74 



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vegetation means a predominance of obligate wetland plants and 

 facultative wetland plants. 



Specific qualifications must be required for the individual making the 

 delineation. Agencies administering delineation must recognize and 

 be reqviired to use the best available science in each of the individual 

 scientific disciplines of soil science, plant science and hydrology. 



Congress shovdd require the National Academy of Sciences report to 

 be scientifically field tested and the results subject to both 

 congressional and public scrutiny before it is released or integrated 

 into legislation. 



National Oversight and State Assumption of 404 Proerram 



Farm Bureau recognizes there is currently too much oversight on a permit-by- 

 permit basis. 



Farm Bureau recommends Congress designate the Secretary of the Army, 

 acting through the Corps of Engineers, as the sole federal authority for Section 

 404 permits. The veto power of EPA in Section 404(c) is no longer needed and 

 should be removed. A streamlined process would give EPA, DOI and USDA 

 general oversight, but not on a permit-by-permit basis. 



Farm Bureau recommends streamlining the regulatory process for states to 

 assume administration of the 404 program. 



Coordination and Clarification of Program 

 Concerning Agricultural Activities 



Prior-Converted Cropland 



The Environmental Protection Agency and Corps of Engineers have 

 promulgated rules to exclude prior-converted cropland fi-om the scope of Section 

 404. This was an important change but it is technically flawed and will likely 

 cause further confusion. Specifically, if the production of annual crops is 

 required to maintain this exemption, problems will arise when farmers plant 

 hay, orchards and other perennial crops on this land. This has a huge 

 potential for causing conflict between the farm community and government 

 regulators. 



We are pleased to see the exemption for prior-converted cropland and that the 

 administration has registered its support for this provision being placed into 



