Page:United States Statutes at Large Volume 99 Part 2.djvu/394

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PUBLIC LAW 99-000—MMMM. DD, 1985

99 STAT. 1504

PUBLIC LAW 99-198—DEC. 23, 1985 TITLE XII—CONSERVATION SUBTITLE A—DEFINITIONS DEFINITIONS

Post, pp. 15061514. 16 USC 3801.

Prohibition.

Post, p. 1506.

SEC. 1201. (a) For purposes of subtitles A through E: (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 onetrip planters; or (B) sugarcane planted and produced in a State. (2) 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. (3) 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 1234(b) of this Act. (4)(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. (5) 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 the date of enactment of this Act and that is not exempt under section 1212 shall be considered as part of the field in which such land was included on such date, unless the Secretary permits modification of the boundaries of the field to carry out subtitles A through E. (6) The term "highly erodible cropland" means highly erodible land that is in cropland use, as determined by the Secretary. (7)(A) The term "highly erodible land" means land—