Farm Service Agency 2007 – Federal Register Recent Federal Regulation Documents
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Regulatory Streamlining of the Farm Service Agency's Direct Farm Loan Programs; Correction
This document contains corrections to the final rule titled ``Regulatory Streamlining of the Farm Service Agency's Direct Farm Loan Programs'' that was published November 8, 2007. The Agency is correcting the order of two forms in the appendices and inserting the date of ``12-31-07'' on form FSA-2512 in the upper left corner.
2005-2007 Livestock Compensation and Catfish Grant Programs
This rule establishes the Farm Service Agency (FSA) regulations for the 2007 Emergency Agricultural Assistance. The rule implements legislation that provides funds for agricultural disaster aid for eligible producers, specifically the continuation of the Livestock Compensation Program (LCP) and the Catfish Grant Program (CGP). The programs will provide financial assistance to eligible livestock and catfish producers in counties designated as a major disaster or emergency by the President or those declared a natural disaster by the Secretary of Agriculture. Counties designated disasters by the President may be eligible even though agricultural loss was not covered by the designation if there has been an FSA Administrator's Physical Loss Notice covering such losses. The natural disaster declarations by the Secretary or designations by the President must have been issued between January 1, 2005, and February 28, 2007; that is after January 1, 2005, and before February 28, 2007. Counties contiguous to such counties will also be eligible. These programs are designed to provide financial assistance to producers who suffered feed losses due to natural disasters in the eligible counties.
Emergency Agricultural Assistance, 2007; Crop Disaster and Livestock Indemnity Programs
This rule establishes the Farm Service Agency (FSA) regulations for the 2007 Emergency Agricultural Assistance. The rule implements legislation that provides funds for agricultural disaster aid for eligible producers, specifically a Crop Disaster Program (CDP) and a 2005-2007 Livestock Indemnity Program (LIP). For CDP, the program applies only to 2005, 2006, and 2007 crop producers who chose to have a Federal Crop Insurance plan of insurance or Noninsured Crop Disaster Assistance Program coverage for the year of loss and suffered damage due to a natural disaster. Eligible crops for 2007 must have been planted prior to February 28, 2007. For LIP, the program applies only to livestock producers in counties designated as a major disaster or emergency area by the President or those declared a natural disaster area by the Secretary of Agriculture. Counties designated disasters by the President may be eligible even though agricultural loss was not covered by the designation if there has been an FSA Administrator's Physical Loss Notice covering such losses. The natural disaster declarations by the Secretary or designations by President must have been issued between January 1, 2005, and February 28, 2007; that is after January 1, 2005 and before February 28, 2007. Counties contiguous to such counties will also be eligible.
Cash and Share Lease Provisions for Future Farm Programs
The Farm Service Agency (FSA) and the Risk Management Agency (RMA) are reopening and extending the comment period for the advance notice of proposed rulemaking, Cash and Share Lease Provisions for Future Farm Programs. The original comment period closed November 27, 2007. FSA and RMA are reopening and extending it for 30 days from the date of this notice. We will also consider any comments received from November 27, 2007 to this date of this notice. This extension responds to requests from the public to provide more time to comment.
Thermal Standards
The Rural Housing Service (Agency) is amending its regulations to be consistent with other Federal agencies. The current thermal standards for existing single family housing can impose an unnecessary financial burden on the borrower and are not always cost-effective. Removing the thermal standards for existing single family housing will provide consistency with HUD. This change will not affect the thermal standards for new construction; such requirements are generally prescribed by adopted building and model energy codes. Construction materials and building techniques have improved tremendously during the last thirty years, creating many alternatives to achieve thermally efficient homes. Removing the Agency's imposed thermal standards for existing single family housing will give a borrower the opportunity to allocate money towards other improvements which may result in higher cost savings. The rule will not result in any increase in costs or prices to consumers; non-profit organizations; businesses; Federal, State, or local government agencies; or geographic regions.
Dairy Disaster Assistance Payment Program III
This document proposes a new program, the Dairy Disaster Assistance Payment Program III, as authorized by the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007. The proposed program would provide $16 million in assistance for producers in counties designated as a major disaster or emergency area by the President, or those declared a natural disaster area by the Secretary of Agriculture. Counties declared disasters by the President may be eligible, even though agricultural loss was not covered by the declaration, if there has been a Farm Service Agency Administrator's Physical Loss Notice covering such losses. The natural disaster declarations by the Secretary or the President must have been issued between January 1, 2005 and February 28, 2007, that is, after January 1, 2005, and before February 28, 2007. Counties contiguous to such counties will also be eligible. This proposed program is designed to provide financial assistance to producers who suffered dairy production losses due to natural disasters in the eligible counties.
Regulatory Streamlining of the Farm Service Agency's Direct Farm Loan Programs; Conforming Changes
This rule removes the Farm Service Agency's direct Farm Loan Programs regulations from the Rural Development's mission area loan program regulations. In addition, it makes conforming changes to FSA's regulations for the boll weevil eradication loan program, the servicing of minor program loans, the special apple loan program, and the emergency loan for seed producers program.
Regulatory Streamlining of the Farm Service Agency's Direct Farm Loan Programs
This rule streamlines the Farm Service Agency's (FSA) regulations governing its direct Farm Loan Programs. The final rule simplifies and clarifies FSA's direct loan regulations; implements the recommendations of the USDA Civil Rights Action Team; meets the objectives of the Paperwork Reduction Act of 1995; and separates FSA's direct Farm Loan Programs regulations from the Rural Development mission area's loan program regulations.
Information Collection: Measurement Service Requests
The Farm Service Agency (FSA) is reopening and extending the comment period for 30 days to allow any interested individuals and organizations to provide their comments on the amended estimated total annual burden for the new information collection associated with the Measurement Service Requests. The amended estimate adds the respondent's travel time for the information collection associated with the Measurement Service Requests, which was inadvertently left out of the previous burden estimate. FSA published the original notice and request for comments in the Federal Register on Friday, May 11, 2007 (72 FR 26774). FSA will accept all public comments received from May 11 to the closing date identified in this notice.
Emergency Conservation Program; Supplemental Environmental Impact Statement
The Farm Service Agency (FSA) announces its intention to prepare a Supplemental Environmental Impact Statement (SEIS) for the Emergency Conservation Program (ECP). The SEIS will assess the potential environmental impacts of alternatives for administration and implementation of the ECP. FSA administers this program and is now conducting a comprehensive review of its current policies, achievements, and potential future program changes. FSA will be analyzing a range of ECP program alternatives. The SEIS also provides a means for the public to have opportunities to voice any opinions they may have about the program, and any ideas for improving it in the future. This Notice of Intent (NOI) informs the public that FSA is requesting public comment and describes in general the description of preliminary ECP Alternatives that will be analyzed in the Draft SEIS.
Notice of Funds Availability (NOFA) to Invite Applications for the American Indian Credit Outreach Initiative
The Farm Service Agency (FSA) is requesting applications for competitive cooperative agreement funds for Fiscal Year (FY) 2008 for the credit outreach initiative targeted to American Indian farmers, ranchers, and youth residing primarily on Indian reservations within the contiguous United States. FSA anticipates the availability of $933,120 in funding. This request for applications is being made prior to passage of a final appropriations bill to allow applicants sufficient time to submit proposals, give the Agency maximum time to process applications, and permit continuity of this program. FSA requests proposals from eligible nonprofit organizations, land-grant institutions, and federally-recognized Indian tribal governments interested in a competitively-awarded cooperative agreement to create and implement a mechanism that will provide credit outreach and promotion, pre-loan education, one-on-one loan application preparation assistance and other related services as proposed by the successful applicant that are specific to FSA's Agricultural Credit Programs.
Request for Revision and Extension of a Currently Approved Information Collection; Request for Aerial Photography
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Farm Service Agency (FSA) to request a revision and extension of an information collection currently used in support of the FSA Aerial Photography Program. The FSA Aerial Photography Field Office (APFO) uses the information from this form to collect the customer and photography information needed to produce and ship the various products ordered.
Servicing of Water Programs Loans and Grants
The Rural Utilities Service (RUS), an Agency delivering the United States Department of Agriculture's Rural Development Utilities Programs, hereinafter referred to as Rural Development, consolidates and amends the regulations utilized to service water and waste loan and grant programs. The rule will combine the water and waste loan and grant servicing regulations found in 7 CFR parts 1951, 1955, and 1956 into one regulation. Unnecessary and burdensome requirements for water and waste loan and grant servicing under the program will be eliminated. The streamlining of the water and waste loan and grant servicing regulation will allow the Agency to provide better service to entities needing assistance in resolving financial and economic problems in their communities and, in general, improve the quality of life in rural areas. Additionally, this rule implements Section 6018 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1936a) for Rural Development's Business, Housing and Utilities programs.
Cash and Share Lease Provisions for Future Farm Programs
This advance notice of proposed rulemaking seeks comments with respect to the manner in which so-called ``combination'' or ``flex'' leases are viewed by the Department of Agriculture in the administration of various programs that are administered by the Farm Service Agency (FSA) and the Risk Management Agency (RMA). This includes those programs of the Commodity Credit Corporation (CCC) that are administered by FSA on behalf of CCC and those programs of the Federal Crop Insurance Corporation (FCIC) that are administered by RMA on behalf of FCIC. Changes have occurred within agriculture that relate to the types of leases. A traditional crop share lease is a lease where the landlord receives a share of the crop production in full satisfaction of the rent. A traditional cash lease is a lease where the tenant pays the landlord a set cash amount regardless of the quantity of the tenant's production of a crop. New types of leases may contain traits of both a share lease and a cash lease. Accordingly, existing program provisions may not accurately and appropriately take these new lease types into consideration.
Indian Tribal Land Acquisition Program Loan Writedowns
This rule revises the Farm Service Agency (FSA) Indian Tribal Land Acquisition Program (ITLAP) regulations as required by the Native American Technical Corrections Act of 2006. The regulations pertaining to rental value write-down of ITLAP loans will not require a market value rent study where the land is actually rented. The actual rents received shall be used to determine the rental value of the property for write-down purposes.
Emergency Conservation Program
This final rule provides the change mandated by the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (the 2007 Emergency Supplemental). The 2007 Emergency Supplemental provided $16 million for the Emergency Conservation Program (ECP) and required that the Adjusted Gross Income Limitation (AGI) apply to the distribution of the funds.
Request for Approval of a New Information Collection; Request for Producer Service Center Information Management System (SCIMS) Record Change
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intent of the Farm Service Agency (FSA) to request approval for the information collection to be used in support of documenting critical producer data changes (customer name, current mailing address and tax identification number) in SCIMS. The collection of critical producer data will be used to update existing producer record data and document when and who initiates and changes the record in SCIMS.
Information Collection: Emergency Conservation Program
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is seeking comments from all interested individuals and organizations on the revision of currently approved information collection associated with the Emergency Conservation Program (ECP).
Notice of Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the subject agencies' intention to request an extension for a currently approved information collection in support of the programs for 7 CFR part 1806, subpart A, ``Real Property Insurance.'' This renewal does not involve any revisions to the program regulations.
Public Meetings of Advisory Committee on Beginning Farmers and Ranchers
We are issuing this notice to advise the public that meetings of the Advisory Committee on Beginning Farmers and Ranchers (Committee) will be held to discuss various beginning farmer issues.
Advisory Committee on Beginning Farmers and Ranchers
The Secretary of Agriculture is renewing the charter of the Advisory Committee on Beginning Farmers and Ranchers (Committee). The Committee provides advice to the Secretary on ways to encourage Federal and State beginning farmer programs to provide joint financing to beginning farmers and ranchers and other methods of creating new farming and ranching opportunities. This notice invites nominations for persons to serve on the Committee.
Notice of Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agencies intention to request an extension for a currently approved information collection in support of the programs for Form RD 1940-59, ``Settlement Statement.''
Streamlining of the Section 523 Mutual and Self-Help Housing Program
This action proposes to replace the Mutual and Self-Help Housing Program's (MSH) administration under 7 CFR part 1944, Subpart I with 7 CFR part 3551. This rule will apply to grants executed after the effective date of the final rule. The Rural Housing Service (an agency within the Rural Development mission area) proposes to streamline and clarify its regulations for MSH. This action is taken to reduce regulations, improve customer service and enhance efficiency, flexibility, and effectiveness in managing the program.
Thermal Standards
The Rural Housing Service (Agency) is proposing to amend its regulations to be consistent with other federal agencies. The current thermal standards for existing single family housing can impose an unnecessary financial burden on the borrower. Removing the thermal standards for existing single family housing will provide consistency with HUD existing single family housing thermal standards. This change will not affect the thermal standards for new construction; such requirements are generally prescribed by adopted building and model energy codes. Construction materials and building techniques have improved tremendously during the last thirty years, creating many alternatives to achieve thermally efficient homes. Removing the Agency's imposed thermal standards for existing single family housing will give a borrower the opportunity to allocate money towards other improvements which may result in higher cost savings. The rule will not result in any increase in costs or prices to consumers; non-profit organizations; businesses; Federal, State, or local government agencies; or geographic regions.
Information Collection: Measurement Service Requests
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is seeking comments from all interested individuals and organizations on a new information collection associated with the Measurement Service Requests.
Request for Extension of a Currently Approved Information Collection: Management Advice to Individual Borrowers and Applicants
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intent of the Farm Service Agency (FSA) to request an extension of the Office of Management and Budget's (OMB) approval of previously approved information collection which supports FSA, Farm Loan Programs (FLP) loan making and servicing applications. This renewal does not involve any revisions to the program regulations.
Request for Extension of a Currently Approved Information Collection; Emergency Farm Loans
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is seeking comments from all interested individuals and entities on the extension of currently approved information collection that supports the Emergency Loan Program (ELP). The collection of information from loan applicants and commercial lenders is used to determine eligibility, financial feasibility and security positions when the applicant requests emergency loan assistance.
Rural Business Enterprise Grant Program
The Rural Business-Cooperative Service (RBS), an agency within the United States Department of Agriculture (USDA), Rural Development proposes to implement 7 CFR part 4284, subpart B in order to have an all-inclusive processing and servicing regulation. USDA Rural Development intends to provide a more user-friendly regulation that will be a better resource for public understanding and improvement in program administration.
Notice of Availability of the Draft Programmatic Environmental Assessment for the 2005 Hurricane Tree Assistance Program
This notice announces the availability of the Draft Programmatic Environmental Assessment (PEA) for the implementation of the 2005 Hurricane Tree Assistance Program (TAP), authorized by the Emergency Agricultural Disaster Assistance Act. The draft PEA assesses the potential environmental impacts of alternatives to be considered in the administration of this hurricane program. The draft PEA also provides a means for the public to voice any concerns they may have about the program, and any ideas for improving it. This Notice of Availability informs the public of the availability of the applicable draft PEA and solicits public comment.
Revision of the Interest Assistance Program
The Farm Service Agency (FSA) is amending its regulations governing how FSA guaranteed farm loan borrowers may obtain a subsidized interest rate on their guaranteed farm loan. This program is known as the interest assistance (IA) program. Changes include deletion of annual review requirements, limitations on maximum subsidy payments and period of assistance, and streamlining of claim submission. The changes are intended to reduce paperwork burden on program participants and agency employees, make IA available to more farmers, reduce the costs of the program, and enhance the fiscal integrity of the program.
Information Collection: Farm Loan Programs Account Servicing Policies
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency is seeking comments from all interested individuals and organizations on the extension of an approved information collection associated with Farm Loan Programs Account Servicing Policies.
Guaranteed Loans-Number of Days of Interest Paid on Loss Claims
This action proposes to clarify and simplify the number of days' interest that may be paid on loss claims. The liquidation provisions currently provides a timeframe for the interest payment based upon ``the date of the decision to liquidate'' which is often difficult to determine. In addition, the Agency is clarifying the application for payment after liquidation and the guaranteed lender's responsibility for future recoveries.
Notice of Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agencies intention to request an extension for a currently approved information collection in support of the Real Estate Title Clearance and Loan Closing regulation.
Request for Extension of a Currently Approved Information Collection; Receiving and Processing Applications
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is seeking comments from all interested individuals and entities on the revision and extension of currently approved information collection that supports the Direct Loan Program. The collection of information from loan applicants and commercial lenders is used to determine eligibility and financial feasibility when the applicant requests direct loan assistance.
Request for Extension of a Currently Approved Information Collection; Operating Loans; Policies, Procedures, Authorizations and Closings
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intent of the Farm Service Agency (FSA) to request renewal of the information collection currently approved and used in support of the FSA Farm Loan Programs (FLP). The collection of information from FLP applicants and commercial lenders is used to determine eligibility; financial feasibility and security positions when the applicant applies for direct loan assistance.
2005 Section 32 Hurricane Disaster Programs; 2006 Livestock Assistance Grant Program
This final rule sets forth the Farm Service Agency (FSA) regulations for the 2005 Section 32 Hurricane Disaster Programs in response to emergency agricultural situations caused by the 2005 hurricanes Dennis, Katrina, Ophelia, Rita, and Wilma in certain counties in Alabama, Florida, Louisiana, Mississippi, North Carolina, and Texas. The rule establishes four hurricane disaster programs to provide funds to eligible producers who suffered eligible losses, and a grant program that will provide funds to the respective States to enable them to assist aquaculture producers having losses related to the aforementioned hurricanes. This final rule also sets forth provisions related to the 2006 Livestock Assistance Grant Program.
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