cfr_sections
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1,139 rows where agency = "CCC" sorted by section_id
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| 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 |
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| 7:7:10.1.2.1.1.1.342.1 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | A | Subpart A—General Provisions | § 1400.1 Applicability. | CCC | [79 FR 21096, Apr. 14, 2014, as amended at 80 FR 119, Jan. 2, 2015; 80 FR 78128, Dec. 16, 2015; 83 FR 49463, Oct. 2, 2018; 85 FR 52036, Aug. 24, 2020; 91 FR 1053, Jan. 12, 2026] | (a) This part, except as otherwise noted, is applicable to all of the following programs and any other programs as specified in individual program regulations of this chapter: (1) The Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) Programs, part 1412 of this chapter; (2) The Price Support programs in parts 1421, 1427, and 1434 of this chapter; (3) The Conservation Reserve Program (CRP), part 1410 of this chapter; (4) The Noninsured Crop Disaster Assistance Program (NAP), part 1437 of this chapter; (5) The Livestock Forage Disaster Program (LFP), Livestock Indemnity Program (LIP), and the Emergency Assistance for Livestock, Honey Bees and Farm-raised Fish Program (ELAP), part 1416 of this chapter; (6) The Tree Assistance Program (TAP), part 1416 of this chapter; (7) The Natural Resources Conservation Service (NRCS) conservation programs of this title including the Agricultural Management Assistance (AMA) program, Conservation Stewardship Program (CSP), Environmental Quality Incentives Program (EQIP), and Agricultural Conservation Easement Program (ACEP); and (8) The Emergency Conservation Program (ECP) and Emergency Forest Restoration Program (EFRP) in part 701 of this title. (9) Subparts C and G of this part do not apply to the programs listed in paragraphs (a)(3) through (8) of this section. (b) This part will apply to the programs specified in: (1) Paragraphs (a)(1), (2), (4), and (7) of this section on a crop year basis; (2) Paragraph (a)(3) of this section on a fiscal year basis; (3) Paragraphs (a)(5) and (6) of this section on a calendar year basis; (4) Paragraph (a)(7) of this section when funding is available; and (5) Paragraph (a)(8) of this section on a per disaster event basis. (c) This part will be used to determine the manner in which payments will be attributed to persons and legal entities for the payment limitations provided in this section and to other programs as specified in individual program regulations in this chapter. (d) Where more than one provision of this … | |||
| 7:7:10.1.2.1.1.1.342.10 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | A | Subpart A—General Provisions | § 1400.10 Notification of interests. | CCC | [87 FR 1890, Jan. 11, 2023] | (a) To facilitate administration of subparts B, C, E, and F of this part for programs specified in § 1400.1, or any other program as provided in individual program regulations in this chapter, a person or legal entity must provide information in the manner as prescribed by the Deputy Administrator. (b) The information required to be submitted under paragraph (a) of this section must include: (1) The name, address, valid taxpayer identification number, and ownership share of each person, or the name, address, valid taxpayer identification number, and ownership share of each legal entity, that holds or acquires an ownership interest in the legal entity; and (2) The name, address, valid taxpayer identification number, and ownership share of each legal entity in which the person or legal entity holds an ownership interest. (c) Except as provided in paragraph (d) of this section, payments to a legal entity will be reduced in proportion to a member's ownership share when a valid taxpayer identification number for a person or legal entity that holds a direct or indirect ownership interest of less than 10 percent at, or above the fourth level of ownership in the business structure is not provided to USDA. Additionally, A legal entity will not be eligible to receive payment when a valid taxpayer identification number for a person or legal entity that holds a direct or indirect ownership interest of 10 percent or greater at, or above the fourth level of ownership in the business structure is not provided to USDA. (d) In order to be eligible to receive any payment specified in § 1400.1(a)(7) or as provided by the Natural Resources Conservation Service in individual program regulations in this chapter, a person or legal entity must provide information in the manner as prescribed by the Deputy Administrator as identified in paragraph (b) of this section. Paragraph (c) of this section does not apply to the identified Natural Resources Conservation Service programs (programs specified in § 1400.1(a)(7) or any other Natural… | |||
| 7:7:10.1.2.1.1.1.342.2 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | A | Subpart A—General Provisions | § 1400.2 Administration. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 899, Jan. 7, 2010; 80 FR 78128, Dec. 16, 2015; 85 FR 52036, Aug. 24, 2020] | (a) The regulations in this part will be administered under the general supervision and direction of the Executive Vice President, Commodity Credit Corporation (CCC), and the Administrator, Farm Service Agency (FSA). In the field, the regulations in this part will be administered by the FSA State and county committees (referred to as “State committee” and “county committee,” respectively). (b) State executive directors, county executive directors, and State and county committees do not have authority to modify or waive any of the provisions of this part. (c) The State committee may take any action authorized or required by this part to be taken by the county committee that has not been taken by the county committee. The State committee may also: (1) Correct or require a county committee to correct any action taken by the 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. (d) No delegation in this part to a State or county committee precludes the Executive Vice President, CCC, and the Administrator, FSA, or a designee, from determining any question arising under this part or from reversing or modifying any determination made by a State or county committee. (e) Benefits from programs subject to this part may not be issued until all required forms and necessary payment eligibility and payment limitation determinations are made. (f) The initial payment eligibility determinations will be made within 60 days after the required forms and any other supporting documentation needed in making the determinations are received in the county FSA office. If the determination is not made within 60 days, the producer will receive a determination for that program year that reflects the determination sought by the producer unless the Deputy Administrator determines that the producer did not follow the farm operating plan that was presented to the county or State committee for the applicable year. (g) Initial deter… | |||
| 7:7:10.1.2.1.1.1.342.3 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | A | Subpart A—General Provisions | § 1400.3 Definitions. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 79 FR 21097, Apr. 14, 2014; 85 FR 52037, Aug. 24, 2020; 85 FR 73602, Nov. 19, 2020; 91 FR 1054, Jan. 12, 2026] | (a) The terms defined in part 718 of this title are applicable to this part and all documents issued in accordance with this part, except as otherwise provided in this section. (b) The following definitions are also applicable to this part: Active personal management means personally providing and participating in activities considered critical to the profitability of the farming operation and performed under one or more of the following categories: (1) Capital, which includes: (i) Arranging financing and managing capital; (ii) Acquiring equipment; (iii) Acquiring land or negotiating leases; (iv) Managing insurance; and (v) Managing participation in USDA programs; (2) Labor, which includes hiring and managing of hired labor; and (3) Agronomics and marketing, which includes: (i) Selecting crops and making planting decisions; (ii) Acquiring and purchasing crop inputs; (iii) Managing crops (that is, whatever managerial decisions are needed with respect to keeping the growing crops living and healthy—soil fertility and fertilization, weed control, insect control, irrigation if applicable) and making harvest decisions; and (iv) Pricing and marketing of crop production. Administrator means the Administrator of the Farm Service Agency including any designee of the Administrator. Alien means any person not a citizen or national of the United States. Attribution means the combination of any payment made directly to a person or legal entity with the person's or legal entity's pro rata direct and indirect interest in payments received by a legal entity, joint venture, or general partnership. Average Adjusted Gross Income means the average of the adjusted gross income as defined under 26 U.S.C. 62 or comparable measure of the person or legal entity over the 3 taxable years preceding the most immediately preceding complete taxable year. Capital means the funding provided by a person or legal entity to the farming operation for the operation to conduct farming activities. In determining whether a perso… | |||
| 7:7:10.1.2.1.1.1.342.4 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | A | Subpart A—General Provisions | § 1400.4 Indian Tribe. | CCC | Provisions of this part do not apply to Indian tribes as defined in § 1400.3. | ||||
| 7:7:10.1.2.1.1.1.342.5 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | A | Subpart A—General Provisions | § 1400.5 Denial of program benefits. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52038, Aug. 24, 2020] | (a) All or any part of a payment otherwise due a person or legal entity on all farms in which the person or legal entity has an interest may be withheld or be required to be refunded if the person or legal entity fails to comply with the provisions of this part. (b) All or any part of a payment otherwise due a person or legal entity on all farms in which the person or legal entity has an interest may be withheld or be required to be refunded if the person or legal entity fails to comply with the provisions of this part and adopts or participates in adopting a scheme or device designed to evade this part, or that has the effect of evading this part. Examples of acts may include, but are not limited to: (1) Concealing information that affects the application of this part; (2) Submitting false or erroneous information; or (3) Creating a business arrangement using rental agreements and other arrangements to conceal the interest of a person or legal entity in a farm or farming operation for the purpose of obtaining program payments the person or legal entity would otherwise not be eligible to receive. Examples of business arrangements or acts include, but are not limited to the following: (i) No crops are grown or agricultural commodities produced by the represented operation; (ii) The represented operation has no appreciable assets; (iii) The only source of capital for the operation is the program payments; or (iv) The represented operation exists only for the receipt of program payments. (c) If the Deputy Administrator determines that a person or legal entity has adopted a scheme or device to evade, or that has the purpose of evading, the provisions of 7 U.S.C. 1308, 1308-1, or 1308-3, as amended, the person or legal entity will be ineligible to receive payments under the programs specified in § 1400.1 in the year the scheme or device was perpetrated or adopted and the succeeding year. (d) A person or legal entity that lies or perpetuates fraud, commits fraud, or participates in equally serious actions for… | |||
| 7:7:10.1.2.1.1.1.342.6 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | A | Subpart A—General Provisions | § 1400.6 Joint and several liability. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 899, Jan. 7, 2010; 85 FR 52038, Aug. 24, 2020] | (a) Any legal entity, including joint operations, and any member of a legal entity determined to have knowingly participated in a scheme or device, or other equally serious actions to evade the payment limitation provisions in this part, or that has the purpose of evading the provisions of this part, will be jointly and severally liable for any amounts determined to be payable as the result of the scheme or device, or other examples of equally serious actions mentioned in this section or in § 1400.5, including amounts necessary to recover the payments. (b) Any person or legal entity that cooperates in the enforcement of the payment limitation and payment eligibility provisions of this part may be partially or fully released from liability, as determined by the Executive Vice President, CCC. (c) The provisions of this section will be applicable in addition to any liability that arises under a criminal or civil statute. | |||
| 7:7:10.1.2.1.1.1.342.7 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | A | Subpart A—General Provisions | § 1400.7 Revocable trust. | CCC | [85 FR 52038, Aug. 24, 2020] | A revocable trust and the grantor will be considered to be the same person under this part. | |||
| 7:7:10.1.2.1.1.1.342.8 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | A | Subpart A—General Provisions | § 1400.8 Equitable treatment. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52038, Aug. 24, 2020] | (a) Actions taken by a person or legal entity in good faith based on action or advice of an authorized representative of the Administrator may be accepted as meeting the requirements of this part to the extent the Administrator deems necessary to provide fair and equitable treatment to the person or legal entity. (b) Actions taken by a person or legal entity in good faith based on action or advice of an authorized representative of the NRCS Chief may be accepted as meeting the requirements of this part to the extent the NRCS Chief deems necessary to provide fair and equitable treatment to the person or legal entity. | |||
| 7:7:10.1.2.1.1.1.342.9 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | A | Subpart A—General Provisions | § 1400.9 Appeals. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52038, Aug. 24, 2020] | (a) A person or legal entity may obtain reconsideration and review of determinations made under this part in accordance with the appeal regulations set forth in part 780 of this title. With respect to the appeals, the applicable reviewing authority will: (1) Schedule a hearing with respect to the appeal within 45 days following receipt of the written appeal and (2) Issue a determination within 60 days following the hearing. (b) The time limitations provided in paragraph (a) will not apply if: (1) The appellant, or the appellant's representative, requests a postponement of the scheduled hearing; (2) The appellant, or the appellant's representative, requests additional time following the hearing to present additional information or a written closing statement; (3) The appellant has not timely presented information to the reviewing authority; or (4) An investigation by the Office of Inspector General is ongoing or a court proceeding is involved that affects the amount of payments a person may receive. (c) If the deadlines provided in paragraphs (a) and (b) of this section are not met, the relief sought by the producer's appeal will be granted for the applicable crop year unless the Deputy Administrator determines that the producer did not follow the farm operating plan initially presented to the county committee for the year that is the subject of the appeal. (d) An appellant may waive the provisions of paragraphs (a) and (b) of this section. | |||
| 7:7:10.1.2.1.1.2.342.1 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | B | Subpart B—Payment Limitation | § 1400.100 [Reserved] | CCC | |||||
| 7:7:10.1.2.1.1.2.342.2 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | B | Subpart B—Payment Limitation | § 1400.101 Minor children. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 899, Jan. 7, 2010; 85 FR 52038, Aug. 24, 2020] | (a) Except as provided in paragraph (b) of this section, payments received by a child under 18 years of age as of June 1 of the applicable crop, program, or fiscal year, including the person who is the beneficiary of a trust or who is an heir of an estate, will be attributed for the entire crop, program, or fiscal year to the parent receiving the greater amount of program payments subject to this part or to any court-appointed person such as a guardian or conservator who is responsible for the minor. (b) Payments received by a minor will not be attributed to the minor's parent or to any court-appointed person such as a guardian or conservator who is responsible for the minor if all of the following apply: (1) The minor is a producer on a farm and the minor's parents or any court-appointed person such as guardian or conservator who is responsible for the minor, does not have any interest in the farm; (2) The minor has established and maintains a separate household from the minor's parents or any court-appointed person such as a guardian or conservator who is responsible for the minor, and the minor personally carries out the farming activities with respect to the minor's farming operation for which there is a separate accounting; and (3) The minor does not live in the same household as the minor's parents and: (i) Is represented by a court-appointed guardian or conservator who is responsible for the minor and (ii) Ownership of the farm is vested in the minor. (c) A person will be considered to be a minor until the age 18 is reached. Court proceedings conferring majority on a person under 18 years of age will not change the person's status as a minor. | |||
| 7:7:10.1.2.1.1.2.342.3 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | B | Subpart B—Payment Limitation | § 1400.102 States, political subdivisions, and agencies thereof. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 899, Jan. 7, 2010; 85 FR 52038, Aug. 24, 2020] | (a) A State, political subdivision, and agency thereof, is not eligible for payments or benefits under programs specified in § 1400.1, unless the exception provided in paragraph (b) of this section applies. (b) Subject to the limitation in paragraph (c) of this section, a State, political subdivision, and any agency thereof, may receive payments or benefits under programs specified in § 1400.1(a)(1) if both of the following apply: (1) The land for which payments are received is owned by the State, political subdivision, or agency thereof and (2) The payments are used solely for the support of public schools; (c) The total payments described in paragraph (b) of this section cannot exceed $500,000 annually except for States with a population less than 1,500,000, as established by the most recent U.S. Census Bureau annual estimate of the State's resident population. | |||
| 7:7:10.1.2.1.1.2.342.4 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | B | Subpart B—Payment Limitation | § 1400.103 Charitable organizations. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52038, Aug. 24, 2020] | (a) A charitable organization, including a club, society, fraternal organization, or religious organization will be considered a separate legal entity for payment limitation purposes to the extent that the entity is independently engaged in the production of crops, agricultural commodities, or livestock, except where the land or the proceeds from the farming operation may transfer to a legal entity that exercises control or authority over the organization. (b) If the land or the proceeds from the farming operation may transfer to a legal entity that exercises control or authority over the charitable organization, payments to the charitable organization will be attributed to the parent organization. | |||
| 7:7:10.1.2.1.1.2.342.5 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | B | Subpart B—Payment Limitation | § 1400.104 Changes in farming operations. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 899, Jan. 7, 2010; 85 FR 52038, Aug. 24, 2020] | (a) Any change in a farming operation that would increase the number of persons to which the provisions of this part apply must be bona fide and substantive. If bona fide, the following will be considered to be a substantive change in the farming operation: (1) The addition of a family member to a farming operation in accordance with § 1400.208, except that the addition will not affect the status of any other person or legal entity that is added to the farming operation; or (2) With respect to a landowner only, a change from a cash rent to a share rent; or (3) An increase through the acquisition of land used for agricultural production not previously involved in the farming operation of at least 20 percent or more in the total land involved in the farming operation. (i) For the purpose of payment limitations, the increase in agricultural land will be considered an applicable bona fide and substantive change for the increase of only one person or legal entity to the farming operation, unless; (ii) A representative of the State FSA office determines, based on the magnitude and complexity of the change represented, the increase in agricultural land supports additional persons or legal entities to the farming operation; or (4) A change in ownership by sale or gift of equipment from a person or legal entity previously engaged in a farming operation to a person or legal entity that has not been involved in the operation. The sale or gift of equipment will be considered to be bona fide and substantive only if: (i) The transferred amount of the equipment is commensurate with the new person's or legal entity's share of the farming operation; (ii) The sale or gift of the equipment was based on the equipment's fair market value; (iii) The former owner of the equipment has no direct or indirect control over the equipment; (iv) The transaction was not financed by the former owner; and (v) Preference was not given to the former owner to re-purchase the equipment at a later date; or (5) A change in ownership by sale… | |||
| 7:7:10.1.2.1.1.2.342.6 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | B | Subpart B—Payment Limitation | § 1400.105 Attribution of payments. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 900, Jan. 7, 2010; 85 FR 52039, Aug. 24, 2020] | (a) A payment made directly to a person or legal entity will be combined with the pro rata interest of the person or legal entity in payments received by a legal entity in which the person or legal entity has a direct or indirect ownership interest, unless the payments of the legal entity have been reduced by the pro rata share of the person or legal entity. (b) A payment made to a legal entity will be attributed to those persons who have a direct and indirect ownership interest in the legal entity, unless the payment of the legal entity has been reduced by the pro rata share of the person. (c) Attribution of payments made to legal entities will be tracked through four levels of ownership in legal entities as follows: (1) First level of ownership—any payment made to a legal entity that is owned in whole or in part by a person will be attributed to the person in an amount that represents the direct ownership interest in the first-tier or payment legal entity; (2)(i) Second level of ownership—any payment made to a first-tier legal entity that is owned in whole or in part by another legal entity (referred to as a second-tier legal entity) will be attributed to the second-tier legal entity in proportion to the ownership of the second-tier legal entity in the first-tier legal entity; (ii) If the second-tier legal entity is owned in whole or in part by a person, the amount of the payment made to the first-tier legal entity will be attributed to the person in the amount that represents the indirect ownership in the first-tier legal entity by the person. (3) Third and fourth levels—except as provided in paragraph (2)(ii) of this section, any payments made to a legal entity at the third and fourth tiers of ownership will be attributed in the same manner as specified in paragraph (2)(i) of this section. (4) Fourth-tier ownership—if the fourth-tier of ownership is that of a legal entity and not that of a person, a reduction in payment will be applied to the first-tier or payment legal entity in the amount that repres… | |||
| 7:7:10.1.2.1.1.2.342.7 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | B | Subpart B—Payment Limitation | § 1400.106 Payment limits. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 900, Jan. 7, 2010; 85 FR 52039, Aug. 24, 2020; 91 FR 1054, Jan. 12, 2026] | (a) Direct or indirect payments made to a person or legal entity will not exceed the amounts specified in subpart A of this part and will be determined in accordance with § 1400.105. (b) Payments made to a joint operation cannot exceed, for each payment specified in subpart A of this part, the amount determined by multiplying the maximum payment amount specified in subpart A of this part by the number of persons and legal entities, other than joint operations, that comprise the ownership of the joint operation. (c) Payments made to a legal entity will be reduced proportionately by an amount that represents the direct or indirect ownership in the legal entity by any person or legal entity that has otherwise reached the applicable maximum payment limitation. (d) The payment limitations described in items (1) and (2) of table 1 to § 1400.1(f) will be annually adjusted for inflation based on the CPI-U beginning with crop year 2025 according to the following: (1) On or about October 1 of each year, FSA reviews the CPI-U for the most recently available twelve-month period on the date of review; (2) FSA will average the CPI-U data and compare the average of the previous 12-month period to determine the percentage of inflation; (3) The result of paragraph (d)(2) of this section will be applied to the limitation specified in items (1) and (2) of table 1 to § 1400.1(f), as adjusted; and (4) The resulting adjusted limitation will be rounded to the nearest thousand. | |||
| 7:7:10.1.2.1.1.3.342.1 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.201 General provisions for determining whether a person or legal entity is actively engaged in farming. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52039, Aug. 24, 2020] | (a) To be considered eligible to receive payments with respect to a particular farming operation, a person or legal entity must be actively engaged in farming with respect to the operation. (b) Actively engaged in farming means, except as otherwise provided in this part, that the person or legal entity: (1) Independently and separately makes a significant contribution to a farming operation of: (i) Capital, equipment, or land, or a combination of capital, equipment, or land and (ii) Active personal labor or active personal management, or a combination of active personal labor and active personal management; (2) Has a share of the profits or losses from the farming operation commensurate with the person's or legal entity's contributions to the operation; and (3) Makes contributions to the farming operation that are at risk for a loss, with the level of risk being commensurate with the person's or legal entity's claimed share of the farming operation. (c) All of the following factors will be taken into consideration in determining if the person or legal entity is independently and separately contributing a significant amount of capital, equipment, or land, or a combination of capital, equipment, or land, to the farming operation: (1) A separate and distinct interest in the land, crop, and livestock involved in the farming operation; (2) The demonstration of separate and total responsibility for the interest in the land, crop, and livestock in the farming operation; and (3) All funds and business accounts of the farming operation are separate from that of any other person and legal entity. (d) In determining if the person or legal entity is independently and separately contributing a significant amount of active personal labor or active personal management, all of the following factors will be taken into consideration: (1) The types of crops and livestock produced by the farming operation; (2) The normal and customary farming practices of the area; (3) The total amount of labor and management necessary… | |||
| 7:7:10.1.2.1.1.3.342.10 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.210 Deceased and incapacitated persons. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52039, Aug. 24, 2020] | If the person dies or is incapacitated before a determination is made that the person is “actively engaged in farming,” the representative of the deceased person's estate or the incapacitated person, or other person if necessary, must provide the determining authority information to verify that the person did make a conscious effort to and would have been determined to be actively engaged in farming if not for the person's death or incapacitation. If the person dies or is incapacitated after being determined to be “actively engaged in farming,” the determining authority will allow the determination to be in effect for that program year or fiscal year, as applicable. However, the following year the person or the person's estate must meet all necessary requirements in order to be determined to be “actively engaged in farming” for that year. | |||
| 7:7:10.1.2.1.1.3.342.11 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.211 Persons and legal entities not considered to be actively engaged in farming. | CCC | Any person or legal entity that does not satisfy all of the applicable provisions of §§ 1400.201 through 1400.210 and a landowner who rents land to a farming operation for cash or a crop share guaranteed as to the amount of the commodity will not be considered to be actively engaged in farming with respect to the farming operation. | ||||
| 7:7:10.1.2.1.1.3.342.12 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.212 Growers of hybrid seed. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52039, Aug. 24, 2020] | The existence of a hybrid seed contract for a person or legal entity will not be taken into account when making an actively engaged in farming determination with respect to the person or legal entity. However, the person or legal entity must satisfy all other applicable provisions of this part. | |||
| 7:7:10.1.2.1.1.3.342.13 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.213 Military personnel. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52039, Aug. 24, 2020] | If a person is called to active duty in the military before a determination is made that the person is actively engaged in farming, the person may be considered to be actively engaged in farming if the determining authority determines that the person did make a conscious effort to, and would have been determined to be, actively engaged in farming if the person would not have been called to active duty. If the person is called to active duty after being determined to be actively engaged in farming, the determination will remain in effect for the program year. | |||
| 7:7:10.1.2.1.1.3.342.14 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.214 Cash rent tenants. | CCC | [85 FR 52040, Aug. 24, 2020] | (a) Any tenant that is actively engaged in farming in accordance with the provisions of this subpart and conducts a farming operation in which the tenant rents the land for cash, for a crop share guaranteed as to the amount of the commodity, or by any arrangement in which the tenant does not compensate the landlord by cash or a crop share, and receives benefits, with respect to the land under a program specified in § 1400.1(a)(1) and (2) will not be eligible to receive any payment with respect to the cash-rented land unless the tenant independently makes a significant contribution to the farming operation of: (1) Active personal labor; or (2) Significant contributions of both active personal management and equipment. (b) If the equipment is leased by the tenant from: (1) The landlord, then the lease must reflect the fair market value of the equipment leased with a payment schedule considered reasonable and customary for the area; or (2) The same person or legal entity that is providing hired labor to the farming operation, then the contracts for the lease of the equipment and for the hired labor must be two separate contracts. (c) If the equipment is leased by the tenant from the landlord, or from the same person or legal entity that is providing hired labor to the farming operation, then the tenant must exercise complete control over the leased equipment during the entire current crop year. Complete control is defined as exclusive access and use by the tenant. (d) If the cash rent tenant is a joint operation, then each member or their spouse must make a significant contribution of active personal labor or active personal management as specified in § 1400.203(a)(1)(ii) to be considered eligible for the member's share of the program payments received by the joint operation on the cash rented land. (e) If the cash rent tenant is a legal entity, then a significant contribution of active personal labor or active personal management must be made to the legal entity as specified in § 1400.204(a)(2) for the lega… | |||
| 7:7:10.1.2.1.1.3.342.2 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.202 Persons. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 900, Jan. 7, 2010; 85 FR 52039, Aug. 24, 2020] | (a) A person will be considered to be actively engaged in farming with respect to a farming operation if: (1) The person independently and separately makes a significant contribution to a farming operation of: (i) Capital, equipment, or land, or a combination of capital, equipment, or land and (ii) Active personal labor or active personal management, or a combination of active personal labor and active personal management; (2) Has a share of the profits or losses from the farming operation commensurate with the person's or legal entity's contributions to the operation; and (3) Makes contributions to the farming operation that are at risk for a loss, with the level of risk being commensurate with the person's or legal entity's claimed share of the farming operation. (b) If one spouse, or an estate of a deceased spouse, is determined to be actively engaged in farming as specified in paragraph (a) of this section, the other spouse is considered to have made a significant contribution, as specified in paragraph (a)(1)(ii) of this section, only to the same farming operation. (c) If a farming operation is conducted by a person, and the capital, land, or equipment is contributed by the person, the capital, land, or equipment: (1) To meet the requirements of paragraph (a)(1)(i) of this section, must be contributed directly by the person and must not be acquired as a result of a loan made to, guaranteed, co-signed, or secured by any other person, joint operation, or legal entity that has an interest in the farming operation; and (2) To meet the requirements of paragraphs (a)(2) and (a)(3) of this section, and if acquired as a loan made to, guaranteed, co-signed, or secured by the persons, joint operations, or legal entities, the loan must: (i) Bear the prevailing interest rate and (ii) Have a repayment schedule considered reasonable and customary for the area. | |||
| 7:7:10.1.2.1.1.3.342.3 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.203 Joint operations. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 900, Jan. 7, 2010; 85 FR 52039, Aug. 24, 2020] | (a) A member of a joint operation will be considered to be actively engaged in farming with respect to a farming operation if the member: (1) Makes a significant contribution of: (i) Capital, equipment, or land or a combination of capital, equipment, or land and (ii) Active personal labor or active personal management, or a combination of active personal labor and active personal management, and that are: (A) Performed on a regular basis, (B) Identifiable and documentable, and (C) Separate and distinct from the contributions of any other member of the farming operation; (2) Has a share of the profits or losses from the farming operation commensurate with the member's contributions to the operation; and (3) Makes contributions to the farming operation that are at risk for a loss, with the level of risk being commensurate with the member's claimed share of the farming operation. (b) For a farming operation conducted by a joint operation in which the capital, land, or equipment is contributed by the joint operation, the capital, land, or equipment: (1) To meet the requirements of paragraph (a)(1)(i) of this section, and if contributed directly by the joint operation, must not be acquired as a loan made to, guaranteed, co-signed, or secured by any person, legal entity, or other joint operation that has an interest in the farming operation; and (2) To meet the requirements of paragraphs (a)(2) and (3) of this section, and if acquired as a result of a loan made to, guaranteed, co-signed, or secured by the persons, legal entities, or joint operations with an interest in the operation, the loan must: (i) Bear the prevailing interest rate and (ii) Have a repayment schedule considered reasonable and customary for the area. (c) If a joint operation separately makes a significant contribution of capital, equipment, or land, or a combination of capital, equipment, or land, and the joint operation meets the provisions of § 1400.201(b)(2) and (3), the members of the joint operation who make a significant contribut… | |||
| 7:7:10.1.2.1.1.3.342.4 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.204 Limited partnerships, limited liability partnerships, limited liability companies, corporations, and other similar legal entities. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 900, Jan. 7, 2010; 85 FR 52039, Aug. 24, 2020] | (a) A limited partnership, limited liability partnership, limited liability company, corporation, or other similar legal entity will be considered to be actively engaged in farming with respect to a farming operation if: (1) The legal entity independently and separately makes a significant contribution to the farming operation of capital, equipment, or land, or a combination of capital, equipment, or land; (2) Each partner, stockholder, or member with an ownership interest or their spouse with an ownership interest makes a contribution, whether compensated or not compensated, of active personal labor, active personal management, or a combination of active personal labor and active personal management to the farming operation; that are: (i) Performed on a regular basis; (ii) Identifiable and documentable; and (iii) Separate and distinct from the contributions of any other partner, stockholder or member of the farming operation; (3) The collective contribution of the partners, stockholders and members is significant and commensurate; (4) The legal entity has a share of the profits or losses from the farming operation commensurate with the legal entity's contributions to the operation; and (5) The legal entity makes contributions to the farming operation that are at risk for a loss, with the level of risk being commensurate with the legal entity's claimed share of the farming operation. (b) If any partner, stockholder, or member fails to meet the requirements in paragraph (a)(2) of this section, any program payment and benefit subject to this subpart provided to the legal entity will be reduced by an amount commensurate with the ownership share held by that partner, stockholder, or member in the legal entity. (c) An exception to paragraph (b) of this section will apply if: (1) At least 50 percent of the stock is held by partners, stockholders, or members that are actively providing labor or management and (2) The partners, stockholders, or members are collectively receiving, directly or indirectly, total… | |||
| 7:7:10.1.2.1.1.3.342.5 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.205 Trusts. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 900, Jan. 7, 2010; 85 FR 52039, Aug. 24, 2020] | A trust will be considered to be actively engaged in farming with respect to a farming operation if: (a) The trust independently and separately makes a significant contribution to the farming operation of capital, equipment, or land, or a combination of capital, equipment, or land; (b) The income beneficiaries collectively make a significant contribution of active personal labor or active personal management, or a combination of active personal labor and active personal management to the farming operation. The combined interest of all the income beneficiaries providing active personal labor or active personal management, or a combination of active personal labor and active personal management, must be at least 50 percent; (c) The trust has a share of the profits or losses from the farming operation commensurate with the legal entity's contributions to the operation; (d) The trust makes contributions to the farming operation that are at risk for a loss, with the level of risk being commensurate with the legal entity's claimed share of the farming operation; (e) For a farming operation conducted by a trust in which the capital, land, or equipment is contributed by the trust, the capital, land, or equipment: (1) To meet the requirements of paragraph (a) of this section, must be contributed directly by the trust and must not be acquired as a loan made to, guaranteed, co-signed, or secured by any person, legal entity, or joint operation that has an interest in the farming operation, as defined in this part; and (2) To meet the requirements of paragraphs (c) and (d) of this section and if land, capital or equipment is acquired as a result of a loan made to, guaranteed, co-signed, or secured by the persons, legal entities, or joint operations as defined, the loan must: (i) Bear the prevailing interest rate; and (ii) Have a repayment schedule considered reasonable and customary for the area. (f) The trust has provided a tax identification number of the trust unless the trust is a revocable trust and the grantor… | |||
| 7:7:10.1.2.1.1.3.342.6 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.206 Estates. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 900, Jan. 7, 2010; 85 FR 52039, Aug. 24, 2020] | (a) For 2 program years after the program year in which a person dies, the person's estate will be considered to be actively engaged in farming if: (1) The estate, as a legal entity, makes a significant contribution of either: (i) Capital, equipment, or land or (ii) A combination of capital, equipment, or land; and (2) The personal representative or heirs of the estate collectively make a significant contribution of either: (i) Active personal labor or active personal management or (ii) The combination of active personal labor and active personal management; and (3) The estate has a share of the profits or losses from the farming operation commensurate with the legal entity's contributions to the operation; (4) The estate makes contributions to the farming operation that are at risk for a loss, with the level of risk being commensurate with the legal entity's claimed share of the farming operation; and (5) The representative of the estate has provided a tax identification number for the estate and a copy of a court order, will, or other legal document that identifies the heir(s) and tax identification number(s) of the heir(s). (b) For a farming operation conducted by an estate in which the capital, land, or equipment is contributed by the estate, the capital, land, or equipment: (1) To meet the requirements of paragraph (a) of this section, must be contributed directly by the estate and must not be acquired as a loan made to, guaranteed, co-signed, or secured by any person, legal entity, or joint operation that has an interest in the farming operation, as defined in this part; and (2) To meet the requirements of paragraphs (c)(3)and (a)(4) of this section, and if land, capital or equipment is acquired as a result of a loan made to, guaranteed, co-signed, or secured by the persons, legal entities, or joint operations as defined, the loan must: (i) Bear the prevailing interest rate; and (ii) Have a repayment schedule considered reasonable and customary for the area. (c) After the period set forth in … | |||
| 7:7:10.1.2.1.1.3.342.7 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.207 Landowners. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52039, Aug. 24, 2020] | (a) A person or legal entity that is a landowner, including landowners with an undivided interest in land, making a significant contribution of owned land to the farming operation, will be considered to be actively engaged in farming with respect to the owned land, if the landowner: (1) Receives rent or income for the use of the land based on the land's production or the operation's operating results; (2) Has a share of the profits or losses from the farming operation commensurate with the landowner's contributions to the operation; and (3) Makes contributions to the farming operation that are at risk for a loss, with the level of risk being commensurate with the landowner's claimed share of the farming operation. (b) A landowner also includes a member of a joint operation if the joint operation holds title to land in the name of the joint operation and if the joint operation or its members submit adequate documentation to determine that, upon dissolution of the joint operation, the title to the land owned by the joint operation will revert to the member of the joint operation. | |||
| 7:7:10.1.2.1.1.3.342.8 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.208 Family members. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52039, Aug. 24, 2020] | (a) Notwithstanding the provisions of §§ 1400.201 through 1400.206, with respect to a farming operation conducted by persons, a majority of whom are family members, an adult family member who makes a significant contribution of active personal labor, active personal management, or a combination of active personal labor and active personal management will be considered to be actively engaged in farming if the adult family member meets the provisions in paragraph (b) of this section. (b) An adult family member who elects to be considered actively engaged in farming under this section must: (1) Have a share of the profits or losses from the farming operation commensurate with the person's contributions to the operation and (2) Make contributions to the farming operation that are at risk for a loss, with the level of risk being commensurate with the person's claimed share of the farming operation. | |||
| 7:7:10.1.2.1.1.3.342.9 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | C | Subpart C—Payment Eligibility | § 1400.209 Sharecroppers. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52039, Aug. 24, 2020] | (a) Notwithstanding the provisions of §§ 1400.201 through 1400.206 of this part, with respect to a person who is a sharecropper, the person will be considered to be actively engaged in farming if the sharecropper meets the provisions of paragraph (b) of this section. (b) A sharecropper who elects to be considered actively engaged in farming under this section must: (1) Make a significant contribution of active personal labor to the farming operation; (2) Have a share of the profits or losses from the farming operation commensurate with the person's contribution to the operation; and (3) Make a contribution to the farming operation that is at risk for a loss, with the level of risk being commensurate with the person's claimed share of the farming operation. | |||
| 7:7:10.1.2.1.1.5.342.1 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | E | Subpart E—Foreign Persons | § 1400.401 Eligibility. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 19189, Apr. 14, 2010]; 85 FR 52040, Aug. 24, 2020] | (a) Subject to the conditions set out in paragraphs (b) and (c) of this section, any person who is not a citizen of the United States or an alien lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101-1778) will be ineligible to receive any type of loans or payments made available under Title I of the Food, Conservation, and Energy Act of 2008, the Agricultural Market Transition Act, the Commodity Credit Corporation Charter Act (15 U.S.C. 714-714o), or subtitle D of Title XII of the Food Security Act of 1985 (16 U.S.C. 3831-3836), or under any contract entered into under Title XII of that Act (16 U.S.C. 3801-3845), with respect to any commodity produced, or land set aside from production, on a farm that is owned or operated by the person, unless the person is an individual who is providing land, capital, and a substantial amount of personal labor in the production of crops on the farm. Likewise, and subject to the same conditions, such persons may be ineligible for payments under any other program which by its own regulations specifically provides for that ineligibility and adopts the regulations in this subpart. (b)(1) A corporation or other legal entity will be ineligible to receive payments, loans, and benefits if more than 10 percent of the ownership of the legal entity is held by persons who are not citizens of the United States or lawful aliens unless each foreign person who is a stockholder or other type of member provides a substantial amount of active personal labor in the production of crops on a farm owned or operated by the legal entity. However, upon the written request of the legal entity, the Deputy Administrator may make payments in an amount determined by the Deputy Administrator to be representative of the percentage interest of the legal entity that is owned by citizens of the United States and lawful aliens or foreign stockholders or other type of member who provide a significant contribution of active personal labor in the pr… | |||
| 7:7:10.1.2.1.1.5.342.2 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | E | Subpart E—Foreign Persons | § 1400.402 Notification. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52040, Aug. 24, 2020] | (a) Any legal entity, whether foreign or domestic, that executes a program contract or agreement under which a payment, loan, or benefit may be available must provide written notification to the county committee in the county where the legal entity conducts its farming operation if: (1) Any person, group of persons, legal entity, or group of legal entities holds more than a 10 percent interest in the legal entity; and (2) The person, group of persons, legal entity, or group of legal entities, in accordance with § 1400.401, are ineligible to receive a payment, loan, or benefit. (b) Written notification must include the name and social security number or taxpayer identification number of the a person or legal entity, if known, and of all persons and legal entities that hold an interest in the legal entity. (c) The failure of the legal entity to provide this information will result in the ineligibility of the legal entity to receive any payment, loan, or benefit. | |||
| 7:7:10.1.2.1.1.6.342.1 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | F | Subpart F—Average Adjusted Gross Income Limitation | § 1400.500 Applicability. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 79 FR 21097, Apr. 14, 2014; 85 FR 52040, Aug. 24, 2020] | (a) A person or legal entity, other than a joint venture or general partnership, will not be eligible to receive, directly or indirectly, certain program payments or benefits described in § 1400.1 if the average adjusted gross income of the person or legal entity exceeds $900,000 for the 3 taxable years preceding the most immediately preceding complete taxable year, as determined by the Deputy Administrator. (b) Determinations made under this subpart for conservation programs are: (1) Applicable starting with the 2015 fiscal year, except for AMA which is applicable with the 2014 fiscal year; (2) Based on the year for which the conservation program contract or agreement is approved; and (3) Applicable for the entire term of the subject agreement or contract. (c) Vendors that receive payment for technical services provided in conjunction with programs made subject to this subpart by regulation or statute, but who are not beneficiaries of the program, are not subject to this subpart for services that are of the type that are also performed by the Federal Government in connection with the programs. (d) Payments to an escrow agent, or other legal entity of similar capacity in which the recipient is maintaining temporary custody of the funds for eventual disbursement to an eligible program participant, are not subject to this subpart so long as the party ultimately receiving the payment is eligible under this subpart. (e) Payments to States, counties, political subdivisions and agencies thereof, and Indian tribes as defined in § 1400.3 are not subject to this subpart. (f) The Administrator or NRCS Chief may waive the limitation under this section on a case-by-case basis for the protection of environmentally sensitive land of special significance. A waiver request must be in writing and: (1) Show that use of conservation program funding on or adjacent to environmentally sensitive land of special significance is critical to the success of a project that provides conservation benefits to multiple producers or lan… | |||
| 7:7:10.1.2.1.1.6.342.2 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | F | Subpart F—Average Adjusted Gross Income Limitation | § 1400.501 Determination of average adjusted gross income. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 79 FR 21097, Apr. 14, 2014; 85 FR 50240, Aug. 24, 2020] | (a) Except as otherwise provided in this subpart, average adjusted gross income means: (1) For a person filing a separate tax return, the amount reported as “adjusted gross income” on the final federal income tax return for the person for the applicable tax year; (2) For a person filing a joint tax return, the amount reported as “adjusted gross income” on the final federal income tax return for the applicable tax year unless a certified statement is provided by a certified public accountant or attorney specifying the manner in which the income would have been declared and reported if the persons had filed two separate returns and that this calculation is consistent with the information supporting the filed joint return; (3) For a corporation, including a subchapter S corporation, the total reported “taxable income” as reported to the Internal Revenue Service plus the amount of the charitable contributions as reported on the final federal income tax return for the applicable tax year; (4) For a tax exempt legal entity, the “unrelated business taxable income” of the legal entity as reported to the Internal Revenue Service on the final federal income tax return, less any other income CCC determines to be from non-commercial activities; (5) For a limited liability company, limited partnership, limited liability partnership, or similar type of organization, the income from trade or business activities plus the amount of guaranteed payments to the members as reported to the Internal Revenue Service on the final federal income tax return for the applicable tax year; and (6) For an estate or trust, the adjusted total income plus charitable deductions as reported to the Internal Revenue Service on the final federal income tax return for the applicable tax year, or the amount of net increase in the estate's or trust's value resulting from its business or investment interests. (b) For purposes of applying this subpart and calculating the 3-year average referenced in § 1400.500, that average will be for the adjusted g… | |||
| 7:7:10.1.2.1.1.6.342.3 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | F | Subpart F—Average Adjusted Gross Income Limitation | § 1400.502 Compliance and enforcement. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 79 FR 21097, Apr. 14, 2014] | (a) To comply with the average adjusted gross income limitation, a person or legal entity, including all interest holders in a legal entity, general partnership, or joint venture, must provide annually the following as required by CCC: (1) A certification in the manner prescribed by CCC from a certified public accountant or attorney that the average adjusted gross income of the person or legal entity does not exceed the applicable limitation; (2) A certification from the person or legal entity that the average adjusted gross income of the person or legal entity does not exceed the applicable adjusted gross income limitations; (3) The relevant Internal Revenue Service documents and supporting financial data as requested by CCC. Supporting financial data may include State income tax returns, financial statements, balance sheets, reports prepared for or provided to another Government agency, information prepared for a private lender, and other credible information relating to the amount and source of the person's or legal entity's income; (4) Authorization for CCC to obtain tax data from the Internal Revenue Service for purposes of verification of compliance with this subpart. (b)(1) All persons and legal entities are subject to an audit by FSA of any information submitted in accordance with this subpart. As a part of this audit, income tax returns may be requested, and if requested, must be supplied by all related persons and legal entities. (2) In addition to any other requirement under any Federal statute, relevant Federal income tax returns and documentation must be retained a minimum of two years after the end of the calendar year corresponding to the year for which payments or benefits are requested. (c) Failure to comply with this subpart's requirements, will result in ineligibility for all program benefits subject to this subpart for the year or years subject to the request. | |||
| 7:7:10.1.2.1.1.6.342.4 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | F | Subpart F—Average Adjusted Gross Income Limitation | § 1400.503 Commensurate reduction. | CCC | [73 FR 79273, Dec. 29, 2008, as amended at 85 FR 52040, Aug. 24, 2020] | (a) Any program payment or benefit subject to this subpart provided to a legal entity, general partnership, or joint venture will be reduced by an amount commensurate with the direct and indirect ownership interest in the legal entity, general partnership, or joint venture of each person or legal entity determined to have an average adjusted gross income in excess of the applicable limitation under the standards provided elsewhere in this subpart for the direct recipient of the payments. (b) Ownership interest in a legal entity will be reviewed to the fourth level of ownership, as specified in § 1400.105, to determine whether a commensurate reduction is applicable and the extent of the reduction. If an ownership interest is not held by a person in the fourth level of ownership in a legal entity, no payment or benefit will be made with respect to the interest. | |||
| 7:7:10.1.2.1.1.7.342.1 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | G | Subpart G—Additional Payment Eligibility Provisions for Joint Operations and Legal Entities Comprised of Non-Family Members or Partners, Stockholders, or Persons With an Ownership Interest in the Farming Operation | § 1400.600 Applicability. | CCC | (a) This subpart is applicable to all of the programs as specified in § 1400.1 and any other programs as specified in individual program regulations. (b) The requirements of this subpart will apply to farming operations for FSA program payment eligibility and limitation purposes as specified in subparts B and C of this part. (c) The requirements of this subpart do not apply to farming operations specified in paragraph (b) of this section if either: (1) All persons who are partners, stockholders, or persons with an ownership interest in the farming operation or of any entity that is a member of the farming operation are family members as defined in § 1400.3; or (2) The farming operation is seeking to qualify only one person as making a significant contribution of active personal management, or a significant contribution of the combination of active personal labor and active personal management, for the purposes of qualifying only one person or entity as actively engaged in farming. | ||||
| 7:7:10.1.2.1.1.7.342.2 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | G | Subpart G—Additional Payment Eligibility Provisions for Joint Operations and Legal Entities Comprised of Non-Family Members or Partners, Stockholders, or Persons With an Ownership Interest in the Farming Operation | § 1400.601 Definitions. | CCC | [85 FR 73602, Nov. 19, 2020] | (a) The terms defined in § 1400.3 are applicable to this subpart and all documents issued in accordance with this part, except as otherwise provided in this section. (b) The following definitions are also applicable to this subpart: Active personal management means personally providing and participating in management activities considered critical to the profitability of the farming operation and performed under one or more of the following categories: (i) Capital, which includes: (A) Arranging financing and managing capital; (B) Acquiring equipment; (C) Acquiring land and negotiating leases; (D) Managing insurance; and (E) Managing participation in USDA programs; (ii) Labor, which includes hiring and managing of hired labor; and (iii) Agronomics and marketing, which includes: (A) Selecting crops and making planting decisions; (B) Acquiring and purchasing crop inputs; (C) Managing crops (that is, whatever managerial decisions are needed with respect to keeping the growing crops living and healthy—soil fertility and fertilization, weed control, insect control, irrigation if applicable) and making harvest decisions; and (D) Pricing and marketing of crop production. Significant contribution of active personal management means active personal management activities performed by a person, with a direct or indirect ownership interest in the farming operation, on a regular, continuous, and substantial basis to the farming operation, and meets at least one of the following to be considered significant: (i) Performs at least 25 percent of the total management hours required for the farming operation on an annual basis; or (ii) Performs at least 500 hours of management annually for the farming operation. Significant contribution of the combination of active personal labor and active personal management means a contribution of a combination of active personal labor and active personal management that: (i) Is critical to the profitability of the farming operation; (ii) Is performed on a regular, continu… | |||
| 7:7:10.1.2.1.1.7.342.3 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | G | Subpart G—Additional Payment Eligibility Provisions for Joint Operations and Legal Entities Comprised of Non-Family Members or Partners, Stockholders, or Persons With an Ownership Interest in the Farming Operation | § 1400.602 Restrictions on active personal management contributions. | CCC | [80 FR 78128, Dec. 16, 2015, as amended at 85 FR 52040, Aug. 24, 2020] | (a) If a farming operation includes any nonfamily members as specified under the provisions of § 1400.201(b)(2) and (3) and the farming operation is seeking to qualify more than one person as providing a significant contribution of active personal management, or a significant contribution of the combination of active personal labor and active personal management, then: (1) Each person must maintain contemporaneous records or logs as specified in § 1400.603; and (2) Subject to paragraph (b) of this section, if the farming operation seeks not more than one additional person to qualify as providing a significant contribution of active personal management, or a significant contribution of the combination of active personal labor and active personal management, because the operation is large, then the operation may qualify for one additional person if the farming operation: (i) Produces and markets crops on 2,500 acres or more of cropland; (ii) Produces honey with more than 10,000 hives; or (iii) Produces wool with more than 3,500 ewes; and (3) If the farming operation seeks not more than one additional person to qualify as providing a significant contribution of active personal management, or a significant contribution of the combination of active personal labor and active personal management, because the operation is complex, then the operation may qualify for one additional person if the farming operation is determined by the FSA state committee as complex after considering the factors described in paragraphs (a)(3)(i) and (ii) of this section. Any determination that a farming operation is complex by an FSA state committee must be reviewed and DAFP must concur with that determination for it to be implemented. To demonstrate complexity, the farming operation will be required to provide information to the FSA state committee on the following: (i) Number and type of livestock, crops, or other agricultural products produced and marketing channels used; and (ii) Geographical area covered. (b) FSA state committ… | |||
| 7:7:10.1.2.1.1.7.342.4 | 7 | Agriculture | XIV | A | 1400 | PART 1400—PAYMENT LIMITATION AND PAYMENT ELIGIBILITY | G | Subpart G—Additional Payment Eligibility Provisions for Joint Operations and Legal Entities Comprised of Non-Family Members or Partners, Stockholders, or Persons With an Ownership Interest in the Farming Operation | § 1400.603 Recordkeeping requirements. | CCC | (a) Any farming operation requesting that more than one person qualify as making a significant contribution of active personal management, or a significant contribution of the combination of active personal labor and active personal management, must maintain contemporaneous records or activity logs for all persons that make any contribution of any management to a farming operation under this subpart that must include, but are not limited to, the following: (1) Location where the management activity was performed; and (2) Time expended and duration of the management activity performed. (b) To qualify as providing a significant contribution of active personal management each person covered by this subpart must: (1) Maintain these records and supporting business documentation; and (2) If requested, timely make these records available for review by the appropriate FSA reviewing authority. (c) If a person fails to meet the requirement of paragraphs (a) and (b) of this section, then both of the following will apply: (1) The person's contribution of active personal management as represented to the farming operation for payment eligibility purposes will be disregarded; and (2) The person's payment eligibility will be re-determined for the applicable program year. | ||||
| 7:7:10.1.2.1.2.0.342.1 | 7 | Agriculture | XIV | A | 1401 | PART 1401—COMMODITY CERTIFICATES, IN KIND PAYMENTS, AND OTHER FORMS OF PAYMENT | § 1401.1 Applicability. | CCC | This part shall be applicable to payments and loans made in accordance with the programs administered by the Commodity Credit Corporation (CCC) or the Farm Service Agency (FSA) as determined and announced by the Secretary of Agriculture or a designee of the Secretary. The definitions of the terms applicable to 7 CFR part 713 set forth at § 713.3 also shall be applicable to this part, except that the term “commodity” shall mean any agricultural commodity. | ||||||
| 7:7:10.1.2.1.2.0.342.2 | 7 | Agriculture | XIV | A | 1401 | PART 1401—COMMODITY CERTIFICATES, IN KIND PAYMENTS, AND OTHER FORMS OF PAYMENT | § 1401.2 Payments in lieu of cash payments. | CCC | (a) CCC will, in accordance with applicable program provisions, make payments in a form other than in cash to persons who otherwise are eligible to receive a cash payment from CCC. Further, subject only to statutory prohibition and notwithstanding any provisions of the contract to participate in a program administered by CCC or FSA, CCC may: at its option, make payments in a form other than in cash. (b) As determined by CCC, payments in a form other than in cash may be made in the following manner: (1) By delivery of a commodity to a person at a warehouse or other similar facility; (2) By transfer of negotiable warehouse receipts; (3) By the issuance of certificates which CCC shall redeem in accordance with this part; (4) By the acquisition and use of commodities pledged as collateral for CCC price support loans; (5) By the use of commodities owned by CCC; and (6) By such other methods as CCC determines appropriate, including methods to enable the producer to receive payments in order to assure that the producer receives the same total return as if the payments had been made in cash. (c) The value of the payments made in any manner set forth in paragraph (b) shall be determined by CCC. (d) Notwithstanding any other provision of this part, CCC may, with respect to producers who are members of a cooperative marketing association which has been determined in accordance with part 1425 of this title to be eligible to receive price support on behalf of its producer-members, enter into agreements with such producers and such cooperatives to facilitate the making of payments to such producers. Such agreements may include a provision which allows a producer to make available for the use of the cooperative the value of the non-cash payment which would otherwise be made to the producer. | ||||||
| 7:7:10.1.2.1.2.0.342.3 | 7 | Agriculture | XIV | A | 1401 | PART 1401—COMMODITY CERTIFICATES, IN KIND PAYMENTS, AND OTHER FORMS OF PAYMENT | § 1401.3 Payments to persons with outstanding CCC loans. | CCC | (a) Persons with outstanding CCC loans who are eligible to receive payments from CCC, including a person authorized to receive a payment on behalf of another person, may be required to liquidate such loans in accordance with this section in order to be eligible to receive a payment authorized by § 1470.2. (b) A person with an outstanding CCC loan must, unless otherwise agreed upon by the person and CCC, redeem and sell to CCC a quantity of the commodity pledged as collateral for a CCC loan, as determined by CCC, in an amount equal in value to the value of the payment which would otherwise be made to such person. If the person has more than one outstanding CCC loan, CCC may, by contract or otherwise, prescribe which loan collateral the person shall be required to redeem in order to receive payment. The purchase price shall be equal to the cost of liquidating the loan or the portion of the loan for which the quantity of the commodity sold to CCC is pledged as collateral, except that, in the case of a special producer storage loan or a farmer-owned reserve loan, the purchase price will not include the amount of any unearned advance storage payments received with respect to the redeemed collateral. After redemption and the subsequent sale to CCC of the commodity pledged as collateral for such CCC loan, CCC shall make available to the person a like quantity of the commodity. | ||||||
| 7:7:10.1.2.1.2.0.342.4 | 7 | Agriculture | XIV | A | 1401 | PART 1401—COMMODITY CERTIFICATES, IN KIND PAYMENTS, AND OTHER FORMS OF PAYMENT | § 1401.4 Commodity certificates. | CCC | [51 FR 36921, Oct. 16, 1986, as amended at 51 FR 43580, Dec. 3, 1986; 52 FR 45607, Dec. 1, 1987; 56 FR 361, Jan. 4, 1991] | (a) General. CCC may issue commodity certificates as a form of payment. Commodity certificates will bear a dollar denomination. Such certificate may be transferred, exchanged for the inventory of CCC (including the receipt in accordance with paragraph (e) of this section of loan collateral by a person to whom a loan secured by such collateral is made): or exchanged for cash, as provided for in this section. Commodity certificates shall be subject to the provisions of this part, and to any terms, conditions and restrictions provided on the certificate, which are incorporated by reference herein. (b) Liens, encumbrances, and State law. (1) The provisions of this section or the commodity certificates shall take precedence over any state statutory or regulatory provisions which are inconsistent with the provisions of this section or with the provisions of the commodity certificates. (2) Commodity certificates shall not be subject to any lien, encumbrance, or other claim or security interest, except that of an agency of the United States Government arising specifically under Federal statute. (3) The provisions of this paragraph (b) shall apply without regard to the identity of the holder of the certificate. (c) Transferability. Any person may transfer a commodity certificate to any other person. However, any such transfer must be in the full amount of the certificate, and can be effected only by restrictive endorsement on the back of the certificate, showing the name of the transferee and the date of the transfer, and signed by the transferor. CCC will not honor any certificate bearing any endorsement to “bearer” or any other nonrestrictive endorsement, or otherwise transferred in a manner contrary to the regulations contained in this section. The person who submits a commodity certificate to CCC shall endorse the certificate to CCC. (d) Exchange of commodity certificate for CCC-owned commodities —(1) General. Except as otherwise provided in this paragraph and in paragraphs (f) and (g) of this section, a… | |||||
| 7:7:10.1.2.1.2.0.342.5 | 7 | Agriculture | XIV | A | 1401 | PART 1401—COMMODITY CERTIFICATES, IN KIND PAYMENTS, AND OTHER FORMS OF PAYMENT | § 1401.5 In kind payments. | CCC | (a) Subject to the provisions of §§ 1470.2 and 1470.3, CCC may make payments in the form of commodities. Quantities of commodities made available as payment shall be based upon the value of the commodity, as determined by CCC. Such quantity may be adjusted by CCC to reflect the location, quality, and other similar factors which CCC determines to affect the value of the commodity. (b) The transfer of title to commodities made available in accordance with paragraph (a) of this section shall be in store, except as determined by CCC, and shall be made without regard to any State law or any claim of lien against the commodity, or proceeds thereof, which may be asserted by any creditor except agencies of the U.S. Government whose lien arises specifically under Federal statute. The recipient of such commodities shall be responsible for all costs incurred in transferring title to the commodity, except as specifically provided by CCC. | ||||||
| 7:7:10.1.2.1.2.0.342.6 | 7 | Agriculture | XIV | A | 1401 | PART 1401—COMMODITY CERTIFICATES, IN KIND PAYMENTS, AND OTHER FORMS OF PAYMENT | § 1401.6 Assignments. | CCC | Notwithstanding any other provision of this chapter, a payment made under this part may not be the subject of an assignment, except as determined and announced by CCC. | ||||||
| 7:7:10.1.2.1.2.0.342.7 | 7 | Agriculture | XIV | A | 1401 | PART 1401—COMMODITY CERTIFICATES, IN KIND PAYMENTS, AND OTHER FORMS OF PAYMENT | § 1401.7 Miscellaneous provisions. | CCC | Except as determined by CCC, the following provisions of this title shall apply to this part: (a) Part 13, Setoffs and Withholding. (b) Part 707, Payments Due Persons Who Have Died, Disappeared, or Been Declared Incompetent. (c) Part 718, Determination of Acreage and Compliance. (d) Part 780, Appeal Regulations. (e) Part 790, Incomplete Performance Based Upon Actions or Advice of an Authorized Representative of the Secretary. (f) Part 791, Authority to Make Payments When There has been a Failure to Comply Fully with the Program. (g) Part 795, Payment Limitation. (h) Part 796, Denial of Program Eligibility for Controlled Substance Violations. (i) Part 1403, Interest on Delinquent Debts. (j) All other parts of the Code of Federal Regulations which are made applicable to this part. | ||||||
| 7:7:10.1.2.1.2.0.342.8 | 7 | Agriculture | XIV | A | 1401 | PART 1401—COMMODITY CERTIFICATES, IN KIND PAYMENTS, AND OTHER FORMS OF PAYMENT | § 1401.8 Subsequent holders. | CCC | [56 FR 362, Jan. 4, 1991] | (a) General. A person who acquires a commodity certificate from another person shall be considered to be a “subsequent holder” of the certificate. Subsequent holders of certificates who purchased a commodity certificate on or before January 1, 1990 may, after the expiration date specified on the certificate, submit the certificate to CCC for a payment from CCC determined in accordance with paragraph (b) of this section. All certificates must be submitted after January 2, 1991 and on or before May 28, 1991. Certificates submitted after May 28, 1991 shall not be accepted for payment. Certificates shall be considered to be submitted as of the date of the postmark on the envelope containing the certificate. All certificates submitted for payment must be submitted with, and in accordance with, Form CCC-8. All certificates submitted to CCC for payment shall be retained by CCC. (b) Payment rates. (1) Certificates with an expiration date of April 30, 1989 or earlier shall not, in any instance, be eligible for payment by CCC. Certificates which are submitted 18 months after the expiration date specified on the certificate shall not be accepted for payment by CCC. (2) Persons who submit to CCC, in accordance with this section, certificates with an expiration date of May 31, 1989 or later shall receive a payment equal to 50 percent of the certificate's face value if such certificate is submitted within the period which: (i) Begins 6 months and one day after the expiration date specified on the certificate and (ii) Ends 18 months after such expiration date. (3) Persons who submit to CCC in accordance with this section certificates with an expiration date of May 31, 1989 or later shall receive a payment equal to 85 percent of the certificate's face value if such certificate is submitted within the period which: (i) Begins the day after the expiration date specified on the certificate and (ii) Ends 6 months after such expiration date. (c) Transitional rules. In order to provide full benefits under this section to… | |||||
| 7:7:10.1.2.1.3.0.342.1 | 7 | Agriculture | XIV | A | 1402 | PART 1402—POLICY FOR CERTAIN COMMODITIES AVAILABLE FOR SALE | § 1402.1 General. | CCC | To facilitate trade through usual and customary channels, facilities, and arrangements of trade and commerce, the Commodity Credit Corporation (CCC) will disseminate general sales offering information on the Farm Service Agency's (FSA) Commodity Operations Web site located on the Worldwide Web at http://www.fsa.usda.gov/daco/default.htm. The Web site will be reviewed and amended as necessary to reflect current general sales offering information. CCC will make regular amendments as necessary deleting or adding to the sales provisions or changing prices or methods of sales. The information posted at this Web site is for the purpose of public information and does not constitute an offer to sell by CCC or an invitation for offers to purchase from CCC. CCC may make its commodities available for sale without prior notification to storing warehouse operators. Information pertaining to opportunities to purchase commodities from CCC will be published on the FSA Commodity Operations Web site when such opportunities are available. | ||||||
| 7:7:10.1.2.1.3.0.342.2 | 7 | Agriculture | XIV | A | 1402 | PART 1402—POLICY FOR CERTAIN COMMODITIES AVAILABLE FOR SALE | § 1402.2 Sales of inventory. | CCC | CCC will entertain offers from prospective buyers for the purchase of any commodities owned by CCC, including those commodities that are marketed through commercial, Internet-based marketing services. Various commodities owned by CCC may be offered for sale through commercial, Internet-based marketing services. Interested parties may submit requests for information related to Internet-based commodity sales to the Director, Warehouse and Inventory Division, Stop 0553, 1400 Independence Avenue, SW., Washington, DC 20250-9860. | ||||||
| 7:7:10.1.2.1.3.0.342.3 | 7 | Agriculture | XIV | A | 1402 | PART 1402—POLICY FOR CERTAIN COMMODITIES AVAILABLE FOR SALE | § 1402.3 Submission of offers, terms, and conditions. | CCC | Offers accepted by CCC will be subject to terms and conditions prescribed by CCC. These terms include, among other things, payment by wire transfer of funds, certified check or cashiers check before delivery of the commodity, removal of the commodity from CCC storage within a reasonable period of time, and in sales that require a commodity to be used for only a specific purpose, documentation that use of the commodity was for only that purpose. | ||||||
| 7:7:10.1.2.1.3.0.342.4 | 7 | Agriculture | XIV | A | 1402 | PART 1402—POLICY FOR CERTAIN COMMODITIES AVAILABLE FOR SALE | § 1402.4 Information availability. | CCC | The terms and conditions of sale with respect to commodities that are not sold through Internet-based marketing service are available online. Requests for terms and conditions may be addressed to the Director, Warehouse and Inventory Division, Stop 0553, 1400 Independence Avenue, SW., Washington, DC 20250-9860. | ||||||
| 7:7:10.1.2.1.3.0.342.5 | 7 | Agriculture | XIV | A | 1402 | PART 1402—POLICY FOR CERTAIN COMMODITIES AVAILABLE FOR SALE | § 1402.5 Late payments. | CCC | If payment is not received by CCC within the period specified in the sales contract, interest will be assessed by CCC. If a buyer fails to make arrangements for payment according to the provisions of the contract, CCC retains the right to terminate the sales contract. If CCC terminates the sales contract for default in whole or in part, CCC may offer the commodity for sale and the original party will be liable to CCC for any losses incurred and damages sustained as a result of the party's failure to timely remit payment for the commodity. | ||||||
| 7:7:10.1.2.1.4.0.342.1 | 7 | Agriculture | XIV | A | 1404 | PART 1404—ASSIGNMENT OF PAYMENTS | § 1404.1 General statement. | CCC | This part sets forth the manner in which a person may assign a cash payment which is made by the Farm Service Agency (FSA) or the Commodity Credit Corporation (CCC). Such payments may only be assigned in the manner set forth in this part. | ||||||
| 7:7:10.1.2.1.4.0.342.2 | 7 | Agriculture | XIV | A | 1404 | PART 1404—ASSIGNMENT OF PAYMENTS | § 1404.2 Definitions. | CCC | (a)(1) Assignee means any person, including any agency of the Federal Government, to whom an assignment of an FSA or CCC payment is made in accordance with this part. (2) Assignor means any person who is the recipient of a payment from FSA or CCC who assigns the payment to another person in accordance with this part. (3) Payment means a cash payment and excludes (i) Any payment made in accordance with part 1470 of this title; (i) Price support loan or purchase agreement proceeds; and (iii) Any payments made in accordance with parts 1487, 1488, 1491, 1492, and 1493 of this title. (b) The terms defined in parts 719, 1413, 1421 and 1427 shall also be applicable to this part. | ||||||
| 7:7:10.1.2.1.4.0.342.3 | 7 | Agriculture | XIV | A | 1404 | PART 1404—ASSIGNMENT OF PAYMENTS | § 1404.3 Payments which may be assigned. | CCC | [54 FR 52883, Dec. 22, 1989, as amended at 56 FR 361, Jan. 4, 1991] | Except as otherwise provided in this part or in individual program regulations, contracts and agreements entered into by FSA or CCC, any payment due a person from FSA or CCC may be assigned. | |||||
| 7:7:10.1.2.1.4.0.342.4 | 7 | Agriculture | XIV | A | 1404 | PART 1404—ASSIGNMENT OF PAYMENTS | § 1404.4 Execution of assignment form. | CCC | [54 FR 52883, Dec. 22, 1989, as amended at 56 FR 361, Jan. 4, 1991] | (a)(1) The assignment of any FSA or CCC payment must be made by the execution of Form CCC-36 or Forms CCC-251 and CCC-252. Form CCC-36 is applicable to payments made under programs administered in accordance with 7 CFR parts 701, 704, 1413, 1430, 1468, 1472 and 1475. Such form is also applicable to any other program which is administered by a county ASC committee. Forms CCC-251 and 252 are applicable to all other CCC or FSA programs and contracts. (2)(i) To be recognized by FSA or CCC, Form CCC-36 must be filed in the county FSA office prior to the time the county committee approves the making of the payment covered by the assignment. To be recognized by FSA or CCC, Forms CCC-251 and 252 must be filed with the FSA or CCC office from which the payment will be made prior to the making of the payment. (ii) Form CCC-36 or Forms CCC-251 and 252 must be signed by both the assignor and the assignee. (3) The assignor and the assignee shall promptly notify the appropriate FSA or CCC office of any change affecting the assignment. (b) [Reserved] | |||||
| 7:7:10.1.2.1.4.0.342.5 | 7 | Agriculture | XIV | A | 1404 | PART 1404—ASSIGNMENT OF PAYMENTS | § 1404.5 [Reserved] | CCC | |||||||
| 7:7:10.1.2.1.4.0.342.6 | 7 | Agriculture | XIV | A | 1404 | PART 1404—ASSIGNMENT OF PAYMENTS | § 1404.6 Payment to the assignee. | CCC | (a) The assignee shall be paid the smaller of the amount specified on Form CCC-36 or CCC-251 or the amount of the payment earned under the program or contract covered by the assignment. Any indebtedness owed by the assignor to CCC, FSA, or any other agency of the United States shall be subject to offset. (b) Any indebtedness owed by the assignor to CCC or FSA shall be offset from any payment which is owed by CCC or FSA without regard to the date of filing of a Form CCC-36 with the applicable FSA or CCC office. Except as provided in paragraph (d) of this section, any indebtedness owed by the assignor to CCC or FSA shall be offset from any payment which is owed by CCC or FSA if such indebtedness was entered on the debt record of the applicable FSA or CCC office prior to the date of the filing of Forms CCC-251 and 252 with the applicable FSA or CCC office. (c) Any indebtedness owed by the assignor to any agency of the United States other than CCC or FSA which was entered on the debt record of the applicable FSA or CCC office prior to the date of filing of the Form CCC-36 or Forms CCC-251 and 252 with such office shall be offset prior to the making of any payment to the assignee. (d) Any indebtedness arising under a contract between the assignor and FSA or CCC which is the subject of the assignment shall be offset from the payment prior to the making of any payment to the assignee under such contract without regard to the date of the filing of Form CCC-36 or Forms CCC-251 and 252 with the appropriate FSA or CCC office. | ||||||
| 7:7:10.1.2.1.4.0.342.7 | 7 | Agriculture | XIV | A | 1404 | PART 1404—ASSIGNMENT OF PAYMENTS | § 1404.7 Misrepresentations. | CCC | If FSA or CCC has reason to believe that any material misrepresentation was made by the assignor or the assignee in executing Forms CCC-36, CCC-251 or CCC-252, FSA or CCC shall give notice thereof to the assignor and the assignee. If, after investigation and opportunity for the assignor and assignee to be heard, FSA or CCC finds that any material misrepresentation was in fact made, FSA or CCC shall notify the assignor and the assignee of such finding, and void such assignment, and insofar as concerns FSA, CCC or any other agency of the United States, the assignment shall be of no effect. | ||||||
| 7:7:10.1.2.1.4.0.342.8 | 7 | Agriculture | XIV | A | 1404 | PART 1404—ASSIGNMENT OF PAYMENTS | § 1404.8 Liability of the Secretary or disbursing agents. | CCC | Neither the United States, the CCC, the Secretary nor any disbursing agent shall be liable in any suit if payment is made to the assignor without regard to the existence of any assignment, and nothing contained herein shall be construed to authorize any suit against the United States, the CCC, the Secretary or any disbursing agent if payment is not made to the assignee, or if payment is made to only one of several assignees. | ||||||
| 7:7:10.1.2.1.4.0.342.9 | 7 | Agriculture | XIV | A | 1404 | PART 1404—ASSIGNMENT OF PAYMENTS | § 1404.9 OMB Control Numbers assigned pursuant to the Paperwork Reduction Act. | CCC | The information collection requirements contained in this part have been approved by the Office of Management and Budget under the provisions of 44 U.S.C. 35 and have been assigned OMB control number 0560-0004. | ||||||
| 7:7:10.1.2.1.5.0.342.1 | 7 | Agriculture | XIV | A | 1405 | PART 1405—LOANS, PURCHASES, AND OTHER OPERATIONS | § 1405.1 Interest. | CCC | (a) Except as may otherwise be determined by CCC as provided in individual program regulations, program contracts or such other means as deemed appropriate by CCC the rate of interest that is applicable to CCC loans shall be equal to the rate of interest charged by the U.S. Treasury for funds borrowed by CCC on the date the loan is disbursed by CCC, plus 1 percent. This rate of interest shall be in effect until the earlier of the maturity of the loan or the next January 1. (b) The rate of interest applicable to all CCC loans that are outstanding as of January 1 of any year shall be adjusted as of such date to equal the rate of interest charged by the U.S. Treasury for funds borrowed by CCC on such date, plus 1 percent. This rate shall be in effect until the earlier of the maturity of the loan or the next January 1. The rate of interest applicable to CCC loans as of January 1 of any year shall be announced by CCC by press release or other means. | ||||||
| 7:7:10.1.2.1.5.0.342.2 | 7 | Agriculture | XIV | A | 1405 | PART 1405—LOANS, PURCHASES, AND OTHER OPERATIONS | § 1405.2 Basic rule of fractions. | CCC | Fractions shall be rounded in accordance with the provisions of 7 CFR part 718. | ||||||
| 7:7:10.1.2.1.5.0.342.3 | 7 | Agriculture | XIV | A | 1405 | PART 1405—LOANS, PURCHASES, AND OTHER OPERATIONS | § 1405.3 [Reserved] | CCC | |||||||
| 7:7:10.1.2.1.5.0.342.4 | 7 | Agriculture | XIV | A | 1405 | PART 1405—LOANS, PURCHASES, AND OTHER OPERATIONS | § 1405.4 Delegations of authority. | CCC | The delegations of authority relating to the CCC programs and activities are set forth in the by-laws of CCC and in dockets approved by the CCC Board of Directors. Copies of the By-laws and the dockets may be obtained from the Secretary of CCC. | ||||||
| 7:7:10.1.2.1.5.0.342.5 | 7 | Agriculture | XIV | A | 1405 | PART 1405—LOANS, PURCHASES, AND OTHER OPERATIONS | § 1405.5 Notice and comment. | CCC | The level of loans, purchases and payments made in accordance with the programs set forth in this chapter shall be determined without regard to the notice and comment provisions of 5 U.S.C. 553. | ||||||
| 7:7:10.1.2.1.5.0.342.6 | 7 | Agriculture | XIV | A | 1405 | PART 1405—LOANS, PURCHASES, AND OTHER OPERATIONS | § 1405.6 Crop insurance requirement. | CCC | [61 FR 37575, July 18, 1996, as amended at 68 FR 32337, May 30, 2003] | (a) To be eligible for any benefits or payments under 7 CFR part 1410 the producer must obtain at least the catastrophic level of insurance for each crop of economic significance in which the producer has an interest or provide a written waiver to the Secretary that waives any eligibility for emergency crop loss assistance in connection with the crop, if insurance is available in the county for the crop. In meeting this requirement, the producer may: (1) Obtain at least the catastrophic level of crop insurance in all counties for each crop of economic significance in which the producer has an interest; (2) Obtain at least the catastrophic level of crop insurance for some, but not all, crops of economic significance for which the producer has an interest, and sign a waiver; or (3) Sign a waiver that waives any eligibility for crop loss assistance in connection with the producer's crop. (b) Crop of economic significance. The term “crop of economic significance” means a crop that has contributed in the previous year, or is expected to contribute in the current crop year, 10 percent or more of the total expected value of all crops grown by the producer. However, notwithstanding the preceding sentence, if the total expected liability under the catastrophic risk protection endorsement is equal to or less than the administrative fee required for the crop, such crop will not be considered a crop of economic significance. | |||||
| 7:7:10.1.2.1.5.0.342.7 | 7 | Agriculture | XIV | A | 1405 | PART 1405—LOANS, PURCHASES, AND OTHER OPERATIONS | § 1405.7 Uruguay Round Agreements Act. | CCC | [67 FR 64751, Oct. 21, 2002] | In the event the outlays by the United States for domestic support measures will exceed, in any required reporting period, the allowable levels under the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act), CCC will, as determined by the Secretary of Agriculture, reduce the amount of payments and benefits to be made in any such reporting period, and/or collect a refund of payments or benefits previously made with respect to such reporting period, under parts 1412, 1413, 1421, 1427, 1430, 1434 and 1435 of this chapter in order to ensure that the level of domestic support provided by the United States complies with the commitments of the United States in the Uruguay Round Agreements. | |||||
| 7:7:10.1.2.1.5.0.342.8 | 7 | Agriculture | XIV | A | 1405 | PART 1405—LOANS, PURCHASES, AND OTHER OPERATIONS | § 1405.8 Disqualification due to crop insurance violation. | CCC | [68 FR 39448, July 2, 2003, as amended at 72 FR 63361, Nov. 8, 2007] | (a) Section 515(h) of the Federal Crop Insurance Act (FCIA) provides that a person who willfully and intentionally provides any 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 CCC that a producer has been found to have committed a violation to which paragraph (a) of this section applies, that person shall be considered ineligible for payments under the programs specified in paragraph (a) of this section that are funded by CCC 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 ru… | |||||
| 7:7:10.1.2.1.5.0.342.9 | 7 | Agriculture | XIV | A | 1405 | PART 1405—LOANS, PURCHASES, AND OTHER OPERATIONS | § 1405.9 Commodity assessments. | CCC | [70 FR 52285, Sept. 2, 2005, as amended at 75 FR 70812, Nov. 19, 2010] | (a) CCC will deduct from the proceeds of a marketing assistance loan an amount equal to the amount of an assessment otherwise required to be remitted to a State agency under a State statute by the producer of the commodity pledged as collateral for such loan or by the first purchaser of such commodity subject to the requirements of paragraph (b) of this section. (1) The assessment will be collected in one of the following ways, as requested by the State, but not both: (i) When the proceeds of the loan are disbursed; or (ii) When the commodity pledged as collateral for the loan is forfeited to CCC, in which case CCC will collect from the producer the amount of the assessment submitted by CCC to the State. (2) CCC will deduct from the proceeds of a marketing assistance loan an amount equal to the amount of an assessment otherwise authorized to be remitted to a federally authorized entity under a Federal statute by the producer of the commodity pledged as collateral for such loan or the first purchaser of such commodity in the manner agreed to by CCC and the entity to whom the Secretary of Agriculture has authorized to collect such assessments. (b) CCC will collect commodity assessments authorized under a State statute when: (1) The State entity has: (i) Requested that the assessment be collected; (ii) Identified whether the assessment is to be collected at the time the loan proceeds are disbursed or at the time the commodity is forfeited to CCC; (iii) Identified the person who may enter into an agreement with CCC that sets forth the obligations of the State and CCC with respect to the collection of the assessment; and (iv) Provided an opinion from the Office of the Attorney General to CCC that concludes the person signing the agreement may obligate the State to comply with the agreement and the provisions of Public Law 108-470 have been met. (2) The agreement described in paragraph (c) of this section has been executed by the appropriate State official and CCC. (c) CCC will enter into an agreement with … | |||||
| 7:7:10.1.2.1.6.0.342.1 | 7 | Agriculture | XIV | A | 1407 | PART 1407—DEBARMENT AND SUSPENSION | § 1407.1 Purpose. | CCC | This part specifies the policies that CCC will follow in taking action to debar or suspend individuals or firms from participation in Federal nonprocurement and procurement activities. | ||||||
| 7:7:10.1.2.1.6.0.342.2 | 7 | Agriculture | XIV | A | 1407 | PART 1407—DEBARMENT AND SUSPENSION | § 1407.2 Nonprocurement debarment and suspension. | CCC | [64 FR 67471, Dec. 2, 1999, as amended at 79 FR 75997, Dec. 19, 2014] | (a) CCC will proceed under 2 CFR parts 180 and 417 when taking action to debar or suspend participants or potential participants in CCC's nonprocurement activities. (b) The debarring and suspending official for nonprocurement actions taken by CCC shall be as follows: For actions initiated on behalf of CCC by the Foreign Agricultural Service (FAS), the Food and Nutrition Service (FNS), or the Agricultural Marketing Service (AMS), the debarring and suspending official will be the Vice President, CCC, who is the Administrator FAS, FNS, or AMS, respectively. For actions initiated on behalf of CCC by the Natural Resources Conservation Service (NRCS), the official will be the Vice President, CCC, who is the Chief, NRCS. | |||||
| 7:7:10.1.2.1.6.0.342.3 | 7 | Agriculture | XIV | A | 1407 | PART 1407—DEBARMENT AND SUSPENSION | § 1407.3 Procurement debarment and suspension. | CCC | CCC will proceed under this part when taking action to debar or suspend contractors with CCC or participants or potential participants in CCC's procurement activities. CCC will apply the provisions of 48 CFR part 409, subpart 409.4, in such actions, with the exception that the debarring and suspending official will be the Executive Vice President, CCC, or a designee. | ||||||
| 7:7:10.1.2.1.7.1.342.1 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | A | Subpart A—2018 Market Facilitation Program (MFP) | § 1409.1 Applicability. | CCC | [83 FR 44176, Aug. 30, 2018, as amended at 84 FR 36461, July 29, 2019] | This subpart specifies the eligibility requirements and payment calculations for the Market Facilitation Program (MFP) for 2018 crops. MFP will provide payments with respect to commodities which have been significantly impacted by actions of foreign governments resulting in the loss of traditional exports. The determination of eligible commodities and any specific program requirements for a commodity will be specified in a notice of funding availability published by CCC in the Federal Register . | |||
| 7:7:10.1.2.1.7.1.342.2 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | A | Subpart A—2018 Market Facilitation Program (MFP) | § 1409.2 Definitions. | CCC | The following definitions apply to MFP. The definitions in part 718 of this title and parts 1400, and 1421 of this section apply, except where they conflict with the definitions in this section. Application means the MFP application form. Commodity means an agricultural commodity produced in the United States intended to be marketed for commercial production that has been designated as eligible for payments under MFP. Crop means the harvested production of a commodity. Crop year means: (1) For insurable crops, the crop year as defined according to the applicable crop insurance policy; and (2) For NAP covered crops, the crop year as provided in part 1437 of this chapter. NOFA means a notice of funds availability published by CCC in the Federal Register that specifies terms and conditions of MFP that are applicable to a specific commodity. Producer means a livestock producer, dairy producer, or a producer of a crop as defined in § 718.2 of this title. | ||||
| 7:7:10.1.2.1.7.1.342.3 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | A | Subpart A—2018 Market Facilitation Program (MFP) | § 1409.3 Producer eligibility requirements. | CCC | (a) To be eligible for an MFP payment, a producer must: (1) Meet all of the requirements in this part and the NOFA that is applicable to the commodity; (2) Be a: (i) Citizen of the United States; (ii) Resident alien, which for purposes of this part means “lawful alien” as defined in part 1400 of this chapter; (iii) Partnership of citizens of the United States; or (iv) Corporation, limited liability corporation, or other organizational structure organized under State law; (3) Have an ownership interest in the commodity. (b) For eligible crops, a producer's share in the crop must be reported for the applicable crop year on form FSA-578, Report of Acreage, on file in the FSA county office as of the acreage reporting deadline, or no later than the date specified in the relevant NOFA. For crops that are covered commodities under § 1412.3 of this chapter, each applicant must be a person or legal entity who was actively engaged in farming, as provided in part 1400 of this chapter, in the crop year for which the crop is included in MFP. (c) For livestock and dairy, a producer must have had an ownership interest in livestock or dairy production during the applicable time period established by CCC in the applicable NOFA. | ||||
| 7:7:10.1.2.1.7.1.342.4 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | A | Subpart A—2018 Market Facilitation Program (MFP) | § 1409.4 Method of application. | CCC | (a) To apply for an MFP payment, the producer must submit an MFP application on the form designated by CCC to an FSA county office. (b) In the event that the producer does not submit documentation in response to any request of FSA to support the producer's application or documentation furnished does not show the producer had ownership in the commodity as claimed, the application for that commodity will be disapproved. (c) A request for an MFP payment will not be approved by CCC until all the applicable eligibility provisions have been met and the producer has submitted all required forms and supporting documentation. In addition to the completed application form, if the following forms and documentation are not on file in the FSA county office or are not current for the applicable crop year of the crop or applicable year for the commodity for which MFP has been announced as available, the producer must also submit: (1) A farm operating plan for an individual or legal entity as provided in part 1400 of this chapter; (2) An average adjusted gross income statement for the applicable year entity as provided in part 1400 of this chapter; (3) A highly erodible land conservation (sometimes referred to elsewhere as HELC) and wetland conservation certification as provided in part 12 of this title; (4) For crops, an acreage report for the applicable crop year as provided in part 718 of this title; and (5) Verifiable records that substantiate the amount of production as specified in the relevant NOFA. | ||||
| 7:7:10.1.2.1.7.1.342.5 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | A | Subpart A—2018 Market Facilitation Program (MFP) | § 1409.5 Calculation of payments. | CCC | The payment under this rule will be calculated by multiplying fifty percent of the total production of the commodity times the MFP payment rate for that commodity that is in effect when the payment is made times the producer's eligible share of the commodity. On or about December 3, 2018, CCC may announce a second payment rate, if applicable, that will apply to the remaining 50 percent of the producer's production for the selected commodity. | ||||
| 7:7:10.1.2.1.7.1.342.6 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | A | Subpart A—2018 Market Facilitation Program (MFP) | § 1409.6 Eligibility subject to verification. | CCC | (a) Producers who are approved for participation in MFP are required to retain documentation in support of their application for 3 years after the date of approval. (b) Producers must submit documentation to CCC as requested to substantiate an application. (c) Producers receiving payments or any other person who furnishes such information to CCC must permit authorized representatives of USDA or the General Accounting Office during regular business hours to inspect, examine, and to allow such representatives to make copies of such books, records or other items for the purpose of confirming the accuracy of the information provided by the producer. | ||||
| 7:7:10.1.2.1.7.1.342.7 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | A | Subpart A—2018 Market Facilitation Program (MFP) | § 1409.7 Miscellaneous provisions. | CCC | (a) If an MFP payment resulted from erroneous information provided by a producer, or any person acting on their behalf, the payment will be recalculated and the producer must refund any excess payment to CCC with interest calculated from the date of the disbursement of the payment. (b) The refund of any payment to CCC is in addition to liability under any other provision of law including, but not limited to: 18 U.S.C. 286, 287, 371, 641, 651, 1001, and 1014; 15 U.S.C. 714; and 31 U.S.C. 3729. (c) The regulations in parts 11 and 780 of this title apply to determinations under this part. (d) Any payment under this part will be made without regard to questions of title under State law and without regard to any claim or lien against the commodity or proceeds from the sale of the commodity. (e) The $900,000 average AGI limitation provisions in part 1400 of this chapter relating to limits on payments for persons or legal entities, excluding joint ventures and general partnerships, apply to each applicant for MFP. The average AGI will be calculated for a person or legal entity based on the 3 complete tax years that precede the year for which the payment is made (for the 2018 crop year or marketing year for livestock and dairy the tax years are 2014, 2015, and 2016). (f) No person or legal entity, excluding a joint venture or general partnership, as determined by the rules in part 1400 of this chapter may receive, directly or indirectly, more than $125,000 in payments as specified in the relevant NOFA. (g) The direct attribution provisions in part 1400 of this chapter apply to MFP. Under those rules, any payment to any legal entity will also be considered for payment limitation purposes to be a payment to persons or legal entities with an interest in the legal entity or in a sub-entity. If any such interested person or legal entity is over the payment limitation because of direct payment or their indirect interests or a combination thereof, then the payment to the actual payee will be reduced commensurate with the … | ||||
| 7:7:10.1.2.1.7.2.342.1 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | B | Subpart B—2019 Market Facilitation Program (MFP) | § 1409.101 Applicability. | CCC | This subpart specifies the eligibility requirements and payment calculations for the MFP for 2019 agricultural commodities. MFP will provide payments with respect to agricultural commodities that have been impacted by trade actions of foreign governments resulting in the loss of exports. Any specific program requirements for a commodity will be specified in a notice of funding availability published by the Commodity Credit Corporation (CCC) in the Federal Register . | ||||
| 7:7:10.1.2.1.7.2.342.2 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | B | Subpart B—2019 Market Facilitation Program (MFP) | § 1409.102 Definitions. | CCC | The following definitions apply to MFP. The definitions in 7 CFR part 718 and parts 1400 and 1421 of this chapter apply, except where they conflict with the definitions in this section. Application means the MFP application form. Commodity means an agricultural commodity produced in the United States intended to be marketed for commercial purposes that has been designated as eligible for payments under MFP. County payment rate means the per acre value determined by: Historical acres and yields of non-specialty crops planted in that county and the amount of damage calculated due to trade actions of foreign governments resulting in the loss of exports represented as a per unit (for example, bushel or pound). Crop means the non-specialty crops and specialty crops. Crop year means: (1) For insurable crops, the crop year as defined according to the applicable crop insurance policy; and (2) For NAP covered crops, the crop year as provided in part 1437 of this chapter. MFP means the Market Facilitation Program funded by CCC and administered by the Farm Service Agency (FSA). NOFA means a notice of funds availability published by CCC in the Federal Register that specifies terms and conditions of MFP that are applicable to a specific commodity. Non-specialty crop means any of the following crops: Alfalfa hay, barley, canola, corn, crambe, dried beans, dry peas, extra long staple cotton, flaxseed, lentils, long grain and medium grain rice, millet, mustard seed, oats, peanuts, rapeseed, rye, safflower, sesame seed, small and large chickpeas, sorghum, soybeans, sunflower seed, temperate japonica rice, triticale, upland cotton, and wheat. If warranted, additional non-specialty crops may be included in MFP in which case the availability of assistance will be specified in a NOFA published in the Federal Register . Producer means a livestock producer, dairy producer, or a producer of a crop as defined in 7 CFR 718.2. Specialty crops means any of the following crops: Almonds, cranberries, cultivated ginsen… | ||||
| 7:7:10.1.2.1.7.2.342.3 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | B | Subpart B—2019 Market Facilitation Program (MFP) | § 1409.103 Producer eligibility requirements. | CCC | (a) To be eligible for an MFP payment, a producer must meet all of the requirements in this part and the NOFA that is applicable to the commodity. (b) A producer's share in the crop must be reported for the 2019 crop year on form FSA-578, Report of Acreage, submitted to FSA, and must be on file in the FSA county office by the applicable reporting dates, or no later than the date specified in the applicable NOFA. (c) For non-specialty crops, except as determined by CCC, each applicant must be a person or legal entity who was actively engaged in farming, as provided in part 1400 of this chapter. (d) For livestock and dairy, a producer must have had an ownership interest in livestock or dairy production during the applicable time period established by CCC in the applicable NOFA. | ||||
| 7:7:10.1.2.1.7.2.342.4 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | B | Subpart B—2019 Market Facilitation Program (MFP) | § 1409.104 Method of application. | CCC | (a) To apply for a payment, the producer must submit an MFP application on the form designated by CCC to an FSA county office. (b) In the event that the producer does not submit documentation in response to any request of CCC to support the producer's application or documentation furnished does not show the producer had ownership in the commodity as claimed, the application for that commodity will be disapproved. (c) A request for a payment will not be approved by CCC until all the applicable eligibility provisions have been met and the producer has submitted all required forms and supporting documentation. In addition to the completed application form, if the following forms and documentation are not on file in the FSA county office or are not current for the 2019 crop year of the crop or applicable year for the commodity for which MFP has been announced as available, the producer must also submit: (1) A farm operating plan for an individual or legal entity as provided in part 1400 of this chapter; (2) An average adjusted gross income statement for the applicable year entity as provided in part 1400 of this chapter; (3) A highly erodible land conservation and wetland conservation certification as provided in part 12 of this title; (4) For non-specialty and specialty crops, an acreage report for the applicable crop year as provided in 7 CFR part 718; and (5) For dairy and livestock, verifiable records that substantiate the amount of production as specified in the applicable NOFA. | ||||
| 7:7:10.1.2.1.7.2.342.5 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | B | Subpart B—2019 Market Facilitation Program (MFP) | § 1409.105 Calculation of payments. | CCC | (a) For non-specialty crops, the payment under this subpart will be calculated by multiplying the county payment rate by the 2019 reported planted acreage for a farm not to exceed the sum of planted and prevented planted acres of non-specialty crops on the farm in 2018, and available acreage from 2018 expired Conservation Reserve Program contracts. Producers' payments may be adjusted as determined by CCC and as detailed in the applicable NOFA. (b) For non-specialty prevented planted crops followed by a CCC approved cover crop, the payment rate will be $15 per acre. (c) For dairy and livestock, the payment under this subpart will be calculated by multiplying the total production of the commodity times the producer's eligible share of the commodity times the payment rate for that commodity, as provided for in a subsequent NOFA. (d) For specialty crops, the payment under this subpart will be calculated by multiplying 2019 bearing acres of the specialty crop by the payment rate for the relevant specialty crop. (e) For MFP payments: (1) The first payment will be up to 50 percent of the total calculated payment. (2) CCC will determine if any further payments are warranted. If CCC determines that a second payment is warranted, it will be up to 75 percent of the total calculated payment less the amount received in the first payment and the second payment period will begin in November 2019. (3) If CCC determines that a final payment is warranted, it will be for up to the remaining amount of the total calculated payment, unless otherwise adjusted by CCC, and the last payment period will begin in January 2020. | ||||
| 7:7:10.1.2.1.7.2.342.6 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | B | Subpart B—2019 Market Facilitation Program (MFP) | § 1409.106 Eligibility subject to verification. | CCC | (a) Producers approved for participation in MFP are required to retain documentation in support of their application for 3 years after the date of approval. (b) Producers must submit documentation to CCC as requested to substantiate an application. (c) Producers receiving payments or any other person who furnishes such information to CCC must permit authorized representatives of USDA or the General Accounting Office during regular business hours to inspect, examine, and to allow such representatives to make copies of such books, records, or other items for the purpose of confirming the accuracy of the information provided by the producer. | ||||
| 7:7:10.1.2.1.7.2.342.7 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | B | Subpart B—2019 Market Facilitation Program (MFP) | § 1409.107 Miscellaneous provisions. | CCC | (a) If an MFP payment resulted from erroneous information provided by a producer, or any person acting on their behalf, the payment will be recalculated and the producer must refund any excess payment to CCC with interest calculated from the date of the disbursement of the payment. (b) The refund of any payment to CCC is in addition to liability under any other provision of law including, but not limited to: 18 U.S.C. 286, 287, 371, 641, 651, 1001, and 1014; 15 U.S.C. 714; and 31 U.S.C. 3729. (c) The regulations in 7 CFR parts 11 and 780 part 1400 of this chapter apply to determinations under this subpart. (d) Any payment under this part will be made without regard to questions of title under State law and without regard to any claim or lien against the commodity or proceeds from the sale of the commodity. (e) The $900,000 average AGI limitation provisions in part 1400 of this chapter relating to limits on payments for persons or legal entities, excluding joint ventures and general partnerships, apply to each applicant for MFP unless at least 75 percent of the person or legal entity's average AGI is derived from farming, ranching or forestry related activities. If at least 75 percent of the person or legal entity's average AGI is derived from farming, ranching, or forestry related activities, the person or legal entity, other than a joint venture or general partnership, is eligible to receive 2019 MFP payments up to the $250,000 payment limitation specified in the applicable NOFA. The average AGI will be calculated for a person or legal entity based on the 3 complete tax years that precede the year for which the payment is made (for the 2019 crop year or marketing year for livestock and dairy the tax years are 2015, 2016, and 2017). (f) No person or legal entity, excluding a joint venture or general partnership, as determined by the rules in part 1400 of this chapter may receive, directly or indirectly, more than $250,000 in payments as specified in the applicable NOFA. (g) The direct attribution provisions… | ||||
| 7:7:10.1.2.1.7.3.342.1 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | C | Subpart C—Expanded Domestic Commodity Donation Program (EDCDP) | § 1409.201 Applicability. | CCC | (a) This subpart specifies the process for eligible non-profit entities to receive commodities from the Commodity Credit Corporation (CCC) that CCC has acquired in response to trade actions taken by foreign governments resulting in the loss of exports. The types and quantities of commodities made available under this subpart, if any, is dependent upon the ability of CCC to use such commodities through existing domestic feeding programs administered by the Food and Nutrition Service (FNS). In the event that these domestic feeding programs are unable to use the commodities acquired by CCC, EDCDP is intended to provide the remaining commodities to low income individuals, primarily through eligible entities not participating in existing FNS food distribution programs. (b) CCC, as specified in the applicable Notice of Commodity Availability, will use grants and cooperative agreements to conduct the Expanded Domestic Commodity Donation Program (EDCDP). (c) The Food and Nutrition Service and the Agricultural Marketing Service will administer the EDCDP on behalf of CCC. | ||||
| 7:7:10.1.2.1.7.3.342.2 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | C | Subpart C—Expanded Domestic Commodity Donation Program (EDCDP) | § 1409.202 Definitions. | CCC | Commodity means an agricultural commodity produced in the United States intended to be marketed for commercial purposes. Eligible entity means an incorporated nonprofit entity that is operating for religious, charitable, or educational purposes, and does not provide net earnings to or operate in any other manner that inures to the benefit of any officer, employee, or shareholder of the entity as defined in section 22 of the Child Nutrition Act of 1966 (42 U.S.C. 1791) and meets the requirements of § 1409.203. Notice of Commodity Availability (NOCA) means the notice published by CCC specifying: The types of commodities available for use under this subpart; the terms and conditions that are in addition to the requirements of this subpart regarding approved uses of such commodities; the requirements a non-profit entity must meet to be an eligible entity; and whether funds will be made available by CCC regarding storage, handling, transportation and other administrative costs. | ||||
| 7:7:10.1.2.1.7.3.342.3 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | C | Subpart C—Expanded Domestic Commodity Donation Program (EDCDP) | § 1409.203 Application process. | CCC | (a) A non-profit entity that seeks approval for participation in EDCDP, as specified in the applicable NOCA must submit to the U.S. Department of Agriculture office identified in the NOCA: (1) The application form; (2) A copy of the entity's 501(c)(3) tax exempt status letter from the Internal Revenue Service (IRS); (3) A copy of the entity's most recent IRS Form-990; and (4) Any other supporting documents specified in the NOCA. (b) After CCC has determined that the entity has met all eligibility requirements, the eligible entity may be considered for participation in EDCDP. After approval by CCC, the eligible entity must execute the applicable grant or cooperative agreement presented by CCC. | ||||
| 7:7:10.1.2.1.7.3.342.4 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | C | Subpart C—Expanded Domestic Commodity Donation Program (EDCDP) | § 1409.204 Award process. | CCC | (a) CCC intends to make awards to responsive applicants able to fully meet the requirements of the program subject to the priority criteria outlined below. (b) To the extent that it is unable to make awards to all fully qualified applicants due to the limited quantity of commodities that will be available under this subpart, CCC reserves the right to both make awards on a prorated basis and to prioritize awards on the criteria listed below. CCC will consider the following factors in accepting offers for participation: (1) The extent to which an eligible entity is already a participant in existing FNS administered programs with priority placed upon those entities that are not participating in such programs; (2) The ability of the eligible entity to receive, store, and distribute at least 20,000 pounds of food per shipment and any other requirements as outlined in the NOCA, as determined by CCC, to successfully implement the proposed program activity; (3) The eligible entity's operational and financial capability to receive and distribute commodities provided by CCC under this subpart; (4) The scope of the proposed program activity in terms of its intended use of such commodities in low income areas, as determined by CCC using United States Census Bureau data and information available from federal means tested programs; and (5) Any other criteria specified in the NOCA. (c) An eligible entity may submit only one program proposal in response to a NOCA for the same geographic area. | ||||
| 7:7:10.1.2.1.7.3.342.5 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | C | Subpart C—Expanded Domestic Commodity Donation Program (EDCDP) | § 1409.205 Execution of agreement. | CCC | CCC will enter into a grant or cooperative agreement with an eligible entity regarding the entity's approved program proposal. The eligible entity may not assign or delegate any required action or responsibility of the entity except as provided in the applicable grant or cooperative agreement. Any modification of the grant or cooperative agreement must be made with the written approval of CCC. | ||||
| 7:7:10.1.2.1.7.3.342.6 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | C | Subpart C—Expanded Domestic Commodity Donation Program (EDCDP) | § 1409.206 Eligibility subject to verification. | CCC | (a) Eligible entities participating in EDCDP are required to retain documentation relating to the EDCDP for 3 years after the date of approval of the grant or cooperative agreement. However, records pertaining to claims or audits that remain unresolved in this period of time must be retained until such actions have been resolved. (b) Eligible entities participating in EDCDP must permit authorized representatives of the U.S. Department of Agriculture or the General Accounting Office during regular business hours to inspect, examine, and to allow such representatives to make copies of such books, records, or other items for the purpose of confirming the accuracy of the information provided by such entity. | ||||
| 7:7:10.1.2.1.7.3.342.7 | 7 | Agriculture | XIV | A | 1409 | PART 1409—TRADE MITIGATION PROGRAM | C | Subpart C—Expanded Domestic Commodity Donation Program (EDCDP) | § 1409.207 Miscellaneous provisions. | CCC | (a) An eligible entity must comply with the provisions of: (1) 2 CFR Chapters I and II (Office of Management and Budget Government-wide Guidance for Grants and Agreements); (2) 2 CFR parts 200 and 400 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards); (3) 2 CFR part 415 (General Program Administrative Regulations); and (4) 2 CFR part 418 (New Restrictions on Lobbying). (b) An eligible entity that does not comply with the terms of the applicable grant or cooperative agreement is subject to the provisions of: 18 U.S.C. 286, 287, 371, 641, 651, 1001, and 1014; 15 U.S.C. 714; and 31 U.S.C. 3729. | ||||
| 7:7:10.1.2.2.10.1.342.1 | 7 | Agriculture | XIV | B | 1413 | PART 1413—COMMODITY INCENTIVE PAYMENT PROGRAMS | A | Subpart A—Durum Wheat Quality Program | § 1413.101 Applicability. | CCC | (a) This subpart establishes the terms and conditions under which the Durum Wheat Quality Program (DWQP) as authorized by section 1613 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246) will be administered. (b) This program will operate only to the extent appropriated funding is available. (c) Subject to available funding, eligible producers of durum wheat will be partially compensated for the cost of purchasing and applying fungicides to a crop of durum wheat to control Fusarium head blight on acres accurately certified as planted to durum wheat. “Available funding” requires that there be a specific appropriation for the program that applies to a particular crop for which the producer seeks compensation under this program. | ||||
| 7:7:10.1.2.2.10.1.342.10 | 7 | Agriculture | XIV | B | 1413 | PART 1413—COMMODITY INCENTIVE PAYMENT PROGRAMS | A | Subpart A—Durum Wheat Quality Program | § 1413.110 Misrepresentation and scheme or device. | CCC | (a) In addition to other penalties, sanctions, or remedies as may apply, a producer will be ineligible for payment through the DWQP if the producer is determined by CCC to have: (1) Adopted any scheme or device that tends to defeat the purpose of the program, (2) Made any fraudulent representation, or (3) Misrepresented any fact affecting a program determination. (b) Any funds disbursed pursuant to this subpart to any producer engaged in a misrepresentation, scheme, or device, must be refunded with interest together with such other sums as may become due and all charges including interest will run from the date of disbursement of the CCC funds. Any producer engaged in acts prohibited by this section and any producer receiving payment as specified in this subpart will be jointly and severally liable with other persons or producers involved in such claim for payment for any refund due as specified in this section and for related charges. The remedies provided in this subpart will be in addition to other civil, criminal, or administrative remedies that may apply. | ||||
| 7:7:10.1.2.2.10.1.342.11 | 7 | Agriculture | XIV | B | 1413 | PART 1413—COMMODITY INCENTIVE PAYMENT PROGRAMS | A | Subpart A—Durum Wheat Quality Program | § 1413.111 Miscellaneous provisions. | CCC | (a) Other interests. Any payment to any producer under this part will be made without regard to questions of title under State law, and without regard to any claim or lien against the commodity, or proceeds, in favor of the owner or any other creditor except agencies of the U.S. Government. (b) Assignments. Any producer entitled to any payment may assign any payment(s) in accordance with regulations governing the assignment of payments in part 1404 of this chapter. (c) Offsets. CCC may offset or withhold any amount due to CCC from any benefit provided under this subpart in accordance with the provisions of part 1403 of this chapter and part 792 of this title. (d) Violations of highly erodible land and wetland conservation provisions. The provisions of part 12 of this title apply to this subpart. That part sets out certain conservation requirements as a general condition for farm benefits. (e) Violations regarding controlled substances. The provisions of § 718.6 of this title, which generally limit program payment eligibility for persons who have engaged in certain offenses with respect to controlled substances, will apply to this part. | ||||
| 7:7:10.1.2.2.10.1.342.12 | 7 | Agriculture | XIV | B | 1413 | PART 1413—COMMODITY INCENTIVE PAYMENT PROGRAMS | A | Subpart A—Durum Wheat Quality Program | § 1413.112 Appeals. | CCC | (a) Appeals. Appeal regulations set forth at parts 11 and 780 of this title apply to determinations made under this subpart. (b) Determinations not eligible for administrative review or appeal. CCC determinations and policies that are not limited to a specific individual producer's application are not to be construed to be individual program eligibility determinations or adverse decisions and are, therefore, not subject to administrative review or appeal under 7 CFR part 11 or part 780 of this title (but nothing in the regulations for this program will limit the ability of the National Appeals Division to decide its own jurisdiction under part 11). Such determinations include, but are not limited to, application periods, deadlines, crop years, prices, general statutory or regulatory provisions that apply to similarly situated producers, national average payment prices, and payment factors established by CCC for DWQP for which this subpart applies or similar matters requiring CCC determinations. |
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