QACOMMAGMISC\99-198 - Food Security Act Of 1985.xml 

Sec. 1201 FOOD SECURITY ACT OF 1985 26 

TITLE XII—CONSERVATION 4 

SUBTITLE A—DEFINITIONS 

DEFINITIONS 

SEC. 1201. [16 U.S.C. 3801] (a) For purposes of subtitles A 

through I: 

(1) The term "agricultural commodity" means— 

(A) any agricultural commodity planted and produced 

in a State by annual tilling of the soil, including tilling by 

one-trip planters; or 

(B) sugarcane planted and produced in a State. 

(2) BEGINNING FARMER OR RANCHER.—The term "beginning 

farmer or rancher" has the meaning given the term in section 

343(a)(8) of the Consolidated Farm and Rural Development Act 

(7 U.S.C. 1991(a)(8)). 

(3) CONSERVATION PLAN.—The term "conservation plan" 

means the document that— 

(A) applies to highly erodible cropland; 

(B) describes the conservation system applicable to the 

highly erodible cropland and describes the decisions of the 

person with respect to location, land use, tillage systems, 

and conservation treatment measures and schedule; and 

(C) is approved by the local soil conservation 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 the Secretary, 

or by the Secretary. 

(4) CONSERVATION SYSTEM.—The term "conservation system" means a combination of 1 or more conservation measures 

or management practices that— 

(A) are based on local resource conditions, available 

conservation technology, and the standards and guidelines 

contained in the Natural Resources Conservation Service 

field office technical guides; and 

(B) are designed to achieve, in a cost effective and 

technically practicable manner, a substantial reduction in 

soil erosion or a substantial improvement in soil conditions 

on a field or group of fields containing highly erodible cropland when compared to the level of erosion or soil conditions that existed before the application of the conservation measures and management practices. 

(5) The term "conservation district" means any district or 

unit of State or local government formed under State or territorial law for the express purpose of developing and carrying 

out a local soil and water conservation program. Such district 

or unit of government may be referred to as a "conservation 

district", "soil conservation district", "soil and water conserva4Section 2903(a) of the Food, Conservation, and Energy Act of 2008 (P.L. 110-246;122 Stat. 

1819) provided: "Except as otherwise provided by an amendment made by this title, the Secretary of Agriculture shall continue to carry out any program or activity covered by title XII 

of the Food Security Act (16 U.S.C. 3801 et seq.) until September 30, 2008, using the provisions 

of law applicable to the program or activity as they existed on the day before the date of the enactment of this Act and using funds made available under such title for fiscal year 2008 for 

the program or activity.". 

December 20, 2018 
Q:\COMP\AGMISC\99-198- Food Security Act Of 1985.xml 

27 FOOD SECURITY ACT OF 1985 Sec. 1201 

tion district", "resource conservation district", "natural resource district", "land conservation committee", or a similar 

name. 

(6) The term "cost sharing payment" means a payment 

made by the Secretary to an owner or operator of a farm or 

ranch containing highly erodible cropland under the provisions 

of section 1234 (b) of this Act. 

(7)(A) The term "converted wetland" means wetland that 

has been drained, dredged, filled, leveled, or otherwise manipulated (including any activity that results in impairing or reducing the flow, circulation, or reach of water) for the purpose or 

to have the effect of making the production of an agricultural 

commodity possible if— 

(i) such production would not have been possible but 

for such action; and 

(ii) before such action— 

(I) such land was wetland; and 

(II) such land was neither highly erodible land nor 

highly erodible cropland. 

(B) Wetland shall not be considered converted wetland 

if production of an agricultural commodity on such land 

during a crop year— 

(i) is possible as a result of a natural condition, 

such as drought; and 

(ii) is not assisted by an action of the producer 

that destroys natural wetland characteristics. 

(8) FARM.—The term "farm" means a farm that— 

(A) is under the general control of one operator; 

(B) has one or more owners; 

(C) consists of one or more tracts of land, whether or 

not contiguous; 

(D) is located within a county or region, as determined 

by the Secretary; and 

(E) may contain lands that are incidental to the production of perennial crops, including conserving uses, forestry, and livestock, as determined by the Secretary. 

(9) FIELD.—The term "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 

farm, croplines may also be used to delineate a field if farming 

practices make it probable that the croplines are not subject to 

change. Any highly erodible land on which an agricultural commodity is produced after December 23, 1985, and that is not 

exempt under section 1212, shall be considered as part of the 

field in which the land was included on December 23, 1985, 

unless the owner and Secretary agree to modification of the 

boundaries of the field to carry out this title. 

(10) The term "highly erodible cropland" means highly 

erodible land that is in cropland use, as determined by the Secretary. 

(11)(A) The term "highly erodible land" means land— 

(i) that is classified by the Soil Conservation Service 

as class IV, VI, VII, or VIII land under the land capability 

December 20, 2018 
Q:\COMP\AGMISC\99-198- Food Security Act Of 1985.xml 

Sec. 1201 FOOD SECURITY ACT OF 1985 28 

classification system in effect on the date of the enactment 

of this Act; or 

(ii) that has, or that if used to produce an agricultural 

commodity, would have an excessive average annual rate 

of erosion in relation to the soil loss tolerance level, as established by the Secretary, and as determined by the Secretary through application of factors from the universal 

soil loss equation and the wind erosion equation, including 

factors for climate, soil erodibility, and field slope. 

(B) For purposes of this paragraph, the land capability 

class or rate of erosion for a field shall be that determined by 

the Secretary to be the predominant class or rate of erosion 

under regulations issued by the Secretary. 

(C) EQUATIONS.—Not later than 60 days after the date 

of enactment of this subparagraph, the Secretary shall 

publish in the Federal Register the universal soil loss 

equation and wind erosion equation used by the Department of Agriculture as of that date. The Secretary may not 

change the equations after that date except following notice and comment in a manner consistent with section 553 

of title 5, United States Code. 

(12) The term "hydric soil" means soil that, in its 

undrained condition, is saturated, flooded, or ponded long 

enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic 

vegetation. 

(13) The term "hydrophytic vegetation" means a plant 

growing in— 

(A) water; or 

(B) a substrate that is at least periodically deficient in 

oxygen during a growing season as a result of excessive 

water content. 

(14) INDIAN TRIBE.—The term "Indian tribe" has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). 

(15) The term "in-kind commodities" means commodities 

that are normally produced on land that is the subject of an 

agreement entered into under subtitle D. 

(16) INTEGRATED PEST MANAGEMENT.—The term "integrated pest management" means a sustainable approach to 

managing pests by combining biological, cultural, physical, and 

chemical tools in a way that minimizes economic, health, and 

environmental risks. 

(17) LrvEgrocm—The term "livestock" means all animals 

raised on farms, as determined by the Secretary. 

(18) NONINDUSTRIAL PRIVATE FOREST LAND.—The term 

"nonindustrial private forest land" means rural land, as determined by the Secretary, that— 

(A) has existing tree cover or is suitable for growing 

trees; and 

(B) is owned by any nonindustrial private individual, 

group, association, corporation, Indian tribe, or other private legal entity that has definitive decisionmaking authority over the land. 

December 20, 2018 
Q\COMP\AGMISC\99-198 - Food Security Act Of 1985.xml 

29 FOOD SECURITY ACT OF 1985 Sec. 1201 

(19) PERSON AND LEGAL ENTITY.—For purposes of applying 

payment limitations under subtitle D, the terms "person" and 

"legal entity" have the meanings given those terms in section 

1001(a) of this Act (7 U.S.C. 1308(a)). 

(20) The term "rental payment" means a payment made by 

the Secretary to an owner or operator of a farm or ranch containing highly erodible cropland to compensate the owner or 

operator for retiring such land from crop production and placing such land in the conservation reserve in accordance with 

subtitle D. 

(21) The term "Secretary" means the Secretary of Agriculture. 

(22) The term "shelterbelt" means a vegetative barrier 

with a linear configuration composed of trees, shrubs, and 

other approved perennial vegetation. 

(23) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—The 

term "socially disadvantaged farmer or rancher" has the meaning given the term in section 2501(e)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 

2279(e)(2)). 

(24) The term "State" means each of the 50 States, the 

District of Columbia, the Commonwealth of Puerto Rico, 

Guam, the Virgin Islands of the United States, American 

Samoa, the Commonwealth of the Northern Mariana Islands, 

or the Trust Territory of the Pacific Islands. 

(25) TECHNICAL ASSISTANCE.—The term "technical assistance" means technical expertise, information, and tools necessary for the conservation of natural resources on land active 

in agricultural, forestry, or related uses. The term includes the 

following: 

(A) Technical services provided directly to farmers, 

ranchers, and other eligible entities, such as conservation 

planning, technical consultation, and assistance with design and implementation of conservation practices. 

(B) Technical infrastructure, including activities, processes, tools, and agency functions needed to support delivery of technical services, such as technical standards, resource inventories, training, data, technology, monitoring, 

and effects analyses. 

(26) The term "vegetative cover" means— 

(A) perennial grasses, legumes, forbs, or shrubs with 

an expected life span of 5 or more years; or 

(B) trees. 

(27) The term "wetland", except when such term is part of 

the term "converted wetland", means land that— 

(A) has a predominance of hydric soils; 

(B) is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a 

prevalence of hydrophytic vegetation typically adapted for 

life in saturated soil conditions; and 

(C) under normal circumstances does support a prevalence of such vegetation. For purposes of this Act, and any 

other Act, this term shall not include lands in Alaska idenDecember 20, 2018 
Q\COMP\AGMISC\99-198 - Food Security Act Of 1985.xi-n1 

Sec. 1211 FOOD SECURITY ACT OF 1985 30 

tified as having high potential for agricultural development which have a predominance of permafrost soils. 

(b) The Secretary shall develop— 

(1) criteria for the identification of hydric soils and 

hydrophytic vegetation; and 

(2) lists of such soils and such vegetation. 

SUBTITLE B—HIGHLY ERODIBLE LAND CONSERVATION 

SEC. 1211. [16 U.S.C. 3811] PROGRAM INELIGIBILITY. 

(a) IN GENERAL.—Except as provided in section 1212, and notwithstanding any other provision of law, any person who in any 

crop year produces an agricultural commodity on a field on which 

highly erodible land is predominant, or designates land on which 

highly erodible land is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity, as determined by the Secretary shall be ineligible for— 

(1) as to any commodity produced during that crop year by 

such person— 

(A) contract payments under a production flexibility 

contract, marketing assistance loans, and any type of price 

support or payment made available under the Agricultural 

Market Transition Act, the Commodity Credit Corporation 

Charter Act (15 U.S.C. 714 et seq.), or any other Act; 

(B) a farm storage facility loan made under section 

4(h) of the Commodity Credit Corporation Charter Act (15 

U.S.C. 714b(h)); 

(C) a disaster payment; 

(D) a loan made, insured, or guaranteed under the 

Consolidated Farm and Rural Development Act (7 U.S.C. 

1921 et seq.) or any other provision of law administered by 

the Consolidated Farm Service Agency, if the Secretary determines that the proceeds of such loan will be used for a 

purpose that will contribute to excessive erosion of highly 

erodible land; or 

(E) any portion of the premium paid by the Federal 

Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 

et seq.), on the condition that if a person is determined to 

have committed a violation under this subsection during a 

crop year, ineligibility under this subparagraph shall— 

(i) only apply to reinsurance years subsequent to 

the date of final determination of a violation, including 

all administrative appeals; and 

(ii) not apply to the existing reinsurance year or 

any reinsurance year prior to the date of final determination; 

(2) a payment made under section 4 or 5 of the Commodity 

Credit Corporation Charter Act (15 U.S.C. 714b or 714c) during such crop year for the storage of an agricultural commodity 

acquired by the Commodity Credit Corporation; or 

(3) during the crop year— 

December 20, 2018 
Q:\COMPkAGMISC\99-198- Food Security Act Of 1985.xml 

31 FOOD SECURITY ACT OF 1985 Sec. 1212 

(A) a payment made pursuant to a contract entered 

into under the environmental quality incentives program 

under subchapter A of chapter 4 of subtitle D; 

(B) a payment under any other provision of subtitle D; 

(C) a payment under section 401 or 402 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 2202); or 

(D) a payment, loan, or other assistance under section 

3 or 8 of the Watershed Protection and Flood Prevention 

Act (16 U.S.C. 1003 and 1006a). 

(b) HIGHLY ERODIBLE LAND.—The Secretary shall have, and 

shall not delegate to any private person or entity, authority to determine whether a person has complied with this subtitle. 

EXEMPTIONS 

SEC. 1212. [16 U.S.C. 3812] (a)(1) During the period beginning 

on the date of the enactment of this Act and ending on the later 

of January 1, 1990, or the date that is 2 years after the date land 

on which a crop of an agricultural commodity is produced was 

mapped by the Soil Conservation Service for purposes of classifying 

such land under the land capability classification system in effect 

on the date of enactment of this Act, except as provided in paragraph (2), no person shall become ineligible under section 1211 for 

program loans, payments, and benefits as the result of the production of a crop of an agricultural commodity on any land that was— 

(A) cultivated to produce any of the 1981 through 1985 

crops of an agricultural commodity; or 

(B) set aside, diverted or otherwise not cultivated under a 

program administered by the Secretary for any such crops to 

reduce production of an agricultural commodity. 

(2) ELIGIBILITY BASED ON COMPLIANCE WITH CONSERVATION 

PLAN.— 

(A) IN GENERAL.—If, as of January 1, 1990, or 2 years 

after the Soil Conservation Service has completed a soil 

survey for the farm, whichever is later, a person is actively 

applying a conservation plan, such person shall have until 

January 1, 1995, to comply with the plan without being 

subject to program ineligibility. 

(B) MINIMIZATION OF DOCUMENTATION.—In carrying 

out this subsection, the Secretary, Soil Conservation Service, and local soil conservation districts shall minimize the 

quantity of documentation a person must submit to comply 

with this paragraph. 

(C) CROP INSURANCE.— 

(i) OPERATIONS NEW TO COMPLIANCE.—Notwithstanding section 1211(a), in the case of a person that 

is subject to section 1211 for the first time solely due 

to the amendment made by section 2611(a) of the Agricultural Act of 2014, any person who produces an agricultural commodity on the land that is the basis of 

the payments described in section 1211(a)(1)(E) shall 

have 5 reinsurance years after the date on which such 

payments become subject to section 1211 to develop 

and comply with an approved conservation plan so as 

to maintain eligibility for such payments. 

December 20, 2018 
December 20, 2018 

Q\COMP\AGMISC\99-198 - Food Security Act Of 1985.xml 

Sec. 1212 FOOD SECURITY ACT OF 1985 32 

(ii) EXISTING OPERATIONS WITH PRIOR VIOLATIONS.—Notwithstanding section 1211(a), in the case 

of a person that the Secretary determines would have 

been in violation of section 1211(a) if the person had 

continued participation in the programs requiring 

compliance at any time after the date of enactment of 

the Agricultural Act of 2014 and is currently in violation of section 1211(a), the person shall have 2 reinsurance years after the date on which the payments 

described in section 1211(a)(1)(E) become subject to 

section 1211 to develop and comply with an approved 

conservation plan, as determined by the Secretary, so 

as to maintain eligibility for such payments. 

(iii) APPLICABLE REINSURANCE YEAR.—Ineligibility 

for the payment described in section 1211(a)(1)(E) for 

a violation under this subparagraph during a crop 

year shall— 

(I) only apply to reinsurance years subsequent 

to the date of a final determination of a violation, 

including all administrative appeals; and 

(II) not apply to the existing reinsurance year 

or any reinsurance year prior to the date of the 

final determination. 

(3) Any person who owns or operates highly erodible land that 

was the subject of a contract entered into under subchapter B of 

chapter 1 of subtitle D shall only be required to apply a conservation plan established under this subtitle. The person shall not be 

required to meet a higher conservation standard than the standard 

applied to other highly erodible cropland located within the same 

area. If the person's conservation plan requires structures to be 

constructed, the person shall have until 2 years after the expiration 

of such contract to comply with the conservation plan, or a longer 

period of time if the Secretary determines compliance is otherwise 

technically or economically not feasible, or such longer period is 

otherwise appropriate, before such person will be subject to program ineligibility with respect to such land under section 1211. 

(4) On the expiration of a contract entered into under subchapter B of chapter 1 of subtitle D, the provisions of this subtitle 

shall apply to the acreage that was the subject of such contract. 

(b) No person shall become ineligible under section 1211 for 

program loans, payments, and benefits as the result of the production of a crop of an agricultural commodity— 

(1) planted before the date of enactment of this Act; or 

(2) planted during any crop year beginning before the date 

of enactment of this Act. 

(c) No person shall become ineligible under section 1211 for 

program loans, payments, and benefits as the result of the production of a crop of an agricultural commodity or the designation of 

land to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity (hereafter 

in this subsection referred to as "set aside")— 

(1) on highly erodible land in an area— 
Q:\COMP\AGMISC\99-198- Food Security Act Of 1985.xml 

33 FOOD SECURITY ACT OF 1985 Sec. 1212 

(A) within a conservation district, under a conservation system that has been approved by a conservation district after the district has determined that the conservation system is in conformity with technical standards set 

forth in the Soil Conservation Service technical guide for 

such district; or 

(B) not within a conservation district, under a conservation system determined by the Secretary to be adequate for the protection of highly erodible land that has 

been set aside or for the production of such agricultural 

commodity on any highly erodible land subject to this title; 

Or 

(2) on highly erodible land that is planted or set aside in 

reliance on a determination by the Soil Conservation Service 

that such land was not highly erodible land, except that this 

paragraph shall not apply to any agricultural commodity that 

was planted or set aside on any land after the Soil Conservation Service determines that such land is highly erodible land; 

Or 

(3) on highly erodible land planted to alfalfa during each 

of the 1981 through 1985 crop years as part of a rotation practice approved by the Secretary, if the person has submitted a 

conservation plan, in which case, such person shall have until 

June 1, 1988, to comply with the plan without being subject to 

program ineligibility under section 1211. 

(d) Section 1211 shall not apply to a loan described in section 

1211 made before the date of enactment of this Act. 

(e) If a tenant is determined to be ineligible for payments and 

other benefits under section 1211, the Secretary may limit such ineligibility only to the farm which is the basis for such ineligibility 

determination if— 

(1) the tenant has established to the satisfaction of the 

Secretary that— 

(A) the tenant has made a good faith effort to meet the 

requirements of this section, including enlisting the assistance of the Secretary to obtain a reasonable conservation 

plan for such farm; and 

(B) the landlord on the farm refuses to comply with 

such plan on such farm; and 

(2) the Secretary determines that such lack of compliance 

is not a part of a scheme or device to avoid such compliance. 

The Secretary shall provide an annual report to the Committee on 

Agriculture of the House of Representatives and the Committee on 

Agriculture, Nutrition, and Forestry of the Senate concerning the 

ineligibility determinations limited during the previous 12-month 

period under this subsection. 

(f) GRADUATED PENALTIES.— 

(1) INELIGIBILITY.—No person shall become ineligible 

under section 1211 for program loans, payments, and benefits 

as a result of the failure of the person to actively apply a conservation plan, if the Secretary determines that the person has 

acted in good faith and without an intent to violate this subtitle. 

December 20, 2018 
December 20, 2018 

QACOMMAGMISC\99-198 - Food Security Act Of 1985.xml 

Sec. 1212 FOOD SECURITY ACT OF 1985 34 

(2) ELIGIBLE REVIEWERS.—A determination of the Secretary, or a designee of the Secretary, under paragraph (1) 

shall be reviewed by the applicable— 

(A) State Executive Director, with the technical concurrence of the State Conservationist; or 

(B) district director, with the technical concurrence of 

the area conservationist. 

(3) PERIOD FOR IMPLEMENTATION.—A person who meets 

the requirements of paragraph (1) shall be allowed a reasonable period of time, as determined by the Secretary, but not to 

exceed 1 year, during which to implement the measures and 

practices necessary to be considered to be actively applying the 

conservation plan of the person. 

(4) PENALTIES.— 

(A) APPLICATION.—This paragraph applies if the Secretary determines that— 

(i) a person has failed to comply with section 1211 

with respect to highly erodible cropland, and has acted 

in good faith and without an intent to violate section 

1211; or 

(ii) the violation— 

(I) is technical and minor in nature; and 

(II) has a minimal effect on the erosion control purposes of the conservation plan applicable 

to the land on which the violation has occurred. 

(B) REDUCTION.—If this paragraph applies under subparagraph (A), the Secretary shall, in lieu of applying the 

ineligibility provisions of section 1211, reduce program 

benefits described in section 1211 that the producer would 

otherwise be eligible to receive in a crop year by an 

amount commensurate with the seriousness of the violation, as determined by the Secretary. 

(5) SUBSEQUENT CROP YEARS.—Any person whose benefits 

are reduced for any crop year under this subsection shall continue to be eligible for all of the benefits described in section 

1211 for any subsequent crop year if, prior to the beginning of 

the subsequent crop year, the Secretary determines that the 

person is actively applying a conservation plan according to the 

schedule specified in the plan. 

(g) The Secretary, in providing assistance to an individual in 

the preparation or revision of a conservation plan under this section, shall provide such individual with information— 

(1) concerning cost effective and applicable erosion control 

measures that may be available to such individual to meet the 

requirements of this section; and 

(2) concerning crop flexibility, base adjustment, and conservation assistance options that may be available to such individual to meet the requirements of this section, including the 

provisions of titles X, XII, and XIII of the Food, Agriculture, 

Conservation, and Trade Act of 1990 (or the amendments made 

by such titles). 

(h) Section 1211 shall not apply to the noncommercial production of agricultural commodities on a farm if such production is 

limited to two acres or less and if the Secretary determines that 
Q:\COMP\AGMISC\99-198- Food Security Act Of 1985.xml 

35 FOOD SECURITY ACT OF 1985 Sec. 1213 

such production is not intended to circumvent the conservation requirements otherwise applicable to lands under this subtitle. 

SEC. 1213. [16 U.S.C. 3812a] DEVELOPMENT AND IMPLEMENTATION OF 

CONSERVATION PLANS AND CONSERVATION SYSTEMS. 

(a) TECHNICAL REQUIREIVLENTS.—In connection with the standards and guidelines contained in Natural Resources Conservation 

Service field office technical guides applicable to the development 

and use of conservation measures and management practices as 

part of a conservation system, the Secretary shall ensure that the 

standards and guidelines permit a person to use a conservation 

system that— 

(1) is technically and economically feasible; 

(2) is based on local resource conditions and available conservation technology; 

(3) is cost-effective; and 

(4) does not cause undue economic hardship on the person 

applying the conservation system under the person's conservation plan. 

(b) MEASUREMENT OF EROSION REDUCTION.—For the purpose 

of determining whether there is a substantial reduction in soil erosion on a field containing highly erodible cropland, the measurement of erosion reduction achieved by the application of a conservation system under a person's conservation plan shall be based on 

the estimated annual level of erosion at the time of the measurement compared to the estimated annual level of erosion that existed before the implementation of the conservation measures and 

management practices provided for in the conservation system. 

(c) RESIDUE MEASUREMENT.— 

(1) RESPONSIBILITIES OF THE SECRETARY.—For the purpose 

of measuring the level of residue on a field, the Secretary 

shall— 

(A) take into account any residue incorporated into the 

top 2 inches of soil, as well as the growing crop, in the 

measurement; 

(B) provide technical guidelines for acceptable residue 

measurement methods; 

(C) provide a certification system for third parties to 

perform residue measurements; and 

(D) provide for the acceptance and use of information 

and data voluntarily provided by the producer regarding 

the field. 

(2) ACCEPTANCE OF PRODUCER MEASUREMENTS.—Annual 

residue measurements supplied by a producer (including measurements performed by a certified third party) shall be used by 

the Secretary if the Secretary determines that the measurements indicate that the residue level for the field meets the 

level required under the conservation plan. 

(d) CERTIFICATION OF COMPLIANCE.— 

(1) IN GENERAL—For the purpose of determining the eligibility of a person for program benefits specified in section 1211 

at the time application is made for the benefits, the Secretary 

shall permit the person to certify that the person is complying 

with the person's conservation plan. 

December 20, 2018 
December 20, 2018 

Q:\COMP\AGMISC\99-198- Food Security Act Of 1985.xml 

Sec. 1214 FOOD SECURITY ACT OF 1985 36 

(2) STATUS REVIEWS.—If a person makes a certification 

under paragraph (1), the Secretary shall not be required to 

carry out a review of the status of compliance of the person 

with the conservation plan under which the conservation system is being applied. 

(3) REWSIONS AND MODIFICATIONS.—The Secretary shall 

permit a person who makes a certification under paragraph (1) 

with respect to a conservation plan to revise the conservation 

plan in any manner, if the same level of conservation treatment provided for by the conservation system under the person's conservation plan is maintained. The Secretary may not 

revise the person's conservation plan without the concurrence 

of the person. 

(4) CROP INSURANCE PREMIUM ASSISTANCE.—For the purpose of determining the eligibility of a person for the payment 

described in section 1211(a)(1)(E), the Secretary shall apply the 

procedures described in section 1221(c)(3)(E) and coordinate 

the certification process so as to avoid duplication or unnecessary paperwork. 

(e) TECHNICAL ASSISTANCE.—The Secretary shall, using available resources and consistent with the Secretary's other conservation responsibilities and objectives, provide technical assistance to 

a person throughout the development, revision, and application of 

the conservation plan and any conservation system of the person. 

At the request of the person, the Secretary may provide technical 

assistance regarding conservation measures and management practices for other lands of the person that do not contain highly erodible cropland. 

(f) ENCOURAGEMENT OF ON-FARM RESEARCH.—To encourage 

on-farm conservation research, the Secretary may allow a person to 

include in the person's conservation plan or a conservation system 

under the plan, on a field trial basis, practices that are not currently approved but that the Secretary considers have a reasonable 

likelihood of success. 

SOIL SURVEYS 

SEC. 1214. [16 U.S.C. 38131 The Secretary shall, as soon as 

is practicable after the date of enactment of this Act, complete soil 

surveys on those private lands that do not have a soil survey suitable for use in determining the land capability class for purposes 

of this subtitle. In carrying out this section, the Secretary shall, insofar as possible, concentrate on those localities where significant 

amounts of highly erodible land are being converted to the production of agricultural commodities. 

SEC. 1215. [16 U.S.C. 3814] NOTICE AND INVESTIGATION OF POSSIBLE 

COMPLIANCE DEFICIENCIES. 

(a) IN GENERAL.—An employee of the Department of Agriculture who observes a possible compliance deficiency or other potential violation of a conservation plan or this subtitle while providing on-site technical assistance shall provide to the responsible 

persons, not later than 45 days after observing the possible violation, information regarding actions needed to comply with the plan 
Q:\COMP\AGMISC\99-198- Food Security Act Of 1985.xml 

37 FOOD SECURITY ACT OF 1985 Sec. 1221 

and this subtitle. The employee shall provide the information in 

lieu of reporting the observation as a compliance violation. 

(b) CORRECTIVE ACTION.—The responsible persons shall attempt to correct the deficiencies as soon as practicable after receiving the information. 

(c) REVIEW.—If the corrective action is not fully implemented 

not later than 1 year after the responsible persons receive the information, the Secretary may conduct a review of the status of compliance of the persons with the conservation plan and this subtitle. 

Subtitle C—Wetland Conservation 

SEC. 1221. [16 U.S.C. 3821] PROGRAM INELIGIBILITY. 

(a) PRODUCTION ON CONVERTED WETLAND.—Except as provided 

in this subtitle and notwithstanding any other provision of law, any 

person who in any crop year produces an agricultural commodity 

on converted wetland, as determined by the Secretary, shall be— 

(1) in violation of this section; and 

(2) ineligible for loans or payments in an amount determined by the Secretary to be proportionate to the severity of 

the violation. 

(b) INELIGIBILITY FOR CERTAIN LOANS AND PAYMENTS.—If a 

person is determined to have committed a violation under subsection (a) during a crop year, the Secretary shall determine which 

of, and the amount of, the following loans and payments for which 

the person shall be ineligible: 

(1) Contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market 

Transition Act, the Commodity Credit Corporation Charter Act 

(15 U.S.C. 714 et seq.), or any other Act. 

(2) A loan made or guaranteed under the Consolidated 

Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or 

any other provision of law administered by the Consolidated 

Farm Service Agency, if the Secretary determines that the proceeds of the loan will be used for a purpose that will contribute 

to conversion of a wetland (other than as provided in this subtitle) to produce an agricultural commodity. 

(3) During the crop year: 

(A) A payment made pursuant to a contract entered 

into under the environmental quality incentives program 

under subchapter A of chapter 4 of subtitle D. 

(B) A payment under any other provision of subtitle D. 

(C) A payment under section 401 or 402 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 2202). 

(D) A payment, loan, or other assistance under section 

3 or 8 of the Watershed Protection and Flood Prevention 

Act (16 U.S.C. 1003 and 1006a). 

(c) INELIGIBILITY FOR CROP INSURANCE PREMIUM ASSISTANCE.— 

(1) REQUIREMENTS.— 

(A) IN GENERAL—If a person is determined to have 

committed a violation under subsection (a) or (d) during a 

crop year, the person shall be ineligible to receive any payDecember 20, 2018 
CIACOMP\AGMISC\99-198 - Food Security Act Of 1985.xml 

Sec. 1221 FOOD SECURITY ACT OF 1985 38 

ment of any portion of premium paid by the Federal Crop 

Insurance Corporation for a plan or policy of insurance 

under the Federal Crop Insurance Act (7 U.S.C. 1501 et 

seq.) pursuant to this subsection. 

(B) APPLICABILITY.—Ineligibility under this subsection 

shall— 

(i) only apply to reinsurance years subsequent to 

the date of a final determination of a violation, including all administrative appeals; and 

(ii) not apply to the existing reinsurance year or 

any reinsurance year prior to the date of the final determination. 

(2) CONVERSIONS.— 

(A) IN GENERAL.—Notwithstanding paragraph (1), ineligibility for crop insurance premium assistance shall 

apply in accordance with this paragraph. 

(B) NEW CONVERSIONS.—In the case of a wetland that 

the Secretary determines was converted after the date of 

enactment of the Agricultural Act of 2014— 

(i) the person shall be ineligible to receive crop insurance premium subsidies in subsequent reinsurance 

years unless the Secretary determines that an exemption pursuant to section 1222 applies; or 

(ii) for any violation that the Secretary determines 

impacts less than 5 acres of an entire farm, the person 

may pay a contribution in an amount equal to 150 percent of the cost of mitigation, as determined by the 

Secretary, to the fund described in section 1241(f) for 

wetland restoration in lieu of ineligibility to receive 

crop insurance premium assistance. 

(C) PRIOR CONVERSIONS.—In the case of a wetland 

that the Secretary determines was converted prior to the 

date of enactment of the Agricultural Act of 2014, ineligibility under this subsection shall not apply. 

(D) CONVERSIONS AND NEW POLICIES OR PLANS OF INSURANCE.—In the case of an agricultural commodity for 

which an individual policy or plan of insurance is available 

for the first time to the person after the date of enactment 

of the Agricultural Act of 2014— 

(i) ineligibility shall apply only to conversions that 

take place after the date on which the policy or plan 

of insurance first becomes available to the person; and 

(ii) the person shall take such steps as the Secretary determines appropriate to mitigate any prior 

conversion in a timely manner but not to exceed 2 reinsurance years. 

(3) LIMITATIONS.— 

(A) MITIGATION REQUIRED.—Except as otherwise provided in this paragraph, a person subject to a final determination, including all administrative appeals, of a violation described in subsection (d) shall have 1 reinsurance 

year to initiate a mitigation plan to remedy the violation, 

as determined by the Secretary, before becoming ineligible 

under this subsection in the following reinsurance year to 

December 20, 2018 
QACOMP\AGMISC\99-198 - Food Security Act Of 1985.xml 

39 FOOD SECURITY ACT OF 1985 Sec. 1221 

receive any payment of any portion of the premium paid 

by the Federal Crop Insurance Corporation for a policy or 

plan of insurance under the Federal Crop Insurance Act (7 

U.S.C. 1501 et seq.). 

(B) PERSONS COVERED FOR THE FIRST TIME.—Notwithstanding the requirements of paragraph (1), in the case of 

a person that is subject to this subsection for the first time 

solely due to the amendment made by section 2611(b) of 

the Agricultural Act of 2014, the person shall have 2 reinsurance years after the reinsurance year in which a final 

determination is made, including all administrative appeals, of a violation described in this subsection to take 

such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with this subsection. 

(C) GOOD FAITH.—If the Secretary determines that a 

person subject to a final determination, including all administrative appeals, of a violation described in this subsection acted in good faith and without intent to commit 

a violation described in this subsection as described in section 1222(h), the person shall have 2 reinsurance years to 

take such steps as the Secretary determines appropriate to 

remedy or mitigate the violation in accordance with this 

subsection. 

(D) TENANT RELIEF.— 

(1) IN GENERAL—If a tenant is determined to be 

ineligible for payments and other benefits under this 

subsection, the Secretary may limit the ineligibility 

only to the farm that is the basis for the ineligibility 

determination if the tenant has established, to the satisfaction of the Secretary that— 

(I) the tenant has made a good faith effort to 

meet the requirements of this section, including 

enlisting the assistance of the Secretary to obtain 

a reasonable plan for restoration or mitigation for 

the farm; 

(II) the landlord on the farm refuses to comply 

with the plan on the farm; and 

(III) the Secretary determines that the lack of 

compliance is not a part of a scheme or device to 

avoid the compliance. 

REPORT.—The Secretary shall submit to the 

Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, 

and Forestry of the Senate an annual report concerning the ineligibility determinations limited during 

the previous 12-month period under this subparagraph. 

(E) CERTIFICATE OF COMPLIANCE.— 

(i) IN GENERAL—Beginning with the first full reinsurance year immediately following the date of enactment of this paragraph, all persons seeking eligibility for the payment of a portion of the premium 

paid by the Federal Crop Insurance Corporation for a 

December 20, 2018 
Q:\COMP\AGMISC\99-198- Food Security Act Of 1985.xml 

Sec. 1221 FOOD SECURITY ACT OF 1985 40 

policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) shall provide certification of compliance with this section as determined by the Secretary. 

(ii) TIMELY EVALUATION.—The Secretary shall 

evaluate the certification in a timely manner and— 

(I) a person who has properly complied with 

certification shall be held harmless with regard to 

eligibility during the period of evaluation; and 

(II) if the Secretary fails to evaluate the certification in a timely manner and the person is 

subsequently found to be in violation of this subsection, ineligibility shall not apply to the person 

for that violation. 

(iii) EQUITABLE CONTRIBUTION.— 

(I) IN GENERAL.—If a person fails to notify the 

Secretary as required and is subsequently found 

to be in violation of this subsection, the Secretary 

shall— 

(aa) determine the amount of an equitable contribution to conservation by the person for the violation; and 

(bb) deposit the contribution in the fund 

described in section 1241(f). 

(II) LIMITATION.—The contribution shall not 

exceed the total of the 'portion of the premium 

paid by the Federal Crop Insurance Corporation 

for a policy or plan of insurance for all years the 

person is determined to have been in violation 

subsequent to the date on which certification was 

first required under this subparagraph. 

(4) DUTIES OF THE SECRETARY.— 

(A) IN GENERAL.—In carrying out this subsection, the 

Secretary shall use existing processes and procedures for 

certifying compliance. 

(B) RESPONSIBILITY.—The Secretary, acting through 

the agencies of the Department of Agriculture, shall be 

solely responsible for determining whether a producer is 

eligible to receive crop insurance premium subsidies in accordance with this subsection. 

(C) LIMITATION.—The Secretary shall ensure that no 

agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears 

responsibility or liability for the eligibility of an insured 

producer under this subsection, other than in cases of misrepresentation, fraud, or scheme and device. 

(d) WETLAND CONVERSION.— 

WIN GENERAL. —Except as provided in section 1222 and 

notwithstanding any other provision of law, any person who in 

any crop year beginning after November 28, 1990, converts a 

wetland by draining, dredging, filling, leveling, or any other 

means for the purpose, or to have the effect, of making the production of an agricultural commodity possible on such converted wetland shall be ineligible for those payments, loans, or 

December 20, 2018 
Q:\COMP\AGMISC\99-198- Food Security Act Of 1985 xral 

41 FOOD SECURITY ACT OF 1985 Sec. 1222 

programs specified in subsection (b) for that crop year and all 

subsequent crop years. 

(2) Dui T OF THE SECRETARY.—No person shall become ineligible under paragraph (1) if the Secretary determines that 

an exemption under section 1222(b) applies to that person. 

(e) PRIOR LOANS.—This section shall not apply to a loan described in subsection (b) made before December 23, 1985. 

(f) WETLAND.—The Secretary shall have, and shall not delegate 

to any private person or entity, authority to determine whether a 

person has complied with this subtitle. 

SEC. 1222. 1116 U.S.C. 3822] DELINEATION OF WETLANDS; EXEMPTIONS. 

(a) DELINEATION BY THE SECRETARY.— 

(1) IN GENERAL.—Subject to subsection (b) and paragraph 

(6), the Secretary shall delineate, determine, and certify all 

wetlands located on subject land on a farm. 

(2) WETLAND DELINEATION MAPS.—The Secretary shall delineate wetlands on wetland delineation maps. On the request 

of a person, the Secretary shall make a reasonable effort to 

make an on-site wetland determination prior to delineation. 

(3) CERTIFICATION.—On providing notice to affected persons, the Secretary shall— 

(A) certify whether a map is sufficient for the purpose 

of making a determination of ineligibility for program benefits under section 1221; and 

(B) provide an opportunity to appeal the certification 

prior to the certification becoming final. 

(4) DURATION OF CERTIFICATION.—A final certification 

made under paragraph (3) shall remain valid and in effect as 

long as the area is devoted to an agricultural use or until such 

time as the person affected by the certification requests review 

of the certification by the Secretary. 

(5) REVIEW OF MAPPING ON APPEAL.—In the case of an appeal of the Secretary's certification, the Secretary shall review 

and certify the accuracy of the mapping of all land subject to 

the appeal to ensure that the subject land has been accurately 

delineated. Prior to rendering a decision on the appeal, the 

Secretary shall conduct an on-site inspection of the subject 

land on a farm. 

(6) RELIANCE ON PRIOR CERTIFIED DELINEATION.—No person shall be adversely affected because of having taken an action based on a previous certified wetland delineation by the 

Secretary. The delineation shall not be subject to a subsequent 

wetland certification or delineation by the Secretary, unless requested by the person under paragraph (4). 

(b) EXEMPTIONS.—No person shall become ineligible under section 1221 for program loans or payments under the following circumstances: 

(1) As the result of the production of an agricultural commodity on the following lands: 

(A) A converted wetland if the conversion of the wetland was commenced before December 23, 1985. 

(B) Land that is a nontidal drainage or irrigation ditch 

excavated in upland. 

December 20, 2018 
Q:\COMP\AGMISC\99-198- Food Security Act Of 1985.xml 

Sec. 1222 FOOD SECURITY ACT OF 1985 42 

(C) A wet area created by a water delivery system, irrigation, irrigation system, or application of water for irrigation. 

(D) A wetland on which the owner or operator of a 

farm or ranch uses normal cropping or ranching practices 

to produce an agricultural commodity in a manner that is 

consistent for the area where the production is possible as 

a result of a natural condition, such as drought, and is 

without action by the producer that destroys a natural 

wetland characteristic. 

(E) Land that is an artificial lake or pond created by 

excavating or diking land (that is not a wetland) to collect 

and retain water and that is used primarily for livestock 

watering, fish production, irrigation, wildlife, fire control, 

flood control, cranberry growing, or rice production, or as 

a settling pond. 

(F) A wetland that is temporarily or incidentally created as a result of adjacent development activity. 

(G) A converted wetland if the original conversion of 

the wetland was commenced before December 23, 1985, 

and the Secretary determines the wetland characteristics 

returned after that date as a result of— 

(i) the lack of maintenance of drainage, dikes, levees, or similar structures; 

(ii) a lack of management of the lands containing 

the wetland; or 

(iii) circumstances beyond the control of the person. 

(H) A converted wetland, if— 

(i) the converted wetland was determined by the 

Natural Resources Conservation Service to have been 

manipulated for the production of an agricultural commodity or forage prior to December 23, 1985, and was 

returned to wetland conditions through a voluntary 

restoration, enhancement, or creation action subsequent to that determination; 

(ii) technical determinations regarding the prior 

site conditions and the restoration, enhancement, or 

creation action have been adequately documented by 

the Natural Resources Conservation Service; 

(iii) the proposed conversion action is approved by 

the Natural Resources Conservation Service prior to 

implementation; and 

(iv) the extent of the proposed conversion is limited so that the conditions will be at least equivalent 

to the wetland functions and values that existed prior 

to implementation of the voluntary wetland restoration, enhancement, or creation action. 

(2) For the conversion of the following: 

(A) An artificial lake or pond created by excavating or 

diking land that is not a wetland to collect and retain 

water and that is used primarily for livestock watering, 

fish production, irrigation, wildlife, fire control, flood conDecember 20, 2018 
QACOMP\AGMISC\99-198 - Food Security Act Of 1985.xml 

43 FOOD SECURITY ACT OF 1985 Sec. 1222 

trol, cranberry growing, rice production, or as a settling 

pond. 

(B) A wetland that is temporarily or incidentally created as a result of adjacent development activity. 

(C) A wetland on which the owner or operator of a 

farm or ranch uses normal cropping or ranching practices 

to produce an agricultural commodity in a manner that is 

consistent for the area where the production is possible as 

a result of a natural condition, such as drought, and is 

without action by the producer that destroys a natural 

wetland characteristic. 

(D) A wetland previously identified as a converted 

wetland (if the original conversion of the wetland was commenced before December 23, 1985), but that the Secretary 

determines returned to wetland status after that date as 

a result of— 

(i) the lack of maintenance of drainage, dikes, levees, or similar structures; 

(ii) a lack of management of the lands containing 

the wetland; or 

(iii) circumstances beyond the control of the person. 

(E) A wetland, if— 

(i) the wetland was determined by the Natural Resources Conservation Service to have been manipulated for the production of an aglicultural commodity 

or forage prior to December 23, 1985, and was returned to wetland conditions through a voluntary restoration, enhancement, or creation action subsequent 

to that determination; 

(ii) technical determinations regarding the prior 

site conditions and the restoration, enhancement, or 

creation action have been adequately documented by 

the Natural Resources Conservation Service; 

(iii) the proposed conversion action is approved by 

the Natural Resources Conservation Service prior to 

implementation; and 

(iv) the extent of the proposed conversion is limited so that the conditions will be at least equivalent 

to the wetland functions and values that existed prior 

to implementation of the voluntary wetland restoration, enhancement, or creation action. 

(c) ON-SITE INSPECTION REQUIREMENT.— 

(1.) IN GENERAL.—No program loans, payments, or benefits 

shall be withheld from a person under this subtitle unless the 

Secretary has conducted an on-site visit of the subject land, 

which, except as provided in paragraph (2), shall be conducted 

in the presence of the affected person. 

(2) EXCEPTION.—The Secretary may conduct an on-site 

visit under paragraph (1) without the affected person present 

if the Secretary has made a reasonable effort to include the 

presence of the affected person at the on-site visit. 

(d) IDENTIFICATION OF MINIMAL EFFECT EXEMPTIONS.—For 

purposes of applying the minimal effect exemption under subDecember 20, 2018 
December 20, 2018 

Q:\COMP\AGMISC\99-198- Food Security Act Of 1985.xml 

Sec. 1222 FOOD SECURITY ACT OF 1985 44 

section (f)(1), the Secretary shall identify by regulation categorical 

minimal effect exemptions on a regional basis to assist persons in 

avoiding a violation of the ineligibility provisions of section 1221. 

The Secretary shall ensure that employees of the Department of 

Agriculture who administer this subtitle receive appropriate training to properly apply the minimal effect exemptions determined by 

the Secretary. 

(e) NONWETLANDS.—The Secretary shall exempt from the ineligibility provisions of section 1221 any action by a person upon 

lands in any case in which the Secretary determines that any one 

of the following does not apply with respect to such lands: 

(1) Such lands have a predominance of hydric soils. 

(2) Such lands are inundated or saturated by surface or 

groundwater at a frequency and duration sufficient to support 

a prevalence of hydrophytic vegetation typically adapted for 

life in saturated soil conditions. 

(3) Such lands, under normal circumstances, support a 

prevalence of such vegetation. 

(f) MINIMAL EFFECT; MITIGATION.—The Secretary shall exempt 

a person from the ineligibility provisions of section 1221 for any action associated with the production of an agricultural commodity on 

a converted wetland, or the conversion of a wetland, if 1 or more 

of the following conditions apply, as determined by the Secretary: 

(1) The action, individually and in connection with all 

other similar actions authorized by the Secretary in the area, 

will have a minimal effect on the functional hydrological and 

biological value of the wetlands in the area, including the value 

to waterfowl and wildlife. 

(2) The wetland and the wetland values, acreage, and functions are mitigated by the person through the restoration of a 

converted wetland, the enhancement of an existing wetland, or 

the creation of a new wetland, and the restoration, enhancement, or creation is— 

(A) in accordance with a wetland conservation plan; 

(B) in advance of, or concurrent with, the action; 

(C) not at the expense of the Federal Government; 

(D) in the case of enhancement or restoration of wetlands, on not greater than a 1-for-1 acreage basis unless 

more acreage is needed to provide equivalent functions and 

values that will be lost as a result of the wetland conversion to be mitigated; 

(E) in the case of creation of wetlands, on greater than 

a 1-for-1 acreage basis if more acreage is needed to provide 

equivalent functions and values that will be lost as a result of the wetland conversion that is mitigated; 

(F) on lands in the same general area of the local watershed as the converted wetland; and 

(G) with respect to the restored, enhanced, or created 

wetland, made subject to an easement that— 

(i) is recorded on public land records; 

(ii) remains in force for as long as the converted 

wetland for which the restoration, enhancement, or 

creation to be mitigated remains in agricultural use or 
Q:\COMP\AGMISC\99-198- Food Security Act Of 1985.xml 

45 FOOD SECURITY ACT OF 1985 Sec. 1222 

is not returned to its original wetland classification 

with equivalent functions and values; and 

(iii) prohibits making alterations to the restored, 

enhanced, or created wetland that lower the wetland's 

functions and values. 

(3) The wetland was converted after December 23, 1985, 

but before November 28, 1990, and the wetland values, acreage, and functions are mitigated by the producer through the 

requirements of subparagraphs (A), (B), (C), (D), (F), and (G) 

of paragraph (2). 

(4) The action was authorized by a permit issued under 

section 404 of the Federal Water Pollution Control Act (33 

U.S.C. 1344) and the wetland values, acreage, and functions of 

the converted wetland were adequately mitigated for the purposes of this subtitle. 

(g) MITIGATION APPEALS.—A person 5shall be afforded the 

right to appeal, under section 1243, the imposition of a mitigation 

agreement requiring greater than one-to-one acreage mitigation to 

which the person 6is subject. 

(h) GOOD FAITH EXEMPTION.— 

(1) EXEMPTION DESCRIBED.—The Secretary may waive a 

person's ineligibility under section 1221 for program loans, 

payments, and benefits as the result of the conversion of a wetland subsequent to November 28, 1990, or the production of an 

agricultural commodity on a converted wetland, if the Secretary determines that the person has acted in good faith and 

without intent to violate this subtitle. 

(2) ELIGIBLE REVIEWERS.—A determination of the Secretary, or a designee of the Secretary, under paragraph (1) 

shall be reviewed by the applicable— 

(A) State Executive Director, with the technical concurrence of the State Conservationist; or 

(B) district director, with the technical concurrence of 

the area conservationist. 

(3) PERIOD FOR COMPLIANCE.—The Secretary shall provide 

a person who the Secretary determines has acted in good faith 

and without intent to violate this subtitle with a reasonable 

period, but not to exceed 1 year, during which to implement 

the measures and practices necessary to be considered to be actively restoring the subject wetland. 

(i) RESTORATION.—Any person who is determined to be ineligible for program benefits under section 1221 for any crop year 

shall not be ineligible for such program benefits under such section 

for any subsequent crop year if, prior to the beginning of such subsequent crop year, the person has fully restored the characteristics 

of the converted wetland to its prior wetland state or has otherwise 

mitigated for the loss of wetland values, as determined by the Secretary, through the restoration, enhancement, or creation of wetland values in the same general area of the local watershed as the 

converted wetland. 

5Sec. 322(e) of the Federal Agriculture Improvement and Reform Act of 1996 (P.L. 104-127; 

110 Stat. 987; April 4,1996) amended this subsection by striking "producer" and inserting "person". The amendment was executed to both places where "producer" appeared as the probable 

intent of Congress. 

December 20, 2018 
December 20, 2018 

Q\COMP\AGMISC\99-198 - Food Security Act Of 1985 xml 

Sec. 1223 FOOD SECURITY ACT OF 1985 46 

(j) DETERMINATIONS; RESTORATION AND MITIGATION PLANS; 

MONITORING ACTIVITIES.—Technical determinations, the development of restoration and mitigation plans, and monitoring activities 

under this section shall be made by the Natural Resources Conservation Service. 

(k) MITIGATION BANKING.— 

(1) MITIGATION BANKING PROGRAM.— 

(A) IN GENERAL.—Using authorities available to the 

Secretary, the Secretary shall operate a program or work 

with third parties to establish mitigation banks to assist 

persons in complying with the provisions of this section 

while mitigating any loss of wetland values and functions. 

(B) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out 

this paragraph $5,000,000 for each of fiscal years 2019 

through 2023. 

(2) APPLICABILITY.—Subsection (f)(2)(C) shall not apply to 

this subsection. 

(3) POLICY AND CRITERIA.—The Secretary shall develop the 

appropriate policy and criteria that will allow willing persons 

to access existing mitigation banks, under this section or any 

other authority, that will serve the purposes of this section 

without requiring the Secretary to hold an easement, in whole 

or in part, in a mitigation bank 

SEC. 1223. [16 U.S.C. 3823] AFFILIATED PERSONS. 

If a person is affected by a reduction in benefits under section 

1221 and the affected person is affiliated with other persons for the 

purpose of receiving the benefits, the benefits of each affiliated person shall be reduced under section 1221 in proportion to the interest held by the affiliated person. 

SEC. 1224. 1116 U.S.C. 3824] FAIRNESS OF COMPLIANCE. 

If the actions of an unrelated person or public entity, outside 

the control of, and without the prior approval of, the landowner or 

tenant result in a change in the characteristics of cropland that 

would cause the land to be determined to be a wetland, the affected 

land shall not be considered to be wetland for purposes of this subtitle. 

Subtitle D—Agricultural Resources Conservation Program 

CHAPTER 1—COMPREHENSIVE CONSERVATION 

ENHANCEMENT PROGRAM 

Subchapter A—General Provisions 

[SEC. 1230A. [16 U.S.C. 3830a] GOOD FAITH RELIANCE. 7] 

Subchapter B—Conservation Reserve 

SEC. 1231. [16 U.S.C. 3831] CONSERVATION RESERVE. 

(a) IN GENERAL.—Through the 2023 fiscal year, the Secretary 

shall formulate and carry out a conservation reserve program 

7Sec. 2006(c) of the Farm Security and Rural Investment Act of 2002 (P.L. 107-171; 116 Stat. 

237; May 13, 2002) repealed former sec. 1230A (related to good faith reliance). 
s 

iuti gr; ' e In ;1 

I I I•1 I 

iglp IS E retaKopl e 

' Mid HI IN .lei Ai •1' 41.141101. 

a 

a 

w11 ii";' C WWI 

kl Milldelginntit'146.1);41Odfusi:i 

• Pliadllitin9 I 

al 416 41.14 Ora I I odd ka I Mill al I 411I 

'WNW! 141141.1111EWL4 1.1plolvagf 

MINIM ripaiftimmirinu aim tli ii 

F 11•111 1)1111 Olds srbrli uol I 01 I 

1100 .1% • 110 CAC MI ilia I el II 

• II I 

.4% 11 P s 

II •11141 hip • 

111' s d .yr 

• 44 11 11.111. ' r 1 41 111 • 

a I k d 1141J1lio'llad_101.111 I' 1.1 

PM .P TI al a I 

1•.i m P P14 M11124 II. blip! NJ igalido Arbil ILI 11 

IFP•P 11I 1 oil pi to rpm I 

•I I 1 Is sr spell s 10111411111 

04 

Iii 1 ii 1 1i1 1i1 2..tuipp. 1.1 I .111' 

• 

e 

p

igbie. id 0. .1 Ms PI 

Vs" 1 111 . I um i 1114111I'L•11 AIN ail I 111 1 

1.1• I 1.11 IR? ill 1111 P lb I. 11 ' • 1.1 loblptas AA s ". 1 

111P11 1 1 

AIN 14111111 NIA' &Map Mal W.J.A.J. 

111rells 11111 I WA • ink' maga i•E w • irk.' ire mdmi Emit Ea !lariaii. taw mils *bipbb bl 

1E1 Ms k LOMA 41}1. rpLI Pd'111 I..'hI 1111 1 1 11 011 • I RP 11 dil II ' 

411 s Is d • 

arra • I ITO I I &pry /1 Jo dr ihir 

Is s IN 'i elic ilk pi a ocal I b di I mo .111. .11 

Bor!--V - 1. I I111-1 rim bk. L 1-rIrh 

11111 P11 1 s 41 Is 1 sisWg1 psi 111 so III I 

I WI .r 4 .4 in. • as 11.

14;

:dir 

d. %d di 

I %I rifikethilglirr 111I 

'II' .1 'Iii It I ' I ]Mil 11111*" • 1 d • • 'I 

• rldIP 1.1II I. -Wrirei.. JI II' I. Id' I PI .1 

'Ii 

i

!dllfri .11.0.1.rien. Ili II. °. •Dmo 191 • le 11.1 1011•11 ; 1.11 id 

11111 I bbilbp111 11s• 1.1.11‘• ri i ' kip '11 AI PUN' 

16 • ' 1 • 11 ' 01144 MN% 1111 d 

I will mon Ii n wadi 111111.111%1 r Ii psi 

a ii-r• sr— Pridirr 

s