Disaster Payment Program for 1990 Through 1994

SUMMARY: This final rule amends the regulations for the 1990, 1991,

1992, and 1993, Disaster Payment Programs and adds the 1994 Disaster

Payment Program and the 1994 Tree Assistance Program (TAP) to implement

statutory requirements. Also, this amendment makes technical

corrections because of the consolidation of the Agricultural

Stabilization and Conservation Service, with personnel of the Federal

Crop Insurance Corporation, and the farm loan programs of the Farmers

Home Administration into the Consolidated Farm Service Agency (CFSA).

EFFECTIVE DATE: October 4, 1995.

FOR FURTHER INFORMATION CONTACT:

7 CFR part 1477 contact: Diane Sharp, Consolidated Farm Service Agency

(CFSA), United States Department of Agriculture (USDA), Room 3644-S,

P.O. Box 2415, Washington, DC 20013-2415, telephone: (202) 720-4696.

7 CFR part 1478 contact: Robert Stephenson, USDA, CFSA, Room 4714-

S, P.O. Box 2415, Washington, DC 20013-2415, telephone: (202) 720-5295.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be economically significant and

was viewed by the Office of Management and Budget (OMB) under Executive

Order 12866.

Final Regulatory Impact Analysis

Final Regulatory Impact Analysis have been prepared with respect to

the 1993 and 1994 disaster programs. Copies of the analyses are

available to the public from the Economic and Policy Analysis Staff,

CFSA-USDA, Room 3090, South Agriculture Building, 14th and

Independence, P.O. Box 2415, Washington, DC 20013-2415.

Regulatory Flexibility Act

It has been determined that the Regulatory Flexibility Act is not

applicable to this final rule since the Commodity Credit Corporation

(CCC) is not required by 5 U.S.C. 553 or any other provision of the law

to publish a notice of proposed rulemaking with respect to the subject

matter of this rule. The final Regulatory Impact Analysis referred to

above determined, under the TAP, and damaging weather or related

conditions in 1993 and 1994 (as defined in section 2251 of Pub. L. 101-

624), this rule will have no significant economic impact on, a

substantial number of small entities because the regulatory burden on

the affected entities would remain the same regardless of the

determinations made by this action. Thus, CCC certifies that this

amendment will have no significant economic impact on a substantial

number of small entities.

Environmental Evaluation

An Environmental Evaluation with respect to the Disaster Payment

Program and TAP has been completed. It has been determined that this

action is not expected to have a significant impact on the quality of

the human environment. In addition, it has been determined that this

action will not adversely affect environmental factors such as wildlife

habitat, water quality, air quality, and land use and appearance.

Accordingly, neither an Environmental Assessment nor an Environmental

Impact Statement is needed.

Federal Assistance Program

The titles and numbers of the Federal assistance programs, as found

in the Catalog of Federal Domestic Assistance, to which this rule

applies are: Cotton Production Stabilization--10.052; Feed Grain

Production Stabilization--10.055; Wheat Production Stabilization--

10.058; and Rice Production Stabilization--10.065.

Executive Order 12372

This program is not subject to the provisions of Executive Order

12372 which requires intergovernmental consultation with State and

local officials. See the Notice related to 7 CFR part 3015, subpart V,

published at 48 FR 29115 (June 24, 1983).

Paperwork Reduction Act

The information collection requirements contained in this rule have

been approved by OMB under the Paperwork Reduction Act of 1980 and

assigned control numbers 0560-0050 and 0560-0082.

Executive Order 12778

This final rule has been reviewed in accordance with Executive

Order 12778. The provisions of this final rule preempt State law to the

extent that such laws are inconsistent with the provisions of this

rule. The provisions of this rule are retroactive. Before any judicial

action may be brought regarding the provisions of this final rule, the

administrative appeal remedies at 7 CFR part 780 or regulations

published by the National Appeals Division which ever is applicable

must be exhausted.

Background

This rule provides for payments to producers of 1993, 1994, and

1995 crops of papayas that would have been harvested if not destroyed

by Hurricanes Andrew or Iniki or Typhoon Omar, and the papaya plants

would not have produced fruit for a lifetime total of more than 3 crop

years based on normal practices. In addition, this rule provides

payment for losses of trees, shrubs, or nursery stock and inventory

being grown for commercial sale, if such stock or inventory would

normally have been sold in 1993, 1994, or 1995. The application must

have been made by April 13, 1994, and all production data must have

been submitted by May 27, 1994.

This final rule amends the Tree Assistance Program (TAP) and the

Disaster Assistance Program regulations for the 1990, 1991, 1992, 1993,

and 1994 crop years as authorized by the Food, Agriculture,

Conservation, and Trade Act of 1990 (1990 Act), the Dire Emergency

Supplemental Appropriations Act of 1992, Public Law 102-229, Public Law

102-368, Public Law 101-624, Public Law 103-50,

[[Page 52610]]

Public Law 103-75, Public Law 103-211, and Public Law 103-330.

The TAP and disaster regulations are being amended to: (1) Add new

provisions that relate to the application period for 1994 crop, which

began on December 1, 1994, (disaster), and November 21 (TAP), and

continued through March 31, 1995 or other such date as determined by

CCC; (2) allowed producers of papayas and producers of trees, shrubs,

or nursery stock and inventory that was being grown for commercial sale

to file their application by May 11, 1994, (3) and provide production

records by May 27, 1994; (4) provide payments for losses in 1994 for

aquaculture, excluding ornamental fish, (5) provide that producers of

target price commodities can be paid at the target price rather than

the loan rate for acreage that is produced in excess of the permitted

and is commonly referred to as flex acreage in accordance with 7 CFR

1413.43, (6) provide payments to producers of orchards if they had

losses to their orchards due to freezing conditions that occurred

between January 1, 1994, and March 31, 1994, and federal crop insurance

was not available for such losses; (7) provide for the manner in which

disbursement of the funds will be made; and (8) provide that all

related documentation must be provided to the county CFSA office no

later than July 15, 1995, for TAP assistance to eligible producers who

incurred losses in 1994 caused by damaging weather. Other provisions of

this final rule provide for: (1) Allowing county committees to reduce

yields for nonprogram crops; (2) determining producer shares for

disaster purposes; (3) specifying that owners of tobacco and peanut

farms must sign the disaster application; (4) specifying that sod,

sprigs, turf, trees, and shrubs must be dead before they are eligible

for a disaster program payment; (5) making the rules that were

applicable for the 1993 disaster program applicable for 1994, and (6)

making certain technical corrections.

The provisions of this final rule: (1) Include losses in 1993 of

nursery inventory of non-tree plants as well as tree and tree

seedlings, and seedlings grown from seedbeds, and losses in 1994 of

forest tree seedlings, orchard trees, and nursery inventory; (2) makes

technical changes to TAP to enhance the administration of the program;

and (3) sets forth the manner in which the application period for

disbursement of the funds made available by the Acts will be conducted.

In accordance with Public Law 101-624, Public Law 102-229, Public

Law 102-368, Public Law 103-211 and Public Law 103-311, TAP is required

to be offered for 1993 losses of nursery inventory, including non-tree

plants as well as tree seedlings and trees; and, 1994 losses of nursery

inventory, orchard trees planted to produce annual crops and all

commercial forest tree seedlings planted to produce timber, pulp or

Christmas trees that were lost due to damaging weather or related

conditions in 1993 or 1994.

Payments are provided for the amount of loss on each individual

stand that exceeds 35 percent of the stand, adjusted for normal

mortality. Payments provide 65 percent of the cost to replant or

rehabilitate that portion of the loss that exceeds this 35 percent plus

the normal mortality. Also, in accordance with the 1993 Act (Pub. L.

103-75) and Public Law 101-624, a 1993 TAP is authorized for orchard

trees, forest tree seedlings, and nursery inventory losses resulting

from damaging weather or related conditions (as defined in section 2251

of Public Law 101-624), in 1993.

List of Subjects

7 CFR Part 1477

Agriculture commodities, Disaster assistance, Fraud, Grant

programs/agriculture, Reporting and recordkeeping requirements.

7 CFR Part 1478

Disaster assistance, Grant programs/agriculture, Reporting and

recordkeeping requirements, Trees.

Accordingly, 7 CFR parts 1477 and 1478 are amended as set forth

below.

PART 1477--DISASTER PAYMENT PROGRAM FOR 1990 AND SUBSEQUENT YEARS

1. Authority: 15 U.S.C. 714b and 714c; 104 Stat. 3359, 105 Stat.

1701; 106 Stat. 117; 107 Stat. 241; 107 Stat. 739; 108 Stat. 3; 108

Stat. 2435; and 108 Stat. 3178.

2. Section 1477.1 is revised to read as follows:

Sec. 1477.1 General statement.

This part implements a Disaster Payment Program for the 1990

through 1994 crop years. The purpose of the program is to make disaster

payments available to eligible producers on a farm that has suffered a

loss of production or quality of 1990, 1991, or 1992 crops, not to

exceed 2 different crop years, and of 1993 and 1994 crops due to

damaging weather, to make payments for 1993, 1994, and 1995 crop losses

due to Hurricanes Andrew and Iniki and Typhoon Omar for nursery crops,

aquaculture, and tree crops including papaya, and make payments on 1993

losses of trees, shrubs, or nursery stock affected by disaster in 1993

that would have been sold in either 1993, 1994 or 1995, or related

condition affecting the crop year for the crop for which a disaster

application is made. This rule provides for 1994 crop losses from

natural disasters including acquaculture, except ornamental fish, and

provides payments to producers for 1995 through 1996 orchard crop

losses due to freezing if the loss occurred between January 1, 1994,

and March 31, 1994.

3. Section 1477.2 is revised to read as follows:

Sec. 1477.2 Administration.

(a) The program will be administered under the general supervision

of the Executive Vice President, CCC, and shall be carried out in the

field by State and county CFSA committees.

(b) State and county CFSA committees and representatives and

employees thereof do not have the authority to modify or waive any of

the provisions of this part as amended or supplemented.

(c) The State CFSA committee shall take any action required by this

part which has not been taken by a county CFSA committee. The State

CFSA committee shall also:

(1) Correct or require a county CFSA committee to correct, any

action taken by such county CFSA which is not in accordance with this

part; or

(2) Require a county CFSA committee to withhold taking any action

which is not in accordance with this part.

(d) CCC shall determine all yields and prices determined under this

part and may utilize any agency of the USDA in making such

determinations. To the extent practicable, CCC will use data provided

by the National Agricultural Statistical Service (NASS) and the CFSA.

Any reference in this part to NASS shall not restrict CCC from using

data from other sources.

(e) No delegation herein to a State or county CFSA committee shall

preclude the Executive Vice President, CCC, or a designee, from

determining any question arising under the program or from reversing or

modifying any determination made by a State or county Consolidated Farm

Service Agency committee.

4. Section 1477.3 is amended to add the following definitions

``CCC'', ``CFSA'', ``Contract Payments'', ``Crop signup period

(1994)'', ``Deputy Administrator'', ``Doublecropping'', ``Orchards'',

``Ornamental fish'' in alphabetical order; to revise the definitions

``Actual production'', ``Aquaculture'', ``Aquaculture facility'',

``Crop year'', ``Eligible crop'',

[[Page 52611]]

``Nonprogram crop''; to remove the definition of ``Double-cropped'' and

to amend the definition of ``Disaster payment yield'' by revising

paragraph (5) to read as follows:

Sec. 1477.3 Definitions.

* * * * *

Actual production means the quantity of the crop actually harvested

or which could have been harvested as determined by the county or State

CFSA committee in accordance with instructions issued by the Deputy

Administrator. In the case of sugarcane, the quantity of sugar produced

from such crop shall exclude acreage harvested for seed. For the crops

listed below, an appraisal will be required on any unharvested

production. If a producer has any harvested production of the crop, the

de minimis yield is not applicable. The appraisal must show that the

yield would be equal to or less than the de minimis yield for the de

minimis yield provision to apply. If an eligible producer has appraised

production equal to or less than the specified quantity for the

following commodities, such production shall be considered to be zero:

(1) Wheat--4 bushels per acre.

(2) Corn--9 bushels per acre.

(3) Grain Sorghum--6 bushels per acre.

(4) Barley--5 bushels per acre.

(5) Oats--7 bushels per acre.

(6) Upland cotton--66 pounds per acre.

(7) ELS cotton--33 pounds per acre.

(8) Rice--628 pounds per acre.

(9) Soybeans--2 bushels per acre.

(10) Sunflower, Oil--100 pounds per acre.

(11) Sunflower, Confectionery--100 pounds per acre.

(12) Safflower--50 pounds per acre.

(13) Flax--1 bushel per acre.

(14) Canola--50 pounds per acre.

(15) Rapeseed--50 pounds per acre.

(16) Mustard seed--50 pounds per acre.

Aquaculture means the propagation and rearing of aquatic species

from a commercial operation conducted on private land or in private

waters and in 1994 excludes ornamental fish.

Aquaculture facility for 1994 means a commercial operation

conducted on private land or in private waters.

CCC means the Commodity Credit Corporation.

CFSA means the Consolidated Farm Service Agency.

Contract payments means a guaranteed payment for production, as

opposed to delivery of a crop pursuant to a contract.

Crop signup period (1994) means the signup period ending March 31,

1995 (or other such date established by CCC), for assistance for

eligible producers who have incurred 1994 crop losses.

Crop year means the year harvest begins for the crop. However, for

valencia oranges harvested in 1991, 1992, 1993, and 1994, the crop

shall be considered to be a 1990, 1991, and 1993 crop respectively.

Deputy Administrator means the CFSA Deputy Administrator for Farm

Programs (Previously the Deputy Administrator, State and County

Operations (DASCO)).

Disaster payment yield means:

* * * * *

(5) For nonprogram crops (including honey per hive), the average of

the actual yields for the 3 years prior to the applicable disaster

year, in accordance with instructions issued by the CFSA, if eligible

producers are able to provide production evidence of actual crop yields

for any of the applicable years. If a producer is not able to provide

adequate production evidence for the 3 previous years, the county

committee shall use a yield that is equivalent to 65 percent of the

average county yield for the years without adequate records. The county

average yield shall be the average of the county average yields for the

5 years prior to the applicable disaster year, as determined by NASS,

excluding the year in which the yield was the highest and the year in

which the yield was the lowest. Crop yields for the 1994 Disaster

Assistance Program may be the same yield that was established for the

crop for 1993 unless the State committee finds a better source to

establish yields. In establishing county average yields for nonprogram

crops, the State committee shall use the best available information

concerning yields. Such information may include: NASS data, extension

service records, credible nongovernment studies, and yields for the

crop in similar counties. In the case of sod, sprigging turf, and trees

and shrubs, the crop must be dead to be eligible for a disaster

payment. For all nonprogram crops, the county committee may reduce the

yields set by the State committee for the county or an area of the

county, to what the county committee considers a normal yield if:

(i) Cultural practices, including the age of the planting or

plantings, are determined to be different from those that were used to

establish the yield; or

(ii) The yield was established on a State or area level and it is

determined that it was too high for the county or an area of the

county.

Doublecropping means the planting and harvesting of two or more

different crops on the same acreage during a crop year, as determined

by the county committee in accordance with instructions issued by the

Deputy Administrator.

Eligible crop for crop production losses means any of the 1990

through 1994 crops of wheat, feed grains, upland cotton, extra long

staple cotton, rice, peanuts, oilseeds, sugarcane, sugar beets,

tobacco, or nonprogram crops including ornamental crops, nursery crops,

and for 1990 through 1992, and for 1994, aquaculture production,

excluding ornamental fish for 1994.

Nonprogram crop means a crop including ornamentals such as

flowering shrubs, flowering trees, field or container grown roses, or

turf, and sweet potatoes produced on a farm for sale or exchange on a

commercial basis in a large enough quantity to have a substantial

impact on the producer's income, as determined by the county committee

in accordance with the instructions issued by the Agency, which is not

a crop of a target price commodity, quota or additional peanuts,

sugarcane, sugar beets, tobacco subject to marketing quotas, soybeans,

or sunflowers. For 1990 through 1992, and 1994 aquaculture production

is considered to be a nonprogram crop.

Orchards means an area of land devoted to the cultivation of fruit

trees and nut trees.

Ornamental fish for 1994 disaster purposes means any species of

fish not being grown for market as food or bait.

* * * * *

5. Section 1477.4 is amended by revising paragraph (c)(2),

redesignating paragraph (d) as paragraph (e), adding new paragraph (d),

and revising redesignated paragraph (e) to read as follows:

Sec. 1477.4 Availability of disaster payments.

* * * * *

(c) * * *

(2) Producers requesting 1993 through 1995 loss benefits in

accordance with Secs. 1477.22 and 1477.23.

(d) Eligible producers with a loss of production on a crop in

excess of 65 percent of expected production, and who are requesting

1994 crop loss benefits, or 1994 through 1996 losses on orchards, must

agree to obtain crop insurance, if available in the county, any time

during the disaster application period, as required under the Federal

Crop Insurance Act, as a condition of eligibility to receive such

disaster benefits. The requirement to purchase crop insurance for the

1995 crop year when there has been a loss in excess of 65 percent of

the 1994 crop or losses for 1994 through 1996 losses on orchards does

not supersede the requirement to

[[Page 52612]]

purchase crop insurance as set forth in 7 CFR part 402.

(e) The requirements of paragraphs (b) and (c) of this section are

waived if one of the following exists:

(1) Crop insurance is not available for the commodity for which a

disaster payment is requested;

(2) The amount of the producer's annual premium rate is greater

than 125 percent of the average premium rate on that commodity in the

county in which the producer is located;

(3) The amount of the premium is greater than 25 percent of the

amount of the disaster payment, deficiency forgiveness, or CFSA loans;

or

(4) The county committee determines, based on an appeal by the

producer, that the purchase of crop insurance would impose an undue

financial hardship on the producer.

6. Section 1477.5 is amended by revising paragraphs (a)

introductory text, (a)(1) through (a)(3), (b)(5), (c)(1), and (c)(2)

adding a new paragraph (c)(6); revising paragraph (f); redesignating

paragraph (g) as paragraph (h) and revising it; and adding new

paragraph (g) to read as follows:

Sec. 1477.5 Disaster benefits.

(a) Disaster payments for prevented planting, prevented harvest,

and law yield losses for eligible crops are authorized to be made to

producers who file an Application for Disaster Benefits (Form CCC-441)

in accordance with instructions issued by the Deputy Administrator if:

(1) The farm operator, or a producer with an interest in the crop,

submits an Application for Disaster Credit (Form ASCS-574) in

accordance with instructions issued by the Deputy Administrator;

(2) The farm operator, or a producer with an interest in the crop,

submits a report of production and disposition (Form ASCS-658) in

accordance with Sec. 1477.9;

(3) The farm operator, or a producer with an interest in the crop,

submits a Certification of Crop Insurance (Form CCC-440) in accordance

with Sec. 1477.9;

* * * * *

(b) * * *

(5) For purposes of determining the total quantity of 1990 through

1993 nonprogram crops and the total quantity of all 1994 crops that

producers on a farm are able to harvest, commodities which the county

committee determines cannot be sold in normal commercial channels of

trade are excluded.

* * * * *

(c) * * *

(1) The established target price for the applicable year's target

price commodities including acreage on farms enrolled in the applicable

year's acreage reduction program in accordance with 7 CFR 1413.49;

(2) The basic county loan rate for the applicable year's target

price commodities for producers on farms not enrolled in the applicable

year's acreage reduction program.

* * * * *

(6) The CFSA State committee may adjust downward the payment rate

established by the State committee for a crop by a factor established

by State committee using the following criteria:

(i) If a crop is produced with a significant and variable

harvesting expense, the factor will reflect the decreasing cost in the

production cycle of the crop that is:

(A) Harvested;

(B) Planted but not harvested; and

(C) Prevented from being planted because of drought, flood, or

other natural disaster.

(ii) [Reserved]

* * * * *

(f) Each eligible producer's share of a disaster payment shall be

based on the producer's share of the eligible crop loss. County

committees are authorized to establish a different division of the

disaster payment than stated above if they believe that the

circumstances warrant a different share.

(g) A producer who produces a crop under contract and receives a

guaranteed payment for production, as opposed to delivery of a crop

pursuant to a contract, shall have the production assigned to the crop

by the county committee equal to the amount of the contract payment

received. Such production amount shall be determined by dividing the

payment amount by the established basic rate for the crop.

(h) Crops and land use for which disaster benefits are not

applicable include:

(1) Crops not intended for harvest in the year for which disaster

benefits are requested.

(2) By-products resulting from processing or harvesting an eligible

crop, such as cotton seed, peanut hulls, and wheat or oat straw.

(3) Except for nursery crops, plants that produce an eligible crop,

such as strawberry plants and orange trees.

(4) Acreage intended for haying or grazing and designated as ACR or

CU for payment.

(5) Crops which the county committee has determined are not

eligible for acreage reduction program benefits as a result of failure

to comply with contract provisions.

(6) Crops planted as replacement crops on failed or prevented from

planted program crop acreage.

(7) Resource conserving use crops as ACR or CU for payment.

(8) Home gardens.

7. Section 1477.6 is revised to read as follows:

Sec. 1477.6 Establishment of different payment rates and yields for

the same nonprogram crop.

If any crop yield established for a county or other producing area

includes irrigated production, the State committee shall:

(a) establish a nonirrigated yield reflecting the expected yield

for the crop without irrigation. Such yield shall not exceed the NASS

yield. The State committee may set the nonirrigated yield to zero if no

production is expected without irrigation. A separate irrigated yield

shall not be established.

(b) (1) Producers of nonprogram crops, (except for soybeans, minor

oil seeds, sugar beets, sugarcane, quota and nonquota tobacco, peanuts

and hay) must provide actual production evidence and production costs

for the current year.

(2) Exceptions to paragraph (b)(1) of this section:

(i) If production evidence and production costs cannot be provided

for the current year, then 1 of the 3 previous years production and

production costs may be considered.

(ii) The payment yield shall be reduced to not less than 65 percent

of the established yield if just 1 of the 3 previous years evidence is

used.

(3) If production evidence or costs cannot be provided for the

current year or 1 of the 3 previous years, the payment yield shall be

reduced to zero, unless one of the following exceptions apply:

(i) If evidence is provided that a market was available for current

year production by providing one of the following:

(A) A contract for all expected production or all acres for which

disaster benefits are requested; or

(B) Some other acceptable evidence of a market such as a written

agreement with a grocer, retailer, wholesaler, or processor.

(ii) The county committee or Federal Crop Insurance Corporation

verifies physical evidence of the crops and determines the crop was

cared for in a workmanlike manner.

(4) If a producer meets either of the exceptions in paragraphs

(3)(i) and (3)(ii) of this section, the county committee has the

authority to reduce the yield to not less than 65 percent of the

established yield.

[[Page 52613]]

(5) The county committee may assign production based on similar

farms. The producer must file Form ASCS-574 within 15 calendar days of

the disaster occurrence. If no spot check was conducted, the county

committee must have personal knowledge of the disaster condition that

affected the crop.

8. Section 1477.7 is amended by revising paragraph (a),

redesignating paragraphs (b)(7) through (b)(9) as paragraphs (b)(8)

through (b)(10) and adding a new paragraph (b)(7) to read as follows:

Sec. 1477.7 Filing application for payment.

(a) Applications for payment shall be filed by the applicant with

the local CFSA office serving the county where the producer's farm is

located for administrative purposes.

(b) * * *

* * * * *

(7) Applications for payments made during the 1994 crop signup

period with respect to 1994 crop losses, low quality losses, and 1994

through 1996 losses resulting from freeze damage occurring from January

1, 1994, through March 31, 1994, must be filed by March 31, 1995.

* * * * *

9. Section 1477.9 is amended by revising paragraphs (a)(1) and

(a)(3) to read as follows:

Sec. 1477.9 Report of acreage, production disposition, and indemnity

payments.

(a) (1) Eligible producers shall report, in accordance with

instructions issued by the Deputy Administrator, the acreage,

production, and disposition of all commodities produced in an

applicable year on any acreage for which an application for a disaster

payment is filed. Such production reports submitted with respect to the

1994 signup period must be submitted by April 14, 1995; with respect to

the 1993 signup period by March 27, 1994; and with respect to the 1990

through the 1992 crop quality and curley top virus conditions in sugar

beets must be submitted by September 30, 1993; and with respect to 1993

through 1995 losses because of Hurricanes Andrew and Iniki and Typhoon

Omar must be submitted by October 8, 1993.

* * * * *

(3) If there has been a disposition of crop production other than

through commercial channels, the eligible producer must furnish such

documentary evidence as the county CFSA committee determines to be

necessary in order to verify the information provided by the producer.

* * * * *

10. Section 1477.10 is amended by revising paragraph (d)(2) and

introductory paragraph (e) to read as follows:

Sec. 1477.10 Payment limitations.

* * * * *

(d) * * *

(2) Persons filing an application during the 1994 crop signup

period who are subject to the provisions of paragraph (d)(1) of this

section must elect the provisions under which such payments or benefits

shall be received by notifying the county office of the election by

April 14, 1995.

(e) All disaster program applications within a specific signup

period submitted in accordance with this part, except 1993 or 1994 crop

applications, shall be totaled at the end of the signup period. In

order to ensure that there is no duplication of benefits, deficiency

payments made in accordance with part 1413 of this chapter and

emergency livestock feed program benefits made in accordance with part

1475 of this chapter shall not be made with respect to any loss of

production for which assistance is requested under this part.

Accordingly, the quantity of the loss of production otherwise eligible

for disaster assistance under this part on which a producer had

previously obtained a deficiency payment or an emergency livestock feed

program benefit shall be reduced. In order to make such a reduction,

the deficiency payments and emergency livestock feed program benefits,

except those payments applicable to the 1993 or 1994 crop year, shall

be adjusted by a national factor obtained by:

* * * * *

11. Section 1477.11 is amended by adding new paragraph (c) to read

as follows:

Sec. 1477.11 Special provisions for burley and flue-cured tobacco, and

peanuts.

* * * * *

(c) All operators and owners of tobacco or peanut farms must sign

the application for disaster.

12. Section 1477.13 is amended by revising paragraph (d) to read as

follows:

Sec. 1477.13 Refunds to CCC.

* * * * *

(d) In the event that the loss of production was established as a

result of erroneous information provided by any person to the county

CFSA office or was erroneously computed by such office, the loss of

production shall be recomputed and the payment due shall be corrected

as necessary. Any refund of payments which are determined to be

required as a result of such recomputation shall be remitted to CCC.

13. Section 1477.19 is amended by redesignating paragraphs (h)

through (m) as paragraphs (i) through (n) and adding new paragraphs (h)

and (o) to read as follows:

Sec. 1477.19 Other regulations.

* * * * *

(h) Part 791 of this title, Authority to Make Payments When There

Has Been a Failure to Comply Fully with the Program;

* * * * *

(o) Part 402 of this title, Catastrophic Risk Protection

Endorsement.

14. Section 1477.21 is amended to revise the introductory text,

redesignate paragraphs (b) through (e) as paragraphs (c) through (f)

and add a new paragraph (b) to read as follows:

Sec. 1477.21 Adjustment to crop production.

Notwithstanding any other provisions of this part, the following

provisions are applicable to producers of 1990 through 1994 crops of:

wheat, corn, barley, oats, grain sorghum, upland cotton, rice,

soybeans, sunflowers, peanuts, sugar beets, tobacco, and ELS cotton,

whose production has been affected by low quality due to an eligible

disaster.

* * * * *

(b) A request for assistance under this section must be submitted

to CCC at the CFSA office in the county where the farm is

administratively located by March 31, 1995, for 1994 crops.

* * * * *

15. Section 1477.22 is amended by revising paragraph (a)(1)

introductory text and adding new paragraph (a)(3) to read as follows:

Sec. 1477.22 1993, 1994, and 1995 crop losses due to Hurricanes Andrew

and Iniki and Typhoon Omar.

* * * * *

(a) * * *

(1) For nursery and aquaculture crops except papaya, CCC shall:

* * * * *

(3) For papaya, CCC shall determine the loss for each year 1993

through 1995 based on expected production and the recovery period as

determined by CCC.

(i) A request for assistance under this section must be submitted

to CCC at the county office in the county where the farm is

administratively located by April 13, 1994, and production data must be

submitted May 27, 1994, or such other dates as determined by CCC.

(ii) For papaya crops, the CCC shall determine the loss for each

year 1993 through 1995 based on expected production and that the papaya

plants would not have produced fruit for a lifetime total of more than

3 crop years based on normal cultivation practices.

[[Page 52614]]

(iii) The county committee has determined that papaya can be

harvested:

(A) Between 12 and 16 months after planting; or

(B) For a lifetime total of 3 years based on normal cultivating

practices.

(iv) The calculated payment shall be prorated to each year 1993

through 1995, for limiting payments according to Sec. 1477.10, based on

the percent of production that would have been sold in each of the

years 1993 through 1995.

(v) Any producer entitled to any payment may assign any such

payments in accordance with part 1404 of this chapter if the assignment

is made after December 1, 1994.

* * * * *

16. New Sec. 1477.23 is added to read as follows:

Sec. 1477.23 1993 losses of trees, shrubs, or nursery stock and

inventory.

The following provisions apply for 1993 losses of trees, shrubs, or

nursery stock and inventory grown for commercial sale that would have

been sold in either 1993, 1994, or 1995, but which were affected by

damaging weather or related condition.

(a) A request for assistance under this section and production

evidence must be submitted to the county office in the county where the

farm is administratively located by May 27, 1994.

(b) For trees, shrubs, or nursery crops and inventory, the county

committee shall:

(1) Determine one loss for 1993 through 1995 by reducing from the

inventory on hand at the time of the disaster, the inventory remaining

immediately after the disaster occurred; and calculate payments using a

rate based on the value of the product at the time of the loss.

(2) The calculated payment shall be prorated to each year 1993

through 1995, for limiting payments in accordance with Sec. 1477.10,

based on the percent of production that would have been sold in each of

the years.

(c) Any producer entitled to a payment may assign any such payments

in accordance with part 1404, if the assignment is made after September

9, 1994.

(d) Producers cannot receive tree assistance program benefits and

disaster assistance payments on the same production.

17. New Sec. 1477.24 is added to read as follows:

Sec. 1477.24 1995 and 1996 orchard crop losses.

To be eligible for disaster assistance payments, losses to orchard

crops must have resulted from a freeze that occurred between January 1,

1994, and March 31, 1994, and crop insurance was not available for

affected orchard crop producers in the county or area.

(1) CCC shall determine the loss for each year 1995 and 1996 based

on expected production and the recovery period, as determined by the

county committee.

(b) A request for assistance under this section must be submitted

to the county office in the county where the orchard is

administratively located by March 31, 1995, and production data must be

submitted by April 14, 1995, or other dates as determined by CCC.

(c) For such orchards subject to frost, the CFSA county committee

shall determine the loss for each of the years 1995 and 1996 based on

expected production for the orchard.

(d) The calculated payment shall be determined separately for 1994,

1995, and 1996. A separate application shall be taken for each year.

However, payments will be limited in accordance with Sec. 1477.10.

(e) Any producer entitled to any payment may assign any such

payments in accordance with part 1404 of this chapter if the assignment

is made after September 30, 1994.

Sec. 1477.25 [Redesignated as Sec. 1477.26]

18. Section 1477.25 is redesignated as Sec. 1477.26.

PART 1478--TREE ASSISTANCE PROGRAM

19. The authority citation for 7 CFR part 1478 is revised to read

as follows:

Authority: 7 U.S.C. 1421 note; 15 U.S.C. 714b and 714c; 104

Stat. 3359; 105 Stat. 1701; 106 Stat. 117; 107 Stat. 739; 108 Stat.

3; and 108 Stat. 2435.

20. Section 1478.1 is revised to read as follows:

Sec. 1478.1 General statement.

(a) The regulations in this part set forth the terms and conditions

of the Tree Assistance Program (TAP) authorized by title XXII of the

Food, Agriculture, Conservation, and Trade Act of 1990 (the 1990 Act).

Within specified limits, CCC is authorized by the 1990 Act to:

(1) Reimburse eligible owners for part of the cost of replanting,

reseeding, or repairing eligible trees to offset losses by an eligible

orhardist for trees that were planted in any year to produce annual

crops for commercial purposes but were lost due to damaging weather, or

related condition in 1994; and

(2) Reimburse eligible owners for part of the cost of replanting,

reseeding, or repairing seedlings which would have produced trees to be

harvested for commercial purposes which were planted in 1992 or 1993

and were lost in 1993 (1993 losses) and planted in 1993 or 1994 for

1994 losses, due to damaging weather, or related condition in 1993 and

1994. However;

(i) Such trees, seedlings or nursery inventory must be planted for

commercial purposes and may not be:

(A) Open-field-grown sod, grasses, legumes, and other plants, that

are grown in a manner that does not allow them to be counted

individually or by using statistical sampling; or

(B) Plants grown for shelterbelts and wildlife enhancement

plantings; and

(ii) If the request for assistance is for:

(A) Trees planted to produce annual crops, the losses must be due

to damaging weather or related condition;

(B) Seedlings planted to produce trees for harvest, the losses must

be due to damaging weather or related condition;

(C) Nursery inventory, the losses must be due to damaging weather

or related condition;

(D) Aquatic plants, the losses must be due to damaging weather or

related condition; and

(E) Owners must elect whether trees which qualify as either nursery

inventory or orchard trees may be enrolled as either but not be

enrolled as both nursery inventory and orchard trees.

(3) Reimburse eligible owners for an individual stand of nursery

trees or nursery plants.

(b) Such assistance may not exceed 65 percent of the eligible

reseeding costs and may be based on average costs or the actual costs

for the replanting practices, as determined by CCC, which, after

adjustments for normal mortality, exceed a 35 percent loss.

(c) Unless an extension, not to exceed 24 months is granted by the

State CFSA committee, all 1993 and 1994 TAP practices must be completed

within 24 months of the last day of the applicable signup. The State

CFSA committee shall only approve up to an additional 24 months when

delays are beyond the control of the applicants.

21. Section 1478.2 is amended by revising paragraph (a), adding new

paragraphs (c) (3) and (4) and revising paragraph (d) to read as

follows:

Sec. 1478.2 Administration.

(a) This part shall be administered by CCC under the general

direction and supervision of the Executive Vice President, CCC. The

program shall be carried out in the field by CFSA State

[[Page 52615]]

and county committees (State and county committees).

* * * * *

(c) * * *

(3) Require the county committee to approve late-filed requests

received after signup ends only for those owners who applied late due

to circumstances beyond their control as determined by the county

committee.

(4) Require the county committee to approve applications only for

those owners of trees and plants who actually owned the trees at time

of the eligible disaster at the time of application.

(d) No delegation herein to a State or county committee shall

preclude the Executive Vice President, CCC, or a designee, from

determining any question arising under the program or from reversing or

modifying any determination made by a State or county committee.

22. Section 1478.3 is revised to read as follows:

Sec. 1478.3 Definitions.

(a) In determining the meaning of the provisions of this part,

unless the context indicates otherwise, words importing the singular

include and apply to several persons and things, words importing the

plural include the singular, words importing the masculine gender

include the feminine, and words used in the present tense include the

future as well as the present.

(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 1497 of this chapter:

(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 1497.3 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 tax year preceding the

year during which the losses occurred.

Approving official means a representative of CCC who is authorized

by the Executive Vice President, CCC, to approve an application for

assistance made in accordance with this part.

CCC means the Commodity Credit Corporation.

CFSA means the Consolidated Farm Service Agency.

County means a county or similar geographic area as determined by

CCC.

Deputy Administrator, or Deputy Administrator, CFSA, U.S.

Department of Agriculture.

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. Federal, State, and local

governments and agencies and political subdivisions thereof are

specifically excluded. In determining whether an individual or other

entity is an eligible owner, such person, as determined under part 1497

of this chapter, must own 1,000 acres or less of trees which: produce

annual crops for commercial purposes; or are grown for harvest for

commercial purposes. Such person, as determined under part 1497, must

also have annual gross revenue of $2.0 million or less, as determined

under this part. Such person must also have owned the trees when the

natural disaster occurred and when the application is submitted. As

successor-in-interest, the applicant is allowed to receive TAP benefits

if an otherwise eligible person:

(1) Acquires ownership of land or trees for which TAP benefits have

been applied;

(2) Agrees to complete all practices which the original owner has

not completed;

(3) Agrees to maintain the practice during the lifespan;

(4) Agrees to receive any remaining payments and assumes full

responsibility for all provisions of TAP, including refund of payments

made to the original participant, if necessary; and

(5) Agrees to provide a signed and dated written agreement to

county committee for approval of any successor-in-interest.

Eligible trees means:

(1) For, 1993 and 1994 losses, nursery inventory which are

determined by CCC to have been planted for commercial sale.

(2) For the 1993 and 1994 losses, forest tree seedlings, orchard

trees, and nursery inventory, including non-tree plants.

Executive Vice President means the Executive Vice President, CCC,

or a designee of the Executive Vice President.

Harvest means the removal of the tree from the ground by the

cutting and removal of the whole tree at its base in a manner which

separates the tree from its root system.

Natural Disaster means damaging weather or related condition in

1993 for nursery inventory; and, 1994 for nursery inventory, orchard

trees and forest tree seedlings, including the Midwest Floods of 1993.

Losses of plants caused by damaging weather must be directly caused by

the weather to be eligible for TAP.

Individual stand means an area of eligible trees which are tended

by an eligible owner as a single operation, whether or not such trees

or plants are planted in the same field or similar location, as

determined by CCC.

Differing species of trees or plants in the same field or similar

area may be considered to be separate individual stands if CCC

determines that the species have significantly differing levels of

freeze, drought, earthquake, hurricane, or typhoon susceptibility.

Local county office means with respect to individual stands of

eligible trees which are grown on a farm:

(1) Which has been assigned an CFSA farm serial number, the county

CFSA office which services such farm; or

(2) Which has not been assigned an CFSA farm serial number, the

county office which services the county in which such stand is located.

Normal mortality means:

(1) With respect to a request for relief for trees planted to

produce annual crops the average extent of plant death on the

individual stand which normally would have occurred with respect to

eligible seedlings during the 12 months previous to the loss with

respect to which assistance is requested under this part without regard

to any detrimental conditions which do not regularly effect seedling of

tree survival rates in the local area, as determined by the county

committee in accordance with instructions issued by CFSA.

(2) With respect to a request for relief for seedlings planted to

produce trees for harvest the average extent of plant death on the

individual stand which normally would have occurred with respect to

eligible seedlings during the period between the time of planting and

the time of the loss with respect to which assistance is requested

under this part without regard to any detrimental conditions which do

not regularly effect

[[Page 52616]]

seedling or tree survival rates in the local area, as determined by the

county committee in accordance with instructions of the Deputy

Administrator.

(3) With respect to nursery inventory planted for commercial

purposes, the average extent of plant death on the individual stand

which normally would have occurred with respect to eligible nursery

inventory during the 12 months previous to the loss with respect to

which assistance is requested under this part without regard to any

detrimental conditions which do not regularly affect nursery inventory

survival rates in the local area, as determined by the county committee

in accordance with instructions issued by CFSA.

Nursery inventory means all commercial nursery plants grown for

transplant or sale, including aquatic plants, ornamental, field or

container grown plants, excluding open grown field grown sod, grasses,

legumes, and similar plants as determined by the Deputy Administrator.

Operator means a person who is in general control for the tree

farming operations as determined by CCC.

Seedling means a tree or plant which was planted in the ground for

commercial purposes.

State means any State of the United States, the Commonwealth of

Puerto Rico, the Virgin Islands, or Guam.

State committee, State office, county, committee, or county office,

means the respective CFSA committee or CFSA office.

Subsequent signup period means the signup period for assistance for

1993 and 1994 losses which will be held only when the President

declares an economic emergency as specified in Public Law 103-211 and

Public Law 103-330.

(c) In the regulations in this part and in all instructions, terms,

and documents in connection therewith, all other words and phrases

specifically relating to CFSA operations shall, unless the context of

the subject matter otherwise requires, have the meanings assigned to

them in the regulations governing reconstitution of farms, allotments,

and bases in part 719 of this title.

23. Section 1478.4 is revised to read as follows:

Sec. 1478.4 Program availability.

(a) A request for assistance under this part made available during

the initial signup period must be submitted to CCC at the county office

in the county where the farm is administered by March 31, 1995.

(b) Final signup period means the signup period beginning on May 9,

1994, and ending on July 29, 1994, for 1993 nursery losses; November

21, 1994, through March 31, 1995, for 1994 losses; or other such date

as established by CCC. All related documentation shall be submitted no

later than July 15, 1995, for assistance to eligible producers who have

incurred losses in 1994 caused by damaging weather.

24. Section 1478.5 is amended by revising paragraphs (a), (c), and

(d) and adding a new paragraph (e) to read as follows:

Sec. 1478.5 Qualifying loss.

(a) A person shall be eligible to receive assistance under this

part with respect to losses due to damaging weather, including but not

limited to drought, freeze, earthquake, or related conditions in 1993

or 1994; in addition, losses due to hurricane, typhoon, or related

conditions in 1993 or 1994; only if such owner is an eligible owner, as

defined in this part and has sustained a qualifying loss of eligible

trees, tree seedlings, or nursery inventory as determined by CCC. The

only type of losses which may be considered qualifying are the

following:

(1) A qualifying loss of an individual stand of trees on which the

total mortality rate exceeded 35 percent plus the normal mortality rate

by an eligible owner, who is an orchardist and who is the owner of the

eligible trees planted in any year for commercial purposes, which are

lost as a result of a freeze, earthquake, or related conditions in 1993

or 1994, or freeze, earthquake, hurricane, typhoon, or related

conditions in 1993 or 1994 or damaging weather or related conditions in

1993 or 1994 as determined by the county committee in accordance with

the instructions of the Deputy Administrator;

(2) A qualifying loss of an individual stand of trees on which the

total mortality rate exceeds 35 percent plus the normal mortality rate

by an eligible owner who grows trees for harvest for commercial

purposes and is the owner of the eligible tree seedlings which were

either planted in 1993 or 1994 and were lost due to drought,

earthquake, or related conditions in 1993 or 1994 or planted in 1993 or

1994 and were lost due to damaging weather, including drought,

earthquake, hurricane, typhoon, or related conditions in 1993 or 1994,

as determined by the county committee in accordance with instructions

of the CFSA; or

(3) A loss by an eligible owner who grows nursery inventory for

commercial purposes which is lost as a result of damaging weather, or

related conditions in 1993 for nurseries, and 1994 for nurseries,

orchards and forest trees, as determined by the county committee in

accordance with instructions of the Deputy Administrator.

* * * * *

(c) When visible evidence of losses no longer exists on the site

where the trees 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.

(d) Losses from 1994 disasters with respect to nursery inventory

plants that produced an annual crop which was also lost are eligible if

assistance was not provided with respect to such plant under part 1477

of this chapter. Payment under TAP is also authorized for owners who

replant or rehabilitate orchard trees when the crop from such trees are

also enrolled for benefits under part 1477 of this chapter. A person

shall be eligible to receive assistance under this part for 1993 crop

losses (forest tree seedlings, orchard trees, and nursery inventory)

resulting from damaging weather or related conditions as associated

with the conditions (as defined in sec. 2251 of Public Law 101-624) in

1993, Public Law 103-211 in 1993 and Public Law 103-330 in 1994. Also,

a person shall be only eligible to receive assistance on that portion

of nursery inventory plants enrolled under part 1477 of this chapter

that did not receive direct benefits under part 1477 of this chapter.

The portion which did not receive direct benefits under part 1477 of

this chapter shall be that portion of the loss for which no

compensation is made because loss levels had not reached the minimum

threshold required before any payment can be earned.

(e) Eligible plants exclude plants:

(1) That were planted under the Conservation Reserve Program; and

(2) That were the subject of any cost-share assistance or other

assistance under any other Federal program, unless approved in writing

by the CFSA.

25. Section 1478.6 is amended by revising paragraph (a) and adding

a new paragraph (e) to read as follows:

Sec. 1478.6 Eligible costs.

(a) Payments under this part shall be made by CCC and may be made

only to the extent that payment is specifically provided for in this

part. CCC shall, under this part, to the extent of the availability of

funds, reimburse an eligible owner for 65 percent of the eligible costs

of re-establishing seedlings, trees, or nursery plants, not in

[[Page 52617]]

excess of the number of seedlings, trees, or nursery plants

constituting the qualifying loss. Such reimbursement may be based on

average costs or the actual costs for the replanting, reseeding, or

repairing practices, as determined by CCC. Producers with trees, or

nursery plants, who are eligible for both disaster and TAP payments

must choose from which program they want to receive payment. That

portion of plants enrolled under part 1477 of this chapter that did not

receive direct benefits are eligible for TAP. The first 35 to 40

percent uninsured mortality for which part 1477 of this chapter

benefits are not provided is defined as not receiving direct payment

and may be eligible for TAP. If the costs are to replace lost trees, or

nursery plants, the costs shall only be for replacement seedlings or

plants of a size and quality determined by CCC to be sufficient for

that purpose. The costs for which cost-sharing shall be permitted shall

only be the costs of the seedlings or nursery plants, tree or plant

rehabilitation measures, site preparation measures, and debris handling

measures that are normal cultural practices for the type of individual

stand being re-established and necessary to ensure successful plant

survival; chemicals and nutrients if needed to ensure successful plant

survival; labor used to physically plant or rehabilitate such seedlings

as based on standard labor rates as determined by the county committee;

and nursery plant containers and tree wraps. Eligible costs

specifically exclude items such as fencing, irrigation, irrigation

equipment, measures to protect seedlings from wildlife, and general

land and tree stand improvements, and re-establishing greenhouse

structures and windscreens.

* * * * *

(e) Payments made shall be at the minimum level needed to re-

establish the individual stand, as determined by the State committee

or, if redelegated, by the county committee.

26. Paragraph (b) in Sec. 1478.7 is amended by removing ``DASCO''

and adding in its place ``Deputy Administrator.''

27. Section 1478.8 is amended by revising paragraph (b)(4) and

paragraph (c) and (d) to read as follows:

Sec. 1478.8 Obligations of an eligible owner.

* * * * *

(b) * * *

(4) Maintain the practice for either 5 years after installation,

unless CCC determines that a shorter period is necessary, or 10 years

if the trees established on acreage received previous Federal cost-

share assistance for tree establishment. Nursery inventory has no

practice maintenance requirement.

(c) In the event of a determination by CCC that a person was

erroneously determined to be eligible or has become ineligible for all

or part of a payment made under this part for any reason, including a

failure to comply with the terms and conditions of this part, or other

condition for payment imposed by the county or State CFSA committee or

the Deputy Administrator such person shall refund any payment paid

under this part together with interest. Such interest shall be charged

at the rate determined for late payment charges under part 1403 of this

chapter and computed from the date of disbursement by CCC of the

payment to the date of the refund.

(d) Eligible owners who have been paid but choose not to implement

their practices by the final practice expiration date shall refund

their payments with interest. Interest on these refunds shall be

calculated beginning on the date the payment was disbursed. Such refund

amounts may be reduced by CCC, at CCC's discretion, when only part of

the required replanting practice is not implemented.

* * * * *

28. Section 1478.9 is revised to read as follows:

Sec. 1478.9 Payment limitations.

(a) The amount of payments which any person, as determined in

accordance with part 1497 of this chapter, may receive under this part

in connection with losses of orchard trees planted for an annual crop

of fruit, nuts, syrup, or other related commercial products shall not

exceed $25,000 for 1990 losses due to freeze, earthquake, or related

condition; $25,000 for 1991 losses due to freeze, earthquake, or

related condition; $25,000 for 1992 losses due to freeze, earthquake,

or related condition; $25,000 for 1992 losses due to hurricane,

typhoon, or related condition; $25,000 for 1993 losses resulting from

damaging weather or related conditions; $25,000 for 1994 losses

resulting from damaging weather or related conditions associated with

the conditions (as defined in sec. 2251 of Public Law 101-624.

Participants may elect not to replant the maximum amount of eligible

trees because of the limitation being reached for payment limitation

purposes or any other reason. If an original owner has entered into TAP

and the ownership of land or trees is transferred to another owner,

county offices shall not pay an increased amount for the trees covered

by the original agreement because of an increase in the number of

``persons'' associated with the new ownership.

(b) The amount of payments which any person, as determined in

accordance with part 1497 of this chapter, may receive under this part

in connection with losses of forest tree seedlings planted to produce

trees for harvest shall not exceed $25,000 for 1990 losses due to

drought, earthquake, or related conditions; $25,000 for 1991 losses due

to drought, earthquake, or related conditions; and $25,000 for 1992

losses due to drought, earthquake, or related conditions; and $25,000

for 1992 losses due to hurricane, typhoon, or related conditions;

$25,000 for 1993 losses resulting from damaging weather or related

conditions; $25,000 for 1994 losses due to damaging weather or related

conditions associated with the condition (as defined in sec. 2251 of

Public Law 101-624. Participants may elect not to replant the maximum

amount of eligible trees because of the limitation being reached for

payment limitation purposes or any other reason. If an original owner

has entered into TAP and the ownership of land or trees is transferred

to another owner, county offices shall not pay an increased amount for

the trees covered by the original agreement because of an increase in

the number of ``persons'' associated with the new ownership.

(c) The amount of payments which any person, as determined in

accordance with part 1497 of this chapter, may receive under this part

in connection with losses of nursery inventory shall not exceed $25,000

for 1992 for losses due to hurricane, typhoon, and related conditions;

for $25,000 for 1993 for losses due to damaging weather or related

conditions; and $25,000 for 1994 for losses due to damaging weather or

related conditions.

29. Section 1478.10 is revised to read as follows:

Sec. 1478.10 Liens and claims of creditors; set-offs.

Any payment or portion thereof due any person under this part shall

be allowed without regard to questions of title under State law, and

without regard to any claim or lien in favor of any person except

agencies of the U.S. Government. The regulations governing set-offs and

withholdings found at part 1403 of this chapter shall be applicable to

this part.

30. Section 1478.11 is revised to read as follows:

Sec. 1478.11 Appeals.

Any person who is dissatisfied with a determination made with

respect to this part may make a request for

[[Page 52618]]

reconsideration or appeal of such determination in accordance with the

appeal regulations set forth at part 780 of this title or as

established by the National Appeals Division, USDA whichever is

applicable.

31. Section 1478.12 is revised to read as follows:

Sec. 1478.12 Misrepresentation and scheme or device.

(a) A person who is determined by the State committee or the county

committee to have:

(1) Adopted any scheme or device which tends to defeat the purpose

of this program;

(2) Made any fraudulent representation; or

(3) Misrepresented any fact affecting a program determination shall

be ineligible to receive assistance under this program.

(b) All moneys paid by CCC under this part to any such person or to

any other person as a result of such person's actions shall be refunded

to CCC with interest together with such other sums as may become due.

The party engaged in acts prohibited by this section and the party

receiving payment shall be jointly and severally liable for any refund

due under this section and for related charges. The remedies provided

to CCC in this part shall be in addition to other civil, criminal, or

administrative remedies which may apply.

32. Section 1478.14 is revised to read as follows:

Sec. 1478.14 Death, incompetency, or disappearance.

In the case of death, incompetency or disappearance of any owner

who is eligible to receive assistance in accordance with this part,

such person or persons specified in part 707 of this title may receive

such assistance.

33. Section 1478.16 is revised to read as follows:

Sec. 1478.16 Paperwork Reduction Act assigned numbers.

The information collection requirements of this part have been

submitted to the Office of Management and Budget (OMB) for purposes of

the Paperwork Reduction Act and the OMB Number 0560-0082 has been

assigned.

Signed at Washington, DC, on October 3, 1995.

Bruce R. Weber,

Acting Executive Vice President, Commodity Credit Corporation.

[FR Doc. 95-24915 Filed 10-4-95; 2:53 pm]

BILLING CODE 3410-05-M