Notice2024-18993
Notice; Emergency Relief Program 2022 (ERP 2022)
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
August 23, 2024
Issuing agencies
Agriculture DepartmentFarm Service Agency
Abstract
The Farm Service Agency (FSA) is issuing this notice to announce the actions it is taking to comply with a preliminary injunction related to payment calculations for ERP 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 164 (Friday, August 23, 2024)</title>
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[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Notices]
[Page 68125]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18993]
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Federal Register / Vol. 89 , No. 164 / Friday, August 23, 2024 /
Notices
[[Page 68125]]
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
[Docket ID FSA-2023-0020]
Notice; Emergency Relief Program 2022 (ERP 2022)
AGENCY: Farm Service Agency, USDA.
ACTION: Notice.
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SUMMARY: The Farm Service Agency (FSA) is issuing this notice to
announce the actions it is taking to comply with a preliminary
injunction related to payment calculations for ERP 2022.
FOR FURTHER INFORMATION CONTACT: Kathy Sayers; telephone: (202) 720-
6825; email: <a href="/cdn-cgi/l/email-protection#b0dbd1c4d8c99ec3d1c9d5c2c3f0c5c3d4d19ed7dfc6"><span class="__cf_email__" data-cfemail="365d57425e4f1845574f534445764345525718515940">[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
FSA announced ERP 2022 in a notice published in the Federal
Register on October 21, 2023 (88 FR 74404-74419). The application
period for ERP 2022 began on October 31, 2023.\1\ On June 7, 2024, the
United States District Court for the Northern District of Texas,
Amarillo Division, issued a preliminary injunction in Rusty Strickland
et al. v. U.S. Dept. of Agriculture et al. (Case No. 2:24-CV-60-Z)
enjoining USDA ``from making or increasing payments, or providing any
additional relief, based on its `socially disadvantaged farmer or
rancher' designation under [ERP 2022], whether used directly or as a
subset of its `underserved farmer or rancher' designation.'' \2\
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\1\ The current deadlines to submit ERP 2022 applications and
eligibility documentation were announced on July 15, 2024. See
<a href="https://www.fsa.usda.gov/news-room/news-releases/2024/usda-announces-august-14-application-deadline-for-emergency-relief-program-assistance-for-commodity-and-specialty-crop-producers-impacted-by-2022-natural-disasters">https://www.fsa.usda.gov/news-room/news-releases/2024/usda-announces-august-14-application-deadline-for-emergency-relief-program-assistance-for-commodity-and-specialty-crop-producers-impacted-by-2022-natural-disasters</a>.
\2\ As defined in the October 21, 2023, Notice of Funds
Availability, ``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 the Deputy Administrator:
(1) American Indians or Alaskan Natives;
(2) Asians or Asian-Americans;
(3) Blacks or African Americans;
(4) Hispanics or Hispanic Americans;
(5) Native Hawaiians or other Pacific Islanders; and
(6) Women.
``Underserved farmer or rancher'' means a beginning farmer or
rancher, limited resource farmer or rancher, socially disadvantaged
farmer or rancher, or veteran farmer or rancher.
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The Notice of Funds Availability includes the following provisions
related to the payment calculations that were applicable only to
underserved farmers or ranchers:
<bullet> For Track 1, the payment calculation provides a refund of
an underserved farmer or rancher's share of the premium and fee for
crop insurance or Noninsured Crop Disaster Assistance Program coverage;
and
<bullet> For Track 2, the payment calculation provides an increase
to an underserved farmer or rancher's payment that is equal to 15
percent of the gross Track 2 payment after progressive factoring, not
to exceed the calculated Track 2 payment before progressive factoring.
Upon issuance of the preliminary injunction, and in order to comply
with the preliminary injunction, FSA took action to immediately halt
ERP 2022 payments while FSA evaluated the scope of changes that would
be required. This notice announces that FSA is resuming issuance of ERP
2022 payments; however, consistent with the preliminary injunction,
payments to socially disadvantaged farmers or ranchers will be subject
to a modified payment calculation that does not include the refund of
premiums and fees under Track 1 or the 15 percent increase under Track
2 described above. If the preliminary injunction is lifted, with
available funds, FSA will make or update payments to affected and
eligible socially disadvantaged producers consistent with the terms of
the Notice of Funds Availability.
Some ERP 2022 payments may continue to be delayed due to the need
to modify payment software to accommodate these changes, but FSA
intends to begin issuing payments again in late August to eligible
producers.
Zach Ducheneaux,
Administrator, Farm Service Agency.
[FR Doc. 2024-18993 Filed 8-22-24; 8:45 am]
BILLING CODE 3410-05-P
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