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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.

 
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
Timetable:
Action Date FR Cite
Final Rule  01/00/2020 
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
Team Lead, Regulatory Analysis and Paperwork Requirements Team
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