---
kind: "section"
citation: "7 C.F.R. § 701.106"
title: "7"
number: "701.106"
heading: "Government-owned land."
url: "https://uscodex.org/cfr/7/701.106"
---

# §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)](#a) in addition to the requirements in [§ 701.105](/cfr/7/701.105.md).
  - (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)](#a), in addition to the requirements in [§ 701.105](/cfr/7/701.105.md).
  - (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.

## Notes

### 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]