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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.
On December 29, 2022, President Biden signed into law the Disaster Relief Supplemental Appropriations Act, 2023 (P.L. 117-328) that provides about $3.7 billion in financial assistance for agricultural producers impacted by wildfires, droughts, hurricanes, winter storms and other eligible disasters occurring in calendar year 2022. Additionally, the Act specifically targets up to about $500 million to livestock producers for losses incurred due to drought or wildfire in calendar year 2022.
Funds will be distributed through the Emergency Livestock Relief Program (ELRP), Emergency Relief Program (ERP), and the Milk Loss Program (MLP).
Producers who receive ERP payments are required to purchase crop insurance or Noninsured Crop Disaster Assistance Program (NAP) coverage for the next two available crop years. FSA awarded cooperative agreements to nine organization who can assist producers in completing any follow-up linkage requirements. Find an organization near you.
ELRP Notice of Funding Availability | ERP Notice of Funding Availability |
ELRP and ERP Notice of Funding Availability Clarification | ERP Phase Two Rule |
Milk Loss Program Rule |
The ERP dashboard has information on ERP payments that can be sorted by crop type – specialty or non-specialty, specific commodities and state. Updated information will be posted every Monday. Learn more about specialty crops.
Emergency Livestock Relief Program (ELRP) Phase 1 & 2
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).
Through the distribution of remaining funds, USDA is also concluding the 2021 ELRP program by sending payments in the amount of 20% of the initial ELRP payment to all existing recipients.
Fact Sheet
Who is Eligible?
Eligible Producers
ELRP Phase 1 and 2 only includes 2021 LFP participants.
FSA utilized 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:
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:
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
The ELRP Phase 2 payment will be equal to 20% of the 2021 gross ELRP Phase 1 payment to compensate for the loss of winter grazing directly affected by the drought and wildfire conditions.
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 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.
Producers who are eligible for assistance through ERP Phase One have until Friday, Dec. 16, 2022, to contact FSA at their local USDA Service Center to receive program benefits. Going forward, if any additional ERP Phase One prefilled applications are generated due to corrections or other circumstances, there will be a 30-day deadline from the date of notification for that particular application.
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:
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:
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.
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.
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:
The relevant tax years for establishing a producer’s AGI and percentage derived from farming, ranching, or forestry related activities are:
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
ERP Phase 2 is a tax year based certification program that provides assistance for producers who suffered a loss in revenue due to necessary expenses associated with losses of eligible crops (excluding crops intended for grazing), due in whole or in part, to a qualifying disaster event that occurred in the 2020 or 2021 calendar year.
The ERP Phase Two deadline July 14, 2023.
Emergency Relief Program Phase 2 Fact Sheet
Emergency Relief Program Phase 2 Mythbusters
ERP Phase Two Application Video Tutorial
View Factsheet for DAFP approved eligible crops.
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:
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 Prepare
The ERP Phase Two deadline July 14, 2023. This phase of the program uses revenue information that is readily available from most tax records. FSA encourages producers to have their tax documents from the past few years and supporting materials ready, as explained below.
Producers should also have, or be prepared to have, the following forms on file for ERP program participation:
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 FSA at their local USDA Service Center.
In addition to the forms listed above, underserved producers are encouraged to register their status with FSA, using Form CCC-860, Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification, as certain existing permanent and ad-hoc disaster programs provide increased benefits or reduced fees and premiums.
Payments
2020 Program Year Payments: The gross payment calculation is as follows for specialty and high value crops and other crops. The same calculation will be completed separately according to the producer’s certified percentage breakdown of expected disaster year revenue for the two crop categories:
Benchmark Revenue (2018, 2019, or adjusted), multiplied by
Note: The ERP Phase 1 gross payment, CFAP 1 net payment, CFAP 2 net payment, 2020 WHIP+ net payment, and 2020 QLA net payment will be automatically reduced in the automated software for the 2020 Program Year Payments.
2021 Program Year Payments:
The gross payment calculation is as follows for specialty and high value crops and other crops. The same calculation will be completed separately according to the producer’s certified percentage breakdown of expected disaster year revenue for the two crop categories:
Notes: The ERP Phase 1 gross payments will be automatically reduced in the automated software.
All payments are subject to a maximum initial payment that will be applicable through signup, equal to the lesser of the:
If a producer received an ERP Phase 1 payment, the gross payment amount will be deducted from the initial payment.
If a producer received an ERP Phase 1 payment of $2,000 or more, the producer will not receive an initial Phase 2 payment.
*** ERP factor, subject to change based on the availability of funds.
To determine allowable gross revenue, see the table on the ERP Phase 2 fact sheet.
Payment Limitation and Adjusted Gross Income
The payment limitation for ERP Phase 2 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:
The relevant tax years for establishing a producer’s AGI and percentage derived from farming, ranching, or forestry related activities are:
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 2 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.
Forms and Instructions
FSA-521, ERP Phase 2 Application
FSA-521-A, ERP Phase 2 Allowable Gross Revenue Worksheet
FSA-522, Crop Insurance and/or NAP Coverage Agreement
FSA-521-A Continuation
Instructions for FSA-521
Instructions For FSA-521-A
Instructions For FSA-522
Emergency Relief Program (ERP) – 2022 Losses
ERP 2022 will provide assistance to crop producers who sustained losses due to a qualifying natural disaster event in calendar year 2022.
FSA will provide assistance through two tracks:
How to Apply
In October, FSA will send pre-filled Emergency Relief Program (ERP 2022) applications directly to producers who suffered 2022 crop losses due to wildfires, droughts, hurricanes, winter storms and other eligible natural disaster events. Funding for ERP 2022 is limited and significantly less than estimated losses. To ensure the fair, equitable and efficient delivery of program benefits to help as many disaster-impacted producers as possible, with the limited funds available, FSA has designed program payment factors to ensure payment outlays stay within statutory funding levels.
To participate in ERP for 2022 losses, crop producers should have or be prepared to have the following forms on file with FSA:
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 FSA at their local USDA Service Center.
In addition to the forms listed above, underserved producers are encouraged to register their status with FSA, using Form CCC-860, Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification, as certain existing permanent and ad-hoc disaster programs provide increased benefits or reduced fees and premiums.
Crop producers who have federal crop insurance coverage should ensure that information on file with their insurance agent is accurate and that any pending activities needed to file loss claims for 2022 losses are addressed as soon as possible.
Emergency Livestock Relief Program – 2022 Losses
ELRP 2022 will provide assistance to livestock producers for losses incurred due to drought or wildfire in calendar year 2022.
For impacted ranchers, USDA will leverage FSA’s Livestock Forage Disaster Program (LFP) data to deliver ELRP assistance for increases in supplemental feed costs in 2022.
Who is Eligible?
To be eligible for an ELRP payment, livestock producers must have suffered grazing losses in a county 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 2022 calendar year and have applied and been approved for 2022 LFP.
Additionally, producers whose permitted grazing on federally managed lands was disallowed due to wildfire are also eligible for ELRP payments if they applied and were approved for 2022 LFP.
How to Prepare
To participate in ELRP for 2022 losses, livestock producers should have or be prepared to have the following forms on file with FSA:
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 FSA at their local USDA Service Center.
In addition to the forms listed above, underserved producers are encouraged to register their status with FSA, using Form CCC-860, Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification, as certain existing permanent and ad-hoc disaster programs provide increased benefits or reduced fees and premiums.
In a continued effort to streamline and simplify the delivery of ELRP benefits, producers will not be required to apply for payment.
On-Farm Stored Commodities
Assistance for on-farm stored commodities is provided through ERP Phase Two for 2020 and 2021 losses.
Milk Loss Program (MLP)
The Milk Loss Program allows eligible dairy operations to receive payments for milk that was dumped or removed without compensation from the commercial milk market due to qualifying weather events that inhibited the delivery of milk or the storage of milk due to disaster events for the 2020, 2021 and 2022 calendar years.
The deadline to apply for MLP is Oct. 16, 2023.
Eligibility
MLP compensates dairy operations for milk that was dumped or removed, without compensation, from the commercial milk market due to qualifying weather events and the consequences of those weather events that inhibited delivery or storage of milk (e.g., power outages, impassable roads, infrastructure losses, etc.) during calendar years 2020, 2021 and 2022.
Qualifying disaster events include droughts, wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex) and smoke exposure that occurred in the 2020, 2021 and 2022 calendar years. Tornadoes are considered a qualifying disaster event for calendar year 2022 only.
The milk loss claim period is each calendar month that milk was dumped or removed from the commercial market. Each MLP application covers the loss in a single calendar month. Milk loss that occurs in more than one calendar month due to the same qualifying weather event requires a separate application for each month.
The days that are eligible for assistance begin on the date the milk was removed or dumped and for concurrent days milk was removed or dumped. Once the dairy operation restarts milk marketing, the dairy operation is ineligible for assistance unless after restarting commercial milk marketing, additional milk is dumped due to the same qualifying disaster event. The duration of yearly claims is limited to 30 days per year for 2020, 2021 and 2022.
How to Apply
To apply for MLP, producers must submit all of the following:
If not previously filed with FSA, applicants must also submit all the following items within 60 days of the MLP application deadline:
Payments
The final MLP payment is determined by factoring the MLP payment calculation by the applicable MLP payment percentage. The calculation for determining MLP payment is:
For MLP payment calculations, the milk loss base period is the first full month of production before the dumping or removal occurred.
The MLP payment percentage will be 90% for underserved producers, including beginning, limited resource, and veteran farmers and ranchers and 75% for all other producers.
To qualify for the 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 applicable program year.
Payment Limitation and Adjusted Gross Income
Adjusted Gross Income (AGI) limitations do not apply to MLP, however the payment limitation for MLP 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 MLP if their average adjusted gross farm income is less than 75% of their average AGI or more than $250,000 if their adjusted gross farm income is at least 75% of their average AGI.
The relevant tax years for establishing a producer’s AGI are:
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 MLP 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 web page.
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.
News
USDA to Begin Issuing $1.75 Billion to Agricultural Producers Through Critical Emergency Relief Programs (9-27-23)
USDA Announces Milk Loss Assistance for Dairy Operations Impacted by 2020, 2021 and 2022 Disaster Events (9-11-23)
USDA Announces Corrections to Emergency Relief Program Policy to More Accurately Reflect 2020 and 2021 Natural Disaster Impacts on Crops Intended for On-Farm Use (6-14-22)
USDA Extends Application Deadline for Revenue Loss Programs to July 14 (5-26-23)
USDA Previews Emergency Relief Assistance for Agricultural Producers Who Incurred Losses Due to 2022 Natural Disaster Events (5-19-23)
ERP Phase Two Application Video Tutorial
Myth-Busting FSA’s New Revenue-Based Disaster and Pandemic Assistance Programs (4-20-23)
Rolling Out Revenue Based Disaster and Pandemic Assistance Programs (1-23-23)
USDA Previews Crop and Revenue Loss Assistance for Agricultural Producers (11-15-22)
Deadline Extended and More Pre-Filled Forms For 2020 and 2021 Disasters on the Way (7-27-22)
USDA Has Issued More Than $4 Billion in Emergency Relief Program Payments to Date (6-29-22)
Blog - Top 6 Emergency Relief Program Checklist Items for Eligible Farmers (5-25-22)
USDA to Provide Payments to Livestock Producers Impacted by Drought or Wildfire (3-31-22)