TITLE 7 - AGRICULTURE

SUBTITLE B - REGULATIONS OF THE DEPARTMENT OF AGRICULTURE

CHAPTER XIV - COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE

SUBCHAPTER B - LOANS, PURCHASES, AND OTHER OPERATIONS

PART 1465 - AGRICULTURAL MANAGEMENT ASSISTANCE

subpart a - GENERAL PROVISIONS

1465.4 - Program requirements.

  (a) Participation in the AMA Program is voluntary. The participant, in cooperation with the local conservation district, applies for practice installation for the farm or ranching unit of concern. The NRCS provides cost-share payments through contracts to apply needed conservation practices within a time schedule specified in the contract.

  (b) The Chief determines the funds available for financial assistance according to the purpose and projected cost for which the financial assistance is provided in a fiscal year. The Chief allocates the funds available to carry out the AMA Program.

  (c) To be eligible to participate in the AMA Program, an applicant must: (1) Be an agricultural producer; (2) Have control of the land for the life of the proposed contract period, except that: (i) An exception may be made by the Chief in the case of land allotted by the Bureau of Indian Affairs (BIA), tribal land, or other instances in which the Chief determines that there is sufficient assurance of control; or (ii) If the applicant is a tenant of the land involved in agricultural production the applicant shall provide NRCS with the written concurrence of the landowner in order to apply an eligible practice(s); (3) Submit an application form CCC1200; (4) Supply information as required by NRCS to determine eligibility for the AMA Program; and (5) States, political subdivisions, and entities thereof will not be persons eligible for payment. Any cooperative association of producers that markets commodities for producers shall not be considered to be a person eligible for payment.

  (d) Land may only be considered for enrollment in the AMA program if NRCS determines that the land is: (1) Privately owned land; (2) Publicly owned land where: (i) The land is under private control for the contract period and is included in the participant's operating unit; (ii) Conservation practices will contribute to an improvement in the identified natural resource concern; and (iii) The participant has provided NRCS with written authorization from the government landowner to apply the conservation practices; or (3) The land is federally recognized Tribal, BIA allotted, or Indian trust land.