UNITED STATES DEPARTMENT of AGRICULTURE Farm Service Agency Washington, DC 20250
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UNITED STATES DEPARTMENT OF AGRICULTURE Farm Service Agency Washington, DC 20250 Acreage and Compliance Determinations 2-CP (Revision 15) Amendment 95 Approved by: Acting Deputy Administrator, Farm Programs Amendment Transmittal A Reasons for Amendment The following subparagraphs have been amended to update the reference from DCP to ARC/PLC: • 15 A • 16 A • 19 A and B • 23.5 E • 25 B • 102 A. Subparagraph 21 C has been added to update guidance on late-file provisions for nursery and aquaculture. Subparagraphs 22 B, C, G, and H have been amended to clarify revising acreage reports. Paragraph 23.6 has been amended to clarify procedure for reporting cover cops. Subparagraph 25 A has been amended to update the note to provide that cover crops are not eligible for double-cropping. Exhibit 10.5 has been amended to update CRM/product master and CVS modifications. Exhibit 11 has been amended to update late-filed provisions for nursery and aquaculture. 3-24-16 Page 1 Amendment Transmittal (Continued) Page Control Chart TC Text Exhibit 2-1, 2-2 10.5, pages 1-8 2-3 through 2-8 pages 8.5, 8.6 2-11, 2-12 pages 15-38 2-17 through 2-20 page 41 2-20.5, 2-20.6 11, pages 1-4 2-22.5, 2-22.6 pages 5, 6 (add) 2-22.6.5, 2-22.6.6 page 7 (add) 2-24.9, 2-24.10 2-25, 2-26 2-169 through 2-198 3-24-16 2-CP (Rev. 15) Amend. 95 Page 2 Par. 15 Part 2 Acreage Report Procedures Section 1 Responsibilities, Guidelines, and Reporting Dates 15 Using FSA-578 A Introduction County Offices shall use FSA-578 to collect data relating to crops. The data collection is to: • determine compliance with farm programs • verify compliance with HELC and WC provisions • collect data for FSA and other USDA agencies for program decisions • determine producer eligibility for loans and LDP’s *--determine crop and producer eligibility for ARC/PLC, ELAP, Livestock Forage--* Disaster Program, NAP, SURE, and TAP. B Accepting Acreage Reports The following describes the steps to take when accepting an acreage report. Step Action 1 Enter crops and acreage data on FSA-578 provided by an individual or entity identified in subparagraph 16 D. 2 Review the data with the person reporting to ensure that: • all applicable crops, types, and intended uses are included • the farm is in compliance, if applicable. 3 Perform any measurement service that was requested. 4 Provide a copy of FSA-578 and aerial or digital photocopy. 5 Perform inspections and apply tolerance rules, when applicable. 6 Send operator FSA-468 or FSA-409, as applicable. 7 Process redetermination requests. 8 COC makes determinations according to Part 3, Section 4. 9 Process payment reduction reports and notification letters, if applicable. Note: A manual FSA-578 may be accepted only when the automated FSA-578 is not available. All manual FSA-578’s must be loaded in the automated FSA-578 once the system becomes available. 3-24-16 2-CP (Rev. 15) Amend. 95 Page 2-1 Par. 16 16 Required Acreage Reports A Importance of Accurate and Timely Reporting Filing an accurate and timely acreage report for all crops and land uses, including failed *--acreage and prevented planted acreage, can prevent loss of benefits for programs listed in the following table. FSA-578 certification must be filed for the farm by the applicable final reporting date in Exhibit 6. For producers reporting NAP crops, see 1-NAP, paragraphs 375 and 376 for additional acreage reporting requirements. Acreage reports and requests for disaster credit for: • prevented planted acreage and credit must be submitted no later than 15 calendar days--* after the final planting date for the applicable crop Notes: Beginning in 2007, the final planting date for each crop is based on final planting dates established by RMA for insurable crops and NCT planting dates for noninsurable crops. If no date is established by RMA, COC may establish final planting dates for insurable and non-insurable crops in a county with approval from STC. When establishing final planting dates COC shall take into consideration the applicable dates established for surrounding counties. •*--failed acreage and credit must be sought before: • the crop acreage is destroyed • disposition of the crop. Benefit Acreage Reporting Requirement Reason for Requirement MAL’s and All cropland on the farm on which • Authorized by the Agricultural LDP’s the crop pledged as loan collateral or Act of 2014, Section 1118(c). LDP was produced. MAL’s and LDP’s are in subtitle (b).--* • Needed to determine reasonableness of claimed production. * * * * * * * * * CRP annual CRP acreage according to CRP-1 Needed to determine that the rental payment Appendix. producer has maintained CRP acreage. NAP Crop acreage for which NAP benefits Needed to established eligibility of may be requested. the crop and producer for NAP benefits. 6-17-15 2-CP (Rev. 15) Amend. 91 Page 2-2 Par. 16 16 Required Acreage Reports (Continued) B Informing Producers Producers of crops for which FSA-578 must be filed should be informed of the following: • responsibilities regarding HELC and WC provisions • availability and advantages of measurement services • loss of program benefits for noncompliance • requirements for filing an accurate crop and acreage report, including the following: *--the requirement for reporting all cropland on the farm for ARC/PLC, marketing--* assistance loans, and LDP benefits • the importance of correctly reporting crop acreage • crops that should be reported • final crop reporting dates. C Methods of Notification County Offices shall notify all producers of acreage reporting requirements by any means of communication, including the following: • news releases • newsletters • radio and television • meetings. D Who Can Certify County Offices shall accept signed and dated FSA-578 certification from 1 of the following: • farm operator • farm owner • person authorized by power of attorney • tenants and share-croppers, but only for crop acreage for which the person has a share. However, all cropland on the farm must be certified for applicable programs. Exception: For CRP, County Offices shall accept signed and dated FSA-578 from 1 of the following according to 2-CRP: • owner on CRP-1 • operator on CRP-1 • person authorized by power of attorney. 3-24-16 2-CP (Rev. 15) Amend. 95 Page 2-3 Par. 17 17 Other Acreage Reports A Accepting Other Acreage Reports Producers are not required to report crop acreages, other than those in subparagraph 16 A. However, County Offices shall accept FSA-578’s from all producers who wish to report their crop acreages for any purpose. B BWEP BWEP, which is administered by APHIS, has used cotton acreage reports that were provided by producers to local FSA offices since the first trial program in 1978. To continue providing this service, County Offices that are in States designated for participation in BWEP shall continue accepting acreage reports for BWEP purposes. * * * 5-9-05 2-CP (Rev. 15) Amend. 41 Page 2-4 (through 2-8) Par. 19 19 Assisting Persons in Reporting Acreage A Before FSA-578 Is Filed County Offices shall advise persons identified in subparagraph 16 D of the following before FSA-578 is filed: • an accurate and timely report is required *--farms participating in ARC/PLC and those requesting LDP’s and marketing assistance--* loans are required to report all cropland on the farm to be eligible for benefits • photography, official acreages, and past records are available to help in reporting acreage • measurement services are available and recommended if there is any doubt about the accuracy of any data being reported • if a discrepancy arises between previously reported crop acreage and crop acreage being reported. Note: The person reporting crop acreage shall be notified if the person’s report is in conflict with previously reported crop acreage. The person shall be advised that FSA will accept the report; however, all acreage reports are subject to spot check. Determined acreage will be compared against the most recent report given for the acreage regardless of whether previously filed reports that were later revised are more accurate. No acreage report revisions are permitted after crop acreage is spot-checked. County Offices shall not, in any way, advise any person on the quantity of acreage that should be reported. 3-24-16 2-CP (Rev. 15) Amend. 95 Page 2-11 Par. 19 19 Assisting Persons in Reporting Acreage (Continued) B Assisting Operators County Offices should take the following steps to assist a producer with filing FSA-578. Step Action 1 When possible, make an appointment to file FSA-578. 2 Require a report for all crops for which FSA-578 must be filed. Require a report *--for all cropland on each farm for which ARC/PLC, marketing assistance loans,--* and LDP benefits are being requested. Accept acreage reports for all other crops and farms. 3 Explain impact of HELC and WC provisions on farming operations. 4 • Use official acreages, where applicable. • Subtract deductions from all acreages. • Enter data on FSA-578. 5 Review each field on the farm, using photographs, photocopies, and slides or digital images, if available. 6 Use the following to determine whether certification is possible from visual inspection of official field acreages on the photograph. IF visual inspection is... THEN... possible accept FSA-578 and go to step 8. not possible go to step 7. 7 Suggest measurement service if the producer: • is uncertain about the acreage being reported • wants to guarantee that the farm acreage meets program requirements • wants to establish or correct an official acreage for an area that cannot be delineated from features that are visible on the photograph.