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February 2007
USDA Farm Service Agency's (FSA) 2005 Hurricanes Tree Assistance Program (TAP) authorized by the Emergency Agricultural Disaster Assistance Act of 2006 (the Act), provides payments to eligible owners of commercially grown Christmas trees, ornamental trees, nursery trees, potted trees, bushes (including shrubs) and vines that were lost or damaged because of 2005 hurricanes Katrina, Ophelia, Rita or Wilma. Producers in certain counties of Alabama, Arkansas, Florida, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee and Texas may be eligible for the program. Under the Act, USDA's Commodity Credit Corporation (CCC) provides enough funds to cover approved TAP claims. FSA administers TAP on behalf of CCC.
Eligible TAP counties are those declared primary natural disaster areas by Secretary Johanns or designated a major disaster or emergency by President Bush for 2005 calendar-year hurricanes Katrina, Ophelia, Rita or Wilma. Counties contiguous to a primary county are also eligible. Counties declared disaster areas because of Hurricane Dennis are ineligible for TAP because disaster losses resulting from Hurricane Dennis were not provided for in the Act. A complete list of eligible counties is found in the PDF (481KB) version of this fact sheet found at: CLICK HERE.
To be eligible for TAP, a producer of eligible trees, bushes or vines must: - Have had financial responsibility for the trees, bushes or vines;
- Suffered qualifying tree, bush or vine losses of 15 percent or greater for the individual stand from an eligible hurricane in an eligible county during the applicable time; and
- Be a citizen of, or legal resident alien in, the United States.
Under TAP, eligible trees, bushes and vines are defined as follows:
- Bush: a thick, densely branched woody shrub planted in the ground grown to produce an annual crop;
- Fruit/nut tree: a woody perennial plant having a single main trunk, commonly exceeding 10 feet in height and usually devoid of branches below, but bearing a head of branches and foliage or crown of leaves at the summit, that is grown to produce an annual crop, including nuts;
- Tree: a tree (including Christmas trees, ornamental trees, nursery trees and potted trees), bushes (as well as shrubs) and vines; and
- Vine: a plant from which an annual fruit crop is produced, such as grape, kiwi or passion fruit, that has a flexible stem supported by climbing, twining or creeping along a surface.
To be eligible for TAP, a producer's eligible trees, bushes or vines must have been:
- Physically located in an eligible county;
- Affected during an eligible hurricane during the applicable time; and
- Grown for commercial use.
Timber losses are ineligible for TAP assistance.
To be considered an eligible loss under TAP, the tree, bush or vine damage must be visible and obvious to the local FSA county committee. If physical evidence no longer exists, the applicant must provide acceptable evidence for FSA to determine that the eligible trees, bushes or vines existed and were lost because of an eligible hurricane during the applicable time.
Acceptable evidence may include:
- Receipts for the original purchase of the eligible trees, bushes and vines;
- Documentation of labor and equipment used in planting or removal; and
- Chemical, fertilizer or other related receipts.
Under TAP, program participants are reimbursed for the lesser of:
- 75 percent of the actual costs of replanting or rehabilitation; or
- The calculated amount using approved established rates.
Payment limitation and adjusted gross income rules do not apply to TAP. There is no acreage limitation under TAP.
To qualify for TAP, eligible producers must replace or rehabilitate eligible trees, bushes and vines within 12 months from the date the application is approved.
Replanting may be on a field other than where the losses originally occurred. Also, replanted trees, bushes and vines may be different from those damaged as long as they have the same general end use, as determined by FSA.
TAP sign-up begins Jan. 31, 2007, at local FSA offices and continues through the later of March 30, 2007, or 15 calendar days after publication of the final rule.
Producers must submit TAP applications to the local FSA office serving the county where the eligible loss occurred.
On the TAP application, producers must:
- Identify the disaster period, the producer's share and number of acres in the disaster-affected stand of claimed eligible trees, bushes or vines; and
- Certify that the damage or loss occurred during the applicable disaster period and resulted from an eligible hurricane.
Other application guidelines include:
- Payments may be made for eligible losses suffered by an eligible producer who is now deceased or is a dissolved entity if a representative who currently has authority to enter into a contract for the producer signs the application for payment. Proof of authority to sign for the deceased producer or dissolved entity must be provided. If a producer is now a dissolved entity, all members of the entity at the time of dissolution or their duly authorized representative(s) must sign the application for payment.
- Data furnished by the applicant is used to determine eligibility for program benefits. All required information must be provided.
- A minor is eligible for program benefits if all eligibility requirements are met and one of the following conditions exists:
- The right of majority has been conferred upon the minor by court proceedings or statute;
- A guardian has been appointed to manage the minor's property, and the applicable program documents are executed by the guardian; or
- A bond is furnished under which a surety guarantees any loss incurred for which the minor would be liable as an adult.
More information about FSA and FSA programs can be found on FSA's Web site, http://www.fsa.usda.gov, and at your local FSA or USDA Service Center.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (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 to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
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