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 


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producers to receive ELRP Phase 2 

payments. 

For eligible producers, ELRP Phase 2 

will provide assistance for a portion of 

the loss in value of winter grazing in 

2021 based on the Phase 1 payment 

which used the number of AU, limited 

by available grazing acreage, in eligible 

drought and wildfire counties. In order 

to deliver this assistance quickly, FSA is 

using the ELRP Phase 1 payment 

calculation data as a proxy to issue an 

additional payment equal to 20 percent 

of the ELRP Phase 1 payment to pay for 

a percentage (44 percent or 52 percent) 

of the estimated losses in the value of 

winter forage to eliminate the 

requirement for producers to resubmit 

information for ELRP Phase 2. 

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 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 isolated to 

during the normal grazing periods. 

For eligible producers, ELRP Phase 1 

compensated 57 to 69 percent of the 

calculated increased supplemental feed 

costs. Due to the excessive and 

expansive drought and wildfires in 

2021, these livestock participants 

suffered extreme grazing losses that 

were not concentrated only to the 

normal grazing periods which directly 

impacted winter grazing. According to 

USDA’s September 28, 2021, Weekly 

Weather and Crop Bulletin (see https:// 

www.fsa.usda.gov/programs-andservices/emergency-relief/index), ‘‘on 

August 29, rangeland and pastures were 

rated more than one-half very poor to 

poor in every state along and northwest 

of a line from California to Minnesota,’’ 

that is generally the same area that was 

determined eligible for 2021 LFP and 

ELRP Phase 1. According to the report, 

pasture and range conditions for the 

week ending September 25, 2021, for 

the states that triggered for LFP in 2021 

and received ELRP Phase 1 assistance, 

rated 46 percent poor to very poor 

conditions going into the winter grazing 

months. The weekly weather data in the 

bulletin indicated the percentage of 

normal precipitation at that time in 

those areas was 79.4 percent, which 

results as a direct indicator of a 20.6 

percent negative impact to winter forage 

availability beginning in October 2021. 

LFP calculated the monthly value of 

forage in 2021, which based on corn 

prices was $31.18 per AU per month. A 

20.6 percent decrease to normal 

precipitation equates to a $6.42 impact 

($31.18 x 20.6 percent) per AU per 

month. 

An additional factor that contributed 

to the lack of winter grazing availability 

during the 2021 drought was the lack of 

optimal grazing use. Recommended 

grazing use rates or percentages 

commonly used by the Natural Resource 

Conservation Service and university 

extension services provide that a grazing 

plan should allow for vigorous plant regrowth following a period of grazing 

and never have more than 50 percent 

use during the major growing season, 

and not more than 65 percent use 

during the dormant season or slowed 

growth period to maintain or improve 

range ecological condition and 

rangeland health, reduce soil erosion, as 

well as improve livestock performance. 

The drought and wildfire impact to the 

losses to winter grazing were not 

considered when developing ELRP 

Phase 1 but have been determined to be 

significant and, after considering 

funding limitations, FSA will 

compensate for the estimated impact of 

winter forage availability on eligible 

livestock producers at 52 percent and 44 

percent for underserved farmers and 

ranchers and for all other farmers and 

ranchers, respectively. 

Therefore, for eligible producers, the 

ELRP Phase 2 payment will be equal to 

20 percent of the 2021 gross ELRP Phase 

1 payment to compensate for the loss of 

winter grazing directly affected by the 

drought and wildfire conditions during 

the normal grazing period that 

continued to be exacerbated by 

conditions in the final quarter of 2021, 

which was not compensated by LFP or 

ELRP Phase 1. The payment per AU per 

month is calculated as follows: 

• 20 percent of $16.84 = $3.37 

(equivalent to 52 percent of the 

calculated winter grazing loss per 

month per AU based on percentage of 

normal precipitation as of October 1, 

2021) for underserved farmers and 

ranchers, and 

• 20 percent of $14.03 = $2.81 

(equivalent to 44 percent of the 

calculated winter grazing loss per 

month per AU based on percentage of 

normal precipitation as of October 1, 

2021) for all other farmers and ranchers. 

TABLE 1—REVIEW OF 2021 ELRP PHASE 1 CALCULATED ASSISTANCE

ELRP Phase 1 assistance for increased supplement feed costs 

2021 LFP monthly 

value of forage 

2021 LFP payment 

rate—60% per 

month 

(max 5 months) * 

2021 ELRP 

Phase 1 payment 

percentage 

Gross 2021 ELRP 

Phase 1 calculated 

benefit per month 

per eligible AU 

$31.18 .................................................................................................................. $18.71 75 

90 

$14.03 

16.84 

TABLE 2—2021 ELRP PHASE 2 CALCULATED ASSISTANCE

ELRP Phase 2 assistance for winter grazing losses in relation to % of normal precipitation on October 1, 2021 

Gross 2021 ELRP Phase 2 calculated benefit (20% of Phase 

1 payment) per month per eligible AU 

Oct 1% of 

normal 

precipitation 

Result of % impact 

to winter 

grazing 

beginning Oct 1 

$ Impact to winter 

grazing per month 

per AU on Oct 1 

($31.18 × 

20.6%) 

% 2021 ELRP 

Phase 2 assistance 

coverage of winter 

grazing loss per 

month per 

eligible AU 

$2.81 ........................................................................................ 79.4 20.6 $6.42 44 


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3FSA is using an 80 percent threshold similar to 

the Coronavirus Food Assistance Program 2 (also 

known as CFAP 2) which provided pandemic 

assistance payments to livestock contract growers to 

cover not more than 80 percent of revenue losses. 

TABLE 2—2021 ELRP PHASE 2 CALCULATED ASSISTANCE—Continued 

ELRP Phase 2 assistance for winter grazing losses in relation to % of normal precipitation on October 1, 2021 

Gross 2021 ELRP Phase 2 calculated benefit (20% of Phase 

1 payment) per month per eligible AU 

Oct 1% of 

normal 

precipitation 

Result of % impact 

to winter 

grazing 

beginning Oct 1 

$ Impact to winter 

grazing per month 

per AU on Oct 1 

($31.18 × 

20.6%) 

% 2021 ELRP 

Phase 2 assistance 

coverage of winter 

grazing loss per 

month per 

eligible AU 

3.37 52 

* The 2021 LFP payment rate may be adjusted according to LFP provisions in 7 CFR 1416.207 for mitigated livestock and restricted grazed 

AU due to a qualifying fire. 

Because FSA is using ELRP Phase 1 

payment information to generate a 

reasonable approximation for the loss 

covered by ELRP Phase 2, no action is 

required for eligible producers to 

receive these payments. If funding 

remains available after initial payments, 

an additional payment(s) may be issued, 

not to exceed 80 percent of the 

calculated winter grazing loss per AU 

per month based on the percentage of 

normal precipitation data as of October 

1, 2021.3

Definitions 

The definitions in 7 CFR parts 718, 

1400, and § 1416.202 apply to ELRP 

Phase 2, 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 of 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 the 2021 

program year are 2017, 2018, and 2019. 

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, 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 

Interest Charge Domestic International 

Sales Corporation (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 


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4The term ‘‘Armed Forces’’ means the United 

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

Force, and Coast Guard, including the reserve 

components. 

5The 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. 

6As provided in 7 CFR 1416.206 and publicized 

by FSA, the LFP application deadline for the 2021 

program year was January 31, 2022. 7A 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. 

8The gross ELRP Phase 1 calculated payment is 

the amount calculated according to the ELRP Phase 

1 NOFA, 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. 

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. 

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)) 4 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)) 5 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 Phase 2 means fire 

as used in 7 CFR part 1416, subpart C. 

Eligible Livestock Producers 

Eligible livestock producers for ELRP 

Phase 2 are producers with an approved 

2021 LFP application who received an 

ELRP Phase 1 payment. For ELRP Phase 

2, the eligibility criteria applicable to 

LFP (7 CFR part 1416, subparts A and 

C) also applies, excluding the LFP 

average adjusted gross income (AGI) 

limitation. FSA will use livestock 

inventories, forage acreage, restricted 

AU and grazing days due to fire, and 

drought intensity levels already 

reported to FSA for the 2021 Livestock 

Forage Disaster Program Application 6

(form number CCC–853), and the ELRP 

Phase 1 payment to determine eligibility 

and calculate a ELRP Phase 2 payment. 

Eligible livestock producers are not 

required to submit an application for 

ELRP Phase 2; however, if not already 

on file, they must have the following 

additional forms on file with FSA 

within 60-days of ELRP Phase 2 

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 Phase 2 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 Phase 2 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; 7 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 ELRP Phase 2 payment will be 

equal to the eligible livestock producer’s 

gross 2021 ELRP Phase 1 payment 8

multiplied by 20 percent. The same 

percentage will be applied to 

underserved farmers and ranchers and 

all other producers. If funding remains 

available after initial payments, an 

additional payment(s) may be issued, 

not to exceed 80 percent of the 

calculated winter grazing loss per AU 

per month based on the percentage of 

normal precipitation data as of October 

1, 2021. 

For example, a livestock producer’s 

gross 2021 ELRP Phase 1 calculated 

payment of $10,000 is multiplied by 20 

percent, resulting in an ELRP Phase 2 

payment of $2,000. This ELRP Phase 2 

payment is intended to represent a 

reasonable approximation of 44 to 52 

percent of the calculated winter grazing 

loss per AU per month based on the 

percentage of normal precipitation data 

as of October 1, 2021. 

FSA will issue ELRP Phase 2 

payments as 2021 ELRP Phase 1 

payments are processed and approved. 

If a producer files the CCC–860 Socially 

Disadvantaged, Limited Resource, 

Beginning and Veteran Farmer or 

Rancher Certification or FSA–510 form 

and the accompanying certification by 

the deadline announced by the Deputy 

Administrator but after their ELRP 

Phase 2 payment is issued, FSA will 

recalculate the ELRP Phase 1 and Phase 

2 payment and issue the additional 

calculated amount as applicable until 

the ELRP deadline announced by the 

Deputy Administrator. 

Payment Limitation 

The payment limitation for ELRP 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 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 


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entity, other than a joint venture or 

general partnership, is eligible to 

receive, directly or indirectly, up to 

$250,000 in ELRP payments. 

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 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 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 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 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 

If any ELRP 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 or ELRP Phase 2 

payment is issued, the ELRP payment 

will be recalculated, and the producer 

must refund any excess payment to 

FSA. This includes 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 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 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Notices 66371 

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

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. 

ELRP Phase 1 

FSA announced ELRP Phase 1 in a 

NOFA published on April 4, 2022 (87 

FR 19465–19470). This document 

corrects an error in that NOFA and 

amends ELRP Phase 1 related to the 

requirement to provide the names, 

addresses, ownership share, and valid 

taxpayer identification numbers of the 

members holding an ownership interest 

in a legal entity. The ELRP Phase 1 

NOFA provided that ‘‘the eligibility 

criteria applicable to LFP . . . also 

applies to ELRP Phase 1,’’ which would 

include notification of interest 

provisions applicable to LFP. 

LFP is subject to the payment 

eligibility provisions of 7 CFR part 1400, 

including the notification of interest 

requirements. When the ELRP Phase 1 

NOFA was published, the provisions in 

§ 1400.107 required a legal entity to 

provide the names, addresses, 

ownership share, and valid taxpayer 

identification numbers of the members 

holding an ownership interest in order 

to receive any LFP payment. This is 

how FSA has been implementing ELRP 

Phase 1, consistent with LFP prior to 

January 2023, despite certain conflicting 

language in the ELRP Phase 1 NOFA 

that appears to permit partial ELRP 

payments to be issued after reduction in 

proportion to a member’s share if the 

required information was not provided 

to FSA. 

On January 11, 2023, FSA published 

a final rule (88 FR 1862–1892) that 

removed § 1400.107 and added a new 

§ 1400.10, which specified that for 

certain FSA programs, including LFP, 

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 or above the fourth level 

of ownership in the business structure, 

is not provided to USDA. The 

provisions in § 1400.10 also specify that 

a legal entity will not be eligible to 

receive payment when a valid taxpayer 

identification number for a person or 

legal entity that holds a direct or 

indirect ownership interest of 10 

percent or greater at, or above the fourth 

level of ownership in the business 

structure, is not provided to USDA. This 

change was made retroactive to the 2020 

program year for LFP. 

This document amends ELRP Phase 1 

to be consistent with these provisions of 

§ 1400.10 that currently apply to LFP for 

the 2021 program year, and which also 

apply to ELRP Phase 2. 

Paperwork Reduction Act 

Requirements 

In compliance with the Paperwork 

Reduction Act (44 U.S.C. chapter 35), 

the information collection request for 

ELRP Phase 2 has been approved by 

OMB under the control number 0503– 

0028. FSA will collect the information 

from the livestock producer to qualify 

for the payment to assist with the loss 

of winter grazing. This NOFA is the onetime announcement of the new ELRP 

Phase 2 federal financial assistance. For 

the ELRP Phase 1 correction, there is no 

new information collection required. 

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 through 1508), and 

the FSA regulation for compliance with 

NEPA (7 CFR part 799). 

As previously stated, ELRP Phase 2 is 

providing payments to eligible livestock 

producers for 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. 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 

§ 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 exist 

under § 799.33. As such, the 

implementation of ELRP and the 

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 program, as found in the 

Assistance Listing 9 (formerly referred to 

as the Catalog of Federal Domestic 

Assistance), to which this document 

applies is 10.148—Emergency Livestock 

Relief Program. 

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. 


ddrumheller on DSK120RN23PROD with NOTICES1
66372 Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Notices 

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 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). 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: (1) mail to: U.S. Department 

of Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; (2) fax: (202) 690–7442; 

or (3) email: program.intake@usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

Zach Ducheneaux, 

Administrator, Farm Service Agency. 

[FR Doc. 2023–21088 Filed 9–26–23; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

[Docket No. FSIS–2023–0021] 

Notice of Request to Renew an 

Approved Information Collection: Egg 

Products Hazard Analysis and Critical 

Control Point and Sanitation Standard 

Operating Procedures 

AGENCY: Food Safety and Inspection 

Service (FSIS), U.S. Department of 

Agriculture (USDA). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 and 

the Office of Management and Budget 

(OMB) regulations, FSIS is announcing 

its intention to request renewal of the 

approved information collection 

regarding egg products Hazard Analysis 

and Critical Control Point (HACCP) and 

Sanitation Standard Operating 

Procedures (Sanitation SOPs). There are 

no changes to the information 

collection. The approval for this 

information collection will expire on 

January 31, 2024. 

DATES: Submit comments on or before 

November 27, 2023. 

ADDRESSES: FSIS invites interested 

persons to submit comments on this 

Federal Register notice. Comments may 

be submitted by one of the following 

methods: 

• Federal eRulemaking Portal: This 

website provides commenters the ability 

to type short comments directly into the 

comment field on the web page or to 

attach a file for lengthier comments. Go 

to https://www.regulations.gov. Follow 

the on-line instructions at that site for 

submitting comments. 

• Mail: Send to Docket Clerk, U.S. 

Department of Agriculture, Food Safety 

and Inspection Service, 1400 

Independence Avenue SW, Mailstop 

3758, Washington, DC 20250–3700. 

• Hand- or courier-delivered 

submittals: Deliver to 1400 

Independence Avenue SW, Jamie L. 

Whitten Building, Room 350–E, 

Washington, DC 20250–3700. 

Instructions: All items submitted by 

mail or electronic mail must include the 

Agency name and docket number FSIS– 

2023–0021. Comments received in 

response to this docket will be made 

available for public inspection and 

posted without change, including any 

personal information, to https://

www.regulations.gov. 

Docket: For access to background 

documents or comments received, call 

(202) 937–4272 to schedule a time to 

visit the FSIS Docket Room at 1400 

Independence Avenue SW, Washington, 

DC 20250–3700. 

FOR FURTHER INFORMATION CONTACT: Gina 

Kouba, Office of Policy and Program 

Development, Food Safety and 

Inspection Service, USDA, 1400 

Independence Avenue SW, Mailstop 

3758, South Building, Washington, DC 

20250–3700; (202) 937–4272. 

SUPPLEMENTARY INFORMATION: Title: Egg 

Products Hazard Analysis and Critical 

Control Point and Sanitation Standard 

Operating Procedures 

OMB Number: 0583–0172. 

Expiration Date of Approval: January 

31, 2024. 

Type of Request: Renewal of an 

approved information collection. 

Abstract: FSIS has been delegated the 

authority to exercise the functions of the 

Secretary (7 CFR 2.18, 2.53), as specified 

in the Egg Products Inspection Act 

(EPIA) (21 U.S.C. 1031, et seq.). This 

statute mandates that FSIS protect the 

public by verifying that egg products are 

safe, wholesome, and properly labeled 

and packaged. 

FSIS is requesting renewal of the 

approved information collection 

regarding egg products HACCP and 

Sanitation SOPs. There are no changes 

to the information collection. The 

approval for this information collection 

will expire on January 31, 2024. 

FSIS requires official plants to 

develop and maintain HACCP plans and 

Sanitation SOPs, as well as various 

transaction records. The plant maintains 

on file the name and a brief resume of 

the HACCP trained individuals who 

participate in the hazard analysis and 

subsequent development of the HACCP 

plans. Plants develop written HACCP 

plans that include: identification of 

hazards reasonably likely to occur in the 

production process; identification and 

description of the critical control point 

(CCP) for each identified hazard; 

specification of the critical limit which 

may not be exceeded at the CCP, and, 

if appropriate, a target limit; description 

of the monitoring procedure or device to 

be used; description of the corrective 

action to be taken if the limit is 

exceeded; description of the records 

which would be generated and 

maintained regarding this CCP; and 

description of the facility verification 

activities and the frequency at which 

they are to be conducted. The adequacy 

of a plant’s HACCP plan must be 

reassessed at least annually and 

whenever changes occur that could 

affect the hazard analysis or alter the 

HACCP plan. 

Each processor is also required to 

develop and maintain a Sanitation SOP. 

The Sanitation SOP specifies the 

cleaning and sanitizing procedures for 

all equipment and facilities involved in 

the production of every product. As part 

of the Sanitation SOP, a plant employee 

records results of daily sanitation 

checks at the frequencies stated in the 

Sanitation SOP. The burden of 

documenting the adherence to the 

Sanitation SOP is based on three factors: 

Recording, reviewing, and storage. 

Recording encompasses conducting and 

inscribing the finding from an 

observation and filing of the document 

produced. 

FSIS has made the following 

estimates based upon an information 

collection assessment: 

Respondents: Official egg products 

plants. 

Estimated No. of Respondents: 132. 

Estimated No. of Responses: 138,596. 

Estimated Total Annual Burden on 

Respondents: 76,280 hours. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Copies of this information collection 


ddrumheller on DSK120RN23PROD with NOTICES1