[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: 7CFR633.5]

[Page 403-404]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 633--WATER BANK PROGRAM--Table of Contents
 
Sec. 633.5  Application procedures.

    (a) Application for participation. To apply for enrollment, a person 
must submit an application for participation in the WBP.
    (b) Preliminary agency actions. The NRCS must certify that the 
designated acreage that would be placed under an agreement constitutes a 
viable wetland unit, contains sufficient adjacent land

[[Page 404]]

to protect the wetland, and provides essential habitat for the nesting, 
breeding or feeding of migratory waterfowl.
    (c) Where funds allocated to the State do not permit accepting all 
requests which are filed, the State Conservationist, in consultation 
with the State Technical Committee, may establish ranking criteria and 
limit the approval of requests for agreements in accordance with the 
ranking scheme. Any ranking scheme shall consider estimated costs of the 
agreement, costs of protection, availability of matching funds, 
significance of wetland functions and values, and estimated success of 
protection measures.
    (d) The NRCS may place higher priority on certain geographic regions 
of the State where the protection of wetlands may better achieve NRCS 
State and regional goals and objectives.
    (e) Notwithstanding any limitation of this part, the State 
Conservationist may enroll eligible lands at any time in order to 
encompass total wetland areas subject to multiple ownership or otherwise 
to achieve program objectives. Similarly, the State Conservationist may, 
at any time, exclude otherwise eligible lands if the participation of 
the adjacent landowners is essential to the successful protection of the 
wetlands and those adjacent landowners are unwilling to participate.