7 CFR § 636.11 - Transfer of interest in a cost-share agreement.

---
identifier: "/us/cfr/t7/s636.11"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "7 CFR § 636.11 - Transfer of interest in a cost-share agreement."
title_number: 7
title_name: "Agriculture"
section_number: "636.11"
section_name: "Transfer of interest in a cost-share agreement."
chapter_name: "NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE"
subchapter_number: "D"
subchapter_name: "LONG TERM CONTRACTING"
part_number: "636"
part_name: "WILDLIFE HABITAT INCENTIVE PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 3839bb-1."
regulatory_source: "75 FR 71338, Nov. 23, 2010, unless otherwise noted."
cfr_part: "636"
---


# 636.11 Transfer of interest in a cost-share agreement.

(a) A participant is responsible for notifying NRCS when he or she anticipates the voluntary or involuntary loss of control of the land covered by a WHIP cost-share agreement during the term of the agreement.

(b) The participant and NRCS may agree to transfer a cost-share agreement to another potential participant. The transferee must be determined by NRCS to be eligible to participate in WHIP and must assume full responsibility under the cost-share agreement.

(c) With respect to any and all payments owed to participants who wish to transfer ownership or control of land subject to a cost-share agreement, the division of payment will be determined by the original party and that party's successor. In the event of a dispute or claim on the distribution of cost-share payments, NRCS may withhold payments without the accrual of interest pending a settlement or adjudication on the rights to the funds.

(d) If new participants are not willing or not eligible to assume the responsibilities of an existing WHIP cost-share agreement, including the O&M agreement, and the participant fails to implement the cost-share agreement, then NRCS will terminate the agreement and may require that all cost-share payments be forfeited, refunded, or both, with applicable interest in accordance with § 636.12. Participants may be subject to liquidated damages in accordance with § 636.12.