Notice2024-02903
National Wetland Plant List
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 13, 2024
Effective
February 13, 2024
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 2022 National Wetland Plant List (NWPL). The NWPL provides plant species wetland 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.
Full Text
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<title>Federal Register, Volume 89 Issue 30 (Tuesday, February 13, 2024)</title>
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[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Pages 10059-10061]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02903]
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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 2022 National Wetland Plant
List (NWPL). The NWPL provides plant species wetland 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 2022 NWPL will become effective on February 13, 2024.
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#c3a1b1aaa2adada6eda6edaea0a4b6a5a5aaa683b6b0a2a0a6eda2b1aebaedaeaaaf"><span class="__cf_email__" data-cfemail="1b7969727a75757e357e3576787c6e7d7d727e5b6e687a787e357a69766235767277">[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 the 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,
[[Page 10060]]
nomenclatural and taxonomic changes, and newly proposed species. The
latest review process began in 2022 and included review by Regional
Panels (RPs), the National Panel (NP), and the public, who provided
input on proposed wetland rating changes for two species submitted by
the public. Both of the species were submitted for a rating change
request in the Arid West region. The proposed indicator changes were
announced in a Federal Register Notice, 88 FR 3729, January 20, 2023,
with the comment period ending on March 21, 2023. One comment was
received during that time.
Wetland Indicator Status Ratings
On the NWPL, five categories of wetland indicator status ratings
are 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; and 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.'' (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 2022 NWPL update, the NWPL NP and Arid West RP reviewed
proposed wetland rating changes for two species submitted by the
public. Both species were submitted for a rating change request in the
Arid West region. As noted in the Federal Register Notice, 88 FR 3729,
January 20, 2023, the 2022 NWPL update will include a nomenclature
change for Populus fremontii in accordance with the Memorandum of
Agreement signed in 2017 (2017 MOA).\1\ Because the nomenclature change
is required by the 2017 MOA, the USACE requested public input on the
proposed rating change for Populus fremontii only and not the
nomenclature change itself. Submitted information was reviewed by the
NP and the Arid West RP, and proposed 2022 ratings for these species
were determined. Along with soliciting information on the species being
evaluated, we also solicited comments on the overall NWPL process, in
particular whether the NWPL update cycle should remain the present two
years or be changed to a three-year update cycle. This information was
detailed in the Federal Register Notice, 88 FR 3729, January 20, 2023,
and the information on the proposed wetland rating changes is
summarized in the table below.
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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.
Species Reviewed for NWPL 2022 Update
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Current 2020 NWPL Proposed 2022 NWPL Final 2022 NWPL
Species Region rating rating rating
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Isocoma menziesii............... AW................ FAC............... FACU.............. FACU.
Populus fremontii............... AW................ FAC............... FACW.............. FACW.
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In response to the initial Federal Register notice, the USACE
received only one comment which addressed the two- versus three-year
NWPL update cycle. This comment was in favor of retaining the two-year
update cycle. Based on this comment, this broader review, and other
factors including the 2017 MOA, the existing two-year update cycle for
the NWPL will be retained.
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.
In accordance with the Memorandum of Agreement signed in 2006 (2006
MOA),\2\ the USACE, endorsed by the
[[Page 10061]]
EPA, FWS and NRCS, is publishing final wetland indicator statuses for
the 2022 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. The list will be used in any wetland
delineations performed after the effective date. Delineations completed
prior to the effective date may still use the 2020 NWPL. Completed
wetland delineation/determination forms should reference the version of
the NWPL used to complete the form. 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 Paul Minkin. 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 Jennifer J. Gillrich. 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 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.). The Corps has
responsibility for issuing this update pursuant to the 2006 MOA.
Approved by,
Thomas P. Smith,
Chief, Operations and Regulatory Division.
[FR Doc. 2024-02903 Filed 2-12-24; 8:45 am]
BILLING CODE 3720-58-P
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