North Dakota FSA eNews - September, 2023

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North Dakota FSA eNews - September, 2023

North Dakota FSA eNews


FSA State Executive Director- Monthly Message

At the end of September our Farm Bill expires. As of this writing, Congress has yet to pass a new Farm Bill or extend the current one. For North Dakota, the importance of a strong Farm Bill cannot be overemphasized. The impact to farmers and ranchers is profound but it goes beyond that – it provides support for businesses in our rural communities and keeps North Dakota on the map as a producer of 54 different ag commodities across our state. We also can’t forget the impact we have as we provide food, fuel and fiber to not only our fellow citizens but our global neighbors as well.

I recently ran the current ND Farm Bill numbers for an event I was going to be attending. I was surprised to see a total of $4.8B for the five years of the Farm Bill. The breakout for the four main areas is as follows:  Conservation – including all the various CRP program rental rates and cost share - $33.4M.  Income Support – including ARC, PLC and our organic programs - $708.4M.  Price Support – includes Farm Storage Facility Loans and Marketing Assistance and Facilitation Programs - $1.1B.  By far the largest area of funds is concentrated in our Disaster Programs, some permanent and some ad hoc – made up of over 22 different programs in the last five years, they totaled almost $3B that was paid to ND farmers and ranchers. Not included in the numbers above is the 60% plus portion of the crop insurance premium that is paid by the government. When you think about what agriculture in ND would look today without a Farm Bill – it really doesn’t bear contemplating.

Let’s look at the Farm Loan side of FSA. ND FSA has obligated $937M in direct and guaranteed loan funds in the last five years. Of that total, almost $453M was loaned to beginning farmers. That’s a big deal – beginning farmers don’t have the equity that it takes to withstand the kind of swings we see in markets and weather. It’s critical that we maintain a strong loan program so we can help these individuals get a start in agriculture – after all the average age of farmers isn’t dropping and we need to promote agriculture as an opportunity for them.

The next time you are having coffee with your neighbors at the elevator or a cold beverage at your local pub and someone speaks up and says, “I wish we could just get government out of agriculture”, I hope you speak up and remind them to be very careful what they wish for!  I hope your harvest is progressing and you are pleasantly surprised by your yields – I know we were as we’ve been combining our wheat. Take care and be safe!

Until next month,
- Marcy Svenningsen


USDA Reminds North Dakota Livestock Producers of Available Drought Assistance

USDA’s Farm Service Agency (FSA) reminds drought-impacted producers in North Dakota that they may be eligible for assistance through the Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program (ELAP)

For eligible livestock 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; and
  • the above normal cost of transporting livestock to forage/grazing acres.* *Hauling livestock both ways starting in 2023, one haul per animal reimbursement and no payment for “empty miles.”

Eligible livestock include cattle, bison, goats and sheep, among others, that are maintained for commercial use and located in a county where 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.

Transporting Water
Producers must be transporting water to eligible livestock on eligible grazing land where adequate livestock watering systems or facilities were in place before the drought occurred and where water transportation is not normally required. ELAP covers costs associated with personal labor, equipment, hired labor, and contracted water transportation fees. Cost of the water itself is not covered. ELAP covers $0.07 per gallon to transport water.

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 cost above what would normally would have been incurred during the same time period in a normal (non-drought) year.

Livestock feed that is transported to livestock located on land enrolled in the Conservation Reserve Program (CRP) is eligible if the producer has an approved conservation plan with acceptable grazing practices developed in coordination with the Natural Resources Conservation Service

The payment rate to transport feed is $6.60/ loaded mile for expenses above what would have normally been incurred.

Transporting Livestock
ELAP provides financial assistance to livestock producers who are hauling livestock to a new location for feed resources due to insufficient feed or grazing in drought-impacted areas. As with transporting feed, the payment formula for transporting livestock 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.

The payment rate to transport livestock is $6.60/loaded mile for expenses above what would have normally been incurred and covers hauling livestock one-way, one haul per animal reimbursement and no payment for “empty miles.”

An online tool is now available to help ranchers document and estimate payments to cover feed and livestock transportation costs caused by drought.

Reporting Losses
Producers should contact FSA as soon as the loss of water 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, the costs of additional feed purchases, and the costs of transporting eligible livestock to forage or other grazing acres.

More Information   
Producers interested in ELAP assistance can contact their local USDA Service Center to learn more or to apply for programs.  


USDA Updates Livestock Disaster Payment Rate to Assist Producers Hard-Hit by Heat and Humidity 

The USDA’s Farm Service Agency (FSA) announced today it is updating the  Livestock Indemnity Program (LIP) payment rate to support livestock producers in the Midwest who have lost cattle to the extreme heat and humidity experienced this summer. To help indemnify ranchers to reflect a trend towards higher cattle weights in feedlots, the 2023 LIP payment rate for beef calves over 800 pounds will increase from $1244 per head to $1618, an increase of $374.

LIP provides benefits to livestock owners and some contract growers for livestock deaths exceeding normal mortality from eligible adverse weather events, certain predation losses and reduced sales prices due to injury from an eligible loss. Indemnity payments are made at a rate of 75% of the prior year’s average fair market value of the livestock.

The updated LIP payment rate is effective immediately and will be applied retroactively starting Jan.1, 2023, for all eligible causes of loss including excessive heat, tornado, winter storms, and other qualifying adverse weather. Producers who have already received LIP payments for 2023 losses will receive an additional payment, if applicable, commensurate with this updated rate. For details on eligibility and payment rates, review the LIP fact sheet.

FSA recognizes that an annual update of LIP payment rates does not account for the volatile nature of livestock markets and is further exploring flexibilities to establish more current payment rates.   

More Information 
On farmers.govDisaster Assistance Discovery Tool, Disaster Assistance-at-a-Glance fact sheet, and Loan Assistance Tool can help producers and landowners determine program or loan options. For FSA and NRCS programs, they should contact their local USDA Service Center.


Disaster Assistance for 2023 Livestock Forage Losses

Producers in Some Counties are eligible to apply for 2023 Livestock Forage Disaster Program (LFP) benefits on certain forage lands.

LFP provides compensation if you suffer grazing losses for covered livestock due to drought on privately owned or cash leased land or fire on federally managed land.

County committees can only accept LFP applications after notification is received by the National Office of qualifying drought or if a federal agency prohibits producers from grazing normal permitted livestock on federally managed lands due to qualifying fire.  You must complete a CCC-853 and the required supporting documentation no later than January 30, 2024, for 2023 losses.

For additional information about LFP, including eligible livestock and fire criteria, contact your local USDA Service Center to learn more or to apply for programs.  


USDA Announces Milk Loss Assistance for Dairy Operations Impacted by 2020, 2021 and 2022 Disaster Events

Program Signup Begins Sept. 11, 2023

USDA announced Milk Loss Program (MLP) assistance for eligible dairy operations for milk that was dumped or removed, without compensation, from the commercial milk market due to qualifying weather events and the consequences of those weather events that inhibited delivery or storage of milk (e.g., power outages, impassable roads, infrastructure losses, etc.) during calendar years 2020, 2021 and 2022. Administered by the Farm Service Agency (FSA), signup for MLP begins Sept. 11 and runs through Oct. 16, 2023. 

Background   
On Dec. 29, 2022, President Biden signed into law the Extending Government Funding and Delivering Emergency Assistance Act (P.L. 117-43), providing $10 billion for crop losses, including milk losses due to qualifying disaster events that occurred in calendar years 2020 and 2021.  Additionally, the Disaster Relief Supplemental Appropriations Act, 2023 (Pub. L. 117-328) provides approximately $3 billion for disaster assistance for similar losses that occurred in calendar year 2022.   

Eligibility 
MLP compensates dairy operations for milk dumped or removed without compensation from the commercial milk market due to qualifying disaster events, including droughts, wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex), and smoke exposure that occurred in the 2020, 2021 and 2022 calendar years. Tornadoes are considered a qualifying disaster event for calendar year 2022 only.    

The milk loss claim period is each calendar month that milk was dumped or removed from the commercial market. Each MLP application covers the loss in a single calendar month.  Milk loss that occurs in more than one calendar month due to the same qualifying weather event requires a separate application for each month.   

The days that are eligible for assistance begin on the date the milk was removed or dumped and for concurrent days milk was removed or dumped. Once the dairy operation restarts milk marketing, the dairy operation is ineligible for assistance unless after restarting commercial milk marketing, additional milk is dumped due to the same qualifying disaster event. The duration of yearly claims is limited to 30 days per year for 2020, 2021 and 2022. 

How to Apply 
To apply for MLP, producers must submit: 

  • FSA-376, Milk Loss Program Application
  • Milk marketing statement from the:
    • Month prior to the month milk was removed or dumped.
    • Affected month.
  • Detailed written statement of milk removal circumstances, including the weather event type and geographic scope, what transportation limitations occurred and any information on what was done with the removed milk.
  • Any other information required by the regulation.

If not previously filed with FSA, applicants must also submit all the following items within 60 days of the MLP application deadline: 

  • 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).
  • 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 MLP producer and applicable affiliates.  

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

MLP Payment Calculation 
The final MLP payment is determined by factoring the MLP payment calculation by the applicable MLP payment percentage.  

The calculation for determining MLP payment is:  

  • ((Base period per cow average daily milk production x the number of milking cows in a claim period x the number of days milk was removed or dumped in a claim period) ÷ 100) x pay price per hundredweight (cwt.).

For MLP payment calculations, the milk loss base period is the first full month of production before the dumping or removal occurred. 

The MLP payment percentage will be 90% for underserved producers, including socially disadvantaged, beginning, limited resource, and veteran farmers and ranchers and 75% for all other producers.      

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 2022 program year.   

Adjusted Gross Income (AGI) limitations do not apply to MLP, however the payment limitation for MLP is determined by the person’s or legal entity’s average adjusted gross farm income (income derived from farming, ranching and forestry operations). Specifically, a person or legal entity, other than a joint venture or general partnership, cannot receive, directly or indirectly, more than $125,000 in payments under MLP if their average adjusted gross farm income is less than 75% of their average AGI or more than $250,000 if their adjusted gross farm income is at least 75% of their average AGI.  

More Information 
In other FSA dairy safety-net support, Dairy Margin Coverage (DMC) program payments have triggered every month, January through July, for producers who obtained coverage for the 2023 program year. July 2023’s income over feed margin of $3.52 per hundredweight (cwt.) is the lowest margin since DMC program benefits to dairy producers started in 2019. To date, FSA has paid more than $1 billion in DMC benefits to covered dairy producers for the 2023 program year.  

Additionally, FSA closed the Organic Dairy Marketing Assistance Program (ODMAP) application period on Aug. 11.

On farmers.gov, the Disaster Assistance Discovery ToolDisaster Assistance-at-a-Glance fact sheet and Loan Assistance Tool can help producers and landowners determine program or loan options. 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.


USDA Provides $5 Million in Second Round of Payments to Help Organic Dairy Producers Cover Increased Costs

FSA Begins its second round of funding for the Organic Dairy Marketing Assistance Program

The U.S. Department of Agriculture (USDA) is announcing a second round of payments for dairy producers through the Organic Dairy Marketing Assistance Program (ODMAP), providing an additional $5 million to help dairy producers mitigate market volatility, higher input and transportation costs, and unstable feed supply and prices that have created unique hardships in the organic dairy industry. USDA’s Farm Service Agency (FSA) has already paid out $15 million in the first round of payments for eligible producers, bringing total ODMAP payments to $20 million. Producers paid during the first round will automatically receive payment in the second round and no action is needed. 


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 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.


Is the Noninsured Crop Disaster Assistance Program Right for You?

Farmers and ranchers rely on crop insurance to protect themselves from disasters and unforeseen events, but not all crops are insurable through the USDA’s Risk Management Agency. The Farm Service Agency’s (FSA) Noninsured Crop Disaster Assistance Program (NAP) provides producers another option to obtain coverage against disaster for these crops. NAP provides financial assistance to producers of non-insurable crops impacted by natural disasters that result in lower yields, crop losses, or prevents crop planting.

Commercially produced crops and agricultural commodities for which crop insurance is not available are generally eligible for NAP. Eligible crops include those grown specifically for food, fiber, livestock consumption, biofuel or biobased products, or value loss crops such as aquaculture, Christmas trees, ornamental nursery, and others. Contact your local FSA office to see which crops are eligible in your state and county.

Eligible causes of loss include drought, freeze, hail, excessive moisture, excessive wind or hurricanes, earthquake and flood. These events must occur during the NAP policy coverage period, before or during harvest, and the disaster must directly affect the eligible crop. For guidance on causes of loss not listed, contact your local FSA county office.

Interested producers apply for NAP coverage using FSA form CCC-471, “Application for Coverage,” and pay the applicable service fee at the FSA office where their farm records are maintained. These must be filed by the application closing date, which varies by crop. Contact your local FSA office to verify application closing dates and ensure coverage for eligible NAP crops.

At the time of application, each producer acknowledges they have received the NAP Basic Provisions, which describes NAP requirements  for coverage. NAP participants must report crop acreage shortly after planting and provide verifiable or reliable crop production records when required by FSA.

Producers are required to pay service fees which vary depending on the number of crops and number of counties your operation is located in. The NAP service fee is the lesser of $325 per crop or $825 per producer per administrative county, not to exceed a total of $1,950 for a producer with farming interests in multiple counties. Premiums also apply when producers elect higher levels of coverage with a maximum premium of $15,750 per person or legal entity.

A producer’s certification on Form CCC-860 Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification may serve as an application for basic NAP coverage for all eligible crops beginning with crop year 2022.  These producers will have all NAP-related service fees for basic coverage waived, in addition to a 50 percent premium reduction if higher levels of coverage are elected.

For more detailed information on NAP, download the NAP Fact Sheet. To get started with NAP, we recommend you contact your local USDA service center.


USDA Announces New Steps to Enhance Organic Markets and Support Producers

The USDA is taking additional steps as part of its commitment to strengthen the market for domestically grown organic goods, and to support producers seeking organic certification. These funding opportunities are part of the U.S. Department of Agriculture’s (USDA) Organic Transition Initiative, launched in fall 2022, which is a suite of offerings to help existing organic farmers and those transitioning to organic production and processing. 

Consumer demand for organically produced goods surpassed $67 billion in 2022, and multi-year trends of strong growth in the sector provide market incentives for U.S. farmers across a broad range of products. However, through public comment and listening sessions USDA has heard that producers may be less willing to commit to the three-year transition to organic certification because of risks related to inadequate organic processing, storage, and handling capacity, cost barriers due to limited markets for rotational crops, a lack of certainty about market access, and insufficient supply of certain organic ingredients. The organic livestock and processed product markets depend heavily on imported agricultural products for feed grains and key ingredients. These are longstanding market issues that were brought into sharp focus due to the impacts of the pandemic and international conflicts in critical overseas organic supply regions, resulting in limitations on certain domestic organic products in the face of rising demand.

Cost Share for Organic Certification  
As part of USDA’s broader effort to support organic producers and in response to stakeholder feedback, this year the Farm Service Agency increased the cost share amount under the Organic Certification Cost Share Program (OCCSP), which helps organic producers cover organic certification costs, to the maximum amount allowed by statute.  

Specifically, FSA will cover up to 75% of costs associated with organic certification, up to $750 for crops, wild crops, livestock, processing/handling and state organic program fees (California only). OCCSP will cover costs incurred from Oct. 1, 2022, through Sept. 30, 2023.  

FSA begins accepting applications for OCCSP Monday, May 15. Applications are due Oct. 31, 2023. To apply, producers and handlers should contact the FSA at their local USDA Service Center. As part of completing the OCCSP application, producers and handlers will need to provide documentation of their organic certification and eligible expenses. Organic producers and handlers may also apply for OCCSP through participating state departments of agriculture.

FSA is also accepting applications from state departments of agriculture to administer OCCSP. FSA will post a synopsis of the funding opportunity on grants.gov and will send more information to all eligible state departments of agriculture. Additional details can be found on the OCCSP webpage.  More information about these initiatives and more can be found at farmers.gov/organic-transition-initiative.  


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. 


Linkage Requirements for Payments Received Under Phase 1 ERP

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.


Commodity Loan Repayments

Outstanding commodity loans from crop year 2022 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


Applying for FSA Direct Loans

FSA offers direct farm ownership and direct farm operating loans to producers who want to establish, maintain, or strengthen their farm or ranch. Direct loans are processed, approved and serviced by FSA loan officers.

Direct farm operating loans can be used to purchase livestock and feed, farm equipment, fuel, farm chemicals, insurance, and other costs including family living expenses. Operating loans can also be used to finance minor improvements or repairs to buildings and to refinance some farm-related debts, excluding real estate.

Direct farm ownership loans can be used to purchase farmland, enlarge an existing farm, construct and repair buildings, and to make farm improvements.

The maximum loan amount for direct farm ownership loans is $600,000 and the maximum loan amount for direct operating loans is $400,000 and a down payment is not required. Repayment terms vary depending on the type of loan, collateral and the producer's ability to repay the loan. Operating loans are normally repaid within seven years and farm ownership loans are not to exceed 40 years.

Please contact your local FSA office for more information or to apply for a direct farm ownership or operating loan.


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 a 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.


Before You Break Out New Ground, Ensure Your Farm Meets Conservation Compliance

The term “sodbusting” is used to identify the conversion of land from native vegetation to commodity crop production after December 23, 1985.  As part of the conservation provisions of the Food Security Act of 1985, if you’re proposing to produce agricultural commodities (crops that require annual tillage including one pass planting operations and sugar cane) on land that has been determined highly erodible and that has no crop history prior to December 23, 1985, that land must be farmed in accordance with a conservation plan or system that ensures no substantial increase in soil erosion.

Eligibility for many USDA programs requires compliance with a conservation plan or system on highly erodible land (HEL) used for the production of agricultural commodities. This includes Farm Service Agency (FSA) loan, disaster assistance, safety net, price support, and conservation programs; Natural Resources Conservation Service (NRCS) conservation programs; and Risk Management Agency (RMA) Federal crop insurance.

Before you clear or prepare areas not presently under production for crops that require annual tillage, you are required to file Form AD-1026 “Highly Erodible Land Conservation and Wetland Conservation Certification,” with FSA indicating the area to be brought into production. The notification will be referred to NRCS to determine if the field is considered highly erodible land. If the field is considered HEL, you are required to implement a conservation plan or system that limits the erosion to the tolerable soil loss (T) for the predominant HEL soil on those fields.

In addition, prior to removing trees or conducting any other land manipulations that may affect wetlands, remember to update form AD-1026, to ensure you remain in compliance with the wetland conservation provisions.

Prior to purchasing or renting new cropland acres, it is recommended that you check with your local USDA Service Center to ensure your activities will be in compliance with the highly erodible land and wetland conservation provisions.

For additional information on highly erodible land conservation and wetland conservation compliance, contact your local USDA Service Center.


Upcoming Calendar Deadlines

September 29, 2023: Deadline to apply for new Continuous CRP offers
September 30, 2023: Deadline for Emergency or Nonemergency Grazing of CRP
September 30, 2023: Deadline for 2024 Rye, Rhubarb, and Asparagus NAP Coverage
October 31, 2023: 2023 Organic Certification Cost Share Program (OCCSP) 
November 15, 2023: 2024 FSA Acreage Reporting Deadline for Fall-Seeded Small Grains
November 15, 2023: Aronia and June Berries NAP Coverage Deadline
November 15, 2023: HOPS NAP Coverage Deadline
December 1, 2023: Grapes NAP Coverage Deadline
December 31, 2023: Honey NAP Coverage Deadline
January 30, 2024: Deadline to apply for Livestock Forage Program in eligible counties.
January 30. 2024: Deadline to finalize Emergency Livestock Assistance Program applications.
February 29, 2024: Deadline to finalize Livestock Indemnity Program applications.


North Dakota FSA eNews

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

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

State Office Staff:
State Executive Director: Marcy Svenningsen
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


USDA is an equal opportunity provider, employer and lender. To file a complaint of discrimination, write: USDA, Office of the Assistant Secretary for Civil Rights, Office of Adjudication, 1400 Independence Ave., SW, Washington, DC 20250-9410 or call (866) 632-9992 (Toll-free Customer Service), (800) 877-8339 (Local or Federal relay), (866) 377-8642 (Relay voice users).