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.

[75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10575, Feb. 27, 2015]