§701.106. Government-owned land.
7 C.F.R. § 701.106
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.
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:
Eligible person or legal entity will directly benefit from the practice; or
The land will remain in agricultural production throughout the established practice life span.
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:
Practice is for the primary benefit of the State or State agencies; or
Eligible person or legal entity is prohibited by the lease from accepting cost-share.
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.
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:
An eligible private person or legal entity is farming or ranching the farmland;
An eligible person or legal entity has a lease that does not prohibit cost-share;
The practice will primarily benefit nearby or adjacent privately owned farmland of the eligible person or legal entity performing the practice;
A person or legal entity performing the practice has authorization from a Federal agency to install and maintain the practice;
The Federal land is the most practical location for the eligible practice; and
During a drought, the practice will primarily benefit the livestock owned or managed by the eligible person or legal entity performing the practice.
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.
Federal or State agency. For the purposes of this subpart, private persons or legal entities exclude Federal and State agencies.
Notes, amendments, and revision history
Amendments
[88 FR 1883, Jan. 11, 2023]
Authority
Authority: 16 U.S.C. 2201-2206; Sec. 101, Pub. L. 109-148, 119 Stat. 2747; and Pub. L. 111-212, 124 Stat. 2302
Source
Source: 69 FR 10302, Mar. 4, 2004, unless otherwise noted.
Amendments
[88 FR 1883, Jan. 11, 2023]