[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1415.5]

[Page 418-419]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1415_GRASSLAND RESERVE PROGRAM--Table of Contents
 
Sec.  1415.5  Land eligibility.

    (a) GRP is available on privately owned lands, which include private 
and Tribal land. Publicly-owned land is not eligible.
    (b) Land is eligible for funding consideration if the NRCS State 
Conservationist determines that the land is:
    (1) Grassland, land that contains forbs, or shrubs (including native 
and naturalized rangeland and pastureland); or
    (2) The land is located in an area that has been historically 
dominated by grassland, forbs, or shrubs, and the State Conservationist, 
with advice from the State technical committee, determines that it has 
potential to provide habitat for animal or plant populations of 
significant ecological value, if the land is--
    (i) Retained in the current use of the land; or
    (ii) Restored to a native or naturalized grassland conditions.
    (c) Incidental lands, in conjunction with eligible land, may also be 
considered for enrollment to allow for the efficient administration of 
an easement or rental agreement.
    (d) Forty contiguous acres is the minimum acreage eligible for 
enrollment in GRP. However, less than 40 acres may be accepted if the 
USDA, with advice from the State technical committee, determines that 
the enrollment of acreage meets the purposes of the program and grants a 
waiver. USDA, at the State level, may also establish a higher minimum 
acreage level. USDA will review any minimum acreage requirement other 
than the statutory baseline level of 40 acres to ensure, to the extent 
permitted by law, that this requirement does not unfairly discriminate 
against small farmers.
    (e) Land will not be enrolled if the functions and values of the 
grassland are already protected under an existing contract or easement. 
This land becomes eligible for enrollment in GRP when the existing 
contract expires or is terminated and the grassland values and functions 
are no longer protected.
    (f) Land on which gas, oil, earth, or other mineral rights 
exploration has

[[Page 419]]

been leased or is owned by someone other than the prospective GRP 
participant may be offered for participation in the program. However, if 
an applicant submits an offer for an easement project, USDA will assess 
the potential impact that the third party rights may have upon the 
grassland resources. USDA reserves the right to deny funding for any 
application where there are exceptions to clear title on any property.