---
kind: "section"
citation: "7 C.F.R. § 636.11"
title: "7"
number: "636.11"
heading: "Transfer of interest in a cost-share agreement."
url: "https://uscodex.org/cfr/7/636.11"
---

# §636.11. Transfer of interest in a cost-share agreement.

- (a) A participant is responsible for notifying NRCS when he or she anticipates the voluntary or involuntary loss of control of the land covered by a WHIP cost-share agreement during the term of the agreement.
- (b) The participant and NRCS may agree to transfer a cost-share agreement to another potential participant. The transferee must be determined by NRCS to be eligible to participate in WHIP and must assume full responsibility under the cost-share agreement.
- (c) With respect to any and all payments owed to participants who wish to transfer ownership or control of land subject to a cost-share agreement, the division of payment will be determined by the original party and that party's successor. In the event of a dispute or claim on the distribution of cost-share payments, NRCS may withhold payments without the accrual of interest pending a settlement or adjudication on the rights to the funds.
- (d) If new participants are not willing or not eligible to assume the responsibilities of an existing WHIP cost-share agreement, including the O&M agreement, and the participant fails to implement the cost-share agreement, then NRCS will terminate the agreement and may require that all cost-share payments be forfeited, refunded, or both, with applicable interest in accordance with [§ 636.12](/cfr/7/636.12.md). Participants may be subject to liquidated damages in accordance with [§ 636.12](/cfr/7/636.12.md).

## Notes

### Authority

Authority: 16 U.S.C. 3839bb-1.

### Source

Source: 75 FR 71338, Nov. 23, 2010, unless otherwise noted.