[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1437.504]

[Page 633-634]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1437_NONINSURED CROP DISASTER ASSISTANCE PROGRAM--Table of Contents
 
          Subpart F_Determining Coverage in the Tropical Region
 
Sec. 1437.504  Notice of loss for covered tropical crops.

    (a) The provisions of Sec. 1437.10(c) regarding late filed notice 
of loss do not apply to covered tropical crops.
    (b) Where a notice of loss for covered tropical crops is provided 
according to Sec. 1437.10, producers must provide records maintained 
according to Sec. 1437.503(c) of the:
    (1) Number of acres or other basis of measurement, as applicable, of 
the crop from which production could be achieved existing on the day the 
eligible natural disaster occurred or, for prolonged natural disasters, 
such as a drought and similar damage where applicable, existing on the 
day the notice of loss is filed.
    (2) Amount, including zero, as applicable, of production harvested, 
before or after the disaster, from those crop plantings (damaged or 
undamaged) which were in existence on the farm at the time of the 
disaster including production from the covered plantings (in existence 
at the time of the loss event) that may occur after the loss event even 
when, to the extent provided for in paragraph (c) of this section, the 
harvest occurs after the end of the crop year. Crop acreage of the 
covered crop that is in existence at the time of the loss event that can 
be harvested after the eligible natural disaster must be harvested, or 
continue to be harvested, and the harvested acres and production 
reported to FSA according to this subpart, except that for perennial 
crops the requirement ends with the end of the crop year. For non-
perennial crops the obligation to harvest ends with the end of the life-
cycle for the plantings that were in existence at the time of the loss 
event. In this regard:
    (i) Except as otherwise determined by FSA, such production, before 
or after the loss event, will be taken into account in computing 
eligibilities.
    (ii) Production that must be reported under paragraph (b)(2)(i) of 
this section includes, except in the case of perennial plants, all 
production irrespective of whether the production occurs in the same 
crop year.
    (iii) For perennial plants, only production in the same crop year 
must be reported.
    (iv) All production that must be reported for covered tropical crops 
will, except as specified by the Deputy Administrator, be taken into 
account in the loss determinations made under this part. The producer is 
obligated to maximize that production. That is, harvesting and other 
production activities for the plants in the ground at the time of the 
disaster must be undertaken or continue to be undertaken, to the maximum 
extent possible, for the full reporting period, that being the period 
for which production could count against a loss as indicated in this 
subpart.
    (3) Failure to keep sufficient records to allow the computations 
provided for in this subpart is grounds for denial of the claim.
    (c) Producers with coverage of a covered tropical crop for a crop 
year must, by the earlier of 90 calendar days after the crop year ends 
or the date a notice of loss is filed, file a certified report setting 
out the:
    (1) Collective acres of the crop acreage planted or in the ground 
during the crop year.
    (2) Total production harvested from the crop acreage for the full 
crop year in the case of a perennial plant and for the full life of the 
plants for other crops.
    (d) With respect to the report required in paragraph (c) of this 
section:

[[Page 634]]

    (1) If a report is filed before the end of the crop year, an updated 
crop report must be filed within 90 calendar days from the end of the 
crop year to supplement the original report;
    (2) If the report is for any annual or biennial crops where 
production continued or could have continued beyond the period covered 
in the reports otherwise filed under this section, an additional report 
of production must be filed within 30 days of the end of the last 
countable production for the covered crop or 30 days after the last date 
on which such production could have been obtained, whichever is later.
    (3) A failure to file an adequate report where a report is required 
by this section may result in the producer being treated as having a 
zero yield capability for the crop year involved for purposes of 
constructing a crop history. Alternatively, the Deputy Administrator may 
assign another sanction for that failure. In addition to other sanctions 
as may apply, a failure to file such reports may be grounds for denial 
of a claim. The Deputy Administrator may adjust crop histories as 
determined appropriate to create, to the extent practicable, an 
appropriate crop history for loss computation purposes.
    (4) Such reports as are provided for in this subsection must be 
filed for every crop year for which there is coverage, irrespective of 
whether a claim is filed for that year.
    (e) Unless otherwise specified by the Deputy Administrator, 
appraisals are not required of crop acreage for covered tropical crops 
on Guam, Virgin Islands, American Samoa, and the Commonwealth of the 
Northern Mariana Islands, the Republic of the Marshall Islands, the 
Federated States of Micronesia, and the Republic of Palau.
    (f) All crop acreage for covered tropical crops for which a notice 
of loss is filed must not be destroyed until authorized by CCC.