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Conservation Programs

Overview

The United States Department of Agriculture, through the Natural Resources Conservation Service (NRCS) and the Farm Service Agency (FSA), currently administers approximately two dozen federal conservation programs. Conservation programs are voluntary federal programs designed to encourage agricultural producers and landowners to undertake conservation practices on agricultural lands. While the NRCS and FSA administer the programs, other agencies such as the Forest Service may assist in the implementation of some programs. Read the full overview

Note: Recently added resources are posted at the top of the applicable sections.

Major Statutes

Farm Security and Rural Investment Act of 2002 (a/k/a 2002 Farm Bill),
Pub. L. No. 107-171, tit. II, 116 Stat. 134,223-80, §§ 2001-2702
(codified at scattered sections of 7, 16, & 43 U.S.C.)(Conservation Title)

Federal Agriculture Improvement and Reform Act of 1996 (a/k/a 1996 Farm Bill),
Pub. L. No. 104-127, tit. III, 110 Stat. 888, 980-1026, §§ 301-391
(codified as amended at scattered sections of 7, 15, & 16 U.S.C.) (Conservation Title)

Food, Agriculture, Conservation, and Trade Act of 1990 (a/k/a 1990 Farm Bill),
Pub. L. No. 101-624, tit. XIV, 104 Stat. 3359, 3568-3632
(codified as amended at scattered sections of 7 & 16 U.S.C.) (Conservation Title)

Food Security Act of 1985 (a/k/a 1985 Farm Bill),
Pub. L. No. 99-198, tit. XII, 99 Stat. 1354, 1504-18, tit. XII
(codified at scattered sections of 7 & 16 U.S.C.) (Conservation Title)

National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321-4370f

Healthy Forests Restoration Act, 16 U.S.C. §§ 6501-6591, 6571-78
(authorizing Healthy Forests Reserve Program)

Watershed Protection and Flood Prevention Act of 1954, Pub. L. 83-566, 68 Stat. 666
(codified as amended at 16 U.S.C. §§ 1001-1012)

Farmland Protection Policy Act, 7 U.S.C. §§ 4201-4209

National Natural Resources Conservation Foundation, 16 U.S.C. §§ 5801-5809

Highly Erodible Land Conservation (a/k/a Sodbuster)

Wetlands Conservation (a/k/a Swampbuster)

Regulations

Excludes regulations for specific conservation programs.

State Technical Committees, 7 C.F.R. Part 610

National Resource Conservation Service (NRCS) Appeal Procedures, 7 C.F.R. Part 614

Farm Service Agency Appeal Procedures, 7 C.F.R. Part 780

Certified State Mediation Program, 7 C.F.R. Part 785

National Appeals Division (NAD) Regulations, 7 C.F.R. Part 11

NRCS Procedures for Granting Equitable Relief, 7 C.F.R. Part 635

NRCS Compliance With National Environmental Policy Act, 7 C.F.R. Part 650

Highly Erodible Land and Wetland Conservation Regulations, 7 C.F.R. Part 12

Federal Register Rules Open for Comment

Federal Register Digest

Major Conservation Programs

Editor's Note: Many conservation programs are governed by regulations that govern only a specific program, such as the Conservation Reserve Program. Other conservation programs, such as the Healthy Forests Reserve Program, are not governed by regulations applicable only to those programs. The conservation programs listed below are linked to their respective governing regulations, if such regulations exist. A link to the appropriate information is provided for those programs listed below for which there are not specific regulations.

Agricultural Management Assistance, 7 C.F.R. Part 1465

Cooperative Conservation Partnership Initiative

Conservation of Private Grazing Lands, 7 C.F.R. Part 610

Conservation Reserve Program, 7 C.F.R. Part 1410
Conservation Reserve Enhancement Program
Farmable Wetlands Program

Conservation Security Program (CSP), 7 C.F.R. Part 1469
FY 2006 CSP sign-up notice, 71 Fed. Reg. 6250 (Feb. 7, 2006)
FY 2005 CSP sign-up notice, 70 Fed. Reg. 15277 (Mar. 25, 2005)
CSP interim final rule with request for comments, 70 Fed. Reg. 15201 (Mar. 25, 2005)
CSP interim final rule and extension of comment period, 69 Fed. Reg. 56159 (Sept. 20, 2004)
FY 2004 CSP sign-up notice, 69 Fed. Reg. 34533 (June 21, 2004)
CSP interim final rule with request for comments, 69 Fed. Reg. 34501 (June 21, 2004)
CSP watershed selection process, 69 Fed. Reg. 24560 (May 4, 2004)
CSP proposed rule with request for comments, 69 Fed. Reg. 193 (Jan. 2, 2004)
CSP advanced notice of proposed rulemaking, 68 Fed. Reg. 7720 (Feb. 18, 2003)

Conservation Technical Assistance Program

Emergency Watershed Protection Program (EWPP), 7 C.F.R. Part 624
See also EWPP – Floodplain Easement

Emergency Wetlands Reserve Program, 7 C.F.R. Part 623

Environmental Quality Incentives Program (EQIP), 7 C.F.R. Part 1466

Farm and Ranch Lands Protection Program, 7 C.F.R. Part 1491

Farmland Protection Policy Act Regulations, 7 C.F.R. Part 658

Forest Land Enhancement Program, 36 C.F.R. §§ 230.30-230.46

Forestry Incentives Program

Grassland Reserve Program, 7 C.F.R. Part 1415

Grazing Lands Conservation Initiative

Great Plains Conservation Program, 7 C.F.R. Part 631

Healthy Forests Reserve Program

Resource Conservation & Development Program

Rural Abandoned Mine Program, 7 C.F.R. Part 632

Rural Clean Water Program, 7 C.F.R. Part 634

Source Water Protection Program

Stewardship Incentives Program

Watershed Protection and Flood Prevention Program, 7 C.F.R. Part 622

Wetlands Reserve Program, 7 C.F.R. Part 1467

Wildlife Habitats Incentive Program, 7 C.F.R. Part 636

Case Law

Note: Recently summarized cases are listed and linked in Recent Postings.

Case Law Index for Conservation Programs

Administrative Law Decisions

USDA Judicial Officer's Decisions

USDA Office of the Administrative Law Judges

USDA National Appeals Division

Center Research Publications

Summary and Evolution of U.S. Farm Bill Conservation Titles (O'Brien)

Dealing With the USDA: Administrative Law Basics (Kelley)

Biodiversity and Law: The Culture of Agriculture and the Nature of Nature Conservation (Harbison)

Biodiversity and the Law of Nature Conservation in Great Britain (Harbison)

Conservation Security Program and Grassland Reserve Program (Pittman)

Congressional Research Service Reports

CRS Subject(s):
Environmental Issues
Farm Bills
Finance and Credit

Reference Resources

USDA

Economic Research Service (ERS)
Subject: Natural Resources and Environment
Policy Topics: Conservation and Environmental Policy
Briefing Rooms: Conservation and Environmental Policy
Briefing Rooms: Farm and Commodity Policy
Briefing Rooms: Agricultural Resource Management Survey (ARMS)
Recommended Readings:
Farmland Protection: The Role of Public Preferences for Rural Amenities (Hellerstein, 2002)
Conservation-Compatible Practices and Programs: Who Participates? (Lambert, 2006)
Programs, Payments, and People: 7 Economic Briefs on Conservation Programs, Farm Structure,
and Economic Well-Being
The Conservation Reserve Program: Economic Implications for Rural America
(Sullivan et al., 2004)
Measuring the Success of Conservation Programs (Smith and Weinberg, 2004)
Rewarding Farm Practices Versus Environmental Performance (Weinberg and Claassen, 2006)
Agri-Environmental Policy at the Crossroads: Guideposts on a Changing Landscape
(Claassen et al., 2001)
Greening Income Support and Supporting Green (Claassen and Morehart, 2006)
Land Retirement and Working Land Conservation Structures: A Look at Farmers' Choices
(Lambert and Sullivan, 2006)
Contrasting Working-Land and Land Retirement Programs (Aillery, 2006)
Balancing the Multiple Objectives of Conservation Programs (Cattaneo, et al., 2006)

Natural Resources Conservation Service (NRCS)
NRCS Conservation Programs
Directives and Manuals
Field Office Technical Guides (eFOTG)
Regional Boundaries, State Offices, Centers

Farm Service Agency (FSA)
Conservation Programs

Forest Service
State and Private Forestry

Other Congressional Resources

Agricultural Conservation: Farm Program Payments Are an Important Factor in Landowners' Decisions
to Convert Grassland to Cropland (GAO 07-1054)

U.S. Senate Agriculture, Nutrition, and Forestry Committee

U.S. House Committee on Agriculture
2007 Farm Bill Discussion Draft Language for Conservation Title

Reports on Conservation Programs (Government Accountability Office)

Other Federal Resources

U.S. Fish and Wildlife Service

Publications

Is Your Farm "EQIPed" for Conservation? A Farmers' Guide to
Understanding the Environmental Quality Incentives Program (FLAG, 2007)

Building Better Rural Places: Federal Programs for Sustainable Agriculture, Forestry, and Community
Development (USDA, ATTRA, NCAT, et al., 2005)

U.S. Agri-Environmental Programs and Their Potential Implications for Agricultural Trade
(Cooper, U. CA-Berkley, 2005)

Additional Resources

Agricultural and Food Policy: Conservation Program Government Resources (U. AR)

American Farmland Trust

Farm Bill Network

LSU AgCenter: USDA Conservation Programs & Information (LA St. U.)

History and Outlook for Farm Bill Conservation Programs

AgManager.Info, Ag Policy: Conservation Programs (KS State Res. & Ext.)

Ducks Unlimited

National Center for Appropriate Technology (NCAT)

National Sustainable Agriculture Information Service (ATTRA)

Recommended Readings and Publications (not freely available electronically)

Dr. Neil E. Harl, AGRICULTURAL LAW, Volume 12, Ch. 108, Agricultural Conservation

William J. Even, Green Payments: The Next Generation of U.S. Farm Programs?,
10 DRAKE J. AGRIC. L. 173 (2005)

Stacey Willemsen Person, International Trade: Pushing United States Agriculture Toward a Greener
Future?, 17 GEO. INT'L L. REV. 307 (2005)

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