The United States Department of Agriculture (USDA) departmental Freedom of Information Act (FOIA) Office is revising USDA’s current regulations codified in 7 CFR part 1 subpart A and last revised on July 28, 2000, which implement the FOIA, 5 U.S.C. 552. The revisions in this notice are modeled, in part, after the Department of Justice Office of Information Policy’s published FOIA regulation template. These revisions will streamline USDA’s FOIA processing procedures and include current cost figures to be used in those rare instances in which a requester seeks paper records in lieu of electronic records. Most importantly, these revisions will incorporate both administrative and procedural changes brought about by the OPEN Government Act of 2007 and the FOIA Improvement Act of 2016, like the availability of a FOIA Public Liaison, the requirement for written notice by USDA to extend the time limits for processing, and the extended window for requesters to file an appeal.

To ensure greater consistency in the application of USDA debt management policies within the Farm Production and Conservation (FPAC) mission area, USDA would consolidate all existing FPAC debt management regulations at 7 CFR part 3. The rule would not impose additional burdens on the public as the consolidation would delete obsolete provisions and consolidate existing rules in one place.

The USDA proposes to amend its nonprocurement suspension and debarment rule codified at 2 CFR part 417 and make a technical update to 7 CFR part 400 to remove a reference to 7 CFR part 3017. This rule supplements the governmentwide suspension and debarment rule located at 2 CFR part 180. This regulatory action makes no substantive changes in USDA policy or procedures for nonprocurement suspension and debarment.

This proposed rule would amend the U.S. Department of Agriculture (USDA) regulation to implement Executive Order 13831 (Establishment of a White House Faith and Opportunity Initiative). Among other changes, this rule proposes to provide clarity regarding the rights and obligations of faith-based organizations participating in USDA programs. This proposed rulemaking is intended to ensure that USDA’s social service program are implemented in a manner consistent with the requirements of federal law, including the First Amendment to the U.S. Constitution and the Religious Freedom Restoration Act.

The Department of Agriculture is adopting this final rule to amend the definition of judge in its rules of practice and procedure governing formal rulemaking proceedings. The modified definition of judge will be consistent with the definition in the Department’s other rules of practice at 7 CFR part 900 and 7 CFR part 1200.

The National Institute of Food and Agriculture (NIFA) issues grants and cooperative agreements to a variety of entities including, but not limited to, colleges and universities, other Federal agencies, and individuals in support of agricultural research, education, and extension programs. The Agency's administrative provision, 7 CFR 3430--Competitive and Noncompetitive Non-formula Federal Assistance Programs, contains elements common to all competitive and noncompetitive grant programs it administers in subparts A through E. Subpart F and thereafter apply to specific grant programs.

7 CFR 3430 does not currently apply to any of the formula grant programs administered by NIFA. NIFA is proposing to expand the scope of 7 CFR 3430 to include these programs and to modify the title of the regulation to 7 CFR 3430 Competitive, Noncompetitive, and Capacity Federal Assistance Programs.

At the time 7 CFR 3430 was established, the agency planned to cancel some of the existing program-specific regulations identified in 7 CFR and incorporate those program-specific regulations as separate subparts under this part. NIFA is proposing to cancel 7 CFR parts 3402, Food and Agricultural Sciences National Needs Graduate and Postgraduate Fellowship Grants Program; 3405, Higher Education Challenge Grants Program; 3406, 1890 Institution Capacity Building Grants Program; and 3415, Biotechnology Risk Assessment Research Grants Program and incorporate them in subparts N, R, S, and T.

The National Institute of Food and Agriculture (NIFA) issues grants and cooperative agreements to a variety of entities including, but not limited to, colleges and universities, other Federal agencies, and individuals in support of agricultural research, education, and extension programs. The Agency's administrative provision, 7 CFR 3430, contains elements common to the competitive grant programs it administers in subparts A through E. Subpart F and thereafter apply to specific grant programs.

Section 7117 of the Agriculture Act of 2018 (Pub. L. 115-334, or 2018 Farm Bill) added section 1446 to the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a new competitive grant program entitled Scholarships for Students at 1890 Institutions. Section 7117 provides mandatory funding in the enacted amount of $40 million, to remain available until expended, for a scholarship program for eligible students at 1890 Institutions. NIFA proposes to add subpart V to 7 CFR 3430 for this program.

This direct final rule provides uniform guidelines on the use, award, and administration of Federal financial assistance cost-reimbursable agreements the Foreign Agricultural Service (FAS) awards under the authority of 7 U.S.C. 3319a.

The McGovern-Dole International Food for Education and Child Nutrition (McGovern-Dole) Program helps support food security, child development, and education in low-income, food-deficit countries around the world. The program provides for the donation of U.S. agricultural commodities, as well as financial and technical assistance, to support school feeding and maternal and child health and nutrition projects.   

FAS plans to publish a final rule with comments for the McGovern-Dole Program for purposes of allowing up to 10 percent of funding each year to be used to purchase local and regional commodities rather than U.S. commodities. 

The Agency’s changes to 7 CFR part 1599 are essential to USDA’s mandate to implement the Agriculture Improvement Act of 2018. In addition to allowing up to 10 percent of funding each year to be used to purchase local and regional commodities rather than U.S. commodities, this act extends McGovern-Dole through 2023.   

The changes to 7 CFR part 1599 are not expected to have any significant impact on external parties. No sensitive, controversial or precedent-setting changes are being proposed.

The Food for Progress Program provides for the donation of U.S. agricultural commodities to developing countries committed to introducing and expanding free enterprise in the agricultural sector. The commodities are monetized (sold on the local market), and the proceeds are used to support agricultural development activities. Food for Progress has two objectives: to improve agricultural productivity and expand trade in agricultural products.

FAS plans to publish a final rule with comments for the Food for Progress Program for purposes of adding U.S. public or non-profit colleges and universities as entities eligible for awards.

The Agency’s changes to 7 CFR part 1499 will enable it to foster greater competition in proposal submissions and provide an opportunity for more innovative projects for consideration. The changes are also essential to USDA’s mandate to implement the Agriculture Improvement Act of 2018. In addition to including U.S. public or nonprofit colleges and universities as entities eligible for awards, the Act also: (1) adds a $10 million-per-year pilot program, (2) amends the annual food aid report to include a rate of return for each eligible organization, and (3) changes the due date for the annual report of allocations to Congress to April 1.

The changes to 7 CFR part 1499 are not expected to have any significant impact on external parties. No sensitive, controversial, or precedent-setting changes are being proposed.

The Agriculture Improvement Act of 2018 adopted the Emerging Markets Program (EMP) with some changes, and the EMP program regulations, codified in 7 CFR part 1486, must be updated to align with the new statutory language. In addition, the USDA Office of General Counsel (OGC) identified certain other instances in which the existing EMP regulations should be amended to more precisely reflect current statutory language. Current regulations also reference outdated Foreign Agricultural Service (FAS) organizational structures and practices. The intended effect of this rulemaking is to amend the current EMP regulations by incorporating the 2018 Farm Bill changes, updating outdated FAS organizational references, addressing inconsistencies with 2 CFR 200, and aligning the regulations more closely with statutory language, as OGC previously identified.

FAS would like to amend the Cooperator program regulations 7 CFR part 1484, which were last updated in 2000, to remove the requirement that FAS post the application announcements in the Federal Register. In place of a Federal Register notice, FAS would like to follow the grant administration best practice of posting application announcements on Grants.gov. FAS proposes to strike the language in the Federal Register from 7 CFR 1484.20, "How can my organization apply to the Cooperator program?" and 7 CFR 1484.22, "How are Cooperator program funds allocated?"

Also, FAS would like to make conforming edits to the Foreign Market Development (FMD) regulation text to remedy instances where the Office of General Counsel (OGC) has identified that the regulations are out of conformance with 2 CFR 200, which was enacted subsequent to the last major revision of the FMD regulations.

The Agriculture Improvement Act of 2018 eliminated the requirement that branded participants were limited to 5 years’ eligibility for the Market Access Program (MAP). With that change in the underlying statute, FAS would like to revise the program regulations to eliminate the 5-year branded graduation requirement codified in 7 CFR 1485.15(d) Operational procedures for brand programs.

FAS would also like to amend the MAP regulations to remove the requirement that FAS post the application announcements in the Federal Register. In place of a Federal Register notice, FAS would like to follow the grant administration best practice of posting application announcements on Grants.gov. FAS proposes to strike the language in the Federal Register from 7 CFR 1485.13(a) Application process and 7 CFR 1485.14(c) Application review and formation of agreements.

Finally, FAS would like to make conforming edits to the MAP regulation text to remedy instances in which the Office of General Counsel (OGC) identified that the regulations do not conform with 2 CFR 200, which was enacted subsequent to the last major revision of the MAP regulations.

Prior to the passage of the 2018 Farm Bill, only existing trade barriers could be addressed under the program and Technical Assistance for Specialty Crops (TASC) activities were limited to 5 years of funding. Industry groups requested that Congress amend the law to broaden the types of trade barriers eligible under TASC and lengthen the period of funding eligibility. Section 3201 of the Agriculture Improvement Act of 2018, enacted on December 20, 2018, now allows program funds to be used to address potential sanitary, phytosanitary, and technical barriers to trade. The Agriculture Improvement Act of 2018 also provided that [t]he Secretary may provide assistance under the program to a project for longer than a 5-year period if the Secretary determines that further assistance would effectively support the purpose described in paragraph (2). However, current TASC regulations provide for a 5-year limit on funding; See 7 CFR 1487.4(b). The intended effect of this rulemaking is to amend the current regulations to align them with the statute by adding the word "potential" to the types of trade barriers the program will address and correcting 1487.4(b) Length of activities to say that the Secretary may provide assistance under the program to a project for longer than a 5-year period if the Secretary determines that further assistance would effectively support the purposes of the program.

New regulatory language will be developed to reflect minor changes to USDA's administration of the Agriculture Wool Apparel Manufacturers Trust Fund and the Pima Agriculture Cotton Trust Fund as required by the Agriculture Improvement Act of 2018.

The final rule would amend the Export Sales Reporting Requirements Regulation to clarify certain definitions as they relate to beef and pork, which are subject to this regulation to ensure accuracy of the weekly U.S. Export Sales report.

FAS intends to issue a final rule modifying the certifications required to qualify for participation in the Export Credit Guarantee (GSM-102) Program (subpart B) and the Facility Guarantee Program (FGP) (subpart C) to make them consistent with Governmentwide debarment and suspension guidelines codified in 2 CFR 180.335 and U.S. Department of Agriculture requirements. Specifically, FAS is eliminating the requirement for participants to make certain certifications with respect to affiliates codified in 7 CFR 1493.60(a)(1) through (4) and 7 CFR 1493.250(a)(1) through (4).

FAS plans to implement this change as a final rule. Additionally, the Agency has determined that because this amendment will make the existing rules codified in 7 CFR part 1493 consistent with U.S. Government and Departmental certification requirements and reduce burden on participants, therefore notice of proposed rulemaking is unnecessary. It is in the public interest to implement these changes as soon as possible; therefore, FAS proposes this final rule be effective on publication in the Federal Register.

The interim rule will make mandatory changes for consistency with the provisions in the Agriculture Improvement Act of 2018 (2018 Farm Bill).  The Conservation Reserve Program (CRP) assists producers in conserving and improving soil, water, and wildlife resources by converting highly erodible and other environmentally sensitive acreage to a long-term vegetative cover. The core scope of CRP is not changing. In general, the regulatory changes are mandatory; however, there is some discretion on how some of the provisions are being implemented. The 2018 Farm Bill extends and modifies the authorization for CRP through fiscal year (FY) 2023. The CRP acreage cap is increased from 24 million acres to 27 million acres by FY 2023, and includes 8.6 million acres for continuous practices and 2 million acres for grasslands. Two new pilot programs are: the Clean Lakes, Estuaries, and Rivers initiative (CLEAR 30, which has 30-year contracts) and a Soil Health and Income Protection Program (SHIPP). The Farm Service Agency (FSA) expects to target at least 40 percent of continuous CRP acres for the practices considered as Clean Lakes, Estuaries, and Rivers (CLEAR). A proportional, historic State acreage allocation includes a portion of the acres available for enrollment. The 2018 Farm Bill authorizes up to $12 million in incentive payments for tree thinning and related activities and provides additional haying and grazing flexibilities. The rule will make required changes to the eligibility criteria for enrollment in CRP, the benefits available to participants, and the compliance provisions of CRP. A couple of examples of the discretionary regulatory changes are:  how regional drought concerns are addressed on the Conservation Reserve Enhancement Program (CREP) agreements, and the specific length of SHIPP contracts. CRP is a Commodity Credit Corporation (CCC) program administered by FSA.

The final rule will make changes in the regulations to be consistent with provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill). Most of the changes made by the rule were self-enacting and have already been implemented administratively. In addition, the rule will make the changes for equitable relief and the State Agricultural Mediation Program, which are the only changes that were not self-enacting. The changes increase statutory loan limits or improve the various loan programs (direct farm ownership loans, direct and guaranteed loans, microloans, and emergency loans) and will relieve some restrictions to participation or otherwise encourage participation.

FSA will implement a regulation for a new relending program, authorized by changes that the Agriculture Improvement Act of 2018 (2018 Farm Bill) made to the Consolidated Farm and Rural Development Act. The relending program will provide revolving loan funds to eligible intermediary lenders to resolve ownership and succession on farmland with multiple owners. The lenders will give loans to qualified individuals to resolve these ownership issues. The intermediary lenders will consolidate and coordinate the ownerships of the land-ownership interests.

The rule will change the regulations to be consistent with provisions of the Agriculture Improvement Act of 2018 (the 2018 Farm Bill). Marketing Assistance Loans (MALs) and Loan Deficiency Payments (LDPs) will be available for crop years 2019 to 2023. Market loan gains from cash redemptions and LDPs will not be subject to a payment limit. The loan rates will be revised for all commodities except oilseeds, wool, mohair, honey, and peanuts. The calculation change for the upland cotton loan rate may not equal less than 98 percent of the loan rate for base quality of upland cotton from the preceding year.

The final rule will amend the Noninsured Crop Disaster Assistance Program (NAP) regulation in 7 CFR part 1437. NAP provides financial assistance to producers of noninsurable crops to protect against natural disasters that result in lower yields or crop losses or prevented crop planting. The rule implements changes consistent with provisions in the Agriculture Improvement Act of 2018 (2018 Farm Bill). In addition to the catastrophic level NAP coverage, higher levels of coverage (buy-up coverage) are available ranging from 50 to 65 percent of production in 5 percent increments at 100 percent of the average market price. The payment limits change made by the 2018 Farm Bill specifies that payments for losses to crops with catastrophic coverage are subject to a payment limitation of $125,000, and payments for losses to crops with buy-up coverage are subject to a separate payment limitation of $300,000. The rule increases the NAP service fees from $250 to $350 per crop, increases the maximum per producer per county from $750 to $825, and the maximum per producer for all counties from $1,875 to $1,950. It also extends the service fee waiver and 50 percent premium reduction to eligible veteran farmers and ranchers. The rule will amend native sod provisions to make them applicable in the specified states for any crop enrolled in NAP that was tilled after December 20, 2018, for no more than 4 years during the first 10 years of cropping. The rule will specify that NAP is available when catastrophic risk protection under subsection (b) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) and additional coverage under subsections (c) and (h) are not available or is only available under a policy that provides coverage for specific intervals based on weather indexes or under a whole farm plan of insurance. The rule will also make several minor discretionary changes to improve program integrity and clarify existing NAP requirements.

FSA is amending the regulation in 7 CFR part 1400 on behalf of the Commodity Credit Corporation (CCC) to implement changes consistent with provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill). The rule will expand the definition of family member to include first cousin, niece and nephew, used for payment eligibility determinations for certain FSA and CCC programs. The rule changes the specific program payment or benefit applicability table. The change also reflects that the payment limit no longer applies to Marketing Loan Gains (MLGs), Loan Deficiency Payments (LDPs), Livestock Indemnity Program (LIP), Emergency Assistance for Livestock, Honey Bees and Farm Raised Fish (ELAP), and the Tree Assistance Program (TAP). The rule amends the definition of actively engaged in farming and changes the cash-rent tenant requirements. The rule will change the payment limitation for the Non-Insured Crop Disaster Assistance Program (NAP) to specify a separate maximum limitation of $125,000 on payments for losses to crops with catastrophic coverage and a $300,000 maximum limitation on payments for losses to crops with buy-up coverage. The rule will change the regulation to better align the actively engaged in farming requirements for legal entities, other than joint operations, all members, stockholders, or partners will not be required to collectively make a significant contribution of active personal labor or active personal management to the farming operation to qualify the legal entity as actively engaged in farming; rather, that a significant contribution of active personal labor or active personal management is made collectively by the members, stockholders, or partners. The rule will require that members, stockholders, or partners of the legal entity holding at least 50 percent beneficial ownership interest of the legal entity, collectively make a significant contribution, whether compensated or not compensated, of active personal labor or active personal management (or a combination of active personal labor and active personal management) to the farming operation.

The rule will make some changes to the Livestock Indemnity Program (LIP), the Livestock Forage Disaster Program (LFP), the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP), and the Tree Assistance Program (TAP), which are referred to as the Supplemental Agricultural Disaster Assistance Programs. The rule includes changes that are consistent with provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill). The Supplemental Agricultural Disaster Assistance Programs are Commodity Credit Corporation (CCC) programs administered by FSA. In general, the regulatory changes are mandatory; however, there is some discretion on how some of the provisions are being implemented. The 2018 Farm Bill amends the definition of eligible producer on a farm to include an Indian Tribe or Tribal organization. In addition to the mandatory changes, some discretionary changes will be made to improve program integrity. For ELAP, the changes will provide that a veteran farmer or rancher’s ELAP payment will be calculated based on a national payment rate of 90 percent; add assistance for costs related to inspection for cattle tick fever, regardless of the finding; and provide that ELAP payments will not be subject to payment limitation. For LIP, the changes will include coverage for: 1) death or sale loss resulting from diseases caused by, or transmitted by, a vector that cannot be controlled by vaccination or acceptable management practices; and 2) death of unweaned livestock due to adverse weather. For TAP, the changes will increase the reimbursement amount for beginning farmers and veterans (as those terms are defined at 7 U.S.C. 2279) from 65 to 75 percent for the cost of replanting trees, bushes, or vines lost due to a natural disaster in excess of 15 percent mortality (adjusted for normal mortality) or, at the option of the Secretary, sufficient seedlings to reestablish a stand; increase the reimbursement amount for beginning farmers and ranchers and veteran farmers and ranchers from 50 to 75 percent of the cost of pruning, removal, and other costs incurred for salvaging the existing plants or, in the case of plant mortality, to prepare land for replanting, subject to the maximum allowable FSA rate.

The final rule will remove regulations for farm programs that are obsolete, no longer authorized, or administered under different funding. For example, regulations for the Livestock Indemnity Program and other standing disaster assistance programs in the Farm Service Agency (FSA) regulations and the Commodity Credit Corporation (CCC) regulations; the current regulations are those in the CCC regulations. Therefore, the old regulations in the FSA regulations will be removed. In addition, several subchapter headings will be updated to remove obsolete references and a few CFR parts will be moved into a more logical subchapter.

The FSA interim rule published on May 26, 2006, implemented the requirements of the 2006 Emergency Appropriations Act to provide for assistance under the Emergency Conservation Program (ECP) for expenses resulting from hurricanes that occurred during the 2005 calendar year (Katrina, Rita, etc.), including assistance to nursery, oyster, and poultry producers, and non-industrial forest landowners. The $199.8 million provided by the legislation was provided to the ECP participants.

This interim rule published on March 2, 2013, amended the regulations that specify interest rates on guaranteed farm loans. The rule addressed the public comments to the proposed rule and made changes based on the comments. The provisions increased clarity and specificity in the maximum rate requirements, while at the same time setting rates that will work in current credit market conditions.

The interim rule published on November 17, 2010, added a new subpart regulations in 7 CFR part 701 to implement the Emergency Forest Restoration Program (EFRP), which was authorized by the 2008 Farm Bill. EFRP provides cost-share funding to owners of nonindustrial private forest land to restore the land after the land is damaged by a natural disaster.

The interim rule published on July 8, 2010, added a new regulation in 7 CFR part 1400 to implement the new Voluntary Public Access and Habitat Incentive Program (VPA-HIP), which was authorized by the 2008 Farm Bill. VPA-HIP is a voluntary program under which State and Tribal governments may apply for grants to encourage owners and operators of privately held farm, ranch, and forest land to voluntarily make that land available for access by the public for wildlife- dependent recreation under programs administered by State and Tribal governments.

The interim rule published on April 9, 2013, revised the regulations in 7 CFR part 1437 to include provisions of the 2008 Farm Bill for the Noninsured Disaster Assistance Program (NAP). The rule specified the increased service fees for NAP, expanded the waivers for NAP fees already available to limited resource farmers or ranchers to socially disadvantaged and beginning farmers or ranchers, implemented the provisions addressing eligibility of native sod acreage that is tilled for the production of an annual crop during the first 5 crop years of planting (not to include areas of five acres or less), and added coverage for aquaculture producers to include all losses related to drought.

The Farm Service Agency (FSA) implemented the Crop Assistance Program (CAP) through an interim rule published on October 25, 2010, to provide up to $550 million in disaster assistance to farmers who grew upland cotton, long grain rice, medium grain or short grain rice, soybeans, or sweet potatoes in a county that received a Secretarial disaster designation in 2009 due to excessive moisture or an excessive moisture related condition. Over 900 counties met that criteria. CAP payments were included in total farm revenue for 2009 Supplemental Revenue Assistance Payments (SURE) program payments.

The Farm Service Agency (FSA) amended regulations on behalf of the Commodity Credit Corporation (CCC) for the Noninsured Crop Disaster Assistance Program (NAP) through an interim rule published on December 15, 2014.  NAP is administered for CCC by FSA. NAP provides producers of crops that are not eligible for crop insurance with a basic level of risk management coverage.  NAP provides financial assistance to producers of non-insurable crops when low yield, loss of inventory, or prevented plantings occur due to a natural disaster.  The rule includes changes to NAP required by the 2014 Farm Bill.  The changes included revised NAP eligibility requirements for coverage on tilled native sod, and added coverage for sweet sorghum and biomass sorghum.  Beginning and socially disadvantaged farmers are eligible for service fee waivers.  New "buy up" provisions allowed producers to buy additional NAP coverage for an additional premium.  In addition to the 2014 Farm Bill changes, the interim rule added NAP coverage for organic crops and expanded NAP coverage for mollusks, a common aquaculture crop.  

As required by the 2014 Farm Bill, the Farm Service Agency (FSA) revised regulations, through an interim rule published on October 8, 2014, on the eligibility requirements to allow entities to participate in the Farm Loan Programs (FLP). FSA expanded FLP eligibility conditions for legal entities, and allowed farming operations that previously were ineligible to qualify for loans. FSA provided additional flexibility for loan applicants to meet the required three years of farming experience before purchasing real estate through FSA's direct Farm Ownership (FO) Program. FSA increased the maximum initial and total indebtedness on Microloans (ML) from $35,000 to $50,000.

The interim rule published on July 16, 2015, implemented changes to Conservation Reserve Program (CRP) required by the 2014 Farm Bill.  CRP assists producers to conserve and improve soil, water, and wildlife resources by converting highly erodible and other environmentally sensitive acreage to a long-term vegetative cover.  The 2014 Farm Bill required changes included providing an "early out" for contract cancellations in 2015, removing the requirement for a payment reduction for emergency haying and grazing, and allowing non-cropland (grasslands) in CRP.  CRP is a Commodity Credit Corporation (CCC) program administered by the Farm Service Agency (FSA).

The final rule will amend the dairy regulations to rename the Margin Protection Program for Dairy (MPP-Dairy) to be the Dairy Margin Coverage (DMC) Program and to make other changes for consistency with the provisions of the Agriculture Improvement Act of 2018. Although renamed, it retains much of the former dairy program structure, although with some changes. There will be changes to premium rates, coverage rates and percentages, a premium discount option, and a premium repayment option for 2014-2017 MPP-Dairy premiums along with other changes. In general, the premium rates will be lower, with additional levels of coverage, and different election options.

This rule will revise the Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) regulations. Specifically, it will revise the eligibility requirements and payment formulas for the ARC and PLC programs to be consistent with the provisions in the Agriculture Improvement Act of 2018 (2018 Farm Bill). The ARC program is a revenue-based program that provides payments when, for the relevant crop year, a farm’s revenue is less than a specified guarantee level. The PLC program provides payments when, for the relevant crop year, the effective price for a covered crop is below its effective reference price set in law. The rule will make minor changes in the regulations that are consistent with the changes made by the 2018 Farm Bill for ARC and PLC. In general, the regulatory changes are mandatory; however, there is some discretion on how some of the provisions are being implemented. The discretionary regulatory changes include the following to be consistent with the 2018 Farm Bill, changes provide a single opportunity for an owner to update a farm’s PLC payment yield on a covered-commodity-by-covered-commodity basis, and amend how the program would operate for farms with all croplands planted to grass or pasture, including cropland that was idle or fallow, from January 1, 2009, through December 31, 2017.

Emergency Conservation Program (ECP) provides emergency funding and technical assistance to farmers and ranchers to rehabilitate farmland damaged by natural disasters and to implement emergency water conservation measures in periods of severe drought. The rule incorporates the changes to 7 CFR part 701 to be consistent with the provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill), which makes a portion of the cost-share payments for the repair or replacement of fencing available to eligible producers prior to the producer carrying out the repair or replacement, increases the maximum payment amount a producer can receive under ECP, and establishes a maximum payment percentage that a producer may receive to now include a socially disadvantaged farmer or beginning farmer or rancher.

The Commodity Credit Corporation is revising the regulation in 7 CFR part 1409 to implement a Trade Mitigation Program (TMP) for producers of 2019 agricultural commodities that have been significantly impacted by actions of foreign governments resulting in the loss of traditional exports. TMP includes a Market Facilitation Program for payments to producers and an Expanded Domestic Commodity Donation Program (EDCDP) for surplus commodities.

The final rule will implement disaster assistance as authorized by the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (Disaster Relief Act) (Pub. L. 116-20).  The implementation will include the Wildfires and Hurricanes Indemnity Program Plus (WHIP+), revisions to existing disaster assistance programs, and additional payments for crop insurance customers for prevented planting and harvest price option.

The final rule amends the Catastrophic Risk Protection Endorsement, the Area Risk Protection Insurance (ARPI) Basic Provisions, and the Common Crop Insurance Policy (CCIP) Basic Provisions to implement the changes contained in the Agriculture Improvement Act of 2018 (commonly referred to as the 2018 Farm Bill).  In addition, FCIC needs to amend the Area Risk Protection Insurance Regulations and the Common Crop Insurance Regulations, Basic Provisions to address concerns about offset procedures and change the default to electronic means for all required communications from insurance providers to producers.

The rule will amend the Common Crop Insurance Regulations, Rice Crop Insurance Provisions for the 2020 and succeeding crop years to allow for new irrigation practices and change the cancellation and termination dates in certain States to align with other row crops to implement the changes contained in the Agriculture Improvement Act of 2018.  Specifically, the rule will add an additional cancellation and termination date of March 15 and allow additional irrigation practices to be specified in the Special Provisions.

This rule will amend the Common Crop Insurance Regulations Sugar Beet Crop Insurance Provisions. These changes resulted from public comments received on the final rule with request for comment, published in the Federal Register on September 10, 2018, at 83 FR 45535-45539. This rule will make changes in response to the comments. Specifically, this rule will make changes such as: clarify potential misunderstandings; facilitate an insurance provider’s timely determination of proper acreage and liability and coverage; and address situations that were previously not outlined in the policy, such as salvage value production determinations.

The rule will amend the General Administrative Regulations, subpart V-Submission of Policies, Provisions, of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies to implement the changes contained in the Agriculture Improvement Act of 2018 (commonly referred to as the 2018 Farm Bill). The changes include amending when and the way in which user fees must be reviewed, changing the persons who have access to confidential information, revising the wage rate and benefit calculations, and allowing for, at the Board’s discretion, a waiver for the marketability and viability of any hemp concept proposals. 

The rule would amend the Common Crop Insurance Regulations by revising the Coarse Grains Crop Insurance Provisions to allow enterprise units and optional units by the cropping practices Following Another Crop (FAC) and Not Following Another Crop (NFAC). The rule would also make technical corrections.

The purpose of the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Program is to assist in the development of new and emerging technologies for advanced biofuels, renewable chemicals, and biobased product manufacturing. Development is achieved through guarantees for loans to fund the development, construction, and retrofitting of commercial-scale biorefineries using eligible technology and of biobased product manufacturing facilities that use technologically new commercial-scale processing and manufacturing equipment and required facilities to convert renewable chemicals and other biobased outputs of biorefineries into end-user products on a commercial scale.

The Agency will publish a Final Rule for the 9003 Program. Other actions will include the statutory changes made in the Agriculture Improvement Act of 2018 (2018 Farm Bill).

The Bioenergy Program for Advanced Biofuels (sec. 9005) directs the Secretary of Agriculture to make payments to eligible producers to support and ensure an expanding production of advanced biofuels. The Agency enters into contracts with advanced biofuel producers to pay such producers for the production of eligible advanced biofuels. To be eligible for payments, advanced biofuels must be produced from renewable biomass, excluding corn kernel starch, in a biorefinery located in the United States. The program will increase energy independence, promote resource conservation, diversity markets for agricultural and forestry products, create jobs, and enhance economic development in rural economies. To receive a payment, an eligible producer shall enter into a contract with the Secretary of Agriculture for production of advanced biofuels. The basis for payments under this program are the quantity and quality of production of biofuel produced by an eligible producer, the net renewable energy content of the advanced biofuel, and other appropriate factors as determined by the Secretary of Agriculture.

The Agency seeks to move from an interim rule to final rule with the Advanced Biofuel Payment Program and will incorporate changes required by the Agriculture Act of 2018 (Farm Bill) and make several clarifications in regard to eligible feedstocks, eligible final products, eligibility requirements for producers, and the sale of advanced biofuels. Other changes include the revisions of discount rates applied to various biofuels.

The Rural Business-Cooperative Service will update the regulations for the Rural Energy for America Program to update section references for Combined Grant and Guaranteed Loan funding requirements and Energy Audit and Renewable Energy Development Assistance grants due to the guarantee loan provisions that will move to the OneRD Guaranteed Loan Rule (0572-AC43).

Program modifications that have been previously published via Federal Register Notice of Solicitation of Application (NOSA) will be incorporated into 7 CFR 4280 subpart B to eliminate the need for annual notification/renewal and to enhance program delivery and customer service.

Program enhancements that support a greater distribution of funds as well as processing and servicing clarifications are also being incorporated into this regulation.

The Rural Business-Cooperative Service (RBS) will amend its regulation to better provide the tools needed to implement the program, updating it to fit the needs of the current rural economy, and update all statutory changes provided by the Agriculture Improvement Act of 2018 (2018 Farm Bill). Section 6017 of the Agricultural Act of 2014 (2014 Farm Bill) (Pub. L. 113-79) amended the IRP’s authorization by moving it from Health and Human Services authority to under the Consolidated Farm and Rural Development Act (ConAct) (7 U.S.C. 1922 et seq.). As a result, this impacted the requirements for the program. Though regulatory changes have been made to the program, the Intermediary Relending Program regulations have been implemented on an adhoc basis since inception of the program, causing disconnects and inconsistencies within the regulatory text. RBS will complete a holistic rewrite, clean up the regulations governing the program and remove inconsistencies thereby making the program more accessible to our customers.

The Rural Business-Cooperative Service (RBS) will modify the current regulation and follow up on the comments received under the 2011 interim rule (RIN-0570-AA80). The final rule changes are designed to make the program run more efficiently, allow a more user- friendly program, bring the regulation in line with other RBS programs and align the regulations to the new provisions authorized in the Agriculture Improvement Act of 2018 (2018 Farm Bill). The revisions will support the Interagency Task Force on Agriculture and Rural Prosperity (Rural Prosperity Task Force) established by Executive Order 13790.

The Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) established the Rural Microentrepreneur Assistance Program (sec. 6022). The 2008 Farm Bill mandated that the Secretary of Agriculture establish a program to make loans and grants to support microentrepreneurs in the development and ongoing success of rural microenterprises. The Act further mandated that entities will use funds borrowed from the Rural Business Service to make microloans of not more than $50,000 to rural microenterprises for eligible purposes; that the Agency will make grants to provide business-based training and technical assistance; and that the Agency will provide funding to improve the capacity of rural Microenterprise Development Organizations (MDOs) to provide services to rural microenterprise clients. Upon enactment of the 2008 Farm Bill, a committee was formed to discuss policy, implementation, and processes needed to move the program forward. In mid-January 2009, a listening forum was held at USDA. The object of the listening forum was to allow public comment regarding the statute and to obtain opinions regarding the implementation of the program. The proposed rule was published in October 2009, with a 45-day public comment period. Comments to the proposed rule were reviewed and incorporated into the interim rule which was published on May 28, 2010, with a 60-day comment period.

The Rural Business-Cooperative Service (RBS) will modify the current regulation and follow up on the 2011 interim rule with a final rule. The rule changes are designed to make the program run more efficiently, allow a more user- friendly program, bring the regulation in line with other RBS programs and align the regulations to the new provisions authorized in the Agriculture Improvement Act of 2018 (2018 Farm Bill).  The revisions will support the Interagency Task Force on Agriculture and Rural Prosperity (Rural Prosperity Task Force) established by Executive Order 13790.

This interim rule implements section 6025, Strategic Economic and Community Development under the Agricultural Act of 2014 (2014 Farm Bill). Unless the Agency provides otherwise, the Agency will reserve up to 10 percent of the funds appropriated to certain Rural Development (RD) programs each fiscal year to fund projects that support the implementation of strategic economic and community development plans across multi-jurisdictional areas. The programs from which funds will be reserved are community facility programs, water and waste disposal programs, and rural business and cooperative development programs. To be eligible for the reserved funds, projects must be first eligible for funding under the programs from which the funds are reserved. In addition, projects must be carried out solely in rural areas. Any reserved funding that is not obligated by June 30 of the fiscal year in which the funds were reserved will be returned to the programs regular funding accounts.  This action was issued under an interim final.  The Agency has decided to let that interim final stand and there will be no further action taken.

The regulation will cover servicing actions associated with the Telecommunications Infrastructure Loan Program, Broadband Access Loan and Loan Guarantee Program, Distance Learning and Telemedicine Program, and Broadband Initiatives Program (hereinafter collectively referred to as the "RUS Telecommunications Programs").

Rural Development will combine into a single regulation its four guaranteed loan programs: 1) Water and Waste Disposal, 2) Community Facilities, 3) Business and Industry, and 4) Rural Energy for America. The new regulation will encompass the policies and procedures for guaranteed loan making and servicing, lender reporting, and program monitoring. The proposed action will enable Rural Development to simplify, improve, and enhance the delivery of these four guaranteed loan programs, and better manage the risks inherent with making and servicing guaranteed loans and will result in an improved customer experience for lenders trying to access these programs. This new structure will also make it more efficient and faster to promulgate regulations associated with amending existing programs or incorporating newly authorized programs in the future.

Through this regulation, Rural Development will include statutory changes to implement sections 6103, 6402, 6418, 9001 and 9007 of the Agriculture Improvement Act of 2018 (2018 Farm Bill).

• Section 6103 provides for refinancing of a debt obligation of a rural hospital as an eligible loan purpose for guarantees.

• Section 6402 expands the population cap for guaranteed lending for the Water and Waste program and the Community Facilities program to 50,000.

• Section 6418 provides that Rural Development may charge and collect fees in such amounts as to bring down the costs of subsidies of a guaranteed loan.

• Section 9001 amends the definition of "renewable energy system" to include other components and ancillary infrastructure of a system, such as a storage system.

• Section 9007 allows loan guarantees for the purchase and installation of energy efficient equipment or systems for agricultural production or processing for agricultural producers only.

The Rural Utilities Service (RUS) will issue a new regulation that will implement the Rural Energy Savings Program (RESP) authorized under section 6407 of the 2002 Farm Bill, as amended. RESP helps rural families and small businesses achieve cost savings by providing loans to qualified consumers to implement durable cost-effective energy efficiency measures. 

The USDA, through the Rural Utilities Service (RUS), provides RESP loans to eligible entities that agree to, in turn, make loans to qualified consumers for the purpose of implementing energy efficiency measures. These loans are made available under the authority of section 6407. Eligible energy efficiency measures must be for, or at, a property or properties served by a RESP borrower, using commercially available technologies that would allow qualified consumers to decrease their energy use or costs through cost-effective measures. Loans made by RESP borrowers under this program may be repaid through charges added to the qualified consumer’s bill for the property or properties for, or at which, energy efficiency measures are or will be implemented. The purpose of the program is to help rural families and small businesses achieve cost savings by providing loans to qualified consumers to implement durable cost-effective energy efficiency measures.

RUS will amend existing regulation 7 CFR 1738 to implement the statutory changes to title VI as required by the 2018 Farm Bill. The statutory changes affecting 7 CFR 1738 are found in various sections of title VI of the 2018 Farm Bill, including sections 6201, 6205, 6207, 6208, 6209 and 6212. The changes to title VI include but are not limited to amendments to the program’s current grant funding; priority consideration; project eligibility; broadband service requirements; broadband build out requirements; program funding instruments; technical assistance and training; treatment of outdated broadband systems; public notice, assessment and reporting requirements; environmental reviews; use of loan proceeds for refinancing; and Federal broadband program coordination.

The Agriculture Improvement Act of 2018 (2018 Farm Bill) made mandatory changes to several programs administered by the Water and Environmental Programs of the Rural Utilities Service.  This final rule will modify 7 CFR Parts 1775, 1776, and 1778 to adopt the statutory changes of the 2018 Farm Bill, including:

Section 6404 Rural Water and Wastewater Technical Assistance and Training (TAT) Grant Program

Section 6407 Emergency and Imminent Community Water Assistance Grant Programs

Section 6409 Rural Decentralized Water Systems

In addition, it will update the definition of Rural or Native Villages in Alaska in 7 CFR 1784 to bring it in conformance with Section 306D of the Consolidated Farm and Rural Development Act (CONACT).

This final rule will implement the statutory changes made to Titles II and IV of the Rural Electrification Act of 1936 (RE Act) by the Agriculture Improvement Act of 2018, Pub. L. 115-334 (2018 Farm Bill).

The Rural Telephone Loan Program finances the improvement, expansion, construction, acquisition, and operation of telephone lines, facilities, or systems to furnish and improve telephone service in eligible rural areas.

RUS is proposing to publish a final rule with comment period to amend existing program regulations in 7 CFR Parts 1735, and 1737, and to implement the multiple statutory changes to Title II as required by the 2018 Farm Bill.

The Agriculture Improvement Act of 2018 (2018 Farm Bill) made mandatory changes to several programs administered by the Electric Program of the Rural Utilities Service.  The final rule will make revisions to 7 CFR parts 1710, 1720, and 1785 to adopt the statutory changes made by the 2018 Farm Bill, including:

SEC. 6501. Amendments to Section 2 of the Rural Electrification Act of 1936 (a) Electric Loan Refinancing
SEC. 6503. Cushion of Credit Payments Program
SEC. 6505. Guarantees for Bonds and Notes Issued for Electrification or Telephone Purposes
SEC. 6507. Cybersecurity and Grid Security Improvements

The Rural Utilities Service (RUS) will issue a Final Rule to remove programs from the Code of Federal Regulations (CFR) that were repealed by the 2018 Agriculture Improvement Act (2018 Farm Bill). The statutory changes in sections 6601, 6602 and 6603 of title VI of the 2018 Farm Bill affect 7 CFR parts 1600 and 1610, 7 CFR part 1740, and 7 parts CFR 2200 and 2201. These parts of the CFR will be removed and any references to the Rural Telephone Bank in remaining RUS regulations will be removed.

The Rural Utilities Service (RUS) will streamline its procedures for Electric Program borrowers, including its loan application requirements, approval of work plans and load forecasts, use of approved contracts and system design procedures. Additionally it will delete unnecessary CFR sections. Changes and deletions would be made to 7 CFR 1710, 1714, 1724, 1726, and 1728.

The intent of RUS is to streamline and make more efficient the requirements for applying for Electric Program loans and to streamline its pre- and post-loan procedures. The goal is to (1) Reduce the regulatory burden on Electric Program borrowers, (2) ensure that loan funds will be repaid in the time agreed upon, and (3) that the RUS loans remain adequately secured during such time. These actions will also reduce the burden on RUS Electric Program staff by reducing the time and resources required to review routine or unnecessary documents. RUS expects that these actions will enhance RUS and customer efficiency, thereby increasing customer satisfaction and service.

These changes will positively affect the RUS Electric borrower experience and enhance RUS customer service. It will remove unnecessary and burdensome requirements imposed on the electric borrowers and applicants. It should minimize the burden of applying for loans made or guaranteed by RUS. The change should facilitate the lending for construction of rural electric infrastructure

This action will allow the Agency Administrators for Rural Development (RD) infrastructure programs the authority to exercise some flexibility on when funds can be obligated for rural infrastructure projects.

The modification of the existing regulation will allow the RD Administrators to move forward with obligations conditioned upon the completion of environmental review for infrastructure projects . The change will also give applicants, and the communities they represent, especially those loan and grant awardees facing economic challenges or extremely short construction seasons, some comfort to proceed with an economic development strategy including the planning process associated with NEPA, without fear that funds will be unavailable after the NEPA process is completed. With the change in place, RD can more fully execute the government's goals to speed the initiation of infrastructure projects and encourage planned community economic development without additional cost to taxpayers or change to their environmental review requirement. The regulation will now clearly provide that funds may be obligated with the release of funds contingent upon the completion of the environmental review process.”

The Rural Housing Service published a proposed rule (68 FR 32872) on June 2, 2003, to streamline and consolidate 14 regulations into 7 CFR 3560, which sets forth requirements, policies, and procedures for originating, processing, and servicing Rural Development's Multi-Family Housing (MFH) direct loans and grants. The programs covered by this part are authorized by title V of the Housing Act of 1949. The Center for Immigration Studies and the U.S. Department of Homeland Security estimated in 2009 that the illegal population was 10.96 percent of the total population. An interim rule was published on November 26, 2004 (69 FR 69032-69176); to implement those changes with an effective date of February 24, 2005. The Agency published in the Federal Register on February 22, 2005 (70 FR 8503), to indefinitely delay the effective date of specific words in quotes in the following specific sections: sections 3560.152(a)(1) "Be a United States citizen or qualified alien, and"; 3560.154(a)(7) ". . . and a certification that the applicant is a U.S. citizen or a qualified alien as defined in section 3560.11 . . ."; 3560.156(c)(12) ". . . their citizenship status, . . ."; and 3560.254(c)(3) "Whose head of the household is a U.S. citizen or a legal alien as defined in section 3560.11." The interim final rule contained requirements regarding citizenship eligibility about which the Agency received several comments. The comments suggested that Agency procedures unnecessarily imposed more requirements than those required under the Department of Housing and Urban Development (HUD) procedures for similar programs. RHS plans to publish a proposed rule to implement the citizenship requirements and to harmonize RHS's requirements with those currently established by HUD.

RHS will issue a proposed rulemaking to set forth the design features of the Rural Development Voucher Program, including the eligibility of tenants, the inspection of the housing units, and the calculation of the subsidy amount.  A rule will provide clarity of policy and provide consistency in program implementation. Since Fiscal Year 2006, the U.S. Department of Agriculture has received funding for its Rural Development Voucher Program as authorized under section 542 of the Housing Act of 1949, as amended (42 USC 1490r). Under section 542, the voucher offers assistance to very low-income families and persons residing in rental housing in rural areas. This program has been operating since 2006 using a Notice of Funding Availability (NOFA) published annually in the Federal Register incorporating the supplemental appropriation requirements.

On August 13, 2013, RHS published a nonsignificant proposed rule in the Federal Register. The proposed rule added subpart Q to 7 CFR 3560, specifically for the Voucher Program. A sixty-day comment period was provided that ended October 15, 2013 (78 FR 49374- 49379). Significant time has passed since the initial publication of the proposed rule. RHS proposes to submit a subsequent proposed rule to issue permanent regulations that reflect the statutory provisions in section 542 of the Housing Act of 1949, as amended. This proposed rule will also provide procedural guidance for the Rural Development Voucher Program.

Rural Housing Service is proposing to revise 7 CFR 3550 which outline the requirements of the Direct Single Family Housing (SFH) programs. Since the reengineering and reinvention of the direct SFH program in 2003, revisions to make improvements have been limited. Through this action, the Rural Housing Service is proposing to reduce regulatory burdens in 7 CFR 3550, enhance program delivery, and customer service, promote consistence with the guaranteed SFH loan program where feasible, and reflect current housing market conditions and mortgage loan practices.

Section 538 of the Housing Act of 1949, as amended (42 U.S.C. section 1490p-2), authorizes the Secretary of Agriculture to charge certain fees to lenders for loan guarantees to offset costs associated with loan guarantees.

Changes to the initial and annual guarantee fees will be established by the Agency and will be published in a Notice in the Federal Register.  The Agency's implementing regulation at 7 CFR 3565 currently sets the exact amount of the initial guarantee fee and the annual guarantee that is being charged by the Agency.

The Rural Housing Service (RHS) published a proposed rule on June 2, 2003 [68 FR 32872], to streamline and consolidate 14 regulations into 7 CFR 3560.  Part 3560 sets forth requirements, policies, and procedures for originating, processing, and servicing Rural Development's Multi-Family Housing (MFH) direct loans and grants. The programs covered by this part are authorized by Title V of the Housing Act 1949, as amended. An interim rule was published on November 26, 2004 [69 FR 69032 - 69176] to implement those changes, with an effective date of February 24, 2005.

This proposed rule will amend the interim rule in order to 1) implement programmatic changes related to development of a sustainability plan for the Rental Assistance (RA) Program, including new Agency flexibilities in managing the RA distribution; 2) integrate new asset management policies; and 3) incorporate technical corrections to clarify reference and formatting issues in the regulation.

The plans to consolidate and update three regulations governing Community Facilities Loans and Grants programs, 7 CFR 1942, subpart A and C, and 7 CFR 3570, subpart B, into a new regulation, 7 CFR 3570, subpart A. This new regulation will be used to administer the Community Facilities Direct Loan and Grant programs as well as incorporate the Tribal College and Economic Impact Initiative Grant programs. The proposed action will update scoring priorities to reflect current needs in rural America and make pre-applications optional for small ($500,000 or less) projects. It will also update audit requirements in accordance with the latest OMB directives and incorporate the Agriculture Improvement Act of 2018 (2018 Farm Bill) changes necessary.

The final rule would continue the Agency's efforts to improve and enhance the risk management of the single family housing guaranteed loan program.  By eliminating the property marketing period prior to claim settlement, transactional data is reduced, thereby reducing the likelihood of improper payments. The amendment to the existing rule would give lenders the authority to assist the Agency in making the process more efficient and thus increasing the taxpayer savings by allowing the Customer Service Center to concentrate on other stages of the liquidation process.

Rural Development will issue a Final Rule with comment to implement section 6301 of the Agriculture Improvement Act of 2018 (2018 Farm Bill).

The rule will establish a new part to outline the policies and procedures that communities must follow in order to request exclusion of populations incarcerated on a long-term or regional basis, as well as the first 1,500 individuals residing in housing on military bases, from the rural area determination for purposes of qualifying for authorized RD programs that use the Consolidated Farm and Rural Development Act’s definition of rural.  The regulation will include required information that the agency will accept to document such population exclusions.

The Rural Housing Service delegation of this loan approval authority to preferred lenders, i.e., those whose loans have performed well and demonstrated strong underwriting capability, would benefit the program and its stakeholders.  Preferred lenders would be responsible for certifying that both the applicant and property meet all program eligibility and underwriting requirements and thus are eligible for the guarantee, without the prior review by agency staff which takes place today. This would speed up approval processing times, benefiting applicants, preferred lenders, and the Agency. The change to delegated authority would alter the risk management dynamics of the program, and the agency should move forward in a manner that assures its risk profile for the program does not increase.

Rural Development (RD) provides federal financial assistance to rural communities through its housing, community, and business programs on an equal opportunity basis. RD is responsible for ensuring non-discrimination for persons and entities in activities conducted by the USDA and for ensuring non-discrimination in its federally assisted programs and activities. This rule will cover all those items that are specific to RD and not already addressed in 7 CFR Part 15. 

This proposed rule will update policies and procedures for implementing the regulations of the Department of Agriculture issued pursuant to Title VI of the Civil Rights Act of 1964, title VIII of the Civil Rights Act of 1968, Executive Order 11246 and the Equal Credit Opportunity Act of 1974, as they relate to the USDA Rural Development or its successor agency under Public Law 103-354. Nothing herein shall be interpreted to prohibit preference to American Indians on Indian Reservations.

This final rule would ease the financial costs of interim construction financing to the lender, define the maximum allowable interest rate for interim construction financing, and remove the need for loan modification or re-amortization once construction is complete.

On December 17, 2018, Rural Housing Service published a proposed rule in the Federal Register (83 FR 64488). The Agency proposed to  revise 3565.3 definitions and 3565.4 availability of assistance of 7 CFR part 3565 to eliminate annual Notice of Funding Availability (NOFA) requirement. Additionally, Rural Development proposed to  remove all references to the NOFA in other various sections of part 3565. The purpose of this revision is to allow the Agency to accept and start processing applications without the yearly contingency of the publication of the NOFA. The Rural Housing Service would like to streamline the operations of this program and accept applications throughout the year, rather than just in response to an annually published Notice.  Accepting applications on a continuous cycle will provide consistency to the programs constituency and allow the program to serve rural residents faster and more efficiently. This revision is also needed to streamline application processing. The objective of this revision is to provide the program with sufficient time to process all applications to prevent the loss to applicants of other sources of financing that may be leveraged for the development of Section 538 properties.  Additionally, both Empowerment Zones and Enterprise Communities Initiatives have expired, so reference to those initiatives will also be removed.

Rural Development will revise section 3565.4 availability of assistance, of 7 CFR part 3565 in regard to the NOFA.  Additionally, Rural Development will remove all reference to the NOFA in other various sections of part 3565 in this final rule.

The Rural Housing Service (RHS) proposes to revise the definition of very low-, low-, and moderate-income in 7 CFR 3550.10 and make a corresponding change to the definition of low-income in 7 CFR 3555.10 to allow for income banding of all income categories within the single family housing programs.

Revise 7 CFR 3550.54(d) net family assets rural area to be in accordance with section 6305 of the Agriculture Improvement Act of 2018 (Farm Bill) and revise the definition of "very low."

Revise the methodology used to determine the area loan limits in 7 CFR 3550.63(a) to use a percentage(s) of the applicable local HUD section 203(b) limit as determined by the streamline this annual process and improve the reliability of the data set used to establish the area loan limits. This proposed action will also save the Agency more than $70,000 each year (which is the cost to obtain the construction cost data set from a nationally recognized residential cost provider).  The current process to annually establish the area loan limits uses a data set based on limiting nationalized parameters and requires a significant amount of staff time on all levels (field, state, and national). 

Revise 7 CFR 3550.68(b)(2) resulting from the income banding to state that a borrower currently receiving payment assistance method 1 will be converted to payment assistance method 2 should they receive a subsequent loan.  

The Food Security Act of 1985, as amended, requires producers participating in many programs administered by the United States Department of Agriculture (USDA) to abide by certain conditions on any land owned or farmed that is highly erodible or that is considered a wetland, hereafter "conservation compliance provisions."  Producers participating in these programs and any person or entity considered to be an "affiliated person" of the producer are subject to these conservation compliance provisions.  The current regulations for conservation compliance are set forth at 7 CFR part 12. Conservation compliance requires producers to apply a conservation system if they plant annually tilled crops on highly erodible soil and prohibits producers from planting an agricultural commodity on a converted wetland or converting a wetland to make possible the production of an agricultural commodity. The last update to 7 CFR part 12 was completed in 2015, in accordance with the amendments made by sections 2609 and 2611 of the Agricultural Act of 2014, which relinked eligibility for USDA crop insurance premium subsidies with the conservation compliance provisions. USDA seeks to make minor changes to 7 CFR part 12 related to how USDA makes wetland determinations under the conservation compliance provisions to ensure that the regulations are consistent with the current technical standards being applied.                                                                                                              

ACEP provides financial and technical assistance to help conserve agricultural lands and wetlands through easements. The ACEP regulations are being revised to be consistent with the changes the Agriculture Improvement Act of 2018 (2018 Farm Bill) makes to subtitle H of title XII of the Food Security Act of 1985.

The regulatory changes include the following to be consistent with the 2018 Farm Bill changes:  (1) Specify the criteria by which the Secretary may enter into a legal arrangement with an eligible entity that is pursuing a "Buy-Protect-Sell" transaction, (2) modify the non-Federal share contribution requirements provided by the eligible entity, remove the requirement that 50 percent of the non-Federal share be provided by cash resources of the eligible entity, and determine the extent to which the non-Federal share can be comprised by other sources, such as a qualified charitable donation by the landowner; (3) specify the existing policy of the Secretary to adjust ranking and evaluation criteria for geographic differences and to give priority to applications that maintain agricultural viability; (4) introduce additional terms and conditions that may be included in the agricultural land easement deed; (5) specify the existing policy of the Secretary to ensure that a Reserve Grazing Rights Wetland Reserve Easement complies with a grazing management plan, which must be reviewed and modified as needed every 5 years, (6) Identify the criteria under which NRCS may authorize the restoration of the easement area to hydrologically appropriate native vegetative communities or alternative naturalized vegetative communities, subject to certain requirements, and (7) Incorporate changes to NRCS’s modification, subordination, exchange, or termination of ACEP easements.

The Agriculture Improvement Act of 2018 (2018 Farm Bill) moved CSP from subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 to a new subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985, and then repealed subchapter B of chapter 2 as amended.

The regulatory changes include the following to be consistent with the 2018 Farm Bill changes:  (1) Confirms validity of CSP contracts entered into prior to 2018 Farm Bill enactment, authorizes the ability to extend contracts that are due to expire on or before December 31, 2019, and authorizes renewal of such contracts through the new CSP authority; (2) defines new terms and adjusts existing terms, such as expanding the definition of "conservation activities” and defining the term "stewardship threshold” and "advanced grazing management”; (3) simplifies CSP ranking criteria and requires that both new contracts and contract renewals be ranked based on those criteria; (4) provides opportunity for participants to renew their contracts in the first half of the fifth year of the 5-year contract.

The interim rule will make minor changes in the regulations that are consistent with the changes made by the 2018 Farm Bill for EQIP. The regulatory changes are being made in 7 CFR part 1466. The changes relate to practices eligible for increased payments, payments for water conservation and system efficiency, incentive contracts, addressing weather volatility and drought resiliency measures, advance payments, payment limitations, and Conservation Innovation Grants.

The rule will make minor changes in the regulations that are consistent with the changes made by the 2018 Farm Bill for several conservation programs. The NRCS regulations being changed are: State Technical Committees, Watershed Protection and Flood Prevention, Healthy Forests Reserve Program, Technical Service Provider, and Voluntary Public Access-Habitat Incentives Program. The rule is necessary to implement mandatory changes made by the 2018 Farm Bill to update the regulations to be consistent with the law. The final rule will address comments received on the interim rule.

NRCS is establishing RCPP through a new regulation as authorized by 2018 Farm Bill. RCPP was first authorized in the Agricultural Act of 2014 to enhance conservation and restoration on a regional or watershed scale. RCPP promotes coordination between NRCS and its partners to help producers and landowners increase the restoration and sustainable use of soil, water, and wildlife on a regional or watershed scale. The 2018 Farm Bill reauthorizes RCPP and makes significant changes to how the program is funded, introduces RCPP contracts, changes the funding pool” mechanism, streamlines the program, allows project renewals, expands activity eligibility, and makes other changes.

NRCS published in the Federal Register on January 15, 2009, an interim rule with request for comment amending the program regulations for the Environmental Quality Incentives Program (EQIP). EQIP assistance promotes agricultural production and environmental quality as compatible goals, and strives to optimize environmental benefits. Through EQIP, the Commodity Credit Corporation provides flexible technical, financial, and educational assistance to producers to install and maintain conservation systems that enhance soil, water, air quality, related natural resources, and wildlife habitat while sustaining production of food and fiber.  The interim rule incorporated programmatic changes authorized by the Food, Conservation, and Energy Act of 2008 (2008 Act), and made other administrative adjustments.  NRCS published a correction to the interim rule on March 12, 2009, to correct language regarding the application of the payment limitation to joint operations.  An interim rule amendment was also published on May 29, 2009, to expand the exception for conservation practices on public land.

Wetlands have long been recognized as critical to enhancing water quality and providing habitat for fish and wildlife.  They provide a protective buffer for our towns and cities against floods and storm surges.  Wetlands are the habitat for hundreds of species and connect aquatic and terrestrial ecosystems.  The Nation's wetlands provide an array of benefits to society and affect the Nation's economic, ecological, and cultural heritage.  The Wetlands Reserve Program (WRP) is a voluntary program that provides technical and financial assistance to eligible landowners to restore and protect wetlands.  Protecting wetlands provides wildlife habitat, as well as enhancement of soil, water, plants, and related natural resource concerns.  Floodplain forests, prairie potholes, and coastal marshes are among the wetlands restored through WRP.  WRP was repealed by the Agricultural Act of 2014.

In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are soliciting public comment regarding the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. Accordingly, we are soliciting public comment on the current list of select agents and toxins in our regulations and suggestions regarding any addition or reduction of the animal or plant pathogens currently on the list of select agents.

This rulemaking would amend the regulations pertaining to the domestic quarantine notices to remove all pine shoot beetle (PSB) quarantined areas and all Federal regulatory requirements related to the import and movement of PSB and associated host material. We have prepared an analysis of regulatory options, which we are making available for public review and comment, that evaluates the effectiveness of the regulatory program in slowing the spread of the pest and reducing damages. This action would provide flexibility to the States as they manage PSB, would allow Federal resources spent on this program to be allocated elsewhere, and would remove PSB-related interstate movement restrictions on PSB regulated articles.

We are proposing to amend the regulations governing the National Poultry Improvement Plan (NPIP) by updating and clarifying several provisions, including those concerning NPIP participation, voting requirements, testing procedures, and standards. These proposed changes were voted on and approved by the voting delegates at the NPIP’s 2018 National Plan Conference. 

APHIS is proposing to revise the domestic quarantine regulations for plant pests to remove the lists of quarantined areas from the CFR and place them on the APHIS Plant Protection and Quarantine (PPQ) website. APHIS is also proposing to remove lists of regulated articles from the domestic quarantine regulations and place them on the PPQ website. Changes to the lists would be announced through notices published in the Federal Register.

This proposed rule would amend the Animal Welfare Act regulations by removing the requirement that research facilities update their registration every 3 years; removing the requirement that research facilities request an inactive status; clarifying the duration of a registration and conditions for termination; replacing the requirement for continuous review of research animal use activities with a complete review of IACUC approved protocols at 3-year intervals; and removing the requirement that the Institutional Official or CEO sign the annual report.

APHIS is proposing to revise its national Brucellosis eradication program. Currently, the program assigns statuses to States based on the prevalence of brucellosis within the State. The current statuses in the classification system are, from highest to lowest: Class Free, Class A, and Class B. APHIS is proposing a new classification system in which States would be assigned statuses based on whether a State is consistent or inconsistent with regard to standards contained in a Program Standards document regarding surveillance, epidemiological investigations, and affected herd management. In addition, APHIS proposes to remove the list of brucellosis State classifications for both the cattle and bison and swine programs from the CFR and move the list to the APHIS website, and to revise conditions for interstate movement of cattle, bison, and swine to reflect the new State classification system. Finally, APHIS is proposing to align vaccination and branding requirements in the regulations with current operational practices.

We are amending the regulations governing the importation of animals and animal products to revise conditions for the importation of live sheep, goats, and certain other non-bovine ruminants, and products derived from sheep and goats, with regard to transmissible spongiform encephalopathies such as bovine spongiform encephalopathy (BSE) and scrapie. We are removing BSE-related import restrictions on sheep and goats and most of their products, and adding import restrictions related to transmissible spongiform encephalopathies for certain wild, zoological, or other non-bovine ruminant species. The conditions we are adopting for the importation of specified commodities are based on internationally accepted scientific literature and will, in general, align our regulations with guidelines established in the World Organization for Animal Health's Terrestrial Animal Health Code.

The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. The declaration requirement of the Lacey Act became effective on December 15, 2008, and enforcement of that requirement is being phased in. We are amending the regulations to establish an exception to the declaration requirement for products containing a minimal amount of plant materials. This action would relieve the burden on importers while continuing to ensure that the declaration requirement fulfills the purposes of the Lacey Act.

We are amending the regulations governing the importation of cattle and bison with respect to bovine tuberculosis and brucellosis. The changes will make these requirements clearer and assure that they more effectively mitigate the risk of introduction of these diseases into the United States.

This rulemaking will amend the licensing requirements under the Animal Welfare Act regulations to promote compliance, reduce licensing fees, and strengthen existing safeguards that prevent individuals and businesses who have a history of noncompliance from obtaining a license or working with regulated animals. This action reduces regulatory burden with respect to licensing and more efficiently ensures licensees’ sustained compliance with the Act. This rulemaking strengthens the veterinary care and watering standards for regulated dogs to better align the regulations with the humane care and treatment standards set by the Animal Welfare Act.

We are amending the regulations governing the National Veterinary Accreditation Program by clarifying the veterinary programs for which accredited veterinarians are authorized to perform duties under the Animal Health Protection Act. We are also adding and revising certain definitions and terms used in the regulations. These changes will update the program regulations.

This rulemaking will establish standards that will allow APHIS to recognize compartments for animal disease status consistent with World Organization for Animal Health (OIE) international standards. APHIS’ compartment recognition process will be similar to its recognition process for regions, contained in 9 CFR part 92, which includes information requirements for evaluating the animal health status of a region for which a market access request has been submitted. Under this rule, APHIS will perform a risk assessment to evaluate the animal health status of a compartment. If after conducting the evaluation, APHIS deems the risk of importing animals or animal products from the compartment to be acceptable, APHIS will publish a Federal Register notice with risk documentation for public review and comment.

APHIS will consolidate the regulations governing diagnostic laboratory approval authorities into a single regulation and establish a set of standard procedures by which APHIS will conduct all future diagnostic laboratory approvals. The consolidated regulations will provide consistent inspection protocols, proficiency testing methods, quality system guidelines, and definitions. This will also facilitate the approval of additional laboratories in emergency situations. The consolidated regulations will serve to simplify regulatory oversight and compliance.

APHIS is revising its regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms in order to update the regulations in response to advances in genetic engineering and APHIS' understanding of the plant health risk posed by genetically engineered organisms, thereby reducing the burden for regulated entities whose organisms pose no plant health risks.

This rulemaking will revise the criteria for regulating and deregulating domestic quarantined areas for pale cyst nematode (PCN) and make the protocol for regulating and deregulating fields available for public review and comment. The regulations would specify that fields will be designated as PCN-infested or associated with PCN-infested fields and removed from quarantine in accordance with the protocol document, indicate where on the Internet the protocol document may be found, and specify that APHIS will publish notices in the Federal Register, with an opportunity for public comment, whenever APHIS proposes to change the protocol document.

This rulemaking will amend the Swine Health Protection Act regulations by removing the State status lists from the regulations in order to maintain these lists on the Agency’s website. These changes will allow us to use a notice-based, streamlined approach to update the lists while continuing to protect swine health in the United States.

This rulemaking will amend the fruits and vegetables regulations to allow the importation of commercial consignments into the continental United States of fresh pomegranate fruit from Turkey. As a condition of entry, fresh pomegranate fruit from Turkey will have to be produced in accordance with a systems approach that will include grove registration, sanitation, and pest control measures; packinghouse registration and procedures designed to exclude quarantine pests; cold treatment; and procedures for packing, storing, and shipping the pomegranate fruit. In addition, consignments will have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Turkey. This action will allow for the importation of fresh pomegranates from Turkey into the continental United States while continuing to provide protection against the introduction of plant pests.

This rulemaking would amend the fruits and vegetables regulations to allow the importation into the continental United States of commercial consignments of five species of fresh citrus fruit from China. As a condition of entry, the citrus fruit would have to be produced in accordance with a systems approach that includes requirements for registration of places of production and packinghouses, sourcing of pest-free propagative material, inspection for quarantine pests at set intervals by the national plant protection organization (NPPO) of China, bagging of fruit, safeguarding, post-harvest processing and sampling, and importation in commercial consignments. Additionally, it would require places of production to trap for several species of Bactrocera fruit flies, and would require the fruit to be treated for those species of fruit flies. In addition, consignments would have to be accompanied by a phytosanitary certificate issued by the NPPO of China that declares that the conditions for importation have been met and that the consignments have been inspected and found free of quarantine pests. Finally, the NPPO of China would have to provide an operational work plan to the Animal and Plant Health Inspection Service of the United States Department of Agriculture that details the activities that the NPPO of China will carry out to meet these requirements. This proposed rule would allow for the importation of fresh citrus from China into the continental United States while providing protection against the introduction of plant pests.

This rulemaking will amend the fruits and vegetables regulations to allow the importation of several varieties of fresh citrus fruit, as well as citrus hybrids, into the continental United States from areas in the Republic of South Africa where citrus black spot has been known to occur. As a condition of entry, the fruit will have to be produced in accordance with a systems approach that includes shipment traceability, packinghouse registration and procedures, and phytosanitary treatment. The fruit will also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization of the Republic of South Africa with an additional declaration confirming that the fruit has been produced in accordance with the systems approach. This action will allow for the importation of fresh citrus fruit, including citrus hybrids, from the Republic of South Africa while continuing to provide protection against the introduction of plant pests into the United States.

This rulemaking will amend the regulations to allow the importation of fresh apple and pear fruit from certain countries of the European Union into the continental United States, provided that the fruit is produced in accordance with a systems approach, as an alternative to importation under the current preclearance program. The systems approach for fresh apple and pear fruit consists of production site and packinghouse registration, inspection of production sites, production site pest control and sanitation, post-harvest safeguards, fruit culling, traceback, sampling, cold treatment against Mediterranean fruit fly in countries where the pest is known to occur, a phytosanitary certificate, port of entry inspection, and importation as commercial consignments only. Fresh apple and pear fruit that does not meet the requirements of the systems approach will continue to be allowed to be imported into the United States from certain countries of the European Union subject to the conditions of the preclearance program currently in the regulations. This action will provide an alternative for the importation of fresh apple and pear fruit from certain countries of the European Union while continuing to provide protection against the introduction of plant pests into the continental United States.

This rulemaking will amend the regulations concerning the importation of fruits and vegetables to allow the importation of fresh raspberry fruit from Morocco into the continental United States. As a condition of entry, the raspberries will have to be produced under a systems approach employing a combination of mitigation measures for the quarantine pest Monilinia fructigena and will have to be inspected prior to exportation from Morocco and found free of this pest. The raspberries will have to be imported in commercial consignments only, produced at registered places of production, and field inspected for signs of Monilinia fructigena infection 30 days prior to harvest. The raspberries will also have to be accompanied by a phytosanitary certificate with an additional declaration stating that the conditions for importation have been met. Raspberry consignments will be subject to further inspection at the port of entry into the continental United States. This systems approach will allow the importation of raspberries from Morocco while continuing to protect against the introduction of plant pests into the United States.

We are proposing to amend the fruits and vegetables regulations to allow the importation of fresh cape gooseberry fruit from Ecuador into the continental United States. As a condition of entry, fresh cape gooseberry fruit from Ecuador would be subject to a systems approach while continuing to provide protection against the introduction of plant pests.

We are proposing to amend the regulations to allow the importation of fresh pummelo fruit from Thailand into the continental United States. As a condition of entry, fresh pummelo fruit from Thailand would be subject to a systems approach that would include irradiation treatment, packinghouse processing requirements, and port of entry inspection. The fruit would also be required to be imported in commercial consignments and be accompanied by a phytosanitary certificate issued by the national plant protection organization of Thailand. This action would allow for the importation of fresh pummelo fruit from Thailand while continuing to provide protection against the introduction of plant pests into the continental United States.

The Food, Conservation and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. The declaration requirements of the Lacey Act became effective on December 15, 2008, and enforcement of those requirements is being phased in. We are soliciting public comment on regulatory options that could address certain issues that have arisen with the implementation of the declaration requirement for composite plant materials. 

This rulemaking would amend the animal disease regulations to provide for a National List of Reportable Animal Diseases, along with animal disease reporting responsibilities, to streamline State and Federal cooperative animal disease eradication efforts. This action would enhance and consolidate current disease reporting mechanisms, and would complement and supplement existing animal disease tracking and reporting at the State level.

This rulemaking would remove the domestic quarantine regulations for the plant pest emerald ash borer. This action would discontinue the domestic regulatory component of the emerald ash borer program as a means to more effectively direct available resources toward management and containment of the pest. Funding previously allocated to the implementation and enforcement of these domestic quarantine regulations would instead be directed to a non-regulatory option of research into, and deployment of, biological control agents for emerald ash borer, which would serve as the primary tool to mitigate and control the pest.

We are proposing to amend the regulations that allow the importation of peppers from the Republic of Korea to increase the mesh size of the screening over vent openings from 0.6 mm to 1.6 mm, and to require the use of colored sticky traps as an additional measure for pest monitoring. We have determined that, when used alongside other mitigations in the regulations, there is no additional pest risk related to the change in mesh size. This action would modify the conditions under which peppers from the Republic of Korea may be imported into the continental United States while continuing to protect against the introduction of quarantine pests.

We are proposing to amend the fruits and vegetables regulations to allow the importation into the continental United States of fresh avocado fruit from continental Ecuador. As a condition of entry, fresh avocado fruit from continental Ecuador would have to be produced in accordance with a systems approach that would include production site registration, field sanitation, packinghouse procedures designed to exclude the quarantine pests, and procedures for packing, storing, and shipping the avocado fruit. The fruit would also have to be imported in commercial consignments, with each consignment identified throughout its movement from place of production to port of entry in the continental United States. The systems approach for all fresh avocado fruit from continental Ecuador, except Hass avocados, would also have to include production site pest control measures. Consignments would have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Ecuador certifying that the fruit was produced in accordance with the systems approach. This proposed rule would allow for the importation of fresh avocados from continental Ecuador into the continental United States while continuing to provide protection against the introduction of quarantine pests.

This advance notice of proposed rulemaking will solicit input from the public on defining the term bred for use in research to clarify an exclusion from the Animal Welfare Act’s definition of animal for birds, rats of the genus Rattus , and mice of the genus Mus that are bred for use in research.

We are revising our regulations regarding the movement of plant pests. We are also adding criteria to the regulations for the importation, interstate movement, and release of biological control organisms. This final rule also establishes regulations to allow the interstate movement of certain plant pests and biological control organisms without restriction by granting exceptions from permit requirements for those pests and organisms. Finally, we are revising our regulations regarding the importation and interstate movement of soil. This rule clarifies the points that we will consider when assessing the risks associated with the movement and release of certain organisms and facilitates the movement of regulated organisms and articles in a manner that protects U.S. agriculture.

We are proposing to amend the regulations governing approval of facilities that receive livestock moved in interstate commerce. We are also proposing several amendments to the conditions under which livestock may move to such facilities without official identification or prior issuance of an interstate certificate of veterinary inspection or alternative documentation.  These changes are necessary to update the regulations governing livestock marketing facilities, while also helping ensure animal disease traceability of livestock that are moved in interstate commerce to such facilities.

This proposed action would authorize the Agricultural Marketing Service to revise the regulations as a result of 2018 Farm Bill amendments to the U.S. Grain Standards Act. The revised regulations will allow designated official agencies to perform grain inspections outside their geographic areas under certain conditions.  

The Strengthening Organic Enforcement (SOE) rulemaking will address 2018 Farm Bill mandates. In summary, SOE will propose the following requirements that align with the Farm Bill:

• Limiting the types of operations in the organic supply chain that are not required to obtain organic certification;
• Imported organic products must be accompanied by an electronic import certificate to validate organic status;
• Import certificates will be submitted to the U.S. Customs and Border Protection’s Automated Commercial Environment (ACE);
• Certifying agents must notify USDA within 90 days of the opening of any new office that conducts certification activities; and,  
• Entities acting on behalf of certifying agents may be suspended when there is noncompliant activity.

This action would invite comments on proposed revisions to regulations issued under the Packers and Stockyards Act (P&S Act). The revisions would specify criteria the Secretary could consider in determining whether conduct or action by packers, swine contractors, or live poultry dealers constitutes an undue or unreasonable preference or advantage and a violation of the P&S Act.

The National List is a list of substances that can be used in organic farming, handling, and processing. This action would make two changes to the National List of Allowed and Prohibited Substances (National List) based on recommendations that the National Organic Standards Board (NOSB) submitted to the Secretary.  

AMS seeks to issue a final rule on the Origin of Organic Livestock. This action would include reopening the public comment period on a proposed rule published in April 2015 to allow for additional input prior to rule finalization. The final rule would clarify the requirements for transitioning nonorganic dairy animals to organic production.

This rule would change import reporting requirements to implement the use of electronic forms submissions and make other administrative changes to the reporting requirements.

This action will initiate a new part 990 establishing rules and regulations for the domestic production of hemp. This action is required to implement provisions of the Agriculture Improvement Act of 2018 (Farm Bill).