Part 512 - Wetland Conservation 



512.33 



C512.33 Use of third-party-converted wetlands (TP) . 



A third party is any person, organization, or unit of government 

 other than the person applying for USDA benefits or the person's 

 predecessors in interest. Wetlands that are converted by actions 

 of a third party may be used to produce an agricultural commodity 

 without loss of USDA benefits. 



(a) Further drainage improvement on such lands is not 

 permitted by the person without loss of eligibility for USDA 

 program benefits, unless SCS determines that further drainage 

 activities applied to such lands would have minimal effect on any 

 remaining wetland values. 



(b) Converted wetlands are presumed to have been converted by 

 the person applying for USDA program benefits unless the person can 

 show that the conversion was caused by a third party with whom the 

 person was not associated through a scheme or device. 



(c) The person is responsible for providing support 

 information on the extent to which a third party drained subject 

 wetlands. 



(d) The district conservationist will document the scope and 

 effect of third-party conversions of wetland in the case file at 

 the time the wetland determinations are made. 



(e) Actions of a water resource district, drainage district, 

 or similar entity are not considered third-party actions. If the 

 conversion was beyond the control of the person and the area was 

 not used by the person for the production of an agricultural 

 commodity or forage crops are not harvested by mechanical means, 

 the person will not be ineligible for USDA program benefits. 



{512.34 Use of other wetlands. . 



(a) Natural wetland (\J) ., These are wetlands that have not had 

 the water regime altered or woody vegetation removed. Persons may 

 farm such wetlands and maintain eligibility only if water regimes 

 are not altered or the woody vegetation is not removed. An 

 agricultural commodity may be produced on wetlands where the 

 production was made possible as a result of natural conditions, 

 such as drought, and the production is possible without an action 

 by the person that destroys a natural wetland characteristic. 



512-52 



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



