View Rule

The rule will make some changes to the Livestock Indemnity Program (LIP), the Livestock Forage Disaster Program (LFP), the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP), and the Tree Assistance Program (TAP), which are referred to as the Supplemental Agricultural Disaster Assistance Programs. The rule includes changes that are consistent with provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill). The Supplemental Agricultural Disaster Assistance Programs are Commodity Credit Corporation (CCC) programs administered by FSA. In general, the regulatory changes are mandatory; however, there is some discretion on how some of the provisions are being implemented. The 2018 Farm Bill amends the definition of eligible producer on a farm to include an Indian Tribe or Tribal organization. In addition to the mandatory changes, some discretionary changes will be made to improve program integrity. For ELAP, the changes will provide that a veteran farmer or rancher’s ELAP payment will be calculated based on a national payment rate of 90 percent; add assistance for costs related to inspection for cattle tick fever, regardless of the finding; and provide that ELAP payments will not be subject to payment limitation. For LIP, the changes will include coverage for: 1) death or sale loss resulting from diseases caused by, or transmitted by, a vector that cannot be controlled by vaccination or acceptable management practices; and 2) death of unweaned livestock due to adverse weather. For TAP, the changes will increase the reimbursement amount for beginning farmers and veterans (as those terms are defined at 7 U.S.C. 2279) from 65 to 75 percent for the cost of replanting trees, bushes, or vines lost due to a natural disaster in excess of 15 percent mortality (adjusted for normal mortality) or, at the option of the Secretary, sufficient seedlings to reestablish a stand; increase the reimbursement amount for beginning farmers and ranchers and veteran farmers and ranchers from 50 to 75 percent of the cost of pruning, removal, and other costs incurred for salvaging the existing plants or, in the case of plant mortality, to prepare land for replanting, subject to the maximum allowable FSA rate.