65FR36549 Agricultural Disaster and Market Assistance, Part 4/4
robop...@us.govnews.org
Posting-number: Volume 65, Issue 111, Page 36549, Part 1
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was damaged or destroyed by drought or related conditions in calendar
year 1999 so that seeding is required to reestablish the qualifying
forage crop.
Sec. 1439.332 PRP contract.
(a) In order to enroll land in the PRP, the participant must enter
into a contract with CCC.
(b) The PRP contract will be comprised of:
(1) The terms and conditions for participation in the PRP; and
(2) Any other materials or agreements determined necessary by CCC.
(c) In order to enter into a PRP contract, the applicant must
submit an application to participate at the local FSA office in the
USDA service center.
(d) The PRP contract must, within the dates established by CCC, be
signed by the applicant.
(e) The Deputy Administrator is authorized to approve PRP contracts
on behalf of CCC.
(f) As determined by CCC, PRP contracts may be terminated before
the expiration date when:
(1) The owner loses control of, or transfers, all or part of the
acreage under contract and the new owner does not wish to continue the
contract;
(2) The participant(s) voluntarily request in writing to terminate
the contract and obtains the approval of CCC subject to such conditions
on approval as may be imposed by CCC;
(3) The participant(s) are not in compliance with the terms and
conditions of the contract;
(4) The same acreage is later enrolled in another State, Federal,
or local conservation program, unless the Deputy Administrator approves
otherwise;
(5) The PRP practice fails after a certain time period, as
determined by the Deputy Administrator, and the CCC determines the cost
of restoring the cover outweighs the benefits received from the
restoration; or
(6) The PRP contract was approved based on erroneous eligibility
determinations.
(g) When a PRP contract is terminated, the participant must, except
as agreed to by CCC, refund all or part of the payments made with
respect to such contract plus interest thereon, as determined by CCC,
and shall pay liquidated damages as provided for in such contract. CCC,
in its discretion, may permit a lesser payment to the extent that such
a reduction will not impair program operations.
Sec. 1439.333 Contract modifications.
By mutual agreement between CCC and the participant, a PRP contract
may be modified in order to:
(a) Decrease acreage in the PRP;
(b) Facilitate the practical administration of the PRP; or
(c) Accomplish the goals and objectives of the PRP, as determined
by the Deputy Administrator.
Sec. 1439.334-1439.339 [Reserved]
Sec. 1439.340 Payments.
(a) Payments shall be made available upon a determination by CCC
that an eligible practice, or an identifiable unit thereof, has been
established in compliance with the appropriate standards and
specifications. Payments will be prorated if requests for assistance
exceed available funding.
(b) Except as otherwise provided for in this part, payments may be
made under the PRP only for the cost-effective establishment or
installation of an eligible practice.
(c) Subject to the availability of funds, payments shall be made in
such amount and in accordance with such time schedule as may be agreed
upon and specified in the PRP contract.
(d) Payment shall be made on a per-acre basis.
(e) The payment shall be divided among the participants on a single
contract in the manner agreed upon in such contract.
(f) The maximum amount of all payments that a person may receive
under the PRP shall not exceed $2,500. The regulations set forth at
part 1400 of this chapter shall be applicable in making certain
eligibility and ``person'' determinations as they apply to payment
limitations under this part.
(g) Payments shall be limited as needed or appropriate to account
for mandatory or discretionary limits on payments.
Sec. 1439.341 Levels and rates for payments.
(a) As determined by the Deputy Administrator, CCC shall pay not
more than 50 percent of the average cost of reestablishing the approved
forage crop, including reseeding, on eligible land.
(b) The average cost of performing a practice may be determined by
CCC based on recommendations from the State Technical Committee or on
such other basis as it deemed appropriate. Such cost may be the average
cost in a State, a county, or a part of a county or counties, as
determined by the Deputy Administrator.
(c) Notwithstanding paragraph (a) or (b) of this section, no
payment shall exceed $75 per acre without approval of the Deputy
Administrator. In no case shall a payment exceed $125 per acre.
Sec. 1439.342 Method of payment.
Payments made by CCC under this part may be made in cash, in kind,
in commodity certificates, or any combination of such methods of
payment in accordance with part 1401 of this chapter, unless otherwise
specified by CCC.
Secs. 1439.343-1439.349 [Reserved]
Sec. 1439.350 Payments to participants.
Payments shall be made to the participants responsible for the
establishment of the practice.
Sec. 1439.351 Violations.
(a) If a participant fails to carry out the terms and conditions of
a PRP contract, CCC may terminate the PRP contract.
(b) If the PRP contract is terminated by CCC in accordance with
this section then, in addition to all such other remedies as may be
provided for in this subpart or elsewhere:
(1) The participant shall forfeit all rights to payments under such
contract and refund all payments previously received together with
interest; and
(2) Pay liquidated damages to CCC in such amount as specified in
the contract.
(c) If the Deputy Administrator determines such failure does not
warrant termination of such contract, the Deputy Administrator may
authorize relief as the Deputy Administrator deems appropriate.
(d) CCC may also terminate a PRP contract without sanction if the
participant agrees to such termination and CCC determines such
termination to be in the public interest.
(e) CCC may reduce a demand for a refund under this section to the
extent CCC determines that such relief would be appropriate and will
not deter the accomplishment of the goals of the program.
Sec. 1439.352 Executed PRP contract not in conformity with
regulations.
If, after a PRP contract is approved by CCC, CCC discovers that the
PRP contract is not in conformity with the provisions of this part, the
provisions of the regulations shall prevail and the contract may be
terminated.
Sec. 1439.353 Performance based upon advice or action of the
Department.
The provisions of Sec. 718.8 of this title relating to performance
based upon the action or advice of a representative of the Department
shall be applicable to this part.
Sec. 1439.354 Access to land under contract.
(a) The applicant or participant shall, as requested, provide all
representatives
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or designees of CCC with access to all land that is:
(1) The subject of an application for a contract under this part;
or
(2) Under contract or otherwise subject to this part.
(b) With respect to such land identified in paragraph (a) of this
section, the participant or applicant shall provide such
representatives with access to examine records with respect to such
land for the purpose of determining compliance with the terms and
conditions of the PRP.
Sec. 1439.355 Miscellaneous.
(a) Any remedies permitted CCC under this part shall be in addition
to any other remedy, including, but not limited to criminal remedies,
or actions for damages in favor of CCC, or the United States, as may be
permitted by law.
(b) Absent a scheme or device to defeat the purpose of the program,
when an owner loses control of PRP acreage due to foreclosure, the
Deputy Administrator may waive the demand that could otherwise be made
for refunds.
(c) Payments under this subpart are subject to provisions contained
in Subpart A of this part including, but not limited to provisions
concerning misrepresentations, payment limitations, limitations on
eligibility tied to the person's gross income, and refunds to CCC,
liens, assignment of payments, and appeals, and maintenance of books
and records. In addition other parts of this chapter and of chapter VII
relating to payments in event of death, the handling of claims, and
other matters may apply, as may other provisions of law and regulation.
(d) Any payments not earned that have been paid must be returned
with interest subject to such other remedies as may be allowed by law.
(e) No interest will be paid or accrue on benefits under this
subpart that are delayed or otherwise not timely issued unless
otherwise mandated by law.
(f) Nothing in this subpart shall require a commitment of funds to
this subpart in excess of that determined to be appropriate by the
Deputy Administrator and/or CCC.
(g) Any payment otherwise due under this subpart will be reduced to
the extent that it is determined that such payment produces a duplicate
benefit under another program operated by the Department of Agriculture
and that to make such duplicate payment would be contrary to the
purposes of the program.
(h) In no instance, unless approved by the Deputy Administrator in
accordance with law, may the amount expended under this subpart exceed
an amount that, when added to the amounts expended for the 1999 LAP
payments and for the Livestock Indemnity Program, Phase II, exceeds
$200 million.
(i) Payments under this subpart shall be made without regard to
questions of title under State law and without regard to any claim or
lien against the crop, or proceeds thereof, in favor of the owner or
any other creditor except agencies of the U.S. Government. The
regulations governing offsets and withholdings found at part 1403 of
this chapter shall be applicable to contract payments except to the
extent that an exemption if provided for by the Executive Vice
President, CCC.
(j) Any producer entitled to any payment may assign any payments in
accordance with regulations governing assignment of payment found at
part 1404 of this chapter.
(k) In those instances in which, prior to the issuance of this
regulation, a producer has signed a power of attorney on an approved
FSA-211 for a person or entity indicating that such power shall extend
to ``all above programs'', without limitation, such power will be
considered to extend to this program unless by June 22, 2000 the person
granting the power notifies the local FSA office for the control county
that the grantee of the power is not authorized to handle transactions
for this program for the grantor.
Subpart E--Livestock Indemnity Program for Contract Growers
Sec. 1439.401 Applicability.
This subpart sets forth the terms and conditions of the Livestock
Indemnity Program for Contract Growers. Under Title I of the
Supplemental Appropriations Act (Public Law 106-113, 113 Stat. 1501),
the Secretary is specifically authorized to use $10 million to provide
assistance to persons who raise livestock owned by other persons for
income losses sustained with respect to livestock during 1999 if the
Secretary finds that such losses are the result of natural disasters.
Utilizing that authority, this subpart, accordingly, allows for
benefits to be paid, up to that amount, to eligible producers that
sustained a loss of income directly attributed to a reduction in the
production of livestock and livestock products from livestock that were
entirely owned by others, due to or as a result of natural disasters
that occurred from January 1 through December 31, 1999, in those areas
for which a Presidential or Secretarial Declaration was approved.
Producers in contiguous counties that were not designated as a disaster
area in their own right are not eligible for benefits under this part.
Benefits will be provided with respect to eligible livestock where the
death occurred in the disaster area during January 1 through December
31, 1999, and where the death was reasonably related to the disaster
that prompted the disaster declaration as determined by the Deputy
Administrator of Farm Programs, or designee. The livestock had to be in
possession of the applicant during the time in which the disaster
occurred.
Sec. 1439.402 [Reserved]
Sec. 1439.403 Definitions.
The definitions set forth in this section shall be applicable for
all purposes of administering this Livestock Indemnity Program for
Contract Growers. Definitions in Sec. 1439.3 shall also be applicable,
except where those definitions conflict with the definitions set forth
in this subpart. The following terms shall have the following meanings:
Application means the request for benefits and the necessary
documentation supporting such a request.
Contract means, with respect to contracts for the handling of
livestock, an agreement between the livestock producer or grower and
the livestock owner setting forth the specific terms, conditions and
obligations of the parties involved regarding the production of
livestock and livestock products.
Deputy Administrator means Deputy Administrator for Farm Programs,
Farm Service Agency (FSA), or a designee.
Eligible livestock means livestock that are:
(1) Beef and dairy cattle, sheep, goats, swine, poultry (including
egg-producing poultry), equine animals used for food or in the
production of food, and buffalo and beefalo when buffalo and beefalo
are maintained on the same basis as beef cattle, and
(2) Was produced by the applicant subject to a contractual
agreement between the such producer or grower and the livestock owner.
Eligible livestock producer means, with respect to particular
livestock, one, other than the owner of the livestock, who possesses an
independent financial interest in the eligible livestock or products
derived from such eligible livestock, as defined and limited by the
terms and conditions of a contractual agreement with the livestock
owner; and is a citizen or a legal resident alien of the United States.
Such producer may be individual or may be a farm cooperative, private
domestic
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corporation, partnership, or joint operation in which the majority
interest is held by members, stockholders, or partners who are citizens
of, or legal resident aliens in, the United States, if such
cooperative, corporation, partnership, or joint operation possesses a
financial interest, but not as owner, in the eligible livestock or
products derived from such eligible livestock. Also such producer may
also be an Indian tribe (as defined in section 4(b) of the Indian Self-
Determination and Education Assistance Act and Education Assistance
Act); an Indian organization or entity chartered under the Indian
Reorganization Act or chartered under the Indian Self-Determination and
Education Assistance Act; or an economic enterprise under the Indian
Financing Act of 1974.
Sec. 1439.404 Application period.
(a) A request for benefits under this subpart must be submitted to
CCC at the county FSA office serving the county where the loss
occurred. All requests for benefits and supporting documentation must
be filed in the county FSA office by May 1, 2000, or such other date as
established by CCC.
(b) Data furnished by the applicants will be used to determine
eligibility for program benefits. Furnishing the data is voluntary;
however, without such data, program benefits will not be approved or
provided.
Sec. 1439.405 Proof of loss.
(a) Livestock producers must, in accordance with instructions
issued by the Deputy Administrator, provide adequate proof that the
loss of eligible livestock or livestock products, and the corresponding
reduction of income, occurred in the area of a Presidential designation
or Secretarial declaration referred to in Sec. 1439.401 and that the
death of the eligible livestock was reasonably related to the
recognized natural disaster. The documentary evidence of loss, quantity
of the loss, and type of eligible livestock claimed for payment, shall
be reported to CCC together with any supporting documentation under
paragraph (b) of this section.
(b) The livestock producer shall provide any available supporting
documents that will assist the county committee in verifying the loss
and the quantity of eligible livestock that perished in the natural
disaster. Examples of supporting documentation include, but are not
limited to: written contracts, production records, veterinarian
receipts, bank loan papers, rendering truck receipts, Federal Emergency
Management Agency and National Guard records, and any other documents
available to confirm the presence of the livestock and the subsequent
losses. Certification of third parties or the producer and other such
documentation as the county committee determines to be necessary for
the verification of the information provided by the applicant may be
submitted, subject to review and approval of the county committee.
Failure to provide documentation that is satisfactory to the county
committee can result in disapproval of the application by the county
committee.
(c) In all circumstances, livestock producers shall certify to the
accuracy of the information provided. As provided by various statutes,
providing a false certification to the government is punishable by
imprisonment, fines and other penalties. All such remedies, as well as
all civil remedies, may be applied. All information provided is subject
to verification and spot check by the CCC.
Sec. 1439.406 Indemnity benefits.
(a) Payment under this part shall only be made to livestock
producers who file a Certification of Livestock Losses for Eligible
Disaster--Contract Growers, Form CCC-661B, for the specific livestock
category for which relief is sought and file such form in accordance
with instructions issued by the Deputy Administrator. In addition,
payment may be made only if:
(1) The livestock producer submits a proof of loss that meets the
requirements of Sec. 1439.405; and
(2) The county or State committee determines that because of an
eligible disaster condition the livestock producer had a loss in the
specific category in excess of the normal mortality rate established by
CCC, based on the number of animals in the livestock category that were
in the livestock producer's inventory at the time of the disaster
event.
(b) If the number of losses in the animal category exceeds the
normal mortality rate established by CCC for such category, the loss of
eligible livestock that shall be used in making a payment shall be the
number of animal losses in the category that exceed the normal
mortality threshold established by CCC.
(c) Subject to the availability of funds, payments shall be made in
an amount determined by multiplying: the national payment rate for the
livestock category as determined by CCC by the amount specified in
paragraph (b) of this section.
Sec. 1439.407 Proration of claims.
In the event that the funds made available to satisfy claims shall
be less than the demand for such funds, the Deputy Administrator may
reduce all claims by a uniform percentage to account for the level of
available funds, or may take such other measures as he deems
appropriate to apportion the funds among the claimants. Such payment
reductions as are made shall be applied after the imposition of
applicable payment limitation provisions.
Sec. 1439.408 Miscellaneous provisions.
(a) Payments under this subpart are subject to provisions contained
in subpart A of this part including, but not limited to provisions
concerning misrepresentations, payment limitations, limitations on
eligibility tied to the person's gross income, and refunds to CCC,
liens, assignment of payments, and appeals, and maintenance of books
and records. In addition other parts of this chapter and of chapter VII
of this title relating to payments in event of death, the handling of
claims, and other matters may apply, as may other provisions of law and
regulation.
(b) Any payments not earned that have been paid must be returned
with interest subject to such other remedies as may be allowed by law.
(c) No interest will be paid or accrue on benefits under this
subpart that are delayed or otherwise not timely issued unless
otherwise mandated by law.
(d) Nothing in this subpart shall require a commitment of funds to
this subpart in excess of that determined to be appropriate by the
Deputy Administrator and/or CCC.
(e) The Deputy Administrator can deny or adjust claims in those
instances in which the party seeking relief was affiliated with or
related to the owner of the livestock if it is determined by the Deputy
Administrator that such action is consistent with the purposes of this
subpart and may take such action as is deemed appropriate to avoid
overlap with relief available under other subparts in this part.
(f) In no instance, unless otherwise approved by the Deputy
Administrator, will the amount to be expended under this program exceed
$10 million.
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Subparts F-H [Reserved]
Subpart I--American Indian Livestock Feed Program
Sec. 1439.900 [Reserved].
Sec. 1439.901 Applicability.
This subpart sets forth the terms and conditions of a government-
to-government program titled the American Indian Livestock Feed Program
(AILFP). The AILFP has been allocated a budget of $12.5 million.
Assistance will be available in those regions that CCC determines have
been affected by natural disaster, and where a determination is made by
the Deputy Administrator for Farm Programs that a livestock feed
emergency exists on tribal land. Funds made available under the AILFP
shall be available beginning in crop year 1997 and in subsequent crop
years. Payments may become available as contracts with tribal
governments are approved. If any other benefits are received from the
Department of Agriculture for the same loss, then payments under this
part will be reduced accordingly. Payments will terminate when funds
have been exhausted, without respect to the date of any application, or
of when any contract has been entered into by any tribal government and
CCC. Applicants will receive benefits on a first-come, first-served
basis.
Sec. 1439.902 Administration.
(a) This subpart shall be administered by CCC under the general
supervision of the Deputy Administrator for Farm Programs, Farm Service
Agency (FSA). This program shall be carried out in the field as
prescribed in these regulations and as directed in the contract
executed between the applicable tribal government and CCC, except that
in the event any contract provision conflicts with these regulations,
the regulations shall apply.
(b) Tribal governments, their representatives, and employees do not
have authority to modify or waive any provisions of the regulations of
this subpart.
(c) State and county committees, and representatives and employees
thereof, do not have the authority to modify or waive any provisions of
regulations of this subpart.
(d) The Deputy Administrator may authorize State and county
committees to waive or modify deadlines, and other program requirements
in cases where the applicant or tribe, as applicable, show that
circumstances beyond the applicant's or tribe's control precluded
compliance with the deadline and where lateness or failure to meet such
other requirements does not adversely affect the operation of the
program.
(e) The tribal government will, in accordance with this part and in
coordination with the U.S. Department of the Interior, Bureau of Indian
Affairs (BIA) and FSA State and county committees, recommend the
geographical size and shape of the region where the natural disaster
has occurred, and whether the regional eligibility requirement has been
satisfied. Documentation to support the reported natural disaster shall
be provided by the State FSA office and shall accompany the
recommendation. The recommendation of eligibility must be acted on by
the Deputy Administrator.
(f) The Deputy Administrator will determine all prices with respect
to implementing the AILFP.
(g) The FSA State committee will determine crop yields and
livestock carrying capacity with respect to implementing the AILFP.
(h) Participation in the AILFP by a tribal government for either
the tribal government's benefits or for the benefit of any eligible
owner is voluntary and is with the understanding that CCC will not
reimburse the tribal government or its members for any administrative
costs associated with the administration or implementation of the
program.
(i) The provisions of subpart A shall not apply to this part;
however the following provisions of 7 CFR part 1439, as in effect on
January 1, 1999 (see 7 CFR Parts 1200 to 1599, revised as of January 1,
1999) shall apply in the conduct of this program: Secs. 1439.3, 1439.11
through 1439.22, 1439.24 as well as Secs. 1439.6(i)(1)(i), 1439.8(a),
and 1439.9(d) through (f). Further, from those same regulations, the
provisions of Secs. 1439.10(a) and 1439.15, as in effect on January 1,
1999 (see 7 CFR Parts 1200 to 1599, revised as of January 1, 1999)
shall apply as set forth in Secs. 1439.908 and 1439.909.
Sec. 1439.903 Definitions.
The definitions set forth in this section shall be applicable to
the program authorized by this subpart. The terms defined in
Sec. 1439.3 shall also be applicable except where those definitions
conflict with the definitions set forth in this subpart. The following
terms shall have the following meanings:
Animal Unit (AU) means a standard expression of livestock based on
a net energy maintenance requirement equal to 13.6 megacalories per
day.
Animal Unit Day (AUD) means an expression of expected or actual
stocking rate equal to one day.
Approving official means a representative of the tribal government
who is authorized to approve an application for assistance made in
accordance with this subpart.
Carrying capacity means the stocking rate expressed as acres per
animal unit that is consistent with maintaining or improving vegetation
or related resources.
Dependent Indian Community means a limited category of Indian lands
that are neither reservations nor allotments and is:
(1) Land set aside by the Federal Government for the use of Indians
as Indian land, and
(2) Under Federal superintendence.
Deputy Administrator means the Deputy Administrator for Farm
Programs, FSA, or designee.
Disaster period means the length of time that damaging weather,
adverse natural occurrence, or related condition has a detrimental
affect on the production of livestock feed.
Eligible feed for assistance means any type of feed (feed grain,
oilseed meal, premix, or mixed or processed feed, liquid or dry
supplemental feed, roughage, pasture, or forage) that provides net
energy megacalories and that is consistent with acceptable feeding
practices and was not produced by the owner.
Eligible livestock means beef and dairy cattle; buffalo and beefalo
maintained on the same basis as beef cattle; equine animals used for
food or used directly in the production of food; sheep; goats; and
swine.
Eligible owner means an individual or entity, including the tribe,
eligible to participate in this program, who:
(1) Contributes to the production of eligible livestock or their
products;
(2) Has such contributions at risk;
(3) Meets the criteria set forth in Sec. 1439.907; and
(4) Meets eligibility criteria set forth by the tribal government
in an approved contract.
Livestock feed emergency means a situation in which a natural
disaster causes more than a 35-percent reduction in the feed produced
in a region determined in accordance with Sec. 1439.904 for a defined
period, as determined by CCC. Any loss of feed production attributable
to overgrazing or other factors not considered to be a natural disaster
as specified in this subpart shall not be included in the loss used to
determine if a livestock feed emergency occurred.
Natural disaster means damaging weather, including but not limited
to
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drought, hail, excessive moisture, freeze, tornado, hurricane,
excessive wind, or any combination thereof; or an adverse natural
occurrence such as earthquake, flood, or volcanic eruption; or a
related condition, including but not limited to heat, or insect
infestation, that occurs as a result of aforementioned damaging weather
or adverse natural occurrence prior to or during the crop year that
directly causes, accelerates, or exacerbates the reduction of livestock
feed production.
Net energy maintenance means the appropriate amount of net energy
needed to meet the daily maintenance needs for livestock based on the
weight range by type of eligible livestock as provided in this section,
as determined by CCC.
Region means a geographic area suffering a livestock feed emergency
because of natural disaster as determined by a tribal government in
accordance with Sec. 1439.904.
Tribal Governed Land means:
(1) All land within the limits of any Indian reservation;
(2) Dependent Indian communities;
(3) Any lands title to which is either held in trust by the United
States for the benefit of an Indian tribe or Indian, or held by an
Indian tribe or Indian subject to a restriction by the United States on
alienation; and
(4) Land held by an Alaska Native, Alaska Native Village or village
or regional corporation under the provisions of the Alaska Native Claim
Settlement Act or other Act relating to Alaska Natives.
Tribe means an Indian or Alaska Native tribe, band, nation, pueblo,
village, or community that the Secretary of the Interior acknowledges
to exist as an Indian tribe pursuant to the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 479a).
Type and weight range means the weight range by type of livestock
and appropriate amount of energy required to provide the daily
maintenance needs for livestock, as follows:
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Kind/type Weight range (lbs.) Daily energy requirement
----------------------------------------------------------------------------------------------------------------
(1) Beef cattle (Buffalo/Beefalo):
Beef............................ Less than 400....................... 3.01 NEm Mcal.
Beef............................ 400-799............................. 5.59 NEm Mcal.
Beef............................ 800-1099............................ 7.31 NEm Mcal.
Beef............................ 1100+............................... 10.75 NEm Mcal.
Beef, cow....................... All................................. 13.60 NEm Mcal.
Beef, bull...................... 1000+............................... 11.18 NEm Mcal.
(2) Dairy cattle:
Dairy........................... Less than 400....................... 3.01 NEm Mcal.
Dairy........................... 400-799............................. 5.59 NEm Mcal.
Dairy........................... 800-1099............................ 7.31 NEm Mcal.
Dairy........................... 1100+............................... 10.75 NEm Mcal.
Dairy, cow...................... Less than 1100...................... 23.22 NEl Mcal.
Dairy, cow...................... 11-1299............................. 26.66 NEl Mcal.
Dairy, cow...................... 1300-1499........................... 28.38 NEl Mcal.
Dairy, cow...................... 1500+............................... 29.67 NEl Mcal
Dairy, bull..................... 1000+............................... 12.47 NEm Mcal.
(3) Equine:
Equine.......................... Less than 450....................... 6.2 DE Mcal.
Equine.......................... 450-649............................. 8.9 DE Mcal.
Equine.......................... 650-874............................. 11.6 DE Mcal.
Equine.......................... 875+................................ 17.3 DE Mcal.
(4) Swine:
Swine........................... Less than 45........................ 780 DE Kcal.
Swine........................... 45-124.............................. 1630 DE Kcal.
Swine........................... 125+................................ 2867 DE Kcal.
Swine, sow...................... 235+................................ 9854 DE Kcal.
Swine, boar..................... 235+................................ 5446 DE Kcal.
(5) Sheep:
Sheep........................... Less than 44........................ 0.34 NEm Mcal.
Sheep........................... 44-82............................... 0.77 NEm Mcal.
Sheep........................... 83+................................. 0.95 NEm Mcal.
Sheep, ewe...................... 150+................................ 2.66 NEm Mcal.
Sheep, ram...................... 150+................................ 1.46 NEm Mcal.
(6) Goats:
Goats........................... Less than 44........................ 0.43 NEm Mcal.
Goats........................... 44-82............................... 0.95 NEm Mcal.
Goats........................... 83+................................. 1.29 NEm Mcal.
Goats, doe...................... 125+................................ 3.00 NEm Mcal.
Goats, doe, dairy 1994 and 125+................................ 4.47 NEm Mcal.
subsequent crop years.
Goats, buck..................... 125+................................ 1.80 NEm Mcal.
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Sec. 1439.904 Region.
(a) The size of a region will consist of:
(1) An entire reservation, even if the reservation is less than
320,000 acres; or
(2) Contiguous acreage of at least 320,000 acres and include land
acreage of an Indian reservation or tribal governed land. If a region
is delineated based on minimum size of 320,000 acres, the region shall
be delineated without regard to the boundary of a reservation or tribal
governed land. If
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the acreage affected by the natural disaster does not meet the minimum
acreage requirement specified in this paragraph (a)(2), acreage will be
added from surrounding land until the minimum requirement is met.
(b) The region must:
(1) Include acreage affected by the natural disaster that is the
basis for the region's designation;
(2) Correspond to the shape of the natural disaster to the maximum
extent possible;
(3) Be defined in a manner that does not intentionally include or
exclude owners or crops;
(4) Contain some acreage of tribal governed land; and
(5) Have suffered a livestock feed emergency as defined in
Sec. 1439.903.
Sec. 1439.905 Responsibilities.
(a) During the operation of this program, CCC shall:
(1) Provide weather data, crop yields and carrying capacities to
tribes requesting such information;
(2) Review contracts submitted by tribal governments requesting
disaster regions; and
(3) Act as an agent for disbursing payments to eligible livestock
owners in approved disaster regions.
(b) Tribal governments shall be responsible for:
(1) Approaching CCC to obtain a contract to participate in the
AILFP based on the tribe's voluntary decisions that participation will
benefit its members;
(2) Gathering, organizing, and reporting accurate information
regarding disaster conditions and region;
(3) Advising livestock owners in an approved region that they may
be eligible for payments, in addition to the method and requirements
for filing applications;
(4) Accepting applications for payment from individual livestock
owners;
(5) Determining that the information provided by individual
livestock owners on payment applications is accurate and complete and
that the owner is eligible for payments under this program;
(6) Submitting only accurate and complete payment applications to
the designated FSA office acting as an agent for disbursing payments to
eligible livestock owners.
(c) The owner or authorized representative, shall:
(1) Furnish all the information specified on the payment
application, as requested by CCC;
(2) Provide any other information that the tribal government deems
necessary to determine the owner's eligibility; and
(3) Certify that purchased feed was or will be fed to the owner's
eligible livestock.
Sec. 1439.906 Program availability.
(a) When a tribal government determines that a livestock feed
emergency exists due to a natural disaster, the tribal government may
submit a properly completed contract requesting approval of a region.
All contracts requesting region approval must be submitted by the later
of December 28, 1998, or 30 days after the end of the disaster period
specified on the contract.
(b) Properly completed contracts shall consist of:
(1) A completed form CCC-453, Contract To Participate; and
(2) A completed form CCC-648, Region Designation And Feed Loss
Assessment; and
(3) Supportive documentation as determined by CCC including, but
not limited to:
(i) A map of the region delineated in accordance with
Sec. 1439.904;
(ii) Historical production data and estimated or actual production
data for the disaster year;
(iii) Climatological data provided by the State FSA office; and
(iv) A report of an on-site survey.
(c) The Deputy Administrator shall make a determination as to
whether a livestock feed emergency exists not later than 30 days after
receipt of a properly completed contract made in accordance with this
subpart and shall notify the tribal government and State FSA office of
such determination as applicable.
(d) The feeding period provided in the approved contract will be
for a term not to exceed 90 days, except as provided in paragraph (e)
of this section. The feeding period shall not be extended if the
livestock feed emergency no longer exists. Notwithstanding the duration
of any feeding period, assistance under this subpart terminates
immediately and without notice when program funds are exhausted as
specified in Sec. 1439.901.
(e) The tribal government may request to extend the feeding period
not to exceed an additional 90 days for each extension if disaster
conditions have not diminished significantly and a livestock feed
emergency continues.
Sec. 1439.907 Eligibility.
(a) An eligible owner must own or jointly own the eligible
livestock for which payments under this subpart are requested.
Notwithstanding any other provision of this subpart, livestock leased
under a contractual agreement that has been in effect at least 6 months
prior to the date of application for assistance made under this subpart
shall be considered as being owned by the lessee if the lease:
(1) Requires the lessee to furnish the feed for such livestock; and
(2) Provides for an interest in such livestock, such as the right
to market a share of the increase in weight of livestock.
(b) A State or non-tribal local government or subdivision thereof,
or any individual or entity determined to be ineligible in accordance
with Sec. 1400.501 of this chapter are not eligible for benefits under
this subpart.
(c) Any eligible owner of livestock, including the tribe, may file
a CCC-approved AILFP payment application with the tribal government.
When such a payment application is filed, the owner and an authorized
tribal government representative shall execute the certification
contained on such payment application no later than the deadline
established by CCC upon approval of the region.
(d) To be eligible for benefits under this subpart, livestock
owners must own or lease tribal governed land in the delineated region;
and have had livestock on such land at the time of disaster that is the
basis for the region's designation.
(e) Eligible livestock owners shall be responsible for providing
information to the tribal government that accurately reflects livestock
feed purchases for eligible livestock during the feeding period. False
or inaccurate information may affect the owner's eligibility.
Sec. 1439.908 Payment application.
(a) Except as provided in paragraph (d) of this section, payment
applications from interested eligible owners must be:
(1) Submitted to the tribal government by the owner no later than a
date announced by the tribe, such date being no later than the
applicable date in Sec. 1439.907(c); and
(2) Submitted by the tribal government to the office designated by
CCC no later than a date announced by CCC; and
(3) Accompanied by valid receipts substantiating purchase of
eligible feed for assistance. Valid receipts must also be accompanied
by the certification referenced in Sec. 1439.907(d)(3) and shall
contain:
(i) The date of feed purchase, which must fall within the eligible
feeding period as approved on the contract;
(ii) The names and addresses of the buyer and the vendor;
(iii) The type of feed purchased;
(iv) The quantity of the feed purchased;
(v) The cost of the feed; and
[[Page 36581]]
(vi) The vendor's signature if the vendor is not licensed to
conduct this type of business transaction.
(b) The tribal government shall review each payment application, as
specified by CCC, for completeness and accuracy. Except as provided in
paragraphs (c) and/or (d) of this section, the tribal government shall
approve those eligible owners and applications meeting the requirements
of this subpart.
(c) No approving tribal government member shall review and approve
a payment application for any operation for which such member has a
direct or indirect interest. Such payment application may be reviewed
for approval by a member of the tribal government who is not related to
the applicant by blood or marriage.
(d) Tribal governments do not have the authority to approve a
payment application for any operation for which the tribe has a direct
or indirect interest. Payment applications for tribal owned livestock
shall contain an original signature of a member of the tribal
government, signing as representing all owners of the tribal owned
livestock, who possesses the authority to sign documents on behalf of
the tribe and shall be submitted to an office designated by the
Secretary for approval.
(e) No payment application, as specified by CCC, shall be approved
unless the owner meets all eligibility requirements. Information
submitted by the owner and any other information, including knowledge
of the tribal government concerning the owner's normal operations,
shall be taken into consideration in making recommendations and
approvals. If either the payment application is incomplete or
information furnished by the owner is incomplete or ambiguous and
sufficient information is not otherwise available with respect to the
owner's farming operation in order to make a determination as to the
owner's eligibility, the owner's payment application, as specified by
CCC, shall be denied. The tribal government shall be responsible for
notifying the owner of the reason for the denial and shall provide the
owner an opportunity to submit additional information as requested.
(f) All payment applications, as specified by CCC, approved by the
tribal government will be submitted to a designated FSA office for
calculation of payment.
Sec. 1439.909 Payments.
(a) Provided all other eligibility requirements of this subpart are
met and funds are available, all eligible payment applications
submitted to the designated FSA office shall have payments issued to
the applicant by CCC.
(b) If any term, condition, or requirement of these regulations or
contract are not met, payments and benefits previously provided by CCC
that were not earned under the provisions of the application shall be
refunded.
(c) Each owner's share of the total payment shall be indicated on
the application, and each owner shall receive benefits or final payment
from CCC according to benefits or payments earned under the provisions
of the application.
(d) CCC may reduce the benefits payable to an applicant under this
program if CCC has made assistance available to such applicant under
any other CCC program with respect to the same natural disaster.
(e) The amount of assistance provided to any owner shall not exceed
the smaller of either:
(1) The dollar amount of eligible livestock feed purchased, as
documented by acceptable purchase receipts, less the dollar amount of
any sale of livestock feed (whether purchased or produced) by the owner
during the feeding period; or
(2) 30 percent of the amount computed by multiplying:
(i) The number of animal units determined on the basis of the
number of eligible livestock of each type and weight range; by
(ii) The smaller of the number of days the owners provided feed to
eligible livestock or the total days in the contract's feeding period;
by
(iii) The Animal Unit Day value, as established by the Deputy
Administrator for Farm Programs, less the dollar amount of any sale of
livestock feed (whether purchased or produced) by the owner during the
feeding period.
(f) Payments issued in conjunction with this program will not be
subject to offset for debts incurred through participation in any other
program conducted by the Department of Agriculture.
Sec. 1439.910 Program suspension and termination.
(a) The tribal government that requested the AILFP assistance, may
at any time during the operation of a program recommend suspension or
termination of the program.
(b) The Deputy Administrator may suspend or terminate the program
at any time if:
(1) The tribal government requests termination or suspension; or
(2) Funding is exhausted.
Sec. 1439.911 Appeals.
Any person who is dissatisfied with a CCC determination made with
respect to this subpart may make a request for reconsideration or
appeal of such determination in accordance with part 780 of this
chapter. Any person who is dissatisfied with a determination made by
the tribal authority should seek reconsideration of such determination
with the tribe. Decisions and determinations made under this subpart
not rendered by CCC or FSA are not appealable to the National Appeals
Division.
Secs. 1439.912-1439.915 [Reserved].
PART 1464--TOBACCO
10. The authority citation for 7 CFR part 1464 continues to read as
follows:
Authority: 7 U.S.C. 1421, 1423, 1441, 1445, 1445-1 and 1445-2;
15 U.S.C. 714b, 714c.
11. Amend 7 CFR part 1464 by adding a new subpart D to read as
follows:
Subpart D--Tobacco Disaster Assistance Program
Sec.
1464.300 [Reserved]
1464.301 Applicability and basic terms for payment.
1464.302 Administration.
1464.303 Definitions.
1464.304 Loss requirements.
1464.305 Signup.
1464.306 Proof of loss.
1464.307 Benefits.
1464.308 [Reserved]
1464.309 Offsets and assignments.
1464.310 Misrepresentation and scheme or device.
1464.311 Refunds to CCC.
1464.312 Cumulative liability.
1464.313 Estate, trusts, and minors.
1464.314 Death, incompetence, or disappearance.
1464.315 Appeals.
Subpart D--Tobacco Disaster Assistance Program
Sec. 1464.300 [Reserved]
Sec. 1464.301 Applicability and basic terms for payments.
(a) This subpart sets forth the terms and conditions of the Tobacco
Disaster Assistance Program (TDAP) authorized by Public Law 106-113.
That legislation provides $2.8 million to the Commodity Credit
Corporation (CCC) to be made available to eligible persons who have
suffered quality or quantity losses due to natural disasters on tobacco
crops harvested and placed in a warehouse and not sold.
(b) Payments from the $2.8 million allotted to this program shall
be made to eligible persons in proportion, as determined by the
Executive Vice President of CCC, to each person's
[[Page 36582]]
relative quantity of qualifying tobacco losses suffered due to natural
disasters on crops harvested and placed in a warehouse and not sold.
Sec. 1464.302 Administration.
(a) This subpart shall be administered by CCC under the general
supervision of the Executive Vice President of the CCC and the Deputy
Administrator for Farm Programs of the Farm Service Agency of the
Department of Agriculture (who shall be hereafter referred to in this
part as the ``Deputy Administrator''). The program shall be carried out
in the field by State and county Farm Service Agency committees (State
and county committees).
(b) State and county committees, and representatives and employees
thereof, do not have the authority to modify or waive any of the
provisions of the regulations in this part, as amended or supplemented.
(c) The State committee shall take any action required by this part
that has not been taken by the county committee. The State committee
shall also:
(1) Correct, or require a county committee to correct, any action
taken by such county committee that is not in accordance with this
part; or
(2) Require a county committee to withhold taking any action that
is not in accordance with this part.
(d) No delegations herein to a State or county committee shall
preclude the Executive Vice President, CCC, 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.
Sec. 1464.303 Definitions.
The definitions set forth in this section shall be applicable for
all purposes of administering the Tobacco Disaster Assistance Program
of this subpart. The terms defined in Sec. 723.104 of this title shall
also be applicable, except where those definitions conflict with the
definitions set forth in this subpart. The following terms shall have
the following meanings:
Deputy Administrator means the Deputy Administrator for Farm
Programs, Farm Service Agency (FSA), or a designee.
Eligible tobacco means 1999 marketing year flue-cured tobacco,
(types 11, 12, 13 and 14).
Tobacco producer means one who possesses a beneficial interest in
eligible tobacco as defined in this subpart.
Sec. 1464.304 Loss requirements.
Except as otherwise determined by the Deputy Administrator
consistent with the provisions of Public Law. 106-113 authorizing the
payment of the $2.8 million, to qualify for payment under this part,
the person seeking the payment must have had a loss of eligible tobacco
in 1999 in North Carolina due to hurricanes Dennis, Floyd or Irene and
such loss must have been a quality or quantity loss on crops harvested
and placed in a warehouse and not yet sold at the time that the loss
occurred in the warehouse.
Sec. 1464.305 Signup.
(a) For losses in North Carolina (as provided for in Sec. 1464.304)
a request for benefits under this subpart must be submitted to the CCC
at the county FSA office that is designated as the administrative
office for the farm on which the tobacco was produced. All requests for
benefits and supporting documentation must be filed in the county FSA
office by the date established by the Deputy Administrator. However,
parties seeking an exception to the normal rules of eligibility in
Sec. 1464.304 shall, in lieu of filing a claim with the county
committee, file a petition directly with the Deputy Administrator. Such
petitions for exception must be filed by the date established by the
Deputy Administrator for filing requests for benefits and supporting
documentation, or fifteen days after the date of the publication of
this regulation, whichever is later, in order to be considered.
(b) Data furnished by the applicants will be used to determine
eligibility for program benefits. Furnishing the data is voluntary;
however, without it program benefits will not be provided.
Sec. 1464.306 Proof of loss.
(a) Tobacco producers must, in accordance with instructions issued
by the Deputy Administrator, provide adequate proof that they suffered
the claimed loss. The documentary evidence of the loss, quantity of the
loss and type of tobacco claimed for payment shall be reported to CCC
together with any supporting documentation as may be required under
paragraph (b) of this section.
(b) The tobacco producer shall provide any available supporting
documents that may be requested by the Farm Service Agency county
committee for purposes of verifying the loss. Examples of supporting
documentation include, but are not limited to: auction barn floor
sheets, transportation receipts, and any other documents available to
confirm the presence of the tobacco on the warehouse floor and the
subsequent losses. Certifications of third parties or the producer and
other such documentation as the county committee determines to be
necessary in order to verify the information provided by the producer
may be requested and be subject to review by the county committee.
Failure to provide documentation that is satisfactory to the county
committee will result in disapproval of the application by the county
committee.
(c) In all circumstances, tobacco producers shall certify the
accuracy of the information provided.
Sec. 1464.307 Benefits.
The payment amount shall be determined by apportioning the
available funds on a poundage basis among the timely claims that are
filed, with an allowance for a reserve to handle disputes. The Deputy
Administrator may make a preliminary payment before making a final
payment in which case later adjustments may be made and a refund may be
due from the payee to the CCC after such an adjustment.
Sec. 1464.308 [Reserved]
Sec. 1464.309 Offsets and assignments.
(a) Except as provided in paragraph (b) of this section, any
payment or portion thereof to any person shall be made without regard
to questions of title under State law and without regard to any claim
or lien against the crop, or proceeds thereof, in favor of the owner or
any other creditor except that the regulations governing offsets and
withholdings found at part 1403 of this chapter shall be applicable to
payments made under this part and such offsets and withholdings may be
taken against such payments.
(b) Any producer entitled to any payment may assign the right to
receive such payments, in whole or in part, as provided in part 1404 of
this chapter.
Sec. 1464.310 Misrepresentation and scheme or device.
(a) A producer who is determined to have erroneously represented
any fact affecting a program determination made in accordance with this
part shall not be entitled to payments and must refund all payments,
plus interest determined in accordance with part 1403 of this chapter.
(b) A producer who is determined to have knowingly:
(1) Adopted any scheme or device that tends to defeat the purpose
of the program;
(2) Made any fraudulent representation; or
(3) Misrepresented any fact affecting a program determination,
shall refund to
[[Page 36583]]
CCC all payments, plus interest determined in accordance with part 1403
of this chapter received by such producer with respect to all
applications and the producer's interest in all applications shall be
terminated.
Sec. 1464.311 Refunds to CCC.
(a) Persons who are party to the tobacco disaster assistance
program application must refund to CCC any excess payments made by CCC
with respect to such application.
(b) In the event that a benefit under this subpart was established
as the result of erroneous information provided by any person, the
benefit must be repaid with any applicable interest.
Sec. 1464.312 Cumulative liability.
The liability of any person for any penalty under this part or for
any refund to CCC or related charge arising in connection therewith
shall be in addition to any other liability of such person under any
civil or criminal fraud statute or any other provision of law
including, but not limited to, 18 U.S.C. 286, 287, 371, 641, 1001; 15
U.S.C. 714m; and 31 U.S.C. 3729.
Sec. 1464.313 Estate, trusts, and minors.
(a) Program documents executed by persons legally authorized to
represent estates or trusts will be accepted only if such person
furnishes evidence of the authority to execute such documents.
(b) A minor who is a producer shall be eligible for assistance
under this subpart only if such person meets one of the following
requirements:
(1) The right of majority has been conferred on the minor by court
proceedings or by statute;
(2) A guardian has been appointed to manage the minor's property
and the applicable program documents are executed by the guardian; or
(3) A bond is furnished under which the surety guarantees any loss
incurred for which the minor would be liable had the minor been an
adult.
Sec. 1464.314 Death, incompetence, or disappearance.
In the case of death, incompetence, or disappearance, of any person
who is eligible to receive assistance in accordance with this part,
such person or persons specified in part 707 of this title may receive
such assistance.
Sec. 1464.315 Appeals.
The appeal, reconsideration, or review of all determinations made
under this part, except the eligibility provisions for kinds of tobacco
and others for which there are no appeal rights because they involve
matters of general applicability, shall be allowed in accordance with
parts 11 and 780 of this title.
12. Add part 1479 to subchapter B of 7 CFR chapter XIV to read as
follows:
PART 1479--HARNEY COUNTY FLOOD ASSISTANCE
Sec.
1479.1 Applicability.
1479.2 Administration.
1479.3 Definitions.
1479.4 Application process.
1479.5 County committee determinations of general applicability.
1479.6 Loss criteria.
1479.7 Producer eligibility.
1479.8 Calculation of assistance.
1479.9 Availability of funds; payments.
Authority: Sec. 207, Pub. L. 106-113, 113 Stat. 1501.
Sec. 1479.1 Applicability.
This subpart sets forth the terms and conditions applicable to
flood assistance for Harney County, Oregon. Benefits will be provided
to eligible producers in Harney County, Oregon, on land where flooding
occurred during the 1999 crop year, and has been subject to flooding,
one of the years 1994 through 1998.
Sec. 1479.2 Administration.
(a) This program shall be, to the extent practicable and to the
extent not inconsistent with the provisions of this part, be
administered in the same manner as the program provided for in 7 CFR
part 1478 utilizing the regulations effective in that part as of March
1, 2000.
(b) The program will be administered under the general supervision
of the Executive Vice President, Commodity Credit Corporation (CCC),
and shall be carried out in the field by State and county Farm Service
Agency (FSA) committees.
(c) State and county FSA committees and representatives do not have
the authority to modify or waive any of the provisions of this part.
(d) The State FSA committee shall take any action required by this
part that has not been taken by a county FSA committee. The State FSA
committee shall also:
(1) Correct or require a county FSA committee to correct any action
taken by such county FSA committee that is not in accordance with this
part; and
(2) Require a county FSA committee to withhold taking or reverse
any action that is not in accordance with this part.
(e) No delegation herein to a State or county FSA committee shall
prevent the Deputy Administrator from determining any question arising
under the program or from reversing or modifying any determination made
by a State or county FSA committee.
(f) The Deputy Administrator may authorize the State and county
committees to waive or modify deadlines or other program requirements
in cases where lateness or failure to meet such other requirements does
not adversely affect the operation of the program or when, in his or
her discretion, it is determined that an exception should be allowed to
provide for a more equitable distribution of benefits consistent with
the goals of the program provided for in this part.
Sec. 1479.3 Definitions.
Terms in this part shall have the same meanings as those defined in
Sec. 1478.1 of this chapter. In addition, for purposes of this part and
notwithstanding any contrary definitions in part 718 of this title or
part 1478 of this chapter:
Application means the Form CCC-454, which was previously used for
the Flood Compensation Program formerly provided for in this chapter,
which form shall now be used for the program provided for in this part.
The CCC-454 shall be used to collect the information necessary to
determine the total acres flooded for purposes of this program.
Calendar year 1999 means January 1, 1999 through December 31, 1999.
Cropland means cropland as defined in part 718 of this chapter.
Forage means growing vegetation used for food for domestic animals.
NASS means the National Agricultural Statistics Service.
Sec. 1479.4 Application process.
(a) Producers must submit a completed application by the date
established by the Deputy Administrator. The application and any
supporting documentation shall be submitted to the county FSA office
with administrative authority over a producer's eligible flooded land
or to the county FSA office that maintains the farm records for the
producer.
(b) Producers shall certify as to the accuracy of all the
information being requested in the application, and provide any other
information to CCC that the county FSA office or committee deems
necessary to determine the producer's eligibility.
Sec. 1479.5 County committee determinations of general applicability.
(a) County committees shall determine whether land that is the
subject of the application is land that has suffered flood-related
production losses during calendar year 1999, and is at the same time
land to which the following apply:
[[Page 36584]]
(1) It is land that otherwise would have been used for crops or for
pasture and could not be used because it was inaccessible, incapable of
production, or the production was unusable during CY 1999, due to
flooding;
(2) The land was inaccessible, incapable of production, or the
production was unusable any one of the years 1994 through 1998, due to
flooding; and
(3) The land has, otherwise, a history of actual crop production or
use as pastureland at some time since 1990.
(b) In making the determination called for in paragraph (a) of this
section, the County committee shall use what it considers to be the
best information available including but not limited to: Extension
Service; Natural Resources Conservation Service; aerial photography;
rainfall data; and general knowledge of losses due to flooding.
(c) If the county Committee makes an affirmative determination
under paragraph (a) of this section, the producer with the affected
acreage shall be considered an ``eligible producer'' for purposes of
this part.
(d) For purposes of setting rental rates for calculations required
to be made elsewhere in this part the county committee shall use the
established rental rates for Harney County, for cropland and pasture-
land. These rates shall be reviewed by the State Committee and may be
equal to the estimated 5-year average rental rates for all such land of
each type in the county. The State Committee may take into account
rates established for the Conservation Reserve Program operated under 7
CFR part 1410 and ensure, subject to paragraph (e) of this section,
that the rates are comparable. The Deputy Administrator shall review
and may adjust the rates for reasonableness and consistency.
(e) Except as provided by the Deputy Administrator, rental rates
shall be established based on NASS data, if available for 1999.
Sec. 1479.6 Loss criteria.
(a)(1) The flooded land for which a producer requests benefits must
be within the physical boundary of Harney County, Oregon.
(b) To be eligible for benefits under this subpart, a producer in
Harney County and contiguous counties must have a tract of land that
meets all the following criteria:
(1) The land is cropland or pasture land intended to be used for
the production of feed for livestock (haying, grazing, or feed grain
production) or other agricultural use in CY 1999 and one of the years
1994 through 1998;
(2) The land, for calendar year 1999, was inaccessible or unable to
be used for crop production, grazing, or haying, or the production was
unusable because of flooding;
(3) The land has been owned, leased or under a binding cash lease
by the producer for crop year 1999;
(4) The land is a contiguous parcel of land with an area equal to
one acre or more;
(5) The land actually produced a crop, or was used for pasture,
during or after the 1990 crop year.
(c) On the CCC-454 producers shall be required to certify on each
farm the number of flooded cropland and non-cropland acres for the farm
in 1999.
(d) All determinations as to the amount of land eligible for
enrollment and compensation under this subpart are subject to approval
by the county committee.
(e) The county committee may use any available documentation to
make the determinations under paragraphs (b) and (c) of this section,
including but not limited to: maps, acreage reports, slides,
precipitation data, water table levels and disaster reports.
Sec. 1439.7 Producer eligibility.
(a) Producers in Harney County will be eligible to receive benefits
under this part only if they have suffered 1999-crop losses of eligible
crops as a result of flooding.
(b) Payments made for losses suffered by eligible producers under
this subpart shall be subject to the provisions of Secs. 1478.4 through
1478.12 of this chapter, and their successor regulations, except as
otherwise provided in this subpart.
(d) No person as defined and determined under part 1400 of this
chapter may receive more than $40,000 under this subpart.
(e) No person as defined and determined under part 1400 of this
chapter will be eligible for payment under this subpart if that
person's annual gross receipts for the 1998 tax year were in excess of
$2.5 million. That determination shall be made in the manner provided
for in Sec. 1478.6 of this chapter.
(f) The following entities are not eligible for benefits under this
subpart:
(1) State or local governments or subdivisions thereof; or
(2) Any individual or entity who is a foreign person as determined
in accordance with the provisions of Sec. 1400.501 and Sec. 1400.502 of
this chapter.
Sec. 1479.8 Calculation of assistance.
(a) The unadjusted value of this emergency assistance determined
with respect to the flooded land in Harney County for each producer
shall not exceed the amount obtained by adding paragraphs (b) and (c)
of this section.
(b) For each eligible producer with respect to the applicable
qualifying cropland, the number of qualifying acres will be multiplied
by the established local payment rate for cropland, as determined by
the county Committee in accordance with instructions of the Deputy
Administrator.
(c) For each eligible producer with respect to the applicable
qualifying pastureland or other land that does not meet the FSA
definition of ``cropland,'' the number of qualifying acres will be
multiplied by the established payment rate for ``non-cropland'' acres.
Sec. 1479.9 Availability of funds; payments.
In the event that the total amount of claims submitted under this
subpart exceeds the $1.09 million appropriated for the program provided
for in this part, payments otherwise calculated under Sec. 1478.8 shall
be reduced by a uniform percentage to allow for a proration of claims
within the appropriated amount. Such payment reductions shall be after
the imposition of applicable payment limitation provisions.
Applications for payment must be submitted by the time and in the
manner specified by the Deputy Administrator.
Signed at Washington, DC, on May 30, 2000.
Keith Kelly,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 00-13934 Filed 6-1-00; 3:45 pm]
BILLING CODE 3410-05-P