Page:United States Statutes at Large Volume 99 Part 2.djvu/395

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1505

(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 the date of the enactment of this Act; 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 Regulations, 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. (8) 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 hydrophvtic vegetation. (9) The term "hydrophytic vegetation means a plant growing ^ "• ' in— (A) water; or '"'* (B) a sul^trate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content. (10) The term "in-kind commodities" means commodities that are normally produced on land that is the subject of an agreement entered into under subtitle D. Post, p. 1509. (11) 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 subtitle D. (12) The term "Secretary" means the Secretary of Agriculture. (13) The term "shelterbelt" means a vegetative barrier with a linear configuration composed of trees, shrubs, and other approved perennial vegetation. (14) 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. (15) 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. (16) 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. (b) The Secretary shall develop—

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