Title 7--AGRICULTURE
Chapter VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF


and Department of Agriculture Reorganization Act of 1994 (Pub. L. 103-354, 7 U.S.C. 6901 note) and established by Secretary's Memorandum 1010-1 (2.b.6), Reorganization of...


a coordinated national program of natural resource conservation; planning, directing, and coordinating all program, technical, and administrative activities of...


offices are responsible for (1) Providing agency leadership, guidance, coordination, and partnering for solutions to regional resource issues; (2)...


responsible for NRCS programs in a State. The Pacific Basin Area Office, under the direction and supervision of a director, serves the U.S. Trust Territories in...


conservationist for field operations who is responsible for NRCS activities in the geographical area served by the area office. Usually the geographical area includes...


for NRCS activities in the geographical area served by the field office. Usually the geographical area of a field office includes one or more conservation districts...


reduction projects, construction projects, resource conservation and development areas, and soil survey activities. State conservationists designate direction and supervision...


a PMC serves two or more States, and is under the jurisdiction of the State conservationist where the center is located. Each PMC is directed and supervised by a manager who...


for the purpose of soil survey production. Major land resource area soil survey offices (MO) provide the technical leadership, coordination, and quality assurance for all...


landowners to conserve their natural resources. NRCS employees help land users and communities approach conservation planning and implementation with an understanding of...


Once designated, these areas may receive RC&D Program assistance from NRCS. (b) Administration of the Soil and Water Resources Conservation Act of 1977 (Public...


based upon results of radiological monitoring and the extent of radiological contamination to farmers, ranchers, and others relating to: (1) The selection and use of...


Conservation Service (NRCS) policies and procedures for furnishing technical assistance in conservation operations. [61 FR 27999, June...


assistance, is the basic soil and water conservation program of NRCS. This program is designed to: (1) Reduce soil losses from erosion; (2) Help solve...


(a) Technical assistance is provided through and in cooperation with conservation districts in the 50 States, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands....


Resources Conservation Service provides technical assistance to land users and others who are responsible for making decisions and setting policies that influence land...


is based on the principle that soil, water, plant, and related resources are interdependent and must be managed accordingly. Soil conservationists integrate the various...


June 4, 1996, unless otherwise noted. This subpart sets forth the equations and rules for utilizing the equations that are used by the Natural Resources...


erosion. (a) The equation for predicting soil loss due to erosion for both the USLE and the RUSLE is A = R x K x LS x C x P. (For further information about USLE see...


(a) The equation for predicting soil loss due to wind in the Wind Erosion Equation (WEQ) is E = f(IKCLV). (For further information on WEQ see the paper by...


Highly Erodible Land (HEL) determinations are based on the formulas set forth in 7 CFR Sec. 12.21 using some of the factors from the USLE and WEQ and the factor values that...


3, 1999, unless otherwise noted. This subpart sets forth the procedures for establishing and using the advice of State Technical Committees. NRCS shall establish...


(a) State Technical Committees shall include members who represent a variety of natural resource sciences and occupations, including those related to soil, water, wetlands, plants,...


State Conservationist shall provide public notice of State Technical Committee meetings in which issues related to conservation programs will be considered. (b) The...


(a) Each State Technical Committee established under this subpart shall meet on a regular basis, as determined by the State Conservationist, to provide information,...


subcommittees, made up of State Technical Committee members, may be needed to analyze and refine specific issues. The State Conservationist may assemble...


Nov. 12, 2002, unless otherwise noted. (a) This subpart sets forth the policies for the Conservation of Private Grazing Land (CPGL) Program, as authorized by...


(a) Provide technical assistance to grazing-land owners and managers to plan and implement resource conservation on grazing land. The objective of planning on grazing land is to...


soil survey operations of the Natural Resources Conservation Service (NRCS). (b) NRCS is responsible for soil survey activities of the U.S. Department of Agriculture (USDA)....


are carried out cooperatively with state agricultural experiment stations and other state agencies. The cooperative effort is evidenced in a memorandum of understanding...


conducts soil surveys under national standards and guidelines for naming, classifying, and interpreting soils and for publishing soil surveys in the USDA series. (b) A...


(a) Published soil surveys. (1) When soil survey field work is completed on a designated area, NRCS publishes the soil survey as soon as possible so that the information will...


cartographic services needed to carry out NRCS functions. Cartographic services include general cartography, photogrammetry, aerial photography, planimetric and...


obtains necessary clearnace for all aerial photography for NRCS. New aerial photography of designated areas in the United States is obtained yearly by NRCS...


of the United States based on imagery received from a satellite are prepared and released to the public by NRCS. The maps offer the first image of the United States not obscured...


and procedure for the administration of a cooperative snow survey and water supply forecast program. The program provides agricultural water users and other water...


water supply forecast program, NRCS: (a) Establishes, maintains, and operates manual and automated snow course and related hydro meteorological networks. Planning for...


in the western states area. Data sites generally include a snow course where both snow depth and water equivalent of snow are measured. However, special sites may measure...


and who would benefit from a water supply forecast may obtain forecasts from NRCS on a regular basis provided data are available to NRCS to develop a forecast at the...


by NRCS and its cooperators containing water supply forecasts and basic data are usually issued monthly by each NRCS state office in the western states area for the months...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR612.6] [Page 370] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 612_SNOW SURVEYS AND WATER SUPPLY FORECASTS--Table of Contents Sec. 612.6 Application for water supply forecast service. Requests for obtaining water supply forecasts or related assistance may be directed to any NRCS office in the western states areas. NRCS offices are described in part 600 of this chapter. ...


to give appropriate credit and recognition to NRCS for information furnished. The Federal Government does not assume any responsibility for management decisions the user...


plant materials centers. The centers have responsibilities for assembling, testing, releasing, and providing for the commercial production and use of plant materials for programs...


for commercial increase new or improved plant materials needed for broad programs of resource conservation and development for agriculture, wildlife, urban, recreation,...


other state organizations to operate plant materials centers. NRCS employs specialists for selecting and using plant materials. NRCS responsibilities are to: ...


specific conservation job if this production will serve the public welfare and only if the plant materials are not available commercially. This function will be performed...


Beltsville, Maryland, serves as the central facility for assembling, increasing, and determining the characteristics of plant materials from foreign and domestic sources....


procedures under which a landowner or program participant may appeal adverse technical determinations or decisions made by officials of the Natural Resources...


decision includes, in addition to the definition of adverse decision in 7 CFR part [[Page 373]] 11, an NRCS technical determination or decision that affects the...


and adverse decisions covered by this part are also governed by National Appeals Division (NAD) regulations at 7 CFR part 11. (b) Decisions which are subject...


regulations of this part shall preclude the Secretary of Agriculture or the Chief from determining at any time any question arising under the programs to which the regulations of...


examples of decisions which are not appealable: (a) General program requirements that apply to all participants; (b) Science-based formulas and criteria; (c)...


as Amended Sec. 614.100 Applicability. The provisions of this subpart set forth the procedures under which a...


as Amended Sec. 614.101 Notice of preliminary technical determinations. (a) All preliminary technical determinations related...


as Amended Sec. 614.102 Mediation of preliminary technical determinations. (a)(1) Any dispute with respect to a...


as Amended Sec. 614.103 Final determinations. (a) Preliminary technical determinations shall become final: (1) 30...


as Amended Sec. 614.104 Appeals of technical determinations. (a) Technical determinations related to the programs in Sec....


614.200 Applicability. The provisions of this subpart set forth the procedures under which a landowner or program participant may seek an informal hearing on...


614.201 Notice of final decisions. (a) All final decisions related to programs provided for in Sec. 614.200 that are made by the designated conservationist shall be...


614.202 Time frames for filing requests for informal hearings. (a) A request for an informal hearing before NRCS shall be filed within 30 days after written notice of the...


614.203 Mediation of adverse final decisions. (a) Any dispute with respect to an adverse final decision related to the programs provided in Sec. 614.200 shall, at the...


614.204 Appeals of adverse final decisions. (a) Any landowner or program participant, who is adversely affected by a decision made by a designated conservationist related to...


requirements, and procedures governing the Department of Agriculture's (USDA's) investigations and surveys of watersheds of rivers and other waterways as a basis...


(a) Cooperative river basin surveys in coordination with Federal, State, and local agencies; (b) Floodplain management assistance in coordination with...


Cooperative river basin studies provide USDA planning assistance to Federal, State, and local governments. The purpose of these studies is to assist in appraising water and related...


Assistance is available to conservation districts, communities. county governments, regional planning boards, other planning groups, and State and Federal agencies. Local...


For a cooperative study a governor, or a Federal, State, or local government agency must submit a written request and a Proposal to Study (PTS) through the NRCS State...


The Chief may authorize requested cooperative studies recommended by the State Conservationist. Priority for starting cooperative studies is based on the date of application,...


Leadership in arrangements for other needed Federal, State, and local agency participation is responsibility of the requesting agency. Consistent with national objectives and...


Floodplain management studies provide needed information and assistance to local and State entities so that they can implement programs for reducing existing and future flood damages...


Assistance is available to conservation districts, communities, county [[Page 379]] governments, regional planning boards, other planning groups, and...


(a) A conservation district, local community or other jurisdiction may request floodplain management assistance for a local area for which they are responsible, by letter to...


(a) USDA floodplain management studies are authorized by the Director of the Basin and Area Planning Division. Priority for starting floodplain management studies is based on...


NRCS is responsible for providing leadership for scheduling and implementing the technical phases of the studies and preparing the reports. NRCS assists in interpreting the...


The State agency is responsible for developing State priorities for floodplain management studies and coordinating this work with related activities in the State. The...


Army Sec. 621.30 Description. (a) As provided by Pub. L. 87-639, joint investigations and reports by USDA and the Department of the Army may be authorized...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR621.31] [Page 380] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 621_RIVER BASIN INVESTIGATIONS AND SURVEYS--Table of Contents Subpart D_Joint Investigations and Reports With the Department of the Army Sec. 621.31 Who may request assistance. Any organization, group, or State or local government may request assistance. ...


621.32 How to request assistance. Applicants for a joint investigation and report should request their congressional representative(s) to initiate...


621.33 Conditions for approval. A joint investigation and report is authorized by a resolution of the Committee on Environment and Public Works of the...


621.34 Recipient responsibility. Participating local and State governments work with USDA and the Department of the Army representatives in...


activities at the national level. (a) Policy development in water and related land resources is coordinated at the Federal level through the Cabinet Council...


planning activities at the regional level. (a) NRCS has a responsibility to represent the Department when needed to assist regional water planning entities...


NRCS is designated to represent USDA in assisting the U.S. Commissioners of the Delaware River Basin Commission and the Susquehanna River Basin Commission. In carrying out...


As assigned, an NRCS State Conservationist is the USDA point of contact for governing bodies of interstate compacts and commissions...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR621.44] [Page 381] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 621_RIVER BASIN INVESTIGATIONS AND SURVEYS--Table of Contents Subpart E_Interagency Coordination Sec. 621.44 Special studies. As designated, NRCS represents USDA on special study groups such as for the Colorado River Basin Salinity Control Program Studies. ...


As requested by the Federal Emergency Management Agency (FEMA), and within the limits of available resources, NRCS carries out flood insurance studies of various types under...


planning and carrying out watershed projects under Pub. L. 83-566, 68 Stat. 666 (16 U.S.C. 1001 et seq.) and flood prevention projects under Pub. L. 78-534, 58 Stat. 889...


watershed plans, the Natural Resources Conservation Service (NRCS) shall conduct investigations and surveys, with the cooperation and assistance of other Federal...


purposes and objectives of the programs under Pub. L. 83-566 and Pub. L. 78-534 are the same in most cases. Planning criteria, economic justification, local sponsorship,...


with other water and land resource development agencies on projects that may come under the jurisdictions of various authorities. This will include any...


Pub. L. 83-566 and Pub. L. 78-534 are contained in miscellaneous instructions, manuals, and handbooks issued by the Natural Resources Conservation Service,...


programs will be conducted in compliance with all requirements respecting nondiscrimination as contained in the Civil Rights Act of 1964, as amended, and in the regulations...


covered under Executive Order 12372, ``Intergovernmental Review of Federal Programs'' and 7 CFR Part 3015, Subpart V, ``Intergovernmental Review of the Department of...


by one or more local organizations [[Page 383]] qualifying as sponsors. All watershed plans shall be sponsored by entities legally organized under State law...


Federal assistance, a watershed project must: (1) Meet the definition of a watershed area as defined in NRCS's National Watersheds Manual. (2) Not exceed 250,000 acres...


procedures (based on Executive Order 12372) for coordination of proposed Federal financial assistance and also USDA's 7 CFR part 3015 in applying for Pub. L....


agency will approve or disapprove the application. If disapproved, no further action is required of NRCS. If approved or not disapproved within 45 days, the application...


planned and carried out in a way that will (1) minimize all adverse impacts, and (2) mitigate unavoidable losses to the maximum practicable degree. Projects must comply with...


NRCS will make any necessary field studies and develop a report to justify the need for planning effort. Once planning is authorized by the Chief of NRCS, a...


statement (or assessment) will be subject to internal technical reviews, sponsor and other local party review, interagency review by other Federal, state,...


requirements for the Emergency Wetlands Reserve Program (EWRP). Under the EWRP, NRCS will make offers to purchase wetland conservation easements from persons owning...


(a) Agricultural commodity--means any crop planted and produced by annual tilling of the soil, or on an annual basis by one trip planters, or alfalfa and other...


eligible land for which enrollment is sought and must have been the owner of such land for at least the preceding 12 months prior to the time the enrollment offer is declared by...


in the EWRP only if NRCS determines that the land: (1) Was inundated by the Midwest floods of 1993; (2) If restored to productive condition, would have a fair...


not eligible for enrollment in the EWRP: (a) Land that contains either timber stands or trees established in connection with a CRP contract; (b) Lands owned or acquired...


under 7 CFR parts 704 and 1410 may be transferred into the EWRP only if: [[Page 387]] (a) The land and landowner(s) meet the requirements of this...


and be in favor of NRCS and its assigns or delegates. The easement shall require the land to be monitored as specified by the WRPO to promote the purposes of this part,...


the NRCS State Conservationist, of the land covered by the easements. Fair market value will be based on post-flood conditions as if reclaimed. Land easement values will...


a technical committee and other interested Federal agencies, will establish a ranking process to establish the priority of parcels offered into the EWRP. This process will...


enrollment on an approved NRCS form. The application to participate must be filed with the local NRCS field office during an announced period for...


(1) Comply with the terms of the easement. (2) Comply with all terms and conditions of the WRPO for the full life of the easement. (3) Ensure that the...


enrolled land in the EWRP as provided in the WRPO. The amount of the cost-share assistance shall be specified in the contract. Eligible costs for such cost-share...


the program, a WRPO will be developed by the landowner and NRCS, in consultation with FWS. (b) The WRPO shall: (1) Include an aerial photo displaying the...


easement without a written request by the participant and the written consent of the Chief. Approval may be granted to achieve the goals of EWRP or facilitate the...


right to occupancy of, the land subject to a EWRP easement, such new owner shall be subject to the terms and conditions of the easement. The participant who is the signatory to...


be permitted to inspect each easement area at any and all times determined necessary by NRCS to ensure that: (1) Structural and vegetative restoration work are...


WRPO, or the recorded EWRP easement occurs, the easement shall remain in force and NRCS may: (1) Require the owner to fully restore the easement area to fulfill the...


representatives of the Department, or designee thereof, shall have the right of access to: (a) Land which is the subject of an application made in accordance with...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR623.19] [Page 391] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 623_EMERGENCY WETLANDS RESERVE PROGRAM--Table of Contents Sec. 623.19 Assignments. Any participant entitled to any cash payment under this program may assign the right to receive such cash payments, in whole or in part. ...


land eligibility, development of a WRPO, or any adverse determination under this part in accordance with the administrative appeal regulations provided in part 614...


device to defeat the purposes of this part, any part of any program payment otherwise due or paid such landowner during the applicable period may be withheld or be required...


information or has knowingly filed a false claim, such participant shall be ineligible for any payment under this part. False information or false claims include...


the Natural Resources Conservation Service (NRCS) under section 216, Pub. L. 81-516 and section 403 of Title IV of the Agricultural Credit Act of 1978, Pub....


relieving imminent hazards to life and property from floods and the products of erosion created by natural disasters that cause a sudden impairment of...


exists. Emergency water shed protection consists of emergency measures for runoff retardation and soil erosion prevention as needed to reduce hazards to life and property...


will transfer funds to the Forest Service (FS) of the U.S. Department of Agriculture (USDA) at the national level for work to be installed by FS or its cooperators. Under...


protection assistance is made available when the following conditions of eligibility are determined to exist by the state conservationist. Procedures for providing...


(1) Retard runoff, prevent flooding, or prevent soil erosion; (2) Reduce threats to life or property resulting from a watershed emergency; (3) Be economically...


(a) Perform operation or maintenance (periodic work that is necessary to maintain the efficiency and effectiveness of a measure to perform as originally designed...


program environmental impact statement (EIS) for EWP work has been developed in compliance with section 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190,...


their applications. The NRCS offices are defined in part 600 of this chapter. Information supplied should include the nature, location, and scope of the problems and...


regional forester or area director, where appropriate, shall immediately investigate the emergency situation to determine if EWP is applicable. In carrying out...


through long term contracts to landowners and others for making land use changes and to install measures to conserve, develop, and utilize the soil, water, and...


Program (GPCP) is a special program targeted to the total conservation treatment of farm or ranch units with the most severe soil and water resources problems....


have the following meaning in this part and in all contracts, forms, documents, instructions, and procedures in connection therewith, unless the contract or subject...


the administration of the Great Plains Conservation Program (GPCP). (b) The program shall be carried out in close cooperation with interested Federal, state, and...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR631.4] [Page 399] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 631_GREAT PLAINS CONSERVATION PROGRAM--Table of Contents Subpart A_General Provisions Sec. 631.4 Program applicability. The program is applicable only to designated counties within the Great Plains states. County designation is a responsibility of the NRCS Chief. ...


in a designated county may file an application for participation in the GPCP with the NRCS field office. A land user who develops an acceptable conservation plan in cooperation...


The program is applicable to: (a) Privately owned land, (b) nonfederally owned public land under private control for the contract period and included in the participant's operating...


(a) The state conservationist, in consultation with the state program committee, shall select the resource management systems, conservation practices, or...


may not exceed 80 percent. (b) The maximum Federal rate (percentage) within each state for each practice or identifiable unit shall be established by the...


is responsible for developing a conservation plan, in cooperation with the conservation district, that protects the resource base in a manner acceptable to NRCS. This plan will...


the program, an applicant must enter into a contract agreeing to implement a conservation plan. All persons who control or share control of the operating unit for the...


(a) Each participant is obligated to maintain the resource management systems or conservation practices applied under the contract for the duration of the contract. Practices...


sharing shall be adjusted so that the combined cost share by Federal and state government or subdivision of a state shall not exceed 100 percent of the cost. (b)...


Applicants or participants may appeal decisions regarding matters other than contract disputes under this part in accordance with part 614 of...


and appeals will be handled in accordance with the terms of the contract and attachments thereto. Violations involving fraud are to be handled in accordance...


whom compensation is payable under the program is indebted to U.S. Department of Agriculture (USDA), or any agency thereof, or is indebted to any other agency of the...


Participants who carry out conservation practices shall be responsible for obtaining the authorities, rights, easements, or other approvals necessary for the implementation...


NRCS representative shall have the right to enter an operating unit for the purpose of ascertaining the accuracy of any representations made in a contract or leading up to...


The state conservationist may take the initiative to revise or require revision of any determination made by the contracting officer or the district conservationist in connection...


this part is to set forth the Natural Resources Conservation Service (NRCS) rules and regulations to carry out the Rural Abandoned Mine Program under section 406, Pub. L. 95-87; 91...


to protect people and the environment from the adverse effects of past coal-mining practices and to promote the development of the soil and water resources of...


Program is administered by the U.S. Department of Agriculture (USDA) through NRCS in accordance with the delegation of responsibility contained in Sec. 601.1(h) of...


coal-mined lands that existed before August 3, 1977, and for which there is no continuing reclamation responsibility on the part of a mine operator, permittee, or agent...


any county or other designated area within a State that had abandoned or inadequately reclaimed coal-mined lands within its borders before August...


the program are subject to the annual appropriation by Congress of funds from the Abandoned Mine Reclamation Fund and the transfer of as much as 20 percent of these funds from...


within a State are to be assigned a funding priority and subpriority. Assignment of a priority and subpriority establishes the order in which the proposed...


eligible for reclamation are those that were mined for coal or were affected by coal-mining processes and were abandoned or inadequately reclaimed before August 3, 1977. These...


land and water rights, residents, tenants, or their agents who own or have management control of eligible land and/or water are eligible to participate in the...


(a) Reclaimed lands and water may be used for cropland, hayland, pasture land, rangeland, woodland, wildlife land, natural areas, noncommercial recreation land, and...


(a) Land users may arrange to apply the planned land uses and conservation treatment specified in the contract by one or more of the following methods: (1)...


by the Federal Government are to be established and issued as instructions by the NRCS Administrator in accordance with the following criteria: (1) For 120 acres or...


may approve the following types of special projects subject to the eligibility requirements, funding priorities, and cost-share rates as stated in Sec. Sec....


history and allotments on eligible lands were discontinued at the time of mining. However, if eligible lands are classified as cropland at the time the contract is signed,...


(a) Land users must submit an application for program assistance through the local conservation district or NRCS field office. NRCS is to announce dates for receiving applications...


users are responsible for developing a reclamation plan that will serve as a basis for a contract. Normally, a land user will need the technical services of NRCS and...


land user who has an approved reclamation plan may enter into a contract with NRCS to receive Federal cost-share assistance. All land users are to sign the contract. A...


NRCS employee or agent is to have the right of access to land under application or contract and the right to examine any program records to ascertain the accuracy of...


procedures for making cost-share payments to a land user when land use and conservation treatment is applied as specified in Sec. 632.16(a)(1)...


cost-share payment. Cost-share payments are to be made at rates specified in the contract. The cost-share payment is to be determined by one of the following methods: ...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR632.40] [Page 410] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 632_RURAL ABANDONED MINE PROGRAM--Table of Contents Subpart E_Appeals and Violations Sec. 632.40 Appeals. Land users may appeal decisions under this part in accordance with part 614 of this title. [60 FR 67316, Dec. 29, 1995] ...


The following actions constitute violation of a contract by a land user: (1) Knowingly or negligently damaging or causing conservation treatment to be impaired. ...


section prescribes the regulations dealing with contract violations. The Chief reserves the right to revise or supplement any of the provisions of this section at any time if...


is an integral part of planning used by NRCS in developing each reclamation plan under this program. Planning includes site inventory and analysis, evaluation...


(a) A final program EIS is available in compliance with section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA). This statement discloses the cumulative...


(a) The RFO will analyze the environmental assessment of the proposed action to determine which of the following classes of action applies. This determination will be recorded and...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR633.1] [Page 413] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 633_WATER BANK PROGRAM--Table of Contents Sec. 633.1 Purpose and scope. The regulations in this part set forth the policies, procedures, and requirements for the Water Bank Program (WBP) as administered by the Natural Resources Conservation Service (NRCS) for program implementation. ...


a farm which adjoins designated types 1 through 7 wetlands and is considered essential for the protection of the wetland or for the nesting, breeding, or feeding of...


direction of the Chief. (b) As determined by the Chief and the Administrator of the Farm Service Agency, the NRCS will seek the agreement of the Farm Service Agency...


who voluntarily cooperate in the protection of wetlands and associated lands. To participate in WBP, a person will agree to the implementation of a conservation plan, the...


an application for participation in the WBP. (b) Preliminary agency actions. The NRCS must certify that the designated acreage that would be placed under an agreement...


The agreement shall be signed by the owner of the designated acreage and any other person who, as landlord, tenant, or share cropper, will share in the payment or has...


sharecroppers, shall be eligible for an annual payment in the manner agreed upon by them as representing their respective contributions to compliance with the agreement....


protecting the wetland functions and values of the enrolled land as provided in the conservation plan. The NRCS may pay up to 75 percent of such costs. (b)...


District, shall prepare a conservation plan for the acreage designated under an agreement. (b) The conservation plan is the basis for the agreement and...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR633.10] [Page 417] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 633_WATER BANK PROGRAM--Table of Contents Sec. 633.10 Modifications. The NRCS may approve modifications to the agreement or associated conservation plan after consultation with the Conservation District. Any modification must meet WBP program objectives, and must be in compliance with this part. ...


that the agreement no longer contains the signatures of the persons required by Sec. 633.6(a) to sign the agreement, the agreement shall be modified to reflect the...


the agreement, consent to the termination of the agreement where: (1) The parties to the agreement are unable to comply with the terms of the agreement as the result...


the parties to the agreement shall be given reasonable notice and an opportunity to voluntarily correct the violation within 30 days of the date of the notice, or such...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR633.14] [Page 418] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 633_WATER BANK PROGRAM--Table of Contents Sec. 633.14 Debt collection. Any debts arising under this program are governed with respect to their collection by the Federal Claims Collection Act of 1966 (31 U.S.C. 3701) and the regulations found in 4 CFR chapter II. ...


to State land and without regard to any claim or lien against any crop, or proceeds thereof, which may be asserted by any creditor, except as provided in paragraph (b) of...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR633.16] [Page 418] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 633_WATER BANK PROGRAM--Table of Contents Sec. 633.16 Assignments. Any person entitled to any cash payment under this program may assign the right to receive such cash payments, in whole or in part. ...


this program in accordance with part 614 of this chapter. (b) Before a person may seek judicial review of any action taken under this part, the person must exhaust...


defeat the purposes of this part, any part of any program payment otherwise due or paid such person during the applicable period may be withheld or be required to be refunded...


part is for the U.S. Department of Agriculture (USDA), with the concurrence of the U.S. Environmental Protection Agency (EPA), to set forth regulations to carry out a Rural...


source pollutants to improve water quality in rural areas to meet water quality standards or water quality goals. The objective is to be achieved in the...


Secretary of Agriculture, with the concurrence of the Administrator, EPA, administers RCWP. The Secretary of Agiculture has delegated responsibility for administration of...


(EPA) will-- (1) Approve 208 water quality management plans, (2) Participate in the National and State Rural Clean Water Coordinating Committees, ...


adequate level of participation is reached when participants, having control of 75 percent of the identified critical area or source of the pollution problem in...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR634.10] [Page 425] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 634_RURAL CLEAN WATER PROGRAM--Table of Contents Subpart B_Project Authorization and Funding Sec. 634.10 Applicability. RCWP is applicable in project areas that meet the criteria for eligibility contained in Sec. 634.12 and are authorized for funding by the Administrator, NRCS. ...


provisions of the program are subject to the appropriation of funds by Congress to the U.S. Department of Agriculture. (b) The allocation of funds to the administering agencies...


those project areas which are included in an approved agricultural portion of a 208 water quality management plan, or revised portions thereof, and have identified...


SRCWCC is to assure that a process exists to prepare the RCWP project applications for submission by the Governor in order of priority to the Administrator, NRCS, through the...


(a) In reviewing applications and recommending priorities, the NRCWCC will consider the following: (1) Severity of the water quality problem caused by agricultural...


upon receiving notice of an approved project, is to enter into a grant agreement with the administering agency, except in those cases where USDA is to...


orders. Work on a project or on a portion or phase of a project for which a grant has been awarded, may be suspended by order of the State Conservationist, NRCS....


(a) Termination agreement or notice. (1) The State Conservationist, NRCS, may, based on evidence of failure to comply with the terms of the grant agreement, issue a notice of...


RCWP project is terminated by the State Conservationist because an adequate level of participation cannot be achieved. Upon this determination, the State Conservationist shall publish...


(a) The maximum total life of a project shall be fifteen (15) years or less. (b) The allowable contracting period may be increased if an adequate level of participation...


to privately owned land. Land owned by corporations whose ownership is public (i.e., their stock is publicly traded over the market) is eligible for program assistance only...


operator whose land or activities in a project area is contributing to the area's agricultural nonpoint source water quality problems and who has an approved water quality...


or operators must apply for RCWP assistance through the office of the administering agency or its designee(s) by completing the prescribed application form. (b)...


water quality plan, developed with technical assistance by the NRCS or its designee, is to include appropriate BMP's identified in the approved agricultural portion of the...


cost (including labor) to be cost shared shall be that part which the Secretary determines is necessary and appropriate. The value of land upon which BMP's are applied, or...


RCWP, a landowner or operator must enter into a contract in which he or she agrees to apply his or her water-quality plan. Any person who controls, or shares control, of the...


administering agency may modify contracts previously entered into if it is determined to be desirable to carry out the purposes of the program, facilitate the practical...


are to obtain or contract for materials or services as needed to install BMPs. Federal Cost-share payments are to be made by the administering agency upon certification...


(a) The participant may, prior to execution of the contract, request that the administering agency review or reconsider criteria being used in developing his or...


The following actions constitute violation of a contract by a participant: (1) Knowingly or negligently damaging or causing BMP's to become impaired. ...


The participant in a USDA-administered RCWP project may appeal decisions of the administering agency in accordance with part 614 of this title. [60 FR 67316, Dec....


(a) Scope. This section prescribes the regulations dealing with contract violations. The Administrator, NRCS, reserves the right to revise or supplement any of the provisions of...


accounting will be in conformance with Office of Management & Budget Circular A-102, (Rev.); U.S. Department of Health, Education & Welfare Brochure OASC-10, Federal...


(a) Comprehensive USDA/EPA joint water quality monitoring, evaluation, and analysis. (1) Representative RCWP project areas will be selected to evaluate...


wildlife, wetland wildlife, threatened and endangered species, fish, and other types of wildlife. (b) The regulations in this part set forth the requirements for...


and direction of the Chief, NRCS. (b) The State Conservationist will consult with the State Technical Committee in the implementation of...


person delegated authority to act for the Chief. Conservation district means a political subdivision of a State, Native American Tribe, or territory, organized pursuant to the...


agree to comply with a WHDP, as described in Sec. 636.7; [[Page 441]] (2) Enter into a cost-share agreement for the development of wildlife as described in Sec....


Chief may limit program implementation in any given year to specific geographic areas or to address specific habitat development needs of targeted species of...


practices as provided in the WHDP; NRCS shall offer to pay no more than 75 percent of the cost of establishing such practices. The cost-share payment to a participant shall...


of NRCS or other public or private natural resource professionals, and the WHDP is approved by the participant, NRCS, and the local conservation district. A...


application for participation in the WHIP at a USDA office or to an NRCS representative. (b) A WHIP cost-share agreement shall: (1) Incorporate all portions of...


to a WHDP where such modifications are acceptable to the parties. (b) NRCS may approve modifications to the cost-share agreement where such modifications...


the land changes during the term of the cost-share agreement, NRCS shall modify the cost-share agreement to reflect the new interested persons and new divisions of payments....


the parties to the cost-share agreement, consent to the termination of the contract where: (1) The parties to the cost-share agreement are unable to comply with...


a cost-share agreement or documents incorporated by reference into the cost-share agreement, NRCS may give the parties to the cost-share agreement reasonable notice and...


represented any fact affecting a program determination made in accordance with this part shall not be entitled to cost-share agreement payments and must refund...


or portion thereof to any person shall be made without regard to questions of [[Page 444]] title under State law and without regard to any claim or lien...


in this program in accordance with part 614 Part C of this title, except as provided in paragraph (b) of this section. (b) In accordance with the provisions...


seq.; Executive Order 11514 (Rev.); 16 U.S.C. 1001-1008; 7 U.S.C. 1010-1011; 16 U.S.C. 590 a-f, q.; 7 CFR 2.62, unless otherwise noted. Source: 44 FR 50579, Aug. 29,...


all NRCS-assisted programs including the uninstalled parts of approved projects that are not covered by environmental documents prepared under previous rules for compliance...


mission is to provide assistance that will allow use and management of ecological, cultural, natural, physical, social, and economic resources by striving for a balance...


the following terms or phrases appear in 40 CFR part 1508, CEQ regulations. These terms are important in the understanding and implementation of this rule. These definitions are...


(a) General. Environmental evaluation (EE) integrates environmental concerns throughout the planning, installation, and operation of NRCS- assisted projects. The EE applies to...


programs or parts of programs do not normally create significant individual or cumulative impacts on the human environment. Therefore, an EA or EIS is not needed. These are...


categories of NRCS action used to determine whether or not an EIS is to be prepared. (a) An EIS is required for: (1) Projects that include stream channel realignment...


An environmental assessment (EA) is to be prepared for: (a) Land and water resource projects that are not included in Sec. 650.7(a) (1) through (4) for which...


(a) Lead agency. (1) NRCS is to be the lead agency for actions under programs it administers. If the actions affect more than one State, the NRCS Administrator is to designate one...


(a) If NRCS adopts an EIS prepared by another Federal or State agency, the RFO is to review the document to insure that it meets the requirements of the...


is to use the following documents in compliance with NEPA (see Sec. 650.4): (1) Environmental assessments (EA) (2) Environmental impact statements (EIS) ...


purpose of these procedures is to insure that environmental information is provided to decision makers in a timely manner. The NEPA process is a part of NRCS decisionmaking....


the requirements of 40 CFR 1503, 1506.10 and 1506.11, NRCS will take the following steps in distributing EIS's for review and comment: (a) Draft EIS's. Five copies of...


agencies. Authority: Pub. L. 86-523, 74 Stat. 220 as amended, Pub. L. 93-291, 88 Stat. 174 (16 U.S.C. 469); Pub. L. 89-665, 80 Stat. 915 (16 U.S.C. 470); Pub....


Agency (EPA) and related State environmental agencies. (a) Background. The authorities and missions of NRCS, EPA, and state environmental agencies make...


and animals. (a) Background. (1) A variety of plant and animal species of the United States are so reduced in numbers that they are threatened with extinction....


Natural areas are defined as land or water units where natural conditions are maintained insofar as possible. Natural conditions usually result from allowing ordinary physical...


(a) Background. Contributions to scenic beauty are a normal product of NRCS work. Strip-cropping, field borders, field windbreaks, and ponds are examples. Emphasis is given to those...


planning, flood plains can be managed to reduce the [[Page 464]] threat to human life, health, and property in ways that are environmentally sensitive. Most...


definitions apply to this part and all documents issued in accordance with this part, unless specified otherwise: Approved list means the list of individuals, private...


this part set forth the policies, procedures, and requirements related to delivery of technical assistance by individuals and entities other than the Department,...


in this part, the Department will provide technical assistance to program participants directly, or at the option of the program participant, through a technical service...


(a) All technical services provided by technical service providers must meet USDA standards and specifications as set forth in Departmental manuals, handbooks, guides, and...


services. (a) Program participants may obtain technical assistance directly from the Department or from a certified technical service provider. (b) To...


(a) The Department may procure the services of certified technical service providers through a contract or a contribution agreement to assist the Department in...


will review, in consultation with the Farm Service Agency, as appropriate, the quality of the technical services provided by technical service providers. As a requirement...


State, Local and Tribal Government Partners. (a) In carrying out its duties to deliver technical services, the Department may enter into agreements, as...


(a) To qualify for certification an individual must: [[Page 473]] (1) Have the technical training, education, or experience to perform the level...


(a) In order to be considered for certification as a technical service provider, an individual must: (1) Submit an Application for Certification to NRCS in...


(a) A private sector entity that applies for certification must identify, and provide supporting documentation, that an individual, or individuals,...


(a) A public agency that applies for certification must identify, and provide supporting documentation, that an individual or individuals authorized to act on...


(a) NRCS may enter into an agreement, including a memorandum of understanding or other appropriate instrument, with a recommending organization that...


certifications are in effect for three years and automatically expire unless they are renewed for an additional three years in accordance with this section. (b) A...


the public interest, it is the policy of NRCS to maintain certification of those technical service providers who act responsibly in the provision of technical service,...


A State Conservationist, in whose State a technical service provider is certified to provide technical service, may decertify the technical service provider, in accordance with...


The State Conservationist will send by certified mail, return receipt requested, to the technical service provider proposed for decertification a written Notice of...


To contest decertification, the technical service provider must submit in writing to the State Conservationist, within 20 calendar days from the date of receipt of the...


Within 30 calendar days from the date of the notice of proposed decertification, the State Conservationist will issue a written determination. If the State Conservationist decides...


(a) Within 20 calendar days from the date of receipt of the State Conservationist's decertification determination, the technical service provider may appeal, in writing, to...


The period of decertification will not exceed three years in duration and will [[Page 477]] be decided by the decertifying official, either the State...


(a) When the technical service provider is a private sector entity or public agency, the decertifying official may decertify the entire organization, including all the...


to decertify, the period of decertification, and scope of decertification, the deciding official will take into consideration any mitigating factors. Examples...


(a) The Department will not make payment under a program contract for the technical services of a decertified technical service provider that were provided during the period...


A technical service provider's failure to meet the filing deadlines under this subpart will result in the forfeiture of [[Page 478]] appeal rights. All filings must...


service provider may apply to be re- certified under the certification provisions of this part after the period of decertification has expired. A technical service...


conservation practices installed under all NRCS programs, and those practices applied under programs administered by the Agricultural Stabilization and Conservation Service (ASCS)...


They provide the guidance and direction needed to assure that the practices meet the intended purpose and are of the quality needed to assure lasting for the...


adaptation to meet local needs. These adaptations must be approved by the Administrator of the Natural Resources Conservation Service or...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR653.4] [Page 478] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 653_TECHNICAL STANDARDS--Table of Contents Sec. 653.4 Availability of technical standards. Information on technical standards used by NRCS is available at field, area, or State offices of NRCS. ...


the operation and maintenance requirements pertaining to measures installed with Natural Resources Conservation Service (NRCS) assistance. This includes measures installed under...


which project or measure benefits and costs have been evaluated. The evaluated life starts after the last project measure of the evaluation unit has been completed. ...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR654.10] [Page 480] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 654_OPERATION AND MAINTENANCE--Table of Contents Subpart B_Federal Financially-Assisted Projects Sec. 654.10 Operation and maintenance agreement. A duly authorized official of the sponsor(s) must execute an O&M agreement with NRCS prior to NRCS furnishing financial assistance. ...


(a) On non-Federal land, sponsor(s) are responsible for financing and performing without cost to the Federal Government, needed operation and maintenance (O&M) of project...


Sources of funds needed to operate and maintain project measures for the duration of the O&M agreement shall be identified in the watershed or RC&D...


maintenance. Those organizations or agencies responsible for the O&M of each project measure shall be identified in the watershed or RC&D...


(a) Sponsor(s)' responsibility for O&M of a completed project measure begins when a part of all of the contract installing such measure is completed and accepted from...


Sponsor(s) are to operate and maintain completed project measures in: (a) Compliance with applicable Federal, State, and local laws, regulations, and ordinances. ...


to: (a) Use real property acquired in whole or in part with Federal funds as long as needed for the purpose for which it was acquired and in accordance with the...


to make periodic and special inspections of installed project measures as provided in the plan of O&M. For structural measures, inspections are to be made at least annually...


The Natural Resources Conservation Service will assist the sponsor(s) in developing a watershed or RC&D measure plan which includes a description of O&M...


(a) The plan for O&M shall be incorporated into and made a part of the O&M agreement. A separate plan of O&M shall be prepared for each project measure that is expected to a have...


(a) The State Conservationist shall investigate alleged sponsor violations of the O&M agreement. If the State Conservationist determines that a violation...


The land user is responsible for O&M of soil and water conservation measures installed with NRCS assistance provided through soil, water, and other...


The method of performing O&M is to be at the option of the land user. The NRCS, working through districts, will furnish information and technical assistance as needed and requested...


(a) Non-Federal lands. The need for an O&M agreement will be determined by the State Conservationist. Where an O&M agreement is necessary, the sponsor(s) will...


(a) Arrangement. O&M is a prerequisite for approval of Federal emergency assistance when: (1) The emergency measure needs to be operated and maintained in order to...


Responsibility for practices under the Great Plains Conservation Program are contained in Sec. 631.10 of this chapter. [[Page 483]] ...


part prescribes Natural Resources Conservation Service (NRCS) policy, procedures, and guidelines for the implementation of archeological and historical laws and appropriate...


and Executive orders applicable to NRCS-assisted programs. (a) The Act of June 27, 1960, relating to the preservation of historical and archeological data, Pub....


recognizes that significant historical, archeological, and architectural resources are an important part of our national heritage, the protection of which requires...


any action that tends to impair the productive capacity of American agriculture. The Nation needs to know the extent and location of the best land for producing food, feed,...


keep current an inventory of the prime farmland and unique farmland of the Nation. This inventory is to be carried out in cooperation with other interested agencies at...


this memorandum do not constitute a designation of any land area to a specific land use. Such designations are the responsibility of appropriate local and...


Conservationist. Each NRCS State Conservationist is to: (1) Provide leadership for inventories of important farmlands for the State, county, or other subdivision of the State....


(a) Prime farmlands--(1) General. Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber,...


other Federal agencies, pursuant to section 1541(a) of the Farmland Protection Policy Act (FPPA or the Act) 7 U.S.C. 4202(a). As required by section 1541(b) of the Act,...


the Act or farmland that is determined by the appropriate state or unit of local government agency or agencies with concurrence of the Secretary to be farmland of statewide...


purpose of the Act is to minimize the extent to which Federal programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses....


use the criteria provided in Sec. 658.5 to identify and take into account the adverse effects of Federal programs on the protection of farmland. The agencies are...


4202(a). The criteria were developed by the Secretary of Agriculture in cooperation with other Federal agencies. They are in two parts, (1) the...


to provide technical assistance to any State or unit of local government, or any nonprofit organization, as determined by the Secretary, that desires to develop...


the Act, 7 U.S.C. 4203, states, ``Each department, agency, independent commission or other unit of the Federal Government, with the assistance of the Department of...


part is issued in accordance with the regulations of the Secretary of Agriculture at 7 CFR 1.1 through 1.16 implementing the Freedom of Information Act, 5 U.S.C. 552. The...


Natural Resources Conservation Service will make available for public inspection and copying those materials covered by 5 U.S.C. 552(a)(2) as set out in the...


Requests for records under 5 U.S.C. 552(a)(3) will be made in accordance with 7 CFR 1.3(a). The titles and mailing addresses of the officials in Natural Resources...


request for rec[chyph]ords above is denied shall have the right to appeal that denial in accordance with 7 CFR 1.3(e). All appeals shall be addressed to: Administrator,...


[Code of Federal Regulations] [Title 7, Volume 6] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR661.5] [Page 494] TITLE 7--AGRICULTURE CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE PART 661_PUBLIC INFORMATION AND RIGHT TO PRIVACY--Table of Contents Subpart A_Availability of Records and Materials Sec. 661.5 Exempt records. Records exempt under 5 U.S.C. 552(b) may be withheld in accordance with 7 CFR 1.11. ...


Conservation Service implementation of the Privacy Act of 1974, 5 U.S.C. 552a is contained in the regulations of the Secretary, 7 CFR 1.110 through 1.123. ...




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