[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: 7CFR783.8]

[Page 475]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 783--1997 TREE ASSISTANCE PROGRAM--Table of Contents
 
Sec. 783.8  Application process.

    (a) Applications for payment shall be filed by the eligible owner 
with the local county office and shall contain an estimate by the 
applicant of the number of eligible trees or eligible vines which 
constitute the qualifying loss and the amount of the acreage of the 
individual stands with respect to which the loss was suffered. The 
applicant must provide sufficient evidence of the losses so as to allow 
the county committee to determine qualifying losses.
    (b)(1) The county committee or a designee may conduct field reviews 
to determine the actual qualifying loss and the acreage of individual 
stands with respect to which the loss was suffered. The county committee 
and, if designated by the county committee, the county executive 
director, are authorized, subject to the provisions of this part, to 
approve or disapprove all applications, subject to the limitations and 
conditions of this part, provided the applicant is not a county 
committee member or an FSA employee.
    (2) The State committee shall approve or disapprove applications of 
the county committee members and all FSA employees except applications 
submitted by the State Executive Director, or by a State committee 
member.
    (3) The Deputy Administrator, or a designee, shall approve or 
disapprove applications of State committee members and the State 
Executive Director.
    (4) All applications forwarded to a higher reviewing authority for 
consideration shall be accompanied by committee recommendations. No 
application shall be approved unless the owner meets all eligibility 
requirements. Information furnished by the applicant and any other 
information, including knowledge of the county and State committee 
members concerning the owner's normal operations, shall be taken into 
consideration in making recommendations and approvals. If information 
furnished by the owner is incomplete or ambiguous and sufficient 
information is not otherwise available with respect to the owner's 
farming operations in order to make a determination as to the owner's 
eligibility, the owner's application shall not be approved until 
sufficient additional information is provided by the owner.
    (c) If an owner is eligible to receive payments under this part and 
the catastrophic risk protection crop insurance program (7 CFR part 
402), or the noninsured crop disaster assistance program (7 CFR part 
1437) for the same tree or vine loss, the eligible owner must choose 
whether to receive the other program benefits or payments under this 
part. The eligible owner cannot receive both. However, if the other 
program benefits are not available until after the eligible owner has 
received benefits under this part, the eligible owner may obtain the 
other program benefits if the eligible owner refunds the total amount of 
the payment received prior to receiving the other program benefits. If 
the eligible owner purchased additional coverage insurance, as defined 
in 7 CFR 400.651, or is eligible for emergency loans, the eligible owner 
will be eligible for assistance under such program, and this part as 
long as the amount received for the loss under the additional coverage 
or the emergency loan together with the amount received from the other 
programs does not exceed the amount of the actual loss of the eligible 
owner.

[62 FR 50850, Sept. 29, 1997, as amended at 63 FR 3791, Jan. 27, 1998]