Part 513 – HELC Technical Assistance, Exemptions and Variances

Technical Assistance  Crop Residue Measurements  Participant can make measurements or have a TSP take measurements  Must be completed according to guidelines in the NAM Part (Crop residues) or NRPH Chapter 4 (Live crop)

Self Certification  Participant can self certify –  Compliance with HELC  Application of plan or system  Crop residue measurements  Participant is responsible for applying required practices and following schedule  If excess soil erosion occurs due to lace of application – field and tract will be in noncompliance unless justification for a variance is provided

Self Certification  Participant is responsible for keeping records –  Residue levels  Crops grown (acres & rotation)  Chemical use  Tillage operations  Yield information  O&M  May be kept by producer, CCA, ag. industry rep., or consultant  Records may be used for status reviews  May be used to prove a system is in use – single year deficiency not sole basis for noncompliance

Reinstatement Guidelines  Can be reinstated crop year after the year determined to be ineligible  Must develop a conservation plan and implement a conservation system  NRCS must complete plan within 45 days after request is made and complete a status review within the crop year of reinstatement  NRCS provides NRCS-CPA-27 to FSA when plan is completed & informs participant of requirements in (d)

Deficiencies and Violations  Deficiency – lack, shortage, shortfall, failure, or insufficiency in a USDA participant’s implementation of a conservation system that would adversely impact HELC or WC compliance  Violation – infraction, breach of the statute or regulation, contravention of duty, or failure to comply with HECL/WC provisions resulting from a deficiency or potential deficiency in the USDA participant’s performance

Exemptions  Provide temporary relief from compliance due to certain circumstances  Undue economic hardship - FSA  Tenant exemption - FSA  Two acre non-commercial cropland - FSA  “Good-Faith” waiver - FSA  Small area - NRCS  Sodbuster-interseeding - NRCS  Soil maps not available - NRCS  Expiring CRP land

Variances  Provide approved deviation from HELC requirements - NRCS  Deficiencies found while providing technical assistance (TA)  Temporary variance for weather, pests, or disease (AC)  Failure of a technical and minor nature – HELC minimal effect (AM)  Personal hardship or NRCS error (AH)

Review and Follow-up  A compliance status review must be completed for every tract where a variance or exemption is granted in the previous year

Undue Economic Hardship  Granted by FSA for failure to apply if system would impose undue economic hardship on the person  NRCS will work with the person –  Develop a system that meets FOTG standards  Provide implementation schedule NTE one year  Inform person that a status review will be done the following year

Tenant Exemption  Granted by FSA if tenant makes a good faith effort, but the landlord –  Won’t allow tenant to install measures/practices  Imposes terms that prevent implementation  FSA provides AD-1026B  NRCS will work with the person –  Provide w/in 45 days information for actions needed to comply with HELC  Help tenant apply measures/practices  Complete FSA-569 (Flag as “not actively applying”)  Inform person that a status review will be done the following year

Two-acre noncommercial cropland exemption  For areas of 2 acres of less where non- commercial production of agricultural commodities are grown  Example: Home gardens  FSA COC makes all decisions for this exemption

“Good-Faith” Waiver If FSA determines… AND the person(s) Then NRCS will… That the person acted in good faith without intent to violate Agrees w/in 45 days to implement practices/ system within NTE 1 year Return AD-1068B to FSA. Perform compliance review in the year following Agrees w/in 45 days to implement practices/ system but doesn’t within 1 year Report failure to comply to FSA on FSA-569 Does not agree to implement needed practices, plan, or system Report failure to comply to FSA on FSA-569

“Good-Faith” Waivers  A graduated payment reduction of $500 to $5000 based on acres and EI of sodbusted land will be applied on land converted to crop production after December 23, 1985  NRCS provides documents, conservation plan, face to face discussion, EI information to CD

Small Area/Sodbuster- Interseeding Exemptions  Applies to small areas such as non-cropland areas, abandoned farmsteads, areas around wells, rock piles, etc. w/in or adjacent to HEL  NRCS makes this determination  Interseeding of close grown crops for grazing, haying or silage is not considered planting of an agricultural commodity  NRCS makes this determination

Soil Maps Not Available  If soil survey maps are not available –  NRCS must provide soils data w/in 2 years  Participant must apply a system that provides sufficient soil protection until an HEL determination is made  Participant is eligible for USDA benefits

Expired CRP Contracts  Participant must apply a conservation system that –  Provides equivalent erosion control as the system being used prior to enrollment  A level of protection that is 75% of the PE NTE 2T  Allowed up to two years to install any needed structural practices

Deficiencies Found During TA (TA)  If a deficiency is found while providing routine TA and the violation is not observed during a status review or whistleblower investigation -  45-Day, One-Year Rule  Inform participant w/in 45 days of violation and practices/actions needed to comply  Provide time (NTE 1 year) to apply needed treatments  Perform status review in following year  Request FSA-569 if participant refuses to agree to comply or if fails to apply the required system w/in the required time frame

Weather, Pests, or Disease (AC)  Temporary variance to address weather, pest, or disease problems  Unfavorable condition must be documented (generally based on a declared county, area, or region basis)  Participant requests & NRCS must respond w/in 30 days or automatically granted  Status review must be conducted in following year

Failure of a Technical and Minor Nature (AM)  Considered technical and minor if it has a minimal effect on soil protection & is due to -  Failure to apply one or more practices  Failure to maintain one or more practices  Document -  Practices and/or O&M not applied  Impact of non-application  Practices/O&M being implemented  Practices/O&M must be corrected w/in one year  Status review must be conducted in following year

Personal Hardship or NRCS Error (AH)  Conservation system not applied due to a technical error, incorrect plan, or an extreme personal hardship or unusual occurrence  Impaired physical condition  Death of farm operator or family member that prevented application  Destruction of building or equipment by fire or similar adverse event

Personal Hardship or NRCS Error (AH)  Must be sufficient documentation to support the determination  For NRCS Errors -  Producer must have applied for TA in time for NRCS to provide assistance  Producer doesn’t have knowledge of types or kinds of practices needed to be in compliance  Previous variance hasn’t been granted for the same reason