This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

66361 

Vol. 88, No. 186 

Wednesday, September 27, 2023 

1A 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 intensity for at least 8 consecutive weeks or 

D3 or D4 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. 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

[Docket ID FSA–2023–0011] 

Notice of Funds Availability; 

Emergency Livestock Relief Program 

(ELRP) 2022 

AGENCY: Farm Service Agency, USDA. 

ACTION: Notification of funding 

availability. 

SUMMARY: The Farm Service Agency 

(FSA) is issuing this notice announcing 

ELRP 2022. This document provides the 

eligibility requirements and payment 

calculation for ELRP 2022 assistance. 

ELRP 2022 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 2022, using 

data already submitted to FSA through 

the Livestock Forage Disaster Program 

(LFP). 

DATES: Funding availability: 

Implementation will begin September 

27, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Sayers; telephone: (202) 720– 

6870; email: Kathy.Sayers@usda.gov. 

Individuals who require alternative 

means of communication for program 

information should contact the USDA 

Target Center at (202) 720–2600 (voice) 

or dial 711 for Telecommunications 

Relay Service (both voice and text 

telephone users can initiate this call 

from any telephone). 

SUPPLEMENTARY INFORMATION: 

Background 

Title I of the Disaster Relief 

Supplemental Appropriations Act, 2023 

(Division N of the Consolidated 

Appropriations Act, 2023; Public Law 

117–328) provides $3,741,715,000 for 

necessary expenses related to losses of 

revenue, quality, or production losses of 

crops (including milk, on-farm stored 

commodities, crops prevented from 

planting in 2022, and harvested 

adulterated wine grapes), trees, bushes, 

and vines, as a consequence of droughts, 

wildfires, hurricanes, floods, derechos, 

excessive heat, tornadoes, winter 

storms, freeze, including a polar vortex, 

smoke exposure, and excessive moisture 

occurring in calendar years 2022. From 

that amount, the Secretary of 

Agriculture is to use up to $494.5 

million to provide assistance to 

livestock producers for losses incurred 

during calendar year 2022 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. 

FSA will assist livestock producers 

through ELRP 2022. This document 

provides the eligibility requirements 

and payment calculation for ELRP 2022, 

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 2022. For 

eligible producers, ELRP 2022 will pay 

for a portion of the increased feed costs 

in 2022 based on the number of animal 

units (AU), limited by available grazing 

acreage, in eligible drought counties. 

Although LFP payments do not have a 

direct correlation to the increased feed 

costs incurred, in order to deliver this 

assistance quickly, 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 2022. The ELRP 2022 payment 

percentage will be 90 percent for 

historically underserved farmers and 

ranchers, and 75 percent for all other 

producers. 

According to the US Drought Monitor, 

more than one-third of the country was 

categorically in a ‘‘D2 Severe’’ to ‘‘D4 

Exceptional’’ drought throughout the 

entire calendar year 2022. 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 2022 and not just during the 

normal grazing periods. Due to the 

excessive and expansive drought and 

wildfires in 2022, livestock participants 

experienced the following, they: 

• Suffered extreme grazing losses; 

• Incurred related costs to purchase 

feed in the grazing period; 

• 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 2022 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 5 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 2022. For 

LFP, the 2022 monthly value of forage, 

resulted in an LFP payment rate of 

$28.37 per month per eligible animal 

unit for drought. The rate for fire is 


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2ELRP 2022 uses the DMC model to calculate 

actual feed costs producers experienced in 2022. 

The DMC formula aims to calculate feed costs to 

maintain a dairy cow to produce one 

hundredweight of milk, however FSA is using this 

model, and converting to maintain 1 animal unit. 

DMC, as outlined in 7 CFR part 1430, calculates a 

national average feed cost using the following three 

items and are added together: 

(1) The product determined by multiplying 

1.0728 by the price of corn per bushel; 

(2) The product determined by multiplying 

0.00735 by the price of soybean meal per ton; and 

(3) The product determined by multiplying 

0.0137 by the price of alfalfa hay per ton. 

based on the number of fire-restricted 

days and was not a single rate. 

LFP does not compensate for the 

increased costs of supplemental feed, 

including during 2022 due to drought 

and wildfires in 2022. 

The actual cost of supplemental feed 

prices, based on corn, alfalfa, and 

soybean meal, increased substantially in 

2022, compared to previous years. Using 

the Dairy Margin Coverage (DMC) 2

program model for an adequate 

supplemental feed ratio, the 5-year 

average cost to maintain 1 AU for one 

month was $66.79, compared to the 

actual average cost from January 

through December, 2022 of $107.51 per 

month, an increase of 61 percent. 

The cost of feeding one AU per month 

increased in 2022 compared to the 5- 

year average by $40.72 ($107.51 ¥ 

$66.79) for livestock producers affected 

by drought and wildfires, which was not 

covered by LFP. See Table 1. 

TABLE 1—2022 CALCULATED COSTS (DMC MODEL) TO MAINTAIN 1 AU/MONTH

5 Year avg. cost 

(corn, alfalfa, soybean meal) 

2022 Cost 

(corn, alfalfa, 

soybean meal) 

2022 Increase 

in cost 

2022 LFP 

payment rate * 

ELRP 2022 

payment 

percentage 

Gross ELRP 2022 

calculated benefit/ 

month/eligible AU 

prior to factor 

Percentage 

of increased 

supplemental feed 

costs in 2022 

compensated by 

ELRP 2022 prior to 

factor 

$66.79 ....................................... $107.51 $40.72 $28.37 75 

90 

$21.28 

25.53 

52.2 

62.7 

* The 2022 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 2022 calculated benefit is 

based on using the LFP payment rate of 

$28.37 per animal unit per month, 

calculated as follows: 

75 percent × $28.37 = $21.28 

(equivalent to 52.2 percent of increased 

supplemental feed costs in 2022) and 

90 percent × $28.37 = $25.53 

(equivalent to 62.7 percent of increased 

supplemental feed costs in 2022). 

To stay within the available funding, 

ELRP 2022 payments for increased 

supplemental feed costs in 2022 will be 

factored initially by 25 percent. If funds 

remain available after initial payments, 

a second payment of up to 75 percent 

may be issued. 

Because FSA is using LFP information 

to generate a reasonable approximation 

for the costs covered by ELRP 2022, no 

action is required for eligible producers 

to receive ELRP 2022 payments. 

Definitions 

The definitions in 7 CFR parts 718, 

1400, and 1416 apply to ELRP 2022, 

except as otherwise provided in this 

document. The following definitions 

also apply. 

Average adjusted gross farm income 

means the average of the person or legal 

entity’s adjusted gross income derived 

from farming, ranching, and forestry 

operations for the 3 taxable years 

preceding the most immediately 

preceding complete taxable year. 

(a) If the resulting average adjusted 

gross farm income derived from items 1 

through 12 of the definition below for 

‘‘income derived from farming, ranching 

and forestry operations’’ is at least 66.66 

percent of the average adjusted gross 

income of the person or legal entity, 

then the average adjusted gross farm 

income may also take into consideration 

income or benefits derived from the 

following: 

(1) The sale of equipment to conduct 

farm, ranch, or forestry operations; and 

(2) The provision of production 

inputs and services to farmers, ranchers, 

foresters, and farm operations. 

(b) The relevant tax years for ELRP 

2022 are 2018, 2019, and 2020. 

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. 

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, or forestry 

commodities including for 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 (Interest Charge Domestic 

International Sales Corporation) 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, and 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). 


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3The term ‘‘Armed Forces’’ means the United 

States Army, Navy, Marine Corps, Air Force, Space 

Force, and Coast Guard, including the reserve 

components. 

4The 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. 

5As provided in 7 CFR 1416.206 and publicized 

by FSA, the LFP application deadline for the 2022 

program year was January 30, 2023. 

6An individual 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 2022 program 

year because an individual’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. An entity that has filed CCC–860 

certifying its 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 its status for a later program year 

unless the entity’s status has changed due to 

changes in membership. 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. 

7The gross LFP calculated payment is the amount 

calculated according to 7 CFR 1416.207, prior to 

Continued 

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 

2022 program year) in each of the 2019 

and 2020 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 2 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 2022, 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. 

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. 

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) 3) and: 

(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) 4) during the 

most recent 10-year period. 

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 2022 means fire as 

used in 7 CFR part 1416, subpart C. 

Eligible Livestock Producers 

Eligible livestock producers for ELRP 

2022 are producers with an approved 

2022 LFP application. For ELRP 2022, 

the eligibility criteria applicable to LFP 

(7 CFR part 1416, subparts A and C) also 

applies to ELRP 2022, 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 2022 Livestock 

Forage Disaster Program Application 5

(on form number CCC–853), to 

determine eligibility and calculate an 

ELRP 2022 payment, if applicable. 

Eligible livestock producers are not 

required to submit an application for 

ELRP 2022; however, they must have 

the following additional forms on file 

with FSA within 60-days of ELRP 2022 

deadline announced by the Deputy 

Administrator to be eligible to receive a 

payment: 

• 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 2022 producer and applicable 

affiliates. 

For a producer to be eligible for a 

payment based on the higher payment 

rate for eligible underserved farmers or 

ranchers or increased payment 

limitation as described below, the 

following must be submitted within 60- 

days of the ELRP 2022 deadline 

announced by the Deputy 

Administrator: 

• Form CCC–860, Socially 

Disadvantaged, Limited Resource, 

Beginning and Veteran Farmer or 

Rancher Certification, applicable for the 

2022 program year 6; or 

• 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 initial ELRP 2022 payment will 

be equal to the eligible livestock 

producer’s gross 2022 LFP calculated 

payment 7 multiplied by the applicable 


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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. 

8FSA calculates payments based on a higher 

payment factor for underserved farmers and 

ranchers (or specific groups included in that term) 

in several programs, such as Emergency 

Conservation Program, Emergency Assistance for 

Livestock, Honeybees, and Farm-raised Fish 

Program (also known as ELAP), and the Tree 

Assistance Program. FSA has also used higher 

payment factors for these producers in several 

recently announced programs: the Food Safety 

Certification for Specialty Crops Program, the 

Organic and Transitional Education and 

Certification Program, previous ELRP Phase 1, and 

ERP. In addition, NAP provides a reduced service 

fee and premium for underserved farmers and 

ranchers. This approach supports the equitable 

administration of FSA programs, as underserved 

farmers and ranchers are more likely to lack 

financial reserves and access to capital that would 

allow them to cope with losses due to unexpected 

events outside of their control. 

ELRP 2022 payment percentage of 90 

percent for underserved farmers and 

ranchers and 75 percent for all other 

producers multiplied by a 25 percent 

factor to stay within available funding.8

If funds remain available after initial 

payments, a second payment of up to 75 

percent may be issued. For example, an 

underserved eligible livestock 

producer’s gross 2022 LFP calculation 

payment is $10,000 multiplied by the 90 

percent ELRP 2022 payment percentage 

multiplied by the 25 percent factor 

results in an initial ELRP 2022 payment 

of $2,250. The ELRP 2022 payment is 

intended to represent a reasonable 

approximation of 63 percent, factored 

by 25 percent, of the increased 

supplemental feed costs for that 

producer in 2022. 

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 2022 program year to receive the 

higher ELRP 2022 payment rate of 90 

percent. 

FSA will issue ELRP 2022 payments 

as 2022 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 2022 

payment is issued, FSA will recalculate 

the ELRP 2022 payment and issue the 

additional calculated amount as 

applicable. 

Payment Limitation 

The payment limitation for ELRP 

2022 is determined by the person’s or 

legal entity’s average adjusted gross 

farm income (as defined above). 

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 2022 if their 

average adjusted gross farm income is 

less than 75 percent of their average AGI 

for tax years 2018, 2019, and 2020. If at 

least 75 percent of the person or legal 

entity’s average AGI is derived from 

farming, ranching, and 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 2022 payments. 

To receive more than $125,000 in ELRP 

2022 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 adjusted gross 

farm income 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 2022 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 firstlevel 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. 

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 of less 

than 10 percent, at the first through 

fourth levels of ownership in the 

business structure, is not provided to 

FSA. A legal entity is not eligible to 

receive ELRP 2022 payments when a 

valid taxpayer identification number for 

a person or legal entity that holds a 

direct or indirect ownership interest of 

10 percent or more, 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 2022 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 


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9See https://sam.gov/content/assistance-listings. 

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 2022 

payment resulted from erroneous 

information reported by the producer or 

if the producer’s 2022 LFP payment is 

recalculated after the ELRP 2022 

payment is issued, the ELRP 2022 

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 2022 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 2022, 

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 

2022. 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 2022 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 

2022 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 2022. 

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 2022 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 2022 payments. 

In either applying for or participating 

in ELRP 2022, 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 

2022, 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. 3201Ö), USDA waives the 

restriction on receipt of funds under 

ELRP 2022 but only as to beneficiaries 

who, as a condition of the waiver, agree 

to apply the ELRP 2022 payments to 

reduce the amount of the judgment lien. 

In addition to any other Federal laws 

that apply to ELRP 2022, the following 

laws apply: 15 U.S.C. 714; and 18 U.S.C. 

286, 287, 371, and 1001. 

Paperwork Reduction Act 

Requirements 

In compliance with the provisions of 

the Paperwork Reduction Act (44 U.S.C. 

chapter 35), the information collection 

request has been approved by OMB 

under the control number of 0503–0028. 

FSA will collect the information from 

the livestock producers to qualify for the 

payment to assist with increased 

supplemental feed costs. This NOFA is 

the one-time announcement of the new 

ELRP 2022 federal financial assistance 

funding. 

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 2022 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 2022. The 

limited discretionary aspects of ELRP 

2022 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 

§ 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 § 799.31(b)(6)(vi) that applies to 

safety net programs. 

No Extraordinary Circumstances 

(§ 799.33) exist. As such, the 

implementation of ELRP 2022 and the 

participation in ELRP 2022 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,9 to which this 

document applies is 10.980—Emergency 

Livestock Relief Program 2022. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
66366 Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Notices 

1 In addition, a clarification to the notice of funds 

availability for ELRP Phase 1 was published on 

August 18, 2022 (87 FR 50828–50830). 

2 ‘‘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. FSA 

calculates payments based on a higher payment 

factor for underserved farmers and ranchers (or 

specific groups included in that term) in several 

programs, such as Emergency Conservation 

Program; Emergency Assistance for Livestock, 

Honeybees, and Farm-Raised Fish Program; and the 

Tree Assistance Program. FSA has also used higher 

payment factors for these producers in several 

recently announced programs: the Food Safety 

Certification for Specialty Crops Program, the 

Organic and Transitional Education and 

Certification Program, Emergency Relief Program, 

and Pandemic Assistance Revenue Program. In 

addition, the Noninsured Crop Disaster Assistance 

Program provides a reduced service fee and 

premium for underserved farmers and ranchers. 

This approach supports the equitable 

administration of FSA programs, as underserved 

farmers and ranchers are more likely to lack 

financial reserves and access to capital that would 

allow them to cope with losses due to unexpected 

events outside of their control. 

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. 

Individuals 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 (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). 

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-aprogram-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: OAC@

usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

Zach Ducheneaux, 

Administrator, Farm Service Agency. 

[FR Doc. 2023–21068 Filed 9–26–23; 8:45 am] 

BILLING CODE 3411–EB–P 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

[Docket ID FSA–2023–00015] 

Notice of Funds Availability; 2021 

Emergency Livestock Relief Program 

(ELRP) Phase 2 

AGENCY: Farm Service Agency, USDA. 

ACTION: Notification of funding 

availability. 

SUMMARY: The Farm Service Agency 

(FSA) is issuing this notice announcing 

ELRP Phase 2. This document provides 

the eligibility requirements and 

payment calculation for the second 

phase of ELRP assistance. ELRP Phase 2 

will provide assistance to eligible 

livestock producers for the loss of the 

value of winter forage from the 

deterioration of grazing cover due to a 

qualifying drought or wildfire during 

the 2021 normal grazing period, which 

has been exacerbated by a continued 

lack of precipitation. This document 

also makes a correction and amendment 

to ELRP Phase 1. 

DATES: Funding availability: 

Implementation will begin September 

27, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Sayers, telephone: (202) 720– 

7649; email: Kathy.Sayers@usda.gov. 

Individuals 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. 

On April 4, 2022, FSA announced 

that assistance for livestock producers 

would be provided through ELRP (87 FR 

19465–19470).1 ELRP Phase 1 paid for 

a portion of eligible producers’ 

increased supplemental feed costs in 

2021 based on the number of animal 

units (AU), limited by available grazing 

acreage, in eligible drought counties. In 

order to deliver this assistance quickly, 

FSA used certain 2021 Livestock Forage 

Disaster Program (LFP) data and a 

percentage of the payment made 

through LFP applications as a proxy for 

these increased supplemental feed costs 

to eliminate the requirement for 

producers to resubmit information for 

ELRP Phase 1. 

To stay within the available funding, 

ELRP Phase 1 payments were calculated 

at 90 percent of the gross LFP calculated 

payment for underserved farmers and 

ranchers and 75 percent of the gross LFP 

calculated payment for all other 

producers.2

This document provides the eligibility 

requirements and payment calculation 

for ELRP Phase 2 assistance. It also 

corrects an error in the ELRP Phase 1 

provisions related to payment eligibility 

and amends ELRP Phase 1 to be 

consistent with LFP and ELRP Phase 2. 

ELRP Phase 2 

For each eligible livestock producer 

who previously received an ELRP Phase 

1 payment, FSA will issue an ELRP 

Phase 2 payment to assist with losses in 

the value of winter forage from the 

deterioration of grazing cover due to a 

qualifying drought or wildfire during 

the 2021 normal grazing period, which 

has been exacerbated by the continued 

lack of precipitation, using the ELRP 

Phase 1 payment as a proxy to calculate 

those losses. ELRP Phase 2 assistance is 

subject to the same ELRP payment 

limitation provided in the previous 

notice of funds availability. Because 

FSA is using LFP and ELRP Phase 1 

information to calculate a producer’s 

ELRP Phase 2 payment and determine 

eligibility due to a qualifying drought or 

wildfire during the 2021 normal grazing 

period, no action is required for eligible 


ddrumheller on DSK120RN23PROD with NOTICES1