Vol. 29 No. 3 May/June 2019

Cooperative Federalism: Finding the Right Balance between

Federal and State Roles in Implementing the Clean Water Act

By Brenda Zollitsch, PhD, Senior Policy Analyst, ASWM

What is Cooperative Federalism?Cooperative federalism refers to a governing concept where “the distribution of power between national and local or state governments while each recognize the power of the other.1” The three levels of government work cooperatively to solve problems,

rather than making policies independently and these three roles are seen as relatively equal. To date, cooperative federalism has placed the three levels of government as partners in governing, rather than at odds or indifferent to the work of each other. A common analogy used to describe the concept of cooperative federalism2 is that of the marble cake. According to the Center for the Study of Federalism, the marble cake federalism metaphor “holds that the local, state, and national governments do not act in separate spheres, but instead have interrelated policy goals and administrative duties. Instead of individual layers of the cake, they are mixed together, much like the different flavors in a marbled cake.”

The Role of States in Cooperative Federalism

The premise of cooperative federalism provides a critical and strong role for states. States are considered to have the authority to implement federal government policies. A focus of this

1Blacks Law Dictionary, Definition of Cooperative Federalism2Center for the Study of Federalism

In this Issue• Cooperative Federalism

• Association News

• ASWM Out and About

• New Staff Member

• Word Scramble

• New Members

• Webinars

• Full URL Links

Photo Credit: Sharon Weaver, ASWM

2 May/June 2019

role is on good implementation, allowing states to modify plans to accommodate existing state regulations, local contexts and conditions. State power, in cooperative federalism, is considered a check and balance to federal power, ensuring that federal government policies and actions do not conflict with or supersede state policies and priorities without due process. Often, federal agencies works through states using federal funds to implement governance. This provides the federal government some control by holding the financial purse strings, but in the end the state is the one providing implementation, giving it an equally strong role.3

Most U.S. environmental laws work through cooperative federalism.4 Two examples of cooperative federalism are the building of interstate highways and the Resources Conservation and Recovery Act (RCRA).5 In the case of interstate highways, the federal government provides money for most highways in the United States and also sets the standards for new roads. However, highways are then built and maintained at the state level. RCRA also maintains that funding relationship between federal and state government, with funding coming from the federal level and states setting up their own site-specific waste management programs.

In this same way, when enacting the federal Clean Water Act, Congress established a system of cooperative federalism. States, in partnership with federal agencies, are granted meaningful authority to ensure the proper balance of powers in the implementation and enforcement of the Act’s various programs.6 Cooperative federalism is a cornerstone of the Clean Water Act.

Three EPA Clean Water Act-Related Initiatives Could Change the Cooperative Federalism Relationship For cooperative federalism to work, states must retain their own authority and shared governing capacity. They must also be engaged in meaningful federal consultation to ensure that state interests and implementation concerns are taken into account during federal planning and rulemaking. Currently, three elements of the Clean Water Act are being reviewed and/or revised by the current administration – the definition of Waters of the United States (WOTUS), Clean Water Act Section 401 State Water Quality Certifications, and Assumption of the Clean Water Act Section 404 Dredge and Fil Program (§404g).

First, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have been working to re-define the scope of waters regulated under the Clean Water Act (CWA). The most recent proposed WOTUS rule dramatically reduces the scope of waters protected under federal jurisdiction, including a potential decrease in 51% of wetlands mapped by the National Wetlands Inventory and 18% of stream miles in the conterminous U.S. (39% of stream miles in the semi-arid west). Additionally, 52% of stream miles in the U.S. are intermittent and whether or not they will receive federal protection in the final rule is yet to be determined. These ephemeral and intermittent waters are critical to the ecological health of traditionally navigable waters.

3Staten, C. (1993). Theodore Roosevelt: Dual and Cooperative Federalism. Presidential Studies Quarterly (23:1)4Environmental Counsel of States 5https://opinionfront.com/the-concept-of-cooperative-federalism-explained-with-examples6Western Governor’s Association

Prairie Pothole - Photo credit: USFWS/Tom Koernerhttps://www.flickr.com/photos/usfwshq/8539505411/

May/June 2019 3

Second, §401 state water quality certifications are one of the primary tools for states to protect water quality within state boundaries. States have the opportunity to review and condition federal permits (e.g. from the Corps, FERC, DOE and others). This is the only regulatory tool of 28 states (states with no additional state regulatory program). Section 401 certifications are regularly processed across the country, most with no delay or legal involvement. However, §401 authority has recently been the target of legislative and regulatory efforts to reduce state authority in environmental review processes.7

Third, EPA is looking at revising the rules and guidance for how states can assume the CWA §404 Program. Assumption can only provide state authority to take over regulatory control of waters jurisdictionally determined to the Waters of the United States (i.e. under federal jurisdiction). The proposed contraction of assumable waters (through changes in the scope of WOTUS), potentially reduces the value of §404 assumption for states as they will have fewer waters to assume and thus less justification to support their own state program.

The Combination of Proposals to Promote Assumption, Reduce WOTUS and Limit State Authority in §401 Certification Runs Counter to Cooperative FederalismIn combination, these three actions (and there may be others in the future) create extremely muddied waters in which states and tribes must navigate. A reduction in the scope of federal jurisdiction puts the onus on states to take over regulation and protection of those waters. While the current administration has been promoting assumption as the solution to this issue, the story is more complicated than that. A reduction in federal jurisdiction removes those waters not only from federal regulatory control, but also removes them from review under §401 certification. Similarly, assumption only takes over regulation of federally-jurisdictional waters. It is a misperception to assume that waters no longer included as WOTUS would be taken over by states through the assumption process.

The only way that states can take over control of waters that are no longer federally-jurisdictional would be for the state to develop its own wetland regulatory program. While the WOTUS economic analysis makes the prediction that many states will step in to fill this gap, further analysis indicates that many states are not in the position to take on this new role (legally, economically, or politically). This is likely to leave many states in the conundrum of wanting to protect ephemeral, intermittent and isolated waters, but not being able to do so. Additionally, a number of states have enacted laws that prohibit state agencies from regulating waters not protected by federal law.8 Thus, the proposed rule cannot rely on states to protect waters where federal jurisdiction is abandoned. Moreover, these states may be required to reduce the scope of existing state programs in response to deregulation under the CWA.

Cooperative federalism relies on states maintaining the authority to control their own resources in partnership with enforcement and financial support from federal government. There are concerns

7Ibid.8Please see ACWA’s Memo on Waters of the State Stringency from March 13, 2018 to Mr. David Ross, U.S. Environmental Protection Agency; Mr. Ryan Fisher, U.S. Army Corps of Engineers here.

Florested wetland in the Pocomoke River watershed Photo Credit: Dan Murphy/USFWS https://www.flickr.com/photos/

usfwsnortheast/7508455504/

4 May/June 2019

about how current actions by EPA and their lack of formal consultation with states may impact the delicate balance of cooperative federalism. Water managers across the nation argue that any reduction in state authority through changes in §401 timelines and other controls are of great concern. They argue, instead, that there are many examples of successful cooperative federalism. While it does not work in all cases and in many cases could be improved, the base foundations of cooperative federalism are critical to successful environmental management and relationships that protect the interests of all three levels of government.

Examples of Successful Cooperative Federalism At ASWM’s 2019 State/Tribal/Federal Coordination Meeting in Leesburg, Virginia, Mr. John Goodin (EPA’s Director of the Office of Wetland, Oceans and Watersheds) provided a presentation on cooperative federalism and the Clean Water Act. As part of this presentation, he asked participants to write down and share examples of successful cooperative federalism. This information was collected on small handwritten notecards and compiled into a summary document by ASWM. Sixty-five session participants provided their feedback. Examples of successful cooperative federalism ranged from collaborative interagency collaborations, such as the Mid Atlantic Wetlands Working Group (MAWWG) and the New England Biological Assessment and Wetlands Working Group (NEBAWWG), to shared regulatory planning and enforcement actions.

A sampling of specific successes include:Support of state wetland programs through EPA Wetland Program Development GrantsFederal agency-field staff agreements in Region 10Federal-state relationships that supported the reauthorization of nationwide permitsCooperative actions between federal and state transportation agenciesState work with the US Fish and Wildlife Service to update state NHD lettersInteragency Review Team (IRT) processes (with a few exceptions the majority provide important coordination and efficiency benefits)Joint planning process meetings between federal and state agency partnersFederal recognition of higher state standards in the FEMA National Flood Insurance ProgramJoint federal-state development of water quality criteriaStrengthening compliance through shared enforcement Sharing of data between federal and state partners to strengthen planning and decision-making

Marsh Wren, Great Meadows National Wildlife Refuge, Concord, MA Photo Credit: Steve Arena/USFWS

https://www.flickr.com/photos/usfwsnortheast/18896584885/

Photo Credit: Marla Stelk

May/June 2019 5

Keep Marbled Cake on the MenuThe response to this session was a resounding appreciation for cooperative federalism and desire to maintain the relationship of partners in governing. While there are always opportunities to improve the efficiency, effectiveness, transparency and predictability of wetland regulation, there is ample evidence that cooperative federalism should remain intact with continued equal levels of state authority to balance out federal authority. Truly, environmental regulation benefits from the marbled cake approach and the way that states and tribes currently intermingle their regulatory powers in ways that strengthen outcomes across the board.

ASWM will continue to be engaged in this dialogue, supporting the incorporation of sound science into wetland policy, encouraging a cooperative federalism approach and helping build state and tribal wetland program capacity building.

Session participants also identified a wide range of benefits that they had observed from cooperative federalism activities. These included: Strong, regular communication and more open dialogueDevelopment and implementation of shared goalsIncreased ability to address complex issuesBetter environmental outcomesEarly involvement of key parties in permitting issuesBetter service/efficiency outcomesMore productive meetings, close coordination, and shared training opportunitiesEnsuring that both state and federal needs are met; multiple angles of interest considered Understanding and consideration of the regulatory mission of each agencyBetter understanding of key elements of permitting differences (small and large)Joint development of key program elements (created with buy-in from all partners)Development of long-term, formal, stronger joint working relationships, including MOUsAccess to federal technical guidelines and financial supportStates treated as true partners with federal agenciesAbility to develop/implement plans that would not otherwise have happenedStrengthened outcomes and recognition of higher standards (than federal)

To learn more about ASWM’s work on these topics and view ASWM’s analysis and comment letters in response to proposed changes to WOTUS, the Section 401 Certification Process, State Assumption, Compensatory Mitigation Rule and others, check out ASWM’s policy documents webpage. ASWM is also currently working on projects to help build the capacity of states and tribes in the areas of wetland regulatory programs and assumption. Follow these projects and share your ideas and efforts with us!

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6 May/June 2019

Association News By Marla J. Stelk, Executive Director, ASWM

Ants, ants, ants. Last year it was voles. The year before it was grubs. My poor yard. Of course, I can already hear all of you saying it’s a sign of poor soil health - which I have committed to improving this year. The worst part about ants, however, is they also like to move inside. So, every morning this past week I have been greeted by an industrious team of ants on my kitchen counter ready to start the day. Not exactly the team I like to do morning roll call with. But I do have to admire their resourcefulness and dedication…

May and June have been exciting months so far at the Association of State Wetland Managers. May was full of travel and presentations at meetings and conferences including: American Law Institute Continuing Legal Education and Environmental Law Institute conference entitled, “Clean Water Act 2019: Law and Regulation” in Washington, DC; the National Mitigation and Ecosystem Banking Conference in Minneapolis, MN; the Association of State Floodplain Managers Annual Conference in Cleveland, OH; and the Society of Wetland Scientists Annual Meeting in Baltimore, MD.

After many delays at the federal level due to reorganizations and the lingering effects of the past furlough, ASWM was excited to receive three U.S. Environmental Protection Agency Wetland Program Development Grant Awards in May as well. We have eagerly begun pulling together invitations for national workgroup members and developing project outlines, deadlines, etc. The project titles are as follows:

• Strengthening Opportunities for State Assumption of the Section 404 Dredge and Fill Program

• Enhancing State and Tribal Roles in Wetland Protection through Regulatory Program Capacity Building

• Urban Wetlands: Supporting and Sustaining a Healthy and Safe Urban Environment

We have many, many, many webinars planned for the remainder of 2019, including several

for the three projects listed above. In all we are planning to host around 40+ webinars this year. As members of ASWM, you are eligible to receive free certificates of participation for any webinar you participate in at ASWM – a benefit we hope you take advantage of!

A lot of activity continues to happen on the federal level as well, requiring extremely quick responses from States, Tribes, businesses and organizations to comment on proposed changes in federal regulations and guidance. Below are summaries of recent and current activity that ASWM is engaging in and/or that we feel you should all be aware of. As always, we appreciate your input on potential impacts to state and tribal programs from changes at the federal level and use them to inform our responses.

Summer solstice is right around the corner, marking the longest day of the year – doesn’t seem quite fair after the long, rainy and cold spring

Photo Credit: Marla Stelk

May/June 2019 7

we’ve had, but I hope you all make the best of it and enjoy some summertime sunshine while you can!

EPA Issues Guidance on Clean Water Act Water Quality CertificationOn Friday, June 7th, the U.S. Environmental Protection Agency (EPA) released its guidance on Section 401 of the Clean Water Act (CWA). Under Executive Order 13868, “Promoting Energy Infrastructure and Economic Growth,” EPA was directed to issue guidance for federal permitting agencies and state and authorized tribal authorities to “modernize previous guidance” and clarify existing CWA Section 401 requirements. Executive Order 13868 also directed EPA to propose new rules modernizing the agency’s CWA Section 401 implementing regulations by August 8, 2019. The agency intends to propose regulations to clarify and streamline CWA Section 401 certifications.

The guidance as written proposes significant restrictions on state and tribal authority to condition Section 401 permits. The Association

of State Wetland Managers (ASWM) submitted a comment letter in advance of the guidance which can be found here and is working on a response to the newly issued guidance.

Two New WOTUS Court CasesSouthern District of Texas:

On May 28, the Southern District of Texas ruled that Obama officials had violated the Administrative Procedure Act by issuing a final regulation that was too different from the proposed version, whereby the draft agency rule was hydrology-based (i.e., Scientific Connectivity Report) and the final rule was distance based. The court argued that this discrepancy therefore deprived the public of a meaningful opportunity to comment. The court ultimately remanded but did not vacate the Clean Water Rule.

Northern District of Oklahoma:

On May 29, the Northern District of Oklahoma refused to block the Clean Water Rule. The State of Oklahoma had asked the federal district court to add it to the list of states where the Clean Water Rule is not in effect, based on a claim by the state that “the 2015 Rule infringes on its sovereignty to regulate its lands and waters and assumes that the 2015 Rule will lead to an expansion of federal regulation in Oklahoma.” Judge Eagan declined, finding that “the 2015 Rule has been in effect for varying periods of time since this case was filed, and the State can identify no evidence of an aggressive expansion of federal regulation of Oklahoma waters” and that landowner affidavits did not reveal the “type of harm that is so imminent and serious that it would warrant the extraordinary remedy of a preliminary injunction.”

EPA Issues Memo to Increase the Agency’s Compliance with Clean Water Act DeadlinesIn a June 3 memorandum to EPA Regional Administrators, EPA Assistant Administrator for Office of Water, David Ross directed regional offices to comply with statutory deadlines for acting on state and tribal CWA submittals while improving responsiveness in the agency’s oversight role. The memo directs regional offices to approve

Photo Credit: NC Wetlands

8 May/June 2019

or disapprove state and tribal CWA submittals within the timelines established by Congress. For example, EPA must approve new or revised water quality standard submittals within 60 days of the date of the submission or disapprove within 90 days, and the agency must approve or disapprove biannual lists of waters determined to be impaired and total maximum daily loads within 30 days. To read the memorandum, click here.

OMB Releases the Spring 2019 Unified AgendaOn May 22, the Office of Management and Budget Released the Spring 2019 Unified Agenda. Several Clean Water Act (CWA) proposed actions from the EPA Office of Water and others of interest to ASWM state/tribal members are included in the agenda, including:

• CWA 404 Assumption Update Regulation

• EPA Acquisition Regulation: Scientific Integrity

• Clarification of State Certification Procedures Under Section 401

• CWA Section 404(c) Regulatory Revision

• Compensatory Mitigation for Losses of Aquatic Resources – Review and Approval of Mitigation Banks and In-Lieu Fee Programs

• Vessel Incidental Discharge Act of 2018 – Development of National Performance Standards for Marine Pollution Control Devices for Discharges Incidental to the Normal Operation of Commercial Vessels

• Definition of Waters of the U.S. (WOTUS) – Recodification of Preexisting Rule

• Revised Definition of WOTUS

• Strengthening Transparency in Regulatory Science

EPA and FEMA Sign MOU for Disaster AidOn May 31, the Administrator of the U.S. Environmental Protection Agency (EPA), Andrew R. Wheeler, and the Acting Director of the Federal Emergency Management Agency (FEMA), Pete T. Gaynor, signed a Memorandum of Understanding (MOU) between the agencies, that streamlines coordination between FEMA and the State Revolving Fund (SRF) programs, so funding to restore vital water infrastructure can be provided as quickly as possible in times of disaster.

The MOU between the EPA and FEMA establishes a framework for the SRF programs to assist and collaborate with FEMA disaster assistance grant programs. The SRFs have worked cooperatively with FEMA and state, local, tribal, and territorial governments to allow local entities to recover quickly and restore their vital infrastructure after a Presidential-declared disaster. For more information, please contact Nick Chamberlain in the Drinking Water SRF Program at chamberlain.nick@epa.gov or (202) 564-1871, or Shelia Platt in the Clean Water SRF Program at platt.sheila@epa.gov or (202) 564-0686.

Photo Credit: NC Wetlands

May/June 2019 9

ASWM Out and About

American Law Institute – Clean Water Act 2019: Law and RegulationOn May 2nd Brenda Zollitsch, ASWM’s Senior Policy Analyst, was an invited presenter for the American Law Institute Continuing Legal Education and Environmental Law Institute conference entitled, “Clean Water Act 2019: Law and Regulation” in Washington, DC. She participated on a panel

on behalf of ASWM on state perspectives on the status and future of Waters of the United States. Lawyers from across the United States attended the live and webcast event.

National Mitigation and Ecosystem Banking Conference:ASWM Board Members, Tim Rach, Andy Robertson and Doug Norris, and Executive Director, Marla Stelk, participated in the 2019 National Mitigation and Ecosystem Banking Conference in Minneapolis, Minnesota, held May 6-10. Tim co-facilitated a Forum for State Regulators session. Andy presented during a lunchtime General Session on the work he and

his team from Geospatial Services at Saint Mary’s University of Minnesota completed to develop a GIS-based scenario model for comparative analysis of the potential spatial extent of jurisdictional and non-jurisdictional wetlands. Doug presented on a mitigation project for

a calcareous fen wetland resulting from sand mining activities. And Marla presented in and led an early morning discussion, on the topic of exploring opportunities for integrated mapping of wetlands and floodplain functions.

Andy Robertson presenting.

Prairie Pothole Restoration Field Trip.

10 May/June 2019

ASWM Out and About continued

2019 Society of Wetland Scientists Annual MeetingASWM Vice Chair, Tom Harcarik, and Senior Policy Analyst, Brenda Zollitsch attended the 2019 Society of Wetland Scientists Annual Meeting in Baltimore, Maryland held May 28-31. Brenda presented for ASWM as part of an invited symposium entitled, “Educating Current and Future Wetland Scientists” about meeting the learning needs of professional wetland scientists through research-based approaches. Tom Harcarik presented about ASWM’s work in an invited symposium on “Integrated Frameworks for Evaluating Stream and Wetland Compensatory Mitigation”, sharing findings from ASWM’s project on Improving Wetland Restoration Success in a presentation entitled “Improving Wetland Restoration Outcomes: An Exploration of Common Issues and Potential Solutions.” The event also provided an excellent opportunity for networking and sharing the work and benefits of ASWM membership with meeting participants.

Association of State Floodplain Managers Annual Conference: ASWM Executive Director, Marla Stelk, attended the Association of State Floodplain Managers annual conference held in Cleveland, Ohio May 19-23, 2019. The conference had a bigger focus on natural and beneficial functions of floodplains this year, with a plenary presentation by Todd Bridges from the U.S. Army Corps of Engineers on his

recent publication “Engineering With Nature” as well as a workshop on “Incorporating Natural Floodplain Functions into Mitigation” and the Natural Floodplain Functions Alliance annual in-person meeting. Marla presented findings from ASWM’s recently completed project on “Healthy Wetlands, Healthy Watersheds: Leveraging state wetland restoration and protection programs to improve watershed health.”

ASFPM Exhibit Room.

Session on Nature and Nature-Based Solutions.

Brenda Zollitsch, PhD

May/June 2019 11

Wetland Program Success in New Hampshire!

The New Hampshire Department of Environmental Services Wetlands Bureau has completed a multi-year effort to adopt new administrative rules which will become effective December 15, 2019. The new rules contain over 100 new definitions, references to over 10 new technical guides and BMPs, reference to a new Avoidance and Minimization Wetlands BMP manual, and reference to a Wetland Permit Planning Tool that utilizes 64 GIS screening layers.

The rules increase streamlining for small, maintenance, and temporary impact projects and provide greater consistency with other state programs and with the Army Corps of Engineers Programmatic General permit. The rules are based upon best available science and technology to address issues such as sea level rise, climate change, and vulnerability assessments while incorporating new application review standards and permit conditions.

A complete set of the new rules can be found here.

If you have a success story from your state or tribe that you would like to share, please send to Marla Stelk at marla@aswm.org.

Wisconsin Wetlands Association invites you to participate in the 25th Annual

Wetland Science Conference, to be held

February 18-20, 2020, at the Ostoff Resort

in Elkhart Lake, Wisconsin.

Key Conference Planning DatesCall for Symposia – Issued June 2019. SUBMISSION DEADLINE: Sept. 27, 2019

Call for Presentations & Posters – to be issued September 2019. SUBMISSION DEADLINE: Nov. 15, 2019

Student Scholarships – APPLICATION DEADLINE: Jan. 13, 2020Note: they will also be holding a student presentation competition with cash prizes!

Registration – to open December 2019. EARLY BIRD DEADLINE: Jan. 17, 2020

Sponsors & Exhibitors – promote your work to their audience as a sponsor & exhibitor. Exhibitor space is limited and available on a first-come, first-served basis. Sign up by Jan. 17, 2020, to insure you receive recognition in the event materials.

Conference details at conference.wisconsinwetlands.org.

Photo Credit: Dawn Smith, ASWM

12 May/June 2019

Presentations at the Association of State Wetland Managers 2019 Annual State/Tribal/Federal Coordination Meeting

Held Wednesday, April 3, 2019

Incorporating Wetlands into Reservoir

Rehabilitation Projects for Fisheries and Other

Benefits in Nebraska

Ted LaGrange Wetland Program Manager,

Nebraska Game and Parks Commission

Addressing Barriers to Integration of

Ecosystem Service Data into Wetland

Management Programs

Elizabeth Byers Senior Wetland Scientist,

West Virginia Department of Environmental Protection

Integrated Wetland and Stormwater

Program

Brian Wolff Surface Water, Operations and Enforcement Branch

Chief, Indiana Department of Environmental Management

View Recordings Here.

ASWM Welcomes Starsha Schiller to New Position as Policy Analyst

Starsha joined ASWM in the summer of 2018 as an

intern while finishing up her master’s degree in Policy,

Planning and Management from the Muskie School of Public Service (the Muskie

School), at the University of Southern Maine (USM). She

has now earned her degreee and has joined ASWM as a

part-time Policy Analyst. Welcome Starsha!

Just For FunWord Scramble

Unscramble the wetland themed words below.

Answers found on page 18.

Photo Credit: NC Wetlands

May/June 2019 13

Welcome New MembersLauren Mack, Michael Baker InternationalMatt Mahaffie, Whatcom County Planning and Development ServicesAnisha Malik, Michael Baker InternationalAdrienne Mason, University of WaterlooPam Nelson, GUY EngineeringAisling O’Shea, MA Dept. of Fish and GameBrian Owen, MSA, P.C.Erin Page, Whatcom County Planning and Development ServicesRupal Patel, Princeton Hydro, LLCRyan Phaneuf, Michael Baker InternationalStephanie Rainwater, GUY EngineeringJesse Robinson, Biological Systems ConsultantsSkyler Robson, Guy EngineeringAndy Sechrist, University of South DakotaNoelle Smith, Ducks UnlimitedJean Stone, Nevada Department of Conservation & Natural ResourcesAnita Uhlan, FEMA Lindsey Vielma, Tyson Foods, Inc.Paula Whitfield, NOAAMatthew Zabka, Southern Ute Indian Tribe Growth FundBailey Zeiher, West Central Environmental ConsultantsLizzie Zemke, DOWL

Photo Credit: NC Wetlands

The Association of State Wetland Managers is partnering with the Bureau of Land Management to deliver a new webinar series on the role of beavers, beaver mimicry and beaver dam analogs in aquatic resource restoration. Webinars in the series will focus on the following beaver-related restoration topics:

NEW WEBINAR SERIESCOMING SOON

• History of beaver and the ecosystem services they provide

• Case studies of long-term changes that resulted in more water

• Addressing common barriers and objections to beaver work

• Identifying where to place beavers and when to use beaver mimicry/beaver dam analogs

• Addressing policy considerations: navigating the regulatory environment and stakeholders

• Beaver-related restoration resources: what is available, where to find them and how to use them

Richard Beck, Michael Baker InternationalTom Brissenden, Whatcom County Planning and Development ServicesMark Brown, Alachua County FL Environmental Protection DepartmentJennifer Carr, Nevada Department of Conservation & Natural ResourcesPaul Comba, Nevada Department of Conservation & Natural ResourcesKeely Craig, AECOMEddie Davis Jr., USDA-NRCSAmy Dearborn, Whatcom County Planning and Development ServicesMarianne Denton, Nevada Department of Conservation & Natural ResourcesJulianne Epplin, Ameren MissouriTabitha Espinoza, Confederated Salish and Kootenai TribesAmari Farren, Indiana Department of Environmental ManagementAngela Fentress, Ohio EPAMark Fields, RetiredJosh Fleischmann, Whatcom County Planning and Development ServicesJames Gallagher, Kentucky Division of WaterLori Gates, Christopher B. Burke Engineering, LLCMarjorie Hilke, Nevada Department of Conservation & Natural ResourcesElizabeth Kingsland, Nevada Department of Conservation & Natural Resources

14 May/June 2019

ASWM Members’ Webinars

Recently Recorded Members’ Webinars:

Helping States and Tribes Develop Watershed-level Wetland Projects and Integrated Programs

Held May 8, 2019

Some Planned 2019 Members’ Webinar Topics Include:

Presenters:• Brenda Zollitsch, PhD, Senior Policy Analyst,

Association of State Wetland Managers• Starsha Schiller, Intern,

Association of State Wetland Managers

Identifying Listed Species and Streamlining Section 7 Consultation for Wetland Permitting (And More): Introduction to the US Fish and Wildlife Service’s Online IPaC Tool

Held June 12, 2019

Presenter:Victoria Foster, National IPaC Program Coordinator, U.S. Fish & Wildlife Service

• Strategies for building state and tribal permitting capacity

• Exploration of wetland new tools and techniques

• Wetlands and their value in flood hazard mitigation

• Understanding and assessing prairie pothole hydrology

• New findings on invasive wetland plants• California’s new wetland regulations:

Background, next steps and lessons learned• Wetlands and wildfires: Impacts, restoration

and prevention• Wetlands and climate change: What’s

helpful to know

Recording available here (login required).

Victoria Foster

Brenda Zollitsch, PhD. Starsha Schiller

For a complete listing of

ASWM Webinars, click here.

Sign up to receive Information on Upcoming

ASWM Webinars

To view the members’ webinars, you must log in on the ASWM Home Page,

then navigate to the Members Wetland

Webinar Series.

Please contact us at laura@aswm.org or

(207) 892-3399 if you need assistance logging in.

Recording available soon.

May/June 2019 15

Compensatory Mitigation Webinar Series

The U.S. Army Corps of Engineers (Corps) was interested in developing a webinar training series with topics that go beyond what is currently available at the National Interagency Review Team course or in Corps Regulatory Mitigation Workshops. The purpose of the contract between the Corps and the ASWM is to develop and provide advanced training materials for current and future Corps regulatory staff engaged in reviewing, approving and monitoring compensatory mitigation. However, the audience for the webinars and training workshop also includes other people who are working with or running compensatory mitigation programs such as state agency staff, etc. The project is intended to address all forms of compensatory mitigation, i.e., banks, in-lieu fee and permittee responsible. There are eight webinars planned for this series that build on the information from each preceding webinar.

To View Past Compensatory Mitigation Webinars in the Series, click here.Part 1: An Ecological Framework for Reviewing Compensatory Mitigation

Part 2: An Ecological Framework for Reviewing Compensatory Mitigation: Abiotic Processes

Part 3: An Ecological Framework for Reviewing Compensatory Mitigation: Biotic Processes

Upcoming Webinars:Part 7: An Ecological Framework for Compensatory Mitigation: Anticipating the Unexpected

Part 8: An Ecological Framework for Oversight and Compliance: When things Go Wrong and How to Fix Them

Matt Schweisberg, Wetland Strategies and Solutions, LLC

Steve Eggers, USACE, St. Paul

Gretchen Coffman, University of San Francisco

Eric Stein, S. CA Coastal Water Research Project

Jeremy Sueltenfuss, CO State University

W. Lee Daniels, Virginia Tech

Lenore Vasilas, USDA NRCS

Walter I. Priest, III, Wetland Design

Matt Gause, Westervelt Ecological Services

Mick Micacchion, TNC and Midwest Biodiversity Institute

Karen Greene, NOAA Fisheries

Matt Gause, Westervelt Ecological Services

Steve Martin, USACE

Michelle Mattson, USACE

Michael S. Rolband,Wetland Studies and Solutions, Inc.

Eric Stein, S. CA Coastal Water Research Project

Mick Micacchion, TNC and Midwest Biodiversity Institute

Part 4: An Ecological Framework for Reviewing Compensatory Mitigation: Plan Review

Part 5: An Ecological Framework for Reviewing Compensatory Mitigation: Coherent Plans - Goals, Objectives, Performance Standards, Outcomes and Monitoring

Part 6: An Ecological Framework for Reviewing Compensatory Mitigation Plans: Conceptual to Final Designs

Anthony Zemba, Fitzgerald & Halliday, Inc.

Larry Urban, MT Dept. of Transportation

Jeanne Richardson, USACE

A Certificate of Participation to be used toward Continuing

Education Credits will be available for all Webinars.

Click here for more Information.

16 May/June 2019

Webinar 4: Wetland Ecology for Planners: Examples of Variation Across the U.S.

Webinar 5: Dealing with Reality: How to Work with Wetlands in Altered Landscapes

Webinar 6: Dealing with Changing Weather Patterns in Wetland Restoration Planning

ASWM-NRCS Wetland Training Webinar SeriesThis nine webinar series has been designed to provide participants with a general level of knowledge about wetlands and wetland restoration options and considerations. Participants will come away from trainings with key knowledge, the ability to be more conversant about wetland issues, knowing what questions to ask when looking at restoration opportunities, and knowing when to contact or bring in an expert. This webinar series ties in with the Natural Resource Conservation Service’s (NRCS) nine-step planning process, focusing on Phase I collection and analysis steps: identify problems, determine objectives, inventory resources and analyze resource data.

Upcoming Webinars:

Webinar 7: Identifying Resource Concerns and Determining Landowner Objectives

Webinar 8: How to Talk about Wetlands with Landowners

Webinar 9: What are Wetland Restoration Choices? Matching Objectives to Programs and Getting Additional Help

To View Past Webinars in the ASWM-NRCS Series, click here.

Webinar 1: Introduction to Wetlands

Webinar 2: Wetlands in a Watershed at the Landscape Scale

Webinar 3: Wetlands Ecology for Planners: How Wetlands Function

Mary Manning, US Forest Service

Doug Norris, MN Dept. of Natural Resources

Karen Fullen, USDA NRCS

Kendra Moseley, USDA NRCS

Stacey Clark, USDA NRCS

Kendra Moseley, USDA NRCS

Stacey Clark, USDA NRCS

Andy Robertson, Saint Mary’s University of Minnesota

Doug Norris, MN Dept. of Natural Resources

Rich Weber, NRCS retired

Ray Norrgard, MN Dept. of Natural Resources

Mike McClure, MO Dept. of Conservation

Danielle Shannon, N. Institute of Applied Climate Science

Susan Galatowitsch, University of Minnesota

Ryan O’Connor, WI Dept. of Natural Resources

17 May/June 2019

Natural Floodplain Functions Alliance Webinars

Floodplains and Green Infrastructure as Tools for Hazard Mitigation: Barriers and Funding Opportunities

Held Tuesday, May 14, 2019

Presenters:

• Rowan Schmidt, Program Director, Earth Economics• Brad Gordon, Lapham Fellow at American Rivers

To view the recording, click here.

Recently Recorded NFFA Webinars:

Reducing Flood Risk and Restoring Ecosystems through Science and Planning

Held Tuesday, June 4, 2019

Presenters:

• Kris Johnson, PhD, Associate Director for Science & Planning, North America Agriculture Program, The Nature Conservancy

• Christine Shepard, PhD, Director of Science, Gulf of Mexico Program, The Nature Conservancy

• Lily Verdone, Director of Freshwater and Marine, The Nature Conservancy Kris Johnson, PhD Lily VerdoneChristine Shepard, PhD

Rowan Schmidt Brad Gordon

Recording available soon here.

Wetland Mapping Consortium WebinarsUpcoming Webinar:

Mapping Thirty Years of Wetland Surface Water Dynamics Using Landsat Satellite Imagery: Implications for Climate Change and Species Management

Thursday, June 20, 2019 - 3 pm ET

Presenters:• Meghan Halabisky, PhD, Conservation Science Partners • Amanda Kissel, PhD, Conservation Science Partners

Meghan Halabisky Amanda Kissel

For more information and to register, click here.

18 May/June 2019

Hot Topic Webinar

Recording available soon here.

Recently Recorded American Wetlands Month Webinar:

Can We Keep Up with Changing Estuaries? Moving from Science to Action in San Francisco Bay

J. Letitia Grenier, PhD.

Held May 29, 2019

Presenter:• J. Letitia Grenier, PhD, San Francisco Estuary Institute

Sponsored By:• National Oceanic and Atmospheric Administration• U.S. Fish and Wildlife Service• USDA Natural Resources Conservation Service• U.S. Environmental Protection Agency

ASWM-EPA Region 10 Tribal Wetland WebinarUpcoming Webinar

Balancing Tribal Economic Development, Sustainable Cultural Uses and Wetland/Aquatic Resource Protection and Restoration

Tuesday, June 25, 2019 3 pm ET

Presenters:• Tom Elliott, Yakama Nation • Allison Warner, The Tulalip Tribes • Kara D. Kuhlman, Lummi Nation

For more information and to register, click here.

Tom Elliott Allison Warner Kara D. Kuhlman

Word Scramble AnswersPuzzle on page 12.

Photo Credit: Lawrence Urban, Montana Department of Transportation

19 May/June 2019

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20 May/June 2019

If you have issues opening the links in this publication, we have provided the full URL links below, which can be copy/pasted into your browser.Page 2Footnote 4 https://www.ecos.org/cooperative-federalism/

Footnote 6 http://www.westgov.org/news/webinar-the-importance-of-state-authority-under-clean-water-act-section-401/

Page 3Footnote 8 https://www.acwa-us.org/documents/acwa-memo-on-waters-of-the-state-stringency/

Page 5ASWM Policy Documents Webpagehttps://www.aswm.org/wetlands-law/policy-documents

Page 7Executive Order 13868 “Promoting Energy Infrastructure and Economic Growth”https://www.federalregister.gov/documents/2019/04/15/2019-07656/promoting-energy-infrastructure-and-economic-growth

ASWM Comment Letterhttps://www.aswm.org/pdf_lib/aswm_letter_401_rulemaking_052019.pdf

Page 8EPA Memo to Increase the Agency’s Compliance with Clean Water Act Deadlineshttps://www.epa.gov/wqs-tech/memorandum-policy-epa-review-and-action-clean-water-act-program-submittals

OMB Spring 2019 Unified Agendahttps://www.aswm.org/pdf_lib/cwa_section_401_water_quality_certification_handbook_2010.pdf

Page 11New Hampshire DES New Ruleshttps://www.des.nh.gov/organization/commissioner/legal/rulemaking/index.htm#pwetlands

Wisconsin Wetlands Conferencehttps://conference.wisconsinwetlands.org/

Page 12 ASWM 2019 Annual State/Tribal/Federal Coordination Meeting Recordings https://www.aswm.org/aswm/aswm-webinarscalls/584-2019-past-aswm-s-hot-topics-webinar-series#state040319

Page 14ASWM Home Pagehttps://www.aswm.org

Complete Listing of ASWM Webinarshttps://www.aswm.org/aswm/aswm-webinarscalls

Sign up to receive information on upcoming ASWM Webinarshttps://madmimi.com/signups/4c72950c713e4656934b7f6058c47347/join

Page 15Compensatory Mitigation Webinar Serieshttps://www.aswm.org/webinars-trainings/9784-compensatory-mitigation-webinar-series/7435-training-webinar-series

Compensatory Mitigation Webinar Series Recordingshttps://www.aswm.org/webinars-trainings/9779-2018-past-compensatory-mitigation-webinar-serieshttps://www.aswm.org/webinars-trainings/9784-compensatory-mitigation-webinar-series/7435-training-webinar-series

Webinar Certificate of Participation informationhttps://www.aswm.org/aswm/aswm-webinarscalls/9887-about-certificates-of-participation.

Page 16ASWM-NRCS Webinar Serieshttps://www.aswm.org/aswm/aswm-webinarscalls/5951-aswm-nrcs-wetland-training-webinar-series

Page 17Recently Recorded June 4th NFFA Webinarhttps://www.aswm.org/watersheds/natural-floodplain-function-alliance/10137-2019-nffa-recorded-webinars#flood060419

Recently Recorded May 14th NFFA Webinarhttps://www.aswm.org/watersheds/natural-floodplain-function-alliance/10137-2019-nffa-recorded-webinars#floodplains051419

Upcoming Wetland Mapping Consortium Webinarhttps://www.aswm.org/wetland-science/wetlands-one-stop-mapping/3437-future-wetland-mapping-consortium#mapping062019

Page 18Recently Recorded May 29th Hot Topic Webinarhttps://www.aswm.org/aswm/aswm-webinarscalls/584-2019-past-aswm-s-hot-topics-webinar-series#estuaries052919

Upcoming ASWM-EPA Region 10 Webinarhttps://www.aswm.org/webinars-trainings/aswm-s-online-trainings/4840-epa-region-10-tribal-wetland-traing-webinars#tribal062519

Page 19Membership Monarchhttps://www.aswm.org/join-aswm

WBN Sponsorship Opportunitieshttps://www.aswm.org/wbn/wbn_sponsorship_opportunities.pdf

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