[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR623.21]

[Page 379-380]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 623--EMERGENCY WETLANDS RESERVE PROGRAM--Table of Contents
 
Sec. 623.21  Scheme and device.

    (a) If it is determined by NRCS that a landowner has employed a 
scheme or device to defeat the purposes of this part, any part of any 
program payment otherwise due or paid such landowner during the 
applicable period may be withheld or be required to be refunded with 
interest thereon, as determined appropriate by NRCS, and the contract 
with the landowner may be terminated. In such a case, NRCS may also 
continue to hold the easement interest acquired under this part.
    (b) A scheme or device includes, but is not limited to, coercion, 
fraud, misrepresentation, depriving any other

[[Page 380]]

person of payments for cost-share practices or easements for the purpose 
of obtaining a payment to which a person would otherwise not be 
entitled.
    (c) An owner of land subject to this part who succeeds to the 
responsibilities under this part shall report in writing to NRCS any 
interest of any kind in the land subject to this part that is retained 
by a previous participant. Such interest includes 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. A failure of full disclosure will be considered 
a scheme or device under this section.