[Federal Register: April 30, 2004 (Volume 69, Number 84)]
[Notices]
[Page 23721-23722]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap04-30]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 23721]]
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Livestock Indemnity Program for Livestock Losses Due to Southern
California Fires
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Notice of funds availability.
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SUMMARY: The Commodity Credit Corporation (CCC) is issuing this notice
to inform interested parties of the availability of $500,000 to provide
assistance to producers who suffered livestock losses due to wild fires
in Southern California. Assistance will be provided in the same manner
as the assistance provided under terms applicable to a previous
Livestock Indemnity Program.
DATES: The Farm Service Agency (FSA) will begin accepting applications
on April 15, 2004. The application deadline is June 14, 2004, or such
other date as determined by FSA's Deputy Administrator for Farm
Programs.
FOR FURTHER INFORMATION CONTACT: Eloise Taylor, Chief, Compliance
Branch, Production, Emergencies and Compliance Division, FSA, 1400
Independence Ave., SW., Washington, DC 20250-0517, (202) 720-9882, or
e-mail at: Eloise_Taylor@wdc.usda.gov or http://www.regulations.gov.
Persons with disabilities who require alternative means for
communication of regulatory information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600
(voice and TDD).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The collection of information from the public to implement this
program has been approved by the Office of Management and Budget under
Control Number 0560-0179.
Background
This notice provides California Livestock Indemnity Program terms
and conditions, and informs affected parties that they may be eligible
for benefits. Section 102(g) of Division H of the Consolidated
Appropriations Act, 2004 (Public Law 108-199, January 23, 2004),
provided $500,000 of funds of the CCC for a livestock indemnity program
in Southern California ``under the heading `Commodity Credit
Corporation' '' in the 1999 emergency Supplemental Appropriations Act,
Public Law 106-31. That provision is accompanied in Section 102 with
other provisions addressing recent wildfire losses. In accord with the
understood intent of the livestock provision, the CCC is making
available by this notice $500,000 for those losses, namely in Southern
California, to livestock owners in the counties of Ventura, San
Bernardino, Santa Barbara, San Diego, Riverside, and Los Angeles who
suffered eligible livestock losses from wildfires in the fall of 2003.
No claims will be paid except upon the filing of a proper application
during the application period as announced in this notice. All claims
are subject to the availability of funds. Owners will be compensated by
livestock category as established by CCC. The owner's loss must be the
result of the wild fires and in excess of normal losses, as established
by CCC, for the owner's livestock operation. The requirements as set
forth below apply as do any additional terms as may be imposed in the
application process by the agency.
Comments and questions concerning this notice may be directed to
Eloise Taylor at the address above. However, because the nature of the
relief, it has been determined that a delay in this action would be
contrary to the public interest, and Congressional intent. Thus, the
notice is effective immediately.
I. How To Apply
(A) Livestock owners must submit the application for benefits at
the FSA service center for the area in which the livestock was lost.
Except as otherwise provided in this notice, owners must meet all
eligibility requirements as codified at 7 CFR part 1439, Subpart A.
Further, expect as otherwise provided in this notice, the terms and
conditions, requirements, and definitions of the regulations published
in the Federal Register on November 1, 1999 (64 FR 58766), for the
livestock indemnity program provided in Public Law 106-31 shall apply.
(B) The livestock owner shall provide any available supporting
documents that will assist the FSA county committee, or is requested by
the county committee, including, but not limited to:
(1) Evidence of the quantity of eligible livestock that perished in
the natural disaster, such as purchase records, veterinarian receipts,
bank loan papers, rendering truck certificates, Federal Emergency
Management Agency and National Guard records, auction barn receipts,
and any other documents available to confirm the presence of the
livestock and subsequent losses; and
(2) Evidence, including any documents available, confirming that
the disaster was responsible for the livestock losses.
(3) Certifications by the owner and other such documentation the
county committee determines to be necessary to verify the information
provided by the owner. Third-party verifications may be accepted only
if the owner certifies in writing that there is no other documentation
available. Third-party verification must be signed by the verifying
party. Failure to provide documentation that is satisfactory to the
county committee will result in the disapproval of the application.
II. Payment Limitations
(A) Funding for the program is limited to $500,000. In the event
that amount is insufficient to pay all approved claims, CCC will reduce
the payments for all eligible and timely submitted claims on a pro rata
basis or other method deemed appropriate by CCC.
(B) The total amount of benefits that a person may receive, as
determined in accordance with 7 CFR Part 1400, shall not exceed
$50,000.
III. Who Is Eligible
Eligible producers for California LIP payments are livestock owners
in the Southern California counties of Ventura, San Bernardino, Santa
Barbara, San Diego, Riverside, and Los Angeles who suffered livestock
losses from wildfires in the fall of 2003, and to livestock producers
in Kern or Tulare county who suffered livestock losses from the McNally
fire in 2002.
[[Page 23722]]
IV. Eligibility Determinations
Eligibility determinations will be made by the county committee
upon receipt of all necessary data. Ineligible causes of loss are those
that are not a direct result of the wild fires.
A person, as defined in 7 CFR Part 1400, who has annual gross
revenue in excess of $2.5 million shall not be eligible for benefits
from this program.
V. Payment Calculations
(A) LIP payments will be based on the owner's share of the lost
livestock.
(B) Payments will be calculated by multiplying the national payment
rate for the livestock category, as determined by CCC, by the number of
qualifying animals determined in paragraph I, above.
VI. General
(A) LIP will be under the supervision of the Deputy Administrator
for Farm Programs, who will have the authority to modify terms and
conditions of the program in order to achieve the purposes of the
program.
(B) Livestock owners shall certify the accuracy of the information
provided. All information provided is subject to verification and spot
checks by CCC. Failure to provide information requested by the county
committee or by agency officials is cause for denial of any
application.
(C) The livestock owner must agree to the final terms and
conditions.
(D) For additional information, affected livestock owners should
contact Eloise Taylor at the address shown above.
(E) Payments are subject to administrative offset.
VII. Appeals
Once all claims have been submitted, individual applicants will
have 30 days to challenge the payment amount with the county committee.
Signed at Washington, DC, April 20, 2004.
Michael W. Yost,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 04-9800 Filed 4-29-04; 8:45 am]
BILLING CODE 3410-05-P