BMPS that meet Water Quality Standards (September 25, 2015) (on file with author) (“The final Nonpoint Plan that was submitted to EPA includes a commitment over the next year to develop a process to identify best management practices (BMPs) for agriculture that, if implemented, would meet our state water quality standards. We would design the process over this next year and then the following years implement that process to identify BMPs. This work is the result of EPA comments to us regarding the need to identify agricultural Best Management Practices that meet water quality.”). 275 Email from Jo Henszey to Ecology, Re: EPA Comments on Washington’s Draft Water Quality Management Plan to Control Nonpoint Sources of Pollution (June 17, 2015). 276 EPA, NOAA, Washington’s Coastal Nonpoint Pollution Control Program, Nonpoint Source Management Program, and Federal Trust Obligations to Tribes, Letter to Ecology (April 23, 2013). 277 Email from Jo Henszey to Ecology, Re: EPA Comments on Washington’s Draft Water Quality Management Plan to Control Nonpoint Sources of Pollution (June 17, 2015) (on file with author). 278 Letter from NOAA to Ecology, Re: Comments on Washington’s Draft Water Quality Management Plan to Control Nonpoint Sources of Pollution (June 4, 2015) (on file with author). 279 Puget Sound Partnership Blog, Congressman Heck Introduces PUGET SOS Act in the U.S. House of Representatives, at http://www.psp.wa.gov/blog/?p=539 (last visited November 3, 2015). 280 Congressional Puget Sound Recovery Caucus, at http://dennyheck.house.gov/sites/dennyheck.house.gov/files/PUGET SOS One Pager.pdf (last visited Nov. 3, 2015). 281 Id. 282 Id. 283 Pub. L. 99-198 (1985). 284 See H.R. Rep. No. 271, 99th Cong., 1st Sess., pt. 1, at 78 (1985), reprinted in 1985 U.S.C.A.N.N. 1103, 1182 (discussion by the the House Agriculture Committee on attempts to implement “major soil conservation measures” in the 1981 Farm Bill). 285 Linda A. Malone, A Historical Essay on the Conservation Provisions of the 1985 Farm Bill: Sodbusting, Swampbusting, and the Conservation Reserve, 34 KAN. L. REV. 577, 581 (1986). 286 Multi Ag Media LLC v. USDA, 515 F.3d 1224 (D.C. Cir. 2008). 287 7 U.S.C. § 8791. 288 5 U.S.C. § 552(b)(3). 289 7 U.S.C. § 8791. According to a presentation to the EPA, geospatial data does not include unmarked aerial photos. EPA, 2011 State Nutrient Reduction Workshop, Section 1619 of the Food, Conservation, and Energy Act Presentation, (June 13-15, 2011), at http://www.epa.gov/region5/agriculture/pdfs/nutrientworkshop/21wilson.pdf (last visited February 3, 2016). 290 Id. 291 7 U.S.C. § 8791(b)(4)(B). See also Memorandum from Boyd K. Rutherford, USDA Assistant Secretary for Administration, to Agency FOIA Officers (July 30, 2008), at http://www.sej.org/sites/default/files/USDA1619Memo073008.pdf (last visited February 3, 2016); NRCS, 1619 Talking Points, at http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1166474.pdf (last visited February 3, 2016). 292 7 U.S.C. § 8791(b)(4)(A). See also EPA, 2011 State Nutrient Reduction Workshop, Section 1619 of the Food, Conservation, and Energy Act Presentation, (June 13-15, 2011), at http://www.epa.gov/region5/agriculture/pdfs/nutrientworkshop/21wilson.pdf (last visited February 3, 2016). 293 NRCS FOIA Presentation (Feb 25 2011), at http://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/ mn/contact/ ?cid=stelprdb1166464 (emphasis original) (last visited February 3, 2016); see also NRCS 1619 Talking Points, at http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1166474.pdf (last visited February 3, 2016; Memorandum from Boyd K. Rutherford, USDA Assistant Secretary for Administration, to Agency FOIA Officers (July 30, 2008), at http://www.sej.org/sites/default/files/USDA1619Memo073008.pdf (last visited February 3, 2016). 294 See USDA Section 1619 Cooperator Memorandum of Understanding, at http://water.epa.gov/polwaste/nps/upload/template-usda-section1619-cooperator-memo-understanding.pdf (last visited February 3, 2016). 295 Id.
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