7 CFR 12.2 - Definitions
| Cite as | 7 CFR 12.2 |
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50 practice notes
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The Navigable Waters Protection Rule: Definition of “Waters of the United States”
...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......
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Epp v. Natural Res. Conservation Serv., 4:18CV3166
...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......
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Horn Farms, Inc. v. Veneman, Cause No. 3:02 CV-0831 AS.
...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 ......
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United States v. Acquest Transit LLC, 09CV55S
...is defined as wetlands converted to farming prior to December 23, 1985, 33 C.F.R. § 328.3(a)(8) (2019) (effective to June 21, 2020); 7 C.F.R. §§ 12.2(a)(8) (definition), 12.5(b)(1)(i) (exemption for wetlands) (Docket No. 334, R&R at 89, 2018 WL 3861612, at *31). This was similar to the USDA......
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43 cases
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Epp v. Natural Res. Conservation Serv., 4:18CV3166
...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......
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Horn Farms, Inc. v. Veneman, Cause No. 3:02 CV-0831 AS.
...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 ......
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United States v. Acquest Transit LLC, 09CV55S
...is defined as wetlands converted to farming prior to December 23, 1985, 33 C.F.R. § 328.3(a)(8) (2019) (effective to June 21, 2020); 7 C.F.R. §§ 12.2(a)(8) (definition), 12.5(b)(1)(i) (exemption for wetlands) (Docket No. 334, R&R at 89, 2018 WL 3861612, at *31). This was similar to the USDA......
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United States v. Acquest Transit LLC, 09-CV-00055S(F)
...commodity, did not support woody vegetation, and any inundation was for fewer than 15 consecutive days. 33 C.F.R. § 328.3(b)(2); 7 C.F.R. §§ 12.2 and 12.8; 40 C.F.R. § 230.3(s). The CWA, however, also provides for the loss of PCC status if "the wetlands characteristics returned after that d......
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3 books & journal articles
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Statutory and Regulatory Citations
...for crop insurance issued by FCIC. § 400.46 Definitions. For the purpose of this regulation and in addition to the dei nitions included at 7 CFR 12.2, the following dei nitions are applicable: (a) Controlled substance means any prohibited drug-producing plants including, but not limited to,......
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Rapanos v. United States: Searching for a Significant Nexus Using Proximate Causation and Foreseeability Principles
...5088 also excludes “prior converted cropland” and “waste treatment systems,” though it also provides a deinition for both terms. 162. 7 C.F.R. §12.2. 163. 40 C.F.R. §122.2. Opponents of S. 787 believe the legislation would expand federal CWA jurisdiction beyond interpretations that existed ......
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Agricultural Wetlands Programs
...adapted for life in saturated soil conditions; and • under normal circumstances does support a prevalence of such vegetation. 25 22. 7 C.F.R. §12.2. 23. his is the most common way to trigger a wetlands determination. he farmer applies for farm beneits on USDA Form AD-1026, which is entitled......