January 19, 2004

Wetlands Protection Maintained by Bush
by James L. Cummins

The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) recently reiterated the Bush Administration's commitment to the goal of "no net loss" of wetlands in the United States. The EPA and the Corps announced that they would not issue a new rule on federal regulatory jurisdiction over isolated wetlands.

"We are reaffirming and bolstering protections for wetlands, which are vital for water quality, the health of our streams and wildlife habitat," said EPA Administrator Mike Leavitt. Assistant Secretary of the Army John Paul Woodley Jr. added, "We will continue our efforts to ensure that the Corps' regulatory program is as effective, efficient and responsive as it can be." The Supreme Court's 2001 decision in the case of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (commonly referred to as to "SWANCC") overturned the Corps' assertion of federal jurisdiction over certain isolated wetlands based on the presence of migratory birds. The EPA and the Corps responded by issuing revised guidance to their field offices. At the same time, the Agencies reaffirmed federal jurisdiction over the majority of wetlands not impacted by the decision.

After soliciting public comment to determine if further regulatory clarification was needed, the EPA and the Corps have decided to preserve the federal government's authority to protect our wetlands. The agencies will continue to monitor implementation of this important program to ensure its effectiveness.

The Bush Administration is currently implementing dozens of programs to protect and restore millions of acres of our Nation's important wetlands. These include the Food Security Act's (Farm Bill) "Swampbuster" requirements, the Wildlife Habitat Incentives Program and the Wetlands Reserve Program, both under the authority of the U.S. Department of Agriculture. EPA programs include its "Five-Star Restoration" grant program, the numerous EPA wetlands restoration, enhancement and protection grant programs and the National Estuary Program.

Other valuable federal programs include: the U.S. Fish and Wildlife Service's "Partners For Fish and Wildlife" program, the National Marine Fisheries Service's Coastal Wetlands Restoration Program and the Migratory Bird Conservation Commission, composed of the Secretaries of Interior and Agriculture, the Administrator of EPA, and Members of Congress, including Senator Thad Cochran (R-MS).

James L. Cummins is Executive Director of the Mississippi Fish and Wildlife Foundation in Stoneville, Mississippi. Known as "Wildlife Mississippi," the Foundation is a non-profit, conservation organization founded to conserve, restore and enhance fish, wildlife and plant resources throughout Mississippi