[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1466.24]

[Page 625-626]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1466--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM--Table of Contents
 
                    Subpart B--Contracts and Payments
 
Sec.  1466.24  EQIP payments.

    (a) Except as provided in paragraph (b) of this section, the total 
amount of cost-share and incentive payments paid to an individual or 
entity under this part may not exceed an aggregate of $450,000, directly 
or indirectly, for all contracts entered into during FYs 2002 through 
2007.
    (b) To determine eligibility for payments, NRCS will use the 
following criteria:
    (1) The provisions in 7 CFR part 1400, Payment Limitation and 
Payment Eligibility, subparts A and G.
    (2) States, political subdivisions, and entities thereof will not be 
considered to be individuals or entities eligible for payment.
    (3) To be eligible to participate in EQIP, all individuals applying, 
either alone or as part of a joint operation, must provide a social 
security number. Where applicable; American Indians, Alaska Natives, and 
Pacific Islanders may use another unique identification number for each 
individual eligible for payment.
    (4) To be eligible to participate in EQIP, any entity, as identified 
in 7 CFR part 1400, must provide a list of all members of the entity and 
embedded entities along with the members' social security numbers and 
percentage interest in the entity.
    (5) With regard to contracts on Indian Land, payments exceeding the 
payment limitation may be made to the Tribal venture if an official of 
BIA or a Tribal official certifies in writing that no one individual 
directly or indirectly will receive more than the limitation. The Tribal 
entity must also provide, annually, listing of individuals and payments 
made, by social security number or other unique identification number, 
during the previous year for calculation of overall payment limitations. 
The Tribal entity must also produce, at the request of NRCS, proof of 
payments made to the individuals that incurred the costs for 
installation of the practices.
    (6) Any cooperative association of producers that markets 
commodities for producers will not be considered to be a person eligible 
for payment.
    (7) Eligibility for payments in accordance with 7 CFR part 1400, 
subpart G, average adjusted gross income limitation, will be determined 
at the time of contract approval.
    (8) Eligibility for higher cost-share payments in accordance with 
paragraph (a) of this section will be determined at the time of approval 
of the contract.
    (9) Any participant that utilizes a unique identification number as 
an alternative to a social security number will utilize only that 
identifier for any and all other EQIP contracts that the participant is 
party to. Violators will be considered to have provided fraudulent 
representation and be subject to full penalties of section 1466.35.
    (10) A participant will not be eligible for cost-share or incentive 
payments for conservation practices on eligible land if the participant 
receives cost-

[[Page 626]]

share payments or other benefits for the same practice on same land 
under any other conservation program administered by USDA.
    (11) Before NRCS will approve and issue any cost-share or incentive 
payment, the participant must certify that the conservation practice has 
been completed in accordance with the contract, and NRCS or other 
approved Technical Service Provider certifies that the practice has been 
carried out in accordance with the conservation practice standards of 
the applicable NRCS field office technical guide.
    (12) The provisions of 7 CFR 1412.505 except that refunds will be 
determined by the State Conservationist.