cfr_sections
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22 rows where agency = "CCC" and part_number = 1469 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:10.1.2.2.33.1.330.1 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | A | Subpart A—General Provisions | § 1469.1 Applicability. | CCC | (a) This part sets forth the policies, procedures, and requirements for the Conservation Security Program (CSP) as administered by the Natural Resources Conservation Service (NRCS) for enrollment during calendar year 2004 and thereafter. (b) CSP is applicable only on privately owned or Tribal lands in any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, and the Commonwealth of the Northern Marianna Islands. (c) The Commodity Credit Corporation (CCC), by and through the NRCS, provides financial assistance and technical assistance to participants for the conservation, protection, and improvement of soil, water, and other related resources, and for any similar conservation purpose as determined by the Secretary. | ||||
| 7:7:10.1.2.2.33.1.330.2 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | A | Subpart A—General Provisions | § 1469.2 Administration. | CCC | (a) The regulations in this part will be administered under the general supervision and direction of the Chief, Natural Resources Conservation Service (NRCS), who is a Vice President of the CCC. (b) The Chief may modify or waive a provision of this part if the Chief determines that the application of such provision to a particular limited situation is inappropriate and inconsistent with the goals of the program. (c) The Chief determines fund availability to provide financial and technical assistance to participants according to the purpose and projected cost of contracts in a fiscal year. The Chief allocates the funds available to carry out CSP to the NRCS State Conservationist. Contract obligations will not exceed the funding available to the Agency. (d) The State Conservationist may obtain advice from the State Technical Committee and local workgroups on the development of State program technical policies, payment related matters, outreach efforts, and other program issues. (e) NRCS may enter into agreements with Federal agencies, State and local agencies, conservation districts, Indian Tribes, private entities, and individuals to assist NRCS with educational efforts, outreach efforts, and program implementation assistance. (f) For lands under the jurisdiction of an Indian Tribe or Tribal Nation, certain items identified in paragraph (d) of this section may be determined by the Indian Tribe or Tribal Nation and the NRCS Chief. | ||||
| 7:7:10.1.2.2.33.1.330.3 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | A | Subpart A—General Provisions | § 1469.3 Definitions. | CCC | [70 FR 15212, Mar. 25, 2005, as amended at 76 FR 4806, Jan. 27, 2011] | The following definitions apply to this part and all documents issued in accordance with this part, unless specified otherwise: Activity means an action other than a conservation practice that is included as a part of a conservation stewardship contract; such as a measure, incremental movement on a conservation index or scale, or an on-farm demonstration, pilot, or assessment. Agricultural land means cropland, rangeland, pastureland, hayland, private non-industrial forest land if it is an incidental part of the agricultural operation, and other land on which food, fiber, and other agricultural products are produced. Areas used for strip-cropping or alley-cropping and silvopasture practices will be included as agricultural land. This includes land of varying cover types, primarily managed through a low input system, for the production of food, fiber or other agricultural products. Agricultural operation means all agricultural land and other lands determined by the Chief, whether contiguous or noncontiguous, under the control of the applicant and constituting a cohesive management unit, that is operated with equipment, labor, accounting system, and management that is substantially separate from any other. The minimum size of an agricultural operation is a field. Applicant means a producer as defined in this rule who has requested in writing to participate in CSP. Beginning farmer or rancher means an individual or entity who: (1) Has not operated a farm or ranch, or who has operated a farm or ranch for not more than 10 consecutive years, as defined in 7 U.S.C. 1991(a). This requirement applies to all members of an entity; and (2) Will materially and substantially participate in the operation of the farm or ranch. (i) In the case of a contract with an individual, solely, or with the immediate family, material and substantial participation requires that the individual provide substantial day-to-day labor and management of the farm or ranch, consistent with the practices in the county or State where the fa… | |||
| 7:7:10.1.2.2.33.1.330.4 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | A | Subpart A—General Provisions | § 1469.4 Significant resource concerns. | CCC | (a) Soil quality and water quality are nationally significant resource concerns for all land uses. (b) For each sign-up, the Chief may determine additional nationally significant resource concerns for all land uses. Such significant resource concerns will reflect pressing conservation needs and emphasize off-site environmental benefits. In addition, the Chief may approve other priority resource concerns for which enhancement payments will be offered for specific locations and land uses. | ||||
| 7:7:10.1.2.2.33.1.330.5 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | A | Subpart A—General Provisions | § 1469.5 Eligibility requirements. | CCC | (a) In general—To be eligible to participate in CSP: (1) Applicants must meet the requirements for eligible applicants, including any additional eligibility criteria and contract requirements that may be included in a CSP sign-up notice pursuant to § 1469.6(c); (2) Land must meet the definition of eligible land; and (3) The application must meet the conservation standards established pursuant to this section. (b) Applicants may submit only one application for each sign-up. Producers who are participants in an existing conservation stewardship contract are not eligible to submit another application. (c) Eligible applicants. To be eligible to participate, an applicant must— (1) Be in compliance with the highly erodible land and wetland conservation provisions found in 7 CFR Part 12; (2) Have control of the land for the life of the proposed contract period. (i) The Chief may make an exception for land allotted by the Bureau of Indian Affairs (BIA), Tribal land, or other instances in which the Chief determines that there is sufficient assurance of control; and (ii) If the applicant is a tenant, the applicant must provide NRCS with the written evidence or assurance of control from the landowner; (3) Share in risk of producing any crop or livestock and be entitled to share in the crop or livestock available for marketing from the agricultural operation (landlords and owners are ineligible to submit an application for exclusively cash rented agricultural operations); (4) Complete a benchmark condition inventory for the entire agricultural operation or the portion being enrolled in accordance with § 1469.7(a); and (5) Supply information, as required by NRCS, to determine eligibility for the program, including but not limited to information related to eligibility criteria in the sign-up notice, and information to verify the applicant's status as a beginning or a limited resource farmer or rancher. (d) Eligible land: (1) To be eligible for enrollment in CSP, land must be: (i) Private agricultural land; … | ||||
| 7:7:10.1.2.2.33.1.330.6 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | A | Subpart A—General Provisions | § 1469.6 Enrollment criteria and selection process. | CCC | (a) Selection and funding of priority watersheds. (1) NRCS will prioritize watersheds based on a nationally consistent process using existing natural resource, environmental quality, and agricultural activity data along with other information that may be necessary to efficiently operate the program. The watershed prioritization and identification process will consider several factors, including but not limited to: (i) Potential of surface and ground water quality to degradation; (ii) Potential of soil to degradation; (iii) Potential of grazing land to degradation; (iv) State or national conservation and environmental issues e.g., location of air non-attainment zones or important wildlife/fisheries habitat; and (v) Local availability of management tools needed to more efficiently operate the program, such as digital soils information. (2) Priority watersheds selected, in which producers would be potentially eligible for enrollment, will be announced in the sign-up notice. (b) Enrollment categories. The Chief may limit new program enrollments in any fiscal year to enrollment categories designed to focus on priority conservation concerns and enhancement measures. NRCS will utilize enrollment categories to determine which contracts will be funded in a given sign-up. (1) Enrollment categories may be defined by criteria related to resource concerns and levels of historic conservation treatment, including the producer's willingness to achieve additional environmental performance or conduct enhancement activities. (2) All applications which meet the sign-up criteria within the priority watersheds will be placed in an enrollment category regardless of available funding. (3) NRCS will develop subcategories within each enrollment category and include them in the sign-up notice. The development of subcategories may consider several factors, including: (i) Willingness of the applicant to participate in local conservation enhancement activities; (ii) Targeting program participation for Limited Resource Producer… | ||||
| 7:7:10.1.2.2.33.1.330.7 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | A | Subpart A—General Provisions | § 1469.7 Benchmark condition inventory and conservation stewardship plan. | CCC | (a) The benchmark condition inventory and associated case file information must include: (1) A map, aerial photograph, or overlay that delineates the entire agricultural operation, including land use and acreage; (2) A description of the applicant's production system(s) on the agricultural operation to be enrolled; (3) The existing conservation practices and resource concerns, problems, and opportunities on the operation; (4) Other information needed to document existing conservation treatment and activities, such as, grazing management, nutrient management, pest management, and irrigation water management plans; (5) A description of the significant resource concerns and other resource concerns that the applicant is willing to address in their contract through the adoption of new conservation practices and measures; and, (6) A list of enhancements that the applicant may be willing to undertake as part of their contract. (b) Conservation stewardship plan. (1) The conservation stewardship plan and associated case file information must include: (i) To the extent practicable, a quantitative and qualitative description of the conservation and environmental benefits that the conservation stewardship contract will achieve; (ii) A plan map showing the acreage to be enrolled in CSP; (iii) A verified benchmark condition inventory as described in § 1469.7(a); (iv) A description of the significant resource concerns and other resource concerns to be addressed in the contract through the adoption of new conservation measures; (v) A description and implementation schedule of— (A) Individual conservation practices and measures to be maintained during the contract, consistent with the requirements for the tier(s) of participation and the relevant resource concerns and with the requirements of the sign-up, (B) Individual conservation practices and measures to be installed during the contract, consistent with the requirements for the tier(s) of participation and the relevant resource concerns, (C) Eligible enhancem… | ||||
| 7:7:10.1.2.2.33.1.330.8 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | A | Subpart A—General Provisions | § 1469.8 Conservation practices and activities. | CCC | (a) Conservation practice and activity selection. (1) The Chief will provide a list of structural and land management practices and activities eligible for each CSP payment component. If the Chief's designee provides the list, it will be approved by the Director of the Financial Assistance Programs Division of NRCS. When determining the lists of practices and activities and their associated rates, the Chief will consider: (i) The cost and potential conservation benefits; (ii) The degree of treatment of significant resource concerns; (iii) The number of resource concerns the practice or activity will address; (iv) Locally available technology; (v) New and emerging conservation technology; (vi) Ability to address the resource concern based on site specific conditions; and, (vii) The need for cost-share assistance for specific practices and activities to help producers achieve higher management intensity levels or to advance in tiers of eligibility. (2) To address unique resource conditions in a State or region, the Chief may make additional conservation practices, measures, and enhancement activities eligible that are not included in the national list of eligible CSP practices. (3) NRCS will make the list of eligible practices and activities and their individual payment rates available to the public. (b) NRCS will consider the qualified practices and activities in its computation of CSP payments except as provided for in paragraph (d) of this section. (c) NRCS will not make new practice payments for a conservation practice the producer has applied prior to application to the program. (d) New practice payments will not be made to a participant who has implemented or initiated the implementation of a conservation practice prior to approval of the contract, unless a waiver was granted by the State Conservationist or the Designated Conservationist prior to the installation of the practice. (e) Where new technologies or conservation practices that show high potential for optimizing environmental benefits … | ||||
| 7:7:10.1.2.2.33.1.330.9 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | A | Subpart A—General Provisions | § 1469.9 Technical assistance. | CCC | (a) NRCS may use the services of NRCS-approved or certified Technical Service Providers in performing its responsibilities for technical assistance. (b) Technical assistance may include, but is not limited to: Assisting applicants during sign-up, processing and assessing applications, assisting the participant in developing the conservation stewardship plan; conservation practice survey, layout, design, installation, and certification; information, education, and training for producers; and quality assurance activities. (c) NRCS retains approval authority over the certification of technical assistance done by non-NRCS personnel. (d) NRCS retains approval authority of the conservation stewardship contracts and contract payments. (e) Conservation stewardship plans will be developed by NRCS certified conservation planners. | ||||
| 7:7:10.1.2.2.33.2.330.1 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | B | Subpart B—Contracts and Payments | § 1469.20 Application for contracts. | CCC | (a) Applications must include: (1) A completed self-assessment workbook; (2) Benchmark condition inventory and conservation stewardship plan in accordance with § 1469.7 for the eligible land uses on the entire operation or, if Tier I, for the portion being enrolled; (3) Any other requirements specified in the sign-up notice; (4) For Tier I, clear indication of which acres the applicant wishes to enroll in the CSP; and, (5) A certification that the applicant will agree to meet the relevant contract requirements outlined in the sign-up notice. (b) Producers who are members of a joint operation, trust, estate, association, partnership or similar organization must file a single application for the joint operation or organization. (c) Producers can submit only one application per sign-up. (d) Participants can only have one active contract at any one time. | ||||
| 7:7:10.1.2.2.33.2.330.2 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | B | Subpart B—Contracts and Payments | § 1469.21 Contract requirements. | CCC | (a) To receive payments, each participant must enter into a conservation stewardship contract and comply with its provisions. Among other provisions, the participant agrees to maintain at least the level of stewardship identified in the benchmark inventory for the portion of land being enrolled for the entire contract period, as appropriate, and implement and maintain any new practices or activities required in the contract. (b) Program participants will only receive payments from one conservation stewardship contract. (c) CSP participants must address the following requirements or additional resource concerns to the minimum level of treatment by the end of their conservation stewardship contract: (1) Tier I contract requirement: additional practices and activities as included by the applicant in the conservation stewardship plan and approved by NRCS, over the part of the agricultural operation enrolled in CSP. (2) Tier II contract requirements: (i) Address an additional locally significant resource concern, as described in section III of the NRCS FOTG over the entire agricultural operation. Applicants may satisfy this requirement by demonstrating that the locally significant resource concern is not applicable to their operation or that they have already addressed it in accordance with NRCS'; quality criteria; and (ii) Additional practices and activities as included by the applicant in the conservation stewardship plan and approved by NRCS, over the entire agricultural operation, where applicable. (3) Tier III contract requirement: additional practices and activities as included by the applicant in the conservation stewardship plan and approved by NRCS, over the entire agricultural operation, where applicable. (d) Transition to a higher tier of participation. (1) Upon agreement by NRCS and the participant, a conservation stewardship contract may include provisions that lead to a higher tier of participation during the contract period. Such a transition does not require a contract modification if that tr… | ||||
| 7:7:10.1.2.2.33.2.330.3 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | B | Subpart B—Contracts and Payments | § 1469.22 Conservation practice operation and maintenance. | CCC | (a) The contract will incorporate the operation and maintenance of the conservation practice(s) applied under the contract. (b) The participant must operate and maintain any new conservation practice(s) for which a payment was received to ensure that the new practice or enhancement achieves its intended purpose for the life span of the conservation treatment, as identified in the contract or conservation stewardship plan, as determined by NRCS. (c) Conservation practices that are installed before the execution of a contract, but are needed in the contract to obtain the intended environmental benefits, must be operated and maintained as specified in the contract whether or not an existing practice payment is made. (d) NRCS may periodically inspect the conservation practices during the practice lifespan as specified in the contract to ensure that operation and maintenance are being carried out, and that the practice is fulfilling its intended objectives. When NRCS finds that a participant is not operating and maintaining practices installed through the CSP in an appropriate manner, NRCS will initiate contract violation procedures as specified in § 1469.25. If an existing practice is part of a system that meets the quality criteria, but does not technically meet NRCS minimum practice standards, the practice must be modified or updated to meet the standard according the FOTG as specified in § 1469.25(a) of this part. | ||||
| 7:7:10.1.2.2.33.2.330.4 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | B | Subpart B—Contracts and Payments | § 1469.23 Program payments. | CCC | (a) Stewardship component of CSP payments. (1) The conservation stewardship plan, as applicable, divides the land area to be enrolled in the CSP into land use categories, such as irrigated and non-irrigated cropland, irrigated and non-irrigated pasture, pastured cropland and range land, among other categories. (2) NRCS will determine an appropriate stewardship payment rate for each land use category using the following methodology: (i) NRCS will initially calculate the average 2001 rates using the Agriculture Foreign Investment Disclosure Act (AFIDA) Land Value Survey, the National Agriculture Statistics Service (NASS) land rental data, and Conservation Reserve Program (CRP) rental rates. (ii) Where typical rental rates for a given land use vary widely within a State or between adjacent States, NRCS will adjust the county-level rates to ensure local and regional consistency and equity. (iii) The State Conservationists can also contribute additional local data, with advice from the State Technical Committee. (iv) The final stewardship payment rate will be the adjusted regional rates described in paragraph (a)(2)(i) through (iii) of this section multiplied by a reduction factor of 0.25 for Tier I, 0.50 for Tier II, and 0.75 for Tier III. (v) Pastured cropland will receive the same stewardship payment as cropland. (3) NRCS will compute the stewardship component of the CSP payment as the product of: the number of acres in each land use category (not including “other” or land not in the applicant's control); the corresponding stewardship payment rate for the applicable acreage; and a tier-specific percentage. The tier-specific percentage is 5 percent for Tier I payments, 10 percent for Tier II payments, and 15 percent for Tier III payments. (4) Other incidental parcels as defined in § 1469.5(d)(1)(iv) may be given a stewardship rate as though they were the land use to which they are contiguous if they are serving a conservation purpose, such as wildlife habitat. Payment is limited to not more than ten percen… | ||||
| 7:7:10.1.2.2.33.2.330.5 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | B | Subpart B—Contracts and Payments | § 1469.24 Contract modifications and transfers of land. | CCC | (a) Contracts may be modified: (1) At the request of the participant, if the modification is consistent with the purposes of the conservation security program, or; (2) As required by the State Conservationist due to changes to the type, size, management, or other aspect of the agricultural operation that would interfere with achieving the purposes of the program. (b) Participants may request a modification to their contract to change their tier of participation under a conservation stewardship contract once the measures determined necessary by NRCS to meet the next tier level have been established. (c) Contract transfers are permitted when there is agreement among all parties to the contract and the contract area remains intact. (1) NRCS must be notified within 60 days of the transfer of interest and the transferee's acceptance of the contract terms and conditions, or the contract will be terminated. (2) The transferee must be determined by NRCS to be eligible and must assume full responsibility under the contract, including operation and maintenance of those conservation practices and activities already undertaken and to be undertaken as a condition of the contract. | ||||
| 7:7:10.1.2.2.33.2.330.6 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | B | Subpart B—Contracts and Payments | § 1469.25 Contract violations and termination. | CCC | (a) If the NRCS determines that a participant is in violation of the terms of a contract, or documents incorporated by reference into the contract, NRCS will give the participant a reasonable time, as determined by the State Conservationist, to correct the violation and comply with the terms of the contract and attachments thereto. If the violation continues, the State Conservationist may terminate the conservation stewardship contract. (b) Notwithstanding the provisions of paragraph (a) of this section, a contract termination is effective immediately upon a determination by the State Conservationist that the participant has: submitted false information; filed a false claim; engaged in any act for which a finding of ineligibility for payments is permitted under this part; or taken actions NRCS deems to be sufficiently purposeful or negligent to warrant a termination without delay. (c) If NRCS terminates a contract due to breach of contract, the participant will forfeit all rights for future payments under the contract, and must refund all or part of the payments received, plus interest, and liquidated damages as determined in accordance with part 1403 of this chapter. The State Conservationist may require only partial refund of the payments received if a previously installed conservation practice can function independently, is not affected by the violation or other conservation practices that would have been installed under the contract, and the participant agrees to operate and maintain the installed conservation practice for the life span of the practice. (d) If NRCS terminates a contract due to breach of contract, or the participant voluntarily terminates the contract before any contractual payments have been made, the participant will forfeit all rights for further payments under the contract, and must pay such liquidated damages as are prescribed in the contract. The State Conservationist has the option to waive the liquidated damages, depending upon the circumstances of the case. (e) When making any con… | ||||
| 7:7:10.1.2.2.33.3.330.1 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | C | Subpart C—General Administration | § 1469.30 Fair treatment of tenants and sharecroppers. | CCC | Payments received under this part must be divided in the manner specified in the applicable contract or agreement, and NRCS will ensure that potential participants who would have an interest in acreage being offered receive treatment which NRCS deems to be equitable, as determined by the Chief. NRCS may refuse to enter into a contract when there is a disagreement among multiple applicants seeking enrollment as to an applicant's eligibility to participate in the contract as a tenant. | ||||
| 7:7:10.1.2.2.33.3.330.2 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | C | Subpart C—General Administration | § 1469.31 Appeals. | CCC | (a) An applicant or a participant may obtain administrative review of an adverse decision under CSP in accordance with parts 11 and 614, Subparts A and C, of this title, except as provided in paragraph (b) of this section. (b) Participants cannot appeal the following decisions: (1) Payment rates, payment limits, and cost-share percentages; (2) Eligible conservation practices; and, (3) Other matters of general applicability. (c) Before a participant can seek judicial review of any action taken under this part, the participant must exhaust all administrative appeal procedures set forth in paragraph (a) of this section, and for purposes of judicial review, no decision will be a final agency action except a decision of the Chief under these procedures. | ||||
| 7:7:10.1.2.2.33.3.330.3 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | C | Subpart C—General Administration | § 1469.32 Compliance with regulatory measures. | CCC | Participants who carry out conservation practices are responsible for obtaining the authorities, permits, easements, or other approvals necessary for the implementation, operation, and maintenance of the conservation practices in keeping with applicable laws and regulations. Participants must comply with all laws and are responsible for all effects or actions resulting from their performance under the contract. | ||||
| 7:7:10.1.2.2.33.3.330.4 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | C | Subpart C—General Administration | § 1469.33 Access to agricultural operation. | CCC | Any authorized NRCS representative has the right to enter an agricultural operation for the purpose of ascertaining the accuracy of any representations made in a contract or in anticipation of entering a contract, as to the performance of the terms and conditions of the contract. Access includes the right to provide technical assistance, inspect any work undertaken under the contract, and collect information necessary to evaluate the performance of conservation practices in the contract. The NRCS representative will make a reasonable effort to contact the participant prior to the exercise of this provision. | ||||
| 7:7:10.1.2.2.33.3.330.5 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | C | Subpart C—General Administration | § 1469.34 Performance based on advice or action of representatives of NRCS. | CCC | If a participant relied upon the advice or action of any authorized representative of CCC, and did not know or have reason to know that the action or advice was improper or erroneous, the State Conservationist may accept the advice or action as meeting the requirements of CSP. In addition, the State Conservationist may grant relief, to the extent it is deemed desirable by CCC, to provide a fair and equitable treatment because of the good faith reliance on the part of the participant. | ||||
| 7:7:10.1.2.2.33.3.330.6 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | C | Subpart C—General Administration | § 1469.35 Offsets and assignments. | CCC | (a) Except as provided in paragraph (b) of this section, NRCS will make any payment or portion thereof to any participant without regard to questions of title under State law and without regard to any claim or lien against the crop, or proceeds thereof, in favor of the owner or any other creditor except agencies of the U.S. Government. The regulations governing offsets and withholdings found at 7 CFR part 1403 are applicable to contract payments. (b) Any producer entitled to any payment may assign any payments in accordance with regulations governing assignment of payment found at 7 CFR part 1404. | ||||
| 7:7:10.1.2.2.33.3.330.7 | 7 | Agriculture | XIV | B | 1469 | PART 1469—CONSERVATION SECURITY PROGRAM | C | Subpart C—General Administration | § 1469.36 Misrepresentation and scheme or device. | CCC | (a) If the Department determines that a participant erroneously represented any fact affecting a CSP determination made in accordance with this part, the participant's conservation stewardship contract will be terminated immediately in accordance with § 1469.25(b). The participant will forfeit all rights for future contract payments, and must refund payments received, plus interest, and liquidated damages as described in § 1469.25. (b) A producer who is determined to have knowingly: (1) Adopted any scheme or device that tends to defeat the purpose of CSP; (2) Made any fraudulent representation; or (3) Misrepresented any fact affecting a CSP determination, must refund to NRCS all payments, plus interest, and liquidated damages as determined in accordance with § 1469.25 received by such participant with respect to all contracts. In addition, NRCS will terminate the participant's interest in all conservation stewardship contracts. (c) If the producer acquires land subsequent to enrollment in CSP, that land is not considered part of the agricultural operation; however, if the land was previously owned or controlled by them before the date of enrollment and after May 13, 2002, then NRCS will conduct an investigation into the activity to see if there was a scheme or device. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);