{"identifier":"/us/usc/t16/s3839aa\u20131","title":16,"num":"\u00a7\u202f3839aa\u20131.","heading":"Definitions","text":"\u00a7\u202f3839aa\u20131.\nDefinitions\nIn this subpart:\n(1)\nConservation planning assessment\nThe term \u201cconservation planning assessment\u201d means a report, as determined by the Secretary, that\u2014\n(A) is developed by\u2014\n(i) a State or unit of local government (including a conservation district);\n(ii) a Federal agency; or\n(iii) a third-party provider certified under\nsection 3842(e) of this title\n(B) assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land; and\n(C) can be incorporated into a comprehensive planning document required by the Secretary for enrollment in a conservation program of the Department of Agriculture.\n(2)\nEligible land\n(A)\nIn general\nThe term \u201celigible land\u201d means land on which agricultural commodities, livestock, or forest-related products are produced.\n(B)\nInclusions\nThe term \u201celigible land\u201d includes the following:\n(i) Cropland.\n(ii) Grassland.\n(iii) Rangeland.\n(iv) Pasture land.\n(v) Nonindustrial private forest land.\n(vi) Other agricultural land (including cropped woodland, marshes, environmentally sensitive areas, and agricultural land used for the production of livestock) on which identified or expected resource concerns related to agricultural production could be addressed through a contract under the program, as determined by the Secretary.\n(3)\nIncentive practice\nThe term \u201cincentive practice\u201d means a practice or set of practices approved by the Secretary that, when implemented and maintained on eligible land, address 1 or more priority resource concerns.\n(4)\nOrganic system plan\nThe term \u201corganic system plan\u201d means an organic plan approved under the national organic program established under the Organic Foods Production Act of 1990 (\n7 U.S.C. 6501\n(5)\nPayment\nThe term \u201cpayment\u201d means financial assistance provided to a producer for performing practices under this subpart, including compensation for\u2014\n(A) incurred costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and\n(B) income forgone by the producer.\n(6)\nPractice\nThe term \u201cpractice\u201d means 1 or more improvements and conservation activities that are consistent with the purposes of the program under this subpart, as determined by the Secretary, including\u2014\n(A) improvements to eligible land of the producer, including\u2014\n(i) structural practices;\n(ii) land management practices;\n(iii) vegetative practices;\n(iv) forest management;\n(v) soil testing;\n(vi) soil remediation to be carried out by the producer; and\n(vii) other practices that the Secretary determines would further the purposes of the program; and\n(B) conservation activities involving the development of plans appropriate for the eligible land of the producer, including\u2014\n(i) comprehensive nutrient management planning;\n(ii) planning for resource-conserving crop rotations (as defined in\nsection 3839aa\u201324(d)(1) of this title\n(iii) soil health planning, including increasing soil organic matter and the use of cover crops;\n(iv) a conservation planning assessment;\n(v) precision conservation management planning; and\n(vi) other plans that the Secretary determines would further the purposes of the program under this subpart.\n(7)\nPriority resource concern\nThe term \u201cpriority resource concern\u201d means a natural resource concern or problem, as determined by the Secretary, that\u2014\n(A) is identified at the national, State, or local level as a priority for a particular area of a State; and\n(B) represents a significant concern in a State or region.\n(8)\nProgram\nThe term \u201cprogram\u201d means the environmental quality incentives program established by this subpart.\n(9)\nSoil remediation\nThe term \u201csoil remediation\u201d means scientifically based practices that\u2014\n(A) ensure the safety of producers from contaminants in soil;\n(B) limit contaminants in soil from entering agricultural products for human or animal consumption; and\n(C) regenerate and sustain the soil.\n(10)\nSoil testing\nThe term \u201csoil testing\u201d means the evaluation of soil health, including testing for\u2014\n(A) the optimal level of constituents in the soil, such as organic matter, nutrients, and the potential presence of soil contaminants, including heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants; and\n(B) the biological and physical characteristics indicative of proper soil functioning.","url":"https://projectusc.org/usc/t16/s3839aa\u20131.html","content":[{"t":"sec","id":"/us/usc/t16/s3839aa\u20131","children":[{"t":"num","text":"\u00a7\u202f3839aa\u20131."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this subpart:"},{"t":"para","id":"/us/usc/t16/s3839aa\u20131/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Conservation planning assessment"},{"t":"chapeau","text":"The term \u201cconservation planning assessment\u201d means a report, as determined by the Secretary, that\u2014"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/1/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" is developed by\u2014"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a State or unit of local government (including a conservation district);","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a Federal agency; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/1/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" a third-party provider certified under ","children":[{"t":"ref","text":"section 3842(e) of this title","href":"/us/usc/t16/s3842/e","tail":" (including a certified rangeland professional);"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" can be incorporated into a comprehensive planning document required by the Secretary for enrollment in a conservation program of the Department of Agriculture.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3839aa\u20131/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Eligible land"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201celigible land\u201d means land on which agricultural commodities, livestock, or forest-related products are produced.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Inclusions"},{"t":"chapeau","text":"The term \u201celigible land\u201d includes the following:"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" Cropland.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" Grassland.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/2/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" Rangeland.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/2/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" Pasture land.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/2/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" Nonindustrial private forest land.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/2/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" Other agricultural land (including cropped woodland, marshes, environmentally sensitive areas, and agricultural land used for the production of livestock) on which identified or expected resource concerns related to agricultural production could be addressed through a contract under the program, as determined by the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3839aa\u20131/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Incentive practice"},{"t":"content","children":[{"t":"p","text":"The term \u201cincentive practice\u201d means a practice or set of practices approved by the Secretary that, when implemented and maintained on eligible land, address 1 or more priority resource concerns.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3839aa\u20131/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Organic system plan"},{"t":"content","children":[{"t":"p","text":"The term \u201corganic system plan\u201d means an organic plan approved under the national organic program established under the Organic Foods Production Act of 1990 (","children":[{"t":"ref","text":"7 U.S.C. 6501","href":"/us/usc/t7/s6501","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3839aa\u20131/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Payment"},{"t":"chapeau","text":"The term \u201cpayment\u201d means financial assistance provided to a producer for performing practices under this subpart, including compensation for\u2014"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" incurred costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" income forgone by the producer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3839aa\u20131/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Practice"},{"t":"chapeau","text":"The term \u201cpractice\u201d means 1 or more improvements and conservation activities that are consistent with the purposes of the program under this subpart, as determined by the Secretary, including\u2014"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/6/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" improvements to eligible land of the producer, including\u2014"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" structural practices;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" land management practices;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" vegetative practices;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" forest management;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/A/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" soil testing;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/A/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" soil remediation to be carried out by the producer; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/A/vii","children":[{"t":"num","text":"(vii)"},{"t":"content","text":" other practices that the Secretary determines would further the purposes of the program; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/6/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" conservation activities involving the development of plans appropriate for the eligible land of the producer, including\u2014"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" comprehensive nutrient management planning;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" planning for resource-conserving crop rotations (as defined in ","children":[{"t":"ref","text":"section 3839aa\u201324(d)(1) of this title","href":"/us/usc/t16/s3839aa\u201324/d/1","tail":");"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" soil health planning, including increasing soil organic matter and the use of cover crops;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" a conservation planning assessment;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" precision conservation management planning; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s3839aa\u20131/6/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" other plans that the Secretary determines would further the purposes of the program under this subpart.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3839aa\u20131/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Priority resource concern"},{"t":"chapeau","text":"The term \u201cpriority resource concern\u201d means a natural resource concern or problem, as determined by the Secretary, that\u2014"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is identified at the national, State, or local level as a priority for a particular area of a State; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" represents a significant concern in a State or region.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3839aa\u20131/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Program"},{"t":"content","children":[{"t":"p","text":"The term \u201cprogram\u201d means the environmental quality incentives program established by this subpart.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3839aa\u20131/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Soil remediation"},{"t":"chapeau","text":"The term \u201csoil remediation\u201d means scientifically based practices that\u2014"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" ensure the safety of producers from contaminants in soil;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/9/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" limit contaminants in soil from entering agricultural products for human or animal consumption; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/9/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" regenerate and sustain the soil.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s3839aa\u20131/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Soil testing"},{"t":"chapeau","text":"The term \u201csoil testing\u201d means the evaluation of soil health, including testing for\u2014"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/10/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the optimal level of constituents in the soil, such as organic matter, nutrients, and the potential presence of soil contaminants, including heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s3839aa\u20131/10/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the biological and physical characteristics indicative of proper soil functioning.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}