[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: 7CFR632.4]

[Page 461-462]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 632_RURAL ABANDONED MINE PROGRAM--Table of Contents
 
                            Subpart A_General
 
Sec. 632.4  Definitions.

    Abandoned mined lands. Unreclaimed coal-mined lands that existed 
before August 3, 1977, and for which there is no continuing reclamation 
responsibility on the part of a mine operator, permittee, or agent under 
State or Federal law or on the part of the State as a result of a bond 
forfeiture. See Sec. 632.13.
    Average costs. The calculated cost, determined by recent actual 
costs and current cost estimates, considered necessary for a land user 
to carry out a conservation practice or an identifiable unit of a 
conservation practice.
    Conservation district. A legal subdivision of State government 
responsible for developing and carrying out programs of soil and water 
conservation with which the Secretary of Agriculture cooperates under 
the Soil Conservation and Domestic Allotment Act of 1935.
    Conservation treatment. Specific conservation or reclamation 
practices applied to the land according to current standards and 
specifications in NRCS technical guides.
    Contract. A binding agreement between NRCS and the land user that 
includes the reclamation plan and provides for cost sharing the 
conservation treatment.
    Contracting officer. The NRCS official authorized to enter into and 
administer contracts for the Rural Abandoned Mine Program.
    Cost. The monetary amount actually paid or obligated to be paid by 
the land user for equipment use, materials, and services for carrying 
out a conservation practice or identifiable unit. If the land user uses 
his own resources, it includes the computed value of his labor, 
equipment use, and materials.
    Cost-share payments. Payments made to or on behalf of land users at 
established rates as specified in contracts for carrying out a 
conservation practice or an identifiable unit of such practices 
according to the contract.
    Financial burden. The land user's cost of reclamation that cannot be 
expected to be recovered within the contract period and that would 
probably prevent participation in the program. The land user must sign a 
statement to substantiate financial burden.
    Identifiable unit. A component of a conservation practice that can 
be clearly identified as a step in carrying out the conservation 
practice.
    Inadequately reclaimed. Lands or water that are mined for coal or 
are affected by mining conducted before August 3, 1977, which continue 
in their present condition to substantially degrade the quality of the 
environment, prevent or damage beneficial use of land or water 
resources, or endanger the health or safety of the public.
    Landrights. An interest acquired by fee simple title, easements, and 
rights-of-way to occupy or use land, buildings, structures, or other 
improvements.
    Land user. Any person, partnership, firm, company, corporation, 
association, trust, estate, other entity, or agent that owns or has 
management control of the surface rights of the land during the contract 
period or owns water rights on eligible lands. Also included are State 
or local public entities that own or control eligible land and water.
    Main benefits. The principal values or benefits that can be 
identified and/or quantified as a result of reclamation. Main offsite 
benefits are those values that accrue to surrounding land users or the 
public in general as a result of the reclamation. Main onsite benefits 
are those that accrue to the participant. Examples of principal values 
or benefits include but are not limited to human lives and property 
protected, reduction of erosion or sediment damage, elimination of 
public safety or health hazards, improvement of water quality, improved 
visual quality, improved fish or wildlife habitat, or restoration of 
beneficial uses of reclaimed areas.
    Reclamation committee. A committee on a local or State level 
consisting of representatives of Federal and State agencies and other 
organizations or individuals that have responsibilities or interest in 
abandoned mine reclamation. The committee provides guidance to NRCS on 
the operation of the Rural Abandoned Mine Program.
    Reclamation plan. A conservation and development plan as referred to 
in Pub. L. 95-87, consisting of a written record of land user decisions 
on proposed use,

[[Page 462]]

conservation treatment, and maintenance of eligible lands and water that 
will protect, enhance, and maintain the resource base. A reclamation 
plan contains pertinent soils data, a planned land use map or drawing, a 
record of use and treatment decisions including a schedule of 
conservation treatment, and other resource data as appropriate.
    Specified maximum costs. The maximum amount of cost-share money that 
is to be paid to a land user for carrying out a conservation practice or 
an identifiable unit of a conservation practice.
    Standards and specifications. Requirements that establish the 
acceptable quality level for planning, designing, and installing a 
conservation practice so it achieves its intended purpose. NRCS 
standards and specifications are contained in the NRCS field office 
technical guides and are designed to be sound and practicable under 
local conditions. Technical guides are on file in local NRCS field 
offices.
    Water rights. Any interest acquired in, priority established for, or 
permission obtained for the use of water.

[43 FR 44749, Sept. 28, 1978; 45 FR 65181, Oct. 2, 1980]