§ 1410.31 - Acceptability of offers.

§ 1410.31 Acceptability of offers.

(a) Except as provided in paragraph (c) of this section, producers Producers may submit offers for the amounts they are willing to accept as rental payments to enroll their acreage in the CRP. The offers maywill, to the extent practicable, be evaluated on a competitive basis in which the offers selected will be those where the greatest environmental benefits relative to cost are generated, and provided that the offer is not in excess of the maximum acceptable payment rate established by the Deputy Administrator CCC for the for the area acreage offered. Acceptance or rejection of any offer, however, shall will be in the sole discretion of the CCC and offers may be rejected for any reason as determined needed to accomplish the goals of CRP.

(b) In evaluating contract offers, different factors , as determined by CCC, may be considered from time to time by CCC for priority purposes to accomplish the goals of CRP. Such factors may include, but are not limited to:

(1) Soil erosion;

(2) Water quality (both surface and ground water);

(3) Wildlife benefits;

(4) Soil productivity;

(5) Likelihood that enrolled land will remain in non-agriculture use beyond the contract period, considering, for example, tree planting, permanent wildlife habitat, or commitments by a participant to a State or other entity to extend the conservation plan; and

(6) Air quality; and

(7)

Cost of enrolling acreage in CRP.

(c) Notwithstanding paragraph (b) of this section, when all other appropriate factors are equivalent, CCC may give preference to offers from residents of the county or contiguous county where the offered land is located.

(d) Acreage Notwithstanding paragraph (a) of this section, acreage determined eligible for continuous signup, as provided in § 1410.30(b), may be automatically accepted in CRP if the:

(1) Land is eligible under § 1410.6, as determined by the Deputy Administrator;

(2) A producer Producer is eligible under § 1410.5; and

(3) A producer Producer accepts either the maximum payment rate CCC is willing to offer to enroll the acreage in CRP or a lesser rate.

(e) Grassland signup offers will be periodically batched, evaluated, and ranked For grassland signup offers:

(1) Notwithstanding paragraph (a) of this section, offers to enroll in CRP under grassland signup, as specified in § 1410.30(c), will be evaluated and ranked during an announced ranking period, on a competitive basis in which the offers selected will be those where the greatest environmental benefits relative to cost are generated,

as determined by the Deputy Administrator,

and further provided that:

(

1

i) The offered land is eligible under

§§

§ 1410.

4 and 1410.6, as determined by the Deputy Administrator;

(2

6(d);

(ii) The producer is eligible under § 1410.5;

(

3

iii) The producer accepts either the maximum payment rate

the Deputy Administrator

CCC is willing to offer to enroll the acreage in CRP, or a lesser rate; and

(

4

iv) The offer ranks above the minimum ranking level

applicable to each ranking period

needed for offer acceptance, as determined by

the Deputy Administrator

CCC.

(

5

2) Notwithstanding

the preceding

paragraph (e)(1) of this section, acceptance or rejection of any

grassland signup offers

offer will be

in

at the sole discretion of the

Deputy Administrator

CCC, and offers may be rejected for any reason as determined necessary and appropriate to accomplish the goals of CRP.

(f) In ranking and evaluating grassland signup offers, different factors , as determined by the Deputy Administrator, may be considered from time to time by CCC for priority purposes to accomplish the goals of CRP. Such factors may include, but are not limited to:

(1) Existence of expiring CRP or Grassland Reserve Program land;

(2) Existing grassland; Land at risk of development or conversion; and

(3) Multi-species cover existence and predominance of native species;

(4) Livestock grazing operation;

(5) State priority enrollment criteria (non-land based) and State Focus Area (land-based) determined in consultation with State Technical Committee;

(6) Whether the applicant is an eligible beginning, veteran, or socially disadvantaged farmer or rancher; and

(7) Other factors as determined by the Deputy Administrator.

[68 FR 24835, May 8, 2003, as amended at 75 FR 44071, July 28, 2010; 80 FR 42002, July 16, 2015]

Land of ecological significance, including land that:

(i) May assist in the restoration of threatened or endangered species under the Endangered Species Act of 1973;

(ii) May assist in preventing a species from being listed as a threatened or endangered species under the Endangered Species Act of 1973; or

(iii) Improves or creates wildlife habitat corridors.