Emergency Relief

ERP 2022 Track 1 will provide assistance to producers who were impacted by wildfires, droughts, hurricanes, winter storms, and other eligible disasters experienced during calendar year 2022 using existing Federal Crop Insurance or Noninsured Crop Disaster Assistance Program (NAP) data already submitted to FSA.

ERP 2022 Track 1 Fact sheet

How to Determine Crop Value For Eligible Crops, Including Crops Not Sold

Who is Eligible?

Eligible crops and trees included in Track 1, include crops and trees for which federal crop insurance or NAP coverage was available and a crop insurance indemnity or NAP payment was received, except for crops intended for grazing. 

Qualifying natural disaster events include: wildfires, tornadoes, hurricanes, floods, derechos, excessive heat, winter storms, freeze, smoke exposure, excessive moisture, qualifying drought, and related conditions.

For ERP 2022 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 adirect result of flooding; 
• Excessive wind, storm surges, 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 winterstorm.

For “qualifying drought”, ERP 2022 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 drought intensity of: 

• D2 (severe drought) for eight consecutive weeks; or 
• D3 (extreme drought) or higher level of drought intensity.

2022 Drought Counties Eligible for ERP 2022

How to Apply

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:   

• 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.   

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. 

Payments

RMA and FSA will calculate ERP 2022 Track 1 payments for insured crops based on the data on file with the agencies at the time of calculation. RMA and FSA will calculate each producer’s loss consistent with the loss procedures for the type and level of coverage purchased but using the ERP 2022 program factor in lieu of the coverage level obtained by the producer. This calculated amount would then be adjusted by progressive payment factoring for RMA insured payments, weighted to the crop by the Estimated ERP 2022 Payment (prior to adjustments) to determine if it is specialty and non-specialty.

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

Payment Limitation and Adjusted Gross Income

The payment limitation for ERP 2022 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 non-specialty & all other crops under ERP 2022 (for Track 1 and Track 2 combined) for program year 2022, if their average adjusted gross 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 farm income (income derived from farming, ranching, and forestry related activities) 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 program year 2022 for specialty crops/high-value; and
• $250,000 for program year for 2022 for all other crops.

The relevant tax years for establishing a producer’s AGI and percentage of farm income for program year 2022 are: 2018, 2019, and 2020.

To request the increased payment limitation, participants must file form FSA-510 certifying their average adjusted gross farm income is at least 75% of their average AGI, accompanied by a certification from a certified public accountant (CPA) or attorney that the participant meets the requirements. If the participant is an entity and files the FSA-510, the payment limitation for the entity may increase, however if the members of the entity do not file FSA-510s, their payment limitation will remain at $125,000, and the payments for the entity will be reduced accordingly. For more information, contact your local FSA service center.

Future Insurance Coverage Requirements  

All producers who receive ERP 2022 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 the 60/100 coverage level or higher for insured crops or at the catastrophic coverage level or higher for NAP crops.

ERP 2022 Track 2 is a revenue-based certification program designed to assist producers who suffered a loss in revenue resulting from 2022 calendar year disaster events when compared with revenue in a benchmark year.

The revenue-based track provides an alternative method to establish revenue in cases where there has been a change to operation capacity, circumstances where revenue does not reasonably reflect a normal year’s revenue, or for crops that are used within the operation and do not generate revenue from the sale of the crop.

ERP 2022 Track 2 Fact Sheet 

Determining crop value for approved crops that do not have revenue from sales

Determining crop value for crops not sold, using the expected revenue option

Who is Eligible?

Qualifying disaster event means: wildfires, hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, qualifying drought, and related conditions occurring in calendar year 2022.

For ERP 2022 eligibility, “related conditions” means damaging weather and adverse natural occurrences that occurred concurrently with and as a direct result of a specified qualifying disaster event.

For “qualifying drought”, ERP 2022 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 drought intensity of:

• D2 (severe drought) for eight consecutive weeks; or
• D3 (extreme drought) or higher level of drought intensity.

2022 Drought Counties Eligible for ERP 2022 

How to Apply

Producers applying for Track 2 must submit FSA-524, Emergency Relief Program (ERP) 2022 Track 2 Application, certifying their benchmark year revenue and disaster year revenue.

Although not required when applying for ERP 2022 Track 2, applicants might find the following documents useful to the process: 

• Schedule F (Form 1040)
• Profit or Loss from Farming or similar tax documents for tax years 2018, 2019, 2022 and 2023.

To participate in ERP for 2022 losses, crop producers should have or be prepared to have the following forms on file with FSA:   

• 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.  

Payments

To determine a producer’s Track 2 payment amount, FSA will calculate:

1. The producer’s benchmark year revenue, multiplied by the ERP factor of 90 percent if all acres of all eligible crops were covered by Federal crop insurance or NAP, or 70 percent if not all acres of all eligible crops were covered by Federal crop insurance or NAP;
2. Minus the producer’s disaster year revenue;
3. Minus the sum of the producer’s gross Track 1 payments.

After performing the calculation described above, progressive factoring will be applied to the calculated amount, which can be found in the ERP 2022 Track 2 fact sheet .

For underserved producers, the sum of the results will be multiplied by a factor of 115 percent, and the underserved producer’s calculated Track 2 payment will be equal to the lesser of the resulting amount or the amount calculated after step 3 above. For all other eligible producers, the sum of the results for each range will be the calculated Track 2 payment.

FSA will multiply that amount by the percentage of the expected disaster year revenue for specialty and high value crops or other crops, as applicable, to determine the amounts that will apply to the payment limitations for specialty and high value crops (combined) and other crops.

FSA will apply a final payment factor of 75 percent to all calculated Track 2 payments, including payments to underserved producers, to ensure payments do not exceed available funding. If a producer receives a Track 1 payment after their Track 2 payment is calculated, the producer’s Track 2 payment will be recalculated, and the producer must refund any resulting overpayment.

To determine allowable gross revenue, see the table on the ERP 2022 Track 2 fact sheet .  

Payment Limitation and Adjusted Gross Income

The payment limitation for ERP 2022 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 non-specialty & all other crops under ERP 2022 (for Track 1 and Track 2 combined) for program year 2022, if their average adjusted gross farm income is less than 75 percent of their average AGI the three taxable years preceding the most immediately preceding complete tax year.

Independent payment limitations for non-specialty/other crops and specialty/high value crops will remain, however only program year 2022 will be applicable for ERP Track 2.

Since separate payment limitations apply to payments for specialty and high value crops and other crops, for both the Tax Year Option and the Expected Revenue Option, producers must certify to the percentage of their disaster year revenue that they expected to receive from specialty and high value crops and the percentage from other crops.

The percentages must be based on what the producer would have reasonably expected to receive for each category in the disaster year if the qualifying disaster event had not occurred.

If at least 75 percent of the person or legal entity’s average AGI is farm income (income derived from farming, ranching, and forestry related activities) 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 program year 2022 for specialty crops/high-value; and
• $250,000 for program year for 2022 for all other crops.

The relevant tax years for establishing a producer’s AGI and percentage of farm income for program year 2022 are: 2018, 2019, and 2020.

To request the increased payment limitation, participants must file form FSA-510 certifying their average adjusted gross farm income is at least 75% of their average AGI, accompanied by a certification from a certified public accountant (CPA) or attorney that the participant meets the requirements. If the participant is an entity and files the FSA-510, the payment limitation for the entity may increase, however if the members of the entity do not file FSA-510s, their payment limitation will remain at $125,000, and the payments for the entity will be reduced accordingly. For more information, contact your local FSA service center.

Future Insurance Coverage Requirements  

All producers who receive ERP 2022 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 the 60/100 coverage level or higher for insured crops or at the catastrophic coverage level or higher for NAP crops.  

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.

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.

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.