[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: 7CFR636.4]

[Page 440-441]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 636_WILDLIFE HABITAT INCENTIVES PROGRAM--Table of Contents
 
Sec.  636.4  Program requirements.

    (a) To participate in WHIP, a person must:
    (1) Develop and agree to comply with a WHDP, as described in Sec.  
636.7;

[[Page 441]]

    (2) Enter into a cost-share agreement for the development of 
wildlife as described in Sec.  636.8;
    (3) Provide NRCS with written evidence of ownership or legal control 
for the life of the proposed cost-share agreement period; however, an 
exception may be made by the Chief:
    (i) In the case of land allotted by the Bureau of Indian Affairs, 
tribal land, or
    (ii) Other instances in which NRCS determines there is sufficient 
assurance of control;
    (4) Agree to provide all information to NRCS as determined to be 
necessary to assess the merits of a proposed project and to monitor the 
compliance of a participant with a cost-share agreement; and (5)Agree to 
grant to NRCS or its representatives access to the land for purposes 
related to application, assessment, monitoring, enforcement, or other 
actions required to implement this part.
    (b) Ineligible land. NRCS shall not provide cost-share assistance 
with respect to practices on land:
    (1) Enrolled in a program where wildlife habitat objectives have 
been sufficiently achieved through other forms of assistance or without 
assistance, as determined by NRCS.
    (2) With on-site or off-site conditions which NRCS determines would 
undermine the benefits of the habitat development or otherwise reduce 
its value;
    (3) Where NRCS determines that the wildlife habitat development 
benefits attainable are of lessor value than would occur on other lands; 
or
    (4) Owned by the United States, except where there is a direct 
Tribal, State, or private benefit; or
    (5) On which habitat for threatened or endangered species would be 
adversely affected.
    (c) All other land except as provided in paragraph (b) of this 
section is eligible.