
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3801]

 
                         TITLE 16--CONSERVATION
 
 CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
 
                        SUBCHAPTER I--DEFINITIONS
 
Sec. 3801. Definitions

    (a) For purposes of subchapters I through V of this chapter:
        (1) The term ``agricultural commodity'' means--
            (A) any agricultural commodity planted and produced in a 
        State by annual tilling of the soil, including tilling by one-
        trip planters; or
            (B) sugarcane planted and produced in a State.

        (2) Conservation plan.--The term ``conservation plan'' means the 
    document that--
            (A) applies to highly erodible cropland;
            (B) describes the conservation system applicable to the 
        highly erodible cropland and describes the decisions of the 
        person with respect to location, land use, tillage systems, and 
        conservation treatment measures and schedule; and
            (C) is approved by the local soil conservation district, in 
        consultation with the local committees established under section 
        590h(b)(5) of this title and the Secretary, or by the Secretary.

        (3) Conservation system.--The term ``conservation system'' means 
    a combination of 1 or more conservation measures or management 
    practices that--
            (A) are based on local resource conditions, available 
        conservation technology, and the standards and guidelines 
        contained in the Natural Resources Conservation Service field 
        office technical guides; and
            (B) are designed to achieve, in a cost effective and 
        technically practicable manner, a substantial reduction in soil 
        erosion or a substantial improvement in soil conditions on a 
        field or group of fields containing highly erodible cropland 
        when compared to the level of erosion or soil conditions that 
        existed before the application of the conservation measures and 
        management practices.

        (4) The term ``conservation district'' means any district or 
    unit of State or local government formed under State or territorial 
    law for the express purpose of developing and carrying out a local 
    soil and water conservation program. Such district or unit of 
    government may be referred to as a ``conservation district'', ``soil 
    conservation district'', ``soil and water conservation district'', 
    ``resource conservation district'', ``natural resource district'', 
    ``land conservation committee'', or a similar name.
        (5) The term ``cost sharing payment'' means a payment made by 
    the Secretary to an owner or operator of a farm or ranch containing 
    highly erodible cropland under the provisions of section 3834(b) of 
    this title.
        (6)(A) The term ``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) for the purpose or to have the 
    effect of making the production of an agricultural commodity 
    possible if--
            (i) such production would not have been possible but for 
        such action; and
            (ii) before such action--
                (I) such land was wetland; and
                (II) such land was neither highly erodible land nor 
            highly erodible cropland.

        (B) Wetland shall not be considered converted wetland if 
    production of an agricultural commodity on such land during a crop 
    year--
            (i) is possible as a result of a natural condition, such as 
        drought; and
            (ii) is not assisted by an action of the producer that 
        destroys natural wetland characteristics.

        (7) Field.--The term ``field'' means a part of a farm that is 
    separated from the balance of the farm by permanent boundaries such 
    as fences, roads, permanent waterways, or other similar features. At 
    the option of the owner or operator of the farm, croplines may also 
    be used to delineate a field if farming practices make it probable 
    that the croplines are not subject to change. Any highly erodible 
    land on which an agricultural commodity is produced after December 
    23, 1985, and that is not exempt under section 3812 of this title, 
    shall be considered as part of the field in which the land was 
    included on December 23, 1985, unless the owner and Secretary agree 
    to modification of the boundaries of the field to carry out this 
    chapter.
        (8) The term ``highly erodible cropland'' means highly erodible 
    land that is in cropland use, as determined by the Secretary.
        (9)(A) The term ``highly erodible land'' means land--
            (i) that is classified by the Soil Conservation Service as 
        class IV, VI, VII, or VIII land under the land capability 
        classification system in effect on December 23, 1985; or
            (ii) that has, or that if used to produce an agricultural 
        commodity, would have an excessive average annual rate of 
        erosion in relation to the soil loss tolerance level, as 
        established by the Secretary, and as determined by the Secretary 
        through application of factors from the universal soil loss 
        equation and the wind erosion equation, including factors for 
        climate, soil erodibility, and field slope.

        (B) For purposes of this paragraph, the land capability class or 
    rate of erosion for a field shall be that determined by the 
    Secretary to be the predominant class or rate of erosion under 
    regulations issued by the Secretary.
        (C) Equations.--Not later than 60 days after the date of 
    enactment of this subparagraph, the Secretary shall publish in the 
    Federal Register the universal soil loss equation and wind erosion 
    equation used by the Department of Agriculture as of that date. The 
    Secretary may not change the equations after that date except 
    following notice and comment in a manner consistent with section 553 
    of title 5.
        (10) The term ``hydric soil'' means soil that, in its undrained 
    condition, is saturated, flooded, or ponded long enough during a 
    growing season to develop an anaerobic condition that supports the 
    growth and regeneration of hydrophytic vegetation.
        (11) The term ``hydrophytic vegetation'' means a plant growing 
    in--
            (A) water; or
            (B) a substrate that is at least periodically deficient in 
        oxygen during a growing season as a result of excessive water 
        content.

        (12) The term ``in-kind commodities'' means commodities that are 
    normally produced on land that is the subject of an agreement 
    entered into under subchapter IV of this chapter.
        (13) The term ``rental payment'' means a payment made by the 
    Secretary to an owner or operator of a farm or ranch containing 
    highly erodible cropland to compensate the owner or operator for 
    retiring such land from crop production and placing such land in the 
    conservation reserve in accordance with subchapter IV of this 
    chapter.
        (14) The term ``Secretary'' means the Secretary of Agriculture.
        (15) The term ``shelterbelt'' means a vegetative barrier with a 
    linear configuration composed of trees, shrubs, and other approved 
    perennial vegetation.
        (16) The term ``State'' means each of the 50 States, the 
    District of Columbia, the Commonwealth of Puerto Rico, Guam, the 
    Virgin Islands of the United States, American Samoa, the 
    Commonwealth of the Northern Mariana Islands, or the Trust Territory 
    of the Pacific Islands.
        (17) The term ``vegetative cover'' means--
            (A) perennial grasses, legumes, forbs, or shrubs with an 
        expected life span of 5 or more years; or
            (B) trees.

        (18) The term ``wetland'', except when such term is part of the 
    term ``converted wetland'', means land that--
            (A) has a predominance of hydric soils;
            (B) 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
            (C) under normal circumstances does support a prevalence of 
        such vegetation.

    For purposes of this Act, and any other Act, this term shall not 
    include lands in Alaska identified as having high potential for 
    agricultural development which have a predominance of permafrost 
    soils.

    (b) The Secretary shall develop--
        (1) criteria for the identification of hydric soils and 
    hydrophytic vegetation; and
        (2) lists of such soils and such vegetation.

(Pub. L. 99-198, title XII, Sec. 1201, Dec. 23, 1985, 99 Stat. 1504; 
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 714; Pub. L. 101-624, 
title XIV, Sec. 1421(a), Nov. 28, 1990, 104 Stat. 3572; Pub. L. 104-127, 
title III, Sec. 301(a)-(c), Apr. 4, 1996, 110 Stat. 980, 981.)

                       References in Text

    This chapter, referred to in subsec. (a)(7), was in the original 
``this title'', meaning title XII of Pub. L. 99-198, which enacted this 
chapter and section 2005a of this title and amended sections 590g, 2004, 
2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, 
Agriculture, and provisions set out as a note under section 1981 of 
Title 7.
    The date of enactment of this subparagraph, referred to in subsec. 
(a)(9)(C), is the date of enactment of Pub. L. 104-127, which was 
approved Apr. 4, 1996.


                               Amendments

    1996--Subsec. (a)(2) to (6). Pub. L. 104-127, Sec. 301(a), added 
pars. (2) and (3) and redesignated former pars. (2) to (4) as (4) to 
(6), respectively. Former pars. (5) and (6) redesignated (7) and (8), 
respectively.
    Subsec. (a)(7). Pub. L. 104-127, Sec. 301(b), added par. (7) and 
struck out former par. (7) which read as follows: ``The term `field' 
means such term as is defined in section 718.2(b)(9) of title 7 of the 
Code of Federal Regulations (as of January 1, 1985), except that any 
highly erodible land on which an agricultural commodity is produced 
after December 23, 1985, and that is not exempt under section 3812 of 
this title shall be considered as part of the field in which such land 
was included on December 23, 1985, unless the Secretary permits 
modification of the boundaries of the field to carry out subchapters I 
through V of this chapter.''
    Pub. L. 104-127, Sec. 301(a)(1), redesignated par. (5) as (7). 
Former par. (7) redesignated (9).
    Subsec. (a)(8). Pub. L. 104-127, Sec. 301(a)(1), redesignated par. 
(6) as (8). Former par. (8) redesignated (10).
    Subsec. (a)(9). Pub. L. 104-127, Sec. 301(a)(1), redesignated par. 
(7) as (9). Former par. (9) redesignated (11).
    Subsec. (a)(9)(C). Pub. L. 104-127, Sec. 301(c), added subpar. (C).
    Subsec. (a)(10) to (18). Pub. L. 104-127, Sec. 301(a)(1), 
redesignated pars. (8) to (16) as (10) to (18), respectively.
    1990--Subsec. (a)(16). Pub. L. 101-624 substituted introductory 
provisions and subpars. (A) to (C) for ``The term `wetland', except when 
such term is part of the term `converted wetland', means land that has a 
predominance of hydric soils and that is inundated or saturated by 
surface or groundwater at a frequency and duration sufficient to 
support, and that under normal circumstances does support, a prevalence 
of hydrophytic vegetation typically adapted for life in saturated soil 
conditions.''
    1986--Subsec. (a)(16). Pub. L. 99-349 inserted provision that for 
purposes of this Act, and any other Act, the term ``wetland'' shall not 
include lands in Alaska identified as having high potential for 
agricultural development which have a predominance of permafrost soils.


                      Short Title of 2000 Amendment

    Pub. L. 106-387, Sec. 1(a) [title XI, Sec. 1101], Oct. 28, 2000, 114 
Stat. 1549, 1549A-75, provided that: ``This title [amending sections 
3831 and 3832 of this title and enacting provisions set out as notes 
under section 3831 of this title] may be cited as the `Conservation of 
Farmable Wetland Act of 2000'.''


                      Short Title of 1990 Amendment

    Section 1401 of title XIV of Pub. L. 101-624 provided that: ``This 
title [enacting sections 1003a, 1010, 3824, 3830, 3835a, 3837 to 3837f, 
3838 to 3838f, 3839 to 3839d, 3846, 3847, 3861, and 3862 of this title 
and sections 136i-1, 2814, 3130, 5401 to 5403, 5501 to 5506 and 5822 of 
Title 7, Agriculture, amending this section, sections 590p, 1002, 1003, 
3459, 3461, 3811, 3812, 3821 to 3823, 3831, 3832, 3834, 3835, 3836, 
3843, and 3845 of this title, and sections 136a, 136a-1, 136d, 136w-3, 
450i, and 4202 of Title 7, and enacting provisions set out as notes 
under this section and sections 2101 and 3831 of this title and sections 
136a and 4201 of Title 7] may be cited as the `Conservation Program 
Improvements Act'.''


                               Short Title

    Title XII of Pub. L. 99-198, which is classified principally to this 
chapter, is popularly known as the ``Sodbuster Law''.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in title 7 sections 1985, 1997, 2006e; 
title 26 section 1257.
