Subpart B - General Provisions 



SUBPART B - GENERAL PROVISIONS 



510-11(C) 



510.10 Authorities. 



(a) Legal authority for the policy and procedures contained 

 herein is Public Law 99-198 (16 U.S.C. 3801 et seq. , Titles 12 and 

 13), the Food Security Act of 1985 (FSA) , and Public Law 101-624, 

 Food, Agricultxore , Conservation, and Trade Act of 1990 (FACTA) . See 

 Section 518.01. 



(b) USDA rules to implement the highly credible leind and wetland 

 conservation provisions of the law are in 7 CFR Part 12. The 

 Conservation Reserve Program regulations are in 7 CFR Part 704 and the 

 Conservation Easement regulations are in 7 CFR Parts 1951 and 1955. 

 See 518.02 through 518.08 of this manual. 



(c) The information in this manual expands and further explains 

 the procedures USDA and SCS use to implement these rules. All SCS 

 personnel assigned responsibility under the highly erodible land and 

 wetland conservation provisions are to have a working Icnowledge of 7 

 CFR Part 12, including the interim rules published June 27, 1986, and 

 the final rules published September 17, 1987, February 11, 1988, and 

 April 23, 1991. 



510.11 Applicability. 



(a) The USDA rule, 7 CFR Part 12, applies to all Federal, state, 

 and local government, private, and Indian lands determined to be 

 highly erodible, wetland, or converted wetland in the 50 states, the 

 Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United 

 States, American Saunoa, the Commonwealth of the Northezm Mariana 

 Islands, and the Trust Territory of the Pacific Islands. 



(b) The rules and regulations apply to all persons who 

 participate in any of the USDA programs listed under Section 510.14. 

 "Person" means an individual, partnership, association, corporation, 

 cooperative, estate, trust, joint venture, joint operation, or other 

 business enterprise or other legal entity and, whenever applic2ible, a 

 State, a political subdivision of a State, or any agency thereof and 

 such person's affiliates as provided in 12.8 of the rule. 



(c) All determinations, exemptions, conditions, and decisions 

 made regarding FSA remain with the land. If a person purchases land 

 on which determinations were made, and the prior owner did not appeal 

 such determinations, the new owner does not have appeal rights 

 regarding those decisions. However, in those cases where a field is 



510-3 



(180-V-NFSAM, Second Ed., Amend. 6, May 1991) 



