Part 512 - Wetland Conservation 



512.21(e) (7) (iv) 



Since the period of consideration for minimal effects 

 is from the date of conversion until completely restored, the 

 wetland must be completely restored prior to determination of 

 minimal effects so that the period and conditions are known. 



{512.22 Mitigation (MIW) . 



(a) Requirements . Mitigation for lost wetland values, 

 acreage, and function on frequently cropped wetlands and wetlands 

 converted between December 23, 1985, and November 28, 1990, will be 

 effective for the crop year noted in the agreement. The effective 

 date cannot be earlier than one crop year after the agreement is 

 signed by SCS, FWS, and the person and an easement is recorded for 

 the mitigated area. Mitigation can only be used to regain USDA 

 program benefits for future crop years. 



(b) Applicability . Exemptions for future crop production may 

 be granted for areas that are mitigated through the restoration of 

 another "prior converted cropland." This exemption applies to 

 frequently cropped converted wetlands as well as to wetlands 

 converted between December 23, 1985, and November 28, 1990, that 

 have not had an agricultural commodity planted on them in any year 

 that the person was enrolled in USDA programs. Such mitigation 

 will permit a person to plant on the converted wetland without 

 being ineligible for future USDA benefits. Frequently cropped 

 wetlands are areas that were farmed more years than not, as 

 determined from ASCS records. Persons requesting mitigation must 

 follow the following: 



(1) Timing of request . The person must request the 

 mitigation exemption prior to violation of the wetland provision. 



(i) For frequently cropped wetlands, the request 

 for mitigation must be made before the conversion activity is 

 commenced. 



(ii) For wetlands converted between 

 December 23, 1985, and November 28, 1990, the request for 

 mitigation must be made before an agricultural commodity is planted 

 on the converted wetland. 



(2) . Restoration plan . A restoration plan for the 

 mitigation must be approved by SCS in agreement with FWS prior to 

 the restoration. 



512-34 



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



