[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: 7CFR1439.357]

[Page 648-649]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1439_EMERGENCY LIVESTOCK ASSISTANCE--Table of Contents
 
                   Subpart D_Pasture Recovery Program
 
Sec. 1439.357  Miscellaneous.

    (a) Any remedies permitted CCC under this part shall be in addition 
to any other remedy, including, but not

[[Page 649]]

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, 
when an owner loses control of PRP acreage due to foreclosure, CCC may 
waive the 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, limitations on 
eligibility tied to the person's gross income, 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) No interest will be paid or accrue on benefits under this 
subpart that are delayed or otherwise not timely issued unless otherwise 
mandated by law.
    (f) Nothing in this subpart shall require a commitment of funds to 
this subpart in excess of that determined to be appropriate by the 
Deputy Administrator and/or CCC.
    (g) Any payment otherwise due under this subpart will be reduced to 
the extent that it is determined that such payment produces a duplicate 
benefit under another program operated by the Department of Agriculture 
and that to make such duplicate payment would be contrary to the 
purposes of the program.
    (h) In no instance may the amount expended under this subpart exceed 
$39.912 million.
    (i) 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 crop, or proceeds thereof, in favor of the owner or any 
other creditor except agencies of the U.S. Government. The regulations 
governing offsets and withholdings found at part 1403 of this chapter 
shall be applicable to PRP contract payments.
    (j) 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.
    (k) In those instances in which, prior to the March 14, 2001 
effective date of this subpart, a producer has signed a power of 
attorney on an approved FSA-211 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 
2, 2001 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.
    (l) 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 PRP practice completion 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.
    (m) A person shall be ineligible to receive assistance under PRP and 
be subject to such other remedies as may be allowed by law, if, with 
respect to the PRP, it is determined by the State committee or the 
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.

Subpart E [Reserved]