Federal regulations · Through 2026-08-25 · Newer source version available

7 CFR 701.106: Government-owned land.

(a) State-owned land. When land is owned by a State, whether it is eligible for cost share is as specified in this paragraph (a) in addition to the requirements in § 701.105.
(1) If an eligible person or legal entity has a lease for the State-owned land that allows cost share, and files a cost share request for the State-owned land, the land is eligible for cost share if, as determined by FSA, the:
(i) Eligible person or legal entity will directly benefit from the practice; or
(ii) The land will remain in agricultural production throughout the established practice life span.
(2) If an eligible person or legal entity files a cost-share request for State-owned land, the land is ineligible for cost share if, as determined by FSA, the:
(i) Practice is for the primary benefit of the State or State agencies; or
(ii) Eligible person or legal entity is prohibited by the lease from accepting cost-share.
(b) Federally-owned farmland. When land is federally owned, whether it is eligible for cost-share is as specified in this paragraph (a), in addition to the requirements in § 701.105.
(1) If an eligible person or legal entity files a cost-share request on federally owned farmland, the land is eligible if all of the following apply:
(i) An eligible private person or legal entity is farming or ranching the farmland;
(ii) An eligible person or legal entity has a lease that does not prohibit cost-share;
(iii) The practice will primarily benefit nearby or adjacent privately owned farmland of the eligible person or legal entity performing the practice;
(iv) A person or legal entity performing the practice has authorization from a Federal agency to install and maintain the practice;
(v) The Federal land is the most practical location for the eligible practice; and
(vi) During a drought, the practice will primarily benefit the livestock owned or managed by the eligible person or legal entity performing the practice.
(2) If an eligible person or legal entity files a cost share request on federally-owned land, the land is ineligible if the practices performed on these lands are for the benefit of land owned by a Federal agency.
(c) Federal or State agency. For the purposes of this subpart, private persons or legal entities exclude Federal and State agencies.

Where this section sits in the code

Title 7—Agriculture
Subtitle B—Regulations of the Department of Agriculture
CHAPTER VII—FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
SUBCHAPTER A—AGRICULTURAL CONSERVATION PROGRAM
PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART
Subpart B—Emergency Conservation Program

(a) State-owned land. When land is owned by a State, whether it is eligible for cost share is as specified in this paragraph (a) in addition to the requirements in § 701.105.

(1) If an eligible person or legal entity has a lease for the State-owned land that allows cost share, and files a cost share request for the State-owned land, the land is eligible for cost share if, as determined by FSA, the:

(i) Eligible person or legal entity will directly benefit from the practice; or

(ii) The land will remain in agricultural production throughout the established practice life span.

(2) If an eligible person or legal entity files a cost-share request for State-owned land, the land is ineligible for cost share if, as determined by FSA, the:

(i) Practice is for the primary benefit of the State or State agencies; or

(ii) Eligible person or legal entity is prohibited by the lease from accepting cost-share.

(b) Federally-owned farmland. When land is federally owned, whether it is eligible for cost-share is as specified in this paragraph (a), in addition to the requirements in § 701.105.

(1) If an eligible person or legal entity files a cost-share request on federally owned farmland, the land is eligible if all of the following apply:

(i) An eligible private person or legal entity is farming or ranching the farmland;

(ii) An eligible person or legal entity has a lease that does not prohibit cost-share;

(iii) The practice will primarily benefit nearby or adjacent privately owned farmland of the eligible person or legal entity performing the practice;

(iv) A person or legal entity performing the practice has authorization from a Federal agency to install and maintain the practice;

(v) The Federal land is the most practical location for the eligible practice; and

(vi) During a drought, the practice will primarily benefit the livestock owned or managed by the eligible person or legal entity performing the practice.

(2) If an eligible person or legal entity files a cost share request on federally-owned land, the land is ineligible if the practices performed on these lands are for the benefit of land owned by a Federal agency.

(c) Federal or State agency. For the purposes of this subpart, private persons or legal entities exclude Federal and State agencies.

Collected 2026-08-27T02:24:01Z. Source file · JSON

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