Title XII of the Food Security Act of 1985, as amended (1985 Farm Bill) outlines the Highly Erodible Land (HEL) and Wetland Conservation (WC) provisions. Previously known as the Soil Conservation Service, the Natural Resources Conservation Service (NRCS) works with producers to develop and implement approved conservation plans that keep erosion at acceptable levels and establish minimum crop residue requirements on HEL lands. Compliance with HEL and WC is mandatory to maintain eligibility for most USDA programs like federal crop insurance, disaster assistance, crop price support programs (Agriculture Risk and Price Loss Coverage), Conservation Reserve Program, Conservation Stewardship Program, emergency conservation programs, Noninsured Crop Disaster Assistance Program, farm loans, Environmental Quality Incentives Program and more. 

Wind erosion is a prominent concern across Montana. For example, the Golden Triangle region experiences some of the highest wind energy values of any cropped land in the continental United States.

Land with a HEL determination must maintain adequate crop residue to address wind and water erosion. For a field with no cropping history prior to December 23, 1985, soil erosion from wind must be maintained at or below the soil loss tolerance level for erosion. For a field farmed before December 23, 1985, soil erosion from wind needs a 75% reduction of erodibility, not to exceed two times the soil loss tolerance. The main way to stop erosion is to maintain adequate residue (dead plant material) and vegetation (live plant material) on the soil surface, especially November through April. 

Drought and poor crop yields can make residue management a challenge. A crop rotation plan should include high-residue crops like small grains and safflower. Fallow years should use low-residue crops like pulse or oilseed crops with high-residue crops such as cereal crops. 

Larger fields are more susceptible to erosion than smaller fields. Orient fields so that the longest part of the field runs north to south and the narrowest part of the field runs east to west, parallel to the prevailing westerly winds. Consider keeping the field size at 200 acres or less in size and plant shrubs or grasses as windbreaks at the field edges on the windward side.

Water erosion must also be controlled as part of the HEL provisions. Water erosion is not usually a first concern for low precipitation areas. However, when rain or snow comes quickly or on frozen soils, concentrated runoff flows can result in ephemeral gully erosion. The presence of an ephemeral gully on cropland is a violation of the 1985 Food Security Act and must be addressed. This could mean constructing grassed waterways, earthwork to reshape the area, or possibly reseeding areas to grass. More residue and vegetation on the entire field can also help to slow water movement. A smaller field size reduces the slope distance that the water travels which reduces water erosion. In addition, consider seeding areas that are prone to gully erosion in fallow years. In crop years, double seeding the area and seeding perpendicular to the direction of water flow can help reduce soil erosion by keeping the topsoil in place and the operation in compliance.

Violations to the Food Security Act can jeopardize USDA program benefits or payments until the non-compliance is corrected. Contact a local USDA Service Center for questions or more information.

More resources about soil erosion and soil health are available on the NRCS Montana website at nrcs.usda.gov/Montana.