Fruit Freeze and Frost NAP

Instructions For Forms AD-1026 Appendix and AD-1026

Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification

Producers must read AD-1026 Appendix for terms and conditions before completing AD-1026.

Producers shall use this form to certify compliance with the highly erodible land and wetland conservation provisions as a condition of eligibility for certain USDA programs. It is not necessary to complete this form if a previously filed AD-1026 is on file in the FSA serving office and there have not been any changes in your farming operation or changes to the previously listed affiliates.

Submit the original of the completed form in hard copy or facsimile to the appropriate FSA servicing office.

Customers who have established electronic access credentials with USDA may electronically transmit this form to the USDA servicing office, provided that (1) the customer submitting the form is the only person required to sign the transaction, or (2) the customer has an approved Power of Attorney (Form FSA-211) on file with USDA to sign for other customers for the program and type of transaction represented by this form.

Features for transmitting the form electronically are available to those customers with access credentials only. If you would like to establish online access credentials with USDA, follow the instructions provided at the USDA eForms web site.

Producers must complete Items 1 through 11, then sign and date in Item 12 as applicable. Item 13 is for FSA use only.

Item No. & Field Name	Instruction
1 Producer's Name	Enter the full name of the individual or business entity applying for USDA program benefits.
2 Producer's Tax Identification Number	Enter the last 4 digits of the producer’s social security number or the last 4 digits of the entity tax identification number.

Item No. & Field Name		Instruction
3 Current Crop Year		Enter the crop year for which benefits are being requested. In most cases it will be the current crop year. However, if the producer is applying for program benefits for a past year, enter the specific year applicable to the application.
	4 Farming Interests		Enter an “X” in the “YES” or “NO” box. If “YES” is marked, continue to Item 5. If “NO” is marked, and the producer is not a farm loan applicant, proceed to Item 12 for certification signature and date. If “NO” is marked and the producer is a farm loan applicant, proceed to Item 5.
	5 For farm loan applicants only		Enter an “X” in the “YES” or “NO” box. This question includes fish production, trees, vineyards, shrubs, building construction or other activities. Item 5 may be left blank for if not a farm loan applicant.
	6 Landlord or Tenant Compliance		Enter an “X” in the “YES” or “NO” box. Mark “YES” in this block if an agricultural commodity is being produced: on highly erodible fields without applying an approved conservation system or plan or on wetlands converted after December 23, 1985. Also mark “YES” if wetlands have been converted after November 28, 1990.

Item No.& Field Name	Instruction
7 Landlords refusal to comply with HELC requirements	Enter an “X” in the “YES” or “NO” box. Mark “YES” if a landlord of the producer refuses to apply a required conservation system or plan on a highly erodible field on a farm on which the producer is a tenant.
8 List of Affiliated Persons with farming interests	List all affiliated persons with farming interests. Page 2 of the form AD-1026 lists the affiliated persons for each of the types of producer entities. Affiliated persons with farming interests are also required to complete an AD-1026. If there are no affiliated persons to list, enter “none” in the space provided.
9 Production of Agricultural Commodities	Enter an “X” in the “YES” or “NO” box. Mark “YES” if there are any fields which the producer intend to plant (or planted), an agricultural commodity which has not received a highly erodible land determination from NRCS. If “YES” is checked, FSA will request a HEL determination from NRCS for the specific field(s).

Item No.& Field Name	Instruction
10 Drainage Evaluation Questions	Enter an “X” in the “YES” or “NO” box for each of the Items A, B and C. These questions refer to drainage activity. If “YES” to Items 10A or 10B is checked, FSA will request a Wetland evaluation from NRCS for the specific area listed in Item 11. A “YES” response to Item 10C (maintenance) does not require a certified wetland determination. NRCS will be notified of the producer’s intentions to maintain an existing drainage system.
11 Location of Drainage System	This Item must be completed only if a “YES” was marked in Item 5 or 10. List the Farm number, tract number and field number. Briefly describe the activity and current land use. List the location county.
12 Producer’s Signature and Date	Read the Continuous AD-1026 certification statement above Item 12 and sign and date the certification. Do not sign the AD-1026 if the farming operation is not in compliance with all highly erodible land and wetland conservation provisions. Include producer’s signature, title/relationship (if applicable), and date of request. If you are mailing or faxing this form, print the form and manually enter your signature. If this form is approved for electronic transmission and you have established credentials with USDA to submit forms electronically, use the buttons provided on the form for transmitting the form to the USDA servicing office.

Item 13 - FSA USE ONLY