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cropland did not acquire
such cropland for the
purpose of placing it in
the CRP.
In order for a producer3 to qualify for payments under the
CRP, an annual determination is made by the local ASCS regarding
whether the producer is actively engaged in farming. For this
purpose, petitioners submitted, on an annual basis, a Form CCC-
502A, Farm Operating Plan For Payment Eligibility Review For An
Individual (Farm Operating Plan form or form), to the Cascade
County ASCS Office4 outlining their implementation of the
conservation plan. The Farm Operating Plan form provides that
the information collected will be “used in applying statutory
payment eligibility and limitation provisions.” The form defines
“Active Personal Labor” as follows:
1. ACTIVE PERSONAL LABOR - is personally providing
physical activities necessary in a farming
operation, including activities involved in land
preparation, planting, cultivating, harvesting,
and marketing of agricultural commodities in the
farming operation. Other physical activities
include those physical activities required to
establish and maintain conserving cover crops or
conserving use acreages and those physical
activities necessary in livestock operations.
3 A producer is defined as a person who as owner, landlord,
tenant, or sharecropper would have shared in the risk of
producing the crop on the land to be placed in the CRP (or shares
in the proceeds therefrom).
4 At some point in the 1990's, the Cascade County
Agricultural Stabilization and Conservation Service became known
as the Cascade County Farm Service Agency.
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Last modified: May 25, 2011