Tree Assistance Program

TAP provides financial assistance to eligible orchardists and nursery tree growers to replant or rehabilitate eligible trees, bushes, and vines lost by natural disasters.

TAP provides disaster assistance to eligible orchardists and nursery tree growers to replant or rehabilitate trees, bushes, and vines that were lost because of an eligible natural disaster. TAP applies to orchardists and nursery tree growers who commercially raise perennial trees for production of an annual crop and sustain tree deaths in excess of 15 percent in a calendar year (or loss period in a case of plant disease) because of natural disaster after adjustment for normal mortality. TAP authorizes payments to eligible orchardists and nursery tree growers who actually replant or rehabilitate eligible trees, bushes, and vines and who produce nursery, ornamental, fruit, nut, or Christmas trees for commercial sale. To be eligible for TAP, an eligible owner of trees, bushes, or vines, or a grower of the annual crop produced from the trees, bushes, or vines with a claim to ownership share in the annual crop, must have trees bushes and vines that were directly affected by an eligible natural disaster.

To be eligible for benefits, an individual or legal entity must be a citizen of the United States (U.S.); Resident alien; Partnership of citizens of the U.S; or Corporation, limited liability corporation, or other farm organizational structure organized under State law. An eligible orchardist is a person or legal entity that produces annual crops from trees, bushes, or vines for commercial purposes. An eligible nursery tree grower is a person or legal entity that produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale. To qualify for TAP, the eligible orchardist or nursery tree grower must have planted, continuously owned, and suffered eligible losses of trees, bushes, or vines that were planted for commercial purposes; and replaced eligible trees, bushes, and vines within 12 months from the date the application is approved. Eligible losses must be the result of a natural disaster. The stand must have sustained a mortality loss in excess of 15 percent after adjustment for normal mortality, or where applicable, damage in excess of 15 percent, adjusted for normal mortality and normal damage, that occurred in the calendar year (or loss period in the case of plant disease) for which benefits are being requested. The loss could not have been prevented through reasonable and available measures; the damage or loss must be visible and obvious to the FSA representative; and FSA may require information from a qualified expert to determine the extent of loss in the case of plant disease or insect infestation. An eligible natural disaster means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other natural occurrence of such magnitude or severity so as to be considered disastrous.

The eligible orchardists and nursery tree growers receive the TAP benefit.

TAP is a permanent disaster program. Eligible orchardists and nursery tree growers will be compensated for eligible tree, bush, and vine losses that occurred in the calendar year (or loss period in the case of plant disease) for which benefits are requested and as a direct result of a natural disaster.

There are no restrictions placed on the time permitted to spend the money awarded.

An applicant cannot begin TAP practices until successful completion of the appropriate level of environmental review by designated FSA staff, and TAP approval has been received in writing.

Payments to eligible orchardist or nursery tree growers who suffered losses in excess of 15 percent mortality will be calculated using the lesser of 65 percent of the actual cost of the practice or the amount calculated using rates established by the Deputy Administrator for the practice. For the cost of pruning, removal, and other costs incurred for salvaging damaged trees, bushes, or vines, or in the case of mortality, to prepare the land to replant trees, bushes, or vines, the lesser of 50 percent of the actual cost of the practice, or the amount calculated using rates established by the Deputy Administrator for the practice. Beginning farmers and ranchers and veteran farmers and ranchers will receive 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.

Applicants must submit an application and supporting documentation to FSA within 90 calendar days of the disaster event or the date when the loss is apparent.

Appeal regulations are set forth in parts 11 and 780 of 7 CFR apply to determinations made under TAP.