Conservation Reserve ProgramLong-Term Policy

SUMMARY: The Commodity Credit Corporation (CCC) and the Farm Service

Agency (FSA) propose to amend the Conservation Reserve Program (CRP)

regulations to: set forth the terms and conditions of enrolling acreage

in the CRP; update program eligibility requirements; consolidate and

reorganize all CRP regulations into one regulation to cover all

existing contracts; and eliminate unnecessary regulations. This action

is being taken to cost effectively target the CRP to more

environmentally sensitive acreage and because The Federal Agriculture

Improvement and Reform Act of 1996 (the 1996 Act) authorized the use of

CCC funds to implement the CRP.

These actions will: Update program eligibility requirements;

eliminate unnecessary regulations; improve remaining regulations; and

complete some of the actions being taken by FSA as part of the National

Performance Review Initiative to eliminate unnecessary regulations and

improve those that remain in force.

DATES: Comments must be received on or before November 7, 1996 to be

assured of consideration.

ADDRESSES: Comments and requests for additional information should be

directed to Cheryl Zavodny, Conservation and Environmental Protection

Division, FSA, P.O. Box 2415, STOP 0513, Washington, DC 20250-0513,

telephone 202-720-7333.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This proposed rule has been determined to be Economically

Significant and was reviewed by Office of Management and Budget (OMB)

under Executive Order 12866.

Cost-Benefit Assessment

A cost-benefit assessment was prepared to assist in implementing

provisions of the 1996 Act amendments to the Food Security Act of 1985,

as amended, and setting forth long-term CRP policy relating to

extension of enrollment authority, changes in eligibility, and related

adjustments in CRP. Key environmental impacts are considered in the

cost-benefit assessment.

Although the proposed rule does not specify an acreage target for

future enrollment, enrolled acres are projected in the cost-benefit

assessment to decline to 28.1 million acres by 2002. However, while

instructive, the analysis should not be viewed as an indication of

future enrollment policy. Without the authority to extend or enroll

acreage the expiration of the existing contracts would result in an

estimated decline in enrolled acreage to 1.7 million acres by 2002.

As noted in the cost-benefit assessment, which was based on the

issues that are discussed in the Background section, continued

enrollment would generate an estimated $17 billion in added income to

program crop producers during the period 1997 to 2002 as a result of

higher crop prices and CRP rental payments. Government outlays with

continued enrollment would be about $7 billion higher during the period

compared to outlays without continued enrollment. Additional

expenditures by domestic and foreign purchasers of the commodities

would total about $19 billion over the 1997 to 2002 period. This

exceeds net farm income adjusted for CRP payments by $8.4 billion.

However, this assessment is incomplete because it does not include any

measure of the value of the benefits gained from enrolling the

environmentally sensitive cropland in CRP which is the primary purpose

of the program. Total funds available for production flexibility

contracts do not vary with CRP enrollment, although payment rates for

participating producers will decline as additional acreage is removed

from CRP and becomes eligible for contract payments.

Also evaluated in the cost-benefit assessment are the impacts from

changes in acreage eligible for early release, incentive payments for

enrollment of high-valued environmental practices, enrollment of

wetlands, designation criteria for priority areas, and potential

provisions for limited haying and grazing on enrolled acres. The

impacts of these changes are modest, although the general thrust is to

enhance the environmental benefits from the program with little effect

on outlays or farm income.

Risk Assessment

A risk assessment and related cost-benefit analysis are required to

accompany proposed major rules, as defined under Section 304 of Public

Law (P.L.) 103-354. Because agricultural producers need to know long-

term objectives of the CRP as soon as possible in order to formulate

production plans for 1997 and because completion of the regulatory

analysis required by Section 304 of P.L. 103-354 to accompany a

proposed regulation is not practicable in the time available, the

Director, Office of Risk Assessment and Cost-Benefit Analysis (ORACBA),

has concluded that it is appropriate to extend the time allowed for

completion of the required analyses. A general time line for conducting

the required analyses developed by the Director and the FSA involves a

three-phase approach.

Phase 1. Available upon request will be: (a) an environmental

assessment and (b) an acceptable outline to guide the development of

the required risk assessment.

Phase 2. Accompanying the final rule will be: (a) the completed

environmental risk assessment, as described in this proposed rule; (b)

an outline of a cost-benefit analysis of mitigation measures; (c) a

comparison of the relative risks managed by CRP and by other programs

in the Department which address similar risks resulting from comparable

activities; and (d) a plan for monitoring of the risk reduction

expected to occur as a result of the CRP (as called for in P.L. 104-

127). Evaluation and monitoring will allow completion of a meaningful

cost-benefit analysis of the current and potential

[[Page 49698]]

enrollment practices compared to measured environmental benefits.

Phase 3. One year after the final rule has been promulgated, the

cost-benefit analysis of mitigation measures will be completed. This

cost-benefit analysis will address the costs associated with

implementation and compliance with the regulation and the qualitative

and quantitative benefits of the regulation.

After the final rule has been promulgated, FSA, in consultation

with ORACBA, will conduct the comprehensive risk management assessment

which will evaluate the effectiveness of the program in protecting the

environmental attributes managed by this program.

Regulatory Flexibility Act

It has been determined that the Regulatory Flexibility Act is not

applicable to this proposed rule because neither the FSA nor the CCC is

required by 5 U.S.C. 553 or any other provision of law to publish a

notice of proposed rulemaking with respect to the subject matter of

this rule.

Environmental Evaluation

It has been determined by an environmental assessment that this

rule does not have a significant adverse impact on the environmental,

historical, social or economic resources of the Nation. Therefore, it

has been determined that these actions will not require an

Environmental Impact Statement.

Executive Order 12372

This program is not subject to the provisions of Executive Order

12372, which require intergovernmental consultation with State and

local officials. See notice related to 7 CFR part 3015, subpart V,

published at 48 FR 29115 (June 24, 1983).

Unfunded Mandates

Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Pub. L.

104-4, establishes requirements for Federal agencies to assess the

effects of their regulatory actions on State, local, and tribal

governments and the private sector. Under section 202 of the UMRA, CCC

generally must prepare a written statement, including a cost-benefit

analysis, for proposed and final rules with ``Federal mandates'' that

may result in expenditures to State, local, or tribal governments, in

the aggregate, or the private sector, of $100 million or more in any

one year. When such a statement is needed for a rule, section 205 of

the UMRA generally requires CCC to identify and consider a reasonable

number of regulatory alternatives and adopt the least costly, more

cost-effective or least burdensome alternative that achieves the

objectives of the rule. This rule contains no Federal mandates (under

the regulatory provisions of Title II of the UMRA) for State, local,

and tribal governments or the private sector. Therefore, this rule is

not subject to the requirements of sections 202 and 205 of the UMRA.

Federal Domestic Assistance Program

The title and number of the Federal Domestic Assistance Program, as

found in the Catalog of Federal Domestic Assistance, to which this rule

applies, is the Conservation Program--10.069.

Paperwork Reduction Act

The CRP is a voluntary program in which landowners and operators

can enter into long-term contracts with the CCC to establish permanent

vegetation cover for land that is highly erodible or is contributing to

a serious water quality or other environmental problem. Landowners and

operators interested in participating in the program submit offers

which, if accepted, result in contracts. The CCC provides contract

participants with cost-share assistance for cover establishment and

annual rental payments for the term of the contract.

Information collections are used by interested parties in

submitting offers and enrolling in the program, and by participants in

documenting requests for program payments, reporting annual program

compliance, and documenting other actions relating to program

administration.

Title: 7 CFR Part 704, 1986-1990 Conservation Reserve Program and 7

CFR Part 1410, 1991-1995 Conservation Reserve Program.

OMB Number: 0560-0125.

Approval Date of Expiration: February 28, 1997.

Type of Request: Revision of a previously approved information

collection.

Abstract: It is proposed that all CRP information collections will

be consolidated in 7 CFR Part 1410 and cease under 7 CFR Part 704.

Total public burden hours are based on the following assumptions:

1. CRP contracts average 100 acres per contract.

2. CRP contracts for approximately 23 million acres are scheduled

to expire on September 30, 1997. The Secretary has the authority to

maintain up to 36.4 million acres in the program through 2002. The

agency assumed for purposes of this notice that approximately 4.0

million acres will be newly enrolled or re-enrolled in each of the

years 1997 through 2002.

3. Twenty-five percent of the producers requesting early releases

will not release all of their contract acreage.

Estimate of Burden: Public reporting burden for this collection of

information is estimated to average .126132 hours per response.

Respondents: Owners, operators, and other producers on eligible

cropland.

Estimated Number of Respondents: 272,500

Estimated Number of Responses per Respondent: 1

Estimated Total Annual Burden Hours on Respondents: 34,371

Comments are invited on: (a) Whether the proposed collection of

information is necessary for the proper performance of the functions of

the agency, including whether the information will have practical

utility; (b) the accuracy of the agency's estimate of the burden of the

proposed collection of information including the validity of the

methodology and assumptions used; (c) ways to enhance the quality,

utility, and clarity of the information to be collected; and (d) ways

to minimize the burden of collection of information on those who are to

respond, including through the use of appropriate automated,

electronic, mechanical, or other technological collection techniques or

other forms of information technology. Comments may be sent to Desk

Officer for Agriculture, Office of Information and Regulatory Affairs,

OMB, Washington, D.C. 20503 and to Cheryl Zavodny, Chief, Conservation

Programs Branch, Conservation and Environmental Protection Division,

USDA, FSA, P.O. Box 2415, STOP 0513, Washington, D.C. 20013, (202) 720-

7333.

Copies of information collection may be obtained from Cheryl

Zavodny, Chief, Conservation Programs Branch, Conservation and

Environmental Protection Division, USDA, FSA, P.O. Box 2415, STOP 0513,

Washington, D.C. 20013, (202) 720-7333.

OMB is required to make a decision concerning the collection(s) of

information contained in these proposed regulations between 30 and 60

days after publication of this document in the Federal Register.

Therefore, a comment to OMB is best assured of having its full effect

if OMB receives it within 30 days of publication. This does not affect

the deadline for the public to comment to the Department of Agriculture

on any substantive CRP regulations that may be the subject of other

notices.

All responses will be summarized and included in the request for

OMB

[[Page 49699]]

approval. All comments will also become a matter of public record.

Executive Order 12778

This proposed rule has been reviewed in accordance with Executive

Order 12778. The provisions of this rule are not retroactive and

preempt State and local laws to the extent such laws are inconsistent

with the provisions of this rule. Before any action may be brought in a

Federal court of competent jurisdiction, the administrative appeal

rights afforded program participants at 7 CFR parts 11, 624, and 780

must be exhausted.

Background

The CRP was authorized by the Food Security Act of 1985 (1985 Act),

and amended by the Food, Agriculture, Conservation, and Trade Act of

1990 (1990 Act). The Code of Federal Regulations contains two parts

established for the CRP. An agency regulation, 7 CFR Part 704, contains

provisions regarding the CRP acreage enrolled under the 1985 Act from

1986 through 1990. A Commodity Credit Corporation regulation, 7 CFR

Part 1410, contains provisions regarding the CRP acreage enrolled under

the 1990 Act from 1991 through 1995.

The 1985 Act was further amended by the Federal Agriculture

Improvement and Reform Act of 1996 (1996 Act) which provided the

Secretary the authority to maintain up to 36.4 million acres in the

CRP.

The purpose of CRP is to cost effectively assist owners and

operators in conserving and improving soil, water, and wildlife

resources by converting highly erodible and other environmentally

sensitive acreage normally devoted to the production of agricultural

commodities to a long term vegetative cover. CRP participants enroll

contracts for 10 to 15 years and, in some cases, easements, in exchange

for annual rental payments and cost share assistance for installing

certain conservation practices. In determining the amount of annual

rental payments to be paid, CCC considers, among other things, the

amount necessary to encourage owners or operators of eligible cropland

to participate in the CRP. Applicants submit bids in such a manner as

the Secretary prescribes. The maximum rental payments CCC will pay

reflect site-based soil productivity, prevailing local cash equivalent

rental rates and maintenance cost. Bids offered by producers who

request rental payments greater than the amount which CCC is willing to

pay for their soil type are automatically rejected by CCC. Except for

the continuous signup process implemented in September 1996, remaining

bids are evaluated for possible acceptance based on a comparison of

environmental benefits indicators with the rental payment cost. The

continuous signup process does not include an evaluation based on

environmental benefits indicators because only those practices designed

to obtain high environmental benefits will be eligible to be offered

during the continuous signup. Acreage determined eligible for

continuous signup by the Secretary is automatically accepted in the

program providing all other eligibility requirements are met.

Program Changes

The Department proposes to remove 7 CFR Part 704 and combine those

remaining regulations still in effect into 7 CFR Part 1410. It is

proposed that Part 1410 be reissued in its entirety.

The 1996 Act provides guidance regarding conservation priority

areas under Environmental Conservation Acreage Reserve Program. Section

1410.3 has been amended accordingly to reflect the new provisions.

With respect to land eligibility, CCC proposes to change, in

Section 1410.6, the existing criteria to include wetlands and certain

acreage enrolled in the Water Bank Program (WBP) administered by the

Natural Resource Conservation Service. Wetlands are intrinsically

valuable natural resources that provide important benefits to people

and the environment. Wetlands improve water quality, reduce flood and

storm damage, help control soil erosion, and provide important fish and

wildlife habitat. Certain wetlands provide particularly important

filtering functions because of their location between land and water.

WBP acreage to the extent it otherwise meets statutory CRP criteria

would only be eligible to be enrolled in the CRP during the final year

of the WBP agreement. Further, only those WBP acres that are not

classified as naturally occurring types 3 through 7 wetlands would be

eligible to be enrolled in the CRP. Naturally occurring types 3 through

7 wetlands are considered permanently under water and, therefore, would

continue to be ineligible.

The 1985 Act authorized the watershed areas of the Chesapeake Bay

Region, the Great Lakes Region, the Long Island Sound Region, and other

areas of special environmental sensitivity to be designated as

conservation priority areas for a period of 5 years subject to

redesignation. A number of these areas are approaching the expiration

of their initial designation.

Prior to the 1996 amendments to the 1985 Act, the conservation

priority area authority applied only to CRP. CRP's conservation

priority area authority includes addressing ``actual and significant

adverse water quality or habitat impacts related to agricultural

production activities.'' The 1996 Act amendments also authorized

conservation priority areas applied to the CRP, the Wetlands Reserve

Program (WRP), and the Environmental Quality Incentives Program (EQIP)

to ``assist * * * agricultural producers * * * to comply with nonpoint

source pollution requirements * * * and other Federal and State

environmental laws and to meet other conservation needs.''

In Section 1410.8, CCC proposes to restrict the total area in a

State that may be designated as a conservation priority area to no more

than 10 percent of the cropland in the State. When submitting requests

for conservation priority designation, State FSA committees will be

required to develop an evaluation and monitoring system to determine

the effectiveness of designating a particular area a priority.

With respect to wetland enrollment, CCC proposes, in Section

1410.11, to provide CRP cost-share assistance under certain conditions.

The decision to restore wetlands enrolled in the CRP is voluntary;

however, offers for enrollment will be evaluated based on the level of

restoration a producer is willing to install. CCC proposes to offer a

financial incentive of up to 25 percent of the cost of restoring the

hydrology in order to encourage participants to restore wetland

acreage. This incentive is in addition to any applicable annual rental

or cost share payments, not to exceed 50 percent of the land value.

Producers who want to restore wetlands enrolled in the CRP may also

elect to transfer acreage from the CRP to the Wetlands Reserve Program

(WRP) if the acreage is suitable and approved by CCC. Transferred

acreage shall be removed from the CRP, without penalty, effective the

day an easement is filed.

To encourage producers to enroll certain acreage in the CRP, CCC

proposes to offer financial incentives, in addition to the normal

annual rental payment and cost-share assistance, to enroll filter

strips, riparian buffers, field windbreaks, grass waterways, and

acreage located in Environmental Protection Agency (EPA) designated

wellhead protection areas. These acres offer an environmental targeting

tool for water quality, wildlife habitat, soil erosion and have

positive environmental impacts to much larger acreage. Accepting

acreage suitable for these practices into the CRP results in

[[Page 49700]]

converting cropland acreage to areas of grass or trees that primarily:

(1) reduce sedimentation, organic matter, and pollutants from

subsurface runoff and subsurface flow; (2) reduce wind and water

erosion; and, (3) enhance wildlife habitat. Therefore, the regulation

at Section 1410.42 provides for a special monetary incentive to

encourage enrolling such acreage in the CRP.

The 1985 Act, as amended, generally provided that no commercial use

can be made of the enrolled CRP acreage but permits haying or grazing

during droughts or similar emergencies. Accordingly, CCC proposes to

limit haying and grazing of acreage enrolled in the CRP to these

instances. As explained later, CCC seeks comments on development of

periodic managed haying or grazing provisions.

The Agriculture, Rural Development, Food and Drug Administration,

and Related Agencies Appropriation Act, 1997 (Public Law 104-180),

provides that, for fiscal year 1997, none of the funds made available

by that Act can be used to extend any existing or expiring contract in

the CRP. Any acreage which a participant currently has in the program

for which the participant is seeking continued enrollment shall compete

for enrollment based on its environmental benefits relative to the cost

of enrolling acreage in the program and shall be subject to the maximum

payment rates, as determined by CCC, based on soil productivity and

prevailing local cash or cash equivalent rental rates. Under the terms

of the proposed rule, eligibility for new enrollment of acreage already

enrolled in the CRP will be based on the same criteria for enrolling

new acreage.

With respect to the unilateral early contract termination

provisions for certain acreage authorized by the 1996 Act, CCC proposes

to expand the list of ineligible acreage to include: (1) all wetlands,

not just those enrolled under signup 8 and 9 criteria; (2) land subject

to frequent flooding, as determined by CCC; (3) EPA designated wellhead

protection areas; and (4) any wetland buffers that may be required

according to the conservation plan to protect the functions and values

of wetland acreage.

Interim rules published on May 8, 1995, and March 15, 1996, allowed

for the early termination of some acreage from certain contracts. The

1996 Act amendments to the 1985 Act provided that for certain existing

contracts CRP participants could unilaterally obtain an early release

from contract obligations. Since the initial interim rule published in

the Federal Register, CCC has modified ineligible land categories. In

all cases, however, USDA has based its determinations on two factors:

(1) redirecting CRP enrollment from productive, less erodible land to

more environmentally sensitive acreage; and (2) weighing its

responsibility of ensuring a grain supply that meets market demand. In

comparison, CCC offers incentive payments for the enrollment of land to

be devoted to certain environmental practices. In addition to the

factors described above, in designating which practices are eligible

for incentive payments, USDA also considers such other factors as

necessary, including, but not limited to: (1) whether to encourage the

adoption of a particular environmentally related management practice;

(2) what rate is complementary to the adoption of such practice; and

(3) any budget impacts.

The CRP will be carried out by CCC through the FSA using FSA State

and county offices. State technical committees and local conservation

districts will also be involved in the operation of the CRP. In order

to maximize the environmental and conservation benefit for funds to be

expended, conservation practices and the land for which offers may be

accepted may vary as conditions change. However, CCC intends to rank

competitively all offers based on the environmental benefits index

taking into account the Government cost of the contract except for

those contracts the acceptance of which would provide especially high

environmental benefits. In those cases, CCC would accept those offers

without additional evaluation when the requested rental rate is less

than or equal to the maximum rental rate CCC is prepared to pay.

The proposed regulation provides, in Section 1410.31, that in

determining acceptability of offers, the Secretary may use a formula

based upon a number of environmental factors to help determine an

environmental benefits index value for the management practice or

practices offered for the program. Along with Government cost of

enrolling the acreage, these environmental factors are used to

construct an environmental benefits index value to compare offers of

acreage providing multiple environmental benefits. CCC proposes to use

a system that considers soil erosion, water quality, wildlife habitat,

and cost while also considering other technical factors such as, but

not limited to, recommendations of State technical committee,

conservation priority areas, permanent wildlife habitat, tree

plantings, wetlands functions and values, and conservation compliance

requirements.

Section 1410.64 is proposed to comply with Section 226(c) of the

Department of Agriculture Reorganization Act of 1994 that requires FSA,

in establishing policies, priorities, and guidelines, to obtain the

concurrence of the Natural Resources Conservation Service at national,

State and, local levels.

Additionally, there are four issues for which CCC is seeking

comment but which are not in the proposed rule. The first issue is in

regard to whether and in what manner CRP acreage could be devoted to

the production of biomass crops and whether such use would be

consistent with the policy and provisions of the authorizing

legislation. The Conference Report accompanying the 1996 Act indicated

that ``the Managers recommend that the Secretary consider allowing

biomass production as an acceptable cover crop practice during the

period of a contract, provided that no harvesting is allowed until

after the contract is completed or terminated.'' The purpose of such

use of CRP acreage would be to pursue the cost-effective development

and commercialization of integrated biomass energy systems to

positively impact global climate change and to promote rural

development.

The second issue is in regard to periodic nonemergency haying or

grazing of CRP acreage. According to reports from various conservation

and environmental groups, haying or grazing of CRP grass acreage every

three years, if performed according to a plan, could benefit wildlife

habitat and improve cover quality. However, several States have

received approval to hay and graze CRP more often under emergency

provisions. If managed haying or grazing is essential to the

conservation benefit of a particular site and if such activity does not

negatively affect the local livestock and forage markets, periodic

nonemergency haying and grazing could possibly be authorized under the

authority that the Secretary has to modify contracts to accomplish the

goals of the program without interfering with the policy underlying the

provision of the statute forbidding, generally, the commercial use of

the CRP forage. Within those parameters, examples of periodic managed

haying and grazing include, but are not limited to: (1) allowing haying

and grazing once every 3 years as a management tool for wildlife

habitat and for other purposes for certain CRP practices according to a

plan with an associated payment reduction based on the value of the

forage provided the applicant agrees to forego emergency haying and

grazing provisions; (2) allowing haying and grazing once every 3 years

as a management tool for wildlife habitat

[[Page 49701]]

and for other purposes for certain CRP practices according to a plan

with an associated payment reduction equal to a percent of the annual

CRP rental rate for haying and for grazing equal to an appropriate

animal unit per month charge, provided the applicant agrees to forego

``emergency'' haying and grazing provisions if allowed thereafter for

other participants; (3) allowing haying and grazing once every 3 years

as a management tool for wildlife habitat and for other purposes for

certain CRP practices according to a conservation plan without an

associated payment reduction provided the applicant agrees to forego

emergency haying and grazing provisions; or, (4) allowing haying every

year of small amounts of acreage enrolled in CRP and devoted to

specific uses such as filter strips or grass waterways under a

conservation plan. Further, within the context or providing an

essential conservation benefit of a particular site provided such

activity does not negatively affect the local livestock and forage

markets, public comment is sought regarding the utility and, if

authorized, terms and frequency upon which periodic nonemergency haying

and grazing would be conducted.

The third issue is in regard to whether and in what manner CCC

should implement the conservation priority area authority applicable to

CRP, WRP, and EQIP. It is recognized that the identified environmental

problem in a geographic area may be best served by only one of the

programs. However, in some cases, the coordinated efforts of two

programs or all three programs may be desirable to address the

identified environmental problem. Accordingly, CCC seeks comment on

practical, cost-effective, suggestions to implement the conservation

priority area authority, when needed, in a coordinated manner.

The fourth issue also is in regard to conservation priority areas.

As previously indicated, a number of the conservation priority area

designations are scheduled to expire in the near future. Among these

are the Chesapeake Bay Region, the Great Lakes Region, and the Long

Island Sound Region. CCC seeks comment on the most appropriate, cost-

effective manner in which to consider redesignation of these and other

conservation priority areas.

It has been determined that the comment period for this proposed

rule will be 45 days as it was determined that a longer period would be

contrary to the public interest. Limiting the period to 45 days will

allow for the consideration of comments and publication of a final rule

in time to hold a sign-up for the program in advance of the next spring

planting season. Delay of the signup beyond that time would unduly

inhibit the ability of the program to achieve the important public

benefits which were the purpose of the recent amendments to the CRP and

the other provisions of the 1996 Act dealing with conservation.

Comments on the proposed rule are solicited from interested parties

and will be considered for a period of 45 days after the date of

publication of this proposed rule in the Federal Register. Any comments

that are offered during the public comment period will be evaluated in

the development of the final rule.

List of Subjects in 7 CFR Parts 704 and 1410

Administrative practices and procedures, Base protection,

Conservation plan, Contracts, Environmental indicators, Natural

resources, and Technical assistance.

Accordingly, 7 CFR Parts 704 and 1410 are proposed to be amended as

follows:

PART 704--[REMOVED]

1. Part 704 is removed.

2. Part 1410 is revised to read as follows:

PART 1410--CONSERVATION RESERVE PROGRAM

Sec.

1410.1 Administration.

1410.2 Definitions.

1410.3 General Description.

1410.4 Maximum county average.

1410.5 Eligible persons.

1410.6 Eligible land.

1410.7 Duration of contracts.

1410.8 Conservation priority areas.

1410.9 Alley-cropping.

1410.10 Conversion to trees.

1410.11 Restoration of wetlands.

1410.12-1410.19 [Reserved]

1410.20 Obligations of participant.

1410.21 Obligations of the Commodity Credit Corporation.

1410.22 Conservation plan.

1410.23 Eligible practices.

1410.24-1410.29 [Reserved]

1410.30 Signup.

1410.31 Acceptability of offers.

1410.32 CRP contract.

1410.33 Contract modifications.

1410.34 Extended base protection.

1410.35-1410.39 [Reserved]

1410.40 Cost-share payments.

1410.41 Levels and rates for cost-share payments.

1410.42 Annual rental payments.

1410.43 Method of payment.

1410.44-1410.49 [Reserved]

1410.50 State enhancement program.

1410.51 Transfer of land.

1410.52 Violations.

1410.53 Executed CRP contract not in conformity with regulations.

1410.54 Performance based upon advice or action of the Department.

1410.55 Access to land under contract.

1410.56 Division of program payments and provisions relating to

tenants and sharecroppers.

1410.57 Payments not subject to claims.

1410.58 Assignments.

1410.59 Appeals.

1410.60 Scheme or device.

1410.61 Filing of false claims.

1410.62 Miscellaneous.

1410.63 Permissive uses.

1410.64 Special concurrence requirements for certain functions.

1410.65 Paperwork Reduction Act assigned numbers.

Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3801-3847.

Sec. 1410.1 Administration.

(a) The regulations in this part will be administered under the

general supervision and direction of the Executive Vice President,

Commodity Credit Corporation (CCC), and the Administrator, Farm Service

Agency (FSA), through the Deputy Administrator. In the field, the

regulations in this part will be administered by the State and county

FSA committees (``State committees'' and ``county committees'',

respectively).

(b) State executive directors, county executive directors, and

State and county committees do not have the authority to modify or

waive any of the provisions in this part unless specifically authorized

by the Deputy Administrator.

(c) The State committee may take any action authorized or required

by this part to be taken by the county committee which has not been

taken by such committee, such as:

(1) Correct or require a county committee to correct any action

taken by such county committee which is not in accordance with this

part; or

(2) Require a county committee to withhold taking any action which

is not in accordance with this part.

(d) No delegation herein to a State or county committee shall

preclude the Executive Vice President, CCC, and the Administrator, FSA,

or a designee, or the Deputy Administrator from determining any

question arising under this part or from reversing or modifying any

determination made by a State or county committee.

(e) Data furnished by the applicants will be used to determine

eligibility for program benefits. Furnishing the data is voluntary;

however, without it, program benefits will not be provided.

(f) Notwithstanding other provisions of the preceding paragraphs of

this section, the EI, suitability of land for permanent vegetative or

water cover, factors for determining the likelihood of

[[Page 49702]]

improved water quality and adequacy of the planned practice to achieve

desired objectives shall be determined by the Natural Resource

Conservation Service (NRCS) or any other non-USDA source approved by

NRCS, in accordance with the Field Office Technical Guide or other

guidelines deemed appropriate by the NRCS, except that no such

determination by NRCS shall compel CCC to execute a contract which CCC

does not believe will serve the purposes of the program established by

this part.

(g) State committees, with NRCS, may develop a State evaluation

process to rank acreage based on State specific goals and objectives.

Such State committees may choose between developing a State ranking

process or utilizing the national ranking process. States' ranking

processes shall be developed based on recommendations from State

Technical committees, follow national guidelines, and be approved by

the Deputy Administrator.

(h) CCC may consult with the Forest Service (FS) or the State

forestry agency for such assistance as is determined by CCC to be

necessary for developing and implementing conservation plans which

include tree planting as the appropriate practice or as a component of

a practice.

(i) CCC may consult with the Cooperative State Research, Education,

and Extension Service to coordinate a related information and education

program as deemed appropriate to implement the Conservation Reserve

Program (CRP).

Sec. 1410.2 Definitions.

The following definitions shall be applicable to this part:

Agricultural commodity means any crop planted and produced by

annual tilling of the soil or on an annual basis by one trip planters

or sugar cane planted or produced in a state or alfalfa and other multi

year grasses and legumes in rotation as approved by the Secretary. For

purposes of determining crop history, as relevant to eligibility to

enroll land in the program, land shall be considered planted to an

agricultural commodity during a crop year if, as determined by CCC, an

action of the Secretary prevented land from being planted to the

commodity during the crop year.

Alley-cropping means the practice of planting rows of trees

surrounded by a strip of vegetative cover, alternated with wider strips

of agricultural commodities planted in accordance with a conservation

plan of operation approved by the local Conservation District and CCC.

Allotment means an acreage for a commodity allocated to a farm in

accordance with the Agricultural Adjustment Act of 1938, as amended,

and applicable commodity regulations.

Alternative perennials means woody species of plants grown on

certain CRP acres, including, but not limited to shrubs, bushes, and

vines.

Annual rental payment means, unless the context indicates

otherwise, the annual payment specified in the CRP contract which,

subject to the availability of funds, is made to a participant to

compensate such participant for placing eligible land in the CRP.

Applicant means a person who submits an offer to CCC to enter into

a CRP contract.

Arid area means acreage located west of the 100th meridian that

receives less than 25 inches of average annual precipitation.

Bid or offer means, unless the context indicates otherwise, if

required by CCC, the per acre rental payment requested by the owner or

operator in such owner's or operator's offer to participate in the CRP.

Conservation District means a political subdivision of a State,

Native American Tribe, or territory, organized pursuant to the State or

territorial soil conservation district law, or Tribal law. The

subdivision may be a conservation district, soil conservation district,

soil and water conservation district, resource conservation district,

natural resource district, land conservation committee, or similar

legally constituted body.

Conservation plan means a record of the participant's decisions,

and supporting information, for treatment of a unit of land or water,

and includes a schedule of operations, activities, and estimated

expenditures needed to solve identified natural resource problems by

devoting eligible land to permanent vegetative cover or other

comparable measures.

Contour grass strip means a vegetation area that follows the

contour of the land the width of which is determined by the appropriate

Field Office Technical Guide and the designation of which is included

as a contour grass strip by a conservation plan required under this

part.

Contract Period means the period of time, of not less than 10 nor

more than 15 years, the CRP contract is in effect.

Cost-share payment means the payment made by CCC to assist program

participants in establishing the practices required in a contract.

Crop Acreage Base (CAB) means the acreage base for a crop on a farm

which was established according to part 1413 of this chapter before

enactment of the Federal Agriculture Improvement and Reform Act of

1996.

Cropland means land defined as cropland in accordance with the

provisions of part 718 of this title, except for land in terraces that

are no longer capable of being cropped.

Deputy Administrator means the Deputy Administrator for Farm

Programs, FSA, or designee.

Designated 319 areas means areas approved by States under the Clean

Water Act, as amended, administered by Environmental Protection Agency

(EPA) and designated by the Deputy Administrator as eligible for entry

into the CRP.

Easement means the real property interest designated as such

acquired by FSA, NRCS, or CCC under this part, to be filed with the

appropriate local or State governmental official of office.

Environmental Quality Incentives Program (EQIP) means the program

authorized by the Food Security Act of 1985 (16 U.S.C. 3839aa-3839aa-7)

in which eligible persons enter into contracts with CCC to address

threats to soil, water, and related natural resources and for other

purposes.

Erodibility index (EI) means the factor used to determine the

inherent erodibility of a soil by dividing the potential average annual

rate of erosion without management for each soil by the predetermined T

value for the soil.

Federally owned land means land owned by the Federal Government or

any department bureau, or agency thereof, or any corporation whose

stock is wholly owned by the Federal Government.

Field means a part of a farm which is separated from the balance of

the farm by permanent boundaries such as fences, roads, permanent

waterways, woodlands, other similar features, or croplines, except that

croplines will be considered as separate fields only in cases where the

eligible cropland and farming practices divide the land into manageable

units and it is likely, as determined by CCC, that such cropline is not

subject to change during the duration of the contract.

Field Office Technical Guide means the official NRCS guidelines,

criteria, and standards for planning and applying conservation

treatments and conservation management systems. It contains detailed

information on the conservation of soil, water, air, plant, and animal

resources applicable to the local area for which it is prepared.

Field windbreak, shelterbelt, and living snowfence mean a

vegetative barrier with a linear configuration composed of trees or

shrubs which are designated as such practices in a

[[Page 49703]]

conservation plan and which are planted for the purpose of reducing

wind erosion, snow control, wildlife habitat, and energy conservation.

Filterstrip means a strip or area of vegetation of a width

determined appropriate for the purpose by the applicable Field Office

Technical Guide.

Highly erodible land applies to certain acreage enrolled in CRP

before January 1, 1995, and means land which is classified by NRCS as:

(1) Being predominantly Land Capability Classes II, III, IV, and V

with:

(i) An average annual erosion rate of at least 2T or;

(ii) A serious gully erosion problem as determined by the Deputy

Administrator;

(2) Being predominantly Land Capability Classes VI, VII, or VIII;

(3) If trees are to be planted under the conservation plan, eroding

at the rate of at least 2T; or

(4) Having:

(i) An erodibility index equal to or greater than 8 for either wind

or water erosion; and

(ii) An erosion rate greater than T.

Landlord means a person who rents or leases acreage to another

person.

Local FSA office means the FSA office serving the area in which the

FSA records are located for the farm or ranch.

Manageable unit means a part of a field that could be farmed in a

normal manner as a self-contained unit.

Offer or bid means, unless the context indicates otherwise, if

required by CCC, the per acre rental payment requested by the owner or

operator in such owner's or operator's offer to participate in the CRP.

Operator means a person who is in general control of the farming

operation on the farm, as determined by CCC.

Owner means a person or entity who is determined by FSA to have

sufficient legal ownership of the land, including a person who is

buying the acreage under a purchase agreement; each spouse in a

community property State; each spouse when spouses own property jointly

and a person who has life-estate in a property.

Participant means an owner or operator or tenant who has entered

into a contract. Payment period means the 10-15 year contract period

for which the participant receives an annual rental payment.

Permanent vegetative cover means perennial stands of approved

combinations of certain grasses, legumes, forbs, and shrubs with a life

span of 10 or more years, or trees.

Permanent wildlife habitat means a permanent vegetative cover with

the specific purpose of providing habitat, food, or cover for wildlife

and protecting other environmental concerns.

Practice means a conservation, wildlife habitat, or water quality

measure with appropriate operations and management as agreed to in the

conservation plan to accomplish the desired program objectives

according to NRCS standards and specifications as a part of a

conservation management system.

Predominantly highly erodible field means:

(1) A field in which at least 66\2/3\ percent of the land in such

field is highly erodible; or

(2) A field on which the participant agrees to plant trees, as

determined necessary by the Deputy Administrator to achieve overall

program goals, which is at least 33\1/3\ percent highly erodible land.

Quota means the pounds allocated to a farm for a commodity as

prescribed in the applicable program regulations.

Riparian buffer means areas adjacent to permanent or intermittent

streams (as designated on United States Geological Survey topographic

maps), permanent lakes, or wetlands that are influenced biologically

and physically by the water regime of the water body. Riparian buffers

shall be a minimum width as determined appropriate for the purpose of

the practice by the Field Office Technical Guide.

Soil Loss Tolerance (T) means the maximum average annual erosion

rate specified in the Field Office Technical Guide that will not

adversely impact the long term productivity of the soil.

State Technical Committee means that committee established pursuant

to 16 U.S.C. 3861 to provide information, analysis, and recommendations

to the Department of Agriculture.

State Water Quality Priority Areas means any area designated by the

State committee and NRCS, in consultation with the State Technical

Committee where agricultural nonpoint source pollutants or agricultural

point source pollutants contribute or create the potential for failure

to meet applicable water quality standards or the goals and

requirements of Federal or State water quality laws. These areas may

include areas designated under section 319 of the Federal Water

Pollution Control Act (33 U.S.C. 1329) as water quality protection

areas, sole source aquifers or other designated areas that result from

agricultural nonpoint sources of pollution. Acreage in these areas

could be determined eligible as conservation priority areas.

Technical assistance means the assistance provided in connection

with the CRP to owners or operators by NRCS, FS, or another source as

approved by the NRCS or FS, as appropriate, in classifying cropland,

developing conservation plans, determining the eligibility of land, and

implementing and certifying practices, and forestry issues.

Water bank program (WBP) means the program authorized by the Water

Bank Act of 1970 (16 U.S.C. 1301-1311) in which eligible persons enter

into 10 year agreements with NRCS to preserve, restore, and improve

wetlands.

Water cover means flooding of land by water either to develop or

restore shallow water areas for wildlife or wetlands, or as a result of

a natural disaster.

Wellhead means the actual location of a well, as determined by CCC,

for water being drawn for public use, as defined for public use by the

Safe Drinking Water Act, as amended.

Wetlands Reserve Program (WRP) means the program authorized by the

Food Security Act of 1985 (16 U.S.C 3837-3837f) in which eligible

persons enter to long-term agreements to restore and protect wetlands.

Sec. 1410.3 General description.

(a) Under the CRP, the CCC will enter into contracts with eligible

producers to convert eligible land to a conserving use for a minimum of

10 years in return for financial and technical assistance.

(b) A conservation plan for eligible acreage shall be approved by

the Conservation District in which the lands are located.

(c) The objectives of the CRP are to cost effectively reduce water

and wind erosion, protect the Nation's long-term capability to produce

food and fiber, reduce sedimentation, improve water quality, create and

enhance wildlife habitat, and other objectives including encouraging

more permanent conservation practices and tree planting.

(d) Except as otherwise provided, a participant may, in addition to

any payment under this part, receive cost-share assistance, rental

payments, or tax benefits from a State, subdivision of such State, or a

private organization in return for enrolling lands in CRP. However, a

participant may not receive or retain CRP cost-share assistance if

other Federal cost-share assistance is provided for such acreage under

any other provision of law, as determined by the Deputy Administrator.

Further, under no circumstances may the cost-share payments received

under this part or otherwise exceed the cost of the practice, as

determined by CCC.

[[Page 49704]]

Sec. 1410.4 Maximum county acreage.

The maximum acreage which may be placed in the CRP and the WRP may

not exceed 25 percent of the total cropland in the county of which no

more than 10 percent of the cropland in the county may be subject, in

the aggregate, to a CRP or WRP easement, unless CCC determines that

such action would not adversely affect the local economy of the county.

This restriction on participation shall be in addition to any other

restriction imposed by law.

Sec. 1410.5 Eligible persons.

(a) In order to be eligible to enter into a CRP contract in

accordance with this part, a person must be an owner, operator, or

tenant of eligible cropland and:

(1) If an operator of eligible cropland must have operated such

cropland for at least 1 year prior to the close of the applicable

signup period and must provide satisfactory evidence that such operator

will be in control of such cropland for the full term of the CRP

contract period;

(2) If an owner of eligible cropland, must have owned such cropland

for at least 1 calendar year prior to the close of the applicable

signup period, unless:

(i) The new owner acquired such cropland by will or succession as a

result of the death of the previous owner;

(ii) The only ownership change in the 1-year period occurred due to

foreclosure on the land and the owner of the land, immediately before

the foreclosure, exercises a timely right of redemption from the

mortgage holder in accordance with State law; or

(iii) As determined by the Deputy Administrator, the circumstances

of the acquisition are such as present adequate assurance that the new

owner of such cropland did not acquire such cropland for the purpose of

placing it in the CRP; or

(3) If a tenant, the tenant is a participant with an eligible owner

or operator.

(b) Notwithstanding paragraph (a) of this section, under continuous

signup provisions authorized by Sec. 1410.30, an otherwise eligible

person must have owned or operated, as appropriate, the eligible

cropland for at least 1 year prior to submission of a bid or offer.

Sec. 1410.6 Eligible land.

(a) Except as otherwise provided in this section, in order to be

eligible to be placed in the CRP, land must:

(1) Have been annually planted or considered planted to an

agricultural commodity in 2 of the 5 most recent crop years, as

determined by the Deputy Administrator;

(2) Be physically and legally possible to be planted in a normal

manner to an agricultural commodity, as determined by the Deputy

Administrator; and

(3) Except as provided in paragraph (b) of this section, if in a

redefined field, be a manageable unit which meets the minimum acreage

requirements, as determined by the Deputy Administrator, for the

county.

(b) A field or portion of a field determined to be suitable for use

as a permanent wildlife habitat, filterstrip, riparian buffer, contour

grass strip, grass waterway, field windbreak, shelterbelt, living

snowfence, or vegetation on salinity producing areas, and any area

determined eligible for the CRP based on wetland or wellhead protection

area criteria shall be eligible to be placed in the CRP, even if it

does not meet the definition of a manageable unit. A field or portion

of a field may be considered to be suitable for use as a filterstrip or

riparian buffer only if it, as determined by NRCS:

(1) Is located adjacent to a stream, other water of a permanent

nature (such as a lake, pond, or wetland), sinkholes, or wetland

excluding such areas as gullies or sod waterways; and

(2) Is capable, when permanent grass, forbs, shrubs or trees are

grown, of substantially reducing pollutant loadings or sediment that

otherwise would be delivered to the adjacent stream or waterbody.

(c) (1) A field which has evidence of scour erosion caused by out-

of-bank flows of water, as determined by NRCS, may be eligible to be

placed in the CRP, even if the field does not meet the requirement of

paragraph (a)(3) of this section.

(2) In order for land to be eligible for enrollment in the CRP

under this paragraph (c), such land must otherwise meet the

requirements of paragraph (a) of this section.

(3) Such land must in addition:

(i) Be expected to flood a minimum of once every 10 years; and

(ii) Have evidence of scour erosion as a result of such flooding.

(4) To the extent practicable, only cropland areas of a field may

be enrolled in the CRP under this paragraph. The entire cropland area

of an eligible field may be enrolled if:

(i) The size of the field is 9 acres or less; or

(ii) More than one third of the cropland in the field is land which

lies between the water source and the inland limit of the scour

erosion.

(5) If the full field is not eligible for enrollment under this

paragraph, the portion of the field eligible for enrollment shall be

that portion of the cropland between the water body and the inland

limit of the scour erosion together with, as determined by the Deputy

Administrator, additional areas which would otherwise be unmanageable

and would be isolated by the eligible areas.

(6) Cropland approved for enrollment under this paragraph shall be

planted to an appropriate tree species or mix thereof according to the

Field Office Technical Guide, unless tree planting is determined to be

inappropriate by NRCS in consultation with FS, in which case the

eligible cropland shall be devoted to another acceptable permanent

vegetative cover in accordance with the Field Office Technical Guide.

(d) Notwithstanding paragraph (a)(3) of this section, the following

land may also, as determined by the Deputy Administrator, be considered

eligible for the CRP under the provisions of this part, provided that

all other provisions of paragraph (a) of this section are met:

(1) Land contributing to the degradation of water quality or posing

an on-site or off-site environmental threat to water quality if such

land remains in production so long as water quality objectives, with

respect to such land, cannot be obtained under other Federal programs,

including but not limited to EQIP.

(2) Land devoted to living snowfences, grass waterways, field

windbreaks, wildlife habitat, shelterbelts, filterstrips, or riparian

buffers;

(3) Land devoted to certain covers, as determined by the Deputy

Administrator, which are established and maintained according to the

Field Office Technical Guide providing such acreage is not under life-

span requirements established under any other Federal Programs; or

(4) Non-irrigated or irrigated cropland which produces or serves as

the recharge area, as determined by the Deputy Administrator, saline

seeps, or acreage which is functionally related to such saline seeps,

or where a rising water table contributes to increased levels of

salinity at or near the ground surface.

(e) Federal lands, lands acquired by an agency of the Federal

Government, or by a quasi-federal entity are ineligible for the CRP.

(f) Except as provided in paragraph (h) of this section and unless

otherwise approved by the Deputy Administrator, land otherwise eligible

for the CRP shall not be eligible if the land is subject to a deed or

other restriction prohibiting

[[Page 49705]]

the production of agricultural commodities.

(g) Acreage currently enrolled in the CRP may be eligible to be

reoffered for enrollment if the scheduled expiration date of the

current CRP contract is to occur before the available effective date of

a new CRP contract, as determined by the Deputy Administrator, and if

the acreage is otherwise eligible according to this part, as determined

by the Deputy Administrator.

(h) Except as otherwise provided in this section, eligible land

must be:

(1) Land with an EI greater than or equal to 8, calculated by using

the weighted average of the EI's of Soil Map Units within a field;

(2) Land having evidence of scour erosion caused by out-of-bank

water flows;

(3) Land within a public wellhead protection area established by

the EPA or in a Hydrologic Unit Area approved by the Secretary;

(4) Land within a designated conservation priority area;

(5) A field or part of a field determined suitable for filter

strip, grass waterway, field windbreak, shelterbelt, living snowfence,

or vegetation on salinity producing areas, including any applicable

recharge areas;

(6) A field or part of a field determined suitable for riparian

buffer, in which case the provisions of paragraph (a) need not apply;

(7) Acreage designated a farmed wetland by NRCS according to part

12 of this title; or

(8) Acreage enrolled in the WBP, in which case the provisions of

paragraph (a) of this section need not apply, provided that WBP land

may not be enrolled unless:

(i) The acreage is in the final year of the WBP agreement;

(ii) The acreage is not classified as naturally occurring type 3

through 7 wetlands, as determined by CCC including acreage protected by

a Federal agency easement or mortgage restriction (types 3 through 7

wetlands that are normally artificially flooded shall not be precluded

from eligibility);

(iii) The acreage meets statutory criteria for enrollment; and

(iv) Enrollment in the CRP would cost-effectively enhance the

environmental benefits of the site, as determined by CCC.

Sec. 1410.7 Duration of contracts.

(a) Except as provided in paragraph (b) of this section, contracts

under this part shall be 10 years in duration.

(b) In the case of land devoted to hardwood trees, shelterbelts,

windbreaks, or wildlife corridors under the original terms of a

contract subject to this part or for land devoted to such use under a

contract modified under Sec. 1410.10, the participant may specify the

duration of the contract provided that such contracts must be at least

10 years and no more than a total of 15 years in length.

(c) Within the constraints of paragraphs (a) and (b) of this

section, all contracts shall expire on September 30 of the appropriate

year.

Sec. 1410.8 Conservation priority areas.

(a) The Deputy Administrator may designate other areas of special

environmental sensitivity as conservation priority areas.

(b) State FSA committees, in consultation with NRCS and State

Technical Committees, may submit an application within guidelines

established by the Deputy Administrator for designation of other areas

to the Deputy Administrator. Such applications should contain clearly

defined conservation and environmental objectives and analysis how CRP

can cost-effectively address such objectives. Generally, the total

acreage of conservation priority areas, in aggregate, shall not total

more than 10 percent of the cropland in a State, as determined by CCC.

(c) Watersheds shall be eligible for designation as a priority area

only if the watershed has actual significant adverse water quality or

wildlife habitat impacts related to activities of agricultural

production.

(d) Conservation priority area designations expire after 5 years

unless redesignated, except they may be withdrawn:

(1) Upon application by the appropriate State water quality agency;

or

(2) By the Secretary, if such areas no longer contain actual and

significant adverse water quality, wildlife habitat, or other

environmental impacts in association with agricultural production

activities.

(e) In those areas designated as priority areas, under this

section, special emphasis will be placed on maximizing water quality,

including assisting agricultural producers to comply with nonpoint

source pollution requirements, or wildlife habitat benefits through the

implementation of the CRP by cost-effectively promoting a significant

level of enrollment of lands within such designated areas, as

determined by the Deputy Administrator, which are determined to be

appropriate and consistent with the purposes of the program.

Sec. 1410.9 Alley-cropping.

(a) Alley-cropping on CRP land may be permitted by CCC if:

(1) The land is planted to, or converted to, hardwood trees in

accordance with Sec. 1410.10;

(2) Agricultural commodities are planted in accordance with an

approved conservation plan in close proximity to such hardwood trees;

and

(3) The owner and operator of such land agree to implement

appropriate conservation measures on such land.

(b) CCC may solicit bids for alley-cropping permission for CRP

land. Annual rental payments for the term of any contract modified

under this section shall be reduced by at least 50 percent of the

original amount of the total rental payment in the original contract

and total annual rental payments over the term of any contract modified

under this section may not exceed the total annual rental payments

specified in the original contract.

(c) The actual reduction in rental payment will be determined by

CCC, based upon criteria, such as percentage of the total acreage that

will be available for cropping and projected returns to the producer

from such cropping.

(d) The area available for cropping will be chosen according to the

Field Office Technical Guide and will be farmed in accordance with an

approved conservation plan so as to minimize erosion and degradation of

water quality during those years when the areas are devoted to an

agricultural commodity.

Sec. 1410.10 Conversion to trees.

An owner or operator who has entered into a contract prior to

November 28, 1990, may elect to convert areas of highly erodible

cropland, subject to such contract, which is devoted to permanent

vegetative cover, from such cover to hardwood trees (including alley

cropping where permitted by CCC), windbreaks, shelterbelts, or wildlife

corridors.

(a) With respect to any contract modified under this section, the

participant may elect to extend such contract in accordance with the

provisions of Sec. 1410.7 (b).

(b) With respect to any contract modified under this section in

which such areas are converted to windbreaks, shelterbelts, or wildlife

corridors, the owner of such land must agree to maintain such plantings

for a time period established by the Deputy Administrator.

(c) CCC shall, as it determines appropriate, pay up to 50 percent

of the eligible cost of establishing new conservation measures

authorized under

[[Page 49706]]

this section, except that the total cost-share paid with respect to

such contract, including cost-share assistance paid when the original

cover was established, may not exceed the amount by which CCC would

have paid had such land been originally devoted to such new

conservation measures.

(d) With respect to any contract modified under this section, the

participant must participate in the Forest Stewardship Program (16

U.S.C. 2103a).

Sec. 1410.11 Restoration of wetlands.

(a) An owner or operator who entered into a contract under part 704

of this chapter prior to November 28, 1990, on land that is suitable

for restoration to wetlands or that was restored to wetlands while

under such contract, may, if approved by CCC, apply to transfer such

eligible acres subject to such contract, which are devoted to an

approved cover, from the CRP to the WRP. Transferred acreage shall be

terminated from the CRP effective the day an easement is filed.

Participants will receive a prorated CRP annual payment for that part

of the year the acreage was enrolled in the CRP according to

Sec. 1410.42. Refunds of cost-share payments or any applicable

incentive payments need not be required.

(b) An owner or operator may, if approved by CCC, restore suitable

acres to wetlands while under the CRP without Federal cost-share

assistance if CRP cost share assistance was previously provided, since

water is an approved cover. The approved restoration shall become a

part of the conservation plan for the contracted area.

(c) An owner or operator who has enrolled acreage in the CRP under

the wetland eligibility criteria may restore suitable acres to wetlands

with cost-share assistance. In addition to the cost-share limitation in

Sec. 1410.41, an additional rental amount as a financial incentive may

be provided to encourage wetland restoration.

Secs. 1410.12--1410.19 [Reserved]

Sec. 1410.20 Obligations of participant.

(a) All participants subject to a CRP contract must agree to:

(1) Carry out the terms and conditions of such CRP contract;

(2) Implement the conservation plan which is part of such contract

in accordance with the schedule of dates included in such conservation

plan unless the Deputy Administrator determines that the participant

cannot fully implement the conservation plan for reasons beyond the

participant's control;

(3) Establish temporary vegetative cover when required by the

conservation plan or, as determined by the Deputy Administrator, if the

permanent vegetative cover cannot be timely established;

(4)(i) Reduce the aggregate total allotments and quotas for the

contract period for each farm which contains land subject to such CRP

contract by an amount based upon the ratio between the acres in the CRP

contract and the total cropland acreage on such farm. Allotments and

quotas reduced during the contract period shall be returned at the end

of the contract period in the same amounts as would apply had the land

not been enrolled in the CRP unless CCC approves, in accordance with

the provisions of Sec. 1410.34, an extension of such protection; and

(ii) reduce Agricultural Market Transition Act contract acres

enrolled under part 1412 of this chapter or CRP acres enrolled under

this part to the extent that the total of such acres exceeds the

cropland on the farm;

(5) Not produce an agricultural commodity on highly erodible land,

in a county which has not met or exceeded the acreage limitation under

Sec. 1410.4, which was acquired on or after November 28, 1990, unless

such land, as determined by CCC, has a history in the most recent five

year period of producing an agricultural commodity other than forage

crops;

(6) Comply with all requirements of part 12 of this title;

(7) Not allow grazing, harvesting, or other commercial use of any

crop from the cropland subject to such contract except for those

periods of time in accordance with instructions issued by the Deputy

Administrator;

(8) Establish and maintain the required vegetative or water cover

and the required practices on the land subject to such contract and

take other actions that may be required by CCC to achieve the desired

environmental benefits and to maintain the productive capability of the

soil throughout the CRP contract period;

(9) Comply with noxious weed laws of the applicable State or local

jurisdiction on such land;

(10) Control on land subject to such contract all weeds, insects,

pests and other undesirable species to the extent necessary to ensure

that the establishment and maintenance of the approved cover is

adequately protected, taking into consideration the needs of water

quality and wildlife, as determined by CCC; and

(11) Be jointly and severally responsible for compliance with such

contract and the provisions of this part and for any refunds or payment

adjustments which may be required for violations of any of the terms

and conditions of the CRP contract and provisions of this part except

that for acreage enrolled after January 1, 1995, a participant shall

only be jointly and severally liable for contract compliance when the

share of the payment attributable to the participant is greater than

zero

(b) [Reserved].

Sec. 1410.21 Obligations of the Commodity Credit Corporation.

CCC shall, subject to the availability of funds:

(a) Share the cost with participants of establishing eligible

practices specified in the conservation plan at the levels and rates of

cost-sharing determined in accordance with the provisions of this part;

(b) Pay to the participant for a period of years not in excess of

the contract period an annual rental payment in such amounts as may be

specified in the CRP contract;

(c) Provide such technical assistance as may be necessary to assist

the participant in carrying out the CRP contract; and

(d) Permit grazing on CRP land where the grazing is incidental to

the gleaning of crop residues on fields where the contracted land is

located. Such incidental grazing shall be limited to the 7-month period

in which grazing of conservation use acreage was allowed, as determined

by CCC, in a State under the provisions of the Agricultural Act of 1949

(7 U.S.C. 1421 et seq.), or after the producer harvests the grain crop

of the surrounding field. Further, CCC may provide approval of the

incidental grazing of the CRP only in exchange for an applicable

reduction in the annual rental payment, as determined appropriate by

the Deputy Administrator.

Sec. 1410.22 Conservation plan.

(a) The applicant shall develop and submit a conservation plan

which is acceptable to NRCS and is approved by the Conservation

District for the land to be entered in CRP.

(b) The practices included in the conservation plan and agreed to

by the participant must cost-effectively achieve the reduction in

erosion necessary to maintain the productive capability of the soil,

improvement in water quality, protection for wildlife or wetlands,

protection of a public well head, or

[[Page 49707]]

achieve other environmental benefits as applicable.

(c) If applicable, a tree planting plan shall be developed and

included in the conservation plan. Such tree planting plan may allow up

to 3 years to complete plantings if 10 or more acres of hardwood trees

are to be established.

(d) All conservation plans and revisions of such plans shall be

subject to the approval of CCC and the Conservation District.

Sec. 1410.23 Eligible practices.

(a) Eligible practices are those practices specified in the

conservation plan that meet all quantity and quality standards needed

to cost-effectively:

(1) Establish permanent vegetative or water cover, including

introduced or native species of grasses and legumes, forest trees,

permanent wildlife habitat, field windbreaks, and shallow water areas

for wildlife;

(2) Meet other environmental benefits, as applicable, for the

contract period; and

(3) Accomplish other purposes of the program.

(b) Water cover is eligible cover for purposes of paragraph (a) of

this section only if approved by the Deputy Administrator for the

enhancement of wildlife, improvement of water quality, or otherwise,

provided further that such water cover shall not include ponds for the

purpose of watering livestock, irrigating crops, or raising fish for

commercial purposes.

Secs. 1410.24-1410.29 [Reserved]

Sec. 1410.30 Signup.

Offers for contracts shall be submitted only during signup periods

as announced periodically by the Deputy Administrator, except that CCC

may hold a continuous signup for land to be devoted to particular uses,

as CCC deems desirable.

Sec. 1410.31 Acceptability of offers.

(a) Except as provided in paragraph (c) of this section, producers

may submit bids for the amounts in dollars they are willing to accept

as rental payments to enroll their acreage in the CRP. The bids shall,

to the extent practicable, be evaluated on a competitive basis in which

the bids selected will be those where the greatest environmental

benefits are generated for the Federal dollars expended provided the

bid is not in excess of the maximum acceptable payment rate established

for the county by or for the Deputy Administrator in accordance with

established procedure.

(b) In evaluating contract offers, different factors, as determined

by CCC, may be established from time to time for priority purposes to

accomplish the goals of the program. Such factors may include, but are

not limited to:

(1) Soil erosion;

(2) Water quality (both surface and ground water);

(3) Wildlife benefits;

(4) Conservation priority area designation for selection as

provided by Sec. 1410.8;

(5) Soil productivity;

(6) Conservation compliance considerations;

(7) Likelihood to remain in conserving uses beyond the contract

period, including tree planting and permanent wildlife habitat;

(8) State water quality priority areas; and

(9) Cost of enrolling acreage in the program.

(c) Acreage determined eligible for continuous signup, as provided

in Sec. 1410.30, shall be automatically accepted in the program if the:

(1) Land is eligible in accordance with the provisions of

Sec. 1410.6;

(2) Applicant is eligible in accordance with the provisions of

Sec. 1410.5; and

(3) Applicant accepts either the maximum payment rate CCC is

willing to offer to enroll the acreage in the program or a lesser

amount.

Sec. 1410.32 CRP contract.

(a) In order to enroll land in the CRP, the participant must enter

into a contract with CCC.

(b) The CRP contract will be comprised of:

(1) The terms and conditions for participation in the CRP;

(2) The conservation plan; and

(3) Any other materials or agreements determined necessary by CCC.

(c)(1) In order to enter into a CRP contract, the applicant must

submit an offer to participate at the local FSA office as provided in

Sec. 1410.30;

(2) An offer to enroll land in the CRP shall be irrevocable for

such period as is determined and announced by CCC. The applicant shall

be liable to CCC for liquidated damages if the applicant revokes an

offer during the period in which the offer is irrevocable as determined

by the Deputy Administrator. CCC may waive payment of such liquidated

damages if CCC determines that the assessment of such damages, in a

particular case, is not in the best interest of CCC.

(d) The CRP contract must, within the dates established by CCC, be

signed by:

(1) The applicant; and

(2) The owners of the cropland to be placed in the CRP, if

applicable.

(e) The Deputy Administrator or designee is authorized to approve

CRP contracts on behalf of CCC.

(f) As determined by CCC, CRP contracts may be terminated before

the expiration date when:

(1) The owner loses control of or transfers all or part of the

acreage under contract and the new owner does not wish to continue the

contract;

(2) The participant(s) voluntary request in writing to terminate

the contract and obtain the approval of CCC according to terms and

conditions as determined by CCC;

(3) The participant(s) are not in compliance with the terms and

conditions of the contract;

(4) Acreage is enrolled in another State, Federal or local

conservation program;

(5) The CRP practice fails after a certain time period, as

determined by the Deputy Administrator, and the county committee

determines the cost of restoring the cover outweighs the benefits

received from the restoration; or

(6) The CRP contract was approved based on erroneous eligibility

determinations.

(g)(1) Contracts for land enrolled in CRP before January 1, 1995,

which have been in effect for at least 5 years may be unilaterally

terminated by all CRP participants on a contract except for contract

acreage:

(i) Located within an average of 100 feet of a perennial stream or

other permanent waterbody;

(ii) On which a CRP easement is filed;

(iii) That is considered to be a wetland by NRCS;

(iv) Located within an EPA designated wellhead protection area;

(v) That is subject to frequent flooding;

(vi) That may be required to serve as a wetland buffer according to

the Field Office Technical Guide to protect the functions and values of

a wetland; or

(vii) On which there exist one or more of the following practices,

installed or developed as a result of participation in the CRP or as

otherwise required by the conservation plan:

(A) Grass waterways;

(B) Filter strips;

(C) Shallow water areas for wildlife;

(D) Bottomland timber established on wetlands;

(E) Field windbreaks; and

(F) Shelterbelts.

(2) For any land for which an early termination is sought, the land

must have an EI of 15 or less.

(3) With respect to terminations under this paragraph:

(i) The termination shall become effective 60 days from the date

the

[[Page 49708]]

participant(s) submits notification to CCC of the participant's desire

to terminate the contract;

(ii) Acreage terminated under this provision is eligible to be re-

offered for CRP during future signup periods providing the acreage

otherwise meets the eligibility criteria established for that signup;

and

(iii) Participants shall be required to meet conservation

compliance requirements of part 12 of this title to the extent

applicable to other land.

(h) Except as approved by CCC, where the new owner is a Federal

agency that agrees to abide by the terms and conditions of the

terminated contract, the participant in a contract that has been

terminated must refund all or part of the payments made with respect to

such contract plus interest thereon, as determined by CCC, and shall

pay liquidated damages as provided for in such contract. CCC, in its

discretion, may permit the amount to be repaid to be reduced to the

extent that such a reduction will not impair program operations.

Further, no refund of rental and cost-share payments shall be required

from a participant who is otherwise in full compliance with the CRP

contract when the land is purchased by or for the Fish and Wildlife

Service.

Sec. 1410.33 Contract modifications.

(a) By mutual agreement between CCC and the participant, a CRP

contract may be modified in order to:

(1) Decrease acreage in the CRP;

(2) Permit the production of an agricultural commodity under

extraordinary circumstances during a crop year on all or part of the

land subject to the CRP contract as determined by the Deputy

Administrator;

(3) Facilitate the practical administration of the CRP; or

(4) Accomplish the goals and objectives of the CRP, as determined

by the Deputy Administrator.

(b) CCC may modify CRP contracts to add, delete, or substitute

practices when:

(1) The installed practice failed to adequately provide for the

desired environmental benefit through no fault of the participant; or

(2) The installed measure deteriorated because of conditions beyond

the control of the participant; and

(3) Another practice will achieve at least the same level of

environmental benefit.

(c) Offers to extend contracts may be made available to the extent

otherwise allowed by law.

Sec. 1410.34 Extended base protection.

(a) In the final year of the contract, participants may, subject to

approval by the Deputy Administrator, request to extend the

preservation of cropland base, quota, and allotment history for 5

years, without payment. Such approval may be given by CCC only if

participants agree to continue for that period to abide by the terms

and conditions which applied to the relevant contract relating to the

conservation of the property for the term in which payments were to be

made.

(b) Where such an extension is approved, no additional cost share,

annual rental, or bonus payment shall be made that would not have been

made under the original contract for its original term.

(c) Haying and grazing of the acreage subject to such an extension

may be permitted during the extension period, except during any

consecutive 5-month period between April 1 and October 31 of any year

as shall be established by the State committee. In the event of a

natural disaster, however, CCC may permit unlimited haying and grazing

of such acreage.

(d) In the event of a violation of any CRP contract extended under

this section, CCC may reduce or terminate the amount of cropland base,

quota, and allotment history otherwise preserved under the contract or

under an extension of the contract.

Secs. 1410.35-1410.39 [Reserved]

Sec. 1410.40 Cost-share payments.

(a) Cost-share payments shall be made available upon a

determination by CCC that an eligible practice, or an identifiable unit

thereof, has been established in compliance with the appropriate

standards and specifications.

(b) Except as otherwise provided for in this part, cost-share

payments may be made under the CRP only for the cost-effective

establishment or installation of an eligible practice.

(c) Except as provided in paragraph (d) of this section, cost-share

payments shall not be made to the same owner or operator on the same

acreage for any eligible practices which have been previously

established, or for which such owner or operator has received cost-

share assistance from the Department or other Federal agency.

(d) Except as provided for under Sec. 1410.10(c), cost-share

payments may be authorized for the replacement or restoration of

practices for which cost-share assistance has been previously allowed

under the CRP, only if:

(1) Replacement or restoration of the practice is needed to achieve

adequate erosion control, enhanced water quality, wildlife habitat, or

increased protection of public wellheads; and

(2) The failure of the original practice was due to reasons beyond

the control of the participant.

(e) The cost-share payment made to a participant shall not exceed

the participant's actual contribution to the cost of establishing the

practice and the amount of the cost-share may not be an amount which,

when added to assistance from other sources, exceeds the cost of the

practices.

(f) In the case of land devoted to hardwood trees, windbreaks,

shelterbelts, or wildlife corridors under a contract subject to this

part or in the case of land converted to such use under Sec. 1410.10,

CCC may pay up to 50 percent of appropriate costs, as determined by

CCC, to the participant for the estimated costs of maintaining such

plantings, including the cost of replanting if such plantings are lost

for reasons beyond the control of the participant, during not less than

the 2-year nor more than the 4-year period commencing on the date of

such plantings.

(g) CCC shall not make cost-share payments with respect to a CRP

contract if any other Federal cost-share assistance has been, or is

being, made on land subject to such contract.

Sec. 1410.41 Levels and rates for cost-share payments.

(a) As determined by the Deputy Administrator, CCC may not pay more

than 50 percent of the actual or average cost of establishing eligible

practices specified in the conservation plan, except that CCC may allow

cost-share payments for maintenance costs to the extent required by

Sec. 1410.40(f) and CCC may determine the period and amount of such

cost-share payments.

(b) The average cost of performing a practice may be determined by

CCC based on recommendations from the State Technical Committee. Such

cost may be the average cost in a State, a county, or a part of a

county or counties as determined by the Deputy Administrator.

(c) A rental amount as a financial incentive, in an amount up to 25

percent of restoring the hydrology on the site, may be offered to

participants that restore eligible wetlands in accordance with the

provisions of Sec. 1410.11.

Sec. 1410.42 Annual rental payments.

(a) Subject to the availability of funds, annual rental payments

shall be made in such amount and in accordance with

[[Page 49709]]

such time schedule as may be agreed upon and specified in the CRP

contract.

(b) The annual rental payment shall be divided among the

participants on a single contract in the manner agreed upon in such

contract.

(c) The maximum amount of rental payments which a person may

receive under the CRP for any fiscal year shall not exceed $50,000. The

regulations set forth at part 1400 of this chapter shall be applicable

in making certain eligibility and ``person'' determinations as they

apply to payment limitations under this part, except that the

regulations set forth in part 795 of this title may be applied to

contracts approved before August 1, 1988.

(d) In the case of a contract succession, annual rental payments

shall be divided between the predecessor and the successor participants

as agreed to among the participants and approved by CCC. If there is no

agreement among the participants, annual rental payments shall be

divided based on the actual days of ownership of the property as

reflected in applicable appropriately filed land records.

(e) CCC may reject any and all offers received from applicants who

had previously entered into CRP contracts with CCC if the total annual

rental payments due under such prior contracts (excluding contracts

entered into in accordance with the provisions of Sec. 1410.51 plus the

total annual rental payments called for in the offer) exceed $50,000.

(f) CCC shall, when appropriate, prepare a schedule for each county

that shows the rental rate CCC may pay for different soil types. As

determined by the Deputy Administrator, such schedule shall be

calculated based on the relative productivity of soils within the

county using NRCS data and local FSA average dryland cash rental

estimates. The schedule shall be posted in the local FSA office. As

determined by the Deputy Administrator, the schedule shall indicate,

when appropriate, that:

(1) Contracts offered by producers who request rental payments

greater than the schedule for their soil(s) will be rejected;

(2) Offers of contracts that are expected to provide especially

high environmental benefits, as determined by the Deputy Administrator,

may be the accepted without further evaluation when the requested

rental rate is less than or equal to the corresponding soil(s)

schedule; and

(3) Remaining contracts offered shall be ranked competitively based

on the environmental benefits index, taking into account the Government

cost of the contract, in order to provide the most cost effective

environmental benefits, as determined by the Deputy Administrator.

(g) Additional financial incentives may be provided to producers

offering contracts expected to provide especially high environmental

benefits through an increased annual rental payment of not more than 25

percent as determined by the Deputy Administrator.

Sec. 1410.43 Method of payment.

Except as provided in Sec. 1410.50, payments made by CCC under this

part may be made in cash, in kind, in commodity certificates, or in any

combination of such methods of payment in accordance with part 1401 of

this chapter, unless otherwise specified by CCC.

Secs. 1410.44-1410.49 [Reserved]

Sec. 1410.50 State enhancement program.

(a) For contracts to which a State, political subdivision, or

agency thereof has succeeded in connection with an approved

conservation reserve enhancement program, payments shall be made in the

form of cash only. The provisions that limit the amount of payments per

year that a person may receive under this part shall not be applicable

to payments received by such State, political subdivision, or agency

thereof in connection with agreements entered into under such program

carried out by such State, political subdivision, or agency thereof

which has been approved by the Secretary.

(b) CCC may enter into other agreements with States, as approved by

the Secretary, to utilize the CRP to further the conservation and

environmental objectives of that State and the Nation.

Sec. 1410.51 Transfer of land.

(a) (1) If a new owner or operator purchases or obtains the right

and interest in, or right to occupancy of, the land subject to a CRP

contract, as determined by the Deputy Administrator, such new owner or

operator, upon the approval of CCC, may become a participant to a new

CRP contract with CCC with respect to such transferred land.

(2) With respect to the transferred land, if the new owner or

operator becomes a successor to the existing CRP contract, the new

owner or operator shall assume all obligations under the CRP contract

of the previous participant.

(3) If the new owner or operator becomes a successor to a CRP

contract with CCC:

(i) Cost-share payments shall be made to the participant, past or

present, who established the practice; and

(ii) Annual rental payments to be paid during the fiscal year when

the land was transferred shall be divided between the new participant

and the previous participant in the manner specified in Sec. 1410.42.

(b) If a participant transfers all or part of the right and

interest in, or right to occupancy of, land subject to a CRP contract

and the new owner or operator does not become a successor to such

contract within 60 days of such transfer, such contract shall be

terminated with respect to the affected portion of such land and the

original participant:

(1) Must forfeit all rights to any future payments with respect to

such acreage; and

(2) Shall comply with the provisions of Sec. 1410.32(h).

(c) Federal agencies acquiring property, by foreclosure or

otherwise, that contains CRP contract acreage cannot be a party to the

contract by succession. However, through an addendum to the CRP

contract, if the current operator of the property is one of the

participants on such contract, such operator may, as permitted by CCC,

continue to receive payments provided for in such contract so long as:

(1) The property is maintained in accordance with the terms of the

contract;

(2) Such operator continues to be the operator of the property; and

(3) Ownership of the property remains with such federal agency.

Sec. 1410.52 Violations.

(a) (1) If a participant fails to carry out the terms and

conditions of a CRP contract, CCC may terminate the CRP contract.

(2) If the CRP contract is terminated by CCC in accordance with

this paragraph:

(i) The participant shall forfeit all rights to further payments

under such contract and refund all payments previously received

together with interest; and

(ii) Pay liquidated damages to CCC in such amount as specified in

such contract.

(b) If the Deputy Administrator determines such failure does not

warrant termination of such contract, the Deputy Administrator may

authorize relief as the Deputy Administrator deems appropriate.

(c) CCC may also terminate a CRP contract if the participant agrees

to such termination and CCC determines such termination to be in the

public interest.

(d) CCC may reduce a demand for a refund under this section to the

extent

[[Page 49710]]

CCC determines that such relief would be appropriate and will not deter

the accomplishment of the goals of the program.

Sec. 1410.53 Executed CRP contract not in conformity with

regulations.

If, after a CRP contract is approved by CCC, it is discovered that

such CRP contract is not in conformity with the provisions of this

part, the provisions of the regulations shall prevail.

Sec. 1410.54 Performance based upon advice or action of the

Department.

The provisions of Sec. 718.8 of this title relating to performance

based upon the action or advice of a representative of the Department

shall be applicable to this part.

Sec. 1410.55 Access to land under contract.

(a) Any representative of the Department, or designee thereof,

shall be provided by the applicant or participant as the case may be,

with access to land which is:

(1) The subject of an application for a program under this part; or

(2) Under contract or otherwise subject to this part.

(b) With respect to such land identified in paragraph (a) of this

section the participant or applicant shall provide such representatives

with access to examine records with respect to such land for the

purpose of determining land classification and erosion rates and for

the purpose of determining whether there is compliance with the terms

and conditions of the CRP.

Sec. 1410.56 Division of program payments and provisions relating to

tenants and sharecroppers.

(a) Payments received under this part shall be divided in the

manner specified in the applicable contract or agreement and CCC shall

ensure that producers who would have shared in the risk of producing

crops on land subject to such contract and who continue to maintain an

interest in such acreage, receive treatment deemed to be equitable. CCC

may refuse to enter into a contract when there is a disagreement among

persons seeking enrollment as to a tenant's eligibility and there is

insufficient evidence to indicate whether a tenant does or does not

have an interest in the acreage.

(b) CCC may remove an operator or tenant from a CRP contract when

the operator or tenant:

(1) Requests, in writing to be removed from CRP-1;

(2) Files for bankruptcy and the trustee or debtor in possession

fails to affirm the contract, to the extent permitted by the provisions

of applicable bankruptcy laws;

(3) Dies during the contract period and the Administrator of the

estate fails to succeed to the contract within a period of time

determined acceptable by the Deputy Administrator; or

(4) For acreage enrolled under contracts executed after January 1,

1995, if a court-ordered directive to remove the operator or tenant is

received by FSA.

(c) For acreage enrolled under contracts executed after January 1,

1995, in addition to the provisions in paragraph (b) of this section,

tenants shall maintain their tenancy throughout the contract period in

order to remain on a contract. If a tenant fails to maintain their

tenancy under applicable State law, CCC may remove a tenant from a

contract. CCC shall assume the tenancy is being maintained unless

notified otherwise by a CRP participant on the applicable contract.

Sec. 1410.57 Payments not subject to claims.

Subject to part 1403 of this chapter, any cost-share or annual

payment or portion thereof due any person under this part shall be

allowed without regard to questions of title under State law, and

without regard to any claim or lien in favor of any creditor, except

agencies of the United States Government.

Sec. 1410.58 Assignments.

Any participant who may be entitled to any cash payment under this

program may assign the right to receive such cash payments, in whole or

in part, as provided in part 1404 of this chapter, except that

assignments may also be made to secure or pay pre-existing

indebtedness.

Sec. 1410.59 Appeals.

(a) Except as provided in paragraph (b) of this section, a

participant or person seeking participation may appeal or request

reconsideration of an adverse determination rendered with regard to

such participation in accordance with the administrative appeal

regulations at parts 11 and 780 of this title.

(b) Determinations by NRCS concerning land classification, erosion

rates, water quality ratings or other technical determinations may be

appealed in accordance with procedures established under part 614 of

this title or otherwise established by NRCS.

Sec. 1410.60 Scheme or device.

(a) If it is determined by CCC that a person has employed a scheme

or device to defeat the purposes of this part, any part of any program

payments otherwise due or paid such person during the applicable period

may be withheld or required to be refunded with interest thereon as

determined appropriate by CCC.

(b) A scheme or device includes, but is not limited to, coercion,

fraud, misrepresentation, depriving any other person of cost-share

assistance or land rental payments, or obtaining a payment that

otherwise would not be payable.

(c) A new owner or operator or tenant of land subject to this part

who succeeds to the responsibilities under this part shall report in

writing to CCC any interest of any kind in the land subject to this

part that is retained by a previous participant. Such interest shall

include a present, future, or conditional interest, reversionary

interest, or any option, future or present, with respect to such land

and any interest of any lender in such land where the lender has, will,

or can obtain, a right of occupancy to such land or an interest in the

equity in such land other than an interest in the appreciation in the

value of such land occurring after the loan was made. Failure to fully

disclose such interest shall be considered a scheme or device under

this section.

Sec. 1410.61 Filing of false claims.

If it is determined by CCC that any participant has knowingly

supplied false information or has knowingly filed a false claim, such

participant shall be ineligible for payments under this part with

respect to the program year in which the false information or claim was

filed and the contract may be terminated in which case a full refund of

all prior payments may be demanded. False information or false claims

include, but are not limited to, claims for payment for practices which

do not meet the specifications of the applicable conservation plan. Any

amounts paid under these circumstances shall be refunded, together with

interest as determined by CCC, and any amounts otherwise due such

participant shall be withheld. The remedies provided for in this

section shall be in addition to any and all other remedies, criminal

and/or civil that may apply.

Sec. 1410.62 Miscellaneous.

(a) Except as otherwise provided in this part, in the case of

death, incompetency, or disappearance of any participant, any payment

due under this part shall be paid to the participant's successor in

accordance with the provisions of part 707 of this title.

(b) Unless otherwise specified in this part, payments under this

part shall be subject to the requirements of part 12 of this title

concerning highly-erodible land and wetland conservation and

[[Page 49711]]

payments that otherwise could be made under this part may be withheld

to the extent provided for in part 12 of this title.

(c) Any remedies permitted CCC under this part shall be in addition

to any other remedy, including, but not limited to criminal remedies,

or actions for damages in favor of CCC, or the United States, as may be

permitted by law.

(d) Absent a scheme or device to defeat the purpose of the program,

when an owner loses control of CRP acreage due to foreclosure and the

new owner chooses not to continue the contract according to

Sec. 1410.51, refunds shall not be required from any participant on the

contract.

(e) Crop insurance requirements in part 1405 of this chapter apply

to all acreage initially enrolled after October 12, 1994, as determined

by the Deputy Administrator.

(f) Land enrolled in CRP shall be classified as cropland for the

time period enrolled in CRP and, after the time period of enrollment,

shall be removed from such classification upon a determination by the

county committee that such land no longer meets the conditions

identified in part 718 of this title.

(g) Research projects may be proposed by the State committee and

authorized by the Deputy Administrator to address defined conservation

or land use problems, water quality issues, or wildlife habitat. The

research projects must include objectives that are consistent with this

part, involve land that otherwise meets required eligibility criteria,

provide beneficial information on economically and environmentally

sound agricultural practices, not adversely affect local agricultural

markets, and be conducted and monitored by a bona fide research entity.

Sec. 1410.63 Permissive uses.

Unless otherwise specified by the Deputy Administrator, no crops of

any kind may be planted or harvested from designated CRP acreage during

the contract period.

Sec. 1410.64 Special concurrence requirements for certain functions

In establishing policies, priorities, and guidelines, FSA shall

obtain the concurrence of the NRCS at national, State, and local

levels.

Sec. 1410.65 Paperwork Reduction Act assigned numbers.

The Office of Management and Budget has approved the information

collection requirements contained in these regulations under provisions

44 U.S.C. Chapter 35 and OMB number 0560-0125 has been assigned.

Signed at Washington, DC, on September 17, 1996.

Bruce R. Weber,

Acting Administrator, Farm Service Agency, and Acting Executive Vice

President, Commodity Credit Corporation.

[FR Doc. 96-24268 Filed 9-19-96; 8:45 am]

BILLING CODE 3410-05-P