[Federal Register: April 16, 2004 (Volume 69, Number 74)]
[Notices]
[Page 20589-20590]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap04-31]
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
Notice of Funds Availability: Tree Assistance Program for New
York Fruit Tree Losses Due to Ice Storm
AGENCY: Farm Service Agency, USDA.
ACTION: Notice.
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SUMMARY: This notice announces the availability of $5,000,000 to
provide assistance under the Tree Assistance Program (TAP) to
compensate tree-fruit growers in a federally-declared disaster area in
the State of New York who suffered tree losses in 2003 as the result of
an April 4-6, 2003, ice storm.
DATES: Applications by eligible persons may be submitted any time
before the ending date announced by the Deputy Administrator for Farm
Programs, Farm Service Agency. That date, unless adjusted by the Deputy
Administrator, shall be May 14, 2004.
FOR FURTHER INFORMATION CONTACT: Eloise Taylor, Chief, Compliance
Branch, Production, Emergencies and Compliance Divisions, FSA/USDA,
Stop 0517, 1400 Independence Avenue SW.,
[[Page 20590]]
Washington, DC 20250-0517; telephone (202) 720-9882; e-mail:
Eloise.Taylor@wdc.usda.gov. Persons with disabilities who require
alternative means for communication of regulatory information,
(Braille, large print, audiotape, etc., should contact USDA's TARGET
Center at (202) 720-2600 (voice and TDD).
SUPPLEMENTARY INFORMATION:
Background
TAP was authorized, but not funded, by section 10201 et seq. of the
Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171) (7
U.S.C. 8201 et seq.) to provide assistance to eligible orchardists to
replant trees, bushes and vines that were grown for the production of
an annual crop and were lost due to a natural disaster. This notice
sets out a special program within TAP for certain fruit tree losses due
to an ice storm in New York. Section 756(a) of Division A of the
Consolidated Appropriations Act, 2004 (Pub. L. 108-199) provided that
the Secretary of Agriculture shall use $5,000,000 of the funds of the
Commodity Credit Corporation to provide assistance under TAP to
compensate tree-fruit growers in a federally-declared disaster area in
the State of New York who suffered tree losses in 2003 as the result of
an April 4-6, 2003, ice storm. Assistance will be provided subject to
regulations and restrictions governing the TAP provided for in the 2002
Act. Those regulations were published March 2, 2004 (69 FR 9744) and
are found at 7 CFR part 783. Also, the restrictions of the statute
apply. Those include a requirement of replanting, a limitation on
payments by ``person,'' a limitation on acres for which relief can be
claimed, a requirement that the loss be tied to a natural disaster, and
others. If, after the claims filed during the allowed period set out in
this notice are received and the available funds are less than the
eligible claims, a proration will be made. Claims are limited to the
lesser of the established practice rates or 75 percent of the actual
costs for eligible replantings after adjusting for normal mortality. In
addition, the reimbursement for those plantings cannot exceed the
reasonable cost of those replantings as determined by FSA. There are
other statutory restrictions. Under current law, no ``person'' as
defined by reference to program regulations can receive, cumulatively,
for all TAP claims for all commodities over the life of the program as
administered pursuant to the general authority of the 2002 Act, a total
of $75,000. Also, and cumulatively, no person, for all TAP claims for
all commodities over the life of the administration of the program,
can, under current law, receive benefits for losses on more than 500
acres. All other restrictions of the TAP regulations and statute apply
as well. Other requirements may also apply.
Applications
Applications may be accepted at any time before the ending date set
by the Deputy Administrator for Farm Programs, FSA. That date, unless
modified by the Deputy Administrator, shall be May 14, 2004. Only
producers with losses in federally-declared disaster counties may file
an application. The counties are Cayuga, Chenango, Livingston, Madison,
Monroe, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego,
Schenectady, Seneca, Wayne, and Yates.
Application forms are available for TAP at FSA county offices or on
the Internet at http://www.fsa.usda.gov. A complete application for TAP
benefits and related supporting documentation must be submitted to the
county office before the deadline.
A complete application will include all of the following:
(1) A form provided by FSA;
(2) A written estimate of the number of fruit trees lost or damaged
which is prepared by the owner or someone who is a qualified expert, as
determined by the FSA county committee;
(3) The number of acres on which the loss was suffered;
(4) Sufficient evidence of the loss to allow the county committee
to calculate whether an eligible loss occurred; and
(5) Other information as requested or required by regulation.
Signed at Washington, DC, on March 25, 2004.
James R. Little,
Administrator, Farm Service Agency.
[FR Doc. 04-8648 Filed 4-15-04; 8:45 am]
BILLING CODE 3410-05-P