§ 1410.60 - Scheme or device.

§ 1410.60 Scheme or device.

(a) If the Deputy Administrator CCC determines that a person has employed a scheme or device to defeat the purposes of this part, or any part , of any CCC or USDA program, payment otherwise due or paid such person during the applicable period may be required to be refunded with interest thereon as determined appropriate by the Deputy AdministratorCCC.

(b) A scheme or device includes, but is not limited to, coercion, fraud, misrepresentation, depriving any other person of cost-share assistance , incentive, or annual rental payments, or obtaining a payment that otherwise would not be payable.

(c) A new owner or operator or tenant of land subject to this part a CRP contract, and who succeeds to the CRP contract responsibilities shall , must report in writing to CCC any interest of any kind in the such land subject to this part that is retained by a previous participant. Such The interest shall will include a present, future, or conditional interest, reversionary interest, or any option, future or present, on such land, and any interest of any lender in such the land where the lender has, will, or can legally obtain, a right of occupancy to such land or an interest in the equity in such the land other than an interest in the appreciation in the value of such the land occurring after the loan was made. Failure to fully disclose such interest shall will be considered a scheme or device under this section.

[68 FR 24835, May 8, 2003, as amended at 80 FR 42005, July 16, 2015]