[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: 7CFR633.2]

[Page 401-402]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 633--WATER BANK PROGRAM--Table of Contents
 
Sec. 633.2  Definitions.

    The following definitions shall be applicable to this part:
    Adjacent land means land on 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 migratory waterfowl. 
Adjacent land need not be contiguous to the land designated as wetland, 
but cannot be located more than one quarter of a mile away.
    Agreement means the document that specifies the obligations and 
rights of any person who has been accepted for participation in the WBP.
    Annual payment means the consideration paid to a participant each 
year for entering an agreement with the NRCS under the WBP.
    Chief means the Chief of the Natural Resources Conservation Service 
or the person delegated authority to act for the Chief.
    Conservation District is a subdivision of a State government 
organized pursuant to applicable State law to promote and undertake 
actions for the conservation of soil, water, and other natural 
resources.

[[Page 402]]

    Conservation plan means a written record of the land user's decision 
on the use and management of the wetland and adjacent areas covered by 
the agreement.
    Cost-share payment means the payment made by the NRCS to achieve the 
protection of the wetland functions and values of the agreement area in 
accordance with the conservation plan.
    Landowner means a person or persons having legal ownership of 
farmland, including those who may be buying farmland under a purchase 
agreement. Landowner may include all forms of collective ownership 
including joint tenants, tenants in common, and life tenants and 
remaindermen in a farm property.
    Natural Resources Conservation Service (NRCS) is an agency of the 
United States Department of Agriculture, formerly called the Soil 
Conservation Service.
    Operator means the person who is in general control of the farming 
operations on the farm during the crop year.
    Person means one or more individuals, partnerships, associations, 
corporations, estates or trusts, or other business enterprises or other 
legal entities and, whenever applicable, a State, a political 
subdivision of a State, or any agency thereof.
    Practice means a measure necessary or desirable to accomplish the 
desired program objectives.
    State Technical Committee means a committee established by the 
Secretary of the United States Department of Agriculture in a State 
pursuant to 16 U.S.C. 3861. The State Conservationist will be the 
chairperson of the State Technical Committee.
    U.S. Fish and Wildlife Service is an agency of the United States 
Department of the Interior.
    Wetlands mean the inland fresh areas defined under 16 U.S.C. 1302 
and described as types 1 through 7 in Circular 39, Wetlands of the 
United States, as published by the United States Department of the 
Interior.
    Wetlands functions and values mean the hydrological and biological 
characteristics of wetlands and the social worth placed upon these 
characteristics, including:
    (1) Habitat for migratory birds and other wildlife, in particular at 
risk species;
    (2) Protection and improvement of water quality;
    (3) Attenuation of water flows due to flooding;
    (4) The recharge of ground water;
    (5) Protection and enhancement of open space and aesthetic quality;
    (6) Protection of flora and fauna which contributes to the Nation's 
natural heritage; and
    (7) Contribution to educational and scientific scholarship.
    WBP means the Water Bank Program.