Notwithstanding any other provisions of this part, the following land is not eligible for enrollment in the EWRP:
Land that contains either timber stands or trees established in connection with a CRP contract;
Lands owned or acquired by an agency of the Federal Government;
Land already subject to a deed restriction prohibiting the production of agricultural commodities or the alternation of existing wetland hydrologic conditions;
Land located between the pre-flood mainstem levees and the river; or
Land that was restored to wetland conditions, as required under Part 12 of this title, to mitigate the conversion of wetland to cropland use.