Notice of Funds Availability; Spot Market Hog Pandemic Program (SMHPP)

CourtFarm Service Agency
Citation87 FR 15358
Record Number2022-05672
Publication Date18 March 2022
Federal Register, Volume 87 Issue 53 (Friday, March 18, 2022)
[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
                [Notices]
                [Pages 15358-15363]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-05672]
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                DEPARTMENT OF AGRICULTURE
                Farm Service Agency
                [Docket ID FSA-2021-0012]
                Notice of Funds Availability; Spot Market Hog Pandemic Program
                (SMHPP)
                AGENCY: Farm Service Agency, USDA.
                ACTION: Notification of funding availability.
                -----------------------------------------------------------------------
                SUMMARY: The Farm Service Agency (FSA) published a notice on December
                14, 2021, announcing the availability of $50 million for the Spot
                Market Hog Pandemic Program (SMHPP). This document clarifies hog
                eligibility, documentation requirements, and payment factoring. SMHPP
                assists
                [[Page 15359]]
                producers who sold hogs through a spot market sale from April 16, 2020,
                through September 1, 2020, the period during which these producers
                faced the greatest reduction in market prices due to the COVID-19
                pandemic. SMHPP excludes non-adult pigs or other swine that were not
                intended for slaughter. SMHPP also excludes hogs sold under contracts
                that had a premium or other formula outside a spot market sale. The
                eligibility requirements, payment calculation, and application
                procedure for SMHPP are included in this notice.
                DATES:
                 Funding availability: Implementation will begin March 18, 2022.
                FOR FURTHER INFORMATION CONTACT: Kimberly Graham; telephone: (202) 720-
                6825; email: [email protected]. Persons with disabilities who
                require alternative means for communication should contact the USDA
                Target Center at (202) 720-2600 (voice) or 844-433-2774 (toll-free
                nationwide).
                SUPPLEMENTARY INFORMATION:
                Revision and Clarification
                 FSA published the initial notice on December 14, 2021 (86 FR 71003-
                71007), which announced the availability of $50 million for SMHPP. In
                response to stakeholder concerns and additional USDA analysis, USDA is
                issuing this document to clarify hog eligibility, documentation
                requirements, and payment factoring. Other provisions of the initial
                notice remain unchanged. This document provides these clarifications by
                incorporating the changes into the text from the prior notice, starting
                with the Background section below. This section explains the
                clarifications and revisions.
                 Based upon review and stakeholder feedback, USDA is revising SMHPP
                eligibility to better target the effectiveness of SMHPP. As a result,
                this document revises eligible spot market sales to include additional
                negotiated sales, and third-party intermediary sales as defined in this
                NOFA. When the COVID-19 pandemic disrupted normal marketing channels,
                producers sold their hogs either directly or through third-party
                intermediaries to local processors, butchers, individuals, brokers,
                sale barns, or livestock aggregators. The use of third-party
                intermediaries was the only available marketing alternative for many
                producers when access to packers was not feasible due to the pandemic
                and they used these sales avenues rather than depopulation; therefore,
                these sales alternatives are included in SMHPP. The only sales directly
                to packers that are eligible remain those through a negotiated sale.
                Hogs sold through a contract that includes a premium of the spot-market
                price or other formula such as the wholesale cut-out price remain
                ineligible. This document also clarifies that eligible hogs:
                 Do not include immature swine (that is, pigs), and
                 Must be suitable and intended for slaughter as determined
                by USDA.
                 FSA became aware that some producers were confused about the
                eligibility of sales and what information they needed to submit when
                compared to what they had submitted for previous pandemic assistance.
                Therefore, FSA is requiring that all producers provide verifiable or
                reliable documentation of their eligibility of sales to ensure SMHPP
                payment eligibility and to prevent erroneous payments.
                 To ensure SMHPP funding availability is disbursed equitably to all
                eligible producers, FSA will issue payments after the application
                period ends. If calculated payments exceed the amount of available
                funding, payments will be factored.
                 As a result of these revisions, the SMHPP application period has
                been extended to April 29, 2022.
                Background
                 The Coronavirus Aid, Relief, Economic Security (CARES) Act (Pub. L.
                116-136) provides funding to prevent, prepare for, and respond to the
                COVID-19 pandemic by providing support for agricultural producers who
                were impacted. The Secretary announced the USDA Pandemic Assistance for
                Producers initiative on March 24, 2021. As a part of that initiative,
                FSA implemented SMHPP, as directed by the Secretary, to make payments
                to producers that sold hogs through a spot market sale from April 16,
                2020, through September 1, 2020, the period in which these producers
                faced the greatest reduction in market prices due to the COVID-19
                pandemic.
                 FSA and USDA's Agricultural Marketing Service (AMS) identified
                negotiated hogs as a sector of the agricultural industry significantly
                impacted by the pandemic that had not been adequately addressed by
                previous pandemic relief programs and experienced the greatest market
                price impacts out of all hog purchase types. Using a price analysis of
                the average daily national negotiated sales during the pandemic
                compared to the daily 5-year average for years 2015 through 2019. FSA
                and AMS determined April 16, 2020, through September 1, 2020, to be the
                period with the greatest market impacts on hogs sold through a
                negotiated sale due to the pandemic. The reduced market prices were a
                result of fewer negotiated hogs being procured, packer production
                decreases due to employee illness, and supply chain issues. This period
                also generally aligns with the Coronavirus Food Assistance Program
                (CFAP) 2 eligibility period for swine, which ran from April 16, 2020,
                through August 31, 2020.
                 When the COVID-19 pandemic disrupted normal marketing channels,
                including access to packers, producers sold their hogs through cash
                sales to local processors or butchers, direct sales to individuals, and
                third-party intermediaries which, may include, but are not limited to,
                sale barns or brokers. The use of third-party intermediaries was the
                only available marketing alternative for many producers and they used
                these sales avenues rather than depopulation; therefore, these sales
                alternatives are included in SMHPP.
                 Direct payments are limited to hog producers located in the United
                States. This assistance will be available to hog producers through
                SMHPP as provided in this notice.
                 FSA is administering SMHPP under the general supervision and
                direction of the FSA Administrator and AMS. AMS is providing technical
                assistance to FSA, which includes, but is not limited to, sharing
                expertise on the hog industry regarding the impact of the COVID-19
                pandemic on the industry.
                Definitions
                 The definitions in 7 CFR parts 718 and 1400 apply to SMHPP, except
                as otherwise provided in this document. The following definitions also
                apply.
                 Contract grower means a person or legal entity who grows or
                produces eligible livestock under contract for or on behalf of another
                person or entity. The contract grower's income is dependent upon the
                successful production of livestock or offspring from livestock. The
                contract grower does not have ownership in the livestock and is not
                entitled to a share from sales proceeds of the livestock.
                 Hogs means adult swine of an appropriate size and condition for
                slaughter as evidenced by sale and acceptance for slaughter, if
                determined to be reasonable for the size for slaughter for the area
                from April 16, 2020, through September 1, 2020, by the applicable FSA
                county committee.
                 Negotiated sale means a sale by a producer of hogs to a packer
                under which the base price for the hogs is determined by seller-buyer
                interaction and agreement on a delivery day. The hogs are scheduled for
                delivery to the packer not more than 14 days after the
                [[Page 15360]]
                date on which the hogs are committed to the packer. A negotiated
                formula sale is also considered a negotiated sale.
                 Negotiated formula sale means a hog or pork market formula sale
                under which:
                 (1) The formula is determined by negotiation on a lot-by-lot basis;
                and
                 (2) The hogs are scheduled for delivery to the packer not later
                than 14 days after the date on which the formula is negotiated and the
                hogs are committed to the packer.
                 Ownership interest means to have either a legal ownership interest
                or a beneficial ownership interest in a legal entity. For the purposes
                of administering SMHPP, a person or legal entity that owns a share or
                stock in a legal entity that is a corporation, limited liability
                company, limited partnership, or similar type entity where members hold
                a legal ownership interest and shares in the profits or losses of such
                entity is considered to have an ownership interest in such legal
                entity. A person or legal entity that is a beneficiary of a trust or
                heir of an estate who benefits from the profits or losses of such
                entity is considered to have a beneficial ownership interest in such
                legal entity.
                 Packer means a packer as defined in section 201 of the Packers and
                Stockyards Act, 1921 (7 U.S.C. 191). Therefore, packer means any person
                engaged in the business:
                 (a) Of buying livestock in commerce for purposes of slaughter;
                 (b) Of manufacturing or preparing meats or meat food products for
                sale or shipment in commerce; or
                 (c) Of marketing meats, meat food products, or livestock products
                in an unmanufactured form acting as a wholesale broker, dealer, or
                distributor in commerce.
                 Pig an immature, non-adult swine weighing less than 120 pounds.
                 Producer means a person or legal entity who has ownership of the
                hogs and whose production and facilities are located in the United
                States.
                 Reliable record means any non-verifiable record available that can
                reasonably be used to substantiate the eligible hog sales and how
                prices were determined for the sale, as determined acceptable by the
                FSA county committee.
                 Sold means the producer and the buyer agreed on the negotiated
                price through a spot market sale, and the producer delivered the hogs
                within the time of that agreement. For SMHPP, a hog is considered sold
                on the date of the agreement, rather than when the hog or payment is
                delivered.
                 Spot market sale means hogs marketed for slaughter to an individual
                or through a negotiated sale or through an intermediary who interacts
                with the buyer on behalf of the seller, which may include, but is not
                limited to, sale barns, brokers, or other intermediaries as determined
                by DAFP.
                 Swine means domesticated omnivorous pig, hog, or boar.
                 United States means all 50 states of the United States, the
                District of Columbia, the Commonwealth of Puerto Rico and any other
                territory or possession of the United States.
                 Verifiable record means a document provided by the producer that
                can be verified by the FSA county committee through an independent
                source and can be used to substantiate the eligible hog sales and how
                prices were determined for the sale.
                Eligible Hog Sales
                 Eligible hogs are hogs sold through a spot market sale by producers
                from April 16, 2020, through September 1, 2020. FSA is providing
                assistance for these sales because USDA has determined producers that
                sold hogs through a spot market sale were affected by the greatest
                reduction in market prices for swine producers due to the COVID-19
                pandemic during this period.
                 The hogs must have been physically located in the United States at
                the time of sale and advertised or offered as ready for slaughter.
                Ineligible Hog Sales
                 Ineligible hog sales include:
                 (1) Any other types of sales identified by the AMS Livestock
                Mandatory Reporting (LMR), including: Formulas linked to futures or
                formulas based on the cutout based on the wholesale meat prices, such
                as other market formula and swine or pork market formula,
                 Packer-owned swine.
                 (2) Contracts that include a premium above the spot market price;
                and
                 (3) Sales of either pigs or hogs that are marketed for purposes
                other than slaughter, such as for breeding stock or to grow out.
                Eligible Producers
                 An eligible producer is a person or legal entity who has ownership
                of the eligible hogs and whose production and facilities are in the
                United States.
                 To be eligible for SMHPP, a producer must be any of the following:
                 (1) Citizen of the United States;
                 (2) Resident alien, which for purposes of this subpart means
                ``lawful alien'' as defined in 7 CFR part 1400;
                 (3) Partnership of citizens or resident aliens of the United
                States;
                 (4) Corporation, limited liability company, or other organizational
                structure organized under State law solely owned by U.S. citizens or
                resident aliens; or
                 (5) Indian Tribe or Tribal organization, as defined in section 4(b)
                of the Indian Self-Determination and Education Assistance Act (25
                U.S.C. 5304).
                 Eligible producers must have sold the hogs through a spot market
                sale during the time frame of April 16, 2020, through September 1,
                2020.
                Ineligible Producers
                 Ineligible producers include:
                 (1) Contract growers;
                 (2) Federal, State, and local governments, including public
                schools; and
                 (3) Packers.
                Application Process
                 FSA will accept applications from December 15, 2021, through April
                29, 2022. To apply for SMHPP, eligible producers must submit a complete
                form FSA-940, Spot Market Hog Pandemic Program (SMHPP) Application.
                Applications may be submitted to any FSA county office in person or by
                mail, email, facsimile, or other methods announced by FSA.
                 Producers must also submit all the following items, if not
                previously filed with FSA:
                 Form AD-2047, Customer Data Worksheet for new customers or
                existing customers needing to update their customer profile;
                 Form CCC-902, Farm Operating Plan for an individual or
                legal entity as provided in 7 CFR part 1400;
                 Form CCC-901, Member Information for Legal Entities (if
                applicable);
                 Form CCC-941, Average Adjusted Gross Income (AGI)
                Certification and Consent to Disclosure of Tax Information, for the
                2020 program year for the person or legal entity, including the legal
                entity's members, partners, shareholders, heirs, or beneficiaries as
                provided in 7 CFR part 1400;
                 Form FSA-1123, Certification of 2020 Adjusted Gross
                Income, if applicable; and
                 A highly erodible land conservation (sometimes referred to
                as HELC) and wetland conservation certification as provided in 7 CFR
                part 12 (form AD-1026 Highly Erodible Land Conservation (HELC) and
                Wetland Conservation (WC) Certification for the SMHPP producer and
                applicable affiliates.
                 Producers must submit all required eligibility documentation
                specified
                [[Page 15361]]
                above, as applicable, no later than 60 days from the date a producer
                signs and submits the form FSA-940. If the producer does not timely
                submit the required eligibility forms, or a member who is required to
                submit the form AD-1026 does not do so, FSA will not issue a payment.
                When the other required eligibility forms are not timely submitted for
                a member of a legal entity, FSA will reduce the payment based on the
                member's ownership interest in the legal entity.
                 All producers must provide documentation to support the accuracy of
                information provided on the application, including to substantiate the
                number of hogs reported on the application that were sold through a
                spot market sale and how the price was determined for the sale. The
                supporting documentation must be verifiable or reliable records that
                substantiate the reported number of hogs sold through a spot market
                sale and how the price was determined for the sale. Producers who apply
                for SMHPP after the publication of this document are required to submit
                supporting documentation to FSA within 15 days from submitting the FSA-
                940 to FSA or the application will be disapproved. For producers who
                applied for SMHPP prior to the publication of this document, FSA will
                notify producers and request supporting documentation to verify the
                sales of hogs sold through a spot market sale. The documentation must
                be submitted to FSA within 30 days from the request or the application
                will be disapproved by FSA.
                Payment
                 SMHPP payments compensate eligible hog producers for hogs sold
                through a spot market sale from April 16, 2020, through September 1,
                2020. To simplify administration of SMHPP, FSA and AMS have determined
                a single payment rate of $54 per head.
                 USDA calculated the average daily difference in the negotiated
                sales price during the applicable time frame, compared to the daily 5-
                year average for negotiated sales prices during April 16 through
                September 1 for years 2015 through 2019. The average daily difference
                was equal to $77 per hog based on the average carcass weight that was
                submitted to AMS through livestock mandatory reporting.
                 The SMHPP payment rate of $54 per head is equal to the $77 per head
                minus the CFAP 2 rate of $23 per head. CFAP 2 paid for the highest hog
                inventory from April 16, 2020, through August 31, 2020. CFAP 2 was
                available to all swine producers who qualified under the terms and
                conditions of such program and the application period for CFAP 2 was
                extended, ending October 12, 2021, to allow additional time for all
                eligible producers to apply. SMHPP is therefore not intended to cover
                pandemic impacts that were or could have been compensated under CFAP 2;
                accordingly, the CFAP 2 hog payment rate of $23 per head has been
                deducted from the calculated payment rate for SMHPP.
                 SMHPP payments will be calculated by multiplying the number of head
                of eligible hogs, not to exceed 10,000 head, by the payment rate per
                head of $54. FSA will issue payments to eligible producers after the
                application period ends. If calculated payments exceed the amount of
                available funding, payments will be factored. SMHPP is not subject to
                payment limitations.
                Provisions Requiring Refund to FSA
                 In the event that any application for a SMHPP payment resulted from
                erroneous information reported by the producer, the payment will be
                recalculated, and the producer must refund any excess payment to FSA,
                including interest to be calculated from the date of the disbursement
                to the SMHPP producer. If, for whatever reason, FSA determines that the
                producer misrepresented the total hogs sold through a spot market sale,
                the application will be disapproved, and the producer must refund the
                full SMHPP payment to FSA with interest from the date of disbursement.
                Any required refunds must be resolved in accordance with 7 CFR part 3.
                Miscellaneous Provisions
                 A person or legal entity, other than a joint venture or general
                partnership, is ineligible for SMHPP payments if the person's or legal
                entity's average adjusted gross income (AGI), using the average of the
                adjusted gross incomes for the 2016, 2017, and 2018 tax years, exceeds
                $900,000 as described in 7 CFR part 1400, subpart F, unless the
                exception described below applies. With respect to joint ventures and
                general partnerships, this average AGI provision will be applied to
                members of the joint venture and general partnership. Average AGI
                provisions are applicable to members, partners, stockholders, heirs,
                and beneficiaries with an ownership interest in a legal entity,
                including a general partnership or joint venture who are at or above
                the fourth level of ownership in the business structure. The eligible
                hog producer's payment will be reduced by the portion of a payment
                attributed to a member who exceeds the average $900,000 AGI limitation
                or is otherwise ineligible for payment.
                 A person or legal entity whose average AGI exceeds $900,000 may
                otherwise be eligible for SMHPP payments if the 2020 AGI alone is less
                than $900,000. In order to qualify for this exception to the average
                AGI limitation, persons or legal entities must submit form FSA-1123 to
                certify that their 2020 AGI is not more than $900,000 and also provide
                a certification from a licensed CPA or attorney attesting to the
                accuracy of the person's or legal entity's certification.
                 A payment made to a legal entity will be attributed to those
                members who have a direct or indirect ownership interest in the legal
                entity unless the payment of the legal entity has been reduced by the
                proportionate ownership interest of the member due to that member's
                ineligibility.
                 Attribution of payments made to legal entities will be tracked
                through four levels of ownership in legal entities as follows:
                 First level of ownership: Any payment made to a legal
                entity that is owned in whole or in part by a person will be attributed
                to the person in an amount that represents the direct ownership
                interest in the first-level or payment legal entity;
                 Second level of ownership: Any payment made to a first-
                level legal entity that is owned in whole or in part by another legal
                entity (referred to as a second-level legal entity) will be attributed
                to the second-level legal entity in proportion to the ownership of the
                second-level legal entity in the first-level legal entity; if the
                second-level legal entity is owned in whole or in part by a person, the
                amount of the payment made to the first-level legal entity will be
                attributed to the person in the amount that represents the indirect
                ownership in the first-level legal entity by the person;
                 Third and fourth levels of ownership: Except as provided
                in the second-level of ownership bullet above, any payments made to a
                legal entity at the third and fourth levels of ownership will be
                attributed in the same manner as specified in the second-level of
                ownership bullet above; and
                 Fourth level of ownership: If the fourth level of
                ownership is that of a legal entity and not that of a person, a
                reduction in payment will be applied to the first-level or payment
                legal entity in the amount that represents the indirect ownership in
                the first-level or payment legal entity by the fourth level legal
                entity.
                 Payments made directly or indirectly to a person who is a minor
                child will
                [[Page 15362]]
                not be combined with the earnings of the minor's parent or legal
                guardian.
                 A producer that is a legal entity must provide the names,
                addresses, ownership share, and valid taxpayer identification numbers
                of the members holding an ownership interest in the legal entity.
                Payments to a legal entity will be reduced in proportion to a member's
                ownership share when a valid taxpayer identification number for a
                person or legal entity that holds a direct or indirect ownership
                interest, at or above the fourth level of ownership in the business
                structure, is not provided to USDA.
                 If an individual or legal entity is not eligible to receive SMHPP
                payments due to the individual or legal entity failing to satisfy some
                other payment eligibility provision such as AGI or conservation
                compliance provisions, the payment made either directly or indirectly
                to the individual or legal entity will be reduced to zero. The amount
                of the reduction for the direct payment to the producer will be
                commensurate with the direct or indirect ownership interest of the
                ineligible individual or ineligible legal entity.
                 General requirements that apply to other FSA-administered commodity
                programs also apply to SMHPP, including compliance with the provisions
                of 7 CFR part 12, ``Highly Erodible Land and Wetland Conservation,''
                and the provisions of 7 CFR 718.6, which address ineligibility for
                benefits for offenses involving controlled substances. Appeal
                regulations specified in 7 CFR parts 11 and 780 and equitable relief
                and finality provisions specified in 7 CFR part 718, subpart D, apply
                to determinations under SMHPP. The determination of matters of general
                applicability that are not in response to, or result from, an
                individual set of facts in an individual participant's application for
                payment are not matters that can be appealed. Such matters of general
                applicability include, but are not limited to, the determination of the
                applicable time period for eligible spot market sales and the payment
                rate for SMHPP.
                 Participants are required to retain documentation in support of
                their application for 3 years after the date of approval. Participants
                receiving SMHPP payments or any other person who furnishes such
                information to USDA must permit authorized representatives of USDA or
                the Government Accountability Office, during regular business hours, to
                enter the agricultural operation and to inspect, examine, and to allow
                representatives to make copies of books, records, or other items for
                the purpose of confirming the accuracy of the information provided by
                the participant.
                 A producer may file an application with an FSA county office after
                the SMHPP application deadline, and in such case the application will
                be considered a request to waive the deadline. The Deputy Administrator
                for Farm Programs, FSA (Deputy Administrator), has the discretion and
                authority to consider the case and waive or modify application
                deadlines and other requirements or program provisions not specified in
                law, in cases where the Deputy Administrator determines it is equitable
                to do so and where the Deputy Administrator finds that the lateness or
                failure to meet such other requirements or program provisions do not
                adversely affect the operation of SMHPP. Although producers have a
                right to a decision on whether they filed applications by the deadline
                or not, producers have no right to a decision in response to a request
                to waive or modify deadlines or program provisions. The Deputy
                Administrator's refusal to exercise discretion to consider the request
                will not be considered an adverse decision and is, by itself, not
                appealable.
                 Any payment under SMHPP will be made without regard to questions of
                title under State law and without regard to any claim or lien. The
                regulations governing offsets in 7 CFR part 3 apply to SMHPP payments.
                 In either applying for or participating in SMHPP, or both, the
                producer is subject to laws against perjury and any penalties and
                prosecution resulting therefrom, with such laws including, but not
                limited to, 18 U.S.C. 1621. If the producer knowingly makes any untrue
                verbal or written declaration, certification, statement, or
                verification that the producer when applying for or participating in
                SMHPP, or both, then the producer is guilty of perjury (except as
                otherwise provided by law) and may be fined, imprisoned for not more
                than 5 years, or both, regardless of whether the producer makes such
                verbal or written declaration, certification, statement, or
                verification within or outside the United States.
                 For the purposes of the effect of a lien on eligibility for Federal
                programs (28 U.S.C. 3201(e)), USDA waives the restriction on receipt of
                funds under SMHPP but only as to beneficiaries who, as a condition of
                the waiver, agree to apply the SMHPP payments to reduce the amount of
                the judgment lien.
                 In addition to any other Federal laws that apply to SMHPP, the
                following laws apply: 15 U.S.C. 714; and 18 U.S.C. 286, 287, 371, and
                1001.
                Paperwork Reduction Act Requirements
                 In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C.
                chapter 35), FSA received the OMB approval (control number 0560-0305)
                to cover the SMHPP information collection request under the emergency
                request. FSA will include the increased burden hours of 4,152 to cover
                the additional documentation required to support the completed form
                FSA-940 SMHPP application in the 3-year approval.
                Environmental Review
                 The environmental impacts have been considered in a manner
                consistent with the provisions of the National Environmental Policy Act
                (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on
                Environmental Quality (40 CFR parts 1500-1508), and the FSA regulation
                for compliance with NEPA (7 CFR part 799).
                 As previously stated, SMHPP is providing payments to producers that
                sold hogs through a spot market sale from April 16, 2020, through
                September 1, 2020, the period in which these producers faced the
                greatest reduction in market prices due to the COVID-19 pandemic. The
                limited discretionary aspects of SMHPP do not have the potential to
                impact the human environment as they are administrative. Accordingly,
                these discretionary aspects are covered by the FSA Categorical
                Exclusions specified in 7 CFR 799.31(b)(6)(iv) that applies to
                individual farm participation in FSA programs where no ground
                disturbance or change in land use occurs as a result of the proposed
                action or participation; and Sec. 799.31(b)(6)(vi) that applies to
                safety net programs.
                 No Extraordinary Circumstances (Sec. 799.33) exist. As such, the
                implementation of SMHPP and the participation in SMHPP do not
                constitute major Federal actions that would significantly affect the
                quality of the human environment, individually or cumulatively.
                Therefore, FSA will not prepare an environmental assessment or
                environmental impact statement for this action and this document serves
                as documentation of the programmatic environmental compliance decision
                for this federal action.
                Federal Assistance Programs
                 The title and number of the Federal assistance programs, as found
                in the Catalog of Federal Domestic Assistance, to which this document
                applies is 10.144--Spot Market Hog Pandemic Program.
                [[Page 15363]]
                USDA Non-Discrimination Policy
                 In accordance with Federal civil rights law and U.S. Department of
                Agriculture (USDA) civil rights regulations and policies, USDA, its
                Agencies, offices, and employees, and institutions participating in or
                administering USDA programs are prohibited from discriminating based on
                race, color, national origin, religion, sex, gender identity (including
                gender expression), sexual orientation, disability, age, marital
                status, family or parental status, income derived from a public
                assistance program, political beliefs, or reprisal or retaliation for
                prior civil rights activity, in any program or activity conducted or
                funded by USDA (not all bases apply to all programs). Remedies and
                complaint filing deadlines vary by program or incident.
                 Persons with disabilities who require alternative means of
                communication for program information (for example, Braille, large
                print, audiotape, American Sign Language, etc.) should contact the
                responsible Agency or USDA TARGET Center at (202) 720-2600 or 844-433-
                2774 (toll-free nationwide). Additionally, program information may be
                made available in languages other than English.
                 To file a program discrimination complaint, complete the USDA
                Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and
                at any USDA office or write a letter addressed to USDA and provide in
                the letter all the information requested in the form. To request a copy
                of the complaint form, call (866) 632-9992. Submit your completed form
                or letter to USDA by mail to: U.S. Department of Agriculture, Office of
                the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW,
                Washington, DC 20250-9410 or email: [email protected].
                 USDA is an equal opportunity provider, employer, and lender.
                Zach Ducheneaux,
                Administrator, Farm Service Agency.
                [FR Doc. 2022-05672 Filed 3-17-22; 8:45 am]
                BILLING CODE 3410-05-P
                

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