Zach ducheneaux

USDA expands eligibility and improves benefits of major disaster programs

Zach Ducheneaux | Department of Agriculture

The United States Department of Agriculture ( USDA, updated several conservation disaster assistance programs, livestock and crops to give more farmers, ranchers and tribes the opportunity to request and access programs that support recovery after natural disasters.  Specifically, the USDA Agricultural Services Agency ( FSA ) expanded eligibility and improved the benefits available for a set of its programs. These updates will provide critical support to producers who need to rebuild and recover after suffering catastrophic losses in production and infrastructure due to natural disasters.

The FSA has updated the following programs: The Emergency Conservation Program ( ECP, ), the Emergency Forest Restoration Program ( EFRP, ), the Emergency Assistance Program for Livestock and Breeding Animals, Meliferous Bees and Farm Bred Fish ( ELAP, for its acronym in English ), the Forage Program for Livestock and Disaster Breeding Animals ( LFP, the Compensation Program for Livestock and Breeding Animals ) LIP, ) and the Disaster Assistance Program for Uninsured Crops ( QNAP, for its acronym in English ).   

"As I meet with producers across the country, I have gained a better understanding of the ways our programs work - and the ways they can be improved to better support all producers, especially those who are working to rebuild their operations after a disaster, "said FSA administrator Zach Ducheneaux. "This set of updates to our disaster relief programs reflects the FSA's commitment to listen to producers and respond to their needs whenever we have the authority to do so. We are confident that these changes will increase both the accessibility and effectiveness of our disaster relief programs, in line with our goal of incorporating equity into the fabric of our work at the FSA." 

Updates on Conservation Disaster Assistance 

The FSA updated the ECP to: 

  • Give producers who lease land owned or managed by the federal, including tribal trust land, as well as state land, the opportunity to participate.
  • Provide advance payments of up to 25% of cost for all ECP practices before restoration takes place, an option that was previously only available for repair or replacement of fences. The payment of shared costs must be spent within 60 days.  

In addition, Congress also authorized the federal government to pay 100% of the cost of the ECP and the EFRP for damages associated with the Hermit's Peak / Calf Canyon fire in New Mexico. This fire burned more than 340,000 acres between April 2022 and June 2022 and was the largest forest fire recorded in New Mexico history. ECP and EFRP cost sharing assistance typically has a 75% limit%.  This 100% policy change on cost sharing applies only to locations affected by the Hermit's Peak / Calf Canyon fire. 

The ECP and EFRP provide financial and technical assistance to restore conservation practices such as fences, farmland, or damaged forests. 

Updates on livestock disaster assistance 

The FSA also expanded eligible livestock under the ELAP, LFP, and LIP assistance programs. Specifically, horses kept on eligible grazing land are eligible for ELAP, LFP, and LIP. Many family farms and ranches use their fodder to raise horses to increase their other agricultural activities. The FSA recognizes that animals kept in a commercial agricultural operation add value to the operation and may be available for marketing from the farm. FSA regulations have been updated to include these animals as eligible livestock  

Horses and other animals used or intended to be used for racing and betting remain ineligible. 

Ostriches are now also eligible for the LFP and ELAP programs. The FSA makes this change because ostriches meet more than 50% of its net energy needs by consuming growing forage herbs and legumes and are therefore considered "grazing animals". 

This change for ostriches is effective for the 2022 program year for both the LFP and ELAP. ELAP requires that a loss notification be submitted to the FSA within 30 days from the time the loss became apparent.  Since this deadline may have expired by 2022, the FSA extends the deadline for submitting loss notifications until March 31, 2023. 

The LIP and ELAP reimburse producers a part of the value of the cattle, poultry and other animals that died as a result of a qualified natural disaster or from the loss of grazing, food and forage acres. The LFP provides benefits from pasture losses due to drought and admissible forest fires on land managed by the federal government.  

Disaster assistance for uninsured crops

NAP provides financial assistance to producers of uninsurable crops when low yields, loss of inventory, or impediment to planting occur due to natural disasters. NAP basic coverage equals the catastrophic level risk protection plan for insurance coverage, which is based on the amount of the loss that exceeds 50% of the planned production at 55% of the average price of the cultivation market.  

Previously, in order to opt for NAP coverage, the producer had to submit a ( CCC-471 ) application for NAP coverage on or before the application submission deadline. By 2022, if a producer has a Certification of Socially Disadvantaged Farmer or Rancher, Limited Resources, Beginner and Veteran ( Form CCC-860 ) in the FSA files, This will serve as a basic coverage request for all eligible crops that have a 2022 application closing date and these producers will be exempted from all related service fees with NAP for basic coverage.  

The FSA will notify all eligible producers who have already filed the CCC-860 certification form of their eligibility for basic NAP coverage by 2022. To potentially receive help from NAP, Producers who suffered losses due to natural disasters in 2022 must submit an acre report as well as a loss notification to the FSA at their local Service Center.  

Producers interested in obtaining NAP coverage for 2023 and beyond should also contact their local FSA county office for information on the eligibility, coverage options and coverage request.  

Loss notification 

Producers affected by a natural disaster must report loss and damage and apply to their FSA County Office. The deadlines for reporting losses and requesting payments differ by program.  

For LIP and ELAP, producers will have to present a notice of loss due to loss of livestock and grazing or loss of food within 30 days and loss of honey bees within a period 15 days. For the LFP, Producers must submit a completed payment request and required supporting documentation to their FSA office within 30 calendar days after the end of the calendar year in the one that caused the loss of grazing.

For the NAP, Producers should contact their local FSA office for guidelines on filing a loss notification and filing an acre certification.

More information  

Updates to these programs build on other efforts by the Biden-Harris administration to improve disaster assistance programs, including greater flexibility to obtain basic coverage of the Disaster Assistance Program for Uninsured Crops ( QNAP ) for socially disadvantaged farmers and ranchers, beginners, limited resources and veterans.    

Previous ELAP improvements provide program benefits to fish producers raised for food and other aquaculture species, in addition to covering above-normal expenses for the transport of livestock to forage and grazing areas and the transportation of food for livestock affected by skilled drought. And previous updates to the LIP payout percentages better reflect the true market value of non-adult animals of the beef, buffalo, bison, and dairy beef species.  

Yesterday, the FSA announced that it would begin accepting applications for phase two of the Emergency Assistance Program ( ERP, ) and the new Pandemic Assistance Income Program ( PARP, for its acronym in English ) from January 23, 2023 to June 2, 2023. Phase two of the ERP program is designed to cover deficiencies in the delivery of unmet program benefits in phase one of ERP and improve equity in delivery of the program to disadvantaged producers.  The PARP will help manage the shortcomings of pre-pandemic assistance, which was aimed at price loss or lack of market access, instead of loss of income in general.

Additional resources 

At farmers.gov, the Disaster Assistance Search Tool, the Fact Sheet A Look at USDA Disaster Assistance Programs and the Agricultural Loan Finder They can help producers and owners determine program or loan options. To obtain assistance in claiming crop insurance, producers and owners should contact their crop insurance agent. For FSA and Natural Resources Conservation Service programs, contact the Nearest USDA Service Center.

The USDA touches the lives of all Americans every day in many positive ways. In the Biden-Harris administration, the USDA is transforming the United States food system with a greater focus on the production of stronger local and regional food, fairer markets for all producers, guaranteeing access to safe, healthy and nutritious food in all communities, building new markets and income streams for farmers and producers using climate-smart food and forest practices, making historic investments in infrastructure and clean energy capabilities in rural United States,and committing to equity across the Department by removing systemic barriers and building a more representative workforce in the United States. For more information, visit usda.gov.

USDA is an equal opportunity provider, employer and lender.

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