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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
negatively affected during the 2015 and 2016 crop growing seasons and producers suffered revenue losses.
Crops were negatively affected in the following ways:
1 Host crops within a 200-meter radius of an Oriental fruit fly find had to be stripped, double bagged, transported, and disposed of in a landfill.
2 Host crops within 12 mile radius of an Oriental fruit fly find were only allowed to be harvested and sold if a post-harvest treatment plan was implemented. This option was expensive and unfeasible, as there were no post-harvest treatment facilities in Miami-Dade County, Florida.
3 Host crops within the quarantine area, but outside the 200 meter and 12
mile radius were required to follow a 30-day pre-harvest treatment plan or post-harvest treatment plan to be harvested and sold. The pre-harvest treatment plan was expensive and sometimes impractical, as the treatment method involved a 30-day pre-harvest treatment of pesticide at 6 to 10-day intervals. Therefore, crops suffered revenue losses due to crop drop, spoilage, reduced post-harvest shelf life, and costly methods to complete preor post-harvest treatment.
4 Producers within the quarantine area, may have been prevented from planting an annual crop in the 2015 or 2016 season as a response to the perceived risk of the Oriental fruit fly outbreak.

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Producer Eligibility for the OFF Program To be eligible for the OFF Program, the producer must have been actively producing and marketing crops from August 28, 2015, through February 13, 2016, and also be affected by the State of Florida and APHIS implemented quarantine. Producers will not be required to be in the business of producing and marketing agricultural products at the time of the OFF Program application.
OFF Program Application Process Producers must submit OFF Program applications to their administrative FSA
county office by the deadline that will be announced by an FSA press release and FSA notice, by DAFP. A complete OFF Program application consists of filing an FSA438, Oriental Fruit Fly Program OFF Application. If not already on file with FSA, applicants must also submit AD1026, Highly Erodible Land Conservation HELC and Wetland Conservation WC
Certification; CCC902, Farm Operating Plan for Payment Eligibility; CCC901
Member Information for Legal Entities,
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if applicable; CCC941, Average Adjusted Gross Income AGI
Certification and Consent to Disclosure of Tax Information; and CCC942
Certification of Income from Farming, Ranching and Forestry Operations, if applicable. Actively engaged in farming requirements, cash rent tenant rules, and rules for foreign persons will not apply.
The producers self-certified gross revenue for the applicable calendar years entered on the FSA438 is subject to compliance spot-check and based on their verifiable or reliable documentation that substantiate the information provided by the producer on FSA438. Gross revenue is income from crop sales received during the applicable calendar years for the crops that suffered a loss due to the Oriental fruit fly quarantine.
The following is an example of how an OFF Program payment will be calculated:
Calendar Year 2014 Gross Revenue =
$200,000
Calendar Year 2015 Gross Revenue =
$150,000
Calendar Year 2016 Gross Revenue =
$160,000
$200,000$150,000 = $50,000 2015
Gross Revenue Loss $200,000$160,000 = $40,000 2016
Gross Revenue Loss $90,000 Total 2015 & 2016 Gross Revenue Loss 70% OFF Program Factor = $63,000
OFF Program Payment The following is an example of how an OFF Program payment will be calculated if the producer did not have 2014 revenue. The producers 2019
revenue will be used in place of the 2014 revenue:
Calendar Year 2019 Gross Revenue =
$150,000
Calendar Year 2015 Gross Revenue =
$110,000
Calendar Year 2016 Gross Revenue =
$90,000
$150,000$110,000 = $40,000 2015
Gross Revenue Loss $150,000$90,000 = $60,000 2016
Gross Revenue Loss $100,000 Total 2015 & 2016 Gross Revenue Loss 70% OFF Factor = $70,000 OFF
Program Payment After the application period closes, payments will be prorated if the total calculated payments to all eligible producers would exceed funding.
It is possible a producer may not receive a payment if there is no gross revenue loss determined. Below is an example of a zero payment.
Calendar Year 2014 Gross Revenue =
$200,000

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Calendar Year 2015 Gross Revenue =
$220,000
Calendar Year 2016 Gross Revenue =
$210,000
$200,000$220,000 = $20,000 2015
Gross Revenue Gain $200,000$210,000 = $10,000 2016
Gross Revenue Gain $30,000 Gross Revenue Gain There is no revenue loss for calendar years 2015 and 2016, therefore the OFF
Program payment will be zero.
Conservation Reserve Program Under CRP, CCC will enter into contracts with eligible producers to convert eligible land to an approved cover during the contract period in return for financial and technical assistance. A producer must obtain and adhere, for the contract period, to a conservation plan prepared in accordance with CCC guidelines and the other provisions in 1410.22. The objectives of CRP are to cost-effectively reduce water and wind erosion, protect the Nations long-term capability to produce food and fiber, reduce sedimentation, improve water quality, create and enhance wildlife habitat, and other objectives including, as appropriate, addressing issues raised by State, regional, and national conservation initiatives and encouraging more permanent conservation practices, including, but not limited to, tree planting. FSA administers CRP on behalf of CCC.
Two discretionary requirements that were added to the CRP regulation in 7
CFR part 1410 from an interim rule published on December 6, 2019, are being removed because they limit participation in CRP.
The requirement in 1410.6e4iii is being removed because it has affected enrollment by reducing the rental payment rate for the acres within the footprint of the resource conservation measures otherwise required by Tribal, State, or other local laws, ordinances, or regulations. Once removed, contracts with reduced payment rates will be modified if CCC and the participant agree to modify the contract under 1410.33a3 if doing so, in CCCs determination, will facilitate the practical administration of CRP. The contract modification would apply to future contract payments and subsequent years.
The requirement in 1410.90c has the potential of limiting interest and opportunity for potential Conservation Reserve Enhancement Program CREP
partners, due to the level of the cash matching fund requirement for direct payments. Sixty-seven public comments were received in response to the CRP

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