Notice2023-01026
National Wetland Plant List
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Published
January 20, 2023
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
The National Wetland Plant List (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. To update the NWPL, 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 proposed changes to the 2022 NWPL and its web address to solicit public comments. The public will now have the opportunity to comment on the proposed changes to wetland indicator status ratings for two plant species in the Arid West (AW) region. In addition, we are accepting comments on the proposal to move from a two-year update cycle to a three-year update cycle for the NWPL. Finally, USACE is seeking comments on the overall NWPL update process.
Full Text
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<title>Federal Register, Volume 88 Issue 13 (Friday, January 20, 2023)</title>
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[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Notices]
[Pages 3729-3731]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01026]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
National Wetland Plant List
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice.
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SUMMARY: The National Wetland Plant List (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. To update the NWPL, 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
proposed changes to the 2022 NWPL and its web address to solicit public
comments. The public will now have the opportunity to comment on the
proposed changes to wetland indicator status ratings for two plant
species in the Arid West (AW) region. In addition, we are accepting
comments on the proposal to move from a two-year update cycle to a
three-year update cycle for the NWPL. Finally, USACE is seeking
comments on the overall NWPL update process.
DATES: Comments must be submitted on or before March 21, 2023.
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, by phone at 202-761-4750 or by email at
<a href="/cdn-cgi/l/email-protection#bad8c8d3dbd4d4df94df94d7d9ddcfdcdcd3dffacfc9dbd9df94dbc8d7c394d7d3d6"><span class="__cf_email__" data-cfemail="f290809b939c9c97dc97dc9f91958794949b97b28781939197dc93809f8bdc9f9b9e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
USACE administers the NWPL for the United States (U.S.) and its
territories. Responsibility for the NWPL was transferred to USACE from
the 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 2022 and
included review by Regional Panels (RPs) and the National Panel (NP).
Wetland Indicator Status Ratings
On the NWPL, there are five categories of wetland indicator status
[[Page 3730]]
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 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, except that this term does not include lands in Alaska
identified as having a high potential for agricultural development and
a predominance of permafrost soils.'' (16 U.S.C. 3801(a)(27) and 7 CFR
12.2). Because each plant species being evaluated occurs as part of a
vegetation assemblage, examining all species present in relation to
their assigned wetland fidelity may be useful in assessing hydrophytic
vegetation.
2022 Update Information
For the 2022 NWPL update, one wetland indicator status rating
change, for Isocoma menziesii, was submitted by the public. In
addition, we received a comment in response to the initial Federal
Register Notice for the 2020 NWPL Update (Federal Register Notice, 86
FR 15656, March 24, 2021) recommending that the wetland indicator
status rating for Populus fremontii be changed from FAC to FACW in the
AW. As mentioned in the final Federal Register Notice for the 2020 NWPL
Update (Federal Register Notice 86 FR 60449, November 2, 2021), because
this species was not proposed for review or a recommended wetland
indicator status rating change prior to the initiation of the 2020 NWPL
update, we are addressing this species as part of the 2022 NWPL update.
The NWPL NP and the AW RP reviewed the submitted information associated
with the two proposed changes and determined the proposed 2022 wetland
indicator status ratings for these species as shown below.
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Proposed 2022 NWPL
Species Region Current 2020 NWPL rating rating
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Isocoma menziesii................. AW...................... FAC..................... FACU.
Populus fremontii................. AW...................... FAC..................... FACW.
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On the current 2020 NWPL, Populus fremontii is listed as a synonym
of Populus deltoides (i.e., these two species are grouped together as a
single species). A synonym is an alternate scientific name that is not
the currently valid scientific name and has been changed based on new
scientific evidence. Scientific name changes often occur due to lumping
two or more formerly separate species into one species or splitting one
or more species from an existing species. When either of these
circumstances occur, the ``new'' species may need re-evaluation of
their wetland indicator status rating.
In 2017, the USACE, EPA, FWS, and NRCS signed a Memorandum of
Agreement (MOA) \1\ that, among other things, required that the NWPL
use the nomenclature used in the NRCS PLANTS Database.\2\ In accordance
with the MOA, we are changing the nomenclature of Populus fremontii to
align with the nomenclature for this species as found in the NRCS
PLANTS Database. This change will remove Populus fremontii as a synonym
of Populus deltoides, and more appropriately place Populus fremontii on
the NWPL as a separate, stand-alone species. Because the wetland
indicator status rating for Populus deltoides is FAC, the current
wetland indicator status rating for Populus fremontii is also FAC. As
part of the 2022 NWPL update, we are proposing to change the wetland
indicator status rating of Populus fremontii from FAC to FACW in the
AW. This proposed change is specific to Populus fremontii and will not
result in a change to the existing wetland indicator status rating for
Populus deltoides.
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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.
\2\ USDA, NRCS. 2022. The PLANTS Database (<a href="http://plants.usda.gov">http://plants.usda.gov</a>, 08/05/2022). National Plant Data Team, Greensboro,
NC USA.
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Changing the Frequency of NWPL Updates
When the NWPL was first updated in 2012, updates were to occur
annually, with subsequent updates occurring in 2013 and 2014. However,
the frequency of the annual updates increased confusion as to which
NWPL update was valid at a given time, so the updates moved to biennial
updates in 2016. Since that time, the number of proposed changes from
the public has gradually decreased. The continued decrease in requests
for changes, along with the potential for further reducing confusion as
to which NWPL update was valid at a given time, has led us to the
current
[[Page 3731]]
proposal to move to a three-year update cycle, beginning with this 2022
update (i.e., the next update will be in 2025 instead of 2024). We are
seeking comments on the proposed change in frequency of NWPL updates or
whether we should remain with biennial updates or move to some other
update frequency.
Instructions for Providing Comments Online
USACE encourages public input in the form of data, comments,
literature references, or field experiences, to help clarify the status
of the species reviewed for this update. These same two reviewed
species, and their proposed 2022 wetland ratings for the AW region, can
be viewed at the NWPL homepage, <a href="https://wetland-plants.sec.usace.army.mil/">https://wetland-plants.sec.usace.army.mil/</a> under ``2022 NWPL Update Information.'' A link to provide
general or species-specific comments in response to this notice is also
available at this location. Users are encouraged to submit literature
citations, herbaria records, experiential references, monitoring data,
and other relevant information. Specific knowledge of, or studies
related to, individual species are particularly helpful. When providing
input or information on the proposed changes to the 2022 NWPL update,
commenters should use their regional botanical and ecological
expertise, field observations, reviews of the most recent indicator
status information, appropriate botanical literature, floras, herbarium
specimens with notation of habitat and associated species, habit data,
relevant studies, and historic list information. Providing ratings
without supporting documentation or information is not recommended. All
submitted comments and information will be compiled and sent to the
NWPL NP for their review and consideration.
In addition to requests for comments on the proposed changes to
wetland indicator status ratings for two plant species in the AW region
as well as the frequency of NWPL updates, USACE is also seeking
comments on the overall NWPL update process. Detailed information on
the update process, protocol, and technical issues can be found in the
following documents, which are available on the ``NWPL Publications''
web page:
<bullet> Lichvar, Robert W. and Paul Minkin. Concepts and
Procedures for Updating the National Wetland Plant List. 2008. ERDC/
CRREL TN-08-3. Hanover, NH: U.S. Army Engineer Research and Development
Center, Cold Regions Research and Engineering Laboratory. <a href="https://wetland-plants.sec.usace.army.mil/nwpl_static/data/DOC/NWPL/pubs/2008_Lichvar_Minkin.pdf">https://wetland-plants.sec.usace.army.mil/nwpl_static/data/DOC/NWPL/pubs/2008_Lichvar_Minkin.pdf</a>.
<bullet> Lichvar, Robert W. and Jennifer J. Gillrich. Final
Protocol for Assigning Wetland Indicator Status Ratings during National
Wetland Plant List Update. 2011. ERDC/CRREL TN-11-1. Hanover, NH: U.S.
Army Engineer Research and Development Center, Cold Regions Research
and Engineering Laboratory. <a href="https://wetland-plants.sec.usace.army.mil/nwpl_static/data/DOC/NWPL/pubs/2011v3_Lichvar_Gillrich.pdf">https://wetland-plants.sec.usace.army.mil/nwpl_static/data/DOC/NWPL/pubs/2011v3_Lichvar_Gillrich.pdf</a>.
<bullet> Lichvar Robert W., Norman C. Melvin, Mary L. Butterwick,
and William 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. <a href="https://wetland-plants.sec.usace.army.mil/nwpl_static/data/DOC/NWPL/pubs/2012b_Lichvar_et_al.pdf">https://wetland-plants.sec.usace.army.mil/nwpl_static/data/DOC/NWPL/pubs/2012b_Lichvar_et_al.pdf</a>.
Future Actions
Future updates to the NWPL will occur on a to-be-determined
schedule. A change in indicator status for a given species, or a
proposed species addition, may be requested at any time at <a href="https://wetland-plants.sec.usace.army.mil/">https://wetland-plants.sec.usace.army.mil/</a> under ``Submit NWPL Change
Request.'' Submissions throughout the review period will be compiled
and reviewed prior to each NWPL update and any resulting proposed
changes will be reflected in the subsequent notice of an updated list.
Michael L. Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2023-01026 Filed 1-19-23; 8:45 am]
BILLING CODE 3720-58-P
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