Conservation compliance 7 23-10

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Over view of federal farm policy conservation compliance provisions 1985 to 2008.

Over view of federal farm policy conservation compliance provisions 1985 to 2008.

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  • 1. IWLA Agricultural Program Brad Redlin, Director Conservation Compliance Provisions: Key Developments and Lingering Issues
  • 2.
    • The Food Security Act of 1985 (Farm Bill)
      • Wetlands Conservation (WC) or “Swampbuster”
      • Highly Erodible Land Conservation (HELC)
        • “ Sodbuster”
        • Conservation compliance
  • 3.
    • 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.
  • 4.
    • 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.
  • 5.
    • The Food, Conservation, and Energy Act of 2008
    • All Good Faith determinations must be reviewed at state level.
    • Graduated Penalties established for HELC violations.
  • 6.
    • 2012 Farm Bill…
    • Crop Insurance:
      • Compliance exempt and Written Agreements.
    • Drainage:
      • Rapid expansion, NRCS engagement.
    • Nutrient Management:
      • Setback compliance.