cfr_sections
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41 rows where agency = "CCC" and part_number = 1412 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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| 7:7:10.1.2.2.9.1.330.1 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | A | Subpart A—General Provisions | § 1412.1 Applicability, changes in law, interest, application, and contract provisions. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 83 FR 40656, Aug. 16, 2018; 84 FR 45887, Sept. 3, 2019] | (a) This part specifies how base acres and farm program payment yields are established or adjusted for the purpose of calculating payments for agriculture risk coverage (ARC) and price loss coverage (PLC) for covered commodities: Wheat, oats, and barley (including wheat, oats, and barley used for haying and grazing); corn; grain sorghum; long grain rice; medium grain rice; seed cotton; pulse crops; soybeans; other oilseeds; and peanuts. This part specifies how and when producers on a farm may make an election and enroll on a farm to obtain either ARC or PLC (and if ARC, whether to receive ARC payments based on county coverage applicable on a covered commodity-by-commodity basis; or individual coverage applicable to all the covered commodities on a farm). (b) Payments otherwise provided for in this part are subject to changes made by law in rates, conditions, and eligibility notwithstanding any contract under this part. However, any such modification may, as determined by FSA, allow producers the opportunity to withdraw their ARC or PLC contract. (c) If any refund is due to FSA under this part, interest will be due from the date of the FSA disbursement except as determined by FSA. The provisions of this section will apply notwithstanding any other provision of this or any other part. In order to receive payment under this part a participant is required to comply with the regulations in this part and any additional requirements imposed by the ARC or PLC contract. (d) For ARC and PLC, assistance under this part will be provided for producers satisfying all requirements of this part who have a share of eligible base acres of the covered commodity. The sum of the base acres on a farm are based on the farm's constitution according to part 718 of this title. FSA farm records and PLC yields are based on the administrative county of the farm. ARC-CO assistance under this part will be determined by FSA for the enrolled covered commodity base acres based on the physical location of covered commodity base acres on a farm … | |||
| 7:7:10.1.2.2.9.1.330.2 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | A | Subpart A—General Provisions | § 1412.2 Administration. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 83 FR 40656, Aug. 16, 2018; 91 FR 1054, Jan. 12, 2026] | (a) The ARC and PLC Programs will be administered under the general supervision and direction of the Executive Vice President, CCC, and will be carried out in the field by FSA State and county committees, respectively. (b) State and county committees, and representatives and their employees, do not have authority to modify or waive any of the provisions of the regulations set forth in this part. (c) The State committee will take any action required by the regulations of this part that the county committee has not taken. The State committee will also: (1) Correct, or require a county committee to correct, any action taken by such county committee that is not in accordance with the regulations of this part; or (2) Require a county committee to withhold taking any action that is not in accordance with this part. (d) No provision or delegation to an FSA State or county committee will preclude the Executive Vice President, CCC, or a designee, from determining any question arising under this part, or from reversing or modifying any determination made by an FSA State or county committee. (e) [Reserved] (f) Items of general applicability to program participants, including, but not limited to, application periods, application deadlines, internal operating guidelines issued to State and county offices, prices, yields, and payment factors established for ARC or PLC, are not subject to appeal in accordance with part 780 of this title. | |||
| 7:7:10.1.2.2.9.1.330.3 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | A | Subpart A—General Provisions | § 1412.3 Definitions. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 79 FR 57714, Sept. 26, 2014; 79 FR 74571, Dec. 15, 2014; 83 FR 40657, Aug. 16, 2018; 84 FR 45888, Sept. 3, 2019; 85 FR 16232, Mar. 23, 2020; 91 FR 1054, Jan. 12. 2026] | The definitions in this section are applicable for all purposes of administering this part. The terms defined in part 718 of this title and part 1400 of this chapter are also applicable, except where those definitions conflict with the definitions specified in this section. Where there is a conflict or a difference in definitions specified in this part and part 718 of this title or part 1400 of this chapter, the regulations in this part will apply. 2014 Farm Bill means the Agricultural Act of 2014 (Pub. L. 113-79), as amended. Actual average county yield means the yield, which is calculated as the crop year production of a covered commodity in the county divided by the commodity's total planted acres for a crop year in the county. (1) For wheat, corn, grain sorghum, barley and oats, planted acres are the harvested acres plus unharvested acres. (2) In determining the yield for a county, FSA uses data in order from the following data sources: RMA and yields determined by State committee. (3) Separate irrigated and non-irrigated yields will be established in a county having farms with P&CP acreage history of a covered commodity in 2019 through 2023. These separate yields will be established where FSA determines the covered commodity's P&CP acreage was both irrigated and non-irrigated in 2019 through 2023. (4) At FSA's discretion, FSA will calculate and use a trend-adjusted yield factor to adjust the yield taking into consideration, but not exceeding, the trend-adjusted yield factor that is used to increase yield history under the crop insurance endorsement under the Federal Crop Insurance Act (7 U.S.C. 1501-1524). Actual crop revenue is calculated as follows for: (1) ARC-CO, for a crop year of a covered commodity: The actual average county yield per planted acre of the covered commodity times the higher of either the market year average (MYA) price of the covered commodity or the national average loan rate for the covered commodity. If a county has separate irrigated and non-irrigated yields established f… | |||
| 7:7:10.1.2.2.9.1.330.4 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | A | Subpart A—General Provisions | § 1412.4 Appeals. | CCC | A participant may seek reconsideration and review of any individual program eligibility adverse determination made under this part in accordance with the appeal regulations found at parts 11 and 780 of this title. | ||||
| 7:7:10.1.2.2.9.2.330.1 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | B | Subpart B—Establishment of Base Acres for a Farm for Covered Commodities | § 1412.23 Base acres, and Conservation Reserve Program. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 83 FR 40657, Aug. 16, 2018; 84 FR 45889, Sept. 3, 2019] | (a) Subject to paragraphs (b) and (c) of this section, FSA will annually adjust the base acres for covered commodities with respect to the farm by the number of production flexibility contract acres or base acres protected by a Conservation Reserve Program (CRP) contract that expired, was voluntarily terminated, or was early released. (b) The total base acres on a farm cannot exceed the limitation specified in § 1412.24. (c) Adjustments to (not reallocation of) base acres on a farm in accordance with this section are to be completed by no later than August 1 or other date as determined and announced by the CRP contract expired or was voluntarily terminated. (d) For the fiscal year in which an adjustment to base acres under this section is made, the producer of the farm may elect to receive ARC or PLC payments, in accordance with any ARC and PLC election made under section 1115 of the 2014 Farm Bill with respect to the base acres added to the farm under this section, or a prorated payment under the CRP contract, but not both. For any farm that had all of its base acres reduced for participation in CRP, if the farm had no base acres or election in effect before an adjustment is made to put base acres of a covered commodity back on the farm, the owners of that farm will have an opportunity to reallocate base acres and the producers will have an opportunity to elect ARC or PLC within 30 days of being notified of the establishment of base acres on that farm before producers enroll base acres on that farm. | |||
| 7:7:10.1.2.2.9.2.330.2 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | B | Subpart B—Establishment of Base Acres for a Farm for Covered Commodities | § 1412.24 Limitation of total base acres on a farm. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 83 FR 40657, Aug. 16, 2018; 84 FR 45889, Sept. 3, 2019] | (a) The sum of the following cannot exceed the total cropland acreage on the farm, plus approved double-cropped acreage for the farm: (1) The sum of all base acres established for the farm in accordance with this part; plus (2) Any cropland acreage on the farm enrolled in a CRP contract in accordance with part 1410 of this chapter; plus (3) Any cropland acreage on the farm enrolled in a wetland reserve program contract in accordance with part 1467 of this chapter; plus (4) Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage. (b) The Deputy Administrator will give the owner of the farm the opportunity to select the base acres against which any reduction required in this section will be made. Absent the owner selecting the base acres for reduction, FSA will apply a pro-rata reduction against the base acres before computing and issuing any payments for the program year when a reduction becomes necessary. (c) In applying paragraph (a) of this section, FSA will take into account the practice of double cropping on a farm, as determined by FSA. (d) For base acre reductions: (1) Subject to the limitation in paragraph (d)(2) of this section, a permanent reduction of all or a portion of a farm's base acres will be allowed when all owners of the farm execute and submit a written request for such reduction, on a CCC-approved standard, uniform form designated by CCC, to the FSA county office where the records for the farm are administratively maintained. (2) A permanent reduction of all or a portion of a farm's base acres to negate or reduce a program violation is not allowed. (e) When base acres on a farm are converted to a non-agricultural commercial or industrial use, the total base acres on the farm will be reduced accordingly regardless of the submission of a request for such reduction. (f) The base acres on a farm will be proportionately reduced when it is determined that the land has bee… | |||
| 7:7:10.1.2.2.9.2.330.3 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | B | Subpart B—Establishment of Base Acres for a Farm for Covered Commodities | § 1412.25 Allocation of generic base acres on a farm and updating of records. | CCC | [83 FR 40657, Aug. 16, 2018, as amended at 84 FR 45889, Sept. 3, 2019] | (a) Any or all of the owner(s) of a farm with generic base acres adjusted as of February 9, 2018, will have a one-time opportunity in an allocation period as announced by FSA, if a covered commodity including upland cotton was planted or prevented from being planted during the 2009 through 2016 crop years, to: (1) Allocate the farm's generic base acres to seed cotton base acres in a quantity equal to the greater of: (i) 80 percent of the generic base acres on the farm; or (ii) The average number of upland cotton acres planted and prevented from being planted on the farm during the 2009 through 2012 crop years, not to exceed the total generic base acres on the farm; or (2) Allocate base acres for covered commodities, including seed cotton, by applying paragraph (e) of this section. (b) Under no circumstances will the allocation of generic base acres on a farm as specified in paragraph (a) of this section result in any increase in total base acres on a farm. Additionally, if any owner submits a written statement that conflicts with the allocation request or expresses written disagreement with the allocation filed according to paragraph (a) of this section, no allocation will be approved for the farm unless all the owners of the farm provide FSA with written evidence of the dispute resolution during the allocation period. (c) FSA will provide the farm operator and owners of record with a summary of all covered commodities P&CP acres and subsequently planted crop acreage for the 2008 through 2012 crop years (as reported to FSA on acreage reports filed with FSA in each of those years). Acreage not reported to FSA by producers will not be included in the summary. The summary of records specified in paragraph (c) of this section is intended to assist owners of farms with the one-time opportunity for generic base acre allocation as provided in this section. Any owner of a farm may also at any time visit the FSA county office and request to obtain a copy of the summary referenced in this paragraph (c). (d) Owners w… | |||
| 7:7:10.1.2.2.9.2.330.4 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | B | Subpart B—Establishment of Base Acres for a Farm for Covered Commodities | § 1412.26 Treatment of base acres on farms entirely in pasture, grass, idle, or fallow. | CCC | [84 FR 45890, Sept. 3, 2019, as amended at 91 FR 1055, Jan. 12, 2026] | (a) A farm on which all of the cropland was planted to grass or pasture, including cropland that was idle or fallow from January 1, 2009, through December 31, 2017, will have base acres and yields maintained for the covered commodities on the farm, except that no payment will be made with respect to those base acres under this part for the 2019 through 2031 crop years. (b) The producers on a farm for which all of the base acres are maintained under paragraph (a) of this section are: (1) Ineligible to change the election applicable to the producers on the farm under subpart G of this part; and (2) Not permitted to reconstitute the farm to void or change the treatment of base acres under paragraph (a) of this section. | |||
| 7:7:10.1.2.2.9.2.330.5 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | B | Subpart B—Establishment of Base Acres for a Farm for Covered Commodities | § 1412.27 Additional Base Acres. | CCC | [91 FR 1055, Jan. 12, 2026] | (a) An additional 30,000,000 base acres will be allocated to eligible farms for program year 2026. Owners will be notified by CCC and given the opportunity to elect to not receive the additional allocation no later than 90 days after the receipt of the notification. An owner may appeal a determination of ineligibility for an allocation of base acres by requesting a review of the accuracy of information contained in the notification by filing a written request to the County Committee within 30 calendar days after the notice is received. If an adverse decision is made by the County Committee, the owner may appeal the adverse decision to the FSA State Committee or the National Appeals Division, or request mediation. (b) Effective beginning with the 2026 crop year, a farm is eligible to receive an allocation of base acres if, with respect to the farm, the 5-year average sum exceeds the total number of base acres on the farm. The 5-year average sum is the sum of: (1) The 5-year average of: (i) The acreage planted on the farm to all covered commodities for harvest, grazing, haying, silage or other similar purposes for the 2019 through 2023 crop years; and (ii) Any acreage on the farm that the producers were prevented from planting during the 2019 through 2023 crop years to covered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by CCC; plus (2) The lesser of: (i) 15 percent of the total acres on the farm; or (ii) The 5-year average of: (A) The acreage planted on the farm to eligible noncovered commodities for harvest, grazing, haying, silage, or other similar purposes for the 2019 through 2023 crop years; and (B) Any acreage on the farm that the producers were prevented from planting during the 2019 through 2023 crop years to eligible noncovered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by CCC. (c) The total number of base acres f… | |||
| 7:7:10.1.2.2.9.3.330.1 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | C | Subpart C—Establishment of Price Loss Coverage Yields and Submitting Production | § 1412.31 PLC yields for covered commodities. | CCC | [79 FR 57716, Sept. 26, 2014, as amended at 83 FR 40658, Aug. 16, 2018] | (a) Except for seed cotton PLC yield for covered commodities on the farm is equal to the counter-cyclical payment yield established for each covered commodity on the farm that was effective September 30, 2013, unless the PLC yield is updated as specified in § 1421.32. If the Secretary designates an additional oilseed or pulse crop as a covered commodity that does not have a counter-cyclical payment yield, the PLC yield for that commodity will be established as specified in § 1412.34. (b) The PLC yield for seed cotton on the farm is equal to the counter-cyclical payment yield established for upland cotton on the farm as in effect September 30, 2013, times 2.4, unless the PLC yield is updated as specified in § 1421.33. (c) If a PLC yield is not already established for a covered commodity on a farm for which base acres are allocated through the base acres reallocation process a yield will be established for the covered commodity on the farm using the yield on similarly situated farms, as determined by FSA. The yield on similarly situated farms will then be used as the 2013 county average counter-cyclical yield for the covered commodity. | |||
| 7:7:10.1.2.2.9.3.330.2 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | C | Subpart C—Establishment of Price Loss Coverage Yields and Submitting Production | § 1412.32 Updating PLC yield for all covered commodities except seed cotton. | CCC | [79 FR 57716, Sept. 26, 2014, as amended at 83 FR 40658, Aug. 16, 2018; 84 FR 45890, Sept. 3, 2019] | (a) For any covered commodity on the farm that has base acres as adjusted, in excess of zero acres, an owner of the farm has a one-time opportunity in a specified period, as announced by FSA, to update PLC yields on a covered commodity-by-covered commodity basis equal to 90 percent of each covered commodity's 2013 through 2017 average yield per planted acre, excluding from the average any year when no acreage was planted to the covered commodity. If the yield per planted acre in any of the years 2013 through 2017 is less than 75 percent of the average of the county yield, then 75 percent of the average of the 2013 through 2017 county yield will be substituted for that year, excluding from the average any year when no acreage was planted to the covered commodity, multiplied by the ratio obtained by dividing: (1) The average of the 2008 through 2012 national average yield per planted acre for the covered commodity; by (2) The average of the 2013 through 2017 national average yield per planted acre for the covered commodity. (b) The owner of the farm may retain the counter-cyclical yield as the PLC yield or update the PLC yield, on a covered commodity-by-covered commodity basis. (c) PLC yields are exclusively used for PLC. However, any owner of a farm can update the PLC yields, regardless of program election or decision on enrollment or participation. (d) A decision by any owner of a farm to update any PLC yield as specified in this section is final and binding unless that decision to update the yield is withdrawn by that owner or a different yield update is made by that owner or another owner. If that owner or another owner requests a different PLC yield update for the covered commodity during the yield update period specified in paragraph (a) of this section that update will become final. (e) All PLC yield updates are subject to review and approval by FSA as specified in § 1412.36. FSA's decision to issue payments based on the PLC yield updated by an owner is subject to verification and spot check by FSA at … | |||
| 7:7:10.1.2.2.9.3.330.3 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | C | Subpart C—Establishment of Price Loss Coverage Yields and Submitting Production | § 1412.33 Updating PLC yield for seed cotton. | CCC | [83 FR 40658, Aug. 16, 2018, as amended at 84 FR 45890, Sept. 3, 2019] | (a) For a farm that has seed cotton base acres as adjusted, in excess of zero acres, an owner of the farm has a one-time opportunity in a specified period, as announced by FSA, to update the PLC yield equal to 90 percent of the seed cotton's 2013 through 2017 average yield per planted acre, excluding from the average any year that no acreage was planted to upland cotton, times 2.4. If the yield per planted acre in any of the years 2013 through 2017 is less than 75 percent of the average of the county yield, then 75 percent of the average of the 2013 through 2017 county yields will be substituted for that year, excluding from the average any year when no acreage was planted to the covered commodity, multiplied by the ratio obtained by dividing: (1) The average of the 2008 through 2012 national average yield per planted acre for the covered commodity; by (2) The average of the 2013 through 2017 national average yield per planted acre for the covered commodity. (b) The owner of the farm may retain the PLC yield or update the PLC yield. (c) PLC yields are exclusively used for PLC. However, any owner of a farm can update the seed cotton PLC yield as specified in paragraph (a) of this section, regardless of program election, enrollment, or participation. (d) A decision by any owner of a farm to update the seed cotton PLC yield as specified in this section is final and binding unless that decision to update the yield is withdrawn by that owner or a different yield update is made by that owner or another owner. If that owner or another owner requests a different PLC yield update for the covered commodity during the yield update period specified in paragraph (a) of this section, that update will become final. (e) All PLC yield updates are subject to review and approval by FSA as specified in § 1412.36. FSA's decision to issue payments based on the PLC yield updated by an owner is subject to verification and spot check by FSA at any time. (f) Yield updates in this section will be permitted using the owner's certific… | |||
| 7:7:10.1.2.2.9.3.330.4 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | C | Subpart C—Establishment of Price Loss Coverage Yields and Submitting Production | § 1412.34 PLC yield for additional oilseeds. | CCC | [79 FR 57716, Sept. 26, 2014. Redesignated and amended at 83 FR 40658, Aug. 16, 2018] | (a) The PLC yield for the farm for additional oilseeds designated by the Secretary will be determined by multiplying the weighted average yield per planted acre for the crop on the farm, as determined in paragraph (b) of this section, times the ratio resulting from: (1) The national average yield for the crop, as determined by FSA, divided by (2) The national average yield for the crop for the 1998 through 2001 crop years, as determined by FSA. (b)(1) The yield per planted acre for such designated oilseed on the farm is calculated as follows: (i) The sum of the production of the crop for the 1998 through 2001 crop years, as determined in paragraph (b)(2) of this section; divided by (ii) The sum of the total planted acres of the crop for the 1998 through 2001 crop years. (2) The production of the crop for each of the 1998 through 2001 crop years will be the higher of the following, except in a year in which the acreage planted to the crop was zero, in which case the production for the crop for such year will be zero: (i) The total production for the applicable year based on the production evidence submitted in accordance with § 1412.35; or (ii) The amount equal to the product of: (A) The total planted acres for the crop, times (B) 75 percent of the harvested average county yield for that crop determined, where practicable, by calculating the weighted 4-year average of the National Agricultural Statistics Service (NASS) harvested acreage yields for the crop using the 1998 through 2001 crop years. (3) The NASS harvested acreage yield to be used in paragraph (b)(2) of this section will be based on: (i) NASS harvested irrigated yield for the crop, if available, for producers who irrigated the crop in the applicable years; (ii) NASS harvested non-irrigated yield for the crop, if available, for producers who did not irrigate the crop in the applicable years; or (iii) NASS harvested blended yield for all acreage, regardless of whether or not the acres were irrigated or non-irrigated, for all crops in all co… | |||
| 7:7:10.1.2.2.9.3.330.5 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | C | Subpart C—Establishment of Price Loss Coverage Yields and Submitting Production | § 1412.35 Submitting production evidence. | CCC | [79 FR 57716, Sept. 26, 2014. Redesignated at 83 FR 40658, Aug. 16, 2018] | (a) When required by FSA as specified in this part, documentary evidence supporting any certification of yield or production must be provided to the county committee of the county where the farm is administratively located. (b) Documentary evidence acceptable to FSA includes, but is not limited to: (1) Production approved by the county committee for some other FSA program purpose; (2) Commercial receipts; (3) Settlement sheets; (4) Warehouse ledger sheets; (5) Elevator receipts or load summaries, supported by other evidence showing disposition, such as sales documents; (6) Evidence from harvested or appraised acreage, approved for FCIC or multi-peril crop insurance; or (7) Other production evidence determined acceptable by the Deputy Administrator. (c) Production evidence specified in paragraph (b) of this section must show: (1) The producer's name, (2) The commodity, (3) The buyer or name of storage facility, (4) The date of transaction or delivery, and (5) The quantity. (d) FSA may verify the production evidence submitted with records on file at the warehouse, Risk Management Agency, or other entity that received or may have received the reported production. | |||
| 7:7:10.1.2.2.9.3.330.6 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | C | Subpart C—Establishment of Price Loss Coverage Yields and Submitting Production | § 1412.36 Incorrect or false production evidence. | CCC | [79 FR 57716, Sept. 26, 2014. Redesignated at 83 FR 40658, Aug. 16, 2018] | (a) If a certification of production and yield or production evidence submitted in support of that certification is false or incorrect, as determined by the county committee, the county committee will determine whether the owner, operator, or producer submitting the certification or production evidence for a farm acted in good faith or took action to defeat the purpose of ARC or PLC. (b) If the county committee determines the owner or producer who submitted the certification or production evidence referenced in paragraph (a) of this section acted in good faith and did not take action to defeat the purpose of ARC or PLC, the county committee will, as applicable: (1) Correct the PLC yield for the applicable covered commodity to equal the yield that would have been calculated as specified in § 1412.32 based on accurate production evidence; and (2) Recalculate any payments based on the correct yield and require refunds of any payments that were issued as a result of the incorrect yield. Unearned payments must be refunded together with interest from the date of disbursement and are due from any producers who received payments that would not have issued absent the error or incorrect yield. (c) If the county committee determines the owner, operator, or producer who submitted the false or incorrect evidence did not act in good faith or took any action to defeat or undermine the purpose of ARC or PLC, the county committee will require a full refund of any payments, with interest, that were issued to any persons based on that false or erroneous certification or production evidence and the yield update request is invalid. | |||
| 7:7:10.1.2.2.9.4.330.1 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | D | Subpart D—ARC and PLC Contract Terms and Enrollment Provisions for Covered Commodities | § 1412.41 ARC or PLC program contract. | CCC | [84 FR 45890, Sept. 3, 2019, as amended at 91 FR 1056, Jan. 12, 2026] | (a) The following provisions apply to ARC and PLC Program contracts: (1) Eligible producers (as specified in § 1412.42) of covered commodities with base acres may enroll in ARC and PLC contracts during the enrollment period announced by FSA. (i) The 2026 contract period ends September 30, 2026. Accordingly, the enrollment for 2026 is the only program year a retroactive contract can be approved. (ii) Except as stated in this section, enrollment is not allowed after September 30 of the fiscal year in which the ARC or PLC payments are requested. FSA will not process offers of enrollment for a contract period after the contract period has ended. This is not a compliance provision but a rule of general applicability and will apply to every offer to contract in each contract year. (iii) If a 2019 or 2026 farm did not have a valid election made by producers in accordance with subpart G of this part, no producer on that farm is eligible for any 2019 or 2026 ARC or PLC payment for that farm. This is not an adverse decision for any enrolled producer on that farm; rather, the farm's producers are simply not eligible for payments on the enrolled farm because the farm's producers failed to make a valid election in 2019 or 2026. (2) Except as specified in this section for ARC-CO and PLC enrollments, contracts will not be approved unless all producers sharing in contract acreage with more than a zero share have submitted all applicable signatures on the contract and documentation necessary for FSA to approve the contract. (i) For ARC-IC contracts there are no exceptions to this provision for signatures and documentation. (ii) A contract not having all requisite signatures of producers having more than a zero share of contract acreage on or before the enrollment deadline is incomplete and will not be considered by FSA or CCC for any purpose and will not be acted on or approved. (iii) Contracts enrolled by a producer by the date specified in paragraph (a)(1) of this section that were not signed by other producers as requir… | |||
| 7:7:10.1.2.2.9.4.330.2 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | D | Subpart D—ARC and PLC Contract Terms and Enrollment Provisions for Covered Commodities | § 1412.42 Eligible producers. | CCC | [79 FR 57717, Sept. 26, 2014] | (a) Producers eligible to enter into a contract are: (1) An owner of a farm who has an ownership share of a crop and who assumes all or a part of the risk of producing a crop that is commensurate with that claimed ownership share of the crop; or (2) A producer, other than an owner, on a farm with a share-rent lease for such farm, regardless of the length of the lease, if the owner of the farm enters into the same contract; or (3) A producer, other than an owner, on a farm who cash rents such farm under a lease expiring on or after September 30 of the year of the contract in which case the owner is not required to enter into the contract; or (4) A producer, other than an owner, on a farm who cash rents such farm under a lease expiring before September 30 of the year of the contract. The owner of such farm must also enter into the same contract, failing which the farm is not enrolled; or (5) An owner of an eligible farm who cash rents such farm and the lease term expires before September 30 of the year of the contract, if the tenant declines to enter into a contract for the applicable year. In the case of an owner covered by this paragraph, payments will not begin under the contract until the lease held by the tenant ends. (b) A minor child will be eligible to enter into a contract only if one of the following conditions exist: (1) The right of majority has been conferred upon the minor by court proceedings or law; (2) A guardian has been appointed to manage the minor's property and the applicable program documents are executed by the guardian; or (3) A bond is furnished under which a surety guarantees any loss incurred for which the minor would be liable had the minor been an adult. (c) The owner of the farm may be considered the “producer” if there is no other producer, but the owner could have shared in the crop had a crop been produced, but only if the farm and owner otherwise meet all the requirements for payment. | |||
| 7:7:10.1.2.2.9.4.330.3 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | D | Subpart D—ARC and PLC Contract Terms and Enrollment Provisions for Covered Commodities | § 1412.43 Reconstitutions. | CCC | [79 FR 57717, Sept. 26, 2014] | Farms will only be reconstituted in accordance with subpart G of this part and part 718 of this title. | |||
| 7:7:10.1.2.2.9.4.330.4 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | D | Subpart D—ARC and PLC Contract Terms and Enrollment Provisions for Covered Commodities | §§ 1412.44-1412.45 [Reserved] | CCC | |||||
| 7:7:10.1.2.2.9.4.330.5 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | D | Subpart D—ARC and PLC Contract Terms and Enrollment Provisions for Covered Commodities | § 1412.46 Planting flexibility. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 79 FR 57718, Sept. 26, 2014; 83 FR 40659, Aug. 16, 2018; 84 FR 45891, Sept. 3, 2019; 84 FR 53579, Oct. 8, 2019; 91 FR 1056, Jan. 12, 2026] | (a) Any crop may be planted and harvested on base acres on a farm, except as limited in this section. Any crop may be planted on cropland in excess of the base acres on a farm. (b) Base acres may be hayed or grazed at any time. (c) Except as specified in paragraph (e) of this section, the planting or harvesting of perennial or harvesting of non-perennial fruits, vegetables (except mung beans and covered commodities), or wild rice, as determined by FSA, will result in an acre for acre payment reduction when such crop or crops are planted and or harvested, as applicable, on more than: (1) 15 percent of the base acres of a farm enrolled in ARC or PLC using county coverage; or (2) 35 percent of the base acres of a farm enrolled in ARC using individual coverage. (d) For each crop year for which a reduction in payment acres is made according to paragraph (c) of this section, those acres will be considered to be P&CP to a covered commodity for the purpose of any adjustment or reduction of base acres for the farm. (e) Notwithstanding the provisions of paragraph (c) of this section, perennial fruits, vegetables, and wild rice may be planted or harvested on base acres of a farm and non-perennial fruits, vegetables, and wild rice may be harvested on base acres of a farm if a producer double-crops fruits, vegetables, or wild rice with a covered commodity in any region described in paragraph (f) of this section, in which case payment acres will not be reduced for the planting or harvesting of the fruit, vegetable, or wild rice. (f) Double-cropping for purposes of this section means planting for harvest non-perennial fruits, vegetables, or wild rice on the same acres in cycle with a planted covered commodity harvested for grain in a 12-month period under normal growing conditions for the region and being able to repeat the same cycle in the following 12-month period. For purposes of this part, the following counties have been determined to be regions having a history of double-cropping covered commodities or peanuts wit… | |||
| 7:7:10.1.2.2.9.4.330.6 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | D | Subpart D—ARC and PLC Contract Terms and Enrollment Provisions for Covered Commodities | § 1412.47-1412.48 [Reserved] | CCC | |||||
| 7:7:10.1.2.2.9.4.330.7 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | D | Subpart D—ARC and PLC Contract Terms and Enrollment Provisions for Covered Commodities | § 1412.49 Matters of general applicability. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 84 FR 45893, Sept. 3, 2019] | (a) The regulations in this part and FSA and CCC's interpretation of the regulations in this part and internal agency directives issued to FSA State and county offices are matters of general applicability and are not individually appealable in administrative appeals according to §§ 11.3 and 780.5 of this title. Additionally, the regulations in this part and any decisions of CCC and FSA that are not based on specific facts derived from an individual participant's application, contract, or file are not appealable under part 11 or part 780 of this title. Examples of such decisions include how the program is generally administered, signup deadlines, payment rates, or any other generally applicable matter or determination that is made by CCC or FSA for use in all similarly situated applications. The only extent by which the matters referenced in this section are reviewable administratively in an appeal forum is whether FSA's or CCC's decision to apply the generally applicable matter is factually accurate and in conformance with the regulations in this part. (b) The relief provisions of 7 CFR part 718 are applicable only to ineligibility and noncompliance decisions. The relief provisions cannot be used to extend a benefit or assistance not otherwise available under law or not otherwise available to others who have satisfied or complied with every eligibility or compliance requirement of the provisions of this part. Equitable relief provisions of part 718 of this title cannot be used to obtain a review of either these regulations, the requirements of this part, the agency's interpretations of this part, or compliance provisions of this part. | |||
| 7:7:10.1.2.2.9.4.330.8 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | D | Subpart D—ARC and PLC Contract Terms and Enrollment Provisions for Covered Commodities | § 1412.50 Transfer of land and succession-in-interest. | CCC | [79 FR 57718, Sept. 26, 2014] | (a) Land subject to an election in subpart G will continue to be subject to the election even if there is a transfer of land or change in interest of any producer or owners on the farm. If a new owner or operator or producer purchases or obtains the right and interest in, or right to occupancy of, the land subject to an election option, such new owner or operator or producer, upon the approval of FSA, may enroll and participate under a new contract with FSA with respect to such transferred land in accordance with § 1412.41. (b) A succession in interest to an ARC or PLC program contract is required if there has been a change in the operation of a farm such as: (1) A sale of land; (2) A change of operator or producer, including a change in a partnership that increases or decreases the number or changes who are partners; (3) A foreclosure, bankruptcy, or involuntary loss of the farm; (4) A change in the producer shares to reflect changes in the producer's share of the crop(s) that were originally approved on the contract; or (5) Another change as otherwise determined by the Deputy Administrator by which the succession will not adversely affect nor defeat the purpose of the program. (c) A succession in interest to an ARC program contract is not permitted if FSA determines that the change: (1) Is not for all the time remaining under the ARC or PLC program contract; (2) Results in a violation of the landlord-tenant provisions specified in § 1412.55; or (3) Adversely affects or otherwise defeats the purpose of the program. (d) If a producer who is entitled to receive ARC or PLC payments dies, becomes incompetent, or is otherwise unable to receive the payment, CCC will make the payment in accordance with part 707 of this title. (e) A producer or owner of an enrolled farm must inform the county committee of changes in interest in base acres on the farm not later than: (1) August 1 of the fiscal year in which the change occurs if the change requires a reconstitution be completed in accordance with part 718 of … | |||
| 7:7:10.1.2.2.9.5.330.1 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | E | Subpart E—Financial Considerations Including Sharing Payments | § 1412.51 Limitation of payments. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 79 FR 57719, Sept. 26, 2014; 83 FR 40659, Aug. 16, 2018; 84 FR 45893, Sept. 3, 2019; 91 FR 1056, Jan. 12, 2026] | (a) The provisions of part 1400 of this chapter apply to this part. Payments under this part cannot exceed the amounts specified in part 1400 of this chapter. (b)-(c)[Reserved] (d) Notwithstanding any other provision of this part, a producer on a farm is not eligible to receive ARC and PLC payments if the sum of the base acres on the farm is 10 acres or less unless the sum of the base acres on the farm, when combined with the base acres of other farms in which the producer has an enrolled producer share interest greater than zero, is more than 10 acres. The 10-acre limitation of this section will not apply to a socially disadvantaged farmer or rancher, a beginning farmer or rancher, a veteran farmer or rancher, or a limited resource farmer or rancher. (e) Any person or legal entity interested in obtaining a payment under this part for a crop year, in addition to satisfying all eligibility requirements of this part, must submit any and all documents from which payment eligibility can be determined to FSA by March 1 of the second year after the end of the annual contract period for which payments are being made. For example, to obtain a payment for a 2026 contract, which ends in calendar year 2026, all documents must be submitted to FSA by March 1, 2028. This includes any payment eligibility document required under part 12 or part 1400 of this title. For example, for the 2026contract year, the final date for submission of documents from which payment eligibility will be determined and apply is March 1, 2028. Payments will not issue to any person or legal entity who fails to submit required forms and documents by this date. Further these payments will not be considered denied, as the person or legal entity is presumed to have forfeited their interest in the payment. | |||
| 7:7:10.1.2.2.9.5.330.2 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | E | Subpart E—Financial Considerations Including Sharing Payments | § 1412.52 PLC payment provisions. | CCC | [79 FR 57719, Sept. 26, 2014, as amended at 83 FR 40659, Aug. 16, 2018; 84 FR 45893, Sept. 3, 2019l 91 FR 1057, Jan. 12, 2026] | (a) Provided all provisions of this part including but not limited to election have been satisfied for a contract year, a PLC payment will be made to eligible participants on a farm enrolled in PLC with respect to covered commodities for which a PLC yield and base acres are established: (1) When the effective price for a covered commodity in a crop year is less than the effective reference price for the PLC enrolled covered commodity for that crop year as specified in this part; and (2) As soon as practical, as determined by the Deputy Administrator, after October 1 following the end of the 12-month marketing year for the covered commodity as applicable. (b) The effective price for a covered commodity is equal to the higher of the: (1) MYA price received by producers during the 12-month marketing year for the crop year of the covered commodity, as determined by FSA, or (2) National loan rate for a marketing assistance loan for the covered commodity for such crop year. (c) The payment rate used to calculate PLC payments with respect to covered commodity for which PLC yields and base acres are attributed to the covered commodity on a farm enrolled in a PLC contract is the effective reference price of the covered commodity minus the effective price of the covered commodity for a crop year, as determined in accordance with paragraph (b) of this section. (d) For PLC contracts, when PLC payments are triggered in accordance with paragraph (a) of this section, subject to the limitation and in part 1400 of this chapter, the PLC payment to be paid to producers on a farm enrolled in a contract with respect to a covered commodity for which a PLC yield and base acres are attributed is equal to the product of: (1) The payment rate determined in accordance with paragraph (c) of this section, multiplied by (2) The relevant payment acres of the covered commodity, as applicable, minus any payment acre reduction in accordance with § 1412.46, multiplied by (3) The PLC payment yield for the covered commodity on the farm enr… | |||
| 7:7:10.1.2.2.9.5.330.3 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | E | Subpart E—Financial Considerations Including Sharing Payments | § 1412.53 ARC payment provisions. | CCC | [84 FR 45893, Sept. 3, 2019, as amended at 91 FR 1057, Jan. 12, 2026] | (a) Effective with the 2019 and subsequent crop years, ARC-CO actual crop revenue and guarantee will be based on the physical location of base acres of the farm. (1) FSA will divide up to 25 counties into administrative units. Each of the resulting administrative unit will be viewed as a county for ARC-CO payment purposes. (2) If a farm has base acres physically located in more than one physical location county, the ARC-CO actual revenue and ARC-CO guarantee will be weighted and summarized to the farm level. (3) If determined applicable by FSA, a historical irrigated percentage and trend-adjusted yield factor will be used to determine guarantee and revenue, which will also be weighted and summarized to the farm level. (b) Provided all provisions of this part, including but not limited to ARC-CO election and enrollment, have been satisfied for the contract year, CCC will issue, as applicable and consistent with the election and enrollment: (1) An ARC-CO payment beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity to the producers on a farm for a covered commodity in each crop year if the farm and covered commodity were enrolled in ARC-CO and the farm's weighted and summarized ARC-CO actual crop revenue was less than the farm's weighted and summarized ARC-CO guarantee. (2) Payment is equal to the result of multiplying the payment acres for the covered commodity times the difference between the farm's weighted and summarized actual crop revenue and the ARC-CO guarantee, not to exceed 12 percent of the farm's weighted and summarized ARC-CO benchmark revenue. (c) In a county having farms with P&CP acreage history of a covered commodity in 2019 through 2023, where a covered commodity's P&CP acreage was both irrigated and non-irrigated in 2019 through 2017, a separate irrigated and non-irrigated benchmark revenue, guarantee, and actual revenue will be maintained by FSA for the affected county. For farms in those counties with covered c… | |||
| 7:7:10.1.2.2.9.5.330.4 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | E | Subpart E—Financial Considerations Including Sharing Payments | § 1412.54 Sharing of payments. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 79 FR 57720, Sept. 26, 2014; 83 FR 40659, Aug. 16, 2018; 84 FR 45894, Sept. 3, 2019] | (a) Each eligible producer on a farm may enroll in an ARC or PLC contract, as applicable, and receive assistance and payments determined to be fair and equitable as agreed to by all the producers on the farm and approved by the county committee. (b) When required by FSA, each person or legal entity leasing a farm who enrolls in ARC or PLC must provide a copy of their written lease to the county committee and, in the absence of a written lease, must provide to the county committee a complete written description of the terms and conditions of any oral agreement or lease. (1) If a farm is cash leased (that is, the landowner receives a zero share of covered commodities planted on the farm or a zero share of any base acres) and the producers on the farm cash leased the farm in the immediately preceding year, then the tenant(s) who enters a producer signature and has a share greater than zero on the contract, if the same was true for the immediately preceding year, is considered to have satisfied ARC and PLC Program requirements of landowner(s) signing to a zero share on the contract The evidence must have been submitted for the immediately preceding contract year or was referred to in that contract year to an immediately preceding contract year. (2) When required by FSA, an owner's or landlord's signature affirming a zero share on either an application for assistance or contract under this part, as applicable, may be accepted as evidence of a cash lease between the owner or landlord and tenant. (3) For the purposes of obtaining payments under this part, the signature or signatures, if entered on the contract to satisfy the requirement of furnishing a written lease, are required to be provided by the enrollment deadline established by CCC for the assistance or payment. (c) When land on which base acres is leased on a share basis, neither the landlord nor the tenant is eligible to receive 100 percent of the ARC or PLC contract payment for the farm. (d) CCC will approve an ARC or PLC contract for enrollment and app… | |||
| 7:7:10.1.2.2.9.5.330.5 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | E | Subpart E—Financial Considerations Including Sharing Payments | § 1412.55 Provisions relating to tenants and sharecroppers. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 83 FR 40659, Aug. 16, 2018] | (a) No payment or assistance authorized under this part will be made by CCC if: (1) The landlord or operator has adopted a scheme or device for the purpose of depriving any tenant or sharecropper of the payments to which such person would otherwise be entitled under ARC or PLC. If any of such conditions occur or are discovered after payments have been made, all or any such part of the payments as the State committee may determine are required to be refunded to CCC; or (2) The landlord terminated a lease in violation of State law as determined by a State court. (b) [Reserved] | |||
| 7:7:10.1.2.2.9.6.330.1 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | F | Subpart F—Violations and Compliance Provisions | § 1412.61 Contract violations. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 83 FR 40659, Aug. 16, 2018; 91 FR 1057, Jan. 12, 2026] | Violations of contract or application requirements will result in the termination or cancellation of the ARC or PLC contract. Upon such termination or cancellation, all producers that signed the contract or application forfeit all rights to receive payments for the ARC or PLC contract and are required to refund all payments received, plus interest as specified in § 1412.1(d) of this part, as determined in accordance with part 3 of this title. | |||
| 7:7:10.1.2.2.9.6.330.2 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | F | Subpart F—Violations and Compliance Provisions | 1412.62 [Reserved] | CCC | |||||
| 7:7:10.1.2.2.9.6.330.3 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | F | Subpart F—Violations and Compliance Provisions | § 1412.63 Contract or application liability. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 83 FR 40659, Aug. 16, 2018] | All producers who signed an ARC or PLC Program contract made according to this part are jointly and severally liable for contract or application violations and resulting repayments and penalties. | |||
| 7:7:10.1.2.2.9.6.330.4 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | F | Subpart F—Violations and Compliance Provisions | § 1412.64 Inaccurate representation, misrepresentation, and scheme or device. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 83 FR 40659, Aug. 16, 2018] | (a) Producers are required to accurately report and certify information provided to CCC for ARC or PLC. Any form containing the signature of a person or legal entity that contains a preprinted certification statement on the form will be construed to be a representation and certification of and from the person or legal entity signing the form regardless of whether or not the person or legal entity personally made the entry or entries on the form. Errors in reporting may impact eligibility or extent of eligibility. Payments under this part will be based on the most correct information available. CCC's issuing payments based on the face of a contract does not signify CCC's approval of the representations made by participants. Producers are responsible for refunding, with interest as specified in § 1412.1(d) of this part, any program benefits that were paid based on incorrect program information. (b) For those cases in which FSA determines that an inaccurate representation or certification is due to a misrepresentation, scheme, or device, the person or legal entity or members of the legal entity will be ineligible to receive ARC or PLC payments and will have the person, legal entity's or member's interest in all contracts or applications terminated if it is determined that such person, legal entity, or member of the legal entity has done any of the following: (1) Adopted any scheme or device that tends to defeat the purpose of this part; (2) Made any fraudulent representation; (3) Misrepresented any fact affecting an ARC or PLC Program contract or determination made under part 1400 of this chapter; or (4) Violated or been determined ineligible under § 1400.5 of this chapter. (c) Any remedies taken by FSA or CCC as specified in this section will be in addition to any other civil or other remedies that may be available, including, but not limited to, those provided in part 1400 of this chapter. | |||
| 7:7:10.1.2.2.9.6.330.5 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | F | Subpart F—Violations and Compliance Provisions | § 1412.65 Offsets and assignments. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 91 FR 1057, Jan. 12, 2026] | (a) Except as provided in paragraph (b) of this section, any payment or portion thereof to any person will be made without regard to questions of title under State law and without regard to any claim or lien against the crop, or proceeds thereof, in favor of the owner or any other creditor except agencies of the U.S. Government. The regulations governing offsets and withholdings in part 3 of this title apply to contract payments. (b) Any participant entitled to any payment may assign any payments in accordance with regulations governing the assignment of payments in part 1404 of this chapter. | |||
| 7:7:10.1.2.2.9.6.330.6 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | F | Subpart F—Violations and Compliance Provisions | § 1412.66 Acreage and production reports, prevented planting, and notices of loss. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 79 FR 57720, Sept. 26, 2014; 83 FR 40659, Aug. 16, 2018] | (a) An accurate report of all cropland acreage on the farm is required for ARC or PLC. How to submit the acreage report is specified in part 718 of this title. (b) Prevented planting acreage credit will only be available to acreage that CCC determines was prevented from being planted due to an eligible cause of loss. Acreage ineligible for prevented planted credit includes acreage not planted due to a management decision. Prevented planting acreage credit is subject to the provisions of part 718 of this title. (c) As a condition of producer payment eligibility for all ARC-IC payments under this part, all producers of all covered commodities on enrolled ARC-IC elected farms must accurately submit a report of production by the acreage reporting date for the crop in the year immediately following the crop year of the reported crop acreage for all the covered commodities elected and enrolled in ARC-IC. The report is due for each covered commodity for which an acreage report greater than zero planted acres was filed for the farm according to paragraph (a) of this section. The report of production for all of such covered commodity or covered commodities can be submitted by any of the producers of the covered commodity or covered commodities on the farm, the farm operator, or an owner on the farm. The absence of the required production report of any covered commodity being filed on an enrolled ARC-IC elected farm will cause all of the producers who share in any of the covered commodities on that farm to be ineligible for payment on that farm and on any other ARC-IC elected and enrolled farm in the State for the crop year for which the production report was not filed or is missing. At the discretion of CCC, the report of production must be accompanied by documentation acceptable to CCC. The report must include the date harvest was completed. Records of production acceptable to CCC may include those specified in: (1) Commercial receipts, settlement sheets, warehouse ledger sheets, or load summaries of the crop that w… | |||
| 7:7:10.1.2.2.9.6.330.7 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | F | Subpart F—Violations and Compliance Provisions | § 1412.67 Compliance with highly erodible land and wetland conservation provisions. | CCC | The provisions of part 12 of this title apply to this part. | ||||
| 7:7:10.1.2.2.9.6.330.8 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | F | Subpart F—Violations and Compliance Provisions | § 1412.68 Controlled substance violations. | CCC | The provisions of part 718 of this title apply to this part. | ||||
| 7:7:10.1.2.2.9.6.330.9 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | F | Subpart F—Violations and Compliance Provisions | § 1412.69 Control of noxious weeds. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 83 FR 40659, Aug. 16, 2018] | Enrolled ARC and PLC contract participants agree to effectively control noxious weeds and otherwise maintain the land on the farm in accordance with sound agricultural practices; and use the land on the farm for an agricultural or conserving use, and not for a nonagricultural commercial, industrial, or residential use. | |||
| 7:7:10.1.2.2.9.7.330.1 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | G | Subpart G—ARC and PLC Election | § 1412.71 Election of ARC or PLC. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 83 FR 40659, Aug. 16, 2018; 84 FR 45894, Sept. 3, 2019; 91 FR 1057, Jan. 12, 2026] | (a) For the 2026 though 2031 crop years, subject to paragraph (f) of this section, all of the producers on a farm must make a one-time election in the 2026 enrollment and election period that is both: (1) Unanimous, and (2) Irrevocable through 2020 or 2026. (b) The election by producers is to obtain— (1) Either PLC or ARC-CO on a covered commodity-by-covered-commodity basis on the farm; or (2) ARC-IC for all covered commodities on the farm. (c) In general, a valid election will also apply to any subsequent year parent to the farm reconstitution as well as farms resulting from the parent farm as specified in § 1412.73. Neither the requesting of a farm reconstitution nor the reconstitution of any farm will impact either the requirement that all producers on a farm must make the unanimous irrevocable election in the defined election period or the valid election that was previously made by those producers. (d) FSA will process elections from producers on a farm based on the election as submitted. For example, if the producers of a farm attest that they are all or the only producers on the farm and FSA later learns that there was another producer at the time of election who did not agree to the election, the election is invalid. If at any time FSA determines that an election fails to satisfy the requirements of this subpart because it did not include the unanimous agreement of all producers on the farm at the time of election, the election will immediately be invalid. This is not a compliance provision. Only valid elections by all producers will be recognized and used by CCC. All ARC and PLC payments that were issued to any producers on a farm based on an election later determined by CCC to be invalid, for whatever reason, regardless of whether those producers who were issued unearned payments personally made or participated in the invalid election, must be refunded with interest. (e) Even if completed during the same period of time, election is separate from enrollment; producers on farms that have validly co… | |||
| 7:7:10.1.2.2.9.7.330.2 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | G | Subpart G—ARC and PLC Election | § 1412.72 Election period. | CCC | [79 FR 57720, Sept. 26, 2014, as amended at 84 FR 45894, Sept. 3, 2019; 91 FR 1057, Jan. 12, 2026] | (a) Election will be conducted in a defined period as announced by FSA. During the election period, all producers on a farm must unanimously make the irrevocable election as described in § 1412.71 to preserve the payment eligibility for 2019 or 2026 and determine whether the default election under § 1412.74 will apply to the farm. (b) If an election is submitted by all producers on a farm as specified in § 1412.71 and paragraph (a) of this section, that election will be recognized as valid for the farm unless any of the following occur: (1) The election is rescinded or terminated by any producer on the farm in accordance with paragraph (c) of this section during the election period; (2) The valid election is modified and replaced by another valid election by all producers during the election period; (3) A subsequent valid election by all producers is made with FSA during the election period; or (4) FSA determines the election at the time it was made was invalid for any reason. (c) At any time during an election period, a producer can rescind or terminate an election by providing written notice to FSA during the election period. The written notice to rescind or terminate must be physically received by FSA for CCC during the election period in order to be recognized. Immediately following receipt of such notice to rescind or terminate, the farm will be viewed as not having any effective valid election (in other words, no valid election will be determined to exist—even if there was another previous election in effect before the election that is rescinded, or terminated as specified in with this paragraph). (d) FSA is under no obligation to notify producers or owners on a farm that an election has been submitted, filed, rescinded, or terminated. Producers of a farm are solely responsible for filing a valid election during an election period or in whatever time remains in an election period following the rescission or termination of an election. (e) FSA is under no obligation to notify producers or owners of w… | |||
| 7:7:10.1.2.2.9.7.330.3 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | G | Subpart G—ARC and PLC Election | § 1412.73 Reconstitutions of farms and election. | CCC | [79 FR 57720, Sept. 26, 2014, as amended at 84 FR 45895, Sept. 3, 2019] | (a) If a new producer or new owner gains an interest in a farm after the filing of a valid election on that farm during the election period, that new producer or new owner, whether or not known to FSA or the other producers or owners on the farm, will be subject to any previously submitted valid election under §§ 1412.71 and 1412.72 unless that new producer or new owner modifies, rescinds, or terminates the election as a producer or owner as specified in § 1412.72(c) during the remaining time in the election period. (b) Any reconstitution request initiated after August 1, 2019, will not be made until after the end of the election period specified in § 1412.72. Following the close of the election period in § 1412.72, a valid election on any farm cannot be changed by any reconstitution. This means that valid elected farms can only be combined with farms having an identical election for each and every covered commodity on the farm regardless of whether there are any base acres for any and all covered commodities on the farm. Reconstitutions will not be permitted to alter a valid election or the default election that may apply to a farm. | |||
| 7:7:10.1.2.2.9.7.330.4 | 7 | Agriculture | XIV | B | 1412 | PART 1412—AGRICULTURE RISK COVERAGE AND PRICE LOSS COVERAGE | G | Subpart G—ARC and PLC Election | § 1412.74 Failure to make election. | CCC | [79 FR 46339, Aug. 8, 2014, as amended at 83 FR 40659, Aug. 16, 2018; 84 FR 45895, Sept. 3, 2019; 91 FR 1057, Jan. 12, 2026] | (a) If all producers on a farm do not make a unanimous election during the period specified in § 1412.72, that farm will not have a valid election and any producer on the farm is not eligible for 2026 ARC or PLC enrollment or payments. (b) If a valid election is not made for a farm in the 2026 crop year, FSA will not make any payments with respect to the farm for the 2026 crop year and the producers on the farm will, subject to § 1412.71(f), default to the same coverage for each covered commodity on the farm for the 2020 through 2025 crop years as was applicable for the 2015 through 2018 crop years or 2027 through 2031 crop years as was applicable for the 2025 crop year. |
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chapter TEXT,
subchapter TEXT,
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