16 U.S.C. § 3801: Definitions

any agricultural commodity planted and produced in a State by annual tilling of the soil, including tilling by one-trip planters; or sugarcane planted and produced in a State. The term “beginning farmer or rancher” has the meaning given the term in section 1991(a)(8) of title 7 . applies to highly erodible cropland; describes the conservation system applicable to the highly erodible cropland and describes the decisions of the person with respect to location, land use, tillage systems, and conservation treatment measures and schedule; and is approved by the local soil conservation district, in consultation with the local committees established under section 590h(b)(5) of this title and the Secretary, or by the Secretary. are based on local resource conditions, available conservation technology, and the standards and guidelines contained in the Natural Resources Conservation Service field office technical guides; and are designed to achieve, in a cost effective and technically practicable manner, a substantial reduction in soil erosion or a substantial improvement in soil conditions on a field or group of fields containing highly erodible cropland when compared to the level of erosion or soil conditions that existed before the application of the conservation measures and management practices. The term “conservation district” means any district or unit of State or local government formed under State or territorial law for the express purpose of developing and carrying out a local soil and water conservation program. Such district or unit of government may be referred to as a “conservation district”, “soil conservation district”, “soil and water conservation district”, “resource conservation district”, “natural resource district”, “land conservation committee”, or a similar name. The term “cost sharing payment” means a payment made by the Secretary to an owner or operator of a farm or ranch containing highly erodible cropland under the provisions of section 3834(b) of this title . such production would not have been possible but for such action; and such land was wetland; and such land was neither highly erodible land nor highly erodible cropland. is possible as a result of a natural condition, such as drought; and is not assisted by an action of the producer that destroys natural wetland characteristics. is under the general control of one operator; has one or more owners; consists of one or more tracts of land, whether or not contiguous; is located within a county or region, as determined by the Secretary; and may contain lands that are incidental to the production of perennial crops, including conserving uses, forestry, and livestock, as determined by the Secretary. The term “field” means a part of a farm that is separated from the balance of the farm by permanent boundaries such as fences, roads, permanent waterways, or other similar features. At the option of the owner or operator of the farm, croplines may also be used to delineate a field if farming practices make it probable that the croplines are not subject to change. Any highly erodible land on which an agricultural commodity is produced after December 23, 1985 , and that is not exempt under section 3812 of this title , shall be considered as part of the field in which the land was included on December 23, 1985 , unless the owner and Secretary agree to modification of the boundaries of the field to carry out this chapter. The term “highly erodible cropland” means highly erodible land that is in cropland use, as determined by the Secretary. that is classified by the Soil Conservation Service as class IV, VI, VII, or VIII land under the land capability classification system in effect on December 23, 1985 ; or that has, or that if used to produce an agricultural commodity, would have an excessive average annual rate of erosion in relation to the soil loss tolerance level, as established by the Secretary, and as determined by the Secretary through application of factors from the universal soil loss equation and the wind erosion equation, including factors for climate, soil erodibility, and field slope. For purposes of this paragraph, the land capability class or rate of erosion for a field shall be that determined by the Secretary to be the predominant class or rate of erosion under regulations issued by the Secretary. Not later than 60 days after the date of enactment of this subparagraph, the Secretary shall publish in the Federal Register the universal soil loss equation and wind erosion equation used by the Department of Agriculture as of that date. The Secretary may not change the equations after that date except following notice and comment in a manner consistent with section 553 of title 5 . The term “hydric soil” means soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation. water; or a substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content. The term “Indian tribe” has the meaning given the term in section 5304(e) of title 25 . The term “in-kind commodities” means commodities that are normally produced on land that is the subject of an agreement entered into under subchapter IV. The term “integrated pest management” means a sustainable approach to managing pests by combining biological, cultural, physical, and chemical tools in a way that minimizes economic, health, and environmental risks. The term “livestock” means all animals raised on farms, as determined by the Secretary. has existing tree cover or is suitable for growing trees; and is owned by any nonindustrial private individual, group, association, corporation, Indian tribe, or other private legal entity that has definitive decisionmaking authority over the land. For purposes of applying payment limitations under subchapter IV, the terms “person” and “legal entity” have the meanings given those terms in section 1308(a) of title 7 . The term “rental payment” means a payment made by the Secretary to an owner or operator of a farm or ranch containing highly erodible cropland to compensate the owner or operator for retiring such land from crop production and placing such land in the conservation reserve in accordance with subchapter IV. The term “Secretary” means the Secretary of Agriculture. The term “shelterbelt” means a vegetative barrier with a linear configuration composed of trees, shrubs, and other approved perennial vegetation. The term “socially disadvantaged farmer or rancher” has the meaning given the term in section 2279(e)(2) 1 of title 7. 1 See References in Text note below. The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. Technical services provided directly to farmers, ranchers, and other eligible entities, such as conservation planning, technical consultation, and assistance with design and implementation of conservation practices. Technical infrastructure, including activities, processes, tools, and agency functions needed to support delivery of technical services, such as technical standards, resource inventories, training, data, technology, monitoring, and effects analyses. perennial grasses, legumes, forbs, or shrubs with an expected life span of 5 or more years; or trees. has a predominance of hydric soils; is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and under normal circumstances does support a prevalence of such vegetation. criteria for the identification of hydric soils and hydrophytic vegetation; and lists of such soils and such vegetation. Except as otherwise provided in this title [see Tables for classification] or an amendment made by this title, not later than 90 days after the date of enactment of this Act [ June 18, 2008 ], the Secretary of Agriculture, in consultation with the Commodity Credit Corporation, shall promulgate such regulations as are necessary to implement this title. chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act); and the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and be promulgated with an opportunity for notice and comment; or if determined to be appropriate by the Secretary of Agriculture or the Commodity Credit Corporation, as an interim rule effective on publication with an opportunity for notice and comment. In carrying out this section, the Secretary shall use the authority provided under section 808(2) of title 5 , United States Code.” Except as otherwise provided in this title [see Tables for classification] or an amendment made by this title, not later than 90 days after the date of enactment of this Act [ May 13, 2002 ], the Secretary of Agriculture, in consultation with the Commodity Credit Corporation, shall promulgate such regulations as are necessary to implement this title. be carried out without regard to chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act); and the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and be promulgated with an opportunity for notice and comment; or if determined to be appropriate by the Secretary of Agriculture or the Commodity Credit Corporation, as an interim rule effective on publication with an opportunity for notice and comment. In carrying out this section, the Secretary shall use the authority provided under section 808(2) of title 5 , United States Code.” the conservation reserve program under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq.) (as amended by subtitle B); the environmental quality incentives program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq[.]) (as added by section 2301(a)(1) and amended by subtitle C); the conservation stewardship program under subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [ 16 U.S.C. 3839aa–21 et seq.] (as added by subsections (a)(2) and (b) of section 2301 and amended by subtitle C); and the agricultural conservation easement program established under subtitle H of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3865 et seq.) (as amended by subtitle F). Notwithstanding subsection (e) of section 1271E of the Food Security Act of 1985 ( 16 U.S.C. 3871e ) (as amended by section 2706), and subject to subsection (d), for fiscal year 2019, the Secretary may use an availability of program funding announcement consistent with the amendments made by subtitle G [subtitle G (§§ 2701–2707) of title II of Pub. L. 115–334 , amending sections 3871 to 3871f of this title] to carry out the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3871 et seq.) without issuing a regulation. The Secretary may only use funds authorized to be made available by this title or the amendments made by this title for the specific programs described in paragraphs (1) through (4) of subsection (a) and subsection (b), in accordance with any restrictions on the use of those funds, for the purposes described in subsections (a) and (b). The authority of the Secretary to carry out subsections (a) and (b) shall terminate on September 30, 2019 . Effective beginning on the termination date described in subsection (d), the Secretary shall carry out this title and the amendments made by this title in accordance with such final regulations as the Secretary considers necessary to carry out this title and the amendments made by this title.” the wetlands reserve program, the farmland protection program, and the farm viability program being merged into the agricultural conservation easement program under the amendment made by section 2301 [enacting sections 3865 to 3865d of this title and amending section 3844 of this title ]; the wildlife habitat incentive program being merged into the environmental quality incentives program under the amendments made by subtitle C [subtitle C (§§ 2201–2208) of title II of Pub. L. 113–79 , amending sections 3839aa to 3839aa–4, 3839aa–7, and 3839aa–8 of this title]; the agricultural water enhancement program, the Chesapeake Bay watershed program, the cooperative conservation partnership initiative, and the Great Lakes basin program being merged into the regional conservation partnership program under the amendment made by section 2401 [enacting sections 3871 to 3871f of this title]; and the grassland reserve program being merged into the conservation reserve program under the amendments made by subtitle A [subtitle A (§§ 2001–2008) of title II of Pub. L. 113–79 , amending sections 3831, 3831b, and 3832 to 3835 of this title and repealing section 3835a of this title ] and into the agricultural conservation easement program under the amendment made by section 2301. the provisions of the agricultural conservation easement program and the regional conservation partnership program; and the amendments to the environmental quality incentives program and the conservation reserve program made by this title. The Secretary may only use funds authorized in this title [see Tables for classification] or in the amendments made by this title for the specific programs listed in subsection (b), including any restrictions on the use of those funds, for the purposes identified in paragraphs (1) and (2) of subsection (b). The authority of the Secretary to carry out subsection (b) shall terminate on the date that is 270 days after the date of enactment of this Act. Effective beginning on the termination date described in subsection (d), the Secretary shall provide technical assistance, financial assistance, and easement enrollment in accordance with any final regulations that the Secretary considers necessary to carry out this title and the amendments made by this title.”