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News Release

Conservation Compliance and USDA Benefits

Indianapolis, December 20, 2013 – Indiana leaders at the USDA Farm Service Agency (FSA) and Natural Resources Conservation Service (NRCS) are issuing an important reminder to program participants about conservation compliance. “Despite the expiration of many farm bill programs, the 1985 Conservation Compliance provisions remain intact,” stated FSA State Executive Director Julia A. Wickard.

These Highly Erodible Land (HEL) Conservation (HELC) and Wetland Conservation Compliance (WC) provisions affect eligibility for nearly all FSA and NRCS programs. This includes loans, direct payments, conservation, and disaster programs.

“NRCS technical experts make these determinations and FSA maintains the official records of USDA determinations,” noted Jane Hardisty, NRCS State Conservationist. “It is a joint USDA effort to assist Indiana landowners in protecting environmentally sensitive lands.”

Farmers who produce an agricultural commodity on fields where HEL is predominant are eligible for benefits unless NRCS determines that an acceptable conservation system is not actively applied.

Under the Wetland Conservation Compliance (WC) Provisions, farmers are ineligible for benefits if they plant an agricultural commodity on a wetland that was converted after Dec. 23, 1985 or if they convert a wetland after Nov. 28, 1990, by draining, dredging, filling, leveling or any other means for the purpose, or to have the effect, of making the production of an agricultural commodity possible.

It is vital that landowners and operators know their land and have a record of all NRCS technical determinations. If activities are planned to make crop production possible, producers should visit the FSA to review records and complete the forms to determine whether a referral to NRCS is necessary. This is especially important when new farming interests are acquired, as activities performed by prior landowners and operators can have an adverse effect on eligibility for current benefits. For example, the owner of a property cleared a wooded area in 2010 and then sold the land in 2012. If the new owner plants a crop on the cleared area and it is later found to be a converted wetland, there is a potential for a loss of program benefits.

“When acquiring a new farm it is very important to compare the recent imagery with the actual cropping lines in the field and get copies of any technical determinations on file,” stated Wickard. “NRCS staff can provide technical assistance to assist landowners, but it is vital that assistance be requested and determinations are completed before the action is taken,” added Hardisty.

Producers should contact their local Farm Service Agency (FSA) office for additional details.

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