7 C.F.R. 12.33(a). This is not to say that the level of a ditch or culvert cannot provide an accurate indication of the water regime which previously existed. In fact, the Manual states that any other available information relating to systems installed before can.
706(2 A). Yet, an overreaching and erroneous interpretation of the statute cannot be in accordance with law. Downer v. United States, 97 F.3d 999, 1010 (8th Cir.1996) (Beam, J., concurring and dissenting). Certainly there is no worse statute than one misunderstood by those.
Initially, the USDA determined that the cleaning and maintenance required by the state court did not violate any Swampbuster provisions. However, after the Liermanns appealed, the USDA reversed course. Based upon reliable evidence that the culvert was lowered eighteen inches in 1986.
Id. 515.11(b). To determine the original scope and effect of the manipulation, the USDA focused solely on the depth of the ditch that drains the hay meadow. In essence, the USDA interprets the manipulation to be the ditch.
KS Supplements - National Food Security Act Manual. Title National. Food Security Act Manual, Fourth Edition. Documents on this page require.
The Barthels, together with a neighbor, dredged the ditch again in 1983. The Liermanns gave permission for this work to be done to the portion of the ditch on their land as well.
3801, 3821-24). The law denies eligibility for several federal farm-assistance programs if wetlands are converted to agricultural use. See National Wildlife Fed'n v. Agricultural Stabilization and Conservation Serv., 955 F.2d 1199, 1200 (8th Cir.1992).
In the interim period, on December 23, 1985, the Food Security Act (the Act) became effective. The Act contains federal Swampbuster provisions aimed at preserving wetlands. See Gunn v. USDA, 118 F.3d 1233, 1235 (8th Cir.1997 cert.
We conclude that the agency's interpretation misses the clear focus on the Swampbuster provisions and the implementing regulations. The Act's proclaimed purpose is to preserve wetlands, or, if wetlands are altered, to preserve the conditions as altered.