Technical Assistance

Section 301(c) of the Federal Agriculture Improvement and Reform Act of 1996 (FAIRA) requires the Secretary of Agriculture to publish in the Federal Register, within 60 days of the enactment of FAIRA, the universal soil loss equation (USLE) and wind erosion equation (WEQ) used by the Department of Agriculture (the Department) as of the date of publication. The Natural Resources Conservation Service (NRCS) utilizes factors from the USLE, the revised universal soil loss equation (RUSLE) and the WEQ in equations to predict soil erosion due to water and wind. The Department was first required to use the factors from the USLE and WEQ to make highly erodible land (HEL) determinations under the Food Security Act (FSA) of 1985, Pub. L. 99- 198. The FSA defined HEL as land that has the potential for an excessive annual rate of erosion in relation to the soil loss tolerance level as determined by the Secretary through application of factors from the USLE and WEQ. This final rule sets forth the USLE and WEQ used by the Department as of this date and the circumstances under the equations are used. Since the first mandated use of the USLE in 1985, the technology used to predict soil erosion due to water has been refined. The refinement is reflected in a revised USLE (RUSLE) which will also be used under the circumstances described in this rule.