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1945.154 Definitions and abbreviations. 1945.155 Relationship between FmHA and

other Federal agencies.

1945.156 The test for credit and certification requirements for availability of credit elsewhere.

1945.157-1945.160 [Reserved] 1945.161 Receiving and processing applications.

1945.162 Eligibility requirements. 1945.163 Determining qualifying losses, eligibility for actual loss loan(s) and the maximum amount of actual loss loan(s), annual production and major adjustment loan(s).

1945.164-1945.165 [Reserved] 1945.166 Loan purposes.

1945.167 Loan limitations and special provisions.

1945.168 Rates and terms.

1945.169 Security requirements.

1945.170-1945.172 [Reserved]

1945.173 General provisions-compliance requirements.

1945.174 [Reserved]

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AUTHORITY: 7 U.S.C. 1989; 7 CFR 2.23. SOURCE: 46 FR 28331, May 26, 1981, unless otherwise noted.

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The following abbreviations are used in this subpart.

(a) ASCS-Agricultural Stabilization and Conservation Service.

(b) CEB-USDA County Emergency Board.

(c) DAR-Damage Assessment Report.

13-021 0-83--2

(d) ELAT-Emergency Loan Assessment Team.

(e) ELST-Emergency Loan Support Team.

(f) EM-Emergency Loans.

(g) EOH-USDA Emergency Operations Handbook.

(h) FCIC-Federal Crop Insurance Corporation.

(i) FCO-Federal Coordinating Officer.

(j) FEMA-Federal Emergency Management Agency.

(k) FmHA-Farmers Home Administration.

(1) OMB-Office of Management and Budget.

(m) SBA-Small Business Administration.

(n) SEB-USDA State Emergency Board.

(0) USDA-United States Department of Agriculture.

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The following definitions are applicable to this subpart:

(a) Disasters-(1) Major disaster. Any disaster in any part of the United States which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant unusual assistance above and beyond normal emergency services available from the State and Federal Government. Major disaster assistance makes all Federal disaster programs available automatically, and is intended to supplement the efforts and available resources of States, local governments and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused by disasters.

(2) Natural disaster. Any disaster caused by a natural phenomenon in any part of the United States; such as, hurricanes, tornadoes, cyclones, windstorms, excessive rainfalls, floods, earthquakes, blizzards, freezes, electrical storms, snowstorms, droughts, excessively high or low temperatures, and hailstorms; insects where abnormal weather contributed substantially to the spreading and flourishing of such insects; fires resulting from lightning, and fires of other origins which could not be controlled because of abnormal weather; and plant and animal diseases where abnormal weather con

tributed substantially to those diseases spreading into epidemic proportions.

(3) Presidential emergency. Any disaster in any part of the United States which is of such magnitude that the President makes a declaration requiring certain Federal emergency programs to be implemented as a supplement to State and local efforts as a means of saving lives and protecting property, preserving public health and safety, and/or lessening the threat of a more severe disaster.

(b) Farmers. Individuals, cooperatives, corporations or partnerships who are farmers, ranchers or aquaculture operators.

(c) Incidence period. The specific date or dates during which a disaster occurred.

(d) National Office. The Director, Emergency Loan Division.

(e) Substantially affected. The degree of physical and/or production losses a farmer must have sustained from a disaster to meet the actual loss eligibility requirements for an EM loan. The actual loss must have had such an adverse impact on the farming operation that EM loan assistance is necessary to enable the farm operator to continue the pre-disaster operation on a sound basis. A farmer will be considered to have been substantially affected if any one of the following types of losses has been sustained due to a declared/designated/authorized disaster.

(1) Damage or destruction of physical property that is essential to the successful operation of the farm; and if the property is not repaired or replaced, the farmer would not be able to continue operating on a sound basis. Physical property includes: Farmland; structures on the land, e.g., buildings, fences, dams, etc.; machinery, equipment, and tools; livestock and livestock products; harvested crops; and materials and supplies; or

(2) A production loss of at least 30 percent of normal yield per acre or production per animal in a single enterprise which constitutes a basic part of the total farming operation.

(f) Termination date. The date specified in a disaster declaration/designation/authorization which establishes the final date after which EM actual

loss loan applications can no longer be accepted. For both physical and production losses, the termination date will be 9 months from the date of the disaster declaration/designation/authorization. Applications may, however, be accepted for EM actual loss loans after the termination date has passed, if the applicant had filed an application for disaster loan assistance with the Small Business Administration (SBA) during the period SBA could accept applications, but when not more than 6 months have elapsed since the FmHA's termination date.

(g) United States or State. Each of the several States, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

§8 1945.7-1945.17 [Reserved]

§ 1945.18 United States Department of Agriculture (USDA) Emergency Boards. There is a USDA Emergency Board established to serve every State and every county (or comparable political subdivision) in the United States. The Boards are responsible for providing leadership to ensure that the Department's disaster programs are implemented when needed; to coordinate the Department's emergency disaster programs with those of other Federal Departments and Agencies; and to provide personnel, as needed and requested by FEMA, to help staff disaster assistance centers in major disaster

areas.

(a) State Emergency Boards (SEB). These Boards are composed of representatives of the several USDA Agencies having emergency program responsibilities at the State level. The chairpersons of the SEBS are the ASCS State Executive Directors. FmHA State Directors are members of the SEBS.

(b) County Emergency Boards (CEB). These Boards are composed of representatives of the several USDA Agencies having available personnel at the county level. The chairpersons of the CEBS, in most cases, are the ASCS County Executive Directors. FmHA County Supervisors are members of the CEBS.

(c) Emergency boards' policies and procedures. These policies and procedures are set forth in the USDA Emergency Operations Handbook (EOH), available in any ASCS or FmHA Office.

§ 1945.19 Reporting natural disasters.

(a) Purpose. The purpose of reporting natural disasters is to provide a systematic procedure for rapid reporting of the occurrence and extent of damage and loss caused by such disasters, which may result in a need to make EM loans available in the disaster area.

(b) Responsibility for reporting disasters. USDA SEBS and CEBS representing their member agencies are best qualified at the State and county levels to accomplish the assessment of rural and agricultural losses resulting from disasters. These Boards are, therefore charged with the responsibility of reporting the occurrence of disasters and making recommendations whether or not to implement USDA disaster programs.

(c) Actions to be taken. Immediately after the occurrence of a natural disaster:

(1) The FmHA County Supervisor will report to the CEB chairperson, as specified in the EOH, all substantial property loss, damage or injury and severe production losses that have occurred in his/her County Office area, regardless of whether EM loans will be needed. The County Supervisor will assist the CEB in preparing the 24 hour report required in paragraph (c)(2) of this section. If the CEB has not completed its 24 hour report within two workdays after the disaster, the County Supervisor will report to the State Director on Form FmHA 1945-27, "Report of Natural Disaster." In urgent situations, the report may be made by telephone, followed by the CEB report or Form FmHA 1945-27. Either of these reports will be based on information obtained from personal knowledge and from farmers, agricultural and community leaders, representatives of other agricultural agencies, agricultural lenders, and from any other personally contacted reliable source(s). The County Super

visor will convey to the CEB chairperson all information pertaining to the disaster and provide the Chairperson with a copy of Form FmHA 1945-27, if prepared.

(2) The CEB will report the natural disaster, in accordance with the EOH to:

(i) The SEB; and

(ii) Appropriate county government representative(s).

(3) The SEB will provide copies of the CEB report to:

(i) The USDA Washington Offices of ASCS, FmHA and the Office of Intergovernmental Affairs; and

(ii) The State Governor's Emergency Coordinator and the State Department of Agriculture.

(4) The FmHA State Director will inform the National Office of each natural disaster as soon as possible and forward to the National Office a copy of the CEB report or Form FmHA 1945-27, with any attachments, and supplemented with the State Director's comments and recommendations. The State Director must include a statement as to the number of farmers, ranchers and aquaculture operators affected by the disaster. In urgent situations, the State Director will report to the National Office, Emergency Loan Division, by telephone, and immediately thereafter, send a written report to the National Office. The State Director will continue to notify the SEB chairperson of any additional information received concerning the natural disaster.

(5) The FmHA Administrator will notify the Office of the Secretary of Agriculture of the reported natural disaster and of any action taken or planned to be taken by the FmHA. The FmHA National Office will also provide the same information to members of the Congress and FEMA, if so requested.

(6) When inquiries are received from natural disaster victims, before the area is declared/designated/authorized, the following information will be provided the victims.

(i) Inquirers at the County Office will be advised:

(A) That EM loans are not available at this time;

(B) What assistance will be available if EM loans are authorized; and

(C) An application for EM loan assistance may be filed at that time, in which case it will not be processed until EM loans are authorized for the area; or the application can be filed after the EM loans are authorized, in which case it will be processed promptly. The inquirer should also be advised that in the event EM loans are not authorized, he/she can be considered for regular FmHA farm loan assistance.

(ii) Inquirers at the State or National Offices will be advised according to paragraph (c)(6)(i) of this section and referred to the appropriate county office.

(7) When inquiries are received from County Governing Bodies or Indian Tribal Councils concerning the designation of an area, they will be informed of the procedure for making EM loans available as specified in § 1945.20 of this subpart.

(8) The actions required in paragraph (b) of this section will be taken even if the Governor of a State has requested the President to declare a county(ies) a major disaster or Presidential emergency area.

§ 1945.20 Making EM loans available.

EM loans are made available in counties or similar political subdivisions named by (a) FEMA as eligible for Federal assistance under a major disaster or emergency declaration by the President, (b) the Secretary of Agriculture in any area where unusual and adverse weather conditions have resulted in severe production and/or physical losses, which have substantially and adversely affected more than 25 farmers, ranchers, and/or aquaculture operators in any given county; and (c) an FmHA State Director when 25 or fewer farmers, ranchers and/or aquaculture operators, in any given county, have been so affected by a natural disaster.

(a) Declaration by the President. When there is a Presidential major disaster or emergency declaration and FEMA has notified the National Office, the following actions will be taken:

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