2Supporting Statement-10-30-06

2Supporting Statement-10-30-06.doc

Emergency Conservation Program

OMB: 0560-0082

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UNITED STATES DEPARTMENT OF AGRICULTURE


Farm Service Agency


Supporting Statement

Emergency Conservation Program

OMB Number 0560-0082



7 CFR §701 Emergency Conservation Program (and Certain Related Programs Previously Administered Under This Part)


This is a request for approval of a revision of an OMB clearance for the currently approved information collection required by the regulations at 7 CFR Part 701.


This request accounts for the burden associated with using form AD-245 for the following programs:


CRP (Conservation Reserve Program) 7 CFR 1410

ECP (Emergency Conservation Program) 7 CFR 701



Status of Rules:


The Emergency Conservation Program Regulation at 7 CFR Part 701 sets forth the basic policies, program provisions and eligibility requirements, as determined by the Secretary, under which cost sharing will be made available to eligible agricultural producers/landowners for carrying out approved conservation and emergency conservation measures.


Change(s) to the Information Collections since Last Submission:


The following will affect the last submission of the information collection package:


P. L. 109-234, enacted June 15, 2006, approved the transfer of all provisions related to oyster assistance along with $38,000,000 from the ECP to NOAA.


The Emergency Conservation Program continues to utilize the AD-245.


The Conservation Reserve Program utilizes the AD-245 for producers who request cost-share assistance.


Also, there are no recordkeeping requirements generated by the regulations. The record keeping requirements associated with receiving cost-share payments would be maintained as normal business practices, have no burden impact, and have been previously approved under OMB No. 0560-0082.


Justification


  1. Circumstances Making Collection of Information Necessary.

The Farm Service Agency (FSA), in cooperation with the Natural Resources Conservation Service (NRCS), the Forest Service (FS), and other agencies and organizations, provides eligible producers and landowners cost-share incentives and technical assistance through several conservation and environmental programs to help farmers, ranchers, and other eligible landowners and operators conserve soil, improve water quality, develop forests, and rehabilitate farmland severely damaged by natural disasters.


The Conservation Reserve Program (CRP) authorizes by the Food Security Act of 1985, as amended. The CRP is a voluntary program that offers annual rental payments and cost-share assistance to establish long-term resource-conserving covers on eligible land. Under the CRP, FSA will pay up to 50 percent of the eligible cost of establishing a permanent cover on CRP land. Eligible land must be land that is under a CRP contract.


The Emergency Conservation Program (ECP), authorized by the Agricultural Credit Act of 1978 (16 U.S.C. 2201-2205), provides emergency funds for sharing with agricultural producers the cost of rehabilitating farmland damaged by natural disaster, and for carrying out emergency water conservation measures during periods of severe drought. Financial assistance for ECP measures may be made available in any State or area which has experienced a natural disaster of such magnitude that emergency measures, as determined by the local FSA county committee are required.


2. How and by Whom, and for What Purposes is This Information Used.


Form AD-245 is used to request assistance and certify completion to receive cost-share payments for the CRP and ECP. The FSA county committee receives the information collected on the AD-245 to determine if the person, land, and practices are eligible for participation in the respective program and to receive cost-share assistance. The AD-245 is also used by the FSA county committee to document actions taken on eligible requests which fall within the established goals and priorities identified by the FSA county committee, for addressing the problems in the county within available funds. Eligible participants are required to report performance on the AD-245 and supply or have available certain receipts and/or sales documents to substantiate the actual cost incurred for performing the work. County FSA offices compute cost-share payments earned by participants based on the information reported by the applicant that is substantiated by the receipts and/or sales documents.


Instructions for completing AD-245 are self explanatory but assistance in filling out the form is available at the FSA County Office.


FSA-18 is an applicants’ agreement to complete an uncompleted practice. The applicant completes the form, using data from the AD-245, page 2, to agree in writing to complete a practice. The form is used primarily when an applicant receives a partial payment for an uncompleted practice.


Form FSA-849 is required to ensure capture insurance payment data which shall be used to ensure that payments, as authorized by the Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006, are correctly made. Instructions for completing FSA-849 will be provided upon visiting the local county FSA office.


3. Use of Improved Information Technology


This information collection is already in compliance with Government Paperwork Elimination Act which directs agencies to allow the option of electronic submission where practicable for the public.


The FSA-18 is available at http://forms.sc.egov.usda.gov/eforms/mainservlet for the public to do electronic submission to FSA by following the instructions provided.


To help the FSA County Office assist the producer in completing form AD-245, the FSA System 36 has automated the AD-245, which simplifies the preparation of the form with computer supplied data and automated calculations. FSA has also automated aspects of its conservation programs to aid in the monitoring of funds and to produce monthly administrative status reports.


Form FSA-849 may be electronically accessed and will be completed and submitted while visiting the local county FSA office.


4. Efforts to Identify Duplication.


The information collected on the forms used in the CRP and ECP are not duplicated by any other collection methods. The information relates specifically to practices and practice components that are designed specifically to the intentions on the individual programs.


5. Methods to Minimize Burden on Small Business or Other Small Entities.


The information collected does not adversely impact small businesses or other small entities.


6. Consequences if Information Collection Were Less Frequent.


If this information was collected less frequently, FSA would not be able to make eligibility determinations and compute payments in a timely manner.


7. Special Circumstances


1. Requiring respondents to report informa­tion to the agency more often than quarterly; The respondents are not required to report more often than quarterly.

2. Requiring respondents to prepare a writ­ten response to a collection of infor­ma­tion in fewer than 30 days after receipt of it; The respondents are not required to write response to this information collection.

3. Requiring respondents to submit more than an original and two copies of any docu­ment; The respondents are not required to submit more than an original and two copies of documents. .

4. Requiring respondents to retain re­cords, other than health, medical, governm­ent contract, grant-in-aid, or tax records for more than three years; The respondents are not required to retain records more than three years.

5. In connection with a statisti­cal sur­vey, that is not de­signed to produce valid and reli­able results that can be general­ized to the uni­verse of study; This information collection does not contain any statistical survey.

6. Requiring the use of a statis­tical data classi­fication that has not been re­vie­wed and approved by OMB; This information collection does not contain any statistical survey.

. 7. That includes a pledge of confiden­tiali­ty that is not supported by au­thority estab­lished in statute or regu­la­tion, that is not sup­ported by dis­closure and data security policies that are consistent with the pledge, or which unneces­sarily impedes shar­ing of data with other agencies for com­patible confiden­tial use; or

This information collection does not contain any statistical survey to meet the pledge of confidentiality.

8. Requiring respondents to submit propri­etary trade secret, or other confidential information unless the agency can demon­strate that it has instituted procedures to protect the information's confidentiality to the extent permit­ted by law. The respondents are not submitting any proprietary trade secret or other confidential information.

8. Federal Register Notice, Summarization of Comments, and Consultation with Persons Outside the Agency.


A Federal Register Notice and request for comment was published in the Federal Register (Vol. 71, No. 47, 12333) on March 10, 2006. No comments were received.


The agency contacted the following persons for consultation on the package who have a working knowledge of forms used for the program. The names and addresses of those producers are:


Phil Brockman

P. O. Box 457

Aroda, VA 22709


Kenneth Stehr & Sons

RR1, Box 111

Pitman, PA 17964-9235

Andy Mack Penny

8197 NC 50 Hwy.

Angier, NC 27501


9. Explain Any Decision to Provide Any Payment or Gift to Respondents.


There are no plans to provide any payment or gift to respondents.


10. Confidentiality Provided to Respondents.


ECP requests are handled according to established FSA procedures implementing the Privacy and Freedom of Information Act of 1974, and OMB Circular A-130, Responsibilities for the Maintenance of Records about Individuals by Federal Agencies.


11. Questions of a Sensitive Nature.


No data is collected on these forms that may be considered sensitive or personal in nature.


12. Estimates of Burden.


Based on the additional funding provided for the ECP and CRP by the Act, we anticipate that there will be 90,000 respondents for conservation program participation and

AD-245 requests for cost-share. Each respondent will complete one AD-245 annually. Each response will average 15 minutes for a total public burden of 22,500 hours.


Based on revised estimates for conservation program participation and FSA-18 agreement to complete a practice, there will be approximately 300 respondents. Each respondent will complete one FSA-18 annually for a total of 300 responses. Each response will average 10 minutes for a total public burden of 50 hours.


We estimate that there will be 120 applicants for the special poultry house practice (FSA-849). Each certification statement will take the applicant approximately 15 minutes to complete which will mean a public burden of 30 hours.


There is a burden of travel time for respondents who come into the FSA county office to request cost-share assistance under the CRP or ECP. It is estimated that because of additional activity due to the Act, approximately 45,000 (roughly 50 percent) of the respondents will have travel time to and from the county office. Each trip is estimated to take 60 minutes for a total public burden hours of 45,000.


Total burden hours are 67,580.


The average hourly rate for the respondents is $12.00. The respondent’s annual cost burden associated with this information collection is $810,960 (67,580 x $12.00).


13. Total Annual Cost Burden to Respondents or Record Keepers.


There are no start-up or capital investment costs associated with this information collection.


14. Provide Estimates of Annualized Cost to the Federal Government.


The estimated annualized cost to the Federal Government is


Paper, storage, and dissemination of data:$12,621

(180,300 forms times $.07 per form: AD-245 page 1

and page 2 [90,000 times 2] and FSA-18 [300])

Program administration:


Average PA salary at GS-5 step 5 ($30,261) and

GS-7 Step 5 ($37,481) = $33,871 or 16.28/hour.

Average CED salary at GS9 Step 5 ($45,848) and GS 11 Step 5

($50,489) = $20.16/hour.


To process an AD-245 through all its steps will take 30 minutes.

90,000 AD-245’s x 30 minutes times $16.28 = $732,600

To process an FSA-18 takes 5 minutes. 300 times 5 minutes

times $16.28 = $407


To process the FSA-849 will take about 5 minutes. 120 times 5 minutes

times $16.28 = $163


ECP Program Manager: GS-14 step 5 salary at $103,594 per year =.

$103,594.


Total estimated annualized cost to the Federal Government = $836,764


15. Reasons for Change in Burden


The total burden hours will decrease by 22,515 burden hours (90,075 hours minus 67,580 hours). The program change is due to the decrease in need for the ECP and Emergency Forestry, CRP because the first year has passed in which the majority of requests would be received.


16. Tabulation, Analysis, and Publication Plans.


The number of applications filed and the number of approvals are not tabulated and published as such. However, at the end of each fiscal year, data are compiled which includes the number of farms and participants, practice accomplishments by units completed, and cost-shares earned. The data is published annually and used by managers responsible for the programs. The publication is also furnished to other agencies and others interested in the programs.


17. Reasons Display of Expiration Data of OMB Approval is Inappropriate.


Because forms AD-245, FSA-18, and FSA-849 are automated, display of expiration date of OMB approval would require FSA to update the software and the form every 3 years.


18. Exceptions to 83-1 Certification Statement.


The FSA is able to certify compliance with all provisions under Item 19 of OMB Form 83- I.


19. How is This Information Collection Related to the Customer Service Center. Will This Information be Part of Their One-Stop Shopping.


The CRP and ECP services are available to farmers through FSA County Offices and USDA Service Centers. Also, the electronic form of FSA-18 and FSA-849 are available at http://forms.sc.egov.usda.gov/eforms/mainservlet to the public. Any agencies under the U.S. Department of Agriculture that have a similar conservation programs and the farmers use the AD-245.


File Typeapplication/msword
File TitleJuly 29, 2005
Last Modified Byusda
File Modified2006-11-21
File Created2006-11-03

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