Notice2023-05331
Notice of Funding Availability (NOFA); Emergency Grain Storage Facility Assistance Program
Primary source
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Published
March 16, 2023
Issuing agencies
Agriculture DepartmentFarm Service Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 51 (Thursday, March 16, 2023)</title>
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[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Notices]
[Pages 16230-16235]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05331]
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Notices
Federal Register
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or proposed rules that are applicable to the public. Notices of hearings
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Federal Register / Vol. 88, No. 51 / Thursday, March 16, 2023 /
Notices
[[Page 16230]]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
[Docket ID FSA-2022-0014]
Notice of Funding Availability (NOFA); Emergency Grain Storage
Facility Assistance Program
AGENCY: Farm Service Agency, USDA.
ACTION: Notification of funding availability.
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SUMMARY: The Farm Service Agency (FSA) is announcing the availability
of funding to assist grain producers because eligible disaster events
damaged or destroyed local commercial grain facilities. To assist
producers in the impacted areas, FSA will provide financial assistance
under the Emergency Grain Storage Facility Assistance Program (EGSFP).
Eligible grain producers in affected counties impacted by eligible
disaster events that damaged or destroyed local commercial grain
elevators from December 1, 2021, to August 1, 2022, may be eligible for
cost-share assistance to construct needed storage facilities to meet
on-farm grain storage capacity and handling needs necessary to support
the marketing of grain. Grain producers in affected counties in
Illinois, Indiana, Iowa, Kentucky, Minnesota, Missouri, North Dakota,
South Dakota, Tennessee and any other affected counties as determined
and announced by the Deputy Administrator for Farm Programs (DAFP) are
eligible to apply.
DATES:
Applications due date: We will accept applications for assistance
through December 29, 2023.
Comment due date: We will consider comments on the information
collection request discussed in the Paperwork Reduction Act section
that we receive by: May 15, 2023.
ADDRESSES:
Comments: We invite you to submit comments on the information
collection request. You may submit comments using any of the following
methods, although FSA prefers that you submit comments electronically
through the Federal eRulemaking Portal:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for Docket ID FSA-2022-0014. Follow the
online instructions for submitting comments.
<bullet> Mail, Hand-Delivery, or Courier: Director, Price Support
Division, FSA, USDA, 1400 Independence Avenue SW, Stop 0510,
Washington, DC 20250-0522. In your comment, specify the docket ID FSA-
2022-0014.
All comments received, including those received by mail, will be
posted without change and will be publicly available on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Danielle L. Cooke; telephone: (202)
720-1919; or by email: <a href="/cdn-cgi/l/email-protection#1e7a7f70777b72727b307d7171757b5e6b6d7a7f30797168"><span class="__cf_email__" data-cfemail="e88c8986818d84848dc68b8787838da89d9b8c89c68f879e">[email protected]</span></a>. Individuals who require
alternative means for communication should contact the USDA TARGET
Center at (202) 720-2600 (voice and text telephone (TTY)) or dial 711
for Telecommunications Relay service (both voice and text telephone
users can initiate this call from any telephone).
SUPPLEMENTARY INFORMATION:
Background
The Commodity Credit Corporation (CCC) reallocated $20 million of
exercised borrowing authority in fiscal year (FY) 2020 to FSA to
provide financial assistance to grain producers through EGSFP to assist
with marketing disruptions and limited storage capacity caused by
eligible disaster events in affected counties from December 1, 2021,
through August 1, 2022. CCC is authorized to provide funding under
section 5(b) of the CCC Charter Act to ``make available materials and
facilities required in connection with the production and marketing of
agricultural commodities (other than tobacco).'' EGSFP will provide
support to eligible producers or groups of producers in their efforts
to build permanent or temporary on-farm grain storage, restore existing
storage, and purchase drying and handling equipment, using new or used
materials, as defined by FSA. The $20 million funding for the EGSFP
assistance will remain available until expended and EGSFP payments will
be subject to the availability of funding.
Kentucky grain producers have an immediate need for assistance, due
in large part to limited marketing and storage opportunities for over
10 million bushels of grain. The commercial grain facility located in
Mayfield, Kentucky, was destroyed in December 2021 by a tornado, and
the owners of that facility have not started to rebuild the structure.
At this time, the company has not decided if they will rebuild the
grain storage facility. There are also damaged elevators in Illinois,
Indiana, Iowa, Minnesota, Missouri, North Dakota, South Dakota, and
Tennessee that impact the storage capacity for grain producers in the
areas surrounding such facilities.
FSA identified the affected counties for EGSFP assistance using a
30-mile radius from local commercial grain elevators that were damaged
or destroyed by an eligible disaster event. The 30-mile radius was
determined based on an analysis of the distance traveled by grain
producers to transport grain to grain elevators in a representative
sample of the areas in which grain elevators were damaged or destroyed
by eligible disaster events and the grain production in those areas.
Grain producers and other agricultural operations in affected
counties are recovering and rebuilding from the devasting tornadoes,
flooding, hurricanes, and straight-line winds that swept through the
affected counties over the last several crop years. Many producers lost
their ability to market and store grain due to damaged and destroyed
on-farm grain storage facilities and local commercial grain elevators,
which created logistical challenges and disruptions in the orderly
marketing of grain. The cost-share assistance for on-farm grain storage
and drying and handling equipment will help producers prepare for the
upcoming crop harvest. Through the administration of EGSFP, FSA is
proactively addressing marketing disruptions and on-farm grain storage
capacity needs while mitigating supply chain interruptions. In this
document, FSA is providing the eligibility requirements, application
process, and payment calculations for EGSFP.
This assistance will cover a percentage of eligible expenses
associated with building on-farm grain
[[Page 16231]]
storage for a producer's own use or a common facility for shared use
among a group of producers or eligible expenses associated with
purchasing drying and handling equipment needed for the grain. EGSFP
assistance is not conditioned on the loss of a producer's own on-farm
grain storage, but rather provides support to producers in affected
counties who are experiencing grain marketing disruptions and need
additional on-farm grain storage capacity and drying and handling
equipment following an eligible disaster event that caused the damage
or destruction of the local commercial grain elevators.
Producers may be eligible for EGSFP assistance for on-farm grain
storage purchased or built, and drying and handling equipment
purchased, after this document is published in the Federal Register, as
long as those producers apply for EGSFP assistance by the application
deadline.
FSA is administering these direct payments under the general
supervision and direction of DAFP. DAFP may determine additional
counties meet the definition of affected counties for the purposes of
EGSFP assistance. Any additional affected counties approved by DAFP
will be announced as they are approved and no later than October 27,
2023, on the EGSFP website. FSA will immediately provide outreach to
producers in the newly added affected counties and various
communication mediums will be used to reach the grain producers.
Similar to other cost-share programs administered by FSA, EGSFP
funds will cover 75 or 90 percent of the eligible expenses associated
with building on-farm grain storage or purchasing drying and handling
equipment including, but not limited to, Ag baggers (including bags)
and augers, for a producer's own use or for a shared-cost arrangement
among a group of producers using a common facility. EGSFP assistance
will be 90 percent for underserved participants and 75 percent for all
other participants.\1\ To qualify for the higher payment percentage,
eligible producers are required to provide a CCC-860, Socially
Disadvantaged Limited Resource, Beginning and Veteran Farmer or Rancher
Certification form on file in the FSA office.
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\1\ FSA calculates payments based on a higher payment factor for
underserved farmers and ranchers (or specific groups included in
that term) in several programs, such as ECP, the Emergency
Assistance for Livestock, Honeybees, and Farm-Raised Fish Program,
and the Tree Assistance Program. FSA has also used higher payment
factors for these producers in several recently announced programs:
the Food Safety Certification for Specialty Crops Program, the
Organic and Transitional Education and Certification Program, the
Emergency Livestock Relief Program Phase 1, and the Emergency Relief
Program Phase 1. In addition, the Noninsured Crop Disaster
Assistance Program provides a reduced service fee and premium for
underserved farmers and ranchers. This approach supports the
equitable administration of FSA programs, as underserved farmers and
ranchers are more likely to lack financial reserves and access to
capital that would allow them to cope with storage and marketing
disruptions due to unexpected events outside of their control.
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To determine if a producer or group of producers need additional
on-farm grain storage, a calculation similar to the Farm Storage
Facility Loan (FSFL) Program storage capacity need calculation will be
used for EGSFP, which will require the producer to provide eligible
grain production to calculate the producer's share and need for the on-
farm grain storage. The FSFL Program provides low-cost financing in the
form of loans for producers to build or upgrade new or used on-farm
storage and handling facilities.
Any storage structure built or renovated, or drying and handling
equipment purchased or built, before the publication of this document
is not eligible for EGSFP assistance. Additionally, storage and
handling grain trucks are not eligible for EGSFP assistance.
The designs of the on-farm grain storage structures may differ
between states and counties, but must have a useful life of at least 3
years. DAFP has discretionary authority to determine if the on-farm
grain storage structures are adequate and suitable for the storage and
handling of grain.
EGSFP allows producers to renovate existing storage structures for
the intended purposes of storing grain. Any storage structure built or
renovated or drying and handling equipment purchased using EGSFP
funding must not be rented out to other producers. To ensure EGSFP
requirements are met, FSA State committees may complete an on-site
inspection before issuance of a partial or final payment, in addition
to spot checks after payments are made.
Administration
EGSFP will be administered under the general supervision of the FSA
Administrator and DAFP. EGSFP will be carried out by FSA State
committees and FSA county committees with instructions issued by DAFP.
FSA State committees, FSA county committees, representatives, and
their employees do not have authority to modify or waive any of the
provisions of EGSFP, except as discussed below.
The FSA State committee will take any required action not taken by
the FSA county committee. The FSA State committee will also:
<bullet> Correct or require correction of an action taken by an FSA
county committee that is not in compliance with this document; or
<bullet> Require an FSA county committee to not take an action or
implement a decision that is not in compliance with this document.
DAFP or a designee may determine any question arising under EGSFP
or reverse or modify a determination made by an FSA State committee or
FSA county committee.
DAFP may authorize FSA State committees and FSA county committees
to waive or modify non-statutory deadlines and other program
requirements in cases where lateness or failure to meet such other
requirements does not adversely affect the operation of EGSFP.
A representative of FSA may execute applications and related
documents only under the terms and conditions determined and announced
by FSA. Any document not executed under such terms and conditions,
including any purported execution before the date authorized by FSA,
will be null and void.
Definitions
The definitions in this section apply for all purposes of EGSFP
administration.
Administrative county office is the FSA county office where a
producer's FSA records are maintained.
Affected counties means counties, or their equivalent, in the
United States that DAFP has determined to have suffered grain storage
and marketing disruptions as a result of being located within a 30-mile
radius of a local commercial grain elevator that was damaged or
destroyed by an eligible disaster event. A list of affected counties
can be found at the EGSFP website. Affected counties have already been
identified in Illinois, Indiana, Iowa, Kentucky, Minnesota, Missouri,
North Dakota, South Dakota, and Tennessee. DAFP may determine that
additional counties meet this definition in these states or other parts
of the United States. Any such determination will be made, announced,
and posted on the EGSFP website by October 27, 2023.
Ag baggers (including bags) means machinery and accessory equipment
(not limited to augers, loaders, unloaders) that allow grain to be
stored temporarily in a polyethylene plastic sheathing type bag and
allows grain to be stored in a dry, controlled environment.
[[Page 16232]]
Application period means the period starting on March 16, 2023 and
ending on December 29, 2023, during which time producers may apply for
EGSFP benefits.
Beginning farmer or rancher means a farmer or rancher who has not
operated a farm or ranch for more than 10 years and who materially and
substantially participates in the operation. For a legal entity to be
considered a beginning farmer or rancher, at least 50 percent of the
ownership interest must be held by individuals who are beginning
farmers or ranchers.
Calendar year means January 1 through December 31.
Crop year means the 12-month period following a crop's normal
harvest period.
Eligible disaster event means derechos (severe thunderstorm and
straight-line winds), floods, hurricanes, tornadoes, winter storms, and
other eligible disaster events, as determined by DAFP, that occurred
from December 1, 2021, through August 1, 2022.
Eligible grain production means the actual grain production
harvested during crop years 2021 and 2022 in which applicant(s) had an
ownership share.
Existing storage means grain storage owned by the applicant that
has not deteriorated to the point where it is no longer functional for
storage purposes. The existing storage must be what is owned by the
applicant in the affected county where the on-farm grain storage is or
will be located.
Grain means barley, canola, corn, flaxseed, mixed grain, oats, rye,
sorghum, soybeans, sunflower seed, triticale, and wheat.
Handling equipment means equipment including, but not limited to,
ag baggers (including bags), augers and dryers, which may be used for
control and protection of the grain prior to processing, storage, and
movement of the grain.
Limited resource farmer or rancher means a farmer or rancher:
(1) Who is a person whose:
(i) Direct or indirect gross farm sales did not exceed $221,200 in
each calendar year for 2020 and 2021 (the relevant years for the 2023
program year); and
(ii) Total household income was at or below the national poverty
level for a family of four in each of the same 2 previous years
referenced in paragraph (1)(i) of this definition; \2\ or
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\2\ Limited resource farmer or rancher status can be determined
using a website available through the Limited Resource Farmer and
Rancher Online Self Determination Tool through Natural Resources
Conservation Service at <a href="https://lrftool.sc.egov.usda.gov">https://lrftool.sc.egov.usda.gov</a>.
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(2) That is an entity and all members who hold an ownership
interest in the entity meet the criteria in paragraph (1) of this
definition.
On-farm grain storage means new or used, permanent or temporary on-
farm grain storage structures that may include, but are not limited to,
conventional-type cribs or bins designed and engineered for grain
storage, open buildings with two end walls, converted storage
structures, asphalt, concrete or gravel floors with grain piles and
tarp covering, and ag baggers (including bags), with a useful life of
at least 3 years. On-farm grain storage structures may account for
aeration, drainage, and may require loading or unloading augers, drying
and handling equipment.
On-farm grain storage capacity means the capacity in bushels of on-
farm grain storage of a producer or group of producers.
Producer means a person, partnership, association, corporation,
estate, trust, or other legal entity that produces grain as a
landowner, landlord, tenant, or sharecropper.
Socially disadvantaged farmer or rancher means a farmer or rancher
who is a member of a group whose members have been subjected to racial,
ethnic, or gender prejudice because of their identity as members of a
group without regard to their individual qualities. For entities, at
least 50 percent of the ownership interest must be held by individuals
who are members of such a group. Socially disadvantaged groups include
the following and no others unless approved in writing by DAFP:
<bullet> American Indians or Alaskan Natives;
<bullet> Asians or Asian-Americans;
<bullet> Blacks or African Americans;
<bullet> Hispanics or Hispanic Americans;
<bullet> Native Hawaiians or other Pacific Islanders; and
<bullet> Women.
Underserved producers means beginning, limited resource, socially
disadvantaged, and veteran farmers and ranchers.
United States means all 50 states of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
Veteran farmer or rancher means a farmer or rancher:
(1) Who has served in the Armed Forces (as defined in 38 U.S.C.
101(10) \3\) and:
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\3\ The term ``Armed Forces'' means the United States Army,
Navy, Marine Corps, Air Force, Space Force, and Coast Guard,
including the reserve components.
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(i) Has not operated a farm or ranch for more than 10 years; or
(ii) Has obtained status as a veteran (as defined in 38 U.S.C.
101(2) \4\) during the most recent 10-year period; or
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\4\ The term ``veteran'' means a person who served in the active
military, naval, air, or space service, and who was discharged or
released under conditions other than dishonorable.
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(2) That is an entity and at least 50 percent of the ownership
interest is held by members who meet the criteria in paragraph (1) of
this definition.
Eligibility
To be eligible for an EGSFP payment, a grain producer, or a group
of producers, must have eligible grain production in an affected county
and demonstrate a need for additional on-farm grain storage.
To determine a producer's need for additional on-farm grain
storage, the existing storage of the producer or group of producers
will be deducted from the eligible grain production of the producer or
group of producers. If the result is greater than zero, then the
producer or group of producers has a need for additional on-farm grain
storage and may be eligible for EGSFP assistance. If an application is
submitted but the result is less than zero, FSA will notify the
producer that they are ineligible for EGSFP assistance and provide
appeal rights.
Also, to be eligible for EGSFP assistance each applicant must:
(1) Submit a completed application as specified in the Application
Process section below; and
(2) Comply with all provisions of this NOFA and comply with the
following regulations:
<bullet> 7 CFR part 12--Highly Erodible Land and Wetland
Conservation;
<bullet> 7 CFR 718.6, Controlled Substance;
<bullet> 7 CFR part 707--Payments Due Persons Who Have Died,
Disappeared, or Have Been declared Incompetent, if applicable.
The on-farm grain storage built or renovated, or drying and
handling equipment purchased, with EGSFP assistance must be used solely
by the producer or group of producers for which the EGSFP assistance
was requested. The eligible grain production used to calculate the on-
farm grain storage capacity need must not have been purchased,
bartered, or received as a gift.
The producer must have been producing and marketing grain when the
eligible disaster events occurred. The producer must also certify that
they are still actively producing grain and will use the on-farm grain
storage,
[[Page 16233]]
drying, and handling equipment purchased or built with EGSFP assistance
for at least 3 years after the cost-share payment is made.
Any storage structure built or renovated, or drying and handling
equipment purchased before the publication of this document is not
eligible for EGSFP assistance. Producers may be eligible for EGSFP
assistance for on-farm grain storage purchased or built, and drying and
handling equipment purchased, after this document is published in the
Federal Register, only to the extent that costs associated with that
construction or those purchases were incurred after the date of
publication. Additionally, storage and handling grain trucks are not
eligible for EGSFP assistance. A receiver or trustee of an insolvent or
bankrupt debtor's estate, an executor or an administrator of a deceased
person's estate, a guardian of an estate of a ward or an incompetent
person, and trustees of a trust is considered to represent the
insolvent or bankrupt debtor, the deceased person, the ward or
incompetent, and the beneficiaries of a trust, respectively. The
production of the receiver, executor, administrator, guardian, or
trustee is the production of the person or estate represented by the
receiver, executor, administrator, guardian, or trustee. EGSFP
documents executed by any such person will be accepted by FSA only if
they are legally valid and such person has the authority to sign the
applicable documents.
A minor who is otherwise an eligible producer is eligible to
receive an EGSFP payment only if the minor meets one of the following
requirements:
<bullet> The right of majority has been conferred on the minor by
court proceedings or by statute;
<bullet> A guardian has been appointed to manage the minor's
property and the applicable EGSFP documents are signed by the guardian;
or
<bullet> Any EGSFP application signed by the minor is cosigned by a
person determined by the FSA county committee to be financially
responsible.
In addition, consistent with other FSA assistance programs, a
producer must be a:
<bullet> Citizen of the United States;
<bullet> Resident alien, which for purposes of EGSFP means ``lawful
alien'' as defined in 7 CFR 1400.3;
<bullet> Partnership consisting solely of citizens of the United
States or resident aliens;
<bullet> Corporation, limited liability company, or other
organizational structure organized under State law consisting solely of
citizens of the United States or resident aliens;
<bullet> Indian Tribe or Tribal organization, as defined in section
4(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304); or
<bullet> Foreign person or foreign entity who meets all
requirements as described in 7 CFR 1400.
Application Process
FSA will make available to producers, FSA-413, and FSA-413-1,
Continuation Sheet for EGSFP, if applicable, to apply for assistance.
Producers will self-certify on FSA-413 and FSA-413-1, if applicable,
the eligible grain production, and the estimated cost to build the on-
farm grain storage and drying and handling equipment, and the
producer's share for the on-farm grain storage. FSA will start the
application period on March 16, 2023. To apply for EGSFP assistance,
all applicants must submit a completed form FSA-413 and FSA-413-1, if
applicable, EGSFP Applications to their administrative FSA county
office by December 29, 2023.
Applicants may apply for EGSFP at their local administrative FSA
county office.\5\ Applicants must submit the following forms, if not
already on file in person or by mail, email, facsimile:
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\5\ USDA Service Center and administrative FSA county office
locations and contact information are available at <a href="https://offices.sc.egov.usda.gov/locator/app">https://offices.sc.egov.usda.gov/locator/app</a>.
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<bullet> Form FSA-413, EGSFP Application;
<bullet> Form FSA-413-1, Continuation Sheet for EGSFP;
<bullet> Manual Form CCC-902-I, Farm Operating Plan for an
Individual, as applicable;
<bullet> Manual Form CCC-902E, Farm Operating Plan for an Entity,
as applicable;
<bullet> CCC-901, Member Information for Legal Entities (if
applicable);
<bullet> AD-1026, Highly Erodible Land Conservation (HELC) and
Wetland Conservation (WC) Certification;
<bullet> AD-2047, Customer Data Worksheet; and
<bullet> CCC-860, Socially Disadvantaged, Limited Resource,
Beginning and Veteran Farmer or Rancher Certification, for the
applicable program year if the applicant qualifies as an underserved
farmer or rancher and this form is not already on file with FSA.\6\
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\6\ Form CCC-860 is not required for applicants meeting the
definition of socially disadvantaged, limited resource, beginning,
and veteran farmer or rancher to receive a payment; however, failure
to submit form CCC-860 will result in an applicant's payment being
calculated using the lower payment rate that applies to all other
applicants. An applicant who has filed CCC-860 certifying their
status as a socially disadvantaged, beginning, or veteran farmer or
rancher for a prior program year is not required to submit a
subsequent certification of their status for a later program year
because their status as socially disadvantaged would not change in
different years, and their certification as a beginning or veteran
farmer or rancher includes the relevant date needed to determine for
what programs years the status would apply. Because an applicant's
status as a limited resource farmer or rancher may change annually
depending on their direct and indirect gross farm sales, those
applicants must submit CCC-860 for each applicable program year.
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If requested by FSA, the applicant must provide supporting
documentation to verify the accuracy of information provided on the
application. If any supporting documentation is requested, the
documentation must be submitted to FSA within 30 calendar days from the
request or the application will be disapproved by FSA. EGSFP are
subject to the availability of funding and will be funded in the order
in which they are approved. If additional funding is allocated to EGSFP
after initial funding is depleted, additional applications will be
reviewed, approved and funded, if the eligibility criteria is met, in
the order received, subject to the availability of those additional
funds.
Payment Calculations
The EGSFP payment will be calculated as follows:
The self-certified eligible estimated costs to build or purchase
on-farm grain storage and drying and handling equipment to meet the
need of the producer or group of producers for additional on-farm grain
storage capacity, determined as specified in the Eligibility section
above, multiplied by the producer's share of grain crop that will be
stored in the built or purchased storage structure. This amount will
then be multiplied by the cost share factor of 75 percent or 90
percent.
As provided above, for on-farm grain storage and drying and
handling equipment, a cost share factor of 75 percent will be applied
to the calculated payment to reduce the participant's payment, unless
the participant is a certified underserved producer. If the participant
has certified their underserved status on form CCC-860 filed with FSA,
Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer
or Rancher Certification, a factor of 90 percent will be applied.
At the election of the producer, FSA will make a partial and final
payment or one final payment to eligible grain producers, or a group of
producers based on the information certified on FSA-413 and FSA-413-1,
Continuation Sheet for EGSFP, if applicable. The FSA-413-1 must be
submitted with the FSA-413 when a group of producers are applying for
EGSFP assistance.
[[Page 16234]]
An initial partial payment may be made, at the election of the
producer, to facilitate the purchase and construction of the eligible
on-farm grain storage and drying and handling equipment. A partial
payment will be made after the approved applicant has completed a
commensurate share of the construction or purchase of the eligible on-
farm grain storage materials and drying and handling equipment and
makes the request to the FSA county office. The partial payment will
match the percentage of completed construction or purchases up to 50
percent; it may not exceed 50 percent of the total approved EGSFP
payment amount.
The final payment will be made after the eligible on-farm grain
storage capacity and drying and handling equipment has been fully
delivered, erected, constructed, assembled, or installed. An FSA
employee may inspect and verify the amount of construction completed
before a partial and final payment is disbursed.
FSA will determine if the self-certified estimated cost for the on-
farm grain storage and drying and handling equipment is reasonable
based on general construction, labor, and supply rates for the
respective areas.
Payment Limitation and Payment Eligibility and Foreign Person
For the program year 2023, direct or indirect EGSFP payments made
to an eligible person or legal entity, other than a joint venture or
general partnership, may not exceed $125,000.
The attribution of payment provisions in 7 CFR 1400.105 will be
used to attribute payments to persons and legal entities for payment
limitation determinations.
EGSFP payments will be made to a foreign person or foreign entity
who meets all requirements as described in 7 CFR 1400.
Provisions Requiring Refund to FSA
If any EGSFP payment resulted from erroneous information reported
by the applicant, FSA will recalculate the payment, and the applicant
must refund any excess payment to FSA, including interest to be
calculated from the date of the disbursement to the applicant.
If, for whatever reason, FSA determines that the applicant
intentionally misrepresented information used to determine the
applicant's EGSFP payment amount, the application will be disapproved,
and the applicant must refund the full payment to FSA with interest
from the date of disbursement. All persons with a financial interest in
a legal entity receiving payments are jointly and severally liable for
any refund, including related charges, which is determined to be due by
FSA for any reason. Any required refunds must be resolved in accordance
with debt settlement regulations in 7 CFR part 3.
Miscellaneous Provisions
The EGSFP applications, FSA-413 and FSA-413-1, will be reviewed and
spot-checked for program eligibility and payment calculation purposes,
including certification that the producers built eligible on-farm grain
storage for their own use or for the use of a shared-cost arrangement
and used the on-farm grain storage and drying and handling equipment
for the intended purpose of storing or handling their grain.
Appeal regulations specified in 7 CFR parts 11 and 780 and
equitable relief and finality provisions specified in 7 CFR part 718,
subpart D, apply to determinations under EGSFP. The determination of
matters of general applicability that are not in response to, or result
from, an individual set of facts in an individual participant's
application for payment are not matters that can be appealed. Such
matters of general applicability include, but are not limited to, the
determination of applicable time periods and the payment calculation
formula for EGSFP.
Participants are required to retain documentation in support of
their application for 3 years after the date of approval.
Participants receiving EGSFP payments must permit authorized
representatives of USDA or the Government Accountability Office, during
regular business hours, to enter the participant's business and to
inspect, examine, and to allow representatives to make copies of books,
records, or other items for the purpose of confirming the accuracy of
the information provided by the participant.
Applicants have a right to a decision in response to timely
submitted applications.
If an applicant files a late EGSFP application, the application
will be considered a request to waive the deadline.
Requests to waive or modify EGSFP provisions, including requests to
waive the deadline, are at the discretion of DAFP. DAFP has the
authority to waive or modify application deadlines and other
requirements or EGSFP provisions not specified in law in cases where
DAFP determines it is equitable to do so and where the lateness or
failure to meet such other requirements or program provisions do not
adversely affect the operation of EGSFP.
Applicants who request to waive or modify EGSFP provisions do not
have a right to a decision on those requests, and DAFP's refusal to
exercise discretion on requests to waive or modify EGSFP provisions
will not be considered an adverse decision and is, by itself, not
appealable.
The regulations governing offsets in 7 CFR part 3 apply to EGSFP
payments.
In either applying for or participating in EGSFP, or both, the
applicant is subject to laws against perjury (including, but not
limited to, 18 U.S.C. 1621). If the applicant willfully makes and
represents as true any verbal or written declaration, certification,
statement, or verification that the applicant knows or believes not to
be true, in the course of either applying for or participating in
EGSFP, or both, then the applicant may be found to be guilty of
perjury. Except as otherwise provided by law, if guilty of perjury the
applicant may be fined, imprisoned for not more than 5 years, or both,
regardless of whether the applicant makes such verbal or written
declaration, certification, statement, or verification within or
outside the United States.
Paperwork Reduction Act Requirements
In compliance with the Paperwork Reduction Act (44 U.S.C. Chapter
35), FSA is requesting comments from interested individuals and
organizations on the information collection request associated with
EGSFP. After the 60-day period ends, the information collection request
will be submitted to the Office of Management and Budget (OMB) for a 3-
year approval. To start the EGSFP information collection approval,
prior to publishing this notice, FSA received emergency approval from
OMB for 6 months.
Title: Emergency Grain Storage Facility Assistance Program (EGSFP).
OMB Control Number: 0560-0XXX.
Type of Request: New Collection.
Abstract FSA is announcing the availability of funding to assist
grain producers because eligible disaster events damaged or destroyed
local commercial grain facilities. To assist producers in the impacted
areas, FSA will provide financial assistance under the Emergency Grain
Storage Facility Assistance Program (EGSFP). Eligible grain producers
in affected counties impacted by eligible disaster events that damaged
or destroyed local commercial grain elevators from December 1, 2021, to
August 1, 2022, may be eligible for cost-share assistance to construct
needed storage facilities to meet on-farm grain storage capacity and
handling needs necessary to support the
[[Page 16235]]
marketing of grain. Grain producers in affected counties in Illinois,
Indiana, Iowa, Kentucky, Minnesota, Missouri, North Dakota, South
Dakota, Tennessee and any other affected counties as determined and
announced by the Deputy Administrator for Farm Programs (DAFP) are
eligible to apply.
The producers are required to complete the form FSA-413 and FSA-
413-1, Continuation Sheet for EGSFP, if applicable, EGSFP Application
to determine eligibility and the need for the on-farm grain storage
capacity, estimated costs to build the on-farm grain storage and
purchase drying and handling equipment. FSA may request additional
supporting documents for verification of information on a completed
EGSFP Application.
For the following estimated total annual burden on respondents, the
formula used to calculate the total burden hour is the estimated
average time per response multiplied by the estimated total annual
responses.
Estimate of Respondent Burden: Public reporting burden for this
information collection is estimated to average 0.2368 hours per
response to include the time for reviewing instructions, searching for
information, gathering, and maintaining the data, and completing and
reviewing the collection of information.
Type of Respondents: Producers or farmers.
Estimated Annual Number of Respondents: 750.
Estimated Number of Responses per Respondent: 1.92.
Estimated Total Annual Responses: 1440.
Estimated Average Time per Response: 0.2368 hours.
Estimated Total Annual Burden on Respondents: 341 hours.
We are requesting comments on all aspects of this information
collection to help us to:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the FSA, including whether
the information will have practical utility;
(2) Evaluate the accuracy of FSA's estimate of burden including the
validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
that are to respond, including using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
All comments received in response to this document, including names
and addresses when provided, will be a matter of public record.
Comments will be summarized and included in the submission for Office
of Management and Budget approval.
Environmental Review
The environmental impacts have been considered in a manner
consistent with the provisions of the National Environmental Policy Act
(NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on
Environmental Quality (40 CFR parts 1500-1508), and the FSA regulations
for compliance with NEPA (7 CFR part 799).
The purpose of EGSFP is to establish assistance to help
agricultural producers in affected counties in Illinois, Indiana, Iowa,
Kentucky, Minnesota, Missouri, North Dakota, South Dakota, and
Tennessee purchase and build on-farm grain storage and purchase drying
and handling equipment necessary due to marketing and storage
disruptions caused by devastating natural disaster events from December
1, 2021, through August 1, 2022. The limited discretionary aspects of
EGSFP do not have the potential to impact the human environment as they
are administrative. Accordingly, these discretionary aspects are
covered by the categorical exclusions in 7 CFR 799.31(b)(6)(iii) that
applies to price support programs, provided no extraordinary
circumstances are found to exist. As such, the implementation of EGSFP
and the participation in EGSFP do not constitute major Federal actions
that would significantly affect the quality of the human environment,
individually or cumulatively. Therefore, FSA will not prepare an
environmental assessment or environmental impact statement for this
action and this document serves as documentation of the programmatic
environmental compliance decision for this federal action.
Federal Assistance Programs
The title and number of the Federal assistance programs, as found
in the Assistance Listing,\7\ to which this document applies is 10.973,
Emergency Grain Storage Facility Assistance Program.
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\7\ See <a href="https://sam.gov/content/assistance-listings">https://sam.gov/content/assistance-listings</a>.
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USDA Non-Discrimination Policy
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Agencies, offices, and employees,
and institutions participating in or administering USDA programs are
prohibited from discriminating based on race, color, national origin,
religion, sex, gender identity (including gender expression), sexual
orientation, disability, age, marital status, family or parental
status, income derived from a public assistance program, political
beliefs, or reprisal or retaliation for prior civil rights activity, in
any program or activity conducted or funded by USDA (not all bases
apply to all programs). Remedies and complaint filing deadlines vary by
program or incident.
Individuals who require alternative means of communication for
program information (for example, braille, large print, audiotape,
American Sign Language, etc.) should contact the responsible Agency or
USDA TARGET Center at (202) 720-2600 (voice and text telephone (TTY) or
dial 711 for Telecommunications Relay Service (both voice and text
telephone users can initiate this call from any telephone).
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at <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="115e505251646275703f767e67">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
William Marlow,
Acting Administrator, Farm Service Agency.
[FR Doc. 2023-05331 Filed 3-10-23; 4:15 pm]
BILLING CODE 3411-E2-P
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</html>Indexed from Federal Register on March 16, 2023.
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.