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I. ATTITUDE ADJUSTMENT. One of the most important steps toward conserving our wetlands is for individuals to adjust their attitudes toward America's WETLAND's place in society.
Wetlands conservation must become a local, state, and national priority. The values are so high (as discussed in another section) that traditional approaches to benefit/cost analyses must be abandoned, since it is normally impossible to firmly apply a value to wetlands as accurately as we can for highways, buildings and barrels of oil. Instead, benefits of conservation must be assumed to be equal to or greater than conservation costs, particularly if we are going to justify saving the wetlands.
Congress must mandate this highest of priorities and insure that all federal agencies treat it accordingly.
LET YOUR CONGRESSIONAL DELEGATION KNOW THAT YOU CARE! DEMAND THAT THEY CARE!
II. AGENCIES AND PROGRAMS RELATING TO WETLANDS ISSUES. In order to help the wetlands, one must know what agencies are involved in their management and regulation and what major programs exist. The following is from Wiygul and Clipp (1995).
The U. S. Army Corps of Engineers (Federal). One of the major responsibilities of the Corps is to regulate wetlands and navigable waterways. They dredge, they build, they reroute, and they control others who fill or dredge. They co-administer the Clean Water Act’s Section 404 with EPA.
The Environmental Protection Agency (EPA) (Federal). EPA has many regulations that relate to water quality, and they co-administer the Clean Water Act’s Section 404 with the Corps (they can veto Corps actions). Their lead office that relates to Louisiana is Region IV based in Dallas.
Assorted Federal Agencies. The following Federal agencies interact in a number of regulatory ways regarding wetlands protection and management: Fish and Wildlife Service, Department of Agriculture, National Marine Fisheries Service, and Natural Resources Conservation Service (formerly known as the Soil Conservation Service). They are all involved in CWPPRA (see below).
Louisiana Department of Environmental Quality (LDEQ), Office of Water Quality. Regulates the discharge of pollutants into waterways.
Louisiana Department of Natural Resources (LDNR), Coastal Zone Management Division. This division is concerned with permits for the coastal zone and other wetlands programs.
Louisiana Department of Natural Resources, Coastal Restoration Division. Is involved in all programs that relate to restoring wetlands, and represents the state in the CWPPRA process.
Louisiana Governor’s Office of Coastal Activities. Monitors and coordinates agency activities in wetlands projects.
Coastal Protection and Restoration Authortiy (CPRA). This is the place where state agency coordination takes place.
Parish Coastal Zone Management Programs. Each coastal parish has such a program which is responsible for developing, implementing, and monitoring the parish’s coastal zone program.
Additional authorities. Virtually any agency in any and all levels of government that own or use wetlands either have and enforce or follow regulations. These include the national and state forestry and parks programs, state wildlife & fisheries, port authorities, city sewerage and water departments, and the like.
The following programs are very important in wetlands protection in Louisiana:
Barataria-Terrebonne National Estuary Program (BTNEP). As part of the EPA’s national estuary program, BTNEP has developed a comprehensive plan for the management of the Barataria and Terrebonne estuaries and is now working on an implementation program. This is one of the largest, most inclusive programs of its kind for Louisiana.
Coast 2050. This multi-agency program has developed a vision of how Louisiana’s coastal zone will appear in the year 2050. There are two groups who developed the program: the federal Louisiana Coastal Wetlands Conservation and Restoration Task Force (composed of most federal agencies and the Governor’s Office of Coastal Activities) and the Louisiana State Wetlands Conservation and Restoration Authority (composed of state agencies). Coast 2050 is to be accomplished through the Water Resources Development Act at a projected price of $14 billion!
Louisiana Wetlands Conservation and Restoration Trust Fund. Created by the state legislature in 1989 and funded by oil and gas severance taxes, this trust fund is the source of revenue for coastal restoration projects. It can be used in conjunction with CWPPRA monies. LDNR administers this fund.
Coastal Wetlands Planning, Protection, and Restoration Act of 1990 (CWPPRA). This is also known as the Breaux-Johnston Bill, or simply the Breaux Bill as a tribute to its sponsorship by Senator John Breaux. It brings in about $40 million per year from taxes on lawn mower gas. The money can be used for planning or restoration projects (such as barrier island projects, Christmas tree sedimentation structures, a wide variety of simple or complex restoration programs, etc.). The funds can be used by any government entity, but each program must be co-sponsored by a federal agency. A panel representing a number of agencies and non-government organizations (NGOs) generate and receive ideas for projects, consider them on their merits and the needs within each of CWPPRA’s nine coastal basins. To learn how to participate in the CWPPRA process, consult Wiygul and Clipp (1995: 44) or contact the Coalition to Restore Coastal Louisiana.
WE DIDN’T GET WHERE WE ARE ALONE, SO WE NEED LOCAL, REGIONAL, STATE, AND FEDERAL HELP SOLVING THE PROBLEM!
III. LEGISLATION. There is a crying need for legislation that truly contributes to the conservation of our wetlands. In order to have a system that works, legislation must protect wetlands while giving the people who own the wetlands the opportunity to realize a return on their investment.
Policies and regulations that impact wetlands should reflect the new, high priority.
Non-water-dependent activities (activities that do not require being in or around water - industrial sites, housing, roads, etc.) in vegetated wetlands and on barrier islands should be prohibited.
Water-dependent activities (those activities that must be around water - e.g., boat launches, oil and gas exploration, etc.) should be closely scrutinized; mitigation must be required to replace all vegetated wetlands harmed by human activities.
We should strive for no-net-loss of these marshes due to human activities.
MAKE SURE YOUR LEGISLATORS KNOW THAT YOU THINK THESE ARE IMPORTANT!
IV. FEDERAL REGULATIONS RELATING TO WETLANDS.
For a detailed discussion of regulations and regulating agencies for the coastal zone, see "Coast Watcher's Guide: How to Preserve and Protect Louisiana's Wetlands and Coastal Zone" (Clipp, 1995).
The following is a list of some of the major federal wetlands regulations:
A. Farm Bill of 1990. Established the Wetlands Reserve Program that allows for up to one million acres that are presently in the Conservation Reserve Program to be placed in paid 30 year or permanent easements. These areas must be easily restorable to wetlands.
B. Emergency Wetlands Resources Act of 1986. Promotes cooperation among federal, state, and private resources to work toward wetlands conservation.
C. Clean Water Act of 1977. Protects the waters of the United States, defined as those involved in interstate commerce and/or flowing into them, from pollution. Requires a National Pollution Discharge Elimination (NPDES) Permit.
D. Section 404, Clean Water Act. Regulates the dredging and filling of wetlands. This has been one of the most powerful tools used by environmentalists in conserving wetlands. Provides for wetlands jurisdiction being shared by the Corps and EPA. The so-called Tulloch Rule held that 404 permitting requests covered ditching and dredging in wetlands. The rule was successfully challenged in 1998 as an unwarranted expansion of 404. The courts held that ditching and dredging of wetlands do not equal the depositing of dredged or fill materials.
E. River and Harbors Act of 1899. Regulates construction (structures), dredging, and filling in navigable waterways.
F. Regulations pertaining to National Wildlife Refuges and the National Park Service.
G. Swampbuster. Swampbuster is a provision of the Food Security Act of 1985. It prevents farmers who convert wetlands to croplands from having access to any USDA farm programs. This applies not just to those crops produced on converted wetlands, but to all commodity crops produced by the farmer on any land he/she owns and/or operates. There are two exemptions: 1) it does not apply to wetlands created by irrigation and 2) wetlands may be farmed during officially declared drought years if the farmer takes no steps to improve drainage.
H. Coastal Zone Management Act of 1972. Provides that states may establish and implement plans for coastal management. In Louisiana, permitting is shared between the Department of Natural Resources and parishes with approved coastal management plans.
I. Endangered Species Act of 1973. Protects listed species, their activities, and their habitats. This is applied in both the private and public sectors.
J. Various court decisions. The best example is that of Save Ourselves, Inc. v. Louisiana Environmental Control Commission (1983). The Louisiana Supreme Court held that agencies are required by the state constitution to consider and require the reduction of adverse environmental consequences when reviewing permit applications. The agencies can require alternate activities and/or mitigation.
K. National Environmental Policy Act of 1975 (NEPA). "Requires that any major federal action that significantly affects the quality of the human environment be reviewed to determine the potential environmental impacts. To complete this review, the federal agency must usually develop an Environmental Impact Assessment (EIA). If sufficient evidence is found to warrant a further look, and Environmental Impact Study (EIS) is required (the resulting document is called an Environmental Impact Statement, also abbreviated as EIS). Major federal projects can include private activities in which the government does not act directly but which require a federal permit, such as permits for large-scale dredge and fill activities issued by the Corps. EISs written under NEPA only identify problems; they don't require that the problems be solved." (Clipp, 1995)
One of the most powerful movements of the 1990s was President Bush's (that is Bush I) discussion of "no-net-loss." This topic was hotly debated and many people questioned whether it focused on no-net-acres-lost or no-net-wetland-functions-lost. President Clinton said that he wanted to protect wetlands, but he didn’t do much. President Bush II does very little.
V. NON-GOVERNMENT ORGANIZATIONS (NGOs) INVOLVED IN WETLANDS PROTECTION.
"Citizen action is about changing the definition of what is possible."
Mark Davis, Coalition to Restore Coastal Louisiana
Across Louisiana, there are many NGOs that are involved in wetlands issues. These include church groups, nature centers, exhibits at the aquarium and zoo, hunting and fishing clubs, university green groups, and the like. The following are some of the biggest players.
America’s Wetland: Campaign to Save Coastal Louisiana. The America's WETLAND campaign is the largest, most comprehensive public education campaign in the States history. It was launched to raise public awareness of the impact of Louisiana's wetland loss on the state, nation and world. The initiative is supported by a growing coalition of world, national and state conservation and environmental organizations and has drawn private support from businesses that see wetlands protection as a key to economic growth.
Coalition to Restore Coastal Louisiana (CRCL). Founded in 1988, CRCL was initially composed of environmental organizations and their representatives. Its membership now includes individuals and a growing number from business, industry, government, and the like. Its sole purpose is to further the protection of coastal wetlands. It does so by monitoring legislation that will or may impact wetlands, educating people about wetlands issues, and working with other NGOs and governments to enhance wetlands protection. It is considered by most to be the clearinghouse for wetlands thinking and action in Louisiana. Noteworthy publications include Coastal Louisiana: Here Today, Gone Tomorrow (CRCL, 1989); Coast Watcher’s Guide: How to Preserve and Protect Louisiana’s Wetlands and Coastal Zone (Clipp, 1995); and No Time to Lose. Facing the Future of Louisiana and the Crisis of Coastal Land Use (CRCL, 1999).
Lake Pontchartrain Basin Foundation (LPBF). Founded by the legislature and tied to the Greater New Orleans Expressway Commission (the “causeway”), and based in Metairie, the LPBF is charged with protecting and cleaning Lake Pontchartrain.
Barataria-Terrebone National Estuary Program (BTNEP). This program has become a very important player in the wetlands arena in Louisiana. They have many plans and strategies developed, and they are players in each and every wetlands event.
Save our Wetlands, Inc. This not-for-profit is usually at the more radical end of the discussion. They are quiet most of the time, and suddenly surface to file law suits, many of which have either begun an important movement or resulted in important protection for wetlands.
National Audubon Society (NAS) chapters in Louisiana. NAS has been very active in the debate of the regulatory approach to wetlands management. They own wetlands in Louisiana that have active oil and gas operations on them.
Sierra Club chapters in Louisiana. The Sierra Club has been active in litigation to protect Louisiana wetlands.
The Nature Conservancy of Louisiana. This organization has played a pivotal role in acquiring and protecting large tracts of wetlands in coastal Louisiana.
Restore America's Estuaries. Louisiana organizations working toward coastal restoration goals have been aided time and again by organization met through the activities of this association.
Assorted NGOs. There are many other fine groups who work on wetlands issues, making great contributions. They include the League of Women Voters, Women for a Better Louisiana, etc.
Loyola University Center for Environmental Communications (LUCEC). LUCEC has played a continuous and vital role in educating the public about Louisiana coastal issues.
Environmental Defense. This is a national environmental organization that has been extremely active helping Louisiana environmental groups (especially the Coalition to Restore Coastal Louisiana) with their strategy development.
Earth Justice Legal Defense Fund (now defunct in New Orleans, formerly the Sierra Club Legal Defense Fund). Though normally involved in protecting the rights of the poor, Earth Justice made an important contribution in publishing Citizens’ Guide to Louisiana Wetlands (Wiygul and Clipp, 1995).
National Wetlands Coalition (inactive since the 1990s). This was a very powerful national organization started by large landowners, oil companies, and some local government groups to develop and lobby national legislation that would counter what they believe to be wetlands regulations that stifle their priorities and ability to do business. It was founded by the Louisiana Land and Exploration Company (now Burlington Resources), then based in New Orleans.
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