7 CFR § 701.205 - Land eligibility.

---
identifier: "/us/cfr/t7/s701.205"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "7 CFR § 701.205 - Land eligibility."
title_number: 7
title_name: "Agriculture"
section_number: "701.205"
section_name: "Land eligibility."
chapter_name: "FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE"
subchapter_number: "A"
subchapter_name: "AGRICULTURAL CONSERVATION PROGRAM"
part_number: "701"
part_name: "EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 2201-2206; Sec. 101, Pub. L. 109-148, 119 Stat. 2747; and Pub. L. 111-212, 124 Stat. 2302"
regulatory_source: "69 FR 10302, Mar. 4, 2004, unless otherwise noted."
cfr_part: "701"
---


# 701.205 Land eligibility.

(a) For land to be eligible, it must be nonindustrial private forest land and must, as determined by FSA:

(1) Have existing tree cover or have had tree cover immediately before the natural disaster and be suitable for growing trees;

(2) Have damage to natural resources caused by a natural disaster that, if not treated, would impair or endanger the natural resources on the land and would materially affect future use of the land; and

(3) Be physically located in a county in which EFRP has been implemented.

(b) Land is ineligible for EFRP if FSA determines that the land is any of the following:

(1) Owned or controlled by the United States; or

(2) Owned or controlled by States, including State agencies or political subdivisions of a State.

[75 FR 70889, Nov. 17, 2010, as amended at 84 FR 32841, July 10, 2019]