(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]