Emergency Relief

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.

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.

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.     

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.

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.

Enrollment opens for ERP Phase Two on Jan. 23, 2023 and runs through June 2, 2023..

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 Prepare

ERP Phase 2 enrollment opens Jan. 23, 2023 and runs through June 2, 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.

• Schedule F (Form 1040); and 
• Profit or Loss from Farming or similar tax documents for tax years 2018, 2019, 2020, 2021 and 2022 for ERP and for calendar years 2018, 2019 and 2020 for PARP.   

Producers should also have, or be prepared to have, the following forms on file for ERP program participation:  

• Form AD-2047, Customer Data Worksheet (as applicable to the program participant);  
• 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.  

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

• ***ERP Factor 70%, minus
• Disaster Year Revenue (2020 or 2021), minus
• 2020 ERP Phase 1 Gross Payment (Specialty and Non-Specialty), minus
• CFAP 1 Net Payment, minus
• CFAP 2 Net Payment (excluding contract producers), minus
• 2020 WHIP+ Net Payments, minus
• 2020 QLA Net Payments, multiplied by
• % of Expected Revenue Specialty/High Value, (separate calculation for Other Crops), equals
• Gross Calculated Payment.

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:

• Benchmark Revenue (2018, 2019, or adjusted), multiplied by
• ***ERP Factor 70%, minus
• Disaster Year Revenue (2021 or 2022), minus
• 2021 ERP Phase 1 Gross Payment (Specialty and Non-Specialty), minus
• 2022 ERP Phase 1 Gross Payment (Specialty and Non-Specialty), multiplied by
• % of Expected Revenue Specialty/High Value, (separate calculation for Other Crops), equals
• Gross Calculated Payment.

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: 

• calculated payment, or the
• maximum initial payment of $2,000 minus gross ERP Phase 1 payments.

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:

• $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 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.

FSA recently announced the Pandemic Assistance Revenue Program (PARP), another revenue-based program. This fact sheet provides a side-by-side reference  for both ERP Phase Two and PARP.