NB_180_22_2 - NB 180-22-2 CPA - Announcing Implementation of the National Wetland Adverse Determination Cadre (NWAD Cadre)
NB 180-22-2 CPA - Announcing Implementation of the National Wetland Adverse Determination Cadre (NWAD Cadre)
National Bulletin: 180-22-2    Date: November 23. 2021  
Subject:  CPA - Announcing Implementation of the National Wetland Adverse Determination Cadre (NWAD Cadre)  


 
Purpose. To announce the implementation of the NWAD Cadre beginning January 1, 2022.     
 
Expiration Date.  September 30, 2022   
 
Background.  National Bulletin 180-20-5, dated April 14, 2020, announced the establishment of, and solicited applications for, a geographically diverse cadre responsible for the review of Final Technical Determinations (FTD) resulting in a converted wetland or converted wetland plus year (hereafter referred to as “CW”) certified wetland determination.  FTDs requiring review are those to be issued as the result of a State Conservationist review of a reconsidered adverse CW determination.  

  

The cadre provides technical support to the State for adverse CW determinations prior to the State Conservationist issuing the adverse decision as final.  This strategy aims to improve the customer experience by ensuring the technical and administrative accuracy, quality, and consistency of all adverse CW determinations.  As the review process progresses, States with demonstrated proficiency in issuing CW determinations may be subject to a reduced frequency of review requirement.  It will remain the authority of the State Conservationist to issue FTDs.

 

This bulletin provides guidance to States for submitting FTDs for review and notifies States of a forthcoming National Instruction that establishes the required review process effective January 1, 2022.

         

 
Explanation.  The cadre consists of discipline experts from across the Nation who will cooperatively review the Agency Record (AR) with the State prior to issuance of any FTD of a CW.  Technical support and training to the cadre will be provided by the National Technology Support Centers (NTSC).

 

An Outlook Inbox has been created (SM.RC.NWAD.REVIEWS@usda.gov) for States to submit their Agency Record (AR) for review.  To streamline the review process and ensure efficiency, States must include an AR checklist cover page that shows all documents included in the record and the order in which those documents are arranged in the AR.  Title 440 Programs Manual, Part 510, Subpart B, 510.12 “Agency Record” describes the types of information required in the AR. 

 

The cadre member will complete the review within 2 weeks.  Additional time can be coordinated with the submitting State’s staff for the purpose of acquiring additional information.

Attachment A – “Agency Record Checklist” contains three examples (Single folder, 4-part folder, and 6-part folder) of a checklist that all States must use. States may use any of the examples or customize them to their specific needs.

 

Attachment B - “Preview NI 190-xxx" - A preview copy of the forthcoming National Instruction that establishes the required review process effective January 1, 2022.

    

 
Contact. Please contact David Manthei, National Wetland and Highly Erodible Land Conservation Specialist, Ecological Sciences Division, Science and Technology Deputy Area, at (817) 301-8659 or by email at david.manthei@usda.gov with any questions.      
 
 

 /s/

   J. XAVIER MONTOYA   
   Acting Deputy Chief for Science and Technology   

 
 

   Attachment A - Agency Record Checklist

   Attachment B - Preview NI 190-xxx     

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