section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 7:7:7.1.1.1.2.1.1.1,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.1 Administration.,FSA,,,"[69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70087, Nov. 17, 2010]","(a) Subject to the availability of funds, this part provides the terms, conditions and requirements of the Emergency Conservation Program (ECP) and the Emergency Forest Restoration Program (EFRP) administered by the Farm Service Agency (FSA). Neither program is an entitlement program and payments will only be made to the extent that the Deputy Administrator announces the eligibility of benefits for certain natural disasters, the areas in which such benefits will be available, the time period in which the disaster and the rehabilitation must occur, and only so long as all the conditions for eligibility specified in this part and elsewhere in law are met. However, the Deputy Administrator will not apply any non-statutory limitation on payments provided for in this part in such a way that it would necessarily result in the non-expenditure of program funds required to otherwise be made by law. (b) ECP and EFRP are administered by the Administrator, FSA through the Deputy Administrator, FSA, and shall be carried out in the field by State and county FSA committees (State and county committees), subject to the availability of funds. Except as otherwise provided in this rule, discretionary determinations to be made under this rule will be made by the Deputy Administrator. Matters committed to the discretion of the Deputy Administrator shall be considered in all cases to be permissive powers and no person or legal entity shall, under any circumstances, be considered to be entitled to an exercise of such power in their favor. (c) State and county committees, and representatives and employees, do not have authority to modify or waive any regulations in this part. (d) The State committee may take any action authorized or required of the county committee by this part, but which the county committee has not taken, such as: (1) Correct or require a county committee to correct any action taken by such county committee that is not in accordance with this part; or (2) Require a county committee to withhold taking any action that is not in accordance with this part. (e) No provision or delegation herein to a State or county committee shall preclude the Administrator, FSA, or a designee, from determining any question arising under the program or from reversing or modifying any determination made by a State or county committee. (f) The Deputy Administrator may authorize State and county committees to waive or modify deadlines and other requirements in cases where lateness or failure to meet such other requirements does not adversely affect the operation of the program. (g) The Deputy Administrator may limit the authority of state and county committees to approve cost share in excess of specified amounts. (h) Data furnished by the applicants will be used to determine eligibility for program benefits. Furnishing the data is voluntary; however, the failure to provide data could result in program benefits being withheld or denied. (i) FSA may consult with any other Federal agency, State agency, or other provider of technical assistance for such assistance as is determined by FSA to be necessary to implement ECP or EFRP. FSA is responsible for the technical aspects of ECP and EFRP but may enter into a Memorandum of Agreement with another party to provide technical assistance. If the requirement for technical assistance results in undue delay or significant hardship to producers in a county, the State committee may request in writing that FSA waive this requirement for that county. However, nothing in this paragraph or in this part creates a right of appeal or action for an applicant with respect to provisions relating to internal procedures of FSA. (j) The provisions in this part shall not create an entitlement in any person or legal entity to any ECP or EFRP cost share or claim or any particular notice or form or procedure. (k) Additional terms and conditions may be set forth in the application or the forms participants will be required to sign for participation in the ECP or EFRP." 7:7:7.1.1.1.2.1.1.10,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.22 Eligibility to file for cost-share assistance.,FSA,,,,"Any eligible participant, as defined in this part, who paid part of the cost of an approved practice may file an application for cost-share payment." 7:7:7.1.1.1.2.1.1.11,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.23 Eligible costs.,FSA,,,"[69 FR 10302, Mar. 4, 2004, and amended at 75 FR 70088, Nov. 17, 2010]","(a) Cost-share assistance may be authorized for all reasonable costs incurred in the completion of the practice, up to the maximums provided in §§ 701.126, 701.127, and 701.226. (b) Eligible costs shall be limited as follows: (1) Costs for use of personal equipment shall be limited to those incurred beyond the normal operation of the eligible land. (2) Costs for personal labor shall be limited to personal labor not normally required in the operation of the eligible land. (3) Costs for the use of personal equipment and labor must be less than that charged for such equipment and labor by commercial contractors regularly employed in such areas. (4) Costs shall not exceed those needed to achieve the minimum performance necessary to resolve the problem being corrected by the practice. Any costs above those levels shall not be considered to be eligible costs for purposes of calculations made under this part. (c) Costs shall not exceed the practice specifications in § 701.112(d) or § 701.212(d) for cost-share calculations. (d) The gross amount on which the cost-share eligibility may be computed will not include any costs that were reimbursed by a third party including, but not limited to, an insurance indemnity payment. (e) Total cost-share payments from all sources shall not exceed the total of eligible costs of the practice to the applicant." 7:7:7.1.1.1.2.1.1.12,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.24 Dividing cost-share among more than one participant.,FSA,,,,"(a) For qualifying cost-share assistance under this part, the cost shall be credited to the participant who personally performed the practice or who paid to have it performed by a third party. If a payment or credit was made by one participant to another potential participant, paragraph (c) of this section shall apply. (b) If more than one participant contributed to the performance of the practice, the cost-share assistance for the practice shall be divided among those eligible participants in the proportion they contributed to the performance of the practice. FSA may determine what proportion was contributed by each participant by considering the value of the labor, equipment, or material contributed by each participant and any other factors deemed relevant toward performance. (c) Allowance by a participant of a credit to another participant through adjustment in rent, cash or other consideration, may be considered as a cost of a practice to the paying party only if FSA determines that such credit is directly related to the practice. An applicant who was fully reimbursed shall be considered as not having contributed to the practice performance." 7:7:7.1.1.1.2.1.1.13,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.25 Practices carried out with aid from ineligible persons or ineligible legal entities.,FSA,,,"[69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010]","Any assistance provided by someone other than the eligible participant, including assistance from a State or Federal agency, shall be deducted from the participant's total costs incurred for the practice for the purpose of computing ECP or EFRP cost shares. If unusual conditions exist, the Deputy Administrator may waive deduction of such contributions upon a request from the State committee and demonstration of the need for such a waiver." 7:7:7.1.1.1.2.1.1.14,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§§ 701.26-701.30 [Reserved],FSA,,,, 7:7:7.1.1.1.2.1.1.15,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.31 Maintenance and proper use of practices.,FSA,,,,"(a) Each participant receiving cost-share assistance is responsible for the required maintenance and proper use of the practice. Some practices have an established life span or minimum period of time during which they are expected to function as a conservation practice with proper maintenance. Cost-share assistance shall not be authorized for normal upkeep or maintenance of any practice. (b) If a practice is not properly maintained for the established life span, the participant may be required to refund all or part of cost-share assistance received. The Deputy Administrator will determine what constitutes failure to maintain a practice and the amount that must be refunded." 7:7:7.1.1.1.2.1.1.16,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.32 Failure to comply with program provisions.,FSA,,,,"Costs may be shared for performance actually rendered even though the minimum requirements otherwise established for a practice have not been satisfied if a reasonable effort was made to satisfy the minimum requirements and if the practice, as performed, will adequately address the need for the practice." 7:7:7.1.1.1.2.1.1.17,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,"§ 701.33 Death, incompetency, or disappearance.",FSA,,,,"In case of death, incompetency, or disappearance of any participant, any cost-share payment due shall be paid to the successor, as determined in accordance with part 707 of this chapter." 7:7:7.1.1.1.2.1.1.18,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.34 Appeals.,FSA,,,"[69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010]",Part 11 of this title and parts 614 and 780 of this chapter apply to determinations made under this part. 7:7:7.1.1.1.2.1.1.19,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.35 Compliance with regulatory measures.,FSA,,,"[69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010]","Participants who perform practices shall be responsible for obtaining the authorities, permits, rights, easements, or other approvals necessary to the performance and maintenance of the practices according to applicable laws and regulations. The ECP or EFRP participant shall be wholly responsible for any actions taken with respect to the project and shall, in addition, be responsible for returning and refunding any ECP or EFRP cost shares made, where the purpose of the project cannot be accomplished because of the applicants' lack of clearances or other problems." 7:7:7.1.1.1.2.1.1.2,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.2 Definitions.,FSA,,,"[69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70087, Nov. 17, 2010; 84 FR 32841, July 10, 2019; 88 FR 1882, Jan. 11, 2023]","(a) The terms defined in part 718 of this chapter shall be applicable to this part and all documents issued in accordance with this part, except as otherwise provided in this section. (b) The following definitions shall apply to this part: Agricultural producer means an owner, operator, or tenant of a farm or ranch used to produce for food or fiber, crops (including but not limited to, grain or row crops; seed crops; vegetables or fruits; hay forage or pasture; orchards or vineyards; flowers or bulbs; or field grown ornamentals) or livestock (including but not limited to, dairy or beef cattle; poultry; swine; sheep or goats; fish or other animals raised by aquaculture; other livestock or fowl) for commercial production. Producers of animals raised for recreational uses only are not considered agricultural producers. Annual agricultural production means production of crops for food or fiber in a commercial operation that occurs on an annual basis under normal conditions. Applicant means a person or legal entity who has submitted to FSA a request to participate in the ECP or EFRP. Cost-share payment means the payment made by FSA to assist a program participant under this part to establish practices required to address qualifying damage suffered in connection with a qualifying disaster. Deputy Administrator means the Deputy Administrator for Farm Programs, FSA, the ECP Program Manager, or designee. Farmland means land devoted to agricultural production, including land used for aquaculture, or other land as may be determined by the Deputy Administrator. Forestland means land that is at least 120 feet wide and 1 acre in size and at least 10 percent covered by live trees of any size. Natural disaster means wildfires, hurricanes or excessive winds, drought, ice storms or blizzards, floods, or other naturally-occurring resource impacting events as determined by FSA. For EFRP, a natural disaster also includes insect or disease infestations as determined by FSA in consultation with other Federal and State agencies as appropriate. Nonindustrial private forest land means rural lands with existing tree cover, or which are suitable for growing trees, that are owned by a private non-industrial forest landowner as defined in this section. Owners of nonindustrial private forest means, for purposes of the EFRP, an individual, group, association, corporation, Indian Tribe, or other legal private entity owning nonindustrial private forest land or who receives concurrence from the landowner for making the claim in lieu of the owner; and, for practice implementation, the one who holds a lease on the land for a minimum of 10 years. Owners or lessees principally engaged in the primary processing of raw wood products are excluded from this definition. Owners of land leased to lessees who would be excluded under the previous sentence are also excluded. Socially disadvantaged farmer or rancher means a farmer or rancher who is a member of a socially disadvantaged group. A socially disadvantaged group is a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities." 7:7:7.1.1.1.2.1.1.20,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.36 Schemes and devices and claims avoidances.,FSA,,,"[69 FR 10302, Mar. 4, 2004, and amended at 75 FR 70088, Nov. 17, 2010]","(a) If FSA determines that a participant has taken any action designed to defeat, or has the effect of defeating, the purposes of this program, the participant shall be required to refund all or part of any of the program payments otherwise due or paid that participant or related person or legal entity for that particular disaster. These actions include, but are not limited to, failure to properly maintain or deliberately destroying a practice and providing false or misleading information related to practices, costs, or arrangements between entities or individuals that would have an effect on any eligibility determination, including, but not limited to, a payment limit eligibility. (b) All or any part of cost-share assistance that otherwise would be due any participant may be withheld, or required to be refunded, if the participant has adopted, or participated in, any scheme or device designed to evade the maximum cost-share limitation that applies to the program or to evade any other requirement or provision of the program or this part. (c) If FSA determines that a participant has employed any scheme or device to deprive any other person or legal entity of cost-share assistance, or engaged in any actions to receive payments under this part that also were designed to avoid claims of the United States or its instrumentalities or agents against that party, related parties, or third parties, the participant shall refund all or part of any of those program payments paid to that participant for the project. (d) For purposes of this section, a scheme or device can include, but is not limited to, instances of coercion, fraud, or misrepresentation regarding the claim for ECP or EFRP assistance and the facts and circumstances surrounding such claim. (e) A participant who has knowingly supplied false information or filed a false claim shall be ineligible for cost-share assistance related to the disaster for which the false information was filed, or for any period of time FSA deems appropriate. False information or a false claim includes, but is not limited to, a request for payment for a practice not carried out, a false billing, or a billing for practices that do not meet required specifications." 7:7:7.1.1.1.2.1.1.21,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.37 Loss of control of the property during the practice life span.,FSA,,,"[69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010]","In the event of voluntary or involuntary loss of control of the land by the ECP or EFRP cost-share recipient during the practice life-span, if the person or legal entity acquiring control elects not to become a successor to the ECP or EFRP agreement and the practice is not maintained, each participant who received cost-share assistance for the practice may be jointly and severally liable for refunding any ECP or EFRP cost-share assistance related to that practice. The practice life span, for purposes of this section, includes any maintenance period that is essential to its success." 7:7:7.1.1.1.2.1.1.22,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§§ 701.38-701.40 [Reserved],FSA,,,, 7:7:7.1.1.1.2.1.1.23,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.41 Cost-share assistance not subject to claims.,FSA,,,,"Any cost-share assistance or portion thereof due any participant under this part shall be allowed without regard to questions of title under State law, and without regard to any claim or lien against any crop or property, or proceeds thereof, except liens and other claims of the United States or its instrumentalities. The regulations governing offsets and withholdings at parts 792 and 1403 of this title shall be applicable to this program and the provisions most favorable to a collection of the debt shall control." 7:7:7.1.1.1.2.1.1.24,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.42 Assignments.,FSA,,,,"Participants may assign ECP cost-share assistance payments, in whole or in part, according to part 1404 of this title." 7:7:7.1.1.1.2.1.1.25,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.43 Information collection requirements.,FSA,,,,Information collection requirements contained in this part have been approved by the Office of Management and Budget under the provisions at 44 U.S.C. Chapter 35 and have been assigned OMB Number 0560-0082. 7:7:7.1.1.1.2.1.1.26,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§§ 701.44--701.45 [Reserved],FSA,,,, 7:7:7.1.1.1.2.1.1.3,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§§ 701.3-701.12 [Reserved],FSA,,,, 7:7:7.1.1.1.2.1.1.4,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.13 Submitting requests.,FSA,,,"[69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010]","(a) Subject to the availability of funds, the Deputy Administrator shall provide for an enrollment period for submitting ECP or EFRP cost-share requests. (b) Requests may be accepted after the announced enrollment period, if such acceptance is approved by the Deputy Administrator and is in accordance with the purposes of the program." 7:7:7.1.1.1.2.1.1.5,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.14 Onsite inspections.,FSA,,,"[69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010]","(a) An onsite inspection must be made before approval of any request for ECP or EFRP assistance. (b) Notwithstanding paragraph (a) of this section, onsite inspections may be waived by FSA, in its discretion only, where damage is so severe that an onsite inspection is unnecessary, as determined by FSA." 7:7:7.1.1.1.2.1.1.6,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.15 Starting practices before cost-share request is submitted; non-entitlement to payment; payment subject to the availability of funds.,FSA,,,"[69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010]","(a) Subject to paragraphs (b) and (c) of this section, costs will not be shared for practices or components of practices that are started before a request for cost share under this part is submitted with the applicable county FSA office. (b) Costs may be shared for drought and non-drought practices or components of practices that are started before a request is submitted with the county FSA office, only if: (1) Considered and approved on a case-by-case basis in accordance with instructions of the Deputy Administrator; (2) The disaster that is the basis of a claim for cost-share assistance created a situation that required the producer to take immediate action to prevent further losses; (3) The Deputy Administrator determines that the request for assistance was filed within a reasonable amount of time after the start of the enrollment period; and (4) The practice was started no more than 60 days before the ECP or EFRP designation was approved for the applicable county office. (c) Any action taken prior to approval of a claim is taken at the producer's own risk. (d) An application for relief may be denied for any reason. (e) All payments under this part are subject to the availability of funds." 7:7:7.1.1.1.2.1.1.7,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.16 Practice approval.,FSA,,,"[69 FR 10302, Mar. 4, 2004, and amended at 75 FR 70088, Nov. 17, 2010]","(a) Requests shall be prioritized before approval based on factors deemed appropriate by FSA, which include, but are not limited to: (1) Type and degree of damage; (2) Type of practices needed to address the problem; (3) Availability of funds; (4) Availability of technical assistance; (5) Environmental concerns; (6) Safety factors; or (7) In the case of ECP, welfare of eligible livestock. (b) Requests for cost-share assistance may be approved if: (1) Funds are available; and (2) The requested practice is determined eligible." 7:7:7.1.1.1.2.1.1.8,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§§ 701.17-701.20 [Reserved],FSA,,,, 7:7:7.1.1.1.2.1.1.9,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",A,Subpart A—General,,§ 701.21 Filing payment application.,FSA,,,,"Cost-share assistance is conditioned upon the availability of funds and the performance of the practice in compliance with all applicable specifications and program regulations. (a) Completion of practice. After completion of the approved practice, the participant must certify completion and request payment by the payment request deadline. FSA will provide the participant with a form or another manner to be used to request payment. (b) Proof of completion. Participants shall submit to FSA, at the local county office, the information needed to establish the extent of the performance of approved practices and compliance with applicable program provisions. (c) Payment request deadline. The time limits for submission of information shall be determined by the Deputy Administrator. The payment request deadline for each ECP practice will be provided in the agreement after the application is approved. Time limits may be extended where failure to submit required information within the applicable time limits is due to reasons beyond the control of the participant." 7:7:7.1.1.1.2.2.1.1,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§§ 701.100-701.102 [Reserved],FSA,,,, 7:7:7.1.1.1.2.2.1.10,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§§ 701.113-701.117 [Reserved],FSA,,,, 7:7:7.1.1.1.2.2.1.11,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§§ 701.118-701.125 [Reserved],FSA,,,, 7:7:7.1.1.1.2.2.1.12,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§ 701.126 Maximum cost-share percentage.,FSA,,,"[69 FR 10302, Mar. 4, 2004. Redesignated and amended at 75 FR 70088, Nov. 17, 2010; 84 FR 32841, July 10, 2019; 88 FR 1883, Jan. 11, 2023]","(a) In addition to other restrictions that may be applied by FSA, an ECP participant shall not receive more than 75 percent of the total allowable costs, as determined by this part, to perform the practice. (b) However, notwithstanding paragraph (a) of this section, a producer who is a limited resource, socially disadvantaged, or beginning farmer or rancher that participates in ECP may receive up to 90 percent of the total allowable costs expended to perform the practice as determined under this part. (c) In addition to other limitations that apply, in no case will the ECP payment exceed 50 percent of what the Deputy Administrator has determined is the agricultural value of the affected land. (d) The Secretary may waive the maximum limitations described in paragraphs (a) through (c) of this section to the maximum extent allowed by law." 7:7:7.1.1.1.2.2.1.13,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§ 701.127 Maximum ECP payments per person or legal entity.,FSA,,,"[75 FR 7088, Nov. 17, 2010, as amended at 84 FR 32841, July 10, 2019; 88 FR 1883, Jan. 11, 2023]","(a) A person or legal entity, as defined in part 1400 of this title, is limited to a maximum ECP cost-share of $500,000 per person or legal entity, per natural disaster. (b) The Secretary may waive the maximum limitations described in paragraph (a) of this section to the maximum extent allowed by law." 7:7:7.1.1.1.2.2.1.14,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§ 701.128 Advance payment.,FSA,,,"[84 FR 32841, July 10, 2019, as amended at 88 FR 1883, Jan. 11, 2023]","(a) With respect to a payment to an agricultural producer for any eligible ECP practice, the agricultural producer has the option of receiving up to 25 percent of the projected payment, determined based on the applicable percentage of the fair market value of the cost of the practice, as determined by FSA, before the agricultural producer carries out the restoration. (b) If the funds provided under paragraph (a) of this section are not spent by the agricultural producer within 60 calendar days of the date on which the agricultural producer receives those funds, the funds must be returned to FSA by a date determined by FSA. (c) Payments made under this section are subject to the availability of funds." 7:7:7.1.1.1.2.2.1.15,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§§ 701.129-701.157 [Reserved],FSA,,,, 7:7:7.1.1.1.2.2.1.2,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,"§ 701.103 Eligible losses, objective, and payments.",FSA,,,"[69 FR 10302, Mar. 4, 2004. Redesignated and amended at 75 FR 70088, Nov. 17, 2010; 84 FR 32841, July 10, 2019]","(a) FSA will provide cost-share assistance to farmers and ranchers to rehabilitate farmland damaged by wind erosion, floods, hurricanes, wildfire, or other natural disasters as determined by the Deputy Administrator, and to carry out emergency water conservation measures during periods of severe drought, subject to the availability of funds and only for areas, natural disasters, and time periods approved by the Deputy Administrator. (b) The objective of the ECP is to make cost-share assistance available to eligible participants on eligible land for certain practices, to rehabilitate farmland damaged by floods, hurricanes, wildfire, wind erosion, or other natural disasters, and for the installation of water conservation measures during periods of severe drought. (c) Payments may also be made under this subpart for: (1) Emergency water conservation or water enhancement measures (including measures to assist confined livestock) during periods of severe drought; and (2) Floodplain easements for runoff and other emergency measures that the Deputy Administrator determines is necessary to safeguard life and property from floods, drought, and the products of erosion on any watershed whenever fire, flood, or other natural occurrence is causing or has caused, a sudden impairment of the watershed. (d) Payments under this part are subject to the availability of appropriated funds and any limitations that may otherwise be provided for by Congress." 7:7:7.1.1.1.2.2.1.3,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§ 701.104 Producer eligibility.,FSA,,,"[69 FR 10302, Mar. 4, 2004. Redesignated and amended at 75 FR 70088, Nov. 17, 2010]","(a) To be eligible to participate in the ECP the Deputy Administrator must determine that a person or legal entity is an agricultural producer with an interest in the land affected by the natural disaster, and that person or legal entity must be liable for or have paid the expense that is the subject of the cost share. The applicant must be a landowner or user in the area where the qualifying event has occurred, and must be a party who will incur the expense that is the subject of the cost share. (b) Federal agencies and States, including all agencies and political subdivisions of a State, are ineligible to participate in the ECP. (c) All producer eligibility is subject to the availability of funds and an application may be denied for any reason." 7:7:7.1.1.1.2.2.1.4,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§ 701.105 Land eligibility.,FSA,,,"[69 FR 10302, Mar. 4, 2004. Redesignated at 75 FR 70088, Nov. 17, 2010, as amended at 88 FR 1883, Jan. 11, 2023]","(a) For land to be eligible, the Deputy Administrator must determine that land that is the subject of the cost share: (1) Will have new conservation problems caused as a result of a natural disaster that, if not treated, would: (i) Impair or endanger the land; (ii) Materially affect the productive capacity of the land; (iii) Represent unusual damage that, except for wind erosion, is not of the type likely to recur frequently in the same area; and (iv) Be so costly to repair that Federal assistance is or will be required to return the land to productive agricultural use. Conservation problems existing prior to the disaster are not eligible for cost-share assistance. (2) Be physically located in a county in which the ECP has been implemented; and (3) Be one of the following: (i) Land expected to have annual agricultural production, (ii) A field windbreak or a farmstead shelterbelt on which the ECP practice to be implemented involves removing debris that interferes with normal farming operations on the farm and correcting damage caused by the disaster; or (iii) A farm access road on which debris interfering with the normal farming operation needs to be removed. (b) Land is ineligible for cost share if the Deputy Administrator determines that it is, as applicable: (1) Protected by a levee or dike that was not effectively and properly functioning prior to the disaster, or is protected, or intended to be protected, by a levee or dike not built to U.S. Army Corps of Engineers, NRCS, or comparable standards; (2) Adjacent to water impoundment reservoirs that are subject to inundation when the reservoir is filled to capacity; (3) Land on which levees or dikes are located; (4) Subject to frequent damage or susceptible to severe damage according to paragraph (c) of this section; (5) Subject to flowage or flood easements and inundation when water is released in normal operations; (6) Between any levee or dike and a stream, river, or body of water, including land between two or more levees or dikes; (7) Located in an old or new channel of a stream, creek, river or other similar body of water, except that land located within or on the banks of an irrigation canal may be eligible if the Deputy Administrator determines that the canal is not a channel subject to flooding; (8) In greenhouses or other confined areas, including but not limited to, land in corrals, milking parlors, barn lots, or feeding areas; (9) Land on which poor farming practices, such as failure to farm on the contour, have materially contributed to damaging the land; (10) Unless otherwise provided for, not considered to be in annual agricultural production, such as land devoted to stream banks, channels, levees, dikes, native woodland areas, roads, and recreational uses; or (11) Devoted to trees including, but not limited to, timber production. (c) To determine the likely frequency of damage and of the susceptibility of the land to severe damage under paragraph (b)(6) of this section, FSA will consider all relevant factors, including, but not limited to, the location of the land, the history of damage to the land, and whether the land was or could have been protected by a functioning levee or dike built to U. S. Army Corps of Engineers, NRCS, or comparable standards. Further, in making such determinations, information may be obtained and used from the Federal Emergency Management Agency or any other Federal, State (including State agencies or political subdivisions), or other entity or individual providing information regarding, for example, flood susceptibility for the land, soil surveys, aerial photographs, or flood plain data or other relevant information. (d) Additional provisions making Government-owned land eligible is specified in § 701.106." 7:7:7.1.1.1.2.2.1.5,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§ 701.106 Government-owned land.,FSA,,,"[88 FR 1883, Jan. 11, 2023]","(a) State-owned land. When land is owned by a State, whether it is eligible for cost share is as specified in this paragraph (a) in addition to the requirements in § 701.105. (1) If an eligible person or legal entity has a lease for the State-owned land that allows cost share, and files a cost share request for the State-owned land, the land is eligible for cost share if, as determined by FSA, the: (i) Eligible person or legal entity will directly benefit from the practice; or (ii) The land will remain in agricultural production throughout the established practice life span. (2) If an eligible person or legal entity files a cost-share request for State-owned land, the land is ineligible for cost share if, as determined by FSA, the: (i) Practice is for the primary benefit of the State or State agencies; or (ii) Eligible person or legal entity is prohibited by the lease from accepting cost-share. (b) Federally-owned farmland. When land is federally owned, whether it is eligible for cost-share is as specified in this paragraph (a), in addition to the requirements in § 701.105. (1) If an eligible person or legal entity files a cost-share request on federally owned farmland, the land is eligible if all of the following apply: (i) An eligible private person or legal entity is farming or ranching the farmland; (ii) An eligible person or legal entity has a lease that does not prohibit cost-share; (iii) The practice will primarily benefit nearby or adjacent privately owned farmland of the eligible person or legal entity performing the practice; (iv) A person or legal entity performing the practice has authorization from a Federal agency to install and maintain the practice; (v) The Federal land is the most practical location for the eligible practice; and (vi) During a drought, the practice will primarily benefit the livestock owned or managed by the eligible person or legal entity performing the practice. (2) If an eligible person or legal entity files a cost share request on federally-owned land, the land is ineligible if the practices performed on these lands are for the benefit of land owned by a Federal agency. (c) Federal or State agency. For the purposes of this subpart, private persons or legal entities exclude Federal and State agencies." 7:7:7.1.1.1.2.2.1.6,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§§ 701.107-701.109 [Reserved],FSA,,,, 7:7:7.1.1.1.2.2.1.7,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§ 701.110 Qualifying minimum cost of restoration.,FSA,,,"[69 FR 10302, Mar. 4, 2004; 69 FR 22377, Apr. 26, 2004. Redesignated and amended at 75 FR 70088, Nov. 17, 2010]","(a) To qualify for assistance under § 701.103(a), the eligible damage must be so costly that Federal assistance is or will be required to return the land to productive agricultural use or to provide emergency water for livestock. (b) The Deputy Administrator shall establish the minimum qualifying cost of restoration. Each affected State may be allowed to establish a higher minimum qualifying cost of restoration. (c) A producer may request a waiver of the qualifying minimum cost of restoration. The waiver request shall document how failure to grant the waiver will result in environmental damage or hardship to the producer and how the waiver will accomplish the goals of the program." 7:7:7.1.1.1.2.2.1.8,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§ 701.111 Prohibition on duplicate payments.,FSA,,,"[69 FR 10302, Mar. 4, 2004, as amended at 71 FR 30265, May 26, 2006. Redesignated at 75 FR 70088, Nov. 17, 2010, as amended at 88 FR 1883, Jan. 11, 2023; 88 FR 39768, June 20, 2023]","(a) Duplicate payments. Participants are not eligible to receive funding under ECP on the same piece of land for which the participant has or will receive funding under any other Federal program that covers the same or similar expenses so as to create duplicate payments, or, in effect, a higher rate of cost share than is allowed under this part. (1) The Wetland Reserve Program (WRP) provided for in 7 CFR part 1467; (2) The Emergency Wetland Reserve Program (EWRP) provided for in 7 CFR part 623; (3) The Emergency Watershed Protection Program (EWP), provided for in 7 CFR part 624, for the same or similar expenses; or (4) Any other Federal program that covers the same or similar expenses so as to create duplicate payments, or, in effect, a higher rate of cost share than is allowed under this part. (b) Refund. Participants who receive any duplicate funds, payments, or benefits shall refund any ECP payments received." 7:7:7.1.1.1.2.2.1.9,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",B,Subpart B—Emergency Conservation Program,,§ 701.112 Eligible ECP practices.,FSA,,,"[69 FR 10302, Mar. 4, 2004. Redesignated and amended at 75 FR 70088, Nov. 17, 2010]","(a) Cost-share assistance may be offered for ECP practices to replace or restore farmland, fences, or conservation structures to a condition similar to that existing before the natural disaster. No relief under this subpart shall be allowed to address conservation problems existing before the disaster. (b) The practice or practices made available when the ECP is implemented shall be only those practices authorized by FSA for which cost-share assistance is essential to permit accomplishment of the program goals. (c) Cost-share assistance may be provided for permanent vegetative cover, including establishment of the cover where needed, only in conjunction with eligible structures or installations where cover is needed to prevent erosion and/or siltation or to accomplish some other ECP purpose. (d) Practice specifications shall represent the minimum levels of performance needed to address the ECP need." 7:7:7.1.1.1.2.3.1.1,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",C,Subpart C—Emergency Forest Restoration Program,,§§ 701.200-701.202 [Reserved],FSA,,,, 7:7:7.1.1.1.2.3.1.10,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",C,Subpart C—Emergency Forest Restoration Program,,§ 701.226 Maximum financial assistance.,FSA,,,"[75 FR 70889, Nov. 17, 2010, as amended at 84 FR 32841, July 10, 2019; 88 FR 1883, Jan. 11, 2023]","(a) In addition to other restrictions that may be applied by FSA, an EFRP participant will not receive more than 75 percent of the lesser of the participant's total actual cost or of the total allowable costs, as determined by this subpart, to perform the practice. (b) A person, or legal entity, as defined in part 1400 of this title, is limited to a maximum cost-share of $500,000 per person or legal entity, per natural disaster. (c) The Secretary may waive the maximum limitations described in paragraphs (a) and (b) of this section to the maximum extent allowed by law." 7:7:7.1.1.1.2.3.1.2,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",C,Subpart C—Emergency Forest Restoration Program,,"§ 701.203 Eligible measures, objectives, and assistance.",FSA,,,"[75 FR 70889, Nov. 17, 2010, as amended at 84 FR 32841, July 10, 2019]","(a) Subject to the availability of funds and only for areas, natural disasters, and time periods for the natural disaster and rehabilitation approved by the Deputy Administrator, FSA will provide financial assistance to owners of nonindustrial private forest land who carry out emergency measures to restore land damaged by a natural disaster as determined by FSA. (b) The objective of EFRP is to make financial assistance available to eligible participants on eligible land for certain practices to restore nonindustrial private forest land that has been damaged by a natural disaster." 7:7:7.1.1.1.2.3.1.3,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",C,Subpart C—Emergency Forest Restoration Program,,§ 701.204 Participant eligibility.,FSA,,,,"(a) To be eligible to participate in EFRP, a person or legal entity must be an owner of nonindustrial private forest land affected by a natural disaster, and must be liable for or have the expense that is the subject of the financial assistance. The owner must be a person or legal entity (including an Indian tribe) with full decision-making authority over the land, as determined by FSA, or with such waivers as may be needed from lenders or others as may be required, to undertake program commitments. (b) Federal agencies and States, including all agencies and political subdivisions of a State, are ineligible for EFRP. (c) An application may be denied for any reason." 7:7:7.1.1.1.2.3.1.4,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",C,Subpart C—Emergency Forest Restoration Program,,§ 701.205 Land eligibility.,FSA,,,"[75 FR 70889, Nov. 17, 2010, as amended at 84 FR 32841, July 10, 2019]","(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." 7:7:7.1.1.1.2.3.1.5,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",C,Subpart C—Emergency Forest Restoration Program,,§§ 701.206-701.209 [Reserved],FSA,,,, 7:7:7.1.1.1.2.3.1.6,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",C,Subpart C—Emergency Forest Restoration Program,,§ 701.210 Qualifying minimum cost of restoration.,FSA,,,,"(a) FSA will establish the minimum qualifying cost of restoration, which may vary by State or region. (b) An applicant may request a waiver of the qualifying minimum cost of restoration. The waiver request must document how failure to grant the waiver will result in environmental damage or hardship to the person or legal entity, and how the waiver will accomplish the goals of the program." 7:7:7.1.1.1.2.3.1.7,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",C,Subpart C—Emergency Forest Restoration Program,,§ 701.211 Prohibition on duplicate payments.,FSA,,,"[75 FR 70889, Nov. 17, 2010, as amended at 88 FR 39768, June 20, 2023]","(a) Participants are not eligible to receive funding under EFRP for land on which FSA determines that the participant has or will receive federal funding for the same or similar expenses under: (1) The Emergency Conservation Program provided for in subpart B of this part; (2) The Wetland Reserve Program (WRP) provided for in part 1467 of this title; (3) The Emergency Wetland Reserve Program (EWRP) provided for in part 623 of this chapter; (4) The Emergency Watershed Protection Program (EWP), provided for in part 624 of this chapter; or (5) Any other Federal program that covers the same or similar expenses so as to create duplicate payments, or, have the effect of creating in total, otherwise, a higher rate of financial assistance than is allowed on its own under this part. (b) Participants who receive any duplicate Federal funds, payments, or benefits must refund any EFRP payments received, except the Deputy Administrator may reduce the refund amount to the amount determined appropriate by the Deputy Administrator to ensure that the total amount of assistance received by the owner of the land under all Federal programs does not exceed an amount otherwise allowed in this part." 7:7:7.1.1.1.2.3.1.8,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",C,Subpart C—Emergency Forest Restoration Program,,§ 701.212 Eligible EFRP practices.,FSA,,,,"(a) Financial assistance may be offered to eligible persons or legal entities for EFRP practices to restore forest health and forest-related resources on eligible land. (b) Practice specifications must represent the minimum level of performance needed to restore the land to the applicable FSA, NRCS, Forest Service, or State forestry standard." 7:7:7.1.1.1.2.3.1.9,7,Agriculture,VII,A,701,"PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART",C,Subpart C—Emergency Forest Restoration Program,,§§ 701.213-701.225 [Reserved],FSA,,,, 7:7:7.1.1.1.3.0.1.1,7,Agriculture,VII,A,707,"PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT",,,,§ 707.1 Applicability.,FSA,,,,This part applies to all programs in title 7 of the Code of Federal Regulations which are administered by the Farm Service Agency under which payments are made to eligible program participants. This part also applies to all other programs to which this part is applicable by the individual program regulations. 7:7:7.1.1.1.3.0.1.2,7,Agriculture,VII,A,707,"PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT",,,,§ 707.2 Definitions.,FSA,,,,"“Person” when relating to one who dies, disappears, or becomes incompetent, prior to receiving payment, means a person who has earned a payment in whole or in part pursuant to any of the programs to which this part is applicable. “Children” shall include legally adopted children who shall be entitled to share in any payment in the same manner and to the same extent as legitimate children of natural parents. “Brother” or “sister”, when relating to one who, pursuant to the regulations in this part, is eligible to apply for the payment which is due a person who dies, disappears, or becomes incompetent prior to the receipt of such payment, shall include brothers and sisters of the half blood who shall be considered the same as brothers and sisters of the whole blood. “Payment” means a payment by draft, check or certificate pursuant to any of the Programs to which this part is applicable. Payments shall not be considered received for the purposes of this part until such draft, check or certificate has been negotiated or used." 7:7:7.1.1.1.3.0.1.3,7,Agriculture,VII,A,707,"PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT",,,,§ 707.3 Death.,FSA,,,"[30 FR 6246, May 5, 1965, as amended at 75 FR 81835, Dec. 29, 2010]","(a) Where any person who would otherwise be eligible to receive a payment dies before the payment is received, payment may be released in accordance with this section so long as, and only if, a timely program application has been filed by the deceased before the death or filed in a timely way before or after the death by a person legally authorized to act for the deceased. Timeliness will be determined under the relevant program regulations. All program conditions for payment under the relevant program regulations must have been met for the deceased to be considered otherwise eligible for the payment. However, the payment will not be made under this section unless, in addition, a separate release application is filed in accordance with § 707.7. If these conditions are met, payment may be released without regard to the claims of creditors other than the United States, in accordance with the following order of precedence: (1) To the administrator or executor of the deceased person's estate. (2) To the surviving spouse, if there is no administrator or executor and none is expected to be appointed, or if an administrator or executor was appointed but the administration of the estate is closed (i) prior to application by the administrator or executor for such payment or (ii) prior to the time when a check, draft, or certificate issued for such payment to the administrator or executor is negotiated or used. (3) If there is no surviving spouse, to the sons and daughters in equal shares. Children of a deceased son or daughter of a deceased person shall be entitled to their parent's share of the payment, share and share alike. If there are no surviving direct descendants of a deceased son or daughter of such deceased person, the share of the payment which otherwise would have been made to such son or daughter shall be divided equally among the surviving sons and daughters of such deceased person and the estates of any deceased sons or daughters where there are surviving direct descendants. (4) If there is no surviving spouse and no direct descendant, payment shall be made to the father and mother of the deceased person in equal shares, or the whole thereof to the surviving father or mother. (5) If there is no surviving spouse, no direct descendant, and no surviving parent, payment shall be made to the brothers and sisters of the deceased person in equal shares. Children of a deceased brother or sister shall be entitled to their parent's share of the payment, share and share alike. If there are no surviving direct descendants of the deceased brother or sister of such deceased person, the share of the payment which otherwise would have been made to such brother or sister shall be divided equally among the surviving brothers and sisters of such deceased person and the estates of any deceased brothers or sisters where there are surviving direct descendants. (6) If there is no surviving spouse, direct descendant, parent, or brothers or sisters or their descendants, the payment shall be made to the heirs-at-law in accordance with the law of the State of domicile of the deceased person. (b) If any person who is entitled to payment under the above order of precedence is a minor, payment of his share shall be made to his legal guardian, but if no legal guardian has been appointed payment shall be made to his natural guardian or custodian for his benefit, unless the minor's share of the payment exceeds $1,000, in which event payment shall be made only to his legal guardian. (c) Any payment which the deceased person could have received may be made jointly to the persons found to be entitled to such payment or shares thereof under this section or, pursuant to instructions issued by the Farm Service Agency, a separate payment may be issued to each person entitled to share in such payment." 7:7:7.1.1.1.3.0.1.4,7,Agriculture,VII,A,707,"PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT",,,,§ 707.4 Disappearance.,FSA,,,"[30 FR 6246, May 5, 1965, as amended at 75 FR 81835, Dec. 29, 2010]","(a) Where any person who would otherwise be eligible to receive a payment disappears before the payment is received, payment may be released in accordance with this section so long as, and only if, a timely program application has been filed by that person before the disappearance or filed timely before or after the disappearance by someone legally authorized to act for the person involved. Timeliness will be determined under the relevant program regulations. All program conditions for payment under the relevant program regulations must have been met for the person involved to be considered otherwise eligible for the payment. However, the payment will not be made unless, in addition, a separate release application is filed in accordance with § 707.7. If these conditions are met, payment may be released without regard to the claims of creditors other than the United States, in accordance with the following order of precedence: (1) The conservator or liquidator of his estate, if one be duly appointed. (2) The spouse. (3) An adult son or daughter or grandchild for the benefit of his estate. (4) The mother or father for the benefit of his estate. (5) An adult brother or sister for the benefit of his estate. (6) Such person as may be authorized under State law to receive payment for the benefit of his estate. (b) A person shall be deemed to have disappeared if (1) he has been missing for a period of more than 3 months, (2) a diligent search has failed to reveal his whereabouts, and (3) such person has not communicated during such period with other persons who would be expected to have heard from him. Evidence of such disappearance must be presented to the county committee in the form of a statement executed by the person making the application for payment, setting forth the above facts, and must be substantiated by a statement from a disinterested person who was well acquainted with the person who has disappeared." 7:7:7.1.1.1.3.0.1.5,7,Agriculture,VII,A,707,"PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT",,,,§ 707.5 Incompetency.,FSA,,,"[75 FR 81836, Dec. 30, 2010]","(a) Where any person who would otherwise be eligible to receive a payment is adjudged incompetent by a court of competent jurisdiction before the payment is received, payment may be released in accordance with this section so long as, and only if, a timely and binding program application has been filed by the person involved while capable or by someone legally authorized to file an application for the person involved. Timeliness is determined under the relevant program regulations. In all cases, the payment application must have been timely under the relevant program regulations and all program conditions for payment must have been met by or on behalf of the person involved. However, the payment will not be made unless, in addition, a separate release application is filed in accordance with § 707.7. If these conditions are met, payment may be released without regard to the claims of creditors other than the United States, to the guardian or committee legally appointed for the person involved. In case no guardian or committee had been appointed, payment, if for not more than $1,000, may be released without regard to claims of creditors other than the United States, to one of the following in the following order for the benefit of the person who was the subject of the adjudication: (1) The spouse. (2) An adult son, daughter, or grandchild. (3) The mother or father. (4) An adult brother or sister. (5) Such person as may be authorized under State law to receive payment for the person (see standard procedure prescribed for the respective region). (b) In case payment is more than $1,000, payment may be released only to such person as may be authorized under State law to receive payment for the incompetent, so long as all conditions for other payments specified in paragraph (a) of this section and elsewhere in the applicable regulations have been met. Those requirements include the filing of a proper and timely and legally authorized program application by or for the person adjudged incompetent. The release of funds under this paragraph will be made without regard to claims of creditors other than the United States unless the agency determines otherwise." 7:7:7.1.1.1.3.0.1.6,7,Agriculture,VII,A,707,"PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT",,,,"§ 707.6 Death, disappearance, or incompetency of one eligible to apply for payment pursuant to the regulations in this part.",FSA,,,"[30 FR 6246, May 5, 1965, as amended at 75 FR 81836, Dec. 29, 2010]","In case any person entitled to apply for a release of a payment pursuant to the provisions of § 707.3, § 707.4, § 707.5, or this section, dies, disappears, or is adjudged incompetent, as the case may be, after he has applied for such payment but before the payment is received, payment may be made upon proper application therefor, without regard to claims of creditors other than the United States, to the person next entitled thereto in accordance with the order of precedence set forth in § 707.3, § 707.4, or § 707.5, as the case may be." 7:7:7.1.1.1.3.0.1.7,7,Agriculture,VII,A,707,"PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT",,,,§ 707.7 Release application.,FSA,,,"[30 FR 6246, May 5, 1965, as amended at 75 FR 81836, Dec. 29, 2010]","No payment may be made under this part unless a proper program application was filed in accordance with the rules for the program that generated the payment. That application must have been timely and filed by someone legally authorized to act for the deceased, disappeared, or declared-incompetent person. The filer can be the party that earned the payment themselves—such as the case of a person who filed a program application before they died—or someone legally authorized to act for the party that earned the payment. All program conditions for payment must have been met before the death, disappearance, or incompetency except for the timely filing of the application for payment by the person legally authorized to act for the party earning the payment. But, further, for the payment to be released under the rules of this part, a second application must be filed. That second application is a release application filed under this section. In particular, as to the latter, where all other conditions have been met, persons desiring to claim payment for themselves or an estate in accordance with this part 707 must do so by filing a release application on Form FSA-325, “Application for Payment of Amounts Due Persons Who Have Died, Disappeared or Have Been Declared Incompetent.If the person who died, disappeared, or was declared incompetent did not apply for payment by filing the applicable program application for payment form, such program application for payment must also be filed in accordance with applicable regulations. If the payment is made under the Naval Stores Conservation Program, Part II of the Form FSA-325 shall be executed by the local District Supervisor of the U.S. Forest Service. In connection with applications for payment under all other programs itemized in § 707.1, Form FSA-325, and program applications for payments where required, shall be filed with the FSA county office where the person who earned the payment would have been required to file his application." 7:7:7.1.1.1.4.0.1.1,7,Agriculture,VII,A,708,PART 708—RECORD RETENTION REQUIREMENTS—ALL PROGRAMS,,,,§ 708.1 Record retention period.,FSA,,,"[25 FR 105, Jan. 7, 1960. Redesignated at 26 FR 5788, June 29, 1961]","For the purposes of the programs in this chapter, no receipt, invoice, or other record required to be retained by any agricultural producer as evidence tending to show performance of a practice under any such program needs to be retained by such producer more than two years following the close of the program year of the program." 7:7:7.1.1.2.5.0.1.1,7,Agriculture,VII,B,714,"PART 714—REFUNDS OF PENALTIES ERRONEOUSLY, ILLEGALLY, OR WRONGFULLY COLLECTED",,,,"§ 714.35 Basis, purpose, and applicability.",FSA,,,,"(a) Basis and purpose. The regulations set forth in this part are issued pursuant to the Agricultural Adjustment Act of 1938, as amended, for the purpose of prescribing the provisions governing refunds of marketing quota penalties erroneously, illegally, or wrongfully collected with respect to all commodities subject to marketing quotas under the Act. (b) Applicability. This part shall apply to claims submitted for refunds of marketing quota penalties erroneously, illegally, or wrongfully collected on all commodities subject to marketing quotas under the Act. It shall not apply to the refund of penalties which are deposited in a special deposit account pursuant to sections 314(b), 346(b), 356(b), or 359 of the Agricultural Adjustment Act of 1938, as amended, or paragraph (3) of Pub. L. 74, 77th Congress, available for the refund of penalties initially collected which are subsequently adjusted downward by action of the county committee, review committee, or appropriate court, until such penalties have been deposited in the general fund of the Treasury of the United States after determination that no downward adjustment in the amount of penalty is warranted. All prior regulations dealing with refunds of penalties which were contained in this part are superseded upon the effective date of the regulations in this part." 7:7:7.1.1.2.5.0.1.10,7,Agriculture,VII,B,714,"PART 714—REFUNDS OF PENALTIES ERRONEOUSLY, ILLEGALLY, OR WRONGFULLY COLLECTED",,,,§ 714.44 Recommendation by State committee.,FSA,,,,"A representative of the State committee shall review each claim referred by the county committee. If a claim is sent initially to the State committee, it shall be referred to the appropriate county committee for recommendation as provided in § 714.43 prior to action being taken by the State committee. Any necessary investigation shall be made. The State committee shall recommend approval or disapproval of the claim, attaching a statement giving the reasons for their action, which shall be signed by a representative of the State committee. After recommending approval or disapproval, the claim shall be promptly sent to the Deputy Administrator." 7:7:7.1.1.2.5.0.1.11,7,Agriculture,VII,B,714,"PART 714—REFUNDS OF PENALTIES ERRONEOUSLY, ILLEGALLY, OR WRONGFULLY COLLECTED",,,,§ 714.45 Approval by Deputy Administrator.,FSA,,,,"The Deputy Administrator shall review each claim forwarded to him by the State committee to determine whether, (a) the penalty was erroneously, illegally, or wrongfully collected, (b) the claimant bore the burden of the payment of the penalty, (c) the claim was timely filed, and (d) under the applicable law and regulations the claimant is entitled to a refund. If a claim is filed initially with the Deputy Administrator, he shall obtain the recommendations of the county committee and the State committee if he deems such action necessary in arriving at a proper determination of the claim. The claimant shall be advised in writing of the action taken by the Deputy Administrator. If disapproved, the claimant shall be notified with an explanation of the reasons for such disapproval." 7:7:7.1.1.2.5.0.1.12,7,Agriculture,VII,B,714,"PART 714—REFUNDS OF PENALTIES ERRONEOUSLY, ILLEGALLY, OR WRONGFULLY COLLECTED",,,,§ 714.46 Certification for payment.,FSA,,,,"An officer or employee of the Department of Agriculture authorized to certify public vouchers for payment shall, for and on behalf of the Secretary of Agriculture, certify to the Secretary of the Treasury of the United States for payment all claims for refund which have been approved." 7:7:7.1.1.2.5.0.1.2,7,Agriculture,VII,B,714,"PART 714—REFUNDS OF PENALTIES ERRONEOUSLY, ILLEGALLY, OR WRONGFULLY COLLECTED",,,,§ 714.36 Definitions.,FSA,,,,"(a) General terms. In determining the meaning of the provisions of this part, unless the context indicates otherwise, words imparting the singular include and apply to several persons or things, words imparting the plural include the singular, words imparting the masculine gender include the feminine as well, and words used in the present tense include the future as well as the present. The definitions in part 719 of this chapter shall apply to this part. The provisions of part 720 of this chapter concerning the expiration of time limitations shall apply to this part. (b) Other terms applicable to this part. The following terms shall have the following meanings: (1) “Act” means the Agricultural Adjustment Act of 1938, and any amendments or supplements thereto. (2) “Claim” means a written request for refund of penalty. (3) “Claimant” means a person who makes a claim for refund of penalty as provided in this part. (4) “County Office” means the office of the Agricultural Stabilization and Conservation County Committee. (5) “Penalty” means an amount of money collected, including setoff, from or on account of any person with respect to any commodity to which this part is applicable, which has been covered into the general fund of the Treasury of the United States, as provided in section 372(b) of the Act. (6) “State office” means the office of the Agricultural Stabilization and Conservation State Committee." 7:7:7.1.1.2.5.0.1.3,7,Agriculture,VII,B,714,"PART 714—REFUNDS OF PENALTIES ERRONEOUSLY, ILLEGALLY, OR WRONGFULLY COLLECTED",,,,§ 714.37 Instructions and forms.,FSA,,,,The Deputy Administrator shall cause to be prepared and issued such instructions and forms as are necessary for carrying out the regulations in the part. 7:7:7.1.1.2.5.0.1.4,7,Agriculture,VII,B,714,"PART 714—REFUNDS OF PENALTIES ERRONEOUSLY, ILLEGALLY, OR WRONGFULLY COLLECTED",,,,§ 714.38 Who may claim refund.,FSA,,,,"Claim for refund may be made by: (a) Any person who was entitled to share in the price or consideration received by the producer with respect to the marketing of a commodity from which a deduction was made for the penalty and bore the burden of such deduction in whole or in part. (b) Any person who was entitled to share in the commodity or the proceeds thereof, paid the penalty thereon in whole or in part and has not been reimbursed therefor. (c) Any person who was entitled to share in the commodity or the proceeds thereof and bore the burden of the penalty because he has reimbursed the person who paid such penalty. (d) Any person who, as buyer, paid the penalty in whole or in part in connection with the purchase of a commodity, was not required to collect or pay such penalty, did not deduct the amount of such penalty from the price paid the producer, and has not been reimbursed therefor. (e) Any person who paid the penalty in whole or in part as a surety on a bond given to secure the payment of penalties and has not been reimbursed therefor. (f) Any person who paid the whole or any part of the sum paid as a penalty with respect to a commodity included in a transaction which in fact was not a marketing of such commodity and has not been reimbursed therefor." 7:7:7.1.1.2.5.0.1.5,7,Agriculture,VII,B,714,"PART 714—REFUNDS OF PENALTIES ERRONEOUSLY, ILLEGALLY, OR WRONGFULLY COLLECTED",,,,§ 714.39 Manner of filing.,FSA,,,,"Claim for refund shall be filed in the county office on a form prescribed by the Deputy Administrator. If more than one person is entitled to file a claim, a joint claim may be filed by all such persons. If a separate claim is filed by a person who is a party to a joint claim, such separate claim shall not be approved until the interest of each person involved in the joint claim has been determined." 7:7:7.1.1.2.5.0.1.6,7,Agriculture,VII,B,714,"PART 714—REFUNDS OF PENALTIES ERRONEOUSLY, ILLEGALLY, OR WRONGFULLY COLLECTED",,,,§ 714.40 Time of filing.,FSA,,,,Claim shall be filed within 2 years after the date payment was made to the Secretary. The date payment was made shall be deemed to be the date such payment was deposited in the general fund of the Treasury as shown on the certificate of deposit on which such payment was scheduled. 7:7:7.1.1.2.5.0.1.7,7,Agriculture,VII,B,714,"PART 714—REFUNDS OF PENALTIES ERRONEOUSLY, ILLEGALLY, OR WRONGFULLY COLLECTED",,,,§ 714.41 Statement of claim.,FSA,,,,"The claim shall show fully the facts constituting the basis of the claim; the name and address of and the amount claimed by every person who bore or bears any part or all of the burden of such penalty; and the reasons why such penalty is claimed to have been erroneously, illegally, or wrongfully collected. It shall be the responsibility of the county committee to determine that any person who executes a claim as agent or fiduciary is properly authorized to act in such capacity. There should be attached to the claim all pertinent documents with respect to the claim or duly authenticated copies thereof." 7:7:7.1.1.2.5.0.1.8,7,Agriculture,VII,B,714,"PART 714—REFUNDS OF PENALTIES ERRONEOUSLY, ILLEGALLY, OR WRONGFULLY COLLECTED",,,,§ 714.42 Designation of trustee.,FSA,,,,"Where there is more than one claimant and all the claimants desire to appoint a trustee to receive and disburse any payment to be made to them with respect to the claim, they shall be permitted to appoint a trustee. The person designated as trustee shall execute the declaration of trust." 7:7:7.1.1.2.5.0.1.9,7,Agriculture,VII,B,714,"PART 714—REFUNDS OF PENALTIES ERRONEOUSLY, ILLEGALLY, OR WRONGFULLY COLLECTED",,,,§ 714.43 Recommendation by county committee.,FSA,,,,"Immediately upon receipt of a claim, the date of receipt shall be recorded on the face thereof. The county committee shall determine, on the basis of all available information, if the data and representations on the claim are correct. The county committee shall recommend approval or disapproval of the claim, and attach a statement to the claim, signed by a member of the committee, giving the reasons for their action. After the recommendation of approval or disapproval is made by the county committee, the claim shall be promptly sent to the State committee." 7:7:7.1.1.2.6.1.1.1,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,A,Subpart A—General Provisions,,§ 718.1 Applicability.,FSA,,,"[72 FR 63284, Nov. 8, 2007, as amended at 80 FR 41994, July 16, 2015]","(a) This part is applicable to all programs specified in chapters VII and XIV of this title that are administered by the Farm Service Agency (FSA) and to any other programs that adopt this part by reference. This part governs how FSA administers marketing quotas, allotments, base acres, and acreage reports for those programs to which this part applies. The regulations to which this part applies are those that establish procedures for measuring allotments and program eligible acreage, for determining program compliance, farm reconstitutions, application of finality, and equitable relief from compliance or ineligibility. (b) For all programs, except for those administered under parts 761 through 774 of this chapter: (1) The provisions of this part will be administered under the general supervision of the Administrator, FSA, and carried out in the field by State and county FSA committees (State and county committees); (2) State and county committees, and representatives and employees thereof, do not have authority to modify or waive any regulations in this part; (3) No provisions or delegation herein to a State or county committee will preclude the Administrator, FSA, or a designee, from determining any question arising under the program or from reversing or modifying any determination made by a State or county committee; (4) The Deputy Administrator, FSA, may authorize State and county committees to waive or modify deadlines and other requirements in cases where lateness or failure to meet such other requirements does not adversely affect the operation of the program. (c) The programs under parts 761 through 774 will be administered according to the part, or parts, applicable to the specific program." 7:7:7.1.1.2.6.1.1.10,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,A,Subpart A—General Provisions,,§ 718.10 Time limitations.,FSA,,,,"Whenever the final date prescribed in any of the regulations in this title for the performance of any act falls on a Saturday, Sunday, national holiday, State holiday on which the office of the county or State Farm Service Agency committee having primary cognizance of the action required to be taken is closed, or any other day on which the cognizant office is not open for the transaction of business during normal working hours, the time for taking required action shall be extended to the close of business on the next working day. Or in case the action required to be taken may be performed by mailing, the action shall be considered to be taken within the prescribed period if the mailing is postmarked by midnight of such next working day. Where the action required to be taken is with a prescribed number of days after the mailing of notice, the day of mailing shall be excluded in computing such period of time." 7:7:7.1.1.2.6.1.1.11,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,A,Subpart A—General Provisions,,§ 718.11 Disqualification due to Federal crop insurance violation.,FSA,,,"[72 FR 63284, Nov. 8, 2007]","(a) Section 515(h) of the Federal Crop Insurance Act (FCIA) provides that a person who willfully and intentionally provides false or inaccurate information to the Federal Crop Insurance Corporation (FCIC) or to an approved insurance provider with respect to a policy or plan of FCIC insurance, after notice and an opportunity for a hearing on the record, will be subject to one or more of the sanctions described in section 515(h)(3). In section 515(h)(3), the FCIA specifies that in the case of a violation committed by a producer, the producer may be disqualified for a period of up to 5 years from receiving any monetary or non-monetary benefit under a number of programs. The list includes, but is not limited to, benefits under: (1) The FCIA. (2) The Agricultural Market Transition Act (7 U.S.C. 7201 et seq. ), including the Noninsured Crop Disaster Assistance Program under section 196 of that Act (7 U.S.C. 7333). (3) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq. ). (4) The Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq. ). (5) The Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq. ). (6) Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq. ). (7) The Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq. ). (8) Any law that provides assistance to a producer of an agricultural commodity affected by a crop loss or a decline in prices of agricultural commodities. (b) Violation determinations are made by FCIC. However, upon notice from FCIC to FSA that a producer has been found to have committed a violation to which paragraph (a) of this section applies, that person will be ineligible for payments under the programs specified in paragraph (a) of this section that are funded by FSA for the same period of time for which, as determined by FCIC, the producer will be ineligible for crop insurance benefits of the kind referred to in paragraph (a)(1) of this section. Appeals of the determination of ineligibility will be administered under the rules set by FCIC. (c) Other sanctions may also apply." 7:7:7.1.1.2.6.1.1.2,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,A,Subpart A—General Provisions,,§ 718.2 Definitions.,FSA,,,"[68 FR 16172, Apr. 3, 2003; 69 FR 250, Jan. 5, 2004, as amended at 79 FR 74571, Dec. 15, 2014; 80 FR 41994, July 16, 2015; 84 FR 45886, Sept. 3, 2019; 91 FR 1053, Jan. 12, 2026]","Except as provided in individual parts of chapters VII and XIV of this title, the following terms shall be as defined herein: Administrative county means the FSA-determined county of record for systematic control and administration under programs relying on such a determination. Administrative variance (AV) means the amount by which the determined acreage of tobacco may exceed the effective allotment and be considered in compliance with program regulations. Allotment means an acreage for a commodity allocated to a farm in accordance with the Agricultural Adjustment Act of 1938, as amended. Allotment crop means any tobacco crop for which acreage allotments are established pursuant to part 723 of this chapter. Barley means barley that follows the standard planting and harvesting practice of barley for the area in which the barley is grown. Base acres means, with respect to a covered commodity on a farm, the number of acres in effect on September 30, 2013, as defined in the regulations in part 1412, subpart B, of this title that were in effect on that date, subject to any reallocation, adjustment, or reduction. The term “base acres” includes any generic base acres as specified in part 1412 planted to a covered commodity as specified in part 1412. Beginning farmer or rancher means a person or legal entity (for legal entities to be considered a beginning farmer or rancher, at least 50 percent of the interest must be beginning farmers or ranchers) for which both of the following are true for the farmer or rancher: (1) Has not operated a farm or ranch for more than 10 years; and (2) Materially and substantially participates in the operation. CCC means the Commodity Credit Corporation. Combination means consolidation of two or more farms or parts of farms, having the same operator, into one farm. Common land unit means the smallest unit of land that has an identifiable border located in one physical location (county), as defined in this part, and all of the following in common: (1) Owner; (2) Management; (3) Cover; and (4) Where applicable, producer association. Common ownership unit means a distinguishable parcel of land consisting of one or more tracts of land with the same owners, as determined by FSA. Constitution means the make-up of the farm before any change is made because of change in ownership or operation. Contiguous means sharing any part of a boundary but not overlapping. Contiguous county means a county contiguous to the reference county or counties. Contiguous county office means the FSA county office that is in a contiguous county. Controlled environment means, with respect to those crops for which a controlled environment is required or expected to be provided, including but not limited to ornamental nursery, aquaculture (including ornamental fish), and floriculture, as applicable under the particular program, an environment in which everything that can practicably be controlled with structures, facilities, growing media (including but not limited to water, soil, or nutrients) by the producer, is in fact controlled by the producer. Controlled substances means the term set forth in 21 CFR part 1308. Corn means field corn or sterile high-sugar corn that follows the standard planting and harvesting practices for corn for the area in which the corn is grown. Popcorn, corn nuts, blue corn, sweet corn, and corn varieties grown for decoration uses are not corn. County means the county, council of government, or parish of a state. For Alaska, Puerto Rico and the Virgin Islands, a county shall be an area designated by the State committee with the concurrence of the Deputy Administrator. County committee means the FSA county committee. Crop reporting date means the latest date upon which the Administrator, FSA will allow the farm operator, owner, or their agent to submit a crop acreage report in order for the report to be considered timely. Cropland. (a) Means land which the county committee determines meets any of the following conditions: (1) Is currently being tilled for the production of a crop for harvest. Land which is seeded by drilling, broadcast or other no-till planting practices shall be considered tilled for cropland definition purposes; (2) Is not currently tilled, but it can be established that such land has been tilled in a prior year and is suitable for crop production; (3) Is currently devoted to a one-row or two-row shelter belt planting, orchard, or vineyard; (4) Is in terraces that, were cropped in the past, even though they are no longer capable of being cropped; (5) Is in sod waterways or filter strips planted to a perennial cover; (6) Is preserved as cropland in accordance with part 1410 of this title; or (7) Is land that has newly been broken out for purposes of being planted to a crop that the producer intends to, and is capable of, carrying through to harvest, using tillage and cultural practices that are consistent with normal practices in the area; provided further that, in the event that such practices are not utilized other than for reasons beyond the producer's control, the cropland determination shall be void retroactive to the time at which the land was broken out. (b) Land classified as cropland shall be removed from such classification upon a determination by the county committee that the land is: (1) No longer used for agricultural production; (2) No longer suitable for production of crops; (3) Subject to a restrictive easement or contract that prohibits its use for the production of crops unless otherwise authorized by the regulation of this chapter; (4) No longer preserved as cropland in accordance with the provisions of part 1410 of this title and does not meet the conditions in paragraphs (a)(1) through (a)(6) of this definition; or (5) Converted to ponds, tanks or trees other than those trees planted in compliance with a Conservation Reserve Program contract executed pursuant to part 1410 of this title, or trees that are used in one-or two-row shelterbelt plantings, or are part of an orchard or vineyard. Current year means the year for which allotments, quotas, acreages, and bases, or other program determinations are established for that program. For controlled substance violations, the current year is the year of the actual conviction. Deputy Administrator means Deputy Administrator for Farm Programs, Farm Service Agency, U.S. Department of Agriculture or their designee. Determination means a decision issued by a State, county or area FSA committee or its employees that affects a participant's status in a program administered by FSA. Determined acreage means that acreage established by a representative of the Farm Service Agency by use of official acreage, digitizing or planimetering areas on the photograph or other photographic image, or computations from scaled dimensions or ground measurements. Direct and counter-cyclical program (DCP) cropland means land that currently meets the definition of cropland, land that was devoted to cropland at the time it was enrolled in a production flexibility contract in accordance with part 1413 of this title and continues to be used for agricultural purposes, or land that met the definition of cropland on or after April, 4, 1996, and continues to be used for agricultural purposes and not for nonagricultural commercial or industrial use. Division means the division of a farm into two or more farms or parts of farms. Double cropping means, as determined by the Deputy Administrator on a regional basis, consecutive planting of two specific crops that have the capability to be planted and carried to maturity for the intended uses, as reported by the producer, on the same acreage within a 12-month period. To be considered double cropping, the planting of two specific crops must be in an area where such double cropping is considered normal, or could be considered normal, for all growers under normal growing conditions and growers are typically able to repeat the same cycle successfully in a subsequent 12-month period. Entity means a corporation, joint stock company, association, limited partnership, limited liability partnership, limited liability company, irrevocable trust, estate, charitable organization, or other similar organization, including any such organization participating in the farming operation as a partner in a general partnership, a participant in a joint venture, or a participant in a similar organization. Extra Long Staple (ELS) Cotton means cotton that follows the standard planting and harvesting practices of the area in which the cotton is grown, and meets all of the following conditions: (1) American-Pima, Sea Island, Sealand, all other varieties of the Barbandense species of cotton and any hybrid thereof, and any other variety of cotton in which 1 or more of these varieties is predominant; and, (2) The acreage is grown in a county designated as an ELS county by the Secretary; and, (3) The production from the acreage is ginned on a roller-type gin. Family member means an individual to whom a person is related as spouse, lineal ancestor, lineal descendant, or sibling, including: (1) Great grandparent; (2) Grandparent; (3) Parent; (4) Child, including a legally adopted child; (5) Grandchild (6) Great grandchildren; (7) Sibling of the family member in the farming operation; and (8) Spouse of a person listed in paragraphs (1) through (7) of this definition. Farm means a tract, or tracts, of land that are considered to be a separate operation under the terms of this part provided further that where multiple tracts are to be treated as one farm, the tracts must have the same operator and must also have the same owner except that tracts of land having different owners may be combined if all owners agree to the treatment of the multiple tracts as one farm for these purposes. Farm inspection means an inspection by an authorized FSA representative using aerial or ground compliance to determine the extent of producer adherence to program requirements. Farm number means a number assigned to a farm by the county committee for the purpose of identification. Farmland means the sum of the DCP cropland, forest, acreage planted to an eligible crop acreage as specified in 1437.3 of this title and other land on the farm. Field means a part of a farm which is separated from the balance of the farm by permanent boundaries such as fences, permanent waterways, woodlands, and croplines in cases where farming practices make it probable that such cropline is not subject to change, or other similar features. Fiscal year means the period October 1 through September 30. GIS means Geographic Information System or a system that stores, analyzes, and manipulates spatial or geographically referenced data. GIS computes distances and acres using stored data and calculations. GPS means Global Positioning System or a positioning system using satellites that continuously transmit coded information. The information transmitted from the satellites is interpreted by GPS receivers to precisely identify locations on earth by measuring distance from the satellites. Grain sorghum means grain sorghum of a feed grain or dual purpose variety (including any cross that, at all stages of growth, having characteristics of a feed grain or dual purpose variety) that follows the standard planting and harvesting practice for grain sorghum for the area in which the grain sorghum was planted. Sweet sorghum is not considered a grain sorghum. Ground measurement means the distance between 2 points on the ground, obtained by actual use of a chain tape, GPS with a minimum accuracy level as determined by the Deputy Administrator, or other measuring device. Intended use means for a crop or a commodity, the end use for which it is grown and produced. Joint operation means a general partnership, joint venture, or other similar business organization. Landlord means one who rents or leases farmland to another. Limited resource farmer or rancher means a farmer or rancher who is both of the following: (1) A person whose direct or indirect gross farm sales do not exceed $227,100 (2025 program year) in each of the 2 calendar years that precede the most immediately preceding complete taxable year before the relevant program year that corresponds to the relevant program year (for example, for the 2026 program year, the two years would be 2023 and 2024), adjusted upwards in later years for any general inflation; and (2) A person whose total household income was at or below the national poverty level for a family of four in each of the same two previous years referenced in paragraph (1) of this definition. (Limited resource farmer or rancher status can be determined using a website available through the Limited Resource Farmer and Rancher Online Self Determination Tool through National Resource and Conservation Service at https://lrftool.sc.egov.usda.gov. ) (3) For legal entities, all members must meet the criteria in paragraphs (1) and (2) of this definition. Measurement service means a measurement of acreage or farm-stored commodities performed by a representative of FSA and paid for by the producer requesting the measurement. Measurement service after planting means determining a crop or designated acreage after planting but before the farm operator files a report of acreage for the crop. Measurement service guarantee means a guarantee provided when a producer requests and pays for an authorized FSA representative to measure acreage for FSA and CCC program participation unless the producer takes action to adjust the measured acreage. If the producer has taken no such action, and the measured acreage is later discovered to be incorrect, the acreage determined pursuant to the measurement service will be used for program purposes for that program year. Minor child means an individual who is under 18 years of age. For the purpose of programs under chapters VII and XIV of this title, State court proceedings conferring majority on an individual under 18 years of age will not change such an individual's status as a minor. Nonagricultural commercial or industrial use means land that is no longer suitable for producing annual or perennial crops, including conserving uses, or forestry products. Normal planting period means that period during which the crop is normally planted in the county, or area within the county, with the expectation of producing a normal crop. Normal row width means the normal distance between rows of the crop in the field, but not less than 30 inches for all crops. Oats means oats that follows the standard planting and harvesting practice of oats for the area in which the oats are grown. Operator means an individual, entity, or joint operation who is determined by the FSA county committee to be in control of the farming operations on the farm. Owner means one who has legal ownership of farmland, including: (1) Any agency of the Federal Government; however, such agency is not eligible to receive any program payment; (2) One who is buying farmland under a contract for deed; or (3) One who has a life-estate in the property. Participant means one who participates in, or receives payments or benefits in accordance with any of the programs administered by FSA. Pasture means land that is used to, or has the potential to, produce food for grazing animals. Person means an individual, or an individual participating as a member of a joint operation or similar operation, a corporation, joint stock company, association, limited stock company, limited partnership, irrevocable trust, revocable trust together with the grantor of the trust, estate, or charitable organization including any entity participating in the farming operation as a partner in a general partnership, a participant in a joint venture, a grantor of a revocable trust, or a participant in a similar entity, or a State, political subdivision or agency thereof. To be considered a separate person for the purpose of this part, the individual or other legal entity must: (1) Have a separate and distinct interest in the land or the crop involved; (2) Exercise separate responsibility for such interest; and (3) Be responsible for the cost of farming related to such interest from a fund or account separate from that of any other individual or entity. Physical location means the political county and State determined by FSA for identifying a tract or common land unit, as applicable, under this part. FSA will consider all the DCP cropland within an original tract to be in one single physical location county and State based upon 95 percent or more of the tract's DCP cropland. For DCP cropland that FSA determines lies outside the physical location (county) of the original tract that is 10 acres or more and more than 5 percent of the original tract, FSA will divide that land from the original tract and establish a new tract for that area. Planted and considered planted (P&CP) means with respect to an acreage amount, the sum of the planted and prevented planted acres on the farm approved by the FSA county committee for a crop. P&CP is limited to initially planted or prevented planted crop acreage, except for crops planted in an FSA approved double-cropping sequence. Subsequently planted crop acreage and replacement crop acreage are not included as P&CP. Producer means an owner, operator, landlord, tenant, or sharecropper, who shares in the risk of producing a crop and who is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. A producer includes a grower of hybrid seed. Quota means the pounds allocated to a farm for a commodity in accordance with the Agricultural Adjustment Act of 1938, as amended. Random inspection means an examination of a farm by an authorized representative of FSA selected as a part of an impartial sample to determine the adherence to program requirements. Reconstitution means a change in the land constituting a farm as a result of combination or division. Reported acreage means the acreage reported by the farm operator, farm owner, farm producer, or their agent on a Form prescribed by the FSA. Required inspection means an examination by an authorized representative of FSA of a farm specifically selected by application of prescribed rules to determine adherence to program requirements or to verify the farm operator's, farm owner's, farm producer, or agent's report. Rice means rice that follows the standard planting and harvesting practices of the area excluding sweet, glutinous, or candy rice such as Mochi Gomi. Secretary means the Secretary of Agriculture of the United States, or a designee. Servicing FSA county office means the FSA office which is responsible for updating, processing and maintaining the records of a specific administrative county and the associated producers and applications thereof. Sharecropper means one who performs work in connection with the production of a crop under the supervision of the operator and who receives a share of such crop for its labor. Skip-row or strip-crop planting means a cultural practice in which strips or rows of the crop are alternated with strips of idle land or another crop. Socially disadvantaged farmer or rancher means a farmer or rancher who is a member of a socially disadvantaged group whose members have been subjected to racial, ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities. Socially disadvantaged groups include the following and no others unless approved in writing by the Deputy Administrator: (1) American Indians or Alaskan Natives, (2) Asians or Asian-Americans, (3) Blacks or African-Americans, (4) Hispanics or Hispanic-Americans, (5) Native Hawaiians or other Pacific Islanders, and (6) Women. Staking and referencing means determining an acreage before planting by: (1) Measuring or computing a delineated area from ground measurements and documenting the area measured; and, (2) Staking and referencing the area on the ground. Standard deduction means an acreage that is excluded from the gross acreage in a field because such acreage is considered as being used for farm equipment turn-areas. Such acreage is established by application of a prescribed percentage of the area planted to the crop in lieu of measuring the turn area. State committee means the FSA State committee. Subdivision means a part of a field that is separated from the balance of the field by temporary boundary, such as a cropline which could be easily moved or will likely disappear. Subsequent crop means a crop following an initial crop that is not in an approved double cropping combination. Tenant means: (1) One who rents land from another in consideration of the payment of a specified amount of cash or amount of a commodity; or (2) One (other than a sharecropper) who rents land from another person in consideration of the payment of a share of the crops or proceeds therefrom. Tolerance means a prescribed amount within which the reported acreage and/or production may differ from the determined acreage and/or production and still be considered as correctly reported. Tract means a unit of contiguous land under one ownership located in one physical location (county), as defined in this part, which is operated as a farm, or part of a farm. Tract combination means the combining of two or more tracts if the tracts have common ownership and are contiguous. Tract division means the dividing of a tract into two or more tracts because of a change in ownership or operation. Turn-area means the area across the ends of crop rows which is used for operating equipment necessary to the production of a row crop (also called turn row, headland, or end row). United States means all 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any other territory or possession of the United States. Upland cotton means planted and stub cotton that is not considered extra long staple cotton, and that follows the standard planting and harvesting practices of the area and is produced from other than pure strain varieties of the Barbadense species, any hybrid thereof, or any other variety of cotton in which one or more of these varieties predominate. For program purposes, brown lint cotton is considered upland cotton. Veteran farmer or rancher means a farmer or rancher who has served in the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components and who: (1) Has not operated a farm or ranch; (2) Has operated a farm or ranch for not more than 10 years; or (3) Is a veteran (as defined as a person who served in the active duty or either active duty for training or inactive duty during which the individual was disabled, and who was discharged or released therefrom under conditions other than dishonorable) who has first obtained status as a veteran during the most recent 10-year period. Wheat means wheat for feed or dual purpose variety that follows the standard planting and harvesting practice of wheat for the area in which the wheat is grown." 7:7:7.1.1.2.6.1.1.3,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,A,Subpart A—General Provisions,,§ 718.3 State committee responsibilities.,FSA,,,"[61 FR 37552, July 18, 1996, as amended at 80 FR 41994, July 16, 2015]","(a) The State committee shall, with respect to county committees: (1) Take any action required of the county committee, which the county committee fails to take in accordance with this part; (2) Correct or require the county committee to correct any action taken by such committee, which is not in accordance with this part; or (3) Require the county committee to withhold taking any action which is not in accordance with this part. (b) The State committee shall submit to the Deputy Administrator requests to deviate from deductions prescribed in § 718.109, or the error amount or percentage for refunds of redetermination costs as prescribed in § 718.112." 7:7:7.1.1.2.6.1.1.4,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,A,Subpart A—General Provisions,,§ 718.4 Authority for farm entry and providing information.,FSA,,,"[68 FR 16172, Apr. 3, 2003, as amended at 84 FR 45886, Sept. 3, 2019]","(a) This section applies to all farms that have a tobacco allotment or quota under part 723 of this chapter and all farms that are currently participating in programs administered by FSA. (b) A representative of FSA may enter any farm that participates in an FSA or CCC program in order to conduct a farm inspection as defined in this part. A program participant may request that the FSA representative present written authorization for the farm inspection before granting access to the farm. If a farm inspection is not allowed within 30 days of written authorization: (1) All FSA and CCC program benefits for that farm shall be denied; (2) The person preventing the farm inspection shall pay all costs associated with the farm inspection; (3) The entire crop production on the farm will be considered to be in excess of the quota established for the farm; and (4) For tobacco, the farm operator must furnish proof of disposition of: (i) All tobacco which is in addition to the production shown on the marketing card issued with respect to such farm; and (ii) No credit will be given for disposing of excess tobacco other than that identified by a marketing card unless disposed of in the presence of FSA in accordance with § 718.109 of this part. (c) If a program participant refuses to furnish reports or data necessary to determine benefits in accordance with paragraph (a) of this section, or FSA determines that the report or data was erroneously provided through the lack of good faith, all program benefits relating to the report or data requested will be denied. (d) Program participants requesting program benefits as a beginning farmer or rancher, limited resource farmer or rancher, socially disadvantaged farmer or rancher, or veteran farmer or rancher must provide a certification of their status as a member of one of those groups as required by the applicable program provisions." 7:7:7.1.1.2.6.1.1.5,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,A,Subpart A—General Provisions,,§ 718.5 Rule of fractions.,FSA,,,,"(a) Fractions shall be rounded after completion of the entire associated computation. All mathematical calculations shall be carried to two decimal places beyond the number of decimal places required by the regulations governing each program. In rounding, fractional digits of 49 or less beyond the required number of decimal places shall be dropped; if the fractional digits beyond the required number of decimal places are 50 or more, the figure at the last required decimal place shall be increased by “1” as follows: (b) The acreage of each field or subdivision computed for tobacco and CCC disaster assistance programs shall be recorded in acres and hundredths of an acre, dropping all thousandths of an acre. The acreage of each field or subdivision computed for crops, except tobacco, shall be recorded in acres and tenths of an acre, rounding all hundredths of an acre to the nearest tenth." 7:7:7.1.1.2.6.1.1.6,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,A,Subpart A—General Provisions,,§ 718.6 Controlled substance.,FSA,,,"[72 FR 63284, Nov. 8, 2007, as amended at 84 FR 45886, Sept. 3, 2019]","(a) The following terms apply to this section: (1) USDA benefit means the issuance of any grant, contract, loan, or payment by appropriated funds of the United States. (2) Person means an individual. (b) Notwithstanding any other provision of law, any person convicted under Federal or State law of: (1) Planting, cultivating, growing, producing, harvesting, or storing a controlled substance in any crop year is ineligible during the crop year of conviction and the four succeeding crop years, for any of the following USDA benefits: (i) Any payments or benefits under part 1412 of this title; (ii) Any payments or benefits for losses to crops or livestock covered under disaster programs administered by FSA; (iii) Any price support loan available in accordance with part 1421 of this title; (iv) Any price support made under the Commodity Credit Corporation Charter Act; (v) A farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act or any other Act; (vi) Crop Insurance under the Federal Crop Insurance Act; (vii) A loan made or guaranteed under the Consolidated Farm and Rural Development Act or any other law administered by FSA's Farm Loan Programs. (2) Possession or trafficking of a controlled substance, is ineligible for any or all USDA benefits: (i) At the discretion of the court, (ii) To the extent and for a period of time the court determines. (c) If a person denied benefits under this section is a shareholder, beneficiary, or member of an entity or joint operation, benefits for which the entity or joint operation is eligible will be reduced, for the appropriate period, by a percentage equal to the total interest of the shareholder, beneficiary, or member." 7:7:7.1.1.2.6.1.1.7,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,A,Subpart A—General Provisions,,§ 718.7 Furnishing maps.,FSA,,,"[80 FR 41994, July 16, 2015]","(a) A reasonable number, as determined by FSA, of reproductions of photographs, mosaic maps, and other maps will be made available to the owner of a farm, an insurance company reinsured by the Federal Crop Insurance Corporation (FCIC), or a private party contractor performing official duties on behalf of FSA, CCC, and other USDA agencies. (b) For all others, reproductions will be made available at the rate FSA determines will cover the cost of making such items available." 7:7:7.1.1.2.6.1.1.8,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,A,Subpart A—General Provisions,,§ 718.8 Administrative county and servicing FSA county office.,FSA,,,"[84 FR 45886, Sept. 3, 2019]","(a) FSA farm records are maintained in an administrative county determined by FSA. Generally, a farm's administrative county is based on the physical location county of the farm. If all land on the farm is physically located in one physical location county, the farm's records will be administratively located in that physical location county. (b) In cases where there is no FSA office in the county in which the farm is physically located or where a servicing FSA county office is responsible for more than one administrative county, the farm records will be administratively located as specified in paragraph (a) of this section and with a servicing FSA county office that FSA as designated as responsible for that administrative county. (c) Farm operators and owners can conduct their farm's business in any FSA county office. FSA's designation of a farm's administrative county is based on where land of the farm is located as specified in paragraph (a) of this section or as might be required under paragraph (b) of this section. (d) Farm operators and owners can request a change to their servicing FSA county office and that request may necessitate a change to the farm's administrative county as specified in paragraph (a) or (b) of this section. If the requested servicing FSA county office is not responsible for and does not have an administrative county for the physical location of the farm according to paragraphs (a) or (b) of this section and FSA approves the request for change of servicing FSA county office, FSA will designate the administrative county for the farm from those available in the requested servicing FSA county office. (e) If a county contiguous to the county in which the farm is physically located in the same State does not have a servicing FSA county office, the farm will be administratively located by FSA in a contiguous county in another contiguous State that is convenient to the farm operator and owner. Requests for changes to a farm's servicing FSA county office, which may or may not result in a change to a farm's administrative county under this section, must be submitted to FSA by August 1 of each year for the change to take effect that calendar year. (f) When land on the farm is physically located in more than one county, the farm will be administered by a servicing FSA county office determined by FSA to be the administrative county responsibility for administration of programs for one or more of the physical counties involved in the farm's constitution. Paragraph (b), (c), or (d) of this section applies if changes occur to the servicing FSA county office and administrative county. (g) Farm operators and owners cannot request a change to a farm's administrative county. The operator and owner of a farm serviced by an FSA county office responsible for a farm's administrative county can request a change of servicing FSA county office to another FSA servicing county office in the same State by August 1 for the change to take effect that calendar year. Review and approval of any change to the servicing FSA county office is solely at the discretion of FSA. Requests for change in servicing FSA county office, which may or may not result in a change to a farm's administrative county, will be reviewed and approved by county committee if all the following can be determined to apply: (1) The requested change does not impact the constitution of a farm; (2) The requested change will not result in increased program eligibility or additional benefits for the farm's producers that would not be earned absent the change in servicing FSA county office and, if applicable, administrative county being made; and (3) The change is not to circumvent any of the provisions of other program regulations to which this part applies. (h) The State committee will submit all requests for exceptions from regulations specified in this section to the Deputy Administrator." 7:7:7.1.1.2.6.1.1.9,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,A,Subpart A—General Provisions,,§ 718.9 Signature requirements.,FSA,,,"[68 FR 16172, Apr. 3, 2003; 69 FR 250, Jan. 5, 2004, as amended at 80 FR 41995, July 16, 2015]","(a) When a program authorized by this chapter or chapter XIV of this title requires the signature of a producer, landowner, landlord, or tenant, then a spouse may sign all such FSA or CCC documents on behalf of the other spouse, except as otherwise specified in this section, unless such other spouse has provided written notification to FSA and CCC that such action is not authorized. The notification must be provided to FSA for each farm. (b) A spouse may not sign a document on behalf of the other spouse with respect to: (1) Program document required to be executed in accordance with part 3 of this title; (2) Easements entered into under part 1410 of this title; (3) Power of attorney; (4) Such other program documents as determined by FSA or CCC. (c) An individual; duly authorized officer of a corporation; duly authorized partner of a partnership; executor or administrator of an estate; trustee of a trust; guardian; or conservator may delegate to another the authority to act on their behalf with respect to FSA and CCC programs administered by USDA service center agencies by execution of a Power of Attorney, or such other form as approved by the Deputy Administrator. FSA and CCC may, at their discretion, allow the delegations of authority by other individuals through use of the Power of Attorney or such other form as approved by the Deputy Administrator. (d) Notwithstanding another provision of this regulation or any other FSA or CCC regulation in this title, a parent may execute documents on behalf of a minor child unless prohibited by a statute or court order. (e) Notwithstanding any other provision in this title, an authorized agent of the Bureau of Indian Affairs (BIA) of the United States Department of Interior may sign as agent for landowners with properties affiliated with or under the management or trust of the BIA. For collection purposes, such payments will be considered as being made to the persons who are the beneficiaries of the payment or may, alternatively, be considered as an obligation of all persons on the farm in general. In the event of a need for a refund or other claim may be collected, among other means, by other monies due such persons or the farm. (f) Documents that were previously acted on and approved by the FSA county office or county committee will not subsequently be determined inadequate or invalid because of the lack of signature authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature. However, FSA may require affirmation of the document by those parties deemed appropriate for an affirmation, as determined by the Deputy Administrator. Nothing in this paragraph relieves participants of any other program requirements." 7:7:7.1.1.2.6.2.1.1,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,B,Subpart B—Determination of Acreage and Compliance,,§ 718.101 Measurements.,FSA,,,"[84 FR 45887, Sept. 3, 2019]","(a) Measurement services include, but are not limited to, measuring land and crop areas, measuring quantities of farm-stored commodities, and appraising the yields of crops in the field when required for program administration purposes. The county committee will provide measurement service if the producer requests such service and pays the cost, except that measurement service is not available and will not be provided to determine total acreage or production of a crop when the request is made: (1) For acreage, after the established final reporting date for the applicable crop, unless a late filed report is accepted as provided in § 718.104; or (2) After the farm operator has furnished production evidence when required for program administration purposes except as provided in this subpart. (b) Except for measurements and determinations performed by FSA in accordance with late-filed acreage reports filed in accordance with § 718.104, when a producer requests, pays for, and receives written notice that measurement services have been furnished, the measured acreage is guaranteed to be correct and used for all program purposes for the current year even though an error is later discovered in the measurement." 7:7:7.1.1.2.6.2.1.10,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,B,Subpart B—Determination of Acreage and Compliance,,§ 718.110 Adjustments.,FSA,,,,"(a) The farm operator or other interested producer having excess tobacco acreage (other than flue-cured or burley) may adjust an acreage of the crop in order to avoid a marketing quota penalty if such person: (1) Notifies the county committee of such election within 15 calendar days after the date of mailing of notice of excess acreage by the county committee; and (2) Pays the cost of a farm inspection to determine the adjusted acreage prior to the date the farm visit is made. (b) The farm operator may adjust an acreage of tobacco (except flue-cured and burley) by disposing of such excess tobacco prior to the marketing of any of the same kind of tobacco from the farm. The disposition shall be witnessed by a representative of FSA and may take place before, during, or after the harvesting of the same kind of tobacco grown on the farm. However, no credit will be allowed toward the disposition of excess acreage after the tobacco is harvested but prior to marketing, unless the county committee determines that such tobacco is representative of the entire crop from the farm of the kind of tobacco involved." 7:7:7.1.1.2.6.2.1.11,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,B,Subpart B—Determination of Acreage and Compliance,,§ 718.111 Notice of measured acreage.,FSA,,,"[80 FR 41996, July 16, 2015]","(a) FSA will provide notice of measured acreage and mail it to the farm operator. This notice constitutes notice to all parties who have ownership, leasehold interest, or other interest in such farm. (b) [Reserved]" 7:7:7.1.1.2.6.2.1.12,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,B,Subpart B—Determination of Acreage and Compliance,,§ 718.112 Redetermination.,FSA,,,"[68 FR 16176, Apr. 3, 2003, as amended at 80 FR 41996, July 16, 2015]","(a) A redetermination of crop acreage, appraised yield, or farm-stored production for a farm may be initiated by the county committee, State committee, or Deputy Administrator at any time. Redetermination may be requested by a producer with an interest in the farm if the producer pays the cost of the redetermination. The request must be submitted to FSA within 5 calendar days after the initial appraisal of the yield of a crop, or before the farm-stored production is removed from storage. A redetermination will be undertaken in the manner prescribed by the Deputy Administrator. A redetermination will be used in lieu of any prior determination unless it is determined by the representative of the Deputy Administrator that there is good cause not to do so. (b) FSA will refund the payment of the cost for a redetermination when, because of an error in the initial determination: (1) The appraised yield is changed by at least the larger of: (i) Five percent or 5 pounds for cotton; (ii) Five percent or 1 bushel for wheat, barley, oats, and rye; or (iii) Five percent or 2 bushels for corn and grain sorghum; or (2) The farm stored production is changed by at least the smaller of 3 percent or 600 bushels; or (3) The acreage of the crop is: (i) Changed by at least the larger of 3 percent or 0.5 acre; or (ii) Considered to be within program requirements." 7:7:7.1.1.2.6.2.1.2,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,B,Subpart B—Determination of Acreage and Compliance,,§ 718.102 Acreage reports.,FSA,,,"[68 FR 16176, Apr. 3, 2003, as amended at 71 FR 13741, Mar. 17, 2006; 79 FR 74571, Dec. 15, 2014; 80 FR 41995, July 16, 2015]","(a) In order to be eligible for benefits, participants in the programs specified in paragraphs (b)(1) through (b)(6) of this section must submit accurate information annually as required by these provisions. (b)(1) Participants in programs for which eligibility for benefits is tied to base acres must report the acreage of fruits and vegetables planted for harvest on a farm enrolled in such program; (2) Participants in the programs governed by parts 1421 and 1427 of this title must report the acreage planted to a commodity for harvest for which a marketing assistance loan or loan deficiency payment is requested; (3) Participants in the programs governed by part 1410 of this title must report the intended use of land enrolled in such programs; (4) All participants in the programs governed by part 1437 of this title must report all acreage and intended use of the eligible crop in the country in which the producer has a share; (5) Participants in the programs governed by part 723 of this chapter and part 1464 of this title must report the acreage planted to tobacco by kind on all farms that have an effective allotment or quota greater than zero; (6) All participants in the programs governed by parts 1412, 1421, and 1427 of this title must report the use of all cropland on the farm. (7) All producers reporting acreage as prevented planted acreage or failed acreage must provide documentation that meets the provisions of § 718.103 to the FSA county office where the farm is administered. (c) The annual acreage reports required in paragraph (a) of this section must be filed with the county committee by the farm operator, farm owner, producer of the crop on the farm, or duly authorized representative by the final reporting date applicable to the crop as established by the Deputy Administrator. (d) Participants in programs to which this part is applicable must report all crops, in all counties, in which they have an interest. This includes crops on cropland and noncropland, including native or improved grass that will be hayed or grazed." 7:7:7.1.1.2.6.2.1.3,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,B,Subpart B—Determination of Acreage and Compliance,,§ 718.103 Prevented planted and failed acreage.,FSA,,,"[71 FR 13741, Mar. 17, 2006, as amended at 80 FR 41995, July 16, 2015; 84 FR 45887, Sept. 3, 2019]","(a) Prevented planting is the inability to plant an eligible crop with proper equipment during the planting period as a result of an eligible cause of loss, as determined by CCC. The eligible cause of loss that prevented the planting must have: (1) Occurred after a previous planting period for the crop; (2) Occurred before the final planting date for the crop in the applicable crop year or, in the case of multiple plantings, the harvest date of the first planting in the applicable planting period, and (3) Similarly affected other producers in the area, as determined by CCC. (b) FSA may approve acreage as “prevented planted acreage” if all other conditions for such approval are met and provided the conditions in paragraphs (b)(1) through (6) of this section are met. (1) Except as specified in paragraph (b)(2) of this section, producers must report the acreage, on forms specified by FSA, within 15 calendar days after the final planting date determined for the crop by FSA. (2) If the acreage is reported after the period identified in paragraph (b)(1) of this section, the application must be filed in time to permit: (i) The county committee or its authorized representative to make a farm visit to verify eligible disaster conditions that prevented the specified acreage or crop from being planted; or (ii) The county committee or its authorized representative the opportunity to determine, based on visual inspection, that the acreage or crop in question was affected by eligible disaster conditions such as damaging weather or other adverse natural occurrences that prevented the acreage or crop from being planted. (3) A farm visit to inspect the acreage or crop is required for all late-filed acreage reports where prevented planting credit is sought. Under no circumstance may acreage reported after the 15-day period referenced in paragraph (b)(1) of this section be deemed acceptable unless the criteria in paragraph (b)(2) of this section are met. State and county committees do not have the authority to waive the field inspection and verification provisions for late-filed reports. (4) All determinations made during field inspections must be documented on each late-filed acreage report, with results also recorded in county committee minutes to support the documentation. (5) The acreage must have been prevented from being planted as the result of a natural disaster and not a management decision. (6) The prevented planted acreage report was approved by the county committee. The county committee may disapprove prevented planted acreage credit if it is not satisfied with the documentation provided. (c) To receive prevented planted credit for acreage, the producer must show to the satisfaction of FSA that the producer intended to plant the acreage. Documentation supporting such intent includes documents related to field preparation, seed purchase, and any other information that shows the acreage could and would have been planted and harvested absent the natural disaster or eligible cause of loss that prevented the planting. (d) Prevented planted acreage credit will not be given to crops where the prevented-planted acreage was affected by drought, unless: (1) On the final planting date for non-irrigated acreage, the area that is prevented from being planted has insufficient soil moisture for germination of seed and progress toward crop maturity because of a prolonged period of dry weather, as determined by CCC; and (2) Prolonged precipitation deficiencies exceeded the D2 level as determined using the U.S. Drought Monitor; and (3) Verifiable information is collected from sources whose business or purpose it is to record weather conditions, as determined by CCC, and including but not limited to the local weather reporting stations of the U.S. National Weather Service. (e) Prevented planted acreage credit under this part applies to irrigated crops where the acreage was prevented from being planted due to a lack of water resulting from drought conditions or contamination by saltwater intrusion of an irrigation supply resulting from drought conditions if there was not a reasonable probability of having adequate water to carry out an irrigation practice. (f) Acreage ineligible for prevented planting coverage includes, but is not limited to, acreage: (1) With respect to which the planting history or conservation plans indicate it would remain fallow for crop rotation purposes; (2) Used for conservation purposes or intended to be or considered to have been left unplanted under any program administered by USDA, including the Conservation Reserve and Wetland Reserve Programs; (3) Not planted because of a management decision; (4) Affected by the containment or release of water by any governmental, public, or private dam or reservoir project, if an easement exists on the acreage affected for the containment or release of water; (5) Where any other person receives a prevented planted payment for any crop for the same crop year, unless the acreage meets all the requirements for double cropping under this part; (6) Where pasture or other forage crop is in place on the acreage during the time that planting of the crop generally occurs in the area; (7) Where another crop is planted (previous or subsequent) that does not meet the double cropping definition; (8) Where any volunteer or cover crop is hayed, grazed, or otherwise harvested on the acreage for the same crop year; (9) Where there is an inadequate supply of irrigation water beginning on the Federal crop insurance sale closing date for the previous crop year or the Noninsured Crop Disaster Assistance Program (NAP) application closing date for the crop as specified in part 1437 of this title through the final planting date of the current year; (10) On which a failure or breakdown of irrigation equipment or facilities, unless the failure or breakdown is due to a natural disaster; (11) That is under quarantine imposed by a county, State, or Federal government agency; (12) That is affected by chemical or herbicide residue, unless the residue is due to a natural disaster; (13) That is affected by drifting herbicide; (14) On which a crop was produced, but the producer was unable to obtain a market for the crop; (15) Involving a planned planting of a “value loss crop” as that term is defined for NAP as specified in part 1437 of this title, including, but not limited to, Christmas trees, aquaculture, or ornamental nursery, for which NAP assistance is provided under value loss procedure; (16) For which the claim for prevented planted credit relates to trees or other perennials unless the producer can prove resources were available to plant, grow, and harvest the crop, as applicable; (17) That is affected by wildlife damage; (18) Upon which, the reduction in the water supply for irrigation is due to participation in an electricity buy-back program, or the sale of water under a water buy-back or legislative changes regarding water usage, or any other cause which is not a natural disaster; or (19) That is devoted to non-cropland. (g) CCC may allow exceptions to acreage ineligible for prevented planting coverage when surface water or ground water is reduced because of a natural disaster (as determined by CCC). (h) Failed acreage is acreage that was planted with the proper equipment during the planting period but failed as a result of an eligible cause of loss, as determined by CCC. (i) To be approved by CCC as failed acreage the acreage must have been reported as failed acreage before disposition of the crop, and the acreage must have been planted under normal conditions but failed as the result of a natural disaster and not a management decision. Producers who file a failed acreage report must have the request acted on by the county committee. The county committee will deny the acreage report if it is not satisfied with the documentation provided. (j) To receive failed acreage credit the producer must show all of the following: (1) That the acreage was planted under normal conditions using the proper equipment with the intent to harvest the acreage. (2) Provide documentation that the crop was planted using farming practices consistent for the crop and area, but could not be brought to harvest because of disaster-related conditions. (k) The eligible cause for failed acreage must have: (1) Occurred after the crop was planted, and (2) Before the normal harvest date for the crop in the applicable crop year or in the case of multiple plantings, the harvest date of the first planting in the applicable planting period, and (3) Other producers in the area were similarly affected as determined by CCC. (l) Eligible failed acreage will be determined on the basis of the producer planting the crop under normal conditions with the expectation to take the crop to harvest. (m) Acreage ineligible for failed acreage credit includes, but is not limited to acreage: (1) Which was planted using methods that could not be considered normal for the area and without the expectation of harvest; (2) Used for conservation purposes or intended to be or considered to have been un-harvested under any program administered by USDA, including the Conservation Reserve and Wetland Reserve Programs; or (3) That failed because of a management decision." 7:7:7.1.1.2.6.2.1.4,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,B,Subpart B—Determination of Acreage and Compliance,,§ 718.104 Late-filed and revised acreage reports.,FSA,,,"[71 FR 13742, Mar. 17, 2006, as amended as 80 FR 41996, July 16, 2015; 84 FR 45887, Sept. 3, 2019]","(a) Late-filed acreage reports may be accepted after the final reporting date through the crop's immediately subsequent crop year's final reporting date and processed by FSA if both of the following apply: (1) The crop or identifiable crop residue remains in the field, permitting FSA to verify and determine the acreage and (2) The crop acreage and common land unit for which the reported crop acreage report is being filed has not already been determined by FSA. (b) Acreage reports submitted later than the date specified in paragraph (a) of this section will not be processed by FSA and will not be used for program purposes. (c) The person or legal entity filing a report late must pay the cost of a farm inspection and measurement unless FSA determines that failure to report in a timely manner was beyond the producer's control. The cost of the inspection and measurement is equal to the amount FSA would charge for measurement service; however, FSA's determination of acreage as a result of the inspection and measurement is not considered a paid for measurement service under § 718.101. The acreage measured will be entered as determined acres. (d) When an acceptable late-filed acreage report is filed in accordance with this section, the reported crop acreage will be entered for the amount that was actually reported to FSA before FSA determined acres, and the determined crop acreage will be entered as it was determined and established by FSA. (e) Revised acreage reports may be filed to change the acreage reported if: (1) The acreage has not already been determined by FSA; and (2) Actual crop or residue is present in the field. (f) Revised reports will be filed and accepted: (1) At any time for all crops if the crop or residue still exists in the field for inspection to verify the existence and use made of the crop, the lack of the crop, or a disaster condition affecting the crop; and (2) If the producer was in compliance with all other program requirements at the reporting date." 7:7:7.1.1.2.6.2.1.5,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,B,Subpart B—Determination of Acreage and Compliance,,§ 718.105 Tolerances and adjustments.,FSA,,,"[68 FR 16176, Apr. 3, 2003, as amended at 80 FR 41996, July 16, 2015; 84 FR 45887, Sept. 3, 2019]","(a) Tolerance is the amount by which the determined acreage for a crop may differ from the reported acreage or allotment for the crop and still be considered in compliance with program requirements under §§ 718.102(b)(1), (b)(3) and (b)(5). (b) Tolerance rules apply to those fields for which a staking and referencing was performed but such acreage was not planted according to those measurements or when a measurement service is not requested for acreage destroyed to meet program requirements. (c) Tolerance rules do not apply to: (1) Program requirements of §§ 718.102(b)(2), (b)(4) and (b)(6); (2) Official fields upon which the entire field is devoted to one crop; (3) Those fields for which staking and referencing was performed and such acreage was planted according to those measurements; or (4) The adjusted acreage for farms using measurement after planting which have a determined acreage greater than the marketing quota crop allotment. (d) If the acreage report for a crop is outside the tolerance for that crop: (1) FSA may consider the requirements of §§ 718.102 (b)(1), (b)(3) and (b)(5) not to have been met; (2) Participants may be ineligible for all or a portion of payments or benefits subject to the requirements of §§ 718.102 (b)(1), (b)(3) and (b)(5); and (3) Participants may be ineligible for all or a portion of payments or benefits under a program that requires accurate crop acreage reports under rules governing the program." 7:7:7.1.1.2.6.2.1.6,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,B,Subpart B—Determination of Acreage and Compliance,,§ 718.106 Non-compliance and false acreage reports.,FSA,,,"[80 FR 41996, July 16, 2015]","(a) Participants who provide false or inaccurate acreage reports may be ineligible for some or all payments or benefits, subject to the requirements of § 718.102(b)(1) and (3). (b) [Reserved]" 7:7:7.1.1.2.6.2.1.7,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,B,Subpart B—Determination of Acreage and Compliance,,§ 718.107 Acreages.,FSA,,,,"(a) If an acreage has been established by FSA for an area delineated on an aerial photograph or within a GIS, such acreage will be recognized by the county committee as the acreage for the area until such time as the boundaries of such area are changed. When boundaries not visible on the aerial photograph are established from data furnished by the producer, such acreage shall not be recognized as official acreage until an authorized representative of FSA verifies the boundaries. (b) Measurements of any row crop shall extend beyond the planted area by the larger of 15 inches or one-half the distance between the rows. (c) The entire acreage of a field or subdivision of a field devoted to a crop shall be considered as devoted to the crop subject to a deduction or adjustment except as otherwise provided in this part." 7:7:7.1.1.2.6.2.1.8,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,B,Subpart B—Determination of Acreage and Compliance,,§ 718.108 Measuring acreage including skip row acreage.,FSA,,,,"(a) When one crop is alternating with another crop, whether or not both crops have the same growing season, only the acreage that is actually planted to the crop being measured will be considered to be acreage devoted to the measured crop. (b) Subject to the provisions of this paragraph and section, whether planted in a skip row pattern or without a pattern of skipped rows, the entire acreage of the field or subdivision may be considered as devoted to the crop only where the distance between the rows, for all rows, is 40 inches or less. If there is a skip that creates idle land wider than 40 inches, or if the distance between any rows is more than 40 inches, then the area planted to the crop shall be considered to be that area which would represent the smaller of; a 40 inch width between rows, or the normal row spacing in the field for all other rows in the field—those that are not more than 40 inches apart. The allowance for individual rows would be made based on the smaller of actual spacing between those rows or the normal spacing in the field. For example, if the crop is planted in single, wide rows that are 48 inches apart, only 20 inches to either side of each row (for a total of 40 inches between the two rows) could, at a maximum, be considered as devoted as the crop and normal spacing in the field would control. Half the normal distance between rows will also be allowed beyond the outside planted rows not to exceed 20 inches and will reflect normal spacing in the field. (c) In making calculations under this section, further reductions may be made in the acreage considered planted if it is determined that the acreage is more sparsely planted than normal using reasonable and customary full production planting techniques. (d) The Deputy Administrator has the discretionary authority to allow row allowances other than those specified in this section in those instances in which crops are normally planted with spacings greater or less than 40 inches, such as in case of tobacco, or where other circumstances are present which the Deputy Administrator finds justifies that allowance. (e) Paragraphs (a) through (d) of this section shall apply with respect to the 2003 and subsequent crops. For preceding crops, the rules in effect on January 1, 2002, shall apply." 7:7:7.1.1.2.6.2.1.9,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,B,Subpart B—Determination of Acreage and Compliance,,§ 718.109 Deductions.,FSA,,,,"(a) Any contiguous area which is not devoted to the crop being measured and which is not part of a skip-row pattern under § 718.108 shall be deducted from the acreage of the crop if such area meets the following minimum national standards or requirements: (1) A minimum width of 30 inches; (2) For tobacco—three-hundredths (.03) acre. Turn areas, terraces, permanent irrigation and drainage ditches, sod waterways, non-cropland, and subdivision boundaries each of which is at least 30 inches in width may be combined to meet the 0.03-acre minimum requirement; or (3) For all other crops and land uses—one-tenth (.10) acre. Turn areas, terraces, permanent irrigation and drainage ditches, sod waterways, non-cropland, and subdivision boundaries each of which is at least 30 inches in width and each of which contain 0.1 acre or more may be combined to meet any larger minimum prescribed for a State in accordance with this subpart. (b) If the area not devoted to the crop is located within the planted area, the part of any perimeter area that is more than 217.8 feet (33 links) in width will be considered to be an internal deduction if the standard deduction is used. (c) A standard deduction of 3 percent of the area devoted to a row crop and zero percent of the area devoted to a close-sown crop may be used in lieu of measuring the acreage of turn areas." 7:7:7.1.1.2.6.3.1.1,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,C,"Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres",,§ 718.201 Farm constitution.,FSA,,,"[68 FR 16178, Apr. 3, 2003, as amended at 80 FR 41996, July 16, 2015; 84 FR 45887, Sept. 3, 2019]","(a) In order to implement FSA programs and monitor compliance with regulations, FSA must have records on what land is being farmed by a particular producer. This is accomplished by a determination of what land or group of lands “constitute” an individual unit or farm. Land that was properly constituted under prior regulations will remain so constituted until a reconstitution is required by paragraph (c) of this section. The constitution and identification of land as a “farm” for the first time and the subsequent reconstitution of a farm made thereafter will include all land operated by an individual entity or joint operation as a single farming unit except that it may not include: (1) Land under separate ownership unless the owners agree in writing or have previously agreed in writing and the labor, equipment, accounting system, and management are operated in common by the operator, but separate from other tracts; (2) Land under a lease agreement of less than 1 year duration; (3) Federally owned land unless it is rangeland on which no crops are planted and on which there are no crop base acres established; (4) State-owned wildlife lands unless the former owner has possession of the land under a leasing agreement; (5) Land constituting a farm that is declared ineligible to be enrolled in a program under the regulations governing the program; (6) For base acre crops, land located in counties that are not contiguous except where: (i) Counties are divided by a river; (ii) Counties do not share a common border because of a correction line adjustment; or (iii) The land is within 20 miles, by road, of other land that will be a part of the farming unit; (7) Land subject to either a default election or a valid election made under part 1412 of this title for each and all covered commodities constituted with land that has a different default election or valid election for each and all covered commodities, irrespective of whether or not any of the land has base acres; or (8) Land subject to an election of individual coverage under the Agriculture Risk Coverage Program (ARC-IC) in any State constituted with any land in another State. (b)(1) If all land on the farm is physically located in one county, the farm shall be administratively located in such county. If there is no FSA office in the county or the county offices have been consolidated, the farm shall be administratively located in the contiguous county most convenient for the farm operator. (2) If the land on the farm is located in more than one county, the farm shall be administratively located in either of such counties as the county committees and the farm operator agree. If no agreement can be reached, the farm shall be administratively located in the county where the principal dwelling is situated, or where the major portion of the farm is located if there is no dwelling. (c) A reconstitution of a farm either by division or by combination is required whenever: (1) A change has occurred in the operation of the land since the last constitution or reconstitution and as a result of such change the farm does not meet the conditions for constitution of a farm as specified in paragraph (a) of this section, except that no reconstitution will be made if the county committee determines that the primary purpose of the change in operation is to establish eligibility to transfer allotments subject to sale or lease, or increase the amount of program benefits received; (2) The farm was not properly constituted the previous time; (3) An owner requests in writing that the land no longer be included in a farm composed of tracts under separate ownership; (4) The county committee determines that the farm was reconstituted on the basis of false information; (5) The county committee determines that tracts included in a farm are not being operated as a single farming unit. (d) An owner can file a written request to have FSA reconstitute from original tracts areas that are less than 10 DCP cropland acres and less than 5 percent of the original tract, if such request is accompanied by sufficient data from which FSA can determine the political county and State of land in both the original tract and the proposed tract. Any owner-initiated requests for tract divisions for physical location will be performed and effective prospectively from date of request and approval by FSA. (e) Reconstitution shall not be approved if the county committee determines that the primary purpose of the reconstitution is to: (1) Circumvent the provisions of part 12 of this title; or (2) Circumvent any other chapter of this title." 7:7:7.1.1.2.6.3.1.2,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,C,"Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres",,§ 718.202 Determining the land constituting a farm.,FSA,,,,"(a) In determining the constitution of a farm, consideration shall be given to provisions such as ownership and operation. For purposes of this part, the following rules shall be applicable to determining what land is to be included in a farm. (b) A minor shall be considered to be the same owner or operator as the parent, court-appointed guardian, or other person responsible for the minor child, unless the parent or guardian has no interest in the minor's farm or production from the farm, and the minor: (1) Is a producer on a farm; (2) Maintains a separate household from the parent or guardian; (3) Personally carries out the farming activities; and (4) Maintains a separate accounting for the farming operation. (c) A minor shall not be considered to be the same owner or operator as the parent or court-appointed guardian if the minor's interest in the farming operation results from being the beneficiary of an irrevocable trust and ownership of the property is vested in the trust or the minor. (d) A life estate tenant shall be considered to be the owner of the property for their life. (e) A trust shall be considered to be an owner with the beneficiary of the trust; except a trust can be considered a separate owner or operator from the beneficiary, if the trust: (1) Has a separate and distinct interest in the land or crop involved; (2) Exercises separate responsibility for the separate and distinct interest; and (3) Maintains funds and accounts separate from that of any other individual or entity for the interest. (f) The county committee shall require specific proof of ownership. (g) Land owned by different persons of an immediate family living in the same household and operated as a single farming unit shall be considered as being under the same ownership in determining a farm. (h) All land operated as a single unit and owned and operated by a parent corporation and subsidiary corporations of which the parent corporation owns more than 50 percent of the value of the outstanding stock, or where the parent is owned and operated by subsidiary corporations, shall be constituted as one farm." 7:7:7.1.1.2.6.3.1.3,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,C,"Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres",,§ 718.203 County committee action to reconstitute a farm.,FSA,,,,"Action to reconstitute a farm may be initiated by the county committee, the farm owner, or the operator with the concurrence of the owner of the farm. Any request for a farm reconstitution shall be filed with the county committee." 7:7:7.1.1.2.6.3.1.4,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,C,"Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres",,§ 718.204 Reconstitution of base acres.,FSA,,,"[79 FR 57714, Sept. 26, 2014, as amended at 84 FR 45887, Sept. 3, 2019; 91 FR 1053, Jan. 12, 2026]","(a) Farms will be reconstituted in accordance with this subpart when it is determined that the land areas are not properly constituted and, to the extent practicable as determined by county committee, the reconstitution will be based on the facts and conditions existing at the time the change requiring the reconstitution occurred. (b) Reconstitutions will be effective for the fiscal year if initiated by August 1 of that year. Any reconstitution initiated after August 1 will not be effective for that year; it will be effective for the subsequent year. (c) The Deputy Administrator may approve an exception to permit a reconstitution initiated after August 1 to be effective for the same year, if FSA determines that the failure is due to administrative problems as determined by FSA at the local or national level. Producers have no right to seek an exception under this paragraph. When such situations exist, FSA will establish procedures under which reconstitutions will be accepted and when those reconstitutions will become effective." 7:7:7.1.1.2.6.3.1.5,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,C,"Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres",,"§ 718.205 Substantive change in farming operation, and changes in related legal entities.",FSA,,,,"(a) Land that is properly constituted as a farm shall not be reconstituted if: (1) The reconstitution request is based upon the formation of a newly established legal entity which owns or operates the farm or any part of the farm and the county committee determines there is not a substantive change in the farming operation; (2) The county committee determines that the primary purpose of the request for reconstitution is to: (i) Obtain additional benefits under one or more commodity programs; (ii) Avoid damages or penalties under a contract or statute; (iii) Correct an erroneous acreage report; or (iv) Circumvent any other program provisions. In addition, no farm shall remain as constituted when the county committee determines that a substantive change in the farming operation has occurred which would require a reconstitution, except as otherwise approved by the State committee with the concurrence of the Deputy Administrator. (b) In determining whether a substantive change has occurred with respect to a farming operation, the county committee shall consider factors such as the composition of the legal entities having an interest in the farming operation with respect to management, financing, and accounting. The county committee shall also consider the use of land, labor, and equipment available to the farming operations and any other relevant factors that bear on the determination. (c) Unless otherwise approved by the State committee with the concurrence of the Deputy Administrator, when the county committee determines that a corporation, trust, or other legal entity is formed primarily for the purpose of obtaining additional benefits under the commodity programs of this title, the farm shall remain as constituted, or shall be reconstituted, as applicable, when the farm is owned or operated by: (1) A corporation having more than 50 percent of the stock owned by members of the same family living in the same household; (2) Corporations having more than 50 percent of the stock owned by stockholders common to more than one corporation; or (3) Trusts in which the beneficiaries and trustees are family members living in the same household. (d) Application of the provisions of paragraph (c) of this section shall not limit or affect the application of paragraphs (a) and (b) of this section." 7:7:7.1.1.2.6.3.1.6,7,Agriculture,VII,B,718,PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS,C,"Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres",,"§ 718.206 Determining farms, tracts, and base acres when reconstitution is made by division.",FSA,,,"[80 FR 41997, July 16, 2015]","(a) The methods for dividing farms, tracts, and base acres are, in order of precedence: Estate, designation by landowner, cropland, and default. The proper method will be determined on a crop-by-crop basis. (b) The estate method for reconstitution is the pro-rata distribution of base acres for a parent farm among the heirs in settling an estate. If the estate sells a tract of land before the farm is divided among the heirs, the base acres for that tract will be determined according to paragraphs (c) through (e) of this section. (1) Base acres must be divided in accordance with a will, but only if the county committee determines that the terms of the will are such that a division can reasonably be made by the estate method. (2) If there is no will or the county committee determines that the terms of a will are not clear as to the division of base acres, the base acres will be apportioned in the manner agreed to in writing by all interested heirs or devisees who acquire an interest in the property for which base acres have been established. An agreement by the administrator or executor will not be accepted in lieu of an agreement by the heirs or devisees. (3) If base acres are not apportioned as specified in paragraph (b)(1) or (2) of this section, the base acres must be divided as specified in paragraph (d) or (e) of this section, as applicable. (c) If the ownership of a tract of land is transferred from a parent farm, the transferring owner may request that the county committee divide the base acres, including historical acreage that has been double cropped, between the parent farm and the transferred tract, or between the various tracts if the entire farm is sold to two or more purchasers. (1) If the county committee determines that base acres cannot be divided in the manner designated by the owner because the owner's designation does not meet the requirements of paragraph (c)(2) of this section, FSA will notify the owner and permit the owner to revise the designation to meet the requirements. If the owner does not furnish a revised designation of base acres within a reasonable time after such notification, or if the revised designation does not meet the requirements, the county committee will divide the base acres in a pro-rata manner in accordance with paragraph (d) or (e) of this section. (2) The landowner may designate a manner in which base acres are divided by filing a signed written memorandum of understanding of the designation of base acres with the county committee before the transfer of ownership of the land. Both the transferring owner and transferee must sign the written designation of base acres. (i) Within 30 days after a prescribed form, letter, or notice of base acres is issued by FSA following the reconstitution of a farm but before any subsequent transfer of ownership of the land, all owners in existence at time of the reconstitution request may seek a different manner of base acre designation by agreeing in writing by executing a form CCC-517 or other designated form. (ii) The landowner must designate the base acres that will be permanently reduced when the sum of the base acres exceeds the effective cropland plus double-cropped acres for the farm. (iii) When the part of the farm from which the ownership is being transferred was owned for less than 3 years, the designation by landowner method of designating base acres cannot be used unless the county committee determines that the primary purpose of the ownership transfer was other than to retain or to sell base acres. In the absence of such a determination, and if the farm contains land that has been owned for less than 3 years, the part of the farm that has been owned for less than 3 years will be considered as a separate farm and the base acres must be assigned to that farm in accordance with paragraph (d) or (e) of this section. Such apportionment will be made prior to any designation of base acres with respect to the part that has been owned for 3 years or more. (3) The designation by landowner method may be applied, at the owner's request, to land owned by an Indian Tribal Council that is leased to two or more producers for the production of any crop of a commodity for which base acres have been established. If the land is leased to two or more producers, an Indian Tribal Council may request that the county committee divide the base acres between the applicable tracts in the manner designated by the Council. The use of this method is not subject to the requirements specified in paragraph (c)(2) of this section. (d) The cropland method for reconstitution is the pro-rata distribution of base acres to the resulting tracts in the same proportion that each resulting tract bears to the cropland for the parent tract. This method of division will be used if paragraphs (b) and (c) of this section do not apply. (e) The default method for reconstitution is the separation of tracts from a farm with each tract maintaining the base acres attributed to the tract when the reconstitution is initiated. (f) Farm program payment yields calculated for the resulting farms of a division may be increased or decreased if the county committee determines the method used did not provide an equitable distribution considering available land, cultural operations, and changes in the type of farming conducted on the farm. Any increase in the farm program payment yield on a resulting farm will be offset by a corresponding decrease on another resulting farm of the division."