On December 23, 1985 Congress enacted the Food Security Act which linked United States Department of Agriculture (USDA) program eligibility to certain conditions. These conditions, known as the highly erodible land (HEL) and wetland conservation (WC) provisions, were enacted to:
- Reduce soil loss due to wind and water erosion;
- Protect the Nation's long-term capability to produce food and fiber;
- Reduce sedimentation and improve water quality; and
- Assist in preserving the values, acreage, and functions of the Nation's wetlands.
Highly Erodible Land
The Food Security Act's highly erodible land (HEL) provisions are designed to protect the Nation's long-term capability to produce food and fiber. HEL is land that can erode at an excessive rate because of soil properties, leading to long-term decreased productivity. Highly erodible land is designated on a field basis and based on the proportion of the total field acreage that contains highly erodible soils. Producers of agricultural commodities must manage HEL fields according to an NRCS approved conservation plan or conservation system. Learn more about highly erodible land conservation provisions here.
|
USDA Updates Determination Process for Conservation Provisions to Highly Erodible Land and Wetlands
The U.S. Department of Agriculture (USDA) published its final rule on determining whether land is considered highly erodible or a wetland, integrating input from the public and making updates in accordance with the 2018 Farm Bill. This final rule follows a focused effort by USDA’s Natural Resources Conservation Service (NRCS) to improve consistency and use of science in making determinations. Read the press release here.
|
Wetlands
The Food Security Act's wetland conservation provisions are designed to preserve the values, acreage, and functions of the Nation's wetlands. A wetland is an area that is inundated or saturated by surface or ground water at a duration to support plants adapted to grow in water. A wetland also has a predominance of hydric, or wet, soils. In general, producers may farm these areas when conditions permit but may not convert the wetland through removal of water or trees. Producers also cannot plant an agricultural commodity on a wetland previously converted by someone else. Learn more about wetland conservation provisions here.
In order to maintain eligibility for most USDA programs, producers must comply with the Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) provisions, agreeing they will not:
- Produce an agricultural commodity on highly erodible land without an adequate conservation system;
- Plant an agricultural commodity on a converted wetland;
- Convert a wetland to make possible the production of an agricultural commodity.
How to Ensure Compliance
Producers self-certify compliance by filing Form AD-1026 when enrolling in USDA programs. If unsure if an Form AD-1026 is filed for your land, contact a Farm Service Agency (FSA) representative at your local USDA Service Center.
Once the form is accurately completed and filed, it remains effective, unless changes to the agricultural operation occur and/or new activities arise which change the previous self-certification (for example, the intent to bring new land into production or install new drainage structures). The form is not specific to a particular crop. It covers all land that a producer farms.
Technical Determinations
The filing of the Form AD-1026 may trigger USDA to provide a determination to the producer in order to communicate whether the identified field contains wetlands or has highly erodible lands. The Natural Resources Conservation Service (NRCS) is responsible for making these determinations. Many determinations can be made using off-site methods. NRCS develops a preliminary technical determination for the producer to review and a new or additional field visit can be requested through an appeal. Learn more about Technical Determinations, including appeals, here.
The Natural Resources Conservation Service (NRCS) is responsible for providing program participants technical assistance and determinations to assist them in complying with the provisions. Visit our National Five Steps to Conservation Compliance webpage for information on how to make sure that your operation complies with these provisions.
HELC / WC Provision Contact:
Name: Manuel Matos Rodríguez
Title: State Soil Scientist
Phone: 787-405-7600
Email: manuel.matos@usda.gov
|
Caribbean Area - Puerto Rico & the U.S. Virgin Islands HELC/WC Technical Resources
Given the geographical differences of wetlands, soils, and climate in each State and Territory; information and technical resources specific to Caribbean Area implementation of the HELC/WC provisions are provided below:
Caribbean Area HELC/WC Fact Sheets
- Caribbean Area Mitigation Fact Sheet (English: PDF, 263 KB; Spanish: PDF, 232 KB)
- Caribbean Area Certified Wetland Determination Fact Sheet (English: PDF, 263 KB; Spanish: PDF, 232 KB)
Take me back to: National NRCS Conservation Provision Webpage
