1. (a) Requests shall be prioritized before approval based on factors deemed appropriate by FSA, which include, but are not limited to:

   1. (1) Type and degree of damage;
   2. (2) Type of practices needed to address the problem;
   3. (3) Availability of funds;
   4. (4) Availability of technical assistance;
   5. (5) Environmental concerns;
   6. (6) Safety factors; or
   7. (7) In the case of ECP, welfare of eligible livestock.

2. (b) Requests for cost-share assistance may be approved if:

   1. (1) Funds are available; and
   2. (2) The requested practice is determined eligible.

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