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USDA/FSA | RIN: 0560-AI49 | Publication ID: Fall 2019 |
Title: Payment Limitations and Eligibility | |
Abstract:
FSA is amending the regulation in 7 CFR part 1400 on behalf of the Commodity Credit Corporation (CCC) to implement changes consistent with provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill). The rule will expand the definition of family member to include first cousin, niece and nephew, used for payment eligibility determinations for certain FSA and CCC programs. The rule changes the specific program payment or benefit applicability table. The change also reflects that the payment limit no longer applies to Marketing Loan Gains (MLGs), Loan Deficiency Payments (LDPs), Livestock Indemnity Program (LIP), Emergency Assistance for Livestock, Honey Bees and Farm Raised Fish (ELAP), and the Tree Assistance Program (TAP). The rule amends the definition of actively engaged in farming and changes the cash-rent tenant requirements. The rule will change the payment limitation for the Non-Insured Crop Disaster Assistance Program (NAP) to specify a separate maximum limitation of $125,000 on payments for losses to crops with catastrophic coverage and a $300,000 maximum limitation on payments for losses to crops with buy-up coverage. The rule will change the regulation to better align the actively engaged in farming requirements for legal entities, other than joint operations, all members, stockholders, or partners will not be required to collectively make a significant contribution of active personal labor or active personal management to the farming operation to qualify the legal entity as actively engaged in farming; rather, that a significant contribution of active personal labor or active personal management is made collectively by the members, stockholders, or partners. The rule will require that members, stockholders, or partners of the legal entity holding at least 50 percent beneficial ownership interest of the legal entity, collectively make a significant contribution, whether compensated or not compensated, of active personal labor or active personal management (or a combination of active personal labor and active personal management) to the farming operation. |
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Agency: Department of Agriculture(USDA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Fully or Partially Exempt | |
CFR Citation: 7 CFR 1400 | |
Legal Authority: Pub. L. 115-334 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Deirdre Holder Branch Chief, Regulatory Analysis and PRA Requirements Branch Department of Agriculture Farm Production and Conservation Business Center, 1400 Independence Avenue SW, Washington, DC 20250-0572 Phone:202 205-5851 Email: deirdre.holder@usda.gov |