Land subject to an election in subpart G will continue to be subject to the election even if there is a transfer of land or change in interest of any producer or owners on the farm. If a new owner or operator or producer purchases or obtains the right and interest in, or right to occupancy of, the land subject to an election option, such new owner or operator or producer, upon the approval of FSA, may enroll and participate under a new contract with FSA with respect to such transferred land in accordance with § 1412.41.
A succession in interest to an ARC or PLC program contract is required if there has been a change in the operation of a farm such as:
A sale of land;
A change of operator or producer, including a change in a partnership that increases or decreases the number or changes who are partners;
A foreclosure, bankruptcy, or involuntary loss of the farm;
A change in the producer shares to reflect changes in the producer's share of the crop(s) that were originally approved on the contract; or
Another change as otherwise determined by the Deputy Administrator by which the succession will not adversely affect nor defeat the purpose of the program.
A succession in interest to an ARC program contract is not permitted if FSA determines that the change:
Is not for all the time remaining under the ARC or PLC program contract;
Results in a violation of the landlord-tenant provisions specified in § 1412.55; or
Adversely affects or otherwise defeats the purpose of the program.
If a producer who is entitled to receive ARC or PLC payments dies, becomes incompetent, or is otherwise unable to receive the payment, CCC will make the payment in accordance with part 707 of this title.
A producer or owner of an enrolled farm must inform the county committee of changes in interest in base acres on the farm not later than:
August 1 of the fiscal year in which the change occurs if the change requires a reconstitution be completed in accordance with part 718 of this title or
September 30 of the fiscal year in which the change occurs if the change does not require a reconstitution be completed in accordance with part 718 of this title.
In any case in which either an ARC or PLC payment has previously been made to a predecessor, such payment will not be paid to the successor, unless such payment has been refunded in full by the predecessor, in accordance with § 1412.41(d).
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