REG 7 CFR PART 1945-2012 EMERGENCY.pdf

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1、306 7 CFR Ch. XVIII (1112 Edition) Pt. 1945 PART 1945EMERGENCY Subpart ADisaster AssistanceGeneral Sec. 1945.1 Reserved 1945.2 Purpose. 1945.31945.4 Reserved 1945.5 Abbreviations. 1945.6 Definitions. 1945.71945.17 Reserved 1945.18 United States Department of Agri-culture (USDA) Food and Agriculture

2、Council (FAC). 1945.19 Reporting potential natural disas-ters and initial actions. 1945.20 Making EM loans available. 1945.21 Reporting and coordination require-ments. 1945.221945.24 Reserved 1945.25 Relationship between FmHA or its successor agency under Public Law 103 354 and FEMA. 1945.26 Relatio

3、nship between FmHA or its successor agency under Public Law 103 354 and SBA. 1945.27 Relationship between FCIC and FmHA or its successor agency under Public Law 103354. 1945.28 Relationship between ASCS and FmHA or its successor agency under Public Law 103354. 1945.29 Reserved 1945.30 FmHA or its su

4、ccessor agency under Public Law 103354 Emergency Loan Sup-port Teams (ELST). 1945.31 FmHA or its successor agency under Public Law 103354 Emergency Loan As-sessment Teams (ELAT). 1945.321945.34 Reserved 1945.35 Special EM loan training. 1945.361945.44 Reserved 1945.45 Public information function. 19

5、45.461945.50 Reserved Subpart B Reserved AUTHORITY: 5 U.S.C. 301; 7 U.S.C. 1989. SOURCE: 46 FR 28331, May 26, 1981, unless otherwise noted. Subpart ADisaster Assistance General SOURCE: 53 FR 30384, Aug. 11, 1988, unless otherwise noted. 1945.1 Reserved 1945.2 Purpose. This subpart describes and expl

6、ains the types of incidents which can result in an area being determined a disaster area, thereby making qualified farmers in such areas eligible for Farmers Home Administration (FmHA) or its successor agency under Public Law 103 354 Emergency (EM) loans. With re-spect to natural disasters, it sets

7、forth the responsibility of the Secretary of Agriculture; the factors used in mak-ing a natural disaster determination; the relationship between FmHA or its successor agency under Public Law 103 354 and the Federal Emergency Man-agement Agency (FEMA); the method for establishing and using Emergency

8、Loan Support Teams (ELST) and Emergency Loan Assessment Teams (ELAT); the training of FmHA or its successor agency under Public Law 103 354 personnel; and disaster related pub-lic information functions. The natural disaster determinations/notifications made under this subpart do not apply to any pro

9、gram other than the FmHA or its successor agency under Public Law 103354 EM loan program. FmHA or its successor agency under Public Law 103354s policy is to make EM loans to any otherwise qualified appli-cant without regard to race, color, reli-gion, sex, national origin, marital sta-tus, age, or ph

10、ysical/mental handicap (provided the applicant can execute a legal contract) as provided by law. 1945.31945.4 Reserved 1945.5 Abbreviations. The following abbreviations are used in this subpart. (a) ASCSAgricultural Stabilization and Conservation Service. (b) DARDamage Assessment Re-port. (c) ELATEm

11、ergency Loan Assess-ment Team. (d) ELSTEmergency Loan Support Team. (e) EMEmergency. (f) EOHUSDA Emergency Oper-ations Handbook. (g) FACFood and Agriculture Coun-cil. (h) FCICFederal Crop Insurance Corporation. (i) FCOFederal Coordinating Offi-cer. (j) FEMAFederal Emergency Man-agement Agency. VerDa

12、te Mar2010 12:44 Feb 10, 2012 Jkt 226024 PO 00000 Frm 00316 Fmt 8010 Sfmt 8010 Y:SGML226024.XXX 226024emcdonald on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-307 RHS, RBS, RUS, FSA, USDA 1945.6 (k) FmHAFarmers Home Adminis

13、-tration or its successor agency under Public Law 103354. (l) LFACLocal Food and Agri-culture Council. (m) NASSState Statistical Office of the USDA National Agricultural Sta-tistics Service. (n) OMBOffice of Management and Budget. (o) SBASmall Business Administra-tion. (p) SFACUSDA State Food and Ag

14、-riculture Council. (q) USDAUnited States Department of Agriculture. 1945.6 Definitions. The following definitions are applica-ble to this subpart: (a) Applicant. The person or entity carrying on the farming operation at the time of the disaster and requesting EM loan assistance from FmHA or its suc

15、cessor agency under Public Law 103 354. (b) County. A local administrative subdivision of a State or a similar po-litical subdivision of the United States. (1) Primary county. A county deter-mined to be a disaster area. (2) Contiguous county. A county that touches a primary county at any point. (c)

16、Disaster. A natural disaster, as de-termined by the Secretary of Agri-culture or the FmHA or its successor agency under Public Law 103354 Ad-ministrator, or a major disaster or emergency declared by the President. (1) Major disaster. Any hurricane, tor-nado, storm, flood, high water, wind- driven wa

17、ter, tidal wave, tsunami, earthquake, volcanic eruption, land-slide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major dis-aster assist

18、ance under the Disaster Relief Act of 1974, above and beyond normal emergency services available from Federal, State and local govern-ments. (2) Presidential emergency. Any hurri-cane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsu-nami, earthquake, volcanic eruption, landslid

19、e, mudslide, snowstorm, drought, fire, explosion, or other catas-trophe in any part of the United States which is of such magnitude that the President makes a declaration requir-ing Federal emergency assistance to supplement State and local efforts to save lives and protect property, public health a

20、nd safety, or to avert or lessen the threat of a disaster. (3) Natural disaster. A disaster in any part of the United States in which un-usual and adverse weather conditions or other natural phenomena have sub-stantially affected farmers by causing severe physical property losses and/or severe produ

21、ction losses within a coun-ty. Except where otherwise specified, the use of the term county or similar political subdivision is for administra-tive purposes only. (i) Unusual and adverse weather con-ditions or natural phenomena include such things as: (A) A major single natural occur-rence or event

22、such as a blizzard, cy-clone, earthquake, hurricane or tor-nado. (B) A single storm, or series of storms, accompanied by severe hail, excessive rain, heavy snow, ice and/or high wind. (C) An electrical storm. (D) A severe weather pattern over a period of time which, due to excessive rainfall, unusua

23、l lack of rainfall, or pe-riods of high or low temperatures, causes flooding, substantial water dam-age, drought or freezing, or which re-sults in the spreading and flourishing of insects or pests, or in plant or ani-mal diseases spreading into epidemic proportions, or prevents the control of fire,

24、however caused. (ii) Severe physical property losses are those which the Administrator de-termines prior to a natural disaster de-termination by the Secretary, to be se-vere, and to have caused extensive damage to or destruction of, physical farm property including farmland (ex-cept sheet erosion);

25、structures on the land such as buildings, fences, dams, etc.; machinery, equipment, and tools; livestock, livestock products; poultry; poultry products; growing crops (see 1945.163(b)(11) of subpart D of part 1945 of this chapter); harvested crops, and supplies which, if not repaired or re-placed, w

26、ould make it impossible for VerDate Mar2010 12:44 Feb 10, 2012 Jkt 226024 PO 00000 Frm 00317 Fmt 8010 Sfmt 8010 Y:SGML226024.XXX 226024emcdonald on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-308 7 CFR Ch. XVIII (1112 Editi

27、on) 1945.6 farmers affected by the unusual and ad-verse weather conditions to continue operating their farms on a sound basis. (iii) Severe production losses within a county are those in which either: (A) The Secretary determines that there has been a reduction countywide of at least 30 percent of t

28、he normal years dollar value of all crops, includ-ing hay and pasture, and the crops could not be replanted or replaced with a substitute crop, or (B) The Secretary determines that there has been a 30 percent loss county-wide in the normal years dollar value of a single enterprise (as defined in 194

29、5.154(a) of subpart D of part 1945 of this chapter); or (C) The Secretary, after exercising discretion, determines that, although the conditions set forth in 1945.6(c)(3)(iii)(A) and (B) of this sub-part have not been met, the unusual and adverse weather conditions or nat-ural phenomena have resulte

30、d in such significant production losses, or have produced such extenuating cir-cumstances as to warrant a finding that a natural disaster has occurred. In making this determination, the Sec-retary may request the Administrator to provide for consideration such fac-tors as the nature and extent of pr

31、o-duction losses; the number of farmers who have sustained qualifying produc-tion losses; the number of farmers in that other lenders in the county indi-cate they will not be in position to fi-nance; whether the losses will cause undue hardship to a certain segment of farmers in the county; whether

32、damage to particular crops has resulted in undue hardship; whether other Federal and/or State benefit programs, which are being made available due to the same disaster, will consequently lessen undue hardship and the demand for EM loans; and any other factors considered relevant. The Secretary will

33、consider the information set forth in 1945.6(i) of this subpart in deciding whether a natural disaster has occurred. (4) Potential natural disaster. Unusual and adverse weather conditions or nat-ural phenomena that have caused phys-ical and/or production losses, but which have not yet been examined

34、by the Sec-retary or the Administrator for consid-eration as a natural disaster. (d) Disaster area(s). The county(ies) declared/designated as a disaster area for EM loan assistance as a result of disaster related losses. This included counties named as contiguous to those counties declared/designate

35、d as dis-aster areas. (e) Farmers. Individuals, cooperatives, corporations, partnerships or joint op-erations who are farmers, ranchers, or aquaculture operators actively engaged in their operation at the time a dis-aster occurs. (f) Incidence period. The specific date or dates during which a disast

36、er oc-curred. (g) National Office. The Director, Emergency Designation Staff. (h) Normal years dollar value. The FmHA or its successor agency under Public Law 103354 National Office will determine the normal years dollar value by establishing a normal year yield and price. Normal year yield will be

37、the average yield of the 5 years im-mediately preceding the disaster year for each cash crop, including hay and pasture, grown in the county. The price will be the average commodity price for the 36 months immediately pre-ceding the disaster year for each crop. Yields and prices used to establish th

38、e value or normal production will be ob-tained from the NASS. In cases where crops produced and/or prices are not available from NASS, the information will be obtained from other reliable sources. Yields used to establish the disaster years production will be ob-tained from DARs which are prepared b

39、y the LFACs and SFACs. Prices used to establish the value of disaster year production will be the same as those used to establish normal year values. (i) Substantially affected. A farmer ap-plicant has been substantially affected when there has been a disaster as de-fined in paragraph (c) of this se

40、ction, and the applicant has sustained quali-fying physical and/or production losses, as defined in 1945.154(a) of subpart D of part 1945 of this chapter. (j) Termination date. The date speci-fied in a disaster declaration/deter-mination/notification which estab-lishes the final date after which EM

41、loan applications can no longer be ac-cepted. For both physical and produc-tion losses, the termination date will VerDate Mar2010 12:44 Feb 10, 2012 Jkt 226024 PO 00000 Frm 00318 Fmt 8010 Sfmt 8010 Y:SGML226024.XXX 226024emcdonald on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproductio

42、n or networking permitted without license from IHS-,-,-309 RHS, RBS, RUS, FSA, USDA 1945.19 be 8 months from the date of the dis-aster declaration/determination/notifi-cation. (k) United States or State. Each of the several States, the Commonwealth of Puerto Rico, the Virgin Islands of the United St

43、ates, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 53 FR 30384, Aug. 11, 1988, as amended at 58 FR 26681, May 5, 1993 1945.71945.17 Reserved 1945.18 United States Department of Agriculture (USDA) Food and Agri-culture Council (FAC). There is a USDA FAC established by t

44、he Secretary to serve every State and every County in the United States. The FACs are responsible for reporting the occurrence of and assessing the damage caused by potential disasters, as re-quired to ensure that the Departments disaster programs are implemented when and where needed; to coordinate

45、 the Departments EM disaster pro-grams with those of other Federal de-partments and agencies; and to provide personnel, as needed and requested by FEMA, to help staff disaster applica-tion centers in major disaster areas. (a) State Food and Agriculture Council (SFAC). The SFACs are composed of repre

46、sentatives of the several USDA agencies having emergency program responsibilities at the State level. The vice chairpersons, Emergency Pro-grams, of the SFACs are the ASCS State Executive Directors. FmHA or its successor agency under Public Law 103354 State Directors are members of the SFACs. (b) Lo

47、cal Food and Agriculture Council (LFAC). These councils are composed of representatives of the several USDA agencies having available personnel at the County level. The chairpersons of the LFACs, in most cases, are the ASCS County Executive Directors. The FmHA or its successor agency under Public La

48、w 103354 County Supervisors are members of the LFACs. (c) FAC policies and procedures. These policies and procedures are set forth in the USDA Emergency Operations Handbook (EOH), available in any ASCS or FmHA or its successor agency under Public Law 103354 Office. 1945.19 Reporting potential natura

49、l disasters and initial actions. (a) Purpose. The purpose of reporting potential natural disasters is to pro-vide a systematic procedure for rapid reporting of the occurrence and extent of damage and loss caused by such events which may result in a natural disaster determination. (b) Responsibility for assessing and re-porting disasters. USDA SFACs and LFACs representing their members