72878 Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Rules and Regulations 

into a contract, on behalf of the 

participant, signs the application for 

payment. 

(b) Legal documents showing proof of 

authority to sign for the deceased 

individual or dissolved entity must be 

provided. 

(c) If a participant is now a dissolved 

general partnership or joint venture, all 

members of the general partnership or 

joint venture at the time of dissolution 

or their duly authorized representatives 

must sign the application for payment. 

§ 760.909 Payment calculation. 

(a) Under this subpart separate 

payment rates are established for 

eligible livestock owners and eligible 

livestock contract growers in accordance 

with paragraphs (b) and (c) of this 

section. Payments for the 2005–2007 LIP 

are calculated by multiplying the 

national payment rate for each livestock 

category, as determined in paragraphs 

(b) and (c) of this section, by the number 

of eligible livestock in each category, as 

provided in § 760.906. Adjustments will 

be applied in accordance with 

paragraphs (d) and (e) of this section. 

(b) The 2005–2007 LIP national 

payment rate for eligible livestock 

owners is based on 26 percent of the 

average fair market value of the 

livestock. 

(c) The 2005–2007 LIP national 

payment rate for eligible livestock 

contract growers is based on 26 percent 

of the average income loss sustained by 

the contract grower with respect to the 

dead livestock. 

(d) The 2005 payment calculated 

under 2005–2007 LIP for eligible 

livestock owners will be reduced by the 

amount the participant received under: 

(1) The Livestock Indemnity Program 

(subpart E of this part); 

(2) The Aquaculture Grant Program 

(subpart G of this part); and 

(3) The Livestock Indemnity Program 

II (part 1416, subpart C of this title). 

(e) The 2005 payment calculated 

under 2005–2007 LIP for eligible 

livestock contract growers will be 

reduced by the amount the participant 

received: 

(1) Under the Livestock Indemnity 

Program (subpart E of this part); 

(2) For the loss of income from the 

dead livestock from the party who 

contracted with the producer to grow 

the livestock; and 

(3) Under the Livestock Indemnity 

Program II (part 1416, subpart C of this 

title). 

§ 760.910 Appeals. 

The appeal regulations set forth at 

parts 11 and 780 of this title apply to 

determinations made pursuant to this 

subpart. 

§ 760.911 Offsets, assignments, and debt 

settlement. 

(a) Any payment to any participant 

will be made without regard to 

questions of title under State law and 

without regard to any claim or lien 

against the commodity, or proceeds, in 

favor of the owner or any other creditor 

except agencies of the U.S. Government. 

The regulations governing offsets and 

withholdings found at part 792 of this 

chapter apply to payments made under 

this subpart. 

(b) Any participant entitled to any 

payment may assign any payment in 

accordance with regulations governing 

the assignment of payments found at 

part 1404 of this title. 

§ 760.912 Records and inspections. 

Participants receiving payments 

under this subpart or any other person 

who furnishes information for the 

purposes of enabling such participant to 

receive a payment under this subpart 

must maintain any books, records, and 

accounts supporting any information so 

furnished for 3 years following the end 

of the year during which the application 

for payment was filed. Participants 

receiving payments or any other person 

who furnishes such information to FSA 

must allow authorized representatives 

of USDA and the General 

Accountability Office, during regular 

business hours, to inspect, examine, and 

make copies of such books or records, 

and to enter upon, inspect and verify all 

applicable livestock and acreage in 

which the participant has an interest for 

the purpose of confirming the accuracy 

of information provided by or for the 

participant. 

§ 760.913 Refunds; joint and several 

liability. 

In the event there is a failure to 

comply with any term, requirement, or 

condition for payment or assistance 

arising under this subpart, and if any 

refund of a payment to FSA will 

otherwise become due in connection 

with this subpart, all payments made in 

regard to such matter must be refunded 

to FSA together with interest and latepayment charges as provided for in part 

792 of this chapter. 

Signed in Washington, DC, December 18, 

2007. 

Teresa C. Lasseter, 

Administrator, Farm Service Agency. 

[FR Doc. 07–6153 Filed 12–19–07; 9:03 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

7 CFR Part 760 

RIN 0560–AH72 

2005–2007 Livestock Compensation 

and Catfish Grant Programs 

AGENCY: Farm Service Agency, USDA. 

ACTION: Final rule. 

SUMMARY: This rule establishes the Farm 

Service Agency (FSA) regulations for 

the 2007 Emergency Agricultural 

Assistance. The rule implements 

legislation that provides funds for 

agricultural disaster aid for eligible 

producers, specifically the continuation 

of the Livestock Compensation Program 

(LCP) and the Catfish Grant Program 

(CGP). The programs will provide 

financial assistance to eligible livestock 

and catfish producers in counties 

designated as a major disaster or 

emergency by the President or those 

declared a natural disaster by the 

Secretary of Agriculture. Counties 

designated disasters by the President 

may be eligible even though agricultural 

loss was not covered by the designation 

if there has been an FSA 

Administrator’s Physical Loss Notice 

covering such losses. The natural 

disaster declarations by the Secretary or 

designations by the President must have 

been issued between January 1, 2005, 

and February 28, 2007; that is after 

January 1, 2005, and before February 28, 

2007. Counties contiguous to such 

counties will also be eligible. These 

programs are designed to provide 

financial assistance to producers who 

suffered feed losses due to natural 

disasters in the eligible counties. 

DATES: This rule is effective December 

19, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Salomon Ramirez, Director, Production, 

Emergencies, and Compliance Division; 

Farm Service Agency; United States 

Department of Agriculture, STOP 0517, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0517; telephone 

(202) 720–7641; e-mail 

salomon.ramirez@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule implements certain 

agricultural assistance provisions of the 

U.S. Troop Readiness, Veterans’ Care, 

Katrina Recovery, and Iraq 

Accountability Appropriations Act, 

2007 (Public Law 110–28) (the 2007 

Emergency Supplemental). The 2007 

Emergency Supplemental authorizes the 


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Secretary of Agriculture (Secretary) to 

assist producers of livestock through 

programs administered by the Farm 

Service Agency (FSA). 

All counties, owners, lessees, 

livestock, and losses, must meet the 

eligibility criteria provided in this rule. 

False certifications carry severe 

ramifications. FSA will validate 

applications with random spot-checks. 

A payment limitation of $80,000 per 

program will be applicable to payments 

made under the 2007 Emergency 

Supplemental. The amount of any 

payment, for which a participant is 

eligible under either of these programs, 

will be reduced by any amount received 

by the participant for the same or any 

similar loss. Other restrictions apply 

including, but not limited to, those 

pertaining to highly erodible land and 

wetland conservation provisions. 

Livestock losses that are not weatherrelated are not covered. 

The average adjusted gross income 

(AGI) limitation, as administered under 

7 CFR part 1400, subpart G, will also 

apply. AGI eligibility will be based on 

the average of the adjusted gross 

incomes for the three tax years 

immediately preceding the tax year for 

which disaster assistance is being 

requested, with the exclusion of any 

year(s) the individual or entity did not 

have income or had an AGI of zero. 

Section 9002(a) of the 2007 

Emergency Supplemental appropriates 

to the Secretary such sums as necessary 

to remain available until expended, to 

provide compensation in eligible 

‘‘disaster counties’’ to livestock 

producers, including catfish producers, 

who, between January 1, 2005, and 

February 28, 2007, that is after January 

1, 2005 and before February 28, 2007, 

suffered feed losses or incurred 

additional feed costs directly resulting 

from natural disasters. This would 

include losses due to blizzards that 

started in 2006 and continued into 

January, 2007. This also means livestock 

producers can elect to receive 

compensation for losses in the calendar 

year 2007 grazing season that are 

attributable to wildfires occurring 

during the applicable period, as 

determined by the Secretary so long as 

the loss occurred before February 28, 

2007. 

Accordingly, to be eligible for 

assistance under the 2005–2007 

Livestock Compensation Program (LCP) 

or 2005–2007 Catfish Grant Program 

(CGP), the participant must have 

suffered certain feed losses between 

January 1, 2005, and February 28, 2007, 

that is after January 1, 2005 and before 

February 28, 2007. By statute, the 

livestock operation must be physically 

located in a county, or contiguous to 

that county, having a major disaster or 

emergency designated by the President 

or a natural disaster declared by the 

Secretary, where, in both cases, the 

declaration was made after January 1, 

2005, but before February 28, 2007. For 

timely Presidential declarations that do 

not cover agricultural loss, the subject 

counties may still be eligible if the 

county was the subject because of the 

same disaster of an Administrator’s 

Physical Loss Notification (APLN). 

Livestock producers, including catfish 

producers, incurring a loss in more than 

one of the 2005, 2006, and 2007 

calendar years, must select only one 

year for which to receive benefits. 

The 2007 Emergency Supplemental 

directed the Secretary of Agriculture to 

continue the livestock compensation 

program established under subpart B of 

part 1416 of title 7, Code of Federal 

Regulations as announced by the 

Secretary on February 12, 2007 (72 FR 

6443). The regulations in part 1416 are 

operated under the Commodity Credit 

Corporation. However, no 

appropriations were specifically made 

to CCC for LCP or CGP; rather, 

appropriations were made to the 

Secretary. Therefore, the programs will 

be continued in a similar manner to the 

existing programs, but are being 

established as FSA programs in 7 CFR 

part 760. 

To the greatest extent possible, 

however, the related regulations in 7 

CFR part 1416, subparts A, B, and I have 

been duplicated in 7 CFR part 760 as 

new subparts K, L, and M. Subpart K 

specifies general provisions for the 

2005–2007 LCP and CGP. These general 

provisions cover a range of requirements 

and information common to both 

programs, including applicability; 

eligible counties, disaster events, and 

disaster periods; definitions, and 

limitations on payments and benefits. 

Subpart L provides the provisions for 

the 2005–2007 LCP. Subpart M provides 

the provisions for the 2005–2007 CGP. 

Subparts L and M each provide details 

about the administration of the program, 

application for payment, eligible 

producers, and payment calculation. In 

addition, Subpart L also provides details 

about applicability; definitions; eligible 

livestock; application process, appeals, 

offsets, assignments, and debt 

settlement; recordkeeping and 

inspections; and refund liability. 

The 2007 Emergency Supplemental 

also contains provisions relating to the 

manner in which loss elections would 

be made, how sales of livestock during 

the disaster would be handled, and 

other eligibility matters. The regulations 

are consistent with those specifications. 

With respect to sales made specifically 

due to the disaster, the rules base 

payment caps on the number of animals 

held at the beginning date of the disaster 

period, thus avoiding a penalty for sales 

as a result of the disaster, except when 

livestock are normally sold before the 

beginning date of the grazing period. 

LCP will provide assistance for 

eligible producers (owners and cash 

lessees) of eligible livestock located in a 

total of 2,944 counties. These 2,944 

counties refer to the total number of 

declared, designated, and FSA 

Administrator Physical Loss Notice 

counties, regardless of the number of 

times for which they received disaster 

declarations between January 1, 2005, 

and February 28, 2007, as well as 

counties contiguous to these counties. A 

list of eligible counties is located on the 

FSA website. For catfish payments, a 

cap is set that limits payments to 61 

percent of 1/6th of the cost of a normal 

ton of feed. Six months is the normal 

feeding period for catfish. This cap 

effectively limits the potential payment 

for a year’s worth of feed purchases, 

even if for 2007 they are all purchased 

in the eligible part of 2007, to 30 days 

worth of payments. 

Notice and Comment 

These regulations are exempt from the 

notice and comment requirements of the 

Administrative Procedures Act (5 U.S.C. 

553), as specified in section 9005 of the 

2007 Emergency Supplemental, which 

requires that the regulations be 

promulgated and administered without 

regard to the notice and comment 

provisions of Section 553 of title 5, 

United States Code or of the Statement 

of Policy of the Secretary effective July 

24, 1971 (36 FR 13804) relating to 

notices of proposed rulemaking and 

public participation in rulemaking. 

Executive Order 12866 

This rule has been determined to be 

economically significant under 

Executive Order 12866 and has been 

reviewed by the Office of Management 

and Budget. A Cost-Benefit Analysis 

(CBA) was completed and is available 

from the contact person listed above. 

Summary of Economic Impacts 

The natural disasters covered by the 

2005–2007 LCP include various 

hurricanes, droughts, wildfires, and 

blizzards that occurred after January 1, 

2005, but before February 28, 2007. The 

purpose of the 2005–2007 LCP is to 

provide compensation to eligible 

livestock producers for the value of 

actual feed lost or certain feed costs 

incurred as the result of an eligible 

disaster. To be eligible for payments, 


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producers self-certify to the livestock 

owned or cash leased on the beginning 

date of the applicable disaster period 

and to their feed losses. 

Expected feed losses were calculated 

for the states that were known to have 

incurred feed losses or additional feed 

costs, due to droughts, hurricanes, 

blizzards, or other disasters, after 

January 1, 2005, but before February 28, 

2007. Potentially, all states could have 

incurred grazing or forage losses or 

higher forage costs from drought that 

occurred during that time interval 

because nearly all rural counties in the 

United States were designated primary 

disaster counties because of drought 

sometime during that period, or were 

counties located contiguously to such 

primary counties. Covered losses 

include eligible, forage losses that may 

have been incurred from blizzards that 

occurred in December 2006 and January 

2007 in southeastern Colorado, western 

Kansas, one county in Oklahoma, and 

two counties in Northeastern New 

Mexico, and from wildfires in early 

2007 in the southeastern United States. 

Payments under the 2005–2007 LCP 

should provide benefits to those 

immediate communities where feed loss 

or increased feed cost occurred as a 

result of the disasters such as drought, 

hurricanes, ice storms, blizzards, and 

tornados after January 1, 2005, but 

before February 28, 2007. These 

payments could have noticeable 

regional effects, particularly in counties 

severely affected by declared disasters, 

but overall, payments are not expected 

to have a measurable economic impact 

nationally. 

The 2005–2007 LCP authorizes 

assistance for eligible owners and cash 

lessees of eligible livestock located in a 

total of 2,944 counties timely declared 

or designated as disaster counties by the 

Secretary of Agriculture, the President, 

including those Presidentially declared 

counties with a qualifying FSA 

Administrator’s Physical Loss 

Notification, plus counties contiguous 

to those counties so declared or 

designated counties . These counties are 

located in all fifty states and Puerto 

Rico. These 2,944 counties refer to the 

total number of individual counties 

regardless of the number of years or 

disasters in which they qualify. 

Qualifying declarations of designations 

must, to qualify, have been made after 

January 1, 2005, and before February 28, 

2007. 

The value of expected claims under 

the 2005–2007 LCP is estimated at $684 

million. To the extent program 

payments are ultimately spent on forage 

or grain or affect the total supply of 

available livestock, the impacts of the 

2005–2007 LCP on any sector of the 

economy, including livestock feed 

prices, livestock prices, and consumer 

prices, are not expected to be 

measurable. The effect on aggregate 

social welfare of any slight 

redistribution of wealth and income 

resulting from the 2005–2007 LCP 

payment claims is expected to be slight. 

However, for those producers who have 

suffered losses due to any of several 

disasters that occurred after January 1, 

2005, but before February 28, 2007, and 

qualify for payments under the 2005–

2007 LCP, their farm income losses will 

be somewhat offset or reduced by these 

payments, and they and their local 

communities will benefit accordingly. 

The purpose of the CGP is to provide 

grants to states for the purpose of 

compensating catfish producers for 

eligible disaster-related feed losses that 

occurred after January 1, 2005, but 

before February 28, 2007. The states 

then are to distribute the grant monies 

to catfish producers who suffered 

eligible feed losses. Most of the losses 

for which compensation is likely to be 

made are for producers located in 

Louisiana, Mississippi, and Texas, 

where about 59 percent of the nation’s 

catfish are produced, and which bore 

the brunt of hurricane Katrina, which is 

believed responsible for most of the feed 

losses by catfish in these States. 

Producers must prove their feed losses. 

FSA estimates the expected value of 

the block grants necessary to 

compensate expected feed losses to be 

$3.7 million. The estimated $3.7 million 

is calculated from maximum possible 

feed losses of $16.5 million for all states. 

FSA believes eligible feed losses in 

Louisiana, Mississippi, and Texas could 

account for 30 percent of maximum 

possible losses in those states and 

eligible feed losses could approximate 

10 percent of maximum possible losses 

in the other 7 major catfish producing 

states. 

Expected grant assistance of $3.7 

million should help catfish producers to 

restore their purchasing power from 

feed losses incurred by disasters (mainly 

hurricanes) that occurred after January 

1, 2005, but before February 28, 2007. 

Regulatory Flexibility Act 

This rule is not subject to the 

Regulatory Flexibility Act since the 

Farm Service Agency is not required to 

publish a notice of proposed rulemaking 

for this rule. 

Environmental Review 

The environmental impacts of this 

rule have been considered in a manner 

consistent with the provisions of the 

National Environmental Policy Act 

(NEPA), 42 U.S.C. 4321–4347, the 

regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and the FSA regulations for 

compliance with NEPA (7 CFR part 

799). The following final rule was 

determined to be Categorically Excluded 

because it is considered a ministerial 

action solely involving the transfer of 

funds to offset disaster related losses 

with no site-specific or grounddisturbing actions occurring as a 

requirement or an immediate result of 

program implementation. Therefore, no 

environmental assessment or 

environmental impact statement will be 

completed for this final rule. 

Executive Order 12372 

This program is not subject to 

Executive Order 12372, which requires 

consultation with State and local 

officials. See the notice related to 7 CFR 

part 3015, subpart V, published in the 

Federal Register on June 24, 1983 (48 

FR 29115). 

Executive Order 12612 

This rule does not have Federalism 

implications that warrant the 

preparation of a Federalism Assessment. 

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 12988 

This rule has been reviewed under 

Executive Order 12988. This final rule 

is not retroactive and it does not 

preempt State or local laws, regulations, 

or policies unless they present an 

irreconcilable conflict with this rule. 

Before any judicial action may be 

brought regarding the provisions of this 

rule the administrative appeal 

provisions of 7 CFR parts 11 and 780 

must be exhausted. 

Unfunded Mandates 

This rule contains no Federal 

mandates under the regulatory 

provisions of Title II of the UMRA for 

State, local, and tribal government or 

the private sector. Therefore, this rule is 

not subject to the requirements of 

sections 202 and 205 of the UMRA. 

Paperwork Reduction Act 

These regulations are exempt from the 

requirements of the Paperwork 

Reduction Act (44 U.S.C. Chapter 35), as 

specified in section 9005(b)(3) of the 

2007 Emergency Supplemental, which 

provides that these regulations, which 

are necessary to implement title IX of 

the 2007 Emergency Supplemental, be 


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promulgated and administered without 

regard to the Paperwork Reduction Act. 

E-Government Act Compliance 

FSA is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule has been determined to be 

Major under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, (Pub. L. 104–121) (SBREFA). 

SBREFA normally requires that an 

agency delay the effective date of a 

major rule for 60 days from the date of 

publication to allow for Congressional 

review. Section 808 of SBREFA allows 

an agency to make a major regulation 

effective immediately if the agency finds 

there is good cause to do so. Consistent 

with section 9005(c) of the 2007 

Emergency Supplemental, FSA finds 

that it would be contrary to the public 

interest to delay implementation of this 

rule because it would significantly delay 

assistance to the many people affected 

by the disasters addressed by this rule. 

Therefore, this rule is effective 

immediately. 

List of Subjects in 7 CFR Part 760 

Agriculture, Disaster assistance, Fish, 

Livestock. 

■ For the reasons explained above, 7 

CFR part 760 is amended as follows: 

PART 760—INDEMNITY PAYMENT 

PROGRAMS 

■ 1. Revise the authority citation for 7 

CFR part 760 to read as follows: 

Authority: 7 U.S.C. 612c; Pub. L. 106–387, 

114 Stat. 1549; Pub. L. 107–76, 115 Stat. 704; 

Title III, Pub. L. 109–234, 120 Stat. 474; 16 

U.S.C. 3801, note; and Title IX, Pub.L. 110–

28. 

■ 2. Amend 7 CFR part 760 by adding 

new subparts K, L, and M to read as 

follows: 

Subpart K—General Provisions for 2005–

2007 Livestock Compensation and Catfish 

Grant Programs 

Sec. 

760.1000 Applicability. 

760.1001 Eligible counties, disaster events, 

and disaster periods. 

760.1002 Definitions. 

760.1003 Limitations on payments and 

other benefits. 

Subpart L—2005–2007 Livestock 

Compensation Program 

760.1100 Applicability. 

760.1101 Administration. 

760.1102 Definitions. 

760.1103 Eligible livestock and producers. 

760.1104 Application for payment. 

760.1105 Application process. 

760.1106 Payment calculation. 

760.1107 Appeals. 

760.1108 Offsets, assignments, and debt 

settlement. 

760.1109 Recordkeeping and inspections. 

760.1110 Refunds; joint and several 

liability. 

Subpart M—2005–2007 Catfish Grant 

Program 

760.1200 Administration. 

760.1201 Application for payment. 

760.1202 Eligible producers. 

760.1203 Payment calculation. 

Subpart K—General Provisions for 

2005–2007 Livestock Compensation 

and Catfish Grant Programs 

§ 760.1000 Applicability. 

(a) This subpart establishes the terms 

and conditions under which the 

following programs will be 

administered under Title IX of the U.S. 

Troop Readiness, Veterans’ Care, 

Katrina Recovery, and Iraq 

Accountability Appropriations Act, 

2007 for participants affected by eligible 

disaster events and located in counties 

that are eligible as specified in 

§ 760.1001: 

(1) The 2005–2007 Livestock 

Compensation Program (2005–2007 

LCP); and 

(2) The 2005–2007 Catfish Grant 

Program (2005–2007 CGP). 

(b) Farm Service Agency (FSA) funds 

as are necessary for the programs in 

subparts L and M of this part are 

available under Title IX of the U.S. 

Troop Readiness, Veterans’ Care, 

Katrina Recovery, and Iraq 

Accountability Appropriations Act, 

2007. 

§ 760.1001 Eligible counties, disaster 

events, and disaster periods. 

(a) Except as provided in this subpart, 

FSA will provide assistance under the 

programs listed in § 760.1000 to eligible 

participants who have suffered certain 

losses due to eligible disaster events in 

eligible disaster counties provided in 

paragraph (c) of this section. 

(b) The ‘‘Disaster Period’’ is the time 

period in which losses occurred for the 

particular disaster that may be 

considered eligible for the programs 

under subparts L and M of this part. The 

start and end dates for each eligible 

disaster period are specified at http:// 

disaster.fsa.usda.gov. 

(c) Eligible counties are those primary 

counties declared by the Secretary or 

designated for the applicable loss by the 

President, including counties 

contiguous to those counties, between 

January 1, 2005, and February 28, 2007 

(that is after January 1, 2005 and before 

February 28, 2007). The listing is 

provided at http://disaster.fsa.usda.gov. 

For counties where there was an 

otherwise timely Presidential 

declaration, but the declarations do not 

cover agricultural physical loss, the 

subject counties may still be eligible if 

the counties were the subject of an 

approved Administrator’s Physical Loss 

Notice (APLN) when the APLN applies 

to a natural disaster timely designated 

by the President. 

§ 760.1002 Definitions. 

The following definitions apply to the 

programs in subpart L and M of this 

part. The definitions in parts 718 and 

1400 of this title also apply, except 

where they conflict with the definitions 

in this section. 

Commercial use means a use 

performed as part of the operation of a 

business activity engaged in as a means 

of livelihood for profit by the eligible 

producer. 

Farming operation means a business 

enterprise engaged in producing 

agricultural products. 

§ 760.1003 Limitations on payments and 

other benefits. 

(a) A participant may receive benefits 

for eligible livestock feed losses, 

including additional feed costs, for only 

one of the 2005, 2006, or 2007 calendar 

years under 2005–2007 LCP, subpart L 

of this part, or under the CGP of subpart 

M of this part. 

(b) As specified in § 760.1106(c), the 

payment under the 2005–2007 LCP may 

not exceed the smaller of the calculated 

payment in § 760.1106(a) or the value of 

the producer’s eligible feed loss, 

increased feed costs, or forage or grazing 

loss. 

(c) A person may receive no more 

than $80,000 under 2005–2007 LCP, 

subpart L of this part. In applying the 

$80,000 per person payment limitation, 

regardless of whether the 2005, 2006, or 

2007 calendar year benefits are at issue 

or sought, the most restrictive ‘‘person’’

determination for the participant in the 

years 2005, 2006, and 2007, will be used 

to limit benefits. The rules and 

definitions of part 1400 of this title 

apply in construing who is a qualified 

separate ‘‘person’’ for purposes of this 

limit. All payment eligibility 

requirements of part 1400 as they apply 

to any other payments, also apply to 

payments under subpart L of this part. 

(d) For payments under 2005–2007 

CGP, a farming operation may receive 

no more than $80,000, except for 

general partnerships and joint ventures, 

in which case assistance will not exceed 


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$80,000 times the number of eligible 

members of the general partnership or 

joint venture. This limit must be 

enforced by the state government 

administering the grant program. 

(e) The provisions of part 1400, 

subpart G, of this title apply to these 

programs. That is the rules that limit the 

eligibility for benefits of those 

individuals or entities with an adjusted 

gross income greater than a certain limit 

will be applied in the same manner to 

payments under subparts L and M of 

this part. 

(f) As a condition to receive benefits 

under subparts L and M of this part, a 

participant must have been in 

compliance with the provisions of parts 

12 and 718 of this title for the calendar 

year for which benefits are being 

requested and must not otherwise be 

precluded from receiving benefits under 

any law. 

(g) An individual or entity determined 

to be a foreign person under part 1400 

of this title is not eligible to receive 

benefits under subparts L and M of this 

part. 

(h) In addition to limitations provided 

in subparts L and M of this part, 

participants cannot receive duplicate 

benefits under subparts L and M of this 

part for the same loss or any similar loss 

under: 

(1) An agricultural disaster assistance 

provision contained in the 

announcement of the Secretary on 

January 26, 2006, or August 29, 2006; 

(2) The Emergency Supplemental 

Appropriations Act for Defense, the 

Global War on Terror, and Hurricane 

Recovery, 2006 (Pub. L. 109–234; 120 

Stat. 418); or 

(3) Any other disaster assistance 

program. 

Subpart L–2005–2007 Livestock 

Compensation Program 

§ 760.1100 Applicability. 

This subpart sets forth the terms and 

conditions applicable to the 2005–2007 

Livestock Compensation Program (LCP). 

§ 760.1101 Administration. 

(a) This program is administered 

under the general supervision of the 

Administrator, Farm Service Agency 

(FSA). 

(b) FSA representatives do not have 

authority to modify or waive any of the 

provisions of the regulations of this 

subpart. 

(c) The State FSA committee must 

take any action required by the 

regulations of this subpart that the 

county FSA committee has not taken. 

The State committee must also: 

(1) Correct, or require a county 

committee to correct, any action taken 

by such county committee that is not in 

accordance with the regulations of this 

subpart; or 

(2) Require a county committee to 

withhold taking any action that is not in 

accordance with this subpart. 

(d) No provision or delegation to a 

State or county FSA committee will 

preclude the FSA Deputy Administrator 

for Farm Programs (Deputy 

Administrator), or a designee of such, 

from determining any question arising 

under the program or from reversing or 

modifying any determination made by a 

State or county FSA committee. 

(e) The Deputy Administrator for 

Farm Programs may authorize state and 

county committees to waive or modify 

nonstatutory deadlines or other program 

requirements in cases where lateness or 

failure to meet such does not adversely 

affect the operation of the program. 

§ 760.1102 Definitions. 

The following definitions apply to 

this subpart. 

Adult beef bull means a male beef 

bovine animal that was at least 2 years 

old and used for breeding purposes on 

the beginning date of the disaster 

period. 

Adult beef cow means a female beef 

bovine animal that had delivered one or 

more offspring before the disaster 

period. A first-time bred beef heifer is 

also considered an adult beef cow if it 

was pregnant on the beginning date of 

the disaster period. 

Adult buffalo and beefalo bull means 

a male animal of those breeds that was 

at least 2 years old and used for 

breeding purposes on the beginning date 

of the disaster period. 

Adult buffalo and beefalo cow means 

a female animal of those breeds that had 

delivered one or more offspring before 

the beginning date of the applicable 

disaster period. A first-time bred buffalo 

or beefalo heifer is also considered to be 

an adult buffalo or beefalo cow if it was 

pregnant on the beginning date of the 

disaster period. 

Adult dairy bull means a male dairy 

bovine breed animal at least 2 years old 

used primarily for breeding dairy cows 

on the beginning date of the disaster 

period. 

Adult dairy cow means a female 

bovine animal used for the purpose of 

providing milk for human consumption 

that had delivered one or more offspring 

before the beginning date of the 

applicable disaster period. A first-time 

bred dairy heifer is also considered an 

adult dairy cow if it was pregnant on the 

beginning date of the disaster period. 

Agricultural operation means a 

farming operation. 

Application means the ‘‘2005/2006/ 

2007 Livestock Compensation Program’’

form. 

Application period means the date 

established by the Deputy Administrator 

for Farm Programs for participants to 

apply for program benefits. 

Disaster period means the applicable 

disaster period specified in § 760.1001. 

Equine animal means a domesticated 

horse, mule, or donkey. 

Goat means a domesticated, ruminant 

mammal of the genus Capra, including 

Angora goats. 

Non-adult beef cattle means a bovine 

animal that weighed 500 pounds or 

more on the beginning date of the 

disaster period, but does not meet the 

definition of an adult beef cow or bull. 

Non-adult buffalo/beefalo means an 

animal of those breeds that weighed 500 

pounds or more on the beginning date 

of the disaster period, but does not meet 

the definition of an adult buffalo or 

beefalo cow or bull. 

Non-adult dairy cattle means a bovine 

livestock, of a breed used for the 

purpose of providing milk for human 

consumption, that weighed 500 pounds 

or more on the beginning date of the 

disaster period, but does not meet the 

definition of an adult dairy cow or bull. 

Owner means one who had legal 

ownership of the livestock for which 

benefits are being requested under this 

subpart on the beginning date of the 

applicable disaster period as set forth in 

§ 760.1001. 

Poultry means a domesticated 

chicken, turkey, duck, or goose. Poultry 

are further delineated by sex, age and 

purpose of production, as determined 

by FSA. 

Sheep means a domesticated, 

ruminant mammal of the genus Ovis. 

Swine means a domesticated 

omnivorous pig, hog, and boar. Swine 

are further delineated by sex and weight 

as determined by FSA. 

§ 760.1103 Eligible livestock and 

producers. 

(a) To be considered eligible livestock 

to generate benefits under this subpart, 

livestock must meet all the following 

conditions: 

(1) Be adult or non-adult dairy cattle, 

beef cattle, buffalo, beefalo, equine, 

poultry, elk, reindeer, sheep, goats, 

swine, or deer; 

(2) Been physically located in the 

eligible disaster county on the beginning 

date of the disaster period; 

(3) Been maintained for commercial 

use as part of the producer’s farming 

operation on the beginning date of the 

disaster period; and 

(4) Not have been produced and 

maintained for reasons other than 


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commercial use as part of a farming 

operation. Such excluded uses include, 

but are not limited to, wild free roaming 

animals or animals used for recreational 

purposes, such as pleasure, roping, 

hunting, pets, or for show. 

(b) To be considered an eligible 

livestock producer, the participant’s 

eligible livestock must have been 

located in the eligible disaster county on 

the beginning date of the disaster 

period. To be eligible, also, the livestock 

producer must have: 

(1) Owned or cash-leased eligible 

livestock on the beginning date of the 

disaster period (provided that if there is 

a cash lease, only the cash lessee and 

not the owner will be eligible); and 

(2) Suffered any of the following: 

(i) A grazing loss on eligible grazing 

lands physically located in the eligible 

disaster county, where the forage was 

damaged or destroyed by an eligible 

disaster event, and intended for use as 

feed for the participant’s eligible 

livestock; 

(ii) A loss of feed from forage or 

feedstuffs physically located in the 

eligible disaster county, that was 

mechanically harvested and intended 

for use as feed for the participant’s 

eligible livestock, that was damaged or 

destroyed after harvest as the result of 

an eligible disaster event; 

(iii) A loss of feed from purchased 

forage or feedstuffs physically located in 

the eligible disaster county, intended for 

use as feed for the participant’s eligible 

livestock, that was damaged or 

destroyed by an eligible disaster event; 

or 

(iv) Increased feed costs incurred in 

the eligible disaster county, due to an 

eligible disaster event, to feed the 

participant’s eligible livestock. 

(c) The eligible livestock categories 

are: 

(1) Adult beef cows or bulls; 

(2) Non-adult beef cattle; 

(3) Adult buffalo or beefalo cows or 

bulls; 

(4) Non-adult buffalo or beefalo; 

(5) Adult dairy cows or bulls; 

(6) Non-adult dairy cattle; 

(7) Goats; 

(8) Sheep; 

(9) Equine; 

(10) Reindeer; 

(11) Elk; 

(12) Poultry; and 

(13) Deer. 

(d) Ineligible livestock include, but 

are not limited to, livestock: 

(1) Livestock that were or would have 

been in a feedlot regardless of whether 

there was a disaster or where such 

livestock were in a feedlot as part of a 

participant’s normal business operation, 

as determined by FSA; 

(2) Emus; 

(3) Yaks; 

(4) Ostriches; 

(5) Llamas; 

(6) All beef and dairy cattle, and 

buffalo and beefalo that weighed less 

than 500 pounds on the beginning date 

of the disaster period; 

(7) Any wild free roaming livestock, 

including horses and deer; 

(8) Livestock produced or maintained 

for reasons other than commercial use 

as part of a farming operation, 

including, but not limited to, livestock 

produced or maintained for recreational 

purposes, such as: 

(i) Roping, 

(ii) Hunting, 

(iii) Show, 

(iv) Pleasure, 

(v) Use as pets, or 

(vi) Consumption by owner. 

§ 760.1104 Application for payment. 

(a) To apply for 2005–2007 LCP, an 

application and required supporting 

documentation must be submitted to the 

administrative county FSA office. 

(b) The application must be filed 

during the application period 

announced by the Deputy Administrator 

for Farm Programs. 

(c) Payments may be made for eligible 

losses suffered by an eligible livestock 

producer who is now a deceased 

individual or is a dissolved entity if a 

representative who currently has 

authority to enter into a contract, on 

behalf of the livestock producer, signs 

the application for payment. Legal 

documents showing proof of authority 

to sign for the deceased individual or 

dissolved entity must be provided. If a 

participant is now a dissolved general 

partnership or joint venture, all 

members of the general partnership or 

joint venture at the time of dissolution 

or their duly authorized representatives 

must sign the application for payment. 

(d) Data furnished by the participant 

will be used to determine eligibility for 

program benefits. Furnishing the data is 

voluntary; however, without all 

required data program benefits will not 

be approved or provided. 

(e) A minor child is eligible to apply 

for program benefits if all eligibility 

requirements are met and one of the 

following conditions exists: 

(1) The right of majority has been 

conferred upon the minor by court 

proceedings or statute; 

(2) A guardian has been appointed to 

manage the minor’s property, and the 

applicable program documents are 

executed by the guardian; or 

(3) A bond is furnished under which 

a surety guarantees any loss incurred for 

which the minor would be liable had 

the minor been an adult. 

§ 760.1105 Application process. 

(a) Participants must submit to FSA: 

(1) A completed application in 

accordance with § 760.1104; 

(2) Adequate proof, as determined by 

FSA, that the feed lost: 

(i) Was for the claimed eligible 

livestock; 

(ii) Was lost as a direct result of an 

eligible disaster event during an eligible 

disaster period specified in § 760.1001; 

(iii) Was lost after January 1, 2005, but 

before February 28, 2007; and 

(iv) Occurred in the calendar year for 

which benefits are being requested; and 

(3) Any other supporting 

documentation as determined by FSA to 

be necessary to make a determination of 

eligibility of the participant. Supporting 

documents include, but are not limited 

to: verifiable purchase records; 

veterinarian records; bank or other loan 

papers; rendering truck receipts; Federal 

Emergency Management Agency 

records; National Guard records; written 

contracts; production records; Internal 

Revenue Service records; property tax 

records; private insurance documents; 

sales records, and similar documents 

determined acceptable by FSA. 

(b) [Reserved] 

§ 760.1106 Payment calculation. 

(a) Preliminary, unadjusted LCP 

payments are calculated for a producer 

by multiplying the national payment 

rate for each livestock category, as 

provided in paragraph (c) of this 

section, by the number of eligible 

livestock for the producer in each 

category. The national payment rate 

represents the cost of the amount of 

corn needed to maintain the specific 

livestock for 30 days, as determined by 

FSA. As provided in subpart K of this 

part, a producer may receive benefits for 

only one of the three program years, 

2005, 2006, or 2007. The producer must 

indicate which year has been chosen. 

Payments are available only with 

respect to disaster-related fees losses in 

the period from January 2, 2005 through 

February 27, 2007, in eligible counties 

for losses during the times specified for 

the disaster periods as specified in 

§ 760.1001(b). 

(b) The preliminary LCP payment 

calculated in accordance with paragraph 

(a) of this section: 

(1) For 2005 LCP provided for under 

this subpart will be reduced by the 

amount the participant received for the 

specific livestock under the Feed 

Indemnity Program in accordance with 

subpart D of this part and LCP for the 

2005 hurricanes under subpart B of part 

1416 of this title; and 

(2) For 2006 LCP under this subpart 

will be reduced by the amount the 


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participant received for the same or 

similar loss under the Livestock 

Assistance Grant Program in accordance 

with subpart H of this part. 

(c) Subject to such other limitations as 

may apply, including those in paragraph 

(b) of this section, the payment under 

the 2005–2007 LCP may not exceed for 

the relevant year chosen by the 

producer the smaller of either the: 

(1) Payment calculated in paragraph 

(a) of this section for that year; or 

(2) Value of the producer’s eligible 

feed loss, increased feed costs, or forage 

or grazing loss as determined by FSA for 

that year. 

(d) The actual payment to the 

producer will be the amount provided 

for in paragraph (c) of this section 

subject to the adjustments and limits 

provided for in this section or in this 

part. 

§ 760.1107 Appeals. 

The appeal regulations in parts 11 and 

780 of this title apply to determinations 

made under this subpart. 

§ 760.1108 Offsets, assignments, and debt 

settlement. 

(a) Any payment to any participant 

will be made without regard to any 

claim or lien against the commodity, or 

proceeds, in favor of the owner or any 

other creditor except agencies of the 

U.S. Government. The regulations 

governing offsets and withholdings in 

parts 792 and 1403 of this title apply to 

payments made under this subpart. 

(b) Any participant entitled to any 

payment may assign any payments in 

accordance with regulations governing 

the assignment of payments in part 1404 

of this chapter. 

§ 760.1109 Recordkeeping and 

inspections. 

Participants receiving payments 

under this subpart or any other person 

who furnishes information for the 

purposes of enabling the participant to 

receive a payment under this subpart 

must maintain any books, records, and 

accounts supporting that information for 

a minimum of 3 years following the end 

of the year during which the application 

for payment was filed. Participants 

receiving payments or any other person 

who furnishes the information to FSA 

must allow authorized representatives 

of USDA and the General Accounting 

Office, during regular business hours, 

and to enter upon, inspect, examine, 

and make copies of the books or records, 

and to inspect and verify all applicable 

livestock and acreage in which the 

participant has an interest for the 

purpose of confirming the accuracy of 

the information provided by or for the 

participant. 

§ 760.1110 Refunds; joint and several 

liability. 

In the event there is a failure to 

comply with any term, requirement, or 

condition for payment or assistance 

arising under this subpart, and if any 

refund of a payment to FSA will 

otherwise become due in connection 

with this subpart, all payments made in 

regard to such matter must be refunded 

to FSA together with interest and latepayment charges as provided for in part 

792 of this title, provided that interest 

will run from the date of the 

disbursement of the refund to the 

producer. 

Subpart M—2005–2007 Catfish Grant 

Program 

§ 760.1200 Administration. 

FSA will administer a limited 2005–

2007 CGP to provide assistance to 

catfish producers in eligible counties 

that suffered catfish feed and related 

losses between January 1, 2005, and 

February 28, 2007, that is after January 

1, 2005, and before February 28, 2007. 

Under the 2005–2007 CGP, FSA will 

provide grants to State governments in 

those States that have catfish producers 

that are located in eligible counties and 

that have agreed to participate in the 

2005–2007 CGP. The amount of each 

grant will be based on the total value of 

catfish feed and related losses suffered 

in eligible counties in the subject state. 

Each State must submit a work plan 

providing a summary of how the State 

will implement the 2005–2007 CGP. 

§ 760.1201 Application for payment. 

Application procedures for 2005–

2007 CGP will be as determined by the 

State governments. 

§ 760.1202 Eligible producers. 

(a) To be considered an eligible 

catfish producer, an participant must: 

(1) Raise catfish in a controlled 

environment and be physically located 

in an eligible county on the beginning 

date of the disaster period; 

(2) Maintain the catfish for 

commercial use as part of a farming 

operation; 

(3) Have a risk in production of such 

catfish; and 

(4) Have suffered one of the following 

types of losses relating to catfish feed as 

a direct result of the county’s disaster 

event that occurred in that year: 

(i) Physical loss of feed that was 

damaged or destroyed, 

(ii) Cost to the extent allowed by FSA, 

associated with lost feeding days, or 

(iii) Cost associated with increased 

feed prices. 

(b) [Reserved] 

§ 760.1203 Payment calculation. 

(a) Producers must be paid for feed 

losses of higher costs only for one of the 

three years, 2005, 2006, or 2007, and the 

loss must be for eligible catfish feed 

losses in an eligible county, as 

determined pursuant to subpart K of 

this part. Further, the feed loss or higher 

costs must be caused by the disaster that 

caused the county to qualify as an 

eligible county. The loss, moreover, to 

qualify for payment, must have occurred 

during the allowable time period 

provided in this part, namely the period 

beginning on January 2, 2005 and 

ending February 27, 2007. The producer 

must pick the year of the benefits 

sought. 

(b) Subject to all adjustments and 

limits provided for in this part the 

amount of assistance provided to each 

participant from the State will be equal 

to the smaller of: 

(1) Depending on the year chosen by 

the producer, the value of the 

participant’s 2005, 2006, or 2007 catfish 

feed and related losses as a direct result 

of an eligible disaster event, as 

determined by the State or 

(2) Result of multiplying: 

(i) Total tons of catfish feed purchased 

by the participant in depending on the 

year chosen by the producer 2005 

(entire year), 2006 (entire year), or 2007 

(through February 27, 2007, only), 

times, 

(ii) Catfish feed payment rate for 2005, 

2006, or 2007, as applicable, as set by 

FSA. 

(c) The catfish feed rate represents 61 

percent of the normal cost of a ton of 

feed for a year divided by six to reflect 

the normal feeding price for catfish. 

Signed in Washington, DC, December 18, 

2007. 

Teresa C. Lasseter, 

Administrator, Farm Service Agency. 

[FR Doc. 07–6154 Filed 12–19–07; 9:03 am] 

BILLING CODE 3410–05–P 


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