[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: 7CFR652.4]

[Page 530-531]
 
                          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 will only pay a participant for technical 
services provided in accordance with established NRCS standards, 
specifications, and requirements. The Department must approve all new 
technologies and innovative practices, including interim standards and 
specifications, prior to a technical service provider initiating 
technical services for those technologies and practices.
    (c) A technical service provider must assume responsibility in 
writing for the particular technical services provided. Technical 
services provided by the technical service provider must:
    (1) Comply with all applicable Federal, State, Tribal, and local 
laws and requirements;
    (2) Meet applicable Department standards, specifications, and 
program requirements;
    (3) Be consistent with the particular conservation program goals and 
objectives for which the program contract was entered into by the 
Department and the participant; and
    (4) Incorporate alternatives that are both cost effective and 
appropriate to

[[Page 531]]

address the resource issues. Conservation alternatives will meet the 
objectives for the program and participant to whom assistance is 
provided.
    (d) Technical service providers are responsible for the technical 
services provided, including 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 
written 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 participant is responsible for complying with the terms and 
conditions of the program contract or written agreement, which includes 
meeting USDA technical standards and specifications for any technical 
services provided by a technical service provider.
    (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 participant.
    (h) To the extent allowed under State or Tribal law, technical 
service providers may utilize the services of subcontractors to provide 
specific technical services or expertise needed by the technical service 
provider, provided that the subcontractors are certified by NRCS in 
accordance with this part for the particular technical services to be 
provided and the technical services are provided in terms of their 
Certification Agreement. Payments will not be made for any technical 
services provided by uncertified subcontractors, except when such 
technical services are provided under the provisions of a procurement 
contract, cooperative agreement, or contribution agreement with the 
NRCS.