Butler
Missouri – Sept. 25, 2013
– Mark Cadle,
State Executive Director for Missouri’s Farm Service Agency (FSA)
cautions agricultural producers to consult with FSA and the Natural
Resources Conservation Service (NRCS) before breaking out new ground
for production as doing so without prior authorization may put a
producer’s federal farm program benefits in jeopardy.
Although
checking with USDA anytime ground is cleared or otherwise converted
is a good business practice, this is especially true for ground that
is considered highly erodible (HEL) or is considered a wetland.
Producers participating in federal farm programs and any person or
entity considered to be an "affiliated person" of the
producer, are subject to regulations pertaining to ground having HEL
or wetland determinations.
“Before
heading out with a dozer to clear a fence line or hiring a contractor
to drain or fill in wet areas in a field, it is extremely important
that you have consulted with our staff to ensure these acres are not
considered highly erodible or wetland acres,” said Cadle. “I
assure you, the hour or so spent working with our staff to make sure
your plans won’t impact these fragile lands before you head to the
field, will be time well spent.”
USDA
enacted Highly Erodible and Wetland Conservation Provisions in 1985
to reduce soil
loss;
reduce sedimentation and improve water quality; preserve the nation’s
wetland; protect
the
nation’s long-term capacity to produce food and fiber; and remove
incentive for persons to
produce
agricultural commodities on highly erodible land or converted
wetlands.
USDA
defines highly erodible land as cropland, hay land or pasture that
can erode at excessive rates. These lands contain soils that have an
erodibility index of eight or more. And, a wetland has a predominance
of wet soils types, is inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support water
tolerant vegetation and, under normal circumstances, supports a
prevalence of such vegetation.
According
to FSA policy, to be in compliance with the highly erodible land and
wetland conservation provisions, producers must agree, by certifying
on FSA’s Form AD-1026, 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.
Any
planned deviation to the agreement having the potential to convert
HEL or wetland acreage, or even land that may not yet have HEL or
wetland determinations, requires that producers update the Form
AD-1026. FSA will notify NRCS and NRCS will then provide highly
erodible land or wetland technical determinations on the acreage in
question.
Cadle
warns that producers participating in FSA and NRCS programs who are
not in compliance with highly erodible land or wetland conservation
compliance provisions are not eligible to receive benefits for most
programs administered by both agencies. And, if a producer has
received program benefits and is later found to be non-complaint,
he/she would be required to refund all payments received and may be
assessed liquidated damages.
“We
realize that between harvest and planning for the 2014 planting
season, producers get busy, but I can’t stress enough the
importance of ensuring that all the i’s are dotted and t’s are
crossed before converting land for production – this includes
former Conservation Reserve Program (CRP) ground,” said Cadle.
“Bottom line… when in doubt, come by our office and you’ll
leave with peace of mind knowing that your eligibility for farm
program benefits is not at risk.”
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