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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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| 15:15:2.1.3.2.2.0.1.1 | 15 | Commerce and Foreign Trade | VII | A | 701 | PART 701—REPORTING OF OFFSETS AGREEMENTS IN SALES OF WEAPON SYSTEMS OR DEFENSE-RELATED ITEMS TO FOREIGN COUNTRIES OR FOREIGN FIRMS | § 701.1 Purpose. | BIS | [59 FR 61796, Dec. 2, 1994, as amended at 74 FR 68140, Dec. 23, 2009] | The Defense Production Act Amendments of 1992 require the Secretary of Commerce to promulgate regulations for U.S. firms entering into contracts for the sale of defense articles or defense services to foreign countries or foreign firms that are subject to offset agreements exceeding $5,000,000 in value to furnish information regarding such agreements. The Secretary of Commerce has designated the Bureau of Industry and Security as the organization responsible for implementing this provision. The information provided by U.S. firms will be aggregated and used to determine the impact of offset transactions on the defense preparedness, industrial competitiveness, employment, and trade of the United States. Summary reports are submitted annually to Congress pursuant to Section 309 of the Defense Production Act of 1950, as amended. | |||||
| 15:15:2.1.3.2.2.0.1.2 | 15 | Commerce and Foreign Trade | VII | A | 701 | PART 701—REPORTING OF OFFSETS AGREEMENTS IN SALES OF WEAPON SYSTEMS OR DEFENSE-RELATED ITEMS TO FOREIGN COUNTRIES OR FOREIGN FIRMS | § 701.2 Definitions. | BIS | [59 FR 61796, Dec. 2, 1994, as amended at 74 FR 68140, Dec. 23, 2009; 81 FR 10474, Mar. 1, 2016] | (a) Offsets. Compensation practices required as a condition of purchase in either government-to-government or commercial sales of: (1) Defense articles and/or defense services as defined by the Arms Export Control Act and the International Traffic in Arms Regulations; or (2) Items controlled under an Export Control Classification Number (ECCN) that has the numeral “6” as its third character in the Commerce Control List found in supplement no. 1 to part 774 of this chapter other than semi-submersible and submersible vessels specially designed for cargo transport and parts, components, accessories and attachments specially designed therefor controlled under ECCN 8A620.b; test, inspection and production equipment controlled in ECCN 8B620.b, software controlled in ECCN 8D620.b and technology controlled in ECCN 8E620.b. (b) Military Export Sales. Exports that are either Foreign Military Sales (FMS) or commercial (direct) sales of: (1) Defense articles and/or defense services as defined by the Arms Export Control Act and International Traffic in Arms Regulations; or (2) Items controlled under an Export Control Classification Number (ECCN) that has the numeral “6” as its third character in the Commerce Control List found in supplement no. 1 to part 774 of this chapter other than semi-submersible and submersible vessels specially designed for cargo transport and parts, components, accessories and attachments specially designed therefor controlled under ECCN 8A620.b; test, inspection and production equipment controlled in ECCN 8B620.b; software controlled in ECCN 8D620.b; and technology controlled in ECCN 8E620.b. (c) Prime Contractor. A firm that has a sales contract with a foreign entity or with the U.S. Government for military export sales. (d) United States. Includes the 50 states, the District of Columbia, Puerto Rico, and U.S. territories. (e) Offset Agreement. Any offset as defined above that the U.S. firm agrees to in order to conclude a military export sales contract. This includes all offsets, … | |||||
| 15:15:2.1.3.2.2.0.1.3 | 15 | Commerce and Foreign Trade | VII | A | 701 | PART 701—REPORTING OF OFFSETS AGREEMENTS IN SALES OF WEAPON SYSTEMS OR DEFENSE-RELATED ITEMS TO FOREIGN COUNTRIES OR FOREIGN FIRMS | § 701.3 Applicability and scope. | BIS | [59 FR 61796, Dec. 2, 1994, as amended at 81 FR 10474, Mar. 1, 2016] | (a) This part applies to U.S. firms entering contracts that are subject to an offset agreement exceeding $5,000,000 in value and that are for the sale to a foreign country or foreign firm of: (1) Defense articles and/or defense services as defined by the Arms Export Control Act and International Traffic in Arms Regulations; or (2) Items controlled under an Export Control Classification Number (ECCN) that has the numeral “6” as its third character in the Commerce Control List found in supplement no. 1 to part 774 of this chapter other than semi-submersible and submersible vessels specially designed for cargo transport and parts, components, accessories and attachments specially designed therefor controlled under ECCN 8A620.b; test, inspection and production equipment controlled in ECCN 8B620.b; software controlled in ECCN 8D620.b and technology controlled in ECCN 8E620.b. (b) This rule applies to all offset transactions completed in performance of existing offset commitments since January 1, 1993 for which offset credit of $250,000 or more has been claimed from the foreign representative, and new offset agreements entered into since that time. | |||||
| 15:15:2.1.3.2.2.0.1.4 | 15 | Commerce and Foreign Trade | VII | A | 701 | PART 701—REPORTING OF OFFSETS AGREEMENTS IN SALES OF WEAPON SYSTEMS OR DEFENSE-RELATED ITEMS TO FOREIGN COUNTRIES OR FOREIGN FIRMS | § 701.4 Procedures. | BIS | [74 FR 68141, Dec. 23, 2009] | (a) Reporting period. The Department of Commerce publishes a notice in the Federal Register annually reminding the public that U.S. firms are required to report annually on contracts for the sale of defense-related items or defense-related services to foreign governments or foreign firms that are subject to offset agreements exceeding $5,000,000 in value. U.S. firms are also required to report annually on offset transactions completed in performance of existing offset commitments for which offset credit of $250,000 or more has been claimed from the foreign representative. Such reports must be submitted to the Department of Commerce no later than June 15 of each year and must contain offset agreement and transaction data for the previous calendar year. (b) Reporting instructions. (1) U.S. firms must only report on offset agreements they have entered into with a foreign customer. U.S. firms must report offset transactions that they are directly responsible for reporting to the foreign customer, regardless of who performs the transaction ( i.e. , prime contractors must report for their subcontractors if the subcontractors are not a direct party to the offset agreement). (2) Reports must be submitted in hardcopy to the Offset Program Manager, U.S. Department of Commerce, Bureau of Industry and Security, Room 3876, 14th Street and Constitution Avenue, NW., Washington, DC 20230, and as an e-mail attachment to OffsetReport@bis.doc.gov. E-mail attachments must include the information in a computerized spreadsheet or database format. If unable to submit a report in computerized format, companies should contact the Offset Program Manager for guidance. All submissions must include a point of contact (name and telephone number) and must be submitted by a company official authorized to provide such information. (c) Reports must include the information described below. Any necessary comments or explanations relating to the information shall be footnoted and supplied on separate sheets attached to the reports. (1) … | |||||
| 15:15:2.1.3.2.2.0.1.5 | 15 | Commerce and Foreign Trade | VII | A | 701 | PART 701—REPORTING OF OFFSETS AGREEMENTS IN SALES OF WEAPON SYSTEMS OR DEFENSE-RELATED ITEMS TO FOREIGN COUNTRIES OR FOREIGN FIRMS | § 701.5 Confidentiality. | BIS | (a) As provided by § 309(c) of the Defense Production Act of 1950, as amended, BIS shall not publicly disclose the information it receives pursuant to this part, unless the firm furnishing the information subsequently specifically authorizes public disclosure. (b) Public disclosure must be authorized in writing by an official of the firm competent to make such an authorization. (c) Nothing in this provision shall prevent the use of data aggregated from information provided pursuant to this part in the summary report to the Congress described in § 701.1. | ||||||
| 15:15:2.1.3.2.2.0.1.6 | 15 | Commerce and Foreign Trade | VII | A | 701 | PART 701—REPORTING OF OFFSETS AGREEMENTS IN SALES OF WEAPON SYSTEMS OR DEFENSE-RELATED ITEMS TO FOREIGN COUNTRIES OR FOREIGN FIRMS | § 701.6 Violations, penalties, and remedies. | BIS | [74 FR 68141, Dec. 23, 2009] | (a) Willful violation of the Defense Production Act may result in punishment by fine or imprisonment, or both. The maximum penalty provided by the Defense Production Act is a $10,000 fine, or one year in prison, or both. (b) The Government may seek an injunction from a court of appropriate jurisdiction to prohibit the continuance of any violation of, or to enforce compliance with, the Defense Production Act and this regulation. | |||||
| 20:20:4.0.2.1.2.0.5.1 | 20 | Employees' Benefits | VI | A | 701 | PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS | § 701.101 Scope of this subchapter and subchapter B. | DOL | [70 FR 43232, July 26, 2005] | (a) This subchapter contains the regulations governing the administration of the Longshore and Harbor Workers' Compensation Act, as amended (LHWCA), 33 U.S.C. 901 et seq., except activities, pursuant to 33 U.S.C. 941, assigned to the Assistant Secretary of Labor for Occupational Safety and Health. It also contains the regulations governing the administration of the direct extensions of the LHWCA: the Defense Base Act (DBA), 42 U.S.C. 1651 et seq.; the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1331; and the Nonappropriated Fund Instrumentalities Act (NFIA), 5 U.S.C. 8171 et seq. (b) The regulations in this subchapter also apply to claims filed under the District of Columbia Workmen's Compensation Act (DCCA), 36 D.C. Code 501 et seq. That law applies to all claims for injuries or deaths based on employment events that occurred prior to July 26, 1982, the effective date of the District of Columbia Workers' Compensation Act, as amended (D.C. Code 32-1501 et seq. ). (c) The regulations governing the administration of the Black Lung Benefits Program are in subchapter B of this chapter. | |||||
| 20:20:4.0.2.1.2.0.5.2 | 20 | Employees' Benefits | VI | A | 701 | PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS | § 701.102 Organization of this subchapter. | DOL | [70 FR 43232, July 26, 2005] | Part 701 provides a general description of the regulations in this subchapter; sets forth information regarding the persons and agencies within the Department of Labor authorized by the Secretary of Labor to administer the Longshore and Harbor Workers' Compensation Act, its extensions and the regulations in this subchapter; and defines and clarifies use of specific terms in the several parts of this subchapter. Part 702 of this subchapter contains the general administrative regulations governing claims filed under the LHWCA. Part 703 of this subchapter contains the regulations governing insurance carrier authorizations, insurance carrier security deposits, self-insurer authorizations, and certificates of compliance with the insurance regulations, as required by sections 32 and 37 of the LHWCA (33 U.S.C. 932, 937). Because the extensions of the LHWCA ( see § 701.101) incorporate by reference nearly all the provisions of the LHWCA, the regulations in parts 701, 702 and 703 also apply to the administration of the extensions (DBA, DCCA, OCSLA, and NFIA), unless otherwise noted. Part 704 of this subchapter contains the exceptions to the general applicability of parts 702 and 703 for the DBA, the DCCA, the OCSLA, and the NFIA. | |||||
| 20:20:4.0.2.1.2.0.6.3 | 20 | Employees' Benefits | VI | A | 701 | PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS | § 701.201 Office of Workers' Compensation Programs. | DOL | [75 FR 63380, Oct. 15, 2010] | The Office of Workers' Compensation Programs is responsible for administering the LHWCA and its extensions. | |||||
| 20:20:4.0.2.1.2.0.6.4 | 20 | Employees' Benefits | VI | A | 701 | PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS | §§ 701.202-701.203 [Reserved] | DOL | |||||||
| 20:20:4.0.2.1.2.0.7.5 | 20 | Employees' Benefits | VI | A | 701 | PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS | § 701.301 What do certain terms in this subchapter mean? | DOL | [38 FR 26860, Sept. 26, 1973, as amended at 42 FR 3848, Jan. 21, 1977; 50 FR 391, Jan. 3, 1985; 51 FR 4281, Feb. 3, 1986; 55 FR 28606, July 12, 1990; 70 FR 43233, July 26, 2005; 76 FR 82127, Dec. 30, 2011; 77 FR 37286, June 21, 2012] | (a) As used in this subchapter, except where the context clearly indicates otherwise: (1) Act or LHWCA means the Longshore and Harbor Workers' Compensation Act, as amended (33 U.S.C. 901 et seq. ), and includes the provisions of any statutory extension of such Act ( see § 701.101(a) and (b)) pursuant to which compensation on account of an injury is sought. (2) Secretary means the Secretary of Labor, United States Department of Labor, or his authorized representative. (3)-(4) [Reserved] (5) Office of Workers' Compensation Programs or OWCP or the Office means the Office of Workers' Compensation Programs, referred to in § 701.201. The term Office of Workmen's Compensation Programs shall have the same meaning as Office of Workers' Compensation Programs ( see 20 CFR 1.6(b)). (6) Director means the Director of OWCP, or his or her authorized representative. (7) District Director means a person appointed as provided in sections 39 and 40 of the LHWCA or his or her designee, authorized to perform functions with respect to the processing and determination of claims for compensation under the LHWCA and its extensions as provided therein and under this subchapter. The term District Director is substituted for the term Deputy Commissioner used in the statute. This substitution is for administrative purposes only and in no way affects the power or authority of the position as established in the statute. (8) Administrative Law Judge means a person appointed as provided in 5 U.S.C. 3105 and subpart B of 5 CFR part 930, who is qualified to preside at hearings under 5 U.S.C. 557 and is empowered by the Secretary to conduct formal hearings whenever necessary in respect of any claim for compensation arising under the LHWCA and its extensions. (9) Chief Administrative Law Judge means the Chief Judge of the Office of Administrative Law Judges, United States Department of Labor, whose office is at the location set forth in 29 CFR 18.3(a). (10) Board or Benefits Review Board means the Benefits Rev… | |||||
| 20:20:4.0.2.1.2.0.7.6 | 20 | Employees' Benefits | VI | A | 701 | PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS | § 701.302 Who is an employee? | DOL | [76 FR 82127, Dec. 30, 2011] | (a) Employee means any person engaged in maritime employment, including: (1) Any longshore worker or other person engaged in longshoring operations; (2) Any harbor worker, including a ship repairer, shipbuilder and shipbreaker; and (3) Any other individual to whom an injury may be the basis for a compensation claim under the LHWCA as amended, or any of its extensions; (b) The term does not include: (1) A master or member of a crew of any vessel; or (2) Any person engaged by a master to load or unload or repair any small vessel under eighteen tons net. (c) Nor does this term include the following individuals (whether or not the injury occurs over the navigable waters of the United States) where it is first determined that they are covered by a state workers' compensation act: (1) Individuals employed exclusively to perform office clerical, secretarial, security, or data processing work (but not longshore cargo checkers and cargo clerks); (2) Individuals employed by a club (meaning a social or fraternal organization whether profit or nonprofit), camp, recreational operation (meaning any recreational activity, including but not limited to scuba diving, commercial rafting, canoeing or boating activities operated for pleasure of owners, members of a club or organization, or renting, leasing or chartering equipment to another for the latter's pleasure), restaurant, museum or retail outlet; (3) Individuals employed by a marina, provided they are not engaged in its construction, replacement or expansion, except for routine maintenance such as cleaning, painting, trash removal, housekeeping and small repairs; (4) Employees of suppliers, vendors and transporters temporarily doing business on the premises of a covered employer, provided they are not performing work normally performed by employees of the covered employer; (5) Aquaculture workers, meaning those employed by commercial enterprises involved in the controlled cultivation and harvest of aquatic plants and animals, including the cleaning, processing o… | |||||
| 20:20:4.0.2.1.2.0.8.7 | 20 | Employees' Benefits | VI | A | 701 | PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS | § 701.401 Coverage under state compensation programs. | DOL | [50 FR 392, Jan. 3, 1985] | (a) Exclusions from the definition of “employee” under § 701.301(a)(12), and the employees of small vessel facilities otherwise covered which are exempted from coverage under § 702.171, are dependent upon coverage under a state workers' compensation program. For these purposes, a worker or dependent must first claim compensation under the appropriate state program and receive a final decision on the merits of the claim, denying coverage, before any claim may be filed under this Act. (b) The intent of the Act is that state law will apply to those categories of employees if it otherwise would. Accordingly, not withstanding any contrary state law, claims by any of the categories of workers excluded under § 701.301 or 702.171 must be made to and processed by the state and a merit decision denying coverage on jurisdictional grounds must be made before coverage or benefits under the Act may be sought. (c) The time for filing notice and claim under the Act (see subpart B of part 702) does not begin to run for purposes of claims by those workers or dependents described in § 701.301(a)(12) and § 702.171, until a final adverse decision denying coverage under a state compensation act is received. | |||||
| 20:20:4.0.2.1.2.0.9.10 | 20 | Employees' Benefits | VI | A | 701 | PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS | § 701.503 Did the American Recovery and Reinvestment Act of 2009 amend the recreational vessel exclusion? | DOL | [76 FR 82128, Dec. 30, 2011] | Yes. The amended exclusion was effective February 17, 2009, the effective date of the American Recovery and Reinvestment Act of 2009. | |||||
| 20:20:4.0.2.1.2.0.9.11 | 20 | Employees' Benefits | VI | A | 701 | PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS | § 701.504 When does the recreational vessel exclusion in the American Recovery and Reinvestment Act of 2009 apply? | DOL | [76 FR 82128, Dec. 30, 2011] | (a) Date of injury. Whether the amended version applies depends on the date of the injury for which compensation is claimed. The following rules apply to determining the date of injury: (1) Traumatic injury. If the individual claims compensation for a traumatic injury, the date of injury is the date the employee suffered harm. For example, if the individual injures an arm or leg in the course of his or her employment, the date of injury is the date on which the individual was hurt. (2) Occupational disease or infection. Occupational illnesses and infections generally involve delayed onset of symptoms following exposure to a harmful workplace substance or condition. If the individual claims compensation for an occupational illness or infection, the date of injury is the date the individual was exposed to the substance or condition. (3) Hearing loss. If the individual claims compensation for hearing loss, the date of injury is the date the individual was exposed to harmful workplace noise or other stimulus that is capable of causing hearing loss. (4) Death-benefit claims. If the individual claims compensation for an employee's death, the date of injury is the date of the workplace event or incident that caused, hastened, or contributed to the death. (5) Cumulative trauma. If the individual claims compensation for cumulative trauma, in which multiple traumas contribute to an overall medical condition, such as a neck condition resulting from repetitive motion, the date of injury is any date on which a workplace trauma worsened the individual's condition. A workplace event will not be deemed a contributing trauma if a corresponding worsening of the condition is due solely to its natural progression, rather than the workplace event. (b) If the date of injury is before February 17, 2009, the individual's entitlement is governed by section 2(3)(F) as it existed prior to the 2009 amendment. (c) If the date of injury is on or after February 17, 2009, the individual's entitlement is governed by the 2009 a… | |||||
| 20:20:4.0.2.1.2.0.9.12 | 20 | Employees' Benefits | VI | A | 701 | PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS | § 701.505 May an employer stop paying benefits awarded before February 17, 2009 if the employee would now fall within the exclusion? | DOL | [76 FR 82129, Dec. 30, 2011] | No. If an individual was awarded compensation for an injury occurring before February 17, 2009, the employer must still pay all benefits awarded, including disability compensation and medical benefits, even if the employee would be excluded from coverage under the amended exclusion. | |||||
| 20:20:4.0.2.1.2.0.9.8 | 20 | Employees' Benefits | VI | A | 701 | PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS | § 701.501 What is a recreational vessel? | DOL | [76 FR 82128, Dec. 30, 2011] | (a) Recreational vessel means a vessel— (1) Being manufactured or operated primarily for pleasure; or (2) Leased, rented, or chartered to another for the latter's pleasure. (b) In applying the definition in paragraph (a) of this section, the following rules apply: (1) A vessel being manufactured or built, or being repaired under warranty by its manufacturer or builder, is a recreational vessel if the vessel appears intended, based on its design and construction, to be for ultimate recreational uses. The manufacturer or builder bears the burden of establishing that a vessel is recreational under this standard. (2) A vessel being repaired, dismantled for repair, or dismantled at the end of its life is not a recreational vessel if the vessel had been operating, around the time of its repair or dismantling, in one or more of the following categories on more than an infrequent basis— (A) “Passenger vessel” as defined by 46 U.S.C. 2101(22); (B) “Small passenger vessel” as defined by 46 U.S.C. 2101(35); (C) “Uninspected passenger vessel” as defined by 46 U.S.C. 2101(42); (D) Vessel routinely engaged in “commercial service” as defined by 46 U.S.C. 2101(5); or (E) Vessel that routinely carries “passengers for hire” as defined by 46 U.S.C. 2101(21a). (3) Notwithstanding paragraph (b)(2) of this section, a vessel will be deemed recreational if it is a public vessel, i.e., a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, at the time of repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction with traditional recreational vessels and is not normally engaged in a military, commercial or traditionally commercial undertaking. (c) All subsequent amendments to the statutes referenced in paragraph (b)(2) of this section and the regulations implementing those provisions in Title 46 of the Code of Federal Regulations will apply when determining whether a vessel is recreational. | |||||
| 20:20:4.0.2.1.2.0.9.9 | 20 | Employees' Benefits | VI | A | 701 | PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS | § 701.502 What types of work may exclude a recreational-vessel worker from the definition of “employee”? | DOL | [76 FR 82128, Dec. 30, 2011] | (a) An individual who works on recreational vessels may be excluded from the definition of “employee” when: (1) The individual's date of injury is before February 17, 2009, the injury is covered under a State workers' compensation law, and the individual is employed to: (i) Build any recreational vessel under sixty-five feet in length; or (ii) Repair any recreational vessel under sixty-five feet in length; or (iii) Dismantle any recreational vessel under sixty-five feet in length. (2) The individual's date of injury is on or after February 17, 2009, the injury is covered under a State workers' compensation law, and the individual is employed to: (i) Build any recreational vessel under sixty-five feet in length; or (ii) Repair any recreational vessel; or (iii) Dismantle any recreational vessel to repair it. (b) In applying paragraph (a) of this section, the following principles apply: (1) “Length” means a straight line measurement of the overall length from the foremost part of the vessel to the aftmost part of the vessel, measured parallel to the center line. The measurement must be from end to end over the deck, excluding sheer. Bow sprits, bumpkins, rudders, outboard motor brackets, handles, and other similar fittings, attachments, and extensions are not included in the measurement. (2) “Repair” means any repair of a vessel including installations, painting and maintenance work. Repair does not include alterations or conversions that render the vessel a non-recreational vessel under § 701.501. For example, a worker who installs equipment on a private yacht to convert it to a passenger-carrying whale-watching vessel is not employed to “repair” a recreational vessel. Repair also does not include alterations or conversions that render a non-recreational vessel recreational under § 701.501. (3) “Dismantle” means dismantling any part of a vessel to complete a repair but does not include dismantling any part of a vessel to complete alterations or conversions that render the vessel a non-recreational vesse… | |||||
| 21:21:7.0.1.2.11.1.1.1 | 21 | Food and Drugs | I | G | 701 | PART 701—COSMETIC LABELING | A | Subpart A—General Provisions | § 701.1 Misbranding. | FDA | (a) Among representations in labeling of a cosmetic which render such cosmetic misbranded is a false or misleading representation with respect to another cosmetic or a food, drug, or device. (b) The labeling of a cosmetic which contains two or more ingredients may be misleading by reason (among other reasons) of the designation of such cosmetic in such labeling by a name which includes or suggests the name of one or more but not all such ingredients, even though the names of all such ingredients are stated elsewhere in the labeling. | ||||
| 21:21:7.0.1.2.11.1.1.2 | 21 | Food and Drugs | I | G | 701 | PART 701—COSMETIC LABELING | A | Subpart A—General Provisions | § 701.2 Form of stating labeling requirements. | FDA | (a) A word, statement, or other information required by or under authority of the Act to appear on the label may lack that prominence and conspicuousness required by section 602(c) of the Act by reason (among other reasons) of: (1) The failure of such word, statement, or information to appear on the part or panel of the label which is presented or displayed under customary conditions of purchase; (2) The failure of such word, statement, or information to appear on two or more parts or panels of the label, each of which has sufficient space therefor, and each of which is so designed as to render it likely to be, under customary conditions of purchase, the part or panel displayed; (3) The failure of the label to extend over the area of the container or package available for such extension, so as to provide sufficient label space for the prominent placing of such word, statement, or information; (4) Insufficiency of label space (for the prominent placing of such word, statement, or information) resulting from the use of label space for any word, statement, design, or device which is not required by or under authority of the Act to appear on the label; (5) Insufficiency of label space (for the prominent placing of such word, statement, or information) resulting from the use of label space to give materially greater conspicuousness to any other word, statement, or information, or to any design or device; (6) Smallness or style of type in which such word, statement, or information appears, insufficient background contrast, obscuring designs or vignettes, or crowding with other written, printed, or graphic matter. (b)(1) All words, statements, and other information required by or under authority of the Act to appear on the label or labeling shall appear thereon in the English language: Provided, however, That in the case of articles distributed solely in the Commonwealth of Puerto Rico or in a Territory where the predominant language is one other than English, the predominant language may be substituted for Eng… | ||||
| 21:21:7.0.1.2.11.1.1.3 | 21 | Food and Drugs | I | G | 701 | PART 701—COSMETIC LABELING | A | Subpart A—General Provisions | § 701.3 Designation of ingredients. | FDA | [39 FR 10056, Mar. 15, 1974, as amended at 40 FR 8922, Mar. 3, 1975; 40 FR 18426, Apr. 28, 1975; 42 FR 4718, Jan. 25, 1977; 42 FR 15676, Mar. 22, 1977; 42 FR 24255, May 31, 1977; 42 FR 46516, Sept. 16, 1977; 42 FR 61257, Dec. 2, 1977; 45 FR 3577, Jan. 18, 1980; 47 FR 9397, Mar. 5, 1982; 54 FR 24900, June 12, 1989; 64 FR 13297, Mar. 17, 1999; 69 FR 18803, Apr. 9, 2004; 81 FR 49897, July 29, 2016] | (a) The label on each package of a cosmetic shall bear a declaration of the name of each ingredient in descending order of predominance, except that fragrance or flavor may be listed as fragrance or flavor. An ingredient which is both fragrance and flavor shall be designated by each of the functions it performs unless such ingredient is identified by name. No ingredient may be designated as fragrance or flavor unless it is within the meaning of such term as commonly understood by consumers. Where one or more ingredients is accepted by the Food and Drug Administration as exempt from public disclosure pursuant to the procedure established in § 720.8(a) of this chapter, in lieu of label declaration of identity the phrase “and other ingredients” may be used at the end of the ingredient declaration. (b) The declaration of ingredients shall appear with such prominence and conspicuousness as to render it likely to be read and understood by ordinary individuals under normal conditions of purchase. The declaration shall appear on any appropriate information panel in letters not less than 1/16 of an inch in height and without obscuring design, vignettes, or crowding. In the absence of sufficient space for such declaration on the package, or where the manufacturer or distributor wishes to use a decorative container, the declaration may appear on a firmly affixed tag, tape, or card. In those cases where there is insufficient space for such declaration on the package, and it is not practical to firmly affix a tag, tape, or card, the Commissioner may establish by regulation an acceptable alternate, e.g., a smaller type size. A petition requesting such a regulation as an amendment to this paragraph shall be submitted pursuant to part 10 of this chapter. (c) A cosmetic ingredient shall be identified in the declaration of ingredients by: (1) The name specified in § 701.30 as established by the Commissioner for that ingredient for the purpose of cosmetic ingredient labeling pursuant to paragraph (e) of this section; (2) In … | |||
| 21:21:7.0.1.2.11.1.1.4 | 21 | Food and Drugs | I | G | 701 | PART 701—COSMETIC LABELING | A | Subpart A—General Provisions | § 701.9 Exemptions from labeling requirements. | FDA | (a) Except as provided by paragraphs (b) and (c) of this section, a shipment or other delivery of a cosmetic which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantity at an establishment other than that where originally processed or packed, shall be exempt, during the time of introduction into and movement in interstate commerce and the time of holding in such establishment, from compliance with the labeling requirements of sections 601(a) and 602(b) of the act if: (1) The person who introduced such shipment or delivery into interstate commerce is the operator of the establishment where such cosmetic is to be processed, labeled, or repacked; or (2) In case such person is not such operator, such shipment or delivery is made to such establishment under a written agreement, signed by and containing the post office addresses of such person and such operator, and containing such specifications for the processing, labeling, or repacking, as the case may be, of such cosmetic in such establishment as will insure, if such specifications are followed, that such cosmetic will not be adulterated or misbranded within the meaning of the act upon completion of such processing, labeling, or repacking. Such person and such operator shall each keep a copy of such agreement until 2 years after the final shipment or delivery of such cosmetic from such establishment, and shall make such copies available for inspection at any reasonable hour to any officer or employee of the Department who requests them. (b) An exemption of a shipment or other delivery of a cosmetic under paragraph (a)(1) of this section shall, at the beginning of the act of removing such shipment or delivery, or any part thereof, from such establishment, become void ab initio if the cosmetic comprising such shipment, delivery, or part is adulterated or misbranded within the meaning of the act when so removed. (c) An exemption of a shipment or other delivery of a cosmetic under paragraph (a)(2) of this se… | ||||
| 21:21:7.0.1.2.11.2.1.1 | 21 | Food and Drugs | I | G | 701 | PART 701—COSMETIC LABELING | B | Subpart B—Package Form | § 701.10 Principal display panel. | FDA | The term principal display panel as it applies to cosmetics in package form and as used in this part, means the part of a label that is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale. The principal display panel shall be large enough to accommodate all the mandatory label information required to be placed thereon by this part with clarity and conspicuousness and without obscuring designs, vignettes, or crowding. Where packages bear alternate principal display panels, information required to be placed on the principal display panel shall be duplicated on each principal display panel. For the purpose of obtaining uniform type size in declaring the quantity of contents of all packages of substantially the same size, the term “area of the principal display panel” means the area of the side or surface that bears the principal display panel, which area shall be: (a) In the case of a rectangular package where one entire side properly can be considered to be the principal display panel side, the product of the height times the width of that side; (b) In the case of a cylindrical or nearly cylindrical container, 40 percent of the product of the height of the container times the circumference; and (c) In the case of any other shape of container, 40 percent of the total surface of the container: Provided, however, That where such container presents an obvious “principal display panel” such as the top of a triangular or circular package, the area shall consist of the entire top surface. In determining the area of the principal display panel, exclude tops, bottoms, flanges at the tops and bottoms of cans, and shoulders and necks of bottles or jars. In the case of cylindrical or nearly cylindrical containers, information required by this part to appear on the principal display panel shall appear within that 40 percent of the circumference which is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail … | ||||
| 21:21:7.0.1.2.11.2.1.2 | 21 | Food and Drugs | I | G | 701 | PART 701—COSMETIC LABELING | B | Subpart B—Package Form | § 701.11 Identity labeling. | FDA | (a) The principal display panel of a cosmetic in package form shall bear as one of its principal features a statement of the identity of the commodity. (b) Such statement of identity shall be in terms of: (1) The common or usual name of the cosmetic; or (2) An appropriately descriptive name or, when the nature of the cosmetic is obvious, a fanciful name understood by the public to identify such cosmetic; or (3) An appropriate illustration or vignette representing the intended cosmetic use. (c) The statement of identity shall be presented in bold type on the principal display panel, shall be in a size reasonably related to the most prominent printed matter on such panel, and shall be in lines generally parallel to the base on which the package rests as it is designed to be displayed. | ||||
| 21:21:7.0.1.2.11.2.1.3 | 21 | Food and Drugs | I | G | 701 | PART 701—COSMETIC LABELING | B | Subpart B—Package Form | § 701.12 Name and place of business of manufacturer, packer, or distributor. | FDA | (a) The label of a cosmetic in package form shall specify conspicuously the name and place of business of the manufacturer, packer, or distributor. (b) The requirement for declaration of the name of the manufacturer, packer, or distributor shall be deemed to be satisfied in the case of a corporation only by the actual corporate name, which may be preceded or followed by the name of the particular division of the corporation. Abbreviations for “Company,” “Incorporated,” etc., may be used and “The” may be omitted. In the case of an individual, partnership, or association, the name under which the business is conducted shall be used. (c) Where the cosmetic is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such cosmetic; such as, “Manufactured for _______”, “Distributed by ________”, or any other wording that expresses the facts. (d) The statement of the place of business shall include the street address, city, State, and ZIP Code; however, the street address may be omitted if it is shown in a current city directory or telephone directory. The requirement for inclusion of the ZIP Code shall apply only to consumer commodity labels developed or revised after the effective date of this section. In the case of nonconsumer packages, the ZIP Code shall appear either on the label or the labeling (including the invoice). (e) If a person manufactures, packs, or distributes a cosmetic at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where such cosmetic was manufactured or packed or is to be distributed, unless such statement would be misleading. | ||||
| 21:21:7.0.1.2.11.2.1.4 | 21 | Food and Drugs | I | G | 701 | PART 701—COSMETIC LABELING | B | Subpart B—Package Form | § 701.13 Declaration of net quantity of contents. | FDA | (a) The label of a cosmetic in package form shall bear a declaration of the net quantity of contents. This shall be expressed in terms of weight, measure, numerical count, or a combination of numerical count and weight or measure. The statement shall be in terms of fluid measure if the cosmetic is liquid or in terms of weight if the cosmetic is solid, semisolid, or viscous, or a mixture of solid and liquid. If there is a firmly established, general consumer usage and trade custom of declaring the net quantity of a cosmetic by numerical count, linear measure, or measure of area, such respective term may be used. If there is a firmly established, general consumer usage and trade custom of declaring the contents of a liquid cosmetic by weight, or a solid, semisolid, or viscous cosmetic by fluid measure, it may be used. Whenever the Commissioner determines for a specific packaged cosmetic that an existing practice of declaring net quantity of contents by weight, measure, numerical count, or a combination of these does not facilitate value comparisons by consumers, he shall by regulation designate the appropriate term or terms to be used for such cosmetic. (b) Statements of weight shall be in terms of avoirdupois pound and ounce. Statements of fluid measure shall be in terms of the U.S. gallon of 231 cubic inches and quart, pint, and fluid-ounce subdivisions thereof and shall express the volume at 68 °F. (20 °C.). (c) When the declaration of quantity of contents by numerical count, linear measure, or measure of area does not give accurate information as to the quantity of cosmetic in the package, it shall be augmented by such statement of weight, measure, or size of the individual units or the total weight or measure of the cosmetic as will give such information. (d) The declaration may contain common or decimal fractions. A common fraction shall be in terms of halves, quarters, eighths, sixteenths, or thirty-seconds; except that if there exists a firmly established, general consumer usage and trade custom of emplo… | ||||
| 21:21:7.0.1.2.11.3.1.1 | 21 | Food and Drugs | I | G | 701 | PART 701—COSMETIC LABELING | C | Subpart C—Labeling of Specific Ingredients | § 701.20 Detergent substances, other than soap, intended for use in cleansing the body. | FDA | (a) In its definition of the term cosmetic, the Federal Food, Drug, and Cosmetic Act specifically excludes soap. The term soap is nowhere defined in the act. In administering the act, the Food and Drug Administration interprets the term “soap” to apply only to articles that meet the following conditions: (1) The bulk of the nonvolatile matter in the product consists of an alkali salt of fatty acids and the detergent properties of the article are due to the alkali-fatty acid compounds; and (2) The product is labeled, sold, and represented only as soap. (b) Products intended for cleansing the human body and which are not “soap” as set out in paragraph (a) of this section are “cosmetics,” and accordingly they are subject to the requirements of the act and the regulations thereunder. For example, such a product in bar form is subject to the requirement, among others, that it shall bear a label containing an accurate statement of the weight of the bar in avoirdupois pounds and ounces, this statement to be prominently and conspicuously displayed so as to be likely to be read under the customary conditions of purchase and use. | ||||
| 21:21:7.0.1.2.11.3.1.2 | 21 | Food and Drugs | I | G | 701 | PART 701—COSMETIC LABELING | C | Subpart C—Labeling of Specific Ingredients | § 701.30 Ingredient names established for cosmetic ingredient labeling. | FDA | [42 FR 24255, May 13, 1977, as amended at 45 FR 3577, Jan. 18, 1980] | The Commissioner establishes the following names for the purpose of cosmetic ingredient labeling pursuant to paragraph (e) of § 701.3: | |||
| 28:28:2.0.5.5.2.0.127.1 | 28 | Judicial Administration | VII | 701 | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | § 701.10 General provisions. | (a) This part contains the regulations of the Office of Independent Counsel implementing the Freedom of Information Act (“FOIA”), 5 U.S.C. 552. Information customarily furnished to the public in the regular course of the performance of official duties may continue to be furnished to the public without complying with this part, provided that the furnishing of such information would not violate the Privacy Act of 1974, 5 U.S.C. 552a, and would not be inconsistent with regulations issued pursuant to the Privacy Act. To the extent permitted by other laws, the Office will also consider making available records that it is permitted to withhold under the FOIA if it determines that such disclosure would be in the public interest and would not interfere with the functioning of the Office. (b) As used in this part, the following terms shall have the following meanings: (1) Appeal means the appeal by a requester of an adverse determination of his request, as described in 5 U.S.C. 552(a)(6)(A)(ii). (2) Agency has the meaning given in 5 U.S.C. 551(1) and 5 U.S.C. 552(e). (3) Request means any request for records made pursuant to 5 U.S.C. 552(a)(3). (4) Requester means any person who makes a request to the Office. (5) Business information means trade secrets or other commercial or financial information. (6) Business submitter means any commercial entity that provides business information to the Office and that has a proprietary interest in the information. (c) The FOIA/PA Officer of the Office of Independent Counsel shall be responsible to Independent Counsel for all matters pertaining to the administration of this part. (d) The Office of Independent Counsel shall comply with the time limits set forth in the FOIA for responding to and processing requests and appeals, unless there are exceptional circumstances within the meaning of 5 U.S.C. 552(a)(6)(C). The Office shall notify a requester whenever it is unable to respond to or process the request or appeal within the time limits established by the FOIA. Th… | ||||||||
| 28:28:2.0.5.5.2.0.127.10 | 28 | Judicial Administration | VII | 701 | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | § 701.19 Other rights and services. | Nothing in this part shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under 5 U.S.C. 552. | ||||||||
| 28:28:2.0.5.5.2.0.127.2 | 28 | Judicial Administration | VII | 701 | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | § 701.11 Requirements pertaining to requests. | (a) How made and addressed. A requester may make a request under this part for a record of the Office of Independent Counsel by writing to the Office at: FOIA/PA Officer, Office of Independent counsel, Suite 701 West, 555 Thirteenth Street NW., Washington, DC 20004. A request should be sent to the Office at its proper address and both the envelope and the request itself should be clearly marked: “Freedom of Information Act Request.” (b) Request must reasonably describe the records sought. A request must describe the records sought in sufficient detail to enable Office personnel to locate the records with a reasonable amount of effort. A request for a specific category of records shall be regarded as fulfilling this requirement if it enables responsive records to be identified by a technique or process that is not unreasonably burdensome or disruptive of Office operations. Wherever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter of the record. In addition, if the request seeks records pertaining to pending litigation, the request should indicate the title of the case, the court in which the case was filed, and the nature of the case. If the Office determines that a request does not reasonably describe the records sought, the Office shall either advise the requester what additional information is needed or otherwise state why the request is insufficient. The Office also shall extend to the requester an opportunity to confer with Office personnel with the objective of reformulating the request in a manner that will meet the requirements of this section. (c) Agreement to pay fees. (1) The filing of a request under this part shall be deemed to constitute an agreement by the requester to pay all applicable fees charged under § 701.18 of this part, up to $25, unless a waiver of fees is sought. The Office shall confirm this agreement in its letter of acknowledgement to the requester. When filing a request, a r… | ||||||||
| 28:28:2.0.5.5.2.0.127.3 | 28 | Judicial Administration | VII | 701 | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | § 701.12 Responses by the Office to requests. | (a) Authority to grant or deny requests. The head of the Office, or his designee, is authorized to grant or deny and request for a record of the Office. (b) Initial action by the Office. When the Office receives a request for a record in its possession, the Office shall promptly determine whether another agency of the Government is better able to determine whether the record is exempt, to any extent, from mandatory disclosure under the FOIA; and whether the record, if exempt to any extent from mandatory disclosure under the FOIA, should nonetheless be released to the requester as a matter of discretion. If the Office determines that it is the agency best able to determine whether to disclose the record in response to the request, then the Office shall respond to the request. If the Office determines that it is not the agency best able to determine whether to disclose the record in response to the request, the Office shall either: (1) Respond to the request, after consulting with the other agency best able to determine whether to disclose the record and with any other agency having a substantial interest in the requested record or the information contained therein; or (2) Refer the responsibility for responding to the request to another agency that generated or originated the record, but only if that other agency is subject to the provisions of the FOIA. Under ordinary circumstances, the agency that generated or originated a requested record shall be presumed to be the agency best able to determine whether to disclose the record in response to the request. (c) Law-enforcement information. Whenever a request is made for a record containing information that relates to an investigation of a possible violation of criminal law or to a criminal law-enforcement proceeding and that was generated or originated by another agency, the Office shall refer the responsibility for responding to the request to that other agency; however, such referral shall extend only to the information generated or originated by that … | ||||||||
| 28:28:2.0.5.5.2.0.127.4 | 28 | Judicial Administration | VII | 701 | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | § 701.13 Form and content of Office responses. | (a) Form of notice granting a request. After the Office has made a determination to grant a request in whole or in part, the Office shall so notify the requester in writing. The notice shall describe the manner in which the record will be disclosed, whether by providing a copy of the record to the requester or by making a copy of the record available to the requester for inspection at a reasonable time and place. The procedure for such an inspection shall not unreasonably disrupt the operations of the Office. The Office shall inform the requester in the notice of any fees to be charged in accordance with the provisions of § 701.18 of this part. (b) Form of notice denying a request. The Office, when denying a request in whole or in part, shall so notify the requester in writing. The notice must be signed by the FOIA/PA Officer, or her designee, and shall include: (1) The name and title or position of the person responsible for the denial; (2) A brief statement of the reason or reasons for the denial, including the FOIA exemption or exemptions that the Office has relied upon in denying the request and a brief explanation of the manner in which the exemption or exemptions apply to each record withheld; and (3) A statement that the denial may be appealed under § 701.16(a) and a description of the requirements of that subsection. (c) Record cannot be located or has been destroyed. If a requested record cannot be located from the information supplied, or is known or believed to have been destroyed or otherwise disposed of, the Office shall so notify the requester in writing. | ||||||||
| 28:28:2.0.5.5.2.0.127.5 | 28 | Judicial Administration | VII | 701 | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | § 701.14 Classified information. | In processing a request for information that is classified or classifiable under Executive Order 12356 or any other Executive Order concerning the classification of records, the Office shall review the information to determine whether it warrants classification. Information that does not warrant classification shall not be withheld from a requester on the basis of 5 U.S.C. 552(b)(1). The Office shall, upon receipt of any appeal involving classified or classifiable information, take appropriate action to ensure compliance with Executive Order 12356 or any other Executive Order concerning the classification of records. | ||||||||
| 28:28:2.0.5.5.2.0.127.6 | 28 | Judicial Administration | VII | 701 | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | § 701.15 Business information. | (a) In general. Business information provided to the Office by a business submitter shall not be disclosed pursuant to a FOIA request except in accordance with this section. (b) Notice to business submitters. The Office shall provide a business submitter with prompt written notice of a request encompassing its business information whenever required under paragraph (c) of this section, except as is provided in paragraph (g) of this section, and only to the extent permitted by law. Such written notice shall either describe the exact nature of the business information requested or provide copies of the records or portions thereof containing the business information. (c) When notice is required. For business information submitted to the Office it shall provide a business submitter with notice of a request whenever the business submitter has in good faith designated the information as commercially or financially sensitive, or the Office has reason to believe that disclosure of the information may result in commercial or financial injury to the business submitter. Notice of a request for business information falling within the former category shall be required for a period of not more than ten years after the date of submission unless the business submitter requests, and provides acceptable justification for, a specific notice period of greater duration. Whenever possible, the submitter's claim of confidentiality should be supported by a statement or certification by an officer or authorized representative of the company that the information in question is in fact confidential commercial or financial information and has not been disclosed to the public. (d) Opportunity to object to disclosure. Through the notice described in paragraph (b) of this section, the Office shall afford a business submitter a reasonable period within which to provide the Office with a detailed statement of any objection to disclosure. Such statement shall specify all grounds for withholding any of the information under any exemption… | ||||||||
| 28:28:2.0.5.5.2.0.127.7 | 28 | Judicial Administration | VII | 701 | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | § 701.16 Appeals. | (a) Appeals to Independent Counsel. When a request for access to records or for a waiver of fees has been denied in whole or in part, or when the Office fails to respond to a request within the time limits set forth in the FOIA, the requester may appeal the denial of the request to Independent Counsel within 30 days of his receipt of a notice denying his request. An appeal to Independent Counsel shall be made in writing and addressed to the Office of Independent Counsel, Suite 701 West, 555 Thirteenth Street NW., Washington, DC 20004. Both the envelope and the letter of appeal itself must be clearly marked: “Freedom of Information Act Appeal.” (b) Action on appeals by the Office of Independent Counsel. Unless Independent Counsel otherwise directs, his designee shall act on behalf of the Independent Counsel on all appeals under this section, except that a denial of a request by Independent Counsel shall constitute the final action of the Office on that request. (c) Form of action on appeal. The disposition of an appeal shall be in writing. A decision affirming in whole or in part the denial of a request shall include a brief statement of the reason or reasons for the affirmance, including each FOIA exemption relied upon and its relation to each record withheld, and a statement that judicial review of the denial is available in the United States District Court for the judicial district in which the requester resides or has his principal place of business, the judicial district in which the requested records are located, or the District of Columbia. If the denial of a request is reversed on appeal, the requester shall be so notified and the request shall be processed promptly in accordance with the decision on appeal. | ||||||||
| 28:28:2.0.5.5.2.0.127.8 | 28 | Judicial Administration | VII | 701 | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | § 701.17 Preservation of records. | The Office shall preserve all correspondence relating to the requests it receives under this part, and all records processed pursuant to such requests, until such time as the destruction of such correspondence and records is authorized pursuant to title 44 of the United States Code. Under no circumstances shall records be destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA. | ||||||||
| 28:28:2.0.5.5.2.0.127.9 | 28 | Judicial Administration | VII | 701 | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | § 701.18 Fees. | (a) In general. Fees pursuant to the FOIA shall be assessed according to the schedule contained in paragraph (b) of this section for services rendered by the Office in responding to and processing requests for records under this part. All fees so assessed shall be charged to the requester, except when the charging of fees is limited under paragraph (c) of this section or when a waiver or reduction of fees is granted under paragraph (d) of this section. The Office shall collect all applicable fees before making copies of requested records available to a requester. Requesters shall pay fees by check or money order made payable to the Treasury of the United States. (b) Charges. In responding to requests under this part, the following fees shall be assessed, unless a waiver or reduction of fees has been granted pursuant to paragraph (d) of this section: (1) Search. (i) No search fee shall be assessed with respect to requests by educational institutions, noncommercial scientific institutions, and representatives of the news media (as defined in paragraphs (j)(6), (j)(7), and (j)(8) of this section, respectively). Search fees shall be assessed with respect to all other requests, subject to the limitations of paragraph (c) of this section. The Office may assess fees for time spent searching even if it fails to locate any respective record or when records located are subsequently determined to be entirely exempt from disclosure. (ii) For each quarter hour spent by clerical personnel in searching for and retrieving a requested record, the fee shall be $2.25. When the search and retrieval cannot be performed entirely by clerical personnel—for example, when the identification of records within the scope of the request requires the use of professional personnel—the fee shall be $4.50 for each quarter hour of search time spent by such professional personnel. When the time of managerial personnel is required, the fee shall be $7.50 for each quarter hour of time spent by such managerial personnel. (iii) For computer s… | ||||||||
| 49:49:7.1.3.1.2.0.1.1 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.1 General provisions. | This part contains the rules that the National Railroad Passenger Corporation (“Amtrak”) follows in processing requests for records under the Freedom of Information Act (FOIA), Title 5 of the United States Code, section 552. Information routinely provided to the public ( i.e., train timetables, press releases) may be obtained at Amtrak's Web site www.amtrak.com without following Amtrak's FOIA procedures. | ||||||||
| 49:49:7.1.3.1.2.0.1.10 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.10 Appeals. | [82 FR 9683, Feb. 8, 2017, as amended at 90 FR 27816, June 30, 2025] | (a) Appeals of adverse determinations. (1) The requesting party may appeal: (i) A decision to withhold any requested record in whole or in part; (ii) A determination that a requested record does not exist or cannot be located; (iii) A denial of a request for expedited treatment; or (iv) Any disputed fee matter or the denial of a request for a fee waiver. (2) The appeal must be addressed to the Executive Vice President, Chief Legal and Human Resources Officer; National Railroad Passenger Corporation; 1 Massachusetts Avenue NW, Washington, DC 20001. (3) The appeal must be in writing and specify the relevant facts and the basis for the appeal. The appeal letter and envelope should be marked prominently that it is a Freedom of Information Act or “FOIA” appeal to ensure that it is properly routed. (4) The appeal must be received by the President's Office within ninety days of the date of denial. (5) An appeal will not be acted upon if the request becomes a matter of FOIA litigation. (b) Responses to appeals. The decision on any appeal shall be made in writing. (1) A decision upholding an adverse determination in whole or in part shall contain a statement of the reason(s) for such action, including any FOIA exemption(s) applied. The requesting party shall also be advised of the provision for judicial review of the decision contained in 5 U.S.C. 552(a)(4)(B). (2) Engaging in dispute resolution services provided by OGIS. Mediation is a voluntary process. If Amtrak agrees to participate in the mediation services provided by OGIS, it will actively engage as a partner to the process in an attempt to resolve the dispute. (3) If the adverse determination is reversed or modified on appeal in whole or in part, the requesting party shall be notified, and the request shall be reprocessed in accordance with the decision. (c) When appeal is required. The requesting party generally must timely appeal any adverse determination prior to seeking judicial review. | |||||||
| 49:49:7.1.3.1.2.0.1.11 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.11 Fees. | [82 FR 9683, Feb. 8, 2017, as amended at 90 FR 27816, June 30, 2025] | (a) Amtrak shall charge for processing requests under the FOIA in accordance with this section. A fee of $50 per hour shall be charged for search and review. For information concerning other processing fees, refer to paragraph (e) of this section. Amtrak shall collect all applicable fees before releasing copies of requested records to the requesting party. Payment of fees shall be made by check or money order payable to the National Railroad Passenger Corporation. (b) Definitions. For purposes of this section: (1) Direct costs means those expenses actually incurred in searching for and reproducing (and, in the case of commercial use requests, reviewing) records to respond to a FOIA request. Direct costs include such costs as the salary of the employee performing the work (the basic rate of pay for the employee plus applicable benefits and the cost of operating reproduction equipment). Direct costs do not include overhead expenses such as the costs of space and heating or lighting of the facility. (2) Reproduction means the making of a copy of a record or the information contained in it in order to respond to a FOIA request. Copies can take the form of paper, microform, audiovisual materials, or electronic records ( i.e., magnetic tape or disk) among others. Amtrak shall honor a requester's specified preference for the form or format of disclosure if the record is readily reproducible with reasonable effort in the requested form or format by the office responding to the request. (3) Review means the process of examining a record located in response to a request to determine whether one or more of the statutory exemptions of the FOIA apply. Processing any record for disclosure includes doing all that is necessary to redact the record and prepare it for release. Review time includes time spent considering formal objection to disclosure by a commercial submitter under § 701.9 but does not include time spent resolving general legal or policy issues regarding the application of exemptions. Review costs are… | |||||||
| 49:49:7.1.3.1.2.0.1.12 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.12 Other rights and services. | Nothing in this part shall be construed as entitling any person, as of right, to any service or the disclosure of any record to which such person is not entitled under the FOIA. | ||||||||
| 49:49:7.1.3.1.2.0.1.2 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.2 Definitions. | Unless the context requires otherwise in this part, masculine pronouns include the feminine gender and “includes” means “includes but is not limited to.” Amtrak or Corporation means the National Railroad Passenger Corporation. Appeal means a request submitted to the President of Amtrak or designee for review of an adverse initial determination. Business days means working days; Saturdays, Sundays, and legal public holidays are excluded in computing response time for processing FOIA requests. Disclose or disclosure means making records available for examination or copying, or furnishing a copy of nonexempt responsive records. Electronic data means records and information (including email) that are created, stored, and retrievable by electronic means. Exempt information means information that is exempt from disclosure as permitted by 5 U.S.C. 552. Final determination means a decision by the President of Amtrak or designee concerning a request for review of an adverse initial determination received in response to an FOIA request. FOIA Officer means the Amtrak official designated to fulfill the responsibilities of implementing and administering the Freedom of Information Act as specifically designated under this part. Freedom of Information Act or “FOIA” means the statute as codified in section 552 of Title 5 of the United States Code as amended. Initial determination means a decision by the Amtrak FOIA Officer in response to a request for information under the FOIA. Pages means paper copies of standard office size or the cost equivalent in other media. President means the President and Chief Executive Officer (CEO) of the National Railroad Passenger Corporation (Amtrak) or designee. Record means any writing, drawing, map, recording, tape, film, photograph, or other documentary material by which information is preserved in any format, including electronic format. A record must exist and be in the possession and control of Amtrak at the time of the request to be subject to this part and the F… | ||||||||
| 49:49:7.1.3.1.2.0.1.3 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.3 Policy. | (a) Amtrak will make records of the Corporation available to the public to the greatest practicable extent in keeping with the spirit of the law. Therefore, records of the Corporation are available electronically, which can be accessed at the Amtrak FOIA Web site http://www.amtrak.com/foia and www.amtrak.com, as provided in this part with the exception of those that the Corporation specifically determines should not be disclosed either in the public interest, for the protection of private rights, or for the efficient conduct of public or corporate business, but only to the extent withholding is permitted by law. (b) A record of the Corporation, or parts thereof, may be withheld from disclosure if the Corporation reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or when disclosure is prohibited by law. Disclosure to a properly constituted advisory committee, to Congress, or to Federal agencies does not waive the exemption. (c) In the event full disclosure of a requested record is not possible, any reasonably segregable portion of the record will be made available to the requesting person after deletion of the exempt portions. The entire record may be withheld if a determination is made that nonexempt material is so inextricably intertwined that disclosure would leave only essentially meaningless words or phrases, or when it can be reasonably assumed that a skillful and knowledgeable person could reconstruct the deleted information. (d) The procedures in this part apply only to records in existence at the time of a request. The Corporation has no obligation to create a record solely for the purpose of making it available under the FOIA or to provide a record that will be created in the future. (e) Each officer and employee of the Corporation dealing with FOIA requests is directed to cooperate in making records available for disclosure under the Act in a prompt manner consistent with this part. (f) The FOIA time limits will not begin to run until a request has been ide… | ||||||||
| 49:49:7.1.3.1.2.0.1.4 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.4 Amtrak public information. | (a) Amtrak FOIA Web site. Amtrak will make available electronically records created by the Corporation that are required under the FOIA to be made available for public inspection which can be accessed at the Amtrak FOIA Web site http://www.amtrak.com/foia and www.amtrak.com. (b) Frequently requested information. The FOIA requires that copies of records, regardless of form or format, that have been released pursuant to a FOIA request under 5 U.S.C. 552(a)(3) be made publicly available in an electronic format if because of the nature of their subject matter they have become or are likely to become the subject of subsequent requests for substantially the same records or they have been requested three or more times. (1) Amtrak shall decide on a case-by-case basis whether records fall into the first category of “frequently requested FOIA records” based on the following factors: (i) Previous experience with similar records; (ii) The nature and type of information contained in the records; (iii) The identity and number of requesters and whether there is widespread media or commercial interest in the records. (c) Guide for making requests. A guide on how to use the FOIA for requesting records from Amtrak shall be made available to the public upon request. Amtrak's major information systems will be described in the guide. | ||||||||
| 49:49:7.1.3.1.2.0.1.5 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.5 Requirements for making requests. | [82 FR 9683, Feb. 8, 2017, as amended at 90 FR 27816, June 30, 2025] | (a) General requirements. (1) A FOIA request can be made by “any person” as defined in 5 U.S.C. 551(2), which encompasses individuals (including foreign citizens; partnerships; corporations; associations; and local, state, tribal, and foreign governments). A FOIA request may not be made by a Federal agency. (2) A request must be in writing, indicate that it is being made under the FOIA, and provide an adequate description of the records sought. The request should also include applicable information regarding fees as specified in paragraphs (d) and (e) of this section. (b) How to submit a request. (1) The request letter and envelope should be marked prominently that it is a Freedom of Information Act or “FOIA” request to ensure that it is properly routed. (2) The request must be addressed to the Freedom of Information Office; National Railroad Passenger Corporation; 1 Massachusetts Avenue NW, Washington, DC 20001. Requests will also be accepted by submission in Amtrak's FOIA portal at https://pal-amtrak.efoia-host.com/ or through the National FOIA Portal at https://www.foia.gov/. Amtrak cannot assure that a timely or satisfactory response under this part will be given to written requests addressed to Amtrak offices, officers, or employees other than the FOIA Office. Amtrak employees receiving a communication in the nature of a FOIA request shall forward it to the FOIA Office expeditiously. Amtrak shall advise the requesting party of the date that an improperly addressed request is received by the FOIA Office. (c) Content of the request —(1) Description of records. Identification of records sought under the FOIA is the responsibility of the requester. The records sought should be described in sufficient detail so that Amtrak personnel can locate them with a reasonable amount of effort. When possible, the request should include specific information such as dates, title or name, author, recipient, subject matter of the record, file designation or number, or other pertinent details for each record or ca… | |||||||
| 49:49:7.1.3.1.2.0.1.6 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.6 Release and processing procedures. | (a) General provisions. In determining records that are responsive to a request, Amtrak will ordinarily include only records that exist and are in the possession and control of the Corporation as of the date that the search is begun. If any other date is used, the requesting party will be informed of that date. (b) Authority to grant or deny requests. Amtrak's FOIA Officer is authorized to grant or deny any request for records. (c) Notice of referral. If Amtrak refers all or any part of the responsibility for responding to a request to another organization, the requesting party will be notified. A referral shall not be considered a denial of access within the meaning of this part. All consultations and referrals of requests will be handled according to the date that the FOIA request was initially received. (d) Creating a record. There is no obligation on the part of Amtrak to create a record to satisfy a FOIA request. Amtrak may create a new record in its sole discretion, however, when doing so would result in a more useful response to the requesting party or would be less burdensome to Amtrak than providing existing records. The cost of creating such a record may not be charged to the requester unless the fee for creating the record is equal to or less than the fee that would be charged for providing the existing record. (e) Incomplete records. If the records requested are not complete at the time of a request, Amtrak may, at its discretion, inform the requester that complete nonexempt records will be provided when available without having to submit an additional request. (f) Electronic records. Amtrak is not obligated to process a request for electronic records where creation of a record, programming, or a particular format would result in a significant expenditure of resources or interfere with the corporation's operations. | ||||||||
| 49:49:7.1.3.1.2.0.1.7 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.7 Timing of responses to requests. | (a) General. (1) The time limits prescribed in the FOIA will begin only after the requirements for submitting a request as established in § 701.5 have been met, and the request is deemed received by the FOIA Office. (2) A request for records shall be considered to have been received on the later of the following dates: (i) The requester has agreed in writing to pay applicable fees in accordance with § 701.5(d); or (ii) The fees have been waived in accordance with § 701.11(k); or (iii) Payment in advance has been received from the requester when required in accordance with § 701.11(i). (3) The time for responding to requests set forth in paragraph (b) of this section may be delayed if: (i) The request does not sufficiently identify the fee category applicable to the request; (ii) The request does not state a willingness to pay all fees; (iii) A request seeking a fee waiver does not address the criteria for fee waivers set forth in § 701.11(k); (iv) A fee waiver request is denied, and the request does not include an alternative statement indicating that the requesting party is willing to pay all fees. (b) Initial determination. Whenever possible, an initial determination to release or deny a record shall be made within twenty business days after receipt of the request. In “unusual circumstances” as described in paragraph (d) of this section, the time for an initial determination may be extended for ten business days. (c) Multitrack processing. (1) Amtrak may use two or more processing tracks by distinguishing between simple, complex, and expedited requests based on the amount of work and/or time needed to process a request or the number of pages involved. (2) In general, when requests are received, Amtrak's FOIA Office will review and categorize them for tracking purposes. Requests within each track will be processed according to date of receipt. (3) The FOIA Office may contact a requester when a request does not appear to qualify for fast track processing to provide an opportunity to limit the s… | ||||||||
| 49:49:7.1.3.1.2.0.1.8 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.8 Responses to requests. | (a) Granting of requests. When an initial determination is made to grant a request in whole or in part, the requesting party shall be notified in writing and advised of any fees charged under § 701.11(e). The records shall be disclosed to the requesting party promptly upon payment of applicable fees. The requesting party has the right to seek assistance from Amtrak's FOIA Public Liaison. (b) Adverse determination of requests —(1) Types of denials. The requesting party shall be notified in writing of a determination to deny a request in any respect. Adverse determinations or denials of records consist of: (i) A determination to withhold any requested record in whole or in part; (ii) A determination that a requested record does not exist or cannot be located; (iii) A denial of a request for expedited treatment; and (iv) A determination on any disputed fee matter including a denial of a request for a fee waiver. (2) Deletions. Records disclosed in part shall be marked clearly to show both the amount of the information deleted and the exemption under which the deletion was made unless doing so would harm an interest protected by an applicable exemption. If technically feasible, the amount of the information deleted and the exemption under which the deletion is made shall be indicated at the place in the record where such deletion is made. (3) Content of denial letter. The denial letter shall be signed by the FOIA Officer or designee and shall include: (i) A brief statement of the reason(s) for the adverse determination including any FOIA exemptions applied in denying the request; (ii) An estimate of the volume of information withheld (number of pages or some other reasonable form of estimation). An estimate does not need to be provided if the volume is indicated through deletions on records disclosed in part, or if providing an estimate would harm an interest protected by an applicable exemption; (iii) A statement that an appeal may be filed under § 701.10 and a description of the requirements of t… | ||||||||
| 49:49:7.1.3.1.2.0.1.9 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.9 Business information. | (a) General. Business information held by Amtrak will be disclosed under the FOIA only under this section. (b) Definitions. For purposes of this section, the following definitions apply: (1) Business information means commercial or financial information held by Amtrak that may be protected from disclosure under Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4). (2) Submitter means any person or entity including partnerships; corporations; associations; and local, state, tribal, and foreign governments. (c) Designation of business information. A submitter of business information will use good faith efforts to designate, by appropriate markings, either at the time of submission or at a reasonable time thereafter, any portions of its submission that it considers to be protected from disclosure under Exemption 4. These designations will expire ten years after the date of the submission unless the submitter requests and provides justification for a longer designation period. (d) Notice to submitters. Amtrak shall provide a submitter with prompt written notice of an FOIA request or an appeal that seeks its business information when required under paragraph (e) of this section, except as provided in paragraph (h) of this section, in order to give the submitter an opportunity to object to disclosure of any specified portion of the information under paragraph (f). The notice shall either describe the business information requested or include copies of the requested records or portions of records containing the information. (e) When notice is required. Notice shall be given to a submitter when: (1) The information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4; or (2) Amtrak has reason to believe that the information may be protected from disclosure under Exemption 4. (f) Opportunity to object to disclosure. Amtrak will allow a submitter a reasonable amount of time, as determined by Amtrak in its sole discretion, to respond to the … | ||||||||
| 7:7:7.1.1.1.2.1.1.1 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.1 Administration. | FSA | [69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70087, Nov. 17, 2010] | (a) Subject to the availability of funds, this part provides the terms, conditions and requirements of the Emergency Conservation Program (ECP) and the Emergency Forest Restoration Program (EFRP) administered by the Farm Service Agency (FSA). Neither program is an entitlement program and payments will only be made to the extent that the Deputy Administrator announces the eligibility of benefits for certain natural disasters, the areas in which such benefits will be available, the time period in which the disaster and the rehabilitation must occur, and only so long as all the conditions for eligibility specified in this part and elsewhere in law are met. However, the Deputy Administrator will not apply any non-statutory limitation on payments provided for in this part in such a way that it would necessarily result in the non-expenditure of program funds required to otherwise be made by law. (b) ECP and EFRP are administered by the Administrator, FSA through the Deputy Administrator, FSA, and shall be carried out in the field by State and county FSA committees (State and county committees), subject to the availability of funds. Except as otherwise provided in this rule, discretionary determinations to be made under this rule will be made by the Deputy Administrator. Matters committed to the discretion of the Deputy Administrator shall be considered in all cases to be permissive powers and no person or legal entity shall, under any circumstances, be considered to be entitled to an exercise of such power in their favor. (c) State and county committees, and representatives and employees, do not have authority to modify or waive any regulations in this part. (d) The State committee may take any action authorized or required of the county committee by this part, but which the county committee has not taken, 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 t… | |||
| 7:7:7.1.1.1.2.1.1.10 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.22 Eligibility to file for cost-share assistance. | FSA | Any eligible participant, as defined in this part, who paid part of the cost of an approved practice may file an application for cost-share payment. | ||||
| 7:7:7.1.1.1.2.1.1.11 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.23 Eligible costs. | FSA | [69 FR 10302, Mar. 4, 2004, and amended at 75 FR 70088, Nov. 17, 2010] | (a) Cost-share assistance may be authorized for all reasonable costs incurred in the completion of the practice, up to the maximums provided in §§ 701.126, 701.127, and 701.226. (b) Eligible costs shall be limited as follows: (1) Costs for use of personal equipment shall be limited to those incurred beyond the normal operation of the eligible land. (2) Costs for personal labor shall be limited to personal labor not normally required in the operation of the eligible land. (3) Costs for the use of personal equipment and labor must be less than that charged for such equipment and labor by commercial contractors regularly employed in such areas. (4) Costs shall not exceed those needed to achieve the minimum performance necessary to resolve the problem being corrected by the practice. Any costs above those levels shall not be considered to be eligible costs for purposes of calculations made under this part. (c) Costs shall not exceed the practice specifications in § 701.112(d) or § 701.212(d) for cost-share calculations. (d) The gross amount on which the cost-share eligibility may be computed will not include any costs that were reimbursed by a third party including, but not limited to, an insurance indemnity payment. (e) Total cost-share payments from all sources shall not exceed the total of eligible costs of the practice to the applicant. | |||
| 7:7:7.1.1.1.2.1.1.12 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.24 Dividing cost-share among more than one participant. | FSA | (a) For qualifying cost-share assistance under this part, the cost shall be credited to the participant who personally performed the practice or who paid to have it performed by a third party. If a payment or credit was made by one participant to another potential participant, paragraph (c) of this section shall apply. (b) If more than one participant contributed to the performance of the practice, the cost-share assistance for the practice shall be divided among those eligible participants in the proportion they contributed to the performance of the practice. FSA may determine what proportion was contributed by each participant by considering the value of the labor, equipment, or material contributed by each participant and any other factors deemed relevant toward performance. (c) Allowance by a participant of a credit to another participant through adjustment in rent, cash or other consideration, may be considered as a cost of a practice to the paying party only if FSA determines that such credit is directly related to the practice. An applicant who was fully reimbursed shall be considered as not having contributed to the practice performance. | ||||
| 7:7:7.1.1.1.2.1.1.13 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.25 Practices carried out with aid from ineligible persons or ineligible legal entities. | FSA | [69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010] | Any assistance provided by someone other than the eligible participant, including assistance from a State or Federal agency, shall be deducted from the participant's total costs incurred for the practice for the purpose of computing ECP or EFRP cost shares. If unusual conditions exist, the Deputy Administrator may waive deduction of such contributions upon a request from the State committee and demonstration of the need for such a waiver. | |||
| 7:7:7.1.1.1.2.1.1.14 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | §§ 701.26-701.30 [Reserved] | FSA | |||||
| 7:7:7.1.1.1.2.1.1.15 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.31 Maintenance and proper use of practices. | FSA | (a) Each participant receiving cost-share assistance is responsible for the required maintenance and proper use of the practice. Some practices have an established life span or minimum period of time during which they are expected to function as a conservation practice with proper maintenance. Cost-share assistance shall not be authorized for normal upkeep or maintenance of any practice. (b) If a practice is not properly maintained for the established life span, the participant may be required to refund all or part of cost-share assistance received. The Deputy Administrator will determine what constitutes failure to maintain a practice and the amount that must be refunded. | ||||
| 7:7:7.1.1.1.2.1.1.16 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.32 Failure to comply with program provisions. | FSA | Costs may be shared for performance actually rendered even though the minimum requirements otherwise established for a practice have not been satisfied if a reasonable effort was made to satisfy the minimum requirements and if the practice, as performed, will adequately address the need for the practice. | ||||
| 7:7:7.1.1.1.2.1.1.17 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.33 Death, incompetency, or disappearance. | FSA | In case of death, incompetency, or disappearance of any participant, any cost-share payment due shall be paid to the successor, as determined in accordance with part 707 of this chapter. | ||||
| 7:7:7.1.1.1.2.1.1.18 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.34 Appeals. | FSA | [69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010] | Part 11 of this title and parts 614 and 780 of this chapter apply to determinations made under this part. | |||
| 7:7:7.1.1.1.2.1.1.19 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.35 Compliance with regulatory measures. | FSA | [69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010] | Participants who perform practices shall be responsible for obtaining the authorities, permits, rights, easements, or other approvals necessary to the performance and maintenance of the practices according to applicable laws and regulations. The ECP or EFRP participant shall be wholly responsible for any actions taken with respect to the project and shall, in addition, be responsible for returning and refunding any ECP or EFRP cost shares made, where the purpose of the project cannot be accomplished because of the applicants' lack of clearances or other problems. | |||
| 7:7:7.1.1.1.2.1.1.2 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.2 Definitions. | FSA | [69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70087, Nov. 17, 2010; 84 FR 32841, July 10, 2019; 88 FR 1882, Jan. 11, 2023] | (a) The terms defined in part 718 of this chapter shall be applicable to this part and all documents issued in accordance with this part, except as otherwise provided in this section. (b) The following definitions shall apply to this part: Agricultural producer means an owner, operator, or tenant of a farm or ranch used to produce for food or fiber, crops (including but not limited to, grain or row crops; seed crops; vegetables or fruits; hay forage or pasture; orchards or vineyards; flowers or bulbs; or field grown ornamentals) or livestock (including but not limited to, dairy or beef cattle; poultry; swine; sheep or goats; fish or other animals raised by aquaculture; other livestock or fowl) for commercial production. Producers of animals raised for recreational uses only are not considered agricultural producers. Annual agricultural production means production of crops for food or fiber in a commercial operation that occurs on an annual basis under normal conditions. Applicant means a person or legal entity who has submitted to FSA a request to participate in the ECP or EFRP. Cost-share payment means the payment made by FSA to assist a program participant under this part to establish practices required to address qualifying damage suffered in connection with a qualifying disaster. Deputy Administrator means the Deputy Administrator for Farm Programs, FSA, the ECP Program Manager, or designee. Farmland means land devoted to agricultural production, including land used for aquaculture, or other land as may be determined by the Deputy Administrator. Forestland means land that is at least 120 feet wide and 1 acre in size and at least 10 percent covered by live trees of any size. Natural disaster means wildfires, hurricanes or excessive winds, drought, ice storms or blizzards, floods, or other naturally-occurring resource impacting events as determined by FSA. For EFRP, a natural disaster also includes insect or disease infestations as determined by FSA in consultation with other Federal and State … | |||
| 7:7:7.1.1.1.2.1.1.20 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.36 Schemes and devices and claims avoidances. | FSA | [69 FR 10302, Mar. 4, 2004, and amended at 75 FR 70088, Nov. 17, 2010] | (a) If FSA determines that a participant has taken any action designed to defeat, or has the effect of defeating, the purposes of this program, the participant shall be required to refund all or part of any of the program payments otherwise due or paid that participant or related person or legal entity for that particular disaster. These actions include, but are not limited to, failure to properly maintain or deliberately destroying a practice and providing false or misleading information related to practices, costs, or arrangements between entities or individuals that would have an effect on any eligibility determination, including, but not limited to, a payment limit eligibility. (b) All or any part of cost-share assistance that otherwise would be due any participant may be withheld, or required to be refunded, if the participant has adopted, or participated in, any scheme or device designed to evade the maximum cost-share limitation that applies to the program or to evade any other requirement or provision of the program or this part. (c) If FSA determines that a participant has employed any scheme or device to deprive any other person or legal entity of cost-share assistance, or engaged in any actions to receive payments under this part that also were designed to avoid claims of the United States or its instrumentalities or agents against that party, related parties, or third parties, the participant shall refund all or part of any of those program payments paid to that participant for the project. (d) For purposes of this section, a scheme or device can include, but is not limited to, instances of coercion, fraud, or misrepresentation regarding the claim for ECP or EFRP assistance and the facts and circumstances surrounding such claim. (e) A participant who has knowingly supplied false information or filed a false claim shall be ineligible for cost-share assistance related to the disaster for which the false information was filed, or for any period of time FSA deems appropriate. False information or a fa… | |||
| 7:7:7.1.1.1.2.1.1.21 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.37 Loss of control of the property during the practice life span. | FSA | [69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010] | In the event of voluntary or involuntary loss of control of the land by the ECP or EFRP cost-share recipient during the practice life-span, if the person or legal entity acquiring control elects not to become a successor to the ECP or EFRP agreement and the practice is not maintained, each participant who received cost-share assistance for the practice may be jointly and severally liable for refunding any ECP or EFRP cost-share assistance related to that practice. The practice life span, for purposes of this section, includes any maintenance period that is essential to its success. | |||
| 7:7:7.1.1.1.2.1.1.22 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | §§ 701.38-701.40 [Reserved] | FSA | |||||
| 7:7:7.1.1.1.2.1.1.23 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.41 Cost-share assistance not subject to claims. | FSA | Any cost-share assistance or portion thereof due any participant under this part shall be allowed without regard to questions of title under State law, and without regard to any claim or lien against any crop or property, or proceeds thereof, except liens and other claims of the United States or its instrumentalities. The regulations governing offsets and withholdings at parts 792 and 1403 of this title shall be applicable to this program and the provisions most favorable to a collection of the debt shall control. | ||||
| 7:7:7.1.1.1.2.1.1.24 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.42 Assignments. | FSA | Participants may assign ECP cost-share assistance payments, in whole or in part, according to part 1404 of this title. | ||||
| 7:7:7.1.1.1.2.1.1.25 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.43 Information collection requirements. | FSA | Information collection requirements contained in this part have been approved by the Office of Management and Budget under the provisions at 44 U.S.C. Chapter 35 and have been assigned OMB Number 0560-0082. | ||||
| 7:7:7.1.1.1.2.1.1.26 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | §§ 701.44--701.45 [Reserved] | FSA | |||||
| 7:7:7.1.1.1.2.1.1.3 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | §§ 701.3-701.12 [Reserved] | FSA | |||||
| 7:7:7.1.1.1.2.1.1.4 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.13 Submitting requests. | FSA | [69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010] | (a) Subject to the availability of funds, the Deputy Administrator shall provide for an enrollment period for submitting ECP or EFRP cost-share requests. (b) Requests may be accepted after the announced enrollment period, if such acceptance is approved by the Deputy Administrator and is in accordance with the purposes of the program. | |||
| 7:7:7.1.1.1.2.1.1.5 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.14 Onsite inspections. | FSA | [69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010] | (a) An onsite inspection must be made before approval of any request for ECP or EFRP assistance. (b) Notwithstanding paragraph (a) of this section, onsite inspections may be waived by FSA, in its discretion only, where damage is so severe that an onsite inspection is unnecessary, as determined by FSA. | |||
| 7:7:7.1.1.1.2.1.1.6 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.15 Starting practices before cost-share request is submitted; non-entitlement to payment; payment subject to the availability of funds. | FSA | [69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010] | (a) Subject to paragraphs (b) and (c) of this section, costs will not be shared for practices or components of practices that are started before a request for cost share under this part is submitted with the applicable county FSA office. (b) Costs may be shared for drought and non-drought practices or components of practices that are started before a request is submitted with the county FSA office, only if: (1) Considered and approved on a case-by-case basis in accordance with instructions of the Deputy Administrator; (2) The disaster that is the basis of a claim for cost-share assistance created a situation that required the producer to take immediate action to prevent further losses; (3) The Deputy Administrator determines that the request for assistance was filed within a reasonable amount of time after the start of the enrollment period; and (4) The practice was started no more than 60 days before the ECP or EFRP designation was approved for the applicable county office. (c) Any action taken prior to approval of a claim is taken at the producer's own risk. (d) An application for relief may be denied for any reason. (e) All payments under this part are subject to the availability of funds. | |||
| 7:7:7.1.1.1.2.1.1.7 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.16 Practice approval. | FSA | [69 FR 10302, Mar. 4, 2004, and amended at 75 FR 70088, Nov. 17, 2010] | (a) Requests shall be prioritized before approval based on factors deemed appropriate by FSA, which include, but are not limited to: (1) Type and degree of damage; (2) Type of practices needed to address the problem; (3) Availability of funds; (4) Availability of technical assistance; (5) Environmental concerns; (6) Safety factors; or (7) In the case of ECP, welfare of eligible livestock. (b) Requests for cost-share assistance may be approved if: (1) Funds are available; and (2) The requested practice is determined eligible. | |||
| 7:7:7.1.1.1.2.1.1.8 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | §§ 701.17-701.20 [Reserved] | FSA | |||||
| 7:7:7.1.1.1.2.1.1.9 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | A | Subpart A—General | § 701.21 Filing payment application. | FSA | Cost-share assistance is conditioned upon the availability of funds and the performance of the practice in compliance with all applicable specifications and program regulations. (a) Completion of practice. After completion of the approved practice, the participant must certify completion and request payment by the payment request deadline. FSA will provide the participant with a form or another manner to be used to request payment. (b) Proof of completion. Participants shall submit to FSA, at the local county office, the information needed to establish the extent of the performance of approved practices and compliance with applicable program provisions. (c) Payment request deadline. The time limits for submission of information shall be determined by the Deputy Administrator. The payment request deadline for each ECP practice will be provided in the agreement after the application is approved. Time limits may be extended where failure to submit required information within the applicable time limits is due to reasons beyond the control of the participant. | ||||
| 7:7:7.1.1.1.2.2.1.1 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | §§ 701.100-701.102 [Reserved] | FSA | |||||
| 7:7:7.1.1.1.2.2.1.10 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | §§ 701.113-701.117 [Reserved] | FSA | |||||
| 7:7:7.1.1.1.2.2.1.11 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | §§ 701.118-701.125 [Reserved] | FSA | |||||
| 7:7:7.1.1.1.2.2.1.12 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | § 701.126 Maximum cost-share percentage. | FSA | [69 FR 10302, Mar. 4, 2004. Redesignated and amended at 75 FR 70088, Nov. 17, 2010; 84 FR 32841, July 10, 2019; 88 FR 1883, Jan. 11, 2023] | (a) In addition to other restrictions that may be applied by FSA, an ECP participant shall not receive more than 75 percent of the total allowable costs, as determined by this part, to perform the practice. (b) However, notwithstanding paragraph (a) of this section, a producer who is a limited resource, socially disadvantaged, or beginning farmer or rancher that participates in ECP may receive up to 90 percent of the total allowable costs expended to perform the practice as determined under this part. (c) In addition to other limitations that apply, in no case will the ECP payment exceed 50 percent of what the Deputy Administrator has determined is the agricultural value of the affected land. (d) The Secretary may waive the maximum limitations described in paragraphs (a) through (c) of this section to the maximum extent allowed by law. | |||
| 7:7:7.1.1.1.2.2.1.13 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | § 701.127 Maximum ECP payments per person or legal entity. | FSA | [75 FR 7088, Nov. 17, 2010, as amended at 84 FR 32841, July 10, 2019; 88 FR 1883, Jan. 11, 2023] | (a) A person or legal entity, as defined in part 1400 of this title, is limited to a maximum ECP cost-share of $500,000 per person or legal entity, per natural disaster. (b) The Secretary may waive the maximum limitations described in paragraph (a) of this section to the maximum extent allowed by law. | |||
| 7:7:7.1.1.1.2.2.1.14 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | § 701.128 Advance payment. | FSA | [84 FR 32841, July 10, 2019, as amended at 88 FR 1883, Jan. 11, 2023] | (a) With respect to a payment to an agricultural producer for any eligible ECP practice, the agricultural producer has the option of receiving up to 25 percent of the projected payment, determined based on the applicable percentage of the fair market value of the cost of the practice, as determined by FSA, before the agricultural producer carries out the restoration. (b) If the funds provided under paragraph (a) of this section are not spent by the agricultural producer within 60 calendar days of the date on which the agricultural producer receives those funds, the funds must be returned to FSA by a date determined by FSA. (c) Payments made under this section are subject to the availability of funds. | |||
| 7:7:7.1.1.1.2.2.1.15 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | §§ 701.129-701.157 [Reserved] | FSA | |||||
| 7:7:7.1.1.1.2.2.1.2 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | § 701.103 Eligible losses, objective, and payments. | FSA | [69 FR 10302, Mar. 4, 2004. Redesignated and amended at 75 FR 70088, Nov. 17, 2010; 84 FR 32841, July 10, 2019] | (a) FSA will provide cost-share assistance to farmers and ranchers to rehabilitate farmland damaged by wind erosion, floods, hurricanes, wildfire, or other natural disasters as determined by the Deputy Administrator, and to carry out emergency water conservation measures during periods of severe drought, subject to the availability of funds and only for areas, natural disasters, and time periods approved by the Deputy Administrator. (b) The objective of the ECP is to make cost-share assistance available to eligible participants on eligible land for certain practices, to rehabilitate farmland damaged by floods, hurricanes, wildfire, wind erosion, or other natural disasters, and for the installation of water conservation measures during periods of severe drought. (c) Payments may also be made under this subpart for: (1) Emergency water conservation or water enhancement measures (including measures to assist confined livestock) during periods of severe drought; and (2) Floodplain easements for runoff and other emergency measures that the Deputy Administrator determines is necessary to safeguard life and property from floods, drought, and the products of erosion on any watershed whenever fire, flood, or other natural occurrence is causing or has caused, a sudden impairment of the watershed. (d) Payments under this part are subject to the availability of appropriated funds and any limitations that may otherwise be provided for by Congress. | |||
| 7:7:7.1.1.1.2.2.1.3 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | § 701.104 Producer eligibility. | FSA | [69 FR 10302, Mar. 4, 2004. Redesignated and amended at 75 FR 70088, Nov. 17, 2010] | (a) To be eligible to participate in the ECP the Deputy Administrator must determine that a person or legal entity is an agricultural producer with an interest in the land affected by the natural disaster, and that person or legal entity must be liable for or have paid the expense that is the subject of the cost share. The applicant must be a landowner or user in the area where the qualifying event has occurred, and must be a party who will incur the expense that is the subject of the cost share. (b) Federal agencies and States, including all agencies and political subdivisions of a State, are ineligible to participate in the ECP. (c) All producer eligibility is subject to the availability of funds and an application may be denied for any reason. | |||
| 7:7:7.1.1.1.2.2.1.4 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | § 701.105 Land eligibility. | FSA | [69 FR 10302, Mar. 4, 2004. Redesignated at 75 FR 70088, Nov. 17, 2010, as amended at 88 FR 1883, Jan. 11, 2023] | (a) For land to be eligible, the Deputy Administrator must determine that land that is the subject of the cost share: (1) Will have new conservation problems caused as a result of a natural disaster that, if not treated, would: (i) Impair or endanger the land; (ii) Materially affect the productive capacity of the land; (iii) Represent unusual damage that, except for wind erosion, is not of the type likely to recur frequently in the same area; and (iv) Be so costly to repair that Federal assistance is or will be required to return the land to productive agricultural use. Conservation problems existing prior to the disaster are not eligible for cost-share assistance. (2) Be physically located in a county in which the ECP has been implemented; and (3) Be one of the following: (i) Land expected to have annual agricultural production, (ii) A field windbreak or a farmstead shelterbelt on which the ECP practice to be implemented involves removing debris that interferes with normal farming operations on the farm and correcting damage caused by the disaster; or (iii) A farm access road on which debris interfering with the normal farming operation needs to be removed. (b) Land is ineligible for cost share if the Deputy Administrator determines that it is, as applicable: (1) Protected by a levee or dike that was not effectively and properly functioning prior to the disaster, or is protected, or intended to be protected, by a levee or dike not built to U.S. Army Corps of Engineers, NRCS, or comparable standards; (2) Adjacent to water impoundment reservoirs that are subject to inundation when the reservoir is filled to capacity; (3) Land on which levees or dikes are located; (4) Subject to frequent damage or susceptible to severe damage according to paragraph (c) of this section; (5) Subject to flowage or flood easements and inundation when water is released in normal operations; (6) Between any levee or dike and a stream, river, or body of water, including land between two or more levees or dikes; (7) Locat… | |||
| 7:7:7.1.1.1.2.2.1.5 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | § 701.106 Government-owned land. | FSA | [88 FR 1883, Jan. 11, 2023] | (a) State-owned land. When land is owned by a State, whether it is eligible for cost share is as specified in this paragraph (a) in addition to the requirements in § 701.105. (1) If an eligible person or legal entity has a lease for the State-owned land that allows cost share, and files a cost share request for the State-owned land, the land is eligible for cost share if, as determined by FSA, the: (i) Eligible person or legal entity will directly benefit from the practice; or (ii) The land will remain in agricultural production throughout the established practice life span. (2) If an eligible person or legal entity files a cost-share request for State-owned land, the land is ineligible for cost share if, as determined by FSA, the: (i) Practice is for the primary benefit of the State or State agencies; or (ii) Eligible person or legal entity is prohibited by the lease from accepting cost-share. (b) Federally-owned farmland. When land is federally owned, whether it is eligible for cost-share is as specified in this paragraph (a), in addition to the requirements in § 701.105. (1) If an eligible person or legal entity files a cost-share request on federally owned farmland, the land is eligible if all of the following apply: (i) An eligible private person or legal entity is farming or ranching the farmland; (ii) An eligible person or legal entity has a lease that does not prohibit cost-share; (iii) The practice will primarily benefit nearby or adjacent privately owned farmland of the eligible person or legal entity performing the practice; (iv) A person or legal entity performing the practice has authorization from a Federal agency to install and maintain the practice; (v) The Federal land is the most practical location for the eligible practice; and (vi) During a drought, the practice will primarily benefit the livestock owned or managed by the eligible person or legal entity performing the practice. (2) If an eligible person or legal entity files a cost share request on federally-owned land, the … | |||
| 7:7:7.1.1.1.2.2.1.6 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | §§ 701.107-701.109 [Reserved] | FSA | |||||
| 7:7:7.1.1.1.2.2.1.7 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | § 701.110 Qualifying minimum cost of restoration. | FSA | [69 FR 10302, Mar. 4, 2004; 69 FR 22377, Apr. 26, 2004. Redesignated and amended at 75 FR 70088, Nov. 17, 2010] | (a) To qualify for assistance under § 701.103(a), the eligible damage must be so costly that Federal assistance is or will be required to return the land to productive agricultural use or to provide emergency water for livestock. (b) The Deputy Administrator shall establish the minimum qualifying cost of restoration. Each affected State may be allowed to establish a higher minimum qualifying cost of restoration. (c) A producer may request a waiver of the qualifying minimum cost of restoration. The waiver request shall document how failure to grant the waiver will result in environmental damage or hardship to the producer and how the waiver will accomplish the goals of the program. | |||
| 7:7:7.1.1.1.2.2.1.8 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | § 701.111 Prohibition on duplicate payments. | FSA | [69 FR 10302, Mar. 4, 2004, as amended at 71 FR 30265, May 26, 2006. Redesignated at 75 FR 70088, Nov. 17, 2010, as amended at 88 FR 1883, Jan. 11, 2023; 88 FR 39768, June 20, 2023] | (a) Duplicate payments. Participants are not eligible to receive funding under ECP on the same piece of land for which the participant has or will receive funding under any other Federal program that covers the same or similar expenses so as to create duplicate payments, or, in effect, a higher rate of cost share than is allowed under this part. (1) The Wetland Reserve Program (WRP) provided for in 7 CFR part 1467; (2) The Emergency Wetland Reserve Program (EWRP) provided for in 7 CFR part 623; (3) The Emergency Watershed Protection Program (EWP), provided for in 7 CFR part 624, for the same or similar expenses; or (4) Any other Federal program that covers the same or similar expenses so as to create duplicate payments, or, in effect, a higher rate of cost share than is allowed under this part. (b) Refund. Participants who receive any duplicate funds, payments, or benefits shall refund any ECP payments received. | |||
| 7:7:7.1.1.1.2.2.1.9 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | B | Subpart B—Emergency Conservation Program | § 701.112 Eligible ECP practices. | FSA | [69 FR 10302, Mar. 4, 2004. Redesignated and amended at 75 FR 70088, Nov. 17, 2010] | (a) Cost-share assistance may be offered for ECP practices to replace or restore farmland, fences, or conservation structures to a condition similar to that existing before the natural disaster. No relief under this subpart shall be allowed to address conservation problems existing before the disaster. (b) The practice or practices made available when the ECP is implemented shall be only those practices authorized by FSA for which cost-share assistance is essential to permit accomplishment of the program goals. (c) Cost-share assistance may be provided for permanent vegetative cover, including establishment of the cover where needed, only in conjunction with eligible structures or installations where cover is needed to prevent erosion and/or siltation or to accomplish some other ECP purpose. (d) Practice specifications shall represent the minimum levels of performance needed to address the ECP need. | |||
| 7:7:7.1.1.1.2.3.1.1 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | C | Subpart C—Emergency Forest Restoration Program | §§ 701.200-701.202 [Reserved] | FSA | |||||
| 7:7:7.1.1.1.2.3.1.10 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | C | Subpart C—Emergency Forest Restoration Program | § 701.226 Maximum financial assistance. | FSA | [75 FR 70889, Nov. 17, 2010, as amended at 84 FR 32841, July 10, 2019; 88 FR 1883, Jan. 11, 2023] | (a) In addition to other restrictions that may be applied by FSA, an EFRP participant will not receive more than 75 percent of the lesser of the participant's total actual cost or of the total allowable costs, as determined by this subpart, to perform the practice. (b) A person, or legal entity, as defined in part 1400 of this title, is limited to a maximum cost-share of $500,000 per person or legal entity, per natural disaster. (c) The Secretary may waive the maximum limitations described in paragraphs (a) and (b) of this section to the maximum extent allowed by law. | |||
| 7:7:7.1.1.1.2.3.1.2 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | C | Subpart C—Emergency Forest Restoration Program | § 701.203 Eligible measures, objectives, and assistance. | FSA | [75 FR 70889, Nov. 17, 2010, as amended at 84 FR 32841, July 10, 2019] | (a) Subject to the availability of funds and only for areas, natural disasters, and time periods for the natural disaster and rehabilitation approved by the Deputy Administrator, FSA will provide financial assistance to owners of nonindustrial private forest land who carry out emergency measures to restore land damaged by a natural disaster as determined by FSA. (b) The objective of EFRP is to make financial assistance available to eligible participants on eligible land for certain practices to restore nonindustrial private forest land that has been damaged by a natural disaster. | |||
| 7:7:7.1.1.1.2.3.1.3 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | C | Subpart C—Emergency Forest Restoration Program | § 701.204 Participant eligibility. | FSA | (a) To be eligible to participate in EFRP, a person or legal entity must be an owner of nonindustrial private forest land affected by a natural disaster, and must be liable for or have the expense that is the subject of the financial assistance. The owner must be a person or legal entity (including an Indian tribe) with full decision-making authority over the land, as determined by FSA, or with such waivers as may be needed from lenders or others as may be required, to undertake program commitments. (b) Federal agencies and States, including all agencies and political subdivisions of a State, are ineligible for EFRP. (c) An application may be denied for any reason. | ||||
| 7:7:7.1.1.1.2.3.1.4 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | C | Subpart C—Emergency Forest Restoration Program | § 701.205 Land eligibility. | FSA | [75 FR 70889, Nov. 17, 2010, as amended at 84 FR 32841, July 10, 2019] | (a) For land to be eligible, it must be nonindustrial private forest land and must, as determined by FSA: (1) Have existing tree cover or have had tree cover immediately before the natural disaster and be suitable for growing trees; (2) Have damage to natural resources caused by a natural disaster that, if not treated, would impair or endanger the natural resources on the land and would materially affect future use of the land; and (3) Be physically located in a county in which EFRP has been implemented. (b) Land is ineligible for EFRP if FSA determines that the land is any of the following: (1) Owned or controlled by the United States; or (2) Owned or controlled by States, including State agencies or political subdivisions of a State. | |||
| 7:7:7.1.1.1.2.3.1.5 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | C | Subpart C—Emergency Forest Restoration Program | §§ 701.206-701.209 [Reserved] | FSA | |||||
| 7:7:7.1.1.1.2.3.1.6 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | C | Subpart C—Emergency Forest Restoration Program | § 701.210 Qualifying minimum cost of restoration. | FSA | (a) FSA will establish the minimum qualifying cost of restoration, which may vary by State or region. (b) An applicant may request a waiver of the qualifying minimum cost of restoration. The waiver request must document how failure to grant the waiver will result in environmental damage or hardship to the person or legal entity, and how the waiver will accomplish the goals of the program. | ||||
| 7:7:7.1.1.1.2.3.1.7 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | C | Subpart C—Emergency Forest Restoration Program | § 701.211 Prohibition on duplicate payments. | FSA | [75 FR 70889, Nov. 17, 2010, as amended at 88 FR 39768, June 20, 2023] | (a) Participants are not eligible to receive funding under EFRP for land on which FSA determines that the participant has or will receive federal funding for the same or similar expenses under: (1) The Emergency Conservation Program provided for in subpart B of this part; (2) The Wetland Reserve Program (WRP) provided for in part 1467 of this title; (3) The Emergency Wetland Reserve Program (EWRP) provided for in part 623 of this chapter; (4) The Emergency Watershed Protection Program (EWP), provided for in part 624 of this chapter; or (5) Any other Federal program that covers the same or similar expenses so as to create duplicate payments, or, have the effect of creating in total, otherwise, a higher rate of financial assistance than is allowed on its own under this part. (b) Participants who receive any duplicate Federal funds, payments, or benefits must refund any EFRP payments received, except the Deputy Administrator may reduce the refund amount to the amount determined appropriate by the Deputy Administrator to ensure that the total amount of assistance received by the owner of the land under all Federal programs does not exceed an amount otherwise allowed in this part. | |||
| 7:7:7.1.1.1.2.3.1.8 | 7 | Agriculture | VII | A | 701 | PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART | C | Subpart C—Emergency Forest Restoration Program | § 701.212 Eligible EFRP practices. | FSA | (a) Financial assistance may be offered to eligible persons or legal entities for EFRP practices to restore forest health and forest-related resources on eligible land. (b) Practice specifications must represent the minimum level of performance needed to restore the land to the applicable FSA, NRCS, Forest Service, or State forestry standard. |
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