[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Notices]
[Pages 11584-11585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5494]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency


Notice of Funds Availability; Tree Assistance Program for 
Michigan Tree, Vine and Bush Losses Due to Fire Blight

AGENCY: Farm Service Agency, USDA.

ACTION: Notice.

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SUMMARY: This notice announces the availability of $9,700,000 for the 
Tree Assistance Program (TAP) to provide assistance to orchardists who 
had tree, vine or bush losses in Michigan due to fire blight that 
occurred since January 1, 2000.

DATES: Applications will be accepted until March 25, 2004, or such 
other date as announced by the Deputy Administrator for Farm Programs 
of the Farm Service Agency (FSA).

FOR FURTHER INFORMATION CONTACT: Eloise Taylor, Chief, Compliance 
Branch, Production, Emergencies and Compliance Division, FSA/USDA, Stop 
0517, 1400 Independence Avenue SW., Washington, DC 20250-0517; 
telephone (202) 720-9882; e-mail: [email protected]. Persons 
with disabilities who require alternative means for communication of 
regulatory information, (Braille, large print, audiotape, etc. should 
contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: 

Background

    TAP was authorized but not funded by section 10201 of the Farm 
Security and Rural Investment Act of 2002 (Pub. L. 107-171) (7 U.S.C. 
8201) to provide assistance to eligible orchardists to replant trees, 
bushes and vines that were grown for the production of an annual crop 
and were lost due to a natural disaster. This notice sets out a

[[Page 11585]]

special program within TAP for certain fire blight losses in Michigan. 
Fire blight is a destructive bacterial disease of trees caused by 
Erwinia Amylovora that attacks succulent tissues of blossoms, shoots, 
water sprouts and root suckers, and produces an infection that may 
extend into scaffold limbs, trunks or root systems, and may kill the 
tree. Section 3602 of the Emergency Supplemental Appropriations Act, 
2003 (Pub. L. 108-83) provides that the Secretary of Agriculture shall 
use $9,700,000 of the funds of the Commodity Credit Corporation, to 
remain available until expended, to provide assistance under TAP to 
compensate eligible orchardists for tree losses incurred since January 
1, 2000, due to fire blight in the State of Michigan. Assistance will 
be subject to regulations and restrictions governing the new TAP 
provided in the 2002 Act. Those regulations were published March 2, 
2004 (69 FR 69 FR 9744) and are found at 7 CFR part 783. Also, the 
restrictions of the statute apply. Those include a requirement of 
replanting, a limitation on payments by ``person'', a limitation on 
acres for which relief can be claimed, a requirement that the loss be 
tied to a natural disaster, and others. If after the claims filed 
during the allowed period set out in this notice are received, the 
available funds are less than the eligible claims a proration will be 
made. Claims are limited to 75 per cent of the cost of replanting on 
eligible acres and are subject to claims per person of $75,000 and a 
limit on a claim to costs on no more than 500 acres. If monies are, by 
contract, left over, additional sign ups or claims may be entertained 
as announced by the Deputy Administrator for Farm Programs of the FSA 
on behalf of FSA and CCC. The Deputy Administrator may waive or amend 
deadlines to the extent not prohibited by the statute. Statutory TAP 
provisions dealing with the availability of seedlings do not apply here 
because no seedlings are available and the fire blight provisions 
specifically call for the use of CCC funds. All claims are subject to 
the availability of funds.

Applications

    Applications will be accepted until March 25, 2004, or such other 
date as announced by the Deputy Administrator for Farm Programs of FSA.
    Application forms are available for TAP at FSA county offices or on 
the Internet at http://www.fsa.usda.gov. A complete application for TAP 
benefits and related supporting documentation must be submitted to the 
county office before the deadline.
    A complete application will include all of the following:
    (1) A form provided by FSA;
    (2) A written estimate of the number of trees, bushes or vines lost 
or damaged which is prepared by the owner or someone who is a qualified 
expert, as determined by the FSA county committee;
    (3) The number of acres on which the loss was suffered;
    (4) Sufficient evidence of the loss to allow the county committee 
to calculate whether an eligible loss occurred; and
    (5) Other information as requested or required by regulation.

    Signed at Washington, DC March 2, 2004.
James R. Little,
Administrator, Farm Service Agency.
[FR Doc. 04-5494 Filed 3-10-04; 8:45 am]
BILLING CODE 3410-05-P