Interagency Memorandum of Agreement Concerning Wetlands Determinations for Purposes of Section 404 of the Clean Water Act and Subtitle B of the Food Security Act

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On January 6, 1994, the Departments of the Army, Agriculture, the Interior, and the Environmental Protection Agency signed a Memorandum of Agreement (MOA) that recognizes the Soil Conservation Service (SCS) as the lead Federal agency for wetlands delineations on agricultural lands. Specifically, the MOA articulates the policy and procedures to be used in the determination of wetlands jurisdiction for purposes of both Section 404 of the Clean Water Act and Subtitle B of the Food Security Act (also known as the Swampbuster program). The MOA, which establishes minimum training requirements and requires the use of standard interagency approved methods, will improve the quality and consistency of wetlands determinations on agricultural lands. The actual text of the MOA is published as part of this notice.