FEDERAL AGENCY:

ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE

AUTHORIZATION:

9 CFR part 53.

OBJECTIVES:

The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) administers regulations at 9 CFR part 53 that provide for the payment of indemnity to owners of animals that are required to be destroyed because of foot-and-mouth disease, pleuropneumonia, rinderpest, exotic Newcastle disease, highly pathogenic avian influenza, infectious salmon anemia, or any other communicable disease of livestock or poultry that, in the opinion of the Secretary of Agriculture, constitutes an emergency and threatens the U.S. livestock or poultry population. Payment for animals destroyed is to be based on the fair market value of the animals.

TYPES OF ASSISTANCE:

Direct Payments with Unrestricted Use. Place Cursor Here for Definition

USES AND USE RESTRICTIONS:

None.

ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:   Identifiable pathogenic avian influenza associated with a disease situation in a poultry operation.

Beneficiary Eligibility:   Poultry owners and contract growers.

Credentials/Documentation:   In the case of claims made under Sec. 53.11, claims for compensation for losses from poultry, eggs, and poultry semen destroyed or to be destroyed must be presented to APHIS, through the inspector in charge, on a form approved by the Administrator. The claim must specify the number, type, and age of the poultry; the number and type of eggs; and the type and amount of semen, as applicable.

Pre-application Coordination:   There is no preapplication coordination related to this program. This program is excluded from coverage under E.O. 12372.

Application Procedure:   Claims for compensation for losses from poultry, eggs, and poultry semen destroyed or to be destroyed must be presented to APHIS, through the inspector in charge, on a form approved by the Administrator.

Award Procedure:   None.

Deadlines:   To be considered by the USDA, claims made under Sec. 53.11 must be submitted to APHIS within 90 days after December 9, 2002, or the destruction of poultry, whichever is later, except that claims made for eggs or poultry semen. Claims made for other eligible losses associated with the disease situation in Texas, must be submitted to APHIS within 90 days after July 18, 2003 or the destruction of the eggs, semen, or poultry, whichever is later.

Range of Approval/Disapproval Time:    

1 to 30 days.

Appeals:    

None.

Renewals:    

None.

ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:    

Compensation to Contract Growers: Per bird payment based on the average per bird company grower payment received during the previous year's production x the number of birds depopulated (based on company and grower records) = estimated grower payment if the disease situation hadn't occurred - any company grower payment already received = grower compensation. Compensation to Owners: Compensation value per bird (based on tables included in the compensation plan) x the number of birds depopulated = the total bird value loss + cost to owners of destruction and disposal of birds x 50 percent = total compensation for birds, destruction, and disposal - grower compensation = net owner compensation from the Department.

Length and Time Phasing of Assistance:    

Payment is made by check or direct deposit after determining applicant eligibility.

POST ASSISTANCE REQUIREMENTS:

Reports:  None.

Audits:   Recipients under this program are subject to audit by the Office of the Regional Inspector General, U.S. Department of Agriculture.

Records:   Poultry owners and contract growers or any other individual or entity receiving payments for this program shall maintain and retain financial books and records which will permit verification of all transactions for at least 3 years, following the end of the calendar year in which payments were made.

FINANCIAL INFORMATION:

Account Identification:  

12-4336-0-1-554.

Obligations:   (Includes CCC transfer funds) FY 03 $50,992,042; FY 04 est $0; and FY 05 est $01.

Range and Average of Financial Assistance:  
The compensation plan for growers allows for Federal payment of 100 percent of eligible losses suffered by a grower, up to the amount that the owner of the poultry is eligible to receive before grower compensation is deducted.

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