1. (a) Subject to paragraphs (b) and (c) of this section, costs will not be shared for practices or components of practices that are started before a request for cost share under this part is submitted with the applicable county FSA office.

2. (b) Costs may be shared for drought and non-drought practices or components of practices that are started before a request is submitted with the county FSA office, only if:

   1. (1) Considered and approved on a case-by-case basis in accordance with instructions of the Deputy Administrator;
   2. (2) The disaster that is the basis of a claim for cost-share assistance created a situation that required the producer to take immediate action to prevent further losses;
   3. (3) The Deputy Administrator determines that the request for assistance was filed within a reasonable amount of time after the start of the enrollment period; and
   4. (4) The practice was started no more than 60 days before the ECP or EFRP designation was approved for the applicable county office.
3. (c) Any action taken prior to approval of a claim is taken at the producer's own risk.
4. (d) An application for relief may be denied for any reason.
5. (e) All payments under this part are subject to the availability of funds.

[69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010]