Federal Register: August 17, 2001 (Volume 66, Number 160)
DOCID: FR Doc 01-20843
DEPARTMENT OF AGRICULTURE
Farm Service Agency
NOTICE: NOTICES
ACTION: Agriculture Risk Protection Act; grower compensation:
DOCUMENT ACTION: Notice of intent to make monies available to the State of California for grower losses due to Pierce's disease.
SUBJECT CATEGORY:
Income Assistance for Grape Vine Losses Due to Pierce's Disease
DATES: Comments on this notice must be received by September 17, 2001 to be assured of consideration.
Submit written comments to:
DOCUMENT SUMMARY:
Section 203 of the Agricultural Risk Protection Act of 2000, Pub. Law 106224, addresses losses caused to growers for losses due to Pierce's disease. As set out in this notice, it appears specifically that it was the intent of Congress that $7 million be made available to the State of California to cover such losses in that State. In this notice, it is proposed that the payment be made to the State should the State agree to undertake the disposition of the funds to growers under such standards as the State might develop.
SUMMARY:
California grape vine losses due to Pierce's disease; income assistance,
SUPPLEMENTAL INFORMATION
Section 203(e) of the Agricultural Risk
Protection Act of 2000 (ARPA), Public Law No. 106224, provided in a
subsection entitled ``Grower Compensation'' that of amounts made available under section 261(a)(2) of that
[[Page 43178]]
Act $25,000,000 should be used by the Secretary to compensate growers
for losses on several specificallynamed plant diseases. No particular
breakdown of whom should be paid was set out in the statute, nor was a
particular area identified for payments or a particular disposition
specified in the statute for dividing up the funds among the eligible
causes of loss. However, among the covered causes of losses covered in
section 203(e) was that covered in section 203(e)(1)(C), which
specified that monies could be used to pay growers for losses due to
Pierce's disease, a disease that can damage vines. In this respect, the
Managers report that accompanied ARPA specified that: ``With respect to
Pierce's disease, the Managers expect the Secretary to utilize at least
$7,140,000 in a manner that enables the California Department of Food
and Agriculture to utilize such funding for state and local efforts to
contain and control Pierce's disease, which is devastating agricultural
areas in southern California, and is moving northward. Funds are needed
immediately to monitor for the earliest signs of the diseases and to
inspect nursery stock prior to shipment. The disease is spread by a
vigorous and difficult to control insect called the glassywinged
sharpshooter. This insect is a major problem, but the elimination of
the insect would not eliminate the disease.'' Some ambiguity exists in
the Manager's Report because the Manager's Report referred to monies
being expended for eradication efforts and the text of the law referred
to payments to growers for their losses. Also of note is section
261(a)(2) of ARPA. That subsection specified that funding will be
available for section 203, but it was further specified in section 262
of ARPA that funds made available under section 261(a)(2) must be
obligated and expended in fiscal year 2001, which ends September 30,
2001. Further, section 804 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 2001
(2001 Appropriations Act) provides that the Secretary could use the
funds of the Commodity Credit Corporation (CCC) to administer and make
payment for losses not otherwise compensated to compensate growers for
losses due to Pierce's disease. CCC does plan to provide for coverage
of such losses generally in the crop loss program being implemented
under sections 804 and 815 of the 2001 Appropriations Act and will do
so for growers in all affected areas. In using the discretionary
authority under section 804 CCC has planned to treat Pierce's disease
in the same manner as other losses covered by section 815, which
incorporates by reference to previous disaster programs provisions for
a payment limitation and a gross income test for eligibility.
In order to assure that any funds for these losses are used to compensate grape growers for vine losses it is proposed in this notice that, as set forth in the Manager's Report accompanying this provision, that $7,140,000 be made available to the State of California for losses resulting from Pierce's disease infection spread by the Glassywing sharpshooter. These funds would be made available directly to the State and the State would decide how it would distribute funds among affected growers. All comments favorable or unfavorable to this disposition should be addressed to the person above by the indicated date.
By statute, the funds under section 203 must be expended by September 30, 2001. Accordingly, it does not appear feasible to do anything but make the payment to the State of California. The State would be allowed to deduct from the sums made available to growers those sums needed to administer the program. If the State was unwilling to take on the burden of disposing of the funds then the fund would go unexpended. As provided under section 804 of the 2001 Appropriations Act, any payments received by producers as a result of disbursements under section 203 of ARPA (that is, any disbursement resulting from the payment contemplated by this notice) would count against that person's eligibility under the program administered by CCC under section 804.
Signed at Washington, DC, on August 13, 2001.
James R. Little,
Acting Administrator, Farm Service Agency.
[FR Doc. 0120843 Filed 81501; 10:02 am]
BILLING CODE 341005P
FOR FURTHER INFORMATION CONTACT
Sharon Biastock, telephone (202) 720- 6336.