The following definitions apply to this part and all documents used in accordance with this part, unless specified otherwise:
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
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.
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 or ranch is located.
In the case of a contract with an 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, such that if each of the members did not provide these inputs, operation of the farm or ranch would be seriously impaired.
means the Chief
of NRCS, United States Department of Agriculture
(USDA), or designee.
means any district or unit of State, Tribal, or local government formed under State, Tribal, or territorial law for the express purpose of developing and carrying out a local soil and water conservation program. Such district or unit of government may be referred to as a “conservation district,” “soil conservation district
,” “soil and water conservation district
,” “resource conservation district
,” “natural resource district,” “land conservation committee,” or similar name.
Conservation practice means one or more conservation improvements and activities, including structural practices, land management practices, vegetative practices, forest management, and other improvements that achieve program purposes.
means a legal document that specifies the rights and obligations of any participant
accepted into the program. An AMA contract
is an agreement for the transfer of assistance from USDA to the participant
to share in the costs of applying conservation practices.
means an NRCS employee whom the State Conservationist
has designated as responsible for AMA administration in a specific area.
means any Indian Tribe
, band, nation, or other organized group or community, including any Alaska Native village, or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601
) that is eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
Indian land is an inclusive term describing all lands held in trust by the United States for individual Indians or Tribes, or all lands, titles to which are held by individual Indians or Tribes, subject to Federal restrictions against alienation or encumbrance, or all lands which are subject to the rights of use, occupancy, and benefit of certain Tribes. For purposes of this part, the term Indian land also includes land for which the title is held in fee status by Indian Tribes and the United States Government-owned land under the Bureau of Indian Affairs (BIA) jurisdiction.
means, as defined in 7 CFR part 1400
, a general partnership, joint venture, or other similar business arrangement in which the members are jointly and severally liable for the obligations of the organization.
means, as defined in 7 CFR part 1400
, an entity created under Federal or State law that: (1) Owns land or an agricultural commodity, product, or livestock
; or (2) produces an agricultural commodity, product, or livestock
means the period of time in which a conservation practice
should be operated and maintained and used for the intended purpose.
Limited resource farmer or rancher means:
A person with direct or indirect gross farm sales of not more than $155,200 in each of the previous 2 years (adjusted for inflation using the Prices Paid by Farmer Index as compiled by the National Agricultural Statistics Service), and
Has a total household income at or below the national poverty level for a family of four, or less than 50 percent of county median household income in each of the previous 2 years (to be determined annually using Commerce Department data).
means a sum of money stipulated in the AMA contract
that the participant
agrees to pay NRCS if the participant
fails to adequately complete the terms of the contract
. The sum represents an estimate of the technical assistance
expenses incurred to service the contract
and reflects the difficulties of proof of loss and the inconvenience or non-feasibility of otherwise obtaining an adequate remedy.
means all animals produced on farms and ranches, as determined by the Chief
Natural Resources Conservation Service
is an agency of USDA which has responsibility for administering AMA using the funds, facilities, and authorities of the CCC
Nonindustrial private forest land
means rural land that has existing tree cover or is suitable for growing trees and is owned by any nonindustrial private individual, group, association, corporation, Indian Tribe
, or other private legal entity
that has definitive decision-making authority over the land.
Operation and maintenance
means work performed by the participant
to keep the applied conservation practice
functioning for the intended purpose during the conservation practice
. Operation includes the administration, management, and performance of non-maintenance actions needed to keep the completed practice safe and functioning as intended. Maintenance includes work to prevent deterioration of the practice, repairing damage, or replacement of the practice to its original condition if one or more components fail.
Operation and maintenance (O&M) agreement
means the document that, in conjunction with the APO, specifies the operation and maintenance
responsibilities of the participants for conservation practices installed with AMA assistance.
means the financial assistance provided to the participant
based on the estimated costs incurred in performing or implementing conservation practices, including costs for planning, design, materials, equipment, installation, labor, maintenance, management, or training, as well as the estimated income foregone by the producer
for the designated conservation practices.
means, as defined in 7 CFR part 1400
, an individual, natural person
and does not include a legal entity
Resource concern means a specific natural resource problem that represents a significant concern in a State or region and is likely to be addressed successfully through the implementation of the conservation practices by participants.
Socially disadvantaged farmer or rancher
means a farmer or rancher who has been subjected to racial or ethnic prejudices because of their identity as a member
of a group without regard to their individual qualities.
State Conservationist means the NRCS employee authorized to direct and supervise NRCS activities in a State, Caribbean Area, or Pacific Islands Area.
means a conservation practice
, including a vegetative practice, that involves establishing, constructing, or installing a site-specific measure to conserve and protect a resource from degradation, or improve soil, water, air, or related natural resources in the most cost-effective manner. Examples include, but are not limited to, animal waste management facilities, terraces, grassed waterways, tailwater pits, livestock
water developments, contour grass strips, filterstrips, critical area plantings, tree plantings, establishment or improvement of wildlife habitat, and capping of abandoned wells.
Technical assistance means technical expertise, information, and tools necessary for the conservation of natural resources on land active in agricultural, forestry, or related uses. The term includes the following:
Technical services provided directly to farmers, ranchers, and other eligible entities, such as conservation planning, technical consultation, and assistance with design and implementation of conservation practices; and
Technical infrastructure, including activities, processes, tools, and agency functions needed to support delivery of technical services, such as technical standards, resource inventories, training, data, technology, monitoring, and effects analyses.
Technical Service Provider (TSP) means an individual, private-sector entity, or public agency certified by NRCS to provide technical services to program participants or in lieu of, or on behalf of NRCS.