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75 FR 66234, Oct. 27, 2010, unless otherwise noted.
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(a) For the purposes of this subpart, eligible land must be physically and legally capable of producing an eligible crop and must be:
(1) Agricultural land; or
(2) Nonindustrial private forest land.
(b) For the purposes of this subpart, eligible land is not:
(1) Federal- or State-owned land, including land owned by local governments or municipalities;
(2) Land that is native sod;
(3) Land enrolled in the Conservation Reserve Program (CRP) as specified in part 1410 of this chapter for which either:
(i) The enrollment is not expiring in the current fiscal year; or
(ii) A CRP payment for this land has been received in the current fiscal year; or
(4) Land enrolled in the Agricultural Conservation Easement Program (ACEP) for which either:
(i) The enrollment is not expiring in the current fiscal year; or
(ii) An ACEP payment for this land has been received in the current fiscal year.
[75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10575, Feb. 27, 2015]