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The MOA said the agencies "recognize and value the important contribution of agricultural producers to 

 our society, our economy, and our environment." It stated they were committed to "ensuring that federal 

 wetlands programs are administered in a manner that minimizes the impacts on affected landowners to 

 the fullest extent consistent with the important goal of protecting wetlands." The MOA pledged to 

 minimize 'duplications and inconsistencies" between Swampbuster and section 404. 



According to the MOA, the Administrator of EPA has the ultimate authority to determine the geographic 

 scope of waters of the United States subject to jurisdiction under the CWA, including the section 404 

 regulatory program. It further states that the Secretary of USDA, acting through the SCS Chief, has the 

 ultimate authority to determine the geographic scope of wetlands for Swampbuster purposes and to make 

 delineations relative to Swampbuster, in consultation with FWS. ("Consultation" is defined for purposes 

 of the MOA as SCS providing FWS an opportunity for full participation in the action being taken and for 

 timely review and comment on the findings of SCS prior to a final wetland delineation pursuant to the 

 requirements of the Farm Bill.) The purpose of the MOA is to specify that determinations made by SCS 

 on agricultural lands, in consultation with FWS, will be accepted by EPA and the Corps for determining 

 section 404 wetland jurisdiction. EPA and the Corps will also accept SCS determinations on non- 

 agricultural lands that are either narrow bands immediately adjacent to, or small pockets interspersed 

 among, agricultural lands. 



The MOA defines "agricultural lands" as intensively used and managed cropland, hayland, pasture land, 

 orchards, vineyards, and areas which support wetland crops such as cranberries, taro, watercress, and 

 rice. Lands intensively used and managed for pasture or hayland where the natural vegetation has been 

 removed and replaced with planted grasses or legumes are considered "agricultural lands." 



"Agricultural lands" do not include rangelands, forest lands, wood lots, or tree farms. Lands where 

 natural vegetation has not been removed, even though that vegetation may be regularly grazed or mowed 

 and collected as forage or fodder, are not considered "agricultural lands." 



Lands owned or operated by a USDA program participant that are not agricultural lands may be delineated 

 by SCS in coordination with EPA and the Corps, and in consultation with FWS at the landowners request. 

 ("Coordination" means that SCS will contact the Corps or EPA and provide an opportunity for review, 

 comment and approval of the findings — in other words, EPA and the Corps will have final approval of 

 non-agricultural land delineations.) 



Delineations made on agricultural lands will be done using the National Food Security Act Manual, Third 

 Edition. For delineations on non-agricultural lands, the 1987 Corps Wetland Delineation Manual will be 

 used. 



A final written delineation made by SCS will be adhered to by all four agencies for a period of five years. 

 Producers wishing to manipulate a potential wetland after the five-year period expires, will need to contact 

 SCS for an update or face possible violation penalties. SCS may change a wetland determination during 

 the five-year period if new information "warrants" a revision. Such new information may include data 

 on landscape changes caused by a major flood or a landowner's notification of intent to abandon 

 agricultural use, and the return of wetland conditions on a prior converted cropland. 



The MOA establishes a monitoring and review process. EPA will lead the four agencies in establishing 

 inter-agency oversight for delineations done by SCS. These reviews will occur, at a minimum, on a 

 quarterly basis for the first year, on a semi-annual basis for the second year, and annually thereafter. 

 When the interagency group cannot resolve a pending issue, EPA may designate a geographic area as a 

 "special case" and assume the responsibility of making the delineation rather than SCS. 



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