REG 7 CFR PART 12-2012 HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION.pdf

1、380 7 CFR Subtitle A (1112 Edition) 11.33 but if the requester is dissatisfied with the response, the NAD official involved shall advise the requester to submit a written request in accordance with paragraph (a) of this section. The date of receipt of such a request for pur-poses of 1.12(a) of this

2、title shall be the date of receipt of the written re-quest. For recordkeeping purposes, the NAD official responding to an oral re-quest for information may ask the re-quester to also submit his or her re-quest in writing. (e) If a request for records or a fee waiver under this subpart is denied, the

3、 person making the request shall have the right to appeal the denial. Request-ers also may appeal NAD decisions re-garding a requesters status for pur-poses of fee levels under section 5 of Appendix A, subpart A of part 1 of this title. All appeals must be in writing and addressed to the official de

4、signated in 11.33. To facilitate processing of an appeal, the phrase FOIA APPEAL should be placed in capital letters on the front of the envelope. (f) NAD shall develop and maintain a record of all written and oral FOIA re-quests and FOIA appeals received by NAD, which shall include, in addition to

5、any other information, the name of the requester, brief summary of the in-formation requested, an indication of whether the request or appeal was de-nied or partially denied, the FOIA ex-emption(s) cited as the basis for any denials, and the amount of fees associ-ated with the request or appeal. 11.

6、33 Appeals. Any person whose initial FOIA re-quest is denied in whole or in part may appeal that denial to the Director, Na-tional Appeals Division, U.S. Depart-ment of Agriculture, 3101 Park Center Drive, Suite 1113, Alexandria, Virginia 22302. The Director will make the final determination on the

7、appeal. APPENDIX A TO SUBPART C OF PART 11 LIST OF ADDRESSES This list provides the titles and mailing addresses of officials who have custody of NAD records. This list also identifies the normal working hours, Monday through Fri-day, excluding holidays, during which public inspection and copying of

8、 certain kinds of records is permitted. Director, National Appeals Division, U.S. De-partment of Agriculture, 3101 Park Center Drive, Suite 1113, Alexandria, Virginia 22302, Hours: 8 a.m.5 p.m. Regional Assistant Director, Eastern Region, National Appeals Division, U.S. Depart-ment of Agriculture, 3

9、500 DePauw Boule-vard, Suite 2052, Indianapolis, Indiana 46268, Hours: 8 a.m.5 p.m. Regional Assistant Director, Southern Re-gion, National Appeals Division, U.S. De-partment of Agriculture, 7777 Walnut Grove Road, LLB1, Memphis, Tennessee 38120, Hours: 8 a.m.5 p.m. Regional Assistant Director, West

10、ern Re-gion, National Appeals Division, U.S. De-partment of Agriculture, 755 Parfet Street, Suite 494, Lakewood, Colorado 802155506, Hours: 8 a.m.5 p.m. PART 12HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION Subpart AGeneral Provisions Sec. 12.1 General. 12.2 Definitions. 12.3 Applicability. 12.4 Dete

11、rmination of ineligibility. 12.5 Exemption. 12.6 Administration. 12.7 Certification of compliance. 12.8 Affiliated persons. 12.9 Landlords and tenants. 12.10 Scheme or device. 12.11 Action based upon advice or action of USDA. 12.12 Appeals. Subpart BHighly Erodible Land Conservation 12.20 NRCS respo

12、nsibilities regarding high-ly erodible land. 12.21 Identification of highly erodible lands criteria. 12.22 Highly erodible field determination criteria. 12.23 Conservation plans and conservation systems. Subpart CWetland Conservation 12.30 NRCS responsibilities regarding wet-lands. 12.31 On-site wet

13、land identification criteria. 12.32 Converted wetland identification cri-teria. 12.33 Use of wetland and converted wetland. 12.34 Paperwork Reduction Act assigned number. AUTHORITY: 16 U.S.C. 3801, 3812, and 3822(h). SOURCE: 61 FR 47025, Sept. 6, 1996, unless otherwise noted. VerDate Mar2010 11:10 F

14、eb 02, 2012 Jkt 226012 PO 00000 Frm 00390 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-381 Office of the Secretary, USDA 12.2 Subpart AGeneral Provisions 12.1 General. (a

15、) Scope. This part sets forth the terms and conditions under which a person who produces an agricultural commodity on highly erodible land or designates such land for conservation use, plants an agricultural commodity on a converted wetland, or converts a wetland shall be determined to be in-eligibl

16、e for certain benefits provided by the United States Department of Agri-culture (USDA) and agencies and in-strumentalities of USDA. (b) Purpose. The purpose of the provi-sions of this part are to remove certain incentives for persons to produce agri-cultural commodities on highly erod-ible land or c

17、onverted wetland and to thereby (1) Reduce soil loss due to wind and water erosion; (2) Protect the Nations long-term ca-pability to produce food and fiber; (3) Reduce sedimentation and im-prove water quality; and (4) Assist in preserving the values, acreage, and functions of the Nations wetlands. 6

18、1 FR 47025, Sept. 6, 1996, as amended at 76 FR 82077, Dec. 30, 2011 12.2 Definitions. (a) General. The following definitions shall be applicable for the purposes of this part: Agricultural commodity means any crop planted and produced by annual tilling of the soil, including tilling by one-trip plan

19、ters, or sugarcane. CCC means the Commodity Credit Corporation, a wholly-owned govern-ment corporation within USDA orga-nized under the provisions of 15 U.S.C. 714 et seq. Conservation District (CD) means a subdivision of a State or local govern-ment organized pursuant to the appli-cable law to deve

20、lop and implement soil and water conservation activities or programs. Conservation plan means the docu-ment that (1) Applies to highly erodible crop-land; (2) Describes the conservation system applicable to the highly erodible crop-land and describes the decisions of the person with respect to locat

21、ion, land use, tillage systems, and conservation treatment measures and schedules; and (3) Is approved by the local soil con-servation district in consultation with the local committees established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5) and th

22、e Natural Resources Conservation Service (NRCS) for pur-poses of compliance with this part. Conservation system means a combina-tion of one or more conservation meas-ures or management practices that are (1) Based on local resource condi-tions, available conservation tech-nology, and the standards a

23、nd guide-lines contained in the NRCS field office technical guides (available from NRCS State offices); and (2) Designed for purposes of this part to achieve, in a cost-effective and tech-nically practicable manner, a substan-tial reduction in soil erosion or a sub-stantial improvement in soil condi

24、-tions on a field or group of fields con-taining highly erodible cropland when compared to the level of erosion or soil conditions that existed before the ap-plication of the conservation measures and management practices. Conservation use or set aside means cropland that is designated as con-servat

25、ion-use acreage, set aside, or other similar designation for the pur-pose of fulfilling provisions under any acreage-limitation or land-diversion program administered by the Secretary of Agriculture requiring that the pro-ducer devote a specified acreage to con-servation or other non-crop production

26、 uses. Creation of a wetland means the devel-opment of the hydrologic, geochemical, and biological components necessary to support and maintain a wetland where a wetland did not previously exist. Any wetland established on a non-hydric soil will be considered a created wetland. Department means the

27、United States Department of Agriculture (USDA). Enhancement of a wetland means the alteration of an existing wetland to in-crease its specific functions and values. VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00391 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD w

28、ith CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-382 7 CFR Subtitle A (1112 Edition) 12.2 Enhancement actions include new ca-pabilities, management options, struc-tures, or other actions to influence one or several functions and values. Erodibi

29、lity index means a numerical value that expresses the potential erodibility of a soil in relation to its soil loss tolerance value without con-sideration of applied conservation practices or management. FSA means the Farm Service Agency, an agency of USDA which is generally responsible for administe

30、ring com-modity production adjustment and cer-tain conservation programs of USDA. Field means a part of a farm that is separated from the balance of the farm by permanent boundaries such as fences, roads, permanent waterways, or other similar features. At the option of the owner or operator of the f

31、arm, croplines may also be used to delineate a field if farming practices make it probable that the croplines are not sub-ject to change. Any highly erodible land on which an agricultural com-modity is produced after December 23, 1985, and is not exempt under 12.5(a), shall be considered part of the

32、 field in which the land was included on Decem-ber 23, 1985, unless, to carry out this title, the owner and FSA agree to mod-ify the boundaries of the field. Highly erodible land means land that has an erodibility index of 8 or more. Hydric soils means soils that, in an undrained condition, are satu

33、rated, flooded, or ponded long enough during a growing season to develop an anaer-obic condition that supports the growth and regeneration of hydrophytic vegetation. Hydrophytic vegetation means plants growing in water or in a substrate that is at least periodically deficient in oxy-gen during a gro

34、wing season as a result of excessive water content. Landlord means a person who rents or leases farmland to another person. Local FSA office means the county of-fice of the Farm Service Agency serv-ing the county or a combination of counties in the area in which a persons land is located for adminis

35、trative pur-poses. NIFA means the National Institute of Food and Agriculture, an agency of USDA which is generally responsible for coordinating the information and educational programs of USDA. NRCS means the Natural Resources Conservation Service, an agency within USDA which is generally responsibl

36、e for providing technical assistance in matters of natural resources conserva-tion and for administering certain con-servation programs of USDA. Operator means the person who is in general control of the farming oper-ations on the farm during the crop year. Owner means a person who is deter-mined to

37、 have legal ownership of farm-land and shall include a person who is purchasing farmland under contract. Person means an individual, partner-ship, association, corporation, coopera-tive, estate, trust, joint venture, joint operation, or other business enterprise or other legal entity and, whenever a

38、p-plicable, a State, a political subdivi-sion of a State, or any agency thereof, and such persons affiliates as provided in 12.8 of this part. Restoration of a wetland means the re- establishment of wetland conditions, including hydrologic condition or na-tive hydrophytic vegetation, to an area wher

39、e a wetland had previously ex-isted. Secretary means the Secretary of USDA. Sharecropper means a person who per-forms work in connection with the pro-duction of a crop under the supervision of the operator and who receives a share of such crop for such labor. Soil map unit means an area of the lands

40、cape shown on a soil map which consists of one or more soils. State means each of the 50 states, the District of Columbia, the Common-wealth of Puerto Rico, Guam, the Vir-gin Islands of the United States, Amer-ican Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of th

41、e Pacific Islands. Tenant means a person usually called a cash tenant, fixed-rent tenant, or standing rent tenant who rents land from another for a fixed amount of cash or a fixed amount of a com-modity to be paid as rent; or a person (other than a sharecropper) usually called a share tenant who ren

42、ts land from another person and pays as rent a VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00392 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-383 Office of

43、 the Secretary, USDA 12.2 share of the crops or proceeds there-from. A tenant shall not be considered the farm operator unless the tenant is determined to be the operator pursuant to this part and 7 CFR part 718. Wetland, except when such term is a part of the term converted wetland, means land that

44、 (1) Has predominance of hydric soils; (2) Is inundated or saturated by sur-face or groundwater at a frequency and duration sufficient to support a preva-lence of hydrophytic vegetation typi-cally adapted for life in saturated soil conditions; and (3) Under normal circumstances does support a preval

45、ence of such vegeta-tion, except that this term does not in-clude lands in Alaska identified as hav-ing a high potential for agricultural de-velopment and a predominance of per-mafrost soils. Wetland determination means a deci-sion regarding whether or not an area is a wetland, including identificat

46、ion of wetland type and size. A wetland deter-mination may include identification of an area as one of the following types of wetland (1) Artificial wetland is an area that was formerly non-wetland, but now meets wetland criteria due to human activities, such as: (i) An artificial lake or pond creat

47、ed by excavating or diking land that is not a wetland to collect and retain water that is used primarily for live-stock, fish production, irrigation, wild-life, fire control, flood control, cran-berry growing, or rice production, or as a settling pond; or (ii) A wetland that is temporarily or incide

48、ntally created as a result of adja-cent development activity; (2) Commenced-conversion wetland is a wetland, farmed wetland, farmed-wet-land pasture, or a converted wetland on which conversion began, but was not completed, prior to December 23, 1985. (3) Converted wetland is a wetland that has been

49、drained, dredged, filled, leveled, or otherwise manipulated (in-cluding the removal of woody vegeta-tion or any activity that results in im-pairing or reducing the flow and cir-culation of water) for the purpose of or to have the effect of making possible the production of an agricultural com-modity without further application of the manipulations described herein if: (i) Such production would not have been possible but for such