IWLA IWLA Agricultur Agricultur al Program al Program Brad Redlin, Director Brad Redlin, Director Conservation Conservation Compliance Compliance Provisions: Provisions: Key Developments Key Developments and Lingering and Lingering
Jan 25, 2015
IWLA IWLA Agricultural Agricultural
ProgramProgramBrad Redlin, DirectorBrad Redlin, Director
Conservation Conservation Compliance Provisions:Compliance Provisions:
Key Developments and Key Developments and Lingering IssuesLingering Issues
The Food Security Act of 1985 (Farm Bill)The Food Security Act of 1985 (Farm Bill)Wetlands Conservation (WC) or “Swampbuster”Wetlands Conservation (WC) or “Swampbuster”Highly Erodible Land Conservation (HELC)Highly Erodible Land Conservation (HELC)
““Sodbuster”Sodbuster”Conservation complianceConservation compliance
Swampbuster/WC.Swampbuster/WC. 1990 Farm Bill: required USDA to map all wetlands; establish certification and appeals
process. 1990 Farm Bill: defined swampbusting from the time of conversion rather than from time
that crop was planted; added 6 more USDA programs for possible benefit denial. 1990 Farm Bill: installed graduated sanction (from $750 to $10,000) rather than loss of all
benefits; made available retroactively; available once per producer every 10 yrs. 1990 Farm Bill: expanded exempt wetlands and clarified “minimal effects” exemption. 2002 Farm Bill: prohibit USDA delegate authority for wetland determinations to other
parties.
HEL Conservation.HEL Conservation. 1988 Final Rule: added “economic and
technical feasibility” provision and allowed “alternate conservation systems” erosion reduction above T (set originally) at lower cost to producer; Chief Scaling subsequently mandated alternate systems be made available to all producers.
1990 Farm Bill: installed graduated penalty ($500 to $5,000) under Good Faith exemption available once per producer every 10 yrs.
1990 Farm Bill: added 6 more USDA programs for possible benefit denial and required compliance on HEL land in commodity set aside program of that era.
1996 Farm Bill: provided violators 1 year to meet compliance; created <30 day variances for weather, pest, disease.
1996 Farm Bill: allowed producers to self-certify compliance and modify plans if maintain same level.
1996 Farm Bill: allowed COC to permit relief if conservation system is undue economic hardship.
1996 Farm Bill: delete crop insurance from benefits that can be denied.
The Food, Conservation, and Energy Act of 2008The Food, Conservation, and Energy Act of 2008
All Good Faith determinations must be reviewed at state level.All Good Faith determinations must be reviewed at state level.
Graduated Penalties established for HELC violations.Graduated Penalties established for HELC violations.
2012 Farm Bill…2012 Farm Bill…
Crop Insurance: Compliance exempt and Written
Agreements.
Drainage: Rapid expansion, NRCS
engagement.
Nutrient Management: Setback compliance.