On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) released a final Waters of the United States (WOTUS) rule, which will become effective 60 days after it is published in the Federal Register. The new rule changes how the federal government determines which waters are subject to regulation under the Clean Water Act. This is the third time since 2015 that an administration has changed WOTUS rules. EPA’s press release provides additional information and memos explaining how the new rules will be implemented and coordinated across federal agencies. The agency also released a fact sheet to assist landowners in determining whether activities on their land require a Clean Water Act permit.

Among the most significant changes included in the new rule are the regulation of ephemeral streams and the reinstitution of the “significant nexus standard” to determine if waters are covered under WOTUS. The new rule retains important exemptions for agriculture and conservation including plowing, seeding, and the maintenance of drainage ditches, irrigation diches, and stock ponds. The rule also maintains exemptions for Prior Converted Cropland (PCC), but will no longer exempt PCC that has undergone a “change in use.” The U.S. Supreme Court is expected to decide the Sackett case early this year, which may require EPA and USACE to modify the new rule. Additional legal challenges are expected and could also result in further revisions.

In 2019, NACD submitted comments to EPA to inform the development of the rule and encourage a locally-led approach to WOTUS determinations. NACD also submitted comments to the agency in 2021. NACD looks forward to working closely with our members, federal agency partners, and all stakeholders to help guide the implementation of the new rule.

Read the update on NACD's blog.

NORTH CAROLINA KICKS OFF 2023 WITH STATE'S 79TH ANNUAL MEETING

On January 8-10, 2023, around 500 conservation district officials, employees, and partners—including 100 first-timers—gathered at the Cherokee Convention Center in Cherokee, NC for the for the 79th Annual Meeting of the North Carolina Association of Soil & Water Conservation Districts (NCASWCD).

During the general session on Monday, attendees heard from Chief Richard G. Sneed, Principal Chief of the Eastern Band of Cherokee Indians (EBCI), as well as James Tillman, Southeast Regional Conservationist with the U.S. Department of Agriculture’s Natural Resources Conservation Service (USDA-NRCS), and North Carolina Agriculture Commissioner Steve Troxler. The meeting’s breakout sessions explored a variety of topics, such as EBCI natural resource management, North Carolina’s Streamflow Rehabilitation Assistance Program (StRAP), and efforts made this past year by the North Carolina Foundation for Soil & Water Conservation on conservation easement and leadership development training. During a breakfast for district officials, NACD board member Myles Payne, alternate board member Nancy Carter, and NACD Southeast Region Representative Candice Abinanti shared an NACD update.

At the meeting, Next Generation Leadership Institute (NGLI) alumna Barbara Bleiweis (pictured above with Millie Langley and Steve Troxler) was elected as Second Vice President of NCASWCD. Outgoing NCASWCD President Chris Hughes and incoming President George Teague were also celebrated for their past and upcoming terms. Congratulations to these conservation leaders!

CONGRESSIONAL UPDATE:

THE FUTURE OF THE AG COMMITTEES AND FARM BILL

On January 6, Representative Kevin McCarthy (R-CA) was elected Speaker of the U.S. House of Representatives for the 118th Congress. With the change in House leadership, Representative GT Thompson (R-PA) will serve as the Chair of the House Agriculture Committee, while Representative David Scott (D-GA) will now serve as the Ranking Member. Recently, Senator Debbie Stabenow (D-MI) announced that she will retire at the conclusion of the 118th Congress. Senator Stabenow will continue to lead the Senate Agriculture Committee throughout the development of the 2023 Farm Bill and Senator John Boozman (R-AR) will continue to serve as the committee’s Ranking Member. Committee memberships are expected to be finalized over the next several weeks. Throughout the coming months, both the House and Senate agriculture committees are expected to schedule hearings focused on the 2023 Farm Bill. Most recently, Representative GT Thompson held a farm bill listening session in Harrisburg, Pennsylvania last Friday, January 13.

THE NCF AUCTION NEEDS YOUR DONATIONS!

During the 2023 NACD Annual Meeting in New Orleans, LA the National Conservation Foundation (NCF) will once again be hosting their Live Auction in support of the NCF-Envirothon and Next Generation Leadership Institute programs. The mission of NCF is to identify and advance strategic programs and partnerships to deliver conservation solutions through locally-led conservation and to develop the next generation of conservation leaders. The vision of the NCF is to support delivery of locally led conservation and to create future conservation leaders.

Individuals, conservation districts, and state associations are encouraged to donate unique items for the auction. Items can feature local artists, a special product made only in your state or territory, or interesting items with a conservation theme. Successful items in past auctions include pottery, jewelry, and “made in” agriculture products.

If you would like to donate an item to the 2023 NCF Live Auction, please fill out the donation form!

Since NCF is returning to the live only auction format, after completing the Auction Donation Form donors will be provided the shipping information for the meeting hotel and a date window. Smaller items can be brought along by NACD Annual Meeting attendees but will still need an Auction Donation Form entry. As they are received, all items will be added to our webpage with a description, photo, and credit to who provided the donation.

The auction will be held in-person on Monday, February 13 at 6:00 p.m. in New Orleans. If you would like to attend, please register for NACD's Annual Meeting.

SUPPORT NACD'S PACK-A-BOOK PROGRAM

The 2023 Annual Meeting will mark the 14th year for NACD’s Pack-A-Book community outreach program. Through Pack-A-Book, and the generosity of NACD Annual Meeting attendees, NACD has donated more than 1,300 books to elementary schools located within our annual meetings’ host cities.

This year’s Pack-A-Book donations will be received by the Capital Soil and Water Conservation District, who will share donations with schools around the New Orleans area. These schools are still recovering from storms and hurricanes that have repeatedly caused damage in the area.

Be a part of this important conservation education project by packing one or more natural resource, environmental, or conservation-related books for your trip to New Orleans. Simply drop them off at registration during the meeting. A label with your name and conservation district affiliation will be placed on the inside cover of each book you donate.

For a wide selection of books with conservation themes, consult this list of suggested titles then visit this Amazon link that supports NACD or your favorite retailer. Cash donations can also be arranged through NACD. If you have questions or need shipping instructions, contact Keith Owen, NACD Director of Education at stewardship@nacdnet.org.