[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: 7CFR1465.23]

[Page 657]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1465_AGRICULTURAL MANAGEMENT ASSISTANCE--Table of Contents
 
                           Subpart B_Contracts
 
Sec.  1465.23  Cost-share payments.

    (a)(1) The Federal share of cost-share payments to a participant 
will be 75 percent of the actual cost of an eligible practice. In no 
instance shall the total financial contributions for an eligible 
practice from all public and private entity sources exceed 100 percent 
of the actual cost of the practice.
    (2) Participants may contribute their portion of the costs of 
practices through in-kind contributions, including labor and materials, 
providing the materials contributed meet the NRCS standards and 
specifications for the practice being installed.
    (3) Cost-share payments will not be made to a participant who has 
applied or initiated the application of a conservation practice prior to 
approval of the contract.
    (b) The total amount of cost-share payments paid to a person under 
this part may not exceed $50,000 for any fiscal year.
    (c) For purposes of applying the payment limitations provided for in 
this section, NRCS will use the provisions in 7 CFR part 1400 related to 
the definition of a ``person''and the limitation of payments, except 
that:
    (i) The provisions in part 1400, subpart C for determining whether 
persons are actively engaged in farming, subpart E for limiting payments 
to certain cash rent tenants, and subpart F as the provisions apply to 
determining whether foreign persons are eligible for payment, will not 
apply.
    (ii) With respect to land under an AMA Program contract which is 
inherited during the contract period, the $50,000 fiscal year limitation 
will not apply to the extent that the payments from any contracts on the 
inherited land cause an heir, who was party to an AMA Program contract 
on other lands prior to the inheritance, to exceed the annual limit.
    (iii) With regard to contracts on tribal land, Indian trust land, or 
BIA allotted land, payments exceeding one limitation may be made to the 
tribal venture if an official of the BIA or tribal official certifies in 
writing that no one person directly or indirectly will receive more than 
the limitation.
    (iv) The status of an individual or entity on the date of the 
application shall be the basis on which the determination of the number 
of persons involved in the farming operation is made.
    (d) The participant and NRCS must certify that a conservation 
practice is completed in accordance with the contract before NRCS will 
approve the payment of any cost-share payment.