[Code of Federal Regulations]
[Title 7, Volume 7, Parts 700 to 899]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR783.6]

[Page 473-474]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 783--1997 TREE ASSISTANCE PROGRAM--Table of Contents
 
Sec. 783.6  Qualifying loss.

    (a) An eligible owner may receive assistance under this part for 
qualifying loss of eligible trees, eligible orchard tree seedlings, 
eligible vines or cuttings as determined by the Deputy Administrator for 
Farm Programs, FSA:
    (1) Which were destroyed or injured as a result of a natural 
disaster, as determined by the county committee in accordance with the 
instructions of the Deputy Administrator; and
    (2) For which the total mortality rate equals or exceeds 20 percent, 
after deducting the normal mortality the owner would have incurred.

[[Page 474]]

    (b) Qualifying loss determinations shall be made on an individual 
stand basis. A qualifying loss shall be the loss for the individual 
stand of eligible trees, or eligible vines, as appropriate, after 
deducting the normal mortality of such trees or vines, equal to or in 
excess of 20 percent mortality.
    (c) Qualifying losses of eligible trees or vines shall not include:
    (1) Losses which could have been prevented through readily-available 
horticultural measures; or
    (2) Losses of trees or vines which would normally have been 
rehabilitated or replanted within the 12-month period following the 
loss, in the absence of the natural disaster.
    (d) When visible evidence of losses no longer exists on the site 
where the eligible trees or eligible vines 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.