[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: 7CFR652.4]

[Page 457]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 652--TECHNICAL SERVICE PROVIDER ASSISTANCE--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 652.4  Technical service standards.

    (a) All technical services provided by technical service providers 
must meet USDA standards and specifications as set forth in Departmental 
manuals, handbooks, guides, and other references for soils mapping and 
natural resources information, conservation planning, conservation 
practice application, and other areas of technical assistance.
    (b) The Department must approve all new technologies and innovative 
practices, including applicable standards and specifications, prior to a 
technical service provider initiating technical services for those 
technologies and practices.
    (c) Pursuant to any contract or agreement with NRCS or with the 
program participant, the technical service provider must warrant in 
writing that the particular technical service provided:
    (1) Complies with all applicable Federal, State, Tribal, and local 
laws and requirements;
    (2) Meets applicable Department standards, specifications, and 
program requirements;
    (3) Is consistent with the particular conservation program goals and 
objectives for which the program agreement or contract was entered into 
by the Department and the program participant; and
    (4) Incorporates, where appropriate, low-cost alternatives that 
would address the resource issues and meet the objectives of both the 
program and program participants for which assistance is provided.
    (d) Technical service providers, including entities and public 
agencies, must assume all legal responsibility for the technical 
services provided. Technical service providers, including entities and 
public agencies, must indemnify and hold the Department and the program 
participant harmless for any costs, damages, claims, liabilities, and 
judgments arising from past, present, and future negligent or wrongful 
acts or omissions of the technical service provider in connection with 
the technical service provided.
    (e) The Department will not be in breach of any program contract or 
agreement if it fails to implement conservation plans or practices or 
make payment for conservation plans or practices resulting from 
technical services that do not meet USDA standards and specifications or 
are not consistent with program requirements.
    (f) The program participant is responsible for complying with the 
terms and conditions of the program contract or agreement, which 
includes meeting USDA technical standards and specifications for any 
technical services procured by the participant or obtained in accordance 
with this part.
    (g) The technical service provider shall report in the NRCS 
conservation accomplishment tracking system the appropriate data 
elements associated with the technical services provided to the 
Department or program participant.