BULLETIN NO.: MGR-96-033 TO: All Reinsured Companies All Risk Management Field Offices FSA Headquarters, Program Delivery and Field Operations FROM: Kenneth D. Ackerman Deputy Administrator SUBJECT: Cotton Acreage Affected by Drought Conditions in Texas and New Mexico BACKGROUND: Abnormally dry conditions have delayed the initial planting of cotton acreage in Texas and New Mexico to what is now near the final planting date. Generally, in these areas acreage planted after the final planting date has reduced or no chance of reaching full maturity before the normal frost/freeze date for the area. The FCIC 30090, Cotton Handbook issued in July 1995, provides for an appraisal deviation for releasing cotton acreage seven days after the applicable published final planting date under abnormally dry conditions. This deviation may be authorized when little or no rain occurs in a cotton growing area and insured producers dry-plant nonirrigated cotton acreage by the applicable final planting dates for the county. Questions have also been raised regarding whether producers in these areas would be eligible for prevented planting due to the abnormally dry conditions. ACTION: For the 1996 crop year only, an appraisal deviation is being authorized in counties in Texas and New Mexico with published cotton final planting dates of May 31 through June 20. This authorization allows insurance providers to release nonirrigated cotton acreage that has been dry planted by the final planting date to be put to other use beginning seven days after the final planting date. If moisture is received within the 7-day period after the published final planting date, appraisals must be deferred to determine if such seed will germinate. If the seed does germinate and produces a stand, the appraisal must reflect the crop potential based on the stand. Use of this appraisal deviation must be documented by the adjustor before a claim can be processed on such acreage. To qualify for prevented planting producers must meet the definition of the policy: "Inability to plant the insured crop with the proper equipment . . . You must have been unable to plant the insured crop due to an insured cause of loss that has prevented the majority of producers in the surrounding area from planting the same crop." As many producers are planting or have planted cotton in these states, it is anticipated the definition of prevented planting may not be met in many or most parts. Risk Management Agency, in full consultation with all insurance providers and local specialists, will review potential situations in which the definition of prevented planting may apply. Producers' needs to protect against soil erosion and remain in compliance with conservation plans will be an important factor considered in this process.