[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1465.3]

[Page 654-655]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1465_AGRICULTURAL MANAGEMENT ASSISTANCE--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  1465.3  Definitions.

    The following definitions apply to this part and all documents 
issued in accordance with this part, unless specified otherwise:
    Applicant means an agricultural producer who has requested in 
writing to participate in the AMA Program. Producers who are members of 
a joint operation shall be considered one applicant.
    Chief means the Chief of NRCS, or designee.
    Conservation district means a political subdivision of a State, 
Indian tribe, or territory, organized pursuant to the State or 
territorial soil conservation district law, or tribal law. The 
subdivision may be a conservation district, soil conservation district, 
soil and water conservation district, resource conservation district, 
natural resource district, land conservation committee, or similar 
legally constituted body.
    Conservation plan means a record of the participant's decisions, and 
supporting information, for treatment of a unit of land or water, and 
includes the schedule of operations, activities, and estimated 
expenditures needed to solve identified natural resource concerns.
    Conservation practice means a specified treatment, such as a 
structural or vegetative practice or a land management practice, which 
is planned and

[[Page 655]]

applied according to NRCS standards and specifications.
    Contract means a legal document that specifies the rights and 
obligations of any person who has been accepted for participation in the 
AMA Program.
    Cost-share payment means the financial assistance from NRCS to the 
participant to share the cost of installing eligible practices.
    Designated conservationist means an NRCS employee whom the State 
conservationist has designated as responsible for administration of the 
AMA Program.
    Indian tribe means any Indian tribe, band, nation, or other 
organized group or community which is recognized as eligible for the 
special assistance and services provided by the United States to Indians 
because of their status as Indians.
    Indian trust lands means real property in which the United States 
holds title as trustee for an Indian or tribal beneficiary, or a Indian 
or tribal beneficiary holds title and the United States maintains a 
trust relationship.
    Life-span means the minimum time period in which the conservation 
practices are to be maintained and used for their intended purpose.
    Liquidated damages means a sum of money stipulated in the contract 
that the participant agrees to pay if the participant breaches the 
contract. The sum represents an estimate of the anticipated or actual 
harm caused by the breach, and reflects the difficulties of proof of 
loss and the inconvenience or non-feasibility of otherwise obtaining an 
adequate remedy.
    Operation and maintenance means work that is to be performed by the 
participant to keep the applied conservation practice functioning for 
the intended purpose during its life span. Operation includes the 
administration, management, and performance of non-maintenance actions 
needed to keep the completed practice safe and functioning as intended. 
Maintenance includes work to prevent deterioration of the practice, 
repairing damage, or replacement of the practice to its original 
condition if one or more components fail.
    Participant means a producer who is a party to an AMA contract.
    Producer means a person who is engaged in agricultural production.
    Secretary means the Secretary of the United States Department of 
Agriculture.
    State Conservationist means the NRCS employee authorized to direct 
and supervise NRCS activities in a State, the Caribbean Area, or the 
Pacific Basin Area.
    State Technical Committee means a committee established by the 
Secretary in a State pursuant to 16 U.S.C. 3861.
    Technical assistance means the personnel and support resources 
needed to conduct conservation practice survey, layout, design, 
installation, and certification; training and providing quality 
assurance for professional conservationists; and evaluation and 
assessment of the AMA Program.
    Unit of concern means a parcel of agricultural land that has natural 
resource conditions that are of concern to the participant.