1437.4—Eligibility.

(a) Noninsured crop disaster assistance is available for loss of production or prevented planting of eligible commercial crops or other agricultural commodities:
(1) Planted during the planting period, which means the time during which a majority of the crop is normally planted in the area, as determined by CCC, and is considered timely-planted for NAP purposes;
(2) Prevented from being planted during the planting period;
(3) Planted during the late planting period, which means the time after the planting period, during which certain crops, as determined by CCC, may be planted and remain eligible for reduced NAP coverage; and
(4) Determined by CCC to be eligible crops:
(i) For which catastrophic coverage is not available; or
(ii) For specific perils not included under available catastrophic coverage.
(b) When other conditions are met, NAP may be available for an eligible loss of:
(1) Any commercial crop grown for food, excluding livestock and their by-products;
(2) Any commercial crop planted and grown for livestock consumption, including but not limited to grain and forage crops; except for the 2001 and preceding crop years assistance for forage produced on Federal- and State-owned lands is available only for seeded forage.
(3) Any commercial crop grown for fiber, excluding trees grown for wood, paper, or pulp products; and
(4) Any commercial production of:
(i) Aquacultural species (including ornamental fish);
(ii) Floricultural crops;
(iii) Ornamental nursery plants;
(iv) Christmas tree crops;
(v) Turfgrass sod;
(vi) Industrial crops;
(vii) Seed crops, including propagation stock such as non-ornamental seedlings, sets, cuttings, rootstock, and others, as determined by CCC; and
(viii) Sea grass and sea oats.

Code of Federal Regulations

[67 FR 12448, Mar. 19, 2002, as amended at 67 FR 62324, Oct. 7, 2002; 71 FR 13742, Mar. 17, 2006]