74 • Wetlands: Their Use and Regulation 



be canceled by returning all previous payments. To 

 be eligible for the program, land must be private- 

 ly owned inland-wedand areas ot a certain type and 

 size that "in the absence of inclusion in the pro- 

 gram, a change in use could reasonably be expected 

 which would destroy its wetland character. ' ' Other 

 eligible land includes privately owned land, adja- 

 cent to eligible wetlands, which is essential for the 

 nesting, breeding, or feeding of migratory water- 

 fowl. Normally, in order to be eligible for participa- 

 tion, landowners must agree to designate a total 

 of at least 10 acres in a conservation plan developed 

 in cooperation with the soil and water conserva- 

 tion district in which the farm is located. Acreage 

 can be less than 10 acres upon recommendation 

 from SCS. The designated acreage must contain 

 sufficient adjacent land for protecting the wetland 

 and must provide essential habitat for the nesting, 

 breeding, or feeding of migratory waterfowl. 



From program inception in 1972 through 1982, 

 congressional appropriations totaled over $100 mil- 

 lion, with a little over 185,000 acres of wedands 

 and 480,000 acres of adjacent lands being covered 

 by the 6,000 plus agreements that have been signed. 

 Appropriations in 1982 were $8.8 million. 



Other Environmental Programs 

 and Policies 



Executive Order 11990 



Promulgated in May 1977, Executive Order 

 1 1990, Protection of Wedands, mandates that each 

 Federal agency in carrying out its individual re- 

 sponsibilities take action to minimize the destruc- 

 tion, loss, or degradation of wetlands and to pre- 

 serve and enhance the natural and beneficial values 

 of wetlands. This order specifically requires that 

 agencies avoid undertaking or assisting new con- 

 struction in wetlands unless no practicable alter- 

 native exists, that all practical measures to minimize 

 harm to wetlands are included in the action, and 

 that agencies consider a proposal's effect on the sur- 

 vival and quality of wedands. The examples that 

 follow, while not directed at wetlands per se, have 

 had some effect in protecting wetlands. 



Executive Order 11988 



Promulgated in May 1977, Executive Order 

 11988, Flood Plain Management, requires each 

 Federal agency to avoid direct or indirect support 

 of flood plain development wherever there is a prac- 

 tical alternative. Agencies are charged with the 

 responsibility of providing leadership in restoring 

 and preserving the beneficial values of flood plains 

 and in reducing the risk of flood loss and the im- 

 pact of floods on human welfare. Insofar as many 

 wedands are located in flood plains, this order could 

 influence much wetland development. 



Executive Orders 1 1990 and 1 1988 apply to such 

 Federal activities as construction projects, acquisi- 

 tion and disposal of lands, and grants in aid and 

 technical assistance to States and localities for such 

 activities as land and water planning and the build- 

 ing of roads, sewers, and water supply systems. 

 They do not apply to federally permitted or licensed 

 activities on private property. Most Federal agen- 

 cies have issued regulations to implement the orders 

 in interim or final form; however, several sources 

 believe that they have had litde impact on wetland 

 losses. However, by helping to educate people to 

 the values of wetlands, these Executive orders may 

 indirecdy have influenced Federal Government de- 

 cisions about wetlands use. 



Fish and Wildlife Coordination Act 



The Fish and Wildlife Coordination Act, as 

 amended in 1958, requires that wildlife conserva- 

 tion be given consideration equal to the concern 

 for other aspects of the water resource development 

 projects of the Corps, Bureau of Reclamation, and 

 other Federal agencies. This act has empowered 

 FWS and the NMFS to evaluate the impact on fish 

 and wildlife of all new Federal projects and federally 

 permitted projects, including projects permitted 

 under section 404. FWS and NMFS have used their 

 authority under this act to attempt to limit adverse 

 impacts of projects on wetlauids. 



Endangered Species Act 



The Endangered Species Act of 1972 prohibits 

 any Federal agency from undertaking or funding 

 a project that will threaten a rare or endangered 



