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| 10.451 NONINSURED ASSISTANCE |
| (NAP) |
| FEDERAL AGENCY |
| FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE |
| AUTHORIZATION |
| Federal Agriculture Improvement and Reform Act of 1996, as amended, 15 U.S.C. 714b and 714c; 7 U.S.C. 7333. |
| OBJECTIVES |
| To provide crop loss assistance comparable to the catastrophic risk protection level of crop insurance to producers of commercial crops or other agricultural commodities for which the catastrophic risk protection level of crop insurance is not available. |
| TYPES OF ASSISTANCE |
| Direct Payments with Unrestricted Use. |
| USES AND USE RESTRICTIONS |
| None. |
| Applicant Eligibility |
| Eligible crops include each commercial crop or other agricultural commodities (except livestock and their by-products; tobacco; and trees grown for wood, paper, or pulp products) that is produced for food or fiber and specifically includes: Floricultural, ornamental nursery, and Christmas tree crops, turfgrass sod, seed crops, aquaculture (including ornamental fish), and industrial crops. An eligible producer is an owner, landlord, tenant, or sharecropper: (1) Who shares in the risk of producing the crop; (2) who is entitled to share in the crop available for marketing or would have shared had the crop been produced; and (3) whose qualifying gross revenue is less than $2 million for the preceding tax year for which an application for coverage is filed. |
| Beneficiary Eligibility |
| Applicant Eligibility: Eligible crops include each commercial crop or other agricultural commodities (except livestock and their by-products; tobacco; and trees grown for wood, paper, or pulp products) that is produced for food or fiber and specifically includes: floricultural, ornamental nursery, and Christmas tree crops, turfgrass sod, seed crops, aquaculture (including ornamental fish), and industrial crops. An eligible producer is an owner, landlord, tenant, or sharecropper: (1) who shares in the risk of producing the crop; (2) who is entitled to share in the crop available for marketing or would have shared had the crop been produced; and (3) whose qualifying gross revenue is less than $2 million for the preceding tax year for which an application for coverage is filed. |
| Credentials/Documentation |
| Applicants must provide to the local administrative FSA office, annual certifications of acreage, yield, and production. Randomly selected producers and producers requesting program payments must also provide acceptable records of production. Applicants must provide evidence as necessary for a proper determination of their eligibility. |
| Preapplication Coordination |
| None. This program is excluded from coverage under E.O. 12372. |
| Application Procedure |
| Applicants must file an application for coverage in the local administrative FSA office. An applicable service fee must accompany the application. Coverage is effective the later of: (1) 30 days after the application for coverage is filed; (2) date the crop is planted for yield-based crops or the beginning of the crop year for all other eligible crops. Other documentation required to fulfill the application requirements include: (1) A report of acreage, facility, etc.; (2) a notice of loss when the eligible crop is prevented from being planted as a result of eligible natural disaster or the eligible planted crop or commodity suffers loss of yield due to eligible natural disaster; (3) if the crop is harvested, a certification of production, and in the crop year for which an application for payment is filed, acceptable evidence of production, (4) if the crop will not be harvested, a request to the local county FSA office for appraisal; and (5) a certification of gross revenue. |
| Award Procedure |
| None. |
| Deadlines |
| Applications for coverage to include both prevented planting and low-yield coverage must be filed at least 30 calendar days prior to the final planting date for yield based crops or in the case of multiple planted crops, 30 calendar days prior to the beginning of the respective planting period. Applications for coverage to include only low-yield coverage may be filed until the final planting date for yield based crops or in the case of multiple planted crops, the beginning of the respective planting period. Applications for all other eligible crops must be filed no later than the beginning of the crop year. Other reporting requirements and deadlines will become applicable upon acceptance of the application for coverage. |
| Range of Approval/Disapproval Time |
| The county committee will normally make a decision regarding the application for payment within 60 calendar days after all required information and documentation is received. |
| Appeals |
| Applicants may request reconsideration of a decision by the decision authority or appeal such decisions to a higher authority including the county and State FSA committees and the National Appeals Division. |
| Renewals |
| None. |
| Formula and Matching Requirements |
| Formula and matching requirements are not considered under this part. |
| Length and Time Phasing of Assistance |
| Assistance is normally provided in a single payment following approval of the application for payment. |
| Reports |
| There are no reports due for post assistance requirements under this program. |
| Audits |
| Recipients under this program are subject to audit by the Office of the Regional Inspector General, USDA. |
| Records |
| Applicants must retain financial books and records that permit verification of all transactions for at least 3 years following the end of the calendar year in which an application for coverage is filed. |
| Account Identification |
| 12-4336-0-3-351. |
| Obligations |
| (Direct Cash Payments) FY 07 $327,744,000; FY 08 est not available; and FY 09 est not reported. |
| Range and Average of Financial Assistance |
| Not applicable. |
| PROGRAM ACCOMPLISHMENTS |
| None. |
| REGULATIONS, GUIDELINES, AND LITERATURE |
| Procedural handbooks and published regulations are available in county FSA offices. |
| Regional or Local Office |
| Consult the local telephone directory for location of the nearest county FSA office. If no listing, contact the appropriate State FSA office. |
| Headquarters Office |
| Department of Agriculture, Farm Service Agency, Production, Emergency and Compliance Division, Noninsured Assistance Program Branch, Stop 0517, 1400 Independence Avenue SW, Washington, DC 20250-0526. Telephone: (202)720-5172. |
| Web Site Address |
| http://www.fsa.usda.gov |
| RELATED PROGRAMS |
| 10.450, Crop Insurance; 10.054, Emergency Conservation Program; 10.404, Emergency Loans; 10.066, Livestock Assistance Program; 10.073, Crop Disaster Program; 10.452, Disaster Reserve Assistance. |
| EXAMPLES OF FUNDED PROJECTS |
| There are no funded projects related to this program. |
| CRITERIA FOR SELECTING PROPOSALS |
| None. |
|
General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
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