Notice of Funding Availability (NOFA); Emergency Grain Storage Facility Assistance Program, 16230-16235 [2023-05331]

Agencies

• DEPARTMENT OF AGRICULTURE
• Farm Service Agency

[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Notices]
[Pages 16230-16235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05331]


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                                                Federal Register
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or proposed rules that are applicable to the public. Notices of hearings 
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Federal Register / Vol. 88, No. 51 / Thursday, March 16, 2023 / 
Notices

[[Page 16230]]



DEPARTMENT OF AGRICULTURE

Farm Service Agency

[Docket ID FSA-2022-0014]


Notice of Funding Availability (NOFA); Emergency Grain Storage 
Facility Assistance Program

AGENCY: Farm Service Agency, USDA.

ACTION: Notification of funding availability.

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SUMMARY: The Farm Service Agency (FSA) is announcing the availability 
of funding to assist grain producers because eligible disaster events 
damaged or destroyed local commercial grain facilities. To assist 
producers in the impacted areas, FSA will provide financial assistance 
under the Emergency Grain Storage Facility Assistance Program (EGSFP). 
Eligible grain producers in affected counties impacted by eligible 
disaster events that damaged or destroyed local commercial grain 
elevators from December 1, 2021, to August 1, 2022, may be eligible for 
cost-share assistance to construct needed storage facilities to meet 
on-farm grain storage capacity and handling needs necessary to support 
the marketing of grain. Grain producers in affected counties in 
Illinois, Indiana, Iowa, Kentucky, Minnesota, Missouri, North Dakota, 
South Dakota, Tennessee and any other affected counties as determined 
and announced by the Deputy Administrator for Farm Programs (DAFP) are 
eligible to apply.

DATES: 
    Applications due date: We will accept applications for assistance 
through December 29, 2023.
    Comment due date: We will consider comments on the information 
collection request discussed in the Paperwork Reduction Act section 
that we receive by: May 15, 2023.

ADDRESSES: 
    Comments: We invite you to submit comments on the information 
collection request. You may submit comments using any of the following 
methods, although FSA prefers that you submit comments electronically 
through the Federal eRulemaking Portal:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and search for Docket ID FSA-2022-0014. Follow the 
online instructions for submitting comments.
     Mail, Hand-Delivery, or Courier: Director, Price Support 
Division, FSA, USDA, 1400 Independence Avenue SW, Stop 0510, 
Washington, DC 20250-0522. In your comment, specify the docket ID FSA-
2022-0014.
    All comments received, including those received by mail, will be 
posted without change and will be publicly available on https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Danielle L. Cooke; telephone: (202) 
720-1919; or by email: [email protected]. Individuals who require 
alternative means for communication should contact the USDA TARGET 
Center at (202) 720-2600 (voice and text telephone (TTY)) or dial 711 
for Telecommunications Relay service (both voice and text telephone 
users can initiate this call from any telephone).

SUPPLEMENTARY INFORMATION:

Background

    The Commodity Credit Corporation (CCC) reallocated $20 million of 
exercised borrowing authority in fiscal year (FY) 2020 to FSA to 
provide financial assistance to grain producers through EGSFP to assist 
with marketing disruptions and limited storage capacity caused by 
eligible disaster events in affected counties from December 1, 2021, 
through August 1, 2022. CCC is authorized to provide funding under 
section 5(b) of the CCC Charter Act to ``make available materials and 
facilities required in connection with the production and marketing of 
agricultural commodities (other than tobacco).'' EGSFP will provide 
support to eligible producers or groups of producers in their efforts 
to build permanent or temporary on-farm grain storage, restore existing 
storage, and purchase drying and handling equipment, using new or used 
materials, as defined by FSA. The $20 million funding for the EGSFP 
assistance will remain available until expended and EGSFP payments will 
be subject to the availability of funding.
    Kentucky grain producers have an immediate need for assistance, due 
in large part to limited marketing and storage opportunities for over 
10 million bushels of grain. The commercial grain facility located in 
Mayfield, Kentucky, was destroyed in December 2021 by a tornado, and 
the owners of that facility have not started to rebuild the structure. 
At this time, the company has not decided if they will rebuild the 
grain storage facility. There are also damaged elevators in Illinois, 
Indiana, Iowa, Minnesota, Missouri, North Dakota, South Dakota, and 
Tennessee that impact the storage capacity for grain producers in the 
areas surrounding such facilities.
    FSA identified the affected counties for EGSFP assistance using a 
30-mile radius from local commercial grain elevators that were damaged 
or destroyed by an eligible disaster event. The 30-mile radius was 
determined based on an analysis of the distance traveled by grain 
producers to transport grain to grain elevators in a representative 
sample of the areas in which grain elevators were damaged or destroyed 
by eligible disaster events and the grain production in those areas.
    Grain producers and other agricultural operations in affected 
counties are recovering and rebuilding from the devasting tornadoes, 
flooding, hurricanes, and straight-line winds that swept through the 
affected counties over the last several crop years. Many producers lost 
their ability to market and store grain due to damaged and destroyed 
on-farm grain storage facilities and local commercial grain elevators, 
which created logistical challenges and disruptions in the orderly 
marketing of grain. The cost-share assistance for on-farm grain storage 
and drying and handling equipment will help producers prepare for the 
upcoming crop harvest. Through the administration of EGSFP, FSA is 
proactively addressing marketing disruptions and on-farm grain storage 
capacity needs while mitigating supply chain interruptions. In this 
document, FSA is providing the eligibility requirements, application 
process, and payment calculations for EGSFP.
    This assistance will cover a percentage of eligible expenses 
associated with building on-farm grain

[[Page 16231]]

storage for a producer's own use or a common facility for shared use 
among a group of producers or eligible expenses associated with 
purchasing drying and handling equipment needed for the grain. EGSFP 
assistance is not conditioned on the loss of a producer's own on-farm 
grain storage, but rather provides support to producers in affected 
counties who are experiencing grain marketing disruptions and need 
additional on-farm grain storage capacity and drying and handling 
equipment following an eligible disaster event that caused the damage 
or destruction of the local commercial grain elevators.
    Producers may be eligible for EGSFP assistance for on-farm grain 
storage purchased or built, and drying and handling equipment 
purchased, after this document is published in the Federal Register, as 
long as those producers apply for EGSFP assistance by the application 
deadline.
    FSA is administering these direct payments under the general 
supervision and direction of DAFP. DAFP may determine additional 
counties meet the definition of affected counties for the purposes of 
EGSFP assistance. Any additional affected counties approved by DAFP 
will be announced as they are approved and no later than October 27, 
2023, on the EGSFP website. FSA will immediately provide outreach to 
producers in the newly added affected counties and various 
communication mediums will be used to reach the grain producers.
    Similar to other cost-share programs administered by FSA, EGSFP 
funds will cover 75 or 90 percent of the eligible expenses associated 
with building on-farm grain storage or purchasing drying and handling 
equipment including, but not limited to, Ag baggers (including bags) 
and augers, for a producer's own use or for a shared-cost arrangement 
among a group of producers using a common facility. EGSFP assistance 
will be 90 percent for underserved participants and 75 percent for all 
other participants.\1\ To qualify for the higher payment percentage, 
eligible producers are required to provide a CCC-860, Socially 
Disadvantaged Limited Resource, Beginning and Veteran Farmer or Rancher 
Certification form on file in the FSA office.
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    \1\ FSA calculates payments based on a higher payment factor for 
underserved farmers and ranchers (or specific groups included in 
that term) in several programs, such as ECP, the Emergency 
Assistance for Livestock, Honeybees, and Farm-Raised Fish Program, 
and the Tree Assistance Program. FSA has also used higher payment 
factors for these producers in several recently announced programs: 
the Food Safety Certification for Specialty Crops Program, the 
Organic and Transitional Education and Certification Program, the 
Emergency Livestock Relief Program Phase 1, and the Emergency Relief 
Program Phase 1. In addition, the Noninsured Crop Disaster 
Assistance Program provides a reduced service fee and premium for 
underserved farmers and ranchers. This approach supports the 
equitable administration of FSA programs, as underserved farmers and 
ranchers are more likely to lack financial reserves and access to 
capital that would allow them to cope with storage and marketing 
disruptions due to unexpected events outside of their control.
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    To determine if a producer or group of producers need additional 
on-farm grain storage, a calculation similar to the Farm Storage 
Facility Loan (FSFL) Program storage capacity need calculation will be 
used for EGSFP, which will require the producer to provide eligible 
grain production to calculate the producer's share and need for the on-
farm grain storage. The FSFL Program provides low-cost financing in the 
form of loans for producers to build or upgrade new or used on-farm 
storage and handling facilities.
    Any storage structure built or renovated, or drying and handling 
equipment purchased or built, before the publication of this document 
is not eligible for EGSFP assistance. Additionally, storage and 
handling grain trucks are not eligible for EGSFP assistance.
    The designs of the on-farm grain storage structures may differ 
between states and counties, but must have a useful life of at least 3 
years. DAFP has discretionary authority to determine if the on-farm 
grain storage structures are adequate and suitable for the storage and 
handling of grain.
    EGSFP allows producers to renovate existing storage structures for 
the intended purposes of storing grain. Any storage structure built or 
renovated or drying and handling equipment purchased using EGSFP 
funding must not be rented out to other producers. To ensure EGSFP 
requirements are met, FSA State committees may complete an on-site 
inspection before issuance of a partial or final payment, in addition 
to spot checks after payments are made.

Administration

    EGSFP will be administered under the general supervision of the FSA 
Administrator and DAFP. EGSFP will be carried out by FSA State 
committees and FSA county committees with instructions issued by DAFP.
    FSA State committees, FSA county committees, representatives, and 
their employees do not have authority to modify or waive any of the 
provisions of EGSFP, except as discussed below.
    The FSA State committee will take any required action not taken by 
the FSA county committee. The FSA State committee will also:
     Correct or require correction of an action taken by an FSA 
county committee that is not in compliance with this document; or
     Require an FSA county committee to not take an action or 
implement a decision that is not in compliance with this document.
    DAFP or a designee may determine any question arising under EGSFP 
or reverse or modify a determination made by an FSA State committee or 
FSA county committee.
    DAFP may authorize FSA State committees and FSA county committees 
to waive or modify non-statutory deadlines and other program 
requirements in cases where lateness or failure to meet such other 
requirements does not adversely affect the operation of EGSFP.
    A representative of FSA may execute applications and related 
documents only under the terms and conditions determined and announced 
by FSA. Any document not executed under such terms and conditions, 
including any purported execution before the date authorized by FSA, 
will be null and void.

Definitions

    The definitions in this section apply for all purposes of EGSFP 
administration.
    Administrative county office is the FSA county office where a 
producer's FSA records are maintained.
    Affected counties means counties, or their equivalent, in the 
United States that DAFP has determined to have suffered grain storage 
and marketing disruptions as a result of being located within a 30-mile 
radius of a local commercial grain elevator that was damaged or 
destroyed by an eligible disaster event. A list of affected counties 
can be found at the EGSFP website. Affected counties have already been 
identified in Illinois, Indiana, Iowa, Kentucky, Minnesota, Missouri, 
North Dakota, South Dakota, and Tennessee. DAFP may determine that 
additional counties meet this definition in these states or other parts 
of the United States. Any such determination will be made, announced, 
and posted on the EGSFP website by October 27, 2023.
    Ag baggers (including bags) means machinery and accessory equipment 
(not limited to augers, loaders, unloaders) that allow grain to be 
stored temporarily in a polyethylene plastic sheathing type bag and 
allows grain to be stored in a dry, controlled environment.

[[Page 16232]]

    Application period means the period starting on March 16, 2023 and 
ending on December 29, 2023, during which time producers may apply for 
EGSFP benefits.
    Beginning farmer or rancher means a farmer or rancher who has not 
operated a farm or ranch for more than 10 years and who materially and 
substantially participates in the operation. For a legal entity to be 
considered a beginning farmer or rancher, at least 50 percent of the 
ownership interest must be held by individuals who are beginning 
farmers or ranchers.
    Calendar year means January 1 through December 31.
    Crop year means the 12-month period following a crop's normal 
harvest period.
    Eligible disaster event means derechos (severe thunderstorm and 
straight-line winds), floods, hurricanes, tornadoes, winter storms, and 
other eligible disaster events, as determined by DAFP, that occurred 
from December 1, 2021, through August 1, 2022.
    Eligible grain production means the actual grain production 
harvested during crop years 2021 and 2022 in which applicant(s) had an 
ownership share.
    Existing storage means grain storage owned by the applicant that 
has not deteriorated to the point where it is no longer functional for 
storage purposes. The existing storage must be what is owned by the 
applicant in the affected county where the on-farm grain storage is or 
will be located.
    Grain means barley, canola, corn, flaxseed, mixed grain, oats, rye, 
sorghum, soybeans, sunflower seed, triticale, and wheat.
    Handling equipment means equipment including, but not limited to, 
ag baggers (including bags), augers and dryers, which may be used for 
control and protection of the grain prior to processing, storage, and 
movement of the grain.
    Limited resource farmer or rancher means a farmer or rancher:
    (1) Who is a person whose:
    (i) Direct or indirect gross farm sales did not exceed $221,200 in 
each calendar year for 2020 and 2021 (the relevant years for the 2023 
program year); and
    (ii) Total household income was at or below the national poverty 
level for a family of four in each of the same 2 previous years 
referenced in paragraph (1)(i) of this definition; \2\ or
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    \2\ Limited resource farmer or rancher status can be determined 
using a website available through the Limited Resource Farmer and 
Rancher Online Self Determination Tool through Natural Resources 
Conservation Service at https://lrftool.sc.egov.usda.gov.
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    (2) That is an entity and all members who hold an ownership 
interest in the entity meet the criteria in paragraph (1) of this 
definition.
    On-farm grain storage means new or used, permanent or temporary on-
farm grain storage structures that may include, but are not limited to, 
conventional-type cribs or bins designed and engineered for grain 
storage, open buildings with two end walls, converted storage 
structures, asphalt, concrete or gravel floors with grain piles and 
tarp covering, and ag baggers (including bags), with a useful life of 
at least 3 years. On-farm grain storage structures may account for 
aeration, drainage, and may require loading or unloading augers, drying 
and handling equipment.
    On-farm grain storage capacity means the capacity in bushels of on-
farm grain storage of a producer or group of producers.
    Producer means a person, partnership, association, corporation, 
estate, trust, or other legal entity that produces grain as a 
landowner, landlord, tenant, or sharecropper.
    Socially disadvantaged farmer or rancher means a farmer or rancher 
who is a member of a group whose members have been subjected to racial, 
ethnic, or gender prejudice because of their identity as members of a 
group without regard to their individual qualities. For entities, at 
least 50 percent of the ownership interest must be held by individuals 
who are members of such a group. Socially disadvantaged groups include 
the following and no others unless approved in writing by DAFP:
     American Indians or Alaskan Natives;
     Asians or Asian-Americans;
     Blacks or African Americans;
     Hispanics or Hispanic Americans;
     Native Hawaiians or other Pacific Islanders; and
     Women.
    Underserved producers means beginning, limited resource, socially 
disadvantaged, and veteran farmers and ranchers.
    United States means all 50 states of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, and any other 
territory or possession of the United States.
    Veteran farmer or rancher means a farmer or rancher:
    (1) Who has served in the Armed Forces (as defined in 38 U.S.C. 
101(10) \3\) and:
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    \3\ The term ``Armed Forces'' means the United States Army, 
Navy, Marine Corps, Air Force, Space Force, and Coast Guard, 
including the reserve components.
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    (i) Has not operated a farm or ranch for more than 10 years; or
    (ii) Has obtained status as a veteran (as defined in 38 U.S.C. 
101(2) \4\) during the most recent 10-year period; or
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    \4\ The term ``veteran'' means a person who served in the active 
military, naval, air, or space service, and who was discharged or 
released under conditions other than dishonorable.
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    (2) That is an entity and at least 50 percent of the ownership 
interest is held by members who meet the criteria in paragraph (1) of 
this definition.

Eligibility

    To be eligible for an EGSFP payment, a grain producer, or a group 
of producers, must have eligible grain production in an affected county 
and demonstrate a need for additional on-farm grain storage.
    To determine a producer's need for additional on-farm grain 
storage, the existing storage of the producer or group of producers 
will be deducted from the eligible grain production of the producer or 
group of producers. If the result is greater than zero, then the 
producer or group of producers has a need for additional on-farm grain 
storage and may be eligible for EGSFP assistance. If an application is 
submitted but the result is less than zero, FSA will notify the 
producer that they are ineligible for EGSFP assistance and provide 
appeal rights.
    Also, to be eligible for EGSFP assistance each applicant must:
    (1) Submit a completed application as specified in the Application 
Process section below; and
    (2) Comply with all provisions of this NOFA and comply with the 
following regulations:
     7 CFR part 12--Highly Erodible Land and Wetland 
Conservation;
     7 CFR 718.6, Controlled Substance;
     7 CFR part 707--Payments Due Persons Who Have Died, 
Disappeared, or Have Been declared Incompetent, if applicable.
    The on-farm grain storage built or renovated, or drying and 
handling equipment purchased, with EGSFP assistance must be used solely 
by the producer or group of producers for which the EGSFP assistance 
was requested. The eligible grain production used to calculate the on-
farm grain storage capacity need must not have been purchased, 
bartered, or received as a gift.
    The producer must have been producing and marketing grain when the 
eligible disaster events occurred. The producer must also certify that 
they are still actively producing grain and will use the on-farm grain 
storage,

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drying, and handling equipment purchased or built with EGSFP assistance 
for at least 3 years after the cost-share payment is made.
    Any storage structure built or renovated, or drying and handling 
equipment purchased before the publication of this document is not 
eligible for EGSFP assistance. Producers may be eligible for EGSFP 
assistance for on-farm grain storage purchased or built, and drying and 
handling equipment purchased, after this document is published in the 
Federal Register, only to the extent that costs associated with that 
construction or those purchases were incurred after the date of 
publication. Additionally, storage and handling grain trucks are not 
eligible for EGSFP assistance. A receiver or trustee of an insolvent or 
bankrupt debtor's estate, an executor or an administrator of a deceased 
person's estate, a guardian of an estate of a ward or an incompetent 
person, and trustees of a trust is considered to represent the 
insolvent or bankrupt debtor, the deceased person, the ward or 
incompetent, and the beneficiaries of a trust, respectively. The 
production of the receiver, executor, administrator, guardian, or 
trustee is the production of the person or estate represented by the 
receiver, executor, administrator, guardian, or trustee. EGSFP 
documents executed by any such person will be accepted by FSA only if 
they are legally valid and such person has the authority to sign the 
applicable documents.
    A minor who is otherwise an eligible producer is eligible to 
receive an EGSFP payment only if the minor meets one of the following 
requirements:
     The right of majority has been conferred on the minor by 
court proceedings or by statute;
     A guardian has been appointed to manage the minor's 
property and the applicable EGSFP documents are signed by the guardian; 
or
     Any EGSFP application signed by the minor is cosigned by a 
person determined by the FSA county committee to be financially 
responsible.
    In addition, consistent with other FSA assistance programs, a 
producer must be a:
     Citizen of the United States;
     Resident alien, which for purposes of EGSFP means ``lawful 
alien'' as defined in 7 CFR 1400.3;
     Partnership consisting solely of citizens of the United 
States or resident aliens;
     Corporation, limited liability company, or other 
organizational structure organized under State law consisting solely of 
citizens of the United States or resident aliens;
     Indian Tribe or Tribal organization, as defined in section 
4(b) of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5304); or
     Foreign person or foreign entity who meets all 
requirements as described in 7 CFR 1400.

Application Process

    FSA will make available to producers, FSA-413, and FSA-413-1, 
Continuation Sheet for EGSFP, if applicable, to apply for assistance. 
Producers will self-certify on FSA-413 and FSA-413-1, if applicable, 
the eligible grain production, and the estimated cost to build the on-
farm grain storage and drying and handling equipment, and the 
producer's share for the on-farm grain storage. FSA will start the 
application period on March 16, 2023. To apply for EGSFP assistance, 
all applicants must submit a completed form FSA-413 and FSA-413-1, if 
applicable, EGSFP Applications to their administrative FSA county 
office by December 29, 2023.
    Applicants may apply for EGSFP at their local administrative FSA 
county office.\5\ Applicants must submit the following forms, if not 
already on file in person or by mail, email, facsimile:
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    \5\ USDA Service Center and administrative FSA county office 
locations and contact information are available at https://offices.sc.egov.usda.gov/locator/app.
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     Form FSA-413, EGSFP Application;
     Form FSA-413-1, Continuation Sheet for EGSFP;
     Manual Form CCC-902-I, Farm Operating Plan for an 
Individual, as applicable;
     Manual Form CCC-902E, Farm Operating Plan for an Entity, 
as applicable;
     CCC-901, Member Information for Legal Entities (if 
applicable);
     AD-1026, Highly Erodible Land Conservation (HELC) and 
Wetland Conservation (WC) Certification;
     AD-2047, Customer Data Worksheet; and
     CCC-860, Socially Disadvantaged, Limited Resource, 
Beginning and Veteran Farmer or Rancher Certification, for the 
applicable program year if the applicant qualifies as an underserved 
farmer or rancher and this form is not already on file with FSA.\6\
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    \6\ Form CCC-860 is not required for applicants meeting the 
definition of socially disadvantaged, limited resource, beginning, 
and veteran farmer or rancher to receive a payment; however, failure 
to submit form CCC-860 will result in an applicant's payment being 
calculated using the lower payment rate that applies to all other 
applicants. An applicant who has filed CCC-860 certifying their 
status as a socially disadvantaged, beginning, or veteran farmer or 
rancher for a prior program year is not required to submit a 
subsequent certification of their status for a later program year 
because their status as socially disadvantaged would not change in 
different years, and their certification as a beginning or veteran 
farmer or rancher includes the relevant date needed to determine for 
what programs years the status would apply. Because an applicant's 
status as a limited resource farmer or rancher may change annually 
depending on their direct and indirect gross farm sales, those 
applicants must submit CCC-860 for each applicable program year.
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    If requested by FSA, the applicant must provide supporting 
documentation to verify the accuracy of information provided on the 
application. If any supporting documentation is requested, the 
documentation must be submitted to FSA within 30 calendar days from the 
request or the application will be disapproved by FSA. EGSFP are 
subject to the availability of funding and will be funded in the order 
in which they are approved. If additional funding is allocated to EGSFP 
after initial funding is depleted, additional applications will be 
reviewed, approved and funded, if the eligibility criteria is met, in 
the order received, subject to the availability of those additional 
funds.

Payment Calculations

    The EGSFP payment will be calculated as follows:
    The self-certified eligible estimated costs to build or purchase 
on-farm grain storage and drying and handling equipment to meet the 
need of the producer or group of producers for additional on-farm grain 
storage capacity, determined as specified in the Eligibility section 
above, multiplied by the producer's share of grain crop that will be 
stored in the built or purchased storage structure. This amount will 
then be multiplied by the cost share factor of 75 percent or 90 
percent.
    As provided above, for on-farm grain storage and drying and 
handling equipment, a cost share factor of 75 percent will be applied 
to the calculated payment to reduce the participant's payment, unless 
the participant is a certified underserved producer. If the participant 
has certified their underserved status on form CCC-860 filed with FSA, 
Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer 
or Rancher Certification, a factor of 90 percent will be applied.
    At the election of the producer, FSA will make a partial and final 
payment or one final payment to eligible grain producers, or a group of 
producers based on the information certified on FSA-413 and FSA-413-1, 
Continuation Sheet for EGSFP, if applicable. The FSA-413-1 must be 
submitted with the FSA-413 when a group of producers are applying for 
EGSFP assistance.

[[Page 16234]]

    An initial partial payment may be made, at the election of the 
producer, to facilitate the purchase and construction of the eligible 
on-farm grain storage and drying and handling equipment. A partial 
payment will be made after the approved applicant has completed a 
commensurate share of the construction or purchase of the eligible on-
farm grain storage materials and drying and handling equipment and 
makes the request to the FSA county office. The partial payment will 
match the percentage of completed construction or purchases up to 50 
percent; it may not exceed 50 percent of the total approved EGSFP 
payment amount.
    The final payment will be made after the eligible on-farm grain 
storage capacity and drying and handling equipment has been fully 
delivered, erected, constructed, assembled, or installed. An FSA 
employee may inspect and verify the amount of construction completed 
before a partial and final payment is disbursed.
    FSA will determine if the self-certified estimated cost for the on-
farm grain storage and drying and handling equipment is reasonable 
based on general construction, labor, and supply rates for the 
respective areas.

Payment Limitation and Payment Eligibility and Foreign Person

    For the program year 2023, direct or indirect EGSFP payments made 
to an eligible person or legal entity, other than a joint venture or 
general partnership, may not exceed $125,000.
    The attribution of payment provisions in 7 CFR 1400.105 will be 
used to attribute payments to persons and legal entities for payment 
limitation determinations.
    EGSFP payments will be made to a foreign person or foreign entity 
who meets all requirements as described in 7 CFR 1400.

Provisions Requiring Refund to FSA

    If any EGSFP payment resulted from erroneous information reported 
by the applicant, FSA will recalculate the payment, and the applicant 
must refund any excess payment to FSA, including interest to be 
calculated from the date of the disbursement to the applicant.
    If, for whatever reason, FSA determines that the applicant 
intentionally misrepresented information used to determine the 
applicant's EGSFP payment amount, the application will be disapproved, 
and the applicant must refund the full payment to FSA with interest 
from the date of disbursement. All persons with a financial interest in 
a legal entity receiving payments are jointly and severally liable for 
any refund, including related charges, which is determined to be due by 
FSA for any reason. Any required refunds must be resolved in accordance 
with debt settlement regulations in 7 CFR part 3.

Miscellaneous Provisions

    The EGSFP applications, FSA-413 and FSA-413-1, will be reviewed and 
spot-checked for program eligibility and payment calculation purposes, 
including certification that the producers built eligible on-farm grain 
storage for their own use or for the use of a shared-cost arrangement 
and used the on-farm grain storage and drying and handling equipment 
for the intended purpose of storing or handling their grain.
    Appeal regulations specified in 7 CFR parts 11 and 780 and 
equitable relief and finality provisions specified in 7 CFR part 718, 
subpart D, apply to determinations under EGSFP. The determination of 
matters of general applicability that are not in response to, or result 
from, an individual set of facts in an individual participant's 
application for payment are not matters that can be appealed. Such 
matters of general applicability include, but are not limited to, the 
determination of applicable time periods and the payment calculation 
formula for EGSFP.
    Participants are required to retain documentation in support of 
their application for 3 years after the date of approval.
    Participants receiving EGSFP payments must permit authorized 
representatives of USDA or the Government Accountability Office, during 
regular business hours, to enter the participant's business and to 
inspect, examine, and to allow representatives to make copies of books, 
records, or other items for the purpose of confirming the accuracy of 
the information provided by the participant.
    Applicants have a right to a decision in response to timely 
submitted applications.
    If an applicant files a late EGSFP application, the application 
will be considered a request to waive the deadline.
    Requests to waive or modify EGSFP provisions, including requests to 
waive the deadline, are at the discretion of DAFP. DAFP has the 
authority to waive or modify application deadlines and other 
requirements or EGSFP provisions not specified in law in cases where 
DAFP determines it is equitable to do so and where the lateness or 
failure to meet such other requirements or program provisions do not 
adversely affect the operation of EGSFP.
    Applicants who request to waive or modify EGSFP provisions do not 
have a right to a decision on those requests, and DAFP's refusal to 
exercise discretion on requests to waive or modify EGSFP provisions 
will not be considered an adverse decision and is, by itself, not 
appealable.
    The regulations governing offsets in 7 CFR part 3 apply to EGSFP 
payments.
    In either applying for or participating in EGSFP, or both, the 
applicant is subject to laws against perjury (including, but not 
limited to, 18 U.S.C. 1621). If the applicant willfully makes and 
represents as true any verbal or written declaration, certification, 
statement, or verification that the applicant knows or believes not to 
be true, in the course of either applying for or participating in 
EGSFP, or both, then the applicant may be found to be guilty of 
perjury. Except as otherwise provided by law, if guilty of perjury the 
applicant may be fined, imprisoned for not more than 5 years, or both, 
regardless of whether the applicant makes such verbal or written 
declaration, certification, statement, or verification within or 
outside the United States.

Paperwork Reduction Act Requirements

    In compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 
35), FSA is requesting comments from interested individuals and 
organizations on the information collection request associated with 
EGSFP. After the 60-day period ends, the information collection request 
will be submitted to the Office of Management and Budget (OMB) for a 3-
year approval. To start the EGSFP information collection approval, 
prior to publishing this notice, FSA received emergency approval from 
OMB for 6 months.
    Title: Emergency Grain Storage Facility Assistance Program (EGSFP).
    OMB Control Number: 0560-0XXX.
    Type of Request: New Collection.
    Abstract FSA is announcing the availability of funding to assist 
grain producers because eligible disaster events damaged or destroyed 
local commercial grain facilities. To assist producers in the impacted 
areas, FSA will provide financial assistance under the Emergency Grain 
Storage Facility Assistance Program (EGSFP). Eligible grain producers 
in affected counties impacted by eligible disaster events that damaged 
or destroyed local commercial grain elevators from December 1, 2021, to 
August 1, 2022, may be eligible for cost-share assistance to construct 
needed storage facilities to meet on-farm grain storage capacity and 
handling needs necessary to support the

[[Page 16235]]

marketing of grain. Grain producers in affected counties in Illinois, 
Indiana, Iowa, Kentucky, Minnesota, Missouri, North Dakota, South 
Dakota, Tennessee and any other affected counties as determined and 
announced by the Deputy Administrator for Farm Programs (DAFP) are 
eligible to apply.
    The producers are required to complete the form FSA-413 and FSA-
413-1, Continuation Sheet for EGSFP, if applicable, EGSFP Application 
to determine eligibility and the need for the on-farm grain storage 
capacity, estimated costs to build the on-farm grain storage and 
purchase drying and handling equipment. FSA may request additional 
supporting documents for verification of information on a completed 
EGSFP Application.
    For the following estimated total annual burden on respondents, the 
formula used to calculate the total burden hour is the estimated 
average time per response multiplied by the estimated total annual 
responses.
    Estimate of Respondent Burden: Public reporting burden for this 
information collection is estimated to average 0.2368 hours per 
response to include the time for reviewing instructions, searching for 
information, gathering, and maintaining the data, and completing and 
reviewing the collection of information.
    Type of Respondents: Producers or farmers.
    Estimated Annual Number of Respondents: 750.
    Estimated Number of Responses per Respondent: 1.92.
    Estimated Total Annual Responses: 1440.
    Estimated Average Time per Response: 0.2368 hours.
    Estimated Total Annual Burden on Respondents: 341 hours.
    We are requesting comments on all aspects of this information 
collection to help us to:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the FSA, including whether 
the information will have practical utility;
    (2) Evaluate the accuracy of FSA's estimate of burden including the 
validity of the methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
that are to respond, including using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    All comments received in response to this document, including names 
and addresses when provided, will be a matter of public record. 
Comments will be summarized and included in the submission for Office 
of Management and Budget approval.

Environmental Review

    The environmental impacts have been considered in a manner 
consistent with the provisions of the National Environmental Policy Act 
(NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on 
Environmental Quality (40 CFR parts 1500-1508), and the FSA regulations 
for compliance with NEPA (7 CFR part 799).
    The purpose of EGSFP is to establish assistance to help 
agricultural producers in affected counties in Illinois, Indiana, Iowa, 
Kentucky, Minnesota, Missouri, North Dakota, South Dakota, and 
Tennessee purchase and build on-farm grain storage and purchase drying 
and handling equipment necessary due to marketing and storage 
disruptions caused by devastating natural disaster events from December 
1, 2021, through August 1, 2022. The limited discretionary aspects of 
EGSFP do not have the potential to impact the human environment as they 
are administrative. Accordingly, these discretionary aspects are 
covered by the categorical exclusions in 7 CFR 799.31(b)(6)(iii) that 
applies to price support programs, provided no extraordinary 
circumstances are found to exist. As such, the implementation of EGSFP 
and the participation in EGSFP do not constitute major Federal actions 
that would significantly affect the quality of the human environment, 
individually or cumulatively. Therefore, FSA will not prepare an 
environmental assessment or environmental impact statement for this 
action and this document serves as documentation of the programmatic 
environmental compliance decision for this federal action.

Federal Assistance Programs

    The title and number of the Federal assistance programs, as found 
in the Assistance Listing,\7\ to which this document applies is 10.973, 
Emergency Grain Storage Facility Assistance Program.
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    \7\ See https://sam.gov/content/assistance-listings.
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USDA Non-Discrimination Policy

    In accordance with Federal civil rights law and USDA civil rights 
regulations and policies, USDA, its Agencies, offices, and employees, 
and institutions participating in or administering USDA programs are 
prohibited from discriminating based on race, color, national origin, 
religion, sex, gender identity (including gender expression), sexual 
orientation, disability, age, marital status, family or parental 
status, income derived from a public assistance program, political 
beliefs, or reprisal or retaliation for prior civil rights activity, in 
any program or activity conducted or funded by USDA (not all bases 
apply to all programs). Remedies and complaint filing deadlines vary by 
program or incident.
    Individuals who require alternative means of communication for 
program information (for example, braille, large print, audiotape, 
American Sign Language, etc.) should contact the responsible Agency or 
USDA TARGET Center at (202) 720-2600 (voice and text telephone (TTY) or 
dial 711 for Telecommunications Relay Service (both voice and text 
telephone users can initiate this call from any telephone). 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office or write a letter addressed to USDA and provide in 
the letter all the information requested in the form. To request a copy 
of the complaint form, call (866) 632-9992. Submit your completed form 
or letter to USDA by mail to: U.S. Department of Agriculture, Office of 
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, 
Washington, DC 20250-9410 or email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

William Marlow,
Acting Administrator, Farm Service Agency.
[FR Doc. 2023-05331 Filed 3-10-23; 4:15 pm]
BILLING CODE 3411-E2-P