IWLA IWLA Agricultural Agricultural

ProgramProgramBrad Redlin, DirectorBrad Redlin, Director

Conservation Conservation Compliance Provisions:Compliance Provisions:

Key Developments and Key Developments and Lingering IssuesLingering Issues

The Food Security Act of 1985 (Farm Bill)The Food Security Act of 1985 (Farm Bill)Wetlands Conservation (WC) or “Swampbuster”Wetlands Conservation (WC) or “Swampbuster”Highly Erodible Land Conservation (HELC)Highly Erodible Land Conservation (HELC)

““Sodbuster”Sodbuster”Conservation complianceConservation compliance

Swampbuster/WC.Swampbuster/WC. 1990 Farm Bill: required USDA to map all wetlands; establish certification and appeals

process. 1990 Farm Bill: defined swampbusting from the time of conversion rather than from time

that crop was planted; added 6 more USDA programs for possible benefit denial. 1990 Farm Bill: installed graduated sanction (from $750 to $10,000) rather than loss of all

benefits; made available retroactively; available once per producer every 10 yrs. 1990 Farm Bill: expanded exempt wetlands and clarified “minimal effects” exemption. 2002 Farm Bill: prohibit USDA delegate authority for wetland determinations to other

parties.

HEL Conservation.HEL Conservation. 1988 Final Rule: added “economic and

technical feasibility” provision and allowed “alternate conservation systems” erosion reduction above T (set originally) at lower cost to producer; Chief Scaling subsequently mandated alternate systems be made available to all producers.

1990 Farm Bill: installed graduated penalty ($500 to $5,000) under Good Faith exemption available once per producer every 10 yrs.

1990 Farm Bill: added 6 more USDA programs for possible benefit denial and required compliance on HEL land in commodity set aside program of that era.

1996 Farm Bill: provided violators 1 year to meet compliance; created <30 day variances for weather, pest, disease.

1996 Farm Bill: allowed producers to self-certify compliance and modify plans if maintain same level.

1996 Farm Bill: allowed COC to permit relief if conservation system is undue economic hardship.

1996 Farm Bill: delete crop insurance from benefits that can be denied.

The Food, Conservation, and Energy Act of 2008The Food, Conservation, and Energy Act of 2008

All Good Faith determinations must be reviewed at state level.All Good Faith determinations must be reviewed at state level.

Graduated Penalties established for HELC violations.Graduated Penalties established for HELC violations.

2012 Farm Bill…2012 Farm Bill…

Crop Insurance: Compliance exempt and Written

Agreements.

Drainage: Rapid expansion, NRCS

engagement.

Nutrient Management: Setback compliance.