Notice2021-15295
Notice of Funds Availability; Pandemic Livestock Indemnity Program (PLIP)
Primary source
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Published
July 19, 2021
Issuing agencies
Agriculture DepartmentFarm Service Agency
Abstract
The Farm Service Agency (FSA) is issuing this notice announcing the availability of funds for the Pandemic Livestock Indemnity Program (PLIP) to provide assistance to producers for losses of livestock and poultry depopulated from March 1, 2020, through December 26, 2020, due to insufficient processing access as a result of the COVID-19 pandemic and for the cost of depopulation and disposal. FSA is implementing PLIP, as authorized by the Consolidated Appropriations Act, 2021 (CAA).
Full Text
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<title>Federal Register, Volume 86 Issue 135 (Monday, July 19, 2021)</title>
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[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 37990-37994]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15295]
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
[Docket ID FSA-2021-0007]
Notice of Funds Availability; Pandemic Livestock Indemnity
Program (PLIP)
AGENCY: Farm Service Agency, Agriculture (USDA).
ACTION: Notification of funding availability.
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SUMMARY: The Farm Service Agency (FSA) is issuing this notice
announcing the availability of funds for the Pandemic Livestock
Indemnity Program (PLIP) to provide assistance to producers for losses
of livestock and poultry depopulated from March 1, 2020, through
December 26, 2020, due to insufficient processing access as a result of
the COVID-19 pandemic and for the cost of depopulation and disposal.
FSA is implementing PLIP, as authorized by the Consolidated
Appropriations Act, 2021 (CAA).
FOR FURTHER INFORMATION CONTACT: Kimberly Graham, Director; telephone:
(202) 720-6825; email: <a href="/cdn-cgi/l/email-protection#8dc6e4e0efe8ffe1f4a3caffece5ece0cdf8fee9eca3eae2fb"><span class="__cf_email__" data-cfemail="b6fddfdbd4d3c4dacf98f1c4d7ded7dbf6c3c5d2d798d1d9c0">[email protected]</span></a>. Persons with
disabilities who require alternative means for communication should
contact the USDA Target Center at (202)
[[Page 37991]]
720-2600 (voice) or 844-433-2774 (toll-free nationwide).
SUPPLEMENTARY INFORMATION:
Background
FSA is implementing PLIP, as authorized by CAA (Pub. L. 116-260)
and as directed by the USDA Secretary, to make payments to producers of
livestock and poultry for losses of livestock or poultry depopulated
before December 27, 2020, due to insufficient processing access, based
on 80 percent of the fair market value of that livestock and poultry,
and for the cost of depopulation (other than costs already compensated
under the Environmental Quality Incentives Program (EQIP) \1\). The CAA
also provides that the Secretary may take into consideration whether a
producer has been compensated for the cost of depopulation under a
State program. This assistance will be available to producers through
PLIP as provided in this notice. FSA is administering PLIP.
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\1\ EQIP is administered by USDA's Natural Resources
Conservation Service according to the regulations in 7 CFR part
1466.
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Definitions
The definitions in parts 718 and 1400 of this title apply to PLIP,
except as otherwise provided in this document.
Contract grower means a person or legal entity who grows or
produces eligible livestock under contract for or on behalf of another
person or entity. The contract grower's income is dependent upon the
successful production of livestock or offspring from livestock. The
contract grower does not have ownership in the livestock and is not
entitled to a share from sales proceeds of the livestock.
Depopulation means, consistent with the American Veterinary Medical
Association (AVMA) \2\ definition, the rapid destruction of a
population of livestock or poultry due to insufficient processing
access during the COVID-19 pandemic with as much consideration given to
the welfare of the animals as practicable.
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\2\ The AVMA Guidelines for the Depopulation of Animals is
available at: <a href="https://www.avma.org/sites/default/files/resources/AVMA-Guidelines-for-the-Depopulation-of-Animals.pdf">https://www.avma.org/sites/default/files/resources/AVMA-Guidelines-for-the-Depopulation-of-Animals.pdf</a>.
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Live poultry dealer means a live poultry dealer as defined in
section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C.
182(10)). Therefore, live poultry dealer means any person engaged in
the business of obtaining live poultry by purchase or under a poultry
growing arrangement for the purpose of either slaughtering it or
selling it for slaughter by another, if poultry is obtained by such
person in commerce, or if poultry obtained by such person is sold or
shipped in commerce, or if poultry products from poultry obtained by
such person are sold or shipped in commerce.
Packer means a packer as defined in section 201 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 191)). Therefore, packer means any
person engaged in the business:
(a) Of buying livestock in commerce for purposes of slaughter;
(b) Of manufacturing or preparing meats or meat food products for
sale or shipment in commerce; or
(c) Of marketing meats, meat food products, or livestock products
in an unmanufactured form acting as a wholesale broker, dealer, or
distributor in commerce.
Swine means a domesticated omnivorous pig, hog, sow, or boar. Swine
for purposes of dividing into categories for payment calculations are
further delineated by sex and weight, as determined by FSA.
Eligible Livestock and Poultry
Eligible livestock and poultry include swine, chickens, and turkeys
because FSA has determined that producers of these livestock and
poultry types suffered losses and incurred costs for depopulation due
to insufficient processing access during the COVID-19 pandemic. In
addition to the eligible livestock and poultry types listed in this
notice, the Deputy Administrator for Farm Programs may announce
additional eligible livestock categories if FSA later determines that
other livestock were also depopulated due to insufficient processing
access as a result of the COVID-19 pandemic.
Eligible livestock and poultry must have been depopulated from
March 1, 2020, through December 26, 2020, due to insufficient
processing access as a result of the COVID-19 pandemic in order to be
eligible for PLIP. The livestock and poultry must have been physically
located in the United States or a territory of the United States at the
time of depopulation to be eligible. Eligible livestock does not
include livestock not born, such as unborn swine that were depopulated
during pre-farrowing.
Eligible Livestock Owners and Poultry Owners
Eligible livestock owners and poultry owners include only persons
or legal entities who, as of the day the eligible livestock or poultry
was depopulated, had the legal ownership of the livestock or poultry.
To be eligible for PLIP, a livestock or poultry owner must be any
of the following:
(1) Citizen of the United States;
(2) Resident alien, which for purposes of this subpart means
``lawful alien'' as defined in 7 CFR part 1400;
(3) Partnership of citizens or resident aliens of the United
States;
(4) Corporation, limited liability company, or other organizational
structure organized under State law solely owned by U.S. citizens or
resident aliens; or
(5) 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).
Ineligible Livestock Owners and Poultry Owners
Ineligible livestock owners and poultry owners include:
(1) Contract growers;
(2) Federal, State and local governments, including public schools;
(3) Live poultry dealers; and
(4) Packers.
Application Process
FSA will accept the applications from July 20, 2021, through
September 17, 2021. To apply for PLIP, eligible livestock owners and
poultry owners must submit a complete FSA-620, Pandemic Livestock
Indemnity Program (PLIP) Application, in person, by mail, email, or
facsimile to any FSA county office.
Applicants must also submit all of the following items, if not
previously filed with FSA:
<bullet> AD-2047, Customer Data Worksheet for new customers or
existing customers needing to update their customer profile;
<bullet> Form CCC-902, Farm Operating Plan for an individual or
legal entity as provided in 7 CFR part 1400;
<bullet> Form CCC-901, Member Information for Legal Entities (if
applicable);
<bullet> An average adjusted gross income statement for the 2020
program year for the person or legal entity, including the legal
entity's members, partners, shareholders, heirs, or beneficiaries as
provided in 7 CFR part 1400; form CCC-941 Average Adjusted Gross Income
(AGI) Certification and Consent to Disclosure of Tax Information; and
<bullet> A highly erodible land conservation (sometimes referred to
as HELC) and wetland conservation certification as provided in 7 CFR
part 12 (form AD-1026 Highly Erodible Land Conservation (HELC) and
Wetland Conservation (WC) Certification for PLIP applicant and
applicable affiliates).
[[Page 37992]]
Applicants must submit all required eligibility documentation
specified above, as applicable, no later than 60 days from the date an
applicant signs and submits the FSA-620. When the applicant does not
timely submit the required eligibility documentation, FSA will not
issue a payment. When the required documentation is not timely
submitted for a member of a legal entity, FSA will reduce the payment
based on the member's ownership share of the legal entity.
If requested by FSA, the applicant must provide supporting
documentation to substantiate the information on their application and
ownership of the livestock and poultry claimed on the application.
Examples of supporting documentation that may be requested include
veterinarian records, feeding records, inventory records, rendering
receipts, purchase receipts, and other records determined acceptable by
the relevant FSA county committee. If any supporting documentation is
requested, the documentation must be submitted to FSA within 30 days
from the request or the application will be disapproved by FSA.
Payment
PLIP payments compensate participants for both the loss of the
eligible livestock or poultry and for the cost of depopulation and
disposal. To simplify administration of PLIP, FSA has determined a
single payment rate per head for each of the categories in the table
below. The categories and market values are consistent with the
categories and nationwide prices used to administer the Livestock
Indemnity Program (LIP), 7 CFR part 1416, subpart D, for 2020. The
estimated cost of depopulation is based on USDA's estimates of the
average costs of common methods used to depopulate animals.\3\ The
estimated cost of disposal is based on the costs of common disposal
methods and rates used in EQIP. The disposal rates are weighted based
on the number of participants paid under EQIP by disposal method. If
additional categories are determined to be eligible after publication
of this notice, those categories and payments rates will be announced
by press release and outreach to stakeholders by the Deputy
Administrator for Farm Programs.
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\3\ Information on common methods of depopulation and associated
costs is available from the Animal and Plant Health Inspection
Service at <a href="https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/livestock-coordination-center/livestock-coordination-center">https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/livestock-coordination-center/livestock-coordination-center</a>.
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Depopulation & Depopulation
Market value disposal cost payment rate
per head per head per head
Eligible livestock or poultry category (after 80 (after 80 (after 80
percent percent percent
factor) factor) factor)
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Swine: Boars and sows; 451 lbs. or greater...................... $173.25 $85.32 $258.57
Swine: Sows, boars, barrows, and gilts; 251-450 lbs............. 111.74 47.13 158.88
Swine: Sows, boars, barrows, and gilts; 151-250 lbs............. 87.97 34.13 122.10
Swine: Lightweight barrows and gilts; 50-150 lbs................ 68.38 20.32 88.70
Swine: Suckling nursery pigs; less than 50 lbs.................. 48.81 6.50 55.31
Chickens: Chicks................................................ 0.26 0.06 0.32
Chickens: Super roasters and parts; 7.76 lbs. or greater........ 4.17 1.14 5.31
Chickens: Roasters; 6.26-7.75 lbs............................... 3.17 0.87 4.04
Chickens: Broilers, pullets; 4.26-6.25 lbs...................... 2.50 0.68 3.18
Chickens: Pullets, Cornish hens; less than 4.26 lbs............. 1.70 0.46 2.16
Chickens: Layers................................................ 3.64 1.30 4.94
Turkeys: Poults................................................. 1.33 0.82 2.15
Turkeys: Toms, fryers, and roasters............................. 12.85 2.72 15.57
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PLIP payments will be calculated by multiplying the number of head
of eligible livestock or poultry by the depopulation payment rate per
head from the table above, and then subtracting the amount of any
payments the eligible livestock owner or poultry owner has received for
disposal of the livestock or poultry under EQIP or a State program. The
payments will also be reduced by any Coronavirus Food Assistance
Program 1 and 2 (CFAP 1 and 2) payments paid on the same inventory of
swine that were depopulated.\4\ FSA will issue payments to eligible
livestock owners and poultry owners as applications are received. PLIP
is not subject to payment limitation.
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\4\ The portion of the CFAP 1 payment for hogs and pigs that was
funded under the Coronavirus Aid, Relief, and Economic Stability Act
(CARES Act; Pub. L. 116-136) was based on inventory sold between
January 15, 2020, and April 15, 2020; therefore, no reduction is
necessary for that portion of the CFAP 1 payment.
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Provisions Requiring Refund to FSA
In the event that any application for a PLIP payment resulted from
erroneous information reported by the applicant, the payment will be
recalculated, and the participant must refund any excess payment to FSA
including interest to be calculated from the date of the disbursement
to the PLIP participant. If, for whatever reason, FSA determines that
the applicant misrepresented either the total amount or the producer's
share of the head of livestock or poultry, the application will be
disapproved and the participant must refund the full PLIP payment to
FSA with interest from the date of disbursement. Any required refunds
must be resolved in accordance with 7 CFR part 3.
Miscellaneous Provisions
A person or legal entity, other than a joint venture or general
partnership, is ineligible for PLIP payments if the person's or legal
entity's average adjusted gross income (AGI), using the average of the
adjusted gross incomes for the 2016, 2017, and 2018 tax years, exceeds
$900,000. With respect to joint ventures and general partnerships, this
AGI provision will be applied to members of the joint venture and
general partnership. AGI provisions are applicable to members of a
legal entity, including a general partnership or joint venture who are
at or above the fourth tier of ownership in the business structure. The
eligible livestock owner's payment will be reduced by the portion of a
payment attributed to a member who exceeds the $900,000 AGI
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limitation or is otherwise ineligible for payment.
Payments will be attributed to individual persons and members of
entities through the direct attribution process described in 7 CFR
1400.105. An applicant that is a legal entity will be required to
provide the names and taxpayer identification numbers of the members
holding an ownership interest in the legal entity as described in 7 CFR
1400.107. A reduction in payment will be applied to the payment entity
if the fourth tier of ownership in the legal entity is that of a legal
entity and not that of an individual person.
If an individual or legal entity is not eligible to receive PLIP
payments due to the individual or legal entity failing to satisfy some
other payment eligibility provision such as AGI or conservation
compliance provisions, the payment made either directly or indirectly
to the individual or legal entity will be reduced to zero. The amount
of the reduction for the direct payment to the applicant will be
commensurate with the direct or indirect ownership interest of the
ineligible individual or ineligible legal entity.
General requirements that apply to other FSA-administered commodity
programs also apply to PLIP, including compliance with the provisions
of 7 CFR part 12, ``Highly Erodible Land and Wetland Conservation,''
and the provisions of 7 CFR 718.6, which address ineligibility for
benefits for offenses involving controlled substances. 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 PLIP. 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
payment rates and eligible livestock and poultry categories for PLIP.
Participants are required to retain documentation in support of
their application for 3 years after the date of approval. Participants
receiving PLIP payments or any other person who furnishes such
information to USDA must permit authorized representatives of USDA or
the Government Accountability Office, during regular business hours, to
enter the agricultural operation 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.
An applicant may file an application with an FSA county office
after the PLIP application deadline, and in such case the application
will be considered a request to waive the deadline. The Deputy
Administrator has the discretion and authority to consider the case and
waive or modify application deadlines and other requirements or program
provisions not specified in law, in cases where the Deputy
Administrator determines it is equitable to do so and where the Deputy
Administrator finds that the lateness or failure to meet such other
requirements or program provisions do not adversely affect the
operation of PLIP. Although applicants have a right to a decision on
whether they filed applications by the deadline or not, applicants have
no right to a decision in response to a request to waive or modify
deadlines or program provisions. The Deputy Administrator's refusal to
exercise discretion to consider the request will not be considered an
adverse decision and is, by itself, not appealable.
Any payment under PLIP will be made without regard to questions of
title under State law and without regard to any claim or lien. The
regulations governing offsets in 7 CFR part 3 do not apply to payments
made under this part.
In either applying for or participating in PLIP, or both, the
eligible livestock owner or poultry owner is subject to laws against
perjury and any penalties and prosecution resulting therefrom, with
such laws including but not limited to 18 U.S.C. 1621. If the eligible
livestock owner or poultry owner willfully makes and represents as true
any verbal or written declaration, certification, statement, or
verification that the eligible livestock owner or poultry owner knows
or believes not to be true, in the course of either applying for or
participating in PLIP, or both, then the eligible livestock owner or
poultry owner is guilty of perjury and, except as otherwise provided by
law, may be fined, imprisoned for not more than 5 years, or both,
regardless of whether the eligible livestock owner or poultry owner
makes such verbal or written declaration, certification, statement, or
verification within or without the United States.
For the purposes of the effect of a lien on eligibility for Federal
programs (28 U.S.C. 3201(e)), USDA waives the restriction on receipt of
funds under PLIP but only as to beneficiaries who, as a condition of
the waiver, agree to apply the PLIP payments to reduce the amount of
the judgment lien.
In addition to any other Federal laws that apply to PLIP, the
following laws apply: 15 U.S.C. 714; and 18 U.S.C. 286, 287, 371, and
1001.
Paperwork Reduction Act Requirements
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the emergency information collection request has been
submitted to the Office of Management and Budget (OMB). OMB approved
the 6-month emergency PLIP information collection activity. FSA will
make payments to producers of livestock and poultry for losses of
livestock or poultry depopulated before December 27, 2020, due to
insufficient processing access, based on 80 percent of the fair market
value of the livestock and poultry, and for the cost of depopulation
(other than costs already compensated under the Environmental Quality
Incentives Program, state funded programs, and CFAP 1 and 2 payments).
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 regulation
for compliance with NEPA (7 CFR part 799).
As previously stated, PLIP is providing payments to qualified
producers of livestock and poultry for losses of livestock or poultry
depopulated before December 27, 2020, due to insufficient processing
access based on 80 percent of the fair market value of the livestock
and poultry, and for the cost of depopulation. The limited
discretionary aspects of PLIP do not have the potential to impact the
human environment as they are administrative. Accordingly, these
discretionary aspects are covered by the FSA Categorical Exclusions
specified in 7 CFR 799.31(b)(6)(iii) that applies to price support
programs and Sec. 799.31(b)(6)(vi) that applies to safety net
programs.
No Extraordinary Circumstances (Sec. 799.33) exist. As such, the
implementation of PLIP and the participation in PLIP 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.
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Federal Assistance Programs
The title and number of the Federal assistance programs, as found
in the Catalog of Federal Domestic Assistance, to which this document
applies is 10.138--Pandemic Livestock Indemnity Program.
USDA Non-Discrimination Policy
In accordance with Federal civil rights law and U.S. Department of
Agriculture (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.
Persons with disabilities 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 or 844-433-
2774 (toll-free nationwide). 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 <a href="https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</a> 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: <a href="/cdn-cgi/l/email-protection#baf5fbf9facfc9dedb94ddd5cc"><span class="__cf_email__" data-cfemail="f1beb0b2b184829590df969e87">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Zach Ducheneaux,
Administrator, Farm Service Agency.
[FR Doc. 2021-15295 Filed 7-16-21; 8:45 am]
BILLING CODE 3410-05-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.