NEW EMPLOYEEORIENTATION

Soil and Water Conservation History

Objective:

Provide an understanding of today’s programs and agencies by understanding the intent of their creation and evolution.

“Take care of the land and the land will take care of you.”

- Hugh Hammond Bennett

Dust Bowl – primarily from 1930 – 1936. Caused by intensively farmed land, combined with a prolonged period of drought.

Coinciding with the Great Depression, the Dust Bowl has devastating effects.

Greatest impact to soil was in the mid-west, but the deposition reached the Atlantic Ocean.

Civilian Conservation Corps

Established in 1932 Created under the Emergency Conservation

Work Act of FDR’s New Deal. Aimed to create jobs and combat the

destruction of natural resources. Active in all States. In the late 1930’s unemployment declined and

so did enrollment in the CCC. By 1942 the economy improve to the point

that it was recommended that the Corps be abolished.

Soil Erosion Service Created in 1933 to address soil conservation

concerns. Housed in the US Department of Interior and

transferred to Department of Agriculture in 1935.

Hugh Hammond Bennett was appointed the Director.

The SES received funding to demonstrate soil conservation methods in select areas. Trained soil scientists worked directly with farmers Provided equipment, labor and technical assistance

Soil Erosion ServiceBy December of 1934, the SES had already achieved enough success that the US Secretary of Agriculture requested the

SES be transferred to the Department of Agriculture.

Soil Conservation Service In 1935, the success of the Soil Erosion

Service work in demonstration areas highlighted the need to transfer this work to all agricultural lands.

Soil Conservation Act of 1935 establish the Soil Conservation Service as a permanent agency under the Department of Agriculture.

Bennett was the Director

“A Standard State Soil Conservation Districts Law”

In February of 1937, after a year of technical and legal work, President Roosevelt signed what was to be called “A Standard State Soil Conservation Districts Law”.

This template for establishing local Soil Conservation Districts was sent to all State Governors with an encouragement to adopt.

In August 1937, the first Soil Conservation District (Brown Creek) was established in Anston County, NC.

New York State Soil Conservation Districts Law

On April 23, 1940 New York State passed Soil Conservation District Law, which established the State Soil Conservation Committee and enabled counties to establish local Conservation Districts

On July 31, 1940, the first Soil Conservation District was established in Schoharie County.

State Committee Created as an Agency of the State to be led

by five voting members representing: NYS Grange NY Farm Bureau Federation NY Association of Conservation Districts At-large for Farm Interests At-large for Urban, Suburban and Rural Non-Farm

Landowner Interests. Also served by 9 Advisory Members Housed within Cornell University

Transferred to Department of Agriculture and Markets in 1981

State Committee The role of the State Committee is to

establish policies to guide local Conservation District programs and assist Conservation Districts in organizing, developing and implementing these programs.

Members are voluntary. Appointed by the Governor for five year terms.

In 1981, the State Committee was transferred to the Department of Agriculture and Markets.

Soil Conservation Districts NY Soil Conservation Law gave

authority to all County governments within New York to establish a local Soil Conservation District and appoint directors to administer it.

The Soil Conservation Act of 1935 required the landowner consent to work on private lands. Local Soil Conservation Districts provided the in-road to this consent.

Soil Conservation Districts Local Soil Conservation Districts entered into a

memorandum of understanding with the Secretary of Agriculture for the SCS to provide technical assistance to the District and landowners.

The locally-led model of Conservation Districts helped to dispel the myth of big government taking over farms. District staff would sign farmers up through a cooperative agreement and the SCS would provide technical assistance and funding; the District would provide equipment.

National Association of Conservation Districts

By the end of 1940’s, New York had 38 Conservation Districts.

By 1946, there were over 1600 Soil Conservation Districts nationally.

Sixteen Conservation Districts met in Chicago and formed the National Conservation District Association on July 25, 1946. Purpose was to deliver a unified message to

policy makers and better coordinate District activities.

Conservation Districts Today With the addition of the New York City

Conservation District in 1990 , all counties of the State are now covered by a Conservation District.

Nationally, there are nearly 3000 Conservation Districts, including those in all 50 States, Puerto Rico, and the US Virgin Islands.

On Feb. 7, 1967, the National Association of State Conservation Agencies was formed.

The Addition of Water

The Addition of WaterIn April 1964, the term “and water” was added to Conservation District law, changing the title of the law, and Conservation Districts to “Soil and Water Conservation Districts”.

Early Water Laws Early laws addressing water pollution focused

on navigation rather than water quality

In 1890 the Rivers and Harbors Act was enacted and then amended in 1899 by the Rivers and Harbors Appropriation Act (aka Refuse Act). Prohibited dumping refuse in navigable waters. Regulated construction of wharfs, piers, bulkheads,

etc. in ports, rivers and canals.

Still in effect today and is administered by the Army Corps of Engineers. This reflects the navigation concerns of the legislation.

Federal Water Pollution Control Act

On June 30, 1948 President Truman signed the Federal Water Pollution Control Act. Only pertained to interstate waters Gave individual States most of the responsibility

for controlling water pollution. Established federal technical services and grants

to State and interstate governments.

The federal government could only take action if health or human welfare were threatened and only with the consent of the polluting State.

Federal Water Pollution Control Act

The FWPCA was ineffective and pollution continued to increase. Federal government could not require any

direct reduction in pollution. The Act was never enforced.

Congress amended the act six times before completely rewriting it in 1972. Became the Clean Water Act.

CWA 101Enacted on June 30, 1972, the Clean Water Act made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained

CWA 101 Pertains only to “Waters of the United

States” All interstate waters Intrastate waters used in interstate and/or

foreign commerce Tributaries of the above Territorial seas at the cyclical high tide mark Wetlands adjacent to all of the above

The CWA does not directly address groundwater resources.

Key Elements of CWA Establishes Water Quality Standards. Determines if these Standards are being met.

If they are met: anti-degradation policies and programs protect them.

If not, strategies are developed to remediate. This may involve development of a TMDL

The CWA includes strategies for meeting Water Quality Standards. These include regulatory, voluntary and funding

programs.

Regulatory Programs Section 402: NPDES Permits Section 404 – Wetlands Section 401 – Certification

Voluntary Section 319 – Nonpoint Source Program

Funding State Revolving Fund Section 319 – Nonpoint Source Program Section 106 – Water Pollution Control Program

CWA Strategies

CWA Section 402: NPDESNPDES: National Pollutant Discharge Elimination

System The CWA makes it illegal to discharge

pollutants from a point source into waters of the US.

Point sources must obtain a discharge permit for the proper authority – usually the State NY has a SPDES Permit Program to meet the

requirements of the NPDES program. Individual Permits General Permits

Section 404: Wetlands Although Section 404 primarily addresses the

filling of wetlands, it actually addresses all “Waters of the US”.

Overlap with the Rivers and Harbor Act Section 10. Both are administered by the Army Corps of Engineers.

NY Environmental Conservation Law may also overlap in addressing wetlands. ECL Article 24 addresses all wetlands greater than 12.4 ac. or small wetlands of local importance. Wetland permits are a joint application

Section 401 Requires a federal agency (EPA or ACOE)

to obtain from the state in which a proposed project is located, a certification that the discharge is consistent with the CWA.

This is intended to protect other downstream States.

Most applicable to Section 404 permits in navigable waters.

Section 319 Nonpoint Source Pollution (NPS)

The CWA does not provide definition for NPS. It is defined by exclusion: any pollution not from a point source.

Section 319 was added to the CWA in 1987 .

Earlier reports from States indicated that 40% of the impaired waters were from nonpoint sources, while only 10% were from point sources.

Funding The CWA makes provisions for the federal

government to provide funding to States for compliance efforts. State Revolving Fund (SRF) – municipal

wastewater treatment (WWT) upgrades Section 319 – grant funding for States to

administer NPS programs. Section 106 – grant funding for States to

administer programs for the prevention, reduction, and elimination of pollution. Section 104 also offers funding for specific water

pollution control projects.

SWCD Involvement in CWA In 1989 NYS SWCL was amended to add

Nonpoint Source Pollution as a responsibility of local Soil and Water Conservation Districts. This amendment also authorized Nonpoint Source

Pollution Control cost-sharing. Providing information for updates of the Priority

Waterbodies List Assistance with SPDES permits (e.g. CAFO,

Stormwater) Local legislation designates most Conservation

Districts as the lead agency for NPS pollution.

Soil and Water Resource Conservation Act

Enacted in 1977, it charged the USDA Soil Conservation Service with compiling a National Resource Inventory (NRI).

The NRI recorded conditions of soil, water, land and related resources on private lands.

Completed in 1982, the National Resource Conservation Report brought conservation into consideration for farmland laws and programs.

As a direct result, the 1985 Food Security Act (a.k.a. Farm Bill) established the :

Conservation Reserve Program Wetland Reserve Program Farmland Protection Program

Sodbuster & Swampbuster The report of the NRI showed that the

existing commodity payment programs were failing.

Sodbuster provisions required that any land farmed between 1981 and 1985 that was classified as “Highly Erodible Land (HEL)” do so in accordance with a Conservation Plan.

Swampbuster provisions make farm participants ineligible for many USDA program benefits if wetlands were converted for production after 1985.

Coastal Zone Management Act

Enacted on October 27, 1972 Voluntary Program Encourages States with coastal resources

(including Great Lakes) to develop management plans to “preserve, protect, develop and where possible, restore or enhance valuable natural coastal resources”

Provides matching funds to States for implementing the plans.

Coastal Zone Act Reauthorization Amendment

Pertains to the 1990 amendment of the Coastal Zone Management Act.

Added Non-point Source Pollution to the Act.

Requires States with Coastal Zone Management Plans to develop and implement NPS programs as part of their plans.

This portion of the Act is administered jointly between EPA and the National Oceanic and Atmospheric Agency (NOAA).

National Environmental Policy Act (NEPA)

Signed into law on January 1, 1970 Requires all federal agencies to incorporate

environmental considerations into their planning and decision-making processes. Three levels: Categorical Exclusion – determined to have no significant

environmental impact Environmental Assessment – written assessment to

determine if their will be significant environmental impact Environmental Impact Statement – more detailed

evaluation of the proposed actions and alternatives; open for public comment

Endangered Species Act By 1900, over

harvesting of bison and the passenger pigeon, introduced the concept of extinction.

Depletion of other species, such as the Whooping Crane and the Bald Eagle, spurred legislation for protecting wildlife

Endangered Species Act In 1966, the Endangered Species

Preservation Act was passed. This charged the Secretary of the Interior with

the task of developing a list of domestic endangered species and authorized the US Fish and Wildlife Service to spend $15 Million per year to buy habitat for endangered species.

The first list consisted of 78 Species 76% were impacted by habitat loss 38% were impacted by introduced species

In 1973, President Nixon declared the Act inadequate.

Endangered Species Act On December 28, 1973 a completely

revised Endangered Species Act was passed. The stated purpose of the Act was changed to

protect species and "the ecosystems upon which they depend.“

Administered by the US Fish & Wildlife Service and (and NOAA for marine species)

NYS Soil and Water Conservation District Law includes preservation of wildlife as part of its policy

Conservation in

New York State

Department of Environmental Conservation (DEC)

In 1895, New York established the Fisheries, Game and Forest Commission to address issues related to fish and game regulations, hunting seasons and poaching. In 1911, this became the Conservation Commission.

On April 22, 1970 legislation passed creating the Department of Environmental Conservation which took over the responsibility of the Conservation Commission as well as responsibility for overseeing all environmental concerns.

Industrial Air Pollution Solid Waste Disposal Hazardous Waste

1978 - Love Canal GE discharging PCBs into

Hudson River State Pollutant Discharge Elimination

System created for wastewater discharges

Early Issues for DEC

DEC 1972 –Environmental Quality Bond Act State Environmental Quality Review Act

passed (SEQRA) Mine Land Reclamation Law established,

requiring all mined land be restored after mining operations cease.

Forest Tax Law established providing tax breaks to landowners who actively manage wood lots.

Freshwater Wetlands Act passed.

DEC – 1980’s In 1986, 2nd Environmental Quality Bond

Act is passed providing 1.2 billion to remediate hazardous waste sites and $250 million for land acquisition.

Omnibus Oil, Gas and Solution Mining Law.

Solid Waste Management Act established.

DEC 1990’s Emphasis begins to shift to pollution

prevention. Signs agreement with NYC to protect the

drinking water supply of city residents. Receives a 2.7 million grant to coordinate

remedial activities for Onondaga Lake. In 1993 the Environmental Protection Fund

was established. In 1996, the Clean Water/Clean Air Bond Act

was approved for $1.75 billion.

Department of Health (DOH) Established in 1901

Oversees the delivery of drinking water, including public water supplies

Assures water sources are adequately protected.

Reviews and approves sub-division plans Sets standards for individual wells and septic

systems.

Source Water Assessment Program (SWAP)

Meets requirements for the Safe Drinking Water Act.

Source Water Assessment seeks to: Determine where drinking water comes from Inventory potential sources of contamination Assess the likelihood of contamination

Long Island has a separate SWAP to address their sole source aquifer and the 500+ public water supply system that rely on these wells.

Department of State (DOS) Established in 1778, it is the oldest

agency in New York’s administration. Improving quality of life for residents Includes many committees and councils

Relevant areas of oversight: SEQRA Committee on Open Government Smart Growth Division of Coastal Resources

Coastal Resources Program

“…work with communities throughout New York State to make the most of what their waterfronts have to offer”

Meets the requirements of the federal Coastal Zone Act Reauthorization Amendments

Covers waterfront revitalization projects and watershed planning projects. Flooding and erosion Water quality Habitat improvement projects, including corridors Significant coastal fish and wildlife habitats

Department of Agriculture and Markets

Established in 1884. Mission: Foster a competitive food and agriculture

industry that benefits producers and consumers alike. Oversight includes:

Agriculture and Markets Law Agricultural Districts Farmland Protection Agricultural Assessments Division of Soil and Water Ag. NPS Abatement and

Control Grants Agricultural Environmental Management Program

Ecosystem Based Management In 2006, the Oceans and Great Lakes

Ecosystem Conservation Act established ecosystem-based management (EBM) as the framework to better manage human activities that affect New York’s coastal ecosystems.

The goal of the EBM program is to coordinate the activities of nine State agencies that have jurisdiction over land use.

EBM is a watershed approach that factors in humans and their reliance on natural resources.

EBM In 2009, a detailed report to the Governor

was submitted, outlining the priorities for EBM.

Pilot Projects:Sandy Creeks Watershed,

Jefferson CountyGreat South Bay, Long IslandMohawk River WatershedUpper Susquehanna

Watershed

Local Conservation

Initiatives

Home Rule New York State is considered a “Home

Rule” State. Home Rule is the right to local self-

government including the powers to regulate for the protection of the public health, safety, morals, and welfare; to license; to tax; and to incur debt.

Involves the authority of a local government to prevent state government intervention with its operations. Local laws and ordinances

County Water Quality Coordinating Committees

(WQCC) Statewide initiative that began in 1990. Set local priorities to protect local water

resources. Originally, WQCCs received funding from

the State to develop local Water Quality Strategies. In recent years funding has become more

sporadic.

Watershed Coalitions Conservation Districts have been the

catalyst for forming watershed-based groups to address regional issues. FL-LOWPA USC CWICNY LHCCD MRCCD

SWCC Today The State Soil and Water Conservation

Committee remains housed in the Department of Agriculture and Markets, within the Division of Soil and Water.

Some of their functions include: Administer the Agricultural NPS Grants Administer AEM Base Program Provide review and oversight for AEM Planner

certification Administer annual District Reimbursement

NRCS in New York NRCS continues to set both the Standards

and Specifications for conservation Best Management Practices (BMPs).

Administer Farm Bill Conservation Programs: Environmental Quality Incentives Program

(EQIP) Agricultural Management Assistance (AMA) Conservation Stewardship Program (CSP) Farm and Ranch Land Protection Program

(FRPP) Wildlife Habitat Incentive Program (WHIP) Wetlands Reserve Program (WRP)

NYS Conservation District Employees’ Association (NYSCDEA) Formed in 1975. Incorporated in 1983. Became a 501(c)(6) not-for-profit organization

in 1989. Became an advisory member to the State Soil

and Water Conservation Committee in 1996. Host the annual Water Quality Symposium and

Conservation Skills Workshop Established the Frank Bratt Memorial

Scholarship which offers incentive to District employees and family members for natural resource education.

Designs and sets up a display for Conservation Districts at the State Fair

Sponsors annual Administrative Conference

Hosts the NYS Envirothon. Developed Ronny Raindrop®

to help teach water qualityeducation.

NYSCDEA

New York Association of Conservation Districts (NYACD)

Formed in 1947. Incorporated in 1958. Not-for-Profit organization. Represent New York Conservation

Districts at the state and federal level regarding impacts to natural resource conservation.

Network on Conservation Districts’ behalf. Propose legislative changes when necessary. Keep Districts and their Directors informed on

important issues affecting Conservation Districts.

NYACD

4-Way Partnership Memorandum of Understanding among:

NRCS NYACD SWCC NYSCDEA

Clarify roles and responsibilities of each member. Support Cooperative Working Agreements

between NRCS and individual Districts. Recognize the Guide for AEM in NY for assessing,

planning, implementing and evaluating environmental management on farms.

Hold at least one joint meeting per year. Recognize NRCS Standards and Specifications as

the standard for conservation practices in New York.

What Makes it Work?Soil and Water Conservation

Districts ! Serve as the bridge for getting Federal and

State Programs on the ground. Allow for Federal and State funds to be used

for conservation practices on private lands. Provide technical assistance that is:

Cost effective Efficient Targeted at the local landowner.

Questions ???