[Federal Register Volume 60, Number 195 (Tuesday, October 10, 1995)]
[Rules and Regulations]
[Pages 52609-52618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24915]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 60, No. 195 / Tuesday, October 10, 1995 /
Rules and Regulations
[[Page 52609]]
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Parts 1477 and 1478
RIN 0560-AE31
Disaster Payment Program for 1990 Through 1994
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Final rule.
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SUMMARY: This final rule amends the regulations for the 1990, 1991,
1992, and 1993, Disaster Payment Programs and adds the 1994 Disaster
Payment Program and the 1994 Tree Assistance Program (TAP) to implement
statutory requirements. Also, this amendment makes technical
corrections because of the consolidation of the Agricultural
Stabilization and Conservation Service, with personnel of the Federal
Crop Insurance Corporation, and the farm loan programs of the Farmers
Home Administration into the Consolidated Farm Service Agency (CFSA).
EFFECTIVE DATE: October 4, 1995.
FOR FURTHER INFORMATION CONTACT:
7 CFR part 1477 contact: Diane Sharp, Consolidated Farm Service Agency
(CFSA), United States Department of Agriculture (USDA), Room 3644-S,
P.O. Box 2415, Washington, DC 20013-2415, telephone: (202) 720-4696.
7 CFR part 1478 contact: Robert Stephenson, USDA, CFSA, Room 4714-
S, P.O. Box 2415, Washington, DC 20013-2415, telephone: (202) 720-5295.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be economically significant and
was viewed by the Office of Management and Budget (OMB) under Executive
Order 12866.
Final Regulatory Impact Analysis
Final Regulatory Impact Analysis have been prepared with respect to
the 1993 and 1994 disaster programs. Copies of the analyses are
available to the public from the Economic and Policy Analysis Staff,
CFSA-USDA, Room 3090, South Agriculture Building, 14th and
Independence, P.O. Box 2415, Washington, DC 20013-2415.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this final rule since the Commodity Credit Corporation
(CCC) is not required by 5 U.S.C. 553 or any other provision of the law
to publish a notice of proposed rulemaking with respect to the subject
matter of this rule. The final Regulatory Impact Analysis referred to
above determined, under the TAP, and damaging weather or related
conditions in 1993 and 1994 (as defined in section 2251 of Pub. L. 101-
624), this rule will have no significant economic impact on, a
substantial number of small entities because the regulatory burden on
the affected entities would remain the same regardless of the
determinations made by this action. Thus, CCC certifies that this
amendment will have no significant economic impact on a substantial
number of small entities.
Environmental Evaluation
An Environmental Evaluation with respect to the Disaster Payment
Program and TAP has been completed. It has been determined that this
action is not expected to have a significant impact on the quality of
the human environment. In addition, it has been determined that this
action will not adversely affect environmental factors such as wildlife
habitat, water quality, air quality, and land use and appearance.
Accordingly, neither an Environmental Assessment nor an Environmental
Impact Statement is needed.
Federal Assistance Program
The titles and numbers of the Federal assistance programs, as found
in the Catalog of Federal Domestic Assistance, to which this rule
applies are: Cotton Production Stabilization--10.052; Feed Grain
Production Stabilization--10.055; Wheat Production Stabilization--
10.058; and Rice Production Stabilization--10.065.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372 which requires intergovernmental consultation with State and
local officials. See the Notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Paperwork Reduction Act
The information collection requirements contained in this rule have
been approved by OMB under the Paperwork Reduction Act of 1980 and
assigned control numbers 0560-0050 and 0560-0082.
Executive Order 12778
This final rule has been reviewed in accordance with Executive
Order 12778. The provisions of this final rule preempt State law to the
extent that such laws are inconsistent with the provisions of this
rule. The provisions of this rule are retroactive. Before any judicial
action may be brought regarding the provisions of this final rule, the
administrative appeal remedies at 7 CFR part 780 or regulations
published by the National Appeals Division which ever is applicable
must be exhausted.
Background
This rule provides for payments to producers of 1993, 1994, and
1995 crops of papayas that would have been harvested if not destroyed
by Hurricanes Andrew or Iniki or Typhoon Omar, and the papaya plants
would not have produced fruit for a lifetime total of more than 3 crop
years based on normal practices. In addition, this rule provides
payment for losses of trees, shrubs, or nursery stock and inventory
being grown for commercial sale, if such stock or inventory would
normally have been sold in 1993, 1994, or 1995. The application must
have been made by April 13, 1994, and all production data must have
been submitted by May 27, 1994.
This final rule amends the Tree Assistance Program (TAP) and the
Disaster Assistance Program regulations for the 1990, 1991, 1992, 1993,
and 1994 crop years as authorized by the Food, Agriculture,
Conservation, and Trade Act of 1990 (1990 Act), the Dire Emergency
Supplemental Appropriations Act of 1992, Public Law 102-229, Public Law
102-368, Public Law 101-624, Public Law 103-50,
[[Page 52610]]
Public Law 103-75, Public Law 103-211, and Public Law 103-330.
The TAP and disaster regulations are being amended to: (1) Add new
provisions that relate to the application period for 1994 crop, which
began on December 1, 1994, (disaster), and November 21 (TAP), and
continued through March 31, 1995 or other such date as determined by
CCC; (2) allowed producers of papayas and producers of trees, shrubs,
or nursery stock and inventory that was being grown for commercial sale
to file their application by May 11, 1994, (3) and provide production
records by May 27, 1994; (4) provide payments for losses in 1994 for
aquaculture, excluding ornamental fish, (5) provide that producers of
target price commodities can be paid at the target price rather than
the loan rate for acreage that is produced in excess of the permitted
and is commonly referred to as flex acreage in accordance with 7 CFR
1413.43, (6) provide payments to producers of orchards if they had
losses to their orchards due to freezing conditions that occurred
between January 1, 1994, and March 31, 1994, and federal crop insurance
was not available for such losses; (7) provide for the manner in which
disbursement of the funds will be made; and (8) provide that all
related documentation must be provided to the county CFSA office no
later than July 15, 1995, for TAP assistance to eligible producers who
incurred losses in 1994 caused by damaging weather. Other provisions of
this final rule provide for: (1) Allowing county committees to reduce
yields for nonprogram crops; (2) determining producer shares for
disaster purposes; (3) specifying that owners of tobacco and peanut
farms must sign the disaster application; (4) specifying that sod,
sprigs, turf, trees, and shrubs must be dead before they are eligible
for a disaster program payment; (5) making the rules that were
applicable for the 1993 disaster program applicable for 1994, and (6)
making certain technical corrections.
The provisions of this final rule: (1) Include losses in 1993 of
nursery inventory of non-tree plants as well as tree and tree
seedlings, and seedlings grown from seedbeds, and losses in 1994 of
forest tree seedlings, orchard trees, and nursery inventory; (2) makes
technical changes to TAP to enhance the administration of the program;
and (3) sets forth the manner in which the application period for
disbursement of the funds made available by the Acts will be conducted.
In accordance with Public Law 101-624, Public Law 102-229, Public
Law 102-368, Public Law 103-211 and Public Law 103-311, TAP is required
to be offered for 1993 losses of nursery inventory, including non-tree
plants as well as tree seedlings and trees; and, 1994 losses of nursery
inventory, orchard trees planted to produce annual crops and all
commercial forest tree seedlings planted to produce timber, pulp or
Christmas trees that were lost due to damaging weather or related
conditions in 1993 or 1994.
Payments are provided for the amount of loss on each individual
stand that exceeds 35 percent of the stand, adjusted for normal
mortality. Payments provide 65 percent of the cost to replant or
rehabilitate that portion of the loss that exceeds this 35 percent plus
the normal mortality. Also, in accordance with the 1993 Act (Pub. L.
103-75) and Public Law 101-624, a 1993 TAP is authorized for orchard
trees, forest tree seedlings, and nursery inventory losses resulting
from damaging weather or related conditions (as defined in section 2251
of Public Law 101-624), in 1993.
List of Subjects
7 CFR Part 1477
Agriculture commodities, Disaster assistance, Fraud, Grant
programs/agriculture, Reporting and recordkeeping requirements.
7 CFR Part 1478
Disaster assistance, Grant programs/agriculture, Reporting and
recordkeeping requirements, Trees.
Accordingly, 7 CFR parts 1477 and 1478 are amended as set forth
below.
PART 1477--DISASTER PAYMENT PROGRAM FOR 1990 AND SUBSEQUENT YEARS
1. Authority: 15 U.S.C. 714b and 714c; 104 Stat. 3359, 105 Stat.
1701; 106 Stat. 117; 107 Stat. 241; 107 Stat. 739; 108 Stat. 3; 108
Stat. 2435; and 108 Stat. 3178.
2. Section 1477.1 is revised to read as follows:
Sec. 1477.1 General statement.
This part implements a Disaster Payment Program for the 1990
through 1994 crop years. The purpose of the program is to make disaster
payments available to eligible producers on a farm that has suffered a
loss of production or quality of 1990, 1991, or 1992 crops, not to
exceed 2 different crop years, and of 1993 and 1994 crops due to
damaging weather, to make payments for 1993, 1994, and 1995 crop losses
due to Hurricanes Andrew and Iniki and Typhoon Omar for nursery crops,
aquaculture, and tree crops including papaya, and make payments on 1993
losses of trees, shrubs, or nursery stock affected by disaster in 1993
that would have been sold in either 1993, 1994 or 1995, or related
condition affecting the crop year for the crop for which a disaster
application is made. This rule provides for 1994 crop losses from
natural disasters including acquaculture, except ornamental fish, and
provides payments to producers for 1995 through 1996 orchard crop
losses due to freezing if the loss occurred between January 1, 1994,
and March 31, 1994.
3. Section 1477.2 is revised to read as follows:
Sec. 1477.2 Administration.
(a) The program will be administered under the general supervision
of the Executive Vice President, CCC, and shall be carried out in the
field by State and county CFSA committees.
(b) State and county CFSA committees and representatives and
employees thereof do not have the authority to modify or waive any of
the provisions of this part as amended or supplemented.
(c) The State CFSA committee shall take any action required by this
part which has not been taken by a county CFSA committee. The State
CFSA committee shall also:
(1) Correct or require a county CFSA committee to correct, any
action taken by such county CFSA which is not in accordance with this
part; or
(2) Require a county CFSA committee to withhold taking any action
which is not in accordance with this part.
(d) CCC shall determine all yields and prices determined under this
part and may utilize any agency of the USDA in making such
determinations. To the extent practicable, CCC will use data provided
by the National Agricultural Statistical Service (NASS) and the CFSA.
Any reference in this part to NASS shall not restrict CCC from using
data from other sources.
(e) No delegation herein to a State or county CFSA committee shall
preclude the Executive Vice President, CCC, or a designee, from
determining any question arising under the program or from reversing or
modifying any determination made by a State or county Consolidated Farm
Service Agency committee.
4. Section 1477.3 is amended to add the following definitions
``CCC'', ``CFSA'', ``Contract Payments'', ``Crop signup period
(1994)'', ``Deputy Administrator'', ``Doublecropping'', ``Orchards'',
``Ornamental fish'' in alphabetical order; to revise the definitions
``Actual production'', ``Aquaculture'', ``Aquaculture facility'',
``Crop year'', ``Eligible crop'',
[[Page 52611]]
``Nonprogram crop''; to remove the definition of ``Double-cropped'' and
to amend the definition of ``Disaster payment yield'' by revising
paragraph (5) to read as follows:
Sec. 1477.3 Definitions.
* * * * *
Actual production means the quantity of the crop actually harvested
or which could have been harvested as determined by the county or State
CFSA committee in accordance with instructions issued by the Deputy
Administrator. In the case of sugarcane, the quantity of sugar produced
from such crop shall exclude acreage harvested for seed. For the crops
listed below, an appraisal will be required on any unharvested
production. If a producer has any harvested production of the crop, the
de minimis yield is not applicable. The appraisal must show that the
yield would be equal to or less than the de minimis yield for the de
minimis yield provision to apply. If an eligible producer has appraised
production equal to or less than the specified quantity for the
following commodities, such production shall be considered to be zero:
(1) Wheat--4 bushels per acre.
(2) Corn--9 bushels per acre.
(3) Grain Sorghum--6 bushels per acre.
(4) Barley--5 bushels per acre.
(5) Oats--7 bushels per acre.
(6) Upland cotton--66 pounds per acre.
(7) ELS cotton--33 pounds per acre.
(8) Rice--628 pounds per acre.
(9) Soybeans--2 bushels per acre.
(10) Sunflower, Oil--100 pounds per acre.
(11) Sunflower, Confectionery--100 pounds per acre.
(12) Safflower--50 pounds per acre.
(13) Flax--1 bushel per acre.
(14) Canola--50 pounds per acre.
(15) Rapeseed--50 pounds per acre.
(16) Mustard seed--50 pounds per acre.
Aquaculture means the propagation and rearing of aquatic species
from a commercial operation conducted on private land or in private
waters and in 1994 excludes ornamental fish.
Aquaculture facility for 1994 means a commercial operation
conducted on private land or in private waters.
CCC means the Commodity Credit Corporation.
CFSA means the Consolidated Farm Service Agency.
Contract payments means a guaranteed payment for production, as
opposed to delivery of a crop pursuant to a contract.
Crop signup period (1994) means the signup period ending March 31,
1995 (or other such date established by CCC), for assistance for
eligible producers who have incurred 1994 crop losses.
Crop year means the year harvest begins for the crop. However, for
valencia oranges harvested in 1991, 1992, 1993, and 1994, the crop
shall be considered to be a 1990, 1991, and 1993 crop respectively.
Deputy Administrator means the CFSA Deputy Administrator for Farm
Programs (Previously the Deputy Administrator, State and County
Operations (DASCO)).
Disaster payment yield means:
* * * * *
(5) For nonprogram crops (including honey per hive), the average of
the actual yields for the 3 years prior to the applicable disaster
year, in accordance with instructions issued by the CFSA, if eligible
producers are able to provide production evidence of actual crop yields
for any of the applicable years. If a producer is not able to provide
adequate production evidence for the 3 previous years, the county
committee shall use a yield that is equivalent to 65 percent of the
average county yield for the years without adequate records. The county
average yield shall be the average of the county average yields for the
5 years prior to the applicable disaster year, as determined by NASS,
excluding the year in which the yield was the highest and the year in
which the yield was the lowest. Crop yields for the 1994 Disaster
Assistance Program may be the same yield that was established for the
crop for 1993 unless the State committee finds a better source to
establish yields. In establishing county average yields for nonprogram
crops, the State committee shall use the best available information
concerning yields. Such information may include: NASS data, extension
service records, credible nongovernment studies, and yields for the
crop in similar counties. In the case of sod, sprigging turf, and trees
and shrubs, the crop must be dead to be eligible for a disaster
payment. For all nonprogram crops, the county committee may reduce the
yields set by the State committee for the county or an area of the
county, to what the county committee considers a normal yield if:
(i) Cultural practices, including the age of the planting or
plantings, are determined to be different from those that were used to
establish the yield; or
(ii) The yield was established on a State or area level and it is
determined that it was too high for the county or an area of the
county.
Doublecropping means the planting and harvesting of two or more
different crops on the same acreage during a crop year, as determined
by the county committee in accordance with instructions issued by the
Deputy Administrator.
Eligible crop for crop production losses means any of the 1990
through 1994 crops of wheat, feed grains, upland cotton, extra long
staple cotton, rice, peanuts, oilseeds, sugarcane, sugar beets,
tobacco, or nonprogram crops including ornamental crops, nursery crops,
and for 1990 through 1992, and for 1994, aquaculture production,
excluding ornamental fish for 1994.
Nonprogram crop means a crop including ornamentals such as
flowering shrubs, flowering trees, field or container grown roses, or
turf, and sweet potatoes produced on a farm for sale or exchange on a
commercial basis in a large enough quantity to have a substantial
impact on the producer's income, as determined by the county committee
in accordance with the instructions issued by the Agency, which is not
a crop of a target price commodity, quota or additional peanuts,
sugarcane, sugar beets, tobacco subject to marketing quotas, soybeans,
or sunflowers. For 1990 through 1992, and 1994 aquaculture production
is considered to be a nonprogram crop.
Orchards means an area of land devoted to the cultivation of fruit
trees and nut trees.
Ornamental fish for 1994 disaster purposes means any species of
fish not being grown for market as food or bait.
* * * * *
5. Section 1477.4 is amended by revising paragraph (c)(2),
redesignating paragraph (d) as paragraph (e), adding new paragraph (d),
and revising redesignated paragraph (e) to read as follows:
Sec. 1477.4 Availability of disaster payments.
* * * * *
(c) * * *
(2) Producers requesting 1993 through 1995 loss benefits in
accordance with Secs. 1477.22 and 1477.23.
(d) Eligible producers with a loss of production on a crop in
excess of 65 percent of expected production, and who are requesting
1994 crop loss benefits, or 1994 through 1996 losses on orchards, must
agree to obtain crop insurance, if available in the county, any time
during the disaster application period, as required under the Federal
Crop Insurance Act, as a condition of eligibility to receive such
disaster benefits. The requirement to purchase crop insurance for the
1995 crop year when there has been a loss in excess of 65 percent of
the 1994 crop or losses for 1994 through 1996 losses on orchards does
not supersede the requirement to
[[Page 52612]]
purchase crop insurance as set forth in 7 CFR part 402.
(e) The requirements of paragraphs (b) and (c) of this section are
waived if one of the following exists:
(1) Crop insurance is not available for the commodity for which a
disaster payment is requested;
(2) The amount of the producer's annual premium rate is greater
than 125 percent of the average premium rate on that commodity in the
county in which the producer is located;
(3) The amount of the premium is greater than 25 percent of the
amount of the disaster payment, deficiency forgiveness, or CFSA loans;
or
(4) The county committee determines, based on an appeal by the
producer, that the purchase of crop insurance would impose an undue
financial hardship on the producer.
6. Section 1477.5 is amended by revising paragraphs (a)
introductory text, (a)(1) through (a)(3), (b)(5), (c)(1), and (c)(2)
adding a new paragraph (c)(6); revising paragraph (f); redesignating
paragraph (g) as paragraph (h) and revising it; and adding new
paragraph (g) to read as follows:
Sec. 1477.5 Disaster benefits.
(a) Disaster payments for prevented planting, prevented harvest,
and law yield losses for eligible crops are authorized to be made to
producers who file an Application for Disaster Benefits (Form CCC-441)
in accordance with instructions issued by the Deputy Administrator if:
(1) The farm operator, or a producer with an interest in the crop,
submits an Application for Disaster Credit (Form ASCS-574) in
accordance with instructions issued by the Deputy Administrator;
(2) The farm operator, or a producer with an interest in the crop,
submits a report of production and disposition (Form ASCS-658) in
accordance with Sec. 1477.9;
(3) The farm operator, or a producer with an interest in the crop,
submits a Certification of Crop Insurance (Form CCC-440) in accordance
with Sec. 1477.9;
* * * * *
(b) * * *
(5) For purposes of determining the total quantity of 1990 through
1993 nonprogram crops and the total quantity of all 1994 crops that
producers on a farm are able to harvest, commodities which the county
committee determines cannot be sold in normal commercial channels of
trade are excluded.
* * * * *
(c) * * *
(1) The established target price for the applicable year's target
price commodities including acreage on farms enrolled in the applicable
year's acreage reduction program in accordance with 7 CFR 1413.49;
(2) The basic county loan rate for the applicable year's target
price commodities for producers on farms not enrolled in the applicable
year's acreage reduction program.
* * * * *
(6) The CFSA State committee may adjust downward the payment rate
established by the State committee for a crop by a factor established
by State committee using the following criteria:
(i) If a crop is produced with a significant and variable
harvesting expense, the factor will reflect the decreasing cost in the
production cycle of the crop that is:
(A) Harvested;
(B) Planted but not harvested; and
(C) Prevented from being planted because of drought, flood, or
other natural disaster.
(ii) [Reserved]
* * * * *
(f) Each eligible producer's share of a disaster payment shall be
based on the producer's share of the eligible crop loss. County
committees are authorized to establish a different division of the
disaster payment than stated above if they believe that the
circumstances warrant a different share.
(g) A producer who produces a crop under contract and receives a
guaranteed payment for production, as opposed to delivery of a crop
pursuant to a contract, shall have the production assigned to the crop
by the county committee equal to the amount of the contract payment
received. Such production amount shall be determined by dividing the
payment amount by the established basic rate for the crop.
(h) Crops and land use for which disaster benefits are not
applicable include:
(1) Crops not intended for harvest in the year for which disaster
benefits are requested.
(2) By-products resulting from processing or harvesting an eligible
crop, such as cotton seed, peanut hulls, and wheat or oat straw.
(3) Except for nursery crops, plants that produce an eligible crop,
such as strawberry plants and orange trees.
(4) Acreage intended for haying or grazing and designated as ACR or
CU for payment.
(5) Crops which the county committee has determined are not
eligible for acreage reduction program benefits as a result of failure
to comply with contract provisions.
(6) Crops planted as replacement crops on failed or prevented from
planted program crop acreage.
(7) Resource conserving use crops as ACR or CU for payment.
(8) Home gardens.
7. Section 1477.6 is revised to read as follows:
Sec. 1477.6 Establishment of different payment rates and yields for
the same nonprogram crop.
If any crop yield established for a county or other producing area
includes irrigated production, the State committee shall:
(a) establish a nonirrigated yield reflecting the expected yield
for the crop without irrigation. Such yield shall not exceed the NASS
yield. The State committee may set the nonirrigated yield to zero if no
production is expected without irrigation. A separate irrigated yield
shall not be established.
(b) (1) Producers of nonprogram crops, (except for soybeans, minor
oil seeds, sugar beets, sugarcane, quota and nonquota tobacco, peanuts
and hay) must provide actual production evidence and production costs
for the current year.
(2) Exceptions to paragraph (b)(1) of this section:
(i) If production evidence and production costs cannot be provided
for the current year, then 1 of the 3 previous years production and
production costs may be considered.
(ii) The payment yield shall be reduced to not less than 65 percent
of the established yield if just 1 of the 3 previous years evidence is
used.
(3) If production evidence or costs cannot be provided for the
current year or 1 of the 3 previous years, the payment yield shall be
reduced to zero, unless one of the following exceptions apply:
(i) If evidence is provided that a market was available for current
year production by providing one of the following:
(A) A contract for all expected production or all acres for which
disaster benefits are requested; or
(B) Some other acceptable evidence of a market such as a written
agreement with a grocer, retailer, wholesaler, or processor.
(ii) The county committee or Federal Crop Insurance Corporation
verifies physical evidence of the crops and determines the crop was
cared for in a workmanlike manner.
(4) If a producer meets either of the exceptions in paragraphs
(3)(i) and (3)(ii) of this section, the county committee has the
authority to reduce the yield to not less than 65 percent of the
established yield.
[[Page 52613]]
(5) The county committee may assign production based on similar
farms. The producer must file Form ASCS-574 within 15 calendar days of
the disaster occurrence. If no spot check was conducted, the county
committee must have personal knowledge of the disaster condition that
affected the crop.
8. Section 1477.7 is amended by revising paragraph (a),
redesignating paragraphs (b)(7) through (b)(9) as paragraphs (b)(8)
through (b)(10) and adding a new paragraph (b)(7) to read as follows:
Sec. 1477.7 Filing application for payment.
(a) Applications for payment shall be filed by the applicant with
the local CFSA office serving the county where the producer's farm is
located for administrative purposes.
(b) * * *
* * * * *
(7) Applications for payments made during the 1994 crop signup
period with respect to 1994 crop losses, low quality losses, and 1994
through 1996 losses resulting from freeze damage occurring from January
1, 1994, through March 31, 1994, must be filed by March 31, 1995.
* * * * *
9. Section 1477.9 is amended by revising paragraphs (a)(1) and
(a)(3) to read as follows:
Sec. 1477.9 Report of acreage, production disposition, and indemnity
payments.
(a) (1) Eligible producers shall report, in accordance with
instructions issued by the Deputy Administrator, the acreage,
production, and disposition of all commodities produced in an
applicable year on any acreage for which an application for a disaster
payment is filed. Such production reports submitted with respect to the
1994 signup period must be submitted by April 14, 1995; with respect to
the 1993 signup period by March 27, 1994; and with respect to the 1990
through the 1992 crop quality and curley top virus conditions in sugar
beets must be submitted by September 30, 1993; and with respect to 1993
through 1995 losses because of Hurricanes Andrew and Iniki and Typhoon
Omar must be submitted by October 8, 1993.
* * * * *
(3) If there has been a disposition of crop production other than
through commercial channels, the eligible producer must furnish such
documentary evidence as the county CFSA committee determines to be
necessary in order to verify the information provided by the producer.
* * * * *
10. Section 1477.10 is amended by revising paragraph (d)(2) and
introductory paragraph (e) to read as follows:
Sec. 1477.10 Payment limitations.
* * * * *
(d) * * *
(2) Persons filing an application during the 1994 crop signup
period who are subject to the provisions of paragraph (d)(1) of this
section must elect the provisions under which such payments or benefits
shall be received by notifying the county office of the election by
April 14, 1995.
(e) All disaster program applications within a specific signup
period submitted in accordance with this part, except 1993 or 1994 crop
applications, shall be totaled at the end of the signup period. In
order to ensure that there is no duplication of benefits, deficiency
payments made in accordance with part 1413 of this chapter and
emergency livestock feed program benefits made in accordance with part
1475 of this chapter shall not be made with respect to any loss of
production for which assistance is requested under this part.
Accordingly, the quantity of the loss of production otherwise eligible
for disaster assistance under this part on which a producer had
previously obtained a deficiency payment or an emergency livestock feed
program benefit shall be reduced. In order to make such a reduction,
the deficiency payments and emergency livestock feed program benefits,
except those payments applicable to the 1993 or 1994 crop year, shall
be adjusted by a national factor obtained by:
* * * * *
11. Section 1477.11 is amended by adding new paragraph (c) to read
as follows:
Sec. 1477.11 Special provisions for burley and flue-cured tobacco, and
peanuts.
* * * * *
(c) All operators and owners of tobacco or peanut farms must sign
the application for disaster.
12. Section 1477.13 is amended by revising paragraph (d) to read as
follows:
Sec. 1477.13 Refunds to CCC.
* * * * *
(d) In the event that the loss of production was established as a
result of erroneous information provided by any person to the county
CFSA office or was erroneously computed by such office, the loss of
production shall be recomputed and the payment due shall be corrected
as necessary. Any refund of payments which are determined to be
required as a result of such recomputation shall be remitted to CCC.
13. Section 1477.19 is amended by redesignating paragraphs (h)
through (m) as paragraphs (i) through (n) and adding new paragraphs (h)
and (o) to read as follows:
Sec. 1477.19 Other regulations.
* * * * *
(h) Part 791 of this title, Authority to Make Payments When There
Has Been a Failure to Comply Fully with the Program;
* * * * *
(o) Part 402 of this title, Catastrophic Risk Protection
Endorsement.
14. Section 1477.21 is amended to revise the introductory text,
redesignate paragraphs (b) through (e) as paragraphs (c) through (f)
and add a new paragraph (b) to read as follows:
Sec. 1477.21 Adjustment to crop production.
Notwithstanding any other provisions of this part, the following
provisions are applicable to producers of 1990 through 1994 crops of:
wheat, corn, barley, oats, grain sorghum, upland cotton, rice,
soybeans, sunflowers, peanuts, sugar beets, tobacco, and ELS cotton,
whose production has been affected by low quality due to an eligible
disaster.
* * * * *
(b) A request for assistance under this section must be submitted
to CCC at the CFSA office in the county where the farm is
administratively located by March 31, 1995, for 1994 crops.
* * * * *
15. Section 1477.22 is amended by revising paragraph (a)(1)
introductory text and adding new paragraph (a)(3) to read as follows:
Sec. 1477.22 1993, 1994, and 1995 crop losses due to Hurricanes Andrew
and Iniki and Typhoon Omar.
* * * * *
(a) * * *
(1) For nursery and aquaculture crops except papaya, CCC shall:
* * * * *
(3) For papaya, CCC shall determine the loss for each year 1993
through 1995 based on expected production and the recovery period as
determined by CCC.
(i) A request for assistance under this section must be submitted
to CCC at the county office in the county where the farm is
administratively located by April 13, 1994, and production data must be
submitted May 27, 1994, or such other dates as determined by CCC.
(ii) For papaya crops, the CCC shall determine the loss for each
year 1993 through 1995 based on expected production and that the papaya
plants would not have produced fruit for a lifetime total of more than
3 crop years based on normal cultivation practices.
[[Page 52614]]
(iii) The county committee has determined that papaya can be
harvested:
(A) Between 12 and 16 months after planting; or
(B) For a lifetime total of 3 years based on normal cultivating
practices.
(iv) The calculated payment shall be prorated to each year 1993
through 1995, for limiting payments according to Sec. 1477.10, based on
the percent of production that would have been sold in each of the
years 1993 through 1995.
(v) Any producer entitled to any payment may assign any such
payments in accordance with part 1404 of this chapter if the assignment
is made after December 1, 1994.
* * * * *
16. New Sec. 1477.23 is added to read as follows:
Sec. 1477.23 1993 losses of trees, shrubs, or nursery stock and
inventory.
The following provisions apply for 1993 losses of trees, shrubs, or
nursery stock and inventory grown for commercial sale that would have
been sold in either 1993, 1994, or 1995, but which were affected by
damaging weather or related condition.
(a) A request for assistance under this section and production
evidence must be submitted to the county office in the county where the
farm is administratively located by May 27, 1994.
(b) For trees, shrubs, or nursery crops and inventory, the county
committee shall:
(1) Determine one loss for 1993 through 1995 by reducing from the
inventory on hand at the time of the disaster, the inventory remaining
immediately after the disaster occurred; and calculate payments using a
rate based on the value of the product at the time of the loss.
(2) The calculated payment shall be prorated to each year 1993
through 1995, for limiting payments in accordance with Sec. 1477.10,
based on the percent of production that would have been sold in each of
the years.
(c) Any producer entitled to a payment may assign any such payments
in accordance with part 1404, if the assignment is made after September
9, 1994.
(d) Producers cannot receive tree assistance program benefits and
disaster assistance payments on the same production.
17. New Sec. 1477.24 is added to read as follows:
Sec. 1477.24 1995 and 1996 orchard crop losses.
To be eligible for disaster assistance payments, losses to orchard
crops must have resulted from a freeze that occurred between January 1,
1994, and March 31, 1994, and crop insurance was not available for
affected orchard crop producers in the county or area.
(1) CCC shall determine the loss for each year 1995 and 1996 based
on expected production and the recovery period, as determined by the
county committee.
(b) A request for assistance under this section must be submitted
to the county office in the county where the orchard is
administratively located by March 31, 1995, and production data must be
submitted by April 14, 1995, or other dates as determined by CCC.
(c) For such orchards subject to frost, the CFSA county committee
shall determine the loss for each of the years 1995 and 1996 based on
expected production for the orchard.
(d) The calculated payment shall be determined separately for 1994,
1995, and 1996. A separate application shall be taken for each year.
However, payments will be limited in accordance with Sec. 1477.10.
(e) Any producer entitled to any payment may assign any such
payments in accordance with part 1404 of this chapter if the assignment
is made after September 30, 1994.
Sec. 1477.25 [Redesignated as Sec. 1477.26]
18. Section 1477.25 is redesignated as Sec. 1477.26.
PART 1478--TREE ASSISTANCE PROGRAM
19. The authority citation for 7 CFR part 1478 is revised to read
as follows:
Authority: 7 U.S.C. 1421 note; 15 U.S.C. 714b and 714c; 104
Stat. 3359; 105 Stat. 1701; 106 Stat. 117; 107 Stat. 739; 108 Stat.
3; and 108 Stat. 2435.
20. Section 1478.1 is revised to read as follows:
Sec. 1478.1 General statement.
(a) The regulations in this part set forth the terms and conditions
of the Tree Assistance Program (TAP) authorized by title XXII of the
Food, Agriculture, Conservation, and Trade Act of 1990 (the 1990 Act).
Within specified limits, CCC is authorized by the 1990 Act to:
(1) Reimburse eligible owners for part of the cost of replanting,
reseeding, or repairing eligible trees to offset losses by an eligible
orhardist for trees that were planted in any year to produce annual
crops for commercial purposes but were lost due to damaging weather, or
related condition in 1994; and
(2) Reimburse eligible owners for part of the cost of replanting,
reseeding, or repairing seedlings which would have produced trees to be
harvested for commercial purposes which were planted in 1992 or 1993
and were lost in 1993 (1993 losses) and planted in 1993 or 1994 for
1994 losses, due to damaging weather, or related condition in 1993 and
1994. However;
(i) Such trees, seedlings or nursery inventory must be planted for
commercial purposes and may not be:
(A) Open-field-grown sod, grasses, legumes, and other plants, that
are grown in a manner that does not allow them to be counted
individually or by using statistical sampling; or
(B) Plants grown for shelterbelts and wildlife enhancement
plantings; and
(ii) If the request for assistance is for:
(A) Trees planted to produce annual crops, the losses must be due
to damaging weather or related condition;
(B) Seedlings planted to produce trees for harvest, the losses must
be due to damaging weather or related condition;
(C) Nursery inventory, the losses must be due to damaging weather
or related condition;
(D) Aquatic plants, the losses must be due to damaging weather or
related condition; and
(E) Owners must elect whether trees which qualify as either nursery
inventory or orchard trees may be enrolled as either but not be
enrolled as both nursery inventory and orchard trees.
(3) Reimburse eligible owners for an individual stand of nursery
trees or nursery plants.
(b) Such assistance may not exceed 65 percent of the eligible
reseeding costs and may be based on average costs or the actual costs
for the replanting practices, as determined by CCC, which, after
adjustments for normal mortality, exceed a 35 percent loss.
(c) Unless an extension, not to exceed 24 months is granted by the
State CFSA committee, all 1993 and 1994 TAP practices must be completed
within 24 months of the last day of the applicable signup. The State
CFSA committee shall only approve up to an additional 24 months when
delays are beyond the control of the applicants.
21. Section 1478.2 is amended by revising paragraph (a), adding new
paragraphs (c) (3) and (4) and revising paragraph (d) to read as
follows:
Sec. 1478.2 Administration.
(a) This part shall be administered by CCC under the general
direction and supervision of the Executive Vice President, CCC. The
program shall be carried out in the field by CFSA State
[[Page 52615]]
and county committees (State and county committees).
* * * * *
(c) * * *
(3) Require the county committee to approve late-filed requests
received after signup ends only for those owners who applied late due
to circumstances beyond their control as determined by the county
committee.
(4) Require the county committee to approve applications only for
those owners of trees and plants who actually owned the trees at time
of the eligible disaster at the time of application.
(d) No delegation herein to a State or county committee shall
preclude the Executive Vice President, CCC, or a designee, from
determining any question arising under the program or from reversing or
modifying any determination made by a State or county committee.
22. Section 1478.3 is revised to read as follows:
Sec. 1478.3 Definitions.
(a) In determining the meaning of the provisions of this part,
unless the context indicates otherwise, words importing the singular
include and apply to several persons and things, words importing the
plural include the singular, words importing the masculine gender
include the feminine, and words used in the present tense include the
future as well as the present.
(b) The following terms contained in this part shall have the
following meanings:
Annual gross revenue means with respect to a person, as defined in
part 1497 of this chapter:
(1) For a person who receives more than 50 percent of such person's
gross income from farming, ranching, and forestry operations, the total
gross income received from such operations.
(2) For a person who receives 50 percent or less of such person's
gross income from farming, ranching, and forestry operations, the total
gross income from all sources.
(3) The determinations made in accordance with 7 CFR 1497.3 shall
include all entities in which an individual or entity has an interest,
whether or not such entities are engaged in farming.
(4) The year for which the annual gross income shall be received
for the purpose of this definition shall be the tax year preceding the
year during which the losses occurred.
Approving official means a representative of CCC who is authorized
by the Executive Vice President, CCC, to approve an application for
assistance made in accordance with this part.
CCC means the Commodity Credit Corporation.
CFSA means the Consolidated Farm Service Agency.
County means a county or similar geographic area as determined by
CCC.
Deputy Administrator, or Deputy Administrator, CFSA, U.S.
Department of Agriculture.
Eligible owner means an individual, partnership, corporation,
association, estate, trust, or other business enterprise or legal
entity and includes any Indian tribe under the Indian Self-
Determination and Education Assistance Act; any Indian organization or
entity chartered under the Indian Reorganization Act; any tribal
organization under the Indian Self-Determination and Assistance Act;
and, any economic enterprise under the Indian Financing Act of 1974
which meets the requirements of this part. Federal, State, and local
governments and agencies and political subdivisions thereof are
specifically excluded. In determining whether an individual or other
entity is an eligible owner, such person, as determined under part 1497
of this chapter, must own 1,000 acres or less of trees which: produce
annual crops for commercial purposes; or are grown for harvest for
commercial purposes. Such person, as determined under part 1497, must
also have annual gross revenue of $2.0 million or less, as determined
under this part. Such person must also have owned the trees when the
natural disaster occurred and when the application is submitted. As
successor-in-interest, the applicant is allowed to receive TAP benefits
if an otherwise eligible person:
(1) Acquires ownership of land or trees for which TAP benefits have
been applied;
(2) Agrees to complete all practices which the original owner has
not completed;
(3) Agrees to maintain the practice during the lifespan;
(4) Agrees to receive any remaining payments and assumes full
responsibility for all provisions of TAP, including refund of payments
made to the original participant, if necessary; and
(5) Agrees to provide a signed and dated written agreement to
county committee for approval of any successor-in-interest.
Eligible trees means:
(1) For, 1993 and 1994 losses, nursery inventory which are
determined by CCC to have been planted for commercial sale.
(2) For the 1993 and 1994 losses, forest tree seedlings, orchard
trees, and nursery inventory, including non-tree plants.
Executive Vice President means the Executive Vice President, CCC,
or a designee of the Executive Vice President.
Harvest means the removal of the tree from the ground by the
cutting and removal of the whole tree at its base in a manner which
separates the tree from its root system.
Natural Disaster means damaging weather or related condition in
1993 for nursery inventory; and, 1994 for nursery inventory, orchard
trees and forest tree seedlings, including the Midwest Floods of 1993.
Losses of plants caused by damaging weather must be directly caused by
the weather to be eligible for TAP.
Individual stand means an area of eligible trees which are tended
by an eligible owner as a single operation, whether or not such trees
or plants are planted in the same field or similar location, as
determined by CCC.
Differing species of trees or plants in the same field or similar
area may be considered to be separate individual stands if CCC
determines that the species have significantly differing levels of
freeze, drought, earthquake, hurricane, or typhoon susceptibility.
Local county office means with respect to individual stands of
eligible trees which are grown on a farm:
(1) Which has been assigned an CFSA farm serial number, the county
CFSA office which services such farm; or
(2) Which has not been assigned an CFSA farm serial number, the
county office which services the county in which such stand is located.
Normal mortality means:
(1) With respect to a request for relief for trees planted to
produce annual crops the average extent of plant death on the
individual stand which normally would have occurred with respect to
eligible seedlings during the 12 months previous to the loss with
respect to which assistance is requested under this part without regard
to any detrimental conditions which do not regularly effect seedling of
tree survival rates in the local area, as determined by the county
committee in accordance with instructions issued by CFSA.
(2) With respect to a request for relief for seedlings planted to
produce trees for harvest the average extent of plant death on the
individual stand which normally would have occurred with respect to
eligible seedlings during the period between the time of planting and
the time of the loss with respect to which assistance is requested
under this part without regard to any detrimental conditions which do
not regularly effect
[[Page 52616]]
seedling or tree survival rates in the local area, as determined by the
county committee in accordance with instructions of the Deputy
Administrator.
(3) With respect to nursery inventory planted for commercial
purposes, the average extent of plant death on the individual stand
which normally would have occurred with respect to eligible nursery
inventory during the 12 months previous to the loss with respect to
which assistance is requested under this part without regard to any
detrimental conditions which do not regularly affect nursery inventory
survival rates in the local area, as determined by the county committee
in accordance with instructions issued by CFSA.
Nursery inventory means all commercial nursery plants grown for
transplant or sale, including aquatic plants, ornamental, field or
container grown plants, excluding open grown field grown sod, grasses,
legumes, and similar plants as determined by the Deputy Administrator.
Operator means a person who is in general control for the tree
farming operations as determined by CCC.
Seedling means a tree or plant which was planted in the ground for
commercial purposes.
State means any State of the United States, the Commonwealth of
Puerto Rico, the Virgin Islands, or Guam.
State committee, State office, county, committee, or county office,
means the respective CFSA committee or CFSA office.
Subsequent signup period means the signup period for assistance for
1993 and 1994 losses which will be held only when the President
declares an economic emergency as specified in Public Law 103-211 and
Public Law 103-330.
(c) In the regulations in this part and in all instructions, terms,
and documents in connection therewith, all other words and phrases
specifically relating to CFSA operations shall, unless the context of
the subject matter otherwise requires, have the meanings assigned to
them in the regulations governing reconstitution of farms, allotments,
and bases in part 719 of this title.
23. Section 1478.4 is revised to read as follows:
Sec. 1478.4 Program availability.
(a) A request for assistance under this part made available during
the initial signup period must be submitted to CCC at the county office
in the county where the farm is administered by March 31, 1995.
(b) Final signup period means the signup period beginning on May 9,
1994, and ending on July 29, 1994, for 1993 nursery losses; November
21, 1994, through March 31, 1995, for 1994 losses; or other such date
as established by CCC. All related documentation shall be submitted no
later than July 15, 1995, for assistance to eligible producers who have
incurred losses in 1994 caused by damaging weather.
24. Section 1478.5 is amended by revising paragraphs (a), (c), and
(d) and adding a new paragraph (e) to read as follows:
Sec. 1478.5 Qualifying loss.
(a) A person shall be eligible to receive assistance under this
part with respect to losses due to damaging weather, including but not
limited to drought, freeze, earthquake, or related conditions in 1993
or 1994; in addition, losses due to hurricane, typhoon, or related
conditions in 1993 or 1994; only if such owner is an eligible owner, as
defined in this part and has sustained a qualifying loss of eligible
trees, tree seedlings, or nursery inventory as determined by CCC. The
only type of losses which may be considered qualifying are the
following:
(1) A qualifying loss of an individual stand of trees on which the
total mortality rate exceeded 35 percent plus the normal mortality rate
by an eligible owner, who is an orchardist and who is the owner of the
eligible trees planted in any year for commercial purposes, which are
lost as a result of a freeze, earthquake, or related conditions in 1993
or 1994, or freeze, earthquake, hurricane, typhoon, or related
conditions in 1993 or 1994 or damaging weather or related conditions in
1993 or 1994 as determined by the county committee in accordance with
the instructions of the Deputy Administrator;
(2) A qualifying loss of an individual stand of trees on which the
total mortality rate exceeds 35 percent plus the normal mortality rate
by an eligible owner who grows trees for harvest for commercial
purposes and is the owner of the eligible tree seedlings which were
either planted in 1993 or 1994 and were lost due to drought,
earthquake, or related conditions in 1993 or 1994 or planted in 1993 or
1994 and were lost due to damaging weather, including drought,
earthquake, hurricane, typhoon, or related conditions in 1993 or 1994,
as determined by the county committee in accordance with instructions
of the CFSA; or
(3) A loss by an eligible owner who grows nursery inventory for
commercial purposes which is lost as a result of damaging weather, or
related conditions in 1993 for nurseries, and 1994 for nurseries,
orchards and forest trees, as determined by the county committee in
accordance with instructions of the Deputy Administrator.
* * * * *
(c) When visible evidence of losses no longer exists on the site
where the trees were planted, acceptable evidence as determined in
accordance with instructions issued by the Deputy Administrator must be
established for the county committee to qualify the individual stand
for the program.
(d) Losses from 1994 disasters with respect to nursery inventory
plants that produced an annual crop which was also lost are eligible if
assistance was not provided with respect to such plant under part 1477
of this chapter. Payment under TAP is also authorized for owners who
replant or rehabilitate orchard trees when the crop from such trees are
also enrolled for benefits under part 1477 of this chapter. A person
shall be eligible to receive assistance under this part for 1993 crop
losses (forest tree seedlings, orchard trees, and nursery inventory)
resulting from damaging weather or related conditions as associated
with the conditions (as defined in sec. 2251 of Public Law 101-624) in
1993, Public Law 103-211 in 1993 and Public Law 103-330 in 1994. Also,
a person shall be only eligible to receive assistance on that portion
of nursery inventory plants enrolled under part 1477 of this chapter
that did not receive direct benefits under part 1477 of this chapter.
The portion which did not receive direct benefits under part 1477 of
this chapter shall be that portion of the loss for which no
compensation is made because loss levels had not reached the minimum
threshold required before any payment can be earned.
(e) Eligible plants exclude plants:
(1) That were planted under the Conservation Reserve Program; and
(2) That were the subject of any cost-share assistance or other
assistance under any other Federal program, unless approved in writing
by the CFSA.
25. Section 1478.6 is amended by revising paragraph (a) and adding
a new paragraph (e) to read as follows:
Sec. 1478.6 Eligible costs.
(a) Payments under this part shall be made by CCC and may be made
only to the extent that payment is specifically provided for in this
part. CCC shall, under this part, to the extent of the availability of
funds, reimburse an eligible owner for 65 percent of the eligible costs
of re-establishing seedlings, trees, or nursery plants, not in
[[Page 52617]]
excess of the number of seedlings, trees, or nursery plants
constituting the qualifying loss. Such reimbursement may be based on
average costs or the actual costs for the replanting, reseeding, or
repairing practices, as determined by CCC. Producers with trees, or
nursery plants, who are eligible for both disaster and TAP payments
must choose from which program they want to receive payment. That
portion of plants enrolled under part 1477 of this chapter that did not
receive direct benefits are eligible for TAP. The first 35 to 40
percent uninsured mortality for which part 1477 of this chapter
benefits are not provided is defined as not receiving direct payment
and may be eligible for TAP. If the costs are to replace lost trees, or
nursery plants, the costs shall only be for replacement seedlings or
plants of a size and quality determined by CCC to be sufficient for
that purpose. The costs for which cost-sharing shall be permitted shall
only be the costs of the seedlings or nursery plants, tree or plant
rehabilitation measures, site preparation measures, and debris handling
measures that are normal cultural practices for the type of individual
stand being re-established and necessary to ensure successful plant
survival; chemicals and nutrients if needed to ensure successful plant
survival; labor used to physically plant or rehabilitate such seedlings
as based on standard labor rates as determined by the county committee;
and nursery plant containers and tree wraps. Eligible costs
specifically exclude items such as fencing, irrigation, irrigation
equipment, measures to protect seedlings from wildlife, and general
land and tree stand improvements, and re-establishing greenhouse
structures and windscreens.
* * * * *
(e) Payments made shall be at the minimum level needed to re-
establish the individual stand, as determined by the State committee
or, if redelegated, by the county committee.
26. Paragraph (b) in Sec. 1478.7 is amended by removing ``DASCO''
and adding in its place ``Deputy Administrator.''
27. Section 1478.8 is amended by revising paragraph (b)(4) and
paragraph (c) and (d) to read as follows:
Sec. 1478.8 Obligations of an eligible owner.
* * * * *
(b) * * *
(4) Maintain the practice for either 5 years after installation,
unless CCC determines that a shorter period is necessary, or 10 years
if the trees established on acreage received previous Federal cost-
share assistance for tree establishment. Nursery inventory has no
practice maintenance requirement.
(c) In the event of a determination by CCC that a person was
erroneously determined to be eligible or has become ineligible for all
or part of a payment made under this part for any reason, including a
failure to comply with the terms and conditions of this part, or other
condition for payment imposed by the county or State CFSA committee or
the Deputy Administrator such person shall refund any payment paid
under this part together with interest. Such interest shall be charged
at the rate determined for late payment charges under part 1403 of this
chapter and computed from the date of disbursement by CCC of the
payment to the date of the refund.
(d) Eligible owners who have been paid but choose not to implement
their practices by the final practice expiration date shall refund
their payments with interest. Interest on these refunds shall be
calculated beginning on the date the payment was disbursed. Such refund
amounts may be reduced by CCC, at CCC's discretion, when only part of
the required replanting practice is not implemented.
* * * * *
28. Section 1478.9 is revised to read as follows:
Sec. 1478.9 Payment limitations.
(a) The amount of payments which any person, as determined in
accordance with part 1497 of this chapter, may receive under this part
in connection with losses of orchard trees planted for an annual crop
of fruit, nuts, syrup, or other related commercial products shall not
exceed $25,000 for 1990 losses due to freeze, earthquake, or related
condition; $25,000 for 1991 losses due to freeze, earthquake, or
related condition; $25,000 for 1992 losses due to freeze, earthquake,
or related condition; $25,000 for 1992 losses due to hurricane,
typhoon, or related condition; $25,000 for 1993 losses resulting from
damaging weather or related conditions; $25,000 for 1994 losses
resulting from damaging weather or related conditions associated with
the conditions (as defined in sec. 2251 of Public Law 101-624.
Participants may elect not to replant the maximum amount of eligible
trees because of the limitation being reached for payment limitation
purposes or any other reason. If an original owner has entered into TAP
and the ownership of land or trees is transferred to another owner,
county offices shall not pay an increased amount for the trees covered
by the original agreement because of an increase in the number of
``persons'' associated with the new ownership.
(b) The amount of payments which any person, as determined in
accordance with part 1497 of this chapter, may receive under this part
in connection with losses of forest tree seedlings planted to produce
trees for harvest shall not exceed $25,000 for 1990 losses due to
drought, earthquake, or related conditions; $25,000 for 1991 losses due
to drought, earthquake, or related conditions; and $25,000 for 1992
losses due to drought, earthquake, or related conditions; and $25,000
for 1992 losses due to hurricane, typhoon, or related conditions;
$25,000 for 1993 losses resulting from damaging weather or related
conditions; $25,000 for 1994 losses due to damaging weather or related
conditions associated with the condition (as defined in sec. 2251 of
Public Law 101-624. Participants may elect not to replant the maximum
amount of eligible trees because of the limitation being reached for
payment limitation purposes or any other reason. If an original owner
has entered into TAP and the ownership of land or trees is transferred
to another owner, county offices shall not pay an increased amount for
the trees covered by the original agreement because of an increase in
the number of ``persons'' associated with the new ownership.
(c) The amount of payments which any person, as determined in
accordance with part 1497 of this chapter, may receive under this part
in connection with losses of nursery inventory shall not exceed $25,000
for 1992 for losses due to hurricane, typhoon, and related conditions;
for $25,000 for 1993 for losses due to damaging weather or related
conditions; and $25,000 for 1994 for losses due to damaging weather or
related conditions.
29. Section 1478.10 is revised to read as follows:
Sec. 1478.10 Liens and claims of creditors; set-offs.
Any payment or portion thereof due any person under this part shall
be allowed without regard to questions of title under State law, and
without regard to any claim or lien in favor of any person except
agencies of the U.S. Government. The regulations governing set-offs and
withholdings found at part 1403 of this chapter shall be applicable to
this part.
30. Section 1478.11 is revised to read as follows:
Sec. 1478.11 Appeals.
Any person who is dissatisfied with a determination made with
respect to this part may make a request for
[[Page 52618]]
reconsideration or appeal of such determination in accordance with the
appeal regulations set forth at part 780 of this title or as
established by the National Appeals Division, USDA whichever is
applicable.
31. Section 1478.12 is revised to read as follows:
Sec. 1478.12 Misrepresentation and scheme or device.
(a) A person who is determined by the State committee or the county
committee to have:
(1) Adopted any scheme or device which tends to defeat the purpose
of this program;
(2) Made any fraudulent representation; or
(3) Misrepresented any fact affecting a program determination shall
be ineligible to receive assistance under this program.
(b) All moneys paid by CCC under this part to any such person or to
any other person as a result of such person's actions shall be refunded
to CCC with interest together with such other sums as may become due.
The party engaged in acts prohibited by this section and the party
receiving payment shall be jointly and severally liable for any refund
due under this section and for related charges. The remedies provided
to CCC in this part shall be in addition to other civil, criminal, or
administrative remedies which may apply.
32. Section 1478.14 is revised to read as follows:
Sec. 1478.14 Death, incompetency, or disappearance.
In the case of death, incompetency or disappearance of any owner
who is eligible to receive assistance in accordance with this part,
such person or persons specified in part 707 of this title may receive
such assistance.
33. Section 1478.16 is revised to read as follows:
Sec. 1478.16 Paperwork Reduction Act assigned numbers.
The information collection requirements of this part have been
submitted to the Office of Management and Budget (OMB) for purposes of
the Paperwork Reduction Act and the OMB Number 0560-0082 has been
assigned.
Signed at Washington, DC, on October 3, 1995.
Bruce R. Weber,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 95-24915 Filed 10-4-95; 2:53 pm]
BILLING CODE 3410-05-M