Memo - Emergency Request

United States
Department of
Agriculture

Farm
Production
and
Conservation

Farm
Service
Agency

1400 Independence Avenue, SW
Stop 0540
Washington, DC
20250-0540

DATE:

October 12, 2023

TO:

Brenda Aguilar
Branch Chief

THROUGH:

Ruth Brown
USDA Information Collection Officer

FROM:

John Berge
Acting Deputy Administrator for Farm Programs

SUBJECT:

Request for Emergency Approval for a New Information Collection
Package—Emergency Relief Program 2022 (ERP 2022)

JOHN
BERGE

Digitally signed
by JOHN BERGE
Date: 2023.10.12
12:10:46 -05'00'

The Farm Service Agency (FSA) is requesting OMB approval on the emergency request for
a collection of information necessary to implement ERP 2022. FSA is requesting OMB
approval by October 16, 2023, to have the forms ready for the farmers and ranchers to
apply for the financial assistance.
FSA will use funds authorized by Title I of the Disaster Relief Supplemental
Appropriations Act, 2023 (Division N of the Consolidated Appropriations Act, 2023; Pub.
L. 117-328) to assist crop producers who suffered losses due to wildfires, hurricanes,
tornadoes, floods, derechos, excessive heat, winter storms, freeze (including a polar
vortex), smoke exposure, excessive moisture, qualifying drought, and related conditions
occurring in calendar year 2022. FSA is planning to announce ERP 2022 in a Notice of
Funding Availability (NOFA) in the Federal Register. ERP 2022 will administer through 2
tracks (referred to as Track 1 and Track 2).
Track 1 will assist producers who received indemnities for crop or tree losses through
certain federal crop insurance policies or payments for crop losses through the Noninsured
Crop Disaster Assistance Program (NAP). Track 1 applications will be pre-filled based on
data already on file with FSA and the Risk Management Agency (RMA) and mailed to
producers. Track 1 applicants must certify that they suffered an eligible loss and agree to
obtain crop insurance or NAP coverage and indicate shares in the crops listed on the form.
Producers with a Whole Farm Revenue Protection policy or whole-farm unit must also
indicate the percentage attributed to specialty crops in order to implement payment
limitation provisions as required by law.
Track 2 will assist producers for other crop losses through a revenue-based approach.
Track 2 applicants will complete an application form to indicate their benchmark and
disaster year revenue, and percentage from specialty crops. Track 2 producers must also
submit FSA-525, Crop Insurance or NAP Coverage Agreement, to certify that they will
purchase federal crop insurance or NAP coverage as required by law. FSA is also providing
optional worksheets (FSA-525-A and FSA-525-B) that Track 2 applicants can use to assist
in calculating their benchmark and disaster year revenue.

Applicants must also submit the following forms if applicable and if not previously filed
with FSA: CCC-860, Socially Disadvantaged, Limited Resource, Beginning and Veteran
Farmer or Rancher Certification; CCC-901, Member Information for Legal Entities; CCC902, Farm Operating Plan; AD-1026, Highly Erodible Land Conservation (HELC) and
Wetland Conservation Certification; AD-2047, Customer Data Worksheet; and FSA-510,
Request for An Exception to the $125,000 Payment Limitation for Certain Programs.
The collection of information is essential to the mission of FSA because it is part of the
safety net to help producers continue farming despite suffering losses that are outside of
their control. FSA cannot reasonably comply with the normal PRA clearance procedures as
specified in the 5 CFR part 1320 because public harm is reasonably likely to result if normal
PRA clearance procedures are followed – that public harm would be to the producers who
have suffered crop losses due to qualifying disaster events, many of whom may not be able
to absorb those losses, and any additional delay in assistance could cause them to have to
consider making business decisions that they would not otherwise choose to make, which
could result in changes that could extend the harm to consumers and others in the line of
business.
If there are any questions or concerns, please call Deirdre Holder at 202-205-5851 or Mary
Ann Ball at 202-720-4283.

USDA is an equal opportunity provider, employer, and lender.