[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: 7CFR1439.106]

[Page 641]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1439_EMERGENCY LIVESTOCK ASSISTANCE--Table of Contents
 
            Subpart B_2003	2004 Livestock Assistance Program
 
Sec. 1439.106  Livestock producer eligibility.

    (a) Only one livestock producer will be eligible for benefits under 
this subpart with respect to an individual animal.
    (b) Only owners, cash or share lessees, or contractors of livestock 
who themselves provide the pasture or grazing land, including cash-
leased pasture or grazing land, for the livestock may be considered as 
livestock producers eligible to apply for benefits under this subpart.
    (c) An owner, or cash or share lessee, or contractor of livestock 
who uses another person to provide pasture or grazing land on a rate-of-
gain basis is not considered to be a livestock producer eligible to 
apply for benefits under this subpart.
    (d) An owner who pledges livestock as security for a loan shall be 
considered as the person eligible to apply for benefits under this 
subpart if all other requirements of this part are met. Livestock leased 
or being purchased under a contractual agreement that has been in effect 
at least 3 months and establishes an interest for the lessee in such 
livestock shall be considered as being owned by the lessee.
    (e) Livestock must have been owned or leased by the producer for at 
least 3 months before becoming eligible for generating a payment.
    (f) The following entities are not eligible for benefits under this 
subpart:
    (1) State or local governments or subdivisions thereof; or
    (2) Any individual or entity who is a foreign person as determined 
in accordance with the provisions of Sec. Sec. 1400.501 and 1400.502 of 
this chapter.
    (g) Livestock sold due to disaster conditions by an eligible 
producer shall be considered as eligible to generate assistance and may 
be included in making the calculations in Sec. 1439.107(a).