None. Audits: None. Records: None. FINANCIAL INFORMATION: Account Identification: 12-4336-0-7-151. Obligations: (Includes CCC transfer funds) FY 05 $73,052,216; FY 06 est $0; and FY 07 est $0. Range and Average of Financial Assistance: Not applicable. PROGRAM ACCOMPLISHMENTS: None, this is a new program. REGULATIONS, GUIDELINES, AND LITERATURE: Program is announced through news media and is posted on Farm Service Agency website. Regulations published in Title III of Bill Emerson Humanitarian Trust. EHT fact sheet may be located online at http://www.fas.usda.gov/excredits/p1480/Emersontrust.htm. INFORMATION CONTACTS: Regional or Local Office: None. Headquarters Office: U.S. Department of Agriculture, Farm Service Agency, Kansas City Commodity Office, 6501 Beacon Drive, Kansas City, Missouri 641314676. Telephone: (816) 926-6715. Web Site Address: http://www.fsa.usda.gov/daco/Default.htm. RELATED PROGRAMS: None. EXAMPLES OF FUNDED PROJECTS: Not applicable. CRITERIA FOR SELECTING PROPOSALS: The Secretary is authorized to release commodities from the reserve to meet unanticipated emergency needs that cannot otherwise be met under P.L. 480, the U.S. government's major humanitarian food aid program. The Secretary is also authorized to release eligible commodities for use under P.L. 480 if the domestic supply of that commodity is determined to be in limited supply and would not meet the availability criteria of P.L. 480. 10.080 MILK INCOME LOSS CONTRACT PROGRAM (MIL) FEDERAL AGENCY: FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE AUTHORIZATION: Section 1502 of the Farm Security and Rural Investment Act of 2002, Public Law. 107-171; 7 U.S.C. 7981 and 7982; 15 U.S.C. 714b and 714c. OBJECTIVES: To maintain and expand existing markets for dairy which are vital to the welfare of milk producers in the United States. Payments under this program will be limited to dairy operations that produced milk in the United States and commercially marketed milk during the period of December 1, 2001 through September 30, 2005. TYPES OF ASSISTANCE: Direct Payments with Unrestricted Use. USES AND USE RESTRICTIONS: Each fiscal year, eligible dairy operations can receive a monthly payment based on monthly milk marketing, up to a maximum of 2.4 million pounds per dairy operation, for the fiscal year. Dairy operations who make changes to their producer status or who reconstitute their farm operations on or after December 1, 2001 for the sole purpose of receiving additional payments will not be eligible for the benefits under the program implemented by this rule. ELIGIBILITY REQUIREMENTS: Applicant Eligibility: To be eligible, dairy producers must: (1) have produced milk in the United States and commercially marketed the milk produced anytime during the period of December 1, 2001 through September 30, 2005; (2) enter into a MIL contract during the contract application period; (3) agree to all terms and conditions in the MIL contract and comply with instructions issued by the Commodity Credit Corporation; (4) provide proof of monthly milk production commercially marketed by all persons in the dairy operation during the contract period, to determine the total pounds of milk that will be converted to hundredweight (cwt.) used for payment; (5) submit timely production evidence according to Sec. 1430.209; (6) be actively engaged in the business of producing and marketing agricultural products at the time of signing the MIL contract; (7) in administering this program, the eligibility determination of dairy operation shall be made in the same manner as Dairy Market Loss Assistance (DMLA) contracts in that State; and (8) new MIL contract operations must be unaffiliated with prior DMLA operations. Beneficiary Eligibility: Eligible dairy producers are those who, beginning December 1, 2001 through September 30, 2005: (1) commercially produce and market cow milk in the United States, or (2) produce milk in the United States and commercially market the milk outside the United States. In addition, dairy producers from a foreign country who have a working visa or other valid taxpayer identification number are eligible for MIL contract benefits. Credentials/Documentation: Before MIL contract payments are issued, all persons involved in a single dairy operation must provide evidence of eligible marketing. Verifiable production evidence can include: (1) milk marketing payment stubs, (2) tank records, (3) milk handler records, (4) daily milk marketing, and (5) copies of any payments received as compensation from other sources. APPLICATION AND AWARD PROCESS: Preapplication Coordination: None. This program is excluded from coverage under E.O. 12372. Application Procedure: To apply for the MIL contract program, dairy operation producers must submit form CCC-580, "Milk Income Loss Contract," to Farm Service Agency (FSA) county office where the dairy operation is located. The CCC-580 must show total pounds of all milk produced and marketed during each month for all persons receiving a share of the marketed milk. Monthly milk production may not be apportioned to circumvent the maximum payment quantity. All persons who share in the risk of a dairy operation's total production must certify information on the CCC-580. FSA will accept only one CCC-580 per operation. When applying for a MIL contract, operators must also have on file: (1) form AD-1026, "Highly Erodible Land Conservation and Wetland Conservation Certification," used to certify understanding of the conservation compliance requirements under USDA programs; and (2) form SF-1199A, "Direct Deposit Sign Up Form," used to sign up for the direct deposit of payments into the payee's account. Award Procedure: The Price Support Division (PSD) in Washington DC is responsible for the implementation of the MIL contract program in county offices. They will manage the contracts and determine the eligibility of monthly payments for each contract. Deadlines: Sign-up for the MIL contract program began on August 13, 2002 and it will end on September 30, 2005. Eligible dairy producers can apply for program benefits anytime during this sign-up time frame. Range of Approval/Disapproval Time: From 1 to 60 days. Appeals: Any producer who is dissatisfied with a determination may request reconsideration or appeal of such determination under part 11 or 780 of 7 CFR part 1430. Renewals: Not applicable. ASSISTANCE CONSIDERATIONS: Payments under this program may be made to dairy operations when the Boston Class I milk price under the applicable Federal milk marketing order is below $16.94 per cwt. No payments will be made to dairy operations for marketing during the months that the Boston Class I milk price under the applicable milk marketing order exceeds $16.94. Length and Time Phasing of Assistance: Except as provided in Sections 1430.205 and 1430.206, contracts entered into by producers in a dairy operation shall cover eligible production marketed by producers during the period beginning with the first day of the month producers enter into contract and ending on September 30, 2005. If a dairy goes out of business during the contracted period, the MIL contract program will be terminated immediately, except as applicable to earned payments. POST ASSISTANCE REQUIREMENTS: Reports: None. Audits: Recipients under this program are subject to audit by the Office of the Regional Inspector General, USDA. Records: Producers approved for benefits under this program must maintain accurate records and accounts in order to document that they meet all eligibility requirements specified herein, as may be requested by the Commodity Credit Corporation or the Farm Service Agency. Such records and accounts must be retained for 3 years after the date of payment to the dairy operation under this program. Destruction of the records 3 years after the date of payment shall be the risk of the party undertaking the destruction. FINANCIAL INFORMATION: Account Identification: 12-4336-0-1-351. Obligations: (Direct Payments) FY 05 $9,112,000; FY 06 est $415,000,000; and FY 07 est $330,000,000. Range and Average of Financial Assistance: Not applicable. PROGRAM ACCOMPLISHMENTS: None, this is a new program. REGULATIONS, GUIDELINES, AND LITERATURE: Program is announced through news media and in letters to agricultural producers in the county. Regulations published in the Federal Register, 7 CFR part 1430. MIL Fact Sheet may be located online at http://www.fsa.usda.gov/pas/publications/facts/html/milc02.htm. INFORMATION CONTACTS: Regional or Local Office: Consult the local phone directory for location of the nearest county FSA office. If no listing, contact the appropriate State FSA office listed in the FSA section of Appendix IV of the Catalog, or on the Internet at http://www.fsa.usda.gov/edso/. Headquarters Office: Department of Agriculture, Farm Service Agency, Price Support Division, Stop 0512, 1400 Independence Avenue S.W., Washington, D.C. 202500517. Telephone: (202) 720-1919. Web Site Address: http://www.fsa.usda.gov/dafp/psd/MILC.htm. RELATED PROGRAMS: None. EXAMPLES OF FUNDED PROJECTS: Not applicable. CRITERIA FOR SELECTING PROPOSALS: All producers meeting eligibility requirements may receive assistance. Applications are non-competitive. 10.081 LAMB MEAT ADJUSTMENT ASSISTANCE PROGRAM (LMA) FEDERAL AGENCY: FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE AUTHORIZATION: The Act of August 24, 1935, Section 32. OBJECTIVES: The purpose of this program is to provide benefits to sheep and lamb producers in order to reestablish their purchasing power in connection with the normal production of sheep and lambs for domestic consumption and boost the long-term development and growth of sheep and lamb farming in the United States. TYPES OF ASSISTANCE: Direct Payments with Unrestricted Use. USES AND USE RESTRICTIONS: This program is designed to provide immediate financial assistance to sheep and lamb producers who have recently experienced low prices and poor market conditions. Payments under this program will provide those who are eligible with an immediate infusion of funds to help pay for operating expenses and meet other financial obligations. The Farm Service Agency (FSA) will provide with respect to sheep and lamb operations: Year 1, payments are for purchasing eligible rams for breeding, enrolling their herd in a sheep improvement program, and for making improvements to their production facilities; Year 2, Year 3, and Year 4 payments are for marketing of eligible slaughtered lambs, feeder lambs, or ewe lambs. ELIGIBILITY REQUIREMENTS: Applicant Eligibility: To be eligible, applicants must be engaged in the business of producing and marketing agricultural products at the time of application. In addition, slaughtered lambs must meet the following criteria: (1) be marketed during August 1, 2001 through July 31, 2003; (2) be owned by operation at least 30 days before marketing; (3) carcasses must: (a) meet the requirements of USDA Quality Grade Choice or Prime, (b) meet the requirements of USDA Yield Grade 2, (c) have a muscling confirmation score of Average Choice or better, (d) have a 55-75 pound dressed hot carcass weight, (e) be certified by a USDA Agricultural Marketing Service (AMS) agent or an assigned representative, (f) be marketed between June 1 and July 31 of each program year in order to receive the $8 per carcass incentive payment. Feeder lambs must: (1) be marketed during the period August 1, 2001 through July 31, 2003; (2) be owned by the operation continuously from birth until the time of marketing; (3) be thick-muscled and large framed, as determined by AMS. Ewe lambs must: (1) not be older than 18 months of age; (2) not have produced an offspring; (3) not possess the characteristics of parrot mouth, foot rot, or scrapie; (4) be maintained in the herd for at least one complete offspring lambing cycle. Furthermore, eligible lamb producers must have in 1999 gross annual revenue of $2.5 million or less. Beneficiary Eligibility: Sheep and lamb producers. Credentials/Documentation: In order to receive payments, the sheep and lamb operation must submit APPLICATION AND AWARD PROCESS: None. This program is excluded from coverage under E.O. 12372. A request for Year 1 benefits under this program must be submitted via a completed Form FSA-382. A request for Year 2, Year 3, and Year 4 benefits under this program must be submitted via a completed Form FSA383. The Forms FSA-382/3 should be submitted to FSA Office serving the county where the sheep and lamb operation is located. Award Procedure: The Price Support Division (PSD) in Washington DC is responsible for making payments of LMA assistance program through FSA Service Center Offices. Deadlines: Applications for Year 1 must be received in FSA Office by October 13, 2000. Applications for Year 2 must be received by August 15, 2001. Applications for Year 3 must be received by August 15, 2002. Applications for Year 4 must be received by August 15, 2003. Range of Approval/Disapproval Time: From 1 to 30 days. Appeals: Any sheep and lamb operation which is dissatisfied with a determination may make a request for reconsideration or appeal of such determination in accordance with the appeal regulations set forth at parts 11 and 780 of 7 CFR part 784. Renewals: Not applicable. ASSISTANCE CONSIDERATIONS: Formula and Matching Requirements: For Year 1 Producers will receive up to $100 for each ram that is purchased for breeding purposes, at least 90 days old at the time of purchase, and will be maintained for at least 90 days. The maximum ram payment allowed per sheep and lamb operation for rams is $2,500. Producers will receive $.50 for each sheep enrolled in an authorized sheep improvement program; however, the maximum sheep improvement payment is $500. The facility improvement option will provide producers with a payment of 20 percent of the total cost of the facility improvement, not to exceed $2,500 per sheep and lamb operation. Improvements that must be made during Year 1 must be used in the sheep and lamb operation for at least the next 3 consecutive years and producers must submit cost documentation of the improvements made. The maximum combined total payments to a sheep and lamb operation are $5,500. For Year 2 and Year 3 Payment rates for feeder and slaughter lambs include $3 per head for feeder lambs, $5 per head for slaughter lambs, and $8 total per head for slaughter lambs marketed during June 1 through July 31. For Year 4 Payment rates are $3 per head for feeder lambs, $5 per head for slaughtered lambs, $8 total per head for slaughtered lambs marketed during June 1 through July 31, $18 per head for each ewe lamb purchased or retained for breeding purposes during the period of August 1, 2001 through July 31, 2003. There are no maximum payments or herd limits, but feeder lamb producers whose gross income for calendar year 2001 or 2002 exceed $2.5 million are ineligible for payments. In order to receive the $8 per carcass incentive payment, slaughter lambs must be marketed between June 1 and July 31 of each program year. Length and Time Phasing of Assistance: This program has four benefit years: Year 1 - July 22, 1999 through September 30, 2000; Year 2 - August 1, 2000 through July 31, 2001; Year 3 - August 1, 2001 through July 31, 2002; Year 4 - August 1, 2002 through July 31, 2003. Each benefit year has various types of payments and eligibility requirements. Funds not used during one year are carried into the following years. POST ASSISTANCE REQUIREMENTS: Reports: None. Audits: Recipients under this program are subject to audit by the Office of the Regional Inspector General, USDA. Records: Persons making application for benefits under this program must maintain accurate records and accounts in order to document that they meet all eligibility requirements specified herein. Such records and accounts must be retained for 3 years after the date of payment to the sheep and lamb operations under this program. Destruction of the records after such date shall be the risk of the party undertaking the destruction. FINANCIAL INFORMATION: Account Identification: 12-4336-0-1-351. Obligations: (Direct Payments) FY 05 $14,230,000; FY 06 est $0; and FY 07 est $0. Range and Average of Financial Assistance: Not applicable. PROGRAM ACCOMPLISHMENTS: $17,357,719 was paid out to producers who filed claims under this program in FY 03. It is also estimated that more than $30,000,000 in payments were paid out to producers who suffered losses due to low prices and poor market conditions from FY 00 to 03. REGULATIONS, GUIDELINES, AND LITERATURE: Program is announced through news media and in letters to agricultural producers in the county. Regulations published in the Federal Register, 7 CFR part 784. LMA Fact Sheet may be located online at http://www.fsa.usda.gov/pas/publications/facts/html/lamb02.htm. INFORMATION CONTACTS: Regional or Local Office: Consult the local phone directory for location of the nearest county FSA Office. If no listing, contact the appropriate State FSA Office listed in the FSA section of Appendix IV of the Catalog, or on the Internet at http://www.fsa.usda.gov/edso/. Headquarters Office: Department of Agriculture, Farm Service Agency, Price Support Division, Stop 0512, 1400 Independence Avenue SW, Washington, D.C. 202500517. Telephone: (202) 720-1919. Web Site Address: http://www.fsa.usda.gov/dafp/psd/lamb.htm. RELATED PROGRAMS: None. EXAMPLES OF FUNDED PROJECTS: Not applicable. CRITERIA FOR SELECTING PROPOSALS: All producers meeting eligibility requirements may receive assistance. Applications are non-competitive. 10.082 TREE ASSISTANCE PROGRAM (TAP) FEDERAL AGENCY: FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE. AUTHORIZATION: Section 3602 of the Farm Security and Rural Investment Act of 2002, Public Law 108-83. OBJECTIVES: This program provides assistance to tree, bush and vine owners who have trees, bushes or vines lost by a natural disaster. The statute authorizes payments only for eligible owners who actually replant or rehabilitate eligible trees, bushes and vines and who produce annual crops from trees for commercial purposes. TYPES OF ASSISTANCE: Direct Payments with Unrestricted Use. USES AND USE RESTRICTIONS: Eligible owners must execute all required documents, comply with all applicable noxious weed laws, and complete the TAP funded practice within 12 months of application approval. Participants must allow representatives of FSA to visit the site for the purposes of certifying compliance with TAP requirements. ELIGIBILITY REQUIREMENTS: Applicant Eligibility: To be eligible for TAP payments the owner must: (1) Own the stand on which the claim for benefits is based; (2) Have owned it at the time the natural disaster occurred; (3) Have continuously owned the stand until the TAP application is submitted; (4) Annual gross revenue not to exceed $2.5 million for the preceding tax year; (5) Federal, State, local governments and agencies as well as political subdivisions thereof are not eligible for benefits. Beneficiary Eligibility: An individual owner who has trees, bushes or vines lost by a natural disaster. Credentials/Documentation: To be considered an eligible loss: (1) Trees, bushes or vines must have been lost as a result of a natural disaster; (2) The individual stand must have sustained a loss in excess of 15 percent after adjustment for normal mortality; (3) The loss could not have been prevented through reasonable and available measures; (4) The trees, bushes or vines would not normally have been rehabilitated or replanted within the 12-month period following the loss; (5) The damage must be visible and obvious to the County Committee except that if the damage is no longer visible, the County Committee may accept other evidence of the loss as it determines is reasonable. County Committee may require information from an expert in the case of plant disease or insect infestation. APPLICATION AND AWARD PROCESS: Preapplication Coordination: None. This program is excluded from coverage under E.O. 12372. Application Procedure: A complete application for TAP benefits and related supporting documentation must be submitted to the county office prior to the deadline that FSA announces. A complete application includes 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 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. Award Procedure: The County Committee: (1) Must make recommendations and an eligibility determination based on a complete application on those requests that it wants to refer to a higher approval official; (2) Will verify actual qualifying losses and the number of acres involved by on-site visual inspection of the land and trees, bushes or vines; (3) May request additional information and may consider all relevant information in making its determination including its members' own knowledge about the applicant's normal operations. Deadlines: To be announced. Range of Approval/Disapproval Time: 30 days. Appeals: Renewals: None. ASSISTANCE CONSIDERATIONS: Subject to the availability of TAP funds, an approved owner shall be Length and Time Phasing of Assistance: Payment is made by check or direct deposit after determining applicant eligibility. POST ASSISTANCE REQUIREMENTS: Reports: None. Audits: Recipients under this program are subject to audit by the Office of the Regional Inspector General, USDA. Records: An owner or any other individual or entity receiving assistance for TAP shall maintain and retain financial books and records which will permit verification of all transactions for at least 3 years, following the end of the calendar year in which assistance was provided. FINANCIAL INFORMATION: Account Identification: 12-4336-0-4-350. Obligations: (Direct Payments) FY 05 $2,952,226; FY 06 est $29,015,000; and FY 07 est $0. Range and Average of Financial Assistance: Not Applicable. PROGRAM ACCOMPLISHMENTS: None. This is a new program. REGULATIONS, GUIDELINES, AND LITERATURE: Program is announced through news media and in letters to agricultural producers in the county. Regulations published in the Federal Register, 7 CFR Part 783. INFORMATION CONTACTS: Regional or Local Office: Consult the local phone directory for location of the nearest county FSA office. If no listing, contact the appropriate State FSA office listed in the Farm Service Agency section of Appendix IV of the Catalog or on the WEB at http://www.fsa.usda.gov/edso/. Headquarters Office: Department of Agriculture, Farm Service Agency, Production, Emergencies, and Compliance Division, Stop 0517, 1400 Independence Avenue S.W., Washington, D.C. 20250-0517. Telephone: (202) 7207641. Web Site Address: http://www.fsa.usda.gov. RELATED PROGRAMS: None. EXAMPLES OF FUNDED PROJECTS: Not applicable. CRITERIA FOR SELECTING PROPOSALS: All producers meeting eligibility requirements may receive assistance. Applications are non-competitive. 10.084 DAIRY MARKET LOSS ASSISTANCE PROGRAM (DMLA III) FEDERAL AGENCY: FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE AUTHORIZATION: Public Law 105-277, 112 Stat. 2681; Public Law 106-78, 113 Stat. 1135; Public Law 106-387, 114 Stat. 1549; The Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act of 2005, Public Law 108-324. OBJECTIVES: The purpose of this program is to provide benefits to dairy operations under Public Law 105-277, 112 Stat. 2681; Sections 805 and 825 of Public Law 106-78; and section 805 of Public Law 106-387 only, in order to provide financial assistance to dairy operations in connection with normal milk production that is sold on the commercial market. TYPES OF ASSISTANCE: Direct Payments with Unrestricted Use. USES AND USE RESTRICTIONS: The dairy operation requesting benefits must certify with respect to the accuracy and truthfulness of the information provided in their application for benefits. All information provided is subject to verification and spot checks by CCC. Refusal to allow CCC or any other agency of the Department of Agriculture to verify any information provided will result in a determination of ineligibility. Data furnished by the applicant will be used to determine eligibility for program benefits. Furnishing the data is voluntary; however, without it program benefits will not be approved. Providing a false certification to the Government is punishable by imprisonment, fines and other penalties. ELIGIBILITY REQUIREMENTS: Applicant Eligibility: (a) To be eligible to receive cash payments, a dairy operation must: (1) Have produced and marketed milk commercially in the United States anytime during the fourth quarter of 1998; (2) Indicate all milk commercially marketed by all persons in the dairy operation during calendar year 1997 and 1998 to establish the base period for determining the total pounds of milk that will be converted to hundredweight (cwt) used for payment; and (3) Apply for payments during the application period. (b) A dairy operation must submit a timely application and comply with all other terms and conditions of 7 CFR Part 1430 Subpart D and those that are otherwise contained in the application to be eligible for benefits. (c) To be eligible for the program under Pub. L. 108-324, dairy producers must have produced milk in the United States during the 2004 calendar year in a dairy operation located in a county declared a disaster by the President due to hurricanes in 2004. Beneficiary Eligibility: Under DMLA-III, payments will be made to producers who were paid under DMLA-II as well as new dairy producers who began production in calendar year 2000. Under Pub. L. 108-324, payments will be made to producers who have recently suffered dairy production and milk spoilage losses due to hurricanes in 2004. Credentials/Documentation: A request for benefits under this subpart must be submitted on a completed Form CCC 1040. The Form CCC 1040 should be submitted to the county FSA office serving the county where the dairy operation is located. All persons who share in the milk production of a dairy operation that marketed milk must certify on the same CCC 1040 in order to obtain the total milk production of the dairy operation before the application is complete. APPLICATION AND AWARD PROCESS: Preapplication Coordination: None. This program is excluded from coverage under E.O. 12372. Application Procedure: Dairy operations may obtain an application, Form CCC 1040 (Dairy Market Loss Assistance Program Payment Application), in person, by mail, by telephone, or by facsimile from any county FSA office. In addition, applicants may download a copy of the CCC 1040 at http://www.fsa.usda.gov/dafp/psd/. Award Procedure: Payments under this subpart may be made to dairy operations only on the first 26,000 cwt of milk produced by them from cows in the United States actually marketed in the United States during the base period. Supplemental payments under Public Law 106-387 will be made available to dairy operations in connection with normal milk production that is sold on the commercial market. For supplemental payments made under this section, the payment rate shall be $0.6468 per cwt. For dairy operations that received a payment under sections 805 and 825 of Public Law 106-78 on less than 12 months production, an annual production level will be calculated by subtracting from the dairy operation's production level for the period of October 1, 1999 through September 30, 2000 the production level on which previous payments were received. Deadlines: Applicants must apply for benefits during the sign-up period to be announced by the Deputy Administrator for Farm Programs. Eligible dairy producers can apply for program benefits anytime during this sign-up time frame. New announcements are posted on http://www.fsa.usda.gov/pas/. Range of Approval/Disapproval Time: From 1 to 60 days. Appeals: Any producer who is dissatisfied with a determination may request reconsideration or appeal of such determination under part 11 or 780 of 7 CFR part 1430. Renewals: Not applicable. ASSISTANCE CONSIDERATIONS: A payment rate will be determined after the conclusion of the application period, and shall be calculated by: (1) Converting whole pounds of milk to cwt; (2) Totaling the eligible cwt (not to exceed 26,000 cwt) of milk marketed commercially during the base period from all approved applications; and (3) Dividing the amount available for Dairy Market Loss Assistance Program by the total eligible cwt submitted and approved for payment. Each dairy operation payment will be calculated by multiplying the payment rate determined above by the dairy operation's eligible production. In the event that approval of all eligible applications would result in expenditures in excess of the amount available, CCC shall reduce the payment rate in such manner as CCC, in its sole discretion, finds fair and reasonable. Length and Time Phasing of Assistance: Payments under this subpart may be made to dairy operations only on the first 26,000 cwt of milk produced by them from cows in the United States actually marketed in the United States during the base period. POST ASSISTANCE REQUIREMENTS: Reports: All persons involved in such dairy operation marketing milk during the fourth quarter of 1998 shall provide any available supporting documents to assist the county FSA office in verifying that the dairy operation produced and marketed milk commercially during the fourth quarter of 1998 and the base period milk marketings indicated on Form CCC 1040. Examples of supporting documentation include, but are not limited to: tank records, milk handler records, milk marketing payment stubs, daily milk marketings, copies of any payments received as compensation from other sources, or any other documents available to confirm the production and production history of the dairy operation. In the event that supporting documentation is not presented to the county FSA office requesting the information, dairy operations will be determined ineligible for benefits. Audits: Recipients under this program are subject to audit by the Office of the Regional Inspector General, USDA. Records: Producers approved for benefits under this program must maintain accurate records and accounts in order to document that they meet all eligibility requirements specified herein, as may be requested by the Commodity Credit Corporation or the Farm Service Agency. Such records and accounts must be retained for 3 years after the date of payment to the dairy operation under this program. Destruction of the records 3 years after the date of payment shall be the risk of the party undertaking the destruction. FINANCIAL INFORMATION: Account Identification: 12-4336-0-3-351. Obligations: (Direct Payments) FY 05 $0; FY 06 est $10,000,000; and FY 07 est $0. Range and Average of Financial Assistance: The maximum payment that any dairy operation can receive will be $25,225. Average payments per operation are expected to be about $8,300 for about 80,000 dairy operations in the United States. PROGRAM ACCOMPLISHMENTS: Fiscal year 2005 funds will provide for immediate financial assistance to producers who have recently suffered dairy production and milk spoilage losses due to hurricanes in 2004. REGULATIONS, GUIDELINES, AND LITERATURE: Program is announced through news media and in letters to agricultural producers in the county. Regulations published in the Federal Register, 7 CFR part 1430. DMLA III Fact Sheet may be located online at http://www.fsa.usda.gov/pas/publications/facts/html/dairymar00.htm. INFORMATION CONTACTS: Regional or Local Office: Consult the local phone directory for location of the nearest county FSA office. If no listing, contact the appropriate State FSA office listed in the FSA section of Appendix IV of the Catalog, or on the Internet at http://www.fsa.usda.gov/edso/. Headquarters Office: Department of Agriculture, Farm Service Agency, Price Support Division, Stop 0512, 1400 Independence Avenue S. W., Washington, D.C. 202500517. Telephone: (202) 720-1919. Web Site Address: http://www.fsa.usda.gov/dafp/psd/dairy.htm. RELATED PROGRAMS: 10.053, Dairy Indemnity Program; 10.080, Milk Income Loss Contract Program. EXAMPLES OF FUNDED PROJECTS: Not applicable. CRITERIA FOR SELECTING PROPOSALS: All producers meeting eligibility requirements may receive assistance. Applications are non-competitive. 10.085 TOBACCO TRANSITION PAYMENT PROGRAM (TTPP) FEDERAL AGENCY: COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE AUTHORIZATION: The Fair and Equitable Tobacco Reform Act of 2004. OBJECTIVES: The Fair and Equitable Tobacco Reform Act of 2004 repeals the federal tobacco price support/production control program, provides compensation payments to tobacco quota owners for the elimination of their government-created asset (quota), and provides transition payments to active tobacco producers. TYPES OF ASSISTANCE: Direct Payments with Unrestricted Use. ELIGIBILITY REQUIREMENTS: Eligible quota holder means only a person who, as of October 22, 2004, has either a fee simple interest or life estate interest in the farm for which FSA established a farm basic marketing quota for the 2004 marketing year. The wetlands and highly erodible land provisions of part 12 of Title 7, the controlled substance provisions of part 718 of Title 7, and the payment limitation provisions of part 1400 of Title 7 shall not be applicable to payments made under 7 CFR Part 1463 to an eligible quota holder. Eligible tobacco producer means an owner, operator, landlord, tenant, or sharecropper who shared in the risk of producing tobacco on a farm where tobacco was produced, or considered planted, pursuant to a tobacco poundage quota or acreage allotment assigned to the farm for the 2002, 2003, or 2004 marketing years. The wetlands and highly erodible land provisions of part 12 of Title 7 and the controlled substance provisions of |