HEL Conservation Compliance

1
HEL Conservation Compliance

• Beth A Schuler
• National Highly Erodible Land Specialist,
  Conservation Operations Division

2
HELC/WC General Information

• Status of the Final Rule being promulgated
• Recent Activities
• GAO Audit Results
• OIG Audit Results
• Violation Determinations Who can make them?
• Agency Policy NFSAM now on the Web!!
• Compliance Review Procedures
• Equitable Relief not applicable to HELC/WC

3
Status of the Final Rule

• The HELC/WC rule, 7 CFR Part 12 is currently
  undergoing agency and OGC review.
• Several changes, mostly to the wetland
  conservation provisions.
• Some clarifications to the current definitions.
• Two statutory changes to who can make a violation
  determination.

4
GAO Audit Results

• The audit was conducted during 2002.
• Requested by IA Senator Harkin as a result of
  complaints received from several entities about
  USDA implementation problems
• Conducted nationwide through a web-based survey
  live in 5 States.
• Audit results are not finalized as yet.

5
OIG Audit

• Audit conducted in 1 State, multiple counties
  during 2001
• Resulted from a Whistleblower Complaint regarding
  the apparent differences found between areas in
  USDA implementation of the provisions
• State-level data expanded to reflect National
  levels.

6
GAO Audit Results

• Some of the findings included
• An unwillingness of the agency to find USDA
  participants in violation of the provisions.
• Compliance status reviews not being completed
  correctly or at the appropriate time.
• Good Faith being given inappropriately in some
  cases.
• NFSAM unclear or conflicting on many procedures.
• Employees (NRCS) do not possess the skills
  necessary to implement the HELC/WC provisions.

7
OIG Audit Results

• Current NRCS Status Review Process flawed.
• NRCS has agreed to revise the process (currently
  using Access97 database procedure) and make the
  process a web-based procedure.
• Conflicting policy between NRCS and FSA.
• The agency agreed to work closely with FSA in
  ensuring that agency policy documents (NFSAM and
  6-CP) are in agreement.

8
OIG Audit Results

• Employees inappropriately granting variances,
  good faith exemptions, and use of mediation.
• The agency has agreed to provide training to the
  States on implementation of the HELC/WC
  provisions. Also, NRCS has agreed to provide
  training on the proper use of variances,
  exemptions, and mediation.

9
OIG Audit Results

• NFSAM has conflicting information out of date
  information and is not available on-line.
• NRCS has agreed to revise the NFSAM to address
  conflicting policies, update inaccurate policy,
  and make the NFSAM available on-line by August
  2003.

10
2002 Farm Bill Changes

• Only NRCS employees may make a determination of
  HELC/WC violations to FSA.
• The Farm Security and Rural Investment Act of
  2002, Section 2002(a)(2), Conservation Compliance
  amended Section 1211 of the Food Security Act of
  1985 by adding Section 1211(b)
• Highly Erodible Land.The Secretary shall have
  , and shall not delegate to any private person or
  entity, authority to determine whether a person
  has complied with this section.

11
2002 Farm Bill Changes

• The Farm Security and Rural Investment Act of
  2002, Section 2002(b), Conservation Compliance
  amended Section 1221 of the Food Security Act of
  1985 by adding Section 1221(e)
• Wetland.The Secretary shall have , and shall
  not delegate to any private person or entity,
  authority to determine whether a person has
  complied with this section.

12
Agency Policy

• NFSAM is on the WEB!
• Part 518, Compliance Status Reviews is now
  available on the NRCS Policy Website
• http//policy.nrcs.usda.gov/scripts/lpsiis.dll/M/
  M_180.htm

13
NFSAM, Part 518
14
Replacing Random Tract

• Randomly selected tracts must be replaced in
  accordance with the proposed GAO audit in order
  to ensure that the compliance status review tract
  database is statistically sound in predicting the
  status of compliance across the Nation.
• See NFSAM, Part 518.03(c) for policy on this
  activity.

15
Compliance Review Procedures
16
Compliance Review Procedures

• NFSAM, Part 518, Compliance Status Reviews
• GM-340, Part 413 General Policy regarding all
  NRCS reviews (being developed)
• National Handbook for Evaluations, Assessments,
  Investigations, and Reviews (being developed)

17
Clarified Use of Variances
NFSAM Part 518.11(f)
18
Variances and Exemptions

• Variances are issued by NRCS during the course
  of a compliance status review. Authorized
  variances are as follows
• AC Special Condition Variance allowable only
  when there are special conditions that prohibited
  application of the conservation system due to
  severe weather, crop pest infestations, or crop
  diseases.

19
Variances and Exemptions

• AH Special Problem Variance allowable only
  when there are special problems such as
• Severe physical condition or death of primary
  farm operator.
• Destruction of holdings, equipment, by natural
  disaster, fire, or similar occurrence.
• NRCS Error that the USDA participant relied upon
  in applying the conservation system.

20
Variances and Exemptions

• AM Minor Technical Failure may only be used
  when there is a failure to completely apply a
  conservation system that meets the soil loss
  reduction requirements. May NOT be used for NRCS
  error.

21
Variances and Exemptions

• CA Conditionally Applying May ONLY be used
  when compliance cannot be determined at the time
  of the review due one or more major practice
  needed to be installed. This should not be used
  on any except the following cases
• Tract coming out of CRP
• New land entered into USDA Benefit programs

22
Variances and Exemptions

• Exemptions are issued by FSA, either the COC or
  the State Committee. The 2 exemptions that are
  authorized are
• Economic Hardship
• Good Faith
• NRCS must be consulted prior to the FSA COC
  issuing a Good Faith Exemption for either HELC or
  WC violation

23
Equitable Relief

• The Equitable Relief provisions outlined in the
  2002 Farm Bill, Section 1613 DO NOT apply to
  violations of HELC or WC. Therefore, NRCS will
  NOT accept or grant any requests for Equitable
  Relief from a violation of these provisions.

24
Conclusion

• For questions, assistance, training, etc.
  regarding the HELC compliance provisions, please
  call
• [phone] FAX [phone]
• Email beth.schuler_at_usda.gov
• This presentation will be available at the
  following URL http//www.nrcs.usda.gov/programs/h
  elc/HELC_training_04302003.ppt