[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR636.10]

[Page 442-443]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 636_WILDLIFE HABITAT INCENTIVES PROGRAM--Table of Contents
 
Sec.  636.10  Transfer of interest in a cost-share agreement.

    (a) (1) If the ownership or operation of the land changes during the 
term of the cost-share agreement, NRCS shall modify the cost-share 
agreement to reflect the new interested persons and new divisions of 
payments. NRCS shall

[[Page 443]]

make eligible cost-share payments upon presentation of an assignment of 
rights or other evidence that title had passed.
    (2) With respect to any and all payments owed to participants who 
wish to transfer ownership or control of land subject to a cost-share 
agreement, the division of payment shall be determined by the original 
party and that party's successor. In the event of a dispute or claim on 
the distribution of cost-share payments, NRCS may withhold payments 
without the accrual of interest pending a settlement or adjudication on 
the rights to the funds.
    (b) (1) If such new owners or operators are not willing to assume 
the responsibilities posed in an existing WHIP cost-share agreement, 
NRCS shall terminate the cost-share agreement and may require that all 
cost-share payments may be forfeited, refunded, or both.
    (2) The signatories to the cost-share agreement shall be jointly and 
severally responsible for refunding the cost-share payments pursuant to 
paragraph (b)(1) of this section.