Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 79505 

The purpose of AFT is to improve 

internal underwriting processes to 

expedite Farm Loan Programs 

application processing. The limited 

discretionary aspects of AFT do not 

have the potential to impact the human 

environment as they are administrative. 

Accordingly, these discretionary aspects 

are covered by the categorical 

exclusions in 7 CFR 799.31(b)(3)(i) that 

applies to Farm Loan Programs, 

provided no extraordinary 

circumstances are found to exist. As 

such, the implementation of AFT and 

the participation in AFT 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, to which this 

document applies is 10.406 Farm 

Operating Loans and 10.407 Farm 

Ownership Loans. 

USDA Non-Discrimination Policy 

In accordance with Federal civil 

rights law and USDA civil rights 

regulations and policies, USDA, its 

Agencies, offices, and employees, and 

institutions participating in or 

administering USDA programs are 

prohibited from discriminating based on 

race, color, national origin, religion, sex, 

gender identity (including gender 

expression), sexual orientation, 

disability, age, marital status, family or 

parental status, income derived from a 

public assistance program, political 

beliefs, or reprisal or retaliation for prior 

civil rights activity, in any program or 

activity conducted or funded by USDA 

(not all bases apply to all programs). 

Remedies and complaint filing 

deadlines vary by program or incident. 

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. 

Steven Peterson, 

Administrator, Farm Service Agency. 

[FR Doc. 2024–22353 Filed 9–27–24; 8:45 am] 

BILLING CODE 3411–E2–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

Farm Service Agency 

[Docket ID FSA–2024–009] 

Notice of Funds Availability (NOFA); 

Organic Dairy Marketing Assistance 

Program 2024 (ODMAP 2024) 

AGENCY: Commodity Credit Corporation 

and Farm Service Agency, USDA. 

ACTION: Notification of funds 

availability. 

SUMMARY: The Farm Service Agency 

(FSA) is announcing the availability of 

marketing assistance funding to organic 

dairy operations in the United States. 

The organic dairy farms have faced— 

and still continue to face—a variety of 

challenges, and many are struggling to 

remain organic dairy operations, which 

is why FSA is issuing this notice to 

provide marketing assistance payments 

to eligible organic dairy operations to 

help expand the market for organic 

dairy and increase the consumption of 

organic dairy. ODMAP 2024 will 

provide payments to assist organic dairy 

operations with projected marketing 

costs for 2024. 

DATES: Applications Due Date: We will 

accept applications from September 30, 

2024 through November 29, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Kilgore, (717) 887–0963, 

douglas.e.kilgore@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Over the past several years, organic 

dairy farms have faced—and continue to 

face—a variety of challenges, and many 

are struggling to remain in business. 

Notably, organic dairy operations have 

limited ability to pass along cost 

increases to retailers or consumers 

without leading to a decrease in 

domestic consumption of organic dairy. 

The cost increases have, in many cases, 

eliminated profit margins, especially 

among operations that do not have the 

ability to take advantage of economies of 

scale. Without intervention, marketing 

and operational challenges may result in 

decisions to cease organic dairy 

operations entirely, which will reduce 

the organic dairy market. 

The organic dairy market is closely 

linked to the domestic organic feed 

market. Reduction in organic dairy 

numbers would consequently result in 

reduction in organic feed demand. 

Organic grain and forage commodities 

have traditionally been relatively small 

markets where the domestic U.S. 

demand for organic feed has outstripped 

supply, resulting in the need for 

imports. Input costs and availability, 

especially feed, have seen several years 

of sustained increases and volatility due 

to a variety of factors that has impacted 

increased costs of production. In 2023, 

drought conditions affected many areas 

in which organic dairies operate. Many 

of these operations rely on grazing and 

therefore required the purchase of forage 

from a distressed and limited market. 

Contraction of the organic industry, 

including availability of organic forage 

operators, also continues to affect the 

availability of major organic feed and 

forage commodities for organic dairy 

operations. 

In addition to these input costs and 

challenges, organic dairy farmers also 

have seen higher delivery and marketing 

costs as in prior years, especially those 

related to transportation and hauling. As 

part of the system through which all 

dairy farmers provide milk and dairy 

products to consumers, dairies bear the 

costs of milk hauling and other 

marketing costs. These marketing costs 

for organic dairies, however, can be 

significantly greater than the 

conventional market because of the 

unique and limited marketing system 

structure within the United States. In 

addition, participants in the organic 

dairy sector must take additional steps 

to keep the organic milk separated and 

its status as organic clearly preserved. In 

some cases, these requirements 

necessitate longer and more costly 

hauling routes, including the costs of 

finding truck drivers willing to cover 


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79506 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 

1FSA’s increase to 9 million pounds aligns with 

a change made in 2023 in the Pandemic Market 

Volatility Assistance Program administered by the 

Agricultural Marketing Service (AMS) for organic 

dairy farmers to increase the eligibility cap for 

payments in that program from 5 million to 9 

million pounds, an increase intended to provide 

additional support to medium-sized organic dairy 

farmers. 

longer routes with multiple stops. 

Finding truckers with the experience 

and training to operate tanker trucks 

and irregular scheduling for milk 

hauling, exacerbates these challenges 

further. 

Organic dairy operations also tend to 

be smaller farms than conventional 

dairy operations, which means they 

often have less production to spread the 

various fixed costs over or have higher 

per unit costs. Additionally, marketing 

costs that include cooperative dues, 

capital retains, and mandated 

advertising and promotional 

assessments influence the bottom line of 

organic dairy operations, especially 

small and mid-size operations. 

Therefore, organic dairy operations 

often do not benefit from the same 

economies of scale as conventional 

dairies. In particular, milk pick-up and 

hauling costs may be a challenge due to 

the need to have dedicated organic pickup routes that need to stop at multiple 

farms or use smaller tankers. 

FSA will administer ODMAP 2024 in 

a similar manner as the previous 

ODMAP NOFA for 2023 published on 

May 24, 2023 (87 FR 33563–33564); 

however, FSA has made changes to 

improve the operation of ODMAP, as 

explained in this NOFA, including a 

revision of the marketing assistance 

payment calculation by using organic 

milk pricing instead of commercial milk 

pricing. 

ODMAP 2024 will provide payments 

to eligible organic dairy operations that 

produce milk from cows as well as 

organic dairy operations that produce 

milk from goats and sheep. All three 

types of organic dairy operations are 

eligible since all three types of 

operations face the same challenges 

related to organic marketing and 

generally follow similar business and 

marketing models, such as pooling milk 

through cooperatives or selling directly 

to milk processors that make dairy 

products such as cheese. While there are 

fewer, and, therefore, less data available 

on, organic dairy operations that 

produce milk from goats and sheep 

compared to cows, based on the fact that 

all three operations face the same 

challenges and have the same business 

and marketing models, the impact of 

increased marketing costs to the market 

for, and therefore consumption of, 

organic dairy is understood to remain 

constant across all three. 

Data to estimate the marketing costs 

for all species relies on conventional 

cow milk estimates, since more specific 

national organic cow, sheep, or goat 

estimates are not available. Given the 

unique marketing challenges and 

strategies for organic dairy operations 

discussed above, these conventional 

estimates are likely to be conservative 

and do not reflect the full marketing 

costs for organic production. 

Through ODMAP 2024, USDA is 

assisting organic dairy operations by 

providing payments to assist with their 

projected marketing costs in 2024. The 

Commodity Credit Corporation (CCC) 

Charter Act (15 U.S.C. 714c(e)) includes 

authority for CCC to use its general 

powers and funding to increase the 

domestic consumption of agricultural 

commodities (other than tobacco) by 

expanding or aiding in the expansion of 

domestic markets or by developing or 

aiding in the development of new and 

additional markets, marketing facilities, 

and uses for such commodities. USDA 

is providing this marketing assistance to 

organic dairy producers to help keep 

organic dairies in operation by aiding in 

the expansion of the domestic market 

for organic dairy, which will increase 

domestic consumption of organic dairy, 

in order to counteract the currently 

projected reduction in this market. 

According to USDA’s Organic Integrity 

Database, from 2021 through 2024, 19 

percent of certified organic dairy 

operations have gone out of business. 

Without the ODMAP 2024 marketing 

assistance, it is projected that organic 

dairies, and particularly small organic 

dairies, may cease or decrease organic 

dairy production and reduce the 

domestic supply and consumption of 

organic milk. 

FSA designed ODMAP 2024 to 

provide marketing assistance to certified 

organic dairy operations that produce 

organic milk from dairy cows, dairy 

goats, or dairy sheep. ODMAP 2024 

provides one-time payment for a cost 

share of projected marketing costs for 

eligible organic dairies for 2024, not to 

exceed 9 million pounds of organic milk 

marketed per operation. FSA has 

increased the production level eligible 

for cost share assistance to 9 million 

pounds from the 5 million used in the 

2023 version of ODMAP in order to 

make additional assistance available to 

organic dairy operations that are 

vulnerable due to narrow margins and at 

risk of going out of business. For 

ODMAP in 2023, eligible organic dairy 

operations were limited to cost-share 

assistance on their first 5 million 

pounds of production. Upon further 

review, FSA determined that increasing 

the production level eligible for costshare assistance in ODMAP 2024 from 

5 million pounds to 9 million pounds 1

would broaden the level of support 

provided by this program to provide a 

greater impact on the market for organic 

dairy. While all eligible organic dairy 

operations may receive cost-share 

assistance on up to 9 million pounds of 

production, this increased production 

level for cost-share will provide a 

greater impact on the marketing of small 

and mid-sized organic dairy operations 

who are most vulnerable to market 

impacts because of higher input costs 

from lacking the economies of scale of 

larger operations and for whom this 

higher production level represents a 

greater proportion of these dairies’ 

overall production. This increased 

production level eligible for cost-share 

is intended to further increase 

consumption of organic dairy by 

providing greater assistance to 

producers to market their organic dairy 

products and thereby expand the 

availability of marketed organic dairy 

products. 

All organic dairy operations that 

apply for ODMAP 2024 will be required 

to provide their USDA certification of 

organic status, confirming their 

operation as an organic dairy operation 

at the time of application. In order to 

calculate projected marketing costs for 

2024, the streamlined process will have 

operations certify to their organic milk 

production for the 2023 calendar year, 

that was marketed directly as organic 

milk or indirectly through organic dairy 

products or a projection of pounds of 

organic milk marketed in 2024 if 

warranted due to changes in 

circumstances between 2023 and 2024 

supported by documentation as 

discussed further below. While 

production documentation for 2023 

production is not required at the time of 

application, operations should retain 

supporting documentation and 

calculations for 3 years should they be 

selected for a spot check. 

FSA will administer ODMAP 2024 on 

behalf of CCC, using CCC funds. The 

ODMAP 2024 payment may be issued in 

2 parts. 

There is $58 million from CCC funds 

available for ODMAP 2024 marketing 

assistance. ODMAP 2024 payments will 

be subject to availability of funding. 

FSA will make an initial payment to 

eligible applicants factored by 75 

percent. If sufficient available funding 

remains at the conclusion of the 

application period, an additional 

payment of up to the remaining 25 

percent may be made to each eligible 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 79507 

applicant if USDA determines that 

additional marketing assistance is still 

needed. 

The funds announced in this NOFA 

are not subject to sequestration. 

Average Milk Marketing Cost 

The only available estimates to 

calculate an average milk marketing cost 

are from milk marketed through the 

Federal Milk Marketing Orders 

(FMMO), which is primarily 

conventional cow milk. There are no 

national-level data sets on milk 

marketing and hauling costs specific to 

organic sheep or goat operations. While 

an estimated average milk marketing 

cost from FMMO is likely conservative 

given the likely higher per unit costs for 

smaller operations that are more 

common for organic production, and the 

unique marketing challenges facing 

organic dairy operations, the similarities 

in marketing options and costs between 

conventional and organic make it the 

best proxy available. This is particularly 

true after FSA adjusts the estimated 

average milk marketing cost from the 

FMMO by using the 2021 NASS AllMilk price for organic milk, which 

better takes into account the increased 

price for organic milk as compared to 

the conventional price of milk used 

under ODMAP for 2023. 

To develop the ODMAP 2024 

payment rate, FSA worked with the 

Agricultural Marketing Service (AMS) to 

determine an average marketing cost per 

hundredweight, using the AMS data 

from the FMMO regional model 

documentation (https://

www.ams.usda.gov/sites/default/files/ 

media/FinalDecisionEconometric

ModelDocumentation.pdf), which 

estimates the relationship between each 

FMMO uniform milk price and the 

National Agriculture Statistics Service 

(NASS) all-milk price. To take into 

account the price difference between 

conventional milk and organic milk, the 

2021 NASS All-Milk price for organic 

milk is used to determine an average 

marketing cost per hundredweight 

instead of the 2020 All-Milk price for 

conventional milk used for ODMAP. 

Through this comparison using the 

2021 NASS All-Milk price for organic 

milk, the model estimates the milk 

marketing and hauling fees that are 

deducted in the net producer milk 

marketing statements (producers’ 

paychecks). 

Averaging these estimates of milk 

marketing costs among orders results in 

an average of $1.68 per hundredweight 

for 2023, which will be used as the 

average milk marketing cost to calculate 

the ODMAP 2024 payment. 

Eligibility 

To be eligible for ODMAP, the organic 

dairy operation must produce and 

market organic milk from cows, goats, or 

sheep at the time of application, provide 

their USDA Certification of organic 

status for 2024, and have documentation 

to support any certified projection of 

2024 pounds of organic milk marketed. 

To be eligible for ODMAP 2024 

marketing assistance each applicant 

must: 

(1) Submit a FSA–630–1 application 

and any additional required 

documentation as specified in the 

Application Process section below; and 

(2) Comply with all provisions of this 

NOFA and comply with the following 

regulations: 

• 7 CFR part 12—Highly Erodible 

Land and Wetland Conservation; 

• 7 CFR 718.6, Controlled Substance; 

and 

• 7 CFR part 707—Payments Due 

Persons Who Have Died, Disappeared, 

or Have Been declared Incompetent, if 

applicable. 

In addition, consistent with other FSA 

assistance programs, a producer must be 

a: 

• Citizen of the United States; 

• Resident alien, which for purposes 

of ODMAP 2024 means ‘‘lawful alien’’ 

as defined in 7 CFR 1400.3; 

• Partnership consisting solely of 

citizens of the United States or resident 

aliens; or 

• Corporation, limited liability 

company, or other organizational 

structure organized under State law 

consisting solely of citizens of the 

United States or resident aliens. 

Federal, State, and local governments 

are not eligible for ODMAP 2024 

payments. 

Payment Rates and Calculations 

The ODMAP 2024 initial payment 

will be calculated by using the 

producer-certified pounds of organic 

milk projected to be marketed in 2024, 

multiplied by the $1.68 per cwt ODMAP 

2024 payment rate, multiplied by a 

factor of 75 percent. The pounds of 

organic milk projected to be marketed in 

2024 will be: 

(i) the self-certified organic milk 

production marketed directly by the 

operation in 2023 or used as inputs in 

related-organic dairy products marketed 

in 2023, that can be supported by 

documentation maintained in the 

ordinary course of business, or 

(ii) if approved by the Deputy 

Administrator, an operation-specific 

certified estimate of organic milk 

projected to be marketed in 2024 that is 

supported by documentation 

maintained in the ordinary course of 

business from the applicant. 

Operations that (a) transitioned to 

organic in 2023 or 2024, (b) are new 

organic operations in 2023 or 2024, or 

(c) have increased organic milk 

production capacity by 15 percent or 

greater in 2024 as compared to 2023, 

may request to use a certified estimate 

of their operation’s reasonably projected 

organic milk to be marketed in 2024 

based on average daily organic 

production of current herd that can be 

supported by documentation 

maintained in the ordinary course of 

business, including, but not limited to 

milk marketing statements, active base 

milk production records, 

contemporaneous records, or similar 

supporting documentation, as may be 

requested by the Deputy Administrator. 

These operations must provide an 

explanation of the basis for their 

monthly projections on the form FSA– 

630–1 and how those projections are 

supported by the supporting 

documentation they submit with the 

application. All organic dairy operations 

making such a request must submit with 

their application all available 2024 milk 

marketing statements, in addition to all 

other documentation necessary to 

support their certification. Organic dairy 

operations should contact their local 

FSA Service Center if they have 

questions regarding their particular 

circumstances and the documentation 

necessary to support such a request. The 

request will be evaluated by the Deputy 

Administrator at the Deputy 

Administrator’s discretion to assess 

whether the estimate is adequately 

supported by documentation and 

reasonable based on the documented 

average daily production of current 

organic herd. 

The ODMAP 2024 initial payments 

factored at 75 percent will be made to 

eligible applicants on a rolling basis as 

applications are submitted and 

approved. If funds remain at the 

conclusion of the application period, a 

second payment to eligible applicants of 

up to the remaining 25 percent may be 

issued subject to available funding and 

a determination by FSA of the need for 

additional marketing assistance based 

on discussions with USDA experts and 

economists, industry, and stakeholders 

regarding impact of initial marketing 

assistance on domestic consumption of 

organic dairy. 

Organic dairy operations are only 

eligible for payment on up to 9 million 

pounds of organic milk. 

Application Process 

FSA will make available to organic 

dairy operations form FSA–630–1 to 


ddrumheller on DSK120RN23PROD with NOTICES1
79508 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 

apply for assistance for 2023 milk 

production or 2024 estimated milk 

production for dairy operations that 

provide supporting documentation 

demonstrating increased estimated 2024 

milk production in comparison to 2023 

milk production. FSA will accept 

applications from September 30, 2024 

through November 29, 2024. To apply 

for ODMAP 2024 marketing assistance, 

all applicants must submit a completed 

form FSA–630–1 and all other required 

documentations to their administrative 

FSA county office by November 29, 

2024. 

Applicants must submit the following 

forms, if not already on file, in person 

or by mail, email, facsimile: 

• Form FSA–630–1, ODMAP 2024 

Application; 

• Manual Form CCC–902–I, Farm 

Operating Plan for an Individual, as 

applicable; 

• Manual Form CCC–902E, Farm 

Operating Plan for an Entity, as 

applicable; 

• CCC–901, Member Information for 

Legal Entities (if applicable); 

• AD–1026, Highly Erodible Land 

Conservation (HELC) and Wetland 

Conservation (WC) Certification; and 

• AD–2047, Customer Data 

Worksheet. 

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 ODMAP 2024. 

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 on requests to waive 

or modify ODMAP 2024 provisions will 

not be considered an adverse decision 

and is, by itself, not appealable. 

Evaluation and Approval of Payments 

FSA will review each ODMAP 2024 

application and supporting 

documentation to determine eligibility. 

FSA, on behalf of CCC, will approve 

applications for an ODMAP 2024 

payment for eligible applicants 

consistent with the terms specified in 

this document. 

If requested by FSA, the applicant 

must provide additional supporting 

documentation to verify the accuracy of 

information provided on the 

application. If any supporting 

documentation is requested, the 

documentation must be submitted to 

FSA within 30 calendar days from the 

request or the application will be 

disapproved by FSA, and, if payment 

has been made, full ODMAP 2024 

payment will be required to be refunded 

to FSA with interest from the date of 

disbursement. ODMAP 2024 is subject 

to the availability of funding and will be 

funded in the order in which 

applications are approved. If additional 

funding is allocated to ODMAP 2024 

after initial funding is depleted, 

additional applications will be 

reviewed, approved, and funded, if the 

eligibility criteria is met, in the order 

received during the application period, 

subject to the availability of those 

additional funds. 

An ODMAP 2024 initial payment will 

be issued after an application is 

approved. At the end of the application 

period, a second payment may be issued 

to eligible applicants. 

Provisions Requiring Refund to FSA 

In the event any ODMAP 2024 

payment resulted from erroneous 

information or a miscalculation, the 

payment will be recalculated, and the 

participant must refund any excess 

payment to FSA with interest to be 

calculated from the date of the 

disbursement to the participant. If, for 

whatever reason, FSA determines that 

the applicant misrepresented either the 

reported organic milk production or 

organic certification or is otherwise 

ineligible for payment, the application 

will be disapproved, and the full 

ODMAP 2024 payment will be required 

to be refunded to FSA with interest from 

the date of disbursement. ODMAP 2024 

applications, the form FSA–630–1, will 

be reviewed and spot-checked by FSA 

for program eligibility and payment 

calculation purposes through milk 

marketing statements or similar 

supporting documentation. ODMAP 

2024 participants must retain all 

supporting documentation for 3 years. 

The liability of anyone for any penalty 

or sanction resulting from an ODMAP 

2024 application, or for any refund to 

FSA, is in addition to any other liability 

of such person under any civil or 

criminal fraud statute or any other 

provision of law including, but not 

limited to: 18 U.S.C. 286, 287, 371, 641, 

651, 1001, and 1014; 15 U.S.C. 714; and 

31 U.S.C. 3729. 

Miscellaneous Provisions 

Appeal regulations specified in 7 CFR 

parts 11 and 780 apply. FSA program 

requirements and determinations that 

are not in response to, or result from, an 

individual disputable set of facts in an 

individual participant’s application for 

assistance are not matters that can be 

appealed. 

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 organic dairy operations to qualify 

for the ODMAP 2024 payment. ODMAP 

2024 provides one-time payment to the 

eligible organic dairy operations as 

described in this NOFA. 

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 

regulations for compliance with NEPA 

(7 CFR part 799). 

The purpose of ODMAP 2024 is to 

provide marketing assistance funding to 

organic dairy operations in the United 

States to increase the domestic 

consumption of organic milk and 

organic milk products by aiding in the 

expansion of the organic milk market. 

The limited discretionary aspects of 

ODMAP 2024 do not have the potential 

to impact the human environment as 

they are administrative. Accordingly, 

these discretionary aspects are covered 

by the categorical exclusions in 7 CFR 

799.31(b)(6)(iii) that applies to price 

support programs, provided no 

extraordinary circumstances are found 

to exist. As such, the implementation of 

ODMAP 2024 and the participation in 

ODMAP 2024 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, to which this 

document applies is 10.977, Organic 

Dairy Marketing Assistance Program 

(ODMAP) 2024. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 79509 

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. 

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: (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. 

Steven Peterson, 

Administrator, Farm Service Agency, and 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2024–22346 Filed 9–27–24; 8:45 am] 

BILLING CODE 3411–E2–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Gifford Pinchot National Forest; 

Washington; Spirit Lake Outflow 

Safety Improvement Project 

AGENCY: Forest Service, Agriculture 

(USDA). 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The USDA Forest Service is 

preparing an environmental impact 

statement for the Spirit Lake Outflow 

Safety Improvement Project (Project). 

Spirit Lake is within the Mount St. 

Helens National Volcanic Monument 

within the Gifford Pinchot National 

Forest, about 52 miles northeast of 

Portland, Oregon. The purpose of the 

Project is to provide for the safety of 

downstream communities by reducing 

the risk of flooding and mudflows from 

a failure of the Spirit Lake debris 

blockage. The Spirit Lake tunnel is at 

risk of failure due to its construction 

under emergency conditions and 

location in an area of volcanic, geologic, 

hydrologic, and seismic hazards. 

Downstream communities of nearly 

50,000 people are at risk of catastrophic 

mudflow and flooding following a full 

lake breach. The Planning, Appeals, and 

Litigation System identification number 

for the Project is 66482. 

DATES: Comments concerning the scope 

of the analysis must be received by 

November 14, 2024. The draft 

environmental impact statement is 

expected May 2025, and the final 

environmental impact statement is 

expected October 2025. 

ADDRESSES: Send written scoping 

comments via U.S. Mail to Kelsey Jolley, 

Spirit Lake NEPA Coordinator, 987 

McClellan Road, Vancouver, WA 98661. 

Comments may also be submitted 

electronically through the Comment and 

Analysis Response Application (CARA) 

at https://cara.fs2c.usda.gov/Public//

CommentInput?Project=66482. An inperson public scoping meeting will be 

held at the Cowlitz County Event Center 

located at 1900 7th Avenue, Longview, 

Washington from 4 to 8 p.m. on 

Wednesday October 23, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kelsey Jolley, NEPA Coordinator, 

Phone: 360–891–5021, Email: 

SM.FS.SpiritLake@usda.gov. Individuals 

who use telecommunication devices for 

the deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339, 24 hours a day, every 

day of the year, including holidays. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action 

The purpose of the Spirit Lake 

Outflow Safety Improvement Project is 

to provide for the safety of downstream 

communities by reducing the risk of 

flooding and mudflows from a failure of 

the Spirit Lake debris blockage. 

Following the 1980 eruption of Mount 

St. Helens, Spirit Lake’s natural outlet to 

the Toutle River system was blocked by 

the landslide and debris flow from the 

eruption. The Spirit Lake tunnel was 

constructed under emergency 

conditions to address the imminent 

public safety threat posed by rising 

water levels in Spirit Lake. The tunnel 

is in an area with volcanic, geologic, 

hydrologic, and seismic hazards. The 

geological pressures on the tunnel have 

caused rock heave, compression, 

cracking, and support failures, 

necessitating periodic repairs. As the 

tunnel ages, it will require more 

frequent and longer closures for repair 

to prevent failure. It is not expected to 

remain serviceable without significant 

repair and/or upgrade. A failure would 

result in rising lake levels that could 

exceed the maximum safe operating 

level, at which point pressure from 

rising water levels could force the 

breaching of the natural debris blockage, 

putting the downstream population of 

approximately 50,000 people at risk of 

catastrophic flooding and mudflows. 

The actions proposed for this project 

are needed to: 

• Accommodate lake level rise from a 

flood event without exceeding a 

designated maximum safe level. The 

current average operating level is 3,440 

feet ± 4 feet, with a maximum safe level 

of 3,460 feet elevation. Reduced tunnel 

diameter from shear led to a reduction 

in the maximum design discharge of the 

tunnel. Reduction in design discharge 

leads to faster lake level rise during 

storm events. For this reason, the tunnel 

is no longer functioning at optimal 

capacity, which increases the risk of 

debris blockage failure as lake levels 

approach the maximum safe level of 

3,460 feet elevation. 

• Improve access reliability to 

outflow infrastructure. Current travel to 

the existing intake infrastructure takes 

an average of 4.5 hours and requires a 

combination of travel modes including 

high-clearance passenger vehicle, utility 

terrain vehicle, and boat. This access 

does not allow for mobilization of heavy 

equipment to the inlet for necessary 

repair. A moving, floating, 40-acre log 

debris mat can prevent boat access 

depending on weather conditions. The 

site is under snow a significant portion 

of the year, which precludes year-round 

access to the inlet. Helicopter access is 


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