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.

Notices Federal Register

27767 

Vol. 74, No. 111 

Thursday, June 11, 2009 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

RIN 0560–AH92 

Notice of Funds Availability (NOFA) for 

the Collection, Harvest, Storage, and 

Transportation of Eligible Material 

AGENCY: Commodity Credit Corporation 

and Farm Service Agency, USDA. 

ACTION: Notice. 

SUMMARY: This NOFA announces that 

funds are being made available 

beginning in 2009 for certain provisions 

of the Biomass Crop Assistance Program 

(BCAP) established by the Food, 

Conservation, and Energy Act of 2008 

(2008 Farm Bill), in order to provide 

matching payments to certain persons or 

entities for the collection, harvest, 

storage, and transportation (CHST) of 

eligible material delivered to qualified 

biomass conversion facilities. 

DATES: We will consider comments on 

the information collection that we 

receive by August 10, 2009. 

ADDRESSES: We invite you to submit 

comments on the NOFA and the related 

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. All comments 

will become a matter of public record. 

You may submit comments by any of 

the following methods: 

• Mail: Farm Service Agency (FSA), 

USDA, ATTN: Mike Linsenbigler, 

Acting Director, Conservation and 

Environmental Programs Division, 

STOP 0513, 1400 Independence Ave., 

SW., Washington, DC 20250. 

• E-mail: Send comment to: 

mike.linsenbigler@wdc.usda.gov. 

• Fax: (202) 720–4619. 

For comments on the information 

collection, 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: 

Mike Linsenbigler, (202) 720–6221. 

SUPPLEMENTARY INFORMATION: Section 

9001 of the 2008 Farm Bill (Pub. L. 110– 

246) amends Title IX of the Farm 

Security and Rural Investment Act of 

2002 by adding section 9011 to 

authorize BCAP. The purpose of BCAP 

is to assist agricultural and forest land 

owners and operators with the 

collection, harvest, storage, and 

transportation of eligible material for 

use in a biomass conversion facility and 

to support the establishment and 

production of eligible crops for 

conversion to bioenergy in selected 

BCAP project areas. 

On May 5, 2009, the President issued 

a Presidential Directive to Secretary of 

Agriculture Tomas R. Vilsack to 

aggressively accelerate the investment 

in and production of biofuels (published 

in the Federal Register on May 7, 2009 

(74 FR 21531–21532)). Secretary Vilsack 

also announced that he will help lead 

an unprecedented interagency effort to 

increase America’s energy 

independence and spur rural economic 

development. 

The Presidential directive requests 

that Secretary Vilsack take steps to the 

extent permitted by law to expedite and 

increase production of and investment 

in biofuel development efforts by, 

among other things, making renewable 

energy financing opportunities from the 

2008 Farm Bill available within 30 days, 

which includes guidance and support 

for collection, harvest, storage, and 

transportation assistance of eligible 

materials for use in biomass conversion 

facilities. 

This NOFA represents the first in a 

multi-step process to implement BCAP 

and is published to provide guidance for 

interested parties on CHST pursuant to 

the Presidential Directive. In 

conjunction with this NOFA, FSA will 

be undertaking public meetings 

pursuant to the notice published on 

May 13, 2009, for the preparation of an 

Environmental Impact Statement (EIS) 

for BCAP (74 FR 22510–22511). FSA 

requested public comments and is 

holding six public meetings throughout 

the nation. Comments for consideration 

must be received by June 12, 2009. 

Comments may be e-mailed to 

bcapeis@geo-marine.com or faxed to 

(757) 873–3703. Mail comments to: 

BCAP EIS c/o Geo-Marine, Inc., 2713 

Magruder Boulevard, Suite D, Hampton, 

Virginia 23566. CCC initially solicited 

comments on a proposed EIS in the 

Federal Register on October 1, 2008 (73 

FR 57047–57048). FSA will be 

incorporating the public comments from 

the public meetings, other public 

comments previously submitted and 

those comments submitted in response 

to this NOFA into rulemaking for CHST 

later this year. Finally, the full EIS and 

all comments and lessons learned from 

three BCAP notices (including this 

NOFA) will be incorporated into the 

rulemaking for the entire BCAP 

program, which will include CHST. 

General Discussion 

This NOFA provides a general 

discussion of the provisions that will be 

used to administer payments for the 

collection, harvest, storage, and 

transportation of eligible material 

delivered to qualified biomass 

conversion facilities in advance of the 

rule on BCAP (including CHST). In 

particular it provides policies and 

processes for (1) providing payments for 

the collection, harvest, storage, and 

transportation of eligible material to 

qualified biomass conversion facilities 

and (2) qualifying CHST biomass 

conversion facilities. The CHST 

matching payment program as 

established in this NOFA will be 

implemented under the general 

direction and supervision of the 

Executive Vice President, CCC, and the 

Deputy Administrator for Farm 

Programs, FSA (Deputy Administrator). 

On an individual case basis, the Deputy 

Administrator may consider granting an 

exception to requirements of this NOFA 

if the exception is not inconsistent with 

the 2008 Farm Bill requirements or 

other applicable law and it will not 

adversely affect the CHST matching 

payments program. Section 9011 (d) and 

(f) provides authority to use such sums 

as necessary of CCC funds to carry out 

BCAP, including for CHST matching 

payments. 

The purpose of the CHST matching 

payment program is to assist eligible 

persons or entities with the collection, 

harvest, storage, and transportation of 

eligible material delivered for use in a 

CHST-qualified biomass conversion 

facility in advance of full 

implementation of BCAP. Through the 

CHST matching payment program CCC 


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will provide payments at a rate of $1 for 

each $1 per dry ton paid by the CHSTqualified biomass conversion facility to 

the owner for delivery of eligible 

material to the facility in an amount not 

to exceed $45 per dry ton. This program 

will be available to eligible material 

owners for a period of two years. These 

matching payments may be made to 

persons delivering eligible material to a 

CHST qualified biomass conversion 

facility who possess the right to collect 

or harvest eligible material and are 

considered the owners of the eligible 

material. 

Definitions 

The following definitions will be used 

for CHST: 

Arm’s-length transaction means a 

transaction between ready, willing, and 

able disinterested parties who are not 

affiliated with or related to each other 

and have no security, monetary, or 

stockholder interest in each other, with 

the exception that members of either (1) 

an association of agricultural producers 

or (2) farmer cooperative organizations, 

or (3) a farmer cooperative, may deliver 

and sell at market rates eligible material 

to such associations, organizations or 

cooperatives they have a monetary or 

stockholder interest in and such 

transaction may be considered arm’slength transactions. 

Bill of lading means a document 

issued by a carrier to a shipper, 

acknowledging that specified goods 

have been received on board as cargo for 

conveyance to a named place for 

delivery to the consignee who is usually 

identified (also known as a ‘‘BOL’’ or 

‘‘B/L’’). 

Biobased CHST product means a 

product, determined by the Deputy 

Administrator to be a commercial or 

industrial product (other than food or 

feed) that is: 

(1) Composed in whole, or in 

significant part, of biological products, 

including renewable domestic 

agricultural materials and forestry 

materials or 

(2) An intermediate ingredient or 

feedstock. 

Biobased product does not mean 

commercially produced timber, lumber, 

wood pulp or other finished wood 

products. 

Biomass conversion facility means a 

facility that converts or proposes to 

convert eligible material into: 

(1) Heat, 

(2) Power, 

(3) Biobased products, or 

(4) Advanced biofuels. 

CCC stands for the Commodity Credit 

Corporation. 

CHST stands for collection, harvest, 

storage, and transportation activities or, 

some combination thereof, for eligible 

material. 

CHST matching payments means 

those CCC payments provided at a rate 

of $1 for each $1 per dry ton paid by the 

CHST-qualified biomass conversion 

facility to the owner for delivery of 

eligible material to the facility in an 

amount not to exceed $45 per dry ton 

pursuant to this NOFA. 

CHST matching payment program 

means the program established by this 

NOFA for the collection, harvest, 

storage, and transportation of eligible 

material delivered to a qualified 

biomass conversion facility. 

CHST qualified biomass conversion 

facility means a biomass conversion 

facility that meets all the requirements 

for qualification outlined in this NOFA, 

for which the facility owners enters into 

a memorandum of understanding 

(MOU) for such facility qualification 

with the Deputy Administrator. 

Deputy administrator refers to the 

FSA Deputy Administrator for Farm 

Programs, FSA, or a designee. 

Eligible material is, for purposes of 

the CHST matching payment program, 

renewable biomass with the following 

exclusions: 

(1) Harvested grains, fiber, or other 

commodities eligible to receive 

payments under Title I of the 2008 Farm 

Bill; 

(2) Animal waste and animal wastebyproducts including fats, oils, greases, 

and manure; 

(3) Food waste and yard waste; or 

(4) Algae. 

Eligible material owner, for purposes 

of the CHST matching payment 

program, means a person having the 

right to collect or harvest eligible 

material and that has delivered the 

eligible material to a CHST qualified 

biomass conversion facility and 

including: 

(1) For eligible material collected from 

private lands, including cropland, the 

owner of the land, the operator or 

producer conducting farming operations 

on the land, or any other person 

designated by the owner of the land and 

(2) For eligible material collected from 

public lands, those persons with the 

right to collect eligible material 

pursuant to a contract or permit with 

the Forest Service or other appropriate 

Federal agency, such as a timber sale 

contract, stewardship contract or 

agreement, service contract or permit, or 

related applicable Federal land permit 

or contract, and who have submitted the 

permit or contract authorizing such 

collection for reproduction by FSA. 

EPA refers to the U.S. Environmental 

Protection Agency. 

Farm cooperative means a farmer- or 

rancher-owned and controlled business 

from which benefits are derived and 

distributed equitably on the basis of use 

by each of the farmer or rancher owners. 

Farmer cooperative organization 

means a cooperative organization or an 

entity, not chartered as a cooperative 

that operates as a cooperative in that it 

is owned and operated for the benefit of 

its members, including the manner in 

which it distributes its dividends and 

assets. 

Food waste means a material 

composed primarily of food items, or 

originating from food items, or 

compounds from domestic, municipal, 

food service operations, or commercial 

sources, including food processing 

wastes, residues, or scraps. 

FSA refers to the Farm Service 

Agency. 

Indian Tribe has the same meaning as 

in section 4 of the Indian SelfDetermination and Education 

Assistance Act (25 U.S.C. 450b). 

Institution of higher education has the 

same meaning as in section 102(a) of the 

Higher Education Act of 1965 (20 U.S.C. 

1002(a)). 

Intermediate ingredient or feedstock 

means an ingredient or compound made 

in whole or in significant part from 

biological products, including 

renewable agricultural materials 

(including plant, animal, and marine 

materials), or forestry material that are 

subsequently used to make a more 

complex compound or product. 

Renewable biomass is defined for 

purposes of the CHST matching 

payment program to include the 

following: 

(1) Materials, pre-commercial 

thinnings, or invasive species from 

National Forest System land and public 

lands (as defined in section 103 of the 

Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1702)) that: 

(a) Are byproducts of preventive 

treatments that are removed to reduce 

hazardous fuels, to reduce or contain 

disease or insect infestation, or to 

restore ecosystem health; 

(b) Would not otherwise be used for 

higher-value products; and 

(c) Are harvested in accordance with 

applicable law and land management 

plans and the requirements for oldgrowth maintenance, restoration, and 

management direction of section 102 

(e)(2), (3), and (4) of the Healthy Forests 

Restoration Act of 2003 (16 U.S.C. 6512) 

and large-tree retention of subsection (f) 

or 

(2) Any organic matter that is 

available on a renewable or recurring 


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basis from non-Federal land or land 

belonging to an Indian or Indian Tribe 

that is held in trust by the United States 

or subject to a restriction against 

alienation imposed by the United States, 

including: Renewable plant material 

(including feed grains, other agricultural 

commodities, other plants and trees, 

algae), and waste material (including 

crop residue, other vegetative waste 

material (including wood waste and 

wood residues), animal waste and 

byproducts (including fats, oils, greases, 

and manure), food waste, and yard 

waste). 

United States and Territories means 

any of the 50 States of the United States, 

the Commonwealth of Puerto Rico, the 

District of Columbia, the U.S. Virgin 

Islands, Guam, American Samoa, the 

Commonwealth of the Northern Mariana 

Islands, the Republic of Palau, the 

Federated States of Micronesia, and the 

Republic of the Marshall Islands. 

Yard waste means material composed 

primarily of yard maintenance, cleanup 

materials, or debris removal items, 

originating from residential, municipal 

or commercial yards, lawns, landscaped 

areas, or related sites. 

The CHST Matching Payment Program 

Eligibility Requirements 

Organic matter meets eligibility 

requirements to be considered 

renewable biomass when collected and 

harvested from: 

(1) The National Forest System; 

(a) Except from lands designated as 

components of the Wilderness 

Preservation System or the Wild and 

Scenic River System, or as a National 

Monument, or composed of inventoried 

roadless areas; 

(b) Except for biomass collection, 

harvesting, and transport conducted by 

an Eligible Material Owner who has an 

existing contract or grant, issued by the 

USDA Forest Service for the sale or 

removal of the material; and 

(c) Subject to all laws and regulations 

that apply to the Forest Service, 

including the Endangered Species Act 

and environmental analysis as required 

by the National Environmental Policy 

Act (NEPA). All required environmental 

analysis must be completed and 

approved by the responsible official. All 

renewable biomass collected or 

harvested from Federal lands must be 

conducted through a contract or permit; 

(2) Tribal, State, and other 

government locally owned land where 

biomass collection and harvesting is 

done within applicable environmental 

requirements, and all applicable Tribal, 

State or local government ordinances 

and permits; 

(3) Cropland where biomass 

collection and harvesting is consistent 

with conservation plans required for 

highly erodible land under the Food 

Security Act of 1985, as amended; 

(4) Non-industrial private forest land 

where biomass collection and 

harvesting is done in accordance with a 

forest stewardship plan, described in 

section 5 of the Cooperative Forestry 

Assistance Act of 1978 (16 U.S.C. 

2103a), another practice plan approved 

by the State Forester, or a Forest 

Stewardship Plan developed by the 

State Forester, in those locations where 

such plans are available from State 

foresters for non-industrial private forest 

land owners at no expense to CCC; or 

(5) Privately owned land, other than 

cropland, including pastureland, 

rangeland, other non-cropland, or nonindustrial forest land where biomass 

collection and harvesting is done within 

applicable environmental requirements, 

and all applicable Tribal, State or local 

ordinances and permits. 

CHST matching payments are not 

authorized for: 

(1) Any eligible material delivery 

made before the publication of this 

NOFA; 

(2) Any eligible material delivery 

made before the initial application for 

CHST matching payments is received 

and approved by FSA–COC; or 

(3) Any scheme or device used to 

circumvent the provisions of this NOFA 

and related program requirements. 

Applying To Be an Eligible Material 

Owner 

A person who meets the definition of 

‘‘eligible material owner’’ needs to 

apply to FSA; through the application, 

FSA will register the eligible material 

owner, make the determination that the 

person does meet the definition, and 

based on information provided in the 

application determine the amount of 

biomass for which the eligible material 

owner will be able to apply for CHST 

matching payments. 

Eligible material owners may apply at 

the county FSA offices where their farm 

records are located. If farm records have 

not been established, the application 

must be filed with the county FSA office 

that is administratively responsible for 

the geographic location where the 

renewable biomass was harvested. (See 

http://www.fsa.usda.gov/FSA/ 

stateOffices?area=stoffice&subject=

landing&topic=landing for assistance in 

locating a county office). 

Eligible material owners who deliver 

eligible material to multiple CHST 

qualified biomass conversion facilities 

must submit a separate application for 

each facility for which eligible material 

is delivered. 

Ineligible or incomplete applications 

will be denied. If an application is 

determined to be ineligible for any 

reason, the Agency will inform the 

applicant, in writing, of the reasons and 

provide any applicable appeal rights. 

Eligible material owners must submit 

applications using form AD–245, page 1, 

to the applicable FSA county office. The 

request must be submitted and 

approved by the FSA county office 

before the eligible material is delivered 

and any payment received by the 

facility for the eligible material. 

Applications must include the 

following estimates based on amounts 

obtained from contracts, agreements, 

and or letters of intent required by this 

NOFA: 

(1) An estimate of the total tons of 

eligible material expected to be sold to 

a certified biomass conversion facility; 

(2) The type or types of eligible 

material that is expected to be sold; 

(3) The name of the CHST qualified 

biomass conversion facility that will 

purchase the eligible material; 

(4) The expected per ton price the 

owner plans to receive for the delivery 

of the eligible material; and 

(5) The date or dates the eligible 

material is expected to be delivered to 

the facility. 

Applying for CHST Matching Payments 

After delivery, eligible material 

owners must submit AD–245, page 2, to 

notify the FSA Office at the County 

USDA Service Center and request the 

CHST matching payment. CHST 

matching payments will be disbursed 

only after delivery is verified by the 

FSA Office at the County USDA Service 

Center. All CHST matching payments 

will be issued by direct deposit unless 

other arrangements are made by the FSA 

Office at the County USDA Service 

Center and eligible material owner. 

To receive CHST matching payments, 

eligible material owners must submit an 

application at the county FSA office and 

include: 

(1) A copy of the original scale ticket 

(or tickets), clearly indicating the total 

actual tonnage delivered and signed by 

the manager or owner or of the CHST 

qualified biomass conversion facility, as 

well as a total dry-weight tonnage 

equivalent amount determined by the 

CHST qualified biomass conversion 

facility using accurate moisture 

measuring equipment; 

(2) A copy of each invoice or paper 

check, reflecting the total payment 

received for delivery of the eligible 

material; each invoice or check must 

also be annotated and initialed by the 


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manager or owners of the CHST 

qualified biomass conversion facility 

clearly indicating the per-ton payment 

rate the facility paid the owner for the 

eligible material delivery; 

(3) If applicable, a copy of each bill of 

lading issued by any third party carrier 

for delivery of the eligible material to 

the certified biomass conversion facility; 

(4) Any other additional documents or 

records determined necessary by the 

Deputy Administrator to verify 

eligibility for matching payment. 

CHST Matching Payment Provisions 

The CHST matching payment 

program will operate under the 

following provisions: 

(1) Under the CHST matching 

payment program, CCC may make a 

payment for the delivery of eligible 

material to CHST qualified biomass 

conversion facilities to a person with 

the right to collect or harvest eligible 

material. 

(2) CHST matching payments may be 

available only for a period of two years 

and will be paid at a rate of $1 for each 

$1 per ton received from the CHST 

qualified biomass conversion facility for 

the commercial sale of eligible material 

in an amount equal to not more than 

$45 per ton. All CHST matching 

payments are subject to Federal claims, 

Federal taxes as established by the IRS, 

and all other Federal payment 

restrictions and laws. 

(3) Any payment or portion thereof to 

any person will be made without regard 

to questions of title under State law and 

without regard to any claim or lien 

against the eligible material, or proceeds 

thereof, in favor of the owner or any 

other creditor except agencies of the 

U.S. Government. The regulations 

governing offsets and withholdings 

found in 7 CFR part 1403 will be 

applicable to the payments. 

(4) Any participant who may be 

entitled to any payment under this 

program may assign the right to receive 

such payments, in whole or in part, as 

provided in 7 CFR part 1404. 

(5) All policies and procedures used 

to administer the determinations and 

payments for the CHST matching 

payment program are subject to the 

provisions of this NOFA. 

(6) CHST matching payments are 

available to an eligible material owner 

only for a 2-year duration. Only one 

owner will receive the CHST matching 

payment for any eligible material. 

(7) Owners of eligible material will be 

allowed to request CHST matching 

payment for eligible material delivered 

to and purchased by a CHST qualified 

biomass conversion facility. Under the 

2-year limit duration, the time period 

will begin immediately after form AD– 

245 is first approved by the FSA county 

office for the CHST matching payment 

and will end 24 months later. No 

payments or other direct benefits are 

authorized to be paid to the CHSTqualified biomass conversion facilities 

under this NOFA, except when the 

facility owners are also an owner of 

eligible material and deliver and sell it 

to another facility under an arms-length 

transaction. 

(8) Not more than twenty percent of 

the funds utilized under this Notice will 

be for matching payments to eligible 

material owners for the collection, 

harvest, storage and transportation of 

crop residue from commodities eligible 

to receive payments under Title I of the 

2008 Farm Bill. 

CHST Qualified Biomass Conversion 

Facility Requirements 

To be considered a CHST qualified 

biomass conversion facility, the biomass 

conversion facility must enter into a 

Memorandum of Understanding with 

CCC and meet all these requirements as 

determined by CCC: 

(1) The facility must meet the 

definition of a biomass conversion 

facility; 

(2) The facility must meet all 

applicable regulatory and permitting 

requirements by applicable Federal, 

State, or local authorities; 

(3) The facility owners and managers 

must agree in writing to: 

(a) Maintain accurate records of all 

eligible material purchases and related 

documents regardless of whether CHST 

matching payments will be sought and 

(b) Make available at one place and at 

all reasonable times for examination by 

representatives of USDA, all books, 

papers, records, contracts, scale tickets, 

settlement sheets, invoices, written 

price quotations, or other documents 

related to the program that are within 

the control of the facility for not less 

than 3 years from the application date; 

(4) The facility must agree that postqualification, general information about 

the facility and its eligible material will 

be made public by USDA and other 

entities; 

(5) The facility must be an entirely 

separate legal entity from owners of 

eligible material who conduct purchases 

of eligible material from the owners for 

biomass acquisition using arms-length 

transactions; 

(6) The facility must agree to clearly 

indicate on the scale ticket the actual 

tonnage delivered, have the manager or 

owner of the facility sign the scale 

ticket, and provide it to the eligible 

biomass owner. The facility must also 

agree to provide a total dry-weight 

tonnage equivalent to the eligible 

biomass owner; 

(7) The facility must have access to 

commercial freight scales that are 

certified for accuracy by applicable 

State or local authorities and accurate 

moisture measurement equipment to 

determine the dry ton weight equivalent 

of actual tonnage delivered; and 

(8) When a biomass conversion 

facility meets these terms and enters 

into an MOU with CCC, FSA county 

offices will periodically inform the 

public including agricultural and forest 

land owners and operators that 

matching payments may be available for 

deliveries of eligible material to CHST 

qualified biomass conversion facilities. 

FSA county offices will also maintain a 

publicly available listing of CHST 

qualified biomass conversion facilities 

for general public access and 

distribution that may include general 

information about the facility and its 

eligible material needs to encourage the 

development of new and open markets 

for commercial eligible material sales 

transactions. This information will also 

be maintained on FSA’s Internet site: 

http://www.fsa.usda.gov/FSA/webapp?

area=fsahome&subject=landing&

topic=landing. 

Appeals 

The administrative appeal regulations 

in 7 CFR parts 11 and 780 apply to this 

program. 

Administrative Procedure Act 

Statement 

This NOFA is being issued without 

advance rulemaking or public comment. 

The Administrative Procedure Act 

(‘‘APA’’, 5 U.S.C. 553), has several 

exemptions to rulemaking requirements. 

Among them is an exemption for 

matters relating to Federal benefits, but 

under the provisions of the ‘‘Statement 

of Policy of the Secretary of Agriculture 

effective July 24, 1971,’’ issued by 

Secretary Hardin in 1971 (36 FR 13804, 

the ‘‘Hardin Memorandum’’), the 

Department will normally engage in 

rulemaking related to Federal benefits 

despite that exemption. However, the 

Hardin Memorandum does not waive 

certain other APA-contained 

exemptions, in particular the ‘‘good 

cause’’ exemption found at 5 U.S.C. 

553(b)(3)(B), which allows effective 

government action without rulemaking 

procedures where withholding the 

action would be ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Hardin memorandum 

specifically provides for the use of the 

‘‘good cause’’ exemption, albeit 

sparingly, when a substantial basis for 

so doing exists, and where, as will be 


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described more fully below, that 

substantial basis is explained. 

Such would be the case here, in that 

this NOFA provides guidance for the 

CHST matching payments program as 

part of a process that will include 

rulemaking later this year. Additionally, 

this NOFA simply makes funds 

available in accord with a statutory 

mandate. USDA has determined that 

making these funds available as soon as 

possible is in the public interest. 

Withholding this NOFA to provide for 

public notice and comment would 

unduly delay the provision of benefits 

associated with this program. Should 

the actual practice of the program 

produce reasons for program 

modifications, those modifications can 

be brought to the attention of the 

Department and changes made in the 

future rulemaking process. The CHST 

matching payment program provisions 

will be included, with potential 

modifications, in rulemaking later this 

year. Delay caused by normal 

rulemaking procedures under the APA 

would frustrate the accomplishment of 

the purposes of the statutory provisions 

and would not produce benefits for this 

fiscal year. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995, through this 

notice, FSA is requesting comments 

from all interested individuals and 

organizations on a new information 

collection for CHST; this notice opens a 

60-day comment period for the 

information collection requirements in 

this NOFA. While this notice requests 

comments on the information collection 

activities required for CHST, in order to 

meet the time frames mandated by the 

Presidential Memorandum discussed 

above, 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. As discussed 

above in the APA section, there is good 

cause to forgo any delay associated with 

the opportunity for advance public 

comment. After OMB approval, the 

approved burden hours will be 

incorporated into the existing approval 

under OMB control number 0560–0082, 

which includes much of the same 

information for other conservation 

programs. CHST will provide financial 

assistance for CHST of eligible material 

for use in a biomass conversion facility 

in accordance with the 2008 Farm Bill. 

Copies of all forms, regulations, and 

instructions referenced in this NOFA 

may be obtained from FSA. Data 

furnished by the applicants will be used 

to determine eligibility for program 

benefits. Furnishing the data is 

voluntary; however, the failure to 

provide data could result in program 

benefits being withheld or denied. 

Title: BCAP CHST. 

OMB Control Number: 0560–NEW. 

Type of Request: New. 

Abstract: This information collection 

is needed to comply with section 9011 

(b)(2) of Title IX of the Farm Security 

and Rural Investment Act of 2002 (7 

U.S.C. 8101–8113), which was added by 

the 2008 Farm Bill. 

FSA employees will enter the 

application information from completed 

paper forms into the electronic AD–245 

Application for Cost-Share form, which 

is currently approved under OMB 

control number 0560–0082 for other 

conservation programs. The AD–245 

form will collect information about the 

owners of eligible material and 

estimated and actual biomass material 

sold and delivered to a qualified 

biomass conversion facility in order to 

approve applications for CHST 

matching payments and to calculate 

matching payments after sale and 

delivery. CHST will also use the 

existing AD–1047 Certification 

Regarding Debarment, Suspension, and 

Other Responsibility Matters—Primary 

Covered Transactions form. The AD– 

1047 form will help ensure that only 

those owners and managers of qualified 

biomass conversion facilities and those 

owners of eligible material who have 

not been disbarred, suspended, or 

otherwise made ineligible for Federal 

transactions are not qualified or 

determined eligible for BCAP. The AD– 

1047 will require the owners to certify 

that they are in compliance and not 

subject to disbarment or suspension. 

The information collection activities for 

CHST will include the following: 

(1) Applicants will request to be 

qualified as a CHST-qualified biomass 

conversion facility and 

(2) Applicants will register as an 

eligible material owner and then, after 

delivery of eligible material, request 

CHST matching payments for the 

collection, harvest, storage, and 

transportation of eligible material for 

use in a biomass conversion facility. 

Specific descriptions of the 

information requirements are discussed 

in this NOFA above under the 

application sections. Applicants will 

submit estimated to register as eligible 

material owners and actual delivery 

information to request CHST matching 

payments. If the Deputy Administrator 

determines that additional information 

is necessary from an eligible material 

owner, it will be related information 

required to determine eligibility, ensure 

the ability to make proper payments, or 

to otherwise legally provide benefits to 

an eligible material owner. 

Estimate of Burden: Public reporting 

burden for the collection of information 

is estimated to average half an hour per 

response for applicants requesting (1) 

qualification as a CHST-qualified 

biomass conversion facility and (2) 

CHST matching payments for collection, 

harvest, storage, and transportation of 

eligible material for use in a biomass 

conversion facility. The estimate is 

based on estimated completion of 

applicable sections of a memorandum of 

understanding, preparation of an AD– 

1047, and attaching required copies of 

permits and related certifications. The 

average travel time, which is included 

in the total burden, is estimated to be 1 

hour per respondent. 

Respondents: Individuals, Indian 

Tribes, units of State or local 

government, partnerships, corporations, 

farm cooperatives, farmer cooperative 

organizations, associations of 

agricultural producers, national 

laboratories, institutions of higher 

education, rural electric cooperatives, 

public power entities, consortia of any 

of these entities, and any other legal 

entities. 

Estimated Number of Respondents: 

5,600. 

Estimated Number of Responses per 

Respondent: 4. 

Estimated Total Annual Burden on 

Respondents: 42,000. 

We are requesting comments on all 

aspects of the information collection to 

help us to: 

(1) Evaluate whether the proposed 

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 through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

Other Provisions 

The CHST matching payments will be 

subject to environmental compliance 

including NEPA compliance for all 

eligible material removed from Federal 

lands pursuant to existing Forest 

Service procedures, Forest Stewardship 


jlentini on PROD1PC65 with NOTICES
27772 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Notices 

Plans for eligible material collected and 

harvested from private forest land, and 

Conservation plans and conservation 

compliance for eligible material 

collected or harvested from cropland. 

Additionally, those lessons learned 

through operation of the CHST 

matching payment program will be 

combined with all comments, analysis, 

and other information and will be 

applied in rulemaking later this year. 

Scheme or device: If it is determined 

by CCC that a person has employed a 

scheme or device to defeat the purposes 

of this program, any part of any program 

payment otherwise due or paid such 

person during the applicable period 

may be required to be refunded with 

interest as determined appropriate by 

CCC. Any eligibility determination of a 

biomass conversion facility that was 

based, in whole or part, on a scheme or 

device will be rescinded. A scheme or 

device includes, but is not limited to, 

coercion, fraud, misrepresentation, 

depriving any other person of a 

payment, or obtaining a payment that 

otherwise would not be payable. 

Filing of false documents: If it is 

determined by CCC that any participant 

has knowingly supplied false 

information or has knowingly filed a 

false claim for payment or facility 

certification, such participant will be 

ineligible for payments or certification 

with respect to BCAP and a refund of all 

prior payments issued under BCAP, 

including CHST, may be demanded. 

False information or false claims 

include, but are not limited to: Claims 

for payment for eligible material 

delivery that are filed with incorrect 

factual information or do not match 

actual eligible material deliveries and 

claims for certification intentionally 

filed with incorrect information or with 

false or otherwise inaccurate 

information. Any amounts paid under 

these circumstances must be refunded, 

together with interest as determined by 

CCC, and any amounts otherwise due 

such participant will be withheld. The 

remedies provided for in this NOFA are 

in addition to any and all other 

remedies, criminal or civil that may 

apply. 

Federal Assistance Programs 

The title and number of the Federal 

assistance program in the Catalog of 

Federal Domestic Assistance to which 

this NOFA applies is 10.087—Biomass 

Crop Assistance Program. 

Signed in Washington, DC, on June 8, 

2009. 

Douglas J. Caruso, 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. E9–13724 Filed 6–8–09; 4:15 pm] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Oregon Coast Provincial Advisory 

Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Oregon Coast Province 

Advisory Committee will meet at the 

Grand Ronde Tribal Office. The agenda 

includes: Stimulus Project Update, 

Secure Rural Schools Update, Travel 

Management Update, Spotted Owl Plan 

Update, Round Robin, WOPR Update 

and Public Comments. 

DATES: The meeting will be held June 

18, 2009, beginning at 9:30 a.m. 

ADDRESSES: Adult Educational Building, 

9615 Grand Ronde Road, Grand Ronde, 

OR 07347. Google Map will put you in 

the correct parking lot. 

FOR FURTHER INFORMATION CONTACT: Joni 

Quarnstrom, Public Affairs Specialist, 

Siuslaw National Forest, 541–750–7075, 

or write to Siuslaw National Forest 

Supervisor, 4077 SW. Research Way, 

Corvallis, OR 97339. 

SUPPLEMENTARY INFORMATION: The 

meeting is open to the public. Council 

Discussion is limited to Forest Service/ 

BLM staff and Council Members. Lunch 

will be on your own. A public input 

session will be at 2:45 p.m. for fifteen 

minutes. The meeting is expected to 

adjourn around 3 p.m. 

Dated: June 3, 2009. 

Joni Quarnstrom, 

Public Affairs Specialist. 

[FR Doc. E9–13583 Filed 6–10–09; 8:45 am] 

BILLING CODE M 

DEPARTMENT OF COMMERCE 

Submission for OMB Review; 

Comment Request 

The Department of Commerce will 

submit to the Office of Management and 

Budget (OMB) for clearance the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

Agency: National Oceanic and 

Atmospheric Administration (NOAA). 

Title: Designation of Fishery 

Management Council Members and 

Application for Reinstatement of State 

Authority. 

OMB Control Number: 0648–0314. 

Form Number(s): None. 

Type of Request: Regular submission. 

Burden Hours: 4,607. 

Number of Respondents: 146. 

Average Hours per Response: 58 

hours average for a nomination package 

for one to three candidates; 16 hours for 

a nominee to provide background 

documentation, and 1 hour for 

application of State authority over a 

fishery. 

Needs and Uses: The MagnusonStevens Fishery Conservation and 

Management Act, as amended in 1996, 

provides for members of Fishery 

Management Councils by State 

governors and Indian treaty tribes, for 

the designation of a principal state 

fishery official for the purposes of the 

Act, and for a request by a state for 

reinstatement of state authority over a 

managed fishery. The information 

submitted with these actions will be 

used to ensure that the requirements of 

the Act are being met. 

Affected Public: Individuals or 

households; State, Local or Tribal 

Government. 

Frequency: Annually and on occasion. 

Respondent’s Obligation: Mandatory. 

OMB Desk Officer: David Rostker, 

(202) 395–3897. 

Copies of the above information 

collection proposal can be obtained by 

calling or writing Diana Hynek, 

Departmental Paperwork Clearance 

Officer, (202) 482–0266, Department of 

Commerce, Room 7845, 14th and 

Constitution Avenue, NW., Washington, 

DC 20230 (or via the Internet at 

dHynek@doc.gov). 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to David Rostker, OMB Desk 

Officer, FAX number (202) 395–7285, or 

David_Rostker@omb.eop.gov. 

Dated: June 8, 2009. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E9–13700 Filed 6–10–09; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Submission for OMB Review; 

Comment Request 

The Department of Commerce will 

submit to the Office of Management and 

Budget (OMB) for clearance the 


jlentini on PROD1PC65 with NOTICES