Notice2021-23891
National Wetland Plant List
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Published
November 2, 2021
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
The U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2020 National Wetland Plant List (NWPL). The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects.
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<title>Federal Register, Volume 86 Issue 209 (Tuesday, November 2, 2021)</title>
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[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60449-60452]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23891]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
National Wetland Plant List
AGENCY: Army Corps of Engineers, DoD.
ACTION: Notice.
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SUMMARY: The U.S. Army Corps of Engineers (USACE), as part of an
interagency effort with the U.S. Environmental Protection Agency (EPA),
the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of
Agriculture Natural Resources Conservation Service (NRCS), is
announcing the availability of the final 2020 National Wetland Plant
List (NWPL). The NWPL provides plant species indicator status ratings,
which are used in determining whether the hydrophytic vegetation factor
is met when conducting wetland delineations under the Clean Water Act
and wetland determinations under the Wetland Conservation Provisions of
the Food Security Act. Other applications of the NWPL include wetland
restoration, establishment, and enhancement projects.
DATES: The 2020 NWPL will become applicable on November 2, 2021, and
will be used in any wetland delineations performed after this date.
Delineations completed prior to this date may still use the 2018 NWPL.
Completed wetland delineation/determination forms should reference the
version of the NWPL used to complete the form.
ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street
NW, Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Brianne McGuffie, Headquarters, U.S.
Army Corps of Engineers, Operations and Regulatory Community of
Practice, Washington, DC 20314-1000, by phone at 202-761-4750 or by
email at <a href="/cdn-cgi/l/email-protection#0b6979626a65656e256e2566686c7e6d6d626e4b7e786a686e256a79667225666267"><span class="__cf_email__" data-cfemail="d9bbabb0b8b7b7bcf7bcf7b4babeacbfbfb0bc99acaab8babcf7b8abb4a0f7b4b0b5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Army Corps of Engineers (USACE) administers the National
Wetland Plant List (NWPL) for the United States (U.S.) and its
territories. Responsibility for the NWPL was transferred to USACE from
the U.S. Fish and Wildlife Service (FWS) in 2006. The NWPL has
undergone several revisions since its inception in 1988. Additions or
deletions to the NWPL represent new records, range extensions,
nomenclatural and taxonomic changes, and newly proposed species. The
latest review process began in 2020 and included review by Regional
Panels (RPs), the National Panel (NP), and the public, who provided
input on proposed wetland rating changes or additions for 27 species
and 48 regional ratings (some species were reviewed for multiple
regions) submitted by the public. Twenty of these species were proposed
for addition to the NWPL, and seven species were submitted for a rating
change request in one or more regions. The proposed indicator changes
were announced in a Federal Register Notice, 86 FR 15656, March 24,
2021, with the comment period ending on May 24, 2021. Thirteen comments
were received during that time.
Wetland Indicator Status Ratings
On the NWPL, there are five categories of wetland indicator status
ratings, used to indicate a plant's likelihood for occurrence in
wetlands versus non-wetlands: Obligate Wetland (OBL), Facultative
Wetland (FACW), Facultative (FAC), Facultative Upland (FACU), and
Upland (UPL). These rating categories are defined by the NP as follows:
OBL--almost always occur in wetlands; FACW--usually occur in wetlands,
but may occur in non-wetlands; FAC--occur in wetlands and non-wetlands;
FACU--usually occur in non-wetlands, but may occur in wetlands; UPL--
almost always occur in non-wetlands. These category definitions are
qualitative descriptions that better reflect the qualitative supporting
information, rather than numeric frequency ranges. The
[[Page 60450]]
percentage frequency categories used in the older definitions are only
used for testing problematic or contested species being recommended for
indicator status changes. Plus and minus designations and wetland
indicator designations such as No Indicator (NI), No Occurrence (NO),
and No Agreement (NA) were removed in 2012 and are no longer used on
the NWPL. More information on the specifics of how to use these ratings
is available on the NWPL website at <a href="https://wetland-plants.sec.usace.army.mil/">https://wetland-plants.sec.usace.army.mil/</a>.
The NWPL is utilized in conducting wetland delineations under the
authority of Section 404 of the Clean Water Act (33 U.S.C. 1344) and
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401 et
seq.) and wetland determinations under the authority of the Food
Security Act of 1985 (16 U.S.C. 3801 et seq.). For the purposes of
determining how often a species occurs in wetlands, wetlands are
defined as either (1) those areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions
(33 CFR 328.3) or (2) ``except when such term is part of the term
`converted wetland,' means land that has a predominance of hydric
soils; is inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support a prevalence of
hydrophytic vegetation typically adapted for life in saturated soil
conditions; and under normal circumstances does support a prevalence of
such vegetation.'' (16 U.S.C. 3801(a)(27) and 7 CFR 12.2). Wetlands are
identified using the three-factor approach. Because each species being
evaluated occurs as part of a vegetation assemblage, examining the
other species present in relation to their assigned wetland fidelity
may be useful in assessing hydrophytic vegetation.
Discussion of Public Comments
For the 2020 NWPL update, the NWPL NP and RPs reviewed proposed
wetland rating changes or additions for 27 species and 48 regional
ratings (some species were reviewed for multiple regions) submitted by
the public. Twenty of these species were proposed for addition to the
NWPL, and seven species were submitted for a rating change request in
one or more regions. Submitted information was reviewed by the NP and
RPs, and proposed 2020 ratings for these species were determined. Along
with soliciting information on the species being evaluated, we also
solicited comments on the overall NWPL process. This information was
detailed in the Federal Register Notice, 86 FR 15656, March 24, 2021
and is provided in the table below.
At the close of the comment period associated with the Federal
Register notice, it was discovered that Spiranthes diluvialis, which
was proposed for listing on the NWPL, was already included on the
existing NWPL with the indicator status rating of FACW in the Arid West
(AW), Great Plains (GP), and Western Mountains, Valleys, and Coast
(WMVC). As a result, no action was taken with regard to Spiranthes
diluvialis and the indicator status remains unchanged.
In response to the initial Federal Register notice, thirteen
comments were received, addressing seven different species. One comment
was regarding ``Populus fremontii'' (synonym of Populus deltoides on
the 2018 NWPL), recommending that the indicator status in the AW be
changed from FAC to FACW. However, this species was not proposed for
review or recommended indicator status change at the beginning of the
2020 update process and is therefore not included in this update
effort. The proposed change to this species will be evaluated in the
2022 NWPL update. Another comment was on Echinacea laevigata in the
Atlantic and Gulf Coastal Plain (AGCP) and the Eastern Mountains and
Piedmont (EMP). The commenter agreed with the proposed indicator status
of FACU for both regions. The main point of this comment was
questioning whether rare species, such as E. laevigata, should be
included on the NWPL. This comment was reviewed by the NWPL RPs and NP
and there was overall agreement that it is appropriate to include all
species for which we have adequate data to support assignment of an
indicator status.
One commenter recommended that Boltonia decurrens in the Midwest
(MW) be rated FACW, rather than the proposed FAC. Five commenters
recommended that Populus balsamifera in the WMVC be rated FAC, rather
than the proposed FACW. Three commenters, two in the AW and one in the
WMVC, recommended that Vinca major be rated FACU, rather than the
proposed FAC. These recommendations were reviewed by the NWPL RPs and
NP, along with literature, specimen collection data, and professional
experience and the commenters' recommendations were chosen as the final
ratings for each of these three species.
One commenter recommended that Platanthera praeclara in the MW be
rated FACW, rather than the proposed FAC. This recommendation was
reviewed by the MW and GP RPs and the NP, along with literature,
specimen collection data, and professional experience and the
commenter's recommendation of FACW was chosen as the final rating in
both the MW and the GP.
One commenter recommended that Hypericum calycinum in the AW be
rated UPL, rather than the proposed FAC. This recommendation was
reviewed by the AW and WMVC RPs and the NP, along with literature,
specimen collection data, and professional experience. Based on this
review, FACU was assigned as the indicator status for Hypericum
calycinum in both the AW and WMVC Regions.
Species Reviewed for NWPL 2020 Update
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Current 2018 NWPL Proposed 2020 NWPL Final 2020 NWPL
Species Region rating * rating rating
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Aconitum noveboracense.......... MW................ NL................ FACW.............. FACW.
Aconitum noveboracense.......... NCNE.............. NL................ FAC............... FAC.
Aeschynomene virginica.......... AGCP.............. FACW.............. OBL............... OBL.
Apios priceana.................. AGCP.............. NL................ FACU.............. FACU.
Apios priceana.................. EMP............... NL................ FACU.............. FACU.
Apios priceana.................. MW................ NL................ FACU.............. FACU.
Asclepias meadii................ EMP............... NL................ FACU.............. FACU.
Asclepias meadii................ MW................ NL................ FACU.............. FACU.
Asplenium scolopendrium......... EMP............... NL................ FACU.............. FACU.
Asplenium scolopendrium......... NCNE.............. NL................ UPL............... UPL.
Atriplex lentiformis............ AW................ FAC............... FACU.............. FACU.
[[Page 60451]]
Boltonia decurrens.............. MW................ NL................ FAC............... FACW.
Celastrus orbiculatus........... NCNE.............. UPL............... FACU.............. FACU
Cirsium pitcheri................ MW................ NL................ FACU.............. FACU.
Cirsium pitcheri................ NCNE.............. NL................ UPL............... UPL.
Dalea foliosa................... NCNE.............. NL................ FAC............... FAC.
Dalea foliosa................... EMP............... NL................ FAC............... FAC.
Dalea foliosa................... MW................ NL................ FAC............... FAC.
Echinacea laevigata............. AGCP.............. NL................ FACU.............. FACU.
Echinacea laevigata............. EMP............... NL................ FACU.............. FACU.
Helianthus verticillatus........ AGCP.............. OBL............... FAC............... OBL.
Hypericum calycinum............. AW................ NL................ FAC............... FACU.
Hypericum calycinum............. WMVC.............. NL................ FAC............... FACU.
Lespedeza leptostachya.......... MW................ NL................ FACU.............. FACU.
Lespedeza leptostachya.......... NCNE.............. NL................ FACU.............. FACU.
Ligustrum lucidum............... AGCP.............. NL................ FAC............... FAC.
Ligustrum lucidum............... GP................ NL................ FACU.............. FACU.
Ligustrum lucidum............... HI................ NL................ FAC............... FAC.
Oxypolis canbyi................. AGCP.............. NL................ OBL............... OBL.
Peucedanum palustre............. NCNE.............. NL................ OBL............... OBL.
Physaria globosa................ MW................ NL................ FACU.............. FACU.
Physaria globosa................ EMP............... NL................ FACU.............. FACU.
Pinus palustris................. AGCP.............. FACU.............. FAC............... FAC.
Platanthera praeclara........... GP................ NL................ FAC............... FACW.
Platanthera praeclara........... MW................ NL................ FAC............... FACW.
Platanthera praeclara........... NCNE.............. NL................ FACW.............. FACW.
Populus balsamifera............. WMVC.............. FAC............... FACW.............. FAC.
Quercus pagoda.................. AGCP.............. FACW.............. FAC............... FAC.
Silene spaldingii............... AW................ NL................ FACU.............. FACU.
Silene spaldingii............... WMVC.............. NL................ FACU.............. FACU.
Spiranthes diluvialis........... AW................ FACW.............. FACW.............. FACW.
Spiranthes diluvialis........... GP................ FACW.............. FACW.............. FACW.
Spiranthes diluvialis........... WMVC.............. FACW.............. FACW.............. FACW.
Trifolium stoloniferum.......... EMP............... NL................ FACU.............. FACU.
Trifolium stoloniferum.......... MW................ NL................ FACU.............. FACU.
Vinca major..................... AW................ NL................ FAC............... FACU.
Vinca major..................... WMVC.............. NL................ FAC............... FACU.
Xylocarpus moluccensis.......... HI................ NL................ OBL............... OBL.
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* NL = ``Not Listed'' and indicates proposed additions to the NWPL.
As part of the 2020 NWPL update, USACE also proposed making two
administrative changes with the Hawai'i and Pacific Islands Region (HI)
and the South Pacific Islands Subregion (SPI). No comments were
received from the public on this proposal. NWPL subregions are areas in
which small numbers of wetland plants have wetland indicator status
ratings that differ from the ratings for the same plant species in the
rest of the region. Boundaries of subregions are typically based on
Major Land Resource Areas. Under the previous format, the SPI included
certain plant species which had an indicator status rating for SPI but
not for HI (see e.g., indicator status ratings for Abildgaardia ovata;
SPI= FACW, HI= NL). This previous format of HI/SPI is inconsistent with
the formatting of other NWPL regions and subregions and has caused some
confusion when applying the NWPL within HI.
To address this confusion, USACE finalized the two proposed
administrative changes, neither of which affect the current boundaries
of SPI, HI, or any other NWPL regions or subregions. First, USACE
reformatted SPI and HI by merging the lists of plant species from the
existing SPI and HI to form a single, comprehensive region, with SPI
serving as a subregion of HI, instead of the previous state of the
region in which SPI served as a stand-alone subregion separate from the
larger HI region. Plant species that had an indicator status rating for
SPI but not for HI (e.g., Abildgaardia ovata) now have a single,
comprehensive indicator status rating for the entire region (HI). For
those species which had differing indicator status ratings between SPI
and HI (e.g., Abrus precatorius), the indicator status rating for SPI
has been added to the reformatted SPI, which will serve as a subset of
indicator status ratings within HI, and includes only those plant
species and associated indicator status ratings which differ from the
HI indicator status rating. With the exception of Xylocarpus
moluccensis and Ligustrum lucidum, which were recommended changes
submitted by the public, all indicator status ratings for SPI and HI
were retained through this reformatting. This administrative change
provides greater clarity for the public, removes redundancies in the
NWPL that existed between SPI and HI, allows for a consistent
formatting of subregions between all NWPL regions, and more accurately
and appropriately reflects species' distribution and wetland frequency
within SPI and HI.
In addition to reformatting SPI and HI to form a single,
comprehensive region, USACE also renamed SPI from its current name,
``South Pacific Islands Subregion'', to ``Pacific Islands Subregion.''
This subregion includes islands which are located within both the
northern Pacific (i.e., the Commonwealth of the Northern Mariana
Islands and the Territory of Guam) and southern Pacific (i.e., the
Territory of American Samoa). Therefore, the name change more
accurately characterizes
[[Page 60452]]
the geographic extent and spatial variability of this subregion. This
change also creates consistency between the naming conventions of the
NWPL regions and subregions and the Regional Supplements to the Corps
of Engineers Wetland Delineation Manual regions.
In accordance with the Memorandum of Agreement signed in 2017 (2017
MOA),\1\ future updates to the NWPL will continue to occur biennially.
The public may provide input to be considered as part of future NWPL
updates by utilizing the following procedures. A change in indicator
status or addition of a currently unlisted species may be requested at
any time at <a href="https://wetland-plants.sec.usace.army.mil/">https://wetland-plants.sec.usace.army.mil/</a> by clicking on
the ``Submit a NWPL Change Request'' link and submitting the
appropriate data. Appropriate data includes ecological data, literature
reviews, frequency and abundance data, testing descriptions, and
geographic data for the taxon in wetlands and non-wetlands in the USACE
wetland region or subregion for which the change is proposed.
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\1\ U.S. Army Corps of Engineers, the U.S. Environmental
Protection Agency, the U.S. Fish & Wildlife Service and the Natural
Resources Conservation Service. (2017). Memorandum of Agreement
Among the U.S. Army Corps of Engineers, the U.S. Environmental
Protection Agency, the U.S. Fish & Wildlife Service and the Natural
Resources Conservation Service for the Purpose of Updating and
Maintaining the National Wetland Plant List.
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In accordance with the Memorandum of Agreement signed in 2006 (2006
MOA),\2\ USACE, endorsed by the EPA, FWS and NRCS, is publishing final
wetland indicator statuses for the 2020 NWPL. The final NWPL is
available at <a href="https://wetland-plants.sec.usace.army.mil/">https://wetland-plants.sec.usace.army.mil/</a>. State,
regional, and national lists can also be downloaded from this site.
This completes the review of the NWPL. All comments received have been
evaluated and final indicator statuses have been set.
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\2\ U.S. Army Corps of Engineers, the U.S. Environmental
Protection Agency, the U.S. Fish & Wildlife Service and the Natural
Resources Conservation Service. (December 12, 2006). Memorandum of
Agreement Among the U.S. Army Corps of Engineers, the U.S.
Environmental Protection Agency, the U.S. Fish & Wildlife Service
and the Natural Resources Conservation Service for the Purpose of
Transferring Responsibility for Updating and Maintaining the
National List of Vascular Plant Species that Occur in Wetlands.
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Detailed information on the update process, protocol, and technical
issues can be found in the following documents (available on the NWPL
Publications web page):
<bullet> Lichvar, Robert W. and Minkin, Paul. Concepts and
Procedures for Updating the National Wetland Plant List. Sept 2008.
ERDC/CRREL TN-08-3. Hanover, NH: U.S. Army Engineer Research and
Development Center, Cold Regions Research and Engineering Laboratory.
<bullet> Lichvar, Robert W. and Gillrich, Jennifer J. Final
Protocol for Assigning Wetland Indicator Status Ratings during National
Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1. Hanover, NH:
U.S. Army Engineer Research and Development Center, Cold Regions
Research and Engineering Laboratory.
Additional cited literature:
Lichvar R.W., N.C. Melvin, M.L. Butterwick, and W.N. Kirchner.
2012. National Wetland Plant List Indicator Rating Definitions. ERDC/
CRREL TN-12-1. Hanover, NH: U.S. Army Engineer Research and Development
Center Cold Regions Research and Engineering Laboratory
Environmental Documentation
A decision document has been prepared for this action after all
comments received were evaluated. The decision document is available
through Headquarters, U.S. Army Corps of Engineers, Operations and
Regulatory Community of Practice, 441 G Street NW, Washington, DC
20314-1000.
Authority
The NWPL is utilized in conducting wetland determinations under the
authority of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) and
wetland delineations under the authority of Section 404 of the Clean
Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act
of 1899 (33 U.S.C. 401 et seq.). The Corps has responsibility for
issuing this update pursuant to the 2006 MOA.
Jaime A. Pinkham,
Acting Assistant Secretary of the Army (Civil Works).
[FR Doc. 2021-23891 Filed 11-1-21; 8:45 am]
BILLING CODE 3720-58-P
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