§ 3838. Definitions

In this subpart:

(1) Base payment The term “base payment” means an amount that is—

(A) determined in accordance with the rate described in section 3838c(b)(1)(A) of this title; and

(B) paid to a producer under a conservation security contract in accordance with clause (i) of subparagraph (C), (D), or (E) of section 3838c(b)(1) of this title, as appropriate.

(2) Beginning farmer or rancher

The term “beginning farmer or rancher” has the meaning given the term under section 1991(a) of title 7.

(3) Conservation practice The term “conservation practice” means a conservation farming practice described in section 3838a(d)(4) of this title that—

(A) requires planning, implementation, management, and maintenance; and

(B) promotes 1 or more of the purposes described in section 3838a(a) of this title.

(4) Conservation security contract

The term “conservation security contract” means a contract described in section 3838a(e) of this title.

(5) Conservation security plan

The term “conservation security plan” means a plan described in section 3838a(c) of this title.

(6) Conservation security program

The term “conservation security program” means the program established under section 3838a(a) of this title.

(7) Enhanced payment

The term “enhanced payment” means the amount paid to a producer under a conservation security contract that is equal to the amount described in section 3838c(b)(1)(C)(iii) of this title.

(8) Nondegradation standard

The term “nondegradation standard” means the level of measures required to adequately protect, and prevent degradation of, 1 or more natural resources, as determined by the Secretary in accordance with the quality criteria described in handbooks of the Natural Resources Conservation Service.

(9) Producer

(A) In general The term “producer” means an owner, operator, landlord, tenant, or sharecropper that—

(i) shares in the risk of producing any crop or livestock; and

(ii) is entitled to share in the crop or livestock available for marketing from a farm (or would have shared had the crop or livestock been produced).

(B) Hybrid seed growers

In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract.

(10) Resource-conserving crop rotation The term “resource-conserving crop rotation” means a crop rotation that—

(A) includes at least 1 resource-conserving crop (as defined by the Secretary);

(B) reduces erosion;

(C) improves soil fertility and tilth;

(D) interrupts pest cycles; and

(E) in applicable areas, reduces depletion of soil moisture (or otherwise reduces the need for irrigation).

(11) Resource management system

The term “resource management system” means a system of conservation practices and management relating to land or water use that is designed to prevent resource degradation and permit sustained use of land, water, and other natural resources, as defined in accordance with the technical guide of the Natural Resources Conservation Service.

(12) Secretary

The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service.

(13) Tier I conservation security contract

The term “Tier I conservation security contract” means a contract described in section 3838a(d)(5)(A) of this title.

(14) Tier II conservation security contract

The term “Tier II conservation security contract” means a contract described in section 3838a(d)(5)(B) of this title.

(15) Tier III conservation security contract

The term “Tier III conservation security contract” means a contract described in section 3838a(d)(5)(C) of this title.

(Pub. L. 99–198, title XII, § 1238, as added Pub. L. 107–171, title II, § 2001(a), May 13, 2002, 116 Stat. 223.)

Prior Provisions

Prior Provisions

A prior section 3838, Pub. L. 99–198, title XII, § 1238, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3590, related to policy of Congress on water quality protection, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007.

Miscellaneous

Regulations

Pub. L. 107–171, title II, § 2001(b), May 13, 2002, 116 Stat. 233, provided that: “Not later than 270 days after the date of enactment of this Act [May 13, 2002], the Secretary of Agriculture shall promulgate regulations implementing the amendment made by subsection (a) [enacting this subpart].”