Farm Service Agency 2023 – Federal Register Recent Federal Regulation Documents
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Information Collection Request; County Committee Elections
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is requesting comments from all interested individuals and entities on an extension of a currently approved information collection associated with FSA county committee elections. The collection of information from FSA farmers and ranchers is used to receive nominations from eligible voters for the FSA county committee.
Request for Information on Agricultural Foreign Investment Disclosure Act (AFIDA) FSA-153 Form Modernization and Information Collection Request
The Farm Service Agency (FSA) is requesting information on proposed revisions to the Agricultural Foreign Investment Disclosure Act Report (FSA-153 form). The FSA-153 requires updating. Specifically, the FSA-153 form needs clarification and updating to ensure that foreign owners (or long-term lessees) who are required to file the FSA- 153 form have clear instructions and that USDA is collecting the most precise and meaningful data, so that the report to Congress is as accurate and insightful as possible. Foreign owners are investors who buy, sell, or hold a direct or indirect interest in U.S. agricultural land (or who hold long-term leases on agricultural land) and must report their holdings and transactions to USDA on the FSA-153 form. USDA uses the information on the submitted forms to generate the report that it submits to Congress. FSA is moving towards modernizing the collection of information process, clarifying and modernizing the FSA- 153 form, and if funding becomes available, creating an electronic submission system that will allow foreign owners to report by filing electronically. In addition, this document requests public input for our plan to revise not only the information request, but ultimately, the regulation (which will likely result in further modifications at a later date to the FSA-153 form).
Information Collection Request; Urban Agriculture Cooperative Agreement
In accordance with the Paperwork Reduction Act, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on a new information collection request associated with Urban Agriculture Cooperative Agreements. The awarded cooperators are assisting FSA in providing outreach, education, resources, and technical assistance for urban agriculture producers to access USDA programs and focus on long-term food sovereignty in historically marginalized and underfunded communities.
Notice of Funds Availability; Emergency Relief Program 2022 (ERP 2022)
The Farm Service Agency (FSA) is issuing this notice announcing ERP 2022, which will provide payments to eligible crop producers for losses due to qualifying disaster events including wildfires, hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, qualifying drought, and related conditions that occurred in calendar year 2022. ERP 2022 will be administered through 2 tracks (referred to as Track 1 and Track 2). Track 1 will assist eligible crop producers who received indemnities for eligible crop or tree losses through certain Federal crop insurance policies or payments for crop losses through the Noninsured Crop Disaster Assistance Program (NAP). Track 2 will assist eligible crop producers for other eligible crop and tree losses through a revenue-based approach.
Special Authority To Enable Funding of Broadband and Smart Utility Facilities Across Select Rural Development Programs
The Rural Utilities Service, Rural Business-Cooperative Service, and Rural Housing Service, agencies that comprise the Rural Development (RD) Mission Area within the United States Department of Agriculture, published a final rule with comment in the Federal Register on September 15, 2020, to establish the special authority authorized by Section 6210 of the Agriculture Improvement Act of 2018, which will assist rural families and small businesses in gaining access to broadband service by permitting recipients of loans, grants, and loan guarantees from RD to use up to 10 percent of the amount provided to construct broadband infrastructure in areas not served by the minimum acceptable level of broadband service. The final rule described the procedures by which these agencies will consider projects eligible for special broadband authority. Through this action, the agencies are confirming the final rule as it was published and providing responses to the public comments that were received.
Notice of Funds Availability; 2021 Emergency Livestock Relief Program (ELRP) Phase 2
The Farm Service Agency (FSA) is issuing this notice announcing ELRP Phase 2. This document provides the eligibility requirements and payment calculation for the second phase of ELRP assistance. ELRP Phase 2 will provide assistance to eligible livestock producers for the loss of the value of winter forage from the deterioration of grazing cover due to a qualifying drought or wildfire during the 2021 normal grazing period, which has been exacerbated by a continued lack of precipitation. This document also makes a correction and amendment to ELRP Phase 1.
Notice of Funds Availability; Emergency Livestock Relief Program (ELRP) 2022
The Farm Service Agency (FSA) is issuing this notice announcing ELRP 2022. This document provides the eligibility requirements and payment calculation for ELRP 2022 assistance. ELRP 2022 will provide payments to producers who faced increased supplemental feed costs as a result of forage losses due to a qualifying drought or wildfire in calendar year 2022, using data already submitted to FSA through the Livestock Forage Disaster Program (LFP).
Information Collection Request; Certified State Mediation Program
In accordance with the Paperwork Reduction Act, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on a revision of a currently approved information collection that supports the Certified State Mediation Program. The information collection is necessary to ensure that the grant program is administered properly. The collection of information is used to determine whether participants meet the eligibility requirements to be a recipient of grant funds. Lack of adequate information to make the determination could result in the improper administration of Federal grant funds.
Information Collection Requests; Generic Clearance for the Collection of Qualitative Customer Feedback on the Service Delivery (0560-0286)
In accordance with the Paperwork Reduction Act (PRA), the Farm Production and Conservation (FPAC) is requesting comments from all interested individuals and organizations on an extension of a currently approved Generic Clearance for the Collection of Qualitative Customer Feedback on the Service Delivery (0560-0286). The Farm Service Agency (FSA) initially received the PRA approval for this information collection request and has expanded it to cover all four of the agencies in the U.S. Department of Agriculture (USDA) Farm Production and Conservation (FPAC) mission area. FPAC uses the approval to cover the surveys, window pop-up surveys, focus groups, beta testing new or revised electronic systems, comment cards, and other information collection instruments or methods, which are designed to get customer feedback on service delivery for various programs administered by any of the FPAC agencies. This request for approval broadly addresses the need for information about what our customers think of our services so that we can improve service delivery; specific information collection activities will be incorporated into the approval as the need for the information is identified. For example, when we implement a new program and provide information about the services for the program on our website, we may provide a voluntary customer service questionnaire about how well the program is working for our customers, specifically within the area of customer service.
Milk Loss Program and Emergency Relief Program
This rule establishes provisions for providing agricultural disaster assistance as authorized by the Extending Government Funding and Delivering Emergency Assistance Act of 2021 and the Disaster Relief Supplemental Appropriations Act, 2023. The assistance will be for 2020, 2021, and 2022 milk losses. The Milk Loss Program will provide payments to eligible dairy operations for milk that was dumped or removed without compensation from the commercial milk market due to disaster events including droughts, wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex), and smoke exposure that occurred in the 2020, 2021, and 2022 calendar years. Additionally, the Disaster Relief Supplemental Appropriations Act, 2023, also authorizes assistance for eligible milk losses due to tornadoes that occurred in 2022. This rule specifies the administrative provisions, eligibility requirements, application procedures, and payment calculations for the Milk Loss Program. This rule also makes corrections to Phase 2 of the Emergency Relief Program (ERP).
Information Collection Requests; Disaster Assistance-General (0560-0170); Transfer of Farm Records Between Counties (0560-0253); Customer Data Worksheet Request for Business Partner Record Change (0560-0265)
In accordance with the Paperwork Reduction Act (PRA) requirement, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on the three Farm Programs' information collection requests. The three collection requests in the Farm Programs are: Disaster AssistanceGeneral (0560- 0170), Transfer of Records between Counties (0560-0253) and Customer Data Worksheet Request for Business Partner Record (0560-0265). In the Disaster AssistanceGeneral, the information collection is needed to identify disaster areas and establish eligibility for both primary disaster counties and those counties contiguous to such disaster counties for assistance from FSA. This assistance includes FSA emergency loans which are available to eligible and qualified farmers and ranchers. In the Customer Data Worksheet Request for Business Partner Record, FSA is using the collected information in support of documenting critical producer data (for example, customer name, current mailing address, tax identification number) made at the request of the producer to obtain, correct or update their information. In the Transfer of Records Between Counties, FSA is using the collected information to approve or disapprove the transfer of farm records from one FSA county office to another.
Information Collection Request; Emergency Conservation Program (ECP) and Biomass Crop Assistance Program (BCAP)
In accordance with the Paperwork Reduction Act, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on a revision of currently approved information collection associated with the Emergency Conservation Program (ECP) and Biomass Crop Assistance Program (BCAP). The revision will include new forms related to ECP that will accompany new software to be implemented fiscal year 2024. The existing forms for prior ECP contracts will remain in use until contracts executed prior to fiscal year 2024 are closed.
Notice of Funding Availability (NOFA) for the Emergency Grain Storage Facility Assistance Program (EGSFP)
The Farm Service Agency (FSA) is announcing an increase in the initial funding for EGSFP to $80 million, which will be the final funding amount for the program, from the initially announced $20 million due to the high demand for EGSFP. FSA published a notice of funding availability (NOFA) notice on March 16, 2023, announcing the availability of $20 million for EGSFP. EGSFP provides financial assistance to eligible grain producers who were affected by an eligible disaster event that damaged or destroyed local commercial grain elevators. EGSFP is cost-share assistance to construct storage facilities needed to meet on-farm grain storage capacity and handling needs necessary to support the marketing of grain for producers. This notice updates the initial funding amount for the program from $20 million to $80 million and closes the application period for the program due to the current volume of applications received. This notice will not change any other information in the original EGSFP NOFA.
Application Fast Track Pilot Program
The Farm Service Agency (FSA) is announcing a pilot program called ``Application Fast Track'' that will expedite the processing of direct Operating Loans (OL) and Farm Ownership Loans (FO) to family farmers and ranchers if qualified. The Application Fast Track Pilot Program (AFT) provides an alternative underwriting process for applicants that meet certain financial benchmarks. AFT will be available in selected pilot office locations beginning August 7, 2023, and will be available in all locations nationwide beginning January 1, 2024. AFT will run through September 30, 2024. The Consolidated Farm and Rural Development Act (CONACT) authorizes pilot projects of limited scope and duration to evaluate processes and techniques to improve program efficiency and effectiveness.
Information Collection Request; Online Loan Application for Direct Loan Making Program and Direct Loan Servicing
In accordance with the Paperwork Reduction Act (PRA) requirements, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on a new collection associated with the new automated FSA Online Loan Application for Direct Loan Making Program and Direct Loan ServicingPrimary. For both Direct Loan Making and Direct Loan ServicingPrimary, the collected information is used in eligibility and feasibility determinations for loan making and loan servicing actions. Future releases of the FSA Online Loan Application will provide additional functionality and components for Direct Loan Making & Direct Loan ServicingPrimary applications.
Pandemic Assistance Programs and Agricultural Disaster Assistance Programs
The Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA) are making technical corrections to certain regulations that were published on January 11, 2023. These technical corrections will be made to: Phase 2 of the Emergency Relief Program (ERP); the Emergency Conservation Program (ECP); and the Emergency Forest Restoration Program (EFRP).
Notice of Funds Availability (NOFA) for the Organic Dairy Marketing Assistance Program
The Farm Service Agency (FSA), on behalf of the Commodity Credit Corporation (CCC), is announcing the availability of marketing assistance funding to organic dairy operations in the United States. Eligible Organic Dairy Marketing Assistance Program (ODMAP) participants will receive a one-time payment to assist with projected marketing costs for 2023, calculated based on a cost share of marketing costs on the pounds of organic milk marketed for the 2022 calendar year (or a projection of 2023 pounds of organic milk marketed if warranted in certain situations supported by documentation), not to exceed 5 million pounds per operation to target smaller organic dairy operations. ODMAP payments will assist organic dairy producers in expanding the market for organic dairy and increasing the consumption of organic dairy, through the continued marketing of organic dairy, as these operations face a variety of marketing challenges and input cost increases and supply chain-related shortages.
Information Collection Requests; Guaranteed Farm Loan Program (OMB Control Number 0560-0155) and General Program Administration (OMB Control Number 0560-0238)
In accordance with the Paperwork Reduction Act (PRA) requirement, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on the two Farm Loan Programs' information collection requests. FSA is also requesting an extension with a revision for those currently approved information collection requests. The two collection requests in the Farm Loan Programs are: Guaranteed Farm Loan Program and General Program Administration. In the General Program Administration, the information collected is used to ensure that applicants meet statutory eligibility requirements, loan funds are used for authorized purposes, and the Government's interest in security is adequately protected. In the Guaranteed Farm Loan Program, the collected information is needed to make and service loans guaranteed by FSA to eligible farmers and ranchers by commercial lenders and nontraditional lenders.
Notice of Funding Availability (NOFA) for the Rice Production Program
The Farm Service Agency (FSA) is announcing the availability of funding for the Rice Production Program (RPP) to provide financial assistance to rice producers affected by higher production costs during the 2022 crop year. RPP will provide a one-time payment to assist rice producers with additional expenses associated with the 2022 crop year costs for rice. In this document, FSA is providing the eligibility requirements, application process, and payment calculation for RPP.
Information Collection Request; Power of Attorney
In accordance with the Paperwork Reduction Act requirement, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on an extension and a revision of a currently approved information collection associated with the form of the Power of Attorney. This information collection is used to support the FSA, Commodity Credit Corporation (CCC), Natural Resources Conservation Service (NRCS), Federal Crop Insurance Corporation (FCIC) and Risk Management Agency (RMA) in conducting business and accepting signatures on certain documents from individuals acting on behalf of other individuals or entities.
Information Collection Requests; Direct Loan Servicing-Regular; and Servicing Minor Program Loans
In accordance with the Paperwork Reduction Act (PRA) requirement, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on a revision of two currently approved information collection requests, Direct Loan ServicingRegular and Servicing Minor Program Loans, respectively. In the Direct Loan ServicingRegular, the information is used to determine borrower compliance with loan agreements, assist the borrower in achieving business goals, and regular servicing of the loan account such as graduation, subordination, partial release, use of proceeds, and consent. In Servicing Minor Program Loans, the information collected is used to perform routine and special servicing actions for loans authorized and serviced under FSA's Minor Loan Program.
Notice of Funding Availability (NOFA); Emergency Grain Storage Facility Assistance Program
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.
Information Collection Request; Inventory Property Management
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on an extension with a revision of a current information collection request for Inventory Property Management. For Inventory Property Management, the collected information is used to evaluate applicant requests to purchase inventory property, determine eligibility to lease or purchase inventory property, and ensure the payment of the lease amount or purchase amount associated with the acquisition of inventory property.
Information Collection Request; Increasing Land, Capital, and Market Access Program
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on an information collection request associated with the Increasing Land, Capital, and Market Access grant and cooperative agreement activity. The purpose of the Increasing Land, Capital, and Market Access Program is to fund projects that support a diverse set of farmers, ranchers, and forest landowners (producers) on the edge financially; moving them from surviving to thriving as they address core barriers to attain land, capital, and market access.
Pandemic Assistance Programs and Agricultural Disaster Assistance Programs
This rule announces Phase 2 of the Emergency Relief Program (ERP), which provides assistance to producers who suffered crop losses due to wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, and qualifying droughts occurring in calendar years 2020 and 2021. It also announces Pandemic Assistance Revenue Program (PARP), a new program that provides support for agricultural producers impacted by the COVID-19 pandemic. In addition, this rule makes changes to the Coronavirus Food Assistance Program (CFAP); the Emergency Conservation Program (ECP); the Emergency Forest Restoration Program (EFRP); the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP); the Livestock Forage Disaster Program (LFP); the Livestock Indemnity Program (LIP); the Noninsured Crop Disaster Assistance Program (NAP); and general payment eligibility provisions. This rule also makes a technical correction to the Biomass Crop Assistance Program (BCAP).
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