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The U. S Department of Agriculture (USDA) announced that commodity and specialty crop producers impacted by natural disaster events in 2020 and 2021 will soon begin receiving emergency relief payments totaling approximately $6 billion through the Farm Service Agency’s (FSA) new Emergency Relief Program (ERP) to offset crop yield and value losses.
Background
On September 30, 2021, President Biden signed into law the Extending Government Funding and Delivering Emergency Assistance Act (P.L. 117-43), which includes $10 billion in assistance to agricultural producers impacted by wildfires, droughts, hurricanes, winter storms, and other eligible disasters experienced during calendar years 2020 and 2021. FSA recently made payments to ranchers impacted by drought and wildfire through the first phase of the Emergency Livestock Relief Program (ELRP). ERP is another relief component of the Act.
For impacted producers, existing Federal Crop Insurance or Noninsured Crop Disaster Assistance Program (NAP) data is the basis for calculating initial payments. USDA estimates that phase one ERP benefits will reach more than 220,000 producers who received indemnities for losses covered by federal crop insurance and more than 4,000 producers who obtained NAP coverage for 2020 and 2021 crop losses.
ERP Eligibility – Phase One
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 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 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.
Lists of 2020 and 2021 drought counties eligible for ERP is available on the emergency relief website.
To streamline and simplify the delivery of ERP phase one benefits, FSA will send pre-filled application forms to producers where crop insurance and NAP data are already on file. This form includes eligibility requirements, outlines the application process and provides ERP payment calculations. Producers will receive a separate application form for each program year in which an eligible loss occurred. Receipt of a pre-filled application is not confirmation that a producer is eligible to receive an ERP phase one payment.
Additionally, producers must have the following forms on file with FSA within 60 days of the ERP phase one deadline, which will later be announced 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).
- Form FSA-510, Request for an Exception to the $125,000 Payment Limitation for Certain Programs (if applicable).
- Form CCC-860, Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification, if applicable, for the 2021 program year.
- A highly erodible land conservation (sometimes referred to as HELC) and wetland conservation certification (Form AD-1026 Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification) for the ERP 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 the status of their forms can contact their local FSA county office.
ERP Payment Calculations – Phase One
For crops covered by crop insurance, the ERP phase one payment calculation for a crop and unit will depend on the type and level of coverage obtained by the producer. Each calculation will use an ERP factor based on the producer’s level of crop insurance or NAP coverage.
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Crop Insurance – the ERP factor is 75% to 95% depending on the level of coverage ranging from catastrophic to at least 80% coverage.
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NAP – the ERP factor is 75% to 95% depending on the level of coverage ranging from catastrophic to 65% coverage.
Full ERP payment calculation factor tables are available on the emergency relief website and in the program fact sheet.
Applying ERP factors ensures that payments to producers do not exceed available funding and that cumulative payments do not exceed 90% of losses for all producers as required by the Act. Also, there will be certain payment calculation considerations for area plans under crop insurance policies.
The ERP payment percentage for historically underserved producers, including beginning, limited resource, socially disadvantaged, 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 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.
Because the amount of loss due to a qualifying disaster event in calendar years 2020 and 2021 cannot be separated from the amount of loss caused by other eligible causes of loss as defined by the applicable crop insurance or NAP policy, the ERP phase one payment will be calculated based on the producer’s loss due to all eligible causes of loss.
Future Insurance Coverage Requirements
All producers who receive ERP phase one payments, including those receiving a payment based on crop, tree, bush, or vine insurance policies, are statutorily required to purchase crop insurance, or NAP coverage where crop insurance is not available, for the next two available crop years, as determined by the Secretary. Participants must obtain crop insurance or NAP, as may be applicable:
- At a coverage level equal to or greater than 60% for insurable crops; or
- At the catastrophic level or higher for NAP crops.
Coverage requirements 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.
Emergency Relief – Phase Two (Crop and Livestock Producers)
Today’s announcement is only phase one of relief for commodity and specialty crop producers. Making the initial payments using existing safety net and risk management data will both speed implementation and further encourage participation in these permanent programs, such as Federal crop insurance, as Congress intended.
The second phase of both ERP and ELRP programs will fill gaps and cover producers who did not participate in or receive payments through the existing programs that are being leveraged for phase one implementation. When phase one payment processing is complete, the remaining funds will be used to cover gaps identified under phase two.
Through proactive communication and outreach, USDA will keep producers and stakeholders informed as program details are made available. More information on ERP can be found in the Notice of Funding Availability.
Additional Commodity Loss Assistance
The Milk Loss Program and On-Farm Stored Commodity Loss Program are also funded through the Extending Government Funding and Delivering Emergency Assistance Act and will be announced in a future rule in the Federal Register.
More Information
Additional USDA disaster assistance information can be found on farmers.gov, including the Disaster Assistance Discovery Tool, Disaster-at-a-Glance fact sheet, and Farm Loan Discovery Tool. For FSA and Natural Resources Conservation Service programs, producers should contact their local USDA Service Center. For assistance with a crop insurance claim, producers and landowners should contact their crop insurance agent.
USDA Announces Additional Flexibilities to Help Address Threats to Global Food Security
The U.S. Department of Agriculture (USDA) will allow Conservation Reserve Program (CRP) participants who are in the final year of their CRP contract to request voluntary termination of their CRP contract following the end of the primary nesting season for fiscal year 2022. Participants approved for this one-time, voluntary termination will not have to repay rental payments, a flexibility implemented this year to help mitigate the global food supply challenges caused by the Russian invasion of Ukraine and other factors. Today, USDA also announced additional flexibilities for the Environmental Quality Incentives Program (EQIP) and Conservation Stewardship Program (CSP).
“Putin’s unjustified invasion of Ukraine has cut off a critical source of wheat, corn, barley, oilseeds, and cooking oil, and we’ve heard from many producers who want to better understand their options to help respond to global food needs,” said Jon Wyss, USDA’s Farm Service Agency State Executive Director in Washington. “This announcement will help producers make informed decisions about land use and conservation options.”
FSA is mailing letters to producers with expiring acres that detail this flexibility and share other options, such as re-enrolling sensitive acres in the CRP Continuous signup and considering growing organic crops. Producers will be asked to make the request for voluntary termination in writing through their local USDA Service Center.
If approved for voluntary termination, preparations can occur after the conclusion of the primary nesting season. Producers will then be able to hay, graze, begin land preparation activities and plant a fall-seeded crop before October 1, 2022. For land in colder climates, this flexibility may allow for better establishment of a winter wheat crop or better prepare the land for spring planting.
Organic Considerations
Since CRP land typically does not have a recent history of pesticide or herbicide application, USDA is encouraging producers to consider organic production. USDA’s Natural Resources Conservation Service (NRCS) provides technical and financial assistance to help producers plan and implement conservation practices, including those that work well for organic operations, such as pest management and mulching. Meanwhile, FSA offers cost-share for certification costs and other fees.
Other CRP Options
Participants can also choose to enroll all or part of their expiring acres into the Continuous CRP signup for 2022. Important conservation benefits may still be achieved by re-enrolling sensitive acres such as buffers or wetlands. Expiring water quality practices such as filter strips, grass waterways, and riparian buffers may be eligible to be reenrolled under the Clean Lakes, Estuaries, and Rivers (CLEAR) and CLEAR 30 options under CRP. Additionally, expiring continuous CRP practices such as shelterbelts, field windbreaks, and other buffer practices may also be re-enrolled to provide benefits for organic farming operations.
If producers are not planning to farm the land from their expiring CRP contract, the Transition Incentives Program (TIP) may also provide them two additional annual rental payments after their contract expires on the condition that they sell or rent their land to a beginning or veteran farmer or rancher or a member of a socially disadvantaged group.
Producers interested in the Continuous CRP signup, CLEAR 30, or TIP should contact FSA by Aug. 5, 2022.
NRCS Conservation Programs
USDA also encourages producers to consider NRCS conservation programs, which help producers integrate conservation on croplands, grazing lands and other agricultural landscapes. EQIP and CSP can help producers plant cover crops, manage nutrients and improve irrigation and grazing systems. Additionally, the Agricultural Conservation Easement Program (ACEP), or state or private easement programs, may be such an option. In many cases, a combination of approaches can be taken on the same parcel. For example, riparian areas or other sensitive parts of a parcel may be enrolled in continuous CRP and the remaining land that is returned to farming can participate in CSP or EQIP and may be eligible to receive additional ranking points.
Other Flexibilities to Support Conservation
Additionally, NRCS is also offering a new flexibility for EQIP and CSP participants who have cover cropping including in their existing contracts. NRCS will allow participants to either modify their plans to plant a cover crop (and instead shift to a conservation crop rotation) or delay their cover crop plans a year, without needing to terminate the existing contract. This will allow for flexibility to respond to market signals while still ensuring the conservation benefits through NRCS financial and technical assistance for participating producers.
More Information
Producers and landowners can learn more about these options by contacting FSA and NRCS at their local USDA Service Center.
USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris Administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to safe, healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit usda.gov.
Agricultural producers and handlers who are certified organic, along with producers and handlers who are transitioning to organic production, can now apply for the U.S. Department of Agriculture’s (USDA) Organic and Transitional Education and Certification Program (OTECP) and Organic Certification Cost Share Program (OCCSP), which help producers and handlers cover the cost of organic certification, along with other related expenses. Applications for OTECP and OCCSP are both due October 31, 2022.
Cost Share for 2022
OTECP covers:
- Certification costs for organic producers and handlers (25% up to $250 per category).
- Eligible expenses for transitional producers, including fees for pre-certification inspections and development of an organic system plan (75% up to $750).
- Registration fees for educational events (75% up to $200).
- Soil testing (75% up to $100).
Meanwhile, OCCSP covers 50% or up to $500 per category of certification costs in 2022. In the state of Washington, OCCSP can provide cost share under the following categories: crops, wild crops, livestock, and processing/handling.
Producers can receive cost share through both OTECP and OCCSP. Both OTECP and OCCSP cover costs incurred from October 1, 2021 to September 30, 2022. OCCSP provides cost share assistance to producers and handlers of agricultural products for the costs of obtaining or maintaining organic certification under the USDA’s National Organic Program. Eligible expenses for cost share reimbursement under OCCSP include application fees, inspection costs, fees related to equivalency agreement and arrangement requirements, travel expenses for inspectors, user fees, sales assessments and postage. Itemized invoices documenting paid eligible expenses are required to be submitted as part of an acceptable application packet for OCCSP and may be requested for OTECP applications. Producers have until October 31, 2022 to file OTECP and OCCSP applications. FSA will process payments as completed application packets are received.
How to Apply
To apply, producers and handlers should contact the Farm Service Agency (FSA) at their local county FSA office. As part of completing the OCCSP applications, producers and handlers will need to provide documentation of their organic certification and eligible expenses. Organic producers and handlers may also apply for OCCSP through participating State agencies.
Additional details can be found on the OTECP and OCCSP webpages.
Opportunity for State Agencies
FSA is accepting applications for State agencies to administer OCCSP through July 18, 2022. If a State department of agriculture chooses to participate in OCCSP, both the State department of agriculture and FSA County Offices in that State will accept OCCSP applications and make payments to eligible certified operations. However, the producer or handler may only receive OCCSP assistance by either FSA or the participating State department of agriculture.
Producers and handlers certified organic by Washington State Department of Agriculture (WSDA) may receive OCCSP cost share reimbursement funding through WSDA later in the year. If cost share is paid through WSDA, producers and handles are not eligible to receive duplicate OCCSP reimbursement from USDA-FSA. If a producer has an organic operation certified by WSDA and does not receive reimbursement through WSDA, the producer can apply for OCCSP through FSA. Additional documentation may be required to verify that a duplicate payment was not processed through WSDA. OTECP funding available is not available to state agencies like WSDA. All OTECP applications must be received and processed through FSA.
Weather can be unpredictable and harmful to crops. If weather events cause damage to or loss of your NAP covered crops, remember that you must report this to your local FSA county office timely in order to be eligible for a NAP benefit.
NAP notices of loss can be initiated by phone, email, or fax, but must be submitted in writing, to your local FSA county office for weather related events or adverse natural occurrences that cause damage to or loss of the NAP covered crop. To report crop damage or loss you must complete, sign, and file the loss portion of form CCC-576 with your FSA office by the earlier of either of the following:
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15 calendar days after the disaster occurrence or date of loss or damage to the crop or commodity first becomes apparent or
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15 calendar days after the normal harvest date.
Please note, producers of hand-harvested crops and certain perishable crops must notify FSA within 72 hours of when a loss becomes apparent.
FSA county offices can take initial NAP notice of loss notifications via phone, email, or fax. Offices will assist producers in completing the official CCC-576 Notice of Loss form as best as possible, sending the form to producers via email, fax, or mail for final review and signature. The completed and signed CCC-576 should then be returned to the county office as soon as possible via email, fax, or mail. A CCC-576 is not considered filed until it has been signed and returned to FSA.
As the 2022 crop year progresses, it is imperative that a notice of loss is filed (for all affected NAP covered crops) within the timeframe noted above for each weather-related event or adverse natural occurrence. This will ensure FSA is notified that your NAP covered crop or crops have been damaged or lost. If the loss event is approved, remember to provide your crop production to your local FSA county office within 60 days after harvest or request an appraisal within 60 days of the normal harvest date so that the payment portion of form CCC-576 can be filed timely.
When a covered crop is lost or damage is significant, replanting is required if feasible and the final planting date has not passed. When you determine that a NAP covered crop will be destroyed, abandoned, or not taken to harvest as intended, you must report this to your local FSA office as soon as possible so a field visit can be conducted by a certified loss adjuster. Once the crop appraisal has been completed, the loss adjuster will release the field and you can destroy the covered crop acres and replant to a different crop or harvest the acres for a different use.
Remember, failure to timely notify your FSA county office of NAP covered crop damage or loss will result in denial of NAP payment benefits. Destroying NAP covered crop acres or harvesting for a different use without a loss adjuster appraisal will result in those acres being determined ineligible for NAP payment benefits.
If you have any questions about NAP policy requirements, contact your local county FSA office for more information.
Wool producers may be eligible for Loan Deficiency Payments (LDP) through the Farm Service Agency. LDPs are direct payments made in lieu of a marketing assistance loan when the Commodity Credit Corporation determined value, based on the current local price, is below the applicable loan rate. For wool, the local prices and loan rates are set at a national level. The payment is the difference between the price and loan rate times the eligible quantity. Wool LDP rates are updated on a weekly basis and can be found online here. Use the Weekly Commodity Rates icon to open the dropdown which includes the “Wool and Mohair LDP Rates” spreadsheet.
Unsold wool shorn during the 2022 calendar year may be eligible for a 2022 LDP. For a commodity to be eligible for an LDP, the producer must have beneficial interest in the commodity, defined as having title, possession, and control of the commodity, and responsible for loss of or damage to the commodity. All related application forms must be completed at the local FSA office prior to loss of beneficial interest. Additional eligibility requirements must be met before an LDP payment can be paid. This includes a 2022 FSA-578 acreage report for all crop acres, a CCC-941 Adjusted Gross Income Certification, a CCC-902 Farm Operating Plan, an AD-1026 Highly Erodible Land and Wetland Certification, and a direct deposit form or waiver.
In order to request an LDP for wool, producers must complete a CCC-633 EZ Loan Deficiency Payment Agreement and Request form. Page 1 is the agreement which signifies an intent to request an LDP and must be completed before a producer loses beneficial interest of the eligible commodity. Page 4 is the wool request for LDP benefits and must be submitted after page 1 is completed. Once signed and approved, page 4 cannot be cancelled and payments cannot be deferred. Payments are processed after page 4 has been submitted and approved.
For more information on LDPs, visit https://www.fsa.usda.gov/programs-and-services/price-support/Index or visit your local FSA office.
Many producers within Washington State may be faced with additional costs associated with water hauling for livestock due to persistent drought conditions. ELAP may provide assistance for associated costs above normal if the county triggered under an eligible drought condition.
Recent updates to the program changed the criteria for eligibility from strictly a D3 or higher designation on the National Drought Monitor to meeting eligibility criteria when the county hits a D2 designation for 8 consecutive weeks according to the National Drought Monitor. All eligible livestock producers may be eligible to receive assistance through the Emergency Livestock Assistance Program (ELAP) for water hauling if:
- Water was transported to eligible livestock that are were on (or are on) eligible grazing land that under normal conditions does not require water to be transported to it
- The county has met required drought conditions or an approved adverse weather event
Payments under ELAP are issued on the lesser of the cost to transport water for 150 days or the actual number of gallons transported to the eligible livestock. All eligible livestock producers wishing to file an application for water hauling must provide verifiable or reliable documentation of the cost to transport water to eligible livestock.
All producers wishing to inquire about water hauling assistance should contact their local FSA office. Notices of Loss must be filed within 30 days of when the loss became apparent and supporting documentation must be provided by the producer. The deadline for program year 2022 applications is January 30, 2023.
While drought impacts are easing within much of the Pacific Northwest due to the recent rainfall, impacts to forage availability are still apparent to livestock producers. FSA’s Livestock Forage Program (LFP) provides financial assistance to eligible livestock producers when grazing losses are suffered due to drought conditions within the county during the grazing season.
Drought intensity levels must reach a level of D2 for 8 consecutive weeks, or a D3 or D4 for any given length of time for eligibility to be triggered within the county. Payments are based upon intensity levels and the duration at which the drought remains at that intensity level.
Eligible livestock owners or contract growers must have risk in the livestock, and also provide the eligible grazing land physically located within an eligible county. This includes land that is owned or leased with the intent of grazing. All forage ground must be accounted for on the applicant’s acreage report (FSA-578) and must be filed by the reporting deadline of July 15. Late filed acreage reports will be subject to late file fees and provisions.
Current levels of payment rates are as follows for eligible livestock producers:
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1-month payment
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3-month payment
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4-month payment
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Chelan
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Klickitat
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Adams
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Douglas
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Walla Walla
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Asotin
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Okanogan
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Benton
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Franklin
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Grant
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Kittitas
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Lincoln
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Yakima
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All livestock producers within eligible counties wishing to file an application should contact their local FSA office to request an application. Producers must be prepared to provide documentation to support their LFP application. This includes inventory records for livestock, leases, grower contracts, etc.
The Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP) was updated last fall to cover feed transportation costs that were above normal in areas where producers were impacted by drought conditions. Further updates were recently made in April of 2022 to cover costs associated with the transportation of livestock to feed as well. Updates to these provisions were all made retroactive back to the 2021 program year.
The deadline for 2021 feed transportation applications was January 30, 2022. However, livestock transportation applications will be accepted through June 30, 2022 for impacts suffered during the 2021 calendar year due to the late rollout of the program changes. All applications for the 2022 calendar year will be accepted through January 30, 2023, but the initial Notice of Loss must be filed within 30 calendar days of when the loss becomes apparent.
Under this portion of the ELAP program, USDA will reimburse eligible ranchers 60% of feed/livestock transportation costs above what would have been incurred in a normal year. Producers qualifying as underserved (socially disadvantaged, limited resource, beginning or military veteran) will be reimbursed for 90% of the feed/livestock transportation cost above what would have been incurred in a normal year.
USDA uses a national cost formula to determine reimbursement costs that will not include the first 25 miles and distances exceeding 1,000 transportation miles. The calculation will also exclude the normal cost to transport feed/livestock if the producer normally hauls feed to livestock or hauls livestock to other feed sources in a normal year. For 2021 and 2022, the initial cost formula of $6.60 per loaded mile will be used (before the percentage is applied).
An online tool is available to help assist with estimated payment calculations and can be found here: Emergency Assistance for Livestock, Honeybees and Farm-raised Fish Program (ELAP) While the tool can be utilized to provide estimated payment calculations, it is important to note that it is not an official application. All livestock producers within eligible counties wishing to file an application should contact their local FSA office to request an application.
The nomination period for USDA Farm Service Agency (FSA) county committees runs June 15 through Aug. 1, 2022, and elections will take place starting in November.
County committees are unique to FSA and serve as a direct link between agricultural communities across the country and USDA. For more information on FSA county committees, visit fsa.usda.gov/elections. A map of County Committee LAA boundaries can be found at this link on the WA FSA website.
Okanogan County – Farm Loan Program Technician
The Farm Service Agency office located in Okanogan, WA is accepting applications for a Full-Time Permanent Farm Loan Program Technician position. Duties include carrying out office activities related to farm loan programs. The full vacancy announcement which includes qualifications and eligibility requirements will be posted on USA Jobs at www.usajobs.gov.
Spokane County - Program Technician
The Farm Service Agency office located in Spokane Valley, WA is accepting applications for a Full-Time Permanent Program Technician position. Duties include carrying out office activities related to farm programs. The full vacancy announcement which includes qualifications and eligibility requirements will be posted on USA Jobs from May 25, 2022 to June 7, 2022 at https://www.usajobs.gov/job/656060500.
Adams County - Program Technician
The Farm Service Agency office located in Ritzville, WA is accepting applications for a Full-Time Permanent Program Technician position. Duties include carrying out office activities related to farm programs. The full vacancy announcement which includes qualifications and eligibility requirements will be posted on USA Jobs at www.usajobs.gov.
Now – July 1, 2022 – Primary Nesting Season for CRP. Activities on established CRP stands are prohibited April 1 through July 1 unless specifically authorized by FSA on a contract-by-contract basis. This restriction does not apply to contracts where the cover is being established at this time.
June 15, 2022 – Nominations open for 2022 FSA County Committee Elections.
June 20, 2022 – Monday observance of Juneteenth. USDA service centers will be closed.
July 4, 2022 – Independence Day. USDA service centers will be closed.
July 15, 2022 – Final acreage reporting date for perennial forage, CRP, and spring-seeded crops.
July 15, 2022 – Deadline to report actual harvested production of 2021 NAP covered grass seeds, forages, and annually planted spring crops for actual production history (APH) purposes.
July 15, 2022 – Final date to report 2021 production for ARC-IC.
August 1, 2022 – County Committee election nominations due.
August 31, 2022 – Deadline to obtain 2023 crop year NAP coverage for cabbage (for seed or fresh); canola; carrots (for seed); cauliflower (for seed or fresh); onions (for seed, fresh, or processing); rapeseed; rutabaga (for seed or fresh); turnips (for seed or fresh); and any other fall planted crops not mentioned in other closing dates (full list of Washington State NAP dates posted here).
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