BULLETIN NO.: MGR-95-021.1 TO: All Reinsured Companies CFSA Headquarters, Program Delivery and Field Operations All Risk Management Field Offices FROM: Kenneth D. Ackerman Acting Deputy Administrator SUBJECT: Revision To Response to Producers Affected by Heavy Upper Midwestern Rainfall BACKGROUND: Many farmers are experiencing extreme difficulties in planting their crops this year due to persistent heavy rainfall in the Midwest. To assist them, Secretary of Agriculture Dan Glickman directed the following changes in crop insurance for the 1995 crop year. ACTION: Final planting dates for corn are June 5 in the following affected States: Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. The grain sorghum final planting date in North Dakota, South Dakota, and Minnesota is June 5. The final planting date for sunflowers in North Dakota, South Dakota, and Minnesota is June 10. This amends bulletin MGR-95-020. Late planting rules apply per policy provisions. Farmers who have been prevented from planting a crop will be permitted to collect a prevented planting payment and enroll the affected acreage under the 50/92 and 0/92 provisions of the 1995 wheat, feed grains, upland cotton and rice programs authorized by the Agricultural Act of 1949. Affected acres must be idled throughout the crop year or have an approved cover crop established in accordance with 5-PA (Rev 10). A. With these changes in place, producers who are in compliance with all prevented planting conditions will have the following options: 1. Producers may provide written notice immediately to file for a prevented planting payment. They need not wait until after the 25-day late planting period for the crop to be considered prevented from planting. Affected acres must be idled throughout the crop year or have an approved cover crop established in accordance with 5-PA (Rev 10). NOTE: Indemnity payments will be payable following the latest applicable planting date for the insurable crops in the area or states. 2. Producers may plant a second crop on the same acreage and forego a prevented planting payment on the original crop. If the second crop is not already insured, at least the catastrophic level of crop insurance must be obtained on the second crop by the acreage reporting date if the second crop is of economic significance and insurable unless the producer chooses to forego most USDA program benefits. (See Section 4 Paragraph G(1)(c) of the CAT Handbook.) 3. Producers may designate the acreage as conserving use for payment acreage under the 50/92 and 0/92 provisions. The producer can still collect a prevented planting payment on the crop only if a second crop is not planted on the acreage for the crop year, including a crop approved for planting under the 50/92 and 0/92 provisions. 4. Producers may plant the original crop, if possible, during the late planting period which for most crops extends for not more than 25 days after the final planting date. The producer may insure the crop under the original policy at a reduced yield guarantee. 5. Producers may plant the original crop, if possible, after the 25-day late planting period. A producer will receive a crop insurance guarantee equal to the prevented planting payment level. If the producer plants a different crop on the same acreage after the late planting period has ended for all available crops, the crop will not be insurable and insurance will not be required for program linkage; however, no prevented planting payment will be paid. 6. Producers enrolled in the 1995 commodity price support and production adjustment programs may plant a crop on other available acreage as allowed under those programs. A producer may still collect a prevented planting insurance payment and a 50/92 or 0/92 payment when: (a) acreage (including normally fallowed acreage) equal to or more than the acreage that was prevented from being planted is kept idle during the full crop year, (b) the total of the prevented planting and the planted acreage does not exceed the permitted acreage for that crop, (c) the loss of production on the overall unit is sufficient to trigger the insurance guarantee. B. Failed Acreage Options: 1. Under the existing crop insurance policies, producers who plant a crop that has failed must replant the original crop if it is practical to do so. A replanting payment is available with many limited and additional coverage policies, but not with catastrophic level coverage. 2. If it is not practical to replant the original crop, producers may collect an indemnity payment for the failed crop as well as either enroll that acreage under the 0/85 program or the 50/92 or 0/92 program and plant a 50/92 or 0/92-approved crop, or plant a second crop on the affected acreage. Attached are Examples 1 through 5 which illustrate various payment comparisons. Attachments