North Dakota FSA eNews -June 2022

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North Dakota FSA eNews - June, 2022

North Dakota FSA eNews


Important Dates and Deadlines

       PLEASE NOTE that on Monday, June 20, 2022:
      ALL 
USDA Service Centers will be Closed in observance of Juneteenth

June 30, 2022: Deadline to file a Notice of Loss for 2021 livestock hauled to feed
July 4, 2022: Office Closed in observance of Independence Day
July 15, 2022:  Acreage Reporting Deadline for 2022 Crop Year spring planted crops and perennial forage
July 15, 2022: 2021 ARC-IC Production Certification Deadline
August 5, 2022: Deadline to submit offers for CRP CLEAR30
September 30, 2022: Deadline to enroll new land under Continuous CRP
October 31, 2022: Applications due for the Organic and Transitional Education Certification Program (OTECP) and Organic Certification Cost Share Program are (OCCSP)
January 30, 2023: 2022 ELAP Application for Payment Deadline
January 30, 2023: 2022 LFP Application for Payment Deadline
March 1, 2023: 2022 LIP Application for Payment Deadline
Ongoing – Continuous CRP Signup


FSA State Executive Director- Monthly Message

As I write this article, spring planting is winding down. There has been a tremendous push to get as many acres seeded as possible in the last couple of weeks with favorable weather conditions helping. Late springs bring many challenges but it is encouraging to see some beautiful crops emerging and growing due to the moisture we have across the state.

One of the best parts of my job is the opportunity to get out of the office and meet with FSA staff and spend time with agriculture partners and producers. I recently participated in five of the six well attended ND Stockmen’s Association Spring Round Ups where they graciously allowed me to share information on livestock disaster program assistance.

It was also a privilege for me to spend two evenings with FFA members at their recent state convention at NDSU. Having been an FFA member myself, I have a special fondness for this organization. I presented a Poultry Proficiency award on behalf of the FSA and was inspired by the level of professionalism and quality of speakers at the award ceremony. I also attended the parent/sponsor banquet and accepted a plaque honoring ND FSA for ten years of sponsorship. The guest speaker, Trent Loos, stated that he has many people tell him what a phenomenal organization FFA is – he observed that he didn’t believe the organization was phenomenal, he said it attracts phenomenal people. I couldn’t agree more. 

Below includes some important program updates as well as forthcoming deadlines we hope you take time to review. The Emergency Relief Program (ERP) was recently announced and it's important to note that just because you may have received an ERP application in the mail does not mean you are automatically eligible. Producers must certify on the ERP application that they had a qualifying loss. A qualifying loss means that the calculated crop insurance indemnity that was received was due, in whole or in part, to a crop production loss caused by a qualifying disaster event.  The loss must have been a production loss and not just a revenue loss due to a decrease in price.  Also not all North Dakota counties had a qualifying drought in 2020. Producers who had 2020 losses in counties that did not have a qualifying drought should not certify to yes in item 15 or 23 on their ERP application unless there was another qualifying disaster event, such as excessive heat or moisture, which contributed, in whole or in part, to the 2020 crop production loss.

We also want to point out that acreage reporting must be completed by July 15th and any prevent plant information should be reported to your insurance agents. Your FSA office can pull the info from RMA but you will still need to file form CCC-576 with your prevent plant information with the county FSA office by July 15th so the County Committee can review the information. Last but certainly not least, we are thrilled to welcome all of our newly appointed State Committee members (more on that in the article directly below)!

Stay safe everyone!
- Marcy Svenningsen 


USDA Names Appointees to the North Dakota Farm Service Agency State Committee

The USDA Farm Service Agency (FSA) today announced appointees who will serve on the North Dakota USDA Farm Service Agency (FSA) state committee.

Members of the FSA state committee are appointed by Secretary of Agriculture Tom Vilsack and are responsible for the oversight of farm programs and county committee operations, resolving program delivery appeals from the agriculture community, maintaining cooperative relations with industry stakeholders, keeping producers informed about FSA programs and operating in a manner consistent with USDA equal opportunity and civil rights policies.

Each FSA state committee is comprised of three to five members including a designated chairperson. The individuals appointed to serve on this committee for North Dakota are:

  • Committee Chair Todd Hall – Dunn Center
  • Christie Jaeger - Esmond
  • Tyler Stafslien - Ryder
  • Michelle Ziesch - Pettibone

“The FSA state committee members play an integral role in the continuity of operations, equitable and inclusive program administration and ensure the overall integrity of services to the nation’s agricultural producers,” said Marcus Graham, FSA Deputy Administrator for Field Operations.  “These individuals have proven themselves to be leaders, early adopters and key influencers in the agriculture industry in their respective states – qualities that will serve them well in these key Biden-Harris Administration leadership positions.


Farm Service Agency Now Accepting Nominations for Farmers and Ranchers to Serve on Local County Committees

The U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) is now accepting nominations for county committee members. Elections will occur in certain Local Administrative Areas (LAA) for members. LAAs are elective areas for FSA committees in a single county or multi-county jurisdiction. This may include LAAs that are focused on an urban or suburban area. 

County committee members make important decisions about how Federal farm programs are administered locally. All nomination forms for the 2022 election must be postmarked or received in the local FSA office by Aug. 1, 2022. 

Agricultural producers who participate or cooperate in a USDA program and reside in the LAA that is up for election this year, may be nominated for candidacy for the county committee. A cooperating producer is someone who has provided information about their farming or ranching operation to FSA, even if they have not applied or received program benefits. Individuals may nominate themselves or others and qualifying organizations may also nominate candidates. USDA encourages minority producers, women, and beginning farmers or ranchers to nominate, vote and hold office. 

Nationwide, more than 7,700 dedicated members of the agricultural community serve on FSA county committees. The committees are made up of three to 11 members who serve three-year terms. Producers serving on FSA county committees play a critical role in the day-to-day operations of the agency. Committee members are vital to how FSA carries out disaster programs, as well as conservation, commodity and price support programs, county office employment and other agricultural issues. 

More Information 
Producers should contact their local FSA office today to register and find out how to get involved in their county’s election, including if their LAA is up for election this year. To be considered, a producer must be registered and sign an FSA-669A nomination form. Urban farmers should use an FSA-669-A-3 for urban county committees. The form and other information about FSA county committee elections are available at fsa.usda.gov/elections

Election ballots will be mailed to eligible voters beginning Nov. 7, 2022. Producers can find their local USDA Service Center at farmers.gov/service-locator

County Committee Nominations

USDA to Provide $6 billion to Commodity and Specialty Crop Producers Impacted by 2020 and 2021 Natural Disasters

The U.S. Department of Agriculture (USDA) today announced that commodity and specialty crop producers impacted by natural disaster events in 2020 and 2021 will soon begin receiving emergency relief payments totaling approximately $6 billion through the Farm Service Agency’s (FSA) new Emergency Relief Program (ERP) to offset crop yield and value losses.  

Background   
On September 30, 2021, President Biden signed into law the Extending Government Funding and Delivering Emergency Assistance Act (P.L. 117-43), which includes $10 billion in assistance to agricultural producers impacted by wildfires, droughts, hurricanes, winter storms, and other eligible disasters experienced during calendar years 2020 and 2021. FSA recently made payments to ranchers impacted by drought and wildfire through the first phase of the Emergency Livestock Relief Program (ELRP). ERP is another relief component of the Act.   

For impacted producers, existing Federal Crop Insurance or Noninsured Crop Disaster Assistance Program (NAP) data is the basis for calculating initial payments. USDA estimates that phase one ERP benefits will reach more than 220,000 producers who received indemnities for losses covered by federal crop insurance and more than 4,000 producers who obtained NAP coverage for 2020 and 2021 crop losses.    

ERP Eligibility – Phase One   
ERP covers losses to crops, trees, bushes, and vines due to a qualifying natural disaster event in calendar years 2020 and 2021.  Eligible crops include all crops for which crop insurance or NAP coverage was available, except for crops intended for grazing. Qualifying natural disaster events include wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, qualifying drought, and related conditions.   

For drought, ERP assistance is available 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  
  •  D3 (extreme drought) or higher level of drought intensity.  

Lists of 2020 and 2021 drought counties eligible for ERP is available on the emergency relief website.  

To streamline and simplify the delivery of ERP phase one benefits, FSA will send pre-filled application forms to producers where crop insurance and NAP data are already on file. This form includes eligibility requirements, outlines the application process and provides ERP payment calculations. Producers will receive a separate application form for each program year in which an eligible loss occurred. Receipt of a pre-filled application is not confirmation that a producer is eligible to receive an ERP phase one payment.  

Additionally, producers must have the following forms on file with FSA within 60 days of the ERP phase one deadline, which will later be announced by FSA’s Deputy Administrator for Farm Programs:   

  • Form AD-2047, Customer Data Worksheet.   
  • Form CCC-902, Farm Operating Plan for an individual or legal entity.    
  • Form CCC-901, Member Information for Legal Entities (if applicable).    
  • Form FSA-510, Request for an Exception to the $125,000 Payment Limitation for Certain Programs (if applicable).    
  • Form CCC-860, Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification, if applicable, for the 2020 and/or 2021 program year.    
  • A highly erodible land conservation (sometimes referred to as HELC) and wetland conservation certification (Form AD-1026 Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification) for the ERP producer and applicable affiliates.   

Most producers, especially those who have previously participated in FSA programs, will likely have these required forms on file. However, those who are uncertain or want to confirm the status of their forms can contact their local FSA county office.     

ERP Payment Calculations – Phase One   
For crops covered by crop insurance, the ERP phase one 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.   

  • Crop Insurance – the ERP factor is 75% to 95% depending on the level of coverage ranging from catastrophic to at least 80% coverage.  
  • NAP – the ERP factor is 75% to 95% depending on the level of coverage ranging from catastrophic to 65% coverage.       

Full ERP payment calculation factor tables are available on the emergency relief website and in the program fact sheet. 

Applying ERP factors ensures that payments to producers do not exceed available funding and that cumulative payments do not exceed 90% of losses for all producers as required by the Act.    

Also, there will be certain payment calculation considerations for area plans under crop insurance policies.      

The ERP payment percentage for historically underserved producers, including beginning, limited resource, socially disadvantaged, and veteran farmers and ranchers will be increased by 15% of the calculated payment for crops having insurance coverage or NAP.   

To qualify for the higher payment percentage, eligible producers must have a CCC-860, Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification, form on file with FSA for the 2020 and/or 2021 program year.   

 Because the amount of loss due to a qualifying disaster event in calendar years 2020 and 2021 cannot be separated from the amount of loss caused by other eligible causes of loss as defined by the applicable crop insurance or NAP policy, the ERP phase one payment will be calculated based on the producer’s loss due to all eligible causes of loss.   

Future Insurance Coverage Requirements  
All producers who receive ERP phase one payments, including those receiving a payment based on crop, tree, bush, or vine insurance policies, are statutorily required to purchase crop insurance, or NAP coverage where crop insurance is not available, for the next two available crop years, as determined by the Secretary.  Participants must obtain crop insurance or NAP, as may be applicable:  

  • At a coverage level equal to or greater than 60% for insurable crops; or  
  • At the catastrophic level or higher for NAP crops.  

Coverage requirements 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.   

Emergency Relief – Phase Two (Crop and Livestock Producers)  
Today’s announcement is only phase one of relief for commodity and specialty crop producers.  Making the initial payments using existing safety net and risk management data will both speed implementation and further encourage participation in these permanent programs, such as Federal crop insurance, as Congress intended.   

The second phase of both ERP and ELRP programs will fill gaps and cover producers who did not participate in or receive payments through the existing programs that are being leveraged for phase one implementation.  When phase one payment processing is complete, the remaining funds will be used to cover gaps identified under phase two.     

Through proactive communication and outreach, USDA will keep producers and stakeholders informed as program details are made available.   More information on ERP can be found in the Notice of Funding Availability

Additional Commodity Loss Assistance   
The Milk Loss Program and On-Farm Stored Commodity Loss Program are also funded through the Extending Government Funding and Delivering Emergency Assistance Act and will be announced in a future rule in the Federal Register.    

More Information    
Additional USDA disaster assistance information can be found on farmers.gov, including the Disaster Assistance Discovery Tool, Disaster-at-a-Glance fact sheet, and Farm Loan Discovery Tool. For FSA and Natural Resources Conservation Service programs, producers should contact their local USDA Service Center. For assistance with a crop insurance claim, producers and landowners should contact their crop insurance agent.    


Top 6 Emergency Relief Program Checklist Items for Eligible Farmers

FSA recently began mailing 303,000 pre-filled applications for the Emergency Relief Program (ERP), a new program designed to help agricultural producers impacted by wildfires, droughts, hurricanes, winter storms, and other qualifying natural disasters experienced during calendar years 2020 and 2021.

The past few years have been tough to say the least. As producers have dealt with the continued impacts of the COVID-19 pandemic, they have also struggled to recover from more frequent, more intense natural disasters. I am grateful that Congress passed, and President Biden signed into law the Extending Government Funding and Delivering Emergency Assistance Act (P.L. 117-43), which includes $10 billion in critical emergency relief.

After extensive stakeholder outreach, including with producers and groups that have not always been included in USDA programs, our team began work developing a responsive, easier-to-access program that could be rolled out in phases. We’re now rolling out the first phase of ERP, which uses existing Federal Crop Insurance or Noninsured Crop Disaster Assistance Program (NAP) data as the basis for calculating initial payments.

By leveraging existing data, we will be able to deliver approximately $6 billion in assistance on a faster timeline; at the same time, my team and I are committed to ensuring that producers who do not have existing data on file with USDA are captured in the second phase of ERP, which will be explicitly focused on filling gaps in previously implemented emergency assistance.

To apply for ERP Phase 1, here’s what you need to do:

  1. Check Your Mailbox

The form being mailed to you includes eligibility requirements, outlines the application process, and provides estimated ERP payment calculations. Producers will receive a separate application form for each program year in which an eligible loss occurred. Receipt of a pre-filled application is not confirmation that a producer is eligible to receive an ERP phase one payment. This application takes about 0.176 hours (that’s less than 15 minutes) for producers to complete, compared to the former Wildfire and Hurricane Indemnity Program – Plus application which took several hours for producers to complete and even longer for FSA staff. 

The deadline to return completed ERP applications to FSA is Friday, July 22, 2022. If you have NAP coverage, you will receive pre-filled ERP applications later this summer. Details on ERP Phase 2 will be forthcoming as well.

  1. Check Your Eligibility

ERP covers losses to crops, trees, bushes, and vines due to a qualifying natural disaster event in calendar years 2020 and 2021. Eligible crops include all crops for which crop insurance or NAP coverage was available, except for crops intended for grazing. Qualifying natural disaster events include wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, qualifying drought*, and related conditions.

*Lists of 2020 and 2021 drought counties eligible for ERP are available online.

  1. Check Required Forms on File with FSA

Producers must have the following forms on file with FSA:

  • Form AD-2047, Customer Data Worksheet.
  • Form CCC-902, Farm Operating Plan for an individual or legal entity.
  • Form CCC-901, Member Information for Legal Entities(if applicable).
  • Form FSA-510, Request for an Exception to the $125,000 Payment Limitation for Certain Programs(if applicable).
  • A highly erodible land conservation (sometimes referred to as HELC) and wetland conservation certification (Form AD-1026 Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification) for the ERP producer and applicable affiliates.

If you have previously participated in FSA programs, you will likely have these required forms on file. However, if you’re uncertain or want to confirm the status of your forms, contact your local FSA county office.

  1. Check Historically Underserved Status with FSA, If Applicable

The ERP payment percentage for historically underserved producers, including beginning, limited resource, socially disadvantaged, and veteran farmers, and ranchers will be increased by 15% of the calculated ERP payment.

To qualify for the higher payment percentage, eligible producers must have the following form on file with FSA:

  • Form CCC-860, Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification.
  1. Check Your Future Insurance Coverage

All producers who receive ERP phase one payments are statutorily required to purchase crop insurance, or NAP coverage where crop insurance is not available, for the next two available crop years, as determined by the Secretary.

Coverage requirements 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.

  1. Check Your bank

Once the completed ERP application for payment is submitted to and signed by FSA, producers who have direct deposit should look for payment within three business days.

More Information

We have additional resources, including:

In addition to ERP, FSA is also implementing the first phase of the new Emergency Livestock Relief Program. At this time, FSA has made more than $588 million in payments to impacted livestock producers.

Bottom line, we take your feedback seriously, and we wanted to deliver this relief as soon as possible. We learned from previous relief programs, and we’re excited to be getting this to you as swiftly as we can.


USDA Reminds Producers to File Crop Acreage Reports

Agricultural producers who have not yet completed their crop acreage reports after spring planting should make an appointment with their local County Farm Service Agency (FSA) before the applicable deadline.

An acreage report documents a crop grown on a farm or ranch and its intended uses. Filing an accurate and timely acreage report for all crops and land uses, including failed acreage and prevented planted acreage, can prevent the loss of benefits.

How to File a Report
July 15th, 2022 is the North Dakota Acreage Reporting Deadline for 2022 Crop Year spring planted crops and perennial forage crops.          

Service Center staff continue to work with agricultural producers via phone, email, and other digital tools. Because of the pandemic, some  USDA Service Centers are open to limited visitors. Contact the local County FSA office to set up an in-person or phone appointment.

To file a crop acreage report, you will need to provide:

  • Crop and crop type or variety.
  • Intended use of the crop.
  • Number of acres of the crop.
  • Map with approximate boundaries for the crop.
  • Planting date(s).
  • Planting pattern, when applicable.
  • Producer shares.
  • Irrigation practice(s).
  • Acreage prevented from planting, when applicable.
  • Other information as required.
  • Acreage Reporting Details

The following exceptions apply to acreage reporting dates:

  • If the crop has not been planted by the acreage reporting date, then the acreage must be reported no later than 15 calendar days after planting is completed.
  • If a producer acquires additional acreage after the acreage reporting date, then the acreage must be reported no later than 30 calendar days after purchase or acquiring the lease. Appropriate documentation must be provided to the county office.

Producers are Encouraged to Report Prevented Planting and Failed Acres

USDA Farm Service Agency (FSA) reminds you to report prevented planting and failed acres in order to establish or retain FSA program eligibility for some programs.

You should report crop acreage you intended to plant, but due to natural disaster, were prevented from planting. Prevented planting acreage must be reported on form CCC-576, Notice of Loss, no later than 15 calendar days after the final planting date as established by FSA and Risk Management Agency (RMA). Please note: If you reported your prevent plant timely to your insurance company, FSA will consider that as timely filed for FSA purposes but the CCC 576 must still be filed in your county office by July 15th.

If you’re unable to report the prevented planting acreage within the 15 calendar days following the final planting date, a late-filed report can be submitted. Late-filed reports will only be accepted if FSA conducts a farm visit to assess the eligible disaster condition that prevented the crop from being planted. A measurement service fee will be charged.

Additionally, if you have failed acres, you should also use form CCC-576, Notice of Loss, to report failed acres.

For hand-harvested crops and certain perishables, you 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. If you notify the County Office by any method other than by filing the CCC-576, you are still required to file a CCC-576, Notice of Loss, within the required 15 calendar days.

For losses on crops covered by the Non-Insured Crop Disaster Assistance Program (NAP), you must file a Notice of Loss within 15 days of the occurrence of the disaster or when losses become apparent. You must timely file a Notice of Loss for failed acres on all crops including grasses.

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


USDA to Allow Producers to Request Voluntary Termination of Conservation Reserve Program Contract

The U.S. Department of Agriculture (USDA) will allow Conservation Reserve Program (CRP) participants who are in the final year of their CRP contract to request voluntary termination of their CRP contract following the end of the primary nesting season for fiscal year 2022. Participants approved for this one-time, voluntary termination will not have to repay rental payments, a flexibility implemented this year to help mitigate the global food supply challenges caused by the Russian invasion of Ukraine and other factors. Today, USDA also announced additional flexibilities for the Environmental Quality Incentives Program (EQIP) and Conservation Stewardship Program (CSP).   

FSA is mailing letters to producers with expiring acres that detail this flexibility and share other options, such as re-enrolling sensitive acres in the CRP Continuous signup and considering growing organic crops. Producers will be asked to make the request for voluntary termination in writing through their local USDA Service Center.  

If approved for voluntary termination, preparations can occur after the conclusion of the primary nesting season. Producers will then be able to hay, graze, begin land preparation activities and plant a fall-seeded crop before October 1, 2022. For land in colder climates, this flexibility may allow for better establishment of a winter wheat crop or better prepare the land for spring planting.  

Organic Considerations 
Since CRP land typically does not have a recent history of pesticide or herbicide application, USDA is encouraging producers to consider organic production. USDA’s Natural Resources Conservation Service (NRCS) provides technical and financial assistance to help producers plan and implement conservation practices, including those that work well for organic operations, such as pest management and mulching. Meanwhile, FSA offers cost-share for certification costs and other fees. 

Other CRP Options 
Participants can also choose to enroll all or part of their expiring acres into the Continuous CRP signup for 2022. Important conservation benefits may still be achieved by re-enrolling sensitive acres such as buffers or wetlands. Expiring water quality practices such as filter strips, grass waterways, and riparian buffers may be eligible to be reenrolled under the Clean Lakes, Estuaries, and Rivers (CLEAR) and CLEAR 30 options under CRP. Additionally, expiring continuous CRP practices such as shelterbelts, field windbreaks, and other buffer practices may also be re-enrolled to provide benefits for organic farming operations.  

If producers are not planning to farm the land from their expiring CRP contract, the Transition Incentives Program (TIP) may also provide them two additional annual rental payments after their contract expires on the condition that they sell or rent their land to a beginning or veteran farmer or rancher or a member of a socially disadvantaged group. 

Producers interested in the Continuous CRP signup, CLEAR 30, or TIP should contact FSA by Aug. 5, 2022.   

NRCS Conservation Programs 
USDA also encourages producers to consider NRCS conservation programs, which help producers integrate conservation on croplands, grazing lands and other agricultural landscapes. EQIP and CSP can help producers plant cover crops, manage nutrients and improve irrigation and grazing systems. Additionally, the Agricultural Conservation Easement Program (ACEP), or state or private easement programs, may be such an option. In many cases, a combination of approaches can be taken on the same parcel.  For example, riparian areas or other sensitive parts of a parcel may be enrolled in continuous CRP and the remaining land that is returned to farming can participate in CSP or EQIP and may be eligible to receive additional ranking points. 

 Other Flexibilities to Support Conservation
Additionally, NRCS is also offering a new flexibility for EQIP and CSP participants who have cover cropping including in their existing contracts. NRCS will allow participants to either modify their plans to plant a cover crop (and instead shift to a conservation crop rotation) or delay their cover crop plans a year, without needing to terminate the existing contract. This will allow for flexibility to respond to market signals while still ensuring the conservation benefits through NRCS financial and technical assistance for participating producers. 

More Information 
Producers and landowners can learn more about these options by contacting FSA and NRCS at their 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 2022 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, 2023.

For more information, contact FSA at your local USDA Service Center. 


FSA Offers Drought Assistance for Livestock Producers Through Emergency Assistance for Livestock, Honey Bees and Farm-raised Fish Program (ELAP)

If you’ve suffered above normal expenses for hauling feed or water to livestock or hauling livestock to forage/grazing acres due to the impacts of drought, you may be eligible for financial assistance through the Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program (ELAP).

For eligible producers in qualifying counties, ELAP provides financial assistance for:

  • the transportation of water to livestock;
  • the above normal cost of mileage for transporting feed to livestock,
  • the above normal cost of transporting livestock to forage/grazing acres.*

*Hauling livestock one-way, one haul per animal reimbursement and no payment for “empty miles.”

Eligible livestock include cattle, buffalo, goats and sheep, among others, that are maintained for commercial use and located in a county where the qualifying drought conditions occur. A county must have had D2 severe drought intensity on the U.S. Drought Monitor for eight consecutive weeks during the normal grazing period, or D3 or D4 drought intensity at any time during the normal grazing period. Producers must have risk in both eligible livestock and eligible grazing land in an eligible county to qualify for ELAP assistance.

WATER TRANSPORTATION
For ELAP water transportation assistance, a producer must be transporting water to eligible livestock on eligible grazing land where the producer had adequate livestock watering systems or facilities in place before the drought occurred and where they do not normally require the transportation of water. Payments are for costs associated with personal labor, equipment, hired labor, equipment, and/or contracted water transportation fees. Cost of the water itself is not covered. The ELAP payment formula uses a national average price per gallon.

ABOVE NORMAL COSTS OF TRANSPORTING FEED
ELAP provides financial assistance to livestock producers who incur above normal expenses for transporting feed to livestock during drought. The payment formula excludes the first 25 miles and any mileage over 1,000 miles. The reimbursement rate is 60% of the costs above what would normally have been incurred during the same time period in a normal (non-drought) year. ABOVE NORMAL COSTS OF TRANSPORTING LIVESTOCK TO FORAGE/GRAZING ACRES

ELAP provides financial assistance to livestock producers who are hauling livestock to a new location for feed resources due to insufficient feed and/or grazing in drought-impacted areas. Assistance for Livestock transportation is retroactive to 2021 and available for 2022 and subsequent years. For those interested in this provision for 2021, the deadline to apply for assistance is June 30, 2022. Please contact your county FSA office for additional details.

For calendar year 2022 forward, producers must submit a notice of loss to your local FSA office within 30 calendar days of when the loss is apparent; producers should contact their county FSA office as soon as the loss of water resources or feed resources are known. For ELAP eligibility, documentation of expenses is critical. Producers should maintain records and receipts associated with the costs of transporting water to eligible livestock, the costs of transporting feed to eligible livestock, and the costs of transporting eligible livestock to forage/grazing acres.

ELAP also offers assistance to producers impacted by wildfire. Contact your county FSA office for more information on ELAP resources for wildfire losses. In addition, beekeepers also can benefit from ELAP provisions and should contact their county FSA office within 15 calendar days of when a loss occurs or from when the loss is apparent. For more information regarding ELAP, contact FSA at your local USDA Service Center


USDA Announces Updates for Honeybee Producers

The Farm Service Agency (FSA) announced updates to the Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish Program (ELAP) specific to honeybee producers. For honeybees, ELAP covers colony losses, honeybee hive losses (the physical structure) and honeybee feed losses in instances where the colony, hive or feed has been destroyed by a natural disaster or, in the case of colony losses, because of Colony Collapse Disorder. Colony losses must be in excess of normal mortality.

Updates include:

  • Starting in 2020, you have 15 days from when the loss is first apparent, instead of 30 days, to file a honeybee notice of loss, which provides consistency between ELAP and the Noninsured Crop Disaster Assistance Program, which also has a 15-day notice of loss period for honey.
  • ELAP will now run according to the calendar year. Since you are still required to apply for payment within 30 calendar days of the end of the program year, the new signup deadline for calendar year 2021 losses is January 30, 2022.
  • If you were paid for the loss of a honeybee colony or hive in either or both of the previous two years, you will be required to provide additional documentation to substantiate how your current year inventory was acquired.
  • If the honeybee colony loss was caused by Colony Collapse Disorder, you must provide a producer certification that the loss was a direct result of at least three of the five symptoms of Colony Collapse Disorder, which include:
  • the loss of live queen and/or drone bee populations inside the hives;
  • rapid decline of adult worker bee population outside the hives, leaving brood poorly or completely unattended;
  • absence of dead adult bees inside the hive and outside the entrance of the hive;
  • absence of robbing collapsed colonies; and
  • at the time of collapse, varroa mite and Nosema populations are not at levels known to cause economic injury or population decline.

For more information, contact FSA at your local USDA Service Center or visit farmers.gov/recover.


USDA Fruit, Vegetable and Wild Rice Planting Rules Unchanged in 2018 Farm Bill

Fruit, vegetable and wild rice producers will continue to follow the same rules for certain Farm Service Agency (FSA) programs.

If you intend to participate in the Agriculture Risk Coverage (ARC) or Price Loss Coverage (PLC) programs, you are subject to an acre-for-acre payment reduction when fruits and nuts, vegetables or wild rice are planted on payment acres of a farm. Payment reductions do not apply to mung beans, dry peas, lentils or chickpeas. Planting fruits, vegetables or wild rice on acres not considered payment acres will not result in a payment reduction.  Farms that are eligible to participate in ARC/PLC but are not enrolled for a particular year may plant unlimited fruits, vegetables and wild rice for that year but will not receive ARC/PLC payments. Eligibility for succeeding years is not affected.

Planting and harvesting fruits, vegetables and wild rice on ARC/PLC acreage is subject to the acre-for-acre payment reduction when those crops are planted on more than 15 percent of the base acres of an ARC enrolled farm using the county coverage or PLC, or more than 35 percent of the base acres of an ARC enrolled farm using the individual coverage.

Fruits, vegetables and wild rice that are planted in a double-cropping practice will not cause a payment reduction if the farm is in a double-cropping region as designated by the USDA’s Commodity Credit Corporation.


Commodity Loan Repayments

Outstanding commodity loans from crop year 2021 can be repaid at any time at principal plus interest. If the sales proceeds are needed to repay the loan, a marketing authorization (CCC-681-1) can be requested. The request can either be made in person or by telephone. The marketing authorization allows for the selection of a delivery period to the buyer of either 15 or 30 calendar days. Marketing Authorizations which are requested after loan maturity date are limited to a delivery period of 15 days.  All parties who signed the note are responsible for repaying the loan. If the buyer does not repay the loan as required by the marketing authorization, CCC will make demand for repayment on the producers who signed the note. Repayment of quantities delivered to the buyer are required within 15 days of the expiration date of the marketing authorization.


LDP Applications

LDP’s are available when the CCC-determined market repayment rate is below the commodity loan rate.

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.

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 2022 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 the only form 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. Producers are encouraged to file a CCC-633 EZ Page 1 for crop year 2022 when submitting annual report of acreage. 


Communication is Key in Lending

Farm Service Agency (FSA) is committed to providing our farm loan borrowers the tools necessary to be successful. FSA staff will provide guidance and counsel from the loan application process through the borrower’s graduation to commercial credit. While it is FSA’s commitment to advise borrowers as they identify goals and evaluate progress, it is crucial for borrowers to communicate with their farm loan staff when changes occur. It is the borrower’s responsibility to alert FSA to any of the following:

  • Any proposed or significant changes in the farming operation
  • Any significant changes to family income or expenses
  • The development of problem situations
  • Any losses or proposed significant changes in security

If a farm loan borrower can’t make payments to suppliers, other creditors, or FSA on time, contact your farm loan staff immediately to discuss loan servicing options.

For more information on FSA farm loan programs, contact your local USDA Service Center or visit fsa.usda.gov.


2021 ARC-IC – Farm Benchmark and Actual Yield Certification

Producers, who have a 2021 ARC-IC program contract on one or more FSA farms, must complete the certification of ARC-IC yields for each ARC-IC farm and each covered commodity planted in 2021 by not later than July 15, 2022.  

Production evidence that can be used to support the certified yields can be from the following sources:

  • Crop Insurance loss records                            ●          Sales records (buyer specific)
  • Crop Insurance APH data base records          ●          Farm stored production records, appraisals

ARC/PLC Acreage Maintenance

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


Reporting Organic Crops

If you want to use the Noninsured Crop Disaster Assistance Program (NAP) organic price and you select the "organic" option on your NAP application, you must report your crops as organic.

When certifying organic acres, the buffer zone acreage must be included in the organic acreage.

You must also provide a current organic plan, organic certificate or documentation from a certifying agent indicating an organic plan is in effect. Documentation must include:

  • name of certified individuals
  • address
  • telephone number
  • effective date of certification
  • certificate number
  • list of commodities certified
  • name and address of certifying agent
  • a map showing the specific location of each field of certified organic, including the buffer zone acreage

Certification exemptions are available for producers whose annual gross agricultural income from organic sales totals $5,000 or less. Although exempt growers are not required to provide a written certificate, they are still required to provide a map showing the specific location of each field of certified organic, transitional and buffer zone acreage.

For questions about reporting organic crops, contact your local County USDA Service Center.


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 2022 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.


June 2022 Loan and Interest Rates

Farm Operating Loans: Direct: 3.625%
Farm Ownership Loans: Direct: 3.750%
Farm Ownership Loans (Direct and Joint Financing): 2.500%
Farm Ownership Loans (Down Payment): 1.500%
Emergency Loans:  3.750%
Farm Storage Facility Loan, 3 year: 2.875%
Farm Storage Facility Loan, 5 year: 2.875%
Farm Storage Facility Loan, 7 year: 3.000%
Farm Storage Facility Loan, 10 year: 2.875%
Farm Storage Facility Loan, 12 year: 3.000%
Commodity Loans: 3.000%


North Dakota FSA eNews

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

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

State Executive Director: Marcy Svenningsen

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