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Finally, the MOA provides that landowners for whom SCS makes a delineation for either Swampbuster 

 or section 404 will be afforded the opportunity to appeal such determinations through the SCS appeals 

 process. The Corps and EPA, however, have the right, on a case-by-case basis, to determine that a 

 revised delineation resulting from an appeal is not valid for purposes of section 404 Jurisdiction. 



While many in agriculture welcomed the MOA when it was announced, a more detailed review of the 

 Agreement indicates that SCS may not be in charge of wetlands determination. Not only is the defmition 

 of an "agricultural land" inadequate, but a number of loopholes exist which allow EPA to continue to 

 control the process. Congress should not codify the MOA in any legislation, but instead should passed 

 the H.R. 1089, a bill which truly provides for a single federal agency — the Soil Conservation Service 

 — to make all technical determinations with respect to wetlands or converted wetlands on agricultural 

 lands. 



Coastal Zone Management Act 



As stated above, section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA) 

 requires that coastal states with federally approved coastal zone management programs develop Coastal 

 Nonpoint Pollution Control Programs to be approved by EPA and NOAA. These programs are designed 

 to bring together authorities and capabilities within state coastal zone management and water quality 

 agencies to jointly address the potential problem of coastal NPS pollution. The purpose of the program 

 is to implement management measures for NPS by more fully integrating federal, state and local 

 authorities. For states to continue receiving federal grant funds under certain NOAA and EPA authorities, 

 their coastal nonpoint pollution control programs must be submitted to EPA and NOAA by July 1995. 

 Management measures must then be fully implemented by January 1999. 



The state Coastal Nonpoint Programs represent an innovative approach to dealing with coastal NPS 

 because they build upon state and local authority and expertise. EPA and NOAA have already released 

 two guidance documents to help coastal states control NPS and are working to provide technical assistance 

 and scientific knowledge to help states develop their programs. 



Because agriculture is cited as one of the five major sources of nonpoint pollution and will be a major 

 component of the state's coastal nonpoint program, involvement of the state agricultural agency is critical. 

 NASDA recognized the need of state agricultural officials to be informed about the program requirements 

 and be prepared to cooperate with the appropriate water quality and/or coastal zone agency in their state 

 in the development of a balanced Coastal Nonpoint Program. NASDA further recognized that the lack 

 of communication between agencies which so often results due to lack of resources must be overcome as 

 the plan is developed and implemented. 



Therefore, NASDA was in the unique position to facilitate the communication between state agencies. 

 NASDA believed its expertise in state enforcement programs and established means of communication 

 with members and the agricultural community would enable the organization to assist EPA and NOAA 

 in assuring cooperation between state agricultural and water quality agencies in the development of the 

 state coastal nonpoint pollution programs. 



Through a two-part program, NASDA is attempting to provide a means of training state agricultural 

 officials regarding the requirements of the CZARA and enabling states, especially those with limited 

 resources, to contribute to the development of state coastal nonpoint programs. In consultation with EPA, 

 NOAA, USDA and leading experts in nonpoint source pollution prevention, NASDA has developed and 

 will distribute a process document to assist states in developing their agricultural plan for possible 



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