Agricultural Act of Eligibility Overview
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1 Agricultural Act of 2014 Eligibility Overview 1
2 Compliance Late-Filed/Revised Acreage Reports for Base Acre Reallocation - the operator or owner(s) may submit: - late-filed acreage reports of P&CP or subsequently planted crop acreage for crop years 2009 through late-filed prevented planting requests providing the prevented planting request was not previously processed and acted on by FSA - Note: Late-filed fees will be waived. 2
3 Compliance FAV Payment Reductions An acre-for-acre payment reduction will be assessed if an FAV is planted on payment acres Payment Acres Payment acres for ARC-CO and PLC 85% Payment acres for ARC-IC 65% 3
4 Compliance ARC/PLC Acreage Maintenance Producers must protect ALL land on the farm enrolled in ARC/PLC from noxious weeds and erosion. 4
5 Payment Eligibility/Payment Limitation AGI limitation - $900,000 total farm/nonfarm Applicable to commodity and conservation programs Applies to - persons or legal entities Based on - the 3 taxable years preceding the most immediately preceding complete taxable year for which program payments are requested Acceptable certification is via CCC-941 or CPA/attorney statement 5
6 Payment Eligibility/Payment Limitation New payment limits $125,000 combined for PLC, ARC, LDP s, and MLG s $125,000 combined for LIP, LFP, ELAP, and TAP $125,000 NAP $50,000 CRP 6
7 Compliance with Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) provisions adopted under the 1985 Farm Bill continue with the 2014 Farm Bill. Conservation compliance is tied to crop insurance; however, if in violation only the premium subsidy is impacted. 7
8 Form AD-1026 and AD-1026 Appendix, dated June 30, 2014, have replaced the previous versions of each There, however, is no requirement for producers to file a revised form providing a valid AD-1026 is on file Producers that have crop insurance but never previously were subject to HELC/WC provisions must check Block 3 A in Part B 8
9 For crop insurance purposes, a producer must: for all highly erodible fields, be in compliance with a conservation plan not plant or produce an ag commodity on a wetland converted after February 7, 2014 not have converted a wetland for the purpose, or to have the effect, of making the production of an ag commodity possible on such converted wetland after February 7,
10 If a crop insurance participant has never been subject to conservation compliance before: must file an AD-1026 by June 1, 2015 (for 2016 reinsurance year) have 5 reinsurance years to develop and comply with an approved conservation plan on any HEL on which an agricultural commodity is produced have 2 reinsurance years after final determination to remedy or mitigate any wetland conservation violation 10
11 Timing of ineligibility for crop insurance participants: ineligibility for premium subsidy will only apply to reinsurance years after the date of a final determination of a violation, including all administrative appeals ineligibility for premium subsidy will not apply to the existing reinsurance year or any reinsurance year prior to the date of final determination 11
12 Extent of ineligibility for premium subsidies: unless tenant relief provisions apply, a violation of HELC or WC provisions will result in ineligibility for all premium subsidies 12
13 Affiliated Persons ineligibility of a participating producer results in ineligibility of any affiliated person to that producer ineligibility of an affiliated person, even if a nonparticipant, to a participating producer will result in ineligibility for the participating producer these provisions also apply to premium subsidy eligibility 13
14 Affiliated persons for an individual: spouse minor children joint operations (i.e. - general partnerships) entities, such as estates, trusts, LP, LLC, in which the individual/spouse/minor child has an interest corporations in which the individual/spouse/minor child has more than a 20 percent interest 14
15 Affiliated persons for an entity, such as estate trust, LP, LLC, and general partnership: first level members Affiliated persons for a corporation: first level members with more than a 20 percent interest in the corporation 15
16 Questions? Bryan Olschlager ND FSA Program Director FSA 2014 Farm Bill Training 2014 Farm Bill - ARCPLC - Overview / Timelines 16
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