[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Notices]
[Pages 19465-19470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06950]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency

[Docket ID FSA-2022-0004]


Notice of Funds Availability; Emergency Livestock Relief Program 
(ELRP)

AGENCY: Farm Service Agency, USDA.

ACTION: Notification of funding availability.

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SUMMARY: The Farm Service Agency (FSA) is issuing this notice 
announcing the new Emergency Livestock Relief Program (ELRP). This 
document provides the eligibility requirements and payment calculation 
for the first phase of ELRP assistance, which will provide payments to 
producers who faced increased supplemental feed costs as a result of 
forage losses due to a qualifying drought or wildfire in calendar year 
2021 using data already submitted to FSA through the Livestock Forage 
Disaster Program (LFP).

DATES: Funding availability: Implementation will begin April 4, 2022.

FOR FURTHER INFORMATION CONTACT: Kimberly Graham; telephone: (202) 720-
6825; email: [email protected]. Persons with disabilities who 
require alternative means for communication should contact the USDA 
Target Center at (202) 720-2600 (voice) or (844) 433-2774 (toll-free 
nationwide).

SUPPLEMENTARY INFORMATION:

Background

    The Extending Government Funding and Delivering Emergency 
Assistance Act, (Division B, Title I, Pub. L. 117-43) provides $10 
billion for necessary expenses related to losses of crops (including 
milk, on-farm stored commodities, crops prevented from planting in 2020 
and 2021, and harvested adulterated wine grapes), trees, bushes, and 
vines, as a consequence of droughts, wildfires, hurricanes, floods, 
derechos, excessive heat, winter storms, freeze, including a polar 
vortex, smoke exposure, quality losses of crops, and excessive moisture 
occurring in calendar years 2020 and 2021. From the $10 billion, the 
Secretary of Agriculture is to use $750 million to assist producers of 
livestock for losses incurred during calendar year 2021 due to 
qualifying droughts or wildfires. The livestock producers who suffered 
losses due to drought are eligible for assistance if any area within 
the county in which the loss occurred was rated by the U.S. Drought 
Monitor as having a D2 (severe drought) for eight consecutive weeks or 
a D3 (extreme drought) or higher level of drought intensity during the 
applicable year.

[[Page 19466]]

    FSA will assist livestock producers through ELRP. This document 
provides the eligibility requirements and payment calculation for Phase 
1 of ELRP, which will assist eligible livestock producers who faced 
increased supplemental feed costs as a result of forage losses due to a 
qualifying drought or wildfire in calendar year 2021. For eligible 
producers, ELRP Phase 1 will pay for a portion of the increased feed 
costs in 2021 based on the number of animal units (AU), limited by 
available grazing acreage, in eligible drought counties. Although 
payments made under the Livestock Forage Disaster Program (LFP) do not 
have a direct correlation to the increased feed costs incurred, in 
order to deliver this assistance quickly, for Phase 1, FSA is using 
certain LFP data and a percentage of the payment made through LFP 
applications will be used as a proxy for these increased supplemental 
feed costs to eliminate the requirement for producers to resubmit 
information for ELRP Phase 1.
    According to the US Drought Monitor, more than one-third of the 
country was categorically in a ``D-2 Severe'' to ``D-3 Exceptional'' 
drought throughout the entire calendar year 2021. Extreme drought 
predominately affected areas highly concentrated with rangeland needed 
for livestock production, therefore drought and wildfire caused 
economic hardship on producers that were reliant on rangeland, 
requiring them to purchase supplemental feed at elevated prices to 
sustain production throughout 2021 and not just during the normal 
grazing periods. Due to the excessive and expansive drought and 
wildfires in 2021, livestock participants:
     Suffered extreme grazing losses;
     Incurred related costs to purchase feed in the grazing 
period, which is limited to a 5-month maximum period under LFP;
     Purchased feed, beyond normal for a drought year, to 
supplement grazing and to support livestock outside of the grazing 
period because forage was not available for harvest and storage; and
     Were faced with higher feed costs during 2021 due to less 
availability of feed resulting from drought severity and feed cost 
inflation.
    LFP provided payments to eligible owners and contract growers of 
covered livestock who suffered livestock grazing losses due to 
qualifying drought or fire \1\ not to exceed five months during the 
grazing period based on the documented livestock inventory eligible for 
LFP. The gross LFP calculated payment represented a 60 percent 
reimbursement of monthly feed costs for a maximum of 5 months, based on 
a feed grain equivalent that is calculated according to 7 CFR 1416.207 
as specified in 7 U.S.C. 9081(c), which uses the higher of the national 
average corn price per bushel for the 12- or 24-month period 
immediately preceding March 1 of the calendar year. Because LFP 
requires the use of this period, it does not take into account any 
increases in price paid for supplemental feed during 2021. For LFP, the 
2021 monthly value of forage, resulted in an LFP payment rate of $18.71 
per month per eligible animal unit for drought and the rate for fire is 
based on the number of fire-restricted days and was not a single rate.
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    \1\ A grazing loss due to drought qualifies for LFP only if the 
grazing loss occurs on land that is native or improved pastureland 
with permanent vegetative cover or is planted to a crop planted 
specifically for the purpose of providing grazing for covered 
livestock, and the land is physically located in a county rated by 
the U.S. Drought Monitor as having a D2 (severe drought) intensity 
for at least 8 consecutive weeks or D3 (extreme drought) or D4 
(exceptional drought) intensity at any time during the normal 
grazing period for the specific type of grazing land or pastureland.
    A grazing loss due to fire qualifies for LFP only if the grazing 
loss occurs on rangeland that is managed by a Federal agency and the 
eligible livestock producer is prohibited by the Federal agency from 
grazing the normal permitted livestock on the managed rangeland due 
to a fire.
    See 7 CFR 1416.205 for further information on eligible grazing 
losses under LFP.
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    LFP does not compensate for the increased costs of supplemental 
feed during 2021 due to drought and wildfires in 2021.
    The actual cost of supplemental feed prices, based on corn, 
alfalfa, and soybean meal, increased substantially in 2021, compared to 
previous years. Using the Dairy Margin Coverage (DMC) program model for 
an adequate supplemental feed ratio, the 5-year average (2016 through 
2020) cost to maintain 1 AU for one month was $61.28, compared to the 
actual average cost from January through October, 2021 of $85.68 per 
month, an increase of 39.82 percent.
    The cost of feeding one AU per month increased in 2021 compared to 
the 5-year average by $24.40 ($85.68 minus $61.28) for livestock 
producers affected by drought and wildfires, which was not covered by 
LFP. See Table 1.

                                            Table 1--2021 Calculated Costs (DMC Model) to Maintain 1 AU/Month
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                                                                                                                                          % of increased
                                                             2021 cost                                                         ELRP        supplemental
                                                              (corn,        Increase in      2021 LFP      ELRP payment     calculated     feed costs in
        5 Year avg (corn, alfalfa, soybean meal)             alfalfa,        cost 2021    Payment rate *    percentage    benefit/month/       2021
                                                           soybean meal)                                                    eligible AU   compensated by
                                                                                                                                           ELRP phase 1
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$61.28..................................................          $85.68          $24.40          $18.71              75          $14.03            57.5
                                                                                                                      90           16.84            69.0
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* The 2021 LFP payment rate may be adjusted according to LFP provisions in 7 CFR 1416.207 for mitigated livestock and restricted grazed animal units due
  to a qualifying fire.

    The ELRP Phase 1 calculated benefit is based on using the LFP 
payment rate of $18.71 per animal unit per month; calculated as 
follows:
    75% x $18.71 = $14.03 (equivalent to 57.5 percent of increased 
supplemental feed costs in 2021) and
    90% x $18.71 = $16.84 (equivalent to 69 percent of increased 
supplemental feed costs in 2021).
    To stay within the available funding, ELRP Phase 1 payments for 
increased supplemental feed costs in 2021 are 90 percent of the gross 
LFP calculated payment for historically underserved farmers and 
ranchers and 75 percent of the gross LFP calculated payment for all 
other producers, which equates to 57.5 percent and 69 percent, 
respectively, of the estimated increases in supplemental feed costs in 
2021 for eligible producers.
    Because FSA is using LFP information to generate a reasonable 
approximation for the costs covered by ELRP Phase 1, no action is 
required for eligible

[[Page 19467]]

producers to receive these payments. FSA is continuing to evaluate the 
impacts of drought and wildfire in calendar year 2021, and if 
additional ELRP assistance for livestock producers is necessary, it 
will be announced as Phase 2 in a subsequent document to be published 
in the Federal Register.

Definitions

    The definitions in 7 CFR parts 718, 1400, and 1416 apply to ELRP, 
except as otherwise provided in this document. The following 
definitions also apply.
    Beginning farmer or rancher means a farmer or rancher who has not 
operated a farm or ranch for more than 10 years and who materially and 
substantially participates in the operation. For a legal entity to be 
considered a beginning farmer or rancher, at least 50 percent of the 
interest must be beginning farmers or ranchers.
    Historically underserved farmer or rancher means a beginning farmer 
or rancher, limited resource farmer or rancher, socially disadvantaged 
farmer or rancher, or veteran farmer or rancher.
    Income derived from farming, ranching, and forestry operations 
means income of an individual or entity derived from:

    (1) Production of crops, specialty crops, and unfinished raw 
forestry products;
    (2) Production of livestock, aquaculture products used for food, 
honeybees, and products derived from livestock;
    (3) Production of farm-based renewable energy;
    (4) Selling (including the sale of easements and development 
rights) of farm, ranch, and forestry land, water or hunting rights, 
or environmental benefits;
    (5) Rental or lease of land or equipment used for farming, 
ranching, or forestry operations, including water or hunting rights;
    (6) Processing, packing, storing, and transportation of farm, 
ranch, forestry commodities including renewable energy;
    (7) Feeding, rearing, or finishing of livestock;
    (8) Payments of benefits, including benefits from risk 
management practices, crop insurance indemnities, and catastrophic 
risk protection plans;
    (9) Sale of land that has been used for agricultural purposes;
    (10) Payments and benefits authorized under any program made 
available and applicable to payment eligibility and payment 
limitation rules;
    (11) Income reported on Internal Revenue Service (IRS) Schedule 
F or other schedule used by the person or legal entity to report 
income from such operations to the IRS;
    (12) Wages or dividends received from a closely held 
corporation, and IC-DISC or legal entity comprised entirely of 
family members when more than 50 percent of the legal entity's gross 
receipts for each tax year are derived from farming, ranching, or 
forestry activities as defined in this part; and
    (13) Any other activity related to farming, ranching, and 
forestry, as determined by the Deputy Administrator for Farm 
Programs (Deputy Administrator).

    LFP means the Livestock Forage Disaster Program under section 1501 
of the Agricultural Act of 2014 (7 U.S.C. 9081) and 7 CFR part 1416, 
subpart C.
    Limited resource farmer or rancher means a farmer or rancher who is 
both of the following:

    (1) A person whose direct or indirect gross farm sales did not 
exceed $179,000 (the amount applicable to the 2021 program year) in 
each of the 2018 and 2019 calendar years; and
    (2) A person whose total household income was at or below the 
national poverty level for a family of four in each of the same two 
previous years referenced in paragraph (1) of this definition. 
Limited resource farmer or rancher status can be determined using a 
website available through the Limited Resource Farmer and Rancher 
Online Self Determination Tool through National Resources and 
Conservation Service at https://lrftool.sc.egov.usda.gov.

    For an entity to be considered a limited resource farmer or 
rancher, all members who hold an ownership interest in the entity must 
meet the criteria in paragraphs (1) and (2) of this definition.
    Ownership interest means to have either a legal ownership interest 
or a beneficial ownership interest in a legal entity. For the purposes 
of administering ELRP, a person or legal entity that owns a share or 
stock in a legal entity that is a corporation, limited liability 
company, limited partnership, or similar type entity where members hold 
a legal ownership interest and shares in the profits or losses of such 
entity is considered to have an ownership interest in such legal 
entity. A person or legal entity that is a beneficiary of a trust or 
heir of an estate who benefits from the profits or losses of such 
entity is considered to have a beneficial ownership interest in such 
legal entity.
    Socially disadvantaged farmer or rancher means a farmer or rancher 
who is a member of a group whose members have been subjected to racial, 
ethnic, or gender prejudice because of their identity as members of a 
group without regard to their individual qualities. For entities, at 
least 50 percent of the ownership interest must be held by individuals 
who are members of such a group. Socially disadvantaged groups include 
the following and no others unless approved in writing by the Deputy 
Administrator:

    (1) American Indians or Alaskan Natives;
    (2) Asians or Asian-Americans;
    (3) Blacks or African Americans;
    (4) Hispanics or Hispanic Americans;
    (5) Native Hawaiians or other Pacific Islanders; and
    (6) Women.

    U.S. Drought Monitor is a system for classifying drought severity 
according to a range of abnormally dry to exceptional drought. It is a 
collaborative effort between Federal and academic partners, produced on 
a weekly basis, to synthesize multiple indices, outlooks, and drought 
impacts on a map and in narrative form. This synthesis of indices is 
reported by the National Drought Mitigation Center at http://droughtmonitor.unl.edu.
    Veteran farmer or rancher means a farmer or rancher who has served 
in the Armed Forces (as defined in 38 U.S.C. 101(10) \2\) and:
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    \2\ The term ``Armed Forces'' means the United States Army, 
Navy, Marine Corps, Air Force, Space Force, and Coast Guard, 
including the reserve components.

    (1) Has not operated a farm or ranch for more than 10 years; or
    (2) Has obtained status as a veteran (as defined in 38 U.S.C. 
101(2) \3\) during the most recent 10-year period.
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    \3\ The term ``veteran'' means a person who served in the active 
military, naval, air, or space service, and who was discharged or 
released under conditions other than dishonorable.

    For an entity to be considered a veteran farmer or rancher, at 
least 50 percent of the ownership interest must be held by members who 
have served in the Armed Forces and meet the criteria in paragraph (1) 
or (2) of this definition.
    Wildfire for ELRP Phase 1 means fire as used in 7 CFR part 1416, 
subpart C.

Eligible Livestock Producers

    Eligible livestock producers for ELRP Phase 1 are producers with an 
approved 2021 LFP application. For ELRP Phase 1, the eligibility 
criteria applicable to LFP (7 CFR part 1416, subparts A and C) also 
applies to ELRP Phase 1, excluding the LFP average adjusted gross 
income (AGI) limitation. FSA will use livestock inventories, forage 
acreage, restricted animal units and grazing days due to fire, and 
drought intensity levels already reported to FSA for the 2021 Livestock 
Forage Disaster Program Application \4\ (on form number CCC-853), to 
determine eligibility and calculate a ELRP Phase 1 payment, if 
applicable. Eligible livestock producers are not required to submit an 
application for ELRP Phase 1; however, they must have the following 
additional forms on file with FSA within 60-days of ELRP deadline 
announced by the

[[Page 19468]]

Deputy Administrator to be eligible to receive a payment:
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    \4\ As provided in 7 CFR 1416.206 and publicized by FSA, the LFP 
application deadline for the 2021 program year was January 31, 2022.
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     Form AD-2047, Customer Data Worksheet;
     Form CCC-902, Farm Operating Plan for an individual or 
legal entity as provided in 7 CFR part 1400;
     Form CCC-901, Member Information for Legal Entities (if 
applicable); and
     A highly erodible land conservation (sometimes referred to 
as HELC) and wetland conservation certification as provided in 7 CFR 
part 12 (form AD-1026, Highly Erodible Land Conservation (HELC) and 
Wetland Conservation (WC) Certification) for the ELRP producer and 
applicable affiliates.
    For a producer to be eligible for a payment based on the higher 
payment rate for eligible historically underserved farmers or ranchers 
or increased payment limitation as described below, the following must 
be submitted within 60-days of the ELRP deadline announced by the 
Deputy Administrator:
     Form CCC-860, Socially Disadvantaged, Limited Resource, 
Beginning and Veteran Farmer or Rancher Certification, applicable for 
the 2021 program year \5\; or
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    \5\ A producer who has filed CCC-860 certifying their status as 
a socially disadvantaged, beginning, or veteran farmer or rancher 
for a prior program year is not required to submit a subsequent 
certification of their status for the 2021 program year because a 
producer's status as socially disadvantaged would not change in 
different years, and their certification as a beginning or veteran 
farmer or rancher includes the relevant date needed to determine for 
what programs years the status would apply. Because a producer's 
status as a limited resource farmer or rancher may change annually 
depending on the producer's direct and indirect gross farm sales, 
those producers must submit CCC-860 for each applicable program 
year.
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     FSA-510, Request for an Exception to the $125,000 Payment 
Limitation for Certain Programs, accompanied by a certification from a 
certified public accountant or attorney as to that person or legal 
entity's certification, for a legal entity and all members of that 
entity.

Payment Calculation

    The ELRP Phase 1 payment will be equal to the eligible livestock 
producer's gross 2021 LFP calculated payment \6\ multiplied by the 
applicable ELRP payment percentage. The ELRP Phase 1 payment percentage 
will be 90 percent for historically underserved farmers and ranchers, 
and 75 percent for all other producers.
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    \6\ The gross LFP calculated payment is the amount calculated 
according to 7 CFR 1416.207, prior to any payment reductions for 
reasons including, but not limited to, sequestration, payment 
limitation, and the applicant or member of an applicant that is an 
entity exceeding the average AGI limitation.
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    For example, a historically underserved eligible livestock 
producer's gross 2021 LFP calculation payment is $10,000 multiplied by 
the 90 percent ELRP payment percentage results in an ELRP Phase 1 
payment of $9,000. This ELRP payment is intended to represent a 
reasonable approximation of 69 percent of the increased supplemental 
feed costs for that producer in 2021.
    Form CCC-860, Socially Disadvantaged, Limited Resource, Beginning 
and Veteran Farmer or Rancher Certification, must be on file with FSA 
with a certification applicable for the 2021 program year to receive 
the higher ELRP payment rate of 90 percent.
    FSA will issue ELRP Phase 1 payments as 2021 LFP applications are 
processed and approved. If a producer files the CCC-860 or FSA-510 form 
and the accompanying certification by the deadline announced by the 
Deputy Administrator but after their ELRP Phase 1 payment is issued, 
FSA will recalculate the ELRP Phase 1 payment and issue the additional 
calculated amount as applicable.

Payment Limitation

    The payment limitation for ELRP is determined by the person's or 
legal entity's average adjusted gross farm income (income derived from 
farming, ranching, and forestry operations). Specifically, a person or 
legal entity, other than a joint venture or general partnership, cannot 
receive, directly or indirectly, more than $125,000 in payments under 
ELRP if their average adjusted gross farm income is less than 75 
percent of their average AGI for tax years 2017, 2018, and 2019. If at 
least 75 percent of the person or legal entity's average AGI is derived 
from farming, ranching, or forestry related activities and the 
participant provides the required certification and documentation, as 
discussed below, the person or legal entity, other than a joint venture 
or general partnership, is eligible to receive, directly or indirectly, 
up to $250,000 in ELRP payments. The relevant tax years for 
establishing a producer's AGI and percentage derived from farming, 
ranching, or forestry related activities for ELRP are 2017, 2018, and 
2019. To receive more than $125,000 in ELRP payments, producers must 
submit form FSA-510, accompanied by a certification from a certified 
public accountant or attorney as to that person or legal entity's 
certification. If a producer requesting the $250,000 payment limitation 
is a legal entity, all members of that entity must also complete FSA-
510 and provide the required certification according to the direct 
attribution provisions in 7 CFR 1400.105, ``Attribution of Payments.'' 
If a legal entity would be eligible for the $250,000 payment limitation 
based on the legal entity's average AGI from farming, ranching, or 
forestry related activities but a member of that legal entity either 
does not complete an FSA-510 and provide the required certification or 
is not eligible for the $250,000 payment limitation, the payment to the 
legal entity will be reduced for the limitation applicable to the share 
of the ELRP payment attributed to that member.
    A payment made to a legal entity will be attributed to those 
members who have a direct or indirect ownership interest in the legal 
entity unless the payment of the legal entity has been reduced by the 
proportionate ownership interest of the member due to that member's 
ineligibility.
    Attribution of payments made to legal entities will be tracked 
through four levels of ownership in legal entities as follows:
     First level of ownership: Any payment made to a legal 
entity that is owned in whole or in part by a person will be attributed 
to the person in an amount that represents the direct ownership 
interest in the first-level or payment legal entity;
     Second level of ownership: Any payment made to a first-
level legal entity that is owned in whole or in part by another legal 
entity (referred to as a second-level legal entity) will be attributed 
to the second-level legal entity in proportion to the ownership of the 
second-level legal entity in the first-level legal entity; if the 
second-level legal entity is owned in whole or in part by a person, the 
amount of the payment made to the first-level legal entity will be 
attributed to the person in the amount that represents the indirect 
ownership in the first-level legal entity by the person;
     Third and fourth levels of ownership: Except as provided 
in the second-level of ownership bullet above and in the fourth-level 
of ownership bullet below, any payments made to a legal entity at the 
third and fourth levels of ownership will be attributed in the same 
manner as specified in the second level of ownership bullet above; and
     Fourth level of ownership: If the fourth level of 
ownership is that of a legal entity and not that of a person, a 
reduction in payment will be applied to the first-level or payment 
legal entity in the amount that represents the indirect ownership in 
the first-level or payment legal entity by the fourth-level legal 
entity.

[[Page 19469]]

    Payments made directly or indirectly to a person who is a minor 
child will not be combined with the earnings of the minor's parent or 
legal guardian.
    A producer that is a legal entity must provide the names, 
addresses, ownership share, and valid taxpayer identification numbers 
of the members holding an ownership interest in the legal entity. 
Payments to a legal entity will be reduced in proportion to a member's 
ownership share when a valid taxpayer identification number for a 
person or legal entity that holds a direct or indirect ownership 
interest, at the first through fourth levels of ownership in the 
business structure, is not provided to FSA.
    If an individual or legal entity is not eligible to receive ELRP 
payments due to the individual or legal entity failing to satisfy 
payment eligibility provisions, the payment made either directly or 
indirectly to the individual or legal entity will be reduced to zero. 
The amount of the reduction for the direct payment to the producer will 
be commensurate with the direct or indirect ownership interest of the 
ineligible individual or ineligible legal entity. Like other programs 
administered by FSA, payments made to an 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), will not 
be subject to payment limitation.

Provisions Requiring Refund to FSA

    In the event that any ELRP Phase 1 payment resulted from erroneous 
information reported by the producer or if the producer's 2021 LFP 
payment is recalculated after the ELRP Phase 1 payment is issued, the 
ELRP Phase 1 payment will be recalculated, and the producer must refund 
any excess payment to FSA, including interest to be calculated from the 
date of the disbursement to the producer. If FSA determines that the 
producer intentionally misrepresented information used to determine the 
producer's ELRP Phase 1 payment amount, the application will be 
disapproved and the producer must refund the full payment to FSA with 
interest from the date of disbursement. Any required refunds must be 
resolved in accordance with debt settlement regulations in 7 CFR part 
3.

General Provisions

    General requirements that apply to other FSA-administered commodity 
programs also apply to ELRP, including compliance with the provisions 
of 7 CFR part 12, ``Highly Erodible Land and Wetland Conservation,'' 
and the provisions of 7 CFR 718.6, which address ineligibility for 
benefits for offenses involving controlled substances. Appeal 
regulations in 7 CFR parts 11 and 780 and equitable relief and finality 
provisions in 7 CFR part 718, subpart D, apply to determinations under 
ELRP. The determination of matters of general applicability that are 
not in response to, or result from, an individual set of facts are not 
matters that can be appealed. Such matters of general applicability 
include, but are not limited to, the ELRP Phase 1 eligibility criteria 
and payment calculation.
    Participants are required to retain documentation in support of 
their application for 3 years after the date of approval. Participants 
receiving ELRP payments or any other person who furnishes such 
information to USDA must permit authorized representatives of USDA or 
the Government Accountability Office, during regular business hours, to 
enter the agricultural operation and to inspect, examine, and to allow 
representatives to make copies of books, records, or other items for 
the purpose of confirming the accuracy of the information provided by 
the participant.
    The Deputy Administrator has the discretion and authority to waive 
or modify filing deadlines and other requirements or program provisions 
not specified in law, in cases where the Deputy Administrator 
determines it is equitable to do so and where the Deputy Administrator 
finds that the lateness or failure to meet such other requirements or 
program provisions do not adversely affect the operation of ELRP. 
Although producers have a right to a decision on whether they filed 
applications by the deadline or not, producers have no right to a 
decision in response to a request to waive or modify deadlines or 
program provisions. The Deputy Administrator's refusal to exercise 
discretion to consider the request will not be considered an adverse 
decision and is, by itself, not appealable.
    Any payment under ELRP 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 ELRP payments.
    In either applying for or participating in ELRP, or both, the 
producer is subject to laws against perjury and any penalties and 
prosecution resulting therefrom, with such laws including but not 
limited to 18 U.S.C. 1621. If the producer willfully makes and 
represents as true any verbal or written declaration, certification, 
statement, or verification that the producer knows or believes not to 
be true, in the course of either applying for or participating in ELRP, 
or both, then the producer is guilty of perjury and, except as 
otherwise provided by law, may be fined, imprisoned for not more than 5 
years, or both, regardless of whether the producer makes such verbal or 
written declaration, certification, statement, or verification within 
or outside the United States.
    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 ELRP but only as to beneficiaries who, as a condition of 
the waiver, agree to apply the ELRP payments to reduce the amount of 
the judgment lien.
    In addition to any other Federal laws that apply to ELRP, the 
following laws apply: 15 U.S.C. 714; and 18 U.S.C. 286, 287, 371, and 
1001.

Paperwork Reduction Act Requirements

    In accordance with the Paperwork Reduction Act, the information 
collection request that supports Emergency Livestock Relief Program 
(ELRP) was submitted to OMB for emergency approval. OMB approved the 6-
month emergency information collection. This new ELRP will be available 
to the producers up to 6 months only.

Environmental Review

    The environmental impacts have been considered in a manner 
consistent with the provisions of the National Environmental Policy Act 
(NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on 
Environmental Quality (40 CFR parts 1500-1508), and the FSA regulation 
for compliance with NEPA (7 CFR part 799).
    As previously stated, ELRP Phase 1 is providing payments to 
eligible livestock producers who faced increased supplemental feed 
costs as a result of forage losses due to a qualifying drought or 
wildfire in calendar year 2021. The limited discretionary aspects of 
ELRP do not have the potential to impact the human environment as they 
are administrative. Accordingly, these discretionary aspects are 
covered by the FSA Categorical Exclusions specified in Sec.  
799.31(b)(6)(iv) that applies 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 Sec.  
799.31(b)(6)(vi) that applies to safety net programs.
    No Extraordinary Circumstances (Sec.  799.33) exist. As such, the 
implementation of ELRP and the

[[Page 19470]]

participation in ELRP do not constitute major Federal actions that 
would significantly affect the quality of the human environment, 
individually or cumulatively. Therefore, FSA will not prepare an 
environmental assessment or environmental impact statement for this 
action and this document serves as documentation of the programmatic 
environmental compliance decision for this federal action.

Federal Assistance Programs

    The title and number of the Federal assistance programs, as found 
in the Assistance Listing \7\ (formerly referred to as the Catalog of 
Federal Domestic Assistance), to which this document applies is 
10.148--Emergency Livestock Relief Program.
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    \7\ See https://sam.gov/content/assistance-listings.
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USDA Non-Discrimination Policy

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, USDA, its 
Agencies, offices, and employees, and institutions participating in or 
administering USDA programs are prohibited from discriminating based on 
race, color, national origin, religion, sex, gender identity (including 
gender expression), sexual orientation, disability, age, marital 
status, family or parental status, income derived from a public 
assistance program, political beliefs, or reprisal or retaliation for 
prior civil rights activity, in any program or activity conducted or 
funded by USDA (not all bases apply to all programs). Remedies and 
complaint filing deadlines vary by program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (for example, braille, large 
print, audiotape, American Sign Language, etc.) should contact the 
responsible Agency or USDA TARGET Center at (202) 720-2600 or 844-433-
2774 (toll-free nationwide). Additionally, program information may be 
made available in languages other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office or write a letter addressed to USDA and provide in 
the letter all the information requested in the form. To request a copy 
of the complaint form, call (866) 632-9992. Submit your completed form 
or letter to USDA by mail to: U.S. Department of Agriculture, Office of 
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, 
Washington, DC 20250-9410 or email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Zach Ducheneaux,
Administrator, Farm Service Agency.
[FR Doc. 2022-06950 Filed 4-1-22; 8:45 am]
BILLING CODE 3410-05-P