[Code of Federal Regulations] [Title 7, Volume 7] [Revised as of January 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR783.3] [Page 477] TITLE 7--AGRICULTURE CHAPTER VII--FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE PART 783--1997 TREE ASSISTANCE PROGRAM--Table of Contents Sec. 783.3 Definitions. (a) In determining the meaning of the provisions of this part, unless the context indicates otherwise, singular terms include the plural and plural terms include the singular, masculine terms include the feminine, and terms used in the present tense include the future. (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 1400 of this title: (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 part 1400, subpart B, 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 1996 tax year. Cutting means a vine which was planted in the ground for commercial production of grapes, kiwi fruit, or passion fruit. 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. Eligible trees means papaya trees or orchard trees grown for commercial production of fruit and nuts. Eligible vines means grape, kiwi fruit, or passion fruit vines grown for commercial production. Individual stand means an area of eligible trees or vines which are tended by an eligible owner as a single operation, whether or not such trees or vines are planted in the same field or similar location, as determined by the Deputy Administrator. Differing species of trees or vines in the same field or similar area may be considered to be separate individual stands if FSA determines that the species have significantly differing levels of freeze, drought, earthquake, hurricane, or typhoon susceptibility. Local county office means the county FSA office or USDA Service Center that services the farm if an FSA farm serial number has been assigned or, if no serial number is assigned, then the office that services the county in which the eligible trees or vines are located. Natural disaster means drought, excessive moisture, hail, freeze, tornado, hurricane, earthquake, or excessive wind. Normal mortality means the percentage of plant loss on the individual stand of eligible trees or eligible vines which normally occurs in a 12-month period. Orchard means eligible trees planted for commercial annual production of fruit or nuts. Owner means a person who has legal ownership of the eligible trees or vines as determined by FSA. Eligible tree or vine owners need not own the land on which the trees or vines are planted. Seedling means an eligible tree which was planted in the ground for commercial purposes. Total mortality means the actual percentage of eligible tree or eligible vine losses on a given individual stand. (c) The definitions set forth in this section shall be applicable for all purposes of administering the Tree Assistance Program. The terms defined in part 718 of this chapter shall also be applicable, except where those definitions conflict with the definitions set forth in this section.