[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR614.2]

[Page 360-361]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 614--APPEAL PROCEDURES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 614.2  Definitions.

    Adverse technical determination or decision includes, in addition to 
the definition of adverse decision in 7 CFR part

[[Page 361]]

11, an NRCS technical determination or decision that affects the legal 
substantive status of the land, though it may not necessarily be 
adverse.
    Chief means the Chief of NRCS. For the purposes of this part, the 
term ``Chief'' includes an official of NRCS national headquarters 
designated by the Chief to act for the Chief in making decisions under 
this part.
    Conservation district means any district or unit of State or local 
government formed under State law 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, natural resource district, land 
conservation committee, or a similar name.
    County committee means a Farm Service Agency (FSA) county or area 
committee established in accordance with section 8(b) of the Soil 
Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)).
    Decision means a conclusion reached by an NRCS official based on 
applicable regulations and program instructions which relates to 
eligibility for program benefits, including a technical determination 
used as a basis for the decision.
    Designated conservationist means the NRCS official, usually the 
district conservationist, whom the State Conservationist designates to 
be responsible for the program or compliance requirement to which this 
part is applicable.
    Mediation means a process in which a neutral third party, the 
mediator, meets with the disputing parties (e.g., the landowner or 
program participant and the agency), facilitates discussions, and works 
with the parties to resolve their disputes, narrow areas of 
disagreement, and improve communications and relationships. A mediator 
has no authority to render a decision or determination.
    Preliminary technical determination means the initial written 
technical determination provided to a client which will become final 
after 30 days unless the client takes action in accordance with 
Sec. 614.101 to stay the preliminary technical determination from 
becoming final.
    State Conservationist means the NRCS official in charge of NRCS 
operations within a State, as set forth in part 600 of this chapter.
    Technical determination means a conclusion concerning the status and 
condition of the natural resources and cultural practices based on 
science and best professional judgment of natural resource professionals 
concerning the soils, water, air, plants, and animals.
    Refer to 7 CFR 11.1 for other definitions applicable to appeals of 
adverse technical determinations and decisions covered by this part.