The Swamp School

Considering Wetlands and Agriculture

When producing an annual agricultural commodity, USDA program participants must apply an approved conservation system that meets the substantial reduction or no substantial increase definitions. To maintain eligibility, participants must also certify that they have not produced crops on converted wetlands after December 23, 1985, and did not convert a wetland after November 28, 1990, to make agricultural production possible.

The following USDA benefits may be affected:

• Agricultural Market Transition Act (AMTA) Production Flexibility Contract Payments.
• Farm storage facility loans (not subject to Wetland Conservation {WC}).
• Disaster payments (not subject to WC).
• Farm Operating Loans issued under the Consolidated Farm and rural Development Act.
• Conservation program payments for the following conservation programs:
  • Conservation Security Program (CSP).
  • Conservation Reserve Program (CRP).
  • Environmental Quality Incentives Program (EQIP), including Interim EQIP, and prior year Great Plains Conservation Program (GPCP), Colorado River Salinity Control Project (CRSCP), Agricultural Conservation Program (ACP), and Water Quality Incentives Program (WQIP) contract payments.
  • Farmland Protection Program (FPP).
  • Grassland Reserve Program (GRP).
  • Wetlands Reserve Program (WRP).
  • Wildlife Habitat Incentives Program (WHIP).
  • Agricultural Credit Act of 1976 payments (not subject to WC).
• Payments or loan assistance authorized by the Watershed Protection and Flood Prevention Act (Public Law 83–566, Small Watershed Program contracts).

Wetland Conservation Requirements

Unless an exemption applies, any person who plants an agricultural commodity on wetlands that were converted between December 23, 1985, and November 28, 1990, will be ineligible for program benefits in any year an agricultural commodity is planted.

Unless an exemption applies, any person who converts a wetland or makes the production of an agricultural commodity possible after November 28, 1990, will be ineligible for program benefits until the functions and values of the wetland that was converted is mitigated.

The Food Security Act of 1985, as amended, requires USDA Natural Resource Conservation Service (NRCS) to delineate, determine, and certify wetlands located on land subject to the wetland conservation (WC) provisions on a farm or ranch in order to establish a producer’s eligibility for certain USDA program benefits. This approach requires a technical interpretation of the soils, vegetation and hydrology found on the farm site.

This class has been prepared to present the technical aspects of wetland delineation so that the farmer, rancher, attorney and other concerned individuals will understand the process of wetland identification and delineation. Students will learn what constitutes a wetland from a regulatory and legal perspective as well as from a practical “in the field” view.

This class differs from our US Army Corps of Engineers in several key areas. First, it is specifically focused on agricultural wetlands. The issue of farmed wetland, prior converted wetlands and many other unique wetland types are discussed. Second, this class is intended to be an introductory regulatory and technical class. Field work is not required for this class. Third, this class is offered exclusively online and can be completed in the comfort of your home or office.

Who Should Take This Class

• Farmers
• Ranchers
• Attorneys
• NAD Attorneys
• Engineers
• Architects
• Technical Service Providers
• Real Estate Brokers
• Students
• Consultants

Enroll today online. The class is open enrollment. The first session will start on December 1, 2010. You can work at you own pace.

Enrollment:  Now Open ==>  Click Here to Enroll Today

Tuition:  $500

Format:  Online

2012 Syllabus:  Click Here