(1) In general
(A) Establishment of tiers
The Secretary shall establish, and offer to eligible producers, 3 tiers of conservation contracts under which a payment under this subpart may be received.
(B) Eligible conservation practices
(i) In general The Secretary shall make eligible for payment under a conservation security contract land management, vegetative, and structural practices.
(ii) Determination In determining the eligibility of a practice described in clause (i), the Secretary shall require, to the maximum extent practicable, that the lowest cost alternatives be used to fulfill the purposes of the conservation security plan, as determined by the Secretary.
(2) On-farm research and demonstration or pilot testing With respect to land enrolled in the conservation security program, the Secretary may approve a conservation security plan that includes
(A) on-farm conservation research and demonstration activities; and
(B) pilot testing of new technologies or innovative conservation practices.
(3) Use of handbook and guides; State and local conservation concerns
(A) Use of handbook and guides
In determining eligible conservation practices and the criteria for implementing or maintaining the conservation practices under the conservation security program, the Secretary shall use the National Handbook of Conservation Practices of the Natural Resources Conservation Service.
(B) State and local conservation priorities The conservation priorities of a State or locality in which an agricultural operation is situated shall be determined by the State Conservationist, in consultation with
(i) the State technical committee established under subchapter VI of this chapter; and
(ii) local agricultural producers and conservation working groups.
(4) Conservation practices Conservation practices that may be implemented by a producer under a conservation security contract (as appropriate for the agricultural operation of a producer) include
(A) nutrient management;
(B) integrated pest management;
(C) water conservation (including through irrigation) and water quality management;
(D) grazing, pasture, and rangeland management;
(E) soil conservation, quality, and residue management;
(F) invasive species management;
(G) fish and wildlife habitat conservation, restoration, and management;
(H) air quality management;
(I) energy conservation measures;
(J) biological resource conservation and regeneration;
(K) contour farming;
(L) strip cropping;
(M) cover cropping;
(N) controlled rotational grazing;
(O) resource-conserving crop rotation;
(P) conversion of portions of cropland from a soil-depleting use to a soil-conserving use, including production of cover crops;
(Q) partial field conservation practices;
(R) native grassland and prairie protection and restoration; and
(S) any other conservation practices that the Secretary determines to be appropriate and comparable to other conservation practices described in this paragraph.
(5) Tiers Subject to paragraph (6), to carry out this subsection, the Secretary shall establish the following 3 tiers of conservation contracts:
(A) Tier I conservation security contracts A conservation security plan for land enrolled under a Tier I conservation security contract shall
(i) be for a period of 5 years; and
(ii) include conservation practices appropriate for the agricultural operation, that, at a minimum (as determined by the Secretary)
(I) address at least 1 significant resource of concern for the enrolled portion of the agricultural operation at a level that meets the appropriate nondegradation standard; and
(II) cover active management of conservation practices that are implemented or maintained under the conservation security contract.
(B) Tier II conservation security contracts A conservation security plan for land enrolled under a Tier II conservation security contract shall
(i) be for a period of not less than 5 nor more than 10 years, as determined by the producer;
(ii) include conservation practices appropriate for the agricultural operation, that, at a minimum
(I) address at least 1 significant resource of concern for the entire agricultural operation, as determined by the Secretary, at a level that meets the appropriate nondegradation standard; and
(II) cover active management of conservation practices that are implemented or maintained under the conservation security contract.
(C) Tier III conservation security contracts A conservation security plan for land enrolled under a Tier III conservation security contract shall
(i) be for a period of not less than 5 nor more than 10 years, as determined by the producer; and
(ii) include conservation practices appropriate for the agricultural operation that, at a minimum
(I) apply a resource management system that meets the appropriate nondegradation standard for all resources of concern of the entire agricultural operation, as determined by the Secretary; and
(II) cover active management of conservation practices that are implemented or maintained under the conservation security contract.