Notice2023-16492
Notice of Funds Availability
Primary source
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Published
August 3, 2023
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
The Secretary hereby announces the availability of funding for cotton merchandisers under the Pandemic Assistance for Cotton Merchandisers (PACM) Program. PACM will be administered by the Agricultural Marketing Service (AMS) and is authorized by the Consolidated Appropriations Act, 2023. The funds are intended to reduce the economic impacts of COVID-19 and other supply chain disruptions that impacted cotton merchandisers. Interested entities may apply for program participation by submitting the application, and required supporting documentation, available on our website at www.ams.usda.gov/ services/warehouse/cotton-program.
Full Text
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<title>Federal Register, Volume 88 Issue 148 (Thursday, August 3, 2023)</title>
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[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51259-51260]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16492]
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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. 148 / Thursday, August 3, 2023 /
Notices
[[Page 51259]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-FTPP-23-0032]
Notice of Funds Availability
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
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SUMMARY: The Secretary hereby announces the availability of funding for
cotton merchandisers under the Pandemic Assistance for Cotton
Merchandisers (PACM) Program. PACM will be administered by the
Agricultural Marketing Service (AMS) and is authorized by the
Consolidated Appropriations Act, 2023. The funds are intended to reduce
the economic impacts of COVID-19 and other supply chain disruptions
that impacted cotton merchandisers. Interested entities may apply for
program participation by submitting the application, and required
supporting documentation, available on our website at <a href="http://www.ams.usda.gov/services/warehouse/cotton-program">www.ams.usda.gov/services/warehouse/cotton-program</a>.
DATES:
Eligibility Period: AMS will accept claims from cotton
merchandisers for the period beginning March 1, 2020, and ending
December 29, 2022.
Claim Period: All claims must be submitted by 11:59 p.m. Eastern
Time, September 29, 2023, to be considered eligible for review and
determination of PACM program benefits.
Funding Expiration: Funds under this statutory authority must be
expended no later than December 29, 2023.
ADDRESSES: Applications are available on the AMS website at <a href="https://www.ams.usda.gov/services/warehouse/cotton-program">https://www.ams.usda.gov/services/warehouse/cotton-program</a> or via email at
<a href="/cdn-cgi/l/email-protection#134352505e53666077723d747c65"><span class="__cf_email__" data-cfemail="9bcbdad8d6dbeee8fffab5fcf4ed">[email protected]</span></a>. Applications and supporting documentation are required
to be uploaded to <a href="https://wcmd.app.box.com/f/5a6db73028e54d9982e1e85d193d1b16">https://wcmd.app.box.com/f/5a6db73028e54d9982e1e85d193d1b16</a>.
FOR FURTHER INFORMATION CONTACT: Dan Schofer, Program Manager,
Warehouse and Commodity Management Division, (202) 720-0219,
<a href="/cdn-cgi/l/email-protection#c898898b8588bdbbaca9e6afa7be"><span class="__cf_email__" data-cfemail="feaebfbdb3be8b8d9a9fd0999188">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background: Division N, Title VII, Section 751 of The Consolidated
Appropriations Act, 2021 (CAA 2021; Pub. L. 116-260), provided
$11,187,500,000 to prevent, prepare for, and respond to coronavirus by
providing support for agricultural producers, growers, and processors
impacted by coronavirus. Section 601(a)(4) of Division HH of the CAA
2023, using unobligated balances from the CAA 2021, made available
$100,000,000 for PACM, of which $99 million is available for further
pandemic relief to cotton merchandisers. The funding for this program
was excepted from the recissions of Division B, Title I, Section 4 of
the Fiscal Responsibility Act (Pub. L. 118-5).
Eligible Cotton: Cotton eligible for payment under PACM must have a
Permanent Bale Identification (PBI) number and have been purchased
from, or marketed on behalf of, a United States cotton producer during
the eligibility period of March 1, 2020, to December 29, 2022.
Eligible Participants: To be eligible to receive a payment under
PACM, cotton merchandisers must provide a certification attesting to,
and records indicating that, during the eligibility period (March 1,
2020, to December 29, 2022), cotton was purchased or marketed on behalf
of a United States cotton producer and certify that they are
responsible for final sale to the domestic end user or that they are
the exporter of the cotton and that they bore the majority of the
transportation and marketing costs. Final sale is defined as the final
transaction wherein a contract for eligible cotton has been executed,
directly or indirectly, transferring title or custody of cotton to the
domestic end user or exporter. Cotton Merchandisers are entities that
are regularly engaged in the business of buying and selling raw cotton
for manufacturing by an end user. All Cotton Merchandisers must be
organized under the laws of a state in the United States and must be
currently active and in good standing according to the applicable
registration authority, as well as an active registration with the
System for Award Management (SAM) (<a href="http://www.sam.gov">www.sam.gov</a>) to receive program
payments. SAM is an official website of the U.S. Government. There is
no cost to use SAM.
Claims Process: Claim Submission Requirements: Eligible cotton
merchandisers must submit an application, available at <a href="https://www.ams.usda.gov/services/warehouse/cotton-program">https://www.ams.usda.gov/services/warehouse/cotton-program</a>, via Secure Upload
at <a href="https://wcmd.app.box.com/f/5a6db73028e54d9982e1e85d193d1b16">https://wcmd.app.box.com/f/5a6db73028e54d9982e1e85d193d1b16</a>
attesting to entity information and the total number of bales claimed.
In addition, supplemental information must be submitted in a Comma-
Separated Values (csv) file, including Permanent Bale Identification
(PBI) number, crop year, receipt number, shipping mark, shipment date,
and last storing warehouse code or identifier.
Claim Validation: There will be one payment only per eligible bale
of cotton. Merchandisers will self-certify their volume of bales and
provide the unique Permanent Bale Identification (PBI) with their
applications. While conducting eligibility reviews, AMS may request
additional documentation to substantiate claims.
Payment: Payment Eligibility: Claimants must have an active
registration with the System for Award Management (SAM) (<a href="http://www.sam.gov">www.sam.gov</a>)
to receive program payments. SAM is an official website of the U.S.
Government. There is no cost to use SAM.
Payment Calculation: The CAA authorizes up to ``$100,000,000, to be
derived from the unobligated balances of amounts made available under
section 751 of division N of the Consolidated Appropriations Act, 2021
(Pub. L. 116-260)'' in pandemic assistance. The CAA also allows the
Secretary to use one percent of the total amount ``for administrative
costs necessary to carry out this program.'' The CAA grants the
Secretary wide discretion to make payment determinations and rates that
take into account the economic impacts of COVID-19 and other supply
chain disruptions. Using that discretion, the Secretary has determined
that a tiered approach will most efficiently and effectively address
these issues in a manner contemplated by the statute.
The Secretary will authorize payments for validated claims
(projected), per merchandiser, of $5 per bale for the first 500,000
bales; $2.50 per bale for bales 500,001 to one million;
[[Page 51260]]
and $1.25 per bale above one million bales. Once the claim period is
closed and claims have been validated, final tier rates will be
adjusted to spend the full funds while maintaining the tier
proportions.
Claim and Certifications: AMS will send notification of the amount
certified for payment to the email address indicated on the
application. If the claimant disputes the amount of the payment or has
questions, they will have 14 days after receipt of notification of
payment calculation to contact AMS to review the claim. Any request for
reconsideration or other inquiries should be directed to <a href="/cdn-cgi/l/email-protection#da8a9b99979aafa9bebbf4bdb5ac"><span class="__cf_email__" data-cfemail="94c4d5d7d9d4e1e7f0f5baf3fbe2">[email protected]</span></a>.
If the issues are not resolved, the claimant may seek review and
issuance of a final agency decision by the National Appeals Division
pursuant to 7 U.S.C. 6991.
Congressional Review Act Requirements: USDA has determined that
this action is economically insignificant because expenditures are less
than $100 million and will not result in a major increase in cost for
consumers, industry, Federal, State, or local government agencies.
Furthermore, the beneficiaries of this rule have been significantly
impacted by the COVID-19 outbreak and disaster events, which has
resulted in significant declines in demand and supply chain
disruptions. USDA finds that notice and public procedure are contrary
to the public interest. Therefore, even though this rule could be
determined to be a major rule for purposes of the Congressional Review
Act, USDA is not required to delay the effective date for 60 days from
the date of publication to allow for Congressional review. Accordingly,
this rule is effective upon publication in the Federal Register.
Paperwork Reduction Act Requirements: In compliance with the
provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35), the
information collection request has been approved by OMB under the
control number of 0503-0028, USDA Generic Solution for Solicitation for
Funding Opportunity Announcements. AMS will collect the information
from cotton merchandisers to qualify for the payment to mitigate the
economic impacts of COVID-19 and other supply chain disruptions. PACM
is a one-time funding as described in this NOFA.
Federal Assistance Programs: The title and number of the Federal
assistance programs, as found in the Assistance Listing \1\ to which
this document applies is 10.191, Pandemic Assistance for Cotton
Merchandisers (PACM).
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\1\ 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 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.
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-aprogram-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-aprogram-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#8bc4cac8cbfef8efeaa5ece4fd"><span class="__cf_email__" data-cfemail="f8b7b9bbb88d8b9c99d69f978e">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-16492 Filed 8-2-23; 8:45 am]
BILLING CODE P
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