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Emergency Relief FAQs

The ERP Frequently Asked Questions (FAQs) are routinely updated with new program information.

Frequently Asked Questions for Emergency Relief Program 2022, Applies to Tracks 1 & 2 (10-27-23)

Frequently Asked Questions for Emergency Relief Program 2022, Applies to Track 1 ONLY (10-27-23) 

Frequently Asked Questions for Emergency Relief Program 2022, Applies to Track 2 ONLY (10-27-23) 

Frequently Asked Questions for Emergency Relief Program (ERP) Phase 2 (1-23-22)

Frequently Asked Questions for Emergency Livestock Relief Program (ELRP)

Frequently Asked Questions for Emergency Relief Program (ERP) Phase 1

Additional Frequently Asked Questions for Emergency Relief Program (ERP) Phase 1 (6-6-22)

Additional Frequently Asked Questions for Emergency Relief Program (ERP) Phase 1 (6-17-22)

Additional Frequently Asked Questions for Emergency Relief Program (ERP) Phase 1 (7-20-22)

Additional Frequently Asked Questions for Emergency Relief Program (ERP) Phase 1 (9-19-22)

Additional Frequently Asked Questions for Emergency Relief Program (ERP) Phase 1 (10-28-22)


ELRP FAQs

Q. If my county did not meet the drought criteria (D2 for eight consecutive weeks, or D3 or D4 any time) during the normal grazing season and didn't trigger for LFP, but did hit D2 for 8 consecutive weeks after the 2021 grazing period ended, am i eligible for ELRP Phase 1?

A. No, you are not eligible for ELRP Phase 1. Only 2021 LFP participants are eligible, however, counties who fall under this drought criteria are identified may be considered eligible under future additional emergency assistance under ELRP. 


Q. Do I need to contact my local FSA County Office to sign up for ELRP Phase 1? 

A. No, if you completed a 2021 LFP application your 2021 LFP gross calculated payment amount will be used to calculate your ELRP Phase 1 payment. Direct contact to your county office is not required to receive a payment.


Q. I completed a 2021 LFP application, however i was ineligible for payment due to AGI non-compliance, am i eligible for ELRP Phase 1?

A. Yes, ELRP is not subject to AGI provisions. Your 2021 LFP gross payment calculated amount will be used to calculate your ELRP Phase 1 payment. 


Q. I completed a 2021 LFP application however the COC reduced some of the acreage on my application because I did not have a lease for those acres. Will I be eligible for ELRP Phase 1

A. Yes, if you received a 2021 LFP payment then you will receive a ELRP Phase 1 payment based on your gross LFP payment calculation.


Q. I completed a 2021 LFP application however the COC disapproved the application. Will I be eligible for ELRP Phase 1?

A. If your 2021 LFP application was disapproved, then you will not receive an ELRP payment under Phase 1. 


Q. We completed a 2021 LFP application and were paid, however one of the members of our operation did not met AGI provisions and the payment was reduced by their share of the operation. Will we receive the whole ELRP Phase 1 payment or only part of the ELRP Phase 1 payment like we did for LFP?

A. ELRP is not subject to AGI provisions. Your 2021 LFP gross calculated payment amount will be used to calculate your ELRP Phase 1 payment.


Q. My county was eligible for LFP but I was not aware of the LFP program so I did not sign up. Can I still apply for ELRP?

A. There is no application period for ELRP Phase 1. ELRP is being administered in a phased approach, so If you did not complete a 2021 LFP application, you will need to contact your local FSA office to ensure you are aware of all FSA programs and subsequent announcements of ELRP. 


Q. I completed a 2021 LFP application in the summer of 2021 and was paid. I later sold all my livestock. Will I still receive a ELRP Phase 1 payment?

A. Yes, if you received a 2021 LFP payment then you will receive an ELRP Phase 1 payment.


ERP FAQs

Q. Why are there 2 phases for ERP?

A. The two-phased process allows FSA to continue to evaluate and identify the impacts of 2020 and 2021 natural disasters on diversified, row crop and specialty crop operations and expedite distribution of much-needed emergency relief program benefits. Phase 1 was implemented to expedite assistance to producers with crop insurance and NAP coverage by using existing Risk Management Agency (RMA) and FSA claim data. Phase 2 will compensate eligible producers not paid under Phase 1 for their eligible losses, including those that may have had crop insurance or NAP, but the loss was not large enough to trigger an indemnity and address any other gaps or areas impacted by the 2020 and 2021 natural disasters


Q. What is ERP Phase 1?

A. ERP Phase 1 will use a streamlined process with pre-filled application forms and provide payments for crop production losses and tree, bush, and vine losses in certain situations where the claim data is already on file with FSA or the RMA, as a result of the producer previously receiving a Noninsured Crop Disaster Assistance Program (NAP) payment or a crop insurance indemnity under certain crop insurance policies.


Q. What is ERP Phase 2?

A. ERP Phase 2 will be for all eligible producers that experienced an eligible loss that did not receive a payment under Phase 1. This includes shallow losses, uninsured crops, and quality losses not accounted for in Phase 1.


Q. Am I eligible for Phase 1 and Phase 2 payments?

A. Producers who apply for payment under ERP Phase 1 may also apply under ERP Phase 2; however, payments under ERP Phase 2 will take into account any amounts received for the crop and unit under ERP Phase 1. ERP Phase 2 provisions will be specified in a future announcement.


Q. If I received a letter for Phase 1, am I automatically eligible for a disaster payment?

A. No, before an ERP payment can be made producers are responsible for confirming and certifying that the indemnities shown on the letter are a result of a qualifying disaster event. Qualifying disaster events include wildfires, hurricanes (including related excessive wind, storm surges, tornado, tropical storms, and tropical depression), floods (including related silt and debris), derechos (including related excessive wind), excessive heat, winter storms (including related blizzard and excessive wind), freeze (including a polar vortex), smoke exposure, excessive moisture, and qualifying drought occurring in calendar years 2020 and 2021. Related conditions must have occurred as a direct result of the indicated disaster event. “Qualifying drought” includes only those counties in which the drought intensity was rated by the U.S. Drought Monitor as having a D2 (severe drought) for eight consecutive weeks or a D3 (extreme drought) or higher level at any point during the applicable calendar year.


Q. When will pre-filled ERP Phase 1 applications be mailed?

A. Pre-filled applications for ERP Phase 1 will be mailed in late May 2022. We will share the exact date online here on the Emergency Relief webpage once the date is confirmed.


Q. Do I have to submit my ERP application to an FSA County Office?

A. Producers wanting to receive payment under Phase 1 need to submit the application to an FSA county office. Applications can be accepted by fax, email, or submitted in person, to an FSA County Office.


Q. Who must sign the ERP application?

A. All producers certifying to a share on the ERP application must sign the application to receive a payment.


Q. What if I am the primary crop insurance policy holder with other Substantial Beneficial Interest (SBI) listed on my application and have designated SBI shares, but am not able to collect all SBI signatures on my ERP application?

A. The ERP application will be considered incomplete.


Q. If I don’t agree with the pre-filled information on my application what should I do?

A. Contact your crop insurance agent for questions regarding crop insurance information. Contact your FSA office for questions regarding NAP information.


Q. What eligibility forms must be submitted to the FSA County Office prior to receiving an ERP payment?

A. Eligibility forms include the AD-2047 Customer Data Worksheet (if applicable), the CCC-902 Farm Operating Plan for Payment Eligibility, the CCC-901 Member Information for Legal Entities (if applicable), and the AD-1026 Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification.

Many producers, especially if they have participated in FSA programs recently, will already have these forms on file with FSA. Producers who are unsure of whether a form is on file may contact their local FSA service center.

Also, certain producers will also need to submit the following forms to qualify for an increased payment rate or payment limitation, Form CCC-860, Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification, applicable for the program year or years for which the producer is applying for ERP; or Form FSA-510, Request for an Exception to the $125,000 Payment Limitation for Certain Programs, accompanied by a certification from a certified public accountant or attorney as to that person or legal entity’s certification, for a legal entity and all members of that entity, for each applicable program year.

FSA will continue to accept forms CCC-860 and FSA-510 from producers for the purpose of establishing eligibility for an increased payment rate or payment limitation until the deadline.


Q. How do I know if the indemnity received was due in whole or in part by a qualifying disaster event?

A. For crop insurance, contact your crop insurance agent to verify the disaster event that affected your crop. For NAP crops, contact your FSA office to verify the disaster event that affected your crop. Also, for drought related events, the drought index link can be used to help consider eligibility.

2020 drought counties eligible for ERP
2021 drought counties eligible for ERP


Q. I had crop insurance and had a loss on a crop that has not been paid yet, am I still eligible for Phase 1?

A. The data used to populate the initial Phase 1 letter included claim data on file with RMA as of May 2, 2022. In late summer 2022, updated claim information will be used to generate a second letter for those crop/units not included in the initial letter.


Q. I had crop insurance in 2021 and was indemnified for a qualifying disaster event but did not receive a letter or the letter did not include all of my affected crop/units. Am I still eligible for Phase 1?

A. The data used to populate the initial Phase 1 letter included claim data on file with RMA as of May 2, 2022. At that time, claim data for the Supplemental Coverage Option (SCO), Enhanced Coverage Option (ECO), Stacked Income Protection Plan (STAX), Margin Protection Plan, (MP) or Area Risk Protection Insurance (ARPI) was not complete and crop/units including these coverages were not included in the initial Phase 1 letter. If you did not have coverage under SCO, ECO, STAX, MP, or ARPI, contact your crop insurance agent to ensure your claim information was submitted to RMA by your approved insurance provider. In late summer 2022, updated claim information will be used to generate a second letter for those crop/units not included in the initial letter.


Q. Why did my neighbor receive an ERP application and I did not?

A. Only producers who received an indemnity as determined by RMA under certain crop insurance policies or a a payment for NAP received an application for Phase 1.


Q. When will I receive my payment after I have submitted my complete ERP application?

A. The ERP payment will be processed after all eligibility forms have been received and the FSA representative has signed and certified the payment.


Q. I am a NAP producer and didn’t receive an ERP application. When will I receive my ERP application?

A. Pre-filled application forms for NAP producers will be mailed late summer 2022.


Q. What if I lost my ERP application?

A. The FSA Office can print an application to be completed.


Q. How do I receive a higher payment limitation?

A. Complete an Form FSA-510, Request for an Exception to the $125,000 Payment Limitation for Certain Programs , to request an exception to the ERP payment limitation.


Q. What is the ERP enrollment deadline?

A. FSA will continue accepting applications until the deadline is announced at a future date.


Q. Am I required to purchase crop insurance or NAP in the future if I receive an ERP payment?

A. Yes, any applicant that receives an ERP payment must agree to purchase crop insurance or NAP, as applicable, for the next 2 available crop years, as determined by the Secretary. Availability will be determined from the date a producer receives an ERP payment and may vary depending on the timing and availability of crop insurance or NAP for a producer’s particular crops. The final crop year to purchase crop insurance or NAP coverage to meet the second year of coverage for this requirement is the 2026 crop year. For crop insurance you must agree to purchase at the 60/100 coverage level or higher, and for NAP agree to purchase coverage at the catastrophic level or higher.


Q. I no longer farm; do I still need to agree to purchase crop insurance or obtain NAP coverage on the ERP application?

A. Yes, all participants must agree to purchase coverage in order to receive an ERP payment. However, producers who were paid under ERP Phase 1 for a crop in a county, but do not plant that crop in that county in a year for which this requirement applies, are not subject to the crop insurance or NAP purchase requirement for that year.


Q. If I received an ELAP payment for aquaculture, will I receive an ERP Phase 1 payment?

A. ERP Phase 1 will not include losses to aquacultural species that were compensated under the Emergency Assistance for Livestock, Honeybees, and Farm-raised Fish Program (generally referred to as ELAP).


Additional ERP FAQ’s (6-6-2022)

Q. Why are there 2 phases for ERP?

A. The two-phased process allows FSA to continue to evaluate and identify the impacts of 2020 and 2021 natural disasters on diversified, row crop and specialty crop operations and expedite distribution of much-needed emergency relief program benefits. Phase 1 was implemented to expedite assistance to producers with crop insurance and NAP coverage by using existing Risk Management Agency (RMA) and FSA claim data. Phase 2 will compensate eligible producers not paid under Phase 1 for their eligible losses, including those that may have had crop insurance or NAP, but the loss was not large enough to trigger an indemnity and address any other gaps or areas impacted by the 2020 and 2021 natural disasters


Q. What is ERP Phase 1?

A. ERP Phase 1 will use a streamlined process with pre-filled application forms and provide payments for crop production losses and tree, bush, and vine losses in certain situations where the claim data is already on file with FSA or the RMA, as a result of the producer previously receiving a Noninsured Crop Disaster Assistance Program (NAP) payment or a crop insurance indemnity under certain crop insurance policies.


Q. What is ERP Phase 2?

A. ERP Phase 2 will be for all eligible producers that experienced an eligible loss that did not receive a payment under Phase 1. This includes shallow losses, uninsured crops, and quality losses not accounted for in Phase 1.


Q. Am I eligible for Phase 1 and Phase 2 payments?

A. Producers who apply for payment under ERP Phase 1 may also apply under ERP Phase 2; however, payments under ERP Phase 2 will take into account any amounts received for the crop and unit under ERP Phase 1. ERP Phase 2 provisions will be specified in a future announcement.


Q. If I received a letter for Phase 1, am I automatically eligible for a disaster payment?

A. No, before an ERP payment can be made producers are responsible for confirming and certifying that the indemnities shown on the letter are a result of a qualifying disaster event. Qualifying disaster events include wildfires, hurricanes (including related excessive wind, storm surges, tornado, tropical storms, and tropical depression), floods (including related silt and debris), derechos (including related excessive wind), excessive heat, winter storms (including related blizzard and excessive wind), freeze (including a polar vortex), smoke exposure, excessive moisture, and qualifying drought occurring in calendar years 2020 and 2021. Related conditions must have occurred as a direct result of the indicated disaster event. “Qualifying drought” includes only those counties in which the drought intensity was rated by the U.S. Drought Monitor as having a D2 (severe drought) for eight consecutive weeks or a D3 (extreme drought) or higher level at any point during the applicable calendar year.


Q. When will pre-filled ERP Phase 1 applications be mailed?

A. Pre-filled applications for ERP Phase 1 will be mailed in late May 2022. We will share the exact date online here on the Emergency Relief webpage once the date is confirmed.


Q. Do I have to submit my ERP application to an FSA County Office?

A. Producers wanting to receive payment under Phase 1 need to submit the application to an FSA county office. Applications can be accepted by fax, email, or submitted in person, to an FSA County Office.


Q. Who must sign the ERP application?

A. All producers certifying to a share on the ERP application must sign the application to receive a payment.


Q. What if I am the primary crop insurance policy holder with other Substantial Beneficial Interests (SBI) listed on my application and I have designated SBI shares, but am not able to collect all SBI signatures on my ERP application?

A. The ERP application will be considered incomplete.


Q. If I don’t agree with the pre-filled information on my application what should I do?

A. Contact your crop insurance agent for questions regarding crop insurance information. Contact your FSA office for questions regarding NAP information.


Q. What eligibility forms must be submitted to the FSA County Office prior to receiving an ERP payment?

A. Eligibility forms include the AD-2047 Customer Data Worksheet (if applicable), the CCC-902 Farm Operating Plan for Payment Eligibility, the CCC-901 Member Information for Legal Entities (if applicable), and the AD-1026 Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification.

Many producers, especially if they have participated in FSA programs recently, will already have these forms on file with FSA. Producers who are unsure of whether a form is on file may contact their local FSA service center.

Also, certain producers will also need to submit the following forms to qualify for an increased payment rate or payment limitation, Form CCC-860, Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification, applicable for the program year or years for which the producer is applying for ERP; or Form FSA-510, Request for an Exception to the $125,000 Payment Limitation for Certain Programs, accompanied by a certification from a certified public accountant or attorney as to that person or legal entity’s certification, for a legal entity and all members of that entity, for each applicable program year.

FSA will continue to accept forms CCC-860 and FSA-510 from producers for the purpose of establishing eligibility for an increased payment rate or payment limitation until the deadline.


Q. How do I know if the indemnity received was due in whole or in part by a qualifying disaster event?

A. For crop insurance, contact your crop insurance agent to verify the disaster event that affected your crop. For NAP crops, contact your FSA office to verify the disaster event that affected your crop. Also, for drought related events, the drought index link can be used to help consider eligibility.

2020 drought counties eligible for ERP
2021 drought counties eligible for ERP


Q. I had crop insurance and had a loss on a crop that has not been paid yet, am I still eligible for Phase 1?

A. The data used to populate the initial Phase 1 letter included claim data on file with RMA as of May 2, 2022. In late summer 2022, updated claim information will be used to generate a second letter for those crop/units not included in the initial letter.


Q. I had crop insurance in 2021 and was indemnified for a qualifying disaster event but did not receive a letter or the letter did not include all of my affected crop/units. Am I still eligible for Phase 1?

A. The data used to populate the initial Phase 1 letter included claim data on file with RMA as of May 2, 2022. At that time, claim data for the Supplemental Coverage Option (SCO), Enhanced Coverage Option (ECO), Stacked Income Protection Plan (STAX), Margin Protection Plan, (MP) or Area Risk Protection Insurance (ARPI) was not complete and crop/units including these coverages were not included in the initial Phase 1 letter. If you did not have coverage under SCO, ECO, STAX, MP, or ARPI, contact your crop insurance agent to ensure your claim information was submitted to RMA by your approved insurance provider. In late summer 2022, updated claim information will be used to generate a second letter for those crop/units not included in the initial letter.


Q. Why did my neighbor receive an ERP application and I did not?

A. Only producers who received an indemnity as determined by RMA under certain crop insurance policies or a payment for NAP received an application for Phase 1.


Q. When will I receive my payment after I have submitted my complete ERP application?

A. The ERP payment will be processed after all eligibility forms have been received and the FSA representative has signed and certified the payment.


Q. I am a NAP producer and didn’t receive an ERP application. When will I receive my ERP application?

A. Pre-filled application forms for NAP producers will be mailed late summer 2022.


Q. What if I lost my ERP application or did not receive my ERP application in the mail?

A. The FSA Office can reprint an application to be completed.


Q. How do I receive a higher payment limitation?

A. Complete Form FSA-510, Request for an Exception to the $125,000 Payment Limitation for Certain Programs, to request an exception to the ERP payment limitation.


Q. What is the ERP enrollment deadline?

A. FSA will continue accepting applications until the deadline is announced at a future date.


Q. Am I required to purchase crop insurance or NAP in the future if I receive an ERP payment?

A. Yes, any applicant that receives an ERP payment must agree to purchase crop insurance or NAP, as applicable, for the next 2 available crop years, as determined by the Secretary. Availability will be determined from the date a producer receives an ERP payment and may vary depending on the timing and availability of crop insurance or NAP for a producer’s particular crops. The final crop year to purchase crop insurance or NAP coverage to meet the second year of coverage for this requirement is the 2026 crop year. For crop insurance you must agree to purchase at the 60/100 coverage level or higher, and for NAP agree to purchase coverage at the catastrophic level or higher.


Q. I no longer farm; do I still need to agree to purchase crop insurance or obtain NAP coverage on the ERP application?

A. Yes, all participants must agree to purchase coverage in order to receive an ERP payment. However, producers who were paid under ERP Phase 1 for a crop in a county, but do not plant that crop in that county in a year for which this requirement applies, are not subject to the crop insurance or NAP purchase requirement for that year.


Q. If I received an ELAP payment for aquaculture, will I receive an ERP Phase 1 payment?

A. ERP Phase 1 will not include losses to aquacultural species that were compensated under the Emergency Assistance for Livestock, Honeybees, and Farm-raised Fish Program (generally referred to as ELAP).

FAQ updates (6/3/2022)


Q. Will quality be included under Phase 1?

A. ERP Phase 1 is only including those quality conditions as recognized under the insurance policy and does not include possible further adjustments. Further adjustments for quality beyond what is covered under the insurance policy will be covered under Phase 2


Q. Can my crop insurance agent tell me if I experienced a qualifying disaster event?

A. Your crop insurance agent should be able to provide you information regarding your crop insurance claim and any documentation supporting that claim. For many, this documentation may directly relate to a qualifying disaster event under ERP. However, your crop insurance claim documentation by itself does not disqualify you from being eligible under ERP as it may not capture or document all qualifying disaster events impacting your production. You as the producer are responsible for certifying to a portion of your loss being attributed to a qualifying disaster event.


Q. What ERP factor will be considered for policies with Margin Protection?

A. Producers will get credit for the higher of their Margin Protection coverage level and underlying policy (e.g., Revenue Protection) coverage level For example, if the underlying coverage level had 70% and Margin Protection was elected at 85%, then 85% is used and the ERP factor is 95%. Producers with a standalone Margin Protection policy are not included in Phase 1.


Q. Is there an unharvested factor consideration?

A. The FSA unharvested factors do not apply to crop insurance policies under Phase 1 as the crop insurance terms are generally followed.


Q. How does ERP look at prevented planting losses?

A. Prevented planting carries through and is recalculated at the ERP factor (provided the damage date was 2020 or 2021 and it was reported).

Basic Example:
Crop Ins APH = 150
Price = $4.00
Coverage = 85%
PP factor = 55%
PP payment = 150 x 4 x 0.85 x 0.55 = $280.50/ac
ERP Factor=95%
ERP payment (before premium/fee accounted for) = 150 x $4.00 x 0.95 x 0.55 – $280.50 = $33/ac


Q. Are grazing losses covered under ERP?

A. No, Pasture, Rangeland, Forage (PRF) grazing and Annual Forage (AF) acreage associated with grazing are not eligible under ERP. Grazing losses are considered feed losses, not crop production losses, which makes them ineligible to be paid by ERP.


Q. Are haying losses covered under ERP?

A. PRF haying is eligible as well as those with AF that isn’t associated with grazing. Producers should not certify that they are eligible if their AF payment was 100% associated with grazing. However, if part of their losses were associated with anything other than grazing, then they are eligible.


Q. I received an application, but my insurance claim was not for one of the qualifying events. Do I need to have the claim corrected in order to receive my ERP payment?

A. No, if your crop insurance payment was associated with one of the qualifying events you may still be eligible to receive a payment. You are eligible for payment on any crop and unit that suffered a loss in whole or in part due to a qualifying event.


Q. Are all counties eligible for payment even if they are not listed on the eligible drought list?

A. Yes. The exception is that if a producer is certifying to drought as the qualifying disaster event, the county must have been in a drought rated by the U.S. Drought Monitor as having a D2 (severe drought) for eight consecutive weeks or a D3 (extreme drought) or higher level at any point during the applicable calendar year. If a producer is certifying to any other qualifying disaster event, all counties are eligible.


Q. If I my county did not qualify for drought based on the U.S. Drought Monitor am I automatically ineligible for ERP?

A. Not necessarily, producers should review all qualifying events such as excessive heat and related conditions. Producers that certify they had a qualifying event should be prepared to provide documentation that can substantiate their self-certification if they are reviewed during a spot check.


Q. How are replanting payments handled?

A. Replanting payments are not eligible for ERP. Replanting payments paid to a producer are not included in the ERP payment calculation.


Q. If a prevented planting claim in 2020 is tied back to 2019 floods, should it come through in Phase 1.

A. Qualifying disaster events must have occurred in Calendar Years 2020 or 2021. If the date of the loss is not in an eligible calendar year, the crop is not included in Phase 1. Producers may apply under Phase 2 if they believe they had a qualifying disaster event in one of the eligible calendar years.


Q. I had a loss in 2020 and/or 2021, but it was not enough to trigger a crop insurance indemnity. Will I be covered in phase 2?

A. Phase 2 will compensate eligible producers not paid under Phase 1 for their eligible losses, including those that may have had crop insurance or NAP, but the loss was not large enough to trigger an indemnity and address any other gaps or areas impacted by the 2020 and 2021 qualifying natural disasters


Q. My application has an SBI listed with zero percent interest. Does this SBI have to sign to complete the application?

A. No. SBIs with zero percent interest do not need to sign the FSA-520.


Q. How are joint ventures (JV) and general partnerships and other entity information separated? What am I supposed to put in the “share” box 13?

A. Primary policyholders that have matching records at FSA are listed as the applicant on the FSA-520 and the ERP payment is calculated based on the RMA share. If the shares for the entity are reported the same at RMA and FSA, the entity should enter 100% for the share in Box 13. If shares do not match between RMA and FSA, as in the case of a Husband/Wife Joint Venture where one member of the JV is listed as 100% share with RMA but was reported 50/50 to FSA, Box 13 should be completed by the applicant to match the FSA shares.


Q. Did USDA reduce production when the harvest price is less than the projected price? In the previous WHIP versions, FSA did not account for price drops, so does that carry over to ERP?

A. ERP values production to count at the harvest price for Revenue Protection and Revenue Protection with the Harvest Price Exclusion.


Q. Why is my estimated ERP payment greater than the indemnity amount I received through crop insurance?

A. ERP is not a top-up program and instead covers a portion of your crop insurance deductible. Indemnities that were previously paid to the producer are reduced by producer-paid premiums and fees before being subtracted from the payment amount.


Q. Will my ERP estimate in item 11 of the FSA-520 form be the amount I receive?

A. Not necessarily. Item 11 on the FSA-520 reflects the calculated ERP benefit prior to any reductions, so it is the calculated payment based on the formula without any adjustments. Reductions that apply to that number will include payment limitation reductions (note that the payment limitation of $125,000 will apply unless the producer files an FSA-510 that reflects that 75 percent of the adjusted gross income is due to farming, if so, non-specialty is $250,000 and specialty is $900,000), in addition, if a producer files a CCC-860 that indicates a producer is a historically underserved producer, (beginning, veteran, socially disadvantaged (including gender) or limited resource farmer or rancher), an additional 15 percent bump to the calculated ERP payment will apply. Lastly the 75 percent payment factor will apply, but additional payments may be provided if funds are available after ERP Phase 2.


Q. If there is an error in my application, what is the process for correction? If the error is corrected, will I still receive a Phase 1 payment?

A. It depends on the nature of the “error.” 2021 and 2022 crops that were omitted from an application because of pending supplemental policies (ECO, SCO, STAX and MP) will be covered in Phase 1 after indemnities have been calculated. Discrepancies in cause of loss dates that cause a crop to not appear will be handled in Phase 2. For other potential errors, the producer should contact their crop insurance agent or FSA county office.


Q. I received a crop insurance indemnity in 2020 and 2021 but did not receive an application? What should I do?

A. Please visit your FSA office, and they will print a new application if the original was lost or undelivered.


Q. When completing the FSA-520, what should I put in Box 13 if I am certifying to 100% of the payment? Should I enter 100% or leave it blank?

A. Share is assumed to be 100% to the primary policyholder unless otherwise designated; however, the primary policyholder may enter 100%, when applicable.


Q. What happens if an application is sent to a deceased producer?

A. For FSA to process an application for a deceased producer, it must first be signed by an authorized signatory.  The payment can be issued using the Tax ID Number of the deceased individual or the individual’s estate, as applicable. An alternate payee may utilize an FSA-325 where the payment will be issued using the Tax ID Number of the deceased and a 1099 will be issued in the same manner.


Q. What should I do if I have an informal joint venture that uses my Tax ID Number for the entity, but none of the members of the entity appear as SBIs on the FSA-520?

A. In instances where informal joint ventures use the Tax ID Number of one of the members of the joint venture, the applicant’s name will be matched to the FSA name. Because spousal provisions do not apply and the individuals may not be listed as SBIs on the FSA-520, it is acceptable for the primary policyholder to accept 100% of the ERP payment, provided that the payment is treated in a similar manner as other income and expenses for the informal joint venture. The producer also has the option of waiting for Phase 2 if they believe that there may be additional benefits, such as the historically underserved payment factor, available to individual members of the entity. However, there is risk associated with waiting until Phase 2 since there may be different eligibility criteria or payment factors applied to Phase 2 payments.


Q. If a Transfer of Coverage took place, who receives the ERP application?

A. Due to how Transfer of Coverage data is stored, FSA treats transferees like an SBI on the FSA-520. While the ERP application will be mailed to the original primary policyholder, the transferee will be listed as an SBI on the application. The original primary policyholder can designate 100% of the ERP payment to the transferee and only the transferee is required to sign the FSA-520.


Q. Are there appeal rights for Phase 1?

A. ERP Phase 1 is limited to the data included on the prefilled application. Phase 1 does not provide an option to update, revise, or change data except to identify shares for the primary policy holder and producers identified as an SBI on the application. There are no appeal rights for Phase 1 because there is no approval or disapproval of the application, only processing by FSA. If a producer completes the application and all signatures are provided for producers with a share in the crop(s), the application is considered complete and is processed.


Additional ERP FAQ's (6-17-22)

Q. My cause of loss was for hail. Can I still get an ERP payment?  

A. Yes, if hail was directly related to a qualifying disaster event.  Qualifying disaster events include wildfires, hurricanes (including related excessive wind, storm surges, tornado, tropical storms, and tropical depression), floods (including related silt and debris), derechos (including related excessive wind), excessive heat, winter storms (including related blizzard and excessive wind), freeze (including a polar vortex), smoke exposure, excessive moisture, and qualifying drought occurring in calendar years 2020 and 2021. For example, if a producer’s crop insurance claim was for hail damage but the damage was directly related to a tornado, then this would qualify for an ERP payment since tornado is a qualifying disaster event.  


Q. I understand that my cause of loss indicated for crop insurance does not have to match the qualifying disaster event exactly and that I will need to certify that I did in fact have a loss due to a qualifying disaster event and will need to be able substantiate that if I am spot checked. What kind of documentation will I need in such a review?  

A. Participants are required to retain documentation in support of their ERP application for 3 years after the date of approval.  All information provided to FSA for program eligibility and payment calculation purposes, including certification that a producer suffered a loss due to a qualifying disaster event is subject to spot check.  FSA County Committees (COC) will facilitate spot-checks and consider local farming practices, weather conditions, and disaster events.  As part of this process, the COC may request additional weather data or documentation to support the claimed losses. 


Additional ERP FAQ’s (7-20-2022)

Q. If ERP Phase 1 was only paid on standard acreage, is the producer required to purchase 60% on their high-risk acreage?

A. The producer is only required to purchase 60% or higher on standard acreage provided they exclude their high-risk acreage from coverage, insure high-risk acreage as CAT, or elect HR-ACE to insure high-risk acreage at a coverage level less than their standard acreage coverage level.


Q. If ERP Phase 1 was only paid on irrigated acreage, is the producer required to purchase 60% on their non-irrigated acreage?

A. The producer is only required to purchase 60% or higher on irrigated acreage and may be able to elect a different coverage level on their non-irrigated acreage if allowed by their crop insurance policy. For example, crop insurance allows separate coverage levels by irrigation practice in counties where both the irrigated and non-irrigated practice are separately offered and this may be used to insure irrigated at 60% and non-irrigated at a lower coverage level.


Q. If ERP Phase 1 was paid on one type of grapes, is the producer required to purchase 60% on all their grapes?

A. The producer is only required to purchase 60% or higher on the grape type(s) in which the ERP benefit was received.


Q. My 2020 crop year prevented planting claim was reported by the AIP to RMA with a cause of loss date in calendar year 2019 even though I was also impacted by a qualifying disaster event in 2020. I did not receive an ERP application because of this so what can I do to resolve the issue?

A. FSA is working closely with RMA to identify these and other similar situations so that ERP Phase 1 applications can automatically be generated in late summer 2022.


Additional ERP FAQ’s (9-19-2022)

Q. I recently received an ERP application but blocks 14 and 15 are missing the producer response box. What can I do to get my application submitted and processed?

A. USDA is aware of this issue. You have two options to ensure your application is processed.

  1. You can have the producer record a hand-written response of “Yes” or “No” on the FSA-520 for items 14 and 15 on the mailed application or
  2. Visit your local FSA office, and they can print an application for you to complete.

Additional ERP FAQ’s (10-28-2022)

Q. If I received a letter for my 2022 crop year wheat losses, am I automatically eligible for a disaster payment?

A. No, before an ERP payment can be made producers are responsible for certifying that the indemnities shown on the letter are a result of a qualifying disaster event. Qualifying disaster events include wildfires, hurricanes (including related excessive wind, storm surges, tornado, tropical storms, and tropical depression), floods (including related silt and debris), derechos (including related excessive wind), excessive heat, winter storms (including related blizzard and excessive wind), freeze (including a polar vortex), smoke exposure, excessive moisture, and qualifying drought occurring in calendar years 2020 and 2021. Related conditions must have occurred as a direct result of the indicated disaster event. “Qualifying drought” includes only those counties in which the drought intensity was rated by the U.S. Drought Monitor as having a D2 (severe drought) for eight consecutive weeks or a D3 (extreme drought) or higher level at any point during the calendar years 2020 and 2021. Disaster events, including drought, occurring in calendar year 2022 are not qualifying events.


Q. What are the linkage requirements for land that is newly considered high- risk?

A. Linkage is tied to the crop and county that received the ERP payment. Producers who received an ERP payment on acreage classified as standard will have to meet the minimum 60 percent coverage requirement on all acreage classified as standard. Producers who received an ERP payment on high-risk acreage will have to meet the requirement on all acreage classified as high-risk.

  • For example, if a producer received an ERP payment on standard rated soybean acreage, they would not be subject to the minimum 60% coverage on soybean acreage insured in newly classified high-risk areas. They would be subject to the minimum coverage on all soybean acreage remaining standard rated.
  • If a producer received an ERP payment on high-risk rated soybean acreage, the newly classified high-risk acreage would need to meet the requirement if insured as soybeans.

ERP Phase 2 FAQs

Q. What supporting documentation should I gather in anticipation of applying for ERP Phase 2?

A. ERP Phase 2 is a certification-based program, producers can begin reviewing Schedule F (Form 1040); and Profit or Loss from Farming or similar tax documents for tax years 2018-2022, representing their applicable Benchmark Year and Tax Year for Disaster Year Revenue.


Q. What is the difference between ERP Phase 2 and PARP?  Is there a side-by-side tool to help me decide which program is best for me?

A. There is!  A side-by-side comparison fact sheet was created to help you navigate both programs and determine eligibility, it is available here.


Q. How will digital signatures be obtained if the producer does not have the means or proper equipment to complete an application electronically?

A. Digital in-person signatures will be obtained in the county office electronically.  The producer is not required to purchase or obtain any special electronic device.


Q. How is revenue calculated for on-farm use of crops?

A. Crops grown for on farm use such as forage fed to livestock have no sales resulting into revenue. However, there could be revenue that would still be considered allowable gross revenue as defined in the table located on the back of the FSA-521 form.  Applicable program payments for disaster programs, ARC/PLC, NAP payments less premiums and administrative fees, crop insurance indemnities less premiums and administrative fees, could still be considered allowable gross revenue if the crop is considered eligible for ERP Phase 2.  These sources of revenue would still be applicable in the calculation of allowable gross revenue if they were received in the applicable tax year, regardless of the producer’s intent to commercially market the crop.


Q. Benchmark years 2018 and 2019 are stated to be a “typical” year of revenue for an operation.  What if a producer had losses in those years, can they request an adjusted benchmark in that instance?

A. No, Benchmark Year Revenue cannot be adjusted for producer losses.  However, it may be adjusted by a producer if either of the following apply:

  • The producer did not have a full year of revenue in 2018 or 2019
  • The producer expanded their operation capacity yin a disaster year for ERP Phase 2, compared to the 2018 or 2019 benchmark year

Producers are required to adjust allowable gross revenue for the Benchmark Year if there was a decrease in operation capacity in a disaster year as compared to the 2018 or 2019 Benchmark Year. 


Q. Am I going to get the remaining 25% of my payment from Phase 1 under Phase 2?

A. USDA will evaluate the remaining funding at the end of Phase 2, after all payments have been issued – however, it is not guaranteed nor anticipated the remaining 25% will be issued.


Q. If a producer qualified as a beginning farmer in 2020 or 2021, but that expired in 2022 – will they still get the increased payment rate?

A. Yes, Program Year (Disaster Year) reads the associated subsidiary file from 2020 or 2021.


Q. Can the payment limitation rules be clarified?

A. ERP Phase 2 has two program years, 2020 and 2021. Payment limitations for ERP are follows:

Specialty/High Value crops: $125,000 by program year, can increase to $900,000 by filing the FSA-510 form. 

Other crops: $125,000 by program year, may increase to $250,000 by filing the FSA-510 form 

Payments for the ERP program are combined by program year as follows: 

  • 2020 program year = 2020 ERP Phase 1, and 2020 ERP Phase 2, combined
  • 2021 program year = 2021 ERP Phase 1, 2021 Phase 2, combined

Q. Would Kelp grown and sold as feedstock for cattle be an eligible crop?

A. Yes, it is an eligible crop


Q. How will deferred revenue and crop insurance proceeds be addressed? 

A. Revenue is based on tax year and is specific to each applicant. The revenue would go with the applicable tax year the applicant would have reported for tax purposes. Specifically, deferred revenue and proceeds from crop insurance will be considered "allowable revenue" for ERP Phase 2 purposes in the tax year in which the revenue or crop insurance proceeds are reported to the IRS by the taxpayer. ERP Phase 2 is a producer certification-based program, specific questions on revenue reporting should be addressed with the producer’s individual tax preparer.  FSA cannot provide casual advice for how income could or should have been reported.  The FSA-521 table contains what is considered allowable gross revenue.


Q. Is there a tool to assist producers or accountants in determining Allowable Gross Revenue?

A. Producers may use the FSA-521A worksheet or the ERP Excel tool to determine Allowable Gross Revenue.


Q. Every operation changes (increases or decreases) capacity every year, is there a minimum threshold where a producer wouldn’t need to calculate the change?

A. There is no minimum threshold change.  Producer is required to decrease the benchmark revenue and they may increase the benchmark.


Q. Is honey an eligible crop?

A. Yes


Q. Will producer resources be provided in other languages?

A. Yes, once the rule is published resources will be provided in multiple languages.  There may be a slight delay.


Q. What happens when crop(s) revenue is split between disaster years?

A. The revenue would go with the applicable tax year the applicant would have reported for tax purposes.


Q. What if I have losses in both disaster years, do I file two applications?

A. Producer will file one application in the recording county and list all applicable disaster years.


Q. I didn’t file an acreage report for the disaster years 2020 or 2021, am I ineligible or will I have to pay a late-filed fee to be able to apply for ERP Phase 2?

A. An acreage report is not required to file an application for ERP Phase 2.  It is required to be filed in the linkage years.


Q. Is hay sold for forage an eligible crop or ERP Phase 2?

A. Yes


Q. I already filed an FSA-510 form under ERP Phase 1, can it be applied to Phase 2?

A. Yes, if a producer filed an FSA-510 in Phase 1 for the same program year they are applying for under Phase 2.


Q. Are all organic crops considered high value by default?

A. Yes, all organic are high value if they were not already classified as specialty.


Q. Since there is a linkage requirement for ERP, does the crop have to be insurable for me to apply for assistance on my revenue loss?

A. Crops that are not eligible for crop insurance or NAP are considered eligible for Phase 2.  This is different than prior disaster programs which required a crop to be insurable or NAP eligible.


Q. Does linkage apply for non-insurable and crops that are not eligible for NAP?

A. Yes. Producers are required to file an acreage report in the linkage years and must obtain Whole Farm Revenue Protection to meet linkage for crops that are NOT insurable or eligible for NAP.


Q. The instructions for the FSA-521A indicate to NOT include certain FSA program payments such as ERP-1, QLA, and WHIP in the Allowable Gross Revenue calculations.  Aren’t these payments subtracted from the ERP Phase 2 Payment itself?

A. QLA, WHIP, and WHIP+ payments are included in the 2018 and 2019 benchmark revenue.  Benchmark revenue is tied to the tax year.  The 2020 QLA and 2020 WHIP+ program payments are automatically subtracted at the end of the 2020 crop year payment calculation.


Q. Are producers to exclude CFAP when calculating the Allowable Gross Revenue, even though the software will reduce CFAP from the ERP Phase 2 payment?

A. Yes, CFAP 1 and 2 payments are excluded from Allowable Gross Revenue. To further clarify, if the producer applied for the 2020 disaster year, CFAP if received, would automatically be deducted from the ERP Phase 2 payment.


Q. If I grew blueberries and raspberries, but only the raspberries had damage for the disaster year, do I only need to meet linkage for the raspberries or do I need blueberry coverage as well?

A. Producers are required to complete form FSA-522 and identify all crops that suffered revenue losses in whole or in part from qualifying disaster event(s) for the disaster year(s) for which they applied for ERP Phase 2 benefits (2020 and/or 2021). Crop insurance or NAP coverage is required for crops identified on FSA-522 for the next two available crop years (no later than 2026) to meet linkage requirements.


Q. Insurance Indemnities: Many producers received federal crop insurance indemnities that were less than their premiums for the applicable year.  When completing the application and/or ERP Phase 2 Tool, would the producer enter a negative amount for the crop insurance indemnity, since their premiums were more than the indemnity received?  Or would they just zero that portion out for revenue purposes?

A. The table on the back of the FSA-521 for Schedule F, line 6 says to include “crop insurance proceeds less administrative fees and premiums” and “Noninsured Crop Disaster Assistance Program (NAP) payments, less administrative fees and premiums”.    If premiums and fees are greater than the indemnity, the producer is to use the negative number in the calculation of allowable gross revenue.  Example:  Crop insurance indemnity received is $1,000, however premium and fees paid are $2,000 = (-$1,000). 


Q. Would crop insurance proceeds received for a crop I never intended to sell, such as Corn Silage be considered allowable gross revenue for ERP Phase 2, if it was received in my selected tax year?  

A.  Yes.  Crop insurance proceeds, less premiums and administrative fees, is considered allowable gross revenue according to the table on the reverse of the FSA-521.  Corn silage is an eligible crop for ERP Phase 2.  Therefore, any actual revenue received in the applicable tax year (benchmark or disaster year) would be included if it meets the criteria for allowable gross revenue, even though the eligible crop was never intended to be commercially marketed.   If intentions changed and the crop intended for feed was sold, we would include revenue from the sale as well. 


Q. The producer has Patron Dividends in 3a of the Schedule F.  The producer indicates that most of the dividends are from seed and fertilizers purchases.  Are seed and fertilizer purchases considered to be “directly related to the sale of eligible crops” and therefore should be included as allowable gross revenue?  Or is the producer only looking for, “per-unit allocations paid to patrons for gross grain sales” – as listed on the FSA-521?

A. This should be limited to per-unit allocations paid to patrons for gross grain sales.   The portion of the dividend the grower received from inputs purchased from the cooperative, such as seed or fertilizer, would be excluded from the allowable gross revenue. 


Q. I applied for ERP Phase 2, and I grow insured crops.  Is an acreage report filed with crop insurance sufficient to meet the linkage requirements or must I also file an FSA-578 with FSA?

A. You must file an FSA-578 with FSA as part of the linkage process


Q. Husband and Wife farm on a 50/50 basis, but file taxes as "Married, filing jointly".  Should the husband and wife each be claiming 50% of the revenue identified on their Joint Schedule F? 

A. Producers who file or would be eligible to file a joint tax return will certify their allowable gross revenue based on what it would have been had they filed taxes separately for the  applicable year.


Q. We are looking for clarification as to when payments will be processed and received for ERP Phase 2, we have heard there is a $2,000 maximum payment?

A. ERP Phase 2 application software has been updated to allow the maximum initial payment amount of $2,000 minus any ERP Phase 1 gross payments per disaster year be processed.  The remaining payment, if applicable, will be processed after the July 14, 2023, signup deadline.  


Q. Does ERP Phase 2 cover shallow and/or quality losses for eligible crops?

A. Yes. ERP Phase 2 payments are based on the difference in allowable gross revenue between a benchmark year, intended to represent a typical year of revenue for the producer's operation, and the applicable disaster year. The allowable gross revenue information required from producers to apply for ERP Phase 2 will be a self-certification by the producer or authorized representative.

For ERP Phase 2, "allowable gross revenue" refers to annual gross farm income before expenses and includes sales of eligible crops and certain government farm program payments directly related to eligible crops.

Producers have the choice of two benchmark years (2018 and 2019) to utilize as the threshold to best reflect the loss experienced in the disaster year.


Q. Can a dissolved entity file an application for ERP Phase 2?

A.  Valid signature authority is required to complete an application. 

Additionally, if the producer is a general partnership or joint venture that was dissolved, all members of the general partnership or joint venture at the time of dissolution, or their representatives must sign the application and required forms.


Q. Does PRF-RI cover the linkage requirement for applicable ERP eligible crops? 

A. Yes, if PRF-RI is obtained at the 60/100 coverage level, or greater for the eligible crop.


Q. What are the linkage requirements for land that is newly considered high- risk?

A. Linkage is tied to the crop and county that received the ERP payment. Producers who received an ERP payment on acreage classified as standard will have to meet the minimum 60 percent coverage requirement on all acreage classified as standard. Producers who received an ERP payment on high-risk acreage will have to meet the requirement on all acreage classified as high-risk.

  • For example, if a producer received an ERP payment on standard rated soybean acreage, they would not be subject to the minimum 60% coverage on soybean acreage insured in newly classified high-risk areas. They would be subject to the minimum coverage on all soybean acreage remaining standard rated.
  • If a producer received an ERP payment on high-risk rated soybean acreage, the newly classified high-risk acreage would need to meet the requirement if insured as soybeans.

Q. Would I request an adjusted benchmark year revenue on the FSA-521, if I farmed as an individual 2018 and/or 2019, and then switched to an entity in 2020/2021?  

A. Yes. The new entity would be required to establish an adjusted benchmark year revenue because the entity began farming in 2020 or 2021 and did not have actual allowable gross revenue in a benchmark year.


Q. Producers are to submit one FSA-521 for their entire operation nationwide in the recording county. I farm both as an individual and as a sole member of Farmers LLC. I file my acreage reports with FSA and carry crop insurance under both operation names, but file taxes as an individual.  

Would I file one or two FSA-521s for the disaster year?

How would linkage be met?

A. The application should be filed in the name of the individual or entity that is entitled to an ownership share and is at risk in the crop, production, and marketing associated with the agricultural production of crops. If the “applicant” can prove they had a risk in the eligible crop(s) and that they received the allowable gross revenue, then that revenue can be attributed to the applicant, regardless of how the taxes were filed.    

The applicant would need to obtain crop insurance coverage in the same name as the individual or entity listed on the FSA-521 and FSA-522 and file an accurate acreage report during the linkage years. Only one can have risk, this also applies to linkage.


ERP 2022 Tracks 1 & 2

Q. How will digital signatures be obtained if the producer does not have the means or proper equipment to complete an application electronically?

A. Digital or electronic signatures can be obtained through an in-person process in the county office or through a remote process called One-Span by using a computer or cell phone. ERP 2022 applications can also be accepted if submitted manually with an inked signature, they will be converted and added to an electronic file by the county office staff.  No special electronic devices are required for the producers to participate in ERP 2022. 


Q. Can the payment limitation rules be clarified?

A. ERP 2022 has one program year, 2022.  Payment limitations for ERP 2022 are follows:

Specialty/High Value crops: $125,000, can increase to $900,000 by filing the FSA-510 form

Non-specialty/Other crops: $125,000, may increase to $250,000 by filing the FSA-510 form

Payments for the ERP 2022 program are combined as follows:
  • 2022 program year = 2022 ERP 2022 Track 1, and 2022 ERP 2022 Track 2

Q. Would Kelp grown and sold as feedstock for cattle be an eligible crop?

A. Yes, it is an eligible crop


Q. Is honey an eligible crop?

A. Yes


Q. Will producer resources be provided in other languages?

A. Yes, once the rule is published resources will be provided in multiple languages.  There may be a slight delay.


Q. Does linkage apply for non-insurable and crops that are not eligible for NAP?

A. Yes.  Producers are required to file an acreage report in the linkage years and must obtain Whole Farm Revenue Protection or a Micro Farm policy to meet linkage for crops that are NOT insurable or eligible for NAP.


Q. For drought to be a "qualifying drought" did the County need to be D2 for 8 consecutive weeks, D3 or greater?

A.
Yes, this is a Statutory requirement.


Q. If a producer still qualified as a beginning farmer in 2022, but that expired in 2023 will they receive the benefit of that certification from the CC-860 for the purposes of ERP 2022?

A.
Yes, since the CCC-860 is applicable for 2022 and the program is for program year 2022.    


Q. Does Hail qualify as a Disaster Event?

A.
Hail by itself is not a qualifying disaster event.  


Q. Can customers who received payments in ERP 2022, Track 1 also be eligible for ERP 2022 Track 2?

A.
Yes.  However, their Track 1 payment will be reduced from any potential Track 2 payment.  


Q. Is a producer required to purchase NAP for the 2 years even if they do not plant that crop in the future years?  

A.
Linkage is not required if the producer does not plant the crop in the linkage years.  


Q. Can a dissolved entity file an application for ERP 2022 Track 2?

A. Valid signature authority is required to complete an application.  


Q. Will the ERP 2022 forms and applications be available in Spanish?

A. We will have the application available in Spanish once the rule is published, as well as other languages. There could be a small delay due to timing of publication of rule.


Q. What year eligibility forms (902, 1026, 941) need to be completed? 2022 or 2023?

A.
Eligibility forms need to be completed in the year of the disaster: 2022 for ERP 2022.


ERP 2022 Track 1 Only 

Q. If I received an indemnity under my crop insurance policy and a NAP payment on the same loss, does my ERP 2022 payment have to be based on my crop insurance payment like it was under ERP Phase 1?

A. No, producers with crop insurance and NAP on the same crops will choose which Track 1 ERP 2022 payment to receive.


Q. If I received an ERP 2022 Track 1 application in the mail, am I automatically eligible for a payment?

A.
Receipt of a Track 1 application is not confirmation the producer is eligible to receive an ERP 2022 payment.

Producers electing to receive Track payments must:
  • Certify the RMA indemnity or NAP payment received was due, in whole or in part, for crop production or tree loss caused by a qualifying disaster event or related condition that occurred in calendar year 2022.
  • Agree to purchase crop insurance or NAP, as applicable for the crop at a 60/100 level or higher for insured crops or at the 50/55 level or higher for NAP crops for the next 2 years.  Linkage must be satisfied by 2027.

ERP 2022 Track 2 Only 

Q.  For ERP 2022, Track 2 - Producers must certify on the FSA-524 if all eligible crops (including crops grown, prevented from being planted, and in storage or inventory in the disaster year) were covered by crop insurance or NAP at the time the crop was grown.  What is the purpose of this certification and does the level of insurance matter? I understand this certification has nothing to do with the linkage requirement.

A.  If a producer is able to certify "yes", that all acreage of eligible crops was covered by crop insurance or NAP, the ERP factor used in calculating the payment will be 90%.  If not all acres of eligible crops were covered, the producer will certify "no" and a 70% factor will be used in the calculation.  There is no minimum coverage level for this provision.


Q. I want to use the tax year option, what supporting documentation should I gather in anticipation of applying for ERP 2022 Track 2? 

A. ERP 2022 Track 2 is a certification-based program, producers can begin reviewing Schedule F (Form 1040); and Profit or Loss from Farming or similar tax documents for tax years 2018-2023, representing their applicable Benchmark Year and Tax Year for Disaster Year Revenue.


Q. How will deferred revenue and crop insurance proceeds be addressed for the tax year option?

A. If the tax year option is selected, revenue is based on tax year and is specific to each applicant.  The revenue would go with the applicable tax year the applicant would have reported for tax purposes. ERP 2022 Track 2 is a producer certification-based program, specific questions on revenue reporting should be addressed with the producer’s individual tax preparer.  FSA cannot provide casual advice for how income could or should have been reported.  The FSA-524 Appendix contains what is considered allowable gross revenue.


Q. Is there a tool to assist producers in calculating revenue for the tax year option and the expected revenue option?

A.
Yes.  

1. Producers may use the ERP 2022 Track 2 Application Tool (Excel document) for both the tax year and expected revenue options.

2. Manual worksheet FSA-524-A – Tax year option

3. Manual worksheet FSA-524-B – Expected Revenue Option.


Q. For producers choosing the tax year option, what happens when crop(s) revenue is split between disaster years?

A.
The revenue would go with the applicable tax year the applicant would have reported for tax purposes.


Q. I didn’t file an acreage report for the disaster year 2022, am I ineligible or will I have to pay a late-filed fee to be able to apply for ERP 2022 Track 2?

A.
An acreage report is not required to file an application for ERP 2022 Track 2.  It is required to be filed in the linkage years.


Q. Is hay sold for forage an eligible crop for ERP 2022 Track 2?

A.
Yes


Q. Are all organic crops considered high value by default for ERP 2022 Track 2?

A. Yes, all organic are high value if they were not already classified as specialty under ERP 2022, Track 2.


Q. Since there is a linkage requirement for ERP 2022, does the crop have to be insurable for me to apply for assistance on my revenue loss?

A.
Crops that are not eligible for crop insurance or NAP are considered eligible for Track 2.  This is different than prior disaster programs which required a crop to be insurable or NAP eligible.


Q. If a producer grows blueberries and raspberries and only the raspberries had damage for the disaster year, do they only need to do the 2-year crop insurance linkage for the raspberries or do they need to have blueberry coverage as well?

A.
All crops that suffered revenue losses are self- certified on FSA-525. Crop insurance or NAP coverage is required for crops identified on FSA-525 for the next 2 available crop years (no later than 2027) to meet linkage requirements.


Q.Are there options for certifying revenue losses for ERP 2022?

A.
Producers have two options for determining their benchmark and disaster year revenue:   

1. Tax Year Option – The Tax Year Option allows producers to use their tax records or other available financial documents to find the information needed to determine allowable gross revenue to include in benchmark and disaster year revenue.   There are special provisions for producers who received a payment for 2021 ERP Phase 2 and used 2022 as their representative revenue year. They must use the tax year option if they are applying for ERP 2022 and must select 2023 as their representative tax year. 

These producers must certify to an allowable gross revenue for the benchmark year that has been adjusted if the producer had a decrease in operation capacity in the disaster year as compared to the benchmark year.

They must also include in the allowable gross revenue a value for certain crops, when and as determined by the Deputy Administrator, that they produced that did not generate revenue directly from the sale of the crop and that the producer uses within their ordinary operation.

Additionally, these producers may certify to an allowable gross revenue that they adjusted for the benchmark year if either of the following apply:

a. the producer did not have a full year of revenue for 2018 or 2019; or

b. the producer had expanded their operation capacity in the disaster year compared to the benchmark year.

2. Expected Revenue Option–is a producer’s expected revenue (based on realistic projections) from all eligible crops that could have been affected by a qualifying disaster event in calendar year 2022 and the actual revenue from all eligible crops that were included in the producer’s expected revenue. 

Producers, except those described in the special provisions above, must use the expected revenue option if they had a decrease in operating capacity during their disaster year, as compared to the 2018 or 2019 benchmark year, were a new producer with no benchmark year revenue in 2018 or 2019, or produced any crop(s) that did not generate revenue directly from the sale of eligible crops and that the producer uses within their ordinary operation.

Note:  Reflecting an increase in operating capacity in the disaster year in comparison to the benchmark year is optional.  Therefore, producers who had an increase in operation capacity may elect either option; however, they may not adjust benchmark year revenue under the tax year option to reflect the change.  This does not apply to producers referenced under the special provision. 

Q. Can you explain the different percentage certifications a producer makes when applying under ERP 2022, Track 2?

A. 

1. Percentage of Revenue from Specialty and High Value and Other Crops  
Since separate payment limitations apply to payments for specialty and high value crops and other crops, for both the Tax Year Option and the Expected Revenue Option, producers must certify to the percentage of their disaster year revenue that they expected to receive from specialty and high value crops and the percentage from other crops.  
 
The percentages must be based on what the producer would have reasonably expected to receive for each category in the disaster year if the qualifying disaster event had not occurred.  Producers will certify to the percentages of revenue from specialty and high value crops (combined) and other crops on FSA-524.

2. Crop Insurance or NAP Coverage Certification  
Producers must certify on FSA-524 if all acreage of eligible crops (including crops grown, prevented from being planted, and in storage or inventory in the disaster year) was covered by crop insurance or NAP for the purpose of determining the applicable ERP factor.  

Note: Producers of eligible crops in storage may certify that the crops were covered by crop insurance or NAP only if all acres of the crops were insured at the time the crop was grown. For example, a grain bin may contain corn from both the 2021 and 2022 crop years. To be considered insured, all the corn must have been insured in the 2021 and 2022 growing seasons.  

If a producer certifies “yes” that all acreage of eligible crop was covered by crop insurance or NAP, then a 90% ERP factor is used in the payment calculation. If “no” is certified, a 70% factor will be applied.


Q. When using the Expected Revenue Option, Benchmark revenue must be based on realistic projections that can be supported by acceptable documentation of expected inventory, acres, yield, and unit price.  Can you provide some examples of documentation that could be considered acceptable?

A.
These examples are considered acceptable:
  • sales contracts
  • purchase agreements
  • market agreements  
  • settlement sheets  
  • scale tickets  
  • lease agreements    
  • local market prices    
  • FCIC established yield and prices  
  • crop insurance documents                
  • historical yield data, appraisals                                                 
  • farm business plans
  • acreage reports
  • cooperative extension service & university data
  • financial institute documentation
  • ARC and PLC information
  • FSA National Crop Table data (used for NAP)
  • National Agricultural Statistics Service data (NASS)

Q. What if I am the primary crop insurance policy holder with other Substantial Beneficial Interest (SBI) listed on my application and have designated SBI shares, but am not able to collect all SBI signatures on my ERP application?

A. The ERP 2022 application will be considered incomplete. 

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