United States Environmental Protection Agency Office of Water (WH-556F). Office of Wetlands. Oceans. and Watersheds (A-104 F) EPA843-F-93-001 s March 1993 WETLANDS FACT SHEET #19 Agriculture and Wetlands: § 404 and Swampbuster The two most important Federal wet- lands programs-that directly affect farmers are the Section 404 permitting program and the Swampbuster program. Section 404 of the dean Water Act requires that individuals must obtain a U. S. Army Corps of Engineers (Corps) 404 permit before discharging dredged or fill mate- rial into waters of the United States, including most wetlands. The Swampbuster program of the Food Security Act, administered by the U. S. Department of Agriculture, is intended to dis- courage the alteration of wetlands by withhold- ing certain Federal farm program benefits from farmers who convert or modify wetlands. Section404 permitting andSwampbuster provision requirements are complex and can be confusing. The Federal agencies involved are actively working together to improve program coordination, and to clarify the relationship be- tween Section 404 and Swampbuster. For ex- ample, "prior converted croplands" have been excluded from regulation under Section 404 to be consistent with Swampbuster. Section 404 Provisions Perhaps the most important informa- tion for farmers regarding Section 404 is that most routine/ ongoing farming activities do not require individual Section 404 permits. Section 404 permitting requirements apply only to discharges of dredged or fill materials in wetlands, streams, rivers, and "other waters of theUnitedStates." In general, farming activities that occur in areas that are not wetlands or waters of the U. S. or that do not involve dis- charges of dredged and fill material do not require Section 404 permits. Many normal farming, silviculture and ranching activities that involve discharges of dredged orfill materials into waters of the United States are exempted from Section 404, and do not require notification or submission of a per- mit application to the Corps. In order to be exempt, the fanning activity must be part of an ongoing fanning operation and cannot be asso- ciated with bringing a wetland into agriculture production or converting an agricultural wet- land to a non-wetland area. Swampbuster Provisions The Swampbuster provision of the 1985 Food Security Act, as amended by the Food, Agriculture, Conservation, and Trade Act of 1990, withholds Federal farm program ben- efits from any person who: • plants an agricultural commodity on a converted wetland that was converted by drainage, dredging, leveling, or any other means after December 23,1985; or • converts a wetland for the purpose of or to make agricultural commodity production possible after November 28,1990. Fanners are asked to report on whether they plan to or have altered any "wet area" when they apply for their farm benefits (Form AD 1026). The Soil Conservation Service assists farmers in making wetland determina- tions with regard to the Swampbuster Pro- gram. To make sure fanners maintain their benefits tinder the USD A farm program,, they should contact the Soil Conservation Service before clearing and stumping, draining, or manipu- lating any wet areas on their land. They should also check with the local Corps district office if they are unsure whether ongoing or planned activities occurring in wetlands are regulated under Section 404. For more information, contact the EPA Wetlands Hotline at 1-800-832-7828 * * contractor operated ------- |