[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR12.22]

[Page 366]
 
                          TITLE 7--AGRICULTURE
 
PART 12_HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION--Table of Contents
 
               Subpart B_Highly Erodible Land Conservation
 
Sec. 12.22  Highly erodible field determination criteria.

    (a) Predominance. Highly erodible land shall be considered to be 
predominant on a field if either:
    (1) 33.33 percent or more of the total field acreage is identified 
as soil map units which are highly erodible; or
    (2) 50 or more acres in such field are identified as soil map units 
which are highly erodible.
    (b) Modification of field boundaries. A person may request the 
modification of field boundaries for the purpose of excluding highly 
erodible land from a field. Such a request must be submitted to, and is 
subject to the approval of, FSA. FSA shall use the technical 
determination of NRCS in approving this request.
    (c) Impact of changing field boundaries. When field boundaries are 
changed to include areas of land that were included in a field that was 
previously determined to be predominately highly erodible according to 
paragraph (a) of this section, such areas shall continue to be subject 
to the requirements for predominately highly erodible fields, except as 
provided in paragraph (b) of this section.
    (d) Small area of noncropland. Small areas of noncropland within or 
adjacent to the boundaries of existing highly erodible crop fields such 
as abandoned farmsteads, areas around filled or capped wells, rock 
piles, trees, or brush which are converted to cropland are considered to 
meet the requirement of Sec. 12.5(a)(2) if they are included in an 
approved conservation plan for the entire highly erodible field.

[61 FR 47025, Sept. 6, 1996; 61 FR 53491, Oct. 11, 1996]