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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices
Payment Limitation A person or legal entity cannot receive payments of more than $125,000
under PATHH. FSA may reduce the maximum payment limitation after all applications are received based on available funding. Like all other programs administered by FSA, payments made to a PATHH applicant that is a Indian Tribe or Tribal organization, as defined in section 4b of the Indian Self-Determination and Education Assistance Act 25 U.S.C.
5304, will not be subject to payment limitation.

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Application To apply for PATHH, each eligible timber harvesting business and timber hauling business must complete the form FSA1118, Pandemic Assistance for Timber Harvesters and Haulers PATHH Program Application, which is available at https www.farmers.gov/
PATHH and in FSA county offices. A
complete form FSA1118 must be submitted in person, by mail, email, OneSpan,3 Box,4 or facsimile to any FSA county office 5 by October 15, 2021.
In addition to the form FSA1118, an applicant must submit the additional forms discussed below. Failure of an individual, legal entity, or a members of a legal entity to submit the following payment limitation and payment eligibility forms within 60 days from the date of submitting the PATHH
application may result in no payment or a reduced payment, as explained in the previous section.
Applicants will be required to complete form AD2047 Customer Data Worksheet. This form must be filled out for all applicants, as well as members who own a share in any legal entity 3 OneSpan is a secure eSignature solution for FSA
customers. No software downloads or eAuthentication is required for OneSpan.
Applicants interested in eSignature through OneSpan can confirm their identity through twofactor authentication 2FA. For the second factor of authentication, applicants can use a text message with verification code sent to their mobile device or a personalized question and answer. Once identity is confirmed, documents can be reviewed and e-signed through OneSpan via the applicants personal email address and, once signed, immediately become available to the appropriate FSA county office staff.
4 Box is a secure, cloud-based site where FSA
documents can be managed and shared. Applicants who choose to use Box can create a username and password to access their secure Box account, where documents can be downloaded, printed, manually signed, scanned, uploaded, and shared digitally with FSA county office staff. This service is available to any FSA customer with access to a mobile device or computer with printer connectivity. Box does not require software downloads or an eAuthentication account.
5 The FSA county office locator can be found at the following site under the Find Your Local Service Center section: https www.farmers.gov/.

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applicants, who have not previously provided detailed information to USDA
that accurately identifies the applicant or member.
To facilitate administration of the payment limitation and eligibility requirements, an applicant that is a legal entity, such as a limited liability company, will be required to complete form CCC901 Member Information for Legal Entities and provide names and taxpayer identification numbers of all members holding an ownership interest in the legal entity.
A highly erodible land conservation sometimes referred to elsewhere as HELC and wetland conservation certification form AD1026 Highly Erodible Land Conservation HELC and Wetland Conservation WC
Certification for PATHH applicant and applicable affiliates will be required for all applicants.
An applicant applying as a timber hauling business must submit a copy of IRS Form 2290 Heavy Highway Vehicle Use Tax Return for logging vehicles for 2019 and 2020 or they will be ineligible for a PATHH payment. For a timber hauling business that only operates on Tribal land, Form 2290 will not be required. The timber hauling business will certify to this on the FSA1118.
Under special circumstances, as determined by FSA, a timber hauling business that does not otherwise use Form 2290 may request an exemption.
If requested by FSA, the applicant must provide additional documentation to verify eligibility of the information included on the application, such as tax records with NAICS 113310 or 484220, as well as evidence that supports the gross revenue the applicant received from timber harvesting or hauling, such as tax returns, payment receipts, and other documentation that is determined acceptable by FSA.
An applicant, whether a person or legal entity, that either fails to timely provide all required documentation or fails to satisfy an eligibility requirement for the PATHH, is not eligible to receive PATHH payments. A PATHH payment to an eligible legal entity applicant whose members either fails to timely submit a separate AD2047 form or fails to satisfy an eligibility requirement, other than the requirement that the member be a citizen of the United States or an alien lawfully admitted into the United States for permanent residence,6
will be reduced proportionate to that members ownership share.
6 If a member fails to satisfy this eligibility requirement, the applicant is not eligible under the PATHH.

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PATHH participants are required to retain documentation in support of their application for 3 years after the date of approval.
Participants receiving PATHH
payments or any other person who furnishes such information to USDA
must permit authorized representatives of FSA or the Government Accountability Office, during regular business hours, to enter the participants business and to inspect, examine, and to allow representatives to make copies of books, records, or other items for the purpose of confirming the accuracy of the information provided by the participant.
Payment For eligible applicants, if gross revenue for the period of January 1, 2020, through December 1, 2020, decreased by at least 10 percent compared to gross revenue for the period of January 1, 2019, through December 1, 2019, the payment amount will be calculated as follows:
Gross revenue received from January 1, 2019, through December 1, 2019, minus gross revenue received from January 1, 2020, through December 1, 2020;
Multiplied by 80 percent.
For applicants whose business either originated between January 1, 2019, and December 1, 2019, or dissolved in between January 1, 2020, and December 1, 2020, the applicant must report the amount of time they were in business during the eligible PATHH periods of January 1, 2019, through December 1, 2019, and January 1, 2020, through December 1, 2020, on their application, and FSA will adjust gross revenue proportionally for the purpose of payment calculation. If there was a change in the ownership of an entity in 2019, but the entitys name and business remain the same, the entity is not considered to have originated in 2019.
For example, Timber Business A
originated on July 17, 2019. It is still in operation today; therefore, it was in operation during PATHH periods January 1, 2020, through December 1, 2020, 336 days and July 17, 2019, to December 1, 2019 138 days. The businesss gross revenue is $140,000 for 2019, and $200,000 in 2020. Since the number of days the business existed in 2019 is not the same as the number of days it existed in 2020, the businesss gross revenue for 2019 will be calculated on a daily basis, and that daily revenue will then be multiplied by the number of days it operated in 2020.
This will allow an equitable comparison of the gross revenue for the 2 years to determine the loss. To calculate the
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