Swampbuster and Sodbuster Programs

Date: 7/07
Position Number: V-D-2
Expires: 3/08

Resolution/Position:

1. The Swampbuster provision should not apply to lands cropped or considered cropped during any one year of the 1981-1985 period. Federal program benefits should be denied only to those lands broken after the enactment of the legislation.
2. Any penalties assessed by the county Farm Service Agency (FSA) committee for violations of the current regulations should be comparable to the severity of the infractions.
3. Swampbuster and sodbuster provisions should have clear and concise definitions, with the National Resources Conservation Service (NRCS) being the sole regulatory agency.
4. Support a simplified, timely and equitable dispute resolution process.
5. Support the rights of farmers and drainage districts to repair, upgrade, and maintain all public and private drainage systems.
6. Support the rights of farmers and drainage districts to drain, improve or maintain any land that has been changed by wind, floods or any forces beyond the farmer’s control.
7. Proper compensation should be provided to property owners, drainage districts and other units of local government if delineation of a parcel of land as a wetland results in an economic loss.
8. Support mitigation banking for agricultural wetland conversions utilizing a values and functional use criteria which is reasonable and reciprocal.
9. Delineation of agricultural wetlands should be made by soil and water district boards, with state NRCS offices providing standard interpretation of wetland guidelines.
10. Support a paid wetlands reserve program.
11. A minimal effects system should be developed and implemented that would permit acreage with little or no wetland value to be exempt from regulation under Section 404 and Swampbuster.
12. To be classified as a wetland, a parcel of land must exhibit during the growing season (to be defined as historical average of frost-free days in the geographic area) all three of the following criteria:
    1. Hydric soils.
    2. Hydrophytic vegetation.
    3. Saturation to the soil surface for 21 days or standing water for 15 days following normal rainfall.
13. Maps used for wetland determinations must accurately reflect the above criteria. Farmers should have the right to local on-site determinations, if they wish.
14. Oppose wetlands determinations based on the 15 days standing water criteria that resulted from failure of internal drainage due to high river stages.
15. We believe all land farmed and/or where conversion was commenced or was within a drainage district prior to December 23, 1985, should be considered prior converted and exempted from further regulation.
16. Appropriate agencies should conduct educational programs to encourage the voluntary conservation of wetlands.
17. Wetlands guidelines should allow the benefits of agricultural conversion to be considered in the Section 404 permitting process and the determination of farm program eligibility.
18. State wetland regulations should be no more restrictive than comparable federal guidelines.
19. The scope of wetlands regulation should be limited to wetland areas of 5 acres or larger.
20. Sunsetting of wetland determinations and certifications should be discontinued.
21. All regions of the country should use the same wetland hydrology criteria with no exception areas such as prairie potholes and playa lake regions.
22. Support all federal regulatory agencies claiming jurisdiction over wetlands being required to identify and coordinate their areas of jurisdiction and to submit proposed rules to public comments to avoid abuse of authority and to prevent overlapping regulations at any specific site.