[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: 7CFR12.7]

[Page 363]
 
                          TITLE 7--AGRICULTURE
 
PART 12_HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 12.7  Certification of compliance.

    (a) Self-certification. In order for a person to be determined to be 
eligible for any of the benefits specified in Sec. 12.4:
    (1) It must be determined by USDA whether any field in which the 
person applying for the benefits has an interest and intends to produce 
an agricultural commodity contains highly erodible land;
    (2) The person applying for or receiving the benefits must certify 
in writing on Form AD-1026 that such person will not produce an 
agricultural commodity on highly erodible land, or designate such land 
for conservation use; or plant an agricultural commodity on a converted 
wetland; or convert a wetland to make possible the production of an 
agricultural commodity during the crop year in which the person is 
seeking such benefits, unless such actions are exempt, under Sec. 12.5, 
from the provisions of Sec. 12.4 of this part;
    (3) A person may certify application of practices required by the 
person's conservation plan. NRCS shall permit a person who makes such a 
certification with respect to a conservation plan to revise the 
conservation plan in any manner, if the same level of conservation 
treatment provided for by the conservation system under the person's 
conservation plan is maintained. NRCS may not revise the person's 
conservation plan without the concurrence of the person;
    (4) The person applying for a FSA direct or guaranteed farm credit 
program loan must certify that such person shall not use the proceeds of 
the loan for a purpose that will contribute to excessive erosion on 
highly erodible land or to conversion of wetlands for the purpose, or to 
have the effect, of making the production of an agricultural commodity 
possible; and
    (5) The person applying for the benefits must authorize and provide 
representatives of USDA access to all land in which such person has an 
interest for the purpose of verifying any such certification.
    (b) Availability to other agencies. Each agency of USDA shall make 
all certifications of compliance received by such agency and the results 
of investigations concerning such certifications of compliance available 
to other agencies.
    (c) Compliance. A certification made in accordance with this section 
does not relieve any person from compliance with provisions of this 
part.