U.S. flag

An official website of the United States government

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Https

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Emergency Relief

To help agricultural producers offset the impacts of natural disasters in 2020 and 2021, Congress included emergency relief funding in the Extending Government Funding and Delivering Emergency Assistance Act (P.L. 117-43). This law targets at least $750 million for livestock producers impacted by drought or wildfires.

USDA is working diligently to develop the programs, policies and provisions required to equitably distribute these much-needed payments to producers hard-hit by catastrophic disaster events the past two years. Through proactive communication and outreach, USDA will keep producers and stakeholders informed as program details are available.  

Funds will be distributed in two phases through the Emergency Livestock Relief Program (ELRP) and the Emergency Relief Program (ERP).

ELRP Notice of Funding Availability

Emergency Livestock Relief Press Release

ERP Notice of Funding Availability

Emergency Relief Program Press Release (5-16-22)

Emergency Relief Program Press Release (6-29-22)

Top 6 Emergency Relief Program Checklist Items for Eligible Farmers

About the Program:

Emergency Livestock Relief Program (ELRP) Phase 1

The first phase of ELRP assistance will provide payments to producers who faced increased supplemental feed costs as a result of forage losses due to a qualifying drought or wildfire in calendar year 2021 using data already submitted to FSA though the Livestock Forage Disaster Program (LFP).

Fact Sheet

Who is Eligible?

Eligible Producers

ELRP Phase 1 only includes 2021 LFP participants.

FSA will utilize livestock inventories and forage acreage already reported to FSA on a 2021 CCC-853, Livestock Forage Disaster Program Application, to determine eligibility and calculate a ELRP phase 1 payment.

Livestock producers who have losses due to drought are eligible for assistance if:

  • any area within the county in which the loss occurred 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 of drought intensity during the applicable year.

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

Producers whose permitted grazing on federally managed lands was disallowed due to wildfire are also eligible for ELRP payments.

Eligible Livestock

Eligible livestock are grazing animals that satisfy the majority of net energy requirement of nutrition via grazing of forage grasses or legumes and include such species as alpacas, beef cattle, buffalo/ bison, beefalo, dairy cattle, deer, elk, emus, equine, goats, llamas, reindeer or sheep.

LFP Fact Sheet
LFP Webpage

How to Apply

For ELRP Phase 1, eligible livestock producers are not required to submit an application for ELRP phase 1; however, they must have the following forms on file determined by FSA’s Deputy Administrator for Farm Programs:

  • CCC-853, Livestock Forage Disaster Program Application
  • Form AD-2047, Customer Data Worksheet;
  • Form CCC-902, Farm Operating Plan for an individual or legal entity as provided in 7 CFR part 1400;
  • Form CCC-901, Member Information for Legal Entities (if applicable); and
  • Form AD-1026 Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification for the ELRP producer and applicable affiliates.

Payments
ELRP Phase 1 payments will be equal to the eligible livestock producer’s gross 2021 LFP calculated payment multiplied by the applicable ELRP payment factor.

The ELRP payment factor will be 90 percent for beginning, limited resource, socially disadvantaged, and veteran farmers and ranchers, and 75 percent for all other producers.

Form CCC-860, Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification, must be on file with FSA with a certification applicable for the 2021 program year to receive a payment based on the higher payment factor.
Payment Limitation and Adjusted Gross Income

Adjusted Gross Income (AGI) limitations do not apply to ELRP, however the payment limitation for ELRP is determined by the person’s or legal entity’s average adjusted gross farm income (income derived from farming, ranching, and forestry operations). Specifically, a person or legal entity, other than a joint venture or general partnership, cannot receive, directly or indirectly, more than $125,000 in payments under ELRP if their average adjusted gross farm income is less than 75 percent of their average AGI for tax years 2017, 2018, and 2019.

If at least 75 percent of the person or legal entity’s average AGI is derived from farming, ranching, or forestry related activities and the participant provides the required certification and documentation, as discussed below, the person or legal entity, other than a joint venture or general partnership, is eligible to receive, directly or indirectly, up to $250,000 in ELRP payments. To request the increased payment limitation, participants must file form FSA-510 complete with participant’s certification their average adjusted gross farm income is at least 75 percent of their average AGI and a certification from a Licensed Certified Public Accountant (CPA) or Attorney that the participant meets the requirements.

Attribution of payments apply to ELRP and payments to a legal entity are tracked through four levels of ownership, attributed, and limited to persons or legal entities that hold an ownership interest in the legal entity. For more information, see the Direct Attribution information on the Payment Limitations webpage.

Emergency Livestock Relief Program (ELRP) Phase 2

FSA continues to evaluate and identify impacts of 2021 drought and wildfire on livestock producers to ensure equitable and inclusive distribution of much-needed emergency relief program benefits.

All ELRP information and resources will be updated as Phase 2 policies and provisions are available.

Emergency Relief Program (ERP) Phase 1

The first phase of ERP assistance will provide payments to producers who were impacted by wildfires, droughts, hurricanes, winter storms, and other eligible disasters experienced during calendar years 2020 and 2021 using existing Federal Crop Insurance or Noninsured Crop Disaster Assistance Program (NAP) data already submitted to FSA.

Fact Sheet

Who is Eligible?

ERP covers losses to crops, trees, bushes and vines due to a qualifying natural disaster event in calendar years 2020 and 2021. Eligible crops include all crops for which federal crop insurance or NAP coverage was available except for crops intended for grazing. Qualifying natural disaster events include wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, qualifying drought, and related conditions.

For ERP eligibility, “related conditions” are damaging weather and adverse natural occurrences that occurred concurrently with and as a direct result of a specified qualifying disaster event. They include:

  • Excessive wind that occurred as a direct result of a derecho;
  • Silt and debris that occurred as a direct result of flooding;
  • Excessive wind, storm surges, tornados, tropical storms, and tropical depressions that occurred as a direct result of a hurricane; and
  • Excessive wind and blizzards that occurred as a direct result of a winter storm.

For drought, ERP assistance is available if any area within the county in which the loss occurred was rated by the U.S. Drought Monitor as having a D2 (severe drought) for eight consecutive weeks or D3 (extreme drought) or higher level of drought intensity.

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

How to Apply

For ERP Phase 1, FSA will send pre-filled application forms to producers whose crop insurance and NAP data is already on file because they received a crop insurance indemnity or NAP payment. This form includes eligibility requirements, outlines the application process, and provides ERP payment information. Producers will receive a separate application form for each program year. Receipt of a pre- filled application is not confirmation that a producer is eligible to receive an ERP Phase 1 payment.

Producers must also have the following forms on file determined by FSA’s Deputy Administrator for Farm Programs:

  • Form AD-2047, Customer Data Worksheet;
  • Form CCC-902, Farm Operating Plan for an individual or legal entity;
  • Form CCC-901, Member Information for Legal Entities (if applicable); and
  • Form AD-1026 Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification for the ELRP producer and applicable affiliates.

Most producers, especially those who have previously participated in FSA programs will likely have these required forms on file. However, those who are uncertain or want to confirm should contact their local FSA county office.

In addition to the forms listed above, 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, if applicable, for the 2021 program year.
  • Form FSA-510, Request for an Exception to the $125,000 Payment Limitation for Certain Programs (if applicable).


Payments

For crops covered by crop insurance, the ERP Phase 1 payment calculation for a crop and unit will depend on the type and level of coverage obtained by the producer. Each calculation will use the following ERP factor based on the producer’s level of crop insurance or NAP coverage.

  • Crop Insurance – the ERP factor is 75% to 95% depending on the level of coverage ranging from catastrophic to at least 80% coverage.
  • NAP – the ERP factor is 75% to 95% depending on the level of coverage ranging from catastrophic to 65% coverage. FSA will perform a conventional NAP payment calculation with an adjusted guarantee equal to the ERP Factor.

ERP factors tables can be found on the ERP Fact Sheet.

FSA will mail application forms for policy holders with 2021 crop year coverage under Stacked Income Protection (STAX), Supplemental Coverage Option (SCO), Enhanced Coverage Option (ECO), Margin Protection (MP), and Area Risk Protection Insurance (ARPI) when data becomes available.

Payment Limitation and Adjusted Gross Income

The payment limitation for ERP Phase 1 is determined by the person’s or legal entity’s average adjusted gross farm income (income from activities related to farming, ranching, or forestry).

Specifically, a person or legal entity, other than a joint venture or general partnership, cannot receive, directly or indirectly, more than $125,000 in payments for specialty and high value crops and $125,000 in payment for all other crops under ERP (for Phase 1 and Phase 2 combined) for a program year if their average adjusted gross (AGI) farm income is less than 75 percent of their average AGI the three taxable years preceding the most immediately preceding complete tax year.

If at least 75 percent of the person or legal entity’s average AGI is derived from farming, ranching, or forestry related activities and the participant provides the required certification and documentation, as discussed below, the person or legal entity, other than a joint venture or general partnership, is eligible to receive, directly or indirectly, up to:

  • $900,000 for each program year for specialty crops; and
  • $250,000 for each program year for all other crops.

The relevant tax years for establishing a producer’s AGI and percentage derived from farming, ranching, or forestry related activities are:

  • 2016, 2017, and 2018 for program year 2020;
  • 2017, 2018, and 2019 for program year 2021; and
  • 2018, 2019, and 2020 for program year 2022.

To request the increased payment limitation, participants must file form FSA-510 complete with participant’s certification their average adjusted gross farm income is at least 75 percent of their average AGI and a certification from a Licensed Certified Public Accountant (CPA) or Attorney that the participant meets the requirements. To learn more, visit the Payment Eligibility and Payment Limitations fact sheet.

Requirement to Purchase Crop Insurance or NAP Coverage

All producers who receive ERP Phase 1 payments must purchase crop insurance, or NAP coverage where crop insurance is not available, in the next two available crop years as determined by the Secretary. Purchased coverage must be at 60/100 level of coverage or higher for insured crops, or at the catastrophic coverage level or higher for NAP crops.

Emergency Relief Program (ERP) Phase 2

Updates will be made once program details are finalized.

Historically Underserved

The ELRP payment percentage will be 90% for historically underserved producers, and 75% for all other producers.

The ERP payment percentage for historically underserved producers, including beginning, limited resource, and veteran farmers and ranchers will be increased by 15% of the calculated payment for crops having insurance coverage or NAP.

To qualify for the ELRP or ERP higher payment percentage, eligible producers must have a CCC 860, Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification, form on file with FSA for the 2021 program year.

FAQs

Frequently Asked Questions for Emergency Livestock Relief Program (ELRP)

Frequently Asked Questions for Emergency Relief Program (ERP)

NEW (additional) Frequently Asked Questions for Emergency Relief Program (ERP) (6-6-22)

NEW (additional) Frequently Asked Question for Emergency Relief Program (ERP) (6-17-22)


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. Applications need to be turned into your local FSA office by July 22, 2022.


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. Applications need to be turned into your local FSA office by July 22, 2022.


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. The payment can go to an alternate payee using an FSA-325, but the payment will be issued using the Tax ID Number of the deceased and a 1099 will be issued the same way.


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.   

On-Farm Stored Commodities

Updates will be made once program details are finalized.

Milk Income Loss

Updates will be made once program details are finalized.