Page:United States Statutes at Large Volume 116 Part 1.djvu/251

 PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 225 land, water, and other natural resources, as defined in accordance with the technical guide of the Natural Resources Conservation Service. "(12) SECRETARY.—The term 'Secretary' means the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service. "(13) TIER I CONSERVATION SECURITY CONTRACT.—The term 'Tier I conservation security contract' means a contract described in section 1238A(d)(5)(A). "(14) TIER II CONSERVATION SECURITY CONTRACT.—The term 'Tier II conservation security contract' means a contract described in section 1238A(d)(5)(B). " (15) TIER HI CONSERVATION SECURITY CONTRACT. —The term 'Tier III conservation security contract' means a contract described in section 1238A(d)(5)(C). "SEC. 1238A. CONSERVATION SECURITY PROGRAM. 16 USC 3838a. "(a) IN GENERAL.— The Secretary shall establish and, for each of fiscal years 2003 through 2007, carry out a conservation security program to assist producers of agricultural operations in promoting, as is applicable with respect to land to be enrolled in the program, conservation and improvement of the quality of soil, water, air, energy, plant and animal life, and any other conservation purposes, as determined by the Secretary. "(b) ELIGIBILITY.— "(1) ELIGIBLE PRODUCERS.—To be eligible to participate in the conservation security program (other than to receive technical assistance under section 1238C(g) for the development of conservation security contracts), a producer shall— "(A) develop and submit to the Secretary, and obtain the approval of the Secretary of, a conservation security plan that meets the requirements of subsection (c)(1); and "(B) enter into a conservation security contract with the Secretary to carry out the conservation security plan. "(2) ELIGIBLE LAND. —Except as provided in paragraph (3), private agricultural land (including cropland, grassland, prairie land, improved pasture land, and rangeland), land under the jurisdiction of an Indian tribe (as defined by the Secretary), and forested land that is an incidental part of an agricultural operation shall be eligible for enrollment in the conservation security program. "(3) EXCLUSIONS.— "(A) CONSERVATION RESERVE PROGRAM.— Land enrolled in the conservation reserve program under subchapter B of chapter 1 shall not be eligible for enrollment in the conservation security program. "(B) WETLANDS RESERVE PROGRAM.—Land enrolled in the wetlands reserve program established under subchapter C of chapter 1 shall not be eligible for enrollment in the conservation security program. "(C) GRASSLAND RESERVE PROGRAM.— Land enrolled in the grassland reserve program established under subchapter C of chapter 2 shall not be eligible for enrollment in the conservation security program. "(D) CONVERSION TO CROPLAND. —Land that is used for crop production after the date of enactment of this subchapter that had not been planted, considered to be

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