§ 1413.104 Eligibility.

(a) To be considered eligible for DWQP payments, the person or entity must have a share in the treated wheat crop on those acres planted to durum wheat on which an eligible fungicide was applied, as certified on the application, have incurred the cost of acquiring and applying eligible fungicide, and meet the requirements in paragraph (b) of this section. (b) To be eligible for benefits, a person or entity must be a: (1) Citizen of the United States; (2) “Lawful alien” as defined in § 1400.3 of this chapter; (3) Partnership of citizens of the United States; or (4) Corporation, limited liability corporation, or other farm organizational structure organized under State law. (c) A minor child is eligible to apply for DWQP payments if all the eligibility requirements of this subpart are met and the requirements in part 1400 of this chapter that apply to minor children are met. (d) A person or entity determined to be a foreign person under part 1400 of this title is not eligible to receive benefits under this subpart, unless that person provides land, capital, and a substantial amount of active personal labor in the production of crops on such farm. (e) State and local governments and their political subdivisions and related agencies are not eligible for DWQP payments. (f) To be considered an eligible fungicide under this subpart, the fungicide must be: (1) Registered with the U.S. Environmental Protection Agency, as required under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), unless exempt from FIFRA requirements; (2) In compliance with State pesticide regulations, if applicable, in the State in which benefits are being requested; and (3) Applied specifically to control Fusarium head blight on acres certified as planted by the producer to durum wheat for the applicable crop year. (g) CCC will provide program benefits to reimburse eligible costs for a maximum of one fungicide treatment, including application cost, during the flowering stage, to a crop of durum wheat per crop year. Multiple or additional fungicide treatments, beyond a single treatment, to the same crop of wheat are not eligible for benefits.