FARM BILL RULES EXPECTED "SOON"
September 20, 2002

FARM BILL RULES EXPECTED "SOON" Representatives of the Oregon Wheat Growers League journeyed to Washington this week, to visit several offices on Capitol Hill and in the Administration. Their visits follow up on similar stops made by the Washington Association of Wheat Growers last week.

Several issues were covered in a meeting with FSA Deputy Administrator for Farm Programs John Johnson, Deputy Administrator for Commodity Operations Bert Farrish, and other senior managers within the Farm Service Agency. FSA is working on a fix for the power of attorney situation, which will provide some relief in limited situations to the requirement for new powers of attorney for the farm bill. The new procedure, when announced, will apply only in the case of a person who signed the previous power of attorney and has become incapacitated. Notice to states and counting offices is expected to be delivered within the next two weeks.

Loan rates for 2003 are expected to be announced “soon”, but no firm date has been established. USDA expects to make payments under the program beginning in October, and the rules must be published and much paperwork completed prior to those payments being issued. FSA confirmed that there is a significant discount schedule for durum which does not meet quality specifications and is intended to go under loan, with discounts tied to falling numbers and vitreous kernels. However, those discounts do not apply if a producer elects to take the LDP instead of forfeiting grain under loan. Producers who elect the LDP route will still be faced by quality discounts for off-grade durum in the market.

For the purpose of yield updating, FSA confirmed that any yield proven for crop insurance purposes will be acceptable for proving yields for the commodity program. This does not include yields that were simply certified by the grower, but only yields that were actually proven for crop insurance purposes.

The issue of constructive receipt for payments was also raised. NAWG and is working with Congressional staff to determine if this issue was resolved in the Farm Bill, or was overlooked. Without a favorable outcome, producers could be obligated for taxes on payments they had not yet received.

The Hard White Wheat Incentive Program rules, contrary to earlier indications, are not as far along in the process as the regulations for the major farm program provisions. While the agency confirmed that the provisions are largely what was proposed by the industry consulting group, the fact that this program is targeted at a fairly small potential audience of one crop and a few states has caused it to receive lower priority than to the bigger and broader regulations in the package. At this point, producers will be making planting decisions without knowing for sure what the USDA program will look like, but everyone expects that it will look very similar to the industry proposal forwarded to USDA by NAWG. This would include an incentive payment of 20 cents per bushel, an effective yield cap of 60 bushels per acre, and an advance incentive for use of certified seed.

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