Rule2026-10930
Assistance for Specialty Crop Farmers (ASCF) Program
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
June 1, 2026
Effective
June 1, 2026
Issuing agencies
Agriculture DepartmentCommodity Credit Corporation
Abstract
The Commodity Credit Corporation (CCC) is issuing this rule to provide assistance to producers of eligible specialty crops through the Assistance for Specialty Crop Farmers (ASCF) Program. These one-time bridge payments will help address elevated input costs incurred by producers and market disruptions stemming from foreign competitors engaging in unfair trade practices that impede specialty crop exports.
Full Text
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<title>Federal Register, Volume 91 Issue 104 (Monday, June 1, 2026)</title>
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[Federal Register Volume 91, Number 104 (Monday, June 1, 2026)]
[Rules and Regulations]
[Pages 32307-32314]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10930]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 91, No. 104 / Monday, June 1, 2026 / Rules
and Regulations
[[Page 32307]]
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1414
[Docket ID FSA-2026-0166]
RIN 0560-AI88
Assistance for Specialty Crop Farmers (ASCF) Program
AGENCY: Commodity Credit Corporation, U.S. Department of Agriculture
(USDA).
ACTION: Final rule.
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SUMMARY: The Commodity Credit Corporation (CCC) is issuing this rule to
provide assistance to producers of eligible specialty crops through the
Assistance for Specialty Crop Farmers (ASCF) Program. These one-time
bridge payments will help address elevated input costs incurred by
producers and market disruptions stemming from foreign competitors
engaging in unfair trade practices that impede specialty crop exports.
DATES: This rule is effective on June 1, 2026.
FOR FURTHER INFORMATION CONTACT: Michael Walter; telephone: (816) 491-
6934; or email: <a href="/cdn-cgi/l/email-protection#4e03272d262f2b2260192f223a2b3c7f0e3b3d2a2f60292138"><span class="__cf_email__" data-cfemail="cd80a4aea5aca8a1e39aaca1b9a8bffc8db8bea9ace3aaa2bb">[email protected]</span></a>. Individuals with disabilities
who require alternative means for communication should contact the USDA
Target Center at (202) 720-2600 (voice and text telephone (TTY mode))
or dial 711 for Telecommunications Relay Service (both voice and text
telephone users can initiate this call from any telephone).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Eligible Specialty Crops and Payment Rates
III. Eligible Acres
IV. How To Apply
V. Payments
VI. Payment Limitation and Payment Eligibility
VII. Regulatory Analyses
A. Notice and Comment and Effective Date
B. Executive Orders 12866, 13563, and 14192
C. Cost Benefit Analysis Summary
D. Environmental Review
E. Executive Order 13175
F. Unfunded Mandates Reform Act
G. Paperwork Reduction Act Requirements
H. E-Government Act Compliance
I. Background
Section 5(b) of the CCC Charter Act provides that CCC may use its
funds to ``(m)ake available materials and facilities required in
connection with the production and marketing of agricultural
commodities (other than tobacco).'' Under this authority, CCC will make
approximately $1.625 billion in assistance available for specialty
crops through the ASCF Program, which will be administered by the Farm
Service Agency (FSA). These one-time bridge payments will help address
elevated input costs incurred by producers and pressure from weak
prices, persistent inflation, tight credit markets, and ongoing trade-
related uncertainty heading into the 2026 crop year. To be eligible for
the ASCF Program, producers must:
<bullet> Have planted eligible specialty crops for crop year 2025;
<bullet> Have timely filed a crop acreage report for those crops
with FSA by April 24, 2026; and
<bullet> Comply with other requirements specified in this rule.
Eligible producers are producers of designated specialty crops,
which include eligible fruits, tree nuts, and vegetables as described
below. These producers play a crucial role in providing real food that
supports healthy families and communities, and they are an essential
component of the Make America Healthy Again policy agenda. If producers
of these specialty crops are not economically able to continue their
operations, American families may see a decrease in the domestic
production of wholesome and nutritious fruits and vegetables they rely
on to feed their families. Fruits and vegetables are essential to real
food nutrition, and randomized controlled trials in generally healthy
and at-risk adults show that increasing intake of vegetables and whole
fruits improves blood pressure, microvascular function, and
cardiometabolic risk markers, while increasing circulating antioxidants
and decreasing inflammatory markers.\1\ Tree nuts provide nutrients
including protein, fiber, folate, magnesium, and phytonutrients.\2\
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\1\ USDA, The Scientific Foundation for the Dietary Guidelines
for Americans, 2025-2030, p. 20, available at <a href="https://cdn.realfood.gov/Scientific%20Report_508.pdf">https://cdn.realfood.gov/Scientific%20Report_508.pdf</a>.
\2\ Id. at 38.
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The ASCF Program is designed to provide financial support to allow
specialty crop producers to pay for production and marketing inputs in
the face of significant market disruptions during the 2025 growing
season. The increasing cost of production driven by high labor costs
and the increasing cost of manufactured inputs over the last 5 years
eroded margins during the 2025 crop year.
II. Eligible Specialty Crops and Payment Rates
One of the key challenges in providing risk management for
specialty crops is a lack of comprehensive data on cost of production--
a challenge that is intrinsic to accurately calculating losses for the
ASCF Program. Increases in the cost of production for the industry (for
example, costs for labor, fertilizer, and fuel) suggest similar
pressures on profitability; therefore, national average revenue per
crop was used as a metric for development of ASCF Program payment
groups and payment rates.
Eligible specialty crops are listed in Table 1. CCC has established
three payment groups based on the average annual revenue per acre for
specialty crops explicitly listed under the USDA Specialty Crop
Definition, Appendix A (plants commonly considered fruits and tree
nuts) and Appendix B (plants commonly considered vegetables) \3\ and
crops that are conventionally recognized as a subcategory of crops
listed under, Appendices A and B, excluding beans and peas described
below. The first payment group, Tier 1, has a payment rate of $650 per
acre and includes eligible specialty crops with an average annual
revenue in excess of $10,000 per acre. The second payment group, Tier
2, has a payment rate of $225 per acre and includes eligible specialty
crops with an average annual revenue in excess of $2,300 per acre and
up to $10,000 per acre. The third payment group, Tier 3,
[[Page 32308]]
has a payment rate of $65 per acre and includes eligible specialty
crops with an average annual revenue of up to $2,300 per acre.
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\3\ USDA Definition of Specialty Crops, Appendix A and B,
available at <a href="https://www.ams.usda.gov/sites/default/files/media/USDASpecialtyCropDefinition.pdf">https://www.ams.usda.gov/sites/default/files/media/USDASpecialtyCropDefinition.pdf</a>.
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Revenue per acre was calculated by multiplying a specialty crop's
national average yield by its average price per unit. The national
average yield was established for crops using the 2024 national average
yield from the National Agricultural Statistics Service (NASS) as a
primary source and university Extension budgets as a secondary source.
The price per unit was established primarily with NASS or Agricultural
Marketing Service (AMS) data for each crop. If price data for a crop
was not available through NASS or AMS, AMS economists estimated the
national average price per unit using a variety of publicly available
data sources including recent university Extension budgets and industry
reporting.
A fourth payment group with a payment rate of $25 per acre was
established for all types of beans and peas (see Table 1). Though AMS
identifies certain beans and peas as specialty crops and they may not
qualify for the Agricultural Risk Coverage (ARC) and Price Loss
Coverage (PLC) programs, their costs of production and revenue are
closer to bean and pea varieties that do fall under these farm safety
net programs and the Farmer Bridge Assistance (FBA) Program.\4\
Therefore, CCC has established the fourth payment group, Beans and
Peas, to maintain equity among the different bean and pea types. Bean
and pea types that were eligible for the FBA Program are not eligible
for the ASCF Program.
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\4\ See 7 CFR part 1414, subpart A, and the FBA Program final
rule published on February 23, 2026 (91 FR 8360).
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Eligible specialty crops include only the crops listed in Table 1
below, with the associated payment rate per acre for each payment
group. Eligible beans, caneberries, melons, peas, and sweet corn
include only the types identified in the definitions for those crops in
Sec. 1414.103. Eligible beets do not include sugar beets, which are
excluded from the USDA definition of specialty crops. Grapes are
categorized as fresh or processed based on the intended use reported on
FSA-578.
Table 1--Eligible Specialty Crops and Payment Rate per Acre by Payment Group
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Payment rate
Payment group Eligible specialty crops per acre
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Tier 1................................... Aronia (chokeberry), artichokes, blueberries $650
(highbush), breadfruit, Brussels sprouts, cabbage
(choy sum, napa), cacao, caneberries, carrots,
cauliflower, celery, cherimoya, cherries (sweet),
chestnuts, chives (abuchoo/garlic, chives),
coconuts, currants, dates, figs, garlic,
gooseberries, grapes (fresh), greens (Asian, Chinese
spinach/amaranth, cressie, dandelions, escarole,
flowering kale, Hanover, hybrid mustard, orach,
perilla/shiso, Japanese basil, rape/rapini/Chinese
broccoli, Shanghai bok choy, shum choy, sorrell, suk
gat, toc choy, yu choy, curly endive, frizee/Belgian
endive, arugula, leaf spinach, vine spinach, water
spinach), guava, horseradish, kiwiberry, kiwifruit,
kohlrabi, kumquat, leeks, lemons, lettuce, limes,
lychee, mangos, mushrooms, nectarines, okra, olives,
onions, papaya, parsnip, passion fruits, peaches
(freestone, semi-freestone cling), peppers (green
bell, yellow), persimmons, pineapple, plums,
pomegranates, quinces, rhubarb, rutabaga, salsify,
shallots, strawberries, turnips.
Tier 2................................... Almond, apple, apricot, asparagus, avocados, bananas, 225
beets, blueberries (low bush, rabbiteye),
broccoflower, broccoli, broccolini, broccolo-cavalo,
cabbage (hybrid, open pollinated, red, savoy),
celeriac, cherries (tart), Chinese bitter melon,
citron, coffee, cranberries, cucumbers, dasheen,
eggplant, grapefruit, grapes (processed), greens
(collard, common kale, Chinese mustard, mizuna/
Japanese mustard, open pollinated mustard, turnip,
Swiss chard (green, red)), macadamia nuts, mandarins/
tangerines, melons, melongene, orangelo/Spanish
chironja, oranges, parsley, peaches (cling), pears,
peppers (Anaheim, banana, cayenne, chilaca,
cubanelle, fingerhots, Fresno, gourmet mini, green
chili, habanero, hot cherry, Hungarian hot wax,
Italian, jalapeno, long johns, mini, oriental red,
oriental sweet, paprika, pepino, pimento, poblano,
red chili, scratch bonnet, serrano, sport, sweet
cherry, tobasco), pistachios, plantain, potatoes,
prunes, pummelo, pumpkins, radishes, raisins,
squash, sweet potatoes, tangelos, tangors, tangos,
taro, tomatillos, tomatoes, walnuts.
Tier 3................................... Cashew, cherries (chockcherry, Jamaica), sweet corn, 65
hazelnuts, pecans.
Beans and Peas........................... Beans, peas.......................................... 25
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As provided in Sec. 1414.105(b), CCC may announce additional
eligible specialty crops after publication of this rule if CCC
determines that producers suffered decreased returns resulting from the
market challenges described in section I. Any additional eligible crops
will be announced on the ASCF Program web page at <a href="https://www.fsa.usda.gov/ascf">https://www.fsa.usda.gov/ascf</a>.
III. Eligible Acres
Acres of eligible specialty crops reported to FSA as an initial,
double-crop, repeat crop, or subsequent crop by April 24, 2026, will be
used to determine ASCF Program payments. Acreage that is reported as a
cover crop, prevented planted, or with an intended use of grazing, left
standing, green manure, silage, forage, volunteer, or experimental will
not be used to determine ASCF program payments.
For fruit and nuts acres, both bearing and non-bearing acreage are
eligible for payment. Elevated input costs disproportionately affect
non-bearing acres of fruit and nut trees and bushes, as specialty crop
producers must continue to incur substantial expenses for irrigation,
nutrient management, pest and disease control, labor, pruning, and a
higher rate of maintenance especially during periods when the non-
bearing acres generate no marketable yield or revenue. Therefore, while
non-bearing acreage has been ineligible for other programs, such as the
Market Facilitation Program, and may not be eligible for future
programs based on crop production, the high input costs faced by fruit
and nut producers on non-bearing acreage warrants non-bearing acreage
to be eligible in this one-time program.
Acres of eligible specialty crops that are grown in a controlled
environment will not be used to determine ASCF payments with the
exception of mushrooms.\5\ For ASCF Program purposes, ``controlled
environment'' is
[[Page 32309]]
defined in Sec. 1414.103 as the use of structures that allow for the
manipulation of various environmental factors instead of relying on
nature for any period of time during the growing season. This
manipulation can be either partially or fully controlled to optimize
plant growth, improve consistency, grow without soil, extend the
growing period, or to reduce risks from weather, pests, and disease.
Examples of such factors are control over temperature, humidity, light
levels, nutrient levels, and atmospheric composition such as carbon
dioxide concentration. The term ``controlled environment'' also
excludes the use of structures to produce seedlings prior to being
planted for production purposes.
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\5\ Mushrooms are excluded from the restriction on acreage of
specialty crops grown in a controlled environment because the use of
a controlled environment is necessary for the production of that
crop, rather than an approach chosen by some producers to provide
benefits such as risk mitigation.
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Acres of crops grown in a controlled environment are excluded from
the ASCF Program because producing crops in a controlled environment
can extend the growing season compared to field-grown crops, which
mitigates market risk for the producer. A controlled environment allows
specialty crop growers to optimize high-quality, marketable production,
allowing growers to sustain existing markets while exploring
alternative markets. Examples of controlled environments include, but
are not limited to, greenhouses; high and low tunnels; hoop houses;
indoor vertical farms; growth chambers; and hydroponic, aquaponic, and
aeroponic systems. Practices that allow some control over factors such
as temperature but do not use structures, such as the use of plastic
film to increase soil temperature for germination or weed control, are
not considered controlled environments.
Producers must enter the acres of any eligible specialty crops that
were grown under conditions that meet the definition of controlled
environment on their ASCF Program application so that those acres can
be excluded from the producer's eligible acres when calculating a
payment.
IV. How To Apply
FSA will prepare a CCC-556, Assistance for Specialty Crop Farmers
(ASCF) Program Application, for each eligible producer using the
acreage timely reported for each eligible specialty crop in all states
and counties. FSA will use the persons identified as producers on FSA-
578, Report of Acreage, and the respective percentages of interest in
the eligible specialty crop. Potential program participants will obtain
their pre-filled CCC-556 from FSA through the electronic portal, which
can be accessed through the ASCF Program web page at <a href="https://www.fsa.usda.gov/ascf">https://www.fsa.usda.gov/ascf</a>, or by contacting any local FSA county office.
The application period begins on June 1, 2026, for producers applying
through the electronic portal, and June 8, 2026, for all other
producers. Persons who believe that their interest in an eligible
specialty crop is not accurately reflected in current FSA records must
contact FSA to provide any information that the person believes is
relevant to correcting this information. Form CCC-556 must be returned
to FSA by August 7, 2026.
Producers must also submit the following eligibility forms to FSA
by August 9, 2027, if not already on file with FSA for the 2025 program
year:
<bullet> CCC-901, Member Information for Legal Entities, if
applicable;
<bullet> CCC-902, Farm Operating Plan;
<bullet> CCC-941, Average Adjusted Gross Income (AGI) Certification
and Consent to Disclosure of Tax Information, for individuals, legal
entities, and members of legal entities, excluding joint ventures and
general partnerships; and
<bullet> AD-1026 Highly Erodible Land Conservation (HELC) and
Wetland Conservation (WC) Certification, for the producer and
affiliated persons, as specified in 7 CFR 12.8.
Producers who file the required eligibility forms after the
deadline will not receive an ASCF Program payment.
Participants are not required to purchase crop insurance or
Noninsured Crop Disaster Assistance Program (NAP) coverage to be
eligible for the ASCF Program; however, USDA strongly urges producers
to take advantage of the new One Big Beautiful Bill Act risk management
tools to best protect against price risk and volatility in the future.
V. Payments
A producer's ASCF Program payment will be equal to the payment rate
for an eligible specialty crop multiplied by the producer's eligible
acres of that crop. CCC will issue payments as applications are
approved. CCC intends to issue ASCF Program payments to eligible
producers beginning in June 2026.
VI. Payment Limitation and Payment Eligibility
The total amount of ASCF Program payments received, directly or
indirectly, by a person or legal entity (except a joint venture or
general partnership) may not exceed $250,000. The total amount of ASCF
payments received, directly or indirectly, by a public school may not
exceed $250,000 per public school. Total payments to all public schools
within a State where the State population exceeds 1,500,000, according
to the most recent U.S. Census Bureau estimate, cannot exceed $500,000.
In addition, a person or legal entity, other than a joint venture or
general partnership, is ineligible for ASCF Program payments, directly
or indirectly, if the person's or legal entity's average adjusted gross
income (AGI), using the average of the adjusted gross incomes for the
2021, 2022, and 2023 tax years, exceeds $900,000.
FSA will administer the payment limitation, payment eligibility,
and average AGI limitation according to the regulations set forth at 7
CFR part 1400 as in effect for program year 2025 on June 1, 2026,
except that the actively engaged provisions (Subparts C and G) and
foreign person eligibility provisions (Subpart E), do not apply to the
ASCF Program.
VII. Regulatory Analyses
A. Notice and Comment and Effective Date
The Administrative Procedure Act (APA, 5 U.S.C. 553(a)(2)) provides
that the notice and comment requirements and 30-day delay in the
effective date provisions of that Act do not apply when the rule
involves specified actions, including matters relating to loans,
grants, benefits, and contracts. This rule falls within this exemption.
This rule is exempt from the regulatory analysis requirements of
the Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
because it involves matters relating to benefits. The requirements for
the regulatory flexibility analysis in 5 U.S.C. 603 and 604 are
specifically tied to the requirement for a proposed rule by section 553
or any other law; in addition, the definition of ``rule'' in 5 U.S.C.
601 is tied to the publication of a proposed rule.
The Office of Management and Budget (OMB) found this rule meets the
criteria in 5 U.S.C. 804(2) of the Congressional Review Act (CRA),
which would ordinarily necessitate delaying its effective date for 60
days (5 U.S.C. 801(a)(3)(A)). However, the CRA, at 5 U.S.C. 808(2),
allows an agency to make such regulations effective immediately if the
agency finds there is good cause to do so. CCC has determined that such
good cause exists here as benefits made by this rule are critical to
the financial stability of producers who participate in this program
and this assistance is necessary to help those producers sustain their
normal business operations. CCC further believes that good cause exists
because notice and comment is not legally required, and thus
unnecessary, for this action as described above. Therefore, CCC is not
[[Page 32310]]
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.
B. Executive Orders 12866, 13563, and 14192
Executive Order 12866, ``Regulatory Planning and Review,'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review,''
direct agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). Executive Order 13563 emphasized the importance
of quantifying both costs and benefits, of reducing costs, of
harmonizing rules, and of promoting flexibility. Executive Order 14192,
``Unleashing Prosperity Through Deregulation,'' announced the
Administration policy to significantly reduce the private expenditures
required to comply with Federal regulations to secure America's
economic prosperity and national security and the highest possible
quality of life for each citizen and to alleviate unnecessary
regulatory burdens placed on the American people. In line with the
Executive Order requirements, CCC will use existing information
available to CCC to maximize benefits and minimize burden on American
producers. This rule is not an Executive Order 14192 regulatory action
because it does not impose any more than de minimis regulatory costs.
The Office of Management and Budget (OMB) designated this rule as
economically significant under Executive Order 12866, section 3(f)(1),
and therefore, OMB has reviewed this rule. The costs and benefits of
this rule are summarized below. The Cost Benefit Analysis is available
on <a href="http://regulations.gov">regulations.gov</a>.
C. Cost Benefit Analysis Summary
CCC will make $1.625 billion available in one-time bridge payments
to U.S. farmers through the ASCF Program in response to temporary
market disruptions and increased production costs. The ASCF Program
provides broad relief to U.S. farmers who produce specialty crops that
are recognized directly by AMS Specialty Crop definition, Appendices A
and B, as fruits, tree nuts, or vegetables or types of fruits, tree
nuts, or vegetables. Crops included in Appendices A or B that are
eligible for the FBA Program are not eligible for the ASCF Program. The
final cost will depend on the number of applications that are submitted
and approved.
D. 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) and the USDA regulation for compliance with
NEPA (7 CFR part 1b).
There are no actions under this rule that have the potential to
impact the human environment. Accordingly, the actions under this rule
are covered by the FSA Categorical Exclusions specified in 7 CFR
1b.4(c)(16)(viii) that apply 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 7 CFR
1b.(c)(16)(ix) that applies to safety net programs.
No Extraordinary Circumstances (Sec. 1b.3(f)) exist because this
is an administrative payment program. The ASCF Program does not
constitute a major Federal action that would significantly affect the
quality of the human environment, individually or cumulatively.
Therefore, CCC will not prepare an environmental assessment or
environmental impact statement for this action and, consistent with
Sec. 1b.3(g), this document serves as the programmatic finding of
applicability and no extraordinary circumstance (FANEC) for this
Federal action.
E. Executive Order 13175
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments.'' Executive Order 13175 requires Federal agencies
to consult and coordinate with Tribes on a Government-to-Government
basis on policies that have Tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on one or
more Indian Tribes, on the relationship between the Federal Government
and Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
CCC has assessed the impact of this rule on Indian Tribes and
determined that this rule does not, to our knowledge, have Tribal
implications that require Tribal consultation at this time. If a Tribe
requests consultation in the future, FSA will work with the Office of
Tribal Relations to ensure meaningful consultation is provided.
F. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L.
104-4) requires Federal agencies to assess the effects of their
regulatory actions on State, local, and Tribal governments or the
private sector. Agencies generally must prepare a written statement,
including cost benefit analysis, for proposed and final rules with
Federal mandates that may result in expenditures of $100 million or
more in any 1 year for State, local or Tribal governments, in the
aggregate, or to the private sector. UMRA generally requires agencies
to consider alternatives and adopt the more cost effective or least
burdensome alternative that achieves the objectives of the rule. This
rule contains no Federal mandates, as defined in Title II of UMRA, for
State, local and Tribal governments or the private sector. Therefore,
this rule is not subject to the requirements of sections 202 and 205 of
UMRA.
G. Paperwork Reduction Act Requirements
The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR
part 1320), requires that OMB approve all collections of information by
a Federal agency from the public before they can be implemented.
Respondents are not required to respond to any collection of
information unless it displays a current valid OMB control number. The
USDA intends to use the OMB approved information collection under the
control number of 0503-0028; Expiration Date: 10/31/2027 for the
purposes of this regulation.
FSA will issue payments to producers using the following forms:
CCC-556, CCC-901, CCC-902E, CCC-902I, CCC-941, and AD-1026. The AD-1026
is exempt as specified in the Agricultural Act of 2014 (Pub. L. 113-79,
Title II, Subtitle G, Funding and Administration). The CCC-556 is the
only new data collection activity associated with this request. The
total annual burden hours for this information collection are 30,320
hours. See table below for the breakout. This final rule is a one-time
announcement of Federal financial assistance funding for the ASCF
Program.
For Further Information Contact: Requests for additional
information or copies of this information collection should be directed
to Michael Walter; telephone: (816) 491-6934 ; or email:
<a href="/cdn-cgi/l/email-protection#bef3d7ddd6dfdbd290e9dfd2cadbcc8ffecbcddadf90d9d1c8"><span class="__cf_email__" data-cfemail="4d00242e252c2821631a2c2139283f7c0d383e292c632a223b">[email protected]</span></a>.
Title: Assistance for Specialty Crop Farmers (ASCF) Program.
Form Numbers: CCC-556, CCC-901, CCC-902E, CCC-902I, CCC-941, and
AD-1026.
[[Page 32311]]
OMB Number: 0503-0028.
Expiration Date: 10/31/2027.
Type of Request: Information Collection.
Abstract: As authorized by Section 5(b) of the CCC Charter Act (15
U.S.C. 714c(b)), CCC is administering the ASCF Program to provide up to
$1.625 billion in one-time payments to producers of eligible specialty
crops in response to elevated input costs and market losses resulting
from foreign competitors engaging in unfair trade practices that impede
exports.
To apply for the ASCF Program, producers must execute a CCC-556,
which will be pre-filled with the producer's reported planted acreage
for the 2025 crop year. Producers will use one application for all
eligible specialty crop acreage nationwide. Producers must also submit
the following eligibility forms if not already on file with FSA due to
participation in other programs: CCC-901, Member Information for Legal
Entities, if applicable; CCC-902, Farm Operating Plan, for an
individual or legal entity as provided in 7 CFR part 1400; CCC-941,
Average Adjusted Gross Income (AGI) Certification and Consent to
Disclosure of Tax Information, for individuals, legal entities, and
members of legal entities, excluding joint ventures and general
partnerships; and AD-1026, Highly Erodible Land Conservation (HELC) and
Wetland Conservation (WC) Certification, for the participant and
applicable affiliates.
Affected Public: Farms or businesses for profit (Agricultural
producers).
Estimated Number of Respondents: 60,000.
Estimated Number of Responses per Respondent: 1.79333333.
Estimated Number of Total Annual Responses: 107,600.
Estimated Time per Respondent: 0.28178439 hours.
Estimated Total Annual Burden on Respondents: 30,320 burden hours.
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Number of Total Total
Burden activity or form Number of responses per annual Hours per hours per
respondents respondent responses response year
----------------------------------------------------------------------------------------------------------------
CCC-556, Assistance for Specialty Crop 60,000 1 60,000 0.1670 10,020
Farmers (ASCF) Program Application........
CCC-901, Member Information for an Entity.. 600 1 600 0.5 300
CCC-902E, Farm Operating Plan for an Entity 10,000 1 10,000 0.5 5,000
CCC-902I, Farm Operating Plan for an 10,000 1 10,000 0.5 5,000
Individual................................
CCC-941, Average Adjusted Gross Income 20,000 1 20,000 0.5 10,000
(AGI) Certification and Consent to
Disclosure of Tax Information.............
AD-1026, Highly Erodible Land Conservation 7,000 1 7,000 0.0835 EXEMPT
(HELC) and Wetland Conservation (WC)
Certification.............................
--------------------------------------------------------------------
Total Estimates........................ 60,000 1.79333333 107,600 0.28178439 30,320
----------------------------------------------------------------------------------------------------------------
There are an estimated 60,000 respondents anticipated for this data
collection. The total estimated ``Number of Respondents'' is not a sum
of respondents for all burden activities and forms. It represents the
same respondents submitting responses related to different activities
for this data collection; therefore, these respondents are not double
counted.
H. E-Government Act Compliance
CCC is committed to complying with the E-Government Act of 2002, to
promote the use of the internet and other information technologies to
provide increased opportunities for citizen access to Government
information and services, and for other purposes.
Federal Assistance Programs
The title and number of the Federal assistance program, as found in
the Assistance Listing, to which this document applies are 10.991--
Assistance for Specialty Crop Farmers (ASCF).
List of Subjects in 7 CFR Part 1414
Agricultural commodities, Cotton, Feed grains, Fruits, Nuts,
Oilseeds, Peanuts, Reporting and recordkeeping requirements, Rice,
Vegetables, Wheat.
For the reasons discussed above, Commodity Credit Corporation
amends 7 CFR chapter XIV as follows:
PART 1414--BRIDGE ASSISTANCE
0
1. The authority for part 1414 continues to read as follows.
Authority: 15 U.S.C. 714, et seq.
0
2. Add subpart B to read as follows.
Subpart B--Assistance for Specialty Crop Farmers Program
Sec.
1414.101 Applicability.
1414.102 Administration.
1414.103 Definitions.
1414.104 Eligible producer.
1414.105 Eligible specialty crops and payment rates.
1414.106 Eligible acres.
1414.107 Time and method of application.
1414.108 Payment calculation.
1414.109 Payment eligibility and limitation.
1414.110 General provisions.
Subpart B--Assistance for Specialty Crop Farmers Program
Sec. 1414.101 Applicability.
The regulations in this subpart are applicable to producers
participating in the Assistance for Specialty Crop Farmers (ASCF)
Program. Producers who participate in the ASCF Program will receive
payments from the Commodity Credit Corporation (CCC) to assist them in
the production and marketing of agricultural commodities. Payments will
be based on 2025 planted and timely reported acreage of eligible
specialty crops and on payment rates determined by CCC.
Sec. 1414.102 Administration.
(a) The regulations in this subpart will be administered under the
general supervision and direction of the Executive Vice President, CCC.
In the field, the regulations in this subpart will be administered by
the Farm Service Agency (FSA) State and county committees (referred to
as ``State committee'' and ``county committee,'' respectively).
(b) State executive directors, county executive directors, and
State and county committees do not have authority to modify or waive
any of the provisions of this subpart.
(c) The State committee may take any action authorized or required
by this subpart to be taken by the county committee that has not been
taken by the county committee. The State committee may also:
(1) Correct or require a county committee to correct any action
taken by the county committee that is not in accordance with this
subpart; or
[[Page 32312]]
(2) Require a county committee to withhold taking any action that
is not in accordance with this subpart.
(d) No delegation in this subpart to a State or county committee
precludes the Executive Vice President, CCC or a designee, from
determining any question arising under this subpart or from reversing
or modifying any determination made by a State or county committee.
Sec. 1414.103 Definitions.
The definitions in this section are applicable for all purposes of
administering this subpart. The terms defined in 7 CFR parts 718 and
1400 are also applicable, except where those definitions conflict with
the definitions specified in this section. Where there is a conflict or
a difference in definitions specified in this subpart and 7 CFR parts
718 and 1400, the regulations in this subpart will apply.
CCC-556 means Form CCC-556, Assistance for Specialty Crop Farmers
(ASCF) Program Application.
Beans means only the following types of beans: Adzuki, Anasazi,
baby lima, black turtle, butter, Canario, Chinese string, cranberry,
dark red kidney, fava, flat small white, green garbanzo chickpeas,
great northern, green, green baby French (petite), Jacob's cattle,
Kentucky blue, kintoki, lablab (hyacinth), large lima, light red
kidney, long, lupine, marrow, mayocoba, myothe, mung, October, papadi
valor, pea, pink, pinto, pole, pole columbus, roma, shelli, small red,
small white navy, snap wax, soldier, sulfur, tebo, tiger eye kidney,
velvet, white adzuki, white half runner, white kidney, wing, yardlong,
and yellow eye.
Caneberries means only the following types of caneberries: Apache,
Arapaho, black raspberries, blackberries, boysenberries,
cascadeberries, Chester blackberries, Chickasaw, Doyle blackberries,
Estrella/yellow, evergreen blackberries, Kiowa/Ouachita, Kotata
blackberries, loganberries, Maravilla, marionberries, Natchez, Navaho,
olallieberries, Osage, Prime Ark 45, Prime-Jan, Prime-Jim, red
raspberries, tayberries, and triple crown blackberries.
Controlled environment means the use of structures that allow for
the manipulation of various environmental factors instead of relying on
nature for any period of time during the growing season. This
manipulation can be either partially or fully controlled to optimize
plant growth, improve consistency, grow without soil, extend the
growing period, or to reduce risks from weather, pests, and disease.
Examples of such factors are control over temperature, humidity, light
levels, nutrient levels, and atmospheric composition such as
CO<INF>2</INF> concentration. The term ``controlled environment''
excludes the use of structures to produce seedlings prior to planting
for production purposes.
Crop year means:
(1) For crops other than mushrooms, the calendar year in which a
specialty crop, or the majority of a specialty crop, was intended for
harvest; and
(2) For mushrooms, October 1 through September 30.
Determined acres means that acreage established by an FSA
representative by using official acreage, digitizing areas on a
photograph or other imagery, or computations from scaled dimensions or
ground measurements.
Eligible producer means a producer of an eligible specialty crop
who timely filed Form FSA-578 with FSA and who complies with all
provisions of this subpart.
FSA-578 means Form FSA-578, Report of Crop Acreage.
Melons means only the following types of melons: canary,
cantaloupe, Crenshaw, honeydew, Israel, kiwano (horned), Korean golden,
and watermelon.
Peas means only the following types of peas: arvika/4010, black
eye, butter, caley, China, cow, cream, crowder, English or garden,
flat, marrowfat, mini, partridge, pigeon, pink eyed, purple hull,
rondo, snap, snow, southern acre, speckled or colored, sugar, and
Umatilla.
Sweet corn means only the following types of corn: sweet bicolor,
sweet white, sweet yellow/golden early, and sweet yellow/golden late.
Sec. 1414.104 Eligible producer.
(a)(1) To be eligible for payment under this subpart, a producer
must have timely filed an FSA-578 with FSA for their acreage of each
eligible specialty crop for which a payment under this subpart is
requested.
(2) Federal agencies are not eligible to participate in the ASCF
Program.
(b) An eligible producer is a:
(1) Citizen of the United States;
(2) Resident alien, which for purposes of the ASCF Program, means
``lawful alien'' as defined in 7 CFR part 1400;
(3) Partnership organized under State law consisting solely of
citizens of the United States or resident aliens;
(4) Corporation, limited liability company, or other organizational
structure organized under State law consisting solely of citizens of
the United States 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).
(c)(1) A State, political subdivision, or agency thereof, is
eligible for a payment under this subpart if:
(i) The land for which payments are received is owned by the State,
political subdivision, or agency thereof; and
(ii) The payments are used solely for the support of public
schools.
(2) The total of payments to the State, political subdivision, or
agency thereof cannot exceed $500,000 annually, except for States with
a population less than 1,500,000, as established by the most recent
U.S. Census Bureau annual estimate of the State's resident population.
This limitation is in addition to the limitation per person or legal
entity described in Sec. 1414.9. States with a population of less than
1,500,000 are subject to the regular per person or entity limit in
Sec. 1414.9.
(d) To be eligible for assistance under this subpart, a producer
must be in compliance with the provisions of 7 CFR part 12 and the
provisions of 7 CFR 718.6, which address ineligibility for benefits for
offenses involving controlled substances.
(e) 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 are 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 considered to be the
production of the person or estate represented by the receiver,
executor, administrator, guardian, or trustee.
Sec. 1414.105 Eligible specialty crops and payment rates.
(a) Table 1 lists the payment groups, eligible specialty crops, and
payment rates for the ASCF Program.
[[Page 32313]]
Table 1 to Paragraph (a)--ASCF Program Payment Groups, Eligible Specialty Crops, and Payment Rates
----------------------------------------------------------------------------------------------------------------
Payment rate
Payment group Eligible commodity per acre
----------------------------------------------------------------------------------------------------------------
Tier 1................................... Aronia (chokeberry), artichokes, blueberries $650
(highbush), breadfruit, Brussels sprouts, cabbage
(choy sum, napa), cacao, caneberries, carrots,
cauliflower, celery, cherimoya, cherries (sweet),
chestnuts, chives (abuchoo/garlic, chives),
coconuts, currants, dates, figs, garlic,
gooseberries, grapes (fresh), greens (Asian, Chinese
spinach/amaranth, cressie, dandelions, escarole,
flowering kale, Hanover, hybrid mustard, orach,
perilla/shiso, Japanese basil, rape/rapini/Chinese
broccoli, Shanghai bok choy, shum choy, sorrell, suk
gat, toc choy, yu choy, curly endive, frizee/Belgian
endive, arugula, leaf spinach, vine spinach, water
spinach), guava, horseradish, kiwiberry, kiwifruit,
kohlrabi, kumquat, leeks, lemons, lettuce, limes,
lychee, mangos, mushrooms, nectarines, okra, olives,
onions, papaya, parsnip, passion fruits, peaches
(freestone, semi-freestone cling), peppers (green
bell, yellow), persimmons, pineapple, plums,
pomegranates, quinces, rhubarb, rutabaga, salsify,
shallots, strawberries, turnips.
Tier 2................................... Almond, apple, apricot, asparagus, avocados, bananas, 225
beets, blueberries (low bush, rabbiteye),
broccoflower, broccoli, broccolini, broccolo-cavalo,
cabbage (hybrid, open pollinated, red, savoy),
celeriac, cherries (tart), Chinese bitter melon,
citron, coffee, cranberries, cucumbers, dasheen,
eggplant, grapefruit, grapes (processed), greens
(collard, common kale, Chinese mustard,mizuna/
Japanese mustard, open pollinated mustard,
turnip,Swiss chard (green, red)), macadamia nuts,
mandarins/tangerines, melons, melongene, orangelo/
Spanish chironja, oranges, parsley, peaches (cling),
pears, peppers (Anaheim, banana, cayenne, chilaca,
cubanelle, fingerhots, Fresno, gourmet mini, green
chili, habanero, hot cherry, Hungarian hot wax,
Italian, jalapeno, long johns, mini, oriental red,
oriental sweet, paprika, pepino, pimento, poblano,
red chili, scratch bonnet, serrano, sport, sweet
cherry, tobasco), pistachios, plantain, potatoes,
prunes, pummelo, pumpkins, radishes, raisins,
squash, sweet potatoes, tangelos, tangors, tangos,
taro, tomatillos, tomatoes, walnuts.
Tier 3................................... Cashew, cherries (chockcherry, Jamaica), sweet corn, 65
hazelnuts, pecans.
Beans and Peas........................... Beans, peas.......................................... 25
----------------------------------------------------------------------------------------------------------------
(b) Eligible beets do not include sugar beets, which are not
considered a specialty crop and are ineligible for the ASCF Program.
(c) Grapes are categorized as fresh or processed based on the
intended use reported by the producer on FSA-578.
(d) CCC may announce additional eligible specialty crops if CCC
determines that producers suffered decreased returns resulting from the
market challenges considered when determining the eligibility of the
specialty crops listed in paragraph (a) of this section. CCC will
announce the eligibility of any additional eligible specialty crops on
the ASCF web page at <a href="https://www.fsa.usda.gov/ascf">https://www.fsa.usda.gov/ascf</a>.
Sec. 1414.106 Eligible acres.
(a) Eligible acres under this subpart include 2025 crop year acres
planted in the United States to an eligible specialty crop, excluding
acreage reported as a cover crop, prevented planted, or with an
intended use of grazing, left standing, green manure, silage, forage,
volunteer, or experimental. To be eligible for payment under this
subpart, producers must have reported the acreage planted to these
crops to FSA on FSA-578 by April 24, 2026.
(b) ASCF Program payments will be based on timely reported acres.
If reported acres have determined acres present, determined acres will
be used.
(c) In situations where a producer planted both an initial crop and
a subsequent crop on the same acreage for the 2025 crop year, both the
initial crop and the subsequent crop will be eligible for the ASCF
Program if they were eligible specialty crops.
(d) If a producer has repeated plantings of an eligible specialty
crop on the same acreage during the 2025 crop year, all plantings of
that crop are eligible for payment under this subpart.
(e) Acres grown in a controlled environment, excluding acreage of
mushrooms, are not eligible for payment under this subpart.
Sec. 1414.107 Time and method of application.
(a) Producers must obtain their pre-filled CCC-556 from FSA and
submit this form to any FSA county office by August 7, 2026. Applicants
will submit one application that includes all eligible acreage in all
counties nationwide.
(b) The date to apply for payments under this program may be
extended and the extended date will be set forth at <a href="https://www.fsa.usda.gov/ascf">https://www.fsa.usda.gov/ascf</a>. Producers may also obtain that information from
any FSA county office.
(c) Producers must also submit the following eligibility forms to
FSA by August 9, 2027, if not already on file with FSA for the 2025
program year:
(1) CCC-901, Member Information for Legal Entities, if applicable;
(2) CCC-902, Farm Operating Plan;
(3) CCC-941, Average Adjusted Gross Income (AGI) Certification and
Consent to Disclosure of Tax Information, for individuals, legal
entities, and members of legal entities, excluding joint ventures and
general partnerships; and
(4) AD-1026 Highly Erodible Land Conservation (HELC) and Wetland
Conservation (WC) Certification, for the producer and affiliated
persons, as specified in 7 CFR 12.8.
Sec. 1414.108 Payment calculation.
Payments will be determined by multiplying the eligible acres of an
eligible specialty crop by the payment rate for such specialty crop.
Payment rates are specified in table 1 to Sec. 1414.105(a).
Sec. 1414.109 Payment eligibility and limitation.
(a) A person, legal entity, or member of a joint venture or general
partnership, as determined in 7 CFR part 1400 in effect for program
year 2025 on June 1, 2026, cannot receive, directly or indirectly, more
than $250,000 under this subpart. The regulations set forth in 7 CFR
part 1400 will be used to administer this limitation.
(b) A person or legal entity with an average adjusted gross income
that exceeds $900,000, as determined in accordance with 7 CFR part
1400, subpart F, will not be eligible to receive benefits, directly or
indirectly, under this subpart.
Sec. 1414.110 General provisions.
(a) All information provided to FSA for program eligibility and
payment calculation purposes is subject to spot check. Participants are
required to retain documentation in support of their application for 3
years after the date of approval, including verifiable evidence of
planted acres of eligible specialty crops. Participants receiving ASCF
[[Page 32314]]
Program payments or any other person who furnishes such information to
the U.S. Department of Agriculture (USDA) must permit authorized
representatives of USDA or the Government Accountability Office, during
regular business hours, to enter the operation and to inspect, examine,
and 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.
(b) If an ASCF Program payment resulted from erroneous information
provided by a participant, or any person acting on their behalf, the
payment will be recalculated and the participant must refund any excess
payment to FSA with interest calculated from the date of the
disbursement of the payment. If FSA determines that the applicant
intentionally misrepresented information included on their application,
the application will be disapproved and the applicant must refund the
full payment to FSA with interest from the date of disbursement.
(c) Any payment under this subpart 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 ASCF
Program payments.
(d) In either applying for or participating in the ASCF Program, 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 the
ASCF Program, 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.
(e) 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 this subpart but only as to beneficiaries who,
as a condition of the waiver, agree to apply ASCF Program payments to
reduce the amount of the judgment lien.
(f) In addition to any other Federal laws that apply to the ASCF
Program, the following laws apply: 18 U.S.C. 286, 287, 371, and 1001.
William Beam,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 2026-10930 Filed 5-29-26; 8:45 am]
BILLING CODE 3411-E2-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.