7 CFR 12.2 - Definitions

Cite as7 CFR 12.2
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46 practice notes
  • The Navigable Waters Protection Rule: Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department
    • Invalid date
    ...Manual (NFSAM), including the procedures for how to delineate wetlands and make wetland determinations in accordance with Subpart C of 7 CFR part 12. Due to the unique statutory provisions of the FSA, USDA wetland determinations may identify certain areas as exempt under the 1985 Act but re......
  • Epp v. Natural Res. Conservation Serv., 4:18CV3166
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • November 22, 2019
    ...an agricultural commodity, and on December 23, 1985, did not support woody vegetation and met inundation or saturation criteria. See 7 C.F.R. § 12.2 (definition of FW). ] The Agency notified Previous Producer of the determination by letter dated May 14, 1990. Upon receiving a copy of the le......
  • Dawson Farms, LLC v. Farm Service Agency, No. 06-30917.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 16, 2007
    ...circulation of water) for the purpose of or to have the effect of making possible the production of an agricultural commodity ..." 7 C.F.R. § 12.2(a); see also 16 U.S.C. § 3801(a)(4). The Food, Agriculture, Conservation and Trade Act ("FACTA"), enacted in 1990, strengthened t......
  • Horn Farms, Inc. v. Veneman, Cause No. 3:02 CV-0831 AS.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • May 20, 2004
    ...a prior-converted cropland as of the date of a wetland determination by NRCS." The Regulations define prior-converted cropland in 7 C.F.R. § 12.2(8), which Prior-converted cropland is a converted wetland where the conversion occurred prior to December 23, 1985, an agricultural commodit......
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42 cases
  • Dawson Farms, LLC v. Farm Service Agency, No. 06-30917.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 16, 2007
    ...and circulation of water) for the purpose of or to have the effect of making possible the production of an agricultural commodity ..." 7 C.F.R. § 12.2(a); see also 16 U.S.C. § 3801(a)(4). The Food, Agriculture, Conservation and Trade Act ("FACTA"), enacted in 1990, strengthened the Swampbus......
  • Boucher v. U.S. Dep't of Agric., No. 16-1654
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • August 8, 2019
    ...about whether wetlands exist or have been converted, as well as investigating failures to comply with the Swampbuster provisions. 7 C.F.R. §§ 12.2, 12.6(a)(2) & (c), 12.30(a). And the USDA’s Farm Service Agency (FSA) relies on NRCS’s wetland determinations to make decisions regarding any vi......
  • Epp v. Natural Res. Conservation Serv., 4:18CV3166
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • November 22, 2019
    ...an agricultural commodity, and on December 23, 1985, did not support woody vegetation and met inundation or saturation criteria. See 7 C.F.R. § 12.2 (definition of FW). ] The Agency notified Previous Producer of the determination by letter dated May 14, 1990. Upon receiving a copy of the le......
  • Horn Farms, Inc. v. Veneman, Cause No. 3:02 CV-0831 AS.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • May 20, 2004
    ...of a prior-converted cropland as of the date of a wetland determination by NRCS." The Regulations define prior-converted cropland in 7 C.F.R. § 12.2(8), which Prior-converted cropland is a converted wetland where the conversion occurred prior to December 23, 1985, an agricultural commodity ......
  • Request a trial to view additional results
4 provisions
  • The Navigable Waters Protection Rule: Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department
    • Invalid date
    ...Manual (NFSAM), including the procedures for how to delineate wetlands and make wetland determinations in accordance with Subpart C of 7 CFR part 12. Due to the unique statutory provisions of the FSA, USDA wetland determinations may identify certain areas as exempt under the 1985 Act but re......
  • Revised Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department,Defense Department
    • Invalid date
    ...farmer does not lose eligibility for benefits. USDA defines prior converted cropland for Food Security Act purposes in its regulations at 7 CFR part 12. See 7 CFR 12.2(a) and 12.33(b). In 1993, EPA and the Corps codified an exclusion for prior converted croplands from the definition of ``wa......
  • Notice of Availability of Proposed Changes to Section I of the Indiana Field Office Technical Guide for Public Review and Comment
    • United States
    • Federal Register May 06, 2016
    • May 6, 2016
    ...The following data will be used to indicate that pre-1985 cropping history (``agricultural commodity produced at least once before 1985'' (7 CFR 12.2)) is met. This step may have already been carried out in step 1.3. If so then this section need not be used unless there is a possibility of ......
  • National Wetland Plant List
    • United States
    • Army, Corps Of Engineers Department,Defense Department
    • Invalid date
    ...in saturated soil conditions; and under normal circumstances does support a prevalence of such vegetation.’’ (16 U.S.C. 3801(a)(27) and 7 CFR 12.2). Wetlands are identified using the three- factor approach. Because each species being evaluated occurs as part of a vegetation assemblage, exam......

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