§ 704.2 - Definitions.

(a) The following definitions shall be applicable for the purposes of this part:

(1) Agricultural commodity means any crop planted and produced by annual tilling of the soil or on an annual basis by one-trip planters or sugar cane planted or produced in a State or alfalfa and other multiyear grasses and legumes in rotation, as approved by the Secretary;

(2) Annual rental payment means the annual payment specified in the CRP Contract which is made to a participant to compensate such participant for placing eligible cropland in the CRP;

(3) Applicant means a person who submits an offer to CCC to enter into a CRP Contract;

(4) Bid means the per acre rental payment requested by the owner or operator in such owner or operator's offer to participate in the CRP;

(5) Conservation District (CD) means a subdivision of a State organized pursuant to the applicable State Soil Conservation District Law;

(6) Conservation plan means the plan describing and scheduling the conservation practices which must be established on eligible cropland placed in the CRP in order for erosion on such land to be adequately controlled. The conservation plan shall include the approved vegetative cover and other required conservation practices necessary for the establishment and maintenance of vegetative cover;

(7) Commodity Credit Corporation (CCC) means a wholly-owned government corporation within the U.S. Department of Agriculture;

(8) CRP Contract means the approved agreement, including the conservation plan, entered into in writing between CCC and the participant which sets forth the terms and conditions for participation in the CRP established under this part;

(9) Cost-share payment means the payment made by CCC to assist program participants in establishing the conservation practices eligible for cost-share assistance and required in the CRP Contract;

(10) Department means the United States Department of Agriculture and includes CCC;

(11) Eligible cropland means highly erodible land which meets the requirements of § 704.7;

(12) Erodibility index (EI) means the factor calculated by the Natural Resources Conservation Service (NRCS) of the U.S. Department of Agriculture which is used to determine the inherent erodibility that a soil possesses without management by dividing the potential average annual rate of erosion for each soil by the predetermined soil loss tolerance (T) value for the soil;

(13) Field means a part of a farm which is separated from the balance of the farm by permanent boundaries such as fences, roads, permanent waterways, woodlands, or corp line in cases where the predominantly eligible cropland and farming practices make it a manageable unit and probable that such crop line is not subject to change during the duration of the contract, or other similar features;

(14) Field windbreak means a vegetative barrier with a linear configuration composed of trees or shrubs planted for the purpose of wind erosion control;

(15) Local FSA office means the county office of the Farm Service Agency serving the county or a combination of counties in the area in which the landowner's farm or ranch is located;

(16) Manageable unit means a part of a field that can be farmed in a normal manner;

(17) Operator means a person who is in general control of the farming operations on the farm;

(18) Owner means a person who has legal ownership of farmland including a person who is buying farmland under a purchase agreement;

(19) Participant means an owner or operator who has entered into a CRP Contract;

(20) Person means an individual, partnership, association, corporation, estate or trust, or other business enterprise or other legal entity and, whenever applicable, a State, a political subdivision of a State, or any agency thereof;

(21) Secretary means the Secretary of the U.S. Department of Agriculture;

(22) Soil Loss Tolerance (T) represents the maximum level of annual soil erosion that will permit a high level of crop productivity to be sustained economically and indefinitely;

(23) Technical assistance means the assistance provided to owners or operators by a representative of the Department or as otherwise authorized by the Secretary in classifying cropland, developing conservation plans, inspecting eligibility of a designated area, and implementing and certifying conservation practices;

(24) Tree planting plan means the plan that sets forth the silvicultural treatment necessary for planting trees, in order to obtain adequate erosion control on eligible cropland. The plan shall include site location, number of acres, requirements for site preparation, tree species and specifications, planting dates, pre- and post-care of nursery stock, and maintenance to ensure survival; and

(25) Vegetative cover means perennial or permanent grasses, legumes, forbs, and shurbs with a lifespan of 5 or more years, or trees.

(b) In the regulations in this part and in all instructions, forms, and documents in connection therewith, all other words and phrases specifically relating to FSA operations shall, unless the context of subject matter otherwise requires, have the meanings assigned to them in the regulations governing reconstitution of farms, allotments and bases, 7 CFR part 719.