[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: 7CFR1468]

[Page 691-692]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1468_CONSERVATION FARM OPTION--Table of Contents
 
                           Subpart B_Contracts
 
Sec.  1468.23  Annual payments.

    (a) CCC will determine annual payments, subject to the availability 
of funds, based on the value of the expected payments that would have 
been paid to the participant for that practice as specified in:
    (1) Part 1410 of this chapter, if the practice is a land retirement 
rental payment or cost-share practice which would have qualified for 
payment under CRP in accordance with Sec.  1468.6(a);
    (2) Part 1467 of this chapter, if the practice is a wetland 
restoration or protection practice which would have qualified for 
payment under WRP which was determined eligible in accordance with Sec.  
1468.6(b);
    (3) Part 1466 of this chapter, if the practice was a conservation 
practice which would have qualified for payment under EQIP which was 
determined eligible in accordance with Sec.  1468.6(c);

[[Page 692]]

    (b) The maximum amount of annual payments which a person may receive 
under the CFO for any fiscal year shall not exceed the total of the 
amounts calculated in accordance with paragraph (a) of this section 
after being limited as follows:
    (1) The payment calculated in accordance with paragraph (a)(1) of 
this section is limited in accordance with CRP payment limitation 
provisions set forth in part 1410 of this chapter.
    (2) The payment calculated in accordance with Sec.  1467.9(a)(2) of 
this chapter is not limited.
    (3) The payment calculated in accordance with Sec.  1466.23(a)(3) of 
this chapter is limited in accordance with EQIP payment limitation 
provisions in Sec.  1466.23(b) of this chapter.
    (c) The regulations set forth at part 1400 of this chapter will be 
applicable in making payment eligibility determinations for CFO and in 
making person determination as they apply to the limitation of payments 
determined in accordance with paragraph (b) of this section.
    (d) The CCC cost-share payments to a participant shall be reduced so 
that total financial contributions for a structural or vegetative 
practice from all public and private entity sources do not exceed the 
cost of the practice.
    (e) A landowner or producer that enrolls in CFO and terminates a CRP 
or EQIP contract or WRP cost-share agreement will be eligible to receive 
payments for practices which have been determined, established, or 
completed by the technical agency under those contracts or agreements. 
Once the CFO contract is effective, all payments for practices, 
including any practice transferred from the terminated contract 
agreement will be made under the CFO contract, except for payments 
already earned under prior contracts or cost-share agreements.
    (f) Payments will not be made to a participant who has applied or 
initiated the application of a conservation practice for the purposes of 
CFO prior to approval of the CFO contract.
    (g) When requested by the State Conservationist on a case-by-case 
basis, the Chief may approve, based upon availability of funding, cost 
share on the reapplication of a practice to replace or repair practice 
destroyed by unusual circumstances beyond the control of the landowner.
    (h) The participant and NRCS must certify that a conservation 
practice is completed in accordance with the conservation farm plan to 
establish compliance with the contract before the CCC will approve the 
payment of any cost-share, incentive, or land retirement payment.