Conservation Compliance, 22873-22885 [2015-09599]

Agencies

• DEPARTMENT OF AGRICULTURE
• Office of the Secretary

[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Rules and Regulations]
[Pages 22873-22885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09599]



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Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Rules 
and Regulations

[[Page 22873]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 12

RIN 0560-AI26


Conservation Compliance

AGENCY: Office of the Secretary and Farm Service Agency, USDA.

ACTION: Interim rule.

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SUMMARY: This rule amends the U.S. Department of Agriculture (USDA) 
regulations that specify the conservation compliance requirements that 
participants in USDA programs must meet to be eligible for certain USDA 
benefits. The USDA benefits to which conservation compliance 
requirements currently apply include marketing assistance loans, farm 
storage facility loans, and payments under commodity, disaster, and 
conservation programs. The conservation compliance requirements apply 
to land that is either highly erodible land (HEL) or that is wetlands. 
This rule amends the regulations to implement the Agricultural Act of 
2014 (2014 Farm Bill) provisions that: make the eligibility for Federal 
crop insurance premium subsidy benefits subject to conservation 
compliance requirements; and convert the wetland mitigation banking 
pilot to a program and authorizes $ 10 million for the Secretary to 
operate a wetland mitigation banking program. This rule specifies the 
conservation compliance requirements, exemptions, and deadlines that 
apply in determining eligibility for Federal crop insurance premium 
subsidy from the Federal Crop Insurance Corporation (FCIC). This rule 
also modifies easement provisions relating to mitigation banks as 
specified in the 2014 Farm Bill, and clarifies provisions regarding the 
extent of agency discretion with respect to certain violations.

DATES: Effective date: April 24, 2015.
    Date to certify compliance for Federal crop insurance premium 
subsidy for 2016 reinsurance year: June 1, 2015.
    Comment date: We will consider comments that we receive by June 23, 
2015.

ADDRESSES: We invite you to submit comments on this interim rule. In 
your comment, include the Regulation Identifier Number (RIN) and the 
volume, date, and page number of this issue of the Federal Register. 
You may submit comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail, hand delivery, or courier: Daniel McGlynn, 
Production, Emergencies and Compliance Division, Farm Service Agency 
(FSA), United States Department of Agriculture (USDA), MAIL STOP 0517, 
1400 Independence Avenue SW., Washington, DC 20250-0517.
    Comments will be available online at https://www.regulations.gov. In 
addition, comments will be available for public inspection at the above 
address during business hours from 8 a.m. to 5 p.m., Monday through 
Friday, except holidays. A copy of this interim rule is available 
through the FSA home page at https://www.fsa.usda.gov/.

FOR FURTHER INFORMATION CONTACT: Daniel McGlynn; telephone: (202) 720 
7641. Persons with disabilities who require alternative means for 
communication should contact the USDA Target Center at (202) 720-2600.

SUPPLEMENTARY INFORMATION:

Background

    The conservation compliance provisions in the current regulations 
at 7 CFR part 12 were originally authorized by the Food Security Act of 
1985 (Pub. L. 99-198, referred to as the 1985 Farm Bill). Generally, 
the regulations specify that a person is ineligible for certain USDA 
benefits if they undertake certain activities relating to HEL and 
wetlands, specifically those involving planting agricultural 
commodities on HEL or a wetland, or converting a wetland for 
agricultural purposes.
    HEL is cropland, hayland or pasture that can erode at excessive 
rates. As specified in Sec.  12.21, soil map units and the erodibility 
index are used as the basis for identifying HEL. The erodibility index 
is a numerical value that expresses the potential erodibility of a soil 
in relation to its soil loss tolerance value without consideration of 
applied conservation practices or management. A field is identified as 
highly erodible if it contains a critical amount of soil map units with 
an erodibility index of eight or more. If a producer has a field 
identified as HEL, that producer is required to maintain a conservation 
system of practices that keeps erosion rates at a substantial reduction 
of soil loss in order to receive certain USDA benefits. Additional 
information can be found at https://www.nrcs.usda.gov/wps/portal/nrcs/detail/wi/programs/?cid=nrcs142p2_020795.
    A ``wetland'' is an area that has a predominance of wet soils; is 
inundated or saturated by surface or groundwater at a frequency and 
duration sufficient to support a prevalence of water tolerant 
vegetation typically adapted for life in saturated soil conditions; and 
under normal circumstances supports a prevalence of such vegetation.
    The major difference between the prior regulations for conservation 
compliance in 7 CFR part 12 and this rule is that persons who seek 
eligibility for Federal crop insurance premium subsidy must comply with 
the conservation compliance requirements as specified in this rule. 
Many persons who obtain Federal crop insurance already receive benefits 
from other USDA programs, for example, FSA programs that also require 
compliance with the conservation compliance rules. Therefore, this new 
requirement will only be a change for those persons who will be 
required to comply with the conservation compliance rules for the first 
time because of the 2014 Farm Bill.
    The amendments made by section 2611 of the 2014 Farm Bill to the 
conservation compliance rules only apply to eligibility for FCIC paid 
premium subsidy. In addition, the time between the final determination 
of a violation and the loss of eligibility for Federal crop insurance 
premium subsidy is different from the other conservation compliance 
rules as described below. Therefore, while a violation of conservation 
compliance rules may not trigger an immediate loss of Federal crop 
insurance premium

[[Page 22874]]

subsidy, it may trigger an immediate loss of other USDA program 
benefits, including any FSA and Natural Resources Conservation Service 
(NRCS) benefits specified in 7 CFR 12.4(d) and (e). Nothing in this 
rule changes violations that may result from other laws or regulations 
under the responsibility of another Federal government agency.
    This interim rule amends the conservation compliance regulations in 
7 CFR part 12 to:
    (1) Implement 2014 Farm Bill (Pub. L. 113-79) provisions that make 
the eligibility for Federal crop insurance premium subsidies subject to 
conservation compliance provisions;
    (2) Modify easement provisions relating to mitigation banks as 
specified in the 2014 Farm Bill; and
    (3) Clarify provisions regarding the extent of agency discretion 
with respect to certain violations.
    This rule also implements sections 2609 and 2611 of the 2014 Farm 
Bill which amend provisions related to wetland mitigation banking and 
clarifies provisions regarding the extent of agency discretion with 
respect to certain violations. The provisions in this rule apply to all 
actions taken after February 7, 2014 (the date of enactment of the 2014 
Farm Bill) by persons participating in USDA's crop insurance program.
    FSA handles conservation compliance administrative functions, while 
technical determinations regarding HEL and wetlands are made by NRCS. 
The 2014 Farm Bill extends conservation compliance requirements to the 
eligibility for Federal crop insurance premium subsidy. Federal crop 
insurance is authorized by the Federal Crop Insurance Act (FCIA) (7 
U.S.C. 1501-1524). The Federal crop insurance program is administered 
by the Risk Management Agency (RMA) on behalf of FCIC. Persons can 
obtain Federally subsidized crop insurance from Approved Insurance 
Providers (AIP), which are approved by RMA, on behalf of FCIC, to sell 
and service Federal crop insurance policies. The Federal crop insurance 
policies issued by these AIP are reinsured by FCIC in accordance with 
the FCIA. The FCIA also authorizes FCIC to subsidize Federal crop 
insurance premiums charged for the coverage provided by the Federal 
crop insurance policies reinsured by FCIC.
    FCIC published an interim rule on July 1, 2014, (79 FR 37155-37166) 
that amended the Federal crop insurance regulations to implement the 
same conservation compliance provisions from section 2611 of the 2014 
Farm Bill as this rule in 7 CFR parts 400, 402, 407, and 457. This rule 
is needed to make conforming changes to the general USDA regulations in 
7 CFR part 12 that apply to programs from multiple USDA agencies.

New Federal Crop Insurance Subsidy Conservation Compliance Eligibility 
Provisions

    Section 2611 of the 2014 Farm Bill links conservation compliance to 
eligibility for Federal crop insurance premium subsidies paid by FCIC. 
Section 2611 provides exemptions and extended deadlines for certain 
persons to achieve compliance.
    Persons who have not participated in, and were not affiliated with 
any person who participated in, any USDA program for which conservation 
compliance was a requirement will have additional time to develop and 
comply with an NRCS approved conservation plan for HEL. Section 
2611(a)(2)(C) of the 2014 Farm Bill provides that persons who are 
subject to the HEL conservation requirements for the first time solely 
because of the linkage of conservation compliance to eligibility for 
Federal crop insurance premium subsidy will have 5 reinsurance years to 
develop and comply with a conservation plan approved by NRCS before 
they become ineligible for Federal crop insurance premium subsidies.
    The beginning of the 5 reinsurance year period depends on whether a 
HEL determination was made on any of the land in the person's farming 
operation and whether administrative appeal rights have been exhausted 
for that determination. The 5 reinsurance year period begins:
     For persons who have no land with an NRCS HEL 
determination, the 5 reinsurance years begins the start of the 
reinsurance year (July 1) following the date NRCS makes a HEL 
determination and the person exhausts all their administrative appeals.
     For persons who have any land for which a NRCS HEL 
determination has been made and all administrative appeals have been 
exhausted, the 5 reinsurance years begins the start of the reinsurance 
year (July 1) following the date the person certifies compliance with 
FSA to be eligible for USDA benefits subject to the conservation 
compliance provisions.
    Any affiliated person of a person requesting benefits that are 
subject to HEL and wetland conservation provisions must also be in 
compliance with those provisions. Such affiliated persons must also 
file a Form AD-1026 if the affiliated person has a separate farming 
interest. ``Affiliated persons'' include, with some exceptions, the 
spouse and minor child of the person; the partnership, joint venture, 
or other enterprise in which the person, spouse, or minor child of the 
person has an ownership interest or financial interest; and a trust in 
which the individual, business enterprise, or any person, spouse, or 
minor child is a beneficiary or has a financial interest. In the case 
of a violation, the offending person and affiliated persons such as 
spouses and entities in which the offending person has an interest will 
lose benefits at all their farming operation locations, not just the 
locale of the violation.
    In addition to the time lags and deadlines applicable to initial 
compliance with this new conservation compliance requirement, there are 
exemptions and reasonable timeframes to comply for later conservation 
compliance issues. The exemptions and timelines described below apply 
only to eligibility for Federal crop insurance premium subsidies, and 
not compliance requirements for other USDA programs. As specified in 
the 2014 Farm Bill and in this rule, ineligibility for Federal crop 
insurance premium subsidy because of a conservation compliance 
violation, whether associated with HEL or wetlands, will apply to 
reinsurance years after the date of a final determination of a 
violation, including all administrative appeals. Reinsurance years 
start on July 1 of any given year and end the following June 30. As an 
example, suppose that USDA determines that a violation occurred during 
the 2017 calendar year, and the determination is final, including all 
administrative appeals, on November 15, 2017, which is during the 2018 
reinsurance year. The person will be ineligible for Federal crop 
insurance premium subsidy no earlier than the 2019 reinsurance year, 
which begins on July 1, 2018, and will remain ineligible until the 
violation is remedied. The person will remain eligible for a premium 
subsidy on any policies with a sales closing date before July 1, 2018.
    In the case of wetland conservation requirements, as noted earlier, 
ineligibility for premium subsidy due to a violation of the wetland 
conservation provisions will be limited to wetland conservation 
violations that occur after February 7, 2014, and for which a final 
determination has been made and administrative appeals have been 
exhausted. The 2014 Farm Bill also provides a limited exemption for 
wetland conservation violations that occur after February 7, 2014, but 
before Federal crop insurance for an agricultural commodity becomes 
available to the person for the first time. This exemption provides up 
to 2 reinsurance years to mitigate such

[[Page 22875]]

conversions. This rule specifies that USDA will consider Federal crop 
insurance to be ``available'' to the person if in any county in which 
the person had any interest in any acreage there is an FCIC-approved 
policy or plan of insurance available on the county actuarial documents 
that provide insurance for the crop, or the person obtained a written 
agreement to insure the crop in any county.
    A person that is subject to wetland conservation provisions for the 
first time as a result of the 2014 Farm Bill will have 2 reinsurance 
years after the reinsurance year in which the final determination of 
violation is made, including all administrative appeals, to initiate a 
mitigation plan to remedy or mitigate the violation before they become 
ineligible for Federal crop insurance premium subsidies.
    Persons not subject to the wetland conservation provisions for the 
first time as a result of the 2014 Farm Bill will have 1 reinsurance 
year after the reinsurance year in which the final determination of 
violation is made, including all administrative appeals, to initiate a 
mitigation plan to remedy or mitigate the violation before they become 
ineligible for Federal crop insurance premium subsidies.
    Persons determined ineligible for premium subsidy paid by FCIC for 
a reinsurance year will be ineligible for a premium subsidy on all 
their policies and plans of insurance, unless the specific exemptions 
apply.
    The 2014 Farm Bill included tenant relief provisions applicable to 
the wetland conservation provisions, but only for Federal crop 
insurance premium subsidies. In addition, the 2014 Farm Bill amendments 
made the HEL tenant relief provisions applicable to eligibility for 
Federal crop insurance premium subsidies. In both cases, the tenant 
relief provisions provide that the Secretary may limit ineligibility 
only to the farm that is the basis for the ineligibility. Federal crop 
insurance policies under FCIA are constructed on the basis of persons, 
counties, and units, which may include multiple farms. Although the 
2014 Farm Bill used the word ``farm,'' FCIC does not allow for 
differing terms of insurance on a ``farm'' basis, and therefore, does 
not provide premium subsides on such basis. Therefore, with regard to 
Federal crop insurance premium subsidy, application of the tenant 
relief provisions will be achieved through a prorated reduction of 
premium subsidy on all of a person's policies and plans of insurance. 
Specifically, a tenant's or sharecropper's premium subsidy on all 
policies and plans of insurance will be reduced, in lieu of 
ineligibility for all premium subsidy, when the tenant or sharecropper 
made a good faith effort to comply with the conservation compliance 
provisions, the owner of the farm refuses to allow the tenant or 
sharecropper to comply with the provisions, FSA determines there is no 
scheme or device, and the tenant or sharecropper complies with the 
provisions that are under their control. The reduction in premium 
subsidy will be determined by comparing the total number of cropland 
acres on the farm on which the violation occurs to the total number of 
cropland acres on all farms in the nation in which the tenant or 
sharecropper has an interest. The farms and cropland acres used to 
determine the reduction percentage will be the farms and cropland acres 
of the tenant or sharecropper for the reinsurance year in which the 
tenant or sharecropper is determined ineligible. The percentage 
reduction will be applied to all policies and plans of insurance of the 
tenant or sharecropper in the reinsurance year subsequent to the 
reinsurance year in which the tenant or sharecropper is determined 
ineligible. A landlord's premium subsidy on all policies and plans of 
insurance will be prorated in the same manner when the landlord is 
determined in violation because of the actions or inactions of their 
tenant or sharecropper.
    Persons who were subject to HEL conservation requirements in the 
past because they participated in USDA programs, stopped participating 
in those programs before February 7, 2014, but would have been in 
violation of the HEL requirements had they continued participation in 
such programs after February 7, 2014, have 2 reinsurance years to 
develop and comply with a conservation plan approved by NRCS before 
they become ineligible for Federal crop insurance premium subsidies. 
The 2 reinsurance years begins the start of the reinsurance year (July 
1) following the date the person certifies compliance with FSA to be 
eligible for USDA benefits subject to the conservation compliance 
provisions.
    For some wetland conversions that impact less than 5 acres on the 
entire farm, a person may regain eligibility for Federal crop insurance 
premium subsidy by making a payment equal to 150 percent of the cost of 
mitigation of the converted wetland in lieu of restoring or mitigating 
the lost wetland functions and values. The applicability of this 
exemption is at the discretion and approval of NRCS and the funds will 
be deposited in an account to be used later for wetland restoration. 
This exception is in lieu of the mitigation actions that a person would 
otherwise be required to conduct to restore the lost wetland functions 
and values of the converted wetland. While it provides flexibility to a 
person for how to remedy a small acreage violation, the text of the 
exception indicates that the intention of the 2014 Farm Bill is to 
limit the scope of its availability, specifying that it applies to any 
violation that ``impacts less than 5 acres of the entire farm.'' To 
ensure that this exception can be appropriately tracked and limit the 
potential for its abuse, the regulation specifies that a person is 
limited to only one exemption per farm. This is a discretionary change 
USDA is making to ensure the integrity of the intention that it impacts 
less than 5 acres of the entire farm and not just 5 acres per 
occurrence, which could add up to impacting much more than the intended 
5 acres. Additionally, USDA clarifies in the regulation that the 
payment to the fund is not refundable, even if the person subsequently 
restores the wetland that had been converted. This exemption applies 
only to eligibility for Federal crop insurance premium subsidies.
    For wetland conservation violations, if the person acted in good 
faith and without intent to commit the violation, FSA may waive the 
ineligibility provisions for 2 reinsurance years to allow the person to 
remedy or mitigate the converted wetland.

What Federal Crop Insurance Participants Must Do To Remain Eligible for 
Premium Subsidies

    As required by section 2611 of the 2014 Farm Bill, all persons 
seeking eligibility for Federal crop insurance premium subsidy must 
have on file a certification of compliance (AD-1026) at the local FSA 
office.
    For the 2016 and every subsequent reinsurance year, the deadline to 
file a Form AD-1026 is June 1 prior to the reinsurance year. Outreach 
and informational materials for the 2016 reinsurance year will include 
information on how to contact the local FSA office. Persons must have a 
Form AD-1026 on file with FSA on or before the June 1 prior to the 
beginning of a given reinsurance year (which begins on July 1). A 
person will have until the first applicable crop insurance sales 
closing date to provide the information for a Form AD-1026 if the 
person either is unable to file a Form AD-1026 by June 1 due to 
circumstances beyond the person's control, or the person in good faith 
filed a Form AD-1026 and FSA subsequently determined that additional 
information is needed but the person is unable to comply by July 1 due 
to

[[Page 22876]]

circumstances beyond the person's control. A new AD-1026 only needs to 
be filed if a change in the farming operation has occurred that results 
in the previously filed AD-1026 being incorrect, or there has been a 
violation of the HEL or wetland conservation provisions negating the 
previously filed AD-1026.
    On Form AD-1026, persons self-certify compliance with HEL and 
wetland conservation requirements. If the person indicates on the form 
that they have conducted an activity that might lead to a violation, 
such as creating new drainage systems, land leveling, filling, 
dredging, land clearing, excavation, or stump removal since 1985 on 
their land, they will be asked for additional information that will be 
forwarded to NRCS for evaluation. If NRCS fails to complete an 
evaluation of the person's Form AD-1026, or successor form in a timely 
manner after all documentation has been provided to NRCS, the person 
will not be ineligible for Federal crop insurance premium subsidies for 
a policy or plan of insurance for a violation that occurred prior to 
NRCS completing the evaluation.
    Failure to timely file a Form AD-1026 will result in ineligibility 
for Federal crop insurance premium subsidies for the entire reinsurance 
year, unless the person can demonstrate they began farming for the 
first time after June 1 but prior to the beginning of the reinsurance 
year. For example, a person who started farming for the first time on 
June 15, 2015, will be eligible for Federal crop insurance premium 
subsidies for the 2016 reinsurance year without a Form AD-1026 on file 
with FSA. However, in that case, the person must file Form AD-1026 with 
FSA on or before June 1, 2016 to be eligible for premium subsidy for 
the 2017 reinsurance year.
    Failure to notify USDA and revise the Form AD-1026 when required 
may result in assessment of a monetary penalty, as determined by NRCS, 
but the penalty will never exceed the total amount of Federal crop 
insurance premium subsidy paid by FCIC for the person on all policies 
and plans of insurance for all years the person is determined to have 
been in violation. The monetary penalty is assessed for wetland 
conservation compliance only.
    USDA Service Centers will provide additional information and 
assistance to persons in meeting compliance requirements. USDA will 
determine a person's eligibility for premium subsidy paid by FCIC at a 
time that is as close to the beginning of the next reinsurance year 
(July 1) as practical. The determination will be based on FSA and NRCS 
determinations regarding conservation compliance. For example, a person 
who has a determination of ineligibility that is final on June 1, 2015, 
(2015 reinsurance year) will, unless otherwise exempted, be ineligible 
for premium subsidy effective July 1, 2015, the start of the 2016 
reinsurance year, and will not be eligible for any premium subsidy for 
any policies or plans of insurance during the 2016 reinsurance year. 
Even if the person becomes compliant during the 2016 reinsurance year, 
the person will not be eligible for premium subsidy until the 2017 
reinsurance year, starting on July 1, 2016.
    For acts or situations of non-compliance or failure to certify 
compliance according to this part, ineligibility for Federal crop 
insurance premium subsidies will be applied beginning with the 2016 
reinsurance year for any Federally reinsured policy or plan of 
insurance with a sales closing date on or after July 1, 2015.

Changes to Mitigation Bank Program Required by the 2014 Farm Bill

    The rule also implements section 2609 of the 2014 Farm Bill, which 
amends provisions related to wetland mitigation banking. Wetland 
mitigation banking is a form of environmental market trading where 
wetlands are created, enhanced, or restored to create marketable 
wetland credits (acres and functions). The 1985 Farm Bill, the Clean 
Water Act, and some State wetland laws specify that negative impacts to 
existing wetlands can be mitigated by providing restored, enhanced, or 
created wetlands as compensation for the losses. The replacement of 
impacted wetlands with new wetlands is called wetland mitigation. 
Wetland mitigation banking is a type of wetland mitigation where 
wetlands are created, enhanced, or restored prior to impacts and the 
wetlands are sold to those required to compensate for the impacts. 
These credits are sold to others as compensation for unavoidable 
wetland impacts. For more information on the existing wetlands 
mitigation banking program, see https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/water/wetlands/wmb/.
    As specified in the current regulations, persons may maintain their 
payment eligibility for most USDA benefits if the wetland values, 
acreage, and functions of any wetland conversion activity are 
adequately mitigated, as determined by NRCS, through the restoration of 
a converted wetland, the enhancement of an existing wetland, or the 
creation of a new wetland. However, agricultural mitigation options are 
limited, and, to date, mitigation banks are not abundant nor are they 
readily accessible. Section 2609 of the 2014 Farm Bill provides $10 
million of the USDA's Commodity Credit Corporation funds to operate a 
mitigation banking program and allows USDA to have third parties hold 
the wetland mitigation easements, rather than USDA itself.
    NRCS is modifying the mitigation bank provisions in this rule to 
clarify who may hold title to wetland mitigation easements under the 
wetland conservation provisions. The existing regulations require that 
the person grant an easement to USDA to protect the wetland that is 
providing the mitigation of wetland functions and benefits. Section 
2609 of the 2014 Farm Bill specifies that USDA is no longer required to 
hold the easements in a mitigation bank. Therefore, this rule amends 7 
CFR 12.5 to authorize other qualifying entities, which are recognized 
by USDA, to hold mitigation banking easements granted by a person who 
wishes to maintain payment eligibility under the wetland conservation 
provision, and remove the requirement that an easement be granted to 
USDA for mitigation sites when part of a mitigation banking program 
that is operated by USDA.
    To encourage the development of mitigation banks, USDA will 
implement a prioritized and competitive mitigation banking program 
through an Announcement of Program Funding that focuses on agricultural 
wetlands. Application selection criteria will emphasize areas with the 
greatest opportunities for using wetland banking mitigation for 
agricultural purposes.

General Provisions and Technical Clarifications

    This rule updates the general applicability section by removing 
unneeded references. Regulation changes in this rule do not affect past 
obligations and liabilities. Reference to certain former territories of 
the United States are removed because they were covered by 1985 Farm 
Bill provisions as trust territories only and no longer have that 
status.
    This rule also makes a minor revision to the ineligibility 
determination for wetland conservation violations to make the 
regulation consistent with the statutory requirement; the change is to 
clarify the limited circumstances for which partial ineligibility may 
apply instead of complete ineligibility. Section 1221(b) of the 1985 
Farm Bill (16 U.S.C. 3821) allows the Secretary to determine whether 
all or a part of a person's

[[Page 22877]]

benefits will be lost because of violations for producing an 
agricultural commodity on a converted wetland. There are two types of 
wetland conservation violations in 16 U.S.C. 3821 that may result in 
ineligibility for some or all of a person's benefits; those violations 
are production on converted wetland (16 U.S.C. 3821(a)) and wetland 
conversion (16 U.S.C. 3821(d)) for the purpose of agricultural 
production. The consequences for the two types of wetland conservation 
violations are not the same. For production on converted wetland, 16 
U.S.C. 3821(a)(2) specifies that the person's ineligibility is to be in 
an amount determined by the Secretary to be proportionate to the 
severity of the violation and 16 U.S.C. 3821(b) further specifies that 
if a person is determined to have produced an agricultural commodity on 
converted wetland, the Secretary determines which of, and the amount 
of, benefits for which the person will be ineligible due to that 
violation. For a wetland conversion violation, 16 U.S.C. 3821(d) 
provides that if a person converts a wetland making the production of 
an agricultural commodity possible on such converted wetland, the 
person will be ineligible for benefits for that crop year and all 
subsequent crop years. There is no authority under 16 U.S.C. 3821 for 
the Secretary to make a determination of only partial ineligibility for 
a wetland conversion violation, or allow a reduction in benefits 
proportionate to the severity of the violation or a limited reduction 
to certain benefits or amounts instead of complete ineligibility. 
Unless an exemption applies, a wetland conversion violation results in 
ineligibility for all benefits for the year of violation and all 
subsequent years. In the past, the text in Sec.  12.4(c) has been used 
by persons who have been determined to have converted a wetland to 
argue that the Secretary has discretion to partially reduce 
ineligibility for a wetland conversion in the same manner allowed by 16 
U.S.C. 3821 for a violation of production on converted wetland. There 
is no such discretion authorized under 16 U.S.C. 3821 for a wetland 
conversion; therefore, the reference to a potential reduction in 
ineligibility for wetland conversion is being removed by this rule. The 
specific change is to remove the reference to paragraph (a)(3) for the 
potential ineligibility reduction.
    A section with obsolete information on information collection 
requirements is removed.

Notice and Comment

    In general, the Administrative Procedure Act (5 U.S.C. 553) 
requires that a notice of proposed rulemaking be published in the 
Federal Register and interested persons be given an opportunity to 
participate in the rulemaking through submission of written data, 
views, or arguments with or without opportunity for oral presentation, 
except when the rule involves a matter relating to public property, 
loans, grants, benefits, or contracts. Section 2608 of the 2014 Farm 
Bill requires that the programs of Title II be implemented by interim 
rules effective on publication with an opportunity for notice and 
comment.

Comments Requested

    The primary purpose of this rule is to revise USDA conservation 
compliance regulations to incorporate the 2014 Farm Bill provisions 
that make persons receiving Federal crop insurance premium subsidies 
subject to conservation compliance requirements. As noted above, FCIC 
published an interim rule on July 1, 2014, that amended Federal crop 
insurance regulations to implement this provision from section 2611 of 
the 2014 Farm Bill. This rule is making conforming changes to the 
general USDA regulations in 7 CFR part 12 that apply to programs from 
multiple USDA agencies.
    The amendments made by section 2611 of the 2014 Farm Bill, and 
included in this rule, extend the existing conservation compliance 
requirements to apply to FCIC premium subsidy recipients. Section 2611 
does not include any changes to the existing requirements for 
conservation compliance (often referred to as ``Sodbuster'' and 
``Swampbuster'') specified in the 1985 Farm Bill and in 16 U.S.C. 3801-
3824, the definition of HEL, the Wetland Conservation Program, or other 
conservation programs. However, in the context of making the regulatory 
changes required by section 2611, we are requesting comments on 
specific changes USDA could consider making.
    For example, all persons who produce agricultural commodities are 
required to protect all cropland classified as HEL from excessive 
erosion as a condition of eligibility for USDA programs. On lands which 
have a cropping history prior to December 23, 1985, compliance 
conservation systems must result in a ``substantial reduction'' in soil 
erosion. On lands converted to crop production after December 23, 1985, 
compliance conservation systems must result in ``no substantial 
increase'' in soil erosion. USDA has a goal of working with farmers to 
help them stay in compliance or bring them into compliance through 
progressive planning and implementation. We welcome comments on what 
additional steps USDA could take to achieve these goals. Agricultural 
production techniques have changed significantly since the passage of 
the 1985 Farm Bill. While conservation systems provide a substantial 
reduction in soil erosion, are there additional conservation activities 
that USDA could consider to ensure that agricultural production and 
soil erosion reduction goals from HEL soils are met?
    As another example, since December 23, 1985, the ``Swampbuster'' 
provision helps preserve the environmental functions and values of 
wetlands, including flood control, sediment control, groundwater 
recharge, water quality, wildlife habitat, recreation, and esthetics. 
Agricultural production techniques have changed significantly since the 
passage of the 1985 Farm Bill. Are there additional steps USDA should 
consider to ensure these benefits for wetlands are retained?
    In your comments, please suggest specific alternatives and provide 
data, if available, for the suggestion as it relates to the goals of 
conservation compliance. Specifically, USDA requests comments on the 
following questions:
     What information could USDA collect to simplify the 
conservation compliance process, expedite determinations, and allow the 
USDA to identify more complex determination requests to evaluate first?
     What information could USDA reasonably collect that would 
provide more information on derived conservation benefits from 
conservation compliance activities? What would be the burden of 
collecting that information?
     With the addition of new persons being subject to 
conservation compliance requirements, how should USDA prioritize the 
evaluation of the submitted Form AD-1026 information?
    USDA is also requesting comments on conservation compliance for the 
retrospective review of regulations initiative. In accordance with 
Executive Order 13563, ``Improving Regulation and Regulatory Review,'' 
and Executive Order 13610, ``Identifying and Reducing Regulatory 
Burdens,'' USDA continues to review its existing regulations as well as 
its methods for gathering information. This evaluation helps USDA to 
measure its effectiveness in implementing its regulations. The review 
will continue to focus on:
     Identifying whether information technology can be used to 
replace paper submissions with electronic submissions;
     Streamlining or redesigning existing information 
collecting methods in order

[[Page 22878]]

to reduce any burdens on the public for participating in and complying 
with USDA programs;
     Reducing duplication through increased data sharing and 
harmonizing programs that have similar regulatory requirements; and
     Providing increased regulatory flexibility to achieve 
desired program outcomes and save money.
    Please provide information on these issues in your comment as 
specified in the ADDRESSES section. Specific comments addressing the 
issues raised above are most helpful; all comments are welcome. 
Proposals for alternatives should address data sources, costs, and the 
provisions of the 2014 Farm Bill that support the alternative. The 
following suggestions may be helpful for preparing your comments:
     Explain your views as clearly as possible.
     Describe any assumptions that you used.
     Provide any technical information and data on which you 
based your views.
     Provide specific examples to illustrate your points.
     Offer specific alternatives to the current regulations or 
policies and indicate the source of necessary data, the estimated cost 
of obtaining the data, and how the data can be verified.
     Submit your comments to be received by FSA by the comment 
period deadline.

Effective Date

    The Administrative Procedure Act (5 U.S.C. 553) provides generally 
that before rules are issued by Government agencies, the rule is 
required to be published in the Federal Register, and the required 
publication of a substantive rule is to be not less than 30 days before 
its effective date. However, Section 2608 of the 2014 Farm Bill 
provides that this interim rule be effective on publication.

Executive Orders 12866 and 13563

    Executive Order 12866 ``Regulatory Planning and Review,'' and 
Executive Order 13563, ``Improving Regulation and Regulatory Review,'' 
direct agencies to assess all costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributive 
impacts and equity). Executive Order 13563 emphasized the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility.
    The Office of Management and Budget (OMB) designated this rule as 
significant under Executive Order 12866, ``Regulatory Planning and 
Review,'' and, therefore, OMB has reviewed this rule. A summary of the 
cost-benefit analysis of this rule is provided below and the full cost 
benefit analysis is available on regulations.gov.

Cost Benefit Analysis Summary

    Estimated costs to persons and the government through 2020 are 
expected to be between $55 million and $86.5 million for the 
conservation compliance requirements and $10 million for the wetlands 
mitigation banking that reflects new authority to operate or work with 
third parties to operate a wetland mitigation banking program. These 
are the total costs, not annual costs. While the $10 million may 
increase wetland mitigation bank activity, the negligible amount in the 
agricultural context to date makes it impossible to estimate the impact 
this will have on conservation compliance costs.
    Implementing the 2014 Farm Bill provisions for conservation 
compliance is expected to result in benefits of extending HEL and 
wetland conservation provisions to up to 1.5 million acres of HEL and 
1.1 million acres of wetlands, which could reduce soil erosion, enhance 
water quality, and create wildlife habitat.
    For the conservation compliance requirements, given that most 
persons who have Federal crop insurance are already subject to 
conservation compliance due to participation in other USDA programs, 
the benefits as a whole are expected to extend HEL and wetland 
conservation provisions to up to 1.5 million acres of HEL and 1.1 
million acres of wetlands and could reduce soil erosion, enhance water 
quality, and create wildlife habitat. Ecological benefits could be 
measurable on individual properties if those properties were not 
previously subject to conservation compliance and were not in 
compliance, which is not expected to be common. We estimate that 
between 16,000 and 25,000 persons or entities will be impacted by the 
expanded requirements, and that slightly less than a third of those 
producers will need a conservation plan.
    The conservation compliance provisions have been in place since 
1985, and the interim rule will not impose any new compliance costs on 
persons that were already in compliance. There will be increased 
training and staffing costs associated with ensuring that NRCS staff 
conduct HEL and wetland determinations correctly for persons who 
receive subsidy premiums for Federal crop insurance. Government costs 
for making wetlands and HEL determinations, developing conservation 
plans for producers, providing technical assistance, and providing 
financial assistance with implementation costs for conservation 
practices, are expected to total between $19.7 million and $30.9 
million between 2015 and 2020. Producers' costs for implementing 
conservation practices to achieve compliance are estimated at between 
$35.3 million and $55.5 million between 2015 and 2020, for a one-time 
overall cost to the government and to producers combined of $55 million 
to $86.5 million.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), generally requires an agency to prepare a regulatory 
flexibility analysis of any rule whenever an agency is required by the 
Administrative Procedure Act or any other law to publish a proposed 
rule, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
All conservation compliance eligibility requirements are the same for 
all persons regardless of the size of their farming operation. This 
rule is not subject to the Regulatory Flexibility Act because the 
Secretary of Agriculture and FSA are not required by any law to publish 
a proposed rule for this rulemaking initiative.

National Environmental Policy Act (NEPA)

    The environmental impacts of this rule have been considered in a 
manner consistent with the provisions of NEPA (42 U.S.C. 4321-4347), 
the regulations of the Council on Environmental Quality (40 CFR parts 
1500-1508), and FSA regulations for compliance with NEPA (7 CFR part 
799). The 2014 Farm Bill mandates the expansion of current conservation 
compliance requirements to apply to persons who obtain subsidized 
Federal crop insurance under FCIA and it slightly modifies the existing 
wetlands ``Mitigation Banking'' program to remove the requirement that 
USDA hold easements in the mitigation program. These are mandatory 
provisions and USDA does not have discretion over whether or not they 
are implemented. We have determined that the limited discretion in the 
way in which the mandatory provisions can be implemented are 
administrative clarifications of aspects that were not

[[Page 22879]]

defined in the mandatory provisions; therefore, they are not subject to 
review under NEPA. As such, USDA will not prepare an environmental 
assessment or environmental impact statement for this regulatory 
action.

Executive Order 12372

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' requires consultation with State and local officials. The 
objectives of the Executive Order are to foster an intergovernmental 
partnership and a strengthened Federalism, by relying on State and 
local processes for State and local government coordination and review 
of proposed Federal Financial assistance and direct Federal 
development. This program is not subject to Executive Order 12372, 
which requires consultation with State and local officials. See the 
notice related to 7 CFR part 3015, subpart V, published in the Federal 
Register on June 24, 1983 (48 FR 29115).

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule will not preempt State or local laws, 
regulations, or policies unless they present an irreconcilable conflict 
with this rule. The rule has retroactive effect in that the provisions 
in this rule apply to all actions taken after February 7, 2014, (the 
date of enactment of the 2014 Farm Bill) by USDA program participants. 
Before any judicial action may be brought regarding the provisions of 
this rule, appeal provisions of 7 CFR parts 11, 614, and 780 must be 
exhausted.

Executive Order 13132

    This rule has been reviewed under Executive Order 13132, 
``Federalism.'' The policies contained in this rule do not have any 
substantial direct effect on States, on the relationship between the 
Federal government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Nor does this 
rule impose substantial direct compliance costs on State and local 
governments. Therefore, consultation with the States is not required.

Executive Order 13175

    This rule has been reviewed in accordance with Executive Order 
13175, ``Consultation and Coordination with Indian Tribal 
Governments.'' Executive Order 13175 requires Federal agencies to 
consult and coordinate with tribes on a government-to-government basis 
on policies that have tribal implications, including regulations, 
legislative comments or proposed legislation, and other policy 
statements or actions that have substantial direct effects on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.
    USDA has assessed the impact of this rule on Indian tribes and 
determined that this rule does not, to our knowledge, have tribal 
implications that require tribal consultation under Executive Order 
13175. If a Tribe requests consultation, FSA, NRCS, or RMA will work 
with the USDA Office of Tribal Relations to ensure meaningful 
consultation is provided where changes, additions, and modifications 
identified in this rule are not expressly mandated by the 2014 Farm 
Bill.

The Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 
104-4) requires Federal agencies to assess the effects of their 
regulatory actions on State, local, and Tribal governments, or the 
private sector. Agencies generally need to prepare a written statement, 
including a cost benefit analysis, for proposed and final rules with 
Federal mandates that may result in expenditures of $100 million or 
more in any year for State, local, or Tribal governments, in the 
aggregate, or to the private sector. UMRA generally requires agencies 
to consider alternatives and adopt the more cost effective or least 
burdensome alternative that achieves the objectives of the rule. This 
rule contains no Federal mandates under the regulatory provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 
104-4). In addition, the Secretary of Agriculture is not required to 
publish a notice of proposed rulemaking for this rule. Therefore, this 
rule is not subject to the requirements of sections 202 and 205 of 
UMRA.

Federal Assistance Programs

    This rule has a potential impact on participants for many programs 
listed in the Catalog of Federal Domestic Assistance in the Agency 
Program Index under the Department of Agriculture.

Paperwork Reduction Act

    Section 2608 of the 2014 Farm Bill provides that regulations issued 
under Title II--Conservation are exempt from the requirements of the 
Paperwork Reduction Act (44 U.S.C. Chapter 35).

E-Government Act Compliance

    USDA is committed to complying with the E-Government Act, to 
promote the use of the Internet and other information technologies to 
provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

List of Subjects in 7 CFR Part 12

    Administrative practice and procedure, Coastal zone, Crop 
insurance, Flood plains, Loan programs--agriculture, Price support 
programs, Reporting and recordkeeping requirements, Soil conservation.

    For the reasons explained above, USDA amends 7 CFR part 12 as 
follows:

PART 12--HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION

0
1. The authority citation for 7 CFR part 12 is revised to read as 
follows:

    Authority: 16 U.S.C. 3801, 3811-12, 3812a, 3813-3814, and 3821-
3824.


0
2. Revise the heading for part 12 to read as set forth above.

0
3. In Sec.  12.2(a) add definitions, in alphabetical order, for 
``Approved insurance provider,'' ``FCIC,'' ``Reinsurance year,'' and 
``RMA'' to read as follows:


Sec.  12.2  Definitions.

    (a) * * *
    Approved insurance provider means a private insurance company that 
has been approved and reinsured by FCIC to provide insurance coverage 
to persons participating in programs authorized by the Federal Crop 
Insurance Act, as amended (7 U.S.C. 1501-1524).
* * * * *
    FCIC means the Federal Crop Insurance Corporation, a wholly owned 
corporation within USDA whose programs are administered by RMA.
* * * * *
    Reinsurance year means a 1-year period beginning July 1 and ending 
on June 30 of the following year, identified by reference to the year 
containing June.
* * * * *
    RMA means the Risk Management Agency, an agency within USDA that 
administers the programs of the FCIC through which Federally reinsured 
crop insurance is provided to American farmers and ranchers.
* * * * *

0
4. Revise Sec.  12.3 to read as follows:


Sec.  12.3  Applicability.

    (a) The provisions of this part apply to all land, including Indian 
tribal land,

[[Page 22880]]

in the 50 States, the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, the Virgin Islands of the United States, American Samoa, 
and the Commonwealth of the Northern Mariana Islands.
    (b) The rules in this part are applicable to all current and future 
determinations on matters within the scope of this part. Nothing in 
these rules relieves any person of any liability under previous 
versions of these rules.
    (c) Notwithstanding paragraph (b) of this section, for the purpose 
of eligibility for Federal crop insurance premium subsidy for a policy 
or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 
1501-1524), the provisions of this part apply to final HEL and wetland 
conservation determinations, including all administrative appeals, 
after February 7, 2014, on matters within the scope of this part.
    (1) For acts or situations of non-compliance or failure to certify 
compliance according to this part, ineligibility for Federal crop 
insurance premium subsidies will be applied beginning with the 2016 
reinsurance year for any Federally reinsured policy or plan of 
insurance with a sales closing date on or after July 1, 2015.
    (2) [Reserved]

0
5. Amend Sec.  12.4 as follows:
0
a. In paragraph (a), introductory text, remove the cross reference ``in 
Sec.  12.5'' and add the cross reference ``in Sec. Sec.  12.5 or 
12.13'' in its place;
0
b. In paragraph (a)(2), remove the words ``on wetland'' and add the 
words ``on a wetland'' in their place;
0
c. In paragraph (c):
0
i. At the beginning of the first and second sentences, remove the words 
``A person'' and add the words ``Except as provided in Sec.  12.13, a 
person'' in their place;
0
ii. In the first and second sentences, remove the words ``shall be'' 
and replace them with the word ``is'';
0
iii. In the third sentence, remove the cross reference ``or (a)(3)''; 
and
0
iv. In the fourth sentence, remove the words ``shall be considered to'' 
and replace it with the word ``will be considered in'';
0
d. Revise paragraph (d)(1);
0
e. In paragraph (d)(5), remove the period at its end and add the word 
and punctuation ``and;'' in its place;
0
f. Add paragraph (d)(6); and
0
g. Remove paragraph (f) and redesignate paragraphs (g) and (h) as 
paragraphs (f) and (g), respectively.
    The revisions and addition read as follows:


Sec.  12.4  Determination of ineligibility.

* * * * *
    (d) * * *
    (1) Contract payments, marketing assistance loans, and any type of 
price support or payment made available under the Agricultural Act of 
2014, the Commodity Credit Corporation Charter Act (15 U.S.C. 714b and 
714c), or successor Acts.
* * * * *
    (6) Federal crop insurance premium subsidies for a policy or plan 
of insurance offered under the Federal Crop Insurance Act (7 U.S.C. 
1501-1524).
* * * * *


Sec.  12.5  [Amended]

0
6. Amend Sec.  12.5 as follows:
0
a. In paragraph (b)(4)(i)(C), remove the word ``pilot''; and
0
b. In paragraph (b)(4)(i)(E), add the words and punctuation ``or in the 
case of a mitigation bank operated under a USDA program, an entity 
approved by USDA,'' immediately after the word ``USDA''.

0
7. Amend Sec.  12.6 as follows:
0
a. Revise paragraph (a);
0
b. In paragraph (b)(3)(x), add the words ``plan or'' immediately before 
the word ``system'';
0
c. In paragraph (c)(1), remove the words ``Deputy Chief for Natural 
Resources Conservation Programs'' and add the words ``Associate Chief 
for Conservation'' in their place;
0
d. In paragraph (c)(2)(iii)(B), remove the word ``By''; and
0
e. Add paragraphs (c)(10), (f), and (g).
    The revision and additions read as follows:


Sec.  12.6  Administration.

    (a) General. In general determinations will be made as follows:
    (1) Except as provided in paragraph (a)(2) of this section, a 
determination of ineligibility for benefits in accordance with the 
provisions of this part will be made by the agency of USDA to which the 
person has applied for benefits. All determinations required to be made 
under the provisions of this part will be made by the agency 
responsible for making such determinations, as provided in this 
section.
    (2) Eligibility for Federal crop insurance premium subsidies will 
be based on final determinations, including all administrative appeals, 
made by NRCS and FSA. Neither RMA, FCIC, approved insurance providers, 
or any employee, agent, or contractors thereof, will make any 
determination regarding compliance with the highly erodible land or 
wetland provisions of this part, unless specifically provided for in 
Sec.  12.13.
* * * * *
    (c) * * *
    (10) NRCS will operate a program or work with third parties to 
establish mitigation banks to assist persons in complying with 
Sec. Sec.  12.4(c) and 12.5(b)(4). Persons will be able to access 
mitigation banks established or approved through this program without 
requiring the Secretary to hold an easement in a mitigation bank.
* * * * *
    (f) Administration by RMA. The provisions of this part that are 
applicable to RMA will be administered under the general supervision of 
the Administrator, RMA.
    (1) Eligibility for Federal crop insurance premium subsidies will 
be based on the person's:
    (i) Accurate and timely filing of a certification of compliance 
(Form AD-1026 or successor form) with the conservation compliance 
provisions; and
    (ii) Compliance with the conservation compliance provisions.
    (2) Ineligibility for Federal crop insurance premium subsidies due 
to violations of the conservation compliance provisions will be based 
on final determinations, including all administrative appeals, made by 
NRCS and FSA as provided in this part.
    (3) Neither RMA nor FCIC will make any determination of eligibility 
regarding compliance with the highly erodible land or wetland 
provisions in this part, unless specifically provided for in Sec.  
12.13.
    (4) RMA will provide the applicable information regarding 
determinations made by NRCS and FSA to the appropriate approved 
insurance providers to ensure those determinations affecting Federal 
crop insurance premium subsidy eligibility are implemented according to 
this part.
    (g) Approved insurance providers. No approved insurance provider or 
any employee, agent, or contractor of an approved insurance provider 
will:
    (1) Make any determination of eligibility regarding compliance with 
the highly erodible land or wetland provisions of this part; or
    (2) Be responsible or liable for a person's eligibility for Federal 
crop insurance premium subsidy under this part, except in cases of 
fraud, misrepresentation, or scheme and device by the approved 
insurance provider or any employee, agent, or contractor thereof.

0
8. Amend Sec.  12.7 as follows:
0
a. In paragraph (a)(2), remove the cross reference ``under Sec.  12.5'' 
and add the cross reference ``under Sec. Sec.  12.5 or 12.13'' in its 
place; and

[[Page 22881]]

0
b. Add paragraph (d).
    The revision reads as follows:


Sec.  12.7  Certification of compliance.

* * * * *
    (d) Timely filing. In order for a person to be determined eligible 
for Federal crop insurance premium subsidies for a policy or plan of 
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501-1524), 
the person must have Form AD-1026 or successor form on file with FSA, 
as specified in Sec.  12.13.

0
9. Amend Sec.  12.9 as follows:
0
a. Revise paragraphs (a) and (b)(1);
0
b. Redesignate paragraph (b)(2) as paragraph (b)(3);
0
c. Add paragraph (b)(2);
0
d. In newly redesignated paragraph (b)(3), remove the word ``renter'' 
both times it appears, and add the word ``sharecropper'' in its place.
    The revisions and addition read as follows:


Sec.  12.9  Landlords and tenants.

    (a) Landlord eligibility. Landlord eligibility will include the 
following:
    (1) Except as provided in paragraph (a)(2) of this section, the 
ineligibility of a tenant or sharecropper for:
    (i) Program benefits (as specified in Sec.  12.4) except as 
provided in paragraph (a)(1)(ii) of this section will not cause a 
landlord to be ineligible for USDA program benefits accruing with 
respect to land other than those in which the tenant or sharecropper 
has an interest; and
    (ii) Federal crop insurance premium subsidies for a policy or plan 
of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501-1524) 
will, in lieu of ineligibility for premium subsidy, result in a 
reduction in the amount of premium subsidy paid by FCIC on all policies 
and plans of insurance for the landlord.
    (A) The percentage reduction will be determined by comparing the 
total number of cropland acres on the farm on which the violation 
occurred to the total number of cropland acres on all farms in which 
landlord has an interest, as determined by FSA.
    (B) The farms and cropland acres used to determine the premium 
subsidy reduction percentage will be the farms and cropland acres of 
the landlord for the reinsurance year in which the tenant or 
sharecropper is determined ineligible.
    (C) The percentage reduction will be applied to all policies and 
plans of insurance of the landlord in the reinsurance year subsequent 
to the reinsurance year in which the tenant or sharecropper is 
determined ineligible.
    (D) If the landlord and tenant or sharecropper are insured under 
the same policy, the landlord will be ineligible for premium subsidy on 
that policy in lieu of a percentage reduction on that policy.
    (2) If the production of an agricultural commodity on highly 
erodible land or converted wetland by the landlord's tenant or 
sharecropper is required under the terms and conditions of the 
agreement between the landlord and such tenant or sharecropper and such 
agreement was entered into after December 23, 1985, or if the landlord 
has acquiesced in such activities by the tenant or sharecropper:
    (i) The provisions of paragraph (a)(1)(i) of this section will not 
be applicable to a landlord; and
    (ii) A landlord will be ineligible for premium subsidy on all 
policies and plans of insurance in the reinsurance year subsequent to 
the reinsurance year in which the tenant or sharecropper is determined 
ineligible.
    (b) Tenant or sharecropper eligibility. Tenant or sharecropper 
eligibility will include the following:
    (1) If all of the requirements in paragraph (b)(2) of this section 
are met:
    (i) The ineligibility of a tenant or sharecropper, except as 
provided in paragraph (b)(1)(ii) of this section, may be limited to the 
program benefits listed in Sec.  12.4(b) accruing with respect to only 
the farm on which the violation occurred; and
    (ii) In lieu of ineligibility for Federal crop insurance premium 
subsidies for all policies or plans of insurance under the Federal Crop 
Insurance Act (7 U.S.C. 1501-1524), the premium subsidy on all policies 
and plans of insurance of the ineligible tenant or sharecropper will be 
reduced.
    (A) The percentage reduction will be determined by comparing the 
total number of cropland acres on the farm on which the violation 
occurred to the total number of cropland acres on all farms in which 
tenant or sharecropper has an interest, as determined by FSA.
    (B) The farms and cropland acres used to determine the premium 
subsidy reduction percentage will be the farms and cropland acres of 
the tenant or sharecropper for the reinsurance year in which the tenant 
or sharecropper is determined ineligible.
    (C) The percentage reduction will be applied to all policies and 
plans of insurance of the tenant or sharecropper in the reinsurance 
year subsequent to the reinsurance year in which the tenant or 
sharecropper is determined ineligible.
    (D) If the landlord and tenant or sharecropper are insured under 
the same policy, the tenant or sharecropper will be ineligible for 
premium subsidy on that policy in lieu of a percentage reduction on 
that policy.
    (2) The provisions of paragraph (b)(1) of this section will not 
apply unless all the following are met:
    (i) The tenant or sharecropper shows that a good-faith effort was 
made to comply by developing an approved conservation plan for the 
highly erodible land in a timely manner and prior to any violation of 
the provisions of this part;
    (ii) The owner of such farm refuses to apply such a plan and 
prevents the tenant or sharecropper from implementing certain practices 
that are a part of the approved conservation plan; and
    (iii) FSA determines that the lack of compliance is not a part of a 
scheme or device as described in Sec.  12.10.
* * * * *

0
10. Add Sec.  12.13 to read as follows:


Sec.  12.13  Special Federal crop insurance premium subsidy provisions.

    (a) General. The provisions and exemptions in this section are only 
applicable to Federal crop insurance premium subsidies for a policy or 
plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501-
1524). The exemptions in this section are in addition to any that apply 
under Sec.  12.5. Any conflict between this section and another will be 
resolved by applying this section, but only for Federal crop insurance 
premium subsidies. Any exemptions or relief under this section apply to 
Federal crop insurance premium subsidies and do not apply to other 
benefits even for the same person for the same crop year or reinsurance 
year. Unless otherwise specified in this section, the provisions in 
this section apply to both highly erodible land and wetlands.
    (b) Ineligibility for failing to certify compliance. Subject to 
paragraphs (b)(2) and (3) of this section, failing to certify 
compliance as specified in Sec.  12.7 will result in ineligibility as 
follows:
    (1) A Form AD-1026, or successor form, for the person must be on 
file with FSA on or before June 1 prior to the beginning of the 
reinsurance year (July 1) in order for the person to be eligible for 
any Federal crop insurance premium subsidies for the reinsurance year. 
Failure to file Form AD-1026, or successor form, with FSA on or before 
June 1 prior to the beginning of the reinsurance year (July 1) will 
result in ineligibility for premium subsidies for the entirety of that 
reinsurance year.
    (2) A person will have until the first applicable crop insurance 
sales closing date to provide information necessary

[[Page 22882]]

for the person's filing of a Form AD-1026 if the person:
    (i) Is unable to file a Form AD-1026 by June 1 due to circumstances 
beyond the person's control, as determined by FSA; or
    (ii) Files a Form AD-1026 by June 1 in good faith and FSA 
subsequently determines that additional information is needed, but the 
person is unable to comply by July 1 due to circumstances beyond the 
control of the person.
    (3) A person who does not have Form AD-1026, or successor form, on 
file with FSA on or before June 1 prior to the beginning of the 
reinsurance year may be eligible for Federal crop insurance premium 
subsidy for the subsequent reinsurance year if the person can 
demonstrate they began farming for the first time after June 1 but 
prior to the beginning of the reinsurance year (July 1). For example, a 
person who started farming for the first time on June 15, 2015, will be 
eligible for Federal crop insurance premium subsidies for the 2016 
reinsurance year without a Form AD-1026 on file with FSA. However, in 
that case, the person must file Form AD-1026 with FSA on or before June 
1, 2016 to be eligible for premium subsidy for the 2017 reinsurance 
year.
    (c) Ineligibility for violations. If a person is ineligible due to 
a violation of the provisions of this part, the timing and results will 
be as follows:
    (1) Unless an exemption in this section or Sec.  12.5 applies, 
ineligibility for Federal crop insurance premium subsidy for a policy 
or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 
1501-1524) due to a violation of the provisions of this part will:
    (i) Not apply to the reinsurance year in which the violation 
occurred or any reinsurance year prior to the date of the final 
determination of a violation, including all administrative appeals of 
the determination, as determined by NRCS or FSA as applicable; and
    (ii) Only apply to reinsurance years subsequent to the date of a 
final determination of a violation, including all administrative 
appeals of the determination, as determined by NRCS or FSA as 
applicable. A person who is in violation of the provisions of this 
part, as determined by FSA or NRCS, in a reinsurance year, will, unless 
otherwise exempted, be ineligible for any Federal crop insurance 
premium subsidy beginning with the subsequent reinsurance year. For 
example, a person who is determined to be in violation of the 
provisions of this part and has exhausted all administrative appeals on 
June 1, 2015, (2015 reinsurance year) will, unless otherwise exempted, 
be ineligible for Federal crop insurance premium subsidy effective July 
1, 2015, the start of the 2016 reinsurance year, and will not be 
eligible for any Federal crop insurance premium subsidy for any policy 
or plan of insurance during the 2016 reinsurance year. Even if the 
person becomes compliant during the 2016 reinsurance year, the person 
will not be eligible for Federal crop insurance premium subsidy until 
the 2017 reinsurance year starting on July 1, 2016.
    (2) Eligibility for Federal crop insurance premium subsidy for a 
policy or plan of insurance under the Federal Crop Insurance Act (7 
U.S.C. 1501-1524) due to a violation of the provisions of this part 
will be based on FSA and NRCS final determinations, including all 
administrative appeals, regarding compliance with the provisions of 
this part.
    (3) The amount of premium subsidy for an insured person will be 
reduced when any person with a substantial beneficial interest in the 
insured person is ineligible for premium subsidy under this part. The 
amount of reduction will be commensurate with the ineligible person's 
substantial beneficial interest in the insured person. The ineligible 
person's substantial beneficial interest in the insured person will be 
determined according to the policy provisions of the insured person.
    (4) Administrative appeals include appeals made in accordance with 
Sec.  12.12 and part 11 of this title, but do not include any judicial 
review or appeal, or any other legal action.
    (d) Exemption to develop and comply with an approved HEL 
conservation plan. The following exemptions provide a delay in the 
requirement to develop and comply with an NRCS approved HEL 
conservation plan for certain persons.
    (1) Persons subject to the provisions of this part regarding highly 
erodible land, specifically those related to section 1211(a) of the 
Food Security Act of 1985, as amended, for the first time solely due to 
amendments to that section by section 2611(a) of the Agricultural Act 
of 2014 (16 U.S.C. 3811(a)(1)), will have 5 reinsurance years after the 
date the person is determined to have HEL and has exhausted all 
administrative appeals, if applicable, to develop and comply with a 
conservation plan approved by NRCS before being ineligible for Federal 
crop insurance premium subsidies. The additional time to develop and 
comply with a conservation plan approved by NRCS applies only to 
persons who have not previously been subject to the highly erodible 
land conservation provisions of this part. The additional time provided 
in this paragraph does not apply to any person who had any interest in 
any land or crop, including an affiliated person, that was subject to 
the provisions of this part before February 7, 2014. The 5 reinsurance 
years to develop and comply with a conservation plan approved by NRCS 
starts:
    (i) For persons who have no land with an NRCS HEL determination, 
the 5 reinsurance years begins the start of the reinsurance year (July 
1) following the date NRCS makes a HEL determination and the person 
exhausts all their administrative appeals; or
    (ii) For persons who have any land for which an NRCS HEL 
determination has been made and all administrative appeals have been 
exhausted, the 5 reinsurance years begins the start of the reinsurance 
year (July 1) following the date the person certifies compliance with 
FSA to be eligible for USDA benefits subject to the conservation 
compliance provisions.
    (2) Persons who meet all the following criteria will have 2 
reinsurance years from the start of the reinsurance year (July 1) 
following the date the person certifies compliance with FSA to be 
eligible for USDA benefits subject to the conservation compliance 
provisions to develop and comply with a conservation plan approved by 
NRCS before being ineligible for Federal crop insurance premium 
subsidies:
    (i) Were subject to the provisions of this part regarding highly 
erodible land, specifically those related to section 1211(a) of the 
Food Security Act of 1985 (16 U.S.C. 3811(a)(1)), as amended, any time 
before February 7, 2014;
    (ii) Before February 7, 2014, stopped participating in all USDA 
programs subject to the provisions of this part regarding highly 
erodible land;
    (iii) Would have been in violation of the provisions of this part 
regarding highly erodible land had they continued to participate in 
those programs after February 7, 2014; and
    (iv) Are currently in violation of the provisions of this part 
regarding highly erodible land.
    (e) Exemption for prior wetland conversions completed prior to 
February 7, 2014. No person will be ineligible for Federal crop 
insurance premium subsidies for a policy or plan of insurance under the 
Federal Crop Insurance Act (7 U.S.C. 1501-1524) for:
    (1) Converting a wetland if the wetland conversion was completed, 
as determined by NRCS, before February 7, 2014; or
    (2) Planting or producing an agricultural commodity on a converted

[[Page 22883]]

wetland if the wetland conversion was completed, as determined by NRCS, 
before February 7, 2014.
    (f) Exemption for wetland conversion that impacts less than 5 
acres. The following exemption is for wetland conversion that impacts 
less than 5 acres of an entire farm:
    (1) In lieu of ineligibility for Federal crop insurance premium 
subsidies for a policy or plan of insurance under the Federal Crop 
Insurance Act (7 U.S.C. 1501-1524) due to a wetland conversion 
violation or concurrent with a planned wetland conversion occurring 
after February 7, 2014, a person may, if approved by NRCS, pay a 
contribution to NRCS in an amount equal to 150 percent of the cost of 
mitigating the converted wetland, as determined by NRCS.
    (2) A person is limited to only one exemption, as determined by 
NRCS, described in paragraph (f)(1) of this section per farm.
    (3) NRCS will not refund this payment even if the person later 
conducts actions which will mitigate the earlier conversion.
    (g) Exemption for wetland conversion when a policy or plan of 
insurance is available to a person for the first time. The following 
exemption is for wetland conversion when a policy or plan of insurance 
is available to the person for the first time.
    (1) When a policy or plan of insurance that provides coverage for 
an agricultural commodity is available to the person, including as a 
person who is a substantial beneficial interest holder, for the first 
time after February 7, 2014, as determined by RMA, ineligibility for 
Federal crop insurance premium subsidies for such policy or plan of 
insurance due to a wetland conversion violation will only apply to 
wetland conversions that are completed, as determined by NRCS, after 
the date the policy or plan of insurance first becomes available to the 
person.
    (2) The exemption described in paragraph (g)(1) of this section:
    (i) Applies only to the policy or plan of insurance that becomes 
available to the person for the first time after February 7, 2014, as 
determined by RMA;
    (ii) Does not exempt or otherwise negate the person's ineligibility 
for Federal crop insurance premium subsidies on any other policy or 
plan of insurance; and
    (iii) Applies only if the person takes steps necessary, as 
determined by NRCS, to mitigate all wetlands converted after February 
7, 2014, in a timely manner, as determined by NRCS, but not to exceed 2 
reinsurance years.
    (3) For the purposes of the paragraph (g)(1) of this section:
    (i) A policy or plan of insurance is considered to have been 
available to the person after February 7, 2014, if, after February 7, 
2014, in any county in which the person had any interest in any 
acreage, including as a person who is a substantial beneficial interest 
holder:
    (A) There was a policy or plan of insurance available on the county 
actuarial documents that provided coverage for the agricultural 
commodity; or
    (B) The person obtained a written agreement to insure the 
agricultural commodity in any county; and
    (ii) Changing, adding, or removing options, endorsements, or 
coverage to an existing policy or plan of insurance will not be 
considered as a policy or plan of insurance being available for the 
first time to a person.
    (h) Wetland conversion mitigation exemption. Unless another 
exemption applies, the following exemption provides additional time to 
mitigate wetland conversions.
    (1) A person determined to be in violation of the provisions of 
this part due to a wetland conversion occurring after February 7, 2014, 
will have 1 reinsurance year after the final determination of 
violation, including all administrative appeals, as determined by NRCS, 
to initiate a mitigation plan to remedy the violation, as determined by 
NRCS, before becoming ineligible for Federal crop insurance premium 
subsidies for a policy or plan of insurance under the Federal Crop 
Insurance Act (7 U.S.C. 1501-1524.). For example, if in May 2017, after 
NRCS has determined that a person is in violation for converting a 
wetland and the person has exhausted all administrative appeals, the 
person will have until June 30, 2018, to initiate a mitigation plan to 
remedy the violation before becoming ineligible for Federal crop 
insurance premium subsidies starting with the 2019 reinsurance year.
    (2) Notwithstanding paragraph (h)(1) of this section, if a person 
determined to be in violation of the provisions of this part due to a 
wetland conversion occurring after February 7, 2014, as determined by 
NRCS, and is subject to the provisions of this part for the first time 
solely due to section 2611(b) of the Agricultural Act of 2014, such 
person will have 2 reinsurance years after the final determination of 
violation, including all administrative appeals, as determined by NRCS, 
to be implementing all practices in a mitigation plan to remedy the 
violation, as determined by NRCS, before becoming ineligible for 
Federal crop insurance premium subsidies for a policy or plan of 
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501-1524).
    (3) Administrative appeals include appeals made in accordance with 
Sec.  12.12 and part 11 of this title, but do not include any judicial 
review or appeal, or any other legal action.
    (i) Good faith exemption. The following is a good faith exemption 
for wetland conservation:
    (1) A person determined by FSA or NRCS to be in violation, 
including all administrative appeals, of the provisions of this part 
due to converting a wetland after February 7, 2014, or producing an 
agricultural commodity on a wetland that was converted after February 
7, 2014, may regain eligibility for Federal crop insurance premium 
subsidies for a policy or plan of insurance under the Federal Crop 
Insurance Act (7 U.S.C. 1501-1524) if all of the following criteria are 
met:
    (i) FSA determines that such person acted in good faith and without 
the intent to violate the wetland conservation provisions of this part;
    (ii) NRCS determines that the person is implementing all practices 
in a mitigation plan to remedy or mitigate the violation within an 
agreed-to period, not to exceed 2 reinsurance years; and
    (iii) The good faith determination of the FSA county or State 
committee has been reviewed and approved by the applicable State 
Executive Director, with the technical concurrence of the State 
Conservationist; or District Director, with the technical concurrence 
of the area conservationist.
    (2) In determining whether a person acted in good faith under 
paragraph (i)(1)(i) of this section, FSA will consider such factors as 
whether:
    (i) The characteristics of the site were such that the person 
should have been aware that a wetland existed on the subject land;
    (ii) NRCS had informed the person about the existence of a wetland 
on the subject land;
    (iii) The person has a record of violating the wetland provisions 
of this part or other Federal, State, or local wetland provisions; or
    (iv) There exists other information that demonstrates the person 
acted with the intent to violate the wetland conservation provisions of 
this part.
    (3) After the requirements of paragraph (i)(1) of this section are 
met, FSA may waive applying the ineligibility provisions of this 
section to allow the person to implement the mitigation plan approved 
by NRCS. The

[[Page 22884]]

waiver will apply for up to two reinsurance years.
    (j) Landlord and Tenant wetland violations relief. The following 
provides landlord and tenant relief for wetland violations:
    (1) Except as provided in (j)(2) of this section, the ineligibility 
of a tenant or sharecropper for Federal crop insurance premium 
subsidies for a policy or plan of insurance under the Federal Crop 
Insurance Act (7 U.S.C. 1501-1524) will, in lieu of ineligibility for 
premium subsidy, result in a reduction in the amount of premium subsidy 
paid by FCIC on all policies and plans of insurance for the landlord.
    (i) The percentage reduction will be determined by comparing the 
total number of cropland acres on the farm on which the violation 
occurred to the total number of cropland acres on all farms in which 
landlord has an interest, as determined by FSA.
    (ii) The farms and cropland acres used to determine the premium 
subsidy reduction percentage will be the farms and cropland acres of 
the landlord for the reinsurance year in which the tenant or 
sharecropper is determined ineligible.
    (iii) The percentage reduction will be applied to all policies and 
plans of insurance of the landlord in the reinsurance year subsequent 
to the reinsurance year in which the tenant or sharecropper is 
determined ineligible.
    (iv) If the landlord and tenant or sharecropper are insured under 
the same policy, the landlord will be ineligible for premium subsidy on 
that policy in lieu of a percentage reduction on that policy.
    (2) A landlord will be ineligible for the premium subsidy on all 
policies and plans of insurance in the reinsurance year subsequent to 
the reinsurance year in which the tenant or sharecropper is determined 
ineligible if the production of an agricultural commodity on a 
converted wetland by the landlord's tenant or sharecropper is required 
under the terms and conditions of the agreement between the landlord 
and such tenant or sharecropper and such agreement was entered into 
after February 7, 2014, or if the landlord has acquiesced in such 
activities by the tenant or sharecropper.
    (3) If all the requirements in paragraph (j)(4) of this section are 
met, in lieu of ineligibility for Federal crop insurance premium 
subsidies for all policies or plans of insurance under the Federal Crop 
Insurance Act (7 U.S.C. 1501-1524) for producing or planting an 
agricultural commodity on a wetland converted after February 7, 2014, 
the premium subsidy on all policies and plans of insurance of the 
ineligible tenant or sharecropper will be reduced.
    (i) The percentage reduction will be determined by comparing the 
total number of cropland acres on the farm on which the violation 
occurred to the total number of cropland acres on all farms in which 
tenant or sharecropper has an interest, as determined by FSA.
    (ii) The farms and cropland acres used to determine the premium 
subsidy reduction percentage will be the farms and cropland acres of 
the tenant or sharecropper for the reinsurance year in which the tenant 
or sharecropper is determined ineligible.
    (iii) The percentage reduction will be applied to all policies and 
plans of insurance of the tenant or sharecropper in the reinsurance 
year subsequent to the reinsurance year in which the tenant or 
sharecropper is determined ineligible.
    (iv) If the landlord and tenant or sharecropper are insured under 
the same policy, the tenant or sharecropper will be ineligible for 
premium subsidy on that policy in lieu of a percentage reduction on 
that policy.
    (4) The provisions of paragraph (j)(3) of this section will not 
apply unless all the following are met:
    (i) The tenant or sharecropper shows that a good-faith effort was 
made to comply by developing a plan, approved by NRCS, for the 
restoration or mitigation of the converted wetland in a timely manner 
and prior to any violation;
    (ii) The owner of such farm refuses to apply such a plan and 
prevents the tenant or sharecropper from implementing the approved 
plan;
    (iii) FSA determines the lack of compliance is not a part of a 
scheme or device as described in Sec.  12.10; and
    (iv) The tenant or sharecropper actively applies the practices and 
measures of the approved plan that are within their control.
    (k) Evaluation of certification. NRCS will evaluate the 
certification in a timely manner.
    (1) A person who properly completes, signs, and files Form AD-1026, 
or successor form, with FSA certifying compliance with the provisions 
of this part will be eligible for Federal crop insurance premium 
subsidies for a policy or plan of insurance under the Federal Crop 
Insurance Act (7 U.S.C. 1501-1524) during the period of time such 
certification is being evaluated by NRCS, if an evaluation is required.
    (2) A person will not be ineligible for Federal crop insurance 
premium subsidies for a policy or plan of insurance under the Federal 
Crop Insurance Act (7 U.S.C. 1501-1524) if:
    (i) NRCS fails to complete a required evaluation of the person's 
Form AD-1026, or successor form in a timely manner after all 
documentation has been provided to NRCS; and
    (ii) The person is subsequently determined to have been in 
violation of the provisions of this part during the time NRCS was 
completing the evaluation.
    (3) The relief from ineligibility provided in paragraph (k)(2) of 
this section:
    (i) Applies only to violations that occurred prior to or during the 
time NRCS is completing the required evaluation;
    (ii) Does not apply to any violations that occur subsequent to NRCS 
completing the evaluation;
    (iii) Does not apply if FSA or NRCS determines the person employed, 
adopted, or participated in employing or adopting a scheme or device, 
as provided in Sec.  12.10, to evade the provisions of this part or to 
become eligible for the relief provided in paragraph (k)(2) of this 
section; and
    (iv) Does not apply if the required evaluation is delayed due to 
unfavorable site conditions for the evaluation of soils, hydrology, or 
vegetation.
    (l) Failing to notify FSA of a change. Requirements to pay 
equitable contribution for failing to notify FSA of a change are as 
follows.
    (1) A person who fails to notify FSA of any change that could alter 
their status as compliant with the provisions of this part and is 
subsequently determined, by FSA or NRCS, to have committed a violation 
of the wetland conservation provisions of this part after February 7, 
2014, will be required to pay to NRCS an equitable contribution.
    (2) The amount of equitable contribution will be determined by 
NRCS, but will not exceed the total amount of Federal crop insurance 
premium subsidy paid by FCIC on behalf of the person for all policies 
and plans of insurance for all years in which the person is determined 
to have been in violation.
    (3) A person who fails to pay the full equitable contribution 
amount by the due date determined by NRCS will be ineligible for 
Federal crop insurance premium subsidy on any policy or plan of 
insurance beginning with the subsequent reinsurance year. The person 
will be ineligible for Federal crop insurance premium subsidy for the 
entire reinsurance year even if full payment of the equitable 
contribution amount is received by NRCS during the reinsurance year.

[[Page 22885]]

Sec.  12.31  [Amended]

0
11. Amend Sec.  12.31(b)(1), as follows:
0
a. Remove the words ``in the National List of Plant Species that Occur 
in Wetlands'' and add the words ``in the National Wetland Plant List, 
or (as determined by NRCS) successor publication'' in their place; and
0
b. Remove the words ``may be obtained upon request from the U.S. Fish 
and Wildlife Service at National Wetland Inventory, Monroe Bldg. Suite 
101, 9720 Executive Center Drive, St. Petersburg, Florida 33702'' and 
add the words ``may be accessed at: https://
rsgisias.crrel.usace.army.mil/NWPL/'' in their place.


Sec.  12.34  [Removed]

0
12. Remove Sec.  12.34.

    Signed on April 20, 2015.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2015-09599 Filed 4-23-15; 08:45 am]
 BILLING CODE 3410-05-P