For the purposes of this subpart, eligible land must be physically and legally capable of producing an eligible crop and must be:
Agricultural land; or
Nonindustrial private forest land.
For the purposes of this subpart, eligible land is not:
Federal- or State-owned land, including land owned by local governments or municipalities;
Land that is native sod;
Land enrolled in the Conservation Reserve Program (CRP) as specified in part 1410 of this chapter for which either:
The enrollment is not expiring in the current fiscal year; or
A CRP payment for this land has been received in the current fiscal year; or
Land enrolled in the Agricultural Conservation Easement Program (ACEP) for which either:
The enrollment is not expiring in the current fiscal year; or
An ACEP payment for this land has been received in the current fiscal year.
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