American Indian Livestock Feed Program

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1439

RIN: 0560-AF29

American Indian Livestock Feed Program

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Interim rule with request for comments.

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SUMMARY: This regulation sets forth the terms and conditions of the

American Indian Livestock Feed Program (AILFP). Assistance will be

available to Federally recognized Indian tribes when, as a result of

natural disaster, a significant loss of livestock feed has occurred and

a livestock feed emergency exists, as determined by the Commodity

Credit Corporation.

DATES: This interim rule is effective on November 27, 1998. Comments on

this rule must be received on or before December 28, 1998 to be assured

of consideration. Comments on the information collection in this rule

must be received on or before January 26, 1999.

ADDRESSES: Submit written comments on this rule to Sean O'Neill, Chief,

Noninsured Assistance Programs Branch (NAPB), Production, Emergencies,

and Compliance Division (PECD), Farm Service Agency (FSA), United

States Department of Agriculture, STOP 0517, 1400 Independence Avenue,

SW, Washington, DC 20250-0517; telephone (202) 720-9003; e-mail

Sean__O[email protected].

FOR FURTHER INFORMATION CONTACT: Sean O'Neill, Chief, Noninsured

Assistance Programs Branch (NAPB), Production, Emergencies, and

Compliance Division (PECD), Farm Service Agency (FSA), United States

Department of Agriculture, STOP 0517, 1400 Independence Avenue, SW,

Washington, DC 20250-0517; telephone (202) 720-9003; e-mail

Sean__O[email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This interim rule is issued in conformance with Executive Order

12866 and has been determined to be significant and has been reviewed

by OMB.

Regulatory Flexibility Act

It has been determined that the Regulatory Flexibility Act is not

applicable to this rule because neither FSA nor the Commodity Credit

Corporation is required by 5 U.S.C. 553 or any other provision of law

to publish a notice of proposed rulemaking with respect to the subject

matter of this rule.

Environmental Evaluation

It has been determined by an environmental evaluation that this

action will have no significant impact on the quality of the human

environment. Therefore, neither an environmental assessment nor an

environmental impact statement is needed.

Executive Order 12988

The interim rule has been reviewed in accordance with Executive

Order 12988. The provisions of this interim rule preempt State laws to

the extent such laws are inconsistent with the provisions of this rule.

Before any judicial action may be brought concerning the provisions of

this rule, the administrative remedies must be exhausted.

Executive Order 12372

This program is not subject to the provisions of Executive Order

12372, which require intergovernmental consultation with State and

local officials. See the Notice related to 7 CFR part 3015, subpart V,

published at 48 FR 29115 (June 24, 1983).

[[Page 65525]]

Executive Order 12612

It has been determined that this rule does not have sufficient

Federalism implications to warrant the preparation of a Federalism

Assessment. The provisions contained in 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 13084

The American Indian Livestock Feed Program is a voluntary program

dispensing benefits to American Indian tribes. Nothing contained in

this voluntary program imposes any substantial direct compliance costs

on American Indian tribes. The American Indian Livestock Feed Program

is a government-to-government program that adheres to the policies and

procedures contained in Executive Order 13084.

Unfunded Mandates Reform Act of 1995 (UMRA)

This rule contains no Federal mandates under the regulatory

provisions of Title II of the UMRA for State, local, and tribal

governments or the private sector. Thus, this rule is not subject to

the requirements of sections 202 and 205 of the UMRA.

Small Business Regulatory Enforcement Fairness Act of 1996

Due to the need for immediate action and necessity in providing

payments for losses expeditiously, CCC has determined that, pursuant to

section 808 of the Small Business Regulatory Enforcement Fairness Act

of 1996, it is impracticable and contrary to public interest to require

this rule to conform to the requirements of section 801 of that Act.

Accordingly this rule is effective upon publication.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995, CCC will

submit an emergency information collection request to OMB for the

approval of the AILFP reports as necessary for the proper functioning

of the program.

Title: American Indian Livestock Feed Program.

OMB Control Number: 0560-NEW SUBMISSION.

Type of Request: Emergency.

Abstract: This information collection will allow CCC to effectively

administer American Indian Livestock Feed Program conducted under

section 813 of the Agricultural Act of 1970. The information collected

allows CCC to provide assistance under the program for losses of

livestock feed crops, including feed grains and forage. The collection

is necessary to provide those charged with determining eligibility, a

basis to determine whether the producer meets applicable conditions for

assistance and to determine compliance with existing rules.

Estimate of Burden: Public reporting burden for this information

collection is estimated to average .5 hours per response.

Respondents: Tribal members as determined by tribal governments.

Estimated Number of Respondents: 45,050.

Estimated Number of Responses per Respondent: 1.

Estimated Total Annual Burden on Respondents: 22,563 hours.

Proposed topics for comment include: (a) Whether the continued

collection of information is necessary for the proper performance of

the functions of the agency, including whether the information will

have practical utility; (b) the accuracy of the CCC's estimate of

burden including the validity of the methodology and assumptions used;

(c) enhancing the quality, utility, and clarity of the information

collected; or (d) minimizing the burden of the collection of the

information on those who are to respond, including the use of

appropriate automated, electronic, mechanical, or other technological

collection techniques or other forms of information technology.

Comments should be sent to the Desk Officer for Agriculture, Office of

Information and Regulatory Affairs, Office of Management and Budget,

Washington, DC 20503, and to Sean O'Neill, Chief, NAPB, PECD, FSA,

United States Department of Agriculture, STOP 0517, 1400 Independence

Avenue, SW, Washington, DC 20250-0517. All comments will become a

matter of public record.

OMB is required to make a decision concerning the collection of

information contained in these interim regulations between 30 and 60

days after publication of this document in the Federal Register.

Therefore, a comment to OMB is best assured of having its full effect

if OMB receives it within 30 days of publication.

Background

Section 813 of the Agricultural Act of 1970 gives the Secretary of

Agriculture the authority to provide assistance to relieve distress

caused by a natural disaster. Accordingly, under this authority CCC

will establish the American Indian Livestock Feed Program (AILFP). CCC

will enter into contracts with tribal governments in regions that have

been affected by a natural disaster. The contracts will enable tribal

governments to approve requests for benefits for eligible owners. When

the eligible owner is a tribal government, CCC will make determinations

regarding eligibility. The criteria set forth in this rule will be used

to determine eligible regions for AILFP and other eligibility criteria.

List of Subjects in 7 CFR part 1439

Agricultural commodities, Disaster assistance, Reporting and

recordkeeping requirements.

For the reasons set forth in the preamble, 7 CFR part 1439 is

amended as set forth below.

PART 1439--EMERGENCY LIVESTOCK ASSISTANCE

1. The authority citation for Part 1439 continues to read as

follows:

Authority: 15 U.S.C. 714b and 714c, 7 USC 1427 and 1471-1471j.

2. Part 1439 is amended by adding Subpart--American Indian

Livestock Feed Program to read as follows:

Subpart--American Indian Livestock Feed Assistance Program

Sec.

1439.900 [Reserved]

1439.901 Applicability.

1439.902 Administration.

1439.903 Definitions.

1439.904 Region.

1439.905 Responsibilities.

1439.906 Program availability.

1439.907 Eligibility.

1439.908 Payment application.

1439.909 Payments.

1439.910 Program suspension and termination.

1439.911 Appeals.

1439.912 through 1439.915 [Reserved]

Subpart--American Indian Livestock Feed Program

Sec. 1439.900 [Reserved]

Sec. 1439.901 Applicability.

This subpart sets forth the terms and conditions of a government-

to-government program titled the American Indian Livestock Feed Program

(AILFP). The AILFP has been allocated a budget of $12.5 million.

Assistance will be available in those regions that Commodity Credit

Corporation (CCC) determines have been affected by natural disaster,

and where a determination is made by the Deputy Administrator for Farm

Programs that a livestock feed emergency exists on tribal land. Funds

made available under the AILFP shall be available beginning in crop

year 1997 and subsequent crop years. Payments may become available as

contracts with

[[Page 65526]]

tribal governments are approved. If any other benefits are received

from the Department of Agriculture for the same loss, then payments

under this part will be reduced accordingly. Payments will terminate

when funds have been exhausted, without respect to the date of any

application, or of when any contract has been entered into by any

tribal government and CCC. Applicants will receive benefits on a first

come, first served basis.

Sec. 1439.902 Administration.

(a) This subpart shall be administered by CCC under the general

supervision of the Deputy Administrator for Farm Programs, Farm Service

Agency (FSA). This program shall be carried out in the field as

prescribed in these regulations and as directed in the contract

executed between the applicable tribal government and CCC, except that

in the event any contract provision conflicts with these regulations,

the regulations shall apply.

(b) Tribal governments, their representatives, and employees do not

have authority to modify or waive any provisions of the regulations of

this subpart.

(c) State and county committees, and representatives and employees

thereof, do not have the authority to modify or waive any provisions of

regulations of this subpart.

(d) The Deputy Administrator may authorize State and county

committees to waive or modify deadlines, and other program requirements

in cases where the applicant or tribe, as applicable, show that

circumstances beyond the applicant's or tribe's control precluded

compliance with the deadline and where lateness or failure to meet such

other requirements does not adversely affect the operation of the

program.

(e) The tribal government will, in accordance with this part and in

coordination with the U.S. Department of the Interior, Bureau of Indian

Affairs (BIA) and FSA State and county committees, recommend the

geographical size and shape of the region where the natural disaster

has occurred, and whether the regional eligibility requirement has been

satisfied. Documentation to support the reported natural disaster shall

be provided by the FSA State office and shall accompany the

recommendation. The recommendation of eligibility must be acted on by

the Deputy Administrator.

(f) The Deputy Administrator will determine all prices with respect

to implementing the AILFP.

(g) The FSA State committee will determine crop yields and

livestock carrying capacity with respect to implementing the AILFP.

(h) Participation in the AILFP by a tribal government for either

the tribal government's benefits or for the benefit of any eligible

owner is voluntary and is with the understanding that CCC will not

reimburse the tribal government or its members for any administrative

costs associated with the administration or implementation of the

program.

(i) The provisions of Secs. 1439.3, 1439.11 through 1439.22,

1439.24 and 1439.6(i)(1)(i), 1439.8(a), and 1439.9 (d) through (f)

shall apply to this subpart, and the provisions of Secs. 1439.10(a) and

1439.15, shall apply as set forth in Secs. 1439.908 and 1439.909 of

this subpart.

Sec. 1439.903 Definitions.

The definitions set forth in this section shall be applicable to

the program authorized by this subpart. The terms defined in

Sec. 1439.3 shall also be applicable except where those definitions

conflict with the definitions set forth in this subpart. The following

terms shall have the following meanings:

Animal Unit (AU) means a standard expression of livestock based on

a net energy maintenance requirement equal to 13.6 megacalories per

day.

Animal Unit Day (AUD) means an expression of expected or actual

stocking rate equal to one day.

Approving official means a representative of the tribal government

who is authorized to approve an application for assistance made in

accordance with this subpart.

Carrying capacity means the stocking rate expressed as acres per

animal unit which is consistent with maintaining or improving

vegetation or related resources.

Deputy Administrator means the Deputy Administrator for Farm

Programs, FSA, or designee.

Disaster period means the length of time that damaging weather,

adverse natural occurrence, or related condition has a detrimental

affect on the production of livestock feed.

Eligible feed for assistance means any type of feed (feed grain,

oilseed meal, premix, or mixed or processed feed, liquid or dry

supplemental feed, roughage, pasture, or forage) that provides net

energy megacalories and which is consistent with acceptable feeding

practices and was not produced by the owner.

Eligible livestock means beef and dairy cattle; buffalo and beefalo

maintained on the same basis as beef cattle; equine animals used for

food or used directly in the production of food; sheep; goats; and

swine.

Eligible owner means an individual or entity, including the tribe,

eligible to participate in this program, who:

(1) Contributes to the production of eligible livestock or their

products;

(2) Has such contributions at risk;

(3) Meets the criteria set forth in Sec. 1439.907 of this subpart;

and

(4) Meets eligibility criteria set forth by the tribal government

in an approved contract.

Livestock Feed Emergency means a situation in which a natural

disaster causes more than a 35 percent reduction in the feed produced

in a region determined in accordance with Sec. 1439.904 of this subpart

for a defined period, as determined by CCC. Any loss of feed production

attributable to overgrazing or other factors not considered to be a

natural disaster as specified in this subpart shall not be included in

the loss used to determine if a livestock feed emergency occurred.

Natural disaster means damaging weather, including but not limited

to drought, hail, excessive moisture, freeze, tornado, hurricane,

excessive wind, or any combination thereof; or an adverse natural

occurrence such as earthquake, flood, or volcanic eruption; or a

related condition, including but not limited to heat, or insect

infestation, which occurs as a result of aforementioned damaging

weather or adverse natural occurrence prior to or during the crop year

that directly causes, accelerates, or exacerbates the reduction of

livestock feed production.

Net Energy Maintenance means the appropriate amount of net energy

needed to meet the daily maintenance needs for livestock based on the

weight range by type of eligible livestock as provided in this section,

as determined by CCC.

Region means a geographic area suffering a livestock feed emergency

because of natural disaster as determined by a tribal government in

accordance with Sec. 1439.904 of this subpart.

Tribal Governed Land means:

(1) All land within the limits of any Indian reservation;

(2) Dependent Indian communities;

(3) Any lands title to which is either held in trust by the United

States for the benefit of an Indian tribe or Indian, or held by an

Indian tribe or Indian subject to a restriction by the United States on

alienation; and

(4) Land held by an Alaska Native, Alaska Native Village or village

or regional corporation under the provisions of the Alaska Native Claim

[[Page 65527]]

Settlement Act or other Act relating to Alaska Natives.

Tribe means an Indian or Alaska Native tribe, band, nation, pueblo,

village, or community that the Secretary of the Interior acknowledges

to exist as an Indian tribe pursuant to the Federally Recognized Indian

Tribe List Act of 1994, 25 U.S.C. 479a.

Type and weight range means the weight range by type of livestock

and appropriate amount of energy required to provide the daily

maintenance needs for livestock, as follows:

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Kind/type Weight range (lbs.) Daily energy requirements

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(1) Beef cattle (Buffalo/Beefalo):

Beef................................. Less than 400.................... 3.01 NEm Mcal

Beef................................. 400-799.......................... 5.59 NEm Mcal

Beef................................. 800-1099......................... 7.31 NEm Mcal

Beef................................. 1100+............................ 10.75 NEm Mcal

Beef, cow............................ All.............................. 13.60 NEm Mcal

Beef, bull........................... 1000+............................ 11.18 NEm Mcal

(2) Dairy cattle:

Dairy................................ Less than 400.................... 3.01 NEm Mcal

Dairy................................ 400-799.......................... 5.59 NEm Mcal

Dairy................................ 800-1099......................... 7.31 NEm Mcal

Dairy................................ 1100+............................ 10.75 NEm Mcal

Dairy, cow........................... Less than 1100................... 23.22 NEl Mcal

Dairy, cow........................... 11-1299.......................... 26.66 NEl Mcal

Dairy, cow........................... 1300-1499........................ 28.38 NEl Mcal

Dairy, cow........................... 1500+............................ 29.67 NEl Mcal

Dairy, bull.......................... 1000+............................ 12.47 NEm Mcal

(3) Equine:

Equine............................... Less than 450.................... 6.2 DE Mcal

Equine............................... 450-649.......................... 8.9 DE Mcal

Equine............................... 650-874.......................... 11.6 DE Mcal

Equine............................... 875+............................. 17.3 DE Mcal

(4) Swine:

Swine................................ Less than 45..................... 780 DE Kcal

Swine................................ 45-124........................... 1630 DE Kcal

Swine................................ 125+............................. 2867 DE Kcal

Swine, sow........................... 235+............................. 9854 DE Kcal

Swine, boar.......................... 235+............................. 5446 DE Kcal

(5) Sheep:

Sheep................................ Less than 44..................... 0.34 NEm Mcal

Sheep................................ 44-82............................ 0.77 NEm Mcal

Sheep................................ 83+.............................. 0.95 NEm Mcal

Sheep, ewe........................... 150+............................. 2.66 NEm Mcal

Sheep, ram........................... 150+............................. 1.46 NEm Mcal

(6) Goats:

Goats................................ Less than 44..................... 0.43 NEm Mcal

Goats................................ 44-82............................ 0.95 NEm Mcal

Goats................................ 83+.............................. 1.29 NEm Mcal

Goats, doe........................... 125+............................. 3.00 NEm Mcal

Goats, doe, dairy 1994 and subsequent 125+............................. 4.47 NEm Mcal

crop years.

Goats, buck.......................... 125+............................. 1.80 NEm Mcal

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Sec. 1439.904 Region.

(a) The size of a region will consist of:

(1) An entire reservation, even if the reservation is less than

320,000 acres; or

(2) Contiguous acreage of at least 320,000 acres and include land

acreage of an Indian reservation or tribal governed land. If a region

is delineated based on minimum size of 320,000 acres, the region shall

be delineated without regard to the boundary of a reservation or tribal

governed land. If the acreage affected by the natural disaster does not

meet the minimum acreage requirement specified in this subparagraph,

acreage will be added from surrounding land until the minimum

requirement is met.

(b) The region must:

(1) Include acreage affected by the natural disaster which is the

basis for the region's designation;

(2) Correspond to the shape of the natural disaster to the maximum

extent possible;

(3) Be defined in a manner that does not intentionally include or

exclude owners or crops;

(4) Contain some acreage of tribal governed land; and

(5) Have suffered a livestock feed emergency as defined in

Sec. 1439.903 of this subpart.

Sec. 1439.905 Responsibilities.

(a) During the operation of this program, CCC shall:

(1) Provide weather data, crop yields and carrying capacities to

tribes requesting such information;

(2) Review contracts submitted by tribal governments requesting

disaster regions; and

(3) Act as an agent for disbursing payments to eligible livestock

owners in approved disaster regions.

(b) Tribal governments shall be responsible for:

(1) Approaching CCC to obtain a contract to participate in the

AILFP based on the tribes' voluntary decisions that participation will

benefit its members;

(2) Gathering, organizing, and reporting accurate information

regarding disaster conditions and region;

(3) Advising livestock owners in an approved region that they may

be eligible for payments, in addition to the method and requirements

for filing applications;

[[Page 65528]]

(4) Accepting applications for payment from individual livestock

owners;

(5) Determining that the information provided by individual

livestock owners on payment applications is accurate and complete and

that the owner is eligible for payments under this program;

(6) Submitting only accurate and complete payment applications to

the designated FSA office acting as an agent for disbursing payments to

eligible livestock owners.

(c) The owner or authorized representative, shall:

(1) Furnish all the information specified on the payment

application, as requested by CCC;

(2) Provide any other information which the tribal government deems

necessary to determine the owner's eligibility; and

(3) Certify that purchased feed was or will be fed to the owner's

eligible livestock.

Sec. 1439.906 Program availability.

(a) When a tribal government determines that a livestock feed

emergency exists due to a natural disaster, the tribal government may

submit a properly completed contract requesting approval of a region.

All contracts requesting region approval must be submitted by the later

of December 28, 1998, or 30 days after the end of the disaster period

specified on the contract.

(b) Properly completed contracts shall consist of:

(1) A completed form CCC-453, Contract To Participate; and

(2) A completed form CCC-648, Region Designation And Feed Loss

Assessment; and

(3) Supportive documentation as determined by CCC including, but

not limited to:

(i) A map of the region delineated according to Sec. 1439.904 of

this subpart;

(ii) Historical production data and estimated or actual production

data for the disaster year;

(iii) Climatological data provided by the FSA State Office; and

(iv) A report of an on-site survey.

(c) The Deputy Administrator shall make a determination as to

whether a livestock feed emergency exists not later than 30 days after

receipt of a properly completed contract made in accordance with this

subpart and shall notify the tribal government and FSA State Office of

such determination as applicable.

(d) The feeding period provided in the approved contract will be

for a term not to exceed 90 days, except as provided in paragraph (e)

of this section. The feeding period shall not be extended if the

livestock feed emergency no longer exists. Notwithstanding the duration

of any feeding period, assistance under this subpart terminates

immediately and without notice according to Sec. 1439.901.

(e) The tribal government may request to extend the feeding period

not to exceed an additional 90 days for each extension if disaster

conditions have not diminished significantly and a livestock feed

emergency continues.

Sec. 1439.907 Eligibility.

(a) An eligible owner must own or jointly own the eligible

livestock for which payments under this subpart are requested.

Notwithstanding any other provision of this subpart, livestock leased

under a contractual agreement which has been in effect at least 6

months prior to the date of application for assistance made under this

subpart shall be considered as being owned by the lessee if the lease:

(1) Requires the lessee to furnish the feed for such livestock; and

(2) Provides for an interest in such livestock, such as the right

to market a share of the increase in weight of livestock.

(b) A State or non-tribal local government or subdivision thereof,

or any individual or entity determined to be ineligible in accordance

with Sec. 1400.501 of this chapter are not eligible for benefits under

this subpart.

(c) Any eligible owner of livestock, including the tribe, may file

a CCC-approved AILFP payment application with the tribal government.

When such a payment application is filed, the owner and an authorized

tribal government representative shall execute the certification

contained on such payment application no later than the deadline

established by CCC upon approval of the region.

(d) To be eligible for benefits under this subpart, livestock

owners must own or lease tribal governed land in the delineated region;

and have had livestock on such land at the time of disaster which is

the basis for the region's designation

(e) Eligible livestock owners shall be responsible for providing

information to the tribal government that accurately reflects livestock

feed purchases for eligible livestock during the feeding period. False

or inaccurate information may affect the owner's eligibility.

Sec. 1439.908 Payment application.

(a) Except as provided in paragraph (d) of this section, payment

applications from interested eligible owners must be:

(1) Submitted to the tribal government by the owner no later than a

date announced by the tribe, such date being no later than the

applicable date in Sec. 1439.907(c); and

(2) Submitted by the tribal government to the office designated by

CCC no later than a date announced by CCC; and

(3) Accompanied by valid receipts substantiating purchase of

eligible feed for assistance. Valid receipts must also be accompanied

by the certification referenced in Sec. 1439.907(d)(3) of this subpart

and shall contain:

(i) The date of feed purchase, which must fall within the eligible

feeding period as approved on the contract;

(ii) The names and addresses of the buyer and the vendor;

(iii) The type of feed purchased;

(iv) The quantity of the feed purchased;

(v) The cost of the feed; and

(vi) The vendor's signature if the vendor is not licensed to

conduct this type of business transaction.

(b) The tribal government shall review each payment application, as

specified by CCC, for completeness and accuracy. Except as provided in

paragraphs (c) and/or (d) of this section, the tribal government shall

approve those eligible owners and applications meeting the requirements

of this subpart.

(c) No approving tribal government member shall review and approve

a payment application for any operation for which such member has a

direct or indirect interest. Such payment application may be reviewed

for approval by a member of the tribal government who is not related to

the applicant by blood or marriage.

(d) Tribal governments do not have the authority to approve a

payment application for any operation for which the tribe has a direct

or indirect interest. Payment applications for tribal owned livestock

shall contain an original signature of a member of the tribal

government, signing as representing all owners of the tribal owned

livestock, who possesses the authority to sign documents on behalf of

the tribe and shall be submitted to an office designated by the

Secretary for approval.

(e) No payment application, as specified by CCC, shall be approved

unless the owner meets all eligibility requirements. Information

submitted by the owner and any other information, including knowledge

of the tribal government concerning the owner's normal operations,

shall be taken into consideration in making recommendations and

approvals. If either the payment application is incomplete or

information furnished by the owner is incomplete or ambiguous and

sufficient information is not

[[Page 65529]]

otherwise available with respect to the owner's farming operation in

order to make a determination as to the owner's eligibility, the

owner's payment application, as specified by CCC, shall be denied. The

tribal government shall be responsible for notifying the owner of the

reason for the denial and shall provide the owner an opportunity to

submit additional information as requested.

(f) All payment applications, as specified by CCC, approved by the

tribal government will be submitted to a designated FSA office for

calculation of payment.

Sec. 1439.909 Payments.

(a) Provided all other eligibility requirements of this subpart are

met and funds are available, all eligible payment applications

submitted to the designated FSA office shall have payments issued to

the applicant by CCC.

(b) If any term, condition, or requirement of these regulations or

contract are not met, payments and benefits previously provided by CCC

which were not earned under the provisions of the application shall be

refunded.

(c) Each owner's share of the total payment shall be indicated on

the application, and each owner shall receive benefits or final payment

from CCC according to benefits or payments earned under the provisions

of the application.

(d) CCC may reduce the benefits payable to an applicant under this

program if CCC has made assistance available to such applicant under

any other CCC program with respect to the same natural disaster.

(e) The amount of assistance provided to any owner shall not exceed

the smaller of either:

(1) The dollar amount of eligible livestock feed purchased, as

documented by acceptable purchase receipts, less the dollar amount of

any sale of livestock feed (whether purchased or produced) by the owner

during the feeding period; or

(2) 30 percent of the amount computed by multiplying:

(i) The number of animal units determined on the basis of the

number of eligible livestock of each type and weight range; by

(ii) The smaller of the number of days the owners provided feed to

eligible livestock or the total days in the contract's feeding period;

by

(iii) The Animal Unit Day value, as established by the Deputy

Administrator for Farm Programs, less the dollar amount of any sale of

livestock feed (whether purchased or produced) by the owner during the

feeding period.

(f) Payments issued in conjunction with this program will not be

subject to offset for debts incurred through participation in any other

program conducted by the Department of Agriculture.

Sec. 1439.910 Program suspension and termination.

(a) The tribal government that requested the AILFP assistance, may

at any time during the operation of a program recommend suspension or

termination of the program.

(b) The Deputy Administrator may suspend or terminate the program

at any time if:

(1) The tribal government requests termination or suspension; or

(2) Funding is exhausted.

Sec. 1439.11 Appeals.

Any person who is dissatisfied with a CCC determination made with

respect to this subpart may make a request for reconsideration or

appeal of such determination in accordance with part 780 of this

chapter. Any person who is dissatisfied with a determination made by

the tribal authority should seek reconsideration of such determination

with the tribe. Decisions and determinations made under this subpart

not rendered by CCC or FSA are not appealable to the National Appeals

Division.

Secs. 1439.912 through 1439.915 [Reserved]

Signed at Washington, DC, on November 20, 1998.

Keith Kelly,

Executive Vice President, Commodity Credit Corporation.

[FR Doc. 98-31655 Filed 11-25-98; 8:45 am]

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