16 U.S.C. § 3839AA
Section 3839aa · Definitions
Current version, with additions and removals from the May 13, 2002 version.
(1) Beginning farmer or rancher
The term “beginning farmer or rancher” has the meaning provided under section 1991(a) of title 7.
(1) Conservation planning assessment
The term "conservation planning assessment" means a report, as determined by the Secretary, that—
(A) is developed by—
(i) a State or unit of local government (including a conservation district);
(ii) a Federal agency; or
(iii) a third-party provider certified under section 3842(e) of this title (including a certified rangeland professional);
(B) assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land; and
(C) can be incorporated into a comprehensive planning document required by the Secretary for enrollment in a conservation program of the Department of Agriculture.
(2) Eligible land
(2) Eligible land
(A) In general
(A) In general
(B) Inclusions
(B) Inclusions
(iv) pasture land;
(v) private, nonindustrial forest land; and
(vi) other agricultural land that the Secretary determines poses a serious threat to soil, air, water, or related resources.
(iv) Pasture land.
(v) Nonindustrial private forest land.
(vi) Other agricultural land (including cropped woodland, marshes, environmentally sensitive areas, and agricultural land used for the production of livestock) on which identified or expected resource concerns related to agricultural production could be addressed through a contract under the program, as determined by the Secretary.
The term “land management practice” means a site-specific nutrient or manure management, integrated pest management, irrigation management, tillage or residue management, grazing management, air quality management, or other land management practice carried out on eligible land that the Secretary determines is needed to protect from degradation, in the most cost-effective manner, water, soil, or related resources.
(4) Livestock
The term “livestock” means dairy cattle, beef cattle, laying hens, broilers, turkeys, swine, sheep, and other such animals as are determined by the Secretary.
The term "incentive practice" means a practice or set of practices approved by the Secretary that, when implemented and maintained on eligible land, address 1 or more priority resource concerns.
(4) Organic system plan
The term "organic system plan" means an organic plan approved under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
The term “practice” means 1 or more structural practices, land management practices, and comprehensive nutrient management planning practices.
(6) Structural practice
The term “structural practice” means—
(A) the establishment on eligible land of a site-specific animal waste management facility, terrace, grassed waterway, contour grass strip, filterstrip, tailwater pit, permanent wildlife habitat, constructed wetland, or other structural practice that the Secretary determines is needed to protect, in the most cost effective manner, water, soil, or related resources from degradation; and
(B) the capping of abandoned wells on eligible land.
The term "payment" means financial assistance provided to a producer for performing practices under this subpart, including compensation for—
(A) incurred costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and
(B) income forgone by the producer.
(6) Practice
The term "practice" means 1 or more improvements and conservation activities that are consistent with the purposes of the program under this subpart, as determined by the Secretary, including—
(A) improvements to eligible land of the producer, including—
(i) structural practices;
(ii) land management practices;
(iii) vegetative practices;
(iv) forest management;
(v) soil testing;
(vi) soil remediation to be carried out by the producer; and
(vii) other practices that the Secretary determines would further the purposes of the program; and
(B) conservation activities involving the development of plans appropriate for the eligible land of the producer, including—
(i) comprehensive nutrient management planning;
(ii) planning for resource-conserving crop rotations (as defined in section 3839aa–24(d)(1) of this title);
(iii) soil health planning, including increasing soil organic matter and the use of cover crops;
(iv) a conservation planning assessment;
(v) precision conservation management planning; and
(vi) other plans that the Secretary determines would further the purposes of the program under this subpart.
(7) Priority resource concern
The term "priority resource concern" means a natural resource concern or problem, as determined by the Secretary, that—
(A) is identified at the national, State, or local level as a priority for a particular area of a State; and
(B) represents a significant concern in a State or region.
(8) Program
The term "program" means the environmental quality incentives program established by this subpart.
(9) Soil remediation
The term "soil remediation" means scientifically based practices that—
(A) ensure the safety of producers from contaminants in soil;
(B) limit contaminants in soil from entering agricultural products for human or animal consumption; and
(C) regenerate and sustain the soil.
(10) Soil testing
The term "soil testing" means the evaluation of soil health, including testing for—
(A) the optimal level of constituents in the soil, such as organic matter, nutrients, and the potential presence of soil contaminants, including heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants; and
(B) the biological and physical characteristics indicative of proper soil functioning.