cfr_sections
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21 rows where part_number = 12 and title_number = 7 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:1.1.1.1.15.1.29.1 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.1 General. | USDA | [61 FR 47025, Sept. 6, 1996, as amended at 76 FR 82077, Dec. 30, 2011] | (a) Scope. This part sets forth the terms and conditions under which a person who produces an agricultural commodity on highly erodible land or designates such land for conservation use, plants an agricultural commodity on a converted wetland, or converts a wetland shall be determined to be ineligible for certain benefits provided by the United States Department of Agriculture (USDA) and agencies and instrumentalities of USDA. (b) Purpose. The purpose of the provisions of this part are to remove certain incentives for persons to produce agricultural commodities on highly erodible land or converted wetland and to thereby— (1) Reduce soil loss due to wind and water erosion; (2) Protect the Nation's long-term capability to produce food and fiber; (3) Reduce sedimentation and improve water quality; and (4) Assist in preserving the values, acreage, and functions of the Nation's wetlands. | |||||
| 7:7:1.1.1.1.15.1.29.10 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.10 Scheme or device. | USDA | All or any part of the benefits listed in § 12.4 otherwise due a person from USDA may be withheld or required to be refunded if the person adopts or participates in adopting any scheme or device designed to evade, or which has the effect of evading, the provisions of this part. Such acts shall include, but are not limited to, concealing from USDA any information having a bearing on the application of the provisions of this part or submitting false information to USDA or creating entities for the purpose of concealing the interest of a person in a farming operation or to otherwise avoid compliance with the provisions of this part. Such acts shall also include acquiescence in, approval of, or assistance to acts which have the effect of, or the purpose of, circumventing these regulations. | ||||||
| 7:7:1.1.1.1.15.1.29.11 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.11 Action based upon advice or action of USDA. | USDA | The provisions of part 718 of this Title, as amended, relating to performance based upon the action or advice of a County Committee (COC) or State FSA Committee shall be applicable to the provisions of this part. In addition, if it is determined by the appropriate USDA agency that the action of a person which would form the basis of any ineligibility under this part was taken by such person in good-faith reliance on erroneous advice, information, or action of any other authorized representative of USDA, the appropriate agency may make such benefits available to the extent that similar relief would be allowed under 7 CFR part 718. | ||||||
| 7:7:1.1.1.1.15.1.29.12 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.12 Appeals. | USDA | Any person who has been or who would be denied program benefits in accordance with § 12.4 as the result of any determination made in accordance with the provisions of this part may obtain a review of such determination in accordance with the administrative appeals procedures of the agency which rendered such determination. Agency appeal procedures are contained in the Code of Federal Regulations as follows: FSA, part 780 of this title; NRCS, part 614 of this title; Rural Utilities Service, part 1900, subpart B of this title. | ||||||
| 7:7:1.1.1.1.15.1.29.13 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.13 Special Federal crop insurance premium subsidy provisions. | USDA | [80 FR 22881, Apr. 24, 2015, as amended at 82 FR 58334, Dec. 12, 2017] | (a) General. The provisions and exemptions in this section are only applicable to Federal crop insurance premium subsidies for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501-1524). The exemptions in this section are in addition to any that apply under § 12.5. Any conflict between this section and another will be resolved by applying this section, but only for Federal crop insurance premium subsidies. Any exemptions or relief under this section apply to Federal crop insurance premium subsidies and do not apply to other benefits even for the same person for the same crop year or reinsurance year. Unless otherwise specified in this section, the provisions in this section apply to both highly erodible land and wetlands. (b) Ineligibility for failing to certify compliance. Subject to paragraph (b)(2) of this section, failing to certify compliance as specified in § 12.7 will result in ineligibility as follows: (1) A Form AD-1026, or successor form, for the person must be filed with FSA for the reinsurance year in order for the person to be eligible for any Federal crop insurance premium subsidies for the reinsurance year. Persons will be ineligible for Federal crop insurance premium subsidy on their crop insurance policy if form AD-1026, or successor form, has not been filed with FSA for the reinsurance year by the premium billing date for their Federally-reinsured crop insurance policy. (2) A person that has not filed an AD-1026 for the reinsurance year by the premium billing date may be eligible for premium subsidy for the reinsurance year if they provide information necessary for the person's filing of a Form AD-1026 if the person: (i) Is unable to file a Form AD-1026 due to circumstances beyond the person's control, as determined by FSA; or (ii) Files a Form AD-1026 in good faith and FSA subsequently determines that additional information is needed, but the person is unable to comply due to circumstances beyond the control of the person. (3) A person who does not have Fo… | |||||
| 7:7:1.1.1.1.15.1.29.2 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.2 Definitions. | USDA | [61 FR 47025, Sept. 6, 1996; 61 FR 53491, Oct. 11, 1996; 76 FR 4803, Jan. 27, 2011; 80 FR 22879, Apr. 24, 2015; 83 FR 63050, Dec. 7, 2018; 85 FR 35151, Aug. 28, 2020] | (a) General. The following definitions shall be applicable for the purposes of this part: Agricultural commodity means any crop planted and produced by annual tilling of the soil, including tilling by one-trip planters, or sugarcane. Approved insurance provider means a private insurance company that has been approved and reinsured by FCIC to provide insurance coverage to persons participating in programs authorized by the Federal Crop Insurance Act, as amended (7 U.S.C. 1501-1524). Best drained condition means the hydrologic conditions with respect to depth, duration, frequency, and timing of soil saturation or inundation resulting from drainage manipulations that occurred prior to December 23, 1985, and that exist during the wet portion of the growing season during normal climatic conditions. CCC means the Commodity Credit Corporation, a wholly-owned government corporation within USDA organized under the provisions of 15 U.S.C. 714 et seq. Conservation District (CD) means a subdivision of a State or local government organized pursuant to the applicable law to develop and implement soil and water conservation activities or programs. Conservation plan means the document that— (1) Applies to highly erodible cropland; (2) Describes the conservation system applicable to the highly erodible cropland and describes the decisions of the person with respect to location, land use, tillage systems, and conservation treatment measures and schedules; and (3) Is approved by the local soil conservation district in consultation with the local committees established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) and the Natural Resources Conservation Service (NRCS) for purposes of compliance with this part. Conservation system means a combination of one or more conservation measures or management practices that are— (1) Based on local resource conditions, available conservation technology, and the standards and guidelines contained in the NRCS field office tec… | |||||
| 7:7:1.1.1.1.15.1.29.3 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.3 Applicability. | USDA | [80 FR 22879, Apr. 24, 2015] | (a) The provisions of this part apply to all land, including Indian tribal land, in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, and the Commonwealth of the Northern Mariana Islands. (b) The rules in this part are applicable to all current and future determinations on matters within the scope of this part. Nothing in these rules relieves any person of any liability under previous versions of these rules. (c) Notwithstanding paragraph (b) of this section, for the purpose of eligibility for Federal crop insurance premium subsidy for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501-1524), the provisions of this part apply to final HEL and wetland conservation determinations, including all administrative appeals, after February 7, 2014, on matters within the scope of this part. (1) For acts or situations of non-compliance or failure to certify compliance according to this part, ineligibility for Federal crop insurance premium subsidies will be applied beginning with the 2016 reinsurance year for any Federally reinsured policy or plan of insurance with a sales closing date on or after July 1, 2015. (2) [Reserved] | |||||
| 7:7:1.1.1.1.15.1.29.4 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.4 Determination of ineligibility. | USDA | [61 FR 47025, Sept. 6, 1996; 61 FR 53491, Oct. 11, 1996; 76 FR 82077, Dec. 30, 2011; 80 FR 22880, Apr. 24, 2015] | (a) Actions. Except as provided in §§ 12.5 or 12.13, a person shall be ineligible for all or a portion of USDA program benefits listed in this section if: (1) The person produces an agricultural commodity on a field in which highly erodible land is predominant, or designates such a field for conservation use; (2) The person produces an agricultural commodity on a wetland that was converted after December 23, 1985; or (3) After November 28, 1990, the person converts a wetland by draining, dredging, filling, leveling, removing woody vegetation, or other means for the purpose, or to have the effect, of making the production of an agricultural commodity possible. (b) Highly erodible land. A person determined to be ineligible under paragraph (a)(1) of this section may be ineligible for all program benefits listed in (d) and (e) of this section. (c) Wetland conservation. Except as provided in § 12.13, a person determined to be ineligible under paragraph (a)(2) of this section is ineligible for all or a portion of the USDA program benefits listed in paragraph (d) of this section for which the person otherwise would have been eligible during the crop year of the commodity that was planted on the converted wetland. Except as provided in § 12.13, a person determined to be ineligible under paragraph (a)(3) of this section for the conversion of a wetland is ineligible for all or a portion of the USDA program benefits listed in paragraph (d) of this section for which the person otherwise would have been eligible during the crop year which is equal to the calendar year during which the violation occurred and each subsequent crop year until the converted wetland is restored or the loss of wetland values, acreage, and functions have been mitigated prior to the beginning of such calendar year in accordance with § 12.5(b)(4)(i) (A) and (C) through (F) of this part. Ineligibility under paragraph (a)(2) of this section may be reduced, in lieu of the loss of all benefits specified under paragraph (d) of this section for su… | |||||
| 7:7:1.1.1.1.15.1.29.5 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.5 Exemption. | USDA | [61 FR 47025, Sept. 6, 1996; 61 FR 53491, Oct. 11, 1996; 76 FR 82077, Dec. 30, 2011; 80 FR 22880, Apr. 24, 2015] | (a) Exemptions regarding highly erodible land —(1) Highly erodible cropland in production or in USDA programs during 1981 through 1985 crop years. During the period beginning on December 23, 1985, and ending on the later of January 1, 1990, or the date that is two years after the date the cropland on which an agricultural commodity is produced was surveyed by NRCS to determine if such land is highly erodible, no person shall be determined to be ineligible for benefits as provided in § 12.4 as the result of the production of an agricultural commodity on any highly erodible land: (i) That was planted to an agricultural commodity in any year 1981 through 1985; or (ii) That was set aside, diverted, or otherwise not cultivated in any such crop years under a program administered by the Secretary for any such crops to reduce production of an agricultural commodity. (2) Compliance with a conservation plan or conservation system. As further specified in this part, no person shall be ineligible for the program benefits described in § 12.4 as the result of production of an agricultural commodity on highly erodible land or the designation of such land for conservation use if such production or designation is in compliance with a conservation plan or conservation system approved under paragraph (a)(2)(i) or (a)(2)(ii) of this section. A person shall not be ineligible for program benefits under § 12.4 as the result of the production of an agricultural commodity on highly erodible land or as the result of designation of such land as conservation use if the production or designation is: (i) In an area within a CD, under a conservation system that has been approved by the CD after the CD determines that the conservation system is in conformity with technical standards set forth in the NRCS field office technical guide for such district; or (ii) In an area not within a CD, under a conservation system that has been approved by NRCS to be adequate for the production of such agricultural commodity on highly erodible land or… | |||||
| 7:7:1.1.1.1.15.1.29.6 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.6 Administration. | USDA | [61 FR 47025, Sept. 6, 1996; 61 FR 53491, Oct. 11, 1996; 76 FR 4804, Jan. 27, 2011; 80 FR 22880, Apr. 24, 2015] | (a) General. In general determinations will be made as follows: (1) Except as provided in paragraph (a)(2) of this section, a determination of ineligibility for benefits in accordance with the provisions of this part will be made by the agency of USDA to which the person has applied for benefits. All determinations required to be made under the provisions of this part will be made by the agency responsible for making such determinations, as provided in this section. (2) Eligibility for Federal crop insurance premium subsidies will be based on final determinations, including all administrative appeals, made by NRCS and FSA. Neither RMA, FCIC, approved insurance providers, or any employee, agent, or contractors thereof, will make any determination regarding compliance with the highly erodible land or wetland provisions of this part, unless specifically provided for in § 12.13. (b) Administration by FSA. (1) The provisions of this part which are applicable to FSA will be administered under the general supervision of the Administrator, FSA, and shall be carried out in the field in part by State FSA committees and county FSA committees (COC). (2) The FSA Deputy Administrator for Farm Programs may determine any question arising under the provisions of this part which are applicable to FSA and may reverse or modify any determination of eligibility with respect to programs administered by FSA made by a State FSA committee or COC or any other FSA office or FSA official (except the Administrator) in connection with the provisions of this part. (3) FSA shall make the following determinations which are required to be made in accordance with this part: (i) Whether a person produced an agricultural commodity on a particular field as determined under § 12.5(a)(1); (ii) The establishment of field boundaries; (iii) Whether land was planted to an agricultural commodity in any of the years, 1981 through 1985, for the purposes of § 12.5(a)(1); (iv) Whether land was set aside, diverted, or otherwise not cultivated under … | |||||
| 7:7:1.1.1.1.15.1.29.7 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.7 Certification of compliance. | USDA | [61 FR 47025, Sept. 6, 1996, as amended at 80 FR 22880, Apr. 24, 2015] | (a) Self-certification. In order for a person to be determined to be eligible for any of the benefits specified in § 12.4: (1) It must be determined by USDA whether any field in which the person applying for the benefits has an interest and intends to produce an agricultural commodity contains highly erodible land; (2) The person applying for or receiving the benefits must certify in writing on Form AD-1026 that such person will not produce an agricultural commodity on highly erodible land, or designate such land for conservation use; or plant an agricultural commodity on a converted wetland; or convert a wetland to make possible the production of an agricultural commodity during the crop year in which the person is seeking such benefits, unless such actions are exempt, under §§ 12.5 or 12.13 from the provisions of § 12.4 of this part; (3) A person may certify application of practices required by the person's conservation plan. NRCS shall permit a person who makes such a certification with respect to a conservation plan to revise the conservation plan in any manner, if the same level of conservation treatment provided for by the conservation system under the person's conservation plan is maintained. NRCS may not revise the person's conservation plan without the concurrence of the person; (4) The person applying for a FSA direct or guaranteed farm credit program loan must certify that such person shall not use the proceeds of the loan for a purpose that will contribute to excessive erosion on highly erodible land or to conversion of wetlands for the purpose, or to have the effect, of making the production of an agricultural commodity possible; and (5) The person applying for the benefits must authorize and provide representatives of USDA access to all land in which such person has an interest for the purpose of verifying any such certification. (b) Availability to other agencies. Each agency of USDA shall make all certifications of compliance received by such agency and the results of investigations conc… | |||||
| 7:7:1.1.1.1.15.1.29.8 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.8 Affiliated persons. | USDA | (a) Ineligibility of affiliated persons. Ineligibility of an individual or entity under this part for benefits shall also be an ineligibility for benefits for “affiliated persons” as defined in this section. (b) Affiliated persons of an individual. If the person requesting benefits is an individual, the affiliated persons are: (1) The spouse and minor child of such person or guardian of such child; except that spouses who establish to the satisfaction of the COC that operations of the husband and wife are maintained separately and independently shall not be considered affiliates; (2) Any partnership, joint venture, or other enterprise in which the person or any person listed in paragraphs (b)(1) has an ownership interest or financial interest; unless such interest is held indirectly through another business enterprise; or (3) Any trust in which the individual, business enterprise, or any person listed in paragraph (b)(1) is a beneficiary or has a financial interest, unless such interest is held indirectly through another business enterprise. (c) Affiliated persons of an entity. If the person who has requested benefits from USDA is a corporation, partnership, or other joint venture, the affiliated persons are any participant or stockholder therein of the corporation, partnership, or other joint venture, except for persons who have an indirect interest through another business enterprise in such corporation, partnership, or other joint venture or persons with a 20 percent or less share in a corporation. (d) Limitation. Any reduction in payments which results only from the application of the affiliation provisions of this section to a partnership, joint venture, trust, or other enterprise shall be limited to the extent of interest held in such partnership, joint venture, trust, or other enterprise by the person or business enterprise that committed the violation. However, for violations for which the business enterprise is considered directly responsible under the provisions of this part, the business … | ||||||
| 7:7:1.1.1.1.15.1.29.9 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | A | Subpart A—General Provisions | § 12.9 Landlords and tenants. | USDA | [61 FR 47025, Sept. 6, 1996, as amended at 80 FR 22881, Apr. 24, 2015] | (a) Landlord eligibility. Landlord eligibility will include the following: (1) Except as provided in paragraph (a)(2) of this section, the ineligibility of a tenant or sharecropper for: (i) Program benefits (as specified in § 12.4) except as provided in paragraph (a)(1)(ii) of this section will not cause a landlord to be ineligible for USDA program benefits accruing with respect to land other than those in which the tenant or sharecropper has an interest; and (ii) Federal crop insurance premium subsidies for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501-1524) will, in lieu of ineligibility for premium subsidy, result in a reduction in the amount of premium subsidy paid by FCIC on all policies and plans of insurance for the landlord. (A) The percentage reduction will be determined by comparing the total number of cropland acres on the farm on which the violation occurred to the total number of cropland acres on all farms in which landlord has an interest, as determined by FSA. (B) The farms and cropland acres used to determine the premium subsidy reduction percentage will be the farms and cropland acres of the landlord for the reinsurance year in which the tenant or sharecropper is determined ineligible. (C) The percentage reduction will be applied to all policies and plans of insurance of the landlord in the reinsurance year subsequent to the reinsurance year in which the tenant or sharecropper is determined ineligible. (D) If the landlord and tenant or sharecropper are insured under the same policy, the landlord will be ineligible for premium subsidy on that policy in lieu of a percentage reduction on that policy. (2) If the production of an agricultural commodity on highly erodible land or converted wetland by the landlord's tenant or sharecropper is required under the terms and conditions of the agreement between the landlord and such tenant or sharecropper and such agreement was entered into after December 23, 1985, or if the landlord has acquiesced in such activi… | |||||
| 7:7:1.1.1.1.15.2.29.1 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | B | Subpart B—Highly Erodible Land Conservation | § 12.20 NRCS responsibilities regarding highly erodible land. | USDA | In implementing the provisions of this part, NRCS shall, to the extent practicable: (a) Develop and maintain criteria for identifying highly erodible lands; (b) Prepare and make available to the public lists of highly erodible soil map units; (c) Make soil surveys for purposes of identifying highly erodible land; and (d) Provide technical guidance to conservation districts which approve conservation plans and systems, in consultation with local county FSA committees, for the purposes of this part. | ||||||
| 7:7:1.1.1.1.15.2.29.2 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | B | Subpart B—Highly Erodible Land Conservation | § 12.21 Identification of highly erodible lands criteria. | USDA | [61 FR 47025, Sept. 6, 1996; 61 FR 53491, Oct. 11, 1996; 83 FR 63051, Dec. 7, 2018] | (a) Basis for identification as highly erodible. Soil map units and an erodibility index will be used as the basis for identifying highly erodible land. The erodibility index for a soil is determined by dividing the potential average annual rate of erosion for each soil by its predetermined soil loss tolerance (T) value. The T value represents the maximum annual rate of soil erosion that could occur without causing a decline in long-term productivity. The equation for measuring erosion is described below. (1) The potential average annual rate of sheet and rill erosion is estimated by multiplying the following factors of the Universal Soil Loss Equation (USLE): (i) Rainfall and runoff (R); (ii) The degree to which the soil resists water erosion (K); and (iii) The function (LS), which includes the effects of slope length (L) and steepness (S). (2) The potential average annual rate of wind erosion is estimated by multiplying the following factors of the Wind Erosion Equation (WEQ): Climatic characterization of windspeed and surface soil moisture (C) and the degree to which soil resists wind erosion (I). (3) The USLE is explained in the U.S. Department of Agriculture Handbook 537, “Predicting Rainfall Erosion Losses.” The WEQ is explained in the paper by Woodruff, N.P., and F. H. Siddaway, 1965, “A Wind Erosion Equation,” Soil Science Society of America Proceedings, Vol. 29. No. 5, pages 602-608. Values for all the factors used in these equations are contained in the NRCS field office technical guide and the references which are a part of the guide. The Universal Soil Loss Equation, the Revised Universal Soil Loss Equation, and the Wind Erosion Equation and the rules under which NRCS uses the equations are published at §§ 610.11 through 610.15 of this title. (b) Highly erodible. A soil map unit shall be determined to be highly erodible if either the RKLS/T or the CI/T value for the map unit equals or exceeds 8. (c) Potentially highly erodible. Whenever a soil map unit description contains a range of a s… | |||||
| 7:7:1.1.1.1.15.2.29.3 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | B | Subpart B—Highly Erodible Land Conservation | § 12.22 Highly erodible field determination criteria. | USDA | [61 FR 47025, Sept. 6, 1996; 61 FR 53491, Oct. 11, 1996] | (a) Predominance. Highly erodible land shall be considered to be predominant on a field if either: (1) 33.33 percent or more of the total field acreage is identified as soil map units which are highly erodible; or (2) 50 or more acres in such field are identified as soil map units which are highly erodible. (b) Modification of field boundaries. A person may request the modification of field boundaries for the purpose of excluding highly erodible land from a field. Such a request must be submitted to, and is subject to the approval of, FSA. FSA shall use the technical determination of NRCS in approving this request. (c) Impact of changing field boundaries. When field boundaries are changed to include areas of land that were included in a field that was previously determined to be predominately highly erodible according to paragraph (a) of this section, such areas shall continue to be subject to the requirements for predominately highly erodible fields, except as provided in paragraph (b) of this section. (d) Small area of noncropland. Small areas of noncropland within or adjacent to the boundaries of existing highly erodible crop fields such as abandoned farmsteads, areas around filled or capped wells, rock piles, trees, or brush which are converted to cropland are considered to meet the requirement of § 12.5(a)(2) if they are included in an approved conservation plan for the entire highly erodible field. | |||||
| 7:7:1.1.1.1.15.2.29.4 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | B | Subpart B—Highly Erodible Land Conservation | § 12.23 Conservation plans and conservation systems. | USDA | (a) Use of field office technical guide. A conservation plan or conservation system developed for the purposes of § 12.5(a) must be based on, and to the extent practicable conform with, the NRCS field office technical guide in use at the time the plan is developed or revised. For highly erodible croplands which were used to produce agricultural commodities prior to December 23, 1985, the applicable conservation systems in the field office technical guide are designed to achieve substantial reductions in soil erosion. Conservation systems shall be technically and economically feasible; based on local resource conditions and available conservation technology; cost-effective; and shall not cause undue economic hardship on the person applying the conservation system. Any conservation plans or systems that were approved prior to July 3, 1996, are deemed to be in compliance with this paragraph. (b) Substantial reduction in soil erosion. For the purpose of determining whether there is a substantial reduction in soil erosion on a field containing highly erodible cropland which was used to produce an agricultural commodity prior to December 23, 1985, the measurement of erosion reduction achieved by applying a conservation plan or system shall be based on a comparison of the estimated annual level of erosion that is expected to occur on that portion of the field for which a conservation plan or system was developed and is being applied, to the estimated annual level of erosion that existed on that same portion of the field before the application of a conservation plan or system. On a field that is converted from native vegetation after July 3, 1996, and where any crop production will result in increased erosion, in no case will the required conservation plan or system permit a substantial increase in erosion. (c) Field trials. NRCS may allow a person to include in the person's conservation plan or a conservation system under the plan, on a field-trial basis, practices that are not currently approved but that NRCS c… | ||||||
| 7:7:1.1.1.1.15.3.29.1 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | C | Subpart C—Wetland Conservation | § 12.30 NRCS responsibilities regarding wetlands. | USDA | [61 FR 47025, Sept. 6, 1996; 61 FR 53491, Oct. 11, 1996; 76 FR 22785, Apr. 25, 2011; 83 FR 63051, Dec. 7, 2018; 85 FR 53152, Aug. 28, 2020] | (a) Technical and coordination responsibilities. In carrying out the provisions of this part, NRCS shall: (1) Oversee the development and application of criteria to identify hydric soils in consultation with the National Technical Committee for Hydric Soils and make available to the public an approved county list of hydric soil map units, which is based upon the National List of Hydric Soils; (2) Coordinate with the U.S. Fish and Wildlife Service and others in updating the National List of Plant Species that Occur in Wetlands; (3) Make or approve wetland determinations, delineations and certifications, functional assessments, mitigation plans, categorical minimal effects, and other technical determinations relative to the implementation of the wetland conservation provisions of this part. Wetland determinations, delineations and certifications will be done on a tract, field, or sub-field basis; (4) Develop and utilize off-site and on-site wetland identification procedures; (5) Assure quality of service and determinations through procedures developed by NRCS in consultation with other Federal agencies that have wetland responsibilities; (6) Investigate complaints and make technical determinations regarding potential violations; (7) Develop a process at the state level, in coordination with the U.S. Fish and Wildlife Service, to ensure that these provisions are carried out in a technically defensible and timely manner, seek assistance as appropriate, and annually review the progress being made on implementation; and (b) Technical assistance from others In carrying out the provisions of this part, NRCS may request technical assistance from the U.S. Fish and Wildlife Service, State or local agencies, conservation districts, or qualified private entities when NRCS determines that additional staff resources or technical expertise are needed to address adequately the requirements of this part or to enhance the quality of implementation of this part. (c) Certification of wetland determinations and wetland d… | |||||
| 7:7:1.1.1.1.15.3.29.2 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | C | Subpart C—Wetland Conservation | § 12.31 Wetland identification procedures. | USDA | [61 FR 47025, Sept. 6, 1996, as amended at 69 FR 18803, Apr. 9, 2004; 76 FR 82077, Dec. 30, 2011; 80 FR 22885, Apr. 24, 2015; 83 FR 63052, Dec. 7, 2018; 85 FR 53152, Aug. 28, 2020] | (a) Hydric soils. (1) NRCS shall identify hydric soils through the use of published soil maps which reflect soil surveys completed by NRCS or through the use of on-site reviews. If a published soil map is unavailable for a given area, NRCS may use unpublished soil maps which were made according to the specifications of the National Cooperative Soil Survey or may conduct an on-site evaluation of the land. (2) NRCS shall determine whether an area of a field or other parcel of land has a predominance of hydric soils that are inundated or saturated as follows: (i) If a soil map unit has hydric soil as all or part of its name, that soil map unit or portion of the map unit related to the hydric soil shall be determined to have a predominance of hydric soils; (ii) If a soil map unit is named for a miscellaneous area that meets the criteria for hydric soils (i.e., riverwash, playas, beaches, or water) the soil map unit shall be determined to have a predominance of hydric soils; or (iii) If a soil map unit contains inclusions of hydric soils, that portion of the soil map unit identified as hydric soil shall be determined to have a predominance of hydric soils. (3) List of hydric soils. (i) Hydric soils are those soils which meet criteria set forth in the publication “Hydric Soils of the United States 1985” which was developed by the National Technical Committee for Hydric Soils and which is incorporated by reference. This publication may be obtained upon request by writing NRCS at U.S. Department of Agriculture, P.O. Box 2890, Washington, DC 20013, and is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Incorporation of this publication by reference was approved by the Director of the Federal Register on June 24, 1986. The materials are incorporated as they exist on the date of the approval and a no… | |||||
| 7:7:1.1.1.1.15.3.29.3 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | C | Subpart C—Wetland Conservation | § 12.32 Converted wetland identification criteria. | USDA | (a) Converted wetland shall be identified by determining whether the wetland was altered so as to meet the definition of converted wetland. In making this determination, the following factors are to be considered: (1) Where hydric soils have been used for production of an agricultural commodity and the effect of the drainage or other altering activity is not clearly discernible, NRCS will compare the site with other sites containing the same hydric soils in a natural condition to determine if the hydric soils can or cannot be used to produce an agricultural commodity under natural conditions. If the soil on the comparison site could not produce an agricultural commodity under natural conditions, the subject wetland will be considered to be converted wetland. (2) Where woody hydrophytic vegetation has been removed from hydric soils for the purpose of or permitting the production of an agricultural commodity, the area will be considered to be converted wetland. (b) A wetland shall not be considered to be converted if: (1) Production of an agricultural commodity on such land is possible as a result of a natural condition, such as drought, and it is determined that the actions of the person producing such agricultural commodity does not permanently alter or destroy natural wetland characteristics. Destruction of herbaceous hydrophytic vegetation (i.e., plants other than woody shrubs or trees) as a result of the production of an agricultural commodity shall not be considered as altering or destroying natural wetland characteristic if such vegetation could return following cessation of the natural condition which made production of the agricultural commodity possible; or (2) Such land is correctly identified as farmed wetland or farmed-wetland pasture. | ||||||
| 7:7:1.1.1.1.15.3.29.4 | 7 | Agriculture | 12 | PART 12—HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION | C | Subpart C—Wetland Conservation | § 12.33 Use of wetland and converted wetland. | USDA | [61 FR 47025, Sept. 6, 1996, as amended at 76 FR 82077, Dec. 30, 2011] | (a) The provisions of § 12.32(b)(2) are intended to protect remaining values, acreage, and functions of the wetlands described therein. Persons may continue to farm such wetlands under natural conditions or as they did prior to December 23, 1985. However, no action can be taken to increase effects on the water regime beyond that which existed on such lands on or before December 23, 1985, unless NRCS determines the effect on losing remaining wetland values would be minimal under § 12.5(b)(1)(v). If, after December 23, 1985, changes due to human activity occurred in the watershed and resulted in an increase in the water regime on a person's land, the person may be allowed to adjust the existing drainage system to accommodate the increased water regime on the condition that the person affected by this additional water provides NRCS with appropriate documentation of the increased water regime, the causes thereof, and the planned changes in the existing drainage system. In order to maintain program eligibility, a person must provide sufficient documentation and receive approval from NRCS prior to making any changes that will have the effect of increasing the capacity of the existing drainage systems. (b) Unless otherwise provided in this part, the production of an agricultural commodity on land determined by NRCS to be prior-converted cropland is exempted by law from these regulations for the area which was converted. Maintenance or improvement of drainage systems on prior-converted croplands are not subject to this rule so long as the prior-converted croplands are used for the production of food, forage, or fiber and as long as such actions do not alter the hydrology of nearby wetlands or do not make possible the production of an agricultural commodity on these other wetlands. Other wetlands under this section means any natural wetland, farmed wetland, farmed-wetland pasture, or any converted wetland that is not exempt under § 12.5 of this part. (c) Abandonment is the cessation for five consecutive years of managem… |
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