82_FR_23620 82 FR 23522 - Notice of Funds Availability (NOFA) for the Organic Certification Cost Share Program

82 FR 23522 - Notice of Funds Availability (NOFA) for the Organic Certification Cost Share Program

DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation

Federal Register Volume 82, Issue 98 (May 23, 2017)

Page Range23522-23525
FR Document2017-10521

The Farm Service Agency (FSA), on behalf of the Commodity Credit Corporation (CCC), is revising and clarifying its previous announcement of the availability of funding for fiscal years (FY) 2017 and 2018 under the Organic Certification Cost Share Program (OCCSP).

Federal Register, Volume 82 Issue 98 (Tuesday, May 23, 2017)
[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23522-23525]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10521]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation


Notice of Funds Availability (NOFA) for the Organic Certification 
Cost Share Program

AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.

ACTION: Notice.

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SUMMARY: The Farm Service Agency (FSA), on behalf of the Commodity 
Credit Corporation (CCC), is revising and clarifying its previous 
announcement of the availability of funding for fiscal years (FY) 2017 
and 2018 under the Organic Certification Cost Share Program (OCCSP).

DATES: Producer and Handler Applications: The dates for FSA county 
offices to accept applications for OCCSP payments from producers and 
handlers for FY 2017 started on March 27, 2017, and ends on October 31, 
2017, and for FY 2018, starts on October 1, 2017, and ends on October 
31, 2018.

FOR FURTHER INFORMATION CONTACT: Steve Peterson, (202) 720-7641.

SUPPLEMENTARY INFORMATION: 

Revision and Clarification

    On December 22, 2016, USDA published a NOFA for OCCSP (81 FR 93884-
93887). That NOFA announced that the purpose of OCCSP is to provide 
cost share assistance to producers and handlers of agricultural 
products in obtaining certification under the National Organic Program 
(NOP) established under the Organic Foods Production Act of 1990 (OFPA) 
(7 U.S.C. 6501-6524) and the regulations in 7 CFR part 205. FSA 
administers OCCSP.
    In the December NOFA, USDA announced that beginning in FY 2017, 
transitional certification and State organic program fees would be 
eligible for cost share reimbursement, and that for OCCSP purposes, 
they would be considered two additional, separate scopes. As stated in 
the NOFA, transitional certification is an optional certification 
offered by some certifiers for producers and handlers who are in the 
process of transitioning land to organic production.
    Upon review of OCCSP authority, FSA determined that it had 
erroneously announced the availability of cost-share for transitional 
certification, because no transitional certification programs are 
currently established under OFPA. Accordingly, this notice clarifies 
that cost-share assistance will not be available for transitional 
certification.
    Consistent with this clarification, this NOFA provides revised 
information about eligible scopes for the OCCSP, allowable and 
unallowable costs, eligibility requirements for producers and handlers, 
documentation to be provided in a producer or handler's application 
package, provisions for grant agreements with State agencies, and the 
definition of ``certified operation.''
    In addition, this NOFA provides the corrected date when the 
producer and applications were made available, which changed from the 
date announced in the December NOFA of March 20, 2017, to the actual 
start date of March 27, 2017, once the forms were approved for use.

Background

    The purpose of OCCSP is to provide cost share assistance to 
producers and handlers of agricultural products in obtaining 
certification under NOP established under the Organic Foods Production 
Act of 1990 (7 U.S.C. 6501-6524) and the regulations in 7 CFR part 205. 
The Agricultural Marketing Service (AMS) implemented OCCSP and has been 
running OCCSP through agreements with State agencies since FY 2008. 
USDA transferred authority to administer OCCSP from AMS to FSA 
beginning with FY 2017.
    FSA accepted applications from States interested in overseeing 
reimbursements to their producers and handlers. In addition, all 
producers and handlers will have access to OCCSP through their local 
FSA offices. In States where State agencies provide cost share funds, 
producers and handlers can choose between the State agencies or the 
local FSA office. In addition to expanding to FSA local offices for FY 
2017, OCCSP will now cover costs related to State organic program fees.
    In order for a State agency to receive new fund allocations for FY 
2017, it must establish a new agreement with FSA to administer OCCSP. 
FY 2017 agreements will include provisions allowing a State agency to 
request an extension of that new FY 2017 agreement to provide 
additional funds and allow the State agency to continue to administer 
OCCSP for FY 2018. FSA has not yet determined whether an additional 
application period will be announced for FY 2018 for State agencies 
that choose not to participate in FY 2017; State agencies that would 
like to administer OCCSP for FY 2018 are encouraged to establish an 
agreement for FY 2017 to ensure that they will be able to continue to 
participate. FSA does not anticipate substantive changes to the 
agreement process with the participating States. Agreements will 
continue to allow subgrants to other entities.
    Certified operations will be subject to the same eligibility 
criteria and calculation of cost share payments regardless of whether 
they apply for OCCSP through an FSA local office or a participating 
State agency. Certified operations may only receive OCCSP payment for 
the same scope for the same year from one source: Either the State 
agency or FSA. FSA will coordinate with participating State agencies to 
ensure there are no duplicate payments. If a duplicate payment is 
inadvertently made, then FSA will inform the

[[Page 23523]]

participant and require that funds be returned to CCC.

Availability of Funds

    Funding for OCCSP is provided through two authorizations: National 
Organic Certification Cost Share Program (National OCCSP) funds and 
Agricultural Management Assistance (AMA) funds. Section 10004 of the 
Agricultural Act of 2014 (the 2014 Farm Bill, Pub. L. 113-79) amended 
section 10606(d) of the Farm Security and Rural Investment Act of 2002 
(7 U.S.C. 6523(d)), authorizing $11.5 million from CCC to be used for 
National OCCSP funds for each of FYs 2014 through 2018, to remain 
available until expended. National OCCSP funds will be used for cost 
share payments to certified operations in the 50 United States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands.
    The USDA organic regulations recognize four separate categories, or 
``scopes,'' that must be individually inspected for organic 
certification: Crops, livestock, wild crops, and handling (that is, 
processing). A single operation may be certified under multiple scopes. 
For example, a certified organic vegetable farm that also has certified 
organic chickens and produces certified organic jams would be required 
to be certified for three scopes: Crops, livestock, and handling. 
Beginning in FY 2017, State organic program fees will also be eligible 
for cost share reimbursement and for OCCSP purposes will be considered 
an additional separate scope. State organic program fees may be 
required by States that have established a State organic program 
according to 7 CFR 205.620-205.622, and are in addition to the costs of 
organic certification under the four scopes of USDA organic 
certification.
    National OCCSP funds can be used to provide cost share for all four 
scopes of USDA organic certification (that is, crops, wild crops, 
livestock, and handling) and the additional scope of State organic 
program fees.
    In addition to the National OCCSP funds, Section 1609 of the 2014 
Farm Bill made a minor technical correction to the AMA authorizing 
language codified at 7 U.S.C. 1524, but did not change the amount 
authorized, which is $1 million. The availability of the AMA funds for 
OCCSP is contingent upon appropriations; the AMA funds are available 
for FY 2017. AMA funds may be used only for cost share payments for 
organic certification for the three scopes of crops, wild crops, and 
livestock, and are specifically targeted to the following 16 States:
     Connecticut,
     Delaware,
     Hawaii,
     Maryland,
     Massachusetts,
     Maine,
     Nevada,
     New Hampshire,
     New Jersey,
     New York,
     Pennsylvania,
     Rhode Island,
     Utah,
     Vermont,
     West Virginia, and
     Wyoming.
    Sequestration will apply to the total amount of funding available 
for OCCSP for FYs 2017 and 2018, if required by law.

Cost Share Payments

    As required by law (7 U.S.C. 6523(b)), the cost share payments 
cannot exceed 75 percent of eligible costs incurred, up to a maximum of 
$750 for each producer or handler. FSA will calculate 75 percent of the 
allowable costs incurred by an eligible operation, not to exceed a 
maximum of $750 per certification scope. Cost share assistance will be 
provided for allowable costs paid by the eligible operation during the 
same FY for which the OCCSP payment is being requested. Cost share 
assistance will be provided on a first come, first served basis, until 
all available funds are obligated for each FY. Applications received 
after all funds are obligated will not be paid. Allowable costs 
include:
     Application fees;
     Inspection fees, including travel costs and per diem for 
organic inspectors;
     USDA organic certification costs, including fees necessary 
to access international markets with which AMS has equivalency 
agreements or arrangements;
     State organic program fees;
     User fees or sale assessments; and
     Postage.
    Unallowable costs include:
     Inspections due to violations of USDA organic regulations 
or violations of State organic program requirements;
     Costs related to non-USDA organic certifications;
     Costs associated with or incidental to transitional 
certification;
     Costs related to any other labeling program;
     Materials, supplies, and equipment;
     Late fees;
     Membership fees; and
     Consultant fees.

Eligible Producers and Handlers

    To be eligible for OCCSP payments, a producer or handler must both:
     Possess USDA organic certification at the time of 
application; and
     Have paid fees or expenses related to its initial 
certification or renewal of its certification from a certifying agent.
    Operations with suspended, revoked, or withdrawn certifications at 
the time of application are ineligible for cost share reimbursement. 
OCCSP is open to producers and handlers in the 50 United States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands.

How To Submit the Application

State Agencies

    State agencies must have an agreement in place to participate in 
OCCSP. State agencies with funds remaining from an agreement from a 
previous FY may continue to administer OCCSP with those funds under the 
terms of their existing agreement. In the previous NOFA, State agencies 
were notified that they must complete an Application for Federal 
Assistance (Standard Form 424), and enter into a grant agreement with 
FSA to receive new fund allocations to provide cost share assistance 
for FY 2017. FSA accepted applications from State agencies between 
January 3, 2017, and February 17, 2017. Pending fund availability, 
applications received after February 17, 2017, may be considered.
    State agencies that have submitted applications for FY 2017 do not 
need to resubmit their applications. All grant agreements between FSA 
and State agencies for FY 2017 will include revised terms and 
conditions consistent with the clarification in this NOFA that cost-
share assistance will not be made available for transitional 
certification.
    Agreements for FY 2017 will include provisions to allow 
modification of the agreement to also cover a period of performance for 
FY 2018. At this time, FSA has not determined whether an additional 
application period will be announced for FY 2018 for State agencies 
that do not establish an agreement to administer OCCSP for FY 2017.

Producers and Handlers

    Certified operations may apply for OCCSP payments through FSA local 
offices or through a State agency (or authorized subgrantee) if their 
State has established an agreement to administer OCCSP. For a producer 
or handler to apply for OCCSP through FSA, each

[[Page 23524]]

applicant must submit a complete application, either in person or by 
mail, to any FSA county office. Additional options for producers or 
handlers to submit their application may be available at https://www.fsa.usda.gov/programs-and-services/occsp. A complete application 
includes the following documentation:
     Form CCC-884--Organic Certification Cost Share Program, 
available online at https://www.fsa.usda.gov/programs-and-services/occsp or at any FSA county office;
     Proof of USDA organic certification;
     Itemized invoice showing expenses paid to a third-party 
certifying agency for certification services during the FY in which the 
application is submitted; and
     An AD-2047, if not previously provided.
    Producers or handlers may be required to provide additional 
documentation to FSA if necessary to verify eligibility or issue 
payment.
    FSA's application period began on March 27, 2017, for FY 2017 and 
will begin on October 1, 2017, for FY 2018. Both application periods 
end on October 31 of their respective years, or when there is no more 
available funding, whichever comes first.
    Participating State agencies will establish their own application 
process and deadlines for producers and handlers, as specified in their 
grant agreements, and eligible operations must submit an application 
package according to the instructions provided by the State agency. A 
list of participating States will be available at https://www.fsa.usda.gov/programs-and-services/occsp after their agreements 
with FSA to administer OCCSP are finalized.

Definitions

    For this NOFA, new or revised definitions include the following:
    ``State agency'' means the agency, commission, or department of a 
State government, the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, American Samoa, the U.S. Virgin Islands, or the 
Commonwealth of the Northern Marian Islands, authorized by the State to 
administer OCCSP.
    ``USDA organic certification'' means a determination made by a 
certifying agent that a production or handling operation is in 
compliance with Organic Foods Production Act of 1990 (7 U.S.C. 6501-
6522) and the regulations in 7 CFR part 205, which is documented by a 
certificate of organic operation.
    The following definitions from the regulations of 7 CFR 205.2 also 
apply to this NOFA: ``certified operation,'' ``certifying agent,'' 
``crop,'' ``handler,'' ``inspection,'' ``inspector,'' ``labeling,'' 
``livestock,'' ``organic,'' ``organic production,'' ``processing,'' 
``producer,'' ``State certifying agent,'' ``State organic program,'' 
and ``wild crop.''

Participating State Agency Reporting Requirements

    Twice a year, each participating State agency must provide FSA with 
a Federal Financial Report (form SF-425) along with a spreadsheet of 
Operations Reimbursed, listing the producers and handlers receiving 
cost share payments within the reporting period. The semi-annual 
reports are due to FSA on May 30 and November 30 of each year. Once a 
year, each participating State agency will need to provide FSA with a 
narrative report to describe program activities and any sub-recipients. 
The annual reports are due to FSA on November 30 of each year.

Other Provisions

    Persons and legal entities who file an application with FSA have 
the right to an administrative review of any FSA adverse decision with 
respect to the application under the appeals procedures at 7 CFR parts 
780 and 11. FSA program requirements and determinations that are not in 
response to, or result from, an individual disputable set of facts in 
an individual participant's application for assistance are not matters 
that can be appealed.
    A producer or handler may file an application with an FSA county 
office after the OCCSP application deadline, and in such case the 
application will be considered a request to waive the deadline. The 
Deputy Administrator has the discretion and authority to consider the 
case and waive or modify application deadlines and other requirements 
or program provisions not specified in law, in cases where the Deputy 
Administrator determines it is equitable to do so and where the Deputy 
Administrator finds that the lateness or failure to meet such other 
requirements or program provisions do not adversely affect the 
operation of OCCSP. Although applicants have a right to a decision on 
whether they filed applications by the deadline or not, applicants have 
no right to a decision in response to a request to waive or modify 
deadlines or program provisions. The Deputy Administrator's refusal to 
exercise discretion to consider the request will not be considered an 
adverse decision and is, by itself, not appealable.
    Any person or legal entity who applies to a State agency is subject 
to review rights afforded by the State agency.
    Participating State agencies that are dissatisfied with any FSA 
decision relative to a State agency agreement may seek review for 
programs governed by Federal contracting laws and regulations.
    The regulations governing offsets and withholdings in 7 CFR part 
1403 apply to OCCSP payments. Any participant entitled to an OCCSP 
payment may assign such payment(s) in accordance with the regulations 
in 7 CFR part 1404.
    Awards to State agencies will be subject to 2 CFR part 200, Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards.

Paperwork Reduction Act Requirements

    The information collection request for OCCSP have been approved by 
the Office of Management and Budget (OMB) under the Paperwork Reduction 
Act. The OMB control number for the approval is 0560-0289. There were 
no public comments submitted for the information collection request.

Catalog of Federal Domestic Assistance

    The title and number of the Federal assistance program in the 
Catalog of Federal Domestic Assistance to which this NOFA applies is 
10.171, Organic Certification Cost share Program (OCCSP).

Environmental Review

    The environmental impacts of this NOFA have been considered in a 
manner consistent with the provisions of the National Environmental 
Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council 
on Environmental Quality (40 CFR parts 1500-1508), and the FSA 
regulations for compliance with NEPA (7 CFR part 799). As previously 
stated, since FY 2008 USDA implemented OCCSP through AMS via agreements 
with State agencies. To make OCCSP more accessible by using FSA county 
offices as a sign-up option for applicants, USDA shifted jurisdiction 
of OCCSP from AMS to FSA. FSA is now administering and coordinating 
OCCSP through agreements with interested States, and also now provides 
cost share payments directly to eligible producers and handlers for 
eligible expenses. The general scope of OCCSP, as implemented 
previously by AMS, is unchanged.
    The purpose of OCCSP is to provide cost share assistance to 
producers and handlers of agricultural products in obtaining USDA 
organic certification.

[[Page 23525]]

FSA's jurisdiction over OCCSP and the minor, discretionary changes to 
OCCSP (that is, two options for payment receipt: From a State, or from 
FSA) are administrative in nature. The discretionary aspects of OCCSP 
(for example, program eligibility, calculation of cost share payments, 
etc.) were effectively designed by AMS and are not proposed to be 
substantively changed. As such, the Categorical Exclusions in 7 CFR 
part 799.31 apply, specifically 7 CFR 799.31(b)(6)(iii) (that is, 
financial assistance to supplement income). No Extraordinary 
Circumstances (7 CFR 799.33) exist. As such, FSA has determined that 
this NOFA does not constitute a major Federal action that would 
significantly affect the quality of the human environment, individually 
or cumulatively. Therefore, FSA will not prepare an environmental 
assessment or environmental impact statement for this regulatory 
action.

Chris P. Beyerhelm,
Acting Administrator, Farm Service Agency, and Acting Executive Vice 
President, Commodity Credit Corporation.
[FR Doc. 2017-10521 Filed 5-22-17; 8:45 am]
 BILLING CODE 3410-05-P



                                                23522                          Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices

                                                import products for processing or other                 2018 under the Organic Certification                  of March 27, 2017, once the forms were
                                                exempt purposes unless an executed                      Cost Share Program (OCCSP).                           approved for use.
                                                Importers Exempt Commodity Form                         DATES: Producer and Handler                           Background
                                                (SC–6) accompanies the shipment. Both                   Applications: The dates for FSA county
                                                the shipper and receiver are required to                                                                         The purpose of OCCSP is to provide
                                                                                                        offices to accept applications for OCCSP
                                                register in the Compliance and                                                                                cost share assistance to producers and
                                                                                                        payments from producers and handlers
                                                Enforcement Management System                                                                                 handlers of agricultural products in
                                                                                                        for FY 2017 started on March 27, 2017,
                                                (CEMS) to electronically file an SC–6                                                                         obtaining certification under NOP
                                                                                                        and ends on October 31, 2017, and for
                                                certificate to notify the Marketing Order                                                                     established under the Organic Foods
                                                                                                        FY 2018, starts on October 1, 2017, and               Production Act of 1990 (7 U.S.C. 6501–
                                                and Agreement Division (MOAD) of the                    ends on October 31, 2018.
                                                exemption activity. MOAD provides                                                                             6524) and the regulations in 7 CFR part
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      205. The Agricultural Marketing Service
                                                information on its Web site about the
                                                commodities imported under section 8e                   Steve Peterson, (202) 720–7641.                       (AMS) implemented OCCSP and has
                                                of the Act and directions to the CEMS                   SUPPLEMENTARY INFORMATION:                            been running OCCSP through
                                                portal. The Civil Penalty Stipulation                                                                         agreements with State agencies since FY
                                                                                                        Revision and Clarification                            2008. USDA transferred authority to
                                                Agreement (SC–7) is a ‘‘volunteer’’ form
                                                that provides the Agricultural Marketing                   On December 22, 2016, USDA                         administer OCCSP from AMS to FSA
                                                Service (AMS) with an additional tool to                published a NOFA for OCCSP (81 FR                     beginning with FY 2017.
                                                obtain resolution of certain cases                      93884–93887). That NOFA announced                        FSA accepted applications from
                                                without the cost of going to a hearing.                 that the purpose of OCCSP is to provide               States interested in overseeing
                                                   Need and Use of the Information: The                 cost share assistance to producers and                reimbursements to their producers and
                                                importers wishing to import                             handlers of agricultural products in                  handlers. In addition, all producers and
                                                commodities will use the electronic or                  obtaining certification under the                     handlers will have access to OCCSP
                                                paper version of form SC–6, ‘‘Importer’s                National Organic Program (NOP)                        through their local FSA offices. In States
                                                Exempt Commodity.’’ The information                     established under the Organic Foods                   where State agencies provide cost share
                                                collected includes information on the                   Production Act of 1990 (OFPA) (7                      funds, producers and handlers can
                                                imported product (type of product and                   U.S.C. 6501–6524) and the regulations                 choose between the State agencies or the
                                                                                                        in 7 CFR part 205. FSA administers                    local FSA office. In addition to
                                                lot identification), the importer’s contact
                                                                                                        OCCSP.                                                expanding to FSA local offices for FY
                                                information, the U.S. Customs entry
                                                                                                                                                              2017, OCCSP will now cover costs
                                                number, inspection date, and intended                      In the December NOFA, USDA
                                                                                                                                                              related to State organic program fees.
                                                use (processing, charity, livestock/                    announced that beginning in FY 2017,                     In order for a State agency to receive
                                                animal feed). AMS utilizes the                          transitional certification and State                  new fund allocations for FY 2017, it
                                                information to ensure that imported                     organic program fees would be eligible                must establish a new agreement with
                                                goods destined for exempt outlets are                   for cost share reimbursement, and that                FSA to administer OCCSP. FY 2017
                                                given no less favorable treatment than                  for OCCSP purposes, they would be                     agreements will include provisions
                                                afforded to domestic goods destined for                 considered two additional, separate                   allowing a State agency to request an
                                                such exempt outlets.                                    scopes. As stated in the NOFA,                        extension of that new FY 2017
                                                   Description of Respondents: Business                 transitional certification is an optional             agreement to provide additional funds
                                                or other for-profit; Not-for-profit                     certification offered by some certifiers              and allow the State agency to continue
                                                institutions.                                           for producers and handlers who are in                 to administer OCCSP for FY 2018. FSA
                                                   Number of Respondents: 79.                           the process of transitioning land to                  has not yet determined whether an
                                                   Frequency of Responses: Reporting:                   organic production.                                   additional application period will be
                                                On occasion.                                               Upon review of OCCSP authority,
                                                   Total Burden Hours: 581.                                                                                   announced for FY 2018 for State
                                                                                                        FSA determined that it had erroneously                agencies that choose not to participate
                                                Charlene Parker,                                        announced the availability of cost-share              in FY 2017; State agencies that would
                                                Departmental Information Collection                     for transitional certification, because no            like to administer OCCSP for FY 2018
                                                Clearance Officer.                                      transitional certification programs are               are encouraged to establish an
                                                [FR Doc. 2017–10539 Filed 5–22–17; 8:45 am]             currently established under OFPA.                     agreement for FY 2017 to ensure that
                                                BILLING CODE 3410–02–P
                                                                                                        Accordingly, this notice clarifies that               they will be able to continue to
                                                                                                        cost-share assistance will not be                     participate. FSA does not anticipate
                                                                                                        available for transitional certification.             substantive changes to the agreement
                                                DEPARTMENT OF AGRICULTURE                                  Consistent with this clarification, this           process with the participating States.
                                                                                                        NOFA provides revised information                     Agreements will continue to allow
                                                Commodity Credit Corporation                            about eligible scopes for the OCCSP,                  subgrants to other entities.
                                                                                                        allowable and unallowable costs,                         Certified operations will be subject to
                                                Notice of Funds Availability (NOFA) for                 eligibility requirements for producers                the same eligibility criteria and
                                                the Organic Certification Cost Share                    and handlers, documentation to be                     calculation of cost share payments
                                                Program                                                 provided in a producer or handler’s                   regardless of whether they apply for
                                                AGENCY: Commodity Credit Corporation                    application package, provisions for                   OCCSP through an FSA local office or
                                                and Farm Service Agency, USDA.                          grant agreements with State agencies,                 a participating State agency. Certified
                                                                                                        and the definition of ‘‘certified                     operations may only receive OCCSP
sradovich on DSK3GMQ082PROD with NOTICES




                                                ACTION: Notice.
                                                                                                        operation.’’                                          payment for the same scope for the same
                                                SUMMARY:   The Farm Service Agency                         In addition, this NOFA provides the                year from one source: Either the State
                                                (FSA), on behalf of the Commodity                       corrected date when the producer and                  agency or FSA. FSA will coordinate
                                                Credit Corporation (CCC), is revising                   applications were made available,                     with participating State agencies to
                                                and clarifying its previous                             which changed from the date                           ensure there are no duplicate payments.
                                                announcement of the availability of                     announced in the December NOFA of                     If a duplicate payment is inadvertently
                                                funding for fiscal years (FY) 2017 and                  March 20, 2017, to the actual start date              made, then FSA will inform the


                                           VerDate Sep<11>2014   21:15 May 22, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4703   Sfmt 4703   E:\FR\FM\23MYN1.SGM   23MYN1


                                                                               Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices                                             23523

                                                participant and require that funds be                   are specifically targeted to the following            Eligible Producers and Handlers
                                                returned to CCC.                                        16 States:                                               To be eligible for OCCSP payments, a
                                                                                                          • Connecticut,                                      producer or handler must both:
                                                Availability of Funds
                                                                                                          • Delaware,                                            • Possess USDA organic certification
                                                   Funding for OCCSP is provided                          • Hawaii,                                           at the time of application; and
                                                through two authorizations: National                      • Maryland,                                            • Have paid fees or expenses related
                                                Organic Certification Cost Share                          • Massachusetts,                                    to its initial certification or renewal of
                                                Program (National OCCSP) funds and                        • Maine,                                            its certification from a certifying agent.
                                                Agricultural Management Assistance                        • Nevada,                                              Operations with suspended, revoked,
                                                (AMA) funds. Section 10004 of the                         • New Hampshire,                                    or withdrawn certifications at the time
                                                Agricultural Act of 2014 (the 2014 Farm                   • New Jersey,                                       of application are ineligible for cost
                                                Bill, Pub. L. 113–79) amended section                     • New York,                                         share reimbursement. OCCSP is open to
                                                10606(d) of the Farm Security and Rural                   • Pennsylvania,
                                                                                                                                                              producers and handlers in the 50 United
                                                Investment Act of 2002 (7 U.S.C.                          • Rhode Island,
                                                                                                                                                              States, the District of Columbia, the
                                                6523(d)), authorizing $11.5 million from                  • Utah,
                                                                                                                                                              Commonwealth of Puerto Rico, Guam,
                                                CCC to be used for National OCCSP                         • Vermont,
                                                                                                                                                              American Samoa, the U.S. Virgin
                                                funds for each of FYs 2014 through                        • West Virginia, and
                                                                                                          • Wyoming.                                          Islands, and the Commonwealth of the
                                                2018, to remain available until
                                                                                                          Sequestration will apply to the total               Northern Mariana Islands.
                                                expended. National OCCSP funds will
                                                be used for cost share payments to                      amount of funding available for OCCSP                 How To Submit the Application
                                                certified operations in the 50 United                   for FYs 2017 and 2018, if required by
                                                                                                                                                              State Agencies
                                                States, the District of Columbia, the                   law.
                                                Commonwealth of Puerto Rico, Guam,                                                                              State agencies must have an
                                                                                                        Cost Share Payments                                   agreement in place to participate in
                                                American Samoa, the U.S. Virgin
                                                Islands, and the Commonwealth of the                       As required by law (7 U.S.C. 6523(b)),             OCCSP. State agencies with funds
                                                Northern Mariana Islands.                               the cost share payments cannot exceed                 remaining from an agreement from a
                                                   The USDA organic regulations                         75 percent of eligible costs incurred, up             previous FY may continue to administer
                                                recognize four separate categories, or                  to a maximum of $750 for each producer                OCCSP with those funds under the
                                                ‘‘scopes,’’ that must be individually                   or handler. FSA will calculate 75                     terms of their existing agreement. In the
                                                inspected for organic certification:                    percent of the allowable costs incurred               previous NOFA, State agencies were
                                                Crops, livestock, wild crops, and                       by an eligible operation, not to exceed               notified that they must complete an
                                                handling (that is, processing). A single                a maximum of $750 per certification                   Application for Federal Assistance
                                                operation may be certified under                        scope. Cost share assistance will be                  (Standard Form 424), and enter into a
                                                multiple scopes. For example, a                         provided for allowable costs paid by the              grant agreement with FSA to receive
                                                certified organic vegetable farm that also              eligible operation during the same FY                 new fund allocations to provide cost
                                                has certified organic chickens and                      for which the OCCSP payment is being                  share assistance for FY 2017. FSA
                                                produces certified organic jams would                   requested. Cost share assistance will be              accepted applications from State
                                                be required to be certified for three                   provided on a first come, first served                agencies between January 3, 2017, and
                                                scopes: Crops, livestock, and handling.                 basis, until all available funds are                  February 17, 2017. Pending fund
                                                Beginning in FY 2017, State organic                     obligated for each FY. Applications                   availability, applications received after
                                                program fees will also be eligible for                  received after all funds are obligated                February 17, 2017, may be considered.
                                                cost share reimbursement and for                        will not be paid. Allowable costs                       State agencies that have submitted
                                                OCCSP purposes will be considered an                    include:                                              applications for FY 2017 do not need to
                                                additional separate scope. State organic                   • Application fees;                                resubmit their applications. All grant
                                                program fees may be required by States                     • Inspection fees, including travel                agreements between FSA and State
                                                that have established a State organic                   costs and per diem for organic                        agencies for FY 2017 will include
                                                program according to 7 CFR 205.620–                     inspectors;                                           revised terms and conditions consistent
                                                205.622, and are in addition to the costs                  • USDA organic certification costs,                with the clarification in this NOFA that
                                                of organic certification under the four                 including fees necessary to access                    cost-share assistance will not be made
                                                scopes of USDA organic certification.                   international markets with which AMS                  available for transitional certification.
                                                   National OCCSP funds can be used to                  has equivalency agreements or                           Agreements for FY 2017 will include
                                                provide cost share for all four scopes of               arrangements;                                         provisions to allow modification of the
                                                USDA organic certification (that is,                       • State organic program fees;                      agreement to also cover a period of
                                                crops, wild crops, livestock, and                          • User fees or sale assessments; and               performance for FY 2018. At this time,
                                                handling) and the additional scope of                      • Postage.                                         FSA has not determined whether an
                                                State organic program fees.                                Unallowable costs include:                         additional application period will be
                                                   In addition to the National OCCSP                       • Inspections due to violations of                 announced for FY 2018 for State
                                                funds, Section 1609 of the 2014 Farm                    USDA organic regulations or violations                agencies that do not establish an
                                                Bill made a minor technical correction                  of State organic program requirements;                agreement to administer OCCSP for FY
                                                to the AMA authorizing language                            • Costs related to non-USDA organic                2017.
                                                codified at 7 U.S.C. 1524, but did not                  certifications;
                                                                                                                                                              Producers and Handlers
                                                change the amount authorized, which is                     • Costs associated with or incidental
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                                                $1 million. The availability of the AMA                 to transitional certification;                          Certified operations may apply for
                                                funds for OCCSP is contingent upon                         • Costs related to any other labeling              OCCSP payments through FSA local
                                                appropriations; the AMA funds are                       program;                                              offices or through a State agency (or
                                                available for FY 2017. AMA funds may                       • Materials, supplies, and equipment;              authorized subgrantee) if their State has
                                                be used only for cost share payments for                   • Late fees;                                       established an agreement to administer
                                                organic certification for the three scopes                 • Membership fees; and                             OCCSP. For a producer or handler to
                                                of crops, wild crops, and livestock, and                   • Consultant fees.                                 apply for OCCSP through FSA, each


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                                                23524                          Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices

                                                applicant must submit a complete                        this NOFA: ‘‘certified operation,’’                   review rights afforded by the State
                                                application, either in person or by mail,               ‘‘certifying agent,’’ ‘‘crop,’’ ‘‘handler,’’          agency.
                                                to any FSA county office. Additional                    ‘‘inspection,’’ ‘‘inspector,’’ ‘‘labeling,’’            Participating State agencies that are
                                                options for producers or handlers to                    ‘‘livestock,’’ ‘‘organic,’’ ‘‘organic                 dissatisfied with any FSA decision
                                                submit their application may be                         production,’’ ‘‘processing,’’ ‘‘producer,’’           relative to a State agency agreement may
                                                available at https://www.fsa.usda.gov/                  ‘‘State certifying agent,’’ ‘‘State organic           seek review for programs governed by
                                                programs-and-services/occsp. A                          program,’’ and ‘‘wild crop.’’                         Federal contracting laws and
                                                complete application includes the                                                                             regulations.
                                                                                                        Participating State Agency Reporting                    The regulations governing offsets and
                                                following documentation:
                                                  • Form CCC–884—Organic                                Requirements                                          withholdings in 7 CFR part 1403 apply
                                                Certification Cost Share Program,                         Twice a year, each participating State              to OCCSP payments. Any participant
                                                available online at https://                            agency must provide FSA with a                        entitled to an OCCSP payment may
                                                www.fsa.usda.gov/programs-and-                          Federal Financial Report (form SF–425)                assign such payment(s) in accordance
                                                services/occsp or at any FSA county                     along with a spreadsheet of Operations                with the regulations in 7 CFR part 1404.
                                                office;                                                 Reimbursed, listing the producers and                   Awards to State agencies will be
                                                  • Proof of USDA organic certification;                handlers receiving cost share payments                subject to 2 CFR part 200, Uniform
                                                  • Itemized invoice showing expenses                   within the reporting period. The semi-                Administrative Requirements, Cost
                                                paid to a third-party certifying agency                 annual reports are due to FSA on May                  Principles, and Audit Requirements for
                                                for certification services during the FY                30 and November 30 of each year. Once                 Federal Awards.
                                                in which the application is submitted;                  a year, each participating State agency               Paperwork Reduction Act
                                                and                                                     will need to provide FSA with a                       Requirements
                                                  • An AD–2047, if not previously                       narrative report to describe program
                                                provided.                                               activities and any sub-recipients. The                  The information collection request for
                                                  Producers or handlers may be                          annual reports are due to FSA on                      OCCSP have been approved by the
                                                required to provide additional                          November 30 of each year.                             Office of Management and Budget
                                                documentation to FSA if necessary to                                                                          (OMB) under the Paperwork Reduction
                                                verify eligibility or issue payment.                    Other Provisions                                      Act. The OMB control number for the
                                                  FSA’s application period began on                        Persons and legal entities who file an             approval is 0560–0289. There were no
                                                March 27, 2017, for FY 2017 and will                    application with FSA have the right to                public comments submitted for the
                                                begin on October 1, 2017, for FY 2018.                  an administrative review of any FSA                   information collection request.
                                                Both application periods end on                         adverse decision with respect to the                  Catalog of Federal Domestic Assistance
                                                October 31 of their respective years, or                application under the appeals
                                                when there is no more available                                                                                 The title and number of the Federal
                                                                                                        procedures at 7 CFR parts 780 and 11.                 assistance program in the Catalog of
                                                funding, whichever comes first.                         FSA program requirements and
                                                  Participating State agencies will                                                                           Federal Domestic Assistance to which
                                                                                                        determinations that are not in response               this NOFA applies is 10.171, Organic
                                                establish their own application process
                                                                                                        to, or result from, an individual                     Certification Cost share Program
                                                and deadlines for producers and
                                                                                                        disputable set of facts in an individual              (OCCSP).
                                                handlers, as specified in their grant
                                                                                                        participant’s application for assistance
                                                agreements, and eligible operations                                                                           Environmental Review
                                                                                                        are not matters that can be appealed.
                                                must submit an application package
                                                according to the instructions provided                     A producer or handler may file an                     The environmental impacts of this
                                                by the State agency. A list of                          application with an FSA county office                 NOFA have been considered in a
                                                participating States will be available at               after the OCCSP application deadline,                 manner consistent with the provisions
                                                https://www.fsa.usda.gov/programs-                      and in such case the application will be              of the National Environmental Policy
                                                and-services/occsp after their                          considered a request to waive the                     Act (NEPA, 42 U.S.C. 4321–4347), the
                                                agreements with FSA to administer                       deadline. The Deputy Administrator has                regulations of the Council on
                                                OCCSP are finalized.                                    the discretion and authority to consider              Environmental Quality (40 CFR parts
                                                                                                        the case and waive or modify                          1500–1508), and the FSA regulations for
                                                Definitions                                             application deadlines and other                       compliance with NEPA (7 CFR part
                                                   For this NOFA, new or revised                        requirements or program provisions not                799). As previously stated, since FY
                                                definitions include the following:                      specified in law, in cases where the                  2008 USDA implemented OCCSP
                                                   ‘‘State agency’’ means the agency,                   Deputy Administrator determines it is                 through AMS via agreements with State
                                                commission, or department of a State                    equitable to do so and where the Deputy               agencies. To make OCCSP more
                                                government, the District of Columbia,                   Administrator finds that the lateness or              accessible by using FSA county offices
                                                the Commonwealth of Puerto Rico,                        failure to meet such other requirements               as a sign-up option for applicants,
                                                Guam, American Samoa, the U.S. Virgin                   or program provisions do not adversely                USDA shifted jurisdiction of OCCSP
                                                Islands, or the Commonwealth of the                     affect the operation of OCCSP. Although               from AMS to FSA. FSA is now
                                                Northern Marian Islands, authorized by                  applicants have a right to a decision on              administering and coordinating OCCSP
                                                the State to administer OCCSP.                          whether they filed applications by the                through agreements with interested
                                                   ‘‘USDA organic certification’’ means a               deadline or not, applicants have no right             States, and also now provides cost share
                                                determination made by a certifying                      to a decision in response to a request to             payments directly to eligible producers
                                                                                                        waive or modify deadlines or program
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                                                agent that a production or handling                                                                           and handlers for eligible expenses. The
                                                operation is in compliance with Organic                 provisions. The Deputy Administrator’s                general scope of OCCSP, as
                                                Foods Production Act of 1990 (7 U.S.C.                  refusal to exercise discretion to consider            implemented previously by AMS, is
                                                6501–6522) and the regulations in 7                     the request will not be considered an                 unchanged.
                                                CFR part 205, which is documented by                    adverse decision and is, by itself, not                  The purpose of OCCSP is to provide
                                                a certificate of organic operation.                     appealable.                                           cost share assistance to producers and
                                                   The following definitions from the                      Any person or legal entity who                     handlers of agricultural products in
                                                regulations of 7 CFR 205.2 also apply to                applies to a State agency is subject to               obtaining USDA organic certification.


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                                                                               Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices                                              23525

                                                FSA’s jurisdiction over OCCSP and the                   time to process applications within FY                and Budget (OMB) under OMB Control
                                                minor, discretionary changes to OCCSP                   2017. Grant funds not obligated by                    Number 0575–0198.
                                                (that is, two options for payment                       September 15 of this fiscal year will be
                                                                                                                                                              National Environmental Policy Act
                                                receipt: From a State, or from FSA) are                 used to fund Essential Community
                                                administrative in nature. The                           Facilities grant, loan, and/or loan                     All recipients under this Notice are
                                                discretionary aspects of OCCSP (for                     guarantee programs.                                   subject to the requirements of 7 CFR
                                                example, program eligibility, calculation               DATES: To apply for funds, the Agency                 part 1970. However, awards for
                                                of cost share payments, etc.) were                      must receive the application by 5:00                  technical assistance and training under
                                                effectively designed by AMS and are not                 Eastern Daylight Time on July 24, 2017.               this Notice are classified as a Categorical
                                                proposed to be substantively changed.                   Electronic applications must be                       Exclusion according to 7 CFR
                                                As such, the Categorical Exclusions in 7                submitted via grants.gov by Midnight                  1970.53(b), and usually do not require
                                                CFR part 799.31 apply, specifically 7                   Eastern time on July 24, 2017.                        any additional documentation. The
                                                CFR 799.31(b)(6)(iii) (that is, financial                                                                     Agency will review each grant
                                                                                                        ADDRESSES: Applications will be
                                                assistance to supplement income). No                                                                          application to determine its compliance
                                                                                                        submitted to the USDA Rural
                                                Extraordinary Circumstances (7 CFR                                                                            with 7 CFR part 1970. The applicant
                                                                                                        Development State Office in the state
                                                799.33) exist. As such, FSA has                                                                               may be asked to provide additional
                                                                                                        where the applicant’s headquarters is
                                                determined that this NOFA does not                                                                            information or documentation to assist
                                                                                                        located. A listing of each State Office
                                                constitute a major Federal action that                                                                        the Agency with this determination.
                                                                                                        can be found at: https://
                                                would significantly affect the quality of
                                                                                                        www.rd.usda.gov/files/                                Overview
                                                the human environment, individually or
                                                                                                        CF_State_Office_Contacts.pdf. If you
                                                cumulatively. Therefore, FSA will not                                                                           Federal Agency: Rural Housing
                                                                                                        want to submit an electronic
                                                prepare an environmental assessment or                                                                        Service.
                                                                                                        application, follow the instructions for
                                                environmental impact statement for this                                                                         Funding Opportunity Title:
                                                                                                        the TAT funding announcement on
                                                regulatory action.                                                                                            Community Facilities Technical
                                                                                                        http://www.grants.gov. For those
                                                Chris P. Beyerhelm,                                     applicants located in the District of                 Assistance and Training Grant.
                                                Acting Administrator, Farm Service Agency,              Columbia, applications will be                          Announcement Type: Notice of
                                                and Acting Executive Vice President,                    submitted to the National Office in care              Solicitation of Applications (NOSA).
                                                Commodity Credit Corporation.                           of Shirley Stevenson, 1400                              Catalog of Federal Domestic
                                                [FR Doc. 2017–10521 Filed 5–22–17; 8:45 am]             Independence Ave. SW., STOP 0787,                     Assistance Number: 10.766.
                                                BILLING CODE 3410–05–P                                  Room 0175–S, Washington, DC 20250.                      Dates: To apply for funds, the Agency
                                                                                                        Electronic applications will be                       must receive the application by 5:00
                                                                                                        submitted via http://www.grants.gov.                  p.m. Eastern Daylight Time on July 24,
                                                DEPARTMENT OF AGRICULTURE                               All applicants can access application                 2017. Electronic applications must be
                                                                                                        materials at http://www.grants.gov.                   submitted via grants.gov by Midnight
                                                Rural Housing Service                                                                                         Eastern time on July 24, 2017. The
                                                                                                        FOR FURTHER INFORMATION CONTACT: The
                                                Notice of Solicitation of Applications                  Rural Development office in which the                 Agency will not consider any
                                                for the Community Facilities Technical                  applicant is located. A list of the Rural             application received after this deadline.
                                                Assistance and Training Grant for                       Development State Office contacts can                   Availability of Notice: This Notice is
                                                Fiscal Year 2017                                        be found at https://www.rd.usda.gov/                  available through the USDA Rural
                                                                                                        files/CF_State_Office_Contacts.pdf.                   Development site at: https://
                                                AGENCY:   Rural Housing Service, USDA.                  Applicants located in Washington DC                   www.rd.usda.gov/newsroom/notices-
                                                ACTION:   Notice.                                       can contact Shirley Stevenson at (202)                solicitation-applications-nosas.
                                                SUMMARY:   This Notice announces that                   205–9685 or via email at                              I. Funding Opportunity Description
                                                the Rural Housing Service (Agency) is                   Shirley.Stevenson@wdc.usda.gov.
                                                                                                                                                              A. Purpose
                                                accepting Fiscal Year (FY) 2017                         SUPPLEMENTARY INFORMATION:    The Rural
                                                applications for the Community                          Housing Service (RHS), an agency                         Congress authorized the Community
                                                Facilities Technical Assistance and                     within the USDA Rural Development                     Facilities Technical Assistance and
                                                Training (TAT) Grant program. This                      mission area herein referred to as the                Training Grant program in Title VI,
                                                Notice is being issued prior to                         Agency, published a final rule with                   Section 6006 of the Agricultural Act of
                                                enactment of a full year appropriation                  comment in the Federal Register on                    2014 (Pub. L. 113–79). Program
                                                act for FY 2017. Once funding for TAT                   January 14, 2016 implementing Section                 regulations can be found at 7 CFR part
                                                has been appropriated, the Agency will                  6006 of the Agriculture Act of 2014                   3570, subpart F, which are incorporated
                                                publish the program funding level on                    (Pub. L. 113–79) which provides                       by reference in this Notice. The purpose
                                                the Rural Development Web site                          authority to make Community Facilities                of this Notice is to seek applications
                                                (https://www.rd.usda.gov/programs-                      Technical Assistance and Training                     from entities that will provide technical
                                                services/community-facilities-technical-                (TAT) Grants. The Final Rule became                   assistance and/or training with respect
                                                assistance-and-training-grant).                         effective on March 14, 2016 and is                    to essential community facilities
                                                Enactment of additional continuing                      found at 7 CFR 3570 subpart F. A                      programs. It is the intent of this program
                                                resolutions or an appropriations act may                correction amendment was published in                 to assist entities in rural areas in
                                                affect the availability or level of funding                                                                   accessing funding under the Rural
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                                                                                                        the Federal Register on May 6, 2016.
                                                for this program. The purpose of                        The purpose of this Notice is to solicit              Housing Service’s Community Facilities
                                                announcing the TAT program prior to                     applications for the FY 2017 TAT Grant                Programs in accordance with 7 CFR part
                                                the enactment of full year                              Program.                                              3570, subpart F. Funding priority will
                                                appropriations is to provide applicants                                                                       be made to private, nonprofit or public
                                                                                                        Paperwork Reduction Act
                                                sufficient time to prepare and submit                                                                         organizations that have experience in
                                                their applications in response to this                    The paperwork burden has been                       providing technical assistance and
                                                solicitation and to provide the Agency                  cleared by the Office of Management                   training to rural entities.


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Document Created: 2017-05-23 02:14:37
Document Modified: 2017-05-23 02:14:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesProducer and Handler Applications: The dates for FSA county offices to accept applications for OCCSP payments from producers and handlers for FY 2017 started on March 27, 2017, and ends on October 31, 2017, and for FY 2018, starts on October 1, 2017, and ends on October 31, 2018.
ContactSteve Peterson, (202) 720-7641.
FR Citation82 FR 23522 

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