[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Rules and Regulations]
[Pages 10959-10968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03841]
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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. 85 , No. 38 / Wednesday, February 26, 2020 /
Rules and Regulations
[[Page 10959]]
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR 1416
[Docket No. FSA-2019-0011]
RIN 0560-AI50
Supplemental Agricultural Disaster Assistance Programs
AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: The Agriculture Improvement Act of 2018 (2018 Farm Bill)
amends the Agricultural Act of 2014 to make changes to the Supplemental
Agricultural Disaster Assistance Programs, which include the Livestock
Indemnity Program (LIP), the Livestock Forage Disaster Program (LFP),
the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish
Program (ELAP), and the Tree Assistance Program (TAP). The rule
includes changes required by the 2018 Farm Bill, as well as
discretionary changes intended improve administration of the programs
and clarify existing program requirements.
DATES: Effective: February 26, 2020.
FOR FURTHER INFORMATION CONTACT: Kimberly Graham; telephone (202) 720-
7641, or email [email protected]. Persons with disabilities or
who require alternative means for communication should contact the USDA
Target Center at (202) 720-2600 (voice).
SUPPLEMENTARY INFORMATION:
Background
The disaster assistance programs, payment limitations, and payment
eligibility provisions in this rule are Commodity Credit Corporation
(CCC) funded and are administered by the Farm Service Agency (FSA).
This final rule implements specific changes to the programs required by
the 2018 Farm Bill (Pub. L. 115-334). This rule also makes minor
clarifying amendments and corrections to the regulations in 7 CFR part
1416.
Payment Limitation
The 2018 Farm Bill removed ELAP from the combined $125,000 per year
payment limitation with LFP, effectively removing the annual payment
limitation for ELAP. LIP has no annual payment limitation as well
because of changes made by the Bipartisan Budget Act of 2018 (Pub. L.
115-123). Accordingly, LFP is the only supplemental disaster program to
have a $125,000 per person and legal entity program year payment
limitation. However, the average adjusted gross income (AGI) limitation
provisions in part 1400 of this chapter relating to limits on payments
for persons or legal entities, excluding joint ventures and general
partnerships, continue to apply to each applicant for ELAP, LFP, LIP,
and TAP. Specifically, a person or legal entity with an AGI that
exceeds $900,000 will not be eligible to receive benefits under 7 CFR
part 1416. Further, the direct attribution provisions in 7 CFR part
1400 apply to ELAP, LFP, LIP, and TAP.
As required by the 2018 Farm Bill, effective with the 2019 and
subsequent program years, direct or indirect payments to a person or
legal entity under the LFP are limited to $125,000 per program year.
The limitation does not apply to payments issued under ELAP, LIP, and
TAP.
General Provisions
The 2018 Farm Bill amends the definition of ``eligible producer on
a farm'' to include an Indian Tribe or Tribal organization. This rule
amends the definition in the regulation. Additionally, miscellaneous
provisions are being amended to specify that in order to be eligible
for benefits, participants must submit an accurate acreage report
annually as required by applicable program provisions.
ELAP
ELAP provides financial assistance to eligible producers of
livestock, honeybees, and farm-raised fish for losses due to disease,
certain adverse weather events, or loss conditions, including blizzards
and wildfires, as determined by the Secretary. ELAP assistance is
provided for losses that are not covered by LFP and LIP.
For ELAP, this rule makes mandatory changes to conform with the
2018 Farm Bill to:
Provide that a veteran farmer or rancher's payment will be
calculated based on a national payment rate of 90 percent;
Add assistance for costs related to inspection for cattle
tick fever, regardless of findings from the inspection;
Remove assistance for livestock death losses due to
disease transmitted by vectors that cannot be controlled by vaccination
or acceptable management practices, as the 2018 Farm Bill authorizes
payments for these losses under LIP; and
Provide that ELAP payments, beginning with the 2019
program year, are not subject to an annual program payment limitation.
In addition, FSA is making discretionary changes to ELAP for
clarity and to improve program integrity. The definition of ``eligible
winter storm'' is amended to be consistent with how this term is used
for LIP. In order to be consistent with the LFP and ELAP provisions in
Sec. 1416.104 and Sec. 1416.105, the definition of ``livestock
owner'' is amended to specify that an owner must have legal ownership
of the livestock for which ELAP benefits are being requested during the
60 calendar days before the eligible adverse weather or eligible loss
condition as opposed to only or just on the day of the eligible adverse
weather or eligible loss condition. The definition of ``grazing
animal'' is amended to clarify that unweaned livestock are not included
in the definition. The program year for ELAP has always run as a fiscal
year while the other disaster programs LFP, LIP and TAP had program
years that were based on the calendar year. This rule amends the 2019
and subsequent program years for ELAP; for 2019 the ELAP program year
is from October 1, 2018, through December 31, 2019; for 2020 and
subsequent years, the ELAP program year is the same as the calendar
year, January 1 through December 31. This is for ease in program
administration and for producers to better understand the program year
for ELAP consistent with other similar disaster assistance programs.
The change should not impact the extent of any producer's payment
eligibility.
[[Page 10960]]
This rule amends Sec. 1416.103 to include costs for transporting
water for eligible adverse weather, as determined by the Deputy
Administrator. Previously, only drought was an eligible condition for
costs for transporting water. This change is being made to address the
actual loss sustained by producers when an eligible disaster (not just
drought) causes a loss for transport of water (water transportation
costs that absent that disaster would not have been incurred by the
eligible producer). As was the case for drought, the cost of water is
not eligible. The program will not pay for transporting water to
livestock on land enrolled in CRP.
This rule amends Sec. 1416.104 to remove the eligibility
requirement for contract growers that their income be dependent on
survival of the livestock, which was sometimes being interpreted to
require a contract grower to indemnify owners for livestock deaths.
Contract growers have beneficial risk interest in livestock when their
compensation is based on their inputs, which are subject to loss and
performance of the livestock as specified in the contract grower's
contract. While some contracts may make the contract grower liable for
death of livestock, such a condition is not required in order for a
contract grower to be able to show beneficial risk interest in the
livestock. The intent is to specify that eligibility of contract
growers is for those persons or legal entities who do not own the
livestock, but who derive income from weight gain of livestock,
production of livestock products, or number of livestock produced. This
rule also removes a provision that eligible livestock must not have
been in a feedlot on the beginning date of the eligible adverse weather
or loss condition to be eligible under ELAP as the location of an
owner's livestock on the beginning date of an eligible disaster is not
relevant to whether an eligible loss has occurred for an owner's
grazing animals.
For program integrity, this rule specifies that a notice of loss
for honeybee colony or honeybee hive losses must be accompanied by
acceptable documentation to FSA that demonstrates that an eligible loss
occurred and was associated with an eligible loss condition.
This rule removes regulatory provisions that applied only to ELAP
for prior program years.
Further, consistent with the 15-day notice of loss period that
applies to producers of honey under the Noninsured Crop Disaster
Assistance Program, for honeybee losses the rule amends the notice of
loss deadline for 2020 and subsequent program years to 15 days of when
the loss is first apparent to the producer. For losses other than
honeybee and honeybee hive losses, the notice of loss deadline remains
at 30 days from the date loss is first apparent to the producer. This
rule specifies that, in addition to all other existing eligibility
requirements, that in the event a participant was paid for a loss of
honeybee colony or honeybee hive in either or both of the previous 2
years, the participant must provide, along with any notice of loss and
application for payment in the current year, documentation acceptable
to FSA substantiating beginning inventory for that current year for
which the notice of loss and application for payment is being
submitted. The rule specifies that, in addition to all other existing
eligibility requirements, for honeybee colony losses due to Colony
Collapse Disorder (CCD), the participant must provide a producer
certification that the loss was a direct result of at least 3 of the 5
symptoms of CCD. Further, in addition to the notice of loss required by
Sec. 1416.107, this rule clarifies that an application for payment is
due within 30 calendar days of the end of the applicable program year.
This is not a change; however, with the change in program years, the
regulation is amended to tie the application deadline to the program
year.
LFP
Other than the change made to payment limitations that removed ELAP
from the combined $125,000 annual payment limit with LFP therefore
making LFP the only supplemental disaster program subject to the
$125,000 limit, the 2018 Farm Bill did not make changes to the LFP.
However, consistent with other discretionary changes for clarity and
program integrity, FSA is making the following changes in this rule.
This rule clarifies Sec. 1416.201 to specify that eligible
livestock owners or contract growers of livestock who are eligible
producers of grazed forage crop acreage are eligible for LFP payment
consideration. Persons or legal entities that are not both an eligible
owner or contract grower of livestock and a producer of grazed forage
are not eligible. This is not a change to existing policy, rather a
clarification. This rule amends the definition of ``contract grower''
to remove the requirement that the contract grower's income be
dependent on survival of the livestock, consistent with the intent of
the program as well as with the ELAP provision covering contract
growers. This rule amends the definition of ``grazing animals'' to make
clear that unweaned animals are excluded (consistent with ELAP) from
this definition and therefore ineligible for payment. This rule adds a
definition for ``unweaned livestock''.
This rule amends Sec. 1416.203 to clarify that as of the date of
the qualifying drought or fire for LFP, the owner or contract grower of
grazing animals must provide pastureland or grazing land for covered
livestock that is physically located in a county affected by a
qualifying drought during the normal grazing period for the specific
forage crop acreage in the county. This is not a change in policy, but
rather a clarification in the regulatory text. Further, consistent with
ELAP, this rule clarifies that livestock excluded from being eligible
include livestock intended for consumption by the owner or contract
grower. This rule also clarifies provisions in Sec. 1416.205 regarding
grazing losses on irrigated land, which are not eligible for payment
under LFP unless they are due to a lack of surface water as a result of
a qualifying eligible drought condition. Finally, consistent with
amendments to other subparts of part 1416, this rule removes provisions
that were applicable to only prior program years.
LIP
LIP provides benefits to livestock owners and contract growers for
livestock deaths in excess of normal mortality or injured livestock
sold at a reduced price caused by adverse weather or by attacks by
animals reintroduced into the wild by the Federal Government. LIP
payments are equal to 75 percent of the average fair market value of
the livestock. There is no payment limitation for LIP. The 2018 Farm
Bill amends LIP to include coverage for:
1. Death loss resulting from diseases caused by, or transmitted by,
a vector that cannot be controlled by vaccination or acceptable
management practices; and
2. Death of unweaned livestock due to extreme cold and without
regard to management protocols.
FSA is amending the regulations to conform to the mandatory changes
under the 2018 Farm Bill changes to:
Amend eligible livestock losses to include death loss of
unweaned livestock due to extreme cold, without regard to management
practices, vaccination protocols, or lack of vaccinations by the
eligible producer; and
Amend the definition of ``eligible disease'' to include
disease caused or transmitted by a vector and not be
[[Page 10961]]
susceptible to control by vaccination or acceptable management
practices (this was previously an eligible loss under ELAP; it will now
be covered under LIP together with any other eligible death loss of
eligible livestock). With these amendments, compensation for eligible
livestock deaths will only be under LIP.
In addition, this rule makes minor discretionary changes to LIP to
improve program integrity. FSA is amending Sec. 1416.302 to remove
references to ``open range'' livestock. The term was previously used
where the rule allowed for establishment of beginning inventory of calf
and lamb operations based on livestock beginning inventory history
(LBIH). The regulation will retain LBIH and its use will be applicable
in any livestock operation, not only those that were referred to as
``open range,'' for establishment of beginning inventory of unweaned
livestock of calves, kids, or lambs. Accordingly, corresponding
amendments are being made throughout the subpart to remove references
to open range and to replace the reference to calves and lambs with
unweaned livestock. This rule also amends Sec. 1416.304, where
applicable, by replacing the words ``adverse weather event or date of
the attack by animals reintroduced into the wild by the Federal
Government or protected by Federal law, including wolves and avian
predators or the transmission by vectors and is not susceptible to
control by vaccination or acceptable management practices'' with
``eligible loss condition,'' for ease in reading. This rule amends
Sec. 1416.304 to clarify that that eligible livestock includes only
those livestock produced and maintained for commercial use for sale of
the production of livestock products such as milk or eggs (or
livestock). Excluded livestock are the same before including, but not
limited to, wild free roaming animals; animals produced or maintained
for consumption by the owner or contract grower; livestock used for
recreational purposes; and livestock used for pleasure, hunting,
roping, pets, or for show.
As is the case for other subparts, this rule amends Sec. 1416.305
to remove provisions that were only applicable to prior program years.
However, to relieve the burden some livestock owners may have in
qualifying for assistance, Sec. 1416.305 is amended to permit, for
losses sustained due to an eligible adverse weather event or eligible
disease, as defined in the rule, that the participant must, at a
minimum, provide reliable records of inventory and reliable records as
proof of death or injury. Finally, consistent with other amendments to
7 CFR part 1416, provisions in Sec. 1416.305 that were applicable only
to prior program years (for example, on or after October 1, 2011, and
before January 1, 2015) have been removed.
TAP
TAP assists eligible orchardists and nursery tree growers that have
incurred tree, bush, or vine mortality losses in excess of 15 percent,
adjusted for normal mortality, due to natural disaster. TAP is a cost-
reimbursement program, which means that payments are calculated based
on estimated actual costs to replace or rehabilitate lost or damaged
trees, bushes, or vines. The replacement and rehabilitation activities
must take place within 12 months after the application is approved, and
payment is not made until the activities are completed.
The rule amends Sec. 1416.402 to add the term ``commercially
viable'' for those eligible trees, bushes, or vines, that are damaged
but which may rejuvenate and return to a level of expected production
through rehabilitation and without planting. The term is added to Sec.
1416.403 to permit eligible trees, bushes, or vines that are determined
not commercially viable to be included in order to meet the requisite
mortality in Sec. 1416.403(a). This rule also amends the definition of
``natural disaster'' to specify the included natural occurrences must
be extreme, abnormal, and damaging, consistent with the intent of the
program.
This rule amends Sec. 1416.405 to remove provisions that applied
only to prior program years. It amends Sec. 1416.406 to implement a
change required by the 2018 Farm Bill to increase the reimbursement
amount for a beginning farmer and rancher and a veteran farmer and
rancher from 65 percent to 75 percent for the cost of replanting trees,
bushes, or vines lost due to a natural disaster, in excess of 15
percent mortality (adjusted for normal mortality) or, at the option of
the Secretary, sufficient seedlings to reestablish a stand. The 2018
Farm Bill also increases the reimbursement amount for beginning farmers
and ranchers and veteran farmers and ranchers from 50 percent to 75
percent of the cost of pruning, removal, and other costs incurred for
salvaging the existing plants, or in the case of plant mortality, to
prepare land for replanting, subject to the maximum allowable FSA rate.
Effective Date, Notice and Comment, and Paperwork Reduction Act
The Administrative Procedure Act (5 U.S.C.553) provides that the
notice and comment and 30-day delay in the effective date provisions do
not apply when the rule involves specified actions, including matters
relating to benefits. This rule governs Supplemental Agricultural
Disaster Assistance Programs, which include ELAP, LIP, LFP, and TAP for
benefit payments and thus falls within that exemption.
Further, as specified in 7 U.S.C. 9091, the regulations to
implement the provisions of the Title I of the 2018 Farm Bill are:
Exempt from the notice and comment provisions of 5 U.S.C.
553, and
Exempt from the Paperwork Reduction Act (44 U.S.C. chapter
35.
To use the authority in 5 U.S.C. 808 related to
Congressional review and any potential delay in the effective date.
In addition, 7 U.S.C. 9091(c)(3) directs the Secretary to use the
authority provided in 5 U.S.C. 808, which provides that when an agency
finds for good cause that notice and public procedure are
impracticable, unnecessary, or contrary to the public interest, that
the rule may take effect at such time as the agency determines. Due to
the mandatory requirements of the 2018 Farm Bill and the need to
implement the regulations expeditiously to provide assistance to
producers who suffered disaster losses because of adverse weather and
other natural disasters, FSA and CCC find that notice and public
procedure are contrary to the public interest.
The Office of Management and Budget (OMB) designated this rule as
not major under Congressional Review Act, as defined by 5 U.S.C.
804(2). Therefore, FSA 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.
Executive Orders 12866, 13563, 13771, and 13777
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
[[Page 10962]]
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.
The requirements in Executive Order 12866 and 13563 for the analysis of
costs and benefits apply to rule that are determined to be significant.
Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,''
established a federal policy to alleviate unnecessary regulatory
burdens on the American people.
OMB designated this rule as not significant under Executive Order
12866, ``Regulatory Planning and Review,'' and therefore, OMB has not
reviewed this rule and analysis of the costs and benefits is not
required under either Executive Order 12866 and 13563.
Executive Order 13771, ``Reducing Regulation and Controlling
Regulatory Costs,'' requires that in order to manage the private costs
required to comply with Federal regulations that for every new
significant or economically significant regulation issued, the new
costs must be offset by the elimination of at least two prior
regulations. As this rule is designated not significant, it is not
subject to Executive Order 13771. In a general response to the
requirements of Executive Order 13777, USDA created a Regulatory Reform
Task Force, and USDA agencies were directed to remove barriers, reduce
burdens, and provide better customer service both as part of the
regulatory reform of existing regulations and as an ongoing approach.
FSA reviewed this regulation and made changes to improve any provision
that was determined to be outdated, unnecessary, or ineffective.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally requires an agency to prepare a regulatory analysis of any
rule whenever an agency is required by APA or any other law to publish
a proposed rule, unless the agency certifies that the rule will not
have a significant economic impact on a substantial number of small
entities. This rule is not subject to the Regulatory Flexibility Act
because as noted above, this rule is exempt from notice and comment
rulemaking requirements of the APA and no other law requires that a
proposed rule be published for this rulemaking initiative.
Environmental Review
In general, the environmental impacts of rules are to be 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
FSA regulations for compliance with NEPA (7 CFR part 799). Some of the
changes being made by the rule were self-enacting and have already been
implemented administratively. The rule implements primarily changes
required by the 2018 Farm bills for ELAP, LIP and TAP; and the
discretionary aspects are to improve administration of the programs and
clarify existing program requirements. FSA is providing the disaster
assistances, payment limitations, and payment eligibility provisions
under the LIP, LFP, ELAP, and TAP to the eligible producers. The
discretionary provision would not alter any environmental impacts
resulting from implementing the mandatory changes to those programs.
Accordingly, these discretionary aspects are coved by the following
Categorical Exclusion, found at 7 CFR part 799.31(b)(6)(vi) safety net
programs administrated by FSA and no Extraordinary Circumstances (Sec.
799.33) exist. Therefore, as this rule presents only discretionary
clarifications of mandatory requirements that will not have an impact
to the human environments, individually or cumulatively, FSA will not
prepare an environmental assessment or environmental impact statement
for this rule; this rule serves as documentation of the programmatic
environmental compliance decision for this federal action.
Executive Order 12372
Executive Order 12372, ``Intergovernmental Review of Federal
Programs,'' requires consultation with State and local officials that
would be directly affected by proposed Federal financial assistance.
The objectives of the Executive Order are to foster an
intergovernmental partnership and a strengthened Federalism, by relying
on State and local processes for State and local government
coordination and review of proposed Federal financial assistance and
direct Federal development. For reasons specified in the final rule
related notice regarding 7 CFR part 3015, subpart V (48 FR 29115, June
24, 1983), the programs and activities in this rule are excluded from
the scope of Executive Order 12372.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, ``Civil
Justice Reform.'' This rule will not preempt State or local laws,
regulations, or policies unless they represent an irreconcilable
conflict with this rule. Before any judicial actions may be brought
regarding the provisions of this rule, the administrative appeal
provisions of 7 CFR parts 11 and 780 are to be exhausted.
Executive Order 13132
This rule has been reviewed under Executive Order 13132,
``Federalism.'' The policies contained in this rule do not have any
substantial direct effect on States, on the relationship between the
Federal Government and the States, or on the distribution of power and
responsibilities among the various levels of government, except as
required by law. Nor does this rule impose substantial direct
compliance costs on State and local governments. Therefore,
consultation with the States is not required.
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.
USDA has assessed the impact of this rule on Indian Tribes and
determined that this rule has Trial implications that required Tribal
consultation under Executive Order 13175. Tribal consultation for this
rule was included in the 2018 Farm Bill consultation held on May 1,
2019, at the National Museum of American Indian, in Washington, DC. The
portion of the Tribal Consultation relative to this rule was conducted
by Bill Northey, USDA Under Secretary for the Farm Production and
Conservation mission area, as part of Title I session. If a Tribe
requests additional consultation, FSA will work with the USDA Office of
Tribal Relations to ensure meaningful consultation is provided.
[[Page 10963]]
Unfunded Mandates
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA, Pub. L.
104-4) requires Federal agencies to assess the effects of their
regulatory actions on State, local, or Tribal governments or the
private sector. Agencies generally must prepare a written statement,
including a 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 by Title II of UMRA for
State, local, or Tribal governments or for the private sector.
Therefore, this rule is not subject to the requirements of sections 202
and 205 of UMRA.
Federal Assistance Programs
The titles and numbers of the Federal assistance programs, listed
in the Catalog of Federal Domestic Assistance, to which this rule
applies, are:
10.088--Livestock Indemnity Program
10.089--Livestock Forage Disaster Program
10.091--Emergency Assistance for Livestock, Honeybees, and Farm-Raised
Fish Program
10.092--Tree Assistance Program
E-Government Act Compliance
FSA and CCC are committed to complying with the E-Government Act,
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.
List of Subjects in 7 CFR Part 1416
Administrative practice and procedure, Agriculture, Disaster
assistance, Fruits, Livestock, Nursery stock, Seafood.
For the reasons discussed above, CCC amends 7 CFR part 1416 as
follows:
PART 1416--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS
0
1. The authority citation for part 1416 continues to read as follows:
Authority: Title I, Pub. L. 113-79, 128 Stat. 649; Title I, Pub.
L. 115-123; Title VII, Pub. L. 115-141.
Subpart A--General Provisions for Supplemental Agricultural
Disaster Assistance Programs
Sec. 1416.2 [Amended]
0
2. Amend Sec. 1416.2, in paragraph (a), by removing the words ``will
be'' and adding the word ``is'' in their place, and in paragraph (f),
by adding a comma after the word ``year'' the first time it appears in
the second sentence.
0
3. Amend Sec. 1416.3 as follows:
0
a. In paragraph (b)(3), remove the word ``or'';
0
b. In paragraph (b)(4), remove the period and add ``; or'' at the end
of the paragraph; and
0
c. Add paragraph (b)(5).
The addition reads as follows:
Sec. 1416.3 Eligible producer.
* * * * *
(b) * * *
(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).
0
4. Amend Sec. 1416.6 as follows:
0
a. Revise paragraph (a); and
0
b. In paragraph (c), in the first sentence, remove the words ``For
losses incurred beginning on October 1, 2011, and for'' add the word
``For'' in their place, and in the last sentence, remove the words
``average AGI'' and add ``AGI'' in their place.
The revision reads as follows:
Sec. 1416.6 Payment eligibility and limitation.
(a) For 2019 and each subsequent program year, a person, legal
entity, or member of a joint venture or general partnership, as
determined in part 1400 of this chapter, cannot receive, directly or
indirectly, more than $125,000 per program year under LFP.
* * * * *
Sec. 1416.7 [Amended]
0
5. Amend Sec. 1416.7, in paragraph (a), by removing the word
``deliberately''.
0
6. Amend Sec. 1416.14 by adding paragraph (b) to read as follows.
Sec. 1416.14 Miscellaneous.
* * * * *
(b) In order to be eligible for benefits, participants in the
programs specified in this part must submit an accurate acreage report
annually as required by these provisions.
Subpart B--Emergency Assistance for Livestock, Honeybees, and Farm-
Raised Fish Program
0
7. Amend Sec. 1416.102 as follows:
0
a. In the definition of ``Eligible adverse weather'', add the word
``eligible'' before the word ``winter'';
0
b. Revise the definition of ``Eligible winter storm'';
0
c. In the definition of ``Equine animal'', add the word ``weaned''
before the word ``domesticated'';
0
d. In the definition of ``Goat'', add the word ``weaned'' before the
word ``domesticated'' and remove the second sentence;
0
e. In the definition of ``Grazing animals'', remove the words
``livestock that'' and add the words ``weaned livestock that'' in their
place and add a sentence to the end of the definition;
0
f. In the definition of ``Livestock owner'', remove the words ``on the
day of'' and add the words ``during the 60 calendar days before'' in
their place.
0
g. Revise the definitions of ``Non-adult beef cattle'', ``Non-adult
beefalo'', ``Non-adult buffalo or bison'', and ``Non-adult dairy
cattle'';
0
h. In the definition of ``Normal mortality'', remove the words
``livestock,'' and ``livestock and'';
0
i. Remove the definition of ``Poultry'';
0
j. Revise the definition of ``Program year'';
0
k. In the definition of ``Sheep'', add the word ``weaned'' before the
word ``domesticated'' and remove the second sentence;
0
l. Remove the definition of ``Swine''; and
0
m. Add in alphabetical order a definition for ``Unweaned livestock'';
and
0
n. In the definition of ``Verifiable record'', remove the words ``and
is used to substantiate the claimed loss''.
The revisions and additions read as follows:
Sec. 1416.102 Definitions.
* * * * *
Eligible winter storm means an event that is so severe as to
directly cause loss and lasts in duration for at least 3 consecutive
days and includes a combination of high winds, freezing rain or sleet,
heavy snowfall, and extremely cold temperatures. The wind,
precipitation, and extremely cold temperatures must occur during the
consecutive 3-day period, with wind and extremely cold temperatures
occurring in each of the 3 days.
* * * * *
Grazing animals * * * Unweaned livestock are not grazing animals
regardless of whether those unweaned livestock are present on grazing
land or pastureland.
* * * * *
Non-adult beef cattle means a weaned beef breed bovine animal that
on or
[[Page 10964]]
before the beginning date of the eligible adverse weather or eligible
loss condition does not meet the definition of adult beef cow or bull.
Non-adult beefalo means a weaned hybrid of beef and bison that on
or before the beginning date of the eligible adverse weather or
eligible loss condition does not meet the definition of adult beefalo
cow or bull.
Non-adult buffalo or bison means a weaned animal of those breeds
that on or before the beginning date of the eligible adverse weather or
loss condition does not meet the definition of adult buffalo or adult
bison cow or bull.
Non-adult dairy cattle means a weaned bovine animal of a breed used
for the purpose of providing milk for human consumption that on or
before the beginning date of the eligible adverse weather or eligible
loss condition does not meet the definition of adult dairy cow or bull.
* * * * *
Program year means for 2019 from October 1, 2018, through December
31, 2019; for 2020 and subsequent years, the program year is the same
as the calendar year, January 1 through December 31.
* * * * *
Unweaned livestock means an animal not weaned from mother's milk or
milk replacement to other nourishment. For ELAP purposes, unweaned
livestock does not include turkeys, ducks, chickens, and geese.
* * * * *
0
8. Amend Sec. 1416.103 as follows:
0
a. Revise paragraphs (d)(5) introductory text and (d)(5)(i) and (ii);
0
b. In paragraph (d)(5)(iii), remove the words ``grazing land' and add
the word ``livestock'' in their place;
0
c. Revise paragraph (f);
0
d. Remove paragraph (g);
0
e. Redesignate paragraphs (h) through (j) as paragraphs (g) through
(i), respectively; and
0
f. Revise newly redesignated paragraph (h).
The revisions read as follows:
Sec. 1416.103 Eligible losses, adverse weather, and other loss
conditions.
* * * * *
(d) * * *
(5) A loss resulting from the additional cost of transporting water
to eligible livestock as specified in Sec. 1416.104(a) due to eligible
adverse weather, eligible loss condition, or eligible drought, as
determined by the Deputy Administrator, including, but not limited to,
costs associated with water transport equipment rental fees, labor, and
contracted water transportation fees. The cost of the water is not
eligible for payment. Transporting water to livestock located on land
enrolled in CRP is not an eligible loss under ELAP. To be eligible for
additional cost of transporting water to eligible livestock, the
livestock must be on eligible grazing lands that meet all of the
following:
(i) Physically located in the county where the eligible adverse
weather, eligible loss condition, or eligible drought, as determined by
the Deputy Administrator, occurred;
(ii) That had adequate livestock watering systems or facilities
before the eligible adverse weather, eligible loss condition, or
eligible drought occurred; and
* * * * *
(f) For a loss resulting from the additional cost associated with
gathering livestock to inspect or treat for cattle tick fever, the
livestock gathered for inspection or treatment for cattle tick fever
must be considered eligible livestock as specified in Sec.
1416.104(d). To be considered an eligible loss, acceptable records, as
determined by the Deputy Administrator, must be on file with APHIS,
that provide the number of livestock gathered and inspected or treated
for cattle tick fever and the number of treatments given during the
program year.
* * * * *
(h) For honeybee colony or honeybee hive losses to be considered
eligible, the hive producer must have incurred the loss in the county
where the eligible adverse weather or eligible loss condition occurred.
The honeybee colony or hive losses must be due to an eligible adverse
weather or eligible loss condition, as determined by the Deputy
Administrator, including, but not limited to, colony collapse disorder,
earthquake, eligible winter storm, as specified in Sec. 1416.102,
excessive wind, flood, hurricane, lightning, tornado, volcanic
eruption, and wildfire. Drought is not an eligible adverse weather
event or eligible loss condition for honeybee hive losses. To be
considered eligible for honeybee hive loss as of the beginning date of
the eligible adverse weather event or eligible loss condition the
honeybee hive must be all the following: Maintained for producing
honey, pollinating, or breeding honeybees for commercial use in a
farming operation; physically located in the county where the eligible
adverse weather or eligible loss conditions occurred; and be a part of
a honeybee farming operation in which the applicant has a risk in honey
production, pollination, or honeybee breeding. To be considered an
eligible honeybee colony loss, the colony loss must be in excess of
normal mortality, as established by the Deputy Administrator, and the
loss could not have been prevented through reasonable and available
measures. The notice of loss must be accompanied by acceptable
documentation, as determined by the Deputy Administrator, that
demonstrates an eligible loss occurred and was associated with an
eligible adverse weather or eligible loss condition, and that generally
accepted husbandry and production practices had been followed. For
colony collapse disorder, acceptable documentation includes, but is not
limited to, proof of beginning inventory and good management practices,
and a producer certification that the loss of honeybee colonies was a
direct result of at least 3 of the following 5 symptoms:
(1) The loss of live queen or drone bee populations inside the
hives;
(2) Rapid decline of adult worker bee population outside the hives,
leaving brood poorly or completely unattended;
(3) Absence of dead adult bees inside the hive and outside the
entrance of the hive;
(4) Absence of robbing collapsed colonies;
(5) At the time of collapse, varroa mite and Nosema populations are
not at levels known to cause economic injury or population decline.
* * * * *
Sec. 1416.104 [Amended]
0
9. Amend Sec. 1416.104 as follows:
0
a. In paragraph (a)(3), add the word ``and'' at the end of the
paragraph;
0
b. In paragraph (a)(4); remove the semicolon and add a period in its
place;
0
c. Remove paragraph (a)(5);
0
d. In paragraph (c)(7), add the word ``unweaned'' before the word
``beef'';
0
e. Remove paragraphs (d), (e)(1) and (2), and (f);
0
f. Redesignate paragraphs (e), (g), and (h) as paragraphs (d), (e), and
(f), respectively; and
0
g. In newly redesignated paragraph (d), remove the words ``the survival
of the livestock and'' and the phrase ``For death losses for contract
growers to be eligible, the livestock must meet all of the following
conditions:''.
Sec. 1416.105 [Amended]
0
10. Amend Sec. 1416.105 by removing paragraph (c) and redesignating
paragraphs (d) through (f) as paragraphs (c) through (e), respectively.
Sec. 1416.106 [Amended]
0
11. Amend Sec. 1416.106 as follows:
0
a. Revise paragraph (a) introductory text;
[[Page 10965]]
0
b. In paragraph (a)(2)(i), remove the words ``feed, grazing, and
death'' and add the words ``feed and grazing'' in their place;
0
c. In paragraph (a)(7), remove the words ``resource and beginning'' and
add the words ``resource, beginning, or veteran'' in their place;
0
d. In paragraph (b) introductory text, remove the words ``For 2017 and
subsequent program years, for'' and add the word ``For'' in its place;
0
e. In paragraph (d), add a new third sentence;
0
f. Remove paragraph (e); and
0
g. Redesignate paragraph (f) as paragraph (e).
The revision and addition read as follows:
Sec. 1416.106 Notice of loss and application process.
(a) To apply for ELAP, the participant that suffered eligible
livestock, honeybee, or farm-raised fish losses must submit, to the FSA
county office, the following:
* * * * *
(d) * * * If the participant was paid for a loss of honeybee colony
or honeybee hive in either or both of the 2 previous years, the
participant must provide documentation that FSA deems acceptable to
substantiate how current year honeybee colony and honeybee hive
inventory was acquired. * * *
* * * * *
0
12. Revise Sec. 1416.107 to read as follows:
Sec. 1416.107 Notice of loss and application period.
(a) In addition to submitting an application for payment by the
deadline in paragraph (b) of this section, the participant that
suffered eligible livestock, honeybee, or farm-raised fish losses that
create or could create a claim for benefits must:
(1) For losses other than honeybees, provide a notice of loss to
FSA within 30 calendar days of when the loss of livestock is first
apparent;
(2) For honeybee losses, provide a notice of loss together with
documentation required by Sec. 1416.103 to FSA within 15 calendar days
of when the loss is first apparent;
(3) Submit the notice of loss required in this paragraph to the FSA
county office.
(b) In addition to the notices of loss required in paragraph (a) of
this section, a participant seeking payment must also submit a
completed application for payment by 30 calendar days after the end of
the applicable program year.
Sec. 1416.109 [Amended]
0
13. Amend Sec. 1416.109 as follows:
0
a. In paragraph (a), remove the word ``socially'' and add the words
``veteran farmer or rancher, socially ''in its place; and
0
b. In paragraph (c), remove the references ``Sec. Sec. 1416.110(n),
1416.111(b)'' and add the reference ``Sec. Sec. 1416.111(b)'' in its
place.
Sec. 1416.110 [Amended]
0
14. Amend Sec. 1416.110 as follows:
0
a. In paragraph (b) introductory text, add the words ``eligible adverse
weather, eligible loss condition, or'' before the words ``eligible
drought'';
0
b. In paragraph (f) introductory text, add the words ``or inspect''
after the word ``treat'', and add the words ``or inspection'' after the
word ``treatment'' both times it appears;
0
c. In paragraph (f)(2), add the words ``or inspected'' after the word
``treated'';
0
d. Remove paragraph (n); and
0
e. Redesignate paragraph (o) as paragraph (n).
Subpart C--Livestock Forage Disaster Program
0
15. Amend Sec. 1416.201 by revising paragraph (b) to read as follows:
Sec. 1416.201 Applicability.
* * * * *
(b) Eligible livestock owners or contract growers who are eligible
producers of eligible grazed forage crop acreage will be compensated
for eligible grazing losses for covered livestock that occur due to a
qualifying drought or fire that occurs in the calendar year for which
benefits are being requested.
0
16. Amend Sec. 1416.202 as follows:
0
a. In the definition of ``Contract grower'', remove the words ``the
survival of the livestock and'';
0
b. In the definition of ``Equine animal'', add the word ``weaned''
before the word ``domesticated'';
0
c. In the definition of ``Goat'', add the word ``weaned'' before the
word ``domesticated'';
0
d. In the definition of ``Grazing animals'', add the word ``weaned''
before the work ``livestock'' in the first sentence, and add a sentence
to the end of the definition;
0
e. In the definition of ``Non-adult beef cattle'', add the word
``weaned'' before the word ``beef'' and remove the words ``weighted 500
pounds or more'' and remove the words ``but that'';
0
f. In the definition of ``Non-adult beefalo'':
0
i. Add the word ``weaned'' before the word ``hybrid'';
0
ii. Remove the words ``weighed 500 pounds or more''; and
0
iii. Remove the words ``fire, but'' and add the word ``fire'' in their
place;
0
g. In the definition of ``Non-adult buffalo or bison'', remove the word
``an'' and add the words ``a weaned'' in its place and remove the words
``weighed 500 pounds or more'' and ``, but'';
0
h. In the definition of ``Non-adult dairy cattle'';
0
i. Add the word ``weaned'' before the word ``bovine'';
0
ii. Remove the words ``weighed 500 pounds or more''; and
0
iii. Remove the words ``fire, but that'' and add the word ``fire'' in
their place;
0
i. Remove the definition of ``Poultry'';
0
j. In the definition of ``Sheep'', add the word ``weaned'' before the
word ``domesticated'';
0
k. Remove the definition of ``Swine''; and
0
l. Add in alphabetical order a definition for ``Unweaned livestock''.
The additions read as follows:
Sec. 1416.202 Definitions.
* * * * *
Grazing animals * * * Unweaned livestock are excluded as grazing
animals regardless of whether those unweaned livestock are present on
grazing land or pastureland.
* * * * *
Unweaned livestock means an animal not weaned from mother's milk or
milk replacement to other nourishment.
* * * * *
Sec. 1416.203 [Amended]
0
17. Amend Sec. 1416.203 as follows:
0
a. In paragraph (a)(2) introductory text, remove the word ``Provide''
and add the words ``As of the date of the qualifying drought or fire
provide'' in its place; and
0
b. In paragraph (a)(2)(i), add the words ``the specific forage crop
acreage in'' after the word ``for''.
0
18. Amend Sec. 1416.204 as follows:
0
a. In paragraph (a)(5), remove the word ``any'' and add the words
``consumption by the owner, lessee, or contract grower, any'' in their
place;
0
b. Revise paragraph (c)(7); and
0
c. In paragraph (c)(9), remove the words ``as part of a farming
operation'' and add the words ``any of the following or'' before the
word ``recreational''.
The revision reads as follows:
Sec. 1416.204 Covered livestock.
* * * * *
(c) * * *
(7) Unweaned livestock or animals not meeting the definition of a
grazing animal;
* * * * *
[[Page 10966]]
Sec. 1416.205 [Amended]
0
19. Amend Sec. 1416.205 in paragraph (b)(2) by removing the words
``lack of water that is beyond the participant's control'' and adding
the words ``the lack of surface water as a result of a qualifying
eligible drought condition'' in their place.
0
20. Amend Sec. 1416.206 as follows:
0
a. Remove paragraph (a);
0
b. Redesignate paragraphs (b) and (c) as (a) and (b), respectively;
0
c. Revise newly redesignated paragraph (a);
0
d. Remove newly redesignated paragraph (b)(2);
0
e. Redesignate newly redesignated paragraphs (b)(3) through (7) as
paragraphs (b)(2) through (6), respectively; and
0
e. In newly redesignated paragraph (b)(6), remove the words ``papers;
rendering truck receipts; Federal Emergency Management Agency Records;
National Guard records; written'' and add the words ``papers; written''
in their place.
The revision reads as follows:
Sec. 1416.206 Application for payment.
(a) To apply for LFP, the participant that suffered eligible
grazing losses for the 2019 and subsequent program years must submit a
completed application and required supporting documentation, including
some supporting documentation such as an acreage report that may have
been required at an earlier date, to the administrative FSA county
office no later than 30 calendar days after the end of the calendar
year in which the grazing loss occurred.
* * * * *
Sec. 1416.207 [Amended]
0
21. Amend Sec. 1416.207 in paragraph (a) by adding the words
``representative to'' after the words ``only as'' in the last sentence.
Subpart D--Livestock Indemnity Program
0
22. Amend Sec. 1416.301 by revising paragraph (a) to read as follows:
Sec. 1416.301 Applicability.
(a) This subpart establishes the terms and conditions of the
Livestock Indemnity Program (LIP).
* * * * *
0
23. Amend Sec. 1416.302 as follows:
0
a. Revise the definitions of ``Actual livestock beginning inventory'',
``Adjusted livestock beginning inventory'', and ``Approved livestock
beginning inventory'';
0
b. In the definition of ``Base period'', remove the words ``open range
calf or lambing operation'' and add the words ``unweaned livestock'' in
their place;
0
c. In the definition of ``Continuous livestock beginning inventory
reports'', remove the words ``livestock open range operation'' and add
the words ``unweaned livestock'' in their place;
0
d. Remove the definition of ``Cow/Ewe Livestock Beginning Inventory
History'';
0
e. Add in alphabetical order a definition for ``Cow, Ewe, Nanny LBIH'';
0
f. In the definition of ``Eligible adverse weather'', remove the last
three sentences;
0
g. In the definition of ``Eligible disease'', remove the word
``poisoning'', and add the words ``poisoning, or a disease that is
caused or transmitted by a vector and cannot be controlled by
vaccination or acceptable management practices'' in its place;
0
h. In the definition of ``Livestock beginning inventory history'',
remove the words ``calf or lamb open range'';
0
i. In the definition of ``LBIH reporting date'', add a period at the
end of the definition;
0
j. Revise the definition of ``Livestock inventory report'';
0
k. Remove the definitions of ``Open range operation'' and
``Transitional livestock beginning inventory history for offspring
(calves/lambs)''; and
0
l. Add in alphabetical order definitions for ``Transitional LBIH for
unweaned livestock'' and ``Unweaned livestock''.
The revisions and additions read as follows:
Sec. 1416.302 Definitions.
* * * * *
Actual livestock beginning inventory means the actual livestock
beginning inventory per calendar year for unweaned livestock that is
calculated from the verifiable or reliable records of death, birthing,
docking, inventory, and sales.
Adjusted livestock beginning inventory means the LBIH for unweaned
livestock that will be adjusted during the base period for years for
which continuous actual LBIH records are not provided.
* * * * *
Approved livestock beginning inventory means the approved livestock
beginning inventory for unweaned livestock, calculated by the sum of
the yearly actual and transitional LBIH divided by the number of years
of LBIH.
* * * * *
Cow, Ewe, Nanny LBIH means, the applicable calendar year cow, ewe,
or nanny verifiable livestock beginning inventory records provided to
FSA by the unweaned livestock operation to be used in calculating the
transitional LBIH.
* * * * *
Livestock inventory report means a written record showing the
producer's annual inventory used to determine the LBIH for LIP purposes
for the livestock operation. The report contains LBIH by livestock
operation by livestock type or kind.
* * * * *
Transitional LBIH for unweaned livestock means an estimated LBIH,
generally determined by multiplying the livestock operation's beginning
cow, ewe, or nanny LBIH by the national established birthing rate
percentage established by FSA for the species of unweaned livestock.
The Deputy Administrator has the authority to make adjustments for
variations in stocking levels for livestock during the period covered
by the history as necessary. It is to be used in the transitional LBIH
calculation process when less than 4 consecutive calendar years of
actual LBIH is available.
Unweaned livestock means an animal not weaned from mother's milk or
milk replacement to other nourishment. For LIP purposes, unweaned
livestock does not include turkeys, ducks, chickens, and geese.
* * * * *
0
24. Amend Sec. 1416.304 as follows:
0
a. Revise paragraphs (c)(1)(ii) and (c)(2);
0
b. In paragraph (c)(3), add the words ``produced or'' before the word
``maintained'', and remove the words ``sale of'';
0
c. Revise paragraph (c)(4);
0
d. Redesignate paragraphs (d)(37) through (39) as paragraphs (d)(40)
through (42), respectively and Redesignate paragraphs (d)(14) through
(36) as paragraphs (d)(16) through (38), respectively;
0
e. Add new paragraphs (d)(14) and (15);
0
f. In newly redesignated paragraph (d)(36), remove the word ``feeder''
and add the words ``suckling pigs, nursery'' in their place;
0
g. In newly redesignated paragraph (d)(37), remove the words ``sows,
boars,'' and add ``lightweight'' in their place;
0
h. In newly redesignated paragraph (d)(38), remove the words ``over
150'' and add the words ``151 to 450'' in their place;
0
i. Add new paragraph (d)(39);
0
j. Revise paragraph (e); and
0
k. In paragraph (f), remove the words ``cause of loss'' and add the
words ``loss condition'' in their place.
[[Page 10967]]
The additions and revisions read as follows:
Sec. 1416.304 Eligible livestock.
* * * * *
(c) * * *
(1) * * *
(ii) No later than 30 calendar days for livestock, or 7 calendar
days for newborn livestock, from the ending date of the eligible loss
condition; or
(2) Been injured and sold at a reduced price as a direct result of
an eligible adverse weather event or eligible attack no later than 30
calendar days for livestock, or 7 calendar days for newborn livestock,
from the ending date of the eligible adverse weather event or eligible
attack.
* * * * *
(4) Not be produced or maintained for reasons other than commercial
use for livestock sale or for the production of livestock products such
as milk or eggs. Livestock excluded from being eligible include, but
are not limited to, wild free roaming animals and animals produced or
maintained for consumption by the owner or contract grower, livestock
used for recreational purposes, livestock used for pleasure, hunting,
roping, pets, or for show.
(d) * * *
(14) Chickens, roasters
(15) Chickens, super roasters or parts
* * * * *
(39) Swine, boars, sows, 450 pounds or more;
* * * * *
(e) The following categories of animals are eligible livestock for
contract growers and calculations of eligibility for payments will be
calculated separately for each producer with respect to each category:
(1) Chickens, broilers, pullets (regular size);
(2) Chickens, chicks;
(3) Chickens, layers;
(4) Chickens, pullets or Cornish hens (small size);
(5) Chickens, roasters;
(6) Chickens, super roasters or parts;
(7) Ducks;
(8) Ducks, ducklings;
(9) Geese, goose;
(10) Swine, boars, sows;
(11) Swine, suckling nursery pigs;
(12) Swine, lightweight barrows, gilts 50 to 150 pounds;
(13) Swine, sows, boars, barrows, gilts 151 to 450 pounds;
(14) Swine, boars and sows 450 pounds or more;
(15) Turkeys, poults; and
(16) Turkeys, toms, fryers, and roasters.
* * * * *
0
25. Amend Sec. 1416.305 as follows:
0
a. Revise paragraph (a);
0
b. In paragraph (b)(1), remove the words ``For 2017 and subsequent
programs years, provide'' and add the word ``Provide'' in its place
and;
0
c. In paragraph (b)(2), remove the words ``paragraph (b)(1) of'';
0
d. Revise paragraph (c);
0
e. In paragraph (d)(4), remove the word ``Inventory'', and add the
words ``Documentation acceptable to FSA showing inventory'' in its
place;
0
f. Revise paragraphs (f), (g) introductory text, and (h) introductory
text;
0
g. In paragraph (h)(1)(i), remove the words ``verifiable or reliable'';
0
h. Revise paragraphs (i) introductory text and (i)(1) introductory
text;
0
i. In paragraph (i)(1)(i), remove the words ``open range'' and
``verifiable;
0
j. In paragraphs (i)(1)(ii), (i)(2) introductory text, and (i)(2)(i),
remove the words ``open range'' and add the word ``unweaned'' in their
place;
0
k. Revise paragraph (i)(2)(ii);
0
l. In paragraph (i)(3), remove the words ``livestock beginning
inventory history'' and add the word ``LBIH'' in their places each time
they appear; and remove the words ``ewe and cow'' and add the words
``ewe, cow, and nanny'' in their place;
0
m. In paragraph (i)(4) introductory text, remove the words ``open
range'' and add the word ``unweaned'' in their place, and remove the
words ``livestock beginning inventory history'' and add the word
``LBIH'' in their place;
0
n. Revise paragraphs (i)(4)(i) through (iv); and
0
o. Remove paragraph (k).
The revisions read as follows:
Sec. 1416.305 Application process.
(a) A notice of loss must be accompanied by documentation
acceptable to FSA substantiating that the claimed eligible loss
condition occurred and was responsible for eligible losses. For any
notice of loss being submitted for disease exacerbated by eligible
adverse weather, the notice of loss must be accompanied by a
certification referenced in paragraph (g) of this section.
* * * * *
(c) In addition to the notice of loss required in paragraph (b) of
this section, a participant must also submit a completed application
for payment, by livestock unit for losses apparent in 2019 and
subsequent years, by no later than 60 calendar days after the end of
the calendar year in which the eligible loss condition occurred.
* * * * *
(f) For losses resulting from an eligible adverse weather event or
eligible disease, if adequate verifiable proof of death or injury
documentation is not available, the participant may provide reliable
records as proof of death or injury. Reliable records may include
contemporaneous producer records, dairy herd improvement records, brand
inspection records, vaccination records, dated pictures, and other
similar reliable documents as determined by FSA.
(g) For livestock death losses due to disease, a licensed
veterinarian's certification of livestock deaths may be accepted as
proof of death, if reliable beginning inventory data is available, only
if the veterinarian provides a written statement containing all of the
following:
* * * * *
(h) Certification of livestock deaths or injuries by third parties
may be accepted if both of the following conditions are met:
* * * * *
(i) * * *
(2) * * *
(ii) The COC will explain the procedure for the LBIH to unweaned
livestock operation. COC will determine the LBIH in accordance with
Sec. 1416.305(g).
* * * * *
(4) * * *
(i) If no acceptable livestock beginning inventory records are
available for calves, lambs, or kids, calculate the 4 transitional
livestock beginning inventory histories by multiplying the approved
birthing rate or drop rate percentage for the unweaned livestock
operation times the applicable cow, ewe, or nanny LBIH times 65
percent.
(ii) If acceptable livestock beginning inventory records are
provided for only one of the most recent 5 calendar years, calculate
the 3 transitional livestock beginning inventory histories by
multiplying the approved birthing rate or drop rate percentage for the
unweaned livestock operation times the applicable cow, ewe, or nanny
LBIH times 80 percent.
(iii) If acceptable livestock beginning inventory records are
provided for only 2 of the most recent 5 calendar years, calculate the
2 transitional livestock beginning inventory histories by multiplying
the approved birthing rate or drop rate percentage for the unweaned
livestock operation times the applicable cow, ewe, or nanny LBIH times
90 percent.
(iv) If acceptable livestock beginning inventory records are
provided for only
[[Page 10968]]
3 of the most recent 5 calendar years, calculate the one transitional
livestock beginning inventory histories by multiplying the approved
birthing rate or drop rate percentage for the unweaned livestock
operation times the applicable cow, ewe, or nanny LBIH times 100
percent.
* * * * *
Subpart E--Tree Assistance Program
Sec. 1416.400 [Amended]
0
26. Amend Sec. 1416.400 in paragraph (a) by removing the words ``by
the Bipartisan Budget Act of 2018 (Pub. L. 115-123), and the
Consolidated Appropriations Act, 2018 (Pub. L. 115-141)''.
0
27. Amend Sec. 1416.402 by adding in alphabetical order a definition
for ``Commercially viable'' and revising the definition of ``Natural
disaster'' to read as follows:
Sec. 1416.402 Definitions.
* * * * *
Commercially viable means an eligible tree, bush, or vine, though
damaged, that can rejuvenate and return to an acceptable level of
commercial production at some time with rehabilitation and without
replanting. A commercially viable tree, bush, or vine, regardless of
the extent of damage or years of reduced production, is always excluded
and never included as part of mortality under Sec. 1416.403.
* * * * *
Natural disaster means plant disease, insect infestation, drought,
fire, freeze, flood, earthquake, lightning, or other natural
occurrence. Each of these types of disasters must be extreme, abnormal,
and damaging as well as of significant magnitude or severity, as
determined by the Deputy Administrator.
* * * * *
0
28. Amend Sec. 1416.403 in paragraph (g) by adding two sentences to
the end to read as follows:
Sec. 1416.403 Eligible losses.
* * * * *
(g) * * * The qualifying mortality loss will be determined based on
the eligible trees, bushes, or vines that reached mortality, which
means that the tree, bush, or vine died, above and below ground, as a
result of an eligible natural disaster event. If an eligible tree,
bush, or vine is damaged to such an extent that it is not commercially
viable, now or at any time in the future, the tree, bush, or vine can
be considered dead in determining if the requisite qualifying mortality
loss threshold in paragraph (a) of this section is reached.
Sec. 1416.404 [Amended]
0
29. Amend Sec. 1416.404 in paragraph (a)(2) by removing the words
``occurring on or after October 1, 2011''.
Sec. 1416.405 [Amended]
0
30. Amend Sec. 1416.405 as follows:
0
a. Remove paragraph (a);
0
b. Redesignate paragraphs (b) through (e) as paragraphs (a) through
(d), respectively; and
0
c. In newly redesignated paragraph (a), remove the words ``that
occurred during the 2017 and subsequent calendar years'' and remove the
words ``by the later of December 3, 2018''.
Sec. 1416.406 [Amended]
0
31. Amend Sec. 1416.406 as follows:
0
a. In paragraphs (a)(1)(i) and (a)(2)(i), add the words ``for eligible
producers, or 75 percent of the actual cost of the practice for an
eligible producer who is a beginning or veteran farmer or rancher''
after the word ``practice'';
0
b. In paragraph (j), remove the words ``occurred on or after October 1,
2011, can not'' and add the word ``cannot'' in their place.
Richard Fordyce,
Administrator, Farm Service Agency.
Robert Stephenson,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 2020-03841 Filed 2-25-20; 8:45 am]
BILLING CODE 3410-05-P