§ 718.201 Farm constitution. ( a ) In order to implement FSA programs and monitor compliance with regulations, FSA must have records on what land is being farmed by a particular producer. This is accomplished by a determination of what land or group of lands “constitute” an individual unit or farm. Land that was properly constituted under prior regulations will remain so constituted until a reconstitution is required by paragraph (c) of this section. The constitution and identification of land as a “farm” for the first time and the subsequent reconstitution of a farm made thereafter will include all land operated by an individual entity or joint operation as a single farming unit except that it may not include: ( 1 ) Land under separate ownership unless the owners agree in writing or have previously agreed in writing and the labor, equipment, accounting system, and management are operated in common by the operator, but separate from other tracts;
( 2 ) Land under a lease agreement of less than 1 year duration;
( 3 ) Federally owned land unless it is rangeland on which no crops are planted and on which there are no crop base acres established;
( 4 ) State-owned wildlife lands unless the former owner has possession of the land under a leasing agreement;
( 5 ) Land constituting a farm that is declared ineligible to be enrolled in a program under the regulations governing the program;
( 6 ) For base acre crops, land located in counties that are not contiguous except where: ( i ) Counties are divided by a river;
( ii ) Counties do not share a common border because of a correction line adjustment; or
( iii ) The land is within 20 miles, by road, of other land that will be a part of the farming unit;
( 7 ) Land subject to either a default election or a valid election made under part 1412 of this title for each and all covered commodities constituted with land that has a different default election or valid election for each and all covered commodities, irrespective of whether or not any of the land has base acres; or
( 8 ) Land subject to an election of individual coverage under the Agriculture Risk Coverage Program (ARC-IC) in any State constituted with any land in another State.
( b ) ( 1 ) If all land on the farm is physically located in one county, the farm shall be administratively located in such county. If there is no FSA office in the county or the county offices have been consolidated, the farm shall be administratively located in the contiguous county most convenient for the farm operator.
( 2 ) If the land on the farm is located in more than one county, the farm shall be administratively located in either of such counties as the county committees and the farm operator agree. If no agreement can be reached, the farm shall be administratively located in the county where the principal dwelling is situated, or where the major portion of the farm is located if there is no dwelling.
( c ) A reconstitution of a farm either by division or by combination is required whenever: ( 1 ) A change has occurred in the operation of the land since the last constitution or reconstitution and as a result of such change the farm does not meet the conditions for constitution of a farm as specified in paragraph (a) of this section, except that no reconstitution will be made if the county committee determines that the primary purpose of the change in operation is to establish eligibility to transfer allotments subject to sale or lease, or increase the amount of program benefits received;
( 2 ) The farm was not properly constituted the previous time;
( 3 ) An owner requests in writing that the land no longer be included in a farm composed of tracts under separate ownership;
( 4 ) The county committee determines that the farm was reconstituted on the basis of false information;
( 5 ) The county committee determines that tracts included in a farm are not being operated as a single farming unit.
( d ) An owner can file a written request to have FSA reconstitute from original tracts areas that are less than 10 DCP cropland acres and less than 5 percent of the original tract, if such request is accompanied by sufficient data from which FSA can determine the political county and State of land in both the original tract and the proposed tract. Any owner-initiated requests for tract divisions for physical location will be performed and effective prospectively from date of request and approval by FSA.
( e ) Reconstitution shall not be approved if the county committee determines that the primary purpose of the reconstitution is to: ( 1 ) Circumvent the provisions of part 12 of this title; or
( 2 ) Circumvent any other chapter of this title.
[68 FR 16178, Apr. 3, 2003, as amended at 80 FR 41996, July 16, 2015; 84 FR 45887, Sept. 3, 2019]