718.201—Farm constitution.
(a)
In order to implement agency programs and monitor farmer compliance with regulations, the agency must have records on what land is being farmed by a particular producer. This is accomplished by a determination of what land or groups of land ‘constitute’ an individual unit or farm. Land, which has been properly constituted under prior regulations, shall remain so constituted until a reconstitution is required under paragraph (c) of this section. The constitution and identification of land as a farm for the first time and the subsequent reconstitution of a farm made hereafter, shall include all land operated by an individual entity or joint operation as a single farming unit except that it shall not include:
(1)
Land under separate ownership unless the owners agree in writing and the labor, equipment, accounting system, and management are operated in common by the operator but separate from other tracts;
(3)
Land in different counties when the tobacco allotments or quotas established for the land involved cannot be transferred from one county to another county by lease, sale, or owner. However, this paragraph shall not apply if:
(B)
The county committee determines that the tracts will be operated as a single farming unit as set forth in § 718.202; or
(iii)
Because of a change in operation, tracts or parts of tracts will be divided from the parent farm that currently has land in more than one county, and there is no change in operation and ownership of the remainder of the farm, or if there is a change in ownership, the new owner agrees in writing to the constitution of the farm.
(5)
State-owned wildlife lands unless the former owner has possession of the land under a leasing agreement; and
(6)
Land constituting a farm which is declared ineligible to be enrolled in a program under the regulations governing the program; and
(7)
For acreage base crops, land located in counties that are not contiguous. However, this paragraph shall not apply if:
(b)
(1)
If all land on the farm is physically located in one county, the farm shall be administratively located in such county. If there is no FSA office in the county or the county offices have been consolidated, the farm shall be administratively located in the contiguous county most convenient for the farm operator.
(2)
If the land on the farm is located in more than one county, the farm shall be administratively located in either of such counties as the county committees and the farm operator agree. If no agreement can be reached, the farm shall be administratively located in the county where the principal dwelling is situated, or where the major portion of the farm is located if there is no dwelling.
(1)
A change has occurred in the operation of the land after the last constitution or reconstitution and as a result of such change the farm does not meet the conditions for constitution of a farm as set forth in paragraph (a) of this section except that no reconstitution shall be made if the county committee determines that the primary purpose of the change in operation is to establish eligibility to transfer allotments subject to sale or lease, or increase amount of program benefits received;
(3)
An owner requests in writing that the land no longer be included in a farm composed of tracts under separate ownership;
(4)
The county committee determines that the farm was reconstituted on the basis of false information;
(5)
The county committee determines that tracts included in a farm are not being operated as a single farming unit.
(d)
Reconstitution shall not be approved if the county committee determines that the primary purpose of the reconstitution is to: