[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1421.305]

[Page 452-453]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1421_GRAINS AND SIMILARLY HANDLED COMMODITIES_MARKETING ASSISTANCE LOANS 
 
Subpart D_Grazing Payments for 2002	2007 Crop of Wheat, Barley, Oats and 
                                Triticale
 
Sec.  1421.305  Payment amount.

    (a) The grazing payment rate shall be the loan deficiency payment in 
effect for the farm on the date which the producer submits a complete 
program application to CCC. For triticale, the loan deficiency payment 
rate will be equal to the rate for the predominant class of wheat in the 
county where the farm is located in effect as of the date of the 
application is filed.
    (b) The payable units of production shall be computed by multiplying 
the eligible grazed acres by the applicable yield determined under 
paragraph (c) of this section.
    (c) The payment yield shall be the yield in effect for the 
calculation of direct payments under part 1412 of this chapter. In a 
case of a farm for which a farm program payment yield is unavailable for 
a covered commodity, an appropriate payment yield for the covered 
commodity on the farm will be determined by CCC taking into 
consideration the farm program payment yields applicable to the 
commodity using three (3) similar farms. For triticale, the payment 
yield shall be the yield for wheat from three (3) similar farms in that 
county.
    (d) No payment may be received or retained under this subpart to the 
extent that the payment, were they considered to be LDP's, would place 
that person over the per person per year payment limit that applies to 
LDP's. The producer agrees that the CCC may collect any payment 
considered to be an overpayment by reason of this subsection by 
withholding LDP payments until the matter is resolved, by treating the 
LDP as being not payable to the extent that a grazing refund would 
otherwise be due , by setoff, or by any other means available to CCC.
    (e) Payments can be withheld until the actual grazed acreage is 
verified and justified in connection with any other reports filed with 
FSA with respect to the farm (or filed with some other person or agency) 
and until all

[[Page 453]]

other necessary information is obtained. The CCC may require such other 
verification as it deems appropriate to assure that the program goals 
are met.
    (f) To receive the payment, the eligible producer must submit a 
request for payment on an application form as prescribed by CCC or FSA. 
The application may be obtained from the county FSA office, or from the 
USDA or FSA web site in the Internet. The form must be submitted to the 
county by the close of business on or before March 31 of the applicable 
crop year.
    (g) The producer will ineligible for payments under this subpart if 
any discrepancies between the reported acreage on the program form and 
other reports of acreage by the producer are not resolved by a date set 
by the CCC.
    (h) Unless otherwise authorized by the Deputy Administrator, all 
payment shall be made no later than September 28, 2001.

[66 FR 13404, Mar. 6, 2001. Redesignated and amended at 67 FR 63511, 
63524, Oct. 11, 2002]