[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1439.505]

[Page 532]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1439--EMERGENCY LIVESTOCK ASSISTANCE--Table of Contents
 
                 Subpart F--2000 Flood Compensation Act
 
Sec. 1439.505  County committee determinations of general applicability.

    (a) FSA county committees shall determine whether that county was 
determined eligible under the 1998 FCP, and whether the land has been 
unusable from October 1, 1999 through September 30, 2000 due to 
continuing flooding. In making this determination, the FSA county 
committee shall use what it considers to be the best information 
available including but not limited to: Cooperative State Research, 
Education, and Extension Service; Natural Resources Conservation 
Service; aerial photography; rainfall data; and general knowledge of 
losses due to flooding.
    (b) With respect to each eligible county, the FSA county committee 
for that county shall establish a separate payment rate for crop-land 
and pasture-land. These rates shall be reviewed by the FSA state 
committee and shall be equal to the average rental rate for the years 
1996 through 2000 for all such land of each type in the county. Where 
these rates cannot be set in the manner provided for in paragraph (c) of 
this section, the FSA state committee may take into account rates 
established for the Conservation Reserve Program operated under 7 CFR 
part 1410 and ensure, subject to paragraph (c) of this section, that the 
rates are comparable. The Deputy Administrator shall review and may 
adjust the rates for reasonableness and consistency.
    (c) Except as provided by the Deputy Administrator, rental rates 
shall be equal to the applicable county average for the kind of land 
involved using established NASS data in all locations where NASS has 
established rental rates on a county-by-county basis for 2000.