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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices
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PATHH to distribute up to $200 million as authorized by Subtitle B of Title VII
of Division N of the Consolidated Appropriations Act, 2021 CAA; Pub. L.
116260 to support timber harvesting and timber hauling businesses that have experienced a decrease in their gross revenue of 10 percent or more for the period of January 1, 2020, and December 1, 2020, compared to gross revenue for the period of January 1, 2019 and December 1, 2019. PATHH is intended for timber harvesting and hauling businesses that derive the majority of their income from timber harvesting or hauling activities.
Timber harvesting and hauling businesses are also commonly referred to as loggers and truckers. This document uses the terms timber harvesting and timber hauling businesses for consistency with the CAA. FSA is administering the direct payments under the general supervision and direction of the FSA Administrator, and the United States Forest Service USFS. USFS will provide technical assistance to FSA, which includes, but is not limited to, sharing expertise on the timber sector, connecting with stakeholders, and providing outreach and training materials.
Definitions For PATHH, the following definitions apply:
Gross revenue means the businesss gross receipts. Gross receipts are the total amounts the timber harvesting business or timber hauling business received from timber harvesting and timber hauling activities, without subtracting any costs or expenses. For PATHH, applicants should not include sale of physical assets, such as machinery or equipment, when calculating gross revenue.
Legal entity means for the purposes of administering PATHH, a timber harvesting business or timber hauling business that is a corporation, joint stock company, association, limited partnership, irrevocable trust, estate, charitable organization, or other similar organization including any such organization participating in a business structure as a general partnership, a joint venture, a grantor of a revocable trust, or as a participant in a similar organization, is considered a legal entity, subject to the payment limitation and payment eligibility requirements described in this NOFA. A business operating as a sole proprietorship is considered a legal entity.
NAICS means the 2017 North American Industry Classification System NAICS. It is the standard used by Federal statistical agencies in
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classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.
Person means an individual, natural person and does not include a legal entity.
Principal business code means a sixdigit number that classifies the main type of product a business sells or service offered. It is based on NAICS
codes and is synonymous in this notice with NAICS.
Timber means trees or logs harvested from forest land. It includes trees or logs that have been minimally processed onsite in the forest before transportation from the forest land for example, wood chips, slash, etc..
Timber harvesting business means a business, also known as a logging business, with its gross revenue derived from one or more of the following:
Cutting timber;
Cutting and transporting timber; or Producing wood chips on forest land.
In addition, the business must be classified under NAICS Code 113310 for tax purposes; or as otherwise determined by the Deputy Administrator for Farm Programs.
Timber hauling business means a business, also known as a log hauling business, with its gross revenue derived from transporting products harvested directly from forest land with vehicles registered under the laws of the state or states in which the vehicle is required to be registered as highway motor vehicles used in the transportation of timber. The business must also be classified under NAICS Code 484220 or 484230 for tax purposes and have filed IRS Form 2290 for logging vehicles for 2019 and 2020, or otherwise determined by the Deputy Administrator for Farm Programs.
United States means all 50 states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any other territory or possession of the United States.
Eligibility To be eligible for a PATHH payment, an applicant must:
Be in operation as a timber harvesting business or timber hauling business during the periods of:
January 1, 2019, through December 1, 2019, and January 1, 2020, through December 1, 2020; 1
1 Applicants must have operated for part of the eligible PATHH period in both 2019 and 2020 to be eligible for PATHH. FSA will adjust the applicants gross revenue proportionately if the
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Have had at least a 10 percent gross revenue loss when comparing the 2020
period with the 2019 period mentioned above;
Have 50 percent or more of its gross revenue derived from timber harvesting, timber hauling, or both during the periods of:
January 1, 2019, through December 1, 2019, and January 1, 2020, through December 1, 2020;
Meet all of the requirements in this NOFA;
Be a:
Citizen of the United States;
Resident alien, which for purposes of this NOFA means lawful alien as defined in 7 CFR part 1400;
Partnership of citizens or resident aliens of the United States;
Corporation, limited liability company, or other organizational structure organized under State law and solely owned by U.S. citizens or resident aliens; or Indian Tribe or Tribal organization, as defined in section 4b of the Indian Self-Determination and Education Assistance Act 25 U.S.C. 5304;
Provide names and taxpayer identification numbers of each person or legal entity that holds an ownership interest in an eligible legal entity in accordance with 7 CFR 1400.107; 2 and Comply with the provisions of 7
CFR part 12, Highly Erodible Land and Wetland Conservation, and the provisions of 7 CFR 718.6, which address ineligibility for benefits for offenses involving controlled substances.
The following types of applicants are ineligible for PATHH:
Any legal entity that includes a member at any level of ownership in the entitys ownership structure who is not a citizen of the United States or an alien lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act 8
U.S.C. 11011778;
The following types of businesses or operations:
Residential or commercial tree care;
Landscape services;
Trucking businesses that do not transport trees or logs;
Timber broker; and United States Federal, State, and local governments.
applicant did not operate during the entire PATHH
period.
2 Like all other programs administered by FSA, names and taxpayer identification numbers are required to limit payments to persons and legal entities.

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