Dates of Importance  

October 1,      New offers for continuous CRP signup may be submitted. 

October 1-7,   Tennessee Ag Enhancement Program applications accepted by Tennessee Department of Agriculture

October 9,      Offices closed in observance of Columbus Day. 

October 21,    Gibson County Bicentennial Celebration

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• Before You Break Out New Ground, Ensure Your Farm Meets Conservation Compliance
• USDA Updates Farm Loan Programs to Increase Equity
• Farmers, Homeowners Can Help Pollinators Prosper
• Filing CCC-941 Adjusted Gross Income Certifications
• Obtaining Payments Due to Deceased Producers

Before You Break Out New Ground, Ensure Your Farm Meets Conservation Compliance

The term “sodbusting” is used to identify the conversion of land from native vegetation to commodity crop production after December 23, 1985.  As part of the conservation

provisions of the Food Security Act of 1985, if you’re proposing to produce agricultural commodities (crops that require annual tillage including one pass planting operations and sugar cane) on land that has been determined highly erodible and that has no crop history prior to December 23, 1985, that land must be farmed in accordance with a conservation plan or system that ensures no substantial increase in soil erosion.

Eligibility for many USDA programs requires compliance with a conservation plan or system on highly erodible land (HEL) used to produce agricultural commodities. This includes Farm Service Agency (FSA) loan, disaster assistance, safety net, price support, and conservation programs; Natural Resources Conservation Service (NRCS) conservation programs; and Risk Management Agency (RMA) Federal crop insurance.

Before you clear or prepare areas not presently under production for crops that require annual tillage, you are required to file Form AD-1026 “Highly Erodible Land Conservation and Wetland Conservation Certification,” with FSA indicating the area to be brought into production. The notification will be referred to NRCS to determine if the field is considered highly erodible land. If the field is considered HEL, you are required to implement a conservation plan or system that limits the erosion to the tolerable soil loss (T) for the predominant HEL soil on those fields.

In addition, prior to removing trees or conducting any other land manipulations that may affect wetlands, remember to update form AD-1026, to ensure you remain in compliance with the wetland conservation provisions.

Prior to purchasing or renting new cropland acres, it is recommended that you check with your local USDA Service Center to ensure your activities will be in compliance with the highly erodible land and wetland conservation provisions.

For additional information on highly erodible land conservation and wetland conservation compliance, contact your local USDA Service Center.

USDA Updates Farm Loan Programs to Increase Equity

The U.S. Department of Agriculture (USDA) is updating its farm loan programs to better support current borrowers, including historically underserved producers. These improvements are part of USDA’s commitment to increase equity in all programs, including farm loans that provide important access to capital for covering operating expenses and purchasing land and equipment.  

The 2018 Farm Bill authorized FSA to provide equitable relief to certain direct loan borrowers, who are non-compliant with program requirements due to good faith reliance on a material action of, advice of, or non-action from an FSA official. Previously, borrowers may have been required to immediately repay the loan or convert it to a non-program loan with higher interest rates, less favorable terms, and limited loan servicing.  

Now, FSA has additional flexibilities to assist borrowers in such situations. If the agency provided incorrect guidance to an existing direct loan borrower, the agency may provide equitable relief to that borrower. FSA may assist the borrower by allowing the borrower to keep their loans at current rates or other terms received in association with the loan which was determined to be noncompliant or the borrower may receive other equitable relief for the loan as the Agency determines to be appropriate.

USDA encourages producers to reach out to their local loan officials to ensure they fully understand the wide range of loan and servicing options available that can assist them in starting, expanding or maintaining their operation.  

Additional Updates  

Equitable relief is one of several changes authorized by the 2018 Farm Bill that USDA has made to the direct and guaranteed loan programs. Other changes that were previously implemented include:  

• Modifying the existing three-year farming experience requirement for Direct Farm Ownership loans to include additional items as acceptable experience. 
• Allowing socially disadvantaged and beginning farmer applicants to receive a guarantee equal to 95%, rather than the otherwise applicable 90% guarantee. 
• Expanding the definition of and providing additional benefits to veteran farmers. 
• Allowing borrowers who received restructuring with a write down to maintain eligibility for an Emergency loan. 
• Expanding the scope of eligible issues and persons covered under the agricultural Certified Mediation Program. 

Additional information on these changes is available in the March 8, 2022 rule on the Federal Register. 

More Background 

FSA has taken other recent steps to increase equity in its programs. Last summer, USDA announced it was providing $67 million in competitive loans through its new Heirs’ Property Relending Program to help agricultural producers and landowners resolve heirs’ land ownership and succession issues. FSA also invested $4.7 million to establish partnerships with organizations to provide outreach and technical assistance to historically underserved farmers and ranchers, which contributed to a fourfold increase in participation by historically underserved producers in the Coronavirus Food Assistance Program 2 (CFAP 2), a key pandemic assistance program, since April 2021. 

Additionally, in January 2021, Secretary Vilsack announced a temporary suspension of past-due debt collection and foreclosures for distressed direct loan borrowers due to the economic hardship imposed by the COVID-19 pandemic. 

Producers can explore available loan options using the Farm Loan Discovery Tool on farmers.gov (also available in Spanish) or by contacting their local USDA Service Center. Service Center staff continue to work with agricultural producers via phone, email, and other digital tools. Due to the pandemic, some USDA Service Centers are open to limited visitors. Producers can contact their local Service Center to set up an in-person or phone appointment to discuss loan options.  

Farmers, Homeowners Can Help Pollinators Prosper

Why are pollinators so important? That’s easy - Food. One out of three bites of food can be attributed to these important creatures – such as bees, butterflies, moths, birds, beetles, bats, and a few other small mammals. Pollinators provide crucial assistance to fruit, vegetable and seed crops as well as other plants that produce fiber, medicine and fuel. For many plants, without the help of pollinators, they would be unable to reproduce.

But as you may know, pollinators are in trouble. Many are seeing decreasing populations because of habitat loss, disease, parasites and pesticide use. But there’s good news. There are simple ways you can help. It can be as easy as selecting high-quality pollinator plants for your garden. To find the best plants for your area, visit the websites of NRCS partners at the Xerces Society Pollinator Conservation Program or Pollinator Partnership.

If you operate a farm or ranch, NRCS can help you create habitat for pollinators. This not only benefits pollinators, but also provides ample perks for the farmers and ranchers, too. More pollinators can increase crop yields. Pollinators can be increased by planting wildflowers in and around fields and choosing the right cover crops. NRCS offers more than three dozen conservation practices that assist in building healthier landscapes for pollinators. NRCS can also help fund the implementation of these practices.

Habitats used by pollinators attract beneficial insects (insects that eat crop pests), and they may provide habitat for other wildlife, reduce soil erosion, and improve water quality. As you can see, pollinators and healthy habitat for pollinators help keep the ecosystem healthy. In fact, if you are putting in conservation practices to prevent soil erosion or protect stream banks, consider including wildflowers, shrubs and trees that support pollinators.

For more information, contact your Gibson County USDA Service Center at 731-855-0023 ext.3 or visit nrcs.usda.gov/pollinators.

Filing CCC-941 Adjusted Gross Income Certifications

If you have experienced delays in receiving Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) payments, Loan Deficiency Payments (LDPs) and Market Gains on Marketing Assistance Loans (MALs), it may be because you have not filed form CCC-941, Adjusted Gross Income Certification.

If you don’t have a valid CCC-941 on file for the applicable crop year you will not receive payments. All farm operator/tenants/owners who have not filed a CCC-941 and have pending payments should IMMEDIATELY file the form with their recording county FSA office. Farm operators and tenants are encouraged to ensure that their landowners have filed the form.

FSA can accept the CCC-941 for 2018, 2019, 2020, 2021, and 2022. Unlike the past, you must have the CCC-941 certifying your AGI compliance before any payments can be issued.

Obtaining Payments Due to Deceased Producers

In order to claim a Farm Service Agency (FSA) payment on behalf of a deceased producer, all program conditions for the payment must have been met before the applicable producer’s date of death.

If a producer earned a FSA payment prior to his or her death, the following is the order of precedence for the representatives of the producer:

• administrator or executor of the estate
• the surviving spouse
• surviving sons and daughters, including adopted children
• surviving father and mother
• surviving brothers and sisters
• heirs of the deceased person who would be entitled to payment according to the State law

For FSA to release the payment, the legal representative of the deceased producer must file a form FSA-325 to claim the payment for themselves or an estate. The county office will verify that the application, contract, loan agreement, or other similar form requesting payment issuance, was signed by the applicable deadline by the deceased or a person legally authorized to act on their behalf at that time of application.

If the application, contract or loan agreement form was signed by someone other than the deceased participant, FSA will determine whether the person submitting the form has the legal authority to submit the form.

Payments will be issued to the respective representative’s name using the deceased program participant’s tax identification number. Payments made to representatives are subject to offset regulations for debts owed by the deceased.

FSA is not responsible for advising persons in obtaining legal advice on how to obtain program benefits that may be due to a participant who has died, disappeared or who has been declared incompetent.