cfr_sections
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21 rows where part_number = 1465 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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| 7:7:10.1.2.2.29.1.330.1 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | A | Subpart A—General Provisions | § 1465.1 Purposes and applicability. | CCC | Through the Agricultural Management Assistance program (AMA), the Natural Resources Conservation Service (NRCS) provides financial assistance funds annually to producers in 16 statutorily designated States to: Construct or improve water management structures or irrigation structures; plant trees to form windbreaks or to improve water quality; and mitigate risk through production diversification or resource conservation practices including soil erosion control, integrated pest management, or the transition to organic farming. AMA is applicable in Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Utah, Vermont, West Virginia, and Wyoming. | ||||
| 7:7:10.1.2.2.29.1.330.2 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | A | Subpart A—General Provisions | § 1465.2 Administration. | CCC | (a) Administration and implementation of AMA's conservation provisions for the Commodity Credit Corporation (CCC) is assigned to NRCS, using the funds, facilities, and authorities of the CCC. Accordingly, where NRCS is mentioned in this part, it also refers to the CCC's funds, facilities, and authorities, where applicable. (b) NRCS will: (1) Provide overall management and implementation leadership for AMA; (2) Establish policies, procedures, priorities, and guidance for implementation; (3) Establish payment limits; (4) Determine eligible practices; (5) Develop and approve AMA plans of operation and contracts with selected participants; (6) Provide technical leadership for implementation, quality assurance, and evaluation of performance; (7) Make AMA allocation and contract funding decisions; and (8) Issue payments for completed conservation practices. (c) No delegation in this part to lower organizational levels will preclude the Chief of NRCS from determining any issues arising under this part or from reversing or modifying any determination made under this part. | ||||
| 7:7:10.1.2.2.29.1.330.3 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | A | Subpart A—General Provisions | § 1465.3 Definitions. | CCC | The following definitions apply to this part and all documents used in accordance with this part, unless specified otherwise: Agricultural land means cropland, grassland, rangeland, pasture, and other agricultural land on which agricultural or forest-related products or livestock are produced. Other agricultural lands may include cropped woodland, marshes, incidental areas included in the agricultural operation, and other types of agricultural land used for production of livestock. Agricultural operation means a parcel or parcels of land whether contiguous or noncontiguous, which the producer is listed as the operator or owner/operator in the Farm Service Agency (FSA) record system, which is under the effective control of the producer at the time the producer applies for a contract, and which is operated by the producer with equipment, labor, management and production, forestry, or cultivation practices that are substantially separate from other operations. AMA plan of operations (APO) means the document that identifies the location and timing of conservation practices that the participant agrees to implement on eligible land in order to address the resource concerns and program purposes. The APO is part of the AMA contract. Applicant means a person, legal entity, joint operation, or Indian Tribe that has an interest in an agricultural operation, as defined in 7 CFR part 1400, who has requested in writing to participate in AMA. Beginning farmer or rancher means a person or legal entity who: (1) Has not operated a farm or ranch, or who has operated a farm or ranch for not more than 10 consecutive years. This requirement applies to all members of an entity who will materially and substantially participate in the operation of the farm or ranch. (2) In the case of a contract with an individual, individually, or with the immediate family, material and substantial participation requires that the individual provide substantial day-to-day labor and management of the farm or ranch consistent with the practices… | ||||
| 7:7:10.1.2.2.29.1.330.4 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | A | Subpart A—General Provisions | § 1465.4 National priorities. | CCC | (a) The Chief, with advice from State Conservationists, will identify national priorities to achieve the conservation objectives of AMA. (b) National priorities will be used to guide annual funding allocations to States. (c) State Conservationists will use national priorities in conjunction with State and local priorities to prioritize and select AMA applications for funding. (d) NRCS will undertake periodic reviews of the national priorities and the effects of program delivery at the State and local levels to adapt the program to address emerging resource issues. | ||||
| 7:7:10.1.2.2.29.1.330.5 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | A | Subpart A—General Provisions | § 1465.5 Program requirements. | CCC | [74 FR 64595, Dec. 8, 2009, as amended at 76 FR 19684, Apr. 8, 2011; 83 FR 23209, May 18, 2018] | (a) Participation in AMA is voluntary. The participant, in cooperation with the local conservation district, applies for practice installation for the agricultural operation. NRCS provides payments through contracts to apply needed conservation practices within a time schedule specified in the APO. (b) The Chief determines the funds available for financial assistance according to the purpose and projected cost for which the financial assistance is provided in a fiscal year. The Chief allocates the funds available to carry out AMA in consideration of national priorities established under § 1465.4. (c) To be eligible to participate in AMA, an applicant must: (1) Own or operate an agricultural operation within an applicable State, as listed in 1465.1; (2) Provide NRCS with written evidence of ownership or legal control for the life of the proposed contract, including the O&M agreement. An exception may be made by the Chief: (i) In the case of land allotted by the BIA, Tribal land, or other instances in which the Chief determines that there is sufficient assurance of control; or (ii) If the applicant is a tenant of the land involved in agricultural production, the applicant will provide NRCS with the written concurrence of the landowner in order to apply a structural practice(s); (3) Submit an application form NRCS-CPA-1200; (4) Agree to provide all information to NRCS determined to be necessary to assess the merits of a proposed project and to monitor contract compliance; (5) Provide a list of all members of the legal entity and embedded entities along with members' tax identification numbers and percentage interest in the entity. Where applicable, American Indians, Alaska Natives, and Pacific Islanders may use another unique identification number for each individual eligible for payment; (6) With regard to contracts with Indian Tribes or Indians represented by the BIA, payments if a BIA or Tribal official certify in writing that no one individual, directly or indirectly, will receive more than the payment… | |||
| 7:7:10.1.2.2.29.1.330.6 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | A | Subpart A—General Provisions | § 1465.6 AMA plan of operations. | CCC | (a) All conservation practices in the APO must be approved by NRCS and developed and carried out in accordance with the applicable NRCS technical guidance. (b) The participant is responsible for implementing the APO. (c) The APO must include: (1) A description of the participant's specific conservation and environmental objectives to be achieved; (2) To the extent practicable, the quantitative or qualitative goals for achieving the participant's conservation and environmental objectives; (3) A description of one or more conservation practices in the conservation system, including conservation planning, design, or installation activities to be implemented to achieve the conservation and environmental objectives; (4) A description of the schedule for implementing the conservation practices, including timing, sequence, operation, and maintenance; and (5) Information that will enable evaluation of the effectiveness of the plan in achieving the environmental objectives. (d) An APO may be modified in accordance with § 1465.24. | ||||
| 7:7:10.1.2.2.29.1.330.7 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | A | Subpart A—General Provisions | § 1465.7 Conservation practices. | CCC | (a) The State Conservationist will determine the conservation practices eligible for AMA payments. To be considered eligible conservation practices, the practices must meet the purposes of the AMA as set out in § 1465.1. A list of eligible practices will be available to the public. (b) The APO includes the schedule of operations, activities, and payment rates of the practices needed to solve identified natural resource concerns. | ||||
| 7:7:10.1.2.2.29.1.330.8 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | A | Subpart A—General Provisions | § 1465.8 Technical services provided by qualified personnel not affiliated with USDA. | CCC | (a) NRCS may use the services of qualified TSPs in performing its responsibilities for technical assistance. (b) Participants may use technical services from qualified personnel of other Federal, State, local agencies, Indian Tribes, or individuals who are certified as TSPs by NRCS. (c) Technical services provided by qualified personnel not affiliated with USDA may include, but are not limited to: conservation planning; conservation practice survey, layout, design, installation, and certification; and information, education, and training for producers, and related technical services as defined in 7 CFR part 652. (d) NRCS retains approval authority of work done by non-NRCS personnel for the purpose of approving AMA payments. | ||||
| 7:7:10.1.2.2.29.2.330.1 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | B | Subpart B—Contracts | § 1465.20 Applications for participation and selecting applications for contracting. | CCC | (a) Any producer who has eligible land may submit an application for participation in AMA at a USDA service center. Producers who are members of a joint operation will file a single application for the joint operation. (b) NRCS will accept applications throughout the year. The State Conservationist will distribute information on the availability of assistance, national priorities, and the State-specific goals. Information will be provided that explains the process to request assistance. (c) The State Conservationist will develop ranking criteria and a ranking process to select applications, taking into account national, State, Tribal, and local priorities. (d) The State Conservationist, or designated conservationist, using a locally-led process will evaluate, rank, and select applications for contracting based on the State-developed ranking criteria and ranking process. (e) The State Conservationist, or designated conservationist, will work with the applicant to collect the information necessary to evaluate the application using the ranking criteria. | ||||
| 7:7:10.1.2.2.29.2.330.2 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | B | Subpart B—Contracts | § 1465.21 Contract requirements. | CCC | [74 FR 64595, Dec. 8, 2009, as amended at 79 FR 44641, Aug. 1, 2014] | (a) In order for a participant to receive payments, the participant will enter into a contract agreeing to implement one or more eligible conservation practices. Costs for technical services may be included in the contract. (b) An AMA contract will: (1) Encompass all portions of an agricultural operation receiving AMA assistance; (2) Be for a duration of not more than 10 years; (3) Incorporate all provisions required by law or statute, including participant requirements to: (i) Not conduct any practices on the agricultural operation that would tend to defeat the purposes of the contract according to § 1465.25; (ii) Refund any AMA payments received with interest, and forfeit any future payments under AMA, on the violation of a term or condition of the contract, consistent with the provisions of § 1465.25; (iii) Refund all AMA payments received on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees to assume all obligations, including operation and maintenance of the AMA contract's conservation practices, consistent with the provisions of § 1465.24; and (iv) Supply information as required by NRCS to determine compliance with the contract and requirements of AMA. (4) Specify the participant's requirements for operation and maintenance of the applied conservation practices consistent with the provisions of § 1465.22; and (5) Specify any other provision determined necessary or appropriate by NRCS. (c) The participant must apply the practice(s) according to the schedule set out in the APO. | |||
| 7:7:10.1.2.2.29.2.330.3 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | B | Subpart B—Contracts | § 1465.22 Conservation practice operation and maintenance. | CCC | (a) The contract will incorporate the O&M agreement that addresses the operation and maintenance of the conservation practices applied under the contract. (b) NRCS expects the participant to operate and maintain each conservation practice installed under the contract for its intended purpose for the conservation practice lifespan as specified in the O&M agreement. (c) NRCS may periodically inspect the conservation practice(s) during the contract duration to ensure that operation and maintenance requirements are being carried out, and that the conservation practice is fulfilling its intended objectives. (d) Conservation practices installed before the contract execution, but included in the contract to obtain the environmental benefits agreed upon, must be operated and maintained as specified in the contract and O&M agreement. (e) If NRCS finds during the contract that a participant is not operating and maintaining practices in an appropriate manner, NRCS may terminate and request a refund of payments made for that conservation practice under the contract. (f) In the event a conservation practice fails through no fault of the participant, the State Conservationist may issue payments to re-establish the conservation practice, at the rates established in accordance with § 1465.23, provided such payments do not exceed the payment limitation requirements as set forth in § 1465.23. | ||||
| 7:7:10.1.2.2.29.2.330.4 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | B | Subpart B—Contracts | § 1465.23 Payments. | CCC | [74 FR 64595, Dec. 8, 2009, as amended at 90 FR 30560, July 10, 2025] | (a) The Federal share of payments to a participant will be: (1) Up to 75 percent of the estimated incurred cost or 100 percent of the estimated income foregone of an eligible practice, except as provided in (a)(2) of this section. (2) In the case of an eligible person, joint operation, or legal entity who is a beginning farmer or rancher, limited resource farmer or rancher, or nonindustrial private forest landowner who meets the beginning or limited resource qualifications set forth in § 1465.3, the payment rate will be the applicable rate and an additional rate that is not less than 25 percent above the applicable rate, provided that this increase does not exceed 90 percent of the estimated incurred costs or estimated income foregone. (3) In no instance will the total financial contributions for an eligible practice from other sources exceed 100 percent of the estimated incurred cost of the practice. (b) Participants may contribute their portion of the estimated costs of practices through in-kind contributions, including labor and materials, providing the materials contributed meet the NRCS standard and specifications for the practice being installed. (c) Payments for practices applied prior to application or contract approval— (1) Payments will not be made to a participant for a conservation practice that was applied prior to application for the program. (2) Payments will not be made to a participant for a conservation practice that was initiated or implemented prior to contract approval, unless the participant obtained a waiver from the State Conservationist, or designated conservationist, prior to practice implementation. (d) The total amount of payments paid to a person or legal entity under this part may not exceed $50,000 for any fiscal year. (e) For purposes of applying the payment limitations provided for in this section, NRCS will use the provisions in 7 CFR part 1400, Payment Limitation and Payment Eligibility. (f) A participant will not be eligible for payments for conservation practices on … | |||
| 7:7:10.1.2.2.29.2.330.5 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | B | Subpart B—Contracts | § 1465.24 Contract modifications, extensions, and transfers of land. | CCC | (a) The participant and NRCS may modify a contract if both parties agree to the contract modification, the APO is revised in accordance with NRCS requirements, and the designated conservationist approves the modified contract. (b) It is the participant's responsibility to notify NRCS when he or she either anticipates the voluntary or involuntary loss of control of the land. (c) The participant and NRCS may mutually agree to transfer a contract to another party. (1) To receive an AMA payment, the transferee must be determined by NRCS to be eligible to participate in AMA and will assume full responsibility under the contract, including the O&M agreement for those conservation practices already installed and those conservation practices to be installed as a condition of the contract. (2) With respect to any and all payment owed to participants who wish to transfer ownership or control of land subject to a contract, the division of payment will be determined by the original party and the party's successor. In the event of a dispute or claim on the distribution of payments, NRCS may withhold payments without the accrual of interest pending a settlement or adjudication on the rights to the funds. (d) NRCS may require a participant to refund all or a portion of any assistance earned under AMA if the participant sells or loses control of the land under an AMA contract, and the successor in interest is not eligible or refuses to accept future payments to participate in the AMA or refuses to assume responsibility under the contract. (e) The contract participants will be jointly and severally responsible for refunding the payments with applicable interest pursuant to paragraph (d) of this section. | ||||
| 7:7:10.1.2.2.29.2.330.6 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | B | Subpart B—Contracts | § 1465.25 Contract violations and termination. | CCC | (a) If NRCS determines that a participant is in violation of the terms of a contract, O&M agreement, or other documents incorporated into the contract, NRCS will give the participant notice and 60 days, unless otherwise determined by the State Conservationist, to correct the violation and comply with the terms of the contract and attachments thereto. If a participant continues in violation, the State Conservationist may terminate the AMA contract. (b) Notwithstanding the provisions of (a) of this section, a contract termination will be effective immediately upon a determination by the State Conservationist that the participant has submitted false information or filed a false claim, or engaged in any act, scheme, or device for which a finding of ineligibility for payments is permitted under the provisions of § 1465.35, or in a case in which the actions of the party involved are deemed to be sufficiently purposeful or negligent to warrant a termination without delay. (c) If NRCS terminates a contract, the participant will forfeit all rights to future payments under the contract and refund all or part of the payments received, plus interest. Participants violating AMA contracts may be determined ineligible for future NRCS-administered conservation program funding. (1) The State Conservationist may require only a partial refund of the payments received if the State Conservationist determines that a previously installed conservation practice can function independently and is not affected by the violation or the absence of other conservation practices that would have been installed under the contract. (2) If NRCS terminates a contract due to breach of contract, or the participant voluntarily terminates the contract before any contractual payments have been made, the participant will forfeit all rights for further payments under the contract and will pay such liquidated damages as prescribed in the contract. The State Conservationist will have the option to waive the liquidated damages depending upon the circumstanc… | ||||
| 7:7:10.1.2.2.29.3.330.1 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | C | Subpart C—General Administration | § 1465.30 Appeals. | CCC | (a) A participant may obtain administrative review of an adverse decision under AMA in accordance with 7 CFR parts 11 and 614, except as provided in paragraph (b) of this section. (b) The following decisions are not appealable: (1) Payment rates, payment limits; (2) Funding allocations; (3) Eligible conservation practices; and (4) Other matters of general applicability, including: (i) Technical standards and formulas; (ii) Denial of assistance due to lack of funds or authority; or (iii) Science-based formulas and criteria. | ||||
| 7:7:10.1.2.2.29.3.330.2 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | C | Subpart C—General Administration | § 1465.31 Compliance with regulatory measures. | CCC | Participants who carry out conservation practices will be responsible for obtaining the authorities, rights, easements, permits, or other approvals necessary for the implementation, operation, and maintenance of the conservation practices in keeping with applicable laws and regulations. Participants will be responsible for compliance with all laws and for all effects or actions resulting from the participant's performance under the contract. | ||||
| 7:7:10.1.2.2.29.3.330.3 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | C | Subpart C—General Administration | § 1465.32 Access to operating unit. | CCC | Any authorized NRCS representative will have the right to enter an operating unit or tract for the purpose of determining eligibility and for ascertaining the accuracy of any representations related to contracts and performance. Access will include the right to provide technical assistance; determine eligibility; inspect any work undertaken under the contracts, including the APO and O&M agreement; and collect information necessary to evaluate the conservation practice performance as specified in the contracts. The NRCS representative will make an effort to contact the participant prior to exercising this provision. | ||||
| 7:7:10.1.2.2.29.3.330.4 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | C | Subpart C—General Administration | § 1465.33 Equitable relief. | CCC | (a) If a participant relied upon the advice or action of any authorized NRCS representative and did not know, or have reason to know, that the action or advice was improper or erroneous, the participant may be eligible for equitable relief under 7 CFR part 635, section 635.3. The financial or technical liability for any action by a participant that was taken based on the advice of an NRCS certified TSP is the responsibility of the certified TSP and will not be assumed by NRCS when NRCS authorizes payment. (b) If a participant has been found in violation of a provision of the AMA contract or any document incorporated by reference through failure to comply fully with that provision, the participant may be eligible for equitable relief under 7 CFR part 635, section 635.4. | ||||
| 7:7:10.1.2.2.29.3.330.5 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | C | Subpart C—General Administration | § 1465.34 Offsets and assignments. | CCC | (a) Except as provided in paragraph (b) of this section, any payment or portion thereof to any participant will be made without regard to questions of Title under State law and without regard to any claim or lien against the crop, or proceeds thereof, in favor of the owner or any other creditor except agencies of the United States Government. The regulations governing offsets and withholdings found at 7 CFR part 1403 will be applicable to contract payments. (b) AMA participants may assign any payments in accordance with 7 CFR part 1404. | ||||
| 7:7:10.1.2.2.29.3.330.6 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | C | Subpart C—General Administration | § 1465.35 Misrepresentation and scheme or device. | CCC | (a) A participant who is determined to have erroneously represented any fact affecting an AMA determination made in accordance with this part will not be entitled to contract payments and must refund to NRCS all payments plus interest, as determined in accordance with 7 CFR part 1403. (b) A participant will refund to NRCS all payments, plus interest, as determined by NRCS with respect to all NRCS contracts to which they are a party if they are determined to have knowingly: (1) Adopted any scheme or device that tends to defeat the purpose of AMA; (2) Made any fraudulent representation; (3) Adopted any scheme or device for the purpose of depriving any tenant or sharecropper of the payments to which such person would otherwise be entitled under the program; or (4) Misrepresented any fact affecting an AMA determination. (c) Where paragraph (a) or (b) of this section applies, the participant's interest in all contracts will be terminated. In accordance with § 1465.25(c), NRCS may determine the producer ineligible for future funding from any NRCS conservation programs. | ||||
| 7:7:10.1.2.2.29.3.330.7 | 7 | Agriculture | XIV | B | 1465 | PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE | C | Subpart C—General Administration | § 1465.36 Environmental services credits for conservation improvements. | CCC | NRCS recognizes that environmental benefits will be achieved by implementing conservation practices funded through AMA, and that environmental credits may be gained as a result of implementing activities compatible with the purposes of an AMA contract. NRCS asserts no direct or indirect interest on these credits. However, NRCS retains the authority to ensure that operation and maintenance requirements for AMA-funded improvements are met, consistent with § 1465.21 and § 1465.22. Where activities may impact the land under an AMA contract, participants are highly encouraged to request an operation and maintenance compatibility determination prior to entering into any credit agreements. The AMA conservation program contract may be modified in accordance with policies outlined in § 1465.24 provided the modifications meet AMA purposes and are in compliance with this part. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);