Agricultural
Credit Act of 1987, Title V, Public Law 100-233; Food, Agriculture,
Conservation, and Trade Act of 1990, Public Law 101-624; Agricultural
Credit Improvement Act of 1992; Federal Crop Insurance Reform Act
of 1994, Department of Agriculture Reorganization Act of 1994, Public
Law 103-354; the United States Grain Standards Act of 2000, Public
Law 106-472.
To
assist States in establishing and administering mediation programs
and services for agricultural producers, creditors of producers
(as applicable), and persons directly affected by actions of the
Department of Agriculture.
TYPES
OF ASSISTANCE:
Project Grants. Place Cursor Here for Definition
USES
AND USE RESTRICTIONS:
Grants
are to be used for the operation and administration of a State's
mediation program which has been certified by the Administrator
of the Farm Service Agency (FSA) as meeting the requirements of
Section 501 (c) of Title V of the Agricultural Credit Act of 1987
(U.S.C. 510), as amended. A grant will not exceed 70 percent of
the total fiscal year funds that a qualifying State requires to
operate and administer its mediation program, or $500,000, whichever
is less. Eligible costs are limited to those that are reasonable
and necessary to carry out the mission of the State's mediation
program and may include activities related to the intake and scheduling
of cases, the provision of background and selected information regarding
the mediation process, financial advisory and counseling services,
and the mediation session.
ELIGIBILITY
REQUIREMENTS:
Applicant
Eligibility: State governments.
Beneficiary
Eligibility: Agricultural producers, creditors
of producers (as applicable) and persons directly affected by
actions of the Department of Agriculture.
Credentials/Documentation:
Have a mediation program which has been certified by the Administrator
of FSA, and for which certification has not been withdrawn; provide
evidence to justify the estimated costs of operating and administering
the State's mediation program. The Governor of a State or head
of an entity designated by the Governor of a State must make a
written request to FSA on or before August 1 of each year to receive
a matching grant during the fiscal year commencing on October
1, of that same year. Request for certification are accepted after
August 1 of each year; however, the State will be considered in
order of date received for reserved grant funds. Costs will be
determined in accordance with OMB Circular No. A-87 for State
and local governments. To be certified as a qualifying State,
the mediation program of the State must mediate issues involving
agricultural loans (regardless of whether the loans are made or
guaranteed by the Secretary of Agriculture or made by third party);
and may provide mediation services for disputes involving wetlands
determinations, compliance with farm programs including conservation
programs, rural water loan programs, grazing on National forest
system lands, pesticides, and such other issues, under the jurisdiction
of the Secretary meeting the requirements of Section 501 of Title
V of the Agricultural Credit Act of 1987 (7 U.S.C. 510), as amended.
Pre-application
Coordination: This program is excluded from
coverage under E.O. 12372.
Application
Procedure: The standard application forms
as furnished by the Federal agency and required by 7 CFR part
3016, must be used for this program. This program is excluded
from coverage under OMB Circular No. A-110.
Award
Procedure: Grant funds will be distributed
on a first come, first served basis to qualifying States. If,
however, when funds for a fiscal year become available, there
are not sufficient funds to give all qualifying States 70 percent
of their justified estimated expenses for the fiscal year, the
percentage allocation will be reduced so as to give all States
the same percentage of their expenses. FSA views the use of grant
funds to provide financial advisory or other services in an advocacy
context to be inconsistent with the premise of a mediation program,
which is to provide a neutral forum for resolution of disputes.
Deadlines:
Contact FSA National Office for application deadlines.
Range
of Approval/Disapproval Time: Thirty days
from receipt of a complete application package.
Appeals:
If a certified State mediation program is available as part of
the informal appeal hearing process, the participant will be offered
the right to choose such mediation.
Renewals:
Annually through fiscal year 2005. Section 506 of Title V of the
Agricultural Credit Act of 1987, Public Law 100-233 and Section
1853 of the Food, Agricultural, Conservation and Trade Act of
1990, Public Law 101-624, Section 22 of the Agricultural Credit
Improvement Act of 1992, Public Law 102-554, Section 282 of the
Federal Crop Insurance Reform and Department of Agriculture Reorganization
Act of 1994, Public Law 103-354, and the United States Grain Standards
Act of 2000, Public Law 106-472.
ASSISTANCE
CONSIDERATIONS:
Formula
and Matching Requirements: Seventy percent of
fiscal year cost of operating and administering a State's agricultural
mediation program, not to exceed $500,000 annually.
Length
and Time Phasing of Assistance: From beginning
to end of the Federal government's fiscal year. Grant will be
an annual grant and will run concurrently with the Federal government's
fiscal year; reimbursement by Treasury check.
POST
ASSISTANCE REQUIREMENTS:
Reports:
Reports are submitted quarterly: Standard Form 269, "Financial Status
Report"; Standard Form 270, "Request for Advance or Reimbursement;
Standard Form 272, "Federal Cash Transactions Report"; and Program
Performance Report. Qualifying States receiving grants must provide
an annual performance report to the FSA Administrator by September
30 of the fiscal year including the names and addresses of all mediation
participants, the disputes being mediated, and the final results
of mediation.
Audits:
In accordance with the provisions of 7 CFR Part 3052, which implement
OMB Circular No. A-133 (Revised, June 24, 1997), "Audits of States,
Local Governments, and Non-Profit Organizations," non-Federal
entities that expend financial assistance of $300,000 or more
in Federal awards will have a single or a program-specific audit
conducted for that year. Non-Federal entities that expend less
than $300,000 a year in Federal awards are exempt from Federal
audit requirements for that year, except as noted in 7 CFR 3052.
Records:
Record keeping will conform to requirements of 7 CFR part 3016.
FINANCIAL
INFORMATION:
Account
Identification: 12-0170-0-1-351.
Obligations:
(Grants) FY 01 $3,000,000; FY 02 est $3,000,000; and FY 03 est
$3,000,000.
Range
and Average of Financial Assistance: $5,000 to $391,880.
For fiscal year 2001, 23 States received USDA certification. It
is expected that 26 States will request USDA certification for fiscal
year 2002. This program has received significant recognition, including
a National Association for Rural Mental Health article citing the
program's mental health benefits. The Center for Theology and Land
lists the program in its Rapid Response Brochure, a resource for
farmers. The National Association of State Departments of Agriculture
(NASDA) passed a resolution supporting the expansion of agricultural
mediation. NASDA further urged the expansion of mediation to include
other Federal agencies that play a role in land and resource management.
The number of participating USDA agencies increased from three to
four. In addition to FSA, participating agencies are Forest Service,
Natural Resources Conservation Service, and Rural Development.
REGULATIONS,
GUIDELINES, AND LITERATURE:
7 CFR Part 1946 published on August 26, 1988, 53 FR 32597.
INFORMATION
CONTACTS:
Regional
or Local Office: None.
Headquarters
Office: Department of Agriculture, Farm Service
Agency, STOP 0539, Washington, DC 20250. http://www.fsa.usda.gov/pas/publications/facts/html/mediate01.htm.
Telephone: (202) 720-1471. Fax: (202) 690-0644. E-mail: Cbailey@wdc.fsa.usda.gov.
Contact Person: Chester A. Bailey.
Web
Site Address: http//www.fsa.usda.gov
EXAMPLES
OF FUNDED PROJECTS:
Twenty-three States having mediation programs certified by USDA
have received matching grants totaling $3 million in fiscal year
2000. A $183,370 grant was received by Alabama; a $92,190 grant
was received by Arizona; a $80,200 grant was received by Arkansas;
a $5,000 grant was received by Florida; a $9,570 grant was received
by Idaho; a $126,090 grant was received by Illinois; a $5,000 grant
was received by Indiana; a $238,740 grant was received by Iowa;
a $391,880 grant was received by Kansas; a $79,480 grant was received
by Maryland; a $59,900 grant was received by Michigan; a $264,330
grant was received by Minnesota; a $135,120 grant was received by
Nebraska; a $5,000 grant was received by Nevada; a $68,500 grant
was received by New Mexico; a $355,600 grant was received by North
Dakota; a $190,990 grant was received by Oklahoma; a $117,810 grant
was received by South Dakota; a $278,530 grant was received by Texas;
a $21,430 grant was received by Utah; a $42,220 grant was received
by Washington; a $208,360 grant was received by Wisconsin; and a
$40,690 grant was received by Wyoming.
CRITERIA
FOR SELECTING PROPOSALS:
Certification by the Administrator, FSA, that mediation program
meets the requirements of Section 501 (c) of Title V of the Agricultural
Credit Act (Public Law 100-233) as amended; application meets requirements
of FSA regulations to be implemented.
