Emergency Relief 

Program (ERP 2022)

Disaster Recovery Assistance for Commodity 

and Specialty Crop Producers

Background

On December 29, 2022, President 

Biden signed into law the Disaster Relief 

Supplemental Appropriations Act, 2023 (Pub. 

L. 117-328), which includes over $3.74 billion in 

assistance to agricultural producers impacted 

by wildfires, qualifying droughts, hurricanes, 

winter storms, and other eligible disasters 

experienced during calendar year 2022.

Overview

ERP 2022 covers crop production, including 

certain quality losses, and losses of trees due 

to qualifying natural disaster events that 

occurred in calendar year 2022.

For impacted producers, FSA will be 

administering emergency relief to eligible 

producers through a two-track process:

 Track 1 will leverage existing Federal 

Crop Insurance or Noninsured Crop 

Disaster Assistance Program (NAP)

data as the basis for calculating initial 

payments.

 Track 2 will be intended to fill additional 

assistance gaps and cover eligible 

producers who did not participate in 

existing risk management programs.

This two-track approach enables USDA to 

streamline the application process to reduce 

the burden on producers, proactively include 

underserved producers who have been 

left out of past relief efforts and encourage 

participation in existing risk management 

tools that can help producers handle future 

extreme weather events. 

Eligibility — Track 1

Eligible crops and trees included in Track 

1, include crops for which federal crop 

insurance or NAP coverage was available 

and a crop insurance indemnity or 

NAP payment was received, except for 

crops intended for grazing. Qualifying 

natural disaster events include: wildfires, 

tornadoes, hurricanes, floods, derechos, 

excessive heat, winter storms, freeze, 

smoke exposure, excessive moisture, 

qualifying drought, and related conditions.

For ERP 2022 eligibility, “related conditions” 

are damaging weather and adverse natural 

occurrences that occurred concurrently 

with and as a direct result of a specified 

qualifying disaster event. They include:

 Excessive wind that occurred as a 

direct result of a derecho;

 Silt and debris that occurred as a 

direct result of flooding;

 Excessive wind, storm surges, tropical 

storms, and tropical depressions 

that occurred as a direct result of a 

hurricane; and

 Excessive wind and blizzards that 

occurred as a direct result of a winter 

storm.

For “qualifying drought”, ERP 2022 

assistance is available if any area within the 

county in which the loss occurred was rated 

by the U.S. Drought Monitor as having a 

drought intensity of:

 D2 (severe drought) for eight 

consecutive weeks; or

 D3 (extreme drought) or higher level 

of drought intensity.

A list of 2022 drought counties eligible for 

ERP 2022 are available on the emergency 

relief website.

For More Info

Additional USDA disaster 

assistance information can 

be found on farmers.gov, 

the Disaster Assistance 

Discovery Tool, Disasterat-a-Glance fact sheet, 

and Farm Loan Assistance 

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. 

OCTOBER 2023 fsa.usda.gov
ERP DISASTER RECOVERY ASSISTANCE FOR COMMODITY AND SPECIALTY CROP PRODUCERS 2

Eligible Producers

Eligible Producer is an individual or legal entity that is entitled to 

a share and is at risk in the eligible crop, or would have shared 

had the eligible crop been produced, and is any of the following: 

 Citizen of the United States;

 Resident alien, which for purposes of ERP 2022 means 

“lawful alien” as defined in 7 CFR part 1400;

 Partnership organized under state law;

 Corporation, limited liability company, or other 

organizational structure organized under state law;

 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); or

 Foreign person or foreign entity who meets all 

requirements as described in 7 CFR part 1400.

How to Apply — Track 1

To simplify the delivery of ERP 2022 Track 1 benefits; FSA will 

send pre-filled application forms (FSA-523) to producers whose 

crop insurance and NAP data is already on file because they 

received a crop insurance indemnity or NAP payment.

This form includes eligibility requirements, outlines the 

application process, and provides ERP 2022 payment 

information. Receipt of a pre-filled application is not 

confirmation that a producer is eligible to receive an ERP 2022 

Track 1 payment. Producers will need to return completed and 

signed ERP 2022 Track 1 applications to be processed in their 

FSA recording county office.

Producers must also have the following forms on file with FSA 

within a subsequently announced deadline as determined by the 

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)

 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 

2022 producer and applicable affiliates.

Most producers, especially those who have previously 

participated in FSA programs will likely have these required 

forms on file. However, those who are uncertain or want to 

confirm should contact their local FSA county office.

In addition to the forms listed above, certain producers will also 

need to submit the following forms to qualify for an increased 

payment limitation or payment amount.

 Form FSA-510, Request for an Exception to the $125,000 

Payment Limitation for Certain Programs.

 Form CCC-860, Socially Disadvantaged, Limited Resource, 

Beginning and Veteran Farmer or Rancher Certification, for 

program year 2022.

How Payments are Calculated — 

Track 1

RMA and FSA will calculate ERP 2022 Track 1 payments for 

insured crops based on the data on file with the agencies at the 

time of calculation. RMA and FSA will calculate each producer’s 

loss consistent with the loss procedures for the type and level 

of coverage purchased but using the ERP 2022 program factor 

in lieu of the coverage level obtained by the producer. This 

calculated amount would then be adjusted by progressive 

payment factoring for RMA insured payments, weighted to the 

crop by the Estimated ERP 2022 Payment (prior to adjustments) 

to determine if it is specialty and non-specialty. 

Additionally, for underserved producers, the producer’s share 

of premiums and administrative fees are added to the payment, 

which then equals the Gross ERP 2022 Track 1 payment.

Crop(s) covered under Whole-Farm Revenue Protection/Micro 

Farm or Whole Farm Unit policies are treated as a single crop for 

payment calculation purposes. 

Producers that receive a Track 1 application including these 

policies or unit must certify to the percentage of their expected 

revenue or total liability for the unit, as applicable, from specialty 

crops. Producers may refer to their Summary of Coverage or 

Schedule of Insurance to review all crops covered under their 

policy to make this determination. The “single crop” will be 

determined specialty or non-specialty based on the producer 

certified percentage of Expected Revenue or Liability from 

specialty crops for payment limitation purposes.

PROGRESSIVE FACTORING APPLIED TO RMA INSURED 

TRACK 1 ERP 2022 PAYMENTS

Payment Range Progressive Factor (Percentage)

Up to $2,000 100

$2,001 to $4,000 80

$4,001 to $6,000 60

$6,001 to $8,000 40

$8,001 to $10,000 20

Over $10,000 10
ERP DISASTER RECOVERY ASSISTANCE FOR COMMODITY AND SPECIALTY CROP PRODUCERS 3

The NAP calculated payment will be achieved by calculating: 

 a recomputed NAP payment using the ERP 2022 factor in 

lieu of the coverage level, minus

 actual NAP payment issued for the year, plus

 service fees and paid premiums for underserved producers. 

Progressive factoring does not apply to NAP Track 1 payments.

FSA will apply a final payment factor of 75 percent to all 

ERP 2022 Track 1 payments. This includes payments for 

crops covered by crop insurance, NAP, and those issued to 

underserved producers, to ensure payments do not exceed 

available funding. 

ERP 2022 Track 1 payments are based on the producer 

certification that the calculated RMA indemnity or NAP payment 

received was due, in whole or in part, to a crop production loss 

or tree loss caused by a qualifying disaster event or related 

condition occurring in calendar year 2022. Additionally, the 

applicant must agree to purchase crop insurance or NAP 

coverage, as applicable, for the crop at a 60/100 coverage level or 

higher for insured crops or at the basic 50/55 (catastrophic) level 

or higher for NAP crops, for the next 2 available crop years, and 

complete the linkage requirement by year 2027. 

ERP 2022 Factor Tables

ERP 2022 factor tables can be found below.

CROP INSURANCE LEVEL ERP 2022 FACTOR 

(PERCENT)

Catastrophic coverage 75

More than catastrophic coverage but less 

than 55 percent

80

At least 55 percent but less than 60 percent 82.5

At least 60 percent but less than 65 percent 85

At least 65 percent but less than 70 percent 87.5

At least 70 percent but less than 75 percent 90

At least 75 percent but less than 80 percent 92.5

At least 80 percent 95

NAP COVERAGE LEVEL ERP FACTOR 

(PERCENT)

Catastrophic coverage 75

50 percent 80

55 percent 85

60 percent 90

65 percent 95

Because the amount of loss due to a qualifying disaster event 

in calendar year 2022 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 2022 Track 1 

payment will be calculated based on the producer’s loss due to all 

eligible causes of loss.

Underserved Producers

For Track 1, an underserved producer’s share of premiums 

and administrative fees are added to the Estimated ERP 2022 

Payment.

To qualify for the higher payment, 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 applicable program year.

Payment Limitation and Adjusted 

Gross Income

The payment limitation for ERP 2022 is determined by the 

person’s or legal entity’s average adjusted gross farm income 

(AGI). Average adjusted gross farm income is the average of 

the person or legal entity’s gross income derived from farming, 

ranching, or forestry operations for three taxable years preceding 

the most immediately preceding complete taxable year.

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 & high value crops and 

$125,000 in payment for non-specialty & all other crops under 

ERP 2022 (for Track 1 and Track 2 combined) for program year 

2022, if their average adjusted gross farm income is less than 75 

percent of their average AGI the three taxable years preceding 

the most immediately preceding complete tax year.

For Track 1, specialty and non-specialty crops are referenced. For 

Track 2, specialty, high value crops, and other crops are included. 

High value crops are not applicable for Track 1.

Trees covered under a crop insurance policy are considered 

specialty crops for Track 1 for payment limitation purposes.

If at least 75 percent of the person or legal entity’s average AGI 

is farm income (income derived from farming, ranching, and 

forestry related activities) the person or legal entity, other than a 

joint venture or general partnership, is eligible to receive, directly 

or indirectly, up to:

 $900,000 for program year 2022 for specialty crops/highvalue; and

 $250,000 for program year for 2022 for all other crops.

The sale of equipment used to conduct farm, ranch and forestry 

operations and the provision of production inputs and services to 

farmers, ranchers, foresters, and farm operations is included in 
ERP DISASTER RECOVERY ASSISTANCE FOR COMMODITY AND SPECIALTY CROP PRODUCERS 4

USDA is an equal opportunity provider, employer, and lender. fsa.usda.gov

the average adjusted gross farm income, if the average adjusted 

gross farm income is at least 66.66 percent of the average AGI of 

the person or legal entity.

The relevant tax years for establishing a producer’s AGI and 

percentage of farm income for program year 2022 are:

 2018, 2019, and 2020.

For legal entities not required to file a federal income tax return, 

or for persons and entities with no taxable income in one or more 

tax years, the average will be the adjusted gross farm income, 

including losses, averaged for the three taxable years preceding 

the most immediately preceding complete taxable year.

A new legal entity will have adjusted gross farm income 

averaged only for the years of the base period for which it was in 

business. A new legal entity will not be considered “new” to the 

extent it takes over an existing operation and has any elements 

of common ownership interest and land with the preceding 

person or legal entity. If such commonality exists, then the 

income of the previous person or legal entity will be averaged 

with that of the new legal entity for the base period.

For a person filing a joint tax return, the certification of average 

adjusted farm income will be reported as if the person had filed a 

separate federal tax return and the calculation is consistent with 

the information supporting the filed joint return.

To request the increased payment limitation, participants must 

file form FSA-510 certifying their average adjusted gross farm 

income is at least 75% of their average AGI, accompanied by a 

certification from a certified public accountant (CPA) or attorney 

that the participant meets the requirements. If the participant is 

an entity and files the FSA-510, the payment limitation for the 

entity may increase, however if the members of the entity do not 

file FSA-510s, their payment limitation will remain at $125,000, 

and the payments for the entity will be reduced accordingly. To 

learn more, contact your local FSA service center.

Additional Information

Producers who apply for Track 1 may also apply for Track 2 

but their Track 1 payment will be reduced from any Track 2 

payment. 

A Track 2 fact sheet is also available for producers seeking 

additional guidance on Track 2.