[Federal Register Volume 63, Number 17 (Tuesday, January 27, 1998)]
[Rules and Regulations]
[Pages 3791-3792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1916]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 17 / Tuesday, January 27, 1998 / 
Rules and Regulations  

[[Page 3791]]


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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.

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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]
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