cfr_sections
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25 rows where part_number = 1470 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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| 7:7:10.1.2.2.34.1.330.1 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | A | Subpart A—General Provisions | § 1470.1 Applicability. | CCC | (a) This part sets forth the policies, procedures, and requirements for the Conservation Stewardship Program (CSP) as administered by the Natural Resources Conservation Service (NRCS), for enrollment during fiscal year (FY) 2019 and thereafter. Contracts entered into prior to FY 2019 will use the regulations and policies in effect prior to December 20, 2018. (b) The purpose of CSP is to encourage producers to address priority resource concerns and improve and conserve the quality and condition of natural resources in a comprehensive manner by— (1) Undertaking additional conservation activities; and (2) Improving, maintaining, and managing existing conservation activities. (c) CSP is applicable in any of the 50 States, District of Columbia, Commonwealth of Puerto Rico, Guam, Virgin Islands of the United States, American Samoa, and Commonwealth of the Northern Mariana Islands. (d) NRCS provides financial and technical assistance to eligible producers. | ||||
| 7:7:10.1.2.2.34.1.330.2 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | A | Subpart A—General Provisions | § 1470.2 Administration. | CCC | [84 FR 60891, Nov. 12, 2019, as amended at 85 FR 64002, Oct. 9, 2020] | (a) The regulations in this part will be administered under the general supervision and direction of the Chief, NRCS. (b) No delegation in the administration of this part to lower organizational levels will preclude the Chief from making any determinations under this part, redelegating to other organizational levels, or from reversing or modifying any determination made under this part. The Chief may modify or waive a nonstatutory, discretionary provision of this part if the Chief determines the application of that provision to a particular limited situation is inappropriate and inconsistent with the purposes of the program. (c) To achieve the conservation goals of CSP, NRCS will— (1) Make the program available nationwide to eligible applicants on a continuous application basis with one or more ranking periods to determine enrollments. One of the ranking periods will occur in the first quarter of each fiscal year to the extent practicable. (2) Establish a science-based stewardship threshold for each priority resource concern at the level of management required to conserve and improve the quality and condition of a natural resource. To the extent practicable, NRCS will use scientifically developed assessment tools and guides including, but not limited to, soil erosion prediction tools, wildlife habitat assessment tools, rangeland health assessments, and soil health assessments, to establish the stewardship threshold and measure the level of improvement once the participant applies additional conservation activities to meet or exceed a resource concern. (3) To the maximum extent feasible, manage CSP to enhance soil health. (d) To support locally led conservation, NRCS will solicit input from State technical committees, Tribal Conservation Advisory Councils, and local working groups to develop State-level technical, outreach, and program materials, including: (1) Establishment of ranking pools appropriate for the conduct of CSP within the State to ensure program availability and better distribution of the fun… | |||
| 7:7:10.1.2.2.34.1.330.3 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | A | Subpart A—General Provisions | § 1470.3 Definitions. | CCC | [84 FR 60891, Nov. 12, 2019, as amended at 85 FR 64002, Oct. 9, 2020; 86 FR 41702, Aug. 3, 2021] | The following definitions will apply to this part and all documents issued in accordance with this part, unless specified otherwise: Advanced grazing management means the use of a combination of grazing conservation activities, as determined by NRCS, which may include management-intensive rotational grazing, that provide for— (1) Improved soil health and carbon sequestration; (2) Drought resilience; (3) Wildlife habitat; (4) Wildfire mitigation; (5) Control of invasive plants; and (6) Water quality improvement. Agricultural operation means all eligible land, as determined by NRCS, whether contiguous or noncontiguous that is— (1) Under the effective control of a producer at the time of enrollment in the program; and (2) Operated by the producer with equipment, labor, management, and production or cultivation practices that are substantially separate from other agricultural operations. Applicant means a producer who has requested in writing to participate in CSP. Beginning farmer or rancher means a person or legal entity who— (1) Has not operated a farm, ranch, or nonindustrial private forest land (NIPF); or who has operated a farm, ranch, or NIPF for not more than 10 consecutive years. The requirement in this paragraph (1) applies to all members of a legal 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 in the county or State where the farm is located. (3) In the case of a contract with a legal entity or joint operation, all members must materially and substantially participate in the operation of the farm or ranch. Material and substantial participation requires that each of the members provide some amount of the management or labor and management necessary for day-to-day activities, s… | |||
| 7:7:10.1.2.2.34.1.330.4 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | A | Subpart A—General Provisions | § 1470.4 Allocation and management. | CCC | [84 FR 60891, Nov. 12, 2019, as amended at 85 FR 64002, Oct. 9, 2020] | (a) The Chief will allocate funds to States, and may adjust the weighting of the following allocation factors to provide for equitable geographic distribution and meet enrollment goals, based on the consideration of— (1) Each State's proportion of eligible land to the total acreage of eligible land in all States; (2) The extent and magnitude of the conservation needs associated with agricultural production in each State; (3) The degree to which implementation of the program in the State is, or will be, effective in helping producers address those needs; and (4) Other considerations determined by the Chief to achieve equitable geographic distribution of program funds. (b) The Chief will allocate funding to the States to support organic production and transition to organic production based on— (1) The number of certified and transitioning organic operations within the State; and (2) The number of acres of certified and transitioning organic production within the State. (c) Of the funds made available for each of fiscal years 2019 through 2023 to carry out CSP, NRCS will, to the maximum extent practicable, use at least: (1) Five percent to assist beginning farmers or ranchers; and (2) Five percent to assist socially disadvantaged farmers or ranchers. (d) NRCS may adjust State allocations or reallocate funds in any fiscal year if a State cannot use their full allocation. | |||
| 7:7:10.1.2.2.34.1.330.5 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | A | Subpart A—General Provisions | § 1470.5 Outreach activities. | CCC | (a) NRCS will establish program outreach activities at the national, State, and local levels to inform potential applicants who control eligible land that they may be eligible to apply for program assistance. (b) NRCS will specifically conduct outreach to historically underserved producers. (c) NRCS will provide outreach so as not to limit producer participation because of size or type of operation or production system, including specialty crop and organic production. | ||||
| 7:7:10.1.2.2.34.1.330.6 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | A | Subpart A—General Provisions | § 1470.6 Eligibility requirements. | CCC | (a) Eligible applicant. To apply for CSP, a producer must— (1) Be the operator, owner, or other tenant of an agricultural operation in the Farm Service Agency (FSA) farm records management system. Applicants must establish or update records with FSA before NRCS will consider an applicant as eligible; (2) Share in the risk of producing a crop; share in the crop available for marketing from the farm (or would have shared had the crop been produced); and participate in the daily management, administration, and performance of the operation for the land included in the contract; (3) Have effective control of the land unless an exception is made by the Chief in the case of land administered by the Bureau of Indian Affairs, Indian lands, or other instances in which NRCS determines that there is sufficient assurance of control; (4) Be in compliance with the highly erodible land and wetland conservation provisions found at 7 CFR part 12; (5) Be in compliance with adjusted gross income provisions found at 7 CFR part 1400; (6) Supply information, as required by NRCS, to determine eligibility for the program, including but not limited to, information related to eligibility requirements and ranking factors; conservation activity and production system records; information to verify the applicant's status as an historically underserved producer, if applicable; and payment eligibility as established by 7 CFR part 1400; and (7) Provide a list of all members of the legal entity or joint operation, as applicable, and embedded entities along with members' tax identification numbers and percentage interest in the legal entity or joint operation. Where applicable, American Indians, Alaska Natives, and Pacific Islanders may use another unique identification number for each individual eligible for payments. (b) Eligible land. A contract application must include all of the eligible land on an applicant's agricultural operation. A participant may submit an application(s) to enter into an additional contract(s) for newly acquir… | ||||
| 7:7:10.1.2.2.34.1.330.7 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | A | Subpart A—General Provisions | § 1470.7 Conservation activities. | CCC | (a) NRCS will record in the conservation stewardship plan the additional conservation activities the participant agrees to implement under the conservation stewardship contract. (b) NRCS will make available to the public the list of conservation activities an applicant may choose to implement and manage through the CSP. (c) NRCS may make available bundles of conservation activities that when implemented together address resource concerns in a more comprehensive and cost-effective manner. | ||||
| 7:7:10.1.2.2.34.1.330.8 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | A | Subpart A—General Provisions | § 1470.8 Technical and other assistance. | CCC | (a) NRCS may provide technical assistance to an eligible applicant or participant either directly or through a TSP as set forth in 7 CFR part 652. (b) NRCS retains approval authority over certification of work done by non-NRCS personnel for the purpose of approving CSP payments. (c) NRCS will ensure that technical assistance is available and program specifications are appropriate so as not to limit producer participation because of size or type of operation or production system, including specialty crop and organic production. (d) NRCS will assist potential applicants dealing with the requirements of certification under the National Organic Program and CSP requirements concerning how to coordinate and simultaneously meet eligibility standards under each program. (e) NRCS may utilize the services of State foresters and existing technical assistance programs such as the Forest Stewardship Program of the U.S. Forest Service, in coordinating assistance to NIPF owners. | ||||
| 7:7:10.1.2.2.34.2.330.1 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | B | Subpart B—Contracts and Payments | § 1470.20 Application for contracts and selecting offers from applicants. | CCC | (a) Submission of contract applications. Applicants may submit an application for CSP at any time to enroll all of the eligible land included in their agricultural operation. (b) Stewardship threshold requirement. To be eligible to participate in CSP, an applicant must submit to NRCS for approval, a contract offer for the agricultural operation that— (1) Demonstrates that the applicant's conservation activities, at the time of contract offer, meet or exceed the stewardship threshold for at least two priority resource concerns; and (2) Would, at a minimum, meet or exceed the stewardship threshold for at least one additional priority resource concern by the end of the conservation stewardship contract by: (i) Installing and adopting additional conservation activities; and (ii) Improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract application is accepted by NRCS; and (3) Provides a map, aerial photograph, or overlay that— (i) Identifies the applicant's agricultural operation; and (ii) Delineates eligible land with associated acreage amounts. (c) Evaluation of contract applications. NRCS will conduct one or more ranking periods each fiscal year. (1) To the extent practicable, one ranking period will occur in the last quarter of the previous fiscal year or the first quarter of the current fiscal year. (2) In evaluating CSP applications for new enrollment or for renewal, NRCS will rank applications based on the following factors: (i) The natural resource conservation and environmental benefits that result from the conservation treatment on all State identified priority resource concerns at the time of submission of the application; (ii) The degree to which the proposed conservation activities increase natural resource conservation and environmental benefits; and (iii) Other consistent criteria, as determined by NRCS, including criteria the Chief d… | ||||
| 7:7:10.1.2.2.34.2.330.2 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | B | Subpart B—Contracts and Payments | § 1470.21 Contract requirements. | CCC | (a) After NRCS approves the application and develops the conservation stewardship plan in accordance with § 1470.22, NRCS will enter into a conservation stewardship contract with the participant to enroll the participant's agricultural operation in the program. (b) The conservation stewardship contract will— (1) Be for a period of 5 years; (2) Incorporate by reference the conservation stewardship plan; (3) State the payment amount NRCS agrees to make to the participant annually, subject to the availability of funds; (4) Incorporate all provisions as required by law or statute, including requirements that the participant will— (i) Implement the conservation stewardship plan as described in § 1470.22; (ii) Operate and maintain conservation activities on the agricultural operation consistent with § 1470.23; (iii) Comply with the terms of the contract or documents incorporated by reference into the contract; (iv) Refund as determined by NRCS, any program payments received with interest, and forfeit any future payments under the program, upon the violation of a term or condition of the contract, consistent with § 1470.27; (v) Refund as determined by NRCS, all program payments received with interest, upon the transfer of the right and interest of the participant, in land subject to the contract, unless the transferee of the right and interest agrees to assume all obligations of the contract, consistent with § 1470.25; (vi) Maintain and supply information as requested by NRCS, to determine compliance with the conservation stewardship plan and any other requirements of the program; and (vii) Not conduct any activities on the agricultural operation that would tend to defeat the purposes of the program, as determined by NRCS; (5) Permit all economic uses of the eligible land that— (i) Maintain the agricultural or forestry nature of the land; and (ii) Are consistent with the conservation purposes of the contract; (6) Include a provision to ensure that NRCS will not consider a participant in violation of the … | ||||
| 7:7:10.1.2.2.34.2.330.3 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | B | Subpart B—Contracts and Payments | § 1470.22 Conservation stewardship plan. | CCC | (a) NRCS will use the conservation planning process as outlined in the NRCS “National Planning Procedures Handbook” to encourage participants to address resource concerns in a comprehensive manner. (b) The conservation stewardship plan will contain a record of the participant's objectives and decisions to meet or exceed stewardship thresholds for identified resource concerns through implementation or adoption of one or more conservation activities. The plan will document the schedule of conservation activities to be implemented, managed, or improved under the conservation stewardship contract. (c) Supporting documentation for the participant's plan will include— (1) Identification and inventory of priority resource concerns; (2) Establishing benchmark data on the condition of existing conservation activities at the time of enrollment; (3) A plan map delineating the agricultural operation included in the program contract with associated acreage amounts; (4) For organic producers or producers transitioning to organic production, documentation that supports the participant's transition to or participation in the National Organic Program; and (5) Other information as determined appropriate by NRCS. | ||||
| 7:7:10.1.2.2.34.2.330.4 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | B | Subpart B—Contracts and Payments | § 1470.23 Conservation activity operation and maintenance. | CCC | Throughout the conservation stewardship contract period, the participant will maintain and manage existing conservation activities across the entire agricultural operation to at least the benchmark level of conservation performance identified at the time of enrollment for the conservation stewardship contract period. The participant will also maintain and manage additional activities installed and adopted under the conservation stewardship contract. | ||||
| 7:7:10.1.2.2.34.2.330.5 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | B | Subpart B—Contracts and Payments | § 1470.24 Payments. | CCC | [84 FR 60891, Nov. 12, 2019, as amended at 85 FR 64002, Oct. 9, 2020] | (a) Annual payments. Subject to the availability of funds, NRCS will provide, as appropriate, annual payments under the program to compensate a participant for installing and adopting additional conservation activities, and for improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time NRCS accepts the contract offer. A split-rate annual payment structure is used to provide separate payments for additional and existing conservation activities in order to place emphasis on implementing additional conservation. (1) NRCS will make equal annual payments for the existing activity portion of the payment, specific to the operation, based on the land uses and NRCS assessment of existing stewardship. NRCS will make payments for the additional conservation activities based on the complexity and extent of the individual activities completed by the participant during the previous fiscal year. Additional activities implemented may vary from year to year, so the total annual payment may fluctuate; (2) In order to receive an annual payment for a land use, participants must schedule, install, and adopt at least one additional conservation activity on the land use type; (3) At least one additional conservation activity must be implemented within the first 12 months of the contract. NRCS may extend this timeframe if NRCS determines that the participant is unable to complete the conservation activity for reasons beyond their control; (4) NRCS will base the annual payment rates, to the maximum extent practicable, on the following factors: (i) Costs incurred by the participant associated with planning, design, materials, installation, labor, management, maintenance, or training; (ii) Income foregone by the participant; (iii) Expected conservation benefits; (iv) The extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities … | |||
| 7:7:10.1.2.2.34.2.330.6 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | B | Subpart B—Contracts and Payments | § 1470.25 Contract modifications and transfers of land. | CCC | [84 FR 60891, Nov. 12, 2019, as amended at 85 FR 64003, Oct. 9, 2020] | (a) NRCS may modify a conservation stewardship contract, if— (1) The participant agrees to the modification; and (2) NRCS determines the modification is in the public interest. (b) NRCS may allow modification to a conservation stewardship contract to accommodate certain changes in the agricultural operation, including— (1) Removing contract acres the participant will enroll in CRP, protect with a wetland reserve easement through the Agricultural Conservation Easement Program (ACEP), or enroll in other Federal or State programs that offer greater natural resource protection through an easement, long-term contract, land use restrictions, or similar authority as determined by NRCS. NRCS may reduce payments for such modified contracts to reflect the modified acreage and performance. Participants will not be subject to liquidated damages or refund of payments received for enrolling land in these programs. (2) Accommodating other limited changes, in response to a participant's request made prior to implementing the change, that would take land out of production or convert an area under contract to a different land use. These situations apply only to land for which the participant has and will retain effective control, and not for situations of involuntary loss of land. (3) Allowing a participant to substitute a conservation activity as long as the level of conservation performance agreed to at the time of enrollment remains the same or is improved with implementation of the substitute activity. (i) Adjustments to existing activities may occur consistent with conservation performance requirements from § 1470.23. (ii) [Reserved] (4) Prior to approval, NRCS must determine that any modification under this section is authorized by the provisions of 16 U.S.C. 3838d-3838g. (c) A contract modification under this section will not increase the scheduled annual payments under the program, except to make minor adjustments to a conservation activity, as determined by NRCS; implement an appeal determination; correct an adm… | |||
| 7:7:10.1.2.2.34.2.330.7 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | B | Subpart B—Contracts and Payments | § 1470.26 Contract renewal. | CCC | [84 FR 60891, Nov. 12, 2019, as amended at 85 FR 64003, Oct. 9, 2020] | (a) During the first half of the fifth year of the initial contract period, NRCS may allow a participant to apply and compete for the opportunity under § 1470.20 to renew the contract to receive payments for an additional 5-year period, subject to the availability of funds, if the participant meets criteria from paragraph (b) of this section. (b) To be considered for contract renewal, the participant must— (1) Be in compliance with the terms of their existing contract as determined by NRCS; (2) Add any newly acquired eligible land that is part of the agricultural operation that NRCS determines must be included in the renewal contract; (3) Agree to adopt and continue to integrate new or improved conservation activities across the entire agricultural operation, demonstrating continued improvement during the additional 5-year period, as determined by NRCS; and (4) By the end of the renewal contract period, agree to meet or exceed the stewardship threshold of at least two additional priority resource concerns on the agricultural operation; or to adopt or improve conservation activities, as determined by NRCS, to achieve higher levels of conservation performance with respect to not less than two existing priority resource concerns that are specified by the Chief in the initial contract. (c) NRCS will determine a participant ineligible for a new CSP contract on an agricultural operation for 2 years following expiration of their prior contract if the participant does not enter a renewal contract on the agricultural operation at the end of the prior contract period. | |||
| 7:7:10.1.2.2.34.2.330.8 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | B | Subpart B—Contracts and Payments | § 1470.27 Contract violations and termination. | CCC | (a) NRCS may terminate a contract: (1) Without the consent of the participant where NRCS determines that the participant— (i) Violated the contract; or (ii) Is unable to comply with the terms of the contract as the result of conditions beyond their control. (2) With the consent of the participant if NRCS determines that the termination is in the public interest. NRCS will not assess liquidated damages for contracts terminated under this basis. (b) When NRCS terminates a contract in accordance with paragraph (a) of this section, NRCS may allow a participant to retain payments already received based on— (1) The level of effort the participant has made to comply with the contract. NRCS may require a participant to provide only a partial refund of the payments received if a previously installed conservation activity has achieved the expected conservation performance improvement, is not adversely affected by any contract violation or the absence of other conservation activities that would have been installed under the contract, and has met the associated operation and maintenance requirement of the activity; or (2) Hardship situations where circumstances beyond the participant's control prevented the participant from complying with the contract. Any hardship affecting the participant's ability to comply with the contract must not have existed at the time the contract was executed by the participant. Participants may submit a written request to NRCS, along with additional supporting documentation, for NRCS to consider granting a waiver of any requested repayment and/or assessment of liquidated damages. (c) If NRCS determines that a participant is out of compliance with the contract terms or incorporated documents, NRCS will notify the participant to explain what the participant must do to regain compliance and the consequences for not correcting the violation. NRCS will give the participant reasonable time to complete all necessary corrective actions, not to exceed one year. NRCS may authorize additional time f… | ||||
| 7:7:10.1.2.2.34.2.330.9 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | B | Subpart B—Contracts and Payments | § 1470.28 Grassland conservation initiative contracts. | CCC | (a) The purpose of the grassland conservation initiative (GCI) is to assist producers in protecting grazing uses, conserving and improving soil, water, and wildlife resources, and achieving related conservation values by conserving eligible land through grassland conservation contracts. (b) The GCI is applicable on eligible cropland for which base acres have been maintained by the FSA under section 1112(d)(3) of the Agricultural Act of 2014 (7 U.S.C. 9012(d)(3)). (c) Producers with eligible land will have one-time election to enroll in the GCI during fiscal years 2019 through 2023. A producer may elect to enroll eligible acres in the GCI or under a general CSP contract. A producer with land eligible for the GCI may not have the same land enrolled under both a GCI and general CSP contract at the same time. (d) Participants enrolled in the GCI must agree to meet or exceed the stewardship threshold for at least one priority resource concern before the end of the contract. (e) A GCI plan shall: (1) Encompass all enrolled land; (2) Require adoption of conservation activities to address grassland resource concerns; and (3) If crops are grown, require adoption of conservation activities that achieve conservation stewardship levels analogous to the land being planted or maintained in grass. (f) The GCI contract will be for one 5-year term and will not be subject to renewal. (g) GCI annual payments will be $18 per acre, not to exceed the acres enrolled in the GCI contract. (1) GCI contracts are not subject to the payment limitations or contract limits provided in § 1470.24(f) and (g). (2) GCI contracts are not eligible for supplemental payments as provided in § 1470.24(b). (h) The participant may request to terminate their GCI contract at any time and retain payments already received under the contract. | ||||
| 7:7:10.1.2.2.34.3.330.1 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | C | Subpart C—General Administration | § 1470.30 Fair treatment of tenants and sharecroppers. | CCC | Participants must divide payments received under this part in the manner specified in the applicable contract. NRCS will ensure that tenants and sharecroppers who have an interest in acreage being enrolled receive equitable treatment, as determined by NRCS. NRCS may refuse to enter into a contract when joint applicants seeking enrollment disagree on an applicant's eligibility to participate in the contract as a tenant. | ||||
| 7:7:10.1.2.2.34.3.330.2 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | C | Subpart C—General Administration | § 1470.31 Appeals. | CCC | A participant may obtain administrative review of an adverse decision under this part in accordance with 7 CFR parts 11 and 614. Determinations in matters of general applicability, such as payment rates, payment limits, the designation of identified priority resource concerns, and eligible conservation activities are not subject to appeal. | ||||
| 7:7:10.1.2.2.34.3.330.3 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | C | Subpart C—General Administration | § 1470.32 Compliance with regulatory measures. | CCC | Participants will be responsible for obtaining the authorities, rights, easements, permits, or other approvals or legal compliance necessary for the implementation, operation, and maintenance associated with the conservation stewardship plan. Participants will be responsible for compliance with all laws and for all effects or actions resulting from the implementation of the contract. | ||||
| 7:7:10.1.2.2.34.3.330.4 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | C | Subpart C—General Administration | § 1470.33 Access to agricultural operation. | CCC | NRCS, or its authorized representative, will have the right to enter an agricultural operation to ascertain the accuracy of any representations, including natural resource information provided by an applicant to evaluate a contract application. Access will include the right to provide technical assistance, determine eligibility, assess natural resource conditions, inspect any work undertaken under the contract, and collect information necessary to evaluate the implementation of conservation activities in the contract. NRCS, or its authorized representative, will try to contact the participant prior to the exercise of the provision in this section. | ||||
| 7:7:10.1.2.2.34.3.330.5 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | C | Subpart C—General Administration | § 1470.34 Equitable relief. | CCC | (a) If a participant relied upon the advice or action of NRCS 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. NRCS will not assume the financial or technical liability for any action by a participant that was taken based on the advice of a TSP. This liability will remain with the TSP. (b) If NRCS finds that a participant is in violation of a provision of the conservation stewardship contract or any incorporated document through failure to comply fully with that provision, the participant may be eligible for equitable relief under 7 CFR part 635. | ||||
| 7:7:10.1.2.2.34.3.330.6 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | C | Subpart C—General Administration | § 1470.35 Offsets and assignments. | CCC | [84 FR 60891, Nov. 12, 2019, as amended at 85 FR 64003, Oct. 9, 2020] | (a) Any payment or portion thereof due to any participant under this part will be allowed without regard to any claim or lien in favor of any creditor, except agencies of the United States Government. The regulations governing offsets and withholdings found at part 3 of this title will be applicable to contract payments. (b) Any participant entitled to any payment may assign such payments in accordance with regulations governing assignment of payment found at 7 CFR part 1404. | |||
| 7:7:10.1.2.2.34.3.330.7 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | C | Subpart C—General Administration | § 1470.36 Misrepresentation and scheme or device. | CCC | (a) If NRCS determines that an applicant intentionally misrepresented any fact affecting a CSP determination, the application will be determined ineligible immediately. (b) A participant who is determined to have erroneously represented any fact affecting a program determination made in accordance with this part will not be entitled to contract payments and must refund to NRCS all payments, plus interest determined in accordance with 7 CFR part 1403. (c) A participant will refund to NRCS all payments, plus interest determined in accordance with 7 CFR part 1403, received by such participant with respect to all CSP contracts if they are determined to have— (1) Adopted any scheme or device that tends to defeat the purpose of the program; (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 a program determination. (d) Participants determined to have committed actions identified in paragraph (c) of this section will have their interest in all CSP contracts terminated. | ||||
| 7:7:10.1.2.2.34.3.330.8 | 7 | Agriculture | XIV | B | 1470 | PART 1470—CONSERVATION STEWARDSHIP PROGRAM | C | Subpart C—General Administration | § 1470.37 Environmental credits for conservation improvements. | CCC | (a) NRCS will not prohibit a participant under this part from participating in, and receiving compensation from, an environmental services market if one of the purposes of the market is the facilitation of additional conservation benefits that are consistent with CSP purposes, as determined by NRCS. CSP participation may create environmental benefits that qualify for environmental credits under an environmental credit-trading program. NRCS will not prohibit a participant under this part from participating in, or receiving compensation from, an environmental credit-trading program, and NRCS asserts no direct or indirect interest in these credits. However, in addition, any requirements or standards of an environmental market program in which a CSP participant simultaneously enrolls to receive environmental credits must be compatible with the purposes and requirements of the CSP contract and with this part. NRCS retains the authority to ensure that CSP purposes are met and that one of the purposes of the market is the facilitation of additional conservation benefits that are consistent with CSP purposes. (b) The participant must meet all operation and maintenance requirements for CSP-funded activities, consistent with §§ 1470.21 and 1470.23. Where activities required under an environmental credit agreement may affect the land and conservation activities under a CSP contract, NRCS recommends that CSP participants request assistance with the development of a compatibility assessment prior to entering into any credit agreement. The CSP contract may be modified in accordance with policies outlined in § 1470.25 provided the modifications meet CSP purposes and is in compliance with this part. (c) CSP participants may not use CSP funds to implement conservation practices and activities that the participant is required to establish because of a court order. |
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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,
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);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);