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must also be an individual or entity that is a citizen of the United States (U.S.); a resident alien; a partnership of citizens of the U.S.; or a corporation, limited liability corporation, or other farm organizational structure organized under State law. An eligible livestock producer shall only be eligible for assistance if the livestock producer meets the risk management purchase requirement by obtaining a policy or plan of insurance or filed the required paperwork and paid the administrative fee by the applicable State application closing deadline date for the Noninsured Crop Disaster Assistance Program (NAP) for the grazing land crop that incurred the loss for which assistance is being requested. For 2008 only, a waiver was authorized to allow producers to pay a buy-in fee or receive a waiver by September 16, 2008, for grazing land for which the producer did not obtain a policy or plan of insurance for 2008. The risk management purchase requirement will be waived for producers who are considered to be a socially disadvantaged farmer or rancher, limited resource farmer or rancher, or beginning farmer or rancher.

Credentials/Documentation:

A livestock producer must certify that they have a grazing loss due to drought or fire. There is no minimum loss percentage required by the producer. A livestock producer must provide an FSA-925 (LFP application for payment) in there administrative FSA county office along with required supporting documents.

Supporting Documentation includes:

CCC-502 Farm Operating Plan for Payment Eligibility Review, applicable for 2008 calendar year

CCC-901 Members Information 2009 and Subsequent Years, applicable for 2009 and subsequent years

AD-1026 - Highly Erodible Land Conservation and Wetland Conservation
Certification, applicable for 2008, 2009, 2010, and 2011

CCC-526 Payment Eligibility Average Adjusted Gross Income Certification for 2008

CCC-926 Average Adjusted Gross Income Statement for 2009 and Subsequent Years

Copy of contract grower contract

Report of acreage for the grazing land is owned or leased

Evidence that grazing land is owned or leased

Evidence of meeting risk management purchase requirement or an approved waiver. This program is excluded from coverage under OMB Circular No. A-87.

Preapplication Coordination:

Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedures:

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Award Procedure:

Payment Eligibility for Losses Due To Drought

An eligible livestock producer will be eligible to receive payments for grazing losses for qualifying drought equal to one, two, or three times the monthly payment rate. Total LFP payments to an eligible producer in a calendar year for grazing losses due to a qualifying drought will not exceed three monthly payments for the same livestock. To be eligible for a one month payment, the eligible livestock producer must own or lease grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D2 severe drought (intensity) in any area of the county for at least 8 consecutive weeks during the normal grazing period for the specific type of grazing land or pastureland in the county. To be eligible for a two month payment, the eligible livestock producer must own or lease grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D3 extreme drought (intensity) in any area of the county at any time during the normal grazing period for the specific type of grazing land or pastureland for the county. To be eligible for a three month payment, the eligible livestock producer must own or lease grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at lease a D3 extreme drought (intensity) in any area of the county for at least four weeks during the normal grazing period for

the specific type of grazing land or pastureland for the county, or is rated as having a D4 exceptional drought (intensity) in any area of the county at any time during the normal grazing period for the specific type of grazing land or pastureland for the county. The monthly payment rate for grazing losses due to a qualifying drought for producers who suffer grazing losses on grazing lands located in a county due to drought will be equal to 60 percent of the lesser of the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer or the monthly feed cost calculated using the normal carrying capacity of the eligible grazing land of the eligible livestock producer. If an eligible livestock producer sold or otherwise disposed of covered livestock due to a qualifying drought in one or bother of the two production year immediately preceding the current production year, the payment rate is 80 percent of the monthly payment rate.

Payment Eligibility For Losses Due To Fire

Livestock producers who suffer grazing losses on grazing lands managed by a Federal agency due to a fire, will receive a payment equal to 50 percent of the monthly feed cost for the number of days the producer is prohibited from grazing the managed range-land because of the qualifying fire, not to exceed 180 calendar days. The payment begins on the first day the permitted livestock are prohibited from grazing the eligible range-land and ending on the earlier of the last day of the Federal lease of the eligible livestock producer or the day that would make the period a 180 calendar day period.

Deadlines:

Dec 10, 2009 To apply for LFP, producers that suffer eligible grazing losses during 2008 must file FSA-925 and required supporting documentation by no later that December 10, 2009. Producers that suffer eligible grazing losses during 2009 and later years must submit a completed FSA-925 and supporting documentation to the administrative FSA county office no later than 30 calendar days after the end of the calendar year in which the grazing loss occurs. Late filed applications will not be accepted. Range of Approval/Disapproval Time:

Not Applicable.

Appeals:

Not Applicable. Renewals:

Not Applicable.

Formula and Matching Requirements:

Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance:

There are no restrictions place on the time permitted to spend the money
awarded. Method of awarding/releasing assistance: lump sum.
Reports:

Not Applicable. Audits:

Not Applicable. Records:

No Data Available.

Account Identification:

12-5531-0-2-351. Obligations:

(Direct Payments for Specified Use) FY 11 $211,977,371; FY 12 est $198,000,000; and FY 13 est $0 - Supplemental Agricultural Disaster Assistance is only effective for losses incurred as the result of a disaster, adverse weather, or other environmental conditions that occurred on or before September 30, 2011.

Range and Average of Financial Assistance:

No Data Available.

PROGRAM ACCOMPLISHMENTS: Not Applicable.

REGULATIONS, GUIDELINES, AND LITERATURE:

Not Applicable.

Regional or Local Office:

See Regional Agency Offices.

Headquarters Office:

Scotty Abbott LFP Program Manager

USDA, FSA, Deputy Administrator for Farm Programs

Production, Emergencies, & Compliance Division (PECD)

1400 Independence Ave SW Stop 0517

, Washington, District of Columbia 20250 Email: scotty.abbott@wdc.usda.gov Phone: 202-720-7997 Fax: 202-690-2130

Website Address:

http://www.fsa.usda.gov

RELATED PROGRAMS:

Not Applicable.

EXAMPLES OF FUNDED PROJECTS:

Not Applicable.

CRITERIA FOR SELECTING PROPOSALS:

Not Applicable.

10.090 SUPPLEMENTAL REVENUE ASSISTANCE PROGRAM SURE

FEDERAL AGENCY:

Farm Service Agency, Department of Agriculture
AUTHORIZATION:

The Food, Conservation, and Energy Act of 2008 (The Farm Bill), Title X11, Part B, Section 12033, Public Law 110-246, 7 U.S.C 1501; The Trade Act of 1974, Section 902, Public Law 93-618; The American Recovery and Reinvestment Act of 2009 (ARRA), Public Law 111-5; The Food, Conservation, and Energy Act of 2008, Title XV, Section 15101, Public Law 110-246.

OBJECTIVES:

The objective of the SURE program is to provide financial assistance for farm revenue losses due to natural disaster. Assistance is provided from the Agricultural Disaster Relief Trust Fund (Trust Fund) established under Public Law 110-246. The Secretary of Agriculture (henceforth the Secretary) has the authority to use the Trust Fund to make crop disaster assistance payments to eligible producers on farms in disaster counties whose actual production is less than 50 percent of their normal production. A disaster county means a county included in the geographic area covered by a qualifying natural disaster declaration by the Secretary. SURE is the 2008 Farm Bill's successor to the prior Crop Disaster Programs. SURE is legislated through fiscal year 2011. TYPES OF ASSISTANCE:

Direct Payments for Specified Use

USES AND USE RESTRICTIONS:

SURE assistance can provide benefit payments to eligible producers who have suffered eligible crop losses due to a natural disaster. To be eligible for crop loss assistance, a producer must show that the actual production on the farm for at least one crop of economic significance is reduced for at least 10 percent due to disaster, adverse weather, or disaster-related conditions. Payment limitations apply for SURE. For 2008, no person may receive more than $100,000 total for the 2008 program year under the Emergency Assistance for Livestock, Honeybees, and Farm Raised Fish Program (ELAP), Livestock Forage Disaster Program (LFP), Livestock Indemnity Program (LIP), and SURE. For 2009 and subsequent program years, no person or legal entity, excluding joint ventures and general partnerships my receive, directly or indirectly, more than $100,000 total per program year under ELAP, LFP, LIP and SURE. Producers or legal entities whose average adjusted gross income (AGI) exceeds $2.5 million in crop year 2008 shall not be eligible for benefit payments unless 75 percent or more of the income is from agriculture. For 2009 and subsequent years, the average AGI income cap changes to $500,000 of non-farm income, with no on-farm income cap. SURE assistance will be provided to an eligible producer

in the amount equal to 60 percent of the difference between the SURE Guarantee and the total farm revenue. The SURE guarantee for the farm cannot be greater than 90 percent of the total of the normal production of the farm. There are specific eligibility criteria a producer must meet before becoming eligible for assistance. To be eligible, a producer (for all of the farming operation's crops that are planted or intended nationwide) must have obtained a policy or plan of crop insurance such as Catastrophic Risk Protection (CAT) for all insurable crops and/or Non-insured Crop Disaster Assistance Program(NAP) coverage for non-insurable crops that are of economic significance. However, statue does not require coverage for grazed crops for the SURE program. Sales closing dates for insurance and application closing dates for NAP have passed for the 2008 crop year for all insurable and non-insurable crops. A waiver was authorized in Public Law 110-246 to allow producers to pay within 90 calendar days of the enactment, a buy-in-fee to be eligible for Supplemental Agricultural Disaster Assistance for crops for which the producer did not obtain crop insurance or NAP coverage for 2008. The administrative service fee is equal to the lesser of $100 per crop per county, or $300 per producer per county, not to exceed $900 per multi-county producer. The final date for the buy-in fee was September 16, 2008. The American Recovery and Reinvestment Act of 2009 (ARRA), Public Law 111-5, authorized an additional waiver which allows producers another opportunity to pay a buy-in-fee for 2008 Supplemental Agricultural Disaster Assistance. The buy-in fee must be paid within 90 calendar days of the enactment of ARRA. The buy-in fee is $100 per crop, but not more than $300 per producer per administrative county, or $900 total per producer for all counties less any previously paid fees for NAP relief and other buy-in. Producers must buy-in for all non-insurable and insurable crops that are not already covered by NAP, crop insurance, or meet the previous waivers. The fee is nonrefundable and due at the time a producer files FSA-752 and/or FSA-753. Crop insurance and NAP coverage are not a requirement if the producer is considered a Socially Disadvantaged, Limited Resource, or Beginning Farmer or Rancher.

Applicant Eligibility:

An eligible applicant or eligible "producer on a farm", is an individual or entity who assumes the production and market risks associated with the agricultural production of crops or livestock. An individual or entity is a citizen of the United States (U.S.), a resident alien, or a partnership of citizens of the U.S. Beneficiary Eligibility:

The SURE program will provide financial assistance to an eligible producer on a farm who has insurable or noninsurable commodity or agricultural commodity (except livestock) for which the producer on a farm is eligible to obtain a policy or plan of insurance. Benefits are also extended to the Socially Disadvantaged Farmer or Rancher who has been subject to racial or ethnic prejudice because of his or her identity as members of a group without regard to there individual qualities; a beginning farmer or rancher who has not operated a farm or ranch for more than 10 years and materially and substantially participates in the operation; and limited resource producer with direct or indirect gross farm sales not more than $100,000 in both of the previous two years, adjusted upwards for any general inflation since fiscal year 2004, and if the total household income is at or below the national poverty level for a family of four or less than 50 percent of county median household income in bother of the previous two years.

Credentials/Documentation:

No Credentials or documentation are required. This program is excluded from coverage under OMB Circular No. A-87.

Preapplication Coordination:

Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedures:

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. An eligible producer must provide a total crop acreage report (FSA-578) including crops on cropland and non-cropland in all counties that the producer has interest. The total farm acreage report includes native and improved grass that will be hayed or grazed, all grazing land and uninsurable land by either crop insurance or NAP coverage and file an AD-1026.

Award Procedure:

The applicant will submit the required forms to applicants local FSA office. Applications will be reviewed and the award will be distributed based on 60 percent of the difference of the SURE guarantee and total farm revenue calculation. Total farm revenue include estimated crop value, crop insurance indemnities, NAP payments, Market Assistance Loan proceeds, other disaster payments, DCP payments (15% of direct payments, plus all Counter-Cyclical and ACRE payments. To assist farmers and ranches in evaluating their options with SURE, USDA has created a SURE calculator. To utilize the calculator, visit the website www.fsa.usda.gov. The calculator and instructions linked on the FSA website are for informational purposes only. This calculator in no way binds FSA to potential payments under SURE and should not be relied on as the sole source of information to make final management decisions. Deadlines:

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time:

Not Applicable.

Appeals:

From 60 to 90 days.

Renewals:

Not Applicable.

Formula and Matching Requirements:

Statutory formulas are not applicable to this program.

Matching requirements are not applicable to this program.

MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance:

Not applicable. Method of awarding/releasing assistance: lump sum. Reports:

Not Applicable.

Audits:

Not Applicable.

Records:

No Data Available.

Account Identification:

12-5591-0-2-351 - Recovery Act SURE; 12-5531-0-2-351. Obligations:

(Direct Payments for Specified Use) FY 11 $149,923,518; FY 12 est $0; and FY 13 est $0 - No Recovery Act SURE funding can be obligated beyond FY 2010, but there was an obligation adjustment in FY 2011. This is a new program, so there was no funding in FY 2008 and 2009. (Direct Payments for Specified Use) FY 11 $760,730,071; FY 12 est $985,095,000; and FY 13 est $1,372,000,000 - Regular SURE Payments.

Range and Average of Financial Assistance:

This is a new program. Range and average of financial assistance can not be determined.

PROGRAM ACCOMPLISHMENTS:

Not Applicable.

REGULATIONS, GUIDELINES, AND LITERATURE:

Not Applicable.

Regional or Local Office:

See Regional Agency Offices. Headquarters Office:

Steve Peterson, USDA, Deputy Administrator for Farm Programs, Production, Emergencies, and Compliance Division, Disaster Assistance Branch, 14th and Independence Ave SW, Stop 0517, Washington, District of Columbia 20250 Email: Steve.Peterson@wdc.usda.gov Phone: (202) 720-5172 Fax: (202) 720-0051.

Website Address:

http://www.fsa.gov

RELATED PROGRAMS:

Not Applicable.

EXAMPLES OF FUNDED PROJECTS:

Not Applicable.

CRITERIA FOR SELECTING PROPOSALS:

Not Applicable.

10.091 EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEYBEES, AND FARM-RAISED FISH PROGRAM

(ELAP)

FEDERAL AGENCY:

Farm Service Agency, Department of Agriculture
AUTHORIZATION:

The Trade Act of 1974, Public Law 93-618, 19 U.S.C 2947a.
OBJECTIVES:

The objective of ELAP is to provide emergency assistance to eligible producers
of livestock, honeybees, and farm-raised fish who have losses due to disease,
adverse weather, or other conditions, including losses due to blizzards and
wildfires, as determined by the Secretary of Agriculture (Secretary). Assistance
is provided from the Trust Fund established under Public Law 110-246. ELAP
assistance is for losses not covered under other Supplemental Agricultural
Disaster Assistance Payment programs specifically Livestock Forage Program
(LFP), Livestock Indemnity Program (LIP), and the Supplemental Assistance
Program (SURE). ELAP is authorized for fiscal years 2008 through September
30, 2011.

TYPES OF ASSISTANCE:

Direct Payments for Specified Use

USES AND USE RESTRICTIONS:

ELAP covers losses occurring on or after January 1, 2008 and before October 1, 2011. Public Law 110-246, Sections 12033 and 15101, authorized the Secretary to provide payments to producers of livestock, honeybees, and farm-raised fish to aid in the reduction of losses due to disease, adverse weather, or other conditions such as blizzards and wildfires. ELAP also covers some species, loss conditions, and losses that are not eligible for other disaster assistance programs, including colony collapse disorder and wildfires on non-Federal land. Assistance will be granted only to eligible livestock, honeybee, and farm-raised producers. ELAP benefits, compensation, or relief will be strictly used to compensate eligible losses. The Secretary has the authority to use up to $50 million per year from the Trust Fund to provide emergency relief to eligible producers. For program year 2008, no person may receive more than $100,000 total in payments under ELAP, LFP, LIP, SURE, combined. For 2009 and subsequent program years, no person or legal entity may receive directly or indirectly, more than $100,000 total in payments under ELAP, LFP, LIP, and SURE combined.

Applicant Eligibility:

To be considered an eligible applicant, the participant must be a producer or contract grower of livestock, honeybee, or farm-raised fish that meet the requirements to receive ELAP payments.

Beneficiary Eligibility:

Eligible producers of livestock, honeybees, and farm-raised fish will receive the ultimate benefits from ELAP. An eligible producer of livestock is an owner that provides the pastureland or grazing land. An eligible producer of honey bee's mean all bees and beehives in all counties are intended to be harvested for a honey crop. An eligible producer of farm-raised fish means any aquatic species that is propagated and reared in a controlled environment. Credentials/Documentation:

Risk Management Purchase Requirement (RMPR)

For every commodity on every farm in which the producer has an interest for the relevant program year, the producer must obtain catastrophic coverage (CAT) or better under a policy or plan of insurance administered under the Federal Crop Insurance Act (FCIA). In the case of non-insurable commodity, the producer must obtain the Noninsured Crop Disaster Assistance Program (NAP) coverage by filing the required paperwork and paying the administrative fee by the applicable state application closing date, except this requirement will

not include forage on grazing land.

Due to the lateness of P.L. 110-246, producers were allowed to "buy-in" to the ELAP for 2008 by paying fees equivalent to the NAP service fee or CAT fee by September 16,2008. If a producer who is otherwise ineligible because of the purchase requirement and did not meet the buy-in deadline of September 16, 2008, still may be eligible for ELAP if the producer paid the applicable fee no later than May 18, 2009.

For 2009, the RMPR was waived for insurable crops where sales closing dates for crop insurance coverage occurred before August 14, 2008, if the buy-in fee was paid by January 12, 2009. This program is excluded from coverage under OMB Circular No. A-87.

Preapplication Coordination:

Producers are required to obtain CAT or NAP coverage prior to applying for ELAP benefits. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372. Application Procedures:

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. To apply for ELAP, the participant that suffered eligible livestock, honeybee, or farm-raised fish losses must submit the FSA administrative county office that maintains the participant's farm records the following:

1. A Notice of Loss for calendar years 2008 and 2009 must be provided no later than May 5, 2010 and for subsequent year losses, the producer must provide a notice of loss to FSA the earlier of 30 calendar days of when the loss is apparent to the producer or 30 calendar days after the end of the calendar year in which the loss occurred.

2. A complete application for payment no later than May 5, 2010 for calendar years 2008 and 2009 and for subsequent crop years, January 30, after the year in which the loss occurred.

Award Procedure:

Livestock payment calculations will be based on losses for no more than 90 days during the calendar year. ELAP payments for feed losses will be based on 60 percent of the producers actual cost for livestock feed, that was purchased or mechanically harvested for forage or feedstuffs; the additional cost incurred for providing or transporting livestock feed or to purchase additional livestock feed above normal to maintain the eligible livestock due to an eligible adverse weather or eligible loss condition. Grazing losses will be calculated based on 60 percent of the lesser of the total value of the feed cost for all covered livestock based on the number of days grazing was lost, not to exceed 90 days of daily feed cost for all covered livestock or the total value of grazing lost for all eligible livestock based on the normal carrying capacity of the eligible grazing land. Livestock death losses will be calculated by multiplying the national payment rate for each livestock category times the number of eligible livestock that died in each category as a result of an eligible loss condition in excess of normal mortality.

ELAP payments for honeybee losses will be based on 60 percent of the actual cost of honeybee feed that was damaged or destroyed and intended as feed for an eligible honeybee colony. Payments for honeybee colony losses will be based on 60 percent of the average fair market value of the honey bee colonies in the year in which the loss occurred times the number of honey bee colonies that were damaged or destroyed. Payments for honeybee hive losses will be based on 60 percent of the average fair market value of the honey bee hives in the year in which the loss occurred, times the number of honey bee hives that were damaged or destroyed due to an eligible adverse weather or eligible loss condition.

ELAP payments for eligible farm-raised fish feed losses are based on 60 percent of the actual cost of purchased or harvested feed that was intended as feed for eligible farm-raised fish and was damaged because of an eligible adverse weather or loss condition in the calendar year in which the loss occurred Payments for farm-raised fish death losses will be based on 60 percent of the State's average fair market value of the bait or game fish times the

number of bait or game fish lost due to an eligible adverse weather or loss condition.

Deadlines:

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time:

Not Applicable. Appeals:

Appeal regulations set forth at parts 11 and 780 of 7CFR. Renewals:

Not Applicable.

Formula and Matching Requirements:

Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance:

There are no restrictions place on the time permitted to spend the money awarded. Method of awarding/releasing assistance: lump sum.

Reports:

Not Applicable. Audits:

Not Applicable. Records:

The producer or any other legal entity or person who provides information enabling a producer to receive payments must maintain any books, records and accounts supporting the information for three years following the end of the year during which the request for payment was submitted and allow authorized representatives of USDA and the U.S. Government Accountability Office during regular business hours, to inspect, examine, and make copies of such books or records, and to enter the farm and to inspect and verify all applicable acreage in which the producer has an interest for the purpose of confirming the accuracy of information provided by or for the producer. Account Identification:

12-5531-0-2-351.

Obligations:

(Direct Payments for Specified Use) FY 11 $8,420,914; FY 12 est $20,000,000; and FY 13 est $0 - Supplemental Agricultural Disaster Assistance is only effective for losses incurred as the result of a disaster, adverse weather, or other environmental conditions that occurred on or before September 30, 2011. Range and Average of Financial Assistance:

No Data Available.

PROGRAM ACCOMPLISHMENTS:

Not Applicable.

REGULATIONS, GUIDELINES, AND LITERATURE: 7CFR Part 760

Federal Register Vol 74, No. 175, dated September 11, 2009
Regional or Local Office:

See Regional Agency Offices.
Headquarters Office:

Amy Mitchell, USDA, FSA, Production, Emergencies, & Compliance Division, 1400 Independence Ave SW Stop 0517, Washington, District of Columbia 20250 Email: Amy.Mitchell1@wdc.usda.gov Phone: (202) 720-8954 Fax: (202) 690-2130.

Website Address: http://www.fsa.gov

RELATED PROGRAMS:

10.088 Livestock Indemnity Program; 10.089 Livestock Forage Disaster Program; 10.090 Supplemental Revenue Assistance Program EXAMPLES OF FUNDED PROJECTS:

Not Applicable.

CRITERIA FOR SELECTING PROPOSALS: Not Applicable.

10.092 TREE ASSISTANCE PROGRAM

(TAP)

FEDERAL AGENCY:

Farm Service Agency, Department of Agriculture
AUTHORIZATION:

Food, Conservation, and Energy Act of 2008 (2008 Farm Bill), Title XII, Part
A, Section 12033 and 15101, Public Law 110-246, 7 U.S.C 1501; The
American Recovery and Reinvestment Act of 2009 (ARRA), Public Law 111-5.
OBJECTIVES:

The Tree Assistance Program (TAP) provides financial assistance to qualifying orchardists and nursery tree growers to replant or rehabilitate eligible trees, bushes and vines affected by natural disasters and suffered mortality losses in excess of 15 percent, after adjustment for normal mortality occurring on or after January 1, 2008, and before October 1, 2011. TAP was authorized by the 2008 Farm Bill and is funded through the Agricultural Disaster Relief Trust Fund under Section 902 of the Trade Act of 1974.

TYPES OF ASSISTANCE:

Direct Payments with Unrestricted Use

USES AND USE RESTRICTIONS:

Assistance will be provided for eligible trees, bushes, and vines from which an annual crop is produced for commercial purposes. Nursery trees include ornamental, fruit, nut and Christmas trees produced for commercial sale. Trees used for pulp or timber are ineligible.

Applicant Eligibility:

An eligible applicant is an orchardist or a nursery tree grower who has planted trees for commercial purposes but lost the trees as a direct result of a natural disaster. The term "tree' includes a tree, bush, and vine. An eligible orchardists is a person who produces annual crops from trees for commercial use. An eligible nursery tree grower is a person who produces nursery, ornamental fruit, nut or Christmas trees for commercial sale.

Beneficiary Eligibility:

Beneficiary eligibility will be provided to an owner who has trees, bushes or vines lost by a natural disaster who suffer qualifying losses in excess of 15 percent (adjusted for normal mortality) from an eligible natural disaster for the individual stand; must have owned the eligible trees, bushes and vines when the natural disaster occurred; however, eligible growers are not required to own the land on which eligible trees, bushes and vines are planted; and must replace eligible trees, bushes and vines within 12 months from the date the application is approved.

Credentials/Documentation:

In general, orchardists and nursery tree growers must have obtained a policy or plan of insurance for all their insurable or NAP eligible crops through either Federal Crop Insurance Act or FSA's Non-insured Crop Disaster Assistance Program (NAP). Eligible producers who meet the definition of "Socially Disadvantaged', "Limited Resource", or "Beginning Farmer or Rancher' do not have to meet this requirement. This program is excluded from coverage under OMB Circular No. A-87.

Preapplication Coordination:

Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedures:

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. For 2009 through 2011 TAP payment limitations, no person or legal entity may receive, directly or indirectly, more than $100,000 per program year. For 2008, payments are limited per "person" according to payment limitations rules in effect for 2008. For cumulative total quantity of acres planted to trees, bushes, or vines where a producer may receive TAP payments for losses occurring

between January 1, 2008 and September 30, 2011, cannot exceed 500 acres. The Adjusted Gross Income (AGI) limitations for 2009 and subsequent program years for producers or legal entities whose average non farm AGI exceeds $500,000 are not eligible and for the 2008 program year, producers are not eligible if their average AGI is $2.5 million or greater, unless 75% or more of their AGI is from agriculture.

In order for a participant to obtain a TAP payment, the eligible applicant must (1) File an application (FSA-899) at the FSA administrative county office that maintains the applicants farm records for the agricultural operation, within the applicable sign-up deadline. A complete application includes, a completed Form FSA-899; certification that Risk Management Purchase Requirement has been met on all crops on the farm; must have an acreage report for the farming operation; a written estimate of the number of trees, bushes, or vines lost or damaged is certified by the producer or a qualified expert, including the number of acres on which the loss occurred; and sufficient evidence of the loss to allow the county FSA committee to calculate whether an eligible loss occurred. (2) FSA staff will make a field visit and validate which practices are appropriate to address the losses. After verification, FSA will inform the producer of the approved eligible practices and estimated payment. Additional information may be requested to assist FSA representative in making its determination. (3) Applicant must complete the approved practices within 12 months of FSA approval. Payments will be made after all practices are completed on the stand. Producers that suffer multiple losses during the calendar year may file multiple applications for payment.

Award Procedure:

For tree, bush or vine replacement including replanting and the cost of seedlings, the payment calculation is the lesser of the following:

1) 70% of the actual cost of the practice, or

2) the amount calculated for each practice using the established rates.

3) For salvaging existing trees, bushes, or vines, including the cost of pruning, removal, or

other costs, the payment calculation is the lesser of the following: 50% of the actual cost

of the practice, or the amount calculated for each practice using the established rates.

Deadlines:

May 10, 2010 to Jul 06, 2010 orchardists and nursery tree growers may apply to receive TAP benefits at local FSA county offices beginning May 10, 2010. For losses suffered during calendar year 2008 and 2009 and for losses suffered January 01 2010 through May 7, 2010, applications and supporting documentation must be submitted by July 6, 2010. For those losses that occur after May 7, 2010, applications and supporting documentation must be submitted within 90 days from either the date of the disaster or when the disaster becomes apparent to the producer.

Range of Approval/Disapproval Time:
From 30 to 60 days.
Appeals:

Not Applicable. Renewals:

Not Applicable.

Formula and Matching Requirements:

Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance:

The orchardist or nursery tree grower must replace eligible trees, bushes and
vines within 12 months from the date the application is approved. Payment is
made by check or direct deposit after determining applicant eligibility. Method
of awarding/releasing assistance: lump sum.
Reports:

Not Applicable. Audits:

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