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law, but it must address the annual/perennial crop dilemma. Congress should 

 define prior-converted croplands as all lands that have been physically altered. 

 Prior-converted croplands have been tilled, ditched, tiled, leveled or drained for 

 the purpose of agricultural production. They no longer function as wetlands 

 nor, as the Corps indicated in a regulatory guidance letter of September 26, 

 1990, do they "show important wetland values." Prior-converted cropland and 

 farmed wetlands were not regulated imtil the development of the 1989 

 delineation manual. 



Farm Bureau recommends that Congress specifically exclude prior- 

 converted cropland fi-om Section 404 regulation. 



Farmed wetlands 



The Administration and Congress shovdd recognize that prior-converted 

 croplands are no longer wetlands. They should also recognize that farmed 

 wetlands no longer exhibit wetland characteristics and should not be regvdated. 

 Prior-Converted Croplands were once wetlands that were too wet to farm 

 without drainage. Farmed Wetlands, on the other hand, are areas that are 

 wet so infrequently that they can be farmed without drainage (Dry 6 out of 10 

 years). Farm Bureau strongly believes these areas should not be jurisdictional 

 wetlands. 



Farm Bureau recommends that Congress exclude cropland that is cropped 

 six out of ten years and improved pasture from Section 404 jurisdiction. 



Exempted Activities 



Normal Farming Practices-Section 404(f) of the Clean Water Act intended for 

 farms, ranches and forestry operations to continue "normal" farming, 

 silviculture and ranching activities including, but not limited to plowing, 

 seeding, cultivating, minor drainage, harvesting, ditch maintenance, tile 

 maintenance, brush clearing, etc., without having to obtain individual permits. 

 Despite that intent, many of the conflicts between farmers and regulators are 

 due to attempts by field office regulators unfamiliar with agriculture to define 

 what constitutes a normal farming practice. Congress must specifically state 

 that Exempted Activities-Section 404 (0(1), takes priority and applies 

 notwithstanding any other provision within this law. 



Farm Bureau recommends that Congress clarify that all farming activities 

 are to be exempt from permit requirements. Because of the diversity of 

 agriculture among commodities and regions of the country. Congress should 



