Notice2022-05672
Notice of Funds Availability; Spot Market Hog Pandemic Program (SMHPP)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 18, 2022
Issuing agencies
Agriculture DepartmentFarm Service Agency
Abstract
The Farm Service Agency (FSA) published a notice on December 14, 2021, announcing the availability of $50 million for the Spot Market Hog Pandemic Program (SMHPP). This document clarifies hog eligibility, documentation requirements, and payment factoring. SMHPP assists producers who sold hogs through a spot market sale from April 16, 2020, through September 1, 2020, the period during which these producers faced the greatest reduction in market prices due to the COVID-19 pandemic. SMHPP excludes non-adult pigs or other swine that were not intended for slaughter. SMHPP also excludes hogs sold under contracts that had a premium or other formula outside a spot market sale. The eligibility requirements, payment calculation, and application procedure for SMHPP are included in this notice.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 53 (Friday, March 18, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Pages 15358-15363]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05672]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Farm Service Agency
[Docket ID FSA-2021-0012]
Notice of Funds Availability; Spot Market Hog Pandemic Program
(SMHPP)
AGENCY: Farm Service Agency, USDA.
ACTION: Notification of funding availability.
-----------------------------------------------------------------------
SUMMARY: The Farm Service Agency (FSA) published a notice on December
14, 2021, announcing the availability of $50 million for the Spot
Market Hog Pandemic Program (SMHPP). This document clarifies hog
eligibility, documentation requirements, and payment factoring. SMHPP
assists
[[Page 15359]]
producers who sold hogs through a spot market sale from April 16, 2020,
through September 1, 2020, the period during which these producers
faced the greatest reduction in market prices due to the COVID-19
pandemic. SMHPP excludes non-adult pigs or other swine that were not
intended for slaughter. SMHPP also excludes hogs sold under contracts
that had a premium or other formula outside a spot market sale. The
eligibility requirements, payment calculation, and application
procedure for SMHPP are included in this notice.
DATES:
Funding availability: Implementation will begin March 18, 2022.
FOR FURTHER INFORMATION CONTACT: Kimberly Graham; telephone: (202) 720-
6825; email: <a href="/cdn-cgi/l/email-protection#a3e8cacec1c6d1cfda8de4d1c2cbc2cee3d6d0c7c28dc4ccd5"><span class="__cf_email__" data-cfemail="aee5c7c3cccbdcc2d780e9dccfc6cfc3eedbddcacf80c9c1d8">[email protected]</span></a>. Persons with disabilities who
require alternative means for communication should contact the USDA
Target Center at (202) 720-2600 (voice) or 844-433-2774 (toll-free
nationwide).
SUPPLEMENTARY INFORMATION:
Revision and Clarification
FSA published the initial notice on December 14, 2021 (86 FR 71003-
71007), which announced the availability of $50 million for SMHPP. In
response to stakeholder concerns and additional USDA analysis, USDA is
issuing this document to clarify hog eligibility, documentation
requirements, and payment factoring. Other provisions of the initial
notice remain unchanged. This document provides these clarifications by
incorporating the changes into the text from the prior notice, starting
with the Background section below. This section explains the
clarifications and revisions.
Based upon review and stakeholder feedback, USDA is revising SMHPP
eligibility to better target the effectiveness of SMHPP. As a result,
this document revises eligible spot market sales to include additional
negotiated sales, and third-party intermediary sales as defined in this
NOFA. When the COVID-19 pandemic disrupted normal marketing channels,
producers sold their hogs either directly or through third-party
intermediaries to local processors, butchers, individuals, brokers,
sale barns, or livestock aggregators. The use of third-party
intermediaries was the only available marketing alternative for many
producers when access to packers was not feasible due to the pandemic
and they used these sales avenues rather than depopulation; therefore,
these sales alternatives are included in SMHPP. The only sales directly
to packers that are eligible remain those through a negotiated sale.
Hogs sold through a contract that includes a premium of the spot-market
price or other formula such as the wholesale cut-out price remain
ineligible. This document also clarifies that eligible hogs:
<bullet> Do not include immature swine (that is, pigs), and
<bullet> Must be suitable and intended for slaughter as determined
by USDA.
FSA became aware that some producers were confused about the
eligibility of sales and what information they needed to submit when
compared to what they had submitted for previous pandemic assistance.
Therefore, FSA is requiring that all producers provide verifiable or
reliable documentation of their eligibility of sales to ensure SMHPP
payment eligibility and to prevent erroneous payments.
To ensure SMHPP funding availability is disbursed equitably to all
eligible producers, FSA will issue payments after the application
period ends. If calculated payments exceed the amount of available
funding, payments will be factored.
As a result of these revisions, the SMHPP application period has
been extended to April 29, 2022.
Background
The Coronavirus Aid, Relief, Economic Security (CARES) Act (Pub. L.
116-136) provides funding to prevent, prepare for, and respond to the
COVID-19 pandemic by providing support for agricultural producers who
were impacted. The Secretary announced the USDA Pandemic Assistance for
Producers initiative on March 24, 2021. As a part of that initiative,
FSA implemented SMHPP, as directed by the Secretary, to make payments
to producers that sold hogs through a spot market sale from April 16,
2020, through September 1, 2020, the period in which these producers
faced the greatest reduction in market prices due to the COVID-19
pandemic.
FSA and USDA's Agricultural Marketing Service (AMS) identified
negotiated hogs as a sector of the agricultural industry significantly
impacted by the pandemic that had not been adequately addressed by
previous pandemic relief programs and experienced the greatest market
price impacts out of all hog purchase types. Using a price analysis of
the average daily national negotiated sales during the pandemic
compared to the daily 5-year average for years 2015 through 2019. FSA
and AMS determined April 16, 2020, through September 1, 2020, to be the
period with the greatest market impacts on hogs sold through a
negotiated sale due to the pandemic. The reduced market prices were a
result of fewer negotiated hogs being procured, packer production
decreases due to employee illness, and supply chain issues. This period
also generally aligns with the Coronavirus Food Assistance Program
(CFAP) 2 eligibility period for swine, which ran from April 16, 2020,
through August 31, 2020.
When the COVID-19 pandemic disrupted normal marketing channels,
including access to packers, producers sold their hogs through cash
sales to local processors or butchers, direct sales to individuals, and
third-party intermediaries which, may include, but are not limited to,
sale barns or brokers. The use of third-party intermediaries was the
only available marketing alternative for many producers and they used
these sales avenues rather than depopulation; therefore, these sales
alternatives are included in SMHPP.
Direct payments are limited to hog producers located in the United
States. This assistance will be available to hog producers through
SMHPP as provided in this notice.
FSA is administering SMHPP under the general supervision and
direction of the FSA Administrator and AMS. AMS is providing technical
assistance to FSA, which includes, but is not limited to, sharing
expertise on the hog industry regarding the impact of the COVID-19
pandemic on the industry.
Definitions
The definitions in 7 CFR parts 718 and 1400 apply to SMHPP, except
as otherwise provided in this document. The following definitions also
apply.
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.
Hogs means adult swine of an appropriate size and condition for
slaughter as evidenced by sale and acceptance for slaughter, if
determined to be reasonable for the size for slaughter for the area
from April 16, 2020, through September 1, 2020, by the applicable FSA
county committee.
Negotiated sale means a sale by a producer of hogs to a packer
under which the base price for the hogs is determined by seller-buyer
interaction and agreement on a delivery day. The hogs are scheduled for
delivery to the packer not more than 14 days after the
[[Page 15360]]
date on which the hogs are committed to the packer. A negotiated
formula sale is also considered a negotiated sale.
Negotiated formula sale means a hog or pork market formula sale
under which:
(1) The formula is determined by negotiation on a lot-by-lot basis;
and
(2) The hogs are scheduled for delivery to the packer not later
than 14 days after the date on which the formula is negotiated and the
hogs are committed to the packer.
Ownership interest means to have either a legal ownership interest
or a beneficial ownership interest in a legal entity. For the purposes
of administering SMHPP, a person or legal entity that owns a share or
stock in a legal entity that is a corporation, limited liability
company, limited partnership, or similar type entity where members hold
a legal ownership interest and shares in the profits or losses of such
entity is considered to have an ownership interest in such legal
entity. A person or legal entity that is a beneficiary of a trust or
heir of an estate who benefits from the profits or losses of such
entity is considered to have a beneficial ownership interest in such
legal entity.
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.
Pig an immature, non-adult swine weighing less than 120 pounds.
Producer means a person or legal entity who has ownership of the
hogs and whose production and facilities are located in the United
States.
Reliable record means any non-verifiable record available that can
reasonably be used to substantiate the eligible hog sales and how
prices were determined for the sale, as determined acceptable by the
FSA county committee.
Sold means the producer and the buyer agreed on the negotiated
price through a spot market sale, and the producer delivered the hogs
within the time of that agreement. For SMHPP, a hog is considered sold
on the date of the agreement, rather than when the hog or payment is
delivered.
Spot market sale means hogs marketed for slaughter to an individual
or through a negotiated sale or through an intermediary who interacts
with the buyer on behalf of the seller, which may include, but is not
limited to, sale barns, brokers, or other intermediaries as determined
by DAFP.
Swine means domesticated omnivorous pig, hog, or boar.
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.
Verifiable record means a document provided by the producer that
can be verified by the FSA county committee through an independent
source and can be used to substantiate the eligible hog sales and how
prices were determined for the sale.
Eligible Hog Sales
Eligible hogs are hogs sold through a spot market sale by producers
from April 16, 2020, through September 1, 2020. FSA is providing
assistance for these sales because USDA has determined producers that
sold hogs through a spot market sale were affected by the greatest
reduction in market prices for swine producers due to the COVID-19
pandemic during this period.
The hogs must have been physically located in the United States at
the time of sale and advertised or offered as ready for slaughter.
Ineligible Hog Sales
Ineligible hog sales include:
(1) Any other types of sales identified by the AMS Livestock
Mandatory Reporting (LMR), including: Formulas linked to futures or
formulas based on the cutout based on the wholesale meat prices, such
as other market formula and swine or pork market formula,
<bullet> Packer-owned swine.
(2) Contracts that include a premium above the spot market price;
and
(3) Sales of either pigs or hogs that are marketed for purposes
other than slaughter, such as for breeding stock or to grow out.
Eligible Producers
An eligible producer is a person or legal entity who has ownership
of the eligible hogs and whose production and facilities are in the
United States.
To be eligible for SMHPP, a producer 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).
Eligible producers must have sold the hogs through a spot market
sale during the time frame of April 16, 2020, through September 1,
2020.
Ineligible Producers
Ineligible producers include:
(1) Contract growers;
(2) Federal, State, and local governments, including public
schools; and
(3) Packers.
Application Process
FSA will accept applications from December 15, 2021, through April
29, 2022. To apply for SMHPP, eligible producers must submit a complete
form FSA-940, Spot Market Hog Pandemic Program (SMHPP) Application.
Applications may be submitted to any FSA county office in person or by
mail, email, facsimile, or other methods announced by FSA.
Producers must also submit all the following items, if not
previously filed with FSA:
<bullet> Form 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> Form CCC-941, Average Adjusted Gross Income (AGI)
Certification and Consent to Disclosure of Tax Information, 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;
<bullet> Form FSA-1123, Certification of 2020 Adjusted Gross
Income, if applicable; 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 the SMHPP producer and
applicable affiliates.
Producers must submit all required eligibility documentation
specified
[[Page 15361]]
above, as applicable, no later than 60 days from the date a producer
signs and submits the form FSA-940. If the producer does not timely
submit the required eligibility forms, or a member who is required to
submit the form AD-1026 does not do so, FSA will not issue a payment.
When the other required eligibility forms are not timely submitted for
a member of a legal entity, FSA will reduce the payment based on the
member's ownership interest in the legal entity.
All producers must provide documentation to support the accuracy of
information provided on the application, including to substantiate the
number of hogs reported on the application that were sold through a
spot market sale and how the price was determined for the sale. The
supporting documentation must be verifiable or reliable records that
substantiate the reported number of hogs sold through a spot market
sale and how the price was determined for the sale. Producers who apply
for SMHPP after the publication of this document are required to submit
supporting documentation to FSA within 15 days from submitting the FSA-
940 to FSA or the application will be disapproved. For producers who
applied for SMHPP prior to the publication of this document, FSA will
notify producers and request supporting documentation to verify the
sales of hogs sold through a spot market sale. The documentation must
be submitted to FSA within 30 days from the request or the application
will be disapproved by FSA.
Payment
SMHPP payments compensate eligible hog producers for hogs sold
through a spot market sale from April 16, 2020, through September 1,
2020. To simplify administration of SMHPP, FSA and AMS have determined
a single payment rate of $54 per head.
USDA calculated the average daily difference in the negotiated
sales price during the applicable time frame, compared to the daily 5-
year average for negotiated sales prices during April 16 through
September 1 for years 2015 through 2019. The average daily difference
was equal to $77 per hog based on the average carcass weight that was
submitted to AMS through livestock mandatory reporting.
The SMHPP payment rate of $54 per head is equal to the $77 per head
minus the CFAP 2 rate of $23 per head. CFAP 2 paid for the highest hog
inventory from April 16, 2020, through August 31, 2020. CFAP 2 was
available to all swine producers who qualified under the terms and
conditions of such program and the application period for CFAP 2 was
extended, ending October 12, 2021, to allow additional time for all
eligible producers to apply. SMHPP is therefore not intended to cover
pandemic impacts that were or could have been compensated under CFAP 2;
accordingly, the CFAP 2 hog payment rate of $23 per head has been
deducted from the calculated payment rate for SMHPP.
SMHPP payments will be calculated by multiplying the number of head
of eligible hogs, not to exceed 10,000 head, by the payment rate per
head of $54. FSA will issue payments to eligible producers after the
application period ends. If calculated payments exceed the amount of
available funding, payments will be factored. SMHPP is not subject to
payment limitations.
Provisions Requiring Refund to FSA
In the event that any application for a SMHPP payment resulted from
erroneous information reported by the producer, the payment will be
recalculated, and the producer must refund any excess payment to FSA,
including interest to be calculated from the date of the disbursement
to the SMHPP producer. If, for whatever reason, FSA determines that the
producer misrepresented the total hogs sold through a spot market sale,
the application will be disapproved, and the producer must refund the
full SMHPP 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 SMHPP 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 as described in 7 CFR part 1400, subpart F, unless the
exception described below applies. With respect to joint ventures and
general partnerships, this average AGI provision will be applied to
members of the joint venture and general partnership. Average AGI
provisions are applicable to members, partners, stockholders, heirs,
and beneficiaries with an ownership interest in a legal entity,
including a general partnership or joint venture who are at or above
the fourth level of ownership in the business structure. The eligible
hog producer's payment will be reduced by the portion of a payment
attributed to a member who exceeds the average $900,000 AGI limitation
or is otherwise ineligible for payment.
A person or legal entity whose average AGI exceeds $900,000 may
otherwise be eligible for SMHPP payments if the 2020 AGI alone is less
than $900,000. In order to qualify for this exception to the average
AGI limitation, persons or legal entities must submit form FSA-1123 to
certify that their 2020 AGI is not more than $900,000 and also provide
a certification from a licensed CPA or attorney attesting to the
accuracy of the person's or legal entity's certification.
A payment made to a legal entity will be attributed to those
members who have a direct or indirect ownership interest in the legal
entity unless the payment of the legal entity has been reduced by the
proportionate ownership interest of the member due to that member's
ineligibility.
Attribution of payments made to legal entities will be tracked
through four levels of ownership in legal entities as follows:
<bullet> First level of ownership: Any payment made to a legal
entity that is owned in whole or in part by a person will be attributed
to the person in an amount that represents the direct ownership
interest in the first-level or payment legal entity;
<bullet> Second level of ownership: Any payment made to a first-
level legal entity that is owned in whole or in part by another legal
entity (referred to as a second-level legal entity) will be attributed
to the second-level legal entity in proportion to the ownership of the
second-level legal entity in the first-level legal entity; if the
second-level legal entity is owned in whole or in part by a person, the
amount of the payment made to the first-level legal entity will be
attributed to the person in the amount that represents the indirect
ownership in the first-level legal entity by the person;
<bullet> Third and fourth levels of ownership: Except as provided
in the second-level of ownership bullet above, any payments made to a
legal entity at the third and fourth levels of ownership will be
attributed in the same manner as specified in the second-level of
ownership bullet above; and
<bullet> Fourth level of ownership: If the fourth level of
ownership is that of a legal entity and not that of a person, a
reduction in payment will be applied to the first-level or payment
legal entity in the amount that represents the indirect ownership in
the first-level or payment legal entity by the fourth level legal
entity.
Payments made directly or indirectly to a person who is a minor
child will
[[Page 15362]]
not be combined with the earnings of the minor's parent or legal
guardian.
A producer that is a legal entity must provide the names,
addresses, ownership share, and valid taxpayer identification numbers
of the members holding an ownership interest in the legal entity.
Payments to a legal entity will be reduced in proportion to a member's
ownership share when a valid taxpayer identification number for a
person or legal entity that holds a direct or indirect ownership
interest, at or above the fourth level of ownership in the business
structure, is not provided to USDA.
If an individual or legal entity is not eligible to receive SMHPP
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 producer 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 SMHPP, 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 SMHPP. 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 the
applicable time period for eligible spot market sales and the payment
rate for SMHPP.
Participants are required to retain documentation in support of
their application for 3 years after the date of approval. Participants
receiving SMHPP 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.
A producer may file an application with an FSA county office after
the SMHPP application deadline, and in such case the application will
be considered a request to waive the deadline. The Deputy Administrator
for Farm Programs, FSA (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 SMHPP. Although producers have a
right to a decision on whether they filed applications by the deadline
or not, producers 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 SMHPP 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 apply to SMHPP payments.
In either applying for or participating in SMHPP, or both, the
producer 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 producer knowingly makes any untrue
verbal or written declaration, certification, statement, or
verification that the producer when applying for or participating in
SMHPP, or both, then the producer is guilty of perjury (except as
otherwise provided by law) and may be fined, imprisoned for not more
than 5 years, or both, regardless of whether the producer makes such
verbal or written declaration, certification, statement, or
verification within or outside 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 SMHPP but only as to beneficiaries who, as a condition of
the waiver, agree to apply the SMHPP payments to reduce the amount of
the judgment lien.
In addition to any other Federal laws that apply to SMHPP, the
following laws apply: 15 U.S.C. 714; and 18 U.S.C. 286, 287, 371, and
1001.
Paperwork Reduction Act Requirements
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), FSA received the OMB approval (control number 0560-0305)
to cover the SMHPP information collection request under the emergency
request. FSA will include the increased burden hours of 4,152 to cover
the additional documentation required to support the completed form
FSA-940 SMHPP application in the 3-year 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 regulation
for compliance with NEPA (7 CFR part 799).
As previously stated, SMHPP is providing payments to producers that
sold hogs through a spot market sale from April 16, 2020, through
September 1, 2020, the period in which these producers faced the
greatest reduction in market prices due to the COVID-19 pandemic. The
limited discretionary aspects of SMHPP 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)(iv) that applies to
individual farm participation in FSA programs where no ground
disturbance or change in land use occurs as a result of the proposed
action or participation; 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 SMHPP and the participation in SMHPP 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 Catalog of Federal Domestic Assistance, to which this document
applies is 10.144--Spot Market Hog Pandemic Program.
[[Page 15363]]
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#a6e9e7e5e6d3d5c2c788c1c9d0"><span class="__cf_email__" data-cfemail="b0fff1f3f0c5c3d4d19ed7dfc6">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Zach Ducheneaux,
Administrator, Farm Service Agency.
[FR Doc. 2022-05672 Filed 3-17-22; 8:45 am]
BILLING CODE 3410-05-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 18, 2022.
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.