NOTICES
DEPARTMENT OF AGRICULTURE
Guidelines for Distribution of Drought Relief Funds under Act 57 of 1999
[30 Pa.B. 905] Authority: The Department of Agriculture (Department) under the authority granted it under Act 57 of 1999, known as The Drought, Orchard and Nursery Indemnity and Flood Relief Act (act) has developed the following guidelines to administer the drought relief program established by Chapter 3 of the act. Under Chapter 3 of the act, the Commonwealth of Pennsylvania created a drought relief program in the form of crop loss assistance grants for eligible Pennsylvania producers that suffered crop loss due to the drought of 1999. The $60 million state crop loss assistance program (State Program) is in addition to any crop loss assistance available under the United States Department of Agriculture-Farm Service Agency 1999 Crop Disaster Program (Federal Program). In order to be eligible for the State Program, a Pennsylvania producer must meet the eligibility criteria of the Federal Program and the act. A copy of the USDA-FSA fact sheet which, delineates the criteria for the Federal Program follows as ''Exhibit A'' and is made a part of these guidelines.
Purpose: The purpose of the State Program is to provide financial assistance to drought-stricken Pennsylvania producers consistent with the provisions of the act. The intent of the act is to provide Commonwealth funds in addition to the $75 million or more in funds provided by the Federal government. The State Program is intended to help preserve and protect Pennsylvania agriculture's ability to continue to produce food and fiber.
Definitions: The following definitions are consistent with those contained in the act and are listed for clarity and as a service to the applicant.
Crop. An eligible crop defined by the United States Department of Agriculture-Farm Service Agency for the 1999 Crop Disaster Program.
Department. The Department of Agriculture of the Commonwealth.
Eligible Producer. A person that:
(1) Operated a farm in this Commonwealth which suffered a crop loss of at least 35% due to the drought of 1999; and
(2) Is engaged in the business of producing crops within this Commonwealth.
Federal Program. The United States Department of Agriculture-Farm Service Agency 1999 Crop Disaster Program.
State Program. The drought relief program established under Chapter 3 of the act.
USDA. The United States Department of Agriculture.
USDA-FSA. The United States Department of Agriculture-Farm Service Agency.
A. Grant Program: The following guidelines address the State Program:
I. General: The State Program eligibility and payment criteria are based on the Federal Program. Pennsylvania producers who qualify under the 1999 Federal Program will be eligible for grants under the State Program. The Department will determine a producer's eligibility and calculate the amount of a State Program grant based on the information contained in the producer's approved Federal Program application and eligibility information released to the Department by the USDA-FSA. The amount of a State Program grant will not exceed 75% of the grant amount a producer receives under the Federal Program.
II. Funds Available Basis: There are limited funds available for the State Program. Grants under the State Program will be distributed to the extent funds are available. State Program grants will be distributed at the discretion of the Department under the criteria established by the act and these guidelines.
III. Applications.
(a) Application. All producers wishing to participate in the State Program must apply to the USDA-FSA and meet the eligibility criteria for the Federal Program.
(b) Waiver of confidentiality form. When filling out an application for assistance under the Federal Program, a producer must also fill out and sign a state ''Drought Relief Program Application And Waiver Of Confidentiality Form'' (form). The form was developed by the Department, in consultation with the USDA, and distributed to all USDA-FSA offices in the Commonwealth. A copy of the form follows as ''Exhibit B'' and is made a part hereof these guidelines. The form authorizes the USDA-FSA to share the producer's eligibility information with the Department and serves as the producer's application for a grant under the State Program. (Important Note: The producer's signature(s) on the form must appear exactly as it appears on all USDA forms. The USDA will only release information to the Department if the signature appearing on the form matches the legal entity appearing on all USDA forms. Without this information the Department will be unable to process a producer's application for a State Program grant.)
IV. Eligibility criteria.
(a) Sign-up Period. The State Program will follow the Federal Program sign-up schedule which began December 13, 1999, and ends February 25, 2000.
(b) Eligible producer. To be eligible for a State Program grant a producer must:
1) Meet the eligibility criteria of and be approved to receive assistance under the Federal Program.
2) Meet the definition of an ''Eligible Producer'' under the act.
3) Properly fill out and sign a state ''Drought Relief Program Application and Waiver of Confidentiality Form.''
4) Have applied for a Federal Program grant and submitted the proper documentation to USDA-FSA by February 25, 2000.
(b) Review of applications. Upon receipt of the ''Drought Relief Program Application and Waiver of Confidentiality Form'' and all necessary approval and eligibility information from the USDA-FSA, the Department will review and determine the applicants eligibility and the grant amount for which the applicant is eligible under the State Program.
(c) Approval Power. An application for a State Program grant may be approved, approved with special conditions or rejected in accordance with the general conditions and criteria established by the act and these guidelines. The Department shall have final approval and denial authority with regard to all State Program grant applications.
V. Notice of Disposition of Application. Within 20 days of receiving a producer's application for a grant under the State Program and all necessary eligibility information from the USDA-FSA, the Department will render a decision approving, approving with special conditions or denying the application. Applicants will be notified in writing of the Department's final decision. This notice will be sent by regular mail to the address indicated by the applicant on the application form.
VI. Payment schedule.
(a) Advance Payment. An advance payment will be made to all approved State Program grant applicants. The amount of an approved applicant's advance payment under the State Program will be 35% of the advance payment made by the USDA to that approved applicant under the Federal Program.
(d) Final program payment. A final payment will be made to approved State Program grant applicants after the close of the sign-up period. The final payment will be based on the amount of funds still available from the $60 million allocated under section 5102(A) of the act and the final number of approved State Program grant applicants. If funds appropriated under section 5102(A) of the act are not sufficient to provide grants of up to 75% of the amount each approved eligible producer received under the Federal Program the final payment will be dispersed on a pro-rata basis. Under no circumstances shall the final payment plus the advance payment total more than 75% of the amount an approved eligible producer received under the Federal Program.
VII. Additional Information. Additional information regarding the State Program may be obtained by contacting the Department at (717) 787-4737 or by logging on to the Department's website at www.pda.state.pa.us.
SAMUEL E. HAYES, Jr.,
Secretary
Farm Service Agency United States
Department of
Agriculture
Fact Sheet
Crop Disaster Program November 1999
The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000 included $1.2 billion for the Crop Disaster Program (CDP). CDP assistance is for farmers who suffered losses to 1999 crops due to natural disasters.
Farmers are eligible for compensation for 1999 crop losses directly attributed to adverse weather and related conditions.
Eligible Crops
CDP covers all crops as follows:
* Insured Crops--Crops insured by either catastrophic (CAT) or buy-up (coverage of 50/100 or greater) crop insurance;
* Uninsured Crops--Crops for which crop insurance was available but not taken;
* Noninsurable Crops--crops for which crop insurance was not available.
As a condition of receiving benefits under this program, producers who did not insure 1999 crops are required to purchase crop insurance in 2000 and 2001 for all insurable crops of economic significance.
Payment Calculation
Payments are limited to $80,000 per person.
Farmers will be compensated if their losses exceed 35 percent of historic yields. The payment formulas below provide greater benefits to farmers who bought insurance on their eligible crops.
* Farmers with eligible losses of insured crops will be compensated at 65 percent of crop insurance market price elections.
* Farmers with eligible losses to uninsured crops will be compensated at 60 percent of the crop insurance market price elections.
* Farmers with eligible losses to noninsurable crops will be compensated at 65 percent of the 5-year average National Agricultural Statistics Service (NASS) price. Noninsured Crop Disaster Assistance (NAP) area loss triggers do not apply.
Historic yields will be based on the higher of the 5-year NASS county average yield, or the crop insurance APH yield, or the NAP-approved yield.
Adjustments and Limits to Benefits
Payments to farmers will be prorated after all applications are reviewed in order to stay within the program's requirements and budget. No farmer will receive more than $80,000 under this program nor more than $80,000 in crop insurance incentives. No one with an annual gross income of $2.5 million or more is eligible.
When and Where to Apply
Sign-up begins December 13, 1999, and ends February 25, 2000. Farmers should contact their local USDA Service Center or FSA office at that time for more information. Crop loss payments will be made after all claims information has been processed and factors applied. To get a crop insurance premium discount, farmers should contact a crop insurance agent. FSA offices have a list of agents.
Further information is available at local FSA offices and USDA Service Centers. These are usually listed in telephone books under ''United States Government, U. S. Department of Agriculture.'' You may also obtain information from FSA's Home Page at www.fsa.usda.gov
__________The Department of Agriculture (USDA) prohibits discrimination in its programs on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, D.C., 20250-9410, or call (202) 750-5964 (voice and TDD). USDA is an equal employment opportunity employer.
__________
EXHIBIT A
Commonwealth of Pennsylvania
DEPARTMENT OF AGRICULTURE
December 13, 1999
DROUGHT RELIEF PROGRAM
APPLICATION AND WAIVER OF CONFIDENTIALITY FORMDear Producer:
Under Act 57 of 1999, known as The Drought, Orchard and Nursery Indemnity and Flood Relief Act, the Commonwealth of Pennsylvania has created an emergency drought relief program in the form of crop loss assistance for producers who suffered crop loss due to the drought of 1999. To be considered, you must apply to the USDA-FSA and meet the eligibility criteria for the federal 1999 Crop Disaster Program. In addition, you must complete and sign this application, which authorizes the USDA-FSA to share your eligibility information with the Commonwealth of Pennsylvania, Department of Agriculture (PDA). If you qualify for a grant under the federal program, PDA will use the eligibility information to calculate your state crop loss assistance. The amount of your state grant, if any, will not exceed 75% of the amount you receive under the federal program. Payment of grant money under the Commonwealth's emergency drought relief program will be mailed directly to the address listed on the USDA-FSA eligibility records received by the PDA.
The United States Department of Agriculture and its agents and instrumentalities (USDA), gathered information as part of its administration of the 1999 Crop Disaster Program (1999 CDP) authorized by the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000, and the Omnibus Consolidated Appropriations Act, 2000.
I, ___________________________ , hereby authorize USDA to release to the Commonwealth of Pennsylvania, Department of Agriculture, the following information gathered by USDA as part of the 1999 CDP:
1. The data contained on Forms CCC-547, CCC-547A; CCC-547B; and CCC-547C;
2. The amount of money disbursed to me by USDA under the 1999 CDP; and
3. Any other information the Commonwealth of Pennsylvania, Department of Agriculture requests for the purpose of administering its drought relief program and my application thereunder.
I understand that I am authorizing the release of information under the Privacy Act (5 USC § 552a).
(IMPORTANT NOTE--Your signature and all other information required below must appear exactly as it appears on all USDA forms. If it does not, the USDA will not release your information and the PDA will be unable to process your application for grant funds under the Commonwealth's emergency drought relief program.)
(Please type or print clearly.)
Name _________________ County _________________ Address _________________ Soc. Security No. _________________ ___________________________ Phone Number _________________ ___________________________ ___________________________ Signature Date
EXHIBIT B
[Pa.B. Doc. No. 00-294. Filed for public inspection February 18, 2000, 9:00 a.m.]
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