cfr_sections
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37 rows where agency = "FSA" and part_number = 718 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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| 7:7:7.1.1.2.6.1.1.1 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.1 Applicability. | FSA | [72 FR 63284, Nov. 8, 2007, as amended at 80 FR 41994, July 16, 2015] | (a) This part is applicable to all programs specified in chapters VII and XIV of this title that are administered by the Farm Service Agency (FSA) and to any other programs that adopt this part by reference. This part governs how FSA administers marketing quotas, allotments, base acres, and acreage reports for those programs to which this part applies. The regulations to which this part applies are those that establish procedures for measuring allotments and program eligible acreage, for determining program compliance, farm reconstitutions, application of finality, and equitable relief from compliance or ineligibility. (b) For all programs, except for those administered under parts 761 through 774 of this chapter: (1) The provisions of this part will be administered under the general supervision of the Administrator, FSA, and carried out in the field by State and county FSA committees (State and county committees); (2) State and county committees, and representatives and employees thereof, do not have authority to modify or waive any regulations in this part; (3) No provisions or delegation herein to a State or county committee will preclude the Administrator, FSA, or a designee, from determining any question arising under the program or from reversing or modifying any determination made by a State or county committee; (4) The Deputy Administrator, FSA, may authorize State and county committees to waive or modify deadlines and other requirements in cases where lateness or failure to meet such other requirements does not adversely affect the operation of the program. (c) The programs under parts 761 through 774 will be administered according to the part, or parts, applicable to the specific program. | |||
| 7:7:7.1.1.2.6.1.1.10 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.10 Time limitations. | FSA | Whenever the final date prescribed in any of the regulations in this title for the performance of any act falls on a Saturday, Sunday, national holiday, State holiday on which the office of the county or State Farm Service Agency committee having primary cognizance of the action required to be taken is closed, or any other day on which the cognizant office is not open for the transaction of business during normal working hours, the time for taking required action shall be extended to the close of business on the next working day. Or in case the action required to be taken may be performed by mailing, the action shall be considered to be taken within the prescribed period if the mailing is postmarked by midnight of such next working day. Where the action required to be taken is with a prescribed number of days after the mailing of notice, the day of mailing shall be excluded in computing such period of time. | ||||
| 7:7:7.1.1.2.6.1.1.11 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.11 Disqualification due to Federal crop insurance violation. | FSA | [72 FR 63284, Nov. 8, 2007] | (a) Section 515(h) of the Federal Crop Insurance Act (FCIA) provides that a person who willfully and intentionally provides false or inaccurate information to the Federal Crop Insurance Corporation (FCIC) or to an approved insurance provider with respect to a policy or plan of FCIC insurance, after notice and an opportunity for a hearing on the record, will be subject to one or more of the sanctions described in section 515(h)(3). In section 515(h)(3), the FCIA specifies that in the case of a violation committed by a producer, the producer may be disqualified for a period of up to 5 years from receiving any monetary or non-monetary benefit under a number of programs. The list includes, but is not limited to, benefits under: (1) The FCIA. (2) The Agricultural Market Transition Act (7 U.S.C. 7201 et seq. ), including the Noninsured Crop Disaster Assistance Program under section 196 of that Act (7 U.S.C. 7333). (3) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq. ). (4) The Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq. ). (5) The Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq. ). (6) Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq. ). (7) The Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq. ). (8) Any law that provides assistance to a producer of an agricultural commodity affected by a crop loss or a decline in prices of agricultural commodities. (b) Violation determinations are made by FCIC. However, upon notice from FCIC to FSA that a producer has been found to have committed a violation to which paragraph (a) of this section applies, that person will be ineligible for payments under the programs specified in paragraph (a) of this section that are funded by FSA for the same period of time for which, as determined by FCIC, the producer will be ineligible for crop insurance benefits of the kind referred to in paragraph (a)(1) of this section. Appeals of the determination of ineligibility will be administered under the rules set by FCI… | |||
| 7:7:7.1.1.2.6.1.1.2 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.2 Definitions. | FSA | [68 FR 16172, Apr. 3, 2003; 69 FR 250, Jan. 5, 2004, as amended at 79 FR 74571, Dec. 15, 2014; 80 FR 41994, July 16, 2015; 84 FR 45886, Sept. 3, 2019; 91 FR 1053, Jan. 12, 2026] | Except as provided in individual parts of chapters VII and XIV of this title, the following terms shall be as defined herein: Administrative county means the FSA-determined county of record for systematic control and administration under programs relying on such a determination. Administrative variance (AV) means the amount by which the determined acreage of tobacco may exceed the effective allotment and be considered in compliance with program regulations. Allotment means an acreage for a commodity allocated to a farm in accordance with the Agricultural Adjustment Act of 1938, as amended. Allotment crop means any tobacco crop for which acreage allotments are established pursuant to part 723 of this chapter. Barley means barley that follows the standard planting and harvesting practice of barley for the area in which the barley is grown. Base acres means, with respect to a covered commodity on a farm, the number of acres in effect on September 30, 2013, as defined in the regulations in part 1412, subpart B, of this title that were in effect on that date, subject to any reallocation, adjustment, or reduction. The term “base acres” includes any generic base acres as specified in part 1412 planted to a covered commodity as specified in part 1412. Beginning farmer or rancher means a person or legal entity (for legal entities to be considered a beginning farmer or rancher, at least 50 percent of the interest must be beginning farmers or ranchers) for which both of the following are true for the farmer or rancher: (1) Has not operated a farm or ranch for more than 10 years; and (2) Materially and substantially participates in the operation. CCC means the Commodity Credit Corporation. Combination means consolidation of two or more farms or parts of farms, having the same operator, into one farm. Common land unit means the smallest unit of land that has an identifiable border located in one physical location (county), as defined in this part, and all of the following in common: (1) Owner; (2) Mana… | |||
| 7:7:7.1.1.2.6.1.1.3 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.3 State committee responsibilities. | FSA | [61 FR 37552, July 18, 1996, as amended at 80 FR 41994, July 16, 2015] | (a) The State committee shall, with respect to county committees: (1) Take any action required of the county committee, which the county committee fails to take in accordance with this part; (2) Correct or require the county committee to correct any action taken by such committee, which is not in accordance with this part; or (3) Require the county committee to withhold taking any action which is not in accordance with this part. (b) The State committee shall submit to the Deputy Administrator requests to deviate from deductions prescribed in § 718.109, or the error amount or percentage for refunds of redetermination costs as prescribed in § 718.112. | |||
| 7:7:7.1.1.2.6.1.1.4 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.4 Authority for farm entry and providing information. | FSA | [68 FR 16172, Apr. 3, 2003, as amended at 84 FR 45886, Sept. 3, 2019] | (a) This section applies to all farms that have a tobacco allotment or quota under part 723 of this chapter and all farms that are currently participating in programs administered by FSA. (b) A representative of FSA may enter any farm that participates in an FSA or CCC program in order to conduct a farm inspection as defined in this part. A program participant may request that the FSA representative present written authorization for the farm inspection before granting access to the farm. If a farm inspection is not allowed within 30 days of written authorization: (1) All FSA and CCC program benefits for that farm shall be denied; (2) The person preventing the farm inspection shall pay all costs associated with the farm inspection; (3) The entire crop production on the farm will be considered to be in excess of the quota established for the farm; and (4) For tobacco, the farm operator must furnish proof of disposition of: (i) All tobacco which is in addition to the production shown on the marketing card issued with respect to such farm; and (ii) No credit will be given for disposing of excess tobacco other than that identified by a marketing card unless disposed of in the presence of FSA in accordance with § 718.109 of this part. (c) If a program participant refuses to furnish reports or data necessary to determine benefits in accordance with paragraph (a) of this section, or FSA determines that the report or data was erroneously provided through the lack of good faith, all program benefits relating to the report or data requested will be denied. (d) Program participants requesting program benefits as a beginning farmer or rancher, limited resource farmer or rancher, socially disadvantaged farmer or rancher, or veteran farmer or rancher must provide a certification of their status as a member of one of those groups as required by the applicable program provisions. | |||
| 7:7:7.1.1.2.6.1.1.5 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.5 Rule of fractions. | FSA | (a) Fractions shall be rounded after completion of the entire associated computation. All mathematical calculations shall be carried to two decimal places beyond the number of decimal places required by the regulations governing each program. In rounding, fractional digits of 49 or less beyond the required number of decimal places shall be dropped; if the fractional digits beyond the required number of decimal places are 50 or more, the figure at the last required decimal place shall be increased by “1” as follows: (b) The acreage of each field or subdivision computed for tobacco and CCC disaster assistance programs shall be recorded in acres and hundredths of an acre, dropping all thousandths of an acre. The acreage of each field or subdivision computed for crops, except tobacco, shall be recorded in acres and tenths of an acre, rounding all hundredths of an acre to the nearest tenth. | ||||
| 7:7:7.1.1.2.6.1.1.6 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.6 Controlled substance. | FSA | [72 FR 63284, Nov. 8, 2007, as amended at 84 FR 45886, Sept. 3, 2019] | (a) The following terms apply to this section: (1) USDA benefit means the issuance of any grant, contract, loan, or payment by appropriated funds of the United States. (2) Person means an individual. (b) Notwithstanding any other provision of law, any person convicted under Federal or State law of: (1) Planting, cultivating, growing, producing, harvesting, or storing a controlled substance in any crop year is ineligible during the crop year of conviction and the four succeeding crop years, for any of the following USDA benefits: (i) Any payments or benefits under part 1412 of this title; (ii) Any payments or benefits for losses to crops or livestock covered under disaster programs administered by FSA; (iii) Any price support loan available in accordance with part 1421 of this title; (iv) Any price support made under the Commodity Credit Corporation Charter Act; (v) A farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act or any other Act; (vi) Crop Insurance under the Federal Crop Insurance Act; (vii) A loan made or guaranteed under the Consolidated Farm and Rural Development Act or any other law administered by FSA's Farm Loan Programs. (2) Possession or trafficking of a controlled substance, is ineligible for any or all USDA benefits: (i) At the discretion of the court, (ii) To the extent and for a period of time the court determines. (c) If a person denied benefits under this section is a shareholder, beneficiary, or member of an entity or joint operation, benefits for which the entity or joint operation is eligible will be reduced, for the appropriate period, by a percentage equal to the total interest of the shareholder, beneficiary, or member. | |||
| 7:7:7.1.1.2.6.1.1.7 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.7 Furnishing maps. | FSA | [80 FR 41994, July 16, 2015] | (a) A reasonable number, as determined by FSA, of reproductions of photographs, mosaic maps, and other maps will be made available to the owner of a farm, an insurance company reinsured by the Federal Crop Insurance Corporation (FCIC), or a private party contractor performing official duties on behalf of FSA, CCC, and other USDA agencies. (b) For all others, reproductions will be made available at the rate FSA determines will cover the cost of making such items available. | |||
| 7:7:7.1.1.2.6.1.1.8 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.8 Administrative county and servicing FSA county office. | FSA | [84 FR 45886, Sept. 3, 2019] | (a) FSA farm records are maintained in an administrative county determined by FSA. Generally, a farm's administrative county is based on the physical location county of the farm. If all land on the farm is physically located in one physical location county, the farm's records will be administratively located in that physical location county. (b) In cases where there is no FSA office in the county in which the farm is physically located or where a servicing FSA county office is responsible for more than one administrative county, the farm records will be administratively located as specified in paragraph (a) of this section and with a servicing FSA county office that FSA as designated as responsible for that administrative county. (c) Farm operators and owners can conduct their farm's business in any FSA county office. FSA's designation of a farm's administrative county is based on where land of the farm is located as specified in paragraph (a) of this section or as might be required under paragraph (b) of this section. (d) Farm operators and owners can request a change to their servicing FSA county office and that request may necessitate a change to the farm's administrative county as specified in paragraph (a) or (b) of this section. If the requested servicing FSA county office is not responsible for and does not have an administrative county for the physical location of the farm according to paragraphs (a) or (b) of this section and FSA approves the request for change of servicing FSA county office, FSA will designate the administrative county for the farm from those available in the requested servicing FSA county office. (e) If a county contiguous to the county in which the farm is physically located in the same State does not have a servicing FSA county office, the farm will be administratively located by FSA in a contiguous county in another contiguous State that is convenient to the farm operator and owner. Requests for changes to a farm's servicing FSA county office, which may or may not result in a ch… | |||
| 7:7:7.1.1.2.6.1.1.9 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.9 Signature requirements. | FSA | [68 FR 16172, Apr. 3, 2003; 69 FR 250, Jan. 5, 2004, as amended at 80 FR 41995, July 16, 2015] | (a) When a program authorized by this chapter or chapter XIV of this title requires the signature of a producer, landowner, landlord, or tenant, then a spouse may sign all such FSA or CCC documents on behalf of the other spouse, except as otherwise specified in this section, unless such other spouse has provided written notification to FSA and CCC that such action is not authorized. The notification must be provided to FSA for each farm. (b) A spouse may not sign a document on behalf of the other spouse with respect to: (1) Program document required to be executed in accordance with part 3 of this title; (2) Easements entered into under part 1410 of this title; (3) Power of attorney; (4) Such other program documents as determined by FSA or CCC. (c) An individual; duly authorized officer of a corporation; duly authorized partner of a partnership; executor or administrator of an estate; trustee of a trust; guardian; or conservator may delegate to another the authority to act on their behalf with respect to FSA and CCC programs administered by USDA service center agencies by execution of a Power of Attorney, or such other form as approved by the Deputy Administrator. FSA and CCC may, at their discretion, allow the delegations of authority by other individuals through use of the Power of Attorney or such other form as approved by the Deputy Administrator. (d) Notwithstanding another provision of this regulation or any other FSA or CCC regulation in this title, a parent may execute documents on behalf of a minor child unless prohibited by a statute or court order. (e) Notwithstanding any other provision in this title, an authorized agent of the Bureau of Indian Affairs (BIA) of the United States Department of Interior may sign as agent for landowners with properties affiliated with or under the management or trust of the BIA. For collection purposes, such payments will be considered as being made to the persons who are the beneficiaries of the payment or may, alternatively, be considered as an obligation of al… | |||
| 7:7:7.1.1.2.6.2.1.1 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.101 Measurements. | FSA | [84 FR 45887, Sept. 3, 2019] | (a) Measurement services include, but are not limited to, measuring land and crop areas, measuring quantities of farm-stored commodities, and appraising the yields of crops in the field when required for program administration purposes. The county committee will provide measurement service if the producer requests such service and pays the cost, except that measurement service is not available and will not be provided to determine total acreage or production of a crop when the request is made: (1) For acreage, after the established final reporting date for the applicable crop, unless a late filed report is accepted as provided in § 718.104; or (2) After the farm operator has furnished production evidence when required for program administration purposes except as provided in this subpart. (b) Except for measurements and determinations performed by FSA in accordance with late-filed acreage reports filed in accordance with § 718.104, when a producer requests, pays for, and receives written notice that measurement services have been furnished, the measured acreage is guaranteed to be correct and used for all program purposes for the current year even though an error is later discovered in the measurement. | |||
| 7:7:7.1.1.2.6.2.1.10 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.110 Adjustments. | FSA | (a) The farm operator or other interested producer having excess tobacco acreage (other than flue-cured or burley) may adjust an acreage of the crop in order to avoid a marketing quota penalty if such person: (1) Notifies the county committee of such election within 15 calendar days after the date of mailing of notice of excess acreage by the county committee; and (2) Pays the cost of a farm inspection to determine the adjusted acreage prior to the date the farm visit is made. (b) The farm operator may adjust an acreage of tobacco (except flue-cured and burley) by disposing of such excess tobacco prior to the marketing of any of the same kind of tobacco from the farm. The disposition shall be witnessed by a representative of FSA and may take place before, during, or after the harvesting of the same kind of tobacco grown on the farm. However, no credit will be allowed toward the disposition of excess acreage after the tobacco is harvested but prior to marketing, unless the county committee determines that such tobacco is representative of the entire crop from the farm of the kind of tobacco involved. | ||||
| 7:7:7.1.1.2.6.2.1.11 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.111 Notice of measured acreage. | FSA | [80 FR 41996, July 16, 2015] | (a) FSA will provide notice of measured acreage and mail it to the farm operator. This notice constitutes notice to all parties who have ownership, leasehold interest, or other interest in such farm. (b) [Reserved] | |||
| 7:7:7.1.1.2.6.2.1.12 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.112 Redetermination. | FSA | [68 FR 16176, Apr. 3, 2003, as amended at 80 FR 41996, July 16, 2015] | (a) A redetermination of crop acreage, appraised yield, or farm-stored production for a farm may be initiated by the county committee, State committee, or Deputy Administrator at any time. Redetermination may be requested by a producer with an interest in the farm if the producer pays the cost of the redetermination. The request must be submitted to FSA within 5 calendar days after the initial appraisal of the yield of a crop, or before the farm-stored production is removed from storage. A redetermination will be undertaken in the manner prescribed by the Deputy Administrator. A redetermination will be used in lieu of any prior determination unless it is determined by the representative of the Deputy Administrator that there is good cause not to do so. (b) FSA will refund the payment of the cost for a redetermination when, because of an error in the initial determination: (1) The appraised yield is changed by at least the larger of: (i) Five percent or 5 pounds for cotton; (ii) Five percent or 1 bushel for wheat, barley, oats, and rye; or (iii) Five percent or 2 bushels for corn and grain sorghum; or (2) The farm stored production is changed by at least the smaller of 3 percent or 600 bushels; or (3) The acreage of the crop is: (i) Changed by at least the larger of 3 percent or 0.5 acre; or (ii) Considered to be within program requirements. | |||
| 7:7:7.1.1.2.6.2.1.2 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.102 Acreage reports. | FSA | [68 FR 16176, Apr. 3, 2003, as amended at 71 FR 13741, Mar. 17, 2006; 79 FR 74571, Dec. 15, 2014; 80 FR 41995, July 16, 2015] | (a) In order to be eligible for benefits, participants in the programs specified in paragraphs (b)(1) through (b)(6) of this section must submit accurate information annually as required by these provisions. (b)(1) Participants in programs for which eligibility for benefits is tied to base acres must report the acreage of fruits and vegetables planted for harvest on a farm enrolled in such program; (2) Participants in the programs governed by parts 1421 and 1427 of this title must report the acreage planted to a commodity for harvest for which a marketing assistance loan or loan deficiency payment is requested; (3) Participants in the programs governed by part 1410 of this title must report the intended use of land enrolled in such programs; (4) All participants in the programs governed by part 1437 of this title must report all acreage and intended use of the eligible crop in the country in which the producer has a share; (5) Participants in the programs governed by part 723 of this chapter and part 1464 of this title must report the acreage planted to tobacco by kind on all farms that have an effective allotment or quota greater than zero; (6) All participants in the programs governed by parts 1412, 1421, and 1427 of this title must report the use of all cropland on the farm. (7) All producers reporting acreage as prevented planted acreage or failed acreage must provide documentation that meets the provisions of § 718.103 to the FSA county office where the farm is administered. (c) The annual acreage reports required in paragraph (a) of this section must be filed with the county committee by the farm operator, farm owner, producer of the crop on the farm, or duly authorized representative by the final reporting date applicable to the crop as established by the Deputy Administrator. (d) Participants in programs to which this part is applicable must report all crops, in all counties, in which they have an interest. This includes crops on cropland and noncropland, including native or improved grass that w… | |||
| 7:7:7.1.1.2.6.2.1.3 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.103 Prevented planted and failed acreage. | FSA | [71 FR 13741, Mar. 17, 2006, as amended at 80 FR 41995, July 16, 2015; 84 FR 45887, Sept. 3, 2019] | (a) Prevented planting is the inability to plant an eligible crop with proper equipment during the planting period as a result of an eligible cause of loss, as determined by CCC. The eligible cause of loss that prevented the planting must have: (1) Occurred after a previous planting period for the crop; (2) Occurred before the final planting date for the crop in the applicable crop year or, in the case of multiple plantings, the harvest date of the first planting in the applicable planting period, and (3) Similarly affected other producers in the area, as determined by CCC. (b) FSA may approve acreage as “prevented planted acreage” if all other conditions for such approval are met and provided the conditions in paragraphs (b)(1) through (6) of this section are met. (1) Except as specified in paragraph (b)(2) of this section, producers must report the acreage, on forms specified by FSA, within 15 calendar days after the final planting date determined for the crop by FSA. (2) If the acreage is reported after the period identified in paragraph (b)(1) of this section, the application must be filed in time to permit: (i) The county committee or its authorized representative to make a farm visit to verify eligible disaster conditions that prevented the specified acreage or crop from being planted; or (ii) The county committee or its authorized representative the opportunity to determine, based on visual inspection, that the acreage or crop in question was affected by eligible disaster conditions such as damaging weather or other adverse natural occurrences that prevented the acreage or crop from being planted. (3) A farm visit to inspect the acreage or crop is required for all late-filed acreage reports where prevented planting credit is sought. Under no circumstance may acreage reported after the 15-day period referenced in paragraph (b)(1) of this section be deemed acceptable unless the criteria in paragraph (b)(2) of this section are met. State and county committees do not have the authority to waive the fi… | |||
| 7:7:7.1.1.2.6.2.1.4 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.104 Late-filed and revised acreage reports. | FSA | [71 FR 13742, Mar. 17, 2006, as amended as 80 FR 41996, July 16, 2015; 84 FR 45887, Sept. 3, 2019] | (a) Late-filed acreage reports may be accepted after the final reporting date through the crop's immediately subsequent crop year's final reporting date and processed by FSA if both of the following apply: (1) The crop or identifiable crop residue remains in the field, permitting FSA to verify and determine the acreage and (2) The crop acreage and common land unit for which the reported crop acreage report is being filed has not already been determined by FSA. (b) Acreage reports submitted later than the date specified in paragraph (a) of this section will not be processed by FSA and will not be used for program purposes. (c) The person or legal entity filing a report late must pay the cost of a farm inspection and measurement unless FSA determines that failure to report in a timely manner was beyond the producer's control. The cost of the inspection and measurement is equal to the amount FSA would charge for measurement service; however, FSA's determination of acreage as a result of the inspection and measurement is not considered a paid for measurement service under § 718.101. The acreage measured will be entered as determined acres. (d) When an acceptable late-filed acreage report is filed in accordance with this section, the reported crop acreage will be entered for the amount that was actually reported to FSA before FSA determined acres, and the determined crop acreage will be entered as it was determined and established by FSA. (e) Revised acreage reports may be filed to change the acreage reported if: (1) The acreage has not already been determined by FSA; and (2) Actual crop or residue is present in the field. (f) Revised reports will be filed and accepted: (1) At any time for all crops if the crop or residue still exists in the field for inspection to verify the existence and use made of the crop, the lack of the crop, or a disaster condition affecting the crop; and (2) If the producer was in compliance with all other program requirements at the reporting date. | |||
| 7:7:7.1.1.2.6.2.1.5 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.105 Tolerances and adjustments. | FSA | [68 FR 16176, Apr. 3, 2003, as amended at 80 FR 41996, July 16, 2015; 84 FR 45887, Sept. 3, 2019] | (a) Tolerance is the amount by which the determined acreage for a crop may differ from the reported acreage or allotment for the crop and still be considered in compliance with program requirements under §§ 718.102(b)(1), (b)(3) and (b)(5). (b) Tolerance rules apply to those fields for which a staking and referencing was performed but such acreage was not planted according to those measurements or when a measurement service is not requested for acreage destroyed to meet program requirements. (c) Tolerance rules do not apply to: (1) Program requirements of §§ 718.102(b)(2), (b)(4) and (b)(6); (2) Official fields upon which the entire field is devoted to one crop; (3) Those fields for which staking and referencing was performed and such acreage was planted according to those measurements; or (4) The adjusted acreage for farms using measurement after planting which have a determined acreage greater than the marketing quota crop allotment. (d) If the acreage report for a crop is outside the tolerance for that crop: (1) FSA may consider the requirements of §§ 718.102 (b)(1), (b)(3) and (b)(5) not to have been met; (2) Participants may be ineligible for all or a portion of payments or benefits subject to the requirements of §§ 718.102 (b)(1), (b)(3) and (b)(5); and (3) Participants may be ineligible for all or a portion of payments or benefits under a program that requires accurate crop acreage reports under rules governing the program. | |||
| 7:7:7.1.1.2.6.2.1.6 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.106 Non-compliance and false acreage reports. | FSA | [80 FR 41996, July 16, 2015] | (a) Participants who provide false or inaccurate acreage reports may be ineligible for some or all payments or benefits, subject to the requirements of § 718.102(b)(1) and (3). (b) [Reserved] | |||
| 7:7:7.1.1.2.6.2.1.7 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.107 Acreages. | FSA | (a) If an acreage has been established by FSA for an area delineated on an aerial photograph or within a GIS, such acreage will be recognized by the county committee as the acreage for the area until such time as the boundaries of such area are changed. When boundaries not visible on the aerial photograph are established from data furnished by the producer, such acreage shall not be recognized as official acreage until an authorized representative of FSA verifies the boundaries. (b) Measurements of any row crop shall extend beyond the planted area by the larger of 15 inches or one-half the distance between the rows. (c) The entire acreage of a field or subdivision of a field devoted to a crop shall be considered as devoted to the crop subject to a deduction or adjustment except as otherwise provided in this part. | ||||
| 7:7:7.1.1.2.6.2.1.8 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.108 Measuring acreage including skip row acreage. | FSA | (a) When one crop is alternating with another crop, whether or not both crops have the same growing season, only the acreage that is actually planted to the crop being measured will be considered to be acreage devoted to the measured crop. (b) Subject to the provisions of this paragraph and section, whether planted in a skip row pattern or without a pattern of skipped rows, the entire acreage of the field or subdivision may be considered as devoted to the crop only where the distance between the rows, for all rows, is 40 inches or less. If there is a skip that creates idle land wider than 40 inches, or if the distance between any rows is more than 40 inches, then the area planted to the crop shall be considered to be that area which would represent the smaller of; a 40 inch width between rows, or the normal row spacing in the field for all other rows in the field—those that are not more than 40 inches apart. The allowance for individual rows would be made based on the smaller of actual spacing between those rows or the normal spacing in the field. For example, if the crop is planted in single, wide rows that are 48 inches apart, only 20 inches to either side of each row (for a total of 40 inches between the two rows) could, at a maximum, be considered as devoted as the crop and normal spacing in the field would control. Half the normal distance between rows will also be allowed beyond the outside planted rows not to exceed 20 inches and will reflect normal spacing in the field. (c) In making calculations under this section, further reductions may be made in the acreage considered planted if it is determined that the acreage is more sparsely planted than normal using reasonable and customary full production planting techniques. (d) The Deputy Administrator has the discretionary authority to allow row allowances other than those specified in this section in those instances in which crops are normally planted with spacings greater or less than 40 inches, such as in case of tobacco, or where other circumstances ar… | ||||
| 7:7:7.1.1.2.6.2.1.9 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.109 Deductions. | FSA | (a) Any contiguous area which is not devoted to the crop being measured and which is not part of a skip-row pattern under § 718.108 shall be deducted from the acreage of the crop if such area meets the following minimum national standards or requirements: (1) A minimum width of 30 inches; (2) For tobacco—three-hundredths (.03) acre. Turn areas, terraces, permanent irrigation and drainage ditches, sod waterways, non-cropland, and subdivision boundaries each of which is at least 30 inches in width may be combined to meet the 0.03-acre minimum requirement; or (3) For all other crops and land uses—one-tenth (.10) acre. Turn areas, terraces, permanent irrigation and drainage ditches, sod waterways, non-cropland, and subdivision boundaries each of which is at least 30 inches in width and each of which contain 0.1 acre or more may be combined to meet any larger minimum prescribed for a State in accordance with this subpart. (b) If the area not devoted to the crop is located within the planted area, the part of any perimeter area that is more than 217.8 feet (33 links) in width will be considered to be an internal deduction if the standard deduction is used. (c) A standard deduction of 3 percent of the area devoted to a row crop and zero percent of the area devoted to a close-sown crop may be used in lieu of measuring the acreage of turn areas. | ||||
| 7:7:7.1.1.2.6.3.1.1 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.201 Farm constitution. | FSA | [68 FR 16178, Apr. 3, 2003, as amended at 80 FR 41996, July 16, 2015; 84 FR 45887, Sept. 3, 2019] | (a) In order to implement FSA programs and monitor compliance with regulations, FSA must have records on what land is being farmed by a particular producer. This is accomplished by a determination of what land or group of lands “constitute” an individual unit or farm. Land that was properly constituted under prior regulations will remain so constituted until a reconstitution is required by paragraph (c) of this section. The constitution and identification of land as a “farm” for the first time and the subsequent reconstitution of a farm made thereafter will include all land operated by an individual entity or joint operation as a single farming unit except that it may not include: (1) Land under separate ownership unless the owners agree in writing or have previously agreed in writing and the labor, equipment, accounting system, and management are operated in common by the operator, but separate from other tracts; (2) Land under a lease agreement of less than 1 year duration; (3) Federally owned land unless it is rangeland on which no crops are planted and on which there are no crop base acres established; (4) State-owned wildlife lands unless the former owner has possession of the land under a leasing agreement; (5) Land constituting a farm that is declared ineligible to be enrolled in a program under the regulations governing the program; (6) For base acre crops, land located in counties that are not contiguous except where: (i) Counties are divided by a river; (ii) Counties do not share a common border because of a correction line adjustment; or (iii) The land is within 20 miles, by road, of other land that will be a part of the farming unit; (7) Land subject to either a default election or a valid election made under part 1412 of this title for each and all covered commodities constituted with land that has a different default election or valid election for each and all covered commodities, irrespective of whether or not any of the land has base acres; or (8) Land subject to an election of individu… | |||
| 7:7:7.1.1.2.6.3.1.2 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.202 Determining the land constituting a farm. | FSA | (a) In determining the constitution of a farm, consideration shall be given to provisions such as ownership and operation. For purposes of this part, the following rules shall be applicable to determining what land is to be included in a farm. (b) A minor shall be considered to be the same owner or operator as the parent, court-appointed guardian, or other person responsible for the minor child, unless the parent or guardian has no interest in the minor's farm or production from the farm, and the minor: (1) Is a producer on a farm; (2) Maintains a separate household from the parent or guardian; (3) Personally carries out the farming activities; and (4) Maintains a separate accounting for the farming operation. (c) A minor shall not be considered to be the same owner or operator as the parent or court-appointed guardian if the minor's interest in the farming operation results from being the beneficiary of an irrevocable trust and ownership of the property is vested in the trust or the minor. (d) A life estate tenant shall be considered to be the owner of the property for their life. (e) A trust shall be considered to be an owner with the beneficiary of the trust; except a trust can be considered a separate owner or operator from the beneficiary, if the trust: (1) Has a separate and distinct interest in the land or crop involved; (2) Exercises separate responsibility for the separate and distinct interest; and (3) Maintains funds and accounts separate from that of any other individual or entity for the interest. (f) The county committee shall require specific proof of ownership. (g) Land owned by different persons of an immediate family living in the same household and operated as a single farming unit shall be considered as being under the same ownership in determining a farm. (h) All land operated as a single unit and owned and operated by a parent corporation and subsidiary corporations of which the parent corporation owns more than 50 percent of the value of the outstanding stock, or where the par… | ||||
| 7:7:7.1.1.2.6.3.1.3 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.203 County committee action to reconstitute a farm. | FSA | Action to reconstitute a farm may be initiated by the county committee, the farm owner, or the operator with the concurrence of the owner of the farm. Any request for a farm reconstitution shall be filed with the county committee. | ||||
| 7:7:7.1.1.2.6.3.1.4 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.204 Reconstitution of base acres. | FSA | [79 FR 57714, Sept. 26, 2014, as amended at 84 FR 45887, Sept. 3, 2019; 91 FR 1053, Jan. 12, 2026] | (a) Farms will be reconstituted in accordance with this subpart when it is determined that the land areas are not properly constituted and, to the extent practicable as determined by county committee, the reconstitution will be based on the facts and conditions existing at the time the change requiring the reconstitution occurred. (b) Reconstitutions will be effective for the fiscal year if initiated by August 1 of that year. Any reconstitution initiated after August 1 will not be effective for that year; it will be effective for the subsequent year. (c) The Deputy Administrator may approve an exception to permit a reconstitution initiated after August 1 to be effective for the same year, if FSA determines that the failure is due to administrative problems as determined by FSA at the local or national level. Producers have no right to seek an exception under this paragraph. When such situations exist, FSA will establish procedures under which reconstitutions will be accepted and when those reconstitutions will become effective. | |||
| 7:7:7.1.1.2.6.3.1.5 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.205 Substantive change in farming operation, and changes in related legal entities. | FSA | (a) Land that is properly constituted as a farm shall not be reconstituted if: (1) The reconstitution request is based upon the formation of a newly established legal entity which owns or operates the farm or any part of the farm and the county committee determines there is not a substantive change in the farming operation; (2) The county committee determines that the primary purpose of the request for reconstitution is to: (i) Obtain additional benefits under one or more commodity programs; (ii) Avoid damages or penalties under a contract or statute; (iii) Correct an erroneous acreage report; or (iv) Circumvent any other program provisions. In addition, no farm shall remain as constituted when the county committee determines that a substantive change in the farming operation has occurred which would require a reconstitution, except as otherwise approved by the State committee with the concurrence of the Deputy Administrator. (b) In determining whether a substantive change has occurred with respect to a farming operation, the county committee shall consider factors such as the composition of the legal entities having an interest in the farming operation with respect to management, financing, and accounting. The county committee shall also consider the use of land, labor, and equipment available to the farming operations and any other relevant factors that bear on the determination. (c) Unless otherwise approved by the State committee with the concurrence of the Deputy Administrator, when the county committee determines that a corporation, trust, or other legal entity is formed primarily for the purpose of obtaining additional benefits under the commodity programs of this title, the farm shall remain as constituted, or shall be reconstituted, as applicable, when the farm is owned or operated by: (1) A corporation having more than 50 percent of the stock owned by members of the same family living in the same household; (2) Corporations having more than 50 percent of the stock owned by stockholders common … | ||||
| 7:7:7.1.1.2.6.3.1.6 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.206 Determining farms, tracts, and base acres when reconstitution is made by division. | FSA | [80 FR 41997, July 16, 2015] | (a) The methods for dividing farms, tracts, and base acres are, in order of precedence: Estate, designation by landowner, cropland, and default. The proper method will be determined on a crop-by-crop basis. (b) The estate method for reconstitution is the pro-rata distribution of base acres for a parent farm among the heirs in settling an estate. If the estate sells a tract of land before the farm is divided among the heirs, the base acres for that tract will be determined according to paragraphs (c) through (e) of this section. (1) Base acres must be divided in accordance with a will, but only if the county committee determines that the terms of the will are such that a division can reasonably be made by the estate method. (2) If there is no will or the county committee determines that the terms of a will are not clear as to the division of base acres, the base acres will be apportioned in the manner agreed to in writing by all interested heirs or devisees who acquire an interest in the property for which base acres have been established. An agreement by the administrator or executor will not be accepted in lieu of an agreement by the heirs or devisees. (3) If base acres are not apportioned as specified in paragraph (b)(1) or (2) of this section, the base acres must be divided as specified in paragraph (d) or (e) of this section, as applicable. (c) If the ownership of a tract of land is transferred from a parent farm, the transferring owner may request that the county committee divide the base acres, including historical acreage that has been double cropped, between the parent farm and the transferred tract, or between the various tracts if the entire farm is sold to two or more purchasers. (1) If the county committee determines that base acres cannot be divided in the manner designated by the owner because the owner's designation does not meet the requirements of paragraph (c)(2) of this section, FSA will notify the owner and permit the owner to revise the designation to meet the requirements. If the owner… | |||
| 7:7:7.1.1.2.6.3.1.7 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.207 Determining base acres when reconstitution is made by combination. | FSA | [80 FR 41998, July 16, 2015] | (a) When two or more farms or tracts are combined for a year, that year's base acres, with respect to the combined farm or tract, as required by applicable program regulations, will not be greater than the sum of the base acres for each of the farms or tracts comprising the combination, subject to the provisions of § 718.204. (b) [Reserved] | |||
| 7:7:7.1.1.2.6.4.1.1 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.301 Applicability. | FSA | [67 FR 66307, Oct. 31, 2002, as amended at 80 FR 41998, July 16, 2015] | (a) This subpart is applicable to programs administered by the Farm Service Agency under chapters VII and XIV of this title, except for an agricultural credit program carried out under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq. ), as amended. Administration of this subpart shall be under the supervision of the Deputy Administrator, except that such authority shall not limit the exercise of authority allowed State Executive Directors of the Farm Service agency as provided for in § 718.307. (b) Section 718.306 does not apply to a function performed under either section 376 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq. ), or a conservation program administered by the Natural Resources Conservation Service of the United States Department of Agriculture. (c) The relief provisions of this part cannot be used to extend a benefit or assistance not otherwise available under law or not otherwise available to others who have satisfied or complied with every eligibility or compliance requirement of the provisions of law or regulations governing the program benefit or assistance. | |||
| 7:7:7.1.1.2.6.4.1.2 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.302 Definitions and abbreviations. | FSA | [67 FR 66307, Oct. 31, 2002, as amended at 80 FR 41998, July 16, 2015] | In addition to the definitions provided in § 718.2 of this part, the following terms apply to this subpart: Covered program means a program specified in § 718.301 of this subpart. FSA means the Farm Service Agency of the United States Department of Agriculture. OGC means the Office of the General Counsel of the United States Department of Agriculture. SED means, for activities within a particular state, the State Executive Director of the United States Department of Agriculture, FSA, for that state. | |||
| 7:7:7.1.1.2.6.4.1.3 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.303 Reliance on incorrect actions or information. | FSA | [80 FR 41998, July 16, 2015] | (a) Notwithstanding any other law, if an action or inaction by a participant is based upon good faith reliance on the action or advice of an authorized representative of an FSA county or State committee, and that action or inaction results in the participant's noncompliance with the requirements of a covered program that is to the detriment of the participant, then that action or inaction still may be approved by the Deputy Administrator as meeting the requirements of the covered program, and benefits may be extended or payments made in as specified in § 718.305. (b) This section applies only to a participant who: (1) Relied in good faith upon the action of, or information provided by, an FSA county or State committee or an authorized representative of such committee regarding a covered program; (2) Acted, or failed to act, as a result of the FSA action or information; and (3) Was determined to be not in compliance with the requirements of that covered program. (c) This section does not apply to cases where the participant had sufficient reason to know that the action or information upon which they relied was improper or erroneous or where the participant acted in reliance on their own misunderstanding or misinterpretation of program provisions, notices or information. | |||
| 7:7:7.1.1.2.6.4.1.4 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.304 Failure to fully comply. | FSA | [80 FR 41998, July 16, 2015] | (a) When the failure of a participant to fully comply with the terms and conditions of a covered program precludes the providing of payments or benefits, relief may be authorized as specified in § 718.305 if the participant made a good faith effort to comply fully with the requirements of the covered program. (b) This section only applies to participants who are determined by FSA to have made a good faith effort to comply fully with the terms and conditions of the covered program and have performed substantial actions required for program eligibility. | |||
| 7:7:7.1.1.2.6.4.1.5 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.305 Forms of relief. | FSA | (a) The Administrator of FSA, Executive Vice President of CCC, or their designee, may authorize a participant in a covered program to: (1) Retain loans, payments, or other benefits received under the covered program; (2) Continue to receive loans, payments, and other benefits under the covered program; (3) Continue to participate, in whole or in part, under any contract executed under the covered program; (4) In the case of a conservation program, re-enroll all or part of the land covered by the program; and (5) Receive such other equitable relief as determined to be appropriate. (b) As a condition of receiving relief under this subpart, the participant may be required to remedy their failure to meet the program requirement, or mitigate its affects. | ||||
| 7:7:7.1.1.2.6.4.1.6 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.306 Finality. | FSA | [67 FR 66307, Oct. 31, 2002, as amended at 80 FR 41998, July 16, 2015] | (a) A determination by an FSA State or county committee (or employee of such committee) becomes final on an application for benefits and binding 90 days from the date the application for benefits has been filed, and supporting documentation required to be supplied by the producer as a condition for eligibility for the particular program has been filed, unless any of the following exceptions exist: (1) The participant has requested an administrative review of the determination in accordance with part 780 of this chapter; (2) The determination was in any way based on erroneous, innocent, or purposeful misrepresentation; false statement; fraud; or willful misconduct by or on behalf of the participant; (3) The determination was modified by the Administrator, FSA, or in the case of CCC programs conducted under Chapter XIV of this title, the Executive Vice President, CCC; or (4) The participant knew or had reason to know that the determination was erroneous. (b) Should an erroneous determination become final under the provisions of this section, the erroneous decision will be corrected according to paragraph (c) of this section. (1) If, as a result of the erroneous decision, payment was issued, no action will be taken by FSA, CCC, or a State or county committee to recover unearned payment amounts unless one or more of the exceptions in paragraph (a) of this section applies; (2) If payment was not issued before the error was discovered, the payment will not be issued. FSA and CCC are under no obligation to issue payments or render decisions that are contrary to law or regulation. (c) FSA and CCC will modify and correct determinations when errors are discovered. As specified in paragraph (b) of this section, FSA or CCC may be precluded from recovering unearned payments that issued as a result of the erroneous decision. FSA or CCC's inability to recover or demand refunds of unearned amounts as specified in paragraph (b) will only be effective through the year in which the error was found and communicated to the pa… | |||
| 7:7:7.1.1.2.6.4.1.7 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.307 Special relief approval authority for State Executive Directors. | FSA | [67 FR 66307, Oct. 31, 2002, as amended at 80 FR 41998, July 16, 2015] | (a) General nature of the special authority. Notwithstanding provisions in this subpart providing supervision and relief authority to other officials, an SED, after consultation with and approval from OGC but without further review by other officials (other than the Secretary) may grant relief to a participant under the provisions of §§ 718.303 through 718.305 as if the SED were the final arbiter within the agency of such matters so long as: (1) The program matter with respect to which the relief is sought is a program matter in a covered program which is operated within the State under the control of the SED; (2) The total amount of relief which will be provided to the participant (that is, to the individual or entity that applies for the relief) by that SED under this special authority for errors during that year is less than $20,000 (including in that calculation, any loan amount or other benefit of any kind payable for that year and any other year); (3) The total amount of such relief which has been previously provided to the participant using this special authority for errors, as calculated above, is not more than $5,000; (4) The total amount of loans, payments, and benefits of any kind for which relief is provided to similarly situated participants by an SED for errors for any year under the authority provided in this section, as calculated above, is not more than $1,000,000. (b) Report of the exercise of the power. A grant of relief shall be considered to be under this section and subject to the special finality provided in this section only if the SED grants the relief in writing when granting the relief to the party who will receive the benefit of such relief and only if, in that document, the SED declares that they are exercising that power. The SED must report the exercise of that power to the Deputy Administrator so that a full accounting may be made in keeping with the limitations of this section. Absent such a report, relief will not be considered to have been made under this section. (c) … |
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