Regulatory Framework & Compliance Flashcards

Under the Swampbuster provisions of the Food Security Act, a farmer who converts a wetland to produce an agricultural commodity may lose eligibility for which federal benefits?

Answer: USDA commodity program benefits, price supports, crop insurance, and farm loans

The Swampbuster provisions deny eligibility for USDA commodity program benefits, price supports, crop insurance, and farm loans to producers who convert wetlands for crop production.

Which federal agency is responsible for making wetland determinations on agricultural lands for Swampbuster compliance purposes?

Answer: Natural Resources Conservation Service (NRCS)

The Natural Resources Conservation Service (NRCS) is responsible for making wetland determinations and delineations on agricultural lands for Swampbuster compliance.

The Coastal Zone Management Act (CZMA) requires federal agency activities to be consistent with state coastal management programs under which provision?

Answer: Section 307 consistency requirement

Section 307 of the CZMA requires that federal agency activities and federally licensed or permitted activities be consistent with approved state coastal management programs.

A wetland delineator discovers that a proposed project site may contain habitat for a federally listed threatened species. Which regulatory consultation process is triggered under the Endangered Species Act?

Answer: Section 7 interagency consultation

Section 7 of the ESA requires federal agencies to consult with the U.S. Fish and Wildlife Service or NOAA Fisheries to ensure their actions do not jeopardize listed species or destroy critical habitat.

Which of the following best describes an 'after-the-fact' permit under the Section 404 program?

Answer: A permit application submitted after unauthorized fill has already been placed

An after-the-fact permit is when an applicant submits a Section 404 permit application after fill has been placed in waters of the U.S. without prior authorization.

Under what circumstances would a state be authorized to administer the Section 404 program in lieu of the U.S. Army Corps of Engineers?

Answer: When a state applies for and receives Section 404 program assumption from EPA

States can assume administration of the Section 404 program by applying to and receiving approval from the EPA under the program assumption provisions, though very few states have done so.

The National Historic Preservation Act (NHPA) Section 106 review process is relevant to wetland permitting because federal agencies must:

Answer: Consider effects on historic properties before issuing federal permits

Section 106 of the NHPA requires federal agencies to consider the effects of their undertakings on historic properties included in or eligible for the National Register of Historic Places before issuing permits.