Earl M. Hasbrouck and Donna M. Hasbrouck - Page 6

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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