FSA Issues Important Program Reminders

By Mike Philipp, CED, Red Lake and East Polk County FSA Offices

Maps Available: As producers are quickly putting their crops in the ground this season, we want to remind them that their acreage certification maps are available if they need them in advance to keep track of things. Farmers should contact the office to get on the list, and FSA will then get them ready. The preferred method now is for us to email them out, but if you don’t have access to a colored printer we can also have them available for pick-up at the office. The early spring has caught us off-guard and we’re not quite ready, but if you get on the list we should be able to get them ready within a week or two. Also, those farmers with only CRP may start certifying in May to beat the crowd. 

Drainage and Ditching Reminders: As another crop season begins, farmers and landowners are reminded that most new or improved agricultural drainage activity or tree clearing needs to be evaluated and approved, either by the Natural Resources Conservation Service (NRCS) for producers involved in federal farm programs or by the local Soil and Water Conservation District (SWCD) when not involved in federal farm programs. Farm program participants and landowners should contact the USDA Farm Service Agency (FSA) prior to conducting land clearing or drainage projects to complete form AD-1026 and to insure compliance. Failure to obtain advance approval for any of these situations can result in the loss of eligibility and all federal payments.   

Foreign Persons must Report U.S. Agricultural Land Holdings: The Farm Service Agency reminds foreign persons with an interest in agricultural lands in the United States that they are required to report their holdings and any transactions to the U.S. Secretary of Agriculture. According to the law, any foreign person who acquires, transfers or holds any interest, other than a security interest, including leaseholds of 10 years or more, in agricultural land in the United States is required by law to report the transaction no later than 90 days after the date of the transaction.   

Foreign investors must file Agricultural Foreign Investment Disclosure Act (AFIDA) reports with the FSA county office that maintains reports for the county where the land is located. Failure to file a report, filing a late report or filing an inaccurate report can result in a penalty with fines up to 25 percent of the fair market value of the agricultural land.  

For AFIDA purposes, agricultural land is defined as any land used for farming, ranching or timber production, if the tracts total 10 acres or more.

Disclosure reports are also required when there are changes in land use. For example, reports are required when land use changes from nonagricultural to agricultural or from agricultural to nonagricultural. 

Foreign investors must also file a report when there is a change in the status of ownership such as the owner changes from foreign to non-foreign, from non-foreign to foreign or from foreign to foreign. Data gained from these disclosures is used to prepare an annual report to the President and Congress concerning the effect of such holdings upon family farms and rural communities in the United States.

For more information regarding AFIDA and other FSA programs, contact your county FSA office.