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344 rows where agency = "NRCS" and title_number = 7 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:6.1.3.1.1.0.1.1 | 7 | Agriculture | VI | A | 600 | PART 600—ORGANIZATION | § 600.1 General. | NRCS | (a) The Natural Resources Conservation Service (NRCS) was authorized by the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (Pub. L. 103-354, 7 U.S.C. 6901 note) and established by Secretary's Memorandum 1010-1 (2.b.6), Reorganization of the Department of Agriculture, to provide national leadership in the conservation, development, and productive use of the Nation's natural resources. Such leadership encompasses the conservation of soil, water, air, plant, and animal resources with consideration of the many human (economic and sociological) interactions. NRCS is the Federal agency that works with landowners on private lands to help them conserve their natural resources. NRCS employees are highly skilled in many scientific and technical specialties, including soil science, soil conservation, agronomy, biology, agroecology, range conservation, forestry, engineering, geology, hydrology, wetlands science, cultural resources, and economics. NRCS was formerly the Soil Conservation Service (SCS) which was established by the Soil Conservation Act of 1935 (Pub. L. 74-46, 49 Stat. 163 (16 U.S.C. 590 (a-f))). NRCS has responsibility for three major areas: (1) Soil and water conservation; (2) Natural resource surveys including soil surveys, resources inventory, snow surveys, and water supply forecasting; and (3) Community resource protection and management including watershed projects, river basin studies and investigations, resource conservation and development areas, land evaluation and site assessment, and emergency watershed protection. In addition, NRCS has leadership for the Wetlands Reserve Program, Environmental Quality Incentives Program, Grazing Lands Conservation Initiative, Farmland Protection Program, Wildlife Habitat Incentives Program, Forestry Incentives Program, and Conservation Farm Option. NRCS provides technical support for the Conservation Reserve Program. (b) The NRCS organization consists of a National Headquarters located in Washington, DC; six regional off… | ||||||
| 7:7:6.1.3.1.1.0.1.2 | 7 | Agriculture | VI | A | 600 | PART 600—ORGANIZATION | § 600.2 National headquarters. | NRCS | (a) Chief. The Chief, with assistance of the Associate Chief, is responsible for administering a coordinated national program of natural resource conservation; planning, directing, and coordinating all program, technical, and administrative activities of NRCS; developing policies and procedures; correlating NRCS conservation programs with other agencies; accepting departmental leadership for programs for other activities assigned by the Secretary of Agriculture; and serving as Equal Employment Opportunity Officer for NRCS. (b) Deputy chiefs. Five deputy chiefs assist the Chief as follows: (1) Deputy Chief for Management. The Deputy Chief for Management is responsible for policies, guidelines, and standards for management services, human resources management, financial management, information technology, administrative support (providing a coordinated administrative management program for National Headquarters activities), NRCS outreach, training, and correspondence management. This deputy chief also is responsible for the activities of three national centers: business management, information technology, and employee development. (2) Deputy Chief for Strategic Planning and Accountability. The Deputy Chief for Strategic Planning and Accountability is responsible for policies, guidelines, and standards for strategic and performance planning, budget planning and analysis, and operations management and oversight. (3) Deputy Chief for Programs. The Deputy Chief for Programs is responsible for policies, guidelines, and standards for conservation operations, resource conservation and community development, watersheds and wetlands, international programs, conservation compliance activities, conservation programs funded by the Commodity Credit Corporation, and animal husbandry and clean water programs. (4) Deputy Chief for Soil Survey and Resource Assessment. The Deputy Chief for Soil Survey and Resource Assessment is responsible for policies, guidelines, and standards for NRCS technical activities, and pr… | ||||||
| 7:7:6.1.3.1.1.0.1.3 | 7 | Agriculture | VI | A | 600 | PART 600—ORGANIZATION | § 600.3 Regional offices. | NRCS | Each regional office is under the direction and supervision of a regional conservationist. Regional offices are responsible for (1) Providing agency leadership, guidance, coordination, and partnering for solutions to regional resource issues; (2) Program implementation, consistency, and accountability; (3) Region-wide strategic planning, performance measurement, and operations management; (4) Administrative operations and support; (5) Fund integrity and accountability; (6) Technical quality of work; and (7) All NRCS activities in the region. Regional offices are located in Beltsville, Maryland; Atlanta, Georgia; Fort Worth, Texas; Madison, Wisconsin; Lincoln, Nebraska; and Sacramento, California. | ||||||
| 7:7:6.1.3.1.1.0.1.4 | 7 | Agriculture | VI | A | 600 | PART 600—ORGANIZATION | § 600.4 State offices. | NRCS | Each office is under the direction and supervision of a State conservationist. Each State conservationist is responsible for NRCS programs in a State. The Pacific Basin Area Office, under the direction and supervision of a director, serves the U.S. Trust Territories in that area. The Caribbean Area Office, under the direction and supervision of a director, serves the Commonwealth of Puerto Rico and the U.S. Virgin Islands. Directors of the Pacific Basin and Caribbean areas have the same responsibility and authority as a State conservationist. All references to State conservationists in this chapter include the directors of the Pacific Basin and Caribbean areas. | ||||||
| 7:7:6.1.3.1.1.0.1.5 | 7 | Agriculture | VI | A | 600 | PART 600—ORGANIZATION | § 600.5 Area offices. | NRCS | Each area office is under the direction and supervision of an area conservationist or assistant State conservationist for field operations who is responsible for NRCS activities in the geographical area served by the area office. Usually the geographical area includes multiple field offices and counties. Many area offices now consist of teams working on a watershed or other geopolitical basis. | ||||||
| 7:7:6.1.3.1.1.0.1.6 | 7 | Agriculture | VI | A | 600 | PART 600—ORGANIZATION | § 600.6 Field offices. | NRCS | Each field office is under the direction and supervision of a district conservationist who is responsible for NRCS activities in the geographical area served by the field office. Usually the geographical area of a field office includes one or more conservation districts and one or more counties. Field offices are generally collocated with other USDA agencies in USDA Service Centers. | ||||||
| 7:7:6.1.3.1.1.0.1.7 | 7 | Agriculture | VI | A | 600 | PART 600—ORGANIZATION | § 600.7 Specialized field offices. | NRCS | Other field offices serve specialized activities, such as watershed protection and flood reduction projects, construction projects, resource conservation and development areas, and soil survey activities. State conservationists designate direction and supervision of these offices. | ||||||
| 7:7:6.1.3.1.1.0.1.8 | 7 | Agriculture | VI | A | 600 | PART 600—ORGANIZATION | § 600.8 Plant materials centers. | NRCS | Plant materials centers (PMC) assemble and test plant species for conservation uses. Usually a PMC serves two or more States, and is under the jurisdiction of the State conservationist where the center is located. Each PMC is directed and supervised by a manager who is responsible to a State office specialist/manager as designated by the State conservationist. | ||||||
| 7:7:6.1.3.1.1.0.1.9 | 7 | Agriculture | VI | A | 600 | PART 600—ORGANIZATION | § 600.9 Major land resource area soil survey offices. | NRCS | The United States is divided into 17 major land resource areas (MLRA) for the purpose of soil survey production. Major land resource area soil survey offices (MO) provide the technical leadership, coordination, and quality assurance for all soil survey project activities within the respective MLRA. Each MO serves two or more States (except for the MO in Alaska), and is under the jurisdiction of the State conservationist where the office is located. Each MO is directed and supervised by a leader who is designated by the State conservationist. | ||||||
| 7:7:6.1.3.1.2.0.1.1 | 7 | Agriculture | VI | A | 601 | PART 601—FUNCTIONS | § 601.1 Functions assigned. | NRCS | The Natural Resources Conservation Service (NRCS) is the Federal agency that works with private landowners to conserve their natural resources. NRCS employees help land users and communities approach conservation planning and implementation with an understanding of how natural resources relate to each other and to people—and how human activities affect those resources. The agency emphasizes voluntary, science-based assistance, partnerships, and cooperative problem solving at the community level. The mission of NRCS is to work on the Nation's non-Federal lands to conserve, improve, and sustain natural resources. The following functions support the mission. (a) NRCS facilitates and provides conservation technical assistance at the local level that helps people assess their natural resource conditions and needs, set goals, identify programs and other resources to address those needs, develop proposals and recommendations, implement solutions, and measure their success. The agency's role is to assist with: (1) Resource inventories, (2) Resource assessments, (3) Planning assistance, and/or (4) Technical assistance. (b) NRCS provides technical assistance through local conservation districts to land users, communities, watershed groups, Federal and State agencies, other partners, and customers. (c) NRCS provides assistance on a voluntary basis. (d) The agency's work focuses on soil, water, air, plant, and animal conservation including erosion reduction, water quality improvement, wetland restoration and protection, fish and wildlife habitat improvement, range management, stream restoration, water management, and other natural resource issues. (e) Through the conservation operations program, NRCS maintains a cadre of conservationists and interdisciplinary technical experts who provide landowners with advice and recommendations. Science based procedures and techniques are based on new knowledge and research provided by the Agricultural Research Service and others. NRCS developed and maintains a system of directiv… | ||||||
| 7:7:6.1.3.1.2.0.1.2 | 7 | Agriculture | VI | A | 601 | PART 601—FUNCTIONS | § 601.2 Functions reserved to the Secretary of Agriculture. | NRCS | (a) Designation of new Resource Conservation and Development (RC&D) areas. Once designated, these areas may receive RC&D Program assistance from NRCS. (b) Administration of the Soil and Water Resources Conservation Act of 1977 (Public Law 95-192) to conduct an appraisal and develop a national conservation program every five years. | ||||||
| 7:7:6.1.3.1.2.0.1.3 | 7 | Agriculture | VI | A | 601 | PART 601—FUNCTIONS | § 601.3 Defense responsibilities. | NRCS | In the event of nuclear attack, NRCS is responsible for providing: (a) Technical guidance, based upon results of radiological monitoring and the extent of radiological contamination to farmers, ranchers, and others relating to: (1) The selection and use of land for agricultural production. (2) The harvesting of crops. (3) The use of crops stored on the farm. (4) The use, conservation, disposal, and control of water to insure adequate usable water for agricultural purposes and to prevent floods. (5) The safety of livestock. (b) Basic soil information, land use guides, and onsite technical assistance in selecting land for production and in applying practices to increase production of food and fiber with maximum efficiency. | ||||||
| 7:7:6.1.3.2.3.1.1.1 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | A | Subpart A—Conservation Operations | § 610.1 Purpose. | NRCS | [61 FR 27999, June 4, 1996] | This subpart sets forth Natural Resource Conservation Service (NRCS) policies and procedures for furnishing technical assistance in conservation operations. | |||
| 7:7:6.1.3.2.3.1.1.2 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | A | Subpart A—Conservation Operations | § 610.2 Scope. | NRCS | [64 FR 42003, Aug. 3, 1999] | (a) Conservation operations, including technical assistance, is the basic soil and water conservation program of NRCS. This program is designed to: (1) Reduce soil losses from erosion; (2) Help solve soil, water, and agricultural waste management problems; (3) Bring about adjustments in land use as needed; (4) Reduce damage caused by excess water and sedimentation; (5) Enhance the quality of fish and wildlife habitat; and (6) Improve all agricultural lands, including cropland, forestland, and grazing lands that include pastureland, rangeland, and grazed forestland so that the long-term sustainability of the resource base is achieved. (b) The Natural Resources Conservation Service is USDA's technical agency for providing assistance to private landowners, conservation districts, and other organizations in planning and carrying out their conservation activities and programs. NRCS works with individuals, groups, and units of government to help them plan and carry out conservation decisions to meet their objectives. | |||
| 7:7:6.1.3.2.3.1.1.3 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | A | Subpart A—Conservation Operations | § 610.3 Assistance through conservation districts. | NRCS | (a) Technical assistance is provided through and in cooperation with conservation districts in the 50 States, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands. These districts, formed under authority of State laws, are operated and controlled by local citizens. They provide the leadership and the program needed to meet the conservation objectives of the district. (b) NRCS furnishes technical assistance to conservation districts as specified in memorandums of understanding. Soil conservationists assigned to conservation districts work directly with land users and others according to the program needs and the priorities established by the conservation districts. (c) The practical experience of land users is combined with the scientific knowledge and skills of professional conservationists to plan and carry out locally formulated conservation programs. (d) When requested, technical assistance may be provided to owners, operators, or groups using land that is under the jurisdiction of the United States Department of the Interior if such land is included in a conservation district or if assistance is in accordance with memorandums of understanding identifying the coordination of agency activities. | ||||
| 7:7:6.1.3.2.3.1.1.4 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | A | Subpart A—Conservation Operations | § 610.4 Technical assistance furnished. | NRCS | [42 FR 38169, July 27, 1977, as amended at 47 FR 56473, Dec. 17, 1982] | The Natural Resources Conservation Service provides technical assistance to land users and others who are responsible for making decisions and setting policies that influence land use, conservation treatment, and resource management. Technical assistance furnished by NRCS consists of program assistance, planning assistance, application of conservation practices, and assistance in the technical phases of USDA cost-share programs. (a) Program assistance is provided to conservation districts and other organizations concerned with the conservation of soil, water, plant, and wildlife resources. This assistance includes providing resource inventory data and identifying conservation problems and needs in order for districts to develop long-range soil and water conservation programs. Individuals, groups, and organizations requesting NRCS assistance through conservation districts include: (1) Farmers, ranchers, and other land users concerned with the conservation of land and water resources. (2) County and other local government units such as park authorities, departments of public works, planning, zoning (rural, urban, and flood plain), school, and institution boards, highway departments, and tax assessors. (3) Citizen groups, youth groups, recreation groups, and garden clubs. (4) State and local units of government (highway, health, recreation, water resources, and regional planning) involved in establishing public policy regarding the use of resources. (5) Federal departments and agencies such as Defense, Housing and Urban Development, Public Roads, Health and Human Services; and Interior. (6) Professional consultants who provide services such as engineering, planning, environmental assessment, tax assessment, and forest management. (b) Planning assistance includes evaluation of soil, water, vegetation, and other resource data needed for making land use, environmental and conservation treatment decisions. NRCS helps land users make conservation plans for farms, ranches, and other land units. This help includes … | |||
| 7:7:6.1.3.2.3.1.1.5 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | A | Subpart A—Conservation Operations | § 610.5 Interdisciplinary assistance. | NRCS | Technical assistance is based on the principle that soil, water, plant, and related resources are interdependent and must be managed accordingly. Soil conservationists integrate the various technical fields in providing for the conservation of land and water resources. Staff scientists and specialists develop conservation standards, prepare necessary specifications, provide training, and review work performance, NRCS uses consultants for conservation problems that require special expertise. | ||||
| 7:7:6.1.3.2.3.2.1.1 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | B | Subpart B—Soil Erosion Prediction Equations | § 610.11 Purpose and scope. | NRCS | This subpart sets forth the equations and rules for utilizing the equations that are used by the Natural Resources Conservation Service (NRCS) to predict soil erosion due to water and wind. Section 301 of the Federal Agriculture Improvement and Reform Act of 1996 (FAIRA) and the Food Security Act, as amended, 16 U.S.C. 3801-3813 specified that the Secretary would publish the universal soil loss equation (USLE) and wind erosion equation (WEQ) used by the Department within 60 days of the enactment of FAIRA. This subpart sets forth the equations, definition of factors, and provides the rules under which NRCS will utilize the USLE, the revised universal soil loss equation (RUSLE), and the WEQ. | ||||
| 7:7:6.1.3.2.3.2.1.2 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | B | Subpart B—Soil Erosion Prediction Equations | § 610.12 Equations for predicting soil loss due to water erosion. | NRCS | (a) The equation for predicting soil loss due to erosion for both the USLE and the RUSLE is A = R × K × LS × C × P. (For further information about USLE see the U.S. Department of Agriculture Handbook 537, “Predicting Rainfall Erosion Losses—A Guide to Conservation Planning,” dated 1978. Copies of this document are available from the Natural Resources Conservation Service, P.O. Box 2890, Washington, DC 20013. For further information about RUSLE see the U.S. Department of Agriculture Handbook 703, “Predicting Soil Erosion by Water: A Guide to Conservation Planning with the Revised Universal Soil Loss Equation (RUSLE).” Copies may be purchased from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.) (b) The factors in the USLE equation are: (1) A is the estimation of average annual soil loss in tons per acre caused by sheet and rill erosion. (2) R is the rainfall erosivity factor. Accounts for the energy and intensity of rainstorms. (3) K is the soil erodibility factor. Measures the susceptibility of a soil to erode under a standard condition. (4) LS is the slope length and steepness factor. Accounts for the effect of length and steepness of slope on erosion. (5) C is the cover and management factor. Estimates the soil loss ratio for each of 4 or 5 crop stage periods throughout the year, accounting for the combined effect of all the interrelated cover and management variables. (6) P is the support practice factor. Accounts for the effect of conservation support practices, such as contouring, contour stripcropping, and terraces on soil erosion. (c) The factors in the RUSLE equation are defined as follows: (1) A is the estimation of average annual soil loss in tons per acre caused by sheet and rill erosion. (2) R is the rainfall erosivity factor. Accounts for the energy and intensity of rainstorms. (3) K is the soil erodibility factor. Measures the susceptibility of a soil to erode under a standard condition and adjusts it bi-monthly for the effects … | ||||
| 7:7:6.1.3.2.3.2.1.3 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | B | Subpart B—Soil Erosion Prediction Equations | § 610.13 Equations for predicting soil loss due to wind erosion. | NRCS | (a) The equation for predicting soil loss due to wind in the Wind Erosion Equation (WEQ) is E = f(IKCLV). (For further information on WEQ see the paper by N.P. Woodruff and F.H. Siddaway, 1965. “A Wind Erosion Equation,” Soil Science Society of America Proceedings, Vol. 29, No. 5, pages 602-608, which is available from the American Society of Agronomy, Madison, Wisconsin. In addition, the use of the WEQ in NRCS is explained in the Natural Resources Conservation Service (NRCS) National Agronomy Manual, 190-V-NAM, second ed., Part 502, March, 1988, which is available from the NRCS, P.O. Box 2890, Washington, DC 20013.) (b) [Reserved] (c) The factors in the WEQ equation are defined as follows: (1) E is the estimation of the average annual soil loss in tons per acre. (2) f indicates the equation includes functional relationships that are not straight-line mathematical calculations. (3) I is the soil erodibility index. It is the potential for soil loss from a wide, level, unsheltered, isolated field with a bare, smooth, loose and uncrusted surface. Soil erodibility is based on soil surface texture, calcium carbonate content, and percent day. (4) K is the ridge roughness factor. It is a measure of the effect of ridges formed by tillage and planting implements on wind erosion. The ridge roughness is based on ridge spacing, height, and erosive wind directions in relation to the ridge direction (5) C is the climatic factor. It is a measure of the erosive potential of the wind speed and surface moisture at a given location compared with the same factors at Garden City, Kansas. The annual climatic factor at Garden City is arbitrarily set at 100. All climatic factor values are expressed as a percentage of that at Garden City. (6) L is the unsheltered distance. It is the unsheltered distance across an erodible field, measured along the prevailing wind erosion direction. This distance is measured beginning at a stable border on the upwind side and continuing downward to the nonerodible or stable area, or to… | ||||
| 7:7:6.1.3.2.3.2.1.4 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | B | Subpart B—Soil Erosion Prediction Equations | § 610.14 Use of USLE, RUSLE, and WEQ. | NRCS | (a) All Highly Erodible Land (HEL) determinations are based on the formulas set forth in 7 CFR § 12.21 using some of the factors from the USLE and WEQ and the factor values that were contained in the local Field Office Technical Guide (FOTG) as of January 1, 1990. In addition, this includes the soil loss tolerance values used in those formulas for determining HEL. The soil loss tolerance value is used as one of the criteria for planning soil conservation systems. These values are available in the FOTG in the local field office of the Natural Resources Conservation Service. (b) RUSLE will be used to: (1)(i) Evaluate the soil loss estimates of conservation systems contained in the FOTG. (ii) Evaluate the soil loss estimates of systems actually applied, where those systems were applied differently than specified in the conservation plan adopted by the producer or where a conservation plan was not developed, in determining whether a producer has complied with the HEL conservation provisions of the Food Security Act of 1985, as amended, 16 U.S.C. 3801 et seq., set forth in 7 CFR part 12; and (2) Develop new or revised conservation plans. | ||||
| 7:7:6.1.3.2.3.3.1.1 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | C | Subpart C—State Technical Committees | § 610.21 Purpose and scope. | NRCS | This subpart sets forth the procedures for establishing and using the advice of State Technical Committees. The Natural Resources Conservation Service (NRCS) will establish in each State a Technical Committee to assist in making recommendations relating to the implementation and technical aspects of natural resource conservation activities and programs. The Department of Agriculture (USDA) will use State Technical Committees in an advisory capacity in the administration of certain conservation programs and initiatives. Pursuant to 16 U.S.C. 3862(d), these State Technical Committees and Local Working Groups are exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App. 2). | ||||
| 7:7:6.1.3.2.3.3.1.2 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | C | Subpart C—State Technical Committees | § 610.22 State Technical Committee membership. | NRCS | [74 FR 66912, Dec. 17, 2009, as amended at 84 FR 19702, May 6, 2019] | (a) State Technical Committees will include agricultural producers, nonindustrial private forest land owners, and other professionals who represent a variety of disciplines in soil, water, wetlands, plant, and wildlife sciences. The State Conservationist in each State will serve as chairperson. The State Technical Committee for each State will include representatives from among the following, if willing to serve: (1) NRCS, USDA; (2) Farm Service Agency, USDA; (3) State Farm Service Agency Committee, USDA; (4) Forest Service, USDA; (5) National Institute of Food and Agriculture, USDA; (6) Each of the Federally recognized Indian Tribes in the State; (7) State departments and agencies within the State, including the: (i) Fish and wildlife agency; (ii) Forestry agency; (iii) Water resources agency; (iv) Department of agriculture; (v) Association of soil and water conservation districts; and (vi) Soil and water conservation agency; (8) Agricultural producers representing the variety of crops and livestock or poultry raised within the State; (9) Owners of nonindustrial private forest land; (10) Nonprofit organizations, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986, with demonstrable conservation expertise and experience working with agriculture producers in the State; (11) Agribusiness; and (12) The State Cooperative Extension Service and land grant universities in the State. (b) The State Conservationist will invite other relevant Federal, State, and regional agencies, organizations, and persons knowledgeable about economic and environmental impacts of natural resource conservation techniques and programs to participate as needed. (c) To ensure that recommendations of State Technical Committees take into account the needs of the diverse groups served by USDA, membership will include, to the extent practicable, individuals with demonstrated ability to represent the conservation and related technical concerns of particular historically underserved groups and individuals… | |||
| 7:7:6.1.3.2.3.3.1.3 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | C | Subpart C—State Technical Committees | § 610.23 State Technical Committee meetings. | NRCS | (a) The State Conservationist, as Chairperson, schedules and conducts the meetings, although a meeting may be requested by any USDA agency or State Technical Committee member. (b) NRCS will establish and maintain national standard operating procedures governing the operation of State Technical Committees and Local Working Groups in its directive system. The standard operating procedures will outline items such as: The best practice approach to establishing, organizing, and effectively utilizing State Technical Committees and Local Working Groups; direction on publication of State Technical Committee and Local Working Group meeting notices and agendas; State Technical Committee meeting summaries; how to provide feedback on State Conservationist decisions regarding State Technical Committee recommendations; and other items as determined by the Chief. (c) In addition to the standard operating procedures established under paragraph (b) of this section, the State Conservationist will provide public notice and allow public attendance at State Technical Committee and Local Working Group meetings. The State Conservationist will publish a meeting notice no later than 14 calendar days prior to a State Technical Committee meeting. Notification may exceed this 14-day minimum where State open meeting laws exist and provide for a longer notification period. This minimum 14-day notice requirement may be waived in the case of exceptional conditions, as determined by the State Conservationist. The State Conservationist will publish this notice in at least one or more newspaper(s), including recommended Tribal publications, to attain statewide circulation. | ||||
| 7:7:6.1.3.2.3.3.1.4 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | C | Subpart C—State Technical Committees | § 610.24 Responsibilities of State Technical Committees. | NRCS | [74 FR 66912, Dec. 17, 2009, as amended at 79 FR 44639, Aug. 1, 2014] | (a) Each State Technical Committee established under this subpart will meet on a regular basis, as determined by the State Conservationist, to provide information, analysis, and recommendations to appropriate officials of the U.S. Department of Agriculture (USDA) who are charged with implementing and establishing priorities and criteria for natural resources conservation activities and programs under Title XII of the Food Security Act of 1985 including, but not limited to, the Agricultural Conservation Easement Program, Conservation Reserve Program, Conservation Security Program, Conservation Stewardship Program, Environmental Quality Incentives Program, Conservation Innovation Grants, Conservation of Private Grazing Land, Grassroots Source Water Protection Program, the Voluntary Public Access and Habitat Incentive Program, and the Regional Conservation Partnership Program. The members of the State Technical Committee may also provide input on other natural resource conservation programs and issues as may be requested by NRCS or other USDA agency heads at the State level as long as they are within the programs authorized by Title XII. Such recommendations may include, but are not limited to, recommendations on: (1) The criteria to be used in prioritizing program applications; (2) The State-specific application criteria; (3) Priority natural resource concerns in the State; (4) Emerging natural resource concerns and program needs; and (5) Conservation practice standards and specifications. (b) The role of the State Technical Committee is advisory in nature, and the committee will have no implementation or enforcement authority. The implementing agency reserves the authority to accept or reject the committee's recommendations. However, the implementing USDA agency will give strong consideration to the State Technical Committee's recommendations. (c) State Technical Committees will review whether Local Working Groups are addressing State priorities. | |||
| 7:7:6.1.3.2.3.3.1.5 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | C | Subpart C—State Technical Committees | § 610.25 Subcommittees and Local Working Groups. | NRCS | (a) Subcommittees. In some situations, specialized subcommittees, made up of State Technical Committee members, may be needed to analyze and examine specific issues. The State Conservationist may assemble certain members, including members of Local Working Groups and other knowledgeable individuals, to discuss, examine, and focus on a particular technical or programmatic topic. The subcommittee may seek public participation, but it is not required to do so. Nevertheless, recommendations resulting from these subcommittee sessions, other than sessions of Local Working Groups, will be made only in a general session of the State Technical Committee where the public is notified and invited to attend. Decisions resulting from recommendations of Local Working Groups will be communicated to NRCS in accordance with the standard operating procedures described in § 610.23(b). (b) Local Working Groups. (1) Local Working Groups will be composed of conservation district officials, agricultural producers representing the variety of crops and livestock or poultry raised within the local area, nonindustrial private forest land owners, and other professionals representing relevant agricultural and conservation interests and a variety of disciplines in the soil, water, plant, wetland, and wildlife sciences who are familiar with private land agricultural and natural resource issues in the local community; (2) Local Working Groups will provide recommendations on local natural resource priorities and criteria for conservation activities and programs; and (3) Local Working Groups will follow the standard operating procedures described in § 610.23(b). | ||||
| 7:7:6.1.3.2.3.4.1.1 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | D | Subpart D—Conservation of Private Grazing Land | § 610.31 Purpose and scope. | NRCS | (a) This subpart sets forth the policies for the Conservation of Private Grazing Land (CPGL) Program, as authorized by Section 386 of the Federal Agriculture Improvement and Reform Act of 1996, (Pub. L. 104-127, April 4, 1996) 16 U.S.C. 2005b. Under the CPGL Program, NRCS will provide technical assistance to landowners and managers who request assistance based on locally-established priorities and resource concerns. The purpose of the CPGL Program is to provide technical assistance to private grazing land owners and managers to voluntarily conserve or enhance grazing land resources to meet ecological, economic, and social demands. (b) The term “private grazing land” means private, State-owned, tribally owned, and any other non-federally owned rangeland, pastureland, grazed forestland, hayland, and other lands used for grazing. (c) The NRCS Chief may implement the CPGL Program in any of the 50 States, the District of Columbia, Commonwealth of Puerto Rico, Guam, the U.S. Virgin Islands, and American Samoa. NRCS will provide assistance in cooperation with conservation districts, or directly to a landowner or operator. | ||||
| 7:7:6.1.3.2.3.4.1.2 | 7 | Agriculture | VI | B | 610 | PART 610—TECHNICAL ASSISTANCE | D | Subpart D—Conservation of Private Grazing Land | § 610.32 Technical assistance furnished. | NRCS | (a) Provide technical assistance to grazing-land owners and managers to plan and implement resource conservation on grazing land. The objective of planning on grazing land is to assist landowners and managers in understanding the basic ecological principles associated with managing their land. This objective can be met by implementing a plan that meets the needs of the resources (soil, water, air, plants, and animals) and management objectives of the owner or manager. NRCS may provide assistance, at the request of the private grazing-land owner or manager to: (1) Maintain and improve private grazing land resources that provide multiple benefits; (2) Ensure the long-term sustainability of private grazing land resources; (3) Implement new grazing land management technologies; (4) Manage resources on private grazing land through conservation planning, including, but not limited to; grazing management, nutrient management, and weed and invasive species control; (5) Maintain and improve water quality and quantity, aquatic and wildlife habitat, recreational opportunities, and aesthetics on private grazing land; (6) Harvest, process, and market private grazing land resources; and (7) Identify opportunities to diversify private grazing land enterprises. (b) Refer to 7 CFR 610.4 on other items relating to technical assistance. (c) To receive technical assistance, a landowner or manager may contact NRCS or the local conservation district to seek assistance to solve identified natural resource problems or opportunities. Participation in this program is voluntary. | ||||
| 7:7:6.1.3.2.4.1.1.1 | 7 | Agriculture | VI | B | 611 | PART 611—SOIL SURVEYS | A | Subpart A—General | § 611.1 Purpose and scope. | NRCS | (a) This part sets forth policy on soil survey operations of the Natural Resources Conservation Service (NRCS). (b) NRCS is responsible for soil survey activities of the U.S. Department of Agriculture (USDA). A soil survey provides: (1) An orderly, on-the-ground, scientific inventory of soil resources according to their potentialities and problems of use; and (2) Information about each kind of soil in sufficient detail to meet all reasonable needs of farmers, agricultural technicians, community planners, engineers, and scientists in planning and transferring the findings of research and experience to specific land areas. | ||||
| 7:7:6.1.3.2.4.1.1.2 | 7 | Agriculture | VI | B | 611 | PART 611—SOIL SURVEYS | A | Subpart A—General | § 611.2 Cooperative relationships. | NRCS | (a) Soil surveys on nonfederal lands are carried out cooperatively with State agricultural experiment stations and other State agencies. The cooperative effort is evidenced in a memorandum of understanding setting forth guidelines for actions to be taken by each cooperating party in the performance of soil surveys. Similar cooperative arrangements exist between NRCS and other Federal agencies for soil surveys on Federal lands. (b) Arrangements for nonfederal financial participation in the cost of soil surveys may be made with States, counties, soil conservation districts, planning agencies, and other local groups. | ||||
| 7:7:6.1.3.2.4.2.1.1 | 7 | Agriculture | VI | B | 611 | PART 611—SOIL SURVEYS | B | Subpart B—Soil Survey Operations | § 611.10 Standards, guidelines, and plans. | NRCS | (a) NRCS conducts soil surveys under national standards and guidelines for naming, classifying, and interpreting soils and for disseminating soil survey information. (b) A soil survey Memorandum of Understanding (MOU) is prepared prior to the start of each soil survey project, or a work plan is prepared for soil survey maintenance activities. These documents provide specific details and technical specifications to support the interpretive and data needs of the area to be surveyed. The MOU is signed by representatives of NRCS, land grant universities, and in some States representatives of other State agencies. Federal land administering agencies also sign the MOU if federal lands are included in the survey. | ||||
| 7:7:6.1.3.2.4.2.1.2 | 7 | Agriculture | VI | B | 611 | PART 611—SOIL SURVEYS | B | Subpart B—Soil Survey Operations | § 611.11 Soil survey information. | NRCS | (a) Availability. NRCS disseminates soil survey information to the public by any of the means described in paragraph (d) of this section. NRCS makes soil survey information available as soon as is practicable following field work or other soil survey activity that provides new soil survey information. (b) Content. Soil survey information conforms with standards and meets the needs identified in the soil survey MOU or work plan as described in § 611.10 of this part. Soil survey information includes: (1) Soil maps that delineate the location and extent of various soil areas; (2) Soil characteristics for each of the soil areas shown on soil maps; (3) Interpretations of the soil characteristics; and (4) Information about the source, version, and applicability or limitations associated with the soil survey information. (c) Maintenance. Soil survey information is reviewed on a periodic basis to ensure that the information continues to meet evolving needs. (d) Distribution. Soil survey information is disseminated to the public through electronically accessible maps and reports, electronic access to data files, or printed documents. To the extent practicable, as limited by commonly accepted technology, soil survey information is disseminated in electronic form. (e) Resource conservation plan data. Information prepared specifically for use in developing resource conservation plans for soil conservation district cooperators is considered confidential. Soil maps and interpretations prepared for this use will not be made available to others without the consent of the landowner as well as the district governing body. However, soil survey information from which the conservation plan was developed may be disseminated as described in paragraph (a) of this section. | ||||
| 7:7:6.1.3.2.4.3.1.1 | 7 | Agriculture | VI | B | 611 | PART 611—SOIL SURVEYS | C | Subpart C—Cartographic Operations | § 611.20 Function. | NRCS | The NRCS National Cartography and Geospatial Center provides cartographic services needed to carry out NRCS functions. Cartographic services include general cartography, photogrammetry, aerial photography, planimetric and topographic mapping, drafting, and specialized types of reproduction. | ||||
| 7:7:6.1.3.2.4.3.1.2 | 7 | Agriculture | VI | B | 611 | PART 611—SOIL SURVEYS | C | Subpart C—Cartographic Operations | § 611.21 Availability of aerial photography. | NRCS | The National Cartography and Geospatial Center obtains necessary clearance for all aerial photography for NRCS. New aerial photography of designated areas in the United States is obtained yearly by NRCS through competitive contracting. This photography is obtained only after it is determined that imagery of these areas available from other sources does not meet NRCS scale and quality requirements. Orders for reproductions of NRCS aerial photography are subject to the fee schedule cited in § 1.2(b) of this title. Order reproductions from the National Cartography and Geospatial center: USDA—National Resources Conservation Service; P.O. Box 6567, FWFC-Bldg. 23; 501 W. Felix Street; Forth Worth, Texas 76115. | ||||
| 7:7:6.1.3.2.4.3.1.3 | 7 | Agriculture | VI | B | 611 | PART 611—SOIL SURVEYS | C | Subpart C—Cartographic Operations | § 611.22 Availability of satellite imagery. | NRCS | Cloud-free maps of the United States based on imagery received from a satellite are prepared and released to the public by NRCS. The maps offer the first image of the United States not obscured by clouds or distortions. Orders or requests for information should be directed to the National Cartography and Geospatial Center, USDA—Natural Resources Conservation Service; P.O. Box 6567, FWFC-Bldg. 23; 501 W. Felix Street; Forth Worth, Texas 76115. Orders are subject to the fee schedule cited in § 1.2(b) of this title. | ||||
| 7:7:6.1.3.2.5.0.1.1 | 7 | Agriculture | VI | B | 612 | PART 612—SNOW SURVEYS AND WATER SUPPLY FORECASTS | § 612.1 Purpose and scope. | NRCS | This part sets forth Natural Resources Conservation Service (NRCS) policy and procedure for the administration of a cooperative snow survey and water supply forecast program. The program provides agricultural water users and other water management groups in the western states area with water supply forecasts to enable them to plan for efficient water management. The program also provides the public and the scientific community with a data base that can be used to accurately determine the extent of the now resource. The western states area comprises Alaska, Arizona, California (east side of the Sierra Nevada mountain range only), Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. | ||||||
| 7:7:6.1.3.2.5.0.1.2 | 7 | Agriculture | VI | B | 612 | PART 612—SNOW SURVEYS AND WATER SUPPLY FORECASTS | § 612.2 Snow survey and water supply forecast activities. | NRCS | To carry out the cooperative snow survey and water supply forecast program, NRCS: (a) Establishes, maintains, and operates manual and automated snow course and related hydro meteorological networks. Planning for such networks is carried out in accordance with OMB Circular A-62. (b) Determines and provides information on the expected water supply, including seasonal streamflow data. If pertinent and appropriate to the needs of cooperators and not otherwise available to them, may provide necessary interpretative analyses and forecasts required for operation of water-control structures and/or agricultural operations. (c) On request and to the extent NRCS resources and any required cooperator contributions are available, establishes hydrometeorological stations to cllect and provide data and necessary interpretive analyses to the requesting party. By written agreement NRCS may accept cooperators' funds, materials, equipment, and services for this purpose. (d) Develops and encourages use of new techniques and improving data collection and processing. (e) Cooperates with other federal, state, and local agencies, organizations, and Canadian provinces and agencies. | ||||||
| 7:7:6.1.3.2.5.0.1.3 | 7 | Agriculture | VI | B | 612 | PART 612—SNOW SURVEYS AND WATER SUPPLY FORECASTS | § 612.3 Data collected and forecasts. | NRCS | (a) Basic data are currently collected at numerous sites in the western states area. Data sites generally include a snow course where both snow depth and water equivalent of snow are measured. However, special sites may measure only snow depth or water equivalent. Many of these sites also provide related drometeorological data, such as precipitation, temperature, humidity, solar tradiation, and wind. (b) Water supply forecasts in the western states area are generally made monthly from January through June. Forecasts may be made more frequently for an established need when data are available to NRCS. | ||||||
| 7:7:6.1.3.2.5.0.1.4 | 7 | Agriculture | VI | B | 612 | PART 612—SNOW SURVEYS AND WATER SUPPLY FORECASTS | § 612.4 Eligible individuals or groups. | NRCS | (a) Any individual or group who is a significant water user and who would benefit from a water supply forecast may obtain forecasts from NRCS on a regular basis provided data are available to NRCS to develop a forecast at the desired location. (b) The program collects and interprets data as a service and an aid to agricultural interests, particularly those served by or affiliated with soil, water, and other conservation districts. Information collected by NRCS for these agricutural users is also made available to other Federal, State, and private agencies and to the general public without charge. Cooperator financial contribution is usually required for special measurements or interpretations beyond the scope of the regular program. | ||||||
| 7:7:6.1.3.2.5.0.1.5 | 7 | Agriculture | VI | B | 612 | PART 612—SNOW SURVEYS AND WATER SUPPLY FORECASTS | § 612.5 Dissemination of water supply forecasts and basic data. | NRCS | Water supply outlook reports prepared by NRCS and its cooperators containing water supply forecasts and basic data are usually issued monthly by each NRCS state office in the western states area for the months of January through June. Other reports jointly issued by NRCS and its cooperators include a fall water supply summary, annual and accumulative summaries of data, and a western states area report covering water supply outlook. | ||||||
| 7:7:6.1.3.2.5.0.1.6 | 7 | Agriculture | VI | B | 612 | PART 612—SNOW SURVEYS AND WATER SUPPLY FORECASTS | § 612.6 Application for water supply forecast service. | NRCS | Requests for obtaining water supply forecasts or related assistance may be directed to any NRCS office in the western states areas. NRCS offices are described in part 600 of this chapter. | ||||||
| 7:7:6.1.3.2.5.0.1.7 | 7 | Agriculture | VI | B | 612 | PART 612—SNOW SURVEYS AND WATER SUPPLY FORECASTS | § 612.7 Forecast user responsibility. | NRCS | The forecast user's obligation to the federal government is to give appropriate credit and recognition to NRCS for information furnished. The Federal Government does not assume any responsibility for management decisions the user makes which may be based in whole or part on information provided by NRCS. | ||||||
| 7:7:6.1.3.2.6.0.1.1 | 7 | Agriculture | VI | B | 613 | PART 613—PLANT MATERIALS CENTERS | § 613.1 Purpose. | NRCS | This part provides NRCS policy on the operation of PMCs. The Centers have responsibilities for assembling, testing, releasing, and providing for the commercial production and use of plant materials and plant materials technology for programs of soil, water, and related resource conservation and development. | ||||||
| 7:7:6.1.3.2.6.0.1.2 | 7 | Agriculture | VI | B | 613 | PART 613—PLANT MATERIALS CENTERS | § 613.2 Policy and objectives. | NRCS | (a) It is NRCS policy to assemble, comparatively evaluate, release, and distribute for commercial increase new or improved plant materials and plant materials technology needed for broad programs of resource conservation and development for agriculture, wildlife, urban, recreation, and other land uses and environmental needs. It is the policy of NRCS to conduct plant materials work in cooperation with other agencies of the Department of Agriculture, such as the Agricultural Research Service, and with other Federal and State research agencies, including State agricultural experiment stations. The emphasis of the NRCS plant materials work is to find suitable plants to address conservation needs. In contrast, the emphasis of research agencies and organizations in plant development is to improve economically important crops. The NRCS program of testing and releasing new seed-propagated plant materials follows the guidelines in “Statement of Responsibilities and Policies Relating to the Development, Release, and Multiplication of Publicly Developed Varieties of Seed-Propagated Crops,” which was adopted in June 1972, by Land Grant Colleges and interested Federal agencies. NRCS releases improved conservation plant materials requiring vegetative multiplication in ways appropriate for particular States and particular species by working with experiment stations, crop improvement associations, and other State and Federal agencies. (b) The objective of the plant materials activity is to select or develop special and improved plants and techniques for their successful establishment and maintenance to solve conservation problems and needs related to: (1) Controlling soil erosion on all lands; (2) Conserving water; (3) Protecting upstream watersheds; (4) Reducing sediment movement into waterways and reservoirs through the stabilization of critical sediment sources, such as surface mined lands, highway slopes, recreation sites, and urban and industrial development areas; (5) Stabilizing disposal areas for liquid and solid … | ||||||
| 7:7:6.1.3.2.6.0.1.3 | 7 | Agriculture | VI | B | 613 | PART 613—PLANT MATERIALS CENTERS | § 613.3 NRCS responsibilities in plant materials. | NRCS | NRCS operates or enters into agreements with State universities or other State organizations to operate PMCs. NRCS also cooperates, both formally and informally, with other Federal, State, county, and nonprofit agencies or organizations on the selection of plants and evaluation of plant technology to increase the capabilities of PMCs. NRCS employs specialists for testing and selecting plant materials for conservation uses and the development of plant materials technology. NRCS' responsibilities are to: (a) Identify the resource conservation needs and cultural management methods for environmental protection and enhancement. (b) Assemble and comparatively evaluate plant materials at PMCs and on sites where soil, climate, or other conditions differ significantly from those at the Centers. (c) Make comparative field plantings for final testing of promising plants and techniques in cooperation with conservation districts and other interested cooperators. (d) Release cooperatively improved conservation plants and maintain the breeder or foundation stocks in ways appropriate for particular State and plant species by working with experiment stations, crop improvement associations, and other State and Federal agencies. (e) Produce limited amounts of foundation or foundation-quality seed and plants available for allocation to conservation districts, experiment stations, other Federal and State research agencies, State seed certifying organizations and directly to commercial growers (if other options do not exist) that will use the material to establish seed fields, seed orchards, or vegetative plantings for large-scale increase. (f) Encourage and assist conservation districts, commercial seed producers, and commercial and State nurseries to produce needed plant materials for conservation uses. (g) Encourage the use of improved plant materials and plant materials technology in resource conservation and environmental improvement programs. | ||||||
| 7:7:6.1.3.2.6.0.1.4 | 7 | Agriculture | VI | B | 613 | PART 613—PLANT MATERIALS CENTERS | § 613.4 Special production of plant materials. | NRCS | NRCS can produce plant materials in the quantity required to do a specific conservation job if this production will serve the public welfare and only if the plant materials are not available commercially. This function will be performed only until the plant materials are available commercially. Specific production of plant materials by NRCS requires the approval of the Chief. | ||||||
| 7:7:6.1.3.2.6.0.1.5 | 7 | Agriculture | VI | B | 613 | PART 613—PLANT MATERIALS CENTERS | § 613.5 PMCs. | NRCS | (a) The Norman A. Berg National PMC. The Norman A. Berg National PMC at Beltsville, Maryland, focuses on national initiatives and provides coordination for plant materials work across all 50 States. In addition, the center provides plants and plant technology to address resource concerns in the mid-Atlantic region. (b) Other PMCs. There are 26 other PMCs. Each serves several major land resource areas. NRCS operates 24 of these Centers, and 2 by cooperating agencies, as follows: (1) Operated by NRCS: Tucson, AZ, Booneville, AR, Lockeford, CA, Brooksville, FL, Americus, GA, Molokai, HI, Aberdeen, ID, Manhattan, KS, Galliano, LA, East Lansing, MI, Coffeeville, MS, Elsberry, MO, Bridger, MT, Fallon, NV, Cape May Courthouse, NJ, Los Lunas, NM, Big Flats, NY, Bismarck, ND, Corvallis, OR, Kingsville, TX, Knox City, TX, Nacogdoches, TX, Pullman, WA, and Alderson, WV. (2) Operated by cooperating agencies with financial and technical assistance from NRCS: Meeker, CO—White River and Douglas Creek Soil Conservation Districts with partial funding from NRCS. (3) Operated by cooperating agencies with technical assistance from NRCS: Palmer, AK—State of Alaska, Department of Natural Resources. | ||||||
| 7:7:6.1.3.2.7.0.1.1 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.1 General. | NRCS | This part sets forth the informal appeal procedures under which a participant may appeal adverse technical determinations or program decisions made by officials of the Natural Resources Conservation Service (NRCS), an agency under the Department of Agriculture (USDA). These regulations reflect NRCS policy to resolve at the agency level, to the greatest extent possible, disputes arising from adverse technical determinations and program decisions made by NRCS. Once a decision is rendered final by NRCS, participants may appeal to the National Appeals Division (NAD) as provided for under 7 CFR part 11, or to the Farm Service Agency (FSA) county committee pursuant to 7 CFR part 780 for decisions rendered under Title XII of the Food Security Act of 1985, as amended, 16 U.S.C. 3801 et seq. (Title XII). | ||||||
| 7:7:6.1.3.2.7.0.1.10 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.10 Appeals before the Farm Service Agency county committee. | NRCS | (a) In accordance with 7 CFR part 780, a participant may appeal a final technical determination or a program decision to the FSA county committee for those decisions made under Title XII. (b) When the FSA county committee hearing the appeal requests review the technical determination by the applicable State Conservationist prior to issuing their decision, the State Conservationist will: (1) Designate an appropriate NRCS official to gather any additional information necessary for review of the technical determination; (2) Obtain additional oral and documentary evidence from any party with personal or expert knowledge about the facts under review; and (3) Conduct a field visit to review and obtain additional information concerning the technical determination. (c) After the actions set forth in paragraphs (b)(1) through (3) of this section are completed, provide the FSA county committee with a written technical determination in the form required by § 614.6(b)(1) through (2) as well as a copy of the agency record. | ||||||
| 7:7:6.1.3.2.7.0.1.11 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.11 Mediation. | NRCS | (a) A participant who wishes to pursue mediation must file a request for mediation under this part with the official designated in the decision notice no later than 30 days after the date on which the decision notice was received. Participants in mediation are normally required to pay fees established by the mediation program. (b) A dispute will be meditated by a qualified mediator as defined at § 614.2(n). (c) The parties will have 30 days from the date of the first mediation session to reach a settlement agreement. This date can be extended upon agreement of the parties. The mediator will notify the State Conservationist whether the parties have reached an agreement. (d) Settlement agreement reached during, or as a result of, the mediation process must be in writing, signed by all parties to the mediation, and comply with the statutory and regulatory provisions and policies governing the program. In addition, the participant must waive all appeal and judicial rights as to the issues resolved by the settlement agreement. (e) At the outset of mediation, the parties must agree to mediate in good faith. NRCS demonstrates good faith in the mediation process by, among other things: (1) Designating an NRCS representative in the mediation; (2) Making pertinent records available for review and discussion during the mediation; and (3) To the extent the NRCS representative does not have authority to bind the agency, directing the NRCS representative to forward, in a timely manner, any written agreement proposed in mediation to the appropriate NRCS official for consideration. (f) Mediator impartiality. (1) No person may serve as mediator in an adverse program dispute who has previously served as an advocate or representative for any party in the mediation. (2) No person serving as mediator in an adverse program dispute may thereafter serve as an advocate for a participant in any other proceeding arising from or related to the mediated dispute including, without limitation, representation of a mediation participa… | ||||||
| 7:7:6.1.3.2.7.0.1.12 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.12 Transcripts. | NRCS | (a) No recordings will be made of any informal hearing conducted under § 614.9. In order to obtain an official record of a hearing, a participant may obtain a verbatim transcript as provided in paragraph (b) of this section. (b) Any party to an informal hearing appeal under § 614.9 may request that a verbatim transcript is made of the hearing proceedings and that such transcript is made the official record of the hearing. The party requesting a verbatim transcript must pay for the transcription service and provide a copy of the transcript to NRCS at no charge. | ||||||
| 7:7:6.1.3.2.7.0.1.13 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.13 Appealability review. | NRCS | If NRCS states that a decision is not adverse to the individual participant, and thus, no right to appeal exists, NRCS will notify the participant that he may seek review of that determination from the NAD Director. | ||||||
| 7:7:6.1.3.2.7.0.1.14 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.14 Computation of time. | NRCS | (a) The word “days” as used in this final rule means calendar days, unless specifically stated otherwise. (b) Deadlines for any action under this part, including deadlines for filing and decisions which fall on a Saturday, Sunday, Federal holiday, or other day on which the relevant NRCS office is closed during normal business hours, will be extended to close of business the next working day. | ||||||
| 7:7:6.1.3.2.7.0.1.15 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.15 Implementation of final NAD determinations. | NRCS | (a) No later than 30 days after a NAD determination becomes a final administrative decision of USDA, NRCS will implement the determination. (b) Biannually, NRCS must file a report on the status of implementation of final administrative determinations in accordance with section 14009 of the 2008 Farm Bill. | ||||||
| 7:7:6.1.3.2.7.0.1.16 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.16 Participation of third parties in NRCS proceedings. | NRCS | When an appeal is filed under this part, NRCS will notify any third party whose interests may be affected of the right to participate as an appellant in the appeal. If the third party declines to participate, then NRCS' decision will be binding as to that third party as if the party had participated. If a formal hearing is conducted by NAD, third party issues will be decided by NAD. | ||||||
| 7:7:6.1.3.2.7.0.1.17 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.17 Judicial review. | NRCS | A participant must receive a final determination from NAD pursuant to 7 CFR part 11 prior to seeking judicial review in any U.S. District Court of competent jurisdiction. | ||||||
| 7:7:6.1.3.2.7.0.1.2 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.2 Definitions. | NRCS | The following definitions are applicable for the purposes of this part: Adverse decision means the final technical determination or the program decision issued by NRCS that is adverse to the individual participant and not a matter of general applicability. Agency means NRCS and its employees. Agency exhibit means those documents or materials that are used during the hearing to further explain, differentiate, or distinguish a point, concept, or criteria in an appeal but that were not those materials or documents that the agency relied upon in making the adverse decision. Agency exhibits are labeled alphabetically A, B, C, etc., with total pages in each exhibit numbered. Agency record means all documents and materials, including documents submitted by the participant and those generated by NRCS, which the agency relies upon and bases its program decision or technical determination. The agency record will include all documents relevant to the adverse decision. NRCS maintains the agency record and will, upon request or appeal, make available a copy of the agency record for a specific adverse decision to the participant(s) involved in the dispute. Agency record documents are labeled numerically 1, 2, 3, etc., in the lower right hand of the document. Appeal means a written request by a participant asking for review (including mediation) of an adverse NRCS technical determination or program decision under this part. An appeal must set out the reason(s) for appeal and include any supporting documentation. An appeal is considered filed when the participant's request has been received by the accepting official as indicated in the adverse decision notice. Chief means the Chief of NRCS or his or her designee. Commodity Credit Corporation means a wholly owned government corporation within USDA. Conservation district means any district or unit of State or local government developed under State law for the express purpose of developing and carrying out a local soil and water conservation program. Such district o… | ||||||
| 7:7:6.1.3.2.7.0.1.3 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.3 Decisions subject to informal appeal procedures. | NRCS | (a) This part applies to NRCS adverse program decisions and technical determinations made with respect to: (1) Conservation programs and regulatory requirements authorized under Title XII, including: (i) Conservation Security Program; (ii) Conservation Stewardship Program; (iii) Conservation Reserve Program and the Conservation Reserve Enhancement Program; (iv) Environmental Quality Incentives Program, including the following: (A) Agricultural Water Enhancement Program, (B) Conservation Activity Plans, (C) Colorado River Basin Salinity Control, (D) Conservation Innovation Grants, (E) Ground and Surface Water Conservation Program, (F) Klamath Basin Program, and (G) Organic Program Initiative; (v) Farm and Ranch Land Protection Program; (vi) Grassland Reserve Program; (vii) Highly Erodible Land Conservation; (viii) Wetland Conservation; (ix) Wetlands Reserve Program and Wetlands Reserve Enhancement Program; and (x) Wildlife Habitat Incentive Program. (2) Non-Title XII conservation programs or provisions, including: (i) Agriculture Management Assistance Program; (ii) Emergency Watershed Protection Program including Flood Plain Easements; (iii) Great Lakes Restoration Initiative; (iv) Healthy Forest Reserve Program; (v) Water Bank Program; (vi) Watershed Protection and Flood Prevention Program; and (3) Any other program to which this part is made applicable. (b) With respect to matters identified in paragraph (a) of this section, participants may appeal adverse decisions concerning: (1) Denial of participation in a program; (2) Compliance with program requirements; (3) Issuance of payments or other program benefits to a participant in a program; (4) Technical determinations made under Title XII HELC/WC provisions; (5) Technical determinations or program decisions that affect a participant's eligibility for USDA program benefits; (6) The failure of an NRCS official issue a technical determination or program decision subject to this part (“failure to act”); and (7) Incorrect applicatio… | ||||||
| 7:7:6.1.3.2.7.0.1.4 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.4 Decisions not subject to informal appeal procedures. | NRCS | (a) Decisions that are not appealable under this part include: (1) Any general program provision, program policy, or any statutory or regulatory requirement that is applicable to all similarly situated participants, such as: (i) Program application ranking criteria; (ii) Program application screening criteria; (iii) Published soil surveys; or (iv) Conservation practice technical standards included in the local field office technical guide or the electronic FOTG (eFOTG). (2) Mathematical or scientific formulas established under a statute or program regulation and a program decision or technical determination based solely on the application of those formulas; (3) Decisions made pursuant to statutory provisions or implementing regulations that expressly make agency program decisions or technical determinations final; (4) Decisions that are based on technical information provided by another Federal or State agency, e.g., lists of endangered and threatened species; (5) Corrections by NRCS of errors in data entered on program contracts, easement documents, loan agreements, and other program documents; or (6) Decisions issued by the Office of the General Counsel, in the exercise of authority delegated to it by the Attorney General, concerning the application of real property title standards issued by the Attorney General. (b) Complaints involving discrimination in program delivery are not appealable under this part and are handled under the existing USDA civil rights rules and regulations. (c) Appeals related to contractual issues that are subject to the jurisdiction of the Civilian Board of Contract Appeals are not appealable under the procedures within this part. (d) Where NRCS is unable to fund an application for program participation due to a lack of funds. The agency may not deny appeal of the underlying computations used to rank and prioritize the application. | ||||||
| 7:7:6.1.3.2.7.0.1.5 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.5 Reservation of authority. | NRCS | The Secretary of Agriculture, Chief of NRCS, if applicable, or designee, reserves the right to make a determination at any time on any question arising under the programs covered under this regulation within their respective authority, including reversing or modifying in writing, with sufficient reason given therefore, any program decision or technical determination made by an NRCS official. | ||||||
| 7:7:6.1.3.2.7.0.1.6 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.6 Agency records and decision notices. | NRCS | (a) All NRCS decisions under this part are based upon an agency record. NRCS will supplement the agency record, as appropriate, during the informal appeals process. (b) NRCS notifies participants of the agency's preliminary and final technical determinations and program decisions through decision notices. By certified mail, return receipt requested, NRCS will send to the participant a decision notice within 10 working days of rendering a technical determination or program decision. In lieu of certified mail, NRCS may hand deliver notices to participants with written acknowledgment of delivery by the participant. Each decision notice contains the following: (1) The factual basis for the technical determination or program; (2) The regulatory, statutory, or policy basis for the technical determination or program decision; and (3) Information regarding any informal appeal rights available under this part; the process for requesting such appeal; and the procedure for requesting further review before the FSA county committee pursuant to 7 CFR part 780 or NAD pursuant to 7 CFR part 11. | ||||||
| 7:7:6.1.3.2.7.0.1.7 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.7 Preliminary technical determinations. | NRCS | (a) A preliminary technical determination is limited to those determinations made pursuant to the HELC/WC provisions (16 U.S.C. 3801, et seq. ) and becomes final 30 days after the participant receives the decision, unless the participant files an appeal with the appropriate NRCS official as indicated in the decision notice requesting: (1) Reconsideration with a field visit, office visit, or other designated location meeting site in accordance with paragraphs (b) and (c) of this section; or (2) Mediation as set forth in § 614.11. (b)(1) If the participant requests reconsideration with a field visit, office visit, or other location visit, the designated conservationist, participant, and at the option of the conservation district, a district representative will make a field or office visit for the purpose of gathering additional information and discussing the facts relating to the preliminary technical determination. The participant may also provide any additional documentation to the designated conservationist. (2) Within 15 days of the field or office visit, the designated conservationist, based upon the agency record as supplemented by the field visit and any participant submissions, will reconsider his or her preliminary technical determination. (3) If the reconsidered determination is no longer adverse to the participant, the designated conservationist will issue the reconsidered determination as a final technical determination. (4) If the preliminary technical determination remains adverse, then the designated conservationist will forward the revised decision and agency record to the State Conservationist for a final determination pursuant to paragraph (c) of this section, unless further appeal is waived in writing by the participant in accordance with paragraph (d) of this section. (c) The State Conservationist will issue a final technical determination to the participant as soon as is practicable after receiving the reconsideration and agency record from the designated conservationist. The technical … | ||||||
| 7:7:6.1.3.2.7.0.1.8 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.8 Final technical determinations. | NRCS | (a) Preliminary HELC/WC technical determinations become final and appealable: (1) Thirty days after receipt of the preliminary technical decision by the participant unless the determination is appealed in a timely manner as provided for in this regulation. (2) Thirty calendar days after the beginning of a mediation session if a mutual agreement has not been reached by the parties; or (3) Upon receipt by the participant of the final technical determination issued on reconsideration as provided in § 614.7(c). (b) The participant may appeal the final technical determination issued under the HELC/WC provisions to: (1) The FSA county committee pursuant to 7 CFR part 780; or (2) NAD pursuant to 7 CFR part 11. | ||||||
| 7:7:6.1.3.2.7.0.1.9 | 7 | Agriculture | VI | B | 614 | PART 614—NRCS APPEAL PROCEDURES | § 614.9 Program decisions. | NRCS | (a) Program decisions are final upon receipt of the program decision notice by the participant. Program decisions include all decisions issued by NRCS for programs that NRCS administers separate from the HELC/WC provisions. The participant has the following options for appeal of the program decision: (1) An informal hearing before NRCS as provided for in paragraph (b) through paragraph (d) of this section; (2) Mediation as provided for in § 614.11; (3) An informal hearing before the FSA county committee pursuant to 7 CFR part 780 if the program decision is made under Title XII; or (4) A hearing before NAD pursuant to 7 CFR part 11. (b) A program participant must file an appeal request for a hearing with the appropriate State Conservationist as indicated in the decision notice within 30 calendar days from the date the participant received the program decision. (c) The State Conservationist may accept a hearing request that is untimely filed under paragraph (b) of this section if the State Conservationist determines that circumstances warrant such an action. (d) The State Conservationist will hold a hearing no later than 30 days from the date the appeal request was received. The State Conservationist will issue a written final decision no later than 30 days from the close of the hearing. (e) NRCS will provide notice of the right to appeal to NAD on program decisions when equitable relief is denied by the Chief or the State Conservationist. | ||||||
| 7:7:6.1.3.3.10.0.1.1 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.1 Purpose and scope. | NRCS | (a) The regulations in this part set forth the policies, procedures, and requirements for the Emergency Wetlands Reserve Program (EWRP). Under the EWRP, NRCS will make offers to purchase wetland conservation easements from persons owning croplands that were damaged by the 1993 Midwest floods if those lands have the potential for restoration to wetland conditions and if the owner voluntarily agrees to restore and maintain those conditions. The easements are to be purchased to promote the restoration and maintenance of wetland characteristics, such as hydrologic conditions of inundation or saturation of the soil and hydrophytic vegetation. The functions and values of the wetlands for wildlife habitat, water quality improvement, flood water retention, floodway enhancement, ground water recharge, open space, aesthetic values, and environmental education will thus be promoted. The wetland conservation easements will permanently prohibit use of the affected land as cropland. Additionally, the easement shall require permanent maintenance of the wetland conditions, except in the case of natural disaster. (b) The EWRP is available only in the following States: Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, South Dakota, and Wisconsin. Certain cropland areas within these States have been determined to have been inundated by the Midwest floods of 1993. As more fully defined and described in this part, eligible land may include farmed wetlands or prior converted wetlands (wetlands converted prior to December 23, 1985), together with adjacent lands on which the wetlands are functionally dependent so long as the likelihood of successful restoration of such land and the potential wetland values merit inclusion in the program with reasonable costs. | ||||||
| 7:7:6.1.3.3.10.0.1.10 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.10 Application to participate. | NRCS | (a) A person seeking to enroll land in the EWRP must apply for enrollment on an approved NRCS form. The application to participate must be filed with the local NRCS field office during an announced period for such submissions. (b) A person submitting an application to participate shall not be obligated to accept an NRCS offer to purchase an easement if one is forthcoming. (c) An application to participate must be signed by all owners of the property or their duly authorized representative(s). | ||||||
| 7:7:6.1.3.3.10.0.1.11 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.11 Obligations of the landowner. | NRCS | (a) All owners of land who accept an EWRP offer from NRCS shall: (1) Comply with the terms of the easement. (2) Comply with all terms and conditions of the WRPO for the full life of the easement. (3) Ensure that the easement granted to NRCS is superior to the interest of all other parties who may have an interest in the easement area, except as authorized by NRCS. Such action shall include, but not be limited to, obtaining a written statement of consent to such a superior easement from those holding a security interest or any other encumbrance or the land covered by the easement. Additionally, the landowner shall perfect the easement with superior NRCS interest in accordance with State law. (4) Agree to the permanent retirement of the aggregate total of crop acreage bases, and allotment and mandatory quota on the farm or ranch in order to maintain the base allotment on quota acres at or below the number of acres of cropland after the easement has been perfected. (5) Not allow grazing or commercial use of the land covered by an easement except as provided for in the WRPO, or harvesting of any agricultural commodity produced on the land subject to the EWRP easement. (6) Comply with Federal or State noxious week laws in the manner specified in the WRPO. (7) Control other identified weed and pest species, in the manner specified in the WRPO. (8) Be responsible for repairs, improvements, and inspections of the WRPO practices as necessary to maintain existing public drainage systems when the land is restored to the condition required by the terms of the easement, the contract, and the easement. (9) Be permitted to control public access, in accordance with the WRPO, on the land enrolled in the program. (10) Implement any additional provisions that are required by NRCS in consultation with FWS in the contract, WRPO, or easement, in order to, as determined by NRCS, facilitate the administration of the EWRP. (11) Not alter the vegetation, except to harvest already planted crops or forage, or hydrology on such ac… | ||||||
| 7:7:6.1.3.3.10.0.1.12 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.12 Payments to landowners by NRCS. | NRCS | (a) NRCS will share the cost with landowners of rehabilitating the enrolled land in the EWRP as provided in the WRPO. The amount of the cost-share assistance shall be specified in the contract. Eligible costs for such cost-share assistance by NRCS shall only include those costs which NRCS determines are appropriate and shall be subject to the following restrictions: (1) The State Conservationist will establish cost-share rates of between 75 to 100 percent of the historical cost of establishing or installing the practices specified in the WRPO; or pay the average cost of establishing the practices specified in the WRPO, based on the historical cost of establishing the practices in the State; (2) Cost-share payments may be made only upon a determination that an approved practice or an identifiable unit of the practice has been completed in compliance with NRCS approved standards and specifications; and (3) Cost-share payments may not be made for the maintenance of the practice except as specifically permitted in writing by the State Conservationist. (b) Notwithstanding paragraph (a)(3) of this section, cost share payments may be authorized for the replacement or restoration of practices for which cost share assistance has been previously allowed under the EWRP, but only if: (1) Replacement or restoration of the practice is needed to meet the objectives for which the easement was established; and (2) The failure of the original practice was due to reasons beyond the control of the participant. (c)(1) NRCS shall pay the amount agreed upon by NRCS and the landowner for the purchase of the easement in a lump-sum amount after the easement is perfected in compliance with State law, except in the case of paragraph (c)(2) of this section. (2) For all easements, NRCS shall pay no more than 75 percent of the total easement price pending completion of the practices to restore the wetlands as provided under the WRPO. The remaining amount shall be paid when NRCS determines the restoration is complete. (d) After an ease… | ||||||
| 7:7:6.1.3.3.10.0.1.13 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.13 Wetlands reserve plan of operations. | NRCS | (a) After NRCS has accepted the applicant for enrollment in the program, a WRPO will be developed by the landowner and NRCS, in consultation with FWS. (b) The WRPO shall: (1) Include an aerial photo displaying the land offered for enrollment; (2) Specify the manner in which the eligible land shall be restored, operated, and maintained to accomplish the goal of the program, including, but not limited to: (i) measures to control noxious weeds and insect pests in order to comply with applicable Federal, or State noxious weed and pest control laws; and (ii) measures to control other specified species of weeds, insects or pests; (3) Specify compatible land uses for personal enjoyment for which the landowner may be compensated. These compatible land uses shall be reserved to the landowner in the easement. Such uses may include, among others: (1) recreational use, hunting and fishing; (ii) manage timber production including harvesting; and (iii) managed haying or grazing consistent with the goals of the program; (4) Set out cost estimates of the practices required by the WRPO, the offer for the easement, and other reimbursement costs; (5) Identify access routes to be maintained for wetland restoration activities and future management and easement monitoring in connection with the land to be enrolled; (6) Make provisions deemed necessary for maintaining public drainage systems if present on lands subject to the WRPO; (7) Contain scheduled implementation dates for restoration practices; (8) Contain other provisions or limitations as NRCS, in consultation with the FWS, determines to be necessary. (c) NRCS in consultation with FWS will collect from State or Federal agencies whatever additional information is deemed necessary for the development of the WRPO with the landowner. (d) The WRPO must be signed by NRCS, FWS, Conservation District (CD), and the landowner(s). However, if agreement between NRCS and FWS, or CD at the local level is not reached within 20 calendar days, the WRPO shall be developed by the State… | ||||||
| 7:7:6.1.3.3.10.0.1.14 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.14 Easement modifications. | NRCS | After the easement has been perfected, no change will be made in the easement without a written request by the participant and the written consent of the Chief. Approval may be granted to achieve the goals of EWRP or facilitate the practical administration and management of the easement area or the program and the approval will not adversely affect the functions and values for which the easement was established. A modified easement shall be perfected in accordance with State law and NRCS superior interest shall be reserved by the landowner in accordance with §§ 623.7 and 623.11(a)(3). | ||||||
| 7:7:6.1.3.3.10.0.1.15 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.15 Transfer of land. | NRCS | (a) If a new owner purchases or obtains the right and interest in, or right to occupancy of, the land subject to a EWRP easement, such new owner shall be subject to the terms and conditions of the easement. The participant who is the signatory to the easement shall be entitled to receive all remaining payments, if any, for the purchase of the easement. Eligible cost-share payments shall be made to the participants. with respect to costs actually incurred. (b) Upon the transfer of the property subject to an EWRP easement, any remaining cost-share payments shall be paid to the new owner or purchaser only if the new owner or purchaser becomes a party to the WRPO within 60 days of the perfection of the deed transferring title to the new owner. Such payments shall be paid in the manner agreed to by the participant and the buyer. The new owner or purchaser shall be responsible for assuring completion of all measures and practices required by the contract and the WRPO. (c) Any transfer of the property prior to the perfection of the easement shall void any NRCS offer or WRPO unless the new owner agrees to accept the offer within 60 days of the perfection of the deed transferring the land to the new owner. | ||||||
| 7:7:6.1.3.3.10.0.1.16 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.16 Monitoring and enforcement of easement terms and conditions. | NRCS | (a) NRCS or its representative shall be permitted to inspect each easement area at any and all times determined necessary by NRCS to ensure that: (1) Structural and vegetative restoration work are properly maintained; (2) The wetlands and adjacent upland habitat of the easement area is being managed as required in the WRPO and the terms of the easement; and (3) Uses of the area are consistent with the terms and conditions of the easement and the WRPO. (b) If an owner or other interested party is unwilling to voluntarily correct, in a timely manner, deficiencies in compliance with the terms of the WRPO, the EWRP easement, or any related agreements, NRCS may at the expense of any person who is subject to the EWRP easement correct such deficiency. Such NRCS action shall be in addition to other remedies available to NRCS. (c) Monitoring and enforcement responsibilities may be delegated by NRCS at any time to other Federal or State agencies. Landowners may transfer management responsibilities only to Federal, State, or local agencies or private organizations that have been approved by NRCS in advance as having the appropriate authority, expertise, and resources necessary to carry out such delegated responsibilities. | ||||||
| 7:7:6.1.3.3.10.0.1.17 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.17 Violations and remedies. | NRCS | (a) If a violation of the terms and conditions of the contract, the WRPO, or the recorded EWRP easement occurs, the easement shall remain in force and NRCS may: (1) Require the owner to fully restore the easement area to fulfill the terms and conditions of the easement and WRPO; and (2) Require the owner, who received payments from NRCS for any purpose under this part, to refund all or part of such payments received together with interest, as determined appropriate by NRCS. (b) If an owner fails to carry out the terms and conditions of an easement, appropriate legal action may be initiated. The owner of the property shall reimburse NRCS for all costs incurred including, but not limited to, legal fees. | ||||||
| 7:7:6.1.3.3.10.0.1.18 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.18 Access to land. | NRCS | In order to determine eligibility and compliance with respect to this part, representatives of the Department, or designee thereof, shall have the right of access to: (a) Land which is the subject of an application made in accordance with this part, (b) Land which is subject to an easement made in accordance with this part, and (c) Records of the participant showing status of all ownership interest in lands subject to this part. | ||||||
| 7:7:6.1.3.3.10.0.1.19 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.19 Assignments. | NRCS | Any participant entitled to any cash payment under this program may assign the right to receive such cash payments, in whole or in part. | ||||||
| 7:7:6.1.3.3.10.0.1.2 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.2 Definitions. | NRCS | The following definitions shall be applicable for the purposes of this part: (a) Agricultural commodity —means any crop planted and produced by annual tilling of the soil, or on an annual basis by one trip planters, or alfalfa and other multiyear grasses and legumes in rotation as approved by the Secretary. For purposes of determining crop history, as relevant to eligibility to enroll land in the program, land shall be “considered planted to an agricultural commodity” during a crop year if, as determined by ASCS, as action of the Secretary prevented land from being planted to the commodity during the crop year. (b) Applicant —means a person who submits to NRCS an application to participate in the EWRP. (c) Commodity Credit Corporation —a wholly owned government corporation within the U.S. Department of Agriculture. (d) Conservation District (CD)—means a subdivision of a State or local government organized pursuant to applicable State law to promote soil and water conservation practices. (e) Conservation Reserve Program —means the program under which long-term payments and cost-share assistance is provided to individuals to establish permanent vegetative cover on cropland that is highly erodible or environmentally sensitive. (f) Prior 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) prior to December 23, 1985, for the purpose, or that has the effect, of making the production of agricultural commodities possible if such production would not have been possible but for such action. (g) Cost-share payment —means the payment made by NRCS to assist program participants in establishing the practices required in a WRPO. (h) Chief —means the Chief of the Natural Resources Conservation Service, or the Chief's designee. (i) Easement —means the real property interest acquired by NRCS under this part for wetland restoration and maintenance and which… | ||||||
| 7:7:6.1.3.3.10.0.1.20 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.20 Appeals. | NRCS | [60 FR 67316, Dec. 29, 1995] | A participant in the EWRP may obtain a review of any administrative determination concerning land eligibility, development of a WRPO, or any adverse determination under this part in accordance with the administrative appeal regulations provided in part 614 of this title. | |||||
| 7:7:6.1.3.3.10.0.1.21 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.21 Scheme and device. | NRCS | (a) If it is determined by NRCS that a landowner has employed a scheme or device to defeat the purposes of this part, any part of any program payment otherwise due or paid such landowner during the applicable period may be withheld or be required to be refunded with interest thereon, as determined appropriate by NRCS, and the contract with the landowner may be terminated. In such a case, NRCS may also continue to hold the easement interest acquired under this part. (b) A scheme or device includes, but is not limited to, coercion, fraud, misrepresentation, depriving any other person of payments for cost-share practices or easements for the purpose of obtaining a payment to which a person would otherwise not be entitled. (c) An owner of land subject to this part who succeeds to the responsibilities under this part shall report in writing to NRCS any interest of any kind in the land subject to this part that is retained by a previous participant. Such interest includes a present, future or conditional interest, reversionary interest or any option, future or present, with respect to such land and any interest of any lender in such land where the lender has, will, or can obtain, a right of occupancy to such land or an interest in the equity in such land other than an interest in the appreciation in the value of such land occurring after the loan was made. A failure of full disclosure will be considered a scheme or device under this section. | ||||||
| 7:7:6.1.3.3.10.0.1.22 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.22 Filing of false claims. | NRCS | If it is determined by NRCS that any participant has knowingly supplied false information or has knowingly filed a false claim, such participant shall be ineligible for any payment under this part. False information or false claims include claims for payment for practices which do not meet the specifications of the applicable WRPO. Any amounts paid under these circumstances shall be refunded, together with interest as determined by NRCS, and any amounts otherwise due such participant shall be withheld. | ||||||
| 7:7:6.1.3.3.10.0.1.3 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.3 Eligible person. | NRCS | To be eligible to participate in the EWRP, a person must be the owner of eligible land for which enrollment is sought and must have been the owner of such land for at least the preceding 12 months prior to the time the enrollment offer is declared by NRCS, as provided in this part. The person shall provide to NRCS adequate proof of ownership of the land. NRCS may waive the 12 month ownership requirement if: (a) The land was acquired by will or succession as a result of the death of the previous owner; or (b) Adequate assurances have been presented that the new owner of such land did not acquire such land for the purpose of placing it in the EWRP. | ||||||
| 7:7:6.1.3.3.10.0.1.4 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.4 Eligible land. | NRCS | (a) Except as otherwise provided in this section, land is eligible for enrollment in the EWRP only if NRCS determines that the land: (1) Was inundated by the Midwest floods of 1993; (2) If restored to productive condition, would have a fair market value that is less than the estimated costs of restoring the land to productive condition and repairing related floodwater control systems; (3) Is likely to have its wetland value restored with minimal costs; and (4) Is wetland farmed under natural conditions, a farmed wetland or prior converted wetland, or substantially altered lands which are cropland; or (5) Is wetland that has been restored on the land under a CRP contract, or under a Federal or State wetland restoration program with an easement for a period of less than 30 years. (b) To be eligible for enrollment in the EWRP, land must also: (1) Be determined by ASCS to have been annually planted or considered planted to an agricultural commodity in at least 1 of the 5 previous crop years; or (2) Be land under a CRP contract, in which case, the land need only to have been planted to an agricultural commodity during 2 of the 1981 through 1985 crop years. (c) Other lands may be considered eligible if the inclusion of such lands in the EWRP easement would significantly add to the functions and values of the wetlands to be restored under this part, as determined by NRCS. (d) The criteria and procedures contained in 7 CFR part 12 will be used to identify wetlands, converted wetlands, and farmed wetlands. | ||||||
| 7:7:6.1.3.3.10.0.1.5 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.5 Ineligible land. | NRCS | Notwithstanding any other provisions of this part, the following land is not eligible for enrollment in the EWRP: (a) Land that contains either timber stands or trees established in connection with a CRP contract; (b) Lands owned or acquired by an agency of the Federal Government; (c) Land already subject to a deed restriction prohibiting the production of agricultural commodities or the alternation of existing wetland hydrologic conditions; (d) Land located between the pre-flood mainstem levees and the river; or (e) Land that was restored to wetland conditions, as required under Part 12 of this title, to mitigate the conversion of wetland to cropland use. | ||||||
| 7:7:6.1.3.3.10.0.1.6 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.6 Transfer of lands from the CRP to the EWRP. | NRCS | Land that is subject to an existing CRP contract administered under 7 CFR parts 704 and 1410 may be transferred into the EWRP only if: (a) The land and landowner(s) meet the requirements of this part; and (b) The application for transfer into the EWRP is approved by Commodity Credit Corporation (CCC), if found to be in the interest of the program. If such transfer is requested by the owner and approved by CCC, the CRP contract for the property will be terminated or otherwise modified subject to such terms and conditions as are mutually agreed by the landowner, CCC, and NRCS. | ||||||
| 7:7:6.1.3.3.10.0.1.7 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.7 Terms of the easement. | NRCS | Landowners will grant to NRCS an easement which shall run with the land and be in favor of NRCS and its assigns or delegates. The easement shall require the land to be monitored as specified by the WRPO to promote the purposes of this part, including but not limited to maintenance of the restored wetland for entire length of the easement. Such easement shall: (a) be a permanent reserve interest easement; (b) require that the maintenance of the land be in accordance with the terms of the easement and with the terms of the WRPO and shall be the responsibility of the owners of the property and their successors of any kind, including, but not limited to, the owners' heirs and assigns; (c) grant to NRCS a right of access in favor of NRCS and its delegates, assigns and successors of any kind, to the portion of the property which is subject to the provisions of the easement. Maintenance of such access shall be the responsibility of the owner and their successors of any kind; (d) reserve to NRCS the right to permit such compatible uses of the easement area as may be identified in the WRPO; (e) reserve to the landowner those compatible uses identified in the WRPO that are permitted to be pursued by the landowner; (f) be signed by each person with an interest of any kind in the land covered by the easement; (g) permanently prohibit use of the easement area for cropland, except to harvest an agricultural commodity planted before the easement is perfected; and (h) require permanent maintenance of the wetland conditions, except in the case of natural disaster. | ||||||
| 7:7:6.1.3.3.10.0.1.8 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.8 Easement value. | NRCS | NRCS offers for easements will be based on the fair market value, as determined by the NRCS State Conservationist, of the land covered by the easements. Fair market value will be based on post-flood conditions as if reclaimed. Land easement values will be determined by the State Conservationist in consultation with a technical committee. A technical committee shall included representatives of: ASCS, Extension Service, and FWS. Additionally, the State Conservationist may collect information from other sources as he deems necessary. Coordination between States will be provided by the Chief, NRCS. | ||||||
| 7:7:6.1.3.3.10.0.1.9 | 7 | Agriculture | VI | C | 623 | PART 623—EMERGENCY WETLANDS RESERVE PROGRAM | § 623.9 Easement priority. | NRCS | The State Conservationist, in consultation with the FWS and with input from a technical committee and other interested Federal agencies, will establish a ranking process to establish the priority of parcels offered into the EWRP. This process will rank the floodway enhancement and environmental benefits per dollar of government expenditure on restoration and easement purchase. The factors for determining the priority for selection will consider the following: (a) Protection and enhancement of habitat for migratory birds and wildlife, including the contribution the restoration may make to the recovery of threatened and endangered species, (b) Floodway expansion, (c) Proximity to other protected wetlands, (d) Level of hydrology restored, (e) Wetland function or values, (f) Likelihood of successful restoration of wetland values, (g) Cost of restoration and easement purchase, and (h) Other factors as determined appropriate by NRCS. | ||||||
| 7:7:6.1.3.3.11.0.1.1 | 7 | Agriculture | VI | C | 624 | PART 624—EMERGENCY WATERSHED PROTECTION | § 624.1 Purpose. | NRCS | The Natural Resources Conservation Service (NRCS) and United States Forest Service (FS) are responsible for administering the Emergency Watershed Protection (EWP) Program. This part sets forth the requirements and procedures for Federal assistance, administered by NRCS, under Section 216, Public Law 81-516, 33 U.S.C. 701b-1; and Section 403 of the Agricultural Credit Act of 1978, Public Law 95-334, as amended by Section 382, of the Federal Agriculture Improvement and Reform Act of 1996, Public Law 104-127, 16 U.S.C. 2203. The Secretary of Agriculture has delegated the administration of the EWP Program to the Chief of NRCS on state, tribal, and private lands, and Chief of FS on National Forest Systems lands, including any other lands that are administered under a formal agreement with the FS. The FS administers the EWP Program in accordance with the Forest Service Manuals 1950 and 3540, and the Forest Service Handbook 1909.15 | ||||||
| 7:7:6.1.3.3.11.0.1.10 | 7 | Agriculture | VI | C | 624 | PART 624—EMERGENCY WATERSHED PROTECTION | § 624.10 Floodplain easements. | NRCS | [70 FR 16926, Apr. 4, 2005, as amended at 80 FR 19009, Apr. 9, 2015] | (a) General. NRCS may purchase floodplain easements as an emergency measure. NRCS will only purchase easements from landowners on a voluntary basis. (b) Floodplain easements. (1) Floodplain easements established under this part will be: (i) Held by the United States, through the Secretary of Agriculture; (ii) Administered by NRCS or its designee; and (iii) Perpetual in duration; (2) Eligible land. NRCS may determine land is eligible under this section if: (i) The floodplain lands were damaged by flooding at least once within the previous calendar year or have been subject to flood damage at least twice within the previous 10 years; or (ii) Other lands within the floodplain would contribute to the restoration of the flood storage and flow, erosion control, or that would improve the practical management of the easement; or (iii) Lands would be inundated or adversely impacted as a result of a dam breach. (3) Ineligible land. NRCS may determine that land is ineligible under this section if: (i) Implementation of restoration practices would be futile due to “on-site” or “off-site” conditions; (ii) The land is subject to an existing easement or deed restriction that provides sufficient protection or restoration, as determined by the Chief of NRCS, of the floodplain's functions and values; or (iii) The purchase of an easement would not meet the purposes of this part. (4) Compensation for easements. NRCS will determine easement compensation in accordance with applicable regulation and other law. (5) NRCS will not acquire any easement unless the landowner accepts the amount of the easement payment that is offered by NRCS. NRCS reserves the right not to purchase an easement if the easement compensation for a particular easement would be too expensive, as determined by NRCS. (6) NRCS may provide up to 100 percent of the restoration and enhancement costs of the easement. NRCS may enter into an agreement with the landowner or another third party to ensure that identified practices are implemented. NRC… | |||||
| 7:7:6.1.3.3.11.0.1.11 | 7 | Agriculture | VI | C | 624 | PART 624—EMERGENCY WATERSHED PROTECTION | § 624.11 Waivers. | NRCS | To the extent allowed by law, the NRCS Deputy Chief for Programs may waive any provision of these regulations when the agency makes a written determination that such waiver is in the best interest of the Federal government. | ||||||
| 7:7:6.1.3.3.11.0.1.2 | 7 | Agriculture | VI | C | 624 | PART 624—EMERGENCY WATERSHED PROTECTION | § 624.2 Objective. | NRCS | The objective of the EWP Program is to assist sponsors, landowners, and operators in implementing emergency recovery measures for runoff retardation and erosion prevention to relieve imminent hazards to life and property created by a natural disaster that causes a sudden impairment of a watershed. | ||||||
| 7:7:6.1.3.3.11.0.1.3 | 7 | Agriculture | VI | C | 624 | PART 624—EMERGENCY WATERSHED PROTECTION | § 624.3 Scope. | NRCS | EWP Program technical and financial assistance may be made available to a qualified sponsor, or landowners when a floodplain easement is the selected alternative by the Secretary of Agriculture, upon a qualified sponsor or landowner's request when a Federal emergency is declared by the President or when a local emergency is declared by the NRCS State Conservationist. The EWP Program is designed for emergency recovery work, including the purchase of floodplain easements. Emergency watershed protection is authorized in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. | ||||||
| 7:7:6.1.3.3.11.0.1.4 | 7 | Agriculture | VI | C | 624 | PART 624—EMERGENCY WATERSHED PROTECTION | § 624.4 Definitions. | NRCS | (a) Defensibility means the extent to which an action is: (1) More beneficial than adverse in the extent and intensity of its environmental and economic effects; (2) In compliance with Federal, State, and local laws; (3) Acceptable to affected individuals and communities; (4) Effective in restoring or protecting the natural resources; (5) Complete with all necessary components included; and (6) Efficient in achieving the desired outcome. (b) Exigency means those situations that demand immediate action to avoid potential loss of life or property, including situations where a second event may occur shortly thereafter that could compound the impairment, cause new damages or the potential loss of life if action to remedy the situation is not taken immediately. (c) Floodplain easement means a reserved interest easement, which is an interest in land, defined and delineated in a deed whereby the landowner conveys all rights and interest in the property to the grantee, but the landowner retains those rights, title, and interest in the property which are specifically reserved to the landowner in the easement deed. (d) Imminent threat means a substantial natural occurrence that could cause significant damage to property or threaten human life in the near future. (e)(1) Limited resource area is defined as a county where: (i) Housing values are less than 75 percent of the State housing value average; and (ii) Per capita income is 75 percent or less than the National per capita income; and (iii) Unemployment is at least twice the U.S. average over the past 3 years based upon the annual unemployment figures. (2) NRCS will use the most recent National census information available when determining paragraphs (e)(1)(i) and (ii) of this section. (f) Natural occurrence includes, but is not limited to, floods, fires, windstorms, ice storms, hurricanes, typhoons, tornadoes, earthquakes, volcanic actions, slides, and drought. (g) Project sponsor means a State government or a State agency or a legal subdiv… | ||||||
| 7:7:6.1.3.3.11.0.1.5 | 7 | Agriculture | VI | C | 624 | PART 624—EMERGENCY WATERSHED PROTECTION | § 624.5 Coordination. | NRCS | (a) If the President declares an area to be a major disaster area, NRCS will provide assistance which will be coordinated with the Federal Emergency Management Agency (FEMA) or its designee. FEMA is the lead federal agency for Presidentially-declared natural disasters. (b) When an NRCS State Conservationist determines that a watershed impairment exists, but the President does not declare an area to be a major disaster area, FEMA does not coordinate assistance. In this situation, NRCS will assume the lead, provide assistance, and coordinate work with the appropriate State office of emergency preparedness and other Federal, tribal, or local agencies involved with emergency activities, as appropriate. (c) In the case where the watershed impairment exists solely on FS System lands, the FS will determine the existence of the impairment, assume the lead, provide assistance and coordinate work with the appropriate State office of emergency preparedness and other Federal, tribal, or local agencies involved with emergency activities, as appropriate. | ||||||
| 7:7:6.1.3.3.11.0.1.6 | 7 | Agriculture | VI | C | 624 | PART 624—EMERGENCY WATERSHED PROTECTION | § 624.6 Program administration. | NRCS | [70 FR 16926, Apr. 4, 2005, as amended at 76 FR 19684, Apr. 8, 2011] | (a) Sponsors. (1) When the State Conservationist declares that a watershed impairment exists, NRCS may, upon request, make assistance available to a sponsor which must be a State or political subdivision thereof, qualified Indian tribe or tribal organization, or unit of local government. Private entities or individuals may receive assistance only through the sponsorship of a governmental entity. (2) Sponsors must: (i) Contribute their share of the project costs, as determined by NRCS, by providing funds or certain services necessary to undertake the activity. Contributions that may be applied towards the sponsor's applicable cost-share of construction costs include: (A) Cash; (B) In-kind services such as labor, equipment, design, surveys, contract administration and construction inspection, and other services as determined by the State Conservationist; or (C) A combination of cash and in-kind services; (ii) Obtain any necessary real property rights, water rights, and regulatory permits; (iii) Agree to provide for any required operation and maintenance of the completed emergency measures; and (iv) Comply with applicable registration and reporting requirements of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170. (b) Eligibility. NRCS will provide assistance based upon the NRCS State Conservationist's determination that the current condition of the land or watershed impairment poses a threat to health, life, or property. This assistance includes EWP practices associated with the removal of public health and safety threats, and restoration of the natural environment after disasters, including acquisition of floodplain easements. (1) Priority EWP assistance is available to alleviate exigency situations. NRCS may approve assistance for temporary correction practices to relieve an exigency situation until a more acceptable solution can be designed and implemented. (2) Limitations. (i) In cases where the same type of natural event o… | |||||
| 7:7:6.1.3.3.11.0.1.7 | 7 | Agriculture | VI | C | 624 | PART 624—EMERGENCY WATERSHED PROTECTION | § 624.7 Cost-sharing. | NRCS | (a) Except as provided in paragraph (b) of this section, the Federal contribution toward the implementation of emergency measures may not exceed 75 percent of the construction cost of such emergency measures, including work done to offset or mitigate adverse impacts as a result of the emergency measures. (b) If NRCS determines that an area qualifies as a limited resource area, the Federal contribution toward the implementation of emergency measures may not exceed 90 percent of the construction cost of such emergency measures. | ||||||
| 7:7:6.1.3.3.11.0.1.8 | 7 | Agriculture | VI | C | 624 | PART 624—EMERGENCY WATERSHED PROTECTION | § 624.8 Assistance. | NRCS | (a) Sponsors must submit a formal request to the State Conservationist for assistance within 60 days of the natural disaster occurrence, or 60 days from the date when access to the sites becomes available. Requests must include a statement that the sponsors understand their responsibilities and are willing to pay its cost-shared percentage as well as information pertaining to the natural disaster, including the nature, location, and scope of the problems and the assistance needed. (b) On receipt of a formal request for EWP assistance, the State Conservationist or designee shall immediately investigate the emergency situation to determine whether EWP is applicable and to prepare an initial cost estimation for submission to the NRCS Chief or designee. The cost estimation will be submitted no later than 60 days from receipt of the formal request from the sponsor. The State Conservationist will take into account the funding priorities identified in paragraph (c) (3) of this section. The State Conservationist will forward the damage survey report, which provides the information pertaining to proposed EWP practice(s) and indicates the amount of funds necessary to undertake the Federal portion, to the NRCS Chief or designee. This information will be submitted no later that 60 days from receipt of the formal request from the sponsor, or no later than 60 days from the date funding is made available to the State Conservationist, whichever is later. NRCS may not commit funds until notified by the Chief, or designee, of the availability of funds. (c) Before the release of financial assistance, NRCS will enter into a Cooperative Agreement with a sponsor that specifies the responsibilities of the sponsor under this part, including any required operation and maintenance responsibilities. NRCS will not provide funding for activities undertaken by a sponsor prior to the signing of the agreement between NRCS and the sponsor. (1) NRCS will only provide funding for work that is necessary to reduce applicable threats. (2) Efforts… | ||||||
| 7:7:6.1.3.3.11.0.1.9 | 7 | Agriculture | VI | C | 624 | PART 624—EMERGENCY WATERSHED PROTECTION | § 624.9 Time limits. | NRCS | Funds must be obligated by the State Conservationist and construction completed within 220 calendar days after the date funds are committed to the State Conservationist, except for exigency situations in which case the construction must be completed within 10 days after the date the funds are committed. | ||||||
| 7:7:6.1.3.3.12.0.1.1 | 7 | Agriculture | VI | C | 625 | PART 625—HEALTHY FORESTS RESERVE PROGRAM | § 625.1 Purpose and scope. | NRCS | [75 FR 6546, Feb. 10, 2010, as amended at 79 FR 44640, Aug. 1, 2014; 84 FR 19702, May 6, 2019] | (a) The purpose of the Healthy Forests Reserve Program (HFRP) is to assist landowners, on a voluntary basis, in restoring, enhancing, and protecting forestland resources on private lands through easements, 30-year contracts, and 10-year cost-share agreements. (b) The objectives of HFRP are to: (1) Promote the recovery of endangered and threatened species under the Endangered Species Act of 1973 (ESA); (2) Improve plant and animal biodiversity; and (3) Conserve forest land that provides habitat for species listed under section 4 of ESA, a candidate for such listing, State-listed species or species of greatest conservation need as identified in a State wildlife action plan, or species identified by the Chief for special consideration for funding; and (4) Enhance carbon sequestration. (c) The regulations in this part set forth the policies, procedures, and requirements for the HFRP as administered by the Natural Resources Conservation Service (NRCS) for program implementation and processing applications for enrollment. (d) The Chief may implement HFRP in any of the 50 States, District of Columbia, Commonwealth of Puerto Rico, Guam, Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. | |||||
| 7:7:6.1.3.3.12.0.1.10 | 7 | Agriculture | VI | C | 625 | PART 625—HEALTHY FORESTS RESERVE PROGRAM | § 625.10 Cost-share payments. | NRCS | [75 FR 6546, Feb. 10, 2010, as amended at 84 FR 19703, May 6, 2019] | (a) NRCS may share the cost with landowners of restoring land enrolled in HFRP as provided in the HFRP restoration plan. The HFRP restoration plan may include periodic manipulation to maximize fish and wildlife habitat and preserve forest ecosystem functions and values, and measures that are needed to provide the Landowner Protections under section 7(b)(4) or section 10(a)(1) of the ESA, including the cost of any permit. (b) Landowner Protections may be made available to landowners enrolled in the HFRP who agree, for a specified period, to restore, protect, enhance, maintain, and manage the habitat conditions on their land in a manner that is reasonably expected to result in a net conservation benefit that contributes to the recovery of listed species under the ESA, candidate, or other species covered by this regulation. These protections operate with lands enrolled in the HFRP and are valid for as long as the landowner is in compliance with the terms and conditions of such assurances, any associated permit, the easement, contract, or the restoration agreement. (c) If the Landowner Protections, or any associated permit, require the adoption of a conservation practice or measure in addition to the conservation practices and measures identified in the applicable HFRP restoration plan, NRCS and the landowner will incorporate the conservation practice or measure into the HFRP restoration plan as an item eligible for cost-share assistance. (d) Failure to perform planned management activities can result in violation of the easement, 30-year contract, 10-year cost-share agreement, or the agreement under which Landowner Protections have been provided. NRCS will work with landowners to plan appropriate management activities. (e) The amount and terms and conditions of the cost-share assistance will be subject to the following restrictions on the costs of establishing or installing NRCS approved conservation practices or implementing measures specified in the HFRP restoration plan: (1) On enrolled land subject to a per… | |||||
| 7:7:6.1.3.3.12.0.1.11 | 7 | Agriculture | VI | C | 625 | PART 625—HEALTHY FORESTS RESERVE PROGRAM | § 625.11 Easement participation requirements. | NRCS | [75 FR 6546, Feb. 10, 2010, as amended at 84 FR 19703, May 6, 2019] | (a) To enroll land in HFRP through a permanent easement, an easement for the maximum duration allowed under State law, or 30-year enrollment option, a landowner will grant an easement to the United States. An Indian Tribe may enroll in HFRP through a 10-year cost-share agreement as specified in § 625.9, a 30-year contract as specified in § 625.12, or a permanent easement as specified in this part. The easement deed will require that the easement area be maintained in accordance with HFRP goals and objectives for the duration of the term of the easement, including the restoration, protection, enhancement, maintenance, and management of habitat and forest ecosystem functions and values. (b) For the duration of its term, the easement will require, at a minimum, that the landowner and the landowner's heirs, successors, and assignees, will cooperate in the restoration, protection, enhancement, maintenance, and management of the land in accordance with the easement and with the terms of the HFRP restoration plan. In addition, the easement will grant to the United States, through NRCS: (1) A right of access to the easement area by NRCS or its representative; (2) The right to determine and permit compatible uses on the easement area and specify the amount, method, timing, intensity, and duration of the compatible use, if such use is consistent with the long-term protection and enhancement of the purposes for which the easement was established; (3) The rights, title, and interest to the easement area as specified in the conservation easement deed; and (4) The right to perform restoration, protection, enhancement, maintenance, and management activities on the easement area. (c) The landowner will convey title to the easement which is acceptable to NRCS. The landowner will warrant that the easement granted to the United States is superior to the rights of all others, except for exceptions to the title which are deemed acceptable by NRCS. (d) The landowner will: (1) Comply with the terms of the easement; (2) Comply … |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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