[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: 7CFR1437.15]

[Page 599]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1437_NONINSURED CROP DISASTER ASSISTANCE PROGRAM--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  1437.15  Miscellaneous provisions.

    (a) To be eligible for benefits under 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 this title, providing for 
ineligibility for benefits for offenses involving controlled substances, 
shall apply.
    (c) A person shall be ineligible to receive assistance under this 
part for the crop year plus two subsequent crop years if it is 
determined by 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 under this part;
    (2) Made any fraudulent representation with respect to such program; 
or
    (3) Misrepresented any fact affecting a program determination.
    (d) All amounts paid by CCC to any such producer, applicable to the 
crop year in which a violation of this part occurs, must be refunded to 
CCC together with interest and other amounts as determined appropriate 
to the circumstances by CCC.
    (e) All persons with a financial interest in the operation receiving 
benefits under this part shall be jointly and severally liable for any 
refund, including related charges, which is determined to be due CCC for 
any reason under this part.
    (f) In the event that any request for assistance or payments under 
this part was established as result of erroneous information or a 
miscalculation, the assistance or payment shall be recalculated and any 
excess refunded with applicable interest.
    (g) The liability of any person for any penalty under this part or 
for any refund to CCC or related charge arising in connection therewith 
shall be in addition to any other liability of such person under any 
civil or criminal fraud statute or any other provision of law including, 
but not limited to: 18 U.S.C. 286, 287, 371, 641, 651, 1001 and 1014; 15 
U.S.C. 714m; and 31 U. S. C. 3729.
    (h) The appeal regulations at parts 11 and 780 of this title apply 
to decisions made according to this part.
    (i) Any payment or portion thereof to any person shall be made 
without regard to questions of title under State law and without regard 
to any claim or lien against the crop, or proceeds thereof.
    (j) For the purposes of 28 U.S.C. 3201(e), the Secretary hereby 
waives the restriction on receipt of funds or benefits under this 
program but only as to beneficiaries who as a condition of such waiver 
agree to apply the benefits to reduce the amount of the judgement lien.
    (k) The provisions of parts 1400, 1403 and 1404 of this chapter 
apply to NAP.
    (l) In the case of death, incompetence or disappearance of any 
person who is eligible to receive payments under this part, such 
payments will be disbursed in accordance with part 707 of this title.