#### § 301.75-16 Payments for the recovery of lost production income.

Subject to the availability of appropriated funds, the owner of a commercial citrus grove may be eligible to receive payments in accordance with the provisions of this section to recover income from production that was lost as the result of the removal of commercial citrus trees to control citrus canker.

(a) *Eligibility.* The owner of a commercial citrus grove may be eligible to receive payments to recover income from production that was lost as the result of the removal of commercial citrus trees to control citrus canker if the trees were removed pursuant to a public order between 1986 and 1990 or on or after September 28, 1995.

(b) *Calculation of payments.*

(1) The owner of a commercial citrus grove who is eligible under [paragraph (a)](/on/2024-09-16/title-7/section-301.75-16#p-301.75-16(a)) of this section to receive payments to recover lost production income will, upon approval of an application submitted in accordance with [paragraph (c)](/on/2024-09-16/title-7/section-301.75-16#p-301.75-16(c)) of this section, receive a payment calculated using the following rates:

| Citrus variety | Payment (per acre) |
| --- | --- |
| Grapefruit | $3,342 |
| Orange, Valencia, and tangerine | 6,446 |
| Orange, navel (includes early and midseason oranges) | 6,384 |
| Tangelo | 1,989 |
| Lime | 6,503 |
| Other or mixed citrus | 3,342 |

(2) *Payment adjustments.*

(i) In cases where the owner of a commercial citrus grove had obtained ACC coverage for trees in his or her grove and received crop insurance payments following the destruction of the insured trees, the payment provided for under [paragraph (b)(1)](/on/2024-09-16/title-7/section-301.75-16#p-301.75-16(b)(1)) of this section will be reduced by the total amount of the crop insurance payments received by the commercial citrus grove's owner for the insured trees.

(ii) In cases where ACC coverage was available for trees in a commercial citrus grove but the owner of the grove had not obtained ACC coverage for his or her insurable trees, the per-acre payment provided for under [paragraph (b)(1)](/on/2024-09-16/title-7/section-301.75-16#p-301.75-16(b)(1)) of this section will be reduced by 5 percent.

(c) *How to apply for lost production payments.* The form necessary to apply for lost production payments may be obtained from any local citrus canker eradication program office in Florida, or from the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be accompanied by a copy of the public order directing the destruction of the trees and its accompanying inventory that describes the acreage, number, and the variety of trees removed. Your completed application must be sent to the USDA Citrus Canker Eradication Program, Attn: Lost Production Payments Program, c/o Division of Plant Industry, 3027 Lake Alfred Road, Winter Haven, FL 33881. Claims for losses attributable to the destruction of trees on or before the effective date of this rule must be received on or before September 17, 2001. Claims for losses attributable to the destruction of trees after the effective date of this rule must be received within 60 days after the destruction of the trees. The Administrator may, on a case-by-case basis, approve the consideration of late claims when the circumstances appear, in the opinion of the Administrator, to warrant such consideration. However, any request for consideration of a late claim must be submitted to the Administrator on or before July 18, 2002 for trees destroyed on or before July 18, 2001, and within 1 year after the destruction of the trees for trees destroyed after July 18, 2001.

[[66 FR 32717](https://www.federalregister.gov/citation/66-FR-32717), June 18, 2001; [66 FR 33740](https://www.federalregister.gov/citation/66-FR-33740), June 25, 2001; [71 FR 33172](https://www.federalregister.gov/citation/71-FR-33172), June 8, 2006]