Except as provided in individual parts of chapters VII and XIV of this title, the following terms shall be as defined herein:
(AV) means the amount by which the determined acreage
of tobacco may exceed the effective allotment
and be considered in compliance with program regulations.
means an acreage for a commodity allocated to a farm
in accordance with the Agricultural Adjustment Act of 1938
, as amended.
means any tobacco crop for which acreage allotments are established pursuant to part 723 of this chapter
that follows the standard planting and harvesting practice of barley
for the area in which the barley
CCC means the Commodity Credit Corporation.
means consolidation of two or more farms or parts of farms, having the same operator
, into one farm
Common ownership unit means a distinguishable parcel of land consisting of one or more tracts of land with the same owners, as determined by FSA.
means the make-up of the farm
before any change is made because of change in ownership or operation.
means the term set forth in 21 CFR part 1308
or sterile high-sugar corn
that follows the standard planting and harvesting practices for corn
for the area in which the corn
is grown. Popcorn, corn
nuts, blue corn
, sweet corn
, and corn
varieties grown for decoration uses are not corn
Crop reporting date
means the latest date the Administrator, FSA will allow the farm
, or their agent to submit a crop acreage report in order for the report to be considered timely.
(a) Means land which the county committee
determines meets any of the following conditions:
Is currently being tilled for the production of a crop for harvest. Land which is seeded by drilling, broadcast or other no-till planting practices shall be considered tilled for cropland definition purposes;
Is not currently tilled, but it can be established that such land has been tilled in a prior year and is suitable for crop production;
Is currently devoted to a one-row or two-row shelter belt planting, orchard, or vineyard;
Is in terraces that, were cropped in the past, even though they are no longer capable of being cropped;
Is in sod waterways or filter strips planted to a perennial cover;
Is land that has newly been broken out for purposes of being planted to a crop that the producer intends to, and is capable of, carrying through to harvest, using tillage and cultural practices that are consistent with normal practices in the area; provided further that, in the event that such practices are not utilized other than for reasons beyond the producer's control, the cropland
determination shall be void retroactive to the time at which the land was broken out.
No longer used for agricultural production;
No longer suitable for production of crops;
Subject to a restrictive easement or contract that prohibits its use for the production of crops unless otherwise authorized by the regulation of this chapter;
No longer preserved as cropland in accordance with the provisions of part 1410 of this title and does not meet the conditions in paragraphs (a)(1) through (a)(6) of this definition; or
Converted to ponds, tanks or trees other than those trees planted in compliance with a Conservation Reserve Program contract executed pursuant to part 1410 of this title, or trees that are used in one-or two-row shelterbelt plantings, or are part of an orchard or vineyard.
means the year for which allotments, quotas, acreages, and bases, or other program determinations are established for that program. For controlled substance violations, the current year
is the year of the actual conviction.
means Deputy Administrator
Programs, Farm Service Agency
, U.S. Department of Agriculture
or their designee.
means a decision issued by a State
or area FSA committee or its employees that affects a participant
's status in a program administered by FSA.
Determined acreage means that acreage established by a representative of the Farm Service Agency by use of official acreage, digitizing or planimetering areas on the photograph or other photographic image, or computations from scaled dimensions or ground measurements.
Direct and counter-cyclical program (DCP) cropland
means land that currently meets the definition of cropland
, land that was devoted to cropland
at the time it was enrolled in a production flexibility contract in accordance with part 1413 of this title
and continues to be used for agricultural purposes, or land that met the definition of cropland
on or after April, 4, 1996, and continues to be used for agricultural purposes and not for nonagricultural commercial or industrial use
means the division
of a farm
into two or more farms or parts of farms.
means a corporation, joint stock company, association limited partnership, irrevocable trust, estate, charitable organization, or other similar organization including any such organization participating in the farming operation 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.
Extra Long Staple (ELS) Cotton means cotton that follows the standard planting and harvesting practices of the area in which the cotton is grown, and meets all of the following conditions:
American-Pima, Sea Island, Sealand, all other varieties of the Barbandense species of cotton and any hybrid thereof, and any other variety of cotton in which 1 or more of these varieties is predominant; and,
The production from the acreage is ginned on a roller-type gin.
means an individual to whom a person
is related as spouse, lineal ancestor, lineal descendant, or sibling, including:
Child, including a legally adopted child;
Spouse of a person listed in paragraphs (1) through (7) of this definition.
means a tract
, or tracts, of land that are considered to be a separate operation under the terms of this part provided further that where multiple tracts are to be treated as one farm
, the tracts must have the same operator
and must also have the same owner
except that tracts of land having different owners may be combined if all owners agree to the treatment of the multiple tracts as one farm
for these purposes.
means an inspection by an authorized FSA representative using aerial or ground compliance to determine the extent of producer
adherence to program requirements.
means a number assigned to a farm
by the county committee
for the purpose of identification.
means the sum of the DCP cropland
, forest, acreage planted to an eligible crop acreage as specified in 1437.3 of this title and other land on the farm
means a part of a farm
which is separated from the balance of the farm
by permanent boundaries such as fences, permanent waterways, woodlands, and croplines in cases where farming practices make it probable that such cropline is not subject to change, or other similar features.
means Geographic Information System or a system that stores, analyzes, and manipulates spatial or geographically referenced data. GIS
computes distances and acres using stored data and calculations.
means Global Positioning System or a positioning system using satellites that continuously transmit coded information. The information transmitted from the satellites is interpreted by GPS
receivers to precisely identify locations on earth by measuring distance from the satellites.
means grain sorghum
of a feed grain or dual purpose variety (including any cross that, at all stages of growth, having characteristics of a feed grain or dual purpose variety) that follows the standard planting and harvesting practice for grain sorghum
for the area in which the grain sorghum
was planted. Sweet sorghum is not considered a grain sorghum
means the distance between 2 points on the ground, obtained by actual use of a chain tape, GPS
with a minimum accuracy level as determined by the Deputy Administrator
, or other measuring device.
Joint operation means a general partnership, joint venture, or other similar business organization.
means one who rents or leases farmland
means a measurement of acreage or farm
-stored commodities performed by a representative of FSA and paid for by the producer
requesting the measurement.
Measurement service after planting
means determining a crop or designated acreage after planting but before the farm
files a report of acreage for the crop.
Measurement service guarantee
means a guarantee provided when a producer
requests and pays for an authorized FSA representative to measure acreage for FSA and CCC
program participation unless the producer
takes action to adjust the measured acreage. If the producer
has taken no such action, and the measured acreage is later discovered to be incorrect, the acreage determined pursuant to the measurement service
will be used for program purposes for that program year.
means an individual who is under 18 years of age. State
court proceedings conferring majority on an individual under 18 years of age will not change such an individual's status as a minor.
Nonagricultural commercial or industrial use means land that is no longer suitable for producing annual or perennial crops, including conserving uses, or forestry products.
Normal planting period
means that period during which the crop is normally planted in the county
, or area within the county
, with the expectation of producing a normal crop.
Normal row width
means the normal distance between rows of the crop in the field
, but not less than 30 inches for all crops.
that follows the standard planting and harvesting practice of oats
for the area in which the oats
means one who has legal ownership of farmland
Any agency of the Federal Government, however, such agency shall not be eligible to receive any payment pursuant to such contract;
One who is buying farmland under a contract for deed;
One who has a life-estate in the property; or
For purposes of enrolling a farm in a program authorized by chapters VII and XIV of this title:
One who has purchased a farm in a foreclosure proceeding; and
The redemption period has not passed; and
The original owner has not redeemed the property.
One who meets the provisions of paragraph (d)(1)(i) of this definition shall be entitled to receive benefits in accordance with an agency program only to the extent the owner complies with all program requirements.
One who is an heir to property but cannot provide legal documentation to confirm ownership of the property, if such heir certifies to the ownership of the property and the certification is considered acceptable, as determined by the Deputy Administrator. Upon a false or inaccurate certification the Deputy Administrator may impose liability on the certifying party for additional cost that results—however such a certification may be taken by the Deputy Administrator as a bar to other claims where there has been a failure of other persons claiming an interest in the property to act promptly to protect or declare their interest or where the current public records do not accurately set out the current ownership of the farm.
means a reconstitution
that is made effective in the current year
for some crops, but is not made effective in the current year
for other crops. This results in the same farm
having two or more farm
numbers in one crop year.
Participant means one who participates in, or receives payments or benefits in accordance with any of the programs administered by FSA.
Pasture means land that is used to, or has the potential to, produce food for grazing animals.
means an individual, or an individual participating as a member of a joint operation
or similar operation, a corporation, joint stock company, association, limited stock company, limited partnership, irrevocable trust, revocable trust together with the grantor of the trust, estate, or charitable organization including any entity
participating in the farming operation as a partner in a general partnership, a participant
in a joint venture, a grantor of a revocable trust, or a participant
in a similar entity
, or a State
, political subdivision
or agency thereof. To be considered a separate person
for the purpose of this part, the individual or other legal entity
Have a separate and distinct interest in the land or the crop involved;
Exercise separate responsibility for such interest; and
Be responsible for the cost of farming related to such interest from a fund or account separate from that of any other individual or entity.
means an owner
, or sharecropper
, who shares in the risk of producing a crop and who is entitled to share in the crop available for marketing from the farm
, or would have shared had the crop been produced. A producer
includes a grower of hybrid seed.
means the pounds allocated to a farm
for a commodity in accordance with the Agricultural Adjustment Act of 1938
, as amended.
means an examination of a farm
by an authorized representative of FSA selected as a part of an impartial sample to determine the adherence to program requirements.
means an examination by an authorized representative of FSA of a farm
specifically selected by application of prescribed rules to determine adherence to program requirements or to verify the farm
, or agent's report.
that follows the standard planting and harvesting practices of the area excluding sweet, glutinous, or candy rice
such as Mochi Gomi.
means the Secretary
of Agriculture of the United States, or a designee.
means one who performs work in connection with the production of a crop under the supervision of the operator
and who receives a share of such crop for its labor.
Skip-row or strip-crop planting means a cultural practice in which strips or rows of the crop are alternated with strips of idle land or another crop.
Staking and referencing means determining an acreage before planting by:
Measuring or computing a delineated area from ground measurements and documenting the area measured; and, (2) Staking and referencing the area on the ground.
means an acreage that is excluded from the gross acreage in a field
because such acreage is considered as being used for farm
equipment turn-areas. Such acreage is established by application of a prescribed percentage of the area planted to the crop in lieu of measuring the turn area.
State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands.
means a part of a field
that is separated from the balance of the field
by temporary boundary, such as a cropline which could be easily moved or will likely disappear.
One who rents land from another in consideration of the payment of a specified amount of cash or amount of a commodity; or
One (other than a sharecropper) who rents land from another person in consideration of the payment of a share of the crops or proceeds therefrom.
means a prescribed amount within which the reported acreage
and/or production may differ from the determined acreage
and/or production and still be considered as correctly reported.
means a unit of contiguous land under one ownership, which is operated as a farm
, or part of a farm
Tract combination means the combining of two or more tracts if the tracts have common ownership and are contiguous.
means the dividing of a tract
into two or more tracts because of a change in ownership or operation.
Turn-area means the area across the ends of crop rows which is used for operating equipment necessary to the production of a row crop (also called turn row, headland, or end row).
means planted and stub cotton that is not considered extra long staple cotton, and that follows the standard planting and harvesting practices of the area and is produced from other than pure strain varieties of the Barbadense species, any hybrid thereof, or any other variety of cotton in which one or more of these varieties predominate. For program purposes, brown lint cotton is considered upland cotton
for feed or dual purpose variety that follows the standard planting and harvesting practice of wheat
for the area in which the wheat