97-25739. Tree Assistance Program  

  • [Federal Register Volume 62, Number 188 (Monday, September 29, 1997)]
    [Rules and Regulations]
    [Pages 50849-50853]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-25739]
    
    
    
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    Rules and Regulations
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    Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / 
    Rules and Regulations
    
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    DEPARTMENT OF AGRICULTURE
    
    Farm Service Agency
    
    7 CFR Part 783
    
    Commodity Credit Corporation
    
    7 CFR Part 1478
    
    RIN 0560-AF17
    
    
    Tree Assistance Program
    
    AGENCY: Farm Service Agency and Commodity Credit Corporation, USDA.
    
    ACTION: Interim rule.
    
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    SUMMARY: This interim rule sets forth the regulations necessary for 
    implementing the 1997 Tree Assistance Program (TAP). The Act Making 
    Emergency Supplemental Appropriations for Recovery from Natural 
    Disasters for the Fiscal Year ending September 30, 1997, (The Act) 
    authorized TAP assistance to small orchardists to replace or 
    rehabilitate trees and vineyards damaged by natural disasters. Due to 
    limited funds appropriated for this program, the losses for which 
    reimbursement is sought are limited to natural disasters that occurred 
    between October 1, 1996, and September 30, 1997. Cost-share assistance 
    may not exceed 100 percent of the eligible replacement or 
    rehabilitation costs and may be based on average costs or the actual 
    costs for the replanting practices, as determined by the Deputy 
    Administrator for Farm Programs.
    
    DATES: Interim rule effective September 24, 1997. Written comments on 
    this rule must be received on or before October 29, 1997 to be assured 
    of consideration. Comments on the information collections in this rule 
    must be received on or before November 28, 1997 in order to be assured 
    of consideration.
    
    ADDRESSES: Submit written comments to: David M. Nix, Compliance and 
    Production Adjustment Division (CPAD), Farm Service Agency (FSA), USDA, 
    1400 Independence Avenue, S.W., STOP 0517, Washington, DC 20012-0517, 
    telephone (202) 690-4091, e-mail address: dnix@wdc.fsa.usda.gov. 
    Comments may be inspected in the Office of the Director, Compliance and 
    Production Adjustment Division (CPAD), Farm Service Agency (FSA), USDA, 
    Room 3630 South Building, Washington, D.C., between 7:30 a.m. and 4:30 
    p.m., Monday through Friday, except holidays.
    
    FOR FURTHER INFORMATION CONTACT: David M. Nix at the above listed 
    address.
    
    SUPPLEMENTARY INFORMATION:
    
    Executive Order 12866
    
        This interim rule has been determined to be not significant and was 
    not reviewed by the Office of Management and Budget (OMB) under 
    Executive Order 12866.
    
    Regulatory Flexibility Act
    
        The Regulatory Flexibility Act is not applicable to this rule 
    because the Farm Service Agency (FSA) is not required by 5 U.S.C. 553 
    or any other provision of law to publish a notice of proposed 
    rulemaking with respect to the subject matter of this rule.
    
    Environmental Evaluation
    
        An Environmental Evaluation with respect to the Tree Assistance 
    Program has been completed. It has been determined that this action is 
    not expected to have a significant impact on the quality of the human 
    environment. In addition, it has been determined that this action will 
    not adversely affect environmental factors such as wildlife habitat, 
    water quality, air quality, and land use and appearance. Accordingly, 
    neither an Environmental Assessment nor an Environmental Impact 
    Statement is needed.
    
    Executive Order 12372
    
        This program is not subject to the provisions of Executive Order 
    12372, which require intergovernmental consultation with State and 
    local officials. See the Notice related to 7 CFR part 3015, subpart V, 
    published at 48 FR 29115 (June 24, 1983).
    
    Paperwork Reduction Act
    
        In accordance with the Paperwork Reduction Act of 1995, FSA will 
    submit an emergency information request (ICR) to OMB for the approval 
    of the Tree Assistance Program reports as necessary for the proper 
    functioning of the program.
        Title: Tree Assistance Program.
        OMB Control Number: 0560-NEW.
        Type of Request: Emergency.
        Abstract: Persons who suffered losses according to this part are 
    required to provide information regarding their operation, losses that 
    occurred and the action that will or has been taken as a result of 
    those losses.
        USDA has submitted to the Office of Management and Budget proposed 
    forms to be used for application and contract and for collection of 
    information relating to resource needs. Form CCC-435, Tree Assistance 
    Program Technical Worksheet, is used for the collection of data and 
    calculation of losses of eligible trees and eligible vines due to 
    natural disaster. Form CCC-436, TAP Eligibility Certification 
    Statement, is used for owner certification that the owner owns no more 
    than 500 acres of eligible trees or eligible vines, and had an annual 
    qualifying gross revenue of no more than $2.5 million for the 1996 tax 
    year.
        Estimate of Burden: Public reporting for this information 
    collection is estimated to average 20 minutes per applicant.
        Respondents: Owners of eligible trees and eligible vines who 
    suffered losses from natural disasters.
        Estimated Number of Respondents: 1,000.
        Estimated Number of Responses per Respondent: 2.
        Estimated Total Annual Burden on Respondents: 333 hours.
        Proposed topics for comment include: (a) Whether the collection of 
    information is necessary for the proper performance of the functions of 
    the agency, including whether the information will have practical 
    utility; (b) the accuracy of the agency's estimate of burden including 
    the validity of methodology and assumptions used; (c) ways to enhance 
    the quality, utility, and clarity of the information to be collected; 
    or (d) ways to minimize the burden of the collection of information on 
    those who are to respond, including through the use of appropriate
    
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    automated, electronic, mechanical, or other technological collection 
    techniques or other forms of information technology.
        Comments regarding this information collection requirement may be 
    directed to the Office of Information and Regulatory Affairs of OMB, 
    Attention: Desk Officer for USDA, Washington, D.C. 20503, and to David 
    M. Nix. All responses to this notice will be summarized and included in 
    the request for OMB approval. All comments will also become a matter of 
    public record.
        OMB is required to make a decision concerning the collection(s) of 
    information contained in this interim rule between 30 and 60 days after 
    publication of this document in the Federal Register. Therefore, a 
    comment to OMB is best assured of having its full effect if OMB 
    receives it within 30 days of publication. This does not affect the 
    deadline for the public to comment to the Department on the interim 
    regulations.
    
    Executive Order 12988
    
        This rule has been reviewed in accordance with Executive Order 
    12988. The provisions of this rule preempt State law to the extent that 
    such laws are inconsistent with the provisions of this rule. The 
    provisions of this rule are retroactive to October 1, 1996. Before any 
    judicial action may be brought regarding the provisions of this rule, 
    the administrative remedies must be exhausted.
    
    Executive Order 12612
    
        It has been determined that this rule does not have sufficient 
    Federalism implications to warrant the preparation of a Federalism 
    Assessment. The provisions contained in this rule will not have a 
    substantial direct effect on States or their political subdivisions or 
    on the distribution of power and responsibilities among the various 
    levels of government.
    
    Unfunded Mandates Reform Act of 1995
    
        This rule contains no Federal mandates under the regulatory 
    provisions of Title II of the Unfunded Mandates Reform Act of 1995 
    (UMRA) for State, local, and tribal governments or the private sector. 
    Therefore, this rule is not subject to the requirements of sections 202 
    and 205 of the UMRA regulations.
    
    Background
    
        This interim rule sets forth the terms and conditions under which 
    owners of eligible trees and eligible vines who suffered a loss as a 
    result of a natural disaster may apply for benefits to compensate for 
    this loss. Congress has mandated the Secretary to make available up to 
    $9 million to replace or rehabilitate eligible trees and eligible vines 
    damaged by natural disasters. Owners eligible for TAP may be reimbursed 
    up to 100 percent of the cost incurred to replace or rehabilitate 
    eligible trees or eligible vines.
    
    List of Subjects in 7 CFR Part 783 and Part 1478
    
        Disaster assistance, Grant programs--agriculture.
    
        For reasons set forth in the preamble and under the authority of 
    Pub. L. 105-18, (111 Stat. 158), 7 CFR Chapters VII and XIV are amended 
    as follows:
    
    PART 1478--[REMOVED]
    
        1. Part 1478 is removed.
        2. Part 783 is added to read as follows:
    
    PART 783--1997 TREE ASSISTANCE PROGRAM
    
    Sec.
    783.1  Applicability.
    783.2  Administration.
    783.3  Definitions.
    783.4  Program deadlines.
    783.5  Ownership, income and payment limitations.
    783.6  Qualifying loss.
    783.7  Eligible costs.
    783.8  Application process.
    783.9  Obligations of an eligible owner.
    783.10  Partial performance.
    783.11  Liens and claims of creditors; set-offs.
    783.12  Appeals.
    783.13  Misrepresentation and scheme or device.
    783.14  Estates, trusts, and minors.
    783.15  Death, incompetency, or disappearance.
    783.16  Other regulations.
    783.17  Paperwork Reduction Act assigned numbers.
    
        Authority: Pub. L. 105-18, 111 Stat. 158.
    
    
    Sec. 783.1  Applicability.
    
        The regulations in this part set forth the terms and conditions of 
    the Tree Assistance Program (TAP) authorized by the Act Making 
    Emergency Supplemental Appropriations for Recovery from Natural 
    Disasters for the Fiscal Year ending September 30, 1997 (1997 Emergency 
    Appropriations Act). Within specified limits, FSA is authorized by the 
    1997 Emergency Appropriations Act to reimburse eligible owners for up 
    to 100 percent of the cost of replanting or rehabilitating eligible 
    trees and eligible vines damaged by natural disasters occurring from 
    October 1, 1996, through September 30, 1997.
    
    
    Sec. 783.2  Administration.
    
        (a) This part shall be administered by the Farm Service Agency 
    (FSA) under the general direction and supervision of the Deputy 
    Administrator for Farm Programs, FSA. The program shall be carried out 
    in the field by FSA State and county committees (State and county 
    committees).
        (b) State and county committees, and representatives and employees 
    thereof, do not have the authority to modify or waive any of the 
    provisions of the regulations in this part, as amended or supplemented.
        (c) The State committee shall take any action required by this part 
    which has not been taken by the county committee. The State committee 
    shall also:
        (1) Correct, or require a county committee to correct, any action 
    taken by such county committee which is not in accordance with this 
    part; or
        (2) Require a county committee to withhold taking any action which 
    is not in accordance with this part.
        (d) The State committee shall allow the county committee to approve 
    applications only for those owners of eligible trees and eligible vines 
    who actually owned the eligible trees or eligible vines at time of the 
    eligible disaster and at the time of application.
        (e) No delegation herein to a State or county committee shall 
    preclude the Deputy Administrator for Farm Programs, FSA, or a 
    designee, from determining any question arising under the program or 
    from reversing or modifying any determination made by a State or county 
    committee.
    
    
    Sec. 783.3  Definitions.
    
        (a) In determining the meaning of the provisions of this part, 
    unless the context indicates otherwise, singular terms include the 
    plural and plural terms include the singular, masculine terms include 
    the feminine, and terms used in the present tense include the future.
        (b) The following terms contained in this part shall have the 
    following meanings:
        Annual gross revenue means, with respect to a person as defined in 
    part 1400 of this title:
        (1) For a person who receives more than 50 percent of such person's 
    gross income from farming, ranching, and forestry operations, the total 
    gross income received from such operations.
        (2) For a person who receives 50 percent or less of such person's 
    gross income from farming, ranching, and forestry operations, the total 
    gross income from all sources.
        (3) The determinations made in accordance with 7 CFR part 1400,
    
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    subpart B, shall include all entities in which an individual or entity 
    has an interest, whether or not such entities are engaged in farming.
        (4) The year for which the annual gross income shall be received 
    for the purpose of this definition shall be the 1996 tax year.
        Cutting means a vine which was planted in the ground for commercial 
    production of grapes, kiwi fruit, or passion fruit.
        Eligible owner means an individual, partnership, corporation, 
    association, estate, trust, or other business enterprise or legal 
    entity and includes any Indian tribe under the Indian Self-
    Determination and Education Assistance Act; any Indian organization or 
    entity chartered under the Indian Reorganization Act; any tribal 
    organization under the Indian Self-Determination and Assistance Act; 
    and, any economic enterprise under the Indian Financing Act of 1974 
    which meets the requirements of this part.
        Eligible trees means papaya trees or orchard trees grown for 
    commercial production of fruit and nuts.
        Eligible vines means grape, kiwi fruit, or passion fruit vines 
    grown for commercial production.
        Individual stand means an area of eligible trees or vines which are 
    tended by an eligible owner as a single operation, whether or not such 
    trees or vines are planted in the same field or similar location, as 
    determined by the Deputy Administrator. Differing species of trees or 
    vines in the same field or similar area may be considered to be 
    separate individual stands if FSA determines that the species have 
    significantly differing levels of freeze, drought, earthquake, 
    hurricane, or typhoon susceptibility.
        Local county office means the county FSA office or USDA Service 
    Center that services the farm if an FSA farm serial number has been 
    assigned or, if no serial number is assigned, then the office that 
    services the county in which the eligible trees or vines are located.
        Natural disaster means drought, excessive moisture, hail, freeze, 
    tornado, hurricane, earthquake, or excessive wind.
        Normal mortality means the percentage of plant loss on the 
    individual stand of eligible trees or eligible vines which normally 
    occurs in a 12-month period.
        Orchard means eligible trees planted for commercial annual 
    production of fruit or nuts.
        Owner means a person who has legal ownership of the eligible trees 
    or vines as determined by FSA. Eligible tree or vine owners need not 
    own the land on which the trees or vines are planted.
        Seedling means an eligible tree which was planted in the ground for 
    commercial purposes.
        Total mortality means the actual percentage of eligible tree or 
    eligible vine losses on a given individual stand.
        (c) The definitions set forth in this section shall be applicable 
    for all purposes of administering the Tree Assistance Program. The 
    terms defined in part 718 of this chapter shall also be applicable, 
    except where those definitions conflict with the definitions set forth 
    in this section.
    
    
    Sec. 783.4  Program deadlines.
    
        (a) A request for benefits under this part to reimburse for losses 
    to eligible trees and eligible vines must be submitted to FSA at the 
    local county office by close of business on Friday, September 26, 1997.
        (b) All related and supporting documentation shall be submitted at 
    the time the request for assistance is filed or no later than September 
    30, 1997.
        (c) The State committee shall allow the county committee to approve 
    late-filed requests received after the enrollment period ends, but no 
    later than September 30, 1997. Late-filed requests will be accepted 
    only for those owners who applied late due to circumstances beyond 
    their control as determined by the county committee and concurred with 
    by the State committee.
        (d) The State committee may approve an extension, not to exceed 24 
    months beyond the date of application, to complete TAP practices if 
    delays are determined to be beyond the control of the applicant.
    
    
    Sec. 783.5  Ownership, income and payment limitations.
    
        (a) An eligible owner must:
        (1) Own less than 500 acres of each type of eligible tree or 
    eligible vine, regardless of their size or condition, which produce 
    annual crops for commercial purposes, or are grown for harvest for 
    commercial purposes; and
        (2) Have owned the eligible trees or eligible vines at the time the 
    natural disaster occurred and continuously until the application for 
    TAP benefits is submitted.
        (b) No person, as defined in part 1400 of this title, as 
    applicable, with an annual gross revenue in excess of $2.5 million for 
    the 1996 tax year will be eligible for TAP benefits.
        (c) The amount of payments which any person, as determined in 
    accordance with part 1400 of this title, may receive under this part in 
    connection with losses of eligible trees and eligible vines, shall not 
    exceed $25,000.
        (d) An owner who acquires eligible trees or eligible vines from a 
    previous owner approved for 1997 TAP shall not receive additional 
    program benefits due to an increase in the number of persons associated 
    with the new ownership. A new owner is allowed to receive TAP benefits 
    not paid to the previous owner if the new owner:
        (1) Acquires ownership of land or trees for which TAP benefits have 
    been approved;
        (2) Meets the income and payment limitation under this part;
        (3) Agrees to complete all practices which the original owner has 
    not completed; and
        (4) Agrees to receive any remaining payments and assumes full 
    responsibility for all provisions of TAP, including refund of payments 
    made to the previous owner, if necessary.
        (e) In the event the total amount of claims submitted under this 
    part during the sign-up period exceeds the applicable funds available 
    for such period, such payments shall be reduced by a uniform national 
    percentage. Such payment reductions shall be applied after the 
    imposition of applicable payment limitation provisions.
        (f) Federal, State, and local governments and agencies and 
    political subdivisions thereof are not eligible for benefits under this 
    part.
    
    
    Sec. 783.6  Qualifying loss.
    
        (a) An eligible owner may receive assistance under this part for 
    qualifying loss of eligible trees, eligible orchard tree seedlings, 
    eligible vines or cuttings as determined by the Deputy Administrator 
    for Farm Programs, FSA:
        (1) Which were destroyed or injured as a result of a natural 
    disaster, as determined by the county committee in accordance with the 
    instructions of the Deputy Administrator; and
        (2) For which the total mortality rate equals or exceeds 20 
    percent, after deducting the normal mortality the owner would have 
    incurred.
        (b) Qualifying loss determinations shall be made on an individual 
    stand basis. A qualifying loss shall be the loss for the individual 
    stand of eligible trees, or eligible vines, as appropriate, after 
    deducting the normal mortality of such trees or vines, equal to or in 
    excess of 20 percent mortality.
        (c) Qualifying losses of eligible trees or vines shall not include:
        (1) Losses which could have been prevented through readily-
    available horticultural measures; or
        (2) Losses of trees or vines which would normally have been 
    rehabilitated
    
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    or replanted within the 12-month period following the loss, in the 
    absence of the natural disaster.
        (d) When visible evidence of losses no longer exists on the site 
    where the eligible trees or eligible vines were planted, acceptable 
    evidence as determined in accordance with instructions issued by the 
    Deputy Administrator must be established for the county committee to 
    qualify the individual stand for the program.
    
    
    Sec. 783.7  Eligible costs.
    
        (a) Payments will be made only to the extent specifically provided 
    for in this part. An eligible owner shall be reimbursed under this 
    part, to the extent of the availability of funds, for an amount not to 
    exceed 100 percent of the eligible costs of replanting or 
    rehabilitating trees or vines, not in excess of the number of trees or 
    vines constituting the qualifying loss. Such reimbursement may be based 
    on average costs or the actual costs for the replanting, or 
    rehabilitating practices, as determined by the Deputy Administrator. If 
    the costs are to replace eligible trees or eligible vines, the costs 
    reimbursed under this part shall only be for replacement seedlings or 
    cuttings of a size and quality determined by Deputy Administrator to be 
    sufficient for that purpose. The costs for which cost-sharing shall be 
    permitted shall only be the costs of:
        (1) The seedlings or cuttings, eligible tree or vine rehabilitation 
    measures;
        (2) Site preparation measures and debris handling measures that are 
    normal cultural practices for the type of individual stand being re-
    established and necessary to ensure successful plant survival;
        (3) Chemicals and nutrients if needed to ensure successful plant 
    survival; and
        (4) Labor used to physically plant or rehabilitate such seedlings 
    or cuttings as based on standard labor rates as determined by the 
    county committee.
        (b) Costs eligible for reimbursement under this part specifically 
    exclude items such as fencing, irrigation, irrigation equipment, 
    measures to protect seedlings from wildlife, and general land and 
    eligible tree or vine stand improvements, and re-establishing 
    structures and windscreens.
        (c) When eligible trees or eligible vines are replanted instead of 
    rehabilitated, the types planted may be different than those originally 
    planted if the new types have the same general end use as determined by 
    the county committee. Payments will be based on the lesser of rates 
    established to plant the types actually lost or the cost to establish 
    the trees or vines actually used. Eligible costs shall not include 
    costs incurred for planting species of seedlings or cuttings differing 
    significantly from the species of the seedlings or cuttings 
    constituting the qualifying loss except as approved by the Deputy 
    Administrator. If such substitution is approved, eligible costs shall 
    be the lesser of:
        (1) The actual eligible costs incurred; or
        (2) The estimated eligible costs which otherwise would have been 
    incurred to replant the species constituting the qualifying loss.
        (d) Costs eligible for reimbursement under this part shall only 
    include expenditures approved within the limits set by this part, 
    including, but not limited to, those limits set forth in paragraph (a) 
    of this section. Eligible costs include costs incurred before an 
    application for payment is submitted. Eligible costs shall only include 
    those costs for which the eligible owner has submitted documentation 
    determined by the county committee to adequately document such costs. 
    The county committee shall limit TAP payments for eligible costs at the 
    minimum level to re-establish an individual stand, as determined by the 
    State committee.
        (e) Payments shall not exceed the lesser of 100 percent of the 
    eligible costs actually incurred by an eligible applicant for 
    replanting or rehabilitating the qualifying loss, or the average cost 
    to replant or rehabilitate the qualifying loss, as determined by the 
    Deputy Administrator.
    
    
    Sec. 783.8  Application process.
    
        (a) Applications for payment shall be filed by the eligible owner 
    with the local county office and shall contain an estimate by the 
    applicant of the number of eligible trees or eligible vines which 
    constitute the qualifying loss and the amount of the acreage of the 
    individual stands with respect to which the loss was suffered. The 
    applicant must provide sufficient evidence of the losses so as to allow 
    the county committee to determine qualifying losses.
        (b)(1) The county committee or a designee may conduct field reviews 
    to determine the actual qualifying loss and the acreage of individual 
    stands with respect to which the loss was suffered. The county 
    committee and, if designated by the county committee, the county 
    executive director, are authorized, subject to the provisions of this 
    part, to approve or disapprove all applications, subject to the 
    limitations and conditions of this part, provided the applicant is not 
    a county committee member or an FSA employee.
        (2) The State committee shall approve or disapprove applications of 
    the county committee members and all FSA employees except applications 
    submitted by the State Executive Director, or by a State committee 
    member.
        (3) The Deputy Administrator, or a designee, shall approve or 
    disapprove applications of State committee members and the State 
    Executive Director.
        (4) All applications forwarded to a higher reviewing authority for 
    consideration shall be accompanied by committee recommendations. No 
    application shall be approved unless the owner meets all eligibility 
    requirements. Information furnished by the applicant and any other 
    information, including knowledge of the county and State committee 
    members concerning the owner's normal operations, shall be taken into 
    consideration in making recommendations and approvals. If information 
    furnished by the owner is incomplete or ambiguous and sufficient 
    information is not otherwise available with respect to the owner's 
    farming operations in order to make a determination as to the owner's 
    eligibility, the owner's application shall not be approved until 
    sufficient additional information is provided by the owner.
        (c) TAP eligibility and payments are not affected by participation 
    in crop or tree insurance, or the receipt of any other payments.
    
    
    Sec. 783.9  Obligations of an eligible owner.
    
        (a) Eligible owners must submit a request for assistance on the 
    approved form and must also submit all documentation requested by the 
    appropriate official as necessary to make determinations specified in 
    this part.
        (b) Eligible owners must:
        (1) Comply with all terms and conditions of this part;
        (2) Execute all required documents;
        (3) Comply with all applicable noxious weed laws; and
        (4) Complete the TAP practice within 24 months of the date the 
    application is approved.
        (c) In the event of a determination that a person was erroneously 
    determined to be eligible or has become ineligible for all or part of a 
    payment made under this part for any reason, including a failure to 
    comply with the terms and conditions of this part, or other condition 
    for payment imposed by the county or State committee or the Deputy 
    Administrator, such person shall refund any payment paid under this 
    part together with interest. Such interest shall be charged at the rate 
    determined
    
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    for late payment charges under part 1403 of this title and computed 
    from the date of disbursement of the payment to the date of the refund.
        (d) Eligible owners must allow representatives of FSA to visit the 
    site for the purposes of examining and certifying mortality and 
    practice completion.
    
    
    Sec. 783.10  Partial performance.
    
        (a) Participants may elect not to replant the maximum amount of 
    eligible trees or eligible vines because of imposition of the payment 
    limitation in Sec. 783.5(c) or any other reason. If owners partially 
    complete their practices after they apply, but do not replant or 
    rehabilitate all of their qualifying trees or vines, the county 
    committee shall calculate payment based on the extent performed.
        (b) Eligible owners who have been paid but choose not to complete 
    the practice by the final practice expiration date shall refund their 
    payments with interest. Interest on these refunds shall be calculated 
    beginning on the date the payment was disbursed. Such refund amounts 
    may be reduced, at the discretion of the Deputy Administrator, when 
    only part of the required replanting practice is not implemented.
    
    
    Sec. 783.11  Liens and claims of creditors; set-offs.
    
        Any payment or portion thereof due any person under this part shall 
    be allowed without regard to questions of title under State law, and 
    without regard to any claim or lien in favor of any person except 
    agencies of the U.S. Government. The regulations governing set-offs and 
    withholdings found at part 792 of this chapter shall be applicable to 
    this part.
    
    
    Sec. 783.12  Appeals.
    
        Any person who is dissatisfied with a determination made with 
    respect to this part may make a request for reconsideration or appeal 
    of such determination in accordance with the appeal regulations set 
    forth at part 11 of this title and part 780 of this chapter.
    
    
    Sec. 783.13  Misrepresentation and scheme or device.
    
        (a) A person shall be ineligible to receive assistance under this 
    program if such person is determined by the State committee or the 
    county committee to have:
        (1) Adopted any scheme or device which tends to defeat the purpose 
    of this program;
        (2) Made any fraudulent representation; or
        (3) Misrepresented any fact affecting a program determination.
        (b) All moneys paid by CCC under this part to any such person or to 
    any other person as a result of such person's actions shall be refunded 
    to CCC with interest together with such other sums as may become due. 
    The party engaged in acts prohibited by this section and the party 
    receiving payment shall be jointly and severally liable for any refund 
    due under this section and for related charges. The remedies provided 
    to CCC in this part shall be in addition to other civil, criminal, or 
    administrative remedies which may apply.
    
    
    Sec. 783.14  Estates, trusts, and minors.
    
        (a) Program documents executed by persons legally authorized to 
    represent estates or trusts will be accepted only if such person 
    furnishes evidence of the authority to execute such documents.
        (b) A minor who is an otherwise eligible owner shall be eligible 
    for assistance under this subpart only if such person meets one of the 
    following requirements:
        (1) The minor establishes that the right of majority has been 
    conferred on the minor by court proceedings or by statute;
        (2) A guardian has been appointed to manage the minor's property 
    and the applicable program documents are executed by the guardian; or
        (3) A bond is furnished under which the surety guarantees any loss 
    incurred for which the minor would be liable had the minor been an 
    adult.
    
    
    Sec. 783.15  Death, incompetency, or disappearance.
    
        In the case of death, incompetency or disappearance of any owner 
    who is eligible to receive assistance in accordance with this part, 
    such person or persons specified in part 707 of this chapter may 
    receive such assistance.
    
    
    Sec. 783.16  Other regulations.
    
        In addition to any other regulations as may be applicable, the 
    following regulations shall also apply to this part:
        (a) Part 11 of this title, National Appeals Division Rules of 
    Foreclosure;
        (b) Part 12 of this title, Highly Erodible Land and Wetland 
    Conservation;
        (c) Part 703 of this chapter, Debt Settlements, Policies and 
    Procedures;
        (d) Part 718 of this chapter, Provisions Applicable to Multiple 
    Programs;
        (e) Part 780 of this chapter, Appeal Regulations;
        (f) Part 1400 of this title, Payment Limitation and Payment 
    Eligibility; and
        (g) Part 1404 of this title, Assignments.
    
    
    Sec. 783.17  Paperwork Reduction Act assigned numbers.
    
        The information collection requirements of this part have been 
    submitted to the Office of Management and Budget (OMB) for purposes of 
    the Paperwork Reduction Act.
    
        Signed at Washington, D.C., on September 24, 1997.
    Bruce R. Weber,
    Acting Administrator, Farm Service Agency.
    Acting Executive Vice President, Commodity Credit Corporation.
    [FR Doc. 97-25739 Filed 9-24-97; 3:39 pm]
    BILLING CODE 3410-05-P
    
    
    

Document Information

Effective Date:
9/24/1997
Published:
09/29/1997
Department:
Commodity Credit Corporation
Entry Type:
Rule
Action:
Interim rule.
Document Number:
97-25739
Dates:
Interim rule effective September 24, 1997. Written comments on this rule must be received on or before October 29, 1997 to be assured of consideration. Comments on the information collections in this rule must be received on or before November 28, 1997 in order to be assured of consideration.
Pages:
50849-50853 (5 pages)
RINs:
0560-AF17: Tree Assistance Program for 1997
RIN Links:
https://www.federalregister.gov/regulations/0560-AF17/tree-assistance-program-for-1997
PDF File:
97-25739.pdf
CFR: (31)
7 CFR 783.1
7 CFR 783.2
7 CFR 783.3
7 CFR 783.4
7 CFR 783.5
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