7 CFR §701.106

1. (a)State-owned land. When land is owned by a State, whether it is eligible for cost share is as specified in this paragraph (a) in addition to the requirements in § 701.105.
   1. (1)If an eligible person or legal entity has a lease for the State-owned land that allows cost share, and files a cost share request for the State-owned land, the land is eligible for cost share if, as determined by FSA, the:
      1. (i)Eligible person or legal entity will directly benefit from the practice; or
      2. (ii)The land will remain in agricultural production throughout the established practice life span.
   2. (2)If an eligible person or legal entity files a cost-share request for State-owned land, the land is ineligible for cost share if, as determined by FSA, the:
      1. (i)Practice is for the primary benefit of the State or State agencies; or
      2. (ii)Eligible person or legal entity is prohibited by the lease from accepting cost-share.
2. (b)Federally-owned farmland. When land is federally owned, whether it is eligible for cost-share is as specified in this paragraph (a), in addition to the requirements in § 701.105.
   1. (1)If an eligible person or legal entity files a cost-share request on federally owned farmland, the land is eligible if all of the following apply:
      1. (i)An eligible private person or legal entity is farming or ranching the farmland;
      2. (ii)An eligible person or legal entity has a lease that does not prohibit cost-share;
      3. (iii)The practice will primarily benefit nearby or adjacent privately owned farmland of the eligible person or legal entity performing the practice;
      4. (iv)A person or legal entity performing the practice has authorization from a Federal agency to install and maintain the practice;
      5. (v)The Federal land is the most practical location for the eligible practice; and
      6. (vi)During a drought, the practice will primarily benefit the livestock owned or managed by the eligible person or legal entity performing the practice.
   2. (2)If an eligible person or legal entity files a cost share request on federally-owned land, the land is ineligible if the practices performed on these lands are for the benefit of land owned by a Federal agency.
3. (c)Federal or State agency. For the purposes of this subpart, private persons or legal entities exclude Federal and State agencies.