CWD Regulatory Framework & Compliance 3 — Questions and Answers
Question 1: 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?
- Crop insurance and farm loans only
- USDA commodity program benefits, price supports, crop insurance, and farm loans (Correct answer)
- State agricultural tax exemptions only
- Federal conservation easement payments only
Correct 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.
Question 2: Which federal agency is responsible for making wetland determinations on agricultural lands for Swampbuster compliance purposes?
- U.S. Army Corps of Engineers
- U.S. Environmental Protection Agency
- Natural Resources Conservation Service (NRCS) (Correct answer)
- U.S. Fish and Wildlife Service
Correct 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.
Question 3: The Coastal Zone Management Act (CZMA) requires federal agency activities to be consistent with state coastal management programs under which provision?
- Federal consistency doctrine
- Section 307 consistency requirement (Correct answer)
- Section 404 coastal zone overlay
- Coastal wetland mitigation mandate
Correct 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.
Question 4: 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?
- Section 4 listing consultation
- Section 7 interagency consultation (Correct answer)
- Section 9 take prohibition review
- Section 10 incidental take permit process
Correct 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.
Question 5: Which of the following best describes an 'after-the-fact' permit under the Section 404 program?
- A permit issued in advance for planned future activities
- A permit application submitted after unauthorized fill has already been placed (Correct answer)
- A permit for activities that occurred before CWA enactment
- A retroactive exemption for pre-existing agricultural drainage
Correct 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.
Question 6: Under what circumstances would a state be authorized to administer the Section 404 program in lieu of the U.S. Army Corps of Engineers?
- When a state passes legislation mirroring the Clean Water Act
- When a state applies for and receives Section 404 program assumption from EPA (Correct answer)
- When the Corps formally delegates authority to a state environmental agency
- When a state has a certified wetland delineator on staff
Correct 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.
Question 7: The National Historic Preservation Act (NHPA) Section 106 review process is relevant to wetland permitting because federal agencies must:
- Deny all permits for projects affecting historic wetlands
- Consider effects on historic properties before issuing federal permits (Correct answer)
- Require wetland delineation of all historic preservation areas
- Consult with state historic societies before approving mitigation banks
Correct 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.
CWD Regulatory Framework & Compliance 3
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?