[20200428]IF11136_《清洁水法》规定的先前转换耕地.pdf

https:/crsreports.congress.gov Updated April 28, 2020Prior Converted Cropland Under the Clean Water ActFor decades, the value of wetlands and efforts to protect them have been recognized in different ways through national policies, federal laws, and regulations. The central federal regulatory program, authorized in Section 404 of the Clean Water Act (CWA), requires permits for the discharge of dredged or fill material (e.g., sand, soil, excavated material) into wetlands that are considered “waters of the United States” (WOTUS). Also, the Food Security Act (FSA) of 1985enacted on December 23, 1985included a wetland conservation provision (Swampbuster) that indirectly protects wetlands by making producers who farm or convert wetlands to agricultural production ineligible for select federal farm program benefits. Both FSA and CWA Section 404 regulations include exceptions to their requirements for prior converted cropland (PCC). PCC determinations are complex. While both programs include exceptions for PCC, determinations are made under separate authorities and for different programmatic purposes. This has created confusion for affected landowners, who argue that greater consistency