B-164268, MAY 28, 1968

B-164268: May 28, 1968

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YOU STATE THAT YOU DIVERTED 25 ACRES OF FEED GRAIN UNDER THE AGRICULTURAL STABILIZATION AND CONSERVATION PROGRAM BUT THAT THE DEPARTMENT OF AGRICULTURE HAS DENIED YOUR CLAIM FOR FINAL PAYMENT AND IS DEMANDING REFUND OF THE ADVANCE PAYMENT THAT WAS MADE TO YOU IN THE SPRING OF 1967. THE RECORD DISCLOSES THAT THE GRANT ASC COUNTY COMMITTEE FOUND YOU WERE NOT IN COMPLIANCE WITH THE FEED GRAIN PROGRAM REGULATIONS AND. THE FEED GRAIN ACREAGE DIVERSION AND CONSERVATION PROGRAM IS AUTHORIZED BY SECTION 16 (I) OF THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT. CONCERNING YOUR ENTITLEMENT TO THE PAYMENTS IN QUESTION WAS NOT MADE IN CONFORMITY WITH APPLICABLE REGULATIONS. THE DEPUTY ADMINISTRATOR'S DETERMINATION IS FINAL AND CONCLUSIVE AND NOT SUBJECT TO REVIEW BY OUR OFFICE.

B-164268, MAY 28, 1968

TO MR. HERMAN M. COOLEY:

YOUR LETTER OF APRIL 22, 1968, AND ENCLOSURES, CONCERN THE FORFEITURE OF PAYMENTS UNDER THE 1967 FEED GRAIN PROGRAM BECAUSE OF THE UNAUTHORIZED HARVESTING OF 10.3 ACRES OF ALFALFA ON THE DIVERTED ACRES.

YOU STATE THAT YOU DIVERTED 25 ACRES OF FEED GRAIN UNDER THE AGRICULTURAL STABILIZATION AND CONSERVATION PROGRAM BUT THAT THE DEPARTMENT OF AGRICULTURE HAS DENIED YOUR CLAIM FOR FINAL PAYMENT AND IS DEMANDING REFUND OF THE ADVANCE PAYMENT THAT WAS MADE TO YOU IN THE SPRING OF 1967. YOU REQUEST, IN EFFECT, THAT WE OVERRULE THE DEPARTMENT OF AGRICULTURE AND RENDER A DECISION IN YOUR FAVOR.

THE RECORD DISCLOSES THAT THE GRANT ASC COUNTY COMMITTEE FOUND YOU WERE NOT IN COMPLIANCE WITH THE FEED GRAIN PROGRAM REGULATIONS AND, HENCE NOT ENTITLED TO THE PAYMENTS INVOLVED. ON APPEAL THE WASHINGTON ASC STATE COMMITTEE CONCURRED WITH THE COUNTY COMMITTEE AND DENIED YOU RELIEF. SUBSEQUENTLY YOU APPEALED TO THE DEPUTY ADMINISTRATOR, STATE AND COUNTY OPERATIONS, AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE, WASHINGTON, D.C., AND HE CONCURRED WITH THE STATE COMMITTEE'S DETERMINATION IN THE MATTER.

THE FEED GRAIN ACREAGE DIVERSION AND CONSERVATION PROGRAM IS AUTHORIZED BY SECTION 16 (I) OF THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT, AS AMENDED, 16 U.S.C. 590P (I). SECTION 385 OF THE AGRICULTURAL ADJUSTMENT ACT OF 1938, AS AMENDED, 7 U.S.C. 1385, PROVIDES, IN PERTINENT PART, THAT:

"THE FACTS CONSTITUTING THE BASIS FOR ANY PAYMENT UNDER THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT, AS AMENDED, PARITY PAYMENT, PAYMENT UNDER SECTION 1339 OF THIS TITLE, LOAN, OR PRICE SUPPORT OPERATION, OR THE AMOUNT THEREOF, WHEN OFFICIALLY DETERMINED IN CONFORMITY WITH THE APPLICABLE REGULATIONS PRESCRIBED BY THE SECRETARY OR BY THE COMMODITY CORPORATION, SHALL BE FINAL AND CONCLUSIVE AND SHALL NOT BE REVIEWABLE BY ANY OTHER AGENCY OR OFFICER OF THE GOVERNMENT. * * *"

WE FIND NOTHING IN THE RECORD BEFORE US TO INDICATE THAT THE DETERMINATION OF THE DEPUTY ADMINISTRATOR, AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE, CONCERNING YOUR ENTITLEMENT TO THE PAYMENTS IN QUESTION WAS NOT MADE IN CONFORMITY WITH APPLICABLE REGULATIONS. ACCORDINGLY, THE DEPUTY ADMINISTRATOR'S DETERMINATION IS FINAL AND CONCLUSIVE AND NOT SUBJECT TO REVIEW BY OUR OFFICE. THEREFORE, WE WOULD HAVE NO AUTHORITY TO ALLOW YOUR CLAIM.