cfr_sections
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49 rows where agency = "CCC" and part_number = 1437 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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| 7:7:10.1.2.2.24.1.342.1 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.1 Applicability. | CCC | [79 FR 74571, Dec. 15, 2014, as amended at 85 FR 12218, Mar. 2, 2020] | (a) The purpose of the Noninsured Crop Disaster Assistance Program (NAP) is to help manage and reduce production risks faced by producers of eligible commercial crops or other agricultural commodities during a coverage period. NAP reduces financial losses that occur when natural disasters (damaging weather or adverse natural occurrence that is an eligible cause of loss) cause a loss of expected production or actual value for value loss crops, or where producers are prevented from planting an eligible crop because of an eligible cause of loss in a coverage period. (b) The provisions in this part are applicable to eligible producers and eligible crops for which catastrophic risk protection is not available under subsection (b) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) and additional coverage under subsections (c) and (h) of section 508 or, if coverage is available, it is only available under a policy that provides coverage for specific intervals based on weather indexes or under a whole farm plan of insurance. (c) The regulations in this part are applicable to the 2019 and subsequent crop years. | |||
| 7:7:10.1.2.2.24.1.342.10 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.10 Causes of loss. | CCC | [79 FR 74576, Dec. 15, 2014, as amended at 85 FR 12220, Mar, 2, 2020] | (a) To qualify for assistance, production losses or prevented planting must occur as a result of an eligible cause of loss during the coverage period. Not all causes of loss are eligible causes of loss for all crops or all commodities. (b) An eligible cause of loss is: (1) Damaging weather, including, but not limited to: (i) Drought; (ii) Hail; (iii) Excessive moisture; (iv) Freeze; (v) Tornado; (vi) Hurricane; (vii) Excessive wind; (viii) Lightning; (ix) Insufficient chill hours, but only for specific crops and locations for which FSA has determined in advance of a coverage period, based on FSA's review of sufficient scientific evidence that a requisite amount of chill hours is required for the crop to produce and a lack of chill hours is adverse to the crop's production without any regard to any management. In this context, “without regard to any management” means if a crop's inability to produce due to lack of chill hours can be mitigated by any managerial practices, application of chemical, or other management intervention, the lack of chill hours will not be included as an eligible cause of loss for the crop, In cases where FSA makes the decision to include insufficient chill hours as a cause of loss by itself for a crop and location, the crop and location and subsequent crop year coverage period for which the decision will apply will be specified in a list maintained by FSA. If the crop and location is not on that list, then insufficient chill hours can only be an eligible cause of loss if the insufficient chill hours were related to a damaging weather event or an adverse natural occurrence included in paragraphs (b)(1) or (2) of this section; or (x) Any combination of paragraphs (b)(1)(i) through (viii) of this section; (2) Adverse natural occurrence, including, but not limited to: (i) Earthquake; (ii) Flood; or (iii) Volcanic eruption; or (3) A condition related to an eligible cause of loss in paragraphs (b)(1) or (2) of this section (in this context, the related condition must result fro… | |||
| 7:7:10.1.2.2.24.1.342.11 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.11 Notice of loss, appraisal requirements, and application for payment. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 71 FR 13743, Mar. 17, 2006. Redesignated and amended at 79 FR 74574, 74577, 74583, Dec. 15, 2014; 85 FR 12220, Mar. 2, 2020] | (a) In addition to the written notice of loss requirements specified for all crops in paragraphs (b) and (c) of this section, for hand-harvested or rapidly deteriorating crops and for other crops determined by FSA, at least one producer having a share in the unit must notify FSA of the damage or loss through the administrative county office for the unit within 72 hours of the date damage or loss on the unit first becomes apparent. Notification required under this paragraph may be via telephone to the administrative county office during business hours or via written notice on a form prescribed by FSA as specified in paragraph (c) of this section. (b) Unless written notice for hand-harvested or rapidly deteriorating crops has already been provided within 72 hours of date of damage or loss as specified in paragraphs (a) and (c) of this section, in case of damage to any NAP covered crop, at least one producer having a share in the unit must file a notice of loss in the administrative county office: (1) For prevented planting claims, within 15 days after the final planting date; (2) For low yield claims and value loss claims, the earlier of: (i) 15 days after the disaster occurrence or date of loss or damage to the crop first becomes apparent; or (ii) 15 days after the normal harvest date. (c) The notice of loss specified in paragraph (b) of this section must be for each crop and be in writing on a form prescribed by FSA and include: (1) The alleged cause of crop damage; (2) Date the disaster occurred and when the damage or loss first became apparent; (3) A copy of the contract or agreement if a contract or agreement of a guaranteed payment for planted acreage exists; (4) The type of loss that occurred, for example, prevented planting or low yield; (5) Practices used, for example, irrigated or non-irrigated; (6) For prevented planting: (i) Total intended planted acreage of the crop on the unit; (ii) Total acreage of the crop planted on the unit; (iii) Whether seed, chemicals, fertilizer, etc. was purcha… | |||
| 7:7:10.1.2.2.24.1.342.12 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.12 Average market price and payment factors. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 71 FR 13744, Mar. 17, 2006. Redesignated and amended at 79 FR 74574, 74578, 74583, Dec. 15, 2014; 85 FR 12220, Mar. 2, 2020] | (a) An average market price will be used to calculate assistance under this part and will be: (1) A dollar value per the applicable unit of measure of the eligible crop; (2) Determined on a harvested basis without the inclusion of transportation, storage, processing, marketing, or other post-harvest expenses, as determined by FSA; (3) Comparable with established FCIC prices; and (4) Determined, as practicable, for each intended use of a crop type within a State, as determined by FSA, for a crop year. (b) For each crop and location (State or county or other location as determined appropriate by FSA), FSA will establish an average market price using the following method: (1) Obtaining market prices for each crop for the 5 consecutive crop years beginning with the most recent year for which price data is available; then (2) Dropping the crop years in the 5 consecutive crop years with the highest and lowest prices; and then (3) Averaging the prices for the remaining 3 crop years in the 5 consecutive crop years; and (4) If 5 crop years of data is not available for determining the average market price, FSA will use the best data available, as determined by FSA, for as many crop years of average market price data as possible within the 5 consecutive crop years beginning with the most recent year for which price data is available and determine an average market price for the crop by computing a simple average of the prices for those years. (c) FSA will disregard small differences in prices for a crop based on different types or varieties or various intended uses. If FSA determines there is a significant amount of production being marketed in a location or region at significantly different prices, FSA will determine whether or not to establish different average market prices for subsequent crop years. (d) Separate average market prices may be established within a State based on conventional or organic practices or the intended market, as determined by FSA. (e) For these purposes, where needed, an Animal-unit-d… | |||
| 7:7:10.1.2.2.24.1.342.13 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.13 Crop definition. | CCC | [67 FR 12448, Mar. 19, 2002. Redesignated and amended at 79 FR 74574, 74583, Dec. 15, 2014] | (a) For the purpose of providing benefits under this part, FSA will, at its discretion, define crops as specified in this section. (b) FSA may separate or combine types and varieties as a crop when specific credible information as determined by FSA is provided showing the crop of a specific type or variety has a significantly different or similar value when compared to other types or varieties, as determined by FSA. (c) FSA may recognize two or more different crops planted on the same acreage intended for harvest during the same crop year as two or more separate crops. The crop acreage may include a crop intended for harvest before planting of a succeeding crop or a succeeding crop interseeded with the preceding crop prior to intended harvest of the preceding crop. The acreage must be in an area where the practice is recognized as a good farming practice, as determined by FSA, and all crops are recognized by FSA as able to achieve the expected yield, as determined by FSA. (d) FSA may consider crop acreage that is harvested more than once during the same crop year from the same plant as a single crop. The acreage must be in an area where the practice is recognized as a good farming practice, as determined by FSA. (e) FSA may consider each planting period of multiple planted acreage as a separate crop. The acreage must be in an area where the practice is recognized as a good farming practice, as determined by FSA. (f) FSA may define forage as separate crops according to the intended method of harvest, either mechanical harvest or grazed. (g) Forage acreage intended to be grazed may be further defined as warm and cool season forage crops. (h) Forage acreage intended to be mechanically harvested may be defined as a separate crop from grazed forage and may be separated based upon the commodity used as forage, to the extent such separation is allowed under paragraph (b) of this section. (i) Crop acreage intended for the production of seed may be considered a separate crop from other intended uses, as determined… | |||
| 7:7:10.1.2.2.24.1.342.14 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.14 Multiple benefits. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 78 FR 21018, Apr. 9, 2013. Redesignated and amended at 79 FR 74574, 74579 Dec. 15, 2014] | (a) If a producer is eligible to receive payments under this part and benefits under any other program administered by the Secretary for the same crop loss, the producer must choose whether to receive the other program benefits or payments under this part, but will not be eligible for both. The limitation on multiple benefits prohibits a producer from being compensated more than once for the same loss. (b) The limitation on multiple benefits specified in paragraph (a) of this section will not apply to: (1) Emergency Loans made under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961-1970). (2) Livestock Forage Disaster Program (LFP) payments as specified in part 1416 of this chapter, (3) Tree Assistance Program (TAP) payments as specified in part 1416 of this chapter, or (4) Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP) payments as specified in part 1416 of this chapter. (c) The restriction on multiple benefits does not relieve the producer from the requirements of making a production and acreage report. (d) If the other USDA program benefits are not available until after an application for benefits has been filed under this part, the producer may, to avoid this restriction on such other benefits, refund the total amount of the payment to the administrative county office from which the payment was received. | |||
| 7:7:10.1.2.2.24.1.342.15 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.15 Payment and income limitations. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 78 FR 21019, Apr. 9, 2013. Redesignated and amended at 79 FR 74574, 74579, Dec. 15, 2014] | (a) The provisions of part 1400 of this title apply to NAP. (b) CCC will pay, for up to one year, simple interest on payments to producers which are delayed. Interest will be paid on the net amount ultimately found to be due, and will begin accruing on the 31st day after the date the producer signs, dates, and submits a properly completed application for payment on the designated form, or the 31st day after a disputed application is adjudicated. Interest will be paid unless the reason for failure to timely pay is due to the producer's failure to provide information or other material necessary for the computation of payment, or there was a genuine dispute concerning eligibility for payment. | |||
| 7:7:10.1.2.2.24.1.342.16 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.16 Miscellaneous provisions. | CCC | [67 FR 12448, Mar. 19, 2002. Redesignated and amended at 79 FR 74574, 74579, 74583, Dec. 15, 2014; 85 FR 12220, Mar. 2, 2020] | (a) To be eligible for benefits under this part, producers must be in compliance with the highly erodible land and wetlands provisions of part 12 of this title. (b) The provisions of § 718.11 of this title, providing for ineligibility for benefits for offenses involving controlled substances, apply. (c) A person is ineligible to receive assistance under this part for the crop year plus two subsequent crop years if it is determined by the State or county committee or an official of FSA that such person has: (1) Adopted any scheme or other device that tends to defeat the purpose of a program operated under this part; (2) Made any fraudulent representation with respect to such program; or (3) Misrepresented any fact affecting a program determination. (d) All amounts paid by FSA to any such producer, applicable to the crop year in which a violation of this part occurs, must be refunded to FSA together with interest and other amounts as determined appropriate to the circumstances by FSA. FSA may assess liquidated damages of 10 percent of the projected or received NAP payment for the crop or commodity in violation. Liquidated damages are in addition to any refund of program benefits and are not considered a penalty. (e) All persons with a financial interest in the operation receiving benefits under this part are jointly and severally liable for any refund, including related charges, which is determined to be due FSA for any reason under this part. (f) In the event that any request for assistance or payments under this part was established as result of erroneous information or a miscalculation, the assistance or payment will be recalculated and any excess refunded with applicable interest. (g) The liability of any person for any penalty under this part is in addition to any other liability under any civil or criminal fraud statute or any other provision of law. (h) The appeal regulations at parts 11 and 780 of this title apply to decisions made according to this part. (i) Any payment or portion thereof to any… | |||
| 7:7:10.1.2.2.24.1.342.17 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.17 Matters of general applicability. | CCC | [79 FR 74579, Dec. 15, 2014] | (a) The regulations in this part and FSA's interpretation of the regulations in this part, the basic provisions, 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 FSA decisions that are not based on specific facts derived from an individual participant's application, contract, or file are not appealable under parts 11 or 780 of this title. Examples of such decisions include how NAP is generally administered, signup deadlines, payment rates, or any other generally applicable matter or determination that is made by FSA for use in all similarly situated applications. The only extent to which the matters referenced in this section are reviewable administratively in an appeal forum is whether FSA's determination of facts incidental to the case and decision to apply the generally applicable matter is in conformance with the regulations in this part. (b) The relief provisions of 7 CFR part 718 are applicable only to participant 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 all the eligibility and compliance requirements 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. | |||
| 7:7:10.1.2.2.24.1.342.2 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.2 Administration. | CCC | [79 FR 74571, Dec. 15, 2014] | (a) NAP is administered under the general supervision of the Administrator, Farm Service Agency (FSA) (who also serves as the Commodity Credit Corporation (CCC) Executive Vice President), and the Deputy Administrator for Farm Programs, FSA, (referred to as “Deputy Administrator” in this part). NAP is carried out by FSA State and county committees (State and county committees) with instructions issued by the Deputy Administrator. (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 in this part, NAP's basic provisions, or instructions issued by the Deputy Administrator. (c) The State committee will take any action required by the regulations in 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 in this part; or (2) Require a county committee to withhold taking any action that is not in accordance with this part. (d) No delegation to a State or county committee precludes the FSA Administrator, the Deputy Administrator, or a designee, from determining any question arising under NAP or from reversing or modifying any determination made by a State or county committee. (e) The Deputy Administrator has the authority to permit State and county committees to waive or modify deadlines (except deadlines specified in a law) and other requirements or program provisions not specified in law, in cases where lateness or failure to meet such other requirements or program provisions do not adversely affect operation of NAP. (1) Producers and participants have no right to a decision in response to a request to waive or modify deadlines or program provisions. The Deputy Administrator's refusal to consider such a request or a decision not to exercise this discretionary authority under this section is not an adverse decision and is not appealable. (2) FS… | |||
| 7:7:10.1.2.2.24.1.342.3 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.3 Definitions. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 71 FR 13742, Mar. 17, 2006; 76 FR 4805, Jan. 27, 2011; 78 FR 21018, Apr. 9, 2013; 79 FR 74572, 74583, Dec. 15, 2014; 85 FR 12218, Mar. 2, 2020; 88 FR 1891, Jan. 11, 2023] | The terms and definitions in this section apply to NAP. The terms and definitions in part 718 of this title and part 1400 of this chapter also apply to NAP, except where those same terms are defined in this section. In that case, the terms and definitions of this section apply. Abandoned means to have discontinued care for a crop or provided care so insignificant as to provide no benefit to the crop, or failed to harvest in a timely manner. Acres devoted to the eligible crop means the total planted and considered planted (P&CP) acres of the eligible crop. Additional coverage means insurance coverage offered by the Federal Crop Insurance Corporation under sections 508(c) or 508(h) of the Federal Crop Insurance Act. Administrative county office means the county FSA office designated to make determinations, handle official records, and issue payments for the producer in accordance with 7 CFR part 718. Agricultural experts means persons who are employed by the National Institute of Food and Agriculture, or the agricultural departments of universities, or other persons approved by FSA, whose research or occupation is related to the specific crop or practice for which such expertise is sought. Animal Unit Days (AUD) means an expression of expected or actual stocking rate for pasture or forage. Application closing date means the last date, as determined by FSA, producers can submit an application for coverage for noninsured crops for the specified crop year and coverage period. Application for coverage means: (1) The form specified by FSA to be completed by a producer applying for NAP coverage for an eligible crop that is accompanied by the service fee or the service fee waiver form, or (2) Another applicable form, designated by the Deputy Administrator to qualify as an application for NAP, that the producer has on file with FSA before the deadline for application for the coverage period which certifies they are eligible for a service fee waiver. Basic provisions means the document summarizing the te… | |||
| 7:7:10.1.2.2.24.1.342.4 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.4 Eligibility. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 67 FR 62324, Oct. 7, 2002; 71 FR 13742, Mar. 17, 2006; 78 FR 21018, Apr. 9, 2013; 79 FR 74573, 74583, Dec. 15, 2014; 85 FR 12218, Mar. 2, 2020] | (a) Noninsured crop disaster assistance is available during the coverage period specified in § 1437.6 for loss of production or loss of value for value loss crops or prevented planting of eligible commercial crops or other eligible agricultural commodities: (1) Planted during the planting period, which means the time during which a majority of the crop is normally planted in the area, as determined by FSA, and is considered timely-planted for NAP purposes; (2) Prevented from being planted during the planting period; (3) Planted during the late planting period, which means the time after the planting period, during which certain crops, as determined by FSA, may be planted and remain eligible for reduced NAP coverage; and (4) Determined by FSA to be eligible crops for which: (i) Catastrophic risk protection and additional coverage under the Federal Crop Insurance Act (7 U.S.C. 1508(b), (c), and (h)) are not available or, if coverage is available, it is only available under a policy that provides coverage for specific intervals based on weather indexes or under a whole farm plan of insurance; or (ii) These specific practices for these crops are not included under the Federal Crop Insurance Act (7 U.S.C. 1508), but only when the Deputy Administrator determines in advance of a coverage period that the specific practice is appropriate for NAP coverage and is not available for coverage under Federal crop insurance. (iii) The producer applies good farming practices. (b) When other conditions are met, NAP may be available for an eligible loss of: (1) Any commercial crop grown for food, excluding livestock and their by-products; (2) Any commercial crop planted and grown for livestock consumption, including but not limited to grain and forage crops; (3) Any commercial crop grown for fiber, excluding trees grown for wood, paper, or pulp products; and (4) Any commercial production of: (i) Aquacultural species (including ornamental fish); (ii) Floricultural crops; (iii) Ornamental nursery plants; (iv) Christmas… | |||
| 7:7:10.1.2.2.24.1.342.5 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.5 Coverage levels. | CCC | [79 FR 74574, Dec. 15, 2014, as amended at 85 FR 12219, Mar. 2, 2020] | (a) NAP coverage for prevented planting is provided for approved prevented planting of an eligible NAP covered crop due to an eligible cause of loss in the coverage period. Payment is based on the approved prevented planted acreage in excess of 35 percent of the total intended acres to be planted. (b) Except as provided in paragraph (d) of this section, NAP coverage is equal to 50 percent of the yield or inventory value specified in paragraph (c) of this section at 55 percent of the average market price established by FSA. (c) Except as provided in paragraph (d) of this section, to be eligible for a NAP payment a producer must have suffered a yield or inventory value loss greater than 50 percent as the result of an eligible cause of loss in the coverage period as follows: (1) For yield-based crops, a yield loss in excess of 50 percent of the approved yield; (2) For value loss crops, a loss of value in excess of 50 percent of the total value of eligible inventory at the time of disaster; (d) Subject to paragraph (e) of this section, producers of eligible NAP crops, other than crops and grasses intended for grazing, may elect buy-up coverage at 100 percent of the average market price in amounts of 50 percent to 65 percent, in 5 percent increments, of: (1) For yield-based crops, the approved yield; and (2) For value loss crops, the lesser of the total value of eligible inventory at the time of disaster or the maximum dollar value for coverage sought. (e) A producer cannot obtain buy-up coverage for a crop if the producer has not successfully produced the crop in a previous year for which documentation exists and that documentation shows that the crop can be successfully grown by the producer in the county. Production of the crop is considered to be successful if the producer produced at least 50 percent of the county expected yield for the same county for which buy-up coverage is sought, unless the producer suffered a loss on the crop due to an eligible cause of loss in § 1437.10. If not already provided to … | |||
| 7:7:10.1.2.2.24.1.342.6 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.6 Coverage period. | CCC | [79 FR 74574, Dec. 15, 2014, as amended at 85 FR 12219, Mar. 2, 2020; 88 FR 1891, Jan. 11, 2023] | (a) Coverage period. The coverage period is the time during which coverage is available against prevented planting, a loss of production, or loss of value, as applicable, of the eligible crop as a result of an eligible cause of loss specified in § 1437.10. Except as provided in paragraph (h) of this section, coverage periods start no earlier than 1 calendar day after date of filing of a valid application for coverage as specified in § 1437.7. (1) If an application for coverage is filed within 30 calendar days of the end of a coverage period, the application for coverage is invalid and will not be processed by FSA. In the event the application for coverage is invalid as discussed in this paragraph, service fees will not be refunded. (2) Except as provided in paragraph (h) of this section, coverage is never retroactive. (b) Annual crops. Except as provided in paragraph (h) of this section, the coverage period for annual crops, including annual forage crops, (1) Begins the later of: (i) 1 calendar day after the date the application for coverage is filed; or (ii) The date the crop is planted, not to exceed the late planting period; and (2) Ends on the earlier of: (i) The date harvest is complete; (ii) The normal harvest date of the crop in the area; (iii) The date the crop is abandoned; or (iv) The date the crop is destroyed. (c) Biennial and perennial crops. Except as otherwise specified in this part, the coverage period for biennial and perennial crops begins the later of 1 calendar day after the date the application for coverage is filed or 1 calendar day after the application closing date. The coverage ends as determined by FSA. (d) Value loss crops. Except as otherwise specified in this part, the coverage period for value loss crops, including ornamental nursery, aquaculture, Christmas tree crops, ginseng, and turfgrass sod; and other eligible crops, including floriculture and mushrooms begins the later of 1 calendar day after the date the application for coverage is filed or 1 calendar day … | |||
| 7:7:10.1.2.2.24.1.342.7 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.7 Application for coverage, service fee, premium, transfers of coverage, and acreage report. | CCC | [79 FR 74575, Dec. 15, 2014, as amended at 85 FR 12219, Mar. 2, 2020; 88 FR 1892, Jan. 11, 2023] | (a) Except as provided in paragraph (i) of this section, with respect to each crop, commodity, or acreage, producers must file an application for coverage under this part by the application closing date. (b) The service fee or certification of eligibility for a service fee waiver specified in paragraph (g) of this section must accompany the application for coverage in order for it to be considered filed. The service fee is: (1) For applications filed by April 7, 2019, $250 per crop per administrative county, up to $750 per producer per administrative county, not to exceed $1,875 per producer; and (2) For applications filed on or after April 8, 2019, $325 per crop per administrative county, up to $825 per producer per administrative county, not to exceed $1,950 per producer. (c) The service fee will be applied per administrative county by crop and by planting period, as determined by FSA. (d) Producers who elect buy-up coverage must pay a premium, in addition to the service fee, equal to the lesser of: (1) The product obtained by multiplying: (i) A 5.25-percent premium fee; and (ii) The applicable payment limit; or (2) The sum of the premiums for each eligible crop, with the premium for each eligible crop obtained by multiplying: (i) The producer's share of the eligible crop; (ii) The number of acres devoted to the eligible crop; (iii) The approved yield; (iv) The coverage level elected by the producer; (v) The average market price; and (vi) A 5.25-percent premium fee. (e) For value loss crops, premiums will be equal to the lesser of: (1) The product obtained by multiplying: (i) A 5.25-percent premium fee; and (ii) The applicable payment limit; or (2) The sum of the premiums for each eligible crop, with the premium for each eligible crop obtained by multiplying: (i) The maximum dollar value for which coverage is sought by the applicant; (ii) The coverage level elected by the producer; and (iii) A 5.25-percent premium fee. (f) Premiums will be calculated separately for each crop, type, and i… | |||
| 7:7:10.1.2.2.24.1.342.8 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.8 Records. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 71 FR 13742, Mar. 17, 2006. Redesignated and amended at 79 FR 74574, 74575, 74583, Dec. 15, 2014; 85 FR 12220, Mar. 2, 2020; 85 FR 16232, Mar. 23, 2020] | (a) Producers must maintain accurate records of crop acreage, acreage yields, and production for the crop for which an application for coverage is filed in accordance with § 1437.7. For those crops or commodities for which it is impractical, as determined by FSA, to maintain crop acreage, yields, or production data, producers must maintain records, in addition to the available records required by this section, as may be required in subparts C, D, and E of this part. Producers must retain records of the production and acreage yield for a minimum of 3 years for each crop for which an application for coverage is filed in accordance with § 1437.7. Producers may be selected and be required to provide records acceptable to FSA to support any certification provided. For each harvested crop for which producers file an application for payment in accordance with § 1437.11, producers must provide documentary evidence acceptable to FSA of production and the date harvest was completed, including production of crops planted after the planting period or late planting period. Such documentary evidence must be provided no later than the acreage reporting date for the crop in the subsequent crop year or, for crops with a coverage period of more than 12 months, no later than 60 days after the normal harvest date. Records of a previous crop year's production for inclusion in the actual production history database used to calculate an approved yield for the current crop year must be certified by the producer no later than the acreage reporting date for the crop in the current crop year. Production data provided after the acreage reporting date in the current crop year for the crop may be included in the actual production history data base for the calculation of subsequent approved yield calculations if accompanied by acceptable records of production as determined by FSA. Certifications must be accompanied by a record of production; records of production acceptable to FSA may include: (1) Commercial receipts, settlement sheets, wareh… | |||
| 7:7:10.1.2.2.24.1.342.9 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | A | Subpart A—General Provisions | § 1437.9 Unit definition. | CCC | [71 FR 13743, Mar. 17, 2006. Redesignated at 79 FR 74574, Dec. 15, 2014] | (a) The unit identifies the interest of the producer in the administrative county on the basis of the unique relationship of the owner to one or more operators. The unit is the foundation for all determinations of acreage, production, value, AUD, approved yields, requisite losses, payments, and other program requirements. (b) Separate and distinct units are: (1) One-hundred percent interest as owner/operator; (2) Less than one-hundred percent interest as owner or operator; or (3) Less than one-hundred percent interest, as owner or operator in an inverse relationship. | |||
| 7:7:10.1.2.2.24.2.342.1 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | B | Subpart B—Determining Yield Coverage Using Actual Production History | § 1437.101 Actual production history. | CCC | [71 FR 13744, Mar. 17, 2006] | Actual production history (APH) is the unit's record of crop yield by crop year for the APH base period. The APH base period consists of ten crop years of actual yield, T-yield, assigned yield, and zero credited yield, immediately preceding the crop year for which an approved yield is calculated in accordance with this part. APH will be used, except as otherwise indicated in this part, as the basis for providing noninsured crop disaster assistance. | |||
| 7:7:10.1.2.2.24.2.342.2 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | B | Subpart B—Determining Yield Coverage Using Actual Production History | § 1437.102 Yield determinations. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 71 FR 13744, Mar. 17, 2006; 76 FR 4805, Jan. 27, 2011; 79 FR 74579, 74583, Dec. 15, 2014] | (a) An actual yield is the total amount of harvested and appraised production from unit acreage for the crop year on a per-acre, or other basis, as applicable. (b) A T-yield (county expected yield): (1) Is the Olympic average (disregarding the high and low yields) of historical yields of the crop in the county for the five consecutive crop years immediately preceding the previous crop year. For example, for the 2015 crop year, the five consecutive crop years immediately preceding the previous crop year would be 2009 through 2013. (2) Will be the same as the FCIC transitional yield if crop insurance is available for the crop, (but not necessarily for the cause of loss if excluded by policy provisions), in the administrative county. (3) Will be calculated so as to be comparable to the FCIC transitional yield most reasonable to the area if crop insurance was available for the crop (but not necessarily for the cause of loss) in contiguous counties, but not in the immediate county. (4) Will be based on the most representative available historical information, as determined by FSA, from such sources as, but not limited to, actual acreage and production data of participating producers in the county; or in similar areas; National Agricultural Statistics Service data; National Institute of Food and Agriculture records, Federal Crop Insurance data, and credible non-government studies. Such data is based on the acreage intended for harvest. (5) May be adjusted on an administrative county-wide basis for: (i) Yield variations due to different farming practices in the administrative county such as irrigated and non-irrigated; and (ii) Cultural practices when such practices in the administrative county are different from those used on acreage to establish the yield. (6) Will be adjusted on a State-wide basis, for crops grown on certified organic and transitional acreage for which FSA has established a separate organic price as specified in § 1437.12(b), based on an average of FCIC organic yield reductions, as determine… | |||
| 7:7:10.1.2.2.24.2.342.3 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | B | Subpart B—Determining Yield Coverage Using Actual Production History | § 1437.103 Late-planted acreage. | CCC | [79 FR 74580, Dec. 15, 2014] | (a) Producers planting crop acreage after the final planting date and during the late planting period, as determined by FSA, may be eligible for reduced coverage as specified in paragraphs (b) and (c) of this section. (b) Crops with multiple planting periods and value loss crops are not eligible for reduced coverage for late planting. Exceptions to this are the last planting period of multiple planted crops and multiple-planting periods having a defined gap of 60 days or more between harvest date of the previous planting period and beginning of the immediately following planting period. (c) For crops with a growing period of: (1) 60 days or less and planted: (i) From 1 to 5 calendar days after the final planting date, production will be assigned equal to 5 percent of unit expected production for each day the crop is actually planted after the final planting date; (ii) From 6 days after the final planting date, production will be assigned equal to the unit guarantee for the late planted crop acreage. (2) 61 to 120 calendar days and planted: (i) From 1 to 5 calendar days after the final planting date, production will be assigned equal to 5 percent of expected unit production of the applicable late-planted crop acreage and for days 6 through 20 an additional 1 percent for each day the crop is planted after the final planting date; (ii) From 21 days after the final planting date, production will be assigned equal to the unit guarantee for the late planted crop acreage. (3) 121 calendar days or more and planted: (i) From 1 to 5 calendar days after the final planting date, production will be assigned equal to 5 percent of expected production of the applicable late-planted crop acreage and for days 6 through 25 an additional 1 percent for each day the crop is planted after the final planting date. (ii) From 26 or more calendar days after the final planting date, production will be assigned equal to unit guarantee of the producer's expected production of the applicable late-planted crop acreage. | |||
| 7:7:10.1.2.2.24.2.342.4 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | B | Subpart B—Determining Yield Coverage Using Actual Production History | § 1437.104 Assigned production. | CCC | [71 FR 13745, Mar. 17, 2006, as amended at 79 FR 74580, 74583, Dec. 15, 2014] | (a) When determining losses under this section, assigned production will be used to offset the loss of production when, as determined by FSA, any of the following has occurred: (1) The loss is a result of an ineligible cause of loss and the loss has not been otherwise accounted for. (2) The unit acreage was destroyed without consent notwithstanding § 1437.11(e). (3) The producer has a contract to receive a guaranteed payment for all or a portion of the production, as opposed to or regardless of delivery of such production. (4) The crop is planted after the STC-established final planting date according to § 1437.103. (5) Irrigation equipment is not capable of supplying adequate water to sustain the expected production of a normal irrigated crop. (6) For normal irrigated annual, biennial, and perennial crops, the irrigation practice is not used. (7) For normal irrigated annual and biennial crops, the supply of available water at the beginning of the crop year is not adequate. (8) For normal irrigated perennial crops, the supply of available water at the beginning of the crop year is not adequate as a result of an ineligible cause of loss. | |||
| 7:7:10.1.2.2.24.2.342.5 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | B | Subpart B—Determining Yield Coverage Using Actual Production History | § 1437.105 Determining payments for low yield. | CCC | [67 FR 12448, Mar. 19, 2002. Redesignated and amended at 71 FR 13745, 13746, Mar. 17, 2006; 78 FR 21019, Apr. 9, 2013; 79 FR 74580, Dec. 15, 2014] | (a) Except to the extent that the loss calculation provisions of other subparts apply, and subject to limitations set out elsewhere in this part and in this title and to the availability of funds, payments under this part will be made on eligible crops with eligible losses by: (1) Multiplying the total acres devoted to the eligible crop by the producers share, and subject to provisions for specific crops provided elsewhere in this part; (2) Multiplying the product of paragraph (a)(1) of this section by 50, 55, 60, or 65 percent, as selected by the producer as specified in § 1437.5; of the approved yield per acre for the commodity for the producer. (3) Multiplying the net production of the total eligible acreage by the producer's share; (4) Subtracting the product of paragraph (a)(3) of this section from the product of paragraph (a)(2) of this section; (5) Multiplying the amount calculated as specified in paragraph (a)(4) of this section by 55 or 100 percent (selected by the producer as specified in § 1437.5) of the final payment price calculated as specified in § 1437.12; and (6) Adding the producer's share of any salvage value and secondary use and subtracting the result from the result of paragraph (a)(5) of this section. (b) Further adjustments may be made as needed to accomplish the purposes and goals of the program. (c) The crops and locations eligible for quality adjustments will be determined by the Deputy Administrator in advance of the coverage period, only if supporting documentation of industry standards for quality adjustments are available. For specific crops and locations determined by the Deputy Administrator for which buy-up coverage under § 1437.5(d) is elected and for which adjustments to net production based on quality losses will be authorized for a coverage period in accordance with this paragraph, producers may opt for an adjustment of net production of a covered crop as specified in paragraph (a)(3) of this section based on a specific measure of quality against a set of standards th… | |||
| 7:7:10.1.2.2.24.2.342.6 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | B | Subpart B—Determining Yield Coverage Using Actual Production History | § 1437.106 Honey. | CCC | [67 FR 12448, Mar. 19, 2002. Redesignated at 71 FR 13745, Mar. 17, 2006, as amended at 79 FR 74581, Dec. 15, 2014] | (a) Honey production eligible for benefits under this part includes table and non-table honey produced commercially. (b) All of a producer's honey will be considered a single crop, regardless of type or variety of floral source or intended use. (c) The crop year for honey production is the calendar year, January 1 through December 31. (d) In addition to filing a report of acreage in accordance with § 1437.8, honey producers must provide a record of colonies to FSA. The report of colonies must be filed before the crop year for which producers seek to maintain coverage. The report of colonies must include: (1) The address of the producer's headquarters and FSA farm serial number, if available; (2) Names and shares of each person sharing in the honey produced from the unit; (3) The number of all colonies of bees belonging to the unit; (4) The names of counties in which colonies of bees are located as of the date of the report; and (5) A certification of the number of colonies reported including all colonies from which production is expected. (e) The honey unit consists of all the producer's bee colonies, regardless of location. (f) Producers must designate a FSA office as the control office for the honey operation. Producers must complete the following actions only in the control office: (1) File an application for coverage; (2) File a report of colonies; (3) Report total unit production; and (4) Request to change a unit's control office. (g) Actions that may be taken in any administrative county office includes: (1) Designating or selecting another control office; or (2) Filing a notice of loss in accordance with § 1437.11. (h) Producers must notify the control office designated in accordance with paragraph (f) of this section within 30 calendar days of the date of: (1) Any changes in the total number of colonies; and (2) The movement of any colonies into any additional counties. (i) Payments will be based on the amount of losses for this community based on the applicable guarantee at a rate de… | |||
| 7:7:10.1.2.2.24.2.342.7 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | B | Subpart B—Determining Yield Coverage Using Actual Production History | § 1437.107 Maple sap. | CCC | [67 FR 12448, Mar. 19, 2002. Redesignated at 71 FR 13745, Mar. 17, 2006; 79 FR 74581, Dec. 15, 2014] | (a) NAP assistance for maple sap is limited to maple sap produced on private property for sale as sap or syrup. Eligible maple sap must be produced from trees that: (1) Are located on land the producer controls by ownership or lease; (2) Are managed for production of maple sap; (3) Are at least 30 years old and 12 inches in diameter; and (4) Have a maximum of 4 taps per tree according to the tree's diameter. (b) The crop year for maple sap production is the calendar year, January 1 through December 31. (c) If producers file an application for coverage in accordance with § 1437.7, tree acreage containing trees from which maple sap is produced or is to be produced must be reported to FSA no later than the beginning of the crop year. (d) In addition to the applicable records required under § 1437.8, producers must report the: (1) Total number of eligible trees on the unit; (2) Average size and age of producing trees; and (3) Total number of taps placed or anticipated for the tapping season. (e) A maximum county-expected-yield for maple sap is 10 gallons of sap per tap per crop year unless acceptable documentary evidence, as determined by FSA, is available to FSA to support a higher county-expected-yield. (f) The average market price for maple sap must be established for the value of the sap before processing into syrup. If price data is available only for maple syrup, this data must be converted to a maple sap basis. The wholesale price for a gallon of maple syrup is multiplied by 0.00936 to arrive at the average market price of a gallon of maple sap. (g) The actual production history for maple sap will be recorded on the basis of gallons of sap per tap. (h) The unit's expected production is determined by: (1) Multiplying the number of taps placed in eligible trees; by (2) The approved per tap yield as determined in accordance with § 1437.102. (i) Payments will be based on the amount of losses for this community based on the applicable guarantee at a rate determined in accord with this part and the … | |||
| 7:7:10.1.2.2.24.2.342.8 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | B | Subpart B—Determining Yield Coverage Using Actual Production History | § 1437.108 Hemp. | CCC | [85 FR 12220, Mar. 2, 2020] | (a) Hemp is eligible for NAP coverage only if the hemp is: (1) Grown under an official certification or license issued by the applicable governing authority that permits the production of the hemp; (2) Grown under a hemp processor contract executed by the applicable acreage reporting date; and (3) Planted for harvest as hemp in accordance with the requirements of the hemp processor contract and the production management practices of the hemp processor. (b) In addition to all other requirements under this part, a producer who obtains NAP coverage for hemp must submit by the acreage reporting date: (1) The certification or license number; (2) A copy of the certification form or official license issued by the applicable governing authority authorizing the producer to produce hemp; and (3) A copy of each fully executed hemp processor contract. (c) A producer must submit THC test results taken at harvest of the hemp crop. If the producer does not submit the THC test results, that production will not be included in the producer's actual yield for the purpose of determining a producer's APH under § 1437.101. (d) Hemp is not eligible for NAP coverage if it is planted on acres on which Cannabis, canola, dry beans, dry peas, mustard, rapeseed, soybeans in states as determined by the Deputy Administrator, or sunflowers were grown the preceding crop year. (e) Hemp that has a THC level above 0.3 percent: (1) Is not eligible for NAP benefits; and (2) Is not included in the producer's actual yield for the purpose of determining a producer's APH under § 1437.101. (f) Hemp will be ineligible for NAP payment for that NAP crop year if the producer's certification or license is terminated or suspended during that NAP crop year. | |||
| 7:7:10.1.2.2.24.2.342.9 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | B | Subpart B—Determining Yield Coverage Using Actual Production History | §§ 1437.109-1437.200 [Reserved] | CCC | |||||
| 7:7:10.1.2.2.24.3.342.1 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | C | Subpart C—Determining Coverage for Prevented Planted Acreage | § 1437.201 Prevented planting acreage. | CCC | [71 FR 13746, Mar. 17, 2006, as amended at 79 FR 74581,74583, Dec. 15, 2014] | (a) In addition to the provisions of this section, the provisions of § 718.103 of this title apply. (b) When determining losses under this section: (1) Producers must be prevented from planting more than 35 percent of the total eligible acreage intended for planting to the eligible crop and in the case of multiple planting, more than 35 percent of the total eligible acres intended to be planted within the applicable planting period. (2) Prevented planted acreage will be considered separately from low-yield losses of planted acreage of the same crop. (c) Acreage and units ineligible for prevented planting coverage includes, but is not limited to: (1) Value-loss crops, including, but not limited to, Christmas trees, aquaculture, and ornamental nursery; (2) Tree crops and other perennials, unless: (i) The producer can prove resources unique to the planting of tree crops and other perennials were available to plant, grow, and harvest the crop, as determined by FSA; and (ii) FSA has approved the planting period for the crop; (3) Uninsured crop acreage that is unclassified for insurance purposes; (4) Any acreage on which a crop was harvested, hayed, or grazed during the crop year; (5) Acreage of which the producer or any other person received a prevented planted payment for any crop for the same acreage, excluding share arrangements; and (6) Acreage planted during the late-planting period. | |||
| 7:7:10.1.2.2.24.3.342.2 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | C | Subpart C—Determining Coverage for Prevented Planted Acreage | § 1437.202 Determining payments for prevented planting. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 71 FR 13746, Mar. 17, 2006; 79 FR 74581, Dec. 15, 2014] | (a) Subject to limitations, availability of funds, and specific provisions dealing with specific crops, a payment for prevented planting will be determined by: (1) Adding the total planted and prevented-planted acres; (2) Multiplying the sum of paragraph (a)(1) of this section by .35; (3) Subtracting the product of paragraph (a)(2) of this section from the total prevented planted acres; (4) Multiplying the producer's share by the approved yield by the positive result of paragraph (a)(3) of this section; (5) Multiplying the producer's share by the assigned production; (6) Subtracting the product of paragraph (a)(5) of this section from the product of paragraph (a)(4) of this section; and (7) Multiplying the result of paragraph (a)(6) of this section by 55 or 100 percent, as selected by the producer as specified in § 1437.5, of the final payment price calculated under § 1437.12. (b) Yields for purposes of paragraph (a) of this section will be calculated in the same manner as for low-yield claims. | |||
| 7:7:10.1.2.2.24.3.342.3 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | C | Subpart C—Determining Coverage for Prevented Planted Acreage | §§ 1437.203-1437.300 [Reserved] | CCC | |||||
| 7:7:10.1.2.2.24.4.342.1 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | D | Subpart D—Determining Coverage Using Value | § 1437.301 Value loss. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 78 FR 21019, Apr. 9, 2013; 79 FR 74581, 74583, Dec. 15, 2014; 85 FR 12221, Mar. 2, 2020] | (a) Special provisions are required to assess losses and calculate assistance for a few crops and commodities that do not lend themselves to yield loss situations. Assistance for these commodities is calculated based on the loss of value at the time of disaster. FSA determines which crops are value-loss crops, but unless otherwise announced, value-loss crops are those identified in §§ 1437.303 through 1437.309. Lost production of value loss crops is eligible for payment only as specified in this subpart. (b) The crop year for all value loss crops, except ornamental nursery as specified in § 1437.305, is October 1 through September 30. (c) Producers must file an application for coverage in accordance with § 1437.7, and must: (1) Provide a report of the crop, commodity, and facility to FSA for the acreage or facility, in a form prescribed by FSA, no later than the beginning of the crop year. (2) Maintain a verifiable inventory of the eligible crop throughout the crop year; and (3) Provide an accurate accounting of the inventory, as required by FSA. | |||
| 7:7:10.1.2.2.24.4.342.10 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | D | Subpart D—Determining Coverage Using Value | § 1437.310 Sea grass and sea oats. | CCC | [67 FR 62324, Oct. 7, 2002, as amended at 79 FR 74582, 74583, Dec. 15, 2014] | (a) Sea grass and sea oats are value loss crops and eligibility will be limited to ornamental plants grown for commercial sale and seeds and transplants produced for commercial sale as propagation stock. (b) An eligible commodity under this section intended for sale on a commercial basis as: (1) An ornamental plant can produce a claim in the event of a loss due to a qualifying condition only in the same manner and subject to the same conditions as ornamental nursery stock under § 1437.305 and such claims will not, as such, be subject to the provisions of paragraphs (c) through (h) of this section, except to the extent that similar provisions apply to claims under § 1437.305. (2) Propagation stock (seed or transplant) can produce a claim under this part but only in accord with the provisions that follow in this section and subject to other conditions on payment as may be imposed elsewhere in this part. (c) For purposes of a loss calculation arising under paragraph (b)(2) of this section, the value of: (1) Seed will be determined on a yield basis made in accordance with subpart B of this part and average market price established in accordance with § 1437.12. (2) Transplant losses will be determined based on inventory that existed immediately before and after the disaster and average market price established in accordance with § 1437.12. (d) Transplant producers must have up-to-date inventory and sales records and other documents, sufficient to document actual losses, as determined by FSA. (e) The land, waterbed, or facility in which the eligible commodity was located at the time of loss must: (1) Be owned or leased by the producer; (2) Have readily identifiable boundaries; and (3) Be managed and maintained using acceptable growing practices for the geographical region, as determined by FSA. (f) The producer must have control of the land, waterbed, or facility and must ensure adequate and proper: (1) Flood prevention; (2) Growing medium; (3) Fertilization or feeding; (4) Irrigation and water quality;… | |||
| 7:7:10.1.2.2.24.4.342.11 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | D | Subpart D—Determining Coverage Using Value | §§ 1437.311-1437.400 [Reserved] | CCC | |||||
| 7:7:10.1.2.2.24.4.342.2 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | D | Subpart D—Determining Coverage Using Value | § 1437.302 Determining payments. | CCC | [79 FR 74581, Dec. 15, 2014] | (a) Subject to all restrictions and the availability of funds, value loss payments for qualifying losses will be determined by: (1) Multiplying the field market value of the crop before the disaster, or for buy-up coverage specified in § 1437.5(c), the lesser of the field market value of the crop before the disaster or the maximum dollar value for coverage sought, by 50, 55, 60, or 65 percent, as selected by the producer as specified in § 1437.5; (2) Subtracting the sum of the field market value after the disaster and value of ineligible causes of loss from the result from paragraph (a)(1) of this section; (3) Multiplying the result from paragraph (a)(2) of this section by the producer's share; (4) Multiplying the result from paragraph (a)(3) of this section by 55 or 100 percent, as selected by the producer as specified in § 1437.5, plus whatever appropriate factor reflects savings from non-harvesting of the damaged crop or other factors as appropriate; and (5) Subtracting the producer's share of any salvage value, if applicable. (b) [Reserved] | |||
| 7:7:10.1.2.2.24.4.342.3 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | D | Subpart D—Determining Coverage Using Value | § 1437.303 Aquaculture, including ornamental fish. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 78 FR 21019, Apr. 9, 2013; 79 FR 74581, Dec. 15, 2014] | (a) Aquaculture is a value loss crop and will have NAP assistance calculated only in accord with restrictions set in this section. Eligible aquacultural species only include: (1) Any species of aquatic organisms grown as food for human consumption as determined by CCC. (2) Fish raised as feed for other fish that are consumed by humans; and (3) Ornamental fish propagated and reared in an aquatic medium. (b) The aquacultural facility must be: (1) A commercial enterprise on private property; (2) Owned or leased by the producer, with readily identifiable boundaries; and (3) Managed and maintained using good aquacultural growing practices. (c) Producers must: (1) Ensure adequate and proper flood prevention, growing medium, fertilization or feeding, irrigation and water quality, predator control, and disease control; and (2) Have control of the waterbed. (d) Eligible aquacultural species must be: (1) Placed in the facility and not be indigenous to the facility; and (2) Kept in a controlled environment; and (3) Planted or seeded in containers, wire baskets, net pens, on ropes, or similar device designed for the protection and containment of the seeded aquacultural species. (e) For mollusks that are not planted or seeded in containers, net pens, on ropes, wire baskets, or similar device designed for the containment and protection of the mollusks, the only eligible cause of loss of mollusks or missing mollusk inventory will be a direct result of a National Oceanic and Atmospheric Administration-determined tropical storm, typhoon, or hurricane. (f) In the crop year in which a notice of loss is filed, producers may be required, at the discretion of CCC, to provide evidence that the aquacultural species are produced in a facility in accordance with paragraphs (b), (c) and (d) of this section. (g) If all other eligibility provisions of this part are determined by FSA to be satisfied, assistance will be provided to producers for eligible NAP aquaculture crop losses that are the direct result of drought. | |||
| 7:7:10.1.2.2.24.4.342.4 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | D | Subpart D—Determining Coverage Using Value | § 1437.304 Floriculture. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 79 FR 74581, 74583, Dec. 15, 2014] | (a) Floriculture, except for seed crops as specified in paragraph (d) of this section, is a value loss crop and is compensable only in accord with restrictions set in this section. Eligible floriculture is limited to commercial production of: (1) Field-grown flowers, including flowers grown in containers or other growing medium maintained in a field setting according to industry standards, as determined by FSA; and (2) Tubers and bulbs, for use as propagation stock of eligible floriculture plants; and (3) Seed for propagation of eligible floriculture plants. (b) Floriculture does not include flowering plants indigenous to the location of the floriculture facility or acreage. (c) Eligible floriculture must be grown in a region or controlled environment conducive to the successful production of flowers, tubers, and bulbs, as determined by FSA. (d) Claims on losses on the production of flower seed for propagation of eligible floriculture plants will not be treated under “value loss” rules, but under the rules for normal production low yield crops under subpart B of this part. (e) The facility or acreage for eligible floriculture must be managed and maintained using good floriculture growing practices. At a minimum, producers are responsible for providing a controlled environment and must ensure adequate and proper fertilization, irrigation, weed control, insect and disease control, and rodent and wildlife control. (f) In the crop year in which a notice of loss is filed, producers may be required, at the discretion of FSA, to provide evidence the floriculture is produced in accordance with paragraph (e) of this section. (g) Flowers having any dollar value are counted as having full value for loss calculations. Damaged plants that are determined able to rejuvenate or determined to be merely stunted are counted as worth full value. | |||
| 7:7:10.1.2.2.24.4.342.5 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | D | Subpart D—Determining Coverage Using Value | § 1437.305 Ornamental nursery. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 78 FR 21019, Apr. 9, 2013; 79 FR 74582, 74583, Dec. 15, 2014] | (a) Eligible ornamental nursery stock is a value loss crop and is compensable only in accord with restrictions set out in this section. Eligible ornamental nursery stock is limited to field-grown and containerized decorative plants grown in a controlled environment for commercial sale. (b) The property upon which the nursery stock is located must be owned or leased by the producer. (c) The eligible nursery stock must be placed in the ornamental nursery facility and not be indigenous to the facility. (d) The facility must be managed and cared for using good nursery growing practices for the geographical region. At a minimum producers must provide a controlled environment and ensure adequate and proper flood prevention, growing medium, fertilization, irrigation, insect and disease control, weed control, rodent and wildlife control, and over-winterization storage facilities. (e) An ornamental plant having any value as an ornamental plant, or a damaged ornamental plant that may rejuvenate and re-establish value as an ornamental plant, will be considered as worth full value based on the age or size of the plant at the time of disaster. (f) In the crop year in which a notice of loss is filed, producers may be required, at the discretion of FSA, to provide evidence the ornamental nursery is maintained in accordance with this section. (g) For the 2010 and subsequent crops, the crop year for ornamental nursery is June 1 through May 31. | |||
| 7:7:10.1.2.2.24.4.342.6 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | D | Subpart D—Determining Coverage Using Value | § 1437.306 Christmas tree crops. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 79 FR 74582, Dec. 15, 2014] | (a) A Christmas tree is a value loss crop and may generate a claim for benefits under this part only if the tree was grown exclusively for commercial use as a Christmas tree, and only if other requirements of this section are met. (b) The unit of measure for all Christmas tree crops is a plant. (c) A Christmas tree having any value as a Christmas tree, or a damaged Christmas tree that may rejuvenate and re-establish value as a Christmas tree, will be considered as worth full value based on the age of the tree at the time of disaster. | |||
| 7:7:10.1.2.2.24.4.342.7 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | D | Subpart D—Determining Coverage Using Value | § 1437.307 Mushrooms. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 79 FR 74583, Dec. 15, 2014] | (a) Eligible mushrooms is a value loss crop and is only compensable in accord with the restrictions of this section. To be eligible, the mushrooms must be grown as a commercial crop in a facility with a controlled environment utilizing good mushroom growing practices. The facility must be located on private property either owned or leased by the producer. (b) The controlled environment for eligible mushrooms must include primary and backup systems for: (1) Temperature and humidity controls; (2) Proper and adequate lighting; and (3) Positive air pressurization and filtration. (c) The growing medium must consist of a substrate (a habitat and nutrient base) sterilized by heat treatment. (d) Good mushroom growing practices must be used, and they consist of proper and adequate insect and disease control and the maintenance of a sterile environment. Maintaining a sterile environment includes at a minimum: (1) Adequate hygiene; (2) Overall cleanliness; (3) Isolation or minimum contact procedures; (4) Use of footpaths; and (5) Availability and frequent utilization of wash-down facilities. (e) In the crop year in which a notice of loss is filed, producers may be required, at the discretion of FSA, to provide evidence the mushrooms are maintained in accordance with this section. | |||
| 7:7:10.1.2.2.24.4.342.8 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | D | Subpart D—Determining Coverage Using Value | § 1437.308 Ginseng. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 79 FR 74582,74583, Dec. 15, 2014] | (a) Ginseng is a value loss crop and is compensable only as allowed in this section. Ginseng is eligible only if: (1) The ginseng includes stratified seeds for use as propagation stock in a commercial ginseng operation or rootlet for commercial sale that are grown in a controlled, cultivatable environment on private property either owned or leased by the producer; and (2) The ginseng is grown using good ginseng growing practices with all plant needs supplied and under control of the producer; (b) Ginseng will not be eligible to generate benefits under this part if it: (1) Is indigenous to the facility; (2) Is grown solely for medicinal purposes; and (3) Includes wild ginseng rootlet that is harvested and transplanted from woodland grown ginseng. (c) Good ginseng growing practices must be followed, and include, but are not limited to: (1) Adequate drainage; (2) Proper and adequate shade; (3) Accurate pH level; (4) Adequate and timely fertilization, including an adequate supply to ensure nutrient reserves to the ginseng plants and customary application equipment; (5) Adequate pest control, including but not limited to, weed, rodent, and wildlife control; and (6) Disease control. (d) Ginseng producers must: (1) Provide a report of inventory of all ginseng, as determined by FSA; (2) Provide production and sales records necessary to determine the value of eligible ginseng; (3) Allow an FSA-certified loss adjustor to verify loss, including physically removing representative samples; (4) Maintain and provide, as determined by FSA, adequate records of fertilization, and pest and disease controls used or put into place during the crop year; and (5) Possess a valid food processing license issued by the applicable State Department of Agriculture or equivalent and subject to food regulations administered by the Food and Drug Administration. (e) In the crop year in which a notice of loss is filed, producers may be required, at the discretion of FSA, to provide evidence the ginseng was produced in accordanc… | |||
| 7:7:10.1.2.2.24.4.342.9 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | D | Subpart D—Determining Coverage Using Value | § 1437.309 Turfgrass sod. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 79 FR 74582, 74583, Dec. 15, 2014] | (a) Turfgrass sod is a value loss crop and is the upper stratum of soil bound by mature grass and plant roots into a thick mat produced in commercial quantities for sale. (b) Specific species, types or varieties of grass intended for turfgrass sod will be considered a separate crop without regard to other intended uses. (c) The unit of measure for all turfgrass sod is a square yard. (d) Turfgrass sod having any value will be considered as worth full value. (e) In addition to the records required in § 1437.8, producers seeking payment must provide information to FSA regarding the average number of square yards per acre and all unharvested areas. | |||
| 7:7:10.1.2.2.24.5.342.1 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | E | Subpart E—Determining Coverage of Forage Intended for Animal Consumption | § 1437.401 Forage. | CCC | [79 FR 74582, Dec. 15, 2014, as amended at 85 FR 12221, Mar. 2, 2020] | (a) Forage eligible for benefits under this part is limited to mature vegetation, as determined by FSA, produced in a commercial operation. Benefits are not available for first-year seeding of alfalfa and similar vegetation when production is not produced in the seeding year, as determined by FSA. The commercial operation must use acceptable farming, pasture, and range management practices for the location necessary to sustain sufficient quality and quantity of the vegetation so as to be suitable for grazing livestock or mechanical harvest as hay or seed. Forage to be mechanically harvested will be treated under the rules for low-yield crops as calculated under § 1437.103, except claims on forage for grazing benefits will be determined according to paragraph (f) of this section. The provisions in this subpart apply to all claims including forage for mechanical harvest. (b) Producers of forage must, in addition to the records required in § 1437.8, specify the intended method of harvest of all acreage intended as forage for livestock consumption as either mechanically or grazed. (c) Producers must request an appraisal from the administrative county office for the unit prior to the onset of grazing of any intended mechanically harvested forage acreage that will be both mechanically harvested and grazed. (d) Forage acreage reported to FSA as intended to be mechanically harvested, but which is instead subsequently grazed, will be considered for crop definition purposes as mechanically harvested. Expected production of the specific acreage for which catastrophic coverage was obtained will be calculated on the basis of carrying capacity. The loss of such grazed forage will be determined according to paragraph (f) of this section. For acreage intended to be mechanically harvested which is instead subsequently grazed, the loss of intended mechanically harvested forage may alternatively be determined based on a review of acceptable production evidence or appraisal of the specific crop acreage. As part of the payment com… | |||
| 7:7:10.1.2.2.24.5.342.2 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | E | Subpart E—Determining Coverage of Forage Intended for Animal Consumption | § 1437.402 Carrying capacity. | CCC | [67 FR 12448, Mar. 19, 2002, as amended at 79 FR 74582, 74583, Dec. 15, 2014] | (a) FSA will establish a carrying capacity for all grazed forage present in the county for purposes of administering this program and to that end: (1) Multiple carrying capacities may be determined for a specific vegetation if factors, such as soil type, elevation, and topography, result in a significant difference of carrying capacity within the county. (2) FSA may establish separate carrying capacities for irrigated and non-irrigated forage acreage when acreage of traditionally irrigated forage (forage actually irrigated 3 of the last 5 crop years) is present in the county. (b) Producers may provide evidence that unit forage management and maintenance practices are improvements over those practices generally associated with the established carrying capacity. Based on this evidence, FSA may adjust the expected AUD for the specific forage acreage with catastrophic coverage upward for the crop year NAP assistance is requested by: (1) Three percent when at least 1 practice was completed at least 1 time in the previous 5 crop years and such practice can be expected to have a positive impact on the forage's carrying capacity in the crop year NAP assistance is requested; (2) Five percent when 2 or more practices were completed at least 1 time in the previous 5 crop years and such practices can be expected to have a positive impact on the forage's carrying capacity in the crop year NAP assistance is requested; and (3) Greater than 5 percent when producers provide acceptable records, as determined by FSA, of higher forage production or an increase in animal units supported on the specific forage acreage in 3 of the 5 crop years immediately before the crop year NAP assistance is requested. | |||
| 7:7:10.1.2.2.24.5.342.3 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | E | Subpart E—Determining Coverage of Forage Intended for Animal Consumption | § 1437.403 Determining payments. | CCC | [79 FR 74582, Dec. 15, 2014] | (a) Subject to payment limits, availability of funds, and other limits as may apply, payments for catastrophic coverage of losses of forage reported to FSA as intended to be grazed will be determined by: (1) Multiplying the eligible acreage by the producer's share; (2) Dividing the result from paragraph (a)(1) of this section by the carrying capacity or adjusted per day carrying capacity established for the specific catastrophic coverage acreage, as determined by FSA; (3) Multiplying the result from paragraph (a)(2) of this section by the number of days established as the grazing period; (4) Adding adjustments of AUD for practices and production to the product of paragraph (a)(3) of this section; (5) Multiplying the result from paragraph (a)(4) of this section by the applicable percentage of loss established by FSA; (6) Multiplying the amount of assigned AUD, as determined by FSA, by the producer's share; (7) Subtracting the result from paragraph (a)(6) of this section from the result from paragraph (a)(5) of this section; (8) Multiplying the result from paragraph (a)(4) of this section by 0.50; (9) Subtracting the result from paragraph (a)(8) of this section from the result from paragraph (a)(7) of this section; and (10) Multiplying the result from paragraph (a)(9) of this section by 55 percent of the final payment price established in accordance with § 1437.12. (b) [Reserved] | |||
| 7:7:10.1.2.2.24.5.342.4 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | E | Subpart E—Determining Coverage of Forage Intended for Animal Consumption | § 1437.404 Information collection requirements under the Paperwork Reduction Act; OMB control number. | CCC | An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for the regulation in this part is 0560-0175. | ||||
| 7:7:10.1.2.2.24.6.342.1 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | F | Subpart F—Determining Coverage in the Tropical Region | § 1437.501 Applicability; definition of “tropical region” and additional definitions. | CCC | [71 FR 52739, Sept. 7, 2006, as amended at 78 FR 21019, Apr. 9, 2013; 79 FR 74583, Dec. 15, 2014] | (a) This subpart applies to covered tropical crops in the tropical region, as those terms are defined in this subpart. Benefits under this part may be extended to those crops only to the extent that they are otherwise eligible for assistance under this part. Covered crops do not include “value loss” crops, as defined elsewhere in this part. For those crops that are covered by this subpart, loss and payment determinations for NAP covered in this part are determined by the rules that otherwise apply to NAP subject to the modifications provided by this subpart. The rules that otherwise apply include, but are not limited to, limitations on payments that are specified in part 1400 of this chapter. (b) For purposes of this subpart: (1) Tropical region includes, as may be further limited by the Deputy Administrator: Hawaii, American Samoa, Guam, the U.S. Virgin Islands, Puerto Rico, and the territories and possessions of the United States. Other areas may be included as determined by the Deputy Administrator to be required by law. References to specific areas elsewhere in this subpart will not limit the ability of the Deputy Administrator to limit the geographic scope of this subpart. (2) Covered tropical crops means those crops and commodities in the tropical region governed by this subpart, those being all crops and commodities in the tropical region that are otherwise eligible for generating a benefit claim under this part, except for value-loss crops as defined elsewhere in this part. (c) The Deputy Administrator may adjust requirements for assistance so as to provide a fair transition from previous rules for crop covered by this subpart to those provisions which are provided for in this subpart. | |||
| 7:7:10.1.2.2.24.6.342.2 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | F | Subpart F—Determining Coverage in the Tropical Region | § 1437.502 Coverage periods and fees for covered tropical crops. | CCC | [71 FR 52739, Sept. 7, 2006, as amended at 78 FR 21019, Apr. 9, 2013; 79 FR 74583, Dec. 15, 2014; 85 FR 12221, Mar. 2, 2020] | (a) The crop year for all covered tropical crops is the calendar year (January 1 through December 31). (b) The application closing date for all covered tropical crops is December 31 of the calendar year before the applicable crop year. (c) For covered tropical crops, the maximum service fee per crop per county provided at § 1437.7 is required of the producer for coverage of: (1) With respect to annual and biennial crops, all plantings of the same crop planted during the crop year, as determined by FSA. (2) With respect to perennial crops, all acreage of the crop existing during the crop year, as determined by FSA. (d) Multiple planting periods and final planting dates are not applicable for covered tropical crops. However, nothing in this section will be interpreted to prohibit assigning different production expectations to different fields. (e) The coverage period for perennial and other crops covered by this subpart begins on January 1 of the relevant crop year and ends on December 31 of that year. | |||
| 7:7:10.1.2.2.24.6.342.3 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | F | Subpart F—Determining Coverage in the Tropical Region | § 1437.503 Covered losses and recordkeeping requirements for covered tropical crops. | CCC | [71 FR 52739, Sept. 7, 2006, as amended at 78 FR 21019, Apr. 9, 2013; 79 FR 74583, Dec. 15, 2014; 85 FR 12221, Mar. 2, 2020] | (a) Prevented planting coverage is not available for covered tropical crops. (b) Except in Hawaii, Puerto Rico, and other areas approved by the Deputy Administrator, or as otherwise approved by the Deputy Administrator in individual cases, eligible causes of loss for covered tropical crops will only include hurricanes, typhoons, and named tropical storms. (c) Producers who have applied for coverage on covered tropical crops must maintain for the full coverage period contemporaneous records. Contemporaneous records are those created at the time of planting and harvesting of the crop for which the application for coverage is filed. In this regard: (1) Producers may be selected on a random or targeted basis for compliance review with this requirement and any other requirements that may apply to this program. (2) A failure to maintain acceptable contemporaneous records throughout the crop year may be treated by FSA as grounds of ineligibility for benefits under this part. | |||
| 7:7:10.1.2.2.24.6.342.4 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | F | Subpart F—Determining Coverage in the Tropical Region | § 1437.504 Notice of loss for covered tropical crops. | CCC | [71 FR 52739, Sept. 7, 2006, as amended at 78 FR 21019, Apr. 9, 2013; 79 FR 74583, Dec. 15, 2014] | (a) The provisions of § 1437.11(d) regarding late filed notice of loss do not apply to covered tropical crops. (b) Where a notice of loss for covered tropical crops is provided according to § 1437.11, producers must provide records maintained according to § 1437.503(c) of the: (1) Number of acres or other basis of measurement, as applicable, of the crop from which production could be achieved existing on the day the eligible natural disaster occurred or, for prolonged natural disasters, such as a drought and similar damage where applicable, existing on the day the notice of loss is filed. (2) Amount, including zero, as applicable, of production harvested, before or after the disaster, from those crop plantings (damaged or undamaged) which were in existence on the farm at the time of the disaster including production from the covered plantings (in existence at the time of the loss event) that may occur after the loss event even when, to the extent provided for in paragraph (c) of this section, the harvest occurs after the end of the crop year. Crop acreage of the covered crop that is in existence at the time of the loss event that can be harvested after the eligible natural disaster must be harvested, or continue to be harvested, and the harvested acres and production reported to FSA according to this subpart, except that for perennial crops the requirement ends with the end of the crop year. For non-perennial crops the obligation to harvest ends with the end of the life-cycle for the plantings that were in existence at the time of the loss event. In this regard: (i) Except as otherwise determined by FSA, such production, before or after the loss event, will be taken into account in computing eligibilities. (ii) Production that must be reported under paragraph (b)(2)(i) of this section includes, except in the case of perennial plants, all production irrespective of whether the production occurs in the same crop year. (iii) For perennial plants, only production in the same crop year must be reported. (iv) Al… | |||
| 7:7:10.1.2.2.24.6.342.5 | 7 | Agriculture | XIV | B | 1437 | PART 1437—NONINSURED CROP DISASTER ASSISTANCE PROGRAM | F | Subpart F—Determining Coverage in the Tropical Region | § 1437.505 Application for payment for the tropical region. | CCC | [78 FR 21019, Apr. 9, 2013, as amended at 79 FR 74583, Dec. 15, 2014] | (a) For producers of covered tropical crops, except as specified in paragraph (b) of this section or approved in individual cases by the Deputy Administrator, an application for payment must be filed at the same time as the filing of the notice of loss required under §§ 1437.11 and 1437.504. (b) For producers in Puerto Rico, Hawaii, Guam, American Samoa, and the Northern Marianna Islands, an application for payment for such crops must be filed by the later of: (1) The date on which the notice of loss is filed in accordance with §§ 1437.11 and 1437.504, or (2) The date of the completion of harvest for the specific crop acreage that existed at the time of loss for which the notice of loss was filed. |
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