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USRuleOfficial ✓July 29, 2026· Federal Register

Highly Erodible Land and Wetland Conservation

What happened

The USDA is amending its regulations to ensure wetland determinations issued after November 28, 1990, are certified properly. This interim rule, signed by Donald Trump and effective July 29, 2026, addresses inconsistencies for determinations made between November 28, 1990, and July 3, 1996. It also responds to a February 22, 2024, federal court ruling that found the Natural Resources Conservation Service (NRCS) did not fully meet procedural requirements in its 2020 final rule regarding certification of pre-1996 determinations.

Why it matters

This rule helps ensure fairness and consistency in how farmers' land is classified regarding wetlands, which directly affects their eligibility for USDA program benefits. It clarifies appeal rights and aims to prevent future legal challenges by aligning regulations with existing law.

Who it affects

  • ›Farmers and agricultural producers
  • ›USDA program participants
  • ›Natural Resources Conservation Service (NRCS)
  • ›Landowners with wetlands
Receipts

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