EP 1165-2-1
30 Jul 99
(these, collectively, are commonly referred to as "Swampbuster"
provisions). These provisions, implemented under Department of
Agriculture (USDA) final rule effective 17 September 1987 (7 CFR 12),
are administered by the NRCS. The final rule sets forth the terms and
conditions under which a person, who has produced an agricultural
commodity on newly converted wetlands, shall be declared ineligible
for certain benefits provided by USDA. Such benefits include:
commodity price support or production adjustment payments; farm
storage facility loans; disaster payments; payments for storage of
grain owned or controlled by the Commodity Credit Corporation; Federal
crop insurance; and FmHA loans. Farmers who plant commodity crops,
after 23 December 1985, on lands that were converted from a wetland to
a non-wetland condition by a Corps project will trigger "Swampbuster"
considerations which may lead to the cited USDA program
ineligibilities. This could result in lessening of sponsor support
for a project and a reduction in estimated benefits that might
otherwise have been attributed to the project proposal. It could also
change the with and without project assumptions used to establish
environmental impacts and associated mitigation needs; this is
particularly significant where habitat preservation credit is a
component of mitigation plans. The Corps coordinates its flood
control plans involving agricultural lands with the NRCS, and alerts
project sponsors and affected farmers of their responsibilities for
meeting requirements set forth in the "Swampbuster" provisions of the
Food Security Act of 1985. The Act provides for certain "third party"
exemptions which may be available to landowners who receive ancillary
drainage benefits from Corps projects. It is the responsibility of
the individual landowner, not the Corps, to request such an exemption.
24-15. Superfund Program. The Environmental Protection Agency (EPA)
is assigned primary responsibility under Executive Order 12580 for
implementing the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (Public Law 96-510), commonly referred to as
"Superfund." An interagency agreement with EPA executed 3 December
1984 (replacing an earlier agreement of 3 February 1982) provides for
the Corps to assist EPA in certain ways. EPA has a three-tiered
process that will determine the extent of Corps assistance. Under the
process, EPA will: (1) determine whether a private entity is liable
for clean-up and will approach that entity to perform the work of
clean-up; if that does not develop, then (2) determine whether the
state can/will do the clean-up; if not (3) determine that Federal
clean-up is appropriate and request the Corps to undertake the work.
The Corps will serve as contract manager as follows:
a.
Review design
b.
Monitor construction
c.
Provide technical assistance to EPA
d.
Review state plans at EPA request
The actual design and construction will be performed by contract with
private firms under supervision by the Corps.
24-16. Coastal Zone Management Act (CZMA) of 1972, as amended (Public
Laws 92-583 and 101-508). This Act declared a national interest in
the effective management, beneficial use, protection and development
of the coastal zone. It indicates that the primary responsibility for
planning and regulation of land and water uses rests with the state
and local governments. The Act states that Congress finds that the
key to more effective protection and use of the land and water
24-7
Previous Page
