Section 1515.20  Eligibility Requirements

Lands that meet the CREP eligibility criteria for CRP contracts as determined by the USDA Farm Service Agency (FSA) are eligible for the State Incentive Program, unless specifically excepted by Section 1515.40(a).

a)         The acres to be enrolled under CREP must consist of eligible land in the Illinois and/or Kaskaskia River Watersheds as described in the Agreement between the U.S. Department of Agriculture, Commodity Credit Corporation, and State of Illinois, as amended, for CREP, as shown inExhibit A.  These acres are eligible if they are:

1)         Flooded and/or wetland riparian areas, which, for this purpose, shall be defined to be cropland or marginal pastureland that is either:

A)        within the 100-year floodplain of the Illinois or Kaskaskia River and their tributary stream systems depicted in Exhibit A; or

B)        for wetland restoration purposes only, located within the watersheds depicted in Exhibit A and is determined by the USDA Natural Resources Conservation Service (NRCS) to be either a farmed wetland, a prior converted wetland or a wetland farmed under natural conditions.

2)         Highly erodible riparian areas, which, for this purpose, shall be defined to be cropland that has a weighted average Erodibility Index (EI) of 8 or greater as determined by FSA and is immediately adjacent to a riparian area within the 100-year floodplain.  The landowner must enroll any eligible adjacent riparian area in CREP or other CRP enrollment opportunity.

3)         Land may also be enrolled that is adjacent to lands enrolled in subsections (a)(1) and (2), if determined to be infeasible to farm according to National CRP Directives.

b)         CRP conservation practices eligible for the CREP enrollments and cost-share assistance are listed in subsection (b)(1) and (2).  Practices that enhance or create habitat or desired environment as part of an Illinois Department of Natural Resources (IDNR) approved conservation plan may be eligible for use on the enrolled property.  Exceptions can be made to eligible practices or to standards within a practice if the USDA/IDNR approved conservation plan identifies extenuating circumstances that justify the exception.

1)         For lands qualifying as riparian buffers or wetlands:

A)        CRP Cropland Practice CP 3A (Hardwood Tree Planting)

B)        CRP Cropland Practice CP 4D (Permanent Wildlife Habitat, Noneasement)

C)        CRP Cropland Practice CP 9 (Shallow Water Areas for Wildlife)

D)        CRP Cropland Practice CP 11 (Vegetative Cover – Trees Already Established)

E)         CRP Cropland Practice CP 12 (Wildlife Food Plot)

F)         CRP Cropland Practice CP 21 (Filter Strip)

G)        CRP Cropland and Marginal Pastureland Practice CP 22 (Riparian Buffer)

H)        CRP Cropland Practice CP 23 (Wetland Restoration)

I)          CRP Cropland Practice CP 25 (Rare and Declining Habitat).

2)         For lands qualifying on the basis of erodibility (lands with an EI ≥ 8):

A)        CRP Cropland Practice CP 2 (Establishment of Permanent Native Grasses)

B)        CRP Cropland Practice CP 3 (Tree Planting)

C)        CRP Cropland Practice CP 3A (Hardwood Tree Planting)

D)        CRP Cropland Practice CP 4D (Permanent Wildlife Habitat, Noneasement)

E)         CRP Cropland Practice CP 12 (Wildlife Food Plot)

F)         CRP Cropland Practice CP 25 (Rare and Declining Habitat).

(Source:  Amended at 35 Ill. Reg. 1636, effective January 14, 2011)