HELC/WC Training

1. HELC/WC Training Highly Erodible Land Conservation/Wetland Conservation Compliance Provo, Utah - February 2006

2. NFSAM Part 510 – HELC General Provisions

3. Legislative Authority • The Food Security Act of 1985 (FSA) • The Food, Agriculture, Conservation, and Trade Act of 1990 (FACTA) • The Federal Agriculture Improvement and Reform Act of 1996 (FAIRA) • The Farm Security and Rural Investment Act of 2002 (FSRIA) • Codified in 16 U.S.C. 2801 through 3824

4. Governing Regulations (Rule) • 7 CFR Part 12, Highly Erodible Land and Wetland Conservation (Interim-Final Rule 9/6/1996) • 7 CFR 610, Subpart B, Soil Erosion Prediction Equations (Final Rule 6/4/1996)

5. Agency Policy & Procedure • NRCS – National Food Security Act Manual (NFSAM) http://policy.nrcs.usda.gov/scripts/lpsiis.dll/M/M_180.htm • 3rd Edition, (paper only) Parts 510, 511, 512, 518, 519, 521, 522, 523, 524, 525, 526, 527, 528 (HELC) • 4th Edition, (online) Parts 510, 511, 512, 518, 519, and 520 (HELC and Compliance/Quality Reviews) • 5th Edition, (In draft)

6. Objectives of HELC • Remove incentives for persons who – • Produce ag commodities on highly erodible land without adequate conservation treatment • Reduce nonpoint source pollution • Reduce soil loss from wind and water erosion • Protect the Nation’s long term capability to produce food and fiber • Reduce sedimentation and improve water quality

7. Farm loans Disaster payments Commodity payments such as AMTA CRP CSP EQIP FRPP GRP WRP WHIP So what is it really all about? • Program participants must be in compliance with HELC and WC provisions to remain eligible to receive government benefits. Programs affected include:

8. FSA Policy • FSA Handbook, 6-CP • Supplemental Handbooks include: • 2-CP – Acreage and Compliance • 2-CM – Farm Reconstitutions • 8-LP – Loans and Deficiency Payments • 1-DAP – Disaster Programs • 3-CM – Farm, Tract, & Crop Data http://dmis.fsa.usda.gov/rware/home.html#86082

9. HELC Requirements • Must apply an approved conservation system when producing annually tilled ag. commodity crops on fields determined to be HEL: • Substantial reduction in soil erosion (pre- Dec 23, 1985) • No substantial increase in soil erosion (sodbusted from native vegetation after Dec 23, 1985) • Participant is responsible to seek timely assistance for determinations and must certify that he/she is in compliance

10. HELC Requirements • Participant must file an AD-1026 to have the determinations made • Signing of the AD-1026 grants USDA employees legal access to the land for purposes of HELC and WC • Refusal of access will result in immediate ineligibility of USDA benefits subject to HELC and WC

11. NRCS Responsibilities • Make HEL determinations (including predominance) (must have form AD-1026 or FSA-569) • Determine: • If the conservation plan/system being applied is adequate (Plans/systems can be approved by NRCS, CD, or be determined to be adequate by NRCS) • If a plan/system is being actively applied • If failure to apply plan/system is technical and minor in nature, has a minimal effect on soil protection, or if a temporary variance should be granted

12. FSA Responsibilities • Establish & maintain field/tract boundaries, numbers, & acreage • Maintain HEL and W determinations on aerial maps • Determine if persons are eligible/ineligible for USDA benefits and if they quality for a good faith waiver • Require program participants to complete an AD-1026 and implement conservation systems on HEL planted to an agricultural commodity