[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1416.302]

[Page 440]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1416_2006 EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS--Table of 
 
                    Subpart D_Citrus Disaster Program
 
Sec. 1416.302  Eligible crops and producers.

    (a) A producer must be an owner, operator, landlord, tenant, or 
sharecropper who shares in the risk of producing the citrus crop and is 
entitled to share in the crop available for marketing from the farm or 
would have shared had the crop been produced. Producers that did not 
market citrus in both 2004 and 2005 are not eligible, except producers 
with groves that will be of fruit-bearing age for 2006, but were too 
immature to producer marketable fruit in 2004 or 2005.
    (b)(1) Citrus producers will be reimbursed on a per-acre basis for 
each eligible grove. Payment will be based on the severity of 
destruction as determined by the paths of the storms and damage 
estimates by CCC considering levels of loss correlating to the severity 
of damage caused by maximum sustained winds of the hurricane. The levels 
of damage that will determine payment rates are as follows:

Tier I--75 percent or greater crop loss and associated tree damage.
Tier II--50 to 74 percent crop loss and associated tree damage/loss.
Tier III--35 to 49 percent crop loss and associated tree damage/loss.
Tier IV --15 percent and greater associated tree damage only.

    (2) Citrus producers who suffered citrus crop production losses and 
associated fruit-bearing tree damage, including related cleanup and 
rehabilitation costs, must provide to CCC a certified statement on a 
CCC-approved form of the level of destruction, the number of acres in 
the disaster-affected grove, and the geographic location of the losses.
    (c) If the actual level of loss is greater than the level of loss 
associated with the tier based on the location of the grove, the 
applicant may submit documentation to CCC to request the grove be placed 
in the next lower-numbered tier which represents a greater level of loss 
and a higher payment rate. Regardless of the level of loss incurred, the 
grove can only be placed in the next lower-numbered tier.
    (d) If the actual level of loss is less than the tier associated 
with the location band for the grove, the producer shall certify to the 
lower loss level, which must be 15 percent or more, on the application 
and a lower payment rate will be used by CCC based upon the tier rate 
associated with the lower loss level.