154 



— 2 — 

 cooperation with agriculture, we believe the SCS should be the sole agency that 

 delineates wetlands on agricultural land. 



Given the highly technical, but sometimes subjective, nature of wetlands 

 delineation. Congress should establish a training and certification program for all 

 wetlands delineators. This coupled with an appeals process that is subject to judicial 

 review would force more integrity and accountability into the wetlands delineation 

 process. However, we are opposed to third party involvement in appeals 

 proceedings as contained in H.R. 3465. (Studds-de la Garza) 



We believe that national wetlands policy must include a classification system 

 for wetlands functions and values. All wetlands do not share the same ecological 

 value or perform the same functions. The degree of regulatory protection should be 

 determined based on the values and functions present. 



We are encouraged by language in H.R. 3465 that exempts prior-converted 

 cropland from permitting requirements and that recognizes that they are not 

 navigable waters. However, it is incomplete in its current form. Congress should 

 specifically exclude all prior-converted cropland from both Section 404 regulation and 

 waters of the United States, regardless of the type of crop grown. 



We also recommend that so-called "farmed wetlands," land cropped or 

 intensively managed for agricultural production a majority of the time, should not be 

 labeled jurisdictional wetlands. Farmed wetlands are areas that are wet so 

 infrequently that they can be farmed without ditching, tiling or draining. Clearly, 



