Frederick J. and Ruth Wuebker - Page 5

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          share the cost with petitioner of establishing the conservation             
          plan.                                                                       
               According to the terms of the CRP contract, the                        
          representatives of the CCC had the right of access to the CRP               
          land and the right to examine petitioner's records or other lands           
          for the purpose of determining whether petitioner was complying             
          with the terms and conditions of the CRP contract.  Finally, the            
          CRP contract incorporated the regulations in 7 C.F.R. sec. 1410             
          (1997) for the CRP and stated that in the event of conflict, the            
          regulations would prevail.                                                  
               The CRP program was administered by the CCC and the                    
          Agricultural Stabilization Conservation Service during the years            
          in issue.                                                                   
               In 1992, the first year of the CRP contract term, petitioner           
          disked the CRP land and planted seed to establish ground cover.             
          In doing so, petitioner used the same equipment he had used                 
          previously in farming the CRP land.  In subsequent years,                   
          petitioner performed minimal, if any, upkeep on the CRP land.               
               During the years in issue, petitioner worked a farm, under a           
          sharecrop arrangement, on a separate piece of land north of                 
          petitioners' farm, and he continued to raise laying hens on their           
          farmland contiguous with the CRP land.  Petitioner did not grow             
          any crops on petitioners’ farmland during the years in issue.  In           







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