Farm Service Agency, USDA § 760.906

400 pounds or more at the time they and must not otherwise be precluded died. from receiving benefits under any law. Non-adult buffalo or beefalo means an (e) An individual or entity deter- animal of those breeds that does not mined to be a foreign person under part meet the definition of adult buffalo/ 1400 of this title is not eligible to re- beefalo cow or bull. Non-adult buffalo ceive benefits under this subpart. or beefalo are further delineated by weight categories of less than 400 § 760.905 Eligible owners and contract pounds, and 400 pounds or more at the growers. time of death. (a) To be considered eligible, a live- Non-adult dairy cattle means a bovine stock owner must have had legal own- livestock, of a breed used for the pur- ership of the eligible livestock, as pro- pose of providing milk for human con- vided in § 760.906(a), on the day the live- sumption, that do not meet the defini- stock died. tion of adult dairy cow or bull. Non- (b) To be considered eligible, a con- adult dairy cattle are further delin- eated by weight categories of less than tract grower on the day the livestock 400 pounds, and 400 pounds or more at died must have had: the time they died. (1) A written agreement with the Poultry means domesticated chick- owner of eligible livestock setting the ens, turkeys, ducks, and geese. Poultry specific terms, conditions, and obliga- are further delineated by sex, age, and tions of the parties involved regarding purpose of production as determined by the production of livestock; and FSA. (2) Control of the eligible livestock, Ram means a male sheep. as provided in § 760.906(b), on the day Sheep means a domesticated, rumi- the livestock died. nant mammal of the genus Ovis. Sheep are further defined by sex (rams and § 760.906 Eligible livestock. ewes) and age (lambs). (a) To be considered eligible live- Swine means a domesticated omnivo- stock for livestock owners, livestock rous pig, hog, and boar. Swine are fur- must be adult or non-adult dairy cat- ther delineated by sex and weight as tle, beef cattle, buffalo, beefalo, cat- determined by FSA. fish, crawfish, equine, sheep, goats, swine, poultry, deer, or reindeer and § 760.904 Limitations on payments and meet all the conditions in paragraph other benefits. (c) of this section. (a) A participant may receive bene- (b) To be considered eligible live- fits for livestock losses for only one of stock for contract growers, livestock the 2005, 2006, or 2007 calendar years as must be poultry or swine as defined in specified under this part. § 760.903 and meet all the conditions in (b) A ‘‘person’’ as determined under paragraph (c) of this section. part 1400 of this title may receive no (c) To be considered eligible, live- more than $80,000 under this subpart. In stock must meet all of the following applying the $80,000 per person pay- conditions: ment limitation, regardless of whether (1) Died in an eligible county as a di- 2005, 2006, or 2007 calendar year benefits are at issue or sought, the most re- rect result of an eligible disaster event; strictive ‘‘person’’ determination for (i) After January 1, 2005, but before the participant in the years 2005, 2006, February 28, 2007; and 2007, will be used to limit benefits. (ii) No later than 60 calendar days (c) The provisions of part 1400, sub- from the ending date of the applicable part G, of this title relating to limits disaster period, but before February 28, to payments for individuals or entities 2007; and with certain levels of adjusted gross in- (iii) In the calendar year for which come apply to this program. benefits are being requested. (d) As a condition to receive benefits (2) The disaster event that caused the under this subpart, a participant must loss must be the same event for which have been in compliance with the pro- a natural disaster was declared or des- visions of parts 12 and 718 of this title ignated.

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(3) Been maintained for commercial (7) Swine, sows, boars, barrows, gilts; use as part of a farming operation on and the day they died; and (8) Turkeys, toms, fryers, and roast- (4) Before dying, not have been pro- ers. duced or maintained for reasons other than commercial use as part of a farm- § 760.907 Application process. ing operation, including, but not lim- (a) To apply for 2005–2007 LIP, submit ited to, wild free roaming animals or a completed application to the admin- animals used for recreational purposes, istrative county FSA office that main- such as pleasure, hunting, roping, pets, tains the farm records for your agricul- or for show. tural operation, a copy of your grower (d) In those counties in § 760.902, the contract, if you are a contract grower, following types of animals owned by a and other supporting documents re- livestock owner are eligible livestock: quired for determining your eligibility (1) Adult beef bulls; as an applicant. Supporting documents (2) Adult beef cows; must show: (3) Adult buffalo or beefalo bulls; (1) Evidence of loss, (4) Adult buffalo or beefalo cows; (2) Current physical location of live- (5) Adult dairy bulls; stock in inventory, and (6) Adult dairy cows; (3) Physical location of claimed live- (7) Catfish; stock at the time of death. (8) Chickens, broilers, pullets; (b) The application must be filed dur- (9) Chickens, chicks; ing the application period announced (10) Chickens, layers, roasters; by the Deputy Administrator. (11) Crawfish; (c) A minor child is eligible to apply (12) Deer; for program benefits if all eligibility (13) Ducks; requirements are met and one of the (14) Ducks, ducklings; following conditions exists: (15) Equine; (1) The right of majority has been (16) Geese, goose; conferred upon the minor by court pro- (17) Geese, gosling; ceedings or statute; (18) Goats, bucks; (2) A guardian has been appointed to (19) Goats, does; manage the minor’s property, and the (20) Goats, kids; applicable program documents are exe- (21) Non-adult beef cattle; cuted by the guardian; or (22) Non-adult buffalo/beefalo; (3) A bond is furnished under which a (23) Non-adult dairy cattle; surety guarantees any loss incurred for (24) Reindeer which the minor would be liable had (25) Sheep, ewes; the minor been an adult. (26) Sheep, lambs; (d) The participant must provide ade- (27) Sheep, rams; quate proof that the death of the eligi- (28) Swine, feeder pigs under 50 ble livestock occurred in an eligible pounds; county as a direct result of an eligible (29) Swine, sows, boars, barrows, gilts disaster event during the applicable 50 to 150 pounds; disaster period. The quantity and kind (30) Swine, sows, boars, barrows, gilts of livestock that died as a direct result over 150 pounds; of the eligible disaster event may be (31) Turkeys, poults; and documented by: purchase records; vet- (32) Turkeys, toms, fryers, and roast- erinarian records; bank or other loan ers. papers; rendering truck receipts; Fed- (e) In those counties in § 760.902, the eral Emergency Management Agency following types of animals are eligible records; National Guard records; writ- livestock for contract growers: ten contracts; production records; In- (1) Chickens, broilers, pullets; ternal Revenue Service records; prop- (2) Chickens, layers, roasters; erty tax records; private insurance doc- (3) Geese, goose; uments; and other similar verifiable (4) Swine, boars, sows; documents as determined by FSA. (5) Swine, feeder pigs; (e) Certification of livestock deaths (6) Swine, lightweight barrows, gilts; by third parties may be accepted only

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