§ 760.1901 Definitions. The following definitions apply to this subpart. The definitions in parts 718 and 1400 of this title apply, except where they conflict with the definitions in this section. *2017 WHIP* means the 2017 Wildfires and Hurricanes Indemnity Program under 7 CFR part 760, subpart O.
*Administrative fee* means the amount an insured producer paid for catastrophic risk protection, and additional coverage for each crop year as specified in the applicable crop insurance policy.
*Application* means the ERP Phase 2 application form.
*Aquaculture* means any species of aquatic organisms grown as food for human or livestock consumption or for industrial or biomass uses, fish raised as feed for fish that are consumed by humans, and ornamental fish propagated and reared in an aquatic medium. Eligible aquacultural species must be raised by a commercial operator and in water in a controlled environment.
*ARC and PLC* means the Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) programs under 7 CFR part 1412.
*Average adjusted gross farm income* means the average of the person or legal entity's adjusted gross income derived from farming, ranching, or forestry operations for the 3 taxable years preceding the most immediately preceding complete taxable year. ( 1 ) If the resulting average adjusted gross farm income is at least 66.66 percent of the average adjusted gross income of the person or legal entity, then the average adjusted gross farm income may also take into consideration income or benefits derived from the following: ( i ) The sale of equipment to conduct farm, ranch, or forestry operations; and
( ii ) The provision of production inputs and services to farmers, ranchers, foresters, and farm operations.
( 2 ) The relevant tax years are: ( i ) For the 2020 program year, 2016, 2017, and 2018; and
( ii ) For the 2021 program year, 2017, 2018, and 2019.
*Average adjusted gross income* means the average of the adjusted gross income as defined under 26 U.S.C. 62 or comparable measure of the person or legal entity. The relevant tax years are: ( 1 ) For the 2020 program year, 2016, 2017, and 2018; and
( 2 ) For the 2021 program year, 2017, 2018, and 2019.
*BCAP* means the Biomass Crop Assistance Program under 7 CFR part 1450.
*Beginning farmer or rancher* means a farmer or rancher who has not operated a farm or ranch for more than 10 years and who materially and substantially participates in the operation. For a legal entity to be considered a beginning farmer or rancher, at least 50 percent of the interest must be beginning farmers or ranchers.
*Benchmark revenue* means allowable gross revenue for the benchmark year. If a producer began farming in 2020 or 2021 and did not have allowable gross revenue in either 2018 or 2019, the benchmark revenue is the producer's reasonably expected allowable gross revenue for the disaster year prior to the impact of the qualifying disaster event.
*Benchmark year* means the 2018 or 2019 tax year, as elected by the producer.
*Buy-up NAP coverage* means NAP coverage at a payment amount that is equal to an indemnity amount calculated for buy-up coverage computed under section 508(c) or (h) of the Federal Crop Insurance Act and equal to the amount that the buy-up coverage yield for the crop exceeds the actual yield for the crop.
*Catastrophic coverage* has the same meaning as in 7 CFR 1437.3.
*CCC* means the Commodity Credit Corporation.
*Certifying agent* means a private or governmental entity accredited by the USDA Secretary for the purpose of certifying a production, processing, or handling operation as organic.
*CFAP* means the Coronavirus Food Assistance Program 1 and 2 under 7 CFR part 9, subparts A through C, excluding assistance for contract producers specified in § 9.203(l) through (o).
*Controlled environment* means an environment in which everything that can practicably be controlled by the producer with structures, facilities, and growing media (including but not limited to water, soil, or nutrients), is in fact controlled by the producer, as determined by industry standards.
*County* means the county or parish of a state. For Alaska, Puerto Rico, and the Virgin Islands, a county is an area designated by the State committee with the concurrence of the Deputy Administrator.
*County committee* means the FSA county committee.
*Coverage level* means the percentage determined by multiplying the elected yield percentage under a crop insurance policy or NAP coverage by the elected price percentage.
*Crop insurance* means an insurance policy reinsured by the Federal Crop Insurance Corporation under the provisions of the Federal Crop Insurance Act, as amended.
*Crop insurance indemnity* means the payment to a participant for crop losses covered under crop insurance administered by RMA in accordance with the Federal Crop Insurance Act (7 U.S.C. 1501-1524).
*Deputy Administrator* means Deputy Administrator for Farm Programs, Farm Service Agency, U.S. Department of Agriculture, or their designee.
*Direct market crop* means a crop sold directly to consumers without the intervention of an intermediary such as a registered handler, wholesaler, retailer, packer, processor, shipper, or buyer (for example, a crop sold at a farmer's market or roadside stand), excluding crops sold for livestock consumption.
*Disaster year* means the calendar year in which the qualifying disaster event occurred (that is, 2020 or 2021).
*Disaster year revenue* means the allowable gross revenue for: ( 1 ) The 2020 or 2021 tax year, as elected by the producer, for the 2020 disaster year; and
( 2 ) The 2021 or 2022 tax year, as elected by the producer, for the 2021 disaster year.
( 3 ) Producers must choose consecutive tax years if they are applying for both the 2020 and 2021 disaster years (that is, they may choose 2020 tax year revenue for the 2020 disaster year, and 2021 tax year revenue for the 2021 disaster year; or they may choose 2021 tax year revenue for the 2020 disaster year, and 2022 tax year revenue for the 2021 disaster year).
*ELAP* means the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program under part 1416, subpart B, of this title.
*Eligible crop* means a crop, including eligible aquaculture, that is produced in the United States as part of a farming operation and is intended to be commercially marketed. It excludes: ( 1 ) Crops for grazing;
( 2 ) Aquatic species that do not meet the definition of aquaculture;
( 3 ) *Cannabis sativa* L. and any part of that plant that does not meet the definition of hemp; and
( 4 ) Timber.
*Farming operation* means a business enterprise engaged in the production of agricultural products, commodities, or livestock, operated by a person, legal entity, or joint operation, and that is eligible to receive payments, directly or indirectly, under this subpart. A person or legal entity may have more than one farming operation if the person or legal entity is a member of one or more legal entity or joint operation.
*FCIC* means the Federal Crop Insurance Corporation, a wholly owned Government Corporation of USDA, administered by RMA.
*Hemp* means the plant species *Cannabis sativa* L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis, that is grown under a license or other required authorization issued by the applicable governing authority that permits the production of the hemp.
*High value crop* means: ( 1 ) Any eligible crop not specifically identified as a specialty crop or listed in the definition of “other crop”; and
( 2 ) Any eligible crop, regardless of whether it is identified as a specialty crop or listed in the definition of “other crop,” if the crop is a direct market crop, organic crop, or a crop grown for a specific market in which specialized products can be sold resulting in an increased value compared to the typical market for the crops (for example, soybeans intended for tofu production), as determined by the Deputy Administrator.
*Income derived from farming, ranching, and forestry operations* means income of an individual or entity derived from: ( 1 ) Production of crops, specialty crops, and unfinished raw forestry products;
( 2 ) Production of livestock, aquaculture products used for food, honeybees, and products derived from livestock;
( 3 ) Production of farm-based renewable energy;
( 4 ) Selling (including the sale of easements and development rights) of farm, ranch, and forestry land, water or hunting rights, or environmental benefits;
( 5 ) Rental or lease of land or equipment used for farming, ranching, or forestry operations, including water or hunting rights;
( 6 ) Processing, packing, storing, and transportation of farm, ranch, forestry commodities including renewable energy;
( 7 ) Feeding, rearing, or finishing of livestock;
( 8 ) Payments of benefits, including benefits from risk management practices, crop insurance indemnities, and catastrophic risk protection plans;
( 9 ) Sale of land that has been used for agricultural purposes;
( 10 ) Payments and benefits authorized under any program made available and applicable to payment eligibility and payment limitation rules;
( 11 ) Income reported on Internal Revenue Service (IRS) Schedule F or other schedule used by the person or legal entity to report income from such operations to the IRS;
( 12 ) Wages or dividends received from a closely held corporation, Interest Charge Domestic International Sales Corporation (IC-DISC), or legal entity comprised entirely of family members when more than 50 percent of the legal entity's gross receipts for each tax year are derived from farming, ranching, or forestry activities as defined in this document; and
( 13 ) Any other activity related to farming, ranching, and forestry, as determined by the Deputy Administrator.
*IRS* means the Department of Treasury, Internal Revenue Service.
*LDP* means the Loan Deficiency Payment programs in 7 CFR parts 1421, 1425, 1427, 1434, and 1435.
*Legal entity* means a corporation, joint stock company, association, limited partnership, irrevocable trust, estate, charitable organization, or other similar organization including any such organization participating in a business structure as a partner in a general partnership, a participant in a joint venture, a grantor of a revocable trust, or as a participant in a similar organization. A business operating as a sole proprietorship is considered a legal entity.
*Limited resource farmer or rancher* means a farmer or rancher: ( 1 ) Who is a person whose: ( i ) Direct or indirect gross farm sales did not exceed: ( A ) $180,300 in each calendar year for 2017 and 2018 (the relevant years for the 2020 program year); or
( B ) $179,000 in each of the 2018 and 2019 calendar years for the 2021 program year; and
( ii ) Total household income was at or below the national poverty level for a family of four in each of the same two previous years referenced in paragraph (1)(i) of this definition;[1] or
( 2 ) That is an entity and all members who hold an ownership interest in the entity meet the criteria in paragraph (1) of this definition.
*LFP* means the Livestock Forage Disaster Program under CFR part 1416, subpart C.
*MLG* means marketing loan gains under the Marketing Assistance Loan program provisions in 7 CFR parts 1421, 1425, 1427, 1434, and 1435.
*Minor child* means a person who is under 18 years of age as of June 1, 2020.
*MFP* means the 2018 Market Facilitation Program under 7 CFR part 1409, subpart A, and the 2019 Market Facilitation Program under 7 CFR part 1409, subpart B.
*NAP* means the Noninsured Crop Disaster Assistance Program under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) and 7 CFR part 1437.
*On-Farm Storage Loss Program* means the On-Farm Storage Loss Program under 7 CFR part 760, subpart P.
*Organic crop* means a crop that is organically produced consistent with section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502) and grown on acreage certified by a certifying agent as conforming to organic standards specified in 7 CFR part 205.
*Other crop* means cotton, peanuts, rice, feedstock, and any crop grown with an intended use of grain, silage, or forage, unless the crop meets the requirements in paragraph (2) of the definition of “high value crop.”
*Ownership interest* means to have either legal ownership interest or beneficial ownership interest in a legal entity. For the purposes of administering ERP Phase 2, a person or legal entity that owns a share or stock in a legal entity that is a corporation, limited liability company, limited partnership, or similar type entity where members hold a legal ownership interest and shares in the profits or losses of such entity is considered to have an ownership interest in such legal entity. A person or legal entity that is a beneficiary of a trust or heir of an estate who benefits from the profits or losses of such entity is also considered to have a beneficial ownership interest in such legal entity.
*Person* means an individual, natural person and does not include a legal entity.
*Premium* means the premium paid by the producer for crop insurance coverage or NAP buy-up coverage levels.
*Producer* means a person or legal entity who was entitled to a share in the eligible crop available for marketing or would have shared had the eligible crop been produced and marketed.
*Program year* means: ( 1 ) For ERP Phase 2, the disaster year; and
( 2 ) For all other programs, the program year as defined in the applicable program provisions.
*Qualifying disaster event* means wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, qualifying drought, and related conditions.
*Qualifying drought* means an area within the county was rated by the U.S. Drought Monitor as having a drought intensity of D2 (severe drought) for eight consecutive weeks or D3 (extreme drought) or higher level for any period of time during the applicable calendar year.
*Related condition* means damaging weather and adverse natural occurrences that occurred concurrently with and as a direct result of a specified qualifying disaster event. Related conditions include, but are not limited to: ( 1 ) Excessive wind that occurred as a direct result of a derecho;
( 2 ) Silt and debris that occurred as a direct and proximate result of flooding;
( 3 ) Excessive wind, storm surges, tornados, tropical storms, and tropical depressions that occurred as a direct result of a hurricane; and
( 4 ) Excessive wind and blizzards that occurred as a direct result of a winter storm.
*Socially disadvantaged farmer or rancher* means a farmer or rancher who is a member of a group whose members have been subjected to racial, ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities. For entities, at least 50 percent of the ownership interest must be held by individuals who are members of such a group. Socially disadvantaged groups include the following and no others unless approved in writing by the Deputy Administrator: ( 1 ) American Indians or Alaskan Natives;
( 2 ) Asians or Asian-Americans;
( 3 ) Blacks or African Americans;
( 4 ) Hispanics or Hispanic Americans;
( 5 ) Native Hawaiians or other Pacific Islanders; and
( 6 ) Women.
*Specialty crops* means fruits, tree nuts, vegetables, culinary herbs and spices, medicinal plants, and nursery, floriculture, and horticulture crops. This includes common specialty crops identified by USDA's Agricultural Marketing Service at *https://www.ams.usda.gov/services/grants/scbgp/specialty-crop* and other crops as designated by the Deputy Administrator.
*Substantial beneficial interest (SBI)* has the same meaning as specified in the applicable crop insurance policy. For the purposes of ERP Phase 1, Federal crop insurance records for “transfer of coverage, right to indemnity” are considered the same as SBIs.
*STRP* means the Seafood Trade Relief Program announced in the notice of funds availability published on September 14, 2020 (85 FR 56572-56575).
*Underserved farmer or rancher* means a beginning farmer or rancher, limited resource farmer or rancher, socially disadvantaged farmer or rancher, or veteran farmer or rancher.
*United States* means all 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
*U.S. Drought Monitor* means the system for classifying drought severity according to a range of abnormally dry to exceptional drought. It is a collaborative effort between Federal and academic partners, produced on a weekly basis, to synthesize multiple indices, outlooks, and drought impacts on a map and in narrative form. This synthesis of indices is reported by the National Drought Mitigation Center at *http://droughtmonitor.unl.edu .*
*Veteran farmer or rancher* means a farmer or rancher: ( 1 ) Who has served in the Armed Forces (as defined in 38 U.S.C. 101(10) [2] ) and: ( i ) Has not operated a farm or ranch for more than 10 years; or
( ii ) Has obtained status as a veteran (as defined in 38 U.S.C. 101(2) [3] ) during the most recent 10-year period; or
( 2 ) That is an entity and at least 50 percent of the ownership interest is held by members who meet the criteria in paragraph (1) of this definition.
*WHIP+* means the Wildfires and Hurricanes Indemnity Program Plus under 7 CFR part 760, subpart O.
Footnotes -
760.1901
[1] Limited resource farmer or rancher status can be determined using a website available through the Limited Resource Farmer and Rancher Online Self Determination Tool through Natural Resources Conservation Service at *https://lrftool.sc.egov.usda.gov .*
[2] The term “Armed Forces” means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components.
[3] The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released under conditions other than dishonorable.