Supplemental Revenue Assistance Program

The objective of the SURE program is to provide financial assistance for farm revenue losses due to natural disaster.

Assistance is provided from the Agricultural Disaster Relief Trust Fund (Trust Fund) established under Public Law 110-246.

The Secretary of Agriculture (henceforth the Secretary)
has the authority to use the Trust Fund to make crop disaster assistance payments to eligible producers on farms in disaster counties whose actual production is less than 50 percent of their normal production.

A disaster county means a county included in the geographic area covered by a qualifying natural disaster declaration by the Secretary.

SURE is the 2008 Farm Bill"s successor to the prior Crop Disaster Programs.

SURE is legislated through fiscal year 2011.

Agency - Department of Agriculture

Established in 1862, the Department of Agriculture serves all Americans through anti-hunger efforts, stewardship of nearly 200 million acres of national forest and rangelands, and through product safety and conservation efforts. The USDA opens markets for American farmers and ranchers and provides food for needy people around the world.

Office - See Regional Agency Offices.
Website Address

http://www.fsa.gov



Program Accomplishments

Not Applicable.

Uses and Use Restrictions

SURE assistance can provide benefit payments to eligible producers who have suffered eligible crop losses due to a natural disaster.

To be eligible for crop loss assistance, a producer must show that the actual production on the farm for at least one crop of economic significance is reduced for at least 10 percent due to disaster, adverse weather, or disaster-related conditions.

Payment limitations apply for SURE.

For 2008, no person may receive more than $100,000 total for the 2008 program year under the Emergency Assistance for Livestock, Honeybees, and Farm Raised Fish Program (ELAP), Livestock Forage Disaster Program (LFP), Livestock Indemnity Program (LIP), and SURE.

For 2009 and subsequent program years, no person or legal entity, excluding joint ventures and general partnerships my receive, directly or indirectly, more than $100,000 total per program year under ELAP, LFP, LIP and SURE.

Producers or legal entities whose average adjusted gross income (AGI) exceeds $2.5 million in crop year 2008 shall not be eligible for benefit payments unless 75 percent or more of the income is from agriculture.

For 2009 and subsequent years, the average AGI income cap changes to $500,000 of non-farm income, with no on-farm income cap.

SURE assistance will be provided to an eligible producer in the amount equal to 60 percent of the difference between the SURE Guarantee and the total farm revenue.

The SURE guarantee for the farm cannot be greater than 90 percent of the total of the normal production of the farm.

There are specific eligibility criteria a producer must meet before becoming eligible for assistance.

To be eligible, a producer (for all of the farming operation"s crops that are planted or intended nationwide) must have obtained a policy or plan of crop insurance such as Catastrophic Risk Protection (CAT) for all insurable crops and/or Non-insured Crop Disaster Assistance Program(NAP) coverage for non-insurable crops that are of economic significance.

However, statue does not require coverage for grazed crops for the SURE program.

Sales closing dates for insurance and application closing dates for NAP have passed for the 2008 crop year for all insurable and non-insurable crops.

A waiver was authorized in Public Law 110-246 to allow producers to pay within 90 calendar days of the enactment, a buy-in-fee to be eligible for Supplemental Agricultural Disaster Assistance for crops for which the producer did not obtain crop insurance or NAP coverage for 2008.

The administrative service fee is equal to the lesser of $100 per crop per county, or $300 per producer per county, not to exceed $900 per multi-county producer.

The final date for the buy-in fee was September 16, 2008.

The American Recovery and Reinvestment Act of 2009 (ARRA), Public Law 111-5, authorized an additional waiver which allows producers another opportunity to pay a buy-in-fee for 2008 Supplemental Agricultural Disaster Assistance.

The buy-in fee must be paid within 90 calendar days of the enactment of ARRA.

The buy-in fee is $100 per crop, but not more than $300 per producer per administrative county, or $900 total per producer for all counties less any previously paid fees for NAP relief and other buy-in.

Producers must buy-in for all non-insurable and insurable crops that are not already covered by NAP, crop insurance, or meet the previous waivers.

The fee is nonrefundable and due at the time a producer files FSA-752 and/or FSA-753.

Crop insurance and NAP coverage are not a requirement if the producer is considered a Socially Disadvantaged, Limited Resource, or Beginning Farmer or Rancher.

Eligibility Requirements

Applicant Eligibility

An eligible applicant or eligible "producer on a farm", is an individual or entity who assumes the production and market risks associated with the agricultural production of crops or livestock.

An individual or entity is a citizen of the United States (U.S.), a resident alien, or a partnership of citizens of the U.S.

Beneficiary Eligibility

The SURE program will provide financial assistance to an eligible producer on a farm who has insurable or noninsurable commodity or agricultural commodity (except livestock) for which the producer on a farm is eligible to obtain a policy or plan of insurance. Benefits are also extended to the Socially Disadvantaged Farmer or Rancher who has been subject to racial or ethnic prejudice because of his or her identity as members of a group without regard to there individual qualities; a beginning farmer or rancher who has not operated a farm or ranch for more than 10 years and materially and substantially participates in the operation; and limited resource producer with direct or indirect gross farm sales not more than $100,000 in both of the previous two years, adjusted upwards for any general inflation since fiscal year 2004, and if the total household income is at or below the national poverty level for a family of four or less than 50 percent of county median household income in bother of the previous two years.

Credentials/Documentation

No Credentials or documentation are required. This program is excluded from coverage under OMB Circular No. A-87.

Aplication and Award Process

Preapplication Coordination

Preapplication coordination is not applicable.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. An eligible producer must provide a total crop acreage report (FSA-578) including crops on cropland and non-cropland in all counties that the producer has interest. The total farm acreage report includes native and improved grass that will be hayed or grazed, all grazing land and uninsurable land by either crop insurance or NAP coverage and file an AD-1026.

Award Procedures

The applicant will submit the required forms to applicants local FSA office. Applications will be reviewed and the award will be distributed based on 60 percent of the difference of the SURE guarantee and total farm revenue calculation. Total farm revenue include estimated crop value, crop insurance indemnities, NAP payments, Market Assistance Loan proceeds, other disaster payments, DCP payments (15% of direct payments, plus all Counter-Cyclical and ACRE payments. To assist farmers and ranches in evaluating their options with SURE, USDA has created a SURE calculator. To utilize the calculator, visit the website www.fsa.usda.gov. The calculator and instructions linked on the FSA website are for informational purposes only. This calculator in no way binds FSA to potential payments under SURE and should not be relied on as the sole source of information to make final management decisions.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Authorization

The Trade Act of 1974, Section 902, Public Law 93-618; The Food, Conservation, and Energy Act of 2008 (The Farm Bill), Title X11, Part B, Section 12033, Public Law 110-246, 7 U.S.C 1501; The American Recovery and Reinvestment Act of 2009 (ARRA), Public Law 111-5; The Food, Conservation, and Energy Act of 2008, Title XV, Section 15101, Public Law 110-246.

Range of Approval/Disapproval Time

Not Applicable.

Appeals

From 60 to 90 days.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Not applicable. Method of awarding/releasing assistance: lump sum.

Post Assistance Requirements

Reports

Not Applicable.

Audits

Not Applicable.

Records

No Data Available.

Financial Information

Account Identification

12-5531-0-3-351.

Obigations

(Direct Payments for Specified Use) FY 09 $0; FY 10 est $738,000,000; FY 11 est $842,000,000 - No Recovery Act SURE funding can be obligated beyond Fiscal Year 2010, FY 2010 Recovery Act is $230,000,000 This is a new program, so there was no funding in FY 2008 and 2009.

Range and Average of Financial Assistance

This is a new program. Range and average of financial assistance can not be determined.

Regulations, Guidelines, and Literature

Not Applicable.

Information Contacts

Regional or Local Office

See Regional Agency Offices.

Headquarters Office

Steve Peterson, USDA, Deputy Administrator for Farm Programs, Production, Emergencies, and Compliance Division, Disaster Assistance Branch, 14th and Independence Ave SW, Stop 0517, Washington, District of Columbia 20250 Email: Steve.Peterson@wdc.usda.gov Phone: (202) 720-5172 Fax: (202) 720-0051.

Criteria for Selecting Proposals

Not Applicable.



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