[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Rules and Regulations]
[Page 72878-72884]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de07-15]
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 760
RIN 0560-AH72
2005-2007 Livestock Compensation and Catfish Grant Programs
AGENCY: Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: This rule establishes the Farm Service Agency (FSA)
regulations for the 2007 Emergency Agricultural Assistance. The rule
implements legislation that provides funds for agricultural disaster
aid for eligible producers, specifically the continuation of the
Livestock Compensation Program (LCP) and the Catfish Grant Program
(CGP). The programs will provide financial assistance to eligible
livestock and catfish producers in counties designated as a major
disaster or emergency by the President or those declared a natural
disaster by the Secretary of Agriculture. Counties designated disasters
by the President may be eligible even though agricultural loss was not
covered by the designation if there has been an FSA Administrator's
Physical Loss Notice covering such losses. The natural disaster
declarations by the Secretary or designations by the President must
have been issued between January 1, 2005, and February 28, 2007; that
is after January 1, 2005, and before February 28, 2007. Counties
contiguous to such counties will also be eligible. These programs are
designed to provide financial assistance to producers who suffered feed
losses due to natural disasters in the eligible counties.
DATES: This rule is effective December 19, 2007.
FOR FURTHER INFORMATION CONTACT: Salomon Ramirez, Director, Production,
Emergencies, and Compliance Division; Farm Service Agency; United
States Department of Agriculture, STOP 0517, 1400 Independence Avenue,
SW., Washington, DC 20250-0517; telephone (202) 720-7641; e-mail
salomon.ramirez@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
This final rule implements certain agricultural assistance
provisions of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law
110-28) (the 2007 Emergency Supplemental). The 2007 Emergency
Supplemental authorizes the
[[Page 72879]]
Secretary of Agriculture (Secretary) to assist producers of livestock
through programs administered by the Farm Service Agency (FSA).
All counties, owners, lessees, livestock, and losses, must meet the
eligibility criteria provided in this rule. False certifications carry
severe ramifications. FSA will validate applications with random spot-
checks.
A payment limitation of $80,000 per program will be applicable to
payments made under the 2007 Emergency Supplemental. The amount of any
payment, for which a participant is eligible under either of these
programs, will be reduced by any amount received by the participant for
the same or any similar loss. Other restrictions apply including, but
not limited to, those pertaining to highly erodible land and wetland
conservation provisions. Livestock losses that are not weather-related
are not covered.
The average adjusted gross income (AGI) limitation, as administered
under 7 CFR part 1400, subpart G, will also apply. AGI eligibility will
be based on the average of the adjusted gross incomes for the three tax
years immediately preceding the tax year for which disaster assistance
is being requested, with the exclusion of any year(s) the individual or
entity did not have income or had an AGI of zero.
Section 9002(a) of the 2007 Emergency Supplemental appropriates to
the Secretary such sums as necessary to remain available until
expended, to provide compensation in eligible ``disaster counties'' to
livestock producers, including catfish producers, who, between January
1, 2005, and February 28, 2007, that is after January 1, 2005 and
before February 28, 2007, suffered feed losses or incurred additional
feed costs directly resulting from natural disasters. This would
include losses due to blizzards that started in 2006 and continued into
January, 2007. This also means livestock producers can elect to receive
compensation for losses in the calendar year 2007 grazing season that
are attributable to wildfires occurring during the applicable period,
as determined by the Secretary so long as the loss occurred before
February 28, 2007.
Accordingly, to be eligible for assistance under the 2005-2007
Livestock Compensation Program (LCP) or 2005-2007 Catfish Grant Program
(CGP), the participant must have suffered certain feed losses between
January 1, 2005, and February 28, 2007, that is after January 1, 2005
and before February 28, 2007. By statute, the livestock operation must
be physically located in a county, or contiguous to that county, having
a major disaster or emergency designated by the President or a natural
disaster declared by the Secretary, where, in both cases, the
declaration was made after January 1, 2005, but before February 28,
2007. For timely Presidential declarations that do not cover
agricultural loss, the subject counties may still be eligible if the
county was the subject because of the same disaster of an
Administrator's Physical Loss Notification (APLN). Livestock producers,
including catfish producers, incurring a loss in more than one of the
2005, 2006, and 2007 calendar years, must select only one year for
which to receive benefits.
The 2007 Emergency Supplemental directed the Secretary of
Agriculture to continue the livestock compensation program established
under subpart B of part 1416 of title 7, Code of Federal Regulations as
announced by the Secretary on February 12, 2007 (72 FR 6443). The
regulations in part 1416 are operated under the Commodity Credit
Corporation. However, no appropriations were specifically made to CCC
for LCP or CGP; rather, appropriations were made to the Secretary.
Therefore, the programs will be continued in a similar manner to the
existing programs, but are being established as FSA programs in 7 CFR
part 760.
To the greatest extent possible, however, the related regulations
in 7 CFR part 1416, subparts A, B, and I have been duplicated in 7 CFR
part 760 as new subparts K, L, and M. Subpart K specifies general
provisions for the 2005-2007 LCP and CGP. These general provisions
cover a range of requirements and information common to both programs,
including applicability; eligible counties, disaster events, and
disaster periods; definitions, and limitations on payments and
benefits. Subpart L provides the provisions for the 2005-2007 LCP.
Subpart M provides the provisions for the 2005-2007 CGP. Subparts L and
M each provide details about the administration of the program,
application for payment, eligible producers, and payment calculation.
In addition, Subpart L also provides details about applicability;
definitions; eligible livestock; application process, appeals, offsets,
assignments, and debt settlement; recordkeeping and inspections; and
refund liability.
The 2007 Emergency Supplemental also contains provisions relating
to the manner in which loss elections would be made, how sales of
livestock during the disaster would be handled, and other eligibility
matters. The regulations are consistent with those specifications. With
respect to sales made specifically due to the disaster, the rules base
payment caps on the number of animals held at the beginning date of the
disaster period, thus avoiding a penalty for sales as a result of the
disaster, except when livestock are normally sold before the beginning
date of the grazing period.
LCP will provide assistance for eligible producers (owners and cash
lessees) of eligible livestock located in a total of 2,944 counties.
These 2,944 counties refer to the total number of declared, designated,
and FSA Administrator Physical Loss Notice counties, regardless of the
number of times for which they received disaster declarations between
January 1, 2005, and February 28, 2007, as well as counties contiguous
to these counties. A list of eligible counties is located on the FSA
website. For catfish payments, a cap is set that limits payments to 61
percent of 1/6th of the cost of a normal ton of feed. Six months is the
normal feeding period for catfish. This cap effectively limits the
potential payment for a year's worth of feed purchases, even if for
2007 they are all purchased in the eligible part of 2007, to 30 days
worth of payments.
Notice and Comment
These regulations are exempt from the notice and comment
requirements of the Administrative Procedures Act (5 U.S.C. 553), as
specified in section 9005 of the 2007 Emergency Supplemental, which
requires that the regulations be promulgated and administered without
regard to the notice and comment provisions of Section 553 of title 5,
United States Code or of the Statement of Policy of the Secretary
effective July 24, 1971 (36 FR 13804) relating to notices of proposed
rulemaking and public participation in rulemaking.
Executive Order 12866
This rule has been determined to be economically significant under
Executive Order 12866 and has been reviewed by the Office of Management
and Budget. A Cost-Benefit Analysis (CBA) was completed and is
available from the contact person listed above.
Summary of Economic Impacts
The natural disasters covered by the 2005-2007 LCP include various
hurricanes, droughts, wildfires, and blizzards that occurred after
January 1, 2005, but before February 28, 2007. The purpose of the 2005-
2007 LCP is to provide compensation to eligible livestock producers for
the value of actual feed lost or certain feed costs incurred as the
result of an eligible disaster. To be eligible for payments,
[[Page 72880]]
producers self-certify to the livestock owned or cash leased on the
beginning date of the applicable disaster period and to their feed
losses.
Expected feed losses were calculated for the states that were known
to have incurred feed losses or additional feed costs, due to droughts,
hurricanes, blizzards, or other disasters, after January 1, 2005, but
before February 28, 2007. Potentially, all states could have incurred
grazing or forage losses or higher forage costs from drought that
occurred during that time interval because nearly all rural counties in
the United States were designated primary disaster counties because of
drought sometime during that period, or were counties located
contiguously to such primary counties. Covered losses include eligible,
forage losses that may have been incurred from blizzards that occurred
in December 2006 and January 2007 in southeastern Colorado, western
Kansas, one county in Oklahoma, and two counties in Northeastern New
Mexico, and from wildfires in early 2007 in the southeastern United
States.
Payments under the 2005-2007 LCP should provide benefits to those
immediate communities where feed loss or increased feed cost occurred
as a result of the disasters such as drought, hurricanes, ice storms,
blizzards, and tornados after January 1, 2005, but before February 28,
2007. These payments could have noticeable regional effects,
particularly in counties severely affected by declared disasters, but
overall, payments are not expected to have a measurable economic impact
nationally.
The 2005-2007 LCP authorizes assistance for eligible owners and
cash lessees of eligible livestock located in a total of 2,944 counties
timely declared or designated as disaster counties by the Secretary of
Agriculture, the President, including those Presidentially declared
counties with a qualifying FSA Administrator's Physical Loss
Notification, plus counties contiguous to those counties so declared or
designated counties . These counties are located in all fifty states
and Puerto Rico. These 2,944 counties refer to the total number of
individual counties regardless of the number of years or disasters in
which they qualify. Qualifying declarations of designations must, to
qualify, have been made after January 1, 2005, and before February 28,
2007.
The value of expected claims under the 2005-2007 LCP is estimated
at $684 million. To the extent program payments are ultimately spent on
forage or grain or affect the total supply of available livestock, the
impacts of the 2005-2007 LCP on any sector of the economy, including
livestock feed prices, livestock prices, and consumer prices, are not
expected to be measurable. The effect on aggregate social welfare of
any slight redistribution of wealth and income resulting from the 2005-
2007 LCP payment claims is expected to be slight. However, for those
producers who have suffered losses due to any of several disasters that
occurred after January 1, 2005, but before February 28, 2007, and
qualify for payments under the 2005-2007 LCP, their farm income losses
will be somewhat offset or reduced by these payments, and they and
their local communities will benefit accordingly.
The purpose of the CGP is to provide grants to states for the
purpose of compensating catfish producers for eligible disaster-related
feed losses that occurred after January 1, 2005, but before February
28, 2007. The states then are to distribute the grant monies to catfish
producers who suffered eligible feed losses. Most of the losses for
which compensation is likely to be made are for producers located in
Louisiana, Mississippi, and Texas, where about 59 percent of the
nation's catfish are produced, and which bore the brunt of hurricane
Katrina, which is believed responsible for most of the feed losses by
catfish in these States. Producers must prove their feed losses.
FSA estimates the expected value of the block grants necessary to
compensate expected feed losses to be $3.7 million. The estimated $3.7
million is calculated from maximum possible feed losses of $16.5
million for all states. FSA believes eligible feed losses in Louisiana,
Mississippi, and Texas could account for 30 percent of maximum possible
losses in those states and eligible feed losses could approximate 10
percent of maximum possible losses in the other 7 major catfish
producing states.
Expected grant assistance of $3.7 million should help catfish
producers to restore their purchasing power from feed losses incurred
by disasters (mainly hurricanes) that occurred after January 1, 2005,
but before February 28, 2007.
Regulatory Flexibility Act
This rule is not subject to the Regulatory Flexibility Act since
the Farm Service Agency is not required to publish a notice of proposed
rulemaking for this rule.
Environmental Review
The environmental impacts of this rule have been considered in a
manner consistent with the provisions of the National Environmental
Policy Act (NEPA), 42 U.S.C. 4321-4347, the regulations of the Council
on Environmental Quality (40 CFR parts 1500-1508), and the FSA
regulations for compliance with NEPA (7 CFR part 799). The following
final rule was determined to be Categorically Excluded because it is
considered a ministerial action solely involving the transfer of funds
to offset disaster related losses with no site-specific or ground-
disturbing actions occurring as a requirement or an immediate result of
program implementation. Therefore, no environmental assessment or
environmental impact statement will be completed for this final rule.
Executive Order 12372
This program is not subject to Executive Order 12372, which
requires consultation with State and local officials. See the notice
related to 7 CFR part 3015, subpart V, published in the Federal
Register on June 24, 1983 (48 FR 29115).
Executive Order 12612
This rule does not have Federalism implications that warrant the
preparation of a Federalism Assessment. This rule will not have a
substantial direct effect on States or their political subdivisions or
on the distribution of power and responsibilities among the various
levels of government.
Executive Order 12988
This rule has been reviewed under Executive Order 12988. This final
rule is not retroactive and it does not preempt State or local laws,
regulations, or policies unless they present an irreconcilable conflict
with this rule. Before any judicial action may be brought regarding the
provisions of this rule the administrative appeal provisions of 7 CFR
parts 11 and 780 must be exhausted.
Unfunded Mandates
This rule contains no Federal mandates under the regulatory
provisions of Title II of the UMRA for State, local, and tribal
government or the private sector. Therefore, this rule is not subject
to the requirements of sections 202 and 205 of the UMRA.
Paperwork Reduction Act
These regulations are exempt from the requirements of the Paperwork
Reduction Act (44 U.S.C. Chapter 35), as specified in section
9005(b)(3) of the 2007 Emergency Supplemental, which provides that
these regulations, which are necessary to implement title IX of the
2007 Emergency Supplemental, be
[[Page 72881]]
promulgated and administered without regard to the Paperwork Reduction
Act.
E-Government Act Compliance
FSA is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule has been determined to be Major under the Small Business
Regulatory Enforcement Fairness Act of 1996, (Pub. L. 104-121)
(SBREFA). SBREFA normally requires that an agency delay the effective
date of a major rule for 60 days from the date of publication to allow
for Congressional review. Section 808 of SBREFA allows an agency to
make a major regulation effective immediately if the agency finds there
is good cause to do so. Consistent with section 9005(c) of the 2007
Emergency Supplemental, FSA finds that it would be contrary to the
public interest to delay implementation of this rule because it would
significantly delay assistance to the many people affected by the
disasters addressed by this rule. Therefore, this rule is effective
immediately.
List of Subjects in 7 CFR Part 760
Agriculture, Disaster assistance, Fish, Livestock.
0
For the reasons explained above, 7 CFR part 760 is amended as follows:
PART 760--INDEMNITY PAYMENT PROGRAMS
0
1. Revise the authority citation for 7 CFR part 760 to read as follows:
Authority: 7 U.S.C. 612c; Pub. L. 106-387, 114 Stat. 1549; Pub.
L. 107-76, 115 Stat. 704; Title III, Pub. L. 109-234, 120 Stat. 474;
16 U.S.C. 3801, note; and Title IX, Pub.L. 110-28.
0
2. Amend 7 CFR part 760 by adding new subparts K, L, and M to read as
follows:
Subpart K--General Provisions for 2005-2007 Livestock Compensation and
Catfish Grant Programs
Sec.
760.1000 Applicability.
760.1001 Eligible counties, disaster events, and disaster periods.
760.1002 Definitions.
760.1003 Limitations on payments and other benefits.
Subpart L--2005-2007 Livestock Compensation Program
760.1100 Applicability.
760.1101 Administration.
760.1102 Definitions.
760.1103 Eligible livestock and producers.
760.1104 Application for payment.
760.1105 Application process.
760.1106 Payment calculation.
760.1107 Appeals.
760.1108 Offsets, assignments, and debt settlement.
760.1109 Recordkeeping and inspections.
760.1110 Refunds; joint and several liability.
Subpart M--2005-2007 Catfish Grant Program
760.1200 Administration.
760.1201 Application for payment.
760.1202 Eligible producers.
760.1203 Payment calculation.
Subpart K--General Provisions for 2005-2007 Livestock Compensation
and Catfish Grant Programs
Sec. 760.1000 Applicability.
(a) This subpart establishes the terms and conditions under which
the following programs will be administered under Title IX of the U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 for participants affected by
eligible disaster events and located in counties that are eligible as
specified in Sec. 760.1001:
(1) The 2005-2007 Livestock Compensation Program (2005-2007 LCP);
and
(2) The 2005-2007 Catfish Grant Program (2005-2007 CGP).
(b) Farm Service Agency (FSA) funds as are necessary for the
programs in subparts L and M of this part are available under Title IX
of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007.
Sec. 760.1001 Eligible counties, disaster events, and disaster
periods.
(a) Except as provided in this subpart, FSA will provide assistance
under the programs listed in Sec. 760.1000 to eligible participants
who have suffered certain losses due to eligible disaster events in
eligible disaster counties provided in paragraph (c) of this section.
(b) The ``Disaster Period'' is the time period in which losses
occurred for the particular disaster that may be considered eligible
for the programs under subparts L and M of this part. The start and end
dates for each eligible disaster period are specified at http://disaster.fsa.usda.gov
.
(c) Eligible counties are those primary counties declared by the
Secretary or designated for the applicable loss by the President,
including counties contiguous to those counties, between January 1,
2005, and February 28, 2007 (that is after January 1, 2005 and before
February 28, 2007). The listing is provided at http://disaster.fsa.usda.gov.
For counties where there was an otherwise timely
Presidential declaration, but the declarations do not cover
agricultural physical loss, the subject counties may still be eligible
if the counties were the subject of an approved Administrator's
Physical Loss Notice (APLN) when the APLN applies to a natural disaster
timely designated by the President.
Sec. 760.1002 Definitions.
The following definitions apply to the programs in subpart L and M
of this part. The definitions in parts 718 and 1400 of this title also
apply, except where they conflict with the definitions in this section.
Commercial use means a use performed as part of the operation of a
business activity engaged in as a means of livelihood for profit by the
eligible producer.
Farming operation means a business enterprise engaged in producing
agricultural products.
Sec. 760.1003 Limitations on payments and other benefits.
(a) A participant may receive benefits for eligible livestock feed
losses, including additional feed costs, for only one of the 2005,
2006, or 2007 calendar years under 2005-2007 LCP, subpart L of this
part, or under the CGP of subpart M of this part.
(b) As specified in Sec. 760.1106(c), the payment under the 2005-
2007 LCP may not exceed the smaller of the calculated payment in Sec.
760.1106(a) or the value of the producer's eligible feed loss,
increased feed costs, or forage or grazing loss.
(c) A person may receive no more than $80,000 under 2005-2007 LCP,
subpart L of this part. In applying the $80,000 per person payment
limitation, regardless of whether the 2005, 2006, or 2007 calendar year
benefits are at issue or sought, the most restrictive ``person''
determination for the participant in the years 2005, 2006, and 2007,
will be used to limit benefits. The rules and definitions of part 1400
of this title apply in construing who is a qualified separate
``person'' for purposes of this limit. All payment eligibility
requirements of part 1400 as they apply to any other payments, also
apply to payments under subpart L of this part.
(d) For payments under 2005-2007 CGP, a farming operation may
receive no more than $80,000, except for general partnerships and joint
ventures, in which case assistance will not exceed
[[Page 72882]]
$80,000 times the number of eligible members of the general partnership
or joint venture. This limit must be enforced by the state government
administering the grant program.
(e) The provisions of part 1400, subpart G, of this title apply to
these programs. That is the rules that limit the eligibility for
benefits of those individuals or entities with an adjusted gross income
greater than a certain limit will be applied in the same manner to
payments under subparts L and M of this part.
(f) As a condition to receive benefits under subparts L and M of
this part, a participant must have been in compliance with the
provisions of parts 12 and 718 of this title for the calendar year for
which benefits are being requested and must not otherwise be precluded
from receiving benefits under any law.
(g) An individual or entity determined to be a foreign person under
part 1400 of this title is not eligible to receive benefits under
subparts L and M of this part.
(h) In addition to limitations provided in subparts L and M of this
part, participants cannot receive duplicate benefits under subparts L
and M of this part for the same loss or any similar loss under:
(1) An agricultural disaster assistance provision contained in the
announcement of the Secretary on January 26, 2006, or August 29, 2006;
(2) The Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006 (Pub. L. 109-234;
120 Stat. 418); or
(3) Any other disaster assistance program.
Subpart L-2005-2007 Livestock Compensation Program
Sec. 760.1100 Applicability.
This subpart sets forth the terms and conditions applicable to the
2005-2007 Livestock Compensation Program (LCP).
Sec. 760.1101 Administration.
(a) This program is administered under the general supervision of
the Administrator, Farm Service Agency (FSA).
(b) FSA representatives do not have authority to modify or waive
any of the provisions of the regulations of this subpart.
(c) The State FSA committee must take any action required by the
regulations of this subpart that the county FSA committee has not
taken. The State committee must also:
(1) Correct, or require a county committee to correct, any action
taken by such county committee that is not in accordance with the
regulations of this subpart; or
(2) Require a county committee to withhold taking any action that
is not in accordance with this subpart.
(d) No provision or delegation to a State or county FSA committee
will preclude the FSA Deputy Administrator for Farm Programs (Deputy
Administrator), or a designee of such, from determining any question
arising under the program or from reversing or modifying any
determination made by a State or county FSA committee.
(e) The Deputy Administrator for Farm Programs may authorize state
and county committees to waive or modify nonstatutory deadlines or
other program requirements in cases where lateness or failure to meet
such does not adversely affect the operation of the program.
Sec. 760.1102 Definitions.
The following definitions apply to this subpart.
Adult beef bull means a male beef bovine animal that was at least 2
years old and used for breeding purposes on the beginning date of the
disaster period.
Adult beef cow means a female beef bovine animal that had delivered
one or more offspring before the disaster period. A first-time bred
beef heifer is also considered an adult beef cow if it was pregnant on
the beginning date of the disaster period.
Adult buffalo and beefalo bull means a male animal of those breeds
that was at least 2 years old and used for breeding purposes on the
beginning date of the disaster period.
Adult buffalo and beefalo cow means a female animal of those breeds
that had delivered one or more offspring before the beginning date of
the applicable disaster period. A first-time bred buffalo or beefalo
heifer is also considered to be an adult buffalo or beefalo cow if it
was pregnant on the beginning date of the disaster period.
Adult dairy bull means a male dairy bovine breed animal at least 2
years old used primarily for breeding dairy cows on the beginning date
of the disaster period.
Adult dairy cow means a female bovine animal used for the purpose
of providing milk for human consumption that had delivered one or more
offspring before the beginning date of the applicable disaster period.
A first-time bred dairy heifer is also considered an adult dairy cow if
it was pregnant on the beginning date of the disaster period.
Agricultural operation means a farming operation.
Application means the ``2005/2006/2007 Livestock Compensation
Program'' form.
Application period means the date established by the Deputy
Administrator for Farm Programs for participants to apply for program
benefits.
Disaster period means the applicable disaster period specified in
Sec. 760.1001.
Equine animal means a domesticated horse, mule, or donkey.
Goat means a domesticated, ruminant mammal of the genus Capra,
including Angora goats.
Non-adult beef cattle means a bovine animal that weighed 500 pounds
or more on the beginning date of the disaster period, but does not meet
the definition of an adult beef cow or bull.
Non-adult buffalo/beefalo means an animal of those breeds that
weighed 500 pounds or more on the beginning date of the disaster
period, but does not meet the definition of an adult buffalo or beefalo
cow or bull.
Non-adult dairy cattle means a bovine livestock, of a breed used
for the purpose of providing milk for human consumption, that weighed
500 pounds or more on the beginning date of the disaster period, but
does not meet the definition of an adult dairy cow or bull.
Owner means one who had legal ownership of the livestock for which
benefits are being requested under this subpart on the beginning date
of the applicable disaster period as set forth in Sec. 760.1001.
Poultry means a domesticated chicken, turkey, duck, or goose.
Poultry are further delineated by sex, age and purpose of production,
as determined by FSA.
Sheep means a domesticated, ruminant mammal of the genus Ovis.
Swine means a domesticated omnivorous pig, hog, and boar. Swine are
further delineated by sex and weight as determined by FSA.
Sec. 760.1103 Eligible livestock and producers.
(a) To be considered eligible livestock to generate benefits under
this subpart, livestock must meet all the following conditions:
(1) Be adult or non-adult dairy cattle, beef cattle, buffalo,
beefalo, equine, poultry, elk, reindeer, sheep, goats, swine, or deer;
(2) Been physically located in the eligible disaster county on the
beginning date of the disaster period;
(3) Been maintained for commercial use as part of the producer's
farming operation on the beginning date of the disaster period; and
(4) Not have been produced and maintained for reasons other than
[[Page 72883]]
commercial use as part of a farming operation. Such excluded uses
include, but are not limited to, wild free roaming animals or animals
used for recreational purposes, such as pleasure, roping, hunting,
pets, or for show.
(b) To be considered an eligible livestock producer, the
participant's eligible livestock must have been located in the eligible
disaster county on the beginning date of the disaster period. To be
eligible, also, the livestock producer must have:
(1) Owned or cash-leased eligible livestock on the beginning date
of the disaster period (provided that if there is a cash lease, only
the cash lessee and not the owner will be eligible); and
(2) Suffered any of the following:
(i) A grazing loss on eligible grazing lands physically located in
the eligible disaster county, where the forage was damaged or destroyed
by an eligible disaster event, and intended for use as feed for the
participant's eligible livestock;
(ii) A loss of feed from forage or feedstuffs physically located in
the eligible disaster county, that was mechanically harvested and
intended for use as feed for the participant's eligible livestock, that
was damaged or destroyed after harvest as the result of an eligible
disaster event;
(iii) A loss of feed from purchased forage or feedstuffs physically
located in the eligible disaster county, intended for use as feed for
the participant's eligible livestock, that was damaged or destroyed by
an eligible disaster event; or
(iv) Increased feed costs incurred in the eligible disaster county,
due to an eligible disaster event, to feed the participant's eligible
livestock.
(c) The eligible livestock categories are:
(1) Adult beef cows or bulls;
(2) Non-adult beef cattle;
(3) Adult buffalo or beefalo cows or bulls;
(4) Non-adult buffalo or beefalo;
(5) Adult dairy cows or bulls;
(6) Non-adult dairy cattle;
(7) Goats;
(8) Sheep;
(9) Equine;
(10) Reindeer;
(11) Elk;
(12) Poultry; and
(13) Deer.
(d) Ineligible livestock include, but are not limited to,
livestock:
(1) Livestock that were or would have been in a feedlot regardless
of whether there was a disaster or where such livestock were in a
feedlot as part of a participant's normal business operation, as
determined by FSA;
(2) Emus;
(3) Yaks;
(4) Ostriches;
(5) Llamas;
(6) All beef and dairy cattle, and buffalo and beefalo that weighed
less than 500 pounds on the beginning date of the disaster period;
(7) Any wild free roaming livestock, including horses and deer;
(8) Livestock produced or maintained for reasons other than
commercial use as part of a farming operation, including, but not
limited to, livestock produced or maintained for recreational purposes,
such as:
(i) Roping,
(ii) Hunting,
(iii) Show,
(iv) Pleasure,
(v) Use as pets, or
(vi) Consumption by owner.
Sec. 760.1104 Application for payment.
(a) To apply for 2005-2007 LCP, an application and required
supporting documentation must be submitted to the administrative county
FSA office.
(b) The application must be filed during the application period
announced by the Deputy Administrator for Farm Programs.
(c) Payments may be made for eligible losses suffered by an
eligible livestock producer who is now a deceased individual or is a
dissolved entity if a representative who currently has authority to
enter into a contract, on behalf of the livestock producer, signs the
application for payment. Legal documents showing proof of authority to
sign for the deceased individual or dissolved entity must be provided.
If a participant is now a dissolved general partnership or joint
venture, all members of the general partnership or joint venture at the
time of dissolution or their duly authorized representatives must sign
the application for payment.
(d) Data furnished by the participant will be used to determine
eligibility for program benefits. Furnishing the data is voluntary;
however, without all required data program benefits will not be
approved or provided.
(e) A minor child is eligible to apply for program benefits if all
eligibility requirements are met and one of the following conditions
exists:
(1) The right of majority has been conferred upon the minor by
court proceedings or statute;
(2) A guardian has been appointed to manage the minor's property,
and the applicable program documents are executed by the guardian; or
(3) A bond is furnished under which a surety guarantees any loss
incurred for which the minor would be liable had the minor been an
adult.
Sec. 760.1105 Application process.
(a) Participants must submit to FSA:
(1) A completed application in accordance with Sec. 760.1104;
(2) Adequate proof, as determined by FSA, that the feed lost:
(i) Was for the claimed eligible livestock;
(ii) Was lost as a direct result of an eligible disaster event
during an eligible disaster period specified in Sec. 760.1001;
(iii) Was lost after January 1, 2005, but before February 28, 2007;
and
(iv) Occurred in the calendar year for which benefits are being
requested; and
(3) Any other supporting documentation as determined by FSA to be
necessary to make a determination of eligibility of the participant.
Supporting documents include, but are not limited to: verifiable
purchase records; veterinarian records; bank or other loan papers;
rendering truck receipts; Federal Emergency Management Agency records;
National Guard records; written contracts; production records; Internal
Revenue Service records; property tax records; private insurance
documents; sales records, and similar documents determined acceptable
by FSA.
(b) [Reserved]
Sec. 760.1106 Payment calculation.
(a) Preliminary, unadjusted LCP payments are calculated for a
producer by multiplying the national payment rate for each livestock
category, as provided in paragraph (c) of this section, by the number
of eligible livestock for the producer in each category. The national
payment rate represents the cost of the amount of corn needed to
maintain the specific livestock for 30 days, as determined by FSA. As
provided in subpart K of this part, a producer may receive benefits for
only one of the three program years, 2005, 2006, or 2007. The producer
must indicate which year has been chosen. Payments are available only
with respect to disaster-related fees losses in the period from January
2, 2005 through February 27, 2007, in eligible counties for losses
during the times specified for the disaster periods as specified in
Sec. 760.1001(b).
(b) The preliminary LCP payment calculated in accordance with
paragraph (a) of this section:
(1) For 2005 LCP provided for under this subpart will be reduced by
the amount the participant received for the specific livestock under
the Feed Indemnity Program in accordance with subpart D of this part
and LCP for the 2005 hurricanes under subpart B of part 1416 of this
title; and
(2) For 2006 LCP under this subpart will be reduced by the amount
the
[[Page 72884]]
participant received for the same or similar loss under the Livestock
Assistance Grant Program in accordance with subpart H of this part.
(c) Subject to such other limitations as may apply, including those
in paragraph (b) of this section, the payment under the 2005-2007 LCP
may not exceed for the relevant year chosen by the producer the smaller
of either the:
(1) Payment calculated in paragraph (a) of this section for that
year; or
(2) Value of the producer's eligible feed loss, increased feed
costs, or forage or grazing loss as determined by FSA for that year.
(d) The actual payment to the producer will be the amount provided
for in paragraph (c) of this section subject to the adjustments and
limits provided for in this section or in this part.
Sec. 760.1107 Appeals.
The appeal regulations in parts 11 and 780 of this title apply to
determinations made under this subpart.
Sec. 760.1108 Offsets, assignments, and debt settlement.
(a) Any payment to any participant will be made without regard to
any claim or lien against the commodity, or proceeds, in favor of the
owner or any other creditor except agencies of the U.S. Government. The
regulations governing offsets and withholdings in parts 792 and 1403 of
this title apply to payments made under this subpart.
(b) Any participant entitled to any payment may assign any payments
in accordance with regulations governing the assignment of payments in
part 1404 of this chapter.
Sec. 760.1109 Recordkeeping and inspections.
Participants receiving payments under this subpart or any other
person who furnishes information for the purposes of enabling the
participant to receive a payment under this subpart must maintain any
books, records, and accounts supporting that information for a minimum
of 3 years following the end of the year during which the application
for payment was filed. Participants receiving payments or any other
person who furnishes the information to FSA must allow authorized
representatives of USDA and the General Accounting Office, during
regular business hours, and to enter upon, inspect, examine, and make
copies of the books or records, and to inspect and verify all
applicable livestock and acreage in which the participant has an
interest for the purpose of confirming the accuracy of the information
provided by or for the participant.
Sec. 760.1110 Refunds; joint and several liability.
In the event there is a failure to comply with any term,
requirement, or condition for payment or assistance arising under this
subpart, and if any refund of a payment to FSA will otherwise become
due in connection with this subpart, all payments made in regard to
such matter must be refunded to FSA together with interest and late-
payment charges as provided for in part 792 of this title, provided
that interest will run from the date of the disbursement of the refund
to the producer.
Subpart M--2005-2007 Catfish Grant Program
Sec. 760.1200 Administration.
FSA will administer a limited 2005-2007 CGP to provide assistance
to catfish producers in eligible counties that suffered catfish feed
and related losses between January 1, 2005, and February 28, 2007, that
is after January 1, 2005, and before February 28, 2007. Under the 2005-
2007 CGP, FSA will provide grants to State governments in those States
that have catfish producers that are located in eligible counties and
that have agreed to participate in the 2005-2007 CGP. The amount of
each grant will be based on the total value of catfish feed and related
losses suffered in eligible counties in the subject state. Each State
must submit a work plan providing a summary of how the State will
implement the 2005-2007 CGP.
Sec. 760.1201 Application for payment.
Application procedures for 2005-2007 CGP will be as determined by
the State governments.
Sec. 760.1202 Eligible producers.
(a) To be considered an eligible catfish producer, an participant
must:
(1) Raise catfish in a controlled environment and be physically
located in an eligible county on the beginning date of the disaster
period;
(2) Maintain the catfish for commercial use as part of a farming
operation;
(3) Have a risk in production of such catfish; and
(4) Have suffered one of the following types of losses relating to
catfish feed as a direct result of the county's disaster event that
occurred in that year:
(i) Physical loss of feed that was damaged or destroyed,
(ii) Cost to the extent allowed by FSA, associated with lost
feeding days, or
(iii) Cost associated with increased feed prices.
(b) [Reserved]
Sec. 760.1203 Payment calculation.
(a) Producers must be paid for feed losses of higher costs only for
one of the three years, 2005, 2006, or 2007, and the loss must be for
eligible catfish feed losses in an eligible county, as determined
pursuant to subpart K of this part. Further, the feed loss or higher
costs must be caused by the disaster that caused the county to qualify
as an eligible county. The loss, moreover, to qualify for payment, must
have occurred during the allowable time period provided in this part,
namely the period beginning on January 2, 2005 and ending February 27,
2007. The producer must pick the year of the benefits sought.
(b) Subject to all adjustments and limits provided for in this part
the amount of assistance provided to each participant from the State
will be equal to the smaller of:
(1) Depending on the year chosen by the producer, the value of the
participant's 2005, 2006, or 2007 catfish feed and related losses as a
direct result of an eligible disaster event, as determined by the State
or
(2) Result of multiplying:
(i) Total tons of catfish feed purchased by the participant in
depending on the year chosen by the producer 2005 (entire year), 2006
(entire year), or 2007 (through February 27, 2007, only), times,
(ii) Catfish feed payment rate for 2005, 2006, or 2007, as
applicable, as set by FSA.
(c) The catfish feed rate represents 61 percent of the normal cost
of a ton of feed for a year divided by six to reflect the normal
feeding price for catfish.
Signed in Washington, DC, December 18, 2007.
Teresa C. Lasseter,
Administrator, Farm Service Agency.
[FR Doc. 07-6154 Filed 12-19-07; 9:03 am]
BILLING CODE 3410-05-P