§ 1416.404 Eligible orchardists and nursery tree growers.

(a) Once the requisite qualifying eligible mortality loss is determined according to § 1416.403, to be eligible for TAP payments, the eligible orchardist or nursery tree grower must: (1) Have planted, or be considered to have planted (by purchase prior to the loss of existing stock planted for commercial purposes) trees, bushes, or vines for commercial purposes, or have a production history, for commercial purposes, of planted or existing trees, bushes, or vines; (2) Have suffered eligible losses of eligible trees, bushes, or vines, as a result of a natural disaster or related condition; (3) Have continuously owned the stand from the time of the disaster until the time that the TAP application is submitted. (b) A new owner of an orchard or nursery who does not meet the requirements of paragraph (a) of this section may receive TAP payments approved for the previous owner of the orchard or nursery and not paid to the previous owner, if the previous owner of the orchard or nursery agrees to the succession in writing and if the new owner: (1) Acquires ownership of trees, bushes, or vines for which benefits have been approved; (2) Agrees to complete all approved practices that the original owner has not completed; and (3) Otherwise meets and assumes full responsibility for all provisions of this part, including refund of payments made to the previous owner, if applicable. (c) A producer seeking payment must not be ineligible under the restrictions applicable to citizenship and foreign corporations contained in § 1416.3(b) and must meet all other requirements of subpart A of this part. (d) Federal, State, and local governments and agencies and political subdivisions thereof are not eligible for payment under this subpart.