[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1469]

[Page 703-704]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1469_CONSERVATION SECURITY PROGRAM--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  1469.6  Enrollment criteria and selection process.

    (a) Selection and funding of priority watersheds. (1) NRCS will 
prioritize watersheds based on a nationally consistent process using 
existing natural resource, environmental quality, and agricultural 
activity data along with other information that may be necessary to 
efficiently operate the program. The watershed prioritization and 
identification process will consider several factors, including but not 
limited to:
    (i) Potential of surface and ground water quality to degradation;
    (ii) Potential of soil to degradation;
    (iii) Potential of grazing land to degradation;
    (iv) State or national conservation and environmental issues e.g. 
location of air non-attainment zones or important wildlife/fisheries 
habitat; and
    (v) Local availability of management tools needed to more 
efficiently operate the program, such as digital soils information.
    (2) Priority watersheds selected, in which producers would be 
potentially eligible for enrollment, will be announced in the sign-up 
notice.
    (b) Enrollment categories. The Chief may limit new program 
enrollments in any fiscal year to enrollment categories designed to 
focus on priority conservation concerns and enhancement measures. NRCS 
will utilize enrollment categories to determine which contracts will be 
funded in a given sign-up.
    (1) Enrollment categories may be defined by criteria related to 
resource concerns and levels of historic conservation treatment, 
including the producer's willingness to achieve additional environmental 
performance or conduct enhancement activities.
    (2) All applications which meet the sign-up criteria within the 
priority watersheds will be placed in an enrollment category regardless 
of available funding.
    (3) NRCS will develop subcategories within each enrollment category 
and include them in the sign-up notice. The development of subcategories 
may consider several factors, including:
    (i) Willingness of the applicant to participate in local 
conservation enhancement activities;
    (ii) Targeting program participation for Limited Resource Producers;
    (iii) Targeting program participation to water quality priority 
areas for nutrient or pest management;
    (iv) Targeting program participation for locally important wildlife/
fisheries habitat creation and protection; and
    (v) Other priorities as determined by the Secretary.
    (4) At the beginning of each sign-up, the Chief will announce the 
order in which categories and subcategories are eligible to be funded.
    (5) All eligible applications will be placed in the highest priority 
enrollment category and sub-category for which the application 
qualifies.
    (6) Enrollment categories and subcategories will be funded in 
priority order until the available funds specified in the CSP sign-up 
notice are exhausted.
    (c) Sign-up process. (1) NRCS will publish a CSP sign-up notice with 
sufficient time for producers to consider the benefits of participation 
prior to the opening of the sign-up period. In the public sign-up 
notice, the Chief will announce and explain the rationale for decisions 
for the following information:
    (i) Any additional program eligibility criteria that are not listed 
in Sec.  1469.5;
    (ii) Any additional nationally significant resource concerns that 
are not listed in Sec.  1469.4(a) that will apply;
    (iii) Any additional requirements that participants must include in 
their CSP applications and contracts that are not listed in Sec.  
1469.21;

[[Page 704]]

    (iv) Information on the priority order of enrollment categories and 
subcategories for funding contracts;
    (v) Specific information on the level of funding that NRCS estimates 
will go toward stewardship, existing practice, and enhancement payments;
    (vi) An estimate of the total funds NRCS expects to obligate under 
new contracts during a given sign-up, and an estimate for the number of 
enrollment categories and contracts NRCS expects to be able to fund; and
    (vii) The schedule for the sign-up process, including the 
deadline(s) for applying.
    (2) NRCS will accept applications according to the timeframes 
specified in the sign-up notice.
    (d) Selection of contracts. (1) NRCS will determine whether the 
application meets the eligibility criteria, and will place applications 
into an enrollment category and subcategory based on the criteria 
specified in the sign-up notice and into a Tier based on the criteria in 
1469.5(e). Enrollment categories will be funded in the order designated 
in the sign-up notice until the available funding is exhausted. NRCS 
will determine the number of categories that can be funded in accordance 
with the sign-up notice, and will inform the applicant of its 
determinations.
    (2) NRCS will develop a conservation stewardship contract for the 
selected applications. If the contract falls within the enrollment 
categories and subcategories funded in the given sign-up, NRCS will make 
payments as described in the contract in return for the implementation 
and/or maintenance of a specified level of conservation treatment on all 
or part of the agricultural operation.