Tree Assistance Program

DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 783

Commodity Credit Corporation

7 CFR Part 1478

RIN 0560-AF17

Tree Assistance Program

AGENCIES: Farm Service Agency and Commodity Credit Corporation, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The purpose of this final rule is to adopt as final, with

change, the interim rule published in the Federal Register on September

29, 1997 (62 FR 50850). This final rule sets forth the regulations

necessary for implementing the 1997 Tree Assistance Program (TAP). The

Act Making Emergency Supplemental Appropriations for Recovery from

Natural Disasters for the fiscal year ending September 30, 1997 (the

Act), authorized TAP assistance to small orchardists to replace or

rehabilitate trees and vineyards damaged by natural disasters. Due to

limited funds appropriated for this program, the losses for which

reimbursement is sought are limited to natural disasters that occurred

between October 1, 1996, and September 30, 1997. Cost-share assistance

may not exceed 100 percent of the eligible replacement or

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

costs for the replanting practices, as determined by the Deputy

Administrator for Farm Programs.

EFFECTIVE DATE: Final rule effective January 26, 1998.

FOR FURTHER INFORMATION CONTACT: David M. Nix, Production, Emergencies,

and Compliance Division (PECD), Farm Service Agency (FSA), USDA, 1400

Independence Avenue, SW., STOP 0517, Washington, DC 20012-0517,

telephone (202) 690-4091, e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined to be not significant and was

not reviewed by the Office of Management and Budget (OMB) under

Executive Order 12866.

Regulatory Flexibility Act

The Regulatory Flexibility Act is not applicable to this rule

because the Farm Service Agency (FSA) is not required by 5 U.S.C. 553

or any other provision of law to publish a notice of proposed

rulemaking with respect to the subject matter of this rule.

Environmental Evaluation

An Environmental Evaluation with respect to the Tree Assistance

Program 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.

Executive Order 12372

This program is not subject to the provisions of Executive Order

12372, which require 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).

Executive Order 12988

This rule has been reviewed in accordance with Executive Order

12988. The provisions of this 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 to October 1, 1996. Before any

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

the administrative remedies must be exhausted.

Executive Order 12612

It has been determined that this rule does not have sufficient

Federalism implications to warrant the preparation of a Federalism

Assessment. The provisions contained in this rule will not have a

substantial direct effect on States or their political subdivisions or

on the distribution of power and responsibilities among the various

levels of government.

Unfunded Mandates Reform Act of 1995

This rule contains no Federal mandates under the regulatory

provisions of Title II of the Unfunded Mandates Reform Act of 1995

(UMRA) for State, local, and tribal governments or the private sector.

Therefore, this rule is not subject to the requirements of sections 202

and 205 of the UMRA regulations.

Discussion of Changes

No comments were received in response to the interim rule issued on

September 29, 1997. However, during the administration of this program,

FSA discovered a need for clarification regarding duplication of

benefits which will be set forth in this final rule.

Clarification provides if an owner is eligible to receive payments

under this part, catastrophic risk protection crop insurance program (7

CFR part 402), and non-insured 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.

List of Subjects in 7 CFR Parts 783 and 1478

Disaster assistance, Grant programs--agriculture.

Accordingly, the interim rule set forth at 7 CFR part 783 which was

published September 29, 1997, is adopted as a final rule with the

following change:

PART 783--1997 TREE ASSISTANCE PROGRAM

1. The authority citation for part 783 continues to read as

follows:

Authority: Pub. L. 105-18, 111 Stat. 158.

2. Section 783.8 paragraph (c) is revised to read as follows:

Sec. 783.8 Application process.

* * * * *

(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

[[Page 3792]]

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.

Signed at Washington, D.C., on January 20, 1998.

Bruce R. Weber,

Acting Administrator, Farm Service Agency and Acting Executive Vice

President, Commodity Credit Corporation.

[FR Doc. 98-1916 Filed 1-26-98; 8:45 am]

BILLING CODE 3410-05-P