IMPORTANT DATES TO REMEMBER

• EMERGENCY GRAZING AVAILABLE ON CERTAIN CRP CONTRACTS -  after March 15 -  50% reduced stocking rate
• February 27, 2023 - April 7, 2023 - CRP General Sign Up 60 signup period
• March 15 – July 15 - PRIMARY NESTING SEASON for CRP contracts
• June 2, 2023 - ERP Phase 2 and PARP Deadline

Disclaimer:  Information in this UPDATE is pertinent to Kiowa County FSA only.  Producers reading this and that do not have FSA interest in Kiowa County are advised to contact their local FSA Office. 

THE USDA SERVICE CENTER HAS A DROP BOX AVAILABLE ON THE EAST SIDE OF THE BUILDING. 

Farm Program Policy Reminders -  Part 1

Annual Review of Payment Eligibility for New Crop Year

FSA and NRCS program applicants for benefits are required to submit a completed CCC-902 (Farming Operation Plan) and CCC-941 Average Gross Income (AGI) Certification and Consent to Disclosure of Tax Information for FSA to determine the applicant’s payment eligibility and establish the maximum payment limitation applicable to the program applicant.

Participants are not required to annually submit new CCC-902s for payment eligibility and payment limitation purposes unless a change in the farming operation occurs that may affect the previous determination of record. A valid CCC-902 filed by the participant is considered to be a continuous certification used for all payment eligibility and payment limitation determinations applicable for the program benefits requested. 

Participants are responsible for ensuring that all CCC-902 and CCC-941 and related forms on file in the county office are updated, current, and correct. Participants are required to timely notify the county office of any changes in the farming operation that may affect the previous determination of record by filing a new or updated CCC-902 as applicable.                           

Changes that may require a NEW determination include, but are not limited to, a change of:

• Shares of a contract, which may reflect: 
  • A land lease from cash rent to share rent
  • A land lease from share rent to cash rent (subject to the cash rent tenant rule
  • A modification of a variable/fixed bushel-rent arrangement
• The size of the producer’s farming operation by the addition or reduction of cropland that may affect the application of a cropland factor
• The structure of the farming operation, including any change to a member's share
• The contribution of farm inputs of capital, land, equipment, active personal labor, and/or active personal management
• Farming interests not previously disclosed on CCC-902 including the farming interests of a spouse or minor child
• Certifications of average AGI are required to be filed annually for participation in an annual USDA program.  For multi-year conservation contracts and NRCS easements, a certification of AGI must be filed prior to approval of the contract or easement and is applicable for the duration of the contract period. 

Participants are encouraged to file or review these forms within the deadlines established for each applicable program for which program benefits are being requested.

Payment Limitation

Program payments may be limited by direct attribution to individuals or entities. A legal entity is defined as an entity created under Federal or State law that owns land or an agricultural commodity, product or livestock. Through direct attribution, payment limitation is based on the total payments received by a person or legal entity, both directly and indirectly. Qualifying spouses are eligible for a separate payment limitation.

Payments and benefits under certain FSA programs are subject to some or all of the following:

• payment limitation by direct attribution (including common attribution)
• payment limitation amounts for the applicable programs
• substantive change requirements when a farming operation adds persons, resulting in an increase in persons to which payment limitation applies
• actively engaged in farming requirements
• cash-rent tenant rule
• foreign person rule
• average AGI limitations
• programs subject to AGI limitation

No program benefits subject to payment eligibility and limitation will be provided until all required forms for the specific situation are provided and necessary payment eligibility and payment limitation determinations are made.

Payment eligibility and payment limitation determinations may be initiated by the County Committee or requested by the producer.

Statutory and Regulatory rules require persons and legal entities, provide the names and Tax Identification Numbers (TINs) for all persons and legal entities with an ownership interest in the farming operation to be eligible for payment. 

Payment eligibility and payment limitation forms submitted by persons and legal entities are subject to spot check through FSA’s end-of-year review process.

Persons or legal entities selected for end-of-year review must provide the County Committee with operating loan documents, income and expense ledgers, canceled checks for all expenditures, lease and purchase agreements, sales contracts, property tax statements, equipment listings, lease agreements, purchase contracts, documentation of who provided actual labor and management, employee time sheets or books, crop sales documents, warehouse ledgers, gin ledgers, corporate or entity papers, etc.

A finding that a person or legal entity is not actively engaged in farming results in the person or legal entity being ineligible for any payment or benefit subject to the actively engaged in farming rules.

Noncompliance with AGI provisions, either by exceeding the applicable limitation or failure to submit a certification and consent for disclosure statement, will result in payment ineligibility for all program benefits subject to AGI provisions. Program payments are reduced in an amount that is commensurate with the direct and indirect interest held by an ineligible person or legal entity in any legal entity, general partnership, or joint operation that receives benefits subject to the average AGI limitations.

If any changes occur that could affect an actively engaged in farming, cash-rent tenant, foreign person, or average Adjusted Gross Income (AGI) determination, producers must timely notify the County FSA Office by filing revised farm operating plans and/or supporting documentation, as applicable. Failure to timely notify the County Office may adversely affect payment eligibility.

Acreage Reporting

Timely filing an accurate crop and acreage report by the acreage reporting date at your local FSA office can prevent the loss of benefits for a variety of programs.

Failed acreage is acreage that was timely planted with the intent to harvest, but because of disaster related conditions, the crop failed before it could be brought to harvest.

Prevented planting must be reported no later than 15 days after the final planting date. Annual acreage reports are required for most FSA programs. Annual crop reporting deadlines vary based on region, crop, perennial vs. annual crop type, Noninsured Crop Disaster Assistance Program (NAP) or non-NAP crop and fall or winter seeding. Consult your local FSA office for deadlines in your area.

To find your FSA office go to https://offices.sc.egov.usda.gov/locator/app?state=co&agency=fsa