cfr_sections
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47 rows where agency = "CCC" and part_number = 1416 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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| 7:7:10.1.2.2.13.1.330.1 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.1 Applicability. | CCC | (a) This subpart establishes general conditions for this subpart and subparts B through E of this part and applies only to those subparts. Subparts B through E cover the following programs authorized by the Agricultural Act of 2014 (Pub. L. 113-79, also referred to as the 2014 Farm Bill): (1) Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP); (2) Livestock Forage Disaster Program (LFP); (3) Livestock Indemnity Payments Program (LIP); and (4) Tree Assistance Program (TAP). (b) To be eligible for payments under these programs, participants must comply with all provisions under this subpart and the relevant particular subpart for that program. All other provisions of law also apply. | ||||
| 7:7:10.1.2.2.13.1.330.10 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.11 Refunds; joint and several liability. | CCC | (a) In the event that the participant fails to comply with any term, requirement, or condition for payment or assistance arising under ELAP, LFP, LIP, or TAP and if any refund of a payment to CCC will otherwise become due in connection with this part, the participant must refund to CCC all payments made in regard to such matter, together with interest and late-payment charges as provided for in part 1403 of this chapter provided that interest will in all cases run from the date of the original disbursement. (b) All persons with a financial interest in an operation or in an application for payment will be jointly and severally liable for any refund, including related charges, that is determined to be due CCC for any reason under this part. | ||||
| 7:7:10.1.2.2.13.1.330.11 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.12 Minors. | CCC | A minor child is eligible to apply for program benefits under ELAP, LFP, LIP, or TAP if all the eligibility requirements are met and the provision for minor children in part 1400 of this chapter are met. | ||||
| 7:7:10.1.2.2.13.1.330.12 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.13 Deceased individuals or dissolved entities. | CCC | [83 FR 49464, Oct. 2, 2018] | (a) The provisions of part 707 of this chapter apply to the programs of this part. (b) [Reserved]. | |||
| 7:7:10.1.2.2.13.1.330.13 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.14 Miscellaneous. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49464, Oct. 2, 2018; 85 FR 10963, Feb. 26, 2020] | (a) As a condition of payment eligibility under ELAP, LFP, LIP, or TAP, a participant must have been in compliance with the applicable provisions of parts 12 and 718 of this title and 1400 of this chapter, and must not otherwise be precluded from receiving payments under those provisions or under any law. (b) In order to be eligible for benefits, participants in the programs specified in this part must submit an accurate acreage report annually as required by these provisions. | |||
| 7:7:10.1.2.2.13.1.330.2 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.2 Administration of ELAP, LFP, LIP, and TAP. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49463, Oct. 2, 2018; 85 FR 10963, Feb. 26, 2020] | (a) The programs in subparts B through E of this part is administered under the general supervision and direction of the Administrator, Farm Service Agency (FSA) (who also serves as the Executive Vice-President, CCC), and the Deputy Administrator for Farm Programs, FSA (referred to as the “Deputy Administrator” in this part). (b) FSA representatives do not have authority to modify or waive any of the provisions of the regulations of this part as amended or supplemented, except as specified in paragraph (e) of this section. (c) The State FSA committee will take any action required by the regulations of this part that the county FSA committee has not taken. The State FSA committee will also: (1) Correct, or require a county FSA committee to correct, any action taken by such county FSA committee that is not in accordance with the regulations of this part or (2) Require a county FSA committee to withhold taking any action that is not in accordance with this part. (d) No provision or delegation to a State or county FSA committee will preclude the FSA Administrator, the Deputy Administrator, or a designee or other such person, from determining any question arising under the programs of this part, or from reversing or modifying any determination made by a State or county FSA committee. (e) The Deputy Administrator may authorize State and county FSA committees to waive or modify non-statutory deadlines, or other program requirements of this part in cases where lateness or failure to meet such requirements does not adversely affect operation of the programs in this part. Participants have no right to an exception under this provision. The Deputy Administrator's refusal to consider cases or circumstances or decision not to exercise this discretionary authority under this provision will not be considered an adverse decision and is not appealable. (f) Payments issued under this part are subject to the availability of funds under Federal law. Within whatever funding limitation that may exist under law, the only funds t… | |||
| 7:7:10.1.2.2.13.1.330.3 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.3 Eligible producer. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49463, Oct. 2, 2018; 85 FR 10963, Feb. 26, 2020] | (a) Eligible producer means, in addition to other requirements as may apply, an individual or legal entity who is an owner, operator, landlord, tenant, or sharecropper, who shares in the risk of producing a crop or livestock and who is entitled to share in the crop or livestock available for marketing from the farm, or would have shared had the crop or livestock been produced, and who also meets the requirements of paragraph (b) of this section. The term eligible producer can include a livestock owner or contract grower who satisfies other requirements of this part. (b) An individual or legal entity seeking to be an eligible producer under this part must submit a farm operating plan in accordance with part 1400 of this chapter and be a: (1) Citizen of the United States; (2) Resident alien; for purposes of this part, resident alien means “lawful alien”; (3) Partnership of citizens of the United States; (4) Corporation, limited liability company, or other organizational structure organized under State law; or (5) Indian Tribe or Tribal organization, as defined in section 4(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). | |||
| 7:7:10.1.2.2.13.1.330.4 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.5 [Reserved] | CCC | |||||
| 7:7:10.1.2.2.13.1.330.5 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.6 Payment eligibility and limitation. | CCC | [83 FR 49463, Oct. 2, 2018, as amended at 85 FR 10963, Feb. 26, 2020] | (a) For 2019 and each subsequent program year, a person, legal entity, or member of a joint venture or general partnership, as determined in part 1400 of this chapter, cannot receive, directly or indirectly, more than $125,000 per program year under LFP. (b) The Deputy Administrator may take such actions as needed to avoid a duplication of benefits under the programs provided for in this part, or duplication of benefits received in other programs, and may impose such cross-program payment limitations as may be consistent with the intent of this part in order to help prevent a person or legal entity being paid more than the total value of their loss. (c) For the purposes of administering LIP, LFP, ELAP, and TAP, the average adjusted gross income (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 under this subpart and will apply to each applicant for ELAP, LFP, LIP, and TAP. Specifically, a person or legal entity with an AGI that exceeds $900,000 will not be eligible to receive benefits under this part. (d) The direct attribution provisions in part 1400 of this chapter apply to ELAP, LFP, LIP, and TAP. | |||
| 7:7:10.1.2.2.13.1.330.6 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.7 Misrepresentation. | CCC | [83 FR 49464, Oct. 2, 2018 as amended at 85 FR 10963, Feb. 26, 2020] | (a) A person or legal entity who is determined to have misrepresented any fact affecting a program determination made in accordance with this part, or any other part that is applicable to this part, to receive benefits for which that person or legal entity would not otherwise be entitled, is ineligible for program payments under this part and must refund all such payments received, plus interest as determined in accordance with part 1403 of this chapter. The person or legal entity is ineligible and will be denied program benefits under this part for the immediately subsequent period of at least 2 crop years, and up to 5 crop years. Interest will run from the date of the original disbursement by CCC. (b) For each year of ineligibility determined according to paragraph (a) of this section, a person or legal entity will refund to CCC all program payments, in accordance with § 1416.11, received by such person or legal entity with respect to all applications under this part, as may be applicable, if the person or legal entity is determined to have knowingly misrepresented any fact affecting a program determination | |||
| 7:7:10.1.2.2.13.1.330.7 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.8 Appeals. | CCC | Appeal regulations in parts 11 and 780 of this title apply to this part. | ||||
| 7:7:10.1.2.2.13.1.330.8 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.9 Offsets, assignments, and debt settlement. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49464, Oct. 2, 2018] | (a) 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, in favor of the owner or any other creditor except agencies of the U.S. Government. The regulations governing offsets and withholdings in part 1403 of this chapter apply to payments made under this part. (b) A participant may assign any payment(s) under this part in accordance with regulations governing the assignment of payments in part 1404 of this chapter. | |||
| 7:7:10.1.2.2.13.1.330.9 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | A | Subpart A—General Provisions for Supplemental Agricultural Disaster Assistance Programs | § 1416.10 Records and inspections. | CCC | (a) Any participant receiving payments under any program in ELAP, LFP, LIP or TAP, or any other legal entity or person who provides information for the purposes of enabling a participant to receive a payment under ELAP, LFP, LIP, or TAP must: (1) Maintain any books, records, and accounts supporting the information for 3 years following the end of the year during which the request for payment was submitted, and (2) Allow authorized representatives of USDA and the Government Accountability Office, during regular business hours, to inspect, examine, and make copies of such books or records, and to enter the farm and to inspect and verify all applicable livestock and acreage in which the participant has an interest for the purpose of confirming the accuracy of information provided by or for the participant. (b) [Reserved] | ||||
| 7:7:10.1.2.2.13.2.330.1 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | § 1416.101 Applicability. | CCC | (a) This subpart establishes the terms and conditions under which the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP) will be administered. (b) Eligible producers of livestock, honeybees, and farm-raised fish will be compensated for eligible losses due to an eligible adverse weather or eligible loss condition that occurred in the program year for which the producer requests benefits. The eligible loss must have been a direct result of eligible adverse weather or eligible loss conditions as determined by the Deputy Administrator. ELAP does not cover losses that are covered under LFP or LIP. | ||||
| 7:7:10.1.2.2.13.2.330.10 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | § 1416.110 Livestock payment calculations. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 85 FR 10965, Feb, 26, 2020; 87 FR 19786, Apr. 6, 2022; 90 FR 5496, Jan. 17, 2025] | (a) Livestock feed payments for an eligible livestock producer will be calculated based on losses for no more than 150 days during the program year. Payment calculations for feed losses will be based on a national payment rate, as specified in § 1416.109, multiplied by the producer's actual cost for: (1) Livestock feed that was purchased forage or feedstuffs intended for use as feed for the participant's eligible livestock that was physically damaged or destroyed due to the direct result of an eligible adverse weather or eligible loss condition, as specified in § 1416.103(d)(1); (2) Livestock feed that was mechanically harvested forage or feedstuffs intended for use as feed for the participant's eligible livestock that was physically damaged or destroyed after harvest due to the direct result of an eligible adverse weather or eligible loss condition, as specified in § 1416.103(d)(2); (3) The additional cost of purchasing additional livestock feed above normal quantities, required to maintain the eligible livestock during an eligible adverse weather or eligible loss condition until additional livestock feed becomes available, as specified in § 1416.103(d)(3); and (4) The additional cost incurred for transporting livestock feed to eligible livestock due to an eligible adverse weather or eligible loss condition, as specified in § 1416.103(d)(4). (b) Payments for losses resulting from the additional cost of transporting water to eligible livestock due to an eligible adverse weather, eligible loss condition, or eligible drought for no more than 150 days during the program year, as specified in § 1416.103(d)(5) will be calculated based on a national payment rate, as determined in § 1416.109, multiplied by the lesser of either: (1) The total value of the cost to transport water to eligible livestock for 150 days, based on the daily water requirements for the eligible livestock, or (2) The total value of the cost to transport water to eligible livestock for the program year, based on the actual number of gallons o… | |||
| 7:7:10.1.2.2.13.2.330.11 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | § 1416.111 Honeybee payment calculations. | CCC | (a) An eligible honeybee producer may receive payments for eligible honeybee feed losses, as specified in § 1416.103(h), based on a national payment rate, as determined in § 1416.109, multiplied by the producer's actual cost for honeybee feed that was: (1) Damaged or destroyed due to an eligible adverse weather or eligible loss condition, as specified in § 1416.103(h)(1); and (2) Purchased, above normal, to maintain the honeybees during an eligible adverse weather or eligible loss condition until additional honeybee feed becomes available, as specified in § 1416.103(h)(2); (b) An eligible honeybee producer may receive payments for eligible honeybee colony losses, as specified in § 1416.103(i), based on a national payment rate, as determined in § 1416.109(b), multiplied by: (1) Average fair market value of the honeybee colonies as computed using nationwide prices unless some other price data is approved for use by the Deputy Administrator; and (2) Number of eligible honeybee colonies that were damaged or destroyed due to an eligible adverse weather or eligible loss condition, in excess of normal honeybee mortality, as determined by the Deputy Administrator. (c) An eligible honeybee producer may receive payments for eligible honeybee hive losses, as specified in § 1416.103(i), based on a national payment rate, as determined in § 1416.109, multiplied by: (1) Average fair market value for honeybee hives as computed using nationwide prices unless some other price data is approved for use by the Deputy Administrator; and (2) Number of honeybee hives that were damaged or destroyed due to an eligible adverse weather or eligible loss condition. (d) Payments calculated in this section are subject to the adjustments and limits provided for in this part. | ||||
| 7:7:10.1.2.2.13.2.330.12 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | § 1416.112 Farm-raised fish payment calculations. | CCC | (a) An eligible farm-raised fish producer may receive payments for fish feed losses due to an eligible adverse weather or eligible loss condition, as specified in § 1416.103(h), based on a national payment rate, as determined in § 1416.109, multiplied by the producer's actual cost for the fish feed that was: (1) Damaged or destroyed due to an eligible adverse weather or eligible loss condition, as specified in § 1416.103(h)(1); and (2) Purchased, above normal, to maintain the farm-raised fish during an eligible adverse weather or eligible loss condition until additional farm-raised fish feed becomes available, as specified in § 1416.103(h)(2). (b) An eligible producer of farm-raised fish may receive payments for death losses of farm-raised fish due to an eligible adverse weather or eligible loss condition, as specified in § 1416.103(j), based on a national payment rate, as determined in § 1416.109, multiplied by: (1) Average fair market value of the bait fish, game fish, or other aquatic species, as determined by the Deputy Administrator, that died as a direct result of an eligible adverse weather or eligible loss condition, as computed using nationwide prices unless some other price data is approved for use by the Deputy Administrator; and (2) Number of eligible bait fish, game fish, or other aquatic species, as determined by the Deputy Administrator, that died as a result of an eligible adverse weather or loss condition, in excess of normal mortality, as determined by the Deputy Administrator. (c) Payments calculated in this section or elsewhere with respect to ELAP are subject to the adjustments and limits provided for in this part and are also subject to the payment limitations and average adjusted gross income limitations that are contained in part 1400 of this chapter. | ||||
| 7:7:10.1.2.2.13.2.330.13 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | § 1416.113 Milk losses due to H5N1. | CCC | [89 FR 54335, July 1, 2024] | (a) Payments for milk losses due to H5N1 are based on a standard number of days of lost production and the expected production for an eligible adult dairy cow. The payment for milk losses due to H5N1 is equal to the payment rate per head specified in paragraph (b) of this section, multiplied by the number of eligible adult dairy cows specified in § 1416.109(g), multiplied by the producer's share of milk production from the eligible adult dairy cows, multiplied by the national payment rate specified in § 1416.109(d). (b) The payment rate per head varies by month and is equal to the expected milk production loss for an eligible adult dairy cow, as determined by FSA, multiplied by the all-milk price. The applicable payment rate will be determined by the month in which an eligible adult dairy cow was removed from milk production, as reported on the application. To determine the expected milk production loss for an eligible adult dairy cow, FSA will: (1) Determine the daily expected production by dividing the total expected production for 28 days of production, as determined by FSA based on a month-specific national production value obtained from NASS data, by 28 days; and (2) Calculate the sum of: (i) The result of paragraph (b)(1) of this section multiplied by 21 days, and (ii) The result of paragraph (b)(1) of this section multiplied by 7 days, multiplied by 50 percent. (c) Payments calculated in this section are subject to the adjustments and limits provided for in this part. | |||
| 7:7:10.1.2.2.13.2.330.2 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | § 1416.102 Definitions. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 79 FR 57721, Sept. 26, 2014; 79 FR 74571, Dec. 15, 2014; 83 FR 49464, Oct. 2, 2018; 85 FR 10963, Feb. 26, 2020; 87 FR 19785, Apr. 6, 2022; 88 FR 1891, Jan. 11, 2023; 89 FR 54334, July 1, 2024] | The following definitions apply to this subpart and to the administration of ELAP. The definitions in parts 718 of this title and 1400 of this chapter also apply, except where they conflict with the definitions in this section. Adult beef bull means a male beef breed bovine animal that was used for breeding purposes that was at least 2 years old before the beginning date of the eligible adverse weather or eligible loss condition. Adult beef cow means a female beef breed bovine animal that had delivered one or more offspring before the beginning date of the eligible adverse weather or eligible loss condition. A first-time bred beef heifer is also considered an adult beef cow if it was pregnant on or by the beginning date of the eligible adverse weather or eligible loss condition. Adult beefalo bull means a male hybrid of beef and bison that was used for breeding purposes and was at least 2 years old before the beginning date of the eligible adverse weather or eligible loss condition. Adult beefalo cow means a female hybrid of beef and bison that had delivered one or more offspring before the beginning date of the eligible adverse weather or eligible loss condition. A first-time bred beefalo heifer is also considered an adult beefalo cow if it was pregnant by the beginning date of the eligible adverse weather or eligible loss condition. Adult buffalo or bison bull means a male animal of those breeds that was used for breeding purposes and was at least 2 years old before the beginning date of the eligible adverse weather or eligible loss condition. Adult buffalo or bison cow means a female animal of those breeds that had delivered one or more offspring before the beginning date of the eligible adverse weather or eligible loss condition. A first-time bred buffalo or bison heifer is also considered an adult buffalo or bison cow if it was pregnant by the beginning date of the eligible adverse weather or eligible loss condition. Adult dairy bull means a male dairy breed bovine animal that was used primaril… | |||
| 7:7:10.1.2.2.13.2.330.3 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | § 1416.103 Eligible losses, adverse weather, and other loss conditions. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49465, Oct. 2, 2018; 85 FR 10964, Feb. 26, 2020; 87 FR 19785, Apr. 6, 2022; 88 FR 1891, Jan. 11, 2023; 89 FR 54334, July 1, 2024; 90 FR 5496, Jan. 17, 2025] | (a) An eligible loss covered under this subpart is a loss that an eligible producer, livestock owner, or contract grower of livestock, or eligible producer of honeybees or farm-raised fish incurs due to an eligible adverse weather or eligible loss condition, as determined by the Deputy Administrator. All other causes of loss are not considered an eligible loss condition, including, but not limited to, negligence, mismanagement or wrongdoing by the producer. (b) A loss covered under LFP or LIP is not eligible for ELAP. (c) To be an eligible loss in a program year, the loss must have been apparent to the person or legal entity providing the notice and to FSA in the program year for which payment is being requested. (d) For a livestock feed loss to be considered an eligible loss, the livestock feed loss must be one of the following: (1) Loss of purchased forage or feedstuffs that was intended for use as feed for the participant's eligible livestock as specified in § 1416.104(a) that was physically located in the county where the eligible adverse weather or eligible loss condition occurred on the beginning date of the eligible adverse weather or eligible loss condition. The loss must be due to an eligible adverse weather or eligible loss condition, as determined by the Deputy Administrator, including, but not limited to, blizzard, eligible winter storms, flood, hurricane, lightning, tidal surge, tornado, volcanic eruption, or wildfire on non-Federal land; (2) Loss of mechanically harvested forage or feedstuffs intended for use as feed for the participant's eligible livestock as specified in § 1416.104(a) that was physically located in the county where the eligible adverse weather or eligible loss condition occurred on the beginning date of the eligible adverse weather or eligible loss condition. The loss must have occurred after harvest due to an eligible adverse weather or eligible loss condition, as determined by the Deputy Administrator, including, but not limited to, blizzard, eligible winter storms, flood,… | |||
| 7:7:10.1.2.2.13.2.330.4 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | § 1416.104 Eligible livestock, honeybees, and farm-raised fish. | CCC | 79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49465, Oct. 2, 2018;85 FR 10964, Feb. 26, 2020; 87 FR 19785, Apr. 6, 2022; 88 FR 1891, Jan. 11, 2023; 89 FR 54335, July 1, 2024] | (a) To be considered eligible livestock for livestock grazing and feed; losses resulting from transporting water, feed, and livestock; and gathering livestock to treat for cattle tick fever; livestock must meet all the following conditions: (1) Be grazing animals such as alpacas, adult or non-adult dairy cattle, adult or non-adult beef cattle, adult or non-adult beefalo, adult or non-adult buffalo or bison, deer, elk, emus, equine, goats, llamas, reindeer, or sheep; (2) Except for livestock losses resulting from gathering livestock to treat cattle tick fever, be livestock that would normally have been grazing the eligible grazing land or pastureland during the normal grazing period for the specific type of grazing land or pastureland for the county where the eligible adverse weather or eligible loss condition occurred; (3) Be livestock that is owned, cash-leased, purchased, under contract for purchase, or been raised by a contract grower or an eligible livestock owner, for not less than 60 days before the beginning date of the eligible adverse weather or eligible loss condition; and (4) Be livestock produced or maintained for commercial use or be livestock that is produced or maintained for producing livestock products for commercial use, such as milk from dairy, as part of the contract grower's or livestock owner's farming operation on the beginning date of the eligible adverse weather or eligible loss condition. (b) The eligible livestock types for grazing and feed losses; losses resulting from transporting water, feed, and livestock; and gathering livestock to treat for cattle tick fever are: (1) Adult beef cows or bulls, (2) Adult beefalo cows or bulls, (3) Adult buffalo or bison cows or bulls, (4) Adult dairy cows or bulls, (5) Alpacas, (6) Deer, (7) Elk, (8) Emus, (9) Equine, (10) Goats, (11) Llamas, (12) Non-adult beef cattle, (13) Non-adult beefalo, (14) Non-adult buffalo or bison, (15) Non-adult dairy cattle, (16) Ostriches, (17) Reindeer, and (18) Sheep. (c) Ineligible livestock … | |||
| 7:7:10.1.2.2.13.2.330.5 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | § 1416.105 Eligible producers, owners, and contract growers. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49466, Oct. 2, 2018; 85 FR 10964, Feb, 26, 2020; 87 FR 19785, Apr. 6, 2022; 89 FR 54335, July 1, 2024] | (a) To be considered an eligible livestock producer and receive payments for feed losses; losses resulting from transporting water, feed, or livestock; and gathering livestock to treat for cattle tick fever; the participant must have: (1) Owned, cash-leased, purchased, entered into a contract to purchase, or been a contract grower of eligible livestock for not less than 60 days before the beginning date of the eligible adverse weather or eligible loss condition; and (2) Had a loss that is determined to be eligible as specified in § 1416.103(d) or (f). (b) To be considered an eligible livestock producer for grazing losses and to receive payments, the participant must have: (1) Owned, cash-leased, purchased, entered into a contract to purchase, or been a contract grower of eligible livestock for not less than 60 days before the beginning date of the eligible adverse weather or eligible loss condition; (2) Had a loss that is determined to be eligible as specified in § 1416.103(e); (3) Had eligible livestock that would normally have been grazing the eligible grazing land or pastureland during the normal grazing period for the specific type of grazing land or pastureland for the county; (4) Provided for the eligible livestock pastureland or grazing land, including cash leased pastureland or grazing land for eligible livestock that is physically located in the county where the eligible adverse weather or loss condition occurred during the normal grazing period for the county. (c) To be considered an eligible honeybee producer, a participant must have an interest and risk in an eligible honeybee colony, as specified in § 1416.104(e), for the purpose of producing honey or pollination for commercial use as part of a farming operation and must have had a loss that is determined to be eligible as specified in § 1416.103(h). (d) To be considered an eligible farm-raised fish producer for feed and death loss purposes, the participant must have produced eligible farm-raised fish, as specified in § 1416.104(f), with the… | |||
| 7:7:10.1.2.2.13.2.330.6 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | § 1416.106 Notice of loss and application process. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49466, Oct. 2, 2018; 85 FR 10964, Feb. 26, 2020; 87 FR 19786, Apr. 6, 2022; 89 FR 54335, July 1, 2024; 90 FR 5496, Jan. 17, 2025] | (a) To apply for ELAP, the participant that suffered eligible livestock, honeybee, or farm-raised fish losses must submit, to the FSA county office, the following: (1) A notice of loss to FSA as specified in § 1416.107(a), (2) A completed application as specified in § 1416.107(b) for one or more of the following: (i) For livestock feed and grazing losses; losses resulting from transporting water, feed, and livestock; and gathering livestock to treat for cattle tick fever; a completed Emergency Loss Assistance for Livestock Application; (ii) For honeybee feed, honeybee colony, honeybee hive, or farm-raised fish feed or death losses, a completed Emergency Loss Assistance for Honeybees or Farm-Raised Fish Application; (iii) For milk losses due to H5N1, a completed Emergency Loss Assistance for H5N1 Application; (3) A report of acreage, if applicable, as determined by the Deputy Administrator; (4) A copy of the participant's grower contract, if the participant is a contract grower; (5) Other supporting documents required for FSA to determine eligibility of the participant, livestock, honeybee colonies, hives, farm-raised fish, and loss; (6) A farm operating plan, if a current farm operating plan is not already on file in the FSA county office; and (7) A socially disadvantaged, limited resource, beginning, or veteran farmer or rancher certification, if applicable. (b) For livestock grazing losses, participant must provide acceptable, verifiable, or reliable records that: (1) Additional livestock feed was fed to sustain eligible livestock during an eligible adverse weather or loss condition, or (2) Eligible livestock were removed from the eligible grazing land where the grazing loss occurred. (c) For livestock, honeybee, or farm-raised fish feed losses, participant must provide acceptable, verifiable, or reliable records of the following as determined by the COC: (1) Purchased feed intended as feed for livestock, honeybees, or farm-raised fish that was lost, or additional feed purchased above normal quan… | |||
| 7:7:10.1.2.2.13.2.330.7 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | § 1416.107 Notice of loss and application period. | CCC | [90 FR 5496, Jan. 17, 2025] | (a) To receive an ELAP payment, the participant must submit the following to the FSA county office by March 1 after the end of the applicable program year: (1) A notice of loss; (2) A complete application for payment; and (3) Any other documentation required by this subpart. (b) [Reserved] | |||
| 7:7:10.1.2.2.13.2.330.8 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | § 1416.108 [Reserved] | CCC | |||||
| 7:7:10.1.2.2.13.2.330.9 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | B | Subpart B—Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program | 1416.109 National payment rate. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 85 FR 10965, Feb. 26, 2020; 89 FR 54335, July 1, 2024] | (a) For an eligible livestock, honeybee, or farm-raised fish producer that meets the definition of beginning farmer or rancher, veteran farmer or rancher, socially disadvantaged farmer or rancher, or limited resource farmer or rancher, payments calculated in §§ 1416.110 through 1416.112 will be based on a national payment rate of 90 percent. (b) For an eligible livestock, honeybee, or farm-raised fish producer, payments calculated in §§ 1416.110(a), (b), (f), (g) and (l), 1416.111(a), and 1416.112(a), will be based on a national payment rate, to be determined by the Deputy Administrator, of not less than 60 percent and not more than 80 percent of the calculated payment. (c) For an eligible livestock, honeybee, or farm-raised fish producer, payments calculated in § 1416.11(b) and (c), and 1416.112(b), will be based on a national payment rate, to be determined by the Deputy Administrator, of not less than 75 percent and not more than 80 percent of the calculated payment. (d) For an eligible livestock producer with milk losses due to H5N1, payments calculated in § 1416.113 will be based on a national payment rate of 90 percent. | |||
| 7:7:10.1.2.2.13.3.330.1 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | C | Subpart C—Livestock Forage Disaster Program | § 1416.201 Applicability. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 85 FR 10965, Feb. 26, 2020] | (a) This subpart establishes the terms and conditions under which the Livestock Forage Disaster Program (LFP) will be administered. (b) Eligible livestock owners or contract growers who are eligible producers of eligible grazed forage crop acreage will be compensated for eligible grazing losses for covered livestock that occur due to a qualifying drought or fire that occurs in the calendar year for which benefits are being requested. | |||
| 7:7:10.1.2.2.13.3.330.2 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | C | Subpart C—Livestock Forage Disaster Program | § 1416.202 Definitions. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49466, Oct. 2, 2018; 85 FR 10965, Feb. 26, 2020] | The following definitions apply to this subpart and to the administration of LFP. The definitions in parts 718 of this title and 1400 of this chapter also apply, except where they conflict with the definitions in this section. Adult beef bull means a male beef breed bovine animal that was at least 2 years old and used for breeding purposes on or before the beginning date of a qualifying drought or fire. Adult beef cow means a female beef breed bovine animal that had delivered one or more offspring. A first-time bred beef heifer is also considered an adult beef cow if it was pregnant on or before the beginning date of a qualifying drought or fire. Adult beefalo bull means a male hybrid of beef and bison that was used for breeding purposes and was at least 2 years old before the beginning date of the qualifying drought or fire. Adult beefalo cow means a female hybrid of beef and bison that had delivered one or more offspring before the beginning date of the qualifying drought or fire. A first-time bred beefalo heifer is also considered an adult beefalo cow if it was pregnant by the beginning date of the qualifying drought or fire. Adult buffalo or bison bull means a male animal of those breeds that was used for breeding purposes and was at least 2 years old before the beginning date of the qualifying drought or fire. Adult buffalo or bison cow means a female animal of those breeds that had delivered one or more offspring before the beginning date of the qualifying drought or fire. A first-time bred buffalo or bison heifer is also considered an adult buffalo or bison cow if it was pregnant by the beginning date of the qualifying drought or fire. Adult dairy bull means a male dairy breed bovine animal at least 2 years old used primarily for breeding dairy cows on or before the beginning date of a qualifying drought or fire. Adult dairy cow means a female dairy breed bovine animal used for the purpose of providing milk for human consumption that had delivered one or more offspring. A first-time bred da… | |||
| 7:7:10.1.2.2.13.3.330.3 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | C | Subpart C—Livestock Forage Disaster Program | § 1416.203 Eligibility. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49467, Oct. 2, 2018; 85 FR 10965, Feb. 26, 2020] | (a) In addition to meeting all other requirements, to be eligible for benefits under this subpart, an individual or legal entity with an eligible producer interest in grazing land acreage who is either an owner or contract grower of grazing animals, must: (1) During the 60 days prior to the beginning date of a qualifying drought or fire, own, cash or share lease, or be a contract grower of covered livestock. (2) As of the date of the qualifying drought or fire provide pastureland or grazing land for covered livestock, including cash-leased pastureland or grazing land, that is: (i) Physically located in a county affected by a qualifying drought during the normal grazing period for the specific forage crop acreage in the county, or (ii) Rangeland managed by a Federal agency for which the otherwise eligible livestock producer is prohibited by the Federal agency from grazing the normal permitted livestock due to a qualifying fire. (b) The eligible livestock producer must have certified that the livestock producer has suffered a grazing loss due to a qualifying drought or fire to be eligible for LFP payments. (c) An eligible livestock producer does not include any owner, cash or share lessee, or contract grower of livestock that rents or leases pastureland or grazing land owned by another person on a rate-of-gain basis. (That is, where the lease or rental agreement calls for payment based in whole or in part on the amount of weight gained by the animals that use the pastureland or grazing land.) (d) A producer seeking payment must not be prohibited from receiving these benefits as a result of the restrictions applicable to foreign persons contained in § 1416.3(b) and must meet all other requirements of subpart A of this part and other applicable USDA regulations. (e) If a contract grower is an eligible livestock producer for covered livestock, the owner of that livestock is not eligible for payment. | |||
| 7:7:10.1.2.2.13.3.330.4 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | C | Subpart C—Livestock Forage Disaster Program | § 1416.204 Covered livestock. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49467, Oct. 2, 2018; 85 FR 10965, Feb. 26, 2020; 88 FR 1891, Jan. 11, 2023] | (a) To be considered covered livestock for LFP payments, livestock must meet all the following conditions: (1) Be grazing animals such as adult or non-adult beef cattle, adult or non-adult beefalo, adult or non-adult buffalo or bison, adult or non-adult dairy cattle, alpacas, deer, elk, emus, equine, goats, llamas, ostriches, reindeer, or sheep; (2) Be livestock that would normally have been grazing the eligible grazing land or pastureland: (i) During the normal grazing period for the specific type of grazing land or pastureland for the county during the qualifying drought; or (ii) When the Federal agency prohibited the eligible livestock producer from using the managed rangeland for grazing due to a fire; (3) Be livestock that the eligible livestock producer: (i) During the 60 days prior to the beginning date of a qualifying drought or fire: (A) Owned, (B) Leased, (C) Purchased, (D) Entered into a contract to purchase, or (E) Was a contract grower of; or (ii) Sold or otherwise disposed of due to qualifying drought during: (A) The current production year, or (B) 1 or both of the 2 production years immediately preceding the current production year; (4) Been livestock produced or maintained for commercial use or be livestock that is produced and maintained for producing livestock products for commercial use, such as milk from dairy, as part of the contract grower's or livestock owner's farming operation on the beginning date of the qualifying drought or fire; (5) Not have been produced and maintained for reasons other than commercial use as part of a farming operation. Such excluded uses include, but are not limited to: (i) Any uses of wild free roaming livestock; (ii) Racing or wagering; (iii) Hunting; and (iv) Consumption by owner; and (6) Not have been livestock that were or would have been in a feedlot, on the beginning date of the qualifying drought or fire, as a part of the normal business operation of the eligible livestock producer, as determined by the Secretary. (b) The covered lives… | |||
| 7:7:10.1.2.2.13.3.330.5 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | C | Subpart C—Livestock Forage Disaster Program | § 1416.205 Eligible grazing losses. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49467, Oct. 2, 2018; 85 FR 10966, Feb. 26, 2020] | (a) A grazing loss due to drought is eligible for LFP only if the grazing loss for the covered livestock occurs on land that: (1) Is native or improved pastureland with permanent vegetative cover, or (2) Is planted to a crop planted specifically for the purpose of providing grazing for covered livestock, as reported on the producer's acreage report, including crops such as forage sorghum, small grains, annual planted ryegrass, or annual planted crabgrass, but not including corn stalks or grain sorghum stalks; and (3) Is grazing land or pastureland that is owned or leased by the eligible livestock producer that is physically located in a county that is, during the normal grazing period for the specific type of grazing land or pastureland for the county, rated by the U.S. Drought Monitor as having a: (i) D2 (severe drought) intensity in any area of the county for at least 8 consecutive weeks during the normal grazing period for the specific type of grazing land or pastureland for the county, as determined by the Secretary, or (ii) D3 (extreme drought) or D4 (exceptional drought) intensity in any area of the county at any time during the normal grazing period for the specific type of grazing land or pastureland for the county, as determined by the Secretary. (As specified elsewhere in this subpart, the amount of potential payment eligibility will be higher than under paragraph (a)(3)(i) of this section where the D4 trigger applies or where the D3 condition as determined by the Secretary lasts at least 4 weeks during the normal grazing period for the specific type of grazing land or pastureland for the county.) (b) A grazing loss is not eligible for LFP if: (1) The grazing loss due to drought on land used for haying or grazing under the Conservation Reserve Program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831-3835a), or (2) The grazing loss occurs on irrigated land, unless the irrigated land has not been irrigated in the program year f… | |||
| 7:7:10.1.2.2.13.3.330.6 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | C | Subpart C—Livestock Forage Disaster Program | § 1416.206 Application for payment. | CCC | [79 FR 21097, Apr. 14, 2014. Redesignated and amended at 83 FR 49467, Oct. 2, 2018; 85 FR 10966, Feb. 26, 2020; 90 FR 5497, Jan. 17, 2025] | (a) To apply for LFP, the participant that suffered eligible grazing losses for the 2019 and subsequent program years must submit a completed application and required supporting documentation, including some supporting documentation such as an acreage report that may have been required at an earlier date, to the administrative FSA county office no later than March 1 after the end of the calendar year in which the grazing loss occurred. (b) A participant must also provide a copy of the grower contract, if a contract grower, and other supporting documents required for determining eligibility as an applicant at the time the participant submits the completed application for payment. Supporting documents must include: (1) Evidence of loss; (2) Evidence that grazing land or pastureland is owned or leased; (3) A report of acreage according to part 718 of this title for the grazing lands incurring losses for which assistance is being requested under this subpart; (4) Adequate proof, as determined by FSA that the grazing loss: (i) Was for the covered livestock; (ii) If the loss of grazing occurred as the result of a fire, that the: (A) Loss was due to a fire, and (B) Participant was prohibited by the Federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire; and (iii) Occurred in the program year for which payments are being requested; (5) A farm operating plan, if a current farm operating plan is not already on file in the FSA county office; and (6) Any other supporting documentation as determined by FSA to be necessary to make a determination of eligibility of the participant. Supporting documents include, but are not limited to: Verifiable purchase and sales records; grower contracts; veterinarian records; bank or other loan papers; written contracts; production records; private insurance documents; sales records; and similar documents determined acceptable to FSA. (c) [Reserved] (d) Data furnished by the participant will be used to determine eligibility for program… | |||
| 7:7:10.1.2.2.13.3.330.7 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | C | Subpart C—Livestock Forage Disaster Program | § 1416.207 Payment calculation. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49468, Oct. 2, 2018; 85 FR 10966, Feb. 26, 2020] | (a) An eligible livestock producer will be eligible to receive payments for grazing losses for qualifying drought as specified in § 1416.205(a), calculated as specified in paragraphs (f) or (h) of this section. Total LFP payments to an eligible livestock producer in a calendar year for grazing losses due to qualifying drought will not exceed 5 monthly payments for the same livestock. Payments calculated in this section or elsewhere with respect to LFP are subject to the adjustments and limits provided for in this part and are also subject to the payment limitations and average adjusted gross income provisions that are contained in subpart A of this part. Payment may only be made to the extent that eligibility is specifically provided for in this subpart. Hence, with respect to drought, payments will be made only as representative to a “1-month” payment, a “3-month” payment, “4-month” payment, or a “5-month” payment based on the provisions of paragraphs (b) through (e) of this section. (b) To be eligible to receive a 1-month payment, that is a payment equal to the monthly feed cost as determined under paragraph (h) of this section, the eligible livestock producer must own or lease grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D2 severe drought (intensity) in any area of the county for at least 8 consecutive weeks during the normal grazing period for the specific type of grazing land or pastureland in the county. (c) To be eligible to receive a 3-month payment, that is a payment equal to three times the monthly feed cost as determined under paragraph (h) of this section, the eligible livestock producer must own or lease grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D3 (extreme drought) intensity in any area of the county at any time during the normal grazing period for the specific type of grazing land or pastureland for the county. (d) To be elig… | |||
| 7:7:10.1.2.2.13.4.330.1 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | D | Subpart D—Livestock Indemnity Program | § 1416.301 Applicability. | CCC | [83 FR 49468, Oct. 2, 2018, as amended at 85 FR 10966, Feb. 26, 2020] | (a) This subpart establishes the terms and conditions of the Livestock Indemnity Program (LIP). (b) Eligible livestock owners and contract growers will be compensated in accordance with § 1416.306 for eligible livestock deaths in excess of normal mortality, or livestock owners will be compensated for sales of injured livestock for a reduced price, if either the death or injury that results in sale at a reduced price occurred as a direct result of an eligible cause of loss. The eligible cause of loss is one, as determined by FSA, that directly results in the death of livestock or injury and sale of livestock at a reduced price, despite the livestock owner's or contract grower's performance of expected and normal preventative or corrective measures and acceptable animal husbandry practices. | |||
| 7:7:10.1.2.2.13.4.330.2 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | D | Subpart D—Livestock Indemnity Program | § 1416.302 Definitions. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49468, Oct. 2, 2018; 85 FR 10966, Feb. 26, 2020] | The following definitions apply to this subpart. The definitions in parts 718 of this title and 1400 of this chapter also apply, except where they conflict with the definitions in this section. Acceptable animal husbandry means animals raised and cared for to produce offspring, meat, fiber, milk, eggs, or other products. Includes day-to-day care and selective breeding and raising of livestock. The practices are those that are generally recognized by the commercial livestock industry. Actual livestock beginning inventory means the actual livestock beginning inventory per calendar year for unweaned livestock that is calculated from the verifiable or reliable records of death, birthing, docking, inventory, and sales. Adjusted livestock beginning inventory means the LBIH for unweaned livestock that will be adjusted during the base period for years for which continuous actual LBIH records are not provided. Adult beef bull means a male beef breed bovine animal that was at least 2 years old and used for breeding purposes. Adult beef cow means a female beef breed bovine animal that had delivered one or more offspring. A first-time bred beef heifer is also considered an adult beef cow if it was pregnant at the time it died or was sold at a reduced price. Adult beefalo bull means a male hybrid of beef and bison that was at least 2 years old and used for breeding purposes. Adult beefalo cow means a female hybrid of beef and bison that had delivered one or more offspring before dying or being injured and sold at a reduced price. A first-time bred beefalo heifer is also considered an adult beefalo cow if it is pregnant at the time it died or was sold at a reduced price. Adult buffalo or bison bull means a male animal of those breeds that was at least 2 years old and used for breeding purposes. Adult buffalo or bison cow means a female animal of those breeds that had delivered one or more offspring before it died or was injured and sold at a reduced price. A first-time bred buffalo or bison heifer is also con… | |||
| 7:7:10.1.2.2.13.4.330.3 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | D | Subpart D—Livestock Indemnity Program | § 1416.303 Eligible owners and contract growers. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49469, Oct. 2, 2018] | (a) In addition, to other eligibility rules that may apply, to be eligible as a: (1) Livestock owner for benefits with respect to the death of an animal or sale of an injured animal at a reduced price under this subpart, the applicant must have had legal ownership of the eligible livestock on the day the livestock died or was injured and sold at a reduced price and under conditions in which no contract grower could have been eligible for benefits with respect to the animal. Eligible types of animal categories for which losses can be calculated for an owner are specified in § 1416.304(a). (2) Contract grower for benefits with respect to the death of an animal, the animal must be in one of the categories specified on § 1416.304(b), and the contract grower must have had, (i) A written agreement with the owner of eligible livestock setting the specific terms, conditions, and obligations of the parties involved regarding the production of livestock; (ii) Control of the eligible livestock on the day the livestock died; and (iii) A risk of loss in the animal. (b) A livestock owner or contract grower seeking payment must be an eligible producer as defined in subpart A of this part and other applicable USDA regulations. (c) All of an eligible livestock owner's or contract grower's interest in livestock in a physical location county must be taken into account and summarized by livestock unit when determining the extent of payment eligibility. (d) Livestock owners are eligible for benefits for injured animals sold at reduced price only when those animals are not in a contract grower's inventory for which a contract grower seeks benefits for death losses. Contract growers are not eligible for benefits for injured animals sold at a reduced price. | |||
| 7:7:10.1.2.2.13.4.330.4 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | D | Subpart D—Livestock Indemnity Program | § 1416.304 Eligible livestock. | CCC | [83 FR 49469, Oct. 2, 2018, as amended at 85 FR 10966, Feb. 26, 2020; 88 FR 1891, Jan. 11, 2023] | (a) To be considered eligible livestock for livestock owners, the kind of livestock must be alpacas, adult or non-adult dairy cattle, beef cattle, beefalo, bison, buffalo, elk, emus, equine, llamas, sheep, goats, swine, poultry, deer, ostriches, or reindeer and meet all the conditions in paragraph (c) of this section. (b) To be considered eligible livestock for contract growers, the kind of livestock must be poultry or swine and meet all the conditions in paragraph (c) of this section. (c) To be considered eligible livestock for the purpose of generating payments under this subpart, livestock must have: (1) Died as a direct result of an eligible loss condition: (i) With the eligible loss condition occurring in the program year for which benefits are sought; (ii) No later than 30 calendar days for livestock, or 7 calendar days for newborn livestock, from the ending date of the eligible loss condition; or (2) Been injured and sold at a reduced price as a direct result of an eligible adverse weather event or eligible attack no later than 30 calendar days for livestock, or 7 calendar days for newborn livestock, from the ending date of the eligible adverse weather event or eligible attack. (3) Been produced or maintained for commercial use for livestock sale or the production of livestock products such as milk or eggs as part of a farming operation on the day they died or until the event that resulted in their sale at a reduced price; and (4) Not be produced or maintained for reasons other than commercial use for livestock sale or for the production of livestock products such as milk or eggs. Livestock excluded from being eligible include, but are not limited to: (i) Wild free roaming animals; (ii) Horses and other animals used or intended to be used for racing or wagering; (iii) Animals produced or maintained for hunting; and (iv) Animals produced or maintained for consumption by owner. (d) The following categories of animals owned by a livestock owner are eligible livestock and calculations of eligibil… | |||
| 7:7:10.1.2.2.13.4.330.5 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | D | Subpart D—Livestock Indemnity Program | § 1416.305 Application process. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49470, Oct. 2, 2018; 85 FR 10967, Feb. 26, 2020; 88 FR 1891, Jan. 11, 2023; 90 FR 5497, Jan. 17, 2025] | (a) A notice of loss must be accompanied by documentation acceptable to FSA substantiating that the claimed eligible loss condition occurred and was responsible for eligible losses. For any notice of loss being submitted for disease exacerbated by eligible adverse weather, the notice of loss must be accompanied by a certification referenced in paragraph (g) of this section. (b) A livestock owner or contract grower that suffered livestock losses must: (1) Provide a notice of loss, by livestock unit, to FSA by March 1 after the end of the calendar year in which the eligible loss occurred. (2) Submit the notice of loss required in this section to the FSA county office responsible for servicing the physical location county where the loss occurred. (c) In addition to the notice of loss required in paragraph (b) of this section, a participant must also submit a completed application for payment, by livestock unit for losses apparent in 2024 and subsequent years, by no later than March 1 after the end of the calendar year in which the eligible loss condition occurred. (d) A participant must provide other supporting documents required for determining eligibility as an applicant at the time the participant submits the completed application for payment. Supporting documents must include: (1) Evidence of loss, (2) Current physical location of livestock in inventory, (3) Physical location of claimed livestock at the time of death or injury, (4) Documentation acceptable to FSA showing inventory numbers for the livestock unit and other inventory information necessary to establish actual mortality as required by FSA, (5) A farm operating plan, if a current farm operating plan is not already on file in the FSA county office, (6) Documentation of the adverse weather event from an official weather reporting data source that is determined by FSA to be reputable and available in the public domain such as, but not limited to, NOAA, from which State and County FSA Offices can validate the adverse weather event occurred, (7… | |||
| 7:7:10.1.2.2.13.4.330.6 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | D | Subpart D—Livestock Indemnity Program | § 1416.306 Payment calculation. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49471, Oct. 2, 2018] | (a) Under this subpart, separate payment rates for eligible livestock owners and eligible livestock contract growers are specified in paragraphs (b) and (c) of this section, respectively. Payments for death losses are calculated by multiplying the national payment rate for each livestock category by the number of eligible livestock in excess of normal mortality in each category that died as a result of an eligible loss condition. Normal mortality for each livestock category will be determined by FSA on a State-by-State basis using local data sources including, but not limited to, State livestock organizations and the Cooperative Extension Service for the State. Adjustments will be applied as specified in paragraph (d) of this section. (b) The LIP national payment rate for eligible livestock owners is based on 75 percent of the average fair market value of the applicable livestock as computed using nationwide prices for the previous calendar year unless some other price is approved by the Deputy Administrator. (c) The LIP national payment rate for eligible livestock contract growers is based on 75 percent of the average income loss sustained by the contract grower with respect to the dead livestock. The rate that applies is based on the type, class, and weight of the animal at the time of the eligible loss condition and death. (d) The LIP payment calculated for eligible livestock contract growers will be reduced by the amount the participant received from the party who contracted with the producer to raise the livestock for the loss of income from the dead livestock. (e) Payments to livestock owners for losses due to sale of livestock at a reduced price because of injury from an eligible loss condition are calculated by multiplying the national payment rate for each livestock category by the number of eligible livestock sold at a reduced price as a result of an eligible loss condition, minus the gross amount the eligible livestock owner received for the livestock up to the applicable national payment rate. In … | |||
| 7:7:10.1.2.2.13.5.330.1 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | E | Subpart E—Tree Assistance Program | § 1416.400 Applicability. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49471, Oct. 2, 2018; 84 FR 48537, Sept. 13, 2019; 85 FR 10968, Feb. 26, 2020] | (a) This subpart establishes the terms and conditions under which the Tree Assistance Program (TAP) will be administered under Title I of the Agricultural Act of 2014 (Pub. L. 113-79, the 2014 Farm Bill), as amended. (b) Eligible orchardists and nursery tree growers will be compensated as specified in § 1416.406 for eligible tree, bush, and vine losses in excess of 15 percent mortality, or, where applicable, damage in excess of 15 percent, adjusted for normal mortality and normal damage, that occurred in the calendar year (or loss period in the case of plant disease) for which benefits are being requested and as a direct result of a natural disaster. (c) Eligible pecan tree losses incurred in the 2017 and 2018 calendar years not meeting the mortality loss threshold of paragraph (b) of this section with a tree mortality loss in excess of 7.5 percent (adjusted for normal mortality) will be compensated for eligible losses as specified in § 1416.406. For 2017 calendar year losses, up to a maximum of $15,000,000 is available. | |||
| 7:7:10.1.2.2.13.5.330.2 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | E | Subpart E—Tree Assistance Program | § 1416.401 Administration. | CCC | The program will be administered as specified in § 1416.2 and in this subpart. | ||||
| 7:7:10.1.2.2.13.5.330.3 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | E | Subpart E—Tree Assistance Program | § 1416.402 Definitions. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49471, Oct. 2, 2018; 85 FR 10968, Feb. 26, 2020] | The following definitions apply to this subpart. The definitions in parts 718 of this title and 1400 of this chapter also apply, except where they conflict with the definitions in this section. Bush means, a low, branching, woody plant, from which at maturity of the bush, an annual fruit or vegetable crop is produced for commercial purposes, such as a blueberry bush. The definition does not cover plants that produce a bush after the normal crop is harvested such as asparagus. Commercial use means used in the operation of a business activity engaged in as a means of livelihood for profit by the eligible producer. Commercially viable means an eligible tree, bush, or vine, though damaged, that can rejuvenate and return to an acceptable level of commercial production at some time with rehabilitation and without replanting. A commercially viable tree, bush, or vine, regardless of the extent of damage or years of reduced production, is always excluded and never included as part of mortality under § 1416.403. County office means the FSA or U.S. Department of Agriculture (USDA) Service Center that is responsible for servicing the farm on which the trees, bushes, or vines are located. Cutting means a piece of a vine which was planted in the ground to propagate a new vine for the commercial production of fruit, such as grapes, kiwi fruit, passion fruit, or similar fruit. Eligible nursery tree grower means a person or legal entity that produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale. Eligible orchardist means a person or legal entity that produces annual crops from trees, bushes, or vines for commercial purposes. FSA means the Farm Service Agency. Lost means, with respect to the extent of damage to a tree or other plant, that the plant is destroyed or the damage is such that it would, as determined by FSA, be more cost effective to replace the tree or other plant than to leave it in its deteriorated, low-producing state. Natural disaster means plant disease, insect infest… | |||
| 7:7:10.1.2.2.13.5.330.4 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | E | Subpart E—Tree Assistance Program | § 1416.403 Eligible losses. | CCC | [83 FR 49471, Oct. 2, 2018, as amended at 85 FR 10968, Feb. 26, 2020] | (a) To qualify for any assistance under this subpart, except for assistance under § 1416.400(c), the eligible orchardist or nursery tree grower must first have suffered more than a 15 percent tree, bush, or vine mortality loss on a stand (adjusted for normal mortality) as a result of natural disaster as determined by the Deputy Administrator. For assistance for losses to pecan trees under § 1416.400(c), the eligible orchardist or nursery tree grower must first have suffered a mortality loss of more than 7.5 percent (adjusted for normal mortality) on a stand as a result of natural disaster as determined by the Deputy Administrator. (b) The qualifying loss of a stand of trees, bushes, or vines specified in paragraph (a) of this section will be determined based on: (1) Each eligible disaster event, except for losses due to plant disease; (2) For plant disease, the time period, as determined by the Deputy Administrator, for which the stand is infected. (c) Mortality or damage loss not eligible for inclusion as a qualifying loss under this section or for payment under § 1416.406 includes those losses where: (1) The loss or damage could have been prevented through reasonable and available measures; and (2) The trees, bushes, or vines, in the absence of a natural disaster, would normally have required rehabilitation or replanting within the 12-month period following the loss. (d) The damage or loss must be visible and obvious to the county committee representative. If the damage is no longer visible, the county committee may accept other evidence of the loss as it determines is reasonable. (e) The county committee may require information from a qualified expert, as determined by the county committee, to determine extent of loss in the case of plant disease or insect infestation. (f) The Deputy Administrator will determine the types of trees, bushes, and vines that are eligible. (g) A stand that did not suffer a qualifying mortality loss as specified in paragraph (a) of this section is not eligible for payment.… | |||
| 7:7:10.1.2.2.13.5.330.5 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | E | Subpart E—Tree Assistance Program | § 1416.404 Eligible orchardists and nursery tree growers. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49472, Oct. 2, 2018; 85 FR 10968, Feb. 26, 2020] | (a) Once the requisite qualifying eligible mortality loss is determined according to § 1416.403, to be eligible for TAP payments, the eligible orchardist or nursery tree grower must: (1) Have planted, or be considered to have planted (by purchase prior to the loss of existing stock planted for commercial purposes) trees, bushes, or vines for commercial purposes, or have a production history, for commercial purposes, of planted or existing trees, bushes, or vines; (2) Have suffered eligible losses of eligible trees, bushes, or vines, as a result of a natural disaster or related condition; (3) Have continuously owned the stand from the time of the disaster until the time that the TAP application is submitted. (b) A new owner of an orchard or nursery who does not meet the requirements of paragraph (a) of this section may receive TAP payments approved for the previous owner of the orchard or nursery and not paid to the previous owner, if the previous owner of the orchard or nursery agrees to the succession in writing and if the new owner: (1) Acquires ownership of trees, bushes, or vines for which benefits have been approved; (2) Agrees to complete all approved practices that the original owner has not completed; and (3) Otherwise meets and assumes full responsibility for all provisions of this part, including refund of payments made to the previous owner, if applicable. (c) A producer seeking payment must not be ineligible under the restrictions applicable to citizenship and foreign corporations contained in § 1416.3(b) and must meet all other requirements of subpart A of this part. (d) Federal, State, and local governments and agencies and political subdivisions thereof are not eligible for payment under this subpart. | |||
| 7:7:10.1.2.2.13.5.330.6 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | E | Subpart E—Tree Assistance Program | § 1416.405 Application. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49472, Oct. 2, 2018; 85 FR 10968, Feb. 26, 2020] | (a) To apply for TAP, a producer that suffered eligible tree, bush, or vine losses must provide an application for payment and supporting documentation to FSA or within 90 calendar days of the disaster event or date when the loss of trees, bushes, or vines is apparent to the producer. (b) The producer must submit the application for payment within the time specified in paragraph (a) of this section to the FSA administrative county office that maintains the producer's farm records for the agricultural operation. (c) A complete application includes all of the following: (1) A completed application form provided by FSA; (2) An acreage report for the farming operation as specified in part 718, subpart B, of this title; (3) Subject to verification and a loss amount determined appropriate by the county committee, a written estimate of the number of trees, bushes, or vines lost or damaged that is certified by the producer or a qualified expert, including the number of acres on which the loss occurred; (4) Sufficient evidence of the loss to allow the county committee to calculate whether an eligible loss occurred; and (5) A farm operating plan, if a current farm operating plan is not already on file in the FSA county office. (d) Before requests for payment will be approved, the county committee: (1) Must make an eligibility determination based on a complete application for assistance; (2) Must verify actual qualifying losses and the number of acres involved by on-site visual inspection of the land and the trees, bushes, or vines; (3) May request additional information and may consider all relevant information in making its determination; and (4) Must verify actual costs to complete the practices, as documented by the producer. | |||
| 7:7:10.1.2.2.13.5.330.7 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | E | Subpart E—Tree Assistance Program | § 1416.406 Payment calculations. | CCC | [79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49472, Oct. 2, 2018; 85 FR 10968, Feb. 26, 2020] | (a) Once the loss threshold in § 1416.403(a) is satisfied, payment to an eligible orchardist or nursery tree grower for the cost of replanting or rehabilitating trees, bushes, or vines damaged or lost due to a natural disaster, in excess of 15 percent damage or mortality (adjusted for normal damage or mortality), will be calculated as follows: (1) For the cost of planting seedlings or cuttings, to replace lost trees, bushes, or vines, the lesser of: (i) 65 percent of the actual cost of the practice for eligible producers, or 75 percent of the actual cost of the practice for an eligible producer who is a beginning or veteran farmer or rancher, or (ii) The amount calculated using rates established by the Deputy Administrator for the practice. (2) For the cost of pruning, removal, and other costs incurred for salvaging damaged trees, bushes, or vines, or in the case of mortality, to prepare the land to replant trees, bushes, or vines, the lesser of: (i) 50 percent of the actual cost of the practice for eligible producers, or 75 percent of the actual cost of the practice for an eligible producer who is a beginning or veteran farmer or rancher, or (ii) The amount calculated using rates established by the Deputy Administrator for the practice. (b) An orchardist or nursery tree grower that did not plant the trees, bushes, or vines, but has a production history for commercial purposes on planted or existing trees and lost the trees, bushes, or vines as a result of a natural disaster, in excess of 15 percent mortality (adjusted for normal mortality), will be eligible for the salvage, pruning, and land preparation payment calculation as specified in paragraph (a)(2) of this section. To be eligible for the replanting payment calculation as specified in paragraph (a)(1) of this section, the orchardist or nursery grower who did not plant the stock must be a new owner who meets all of the requirements of § 1416.404(b) or be considered the owner of the trees under provisions appearing elsewhere in this subpart. (c) Elig… | |||
| 7:7:10.1.2.2.13.5.330.8 | 7 | Agriculture | XIV | B | 1416 | PART 1416—EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS | E | Subpart E—Tree Assistance Program | § 1416.407 Obligations of a participant. | CCC | (a) Eligible orchardists and nursery tree growers must execute all required documents and complete the TAP-funded practice within 12 months of application approval. (b) Eligible orchardist or nursery tree growers must allow representatives of FSA to visit the site for the purposes of certifying compliance with TAP requirements. (c) Producers who do not meet all applicable requirements and obligations will not be eligible for payment. |
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