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U.S. Code as of:
01/19/04
Section 3801. Definitions
(a) For purposes of subchapters I through V of this chapter:
(1) The term "agricultural commodity" means -
(A) any agricultural commodity planted and produced in a
State by annual tilling of the soil, including tilling by
one-trip planters; or
(B) sugarcane planted and produced in a State.
(2) Conservation plan. - The term "conservation plan" means the
document that -
(A) applies to highly erodible cropland;
(B) 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
(C) 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.
(3) Conservation system. - The term "conservation system" means
a combination of 1 or more conservation measures or management
practices that -
(A) 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
(B) 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.
(4) 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.
(5) 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.
(6)(A) The term "converted wetland" means wetland that has been
drained, dredged, filled, leveled, or otherwise manipulated
(including any activity that results in impairing or reducing the
flow, circulation, or reach of water) for the purpose or to have
the effect of making the production of an agricultural commodity
possible if -
(i) such production would not have been possible but for such
action; and
(ii) before such action -
(I) such land was wetland; and
(II) such land was neither highly erodible land nor highly
erodible cropland.
(B) Wetland shall not be considered converted wetland if
production of an agricultural commodity on such land during a
crop year -
(i) is possible as a result of a natural condition, such as
drought; and
(ii) is not assisted by an action of the producer that
destroys natural wetland characteristics.
(7) Field. - 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.
(8) The term "highly erodible cropland" means highly erodible
land that is in cropland use, as determined by the Secretary.
(9)(A) The term "highly erodible land" means land -
(i) 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
(ii) 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.
(B) 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.
(C) Equations. - 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.
(10) 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.
(11) The term "hydrophytic vegetation" means a plant growing in
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(A) water; or
(B) a substrate that is at least periodically deficient in
oxygen during a growing season as a result of excessive water
content.
(12) 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 of this chapter.
(13) 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 of this
chapter.
(14) The term "Secretary" means the Secretary of Agriculture.
(15) The term "shelterbelt" means a vegetative barrier with a
linear configuration composed of trees, shrubs, and other
approved perennial vegetation.
(16) 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.
(17) The term "vegetative cover" means -
(A) perennial grasses, legumes, forbs, or shrubs with an
expected life span of 5 or more years; or
(B) trees.
(18) The term "wetland", except when such term is part of the
term "converted wetland", means land that -
(A) has a predominance of hydric soils;
(B) 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
(C) under normal circumstances does support a prevalence of
such vegetation.
For purposes of this Act, and any other Act, this term shall not
include lands in Alaska identified as having high potential for
agricultural development which have a predominance of permafrost
soils.
(b) The Secretary shall develop -
(1) criteria for the identification of hydric soils and
hydrophytic vegetation; and
(2) lists of such soils and such vegetation.
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