[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: 7CFR633.7]

[Page 474-475]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 633_WATER BANK PROGRAM--Table of Contents
 
Sec. 633.7  Annual payments.

    (a) Person on the farm having an interest in the designated acreage, 
including tenants and sharecroppers, shall be eligible for an annual 
payment in the manner agreed upon by them as representing their 
respective contributions to compliance with the agreement. The State 
Conservationist shall not approve an agreement if it is determined that 
the proposed division of payment is not fair and equitable.
    (b) The annual per acre payment rates for wetlands and for adjacent 
land shall be determined for each county by the State Conservationist, 
based on recommendations of the State Technical Committee.
    (c) Maximum payments. In order to ensure that limited program funds 
are expended to maximize program benefits, the State Conservationist, in 
consultation with the State Technical

[[Page 475]]

Committee, may establish uniform maximum annual payment limits for 
agreements within a State or for geographic areas within a State.
    (d) Preliminary estimates of annual payments. Upon request prior to 
filing an application for enrollment, a person may be apprised of the 
maximum annual payment rates.
    (e) Adjustment of annual rates.
    (1) The State Conservationist, in consultation with the State 
Technical Committee, shall reexamine the payment rates with respect to 
each agreement at the beginning of the fifth year of any ten-year 
initial or renewal period and before the renewal expires.
    (2) An adjustment in the payment rates shall be made for any initial 
or renewal period taking into consideration the current land rental 
rates and crop values in the area. No adjustment shall be made in a 
payment rate which will result in a reduction of an annual payment rate 
from the rate which is specified in the initial or renewal agreement.
    (3) The rate or rates of annual payments may be increased if the 
program participant permits access by the general public to the 
designated acreage for hunting, trapping, fishing, and hiking, subject 
to applicable State and Federal regulations.