§ 718.8 - Administrative county and servicing FSA county office.

§ 718.8 Administrative county and servicing FSA county office.

(a) FSA farm records are maintained in an administrative county determined by FSA. Generally, a farm's administrative county is based on the physical location county of the farm. If all land on the farm is physically located in one physical location county, the farm's records will be administratively located in that county, except as provided in the rest of this sectionphysical location county.

(b) In cases where there is no FSA office in the county in which the farm is physically located or FSA county offices have been consolidatedwhere a servicing FSA county office is responsible for more than one administrative county, the farm records will be administratively located as specified in paragraph (a county contiguous to the physical county in the same State that is most convenient for the farm operator and owner.

(c

) of this section and with a servicing FSA county office that FSA as designated as responsible for that administrative county.

(c) Farm operators and owners can conduct their farm's business in any FSA county office. FSA's designation of a farm's administrative county is based on where land of the farm is located as specified in paragraph (a) of this section or as might be required under paragraph (b) of this section.

(d) Farm operators and owners can request a change to their servicing FSA county office and that request may necessitate a change to the farm's administrative county as specified in paragraph (a) or (b) of this section. If the requested servicing FSA county office is not responsible for and does not have an administrative county for the physical location of the farm according to paragraphs (a) or (b) of this section and FSA approves the request for change of servicing FSA county office, FSA will designate the administrative county for the farm from those available in the requested servicing FSA county office.

(e) If a county contiguous to the county in which the farm is physically located in the same State does not have

an

a servicing FSA county office, the farm will be administratively located by FSA in a contiguous county in another contiguous State that is convenient to the farm operator and owner. Requests for changes

made to

to a farm's servicing FSA county office, which may or may not result in a change to a farm's administrative county under this

paragraph

section, must be

made

submitted to FSA by August 1 of each year for the change to take effect that calendar year.

(

d

f) When land on the farm is physically located in more than one county, the farm will be administered

in one county office responsible

by a servicing FSA county office determined by FSA to be the administrative county responsibility for administration of programs for one or more of the physical counties involved in the farm's constitution

as determined by FSA

. Paragraph (b)

or

, (c), or (d) of this section

apply

applies if changes occur to

that

the servicing FSA county office and administrative county.

(

e)

g) Farm operators and owners cannot request a change to a farm's administrative county. The operator and owner of a farm

administered in any county

serviced by an FSA county office responsible for a farm's administrative county can request a change of

administrative

servicing FSA county office to another FSA servicing county office in the same State by August 1 for the change to take effect that calendar year. Review and approval of any change to the servicing FSA county office is solely at the discretion of FSA. Requests for change in servicing FSA county office, which may or may not result in a change to a farm's administrative county, will be reviewed and approved by county committee if all the following can be determined to apply:

(1) The requested change does not impact the constitution of a farm;

(2) The requested change will not result in increased program eligibility or additional benefits for the farm's producers that would not be earned absent the change in servicing FSA county office and, if applicable, administrative county being made; and

(3) The change is not to circumvent any of the provisions of other program regulations to which this part applies.

(

f

h) The State committee will submit all requests for exceptions from regulations specified in this section to the Deputy Administrator.

[79 84 FR 5771345886, Sept. 26, 2014, as amended at 80 FR 119, Jan. 2, 2015; 80 FR 41995, July 16, 20153, 2019]