[Federal Register: June 11, 2009 (Volume 74, Number 111)]
[Notices]
[Page 27767-27772]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn09-31]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 27767]]
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
RIN 0560-AH92
Notice of Funds Availability (NOFA) for the Collection, Harvest,
Storage, and Transportation of Eligible Material
AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.
ACTION: Notice.
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SUMMARY: This NOFA announces that funds are being made available
beginning in 2009 for certain provisions of the Biomass Crop Assistance
Program (BCAP) established by the Food, Conservation, and Energy Act of
2008 (2008 Farm Bill), in order to provide matching payments to certain
persons or entities for the collection, harvest, storage, and
transportation (CHST) of eligible material delivered to qualified
biomass conversion facilities.
DATES: We will consider comments on the information collection that we
receive by August 10, 2009.
ADDRESSES: We invite you to submit comments on the NOFA and the related
information collection that is described in the Paperwork Reduction Act
section. In your comment, include the date, volume, and page number of
this issue of the Federal Register. All comments will become a matter
of public record.
You may submit comments by any of the following methods:
Mail: Farm Service Agency (FSA), USDA, ATTN: Mike
Linsenbigler, Acting Director, Conservation and Environmental Programs
Division, STOP 0513, 1400 Independence Ave., SW., Washington, DC 20250.
E-mail: Send comment to: mike.linsenbigler@wdc.usda.gov.
Fax: (202) 720-4619.
For comments on the information collection, you may also send
comments to the Desk Officer for Agriculture, Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, DC
20503.
FOR FURTHER INFORMATION CONTACT: Mike Linsenbigler, (202) 720-6221.
SUPPLEMENTARY INFORMATION: Section 9001 of the 2008 Farm Bill (Pub. L.
110-246) amends Title IX of the Farm Security and Rural Investment Act
of 2002 by adding section 9011 to authorize BCAP. The purpose of BCAP
is to assist agricultural and forest land owners and operators with the
collection, harvest, storage, and transportation of eligible material
for use in a biomass conversion facility and to support the
establishment and production of eligible crops for conversion to
bioenergy in selected BCAP project areas.
On May 5, 2009, the President issued a Presidential Directive to
Secretary of Agriculture Tomas R. Vilsack to aggressively accelerate
the investment in and production of biofuels (published in the Federal
Register on May 7, 2009 (74 FR 21531-21532)). Secretary Vilsack also
announced that he will help lead an unprecedented interagency effort to
increase America's energy independence and spur rural economic
development.
The Presidential directive requests that Secretary Vilsack take
steps to the extent permitted by law to expedite and increase
production of and investment in biofuel development efforts by, among
other things, making renewable energy financing opportunities from the
2008 Farm Bill available within 30 days, which includes guidance and
support for collection, harvest, storage, and transportation assistance
of eligible materials for use in biomass conversion facilities.
This NOFA represents the first in a multi-step process to implement
BCAP and is published to provide guidance for interested parties on
CHST pursuant to the Presidential Directive. In conjunction with this
NOFA, FSA will be undertaking public meetings pursuant to the notice
published on May 13, 2009, for the preparation of an Environmental
Impact Statement (EIS) for BCAP (74 FR 22510-22511). FSA requested
public comments and is holding six public meetings throughout the
nation. Comments for consideration must be received by June 12, 2009.
Comments may be e-mailed to bcapeis@geo-marine.com or faxed to (757)
873-3703. Mail comments to: BCAP EIS c/o Geo-Marine, Inc., 2713
Magruder Boulevard, Suite D, Hampton, Virginia 23566. CCC initially
solicited comments on a proposed EIS in the Federal Register on October
1, 2008 (73 FR 57047-57048). FSA will be incorporating the public
comments from the public meetings, other public comments previously
submitted and those comments submitted in response to this NOFA into
rulemaking for CHST later this year. Finally, the full EIS and all
comments and lessons learned from three BCAP notices (including this
NOFA) will be incorporated into the rulemaking for the entire BCAP
program, which will include CHST.
General Discussion
This NOFA provides a general discussion of the provisions that will
be used to administer payments for the collection, harvest, storage,
and transportation of eligible material delivered to qualified biomass
conversion facilities in advance of the rule on BCAP (including CHST).
In particular it provides policies and processes for (1) providing
payments for the collection, harvest, storage, and transportation of
eligible material to qualified biomass conversion facilities and (2)
qualifying CHST biomass conversion facilities. The CHST matching
payment program as established in this NOFA will be implemented under
the general direction and supervision of the Executive Vice President,
CCC, and the Deputy Administrator for Farm Programs, FSA (Deputy
Administrator). On an individual case basis, the Deputy Administrator
may consider granting an exception to requirements of this NOFA if the
exception is not inconsistent with the 2008 Farm Bill requirements or
other applicable law and it will not adversely affect the CHST matching
payments program. Section 9011 (d) and (f) provides authority to use
such sums as necessary of CCC funds to carry out BCAP, including for
CHST matching payments.
The purpose of the CHST matching payment program is to assist
eligible persons or entities with the collection, harvest, storage, and
transportation of eligible material delivered for use in a CHST-
qualified biomass conversion facility in advance of full implementation
of BCAP. Through the CHST matching payment program CCC
[[Page 27768]]
will provide payments at a rate of $1 for each $1 per dry ton paid by
the CHST-qualified biomass conversion facility to the owner for
delivery of eligible material to the facility in an amount not to
exceed $45 per dry ton. This program will be available to eligible
material owners for a period of two years. These matching payments may
be made to persons delivering eligible material to a CHST qualified
biomass conversion facility who possess the right to collect or harvest
eligible material and are considered the owners of the eligible
material.
Definitions
The following definitions will be used for CHST:
Arm's-length transaction means a transaction between ready,
willing, and able disinterested parties who are not affiliated with or
related to each other and have no security, monetary, or stockholder
interest in each other, with the exception that members of either (1)
an association of agricultural producers or (2) farmer cooperative
organizations, or (3) a farmer cooperative, may deliver and sell at
market rates eligible material to such associations, organizations or
cooperatives they have a monetary or stockholder interest in and such
transaction may be considered arm's-length transactions.
Bill of lading means a document issued by a carrier to a shipper,
acknowledging that specified goods have been received on board as cargo
for conveyance to a named place for delivery to the consignee who is
usually identified (also known as a ``BOL'' or ``B/L'').
Biobased CHST product means a product, determined by the Deputy
Administrator to be a commercial or industrial product (other than food
or feed) that is:
(1) Composed in whole, or in significant part, of biological
products, including renewable domestic agricultural materials and
forestry materials or
(2) An intermediate ingredient or feedstock.
Biobased product does not mean commercially produced timber,
lumber, wood pulp or other finished wood products.
Biomass conversion facility means a facility that converts or
proposes to convert eligible material into:
(1) Heat,
(2) Power,
(3) Biobased products, or
(4) Advanced biofuels.
CCC stands for the Commodity Credit Corporation.
CHST stands for collection, harvest, storage, and transportation
activities or, some combination thereof, for eligible material.
CHST matching payments means those CCC payments provided at a rate
of $1 for each $1 per dry ton paid by the CHST-qualified biomass
conversion facility to the owner for delivery of eligible material to
the facility in an amount not to exceed $45 per dry ton pursuant to
this NOFA.
CHST matching payment program means the program established by this
NOFA for the collection, harvest, storage, and transportation of
eligible material delivered to a qualified biomass conversion facility.
CHST qualified biomass conversion facility means a biomass
conversion facility that meets all the requirements for qualification
outlined in this NOFA, for which the facility owners enters into a
memorandum of understanding (MOU) for such facility qualification with
the Deputy Administrator.
Deputy administrator refers to the FSA Deputy Administrator for
Farm Programs, FSA, or a designee.
Eligible material is, for purposes of the CHST matching payment
program, renewable biomass with the following exclusions:
(1) Harvested grains, fiber, or other commodities eligible to
receive payments under Title I of the 2008 Farm Bill;
(2) Animal waste and animal waste-byproducts including fats, oils,
greases, and manure;
(3) Food waste and yard waste; or
(4) Algae.
Eligible material owner, for purposes of the CHST matching payment
program, means a person having the right to collect or harvest eligible
material and that has delivered the eligible material to a CHST
qualified biomass conversion facility and including:
(1) For eligible material collected from private lands, including
cropland, the owner of the land, the operator or producer conducting
farming operations on the land, or any other person designated by the
owner of the land and
(2) For eligible material collected from public lands, those
persons with the right to collect eligible material pursuant to a
contract or permit with the Forest Service or other appropriate Federal
agency, such as a timber sale contract, stewardship contract or
agreement, service contract or permit, or related applicable Federal
land permit or contract, and who have submitted the permit or contract
authorizing such collection for reproduction by FSA.
EPA refers to the U.S. Environmental Protection Agency.
Farm cooperative means a farmer- or rancher-owned and controlled
business from which benefits are derived and distributed equitably on
the basis of use by each of the farmer or rancher owners.
Farmer cooperative organization means a cooperative organization or
an entity, not chartered as a cooperative that operates as a
cooperative in that it is owned and operated for the benefit of its
members, including the manner in which it distributes its dividends and
assets.
Food waste means a material composed primarily of food items, or
originating from food items, or compounds from domestic, municipal,
food service operations, or commercial sources, including food
processing wastes, residues, or scraps.
FSA refers to the Farm Service Agency.
Indian Tribe has the same meaning as in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b).
Institution of higher education has the same meaning as in section
102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)).
Intermediate ingredient or feedstock means an ingredient or
compound made in whole or in significant part from biological products,
including renewable agricultural materials (including plant, animal,
and marine materials), or forestry material that are subsequently used
to make a more complex compound or product.
Renewable biomass is defined for purposes of the CHST matching
payment program to include the following:
(1) Materials, pre-commercial thinnings, or invasive species from
National Forest System land and public lands (as defined in section 103
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702))
that:
(a) Are byproducts of preventive treatments that are removed to
reduce hazardous fuels, to reduce or contain disease or insect
infestation, or to restore ecosystem health;
(b) Would not otherwise be used for higher-value products; and
(c) Are harvested in accordance with applicable law and land
management plans and the requirements for old-growth maintenance,
restoration, and management direction of section 102 (e)(2), (3), and
(4) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512) and
large-tree retention of subsection (f) or
(2) Any organic matter that is available on a renewable or
recurring
[[Page 27769]]
basis from non-Federal land or land belonging to an Indian or Indian
Tribe that is held in trust by the United States or subject to a
restriction against alienation imposed by the United States, including:
Renewable plant material (including feed grains, other agricultural
commodities, other plants and trees, algae), and waste material
(including crop residue, other vegetative waste material (including
wood waste and wood residues), animal waste and byproducts (including
fats, oils, greases, and manure), food waste, and yard waste).
United States and Territories means any of the 50 States of the
United States, the Commonwealth of Puerto Rico, the District of
Columbia, the U.S. Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of Palau,
the Federated States of Micronesia, and the Republic of the Marshall
Islands.
Yard waste means material composed primarily of yard maintenance,
cleanup materials, or debris removal items, originating from
residential, municipal or commercial yards, lawns, landscaped areas, or
related sites.
The CHST Matching Payment Program
Eligibility Requirements
Organic matter meets eligibility requirements to be considered
renewable biomass when collected and harvested from:
(1) The National Forest System;
(a) Except from lands designated as components of the Wilderness
Preservation System or the Wild and Scenic River System, or as a
National Monument, or composed of inventoried roadless areas;
(b) Except for biomass collection, harvesting, and transport
conducted by an Eligible Material Owner who has an existing contract or
grant, issued by the USDA Forest Service for the sale or removal of the
material; and
(c) Subject to all laws and regulations that apply to the Forest
Service, including the Endangered Species Act and environmental
analysis as required by the National Environmental Policy Act (NEPA).
All required environmental analysis must be completed and approved by
the responsible official. All renewable biomass collected or harvested
from Federal lands must be conducted through a contract or permit;
(2) Tribal, State, and other government locally owned land where
biomass collection and harvesting is done within applicable
environmental requirements, and all applicable Tribal, State or local
government ordinances and permits;
(3) Cropland where biomass collection and harvesting is consistent
with conservation plans required for highly erodible land under the
Food Security Act of 1985, as amended;
(4) Non-industrial private forest land where biomass collection and
harvesting is done in accordance with a forest stewardship plan,
described in section 5 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103a), another practice plan approved by the State
Forester, or a Forest Stewardship Plan developed by the State Forester,
in those locations where such plans are available from State foresters
for non-industrial private forest land owners at no expense to CCC; or
(5) Privately owned land, other than cropland, including
pastureland, rangeland, other non-cropland, or non-industrial forest
land where biomass collection and harvesting is done within applicable
environmental requirements, and all applicable Tribal, State or local
ordinances and permits.
CHST matching payments are not authorized for:
(1) Any eligible material delivery made before the publication of
this NOFA;
(2) Any eligible material delivery made before the initial
application for CHST matching payments is received and approved by FSA-
COC; or
(3) Any scheme or device used to circumvent the provisions of this
NOFA and related program requirements.
Applying To Be an Eligible Material Owner
A person who meets the definition of ``eligible material owner''
needs to apply to FSA; through the application, FSA will register the
eligible material owner, make the determination that the person does
meet the definition, and based on information provided in the
application determine the amount of biomass for which the eligible
material owner will be able to apply for CHST matching payments.
Eligible material owners may apply at the county FSA offices where
their farm records are located. If farm records have not been
established, the application must be filed with the county FSA office
that is administratively responsible for the geographic location where
the renewable biomass was harvested. (See http://www.fsa.usda.gov/FSA/
stateOffices?area=stoffice&subject=landing&topic=landing for assistance
in locating a county office).
Eligible material owners who deliver eligible material to multiple
CHST qualified biomass conversion facilities must submit a separate
application for each facility for which eligible material is delivered.
Ineligible or incomplete applications will be denied. If an
application is determined to be ineligible for any reason, the Agency
will inform the applicant, in writing, of the reasons and provide any
applicable appeal rights.
Eligible material owners must submit applications using form AD-
245, page 1, to the applicable FSA county office. The request must be
submitted and approved by the FSA county office before the eligible
material is delivered and any payment received by the facility for the
eligible material.
Applications must include the following estimates based on amounts
obtained from contracts, agreements, and or letters of intent required
by this NOFA:
(1) An estimate of the total tons of eligible material expected to
be sold to a certified biomass conversion facility;
(2) The type or types of eligible material that is expected to be
sold;
(3) The name of the CHST qualified biomass conversion facility that
will purchase the eligible material;
(4) The expected per ton price the owner plans to receive for the
delivery of the eligible material; and
(5) The date or dates the eligible material is expected to be
delivered to the facility.
Applying for CHST Matching Payments
After delivery, eligible material owners must submit AD-245, page
2, to notify the FSA Office at the County USDA Service Center and
request the CHST matching payment. CHST matching payments will be
disbursed only after delivery is verified by the FSA Office at the
County USDA Service Center. All CHST matching payments will be issued
by direct deposit unless other arrangements are made by the FSA Office
at the County USDA Service Center and eligible material owner.
To receive CHST matching payments, eligible material owners must
submit an application at the county FSA office and include:
(1) A copy of the original scale ticket (or tickets), clearly
indicating the total actual tonnage delivered and signed by the manager
or owner or of the CHST qualified biomass conversion facility, as well
as a total dry-weight tonnage equivalent amount determined by the CHST
qualified biomass conversion facility using accurate moisture measuring
equipment;
(2) A copy of each invoice or paper check, reflecting the total
payment received for delivery of the eligible material; each invoice or
check must also be annotated and initialed by the
[[Page 27770]]
manager or owners of the CHST qualified biomass conversion facility
clearly indicating the per-ton payment rate the facility paid the owner
for the eligible material delivery;
(3) If applicable, a copy of each bill of lading issued by any
third party carrier for delivery of the eligible material to the
certified biomass conversion facility;
(4) Any other additional documents or records determined necessary
by the Deputy Administrator to verify eligibility for matching payment.
CHST Matching Payment Provisions
The CHST matching payment program will operate under the following
provisions:
(1) Under the CHST matching payment program, CCC may make a payment
for the delivery of eligible material to CHST qualified biomass
conversion facilities to a person with the right to collect or harvest
eligible material.
(2) CHST matching payments may be available only for a period of
two years and will be paid at a rate of $1 for each $1 per ton received
from the CHST qualified biomass conversion facility for the commercial
sale of eligible material in an amount equal to not more than $45 per
ton. All CHST matching payments are subject to Federal claims, Federal
taxes as established by the IRS, and all other Federal payment
restrictions and laws.
(3) Any payment or portion thereof to any person will be made
without regard to questions of title under State law and without regard
to any claim or lien against the eligible material, or proceeds
thereof, in favor of the owner or any other creditor except agencies of
the U.S. Government. The regulations governing offsets and withholdings
found in 7 CFR part 1403 will be applicable to the payments.
(4) Any participant who may be entitled to any payment under this
program may assign the right to receive such payments, in whole or in
part, as provided in 7 CFR part 1404.
(5) All policies and procedures used to administer the
determinations and payments for the CHST matching payment program are
subject to the provisions of this NOFA.
(6) CHST matching payments are available to an eligible material
owner only for a 2-year duration. Only one owner will receive the CHST
matching payment for any eligible material.
(7) Owners of eligible material will be allowed to request CHST
matching payment for eligible material delivered to and purchased by a
CHST qualified biomass conversion facility. Under the 2-year limit
duration, the time period will begin immediately after form AD-245 is
first approved by the FSA county office for the CHST matching payment
and will end 24 months later. No payments or other direct benefits are
authorized to be paid to the CHST-qualified biomass conversion
facilities under this NOFA, except when the facility owners are also an
owner of eligible material and deliver and sell it to another facility
under an arms-length transaction.
(8) Not more than twenty percent of the funds utilized under this
Notice will be for matching payments to eligible material owners for
the collection, harvest, storage and transportation of crop residue
from commodities eligible to receive payments under Title I of the 2008
Farm Bill.
CHST Qualified Biomass Conversion Facility Requirements
To be considered a CHST qualified biomass conversion facility, the
biomass conversion facility must enter into a Memorandum of
Understanding with CCC and meet all these requirements as determined by
CCC:
(1) The facility must meet the definition of a biomass conversion
facility;
(2) The facility must meet all applicable regulatory and permitting
requirements by applicable Federal, State, or local authorities;
(3) The facility owners and managers must agree in writing to:
(a) Maintain accurate records of all eligible material purchases
and related documents regardless of whether CHST matching payments will
be sought and
(b) Make available at one place and at all reasonable times for
examination by representatives of USDA, all books, papers, records,
contracts, scale tickets, settlement sheets, invoices, written price
quotations, or other documents related to the program that are within
the control of the facility for not less than 3 years from the
application date;
(4) The facility must agree that post-qualification, general
information about the facility and its eligible material will be made
public by USDA and other entities;
(5) The facility must be an entirely separate legal entity from
owners of eligible material who conduct purchases of eligible material
from the owners for biomass acquisition using arms-length transactions;
(6) The facility must agree to clearly indicate on the scale ticket
the actual tonnage delivered, have the manager or owner of the facility
sign the scale ticket, and provide it to the eligible biomass owner.
The facility must also agree to provide a total dry-weight tonnage
equivalent to the eligible biomass owner;
(7) The facility must have access to commercial freight scales that
are certified for accuracy by applicable State or local authorities and
accurate moisture measurement equipment to determine the dry ton weight
equivalent of actual tonnage delivered; and
(8) When a biomass conversion facility meets these terms and enters
into an MOU with CCC, FSA county offices will periodically inform the
public including agricultural and forest land owners and operators that
matching payments may be available for deliveries of eligible material
to CHST qualified biomass conversion facilities. FSA county offices
will also maintain a publicly available listing of CHST qualified
biomass conversion facilities for general public access and
distribution that may include general information about the facility
and its eligible material needs to encourage the development of new and
open markets for commercial eligible material sales transactions. This
information will also be maintained on FSA's Internet site: http://
www.fsa.usda.gov/FSA/webapp?area=fsahome&subject=landing&topic=landing.
Appeals
The administrative appeal regulations in 7 CFR parts 11 and 780
apply to this program.
Administrative Procedure Act Statement
This NOFA is being issued without advance rulemaking or public
comment. The Administrative Procedure Act (``APA'', 5 U.S.C. 553), has
several exemptions to rulemaking requirements. Among them is an
exemption for matters relating to Federal benefits, but under the
provisions of the ``Statement of Policy of the Secretary of Agriculture
effective July 24, 1971,'' issued by Secretary Hardin in 1971 (36 FR
13804, the ``Hardin Memorandum''), the Department will normally engage
in rulemaking related to Federal benefits despite that exemption.
However, the Hardin Memorandum does not waive certain other APA-
contained exemptions, in particular the ``good cause'' exemption found
at 5 U.S.C. 553(b)(3)(B), which allows effective government action
without rulemaking procedures where withholding the action would be
``impracticable, unnecessary, or contrary to the public interest.'' The
Hardin memorandum specifically provides for the use of the ``good
cause'' exemption, albeit sparingly, when a substantial basis for so
doing exists, and where, as will be
[[Page 27771]]
described more fully below, that substantial basis is explained.
Such would be the case here, in that this NOFA provides guidance
for the CHST matching payments program as part of a process that will
include rulemaking later this year. Additionally, this NOFA simply
makes funds available in accord with a statutory mandate. USDA has
determined that making these funds available as soon as possible is in
the public interest. Withholding this NOFA to provide for public notice
and comment would unduly delay the provision of benefits associated
with this program. Should the actual practice of the program produce
reasons for program modifications, those modifications can be brought
to the attention of the Department and changes made in the future
rulemaking process. The CHST matching payment program provisions will
be included, with potential modifications, in rulemaking later this
year. Delay caused by normal rulemaking procedures under the APA would
frustrate the accomplishment of the purposes of the statutory
provisions and would not produce benefits for this fiscal year.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995, through
this notice, FSA is requesting comments from all interested individuals
and organizations on a new information collection for CHST; this notice
opens a 60-day comment period for the information collection
requirements in this NOFA. While this notice requests comments on the
information collection activities required for CHST, in order to meet
the time frames mandated by the Presidential Memorandum discussed
above, FSA submitted the following information collection request to
the Office of Management and Budget (OMB) under the emergency procedure
in accordance with the Paperwork Reduction Act of 1995. As discussed
above in the APA section, there is good cause to forgo any delay
associated with the opportunity for advance public comment. After OMB
approval, the approved burden hours will be incorporated into the
existing approval under OMB control number 0560-0082, which includes
much of the same information for other conservation programs. CHST will
provide financial assistance for CHST of eligible material for use in a
biomass conversion facility in accordance with the 2008 Farm Bill.
Copies of all forms, regulations, and instructions referenced in
this NOFA may be obtained from FSA. Data furnished by the applicants
will be used to determine eligibility for program benefits. Furnishing
the data is voluntary; however, the failure to provide data could
result in program benefits being withheld or denied.
Title: BCAP CHST.
OMB Control Number: 0560-NEW.
Type of Request: New.
Abstract: This information collection is needed to comply with
section 9011 (b)(2) of Title IX of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8101-8113), which was added by the
2008 Farm Bill.
FSA employees will enter the application information from completed
paper forms into the electronic AD-245 Application for Cost-Share form,
which is currently approved under OMB control number 0560-0082 for
other conservation programs. The AD-245 form will collect information
about the owners of eligible material and estimated and actual biomass
material sold and delivered to a qualified biomass conversion facility
in order to approve applications for CHST matching payments and to
calculate matching payments after sale and delivery. CHST will also use
the existing AD-1047 Certification Regarding Debarment, Suspension, and
Other Responsibility Matters--Primary Covered Transactions form. The
AD-1047 form will help ensure that only those owners and managers of
qualified biomass conversion facilities and those owners of eligible
material who have not been disbarred, suspended, or otherwise made
ineligible for Federal transactions are not qualified or determined
eligible for BCAP. The AD-1047 will require the owners to certify that
they are in compliance and not subject to disbarment or suspension. The
information collection activities for CHST will include the following:
(1) Applicants will request to be qualified as a CHST-qualified
biomass conversion facility and
(2) Applicants will register as an eligible material owner and
then, after delivery of eligible material, request CHST matching
payments for the collection, harvest, storage, and transportation of
eligible material for use in a biomass conversion facility.
Specific descriptions of the information requirements are discussed
in this NOFA above under the application sections. Applicants will
submit estimated to register as eligible material owners and actual
delivery information to request CHST matching payments. If the Deputy
Administrator determines that additional information is necessary from
an eligible material owner, it will be related information required to
determine eligibility, ensure the ability to make proper payments, or
to otherwise legally provide benefits to an eligible material owner.
Estimate of Burden: Public reporting burden for the collection of
information is estimated to average half an hour per response for
applicants requesting (1) qualification as a CHST-qualified biomass
conversion facility and (2) CHST matching payments for collection,
harvest, storage, and transportation of eligible material for use in a
biomass conversion facility. The estimate is based on estimated
completion of applicable sections of a memorandum of understanding,
preparation of an AD-1047, and attaching required copies of permits and
related certifications. The average travel time, which is included in
the total burden, is estimated to be 1 hour per respondent.
Respondents: Individuals, Indian Tribes, units of State or local
government, partnerships, corporations, farm cooperatives, farmer
cooperative organizations, associations of agricultural producers,
national laboratories, institutions of higher education, rural electric
cooperatives, public power entities, consortia of any of these
entities, and any other legal entities.
Estimated Number of Respondents: 5,600.
Estimated Number of Responses per Respondent: 4.
Estimated Total Annual Burden on Respondents: 42,000.
We are requesting comments on all aspects of the information
collection to help us to:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden,
including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
Other Provisions
The CHST matching payments will be subject to environmental
compliance including NEPA compliance for all eligible material removed
from Federal lands pursuant to existing Forest Service procedures,
Forest Stewardship
[[Page 27772]]
Plans for eligible material collected and harvested from private forest
land, and Conservation plans and conservation compliance for eligible
material collected or harvested from cropland.
Additionally, those lessons learned through operation of the CHST
matching payment program will be combined with all comments, analysis,
and other information and will be applied in rulemaking later this
year.
Scheme or device: If it is determined by CCC that a person has
employed a scheme or device to defeat the purposes of this program, any
part of any program payment otherwise due or paid such person during
the applicable period may be required to be refunded with interest as
determined appropriate by CCC. Any eligibility determination of a
biomass conversion facility that was based, in whole or part, on a
scheme or device will be rescinded. A scheme or device includes, but is
not limited to, coercion, fraud, misrepresentation, depriving any other
person of a payment, or obtaining a payment that otherwise would not be
payable.
Filing of false documents: If it is determined by CCC that any
participant has knowingly supplied false information or has knowingly
filed a false claim for payment or facility certification, such
participant will be ineligible for payments or certification with
respect to BCAP and a refund of all prior payments issued under BCAP,
including CHST, may be demanded. False information or false claims
include, but are not limited to: Claims for payment for eligible
material delivery that are filed with incorrect factual information or
do not match actual eligible material deliveries and claims for
certification intentionally filed with incorrect information or with
false or otherwise inaccurate information. Any amounts paid under these
circumstances must be refunded, together with interest as determined by
CCC, and any amounts otherwise due such participant will be withheld.
The remedies provided for in this NOFA are in addition to any and all
other remedies, criminal or civil that may apply.
Federal Assistance Programs
The title and number of the Federal assistance program in the
Catalog of Federal Domestic Assistance to which this NOFA applies is
10.087--Biomass Crop Assistance Program.
Signed in Washington, DC, on June 8, 2009.
Douglas J. Caruso,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. E9-13724 Filed 6-8-09; 4:15 pm]
BILLING CODE 3410-05-P