[Federal Register Volume 69, Number 84 (Friday, April 30, 2004)]
[Notices]
[Pages 23721-23722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9800]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / 
Notices  

[[Page 23721]]



DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation


Livestock Indemnity Program for Livestock Losses Due to Southern 
California Fires

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Notice of funds availability.

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SUMMARY: The Commodity Credit Corporation (CCC) is issuing this notice 
to inform interested parties of the availability of $500,000 to provide 
assistance to producers who suffered livestock losses due to wild fires 
in Southern California. Assistance will be provided in the same manner 
as the assistance provided under terms applicable to a previous 
Livestock Indemnity Program.

DATES: The Farm Service Agency (FSA) will begin accepting applications 
on April 15, 2004. The application deadline is June 14, 2004, or such 
other date as determined by FSA's Deputy Administrator for Farm 
Programs.

FOR FURTHER INFORMATION CONTACT: Eloise Taylor, Chief, Compliance 
Branch, Production, Emergencies and Compliance Division, FSA, 1400 
Independence Ave., SW., Washington, DC 20250-0517, (202) 720-9882, or 
e-mail at: [email protected] or http://www.regulations.gov. 
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:

Paperwork Reduction Act

    The collection of information from the public to implement this 
program has been approved by the Office of Management and Budget under 
Control Number 0560-0179.

Background

    This notice provides California Livestock Indemnity Program terms 
and conditions, and informs affected parties that they may be eligible 
for benefits. Section 102(g) of Division H of the Consolidated 
Appropriations Act, 2004 (Public Law 108-199, January 23, 2004), 
provided $500,000 of funds of the CCC for a livestock indemnity program 
in Southern California ``under the heading `Commodity Credit 
Corporation' '' in the 1999 emergency Supplemental Appropriations Act, 
Public Law 106-31. That provision is accompanied in Section 102 with 
other provisions addressing recent wildfire losses. In accord with the 
understood intent of the livestock provision, the CCC is making 
available by this notice $500,000 for those losses, namely in Southern 
California, to livestock owners in the counties of Ventura, San 
Bernardino, Santa Barbara, San Diego, Riverside, and Los Angeles who 
suffered eligible livestock losses from wildfires in the fall of 2003. 
No claims will be paid except upon the filing of a proper application 
during the application period as announced in this notice. All claims 
are subject to the availability of funds. Owners will be compensated by 
livestock category as established by CCC. The owner's loss must be the 
result of the wild fires and in excess of normal losses, as established 
by CCC, for the owner's livestock operation. The requirements as set 
forth below apply as do any additional terms as may be imposed in the 
application process by the agency.
    Comments and questions concerning this notice may be directed to 
Eloise Taylor at the address above. However, because the nature of the 
relief, it has been determined that a delay in this action would be 
contrary to the public interest, and Congressional intent. Thus, the 
notice is effective immediately.

I. How To Apply

    (A) Livestock owners must submit the application for benefits at 
the FSA service center for the area in which the livestock was lost. 
Except as otherwise provided in this notice, owners must meet all 
eligibility requirements as codified at 7 CFR part 1439, Subpart A. 
Further, expect as otherwise provided in this notice, the terms and 
conditions, requirements, and definitions of the regulations published 
in the Federal Register on November 1, 1999 (64 FR 58766), for the 
livestock indemnity program provided in Public Law 106-31 shall apply.
    (B) The livestock owner shall provide any available supporting 
documents that will assist the FSA county committee, or is requested by 
the county committee, including, but not limited to:
    (1) Evidence of the quantity of eligible livestock that perished in 
the natural disaster, such as purchase records, veterinarian receipts, 
bank loan papers, rendering truck certificates, Federal Emergency 
Management Agency and National Guard records, auction barn receipts, 
and any other documents available to confirm the presence of the 
livestock and subsequent losses; and
    (2) Evidence, including any documents available, confirming that 
the disaster was responsible for the livestock losses.
    (3) Certifications by the owner and other such documentation the 
county committee determines to be necessary to verify the information 
provided by the owner. Third-party verifications may be accepted only 
if the owner certifies in writing that there is no other documentation 
available. Third-party verification must be signed by the verifying 
party. Failure to provide documentation that is satisfactory to the 
county committee will result in the disapproval of the application.

II. Payment Limitations

    (A) Funding for the program is limited to $500,000. In the event 
that amount is insufficient to pay all approved claims, CCC will reduce 
the payments for all eligible and timely submitted claims on a pro rata 
basis or other method deemed appropriate by CCC.
    (B) The total amount of benefits that a person may receive, as 
determined in accordance with 7 CFR Part 1400, shall not exceed 
$50,000.

III. Who Is Eligible

    Eligible producers for California LIP payments are livestock owners 
in the Southern California counties of Ventura, San Bernardino, Santa 
Barbara, San Diego, Riverside, and Los Angeles who suffered livestock 
losses from wildfires in the fall of 2003, and to livestock producers 
in Kern or Tulare county who suffered livestock losses from the McNally 
fire in 2002.

[[Page 23722]]

IV. Eligibility Determinations

    Eligibility determinations will be made by the county committee 
upon receipt of all necessary data. Ineligible causes of loss are those 
that are not a direct result of the wild fires.
    A person, as defined in 7 CFR Part 1400, who has annual gross 
revenue in excess of $2.5 million shall not be eligible for benefits 
from this program.

V. Payment Calculations

    (A) LIP payments will be based on the owner's share of the lost 
livestock.
    (B) Payments will be calculated by multiplying the national payment 
rate for the livestock category, as determined by CCC, by the number of 
qualifying animals determined in paragraph I, above.

VI. General

    (A) LIP will be under the supervision of the Deputy Administrator 
for Farm Programs, who will have the authority to modify terms and 
conditions of the program in order to achieve the purposes of the 
program.
    (B) Livestock owners shall certify the accuracy of the information 
provided. All information provided is subject to verification and spot 
checks by CCC. Failure to provide information requested by the county 
committee or by agency officials is cause for denial of any 
application.
    (C) The livestock owner must agree to the final terms and 
conditions.
    (D) For additional information, affected livestock owners should 
contact Eloise Taylor at the address shown above.
    (E) Payments are subject to administrative offset.

VII. Appeals

    Once all claims have been submitted, individual applicants will 
have 30 days to challenge the payment amount with the county committee.

    Signed at Washington, DC, April 20, 2004.
Michael W. Yost,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 04-9800 Filed 4-29-04; 8:45 am]
BILLING CODE 3410-05-P