dockets: NRCS-2026-0067

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id agency_id title docket_type last_modified object_id rin dkabstract category subtype keywords program short_title effective_date organization attrs_raw attr_source
NRCS-2026-0067 NRCS Highly Erodible Land and Wetland Conservation Rulemaking 2026-09-25T14:30:35Z 0b000064b92f5ac4 0578-AA73 The United States Department of Agriculture (USDA) is amending its regulations to ensure that wetland determinations issued after November 28, 1990, have been and will be certified as sufficient for the purpose of making determinations of ineligibility for certain USDA program benefits under the Wetland Conservation provisions of the Food Security Act of 1985 (1985 Farm Bill), as amended. A condition for the determination to be certified is that the person affected by the determination must have been notified of the certification at the time of issuance and provided information on the right to appeal. Certification is important because a certified determination is not subject to replacement by USDA (except under specific circumstances), which provides certainty to farmers managing their land. The concern addressed in this interim rule is the wetland determinations that were certified and issued between November 28, 1990, and July 3, 1996. Determinations from this period have not been addressed clearly in regulation or treated consistently in agency implementation. On February 22, 2024, a Federal court ruled that Natural Resources Conservation Service (NRCS) failed to fully meet its procedural responsibilities when it published a 2020 final rule concluding that the questioned wetland determinations prior to 1996 were certified. This interim rule addresses the 2024 Federal court decision and ensures that the regulations applying to wetland determinations issued after November 28, 1990, are aligned with the governing statute and are consistent with legislative history and congressional intent.     ["determination", "wetland determinations", "certified wetland", "erodible", "HEL-WC", "HELWC", "wetlands", "wetland conservation"]         {"displayProperties": [], "keywords": ["determination", "wetland determinations", "certified wetland", "erodible", "HEL-WC", "HELWC", "wetlands", "wetland conservation"], "modifyDate": "2026-09-25T14:30:35Z", "dkAbstract": "The United States Department of Agriculture (USDA) is amending its regulations to ensure that wetland determinations issued after November 28, 1990, have been and will be certified as sufficient for the purpose of making determinations of ineligibility for certain USDA program benefits under the Wetland Conservation provisions of the Food Security Act of 1985 (1985 Farm Bill), as amended. A condition for the determination to be certified is that the person affected by the determination must have been notified of the certification at the time of issuance and provided information on the right to appeal. Certification is important because a certified determination is not subject to replacement by USDA (except under specific circumstances), which provides certainty to farmers managing their land. The concern addressed in this interim rule is the wetland determinations that were certified and issued between November 28, 1990, and July 3, 1996. Determinations from this period have not been addressed clearly in regulation or treated consistently in agency implementation. On February 22, 2024, a Federal court ruled that Natural Resources Conservation Service (NRCS) failed to fully meet its procedural responsibilities when it published a 2020 final rule concluding that the questioned wetland determinations prior to 1996 were certified. This interim rule addresses the 2024 Federal court decision and ensures that the regulations applying to wetland determinations issued after November 28, 1990, are aligned with the governing statute and are consistent with legislative history and congressional intent.", "agencyId": "NRCS", "program": null, "shortTitle": null, "subType2": null, "title": "Highly Erodible Land and Wetland Conservation", "generic": null, "field1": null, "docketType": "Rulemaking", "petitionNbr": null, "rin": "0578-AA73", "organization": null, "legacyId": null, "subType": null, "category": null, "field2": null, "effectiveDate": null, "objectId": "0b000064b92f5ac4"} single_get

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