[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: 7CFR1439.112]

[Page 643-644]
 
                          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. 1439.112  Miscellaneous.

    (a) Any remedies permitted CCC under this part shall be in addition 
to any other remedy, including, but not limited to criminal remedies, or 
actions for damages in favor of CCC, or the United States, as may be 
permitted by law.
    (b) Absent a scheme or device to defeat the purpose of the program, 
CCC may waive a demand that could otherwise be made for refunds.
    (c) Payments under this subpart are subject to provisions contained 
in Subpart A of this part including, but not limited to, provisions 
concerning misrepresentations, payment limitations, and refunds to CCC, 
liens, assignment of payments, and appeals, and maintenance of books and 
records. In addition, other parts of this chapter and of chapter VII of 
this title relating to payments in event of death, the handling of 
claims, and other matters may apply, as may other provisions of law and 
regulation.
    (d) Any payments not earned that have been paid must be returned 
with interest subject to such other remedies as may be allowed by law.
    (e) Nothing in this subpart shall require a commitment of funds in 
excess of that determined to be appropriate by the Deputy Administrator 
or CCC.
    (f) Payments under this subpart shall be made without regard to 
questions of title under State law and without regard to any claim or 
lien against the livestock, or proceeds thereof, in favor of the owner 
or any other creditor except agencies of the U.S. Government.
    (g) Any producer entitled to any payment may assign any payments in 
accordance with regulations governing assignment of payment found at 
part 1404 of this chapter.
    (h) In those instances in which, prior to the issuance of this 
regulation, a producer has signed a power of attorney for a person or 
entity indicating that such power shall extend to ``all above 
programs'', without limitation, such power will be considered to extend 
to this program unless by April 14, 2005, the person granting the power 
notifies the local FSA office for the control county that the grantee of 
the power is not authorized to handle transactions for this program for 
the grantor.
    (i) Livestock producers or any other individual or entity seeking or 
receiving assistance under this part shall maintain and retain records 
that will permit verification of livestock and grazing for at least 3 
years following the end of the calendar year in which payment was made, 
or for such additional period as CCC may request. An examination of such 
records by a duly authorized representative of the United States 
Government shall be permitted at any time during business hours.
    (j) A person shall be ineligible to receive assistance under 2003/
2004 LAP and be subject to such other remedies as may be allowed by law, 
if, with respect to the 2003/2004 LAP, it is determined by the FSA State 
or county committee or an official of FSA that such person has:

[[Page 644]]

    (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.

[70 FR 16394, Mar. 31, 2005, as amended at 70 FR 29922, May 25, 2005]

Subpart C [Reserved]