Part 512 - Wetland Conservation 



512.28(b) 



(b) Commenced conversions (CC) . If the conversion of a 

 wetland began before December 23. 1985 ^ a person may apply for a 

 determination that would encOale the person to complete the 

 conversion and produce an agricultural commodity on the converted 

 wetland without losing USDA benefits. 



(1) The conversion of a wetland may be determined by 

 ASCS to have commenced if: 



(i) any of the construction activities including 

 flood water reductions that would convert wetland were actually 

 started ; or 



(ii) the person applying for benefits has expended 

 or legally committed substantial fvinds either by entering into a 

 contract or by purchasing construction supplies or material for the 

 direct purpose of converting the wetland. 



(2) For lands that are within the boundaries of a 

 drainage district or similar entity, the conversion of a wetland is 

 considered to have been commenced if before December 23, 1985: 



(i) a project drainage plan which includes detailed 

 planned drainage measures has been officially adopted, and 



(ii) the district or other entity started 

 installation of the drainage measures, or legally committed 

 substantial funds toward the conversion of wetlands by entering 

 into a contract or by purchasing construction supplies and/or 

 materials to convert wetland (s) , and 



(iii) the person applying for benefits can show 

 that the wetland conversion with which the person is associated was 

 the basis of a financial obligation to the district or other entity 

 and a specific assessment for the project construction or a legal 

 obligation to pay a specific assessment was made for the person's 

 land prior to December 23, 1985. 



(3) The following requirements apply to all commenced 

 determinations : 



512-46 



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



