[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: 7CFR624.4]

[Page 439]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 624_EMERGENCY WATERSHED PROTECTION--Table of Contents
 
Sec. 624.4  Definitions.

    (a) Defensibility means the extent to which an action is:
    (1) More beneficial than adverse in the extent and intensity of its 
environmental and economic effects;
    (2) In compliance with Federal, State, and local laws;
    (3) Acceptable to affected individuals and communities;
    (4) Effective in restoring or protecting the natural resources;
    (5) Complete with all necessary components included; and
    (6) Efficient in achieving the desired outcome.
    (b) Exigency means those situations that demand immediate action to 
avoid potential loss of life or property, including situations where a 
second event may occur shortly thereafter that could compound the 
impairment, cause new damages or the potential loss of life if action to 
remedy the situation is not taken immediately.
    (c) Floodplain easement means a reserved interest easement, which is 
an interest in land, defined and delineated in a deed whereby the 
landowner conveys all rights and interest in the property to the 
grantee, but the landowner retains those rights, title, and interest in 
the property which are specifically reserved to the landowner in the 
easement deed.
    (d) Imminent threat means a substantial natural occurrence that 
could cause significant damage to property or threaten human life in the 
near future.
    (e)(1) Limited resource area is defined as a county where:
    (i) Housing values are less than 75 percent of the State housing 
value average; and
    (ii) Per capita income is 75 percent or less than the National per 
capita income; and
    (iii) Unemployment is at least twice the U.S. average over the past 
3 years based upon the annual unemployment figures.
    (2) NRCS will use the most recent National census information 
available when determining paragraphs (e)(1)(i) and (ii) of this 
section.
    (f) Natural occurrence includes, but is not limited to, floods, 
fires, windstorms, ice storms, hurricanes, typhoons, tornadoes, 
earthquakes, volcanic actions, slides, and drought.
    (g) Project sponsor means a State government or a State agency or a 
legal subdivision thereof, local unit of government, or any Native 
American tribe or tribal organization as defined in section 4 of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), 
with a legal interest in or responsibility for the values threatened by 
a watershed emergency; is capable of obtaining necessary land rights; 
and is capable of carrying out any operation and maintenance 
responsibilities that may be required.
    (h) Watershed emergency means adverse impacts to resources exist 
when a natural occurrence causes a sudden impairment of a watershed and 
creates an imminent threat to life or property.
    (i) Watershed impairment means the situation that exists when the 
ability of a watershed to carry out its natural functions is reduced to 
the point where an imminent threat to health, life, or property is 
created. This impairment can also include sediment and debris deposition 
in floodplains and upland portions of the watershed.