Highly Erodible Land and Wetland Conservation (HELC/WC) Compliance Provisions

The Food Security Act of 1985, as amended, provides dis-incentives to farmers and ranchers who produce annually tilled agricultural commodity crops on highly erodible cropland without adequate erosion protection.  In addition, these dis-incentives apply to farmers and ranchers who produce annually tilled agricultural commodities or make possible the production of agricultural commodities on land classified as wetlands.

Objectives

• Reduce soil losses on the Nation's cropland from the effects of wind and water erosion.
• Protect the Nation's long-term capability to produce food and fiber.
• Reduce sedimentation and improve water quality.
• Preserve and protect the Nation's wetlands.

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2002 Compliance Key Points (137 KB)
2005 Wetland Determination Key Points and Rationale for Withdrawal from the Ag MOA (31.25 KB) 
2005 Joint Guidance for NRCS and the Army Corps of Engineers on Conducting Wetland Determinations for the Food Security Act of 1985 and Section 404 of the Clean Water Act (403.25 KB) 

Specific Requirements and Information

• Highly Erodible Land Conservation and Sodbuster Requirements
• Wetland Conservation Provisions (Swampbuster)

National Food Security Act Manual (NFSAM)

The National Food Security Act Manual (NFSAM) 5th Edition will be out soon.  It is comprised of 12 parts, covering both the highly erodible land conservation and wetland conservation compliance provisions.  This edition will be available online in its entirety.  In the meantime, copies of the 3rd Edition, covering the wetland conservation provisions may be requested by calling the Management Services Division, Phyllis I. Williams, Directives Manager at 301-504-2170 or sending an email to: phyllis.williams@wdc.usda.gov 

3rd Edition

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Part 527 Appendix

4th Edition

There are no hard copy versions of these parts available. Parts may be downloaded from the NRCS policy website at http://policy.nrcs.usda.gov/scripts/lpsiis.dll/M/M_180.htm.

All information regarding appeals of HELC/WC adverse decisions shall be administered using the policy set forth in the Conservation Programs Manual, Part 510, Appeals and Mediation.

2002 Farm Bill Changes

The 2002 Farm Bill, Section 2002(a)(2) added the following provision to the HELC/WC provisions:

The 2002 Farm Bill, Sections 2002(a)(2) and 2002(b) added the following provision to both the Highly Erodible Land (Sodbuster) and Wetland Conservation (Swampbuster) provisions: 

Only a qualified NRCS employee has the authority to make determinations regarding a person's compliance with these provisions. 

Rules

• HELC/WC Interim-Final Rule, 7 CFR 12
• Soil Loss Equation 7 CFR 610
• Wetland Protection Rule, 7 CFR 650

Audits

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Office of the Inspector General (OIG) Audit 10099-8-KC, (578.69 KB)
General Accounting Office (GAO) Audit GAO-03-418, (3,663.32 KB)

Compliance Training

The following documents require Microsoft Powerpoint or Microsoft Windows Media Player .

2002 Farm Bill Compliance Training Presentation (4.2 MB)

October 2003, HELC/WC Compliance Training Presentation (893 KB)
This presentation was given at an all employees meeting held in Marshalltown, IA and may be used as is. This presentation contains the most current regulatory information.

June 24, 2004 HELC/WC Compliance Training - OIG and GAO Audit Recommendations; Statutory and Regulatory Requirements of Compliance; Compliance Status Reviews; Questions and Answers (186.50 KB)

June 24, 2004, HELC/WC Compliance NetMeeting Playback, (1:06:21) East Region Session (47,644.94 KB)

June 24, 2004, HELC/WC Compliance NetMeeting Playback, (1:07:26) Central Region Session (48,396.29 KB)

June 24, 2004, HELC/WC Compliance NetMeeting Playback, (1:02:34) West Region Session (44,928.55) KB
 

Program Contacts

Beth Schuler, Conservation Compliance Program Manager, 615-646-9741
David Howard, National Wetland Conservation Specialist, 202-690-2825