[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR623.2]

[Page 431-432]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 623_EMERGENCY WETLANDS RESERVE PROGRAM--Table of Contents
 
Sec. 623.2  Definitions.

    The following definitions shall be applicable for the purposes of 
this part:
    (a) Agricultural commodity--means any crop planted and produced by 
annual tilling of the soil, or on an annual basis by one trip planters, 
or alfalfa and other multiyear grasses and legumes in rotation as 
approved by the Secretary. For purposes of determining crop history, as 
relevant to eligibility to enroll land in the program, land shall be 
``considered planted to an agricultural commodity'' during a crop year 
if, as determined by ASCS, as action of the Secretary prevented land 
from being planted to the commodity during the crop year.
    (b) Applicant--means a person who submits to NRCS an application to 
participate in the EWRP.
    (c) Commodity Credit Corporation--a wholly owned government 
corporation within the U.S. Department of Agriculture.
    (d) Conservation District (CD)--means a subdivision of a State or 
local government organized pursuant to applicable State law to promote 
soil and water conservation practices.
    (e) Conservation Reserve Program--means the program under which 
long-term payments and cost-share assistance is provided to individuals 
to establish permanent vegetative cover on cropland that is highly 
erodible or environmentally sensitive.
    (f) Prior converted wetland--means wetland that has been drained, 
dredged, filled, leveled, or otherwise manipulated (including any 
activity that results in impairing or reducing the flow, circulation, or 
reach of water) prior to December 23, 1985, for the purpose, or that has 
the effect, of making the production of agricultural commodities 
possible if such production would not have been possible but for such 
action.
    (g) Cost-share payment--means the payment made by NRCS to assist 
program participants in establishing the practices required in a WRPO.
    (h) Chief--means the Chief of the Natural Resources Conservation 
Service, or the Chief's designee.
    (i) Easement--means the real property interest acquired by NRCS 
under this part for wetland restoration and maintenance and which is 
properly filed with the appropriate local or State government official.
    (j) Easement area--means the land to which the approved wetland 
restoration practices and wetland conservation restrictions are to be 
applied.
    (k) Fair market value (FMV)--means the price that a willing seller 
would accept and a willing buyer would pay in an open, informed 
transaction.
    (l) Farmed wetland--means wetland that was drained, dredged, filled, 
or otherwise manipulated prior to December 23, 1985 to the extent that 
the production of agricultural commodities was made possible, but which 
continues to meet wetland criteria [refer to 7 CFR 12.32(a)(3) for 
descriptions of farmed wetlands].
    (m) Floodwater control systems--means dikes, levees, or other 
similar structural measures for the protection of cropland from 
flooding.
    (n) FWS--means the Fish and Wildlife Service of the United States 
Department of the Interior.
    (o) Local NRCS office--means the office of the Natural Resources 
Conservation Service serving the county or combination of counties in 
which the landowner's farm or ranch is located.
    (p) Participant--means a person(s) owning land subject to a 
perfected easement purchased by the Natural Resources Conservation 
Service under this part.
    (q) Offer--means the total payment NRCS will make to a landowner to 
purchase an easement.
    (r) Permanent easement--means an easement in perpetuity.
    (s) Substantially altered lands--means lands which have not been and 
are not now wetlands but could likely develop wetland characteristics in 
the future,

[[Page 432]]

as a result of the Midwest floods of 1993.
    (t) Practice--means the wetland and easement area development 
restoration measures agreed to in the WRPO to accomplish the desired 
program objectives.
    (u) Technical assistance--means the assistance provided to land 
owners to facilitate implementation of the WRPO.
    (v) Wetland--means land that (1) has a predominance of hydric soils; 
(2) is inundated or saturated by surface or groundwater at a frequency 
and duration sufficient to support a prevalence of hydrophytic 
vegetation typically adapted for life in saturated soil conditions; and 
(3) does support a prevalence of such vegetation under normal 
circumstances.