Other Wetland Aquisition Considerations 25 



Upland areas and/or aquatic areas that contribute appreciably to the 

 long-term preservation of adjacent wetlands may be given priority 

 consideration for acquisition. 



Priority consideration will normally be given to wetlands which 

 can be acquired from willing sellers. 



Priority may be assigned regardless of size (large or small) or the 

 physical or biological condition of the wetland site (degraded or 

 undisturbed). Restorable or pristine wetland sites may warrant 

 priority depending on various interrelated acquisition consider- 

 ations. 



Wetland sites having minimal operation and maintenance 

 requirements warrant priority consideration for acquisition. 



1. Financial Interests In Wetlands 



Section 304 of the Act authorizes the Secretary to purchase wetlands or 

 "interests in wetlands" consistent with the NWPCP. Guidance on 

 Federal acquisitions given in the Report of the U.S. Senate Committee on 

 Environment and Public Works on the Act (U.S. Senate, September 16, 

 1986) indicated: 



"Acquisition should be limited to those purchases of fee title or 

 easements of wetlands and associated upland areas that 

 contribute appreciably to the long-term preservation of such 

 wetlands and associated populations of fish, wildlife, and 

 plants. Acquisition of upland areas adjacent to wetlands is 

 often essential to maintaining the values of those wetlands. 

 Acquisition of less than fee interests, such as acquiring the 

 surface estate but not the mineral interests, or acquiring an 

 easement, is often appropriate. Long-term preservation of 

 wetlands and associated uplands may often best be achieved 

 through obtaining easement in perpetuity." 



As emphasized by the Senate Committee Report, uplands adjacent to 

 wetlands may be considered for acquisition when it is established that 

 their acquisition is essential to maintaining the functional integrity and 

 quality of the wetland ecosystem. Based on the NWPCP Threshold 

 Criteria, as long as at least one half or greater of the wetland acquisition 

 site consists of rare or declining wetland types, the remainder of the site 

 could be essential adjacent uplands and/or non-decHning wetland types 

 and still qualify for acquisition consideration. 



Section 305 of the Act directs that the powers of condemnation or eminent 

 domain shall not be used to acquire wetlands which either have been 

 constructed for the purpose of farming or ranching (e.g., ponds) or have 

 resulted from conservation activities associated with farming or 



National Wetlands Priority Conservation Plan 



