[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Notices]
[Page 68125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18993]


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 Notices
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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. 89 , No. 164 / Friday, August 23, 2024 / 
Notices  

[[Page 68125]]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency

[Docket ID FSA-2023-0020]


Notice; Emergency Relief Program 2022 (ERP 2022)

AGENCY: Farm Service Agency, USDA.

ACTION: Notice.

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SUMMARY: The Farm Service Agency (FSA) is issuing this notice to 
announce the actions it is taking to comply with a preliminary 
injunction related to payment calculations for ERP 2022.

FOR FURTHER INFORMATION CONTACT: Kathy Sayers; telephone: (202) 720-
6825; email: [email protected]. Individuals who require alternative 
means for communication should contact the USDA Target Center at (202) 
720-2600 (voice and text telephone (TTY)) or dial 711 for 
Telecommunications Relay service (both voice and text telephone users 
can initiate this call from any telephone).

SUPPLEMENTARY INFORMATION:

Background

    FSA announced ERP 2022 in a notice published in the Federal 
Register on October 21, 2023 (88 FR 74404-74419). The application 
period for ERP 2022 began on October 31, 2023.\1\ On June 7, 2024, the 
United States District Court for the Northern District of Texas, 
Amarillo Division, issued a preliminary injunction in Rusty Strickland 
et al. v. U.S. Dept. of Agriculture et al. (Case No. 2:24-CV-60-Z) 
enjoining USDA ``from making or increasing payments, or providing any 
additional relief, based on its `socially disadvantaged farmer or 
rancher' designation under [ERP 2022], whether used directly or as a 
subset of its `underserved farmer or rancher' designation.'' \2\
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    \1\ The current deadlines to submit ERP 2022 applications and 
eligibility documentation were announced on July 15, 2024. See 
https://www.fsa.usda.gov/news-room/news-releases/2024/usda-announces-august-14-application-deadline-for-emergency-relief-program-assistance-for-commodity-and-specialty-crop-producers-impacted-by-2022-natural-disasters.
    \2\ As defined in the October 21, 2023, Notice of Funds 
Availability, ``socially disadvantaged farmer or rancher'' means a 
farmer or rancher who is a member of a group whose members have been 
subjected to racial, ethnic, or gender prejudice because of their 
identity as members of a group without regard to their individual 
qualities. For entities, at least 50 percent of the ownership 
interest must be held by individuals who are members of such a 
group. Socially disadvantaged groups include the following and no 
others unless approved in writing by the Deputy Administrator:
    (1) American Indians or Alaskan Natives;
    (2) Asians or Asian-Americans;
    (3) Blacks or African Americans;
    (4) Hispanics or Hispanic Americans;
    (5) Native Hawaiians or other Pacific Islanders; and
    (6) Women.
    ``Underserved farmer or rancher'' means a beginning farmer or 
rancher, limited resource farmer or rancher, socially disadvantaged 
farmer or rancher, or veteran farmer or rancher.
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    The Notice of Funds Availability includes the following provisions 
related to the payment calculations that were applicable only to 
underserved farmers or ranchers:
     For Track 1, the payment calculation provides a refund of 
an underserved farmer or rancher's share of the premium and fee for 
crop insurance or Noninsured Crop Disaster Assistance Program coverage; 
and
     For Track 2, the payment calculation provides an increase 
to an underserved farmer or rancher's payment that is equal to 15 
percent of the gross Track 2 payment after progressive factoring, not 
to exceed the calculated Track 2 payment before progressive factoring.
    Upon issuance of the preliminary injunction, and in order to comply 
with the preliminary injunction, FSA took action to immediately halt 
ERP 2022 payments while FSA evaluated the scope of changes that would 
be required. This notice announces that FSA is resuming issuance of ERP 
2022 payments; however, consistent with the preliminary injunction, 
payments to socially disadvantaged farmers or ranchers will be subject 
to a modified payment calculation that does not include the refund of 
premiums and fees under Track 1 or the 15 percent increase under Track 
2 described above. If the preliminary injunction is lifted, with 
available funds, FSA will make or update payments to affected and 
eligible socially disadvantaged producers consistent with the terms of 
the Notice of Funds Availability.
    Some ERP 2022 payments may continue to be delayed due to the need 
to modify payment software to accommodate these changes, but FSA 
intends to begin issuing payments again in late August to eligible 
producers.

Zach Ducheneaux,
Administrator, Farm Service Agency.
[FR Doc. 2024-18993 Filed 8-22-24; 8:45 am]
BILLING CODE 3410-05-P