cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:10.1.2.2.25.1.330.1 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | A | Subpart A—Common Provisions | § 1450.1 Administration. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 76 FR 56951, Sept. 15, 2011; 80 FR 10573, Feb. 27, 2015] | (a) The regulations in this part are administered under the general supervision and direction of the Executive Vice President, Commodity Credit Corporation (CCC), or a designee. In the field, the regulations in this part will be implemented by the Farm Service Agency (FSA) State and county committees (“State committees” and “county committees,” respectively). (b) State executive directors, county executive directors, and State and county committees do not have the authority to modify or waive any of the provisions in this part unless specifically authorized by the FSA Deputy Administrator for Farm Programs (Deputy Administrator). (c) The State committee may take any action authorized or required by this part to be taken by the county committee, but which has not been taken by such committee, such as: (1) Correct or require a county committee to correct any action taken by such county committee that is not in accordance with this part; or (2) Require a county committee to withhold taking any action that is not in accordance with this part. (d) No delegation of authority to a State or county committee will preclude the Executive Vice President, CCC, or a designee, from determining any question arising under this part or from reversing or modifying any determination made by a State or county committee. (e) Data furnished by participants will be used to determine eligibility for program benefits. Furnishing the data is voluntary; however, the failure to provide data could result in program benefits being withheld or denied. (f) Subject to the availability of funds and all other eligibility provisions of this part, this part provides the terms, conditions and requirements of BCAP. In the event that CCC determines that available funds are insufficient to accommodate the demand for establishment and annual payments as well as all potential applications for matching payments for collection, harvest, storage, and transportation of eligible material, without any advance notice other than that stated here, CCC may pr… | |||
| 7:7:10.1.2.2.25.1.330.10 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | A | Subpart A—Common Provisions | § 1450.10 Scheme or device. | CCC | [75 FR 66234, Oct. 27, 2010. Redesignated at 80 FR 10573, Feb. 27, 2015] | (a) If CCC determines that a person or legal entity has employed a scheme or device to defeat the purposes of this part, or any part, of any USDA program, payment otherwise due or paid such person or legal entity during the applicable period may be required to be refunded, with interest calculated from the date of disbursement of the funds by CCC, as determined appropriate by CCC. (b) A scheme or device includes, but is not limited to, coercion, fraud, misrepresentation, depriving any other person or legal entity of any payments, or obtaining a payment that otherwise would not be payable. (c) A new owner or operator or tenant of land subject to this part who succeeds to the contract responsibilities must report in writing to CCC any interest of any kind in the land subject to this part that is retained by a previous participant. Such interest may include a present, future, or conditional interest, reversionary interest, or any option, future or present, on such land, and any interest of any lender in such land where the lender has, will, or can legally obtain, a right of occupancy to such land or an interest in the equity in such land other than an interest in the appreciation in the value of such land occurring after the loan was made. Failure to fully disclose such interest will be considered a scheme or device under this section. | |||
| 7:7:10.1.2.2.25.1.330.11 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | A | Subpart A—Common Provisions | § 1450.11 Filing of false claims. | CCC | [75 FR 66234, Oct. 27, 2010. Redesignated at 80 FR 10573, Feb. 27, 2015] | (a) If CCC determines that any participant has knowingly supplied false information or has knowingly filed a false claim, such participant will be ineligible for payments under this part with respect to the fiscal year in which the false information or claim was filed and the contract may be terminated, in which case CCC may demand a full refund of all prior payments. (b) False information or false claims include, but are not limited to, claims for payment for practices that do not comply with the conservation plan, forest stewardship plan, or equivalent plan. Any amounts paid under these circumstances must be refunded to CCC, together with interest as determined by CCC, and any amounts otherwise due the participant will be withheld. (c) The remedies provided for in this section will be in addition to any other remedy available to CCC and in addition to any criminal penalty or any other remedy available to the United States. | |||
| 7:7:10.1.2.2.25.1.330.12 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | A | Subpart A—Common Provisions | § 1450.12 Miscellaneous. | CCC | [75 FR 66234, Oct. 27, 2010. Redesignated at 80 FR 10573, Feb. 27, 2015] | (a) Except as otherwise provided in this part, in the case of death, incompetency, or disappearance of any participant, any payments due under this part may be paid to the participant's successor(s) in accordance with part 707 of this title. (b) Unless otherwise specified in this part, payments under this part will be subject to the compliance requirements of part 12 of this title concerning highly erodible land and wetland conservation and payments. (c) Any remedies permitted CCC under this part will be in addition to any other remedy, including, but not limited to, criminal remedies or actions for damages in favor of CCC, or the United States as may be permitted by law. (d) Absent a scheme or device to defeat the purposes of BCAP, when an owner loses control of BCAP acreage enrolled under subpart C of this part due to foreclosure and the new owner chooses not to continue the contract in accordance with § 1450.215 refunds will not be required from any participant on the contract to the extent that the Deputy Administrator determines that forgiving such repayment is appropriate in order to provide fair and equitable treatment. | |||
| 7:7:10.1.2.2.25.1.330.2 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | A | Subpart A—Common Provisions | § 1450.2 Definitions. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 76 FR 56951, Sept. 15, 2011; 80 FR 10573, Feb. 27, 2015; 88 FR 1892, Jan. 11, 2023] | (a) The definitions in part 718 of this title apply to this part and all documents issued in accordance with this part, except as otherwise provided in this section. (b) The following definitions apply to this part: Advanced biofuel means fuel derived from renewable biomass other than corn kernel starch, including biofuels derived from cellulose, hemicellulose, or lignin; biofuels derived from sugar and starch (other than ethanol derived from corn kernel starch); biofuel derived from waste material, including crop residue, other vegetative waste material, animal waste, food waste, and yard waste; diesel-equivalent fuel derived from renewable biomass including vegetable oil and animal fat; biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass; and butanol or other alcohols produced through the conversion of organic matter from renewable biomass; and other fuel derived from cellulosic biomass. Agricultural land means cropland, grassland, pastureland, rangeland, hayland, and other land on which food, fiber, or other agricultural products are produced or capable of being produced. Agricultural residue means crop residue from agricultural lands, including woody orchard waste. Animal waste means the organic animal waste of animal operations such as confined beef or dairy, poultry, or swine operations including manure, contaminated runoff, milking house waste, dead poultry, bedding, and spilled feed. Depending on the poultry system, animal waste can also include litter, wash-flush water, and waste feed. Annual payment means the annual payment specified in the BCAP contract for BCAP project areas that is issued to a participant for placing eligible land in BCAP. Biobased product means a product determined by CCC to be a commercial or industrial product (other than food or feed) that is: (1) Composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materi… | |||
| 7:7:10.1.2.2.25.1.330.3 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | A | Subpart A—Common Provisions | § 1450.3 General. | CCC | (a) The objectives of BCAP are to: (1) Support the establishment and production of eligible crops for conversion to bioenergy and biobased products in selected project areas; and (2) Assist agricultural and forest landowners and operators with matching payments to support the collection, harvest, storage, and transportation costs of eligible material for use in a biomass conversion facility. (b) A participant must implement and adhere to a conservation plan, forest stewardship plan, or equivalent plan prepared in accordance with BCAP guidelines, as established and determined by CCC. A conservation plan, forest stewardship plan, or equivalent plan for contract acreage must be implemented by a participant and must be approved by the conservation district in which the lands are located, or, in the case of Federal lands, the appropriate approval authority of jurisdiction. If the conservation district declines to review the conservation plan, forest stewardship plan, or equivalent plan, the provider of technical assistance may take such further action as is needed to account for lack of such review. (c) Agricultural and forest landowners and operators must comply with any applicable existing conservation plan, forest stewardship plan, or equivalent plan and all other applicable laws, regulations, or Executive Orders for any removal of eligible material for use in a biomass conversion facility to receive matching payments. (d) Except as otherwise provided in this part, a participant may receive, in addition to any payments under this part, financial assistance, rental or easement payments, tax benefits, or other payments from a State or a private organization in return for enrolling lands in BCAP, without any commensurate reduction in BCAP payments. | ||||
| 7:7:10.1.2.2.25.1.330.4 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | A | Subpart A—Common Provisions | § 1450.4 Violations. | CCC | (a)(1) If a participant fails to carry out the terms and conditions of a BCAP contract, CCC may terminate the BCAP contract. (2) If the BCAP contract is terminated by CCC in accordance with this paragraph: (i) The participant will forfeit all rights to further payments under the contract and must refund all payments previously received, plus interest; and (ii) The participant must pay liquidated damages to CCC in an amount as specified in the contract. (b) CCC may reduce a demand for a refund under this section to the extent CCC determines that such relief would be appropriate and would not deter the accomplishment of the purposes of BCAP. | ||||
| 7:7:10.1.2.2.25.1.330.5 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | A | Subpart A—Common Provisions | § 1450.5 Performance based on advice or action of USDA. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 76 FR 56951, Sept. 15, 2011] | (a) The provisions of § 718.303 of this title relating to performance based on the action or advice of an authorized representative of USDA apply to this part, and may be considered as a basis to provide relief to persons subject to sanctions under this part to the extent that relief is otherwise permitted by this part. (b) [Reserved] | |||
| 7:7:10.1.2.2.25.1.330.6 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | A | Subpart A—Common Provisions | § 1450.6 Access to land. | CCC | (a) For purposes related to this program, the participant must upon request provide any representative of USDA, or designee thereof, with access to land that is: (1) The subject of an application for a contract under this part; or (2) Under contract or otherwise subject to this part. (b) For land identified in paragraph (a) of this section, the participant must provide such representatives or designees with access to examine records for the land to determine land classification, eligibility, or for other purposes, and to determine whether the participant is in compliance with the terms and conditions of the BCAP contract. | ||||
| 7:7:10.1.2.2.25.1.330.7 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | A | Subpart A—Common Provisions | § 1450.7 Division of payments and provisions about tenants and sharecroppers. | CCC | (a) Payments received under this part will be divided as specified in the applicable contract. CCC may refuse to enter into a contract when there is a disagreement among persons or legal entities seeking enrollment as to a person's or legal entity's eligibility to participate in the contract as a tenant or sharecropper, and there is insufficient evidence, as determined by CCC, to indicate whether the person or legal entity seeking participation as a tenant or sharecropper has an interest in the acreage offered for enrollment in the BCAP. (b) CCC may remove an operator or tenant from a BCAP contract when: (1) The operator or tenant requests in writing to be removed from the BCAP contract; (2) The operator or tenant files for bankruptcy and the trustee or debtor in possession fails to affirm the contract, to the extent permitted by applicable bankruptcy laws; (3) The operator or tenant dies during the contract period and the administrator of the estate fails to succeed to the contract within a period of time determined appropriate by CCC; or (4) A court of competent jurisdiction orders the removal of the operator or tenant from the BCAP contract and such order is received by CCC. (c) Tenants who fail to maintain tenancy on the acreage under contract for any reason may be removed from a contract by CCC. | ||||
| 7:7:10.1.2.2.25.1.330.8 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | A | Subpart A—Common Provisions | § 1450.8 Payments not subject to claims. | CCC | (a) Subject to part 1403 of this chapter, any payment or portion of the payment due any person or legal entity under this part will be allowed without regard to questions of title under State law, and without regard to any claim or lien in favor of any creditor, except agencies of the U.S. Government. (b) [Reserved] | ||||
| 7:7:10.1.2.2.25.1.330.9 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | A | Subpart A—Common Provisions | § 1450.9 Appeals. | CCC | [75 FR 66234, Oct. 27, 2010. Redesignated and amended at 80 FR 10573, Feb. 27, 2015] | (a) Except as provided in paragraph (b) of this section, a person or legal entity applying for participation may appeal or request reconsideration of an adverse determination in accordance with the administrative appeal regulations at parts 11 and 780 of this title. (b) Determinations by the Natural Resources Conservation Service, U.S. Forest Service, Department of Interior, Bureau of Land Management, or other authorized technical assistance provider may be appealed in accordance with procedures established in part 614 of this title or otherwise established by the respective Agency. | |||
| 7:7:10.1.2.2.25.2.330.1 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | B | Subpart B—Matching Payments | § 1450.100 General. | CCC | (a) A person or legal entity with the right to collect or harvest eligible material for the sale and delivery of such eligible material to a qualified biomass conversion facility, may be eligible for payment under the provisions of this subpart. (b) [Reserved] | ||||
| 7:7:10.1.2.2.25.2.330.2 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | B | Subpart B—Matching Payments | § 1450.101 Qualified biomass conversion facility. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10573, Feb. 27, 2015] | (a) To be considered a qualified biomass conversion facility, a biomass conversion facility must enter into an agreement with CCC and must: (1) Meet all applicable regulatory and permitting requirements by applicable Federal, State, or local authorities; (2) Agree in writing to: (i) Maintain accurate records of all eligible material purchases and related documents regardless of whether matching payments will be sought by the seller; and (ii) Make available at one place and at all reasonable times for examination by representatives of USDA, all books, papers, records, contracts, scale tickets, settlement sheets, invoices, written price quotations, or other documents related to BCAP for not less than 3 years after the date that eligible material was delivered to the qualified biomass conversion facility; (iii) Clearly indicate the actual tonnage delivered on the scale ticket or equivalent to be provided to the eligible material owner; (iv) Calculate a total dry ton weight equivalent of the actual tonnage delivered and provide that measurement to the eligible material owner; (v) Use commercial weight scales that are certified for accuracy by applicable State or local authorities and accurate moisture measurement equipment to determine the dry ton weight equivalent of actual tonnage delivered. Woody material dry ton weight must be determined in accordance with applicable ASTM standards; and (vi) Purchase eligible material at a fair market price that is consistent with similar products, regardless of whether or not the seller has applied for or receives a matching payment authorized by this subpart or if the seller and purchaser are related entities. (b) For a qualified biomass conversion facility, CCC can: (1) Periodically inform the public that payments may be available for deliveries of eligible material to such qualified biomass conversion facility; (2) Maintain a listing of qualified biomass conversion facilities for general public access and distribution that may include general information about the … | |||
| 7:7:10.1.2.2.25.2.330.3 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | B | Subpart B—Matching Payments | § 1450.102 Eligible material owner. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 76 FR 56951, Sept. 15, 2011; 80 FR 10573, Feb. 27, 2015] | (a) In order to be eligible for a payment under this subpart, a person or legal entity must: (1) Be a producer of an eligible crop that is produced on contract acreage authorized by subpart C of this part; or (2) Have the right to collect or harvest eligible material, regardless of whether the eligible material is produced on contract acreage authorized by subpart C of this part, and such person may only receive payment if the risk of loss for the material transferred to that person occurred prior to the time the payment is made that will be used to determine the matching payment that is requested under this subpart; and (3) Certify that the eligible material for which a payment may be issued as specified in § 1450.106 has been harvested according to a conservation plan, forest stewardship plan, or equivalent plan, and, if woody eligible material collected or harvested on land other than contract acreage, the woody material is a by-product of preventative treatments that was removed to reduce hazardous fuels or to reduce or contain disease or insect infestation. (b) A qualified biomass conversion facility that meets the requirements of paragraph (a) of this section may be considered an eligible material owner if it otherwise meets the definition in this part. | |||
| 7:7:10.1.2.2.25.2.330.4 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | B | Subpart B—Matching Payments | § 1450.103 Eligible material for payments. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10573, Feb. 27, 2015] | (a) Except for the exclusions specified in paragraph (b) of this section, in order to qualify for matching payments, eligible material must meet the following requirements: (1) Eligible material must be collected or harvested by the eligible material owner: (i) Directly from: (A) National Forest System land, Bureau of Land Management land; (B) Non-Federal land; or (C) Land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States; (ii) Consistent with a conservation plan, forest stewardship plan, or plan that CCC determined to be an equivalent plan, that provides the following: (A) The purpose of the harvest of the eligible material; (B) The expected volume of the harvest; (C) The total number of acres to be harvested; (D) The name of the eligible material owner(s); and (E) Any additional information, as determined by CCC; and (iii) Consistent with Executive Order 13112, “Invasive Species. ” (2) Woody eligible material produced on land other than contract acreage must be: (i) By-products of preventative treatments that were removed to reduce hazardous fuels or to reduce or contain disease or insect infestation; and (ii) If harvested from Federal lands then done so in accordance with the requirements for old-growth maintenance, restoration, and management direction provided by 16 U.S.C. 6512 for Federal lands; and (3) Eligible material must be delivered to a qualified biomass conversion facility (as specified in § 1450.101 and other provisions of these regulations). (b) Notwithstanding paragraph (a) of this section, payments under this subpart are not authorized for: (1) Any eligible material delivered before May 28, 2015; (2) Any eligible material for which payment from a biomass conversion facility was received before the application for payment under this subpart is received and approved by the FSA county office, as specified in § 1450.104; (3) Material that is whole grain from any crop that i… | |||
| 7:7:10.1.2.2.25.2.330.5 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | B | Subpart B—Matching Payments | § 1450.104 Signup. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10573, Feb. 27, 2015] | (a) Applications for participation and requests for payments under this subpart will be accepted as specified in the FSA announcement(s) in a given fiscal year through the end of the announced sign up period on a continuous basis, subject to the availability of funds. (b) An eligible material owner must apply to participate in the matching payments component of BCAP before delivery is made to a qualified biomass conversion facility and before payment for the eligible material is received from the qualified biomass conversion facility. The application must be submitted to the FSA county office servicing the tracts of land where the collection and harvest will occur and must be approved by CCC, before any delivery is made to or payment is made by the qualified biomass conversion facility for the eligible material. (c) Applications must include the following: (1) Based on information obtained from contracts, agreements, or binding letters of intent: (i) An estimate of the total dry tons of eligible material expected to be sold to the qualified biomass conversion facility; (ii) The type(s) of eligible material that is expected to be sold; (iii) The name of the qualified biomass conversion facility that will purchase the eligible material; (iv) The expected, fair market, per dry ton payment rate the owner plans to receive for the delivery of the eligible material; and (v) The date or dates the eligible material is expected to be delivered to the qualified biomass conversion facility. (2) A new or amended conservation plan, forest stewardship plan, or equivalent plan, as specified in § 1450.103. (d) Eligible material owners who deliver eligible material to more than one qualified biomass conversion facility must submit separate applications for each facility to which eligible material will be delivered. (e) After delivery, eligible material owners must notify CCC and request the payment. Payments will be disbursed only after delivery is verified by CCC. (f) Information that must be submitted to CCC in order… | |||
| 7:7:10.1.2.2.25.2.330.6 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | B | Subpart B—Matching Payments | § 1450.105 Obligations of participant. | CCC | (a) All participants whose payment application was approved must agree to: (1) Carry out and certify compliance with the terms and conditions of the payment application including adherence to a conservation plan, forest stewardship plan, or equivalent plan, as appropriate; and (2) Be jointly and severally responsible, if the participant has a share of the payment greater than zero, with other contract participants for compliance with the provisions of such contract and the provisions of this part, and for any refunds or payment adjustments that may be required for violations of any of the terms and conditions of the BCAP contract and this part. (b) [Reserved] | ||||
| 7:7:10.1.2.2.25.2.330.7 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | B | Subpart B—Matching Payments | § 1450.106 Payments. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10574, Feb. 27, 2015] | (a) Payments under this subpart will be made for a term not to exceed 2 years, commencing on the date that CCC issues the first payment under this subpart to the participant. The 2-year eligibility period for each participant runs from the date that the participant is first issued any matching payment from CCC, regardless of payment for subsequent deliveries to any other biomass conversion facility. The eligibility period will not include any BCAP matching payments received prior to May 28, 2015. (b) Payments under this subpart will be paid at a rate of $1 for each $1 per dry ton provided by the qualified biomass conversion facility for the market-based sale of eligible material in an amount up to $20 per dry ton. | |||
| 7:7:10.1.2.2.25.3.330.1 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.200 General. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10574, Feb. 27, 2015] | (a) As provided in this subpart, establishment payments and annual payments may be provided by CCC to producers of eligible crops within a project area. (b) Eligible crops include renewable biomass, as defined § 1450.2, excluding: (1) Any crop that is eligible to receive payments under title I of the Agricultural Act of 2014 or an amendment made by that title, including, but not limited to, barley, corn, grain sorghum, oats, rice, or wheat; honey; mohair; certain oilseeds such as canola, crambe, flaxseed, mustard seed, rapeseed, safflower seed, soybeans, sesame seed, and sunflower seeds; peanuts; pulse; chickpeas, lentils, and dry peas; dairy products; sugar; and wool and cotton boll fiber; and (2) Any plant that CCC has determined to be either a noxious weed or an invasive species. With respect to noxious weeds and invasive species, a list of such plants will be available in the FSA county office. | |||
| 7:7:10.1.2.2.25.3.330.10 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.209 Signup. | CCC | (a) Offers for contracts may be submitted on a continuous basis to CCC as determined by the Deputy Administrator. (b) [Reserved] | ||||
| 7:7:10.1.2.2.25.3.330.11 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.210 Acceptability of offers. | CCC | (a) Acceptance or rejection of any contract offered will be at the sole discretion of CCC, and offers may be rejected for any reason as determined appropriate to accomplish the purposes of BCAP. (b) An offer to enroll land in BCAP will be irrevocable for such period as is determined and announced by CCC. The producer will be liable to CCC for liquidated damages if the applicant revokes an offer during the period in which the offer is irrevocable as determined by CCC. CCC may waive payment of such liquidated damages if CCC determines that the assessment of such damages, in a particular case, is not in the best interest of CCC and BCAP. | ||||
| 7:7:10.1.2.2.25.3.330.12 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.211 BCAP contract. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10575, Feb. 27, 2015] | (a) In order to enroll land in BCAP, the participant must enter into a contract with CCC. (b) The contract is comprised of: (1) The terms and conditions for participation in BCAP; (2) The conservation plan, forest stewardship plan, or equivalent plan; and (3) Any other materials or agreements determined necessary by CCC. (c) In order to enter into a contract, the producer must submit an offer to participate as specified in § 1450.209; (d) The contract must, within the dates established by CCC, be signed by: (1) The producer; and (2) The owners of the eligible land to be placed in the BCAP and other eligible participants, if applicable. (e) The Deputy Administrator is authorized to approve contracts on behalf of CCC. (f) CCC will honor contracts even in the event that a project area biomass conversion facility does not become fully or partially operational. (g) Contracts may be terminated by CCC before the full term of the contract has expired if: (1) The owner loses control of or transfers all or part of the acreage under contract and the new owner does not wish to continue the contract; (2) The participant voluntarily requests in writing to terminate the contract and obtains the approval of CCC according to terms and conditions as determined by CCC; (3) The participant is not in compliance with the terms and conditions of the contract; (4) The BCAP practice fails or is not established after a certain time period, as determined by CCC, and the cost of restoring or establishing the practice outweighs the benefits received from the restoration or establishment; (5) The contract was approved based on erroneous eligibility determinations; or (6) CCC determines that such a termination is needed in the public interest. (h) Except as allowed and approved by CCC where the new owner of land enrolled in BCAP is a Federal agency that agrees to abide by the terms and conditions of the terminated contract, the participant in a contract that has been terminated must refund all or part of the payments made wit… | |||
| 7:7:10.1.2.2.25.3.330.13 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.212 Establishment payments. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10575, Feb. 27, 2015] | (a) Establishment payments will be made available upon a determination by CCC that an eligible practice, or an identifiable portion of a practice, has been established in compliance with the appropriate standards and specifications. (b) Except as otherwise provided for in this part, such payments will be made only for the cost-effective establishment or installation of an eligible practice, as determined by CCC. (c) Except as provided in paragraph (d) of this section, such payments will not be made to the same owner or operator on the same acreage for any eligible practices that have been previously established, or for which such owner or operator has received establishment assistance from any Federal agency. (d) Establishment payments may be authorized for the replacement or restoration of practices on land for which assistance has been previously allowed under BCAP, only if the failure of the original practice was due to reasons beyond the control of the participant, as determined by CCC. (e) In addition, CCC may make partial payments when the participant completes identifiable components of the contract. CCC may make supplemental establishment payments, if necessary. | |||
| 7:7:10.1.2.2.25.3.330.14 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.213 Levels and rates for establishment payments. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10575, Feb. 27, 2015] | (a) CCC will pay not more than 50 percent of the actual or average cost (whichever is lower) of establishing non-woody perennial crops and woody perennial crops specified in the conservation plan, forest stewardship plan, or equivalent plan, not to exceed $500 per acre. For socially disadvantaged farmers or ranchers, as defined in part 718 of this title, establishment payments may not exceed $750 per acre. (b) The average cost of performing a practice will be determined by CCC based on recommendations from the State Technical Committee. Such cost may be the average cost in a State, a county, or a part of a State or county, as determined by CCC. The average cost as determined by CCC will be used for payment purposes, if it is less than the actual cost for an individual participant. (c) Except as otherwise provided for in this part, a participant may receive, in addition to any payment under this part, establishment assistance, rental payments, or tax benefits from a State or a private organization in return for enrolling lands in BCAP without a commensurate reduction in BCAP establishment payments. | |||
| 7:7:10.1.2.2.25.3.330.15 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.214 Annual payments. | CCC | (a) Annual payments will be made in such amount and in accordance with such time schedule as may be agreed upon and specified in the BCAP contract. (b) Based on the regulations in § 1410.42 of this chapter and as determined by CCC, annual payments include a payment based on all or a percentage of: (1) A weighted average soil rental rate for cropland; (2) The applicable marginal pastureland rental rate for all other land except for nonindustrial private forest land; (3) For forest land, the average county rental rate for cropland as adjusted for forest land productivity for nonindustrial private forest land; and (4) Any incentive payment as determined by CCC. (c) The annual payment will be divided among the participants on a single contract as agreed to in such contract, as determined by CCC. (d) A participant that has an established eligible crop and is therefore not eligible for establishment payments under § 1450.212 may be eligible for annual payments under the provisions of this section. (e) In the case of a contract succession, annual payments will be divided between the predecessor and the successor participants as agreed to among the participants and approved by CCC. If there is no agreement among the participants, annual payments will be divided in such manner deemed appropriate by the Deputy Administrator and such distribution may be prorated based on the actual days of ownership of the property by each party. (f) Annual payments will be reduced, as determined by CCC: (1) By a percentage of the sum of the sale price and payments under subpart B of this part for the crop collected or harvested from the contract acreage as follows: (i) By 1 percent if the eligible crop is delivered to a biomass conversion facility for conversion to cellulosic biofuels as defined by 40 CFR 80.1401; (ii) By 10 percent if the eligible crop is delivered to a biomass conversion facility for conversion to advanced biofuels; (iii) By 25 percent if the eligible crop is delivered to a biomass conversion facility for co… | ||||
| 7:7:10.1.2.2.25.3.330.16 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.215 Transfer of land. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10575, Feb. 27, 2015] | (a)(1) If a new owner or operator purchases or obtains the right and interest in, or right to occupancy of, land subject to a BCAP contract, such new owner or operator, upon the approval of CCC, may become a participant to a new BCAP contract with CCC for the transferred land. (2) For the transferred land, if the new owner or operator becomes a successor to the existing BCAP contract, the new owner or operator will assume all obligations of the BCAP contract of the previous participant. (3) If the new owner or operator is approved as a successor to a BCAP contract with CCC, then, except as otherwise determined by the Deputy Administrator: (i) Establishment payments will be made to the past or present participant who established the practice; and (ii) Annual payments to be paid during the fiscal year when the land was transferred will be divided between the new participant and the previous participant in the manner specified in § 1450.214(c). (b) If a participant transfers all or part of the right and interest in, or right to occupancy of, land subject to a BCAP contract and the new owner or operator does not become a successor to such contract within 60 days of such transfer, or such other time as CCC determines to be appropriate, such contract will be terminated with respect to the affected portion of such land, and the original participant: (1) Forfeits all rights to any future payments for that acreage; (2) Must refund all previous payments received under the contract by the participant or prior participants, plus interest, except as otherwise specified by CCC. The provisions of § 1450.211(g) will apply. (c) Federal agencies acquiring property, by foreclosure or otherwise, that contains BCAP contract acreage cannot be a party to the BCAP contract by succession. However, through an addendum to the BCAP contract, if the current operator of the property is one of the BCAP contract participants, the BCAP contract may remain in effect and, as permitted by CCC, such operator may continue to receive payments … | |||
| 7:7:10.1.2.2.25.3.330.2 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.201 Project area proposal submission requirements. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10574, Feb. 27, 2015] | (a) To be considered for selection as a project area, a project sponsor must submit a proposal to CCC that includes, at a minimum: (1) A description of the sources of renewable biomass, eligible land, and eligible crops that may be enrolled within the proposed project area; (2) A letter of commitment from a biomass conversion facility stating that the facility will use, for BCAP purposes, eligible crops intended to be produced in the proposed project area; (3) Information demonstrating that the biomass conversion facility has or will have sufficient equity available to operate if the facility is not operational at the time the project area proposal is submitted; and (4) Any other information that gives CCC a reasonable assurance that the biomass conversion facility will be in operation in a timely manner so that it will use the eligible crops, as determined by CCC. (b) The project area description required in paragraph (a) of this section needs to specify geographic boundaries and be described in definite terms such as acres, watershed boundaries, mapped longitude and latitude coordinates, or counties. (c) The project area needs to be physically located near a biomass conversion facility or facilities, as determined by CCC. (d) Project area proposals may limit the nature and types of eligible crops to be established within a project area. | |||
| 7:7:10.1.2.2.25.3.330.3 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.202 Project area selection criteria. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10574, Feb. 27, 2015] | (a) In selecting project areas, CCC will consider: (1) The dry tons of the eligible crops proposed to be produced in the proposed project area and the probability that such crops will be used for BCAP purposes; (2) The dry tons of renewable biomass projected to be available from sources other than the eligible crops grown on contract acres; (3) The anticipated economic impact in the proposed project area; (4) The opportunity for producers and local investors to participate in the ownership of the biomass conversion facility in the proposed project area; (5) The participation rate by beginning or socially disadvantaged farmers or ranchers; (6) The impact on soil, water, and related resources; (7) The variety in biomass production approaches within a project area, including agronomic conditions, harvest and postharvest practices, and monoculture and polyculture crop mixes; (8) The range of eligible crops among project areas; (9) Status as an existing project area that has received funding under this subpart and the continuation of funding such project areas to advance the maturity of such project areas; and (10) Any other necessary additional information, as determined by CCC. (b) [Reserved] | |||
| 7:7:10.1.2.2.25.3.330.4 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.203 Eligible persons and legal entities. | CCC | (a) In order to be eligible to enter into a BCAP contract for this subpart, a person or legal entity must be an owner, operator, or tenant of eligible land within a project area, as defined in § 1450.204 and be the person or entity with the ability to perform under the terms of the contract. (b) [Reserved] | ||||
| 7:7:10.1.2.2.25.3.330.5 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.204 Eligible land. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 80 FR 10575, Feb. 27, 2015] | (a) For the purposes of this subpart, eligible land must be physically and legally capable of producing an eligible crop and must be: (1) Agricultural land; or (2) Nonindustrial private forest land. (b) For the purposes of this subpart, eligible land is not: (1) Federal- or State-owned land, including land owned by local governments or municipalities; (2) Land that is native sod; (3) Land enrolled in the Conservation Reserve Program (CRP) as specified in part 1410 of this chapter for which either: (i) The enrollment is not expiring in the current fiscal year; or (ii) A CRP payment for this land has been received in the current fiscal year; or (4) Land enrolled in the Agricultural Conservation Easement Program (ACEP) for which either: (i) The enrollment is not expiring in the current fiscal year; or (ii) An ACEP payment for this land has been received in the current fiscal year. | |||
| 7:7:10.1.2.2.25.3.330.6 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.205 Duration of contracts. | CCC | (a) Contracts under this subpart will be for a term of up to: (1) 5 years for annual and non-woody perennial crops; and (2) 15 years for woody perennial crops. (b) The establishment time period may vary due to: Type of crop, agronomic conditions (for example, establishment time frame, winter hardiness), and other factors. | ||||
| 7:7:10.1.2.2.25.3.330.7 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.206 Obligations of participant. | CCC | [75 FR 66234, Oct. 27, 2010, as amended at 76 FR 56951, Sept. 15, 2011] | (a) All participants subject to a BCAP contract must: (1) Carry out the terms and conditions of the contract; (2) Make available to CCC or to an institution of higher education or other entity designated by CCC, such information as CCC determines to be appropriate to promote the production of eligible crops and the development of renewable biomass conversion technology; (3) Comply with the highly erodible land and wetland conservation requirements of part 12 of this title; (4) Implement a: (i) Conservation plan, (ii) Forest stewardship plan, or (iii) Equivalent plan. (5) Implement the conservation plan, forest stewardship plan, or equivalent plan which is part of such contract, in accordance with the schedule of dates included in such conservation plan, forest stewardship plan, or equivalent plan, unless CCC determines that the participant cannot fully implement the conservation plan, forest stewardship plan, or equivalent plan for reasons beyond the producer's control and CCC and the participant agree to a modified plan. (6) Demonstrate compliance with the conservation plan, forest stewardship plan, or equivalent plan through required self-certification subject to compliance spot checks, as determined by CCC. (7) Establish temporary vegetative cover either within the timeframes required by the conservation plan, forest stewardship plan, or equivalent plan or as determined by the Deputy Administrator, if the eligible crops cannot be timely established; and (8) If the participant has a share of the payment greater than zero, be jointly and severally responsible with the other contract participants for compliance with the provisions of such contract and the provisions of this part, and for any refunds or payment adjustments that may be required for violations of any of the terms and conditions of the contract and this part. (b) Payments may cease and producers may be subject to contract termination for failure to establish eligible crops. (c) A contract will not be terminated for failure by the partici… | |||
| 7:7:10.1.2.2.25.3.330.8 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | § 1450.207 Conservation plan, forest stewardship plan, or equivalent plan. | CCC | (a) The producer must implement a conservation plan, forest stewardship plan, or equivalent plan that complies with CCC guidelines and is approved by the appropriate conservation district for the land to be entered in BCAP. If the conservation district declines to review the conservation plan, forest stewardship plan, or equivalent plan, or disapproves the conservation plan, forest stewardship plan, or equivalent plan, such approval may be waived by CCC. (b) The practices and management activities included in a conservation plan, forest stewardship plan, or equivalent plan, and agreed to by the producer, must be implemented in a cost-effective manner that meets BCAP purposes as determined by CCC. (c) If applicable, a tree planting plan must be developed and included in the conservation plan, forest stewardship plan, or equivalent plan. Such tree planting plan may allow a reasonable time to complete plantings, as determined by CCC. (d) Each conservation plan, forest stewardship plan, or equivalent plan, and any revision of the plan, will be subject to approval by CCC. | ||||
| 7:7:10.1.2.2.25.3.330.9 | 7 | Agriculture | XIV | B | 1450 | PART 1450—BIOMASS CROP ASSISTANCE PROGRAM (BCAP) | C | Subpart C—Establishment Payments and Annual Payments | 1450.208 Eligible practices. | CCC | (a) Eligible practices are those practices specified in the conservation plan, forest stewardship plan, or equivalent plan that meet all standards needed to cost-effectively establish: (1) Annual crops; (2) Non-woody perennial crops; and (3) Woody perennial crops. (b) [Reserved] |
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