[Federal Register Volume 63, Number 228 (Friday, November 27, 1998)]
[Rules and Regulations]
[Pages 65524-65529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31655]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1439
RIN: 0560-AF29
American Indian Livestock Feed Program
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Interim rule with request for comments.
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SUMMARY: This regulation sets forth the terms and conditions of the
American Indian Livestock Feed Program (AILFP). Assistance will be
available to Federally recognized Indian tribes when, as a result of
natural disaster, a significant loss of livestock feed has occurred and
a livestock feed emergency exists, as determined by the Commodity
Credit Corporation.
DATES: This interim rule is effective on November 27, 1998. Comments on
this rule must be received on or before December 28, 1998 to be assured
of consideration. Comments on the information collection in this rule
must be received on or before January 26, 1999.
ADDRESSES: Submit written comments on this rule to Sean O'Neill, Chief,
Noninsured Assistance Programs Branch (NAPB), Production, Emergencies,
and Compliance Division (PECD), Farm Service Agency (FSA), United
States Department of Agriculture, STOP 0517, 1400 Independence Avenue,
SW, Washington, DC 20250-0517; telephone (202) 720-9003; e-mail
Sean__Oneill@wdc.fsa.usda.gov.
FOR FURTHER INFORMATION CONTACT: Sean O'Neill, Chief, Noninsured
Assistance Programs Branch (NAPB), Production, Emergencies, and
Compliance Division (PECD), Farm Service Agency (FSA), United States
Department of Agriculture, STOP 0517, 1400 Independence Avenue, SW,
Washington, DC 20250-0517; telephone (202) 720-9003; e-mail
Sean__Oneill@wdc.fsa.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This interim rule is issued in conformance with Executive Order
12866 and has been determined to be significant and has been reviewed
by OMB.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this rule because neither FSA nor the Commodity Credit
Corporation is required by 5 U.S.C. 553 or any other provision of law
to publish a notice of proposed rulemaking with respect to the subject
matter of this rule.
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will have no significant impact on the quality of the human
environment. Therefore, neither an environmental assessment nor an
environmental impact statement is needed.
Executive Order 12988
The interim rule has been reviewed in accordance with Executive
Order 12988. The provisions of this interim rule preempt State laws to
the extent such laws are inconsistent with the provisions of this rule.
Before any judicial action may be brought concerning the provisions of
this rule, the administrative remedies must be exhausted.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372, which require intergovernmental consultation with State and
local officials. See the Notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
[[Page 65525]]
Executive Order 12612
It has been determined that this rule does not have sufficient
Federalism implications to warrant the preparation of a Federalism
Assessment. The provisions contained in this rule will not have a
substantial direct effect on States or their political subdivisions, or
on the distribution of power and responsibilities among the various
levels of Government.
Executive Order 13084
The American Indian Livestock Feed Program is a voluntary program
dispensing benefits to American Indian tribes. Nothing contained in
this voluntary program imposes any substantial direct compliance costs
on American Indian tribes. The American Indian Livestock Feed Program
is a government-to-government program that adheres to the policies and
procedures contained in Executive Order 13084.
Unfunded Mandates Reform Act of 1995 (UMRA)
This rule contains no Federal mandates under the regulatory
provisions of Title II of the UMRA for State, local, and tribal
governments or the private sector. Thus, this rule is not subject to
the requirements of sections 202 and 205 of the UMRA.
Small Business Regulatory Enforcement Fairness Act of 1996
Due to the need for immediate action and necessity in providing
payments for losses expeditiously, CCC has determined that, pursuant to
section 808 of the Small Business Regulatory Enforcement Fairness Act
of 1996, it is impracticable and contrary to public interest to require
this rule to conform to the requirements of section 801 of that Act.
Accordingly this rule is effective upon publication.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995, CCC will
submit an emergency information collection request to OMB for the
approval of the AILFP reports as necessary for the proper functioning
of the program.
Title: American Indian Livestock Feed Program.
OMB Control Number: 0560-NEW SUBMISSION.
Type of Request: Emergency.
Abstract: This information collection will allow CCC to effectively
administer American Indian Livestock Feed Program conducted under
section 813 of the Agricultural Act of 1970. The information collected
allows CCC to provide assistance under the program for losses of
livestock feed crops, including feed grains and forage. The collection
is necessary to provide those charged with determining eligibility, a
basis to determine whether the producer meets applicable conditions for
assistance and to determine compliance with existing rules.
Estimate of Burden: Public reporting burden for this information
collection is estimated to average .5 hours per response.
Respondents: Tribal members as determined by tribal governments.
Estimated Number of Respondents: 45,050.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 22,563 hours.
Proposed topics for comment include: (a) Whether the continued
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the CCC's estimate of
burden including the validity of the methodology and assumptions used;
(c) enhancing the quality, utility, and clarity of the information
collected; or (d) minimizing the burden of the collection of the
information on those who are to respond, including the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology.
Comments should be sent to the Desk Officer for Agriculture, Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503, and to Sean O'Neill, Chief, NAPB, PECD, FSA,
United States Department of Agriculture, STOP 0517, 1400 Independence
Avenue, SW, Washington, DC 20250-0517. All comments will become a
matter of public record.
OMB is required to make a decision concerning the collection of
information contained in these interim regulations between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication.
Background
Section 813 of the Agricultural Act of 1970 gives the Secretary of
Agriculture the authority to provide assistance to relieve distress
caused by a natural disaster. Accordingly, under this authority CCC
will establish the American Indian Livestock Feed Program (AILFP). CCC
will enter into contracts with tribal governments in regions that have
been affected by a natural disaster. The contracts will enable tribal
governments to approve requests for benefits for eligible owners. When
the eligible owner is a tribal government, CCC will make determinations
regarding eligibility. The criteria set forth in this rule will be used
to determine eligible regions for AILFP and other eligibility criteria.
List of Subjects in 7 CFR part 1439
Agricultural commodities, Disaster assistance, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 1439 is
amended as set forth below.
PART 1439--EMERGENCY LIVESTOCK ASSISTANCE
1. The authority citation for Part 1439 continues to read as
follows:
Authority: 15 U.S.C. 714b and 714c, 7 USC 1427 and 1471-1471j.
2. Part 1439 is amended by adding Subpart--American Indian
Livestock Feed Program to read as follows:
Subpart--American Indian Livestock Feed Assistance Program
Sec.
1439.900 [Reserved]
1439.901 Applicability.
1439.902 Administration.
1439.903 Definitions.
1439.904 Region.
1439.905 Responsibilities.
1439.906 Program availability.
1439.907 Eligibility.
1439.908 Payment application.
1439.909 Payments.
1439.910 Program suspension and termination.
1439.911 Appeals.
1439.912 through 1439.915 [Reserved]
Subpart--American Indian Livestock Feed Program
Sec. 1439.900 [Reserved]
Sec. 1439.901 Applicability.
This subpart sets forth the terms and conditions of a government-
to-government program titled the American Indian Livestock Feed Program
(AILFP). The AILFP has been allocated a budget of $12.5 million.
Assistance will be available in those regions that Commodity Credit
Corporation (CCC) determines have been affected by natural disaster,
and where a determination is made by the Deputy Administrator for Farm
Programs that a livestock feed emergency exists on tribal land. Funds
made available under the AILFP shall be available beginning in crop
year 1997 and subsequent crop years. Payments may become available as
contracts with
[[Page 65526]]
tribal governments are approved. If any other benefits are received
from the Department of Agriculture for the same loss, then payments
under this part will be reduced accordingly. Payments will terminate
when funds have been exhausted, without respect to the date of any
application, or of when any contract has been entered into by any
tribal government and CCC. Applicants will receive benefits on a first
come, first served basis.
Sec. 1439.902 Administration.
(a) This subpart shall be administered by CCC under the general
supervision of the Deputy Administrator for Farm Programs, Farm Service
Agency (FSA). This program shall be carried out in the field as
prescribed in these regulations and as directed in the contract
executed between the applicable tribal government and CCC, except that
in the event any contract provision conflicts with these regulations,
the regulations shall apply.
(b) Tribal governments, their representatives, and employees do not
have authority to modify or waive any provisions of the regulations of
this subpart.
(c) State and county committees, and representatives and employees
thereof, do not have the authority to modify or waive any provisions of
regulations of this subpart.
(d) The Deputy Administrator may authorize State and county
committees to waive or modify deadlines, and other program requirements
in cases where the applicant or tribe, as applicable, show that
circumstances beyond the applicant's or tribe's control precluded
compliance with the deadline and where lateness or failure to meet such
other requirements does not adversely affect the operation of the
program.
(e) The tribal government will, in accordance with this part and in
coordination with the U.S. Department of the Interior, Bureau of Indian
Affairs (BIA) and FSA State and county committees, recommend the
geographical size and shape of the region where the natural disaster
has occurred, and whether the regional eligibility requirement has been
satisfied. Documentation to support the reported natural disaster shall
be provided by the FSA State office and shall accompany the
recommendation. The recommendation of eligibility must be acted on by
the Deputy Administrator.
(f) The Deputy Administrator will determine all prices with respect
to implementing the AILFP.
(g) The FSA State committee will determine crop yields and
livestock carrying capacity with respect to implementing the AILFP.
(h) Participation in the AILFP by a tribal government for either
the tribal government's benefits or for the benefit of any eligible
owner is voluntary and is with the understanding that CCC will not
reimburse the tribal government or its members for any administrative
costs associated with the administration or implementation of the
program.
(i) The provisions of Secs. 1439.3, 1439.11 through 1439.22,
1439.24 and 1439.6(i)(1)(i), 1439.8(a), and 1439.9 (d) through (f)
shall apply to this subpart, and the provisions of Secs. 1439.10(a) and
1439.15, shall apply as set forth in Secs. 1439.908 and 1439.909 of
this subpart.
Sec. 1439.903 Definitions.
The definitions set forth in this section shall be applicable to
the program authorized by this subpart. The terms defined in
Sec. 1439.3 shall also be applicable except where those definitions
conflict with the definitions set forth in this subpart. The following
terms shall have the following meanings:
Animal Unit (AU) means a standard expression of livestock based on
a net energy maintenance requirement equal to 13.6 megacalories per
day.
Animal Unit Day (AUD) means an expression of expected or actual
stocking rate equal to one day.
Approving official means a representative of the tribal government
who is authorized to approve an application for assistance made in
accordance with this subpart.
Carrying capacity means the stocking rate expressed as acres per
animal unit which is consistent with maintaining or improving
vegetation or related resources.
Deputy Administrator means the Deputy Administrator for Farm
Programs, FSA, or designee.
Disaster period means the length of time that damaging weather,
adverse natural occurrence, or related condition has a detrimental
affect on the production of livestock feed.
Eligible feed for assistance means any type of feed (feed grain,
oilseed meal, premix, or mixed or processed feed, liquid or dry
supplemental feed, roughage, pasture, or forage) that provides net
energy megacalories and which is consistent with acceptable feeding
practices and was not produced by the owner.
Eligible livestock means beef and dairy cattle; buffalo and beefalo
maintained on the same basis as beef cattle; equine animals used for
food or used directly in the production of food; sheep; goats; and
swine.
Eligible owner means an individual or entity, including the tribe,
eligible to participate in this program, who:
(1) Contributes to the production of eligible livestock or their
products;
(2) Has such contributions at risk;
(3) Meets the criteria set forth in Sec. 1439.907 of this subpart;
and
(4) Meets eligibility criteria set forth by the tribal government
in an approved contract.
Livestock Feed Emergency means a situation in which a natural
disaster causes more than a 35 percent reduction in the feed produced
in a region determined in accordance with Sec. 1439.904 of this subpart
for a defined period, as determined by CCC. Any loss of feed production
attributable to overgrazing or other factors not considered to be a
natural disaster as specified in this subpart shall not be included in
the loss used to determine if a livestock feed emergency occurred.
Natural disaster means damaging weather, including but not limited
to drought, hail, excessive moisture, freeze, tornado, hurricane,
excessive wind, or any combination thereof; or an adverse natural
occurrence such as earthquake, flood, or volcanic eruption; or a
related condition, including but not limited to heat, or insect
infestation, which occurs as a result of aforementioned damaging
weather or adverse natural occurrence prior to or during the crop year
that directly causes, accelerates, or exacerbates the reduction of
livestock feed production.
Net Energy Maintenance means the appropriate amount of net energy
needed to meet the daily maintenance needs for livestock based on the
weight range by type of eligible livestock as provided in this section,
as determined by CCC.
Region means a geographic area suffering a livestock feed emergency
because of natural disaster as determined by a tribal government in
accordance with Sec. 1439.904 of this subpart.
Tribal Governed Land means:
(1) All land within the limits of any Indian reservation;
(2) Dependent Indian communities;
(3) Any lands title to which is either held in trust by the United
States for the benefit of an Indian tribe or Indian, or held by an
Indian tribe or Indian subject to a restriction by the United States on
alienation; and
(4) Land held by an Alaska Native, Alaska Native Village or village
or regional corporation under the provisions of the Alaska Native Claim
[[Page 65527]]
Settlement Act or other Act relating to Alaska Natives.
Tribe means an Indian or Alaska Native tribe, band, nation, pueblo,
village, or community that the Secretary of the Interior acknowledges
to exist as an Indian tribe pursuant to the Federally Recognized Indian
Tribe List Act of 1994, 25 U.S.C. 479a.
Type and weight range means the weight range by type of livestock
and appropriate amount of energy required to provide the daily
maintenance needs for livestock, as follows:
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Kind/type Weight range (lbs.) Daily energy requirements
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(1) Beef cattle (Buffalo/Beefalo):
Beef................................. Less than 400.................... 3.01 NEm Mcal
Beef................................. 400-799.......................... 5.59 NEm Mcal
Beef................................. 800-1099......................... 7.31 NEm Mcal
Beef................................. 1100+............................ 10.75 NEm Mcal
Beef, cow............................ All.............................. 13.60 NEm Mcal
Beef, bull........................... 1000+............................ 11.18 NEm Mcal
(2) Dairy cattle:
Dairy................................ Less than 400.................... 3.01 NEm Mcal
Dairy................................ 400-799.......................... 5.59 NEm Mcal
Dairy................................ 800-1099......................... 7.31 NEm Mcal
Dairy................................ 1100+............................ 10.75 NEm Mcal
Dairy, cow........................... Less than 1100................... 23.22 NEl Mcal
Dairy, cow........................... 11-1299.......................... 26.66 NEl Mcal
Dairy, cow........................... 1300-1499........................ 28.38 NEl Mcal
Dairy, cow........................... 1500+............................ 29.67 NEl Mcal
Dairy, bull.......................... 1000+............................ 12.47 NEm Mcal
(3) Equine:
Equine............................... Less than 450.................... 6.2 DE Mcal
Equine............................... 450-649.......................... 8.9 DE Mcal
Equine............................... 650-874.......................... 11.6 DE Mcal
Equine............................... 875+............................. 17.3 DE Mcal
(4) Swine:
Swine................................ Less than 45..................... 780 DE Kcal
Swine................................ 45-124........................... 1630 DE Kcal
Swine................................ 125+............................. 2867 DE Kcal
Swine, sow........................... 235+............................. 9854 DE Kcal
Swine, boar.......................... 235+............................. 5446 DE Kcal
(5) Sheep:
Sheep................................ Less than 44..................... 0.34 NEm Mcal
Sheep................................ 44-82............................ 0.77 NEm Mcal
Sheep................................ 83+.............................. 0.95 NEm Mcal
Sheep, ewe........................... 150+............................. 2.66 NEm Mcal
Sheep, ram........................... 150+............................. 1.46 NEm Mcal
(6) Goats:
Goats................................ Less than 44..................... 0.43 NEm Mcal
Goats................................ 44-82............................ 0.95 NEm Mcal
Goats................................ 83+.............................. 1.29 NEm Mcal
Goats, doe........................... 125+............................. 3.00 NEm Mcal
Goats, doe, dairy 1994 and subsequent 125+............................. 4.47 NEm Mcal
crop years.
Goats, buck.......................... 125+............................. 1.80 NEm Mcal
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Sec. 1439.904 Region.
(a) The size of a region will consist of:
(1) An entire reservation, even if the reservation is less than
320,000 acres; or
(2) Contiguous acreage of at least 320,000 acres and include land
acreage of an Indian reservation or tribal governed land. If a region
is delineated based on minimum size of 320,000 acres, the region shall
be delineated without regard to the boundary of a reservation or tribal
governed land. If the acreage affected by the natural disaster does not
meet the minimum acreage requirement specified in this subparagraph,
acreage will be added from surrounding land until the minimum
requirement is met.
(b) The region must:
(1) Include acreage affected by the natural disaster which is the
basis for the region's designation;
(2) Correspond to the shape of the natural disaster to the maximum
extent possible;
(3) Be defined in a manner that does not intentionally include or
exclude owners or crops;
(4) Contain some acreage of tribal governed land; and
(5) Have suffered a livestock feed emergency as defined in
Sec. 1439.903 of this subpart.
Sec. 1439.905 Responsibilities.
(a) During the operation of this program, CCC shall:
(1) Provide weather data, crop yields and carrying capacities to
tribes requesting such information;
(2) Review contracts submitted by tribal governments requesting
disaster regions; and
(3) Act as an agent for disbursing payments to eligible livestock
owners in approved disaster regions.
(b) Tribal governments shall be responsible for:
(1) Approaching CCC to obtain a contract to participate in the
AILFP based on the tribes' voluntary decisions that participation will
benefit its members;
(2) Gathering, organizing, and reporting accurate information
regarding disaster conditions and region;
(3) Advising livestock owners in an approved region that they may
be eligible for payments, in addition to the method and requirements
for filing applications;
[[Page 65528]]
(4) Accepting applications for payment from individual livestock
owners;
(5) Determining that the information provided by individual
livestock owners on payment applications is accurate and complete and
that the owner is eligible for payments under this program;
(6) Submitting only accurate and complete payment applications to
the designated FSA office acting as an agent for disbursing payments to
eligible livestock owners.
(c) The owner or authorized representative, shall:
(1) Furnish all the information specified on the payment
application, as requested by CCC;
(2) Provide any other information which the tribal government deems
necessary to determine the owner's eligibility; and
(3) Certify that purchased feed was or will be fed to the owner's
eligible livestock.
Sec. 1439.906 Program availability.
(a) When a tribal government determines that a livestock feed
emergency exists due to a natural disaster, the tribal government may
submit a properly completed contract requesting approval of a region.
All contracts requesting region approval must be submitted by the later
of December 28, 1998, or 30 days after the end of the disaster period
specified on the contract.
(b) Properly completed contracts shall consist of:
(1) A completed form CCC-453, Contract To Participate; and
(2) A completed form CCC-648, Region Designation And Feed Loss
Assessment; and
(3) Supportive documentation as determined by CCC including, but
not limited to:
(i) A map of the region delineated according to Sec. 1439.904 of
this subpart;
(ii) Historical production data and estimated or actual production
data for the disaster year;
(iii) Climatological data provided by the FSA State Office; and
(iv) A report of an on-site survey.
(c) The Deputy Administrator shall make a determination as to
whether a livestock feed emergency exists not later than 30 days after
receipt of a properly completed contract made in accordance with this
subpart and shall notify the tribal government and FSA State Office of
such determination as applicable.
(d) The feeding period provided in the approved contract will be
for a term not to exceed 90 days, except as provided in paragraph (e)
of this section. The feeding period shall not be extended if the
livestock feed emergency no longer exists. Notwithstanding the duration
of any feeding period, assistance under this subpart terminates
immediately and without notice according to Sec. 1439.901.
(e) The tribal government may request to extend the feeding period
not to exceed an additional 90 days for each extension if disaster
conditions have not diminished significantly and a livestock feed
emergency continues.
Sec. 1439.907 Eligibility.
(a) An eligible owner must own or jointly own the eligible
livestock for which payments under this subpart are requested.
Notwithstanding any other provision of this subpart, livestock leased
under a contractual agreement which has been in effect at least 6
months prior to the date of application for assistance made under this
subpart shall be considered as being owned by the lessee if the lease:
(1) Requires the lessee to furnish the feed for such livestock; and
(2) Provides for an interest in such livestock, such as the right
to market a share of the increase in weight of livestock.
(b) A State or non-tribal local government or subdivision thereof,
or any individual or entity determined to be ineligible in accordance
with Sec. 1400.501 of this chapter are not eligible for benefits under
this subpart.
(c) Any eligible owner of livestock, including the tribe, may file
a CCC-approved AILFP payment application with the tribal government.
When such a payment application is filed, the owner and an authorized
tribal government representative shall execute the certification
contained on such payment application no later than the deadline
established by CCC upon approval of the region.
(d) To be eligible for benefits under this subpart, livestock
owners must own or lease tribal governed land in the delineated region;
and have had livestock on such land at the time of disaster which is
the basis for the region's designation
(e) Eligible livestock owners shall be responsible for providing
information to the tribal government that accurately reflects livestock
feed purchases for eligible livestock during the feeding period. False
or inaccurate information may affect the owner's eligibility.
Sec. 1439.908 Payment application.
(a) Except as provided in paragraph (d) of this section, payment
applications from interested eligible owners must be:
(1) Submitted to the tribal government by the owner no later than a
date announced by the tribe, such date being no later than the
applicable date in Sec. 1439.907(c); and
(2) Submitted by the tribal government to the office designated by
CCC no later than a date announced by CCC; and
(3) Accompanied by valid receipts substantiating purchase of
eligible feed for assistance. Valid receipts must also be accompanied
by the certification referenced in Sec. 1439.907(d)(3) of this subpart
and shall contain:
(i) The date of feed purchase, which must fall within the eligible
feeding period as approved on the contract;
(ii) The names and addresses of the buyer and the vendor;
(iii) The type of feed purchased;
(iv) The quantity of the feed purchased;
(v) The cost of the feed; and
(vi) The vendor's signature if the vendor is not licensed to
conduct this type of business transaction.
(b) The tribal government shall review each payment application, as
specified by CCC, for completeness and accuracy. Except as provided in
paragraphs (c) and/or (d) of this section, the tribal government shall
approve those eligible owners and applications meeting the requirements
of this subpart.
(c) No approving tribal government member shall review and approve
a payment application for any operation for which such member has a
direct or indirect interest. Such payment application may be reviewed
for approval by a member of the tribal government who is not related to
the applicant by blood or marriage.
(d) Tribal governments do not have the authority to approve a
payment application for any operation for which the tribe has a direct
or indirect interest. Payment applications for tribal owned livestock
shall contain an original signature of a member of the tribal
government, signing as representing all owners of the tribal owned
livestock, who possesses the authority to sign documents on behalf of
the tribe and shall be submitted to an office designated by the
Secretary for approval.
(e) No payment application, as specified by CCC, shall be approved
unless the owner meets all eligibility requirements. Information
submitted by the owner and any other information, including knowledge
of the tribal government concerning the owner's normal operations,
shall be taken into consideration in making recommendations and
approvals. If either the payment application is incomplete or
information furnished by the owner is incomplete or ambiguous and
sufficient information is not
[[Page 65529]]
otherwise available with respect to the owner's farming operation in
order to make a determination as to the owner's eligibility, the
owner's payment application, as specified by CCC, shall be denied. The
tribal government shall be responsible for notifying the owner of the
reason for the denial and shall provide the owner an opportunity to
submit additional information as requested.
(f) All payment applications, as specified by CCC, approved by the
tribal government will be submitted to a designated FSA office for
calculation of payment.
Sec. 1439.909 Payments.
(a) Provided all other eligibility requirements of this subpart are
met and funds are available, all eligible payment applications
submitted to the designated FSA office shall have payments issued to
the applicant by CCC.
(b) If any term, condition, or requirement of these regulations or
contract are not met, payments and benefits previously provided by CCC
which were not earned under the provisions of the application shall be
refunded.
(c) Each owner's share of the total payment shall be indicated on
the application, and each owner shall receive benefits or final payment
from CCC according to benefits or payments earned under the provisions
of the application.
(d) CCC may reduce the benefits payable to an applicant under this
program if CCC has made assistance available to such applicant under
any other CCC program with respect to the same natural disaster.
(e) The amount of assistance provided to any owner shall not exceed
the smaller of either:
(1) The dollar amount of eligible livestock feed purchased, as
documented by acceptable purchase receipts, less the dollar amount of
any sale of livestock feed (whether purchased or produced) by the owner
during the feeding period; or
(2) 30 percent of the amount computed by multiplying:
(i) The number of animal units determined on the basis of the
number of eligible livestock of each type and weight range; by
(ii) The smaller of the number of days the owners provided feed to
eligible livestock or the total days in the contract's feeding period;
by
(iii) The Animal Unit Day value, as established by the Deputy
Administrator for Farm Programs, less the dollar amount of any sale of
livestock feed (whether purchased or produced) by the owner during the
feeding period.
(f) Payments issued in conjunction with this program will not be
subject to offset for debts incurred through participation in any other
program conducted by the Department of Agriculture.
Sec. 1439.910 Program suspension and termination.
(a) The tribal government that requested the AILFP assistance, may
at any time during the operation of a program recommend suspension or
termination of the program.
(b) The Deputy Administrator may suspend or terminate the program
at any time if:
(1) The tribal government requests termination or suspension; or
(2) Funding is exhausted.
Sec. 1439.11 Appeals.
Any person who is dissatisfied with a CCC determination made with
respect to this subpart may make a request for reconsideration or
appeal of such determination in accordance with part 780 of this
chapter. Any person who is dissatisfied with a determination made by
the tribal authority should seek reconsideration of such determination
with the tribe. Decisions and determinations made under this subpart
not rendered by CCC or FSA are not appealable to the National Appeals
Division.
Secs. 1439.912 through 1439.915 [Reserved]
Signed at Washington, DC, on November 20, 1998.
Keith Kelly,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 98-31655 Filed 11-25-98; 8:45 am]
BILLING CODE 3410-05-P
