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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations removed from the field and placed in a truck or other conveyance, except hay is considered harvested when in the bale, whether removed from the field or not.
Insurable crop means an agricultural crop excluding livestock for which the producer on a farm is eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act 7 U.S.C.
15011524.
Multiple market crop means a crop that is delivered to a single market but can have fresh and processed prices based on grading. For example, a producer may intend to sell all production of an apple crop as fresh production; however, based on grading of the crop at the market, the producer is compensated for some production at the fresh price and for some production at the processing price.
Multiple planting means the planting for harvest of the same crop in more than one planting period in a crop year on different acreage.
NAP means the Noninsured Crop Disaster Assistance Program under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 7
U.S.C. 7333 and part 1437 of this title.
NAP-eligible crop means an agricultural crop for which the producer on a farm is eligible to obtain NAP
coverage.
NAP service fee means the amount specified in 1437.7 of this title that the producer must pay to obtain NAP
coverage.
Nutrient factor means a factor determined by a test that measures the nutrient value of a crop to be fed to livestock. Examples include, but are not limited to, relative feed value and total digestible nutrients.
Production means quantity of the crop produced, which is expressed in a specific unit of measure including, but not limited to, bushels or pounds.
QLA Program means the Quality Loss Adjustment Program.
Qualifying disaster event means a hurricane, flood, tornado, typhoon, volcanic activity, snowstorm, wildfire, excessive moisture, qualifying drought, or a related condition that occurred in the 2018 or 2019 calendar year.
Qualifying drought means an area within the county was rated by the U.S.
Drought Monitor as having a D3
extreme drought or higher level of drought intensity during the applicable calendar year.
Quality loss means:
1 For forage crops, a reduction in an applicable nutrient factor for the crop;
and 2 For crops other than forage, a reduction in the total dollar value of the crop due to reduction in the physical
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condition of the crop indicated by an applicable grading factor.
Related condition means damaging weather or an adverse natural occurrence that occurred as a direct result of a specified qualifying disaster event, such as excessive rain, high winds, flooding, mudslides, and heavy smoke, as determined by the Deputy Administrator. The term does not include insect infestation.
Reliable production record means evidence provided by the participant that is used to substantiate the amount of production reported when verifiable records are not available, including copies of receipts, ledgers of income, income statements of deposit slips, register tapes, invoices for custom harvesting, and records to verify production costs, contemporaneous measurements, truck scale tickets, and contemporaneous diaries that are determined acceptable by the FSA
county committee. To determine whether the records are acceptable, the FSA county committee will consider whether they are consistent with the records of other producers of the crop in that area.
RMA means the Risk Management Agency, an agency of USDA.
Salvage value means the dollar amount or equivalent for the quantity of the commodity that cannot be marketed or sold in any recognized market for the crop.
Secondary use means the harvesting of a crop for a use other than the intended use.
Unit of measure means:
1 For insurable crops, the FCICestablished unit of measure; and 2 For NAP-eligible crops, the established unit of measure used for the NAP price and yield.
USDA means the U.S. Department of Agriculture.
U.S. Drought Monitor is a system for classifying drought severity according to a range of abnormally dry to exceptional drought. It is a collaborative effort between Federal and academic partners, produced on a weekly basis, to synthesize multiple indices, outlooks, and drought impacts on a map and in narrative form. This synthesis of indices is reported by the National Drought Mitigation Center at http
droughtmonitor.unl.edu.
Value loss crop has the meaning specified in subpart D of part 1437 of this title.
Verifiable documentation means evidence that can be verified by FSA
through an independent source.
Verifiable percentage of loss is the percentage of loss determined by comparing the applicable nutrient
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factors for a producers affected production of a forage crop with the average of such nutrient factors from the 3 preceding crop years, as documented on FSA899, Historical Nutritional Value Weighted Average Worksheet.
WHIP+ means the Wildfires and Hurricanes Indemnity Program Plus under subpart O of this part.
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Participant eligibility.

a Participants will be eligible to receive a payment under this subpart only if they incurred a loss to an eligible crop due to a qualifying disaster event, as further specified in this subpart.
b To be an eligible participant under this subpart, a person or legal entity must be a:
1 Citizen of the United States;
2 Resident alien; for purposes of this subpart, resident alien means lawful alien see 1400.3 of this title;
3 Partnership consisting solely of citizens of the United States or resident aliens; or 4 Corporation, limited liability company, or other similar organizational structure organized under State law consisting solely of citizens or resident aliens of the United States.
c If any person who would otherwise be eligible to receive a payment dies before the payment is received, payment may be released as specified in 707.3 of this chapter.
Similarly, if any person or legal entity who would otherwise have been eligible to apply for a payment dies or is dissolved, respectively, before the payment is applied for, payment may be released in accordance with this subpart if a timely application is filed by an authorized representative. Proof of authority to sign for the deceased producer or dissolved entity must be provided. If a participant is now a dissolved general partnership or joint venture, all members of the general partnership or joint venture at the time of dissolution or their duly authorized representatives must sign the application. Eligibility of such participant will be determined, as it is for other participants, based upon ownership share and risk in producing the crop.
d An ownership share is required to be eligible for a payment under this subpart. Growers growing eligible crops under contract for crop owners are not eligible for a payment under this subpart unless the grower is also determined to have an ownership share of the crop. Any verbal or written contract that precludes the grower from having an ownership share renders the
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