[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Notices]
[Pages 51960-51962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18200]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / 
Notices  

[[Page 51960]]



DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

Risk Management Agency

[Docket No. FCIC-22-0003]


Notice of Funding Availability; Transitional and Organic Grower 
Assistance

AGENCY: Federal Crop Insurance Corporation and Risk Management Agency, 
U.S. Department of Agriculture (USDA).

ACTION: Notification of funding availability.

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SUMMARY: The Risk Management Agency (RMA), on behalf of the Federal 
Crop Insurance Corporation (FCIC), announces the availability of 
funding under the Transitional and Organic Grower Assistance (TOGA) 
Program. The TOGA Program aims to assist producers that transition to 
and continue using organic agricultural systems. To address the 
economic challenges that arose due to the COVID-19 pandemic, this crop 
insurance support to growers is a part of building more and better 
markets for American growers and consumers and increasing the 
resilience of the food supply chain. TOGA premium assistance will be 
applied to the premium billing statements for the 2023 reinsurance 
year, which covers applicable policies with sales closing dates from 
July 1, 2022, to June 30, 2023. For most eligible crops, the 2023 
reinsurance year is also the 2023 crop year. However, a few crops are 
in the 2023 reinsurance year but cover a different crop year. Some 
examples include raisins, California avocados, macadamia nuts, and 
several citrus crops.

FOR FURTHER INFORMATION CONTACT: Francie Tolle; telephone: (816) 926-
7829; 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

    This document specifies the terms and conditions of the TOGA 
Program. RMA, on behalf of FCIC, will administer the TOGA Program. The 
TOGA program aims to assist producers that transition to and continue 
using organic agricultural systems. To address the economic challenges 
that arose due to the COVID-19 pandemic, this crop insurance support to 
growers is a part of building more and better markets for American 
growers and consumers and increasing the resilience of the food supply 
chain. The TOGA Program provides the following benefits:
     For crops in transition to certified organic, premium 
assistance of an additional 10 percentage points of premium subsidy; 
and
     For organic grain and feed crops, an additional premium 
subsidy of up to $5 per insured acre.
    Funding is for crop policies for the 2023 reinsurance year. Funds 
from Division N of the Consolidated Appropriations Act, 2021, (Pub. L. 
116-260) will be used for the TOGA Program.
    These crop insurance incentives amplify and assist producers 
transitioning to organic agricultural systems as part of the 
Administration's commitment to climate-smart agriculture. The premium 
assistance will make crop insurance more affordable for growers as they 
transition to organic agricultural systems and continue to produce 
certified organic feed and grain crops. Participation in crop insurance 
provides assurance to banks for loans to help producers secure the 
funds they need to help pay operating costs.
    For crops in transition, the premium assistance of an additional 10 
percentage points of premium subsidy is similar to Beginning Farmer and 
Rancher and Veteran Farmer and Rancher benefits. Targeting crops in 
transition will help provide economic stability for producers as they 
transition to certified organic. The 3-year transition period requires 
producers to farm organically, while receiving a conventional price for 
their crop despite employing organic practices.
    For certified organic grain and feed crops, the premium assistance 
subsidy of up to $5 per insured acre is consistent with the Pandemic 
Cover Crop Program. Growing demand for organic products is outpacing 
domestic supply. The United States is becoming reliant on imports, 
particularly for grain and feed. Targeting organic grain and feed crops 
offers an opportunity for increased production to meet growing demand. 
Increasing local supply for these products allows for a shift in demand 
for domestic products and away from imports.
    Due to the complexity of Whole Farm Revenue Protection (WFRP) 
policies covering more than one crop and some crops being reported in 
different quantity measures, such as trees rather than acres, there is 
a separate benefit for WFRP of an additional 10 percentage points of 
premium subsidy.

Definitions

    Approved Insurance Provider (AIP) means a legal entity that has 
entered into a reinsurance agreement with FCIC for the applicable 
reinsurance year and is authorized to sell and service policies or 
plans of insurance under the Federal Crop Insurance Act.
    Crop insurance policy means an insurance policy reinsured by FCIC 
under the provisions of the Federal Crop Insurance Act, as amended. It 
does not include private plans of insurance.
    Crops in transition means crops eligible for the Federal crop 
insurance program and insured and reported under the organic 
transitional cropping practice.
    Crop year means the period within which the insured crop is 
normally grown and is designated by the calendar year in which the 
insured crop is normally harvested.
    Eligible insured certified organic acres means insured acres on 
which the producer reported a qualifying organic grain or feed crop for 
coverage during the 2023 reinsurance year.
    Eligible producer means a producer meeting all the eligibility 
requirements for the TOGA Program.
    FCIC means the Federal Crop Insurance Corporation, a wholly owned 
Government Corporation of USDA that administers the Federal crop 
insurance program.
    Insured acre(s) means the participant's share of insurable acreage 
that is insured in accordance with a

[[Page 51961]]

crop insurance policy purchased from an AIP.
    Organic grain and feed crops means crops eligible for the Federal 
crop insurance program, insured and reported under the organic 
certified cropping practice including alfalfa seed, barley, buckwheat, 
canola, corn, cultivated wild rice, dry beans, dry peas, flax, forage 
production, forage seeding, fresh market sweet corn, grain sorghum, 
hybrid corn seed, hybrid popcorn seed, hybrid sorghum seed, hybrid 
sweet corn seed, millet, oats, crops insured under the Pasture, 
Rangeland, and Forage policy, peanuts, popcorn, rice, rye, safflower, 
sesame, silage sorghum, soybeans, sunflowers, sweet corn, triticale, 
wheat, and any other crop as determined by the RMA Administrator.
    Person means an individual, partnership, association, corporation, 
estate, trust, or other legal entity, and wherever applicable, a State 
or a political subdivision or agency of a State. ``Person'' does not 
include any government agency or the U.S. Government.
    Reinsurance year means the year beginning July 1 and ending on June 
30 of the following year, identified by the year containing June.
    RMA means the Risk Management Agency, USDA.
    TOGA means Transitional and Organic Grower Assistance.
    USDA means United States Department of Agriculture.
    WFRP means Whole Farm Revenue Protection including the Micro Farm 
policy.

Eligibility for TOGA

    To be eligible for premium assistance under the TOGA Program, the 
participant must be a person who is eligible to receive Federal 
benefits and who has purchased a 2023 reinsurance year additional 
coverage crop insurance policy for crops in transition or a certified 
organic grain or feed crop.
    The added premium assistance for the TOGA Program can be in 
addition to premium assistance received from any other premium subsidy 
assistance sources.
    WFRP policies with crops in transition or certified organic 
practice crops are eligible for premium assistance of an additional 10 
percentage points of premium subsidy. Eligible producers who have 
individual crop insurance policies for crops in transition or organic 
grain and feed crops in addition to their WFRP policy will receive the 
premium assistance on both the individual crop insurance policies and 
WFRP policy, as applicable.
    Stacked Income Protection Plan (STAX) and Margin Protection (MP) 
policies are only eligible for TOGA when insured as a standalone crop 
insurance policy.

Ineligibility

    Participants who are in violation of Highly Erodible Land or 
Wetlands Conservation (16 U.S.C. 3811, 3812, and 3821) are not eligible 
for premium support under the TOGA Program.
    Supplemental Coverage Option, Enhanced Coverage Option, Post-
Application Coverage Endorsement, and Hurricane Insurance Protection--
Wind Index options or endorsements are not eligible for TOGA.
    STAX and MP endorsements to underlying policies are not eligible 
for TOGA.

Funding Available

    The total funding available for the TOGA Program is $25 million. 
When the total premium support sum of $25 million for the TOGA Program 
are reached or may be reached, the RMA Administrator may suspend the 
program at their sole discretion.

Calculating and Accounting TOGA Program Amounts

    For eligible 2023 reinsurance year crop insurance policies, for 
crops in transition, the TOGA Program will provide an additional 10 
percentage points of premium subsidy, calculated on a total premium 
basis for the crops in transition, with a maximum equal to the amount 
of premium owed by the eligible producer. If the full amount under the 
TOGA Program would result in a negative premium balance for the 
producer, the TOGA Program amount will be limited to the full amount of 
premium owed.
    For eligible 2023 reinsurance year crop insurance policies, for 
eligible insured certified organic acres, the TOGA Program will provide 
an additional premium subsidy of $5 per insured acre, with a maximum 
equal to the amount of premium owed by the producer. Amounts under the 
TOGA Program are limited to the full amount of premium owed by the 
producer for the eligible insured certified organic acres. If the full 
amount under the TOGA Program would result in a negative premium 
balance for the producer on a per insured acre basis, the TOGA Program 
amounts will be limited to the full amount of premium owed on a per 
insured acre basis.
    For eligible 2023 reinsurance year WFRP policies with crops in 
transition or certified organic practice, the TOGA Program will provide 
an additional 10 percentage points of premium subsidy, calculated on a 
total premium basis, with a maximum equal to the amount of premium owed 
by the eligible producer. If the full amount under the TOGA Program 
would result in a negative premium balance for the producer, the TOGA 
Program amounts will be limited to the full amount of premium owed.
    All other Federal premium assistance will be applied before TOGA 
premium assistance. If the crop insurance policy is amended for any 
reason, such as overreporting, the amount under the TOGA Program will 
be based on the crop insurance policy after any such amendment.
    The amount under the TOGA Program will not be paid directly to 
participants but will be accounted for in calculating total producer 
premium due from producers for the crop and reflected in their premium 
bills, and as subject to the applicable premium billing date. All bills 
still follow the same terms and conditions specified in the crop 
insurance policy, regardless of the TOGA Program amounts.
    The payment limitations in 7 CFR 760.1507 are not applicable to the 
TOGA Program.
    TOGA premium support will be provided via premium billing 
adjustments on the applicable billing statements for crops in 
transition and organic grain or feed crops. RMA will use all necessary 
records provided by AIPs, including producer crop insurance forms to 
determine eligibility. The eligible producers do not need to provide 
any additional information to their crop insurance agent to enroll in 
the TOGA Program.
    If any TOGA Program amount is determined to be incorrect, the 
amount will be recalculated until the applicable reinsurance year 
annual settlement date, unless otherwise specified by the RMA 
Administrator. After that date, the amount will be final except in 
cases of misrepresentation, fraud, scheme, or device.

Paperwork Reduction Act Requirements

    In accordance with the provisions of the Paperwork Reduction Act of 
1995 (44 U.S.C. chapter 35, subchapter I), the notice does not change 
the information collection approved by OMB under control numbers 0563-
0053.

Environmental Review

    The environmental impacts of this final rule have been considered 
in a manner consistent with the provisions of the National 
Environmental Policy

[[Page 51962]]

Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on 
Environmental Quality (40 CFR parts 1500-1508), and because USDA will 
be making the payments to producers, the USDA regulation for compliance 
with NEPA (7 CFR part 1b). As specified in 7 CFR 1b.4, FCIC is 
categorically excluded from the preparation of an Environmental 
Assessment or Environmental Impact Statement unless the FCIC Manager 
(agency head) determines that an action may have a significant 
environmental effect. The FCIC Manager has determined this notice will 
not have a significant environmental effect. Therefore, FCIC will not 
prepare an environmental assessment or environmental impact statement 
for this action, and this notice serves as documentation of the 
programmatic environmental compliance decision.

Federal Assistance Programs

    The title and number of the Federal assistance programs, as found 
in the Assistance Listing,\1\ to which this document applies is 
10.450--Crop Insurance.
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    \1\ See https://sam.gov/content/assistance-listings.
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USDA Non-Discrimination Policy

    In accordance with Federal civil rights law and 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.

Marcia Bunger,
Manager, Federal Crop Insurance Corporation; and Administrator, Risk 
Management Agency.
[FR Doc. 2022-18200 Filed 8-23-22; 8:45 am]
BILLING CODE 3410-08-P