Part 512 - Wetland Conservation 



512.24(b) (7) (iii) (A) 



(A) <1;1 . If a landowner offers less than 

 one-to-one acreage but offers to return the restored area to its 

 pristine (nonfarmed) condition, this may be accepted if approved by 

 SCS and FWS at the state level. 



(B) >1:1 . If SCS and FWS feel that a greater 

 than one-to-one restoration is required, the person will be 

 permitted to appeal the requirement that the restoration be more 

 than one to one. 



(8) Review . The state conservationist must develop a 

 review policy for all mitigated wetlands. 



{512.23 Restoration of wetlands converted after November 28, 1990 

 that are NOT in good faith. (RVW+year) 



(a) Persons may restore a wetland in order to produce xinder 

 natural conditions in the future on wetlands converted between 

 December 23, 1985, and November 28, 1990; and to regain eligibility 

 on converted wetlands that are converted after November 28, 1990, 

 which ASCS determined were not in good faith. Restored wetlands 

 can only be farmed under natural conditions if they were farmed 

 prior to conversion. 



(b) Restoration will not enable a person to recoup USDA 

 program benefits for past years. 



(c) Agreements to restore wetland values may be approved for 

 all converted wetlands. The restoration must be on the converted 

 site and all lost values must be restored. The person who 

 converted the wetland must document pre-conversion conditions. 



(d) The effective date of the restoration will be the first 

 crop year after the "agreed-to-items" have been restpred as 

 outlined in the agreement. Restoration cannot be used 

 retroactively to have past benefits restored. Restoration can be 

 used to permit a person to farm the converted area under natural 

 conditions if it was farmed before the conversion and to help a 

 person regain eligibility if a wetland was converted after 

 November 28, 1990, and was found not to be in good faith. 



512-38 



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



