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The U.S. Army Corps of Engineers Wetland Delineation Manual (Corps Manual) provides technical guidance and procedures for identifying and delineating wetlands that may be subject to regulatory jurisdiction. Published in 1987,

the Corps Manual outlines a three-factor approach based on hydrophytic vegetation, wetland hydrology, and hydric soils (Environmental Labo-ratory 1987). The Corps Manual also provides guidance for addressing problematic wetland situations, including disturbed and altered areas. For more than 20 years, the Corps Manual has brought an important mea-sure of objectivity and consistency to the regulatory process, weathering numerous legal challenges and ensuring that wetland determinations are not arbitrary or capricious. However, it has also been subject to criticism based on: (1) the proliferation and persistence of problematic situations; (2) occasional, inconsistent, and controversial wetland determinations; and (3) failure to maintain scientific rigor in light of more than 20 years of additional progress in wetland science. The development of Regional Supplements (Supplements) to the Corps Manual addresses these issues by recognizing regional wetland characteristics, improving the accuracy and efficiency of wetland-delineation procedures, reflecting the current state of wetland science, and providing a vehicle for updating methods as new scientific information becomes available.

iNtroductioN

Regional differences in climate, geology, soils, hydrology, plant and animal communities, and other factors are important to the identification and functioning of wetlands. These differences can-not be considered adequately in a single national manual. The de-velopment of the Supplements follows recommendations from the National Academy of Sciences to increase the regional sensitivity of wetland-delineation methods (National Research Council 1995). The intent of the Supplements is to bring the Corps Manual up to date with current knowledge and practice in each region, but not to

change the way wetlands are defined or identified. The procedures given in the Corps Manual, in combination with wetland indicators and guidance provided in each Supplement, can be used to identify wetlands for a number of purposes, including resource inventories, management plans, and regulatory programs.

The Supplements are designed for use with the current version of the Corps Manual and all subsequent versions. Where differences in the two documents occur, the Supplements take precedence over the Corps Manual. The determination that a wetland is subject to regulatory ju-risdiction must be made independently of procedures described in the Supplements. In other words, the Supplements provide the technical basis for determining the presence and extent of wetlands within a given area. The regulation of those wetlands and application of jurisdictional author-ity are separate issues.

This article briefly summarizes the background of Corps wetland delineation manuals, the contents of the Supplements, procedures used to develop the Supplements, regional boundaries, and wetland indicators, and provides a status report on the Supplement process.

backgrouNd Prior to the environmental and conservation initiatives of the 1970s, fed-eral government policies promoted the drainage and destruction of wet-land ecosystems (Mitsch & Gosselink 2007). These activities supported U.S. agricultural expansion, development programs, pest-control initia-tives, and other goals. By the 1980s, these initiatives had resulted in the loss of 117 million acres of wetlands within the United States; approxi-mately half of the original wetland landscape within the nation (Dahl 1990). The 1977 Clean Water Act (CWA) amendments to the Federal Water Pollution Control Act associated amendments gave the U.S. Army Corps of Engineers (the Corps) and the U.S. Environmental Protection Agency (EPA) regulatory authority over waters of the United States and associated wetland ecosystems.

In 1987, the Corps published the first comprehensive Corps Man-ual, which described the three-factor approach for wetland identification and procedures for wetland delineation. Several attempts at revising, up-

Regionalizing the Wetland Delineation Manual: Process Overview and Status ReportThe U.S. Army Corps of Engineers has implemented Regional Supplements to the Wetland Delineation Manual to reflect the current state of wetland science and address regional variability in wetland types, indicators, occurrence, and problematic situations. By Jacob F. Berkowitz

The article represents the opinions of the author and not the official position of the U.S. Army Corps of Engineers.

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dating, and improving the Corps Manual have been undertaken since original publication. Beginning in 1988, an interagency group consisting of the Corps, EPA, the U.S. Department of Agriculture (USDA), and the U.S. Fish and Wildlife Service (FWS) worked to draft a revised wet-land delineation manual. The 1989 interagency manual was designed to provide a comprehensive, joint manual that all wetland regulatory agen-cies could apply (Federal Interagency Committee for Wetland Delinea-tion 1989). The jurisdictional scope of the 1989 interagency manual was criticized, and the interagency group proposed a set of revisions in 1991 (Federal Register 1991), which the public and the scientific community strongly criticized (Bedford et al. 1992). The 1989 interagency manual was subsequently withdrawn from use in the Corps regulatory program (Wakeley 2002).

As a result, the Corps Manual remained the primary CWA wetland-delineation tool throughout the nation. The persistent controversy associ-ated with wetland identification, delineation, and regulation led to the congressional mandate for EPA to request the National Academy of Sci-ences to undertake a study focusing on the wetland structural and func-tional components, regional variability, and the definition of wetlands. The resulting report validated the basic structure and scientific founda-tions of the delineation methods that were in use at the time, including the three-factor approach outlined in the Corps Manual. However, it also listed a number of recommendations for improvement, including a call

for improved sensitivity to regional differences in climate, hydrologic and geologic conditions, and other wetland characteristics (National Research Council 1995; Wakeley 2002). The Corps responded in 2003 with the project to develop the Regional Supplements.

dEvElopmENt of thE supplEmENts More than 275 individuals representing federal, state, and local agencies, academia, and the private sector were involved in the de-velopment and peer review of the Supplements. The Supplement development process was designed to be inclusive and maximize the use of local wetland experts, delineators, and Corps Manual users.

The development process for each Supplement included:

The formation of a regional working group of local wetland experts; Drafting of the Regional Supplement; A review of the draft Supplement by an interagency national advisory team (NAT) of national wetland experts from participating federal agencies;A review by an independent peer-review team consisting mainly of environmental consultants and private-sector wetland professionals in the region;Field testing of the draft Supplement;

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Table 1: Sections of the Corps Manual replaced by this Regional Supplement for applications in the Arid WestItem Replaced Portions of the Corps Manual (Environmental

Laboratory 1987)Replacement Guidance (this Supplement)

Hydrophytic Vegetation Indicators Paragraph 35, all subparts, and all references to specific indica-tors in Part IV

Chapter 2

Hydric Soil Indicators Paragraphs 44 and 45, all subparts, and all references to specific indicators in Part IV

Chapter 3

Wetland Hydrology Indicators Paragraph 49(b), all subparts, and all references to specific indicators in Part IV

Chapter 4

Growing Season Definition Glossary Chapter 4, Growing Season, Glossary

Hydrology Standard for Highly Disturbed or Problematic Wetland Situations

Paragraph 48, including Table 5 and the accompanying User Note in the online version of the Manual

Chapter 5, Wetlands That Periodically Lack Indicators of Wetland Hydrology, Procedure Item 3(g)

Table 2: Comparison of general landscape characteristics between the Arid West Region and the Western Mountains, Valleys, and Coast RegionClimate Generally hot and dry with a long summer dry season. Average annual

precipitation mostly less than 15 inches (380 millimeters (mm)), except along the cost. Most precipitation falls as rain.

Cooler and more humid, with a shorter dry season. Average annual precipi-tation mostly greater than 20 inches (500 mm). Except near the coast, much of the annual precipitation fall as snow, particularly at higher elevations.

Vegetation Little or no forest cover at the same elevation as the site and, if present, usually dominated by: pinyon pine, e.g., P. monophylia or P. eduis; junipers (Juniperus); cottonwoods, e.g., Populus fremontil; willows (Salix); or hardwoods, e.g., Quercus Plantanus. Landscape mostly dominated by grasses and shrubs, e.g., sagebrush (Artemisia), rabbitbrush (Chysothamnus), bitterbrush (Purshia), and creosote bush (Larrea). Halophytes, e.g., Allenrolfea, Salicornia, and Distichlis, present in saline areas.

Forests at comparable elevations in the local area dominated by conifers, e.g., spruce (Picea), fir (Abies), hemlock (Tauga), Douglas-fir (Pseudotsuga), coast redwood (Sequoia), or pine (Pinus), except pinyon or aspen (Populus tremulaides). In the Willamette Valley, Oregon ash (Fraxinus latfolia) and bigleaf maple (Acer macrophyllum) often dominate. Open areas generally dominated by grasses, sedges, shrubs, e.g., willows or alders (Alnus), or alpine tundra.

Soils Mostly dry, poorly developed, low in organic matter content, and high in carbonates. Soils sometimes highly alkaline. Surface salt crusts and efflorescences common in low areas.

Generally better developed higher in organic matter content and low in carbonates. Surface salt features are less common except in geothermal areas.

Hydrology Drainage basins often lacking outlets. Temporary ponds (often saline), salt lakes, and ephemeral streams predominate. Water tables often perched. Major streams and rivers flow through, but have headwaters outside the Arid West.

Streams and rivers often perennial. Open drainages with many natural freshwater lakes. Water tables often continuous with deeper groundwater. Region serves as the headwaters of the major streams and rivers of the western United States.

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Releasing the draft Supplement for public comment; Responding to technical comments from the public and independent peer-review team; Finalizing and publishing the interim Supplement;Corps districts in the region release public notices imple-menting the interim supplement for a one-year trial;Revising the interim Supplement and publishing version 2.0;Releasing public notices implementing version 2.0; andPeriodically updating and revising the Supplement based on new scientific information and public comments.

supplEmENt coNtENts

Each Supplement maintains the same formatting and organizational structure. This maintains consistency across regions and allows Sup-plement users to move between regions with ease. Each Supplement consists of five chapters and supporting materials including:

Chapter 1—Introduction (including purpose, applicable region, regional boundary, physical and biological character-istics, and regional wetland types)Chapter 2—Indicators of Hydrophytic VegetationChapter 3—Indicators of Hydric SoilsChapter 4—Indicators of Wetland HydrologyChapter 5—Guidance for Difficult Wetland Situations Within the RegionSupporting materials (including data form, glossary, references, and other appendices)

Only limited portions of the Corps Manual are replaced by new guidance in the Supplements. In particular, as each new Supplement is implemented, its list of wetland indicators supersedes those given in the Corps Manual. In an example from the Arid West Supplement, Table 1 identifies specific sections of the Corps Manual that are replaced within each Supplement. Other guidance and procedures given in the Supple-ments and not listed in Table 1 are intended to augment the Corps Man-ual, but not necessarily to replace it (U.S. Army Corps of Engineers 2008). The Corps has final authority over the use and interpretation of the Corps Manual and the Supplement applicable to the region of interest.

supplEmENt bouNdariEs Supplements cover the entire nation and are based on physiograph-ic, climatic, and ecological regions (Figure 1). The 10 Supplement regions are: (1) Alaska; (2) Western Mountains, Valleys, and Coast; (3) Arid West; (4) Great Plains; (5) Midwest; (6) Northcentral and Northeast; (7) Eastern Mountains and Piedmont; (8) Atlantic and Gulf Coastal Plain; (9) Hawaii and Pacific Islands; and (10) Ca-ribbean Islands. Regional boundaries are based on a combination of Land Resource Regions (LRRs) and Major Land Resource Areas (MLRAs) (USDA 2006). Additional ecosystem mapping and classi-fication systems considered during development of the Supplements included those developed by EPA (Omernik 1987), the U.S. For-est Service (Bailey 1995), and the World Wildlife Fund (Ricketts 1999). Various ecoregion schemes tend to be similar at the broadest scale, and most are hierarchical, allowing flexibility in designing re-

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gion boundaries by adding or subtracting smaller ecosystem units. The USDA system is based on natural vegetation, geography, soils, and climate, and allows for the exclusion of areas such as the Black Hills of South Dakota and Wyoming (MLRA 62) from the dissimi-lar surrounding areas of the Great Plains. Additionally, indicators of hydric soils used in the Supplements were already organized ac-cording to the USDA system of LRRs and MLRAs (USDA 2010). Ongoing development of the National Wetland Plant List will also follow Supplement boundaries (Lichvar & Kartesz 2009).

Along the borders of Supplement regions (Figure 1), the user must determine the appropriate Supplement for a given project area based on the kinds of ecosystems present. For example, Table 2 compares general environmental conditions between the Arid West region and the Western Mountains, Valleys, and Coasts region that may be used to help select the proper Supplement (U.S. Army Corps of Engineers 2008).

WEtlaNd iNdicators

Each Supplement contains the hydrophytic vegetation, hydric soils, and wetland hydrology indicators approved for use in the region. Appropri-ate indicators were selected based on guidance provided by local experts and members of the regional working group, the NAT, the National Technical Committee for Hydric Soils, the National Technical Com-mittee for Wetland Vegetation, and reviewers of each supplement. The brief discussion below outlines each wetland factor and introduces some changes associated with the Supplements.

Hydrophytic vegetation indicators include some of the same indica-tors outlined in the Corps Manual, e.g., Dominance Test and Morpho-logical Adaptations. Changes have been made to the definition of vegeta-tive strata and Morphological Adaptations in some regions. A concurrent project to update the National Wetland Plant List (Lichvar & Kartesz 2009) is reevaluating the indicator status of all plants on the list and, when complete, will remove the +/- modifiers of vegetative indicator status in all regions. The +/- modifiers only currently apply to the Great Plains Supplement. Additional hydrophytic vegetation indicators include the Prevalence Index (originally included in the 1989 interagency manual)

Figure 1: The 10 Supplement Regions

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and the Rapid Test for Hydrophytic Vegetation, which requires that all dominant species across all strata are rated obligate (OBL), facultative wetland (FACW), or a combination of these two categories, based on a visual assessment. The Rapid Test is intended as a quick confirmation in obvious cases that a site has hydrophytic vegetation, without the need for more intensive sampling. The Rapid Test will apply in all regions with future Supplements revisions.

Field Indicators of Hydric Soils in the United States, Version 7.0 (USDA 2010) provides the basis for all hydric soil indicators in the Supplements and describes the applicable region for each indicator based on LRRs and MLRAs. Compared with the Corps Manual, the Supplements expand the number of available soil indicators in all regions, except Alaska, al-though individual indicators tend to be more narrowly worded and less inclusive than the general indicators given in the Corps Manual. One sig-nificant change in the Supplements requires determining the “simplified soil texture” based on the presence of sandy, loamy/clayey, or organic soil materials. All soil descriptions should be based on the guidance provided in the “Field Indicators” document and Supplement users should refer to the latest available version.

Wetland hydrology indicators are presented in four groups. Indica-tors in Group A are based on the direct observation of surface water or groundwater during a site visit. Group B consists of evidence that the site is subject to flooding or ponding, although it may not be inundated currently. These indicators include watermarks, drift deposits, sediment deposits, and similar features. Group C consists of other evidence that the soil is saturated currently or was saturated recently, e.g., oxidized rhi-zospheres surrounding living roots in the soil profile. Group D consists of landscape, soil, and vegetation features that indicate contemporary wet conditions. Wetland hydrology indicators are intended as one-time obser-vations of site conditions that are sufficient evidence of wetland hydrology when used as part of a three-factor test. Within each group, indicators are divided into two categories—primary and secondary—based on their estimated reliability in this region. One primary indicator from any group is sufficient to conclude that wetland hydrology is present. In the absence of a primary indicator, two or more secondary indicators from any group are required to conclude that wetland hydrology is present. The indicators of wetland hydrology provided in the Supplements expand the number

of applicable indicators in all regions compared with those in the 1987 Corps Manual. A table providing comparisons of wetland indicators across regions can be found at http://el.erdc.usace.army.mil/wrap/pdf/Compare%20Wetland%20Indicators%20Regions%2010-4-2010.pdf.

supplEmENt status rEport

Today, Supplements either in interim or Version 2.0 have been imple-mented in all 10 regions. The current status of the Supplements is pro-vided below. More information concerning the development of the Sup-plements, responses to peer-review and public comments, and electronic copies of each Supplement can be found at the Corps Headquarter’s web-site: www.usace.army.mil/CECW/Pages/reg_supp.aspx.

Supplements are intended to improve the accuracy and efficiency of wetland determinations and reflect the current state of wetland science, not to increase or decrease Corps jurisdictional regulatory reach. Compar-isons of wetland boundaries between the 1987 Corps Manual and new Supplements across the country have shown that wetland boundaries re-main unchanged at the majority of sites. In most cases, field-testing teams reported that boundaries were more defensible under the Supplements.

The Corps applied inclusive and interdisciplinary approaches to the development of the Supplements with the goal of improving the scientific validity, accuracy, and defensibility of wetland determina-tions. Supplements provide a vehicle for capturing and implementing new technical advances into the regulation of wetlands and keeping re-source-management practices in step with the current state of wetland science, now and into the future.

Referencs

1989 Federal Manual for Identifying Jurisdictional Wetlands: Proposed Revisions, 56 Fed. Reg. 40446-80 (Aug. 14, 1991).

Bailey, Robert G., U.S. Department of Agriculture Forest Service, Miscel-laneous Publication No. 1391, Description of the Ecoregions of the United States (1995).

Bedford, Barbara L. et al., Evaluation of Proposed Revisions to the 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 73 Bull. Ecological Soc’y Am. 14-23 (1992).

Dahl, Tom E., U.S. Fish and Wildlife Service, Wetlands Losses in the United States 1780s to 1980s (1990), available at http://www.fws.gov/wetlands/_documents/gSandT/NationalReports/WetlandsLossesUS1780sto1980s.pdf.

Federal Interagency Committee for Wetland Delineation, Cooperative Technical Publication, Federal Manual for Identifying and Delineat-ing Jurisdictional Wetlands (1989).

Lichvar, R.W. & J.T. Kartesz, U.S. Army Corps of Engineers, Engineer Re-search and Development Center and the Biota of North America Pro-gram, North American Digital Flora: National Wetland Plant List, Version 2.1.0 (2009), at https://wetland_plants.usace.army.mil.

Mitch, William J. & James G. Gosselink, Wetlands (4th ed., John Wiley & Sons, Inc. 2007).

National Research Council, Wetlands: Characteristics and Boundaries (National Academy Press 1995).

Omernik, James M., Ecoregions of the Conterminous United States, 77 Annals Ass’n Am. Geographers 118-25 (Mar. 1987).

Ricketts, Taylor H. et al., Terrestrial Ecoregions of North America: A Conservation Assessment (Island Press 1999).

U.S. Army Corps of Engineers Environmental Laboratory, U.S. Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 (1987), available at http://el.erdc.usace.army.mil/wetlands/pdfs/wlman87.pdf.

U.S. Army Corps of Engineers Research and Development Center, Regional Sup-plement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, Version 2.0, ERDC/EL TR-08-28 (James S. Wakeley et al., eds. 2008).

U.S. Department of Agriculture, Natural Resources Conservation Service,

Actual or anticipated release dates for Regional Supplements

Region

Release Date

Interim Supplement Version 2.0

Alaska March 2006 October 2007

Arid West December 2006 November 2008

Great Plains April 2008 April 2010

Western Mountains, Valleys, and Coast

May 2008 June 2010

Midwest October 2008 September 2010

Atlantic and Gulf Coastal Plain December 2008 November 2010

Caribbean Islands October 2009 March 2011

Northcentral and Northeast February 2010 August 2011

Hawaii and Pacific Islands July 2010 March 2012

Eastern Mountains and Piedmont

September 2010 May 2012

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Field Indicators of Hydric Soils in the Unit-ed States, Version 7.0 (Leonore M. Vasilas et al., eds. 2010).

U.S. Department of Agriculture, Natural Re-sources Conservation Service, Land Re-source Regions and Major Land Resource Areas of the United States, the Caribbean, and the Pacific Basin, Agricultural Hand-book 296 (USDA 2006).

Wakeley, James S., Developing a “Regionalized” Version of the Corps of Engineers Wetlands Delineation Manual: Issues and Recommen-dations, ERDC/EL TR-02-20 (U.S. Army Engi-neer Research and Development Center 2002).

41. Rapanos, 126 S. Ct. 2208, 2248, 36 ELR 20116 (2006). Though Justice Kennedy’s words seem to imply that the value of wetlands can apparently accrue from non-wetlands, the guidance interprets “similarly situated lands” as a reference to the combination of tributaries and their adjacent wetlands. See the guidance’s definition of “signifi-cant nexus,” Joint Memo, supra note 5, at 7, and JD Form, supra note 5, §III.C. If the chemical, physical, or biological effects were to come from runoff from normally dry land nearby—and have nothing to do with the wetlands them-selves—this new concept of geographic regulation within the CWA would undoubtedly be challenged.42. 126 S. Ct. at 2249. 43. Id.44. Id. at 2248. 45. Instruction Guidebook, supra note 5, at 72. 46. The Corps has already indicated that all wetlands adja-cent to a tributary and used to support an affirmative JD for a specific tributary will also be jurisdictional under the CWA. Guidance Q&A, supra note 5, at 11 (Question 29).47. The Fourth Circuit covers the states of Maryland, North Carolina, South Carolina, Virginia, and West Virginia.48. Precon Development Corps. v. U.S. Army Corps of Engineers, No. 09-2239, slip op. at 25 (Jan. 25, 2011).49. Id. at 9.50. 658 F. Supp. 2d 752 ( E.D. Va. 2009).51. Precon, slip op. at 27.52. The Court stated that “we recognize that Justice Kennedy’s instruction—that “similarly situated lands in the region can be evaluated together—is a broad one, open for considerable interpretation and requiring some ecological expertise to administer.” Id. at 22.53. Id. at 25.54. Id. at 26.55. Id. at 27.56. Id. at 29.57. The court cited to the decisions of the U.S. Court of Appeals for the Sixth and Ninth Circuits as “good examples of the types of evidence—either quantitative or qualitative—that could suffice to establish ‘significance.’” Id. at 28-29 (Northern California River Watch v. City of Healdsburg, 496 F.3d 993 (9th Cir. 2007) (significant nexus test met after district court found “increased chloride levels in the relevant navigable water from 5.9 parts per million to 18 parts per million due to chlorine seepage from the wetlands in question into the navigable river.”) Precon, slip op. at 29; United States v. Cundiff, 555 F.3d 200 (6th Cir. 2009) (Sixth Circuit’s opinion rested on evidence that the wetlands’ “acid mine drainage storage capabilities and flood storage capabilities had ‘direct and significant’ impacts on the [Green River].”) Slip op. at 27.). 58. Precon, slip op. at 26.59. Id. at 28. The Court cited to Carabell v. Corps, 126 S. Ct. 2208 (2006) the companion case to Rapanos, noting

that the “geography of these wetlands at issue places them squarely in that category of wetlands over which jurisdic-tion is no longer assured.” [noting that the wetlands were “considerably more removed from traditionally navigable waters than the wetlands at issue in Carabell”) Id.60. The Corps’ guidance states that, “as the distance from the tributary to the navigable water increases, it will be-come increasingly important to document whether the tributary and its adjacent wetlands have a significant nexus rather than a speculative or insubstantial nexus with a traditionally navigable water.” Id. at 28.

Significant Nexus, from page 19

In the News

WEtlaNd EcosystEm authority, hgm pioNEEr diEs

One of wetland science’s greatest authorities on wetland ecosystems, Dr. Mark Brinson, who also pioneered a system of hydrogeo-morphic (HGM) classification of wetlands, unexpectedly died on January 3, 2011. He is survived by his wife of 40 years, his son and daughter-in-law, and one grandchild. Dr. Brinson retired as a Distinguished Research Professor at East Carolina University, and had received numerous accolades and honors over the course of a remarkable career. An obitu-ary written by his friend and colleague, Bob Christian, is available on the East Carolina University website, at www.ecu.edu.

oil spill paNEl issuEs rEport

President Barack Obama’s National Com-mission on the BP Deepwater Horizon Oil Spill and Offshore Drilling issued its findings and recommendations on the BP Deepwater Horizon oil spill in the Gulf of Mexico. In addition to the panel’s numerous recommendations for improving oversight and risk management, it also outlined several ways to improve environmental protection in relation to offshore drilling, including an increased role for interagency coordination between the National Oceanic and Atmo-spheric Administration (NOAA), the U.S. Fish and Wildlife Service, and the U.S. Environmental Protection Agency (EPA). The panel suggested that the U.S. Congress amend the Outer Continental Shelf Lands Act to provide NOAA with a formal consult-ing role in drill leasing stages, where NOAA issues recommendations concerning ecologi-cally sensitive areas and the U.S. Department of the Interior (DOI) incorporates them or, if the DOI chooses to reject the recommen-dations, publishes its rationale for doing so.

It also recommended that the U.S. Depart-ment of Energy, NOAA, the U.S. Geological Survey, and other agencies create a joint re-search program to provide a comprehensive scientific basis for oil and gas leasing. The panel also called for the DOI to improve its oil spill risk analysis and planning process by creating a new review process to ensure “that all critical information and spill scenarios are included,” that a new entity will “verify op-erator capability to perform according to the plans,” and that oil spill response plans be subject to interagency review and approval. The panel also called on EPA and the U.S. Coast Guard to establish distinct procedures for responding to a “Spill of National Sig-nificance,” which would entail augmenting the National Response Team and Regional Response Team structures to provide inter-agency scientific and policymaking expertise during a spill, create a communications pro-tocol, and strengthen the role for state and local government involvement in planning and response. The panel called on EPA to “update and periodically review its disper-sant testing protocols for product listing or pre-approval, and modify the pre-approval process to include temporal duration, spa-tial reach, and volume of the spill.” Further-more, the panel recommended that offshore barrier berms no longer be authorized as an oil spill response measure due to their ineffectiveness. Read the entire report at www.oilspillcommission.gov/final-report.

NWf rElEasEs climatE-smart coNsErvatioN dEcisioN rEport

The National Wildlife Federation released a new report in January 2011, Scanning the Conservation Horizon: A Guide to Climate Change Vulnerability Asssessment, to help nat-ural resource managers and conservationists understand the impacts of climate changes and how to safeguard natural resources. The report is a peer-reviewed product of leading scientists from government, nonprofits, and academia. It includes: an overview of the gen-eral principles of climate change vulnerability in relation to species, habitats, and ecosys-tems; descriptions for the scientific methods available for assessing vulnerability; and ex-amples of vulnerability assessments carried out by a variety of stakeholders. The report is available at www.nwf.org/vulnerabilityguide.

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