[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR12.30]

[Page 368-369]
 
                          TITLE 7--AGRICULTURE
 
PART 12_HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION--Table of Contents
 
                     Subpart C_Wetland Conservation
 
Sec. 12.30  NRCS responsibilities regarding wetlands.


    (a) Technical and coordination responsibilities. In carrying out the 
provisions of this part, NRCS shall:
    (1) Oversee the development and application of criteria to identify 
hydric soils in consultation with the National Technical Committee for 
Hydric Soils and make available to the public an approved county list of 
hydric soil map units, which is based upon the National List of Hydric 
Soils;
    (2) Coordinate with the U.S. Fish and Wildlife Service and others in 
updating the National List of Plant Species that Occur in Wetlands;
    (3) Make or approve wetland determinations, delineations and 
certifications, functional assessments, mitigation plans, categorical 
minimal effects, and other technical determinations relative to the 
implementation of the wetland conservation provisions of this part;
    (4) Develop and utilize off-site and on-site wetland identification 
procedures;
    (5) Assure quality of service and determinations through procedures 
developed by NRCS in consultation with other Federal agencies that have 
wetland responsibilities;
    (6) Investigate complaints and make technical determinations 
regarding potential violations;
    (7) Develop a process at the state level, in coordination with the 
U.S. Fish and Wildlife Service, to ensure that these provisions are 
carried out in a technically defensible and timely manner, seek 
assistance as appropriate, and annually review the progress being made 
on implementation; and
    (8) Conduct reviews of implementation and provide the Army Corps of 
Engineers, Environmental Protection Agency, and the U.S. Fish and 
Wildlife Service an opportunity to participate in this review.
    (b) Technical assistance from others In carrying out the provisions 
of this part, NRCS may request technical assistance from the U.S. Fish 
and Wildlife Service, State or local agencies, conservation districts, 
or qualified private entities when NRCS determines that additional staff 
resources or technical expertise are needed to address adequately the 
requirements of this part or to enhance the quality of implementation of 
this part.
    (c) Certification of wetland determinations and wetland 
delineations. (1) Certification of a wetland determination means that 
the wetland determination is of sufficient quality to make a 
determination of ineligibility for program benefits under Sec. 12.4 of 
this part. Certification of a wetland determination shall be completed 
according to delineation procedures agreed to by the Army Corps of 
Engineers, the Environmental Protection Agency, the U.S. Fish and 
Wildlife Service and NRCS. NRCS may certify a wetland determination 
without making a field investigation. NRCS will notify the person 
affected by the certification and provide an opportunity to appeal the 
certification prior to the certification becoming final. All wetland 
determinations made after July 3, 1996, will be done on a tract basis 
and will be considered certified wetland determinations. A not-
inventoried designation

[[Page 369]]

within a certified wetland is subject to change when the soil, 
hydrology, and vegetation evaluation is completed and identified as to 
type of wetland or as a non-wetland. This change from a not-inventoried 
designation to an approved wetland designation will be done at the 
request of the landowner or during a formal investigation of a potential 
violation.
    (2) The wetland determination and wetland delineation shall be 
certified as final by the NRCS official 30 days after providing the 
person notice of certification or, if an appeal is filed with USDA, 
after the administrative appeal procedures are exhausted.
    (3) In the case of an appeal, NRCS will review and certify the 
accuracy of the determination of all lands subject to the appeal to 
ensure that the subject lands have been accurately delineated. Prior to 
a decision being rendered on the appeal, NRCS will conduct an on-site 
investigation of the subject land.
    (4) Before any benefits are withheld, an on-site investigation of a 
potential wetland violation will be made by NRCS. The affected person 
will be provided an opportunity to appeal the on-site determination to 
USDA if the on-site determination differs from the original 
determination. Such action by NRCS shall be considered a review of the 
prior determination and certification of the delineation. If the prior 
determination was a certified wetland determination, an appeal of the 
NRCS on-site determination shall be limited to the determination that 
the wetland was converted in violation of this part.
    (5) A copy of the information from the final certified wetland 
determination and the wetland delineation shall be recorded on official 
USDA aerial photography, digital imagery, or other graphic 
representation of the area.
    (6) As long as the affected person is in compliance with the wetland 
conservation provision of this part, and as long as the area is devoted 
to the use and management of the land for production of food, fiber, or 
horticultural crops, a certification made under this section will remain 
valid and in effect until such time as the person affected by the 
certification requests review of the certification by NRCS. A person may 
request review of a certification only if a natural event alters the 
topography or hydrology of the subject land to the extent that the final 
certification is no longer a reliable indication of site conditions, or 
if NRCS concurs with an affected person that an error exists in the 
current wetland determination

[61 FR 47025, Sept. 6, 1996; 61 FR 53491, Oct. 11, 1996]