Pennsylvania State Newsletter - November 2023

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Pennsylvania FSA Newsletter  -  November 30, 2023
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From the State Executive Director

Photo of SED Secord

In November we pause and honor Veterans.  I am always and ever grateful to those who have served in the military. In Pennsylvania we have roughly 7,000 farmers that have also contributed military service, and more within their farm families. There are many Farm Service Agency (FSA) staff members who are also veterans. Thank you for your service.

I hope that your Thanksgiving holiday celebration with family and friends was filled with bounty and joy! We are thankful to all our Pennsylvania producers who provide the food that we will enjoy throughout the holiday seasons.  I also want to voice my gratitude to our Pennsylvania FSA employees. They work every day to deliver programs and services to current and potential new customers, supporting and growing the agriculture industry in our state. I hope you share the same sentiment for the services and help that our County Office staff provide to YOU!  I also want to thank our County Committee (COC) members who serve every FSA county office in Pennsylvania. The committee members are producers themselves, who are elected to their positions by the farmers they serve. The knowledge and talent our County and State office teams bring to serving the producers and landowners across Pennsylvania is remarkable. We are successful in our pursuits because of the dedicated team we have at Pennsylvania FSA.

We are excited to announce the placement of County Executive Directors (CED) in counties across the state including Butler, Westmoreland, Northampton, Tioga, and Dauphin. This is a huge accomplishment, and we are excited to provide skilled, trained leaders to the agricultural community.

Over the past month I was able to visit with producers in Lancaster, Carbon, and Allegheny Counties. Having the opportunity to meet farmers on their land and seeing their operations has given me a much better sense of how our programs are working on the ground, the barriers our producers are experiencing, as well as listening deeply to fresh and creative ideas from producers themselves. Spending time in the field always clarifies and reminds me about the mission and vision of our work. When hard leadership decisions come up while I am in the Harrisburg office, I put myself in the shoes of the producers I have met and try to balance that within the “confines” of our programs. I believe being a producer myself has provided me the integrity needed to be effective in my role as your State Executive Director.

In the coming months I look forward to visiting with more producers at events like the Pennsylvania Farm Show, Keystone Farm Show, Mid Atlantic Fruit and Vegetable Conference and the Pasa Sustainable Ag Conference. I am very passionate about the work we do, and I hope to see you there.  I look forward to hearing about important topics including hurdles and challenges, how to attract young people to agriculture, access to land and capital, and successes and triumphs.

Wishing you a warm holiday season.

From our farm gate to yours-

Heidi Secord


Deadline Is Dec. 4 for FSA County Committee Votes to be Returned or Postmarked

County committee members are an important component of the operations of FSA and provide a link between the agricultural community and USDA. Farmers and ranchers elected to county committees help deliver FSA programs at the local level, applying their knowledge and judgment to make decisions on commodity price support programs; conservation programs; incentive, indemnity and disaster programs for some commodities; emergency programs and eligibility. FSA committees operate within official regulations designed to carry out federal laws.

To be an eligible voter, farmers and ranchers must:

  • Be of legal voting age or, if not of legal voting age, supervise and conduct the farming operation of an entire farm.
  • Have an interest in a farm or ranch as either:
    • An individual who meets one or more of the following:
      • Is eligible and capable to vote in one’s own right.
      • Is a partner of a general partnership.
      • Is a member of a joint venture.
      • Is an authorized representative of a legal entity.
    • Participates or cooperates in any FSA program that is provided by law. A cooperating producer is someone who has provided information to FSA about their farming or ranching operation(s) but may not have applied or received program benefits.

Eligible voters, in Local Administrative Areas that are up for election, who do not receive a
ballot can obtain one from their local FSA county office. Customers can identify which LAA
they or their farming operation is in by using the GIS locator tool available at
fsa.usda.gov/elections.

Newly elected committee members will take office Jan. 1, 2024.
More information on county committees can be found at fsa.usda.gov/elections or by
contacting the County FSA office.


USDA Makes Producer-Friendly Change to 2023 Notice of Loss Requirements for Two Livestock Disaster Assistance Programs

USDA waives certain notice of loss requirements.

The U.S. Department of Agriculture (USDA) has waived certain notice of loss requirements for 2023 for the Emergency Assistance for Livestock, Honeybees, and Farm-raised Fish (ELAP) and Livestock Indemnity Program (LIP). In an effort to streamline assistance to support access to critical 2023 natural disaster recovery assistance, USDA’s Farm Service Agency (FSA) is waiving the requirement to submit ELAP or LIP notices of loss within a pre-determined number of days for 2023. Instead, producers have the flexibility to submit 2023 notices of loss as soon as possible, once losses are realized, following a natural disaster event or no later than the established annual program application for payment deadlines for each program. FSA county committees are also being asked to re-evaluate 2023 ELAP and LIP late-filed notices of loss to determine if the waiver applies.  

Emergency Assistance for Livestock, Honeybees, and Farm-raised Fish 

ELAP provides recovery assistance to eligible producers of livestock, honeybee, and farm-raised fish losses due to an eligible adverse weather or loss condition, including blizzards, disease, water shortages and wildfires. ELAP covers grazing and feed losses, transportation of water and feed to livestock and hauling livestock to grazing acres. ELAP also covers certain mortality losses for livestock including honeybees and farm-raised fish as well as honeybee hive losses. ELAP is designed to address losses not covered by other FSA disaster assistance programs.  

For 2023, FSA is waiving the regulatory requirement for producers who are eligible for ELAP to file a notice of loss with FSA within 30 calendar days from when the loss first became apparent for livestock and farm-raised fish and 15 calendar days for honeybees. Under this waiver, notices of loss are to be completed by the eligible producer and submitted to FSA no later than the annual program application deadline of January 30 following the program year in which the loss occurred. Therefore, producers who incurred ELAP-eligible losses in 2023, will need to submit a notice of loss by Jan. 30, 2024. 

Livestock Indemnity Program 

LIP provides disaster recovery assistance to livestock owners and contract growers who experience livestock deaths, in excess of normal mortality caused by eligible loss conditions including adverse weather, disease and attacks by animals reintroduced into the wild by the federal government or protected by federal law, including wolves and avian predators. LIP also helps livestock owners who must sell livestock at a reduced price because of an injury from certain loss conditions. 

For 2023, FSA is waiving the regulatory requirement for producers who are eligible for LIP to file a notice of loss within 30 calendar days from when the loss first became apparent. Under this waiver, producers are still required to complete and submit the notice of loss to FSA no later than the annual program payment application date, which is 60 calendar days following the program year in which the loss occurred. The LIP payment application and notice of loss deadline is Feb. 29, 2024, for the 2023 program year.  

2023 Disapproved Applications 

FSA county committees will review all notices of loss for both ELAP and LIP that were previously disapproved for the 2023 program year due to late filing and re-evaluate them to determine if the waiver applies. To receive ELAP and LIP benefits, producers will still need to file an application for payment by the established program deadline for the 2023 program year. Producers who are unsure about the status of their notice of loss or application for payment, should contact their local FSA county office as soon as possible. 

Supporting Documentation 

Accurate records and loss documentation are critical following disaster events and are required when filing notices of loss with FSA. Acceptable loss documentation includes:  

  • Documentation of the number, kind, type, and weight range of livestock that have died, supplemented, if possible, by photographs or video records of ownership and losses. 
  • Rendering truck receipts by kind, type, and weight - important to document prior to disposal. 
  • Beginning inventory supported by birth recordings or purchase receipts. 
  • Documentation from Animal Plant Health Inspection Service, Department of Natural Resources, or other sources to substantiate eligible death losses due to an eligible loss condition. 
  • Documentation that livestock were removed from grazing pastures due to an eligible adverse weather or loss condition. 
  • Costs of transporting livestock feed to eligible livestock, such as receipts for equipment rental fees for hay lifts and snow removal. 
  • Feed purchase receipts if feed supplies or grazing pastures are destroyed.
  • Number of gallons of water transported to livestock due to water shortages.

More Information 

The improvements to ELAP and LIP build on others made since 2021. This includes ELAP benefits for above normal costs for hauling feed and water to livestock and transporting livestock to other grazing acres during a qualifying drought. FSA also expanded eligible livestock under ELAP, LIP, and the Livestock Forage Disaster Assistance Program, and increased the LIP payment rate for beef, beefalo, bison, and dairy animals less than 250 pounds and most recently beef calves over 800 pounds. Learn about USDA disaster assistance programs on farmers.gov.  

On farmers.gov, the Disaster Assistance Discovery Tool, Disaster-at-a-Glance fact sheet and Loan Assistance Tool can help producers and landowners determine disaster protection and recovery program or loan options. For more information about FSA programs, contact your local USDA Service Center


Sign-up Ongoing at FSA Offices for Emergency Relief Program 2022

Farm Service Agency is accepting applications for the Emergency Relief Program (ERP)
2022, a program designed to provide more than $3 billion to commodity and specialty crop
producers impacted by natural disaster events in 2022.

ERP 2022 covers losses to crops, trees, bushes and vines due to qualifying, calendar
year 2022 natural disaster events including wildfires, hurricanes, floods, derechos,
excessive heat, tornadoes, winter storms, freeze (including a polar vortex), smoke
exposure, excessive moisture, qualifying drought and related conditions.

ERP 2022 program benefits are being delivered to eligible producers through a two-track
process. It’s important to note that disaster-impacted producers may be eligible for ERP
2022 assistance under one or both tracks. To avoid duplicative benefits, if a producer
applies for both tracks, the Track 2 payment calculation will take into account any
payments received through Track 1.

ERP 2022 Application Process – Track 1
ERP 2022 Track 1 leverages existing federal crop insurance or Noninsured Crop Disaster
Assistance Program (NAP) data as the basis for calculating payments for eligible crop
producers who received indemnities through these risk management programs. FSA is
sending pre-filled ERP 2022 Track 1 application forms to producers who have crop
insurance and NAP data already on file with USDA. Receipt of a pre-filled application is
not confirmation that a producer is eligible to receive an ERP 2022 Track 1 payment, and
those who received a pre-filled application must still apply for the assistance.

ERP 2022 Application Process – Track 2
Track 2 is a revenue-based certification program designed to assist eligible producers who
suffered an eligible decrease in revenue resulting from 2022 calendar year disaster events
when compared with revenue in a benchmark year using revenue information that is
readily available from most tax records. In cases where revenue does not reasonably
reflect a normal year’s revenue, Track 2 provides an alternative method for establishing
revenue. Likewise, Track 2 affords producers of crops that are used within an operation
and do not generate revenue from the sale of the crop a method for establishing revenue
for the purpose of applying for ERP 2022 benefits. Producers are not required to submit
tax records to FSA unless requested by the County Committee if required for an FSA
compliance spot check.

Although not required when applying for ERP 2022 Track 2, applicants might find useful to
the application process a schedule F (Form 1040) or Profit or Loss from Farming or similar
tax documents for tax years 2018, 2019, 2022 and 2023.

Track 2 targets gaps in emergency relief assistance for eligible producers whose eligible
losses were not covered by crop insurance or NAP including revenue losses too small
(shallow loss) to be covered by crop insurance.

Producers interested in applying for ERP 2022 Track 2, should contact their local FSA
county office. Additional reference resources can be found on FSA’s emergency relief
website.

More Information
The ERP 2022 application deadline has not yet been determined and will be announced at a later date.

ERP 2022 eligibility details and payment calculation factor tables are available on the
emergency relief website, in the ERP Track 1 and ERP Track 2 fact sheets and through
your local FSA county office.


FSA Reminds Direct Loan Borrowers of Assistance Options

Requests for Cash Flow-Based or Extraordinary Measures Assistance Must Be Received by December 31, 2023

USDA’s Farm Service Agency (FSA) continues to accept and review individual assistance requests from: (1) direct Farm Loan Programs (FLP) borrowers who missed a recent installment or are unable to make their next scheduled installment, and (2) borrowers who took certain extraordinary measures to avoid delinquency on their direct FLP loans.  

FSA direct loan borrowers with qualifying FLP loans who are unable to pay their upcoming installments or have already missed a recent installment payment can request a cash flow analysis from FSA using a recent balance sheet and operating plan to determine their eligibility.

This assistance is currently limited to installments due August 1, 2022, through January 15, 2024.    

If FSA determines that a borrower qualifies for cash flow-based assistance due to an inability to develop a feasible plan for the current production cycle, FSA will make a one-time credit to the borrower’s account in the amount of the missed or upcoming direct loan installment(s). Consistent with other Section 22006 assistance provided to FSA direct loan borrowers, cash flow-based assistance is only available to borrowers who have not received prior IRA Section 22006 assistance that covered a forward direct loan installment.

Assistance is also available for borrowers who took certain extraordinary measures between February 28, 2020, through October 18, 2022, to avoid delinquency on their loans, such as monetizing long term or essential assets, incurring additional non-FSA debt, or deferring other essential payments, resulting in reduced farm and household viability. If FSA determines that a borrower qualifies for extraordinary measures assistance, the borrower will receive a direct payment equaling the amount of funds obtained through the extraordinary measure(s) that were used to make the payment(s) to FSA, with a maximum payment being the full amount of the installment paid. Borrowers may also be eligible to receive a payment covering their next loan installment due on all FLP direct loans if they have not received prior IRA Section 22006 assistance that covered a forward installment.

Borrowers can submit requests for extraordinary measures or cash flow-based assistance in person at their local FSA office or by sending in a direct request using the farmers.gov 22006 assistance request portals at farmers.gov/loans/inflation-reduction-investments/assistance. All requests for assistance must be received by December 31, 2023.

Borrowers can learn more about extraordinary measures and cash flow-based assistance, including complete eligibility requirements, at farmers.gov/loans/inflation-reduction-investments/assistance.


Section 22007 Program to Assist Those Who Experienced Discrimination

The application period is now open for a new financial assistance program under Section 22007 of the Inflation Reduction Act (IRA), for farmers, ranchers, and forest landowners who experienced discrimination in USDA farm lending programs prior to January 2021. The application process will close on January 13, 2024.

Borrowers will have the option to apply for assistance online via 22007apply.gov or through a paper-based form.

Details about the program, including an application and e-filing portal, are available at 22007apply.gov. 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. Applicants can also call the free call center at 1-800-721-0970 or visit one of several dozen brick-and-mortar offices the program has set up around the country. Locations are provided on the program website and vendors will update the local events schedule with more information as it becomes available. It is important to note that filing an application is FREE and does not require a lawyer.

If you want to get weekly updates on the program’s events and progress, you can go to https://22007apply.gov, and subscribe to a weekly newsletter. 


Farmers.gov Local Dashboard Now Available for Producers in Pennsylvania

Farmers in Pennsylvania can now access county specific farming data and USDA resources all in one place via the new farmers.gov local dashboard. Your new farmers.gov local dashboard includes farming data and USDA resources including USDA news, commodity pricing, weather forecasts, historical climate data, past storm events, USDA service center locator and additional state resources for PA and your county The dashboard transforms complex data sets into easy-to-read charts and graphs to help you quickly find information that matters to you.

Farm Service Agency
Pennsylvania State Office

Heidi Secord
State Executive Director
heidi.secord@usda.gov

359 East Park Drive
Harrisburg, PA 17111

Phone: 717-237-2113
http://www.fsa.usda.gov/pa

Farm Program Chief

Jim Gillis 
james.gillis@usda.gov

Farm Loan Chief 

Ray Sheaffer
raymond.sheafferjr@usda.gov

Pennsylvania FSA State Committee

John Good, Chairperson
Andy Bater
Lisa Freeman
Janet Lewis
Heidi L. Witmer

To find contact information for your local Pennsylvania office click here.


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).