[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: 7CFR1430.304]

[Page 534-535]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1430_DAIRY PRODUCTS--Table of Contents
 
        Subpart C_2004 Dairy Disaster Assistance Payment Program
 
Sec.  1430.304  Eligibility.

    (a) Producers in the United States are eligible to receive 
hurricane-related dairy disaster benefits under this part only if they 
have suffered dairy production or dairy spoilage losses in counties 
declared a disaster by the President due to any hurricane in 2004. To be 
eligible to receive payments under this subpart, producers in a dairy 
operation must:
    (1) Have produced and commercially marketed milk in the United 
States and commercially marketed the milk produced during the 2004 
calendar year;
    (2) Be a producer on a dairy farm operation physically located in a 
disaster county where production and milk spoilage losses were incurred 
as a result of 2004 hurricanes, and limiting their claims to losses 
occurring in those counties;
    (3) Provide proof of monthly milk production dumped and commercially 
marketed by all persons in the eligible dairy operation during the third 
quarter of the 2004 milk marketing year, or other period as determined 
by FSA, to determine the total pounds of eligible losses that will be 
used for payment; and
    (4) Apply for payments during the application period established by 
the Deputy Administrator.
    (b) Payments may be made for losses suffered by an otherwise 
eligible producer who is now deceased or is a dissolved entity if a 
representative who currently has authority to enter into a contract for 
the producer or the producer's estate signs the application for payment. 
Proof of authority to sign for the deceased producer's estate or a 
dissolved entity must be provided. If a producer 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.
    (c) Producers associated with a dairy operation must submit a timely 
application and comply with terms and conditions of this subpart, 
instructions issued by CCC and instructions contained in the Application 
to be eligible for benefits under this subpart.
    (d) As a condition to receive benefits under this part, a producer 
must have

[[Page 535]]

been in compliance with the Highly Erodible Land Conservation and 
Wetland Conservation provisions of 7 CFR part 12 for the 2004 calendar 
year, as applicable, and must not otherwise be barred from receiving 
benefits under 7 CFR part 12 or any other law or regulation.
    (e) Payments are limited to losses in eligible counties in eligible 
months.
    (f) All payments under this part are subject to the availability of 
funds.