Prior Converted Cropland Under the Clean Water Act [Updated May 27, 2022]   [open pdf - 518KB]

From the Document: "For 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 Clean Water Act (CWA) Section 404 in 1972, requires permits for discharges 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 1985--enacted on December 23, 1985--included a wetland conservation provision (Swampbuster) that indirectly protects wetlands by making producers who farm or convert wetlands to agricultural production ineligible for selected federal farm program benefits. Both FSA and CWA Section 404 regulations include exceptions to their requirements for 'prior converted cropland' (PCC). While both include exceptions for PCC, determinations are made under separate authorities and for different programmatic purposes. This has created confusion for some affected landowners, who argue for greater consistency among PCC determinations. It has also generated some congressional interest in aligning the requirements for PCC."

Report Number:
CRS In Focus, IF11136
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Media Type:
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