[Federal Register Volume 87, Number 96 (Wednesday, May 18, 2022)]
[Notices]
[Pages 30164-30172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10628]


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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 87, No. 96 / Wednesday, May 18, 2022 / 
Notices

[[Page 30164]]



DEPARTMENT OF AGRICULTURE

Farm Service Agency

[Docket ID FSA-2022-0004]


Notice of Funds Availability; Emergency Relief Program (ERP)

AGENCY: Farm Service Agency, USDA.

ACTION: Notification of funding availability.

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SUMMARY: The Farm Service Agency (FSA) is issuing this notice 
announcing ERP. ERP will provide assistance to producers for losses to 
crops, trees, bushes, and vines due to wildfires, hurricanes, floods, 
derechos, excessive heat, winter storms, freeze (including a polar 
vortex), smoke exposure, excessive moisture, qualifying drought, and 
related conditions occurring in calendar years 2020 and 2021. ERP 
assistance will be provided in two phases. This document provides the 
eligibility requirements, application process, and payment calculations 
for ERP Phase 1, which will provide payments for crop production losses 
and tree, bush, and vine losses calculated using certain data from 
previously issued crop insurance indemnities and Noninsured Crop 
Disaster Assistance Program (NAP) payments.

DATES: 
    Funding availability: Implementation will begin May 18, 2022.
    Comment Date: We will consider comments on the Paperwork Reduction 
Act that we receive by: July 18, 2022.

ADDRESSES: We invite you to submit comments on the information 
collection request. You may submit comments by any of the following 
methods, although FSA prefers that you submit comments electronically 
through the Federal eRulemaking Portal:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov and search for Docket ID FSA-2022-0004. Follow the 
online instructions for submitting comments.
    <bullet> Mail, Hand-Delivery, or Courier: Director, Safety Net 
Division, FSA, USDA, 1400 Independence Avenue SW, Stop 0510, 
Washington, DC 20250-0522. In your comment, specify the docket ID FSA-
2022-0004.
    All comments will be posted without change and publicly available 
on http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Tona Huggins; telephone: (202) 720-
6825; email: <a href="/cdn-cgi/l/email-protection#6a1e05040b44021f0d0d0304192a1f190e0b440d051c"><span class="__cf_email__" data-cfemail="d1a5bebfb0ffb9a4b6b6b8bfa291a4a2b5b0ffb6bea7">[email protected]</span></a>. Persons 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

    Division B, Title I, of the Extending Government Funding and 
Delivering Emergency Assistance Act (Pub. L. 117-43) provides $10 
billion for necessary expenses related to losses of:
    <bullet> Crops;
    <bullet> Trees;
    <bullet> Bushes; and
    <bullet> Vines.
    To be eligible for assistance, the loss must be a consequence of 
one of the following qualifying disaster events occurring in the 2020 
or 2021 calendar years:
    <bullet> Droughts;
    <bullet> Wildfires;
    <bullet> Hurricanes;
    <bullet> Floods;
    <bullet> Derechos;
    <bullet> Excessive heat;
    <bullet> Winter storms;
    <bullet> Freeze, including a polar vortex;
    <bullet> Smoke exposure; and
    <bullet> Excessive moisture.
    Losses due to drought are only 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.
    FSA is using the funding to assist producers who suffered eligible 
losses through several programs.\1\ In this document, FSA is announcing 
ERP, which will assist producers who suffered losses of crops, trees, 
bushes, or vines due to qualifying disaster events. FSA will administer 
ERP in two phases:
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    \1\ FSA previously announced ELRP on April 4, 2022 (87 FR 19465-
19470). The Milk Loss Program and On-Farm Stored Commodity Loss 
Program will be announced in a future rule. These programs and ERP 
have the same funding source.
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    <bullet> ERP Phase 1 will use a streamlined process with pre-filled 
application forms. It will provide payments for crop production losses 
and tree, bush, and vine losses in certain situations where data are 
already on file with FSA or the Risk Management Agency (RMA), as a 
result of the producer previously receiving a NAP payment or a crop 
insurance indemnity under certain crop insurance policies. This 
document provides the eligibility requirements, application process, 
and payment calculations for ERP Phase 1.
    <bullet> ERP Phase 2 will provide payments for other eligible 
losses through a more traditional application process during which 
eligible producers will provide all data required to calculate a 
payment. FSA will announce ERP Phase 2 provisions and application 
period in a future Federal Register document.

Definitions

    The definitions in 7 CFR parts 718 and 1400 apply to ERP, except as 
otherwise provided in this document. The following definitions also 
apply.
    Administrative fee means the amount an insured paid for 
catastrophic risk protection, and additional coverage for each crop 
year as specified in the applicable crop insurance policy.
    Average adjusted gross farm income means the average of the portion 
of the person or legal entity's adjusted gross income derived from 
farming, ranching, or forestry operations for the 3 taxable years 
preceding the most immediately preceding complete taxable year. The 
relevant tax years are:
    (1) For the 2020 program year, 2016, 2017, and 2018;
    (2) For the 2021 program year, 2017, 2018, and 2019; and
    (3) For the 2022 program year,\2\ 2018, 2019, and 2020.
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    \2\ The 2022 crop year is included because a qualifying disaster 
event occurring in the 2021 calendar year may have caused a loss of 
a crop during the 2022 crop year, based on how ``crop year'' is 
defined in the applicable crop insurance policy or NAP provisions.
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    Average adjusted gross income means the average of the adjusted 
gross income as defined under 26 U.S.C. 62 or comparable measure of the 
person or legal entity. The relevant tax years are:

[[Page 30165]]

    (1) For the 2020 program year, 2016, 2017, and 2018;
    (2) For the 2021 program year, 2017, 2018, and 2019; and
    (3) For the 2022 program year, 2018, 2019, and 2020.
    Beginning farmer or rancher means a farmer or rancher who has not 
operated a farm or ranch for more than 10 years and who materially and 
substantially participates in the operation. For a legal entity to be 
considered a beginning farmer or rancher, at least 50 percent of the 
interest must be beginning farmers or ranchers.
    Bush means a low, branching, woody plant, from which at maturity of 
the bush, an annual fruit or vegetable crop is produced for commercial 
market for human consumption, such as a blueberry bush. The definition 
does not cover nursery stock or plants that produce a bush after the 
normal crop is harvested.
    Buy-up NAP coverage means NAP coverage at a payment amount that is 
equal to an indemnity amount calculated for buy-up coverage computed 
under section 508(c) or (h) of the Federal Crop Insurance Act and equal 
to the amount that the buy-up coverage yield for the crop exceeds the 
actual yield for the crop.
    Catastrophic coverage has the same meaning as in 7 CFR 1437.3.
    Coverage level means the percentage determined by multiplying the 
elected yield percentage under a crop insurance policy or NAP coverage 
by the elected price percentage.
    Crop insurance means an insurance policy reinsured by the Federal 
Crop Insurance Corporation under the provisions of the Federal Crop 
Insurance Act, as amended. It does not include private plans of 
insurance.
    Crop insurance indemnity means the payment to a participant for 
crop losses covered under crop insurance administered by RMA in 
accordance with the Federal Crop Insurance Act (7 U.S.C. 1501-1524).
    Crop year means:
    (1) For insured crops, trees, bushes, and vines, the crop year as 
defined according to the applicable crop insurance policy; and
    (2) For NAP-covered crops, the crop year as defined in 7 CFR 
1437.3.
    Deputy Administrator means the FSA Deputy Administrator for Farm 
Programs.
    FCIC means the Federal Crop Insurance Corporation, a wholly owned 
Government Corporation of USDA, administered by RMA.
    Historically 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.
    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 document; and
    (13) Any other activity related to farming, ranching, and forestry, 
as determined by the Deputy Administrator.
    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, based on 2 
years, did not exceed:
    (a) $180,300 in each of the 2017 and 2018 calendar years for the 
2020 program year;
    (b) $179,000 in each of the 2018 and 2019 calendar years for the 
2021 program year; or
    (c) $189,200 in each of the 2019 and 2020 calendar years for the 
2022 program year; 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 calendar 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 Resource 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.
    NAP means the Noninsured Crop Disaster Assistance Program, which is 
authorized by section 196 of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7333) and regulations in 7 CFR part 1437.
    NAP service fee means the fee the producer paid to obtain NAP 
coverage specified in 7 CFR 1437.7.
    Ownership interest means to have either a legal ownership interest 
or a beneficial ownership interest in a legal entity. For the purposes 
of administering ERP, a person or legal entity that owns a share or 
stock in a legal entity that is a corporation, limited liability 
company, limited partnership, or similar type entity where members hold 
a legal ownership interest and shares in the profits or losses of such 
entity is considered to have an ownership interest in such legal 
entity. A person or legal entity that is a beneficiary of a trust or 
heir of an estate who benefits from the profits or losses of such 
entity is considered to have a beneficial ownership interest in such 
legal entity.
    Premium means the premium paid by the producer for crop insurance 
coverage or NAP buy-up coverage levels.
    Program year means the crop year.
    Qualifying disaster event means wildfires, hurricanes, floods, 
derechos, excessive heat, winter storms, freeze (including a polar 
vortex), smoke exposure, excessive moisture, qualifying drought, and 
related conditions.
    Qualifying drought means an area within the county was rated by the 
U.S. Drought Monitor as having a drought intensity of D2 (severe 
drought) for eight consecutive weeks or D3 (extreme

[[Page 30166]]

drought) or higher level for any period of time during the applicable 
calendar year.
    Related condition means damaging weather and adverse natural 
occurrences that occurred concurrently with and as a direct result of a 
specified qualifying disaster event. Related conditions include, but 
are not limited to:
    <bullet> Excessive wind that occurred as a direct result of a 
derecho;
    <bullet> Silt and debris that occurred as a direct and proximate 
result of flooding;
    <bullet> Excessive wind, storm surges, tornados, tropical storms, 
and tropical depressions that occurred as a direct result of a 
hurricane; and
    <bullet> Excessive wind and blizzards that occurred as a direct 
result of a winter storm.
    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.
    Specialty crops means fruits, tree nuts, vegetables, culinary herbs 
and spices, medicinal plants, and nursery, floriculture, and 
horticulture crops. This includes common specialty crops identified by 
USDA's Agricultural Marketing Service at https://www.ams.usda.gov/services/grants/scbgp/specialty-crop and other crops as designated by 
the Deputy Administrator.
    Substantial beneficial interest (SBI) has the same meaning as 
specified in the applicable crop insurance policy. For the purposes of 
ERP Phase 1, Federal crop insurance records for ``transfer of coverage, 
right to indemnity'' are considered the same as SBIs.
    Tree means a tall, woody plant having comparatively great height, 
and a single trunk from which an annual crop is produced for commercial 
market for human consumption, such as a maple tree for syrup, or papaya 
or orchard tree for fruit. It includes immature trees that are intended 
for commercial purposes. Nursery stock, banana and plantain plants, and 
trees used for pulp or timber are not considered eligible trees.
    Unit means the unit structure as defined under the applicable crop 
insurance policy for insured crops or in 7 CFR 1437.9 for NAP-covered 
crops.
    USDA means the U.S. Department of Agriculture.
    U.S. Drought Monitor means the system for classifying drought 
severity according to a range of abnormally dry to exceptional drought. 
It is a collaborative effort between Federal and academic partners, 
produced on a weekly basis, to synthesize multiple indices, outlooks, 
and drought impacts on a map and in narrative form. This synthesis of 
indices is reported by the National Drought Mitigation Center at http://droughtmonitor.unl.edu.
    Veteran farmer or rancher means a farmer or rancher who has served 
in the Armed Forces (as defined in 38 U.S.C. 101(10) \3\) and:
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    \3\ The term ``Armed Forces'' means the United States Army, 
Navy, Marine Corps, Air Force, Space Force, and Coast Guard, 
including the reserve components.
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    (1) Has not operated a farm or ranch for more than 10 years; or
    (2) Has obtained status as a veteran (as defined in 38 U.S.C. 
101(2) \4\) during the most recent 10-year period.
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    \4\ The 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.
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    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.
    Vine means a perennial plant grown under normal conditions from 
which an annual fruit crop is produced for commercial market for human 
consumption, such as grape, kiwi, or passion fruit, and that has a 
flexible stem supported by climbing, twining, or creeping along a 
surface. Nursery stock, perennials that are normally propagated as 
annuals such as tomato plants, biennials such as strawberry plants, and 
annuals such as pumpkin, squash, cucumber, watermelon, and other melon 
plants, are excluded from the term vine.

ERP Phase 1

    ERP Phase 1 will provide a streamlined application process for 
eligible losses during the 2020, 2021, or 2022 crop years \5\ for which 
a producer had:
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    \5\ The 2022 crop year is included because a qualifying disaster 
event occurring in the 2021 calendar year may have caused a loss of 
a crop during the 2022 crop year, based on how ``crop year'' is 
defined in the applicable crop insurance policy or NAP provisions.
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    <bullet> A Federal Crop Insurance policy that provided coverage for 
crop production losses or tree losses related to the qualifying 
disaster events and received an indemnity \6\ for a crop and unit, 
excluding perennial crops with an intended use of grazing; livestock 
policies; nursery; forage seeding; and Margin Protection Plan policies 
purchased without a base policy; or
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    \6\ For purposes of this program, indemnity does not include 
cottonseed endorsement payments, downed rice endorsement payments, 
sugarcane crop replacement endorsement payments, replant payments, 
or raisin reconditioning payments.
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    <bullet> NAP coverage and received a NAP payment for a crop and 
unit.
    ERP Phase 1 excludes losses to aquacultural species that were 
compensated under the Emergency Assistance for Livestock, Honey Bees, 
and Farm-raised Fish Program (generally referred to as ELAP) to avoid 
providing duplicate benefits for losses already at least partially 
compensated for by ELAP.
    The applicable crop insurance policies and NAP provide payments to 
producers for crop, tree, bush, and vine losses due to eligible causes 
of loss as defined respectively in the producer's crop insurance policy 
or NAP, which includes crop production losses and tree losses due to 
the qualifying disaster events eligible for ERP. Where such an overlap 
has been identified, RMA and FSA are using certain data submitted by 
producers for crop insurance or NAP purposes to calculate a producer's 
eligible loss under ERP Phase 1. The ERP calculation is intended to 
compensate producers for a percentage of that loss determined by the 
applicable ERP factor, which varies based on the producer's level of 
crop insurance or NAP coverage, as described later in this document.
    Producers who did not qualify for assistance under Phase 1 who 
experienced losses to crops, trees, bushes, and vines, will be 
addressed under ERP Phase 2. Other losses to crops, trees, bushes, and 
vines will also be addressed under ERP Phase 2.\7\ ERP Phase 2 will 
address situations where a producer's records at RMA do not match the 
records at FSA. Further, producers who apply for payment under ERP 
Phase 1 may also apply under ERP Phase 2; however, payments under ERP

[[Page 30167]]

Phase 2 will take into account any amounts received for the crop and 
unit under ERP Phase 1. ERP Phase 2 provisions will be specified in a 
future Federal Register document.
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    \7\ Losses covered under ERP Phase 2 may include crop quality 
losses, losses for which the producer did not have an applicable 
crop insurance policy or NAP coverage for the crop and unit, and 
losses for which the producer had an applicable crop insurance 
policy or NAP coverage but the loss was not significant enough to 
result in a crop insurance indemnity or NAP payment or was otherwise 
excluded from ERP Phase 1.
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Eligibility

    To be eligible for payment under ERP Phase 1, a producer must have 
suffered a crop, tree, bush, or vine loss that was caused, in whole or 
in part, by a qualifying disaster event. Because under certain policies 
the amount of loss due to a qualifying disaster event cannot be 
separated from the amount of loss caused by other eligible causes of 
loss as defined by the applicable crop insurance policy or NAP, the ERP 
Phase 1 payment will be based on the producer's loss as long as those 
losses are in whole or in part caused by a qualifying disaster event.
    In addition, consistent with other FSA disaster assistance 
programs, a producer must be a:
    (1) Citizen of the United States;
    (2) Resident alien, which for purposes of ERP means ``lawful 
alien'' as defined in 7 CFR 1400.3;
    (3) Partnership consisting of solely of citizens of the United 
States or resident aliens;
    (4) Corporation, limited liability company, or other organizational 
structure organized under State law consisting solely of citizens of 
the United States or resident aliens; or
    (5) 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).
    Eligible crops include all crops for which crop insurance or NAP 
coverage was available, except for crops intended for grazing.

Application Process

    FSA and RMA will identify the producers who meet the criteria 
described above to apply for ERP Phase 1. For each of those producers, 
FSA will generate an FSA-520, Emergency Relief Program (ERP) Phase 1 
Application, with certain items pre-filled with information already on 
file with USDA. A separate application form will be generated for each 
applicable program year. FSA expects to begin mailing application forms 
in May to producers who received crop insurance indemnities, and to 
begin mailing forms to producers who received NAP payments later in the 
summer. FSA will mail application forms for policy holders with 2021 
crop year coverage under Stacked Income Protection (STAX), Supplemental 
Coverage Option (SCO), Enhanced Coverage Option (ECO), Margin 
Protection (MP), and Area Risk Protection Insurance (ARPI) when data 
become available.
    For producers who received a crop insurance indemnity for eligible 
policies, the pre-filled application will include the producer's 
physical State and county codes, pay unit numbers, crops, and gross 
indemnities. While the majority of crop insurance policies may cover an 
eligible crop loss, a small number do not and are not eligible for ERP, 
including livestock policies and margin policies. Even if a policy is 
included in ERP Phase 1, the producer will need to certify that their 
payment under any such policy was in whole or in part due to a crop 
loss related to a qualifying disaster event. For producers who received 
a NAP payment, the pre-filled applications will include the producer's 
administrative State and county codes, unit numbers, crops, pay groups, 
and gross NAP payments. FSA will also pre-fill the calculated ERP Phase 
1 payment amounts, prior to any payment reductions.\8\ Producers cannot 
alter the data in these pre-filled items. If a producer believes that 
any information that has been pre-filled is incorrect, the producer 
should contact their crop insurance agent for insured crops or their 
FSA county office for NAP-covered crops.
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    \8\ Similar to other disaster programs administered by FSA, 
payment reductions will be made to account for payment limitation, 
lack of compliance with highly erodible land conservation and 
wetland conservation requirements, and prorating of payments to stay 
within available funding as discussed later in this document.
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    Receipt of a pre-filled application form is not a confirmation that 
the producer is eligible to receive an ERP Phase 1 payment. In order to 
receive a payment, the producer must certify that their crop insurance 
indemnity or NAP payment on which the ERP Phase 1 payment will be based 
was due, in whole or in part, to a crop production loss or a loss of 
trees, bushes, or vines caused by a qualifying disaster event. 
Producers are responsible for reviewing the list of qualifying disaster 
events, and if a loss was due to drought, producers must also ensure 
that the county where the crop and unit was located meets the 
definition of ``qualifying drought.'' FSA will provide a factsheet and 
other materials to provide examples and more details on the qualifying 
disaster events to assist producers. In addition, producers must also 
certify that they will meet the requirement to purchase crop insurance 
or NAP coverage for the next 2 available crop years, as described later 
in this document.
    The portion of the form for producers who had crop insurance will 
also list the primary policy holder and all producers with an SBI who 
have a record established with FSA. If one or more producers with an 
SBI had a share in a crop, the primary policy holder must update the 
application to show the share in the crop for each of those producers 
in addition to the primary policy holder. If determined eligible, any 
payments will be issued to the primary policy holder and to any 
producers with an SBI who have a share in the crop according to their 
shares in the crop entered on the application. To receive a payment, 
each person or entity that is listed as having a share of the ERP Phase 
1 payment for a crop and unit must sign the application and agree to 
purchase crop insurance or NAP coverage for that crop and unit, as 
described later in this document. If multiple crops and units are 
listed on an application, producers may agree to purchase crop 
insurance or NAP coverage for only some of the crops and units; an ERP 
Phase 1 payment will be issued only for those crops and units for which 
the producer agrees to meet that requirement.
    Producers, including any producers with an SBI who have a share in 
a crop as indicted on the application, must also have the following 
forms on file with FSA by within 60 days of the ERP Phase 1 deadline 
announced by the Deputy Administrator to receive an ERP Phase 1 
payment:
    <bullet> Form AD-2047, Customer Data Worksheet;
    <bullet> Form CCC-902, Farm Operating Plan for an individual or 
legal entity as provided in 7 CFR part 1400;
    <bullet> Form CCC-901, Member Information for Legal Entities (if 
applicable); and
    <bullet> 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 producer and 
applicable affiliates.
    Many producers, especially if they have participated in FSA 
programs recently, will already have these forms on file with FSA. 
Producers who are unsure of whether a form is on file may contact their 
local FSA service center. Contact information for service centers is 
available at https://www.farmers.gov/working-with-us/service-center-locator.
    In addition to the forms listed above, certain producers will also 
need to submit the following forms to qualify for an increased payment 
rate or payment limitation, as described later in this document:

[[Page 30168]]

    <bullet> Form CCC-860, Socially Disadvantaged, Limited Resource, 
Beginning and Veteran Farmer or Rancher Certification, applicable for 
the program year or years for which the producer is applying for ERP; 
\9\ or
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    \9\ A producer who has filed form 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 a later 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 form CCC-860 for each applicable 
program year.
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    <bullet> Form 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, for each applicable program year.
    FSA will continue to accept forms CCC-860 and FSA-510 from 
producers for the purpose of establishing eligibility for an increased 
payment rate or payment limitation until the deadline announced by FSA.

Payment Calculation

    RMA and FSA will calculate ERP Phase 1 payments based on the data 
on file with the agencies at the time of calculation. The ERP Phase 1 
payment calculation for a crop and unit will depend on the type and 
level of coverage obtained by the producer. Each calculation will use 
an ERP factor based on the producer's level of crop insurance or NAP 
coverage, as specified in the following tables.

------------------------------------------------------------------------
                                                            ERP factor
                                                             (percent)
------------------------------------------------------------------------
Crop Insurance Coverage Level:
    Catastrophic coverage...............................            75.0
    More than catastrophic coverage but less than 55                80.0
     percent............................................
    At least 55 percent but less than 60 percent........            82.5
    At least 60 percent but less than 65 percent........            85.0
    At least 65 percent but less than 70 percent........            87.5
    At least 70 percent but less than 75 percent........            90.0
    At least 75 percent but less than 80 percent........            92.5
    At least 80 percent.................................            95.0
NAP Coverage Level:
    Catastrophic coverage...............................            75.0
    50 percent..........................................            80.0
    55 percent..........................................            85.0
    60 percent..........................................            90.0
    65 percent..........................................            95.0
------------------------------------------------------------------------

    When determining the ERP factors, analysis was conducted to ensure 
that payments do not exceed available funding and, in aggregate across 
all producers, do not exceed 90 percent of losses, as required by the 
Extending Government Funding and Delivering Emergency Assistance Act. 
The difference between the ERP payment factor for crop insurance and 
NAP is due to differences in the available coverage levels. Crop 
insurance is available at the catastrophic coverage level (50 percent 
production coverage of 55 percent of the price) and buy-up coverage 
levels (50 percent to 85 percent of the production for 100 percent of 
the price). NAP is limited by law to a maximum of 65 percent buy-up 
coverage. For both NAP and crop insurance, the ERP payment factor for 
the catastrophic and maximum buy-up levels are 75 percent and 95 
percent respectively, with the ERP factors stair-stepping for the buy-
up options in-between as shown in the tables above. The Extending 
Government Funding and Delivering Emergency Assistance Act provides 
that payments to producers who did not have crop insurance or NAP 
coverage cannot exceed 70 percent of their loss; therefore, the lowest 
ERP factor for producers who had crop insurance or NAP is set at 75 
percent. Payment limits and other reductions will reduce ERP payments, 
further lowering the percent of losses covered.
    For crop insurance, RMA will use the producer's data that is 
already on file, which provides the necessary information to determine 
the producer's amount of loss. Crop insurance provides financial 
assistance for crop losses due to specified natural disasters and uses 
a producer's data to calculate a payment based on the type of crop 
insurance coverage elected by the producer. As previously discussed, 
ERP is intended to compensate producers for a percentage of their loss 
determined by the applicable ERP factor based on the level of crop 
insurance coverage purchased; therefore, RMA will calculate each 
producer's loss consistent with the loss procedures for the type of 
coverage purchased \10\ but using the ERP factor. This calculated 
amount would then be adjusted by subtracting out the net crop insurance 
indemnity, which is equal to the producer's gross crop insurance 
indemnity already received for those losses minus service fees and 
premiums.
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    \10\ For example, ERP for Area Risk Protection Insurance (ARPI) 
and STAX is based on area-wide (for example, county) production 
losses.
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    For NAP-covered crops, FSA will use the producer's crop production 
or inventory data that is already on file, which provides the necessary 
information to determine the producer's amount of loss. NAP provides 
financial assistance for crop losses due to specified natural disasters 
and uses a producer's crop production or inventory data to calculate a 
payment based on the level of NAP coverage elected by the producer. As 
previously discussed, ERP is intended to compensate producers for a 
percentage of loss determined by the applicable ERP factor based on 
their NAP coverage level; therefore, FSA will perform a calculation 
that is consistent with the NAP payment calculation for the crop and 
unit, as provided in 7 CFR part 1437, but using the ERP factor in the 
table above applicable to the producer's NAP coverage level as the 
applicable guarantee in those calculations. For example, the guarantee 
for a producer that had purchased 60 percent NAP coverage would be

[[Page 30169]]

adjusted and recalculated based on a 90 percent ERP factor. The 
calculated amount using the ERP factor would then be adjusted by 
subtracting the net NAP calculated payment, which is equal to the 
producer's gross NAP payment already received by the producer minus 
service fees and premiums.\11\ For NAP, actual value equals the dollar 
value of the crop and unit at the time of loss as determined by USDA. 
For example, a producer had a crop that had a value of $150,000 and a 
50 percent loss, resulting in a loss of $75,000. They had a NAP 
coverage level of 60 percent, so their NAP guarantee was $90,000. Their 
NAP guarantee of $90,000 minus the $75,000 value of the crop that was 
not lost is equal to a net NAP calculated payment of $15,000. The new 
ERP guarantee based on the ERP factor of 90 percent is calculated to be 
$135,000. The ERP guarantee of $135,000 minus the $75,000 value of the 
crop that was not lost is equal to $60,000, which is reduced by the net 
NAP calculated payment amount of $15,000, resulting in a calculated ERP 
Phase 1 payment of $45,000.
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    \11\ The gross NAP payment is the amount calculated according to 
7 CFR part 1437, 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.
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    Similar to other FSA disaster assistance programs like ELAP and 
other recent ad hoc disaster programs, historically underserved farmers 
and ranchers will receive an increase to their ERP Phase 1 payment that 
is equal to 15 percent of the amount calculated as described above. For 
example, if a historically underserved farmer or rancher's calculated 
amount is $1,000, their ERP Phase 1 payment will be $1,150. To qualify 
for the increased payment amount, a historically underserved farmer or 
rancher must have certified their status on form CCC-860, Socially 
Disadvantaged, Limited Resource, Beginning and Veteran Farmer or 
Rancher Certification. FSA will issue ERP Phase 1 payments as 
applications are processed and approved. If a producer files form CCC-
860 after their ERP Phase 1 payment is issued but before the deadline 
to be announced by FSA, FSA will process the form CCC-860 and issue the 
additional payment amount.
    A total of $10 billion was allocated to certain disaster relief 
programs. Congress allocated $750 million for livestock assistance, 
with the first phase of the Emergency Livestock Relief Program (ELRP) 
already paying over $560 million. ERP Phase 1 payments for crops 
covered by crop insurance will be prorated by 75 percent to ensure that 
total ERP payments, including payments under ERP Phase 2, do not exceed 
the available funding. ERP Phase 1 payments for NAP-covered crops will 
not be prorated due to the significantly smaller NAP portfolio that by 
its nature only covers smaller acreages and specialty crops that are 
not covered by crop insurance.

Payment Limitation

    The payment limitation for ERP Phase 1 is determined by the 
person's or legal entity's average adjusted gross farm income (income 
from activities related to farming, ranching, or forestry). 
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 for specialty crops and $125,000 in payment for 
all other crops under ERP (for Phase 1 and Phase 2 combined) for a 
program year if their average adjusted gross farm income is less than 
75 percent of their average AGI the three taxable years preceding the 
most immediately preceding complete tax year. 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 entity, other than a joint venture or general 
partnership, is eligible to receive, directly or indirectly, up to:
    <bullet> $900,000 for each program year for specialty crops; \12\ 
and
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    \12\ The Extending Government Funding and Delivering Emergency 
Assistance Act provides that in the case of specialty crops or high 
value crops, as determined by the Secretary, the Secretary shall 
impose payment limitations consistent with 7 CFR 760.1507(a)(2), 
which specified that a producer could receive up to $900,000 if not 
less than 75 percent of the average adjusted gross income of the 
person or legal entity was average adjusted gross farm income. USDA 
is continuing to evaluate how to define ``high value crops'' and 
will address those crops during ERP Phase 2.
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    <bullet> $250,000 for each program year for all other crops.
    The relevant tax years for establishing a producer's AGI and 
percentage derived from farming, ranching, or forestry related 
activities are:
    <bullet> 2016, 2017, and 2018 for program year 2020;
    <bullet> 2017, 2018, and 2019 for program year 2021; and
    <bullet> 2018, 2019, and 2020 for program year 2022.
    To receive more than $125,000 in ERP payments for a program year, 
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 increased payment 
limitation is a legal entity, all members of that entity must also 
complete form 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 increased 
payment limitation based on the legal entity's average AGI from 
farming, ranching, or forestry related activities but a member of that 
legal entity either does not complete a form FSA-510 and provide the 
required certification or is not eligible for the increased payment 
limitation, the payment to the legal entity will be reduced for the 
limitation applicable to the share of the ERP Phase 1 payment 
attributed to that member. FSA will issue ERP Phase 1 payments as 
applications are processed and approved. If a producer files form FSA-
510 and the accompanying certification after their ERP Phase 1 payment 
is issued but before the deadline announced by FSA, FSA will process 
the form FSA-510 and issue the additional payment amount.
    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:
    <bullet> 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; \13\
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    \13\ The ``first level or payment legal entity'' means that the 
payment entity will have a reduction applied, and if the payment 
entity happens to be a joint venture, that reduction is applied to 
the first level, or highest level, for payments. The ``first level 
or payment legal entity'' is the highest level of ownership of the 
applicant to whom payments can be attributed or limited. If the 
applicant is a business type that does not have a limitation or 
attribution, the reduction is applied to the first level, but if the 
business type can have the reduction applied directly to it, then 
the limitation applies.
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    <bullet> 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

[[Page 30170]]

the second-level legal entity in the first-level 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;
    <bullet> 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
    <bullet> 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, 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 ERP 
Phase 1 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.

Requirement To Purchase Crop Insurance or NAP Coverage

    All producers who receive ERP Phase 1 payments, including those 
receiving a payment based on tree, bush, or vine crop insurance 
policies, are statutorily required to purchase crop insurance, or NAP 
coverage where crop insurance is not available, for the next 2 
available crop years, as determined by the Secretary. Participants must 
obtain crop insurance or NAP, as may be applicable:
    <bullet> At a coverage level equal to or greater than 60 percent 
for insurable crops; or
    <bullet> At the catastrophic level or higher for NAP crops.
    Availability will be determined from the date a producer receives 
an ERP payment, and may vary depending on the timing and availability 
of crop insurance or NAP for a producer's particular crops. The final 
crop year to purchase crop insurance or NAP coverage to meet the second 
year of coverage for this requirement is the 2026 crop year.
    In situations where crop insurance is unavailable for a crop, an 
ERP participant must obtain NAP coverage. Section 1001D of the Food 
Security Act of 1985 (1985 Farm Bill) provides that a person or entity 
with an AGI in amount greater than $900,000 is not eligible to 
participate in NAP; however, producers with an AGI greater than 
$900,000 are eligible for ERP. To reconcile this restriction in the 
1985 Farm Bill and the requirement to obtain NAP or crop insurance 
coverage, ERP participants may meet the purchase requirement by 
purchasing Whole-Farm Revenue Protection (WFRP) crop insurance 
coverage, if eligible, or they may pay the applicable NAP service fee 
despite their ineligibility for a NAP payment. In other words, the 
service fee must be paid even though no NAP payment may be made because 
the AGI of the person or entity exceeds the 1985 Farm Bill limitation. 
The crop insurance and NAP coverage requirements are specific to the 
crop and county (which is the county where the crop is physically 
located for insured crops and the administrative county for NAP-covered 
crops) for which ERP Phase 1 payments are paid. This means that a 
producer is required to purchase crop insurance or NAP coverage for the 
crop in the county for which the producer was issued an ERP Phase 1 
payment. Producers who receive an ERP Phase 1 payment that was 
calculated based on an indemnity under a Pasture, Rangeland, and Forage 
(PRF); Annual Forage; or WFRP policy must purchase the same type of 
policy or a combination of individual policies for the crops that had 
covered losses under ERP to meet the linkage requirement. Producers who 
receive a payment on a crop in a county and who have the crop or crop 
acreage in subsequent years, as provided in this document, and who fail 
to obtain the 2 years of crop insurance or NAP coverage required as 
specified in this document must refund all ERP Phase 1 payments for 
that crop in that county with interest from the date of disbursement. 
Producers who were paid under ERP Phase 1 for a crop in a county, but 
do not plant that crop in that county in a year for which this 
requirement applies, are not subject to the crop insurance or NAP 
purchase requirement for that year.

Provisions Requiring Refund to FSA

    In the event that any ERP Phase 1 payment resulted from erroneous 
information reported by the producer or if the producer's data are 
updated after RMA or FSA calculate a producer's ERP Phase 1 payment, 
the ERP Phase 1 payment will be recalculated and the producer must 
refund any excess payment to FSA, including interest to be calculated 
from the date of the disbursement to the producer. If FSA determines 
that the producer intentionally misrepresented information used to 
determine the producer's ERP Phase 1 payment amount, the application 
will be disapproved and the producer must refund the full payment to 
FSA with interest from the date of disbursement. All persons with a 
financial interest in a legal entity receiving payments are jointly and 
severally liable for any refund, including related charges, which is 
determined to be due to FSA for any reason. Any required refunds must 
be resolved in accordance with debt settlement regulations in 7 CFR 
part 3.

General Provisions

    Applicable general eligibility requirements, including 
recordkeeping requirements and required compliance with HELC and 
Wetland Conservation provisions, are similar to those for the previous 
ad hoc crop disaster programs and current permanent disaster programs.
    General requirements that apply to other FSA-administered commodity 
programs also apply to ERP, 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 ERP. As 
described above, ERP Phase 1 payments are calculated using data on file 
with RMA and FSA at the

[[Page 30171]]

time of calculation. Producers who receive an ERP Phase 1 application 
and disagree with the calculated payment amount or data used in the 
calculation may apply for ERP Phase 2, which will allow them to provide 
their data to FSA through a traditional application process.
    Participants are required to retain documentation in support of 
their application for 3 years after the date of approval. All 
information provided to FSA for program eligibility and payment 
calculation purposes, including certification that a producer suffered 
a loss due to a qualifying disaster event, is subject to spot check. 
Participants receiving ERP Phase 1 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.
    Applicants have a right to a decision in response to their 
application. If an applicant files a late ERP Phase 1 application, the 
application is subject to the following conditions:
    <bullet> A late ERP application will be considered a request to 
waive the deadline.
    <bullet> Requests to waive or modify program provisions are at the 
discretion of the Deputy Administrator. The Deputy Administrator has 
the authority to waive or modify application deadlines and other 
requirements or program provisions not specified in law in cases where 
the Deputy Administrator determines it is (1) equitable to do so and 
(2) where the lateness or failure to meet such other requirements or 
program provisions do not adversely affect the operation of ERP.
    <bullet> Applicants who request to waive or modify ERP provisions 
do not have a right to a decision on those requests.
    <bullet> The Deputy Administrator's refusal to exercise discretion 
on requests to waive or modify ERP provisions will not be considered an 
adverse decision and is, by itself, not appealable.
    Any payment under ERP 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 ERP payments.
    If any person who would otherwise be eligible to receive a payment 
dies before the payment is received, payment may be released as 
specified in 7 CFR 707.3. Similarly, if any person or legal entity who 
would otherwise have been eligible to apply for a payment dies or is 
dissolved, respectively, before the payment is applied for, payment may 
be released in accordance with this document if a timely application is 
filed by an authorized representative. Proof of authority to sign for 
the deceased producer or dissolved entity must be provided. If a 
participant is now a dissolved general partnership or joint venture, 
all members of the general partnership or joint venture at the time of 
dissolution or their duly authorized representatives must sign the 
application for payment. Eligibility of such participant will be 
determined, as it is for other participants, based upon ownership share 
and risk in producing the crop.
    In either applying for or participating in ERP, or both, the 
producer is subject to laws against perjury (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 ERP, or both, then 
the producer may be found to be guilty of perjury. Except as otherwise 
provided by law, if guilty of perjury the applicant 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 ERP but only as to beneficiaries who, as a condition of the 
waiver, agree to apply the ERP payments to reduce the amount of the 
judgment lien.
    In addition to any other Federal laws that apply to ERP, the 
following laws apply: 15 U.S.C. 714; and 18 U.S.C. 286, 287, 371, and 
1001.

Paperwork Reduction Act Requirements

    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), FSA is requesting comments from interested individuals and 
organizations on the information collection request associated with 
ERP. After the 60-day period ends, the information collection request 
will be submitted to the Office of Management and Budget (OMB) for a 3-
year approval to cover ERP information collection. To start the ERP 
information collection approval, prior to publishing this notice, FSA 
received emergency approval from OMB for 6 months. The emergency 
approval covers ERP information collection activities.
    Title: ERP.
    OMB Control Number: 0560-0309.
    Type of Request: New Collection.
    Abstract: FSA will make payments to eligible producers who suffered 
losses to crops, trees, bushes, and vines due to wildfires, hurricanes, 
floods, derechos, excessive heat, winter storms, freeze (including a 
polar vortex), smoke exposure, excessive moisture, qualifying drought, 
and related conditions occurring in calendar years 2020 and 2021. This 
request includes both ERP Phase 1, which uses a streamlined application 
process for producers whose data is already on file with FSA or RMA, 
and ERP Phase 2, which will use a traditional application process 
during which producers will provide the information required to 
calculate a payment.
    For the following estimated total annual burden on respondents, the 
formula used to calculate the total burden hour is the estimated 
average time per response multiplied by the estimated total annual 
responses. The estimated average time per response is rounded to 3 
decimal places instead of showing all 7 decimal places, so the 
calculation based on the numbers shown below is not exact.
    Estimate of Respondent Burden: Public reporting burden for this 
information collection is estimated to average 0.176 hours per response 
to include the time for reviewing instructions, searching for 
information, gathering and maintaining the data, and completing and 
reviewing the collection of information.
    Type of Respondents: Individuals or households, businesses or other 
for profit farms.
    Estimated Annual Number of Respondents: 505,000.
    Estimated Number of Reponses per Respondent: 1.
    Estimated Total Annual Responses: 505,000.
    Estimated Average Time per Response: 0.176 hours.
    Estimated Total Annual Burden on Respondents: 88,650.
    We are requesting comments on all aspects of this information 
collection to help us to:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the FSA, including whether 
the information will have practical utility;
    (2) Evaluate the accuracy of the FSA's estimate of burden including 
the

[[Page 30172]]

validity of the methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; or
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    All comments received in response to this notice, including names 
and addresses when provided, will be a matter of public record. 
Comments will be summarized and included in the submission for Office 
of Management and Budget approval.

Environmental Review

    The environmental impacts of this final rule have been considered 
in a manner consistent with the provisions of the National 
Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations 
of the Council on Environmental Quality (40 CFR parts 1500-1508), and 
the FSA regulation for compliance with NEPA (7 CFR part 799). ERP is 
authorized by the Extending Government Funding and Delivering Emergency 
Assistance Act. The intent of ERP Phase 1 is to provide payments to 
producers who suffered eligible crop, tree, bush, and vine losses due 
to wildfires, hurricanes, floods, derechos, excessive heat, winter 
storms, freeze (including a polar vortex), smoke exposure, excessive 
moisture, and qualifying drought, and related conditions occurring in 
calendar years 2020 and 2021.
    The limited discretionary aspects of the program (for example, 
determining payment limitations) were designed to be consistent with 
established FSA disaster programs. As such, the Categorical Exclusions 
found at 7 CFR part 799.31 apply, specifically 7 CFR 799.31(b)(6)(iv) 
and (vi) (that is, Sec.  799.31(b)(6)(iv) 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 Sec.  
799.31(b)(6)(vi) Safety net programs administered by FSA). No 
Extraordinary Circumstances (7 CFR 799.33) exist. As such, FSA has 
determined that the implementation of ERP and the participation in ERP 
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 regulatory action.

Federal Assistance Programs

    The title and number of the Federal assistance programs, as found 
in the Assistance Listing,\14\ to which this document applies is 
10.964--Emergency Relief Program.
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    \14\ See https://sam.gov/content/assistance-listings.
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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.
    Persons with disabilities 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 or (844) 
433-2774 (toll-free nationwide). 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-a-program-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: <a href="/cdn-cgi/l/email-protection#eea1afadae9b9d8a8fc0898198"><span class="__cf_email__" data-cfemail="ce818f8d8ebbbdaaafe0a9a1b8">[email protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.

Zach Ducheneaux,
Administrator, Farm Service Agency.
[FR Doc. 2022-10628 Filed 5-17-22; 8:45 am]
BILLING CODE 3410-05-P


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