---
kind: "section"
citation: "7 C.F.R. § 1466.44"
title: "7"
number: "1466.44"
heading: "Incentive payment rates and restrictions."
url: "https://uscodex.org/cfr/7/1466.44"
---

# §1466.44. Incentive payment rates and restrictions.

- (a) **Aggregate payment limitation.**
  - (1) Notwithstanding the payment limitation in [§ 1466.24](/cfr/7/1466.24.md), the total amount of payments paid to a person or legal entity under this subpart, during the period of fiscal years 2019 through 2023, may not exceed an aggregate of $200,000, directly or indirectly.
  - (2) Payments received for technical assistance will be excluded from the limitation in [paragraph (a)(1)](#a-1) of this section.
  - (3) **The limitation in paragraph (a)(1) of this section cannot be waived.**
- (b) **Restrictions and exceptions.** Except as otherwise indicated in [paragraph (a)](#a) of this section, incentive contracts are subject to the payment restrictions and exceptions as set forth in [§ 1466.24](/cfr/7/1466.24.md).
- (c) **Implementation payments.** The payment rates for implementation of incentive practices shall be identical to the payment rates for practice implementation as set forth in [§ 1466.23](/cfr/7/1466.23.md).
- (d) **Annual payments.** In addition to the payment for implementation set forth in [paragraph (c)](#c) of this section, NRCS may award annual payments through incentive contracts to compensate the participant for up to 100 percent of the costs of—
  - (1) O&M of the incentive practice; and
  - (2) **Income foregone by the participant, including payments to address, as appropriate—**
    - (i) Increased economic risk,
    - (ii) Loss in revenue due to anticipated reductions in yield, and
    - (iii) Economic losses during transition to a resource-conserving cropping system, resource-conserving crop rotation, or resource-conserving land uses.

## Notes

### Authority

Authority: 15 U.S.C. 714b and 714c; and 16 U.S.C. 3839aa—3839-8.

### Source

Source: 84 FR 69280, Dec. 17, 2019, unless otherwise noted.