What's Up at the USDA Office?
Upcoming Deadlines/Dates
May 14: 2025 deadline to complete spring CRP Mid-Contract Management (MCM) activities
May 15-August 1: Primary Nesting Season (PNS)
May 31: Deadline to request a Marketing Assistance Loan (MALs) for 2024 farm stored or warehouse stored grain
USDA Conservation Compliance
The U.S. Department of Agriculture (USDA) places high importance on maintaining productive land and a healthy environment. Part of that commitment is reducing soil erosion and preserving wetlands. Soil erosion reduces the fertility of the nation’s farmland and harms water quality in our lakes and rivers. Wetlands serve a vital role in protecting water quality, re-charging groundwater and reducing the impact and frequency of flooding.
To be in compliance with the highly erodible land conservation and wetland conservation provisions, producers must agree, by certifying on Form AD1026 (Highly Erodible Land Conservation and Wetland Conservation Certification), that they will not:
• Produce an agricultural commodity on highly erodible land without a conservation system;
• Plant an agricultural commodity on a converted wetland;
• Convert a wetland to make possible the production of an agricultural commodity.
Producers planning to remove fence rows, convert woodlots to cropland, combine crop fields, divide a crop field into two or more fields, install new drainage, or improve or modify existing drainage, must notify the FSA and update Form AD-1026.
The USDA Natural Resources Conservation Service (NRCS) and the Farm Service Agency (FSA) administer programs that assist agricultural producers and protect our natural resources. By law, these agencies are required to verify that all producers benefiting from these programs comply with the Highly Erodible Land (HEL) and Wetland Conservation (WC) Provisions of the 1985 Food Security Act (Farm Bill), as amended. We often receive questions about compliance, some of the common ones can be found below.
Is compliance with the HEL and WC provisions mandatory?
If a producer chooses to participate in USDA programs, then they are legally required to comply with the HEL and WC provisions of the Farm Bill. What is HEL? HEL is cropland, hayland or pasture that can erode at an excessive rate because of the soil’s properties leading to long-term decreased productivity. HEL 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 fields designated as HEL according to an NRCS-approved conservation plan or system that provides a substantial reduction of potential soil loss. Fields that are designated as Not Highly Erodible Land (NHEL) do not have to meet these requirements.
Can I farm wetlands that were converted to commodity crop production after December 23, 1985?
The law allows participants to farm a wetland under natural conditions, meaning the land was not drained, cleared of woody vegetation, or otherwise manipulated to allow farming. If a wetland was manipulated and converted to allow for production of an agricultural commodity, that wetland would be labeled a converted wetland (CW or CW+year). USDA participants who convert a wetland are in violation of the WC provisions of the Farm Bill and will no longer be eligible for USDA programs. USDA participants who plant an agricultural commodity on a converted wetland may also be in violation and jeopardize their USDA benefits.
What is the bottom line for USDA participants regarding HEL and WC compliance?
For USDA participants, compliance with HEL and WC provisions is the law. Failure to comply with the law can result in loss of future USDA program payments and/or the forced repayment of past benefits.
What if I have questions?
Contact us at your local USDA Service Center. NRCS can provide information on authorized uses and maintenance for all types of wetlands, as well as information regarding wetland restoration and mitigation for converted wetlands. NRCS can also determine if the current cropping system and management of HEL fields meets the requirements of an approved conservation system.
