This form is available electronically. (See Page 2 for Privacy Act and Paperwork Reduction Act Statements)
AD-1026 U.S. DEPARTMENT OF AGRICULTURE
(10-30-14) Farm Service Agency
Read attached AD-1026 Appendix before completing form. |
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PART A – BASIC INFORMATION |
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1. Name of Producer |
2. Tax Identification Number (Last 4 digits) |
3. Crop Year |
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4. Names of affiliated persons with farming interests. Enter “None,” if applicable.
Affiliated persons with farming interests must also file an AD-1026. See Item 7 in the Appendix for a definition of an affiliated person. |
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Perennial crops include, but are not limited to, tree fruit, tree nuts, grapes, olives, native pasture and perennial forage. A producer that produces alfalfa should contact the Natural Resources Conservation Service at the nearest USDA Service Center to determine whether such production qualifies as production of a perennial crop. Note: If either box is checked, and the producer in Part A does not participate in Farm Service Agency (FSA) or Natural Resources Conservation Service (NRCS) programs, the full tax identification number of the producer must be provided, but establishment of detailed farm records with FSA is not required. Go to Part D and sign and date. |
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PART B - HELC/WC COMPLIANCE QUESTIONS |
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Indicate YES or NO to each question. If you are unsure of whether a HEL determination, wetland determination, or NRCS evaluation has been completed, contact your local USDA Service Center. |
YES |
NO |
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6. During the crop year entered in Part Aor the term of a requested USDA loan, did or will the producer in Part Aplant or produce an agricultural commodity (including sugarcane) on land for which an HEL determination has not been made? |
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7. Has anyone performed (since December 23, 1985), or will anyone perform any activities to: A. Create new drainage systems, conduct land leveling, filling, dredging, land clearing, or excavation that has NOT been evaluated by NRCS? If “YES”, indicate the year(s): |
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B. Improve or modify an existing drainage system that has NOT been evaluated by NRCS? If “YES”, indicate the year(s): |
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C. Maintain an existing drainage system that has NOT been evaluated by NRCS? If "YES", indicate the year(s): Note: Maintenance is the repair, rehabilitation, or replacement of the capacity of existing drainage systems to allow for the continued use of wetlands currently in agricultural production and the continued management of other areas as they were used before December 23, 1985. This allows a person to reconstruct or maintain the capacity of the original system or install a replacement system that is more durable or will realize lower maintenance or costs . |
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Note: If “YES” is checked for Item 7A or 7B, then Part C must be completed to authorize NRCS to make an HELC/WC and/or certified wetland determination on the identified land. If “YES” is checked for Item 7C, NRCS does not have to conduct a certified wetland determination. |
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PART C – ADDITIONAL INFORMATION |
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If unknown, contact the Farm Service Agency at the nearest USDA Service Cent.er
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AD-1026 (10-30-14) Page 2 of 2
PART D – CERTIFICATION OF COMPLIANCE |
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I have received and read the AD-1026 Appendix and understand and agree to the terms and conditions therein on all land in which I (or the producer in Part A if different) and any affiliated person have or will have an interest. I understand that eligibility for certain USDA program benefits is contingent upon this certification of compliance with HELC and WC provisions and I am responsible for any non-compliance. I understand and agree that this certification of compliance is considered continuous and will remain in effect unless revoked or a violation is determined. I further understand and agree that:
understand that failure to revise Form AD-1026 for such changes may result in ineligibility for certain USDA program benefits or other consequences.
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Producer’s Certification: I hereby certify that the information on this form is true and correct to the best of my knowledge. |
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10A. Producer’s Signature (By) |
10B. Title/Relationship (If Signing in Representative Capacity) |
10C. Date (MM-DD-YYYY) |
FOR FSA USE ONLY (for referral to NRCS) Sign and date if NRCS determination is needed. |
11A. Signature of FSA Representative |
11B. Date (MM-DD-YYYY) |
IMPORTANT: If you are unsure about the applicability of HELC and WC provisions to your land, contact your local USDA Service Center for details concerning the location of any highly erodible land or wetland and any restrictions applying to your land according to NRCS determinations before planting an agricultural commodity or performing any drainage or manipulation. Failure to certify and properly revise your compliance certification when applicable may: (1) affect your eligibility for USDA program benefits, including whether you qualify for reinstatement of benefits through the Good Faith process; and (2) result in other consequences.
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the State or local Agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992.
Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
This form is available electronically.
AD-1026 Appendix U.S. DEPARTMENT OF AGRICULTURE
(10-30-14) Farm Service Agency
HIGHLY ERODIBLE LAND CONSERVATION (HELC) AND WETLAND CONSERVATION (WC) CERTIFICATION
The following conditions of eligibility are required for a producer to receive any U.S. Department of Agriculture (USDA) loans or other program benefits that are subject to the highly erodible land conservation (HELC) and wetland conservation (WC) provisions. Unless an exemption has been granted by USDA, the producer agrees to all of the following on all farms in which the producer, and any affiliated person to the producer (as specified in 7 CFR Part 12), has an
interest:
NOT to plant or produce an agricultural commodity on highly erodible land or fields unless being farmed in accordance with a conservation plan or system approved by the Natural Resources Conservation Service.
NOT to plant or produce an agricultural commodity on a wetland that was converted after December 23, 1985.
NOT to have converted a wetland after November 28, 1990, for the purpose, or to have the effect, of making the production of an agricultural commodity possible on such converted wetland.
NOT to convert a wetland by draining, dredging, filling, leveling, removing woody vegetation, or any other activity that results in impairing or reducing the flow and circulation of water in a way that would allow the planting of an agricultural commodity.
NOT to use proceeds from any Farm Service Agency farm loan, insured or guaranteed, or any USDA financial assistance program, in such a way that might result in negative impacts to a wetland, except for those projects evaluated and approved by Natural Resources Conservation Service.
The Food Security Act of 1985, as amended, requires producers participating in most programs administered by the Farm Service Agency (FSA), Natural Resources Conservation Service (NRCS), and the Risk Management Agency (RMA) to comply with HELC and WC provisions on all land owned or farmed that is considered highly erodible or a wetland unless USDA determines an exemption applies. Producers participating in these programs, and any individual or entity considered to be an affiliated person of a participating producer, are subject to these provisions. The regulations covering these provisions are set forth at 7 CFR Part 12; all such provisions, whether or not explicitly stated herein, shall apply.
Agricultural commodityis any crop planted and produced by annual tilling of the soil, including tilling by one-trip planters, or sugarcane.
Highly erodible land is any land that has an erodibility index of 8 or more. Highly erodible fields are fields where either:
33.33 percent or more of the total field acreage is identified as soil map units that are highly erodible; or
50 or more acres in such field are identified as soil map units that are highly erodible.
Perennial crop is any crop that is planted once and produces crops over multiple years. Go to www.nrcs.usda.gov/compliance for a list of perennial and annual crops.
Wetland is an area that:
has a predominance of hydric soils (wet soils);
is inundated or saturated by surface or groundwater (hydrology) at a frequency and duration sufficient to support a prevalence of hydrophytic (water tolerant) vegetation typically adapted for life in saturated soil conditions; and
under normal circumstances supports a prevalence of such vegetation, except that this term does not include lands in Alaska identified as having a high potential for agricultural development and a predominance of permafrost soils.
AD-1026 Appendix (10-30-14) Page 2 of 3
When making HELC and WC compliance determinations:
NRCS makes technical determinations; these include:
For HELC compliance:
whether land is considered highly erodible;
establishing conservation plans or systems; and
whether highly erodible fields are being farmed in accordance with a conservation plan or system approved by NRCS.
For WC compliance:
whether land is a wetland and if certain technical exemptions apply, such as prior converted;
whether a wetland conversion has occurred.
FSA’s responsibilities include:
making eligibility determinations, such as who is ineligible based upon NRCS technical determinations of non-compliance.
acting on requests for application of certain eligibility exemptions, such as the good faith relief exemption.
maintaining the official USDA records of highly erodible land and wetland determinations. The determinations are recorded both within the geographic information system and the automated farm and tract records maintained by FSA; however, it is important to know that determinations may not include all of a producer’s land. If a producer is uncertain of the highly erodible land and wetland determinations applicable to any of the producer’s land, the producer should contact the appropriate USDA Service Center for assistance.
Producers who are not in compliance with HELC and WC provisions are not eligible to receive benefits for most programs administered by FSA and NRCS. If a producer received program benefits and is later found to be non-compliant, the producer may be required to refund all benefits received and/or may be assessed a penalty.
In particular, unless exemptions apply, a producer participating in FSA and NRCS programs must: not plant or produce an agricultural commodity on a highly erodible field unless such production is in compliance with a conservation plan or system approved by NRCS; not have planted or produced an agricultural commodity on a wetland converted after December 23, 1985; and, after November 28, 1990, must not have converted a wetland for the purpose, or to have the effect, of making the production of an agricultural commodity possible on such converted wetland.
A producer who violates HELC or WC provisions is ineligible for applicable FSA and NRCS benefits for the year(s) in violation. A planting violation, whether on highly erodible land or a converted wetland, results in ineligibility for benefits for the year(s) when the planting occurred. A wetland conversion violation results in ineligibility beginning with the year in which the conversion occurred and continuing for subsequent years, unless the converted wetland is restored or mitigated before January 1st of the subsequent year.
Producers obtaining federally reinsured crop insurance will not be eligible for any premium subsidy paid by the Federal Crop Insurance Corporation (FCIC) for any policy or plan of insurance if the producer:
has not filed a completed Form AD-1026 with FSA certifying compliance with HELC and WC provisions; or
is not in compliance with HELC and WC provisions.
Unless an exemption applies, a producer must:
not plant or produce an agricultural commodity on a highly erodible field, unless such production is in compliance with a conservation plan approved by NRCS;
not plant or produce an agricultural commodity on a wetland converted after February 7, 2014; and
not have converted a wetland for the purpose, or to have the effect, of making the production of an agricultural commodity possible on such converted wetland after February 7, 2014.
AD-1026 Appendix (10-30-14) Page 3 of 3
A producer is ineligible for any premium subsidy paid by FCIC on all policies and plans of insurance for the reinsurance year (July 1 – June 30) following the reinsurance year of a final determination of a violation of HELC or WC provisions, including all administrative appeals, unless specific exemptions apply. Further, a producer will be ineligible for any premium subsidy paid by FCIC on all policies and plans of insurance for a reinsurance year if they do not have a completed Form AD-1026 on file with FSA certifying compliance on or before the June 1 prior to the beginning of the subsequent reinsurance year (July 1), unless otherwise exempted. RMA will contact FSA to determine compliance with HELC and WC provisions and the filing of Form AD-1026 prior to the beginning of a reinsurance year, which begins on July 1. If the producer is not in compliance and is not exempt, the producer will be ineligible for premium subsidy for all crops with a sales closing date between the following July 1 through the next June 30.
Any affiliated person of a producer requesting benefits subject to HELC and WC provisions must also be in compliance with those provisions. Ineligibility of a producer will also apply to affiliated persons of that producer. If an affiliated person has a farming interest (as owner, operator, or other producer on any farm), the affiliated person must also file Form
AD-1026 certifying compliance with HELC and WC provisions in order for the producer requesting benefits to be eligible.
IF the producer requesting benefits is a (an) . . . |
THEN affiliated persons with farming interestswho must be in compliance with HELC and WC provisions and file Form AD-1026 are. . . |
individual
NOTE: For a minor, parents or guardians shall be listed as affiliated persons. |
spouses or minor children with separate farming interests, or who receive benefits under their individual ID number. |
estates, trusts, partnerships, and joint ventures in which the individual filing, or the individual’s spouse or minor children have an interest. |
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corporations in which the individual filing or the individual's spouse or minor children have more than 20% interest. |
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general partnership limited partnership limited liability company joint venture estate irrevocable or revocable trust Indian tribal venture or group |
first level members of the entity. |
corporation with stockholders |
first level shareholders with more than 20% interest in the corporation. Note: First level shareholders of a corporation with 20% interest or less in the corporation are not considered affiliated persons of the corporation. |
IMPORTANT
NOTICE:
Signature on
Form AD-1026
gives representatives
of USDA
authorization to
enter upon
and inspect
all farms
in which
the producer in
Part A
of Form
AD-1026 hasan interestfor
thepurposeof
confirming
HELC and WC
compliance
.
NOTE:
The
following
statement
is
made
in
accordance
with
the
Privacy
Act
of
1974
(5
USC
552a
-
as
amended).
The
authority
for
requesting
the
information
identified
on
this
form
is
7
CFR
Part
12,
the
Food
Security
Act
of
1985
(Pub.
L.
99-198),
and
the
Agricultural
Act
of
2014
(Pub.
L.
113-79).
The
information
will
be
used
to
certify
compliance
with HELC and WC provisions and to determine producer eligibility to
participate in and receive benefits under programs administered by
USDA agencies.
The
information
collected
on
this
form
may
be
disclosed
to
other
Federal,
State,
Local
government
agencies,
Tribal
agencies,
and
nongovernmental
entities
that have been authorized access to the information by statute or
regulation and/or as described in applicable Routine Uses identified
in the System of
Records
Notice for USDA/FSA-2, Farm Records File (Automated) and
USDA/FSA-14, Applicant/Borrower.
Providing
the requested information is
voluntary.
However,
failure
to
furnish
the
requested
information
will
result
in
a
determination
of
producer
ineligibility
to
participate
in
and
receive
benefits
under
programs
administered by USDA agencies. This
information
collection
is
exempted
from
the
Paperwork
Reduction
Act
as
specified
in
the
Agricultural
Act
of
2014
(Pub.
L.
113-79,
Title
II,
Subtitle
G,
Funding
and
Administration).
The
provisions of appropriate criminal and civil fraud, privacy, and
other statutes may be applicable to the information provided.
RETURN
THE
COMPLETED
FORM AD-1026 TO YOUR COUNTY FARM SERVICE AGENCY (FSA) OFFICE.
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the State or local Agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Title | AD-1026-1026 Appendix Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification |
Subject | Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification |
Author | Farm Service Agency |
File Modified | 0000-00-00 |
File Created | 2025-09-18 |