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None.

Audits:

Subject to audit by Office of the Inspector General, USDA. Records:

Records are maintained in the NRCS office and Federal record centers for a specified number of years.

FINANCIAL INFORMATION: Account Identification:

12-3318-0-1-304.

Obligations:

(Direct payments) FY 05 $0; FY 06 est $0; and FY 07 est $0. (Salaries and Expenses) FY 04 $354,465; FY 06 est $402,300; and FY 06 est $0. Range and Average of Financial Assistance:

The range has not been identified. Average: $20,000. PROGRAM ACCOMPLISHMENTS:

This program is operated in 6 project areas in 3 States (Colorado, Utah and Wyoming).

REGULATIONS, GUIDELINES, AND LITERATURE:

Guidelines are announced through the news media and in letters to agricultural producers in the county.

INFORMATION CONTACTS: Regional or Local Office:

Consult the local telephone directory for location of the local NRCS field office. If there is no listing, get in touch with the appropriate State NRCS office listed in the NRCS section of Appendix IV of the Catalog. Headquarters Office:

Natural Resources Conservation Service, Department of Agriculture, P.O. Box 2890, Washington, DC 20013. Telephone: (202) 720-1873. Use the same number for FTS.

Web Site Address:

http://www.nrsc.usda.gov.

RELATED PROGRAMS:

10.072, Wetlands Reserve Program; 10.064, Forestry Incentives Program; 10.902, Soil and Water Conservation; 10.904, Watershed Protection and Flood Prevention; 10.900, Great Plains Conservation; 10.912, Environmental Quality Incentives Program.

EXAMPLES OF FUNDED PROJECTS:

For the past several fiscal years, salinity control activities were funded under the Environmental Quality Incentives Program (EQIP). CRITERIA FOR SELECTING PROPOSALS:

The type and severity of salinity problems; the need to correlate on the farm conservation treatment with canal and lateral improvement; estimated cost; extent of the salinity problem; proximity to water bodies; land use charges; offsite effects; onsite environmental effects; other resource problems; seasonal nature of salinity reduction practices to be installed; applicants' ability to complete practices in the shortest time practical; and positive or negative effects on wildlife.

10.072 WETLANDS RESERVE PROGRAM

(WRP)

FEDERAL AGENCY:

NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT

OF AGRICULTURE

AUTHORIZATION:

Food Security Act of 1985, Title XII, Public Law 99-198, as amended; Food, Agriculture, Conservation, and Trade Act of 1990, Title XIV, Section 1237, Public Law 101-624, 104 Stat. 3584, 7 U.S.C. 3837, as amended; Omnibus Budget Reconciliation Act of 1993; Federal Agriculture Improvement and Reform Act of 1996; Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 1998 and Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2001. OBJECTIVES:

To restore and protect farmed wetlands, prior converted wetlands, wetlands farmed under natural condition, certain riparian areas, and eligible buffer areas for landowners who have eligible land on which they agree to enter into a permanent or long-term easement or restoration agreement contract with the Secretary. The goal of WRP to maximize wetland functions and values and wildlife habitat on every acre enrolled in the program. Total acreage enrollment limitation is 1,075,000 acres.

TYPES OF ASSISTANCE:

Direct Payments for Specified Use.

USES AND USE RESTRICTIONS:

Eligible landowners may offer farmed wetlands, prior converted wetlands, wetlands farmed under natural condition, intensively managed pasture and hayland riparian areas, along with eligible buffer areas to be placed under a permanent or 30-year easement or restoration agreement. A deed restriction covering the land approved under easement must be recorded in the local land deeds office. The landowner will receive financial and technical assistance to install necessary restoration practices on the land under easement or the practice will be installed by the Secretary. Subject to the acceptance of an offer by the Federal Government, the landowner will receive in cash an amount specified in the WRP contract based on the fair agricultural market value of the land or 75% of such value for a 30-year easement. The landowner shall ensure that the easement granted to Natural Resources Conservation Service (NRCS) is superior to the rights of all others and shall agree to implement a wetland restoration plan designed to restore and maintain the easement area. The plan will include a designated access route to be used as necessary for easement management and monitoring. The landowner shall agree to a permanent retirement of crop acreage bases, allotments, and quotas to the extent that the sum of the crop acreage bases and allotments will not exceed the remaining cropland of the present farm or subsequently reconstituted farm. In cases involving restoration participates receive restoration cost-share and assistance and no easement payment. ELIGIBILITY REQUIREMENTS: Applicant Eligibility:

An individual landowner, partnership, association, corporation, estate, trust, other business or other legal entities and, whenever applicable, a State, a political subdivision of a State, or any agency thereof owning eligible lands.

Beneficiary Eligibility:

An individual landowner, partnership, association, corporation, estate, trust, other business enterprises or other legal entities and, whenever applicable, a State, a political subdivision of a State, or any agency thereof owning private croplands will benefit.

Credentials/Documentation:

The landowner must have owned the land offered for at least the preceding 12 months prior to the end of the period in which the intent to participate in an easement is declared unless the land was acquired by will or succession as a result of the death of the previous owner; or the Department determines that the new owner did not acquire such land for the purpose of placing it in the WRP. This program is excluded from coverage under OMB Circular No. A- 87. The 12 month requirement is not applicable to restoration agreement.

APPLICATION AND AWARD PROCESS:

Preapplication Coordination:

An environmental impact assessment has been prepared for this program. This program is excluded from coverage under E.O. 12372. Application Procedure:

Submit an intention to enroll to the local NRCS office that serves the area in which the farm or ranch is located during the designated sign-up period. This program is excluded from coverage under OMB Circular Nos. A-102 and A-110.

Award Procedure:

The States will provide a list of potential acceptable offers and request for allocation of funds. The Department will allocate funding in a manner designed to achieve cost effectiveness and maximum wetland restoration based wildlife benefits. The States will notify the landowners of the status of their intention. This process will be completed as soon as practical after funding becomes available. For all tentatively accepted intentions a market analysis or appraisal of agriculture value will be conducted. The market analysis will be conducted by NRCS personnel with the assistance of other Federal, State and private entities having knowledge of market conditions. Appraisals will be done by certified appraiser. Deadlines:

None. The program operates under a continuous sign-up process. The intention to participate must be filed at the local NRCS office. Range of Approval/Disapproval Time:

From 60 to 180 days after the application is filed with the NRCS. Landowner application may remain on sign-up list for subsequent funding consideration.

Appeals:

Landowner may appeal any determination to the National Appeals

Division.

Renewals:

The land offered may be re-offered in a future sign-up unless land or
landowner is ineligible.

ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:

Lump sum payments or annual payments (e.g., five to thirty) are made for easements. Cost-share payments 100 percent of the cost of implementing the Wetland Restoration Plan will be paid for a permanent easement with 75 percent of permanent easement amounts being paid for 30-year easements and cost-share agreements.

Length and Time Phasing of Assistance:

Cash easement payments will be made in a lump sum amount, or in annual installments beginning at closing. Cost share payments for implementation of easement practices will be made when a specific practice has been implemented by either the landowner or contractor.

POST ASSISTANCE REQUIREMENTS:

Reports:

None.

Audits:

Recipients are subject to audit by the Office of Inspector General, USDA. Records:

Records will be maintained in the county NRCS office, State NRCS office and Federal Record Centers for the length of the agreement. The easement (deed restriction) and applicable documents will be filed in the local land records office for the duration of the easement. Agreements are filed with the Agency.

FINANCIAL INFORMATION:

Account Identification:

12-1080-0-1-302; 12-4336-0-1-302.

Obligations:

(Direct payments) FY 05 $223,897,600; FY 06 est $221,250,000; and FY 07 est $221,250,000. (Salaries and Expenses) FY 05 $27,024,800; FY 06

est $24,454,300; FY 07 est $24,454,300.

Range and Average of Financial Assistance:

Not applicable.

PROGRAM ACCOMPLISHMENTS:

None.

REGULATIONS, GUIDELINES, AND LITERATURE:

The program is announced through news media and in letters to agricultural landowners in the county. Regulations published in the Federal Register and 7 CFR XIV.

INFORMATION CONTACTS:

Regional or Local Office:

Consult the local telephone directory for location of the NRCS office. If no listing, contact the appropriate State NRCS office listed in the NRCS Section of Appendix IV of the Catalog.

Headquarters Office:

Watersheds and Wetlands Division, Natural Resources Conservation Service, Department of Agriculture, P.O. Box 2890, Washington, DC 20013. Telephone: (202) 690-0848. Use the same number for FTS. Web Site Address:

http://www.nrsc.usda.gov.

RELATED PROGRAMS:

10.069, Conservation Reserve Program; 10.904, Watershed Protection and Flood Prevention.

EXAMPLES OF FUNDED PROJECTS:

Not applicable.

CRITERIA FOR SELECTING PROPOSALS:

All offers are screened at both the local and State level to determine the acceptability of the intention to ensure that offers will not be accepted in excess of the value of agricultural land in its "as is" condition; and longterm costs for providing easement access route. Offers will be evaluated based on the environmental benefits and government expenditures on restoration and easement purchase and the requirement that wildlife benefits be maximized.

10.073 CROP DIS AS TER PROGRAM

(CDP)

FEDERAL AGENCY:

AUTHORIZATION:

The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2001, Public Law 106-387. OBJECTIVES:

The Acts authorizes the Secretary to provide disaster assistance to producers who suffered crop losses in the 2000 crop year because of adverse weather conditions. Disaster payment provisions apply if the crop could not be planted or production, both in quantity and quality, was adversely affected by: (1) Damaging weather, including drought, excessive moisture, hail, earthquake, freeze, tornado, hurricane, typhoon, volcano, excessive wind, excessive heat, or a combination thereof; or (2) related conditions of insect infestation such as grasshoppers and Mormon crickets, plant disease such as Pierce's disease and watermelon sudden wilt disease, or other deterioration of the crop, including aflatoxin, that is accelerated or exacerbated naturally because of damaging weather occurring before or during harvest.

TYPES OF ASSISTANCE:

Direct Payments with Unrestricted Use. USES AND USE RESTRICTIONS:

Assistance under the Crop Disaster Program will be available for: (1) 2000 crop losses on prevented planted acreage, reduced production of planted acreage, or reduced quality on certain crops; (2) value loss crops, including nursery and aquaculture. Direct financial compensation will be paid to producers with eligible crop losses greater than 35 percent compared to the historical average county yield or the producers actual production history (APH), whichever is greater. Persons with a gross revenue in excess of $2.5 million for the 1999 tax year are not eligible for benefits under the 2000 CDP. The payment limitation for 2000 CDP benefits is $80,000 per person. There are no use restrictions on the benefits received under this program.

ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:

Any producer that had a financial risk and received or would have received a share of the 2000 crop will be eligible for benefits, if all other requirements have been met. Eligible crops for the disaster program include: (1) NAP crops defined in FSA Handbook 1-NAP; (2) crops for which Federal crop insurance is available, regardless of whether insurance was purchased. The producer must be able to show, with verifiable evidence, that the producer had an interest in the commodity produced or had control of the crop acreage on which this commodity was grown at the time of the disaster, which is the basis for the application for payment. One of the following shall be obtained as determined by the FSA County Committee: (1) Copies of signed written lease; (2) copies of signed rental agreements; (3) copies of other legal documents showing land ownership or control; (4) statement signed by the landowner that the producer had control of the acreage; (5) statement signed by the operator or producer that the producer had control of the acreage on the farm. Highly Erodible Land and Wetland Restrictions apply to CDP benefits. If, subsequent to the disaster, an eligible producer is now deceased or is a dissolved entity, a representative of the deceased producer or dissolved entity may sign the CCC-557 application, if the representative currently has authority to enter into a contract for the producer.

Beneficiary Eligibility:

Any producer that had a financial risk and received or would have received a share of the 2000 crop will be eligible for benefits, if all other requirements have been met. Credentials/Documentation:

Producers shall provide production records for uninsured, noninsurable, and insured crops not meeting the loss threshold. Acceptable documentation includes verifiable and reliable records. Verifiable records are production records for an eligible crop must be submitted by the producer to support an application, or as required, to support a certification of production. Verifiable records of production include contemporaneous records provided by the producer that: (1) May be verified by FSA through an independent source; (2) are used to substantiate the amount of production reported; (3) verifiable records must be dated, show disposition of the crop's production, including quantity, and be crop specific for crops that are produced more than once in a calendar year. If verifiable records are not available, the producer shall provide reliable records documentation similar to copies of receipts, ledgers or income, income statements of deposit slips, register tapes, invoices for custom harvesting, and records to verify production input costs.

FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE

APPLICATION AND AWARD PROCESS:
Preapplication Coordination:

To prepare for the application procedure, the producer must provide evidence of the existence of the crop, certify to the disaster condition, and provide production totals to FSA. This program is excluded from coverage under E.O. 12372.

Application Procedure:

The application sign up period runs from January 18, 2001 through May 4, 2001 or such other date as may be announced. The following forms are required to apply for benefits under the Crop Disaster Program: CCC-557 2000 Crop Disaster Program Application; CCC-562 - Gross Revenue Certification Statement; CCC-561 - Contract to purchase Crop Insurance; AD-1026 - Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification (if one is not already on file); CCC-502 Farm Operating Plan for Payment Eligibility Review (if one is not already on file); FSA-578D - Acreage Report (if one is not already on file for noninsured crops).

Award Procedure:

The CDP provides a one-time payment for 2000 crop disasters. Deadlines:

The deadline for applications under the 2000 Crop Loss Disaster Program was May 4, 2001 or such other date as may be announced. Range of Approval/Disapproval Time:

FSA County Offices were authorized to make payments under this program upon publication of the regulations in the Federal Register. Appeals:

All producers receiving adverse decisions regarding their application under the disaster program are afforded appeal rights at several levels culminating at the National Appeals Division, which is a separate entity apart from the Farm Service Agency.

Renewals:

Not applicable.

ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:

Eligible producers must have suffered 2000 crop losses in excess of 35%. Crop losses above 35% will be eligible for assistance at 65% of the county crop table price for insured crops or crops in which Federal crop insurance is not available and 60% of the county crop table price for insurable crops in which the producer did not purchase Federal crop insurance. As a condition of receiving benefits under CDP, any producer who elected to not purchase crop insurance on a crop in 2000 for which CDP benefits are requested must purchase crop insurance on that crop for the 2001 and 2002 crop years.

Length and Time Phasing of Assistance:

Program payments are made after the application is filed and approved by the COC.

POST ASSISTANCE REQUIREMENTS:

Reports:

None.

Audits:

FSA will implement a national compliance program to spot check and verify the accuracy of applications received throughout the country. The Office of Inspector General will conduct program audits on a random basis throughout the country.

Records:

Participants must maintain production evidence for 3 years. FINANCIAL INFORMATION:

Account Identification:

12-4336-0-1-351.

Obligations:

(Direct Payments) FY 05 $2,395,404,916; FY 06 est $374,233,000; FY 07 est $0.

Range and Average of Financial Assistance:

There is no minimum amount of assistance which may be received by an individual applicant. The national "person" limit is $80,000. PROGRAM ACCOMPLISHMENTS:

All available program funding will be used among eligible applicants. REGULATIONS, GUIDELINES, AND LITERATURE:

CDP regulations are provided in 7 CFR Part 1480. Agency procedures are listed in Handbook 3-DAP. Disaster Program Fact Sheets may be located on line at http://www.fsa.usda.gov/pas/publications/facts/pubfacts.htm. INFORMATION CONTACTS:

Regional or Local Office:

Applications are filed at the local county office of the Farm Service Agency. The location of all FSA field offices is listed on the WEB at http://www.fsa.usda.gov/edso/ or in the Farm Service Agency section of Appendix IV of the Catalog.

Headquarters Office:

U.S. Department of Agriculture, Farm Service Agency, Production Emergencies and Compliance Division, Compliance Branch, 1400 Independence Ave. SW., Washington DC 20250-0514. Telephone: (202) 720-9882.

Web Site Address:

http://www.fsa.usda.gov.

RELATED PROGRAMS:

10.450, Crop Insurance; 10.404, Emergency Loans. EXAMPLES OF FUNDED PROJECTS:

Not applicable.

CRITERIA FOR SELECTING PROPOSALS:

All producers meeting eligibility requirements may receive assistance subject to the national payment factor. Applications are non-competitive.

10.077 LIVESTOCK COMPENSATION PROGRAM

(LCP)

FEDERAL AGENCY:

FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE

AUTHORIZATION:

Section 32 of the Act of August 24, 1935, as amended. Section 203(a) of Agricultural Assistance Act of 2003, Public Law 108-07. Section 2103 of the Emergency Wartime Supplemental Appropriations Act for Fiscal Year 2003, Public Law 108-11.

OBJECTIVES:

This program will provide immediate assistance to livestock producers in counties that have received primary disaster designation due to drought in 2001 and/or 2002.

TYPES OF ASSISTANCE:

Direct Payments with Unrestricted Use.
USES AND USE RESTRICTIONS:
None.

ELIGIBILITY REQUIREMENTS:
Applicant Eligibility:

Compensation for cattle, sheep, goats, buffalo, and catfish producers in counties that have received primary disaster designation due to drought in 2001 and/or 2002. An eligible county must be approved as a primary county between January 1, 2001, and February 20, 2003, for Presidential or Secretarial disaster designation for damages and losses because of natural disaster.

Beneficiary Eligibility:

Producers of cattle, sheep, goats, buffalo, and catfish. Credentials/Documentation:

All applicants must: (1) conduct a livestock operation that is physically
located in a disaster county; (2) meet all other eligibility requirements
established by the Secretary for the Program; (3) produce an animal
described in section 10806(a)(1) of the Farm Security and Rural
Investment Act of 2002 (21 U.S.C. 321d(a)(1)). In addition, Catfish
producers must certify compliance with: (1) the adjusted gross income
limitation contained in section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a); and (2) conservation compliance provisions according to
regulations found at 7 CFR part 12.

APPLICATION AND AWARD PROCESS:
Preapplication Coordination:

There is no preapplication coordination related to this program. This
program is excluded from coverage under E.O. 12372.
Application Procedure:

Applicants contact their local county Farm Service Agency Office or U.S. Department of Agriculture Service Center for sign-up information. In general, applicants will certify on the application form CCC-370, the number and type of eligible livestock owned or leased as of June 1, 2002. Documentation will be required from each applicant selected for a spot check that indicates all livestock for which payment was received that were sold or died after June 1, 2002. Owners or lessees of eligible livestock must certify the number owned or leased as of June 1, 2002. The animals must have been owned for 90 days or more and must fall within the 90-day ownership period.

Award Procedure: None. Deadlines:

None.

Range of Approval/Disapproval Time:

1 to 30 days.

Appeals:

None.

Renewals:

None.

ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:

Adult beef cattle, buffalo, and beefalo (cows and bulls), $18.00 per head;
Beef, dairy, buffalo, and beefalo replacement heifers (500 lbs. and over),
$13.50 per head; Adult dairy cattle (cows and bulls), $31.50 per head;
Beef, dairy, buffalo, and beefalo steers (500 lbs. and over), $13.50 per
head; Nonbreeding beef, dairy, buffalo, and beefalo heifers (500 lbs. and
over), $13.50 per head; Beef, dairy, buffalo, and beefalo bulls (500 lbs. and
over), $13.50 per head; Sheep (All), born prior to June 1, 2002, $ 4.50 per
head; Goats (All), born prior to June 1, 2002, $ 4.50 per head; Catfish
feed, $34 per ton of feed purchased in calendar year 2002.

Length and Time Phasing of Assistance:

Payment is made by check or direct deposit after determining applicant eligibility.

POST ASSISTANCE REQUIREMENTS:

Reports:

None.

Audits:

Recipients under this program are subject to audit by the Office of the Regional Inspector General, U.S. Department of Agriculture. Records:

Livestock producers or any other individual or entity receiving assistance for LCP shall maintain and retain financial books and records which will permit verification of all transactions for at least 3 years, following the end of the calendar year in which assistance was provided. FINANCIAL INFORMATION:

Account Identification:

12-4336-0-1-351.

Obligations:

(Direct Payments) FY 05 $0; FY 06 est $0; FY 07 est $0. Range and Average of Financial Assistance:

Producers participating in LCP are subject to a $2.5 million gross revenue limitation per person or less for the preceding tax year. Payments are limited to $40,000 per person. There is no minimum amount of assistance that may be received by an individual producer. PROGRAM ACCOMPLISHMENTS:

None.

REGULATIONS, GUIDELINES, AND LITERATURE:

Program is announced through news media and in letters to agricultural producers in the county. Regulations published in the Federal Register, 67 CFR Part 63070 and 7 CFR Part 3016. LCP Fact Sheet may be located online at http://www.fsa.usda.gov/pas/publications/facts/pubfacts.htm. INFORMATION CONTACTS:

Regional or Local Office:

Farm Service Agency State Offices can inform applicants of county office locations where applicants may apply for assistance. Headquarters Office:

U.S. Department of Agriculture, Farm Service Agency, Production
Emergency and Compliance Division, Washing ton, DC 20250.

Web Site Address:

http://www.fsa.usda.gov.

RELATED PROGRAMS:

10.066, Livestock Assistance Program.

EXAMPLES OF FUNDED PROJECTS:

Not Applicable.

CRITERIA FOR SELECTING PROPOSALS:

All producers meeting eligibility requirements may receive assistance subject to the national payment factor. Applications are non-competitive.

10.078 BIOENERGY PROGRAM

(BIO)

FEDERAL AGENCY:

FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE AUTHORIZATION:

Title IX, Section 9010, Farm Security and Rural Investment Act of 2002 and Section 5(e) of the CCC Charter Act, 15 U.S.C. 714c. OBJECTIVES:

The goals of the Bioenergy Program are to encourage increased purchases of eligible commodities for the purpose of expanding production of such bioenergy and support new production capacity for such bioenergy. TYPES OF ASSISTANCE:

Direct Payments for Specified Use.

USES AND USE RESTRICTIONS:

Bioenergy producers may increase their purchases of eligible commodities as compared to the previous fiscal year purchases and convert that commodity into increased commercial fuel grade ethanol and biodiesel production as compared to previous fiscal year ethanol and biodiesel production. The Program defines eligible commodities as barley, corn, grain sorghum, oats, rice, wheat, soybeans, sunflower seed, canola, crambe, rapeseed, safflower, sesame seed, flaxseed, mustard seed, and cellulosic crops, such as switchgrass and short rotation trees, grown on farms, for the purpose of producing ethanol and/or biodiesel or any other commodity or commodity by-product as determined and announced by CCC used in ethanol and biodiesel production which is produced in the United States and its territories.

ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:

All bioenergy producers are eligible to participate in the program. To participate, ethanol producers must provide USDA with evidence of increased production of bioenergy and increased purchase and utilization of agricultural commodities related to that increased production. Biodiesel producers must provide evidence of production and purchase and utilization of agricultural commodities related to that production. Beneficiary Eligibility:

Bioenergy producers. Credentials/Documentation:

USDA will collect information from bioenergy producers that request payments under the Bioenergy Program as the Secretary may require to ensure that benefits are paid only to eligible bioenergy producers for eligible commodities. Bioenergy producers seeking program payments will have to meet minimum requirements by providing information concerning the production of bioenergy. Applicants must certify that they will abide by the Bioenergy Program Agreement's provisions. This program is excluded from coverage under OMB Circular No. A-87. APPLICATION AND AWARD PROCESS: Preapplication Coordination:

There is no preapplication coordination related to this program. This program is excluded from coverage under E.O. 12372. Application Procedure:

The Bioenergy Program sign-up period is from August 1 through August 31, or as announced. To participate in the program, producers must complete a Bioenergy Program Agreement, Form CCC 850 and Bioenergy Program Annual Production Information, Form CCC-850 Supplement. Award Procedure:

None.

Deadlines:

Bioenergy producers who expect to have eligible production at any time during a FY must enroll in the program during or before the applicable FY's sign-up period. For example, a producer with a new plant that is expected to become operational in July 2003 must enroll that plant in the program during FY 2003's sign-up period to be eligible to receive program payments on that new production during 2003. Range of Approval/Disapproval Time:

1 to 30 days.

Appeals:

Any participant who is subject to an adverse determination may appeal the determination by filing a written request with the Deputy Administrator at the following address: Deputy Administrator, Commodity Operations, Farm Service Agency, United States Department of Agriculture, ST OP 0550, 1400 Independence Avenue, SW., Washington, DC 20250-0550. To receive consideration, the participant must file the appeal within 30 days after written notice of the decision, which is the subject of the appeal, is mailed or otherwise made available to the participant. An appeal shall be considered to have been filed when personally delivered in writing to the Deputy Administrator or when the properly addressed request, postage

paid, is postmarked. The Deputy Administrator may accept and act upon an appeal even though it is not timely filed if, in the judgement of the Deputy Administrator, circumstances warrant such action.

Renewals:

None.

ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:

USDA will pay eligible producers up to $150 million each FY on a quarterly basis. Payments to each producer are capped at 5 percent of available funding (up to $7.5 million) each FY. USDA will base ethanol payments on the increase in ethanol production compared to the previous FY's production and biodiesel payments on the biodiesel production each FY. Payments will be structured to encourage participation of producers with less than 65 million gallons annual production capacity. Producers with total annual production of: (a) less than 65 million gallons are reimbursed 1 feedstock unit for every 2.5 used for increased production; (b) 65 million gallons or more are reimbursed 1 feedstock unit for every 3.5 used for increased production. In addition, biodiesel producers are reimbursed for base production at 50 percent the rate of increased production. If the applications exceed the program's available funding, USDA will apply a factor to payments to hold program expenditures to available funding for the applicable FY.

Length and Time Phasing of Assistance:

The program is funded at up to $150 million each FY for FYs 2003 through 2006.

POST ASSISTANCE REQUIREMENTS:

Reports:

Multiple FY Agreements require annual production estimate reports to be submitted during each applicable FY sign-up period. Such reports must comply with the terms of the Agreement and Bioenergy Program regulations. In all cases, the accounting for compliance will be made on a per FY basis.

Audits:

Participants under this program are subject to audit by the Office of the Regional Inspector General, U.S. Department of Agriculture. Records:

Bioenergy producers or any other individual or entity receiving payments for Bioenergy Program shall maintain and retain financial books and records which will permit verification of all transactions for at least 3 years, following the end of the calendar year in which payments were received.

FINANCIAL INFORMATION:

Account Identification:

12-4336-0-1-271.

Obligations:

(Direct Payments) FY 05 $100,000,000; FY 06 est $60,000,000; FY 07 est $0.

Range and Average of Financial Assistance:

Not applicable.

PROGRAM ACCOMPLISHMENTS:

None.

REGULATIONS, GUIDELINES, AND LITERATURE:

Program is announced through news media and is posted on Farm Service Agency website. Regulations published in Title IX, Section 9010, Farm Security and Rural Investment Act of 2002. Bioenergy Program fact sheet may be located online at

http://www.fsa.usda.gov/pas/publications/facts/html/Bioenergy03.htm.

INFORMATION CONTACTS:

Regional or Local Office:

None.

Headquarters Office:

U.S. Department of Agriculture, Farm Service Agency, Kansas City Commodity Office, Contract Reconciliation Division, P.O. Box 419205, STOP 8758, Kansas City, MO 64141-6205. Telephone: 816-926-6525. Web Site Address:

www.fsa.usda.gov/daco/bio_daco.htm.

RELATED PROGRAMS:

None.

EXAMPLES OF FUNDED PROJECTS:

Not applicable.

CRITERIA FOR SELECTING PROPOSALS:

(1) All fuel ethanol production is eligible; however, ethanol under 200 proof will be converted to 200 proof gallons before payment calculations

are made; (2) Ethanol producers must produce and sell ethanol commercially and have authority from the Bureau of Alcohol, Tobacco, Firearms, and Explosives to produce ethanol for fuel or sell denatured ethanol rendered unfit for beverage use; (3) Biodiesel producers must produce and sell biodiesel commercially, and the biodiesel must be a mono alkyl ester manufactured in the United States that meets the American Society for Testing and Materials Standard's biodiesel standard.

10.079 BILL EMERS ON HUMANITARIAN TRUST (EHT)

FEDERAL AGENCY:

FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE AUTHORIZATION:

Sections 301 and 302, Title III of Bill Emerson Humanitarian Trust. Section 302 (c) of the Agricultural Act of 1980, as amended. The Emergency Wartime Supplemental Appropriations, Public Law 108-11. OBJECTIVES:

To provide for a Trust solely to meet emergency humanitarian food needs in developing countries, the Secretary of Agriculture shall establish a trust stock of wheat, rice, corn, or sorghum, or any combination of the commodities, totaling not more than 4,000,000 metric tons for use as described.

TYPES OF ASSISTANCE:

Direct Payments with Unrestricted Use.

USES AND USE RESTRICTIONS:

The Secretary may release eligible commodities only to the extent such release is consistent with maintaining the long-term value of the trust. ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:

Developing countries that suffer from natural disasters (such as extreme drought, flood, earthquake, etc.), prolong war, prolong diseases, and/or acute hunger.

Beneficiary Eligibility:

Developing countries.

Credentials/Documentation:

None. This program is excluded from coverage under OMB Circular No.
A-87.

APPLICATION AND AWARD PROCESS:
Preapplication Coordination:

There is no preapplication coordination related to this program. This program is excluded from coverage under E.O. 12372. Application Procedure:

None.

Award Procedure:

None.

Deadlines:

None.

Range of Approval/Disapproval Time: 1 to 30 days.

Appeals:

None. Renewals: None.

ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:

Release of commodities from the Trust can be triggered in two situations:
1) when domestic supplies are insufficient to meet the availability criteria
of P.L. 480, or 2) when unanticipated needs for Title II, P.L. 480
commodities cannot be met in a timely manner under normal means of
obtaining commodities. In the second situation, the Secretary is authorized
to release up to 500,000 metric tons from the Trust plus an additional
500,000 metric tons that could have been but was not released, in previous
years.

Length and Time Phasing of Assistance:

The reserve was originally authorized by the Agricultural Trade Act of 1980 as the Food Security Wheat Reserve. Subsequent legislation broadened the number of commodities that can be held in the reserve and,

in 1998, it was renamed the Bill Emerson Humanitarian Trust. Most

recently, the Farm Security and Rural Investment Act of 2002 reauthorized the Emerson Trust through 2007.

POST ASSISTANCE REQUIREMENTS:
Reports:

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