Subpart F - Coordination With Other Wetland Protection 



Policies 



PART 512 - WETLAND CONSERVATION 

 SUBPART F - COORDINATION WITH OTHER AGENCIES AND PROGRAMS 



512.50(c) 



{512.50 Coordination with FWS. 



(a) In FSA implementation, USDA is required to consult 

 with the Department of the Interior,- Fish and Wildlife 

 Service (FWS) , on determinations and actions that involve: 



(1) wetland identification; 



( 2 ) exemptions ; 



(3) issuance of regulations; 



(4) mitigation; and, 



(5) restoration. 



(b) National, NTC, state, and local SCS officials 

 should consult, agree, contact, or inform FWS 

 representatives on implementation of the wetland 

 conservation provision as it relates to the above. This 

 will include involvement of the FWS in quality control 

 procedures, wetland inventories, wetland determinations, 

 minimal effect exemptions, and any other exemptions tinder 

 the wetland conservation provision. SCS will notify FWS in 

 writing for an application for an exemption or technical 

 determinations within 7 days after being notified by the 

 person applying for the exemption or determination. FWS 

 will have 30 days to respond to SCS. If FWS fails to 

 respond within 30 days, SCS will have fulfilled its 

 responsibility for consultation or agreement with FWS. 

 Where FWS does not respond, SCS may proceed as if FWS 

 coordination has occurred but must report such actions to 

 the state conservationist, who will in turn keep a record of 

 such "non-responses by FWS." 



(c) Where there is lack of agreement between SCS and 

 FWS at the field level on determinations where agreement is 

 required, the decision will be made by the state 

 conservationist in consultation with FWS. Where there is 

 lack of agreement between SCS and FWS they will be reported 

 to both the SCS and FWS National offices, although the final 

 decision will be made by the state conservationist. 



512-65 



(180-V-NFSAM, Second Ed., Amend. 6, May 1991) 



