§ 3801. Definitions
(a)
For purposes of subchapters I through V of this chapter:
(1)
The term “agricultural commodity” means—
(2)
Beginning farmer or rancher.—
The term “beginning farmer or rancher” has the meaning given the term in section
1991
(a)(8) of title
7.
(3)
Conservation plan.—
The term “conservation plan” means the document that—
(4)
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.
(5)
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.
(6)
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.
(7)
(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—
(9)
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.
(10)
The term “highly erodible cropland” means highly erodible land that is in cropland use, as determined by the Secretary.
(11)
(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.
(12)
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.
(14)
Indian tribe.—
The term “Indian tribe” has the meaning given the term in section
450b
(e) of title
25.
(15)
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.
(16)
Integrated pest management.—
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.
(17)
Livestock.—
The term “livestock” means all animals raised on farms, as determined by the Secretary.
(18)
Nonindustrial private forest land.—
The term “nonindustrial private forest land” means rural land, as determined by the Secretary, that—
(19)
Person and legal entity.—
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.
(20)
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.
(22)
The term “shelterbelt” means a vegetative barrier with a linear configuration composed of trees, shrubs, and other approved perennial vegetation.
(23)
Socially disadvantaged farmer or rancher.—
The term “socially disadvantaged farmer or rancher” has the meaning given the term in section
2279
(e)(2) of title
7.
(24)
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.
(25)
Technical assistance.—
The term “technical assistance” means technical expertise, information, and tools necessary for the conservation of natural resources on land active in agricultural, forestry, or related uses. The term includes the following:
(27)
The term “wetland”, except when such term is part of the term “converted wetland”, means land that—