7 CFR §1450.204

1. (a)For the purposes of this subpart, eligible land must be physically and legally capable of producing an eligible crop and must be:
   1. (1)Agricultural land; or
   2. (2)Nonindustrial private forest land.
2. (b)For the purposes of this subpart, eligible land is not:
   1. (1)Federal- or State-owned land, including land owned by local governments or municipalities;
   2. (2)Land that is native sod;
   3. (3)Land enrolled in the Conservation Reserve Program (CRP) as specified in part 1410 of this chapter for which either:
      1. (i)The enrollment is not expiring in the current fiscal year; or
      2. (ii)A CRP payment for this land has been received in the current fiscal year; or
   4. (4)Land enrolled in the Agricultural Conservation Easement Program (ACEP) for which either:
      1. (i)The enrollment is not expiring in the current fiscal year; or
      2. (ii)An ACEP payment for this land has been received in the current fiscal year.