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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
provision of this subpart. Furnishing information specified in this subpart is voluntary; however, FSA may choose not to act on the application or approve payment if the required information is not provided. Providing a false certification will result in ineligibility and can also be punishable by imprisonment, fines, and other penalties.

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760.1811 Required documentation and verification.

a If requested by FSA, an applicant must provide documentation that establishes the applicants ownership share and value at risk in the crop.
b The applicant must provide acceptable documentation that is dated and contains all information required to substantiate the applicants certification to the satisfaction of the FSA county committee. Verifiable documentation is required to substantiate the total dollar value loss and associated affected production, grading factors, and nutritional factors. FSA may verify the records with records on file at the warehouse, gin, or other entity that received or may have received the reported production. Reliable production records are required to substantiate the reported amount of affected production for applications not based on the total dollar value loss.
c To be considered acceptable, verifiable documentation for grain crops that were sold may come from any time between harvest and sale of the affected production, unless the FSA county committee determines the record is not representative of the condition within 30 days of harvest. For all other crops, the verifiable documentation must come from tests or analysis completed within 30 days of harvest, unless the FSA
county committee determines that the record is representative of the condition of the affected production at time of harvest. Examples of acceptable records for purposes of this paragraph c include:
1 Warehouse grading sheets;
2 Settlement sheets;
3 Sales receipts showing grade and price or disposition to secondary market due to quality; and 4 Laboratory test results.
d For forage crops, producers must submit verifiable documentation showing the nutrient factors for the affected production. Producers must also submit verifiable documentation of the historical nutrient factors for the 3
preceding crop years if available. The nutrient factors that must be documented for a crop will determined by the FSA county committee based on
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the standard practice for the crop in that county.
e For all crops other than forage crops, producers must submit verifiable documentation of the total dollar value loss due to quality, if available, and verifiable documentation of grading factors due to quality.
f The participant is responsible for:
1 Retaining, providing, and summarizing, at time of application and whenever required by FSA, the best available verifiable production records for the crop;
2 Providing the information in a manner that can be easily understood by the FSA county committee; and 3 Providing supporting documentation about the disaster event if the FSA county committee has reason to question the disaster event.
e Participants must provide all records for any production of a crop that is grown with an arrangement, agreement, or contract for guaranteed payment.
f Participants are required to retain documentation in support of their application for 3 years after the date of approval.
g Participants receiving QLA
Program payments or any other person who furnishes such information to USDA must permit authorized representatives of USDA or the Government Accountability Office, during regular business hours, to enter the agricultural operation and to inspect, examine, and make copies of books, records, or other items for the purpose of confirming the accuracy of the information provided by the participant.
760.1812

Payment calculation.

a Payments will be calculated separately for crops based on the crop type, intended use, certified organic or conventional status, county, and crop year.
b For forage crops with verifiable documentation of nutrient factors for the affected production and for the 3
preceding crop years, the payment will be equal to the producers total affected production multiplied by the producers verifiable percentage of loss, multiplied by the average market price, multiplied by 70 percent.
c For forage crops with verifiable documentation of nutrient factors for the affected production but not for the 3 preceding crop years, the payment will be equal to the producers total affected production multiplied by the county average percentage of loss in paragraph f of this section, multiplied by the average market price, multiplied by 70 percent, multiplied by 50 percent.

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d For crops other than forage with verifiable documentation of the total dollar value loss due to quality, the payment will be equal to the producers total dollar value loss on the affected production, multiplied by 70 percent.
e For crops other than forage without verifiable documentation of the total dollar value loss but with verifiable documentation of grading factors, the payment will be equal to the producers affected production multiplied by the county average loss per unit of measure in paragraph g of this section, multiplied by 70 percent, multiplied by 50 percent.
f The county average percentage of loss is the average percentage of loss from producers eligible for payment under paragraph b of this section if at least 5 producers in a county are eligible for payment for a crop under paragraph b of this section. If less than 5
producers in a county are eligible for payment for a crop under paragraph b of this section, the Deputy Administrator will:
1 Determine a county average percentage of loss based on the best available data, including, but not limited to, evidence of losses in contiguous counties; or 2 If a county average percentage of loss cannot be determined due to insufficient data, not issue payments to applicants under paragraph c of this section.
g The county average loss per unit of measure is based on the weighted average sales price from producers eligible for payment under paragraph d of this section if at least 5 producers in a county are eligible for payment for a crop under paragraph d of this section.
If less than 5 producers are eligible for payment in a county under paragraph d of this section, the Deputy Administrator will:
1 Determine a county average loss per unit of measure based on the best available data, including, but not limited to, evidence of losses in contiguous counties; or 2 If a county average loss per unit of measure cannot be determined due to insufficient data, not issue payments to applicants under paragraph e of this section.
760.1813 Availability of funds and timing of payments.

a Payments will be issued after the application period has ended and all applications have been reviewed by FSA.
b In the event that, within the limits of the funding made available by the Secretary, approval of eligible applications would result in payments
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