Subpart C - Wetland Exemptions, Mitigation, Restoration, and 



Replacement 



^ 512.28(a) 



(g) The restoration plan may be approved by the district 

 conservationist and a representative of FWS. If agreement between 

 the DC and FWS on the restoration plan cannot be reached at the 

 local level, such determinations will be referred to the state 

 conservationist. The state conservationist may approve the plan, 

 but will report the lack of agreement to the Director of the 

 Conservation Planning Division within 30 days. FWS will report the 

 lack of agreement to their national office. 



(h) Determination: When the person is actively restoring the 

 wetland, the Converted Wetland plus year (CW+year) will be changed 

 to either MlW+year (Mitigation) , RPW+year (Replacement) , RSW+year 

 (Restoration) , or GFW+year (Good Faith Wetland) . If the person 

 violates the restoration agreement, or fails to install restoration 

 measures as planned, the new determination will be removed and 

 replaced with a CW+year that the person failed to meet the 

 restoration requirements. If the wetland was converted after 

 November 28, 1990, the person will be ineligible for all USDA 

 program benefits until the wetland is restored to conditions that 

 existed prior to conversion. 



{512.28 Wetland exemptions determined by ASCS. 



(a) Third party conversion (TP^ . FSA exempts wetlands that 

 I are converted after December 23, 1985, by actions of persons other 

 than the person applying for USDA benefits, or any of the person's 

 predecessors in interest, if the conversion is not the result of a 

 scheme or device. Further drainage improvements cannot be made 

 without loss of USDA benefits. The third party conversion must be 

 for purposes other than to increase agricultural production. If 

 the conversion is done by a drainage district, watershed district, 

 or similar entity, the action will be attributed to the person 

 assessed by the drainage district or similar entity, and the person 

 applying for benefits will be considered to have caused or 

 permitted the drainage. These are not considered third-party 

 conversions. However, if a wetland is converted by a drainage 

 district after November 28, 1990, and the conversion is beyond the 

 person's control, the person will not become ineligible for USDA 

 program benefits unless an agricultural commodity is planted or, 

 hay, or forage crop is harvested by mechanical means. 



I 



512-45 

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



