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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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| 15:15:2.1.3.3.15.0.1.1 | 15 | Commerce and Foreign Trade | VII | B | 718 | PART 718—CONFIDENTIAL BUSINESS INFORMATION | § 718.1 Definition. | BIS | The Chemical Weapons Convention Implementation Act of 1998 (“the Act”) defines confidential business information as information included in categories specifically identified in sections 103(g)(1) and 304(e)(2) of the Act and other trade secrets as follows: (a) Financial data; (b) Sales and marketing data (other than shipment data); (c) Pricing data; (d) Personnel data; (e) Research data; (f) Patent data; (g) Data maintained for compliance with environmental or occupational health and safety regulations; (h) Data on personnel and vehicles entering and personnel and personal passenger vehicles exiting the site; (i) Any chemical structure; (j) Any plant design, process, technology or operating method; (k) Any operating requirement, input, or result that identifies any type or quantity of chemicals used, processed or produced; (l) Any commercial sale, shipment or use of a chemical; or (m) Information that qualifies as a trade secret under 5 U.S.C. 552(b)(4) (Freedom of Information Act), provided such trade secret is obtained from a U.S. person or through the U.S. Government. | ||||||
| 15:15:2.1.3.3.15.0.1.2 | 15 | Commerce and Foreign Trade | VII | B | 718 | PART 718—CONFIDENTIAL BUSINESS INFORMATION | § 718.2 Identification of confidential business information. | BIS | (a) General. Certain confidential business information submitted to BIS in declarations and reports does not need to be specifically identified and marked by the submitter, as described in paragraph (b) of this section. Other confidential business information submitted to BIS in declarations and reports and confidential business information provided to the Host Team during inspections must be identified by the inspected facility so that the Host Team can arrange appropriate marking and handling. (b) Confidential business information contained in declarations and reports. (1) BIS has identified those data fields on the declaration and report forms that request “confidential business information” as defined by the Act. These data fields are identified in the table provided in supplement no. 1 to this part. (2) You must specifically identify in a cover letter submitted with your declaration or report any additional information on a declaration or report form (i.e., information not provided in one of the data fields listed in the table included in supplement no. 1 to this part), including information provided in attachments to Form A or Form B, that you believe is confidential business information, as defined by the Act, and must describe how disclosure would likely result in competitive harm. BIS has also determined that descriptions of Schedule 1 facilities submitted with Initial Declarations as attachments to Form A contain confidential business information, as defined by the Act. (c) Confidential business information contained in advance notifications. Information contained in advance notifications of exports and imports of Schedule 1 chemicals is not subject to the confidential business information provisions of the Act. You must identify information in your advance notifications of Schedule 1 imports that you consider to be privileged and confidential, and describe how disclosure would likely result in competitive harm. See § 718.3(b) of the CWCR for provisions on disclosure to the public of such info… | ||||||
| 15:15:2.1.3.3.15.0.1.3 | 15 | Commerce and Foreign Trade | VII | B | 718 | PART 718—CONFIDENTIAL BUSINESS INFORMATION | § 718.3 Disclosure of confidential business information. | BIS | [71 FR 24929, Apr. 27, 2006, as amended at 73 FR 78183, Dec. 22, 2008] | (a) General. Confidentiality of information will be maintained by BIS consistent with the non-disclosure provisions of the Act, the Export Administration Regulations (15 CFR parts 730 through 774), the International Traffic in Arms Regulations (22 CFR parts 120 through 130), and applicable exemptions under the Freedom of Information Act, as appropriate. (b) Disclosure of confidential business information contained in advance notifications. Information contained in advance notifications of exports and imports of Schedule 1 chemicals is not subject to the confidential business information provisions of the Act. Disclosure of such information will be in accordance with the provisions of the relevant statutory and regulatory authorities as follows: (1) Exports of Schedule 1 chemicals. Confidentiality of all information contained in these advance notifications will be maintained consistent with the non-disclosure provisions of the Export Administration Regulations (15 CFR parts 730 through 774), the International Traffic in Arms Regulations (22 CFR parts 120 through 130), and applicable exemptions under the Freedom of Information Act, as appropriate; and (2) Imports of Schedule 1 chemicals. Confidentiality of information contained in these advance notifications will be maintained pursuant to applicable exemptions under the Freedom of Information Act. (c) Disclosure of confidential business information pursuant to § 404(b) of the Act —(1) Disclosure to the Organization for the Prohibition of Chemical Weapons (OPCW). (i) As provided by Section 404(b)(1) of the Act, the U.S. Government will disclose or otherwise provide confidential business information to the Technical Secretariat of the OPCW or to other States Parties to the Convention, in accordance with provisions of the Convention, particularly with the provisions of the Annex on the Protection of Confidential Information (Confidentiality Annex). (ii) Convention provisions. (A) The Convention provides that States Parties may designate information s… | |||||
| 20:20:4.0.2.2.6.1.74.1 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | A | Subpart A—General | § 718.1 Statutory provisions. | DOL | [78 FR 59114, Sept. 25, 2013] | Section 402(f) of the Act authorizes the Secretary of Labor to establish criteria for determining total disability or death due to pneumoconiosis to be applied in the processing and adjudication of claims filed under Part C of the Act. Section 402(f) further authorizes the Secretary of Labor, in consultation with the National Institute for Occupational Safety and Health, to establish criteria for all appropriate medical tests administered in connection with a claim for benefits. Section 413(b) of the Act authorizes the Secretary of Labor to establish criteria for the techniques used to take chest roentgenograms (x-rays) in connection with a claim for benefits under the Act. | |||
| 20:20:4.0.2.2.6.1.74.2 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | A | Subpart A—General | § 718.2 Applicability of this part. | DOL | [78 FR 59114, Sept. 25, 2013] | (a) With the exception of the second sentence of § 718.204(a), this part is applicable to the adjudication of all claims filed on or after June 30, 1982 under Part C of the Act. It provides standards for establishing entitlement to benefits under the Act and describes the criteria for the development of medical evidence used in establishing such entitlement. The second sentence of § 718.204(a) is applicable to the adjudication of all claims filed after January 19, 2001. (b) Publication of certain provisions or parts of certain provisions that apply only to claims filed prior to June 30, 1982, or to claims subject to Section 435 of the Act, has been discontinued because those provisions affect an increasingly smaller number of claims. The version of Part 718 set forth in 20 CFR, parts 500 to end, edition revised as of April 1, 2010, applies to the adjudication of all claims filed prior to June 30, 1982, as appropriate. (c) The provisions of this part must, to the extent appropriate, be construed together in the adjudication of claims. | |||
| 20:20:4.0.2.2.6.1.74.3 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | A | Subpart A—General | § 718.3 Scope and intent of this part. | DOL | [65 FR 80045, Dec. 20, 2000, as amended at 78 FR 59114, Sept. 25, 2013] | (a) This part sets forth the standards to be applied in determining whether a coal miner is or was totally disabled due to pneumoconiosis or died due to pneumoconiosis. It also specifies the procedures and requirements to be followed in conducting medical examinations and in administering various tests relevant to such determinations. (b) This part is designed to interpret the presumptions contained in section 411(c) of the Act, evidentiary standards and criteria contained in section 413(b) of the Act and definitional requirements and standards contained in section 402(f) of the Act within a coherent framework for the adjudication of claims. It is intended that these enumerated provisions of the Act be construed as provided in this part. | |||
| 20:20:4.0.2.2.6.1.74.4 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | A | Subpart A—General | § 718.4 Definitions and use of terms. | DOL | Except as is otherwise provided by this part, the definitions and usages of terms contained in § 725.101 of subpart A of part 725 of this title shall be applicable to this part. | ||||
| 20:20:4.0.2.2.6.1.74.5 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | A | Subpart A—General | § 718.5 Incorporations by reference. | DOL | [79 FR 21611, Apr. 17, 2014] | (a) The materials listed in paragraphs (b) through (f) of this section are incorporated by reference in this part. The Director of the Federal Register has approved these incorporations by reference under 5 U.S.C. 522(a) and 1 CFR part 51. To enforce any edition other than that specified in these regulations, OWCP must publish notice of change in the Federal Register. All approved material is available from the sources listed below. You may inspect a copy of the approved material at the Division of Coal Mine Workers' Compensation, OWCP, U.S. Department of Labor, Washington, DC. To arrange for an inspection at OWCP, call 202-693-0046. These materials are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federalregister/codeoffederalregulations/ibrlocations.html. (b) American Association of Physicists in Medicine, Order Department, Medical Physics Publishing, 4513 Vernon Blvd., Madison, WI 53705, http://www.aapm.org/pubs/reports: (1) AAPM On-Line Report No. 03, Assessment of Display Performance for Medical Imaging Systems, April 2005, IBR approved for Appendix A to part 718, paragraph (d). (2) AAPM Report No. 93, Acceptance Testing and Quality Control of Photostimulable Storage Phosphor Imaging Systems, October 2006, IBR approved for Appendix A to part 718, paragraph (d). (c) American College of Radiology, 1891 Preston White Dr., Reston, VA 20191, http://www.acr.org/∼/media/ACR/Documents/PGTS/guidelines/Reference_Levels.pdf: (1) ACR Practice Guideline for Diagnostic Reference Levels in Medical X-Ray Imaging, Revised 2008 (Resolution 3), IBR approved for Appendix A to part 718, paragraph (d). (2) [Reserved] (d) International Labour Office, CH-1211 Geneva 22, Switzerland, http://www.ilo.org/publns: (1) Occupational Safety and Health Series No. 22, Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses, Revised ed… | |||
| 20:20:4.0.2.2.6.2.74.1 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | B | Subpart B—Criteria for the Development of Medical Evidence | § 718.101 General. | DOL | [65 FR 80045, Dec. 20, 2000, as amended at 78 FR 35555, June 13, 2013; 79 FR 21611, Apr. 17, 2014] | (a) The Office of Workers' Compensation Programs (hereinafter OWCP or the Office) must develop the medical evidence necessary to determine each claimant's entitlement to benefits. Each miner who files a claim for benefits under the Act must be provided an opportunity to substantiate his or her claim by means of a complete pulmonary evaluation including, but not limited to, a chest radiograph (X-ray), physical examination, pulmonary function tests, and a blood-gas study. (b) The standards for the administration of clinical tests and examinations contained in this subpart shall apply to all evidence developed by any party after January 19, 2001 in connection with a claim governed by this part (see §§ 725.406(b), 725.414(a), 725.456(d)). These standards shall also apply to claims governed by part 727 (see 20 CFR 725.4(d)), but only for clinical tests or examinations conducted after January 19, 2001. Any clinical test or examination subject to these standards shall be in substantial compliance with the applicable standard in order to constitute evidence of the fact for which it is proffered. Unless otherwise provided, any evidence which is not in substantial compliance with the applicable standard is insufficient to establish the fact for which it is proffered. | |||
| 20:20:4.0.2.2.6.2.74.2 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | B | Subpart B—Criteria for the Development of Medical Evidence | § 718.102 Chest radiographs (X-rays). | DOL | [79 FR 21612, Apr. 17, 2014] | (a) A chest radiograph (X-ray) must be of suitable quality for proper classification of pneumoconiosis and must conform to the standards for administration and interpretation of chest X-rays as described in Appendix A. (b) Chest X-rays may be produced by either film or digital radiography systems as defined in Appendix A to this part. (c) The images described in paragraphs (c)(1) and (2) of this section will not be considered of suitable quality for proper classification of pneumoconiosis under this section: (1) Digital images derived from film screen chest X-rays (e.g., by scanning or digital photography); and (2) Images that were acquired using digital systems and then printed on transparencies for back-lighted display (e.g., using traditional view boxes). (d) Standards for classifying radiographs: (1) To establish the existence of pneumoconiosis, a film chest X-ray must be classified as Category 1, 2, 3, A, B, or C, in accordance with the International Labour Organization (ILO) classification system established in one of the following: (i) Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses, revised edition 2011 (incorporated by reference, see § 718.5). (ii) Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses, revised edition 2000 (incorporated by reference, see § 718.5). (iii) Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses, revised edition 1980 (incorporated by reference, see § 718.5). (2) To establish the existence of pneumoconiosis, a digital chest radiograph must be classified as Category 1, 2, 3, A, B, or C, in accordance with the ILO classification system established in Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses, revised edition 2011. (3) A chest radiograph classified under any of the foregoing ILO classification systems as Category 0, including subcategories 0-, 0/0, or 0/1, does not constitute evidence … | |||
| 20:20:4.0.2.2.6.2.74.3 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | B | Subpart B—Criteria for the Development of Medical Evidence | § 718.103 Pulmonary function tests. | DOL | (a) Any report of pulmonary function tests submitted in connection with a claim for benefits shall record the results of flow versus volume (flow-volume loop). The instrument shall simultaneously provide records of volume versus time (spirometric tracing). The report shall provide the results of the forced expiratory volume in one second (FEV1) and the forced vital capacity (FVC). The report shall also provide the FEV1/FVC ratio, expressed as a percentage. If the maximum voluntary ventilation (MVV) is reported, the results of such test shall be obtained independently rather than calculated from the results of the FEV1. (b) All pulmonary function test results submitted in connection with a claim for benefits shall be accompanied by three tracings of the flow versus volume and the electronically derived volume versus time tracings. If the MVV is reported, two tracings of the MVV whose values are within 10% of each other shall be sufficient. Pulmonary function test results developed in connection with a claim for benefits shall also include a statement signed by the physician or technician conducting the test setting forth the following: (1) Date and time of test; (2) Name, DOL claim number, age, height, and weight of claimant at the time of the test; (3) Name of technician; (4) Name and signature of physician supervising the test; (5) Claimant's ability to understand the instructions, ability to follow directions and degree of cooperation in performing the tests. If the claimant is unable to complete the test, the person executing the report shall set forth the reasons for such failure; (6) Paper speed of the instrument used; (7) Name of the instrument used; (8) Whether a bronchodilator was administered. If a bronchodilator is administered, the physician's report must detail values obtained both before and after administration of the bronchodilator and explain the significance of the results obtained; and (9) That the requirements of paragraphs (b) and (c) of this section have been complied with. (c) Exc… | ||||
| 20:20:4.0.2.2.6.2.74.4 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | B | Subpart B—Criteria for the Development of Medical Evidence | § 718.104 Report of physical examinations. | DOL | (a) A report of any physical examination conducted in connection with a claim shall be prepared on a medical report form supplied by the Office or in a manner containing substantially the same information. Any such report shall include the following information and test results: (1) The miner's medical and employment history; (2) All manifestations of chronic respiratory disease; (3) Any pertinent findings not specifically listed on the form; (4) If heart disease secondary to lung disease is found, all symptoms and significant findings; (5) The results of a chest X-ray conducted and interpreted as required by § 718.102; and (6) The results of a pulmonary function test conducted and reported as required by § 718.103. If the miner is physically unable to perform a pulmonary function test or if the test is medically contraindicated, in the absence of evidence establishing total disability pursuant to § 718.304, the report must be based on other medically acceptable clinical and laboratory diagnostic techniques, such as a blood gas study. (b) In addition to the requirements of paragraph (a), a report of physical examination may be based on any other procedures such as electrocardiogram, blood-gas studies conducted and reported as required by § 718.105, and other blood analyses which, in the physician's opinion, aid in his or her evaluation of the miner. (c) In the case of a deceased miner, where no report is in substantial compliance with paragraphs (a) and (b), a report prepared by a physician who is unavailable may nevertheless form the basis for a finding if, in the opinion of the adjudication officer, it is accompanied by sufficient indicia of reliability in light of all relevant evidence. (d) Treating physician. In weighing the medical evidence of record relevant to whether the miner suffers, or suffered, from pneumoconiosis, whether the pneumoconiosis arose out of coal mine employment, and whether the miner is, or was, totally disabled by pneumoconiosis or died due to pneumoconiosis, the adjudication… | ||||
| 20:20:4.0.2.2.6.2.74.5 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | B | Subpart B—Criteria for the Development of Medical Evidence | § 718.105 Arterial blood-gas studies. | DOL | (a) Blood-gas studies are performed to detect an impairment in the process of alveolar gas exchange. This defect will manifest itself primarily as a fall in arterial oxygen tension either at rest or during exercise. No blood-gas study shall be performed if medically contraindicated. (b) A blood-gas study shall initially be administered at rest and in a sitting position. If the results of the blood-gas test at rest do not satisfy the requirements of Appendix C to this part, an exercise blood-gas test shall be offered to the miner unless medically contraindicated. If an exercise blood-gas test is administered, blood shall be drawn during exercise. (c) Any report of a blood-gas study submitted in connection with a claim shall specify: (1) Date and time of test; (2) Altitude and barometric pressure at which the test was conducted; (3) Name and DOL claim number of the claimant; (4) Name of technician; (5) Name and signature of physician supervising the study; (6) The recorded values for PC02, P02, and PH, which have been collected simultaneously (specify values at rest and, if performed, during exercise); (7) Duration and type of exercise; (8) Pulse rate at the time the blood sample was drawn; (9) Time between drawing of sample and analysis of sample; and (10) Whether equipment was calibrated before and after each test. (d) If one or more blood-gas studies producing results which meet the appropriate table in Appendix C is administered during a hospitalization which ends in the miner's death, then any such study must be accompanied by a physician's report establishing that the test results were produced by a chronic respiratory or pulmonary condition. Failure to produce such a report will prevent reliance on the blood-gas study as evidence that the miner was totally disabled at death. (e) In the case of a deceased miner, where no blood gas tests are in substantial compliance with paragraphs (a), (b), and (c), noncomplying tests may form the basis for a finding if, in the opinion of the adjudication office… | ||||
| 20:20:4.0.2.2.6.2.74.6 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | B | Subpart B—Criteria for the Development of Medical Evidence | § 718.106 Autopsy; biopsy. | DOL | (a) A report of an autopsy or biopsy submitted in connection with a claim shall include a detailed gross macroscopic and microscopic description of the lungs or visualized portion of a lung. If a surgical procedure has been performed to obtain a portion of a lung, the evidence shall include a copy of the surgical note and the pathology report of the gross and microscopic examination of the surgical specimen. If an autopsy has been performed, a complete copy of the autopsy report shall be submitted to the Office. (b) In the case of a miner who died prior to March 31, 1980, an autopsy or biopsy report shall be considered even when the report does not substantially comply with the requirements of this section. A noncomplying report concerning a miner who died prior to March 31, 1980, shall be accorded the appropriate weight in light of all relevant evidence. (c) A negative biopsy is not conclusive evidence that the miner does not have pneumoconiosis. However, where positive findings are obtained on biopsy, the results will constitute evidence of the presence of pneumoconiosis. | ||||
| 20:20:4.0.2.2.6.2.74.7 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | B | Subpart B—Criteria for the Development of Medical Evidence | § 718.107 Other medical evidence. | DOL | (a) The results of any medically acceptable test or procedure reported by a physician and not addressed in this subpart, which tends to demonstrate the presence or absence of pneumoconiosis, the sequelae of pneumoconiosis or a respiratory or pulmonary impairment, may be submitted in connection with a claim and shall be given appropriate consideration. (b) The party submitting the test or procedure pursuant to this section bears the burden to demonstrate that the test or procedure is medically acceptable and relevant to establishing or refuting a claimant's entitlement to benefits. | ||||
| 20:20:4.0.2.2.6.3.74.1 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | C | Subpart C—Determining Entitlement to Benefits | § 718.201 Definition of pneumoconiosis. | DOL | (a) For the purpose of the Act, “pneumoconiosis” means a chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment. This definition includes both medical, or “clinical”, pneumoconiosis and statutory, or “legal”, pneumoconiosis. (1) Clinical Pneumoconiosis. “Clinical pneumoconiosis” consists of those diseases recognized by the medical community as pneumoconioses, i.e., the conditions characterized by permanent deposition of substantial amounts of particulate matter in the lungs and the fibrotic reaction of the lung tissue to that deposition caused by dust exposure in coal mine employment. This definition includes, but is not limited to, coal workers' pneumoconiosis, anthracosilicosis, anthracosis, anthrosilicosis, massive pulmonary fibrosis, silicosis or silicotuberculosis, arising out of coal mine employment. (2) Legal Pneumoconiosis. “Legal pneumoconiosis” includes any chronic lung disease or impairment and its sequelae arising out of coal mine employment. This definition includes, but is not limited to, any chronic restrictive or obstructive pulmonary disease arising out of coal mine employment. (b) For purposes of this section, a disease “arising out of coal mine employment” includes any chronic pulmonary disease or respiratory or pulmonary impairment significantly related to, or substantially aggravated by, dust exposure in coal mine employment. (c) For purposes of this definition, “pneumoconiosis” is recognized as a latent and progressive disease which may first become detectable only after the cessation of coal mine dust exposure. | ||||
| 20:20:4.0.2.2.6.3.74.2 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | C | Subpart C—Determining Entitlement to Benefits | § 718.202 Determining the existence of pneumoconiosis. | DOL | [79 FR 21612, Apr. 17, 2014] | (a) A finding of the existence of pneumoconiosis may be made as follows in paragraphs (a)(1) through (4) of this section: (1) A chest X-ray conducted and classified in accordance with § 718.102 may form the basis for a finding of the existence of pneumoconiosis. Except as otherwise provided in this section, where two or more X-ray reports are in conflict, in evaluating such X-ray reports consideration must be given to the radiological qualifications of the physicians interpreting such X-rays ( see § 718.102(d)). (2) A biopsy or autopsy conducted and reported in compliance with § 718.106 may be the basis for a finding of the existence of pneumoconiosis. A finding in an autopsy or biopsy of anthracotic pigmentation, however, must not be considered sufficient, by itself, to establish the existence of pneumoconiosis. A report of autopsy must be accepted unless there is evidence that the report is not accurate or that the claim has been fraudulently represented. (3) If the presumptions described in § 718.304 or § 718.305 are applicable, it must be presumed that the miner is or was suffering from pneumoconiosis. (4) A determination of the existence of pneumoconiosis may also be made if a physician, exercising sound medical judgment, notwithstanding a negative X-ray, finds that the miner suffers or suffered from pneumoconiosis as defined in § 718.201. Any such finding must be based on objective medical evidence such as blood-gas studies, electrocardiograms, pulmonary function studies, physical performance tests, physical examination, and medical and work histories. Such a finding must be supported by a reasoned medical opinion. (b) A claim for benefits must not be denied solely on the basis of a negative chest X-ray. (c) A determination of the existence of pneumoconiosis must not be made— (1) Solely on the basis of a living miner's statements or testimony; or (2) In a claim involving a deceased miner, solely on the basis of the affidavit(s) (or equivalent testimony) of the claimant and/or his or her dependents … | |||
| 20:20:4.0.2.2.6.3.74.3 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | C | Subpart C—Determining Entitlement to Benefits | § 718.203 Establishing relationship of pneumoconiosis to coal mine employment. | DOL | (a) In order for a claimant to be found eligible for benefits under the Act, it must be determined that the miner's pneumoconiosis arose at least in part out of coal mine employment. The provisions in this section set forth the criteria to be applied in making such a determination. (b) If a miner who is suffering or suffered from pneumoconiosis was employed for ten years or more in one or more coal mines, there shall be a rebuttable presumption that the pneumoconiosis arose out of such employment. (c) If a miner who is suffering or suffered from pneumoconiosis was employed less than ten years in the nation's coal mines, it shall be determined that such pneumoconiosis arose out of that employment only if competent evidence establishes such a relationship. | ||||
| 20:20:4.0.2.2.6.3.74.4 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | C | Subpart C—Determining Entitlement to Benefits | § 718.204 Total disability and disability causation defined; criteria for determining total disability and total disability due to pneumoconiosis. | DOL | (a) General. Benefits are provided under the Act for or on behalf of miners who are totally disabled due to pneumoconiosis, or who were totally disabled due to pneumoconiosis at the time of death. For purposes of this section, any nonpulmonary or nonrespiratory condition or disease, which causes an independent disability unrelated to the miner's pulmonary or respiratory disability, shall not be considered in determining whether a miner is totally disabled due to pneumoconiosis. If, however, a nonpulmonary or nonrespiratory condition or disease causes a chronic respiratory or pulmonary impairment, that condition or disease shall be considered in determining whether the miner is or was totally disabled due to pneumoconiosis. (b)(1) Total disability defined. A miner shall be considered totally disabled if the irrebuttable presumption described in § 718.304 applies. If that presumption does not apply, a miner shall be considered totally disabled if the miner has a pulmonary or respiratory impairment which, standing alone, prevents or prevented the miner: (i) From performing his or her usual coal mine work; and (ii) From engaging in gainful employment in the immediate area of his or her residence requiring the skills or abilities comparable to those of any employment in a mine or mines in which he or she previously engaged with some regularity over a substantial period of time. (2) Medical criteria. In the absence of contrary probative evidence, evidence which meets the standards of either paragraphs (b)(2)(i), (ii), (iii), or (iv) of this section shall establish a miner's total disability: (i) Pulmonary function tests showing values equal to or less than those listed in Table B1 (Males) or Table B2 (Females) in Appendix B to this part for an individual of the miner's age, sex, and height for the FEV1 test; if, in addition, such tests also reveal the values specified in either paragraph (b)(2)(i)(A) or (B) or (C) of this section: (A) Values equal to or less than those listed in Table B3 (Males) or Table B4… | ||||
| 20:20:4.0.2.2.6.3.74.5 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | C | Subpart C—Determining Entitlement to Benefits | § 718.205 Death due to pneumoconiosis. | DOL | [78 FR 59114, Sept. 25, 2013] | (a) Benefits are provided to eligible survivors of a miner whose death was due to pneumoconiosis. In order to receive benefits based on a showing of death due to pneumoconiosis, a claimant must prove that: (1) The miner had pneumoconiosis ( see § 718.202); (2) The miner's pneumoconiosis arose out of coal mine employment ( see § 718.203); and (3) The miner's death was due to pneumoconiosis as provided by this section. (b) Death will be considered to be due to pneumoconiosis if any of the following criteria is met: (1) Where competent medical evidence establishes that pneumoconiosis was the cause of the miner's death, or (2) Where pneumoconiosis was a substantially contributing cause or factor leading to the miner's death or where the death was caused by complications of pneumoconiosis, or (3) Where the presumption set forth at § 718.304 is applicable, or (4) For survivors' claims filed after January 1, 2005, and pending on or after March 23, 2010, where the presumption at § 718.305 is invoked and not rebutted. (5) However, except where the § 718.304 presumption is invoked, survivors are not eligible for benefits where the miner's death was caused by a traumatic injury (including suicide) or the principal cause of death was a medical condition not related to pneumoconiosis, unless the claimant establishes (by proof or presumption) that pneumoconiosis was a substantially contributing cause of death. (6) Pneumoconiosis is a “substantially contributing cause” of a miner's death if it hastens the miner's death. | |||
| 20:20:4.0.2.2.6.3.74.6 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | C | Subpart C—Determining Entitlement to Benefits | § 718.206 Effect of findings by persons or agencies. | DOL | Decisions, statements, reports, opinions, or the like, of agencies, organizations, physicians or other individuals, about the existence, cause, and extent of a miner's disability, or the cause of a miner's death, are admissible. If properly submitted, such evidence shall be considered and given the weight to which it is entitled as evidence under all the facts before the adjudication officer in the claim. | ||||
| 20:20:4.0.2.2.6.4.74.1 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | D | Subpart D—Presumptions Applicable to Eligibility Determinations | § 718.301 Establishing length of employment as a miner. | DOL | [78 FR 59114, Sept. 25, 2013] | The presumptions set forth in §§ 718.302 and 718.305 apply only if a miner worked in one or more coal mines for the number of years required to invoke the presumption. The length of the miner's coal mine work history must be computed as provided by 20 CFR 725.101(a)(32). | |||
| 20:20:4.0.2.2.6.4.74.2 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | D | Subpart D—Presumptions Applicable to Eligibility Determinations | § 718.302 Relationship of pneumoconiosis to coal mine employment. | DOL | If a miner who is suffering or suffered from pneumoconiosis was employed for ten years or more in one or more coal mines, there shall be a rebuttable presumption that the pneumoconiosis arose out of such employment. (See § 718.203.) | ||||
| 20:20:4.0.2.2.6.4.74.3 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | D | Subpart D—Presumptions Applicable to Eligibility Determinations | § 718.303 [Reserved] | DOL | |||||
| 20:20:4.0.2.2.6.4.74.4 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | D | Subpart D—Presumptions Applicable to Eligibility Determinations | § 718.304 Irrebuttable presumption of total disability or death due to pneumoconiosis. | DOL | [79 FR 21613, Apr. 17, 2014] | There is an irrebuttable presumption that a miner is totally disabled due to pneumoconiosis, that a miner's death was due to pneumoconiosis or that a miner was totally disabled due to pneumoconiosis at the time of death, if such miner is suffering or suffered from a chronic dust disease of the lung which: (a) When diagnosed by chest X-ray ( see § 718.202 concerning the standards for X-rays and the effect of interpretations of X-rays by physicians) yields one or more large opacities (greater than one centimeter in diameter) and would be classified in Category A, B, or C in accordance with the classification system established in Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses as provided in § 718.102(d); or (b) When diagnosed by biopsy or autopsy, yields massive lesions in the lung; or (c) When diagnosed by means other than those specified in paragraphs (a) and (b) of this section, would be a condition which could reasonably be expected to yield the results described in paragraph (a) or (b) of this section had diagnosis been made as therein described: Provided, however, that any diagnosis made under this paragraph must accord with acceptable medical procedures. | |||
| 20:20:4.0.2.2.6.4.74.5 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | D | Subpart D—Presumptions Applicable to Eligibility Determinations | § 718.305 Presumption of pneumoconiosis. | DOL | [78 FR 59114, Sept. 25, 2013] | (a) Applicability. This section applies to all claims filed after January 1, 2005, and pending on or after March 23, 2010. (b) Invocation. (1) The claimant may invoke the presumption by establishing that— (i) The miner engaged in coal-mine employment for fifteen years, either in one or more underground coal mines, or in coal mines other than underground mines in conditions substantially similar to those in underground mines, or in any combination thereof; and (ii) The miner or survivor cannot establish entitlement under § 718.304 by means of chest x-ray evidence; and (iii) The miner has, or had at the time of his death, a totally disabling respiratory or pulmonary impairment established pursuant to § 718.204, except that § 718.204(d) does not apply. (2) The conditions in a mine other than an underground mine will be considered “substantially similar” to those in an underground mine if the claimant demonstrates that the miner was regularly exposed to coal-mine dust while working there. (3) In a claim involving a living miner, a miner's affidavit or testimony, or a spouse's affidavit or testimony, may not be used by itself to establish the existence of a totally disabling respiratory or pulmonary impairment. (4) In the case of a deceased miner, affidavits (or equivalent sworn testimony) from persons knowledgeable of the miner's physical condition must be considered sufficient to establish total disability due to a respiratory or pulmonary impairment if no medical or other relevant evidence exists which addresses the miner's pulmonary or respiratory condition; however, such a determination must not be based solely upon the affidavits or testimony of any person who would be eligible for benefits (including augmented benefits) if the claim were approved. (c) Facts presumed. Once invoked, there will be rebuttable presumption— (1) In a miner's claim, that the miner is totally disabled due to pneumoconiosis, or was totally disabled due to pneumoconiosis at the time of death; or (2) In a survivor's claim, … | |||
| 20:20:4.0.2.2.6.4.74.6 | 20 | Employees' Benefits | VI | B | 718 | PART 718—STANDARDS FOR DETERMINING COAL MINERS' TOTAL DISABILITY OR DEATH DUE TO PNEUMOCONIOSIS | D | Subpart D—Presumptions Applicable to Eligibility Determinations | § 718.306 [Reserved] | DOL | |||||
| 7:7:7.1.1.2.6.1.1.1 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.1 Applicability. | FSA | [72 FR 63284, Nov. 8, 2007, as amended at 80 FR 41994, July 16, 2015] | (a) This part is applicable to all programs specified in chapters VII and XIV of this title that are administered by the Farm Service Agency (FSA) and to any other programs that adopt this part by reference. This part governs how FSA administers marketing quotas, allotments, base acres, and acreage reports for those programs to which this part applies. The regulations to which this part applies are those that establish procedures for measuring allotments and program eligible acreage, for determining program compliance, farm reconstitutions, application of finality, and equitable relief from compliance or ineligibility. (b) For all programs, except for those administered under parts 761 through 774 of this chapter: (1) The provisions of this part will be administered under the general supervision of the Administrator, FSA, and carried out in the field by State and county FSA committees (State and county committees); (2) State and county committees, and representatives and employees thereof, do not have authority to modify or waive any regulations in this part; (3) No provisions or delegation herein to a State or county committee will preclude the Administrator, FSA, or a designee, from determining any question arising under the program or from reversing or modifying any determination made by a State or county committee; (4) The Deputy Administrator, FSA, may authorize State and county committees to waive or modify deadlines and other requirements in cases where lateness or failure to meet such other requirements does not adversely affect the operation of the program. (c) The programs under parts 761 through 774 will be administered according to the part, or parts, applicable to the specific program. | |||
| 7:7:7.1.1.2.6.1.1.10 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.10 Time limitations. | FSA | Whenever the final date prescribed in any of the regulations in this title for the performance of any act falls on a Saturday, Sunday, national holiday, State holiday on which the office of the county or State Farm Service Agency committee having primary cognizance of the action required to be taken is closed, or any other day on which the cognizant office is not open for the transaction of business during normal working hours, the time for taking required action shall be extended to the close of business on the next working day. Or in case the action required to be taken may be performed by mailing, the action shall be considered to be taken within the prescribed period if the mailing is postmarked by midnight of such next working day. Where the action required to be taken is with a prescribed number of days after the mailing of notice, the day of mailing shall be excluded in computing such period of time. | ||||
| 7:7:7.1.1.2.6.1.1.11 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.11 Disqualification due to Federal crop insurance violation. | FSA | [72 FR 63284, Nov. 8, 2007] | (a) Section 515(h) of the Federal Crop Insurance Act (FCIA) provides that a person who willfully and intentionally provides false or inaccurate information to the Federal Crop Insurance Corporation (FCIC) or to an approved insurance provider with respect to a policy or plan of FCIC insurance, after notice and an opportunity for a hearing on the record, will be subject to one or more of the sanctions described in section 515(h)(3). In section 515(h)(3), the FCIA specifies that in the case of a violation committed by a producer, the producer may be disqualified for a period of up to 5 years from receiving any monetary or non-monetary benefit under a number of programs. The list includes, but is not limited to, benefits under: (1) The FCIA. (2) The Agricultural Market Transition Act (7 U.S.C. 7201 et seq. ), including the Noninsured Crop Disaster Assistance Program under section 196 of that Act (7 U.S.C. 7333). (3) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq. ). (4) The Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq. ). (5) The Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq. ). (6) Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq. ). (7) The Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq. ). (8) Any law that provides assistance to a producer of an agricultural commodity affected by a crop loss or a decline in prices of agricultural commodities. (b) Violation determinations are made by FCIC. However, upon notice from FCIC to FSA that a producer has been found to have committed a violation to which paragraph (a) of this section applies, that person will be ineligible for payments under the programs specified in paragraph (a) of this section that are funded by FSA for the same period of time for which, as determined by FCIC, the producer will be ineligible for crop insurance benefits of the kind referred to in paragraph (a)(1) of this section. Appeals of the determination of ineligibility will be administered under the rules set by FCI… | |||
| 7:7:7.1.1.2.6.1.1.2 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.2 Definitions. | FSA | [68 FR 16172, Apr. 3, 2003; 69 FR 250, Jan. 5, 2004, as amended at 79 FR 74571, Dec. 15, 2014; 80 FR 41994, July 16, 2015; 84 FR 45886, Sept. 3, 2019; 91 FR 1053, Jan. 12, 2026] | Except as provided in individual parts of chapters VII and XIV of this title, the following terms shall be as defined herein: Administrative county means the FSA-determined county of record for systematic control and administration under programs relying on such a determination. Administrative variance (AV) means the amount by which the determined acreage of tobacco may exceed the effective allotment and be considered in compliance with program regulations. Allotment means an acreage for a commodity allocated to a farm in accordance with the Agricultural Adjustment Act of 1938, as amended. Allotment crop means any tobacco crop for which acreage allotments are established pursuant to part 723 of this chapter. Barley means barley that follows the standard planting and harvesting practice of barley for the area in which the barley is grown. Base acres means, with respect to a covered commodity on a farm, the number of acres in effect on September 30, 2013, as defined in the regulations in part 1412, subpart B, of this title that were in effect on that date, subject to any reallocation, adjustment, or reduction. The term “base acres” includes any generic base acres as specified in part 1412 planted to a covered commodity as specified in part 1412. Beginning farmer or rancher means a person or legal entity (for legal entities to be considered a beginning farmer or rancher, at least 50 percent of the interest must be beginning farmers or ranchers) for which both of the following are true for the farmer or rancher: (1) Has not operated a farm or ranch for more than 10 years; and (2) Materially and substantially participates in the operation. CCC means the Commodity Credit Corporation. Combination means consolidation of two or more farms or parts of farms, having the same operator, into one farm. Common land unit means the smallest unit of land that has an identifiable border located in one physical location (county), as defined in this part, and all of the following in common: (1) Owner; (2) Mana… | |||
| 7:7:7.1.1.2.6.1.1.3 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.3 State committee responsibilities. | FSA | [61 FR 37552, July 18, 1996, as amended at 80 FR 41994, July 16, 2015] | (a) The State committee shall, with respect to county committees: (1) Take any action required of the county committee, which the county committee fails to take in accordance with this part; (2) Correct or require the county committee to correct any action taken by such committee, which is not in accordance with this part; or (3) Require the county committee to withhold taking any action which is not in accordance with this part. (b) The State committee shall submit to the Deputy Administrator requests to deviate from deductions prescribed in § 718.109, or the error amount or percentage for refunds of redetermination costs as prescribed in § 718.112. | |||
| 7:7:7.1.1.2.6.1.1.4 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.4 Authority for farm entry and providing information. | FSA | [68 FR 16172, Apr. 3, 2003, as amended at 84 FR 45886, Sept. 3, 2019] | (a) This section applies to all farms that have a tobacco allotment or quota under part 723 of this chapter and all farms that are currently participating in programs administered by FSA. (b) A representative of FSA may enter any farm that participates in an FSA or CCC program in order to conduct a farm inspection as defined in this part. A program participant may request that the FSA representative present written authorization for the farm inspection before granting access to the farm. If a farm inspection is not allowed within 30 days of written authorization: (1) All FSA and CCC program benefits for that farm shall be denied; (2) The person preventing the farm inspection shall pay all costs associated with the farm inspection; (3) The entire crop production on the farm will be considered to be in excess of the quota established for the farm; and (4) For tobacco, the farm operator must furnish proof of disposition of: (i) All tobacco which is in addition to the production shown on the marketing card issued with respect to such farm; and (ii) No credit will be given for disposing of excess tobacco other than that identified by a marketing card unless disposed of in the presence of FSA in accordance with § 718.109 of this part. (c) If a program participant refuses to furnish reports or data necessary to determine benefits in accordance with paragraph (a) of this section, or FSA determines that the report or data was erroneously provided through the lack of good faith, all program benefits relating to the report or data requested will be denied. (d) Program participants requesting program benefits as a beginning farmer or rancher, limited resource farmer or rancher, socially disadvantaged farmer or rancher, or veteran farmer or rancher must provide a certification of their status as a member of one of those groups as required by the applicable program provisions. | |||
| 7:7:7.1.1.2.6.1.1.5 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.5 Rule of fractions. | FSA | (a) Fractions shall be rounded after completion of the entire associated computation. All mathematical calculations shall be carried to two decimal places beyond the number of decimal places required by the regulations governing each program. In rounding, fractional digits of 49 or less beyond the required number of decimal places shall be dropped; if the fractional digits beyond the required number of decimal places are 50 or more, the figure at the last required decimal place shall be increased by “1” as follows: (b) The acreage of each field or subdivision computed for tobacco and CCC disaster assistance programs shall be recorded in acres and hundredths of an acre, dropping all thousandths of an acre. The acreage of each field or subdivision computed for crops, except tobacco, shall be recorded in acres and tenths of an acre, rounding all hundredths of an acre to the nearest tenth. | ||||
| 7:7:7.1.1.2.6.1.1.6 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.6 Controlled substance. | FSA | [72 FR 63284, Nov. 8, 2007, as amended at 84 FR 45886, Sept. 3, 2019] | (a) The following terms apply to this section: (1) USDA benefit means the issuance of any grant, contract, loan, or payment by appropriated funds of the United States. (2) Person means an individual. (b) Notwithstanding any other provision of law, any person convicted under Federal or State law of: (1) Planting, cultivating, growing, producing, harvesting, or storing a controlled substance in any crop year is ineligible during the crop year of conviction and the four succeeding crop years, for any of the following USDA benefits: (i) Any payments or benefits under part 1412 of this title; (ii) Any payments or benefits for losses to crops or livestock covered under disaster programs administered by FSA; (iii) Any price support loan available in accordance with part 1421 of this title; (iv) Any price support made under the Commodity Credit Corporation Charter Act; (v) A farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act or any other Act; (vi) Crop Insurance under the Federal Crop Insurance Act; (vii) A loan made or guaranteed under the Consolidated Farm and Rural Development Act or any other law administered by FSA's Farm Loan Programs. (2) Possession or trafficking of a controlled substance, is ineligible for any or all USDA benefits: (i) At the discretion of the court, (ii) To the extent and for a period of time the court determines. (c) If a person denied benefits under this section is a shareholder, beneficiary, or member of an entity or joint operation, benefits for which the entity or joint operation is eligible will be reduced, for the appropriate period, by a percentage equal to the total interest of the shareholder, beneficiary, or member. | |||
| 7:7:7.1.1.2.6.1.1.7 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.7 Furnishing maps. | FSA | [80 FR 41994, July 16, 2015] | (a) A reasonable number, as determined by FSA, of reproductions of photographs, mosaic maps, and other maps will be made available to the owner of a farm, an insurance company reinsured by the Federal Crop Insurance Corporation (FCIC), or a private party contractor performing official duties on behalf of FSA, CCC, and other USDA agencies. (b) For all others, reproductions will be made available at the rate FSA determines will cover the cost of making such items available. | |||
| 7:7:7.1.1.2.6.1.1.8 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.8 Administrative county and servicing FSA county office. | FSA | [84 FR 45886, Sept. 3, 2019] | (a) FSA farm records are maintained in an administrative county determined by FSA. Generally, a farm's administrative county is based on the physical location county of the farm. If all land on the farm is physically located in one physical location county, the farm's records will be administratively located in that physical location county. (b) In cases where there is no FSA office in the county in which the farm is physically located or where a servicing FSA county office is responsible for more than one administrative county, the farm records will be administratively located as specified in paragraph (a) of this section and with a servicing FSA county office that FSA as designated as responsible for that administrative county. (c) Farm operators and owners can conduct their farm's business in any FSA county office. FSA's designation of a farm's administrative county is based on where land of the farm is located as specified in paragraph (a) of this section or as might be required under paragraph (b) of this section. (d) Farm operators and owners can request a change to their servicing FSA county office and that request may necessitate a change to the farm's administrative county as specified in paragraph (a) or (b) of this section. If the requested servicing FSA county office is not responsible for and does not have an administrative county for the physical location of the farm according to paragraphs (a) or (b) of this section and FSA approves the request for change of servicing FSA county office, FSA will designate the administrative county for the farm from those available in the requested servicing FSA county office. (e) If a county contiguous to the county in which the farm is physically located in the same State does not have a servicing FSA county office, the farm will be administratively located by FSA in a contiguous county in another contiguous State that is convenient to the farm operator and owner. Requests for changes to a farm's servicing FSA county office, which may or may not result in a ch… | |||
| 7:7:7.1.1.2.6.1.1.9 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | A | Subpart A—General Provisions | § 718.9 Signature requirements. | FSA | [68 FR 16172, Apr. 3, 2003; 69 FR 250, Jan. 5, 2004, as amended at 80 FR 41995, July 16, 2015] | (a) When a program authorized by this chapter or chapter XIV of this title requires the signature of a producer, landowner, landlord, or tenant, then a spouse may sign all such FSA or CCC documents on behalf of the other spouse, except as otherwise specified in this section, unless such other spouse has provided written notification to FSA and CCC that such action is not authorized. The notification must be provided to FSA for each farm. (b) A spouse may not sign a document on behalf of the other spouse with respect to: (1) Program document required to be executed in accordance with part 3 of this title; (2) Easements entered into under part 1410 of this title; (3) Power of attorney; (4) Such other program documents as determined by FSA or CCC. (c) An individual; duly authorized officer of a corporation; duly authorized partner of a partnership; executor or administrator of an estate; trustee of a trust; guardian; or conservator may delegate to another the authority to act on their behalf with respect to FSA and CCC programs administered by USDA service center agencies by execution of a Power of Attorney, or such other form as approved by the Deputy Administrator. FSA and CCC may, at their discretion, allow the delegations of authority by other individuals through use of the Power of Attorney or such other form as approved by the Deputy Administrator. (d) Notwithstanding another provision of this regulation or any other FSA or CCC regulation in this title, a parent may execute documents on behalf of a minor child unless prohibited by a statute or court order. (e) Notwithstanding any other provision in this title, an authorized agent of the Bureau of Indian Affairs (BIA) of the United States Department of Interior may sign as agent for landowners with properties affiliated with or under the management or trust of the BIA. For collection purposes, such payments will be considered as being made to the persons who are the beneficiaries of the payment or may, alternatively, be considered as an obligation of al… | |||
| 7:7:7.1.1.2.6.2.1.1 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.101 Measurements. | FSA | [84 FR 45887, Sept. 3, 2019] | (a) Measurement services include, but are not limited to, measuring land and crop areas, measuring quantities of farm-stored commodities, and appraising the yields of crops in the field when required for program administration purposes. The county committee will provide measurement service if the producer requests such service and pays the cost, except that measurement service is not available and will not be provided to determine total acreage or production of a crop when the request is made: (1) For acreage, after the established final reporting date for the applicable crop, unless a late filed report is accepted as provided in § 718.104; or (2) After the farm operator has furnished production evidence when required for program administration purposes except as provided in this subpart. (b) Except for measurements and determinations performed by FSA in accordance with late-filed acreage reports filed in accordance with § 718.104, when a producer requests, pays for, and receives written notice that measurement services have been furnished, the measured acreage is guaranteed to be correct and used for all program purposes for the current year even though an error is later discovered in the measurement. | |||
| 7:7:7.1.1.2.6.2.1.10 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.110 Adjustments. | FSA | (a) The farm operator or other interested producer having excess tobacco acreage (other than flue-cured or burley) may adjust an acreage of the crop in order to avoid a marketing quota penalty if such person: (1) Notifies the county committee of such election within 15 calendar days after the date of mailing of notice of excess acreage by the county committee; and (2) Pays the cost of a farm inspection to determine the adjusted acreage prior to the date the farm visit is made. (b) The farm operator may adjust an acreage of tobacco (except flue-cured and burley) by disposing of such excess tobacco prior to the marketing of any of the same kind of tobacco from the farm. The disposition shall be witnessed by a representative of FSA and may take place before, during, or after the harvesting of the same kind of tobacco grown on the farm. However, no credit will be allowed toward the disposition of excess acreage after the tobacco is harvested but prior to marketing, unless the county committee determines that such tobacco is representative of the entire crop from the farm of the kind of tobacco involved. | ||||
| 7:7:7.1.1.2.6.2.1.11 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.111 Notice of measured acreage. | FSA | [80 FR 41996, July 16, 2015] | (a) FSA will provide notice of measured acreage and mail it to the farm operator. This notice constitutes notice to all parties who have ownership, leasehold interest, or other interest in such farm. (b) [Reserved] | |||
| 7:7:7.1.1.2.6.2.1.12 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.112 Redetermination. | FSA | [68 FR 16176, Apr. 3, 2003, as amended at 80 FR 41996, July 16, 2015] | (a) A redetermination of crop acreage, appraised yield, or farm-stored production for a farm may be initiated by the county committee, State committee, or Deputy Administrator at any time. Redetermination may be requested by a producer with an interest in the farm if the producer pays the cost of the redetermination. The request must be submitted to FSA within 5 calendar days after the initial appraisal of the yield of a crop, or before the farm-stored production is removed from storage. A redetermination will be undertaken in the manner prescribed by the Deputy Administrator. A redetermination will be used in lieu of any prior determination unless it is determined by the representative of the Deputy Administrator that there is good cause not to do so. (b) FSA will refund the payment of the cost for a redetermination when, because of an error in the initial determination: (1) The appraised yield is changed by at least the larger of: (i) Five percent or 5 pounds for cotton; (ii) Five percent or 1 bushel for wheat, barley, oats, and rye; or (iii) Five percent or 2 bushels for corn and grain sorghum; or (2) The farm stored production is changed by at least the smaller of 3 percent or 600 bushels; or (3) The acreage of the crop is: (i) Changed by at least the larger of 3 percent or 0.5 acre; or (ii) Considered to be within program requirements. | |||
| 7:7:7.1.1.2.6.2.1.2 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.102 Acreage reports. | FSA | [68 FR 16176, Apr. 3, 2003, as amended at 71 FR 13741, Mar. 17, 2006; 79 FR 74571, Dec. 15, 2014; 80 FR 41995, July 16, 2015] | (a) In order to be eligible for benefits, participants in the programs specified in paragraphs (b)(1) through (b)(6) of this section must submit accurate information annually as required by these provisions. (b)(1) Participants in programs for which eligibility for benefits is tied to base acres must report the acreage of fruits and vegetables planted for harvest on a farm enrolled in such program; (2) Participants in the programs governed by parts 1421 and 1427 of this title must report the acreage planted to a commodity for harvest for which a marketing assistance loan or loan deficiency payment is requested; (3) Participants in the programs governed by part 1410 of this title must report the intended use of land enrolled in such programs; (4) All participants in the programs governed by part 1437 of this title must report all acreage and intended use of the eligible crop in the country in which the producer has a share; (5) Participants in the programs governed by part 723 of this chapter and part 1464 of this title must report the acreage planted to tobacco by kind on all farms that have an effective allotment or quota greater than zero; (6) All participants in the programs governed by parts 1412, 1421, and 1427 of this title must report the use of all cropland on the farm. (7) All producers reporting acreage as prevented planted acreage or failed acreage must provide documentation that meets the provisions of § 718.103 to the FSA county office where the farm is administered. (c) The annual acreage reports required in paragraph (a) of this section must be filed with the county committee by the farm operator, farm owner, producer of the crop on the farm, or duly authorized representative by the final reporting date applicable to the crop as established by the Deputy Administrator. (d) Participants in programs to which this part is applicable must report all crops, in all counties, in which they have an interest. This includes crops on cropland and noncropland, including native or improved grass that w… | |||
| 7:7:7.1.1.2.6.2.1.3 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.103 Prevented planted and failed acreage. | FSA | [71 FR 13741, Mar. 17, 2006, as amended at 80 FR 41995, July 16, 2015; 84 FR 45887, Sept. 3, 2019] | (a) Prevented planting is the inability to plant an eligible crop with proper equipment during the planting period as a result of an eligible cause of loss, as determined by CCC. The eligible cause of loss that prevented the planting must have: (1) Occurred after a previous planting period for the crop; (2) Occurred before the final planting date for the crop in the applicable crop year or, in the case of multiple plantings, the harvest date of the first planting in the applicable planting period, and (3) Similarly affected other producers in the area, as determined by CCC. (b) FSA may approve acreage as “prevented planted acreage” if all other conditions for such approval are met and provided the conditions in paragraphs (b)(1) through (6) of this section are met. (1) Except as specified in paragraph (b)(2) of this section, producers must report the acreage, on forms specified by FSA, within 15 calendar days after the final planting date determined for the crop by FSA. (2) If the acreage is reported after the period identified in paragraph (b)(1) of this section, the application must be filed in time to permit: (i) The county committee or its authorized representative to make a farm visit to verify eligible disaster conditions that prevented the specified acreage or crop from being planted; or (ii) The county committee or its authorized representative the opportunity to determine, based on visual inspection, that the acreage or crop in question was affected by eligible disaster conditions such as damaging weather or other adverse natural occurrences that prevented the acreage or crop from being planted. (3) A farm visit to inspect the acreage or crop is required for all late-filed acreage reports where prevented planting credit is sought. Under no circumstance may acreage reported after the 15-day period referenced in paragraph (b)(1) of this section be deemed acceptable unless the criteria in paragraph (b)(2) of this section are met. State and county committees do not have the authority to waive the fi… | |||
| 7:7:7.1.1.2.6.2.1.4 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.104 Late-filed and revised acreage reports. | FSA | [71 FR 13742, Mar. 17, 2006, as amended as 80 FR 41996, July 16, 2015; 84 FR 45887, Sept. 3, 2019] | (a) Late-filed acreage reports may be accepted after the final reporting date through the crop's immediately subsequent crop year's final reporting date and processed by FSA if both of the following apply: (1) The crop or identifiable crop residue remains in the field, permitting FSA to verify and determine the acreage and (2) The crop acreage and common land unit for which the reported crop acreage report is being filed has not already been determined by FSA. (b) Acreage reports submitted later than the date specified in paragraph (a) of this section will not be processed by FSA and will not be used for program purposes. (c) The person or legal entity filing a report late must pay the cost of a farm inspection and measurement unless FSA determines that failure to report in a timely manner was beyond the producer's control. The cost of the inspection and measurement is equal to the amount FSA would charge for measurement service; however, FSA's determination of acreage as a result of the inspection and measurement is not considered a paid for measurement service under § 718.101. The acreage measured will be entered as determined acres. (d) When an acceptable late-filed acreage report is filed in accordance with this section, the reported crop acreage will be entered for the amount that was actually reported to FSA before FSA determined acres, and the determined crop acreage will be entered as it was determined and established by FSA. (e) Revised acreage reports may be filed to change the acreage reported if: (1) The acreage has not already been determined by FSA; and (2) Actual crop or residue is present in the field. (f) Revised reports will be filed and accepted: (1) At any time for all crops if the crop or residue still exists in the field for inspection to verify the existence and use made of the crop, the lack of the crop, or a disaster condition affecting the crop; and (2) If the producer was in compliance with all other program requirements at the reporting date. | |||
| 7:7:7.1.1.2.6.2.1.5 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.105 Tolerances and adjustments. | FSA | [68 FR 16176, Apr. 3, 2003, as amended at 80 FR 41996, July 16, 2015; 84 FR 45887, Sept. 3, 2019] | (a) Tolerance is the amount by which the determined acreage for a crop may differ from the reported acreage or allotment for the crop and still be considered in compliance with program requirements under §§ 718.102(b)(1), (b)(3) and (b)(5). (b) Tolerance rules apply to those fields for which a staking and referencing was performed but such acreage was not planted according to those measurements or when a measurement service is not requested for acreage destroyed to meet program requirements. (c) Tolerance rules do not apply to: (1) Program requirements of §§ 718.102(b)(2), (b)(4) and (b)(6); (2) Official fields upon which the entire field is devoted to one crop; (3) Those fields for which staking and referencing was performed and such acreage was planted according to those measurements; or (4) The adjusted acreage for farms using measurement after planting which have a determined acreage greater than the marketing quota crop allotment. (d) If the acreage report for a crop is outside the tolerance for that crop: (1) FSA may consider the requirements of §§ 718.102 (b)(1), (b)(3) and (b)(5) not to have been met; (2) Participants may be ineligible for all or a portion of payments or benefits subject to the requirements of §§ 718.102 (b)(1), (b)(3) and (b)(5); and (3) Participants may be ineligible for all or a portion of payments or benefits under a program that requires accurate crop acreage reports under rules governing the program. | |||
| 7:7:7.1.1.2.6.2.1.6 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.106 Non-compliance and false acreage reports. | FSA | [80 FR 41996, July 16, 2015] | (a) Participants who provide false or inaccurate acreage reports may be ineligible for some or all payments or benefits, subject to the requirements of § 718.102(b)(1) and (3). (b) [Reserved] | |||
| 7:7:7.1.1.2.6.2.1.7 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.107 Acreages. | FSA | (a) If an acreage has been established by FSA for an area delineated on an aerial photograph or within a GIS, such acreage will be recognized by the county committee as the acreage for the area until such time as the boundaries of such area are changed. When boundaries not visible on the aerial photograph are established from data furnished by the producer, such acreage shall not be recognized as official acreage until an authorized representative of FSA verifies the boundaries. (b) Measurements of any row crop shall extend beyond the planted area by the larger of 15 inches or one-half the distance between the rows. (c) The entire acreage of a field or subdivision of a field devoted to a crop shall be considered as devoted to the crop subject to a deduction or adjustment except as otherwise provided in this part. | ||||
| 7:7:7.1.1.2.6.2.1.8 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.108 Measuring acreage including skip row acreage. | FSA | (a) When one crop is alternating with another crop, whether or not both crops have the same growing season, only the acreage that is actually planted to the crop being measured will be considered to be acreage devoted to the measured crop. (b) Subject to the provisions of this paragraph and section, whether planted in a skip row pattern or without a pattern of skipped rows, the entire acreage of the field or subdivision may be considered as devoted to the crop only where the distance between the rows, for all rows, is 40 inches or less. If there is a skip that creates idle land wider than 40 inches, or if the distance between any rows is more than 40 inches, then the area planted to the crop shall be considered to be that area which would represent the smaller of; a 40 inch width between rows, or the normal row spacing in the field for all other rows in the field—those that are not more than 40 inches apart. The allowance for individual rows would be made based on the smaller of actual spacing between those rows or the normal spacing in the field. For example, if the crop is planted in single, wide rows that are 48 inches apart, only 20 inches to either side of each row (for a total of 40 inches between the two rows) could, at a maximum, be considered as devoted as the crop and normal spacing in the field would control. Half the normal distance between rows will also be allowed beyond the outside planted rows not to exceed 20 inches and will reflect normal spacing in the field. (c) In making calculations under this section, further reductions may be made in the acreage considered planted if it is determined that the acreage is more sparsely planted than normal using reasonable and customary full production planting techniques. (d) The Deputy Administrator has the discretionary authority to allow row allowances other than those specified in this section in those instances in which crops are normally planted with spacings greater or less than 40 inches, such as in case of tobacco, or where other circumstances ar… | ||||
| 7:7:7.1.1.2.6.2.1.9 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | B | Subpart B—Determination of Acreage and Compliance | § 718.109 Deductions. | FSA | (a) Any contiguous area which is not devoted to the crop being measured and which is not part of a skip-row pattern under § 718.108 shall be deducted from the acreage of the crop if such area meets the following minimum national standards or requirements: (1) A minimum width of 30 inches; (2) For tobacco—three-hundredths (.03) acre. Turn areas, terraces, permanent irrigation and drainage ditches, sod waterways, non-cropland, and subdivision boundaries each of which is at least 30 inches in width may be combined to meet the 0.03-acre minimum requirement; or (3) For all other crops and land uses—one-tenth (.10) acre. Turn areas, terraces, permanent irrigation and drainage ditches, sod waterways, non-cropland, and subdivision boundaries each of which is at least 30 inches in width and each of which contain 0.1 acre or more may be combined to meet any larger minimum prescribed for a State in accordance with this subpart. (b) If the area not devoted to the crop is located within the planted area, the part of any perimeter area that is more than 217.8 feet (33 links) in width will be considered to be an internal deduction if the standard deduction is used. (c) A standard deduction of 3 percent of the area devoted to a row crop and zero percent of the area devoted to a close-sown crop may be used in lieu of measuring the acreage of turn areas. | ||||
| 7:7:7.1.1.2.6.3.1.1 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.201 Farm constitution. | FSA | [68 FR 16178, Apr. 3, 2003, as amended at 80 FR 41996, July 16, 2015; 84 FR 45887, Sept. 3, 2019] | (a) In order to implement FSA programs and monitor compliance with regulations, FSA must have records on what land is being farmed by a particular producer. This is accomplished by a determination of what land or group of lands “constitute” an individual unit or farm. Land that was properly constituted under prior regulations will remain so constituted until a reconstitution is required by paragraph (c) of this section. The constitution and identification of land as a “farm” for the first time and the subsequent reconstitution of a farm made thereafter will include all land operated by an individual entity or joint operation as a single farming unit except that it may not include: (1) Land under separate ownership unless the owners agree in writing or have previously agreed in writing and the labor, equipment, accounting system, and management are operated in common by the operator, but separate from other tracts; (2) Land under a lease agreement of less than 1 year duration; (3) Federally owned land unless it is rangeland on which no crops are planted and on which there are no crop base acres established; (4) State-owned wildlife lands unless the former owner has possession of the land under a leasing agreement; (5) Land constituting a farm that is declared ineligible to be enrolled in a program under the regulations governing the program; (6) For base acre crops, land located in counties that are not contiguous except where: (i) Counties are divided by a river; (ii) Counties do not share a common border because of a correction line adjustment; or (iii) The land is within 20 miles, by road, of other land that will be a part of the farming unit; (7) Land subject to either a default election or a valid election made under part 1412 of this title for each and all covered commodities constituted with land that has a different default election or valid election for each and all covered commodities, irrespective of whether or not any of the land has base acres; or (8) Land subject to an election of individu… | |||
| 7:7:7.1.1.2.6.3.1.2 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.202 Determining the land constituting a farm. | FSA | (a) In determining the constitution of a farm, consideration shall be given to provisions such as ownership and operation. For purposes of this part, the following rules shall be applicable to determining what land is to be included in a farm. (b) A minor shall be considered to be the same owner or operator as the parent, court-appointed guardian, or other person responsible for the minor child, unless the parent or guardian has no interest in the minor's farm or production from the farm, and the minor: (1) Is a producer on a farm; (2) Maintains a separate household from the parent or guardian; (3) Personally carries out the farming activities; and (4) Maintains a separate accounting for the farming operation. (c) A minor shall not be considered to be the same owner or operator as the parent or court-appointed guardian if the minor's interest in the farming operation results from being the beneficiary of an irrevocable trust and ownership of the property is vested in the trust or the minor. (d) A life estate tenant shall be considered to be the owner of the property for their life. (e) A trust shall be considered to be an owner with the beneficiary of the trust; except a trust can be considered a separate owner or operator from the beneficiary, if the trust: (1) Has a separate and distinct interest in the land or crop involved; (2) Exercises separate responsibility for the separate and distinct interest; and (3) Maintains funds and accounts separate from that of any other individual or entity for the interest. (f) The county committee shall require specific proof of ownership. (g) Land owned by different persons of an immediate family living in the same household and operated as a single farming unit shall be considered as being under the same ownership in determining a farm. (h) All land operated as a single unit and owned and operated by a parent corporation and subsidiary corporations of which the parent corporation owns more than 50 percent of the value of the outstanding stock, or where the par… | ||||
| 7:7:7.1.1.2.6.3.1.3 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.203 County committee action to reconstitute a farm. | FSA | Action to reconstitute a farm may be initiated by the county committee, the farm owner, or the operator with the concurrence of the owner of the farm. Any request for a farm reconstitution shall be filed with the county committee. | ||||
| 7:7:7.1.1.2.6.3.1.4 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.204 Reconstitution of base acres. | FSA | [79 FR 57714, Sept. 26, 2014, as amended at 84 FR 45887, Sept. 3, 2019; 91 FR 1053, Jan. 12, 2026] | (a) Farms will be reconstituted in accordance with this subpart when it is determined that the land areas are not properly constituted and, to the extent practicable as determined by county committee, the reconstitution will be based on the facts and conditions existing at the time the change requiring the reconstitution occurred. (b) Reconstitutions will be effective for the fiscal year if initiated by August 1 of that year. Any reconstitution initiated after August 1 will not be effective for that year; it will be effective for the subsequent year. (c) The Deputy Administrator may approve an exception to permit a reconstitution initiated after August 1 to be effective for the same year, if FSA determines that the failure is due to administrative problems as determined by FSA at the local or national level. Producers have no right to seek an exception under this paragraph. When such situations exist, FSA will establish procedures under which reconstitutions will be accepted and when those reconstitutions will become effective. | |||
| 7:7:7.1.1.2.6.3.1.5 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.205 Substantive change in farming operation, and changes in related legal entities. | FSA | (a) Land that is properly constituted as a farm shall not be reconstituted if: (1) The reconstitution request is based upon the formation of a newly established legal entity which owns or operates the farm or any part of the farm and the county committee determines there is not a substantive change in the farming operation; (2) The county committee determines that the primary purpose of the request for reconstitution is to: (i) Obtain additional benefits under one or more commodity programs; (ii) Avoid damages or penalties under a contract or statute; (iii) Correct an erroneous acreage report; or (iv) Circumvent any other program provisions. In addition, no farm shall remain as constituted when the county committee determines that a substantive change in the farming operation has occurred which would require a reconstitution, except as otherwise approved by the State committee with the concurrence of the Deputy Administrator. (b) In determining whether a substantive change has occurred with respect to a farming operation, the county committee shall consider factors such as the composition of the legal entities having an interest in the farming operation with respect to management, financing, and accounting. The county committee shall also consider the use of land, labor, and equipment available to the farming operations and any other relevant factors that bear on the determination. (c) Unless otherwise approved by the State committee with the concurrence of the Deputy Administrator, when the county committee determines that a corporation, trust, or other legal entity is formed primarily for the purpose of obtaining additional benefits under the commodity programs of this title, the farm shall remain as constituted, or shall be reconstituted, as applicable, when the farm is owned or operated by: (1) A corporation having more than 50 percent of the stock owned by members of the same family living in the same household; (2) Corporations having more than 50 percent of the stock owned by stockholders common … | ||||
| 7:7:7.1.1.2.6.3.1.6 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.206 Determining farms, tracts, and base acres when reconstitution is made by division. | FSA | [80 FR 41997, July 16, 2015] | (a) The methods for dividing farms, tracts, and base acres are, in order of precedence: Estate, designation by landowner, cropland, and default. The proper method will be determined on a crop-by-crop basis. (b) The estate method for reconstitution is the pro-rata distribution of base acres for a parent farm among the heirs in settling an estate. If the estate sells a tract of land before the farm is divided among the heirs, the base acres for that tract will be determined according to paragraphs (c) through (e) of this section. (1) Base acres must be divided in accordance with a will, but only if the county committee determines that the terms of the will are such that a division can reasonably be made by the estate method. (2) If there is no will or the county committee determines that the terms of a will are not clear as to the division of base acres, the base acres will be apportioned in the manner agreed to in writing by all interested heirs or devisees who acquire an interest in the property for which base acres have been established. An agreement by the administrator or executor will not be accepted in lieu of an agreement by the heirs or devisees. (3) If base acres are not apportioned as specified in paragraph (b)(1) or (2) of this section, the base acres must be divided as specified in paragraph (d) or (e) of this section, as applicable. (c) If the ownership of a tract of land is transferred from a parent farm, the transferring owner may request that the county committee divide the base acres, including historical acreage that has been double cropped, between the parent farm and the transferred tract, or between the various tracts if the entire farm is sold to two or more purchasers. (1) If the county committee determines that base acres cannot be divided in the manner designated by the owner because the owner's designation does not meet the requirements of paragraph (c)(2) of this section, FSA will notify the owner and permit the owner to revise the designation to meet the requirements. If the owner… | |||
| 7:7:7.1.1.2.6.3.1.7 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | C | Subpart C—Reconstitution of Farms, Allotments, Quotas, and Base Acres | § 718.207 Determining base acres when reconstitution is made by combination. | FSA | [80 FR 41998, July 16, 2015] | (a) When two or more farms or tracts are combined for a year, that year's base acres, with respect to the combined farm or tract, as required by applicable program regulations, will not be greater than the sum of the base acres for each of the farms or tracts comprising the combination, subject to the provisions of § 718.204. (b) [Reserved] | |||
| 7:7:7.1.1.2.6.4.1.1 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.301 Applicability. | FSA | [67 FR 66307, Oct. 31, 2002, as amended at 80 FR 41998, July 16, 2015] | (a) This subpart is applicable to programs administered by the Farm Service Agency under chapters VII and XIV of this title, except for an agricultural credit program carried out under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq. ), as amended. Administration of this subpart shall be under the supervision of the Deputy Administrator, except that such authority shall not limit the exercise of authority allowed State Executive Directors of the Farm Service agency as provided for in § 718.307. (b) Section 718.306 does not apply to a function performed under either section 376 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq. ), or a conservation program administered by the Natural Resources Conservation Service of the United States Department of Agriculture. (c) The relief provisions of this part cannot be used to extend a benefit or assistance not otherwise available under law or not otherwise available to others who have satisfied or complied with every eligibility or compliance requirement of the provisions of law or regulations governing the program benefit or assistance. | |||
| 7:7:7.1.1.2.6.4.1.2 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.302 Definitions and abbreviations. | FSA | [67 FR 66307, Oct. 31, 2002, as amended at 80 FR 41998, July 16, 2015] | In addition to the definitions provided in § 718.2 of this part, the following terms apply to this subpart: Covered program means a program specified in § 718.301 of this subpart. FSA means the Farm Service Agency of the United States Department of Agriculture. OGC means the Office of the General Counsel of the United States Department of Agriculture. SED means, for activities within a particular state, the State Executive Director of the United States Department of Agriculture, FSA, for that state. | |||
| 7:7:7.1.1.2.6.4.1.3 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.303 Reliance on incorrect actions or information. | FSA | [80 FR 41998, July 16, 2015] | (a) Notwithstanding any other law, if an action or inaction by a participant is based upon good faith reliance on the action or advice of an authorized representative of an FSA county or State committee, and that action or inaction results in the participant's noncompliance with the requirements of a covered program that is to the detriment of the participant, then that action or inaction still may be approved by the Deputy Administrator as meeting the requirements of the covered program, and benefits may be extended or payments made in as specified in § 718.305. (b) This section applies only to a participant who: (1) Relied in good faith upon the action of, or information provided by, an FSA county or State committee or an authorized representative of such committee regarding a covered program; (2) Acted, or failed to act, as a result of the FSA action or information; and (3) Was determined to be not in compliance with the requirements of that covered program. (c) This section does not apply to cases where the participant had sufficient reason to know that the action or information upon which they relied was improper or erroneous or where the participant acted in reliance on their own misunderstanding or misinterpretation of program provisions, notices or information. | |||
| 7:7:7.1.1.2.6.4.1.4 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.304 Failure to fully comply. | FSA | [80 FR 41998, July 16, 2015] | (a) When the failure of a participant to fully comply with the terms and conditions of a covered program precludes the providing of payments or benefits, relief may be authorized as specified in § 718.305 if the participant made a good faith effort to comply fully with the requirements of the covered program. (b) This section only applies to participants who are determined by FSA to have made a good faith effort to comply fully with the terms and conditions of the covered program and have performed substantial actions required for program eligibility. | |||
| 7:7:7.1.1.2.6.4.1.5 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.305 Forms of relief. | FSA | (a) The Administrator of FSA, Executive Vice President of CCC, or their designee, may authorize a participant in a covered program to: (1) Retain loans, payments, or other benefits received under the covered program; (2) Continue to receive loans, payments, and other benefits under the covered program; (3) Continue to participate, in whole or in part, under any contract executed under the covered program; (4) In the case of a conservation program, re-enroll all or part of the land covered by the program; and (5) Receive such other equitable relief as determined to be appropriate. (b) As a condition of receiving relief under this subpart, the participant may be required to remedy their failure to meet the program requirement, or mitigate its affects. | ||||
| 7:7:7.1.1.2.6.4.1.6 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.306 Finality. | FSA | [67 FR 66307, Oct. 31, 2002, as amended at 80 FR 41998, July 16, 2015] | (a) A determination by an FSA State or county committee (or employee of such committee) becomes final on an application for benefits and binding 90 days from the date the application for benefits has been filed, and supporting documentation required to be supplied by the producer as a condition for eligibility for the particular program has been filed, unless any of the following exceptions exist: (1) The participant has requested an administrative review of the determination in accordance with part 780 of this chapter; (2) The determination was in any way based on erroneous, innocent, or purposeful misrepresentation; false statement; fraud; or willful misconduct by or on behalf of the participant; (3) The determination was modified by the Administrator, FSA, or in the case of CCC programs conducted under Chapter XIV of this title, the Executive Vice President, CCC; or (4) The participant knew or had reason to know that the determination was erroneous. (b) Should an erroneous determination become final under the provisions of this section, the erroneous decision will be corrected according to paragraph (c) of this section. (1) If, as a result of the erroneous decision, payment was issued, no action will be taken by FSA, CCC, or a State or county committee to recover unearned payment amounts unless one or more of the exceptions in paragraph (a) of this section applies; (2) If payment was not issued before the error was discovered, the payment will not be issued. FSA and CCC are under no obligation to issue payments or render decisions that are contrary to law or regulation. (c) FSA and CCC will modify and correct determinations when errors are discovered. As specified in paragraph (b) of this section, FSA or CCC may be precluded from recovering unearned payments that issued as a result of the erroneous decision. FSA or CCC's inability to recover or demand refunds of unearned amounts as specified in paragraph (b) will only be effective through the year in which the error was found and communicated to the pa… | |||
| 7:7:7.1.1.2.6.4.1.7 | 7 | Agriculture | VII | B | 718 | PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS | D | Subpart D—Equitable Relief From Ineligibility | § 718.307 Special relief approval authority for State Executive Directors. | FSA | [67 FR 66307, Oct. 31, 2002, as amended at 80 FR 41998, July 16, 2015] | (a) General nature of the special authority. Notwithstanding provisions in this subpart providing supervision and relief authority to other officials, an SED, after consultation with and approval from OGC but without further review by other officials (other than the Secretary) may grant relief to a participant under the provisions of §§ 718.303 through 718.305 as if the SED were the final arbiter within the agency of such matters so long as: (1) The program matter with respect to which the relief is sought is a program matter in a covered program which is operated within the State under the control of the SED; (2) The total amount of relief which will be provided to the participant (that is, to the individual or entity that applies for the relief) by that SED under this special authority for errors during that year is less than $20,000 (including in that calculation, any loan amount or other benefit of any kind payable for that year and any other year); (3) The total amount of such relief which has been previously provided to the participant using this special authority for errors, as calculated above, is not more than $5,000; (4) The total amount of loans, payments, and benefits of any kind for which relief is provided to similarly situated participants by an SED for errors for any year under the authority provided in this section, as calculated above, is not more than $1,000,000. (b) Report of the exercise of the power. A grant of relief shall be considered to be under this section and subject to the special finality provided in this section only if the SED grants the relief in writing when granting the relief to the party who will receive the benefit of such relief and only if, in that document, the SED declares that they are exercising that power. The SED must report the exercise of that power to the Deputy Administrator so that a full accounting may be made in keeping with the limitations of this section. Absent such a report, relief will not be considered to have been made under this section. (c) … |
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