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Once again our season is changing in ND – no, we’re not done with the road construction season yet – but summer is slipping away into fall. In ND, that means small grain harvest is upon us. The yard at home is filled with two combines that are being shined up and gone over, headers are being pulled out of buildings, trucks are being given a final inspection, a tractor and grain cart stand ready – some days it’s hard to get to my garage with all the equipment in the way.
Unfortunately, the Drought Monitor for ND that previously showed portions under an Abnormally Dry (D0) and Moderate Drought (D1) status are now including some Severe Drought (D2) areas along the northern portion of the state. Counties that include D2 drought in their borders have become eligible for Emergency CRP Haying & Grazing. Please see the article in this newsletter on how to request permission for that practice. The southwest corner is still clear of drought.
I participated in a recent ND Ag Disaster call and it was reported that anthrax has shown up again – mainly due to dry conditions in some areas that allow grazing animals to ingest spores that will kill them with little or no symptoms observed. At the time of death, their blood is heavily laden with anthrax so it’s extremely important for ranchers to take every precaution to avoid skin contact with the contaminated carcass. If you suspect anthrax, you will need to have a vet collect a sample to confirm. Ideally, the animal should be cremated – that will destroy the spores but if that isn’t possible, burying the animal as deep as possible is the next best choice. Many times, more than one animal is infected in a pasture contaminated with anthrax. Since anthrax is a covered loss under the LIP program, keep the documentation of a positive test for anthrax and take pictures to verify the loss. Remember, for all LIP losses, beginning inventory numbers are required so good cow/calf records are an asset for a rancher’s operation. For more information, contact your county office, NDSU extension agent or your local veterinarian.
Speaking of the drought monitor, I have had some calls from producers who don’t believe that it is accurately reflecting how severe the drought is in their area. The good news is that you can make a difference on this issue! I highly encourage you to become an Observer and report conditions in your area. Additional information and a link to report actual conditions in your area can be found at Reporting Drought Impacts in North Dakota with Condition Monitoring Observer Reports | NDSU Agriculture. Please remember that FSA staff do not have any control over the drought monitor.
Thanks very much for keeping your appointments and bringing in your data to assist the county office in completing your acreage reports. I know most counties have registers they were working on for ERP2, PARP and acreage reports so they are still busy getting those finished up. Farm loan applications continue to come in and loan staff are working on completing their farm visits. Never a dull moment in our offices!
Finally, as we move into a hectic harvest season – please be safe! Don’t cut corners to save time – a preventable accident is the last thing anyone wants to deal with. Many producers have people working for them – please set the good example by talking about and practicing good safety habits.
Until next month,
- Marcy Svenningsen
Are drought conditions affecting your agricultural operation? The U.S. Drought Monitor (USDM) is a resource producers can use to help determine how to best respond and react to a drought as it develops or lingers.
The USDM is an online, weekly map showing the location, extent, and severity of drought across the United States. It categorizes the entire country as being in one of six levels of drought. The map is released on Thursdays and depicts conditions for the week.
The USDM provides producers with the latest information about drought conditions where they live, enabling producers to best respond and react to a drought as it develops or lingers. In some cases, the USDM may help a producer make specific decisions about their operation, such as reducing the stocking rate because forage is not growing. For others, it may provide a convenient big-picture snapshot of broader environmental conditions.
The USDM incorporates varying data – rain, snow, temperature, streamflow, reservoir levels, soil moisture, and more – as well as first-hand information submitted from on-the-ground sources such as photos, descriptions, and experiences. The levels of drought are connected to the frequency of occurrence across several different drought indicators. What makes the USDM unique is that it is not a strictly numeric product. The mapmakers rely on their judgment and a nationwide network of 450-plus experts to interpret conditions for each region. They synthesize their discussion and analysis into a single depiction of drought for the entire country.
USDA uses the Drought Monitor to determine a producer’s eligibility for certain drought assistance programs, like the Livestock Forage Disaster Program and Emergency Haying or Grazing on Conservation Reserve Program acres.
Additionally, the Farm Service Agency uses the Drought Monitor to trigger and “fast track” Secretarial Disaster Designations which then provides producers impacted by drought access to emergency loans that can assist with credit needs.
Learn more about the U.S. Drought Monitor.
Agricultural producers impacted by drought can now request haying and grazing on Conservation Reserve Program (CRP) acres in 27 North Dakota counties, while still receiving their full rental payment for the land. Those 27 counties include: Benson, Bottineau, Burke, Burleigh, Cavalier, Divide, Eddy, Kidder, Logan, McHenry, McIntosh, McLean, Mountrail, Nelson, Pembina, Pierce, Ramsey, Renville, Richland, Rolette, Sargent, Sheridan, Towner, Walsh, Ward, Wells, Williams.
Outside of the primary nesting season, emergency haying and grazing of CRP acres may be authorized to provide relief to livestock producers in areas affected by a severe drought or similar natural disaster. The primary nesting season for North Dakota ended August 1st. Counties are approved for emergency haying and grazing due to drought conditions on a county-by-county basis when a county is designated as level “D2 Drought - Severe” according to the U.S. Drought Monitor. FSA provides a weekly, online update of eligible counties.
Producers can use the CRP acreage under the emergency grazing provisions for their livestock or may grant another livestock producer use of the CRP acreage.
Producers interested in emergency haying or grazing of CRP acres must notify their FSA county office before starting any activities. This includes producers accessing CRP acres held by someone else. To maintain contract compliance, producers must have their conservation plan modified by USDA’s Natural Resources Conservation Service.
Emergency CRP Haying and Grazing Option
CRP emergency haying and grazing is available in eligible counties as long as stand condition can support grazing and a modified conservation plan is in place. In eligible counties, hay may be cut once each program year (Oct. 1-Sept. 30). According to an approved conservation plan, haying must conclude prior to Aug. 31 to allow time for regrowth prior to winter conditions.
CRP emergency grazing is available in eligible counties as long as it does not exceed 90 days each program year (Oct. 1-Sept. 30) and must stop when the minimum grazing height is reached, as established within the modified CRP conservation plan or when the county is no longer eligible for emergency haying and grazing.
Non-Emergency CRP Haying and Grazing Option
For producers not in an eligible county, there are options available under non-emergency haying and grazing provisions outside of the primary nesting season, including:
- Haying of all CRP practices, except for CP12 Wildlife Food Plots and several tree practices not more than once every three years for a 25% payment reduction. For non-emergency haying requests, 25% of the requested acreage must be left unhayed.
- Grazing of CRP acres not more than every other year for a 25% payment reduction.
Livestock Forage Disaster Program Provisions If the Livestock Forage Disaster Program (LFP) triggers in a county for 2023 grazing losses due to drought, the provisions for CRP emergency haying and grazing change. There may be restrictions on grazing carrying capacity and which CRP practices can be hayed. North Dakota currently has zero counties where LFP has triggered and where certain CRP emergency grazing and haying restrictions might apply. Additional Drought Assistance
Other drought assistance programs are available for livestock producers. Producers who experience livestock deaths and feed losses due to natural disasters may be eligible for the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program. This program also provides eligible producers with compensation for feed losses as well as water hauling expenses and above normal expenses for hauling feed to livestock and hauling livestock to forage or other grazing acres.
Additional disaster assistance information can be found on farmers.gov, including the farmers.gov Drought Webpage, Disaster Assistance Discovery Tool, Disaster-at-a-Glance fact sheet, and Loan Assistance Tool.
For assistance with a crop insurance claim, producers and landowners should contact their crop insurance agent. For FSA and NRCS programs, they should contact their local USDA Service Center.
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 2023 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
USDA has established normal mortality rates for each type and weight range of eligible livestock, i.e. Adult Beef Cow = 1.6% and Non-Adult Beef Cattle (less than 400 pounds) = 5%. These established percentages reflect losses that are considered expected or typical under “normal” conditions.
In addition to filing a notice of loss, you must also submit an application for payment by March 1, 2024.
Keeping Livestock Inventory Records
Livestock inventory records are necessary in the event of a natural disaster, so remember to keep them updated.
When disasters strike, the USDA Farm Service Agency (FSA) can help you if you’ve suffered excessive livestock death losses and grazing or feed losses due to eligible natural disasters.
To participate in livestock disaster assistance programs, you’ll be required to provide verifiable documentation of death losses resulting from an eligible adverse weather event and must submit a notice of loss to your local FSA office within 30 calendar days of when the loss of livestock is apparent. For grazing or feed losses, you must submit a notice of loss to your local FSA office within 30 calendar days of when the loss is apparent and should maintain documentation and receipts.
You should record all pertinent information regarding livestock inventory records including:
- Documentation of the number, kind, type, and weight range of livestock
- Beginning inventory supported by birth recordings or purchase receipts.
For more information on documentation requirements, contact your local County USDA Service Center or visit fsa.usda.gov.
The U.S. Department of Agriculture (USDA) announced the opening of the financial assistance application process for eligible farmers, ranchers, and forest landowners who experienced discrimination in USDA farm lending programs prior to January 2021. Section 22007 of the Inflation Reduction Act (IRA) directs USDA to provide this assistance. Since the law's passage, USDA has worked diligently to design the program in accordance with significant stakeholder input.
The program website, 22007apply.gov, is now open. The website includes an English- and Spanish-language application that applicants can download or submit via an e-filing portal, information on how to obtain technical assistance in-person or virtually, and additional resources and details about the program.
Farmers, ranchers, and forest landowners who experienced discrimination by USDA in its farm loan programs prior to January 1, 2021 and/or are currently debtors with assigned or assumed USDA farm loan debt that was the subject of USDA discrimination that occurred prior to January 1, 2021, are eligible for this program.
To apply, borrowers have the option to apply via the e-filing portal at 22007apply.gov or submit paper-based forms via mail or in-person delivery to the program's local offices. The application process will be open from July 7 to October 31, 2023. Under the planned timeline, applications will be reviewed in November and December, with payments reaching recipients soon thereafter. Importantly, applicants should know that the application process is not on a first come, first served, basis. All applications received or postmarked before the October 31 deadline will be considered.
To support producers throughout the application process, USDA is ensuring that organizations with extensive experience conducting outreach to farm organizations are able to support individuals who may be eligible for the program. These groups include AgrAbility, Farmer Veteran Coalition, Farmers' Legal Action Group, Federation of Southern Cooperatives, Intertribal Agriculture Council, Land Loss Prevention Program, National Young Farmers Coalition, and Rural Coalition.
Vendors operating four regional hubs are also providing technical assistance and working closely with these and other community-based organizations to conduct outreach using digital and grassroots strategies, to ensure potential applicants are informed about the program and have the opportunity to apply. These hubs are operating a network of brick-and-mortar program offices and will conduct extensive outreach about the program. Windsor Group serves farmers in the eastern regions of the U.S. and Analytic Acquisitions serves the western regions. A national administrator, Midtown Group, is responsible for program oversight and integrity, and will lead a national call-center, operate the application website - 22007apply.gov, which is now open – and review and process applications and payments. All vendors have experience in professional services, supporting government contracts, and complex program operations.
On March 1, 2023, USDA shared initial details on how the Section 22007 program will work, including that the Inflation Reduction Act specifies the Secretary of Agriculture is responsible for providing this assistance through qualified nongovernmental entities, under standards set by USDA. USDA entered into agreements with vendors and cooperators in May.
In addition to the Discrimination Financial Assistance Program (DFAP) opening today, the Inflation Reduction Act also created several other programs that are helping USDA rebuild trust, address systemic issues and improve service to people who may have been underserved by USDA in the past. Information about USDA's equity agenda and progress is available at www.usda.gov/equity.
In standing up this program, USDA has become aware of some lawyers and groups spreading misleading information about the discrimination assistance process, pressuring people to sign retainer agreements, and asking people to fill out forms with private and sensitive information. As of today, the official application process has begun and filling out an application is free.
No attorneys' fees will be paid to applicants or their counsel by USDA or by any other agency or department of the United States. The amount of financial assistance will not be increased for those claimants who are represented by an attorney. Applicants are not required to retain an attorney. USDA, the national administrator, and the regional hub vendors will neither recommend that any applicant retain counsel or retain a specific attorney or law firm, nor discourage an applicant from obtaining counsel or using a specific attorney or law firm. For more information, read our fact sheet about the program timeline and ways to protect against possible scams.
The U.S. Department of Agriculture (USDA) is accepting offers for nearly 2.7 million acres from agricultural producers and private landowners through this year's Conservation Reserve Program (CRP) Grassland signup. This program allows producers and landowners to continue grazing and haying practices while protecting grasslands and further CRP conservation efforts. Grassland CRP is part of the Biden-Harris administration's broader effort to address climate change and conserve natural resources.
Additionally, USDA has accepted more than 1 million acres through the General CRP signup, and more than 465,800 acres have been submitted through the Continuous CRP signup so far this year.
Top states include:
- Colorado, 430,899 acres;
- Nebraska, 417,865 acres; and
- South Dakota, 325,443 acres.
Grassland CRP leverages working lands practices to improve biodiversity and conserve environmentally sensitive land. To target conservation in key geographies, USDA prioritizes land within two National Priority Zones: the Greater Yellowstone Ecosystem, and the Dust Bowl area. FSA accepted more than 911,000 acres in these two zones. Land enrolled in these zones will contribute to broader USDA conservation efforts through Working Lands for Wildlife by conserving working grasslands and other lands that underpin iconic big game migrations.
Grasslands enrolled in CRP help sequester carbon in vegetation and soil, while enhancing resilience to drought and wildfire. Meanwhile, producers can still conduct common grazing practices, such as haying, mowing or harvesting seed from the enrolled land, which supports agricultural production.
Broadening Reach of Program
As part of the Agency's Justice40 efforts, producers and landowners who are historically underserved, including beginning farmers, limited-resource producers, and military veterans, received 20 additional ranking points to enhance their offers. From more than 6,400 underserved producers, USDA accepted offers of more than 1.8 million acres, about 74% of those who submitted applications. Additionally, USDA is working to broaden the scope and reach of Grassland CRP by leveraging the Conservation Reserve Enhancement Program (CREP) to engage underserved communities. CREP is a partnership program that enables states, Tribal governments, and non-profit entities to partner with FSA to implement CRP practices and address high priority conservation and environmental objectives. Interested entities are encouraged to contact FSA.
More Information
Producers can still make an offer to participate in CRP through the Continuous CRP signup, which is ongoing, by contacting FSA at their local USDA Service Center.
New operators or owners who pick up a farm after the acreage reporting deadline has passed and the crop has already been reported on the farm, have 30 days to change the intended use. Producer share interest changes alone will not allow for revisions to intended use after the acreage reporting date. The revision must be performed by either the acreage reporting date or within 30 calendar days from the date when the new operator or owner acquired the lease on land, control of the land or ownership and new producer crop share interest in the previously reported crop acreage. Under this policy, appropriate documentation must be provided to the County Committee’s satisfaction to determine that a legitimate operator or ownership and producer crop share interest change occurred to permit the revision.
The deadline for timely filing an acreage report in North Dakota for spring-seeded crops for the 2023 program year was July 17, 2023. Acreage reports must be filed for all cropland on the farm before any 2023 ARC/PLC payments can be made or before eligibility can be established for marketing assistance loans and LDP’s. Additionally, participants of the Conservation Reserve Program (CRP), the Non-insured Assistance Program (NAP) and other disaster programs such as Livestock Forage Program (LFP) or the Emergency Assistance for Livestock, Honeybees, and Farm-raised Fish Program (ELAP) must report the specific acreage for which benefits are being requested. Although the reporting deadline has passed, County Offices will accept late-filed acreage reports providing certain criteria are met. Contact your local county office for additional information relative to late-filed acreage reports. FSA will not accept acreage reports provided more than a year after the acreage reporting deadline.
USDA’s Commodity Credit Corporation makes available nonrecourse marketing assistance loans on certain crop year 2023 commodities. These loans can be requested via mail, fax, email or by calling the office to make an appointment to complete a loan application (CCC-666). Loan applications are available at all county FSA offices and online at: https://forms.sc.egov.usda.gov/eForms/welcomeAction.do?Home
A commodity loan application must be filed at the county office that maintains the farm records for the farm that produced the commodity for the loan. The 2023 crop commodity loan rates are available at any county FSA office, or online at: http://www.fsa.usda.gov and clicking on the “Price Support” link.
Lien searches are required for all applicants and spouses in order to identify prior lien holders. County Offices update CCC-10’s by verifying an individual’s name according to their driver’s license. Lien waivers are required from all lien holders before the commodity loan can be disbursed.
To be eligible for loan the commodity must meet the applicable commodity definition in the Official United States Standards and specific commodity eligibility requirements for a nonrecourse loan. Test weight and moisture levels can impact the eligibility for nonrecourse loans. If there are known quality problems producers should contact their local county FSA office to discuss available loan options.
Farm-stored loans are available in approved storage structures that provide safe storage for the commodity through the maturity date of the loan.
Warehouse-stored loans are also available at CCC-approved storage warehouses or State licensed warehouses which have been assigned a CCC warehouse code. Proof of storage paid through the loan maturity date and proof of payment of in-charges must be provided with the warehouse receipt for the warehouse stored loan. CCC will not adjust the loan rate using premiums and discounts at the time of loan making. However, loan rates will be adjusted if the loan is forfeited to CCC at maturity.
Producers requesting commodity loans are required to maintain beneficial interest in the commodity tendered for loan. 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.
Loans mature on demand, but no later than the last day of the ninth calendar month after the month in which the loan is disbursed.
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.
If you received a payment under the Emergency Relief Program (ERP) for crop production losses occurring in 2020, 2021, or 2022 calendar years due to qualifying events occurring in calendar years 2020 or 2021, you are required to purchase crop insurance or NAP, as may be applicable for the crop, at a coverage level equal to or greater than 60 percent for insurable crops (60/100); or at the catastrophic level (50/55) or higher for NAP crops, for the next two available crop years. You can determine if crops are eligible for federal crop insurance or NAP by visiting the RMA website.
The next two available crop years are determined from the date you received your ERP payment. Example: Producer G received ERP benefits for 2021 rye losses and received an ERP payment in June of 2022. The sales closing date to purchase insurance for the 2023 crop year is September 30, 2022. Based on the date Producer G received ERP benefits, and the sales closing date for the crop, the next 2 available crop years for Producer G are 2023 and 2024.
The coverage requirement is applicable to the crop and the specific physical location of that crop. Please refer to your ERP application (FSA-520) to identify crops for which you received an ERP payment. Questions about physical location can be directed to your local county FSA office.
Failure to meet the linkage requirement will require you to refund ERP payments received on the applicable crop(s), plus interest.
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.
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 2023 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.
August 31, 2023: Deadline for Emergency or Nonemergency Haying of CRP
September 1, 2023: Deadline to Pay DMC Premium
September 3, 2023: USDA Offices closed for the Labor Day Observance
September 29, 2023: Deadline to apply for new Continuous CRP offers
September 30, 2023: Deadline for Emergency or Nonemergency Grazing of CRP
Farm Operating Loans, Direct: 4.875%
Farm Ownership Loans, Down Payment: 1.500%
Farm Ownership – Joint Financing: 3.000%
Emergency Loans: 3.750%
Farm Storage Facility Loan, 3 year: 4.375%
Farm Storage Facility Loan, 5 year: 4.125%
Farm Storage Facility Loan, 7 year: 4.000%
Farm Storage Facility Loan, 10 year: 3.875%
Farm Storage Facility Loan, 12 year: 3.875%
Commodity Loans: 6.375%
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