[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Pages 26363-26365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12816]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency


Notice of Funds Availability (NOFA) To Announce Funding for the 
2008 Aquaculture Grant Program, Recovery Act

AGENCY: Farm Service Agency, USDA.

ACTION: Notice of proposal.

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SUMMARY: The American Recovery and Reinvestment Act of 2009 (the 
Recovery Act) authorizes up to $50 million to carry out a 2008 
Aquaculture Grant Program (the 2008 AGP). The 2008 AGP is a Commodity 
Credit Corporation (CCC) funded program administered by the Farm 
Service Agency (FSA). Through the 2008 AGP, FSA will provide grants to 
State governments to assist eligible aquaculture producers that 
suffered losses associated with high feed input costs during the 2008 
calendar year. State grant amounts will be based on the amount of 
aquaculture feed used in each State during the 2007 calendar year. 
Also, for the information to be collected for the 2008 AGP, FSA is 
requesting comments from all interested individuals and organizations 
as required by the Paperwork Reduction Act of 1995.

DATES: We will consider comments on the information collection that we 
receive by August 3, 2009.

ADDRESSES: We invite you to submit comments on the information 
collection that is described in the Paperwork Reduction Act section. In 
your comment, include the date, volume, and page number of this issue 
of the Federal Register. You may submit comments by any of the 
following methods:
    <bullet> Mail: Farm Service Agency, USDA, Attn: Dan McGlynn, Acting 
Director, Production, Emergencies and Compliance Division, STOP 0517, 
1400 Independence Ave., SW., Washington, DC 20250.
    <bullet> E-mail: Send comment to: <a href="/cdn-cgi/l/email-protection#197d787737747a7e75607777596e7d7a376c6a7d78377e766f"><span class="__cf_email__" data-cfemail="7c181d1252111f1b100512123c0b181f52090f181d521b130a">[email protected]</span></a>.
    <bullet> Fax: (202) 690-2130.
    You may also send comments to the Desk Officer for Agriculture, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Dan McGlynn, Acting Director, (202) 
720-3463; e-mail: <a href="/cdn-cgi/l/email-protection#0b6f6a652566686c677265654b7c6f68257e786f6a256c647d"><span class="__cf_email__" data-cfemail="94f0f5fabaf9f7f3f8edfafad4e3f0f7bae1e7f0f5baf3fbe2">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Purpose of Notice

    This notice announces a proposal for the availability of Recovery 
Act (Pub. L. 111-5) grant funding to State governments that agree to 
implement the 2008 AGP to assist eligible aquaculture producers for 
their losses associated with high feed input costs during the 2008 
calendar year.

Background

    This notice is issued under Section 102(d) of the Recovery Act that 
authorizes up to $50 million to carry out the 2008 AGP. To provide 
assistance to eligible aquaculture producers, FSA is proposing to 
provide block grants to State governments that agree to provide 
assistance to eligible aquaculture producers for losses associated with 
high feed input costs during the 2008 calendar year.

Grant Funding Allocation

    The Recovery Act requires that USDA allocate 2008 AGP funding to 
the States on a pro rata basis, based on the amount of aquaculture feed 
used in each State during the 2007 calendar year. FSA has by letter 
notified the States that it proposes to calculate the amount to 
allocate to each State based on the total aquaculture feed delivered in 
each State in the 2007 calendar year, as reported by the States to FSA 
for the 2008 AGP.
    FSA has sent each State Department of Agriculture a letter that 
includes the instructions and specifies the information to provide to 
FSA before receiving any grant funding. The States that do not meet the 
requirements in this notice, the letter, and the grant agreement will 
not receive grant funding.

Grant Agreements Under the Proposal

    Under the current proposal, grant funding to a State is contingent 
on the execution of a Grant Agreement (Agreement) between CCC and the 
State. Upon execution of an Agreement, the State would agree to:
    (1) Implement the 2008 AGP according to program-specific policy and 
procedure provided in the Agreement;
    (2) Submit a 2008 Aquaculture Grant Work Plan to FSA providing a 
summary of how the State will implement 2008 AGP to provide assistance 
to eligible aquaculture producers;
    (3) Provide assistance to eligible aquaculture producers, not later 
than 60 days after the date on which the State receives grant funds;
    (4) Facilitate the accountability and transparency objectives of 
the Recovery Act as provided in 2 CFR part 176, subparts A and D, 
specifically, the award terms would require;
    (a) Recipients and sub-recipients (first-tier that are not 
individuals) to maintain current registrations in the Central 
Contractor Registration (CCR) database,
    (b) Recipients to report quarterly on project or activity status, 
sub-grant and subcontract information, and
    (c) Proper accounting and reporting of Recovery Act expenditures in 
single audits; and
    (5) Submit to FSA a 2008 AGP Recovery Act Report, no later than 30 
days after the States have provided assistance to eligible producers, 
including the:
    (a) Manner in which the State provided assistance,
    (b) Amount of assistance provided per producer per species of 
aquaculture, and
    (c) Process by which the State determined the levels of assistance 
to eligible aquaculture producers.

Definitions Used in the Proposal

    Under the current proposal, the following definitions would be 
applicable to the 2008 AGP:
    Controlled environment. An environment in which everything that can 
practicably be controlled with structures, facilities, growing media 
(including but not limited to water or nutrients) by the producer, is 
in fact controlled by the producer, as determined by industry 
standards.
    Farming operation. A business enterprise engaged in the production 
of

[[Page 26364]]

agricultural products that is operated by an individual, entity, or 
joint operation.

Eligible Aquaculture Producers Under the Proposal

    To be eligible for 2008 AGP assistance, an aquaculture producer 
would be required to meet all of the following criteria:
    (1) During the 2008 calendar year:
    (a) Raised an aquaculture species in a controlled environment,
    (b) Maintained the aquaculture species as part of a farming 
operation, and
    (c) Had a risk in the production of the aquaculture species;
    (2) Is in operation in 2009, as of the date of their AGP 
application with the State;
    (3) Produced an aquaculture species for which 2008 feed costs 
represented at least 25 percent of their total input costs for the 
aquaculture operation;
    (4) Experienced at least a 25 percent price increase of 2008 feed 
costs above the previous 5-year average (2003-2007).

Proposed Application Procedure for Aquaculture Producers

    The 2008 AGP application procedures for aquaculture producers would 
be determined by the applicable State.

Proposed Limitation on Payments and Other Benefits

    The amount of assistance provided by the State to a farming 
operation would not be permitted to exceed the smaller of:
    (1) The amount of loss suffered by the eligible aquaculture 
producer as a result of high feed input costs during the 2008 calendar 
year, as determined by the State; or
    (2) $100,000, except for general partnerships and joint ventures in 
which case assistance could not exceed $100,000 times the number of 
members that constitute the general partnership or joint venture.
    As a condition to receive the 2008 AGP benefits, an eligible 
aquaculture producer would be required to have records on file at an 
applicable Farm Service Agency County office that indicate:
    (1) That the producer's average adjusted gross income does not 
exceed $2.5 million for the three preceding tax years (2005-2007), as 
determined under regulations in 7 CFR part 1400, and
    (2) That the producer is in compliance with the conservation 
compliance eligibility provisions specified in 7 CFR part 12.
    An eligible aquaculture producer that receives assistance under the 
2008 AGP will not be eligible to receive assistance for any 2008 loss 
relating to the same aquaculture species under the supplemental 
agricultural disaster assistance program established under Section 531 
of the Federal Crop Insurance Act and section 901 of the Trade Act of 
1974 (these programs include the Emergency Assistance for Livestock, 
Honey Bees, and Farm-Raised Fish (ELAP), Livestock Forage Disaster 
Program (LFP), Livestock Indemnity Program (LIP), Supplemental Revenue 
Assistance Program (SURE), and Tree Assistance Program (TAP)).

Appeals

    The appeal regulations at 7 CFR parts 11 and 780 apply to the 2008 
AGP.

Comments

    FSA requested comments on the proposal from the States by letter as 
they constitute the entire class of fund recipients under the program, 
although they will be distributing the funds to others as they 
determine appropriate in accordance with the guidelines established by 
FSA. Because the Recovery Act directed the Secretary to deliver the 
funds by June 17, 2009 (not later than 120 days after enactment of the 
Recovery Act), FSA is not requesting comments from the general public 
on the proposal set out in this notice other than on the information 
collection requirements specified below. FSA expects to make a final 
determination for the grants to the States by June 17, 2009. FSA plans 
to announce details of the final plan by press release.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, FSA is 
requesting comments from all interested individuals and organizations 
on a new information collection for the 2008 AGP. FSA submitted the 
following information collection request to the Office of Management 
and Budget (OMB) under the emergency procedure in accordance with the 
Paperwork Reduction Act of 1995; the emergency approval expires on 
October 31, 2009. FSA plans to request a 3-year extension of the 
information collection approval from OMB. The 2008 AGP will provide 
assistance to eligible aquaculture producers for losses associated with 
high feed input costs during the 2008 calendar year in accordance with 
the Recovery Act.
    Title: 2008 Aquaculture Grant Program.
    OMB Control Number: 0560-0262.
    Type of Request: New.
    Abstract: This information collection is needed to comply with 
Section 102(d) of the Recovery Act that authorizes $50 million for the 
2008 AGP. FSA will, under the proposal, provide block grants to State 
Governments that agree to provide assistance to eligible aquaculture 
producers for losses associated with high feed input costs during the 
2008 calendar year. The collected information is needed to determine 
State grant amounts, to ensure equitable treatment of aquaculture 
producers, and to comply with the transparency, accountability, and 
reporting requirements of the American Recovery and Reinvestment Act of 
2009.
    The Recovery Act requires that the grant funding be allocated to 
the States, on a pro rata basis, based on the amount of aquaculture 
feed used in each State during the 2007 calendar year. Therefore, the 
collection of 2007 feed delivery data from the participating States is 
necessary. In addition, grant funding to a State under the proposal is 
contingent upon execution of a Grant Agreement that requires the States 
to submit a 2008 AGP Work Plan and several standard grant forms. Also, 
the Recovery Act requires the States to complete and submit a 2008 AGP 
Recovery Act Report.
    Estimate of Burden: Public reporting burden for this information 
collection is estimated to average 3.25 hours per response.
    Respondents: States, Local or Tribal Governments.
    Estimated Number of Respondents: 30.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 97.5.
    We are requesting comments on all aspects of the information 
collection, including the following, to help us to:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden, 
including the validity of the methodology and assumptions used;
    (3) Enhance the quality, utility and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    All responses to this notice will be summarized and included in the 
request for extension of OMB approval. All

[[Page 26365]]

comments will also become a matter of public record.

    Signed in Washington, DC, on May 26, 2009.
Douglas J. Caruso,
Administrator, Farm Service Agency.
[FR Doc. E9-12816 Filed 6-1-09; 8:45 am]
BILLING CODE 3410-05-P


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