[Federal Register Volume 63, Number 228 (Friday, November 27, 1998)]
[Rules and Regulations]
[Pages 65524-65529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31655]


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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:

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

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]
BILLING CODE 3410-05-P