Emergency Assistance for Agricultural Land Rehabilitation

Changes from July 15, 2021 to January 24, 2023

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Emergency Assistance for Agricultural Land
~~July 15, 2021~~January 24, 2023
Rehabilitation
Megan Stubbs
The U.S. Department of Agriculture (USDA) administers several permanently The U.S. Department of Agriculture (USDA) administers several permanently
authorized Specialist in Agricultural Specialist in Agricultural
~~authorized~~ programs to help producers recover from natural disasters. Most of these programs to help producers recover from natural disasters. Most of these
programs offer financial Conservation and Natural Conservation and Natural
~~programs offer financial~~ assistance to producers for a loss in the production of crops or assistance to producers for a loss in the production of crops or
~~Resources Policy~~
livestock. In addition to the livestock. In addition to the Resources Policy production assistance programs, USDA also has several production assistance programs, USDA also has several

permanent disaster assistance programs permanent disaster assistance programs that help producers restore damaged crop and that help producers restore damaged crop and

forest land following natural disasters. These programs offer financial and technical forest land following natural disasters. These programs offer financial and technical
assistance to producers to repair, restore, and mitigate assistance to producers to repair, restore, and mitigate damage on private land. These emergency agricultural land damage on private land. These emergency agricultural land
assistance programs include the Emergency Conservation Program (ECP), the Emergency Forest Restoration assistance programs include the Emergency Conservation Program (ECP), the Emergency Forest Restoration
Program (EFRP), and the Emergency Watershed Protection (EWP) program. In addition to these programs, USDA Program (EFRP), and the Emergency Watershed Protection (EWP) program. In addition to these programs, USDA
also has flexibilityalso has flexibility in administering other programs that assist with the repair of damaged cropland in the event of in administering other programs that assist with the repair of damaged cropland in the event of
an emergency. an emergency.
Both ECP and EFRP are administered by USDA’s Farm Service Agency (FSA). ECP assists landowners in Both ECP and EFRP are administered by USDA’s Farm Service Agency (FSA). ECP assists landowners in
restoring agricultural production damaged by natural disasters. Participants are paid a percentage of the cost to restoring agricultural production damaged by natural disasters. Participants are paid a percentage of the cost to
restore the land to a productive state. ECP is availablerestore the land to a productive state. ECP is available only on private land, and eligibilityonly on private land, and eligibility is determined is determined ~~local y.~~
locally. EFRP was created to assist private forestland owners to address damage caused by a natural disaster on EFRP was created to assist private forestland owners to address damage caused by a natural disaster on
nonindustrial private forest land. nonindustrial private forest land.
The EWP program is administered by USDA’s Natural Resources Conservation Service (NRCS) and the U.S. The EWP program is administered by USDA’s Natural Resources Conservation Service (NRCS) and the U.S.
Forest Service (USFS). The EWP program assists sponsors, landowners, and operators in implementing Forest Service (USFS). The EWP program assists sponsors, landowners, and operators in implementing
emergency recovery measures for runoff retardation and erosion prevention to relieve imminent hazards to life emergency recovery measures for runoff retardation and erosion prevention to relieve imminent hazards to life
and property created by a natural disaster. In some cases this can include state and federal land. The EWP and property created by a natural disaster. In some cases this can include state and federal land. The EWP
floodplain easement program, a subprogram of the EWP program, is a mitigation program that pays for permanent floodplain easement program, a subprogram of the EWP program, is a mitigation program that pays for permanent
easements on private land meant to safeguard lives and property from future floods, drought, and the easements on private land meant to safeguard lives and property from future floods, drought, and the
consequences of erosion. consequences of erosion.
Funding for emergency agricultural land assistance varies greatly from year to year. Since most agricultural land Funding for emergency agricultural land assistance varies greatly from year to year. Since most agricultural land
assistance programs do not receive the level of attention that triggers a standalone supplemental assistance programs do not receive the level of attention that triggers a standalone supplemental ~~bil~~ bill, annual , annual
appropriation appropriation ~~bil s~~bills are increasingly seen as a vehicle for funding these programs. The timing of annual are increasingly seen as a vehicle for funding these programs. The timing of annual
appropriation appropriation ~~bil s~~bills may not coincide with natural disasters, thus leaving some programs without funding during may not coincide with natural disasters, thus leaving some programs without funding during
times when the volume of requests for assistance is high. This funding method has led some to suggest that times when the volume of requests for assistance is high. This funding method has led some to suggest that
Congress authorize permanent mandatory funding similar to other agricultural disaster assistance programs that Congress authorize permanent mandatory funding similar to other agricultural disaster assistance programs that
respond to crop and livestock production losses. respond to crop and livestock production losses.
Restrictions placed on supplemental appropriations for disaster assistance can change the way the agricultural Restrictions placed on supplemental appropriations for disaster assistance can change the way the agricultural
land assistance programs land assistance programs ~~al ocate~~allocate funding, funding, ~~potential y~~potentially assisting with fewer natural disasters. Language restricting assisting with fewer natural disasters. Language restricting
funding to specific disaster events, years, or disaster declarations can provide congressional intent for program funding to specific disaster events, years, or disaster declarations can provide congressional intent for program
implementation. Also, since agricultural land assistance program funds are implementation. Also, since agricultural land assistance program funds are ~~typical y~~typically available until expended, this available until expended, this
restricting language can limit what areas may receive future assistance with any remaining funds. restricting language can limit what areas may receive future assistance with any remaining funds. ~~Additional y,~~
Additionally, emergency agricultural land assistance programs do not emergency agricultural land assistance programs do not ~~normal y~~normally require a federal disaster declaration, such as require a federal disaster declaration, such as
those declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, 42 those declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, 42
U.S.C. §§5121-5207). Therefore, the requirement of a Stafford Act declaration has become a limiting factor in the U.S.C. §§5121-5207). Therefore, the requirement of a Stafford Act declaration has become a limiting factor in the
way agricultural land assistance programs work, way agricultural land assistance programs work, ~~potential y~~potentially reducing the number of eligible natural disaster reducing the number of eligible natural disaster
events. events.
Congressional Research Service Congressional Research Service

Emergency Assistance for Agricultural Land Rehabilitation

Overview
Natural disasters can have varying effects on the landscape. For agricultural producers, natural Natural disasters can have varying effects on the landscape. For agricultural producers, natural
disasters are part of the inherent risk of doing business. The federal role for mitigating weather disasters are part of the inherent risk of doing business. The federal role for mitigating weather
risk is primarily through federal crop insurance and a suite of agricultural disaster assistance risk is primarily through federal crop insurance and a suite of agricultural disaster assistance
programs to address a producer’s crop or livestock production loss.1programs to address a producer’s crop or livestock production loss.1
Other, separate U.S. Department of Agriculture (USDA) programs are designed to repair Other, separate U.S. Department of Agriculture (USDA) programs are designed to repair
agricultural and forest land following a natural disaster and agricultural and forest land following a natural disaster and ~~potential y~~potentially mitigate future risk. These mitigate future risk. These
programs offer financial and technical assistance to producers to repair, restore, and mitigate programs offer financial and technical assistance to producers to repair, restore, and mitigate
damage on private land. Agricultural land assistance programs include the Emergency damage on private land. Agricultural land assistance programs include the Emergency
Conservation Program (ECP), the Emergency Forest Restoration Program (EFRP), and the Conservation Program (ECP), the Emergency Forest Restoration Program (EFRP), and the
Emergency Watershed Protection (EWP) program. In addition to these programs, USDA also has Emergency Watershed Protection (EWP) program. In addition to these programs, USDA also has
flexibilityflexibility in administering other programs that in administering other programs that ~~al ow~~allow for support and repair of damaged cropland for support and repair of damaged cropland
in the event of an emergency. in the event of an emergency.
This report describes these emergency agricultural land assistance programs. It presents This report describes these emergency agricultural land assistance programs. It presents
background on the programs—purpose, activities, authority, eligibilitybackground on the programs—purpose, activities, authority, eligibility requirements, and requirements, and
authorized program funding levels—as authorized program funding levels—as ~~wel~~ well as current congressional issues. as current congressional issues.
Federal Emergency Assistance for Agricultural and
Rural Land
Agricultural land assistance programs help producers rehabilitate crop and forest land following Agricultural land assistance programs help producers rehabilitate crop and forest land following
natural disasters. These programs are described below. natural disasters. These programs are described below.
Emergency Conservation Program
Purpose, Activities, and Authority
The Emergency Conservation Program (ECP) assists landowners in restoring land used in The Emergency Conservation Program (ECP) assists landowners in restoring land used in
agricultural production when damaged by a natural disaster. This can include removing debris, agricultural production when damaged by a natural disaster. This can include removing debris,
restoring fences and conservation structures, and providing water for livestock in drought restoring fences and conservation structures, and providing water for livestock in drought
situations. Restoration practices are authorized by the Farm Service Agency (FSA) county situations. Restoration practices are authorized by the Farm Service Agency (FSA) county
committee, with approval from state FSA committees, and the FSA national office.2 committee, with approval from state FSA committees, and the FSA national office.2
Payments are made to individual Payments are made to individual producers based on a share of the cost of completing the producers based on a share of the cost of completing the
practice. This can be up to 75% of the cost, or up to 90% of the cost if the producer is considered practice. This can be up to 75% of the cost, or up to 90% of the cost if the producer is considered

1 Most of the U.S. Department of Agriculture (USDA)1 Most of the U.S. Department of Agriculture (USDA) disaster assistance programs offer financial assistance to disaster assistance programs offer financial assistance to
producers for a loss or reduction in production. producers for a loss or reduction in production. ~~T hese~~These programs include programs include federal crop insurance, the Noninsured Crop federal crop insurance, the Noninsured Crop
Disaster Assistance Program (NAP), and emergency disaster loans. Disaster Assistance Program (NAP), and emergency disaster loans. ~~T he~~The 2014 farm bill (P.L. 113-79) authorized and 2014 farm bill (P.L. 113-79) authorized and
fundedfunded four disaster programs to cover production losses from weather events, beginning in FY2012. four disaster programs to cover production losses from weather events, beginning in FY2012. ~~T hese~~These programs programs
typically cover only production losses and not damage to the land or production practices. typically cover only production losses and not damage to the land or production practices. ~~T hese~~These programs are not programs are not
discusseddiscussed in this report. For additional information, see CRSin this report. For additional information, see CRS Report RS21212, Report RS21212, Agricultural Disaster Assistance; and ; and
CRSCRS In FocusIn Focus IF10565, IF10565, Federal Disaster Assistance for Agriculture. .
2 Farm Service 2 Farm Service Agency (FSA)Agency (FSA) county and state committees are composed of locally elected farmers and ranchers who county and state committees are composed of locally elected farmers and ranchers who
adviseadvise ~~FSA~~ FSA on agriculturalon agricultural programs such asprograms such as commodity price support loans and payments; conservation programs; commodity price support loans and payments; conservation programs;
incentive, indemnity, and disaster payments for some commodities; payment eligibility; and emergency programs. For incentive, indemnity, and disaster payments for some commodities; payment eligibility; and emergency programs. For
additional information, see CRSadditional information, see CRS Report R40179, Report R40179, Farm Service Agency ~~Com m ittees~~Committees: In Brief. .
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Emergency Assistance for Agricultural Land Rehabilitation

to be a limited-resource, to be a limited-resource, ~~social y~~socially disadvantaged, or beginning farmer or rancher.3 Total payments disadvantaged, or beginning farmer or rancher.3 Total payments
for a single event may not exceed 50% of the agricultural value of the land. Payments are made for a single event may not exceed 50% of the agricultural value of the land. Payments are made
following completion and inspection of the practicefollowing completion and inspection of the practice~~, except in cases of fencing~~. Producers have . Producers have
~~the option when repairing or replacing fence under ECP~~the option to receive up to to receive up to 25% of the cost of a practice before the restoration is carried out~~25% of the fair market~~
~~value of the cost before repairing or replacing the fence~~. Any funds not used within 60 days must . Any funds not used within 60 days must
be returned.4 be returned.4
The ECP was created under Title IV of the Agricultural Credit Act of 1978 (P.L. 95-334) and The ECP was created under Title IV of the Agricultural Credit Act of 1978 (P.L. 95-334) and
codified at 16 U.S.C. Sections 2201-2205. The program is permanently authorized, subject to codified at 16 U.S.C. Sections 2201-2205. The program is permanently authorized, subject to
appropriations. Authorized funding is for “such funds as may be necessary,” and once appropriations. Authorized funding is for “such funds as may be necessary,” and once
appropriated, funds are appropriated, funds are ~~typical y available~~ typically available until expended. until expended.
Eligible Land
Land eligibility Land eligibility is determined by the FSA county committee except in the event of a drought, in is determined by the FSA county committee except in the event of a drought, in
which case the national FSA office authorizes the use of funds. Following an on-site inspection, which case the national FSA office authorizes the use of funds. Following an on-site inspection,
the land may be considered eligiblethe land may be considered eligible if it is determined that the lack of treatment would if it is determined that the lack of treatment would
 impair or endanger the land;  impair or endanger the land;
  ~~material y~~materially affect the productive capacity of the land; affect the productive capacity of the land;
 lead to damage that is unusual in character and, except for wind erosion, is not  lead to damage that is unusual in character and, except for wind erosion, is not
the type that would recur frequently in the same area; and the type that would recur frequently in the same area; and
 be so costly to rehabilitate that future federal assistance is or would be required to  be so costly to rehabilitate that future federal assistance is or would be required to
return the land to productive agricultural use.5 return the land to productive agricultural use.5
Land conservation issues that existed prior to the natural disaster are not eligible Land conservation issues that existed prior to the natural disaster are not eligible for assistance. for assistance.
Land subject to frequent damage or susceptible to severe damage may also be considered Land subject to frequent damage or susceptible to severe damage may also be considered
ineligible.6ineligible.6
Federally and state-owned land is eligible only if leased by an eligible participant who would directly benefit from ECP assistance.7 Eligible Participant
An eligible An eligible participant is defined as an agricultural producer with an interest in the land affected participant is defined as an agricultural producer with an interest in the land affected
by the natural disaster. The applicant must be a landowner or user in the area where the disaster by the natural disaster. The applicant must be a landowner or user in the area where the disaster
occurred and must be a party who occurred and must be a party who ~~wil~~ will incur the expense that is the subject of the ECP cost-share incur the expense that is the subject of the ECP cost-share
application. Participants are limited to $500,000 per natural disaster event.application. Participants are limited to $500,000 per natural disaster event.78
Federal agencies and states, including Federal agencies and states, including al all agencies and political subdivisions of a state, are agencies and political subdivisions of a state, are
~~ineligible~~ ineligible to participate in ECP. to participate in ECP.

~~3 T he~~ 3 The definition of a definition of a limited-resource producer is an applicant with direct or indirect gross is an applicant with direct or indirect gross farm salesfarm sales not more than the not more than the
current indexed value in each of the previous two years who has a total household income at or belowcurrent indexed value in each of the previous two years who has a total household income at or below the national the national
poverty level for a family of four or less than 50% of county median household income in each of the previous two poverty level for a family of four or less than 50% of county median household income in each of the previous two
years. For more information, see USDA’s online self-determination tool at https://lrftool.sc.egov.usda.gov/years. For more information, see USDA’s online self-determination tool at https://lrftool.sc.egov.usda.gov/
Default.aspx. Default.aspx. Socially disadvantaged under the Emergency Conservation Program (ECP) is defined under under the Emergency Conservation Program (ECP) is defined under 7 U.S.C. 7 U.S.C.
§2279 as someone “subjected to racial or §2279 as someone “subjected to racial or ~~et hnic~~ethnic prejudice because prejudice because of their identity as members of a group without of their identity as members of a group without
regardregard to their individual qualities.”to their individual qualities.” ~~T his~~ This definition does not include gender. A definition does not include gender. A beginning farmer or rancher generally generally
is definedis defined as having ownedas having owned or operated a farm or ranch for less or operated a farm or ranch for less ~~t han~~than 10 years. 10 years.
4 16 U.S.C.4 16 U.S.C. ~~§2201(b)~~ §2201(b) and 7 C.F.R. §701.128. .
5 16 U.S.C.5 16 U.S.C. §2201. §2201.
6 Frequency and susceptibility are determined by FSA.6 Frequency and susceptibility are determined by FSA. 7 C.F.R. §701.105(7 C.F.R. §701.105(~~b)(6).~~
~~7 16 U.S.C.~~ c). 7 7 C.F.R. §701.106. 8 16 U.S.C. §2202b. §2202b.
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Funding and Allocation
Funding for ECP varies widely from year to year. Funding is provided through supplemental Funding for ECP varies widely from year to year. Funding is provided through supplemental
appropriations acts and annual appropriations as emergency spendingappropriations acts and annual appropriations as emergency spending. Table 1 provides a funding provides a funding
history for ECPhistory for ECP since FY2014. .
Table 1. Appropriations for the Emergency Conservation Program (ECP),
~~FY2011-FY2021~~FY2014-FY2023
Fiscal Year
Funding
Appropriation and Congressional Direction
~~2021~~2023 (to date) (to date)
$0 $0 2022 $0 2021 $0

2020 2020
$0 $0

2019 2019
$558 mil ion $558 mil ion
P.L. 116-20, for necessary P.L. 116-20, for necessary expenses related to the expenses related to the
consequences of Hurricanes Michael and Florenceconsequences of Hurricanes Michael and Florence and and
wildfireswildfires occurring in calendar year 2018, tornadoes and occurring in calendar year 2018, tornadoes and
floods occurring in calendar year 2019, and other natural floods occurring in calendar year 2019, and other natural
disasters disasters
2018 2018
$400 mil ion $400 mil ion
P.L. 115-123, for necessary expenses related to the P.L. 115-123, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma,consequences of Hurricanes Harvey, Irma, and Maria and of and Maria and of
wildfireswildfires occurring in calendar year 2017 and other natural occurring in calendar year 2017 and other natural
disasters disasters
~~2018~~
~~$28.7 mil ion~~
~~P.L. 115-56, for emergencies not declared a major disaster~~
2017 2017
$28.7 mil ion $28.7 mil ion
P.L. 115-31, for emergencies P.L. 115-31, for emergencies not declared a majornot declared a major disaster disaster
2017 2017
$103 mil ion $103 mil ion
P.L. 114-254 P.L. 114-254
2016 2016
$108 mil ion $108 mil ion
P.L. 114-113, of which $91 mil ion P.L. 114-113, of which $91 mil ion is for majoris for major disasters disasters
declared pursuant to the Robert T. Stafford Disasterdeclared pursuant to the Robert T. Stafford Disaster Relief Relief
and Emergency Assistanceand Emergency Assistance Act (Stafford Act, P.L.Act (Stafford Act, P.L. 93-288) 93-288)
2015 2015
$9.2 mil ion $9.2 mil ion
P.L. 113-235, for major P.L. 113-235, for major disasters declared pursuant to the disasters declared pursuant to the
Stafford Act only Stafford Act only
2014 2014
$0 $0

~~2013~~
~~$10.8 mil ion~~
~~P.L. 113-6a~~
~~2013~~
~~$15 mil ion~~
~~P.L. 113-2, for necessary expenses related to the~~
~~consequences of Hurricane Sandy and major disasters~~
~~declared pursuant to the Stafford Act only~~
~~2012~~
~~$122.7 mil ion~~
~~P.L. 112-55, for major disasters declared pursuant to the~~
~~Stafford Act only~~
~~2011~~
$0

Source: CRS, using historical appropriation and supplemental acts, FY2011-FY2021.
~~a. Funding provided under regular appropriations and includes the Section 3001 and 3004 rescissions of~~
~~2.513%.~~
~~Funding is general y appropriated to remain available~~ Source: CRS using historical appropriation and supplemental acts, FY2014-FY2023. Note: In FY2022, P.L. 117-180, Division G, §104(k)(3) required that available USDA funds used in response to the Hermit’s Peak/Calf Canyon Fire may not be subject to any program’s fund matching requirement. Funding is generally appropriated to remain available until expended. In some instances, until expended. In some instances,
Congress has required that ECP funding be used for specific disasters, activities, or locations. For Congress has required that ECP funding be used for specific disasters, activities, or locations. For
example, a portion of funding appropriated in FY2016 example, a portion of funding appropriated in FY2016 iswas to be used for major disasters declared to be used for major disasters declared
pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act).pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act).89
Since ECP does not Since ECP does not ~~typical y~~typically require a Stafford Act declaration, this requirement limits the use of require a Stafford Act declaration, this requirement limits the use of

~~8 For additional information related to emergency declarations pursuant to the Stafford Act, see CRS Report R41981,~~
Congressional Prim er on Responding to and Recovering from Major Disasters and Em ergencies.
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~~ECP funds to select locations as wel~~ ECP funds to select locations as well as for future disasters. For further discussion, see the as for future disasters. For further discussion, see the “Issues
for Congress” ” section. A permanent restriction on funding was added in the Agricultural Act of section. A permanent restriction on funding was added in the Agricultural Act of
2018 (2018 farm 2018 (2018 farm ~~bil~~ bill, P.L. 115-334), requiring that 25% of , P.L. 115-334), requiring that 25% of al all ECP funding made availableECP funding made available in a in a
fiscal year must be set aside until Aprilfiscal year must be set aside until April 1 of that year for repair and replacement of fencing. This 1 of that year for repair and replacement of fencing. This
set-aside could set-aside could ~~potential y~~potentially reserve funding for an activity that may not be a relevant practice for reserve funding for an activity that may not be a relevant practice for
al all natural disasters, while other projects may have to wait for the reserved funds to be released. natural disasters, while other projects may have to wait for the reserved funds to be released.
9 For additional information related to emergency declarations pursuant to the Stafford Act, see CRS Report R41981, Congressional Primer on Responding to and Recovering from Major Disasters and Emergencies. Congressional Research Service 3 Emergency Assistance for Agricultural Land Rehabilitation Once funding is appropriated, the FSA national office Once funding is appropriated, the FSA national office ~~general y al ocates~~generally allocates ECP funds to the FSA ECP funds to the FSA
state offices. state offices. ~~The local FSA county committees wil then obligate the funds on a first-come, first-~~
~~served basis.9~~Funding is prioritized by FSA according to several factors, such as type and degree of damage, type of practices needed, availability of funds and technical assistance, and environmental and safety concerns.10
Emergency Forest Restoration Program (EFRP)
Purpose, Activities, and Authority
The Emergency Forest Restoration Program (EFRP) provides cost-share assistance to private The Emergency Forest Restoration Program (EFRP) provides cost-share assistance to private
forestland owners to repair and rehabilitate damage caused by natural disasters on nonindustrial forestland owners to repair and rehabilitate damage caused by natural disasters on nonindustrial
private forest land. Natural disasters include wildfires, hurricanes or excessive winds, drought, ice private forest land. Natural disasters include wildfires, hurricanes or excessive winds, drought, ice
storms or blizzards, floods, or other resource-impacting events, as determined by USDA. The storms or blizzards, floods, or other resource-impacting events, as determined by USDA. The
program is administered by FSA.program is administered by FSA.
FSA provides financial assistance for emergency restoration measures that would restore forest FSA provides financial assistance for emergency restoration measures that would restore forest
health and related resources following a disaster. Financial assistance is calculated as the lesser of health and related resources following a disaster. Financial assistance is calculated as the lesser of
75% of the participant’s actual cost of restoration measures or the FSA-established not-to-exceed 75% of the participant’s actual cost of restoration measures or the FSA-established not-to-exceed
rate times the extent of restoration measures performed. The minimum qualifying cost of rate times the extent of restoration measures performed. The minimum qualifying cost of
restoration is restoration is ~~general y~~generally $1,000 per participant but may be higher in some states. $1,000 per participant but may be higher in some states.1011
The EFRP was created under Section 8203 of the Food, Conservation, and Energy Act of 2008 The EFRP was created under Section 8203 of the Food, Conservation, and Energy Act of 2008
(2008 farm (2008 farm ~~bil~~ bill, P.L. 110-246), by adding a new Section 407 to Title IV of the Agricultural Credit , P.L. 110-246), by adding a new Section 407 to Title IV of the Agricultural Credit
Act of 1978. It is codified at 16 U.S.C. Section 2206 and is permanently authorizedAct of 1978. It is codified at 16 U.S.C. Section 2206 and is permanently authorized, subject to subject to
appropriations. Authorized funding is for “such funds as may be necessary,” and once appropriations. Authorized funding is for “such funds as may be necessary,” and once
appropriated, funds are appropriated, funds are ~~typical y~~typically available available until expended. until expended.
Eligible Land
For land to be eligible For land to be eligible for EFRP, it must be nonindustrial private forest land and must for EFRP, it must be nonindustrial private forest land and must
 have existing tree cover or have had tree cover immediately before the natural  have existing tree cover or have had tree cover immediately before the natural
disaster and be suitable for growing trees; disaster and be suitable for growing trees;
 have damage to natural resources caused by a natural disaster, that, if not treated,  have damage to natural resources caused by a natural disaster, that, if not treated,
would impair or endanger the natural resources on the land and would would impair or endanger the natural resources on the land and would ~~material y~~materially
affect future use of the land; and affect future use of the land; and
 be  be ~~physical y~~physically located in a county in which EFRP has been implemented. located in a county in which EFRP has been implemented.1112
Land is ineligible Land is ineligible if it is owned or controlled by the federal government, a state, a state agency, or if it is owned or controlled by the federal government, a state, a state agency, or
a political subdivision of a state. a political subdivision of a state.

~~9 U.S. Department of Agriculture, “Emergency Conservation Program Interim Final Rule,” 71 Federal Register 70889,~~
~~May 26, 2006.~~
~~10 T he minimum qualifying cost of restoration may be waived by the FSA county committee. 7 C.F.R. §701.210.~~
~~11 7 C.F.R. §701.205.~~
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~~link to page 8 link to page 8~~ Eligible Participant Eligible recipients include owners of nonindustrial private forest land, defined as rural land with existing tree cover or that is suitable for growing trees that is owned by an individual, group, association, corporation, Indian Tribe, or other private legal entity.13 Owners or lessees principally 10 7 C.F.R. §701.16. 11 The minimum qualifying cost of restoration may be waived by the FSA county committee. 7 C.F.R. §701.210. 12 7 C.F.R. §701.205. 13 Eligible participants may also include someone who receives concurrence from the nonindustrial private forest Congressional Research Service 4 link to page 8 Emergency Assistance for Agricultural Land Rehabilitation ~~Emergency Assistance for Agricultural Land Rehabilitation~~

~~Eligible Participant~~
~~Eligible recipients include owners of nonindustrial private forest land, defined as rural~~
~~commercial forest land that is owned by an individual, group, association, corporation, Indian~~
~~Tribe, or other private legal entity.12 Owners or lessees principal y~~ engaged in the primary engaged in the primary
processing of raw wood products are not eligible. A payment limitationprocessing of raw wood products are not eligible. A payment limitation of $500,000 per person or of $500,000 per person or
legal entity applies per natural disaster event. legal entity applies per natural disaster event.
Funding and Allocation
Funding for EFRP varies widely from year to year. Funding is provided through supplemental Funding for EFRP varies widely from year to year. Funding is provided through supplemental
appropriations acts and annual appropriations as emergency spendingappropriations acts and annual appropriations as emergency spending. Table 2 provides a funding provides a funding
history for EFRPhistory for EFRP since FY2014. .
Table 2. Appropriations for Emergency Forest Restoration Program (EFRP),
~~FY2011-FY2021~~FY2014-FY2023
Fiscal Year
Funding
Appropriation and Congressional Direction
~~2021~~2023 (to date) $27 mil ion P.L. 117-328 2022 $0 2021 $ ~~(to date)~~
$0 0

2020 2020
$0 $0

2019 2019
$480 mil ion $480 mil ion
P.L. 116-20, for necessary P.L. 116-20, for necessary expenses related to the consequences expenses related to the consequences
of Hurricanesof Hurricanes Michael and FlorenceMichael and Florence and wildfiresand wildfires occurring in occurring in
calendar year 2018, tornadoes and floods occurring in calendar calendar year 2018, tornadoes and floods occurring in calendar
year 2019, and other natural disasters year 2019, and other natural disasters
2018 2018
$0 $0

2017 2017
$0 $0

2016 2016
$6 mil ion $6 mil ion
P.L. 114-113, of which $2 mil ion P.L. 114-113, of which $2 mil ion is for majoris for major ~~disasters~~ disasters declared declared
pursuant to the Stafford Act pursuant to the Stafford Act
2015 2015
$3.2 mil ion $3.2 mil ion
P.L. 113-235, for major P.L. 113-235, for major disasters declared pursuant to the Stafford Act only 2014 $0 Source: CRS using historical appropriation and supplemental acts, FY2014-FY2023. Note: In FY2022, P.L. 117-180, Division G, §104(k)(3) required that available USDA funds used in response to the Hermit’s Peak/Calf Canyon Fire may not be subject to any program’s fund matching requirement.~~disasters declared pursuant to the~~
~~Stafford Act only~~
~~2014~~
$0

~~2013~~
~~$13.8 mil ion~~
~~P.L. 113-6a~~
~~2013~~
~~$23 mil ion~~
~~P.L. 113-2, for necessary expenses related to the consequences~~
~~of Hurricane Sandy and major disasters declared pursuant to the~~
~~Stafford Act (42 U.S.C. §5121 et seq.) only~~
~~2012~~
~~$28.4 mil ion~~
~~P.L. 112-55, for major disasters declared pursuant to the Stafford~~
~~Act only~~
~~2011~~
$0

Source: CRS, using historical appropriation and supplemental acts, FY2011-FY2021.
~~a. Funding provided under regular appropriations and includes the Section 3001 and 3004 rescissions of~~
~~2.513%.~~

~~12 Eligible participants may also include someone who receives concurrence from the nonindustrial private forest~~
~~landowner to make a claim in lieu of the owner. Com m ercial forest land is defined under 7 C.F.R. §701.2 as “ forest~~
~~land with trees intended to be harvested for commercial purposes that has productivity greater than or equal to 20 cubic~~
~~feet per year or merchantable timber.”~~
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Emergency Watershed Protection (EWP) Program
Purpose, Activities, and Authority
The Emergency Watershed Protection (EWP) program assists sponsors, landowners, and The Emergency Watershed Protection (EWP) program assists sponsors, landowners, and
operators in implementing emergency recovery measures for runoff retardation and erosion operators in implementing emergency recovery measures for runoff retardation and erosion
prevention to relieve imminent hazards to life and property created by natural disasters. Eligible prevention to relieve imminent hazards to life and property created by natural disasters. Eligible
activities may include removing debris from stream channels, road culverts, and bridges; activities may include removing debris from stream channels, road culverts, and bridges;
reshaping and protecting eroded banks; correcting damaged drainage facilities; establishing cover reshaping and protecting eroded banks; correcting damaged drainage facilities; establishing cover
~~on critical y~~on critically eroding lands; removing carcasses; and repairing levees and structures. eroding lands; removing carcasses; and repairing levees and structures.
EWP funds cannot be used to perform operation or maintenance for existing structures or to EWP funds cannot be used to perform operation or maintenance for existing structures or to
repair, rebuild, or maintain private or public transportation facilities or public utilities. The EWP repair, rebuild, or maintain private or public transportation facilities or public utilities. The EWP
landowner to make a claim in lieu of the owner. Forestland is defined under 7 C.F.R. §701.2 as “land that is at least 120 feet wide and 1 acre in size and at least 10 percent covered by live trees of any size.” Congressional Research Service 5 link to page 10 Emergency Assistance for Agricultural Land Rehabilitation is administered by both USDA’s Natural Resources Conservation Service (NRCS) and the U.S. is administered by both USDA’s Natural Resources Conservation Service (NRCS) and the U.S.
Forest Service (USFS). Forest Service (USFS).
The federal contribution toward the implementation of emergency measures may not exceed 75% The federal contribution toward the implementation of emergency measures may not exceed 75%
of the construction cost. This can be raised to 90% if the area is considered to be a limited-of the construction cost. This can be raised to 90% if the area is considered to be a limited-
resource area.resource area.13
14 The EWP was created under Title IV of the Agricultural Credit Act of 1978 (P.L. 95-334) and The EWP was created under Title IV of the Agricultural Credit Act of 1978 (P.L. 95-334) and
codified at 16 U.S.C. Sections 2203-2205. The program is permanently authorized, subject to codified at 16 U.S.C. Sections 2203-2205. The program is permanently authorized, subject to
appropriations. Authorized funding is for “such funds as may be necessary,” and once appropriations. Authorized funding is for “such funds as may be necessary,” and once
appropriated, funds are appropriated, funds are ~~typical y available~~ typically available until expended. until expended.
Eligible Land
Private, state, tribal, and federal lands are eligible Private, state, tribal, and federal lands are eligible for EWP. EWP is administered by NRCS on for EWP. EWP is administered by NRCS on
state, tribal, and private lands and by USFS on National Forest System lands. EWP assistance state, tribal, and private lands and by USFS on National Forest System lands. EWP assistance
funded by NRCS may not be provided on any federal lands if the assistance would augment the funded by NRCS may not be provided on any federal lands if the assistance would augment the
appropriations of another federal agency.appropriations of another federal agency.15
Eligible Participant
Al All projects under EWP must have a sponsor. Sponsors must be a state or political subdivision, projects under EWP must have a sponsor. Sponsors must be a state or political subdivision,
qualified Indian tribe or tribal organization, or unit of local government. Private entities or qualified Indian tribe or tribal organization, or unit of local government. Private entities or
~~individuals~~ individuals may receive assistance only through the sponsorship of a governmental entity.may receive assistance only through the sponsorship of a governmental entity.14
16 Sponsors are responsible for Sponsors are responsible for
 obtaining necessary land rights and permits to do repair work;  obtaining necessary land rights and permits to do repair work;
 providing the nonfederal portion of cost-share assistance;  providing the nonfederal portion of cost-share assistance;
 completing the  completing the ~~instal ation of al~~ installation of all emergency measures; and emergency measures; and
 carrying out any operation and maintenance responsibilities that may be  carrying out any operation and maintenance responsibilities that may be required.required.17 Funding and Allocation Funding for EWP varies widely from year to year. Most funding is provided through supplemental appropriations acts and annual appropriations as emergency spending. Table 3 provides a funding history for EWP since FY2014. 14 The

~~13 T he~~ definition of a definition of a limited-resource area is is a county where average housing valuesa county where average housing values are lessare less than 75% of the state than 75% of the state
average, per-capita income is less than 75% of the national per-capita income, and unemployment during the preceding average, per-capita income is less than 75% of the national per-capita income, and unemployment during the preceding
three years is at least twice the U.S. average (7 C.F.R.three years is at least twice the U.S. average (7 C.F.R. §624.4(e)(1)).§624.4(e)(1)).
14 15 7 C.F.R. 7 C.F.R. §624.6(b)(2)(iv). 16 7 C.F.R. §624.6(a). 17 For additional information on EWP sponsor requirements, see NRCS, “EWP Sponsor Resources,” at https://www.nrcs.usda.gov/resources/guides-and-instructions/ewp-sponsor-resources. Congressional Research Service 6 Emergency Assistance for Agricultural Land Rehabilitation ~~§624.6(a).~~
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~~link to page 10 link to page 10~~ ~~Emergency Assistance for Agricultural Land Rehabilitation~~

~~Funding and Allocation~~
~~Funding for EWP varies widely from year to year. Most funding is provided through~~
supplemental appropriations acts and annual appropriations as emergency spending. Table 3
~~provides a funding history for EWP.~~
Table 3. Appropriations for the Emergency Watershed Protection (EWP) Program,
~~FY2011-FY2021~~FY2014-FY2023
Fiscal Year
Funding
Appropriation and Congressional Direction
~~2021~~2023 (to date) $925 mil ion P.L. 117-328 2022 $300 mil ion P.L. 117-58 2022 $275 mil ion P.L. 117-43 2021 $ ~~(to date)~~
$0 0

2020 2020
$0 $0

2019 2019
$435 mil ion $435 mil ion
P.L. 116-20, for necessary P.L. 116-20, for necessary expenses related to the consequences of expenses related to the consequences of
Hurricanes Michael and FlorenceHurricanes Michael and Florence and wildfiresand wildfires occurring in calendar occurring in calendar
year 2018, tornadoes and floods occurring in calendar year 2019, year 2018, tornadoes and floods occurring in calendar year 2019,
and other natural disasters and other natural disasters
2018 2018
$541 mil ion $541 mil ion
P.L. 115-123, for necessary expenses related to the consequences P.L. 115-123, for necessary expenses related to the consequences
of Hurricanesof Hurricanes Harvey, Irma, and Maria and of wildfiresHarvey, Irma, and Maria and of wildfires occurring in occurring in
calendar year 2017 and other natural disasters calendar year 2017 and other natural disasters
2017 2017
$103 mil ion $103 mil ion
P.L. 114-254 P.L. 114-254
2016 2016
$157 mil ion $157 mil ion
P.L. 114-113, of which $37 mil ion P.L. 114-113, of which $37 mil ion is for majoris for major disasters declared disasters declared
pursuant to the Stafford Act pursuant to the Stafford Act
2016 2016
$2.4 mil ion $2.4 mil ion
P.L. 114-113, repurposed previously P.L. 114-113, repurposed previously appropriated funding fromappropriated funding from P.L. P.L.
108-199 (2004 California tree mortality),108-199 (2004 California tree mortality), P.L. 109-234 (2005 P.L. 109-234 (2005
hurricanes), and P.L.hurricanes), and P.L. 110-28 (2007 Midwest floods) for disasters110-28 (2007 Midwest floods) for disasters in in
FY2016 and FY2017 FY2016 and FY2017
2015 2015
$78.6 mil ion $78.6 mil ion
P.L. 113-235, for major P.L. 113-235, for major disasters declared pursuant to the Stafford Act only 2014 $0 Source: CRS using historical appropriation acts, FY2014-FY2023. Note: In FY2022, P.L. 117-180, Division G, §104(k)(3) required that available USDA funds used in response to the Hermit’s Peak/Calf Canyon Fire may not be subject to any program’s fund matching requirement. NRCS provides assistance based upon a determination by the NRCS state conservationist18~~disasters declared pursuant to the Stafford~~
~~Act only~~
~~2014~~
$0

~~2013~~
~~$63.7 mil ion~~
~~P.L. 113-6, $48.2 mil ion must be made available for major disasters~~
~~declared pursuant to the Stafford Act (42 U.S.C. §5121 et seq.).a~~
~~2013~~
~~$180 mil ion~~
~~P.L. 113-2, for necessary expenses related to the consequences of~~
~~Hurricane Sandy and major disasters declared pursuant to the~~
~~Stafford Act only~~
~~2012~~
~~$215.9 mil ion~~
~~P.L. 112-55, for major disasters declared pursuant to the Stafford~~
~~Act only~~
~~2012~~
~~Not to exceed $31~~
~~P.L. 112-55, repurposed previously appropriated funding from P.L.~~
~~mil ion~~
~~108-199 (2004 California tree mortality), P.L. 109-234 (2005~~
~~hurricanes), and P.L. 110-28 (2007 Midwest floods) for disasters in~~
~~2011~~
~~2011~~
$0

Source: CRS, using historical appropriation acts, FY2011-FY2021.
~~a. Funding provided under regular appropriations; therefore the undirected $15.6 mil ion does not require a~~
~~Stafford Act declaration. Funding total includes the Section 3001 and 3004 rescissions of 2.513%.~~
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~~NRCS provides assistance based upon a determination by the NRCS state conservationist15~~ that that
the current condition of the land or watershed impairment poses a threat to health, life, or the current condition of the land or watershed impairment poses a threat to health, life, or
property. Sponsors must submit a formal request to the NRCS state conservationist within 60 property. Sponsors must submit a formal request to the NRCS state conservationist within 60
days of the natural disaster or 60 days from the date when access to the site becomes available. days of the natural disaster or 60 days from the date when access to the site becomes available.
No later than 60 days from receipt of the request, the state conservationist No later than 60 days from receipt of the request, the state conservationist ~~wil~~ will investigate the investigate the
situation and prepare an initialsituation and prepare an initial cost estimate to be forwarded to the NRCS national office. Before cost estimate to be forwarded to the NRCS national office. Before
release of any funds, the project sponsor must sign a cooperative agreement with NRCS that release of any funds, the project sponsor must sign a cooperative agreement with NRCS that
details the responsibilities of the sponsor (e.g., funding, operation, and maintenance). No funding details the responsibilities of the sponsor (e.g., funding, operation, and maintenance). No funding
is provided for activities undertaken before the cooperative agreement is signed. is provided for activities undertaken before the cooperative agreement is signed.
Approval of funding is based on the following rank order: Approval of funding is based on the following rank order:
 exigency situations;  exigency situations;16
19 18 The NRCS state conservationist is the lead federal official for the agency within a state. NRCS state conservationists are responsible for direction and supervision of all NRCS programs within a state. 19 Exigency means those situations that demand immediate action to avoid potential loss of life or property, including situations where a second event may occur shortly thereafter that could compound the impairment, cause new damage, or the potential loss of life. Congressional Research Service 7 Emergency Assistance for Agricultural Land Rehabilitation  sites where there is a serious (but not immediate) threat to human life; and  sites where there is a serious (but not immediate) threat to human life; and
 sites where buildings, utilities, or other important infrastructure components are  sites where buildings, utilities, or other important infrastructure components are
threatened. threatened.1720
Emergency Watershed Protection (EWP) Program—
Floodplain Easements
Purpose, Activities, and Authority
Floodplain easements under EWP are administered separately from the general EWP program. Floodplain easements under EWP are administered separately from the general EWP program.
The easements are meant to safeguard lives and property from future floods, drought, and the The easements are meant to safeguard lives and property from future floods, drought, and the
consequences of erosion through the restoration and preservation of the land’s natural values. consequences of erosion through the restoration and preservation of the land’s natural values.
USDA holds USDA holds al all EWP floodplain easements in perpetuity. Floodplain easements are purchased as EWP floodplain easements in perpetuity. Floodplain easements are purchased as
an emergency measure and on a voluntary basis. If a landowner offers to an emergency measure and on a voluntary basis. If a landowner offers to ~~sel~~ sell a permanent a permanent
conservation easement, then NRCS has the full authority to restore and enhance the floodplain’s conservation easement, then NRCS has the full authority to restore and enhance the floodplain’s
functions and values. This includes removing functions and values. This includes removing al all structures, including buildings, within the structures, including buildings, within the
easement boundaries and providing up to 100% of restoration costs. In exchange, the landowner easement boundaries and providing up to 100% of restoration costs. In exchange, the landowner
receives the receives the ~~smal est~~smallest of the three following values as an easement payment: of the three following values as an easement payment:
1. a geographic area rate cap established by the NRCS state conservationist; 1. a geographic area rate cap established by the NRCS state conservationist;
2. the fair-market value based on an area-wide market analysis or an appraisal 2. the fair-market value based on an area-wide market analysis or an appraisal
completed according to the Uniform Standards of Professional Appraisal completed according to the Uniform Standards of Professional Appraisal
Practices (USPAP); or Practices (USPAP); or
3. the landowner’s offer. 3. the landowner’s offer.
Section 382 of the Federal Agricultural Improvement and Reform Act of 1996 (1996 farm Section 382 of the Federal Agricultural Improvement and Reform Act of 1996 (1996 farm ~~bil~~ bill, ,
P.L. 104-127) amended the EWP authorization to include the purchase of floodplain easements. P.L. 104-127) amended the EWP authorization to include the purchase of floodplain easements.
The Agricultural Act of 2014 (2014 farm The Agricultural Act of 2014 (2014 farm ~~bil~~ bill, P.L. 113-79) amended the floodplain easement , P.L. 113-79) amended the floodplain easement
section of the EWP program to section of the EWP program to ~~al ow~~allow USDA to modify or terminate floodplain easements when USDA to modify or terminate floodplain easements when
the landowner agrees and the change “addresses a the landowner agrees and the change “addresses a ~~compel ing~~compelling public need for which there is no ~~public need for which there is no~~

~~15 T he NRCS state conservationist is the lead federal official for the agency within a state. NRCS state conservationists~~
~~are responsible for direction and supervision of all NRCS programs within a state.~~
~~16 Exigency means those situations that demand immediate action to avoid potential loss of life or property , including~~
~~situations where a second event may occur shortly thereafter that could compound the impairment, cause new damage,~~
~~or the potential loss of life.~~
~~17 7 C.F.R. §624.8(c)(3).~~
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~~Emergency Assistance for Agricultural Land Rehabilitation~~

practical alternative, and is in the public interest.” Modification or termination requires a practical alternative, and is in the public interest.” Modification or termination requires a
compensatory arrangement determined by USDA. compensatory arrangement determined by USDA.
Similar to the general EWP program, EWP floodplain easements are authorized under Title IV of Similar to the general EWP program, EWP floodplain easements are authorized under Title IV of
the Agricultural Credit Act of 1978 (P.L. 95-334) and codified at 16 U.S.C. Sections 2203-2205. the Agricultural Credit Act of 1978 (P.L. 95-334) and codified at 16 U.S.C. Sections 2203-2205.
The authorization of appropriations is for “such funds as may be necessary” and does not expire. The authorization of appropriations is for “such funds as may be necessary” and does not expire.
Eligible Land
Lands are considered eligible Lands are considered eligible for an EWP floodplain easement if they are for an EWP floodplain easement if they are
 floodplain lands that were damaged by flooding at least once within the previous  floodplain lands that were damaged by flooding at least once within the previous
calendar year or have been subject to flood damage at least twice within the calendar year or have been subject to flood damage at least twice within the
previous 10 years; previous 10 years;
 other lands within the floodplain that would contribute to the restoration of the  other lands within the floodplain that would contribute to the restoration of the
flood storage and flow, erosion control, or would improve the practical flood storage and flow, erosion control, or would improve the practical
management of the easement; or management of the easement; or
 lands that would be inundated or adversely impacted as a result of a dam breach.  lands that would be inundated or adversely impacted as a result of a dam breach.
20 7 C.F.R. §624.8(c)(3). Congressional Research Service 8 link to page 10 Emergency Assistance for Agricultural Land Rehabilitation Land is considered ineligible ~~Land is considered ineligible~~ if if
 restoration practices would be futile due to “on-site” or “off-site” conditions;  restoration practices would be futile due to “on-site” or “off-site” conditions;
 the land is subject to an existing easement or deed restriction that provides  the land is subject to an existing easement or deed restriction that provides
sufficient protection or restoration of the floodplain’s functions and values; or sufficient protection or restoration of the floodplain’s functions and values; or
 the purchase of an easement would not meet the purposes of the program.  the purchase of an easement would not meet the purposes of the program.1821
Eligible Participants
EWP participants must have ownership of the land. Unlike the general EWP program, EWP EWP participants must have ownership of the land. Unlike the general EWP program, EWP
floodplain easements floodplain easements ~~general y~~generally do not require a project sponsor if on agricultural or open lands. do not require a project sponsor if on agricultural or open lands.
However, a project sponsor is required for lands primarily used for residential housing. In the However, a project sponsor is required for lands primarily used for residential housing. In the
case of land with residential housing, NRCS case of land with residential housing, NRCS ~~wil~~ will purchase a floodplain easement only as part of a purchase a floodplain easement only as part of a
larger strategy intended to minimize future flood damage. A project sponsor is required to larger strategy intended to minimize future flood damage. A project sponsor is required to
purchase the land after structures are removed.purchase the land after structures are removed.19
22 Funding and Allocation Funding for EWP floodplain easements varies from year to year. Most funding is provided through supplemental appropriations acts and annual appropriations as emergency spending. Funding for floodplain easements is generally an unspecified subset of the total funding provided for EWP (see Table 3). Funds are allocated to floodplain projects based on available funding and need, as determined by NRCS. Through the end of FY2021, NRCS ~~Funding and Allocation~~
~~The FY2019 supplemental appropriations act (P.L. 116-20) provided $435 mil ion to EWP for~~
~~general EWP activities and the purchase and restoration of EWP floodplain easements. Of this~~
~~appropriation, NRCS designated $217.5 mil ion for the enrollment of floodplain easements in~~
~~Arkansas, Il inois, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, North~~
~~Carolina, Oklahoma, South Dakota, and Wisconsin. In total, these 13 states received 659~~
~~applications for possible enrollment of 110,044 acres. Through the end of FY2020, NRCS~~

~~18 7 C.F.R. §624.10.~~
~~19 In the case of land primarily used for residential housing, NRCS may pay up to the entire easement value and either~~
~~(1) up to the entire cost of the structure’s value if the landowner chooses to have it demolished, or (2) up to the entire~~
~~cost of relocating the residence to a location outside the floodplain.~~
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reported enrolling a total of reported enrolling a total of 1,760~~1,682~~ easements on easements on ~~189,116~~199,621 acres, including 1, acres, including 1,~~663~~671 closed easements closed easements
on 185,on 185,~~480~~489 acres. acres.2023
Other Programs
Emergency Disaster Loans
Emergency disaster (EM) loans are available through the FSA when a county has been declared a Emergency disaster (EM) loans are available through the FSA when a county has been declared a
disaster area by either the President or the Secretary of Agriculture.disaster area by either the President or the Secretary of Agriculture.2124 Agricultural producers in Agricultural producers in
the declared county and contiguous to the county may become eligible for low-interest EM loans. the declared county and contiguous to the county may become eligible for low-interest EM loans.
EM loan funds may be used to help eligibleEM loan funds may be used to help eligible farmers, ranchers, and aquaculture producers recover farmers, ranchers, and aquaculture producers recover
from production losses (when the producer suffers a significant loss of an annual crop) or from from production losses (when the producer suffers a significant loss of an annual crop) or from
physical losses (such as repairing or replacing damaged or destroyed structures or equipment or physical losses (such as repairing or replacing damaged or destroyed structures or equipment or
replanting permanent crops such as orchards). A qualified applicant can then borrow up to 100% replanting permanent crops such as orchards). A qualified applicant can then borrow up to 100%
of actual production or physical losses (not to exceed $500,000) at low interest rates.of actual production or physical losses (not to exceed $500,000) at low interest rates.2225 21 7 C.F.R. §624.10. 22 In the case of land primarily used for residential housing, NRCS may pay up to the entire easement value and either (1) up to the entire cost of the structure’s value if the landowner chooses to have it demolished, or (2) up to the entire cost of relocating the residence to a location outside the floodplain. 23 Easements are considered enrolled when they are accepted into the EWP programs but before final completion of closing procedures (e.g., eligibility determinations, surveys, compensation, investigations, and title options). Easements are considered closed when the easement acquisition is complete, all contract documents are filed, and the deed is officially restricted by the easement. See FY2023 President’s Budget Request, congressional justification, pp. 29-67. 24 For additional information on the USDA emergency disaster designation and declaration process, see USDA, FSA, “Emergency Disaster Designation and Declaration Process,” at https://www.fsa.usda.gov/Assets/USDA-FSA-Public/usdafiles/FactSheets/emergency_disaster_designation_declaration_process-factsheet.pdf. 25 For additional information on EM loans, see CRS Report RS21212, Agricultural Disaster Assistance. Congressional Research Service 9 Emergency Assistance for Agricultural Land Rehabilitation
Conservation Programs
In addition to the authorized land assistance programs, USDA uses a number of existing In addition to the authorized land assistance programs, USDA uses a number of existing
conservation programs to assist with rehabilitating land following natural disasters. In many cases conservation programs to assist with rehabilitating land following natural disasters. In many cases
this assistance comes through the use of waivers and flexibility provided to the Secretary of this assistance comes through the use of waivers and flexibility provided to the Secretary of
Agriculture. The following section discusses programs Agriculture. The following section discusses programs ~~recently~~ used by USDA to offer used by USDA to offer
assistance. assistance.
Conservation Reserve Program (CRP)
The Conservation Reserve Program (CRP) provides annual payments to agricultural producers to The Conservation Reserve Program (CRP) provides annual payments to agricultural producers to
take highly erodible and take highly erodible and ~~environmental y~~environmentally sensitive land out of production and sensitive land out of production and ~~instal~~ install resource-resource-
conserving practices for 10 or more years. Limited haying and grazing may be conducted on CRP conserving practices for 10 or more years. Limited haying and grazing may be conducted on CRP
land in response to drought or other emergencies. Emergency haying and grazing land in response to drought or other emergencies. Emergency haying and grazing ~~general y~~generally is is
authorized due to drought conditions when a county is designated as level D2 (severe) drought authorized due to drought conditions when a county is designated as level D2 (severe) drought
intensity or higher according to the U.S. Drought Monitor.intensity or higher according to the U.S. Drought Monitor.2326 Requests for emergency haying and Requests for emergency haying and
grazing may also be initiated by the county FSA committee.grazing may also be initiated by the county FSA committee.2427 Emergency haying and grazing is Emergency haying and grazing is
~~al owed~~allowed—with restrictions—outside of the primary nesting season for birds.—with restrictions—outside of the primary nesting season for birds.2528 During primary During primary
nesting season, emergency grazing is nesting season, emergency grazing is ~~al owed~~allowed with a reduction in carrying capacity. Certain CRP with a reduction in carrying capacity. Certain CRP
acres are ineligibleacres are ineligible for emergency haying and grazing, including acres under easements; land within 20 feet to a stream or permanent water body; and any acres where haying and grazing would cause long-term damage to the established vegetative cover. Environmental Quality Incentives Program (EQIP) ~~for emergency haying and grazing, including acres under easements; land~~

~~20 Easements are considered enrolled when they are accepted into the EWP programs but before final completion of~~
~~closing procedures (e.g., eligibility determinations, surveys, compensation, investigations, and title options). Easements~~
~~are considered closed when the easement acquisition is complete, all contract documents are filed, and the deed is~~
~~officially restricted by the easement. See FY2022 President’s Budget Request, congressional justification, p. 63.~~
~~21 For additional information on the USDA emergency disaster designation and declaration process, see~~
~~https://www.fsa.usda.gov/Assets/USDA-FSA-Public/ usdafiles/Fact Sheets/emergency_disaster_~~
~~designation_declaration_process-factsheet.pdf.~~
~~22 For additional information on EM loans, see CRS Report RS21212, Agricultural Disaster Assistance.~~
~~23 T he U.S. Drought Monitor is updated weekly and can be found online at https://droughtmonitor.unl.edu/.~~
~~24 T o authorize emergency haying and grazing, a requesting FSA county committee must document a 40% or greater~~
~~loss in forage production in a county. Approval is subject to review by the state and national FSA offices.~~
~~25 For a map of the primary nesting season restrictions by state, see USDA, FSA, “Primary Nesting Season Dates and~~
~~Duration,” June 16, 2020, at https://www.fsa.usda.gov/Assets/USDA-FSA-Public/usdafiles/Conservation/PDF/~~
~~Primary%20Nesting%20Season_June_16_2020.pdf.~~
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~~within 20 feet to a stream or permanent water body; and any acres where haying and grazing~~
~~would cause long-term damage to the established vegetative cover.~~
~~Environmental Quality Incentives Program (EQIP)~~
The Environmental Quality Incentives Program (EQIP) is a voluntary program that provides The Environmental Quality Incentives Program (EQIP) is a voluntary program that provides
financial and technical assistance to agricultural producers to address natural resource concerns financial and technical assistance to agricultural producers to address natural resource concerns
on agricultural and forest land. In the past, USDA has announced special EQIP sign-ups for on agricultural and forest land. In the past, USDA has announced special EQIP sign-ups for
farmers and ranchers in areas affected by natural disasters. EQIP may also be used to proactively farmers and ranchers in areas affected by natural disasters. EQIP may also be used to proactively
mitigate potential damage from natural disasters through the use of conservation practices (e.g., mitigate potential damage from natural disasters through the use of conservation practices (e.g.,
residue management to improve the soil’s capacity to be more drought-resilient, or vegetative residue management to improve the soil’s capacity to be more drought-resilient, or vegetative
buffer strips along waterways to reduce erosion and crop damage in the event of a flood). buffer strips along waterways to reduce erosion and crop damage in the event of a flood).
Issues for Congress
Funding Mechanisms
~~Historical y~~Historically, the majority of emergency assistance for agriculture was funded through , the majority of emergency assistance for agriculture was funded through
supplemental appropriations or as an add-on to regular annual appropriations. A supplemental supplemental appropriations or as an add-on to regular annual appropriations. A supplemental
appropriation provides additional budget authority during the current fiscal year either to finance appropriation provides additional budget authority during the current fiscal year either to finance
activities not funded in the regular appropriation or to provide funds when the regular activities not funded in the regular appropriation or to provide funds when the regular
appropriation is deemed insufficient. appropriation is deemed insufficient.
Since most agricultural land assistance programs do not receive the level of attention that triggers Since most agricultural land assistance programs do not receive the level of attention that triggers
a standalone supplemental appropriation a standalone supplemental appropriation ~~bil ,~~ bill, annual appropriation annual appropriation ~~bil s~~bills are increasingly seen as a 26 The U.S. Drought Monitor is updated weekly and can be found online at https://droughtmonitor.unl.edu/. 27 To authorize emergency haying and grazing, a requesting FSA county committee must document a 40% or greater loss in forage production in a county. Approval is subject to review by the state and national FSA offices. 28 For a map of the primary nesting season restrictions by state, see USDA, FSA, “Primary Nesting Season Dates and Duration,” June 16, 2020, at https://www.fsa.usda.gov/Assets/USDA-FSA-Public/usdafiles/Conservation/PDF/Primary%20Nesting%20Season_June_16_2020.pdf. Congressional Research Service 10 Emergency Assistance for Agricultural Land Rehabilitation ~~are increasingly seen as a~~
vehicle for funding these programs. The change in funding mechanism from standalone vehicle for funding these programs. The change in funding mechanism from standalone
supplemental appropriations to annual appropriations has presented a supplemental appropriations to annual appropriations has presented a ~~chal enge~~challenge for agricultural for agricultural
land assistance programs. The timing of annual appropriations land assistance programs. The timing of annual appropriations ~~bil s~~bills may not coincide with natural may not coincide with natural
disasters and the subsequent requests for assistance. This can increase the time between eligible disasters and the subsequent requests for assistance. This can increase the time between eligible
disasters and funding availability.disasters and funding availability. Disaster funds are Disaster funds are ~~typical y~~typically provided to remain available provided to remain available until until
expended, which has expended, which has ~~al owed smal er~~allowed smaller, more localized disasters to be addressed in years without , more localized disasters to be addressed in years without
appropriations. However, despite this flexibility,appropriations. However, despite this flexibility, the inconsistent funding has left some the inconsistent funding has left some
agricultural land assistance programs without funding during times of high request volume. agricultural land assistance programs without funding during times of high request volume.
Beginning Beginning in the 2008 farm in the 2008 farm ~~bil~~ bill, and continued in the 2014 farm , and continued in the 2014 farm ~~bil~~ bill, Congress authorized a series , Congress authorized a series
of permanent disaster assistance programs that receive mandatory funding, rather than relying on of permanent disaster assistance programs that receive mandatory funding, rather than relying on
supplemental appropriations.supplemental appropriations.2629 These programs assist with crop and livestock production loss and These programs assist with crop and livestock production loss and
are are ~~general y~~generally authorized at funding amounts that are “such sums as necessary” and by their authorized at funding amounts that are “such sums as necessary” and by their
mandatory nature are not subject to annual appropriations. For the three agricultural land mandatory nature are not subject to annual appropriations. For the three agricultural land
rehabilitationrehabilitation programs discussed in this report, however, funding remains discretionary and is programs discussed in this report, however, funding remains discretionary and is
provided on an ad hoc basis. provided on an ad hoc basis.
The variability The variability of funding for agricultural land rehabilitationof funding for agricultural land rehabilitation has led some to suggest that these has led some to suggest that these
programs have been left behind in favor of providing assistance for crop and livestock production programs have been left behind in favor of providing assistance for crop and livestock production
loss rather than for land rehabilitationloss rather than for land rehabilitation and natural resources degradation. Some have suggested and natural resources degradation. Some have suggested
that the use of permanent mandatory funding could be expanded beyond production to include that the use of permanent mandatory funding could be expanded beyond production to include
land rehabilitationland rehabilitation assistance. Others point out that permanent mandatory funding would likely assistance. Others point out that permanent mandatory funding would likely
require offsets under the current budgetary rules. require offsets under the current budgetary rules.

~~26 For additional information on these programs, see CRS Report RS21212, Agricultural Disaster Assistance.~~
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~~Emergency Assistance for Agricultural Land Rehabilitation~~

~~Restrictions on Funding~~
~~Congress occasional y~~ Restrictions on Funding Congress occasionally restricts funding for the agricultural land rehabilitation programs by a restricts funding for the agricultural land rehabilitation programs by a
named disaster event (e.g., Hurricanes Michael and Florence), disaster event type (e.g., wildfires), named disaster event (e.g., Hurricanes Michael and Florence), disaster event type (e.g., wildfires),
year, or disaster declaration. Disaster declarations are frequently limited to major disasters year, or disaster declaration. Disaster declarations are frequently limited to major disasters
declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act, 42 U.S.C. §§5121-5207).(Stafford Act, 42 U.S.C. §§5121-5207).2730 These restrictions are included to direct USDA fund These restrictions are included to direct USDA fund
distribution or are related to budget scorekeeping requirements.distribution or are related to budget scorekeeping requirements.28
31 Since emergency agricultural land rehabilitation Since emergency agricultural land rehabilitation programs do not programs do not ~~normal y~~normally require a federal require a federal
disaster declaration from either the President or a state official, the Stafford Act requirement can disaster declaration from either the President or a state official, the Stafford Act requirement can
become a limitingbecome a limiting factor in the way agricultural land rehabilitationfactor in the way agricultural land rehabilitation programs work, programs work, ~~potential y~~
~~limiting~~ potentially limiting assistance to fewer natural disaster events. For example, droughts are assistance to fewer natural disaster events. For example, droughts are ~~traditional y~~traditionally not not
declared as major disaster events under the Stafford Act.declared as major disaster events under the Stafford Act.2932 However, droughts are one of the However, droughts are one of the
eligibleeligible natural disasters for land rehabilitation programs—primarily to assist livestock producers natural disasters for land rehabilitation programs—primarily to assist livestock producers
to provide water to animals. Since agricultural land rehabilitationto provide water to animals. Since agricultural land rehabilitation program funds are program funds are ~~typical y~~
~~available until expended, the Stafford Act requirement, as wel as other event- or year-specific~~
typically 29 For additional information on these programs, see CRS Report RS21212, Agricultural Disaster Assistance. 30 A declaration of a major disaster or emergency under the authority of the Stafford Act makes state and local governments and certain nonprofit organizations eligible for various forms of federal assistance. The governor of the impacted state requests the types of assistance considered necessary to address the needs of the state. For additional information, see CRS Report R41981, Congressional Primer on Responding to and Recovering from Major Disasters and Emergencies. 31 Between FY2012 and FY2021 the Budget Control Act of 2011 (BCA; P.L. 112-25) limited emergency supplemental funding for disaster relief. Under §251(b)(2)(D) of the BCA, funding used for disaster relief must be used for activities carried out pursuant to the Stafford Act. This meant funds appropriated through emergency supplemental acts for disaster relief through FY2021 would apply only to activities with a Stafford Act declaration. This is explained further in CRS Report R42352, An Examination of Federal Disaster Relief Under the Budget Control Act. 32 The last presidential drought or water shortage disaster declared for a state was for New Jersey in 1980. Congressional Research Service 11 Emergency Assistance for Agricultural Land Rehabilitation available until expended, the Stafford Act requirement, as well as other event- or year-specific requirements, also limits what areas may receive future assistance with any remaining funding. requirements, also limits what areas may receive future assistance with any remaining funding.
For example, the FY2016 appropriated levels for agricultural land rehabilitation programs For example, the FY2016 appropriated levels for agricultural land rehabilitation programs
classify only a portion of the funding provided as disaster relief and therefore limited to major classify only a portion of the funding provided as disaster relief and therefore limited to major
disasters declared pursuant to the Stafford Act. The remaining funds are not subject to a Stafford disasters declared pursuant to the Stafford Act. The remaining funds are not subject to a Stafford
Act declaration and may be used according to the authorities of the program. Act declaration and may be used according to the authorities of the program.
Mitigation
Another potentialAnother potential issue for federal land assistance programs is mitigation. Mitigation actions are issue for federal land assistance programs is mitigation. Mitigation actions are
steps taken to reduce risk before a natural disaster occurs. Currently, one mitigation program steps taken to reduce risk before a natural disaster occurs. Currently, one mitigation program
exists for emergency agricultural land assistance—the EWP floodplain easement program exists for emergency agricultural land assistance—the EWP floodplain easement program
(described above). This program purchases floodplain easements on agricultural land that has a (described above). This program purchases floodplain easements on agricultural land that has a
history of flooding (2 of the previous 10 years). Under the program, the land is permanently taken history of flooding (2 of the previous 10 years). Under the program, the land is permanently taken
out of production and restored to a natural function. This program has been authorized since out of production and restored to a natural function. This program has been authorized since
1997. Prohibitions in prior year appropriations acts have limited available1997. Prohibitions in prior year appropriations acts have limited available funding for the funding for the
program. program. ~~Initial y~~Initially, most of the purchased floodplain easements were underdeveloped agricultural , most of the purchased floodplain easements were underdeveloped agricultural
lands and a lands and a ~~smal~~ small portion that included rural residences or other structures. According to USDA, portion that included rural residences or other structures. According to USDA,
in recent years, the number of easements on urban and suburban land with residences has in recent years, the number of easements on urban and suburban land with residences has
significantly increased.significantly increased.30

~~27 A declaration of a major disaster or emergency under the authority of the Stafford Act makes state and local~~
~~governments and cert ain nonprofit organizations eligible for various forms of federal assistance. T he governor of the~~
~~impacted state requests the types of assistance considered necessary to address the needs of the state. For additional~~
~~information, see CRS Report R41981,~~ ~~Congressional Prim er on Responding to an d Recovering from Major Disasters~~
~~and Em ergencies~~.
~~28 Between FY2012 and FY2021 the Budget Control Act of 2011 (BCA; P.L. 112-25) limited emergency supplemental~~
~~funding for disaster relief. Under §251(b)(2)(D) of the BCA, funding used for disaster relief must be used for activities~~
~~carried out pursuant to the Stafford Act. T his meant funds appropriated through emergency supplemental acts for~~
~~disaster relief through FY2021 would apply only to activities with a Stafford Act declaration. T his is explained further~~
~~in CRS Report R42352, An Exam ination of Federal Disaster Relief Under the Budget Control Act.~~
~~29 T he last presidential drought or water shortage disaster declared for a state was for New Jersey in 1980.~~
~~30 FY2022 President’s Budget Request, congressional justification, p. 63.~~
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~~Emergency Assistance for Agricultural Land Rehabilitation~~

~~Some have questioned the use of federal restoration funds in areas with a high risk of damage~~
~~from natural disasters, arguing that it encourages poor land use decisions. While the alternative of~~
~~mitigation can potential y reduce the future cost of federal assistance, the initial cost of the~~
~~permanent easement and restoration is sometimes viewed as too expensive.31~~33 Some have questioned the use of federal restoration funds in areas with a high risk of damage from natural disasters, arguing that it encourages poor land use decisions. While the alternative of mitigation can potentially reduce the future cost of federal assistance, the initial cost of the permanent easement and restoration is sometimes viewed as too expensive.34 33 FY2022 President’s Budget Request, congressional justification, p. 63. 34 For additional analysis, see CRS Report R47286, Flooding: Selected Federal Assistance and Programs to Reduce Risk. Congressional Research Service 12 Emergency Assistance for Agricultural Land Rehabilitation

Author Information

Megan Stubbs Megan Stubbs

Specialist in Agricultural Conservation and Natural Specialist in Agricultural Conservation and Natural
Resources Policy Resources Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
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~~31 For additional analysis, see CRS Report R45017,~~ ~~Flood Resilience and Risk Reduction: Federal Assistance and~~
~~Program s~~.
Congressional Research Service Congressional Research Service
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