[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Notices]
[Pages 43177-43178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20843]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency


Income Assistance for Grape Vine Losses Due to Pierce's Disease

AGENCY: Farm Service Agency, USDA.

ACTION: Notice of intent to make monies available to the State of 
California for grower losses due to Pierce's disease.

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SUMMARY: Section 203 of the Agricultural Risk Protection Act of 2000, 
Pub. Law 106-224, addresses losses caused to growers for losses due to 
Pierce's disease. As set out in this notice, it appears specifically 
that it was the intent of Congress that $7 million be made available to 
the State of California to cover such losses in that State. In this 
notice, it is proposed that the payment be made to the State should the 
State agree to undertake the disposition of the funds to growers under 
such standards as the State might develop.

FOR FURTHER INFORMATION CONTACT: Sharon Biastock, telephone (202) 720-
6336.

DATES: Comments on this notice must be received by September 17, 2001 
to be assured of consideration.
    Submit written comments to:

ADDRESSES: Sharon Biastock, Production, Emergencies and Compliance 
Division, Farm Service Agency (FSA), STOP 0517, U.S. Department of 
Agriculture, 1400 Independence Avenue SW., Washington, DC 20250-0540, 
telephone (202) 720-6336; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Section 203(e) of the Agricultural Risk 
Protection Act of 2000 (ARPA), Public Law No. 106-224, provided in a 
subsection entitled ``Grower Compensation'' that of amounts made 
available under section 261(a)(2) of that

[[Page 43178]]

Act $25,000,000 should be used by the Secretary to compensate growers 
for losses on several specifically-named plant diseases. No particular 
breakdown of whom should be paid was set out in the statute, nor was a 
particular area identified for payments or a particular disposition 
specified in the statute for dividing up the funds among the eligible 
causes of loss. However, among the covered causes of losses covered in 
section 203(e) was that covered in section 203(e)(1)(C), which 
specified that monies could be used to pay growers for losses due to 
Pierce's disease, a disease that can damage vines. In this respect, the 
Managers report that accompanied ARPA specified that: ``With respect to 
Pierce's disease, the Managers expect the Secretary to utilize at least 
$7,140,000 in a manner that enables the California Department of Food 
and Agriculture to utilize such funding for state and local efforts to 
contain and control Pierce's disease, which is devastating agricultural 
areas in southern California, and is moving northward. Funds are needed 
immediately to monitor for the earliest signs of the diseases and to 
inspect nursery stock prior to shipment. The disease is spread by a 
vigorous and difficult to control insect called the glassy-winged 
sharpshooter. This insect is a major problem, but the elimination of 
the insect would not eliminate the disease.'' Some ambiguity exists in 
the Manager's Report because the Manager's Report referred to monies 
being expended for eradication efforts and the text of the law referred 
to payments to growers for their losses. Also of note is section 
261(a)(2) of ARPA. That subsection specified that funding will be 
available for section 203, but it was further specified in section 262 
of ARPA that funds made available under section 261(a)(2) must be 
obligated and expended in fiscal year 2001, which ends September 30, 
2001. Further, section 804 of the Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 2001 
(2001 Appropriations Act) provides that the Secretary could use the 
funds of the Commodity Credit Corporation (CCC) to administer and make 
payment for losses not otherwise compensated to compensate growers for 
losses due to Pierce's disease. CCC does plan to provide for coverage 
of such losses generally in the crop loss program being implemented 
under sections 804 and 815 of the 2001 Appropriations Act and will do 
so for growers in all affected areas. In using the discretionary 
authority under section 804 CCC has planned to treat Pierce's disease 
in the same manner as other losses covered by section 815, which 
incorporates by reference to previous disaster programs provisions for 
a payment limitation and a gross income test for eligibility.
    In order to assure that any funds for these losses are used to 
compensate grape growers for vine losses it is proposed in this notice 
that, as set forth in the Manager's Report accompanying this provision, 
that $7,140,000 be made available to the State of California for losses 
resulting from Pierce's disease infection spread by the Glassy-wing 
sharpshooter. These funds would be made available directly to the State 
and the State would decide how it would distribute funds among affected 
growers. All comments favorable or unfavorable to this disposition 
should be addressed to the person above by the indicated date.
    By statute, the funds under section 203 must be expended by 
September 30, 2001. Accordingly, it does not appear feasible to do 
anything but make the payment to the State of California. The State 
would be allowed to deduct from the sums made available to growers 
those sums needed to administer the program. If the State was unwilling 
to take on the burden of disposing of the funds then the fund would go 
unexpended. As provided under section 804 of the 2001 Appropriations 
Act, any payments received by producers as a result of disbursements 
under section 203 of ARPA (that is, any disbursement resulting from the 
payment contemplated by this notice) would count against that person's 
eligibility under the program administered by CCC under section 804.

    Signed at Washington, DC, on August 13, 2001.
James R. Little,
Acting Administrator, Farm Service Agency.
[FR Doc. 01-20843 Filed 8-15-01; 10:02 am]
BILLING CODE 3410-05-P