Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations erroneous information or a miscalculation, the payment will be recalculated and any excess refunded to FSA with interest to be calculated from the date of the disbursement.
c Any payment to any participant under this subpart will be made without regard to questions of title under State law, and without regard to any claim or lien against the commodity, or proceeds, in favor of the owner or any other creditor except agencies of the U.S.
Government. The regulations governing offsets and withholdings in part 3 of this chapter apply to payments made under this subpart.
d Any participant entitled to any payment may assign any payments in accordance with regulations governing the assignment of payments in part 3 of this chapter.
e The regulations in parts 11 and 780 of this title apply to determinations under this subpart.

jbell on DSKJLSW7X2PROD with RULES

760.1808

General provisions.

a Eligibility and payments under this subpart will be determined based on the county where the affected production was harvested.
b FSA county committees will make any necessary adjustments to the applicants affected production and other information on the application form used to calculate a payment when the county committee determines:
1 Additional documentation has been requested by FSA but has not been provided by the participant;
2 The loss is due to an ineligible cause; or 3 The participant has a contract providing a guaranteed payment for all or a portion of the crop.
c Unless otherwise specified, all eligibility provisions of part 1437 of this title also apply to tropical crops for eligibility under this subpart.
d FSA will use the most reliable data available at the time payments under this subpart are calculated. If additional data or information is provided or becomes available after a payment is issued, FSA will recalculate the payment amount and the producer must return any overpayment amount to FSA.
In all cases, payments can only issue based on the payment formula for losses that affirmatively occurred.
e Production that is commingled between counties, crop years, or ineligible and eligible acres before it was a matter of record or combination of record and cannot be separated by using records or other means acceptable to FSA will be prorated to each respective year, county, or type of acreage, respectively.

VerDate Sep<11>2014

16:19 Jan 05, 2021

Jkt 253001

760.1809 Payment and adjusted gross income limitation.

a A person or legal entity, other than a joint venture or general partnership, is eligible to receive, directly or indirectly, payments of not more than $125,000 for each of the 2018, 2019, and 2020 crop years under this subpart.
b Payments made to a joint operation, including a joint venture or general partnership, cannot exceed the amount determined by multiplying the maximum payment amount specified in paragraph a of this section by the number of persons and legal entities, other than joint operations, that comprise the ownership of the joint operation.
c The direct attribution provisions in 1400.105 of this title apply to payments under this subpart.
d The notification of interest provisions in 1400.107 of this title apply to payments under this subpart.
e The provisions for recognizing persons added to a farming operation for payment limitation purposes as described in 1400.104 of this title apply to payments under this subpart.
f The $900,000 average AGI
limitation provisions in part 1400 of this title relating to limits on payments for persons or legal entities, excluding joint ventures and general partnerships, apply to each applicant for the QLA
Program unless at least 75 percent of the person or legal entitys average AGI is derived from farming, ranching, or forestry-related activities. A persons or legal entitys average AGI for each of the program years 2018, 2019 or 2020, is determined by using the average of the adjusted gross incomes for the 3 taxable years preceding the most immediately preceding taxable year. If the persons or legal entitys average AGI is below $900,000 or at least 75 percent of the person or legal entitys average AGI is derived from farming, ranching, or forestry-related activities, the person or legal entity, is eligible to receive payments under this subpart.
760.1810 Time and method of application.

a A completed FSA898, Quality Loss Adjustment QLA Program Application, must be submitted in person, by mail, email, or facsimile to any FSA county office by the close of business on March 5, 2020.
b An application submitted in accordance with paragraph a of this section is not considered valid and complete for issuance of payment under this subpart unless FSA determines all the applicable eligibility provisions have been satisfied and the producer
PO 00000

Frm 00011

Fmt 4700

Sfmt 4700

449

has submitted all of following by March 19, 2020:
1 Documentation required by 760.1811;
2 FSA578, Report of Acreage, for all acreage for any crop for which payments under this subpart are requested;
3 FSA895, Crop Insurance and/or NAP Coverage Agreement; and 4 For forage crops, FSA899, Historical Nutritional Value Weighted Average Worksheet, if verifiable documentation of historical nutrient factors is available.
c In addition to the forms listed in paragraph b of this section, applicants must also submit all the following eligibility forms within 60 days from the date of signing the QLA Program application if not already on file with FSA:
1 AD1026, Highly Erodible Land Conservation HELC and Wetland Conservation Certification;
2 CCC902 Automated, Farm Operating Plan for Payment Eligibility 2009 and Subsequent Program Years;
3 CCC941 Average Adjusted Gross Income AGI Certification and Consent to Disclosure of Tax Information; and 4 CCC942 Certification of Income from Farming, Ranching and Forestry Operations, if applicable.
d Failure to submit all required forms by the applicable deadlines in paragraphs b and c of this section may result in no payment or a reduced payment.
e Application approval and payment by FSA does not relieve a participant from having to submit any form required, but not filed, according to this section.
f Once signed by a producer, the application is considered to contain information and certifications of and pertaining to the producer regardless of who entered the information on the application.
g The producer applying for payment under this subpart certifies the accuracy and truthfulness of the information provided in the application as well as any documentation filed with or in support of the application. All information is subject to verification or spot check by FSA at any time, either before or after payment is issued.
Refusal to allow FSA or any agency of the USDA to verify any information provided will result in the participants forfeiting eligibility for payment under this subpart. FSA may at any time, including before, during, or after processing and paying an application, require the producer to submit any additional information necessary to implement or determine any eligibility
E:FRFM06JAR1.SGM

06JAR1