North Dakota FSA eNews - September 2021

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North Dakota FSA eNews -  September 2021

North Dakota FSA eNews


USDA to Provide Pandemic Assistance to Livestock Producers for Animal Losses

Livestock and poultry producers who suffered losses during the pandemic due to insufficient access to processing can apply for assistance for those losses and the cost of depopulation and disposal of the animals. The U.S. Department of Agriculture (USDA) Secretary Vilsack announced the Pandemic Livestock Indemnity Program (PLIP) in [recorded] remarks at the National Pork Industry Conference in Wisconsin Dells, WI. The announcement is part of USDA’s Pandemic Assistance for Producers initiative. Livestock and poultry producers can apply for assistance through USDA’s Farm Service Agency (FSA) July 20 through Sept. 17, 2021.

The Consolidated Appropriations Act, 2021, authorized payments to producers for losses of livestock or poultry depopulated from March 1, 2020 through December 26, 2020, due to insufficient processing access as a result of the pandemic. PLIP payments will be based on 80% of the fair market value of the livestock and poultry and for the cost of depopulation and disposal of the animal. Eligible livestock and poultry include swine, chickens and turkeys.

PLIP Program Details

Eligible livestock must have been depopulated from March 1, 2020, through December 26, 2020, due to insufficient processing access as a result of the pandemic. Livestock must have been physically located in the U.S. or a territory of the U.S. at the time of depopulation.

Eligible livestock owners include persons or legal entities who, as of the day the eligible livestock was depopulated, had legal ownership of the livestock. Packers, live poultry dealers and contract growers are not eligible for PLIP.

PLIP payments compensate participants for 80% of both the loss of the eligible livestock or poultry and for the cost of depopulation and disposal based on a single payment rate per head. PLIP payments will be calculated by multiplying the number of head of eligible livestock or poultry by the payment rate per head, and then subtracting the amount of any payments the eligible livestock or poultry owner has received for disposal of the livestock or poultry under the Natural Resources Conservation Service (NRCS) Environmental Quality Incentives Program (EQIP) or a state program. The payments will also be reduced by any Coronavirus Food Assistance Program (CFAP 1 and 2) payments paid on the same inventory of swine that were depopulated.

There is no per person or legal entity payment limitation on PLIP payments. To be eligible for payments, a person or legal entity must have an average adjusted gross income (AGI) of less than $900,000 for tax years 2016, 2017 and 2018.

Applying for Assistance

Eligible livestock and poultry producers can apply for PLIP starting July 20, 2021, by completing the FSA-620, Pandemic Livestock Indemnity Program application, and submitting it to any FSA county office. Additional documentation may be required. Visit farmers.gov/plip for a copy of the Notice of Funding Availability and more information on how to apply.


USDA Updates Pandemic Assistance for Livestock, Poultry Contract Producers and Specialty Crop Growers

USDA Sets October 12 Deadline for CFAP 2

The U.S. Department of Agriculture (USDA) is updating the Coronavirus Food Assistance Program 2 (CFAP 2) for contract producers of eligible livestock and poultry and producers of specialty crops and other sales-based commodities. CFAP 2, which assists producers who faced market disruptions in 2020 due to COVID-19, is part of USDA’s broader Pandemic Assistance for Producers initiative. Additionally, USDA’s Farm Service Agency (FSA) has set an Oct. 12 deadline for all eligible producers to apply for or modify applications for CFAP 2. 

Assistance for Contract Producers   

The Consolidated Appropriations Act, 2021, provides up to $1 billion for payments to contract producers of eligible livestock and poultry for revenue losses from Jan. 1, 2020, through Dec. 27, 2020. Contract producers of broilers, pullets, layers, chicken eggs, turkeys, hogs and pigs, ducks, geese, pheasants and quail may be eligible for assistance. This update includes eligible breeding stock and eggs of all eligible poultry types produced under contract.    

Payments for contract producers were to be based on a comparison of eligible revenue for the periods of Jan. 1, 2019, through Dec. 27, 2019, and Jan. 1, 2020, through Dec. 27, 2020. Today’s changes mean contract producers can now elect to use eligible revenue from the period of Jan. 1, 2018, through Dec. 27, 2018, instead of that date range in 2019 if it is more representative. This change is intended to provide flexibility and make the program more equitable for contract producers who had reduced revenue in 2019 compared to a normal production year. The difference in revenue is then multiplied by 80% to determine a final payment. Payments to contract producers may be factored if total calculated payments exceed the available funding and will be made after the application period closes.

Additional flexibilities have been added to account for increases to operation size in 2020 and situations where a contract producer did not have a full period of revenue from Jan. 1 to Dec. 27 for either 2018 or 2019. Assistance is also available to new contract producers who began their farming operation in 2020.  

Updates for Sales-Based Commodities   

USDA is amending the CFAP 2 payment calculation for sales-based commodities, which are primarily comprised of specialty crops, to allow producers to substitute 2018 sales for 2019 sales. Previously, payments for producers of sales-based commodities were based only on 2019 sales, with 2019 used as an approximation of the amount the producer would have expected to market in 2020. Giving producers the option to substitute 2018 sales for this approximation, including 2018 crop insurance indemnities and 2018 crop year Noninsured Disaster Assistance Program (NAP) and Wildfire and Hurricane Indemnity Program Plus (WHIP+) payments,  provides additional flexibility to producers of sales-based commodities who had reduced sales in 2019.

Grass seed has also been added as an eligible sales commodity for CFAP 2. A complete list of all eligible sales-based commodities can be found at farmers.gov/cfap2/commodities. Producers of sales-based commodities can modify existing applications.  

Applying for Assistance   

Newly eligible producers who need to submit a CFAP 2 application or producers who need to modify an existing one can do so by contacting their local FSA office. Producers can find their local FSA office by visiting farmers.gov/service-locator. Producers can also obtain one-on-one support with applications by calling 877-508-8364. All new and modified CFAP 2 applications are due by the Oct. 12 deadline. 


2021 CRP Hay Bale Removal Deadline Extended in North Dakota to September 30, 2021

North Dakota producers have been granted an extension to remove hay bales from CRP. The non-emergency and emergency hay removal deadline has been extended from September 15, 2021 to September 30, 2021. For this year only (2021) the September 30, 2021 deadline extension was granted on account of the severe to exceptional drought conditions that have severely impacted pastures and hay ground across the state of North Dakota and the potential fire hazard, along with other harvesting commitments Ag Producers are facing.

Contact your local Farm Service Agency Office with any questions – farmers.gov/service-center-locator.


USDA Expands Assistance to Cover Feed Transportation Costs for Drought-Impacted Ranchers

Update to the Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish Program

In response to the severe drought conditions in the West and Great Plains, the U.S. Department of Agriculture (USDA) announced today its plans to help cover the cost of transporting feed for livestock that rely on grazing. USDA is updating the Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish Program (ELAP) to immediately cover feed transportation costs for drought impacted ranchers. USDA’s Farm Service Agency (FSA) will provide more details and tools to help ranchers get ready to apply at their local USDA Service Center later this month at fsa.usda.gov/elap.

ELAP provides financial assistance to eligible producers of livestock, honeybees, and farm-raised fish for losses due to disease, certain adverse weather events or loss conditions as determined by the Secretary of Agriculture.

ELAP already covers the cost of hauling water during drought, and this change will expand the program beginning in 2021 to cover feed transportation costs where grazing and hay resources have been depleted. This includes places where:

  • Drought intensity is D2 for eight consecutive weeks as indicated by the S. Drought Monitor;
  • Drought intensity is D3 or greater; or
  • USDA has determined a shortage of local or regional feed availability.

Cost share assistance will also be made available to cover eligible cost of treating hay or feed to prevent the spread of invasive pests like fire ants.

Under the revised policy for feed transportation cost assistance, eligible ranchers will be reimbursed 60% of feed transportation costs above what would have been incurred in a normal year. Producers qualifying as underserved (socially disadvantaged, limited resource, beginning or military veteran) will be reimbursed for 90% of the feed transportation cost. above what would have been incurred in a normal year.

A national cost formula, as established by USDA, will be used to determine reimbursement costs which will not include the first 25 miles and distances exceeding 1,000 transportation miles. The calculation will also exclude the normal cost to transport hay or feed if the producer normally purchases some feed.  For 2021, the initial cost formula of $6.60 per mile will be used (before the percentage is applied), but may be adjusted on a state or regional basis.

To be eligible for ELAP assistance, livestock must be intended for grazing and producers must have incurred feed transportation costs on or after Jan. 1, 2021. Although producers will self-certify losses and expenses to FSA, producers are encouraged to maintain good records and retain receipts and related documentation in the event these documents are requested for review by the local FSA County Committee. The deadline to file an application for payment for the 2021 program year is Jan. 31, 2022.

USDA offers a comprehensive portfolio of disaster assistance programs.  On farmers.gov, the Disaster Assistance Discovery Tool, Disaster Assistance-at-a-Glance fact sheet, and Farm Loan Discovery Tool can help producers and landowners determine all program or loan options available for disaster recovery assistance.

More information on this expansion to ELAP is forthcoming. In the meantime, more information is available at fsa.usda.gov/elap or by contacting a local USDA Service Center.


Disaster Assistance Available for Livestock Losses

The Livestock Indemnity Program (LIP) provides assistance to you for livestock deaths in excess of normal mortality caused by adverse weather, disease and attacks by animals reintroduced into the wild by the federal government or protected by federal law.

For disease losses, FSA county committees can accept veterinarian certifications that livestock deaths were directly related to adverse weather and unpreventable through good animal husbandry and management.

For 2021 livestock losses, you must file a notice within 30 calendar days of when the loss is first apparent. You then must provide the following supporting documentation to your local FSA office no later than 60 calendar days after the end of the calendar year in which the eligible loss condition occurred.

  • Proof of death documentation
  • Copy of grower’s contracts
  • Proof of normal mortality documentation

In addition to filing a notice of loss, you must also submit an application for payment by March 1, 2022.

For more information, contact your local County USDA Service Center or visit fsa.usda.gov.


Insure Crops to Avoid Forced Repayment of WHIP+ or QLA Payments

Producers who received a payment under the Wildfires and Hurricanes Indemnity Program+ (WHIP+) or the Quality Loss Adjustment Program (QLA) for crop production or quality losses occurring in 2018, 2019, or 2020 crop years, are reminded that they must obtain federal crop insurance or Non-Insured Crop Disaster Assistance Program (NAP) coverage at the 60/100 level, or higher, for both the 2022 and 2023 crop years. 

Failure to obtain the required coverage by the sales or application closing date will result in the required refund of WHIP+ and QLA benefits received on the applicable crop, plus interest.

Sales closing dates for the 2022 crop year to obtain Federal Crop Insurance and NAP coverage start September 30, 2021.  Producers should contact their crop insurance agent or the local FSA County Office for the sales closing date for specific crops.

The coverage requirement is applicable to the physical location county of the crop that received WHIP+ and/or QLA benefits. Producers should contact their federal crop insurance agent or local county FSA Office to inquire about coverage options. Producers can determine if crops are eligible for federal crop insurance or NAP by reviewing the RMA actuarial information browser here.

When applying for WHIP+ or QLA, the producer signed form FSA-895 (Crop Insurance and/or NAP Coverage Agreement), acknowledging the requirement to obtain federal crop insurance, if available, or NAP coverage if federal crop insurance is not available. 

For more information, contact your local FSA Service Center at farmers.gov/service-center-locator.


Report Non-Insured Crop Disaster Assistance Program (NAP) Losses

The Non-Insured Crop Disaster Assistance Program (NAP) provides financial assistance to producers of non-insurable crops when low yields, loss of inventory, or prevented planting occur due to natural disasters (includes native grass for grazing).

Eligible producers must have purchased NAP coverage for 2021 crops. A notice of loss must be filed on form CCC-576, Notice of Loss, the earlier of 15 days of the occurrence of the disaster or when losses become apparent or 15 days of the final harvest date.  Prevented planting acreage must be reported no later than 15 calendar days after the final planting date as established by FSA.  Contact your local FSA office for a list of final planting dates by crop.

Producers abandoning or destroying a crop with NAP coverage must notify FSA prior to the destruction of the acreage.

Producers of hand-harvested crops must notify FSA of damage or loss through the administrative County Office within 72 hours of the date of damage or loss first becomes apparent. This notification can be provided by filing a CCC-576, email, fax or phone. Producers who notify the County Office by any method other than by filing the CCC-576 are still required to file a CCC-576, Notice of Loss, within the required 15 calendar days.

Eligible crops must be commercially produced agricultural commodities for which crop insurance is not available, including perennial grass forage and grazing crops, fruits, vegetables, mushrooms, floriculture, ornamental nursery, aquaculture, turf grass, ginseng, honey, syrup, bioenergy, and industrial crops.

For more information on NAP, contact your local FSA office or visit www.fsa.usda.gov/nap.


FSA is Accepting CRP Continuous Enrollment Offers

The Farm Service Agency (FSA) is accepting offers for specific conservation practices under the Conservation Reserve Program (CRP) Continuous Signup.

In exchange for a yearly rental payment, farmers enrolled in the program agree to remove environmentally sensitive land from agricultural production and to plant species that will improve environmental health and quality. The program’s long-term goal is to re-establish valuable land cover to improve water quality, prevent soil erosion, and reduce loss of wildlife habitat. Contracts for land enrolled in CRP are 10-15 years in length.

Under continuous CRP signup, environmentally sensitive land devoted to certain conservation practices can be enrolled in CRP at any time. Offers for continuous enrollment are not subject to competitive bidding during specific periods. Instead, they are automatically accepted provided the land and producer meet certain eligibility requirements and the enrollment levels do not exceed the statutory cap.

For more information, including a list of acceptable practices, contact your local County USDA Service Center or visit fsa.usda.gov/crp.


Youth Loans

FSA makes loans to youth to establish and operate agricultural income-producing projects in connection with 4-H clubs, FFA and other agricultural groups. Projects must be planned and operated with the help of the organization advisor, produce sufficient income to repay the loan and provide the youth with practical business and educational experience. The maximum loan amount is $5000.

Youth Loan Eligibility Requirements:

  • Be a citizen of the United States (which includes Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands) or a legal resident alien
  • Be 10 years to 20 years of age
  • Comply with FSA’s general eligibility requirements
  • Be unable to get a loan from other sources
  • Conduct a modest income-producing project in a supervised program of work as outlined above
  • Demonstrate capability of planning, managing and operating the project under guidance and assistance from a project advisor. The project supervisor must recommend the youth loan applicant, along with providing adequate supervision.

Stop by the county office for help preparing and processing the application forms. Youth Loan Factsheet

Youth Loans

Loan Deficiency Payments (LDP’s)

LDP’s are available when the CCC-determined market repayment rate is below the commodity loan rate. Crop year 2021 wool has reached LDP levels for ungraded wool and for certain micron levels on graded wool.  LDP rates for wool are announced weekly and rates vary based on graded or non-graded wool. If a graded wool LDP is requested, it must be accompanied by a copy of the core test report from a CCC approved laboratory.   

LDP’s are only available on a commodity after the commodity is harvested, or sheared if wool or mohair, or extracted if honey. Approved storage is not required for commodities to be eligible for LDP. If an LDP payment is requested, a producer agrees to forego obtaining a loan on the same quantity.

LDP applications can be filed in person, by fax or electronically through the eLDP process using the multi-part form CCC-633EZ. 

The CCC-633 EZ is a multi-part form. Page 1 is filed as an intention to request LDP benefits. It must be filed each crop year and will cover all farms and commodities in which a producer has an interest for the 2021 crop year. Page 1 must be filed before beneficial interest is lost in the commodity and before a request for payment is completed on pages 2-4. The current version of the form and only one accepted by CCC is dated May 21, 2019.  The completion of page 1 does not cause a producer to lose loan eligibility for the commodity.  The option of obtaining a loan is maintained until a quantity is requested on the page 2 or 4 payment request.

Page 2 of the form is used to request the LDP payment for wheat, feed grains, oilseeds, pulse crops and honey. Page 4 is used to request mohair, wool and unshorn pelt LDP payments. Page 2 and page 4 of the application must be filed in the county FSA office that maintains the farm records for the farm that produced the requested commodity.

To check the LDP rates, producers can access the rates at: FSA Price Support Programs


Beneficial Interest Requirements for Loan and LDP’s

Producers are required to maintain beneficial interest in the commodity tendered for loan or LDP. Beneficial interest includes having control and title in the commodity. Loss of any one element causes loss of beneficial interest.

Sales agreements, including options to purchase, priced later and contracts for future delivery can impact beneficial interest.  Once beneficial interest is lost, the commodity remains ineligible for loan or LDP, even if the producer regains control or title at a later date.  Some contracts may also have provisions, such as restrictions on ability to mortgage the commodity or storage earned prior to delivery, that impact when beneficial interest is lost even if no payment has been issued to the seller. Even without a sales contract, delivery location, such as a feed lot, ethanol plant, seed plant or licensed warehouse can also impact when beneficial interest is considered lost.

Producers planning to use any of the various types of sales contracts can request to have the contract reviewed by the local county FSA office to determine how the contract would impact beneficial interest.


USDA Expands Farmers.gov to Include Farm Records

Access your land information in real time

Producers with farmers.gov accounts can now access farm records and maps online, the latest self-service feature added to the U.S. Department of Agriculture (USDA) website.

You can quickly and easily access your land information in real time by desktop computer, tablet or phone. Capabilities include:

  • View, print and export detailed farm records such as cropland, base acres, yields, CRP acres, land ownership details, and much more;
  • View, print and export farm/tract maps that can be provided to lenders, chemical or fertilizer providers, and FSA for reporting acreage and crop insurance agents; and
  • Export common land unit (field) boundaries as ESRI shapefiles.

The ability to access these records on demand without a visit to the service center saves you time and money.

Farmers.gov now includes the most popular functionalities from FSAFarm+, the FSA portal for producers, while providing enhanced functionality and an improved user experience. A new enhancement expands the scope of accessibility to include farmers and ranchers who are members of an entity, as well as people with a power of attorney form (FSA-211) on file with FSA.

Managing USDA Business Online

Using farmers.gov, producers, entities and those acting on their behalf can also:

  • View, upload, download, and e-sign conservation documents.
  • Request financial assistance, including submitting a program application.
  • View and submit conservation requests.
  • View technical references and submit questions.
  • Access information on current and past conservation practices, plans and contracts.
  • Report practice completion and request practice certification.
  • View farm loan and interest information (producers only).

Future plans include adding the ability to import and view other shapefiles, such as precision agriculture planting boundaries.

To access your information, you’ll will need a USDA eAuth account to login to farmers.gov. After obtaining an eAuth account, producers should visit farmers.gov and sign into the site’s authenticated portal via the Sign In/Sign Up link at the top right of the website. Google Chrome, Mozilla Firefox or Microsoft Edge are the recommended browsers to access the feature.

In addition to the self-service features available by logging into farmers.gov, the website also has ample information on USDA programs, including pandemic assistance, farm loans, disaster assistance, conservation programs and crop insurance. Recently, USDA updated the navigation and organization of the site as well as added some new webpages, including “Get Involved,” “Common Forms,” and “Translations.” Learn more about these changes.


Maintaining ARC/PLC Acreage

If you’re enrolled in the Agriculture Risk Coverage (ARC) or Price Loss Coverage (PLC) programs, you must protect all cropland and noncropland acres on the farm from wind and water erosion and noxious weeds. By signing ARC county or individual contracts and PLC contracts, you agree to effectively control noxious weeds on the farm according to sound agricultural practices. If you fail to take necessary actions to correct a maintenance problem on your farm that is enrolled in ARC or PLC, the County Committee may elect to terminate your contract for the program year. 


Bank Account Changes

Current FSA policy mandates that payments be electronically transferred into your bank account. In order for timely payments to be made, producers need to notify the FSA county office if your account has been changed or if another financial institution purchases your bank. Payments can be delayed if the FSA office is not aware of updates to your account and routing numbers.


Obtaining Payments due to Deceased Producers

In order to claim a Farm Service Agency (FSA) payment on behalf of a deceased producer, all program conditions for the payment must have been met before the applicable producer’s date of death.

If a producer earned an FSA payment prior to his or her death, the following is the order of precedence for the representatives of the producer:

  • administrator or executor of the estate
  • the surviving spouse
  • surviving sons and daughters, including adopted children
  • surviving father and mother
  • surviving brothers and sisters
  • heirs of the deceased person who would be entitled to payment according to the State law

For FSA to release the payment, the legal representative of the deceased producer must file a form FSA-325 to claim the payment for themselves or an estate. The county office will verify that the application, contract, loan agreement, or other similar form requesting payment issuance, was signed by the applicable deadline by the deceased or a person legally authorized to act on their behalf at that time of application.

If the application, contract or loan agreement form was signed by someone other than the deceased participant, FSA will determine whether the person submitting the form has the legal authority to submit the form.

Payments will be issued to the respective representative’s name using the deceased program participant’s tax identification number. Payments made to representatives are subject to offset regulations for debts owed by the deceased.

FSA is not responsible for advising persons in obtaining legal advice on how to obtain program benefits that may be due to a participant who has died, disappeared or who has been declared incompetent.


USDA to Provide Relief to Small Producers, Processors, Distributors, Farmers Markets Impacted by COVID-19

The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) announced it will soon publish Requests for Applications (RFAs) for the Pandemic Response and Safety (PRS) Grants program to support agricultural stakeholders who haven’t yet received substantial federal financial assistance in responding to the COVID-19 crisis. This grant program will provide assistance to small businesses in certain commodity areas, including small scale specialty crop producers, food processors, manufacturers, distributors and farmers markets.

A grant forecast is now available to help potential applicants determine their eligibility and to prepare to apply for funding. Eligible entities should visit the PRS grant portal at usda-prs.grantsolutions.gov for complete information on the program, including how to obtain a free of charge DUNS Number from Dun & Bradstreet (D&B) BEFORE applying for this program. On September 23, USDA will issue another announcement indicating that entities may submit their applications through the grant portal; entities will need their DUNS number to submit an application.

Visit usda-prs.grantsolutions.gov or the AMS website to learn more.


2021 COC Election Schedule

September 2021 Loan and Interest Rates

Farm Operating Loans: Direct: 1.875%
Farm Ownership Loans: Direct: 3.00%
Farm Ownership Loans (Direct and Joint Financing): 2.500%
Farm Ownership Loans (Down Payment): 1.500%
Emergency Loans:  2.875%
Farm Storage Facility Loan, 3 year: 0.375%
Farm Storage Facility Loan, 5 year: 0.75%
Farm Storage Facility Loan, 7 year: 1.00%
Farm Storage Facility Loan, 10 year: 1.25%
Farm Storage Facility Loan, 12 year: 1.375%
Commodity Loans: 1.125%


Calendar Deadlines

September 17, 2021: Deadline to apply for 2021 PLIP
September 30, 2021: Deadline to approve FY2021 Offers for CRP/CCRP
September 30, 2021: 2022 Rye, Rhubarb, and Asparagus NAP Coverage Deadline
October 12, 2021: CFAP 2 Deadline
November 15, 2021:
Acreage Reporting Deadline for Fall-Seeded Small Grains November 15, 2021: 2022 Aronia and June Berries NAP Coverage Deadline
November 15, 2021: 2022 Hops NAP Coverage Deadline
December 1, 2021: 2022 Grapes NAP Coverage Deadline
December 31, 2021: 2022 Honey NAP Coverage Deadline
January 30. 2022: Deadline to apply for 2021 LFP
March 1, 2022: Deadline to apply for 2021 LIP

North Dakota Farm Service Agency

North Dakota State Office
1025 28th St. South
Fargo, ND 58103

Phone: 701-239-5224
Fax: 855-813-6644

Acting State Executive Director: Brian Haugen

State Office Staff:
Administrative Officer: Amber Briss
Compliance/Payment Limitations: Vacant
Conservation/Livestock: Wanda Braton
ARC/PLC/NAP/Disaster: Laura Heinrich
Farm Loan Programs: Mary Sue Ohlhauser
Price Support: Brian Haugen

Explore the new USDA Farmers.gov portal for county office locations, program info, and much more!