Summary
This regulation (7 CFR Part 12) imposes conservation compliance requirements on farmers receiving USDA benefits. It prohibits production of agricultural commodities on highly erodible land (erodibility index ≥8) or wetlands converted after December 23, 1985, and requires approved conservation plans for highly erodible cropland. Violations trigger ineligibility for numerous USDA programs including crop insurance premium subsidies, farm loans, commodity payments, and EQIP contracts. The rule defines extensive technical terminology (e.g., 'converted wetland', 'farmed wetland', 'conservation system') and contains exemptions for pre-1985 activities, parcels ≤2 acres, good-faith efforts, and minor technical violations.
Reason
This regulation represents federal overreach into land use—a core Tenth Amendment power—masked as a condition for receiving subsidies. It creates a vast enforcement bureaucracy (NRCS, FSA, Conservation Districts) imposing $2,000-$5,000 annual compliance costs per farm, disproportionately crushing small operators. The impenetrable technical definitions ('best drained condition', wetland hydrology criteria) generate legal uncertainty, arbitrary enforcement, and regulatory capture by agribusiness. Most perniciously, it perpetuates the very subsidy system that distorts agriculture; eliminating USDA handouts would remove the need for this coercive regime. Environmental goals are better achieved through state-level regulation, strict liability for downstream damages, or voluntary conservation markets—all respecting property rights and federalism while avoiding the unseen cost: erosion of the rule of law through a regulatory labyrinth no citizen can comprehend.