175 



Conservation districts have a long history of working with the agricultural community in 

 successfully carrying out cooperative, incentives-based programs. It is important that we 

 develop programs that do not unnecessarily restrict agriculture's ability to remain competitive 

 and productive. Therefore, it is critical that these programs emphasize flexibility — allowing 

 local people to tailor programs to their specific needs. 



Ws must also keep in mind that the next generation of the Farm Bill is right around the comer. 

 In crafting these water quality and wetlands programs we need to ensure that they will provide 

 linkages to the present and next Farm Bill. It is crucial that all these efforts be integrated and 

 complementary to ensure that the agricultural community can carry out what is required of it 

 while remaining productive and competitive. 



The subcommittee requested comments on specific bills pending in the House at this time. 

 With respect to HR 3465, introduced by Representative de la Garza, NACD is generally 

 pleased with the provisions of this bill. We have long endorsed an enhanced role for states in 

 carrying out federal wetlands protection policies. We also appreciate the need for good 

 science in developing a sound wetlands delineation formula. We hope that the National 

 Academy of Science's study will provide a good basis from which to establish a scientifically 

 credible delineation formula. Since the United States is such a geographically diverse nation, 

 the allowance for regional variations in hydrology, soils, and vegetation will be an important 

 component in developing a balanced approach to wetlands protection. 



We also laud the bill's provision to develop materials and conduct training courses for 

 consultants and state and local governments to better explain the guidelines for delineating 

 wedands. NACD has recommended on several occasions that all agencies with wedands 

 responsibilities should undertake concerted outreach efforts to educate federal employees and 

 cooperating state and local agencies, including conservation district employees, on delineation 

 methods and procedures. We also believe that educational outreach efforts to individual land 

 owners, coupled with technical assistance to help manage wetlands, will do much to resolve 

 the controversy surrounding wetlands conservation. 



NACD also supports efforts to streamline the 404 permit process and to provide an 

 administrative appeals channel. We believe that this will help strengthen the 404 program and 

 help to avoid many of the legal entanglements that result from permit issuance and denials. 



The issuance of swampbuster general permits under appropriate circumstances is also a 

 desirable feature of this bill. This would also help to ease some of the workload in 

 administering the program. We also endorse the bill's provision to exempt prior converted 

 croplands, and other lands SCS determines to be exempt from Swampbuster, from Section 404 

 jurisdiction. 



HR 3465 also exempts other waters and areas from 404 jurisdiction. Areas such as upland 

 nontidal drainage and irrigation ditches, artificially irrigated areas, artificial lakes or ponds 

 used for stock watering or irrigation, artificial stormwater detention areas and artificial sewage 

 treatment areas and others would not be subject to 404 jurisdiction. NACD supports all of 

 these changes, as well as the exemptions for normal farming, silviculture, and ranching 

 activities. 



NACD Strongly supports state leadership in developing wetlands conservation programs with 

 conservation districts as local or watershed management entity. Enhanced state leadership 

 would improve local and regional input and coordination through the expanded use of 

 information and education, and technical and financial assistance. 



