I 



» 



> 



Subpart D - Use and Requirements of Wetlands 



PART 512 - WETLAND CONSERVATION 

 SUBPART D - USE AND REQUIREMENTS OF WETLANDS 



512.31(a) (1) 

 t512.30 Use of prior converted croplands (PC). 



(a) Except for potholes, playas, and seasonally flooded or 

 ponded areas that still meet the wetland criteria, wetlands that 

 were converted prior to December 23, 1985, are not subject to the 

 provisions of FSA. Therefore, drainage facilities installed on 

 prior converted croplands may be improved or maintained as desired 

 by the person, provided no additional wetland is converted and 

 cropping or management of the prior converted cropland is not 

 abandoned. See Exhibit 516.09 for a precedent diagram. 



(b) Wetlands that have a commenced conversion determination 

 are considered prior converted cropland when the commenced 

 activities are completed and the area meets the criteria for prior 

 converted croplands. Otherwise, map the area according to the 

 conditions found. All commenced activities must be completed 

 before January 1, 1995, to receive the (PC) determination. 



(c) The person may not convert additional wetland acres beyond 

 that which was determined to be commenced. 



{512.31 Use of converted wetlands (CW, CW+year, CWTE, and CWNA) . 



(a) Converted wetlands between FSA and FACTA fCW) 



(1) Wetlands that were converted between 

 December 23, 1985 and November 28, 1990, and are not subject to an 

 exemption cannot be used to produce an agricultural commodity 

 without causing the person to lose eligibility for USDA benefits. 

 These areas may be used for production of crops that are not 

 agricultural commodities, such as perennial forage crops, pears, 

 apples, or oranges. However, wetlands converted for production of 

 crops that are not agricultural commodities but that are later used 

 for production of agricultural commodity crops will cause the 

 producer to become ineligible. 



512-49 

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



