BULLETIN NO.: MGR-96-045 TO: All Reinsured Companies All Risk Management Field Offices FSA Headquarters, Program Delivery and Field Operations FROM: Kenneth D. Ackerman Acting Administrator SUBJECT: Determining Maximum Eligible Prevented Planting Acreage BACKGROUND: Questions have been raised regarding how the maximum eligible prevented planting acreage is to be determined for the 1996 crop year in accordance with policy provisions. Late and prevented planting policy language was revised for the 1996 crop year. The Federal Crop Insurance Corporation (FCIC) has been advised that the revised policy language is not being uniformly implemented. The revised policy language in question specifies that, "The acreage to which prevented planting coverage applies will not exceed the total eligible acreage on all Farm Service Agency (FSA) Farm Serial Numbers in which you have a share....." ACTION: The following guidelines apply when determining prevented planting acres on a policy (contract) basis: 1) If the insured reported prevented planting acres for the insured crop by totaling all of the eligible acres from each FSN in which he/she had an insurable share in the county and did not report more than the total eligible prevented planting acreage on any one or a combination of those FSNs in accordance with policy provisions, the insurance provider may accept the acreage report and process accordingly. The total eligible prevented planting acreage may not exceed the number of cropland acres available for planting. Example: FSN 100, Smith owns and operates (100 percent share). 100 corn base acres, 300 cropland acres. FSN 200, Smith (tenant with 50 percent share) and Jones (landlord with 50 percent share). 100 corn base acres, 100 cropland acres. FSN 300, Smith (tenant with 50 percent share) and Brown (landlord with 50 percent share). 100 corn base acres, 100 cropland acres. Smith's maximum eligible corn prevented planting acreage would be limited to 300 base acres. Smith could claim all 300 corn acres as prevented planting on FSN 100 and by doing so would not be entitled to any prevented planting corn acres on either FSN 200 or 300. Landlord Jones could claim 100 corn acres prevented planting on FSN 200 at 50 percent share. Landlord Brown could claim 100 corn acres prevented planting on FSN 300 at 50 percent share. Note: Although individual acreage report line entries will not match for the tenant and landlords in the above example, the intended acreage information for FSN 200 and 300 should be listed on Smith's acreage report in the remarks section. 2) If the insured reported prevented planting acres for the insured crop based on individual FSN acreage determinations, the insurance provider may accept the acreage report and process accordingly, provided the total eligible prevented planting acreage does not exceed the cropland acres for each FSN. (For example, Smith would be eligible for 100 corn acres at 100 percent share on FSN 100, 100 corn acres at 50 percent share on FSN 200, and 100 corn acres at 50 percent share on FSN 300). 3) Insureds and/or companies do not have a choice nor the authority to revise an acreage report to reflect the option which provides the greatest indemnity. The options above are to be implemented based upon the insured's intent as reported by the acreage reporting date.