Title 7--AGRICULTURE
Chapter XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE


may apply with respect to Subpart G of this part or other subpart of this part as provided in such subpart, this part is applicable to the following programs (together with...


under the general supervision and direction of the Executive Vice President, Commodity Credit Corporation (CCC), and the Administrator, Farm Service Agency (FSA). In...


be applicable to this part and all documents issued in accordance with this part, except as otherwise provided in this section. (b) The following definitions shall...


payments through other than an Indian tribal venture is required to [[Page 298]] certify that they will not accrue total payments, including payments made to...


a person on all farms in which the person has an interest may be withheld or be required to be refunded if the person adopts or participates in adopting a scheme or...


receive payments under the programs specified in Sec. 1400.1 an individual or entity specified in Sec. Sec. 1400.202 through 1400.210 must have: (a) A share of the profits...


considered to be one person and the total payment received is in excess of the applicable payment limitation provision, such individuals or entities shall be jointly...


good faith on action or advice of an authorized representative of the Deputy Administrator may be accepted as meeting the requirements of this part to the extent the...


determinations made under this part in accordance with the appeal regulations set forth at part 780 of this title. With respect to such appeals, the applicable...


contained in this part have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been assigned OMB...


otherwise set forth in this part, for the 1996 program or fiscal year, the status of an individual or entity on July 12, 1996, shall be the basis on which determinations are made...


companies, corporations and other similar entities. (a) A limited partnership, limited liability partnership, limited liability company, corporation, or other...


as a person in accordance with the requirements of this part. However, members of a joint operation may request to be jointly treated as one person for the purposes...


the individual income beneficiaries of the trust except that a trust that has a sole income beneficiary shall not be considered to be a separate person from such...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1400.104] [Page 300] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1400--PAYMENT LIMITATION AND PAYMENT ELIGIBILITY--Table of Contents Subpart B--Person Determinations Sec. 1400.104 Estates. If the deceased individual had lived and would have been considered to be one person with respect to an heir, the estate shall also be considered to be one person with such heir. ...


husband and wife shall be considered to be one person except that a husband and wife, who: (1) Prior to their marriage were separately engaged in unrelated farming...


of this section, a minor, including a minor who is the beneficiary of a trust or who is an heir of an estate, and the parent or any court-appointed person such as a guardian...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1400.107] [Page 301] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1400--PAYMENT LIMITATION AND PAYMENT ELIGIBILITY--Table of Contents Subpart B--Person Determinations Sec. 1400.107 States, political subdivisions, and agencies thereof. A State, political subdivision and agencies thereof shall be considered to be one person. ...


club, society, fraternal or religious organization, shall be considered to be a separate person to the extent that such an entity is engaged in the production of crops as...


would increase the number of persons to which the provisions of this part apply must be bona fide and substantive. If bona fide, the following shall be considered to...


entity is actively engaged in farming. (a) To be considered a person who is eligible to receive payments with respect to a particular farming operation, a...


be actively engaged in farming with respect to a farming operation if the individual makes a significant contribution of: (a) Capital, equipment, or land, or a combination...


be considered to be actively engaged in farming with respect to a farming operation if the member makes a significant contribution of: (1) Capital, equipment, or...


companies, corporations and other similar entities. A limited partnership, limited liability partnership, limited liability company, corporation, or other...


engaged in farming with respect to a farming operation if: (a) The entity separately makes a significant contribution to the farming operation of capital, equipment,...


in which an individual dies the individual's estate shall be considered to be actively engaged in farming if: (1) The estate makes a significant contribution...


with an undivided interest in land, making a significant contribution of owned land to the farming operation, shall be considered to be actively engaged in...


by persons, a majority of whom are individuals who are family members, an adult family member who makes a significant contribution of active personal...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1400.209] [Page 303] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1400--PAYMENT LIMITATION AND PAYMENT ELIGIBILITY--Table of Contents Subpart C--Actively Engaged in Farming Determinations Sec. 1400.209 Sharecroppers. A sharecropper who makes a significant contribution of active personal labor to the farming operation shall be considered to be actively engaged in farming. ...


shall take into consideration the circumstances involving individuals who have died or become incapacitated during the program year or fiscal year, as applicable....


An individual or entity who does not satisfy all of the provisions of Sec. Sec. 1400.202 through 1400.210 and a landowner who rents land to a farming operation for cash or...


contract for a producer shall not be taken into account when making an actively engaged in farming determination with respect to such producer. However, such producer...


active duty in the military because of Operation Iraqi Freedom, or any other similar military operation, before a determination is made that the individual is actively engaged...


entity may receive a payment and required notification. (a) An individual may receive a payment under a program specified in Sec. 1400.1(a) either directly...


farming in accordance with the provisions of subpart C and conducts a farming operation in which the tenant rents the land for cash, for a crop share guaranteed as to the amount...


the United States or a lawful alien shall be ineligible to receive payments, loans and benefits, with respect to any commodity produced, or land set aside from production, on a...


executes a program contract or agreement under which a payment, loan, or benefit may be available must provide written notification to the county committee in the county...


unless otherwise noted. (a) For the 2003 through 2007 crop years, program years, or fiscal years, an individual or entity is not eligible for any payment...


(a) For purposes of this subpart, income from farming, ranching or forestry operations means income of an individual or entity derived from: (1) Producing crops, livestock...


income limitation, an individual or entity, including all interest holders in an entity, general partnership or joint venture, shall provide the following as required...


benefit subject to this subpart provided to an entity, general partnership or joint venture shall be reduced by an amount commensurate with the direct and indirect ownership...


programs administered by the Commodity Credit Corporation (CCC) or the Farm Service Agency (FSA) as determined and announced by the Secretary of Agriculture or a designee of...


payments in a form other than in cash to persons who otherwise are eligible to receive a cash payment from CCC. Further, subject only to statutory prohibition...


eligible to receive payments from CCC, including a person authorized to receive a payment on behalf of another person, may be required to liquidate such loans in accordance...


certificates will bear a dollar denomination. Such certificate may be transferred, exchanged for the inventory of CCC (including the receipt in accordance...


payments in the form of commodities. Quantities of commodities made available as payment shall be based upon the value of the commodity, as determined by CCC. Such quantity may...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1401.6] [Page 312] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1401--COMMODITY CERTIFICATES, IN KIND PAYMENTS, AND OTHER FORMS OF PAYMENT--Table of Contents Sec. 1401.6 Assignments. Notwithstanding any other provision of this chapter, a payment made under this part may not be the subject of an assignment, except as determined and announced by CCC. ...


shall apply to this part: (a) Part 13, Setoffs and Withholding. (b) Part 707, Payments Due Persons Who Have Died, Disappeared, or Been Declared Incompetent. ...


shall be considered to be a ``subsequent holder'' of the certificate. Subsequent holders of certificates who purchased a commodity certificate on or before January 1,...


sales offering information in the CCC Sales List which is published in press release form. The CCC Sales List will be revised and republished as necessary. CCC reserves...


commodities on the CCC Sales List. Offers accepted by CCC will be subject to terms and conditions prescribed by CCC. These terms include, among others, payment by cash...


furnished upon request addressed to the Director, Warehouse and Inventory Division, Stop 0553, 1400 Independence Avenue, SW, Washington,...


all sales not covered by this announcement. Inquiries with respect to such sales may be addressed to the Director, Warehouse and Inventory Division, Stop 0553, 1400...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1403.1] [Page 315] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1403--DEBT SETTLEMENT POLICIES AND PROCEDURES--Table of Contents Sec. 1403.1 Applicability. Except as may otherwise be provided by statute, this part sets forth the manner in which the Commodity Credit Corporation (CCC) will settle and collect debts by and against CCC. [54 FR 52878, Dec. 22, 1989, as amended at 56 FR 66955, Dec. 27, 1991] ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1403.2] [Page 315] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1403--DEBT SETTLEMENT POLICIES AND PROCEDURES--Table of Contents Sec. 1403.2 Administration. The regulations in this part will be administered under the general supervision and direction of the Executive Vice President, CCC and the Administrator, Farm Service Agency (FSA). ...


of processing delinquent debts against the debtor, to the extent such costs are attributable to the delinquency. Such costs include, but are not limited to, costs incurred...


or hand-delivered to the debtor. If the debt is not paid in full by the date specified in the initial demand letter, or if a repayment schedule acceptable to CCC has not...


Government, including applicable interest, penalties, and administrative costs, in full, whenever feasible whether the debt is being collected by administrative offset or by...


evidence of inability to pay a claim in full by the specified date. The size and frequency of installment payments shall: (1) Bear a reasonable relation to the...


in this part and part 1404 of this Chapter. This section is not applicable to: [[Page 318]] (1) CCC requests for administrative offset against...


to a debtor by CCC to ensure that the interests of CCC and the United States will be protected as provided in this section. (b) A payment may be withheld to protect...


to CCC becomes delinquent after January 1, 1990, unless the debtor and CCC agree otherwise. (2) Late payment interest provisions of this section shall not apply: ...


support loans, CCC shall waive the collection of late payment interest and administrative charges on a debt or any portion of a debt which is paid within 30 days after the...


of this title or any other appeal procedure, a debtor may obtain an administrative review under part 780 of this title, or other applicable appeal procedures, of...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1403.12] [Page 323] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1403--DEBT SETTLEMENT POLICIES AND PROCEDURES--Table of Contents Sec. 1403.12 Additional administrative collection action. Nothing contained in this part shall preclude the use of any other administrative or contractual remedy which may be available to CCC to collect debts owed to the Government. [56 FR 66956, Dec. 27, 1991] ...


or the Coast Guard, and collection by offset cannot be accomplished in accordance with 5 U.S.C. 5514, CCC may contact the employing agency to arrange for payment of...


subject to administrative review at the debtor's request as provided under another statute or regulation before: (a) Effecting administrative offset; (b) Referring...


be discharged and the records and accounts on that debt closed in the following situations: (1) When an obligation or part thereof is discharged in bankruptcy; (2)...


CCC and the rights that will be afforded to farm producers when CCC reports delinquent debts to credit reporting agencies. (b) Before disclosing information to a...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1403.17] [Page 325] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1403--DEBT SETTLEMENT POLICIES AND PROCEDURES--Table of Contents Sec. 1403.17 Referral of debts to Department of Justice. Debts which cannot be collected in accordance with these regulations may be referred to the Department of Justice for collection action. ...


tax refunds due to debtors under 26 U.S.C. 6402, in accordance with the provisions of 31 U.S.C. 3720A and Treasury...


Form 1099-G only the amounts specified in paragraph (b) of this section. (b) The following discharged debts may be reported to IRS: (1) The amount of a debt discharged...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1403.20] [Page 325] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1403--DEBT SETTLEMENT POLICIES AND PROCEDURES--Table of Contents Sec. 1403.20 Referral of debts to private collection agencies. If CCC's collection efforts have been unsuccessful after 90 days and the delinquent debt remains unpaid, CCC may refer the debt to a private collection agency for collection. ...


for collection of 1988 and 1989 advance deficiency overpayments (``overpayments''). (b) The following definition shall be applicable to this section: ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1404.1] [Page 326] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1404--ASSIGNMENT OF PAYMENTS--Table of Contents Sec. 1404.1 General statement. This part sets forth the manner in which a person may assign a cash payment which is made by the Farm Service Agency (FSA) or the Commodity Credit Corporation (CCC). Such payments may only be assigned in the manner set forth in this part. ...


made in accordance with this part. (2) Assignor means any person who is the recipient of a payment from FSA or CCC who assigns the payment to another person in...


by FSA or CCC, any payment due a person from FSA or CCC may be assigned. [54 FR 52883, Dec. 22, 1989, as amended at 56 FR 361, Jan....


CCC-252. Form CCC-36 is applicable to payments made under programs administered in accordance with 7 CFR parts 701, 704, 1413, 1430, 1468, 1472 and 1475. Such form is...


earned under the program or contract covered by the assignment. Any indebtedness owed by the assignor to CCC, FSA, or any other agency of the United States shall be subject...


CCC-36, CCC-251 or CCC-252, FSA or CCC shall give notice thereof to the assignor and the assignee. If, after investigation and opportunity for the assignor and...


be liable in any suit if payment is made to the assignor without regard to the existence of any assignment, and nothing contained herein shall be construed...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1404.9] [Page 328] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1404--ASSIGNMENT OF PAYMENTS--Table of Contents Sec. 1404.9 OMB Control Numbers assigned pursuant to the Paperwork Reduction Act. The information collection requirements contained in this part have been approved by the Office of Management and Budget under the provisions of 44 U.S.C. 35 and have been assigned OMB control number 0560-0004. ...


such other means as deemed appropriate by CCC the rate of interest that is applicable to CCC loans shall be equal to the rate of interest charged by the U.S. Treasury for...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1405.2] [Page 328] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1405--LOANS, PURCHASES, AND OTHER OPERATIONS--Table of Contents Sec. 1405.2 Basic rule of fractions. Fractions shall be rounded in accordance with the provisions of 7 CFR part 718. ...


continue to apply to the 1991 through 1995 crops of agricultural commodities, to milk produced on or before May 1, 1996, and to contracts entered into prior to any amendments...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1405.4] [Page 328] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1405--LOANS, PURCHASES, AND OTHER OPERATIONS--Table of Contents Sec. 1405.4 Delegations of authority. The delegations of authority relating to the CCC programs and activities are set forth in the by-laws of CCC and in dockets approved by the CCC Board of Directors. Copies of the By-laws and the dockets may be obtained from the Secretary of CCC. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1405.5] [Page 328] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1405--LOANS, PURCHASES, AND OTHER OPERATIONS--Table of Contents Sec. 1405.5 Notice and comment. The level of loans, purchases and payments made in accordance with the programs set forth in this chapter shall be determined without regard to the notice and comment provisions of 5 U.S.C. 553. ...


least the catastrophic level of insurance for each crop of economic significance in which the producer has an interest or provide a written waiver to the Secretary that...


required reporting period, the allowable levels under the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act), CCC will, as determined by...


person who willfully and intentionally provides any false or inaccurate information to the Federal Crop Insurance Corporation (FCIC) or to an approved insurance provider...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1407.1] [Page 330] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1407--DEBARMENT AND SUSPENSION--Table of Contents Sec. 1407.1 Purpose. This part specifies the policies that CCC will follow in taking action to debar or suspend individuals or firms from participation in Federal nonprocurement and procurement activities. ...


potential participants in CCC's nonprocurement activities. (b) The debarring and suspending official for nonprocurement actions taken by CCC shall be as follows: For...


potential participants in CCC's procurement activities. CCC will apply the provisions of 48 CFR part 409, subpart 409.4, in such actions, with the exception that...


the ``Government in the Sunshine Act'' (5 U.S.C. 552b) to make available to the public, to the fullest extent practicable, information regarding the decision process of the Board...


(b) The term Director means an individual who is a member of the Board of Directors of Commodity Credit Corporation and includes the Secretary of Agriculture, who is...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1409.3] [Page 331] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1409--MEETINGS OF THE BOARD OF DIRECTORS OF COMMODITY CREDIT CORPORATION--Table of Contents Sec. 1409.3 Open meetings. Every portion of every meeting of the Board of Directors will be open to public observation except as provided in Sec. Sec. 1409.4 and 1409.5 of this part. ...


any information pertaining to such meeting otherwise required by Sec. 1409.3 of this part to be disclosed to the public may be withheld, where the Board determines that...


meetings of the Board will be closed to the public pursuant to exemptions 4, 8, (9)(i) and 10 of Sec. 1409.4(a) of this part. These meetings will include deliberations such...


one week before each Board meeting of (i) the time and place of the meeting, (ii) subject matter of the meeting, except to the extent that such information is exempt...


Board meeting, or portion thereof which is closed to the public pursuant to a vote under Sec. 1409.5 of this part: (1) A copy of the General Counsel's certification...


promptly available to the public the transcript, electronic recording, transcription of the recording, or minutes of the discussion of any item on the agenda of a Board...


Board's compliance with the Government in the Sunshine Act, including a tabulation of the total number of open meetings, the total number of closed meetings, the reasons...


President, Commodity Credit Corporation (CCC), the Administrator, Farm Service Agency (FSA), or a designee, or the Deputy Administrator, FSA. In the field, the regulations...


this part, except as otherwise provided in this section. (b) The following definitions shall be applicable to this part: Agricultural commodity means any crop...


during the contract period in return for financial and technical assistance. (b) A participant must obtain and adhere to a conservation plan prepared in accordance...


WRP may not exceed 25 percent of the total cropland in the county; further, no more than 10 percent of the cropland may be subject, in the aggregate, to a CRP or...


or tenant of eligible land and: (1) If an operator of eligible land, seeking to participate without the owner, must have operated such land for at least 12 months prior...


subject to a conservation plan and has been annually planted or considered planted, as defined in Sec. 1410.2, to an agricultural commodity in 4 of the 6 crop years from 1996...


of 10 years. (b) In the case of land devoted to riparian buffers, filter strips, restoration of wetlands, hardwood trees, [[Page 342]] shelterbelts,...


(b) Subject to CCC review, State FSA committees, in consultation with NRCS and the State Technical Committee, may designate conservation priority areas within guidelines...


highly erodible cropland, subject to such contract, that is devoted to permanent vegetative cover, from such cover to hardwood trees, (including alley cropping and riparian...


or that was restored to wetlands while under such contract, may, if approved by CCC, subject to any restrictions as may be imposed by law, apply to transfer such...


Program within the overall Conservation Reserve Program provided for in this part. (b) As determined by the Deputy Administrator, owners and/or operators may...


such CRP contract; [[Page 344]] (2) Implement the conservation plan, which is part of such contract, in accordance with the schedule of dates included in...


cost with participants of establishing eligible practices specified in the conservation plan at the levels and rates of cost-sharing determined in accordance with the...


the conservation district for the land to be entered in the CRP. If the conservation district declines to review the CRP conservation plan, or disapproves the conservation...


(1) Establish permanent vegetative or water cover, including introduced or native species of grasses and legumes, forest trees, and permanent...


that CCC may hold a continuous signup for land to be devoted to particular uses, as CCC deems necessary. Generally, continuous signup is limited to those offers that...


are willing to accept as rental payments to enroll their acreage in the CRP. The offers may, to the extent practicable, be evaluated on a competitive basis in which the...


is comprised of: (1) The terms and conditions for participation in the CRP; (2) The CRP conservation plan; and (3) Any other materials or agreements...


in the CRP; (2) Permit the production of an agricultural commodity under extraordinary circumstances during a crop year on all or part of the land subject to the...


identifiable unit thereof, has been established in compliance with the appropriate standards and specifications. (b) Except as otherwise provided for in this part,...


actual or average cost of establishing eligible practices specified in the conservation plan. CCC may allow cost-share payments for maintenance costs, consistent with...


such time schedule as may be agreed upon and specified in the CRP contract. (b) Annual rental payments, except for land accepted that was formerly enrolled under...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1410.43] [Page 349] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1410--CONSERVATION RESERVE PROGRAM--Table of Contents Sec. 1410.43 Method of payment. Except as provided in Sec. 1410.50, payments made by CCC under this part may be made in cash or other methods of payment in accordance with part 1401 of this chapter, unless otherwise specified by CCC. ...


annually as determined under the standards set out in part 1400 of this chapter which shall be applicable in making adjusted gross income determinations as they apply to...


approved conservation reserve state enhancement program, payments shall be made in the form of cash only. The provisions that limit the amount of payments per year that a...


land subject to a CRP contract, as determined by the Deputy Administrator, such new owner or operator, upon the approval of CCC, may become a participant to a new CRP contract...


(2) If the CRP contract is terminated by CCC in accordance with this paragraph: (i) The participant shall forfeit all rights to further payments under such contract...


contract is not in conformity with this part, these regulations shall prevail, and CCC may, at its sole discretion, terminate or modify the CRP contract, effective immediately or at...


the action or advice of an authorized representative of the Department shall be applicable to this part, and may be considered as a basis to provide relief to persons subject...


to this program, be provided by the offeror or participant as the case may be, with access to land that is: (1) The subject of an application for a contract under...


in the applicable contract and CCC shall ensure that producers who would have an interest in acreage being offered receive treatment that is equitable, as determined by...


under this part shall be allowed without regard to questions of title under State law, and without regard to any claim or lien in favor of any creditor, except agencies of...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1410.58] [Page 351] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1410--CONSERVATION RESERVE PROGRAM--Table of Contents Sec. 1410.58 Assignments. Participants may assign the right to receive such cash payments, in whole or in part, as provided in part 1404 of this chapter. ...


of an adverse determination in accordance with the administrative appeal regulations at parts 11 and 780 of this title. (b) Determinations by NRCS assigned...


of any program, payment otherwise due or paid such person during the applicable period may be required to be refunded with interest thereon as determined appropriate by...


false claim, such participant shall be ineligible for payments under this part with respect to the program year in which the false information or claim was filed and the...


payments due under this part shall be paid to the participant's successor(s) under part 707 of this title. (b) Unless otherwise specified in this part, payments under...


acreage during the contract period. (b) Commercial shooting preserves may be operated on CRP acreage provided: (1) The commercial shooting preserve is licensed by...


Oct. 21, 2002, unless otherwise noted. This part governs: (a) How crop acreage bases and farm program payment yields are established or updated by owners of...


administered under the general supervision of the Executive Vice-President, CCC, and shall be carried out by Farm Service Agency (FSA) State and county committees (State and...


forth in this section shall be applicable for all purposes of administering the DCP. The terms defined in part 718 of this title and part 1400 of this chapter shall also...


and review of any adverse determination made under this part in accordance with the appeal regulations found at parts 11 and 780 of...


1412.201 Election of base acres. Source: 67 FR 64751, Oct. 21, 2002, unless otherwise noted. (a) No later than April 1, 2003, owners on a farm may...


1412.202 Failure to make election. If an owner fails to make an election for establishing base acres on a farm by April 1, 2003 in accordance with Sec. 1412.201,...


1412.203 Base acres and Conservation Reserve Program. (a) Subject to paragraphs (d) and (e) of this section, eligible producers may, at the beginning of each...


1412.204 Limitation of total base acreage on a farm. (a) The sum of the following shall not exceed the total DCP cropland acreage on the farm, plus...


1412.301 Direct payment yields for covered commodities, except soybeans and other oilseeds. Source: 67 FR 64751, Oct. 21, 2002, unless...


1412.302 Direct payment yield for soybeans and other oilseeds. (a) The direct payment yield for soybeans and each other oilseed for the farm shall be...


1412.303 Payment yield for counter-cyclical payments for covered commodities. (a)(1) The counter-cyclical payment yield for covered commodities on the...


1412.304 Submitting production evidence. (a)(1) Reports of production evidence must be submitted by producers when the owner elects to: (i) Partially...


1412.305 Incorrect or false production evidence. (a) If production evidence is false or incorrect, as determined by the county committee, the county...


through 2007 and for Peanuts 2003 through 2007 Sec. 1412.401 Direct and counter-cyclical program contract. Source: 67 FR 64751,...


through 2007 and for Peanuts 2003 through 2007 Sec. 1412.402 Eligible producers. Producers eligible to enter into a contract...


through 2007 and for Peanuts 2003 through 2007 Sec. 1412.403 Reconstitutions. Farms shall be reconstituted in accordance with part 718...


through 2007 and for Peanuts 2003 through 2007 Sec. 1412.404 Notification of base acres. The owner and all producers on a farm shall...


through 2007 and for Peanuts 2003 through 2007 Sec. 1412.405 Reducing base acreage. (a)(1) Subject to the limitation in paragraph...


through 2007 and for Peanuts 2003 through 2007 Sec. 1412.406 Succession-in-interest to a direct and counter-cyclical program contract. ...


through 2007 and for Peanuts 2003 through 2007 Sec. 1412.407 Planting flexibility. (a) Any crop may be planted and harvested on...


through 2007 and for Peanuts 2003 through 2007 Sec. 1412.408 Redistributing base acreage. (a)(1) Subject to the limitation in...


1412.501 Limitation of direct and counter-cyclical payments. Source: 67 FR 64751, Oct. 21, 2002, unless otherwise noted. (a) The sum total of...


Sec. 1412.502 Direct payment provisions. (a) For 2003 through 2007 contracts, a final direct payment shall be made to eligible producers on a farm enrolled...


Sec. 1412.503 Counter-cyclical payment provisions. (a) For the 2002 through 2007 contracts, a counter-cyclical payment shall be made to eligible producers on...


Sec. 1412.504 Sharing of contract payments. (a) Each eligible producer on a farm shall be given the opportunity to annually enroll in a contract and...


1412.505 Provisions relating to tenants and sharecroppers. Neither direct nor counter-cyclical payments shall be made by CCC if: (a) The landlord...


Source: 67 FR 64751, Oct. 21, 2002, unless otherwise noted. (a) Except as provided in paragraph (b) of this section, violations of contract requirements shall result...


acreage reporting violations. (a)(1) If an acreage report of fruits, vegetables or wild rice planted on base acreage of a farm enrolled in DCP is inaccurate but...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1412.603] [Page 373] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1412--DIRECT AND COUNTER-CYCLICAL PROGRAM AND PEANUT QUOTA BUYOUT PROGRAM--Table of Contents Subpart F--Contract Violations and Diminution in Payments Sec. 1412.603 Contract liability. All signatories to a contract are jointly and severally liable for contract violations and resulting repayments and penalties. ...


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...


(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...


As a condition of eligibility for direct and counter-cyclical payments, the operator or owner must submit a report of all cropland acreage on the farm in accordance with part 718...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1412.607] [Page 374] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1412--DIRECT AND COUNTER-CYCLICAL PROGRAM AND PEANUT QUOTA BUYOUT PROGRAM--Table of Contents Subpart F--Contract Violations and Diminution in Payments Sec. 1412.607 Compliance with highly erodible land and wetland conservation provisions. The provisions of part 12 of this title apply to this part. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1412.608] [Page 374] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1412--DIRECT AND COUNTER-CYCLICAL PROGRAM AND PEANUT QUOTA BUYOUT PROGRAM--Table of Contents Subpart F--Contract Violations and Diminution in Payments Sec. 1412.608 Controlled substance violations. The provisions of part 718 of this title apply to this part. ...


1412.701 Determination of 4-year peanut acreage average. Source: 67 FR 64751, Oct. 21, 2002, unless otherwise noted. (a) The Deputy...


Sec. 1412.702 Determination of average peanut yield. (a) The Deputy Administrator shall determine, for each historic peanut producer, the average yield for...


1412.703 Assignment of average peanut yields and average peanut acreages to farms. (a) The Deputy Administrator shall give each historical peanut producer...


FR 61472, Oct. 1, 2002, unless otherwise noted. Redesignated at 67 FR 64751, Oct. 21, 2002. The regulations in this subpart govern the Peanut Quota Buyout...


will be administered under the general supervision of the Executive Vice President, CCC, and shall be carried out by the Farm Service Agency (FSA) State and county...


this section shall apply for all purposes of administering the Peanut Quota Buyout. The terms defined in part 718 of this title and part 1400 of this chapter shall also...


and review of any adverse determination made under this part in accordance with the appeal regulations found at parts 11 and 780 of...


for persons who are not the peanut quota holder of record. (a) Enrollment for the Peanut Quota Buyout Program begins September 3, 2002, and ends November...


(a) A person shall be eligible for a payment under this part only if CCC has determined the person to be an ``eligible peanut quota holder'' for purposes of this part. To be...


will, on a per-farm basis, offer to enter into a contract with each eligible peanut quota holder on such farm under which CCC will provide a payment in five equal installments...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1412.808] [Page 378] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1412--DIRECT AND COUNTER-CYCLICAL PROGRAM AND PEANUT QUOTA BUYOUT PROGRAM--Table of Contents Subpart H--Peanut Quota Buyout Program Sec. 1412.808 Contract liability. All signatories to a contract are jointly and severally liable for contract violations and resulting repayments and liquidated damages. ...


A person who is determined to have: (a) Erroneously represented any fact affecting a program determination made in accordance with this subpart; (b) Adopted...


(a) Except as provided in paragraph (b) of this section, any payment or portion thereof made to any person under this subpart shall be made without regard to questions of title...


provisions of part 12 of this title, the controlled substance provisions of part 718 of this title, and the payment limitation provisions of part 1400 of this chapter shall not...


Farm Security and Rural Investment Act of 2002 provides that $20,000,000 of the funds of CCC shall be available during the 2003 through the 2005 crop years for producers...


carried out by the Farm Service Agency (FSA) State and county committees (State and county committees). (b) State and county committees, their representatives...


Wheat Incentive Program established by this part. Application period means the date established by the Deputy Administrator for producers of hard white wheat to apply...


2003 through 2005 crop years during the application period announced by the Deputy Administrator. Applications are available from any county FSA office. Applicants must submit...


Sec. 1413.101(b) and (c) for any or all of the years 2003 through 2005. Producers are eligible to receive both the certified seed and production incentive in the...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1413.106] [Page 380] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1413--HARD WHITE WHEAT INCENTIVE PROGRAM--Table of Contents Sec. 1413.106 Quality. The hard white wheat must be grade 2 or higher under the grading standards, established by the Federal Grain Inspection Service (FGIS). [[Page 381]] ...


crop years is $20 million. To ensure that funds are available for each of the 2003 through 2005 crop years, payments may be factored based on total eligible producers for any...


the production incentive payment for any year shall be the smaller of: (1) The actual number of bushels harvested from the acres certified on the application; or ...


accordance with Sec. 1413.108 (2) Times $0.20. (b) Payment for the certified hard white wheat planting incentive shall be the product of: (1) The number of...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1413.110] [Page 381] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1413--HARD WHITE WHEAT INCENTIVE PROGRAM--Table of Contents Sec. 1413.110 Offsets and withholdings. CCC may offset or withhold payments approved under this part in accordance with part 1403 of this chapter. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1413.111] [Page 381] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1413--HARD WHITE WHEAT INCENTIVE PROGRAM--Table of Contents Sec. 1413.111 Assignments. Persons entitled to a HWWIP payment may assign their rights to such payments in accordance with part 1404 of this chapter. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1413.112] [Page 381] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1413--HARD WHITE WHEAT INCENTIVE PROGRAM--Table of Contents Sec. 1413.112 Appeals. Any producer who is dissatisfied with a determination made pursuant to this part may request reconsideration or appeal such determination in accordance with parts 11 and 780 of this title. ...


apply to payments made under this part. (b) The payment limitation provisions of part 1400 of this title shall not be applicable to payments made under this part. ...


(a) The regulations of this subpart are applicable to the 2002 through 2007 crops of barley, small chickpeas, corn, grain sorghum, lentils, oats, dry...


program shall be administered under the general supervision of the Executive Vice President, CCC and shall be carried out in the field by FSA State and...


program administration. Terms defined in part 718 of this title and parts 1412 and 1425 of this chapter also apply, except where they conflict with the definitions in...


(1) Be an individual, partnership, association, corporation, estate, trust, State or political subdivision or agency thereof, or other legal entity that produces...


collateral for a loan made under this part are: (1) Barley, corn, grain sorghum, oats, canola, peanuts, soybeans, oilseeds, wheat, dry peas, lentils, small chickpeas, rice...


loans or loan deficiency payments, a producer must have the beneficial interest in the commodity that is tendered to CCC for a marketing assistance loan or...


(a) A producer must, unless authorized by CCC, request marketing assistance loans and loan deficiency payments at the county office that, under part 718 of this title,...


loan deficiency payments for: (1) Farm-stored commodities, all determinations of weight, and quality, [[Page 388]] except as otherwise agreed to...


commodity may be established on a State, regional, county basis or other basis and may be adjusted by CCC to reflect quality and location and other factors applicable to...


grain sorghum, oats, wheat, dry peas, lentils, small chickpeas, oilseeds, and other crops as designated by CCC, a producer may repay a nonrecourse marketing assistance...


loans, and producers with such loans shall allow CCC access to the farm and storage facility as necessary to conduct collateral inspections, or ``spot checks'' as...


collateral at the prevailing world market price for rice, or the alternative repayment rate for all other commodities, as CCC determines or receives a loan deficiency...


a producer will be paid only upon the producer's request. (b) Deficiencies of $9.99 or less, including interest, may be disregarded unless demand for payment is made...


be obtained through: (1) County offices; or (2) A designated Marketing Association or a CMA approved by CCC. (b) The loan documents shall not be presented...


otherwise noted. This subpart provides the terms and conditions for marketing assistance loans offered by CCC. Additional terms and conditions are also in the...


mature on demand by CCC and no later than the last day of the 9th calendar month following the month in which the note and security agreement is filed and approved except,...


are established under Sec. 1421.9 and will be adjusted or not adjusted as follows: [[Page 392]] (1) For farm-stored commodities, except for peanuts, that...


(1) A storage structure located on or off the farm, (excluding public warehouses that do not enter into an agreement with CCC), that CCC determines to be controlled by the...


service center shall file or record, as required by State law, all security agreements that are issued with respect to commodities pledged as collateral for marketing...


of a commodity pledged as security for a farm- storage loan shall: (1) Certify the quantity of such commodity on the loan application, or; (2) Have such...


(a) A commodity may be pledged as collateral for a warehouse-stored marketing assistance loan in the quantity delivered to CCC for storage at a warehouse that meets standards...


CCC under Sec. 1421.3 for marketing assistance loans must meet the provisions of this section and all other provisions of this part, and CCC program documents. ...


the producer before transfer, the county committee may approve the transfer of a quantity [[Page 397]] of a commodity that is pledged as collateral for a farm-stored...


obtains a commodity marketing assistance loan, the producer agrees, in writing, not to: (1) Provide an incorrect certification of the quantity or make any fraudulent...


nonrecourse marketing assistance loan at a rate that is the lesser of: (1) The loan rate and charges, plus interest determined for a crop; or (2) The prevailing...


assistance loan, a producer may purchase a commodity certificate and exchange that commodity certificate for the marketing assistance loan collateral. (b)...


marketing assistance loan shall be made by CCC on the following basis: (1) For nonrecourse marketing assistance loans, the schedule of premiums and discounts for the...


warehouse-stored loan, title to the unredeemed collateral securing the marketing assistance loan shall immediately vest in CCC. (2) Upon maturity and nonpayment of a...


recourse marketing assistance loans available to eligible producers of high moisture corn, high moisture grain sorghum and other eligible loan commodities as determined by the...


otherwise noted. (a) During the loan availability period, loan deficiency payments will be made available to eligible producers when the alternative...


rate for a crop shall be the amount by which the loan rate for the crop exceeds the rate at which CCC has announced that producers may repay their loans under Sec. 1421.10. ...


may be based on 100 percent of the net eligible quantity specified on acceptable evidence of production of the commodity certified as eligible for loan deficiency payment...


a loan deficiency payment, the producer agrees: (1) When signing the Loan Deficiency Payment Application and Certification or the Direct Loan Deficiency...


Source: 66 FR 13404, Mar. 6, 2001, unless otherwise noted. Redesignated at 67 FR 63511, Oct. 11, 2002. (a) The regulations in this subpart...


(a) This subpart shall be administered by the Farm Service Agency (FSA) under the general direction and supervision of the Executive Vice President, CCC...


The definitions set forth in this section shall be applicable for all purposes of program administration under this subpart: COC means the FSA county...


Eligible producer and eligible land. (a) To be an eligible producer for a payment under this subpart, the person must be a producer of wheat, barley, oats, or triticale in...


and method for application. Application for the program provided in this subpart must be received, at the county office that is responsible for administering programs...


Payment amount. (a) The grazing payment rate shall be the loan deficiency payment in effect [[Page 406]] for the farm on the date which the producer submits...


and scheme or device. (a) A producer shall be ineligible to receive payments under this subpart if it is determined by DAFP, the State committee, or the...


Refunds; joint and several liability. (a) In the event there is a failure to comply with any term, requirement, or condition for payment arising under this application,...


General statement and administration. Source: 44 FR 67078, Nov. 23, 1979, unless otherwise noted. Redesignated at 67 FR 63511, Oct. 11, 2002. (a)...


Basic standards. Unless otherwise provided in this subpart, each warehouseman and each of the warehouses owned or operated by such warehouseman for which...


Bonding requirements for net worth. A bond furnished by a warehouseman under this subpart must meet the following requirements: (a) Such bond shall be executed...


Examination of warehouses. Except as otherwise provided in this subpart, a warehouse must be examined by a person designated by CCC before it may be approved by CCC...


Exceptions. Notwithstanding any other provisions of this subpart: (a) The financial, bond, and original and periodic warehouse examination provisions of this...


Approval of warehouses, requests for reconsideration. (a) CCC will approve a warehouse if it determines that the warehouse meets the standards set forth in this...


Exemption from requirements. If warehousing services in any area cannot be secured under the provisions of the subpart and no reasonable and economic alternative...


Contract and application and inspection fees. (a) Each warehouseman who has a non-federally licensed grain or rice warehouse in States that do not have a...


OMB control numbers assigned pursuant to Paperwork Reduction Act. The information collection requirements contained in this regulation (7 CFR part 1421) have been approved...


1423.1 General statement and administration. Source: 44 FR 67081, Nov. 23, 1979, unless otherwise noted. (a) This subpart prescribes the requirements...


1423.2 Basic standards. Unless otherwise provided in this subpart, each warehouseman and each of the warehouses owned or operated by such warehouseman for which...


1423.3 Bonding requirements for net worth. A bond furnished by a warehouseman under this subpart must meet the following requirements: (a) Such bond shall be...


1423.4 Examination of warehouses. Except as otherwise provided in this subpart a warehouse must be examined [[Page 415]] by a person designated by...


1423.5 Exceptions. Notwithstanding any other provisions of this subpart: (a) The financial, bond, and original and periodic warehouse examination provisions of...


1423.6 Approval of warehouse, requests for reconsideration. (a) CCC will approve a warehouse if it determines that the warehouse meets the standards set forth in this...


1423.7 Exemption from requirements. (a) If warehousing services in any area cannot be secured under the provisions of this subpart, and no reasonable and...


1423.8 OMB control numbers assigned pursuant to Paperwork Reduction Act. The information collection requirements contained in this regulation (7 CFR part...


or as may be limited by law, the terms and conditions a bioenergy producer must meet to obtain payments under this program and part from the Commodity Credit...


President or designee. The Executive Vice President or a designee may authorize a waiver or modification of deadlines and other program requirements in cases where lateness...


Agreement means the Bioenergy Program Agreement or other form prescribed by CCC that must be executed for participation in the program. Application means the application...


program payments, a producer must maintain records indicating for all relevant FY's and FY quarters: (1) The use of eligible commodities in bioenergy production; (2)...


or multiple FY's. However, multiple FY agreements require producers to submit annual production estimate reports during each applicable FY sign-up period. Such reports...


eligibility report for each quarter. Submit the last quarterly application or report of the FY within 30 calendar days of the end of the FY for which payment is requested....


inputs that exceeds, for the program year to date, their total comparable production at all locations as compared to the comparable portion of the previous year. Producers...


shall be as determined appropriate by CCC and shall [[Page 420]] not exceed $150 million in any of FY's 2003 through 2006. (b) For agreements...


each relevant bioenergy producing facility quarterly through the end of the applicable FY as specified by CCC or as otherwise needed to establish compliance with...


succeed to the program agreement and CCC may grant such request if it is determined that permitting such succession would serve the purposes of the program. If appropriate,...


available at one place at all reasonable times for examination by representatives of USDA, all books, papers, records, contracts, scale tickets, settlement sheets,...


Operations, Farm Service Agency, United States Department of Agriculture, STOP 0550, 1400 Independence Avenue, SW., Washington, D.C. 20250-0550. The appeal must...


(1) Adopted any scheme or device that tends to defeat the purpose of the program in this part; (2) Made any fraudulent representation; or (3) Misrepresented any...


under State law and without regard to any claim or lien against the bioenergy, or proceeds thereof, in favor of the owner or any other creditor except agencies of...


commodity marketing assistance loans (loans) and loan deficiency payments (LDP's) from CCC on behalf of its members. A CMA meeting these terms and conditions may obtain...


supervision of the Deputy Administrator for Farm Programs. In the field, the provisions of this part will be administered by the State and county...


defined in parts 718 of this title and parts 1421 and 1427 of this chapter shall also be applicable, except where those definitions conflict with the definitions in...


the 2002 through 2007 crop years, a cooperative must submit an application for approval to CCC. An application must include: (1) A completed Form CCC-846...


a CMA, whether for initial approval or continued approval, shall be kept confidential by the officers, agents, and employees of CCC and the Department of Agriculture...


LDP's. (b) CCC may approve a CMA to participate in a marketing assistance loan and Loan deficiency payment program for the 2002 through 2007 crops as: ...


(1) Operated according to the CMA's application for approval or its last recertification submission; (2) Complied with applicable regulations; (3)...


(1) Active members own more than 50 percent of its allocated equity; and (2) A majority of directors are active members of the CMA or authorized representatives...


the statute regulating the CMA. (b) Notwithstanding paragraph (a) of this section, a CMA may refuse membership to an applicant whose admission would prejudice, hinder,...


have a current ratio of at least 1 dollar of current assets for each 1 dollar of current liabilities (current ratio of 1:1 or better) on the balance sheet it submits to CCC...


a loan pool. (b) The identification number used by the member to report acreage on applicable farms to FSA must appear on the...


be produced by its members for the CMA to obtain a loan or LDP for such crop. CCC may, for a period not to exceed 2 years, waive this requirement if: (1) The CMA...


collateral for a loan, to place a lien on such commodity, and to market the commodity on behalf of its members even though the individual members retain the right, in...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1425.16] [Page 425] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1425--COOPERATIVE MARKETING ASSOCIATIONS--Table of Contents Sec. 1425.16 Payment limitation. CMA's shall monitor market gains they receive from CCC on behalf of their members and not obtain market gains for a member above the member's payment limitation determined in accordance with part 1400 of this chapter. ...


(b) Loans and, if applicable, LDP's will be available to CMA's for any eligible commodity in a loan pool as provided in paragraph (e) of this section and the beneficial...


to members participating in the pool: (i) Based on the quantity and quality of the commodity delivered by each member; (ii) Less any authorized charges...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1425.19] [Page 427] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1425--COOPERATIVE MARKETING ASSOCIATIONS--Table of Contents Sec. 1425.19 Member cooperatives. A CMA may obtain loans or LDP's on behalf of a member cooperative when the member cooperative is itself a CMA operating in accordance with this part. Loans and LDP's are restricted based on the CMA obtaining the loan or LDP. ...


each member and nonmember; (2) Eligible for loans and LDP's; (3) By quality factors specified in the applicable commodity regulations including class, grade, and...


five years after the applicable crop year and shall be available to CCC for inspection and examination at all reasonable times. (b) At any time after an application is...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1425.23] [Page 427] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1425--COOPERATIVE MARKETING ASSOCIATIONS--Table of Contents Sec. 1425.23 Reports. (a) CMA's shall annually provide CCC a report of all commodity deliveries involved in loans and LDP's by FSA farm number for each member. (b) When requested by CCC, CMA's shall report market gains received on behalf of each member. ...


CFR 1425) have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been assigned OMB...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1425.25] [Page 427] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1425--COOPERATIVE MARKETING ASSOCIATIONS--Table of Contents Sec. 1425.25 Appeals. Parts 11 and 780 of this title apply to this part. [67 FR 64459, Oct. 18, 2002] ...


(a) The regulations of this subpart are applicable to the 2002 through 2007 crops of upland cotton and extra long staple cotton. These regulations set forth the...


be administered under the general supervision of the Executive Vice President, CCC, or a designee and shall be carried out by FSA employees, and state and...


administration regarding the cotton loan and loan deficiency payment programs. The terms defined in part 718 of this title and parts 1412, 1421, 1425 and 1434 of this...


(1) Be an individual, partnership, association, corporation, estate, trust, State or political subdivision or agency thereof, or other legal entity that produces cotton as a...


a crop of cotton, a producer must execute a note and security agreement or loan deficiency payment application on or before May 31 of the year following the year in...


by: (1) County in CCC and FSA offices; (2) Loan servicing agents; or (3) An approved cotton clerk who has entered into a written agreement with CCC on a...


no later than the last day of the 9th calendar month following the month in which the note and security agreement is filed under Sec. 1427.5(a). (2) CCC may at any...


determined and announced by CCC and made available at State and county offices. (b) The quantity of cotton which may be pledged as collateral for a loan shall be the...


shall include [[Page 436]] color grade, leaf, staple length, extraneous matter and micronaire, and for upland cotton, strength readings. All cotton tendered...


stored at warehouses approved by CCC. (1) Persons desiring approval of their facilities should contact the Kansas City Commodity Office, P.O. Box 419205, Kansas...


warehouse receipts only if the warehouse receipts meet the definition of a warehouse receipt and provide for delivery of the cotton to bearer or are properly assigned...


a loan, waivers that fully protect the interest of CCC must be obtained before disbursement even though the liens or encumbrances are satisfied from the loan proceeds....


fee to CCC or, if applicable, to a loan servicing agent, at a rate determined by CCC. Such fee shall be in addition to a cotton clerk fee paid under paragraph (b) of...


to assist persons or firms which, in the course of their regular business of handling cotton for producers, have made advances to eligible producers on cotton eligible to...


store, insure, or reinsure the cotton against any risk, or otherwise handle or deal with the cotton as it may deem necessary or appropriate for the purpose...


related documents will be maintained in the custody of CCC, its designee, the loan servicing agent, or the cotton commercial bank, whichever disbursed the loan evidenced by...


obtaining a marketing assistance loan or loan deficiency payment or in maintaining or settling a loan, or disposes of or moves the loan collateral without the...


in this section. (b) A producer, an authorized agent or anyone subsequently designated by the producer in the manner prescribed by CCC may redeem one or more bales...


be paid to the producer only at their request. Deficiencies of $9.99 or less, including interest, may be disregarded unless CCC demands in writing that they...


and quantity of the cotton delivered to CCC by the producer or acquired by CCC. (b) Settlements made by CCC for eligible cotton which are acquired by CCC which...


a producer may purchase a commodity certificate and exchange that commodity certificate for the marketing assistance loan collateral. (b) The exchange rate is the...


payments, the producer of the upland cotton must: (1) Comply with all of the upland cotton marketing assistance loan eligibility requirements under this...


cotton. (a) CCC shall determine the world market price for upland cotton as follows: (1) During the period when only one daily price quotation is available...


(a) Regulations in this subpart are applicable during the period beginning August 1, 1991, and ending July 31, 2008. These regulations set forth the terms and...


produced baled upland cotton which bale is opened by an eligible domestic user on or after August 1, 1991, and on or before July 31, 2008, or exported by an...


shall be considered eligible domestic users and exporters of upland cotton: (1) A person regularly engaged in the business of opening bales of eligible upland...


made available to eligible domestic users and exporters who have entered into an Upland Cotton Domestic User/Exporter Agreement with CCC and who have complied with the terms...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1427.106] [Page 449] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1427--COTTON--Table of Contents Subpart C--Upland Cotton User Marketing Certificates Sec. 1427.106 Form of payment. Payments under this subpart shall be made available in the form of commodity certificates issued under part 1401 of this chapter, or in cash, at the option of the program participant. ...


for purposes of calculating payments made under this subpart shall be determined as follows for exporters for cotton shipped on or after July 18, 1996, and for...


(1) The payment rate, determined under Sec. 1427.107, by (2) The net weight (gross weight minus the weight of bagging and ties), determined under paragraph (b) of this...


(a) This subpart is applicable to the 2002 through 2007 crops of upland and extra long staple seed cotton. These regulations set forth the terms and conditions under which recourse...


cotton shall be administered under the general supervision of the Executive Vice President, CCC, or a designee and shall be carried out in the field by State and county...


office for the county which, under part 718 of this title, is responsible for administering programs for the farm on which the cotton was produced and which will assist...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1427.164] [Page 452] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1427--COTTON--Table of Contents Subpart D--Recourse Seed Cotton Loans Sec. 1427.164 Eligible producer. An eligible producer must meet the requirements of Sec. 1427.4. ...


by an eligible producer and must: (1) Be in existence and in good condition at the time of disbursement of loan proceeds; (2) Be stored in identity-preserved lots...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1427.166] [Page 452] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1427--COTTON--Table of Contents Subpart D--Recourse Seed Cotton Loans Sec. 1427.166 Insurance. The seed cotton must be insured at the full loan value against loss or damage by fire. ...


a loan, waivers that fully [[Page 453]] protect the interest of CCC must be obtained even though the liens or encumbrances are satisfied from the loan proceeds....


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1427.169] [Page 453] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1427--COTTON--Table of Contents Subpart D--Recourse Seed Cotton Loans Sec. 1427.169 Fees, charges, and interest. (a) A producer shall pay a non-refundable loan service fee to CCC at a rate determined by CCC. (b) Interest which accrues for a loan shall be determined under part 1405 of this chapter. ...


shall be determined by the county office by multiplying the weight or estimated weight of seed cotton by the lint turnout factor determined under paragraph (b) of...


(excluding public warehouses) which is determined by a county committee representative to afford adequate protection against loss or damage and which is located within...


all or any part of the loan seed cotton by paying to CCC the amount of the loan, plus interest and charges. (b)(1) A producer or the producer's agent shall not remove...


has not been ginned and pledged as collateral for a nonrecourse loan under subpart A of this part by the seed cotton loan maturity date may be removed from storage by CCC...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1427.174] [Page 455] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1427--COTTON--Table of Contents Subpart D--Recourse Seed Cotton Loans Sec. 1427.174 Maturity of seed cotton loans. Seed cotton loans mature on demand by CCC but no later than May 31 following the calendar year in which such crop is normally harvested. ...


a loan, maintaining a loan, or settling a loan or if the producer disposes of or moves the loan collateral without the prior approval of CCC, such loan amount shall...


Authority: Secs. 4 and 5, 62 Stat. 1070, as amended, 1072, as amended (15 U.S.C. 714 b and c). Source: 44 FR 67085, Nov. 23, 1979, unless...


in this subpart, each warehouseman and each of the warehouses owned or operated by such warehouseman for which CCC approval is sought for the storage or handling...


A bond furnished by a warehouseman under this subpart must meet the following requirements: (a) Such bond shall be executed by a surety which: (1) Has been approved...


Except as otherwise provided in this subpart, a warehouse must be examined by a person designated by CCC before it may be approved by CCC for the storage and handling of the commodity...


other provisions of this report: (a) The financial bond and original and periodic warehouse examination provisions of this subpart do not apply to any...


(a) CCC will approve a warehouse if it determines that the warehouse meets the standards set forth in this subpart. CCC will send a notice of approval to...


(a) If warehousing services in any area cannot be secured under the provisions of this subpart and no reasonable and economical alternative is available for securing such services...


who has a non-federally licensed cotton warehouse must pay an annual contract fee for each such warehouse for which the warehouseman requests renewal of an existing...


Reduction Act. The information collection requirements contained in this regulation (7 CFR part 1427) have been approved by the Office of Management and...


(a) This subpart sets forth the terms and conditions under which the Commodity Credit Corporation (CCC) shall provide payments under the cottonseed payment program for the...


President, CCC, or a designee and carried out by employees of the Farm Service Agency (FSA). (b) Representatives and employees of FSA have no authority to...


provided for in this subpart. The terms defined in Sec. 1427.3 of this part shall also be applicable to this subpart. Application period means a period, as...


(a) Have been grown in the United States during the 2002-crop production period. (b) Have been ginned by the applicant from 2002-crop cotton. (c) Not have...


cottonseed shall be a gin that ginned 2002-crop cotton. (b) Applicants must comply with the terms and conditions set forth in this subpart and instructions issued by...


to eligible first handlers of cottonseed based on information provided on a Cottonseed Payment Program Application and Certification. (b) Payment applications must...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1427.1106] [Page 461] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1427--COTTON--Table of Contents Subpart F--2002-Crop Cottonseed Payment Program Sec. 1427.1106 Available funds. The total available program funds shall be $50 million for 2002-crop cottonseed. ...


by CCC based on the eligible number of ginned cotton bales and the cotton lint weight from those bales as submitted on the Cottonseed Payment Application and...


United States is potentially eligible for payment under this subpart. The total payment quantity of cottonseed will be the total of eligible quantities of cottonseed for...


available in accordance with this subpart shall be determined by CCC by dividing the total available program funds by the total eligible payment quantity of...


for individual applicants by multiplying: (1) The payment rate, determined in accordance with Sec. 1427.1109, by (2) The eligible payment quantity of...


obtaining a cottonseed payment under this part, or in connection with such a payment engages in a scheme or device that tends to defeat the purposes of this...


64459, Oct. 18, 2002, unless otherwise noted. (a) These regulations set forth the terms and conditions under which CCC shall make payments, in the form...


use of eligible ELS cotton by a domestic user in the manufacture in the United States of ELS cotton products. Cotton product means any product containing cotton fibers...


purposes of this subpart, eligible ELS cotton is domestically produced baled ELS cotton that is: (1) Opened by an eligible domestic user on or after October 1, 1999, or ...


(a) For the purposes of this subpart, the following persons shall be considered eligible domestic users and exporters of ELS cotton: (1) A person regularly engaged in...


(a) Payments under this subpart shall be made available to eligible domestic users and exporters who have entered into an ELS Cotton Domestic User/Exporter Agreement...


subpart shall be made available in the form of commodity certificates issued under part 1401 of this chapter, or in cash, at the option of the participant, as CCC determines...


for payments made under this subpart shall be determined as follows: (1) Beginning the Thursday following August 1 and ending the week in which the current LFQ and...


subpart shall be determined by multiplying: (1) The payment rate, determined under Sec. 1427.127, by (2) The net weight (gross weight minus the weight of bagging and...


For purposes of this subpart, unless the context indicates otherwise, the following definitions shall apply: AMS means the Agricultural Marketing Service, USDA. CCC...


to farmers marketing milk containing 3.67 percent milkfat from dairy cows is $9.90 per hundredweight for calendar year 2002 through 2007. (2) Subject to paragraph (b)...


(a) This subpart governs the Milk Income Loss Contract Program. This program provides financial assistance to dairy operations in connection with milk production that is...


the Executive Vice President, CCC, or a designee, and shall be carried out by Farm Service Agency (FSA) State and county committees and employees. (b) State and...


administering the Milk Income Loss Contract (MILC) program established by this subpart. CCC means the Commodity Credit Corporation of the Department. Class I...


(a) Have produced milk in the United States and commercially marketed the milk produced anytime during the period of December 1, 2001, through September...


subpart must be submitted on a form as prescribed by the Agency. Contract applications shall be submitted to the FSA office [[Page 469]] serving the county...


the 2003 Fiscal Year, a dairy operation that enters into a MILC, and does not want its payments to begin with the first month of the fiscal year, must designate the...


under Sec. 1430.208 on the quantity of eligible production marketed by the dairy operation during the period beginning December 1, 2001, and ending on the last day of...


be determined by CCC, based on the quantity of milk that was produced and commercially marketed by each dairy operation per fiscal year. (b) The maximum quantity of...


made to dairy operations when the Boston Class I milk price under the applicable Federal milk marketing order is below $16.94 per cwt. No payments will be made to dairy...


instructions issued by the Deputy Administrator, provide adequate proof of the dairy operation's eligible production during the months of each fiscal year designated in the...


serves special groups or communities, such as an Amish or Mennonite community. Producers in such groups in a dairy operation may authorize an agent of a dairy cooperative...


elsewhere in this subpart, contracts under this subpart entered into by producers in a dairy operation shall cover eligible production marketed by the producers in the...


any changes that may affect their MILC. Changes include, but are not limited to changes to the starting month to receive payment for the next fiscal year, death of...


restructure such that the constitution or makeup of their operation is reconstituted in another organizational framework. However, any operation that changes after December...


this subpart, CCC may: (1) Terminate the MILC for the remainder of the fiscal year in which the violation occurs, and allow the producer to retain any...


does not comply with this subpart as the result of a misunderstanding by someone who has signed the contract, the contract may be modified by mutual agreement. If the...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1430.217] [Page 472] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1430--DAIRY PRODUCTS--Table of Contents Subpart B--Milk Income Loss Contract Program Sec. 1430.217 Offsets and withholdings. CCC may offset or withhold any amount due CCC under this subpart under the provisions of part 1403 of this chapter or any successor regulations. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1430.218] [Page 472] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1430--DAIRY PRODUCTS--Table of Contents Subpart B--Milk Income Loss Contract Program Sec. 1430.218 Assignments. Any producer may assign a payment to be made under this part in accordance with part 1404 of this chapter or successor regulations as designated by the Department. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1430.219] [Page 472] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1430--DAIRY PRODUCTS--Table of Contents Subpart B--Milk Income Loss Contract Program Sec. 1430.219 Appeals. Any producer who is dissatisfied with a determination made pursuant to this subpart may request reconsideration or appeal of such determination under part 11 or 780 of this title. ...


the MILC program if FSA determines that it knowingly: [[Page 473]] (1) Adopted a scheme or device that tends to defeat the purpose of this program; ...


to represent estates or trusts will be accepted only if such producers furnish evidence of the authority to execute such documents. (b) A minor who is...


dissolution of a producer that is eligible to receive benefits under this part, such persons as are specified in part 707 of this title may receive such benefits,...


program must maintain accurate records and accounts that will document that they meet all eligibility requirements specified herein, as may be requested by CCC or FSA....


failure to comply with any term, requirement, or condition for payment arising under the MILC application, or this subpart, all improper payments shall be refunded to...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1430.225] [Page 473] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1430--DAIRY PRODUCTS--Table of Contents Subpart B--Milk Income Loss Contract Program Sec. 1430.225 Violations of highly erodible land and wetland conservation provisions. The provisions of part 12 of this title apply to this part. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1430.226] [Page 473] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1430--DAIRY PRODUCTS--Table of Contents Subpart B--Milk Income Loss Contract Program Sec. 1430.226 Violations regarding controlled substances. The provisions of Sec. 718.11 of this title apply to this part. Subpart C [Reserved] [[Page 474]] ...


1135; Pub. L. 106-387, 114 Stat. 1549. Source: 64 FR 24934, May 10, 1999, unless otherwise noted. This subpart establishes the Dairy Market...


and 1430.360 shall be applied to this subpart in the same manner as they are applied to the subpart in which they are located. (b) The provisions of Sec. Sec....


all purposes of administering the Dairy Market Loss Assistance Program established by this subpart. Application means the Dairy Market Loss Assistance Program...


CCC-1040 (Dairy Market Loss Assistance Program Payment Application), in person, by mail, by telephone, or by facsimile from any county FSA office. In addition, applicants...


dairy operation must: (1) Have produced and marketed milk commercially in the United States anytime during the fourth quarter of 1998; (2) Indicate all...


accordance with instructions issued by the Deputy Administrator, provide adequate proof that the dairy operation was commercially marketing milk anytime during the fourth...


made to dairy operations only on the first 26,000 cwt of milk produced by them from cows in the United States actually marketed in the United States during the base period....


receive assistance under this program if it is determined by the State committee or the county committee to have: (1) Adopted any scheme or device which tends to defeat...


program must [[Page 477]] maintain accurate records and accounts that will document that they meet all eligibility requirements specified in this subpart and...


with any term, requirement, or condition for payment arising under the application, or this subpart, and if any refund of a payment to CCC shall otherwise become due...


new producers in 1999 or 2000 and not affiliated with other eligible producers may receive payments from sums made available after October 27, 2000 based on their...


made available to dairy operations in connection with normal milk production that is sold on the commercial market. (b) For supplemental payments made under this section,...


nonrecourse marketing assistance loans or loan deficiency payments for honey. Marketing loan gains and loan deficiency payments shall be limited per person in the amounts set...


of the Executive Vice President, CCC, and shall be carried out in the field by State and county Farm Service Agency (FSA) committees. (b) State and county...


program administration. The terms defined in part 718 of this title shall also be applicable except where those definitions are inconsistent with the definitions set forth...


under this part, a person must: (1) Have produced honey in the United States during the calendar year for which a loan is requested and extracted on or...


eligible producer; (b) Have been produced in the United States during the calendar year for which a loan is requested and extracted on or before December 31 of such...


a producer must have the beneficial interest in the honey that is tendered to CCC for a loan. The producer must always have had the beneficial interest in the honey unless,...


of a storage structure located on or off the farm that is determined by CCC to be under the control of the producer and affords safe storage for honey pledged as collateral for...


or metal containers of a capacity of not less than 5 gallons or greater than 70 gallons. The IBC container is a bulk container with a polyethylene inner bottle with...


be based on 100 percent of the net weight in pounds of such quantity certified by the producer and verified by the county office representative for honey on Form...


by CCC, request loans and loan deficiency payments at the appropriate FSA county office responsible for administering the program as provided under part 718 of this...


service fee shall be the smaller of one-half of 1 percent (.005) times the gross loan amount or $45 per loan plus $3 for each storage structure over one. (b) Interest...


all other security interests. (b) The county office shall file or record, as required by State law, all financing statements needed to perfect a security interest in...


not transfer either the remaining interest in, or right to redeem, the honey pledged as collateral for a loan on honey nor shall anyone acquire such interest or right. Subject...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1434.14] [Page 483] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1434--NONRECOURSE MARKETING ASSISTANCE LOAN AND LDP REGULATIONS FOR HONEY--Table of Contents Sec. 1434.14 Loss or damage. The producer is responsible for any loss in quantity or quality of the honey pledged as collateral for a loan. CCC shall not assume any loss in quantity or quality of the loan collateral. ...


deficiency payment, each producer agrees: (1) When signing Form CCC-633 (Honey), Honey Loan Certification and Worksheet and Form CCC-677, Farm Storage Note and...


of any honey pledged as collateral for a loan until prior written approval for such removal or disposition has been received from the county committee in accordance with...


payment of the amount of loan, plus any charges, plus interest. (b) If a producer fails to settle the loan in accordance with paragraph (a) of this section within 30...


a rate that is the lesser of: (1) The principal, plus interest; or (2) The alternative repayment rate for honey as determined by the Secretary. (b) To the...


(a) With respect to nonrecourse loans, the schedule of premiums and discounts for the commodity: (1) If the value of the collateral at settlement is less than...


the loan shall vest in CCC. (b) If the total amount due on a loan or the unpaid amount of the note and charges, plus interest is not satisfied upon maturity, CCC...


honey. (b) In order to be eligible to receive loan deficiency payment for a crop of honey, the producer must: (1) Comply with all of the program requirements to...


making small payments and handling small accounts, amounts of $9.99 or less that are due the producer will be paid only upon the producer's request. Deficiencies of $9.99...


death, incompetency, or disappearance of any producer who is entitled to the payment of any sum in settlement of a loan, payment shall, upon proper application to the county office...


years under which the Commodity Credit Corporation (CCC) will: (a) Make loans and enter agreements with eligible processors, (b) Collect data from sugarcane...


program administration. Terms defined in part 718 of this title are also applicable. Ability to market means the estimated quantity of sugar, raw value, as CCC...


the right of access to the premises of any sugar beet processor, sugarcane processor, cane sugar refiner, importer of sugars, syrups, and molasses, or of any other person...


Executive Vice President, CCC, and [[Page 491]] may be carried out in the field by FSA State and county committees. (b) State and county committees,...


persons who have died, disappeared, or have been declared incompetent. (b) Part 718--Provisions applicable to multiple programs. (c) Part 780--Appeal regulations. ...


which CCC will make nonrecourse loans available to eligible processors. Additional terms and conditions are set forth in the loan application and note and security...


is 18 cents per pound. (b) The national average loan rate for refined beet sugar from domestically-grown sugar beets is 22.90 cents per pound. (c)...


domestically-grown sugar beets or sugarcane, including share rent landowners, at both the time of harvest and the time of delivery to the processor, except those...


(1) File a loan application, as CCC prescribes, no earlier than October 1 and no later than September 30 of the applicable crop year, with the State committee of...


and conditions of the loan application, note and security agreement and storage agreement; (2) Pay interest on the principal at a rate determined in part 1405 of...


or any part of the loan collateral by paying CCC the applicable principal and interest. (b) Forfeiture of sugar loan collateral will be accepted as payment in full...


parts 3 and 1403 of this title are applicable to the program set forth in this subpart. (b) A producer or processor may obtain reconsideration and review of...


cane sugar refiner, and importer of sugar, syrup, and molasses shall report, on a monthly basis on CCC required forms, its imports and receipts, processing...


molasses who willfully fails or refuses to furnish the information, or who willfully furnishes false data required under Sec. 1435.200, is subject to a civil penalty of...


marketing allotments for: (1) Processor marketings of sugar domestically processed from sugar beets, (2) Processor marketings of sugar processed...


beginning of the crop year, CCC will estimate, and make re-estimates as necessary but not later than the beginning of each quarter of such crop year, the: (1) Quantity...


CCC will establish the overall allotment quantity, beet sugar and cane sugar allotments, State cane sugar allotments, and allocations for processors marketing sugar...


be calculated by deducting from the sum of estimated sugar consumption and reasonable carryover stocks: (a) 1,532,000 short tons, raw value; and (b)...


will be adjusted, as CCC determines appropriate, (1) To avoid forfeiture of sugar loan collateral to CCC, and (2) To reflect changes in estimated consumption,...


of the overall allotment quantity. (b) The allotment for cane sugar will be 45.65 percent of the overall allotment quantity. (c) A sugar beet processor...


325,000 short tons, raw value, of the cane sugar allotment. (b) A new entrant cane State will receive an allotment to accommodate a new processor's allocation...


of the beet allotment will be calculated as the beet processor's share times the beet sector allotment: (1) A beet processor's share is calculated as the...


is closed and the growers that delivered their crops to the closed facility elect to deliver their crops to another processor, the growers may petition the...


or sugarcane processors will be able to market their respective allocations. (b) Sugarbeet and sugarcane processors will report to CCC, by April 15, current...


must provide CCC a certification that: (1) The processor intends to share its allocation among its producers fairly and equitably, and in a manner...


of this section and Sec. Sec. 1435.312 through 1435.316 apply only to Louisiana sugarcane farms. (b) CCC will determine whether Louisiana sugar production, in...


a sugarcane crop acreage base for each farm subject to proportionate shares as the simple average of the acreage planted and considered planted for harvest for sugar or seed...


(a) A sugarcane producer on a farm may transfer all or a portion of the producer's acreage base history of land owned, operated, or controlled to any other farm in the State that...


the control of a producer on a farm, such producer is unable to harvest sugarcane acreage relative to all or a portion of the proportionate share established for the farm,...


natural disaster or other condition beyond the control of producers adversely affecting a sugarcane crop, the amount of sugarcane produced by producers subject to...


failed acreage shall be required on farms that produce sugarcane for sugar or seed. Such report shall also specify the total acreage intended for harvest for sugar and seed. ...


may modify any processor's allocation or any producer's proportionate share on the same basis as the initial allocation or proportionate share was required to...


of 1938, as amended, any sugar beet or sugarcane processor who knowingly markets sugar or sugar products in excess of the processor's allocation in violation of Sec....


under this subpart may request reconsideration of such determination by filing a written request with the Executive Vice President, CCC, detailing the basis of the...


processors throughout the United States who, acting in conjunction with the producers of the sugarcane or sugar beets processed by the processors, reduce sugar...


by this subpart is in effect, processors who desire to participate in the program must submit a bid to CCC, on a form prescribed by CCC, that specifies: (1) For...


of sugar beets or sugarcane from production, CCC will rank bids on the basis of the bid amount as a percentage of the expected sugar produced from the retired...


payments in the form of sugar held in CCC inventory. (b) To the maximum extent practicable, CCC will use its inventory in making an in-kind payment based on the...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1435.404] [Page 504] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1435--SUGAR PROGRAM--Table of Contents Subpart E--Processor Sugar Payment-In-Kind (PIK) Program Sec. 1435.404 Timing of distribution of CCC-owned sugar. Distribution of sugar from CCC inventory will occur in such manner as CCC determines appropriate. [[Page 505]] ...


desugarizing capacity or other measures of sugar production as CCC determines. (b) The contract shall provide for the payment of liquidated damages if a...


for producers to build or upgrade on-farm storage and handling facilities. Because liens and security interests related to this activity may be governed by state law, CCC...


the Executive Vice President, CCC or designee and shall be carried out in the field by FSA State committees, FSA county committees and FSA employees. (b) FSA State...


in all aspects of administering this program: Aggregate outstanding balance means the sum of the outstanding balances of all loans disbursed under this part to each...


records of the farm or farms to which the application applies. With State office approval, loans may be made or serviced by a county office other than the...


or processor of domestically produced sugarcane or sugar beets: (1) Has a satisfactory credit history according to the definition in Sec. 1436.3 and...


facilities and permanently affixed drying and handling equipment, for the remodeling of existing storage facilities, or for permanently affixed drying and handling equipment...


except in the case of a sugar-related loan in which case CCC, at its discretion, may authorize a loan of 15 years. The minimum term of a sugar-related loan is 7 years....


covering the farm storage facility. The promissory note and security agreement shall grant CCC a security interest in the collateral and shall be perfected in the...


accessories, and services to the applicant after discounts and rebates, not to exceed a maximum per-bushel cost established by the FSA State committee. (b)...


the amount of the loan determined in accordance with Sec. 1436.9 shall be made by the loan applicant to the supplier or contractor before the loan is disbursed. (b) The...


delivered, erected, constructed, assembled, or installed and a CCC representative has inspected and approved such facility. (b) Disbursement will be made only if...


charged on [[Page 512]] Treasury securities of comparable maturity on the date the loan is approved. (b) The interest rate for each loan will remain...


be amortized over the loan term for purposes of setting a payment schedule. Installments are due and payable not later than the last day of each 12- month period of the loan,...


all collateral securing the note evidencing the loan. To protect its interests, CCC may pay any unpaid taxes with respect to the collateral securing a loan made in...


for the storage of one or more of the facility loan commodities. For purpose of this section the term ``loan collateral'' shall mean any property of any kind that was...


may be sold by CCC whenever CCC has declared the entire indebtedness immediately due and payable under this part as follows: (1) If a demand for payment is not received by...


loan, an environmental evaluation will be completed to determine if the proposed action will have any adverse impacts on the environment and cultural resources. (b)...


which there are no appeal rights because they are determined rules of general applicability, must be in accordance with parts 11 and 780 of...


through contractual or other arrangement, subject any person or cause any person to be subjected to discrimination on the basis of race, religion, color, national origin,...


(NAP) is intended to provide eligible producers of eligible crops coverage equivalent to the catastrophic risk protection level of crop insurance. NAP is designed to...


of the Executive Vice-President, CCC (who also serves as Administrator, Farm Service Agency), and shall be carried out by State and county FSA committees (State...


in this section shall be applicable for all purposes of administering the Noninsured Crop Disaster Assistance Program provided for in this part. Although the terms defined in...


yield or prevented planting is available to producers of eligible commercial crops or other agricultural commodities, as determined by CCC, for which: (1) Catastrophic...


coverage is available against loss of production of the eligible crop as a result of natural disaster. (b) The coverage period for annual crops, including annual...


crop, commodity or acreage, producers must file an application for coverage under this part no later than the application closing date. (b) The service fee must be paid...


yields, and production for the crop for which an application for coverage is filed in accordance with Sec. 1437.5. For those crops or commodities for which it...


acreage of the eligible crop in the administrative county operated by the same producer(s). In cases where the owners of land are also producers, units shall be further...


must be damaged or prevented from being planted by drought, flood or other natural disasters and conditions related thereto. Not all named perils are eligible causes of...


producer having a share in the unit must provide a notice of loss to CCC in the administrative FSA office for the unit, within: (1) For prevented planting claims, 15...


price will be used to calculate assistance under this part and will be: (1) A dollar value per the applicable unit of measure of the eligible crop; (2)...


this part, CCC will, at its discretion, define crops as specified in this section. (b) CCC may separate or combine types and varieties as a crop when specific...


under this part and benefits under any other program administered by the Secretary for the same crop loss, the producer must choose whether to receive the other...


made in excess of $100,000 per person per crop year under this part. (b) NAP payments shall not be made to a person who has qualifying gross revenues in excess of $2 million...


this part, producers must be in compliance with the highly erodible land and wetlands provisions of part 12 of this title. (b) The provisions of Sec. 718.11 of...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1437.101] [Page 524] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1437--NONINSURED CROP DISASTER ASSISTANCE PROGRAM--Table of Contents Subpart B--Determining Yield Coverage Using Actual Production History Sec. 1437.101 Actual production history. Actual production history will be used, except as otherwise indicated in this part, as the basis for providing noninsured crop disaster assistance. ...


on yields shall be made on ``approved yields'', which shall be calculated based on the producer's APH for that period up to ten years for which, of the first time such a yield...


Except to the extent that the loss calculation provisions of other subparts apply, and subject to limitations set out elsewhere in this part and in this title and to the availability...


benefits under this part includes table and non-table honey produced commercially. (b) All of a producer's honey will be considered a single crop, regardless of type...


is limited to maple sap produced on private property for sale as sap or syrup. Eligible maple sap must be produced from trees that: (1) Are located on land the...


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. (b)...


(a) Subject to limitations, availability of funds, and specific provisions dealing with specific crops, a payment for prevented planting will be determined by: (1)...


assess losses and calculate assistance for a few crops and commodities which do not lend themselves to yield loss situations. Assistance for these commodities is...


the availability of funds, value loss payments for qualifying losses will be determined by: (a) Multiplying the field market value of the crop before the disaster by...


a value loss crop and is compensable only in accord with restrictions set in this section. Eligible aquacultural species shall only include: (1) Any species of...


as specified in paragraph (d) of this section, is a value loss crop and is compensable only in accord with restrictions set in this section. Eligible floriculture shall...


is a value loss crop and is compensable only in accord with restrictions set out in this section. Eligible ornamental nursery stock is limited to field-grown and...


crop and may generate a claim for benefits under this part only if the tree was grown exclusively for commercial use as a Christmas tree, and only if other requirements...


and is only compensable in accord with the restrictions of this section. To be eligible, the mushrooms must be grown as a commercial crop in a facility with a...


only as allowed in this section. Ginseng is eligible only if: (1) The ginseng includes stratified seeds for use as propagation stock in a commercial ginseng operation...


and is the upper stratum of soil bound by mature grass and plant roots into a thick mat produced in commercial quantities for sale. (b) Specific species, types or varieties...


are value loss crops and eligibility will be limited to ornamental plants grown for commercial sale and seeds and transplants produced for commercial sale as propagation stock. ...


(a) Forage eligible to generate benefits under this part is limited to vegetation produced for animal consumption in a commercial operation using acceptable...


(a) CCC will establish a carrying capacity for all grazed forage present in the county for purposes of administering this program and to that end: ...


Subject to payment limits, availability of funds, and other limits as may apply, payments for losses of forage reported to FSA as intended to be grazed will...


requirements under the Paperwork Reduction Act; OMB control number. An agency may not conduct or sponsor, and a person is not required to respond to,...


set forth the terms and conditions applicable to programs that may be made available to livestock producers under various statutory provisions. Unless otherwise specified,...


to the Deputy Administrator for Farm Programs under the general direction and supervision of the Executive Vice President, CCC. The program shall be carried out in...


all subparts contained in this part unless otherwise noted, or unless the definitions conflict with the definitions in subparts other than this subpart A, in which case...


any person under this part shall be allowed without regard to questions of title under State law, and without regard to any claim or lien in favor of any person except agencies...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1439.5] [Page 536] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1439--EMERGENCY LIVESTOCK ASSISTANCE--Table of Contents Subpart A--General Provisions Sec. 1439.5 Assignments of payments. Payments that are earned by a person under this part may be assigned in accordance with the provisions of part 1404 of this chapter and the applicable FSA or CCC forms for assignments. ...


this part may make a request for reconsideration or appeal of such determination in accordance with the appeal regulations set forth at parts 780 and 11 of...


under any program under this part, and be subject to such other remedies as may be allowed by law, if, with respect to such program, it is determined by the...


failure to comply with any term, requirement, or condition for payment or assistance arising under this part, and if any refund of a payment to CCC shall otherwise become due...


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...


accordance with part 1400 of this chapter, shall be entitled to receive under any subpart may not exceed $40,000 for any one loss or year. Also, the Deputy Administrator...


has annual gross revenue in excess of $2.5 million shall not be eligible to receive assistance under this part. For the purpose of this determination, annual gross...


entity seeking or receiving assistance under this part shall maintain and retain financial books and records that will permit verification of all transactions with respect...


noted. (a) The regulations in this part will be administered under the general supervision and direction of the Executive Vice President, Commodity...


to the 2002 LAP authorized by Public Law 108-7. Program regulations for prior livestock assistance programs can be found at 7 CFR part 1439 as it was published in...


applicable for all purposes of administering this subpart. The definitions in Sec. 1439.3 shall also be applicable, except where those definitions conflict with the...


prior to the close of business on the date established and announced by the Deputy Administrator. The application and any other supporting documentation shall...


committees shall determine whether due to natural disasters their county has suffered a 40-percent loss affecting pasture and normal grazing crops for at least 3 consecutive...


benefits must be within the physical boundary of a disaster county. Livestock producers in unapproved counties contiguous to an eligible county will not receive...


be eligible for benefits under this subpart with respect to an individual animal. (b) Only owners, cash lessees, or share lessees of livestock who themselves provide...


with respect to a livestock producer for each type and weight class of livestock owned or leased by such producer shall be the lesser of the amount calculated...


under this subpart exceed $250 million, each payment shall be reduced by a uniform national percentage. Such payment reductions shall be made after the imposition...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1439.109] [Page 541] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1439--EMERGENCY LIVESTOCK ASSISTANCE--Table of Contents Subpart B--2000 Livestock Assistance Program Sec. 1439.109 Financial considerations. The provisions of Sec. Sec. 1439.10 and 1439.11 apply to 2002 LAP. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1439.110] [Page 541] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1439--EMERGENCY LIVESTOCK ASSISTANCE--Table of Contents Subpart B--2000 Livestock Assistance Program Sec. 1439.110 Appeals. Determinations made under this subpart are subject to reconsideration or appeal in accordance with parts 780 and 11 of this title. ...


is a failure to comply with any term, requirement, or condition for payment or assistance arising under this part, and if any refund of a payment to CCC shall otherwise become...


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...


(a) The regulations in this part will be administered under the general supervision and direction of the Executive Vice President, Commodity Credit...


subpart: Applicant means, unless the context indicates otherwise, the owner or operator. Contract period means the period of time the PRP contract is in effect. ...


eligible producers to provide payments to assist producers to reestablish the damaged or destroyed pasture land to an approved forage crop upon a promise and obligation...


accordance with this part, a person must be an owner or operator of eligible pasture land that was damaged or destroyed by natural disaster during calendar year 2000 and: ...


in the PRP must be pastureland that: (1) As determined by CCC, is located within a county that was approved for assistance under the Emergency Conservation...


maintenance requirements shall be for three years. The installation of the practice must be completed no later than the date specified in the...


1400 of this chapter, who has annual gross revenue in excess of $2.5 million shall not be eligible to receive assistance under this part. For the purpose of this...


agree to: (a) Carry out the terms and conditions of the PRP contract including carrying out all approved practices and meeting the schedule of dates for seeding and...


(a) Upon establishment of the required forage crop, and provided all other eligibility criteria have been met, make PRP payments to participants in accordance with the provisions of...


the contract that meet all quantity and quality standards needed to cost-effectively reestablish the approved forage crop, as determined by CCC, on acreage subject to...


the FSA office responsible for administering CCC programs in the county where the participant's farm is located during designated signup periods, as announced by CCC, will...


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...


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...


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...


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...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1439.350] [Page 546] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1439--EMERGENCY LIVESTOCK ASSISTANCE--Table of Contents Subpart D--Pasture Recovery Program Sec. 1439.350 Payments to participants. Payments shall be made to the participants responsible for the establishment of the practice. ...


conditions of a PRP contract, CCC may terminate the PRP contract. (b) If the PRP contract is terminated by CCC: (1) The participant shall forfeit all rights to payments...


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 in this part shall...


Agriculture. The provisions of Sec. 718.8 of this title relating to performance based upon the action or advice of a representative of the Secretary of Agriculture...


requested, provide all representatives 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)...


respect to this part may make a request for reconsideration or appeal of such determination in accordance with the appeal regulations set forth at parts 780 and 11 of...


is a failure to comply with any term, requirement, or condition for payment or assistance arising under this part, and if any refund of a payment to CCC shall otherwise become...


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...


This subpart sets forth the terms and conditions applicable to the 2000 Flood Compensation Program (FCP). Benefits will be provided to eligible producers in...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1439.502] [Page 549] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1439--EMERGENCY LIVESTOCK ASSISTANCE--Table of Contents Subpart F--2000 Flood Compensation Act Sec. 1439.502 Administration. This subpart shall be administered as set forth in Sec. 1439.2, except as provided for in this subpart. ...


the same meanings as those defined in 7 CFR 1439.3 and 718.2. To the extent that the definitions in this section differ from the definitions in 7 CFR 1439.3 and 718.2,...


to the close of business on December 15, 2000, or other such later date as established and announced by the Deputy Administrator. The application and any...


committees shall determine whether that county was determined eligible under the 1998 FCP, and whether the land has been unusable from October 1, 1999 through September 30, 2000...


producer requests benefits must be within the physical boundary of an eligible county. Producers in unapproved counties contiguous to an eligible county will not receive...


the provisions of Sec. 1439.1 through Sec. 1439.12, except as otherwise provided in this subpart. (b) No person (as defined and determined under 7 CFR part 1400)...


with respect to the flooded land in an eligible county for each producer shall not exceed the amount obtained by adding the amounts in paragraphs (b) and (c) of...


under this subpart exceeds the $24 million authorized for FCP by Public Law 106- 224, each payment to a producer shall be reduced by a uniform national percentage....


of peanuts as authorized and in accordance with the applicable provisions of Public Law 104-127. The peanut marketing, storage, handling and disposition requirements for...


(FSA), will administer this part under the general direction and supervision of the Administrator, FSA, or the Executive Vice President, Commodity Credit Corporation (CCC),...


729, 780, 790, 791, 793, 1400, 1402, 1403, 1407, 1421, and 1422 of this title are incorporated and shall apply except where the context or subject matter or provisions of...


part 791 of this chapter with respect to performance based upon action or advice of any authorized representative of the Secretary shall be applicable to...


making small payments and handling small accounts, amounts of $9.99 or less which are due the handler will be paid only upon the handler's request. Deficiencies of $9.99 or...


otherwise provided in this part for failure to register as a handler, each person who plans to acquire peanuts for processing or resale must register as a handler...


approves a handler will assign a registration number to such handler and CCC will issue an embossed peanut buyer card which will show the handler's registration number, name...


make marketing card entries and shall collect assessments, penalties and debts in accordance with the provisions in this part and in part 729 of this title. ...


use form FSA-1012, Buyer's Transmittal of Claims and/or Marketing Penalty, to transmit to FSA any marketing penalty or peanut poundage quota lien that is collected directly...


eligible for a price support loan at the quota loan rate such peanuts: (a) Must be eligible peanuts that were produced by an eligible producer; (b) Must be Segregation...


to be eligible for a price support loan at the additional loan rate, such peanuts: (1) Must be eligible peanuts that were produced by an eligible producer; ...


who has entered into a contract with the marketing association to receive and store peanuts shall inform producers that price support advances are available and shall...


trustee of an insolvent or bankrupt debtor's estate, an executor or administrator of a deceased person's estate, a guardian of an estate or of a ward or incompetent...


due if additional peanuts are marketed or considered marketed in any manner other than: (1) Through a price support loan at the additional loan rate; or (2) Through...


contract with the marketing association, a handler may store farmers stock loan peanuts on a commingled basis with peanuts owned by such handler if such peanuts are...


(a) Transfer of Segregation 2 and Segregation 3 peanuts. Except as otherwise provided in this section, after a producer has completed marketing all peanuts produced on the...


separate loan pools; one for each of the three segregations of additional peanuts and one for each of the three segregations for quota peanuts. These pools shall be formed...


purchase of additional peanuts--(1) Producer consent. Except as provided in this section, if the producer of a lot of additional peanuts has consented to an...


1996 crop is $132 per short ton. (b) The national support rate for additional peanuts for the 1997 crop is $132 per short ton. (c) The national support rate...


to be sold from the price support loan inventory for export edible use from the 1996 crop is $400 per short ton. (b) The minimum CCC sales price for additional peanuts...


may contract with a producer to deliver additional peanuts for exporting or for crushing. In order to be valid, the contract must meet the eligibility requirements in...


preceding the beginning of the marketing year in which such additional peanuts will be acquired, any handler who plans to acquire contract additional peanuts in accordance with...


Certification. In order to establish a letter of credit, each handler must certify to the applicable marketing association the quantity of additional peanuts the...


handler is to purchase additional peanuts from a producer, may not be sold, traded, or assigned except as provided in this section. (a) Contract transfer and delivery...


contract additional peanuts delivered under contract shall be determined by the Federal-State Inspection Service when such peanuts are delivered by a producer. To be valid,...


handler may commingle quota loan, quota commercial, additional loan, and contract additional peanuts during storage. In such case the peanuts must be inspected on a farmers...


(a) Liability and credit for export or crushing. Except as permitted by this section, a handler shall not: (1) Sell, assign or otherwise transfer liability...


credit to reflect TKC obligation. Any existing irrevocable letter of credit that has been presented by a handler may be decreased after January 31 of the calendar year...


peanuts, or any person or firm otherwise receiving contract additional peanuts, shall be considered to have agreed that any authorized representative of CCC or...


this part, a handler shall dispose of all contract additional peanuts, in accordance with the provisions in this part, by the final disposition date. Except as provided...


of raw peanuts to the military exchange services of the United States for processing outside the United States, the export of peanuts in any form by or to a United...


contract additional peanuts in accordance with this part, the handler must: (a) Certified statement. Provide a statement signed by the handler specifying the name and address...


are crushed domestically and found to be unsuitable for use as feed because of contamination by aflatoxin shall be disposed of for non-feed purposes only. If the meal...


person, who plans to acquire additional peanuts from other handlers for processing into products for export, must register as a handler and choose a method of supervision...


Neither exported contract additional peanuts nor peanut products made from additional peanuts shall be imported or reentered in commercial quantities by anyone into the United States...


of this part, if the President issues a proclamation under Section 404(b) of the Uruguay Round Agreements Act (19 USCS Sec. 3601(b)) expanding the quantity of...


flood or any other condition beyond the control of the handler, the portion of such loss that may be attributed to contract additional peanuts, as determined by the...


(a) Commingled storage--(1) General. For a handler operating under physical supervision, contract additional peanuts placed in commingled storage must be accounted...


has chosen to operate under physical supervision shall make arrangements that are satisfactory to the marketing association for representatives of the marketing...


under the provisions of Sec. 1446.504 of this part applicable to substitution, the identical contract additional farmers stock peanuts and milled...


which have been exported--(1) Farmers stock peanuts. With prior notification to and approval of the marketing association, farmers stock quota peanuts that have...


With respect to any marketing year, a handler who has selected nonphysical supervision shall account for the disposition of any contract additional peanuts...


Contract additional peanuts of the same crop year and of like type shall be disposed of in accordance with the provisions of this part. Disposition shall be by...


A handler who has selected nonphysical supervision and who manufacturers peanut products from quota peanuts may export such products to an eligible country and...


this part, if, as determined under this part, from any crop of peanuts, such handler markets, for domestic edible use, a larger quantity, or higher grade or quality...


not eligible peanuts to be pledged as collateral for a loan at the quota loan rate shall be considered to have agreed that: (a) CCC may incur serious and substantial damage...


the penalty for a violation of any provision of this part including, but not limited to, any or all of the following violations: (1) Failure to register as a handler...


a penalty that has been assessed against such handler by the CCC Contracting Officer pursuant to this part may file a written request for reconsideration or reduction...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1446.705] [Page 586] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1446--PEANUTS--Table of Contents Subpart G--Penalties and Liquidated Damages Sec. 1446.705 Appeals. A handler may obtain reconsideration and review of any adverse determination made under this part in accordance with the appeal regulations found at 7 CFR parts 11 and 780 of this title. [65 FR 64596, Oct. 30, 2000] ...


is imposed upon a handler or other person in accordance with this part is paid, a lien shall exist in favor of the United States for the amount of the penalty. Such lien...


that a handler has knowingly adopted any scheme or device which tends to defeat the purpose of the regulations of this part or has made any fraudulent representation,...


Any person involved in the peanut industry in any of the following capacities shall keep records for each such business: (1) A person who dries farmers stock peanuts...


FSA, the Director, TPD, the State Executive Director and any person authorized by any one of such persons, and any auditor or agent of the Office of...


all records for a period of three years following the end of the marketing year in which the peanuts were produced. Notwithstanding the preceding sentence,...


with the provisions of this part shall be kept confidential by all employees of USDA and of the marketing association. Such data shall be released only at the discretion...


any report or keep any record as required under this part or who falsifies any information on any such report or record shall be subject to a penalty in accordance with Sec....


or without the records or reports maintained in connection with this part shall be subject to a penalty under this part and such penalty shall be in addition to any...


in these regulations (7 CFR part 1446) have been approved by the Office of Management and Budget (OMB) in accordance with 44 U.S.C. Chapter 35 and have been assigned...


(a) This program will be administered by the Tobacco Division, FSA, under the general direction and supervision of the Executive Vice President, CCC. The program will be carried out...


on the following kinds of eligible tobacco subject to conditions listed in Sec. Sec. 1464.7 and 1464.8 respectively. Flue-cured tobacco, types 11, 12, 13,...


accordance with section 106 of the Agricultural Act of 1949, as amended. (b) Flue-Cured tobacco of varieties Coker 139, Coker 140, Coker 316, Reams 64, Reams 266, and...


amounts to help defray administrative overhead costs incurred by producers associations through which price support is made available to tobacco producers. (b)...


rate announced by CCC and will be nonrecourse both as to principal and interest except in the case of misrepresentation, fraud or failure to carry out the loan agreement....


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1464.6] [Page 594] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1464--TOBACCO--Table of Contents Subpart A--Tobacco Loan Program Sec. 1464.6 Maturity date. Loans made under the program will mature on demand. ...


the current marketing year a person must have eligible tobacco, as provided in Sec. 1464.8, for marketing and such person: (a) Must have agreed to make contributions to...


a price support loan is any tobacco of a kind for which price support is available, as provided in Sec. 1464.2, that is in sound and merchantable condition, is not nested...


lot of tobacco such producer shall refund to CCC any price support advance received with respect to such lot of tobacco if it is determined, after notice and opportunity for...


and documents in connection therewith, the following terms shall have the meanings herein assigned to them. (1) Account means an account established within the...


tobacco for which price support is made available according to Sec. 1464.2 of this part, both the producer and purchaser of such tobacco shall each remit to the CCC...


pound. (b) The 1994-crop national price support level is 158.3 cents per pound. (c) The 1995-crop national price support level is 159.7 cents per pound. ...


(b) The 1994-crop national price support level is 140.7 cents per pound. (c) The 1995-crop national price support level is 143.0 cents per pound. ...


pound. (b) The 1994-crop national price support level is 148.3 cents per pound. (c) The 1995-crop national price support level is 151.8 cents per pound. ...


per pound. (b) The 1994-crop national price support level is 127.3 cents per pound. (c) The 1995-crop national price support level is 130.4 cents per...


per pound. (b) The 1994-crop national price support is 124.5 cents per pound. (c) The 1995-crop national price support is 126.5 cents per pound. (d) The...


is 107.4 cents per pound. (b) The 1994-crop national price support level is 108.4 cents per pound. (c) The 1995-crop national price support level is 110.1...


pound. (b) The 1994-crop national price support level is 84.4 cents per pound. (c) The 1995-crop national price support level is 86.1 cents per pound. ...


(b) The 1994-crop national price support level is 171.4 cents per pound. (c) The 1995-crop national price support level is 172.5 cents per pound. (d)...


contained in this part have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. chapter 35 and have been assigned OMB...


(a) Applicability. The definitions set forth in this section shall be applicable for purposes of administering the provisions of this subpart. (b) Terms. For purposes of...


budget deficit marketing assessment (BDMA) shall be remitted by all importers of tobacco for tobacco entered into the commerce of the United States. (b) Period of coverage....


or flue-cured tobacco shall pay a no-net-cost assessment on each kilogram of such tobacco that is imported after December 31, 1993, regardless of the form in which it...


instructions on the reverse side of form CCC-100. (b) When to remit. Importer assessments shall be remitted within 10 business days after the date on which the...


tobacco establishes, to the satisfaction of the Director, that the tobacco on which the assessment was paid has been reexported as unmanufactured tobacco or destroyed...


an assessment in accordance with this subpart shall be subject to a marketing penalty. (1) Budget deficit marketing assessment. With respect to the assessment referred...


are relevant to any imported tobacco that is subject to an assessment in accordance with this subpart. Such records shall be retained for a period of three years following...


the amount of any assessment due, any marketing penalty assessed, or other adverse determination rendered in accordance with this subpart. Any request for...


This subpart sets forth the terms and conditions of the Tobacco Payment Program (TOPP). Under this program CCC will make direct payments on a farm...


his designee, under the general supervision of the Farm Service Agency (FSA), Deputy Administrator for Farm Programs (Deputy Administrator). The program shall be carried out in...


person must own or control (in some cases only) a farm for which on the status date a basic 2002 crop quota or allotment for eligible tobacco was established under part I...


TOPP under this subpart. The definitions in Sec. Sec. 718.2 and 723.104 of this title also apply to TOPP. The definitions in this section apply rather than the definitions in...


office by the date established by the Deputy Administrator. Late applications may be accepted if approved by the Deputy Administrator, [[Page 607]] if...


for eligible tobacco and for eligible persons who meet all conditions of eligibility for whom monies are provided by the terms of this section. (b) The total...


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. However,...


fact with the intention of affecting a TOPP program determination or received payments as a result of such misrepresentation shall not be entitled to payments and must...


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...


represent estates or trusts will be accepted only if such persons furnish evidence of the authority to execute such documents. (b) A minor who is a producer shall be eligible...


any person who is eligible to receive assistance in accordance with this part, such person or persons as specified in part 707 of this title may receive...


and 780 of this title. [[Page 609]] Appendix A to Part 1464--Importer Entry and Assessment Worksheet [GRAPHIC] [TIFF OMITTED] TC04SE91.001 ...


(AMA) program, the NRCS provides financial assistance funds annually to producers in 15 statutorily designated states to construct or improve water management structures...


of AMA Program for the CCC is assigned to the Natural Resources Conservation Service (NRCS). The Farm Service Agency (FSA) is responsible for `person'...


issued in accordance with this part, unless specified otherwise: Applicant means an agricultural producer who has requested in writing to participate in the AMA...


participant, in cooperation with the local conservation district, applies for practice installation for the farm or ranching unit of concern. The NRCS provides...


State Technical Committee, will determine the conservation practices eligible for AMA Program payments. To be considered eligible conservation practices, the practices must...


(a) Any producer who has eligible land may submit an application for participation in the AMA Program at a USDA service center. Producers who are members of a joint...


the participant shall enter into a contract agreeing to implement eligible conservation practices. (b) An AMA contract will: (1) Incorporate by...


operation and maintenance of the conservation practice(s) applied under the contract. The participant must operate and maintain the conservation practice(s) for its...


participant will be 75 percent of the actual cost of an eligible practice. In no instance shall the total financial contributions for an eligible practice from all public and...


NRCS may modify a contract if the participant and NRCS agree to the contract modification. (b) Contracts that run less than ten years may be extended for up to the...


in violation of the terms of a contract or documents incorporated by reference into the contract, NRCS will give the participant a reasonable time, as determined by...


an adverse decision under the AMA Program in accordance [[Page 615]] with parts 11 and 614 of this title, except as provided in paragraph (b) of this section. ...


will be responsible for obtaining the authorities, rights, easements, or other approvals necessary for the implementation, operation, and maintenance of...


the right to enter an operating unit or tract for the purpose of ascertaining the accuracy of any representations made in a contract or in anticipation of entering a...


If a participant relied upon the advice or action of any authorized representative of NRCS, and did not know or have reason to know that the action or advice was improper...


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...


have erroneously represented any fact affecting an AMA Program determination made in accordance with this part shall not be entitled to contract payments and must refund to...


(EQIP), the Natural Resources Conservation Service (NRCS) provides assistance to eligible farmers and ranchers to address soil, water, air, and related natural...


Credit Corporation (CCC) are available to NRCS for carrying out EQIP. Accordingly, where NRCS is mentioned in this part, it also refers to the CCC's funds, facilities,...


all documents issued in accordance with this Part, unless specified otherwise: [[Page 617]] Agricultural land means cropland, rangeland, pasture,...


used in the implementation of EQIP: (1) Reductions of nonpoint source pollution, such as nutrients, sediment, pesticides, or excess salinity in impaired...


to the State Conservationists to implement EQIP at the state and local level. In order to optimize the overall environmental benefits over the duration of the program,...


(a) Identify State priority natural resource concerns with the advice of the State Technical Committee that directly contribute towards meeting National priorities and...


the National, State, and local levels in order to ensure that producers whose land has environmental problems and priority natural resource concerns are aware, informed,...


applicant develops an EQIP plan of perations for the agricultural land to be treated that serves as the basis for the EQIP contract. NRCS provides participants with...


plan of operations must be carried out in accordance with the applicable NRCS field office technical guide. (b) The EQIP plan of operations must include: (1)...


land management practices are eligible for program payments. A list of eligible practices will be available to the public. (b) Cost-share and incentive payments will not...


with USDA. (a) NRCS may use the services of qualified Technical Service Providers in performing its responsibilities for technical assistance. (b)...


(a) Any producer who has eligible land may submit an application for participation in the EQIP. Applications are accepted throughout the year. Producers who are members of...


cost-share or incentive payments, the participant must enter into a contract agreeing to implement one or more conservation practices. Cost-share payments and...


incorporate the operation and maintenance of conservation practices applied under the contract. The participant must operate and maintain each conservation practice installed...


payment rates. (1) The maximum cost-share payments made to a participant under the program will not be more than 75 percent of the actual cost of a...


this section, the total amount of cost-share and incentive payments paid to an individual or entity under this part may not exceed an aggregate of $450,000, directly or...


NRCS may modify a contract if the participant and NRCS agree to the contract modification and the EQIP plan of operations is revised in accordance with NRCS requirements...


a participant is in violation of the terms of a contract or documents incorporated by reference into the contract, NRCS shall give the participant a reasonable time,...


an adverse decision under EQIP in accordance with 7 CFR parts 11 and 614. Determination in matters of general applicability, such as payment rates, payment limits, and...


conservation practices shall be responsible for obtaining the authorities, rights, easements, or other approvals necessary for the implementation, operation, and maintenance...


have the right to enter an operating unit or tract for the purpose of ascertaining the accuracy of any representations made in a contract or in anticipation of entering...


If a participant relied upon the advice or action of any authorized representative of NRCS and did not know, or have reason to know, that the action or advice was improper...


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...


is determined to have erroneously represented any fact affecting a program determination made in accordance with this part shall not be entitled to contract payments and must refund...


administered by the Natural Resources Conservation Service (Department) for program implementation and processing outstanding and new applications for enrollment during...


(b) The Chief is authorized to modify or waive a provision of this part if the Chief deems the application of that provision to a particular limited situation to be inappropriate...


annual tilling of the soil or on an annual basis by one trip planters, or alfalfa and other multi-year grasses and legumes in rotation as approved by the Secretary. Land shall...


enter into restoration cost-share agreements with, eligible landowners who voluntarily cooperate in the restoration and protection of wetlands and associated lands. To participate...


the WRP. The application must be submitted during an announced period for such submissions. (b) Preliminary agency actions. By filing an Application for...


will maximize wildlife values (especially related to enhancing habitat [[Page 633]] for migratory birds and other wildlife); have the least likelihood...


into the program for which the landowner has 15 calendar days to sign a letter of intent to continue. Department will select lands to maximize environmental...


determine easement payment rates to be applied to specific geographic areas within the State or to individual easement areas. (2) In order to provide for...


terms and conditions of the cost-share assistance shall be subject to the following restrictions on the costs of establishing or installing practices specified in...


require that the easement area be maintained in accordance with WRP goals and objectives for the duration of the term of the easement, including the restoration,...


State Technical Committee, and with consideration of site specific technical input from the U.S. Fish and Wildlife Service and the Conservation District. (b) The WRPO...


the Chief and the landowner. The Chief will consult with the U.S. Fish and Wildlife Service and the Conservation District prior to making any modifications...


of enrollment. At the option of the State Conservationist, an offer can be extended to the new landowner if the new landowner agrees to the same or more restrictive...


be given reasonable notice and an opportunity to voluntarily correct the violation within 30 days of the date of the notice, or such additional time as the...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1467.15] [Page 637] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1467--WETLANDS RESERVE PROGRAM--Table of Contents Sec. 1467.15 Payments not subject to claims. Any cost-share or easement payment or portion thereof due any person under this part shall be allowed without regard to any claim or lien in favor of any creditor, except agencies of the United States Government. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1467.16] [Page 637] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1467--WETLANDS RESERVE PROGRAM--Table of Contents Sec. 1467.16 Assignments. Any person entitled to any cash payment under this program may assign the right to receive such cash payments, in whole or in part. ...


the administrative appeal regulations provided in 7 CFR part 614. (b) Before a person may seek judicial review of any action taken under this part,...


this part, any part of any program payment otherwise due or paid such landowner during the applicable period may be withheld or be required to...


(CCC) provides financial assistance to eligible farmers and ranchers to address soil, water, and related natural resource concerns, water quality protection...


will be administered on behalf of CCC by the Natural Resources Conservation Service (NRCS) and the Farm Service Agency (FSA) as set forth below. (b) NRCS will: ...


in accordance with this part, unless specified otherwise: Applicant means a producer or owner in an approved pilot project area who has requested in writing to...


solicit proposals from the public to establish pilot project areas in the Federal Register. (b) Pilot projects may involve one or more participants. Each owner...


the CFO is limited to producers of wheat, feed grains, cotton, or rice who have a production flexibility contract, in accordance with part 1412 of this chapter, on the...


if the conservation practice specified in the conservation farm plan is determined to be an eligible practice, as determined by the Chief, in accordance with: (1) 7...


enrollment: (a) Have a production flexibility contract in accordance with part 1412 of this chapter on the farm enrolling in CFO. (b) Agree to forgo earning future...


that the farm or ranch is enrolled in a production flexibility contract, authorized by the Agricultural Marketing Transition Act of 1996 and if the land upon which the...


contract. Prior to contract approval, a conservation farm plan must be written and approved. In deciding whether to approve a conservation farm plan, CCC may...


an approved pilot project area may submit an application for participation in the CFO to a service center or other USDA county or field office(s) of FSA or NRCS, where...


must enter into a contract agreeing to implement a conservation farm plan. The FSA county committee, with NRCS concurrence, will use the NRCS ranking consistent with...


maintain the conservation practice for its intended purpose for the life span of the conservation practice, as identified [[Page 645]] in the conservation...


funds, based on the value of the expected payments that would have been paid to the participant for that practice as specified in: (1) Part 1410 of this chapter, if...


contract if the participant and CCC agree to the contract modification and the conservation farm plan is revised in accordance with CCC requirements and is approved by...


in violation of the provisions of this part, or the terms of the contract including portions of the contract that incorporate transferred obligations from CRP or...


an adverse decision made with respect to this part and the CFO contract in accordance with parts 11 and 614 of this title, except as provided in paragraph (b) of...


shall be responsible for obtaining the authorities, rights, easements, permits, or other approvals necessary for the implementation, operation, and maintenance of...


to enter an operating unit or tract for the purpose of ascertaining the accuracy of any representations made in a contract or in anticipation of entering a contract, or as to...


participant relied upon the advice or action of any authorized representative of CCC, and did not know or have reason to know that the action or advice was improper or erroneous, the...


payment or portion thereof to any participant shall be made without regard to questions of title under State law and without regard to any claim or lien against the crop,...


have erroneously represented any fact affecting a program determination made in accordance with this part shall not be entitled to contract payments and must refund to CCC...


applicable to producers of 1998 and 1999 crop of apple production. These regulations set forth the terms and conditions under which the Commodity Credit Corporation (CCC)...


shall be administered under the general supervision of the Executive Vice President, CCC, or a designee, and shall be carried out in the field by State and county Farm...


be applicable for all purposes of administering the Apple Market Loss Assistance Payment program established by this subpart. Apple Operation means any person or group...


obtain an application, Form CCC-891 (Apple Market Loss Assistance Payment Application), in person, by mail, by telephone, or by facsimile from any county FSA office. In...


this subpart, an apple operation must: (1) Have produced apples in the United States anytime during the 1998 and/or 1999 crop year; (2) Not have been...


by CCC must, in accordance with instructions issued by the Deputy Administrator, provide adequate proof of the apples produced during the 1998 and/or 1999 crop year...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1470.7] [Page 651] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1470--APPLE MARKET LOSS ASSISTANCE PAYMENT PROGRAM--Table of Contents Subpart A--Apple Market Loss Payment Program Sec. 1470.7 Availability of funds. The total available program funds shall be $99.78 million as provided by Section 811 of Public Law 106-387 and amended by Section 1403 of Public Law 106-554. ...


of apples will be determined by the CCC, based on the higher production of 1998 or 1999 crop of apples that was produced by each operation, as selected by the...


this subpart may be made to apple operations only up to 1,600,000 pounds of apples produced in the United States during the higher production year of 1998 or 1999. A payment...


under this part shall be allowed without regard to questions of title under State law, and without regard to any claim or lien against an operation, an operation's...


pursuant to this part may make a request for reconsideration or appeal of such determination in accordance with the appeal regulations set forth at 7 CFR parts 11...


operation shall be ineligible to receive assistance under this program if it is determined by the State committee or the county committee to have knowingly: (1) Adopted...


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)...


death, incompetency, disappearance or dissolution of a person that is eligible to receive benefits in accordance with this part, such person or persons specified in part 707 of...


benefits under this program must maintain accurate records and accounts that will document that they meet all eligibility requirements specified herein, as may be...


there is a failure to comply with any term, requirement, or condition for payment arising under the application, or this part, and if any refund of a payment to CCC shall...


2002, unless otherwise noted. (a) The regulations in this subpart are applicable to producers of the 2000 crop of apples. These regulations set forth the terms...


Payment Program II shall be administered under the general supervision of the Executive Vice President, CCC (Administrator, FSA), or a designee, and shall be carried out...


this section shall be applicable for all purposes of administering the Apple Market Loss Assistance Payment Program II established by this subpart. Administrator means the...


may obtain an application, in person, by mail, by telephone, or by facsimile from any county FSA office. In addition, applicants may download a copy of the application...


payment under this subpart, an apple operation must: (1) Have produced and harvested apples in the United States at some time during the 2000 crop year; (2) Not...


for spot checks by CCC must, in accordance with instructions issued by the Deputy Administrator, provide adequate proof of the apples produced and harvested during the 2000...


funds shall be $75 million as provided by section 741 of Public Law 107-76 except as determined appropriate by the Executive Vice President of CCC and authorized by law....


quantity of apples will be determined by CCC, based on the production of the 2000 crop of apples that was produced and harvested by each operation. (b) The...


(a) A national per-pound payment rate will be determined after the conclusion of the application period, and shall be calculated, to the extent practicable, by dividing the $75...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1470.110] [Page 655] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1470--APPLE MARKET LOSS ASSISTANCE PAYMENT PROGRAM--Table of Contents Subpart B--Apple Market Loss Assistance Payment Program II Sec. 1470.110 Offsets and withholdings. CCC may offset or withhold any amount due CCC under this subpart in accordance with the provisions of 7 CFR part 1403. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1470.111] [Page 655] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1470--APPLE MARKET LOSS ASSISTANCE PAYMENT PROGRAM--Table of Contents Subpart B--Apple Market Loss Assistance Payment Program II Sec. 1470.111 Assignments. Any person who may be entitled to a payment may assign his rights to such payment in accordance with 7 CFR part 1404 or successor regulations as designated by the Department. ...


a determination made pursuant to this [[Page 656]] subpart may make a request for reconsideration or appeal of such determination in accordance with the...


apple operation shall be ineligible to receive assistance under this program if it is determined by the State committee or county committee to have knowingly: (1) Adopted...


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. ...


case of death, incompetency, disappearance or dissolution of a person that is eligible to receive benefits in accordance with this subpart, such person or persons specified in part...


making application for benefits under this program must maintain accurate records and accounts that will document that they meet all eligibility requirements specified herein,...


(a) In the event of an error on an application, a failure to comply with any term, requirement, or condition for payment arising under the application, or this subpart, all...


2002, unless otherwise noted. (a) The regulations in this subpart are applicable to producers of the 2000 crop of apples. These regulations set forth the terms...


Payment Program III shall be administered under the general supervision of the Executive Vice President, CCC, or a designee, and shall be carried out in the field by...


this section shall apply to the Apple Market Loss Assistance Payment Program III as follows: Administrator means the Administrator, Farm Service Agency. Apple...


may obtain an application, in person, by mail, by telephone, or by facsimile from any county FSA office. In addition, applicants may download a copy of the application...


payment under this subpart, an apple operation must: (1) Have produced and harvested apples in the United States at some time during the 2000 crop year; (2) Apply...


for spot checks by CCC must, in accordance with instructions issued by the Deputy [[Page 659]] Administrator, provide adequate proof of the apples produced...


funds shall be $94 million as provided by Sec. 10105 of Public Law 107-171 except as determined appropriate by the Executive Vice President of CCC and authorized by law....


quantity of apples will be determined by CCC, based on the production of the 2000 crop of apples that was produced and harvested by each operation. (b) The...


(a) A national per-pound payment rate will be determined after the conclusion of the application period, and shall be calculated, to the extent practicable, by dividing the $94...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1470.210] [Page 659] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1470--APPLE MARKET LOSS ASSISTANCE PAYMENT PROGRAM--Table of Contents Subpart C--Apple Market Loss Assistance Payment Program III Sec. 1470.210 Offsets and withholdings. CCC may offset or withhold any amount due CCC under this subpart in accordance with the provisions of part 1403 of this chapter. ...


a payment may assign his rights to such payment in accordance with part 1404 of this chapter or successor regulations as designated by...


a determination made pursuant to this subpart may make a request for reconsideration or appeal of such determination in accordance with the appeal regulations set forth at...


(a) An apple operation shall be ineligible to receive assistance under this program if it is determined by the State committee or county committee to have knowingly: (1)...


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. ...


case of death, incompetency, disappearance or dissolution of a person that is eligible to receive benefits in accordance with this part, such person or persons specified in part...


making application for benefits under this program must maintain accurate records and accounts that will document that they meet all eligibility requirements specified herein,...


the event of an error on an application, a failure to comply with any term, requirement, or condition for payment arising under the application, or this subpart, all improper...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1470.218] [Page 660] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1470--APPLE MARKET LOSS ASSISTANCE PAYMENT PROGRAM--Table of Contents Subpart C--Apple Market Loss Assistance Payment Program III Sec. 1470.218 Violations of highly erodible land and wetland conservation provisions. The provisions of part 12 of this title apply to this subpart. ...


payments to producers who have incurred losses in quantity or quality to eligible 2001 or 2002 crops due to disasters as determined by the Commodity Credit Corporation...


be carried out in the field by Farm Service Agency (FSA) State and county committees. (b) State and county committees and representatives do not have the authority to...


of this title and 1400 and 1437 of this chapter shall also be applicable, except where those definitions conflict with the definitions set forth in this section. The...


have suffered losses of eligible crops in 2001 or 2002 as a result of a disaster or related condition, or as further specified in this part. Producers may not receive...


office serving the county where the producer's farm is located for administrative purposes before the close of business on August 25, 2003, or such other later date that may...


under this part. (b) Payments will not be made under this part for grazing losses. (c) CCC may divide and classify crops based on loss susceptibility, yield,...


elected not to purchase crop insurance on an insurable 2001 or 2002 crop for which the producer receives crop loss assistance or for non- insurable crops, elected not...


the State or county committee or an official of FSA that such person has: (1) Adopted any scheme or other device that tends to defeat the purpose of a program operated...


structure will be used as the basis for the calculation and may include optional units established in accordance with part 457 of this title. Insured crops may have basic...


could not be planted or crop production, both in quantity and quality, was adversely affected by disasters as defined in 1480.3 or: (1) Insect infestation as a...


because of a disaster, the producer with respect to the 2001 or 2002 crop year: (1) Was prevented from planting a crop; (2) Sustained a loss in excess of 35 percent...


yield based crops are determined by multiplying the payment rate established for the crop by CCC, times the loss of production which exceeds 35 percent of the expected...


crops. (b) If RMA loss records are not available, or if the FSA county committee determines the RMA loss records are inaccurate or incomplete, or if the FSA county...


and assigned production for the total planted acreage of the crop on the unit. (b) The harvested production of eligible crop acreage harvested more than once in a...


shown to have been planted to a crop. (b) In cases where there is a repeat crop or a multiple planted crop in more than one planting period, or if there is multiple...


separately from planted acreage of the same crop. (b) Except as provided in paragraph (c) of this section, for insured crops, disaster payments under this part...


to this part, the quantity of production of crops of the producer shall be adjusted to reflect diminished quality resulting from the disaster. (b) Crops eligible...


which are considered ``value loss crops'': ornamental nursery; Christmas trees; vegetable and root stock including ginseng root; aquaculture, including ornamental...


that would have matured and been harvested during 2001 or 2002, when a disaster caused in excess of 35 percent of the expected production to die. (b) For honey,...


program determination made in accordance with this part shall not be entitled to disaster payments and must refund all such payments received, plus interest as determined in...


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...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1480.22] [Page 676] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1480--2001 AND 2002-CROP DISASTER PROGRAM--Table of Contents Sec. 1480.22 Compliance with highly erodible land and wetland conservation provisions. Part 12 of this title applies to this part. ...


were prevented from planted sugar beets, or who suffered either quantity or quality losses in excess of 35 percent to sugar beets while in the field in 2001 or 2002 due to...


or State committee may request that relief be granted by the Deputy Administrator under this section. In such cases, except for statutory deadlines and other...


provided by and available in any FSA office. [[Page 677]] CCC means the Commodity Credit Corporation. CDP means the Crop Disaster Program authorized in...


2001 or 2002 as a result of a weather related condition, or as further specified in this part. (b) Payments may be made for losses suffered by an eligible producer...


affected sugar beets were planted or prevented from being planted. All applications must be filed in the FSA county office between September 15, 2003 and no later than the...


crop insurance, the producer must provide documentation including the number of acres, yield, production, and sugar percent by unit for 2001 or 2002. ...


of either 2001 or 2002 crop year, but not both. (b) Eligible producers with losses in excess of 35 percent in one of either 2001 or 2002 may receive benefits for...


payment shall be reduced by a uniform national percentage or other means of proration. (b) Such payment reductions shall be applied after the imposition of...


be entitled to receive under this part may not exceed $80,000. (b) A person, as defined in part 1400 of this chapter, who has annual gross revenue in excess of $2.5...


coverage as applicable on 2001 or 2002 sugar beet crops for which the producer receives crop loss assistance must: (1) Purchase crop insurance with additional coverage on...


State or county committee or an official of FSA that such person has: (1) Adopted any scheme or other device that tends to defeat the purpose of a program operated under...


the terms and conditions under which the Commodity Credit Corporation (CCC) shall provide payments to U.S. producers participating in the Value-Added Wheat Gluten and...


shall be administered under the general supervision of the Executive Vice President, CCC, and shall be carried out by the Deputy Administrator, Commodity...


administering the Value-Added Wheat Gluten and Wheat Starch Product Market Development Program. (a) Adjustment Plan means a defined program of activities aimed...


(1) Have produced in the United States not less than 1,000,000 pounds of vital wheat gluten from July 1, 1998 through June 30, 2000. (2) Have been engaged in the business...


the application period announced by CCC. The application must include the following: (1) Name of the applicant and name of firm, if applicable; (2) Address of...


which CCC funds may be used to pay include, but are not limited to, the following: (1) The cost of producing and distributing advertising material; (2) The cost...


accounts that will document that all eligibility requirements under this Part and other requirements as may be [[Page 681]] determined by CCC are met. Such...


first year of this program is $27 million and the total amount available for the second (final) year of this program is $13 million. (b) The maximum payment rate to an applicant...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1482.9] [Page 681] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1482--VALUE-ADDED WHEAT GLUTEN AND WHEAT STARCH PRODUCT MARKET DEVELOPMENT PROGRAM--Table of Contents Sec. 1482.9 Debarment and suspension. The Government-wide debarment and suspension (Nonprocurement) regulations and Government Requirements for Drug-Free Workplace (Grants), 7 CFR part 3017, Subparts A through E, apply to this Part. ...


payments under this program if CCC determines the producer: (1) Adopted any scheme or device which tends to defeat the purpose of the program in this Part; (2)...


Part shall have a right to appeal the determination by filing a written request with the Deputy Administrator of the Farm Service Agency at the following address:...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1482.12] [Page 682] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1482--VALUE-ADDED WHEAT GLUTEN AND WHEAT STARCH PRODUCT MARKET DEVELOPMENT PROGRAM--Table of Contents Sec. 1482.12 Expiration. This program will expire June 5, 2003. The program shall not be extended. [[Page 683]] ...


This part applies to activities that are conducted in accordance with the Cooperators' FY 2000 and subsequent marketing plan years. The Cooperator Program is...


the paperwork and record keeping requirements contained in this part? The paperwork and record keeping requirements imposed by this part have been submitted to...


(a) Under the Foreign Market Development Cooperator (Cooperator) Program, FAS enters into project agreements with eligible nonprofit U.S. trade organizations to share the costs...


program? For purposes of this part the following definitions apply: Activity--a specific market development effort undertaken by a Cooperator to address...


the Cooperator program? (a) To participate in the Cooperator program, an entity must be a nonprofit U.S. agricultural trade organization and contribute at least...


the Cooperator program? FAS will publish a Notice in the Federal Register that it is accepting applications for participation in the Cooperator program for a...


applications are approved? (a) General. FAS allocates funds in a manner that effectively supports the strategic decision-making initiatives of the...


After determining which applications to recommend for approval, the Commodity Divisions recommend funding levels for the approved applicants within their...


approved Cooperators? FAS will notify each applicant in writing of the final disposition of its application. FAS will send a program agreement,...


The Cooperator shall designate at least two individuals in its organization to sign program agreements, reimbursement claims, and requests. The Cooperator shall submit...


(a) A Cooperator shall enter into written contracts with all overseas employees and shall ensure that all terms, conditions, and related formalities of...


guidelines? (a) A Cooperator shall implement and maintain a financial management system that conforms to generally accepted accounting principles. (b)...


of ethical conduct? (a) A Cooperator shall conduct its business in accordance with the laws and regulations of the country(s) in which each activity is...


(a) Cooperators have full and sole responsibility for the legal sufficiency of all contracts and assume financial liability for any costs or claims...


(a) Property purchased by the Cooperator, and for which the Cooperator is reimbursed with project funds, that is unusable, unserviceable, or no longer needed...


Travel shall conform to the U.S. Federal Travel Regulation (41 CFR Chapters 300 through 304) and air travel shall conform to the requirements of the...


an activity? Any income or refunds generated from an activity, i.e., participation fees, proceeds of sales, refunds of value added taxes (VAT), the expenditures for...


eligible? (a) The Cooperator shall pay all costs necessary for the operation of the Cooperator's U.S. office. (b) In calculating the amount of contributions...


(a) The following are not eligible contributions: (1) Any portion of salary or compensation of an individual who is the target of a promotional activity; (2)...


value of non-cash contributions? (a) Computing the value of an individual's time. If an individual's salary is known, allocate the individual's salary on the basis...


and reporting contributions? (a) Each claimed contribution must be documented by the Cooperator, showing the method of computing non-cash contributions,...


the Cooperator program? (a) A Cooperator may seek reimbursement for an expenditure if: (1) The expenditure is reasonable and has been made in...


under the Cooperator program? (a) FAS will not reimburse expenditures made prior to approval of a Cooperator's program, unreasonable expenditures, or any...


(a) A format for reimbursement claims is available from the Director, Marketing Operations Staff, FAS, USDA. Claims for reimbursement shall contain at least the...


Cooperator? (a) Policy. In general, FAS operates the Cooperator program on a reimbursable basis. (b) Exception. Upon request, FAS may make two types of...


(a) End-of-year contribution report. Not later than January 31 of the year following the completion of the marketing plan year, a Cooperator shall submit two copies of...


provisions of the Freedom of Information Act? (a) Documents submitted to FAS by Cooperators are subject to the provisions of the Freedom of Information Act (FOIA),...


(a) The Government Performance and Results Act (GPRA) of 1993 (5 U.S.C. [[Page 696]] 306; 31 U.S.C. 1105, 1115-1119, 3515, 9703-9704) requires...


make required contributions? A Cooperator's contribution requirement is specified in the Cooperator program allocation letter. If a Cooperator fails to...


(a) The Compliance Review Staff (CRS), FAS, performs periodic on- site reviews of Cooperators to ensure compliance with this part. (b) In order to verify...


a compliance report? (a) A Cooperator shall, within 60 days of the date of the compliance report, submit a written response to the Director, CRS. This response shall...


the Deputy Administrator? (a) The Cooperator may appeal the determinations of the Deputy Administrator to the Administrator. An appeal must be in writing and...


(a) This subpart sets forth the policies underlying the Commodity Credit Corporation's (CCC) operation of the Market Access Program (MAP), and...


For purposes of this subpart the following definitions apply: Activity--a specific market development effort undertaken by a participant. Activity plan--a document...


(a) To participate in the MAP, an entity: (1) Shall be: (i) A nonprofit U.S agricultural trade organization; (ii) A nonprofit state regional...


strategic plan. (a) General application requirements. CCC will periodically publish a Notice [[Page 700]] in the Federal Register that it is...


formation of agreements. (a) General. CCC will, consistent with available resources, approve those applications which it considers to present the best opportunity...


(a) General. A participant shall develop a specific activity plan(s) based on its strategic plan and the allocation approval letter and shall submit an activity plan for...


(a) A participant may seek reimbursement for an expenditure if: (1) The expenditure was made in furtherance of an approved activity; and (2) The participant...


(a) A format for reimbursement claims is available from the Division Director. Claims for reimbursement shall contain the following information: (1)...


(a) Policy. In general, CCC operates MAP and EIP/MAP on a reimbursable basis. CCC will not advance funds to an EIP/MAP participant or to an MAP participant for brand...


(a) An MAP participant shall enter into written contracts with all employees and shall ensure that all terms, conditions, and related formalities of such contracts conform...


and appeals. (a) Financial management. (1) An MAP participant shall implement and maintain a financial management system that conforms to generally...


An MAP participant's contribution requirement will be specified in the MAP allocation letter and the activity plan approval letter. The amount specified...


The participant may make any submissions required by this regulation either by hand delivery to the Director, Marketing Operations Staff, FAS, USDA or by commercial service delivery...


(a) Disclosure of program information. (1) Documents submitted to CCC by participants are subject to the provisions of the Freedom of Information Act (FOIA), 5...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1485] [Page 713] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1485--COOPERATIVE AGREEMENTS FOR THE DEVELOPMENT OF FOREIGN MARKETS FOR AGRICULTURAL COMMODITIES--Table of Contents Subpart B--Market Access Program Sec. 1485.24 Applicability date. This Subpart applies to activities that are approved in accordance with the participant's 1995 program and corresponding activity plan year. ...


The paperwork and record keeping requirements imposed by this final rule have been submitted to the Office of [[Page 714]] Management and...


Corporation. Eligible Organization--Any U.S. organization, including, but not limited to, U.S. government agencies, State government agencies, non- profit...


Agriculture, provides funds to eligible organizations, on a grant basis, to implement activities that are intended to address a sanitary, phytosanitary, or related...


phytosanitary, or technical barriers to export of specialty crops. Examples of expenses that CCC may agree to cover under the TASC program include, but are not limited...


a given year will not be considered. (b) Length of activities. TASC proposals to fund activities that exceed three years will not be considered. (c) Target...


which interested eligible organizations [[Page 715]] may submit proposals for TASC program funding. This announcement will, among other things, include information on...


(1) The nature of the specific export barrier and the extent to which the proposal is likely to successfully remove, resolve, or mitigate that barrier; ...


that submitted the proposal. This program agreement will incorporate the proposal as approved by the FAS, include a maximum dollar amount that may be reimbursed (the...


funding, a participant may submit claims for reimbursement of eligible expenses to the extent that the CCC has agreed to pay such expenses. Any changes to approved activities...


1488.1 General statement. Source: 42 FR 10999, Feb. 25, 1977, unless otherwise noted. General (a) Except...


1488.2 Definition of terms. As used in this subpart A and in the forms and documents related thereto, the following terms shall have the meanings assigned to them...


1488.3 General. When considering the extension of CCC credit for the purpose of financing agricultural commodities, CCC will take into account the extent to...


1488.4 Submission of requests for sale registrations. (a) An eligible exporter shall submit a request for a sale registration for financing to the office...


1488.5 Acceptance of sale registrations. (a) Upon receiving a request for a sale registration complying with the applicable provisions of this subpart, the...


1488.6 Amendments to financing agreement. The financing agreement may be amended provided such amendment is in conformity with GSM-5 at the time of amendment and...


1488.7 Expiration of period(s) for delivery and/or export. (a) Unless delivery by the exporter to the importer is made within such period as may be provided in...


1488.8 Documents required after delivery. (a) CCC will purchase an exporter's account receivable only if the Treasurer, Commodity Credit Corporation, United...


1488.9 Evidence of export. (a) If the commodity is exported by rail or truck, the exporter shall furnish to the Treasurer, CCC, one copy of the bill of...


1488.9a Evidence of export for commodities delivered before export. For commodities delivered before export under a financing agreement for which the financial period...


1488.10 Evidence of entry into country of destination. (a) Commodities exported under a financing agreement must enter the destination country specified in...


1488.11 Liquidated damages. Failure of the exporter to export or cause to be exported, within the period provided therefor, any agricultural commodity financed,...


1488.12 Coverage of bank obligations. (a) U.S. banks and branch banks shall be liable without regard to risk (1) for payment of bank obligations issued by them or...


1488.13 CCC drafts. CCC will draw one draft for each payment due under bank obligations. If any portion of a CCC draft is dishonored, the U.S. bank or...


1488.14 Interest charges. The account receivable assigned to CCC and the related bank obligation(s) shall bear interest as specified in this section. Rates...


1488.15 Advance payment. If, before expiration of the financing period, the exporter or the U.S. bank or the agency or branch bank accepts payment from or on...


1488.16 Liability for payment. If delivery is made within the coverage of the bank obligation(s) submitted in accordance with Sec. 1488.8, CCC will look to...


1488.17 Assignment. The exporter shall not assign any claim or rights or any amounts payable under the financing agreement, in whole or in part, without...


1488.18 Covenant against contingent fees. The exporter warrants that no person or selling agency has been employed or retained to solicit or secure the...


1488.20 Officials not to benefit. No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of the financing agreement or...


1488.21 Exporter's records and accounts. CCC shall have access to and the right to examine any directly pertinent books, documents, papers and records of the...


1488.22 Communications. (a) Unless otherwise provided, written requests, notifications, or communications by the applicant pertaining to the financing...


1488.23 OMB Control Numbers assigned pursuant to the Paperwork Reduction Act. The information collection requirements contained in these regulations (7 CFR...


and requirements for program implementation of the Farm and Ranch Lands Protection Program as administered by the Natural Resources Conservation Service (NRCS)....


the general supervision and direction of the NRCS Chief. (b) NRCS shall-- (1) Provide overall program management and implementation leadership for FRPP; ...


Agricultural uses are defined by the State's Purchase of Development Rights (PDR) program, or where no PDR program exists, agricultural uses should be defined by the...


CCC, shall purchase conservation easements, in partnership [[Page 731]] with eligible entities, from landowners who voluntarily wish to protect their farm...


Request for Proposals in the Federal Register or, at the discretion of the Chief, uses another process to solicit applications from eligible entities to cooperate in...


Conservationist has assessed entity eligibility [[Page 732]] and land eligibility, the State Conservationist shall use National and State criteria to evaluate...


eligible land in the Program if the agricultural viability of the land can be demonstrated. For example, the land must be of sufficient size and have boundaries that...


CCC, enters into a cooperative agreement with those entities selected for funding awards. Once a proposal is selected by the State Conservationist, the entity must work with...


with the cooperating entity, shall determine the NRCS share of the cost of purchasing a conservation easement. (b) Under the FRPP, NRCS may provide up to 50 percent...


grants an easement to an eligible entity with which NRCS has entered into an FRPP cooperative agreement. The easement shall require that the easement area be maintained...


recorded, no amendments to the easement will be made without prior approval by NRCS State Conservationist and the USDA Office of General Counsel. (b) Easement...


the terms of the easement, the cooperating entity shall notify the landowner. The [[Page 735]] landowner may be given reasonable notice and, where appropriate,...


FRPP proposal and is therefore participating in FRPP may obtain a review of any administrative determination concerning eligibility for participation utilizing the...


cooperating entity has employed a scheme or device to defeat the purposes of this part, any part of any program payment otherwise due or paid such a cooperating entity during...


This subpart sets forth the restrictions which apply to the use of credit guarantees under the Commodity Credit Corporation (CCC) Export Credit Guarantee Program...


CCC may use export credit guarantees: (a) To increase exports of U.S. agricultural commodities; (b) To compete against foreign agricultural exports; (c)...


cargo preference statement. (a) Restrictions on use of credit guarantees. (1) Export credit guarantees authorized under these regulations shall not be used...


The criteria considered by CCC in reviewing proposals for country allocations under the GSM-102 or GSM-103 programs, will include, but not be limited to,...


allocations. The criteria considered by CCC in reviewing proposals for specific U.S. commodity allocations within a specific country allocation will...


for GSM-103. Notwithstanding any other provision under this part, CCC shall not guarantee under the GSM-103 program the repayment of credit made available...


1493.10 General statement. (a) Overview. (1) This subpart contains the regulations governing the operations of the Export Credit Guarantee Program (GSM-102) and...


1493.20 Definition of terms. Terms set forth in this part, in CCC Program Announcements and Notices to Participants, and in any CCC-originated documents pertaining...


1493.30 Information required for program participation. Before CCC will accept an application for a payment guarantee under either the GSM-102 program or the GSM-103...


1493.40 Application for payment guarantee. (a) A firm export sale must exist before an exporter may submit an application for a payment guarantee. An application for...


1493.50 Certification requirements for obtaining payment guarantee. By providing the statement in Sec. 1493.40(a)(18), the exporter is certifying that the information...


1493.60 Payment guarantee. (a) CCC's obligation. The payment guarantee will provide that CCC agrees to pay the exporter or the exporter's assignee an amount not...


1493.70 Guarantee rates and fees. (a) Guarantee fee rates. The payment guarantee fee rates will be based upon the length of the payment terms provided for in the...


1493.80 Evidence of export. (a) Report of export. The exporter is required to provide CCC an evidence of export report for each shipment made under the payment...


1493.90 Certification requirements for the evidence of export. By providing the statement contained in Sec. 1493.80(a)(10), the exporter is certifying that the...


1493.100 Proof of entry. (a) Diversion. The diversion of commodities covered by a GSM-102 or GSM-103 payment guarantee to a country other than that shown on the...


1493.110 Notice of default and claims for loss. (a) Notice of default. If the foreign bank issuing the letter of credit fails to make payment pursuant to the terms of...


1493.120 Payment for loss. (a) Determination of CCC's liability. Upon receipt in good order of the information and documents required under Sec. 1493.110, CCC...


1493.130 Recovery of losses. (a) Notification. Upon payment of loss to the exporter or the exporter's assignee, CCC will notify the foreign bank of CCC's rights...


1493.140 Miscellaneous provisions. (a) Assignment. (1) The exporter may assign the proceeds which are, or may become, payable by CCC under a payment guarantee or the right...


otherwise noted. This subpart governs the Commodity Credit Corporation's (CCC) Facility Guarantee Program (FGP). CCC will issue facility payment guarantees...


have the following meaning: Assignee. A financial institution in the United States which, for adequate consideration given, has obtained the legal rights to receive...


guarantee if such exporter: (a) Is a citizen or legal resident of the United States or is a business organized under the laws of any state of the United States...


time to time CCC will issue program announcements indicating the availability of facility payment guarantees in connection with sales of goods or services to emerging markets....


(a) Initial application. An exporter may apply for a facility payment guarantee by submitting the following information: (1) A cover sheet with the title: ``Application for...


(a) Final application. An exporter who has received a letter of preliminary commitment may, within six months of the date of such letter, submit a final application to...


will agree to pay the exporter or the exporter's assignee an amount not to exceed the guaranteed value stipulated on the face of the facility payment guarantee, plus...


on documentation submitted to CCC under this subpart, is the exporter's certification that: (1) There have not been and are no arrangements for any payments...


exporter is required to provide CCC an evidence of export report for each shipment of goods or provision of services covered under the facility payment guarantee. Each report...


by a facility payment guarantee to a country other than that shown on the facility payment guarantee is prohibited, unless expressly authorized by the GSM. (b) Records...


default. If the foreign bank issuing the letter of credit fails to make payment pursuant to the terms of the foreign bank letter of credit or related obligation, the exporter or...


receipt in good order of the information and documents required under Sec. 1493.300, CCC will determine whether or not a loss has occurred for which CCC is liable...


loss to the exporter or the exporter's assignee, CCC will notify the foreign bank of CCC's rights under the subrogation agreement to recover all monies in default. (b)...


may assign the proceeds which are, or may become, payable by CCC under a facility payment guarantee or the right to such proceeds only to a financial institution in the U.S....


unless otherwise noted. (a) Overview. (1) This subpart contains the regulations governing the operations of the Supplier Credit Guarantee Program (SCGP)....


in CCC Program Announcements, Notices to Participants, and any other CCC-originated documents pertaining to the SCGP will have the following...


CCC will accept an application for a payment guarantee under the SCGP, the applicant must qualify for participation in this program. Based upon the information submitted by...


sale must exist before an exporter may submit an application for a payment guarantee. An application for a payment guarantee may be submitted in writing or may be made by...


the statement in Sec. 1493.430(a)(17), the exporter is certifying that the information provided in the application is true and correct and, further, that all requirements...


will provide that CCC agrees to pay the exporter or the exporter's assignee an amount not to exceed the guaranteed value, plus eligible interest, in the event that...


payment guarantee fee rate(s) will be available by Program Announcement. (b) Calculation of fee. The guarantee fee will be computed by multiplying the guaranteed value...


required to provide CCC an evidence of export report for each shipment made under the payment guarantee. This report must include the following: (1) Payment...


By providing the statement contained in Sec. 1493.470(a)(10), the exporter is certifying that the information provided in the evidence of export report is true and correct and,...


by a SCGP payment guarantee to a country other than that shown on the payment guarantee is prohibited, unless expressly authorized by the GSM. (b) Records of...


If the importer fails to make payment pursuant to the terms of the importer obligation, the exporter or the exporter's assignee must submit a notice of default to CCC as soon...


receipt in good order of the information and documents required under Sec. 1493.500, CCC will determine whether or not a loss has occurred for which CCC is liable...


loss to the exporter or the exporter's assignee, CCC will notify the importer of CCC's rights under the subrogation agreement to recover all moneys in default. (b) Receipt...


may assign the proceeds which are, or may become, payable by CCC under a payment guarantee or the right to such proceeds only to a financial institution in the U.S....


7, 1991, unless otherwise noted. This subpart sets forth the criteria to be considered in evaluating and approving proposals for initiatives to facilitate export...


include, but not be limited to, the following: (a) The expected contribution of proposed initiatives in furthering trade policy negotiations and, in particular,...


5676. This subpart contains the regulations governing the operation of the Export Enhancement Program (EEP) of the Commodity Credit Corporation (CCC). CCC will,...


to this subpart, and any documents pertaining to the EEP shall have the following meaning, unless otherwise specified in such Invitations or documents: (a)...


offer from an interested person, such person must qualify for participation in the program. Based upon information submitted by the interested person and available from...


to the submission of an offer to CCC in response to an Invitation, an eligible exporter must establish performance security, in a form which is acceptable to CCC, in order...


in the Invitation, CCC will consider offers on a daily basis from the date of issuance of the Invitation until such time that CCC announces that offers will no...


CCC bonuses. For each Invitation, CCC will establish sales prices for the eligible commodity and CCC bonus amounts which would be acceptable to CCC in terms of furthering...


CCC Certificates or in any other form specified in the applicable Invitation which CCC determines to be appropriate. (b) Quantity on which bonus is paid. The quantity...


with an Agreement with CCC. (1) An exporter which enters into an Agreement with CCC must ensure that the eligible commodity is exported from the U.S. and enters the...


the CCC Operations Division (Director, CCCOD) and the exporter will attempt to resolve any disputes, including any adverse determinations made by CCC, arising under the...


Agreement or any rights thereunder, including the right to receive a bonus under the Agreement. (b) Maintenance of records and access to premises. (1) For a period...


June 7, 1991, unless otherwise noted. This subpart sets forth the criteria to be considered in evaluating and approving proposals for initiatives to facilitate...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1494] [Page 799] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1494--EXPORT BONUS PROGRAMS--Table of Contents Subpart C--Dairy Export Incentive Program Criteria Sec. 1494.1101 Criteria. The criteria considered in evaluating and approving proposals for the DEIP are those set forth in Sec. 1494.20 of this part. ...


FR 45263, Oct. 1, 1992, unless otherwise noted. This subpart contains the regulations governing the operation of the Dairy Export Incentive Program (DEIP) of...


this subpart have been approved by the Office of Management and Budget (OMB) in accordance with the provisions of 44 U.S.C. chapter 35 and have been assigned OMB control...


governing procurement, including allocation to U.S. ports, of processed agricultural commodities for donation under Title II, Pub. L. 480. [44 FR 27407, May 10,...


(referred to in this subpart as ``FSA'') under the general supervision and direction of the Executive Vice President of CCC. The program will be administered through the...


documents related thereto, the following terms shall have the meaning assigned to them in this section. (a) AID means the Agency for International Development, an...


or process agricultural products for utilization in the Title II, Pub. L. 480 program. The invitations will specify the contract terms; the closing date for acceptance...


awarding contracts that will result in the lowest landed cost will prevail. Lowest landed cost will be calculated on the basis of U.S. flag rates and service for that portion...


a basis for procurement considerations, including evaluations and decisions regarding the physical facilities and performance of ports. Heavy reliance will be placed...


landed cost determinations. KCCO shall provide that information to an Ad Hoc Committee designated by the Administrator, FSA, to review the lowest landed cost determinations as...


Agricultural Counselor or Attache--the United States Foreign Agricultural Service representative stationed abroad, who has been assigned responsibilities with regard to...


under the section 416(b) and Food for Progress programs. This does not apply to donations to intergovernmental agencies or organizations (such as the World Food...


with the Agency for International Development (AID) in accordance with AID regulations; or (c) An entity that demonstrates to CCC's satisfaction: (1)...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1499] [Page 803] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1499--FOREIGN DONATION PROGRAMS--Table of Contents Sec. 1499.4 Availability of commodities from CCC inventory. CCC will periodically announce the types and quantities of agricultural commodities available for donation from CCC inventory for the section 416(b) program. [[Page 804]] ...


shall submit a Plan of Operation to the Director, PDD and to the Agricultural Counselor or Attache, if an Agricultural Counselor or Attache is resident in the...


imports of the types of agricultural commodities requested during the prior five years, by country of origin, and an estimate of imports of such commodities during...


incurred in delivering commodities to Cooperating Sponsors. CCC will deliver bulk grain shipments f.o.b. vessel, and shipments of all other commodities f.a.s. vessel...


subject to the requirements of sections 901(b) and 901b of the Merchant Marine Act, 1936, regarding carriage on U.S.-flag vessels. CCC will endeavor to meet...


commodities in the recipient country, including obtaining appropriate approvals for entry and transit. The Cooperating Sponsor shall store and maintain the commodities from time...


of the Program Agreement. (b) Commodities shall not be distributed within the importing country on the basis of political affiliation, geographic location, or the...


prior to the transfer of any commodities, sale proceeds or program income to the recipient agency. Copies of such agreements shall be provided to the Agricultural...


damage has rendered the commodities unfit for intended program purposes and sale or barter is necessary to mitigate loss of value. (b) A Cooperating Sponsor may, but is...


of commodities provided under a section 416(b) Program Agreement, or for packaging or repackaging prior to distribution. When a third party provides such...


the commodity is damaged prior to delivery to a governmental Cooperating Sponsor at discharge port or point of entry overseas, the Agricultural Counselor or Attache will...


on ocean vessel. The Cooperating Sponsor shall immediately notify KCCO, Chief, Export Operations Division if the Cooperating Sponsor will not have a vessel for loading at...


period of three (3) years from the date of export of the commodities that accurately reflect the receipt and use of the commodities and any proceeds realized from the sale...


of this part. An audit undertaken in accordance with OMB Circular A-133, shall fulfill the audit requirements of this section. Audits shall be performed at least...


by CCC if: (a) The Cooperating Sponsor fails to comply with the provisions of the Program Agreement or this part; (b) CCC determines that the continuation of...


proposals and reporting on program logistics and commodity sales. Cooperating Sponsors may obtain these guidelines from the...


of Management and Budget (OMB) for review under the Paperwork Reduction Act of 1995. OMB has assigned control number 0551-0035 for this information...




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