Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1437.4 Eligibility. ( a ) Noninsured crop disaster assistance is available during the coverage period specified in § 1437.6 for loss of production or loss of value for value loss crops or prevented planting of eligible commercial crops or other eligible agricultural commodities: ( 1 ) Planted during the planting period, which means the time during which a majority of the crop is normally planted in the area, as determined by FSA, and is considered timely-planted for NAP purposes;
( 2 ) Prevented from being planted during the planting period;
( 3 ) Planted during the late planting period, which means the time after the planting period, during which certain crops, as determined by FSA, may be planted and remain eligible for reduced NAP coverage; and
( 4 ) Determined by FSA to be eligible crops for which: ( i ) Catastrophic risk protection and additional coverage under the Federal Crop Insurance Act (7 U.S.C. 1508(b), (c), and (h)) are not available or, if coverage is available, it is only available under a policy that provides coverage for specific intervals based on weather indexes or under a whole farm plan of insurance; or
( ii ) These specific practices for these crops are not included under the Federal Crop Insurance Act (7 U.S.C. 1508), but only when the Deputy Administrator determines in advance of a coverage period that the specific practice is appropriate for NAP coverage and is not available for coverage under Federal crop insurance.
( iii ) The producer applies good farming practices.
( b ) When other conditions are met, NAP may be available for an eligible loss of: ( 1 ) Any commercial crop grown for food, excluding livestock and their by-products;
( 2 ) Any commercial crop planted and grown for livestock consumption, including but not limited to grain and forage crops;
( 3 ) Any commercial crop grown for fiber, excluding trees grown for wood, paper, or pulp products; and
( 4 ) Any commercial production of: ( i ) Aquacultural species (including ornamental fish);
( ii ) Floricultural crops;
( iii ) Ornamental nursery plants;
( iv ) Christmas tree crops;
( v ) Turfgrass sod;
( vi ) Sweet sorghum;
( vii ) Biomass sorghum;
( viii ) Industrial crops (including those grown expressly for the purpose of producing a feedstock for renewable biofuel, renewable electricity, or biobased products);
( ix ) Seed crops, including propagation stock such as non-ornamental seedlings, sets, cuttings, rootstock, and others, as determined by FSA; and
( x ) Sea grass and sea oats.
( c ) Except as specified in paragraph (e) of this section, paragraph (d) of this section will apply to native sod acreage in Iowa, Minnesota, Montana, Nebraska, North Dakota, and South Dakota that has been tilled: ( 1 ) During the first 4 crop years of planting for native sod acreage that has been tilled for the production of an annual crop during the period beginning on February 8, 2014, and ending on December 20, 2018; and
( 2 ) For not more than any 4 crop years for native sod acreage that has been tilled for the production of any crop after December 20, 2018: ( i ) During the first 10 crop years after the initial tillage; and
( ii ) For which a NAP applicant must submit a service fee or NAP premium for a crop on that acreage.
( d ) For acreage specified in paragraph (c) of this section: ( 1 ) The approved yield will be determined by using a yield equal to 65 percent of the producer's T-yield for the annually planted crop; and
( 2 ) The service fee or premium for the annual covered crop planted on native sod will be equal to 200 percent of the amount determined in § 1437.7, as applicable, but the premium will not exceed the maximum amount specified in § 1437.7(d)(2).
( e ) If the producer's total native sod acreage that is tilled in a crop year is 5 acres or less, the approved yield, service fee, and premium provisions specified in paragraph (d) of this section will not apply.
( f ) Wheat, barley, oats, or triticale crop acreage subject to an application for grazing payments under the program specified in part 1421, subpart D of this chapter, or successor program, is ineligible for NAP payments.
[67 FR 12448, Mar. 19, 2002, as amended at 67 FR 62324, Oct. 7, 2002; 71 FR 13742, Mar. 17, 2006; 78 FR 21018, Apr. 9, 2013; 79 FR 74573, 74583, Dec. 15, 2014; 85 FR 12218, Mar. 2, 2020]