# 2026-15284: USDA Swamp Patrol: Certifying Wetlands to Block Farm Cash

2026-15284, Highly Erodible Land and Wetland Conservation, is a Federal Register rule from Agriculture Department published 2026-07-29, effective 2026-07-29; PRIA reads it as touching household money (as of 2026-08-05).

- Canonical: https://policyrisk.com/federal-register/2026-15284
- As of: 2026-08-05
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-15284
- Title: Highly Erodible Land and Wetland Conservation
- Type: Rule
- Agencies: Agriculture Department
- Citation: 91 FR 47779
- Published: 2026-07-29
- Effective: 2026-07-29
- Comments close: 2026-09-28
- Significant: no
- Touches household money: yes
- Regulation identifier numbers: 0578-AA73
- Last updated: 2026-08-05

## In one line

USDA Swamp Patrol: Certifying Wetlands to Block Farm Cash

## Summary

The United States Department of Agriculture (USDA) is amending its regulations to ensure that wetland determinations issued after November 28, 1990, have been and will be certified as sufficient to serve as the basis for determining ineligibility for certain USDA program benefits under the Wetland Conservation provisions of the Food Security Act of 1985, as amended. Certification requires notifying the affected person at the time of the determination and informing them of their appeal rights. This interim rule addresses inconsistencies in how wetland determinations certified and issued between November 28, 1990, and July 3, 1996, have been treated. It also responds to a February 22, 2024, Federal court ruling that determined that Natural Resources Conservation Service (NRCS) did not fully meet procedural requirements in its 2020 final rule concerning certification of pre-1996 determinations. This interim rule aligns USDA's regulations with the governing statute, legislative history, and congressional intent.

## Effects PRIA read

- Post‑1990 Wetland Determinations Certified: benefit, high. If you received a USDA wetland determination after November 28, 1990, it is considered certified for determining eligibility for USDA program benefits—like commodity and conservation programs, loans, and crop insurance—so long as you were notified of the certification and informed of your appeal ri…
- Fewer Unnecessary New Determinations: benefit, medium. By confirming certified status for determinations issued after November 28, 1990 (when notification and appeal rights were provided), USDA will avoid replacing those determinations with new ones and reduce extra paperwork and technical reviews for producers and NRCS. The rule says this clarity redu…
- Agency Cannot Replace Certified Maps Unilaterally: benefit, medium. USDA/NRCS no longer has independent authority to question or replace a prior certified wetland determination for land in agricultural use; only the person affected by the certification may request review of the certification. This protection is affirmed by the interim rule effective July 29, 2026.

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## Sources
- [2026-15284 on federalregister.gov](https://www.federalregister.gov/documents/2026/07/29/2026-15284/highly-erodible-land-and-wetland-conservation)
- [2026-15284 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-07-29/pdf/2026-15284.pdf)

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Source: PRIA, https://policyrisk.com/federal-register/2026-15284 (as of 2026-08-05).