Subpart c - Wetland Exemptions, Mitigation, Restoration, and 



Replacement 



^ 512.26(b) 



(5) Wetland functions and values lost must be replaced; 



(6) Restoration for replacement must be granted before 

 the conversion, never after the conversion. 



(7) Replacement must take place on prior converted 

 cropland; 



(8) All necessary Federal, State, and local permits must 

 be obtained prior to approval of the plan by SCS to replace lost 

 values. The plan shall state it does not exempt the producer from 

 any other wetland protection rules and regulations outside FSA; 



(9) The plan to replace lost values must be concurred 

 with by SCS and agreed to by FWS at all levels; Forward a copy of 

 the signed restoration agreement to the national offices and NTCs 

 of SCS. 



(10) USDA will require an easement on the replacement 

 wetland. 



C512.26 Good faith exemptions (GFW+year) . 



I ) (a) Recmirements . A person who has violated the wetland 



provision of FSA by converting a wetland after November 28, 1990, 

 or by planting an agricultural commodity on a wetland converted 

 after Decemijer 23, 1985, is eligible for graduated sanctions if: 



(1) The person is actively restoring the wetland under a 

 plan approved by SCS and the Fish and Wildlife Service (FWS) , and 



(2) ASCS determines that the person converted the 

 wetland or produced an agricultural commodity on a converted 

 wetland, in good faith and without the intent to violate the 

 wetland provision, and 



(3) There was no prior wetland violation in the past 10 

 years. 



(b) Good faith determination ; Persons who have violated the 

 wetland conservation provisions and want graduated sanctions must 

 apply to ASCS for a determination of Good Faith. ASCS will make a 

 decision based on the following: 



U 



512-41 

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



