[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR12.9]

[Page 343]
 
                          TITLE 7--AGRICULTURE
 
PART 12_HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 12.9  Landlords and tenants.

    (a) Landlord eligibility. (1) Except as provided in paragraph (a)(2) 
of this section, the ineligibility of a tenant or sharecropper for 
benefits (as determined under Sec. 12.4) shall not cause a landlord to 
be ineligible for USDA program benefits accruing with respect to land 
other than those in which the tenant or sharecropper has an interest.
    (2) The provisions of paragraph (a)(1) of this section shall not be 
applicable to a landlord if the production of an agricultural commodity 
on highly erodible land or converted wetland by the landlord's tenant or 
sharecropper is required under the terms and conditions of the agreement 
between the landlord and such tenant or sharecropper and such agreement 
was entered into after December 23, 1985, or if the landlord has 
acquiesced in such activities by the tenant or sharecropper.
    (b) Tenant or renter eligibility. (1) The ineligibility of a tenant 
or renter may be limited to the program benefits listed in Sec. 12.4(c) 
accruing with respect to only the farm on which the violation occurred 
if:
    (i) The tenant or renter shows that a good-faith effort was made to 
comply by developing an approved conservation plan for the highly 
erodible land in a timely manner and prior to any violation of the 
provisions of this part; and
    (ii) The owner of such farm refuses to apply such a plan and 
prevents the tenant or renter from implementing certain practices that 
are a part of the approved conservation plan; and
    (iii) FSA determines that the lack of compliance is not a part of a 
scheme or device as described in Sec. 12.10.
    (2) If relief is granted under paragraph (b)(1) of this section, the 
tenant or renter must actively apply those conservation treatment 
measures that are determined to be within the control of the tenant or 
renter.