NOTICES
DEPARTMENT
OF AGRICULTURE
Plum Pox Virus Voluntary Commercial Orchard Fruit Tree Indemnity Program
[34 Pa.B. 2470] The Department of Agriculture (Department) establishes the procedures and requirements under which it awards grants under the Plum Pox Virus Voluntary Commercial Orchard Fruit Tree Indemnity Program (program). This new program is similar to the Plum Pox Virus Commercial Orchard Fruit Tree Indemnity Program; however: (1) participation is completely voluntary on the part of the participant; and (2) the amount of the Department's indemnity payment for lost fruit production differs.
Authority and Funding
The program will be funded through annual appropriations of funds to the Department for fruit tree indemnity payments related to the Plum Pox Virus (PPV) and costs related to disease eradication and other prevention and control measures, as well as through authorizations to retain and spend previously appropriated funds for this same purpose.
Background
PPV is a serious plant pest that injures and damages stone fruits such as peaches, nectarines, cherries, plums and apricots by drastically reducing the fruit yields from these stone fruit trees and by disfiguring the fruit to the point it is unmarketable. PPV has the potential to cause serious damage to the stone fruit production and stone fruit nursery industries in this Commonwealth. PPV is transmitted from infected trees by aphids and by budding or grafting with PPV-infected plant material. There is no known control for PPV other than the destruction of infected trees. PPV is not known to exist anywhere in the United States except in parts of Adams, Cumberland, Franklin and York Counties.
The Plant Pest Act (act) (3 P. S. §§ 258.1--258.27) provides the Department broad authority with respect to the identification, containment and eradication of plant pests in this Commonwealth. Under authority of the act, the Department has established PPV-related quarantines in parts of Adams, Cumberland, Franklin and York Counties. There are a number of commercial stone fruit production orchards within the quarantined area. Where PPV has been detected in a commercial stone fruit orchard or where the orchard is near a location where PPV is known to be present, the Department has ordered the destruction and removal of the stone fruit trees and prohibited replanting of stone fruit trees until the quarantine is rescinded.
From 2000 to 2003, staff from the Department and the Unites States Department of Agriculture (USDA) have conducted extensive surveys for the virus throughout this Commonwealth and in particular in the four counties currently under the PPV quarantine. The aggressive nature of the eradication program has drastically decreased the amount of virus present in the quarantine area. A small amount of PPV remains in the quarantine area, though. This fact, coupled with the latent nature of the virus, has compelled the Department to seek avenues to speed up the eradication program and bring it to a timely and successful conclusion.
The Department feels that another program is needed to increase the opportunity to eradicate the virus in that portion of the PPV quarantine area where the greatest number of PPV-infected commercial stone fruit trees have been found (the core area). The core area consists of the following contiguous townships in Adams, Cumberland and York Counties:
Adams County: Huntington, Latimore, Menallen and Tyrone Townships
Cumberland County: Dickinson and South Middleton Townships
York County: Franklin and Washington Townships.
Approximately 225 acres of commercial stone fruit trees remain in the core area, including 75 acres that are 15 years of age or older. According to information furnished by the National Plum Pox Virus Science Issues Working Group (SIWG), these blocks constitute a serious threat to the stone fruit industry because of their old age and declining vigor. The SIWG has stated that, based on the best scientific information available, PPV is more difficult to detect in older trees due to the slower growth rate of these trees. The presence of these older trees will prolong or thwart the PPV eradication program. Trees that are younger than 15 years, but that are commingled among the older trees, are considered a part of the condemned block, since they must be considered to have been exposed to trees that may already be infected with PPV.
Unlike other programs administered by the Department to address the current PPV outbreak, this program does not have USDA partnership or financial assistance. The Department's obligations for this voluntary program, reimbursement for costs associated with removal and destruction, replanting, vector control and herbicide application shall be identical to those outlined in the program. Other costs shall include payment for up to 3 years of indemnities for lost fruit production at the rate of 70% of the value of that lost fruit production, as listed in the following chart.
The program's reimbursement formula assumes that affected commercial stone fruit orchards cannot be replanted with stone fruit trees for a minimum of 1 year after removal and destruction of the trees at the order of the Department. Growers will have the option of choosing to receive an indemnity payment for 1, 2 or 3 years of lost fruit production at the rate of 70% of the value of that lost fruit production, as listed in the following chart.
The remaining, younger stone fruit trees in the core area also represent a threat to a timely conclusion to the eradication program. The Department will make a one-time offer for voluntary removal and destruction of trees younger than 15 years of age. The compensation rate for these trees shall be a 15% indemnity payment for 3 years of lost fruit production. Reimbursement for costs associated with removal and destruction, replanting, vector control and herbicide application shall be identical to those outlined in the program.
Reimbursement Formula
The following table shall be used to compute the value of the indemnity payment:
Plum Pox Virus Program
Indemnity for 1-3 Year Fallow Period (12.5% Discount Rate)
Age of Trees Net Present Value (NPV)--1 Year NPV--2 Years NPV--3 Years 1 $3,324 $4,557 $5,654 2 $6,369 $7,602 $8,698 3 $8,764 $9,997 $9,997 4 $12,104 $13,337 $14,433 5 $14,736 $15,969 $17,065 6 $15,221 $16,455 $17,551 7 $15,318 $16,551 $17,647 8 $14,976 $16,209 $17,305 9 $14,592 $15,825 $16,921 10 $14,159 $15,392 $16,488 11 $13,673 $14,906 $16,002 12 $13,125 $14,358 $15,454 13 $12,509 $13,742 $14,838 14 $11,817 $13,050 $14,146 15 $11,037 $12,270 $13,366 16 $10,160 $11,393 $12,490 17 $9,264 $10,497 $11,593 18 $8,346 $9,579 $10,675 19 $7,402 $8,635 $9,731 20 $6,431 $7,664 $8,760 21 $5,429 $6,662 $7,758 22 $4,481 $5,714 $6,810 23 $3,595 $4,828 $5,924 24 $2,778 $4,011 $5,107 25 $2,039 $3,272 $4,368 Obtaining an Application
A person seeking a grant under the new program for voluntary removal and destruction of these older trees shall apply for the grant using an application/agreement form provided by the Department.
Contents of Application
An application for a reimbursement grant for economic losses relating to the voluntary removal of the blocks containing older trees will require the following information of an applicant:
1. The name, address and Federal tax identification number (or Social Security number) of the applicant.
2. Verification that the applicant is an owner of the destroyed stone fruit orchard.
3. A listing of the block numbers of the destroyed stone fruit orchard with respect to which a grant is sought.
4. The stone fruit tree acreage figures described in paragraph 3.
5. A signature acknowledging that representations made in the application are true, and further acknowledging that the criminal punishments and penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) apply to any false statement made in the application.
Review of Applications
The Department will review and approve or disapprove complete, timely grant applications within 30 days of receipt. The Department will stamp or otherwise identify each grant application to record the date and the order in which the applications are received. The Department will consider grant applications in the order they are received. The Department will approve a grant application if the following criteria are met:
1. The application is complete and provides the Department all the information necessary to a reasoned review of the document.
2. There are sufficient unencumbered funds available for fruit tree indemnity payments regarding PPV and costs related to disease eradication and other prevention and control measures to fund the grant amount sought in the reimbursement grant application.
Notice of Decision
The Department will, within 10 days of completing its review, inform (whether by mail or other means) a grant applicant of whether the grant application is approved or disapproved. If the application is disapproved, the written notice will specify the basis for disapproval.
No Right or Entitlement to Funds
The appropriation or availability of funds for fruit tree indemnity payments regarding PPV and costs regarding disease eradication and other prevention and control measures does not create in a person a right or entitlement to a grant from these funds. Departmental approval of a grant application is the event that establishes entitlement of the applicant to the grant funds sought, provided appropriated funds are available in an amount adequate to fund the grant.
Additional Information/Contact Person
Applications and further information can be obtained by contacting the Department of Agriculture, Attn: Karl Valley, Bureau of Plant Industry, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 772-5226.
This order is effective as of April 16, 2004.
DENNIS C WOLFF,
Secretary
[Pa.B. Doc. No. 04-811. Filed for public inspection May 7, 2004, 9:00 a.m.]
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