[Federal Register Volume 89, Number 210 (Wednesday, October 30, 2024)]
[Notices]
[Pages 86310-86311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25209]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency

[Docket ID FSA-2023-0011]


Notice; Emergency Livestock Relief Program (ELRP) 2022

AGENCY: Farm Service Agency, USDA.

ACTION: Notice.

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SUMMARY: The Farm Service Agency (FSA) is issuing this notice to 
announce that it is issuing a second round of payments for ELRP 2022 
participants. These payments will be subject to a modified payment 
calculation in compliance with a court order currently in effect.

FOR FURTHER INFORMATION CONTACT: Kathy Sayers; telephone: (202) 720-
6870; email: <a href="/cdn-cgi/l/email-protection#4f042e3b2736611c2e362a3d3c0f3a3c2b2e61282039"><span class="__cf_email__" data-cfemail="9ed5ffeaf6e7b0cdffe7fbeceddeebedfaffb0f9f1e8">[email protected]</span></a>. 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

    FSA announced ELRP 2022 in a notice published in the Federal 
Register on September 27, 2023 (88 FR 66361-66366). Eligible livestock 
producers were not required to submit an application for ELRP 2022. As 
specified in the September 2023 notice, FSA is using data already 
submitted to FSA through the Livestock Forage Disaster Program (LFP).
    Initial ELRP 2022 payments were issued immediately after 
publication of the notice based on a producer's gross 2022 LFP 
calculated payment.\1\
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    \1\ The deadline to submit a 2022 LFP Application was January 
30, 2023.
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    The ELRP 2022 Notice of Funding Availability provided that the 
initial ELRP 2022 payment was equal to the eligible livestock 
producer's gross 2022 LFP calculated payment multiplied by an 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. It also specified that a 
second payment of up to 75 percent may be issued if funds remain 
available after initial payments are completed. Funding remains 
available.
    This notice announces that FSA will issue a second ELRP 2022 
payment for an additional 7.25-percent factor with available funding.
    On June 7, 2024, the United States District Court for the Northern 
District of Texas, Amarillo Division, issued a preliminary injunction 
in Rusty Strickland et al. v. U.S. Dept. of Agriculture et al. (Case 
No. 2:24-CV-60-Z) enjoining USDA ``from making or increasing payments, 
or providing any additional relief, based on its `socially 
disadvantaged farmer or rancher' designation under [the Emergency 
Relief Program (ERP) 2022], whether used directly or as a subset of its 
`underserved farmer or rancher' designation.'' \2\ The complaint

[[Page 86311]]

challenges FSA's use of the socially disadvantaged farmer or rancher 
designation in several programs, including ELRP 2022; however, the 
preliminary injunction was applicable by its terms only to ERP 2022 
\3\, which was the only program for which the application period was 
open.
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    \2\ For ERP 2022 and ELRP 2022, ``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.
    \3\ FSA issued a notice to announce the actions it was taking to 
comply with the preliminary injunction related to payment 
calculations for ERP 2022 on August 23, 2024. (89 FR 68125)
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    As USDA informed the court in Strickland,\4\ FSA will issue the 
second ELRP 2022 payments in a manner ``consistent with the terms of 
the preliminary injunction, including not making or increasing any such 
payments based on the use of the socially disadvantaged designation.'' 
Provided there are no other complicating factors (such as payment 
limitations), if they have the same gross 2022 LFP calculated payment, 
a producer who is considered underserved based solely on a socially 
disadvantaged designation and a non-underserved producer will receive 
the same payment in dollars in any second round of ELRP 2022 payments 
while the preliminary injunction is in effect.
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    \4\ Defendants' Notice of Compliance with the Court's 
Preliminary Injunction Order, at 2, ECF No. 27.
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    FSA intends to begin issuing these payments following publication 
of this document. If the preliminary injunction is lifted, with 
available funds, FSA will make or update payments to affected and 
eligible socially disadvantaged producers consistent with the terms of 
the Notice of Funding Availability.

Steven Peterson,
Acting Administrator, Farm Service Agency.
[FR Doc. 2024-25209 Filed 10-29-24; 8:45 am]
BILLING CODE 3411-EB-P


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