CWD Regulatory Framework & Wetland Laws 2 — Questions and Answers
Question 1: Which federal agency administers Section 404 of the Clean Water Act permitting program?
- U.S. Fish and Wildlife Service
- U.S. Army Corps of Engineers (Correct answer)
- U.S. Environmental Protection Agency
- National Oceanic and Atmospheric Administration
Correct answer: U.S. Army Corps of Engineers
The U.S. Army Corps of Engineers (USACE) administers the Section 404 permit program for discharge of dredged or fill material into waters of the U.S.
Question 2: Under Section 404(b)(1) Guidelines, which of the following is NOT a factor used to evaluate alternatives to a proposed fill activity?
- Practicable alternatives that avoid wetland impacts
- Whether the activity is water-dependent
- The applicant's financial profit margin (Correct answer)
- Least environmentally damaging practicable alternative (LEDPA)
Correct answer: The applicant's financial profit margin
The 404(b)(1) Guidelines focus on environmental criteria such as practicable alternatives and LEDPA, not the applicant's financial profitability.
Question 3: What is the primary purpose of Section 401 of the Clean Water Act in the context of wetland permitting?
- To authorize discharge of fill material into navigable waters
- To allow states to certify that federally permitted activities comply with state water quality standards (Correct answer)
- To establish minimum acreage thresholds for permit requirements
- To define wetlands eligible for agricultural exemptions
Correct answer: To allow states to certify that federally permitted activities comply with state water quality standards
Section 401 grants states the authority to certify or deny federal permits based on compliance with state water quality standards.
Question 4: Which Nationwide Permit (NWP) authorizes minor discharges of dredged or fill material into non-tidal waters of the U.S. with a limit of 0.10 acre of loss of waters of the U.S.?
- NWP 12
- NWP 29
- NWP 39 (Correct answer)
- NWP 51
Correct answer: NWP 39
NWP 39 authorizes commercial and institutional developments with a 0.10-acre loss threshold for non-tidal waters of the U.S.
Question 5: The 'prior converted cropland' exemption under Section 404 applies to wetlands that were converted to agricultural use before which year?
- 1972
- 1977
- 1985 (Correct answer)
- 1990
Correct answer: 1985
Prior converted cropland refers to areas where wetlands were converted to agricultural use before December 23, 1985, when the Food Security Act's Swampbuster provisions took effect.
Question 6: Under the Swampbuster provisions of the Food Security Act, a farmer who drains a wetland to produce an agricultural commodity may lose eligibility for:
- Federal crop insurance and commodity program benefits (Correct answer)
- State property tax exemptions
- Local irrigation district memberships
- USDA loan interest rate reductions only
Correct answer: Federal crop insurance and commodity program benefits
Swampbuster provisions make farmers ineligible for federal farm program benefits including crop insurance and commodity support if they convert wetlands to crop production.
Question 7: Which legal doctrine held that the Clean Water Act's jurisdiction extended to 'waters of the United States' including isolated wetlands based on migratory bird use, before being rejected by the Supreme Court?
- The Navigability Doctrine
- The Migratory Bird Rule (Correct answer)
- The Adjacency Principle
- The Hydrologic Connection Standard
Correct answer: The Migratory Bird Rule
The Migratory Bird Rule, advanced by EPA and USACE, was rejected in SWANCC v. U.S. Army Corps of Engineers (2001), limiting CWA jurisdiction over isolated waters.
CWD Regulatory Framework & Wetland Laws 2
Which federal agency administers Section 404 of the Clean Water Act permitting program?