Part 512 - Wetland Conservation 



512.26(b) (1) 



(1) Information provided by the person regarding the 

 circximstances surrounding the violation and any evidence indicating 

 the violation was in good faith, and not a scheme or device to 

 avoid compliance, and 



(2) Information provided by SCS including: 



- facts relating to the case 



- whether the person was officially informed of the 

 wetlemd determination 



- whether there was direct consultation by SCS with 

 the person concerning the wetland prior to the violation 



- whether there was a previous violation of the 

 wetland conservation provision by the person. 



(c) Graduated payment reductions . When a restoration plan has 

 been approved by SCS, FWS and the person, ASCS will be informed on 

 Form AD-1069 and the person will be eligible for graduated 

 sanctions. The entire restoration must be completed within 12 

 months. The person's USDA benefits shall be reduced by not less 

 than $750 or more than $10,000. The amovmt of the graduated 

 payment reduction shall be based on the Graduated Payment Reduction 

 Worksheet (AD-1069) outlined in (b) above. Persons who have had 

 benefits withheld will have those benefits restored, less the 

 amount of the graduated payment reduction will be based on the 

 seriousness of the violation as determined from the Graduated 

 Payment Reduction Worksheet which provides the following 

 information: (See Form AD-1069, Exhibit 516.19.) 



(1) the amount of wetland (acres) (CW+year) that was 

 converted that made possible agricultural production, or the 

 acreage of converted wetland (CW) planted to an agricultural 

 commodity, 



(2) the information availeible to the person prior to the 

 violation, 



(3) the previous land-use patterns in and arotmd the 

 wetland basin, and 



(4) the amount of time required to restore hydrologic 

 and vegetative functions and values to the basin's pre-conversion 

 condition as determined by SCS with FWS. 



512-42 



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



