Release No. 0478.96 Jim Petterson (202) 720-4623 Lloyd Wright (202) 720-1845 CLINTON ADMINISTRATION ANNOUNCES CHANGES THAT ADD FAIRNESS AND MORE FLEXIBILITY TO CONSERVATION PROGRAMS WASHINGTON, Sept. 6, 1996--Agriculture Secretary Dan Glickman today announced several changes to conservation programs designed to make the programs more effective, more flexible, and more science-based. The changes announced today by Glickman will improve the administration of the swampbuster and conservation compliance provisions. The USDA worked with conservation partners across the nation to find ways to reduce farmers' regulatory burdens while still protecting natural resources. The changes support President Clinton's goals for protecting America's wetlands and, over time, will help achieve a net gain in the functions and values of these valuable resources. "Farmers and ranchers have made great strides over the last 10 years to reduce erosion and protect wetlands," Glickman said. "USDA is committed to working with farmers to protect our natural resources and continue this positive trend. These changes are built on a foundation of local participation, flexibility, good science and common sense. They will make our conservation programs more equitable and flexible without compromising environmental protection." Glickman also said USDA was working with other federal agencies to minimize duplication on wetland issues and provide 'one-stop shopping' for farmers and ranchers. The changes were published in today's Federal Register as an interim final rule. USDA is seeking comments from the public during the 60-day comment period, which ends November 5, and will consider them before issuing a final rule. Today's announcement includes changes required by the 1996 Farm Bill, and responds to recommendations made by the public, primarily at the nine USDA public forums held around the country in April 1996. Highlights of Changes The changes published today for swampbuster and conservation compliance: Assure that the penalties for violations of swampbuster and conservation compliance will be fair and reasonable and reflect the seriousness of the violation. For example, the Farm Service Agency (FSA) may waive a person's ineligibility for benefits if the agency believes the person acted in good faith and without intent to violate swampbuster. If FSA grants a good faith violation related to wetlands, the Natural Resources Conservation Service (NRCS) will assist in the development of a mitigation plan to restore or replace the wetland functions and values. The plan must be installed within 1 year. Provide greater flexibility to mitigate the loss of wetland functions and values through restoration, enhancement, or creation of wetlands. The policy change expands the areas where mitigation can occur. However, the mitigation site has to be on land in the general area of the local watershed, have a recorded easement to USDA, and provide at least equivalent wetland functions and values compared to those at the site which is being considered for conversion or which was altered. Keep certified wetland delineations in effect until the person with the delineation requests a new one. A certified delineation will be subject to possible change only if the person requests a new delineation or if a violation occurs. Establish a process to identify practices that have a minimal effect on wetlands. Using these pre-identified practices will speed-up the review and approval process and eliminate unnecessary delays for farmers. Minimal effect is the determination that a practice, although it may change a wetland, would have a very small, non-damaging effect on the environment. Provide flexibility to improve existing drainage systems when conditions change. For example, new development or highway construction could increase the amount of water diverted into a producer's drainage system and cause the system to fail. While permits may still be required, USDA will work with the farmer to find the appropriate way to solve the problems caused by the additional water. Provide landowners with more options for mitigation. Landowners will have more opportunities to work with NRCS, conservation districts, or others to choose the best ways to mitigate wetlands. They will have more options on the kinds and locations of wetlands restoration, enhancement, or creation activities, including the possible use of mitigation banks. Individuals can enhance existing wetlands, restore former wetlands, or create new wetlands to offset functions and values that are lost from conversions or alterations. Revise the concept of 'abandonment.' The policy change will assure producers that cropland with a certified wetland delineation (such as 'prior converted' or 'farmed wetland') will always maintain that status, as long as the land is used for agriculture. When done under an approved plan, landowners with 'prior converted,' 'farmed wetlands,' or 'farmed wetlands pasture' may allow an area to revert to wetland status and then convert it back to its previous status for agriculture without violating swampbuster. Up until now, a previously drained wetland had to be farmed at least once every five years or it may have reverted to protected wetland status. This meant that farmers had to periodically farm wetlands and maintain the drainage system just so they could be sure that they kept an exempt designation. Assure that producers can ask for USDA technical assistance without fear of being found in violation of conservation compliance on highly erodible land. If USDA employees observe potential conservation compliance violations while providing technical assistance on unrelated matters, they will inform the producer, who will have one year to correct any deficiencies. Allow farmers and third parties, under appropriate conditions and with effective safeguards, to certify that residue levels are in compliance on highly erodible land. Assure producers that conservation compliance variances that are needed because of weather, pests, or disease problems will be expedited. # NOTE: USDA news releases and media advisories are available on the Internet. Access the USDA Home Page on the World Wide Web at http://www.usda.gov. Information on the 1996 farm bill conservation programs can be found on http://ncg.nrcs.usda.gov/