Emergency Assistance for Agricultural Land Rehabilitation

December 11, 2012 – January 24, 2023 R42854

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

that help producers restore damaged crop and forest land following natural disasters. These
programs offer financial and technical assistance to producers to repair, restore, and mitigate

damage on private land. These emergency agricultural land 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 also has flexibility in administering other
programs that assist with the repair of damaged cropland in the event of an emergency.
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 restore the land to a
productive state. ECP is available only on private land, and eligibility is determined locally. EFRP was created to assist
private forestland owners to address damage caused by a natural disaster on nonindustrial private forest land.
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 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 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 consequences of erosion.
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 bill, annual appropriation bills are
increasingly seen as a vehicle for funding these programs. The timing of annual appropriation bills 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 Congress authorize permanent mandatory funding similar to other
agricultural disaster assistance programs that respond to crop and livestock production losses.
Restrictions placed on supplemental appropriations for disaster assistance can change the way the agricultural land assistance
programs allocate funding, potentially assisting with fewer natural disasters. Language restricting funding to specific disaster
events, years, or disaster declarations can provide congressional intent for program implementation. Also, since agricultural
land assistance program funds are typically available until expended, this restricting language can limit what areas may
receive future assistance with any remaining funds. Additionally, emergency agricultural land assistance programs do not
normally require a federal disaster declaration, such as 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 way agricultural land assistance programs work, potentially reducing the number of
eligible natural disaster events.
Congressional Research Service

Emergency Assistance for Agricultural Land Rehabilitation

Overview
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
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.1
Other, separate U.S. Department of Agriculture (USDA) programs are designed to repair
agricultural and forest land following a natural disaster and potentially mitigate future risk. These
programs offer financial and technical assistance to producers to repair, restore, and mitigate
damage on private land. Agricultural land 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 also has
flexibility in administering other programs that allow for support and repair of damaged cropland
in the event of an emergency.
This report describes these emergency agricultural land assistance programs. It presents
background on the programs—purpose, activities, authority, eligibility requirements, and
authorized program funding levels—as well as current congressional issues.
Federal Emergency Assistance for Agricultural and
Rural Land
Agricultural land assistance programs help producers rehabilitate crop and forest land following
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
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
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
Payments are made to individual 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

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

1

Emergency Assistance for Agricultural Land Rehabilitation

to be a limited-resource, socially 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
following completion and inspection of the practice. Producers have the option to receive up to
25% of the cost of a practice before the restoration is carried out. Any funds not used within 60
days must be returned.4
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
appropriations. Authorized funding is for “such funds as may be necessary,” and once
appropriated, funds are typically available until expended.
Eligible Land
Land eligibility 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,
the land may be considered eligible if it is determined that the lack of treatment would
 impair or endanger the land;
 materially affect the productive capacity of the land;
 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
 be so costly to rehabilitate that future federal assistance is or would be required to
return the land to productive agricultural use.5
Land conservation issues that existed prior to the natural disaster are not eligible for assistance.
Land subject to frequent damage or susceptible to severe damage may also be considered
ineligible.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 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
occurred and must be a party who will incur the expense that is the subject of the ECP cost-share
application. Participants are limited to $500,000 per natural disaster event.8
Federal agencies and states, including all agencies and political subdivisions of a state, are
ineligible to participate in ECP.

3 The definition of a limited-resource producer is an applicant with direct or indirect gross farm sales not more than the
current indexed value in each of the previous two years who has a total household income at or below the national
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/
Default.aspx. Socially disadvantaged under the Emergency Conservation Program (ECP) is defined under 7 U.S.C.
§2279 as someone “subjected to racial or ethnic prejudice because of their identity as members of a group without
regard to their individual qualities.” This definition does not include gender. A beginning farmer or rancher generally
is defined as having owned or operated a farm or ranch for less than 10 years.
4 16 U.S.C. §2201(b) and 7 C.F.R. §701.128.
5 16 U.S.C. §2201.
6 Frequency and susceptibility are determined by FSA. 7 C.F.R. §701.105(c).
7 7 C.F.R. §701.106.
8 16 U.S.C. §2202b.
Congressional Research Service

2

link to page 6 link to page 13 link to page 13 Emergency Assistance for Agricultural Land Rehabilitation

Funding and Allocation
Funding for ECP varies widely from year to year. Funding is provided through supplemental
appropriations acts and annual appropriations as emergency spending. Table 1 provides a funding
history for ECP since FY2014.
Table 1. Appropriations for the Emergency Conservation Program (ECP),
FY2014-FY2023
Fiscal Year
Funding
Appropriation and Congressional Direction
2023 (to date)
$0

2022
$0

2021
$0

2020
$0

2019
$558 mil ion
P.L. 116-20, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and
wildfires occurring in calendar year 2018, tornadoes and
floods occurring in calendar year 2019, and other natural
disasters
2018
$400 mil ion
P.L. 115-123, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria and of
wildfires occurring in calendar year 2017 and other natural
disasters
2017
$28.7 mil ion
P.L. 115-31, for emergencies not declared a major disaster
2017
$103 mil ion
P.L. 114-254
2016
$108 mil ion
P.L. 114-113, of which $91 mil ion is for major disasters
declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford Act, P.L. 93-288)
2015
$9.2 mil ion
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.
Funding is generally appropriated to remain available until expended. In some instances,
Congress has required that ECP funding be used for specific disasters, activities, or locations. For
example, a portion of funding appropriated in FY2016 was to be used for major disasters declared
pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act).9
Since ECP does not typically require a Stafford Act declaration, this requirement limits the use of
ECP funds to select locations as well 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
2018 (2018 farm bill, P.L. 115-334), requiring that 25% of all ECP funding made available in a
fiscal year must be set aside until April 1 of that year for repair and replacement of fencing. This
set-aside could potentially reserve funding for an activity that may not be a relevant practice for
all 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 generally allocates ECP funds to the FSA
state offices. 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
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
storms or blizzards, floods, or other resource-impacting events, as determined by USDA. The
program is administered by FSA.
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
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
restoration is generally $1,000 per participant but may be higher in some states.11
The EFRP was created under Section 8203 of the Food, Conservation, and Energy Act of 2008
(2008 farm bill, 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 authorized, subject to
appropriations. Authorized funding is for “such funds as may be necessary,” and once
appropriated, funds are typically available until expended.
Eligible Land
For land to be eligible for EFRP, it must be nonindustrial private forest land and must
 have existing tree cover or have had tree cover immediately before the natural
disaster and be suitable for growing trees;
 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 materially
affect future use of the land; and
 be physically located in a county in which EFRP has been implemented.12
Land is ineligible if it is owned or controlled by the federal government, a state, a state agency, or
a political subdivision of a state.
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

engaged in the primary processing of raw wood products are not eligible. A payment limitation of
$500,000 per person or legal entity applies per natural disaster event.
Funding and Allocation
Funding for EFRP varies widely from year to year. Funding is provided through supplemental
appropriations acts and annual appropriations as emergency spending. Table 2 provides a funding
history for EFRP since FY2014.
Table 2. Appropriations for Emergency Forest Restoration Program (EFRP),
FY2014-FY2023
Fiscal Year
Funding
Appropriation and Congressional Direction
2023 (to date)
$27 mil ion
P.L. 117-328
2022
$0

2021
$0

2020
$0

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

2017
$0

2016
$6 mil ion
P.L. 114-113, of which $2 mil ion is for major disasters declared
pursuant to the Stafford Act
2015
$3.2 mil ion
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.
Emergency Watershed Protection (EWP) Program
Purpose, Activities, and Authority
The Emergency Watershed Protection (EWP) program assists sponsors, landowners, and
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
activities may include removing debris from stream channels, road culverts, and bridges;
reshaping and protecting eroded banks; correcting damaged drainage facilities; establishing cover
on critically eroding lands; removing carcasses; and repairing levees and structures.
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

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.
Forest Service (USFS).
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-
resource area.14
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
appropriations. Authorized funding is for “such funds as may be necessary,” and once
appropriated, funds are typically available until expended.
Eligible Land
Private, state, tribal, and federal lands are eligible for EWP. EWP is administered by NRCS on
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
appropriations of another federal agency.15
Eligible Participant
All 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
individuals may receive assistance only through the sponsorship of a governmental entity.16
Sponsors are responsible for
 obtaining necessary land rights and permits to do repair work;
 providing the nonfederal portion of cost-share assistance;
 completing the installation of all emergency measures; and
 carrying out any operation and maintenance responsibilities that may be
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 definition of a limited-resource area is a county where average housing values are less than 75% of the state
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. §624.4(e)(1)).
15 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

Table 3. Appropriations for the Emergency Watershed Protection (EWP) Program,
FY2014-FY2023
Fiscal Year
Funding
Appropriation and Congressional Direction
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
$0

2020
$0

2019
$435 mil ion
P.L. 116-20, for necessary expenses related to the consequences of
Hurricanes Michael and Florence and wildfires occurring in calendar
year 2018, tornadoes and floods occurring in calendar year 2019,
and other natural disasters
2018
$541 mil ion
P.L. 115-123, for necessary expenses related to the consequences
of Hurricanes Harvey, Irma, and Maria and of wildfires occurring in
calendar year 2017 and other natural disasters
2017
$103 mil ion
P.L. 114-254
2016
$157 mil ion
P.L. 114-113, of which $37 mil ion is for major disasters declared
pursuant to the Stafford Act
2016
$2.4 mil ion
P.L. 114-113, repurposed previously appropriated funding from P.L.
108-199 (2004 California tree mortality), P.L. 109-234 (2005
hurricanes), and P.L. 110-28 (2007 Midwest floods) for disasters in
FY2016 and FY2017
2015
$78.6 mil ion
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 that
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
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 will investigate the
situation and prepare an initial 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
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.
Approval of funding is based on the following rank order:
 exigency situations;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 buildings, utilities, or other important infrastructure components are
threatened.20
Emergency Watershed Protection (EWP) Program—
Floodplain Easements
Purpose, Activities, and Authority
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
consequences of erosion through the restoration and preservation of the land’s natural values.
USDA holds all EWP floodplain easements in perpetuity. Floodplain easements are purchased as
an emergency measure and on a voluntary basis. If a landowner offers to sell a permanent
conservation easement, then NRCS has the full authority to restore and enhance the floodplain’s
functions and values. This includes removing all structures, including buildings, within the
easement boundaries and providing up to 100% of restoration costs. In exchange, the landowner
receives the smallest of the three following values as an easement payment:
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
completed according to the Uniform Standards of Professional Appraisal
Practices (USPAP); or
3. the landowner’s offer.
Section 382 of the Federal Agricultural Improvement and Reform Act of 1996 (1996 farm bill,
P.L. 104-127) amended the EWP authorization to include the purchase of floodplain easements.
The Agricultural Act of 2014 (2014 farm bill, P.L. 113-79) amended the floodplain easement
section of the EWP program to allow USDA to modify or terminate floodplain easements when
the landowner agrees and the change “addresses a compelling public need for which there is no
practical alternative, and is in the public interest.” Modification or termination requires a
compensatory arrangement determined by USDA.
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 authorization of appropriations is for “such funds as may be necessary” and does not expire.
Eligible Land
Lands are considered eligible for an EWP floodplain easement if they are
 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
previous 10 years;
 other lands within the floodplain that would contribute to the restoration of the
flood storage and flow, erosion control, or would improve the practical
management of the easement; or
 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 if
 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
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.21
Eligible Participants
EWP participants must have ownership of the land. Unlike the general EWP program, EWP
floodplain easements generally 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
case of land with residential housing, NRCS will purchase a floodplain easement only as part of a
larger strategy intended to minimize future flood damage. A project sponsor is required to
purchase the land after structures are removed.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 reported enrolling a total of
1,760 easements on 199,621 acres, including 1,671 closed easements on 185,489 acres.23
Other Programs
Emergency Disaster Loans
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.24 Agricultural producers in
the declared county and contiguous to the county may become eligible for low-interest EM loans.
EM loan funds may be used to help eligible farmers, ranchers, and aquaculture producers recover
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
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.25

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
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
Agriculture. The following section discusses programs used by USDA to offer assistance.
Conservation Reserve Program (CRP)
The Conservation Reserve Program (CRP) provides annual payments to agricultural producers to
take highly erodible and environmentally sensitive land out of production and install resource-
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 generally is
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.26 Requests for emergency haying and
grazing may also be initiated by the county FSA committee.27 Emergency haying and grazing is
allowed—with restrictions—outside of the primary nesting season for birds.28 During primary
nesting season, emergency grazing is allowed with a reduction in carrying capacity. Certain CRP
acres 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)
The Environmental Quality Incentives Program (EQIP) is a voluntary program that provides
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
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.,
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).
Issues for Congress
Funding Mechanisms
Historically, the majority of emergency assistance for agriculture was funded through
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
activities not funded in the regular appropriation or to provide funds when the regular
appropriation is deemed insufficient.
Since most agricultural land assistance programs do not receive the level of attention that triggers
a standalone supplemental appropriation bill, annual appropriation 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

vehicle for funding these programs. The change in funding mechanism from standalone
supplemental appropriations to annual appropriations has presented a challenge for agricultural
land assistance programs. The timing of annual appropriations bills may not coincide with natural
disasters and the subsequent requests for assistance. This can increase the time between eligible
disasters and funding availability. Disaster funds are typically provided to remain available until
expended, which has allowed smaller, more localized disasters to be addressed in years without
appropriations. However, despite this flexibility, the inconsistent funding has left some
agricultural land assistance programs without funding during times of high request volume.
Beginning in the 2008 farm bill, and continued in the 2014 farm bill, Congress authorized a series
of permanent disaster assistance programs that receive mandatory funding, rather than relying on
supplemental appropriations.29 These programs assist with crop and livestock production loss and
are generally 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
rehabilitation programs discussed in this report, however, funding remains discretionary and is
provided on an ad hoc basis.
The variability of funding for agricultural land rehabilitation has led some to suggest that these
programs have been left behind in favor of providing assistance for crop and livestock production
loss rather than for land rehabilitation and natural resources degradation. Some have suggested
that the use of permanent mandatory funding could be expanded beyond production to include
land rehabilitation assistance. Others point out that permanent mandatory funding would likely
require offsets under the current budgetary rules.
Restrictions on Funding
Congress occasionally 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),
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
(Stafford Act, 42 U.S.C. §§5121-5207).30 These restrictions are included to direct USDA fund
distribution or are related to budget scorekeeping requirements.31
Since emergency agricultural land rehabilitation programs do not normally require a federal
disaster declaration from either the President or a state official, the Stafford Act requirement can
become a limiting factor in the way agricultural land rehabilitation programs work, potentially
limiting assistance to fewer natural disaster events. For example, droughts are traditionally not
declared as major disaster events under the Stafford Act.32 However, droughts are one of the
eligible natural disasters for land rehabilitation programs—primarily to assist livestock producers
to provide water to animals. Since agricultural land rehabilitation program funds are 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.
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
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.
Mitigation
Another potential 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
exists for emergency agricultural land assistance—the EWP floodplain easement program
(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
out of production and restored to a natural function. This program has been authorized since
1997. Prohibitions in prior year appropriations acts have limited available funding for the
program. Initially, most of the purchased floodplain easements were underdeveloped agricultural
lands and a small 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
significantly increased.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

Specialist in Agricultural Conservation and Natural
Resources Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

Congressional Research Service
R42854 · VERSION 28 · UPDATED
13

Download PDF

Download EPUB

Revision History

Jan. 24, 2023

HTML · PDF

2% changed

Jul. 15, 2021

HTML · PDF

20% changed

May. 12, 2020

HTML · PDF

1% changed