§ 760.1505 - General provisions.

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For loss calculations, the participant's unit structure will be:

For an insured crop, the participant's existing unit structure established in accordance with part 457 of this title;

For a crop with NAP coverage, the participant's existing unit structure established in accordance with part 1437 of this title;

For an uninsured crop, the participant's unit structure established in accordance with part 1437 of this title.

FSA county committees will make the necessary adjustments to assign production or reduce the 2017 WHIP yield when the county committee determines:

An acceptable appraisal or record of harvested production does not exist;

The loss is due to an ineligible cause of loss;

The loss is due to practices, soil type, climate, or other environmental factors that cause lower yields than those upon which the historic yield is based;

The participant has a contract providing a guaranteed payment for all or a portion of the crop; or

The crop was planted beyond the normal planting period for the crop.

Assignment of production or reduction in yield will apply for practices that result in lower yields than those for which the historic yield is based.

Eligibility and payments for 2017 WHIP will be determined based on a unit's:

Physical location county for insured crops; and

Administrative county for NAP covered crops and uninsured crops.

FSA may separate or combine types and varieties as a crop for 2017 WHIP eligibility and payment purposes when specific credible information as determined by FSA shows the crop of a specific type or variety has a significantly different or similar value, respectively, when compared to other types or varieties, as determined by the Deputy Administrator.

Unless otherwise specified, all the eligibility provisions of part 1437 of this title apply to value loss crops and tropical crops under this subpart.

The quantity or value of a crop will not be reduced for any quality consideration unless a zero value is established based on a total loss of quality.

FSA will use the best data available to calculate a 2017 WHIP payment at the time 2017 WHIP payments are calculated. If additional data or information is provided or becomes available after a 2017 WHIP payment is issued, FSA will recalculate the payment amount and the producer must return any overpayment amount to FSA. In all cases, 2017 WHIP payments can only issue based on the payment formula for losses that affirmatively occurred.