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USDA Publishes Rule on Highly Erodible Land

On Thursday, August 27th, USDA published in the federal register a final rule on Highly Erodible Land and Wetland Conservation provisions of the Food Security Act of 1985, as amended (the 1985 Farm Bill). USDA published an interim rule, with request for comments, on December 7, 2018, to clarify how USDA delineates, determines, and certifies wetlands located on subject land in a manner sufficient for making determinations of ineligibility for certain USDA program benefits. The final rule makes permanent many of the changes made in the interim rule, responds to comments received, and makes further adjustments in response to some of the comments received. A primary concern related to the final rule is that the program in many ways is expected to remain largely subjective as it's often left to the discretion or judgement of personnel at the Natural Resource Conservation Service (NRCS).

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