This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

30164 

Vol. 87, No. 96 

Wednesday, May 18, 2022 

1FSA previously announced ELRP on April 4, 

2022 (87 FR 19465–19470). The Milk Loss Program 

and On-Farm Stored Commodity Loss Program will 

be announced in a future rule. These programs and 

ERP have the same funding source. 

2The 2022 crop year is included because a 

qualifying disaster event occurring in the 2021 

calendar year may have caused a loss of a crop 

during the 2022 crop year, based on how ‘‘crop 

year’’ is defined in the applicable crop insurance 

policy or NAP provisions. 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

[Docket ID FSA–2022–0004] 

Notice of Funds Availability; 

Emergency Relief Program (ERP) 

AGENCY: Farm Service Agency, USDA. 

ACTION: Notification of funding 

availability. 

SUMMARY: The Farm Service Agency 

(FSA) is issuing this notice announcing 

ERP. ERP will provide assistance to 

producers for losses to crops, trees, 

bushes, and vines due to wildfires, 

hurricanes, floods, derechos, excessive 

heat, winter storms, freeze (including a 

polar vortex), smoke exposure, 

excessive moisture, qualifying drought, 

and related conditions occurring in 

calendar years 2020 and 2021. ERP 

assistance will be provided in two 

phases. This document provides the 

eligibility requirements, application 

process, and payment calculations for 

ERP Phase 1, which will provide 

payments for crop production losses 

and tree, bush, and vine losses 

calculated using certain data from 

previously issued crop insurance 

indemnities and Noninsured Crop 

Disaster Assistance Program (NAP) 

payments. 

DATES: 

Funding availability: Implementation 

will begin May 18, 2022. 

Comment Date: We will consider 

comments on the Paperwork Reduction 

Act that we receive by: July 18, 2022. 

ADDRESSES: We invite you to submit 

comments on the information collection 

request. You may submit comments by 

any of the following methods, although 

FSA prefers that you submit comments 

electronically through the Federal 

eRulemaking Portal: 

• Federal eRulemaking Portal: Go to

http://www.regulations.gov and search 

for Docket ID FSA–2022–0004. Follow 

the online instructions for submitting 

comments. 

• Mail, Hand-Delivery, or Courier:

Director, Safety Net Division, FSA, 

USDA, 1400 Independence Avenue SW, 

Stop 0510, Washington, DC 20250– 

0522. In your comment, specify the 

docket ID FSA–2022–0004. 

All comments will be posted without 

change and publicly available on http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Tona Huggins; telephone: (202) 720– 

6825; email: tona.huggins@usda.gov. 

Persons with disabilities who require 

alternative means for communication 

should contact the USDA Target Center 

at (202) 720–2600 (voice) or (844) 433– 

2774 (toll-free nationwide). 

SUPPLEMENTARY INFORMATION: 

Background 

Division B, Title I, of the Extending 

Government Funding and Delivering 

Emergency Assistance Act (Pub. L. 117– 

43) provides $10 billion for necessary

expenses related to losses of:

• Crops;

• Trees;

• Bushes; and

• Vines.

To be eligible for assistance, the loss

must be a consequence of one of the 

following qualifying disaster events 

occurring in the 2020 or 2021 calendar 

years: 

• Droughts;

• Wildfires;

• Hurricanes;

• Floods;

• Derechos;

• Excessive heat;

• Winter storms;

• Freeze, including a polar vortex;

• Smoke exposure; and

• Excessive moisture.

Losses due to drought are only

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. 

FSA is using the funding to assist 

producers who suffered eligible losses 

through several programs.1 In this 

document, FSA is announcing ERP, 

which will assist producers who 

suffered losses of crops, trees, bushes, or 

vines due to qualifying disaster events. 

FSA will administer ERP in two phases: 

• ERP Phase 1 will use a streamlined

process with pre-filled application 

forms. It will provide payments for crop 

production losses and tree, bush, and 

vine losses in certain situations where 

data are already on file with FSA or the 

Risk Management Agency (RMA), as a 

result of the producer previously 

receiving a NAP payment or a crop 

insurance indemnity under certain crop 

insurance policies. This document 

provides the eligibility requirements, 

application process, and payment 

calculations for ERP Phase 1. 

• ERP Phase 2 will provide payments

for other eligible losses through a more 

traditional application process during 

which eligible producers will provide 

all data required to calculate a payment. 

FSA will announce ERP Phase 2 

provisions and application period in a 

future Federal Register document. 

Definitions 

The definitions in 7 CFR parts 718 

and 1400 apply to ERP, except as 

otherwise provided in this document. 

The following definitions also apply. 

Administrative fee means the amount 

an insured paid for catastrophic risk 

protection, and additional coverage for 

each crop year as specified in the 

applicable crop insurance policy. 

Average adjusted gross farm income 

means the average of the portion of the 

person or legal entity’s adjusted gross 

income derived from farming, ranching, 

or forestry operations for the 3 taxable 

years preceding the most immediately 

preceding complete taxable year. The 

relevant tax years are: 

(1) For the 2020 program year, 2016,

2017, and 2018; 

(2) For the 2021 program year, 2017,

2018, and 2019; and 

(3) For the 2022 program year,2 2018,

2019, and 2020. 

Average adjusted gross income means 

the average of the adjusted gross income 

as defined under 26 U.S.C. 62 or 

comparable measure of the person or 

legal entity. The relevant tax years are: 


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(1) For the 2020 program year, 2016, 

2017, and 2018; 

(2) For the 2021 program year, 2017, 

2018, and 2019; and 

(3) For the 2022 program year, 2018, 

2019, and 2020. 

Beginning farmer or rancher means a 

farmer or rancher who has not operated 

a farm or ranch for more than 10 years 

and who materially and substantially 

participates in the operation. For a legal 

entity to be considered a beginning 

farmer or rancher, at least 50 percent of 

the interest must be beginning farmers 

or ranchers. 

Bush means a low, branching, woody 

plant, from which at maturity of the 

bush, an annual fruit or vegetable crop 

is produced for commercial market for 

human consumption, such as a 

blueberry bush. The definition does not 

cover nursery stock or plants that 

produce a bush after the normal crop is 

harvested. 

Buy-up NAP coverage means NAP 

coverage at a payment amount that is 

equal to an indemnity amount 

calculated for buy-up coverage 

computed under section 508(c) or (h) of 

the Federal Crop Insurance Act and 

equal to the amount that the buy-up 

coverage yield for the crop exceeds the 

actual yield for the crop. 

Catastrophic coverage has the same 

meaning as in 7 CFR 1437.3. 

Coverage level means the percentage 

determined by multiplying the elected 

yield percentage under a crop insurance 

policy or NAP coverage by the elected 

price percentage. 

Crop insurance means an insurance 

policy reinsured by the Federal Crop 

Insurance Corporation under the 

provisions of the Federal Crop 

Insurance Act, as amended. It does not 

include private plans of insurance. 

Crop insurance indemnity means the 

payment to a participant for crop losses 

covered under crop insurance 

administered by RMA in accordance 

with the Federal Crop Insurance Act (7 

U.S.C. 1501–1524). 

Crop year means: 

(1) For insured crops, trees, bushes, 

and vines, the crop year as defined 

according to the applicable crop 

insurance policy; and 

(2) For NAP-covered crops, the crop 

year as defined in 7 CFR 1437.3. 

Deputy Administrator means the FSA 

Deputy Administrator for Farm 

Programs. 

FCIC means the Federal Crop 

Insurance Corporation, a wholly owned 

Government Corporation of USDA, 

administered by RMA. 

Historically underserved farmer or 

rancher means a beginning farmer or 

rancher, limited resource farmer or 

rancher, socially disadvantaged farmer 

or rancher, or veteran farmer or rancher. 

Income derived from farming, 

ranching, and forestry operations means 

income of an individual or entity 

derived from: 

(1) Production of crops, specialty 

crops, and unfinished raw forestry 

products; 

(2) Production of livestock, 

aquaculture products used for food, 

honeybees, and products derived from 

livestock; 

(3) Production of farm-based 

renewable energy; 

(4) Selling (including the sale of 

easements and development rights) of 

farm, ranch, and forestry land, water or 

hunting rights, or environmental 

benefits; 

(5) Rental or lease of land or 

equipment used for farming, ranching, 

or forestry operations, including water 

or hunting rights; 

(6) Processing, packing, storing, and 

transportation of farm, ranch, forestry 

commodities including renewable 

energy; 

(7) Feeding, rearing, or finishing of 

livestock; 

(8) Payments of benefits, including 

benefits from risk management 

practices, crop insurance indemnities, 

and catastrophic risk protection plans; 

(9) Sale of land that has been used for 

agricultural purposes; 

(10) Payments and benefits authorized 

under any program made available and 

applicable to payment eligibility and 

payment limitation rules; 

(11) Income reported on Internal 

Revenue Service (IRS) Schedule F or 

other schedule used by the person or 

legal entity to report income from such 

operations to the IRS; 

(12) Wages or dividends received 

from a closely held corporation, and 

Interest Charge Domestic International 

Sales Corporation (IC–DISC) or legal 

entity comprised entirely of family 

members when more than 50 percent of 

the legal entity’s gross receipts for each 

tax year are derived from farming, 

ranching, or forestry activities as 

defined in this document; and 

(13) Any other activity related to 

farming, ranching, and forestry, as 

determined by the Deputy 

Administrator. 

Limited resource farmer or rancher 

means a farmer or rancher who is both 

of the following: 

(1) A person whose direct or indirect 

gross farm sales, based on 2 years, did 

not exceed: 

(a) $180,300 in each of the 2017 and 

2018 calendar years for the 2020 

program year; 

(b) $179,000 in each of the 2018 and 

2019 calendar years for the 2021 

program year; or 

(c) $189,200 in each of the 2019 and 

2020 calendar years for the 2022 

program year; and 

(2) A person whose total household 

income was at or below the national 

poverty level for a family of four in each 

of the same two previous calendar years 

referenced in paragraph (1) of this 

definition. Limited resource farmer or 

rancher status can be determined using 

a website available through the Limited 

Resource Farmer and Rancher Online 

Self Determination Tool through 

National Resource and Conservation 

Service at https://lrftool.sc.egov.

usda.gov. 

For an entity to be considered a 

limited resource farmer or rancher, all 

members who hold an ownership 

interest in the entity must meet the 

criteria in paragraphs (1) and (2) of this 

definition. 

NAP means the Noninsured Crop 

Disaster Assistance Program, which is 

authorized by section 196 of the Federal 

Agriculture Improvement and Reform 

Act of 1996 (7 U.S.C. 7333) and 

regulations in 7 CFR part 1437. 

NAP service fee means the fee the 

producer paid to obtain NAP coverage 

specified in 7 CFR 1437.7. 

Ownership interest means to have 

either a legal ownership interest or a 

beneficial ownership interest in a legal 

entity. For the purposes of 

administering ERP, a person or legal 

entity that owns a share or stock in a 

legal entity that is a corporation, limited 

liability company, limited partnership, 

or similar type entity where members 

hold a legal ownership interest and 

shares in the profits or losses of such 

entity is considered to have an 

ownership interest in such legal entity. 

A person or legal entity that is a 

beneficiary of a trust or heir of an estate 

who benefits from the profits or losses 

of such entity is considered to have a 

beneficial ownership interest in such 

legal entity. 

Premium means the premium paid by 

the producer for crop insurance 

coverage or NAP buy-up coverage 

levels. 

Program year means the crop year. 

Qualifying disaster event means 

wildfires, hurricanes, floods, derechos, 

excessive heat, winter storms, freeze 

(including a polar vortex), smoke 

exposure, excessive moisture, qualifying 

drought, and related conditions. 

Qualifying drought means an area 

within the county was rated by the U.S. 

Drought Monitor as having a drought 

intensity of D2 (severe drought) for eight 

consecutive weeks or D3 (extreme 


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3The term ‘‘Armed Forces’’ means the United 

States Army, Navy, Marine Corps, Air Force, Space 

Force, and Coast Guard, including the reserve 

components. 

4The term ‘‘veteran’’ means a person who served 

in the active military, naval, air, or space service, 

and who was discharged or released under 

conditions other than dishonorable. 

5The 2022 crop year is included because a 

qualifying disaster event occurring in the 2021 

calendar year may have caused a loss of a crop 

during the 2022 crop year, based on how ‘‘crop 

year’’ is defined in the applicable crop insurance 

policy or NAP provisions. 

6For purposes of this program, indemnity does 

not include cottonseed endorsement payments, 

downed rice endorsement payments, sugarcane 

crop replacement endorsement payments, replant 

payments, or raisin reconditioning payments. 

7Losses covered under ERP Phase 2 may include 

crop quality losses, losses for which the producer 

did not have an applicable crop insurance policy 

or NAP coverage for the crop and unit, and losses 

for which the producer had an applicable crop 

insurance policy or NAP coverage but the loss was 

not significant enough to result in a crop insurance 

indemnity or NAP payment or was otherwise 

excluded from ERP Phase 1. 

drought) or higher level for any period 

of time during the applicable calendar 

year. 

Related condition means damaging 

weather and adverse natural 

occurrences that occurred concurrently 

with and as a direct result of a specified 

qualifying disaster event. Related 

conditions include, but are not limited 

to: 

• Excessive wind that occurred as a 

direct result of a derecho; 

• Silt and debris that occurred as a 

direct and proximate 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. 

Socially disadvantaged farmer or 

rancher means a farmer or rancher who 

is a member of a group whose members 

have been subjected to racial, ethnic, or 

gender prejudice because of their 

identity as members of a group without 

regard to their individual qualities. For 

entities, at least 50 percent of the 

ownership interest must be held by 

individuals who are members of such a 

group. Socially disadvantaged groups 

include the following and no others 

unless approved in writing by the 

Deputy Administrator: 

(1) American Indians or Alaskan 

Natives; 

(2) Asians or Asian-Americans; 

(3) Blacks or African Americans; 

(4) Hispanics or Hispanic Americans; 

(5) Native Hawaiians or other Pacific 

Islanders; and 

(6) Women. 

Specialty crops means fruits, tree 

nuts, vegetables, culinary herbs and 

spices, medicinal plants, and nursery, 

floriculture, and horticulture crops. This 

includes common specialty crops 

identified by USDA’s Agricultural 

Marketing Service at https://www.ams.

usda.gov/services/grants/scbgp/ 

specialty-crop and other crops as 

designated by the Deputy 

Administrator. 

Substantial beneficial interest (SBI) 

has the same meaning as specified in 

the applicable crop insurance policy. 

For the purposes of ERP Phase 1, 

Federal crop insurance records for 

‘‘transfer of coverage, right to 

indemnity’’ are considered the same as 

SBIs. 

Tree means a tall, woody plant having 

comparatively great height, and a single 

trunk from which an annual crop is 

produced for commercial market for 

human consumption, such as a maple 

tree for syrup, or papaya or orchard tree 

for fruit. It includes immature trees that 

are intended for commercial purposes. 

Nursery stock, banana and plantain 

plants, and trees used for pulp or timber 

are not considered eligible trees. 

Unit means the unit structure as 

defined under the applicable crop 

insurance policy for insured crops or in 

7 CFR 1437.9 for NAP-covered crops. 

USDA means the U.S. Department of 

Agriculture. 

U.S. Drought Monitor means the 

system for classifying drought severity 

according to a range of abnormally dry 

to exceptional drought. It is a 

collaborative effort between Federal and 

academic partners, produced on a 

weekly basis, to synthesize multiple 

indices, outlooks, and drought impacts 

on a map and in narrative form. This 

synthesis of indices is reported by the 

National Drought Mitigation Center at 

http://droughtmonitor.unl.edu. 

Veteran farmer or rancher means a 

farmer or rancher who has served in the 

Armed Forces (as defined in 38 U.S.C. 

101(10) 3) and: 

(1) Has not operated a farm or ranch 

for more than 10 years; or 

(2) Has obtained status as a veteran (as 

defined in 38 U.S.C. 101(2) 4) during the 

most recent 10-year period. 

For an entity to be considered a 

veteran farmer or rancher, at least 50 

percent of the ownership interest must 

be held by members who have served in 

the Armed Forces and meet the criteria 

in paragraph (1) or (2) of this definition. 

Vine means a perennial plant grown 

under normal conditions from which an 

annual fruit crop is produced for 

commercial market for human 

consumption, such as grape, kiwi, or 

passion fruit, and that has a flexible 

stem supported by climbing, twining, or 

creeping along a surface. Nursery stock, 

perennials that are normally propagated 

as annuals such as tomato plants, 

biennials such as strawberry plants, and 

annuals such as pumpkin, squash, 

cucumber, watermelon, and other melon 

plants, are excluded from the term vine. 

ERP Phase 1 

ERP Phase 1 will provide a 

streamlined application process for 

eligible losses during the 2020, 2021, or 

2022 crop years 5 for which a producer 

had: 

• A Federal Crop Insurance policy 

that provided coverage for crop 

production losses or tree losses related 

to the qualifying disaster events and 

received an indemnity 6 for a crop and 

unit, excluding perennial crops with an 

intended use of grazing; livestock 

policies; nursery; forage seeding; and 

Margin Protection Plan policies 

purchased without a base policy; or 

• NAP coverage and received a NAP 

payment for a crop and unit. 

ERP Phase 1 excludes losses to 

aquacultural species that were 

compensated under the Emergency 

Assistance for Livestock, Honey Bees, 

and Farm-raised Fish Program 

(generally referred to as ELAP) to avoid 

providing duplicate benefits for losses 

already at least partially compensated 

for by ELAP. 

The applicable crop insurance 

policies and NAP provide payments to 

producers for crop, tree, bush, and vine 

losses due to eligible causes of loss as 

defined respectively in the producer’s 

crop insurance policy or NAP, which 

includes crop production losses and tree 

losses due to the qualifying disaster 

events eligible for ERP. Where such an 

overlap has been identified, RMA and 

FSA are using certain data submitted by 

producers for crop insurance or NAP 

purposes to calculate a producer’s 

eligible loss under ERP Phase 1. The 

ERP calculation is intended to 

compensate producers for a percentage 

of that loss determined by the 

applicable ERP factor, which varies 

based on the producer’s level of crop 

insurance or NAP coverage, as described 

later in this document. 

Producers who did not qualify for 

assistance under Phase 1 who 

experienced losses to crops, trees, 

bushes, and vines, will be addressed 

under ERP Phase 2. Other losses to 

crops, trees, bushes, and vines will also 

be addressed under ERP Phase 2.7 ERP 

Phase 2 will address situations where a 

producer’s records at RMA do not match 

the records at FSA. Further, producers 

who apply for payment under ERP 

Phase 1 may also apply under ERP 

Phase 2; however, payments under ERP 


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8Similar to other disaster programs administered 

by FSA, payment reductions will be made to 

account for payment limitation, lack of compliance 

with highly erodible land conservation and wetland 

conservation requirements, and prorating of 

payments to stay within available funding as 

discussed later in this document. 

Phase 2 will take into account any 

amounts received for the crop and unit 

under ERP Phase 1. ERP Phase 2 

provisions will be specified in a future 

Federal Register document. 

Eligibility 

To be eligible for payment under ERP 

Phase 1, a producer must have suffered 

a crop, tree, bush, or vine loss that was 

caused, in whole or in part, by a 

qualifying disaster event. Because under 

certain policies the amount of loss due 

to a qualifying disaster event cannot be 

separated from the amount of loss 

caused by other eligible causes of loss 

as defined by the applicable crop 

insurance policy or NAP, the ERP Phase 

1 payment will be based on the 

producer’s loss as long as those losses 

are in whole or in part caused by a 

qualifying disaster event. 

In addition, consistent with other FSA 

disaster assistance programs, a producer 

must be a: 

(1) Citizen of the United States; 

(2) Resident alien, which for purposes 

of ERP means ‘‘lawful alien’’ as defined 

in 7 CFR 1400.3; 

(3) Partnership consisting of solely of 

citizens of the United States or resident 

aliens; 

(4) Corporation, limited liability 

company, or other organizational 

structure organized under State law 

consisting solely of citizens of the 

United States or resident aliens; or 

(5) Indian Tribe or Tribal 

organization, as defined in section 4(b) 

of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 

5304). 

Eligible crops include all crops for 

which crop insurance or NAP coverage 

was available, except for crops intended 

for grazing. 

Application Process 

FSA and RMA will identify the 

producers who meet the criteria 

described above to apply for ERP Phase 

1. For each of those producers, FSA will 

generate an FSA–520, Emergency Relief 

Program (ERP) Phase 1 Application, 

with certain items pre-filled with 

information already on file with USDA. 

A separate application form will be 

generated for each applicable program 

year. FSA expects to begin mailing 

application forms in May to producers 

who received crop insurance 

indemnities, and to begin mailing forms 

to producers who received NAP 

payments later in the summer. 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 become available. 

For producers who received a crop 

insurance indemnity for eligible 

policies, the pre-filled application will 

include the producer’s physical State 

and county codes, pay unit numbers, 

crops, and gross indemnities. While the 

majority of crop insurance policies may 

cover an eligible crop loss, a small 

number do not and are not eligible for 

ERP, including livestock policies and 

margin policies. Even if a policy is 

included in ERP Phase 1, the producer 

will need to certify that their payment 

under any such policy was in whole or 

in part due to a crop loss related to a 

qualifying disaster event. For producers 

who received a NAP payment, the prefilled applications will include the 

producer’s administrative State and 

county codes, unit numbers, crops, pay 

groups, and gross NAP payments. FSA 

will also pre-fill the calculated ERP 

Phase 1 payment amounts, prior to any 

payment reductions.8 Producers cannot 

alter the data in these pre-filled items. 

If a producer believes that any 

information that has been pre-filled is 

incorrect, the producer should contact 

their crop insurance agent for insured 

crops or their FSA county office for 

NAP-covered crops. 

Receipt of a pre-filled application 

form is not a confirmation that the 

producer is eligible to receive an ERP 

Phase 1 payment. In order to receive a 

payment, the producer must certify that 

their crop insurance indemnity or NAP 

payment on which the ERP Phase 1 

payment will be based was due, in 

whole or in part, to a crop production 

loss or a loss of trees, bushes, or vines 

caused by a qualifying disaster event. 

Producers are responsible for reviewing 

the list of qualifying disaster events, and 

if a loss was due to drought, producers 

must also ensure that the county where 

the crop and unit was located meets the 

definition of ‘‘qualifying drought.’’ FSA 

will provide a factsheet and other 

materials to provide examples and more 

details on the qualifying disaster events 

to assist producers. In addition, 

producers must also certify that they 

will meet the requirement to purchase 

crop insurance or NAP coverage for the 

next 2 available crop years, as described 

later in this document. 

The portion of the form for producers 

who had crop insurance will also list 

the primary policy holder and all 

producers with an SBI who have a 

record established with FSA. If one or 

more producers with an SBI had a share 

in a crop, the primary policy holder 

must update the application to show the 

share in the crop for each of those 

producers in addition to the primary 

policy holder. If determined eligible, 

any payments will be issued to the 

primary policy holder and to any 

producers with an SBI who have a share 

in the crop according to their shares in 

the crop entered on the application. To 

receive a payment, each person or entity 

that is listed as having a share of the 

ERP Phase 1 payment for a crop and 

unit must sign the application and agree 

to purchase crop insurance or NAP 

coverage for that crop and unit, as 

described later in this document. If 

multiple crops and units are listed on an 

application, producers may agree to 

purchase crop insurance or NAP 

coverage for only some of the crops and 

units; an ERP Phase 1 payment will be 

issued only for those crops and units for 

which the producer agrees to meet that 

requirement. 

Producers, including any producers 

with an SBI who have a share in a crop 

as indicted on the application, must also 

have the following forms on file with 

FSA by within 60 days of the ERP Phase 

1 deadline announced by the Deputy 

Administrator to receive an ERP Phase 

1 payment: 

• 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 

• A highly erodible land conservation 

(sometimes referred to as HELC) and 

wetland conservation certification as 

provided in 7 CFR part 12 (form AD– 

1026 Highly Erodible Land 

Conservation (HELC) and Wetland 

Conservation (WC) Certification) for the 

producer and applicable affiliates. 

Many producers, especially if they 

have participated in FSA programs 

recently, will already have these forms 

on file with FSA. Producers who are 

unsure of whether a form is on file may 

contact their local FSA service center. 

Contact information for service centers 

is available at https://www.farmers.gov/ 

working-with-us/service-center-locator. 

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, as described later in this 

document: 


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9A producer who has filed form CCC–860 

certifying their status as a socially disadvantaged, 

beginning, or veteran farmer or rancher for a prior 

program year is not required to submit a subsequent 

certification of their status for a later program year 

because a producer’s status as socially 

disadvantaged would not change in different years, 

and their certification as a beginning or veteran 

farmer or rancher includes the relevant date needed 

to determine for what programs years the status 

would apply. Because a producer’s status as a 

limited resource farmer or rancher may change 

annually depending on the producer’s direct and 

indirect gross farm sales, those producers must 

submit form CCC–860 for each applicable program 

year. 

10For example, ERP for Area Risk Protection 

Insurance (ARPI) and STAX is based on area-wide 

(for example, county) production losses. 

• Form CCC–860, Socially 

Disadvantaged, Limited Resource, 

Beginning and Veteran Farmer or 

Rancher Certification, applicable for the 

program year or years for which the 

producer is applying for ERP; 9 or 

• Form FSA–510, Request for an 

Exception to the $125,000 Payment 

Limitation for Certain Programs, 

accompanied by a certification from a 

certified public accountant or attorney 

as to that person or legal entity’s 

certification, for a legal entity and all 

members of that entity, for each 

applicable program year. 

FSA will continue to accept forms 

CCC–860 and FSA–510 from producers 

for the purpose of establishing eligibility 

for an increased payment rate or 

payment limitation until the deadline 

announced by FSA. 

Payment Calculation 

RMA and FSA will calculate ERP 

Phase 1 payments based on the data on 

file with the agencies at the time of 

calculation. 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 an ERP factor based 

on the producer’s level of crop 

insurance or NAP coverage, as specified 

in the following tables. 

ERP factor 

(percent) 

Crop Insurance Coverage Level: 

Catastrophic coverage .................................................................................................................................................................. 75.0 

More than catastrophic coverage but less than 55 percent ........................................................................................................ 80.0 

At least 55 percent but less than 60 percent ............................................................................................................................... 82.5 

At least 60 percent but less than 65 percent ............................................................................................................................... 85.0 

At least 65 percent but less than 70 percent ............................................................................................................................... 87.5 

At least 70 percent but less than 75 percent ............................................................................................................................... 90.0 

At least 75 percent but less than 80 percent ............................................................................................................................... 92.5 

At least 80 percent ....................................................................................................................................................................... 95.0 

NAP Coverage Level: 

Catastrophic coverage .................................................................................................................................................................. 75.0 

50 percent ..................................................................................................................................................................................... 80.0 

55 percent ..................................................................................................................................................................................... 85.0 

60 percent ..................................................................................................................................................................................... 90.0 

65 percent ..................................................................................................................................................................................... 95.0 

When determining the ERP factors, 

analysis was conducted to ensure that 

payments do not exceed available 

funding and, in aggregate across all 

producers, do not exceed 90 percent of 

losses, as required by the Extending 

Government Funding and Delivering 

Emergency Assistance Act. The 

difference between the ERP payment 

factor for crop insurance and NAP is 

due to differences in the available 

coverage levels. Crop insurance is 

available at the catastrophic coverage 

level (50 percent production coverage of 

55 percent of the price) and buy-up 

coverage levels (50 percent to 85 percent 

of the production for 100 percent of the 

price). NAP is limited by law to a 

maximum of 65 percent buy-up 

coverage. For both NAP and crop 

insurance, the ERP payment factor for 

the catastrophic and maximum buy-up 

levels are 75 percent and 95 percent 

respectively, with the ERP factors stairstepping for the buy-up options inbetween as shown in the tables above. 

The Extending Government Funding 

and Delivering Emergency Assistance 

Act provides that payments to 

producers who did not have crop 

insurance or NAP coverage cannot 

exceed 70 percent of their loss; 

therefore, the lowest ERP factor for 

producers who had crop insurance or 

NAP is set at 75 percent. Payment limits 

and other reductions will reduce ERP 

payments, further lowering the percent 

of losses covered. 

For crop insurance, RMA will use the 

producer’s data that is already on file, 

which provides the necessary 

information to determine the producer’s 

amount of loss. Crop insurance provides 

financial assistance for crop losses due 

to specified natural disasters and uses a 

producer’s data to calculate a payment 

based on the type of crop insurance 

coverage elected by the producer. As 

previously discussed, ERP is intended 

to compensate producers for a 

percentage of their loss determined by 

the applicable ERP factor based on the 

level of crop insurance coverage 

purchased; therefore, RMA will 

calculate each producer’s loss consistent 

with the loss procedures for the type of 

coverage purchased 10 but using the ERP 

factor. This calculated amount would 

then be adjusted by subtracting out the 

net crop insurance indemnity, which is 

equal to the producer’s gross crop 

insurance indemnity already received 

for those losses minus service fees and 

premiums. 

For NAP-covered crops, FSA will use 

the producer’s crop production or 

inventory data that is already on file, 

which provides the necessary 

information to determine the producer’s 

amount of loss. NAP provides financial 

assistance for crop losses due to 

specified natural disasters and uses a 

producer’s crop production or inventory 

data to calculate a payment based on the 

level of NAP coverage elected by the 

producer. As previously discussed, ERP 

is intended to compensate producers for 

a percentage of loss determined by the 

applicable ERP factor based on their 

NAP coverage level; therefore, FSA will 

perform a calculation that is consistent 

with the NAP payment calculation for 

the crop and unit, as provided in 7 CFR 

part 1437, but using the ERP factor in 

the table above applicable to the 

producer’s NAP coverage level as the 

applicable guarantee in those 

calculations. For example, the guarantee 

for a producer that had purchased 60 

percent NAP coverage would be 


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11The gross NAP payment is the amount 

calculated according to 7 CFR part 1437, prior to 

any payment reductions for reasons including, but 

not limited to, sequestration, payment limitation, 

and the applicant or member of an applicant that 

is an entity exceeding the average AGI limitation. 

12The Extending Government Funding and 

Delivering Emergency Assistance Act provides that 

in the case of specialty crops or high value crops, 

as determined by the Secretary, the Secretary shall 

impose payment limitations consistent with 7 CFR 

760.1507(a)(2), which specified that a producer 

could receive up to $900,000 if not less than 75 

percent of the average adjusted gross income of the 

person or legal entity was average adjusted gross 

farm income. USDA is continuing to evaluate how 

to define ‘‘high value crops’’ and will address those 

crops during ERP Phase 2. 

13The ‘‘first level or payment legal entity’’ means 

that the payment entity will have a reduction 

applied, and if the payment entity happens to be 

a joint venture, that reduction is applied to the first 

level, or highest level, for payments. The ‘‘first level 

or payment legal entity’’ is the highest level of 

ownership of the applicant to whom payments can 

be attributed or limited. If the applicant is a 

business type that does not have a limitation or 

attribution, the reduction is applied to the first 

level, but if the business type can have the 

reduction applied directly to it, then the limitation 

applies. 

adjusted and recalculated based on a 90 

percent ERP factor. The calculated 

amount using the ERP factor would then 

be adjusted by subtracting the net NAP 

calculated payment, which is equal to 

the producer’s gross NAP payment 

already received by the producer minus 

service fees and premiums.11 For NAP, 

actual value equals the dollar value of 

the crop and unit at the time of loss as 

determined by USDA. For example, a 

producer had a crop that had a value of 

$150,000 and a 50 percent loss, 

resulting in a loss of $75,000. They had 

a NAP coverage level of 60 percent, so 

their NAP guarantee was $90,000. Their 

NAP guarantee of $90,000 minus the 

$75,000 value of the crop that was not 

lost is equal to a net NAP calculated 

payment of $15,000. The new ERP 

guarantee based on the ERP factor of 90 

percent is calculated to be $135,000. 

The ERP guarantee of $135,000 minus 

the $75,000 value of the crop that was 

not lost is equal to $60,000, which is 

reduced by the net NAP calculated 

payment amount of $15,000, resulting in 

a calculated ERP Phase 1 payment of 

$45,000. 

Similar to other FSA disaster 

assistance programs like ELAP and 

other recent ad hoc disaster programs, 

historically underserved farmers and 

ranchers will receive an increase to their 

ERP Phase 1 payment that is equal to 15 

percent of the amount calculated as 

described above. For example, if a 

historically underserved farmer or 

rancher’s calculated amount is $1,000, 

their ERP Phase 1 payment will be 

$1,150. To qualify for the increased 

payment amount, a historically 

underserved farmer or rancher must 

have certified their status on form CCC– 

860, Socially Disadvantaged, Limited 

Resource, Beginning and Veteran 

Farmer or Rancher Certification. FSA 

will issue ERP Phase 1 payments as 

applications are processed and 

approved. If a producer files form CCC– 

860 after their ERP Phase 1 payment is 

issued but before the deadline to be 

announced by FSA, FSA will process 

the form CCC–860 and issue the 

additional payment amount. 

A total of $10 billion was allocated to 

certain disaster relief programs. 

Congress allocated $750 million for 

livestock assistance, with the first phase 

of the Emergency Livestock Relief 

Program (ELRP) already paying over 

$560 million. ERP Phase 1 payments for 

crops covered by crop insurance will be 

prorated by 75 percent to ensure that 

total ERP payments, including payments 

under ERP Phase 2, do not exceed the 

available funding. ERP Phase 1 

payments for NAP-covered crops will 

not be prorated due to the significantly 

smaller NAP portfolio that by its nature 

only covers smaller acreages and 

specialty crops that are not covered by 

crop insurance. 

Payment Limitation 

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 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 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; 12 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 receive more than $125,000 in ERP 

payments for a program year, producers 

must submit form FSA–510, 

accompanied by a certification from a 

certified public accountant or attorney 

as to that person or legal entity’s 

certification. If a producer requesting 

the increased payment limitation is a 

legal entity, all members of that entity 

must also complete form FSA–510 and 

provide the required certification 

according to the direct attribution 

provisions in 7 CFR 1400.105, 

‘‘Attribution of Payments.’’ If a legal 

entity would be eligible for the 

increased payment limitation based on 

the legal entity’s average AGI from 

farming, ranching, or forestry related 

activities but a member of that legal 

entity either does not complete a form 

FSA–510 and provide the required 

certification or is not eligible for the 

increased payment limitation, the 

payment to the legal entity will be 

reduced for the limitation applicable to 

the share of the ERP Phase 1 payment 

attributed to that member. FSA will 

issue ERP Phase 1 payments as 

applications are processed and 

approved. If a producer files form FSA– 

510 and the accompanying certification 

after their ERP Phase 1 payment is 

issued but before the deadline 

announced by FSA, FSA will process 

the form FSA–510 and issue the 

additional payment amount. 

A payment made to a legal entity will 

be attributed to those members who 

have a direct or indirect ownership 

interest in the legal entity, unless the 

payment of the legal entity has been 

reduced by the proportionate ownership 

interest of the member due to that 

member’s ineligibility. 

Attribution of payments made to legal 

entities will be tracked through four 

levels of ownership in legal entities as 

follows: 

• First level of ownership—any 

payment made to a legal entity that is 

owned in whole or in part by a person 

will be attributed to the person in an 

amount that represents the direct 

ownership interest in the first level or 

payment legal entity; 13

• Second level of ownership—any 

payment made to a first-level legal 

entity that is owned in whole or in part 

by another legal entity (referred to as a 

second-level legal entity) will be 

attributed to the second-level legal 

entity in proportion to the ownership of 


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the second-level legal entity in the firstlevel legal entity; if the second-level 

legal entity is owned in whole or in part 

by a person, the amount of the payment 

made to the first-level legal entity will 

be attributed to the person in the 

amount that represents the indirect 

ownership in the first-level legal entity 

by the person; 

• Third and fourth levels of 

ownership—except as provided in the 

second level of ownership bullet above 

and in the fourth level of ownership 

bullet below, any payments made to a 

legal entity at the third and fourth levels 

of ownership will be attributed in the 

same manner as specified in the second 

level of ownership bullet above; and 

• Fourth-level of ownership—if the 

fourth level of ownership is that of a 

legal entity and not that of a person, a 

reduction in payment will be applied to 

the first-level or payment legal entity in 

the amount that represents the indirect 

ownership in the first level or payment 

legal entity by the fourth-level legal 

entity. 

Payments made directly or indirectly 

to a person who is a minor child will 

not be combined with the earnings of 

the minor’s parent or legal guardian. 

A producer that is a legal entity must 

provide the names, addresses, 

ownership share, and valid taxpayer 

identification numbers of the members 

holding an ownership interest in the 

legal entity. Payments to a legal entity 

will be reduced in proportion to a 

member’s ownership share when a valid 

taxpayer identification number for a 

person or legal entity that holds a direct 

or indirect ownership interest, at the 

first through fourth levels of ownership 

in the business structure, is not 

provided to FSA. 

If an individual or legal entity is not 

eligible to receive ERP Phase 1 

payments due to the individual or legal 

entity failing to satisfy payment 

eligibility provisions, the payment made 

either directly or indirectly to the 

individual or legal entity will be 

reduced to zero. The amount of the 

reduction for the direct payment to the 

producer will be commensurate with 

the direct or indirect ownership interest 

of the ineligible individual or ineligible 

legal entity. Like other programs 

administered by FSA, payments made to 

an Indian Tribe or Tribal organization, 

as defined in section 4(b) of the Indian 

Self-Determination and Education 

Assistance Act (25 U.S.C. 5304), will not 

be subject to payment limitation. 

Requirement To Purchase Crop 

Insurance or NAP Coverage 

All producers who receive ERP Phase 

1 payments, including those receiving a 

payment based on tree, bush, or vine 

crop insurance policies, are statutorily 

required to purchase crop insurance, or 

NAP coverage where crop insurance is 

not available, for the next 2 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 percent for insurable 

crops; or 

• At the catastrophic level or higher 

for NAP crops. 

Availability 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. 

In situations where crop insurance is 

unavailable for a crop, an ERP 

participant must obtain NAP coverage. 

Section 1001D of the Food Security Act 

of 1985 (1985 Farm Bill) provides that 

a person or entity with an AGI in 

amount greater than $900,000 is not 

eligible to participate in NAP; however, 

producers with an AGI greater than 

$900,000 are eligible for ERP. To 

reconcile this restriction in the 1985 

Farm Bill and the requirement to obtain 

NAP or crop insurance coverage, ERP 

participants may meet the purchase 

requirement by purchasing Whole-Farm 

Revenue Protection (WFRP) crop 

insurance coverage, if eligible, or they 

may pay the applicable NAP service fee 

despite their ineligibility for a NAP 

payment. In other words, the service fee 

must be paid even though no NAP 

payment may be made because the AGI 

of the person or entity exceeds the 1985 

Farm Bill limitation. The crop insurance 

and NAP coverage requirements are 

specific to the crop and county (which 

is the county where the crop is 

physically located for insured crops and 

the administrative county for NAPcovered crops) for which ERP Phase 1 

payments are paid. This means that a 

producer is required to purchase crop 

insurance or NAP coverage for the crop 

in the county for which the producer 

was issued an ERP Phase 1 payment. 

Producers who receive an ERP Phase 1 

payment that was calculated based on 

an indemnity under a Pasture, 

Rangeland, and Forage (PRF); Annual 

Forage; or WFRP policy must purchase 

the same type of policy or a 

combination of individual policies for 

the crops that had covered losses under 

ERP to meet the linkage requirement. 

Producers who receive a payment on a 

crop in a county and who have the crop 

or crop acreage in subsequent years, as 

provided in this document, and who fail 

to obtain the 2 years of crop insurance 

or NAP coverage required as specified 

in this document must refund all ERP 

Phase 1 payments for that crop in that 

county with interest from the date of 

disbursement. Producers who were paid 

under ERP Phase 1 for a crop in a 

county, but do not plant that crop in 

that county in a year for which this 

requirement applies, are not subject to 

the crop insurance or NAP purchase 

requirement for that year. 

Provisions Requiring Refund to FSA 

In the event that any ERP Phase 1 

payment resulted from erroneous 

information reported by the producer or 

if the producer’s data are updated after 

RMA or FSA calculate a producer’s ERP 

Phase 1 payment, the ERP Phase 1 

payment will be recalculated and the 

producer must refund any excess 

payment to FSA, including interest to be 

calculated from the date of the 

disbursement to the producer. If FSA 

determines that the producer 

intentionally misrepresented 

information used to determine the 

producer’s ERP Phase 1 payment 

amount, the application will be 

disapproved and the producer must 

refund the full payment to FSA with 

interest from the date of disbursement. 

All persons with a financial interest in 

a legal entity receiving payments are 

jointly and severally liable for any 

refund, including related charges, which 

is determined to be due to FSA for any 

reason. Any required refunds must be 

resolved in accordance with debt 

settlement regulations in 7 CFR part 3. 

General Provisions 

Applicable general eligibility 

requirements, including recordkeeping 

requirements and required compliance 

with HELC and Wetland Conservation 

provisions, are similar to those for the 

previous ad hoc crop disaster programs 

and current permanent disaster 

programs. 

General requirements that apply to 

other FSA-administered commodity 

programs also apply to ERP, including 

compliance with the provisions of 7 

CFR part 12, ‘‘Highly Erodible Land and 

Wetland Conservation,’’ and the 

provisions of 7 CFR 718.6, which 

address ineligibility for benefits for 

offenses involving controlled 

substances. Appeal regulations in 7 CFR 

parts 11 and 780 and equitable relief 

and finality provisions in 7 CFR part 

718, subpart D, apply to determinations 

under ERP. As described above, ERP 

Phase 1 payments are calculated using 

data on file with RMA and FSA at the 


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time of calculation. Producers who 

receive an ERP Phase 1 application and 

disagree with the calculated payment 

amount or data used in the calculation 

may apply for ERP Phase 2, which will 

allow them to provide their data to FSA 

through a traditional application 

process. 

Participants are required to retain 

documentation in support of their 

application for 3 years after the date of 

approval. All information provided to 

FSA for program eligibility and payment 

calculation purposes, including 

certification that a producer suffered a 

loss due to a qualifying disaster event, 

is subject to spot check. Participants 

receiving ERP Phase 1 payments or any 

other person who furnishes such 

information to USDA must permit 

authorized representatives of USDA or 

the Government Accountability Office, 

during regular business hours, to enter 

the agricultural operation and to 

inspect, examine, and to allow 

representatives to make copies of books, 

records, or other items for the purpose 

of confirming the accuracy of the 

information provided by the participant. 

Applicants have a right to a decision 

in response to their application. If an 

applicant files a late ERP Phase 1 

application, the application is subject to 

the following conditions: 

• A late ERP application will be 

considered a request to waive the 

deadline. 

• Requests to waive or modify 

program provisions are at the discretion 

of the Deputy Administrator. The 

Deputy Administrator has the authority 

to waive or modify application 

deadlines and other requirements or 

program provisions not specified in law 

in cases where the Deputy 

Administrator determines it is (1) 

equitable to do so and (2) where the 

lateness or failure to meet such other 

requirements or program provisions do 

not adversely affect the operation of 

ERP. 

• Applicants who request to waive or 

modify ERP provisions do not have a 

right to a decision on those requests. 

• The Deputy Administrator’s refusal 

to exercise discretion on requests to 

waive or modify ERP provisions will not 

be considered an adverse decision and 

is, by itself, not appealable. 

Any payment under ERP will be made 

without regard to questions of title 

under State law and without regard to 

any claim or lien. The regulations 

governing offsets in 7 CFR part 3 apply 

to ERP payments. 

If any person who would otherwise be 

eligible to receive a payment dies before 

the payment is received, payment may 

be released as specified in 7 CFR 707.3. 

Similarly, if any person or legal entity 

who would otherwise have been eligible 

to apply for a payment dies or is 

dissolved, respectively, before the 

payment is applied for, payment may be 

released in accordance with this 

document if a timely application is filed 

by an authorized representative. Proof of 

authority to sign for the deceased 

producer or dissolved entity must be 

provided. If a participant is now a 

dissolved general partnership or joint 

venture, all members of the general 

partnership or joint venture at the time 

of dissolution or their duly authorized 

representatives must sign the 

application for payment. Eligibility of 

such participant will be determined, as 

it is for other participants, based upon 

ownership share and risk in producing 

the crop. 

In either applying for or participating 

in ERP, or both, the producer is subject 

to laws against perjury (including, but 

not limited to, 18 U.S.C. 1621). If the 

producer willfully makes and represents 

as true any verbal or written declaration, 

certification, statement, or verification 

that the producer knows or believes not 

to be true, in the course of either 

applying for or participating in ERP, or 

both, then the producer may be found 

to be guilty of perjury. Except as 

otherwise provided by law, if guilty of 

perjury the applicant may be fined, 

imprisoned for not more than 5 years, or 

both, regardless of whether the producer 

makes such verbal or written 

declaration, certification, statement, or 

verification within or outside the United 

States. 

For the purposes of the effect of a lien 

on eligibility for Federal programs (28 

U.S.C. 3201(e)), USDA waives the 

restriction on receipt of funds under 

ERP but only as to beneficiaries who, as 

a condition of the waiver, agree to apply 

the ERP payments to reduce the amount 

of the judgment lien. 

In addition to any other Federal laws 

that apply to ERP, the following laws 

apply: 15 U.S.C. 714; and 18 U.S.C. 286, 

287, 371, and 1001. 

Paperwork Reduction Act 

Requirements 

In compliance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), FSA is requesting 

comments from interested individuals 

and organizations on the information 

collection request associated with ERP. 

After the 60-day period ends, the 

information collection request will be 

submitted to the Office of Management 

and Budget (OMB) for a 3-year approval 

to cover ERP information collection. To 

start the ERP information collection 

approval, prior to publishing this notice, 

FSA received emergency approval from 

OMB for 6 months. The emergency 

approval covers ERP information 

collection activities. 

Title: ERP. 

OMB Control Number: 0560–0309. 

Type of Request: New Collection. 

Abstract: FSA will make payments to 

eligible producers who suffered losses 

to crops, trees, bushes, and vines due to 

wildfires, hurricanes, floods, derechos, 

excessive heat, winter storms, freeze 

(including a polar vortex), smoke 

exposure, excessive moisture, qualifying 

drought, and related conditions 

occurring in calendar years 2020 and 

2021. This request includes both ERP 

Phase 1, which uses a streamlined 

application process for producers whose 

data is already on file with FSA or 

RMA, and ERP Phase 2, which will use 

a traditional application process during 

which producers will provide the 

information required to calculate a 

payment. 

For the following estimated total 

annual burden on respondents, the 

formula used to calculate the total 

burden hour is the estimated average 

time per response multiplied by the 

estimated total annual responses. The 

estimated average time per response is 

rounded to 3 decimal places instead of 

showing all 7 decimal places, so the 

calculation based on the numbers 

shown below is not exact. 

Estimate of Respondent Burden: 

Public reporting burden for this 

information collection is estimated to 

average 0.176 hours per response to 

include the time for reviewing 

instructions, searching for information, 

gathering and maintaining the data, and 

completing and reviewing the collection 

of information. 

Type of Respondents: Individuals or 

households, businesses or other for 

profit farms. 

Estimated Annual Number of 

Respondents: 505,000. 

Estimated Number of Reponses per 

Respondent: 1. 

Estimated Total Annual Responses: 

505,000. 

Estimated Average Time per 

Response: 0.176 hours. 

Estimated Total Annual Burden on 

Respondents: 88,650. 

We are requesting comments on all 

aspects of this information collection to 

help us to: 

(1) Evaluate whether the collection of 

information is necessary for the proper 

performance of the functions of the 

FSA, including whether the information 

will have practical utility; 

(2) Evaluate the accuracy of the FSA’s 

estimate of burden including the 


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14See https://sam.gov/content/assistance-listings. 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; or 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

All comments received in response to 

this notice, including names and 

addresses when provided, will be a 

matter of public record. Comments will 

be summarized and included in the 

submission for Office of Management 

and Budget approval. 

Environmental Review 

The environmental impacts of this 

final rule have been considered in a 

manner consistent with the provisions 

of the National Environmental Policy 

Act (NEPA, 42 U.S.C. 4321–4347), the 

regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and the FSA regulation for 

compliance with NEPA (7 CFR part 

799). ERP is authorized by the 

Extending Government Funding and 

Delivering Emergency Assistance Act. 

The intent of ERP Phase 1 is to provide 

payments to producers who suffered 

eligible crop, tree, bush, and vine losses 

due to wildfires, hurricanes, floods, 

derechos, excessive heat, winter storms, 

freeze (including a polar vortex), smoke 

exposure, excessive moisture, and 

qualifying drought, and related 

conditions occurring in calendar years 

2020 and 2021. 

The limited discretionary aspects of 

the program (for example, determining 

payment limitations) were designed to 

be consistent with established FSA 

disaster programs. As such, the 

Categorical Exclusions found at 7 CFR 

part 799.31 apply, specifically 7 CFR 

799.31(b)(6)(iv) and (vi) (that is, 

§ 799.31(b)(6)(iv) Individual farm 

participation in FSA programs where no 

ground disturbance or change in land 

use occurs as a result of the proposed 

action or participation; and 

§ 799.31(b)(6)(vi) Safety net programs 

administered by FSA). No Extraordinary 

Circumstances (7 CFR 799.33) exist. As 

such, FSA has determined that the 

implementation of ERP and the 

participation in ERP do not constitute 

major Federal actions that would 

significantly affect the quality of the 

human environment, individually or 

cumulatively. Therefore, FSA will not 

prepare an environmental assessment or 

environmental impact statement for this 

regulatory action. 

Federal Assistance Programs 

The title and number of the Federal 

assistance programs, as found in the 

Assistance Listing,14 to which this 

document applies is 10.964—Emergency 

Relief Program. 

USDA Non-Discrimination Policy 

In accordance with Federal civil 

rights law and U.S. Department of 

Agriculture (USDA) civil rights 

regulations and policies, USDA, its 

Agencies, offices, and employees, and 

institutions participating in or 

administering USDA programs are 

prohibited from discriminating based on 

race, color, national origin, religion, sex, 

gender identity (including gender 

expression), sexual orientation, 

disability, age, marital status, family or 

parental status, income derived from a 

public assistance program, political 

beliefs, or reprisal or retaliation for prior 

civil rights activity, in any program or 

activity conducted or funded by USDA 

(not all bases apply to all programs). 

Remedies and complaint filing 

deadlines vary by program or incident. 

Persons with disabilities who require 

alternative means of communication for 

program information (for example, 

Braille, large print, audiotape, American 

Sign Language, etc.) should contact the 

responsible Agency or USDA TARGET 

Center at (202) 720–2600 or (844) 433– 

2774 (toll-free nationwide). 

Additionally, program information may 

be made available in languages other 

than English. 

To file a program discrimination 

complaint, complete the USDA Program 

Discrimination Complaint Form, AD– 

3027, found online at https://

www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and 

at any USDA office or write a letter 

addressed to USDA and provide in the 

letter all the information requested in 

the form. To request a copy of the 

complaint form, call (866) 632–9992. 

Submit your completed form or letter to 

USDA by mail to: U.S. Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410 or email: OAC@

usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

Zach Ducheneaux, 

Administrator, Farm Service Agency. 

[FR Doc. 2022–10628 Filed 5–17–22; 8:45 am] 

BILLING CODE 3410–05–P 

COMMISSION ON CIVIL RIGHTS 

Notice of Public Meetings of the 

Kansas Advisory Committee 

AGENCY: U.S. Commission on Civil 

Rights. 

ACTION: Announcement of meeting. 

SUMMARY: Notice is hereby given, 

pursuant to the provisions of the rules 

and regulations of the U.S. Commission 

on Civil Rights (Commission) and the 

Federal Advisory Committee Act that 

the Kansas Advisory Committee 

(Committee) will hold a series of 

meeting(s) via web conference on, May 

26, 2022; June 9, 2022 and June 23, 2022 

at 12:00 p.m. Central Time. The purpose 

of the meetings is for the committee to 

discuss potential topics and panelists 

for the upcoming briefing(s). 

DATES: The meeting will be held on: • Thursday, May 26, 2022 at 12:00 p.m.–1:00 

p.m. Central Time 

• Thursday, June 9, 2022 at 12:00 p.m.–1:00 

p.m. Central Time 

• Thursday, June 23, 2022 at 12:00 p.m.–1:00 

p.m. Central Time 

https://civilrights.webex.com/civilrights/

j.php?MTID=m5f3e3516a1

d9b8db382795f2452d782a or Join by 

phone: 800–360–9505, USA Toll Free 

Access code: 2763 733 5933 

FOR FURTHER INFORMATION CONTACT: 

David Barreras, Designated Federal 

Officer, at dbarreras@usccr.gov or (202) 

656–8937 

SUPPLEMENTARY INFORMATION: Members 

of the public may listen to this 

discussion through the above call-in 

number. An open comment period will 

be provided to allow members of the 

public to make a statement as time 

allows. Callers can expect to incur 

regular charges for calls they initiate 

over wireless lines, according to their 

wireless plan. The Commission will not 

refund any incurred charges. 

Individuals who are deaf, deafblind and 

hard of hearing may also follow the 

proceedings by first calling the Federal 

Relay Service at 1–800–877–8339 and 

providing the Service with the 

conference call number and conference 

ID number. 

Members of the public are entitled to 

submit written comments; the 

comments must be received in the 

regional office within 30 days following 

the meeting. Written comments may be 

emailed to David Barreras at dbarreras@

usccr.gov. 

Records generated from this meeting 

may be inspected and reproduced at the 

Regional Programs Unit Office, as they 

become available, both before and after 

the meeting. Records of the meeting will 

be available via www.facadatabase.gov 

under the Commission on Civil Rights, 


lotter on DSK11XQN23PROD with NOTICES1