[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR623.4]

[Page 432]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 623_EMERGENCY WETLANDS RESERVE PROGRAM--Table of Contents
 
Sec. 623.4  Eligible land.

    (a) Except as otherwise provided in this section, land is eligible 
for enrollment in the EWRP only if NRCS determines that the land:
    (1) Was inundated by the Midwest floods of 1993;
    (2) If restored to productive condition, would have a fair market 
value that is less than the estimated costs of restoring the land to 
productive condition and repairing related floodwater control systems;
    (3) Is likely to have its wetland value restored with minimal costs; 
and
    (4) Is wetland farmed under natural conditions, a farmed wetland or 
prior converted wetland, or substantially altered lands which are 
cropland; or
    (5) Is wetland that has been restored on the land under a CRP 
contract, or under a Federal or State wetland restoration program with 
an easement for a period of less than 30 years.
    (b) To be eligible for enrollment in the EWRP, land must also:
    (1) Be determined by ASCS to have been annually planted or 
considered planted to an agricultural commodity in at least 1 of the 5 
previous crop years; or
    (2) Be land under a CRP contract, in which case, the land need only 
to have been planted to an agricultural commodity during 2 of the 1981 
through 1985 crop years.
    (c) Other lands may be considered eligible if the inclusion of such 
lands in the EWRP easement would significantly add to the functions and 
values of the wetlands to be restored under this part, as determined by 
NRCS.
    (d) The criteria and procedures contained in 7 CFR part 12 will be 
used to identify wetlands, converted wetlands, and farmed wetlands.