§ 634.5 - Definitions.

§ 634.5 Definitions.

(a) Adequate level of participation. An 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 the project area, are under contract. Exceptions may be made where the approved agricultural portion of the 208 plan provides data and analyses which indicate that a greater or lesser percentage of the critical area or source treated is needed to attain water quality standards or water quality goals. Fifty (50) percent of the adequate level of participation is to be achieved within 3 years; the remainder within 5 years.

(b) Administering agency. A soil conservation district, State soil and water conservation agency, or State water quality agency that enters into an agreement with the State Conservationist, NRCS, to administer assigned responsibilities for RCWP projects; or ASCS, when USDA retains contract administration.

(c) Administrative cost. Grant and fund transfer costs, including allowable costs incurred by the Administering agency in contract administration. These costs, indirect and direct, include charges for personnel, travel, materials, and supplies. The costs are limited to a maximum of 5 percent of the Federal share for BMP cost.

(d) Agreement. A legal instrument reflecting the relationship between NRCS and the administering agency for performance of RCWP activities.

(e) Agricultural nonpoint source pollution. Pollution originating from existing nonpoint sources that are (a) agriculturally related, including runoff from animal waste disposal areas and from land used for livestock and crop production, or (b) silviculturally related pollution.

(f) Agricultural portion of a 208 plan. That portion of the 208 plan that deals with agriculture and those silvicultural activities related to farming and ranching enterprises.

(g) Appeals board. A group of three or more individuals, including a hearing officer, established by the administering agency with the concurrence of the State conservationist, NRCS, to review asserted contract violations, hear associated appeals, and report its findings, conclusions, decisions, and recommendations in State or locally administered projects.

(h) Average cost. The calculated cost, determined by recent actual local costs and current cost estimates, considered necessary for carrying out BMP's or an identifiable unit thereof.

(i) Best Management Practice (BMP). A single practice or a system of practices included in the approved RCWP application that reduces or prevents agricultural nonpoint source pollution to improve water quality.

(j) BMP cost. The amount of money actually paid or obligated to be paid by the participant for equipment use, materials, and services for carrying out BMP's or an identifiable unit of a BMP. If the participant uses his or her own resources, the cost includes the computed value of his or her own labor, equipment use, and materials.

(k) Contract. The legal document, that includes the water-quality plan and is executed by the participant and the administering agency. It details the agreement between parties for carrying out BMP's on the participant's land.

(l) Cost-share level. The percentage of the total cost of installing BMP's included in the participant's contract that is paid by the administering agency.

(m) Critical areas or sources. Those finite areas or sources of agricultural nonpoint source pollutants identified as having the most significant impact on the quality of the receiving waters.

(n) Federal Management Circular FMC 74-4. “Cost Principles Applicable to Grants and Contracts with State and Local Governments.”

(o) Financal burden. The participant's contribution to the total cost of BMP's that would be inequitable or probably prevent participation in RCWP.

(p) Identifiable unit. A component of a BMP that can be clearly identified in carrying out BMP's in the water quality plan.

(q) Letter of Credit - Treasury Regional Disbursing Officer System. The system whereby the letters of credit are maintained and serviced by Treasury disbursing centers and Treasury regional disbursing officers.

(r) Management agency. The Federal, State, interstate, regional, or local agency designated by the Governor to carry out the approved agricultural portion of the 208 water-quality management plan.

(s) OMB Circular A-34. “Instructions on Budget Execution.”

(t) OMB Circular A-102 (Rev.) Office of Management and Budget Uniform Administrative Requirements for Grants-in-Aid to State and local governments.

(u) Offsite benefits. Those favorable effects of BMP's that occur away from the land of the participant receiving RCWP assistance and accrue to the public as a result of improved water quality.

(v) Participant. A landowner or operator who applies for and receives assistance under RCWP.

(w) Participants water quality plan. The plan which identifies critical agricultural nonpoint source(s) of water quality problems and sets forth BMP's which contribute to meeting the water quality objectives of the project.

(x) Privately owned rural land. Those lands not held by Federal, State, or local governments which include cropland, pastureland, forest land, rangeland, and other associated lands.

(y) RCWP projects. The total system of BMP's, institutional arrangements, and technical, cost-sharing, and administrative assistance activities that are authorized in a RCWP project area.

(z) Standards and specifications. Requirements that establish the minimum acceptable quality level for planning, designing, installing, and maintaining BMP's.

(aa) State. Any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands.

(bb) Technical assistance cost. Those direct and indirect costs associated with the preparation and review of participant water quality plans; design, layout and application of BMP's; and investigations associated with monitoring and evaluating progress toward meeting project objectives.

(cc) Treasury Circular 1075 (Rev.). Uniform Administrative Requirements for Grants-in-Aid to State and local governments.