Subpart A - General 



Part 512 - WETLAND CONSERVATION 



SUBPART A - GENERAL 



512.01(a) 

 {512.00 Requirements of the law. 



(a) Actions causing ineligibility . A person is ineligible for 

 USDA program benefits if the person: 



(1) Plants an agricultural commodity on a wetland that was 

 converted after December 23, 1985; or 



(2) Conveirts a wetland after November 28, 1990 for the 

 purpose, or to have the effect, of making possible the planting of an 

 agricultural commodity, sugarcane, or forage crop. EXCEPTION: A 

 person is not ineligible if prior to the conversion SCS approved the 

 planting of trees, shrubs, vines, or cranberries; fish production; or 

 building and road construction; and no agricultural commodity was 

 produced on the land; or 



(3) Refuses to allow an SCS official access to the property 

 for purposes of making determinations under this part after filing an 

 AD-1026. 



(4) However, a person is not ineligible for USDA program 

 benefits for a crop that was planted between December 23, 1985, and 

 June 27, 1986. 



(b) Authority . The Soil Conservation Service (SCS) is 

 responsible for determining if a specific area is wetland or converted 

 wetland and whether certain wetland exemptions apply. 



{512.01 Definitions. 



(a) Converted wetland — means wetland that has been drained, 

 dredged, filled, leveled, or otherwise manipulated, including any 

 activity that results in impairing or reducing the flow, circulation, 

 or reach of water, that makes possible the production of an 

 agricultural commodity without further application of the 

 manipulations described herein if: 



- the manipulation took place after December 23, 1985. 



- the production or degree of production would not have 

 been possible but for such action, and 



512-1 

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



