News and Announcements
All editions of the NYSWF newsletters are
available online
here
Great Lakes Regional Collaboration’s Habitat/Wetlands Initiative Workshops for 2008-2009
Falling Through the Cracks: The Science and Policy Challenges of Conserving Small Wetlands in the Hudson Valley
10/28/08 9am-5pm Norrie Point Environmental Center, Staatsburg, NY
Index:
IJC Review of the Lake Ontario - St. Lawrence River Order of Approval 2008
Corps Delineation Manual Regional Supplement (October 18, 2007)
EPA,
Corps Release ANPR on SWANCC Guidance (Comments due March 3, 2003)
Legislation
Introduced to Recapture Clean Water Act Jurisdiction (7/25/02)
ASWM
Develops Wetland and Watershed Toolkit for NY Local Governments (2/21/02)
NYC Open Space Website Launched
Corps Delineation Manual Regional Supplement
The text of the DRAFT Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Atlantic and Gulf Coastal Plain Region, which was announced this summer may be found at:
http://www.nab.usace.army.mil/Regulatory/PublicNotice/SPN/spn07-49.pdf
The midwest supplement is available at: http://www.usace.army.mil/cw/cecwo/reg/midwest_peerrev_draft_06-01-07.pdf
EPA, Corps Release ANPR on SWANCC Guidance
(Comments due March 3)
An Advance Notice of Proposed Rule Making was forwarded to the
Federal Register last Friday afternoon January 10, 2002. A copy
of the document sent to the Federal Register and a press release
are available at http://www.epa.gov/owow/wetlands/swanccnav.html.
Comments are due March 3, 2003. Please note that Appendix A of the
ANPRM is a SWANCC guidance document issued by EPA and the Corps
as well.
The ANPRM requests the public's input regarding which waters should
continue to be regulated under the Clean Water Act following the
SWANCC decision by the Supreme Court (http://www.supremecourtus.gov/opinions/00pdf/99-1178.pdf.)
Actual publication in the Federal Register generally takes several
days after submission, so it should be published in the Federal
Register sometime later this week which will formally begin a 45
day comment period.
The comments received in response to the ANPRM will be used to
shape a proposed rule that will be issued for further public comment
later in the year according to the ANPRM. This will be followed
by a final rule.
The ANPRM clarifies that the proposed rule making applies to the
entire Clean Water Act and requests the public's input on both the
importance of waters that may be eliminated from Clean Water Act
jurisdiction and how concepts such as tributaries, navigability,
adjacency, man made alterations and other factors should be defined
in determining Clean Water Act jurisdiction.
Appendix A which is included in the ANPRM is a copy of joint EPA
Corps Guidance issued at the same time the ANPRM was forwarded to
the Federal Register. It provides additional information concerning
how Corps districts should make jurisdictional determinations prior
to further clarification through rule making.
Additional comment on the ANPRM and SWANCC guidance is found
at:
Washington Post
Administration Establishes New Wetlands Guidelines - 20 Million Acres Could
Lose Protected Status, Groups Say
http://www.washingtonpost.com/wp-dyn/articles/A40489-2003Jan10.html
National Wildlife Federation
Administration Threatens to Limit Clean Water Act Protections for Many
American Waterways
http://www.nwf.org/news/wetlands01102003.html
National Association of Home Builders
Corps & EPA Rules Do Nothing To Solve Wetlands Confusion
http://www.nahb.org/news_details.aspx?newsID=275
Legislation
Introduced to Recapture Clean Water Act Jurisdiction
On July 25, 2002, Senator
Feingold and Congressmen Dingle and Oberstar introduced legislation into
the Senate and House respectively to protect isolated wetlands now in jeopardy
as a result of a 2001 Supreme Court decision—Solid Waste Agency of
Northern Cook County v. Army Corps of Engineers (SWANCC). The bills, which
will be called The Clean Water Authority Restoration Act of 2002, were introduced
to restore the protection that existed for all waters and wetlands prior
to the SWANCC decision by:
1) Adopting a statutory definition of "waters of the United States"
based on a longstanding definition of waters in the Corps of Engineers'
regulations (at 33 CFR 328.3).
2) Deleting the term "navigable" from the Act to clarify that
Congress' primary concern in 1972 was to protect the nation's waters from
pollution, rather than just sustain the navigability of waterways.
3) Including a set of findings that explain the factual basis for
Congressional assertion of constitutional authority over waters
and wetlands, including those that are called "isolated."
The Legislation
may be found on Thomas as follows:
S.2780 Clean Water Authority
Restoration Act of 2002
Sponsor: Sen Feingold, Russell D.(introduced 7/24/2002) Latest Major
Action: 7/24/2002 Referred to Senate committee. Status: Read twice
and referred to the Committee on Environment and Public Works. Title:
A bill to amend the Federal Water Pollution Control Act to clarify
the jurisdiction of the United States over waters of the United
States. http://thomas.loc.gov/cgi-bin/bdquery/z?d107:s.02780:
H.R.5194 Clean Water
Authority Restoration Act of 2002
Sponsor: Rep Oberstar, James L.(introduced 7/24/2002) Latest Major
Action: 7/26/2002 Referred to House subcommittee. Status: Referred
to the Subcommittee on Water Resources and Environment. Title: To
amend the Federal Water Pollution Control Act to clarify the jurisdiction
of the United States over waters of the United States. http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.05194:
ASWM Develops
Wetland and Watershed Toolkit for NY Local Governments
The Association of State Wetland Managers, with
assistance from the New York State Wetlands Forum, has developed
a "Wetland and Watershed Protection Toolkit: Guidance Materials
for Local Governments in New York State." The Toolkit is a
compilation of new and existing materials on such topics as wetland
functions and values, regulatory programs, case studies, sources
of technical and financial assistance, and more. An online version
is available at http://www.aswm.org/lwp/nys.
For a hard copy (limited in quantity) or a CD-ROM version contact
ASWM at 518-872-1804 or via e-mail jennifer@aswm.org.
NYC Open Space Website Launched
The NYC Open Accessible Space Information System (OASIS) website
has been launched at http://www.oasisnyc.net.
The OASIS site provides easy access to a wealth of information about
open space resources, including the city's new aerial photos throughout
the five boroughs. The site embodies the OASIS Steering Committee's
vision that a common, free, open space inventory accessible to anyone
on the Internet is invaluable to NYC's greening and planning communities,
especially in underserved areas. It's a working prototype intended
to grow support for enhancing open space and using GIS to deliver
information effectively. OASIS provides an important service for
New Yorkers, as well as a model for other communities across the
country. Contact Matt Arnn, Project Director, NYC Office USDA Forest
Service 26 Federal Plaza, RM 3541 New York, NY 10278; (212) 264-8000x3134;
fax.212/264-0246 marnn@fs.fed.us
4
Youngs Place
P.O. Box 1351
Latham, NY 12110-1351
518-783-1322
Fax: 518-783-1258
info@wetlandsforum.org
News and Announcements
All editions of the NYSWF newsletters are available online here
Great Lakes Regional Collaboration’s Habitat/Wetlands Initiative Workshops for 2008-2009
Falling Through the Cracks: The Science and Policy Challenges of Conserving Small Wetlands in the Hudson Valley
10/28/08 9am-5pm Norrie Point Environmental Center, Staatsburg, NY
Index:
IJC Review of the Lake Ontario - St. Lawrence River Order of Approval 2008
Corps Delineation Manual Regional Supplement (October 18, 2007)
EPA, Corps Release ANPR on SWANCC Guidance (Comments due March 3, 2003)
Legislation Introduced to Recapture Clean Water Act Jurisdiction (7/25/02)
ASWM Develops Wetland and Watershed Toolkit for NY Local Governments (2/21/02)
NYC Open Space Website Launched
Corps Delineation Manual Regional Supplement
The text of the DRAFT Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Atlantic and Gulf Coastal Plain Region, which was announced this summer may be found at:
http://www.nab.usace.army.mil/Regulatory/PublicNotice/SPN/spn07-49.pdf
The midwest supplement is available at: http://www.usace.army.mil/cw/cecwo/reg/midwest_peerrev_draft_06-01-07.pdf
EPA, Corps Release ANPR on SWANCC Guidance (Comments due March 3)
An Advance Notice of Proposed Rule Making was forwarded to the Federal Register last Friday afternoon January 10, 2002. A copy of the document sent to the Federal Register and a press release are available at http://www.epa.gov/owow/wetlands/swanccnav.html. Comments are due March 3, 2003. Please note that Appendix A of the ANPRM is a SWANCC guidance document issued by EPA and the Corps as well.
The ANPRM requests the public's input regarding which waters should continue to be regulated under the Clean Water Act following the SWANCC decision by the Supreme Court (http://www.supremecourtus.gov/opinions/00pdf/99-1178.pdf.) Actual publication in the Federal Register generally takes several days after submission, so it should be published in the Federal Register sometime later this week which will formally begin a 45 day comment period.
The comments received in response to the ANPRM will be used to shape a proposed rule that will be issued for further public comment later in the year according to the ANPRM. This will be followed by a final rule.
The ANPRM clarifies that the proposed rule making applies to the entire Clean Water Act and requests the public's input on both the importance of waters that may be eliminated from Clean Water Act jurisdiction and how concepts such as tributaries, navigability, adjacency, man made alterations and other factors should be defined in determining Clean Water Act jurisdiction.
Appendix A which is included in the ANPRM is a copy of joint EPA Corps Guidance issued at the same time the ANPRM was forwarded to the Federal Register. It provides additional information concerning how Corps districts should make jurisdictional determinations prior to further clarification through rule making.
Additional comment on the ANPRM and SWANCC guidance is found at:
Washington Post
Administration Establishes New Wetlands Guidelines - 20 Million Acres Could
Lose Protected Status, Groups Say
http://www.washingtonpost.com/wp-dyn/articles/A40489-2003Jan10.html
National Wildlife Federation
Administration Threatens to Limit Clean Water Act Protections for Many
American Waterways
http://www.nwf.org/news/wetlands01102003.html
National Association of Home Builders
Corps & EPA Rules Do Nothing To Solve Wetlands Confusion
http://www.nahb.org/news_details.aspx?newsID=275
Legislation Introduced to Recapture Clean Water Act Jurisdiction
On July 25, 2002, Senator
Feingold and Congressmen Dingle and Oberstar introduced legislation into
the Senate and House respectively to protect isolated wetlands now in jeopardy
as a result of a 2001 Supreme Court decision—Solid Waste Agency of
Northern Cook County v. Army Corps of Engineers (SWANCC). The bills, which
will be called The Clean Water Authority Restoration Act of 2002, were introduced
to restore the protection that existed for all waters and wetlands prior
to the SWANCC decision by:
1) Adopting a statutory definition of "waters of the United States"
based on a longstanding definition of waters in the Corps of Engineers'
regulations (at 33 CFR 328.3).
2) Deleting the term "navigable" from the Act to clarify that
Congress' primary concern in 1972 was to protect the nation's waters from
pollution, rather than just sustain the navigability of waterways.
3) Including a set of findings that explain the factual basis for
Congressional assertion of constitutional authority over waters
and wetlands, including those that are called "isolated."
The Legislation may be found on Thomas as follows:
S.2780 Clean Water Authority
Restoration Act of 2002
Sponsor: Sen Feingold, Russell D.(introduced 7/24/2002) Latest Major
Action: 7/24/2002 Referred to Senate committee. Status: Read twice
and referred to the Committee on Environment and Public Works. Title:
A bill to amend the Federal Water Pollution Control Act to clarify
the jurisdiction of the United States over waters of the United
States. http://thomas.loc.gov/cgi-bin/bdquery/z?d107:s.02780:
H.R.5194 Clean Water
Authority Restoration Act of 2002
Sponsor: Rep Oberstar, James L.(introduced 7/24/2002) Latest Major
Action: 7/26/2002 Referred to House subcommittee. Status: Referred
to the Subcommittee on Water Resources and Environment. Title: To
amend the Federal Water Pollution Control Act to clarify the jurisdiction
of the United States over waters of the United States. http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.05194:
ASWM Develops Wetland and Watershed Toolkit for NY Local Governments
The Association of State Wetland Managers, with assistance from the New York State Wetlands Forum, has developed a "Wetland and Watershed Protection Toolkit: Guidance Materials for Local Governments in New York State." The Toolkit is a compilation of new and existing materials on such topics as wetland functions and values, regulatory programs, case studies, sources of technical and financial assistance, and more. An online version is available at http://www.aswm.org/lwp/nys. For a hard copy (limited in quantity) or a CD-ROM version contact ASWM at 518-872-1804 or via e-mail jennifer@aswm.org.
NYC Open Space Website Launched
The NYC Open Accessible Space Information System (OASIS) website
has been launched at http://www.oasisnyc.net.
The OASIS site provides easy access to a wealth of information about
open space resources, including the city's new aerial photos throughout
the five boroughs. The site embodies the OASIS Steering Committee's
vision that a common, free, open space inventory accessible to anyone
on the Internet is invaluable to NYC's greening and planning communities,
especially in underserved areas. It's a working prototype intended
to grow support for enhancing open space and using GIS to deliver
information effectively. OASIS provides an important service for
New Yorkers, as well as a model for other communities across the
country. Contact Matt Arnn, Project Director, NYC Office USDA Forest
Service 26 Federal Plaza, RM 3541 New York, NY 10278; (212) 264-8000x3134;
fax.212/264-0246 marnn@fs.fed.us
4
Youngs Place
P.O. Box 1351
Latham, NY 12110-1351
518-783-1322
Fax: 518-783-1258
info@wetlandsforum.org