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USC › Title 16 › Chapter 58 › Subchapter IV › Part II › Subpart a › § 3838

16 USC § 3838 - Definitions

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-9. (See Public Laws for the current Congress.)

In this subpart:
(1) Base payment
The term “base payment” means an amount that is—
(A) determined in accordance with the rate described in section 3838c (b)(1)(A) of this title; and
(B) paid to a producer under a conservation security contract in accordance with clause (i) of subparagraph (C), (D), or (E) of section 3838c (b)(1) of this title, as appropriate.
(2) Beginning farmer or rancher
The term “beginning farmer or rancher” has the meaning given the term under section 1991 (a) of title 7.
(3) Conservation practice
The term “conservation practice” means a conservation farming practice described in section 3838a (d)(4) of this title that—
(A) requires planning, implementation, management, and maintenance; and
(B) promotes 1 or more of the purposes described in section 3838a (a) of this title.
(4) Conservation security contract
The term “conservation security contract” means a contract described in section 3838a (e) of this title.
(5) Conservation security plan
The term “conservation security plan” means a plan described in section 3838a (c) of this title.
(6) Conservation security program
The term “conservation security program” means the program established under section 3838a (a) of this title.
(7) Enhanced payment
The term “enhanced payment” means the amount paid to a producer under a conservation security contract that is equal to the amount described in section 3838c (b)(1)(C)(iii) of this title.
(8) Nondegradation standard
The term “nondegradation standard” means the level of measures required to adequately protect, and prevent degradation of, 1 or more natural resources, as determined by the Secretary in accordance with the quality criteria described in handbooks of the Natural Resources Conservation Service.
(9) Producer
(A) In general
The term “producer” means an owner, operator, landlord, tenant, or sharecropper that—
(i) shares in the risk of producing any crop or livestock; and
(ii) is entitled to share in the crop or livestock available for marketing from a farm (or would have shared had the crop or livestock been produced).
(B) Hybrid seed growers
In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract.
(10) Resource-conserving crop rotation
The term “resource-conserving crop rotation” means a crop rotation that—
(A) includes at least 1 resource-conserving crop (as defined by the Secretary);
(B) reduces erosion;
(C) improves soil fertility and tilth;
(D) interrupts pest cycles; and
(E) in applicable areas, reduces depletion of soil moisture (or otherwise reduces the need for irrigation).
(11) Resource management system
The term “resource management system” means a system of conservation practices and management relating to land or water use that is designed to prevent resource degradation and permit sustained use of land, water, and other natural resources, as defined in accordance with the technical guide of the Natural Resources Conservation Service.
(12) Secretary
The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service.
(13) Tier I conservation security contract
The term “Tier I conservation security contract” means a contract described in section 3838a (d)(5)(A) of this title.
(14) Tier II conservation security contract
The term “Tier II conservation security contract” means a contract described in section 3838a (d)(5)(B) of this title.
(15) Tier III conservation security contract
The term “Tier III conservation security contract” means a contract described in section 3838a (d)(5)(C) of this title.

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In this subpart:
(1) Base payment
The term “base payment” means an amount that is—
(A) determined in accordance with the rate described in section 3838c (b)(1)(A) of this title; and
(B) paid to a producer under a conservation security contract in accordance with clause (i) of subparagraph (C), (D), or (E) of section 3838c (b)(1) of this title, as appropriate.
(2) Beginning farmer or rancher
The term “beginning farmer or rancher” has the meaning given the term under section 1991 (a) of title 7.
(3) Conservation practice
The term “conservation practice” means a conservation farming practice described in section 3838a (d)(4) of this title that—
(A) requires planning, implementation, management, and maintenance; and
(B) promotes 1 or more of the purposes described in section 3838a (a) of this title.
(4) Conservation security contract
The term “conservation security contract” means a contract described in section 3838a (e) of this title.
(5) Conservation security plan
The term “conservation security plan” means a plan described in section 3838a (c) of this title.
(6) Conservation security program
The term “conservation security program” means the program established under section 3838a (a) of this title.
(7) Enhanced payment
The term “enhanced payment” means the amount paid to a producer under a conservation security contract that is equal to the amount described in section 3838c (b)(1)(C)(iii) of this title.
(8) Nondegradation standard
The term “nondegradation standard” means the level of measures required to adequately protect, and prevent degradation of, 1 or more natural resources, as determined by the Secretary in accordance with the quality criteria described in handbooks of the Natural Resources Conservation Service.
(9) Producer
(A) In general
The term “producer” means an owner, operator, landlord, tenant, or sharecropper that—
(i) shares in the risk of producing any crop or livestock; and
(ii) is entitled to share in the crop or livestock available for marketing from a farm (or would have shared had the crop or livestock been produced).
(B) Hybrid seed growers
In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract.
(10) Resource-conserving crop rotation
The term “resource-conserving crop rotation” means a crop rotation that—
(A) includes at least 1 resource-conserving crop (as defined by the Secretary);
(B) reduces erosion;
(C) improves soil fertility and tilth;
(D) interrupts pest cycles; and
(E) in applicable areas, reduces depletion of soil moisture (or otherwise reduces the need for irrigation).
(11) Resource management system
The term “resource management system” means a system of conservation practices and management relating to land or water use that is designed to prevent resource degradation and permit sustained use of land, water, and other natural resources, as defined in accordance with the technical guide of the Natural Resources Conservation Service.
(12) Secretary
The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service.
(13) Tier I conservation security contract
The term “Tier I conservation security contract” means a contract described in section 3838a (d)(5)(A) of this title.
(14) Tier II conservation security contract
The term “Tier II conservation security contract” means a contract described in section 3838a (d)(5)(B) of this title.
(15) Tier III conservation security contract
The term “Tier III conservation security contract” means a contract described in section 3838a (d)(5)(C) of this title.

Source

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

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

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

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Monday, June 17, 2013

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16 USCDescription of ChangeSession YearPublic LawStatutes at Large
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