Federal Register, Volume 74, Number 10, January 15, 2009, Pages 2293-2756 Page: 2,331
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Federal Register/Vol. 74, No. 10/Thursday, January 15, 2009/Rules and Regulations
characteristics of wetlands and the
socioeconomic value placed upon these
characteristics, including:
(1) Habitat for migratory birds and
other wildlife, in particular at risk
species;
(2) Protection and improvement of
water quality;
(3) Attenuation of water flows due to
flood;
(4) The recharge of ground water;
(5) Protection and enhancement of
open space and aesthetic quality;
(6) Protection of flora and fauna
which contributes to the Nation's
natural heritage; and
(7) Contribution to educational and
scientific scholarship.
Wetland restoration means the
rehabilitation of degraded or lost habitat
in a manner such that:
(1) The original vegetation community
and hydrology are, to the extent
practical, re-established; or
(2) A community different from what
likely existed prior to degradation of the
site is established. The hydrology and
native self-sustaining vegetation being
established will substantially replace
original habitat functions and values
and does not involve more than 30
percent of the wetland restoration area.
Wetlands Reserve Plan of Operations
(WRPO) means the conservation plan
that identifies how the wetland
functions and values will be restored,
improved, and protected and which is
approved by NRCS.
1467.4 Program requirements.
(a) General. (1) Under the WRP, NRCS
may purchase conservation easements
from, or enter into 30-year contracts or
restoration cost-share agreements with,
eligible landowners who voluntarily
cooperate to restore, protect, or enhance
wetlands on eligible private and Tribal
lands. The 30-year contract enrollment
option is only available to acreage
owned by Indian Tribes.
(2) To participate in WRP, a
landowner must agree to the
implementation of a WRPO, the effect of
which is to restore, protect, enhance,
maintain, and manage the hydrologic
conditions of inundation or saturation
of the soil, native vegetation, and
natural topography of eligible lands.
NRCS may provide cost-share assistance
through a restoration cost-share
agreement or an easement restoration
agreement for the conservation practices
and activities that promote the
restoration, protection, enhancement,
maintenance, and management of
wetland functions and values. Specific
restoration, protection, enhancement,
maintenance, and management actions
may be undertaken by the landowner,NRCS, or other designee.
(b) Acreage limitations. (1) Except for
areas devoted to windbreaks or
shelterbelts after November 28, 1990, no
more than 25 percent of the total
cropland in any county, as determined
by the FSA, may be enrolled in the CRP
and the WRP, and no more than 10
percent of the total cropland in the
county may be subject to an easement
acquired through the WRP.
(2) NRCS and FSA shall concur before
a waiver of the 25 percent limit of this
paragraph can be approved for an
easement proposed for enrollment in the
WRP. Such a waiver will only be
approved if the waiver will not
adversely affect the local economy, and
operators in the county are having
difficulties complying with the
conservation plans implemented under
16 U.S.C. 3812.
(c) Landowner eligibility. To be
eligible to enroll in the WRP, a person,
legal entity, or Indian Tribe must be in
compliance with the highly erodible
land and wetland conservation
provisions in 7 CFR part 12. Persons or
legal entities must be in compliance
with the Adjusted Gross Income
Limitation provisions at Subpart G of 7
CFR part 1400, and:
(1) Be the landowner of eligible land
for which enrollment is sought;
(2) For easement applications, have
been the landowner of such land for the
7-year period prior to the time the land
is determined eligible for enrollment
unless it is determined by the State
Conservationist that:
(i) The land was acquired by will or
succession as a result of the death of the
previous landowner;
(ii) The ownership change occurred
due to foreclosure on the land and the
owner of the land immediately before
the foreclosure exercises a right of
redemption from the mortgage holder in
accordance with State law; or
(iii) The land was acquired under
circumstances that give adequate
assurances, as determined by NRCS,
that such land was not acquired for the
purposes of placing it in the program,
such as demonstration of status as a
beginning farmer or rancher.
(3) Agree to provide such information
to NRCS as the agency deems necessary
or desirable to assist in its
determination of eligibility for program
benefits and for other program
implementation purposes.
(d) When a parcel of land that has
been accepted for enrollment into the
WRP is sold or transferred prior to the
easement being perfected, the
application or option agreement to
purchase will be cancelled and acres
will be removed from enrollment. If thenew landowner wishes to continue
enrollment, a new application must be
filed so that all eligibility criteria may
be examined and documented.
(e) Land eligibility. (1) Only private
land or land owned by Indian Tribes
may be considered for enrollment into
WRP.
(2) NRCS shall determine whether
land is eligible for enrollment and
whether, once found eligible, the lands
may be included in the program based
on the likelihood of successful
restoration of wetland functions and
values when considering the cost of
acquiring the easement and the cost of
the restoration, protection,
enhancement, maintenance, and
management.
(3) Land shall only be considered
eligible for enrollment in the WRP if
NRCS determines, in consultation with
the FWS, that:
(i) The enrollment of such land
maximizes wildlife benefits and
wetland values and functions;
(ii) Such land is-
(A) Farmed wetland or converted
wetland, together with adjacent lands
that are functionally dependent on the
wetlands; or
(B) Cropland or grassland that was
used for agricultural production prior to
flooding from the natural overflow of a
closed basin lake or pothole, together
with the adjacent land, where
practicable, that is functionally
dependent on the cropland or grassland;
and
(iii) The likelihood of the successful
restoration of such land and the
resultant wetland values merit inclusion
of such land in the program, taking into
consideration the cost of such
restoration.
(4) Land may be considered farmed
wetland or converted wetland under
paragraph (3)(ii)(A) of this section if
such land is identified by NRCS as:
(i) Wetlands farmed under natural
conditions, farmed wetlands, prior
converted cropland, commenced
conversion wetlands, farmed wetland
pastures, and lands substantially altered
by flooding so as to develop wetland
functions and values; or
(ii) Former or degraded wetlands that
occur on lands that have been used or
are currently being used for the
production of food and fiber, including
rangeland and forest production lands,
where the hydrology has been
significantly degraded or modified and
will be substantially restored.
(5) Land under paragraph (e)(3)(ii)(B)
of this section may be considered for
enrollment into 30-year easements if it
meets the criteria under paragraph (e)(3)
of this section, it is located in the PrairiePothole Region as defined under
2331
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 10, January 15, 2009, Pages 2293-2756, periodical, January 15, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132872/m1/48/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.