Rule2025-17742
Emergency Livestock Relief Programs
Primary source
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Published
September 15, 2025
Effective
September 15, 2025
Issuing agencies
Agriculture DepartmentFarm Service Agency
Abstract
The Farm Service Agency (FSA) is issuing this rule to implement the Emergency Livestock Relief Program (ELRP) 2023 and 2024 Flood and Wildfire (FW), which provides payments to eligible livestock producers for losses as a result of increased supplemental feed costs due to a qualifying flood or qualifying wildfire (excluding wildfires on federally managed land) in calendar years 2023 and 2024. This rule specifies the administrative provisions, eligibility requirements, and payment calculations for ELRP 2023 and 2024 FW. This rule also amends the regulation for ELRP 2023 and 2024, which provides assistance for qualifying drought and qualifying wildfire on federally managed land, to specify that it has a combined payment limitation with ELRP 2023 and 2024 FW and to provide program deadlines.
Full Text
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<title>Federal Register, Volume 90 Issue 176 (Monday, September 15, 2025)</title>
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[Federal Register Volume 90, Number 176 (Monday, September 15, 2025)]
[Rules and Regulations]
[Pages 44299-44313]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17742]
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 760
[Docket ID FSA-2025-0005]
RIN 0560-AI72
Emergency Livestock Relief Programs
AGENCY: Farm Service Agency, U.S. Department of Agriculture (USDA).
ACTION: Final rule.
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SUMMARY: The Farm Service Agency (FSA) is issuing this rule to
implement the Emergency Livestock Relief Program (ELRP) 2023 and 2024
Flood and Wildfire (FW), which provides payments to eligible livestock
producers for losses as a result of increased supplemental feed costs
due to a qualifying flood or qualifying wildfire
[[Page 44300]]
(excluding wildfires on federally managed land) in calendar years 2023
and 2024. This rule specifies the administrative provisions,
eligibility requirements, and payment calculations for ELRP 2023 and
2024 FW. This rule also amends the regulation for ELRP 2023 and 2024,
which provides assistance for qualifying drought and qualifying
wildfire on federally managed land, to specify that it has a combined
payment limitation with ELRP 2023 and 2024 FW and to provide program
deadlines.
DATES: This rule is effective on September 15, 2025. The deadline to
submit an application for ELRP 2023 and 2024 FW is October 31, 2025.
The deadline to submit all required eligibility forms for ELRP 2023 and
2024 and ELRP 2023 and 2024 FW is November 2, 2026.
FOR FURTHER INFORMATION CONTACT: Kathy Sayers; telephone: (202) 720-
6870; email: <a href="/cdn-cgi/l/email-protection#3d765c495544136e5c44584f4e7d484e595c135a524b"><span class="__cf_email__" data-cfemail="d09bb1a4b8a9fe83b1a9b5a2a390a5a3b4b1feb7bfa6">[email protected]</span></a>. Individuals with disabilities who
require alternative means for communication should contact the USDA
Target Center at (202) 720-2600 (voice and text telephone (TTY mode))
or dial 711 for Telecommunications Relay Service (both voice and text
telephone users can initiate this call from any telephone).
SUPPLEMENTARY INFORMATION:
Background
Title I of the Disaster Relief Supplemental Appropriations Act,
2025 (Division B of the American Relief Act, 2025; Public Law 118-158;
referred to as ``the Act'' in this document) provides
``$30,780,000,000, to remain available until expended, for necessary
expenses related to losses of revenue, quality or production of crops
(including milk, on-farm stored commodities, crops prevented from
planting, and harvested adulterated wine grapes), trees, bushes, and
vines, as a consequence of droughts, wildfires, hurricanes, floods,
derechos, excessive heat, tornadoes, winter storms, freeze, including a
polar vortex, smoke exposure, and excessive moisture occurring in
calendar years 2023 and 2024 under such terms and conditions as
determined by the Secretary of Agriculture . . .''. From that amount,
the Act directs the Secretary of Agriculture to use up to $2 billion to
provide assistance to livestock producers, as determined by the
Secretary, for losses incurred during calendar years 2023 and 2024 due
to drought, wildfires, or floods.
On May 29, 2025, FSA announced ELRP 2023 and 2024, which provides
approximately $1 billion in assistance to eligible livestock producers
for losses due to qualifying drought and qualifying wildfire using
producer data already on file with FSA through participation in the
Livestock Forage Disaster Program (LFP) (90 FR 22614). Assistance for
losses due to qualifying wildfires from ELRP 2023 and 2024 is limited
to qualifying wildfires occurring on federally managed land. This rule
announces ELRP 2023 and 2024 FW, which will use the approximate $940
million in funding remaining of the $2 billion authorized to assist
eligible livestock producers who incurred losses as a result of
increased supplemental feed costs due to a qualifying flood or
qualifying wildfire in calendar years 2023 and 2024. ELRP 2023 and 2024
FW assistance for wildfires is available only on non-federally managed
land, and this requirement is not applicable to qualifying floods.
Severe floods and wildfires in 2023 and 2024 disrupted feed
availability and worsened forage conditions in major livestock-
producing regions, particularly impacting the dairy and beef cattle
sectors. These events, on both public and private land, strained local
feed markets, increased supplemental feed costs for livestock
producers, and reduced livestock productivity including milk production
and livestock weaning weights. In 2023 and 2024, just under 11.5
million acres were affected by wildfires in the United States,
according to the National Oceanic and Atmospheric Administration's
(NOAA's) Annual Wildfires Reports.\1\ In March 2024, five wildfires
were contained in the Texas Panhandle, the largest cattle-producing
region in the world. These wildfires resulted in approximately 1.1
million scorched acres, hundreds of destroyed structures, hundreds of
miles of ruined fencing, and more than 7,000 dead cattle.\2\ During
July 2023 and continuing into 2024, heavy rains and flash floods swept
across the nation, inundating large portions of the country,
particularly in the Northeast, Southeast, and Midwest. California was
severely impacted by floods in 2023 due to atmospheric rivers, while
Hurricanes Helene and Milton caused widespread flash flooding in the
Southeast in 2024. These extreme weather events had widespread effects
including:
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\1\ See NOAA National Centers for Environmental Information,
Monthly Wildfires Report for Annual 2023, available at <a href="https://www.ncei.noaa.gov/access/monitoring/monthly-report/fire/202313">https://www.ncei.noaa.gov/access/monitoring/monthly-report/fire/202313</a>, and
Monthly Wildfires Report for Annual 2024, available at <a href="https://www.ncei.noaa.gov/access/monitoring/monthly-report/fire/202413">https://www.ncei.noaa.gov/access/monitoring/monthly-report/fire/202413</a>.
\2\ NOAA, Assessing the U.S. Climate in March 2024, available at
<a href="https://www.ncei.noaa.gov/news/national-climate-202403">https://www.ncei.noaa.gov/news/national-climate-202403</a>.
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<bullet> Disruptions to infrastructure (roads being impassable or
washed out) and to local feed supply chains, causing delays and
increased transportation costs to deliver feed products to livestock
producers;
<bullet> Increased feed costs for livestock producers and
difficulty in securing replacement feed due to reduced crop quality or
outright crop failure; and
<bullet> Degraded livestock performance (including reduced
production and lower weaning weights), especially among dairy cattle,
as a result of low-quality feed and feed ration inconsistencies.\3\
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\3\ See the ELRP 2023 and 2024 FW Cost Benefit Analysis (CBA).
To obtain a copy of the ELRP 2023 and 2024 FW CBA, search by docket
number FSA-2025-0005 using the search box on <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>.
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Unlike losses due to drought and losses due to wildfire on
federally managed land, which were covered under the LFP and the
previous ELRP 2023 and 2024, the new ELRP 2023 and 2024 FW compensates
eligible livestock producers for losses due to qualifying floods, and
qualifying wildfires on non-federally managed lands, that LFP and other
Federal programs do not cover.
ELRP 2023 and 2024 FW will compensate eligible livestock producers
for the equivalent of 60 percent of:
<bullet> 1 month of the calculated monthly feed costs for the
producer's eligible covered livestock inventories for a qualifying
wildfire; and
<bullet> 3 months of the calculated monthly feed costs for the
producer's eligible covered livestock inventories for a qualifying
flood.
While both qualifying disaster events are significant, the 3-month
time period used for calculating payments for a qualifying flood will
address both short-term and long-term feed needs resulting from the
impact a qualifying flood has to the agricultural landscape, including
the likely delay associated with bringing the flood impacted land back
into production for livestock forage or grazing needs. The 1-month time
period used for calculating payments for a qualifying wildfire is
intended to address immediate feed needs and short-term impacts to the
affected acres impacted by the qualifying wildfire. While wildfire
destroys existing cover present on the landscape, it does not typically
require extensive rehabilitation to support the regeneration of grazing
acres or forage production like that of flood affected acres. The
monthly feed costs are calculated based on the kind, type, and weight
class, if applicable, for the
[[Page 44301]]
livestock at the time of the qualifying event using the same monthly
feed cost calculation used for LFP.\4\ FSA's use of a standard monthly
feed cost calculation, based on 1 month for qualifying wildfire or 3
months for qualifying flood, streamlines program delivery by minimizing
the amount of information a producer must submit and reduces the burden
on producers to produce records of supplemental feed costs during an
application period that is months or years after the qualifying
disaster events. This approach is similar to LFP, which provides
assistance based on the occurrence and severity of drought as verified
by the U.S. Drought Monitor.
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\4\ Monthly feed costs are based on a feed grain equivalent that
is calculated according to 7 CFR 1416.207, as specified in 7 U.S.C.
9081(c), which uses the higher of the national average corn price
per bushel for the 12- or 24-month period immediately preceding
March 1 of the calendar year. For 2023, the monthly value of forage
resulted in an LFP payment rate of $58.12 for 2023 and $52.56 for
2024 per eligible one animal unit per month. See also Table 2.
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FSA cannot determine eligible producers and payment amounts using
producer data that is already on file as a result of participation in
other programs; therefore, livestock producers will be required to
submit an application for ELRP 2023 and 2024 FW. Although FSA was able
to use data previously reported to FSA to streamline administration and
identify program demand for ELRP 2023 and 2024, FSA is unable to
determine the total number of eligible applicants and resulting program
demand for ELRP 2023 and 2024 FW with existing data on file, and
therefore requires eligible livestock producers to apply for
assistance. Due to the need to evaluate program demand, FSA will not
issue payments at the onset of the application period. Payments are
expected to be factored because program demand is anticipated to exceed
the amount of funding available.\5\
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\5\ See the ELRP 2023 and 2024 FW Cost Benefit Analysis (CBA).
To obtain a copy of the ELRP 2023 and 2024 FW CBA, search by docket
number FSA-2025-0005 using the search box on https://
www.regulations.gov<a href="https://www.regulations.gov/">https://www.regulations.gov/</a>.
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Producer Eligibility
To be eligible for ELRP 2023 and 2024 FW, a livestock producer must
have owned, leased, purchased, entered into a contract to purchase, or
was an eligible contract grower of eligible covered livestock on the
beginning date of the qualifying disaster event; and suffered an
eligible loss due to a qualifying disaster event, as described below.
Eligible producers may receive payment for 1 or both years, and they
may receive payments for multiple qualifying disaster events, if
applicable, not to exceed the equivalent of 3 months of assistance per
producer, per physical location county of the qualifying disaster
event, per program year.
Eligible livestock producers for ELRP 2023 and 2024 FW do not
include livestock auction facilities, operations in the business of
housing livestock on a day-to-day basis (including but not limited to
preparing livestock for sale or export) or those whose business is to
buy and sell livestock from various sources, only serving as an
intermediary between livestock producers and buyers. As with LFP,
livestock located in commercial feedlots or feedyards (livestock in the
final stage of production before slaughter) are not eligible for ELRP
2023 and 2024 FW.
Forage quality is important at varying livestock development levels
to both dairies and feedlots; however, forage serves a different
purpose in dairy versus feedlot feed rations. Dairies rely on high
quality forage for healthy rumen for optimizing milk production while
forage needs for feedlots focus on fiber and calories for cattle
growth. Cattle feeding operations have a broader opportunity to balance
and alter their feed sources to meet energy needs (such as feed grains,
silage, and earlage) and fiber needs (such as dry hay, cover crops, and
sorghum silage) in their rations, versus dairies, which typically
require high-quality alfalfa. By far the most important hay crop fed to
dairy cattle in the United States is alfalfa. Alfalfa provides a
significant amount of energy, which is essential for milk production
and reproduction in dairy cows. Dairy utilization may account for 75 to
80 percent of the utilization of alfalfa in the major dairy States,
such as California, Wisconsin, New York, Idaho, and New Mexico.\6\
Alfalfa is bulky and expensive to transport, so when a livestock
producer's fields are impacted by disaster, it can become difficult or
impossible to secure this critical feed.
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\6\ Higginbotham, G.E. et al., Chapter 17, ``Alfalfa Utilization
for Livestock,'' in Irrigated Alfalfa Management in Mediterranean
and Desert Zones, edited by C.G. Summers and D.H. Putnam, University
of California Agriculture and Natural Resources Publication 8303,
2008 (available at <a href="http://alfalfa.ucdavis.edu/IrrigatedAlfalfa">http://alfalfa.ucdavis.edu/IrrigatedAlfalfa</a>).
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Consistent with other disaster programs including ELRP, ELRP 2022,
ELRP 2023 and 2024, the Emergency Relief Program (ERP), ERP 2022, 2017
Wildfire and Hurricane Indemnity Program (WHIP), and WHIP+, the average
adjusted gross income (AGI) limitation is not applicable to ELRP 2023
and 2024 FW.
Eligible Loss
Eligible losses for ELRP 2023 and 2024 FW are losses due to
increased supplemental feed costs as a result of the qualifying
disaster event that occurred in calendar year 2023 or 2024, if the
eligible livestock producer, as of the beginning date of the qualifying
disaster event, was an owner, operator, landlord, tenant, sharecropper,
or eligible contract grower who shares in the risk of producing covered
livestock and who is entitled to a share in the eligible covered
livestock, physically located in the county affected by the qualifying
disaster event, or that normally would have been physically located in
that county in the absence of the qualifying disaster event, as
described below.
Qualifying Disaster Event
Qualifying disaster events for ELRP 2023 and 2024 FW include
qualifying floods and qualifying wildfires that occurred in calendar
year 2023 or 2024. ``Qualifying flood'' means a severe and extreme
flooding event that causes widespread destruction, significant property
and crop damage, livestock loss and displacement, and major economic
loss to infrastructure and the environment, typically overwhelming
local flood defenses and response systems. ``Qualifying wildfire''
means an unplanned, unwanted wildfire burning in natural areas like
forests, grasslands, or brushlands, on non-federally managed lands.
These wildfires can be started by natural causes like lightning, or
human activities, and they consume vegetation and spread based on
environmental conditions. A qualifying wildfire does not include fires
that were planned, intentional, or prescribed burns. Wildfires on
federally managed lands are not included because they were covered
under ELRP 2023 and 2024.
To streamline program delivery and reduce the burden on applicants,
FSA has confirmed that qualifying floods and qualifying wildfires have
occurred in many counties based on disaster designations (including
Secretarial disaster designations, Presidential declarations, and FSA
Administrator's physical loss notifications), weather data, and
reported economic impacts. For losses in these affected counties, which
have been approved by the Deputy Administrator, livestock producers are
not required to submit supporting documentation of the qualifying
disaster event. A list of counties approved by the Deputy Administrator
is available in FSA county offices and at https://
[[Page 44302]]
www.fsa.usda.gov/resources/programs/emergency-livestock-relief-program-
elrp.
For losses in counties that have not been approved by the Deputy
Administrator, livestock producers must provide supporting
documentation to substantiate that a qualifying flood or qualifying
wildfire occurred in the county where their livestock were physically
located, and eligibility is subject to the county committee's
determination that the disaster event meets the specific criteria
established for a qualifying flood or qualifying wildfire eligibility.
Acceptable documentation includes but is not limited to: photographs
that document the impact that a qualified disaster event had on the
producer's livestock, showing damage to land and property;
documentation that indicates economic losses, loss and displacement of
livestock, and damage to infrastructure; insurance documentation;
reports of a declared emergency area by local, State, or Federal
authorities; any documentation that supports long term recovery needs
such as debris removal or property or land repair; news articles; NOAA
storm event database records; other FSA disaster program participation
records; and any other documentation determined acceptable by the
county committee.
Eligible Livestock
Eligible covered livestock, as of beginning date of the qualifying
flood or qualifying wildfire, must:
<bullet> have been physically located in the county in which the
qualifying flood or qualifying wildfire occurred; or
<bullet> have normally been physically located in the county in the
absence of the qualifying disaster event on or after the disaster
event; or were livestock physically relocated from the county due to
the imminent threat of the qualifying flood or qualifying wildfire.
For example, a qualifying wildfire, according to the
Administrator's Physical Loss Notification (APLN), occurred in Roberts
County, Texas on March 8, 2024. ``Livestock Producer A'' had a grazing
lease for adult beef cattle in Roberts County beginning on January 1,
2024 for the calendar year, however, as a result of the threat of the
Smokehouse Creek Fire in the neighboring county, ``Livestock Producer
A'' made the management decision to move the livestock for safety
purposes to another feeding facility in Sherman County on March 4,
2024, four days prior to the qualifying wildfire reaching Roberts
County, and as a result incurred increased supplemental feed costs.
``Livestock Producer A'' would report on the ELRP 2023 and 2024 FW
application that the beginning date of the qualifying wildfire event in
Roberts County occurred on March 8, 2024, and report the number of
eligible covered livestock in inventory on March 8. 2024.
Categories of eligible covered livestock for ELRP 2023 and 2024 FW
are consistent with the kind, type, and weight class of eligible
livestock for LFP \7\ and previous ELRP programs (that is, livestock
that receive 50 percent or more of their nutritional needs from
forage). This includes weaned beef cattle, dairy cattle, beefalo,
buffalo, bison, alpacas, deer, elk, emus, equine, goats, llamas,
ostriches, reindeer, or sheep.
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\7\ As provided in 7 CFR 1416.204(b) and publicized by FSA in
the Livestock Forage Disaster Program Fact Sheet (May, 2025),
available at <a href="https://www.fsa.usda.gov/tools/informational/fact-sheets/livestock-forage-disaster-program-lfp">https://www.fsa.usda.gov/tools/informational/fact-sheets/livestock-forage-disaster-program-lfp</a>.
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Eligible livestock producers must provide documentation to support
the number of livestock in inventory, as of the beginning date of the
qualifying disaster event as reported on FSA-970, at the time of
application.
How To Apply
The application period begins on September 15, 2025. To be eligible
for an ELRP 2023 and 2024 FW payment, a livestock producer must submit
the following by October 31, 2025, the ELRP 2023 and 2024 FW
application period deadline:
<bullet> FSA-970, Emergency Livestock Relief Program (ELRP) 2023
and 2024 Flood and Wildfire (FW) Application;
<bullet> Supporting documentation of livestock inventories reported
on FSA-970;
<bullet> Supporting documentation of the qualifying disaster events
reported on FSA-970, for a flood or wildfire in a county not approved
by the Deputy Administrator as described above;
<bullet> Supporting documentation to establish or update FSA's farm
records to support and verify the livestock producer's physical
location of their livestock, if applicable; and
<bullet> Contract Grower Agreement, if applicable.
Applicants will submit 1 application for each program year, as
applicable. Applicants must also submit the following forms to FSA by
November 2, 2026, for each applicable program year to be eligible for
payment:
<bullet> CCC-902, Farm Operating Plan, for an individual or legal
entity as provided in 7 CFR part 1400;
<bullet> CCC-901, Member Information for Legal Entities, if
applicable;
<bullet> AD-1026, Highly Erodible Land Conservation (HELC) and
Wetland Conservation (WC) Certification, for the participant and
applicable affiliates as provided in 7 CFR part 12; and
<bullet> FSA-510, Request for an Exception to the $125,000 Payment
Limitation for Certain Programs, accompanied by a certification from a
certified public accountant or attorney as to that person or legal
entity's certification, for participants and members of legal entities
to be eligible for the increased payment limitation of $250,000, if
applicable.
Payment Calculation
Certain livestock disaster programs, such as LFP and the Emergency
Livestock Assistance Program (ELAP), have already established the cost
to sustain livestock for 1 month based on 1 animal unit (AU). The
industry standard for 1 AU is one mature, 1,000 pound cow with or
without a calf. This is a measurement used to standardize the forage
needs of different types of livestock. The AU conversion rates for all
covered livestock, based on livestock kind, type, and weight class, are
consistent with the conversion rates established for LFP.
Table 1--Standard AU Conversion Chart Used for LFP and ELRP Programs
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Animal type Animal unit
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Dairy Cow or Bull....................................... 2.6
Beef, Buffalo, or Beefalo Adult Cow or Bull............. 1.00
Equine.................................................. .74
Dairy Cattle, Beef Cattle, Buffalo, or Beefalo 500 lbs. .75
or more................................................
Dairy Cattle, Beef Cattle, Buffalo, or Beefalo less than .50
500 lbs................................................
Deer.................................................... .25
Sheep or Goats.......................................... .25
[[Page 44303]]
Reindeer................................................ .22
Alpaca.................................................. .22
Llama................................................... .36
Ostrich................................................. .55
Emu..................................................... .51
Elk..................................................... .54
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For ELRP 2023 and 2024 FW, eligible livestock producers will
receive a payment for losses due to increased supplemental feed costs
for qualifying disaster events using the same monthly feed cost
calculation used for LFP, equal to the amount of feed grain equivalent,
as determined in 7 CFR 1416.207. ELRP 2023 and 2024 FW will compensate
eligible livestock producers the equivalent of 60 percent of 1 month of
calculated monthly feed costs for a qualifying wildfire and 3 months
for a qualifying flood.
Table 2--Example of FSA Established Monthly Feed Costs for Adult Beef and Dairy Cattle and the Corresponding ELRP 2023 and 2024 FW Payment Rates
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ELRP 2023 and 2024 FW ELRP 2023 and 2024 FW Flood
Wildfire Payment Rates per Payment Rates per head (60
Program year Livestock type and animal Monthly feed costs (as head (60 percent of 1 month percent of 3 months of feed
unit conversion established for LFP) of feed costs prior to costs prior to payment
payment factor) factor)
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2023.................................... Beef Cow (1 AU)............ $58.12 $34.87 $104.61
2023.................................... Dairy Cow (2.6 AU)......... 151.12 90.67 272.01
2024.................................... Beef Cow (1 AU)............ 52.56 31.54 94.62
2024.................................... Dairy Cow (2.6 AU)......... 136.66 82.00 246.00
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The following is the ELRP 2023 and 2024 FW payment calculation:
Step A:
(1) The number of eligible covered livestock (by livestock kind/
type/weight) on the beginning date of the qualifying disaster event,
multiplied by;
(2) The producer's share of the reported livestock, multiplied by;
(3) The ELRP 2023 or 2024 FW Wildfire Payment Rate, which equals 1
month of calculated monthly feed costs, or the ELRP 2023 or 2024 FW
Flood Payment Rate, which equals 3 months of calculated monthly feed
costs.
Step B: The resulting number obtained from the multiplication of
(1), (2), and (3) equals the gross ELRP 2023 or 2024 FW payment. This
number is then multiplied by a payment factor, if applicable, to be
determined by the Deputy Administrator, to arrive at the ELRP 2023 and
2024 FW payment. A payment factor will be applied to ensure that total
payments do not exceed the available funding.
The ELRP 2023 and 2024 FW Payment Rates used in Step A (3) will be
equal to 60 percent of the calculated monthly feed cost per 1 AU for 1
month for the applicable calendar year for a qualifying wildfire and 60
percent of the calculated monthly feed cost per 1 AU for 3 months for
the applicable calendar year for a qualifying flood.
The following is an example of the payment calculation for ELRP
2023 and 2024 FW for a loss due to a qualifying flood in calendar year
2024. An eligible livestock producer was directly impacted by a
qualifying flood in Alleghany County, North Carolina, on September 27,
2024, due to Hurricane Helene. This disaster destroyed feed that had
been purchased and limited livestock grazing, causing the producer to
purchase additional supplemental feed to sustain the producer's
livestock. The producer provided documentation that the producer owned
250 head of adult beef cattle in inventory on the beginning date of the
qualifying flood. The following illustrates the gross ELRP 2024 FW
payment calculation for this eligible livestock producer, before
application of a payment factor, if applicable:
Table 3--Gross ELRP 2024 FW (Flood) Payment Calculation Example
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Number of livestock in = Gross ELRP 2024 FW
Livestock kind, type, and inventory on the beginning x ELRP 2024 FW (flood) payment before payment
weight of livestock date of disaster event payment rate Factor, as applicable
----------------------------------------------------------------------------------------------------------------
Beef Cattle, Adult Cows and 250 $94.62 $23,655.00
Bulls......................
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FSA will not issue payments at the beginning of the application
period. However, during the application period, the Deputy
Administrator will evaluate program demand and if an initial payment
factor can be established, payments may begin to be processed. After
the application period, FSA will determine a final payment factor, if
applicable, to be applied to the gross ELRP 2023 and 2024 FW payment
calculation described above to ensure payments do not exceed the
funding authorized by the Act. The final payment factor will be
announced in a USDA press release.
Payment Limitation
As required by the Act, ELRP 2023 and 2024 FW is subject to payment
limitations consistent with 7 CFR
[[Page 44304]]
760.1507, as in effect on December 21, 2024. Separate payment
limitations apply to each program year (2023 and 2024). For payment
limitation purposes, payments under ELRP 2023 and 2024 FW and the
previous ELRP 2023 and 2024 will be combined for each program year,
consistent with the combined payment limitation used for each program
year of the Emergency Relief Program (ERP) Phase 1 and Phase 2, ELRP
and ELRP Phase 2, and ERP 2022 Tracks 1 and 2. Therefore, producers who
have received the maximum payment amount for a program year under ELRP
2023 and 2024, based on their applicable payment limitation, will not
be eligible to receive an additional payment under ELRP 2023 and 2024
FW for the same program year.
The payment limitation is determined by the person's or legal
entity's average adjusted gross farm income. Specifically, a person or
legal entity, other than a joint venture or general partnership, cannot
receive, directly or indirectly, more than $125,000 for each program
year if their average adjusted gross farm income is less than 75
percent of their average adjusted gross income (AGI) for the applicable
base period. If at least 75 percent of the person or legal entity's
average AGI is average adjusted gross farm income and the participant
provides the required certification and documentation, as discussed
below, the person or legal entity, other than a joint venture or
general partnership, is eligible to receive, directly or indirectly, up
to $250,000 for each program year.
Average adjusted gross farm income includes income derived from
farming, ranching, and forestry operations, which has the same meaning
for ELRP 2023 and 2024 FW as in other recent FSA programs such as ELRP
2023 and 2024, the Supplemental Disaster Relief Program (SDRP), ERP,
ERP 2022, ELRP, and ELRP 2022. If the average adjusted gross farm
income derived from the items listed in the definition of ``income
derived from farming, ranching, and forestry operations'' (7 CFR
760.2102) is at least 66.66 percent of the average adjusted gross
income of the person or legal entity, then the average adjusted gross
farm income may also take into consideration income or benefits derived
from the sale, trade, or other disposition of equipment to conduct
farm, ranch, or forestry operations, and the provision of production
inputs and production services to farmers, ranchers, foresters, and
farm operations. Inclusion of those items and benefits in this manner
was first introduced by section 1604 of the Food Conservation and
Energy Act of 2008 (Pub. L. 110-234), which amended section 1001D of
the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171).
This provision has been applied in other recent FSA and Commodity
Credit Corporation programs that use a producer's average adjusted
gross farm income for payment eligibility or payment limitation
purposes.
As provided in 7 CFR 1400.105, a payment made to a legal entity
will be attributed to those members who have a direct or indirect
ownership interest in the legal entity unless the payment to the legal
entity has been reduced by the proportionate ownership interest of the
member due to that member's ineligibility. As in other FSA programs,
attribution of payments made to legal entities will be tracked through
four levels of ownership as follows:
<bullet> First level of ownership--any payment made to a legal
entity that is owned in whole or in part by a person will be attributed
to the person in an amount that represents the direct ownership
interest in the first level or payment legal entity; \8\
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\8\ The ``first level or payment legal entity'' is the highest
level of ownership of the applicant to whom payments can be
attributed or limited. There will be a reduction applied for the
``first level or payment legal entity,'' and if the payment entity
happens to be a joint venture, that reduction is applied to the
first level, or highest level, for payments. If the applicant is a
business type that does not have a limitation or attribution, the
reduction is applied to the first level, but if the business type
can have the reduction applied directly to it, then the limitation
applies.
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<bullet> Second level of ownership--any payment made to a first-
level legal entity that is owned in whole or in part by another legal
entity (referred to as a second-level legal entity) will be attributed
to the second-level legal entity in proportion to the ownership of the
second-level legal entity in the first-level legal entity; if the
second-level legal entity is owned in whole or in part by a person, the
amount of the payment made to the first-level legal entity will be
attributed to the person in the amount that represents the indirect
ownership in the first-level legal entity by the person;
<bullet> Third and fourth levels of ownership--except as provided
in the second level of ownership bullet above and in the fourth level
of ownership bullet below, any payments made to a legal entity at the
third and fourth levels of ownership will be attributed in the same
manner as specified in the second level of ownership bullet above; and
<bullet> Fourth level of ownership--if the fourth level of
ownership is that of a legal entity and not that of a person, a
reduction in payment will be applied to the first-level or payment
legal entity in the amount that represents the indirect ownership in
the first level or payment legal entity by the fourth-level legal
entity.
If an individual or legal entity is not eligible to receive ELRP
2023 and 2024 FW payments due to the individual or legal entity failing
to satisfy payment eligibility provisions, the payment made either
directly or indirectly to the individual or legal entity will be
reduced to zero. The amount of the reduction for the direct payment to
the producer will be commensurate with the direct or indirect ownership
interest of the ineligible individual or ineligible legal entity.
Like other programs administered by FSA, payments made to an Indian
Tribe or Tribal organization, as defined in section 4(b) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304), will
not be subject to payment limitation.
Payments made directly or indirectly to a person who is a minor
child will not be combined with the earnings of the minor's parent or
legal guardian.
ELRP 2023 and 2024
ELRP 2023 and 2024 was announced on May 29, 2025 (90 FR 22614).
This rule amends Sec. 760.2004 to provide that October 31, 2025 is the
final date for a producer to have an approved LFP application on file
for the 2023 or 2024 program year to receive an ELRP 2023 and 2024
payment, and all payment eligibility forms must be submitted to FSA by
November 2, 2026. It also amends the payment limitation provisions of
ELRP 2023 and 2024 in 760.2006(a). As described above, payments will be
combined for payment limitation purposes for ELRP 2023 and 2024 and
ELRP 2023 and 2024 FW.
Notice and Comment and Effective Date
The Administrative Procedure Act (APA, 5 U.S.C. 553(a)(2)) provides
that the notice and comment and 30-day delay in the effective date
provisions do not apply when the rule involves specified actions,
including matters relating to benefits or contracts. This rule governs
disaster assistance payments to agricultural producers and therefore
falls within the benefits exemption.
This rule is exempt from the regulatory analysis requirements of
the Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)
because it involves matters relating to benefits. The requirements for
the regulatory flexibility analysis in 5 U.S.C. 603 and 604 are
specifically tied to the
[[Page 44305]]
requirement for a proposed rule by section 553 or any other law; in
addition, the definition of rule in 5 U.S.C. 601 is tied to the
publication of a proposed rule.
The Office of Management and Budget (OMB) found this rule meets the
criteria in 5 U.S.C. 804(2) of the Congressional Review Act (CRA),
which would ordinarily necessitate delaying its effective date for 60
days (5 U.S.C. 801(a)(3)(A)). However, the CRA, at 5 U.S.C. 808(2)
allows an agency to make such regulations effective immediately if the
agency finds there is good cause to do so. USDA has determined that
such good cause exists here. The beneficiaries of this rule are
livestock producers who have incurred losses as a result of increased
supplemental feed costs due to qualifying floods and qualifying
wildfires in calendar years 2023 and 2024, and this assistance is
necessary to help those producers sustain their normal business
operations. To mitigate further harm to livestock producers for losses
due to qualifying events that were beyond their control, USDA finds
that notice and public procedure are contrary to the public interest.
Therefore, USDA is not required to delay the effective date for 60 days
from the date of publication to allow for Congressional review.
Accordingly, this rule is effective upon publication in the Federal
Register.
Executive Orders 12866, 13563, and 14192
Executive Order 12866, ``Regulatory Planning and Review,'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review,''
direct agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). Executive Order 13563 emphasized the importance
of quantifying both costs and benefits, of reducing costs, of
harmonizing rules, and of promoting flexibility. Executive Order 14192
``Unleashing Prosperity Through Deregulation'' announced the
Administration policy to significantly reduce the private expenditures
required to comply with Federal regulations to secure America's
economic prosperity and national security and the highest possible
quality of life for each citizen and to alleviate unnecessary
regulatory burdens placed on the American people. In line with the
Executive Order requirements, the Agency chose this regulatory
approach, which uses monthly feed costs and conversion rates previously
established for LFP and does not require documentation of qualifying
disaster events in certain counties identified by the Deputy
Administrator, to maximize benefits and minimize burden on American
producers. The requirements in Executive Orders 12866 and 13563 for the
analysis of costs and benefits apply to rules that are determined to be
significant or economically significant. This rule is not an E.O. 14192
regulatory action because it does not impose any more than de minimis
regulatory costs.
The Office of Management and Budget (OMB) designated this rule as
economically significant under Executive Order 12866 section 3(f)1 and
therefore, OMB has reviewed this rule. The costs and benefits of this
rule are summarized below. The full CBA is available on
<a href="http://regulations.gov">regulations.gov</a>.
Cost Benefit Analysis Summary
ELRP 2023 and 2024 FW compensates eligible livestock producers in
qualifying disaster-affected areas who faced increased supplemental
feed costs due to degraded forage conditions from qualifying flood, or
qualifying wildfire on non-federally managed land, in 2023 and 2024. To
ensure rapid assistance, payments will be calculated based on a
simplified formula: eligible producers will be compensated for the
equivalent of 60 percent of 1 month of the calculated monthly feed
costs for the producer's livestock inventories for a qualifying
wildfire and 3 months of the calculated monthly feed costs for a
qualifying flood. The monthly feed costs are calculated based on the
kind, type, and weight class, if applicable, for the livestock at the
time of the qualifying event using the same monthly feed cost
calculation used for LFP. Payments will be issued after the program
application period deadline, subject to adjustment using a payment
factor to keep total costs within the available funding.
Estimated ELRP 2023 and 2024 FW costs total $2.45 billion before
payment factoring: about $1.01 billion for 2023 floods, $1.08 billion
for 2024 floods, $17 million for 2023 wildfires, and $120 million for
2024 wildfires. In addition, the sum of those numbers is increased by
10 percent to account for livestock in counties without formal
Secretarial, Presidential, or APLN Disaster Designations that may have
experienced a qualifying disaster event and to account for all other
eligible animals. Payments are expected to be factored as estimated
program demand is anticipated to exceed available funds. The majority
of payments are expected to be made in FY 2026.
Environmental Review
The environmental impacts have been considered in a manner
consistent with the provisions of the National Environmental Policy Act
(NEPA, 42 U.S.C. 4321-4347) and the USDA regulation for compliance with
NEPA (7 CFR part 1b).
The purpose of ELRP 2023 and 2024 Flood and Wildfire is to provide
assistance to eligible livestock producers for losses incurred due to
increased supplemental feed costs from a qualifying flood or qualifying
wildfire in calendar year 2023 and 2024. The limited discretionary
aspects of this program do not have the potential to impact the human
environment as they are administrative. Accordingly, these
discretionary aspects are covered by the FSA Categorical Exclusions
specified in Sec. 1b.4(c)(16)(viii) that apply to individual farm
participation in FSA programs where no ground disturbance or change in
land use occurs as a result of the proposed action or participation,
and Sec. 1b.(c)(16)(ix) that applies to safety net programs.
No Extraordinary Circumstances (Sec. 1b.3(f)) exist because these
are administrative payment programs. As such, the implementation of and
participation in ELRP 2023 and 2024 Flood and Wildfire do not
constitute major Federal actions that would significantly affect the
quality of the human environment, individually or cumulatively.
Therefore, FSA will not prepare an environmental assessment or
environmental impact statement for this action and, consistent with
Sec. 1b.3(g), this document serves as the programmatic finding of
applicability and no extraordinary circumstance (FANEC) for this
Federal action.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments.'' Executive Order 13175 requires Federal agencies
to consult and coordinate with Tribes on a Government-to-Government
basis on policies that have Tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on one or
more Indian Tribes, on the relationship between the Federal Government
and Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
USDA has assessed the impact of this rule on Indian Tribes and
determined that this rule does not, to our
[[Page 44306]]
knowledge, have Tribal implications that required Tribal consultation
at this time. If a Tribe requests consultation, the USDA Farm Service
Agency will work with the Office of Tribal Relations to ensure
meaningful consultation is provided.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L.
104-4) requires Federal agencies to assess the effects of their
regulatory actions of State, local, and Tribal governments or the
private sector. Agencies generally must prepare a written statement,
including cost benefit analysis, for proposed and final rules with
Federal mandates that may result in expenditures of $100 million or
more in any 1 year for State, local or Tribal governments, in the
aggregate, or to the private sector. UMRA generally requires agencies
to consider alternatives and adopt the more cost effective or least
burdensome alternative that achieves the objectives of the rule. This
rule contains no Federal mandates, as defined in Title II of UMRA, for
State, local and Tribal governments or the private sector. Therefore,
this rule is not subject to the requirements of sections 202 and 205 of
UMRA.
Paperwork Reduction Act Requirements
The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR
part 1320), requires that OMB approve all collections of information by
a Federal agency from the public before they can be implemented.
Respondents are not required to respond to any collection of
information unless it displays a current valid OMB control number. The
information collection request has been approved by OMB under the
control number of 0503-0028; Expiration Date: 10/31/2027. FSA will
issue payments to producers using the following forms: CCC-901, CCC-
902E, CCC-902I, AD-1026, and FSA-510. In addition, for the information
collection under 0503-0028; Expiration Date: 10/31/2027, the agency is
seeking to use FSA-970 with this data collection. The AD-1026 is
exempt.\9\ The FSA-970 is the only new data collection activity
associated with this request. The total annual burden hours for this
information collection is 240,665. See table below for the breakout.
This final rule is a one-time announcement of ELRP 2023 and 2024 FW
Federal financial assistance funding.
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\9\ This information collection is exempted from the Paperwork
Reduction Act as specified in the Agricultural Act of 2014 (Pub. L.
113-79, Title II, Subtitle G, Funding and Administration).
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For Further Information Contact: Requests for additional
information or copies of this information collection should be directed
to Kathy Sayers, Farm Service Agency, U.S. Department of Agriculture,
via email to <a href="/cdn-cgi/l/email-protection#1952786d7160374a78607c6b6a596c6a7d78377e766f"><span class="__cf_email__" data-cfemail="5d163c293524730e3c24382f2e1d282e393c733a322b">[email protected]</span></a>.
Title: Emergency Livestock Relief Program (ELRP) 2023 and 2024
Flood and Wildfire (FW).
Form Numbers: CCC-901, CCC-902E, CCC-902I, FSA-510, FSA-970, and
AD-1026.
OMB Number: 0503-0028.
Expiration Date: 10/31/2027.
Type of Request: Revision to Generic Information Collection.
Abstract: As authorized by Section 2102 of Division B of Title I of
the American Relief Act, 2025 (``the Act''; Pub. L. 118-158), FSA is
administering ELRP 2023 and 2024 Flood and Wildfire (FW) to assist
eligible livestock producers who suffered losses due to increased
supplemental feed costs due to a qualifying flood or qualifying
wildfire occurring in calendar years 2023 and 2024. ELRP 2023 and 2024
FW will use approximately $1 billion in funds. Due to limited funding,
payments may be factored.
Livestock producers who experienced increased supplemental feed
costs due to a qualifying flood or qualifying wildfire in calendar
years 2023 or 2024 are required to submit a FSA-970, ELRP 2023 and 2024
FW Application, for program years 2023, 2024, or both if applicable by
the program application period deadline of October 31, 2025. Eligible
livestock producers may receive payment for one or both years.
Applicants will also need to provide documentation to support the
livestock inventories reported on the application, along with evidence
that a qualifying flood or qualifying wildfire impacted their
livestock, as applicable. For contract growers, a copy of their grower
agreement must be submitted with their application. If the livestock
producer's operation is not established in FSA's system of farm records
for the physical location for which they are applying for assistance,
they must supply FSA a deed, lease, or other forms of verification to
add them to the land record. Other forms required are the CCC-902, Farm
Operating Plan, for an individual or legal entity as provided in 7 CFR
part 1400; CCC-901, Member Information for Legal Entities, if
applicable; AD-1026, Highly Erodible Land Conservation (HELC) and
Wetland Conservation (WC) Certification, for the participant and
applicable affiliates; and FSA-510, Request for an Exception to the
$125,000 Payment Limitation for Certain Programs, for participants and
members of legal entities to be eligible for the increased payment
limitation of $250,000, as applicable.
FSA will calculate payments either during the application period if
program demand can be determined or after the application period. The
eligibility criteria applicable to LFP also apply to ELRP 2023 and 2024
FW, excluding the LFP average adjusted gross income (AGI) limitation.
Affected Public: Farms or businesses for profit.
Estimated Number Respondents: 396,195.
Estimated Number of Responses per Respondent: 2.70356012.
Estimated Number of Total Annual Responses per Respondent:
1,071,137.
Estimated Time per Respondent: .2246816 hours.
Estimated Total Annual Burden on Respondents: 240,665 burden hours.
----------------------------------------------------------------------------------------------------------------
Number of Total
Burden activity or form Number of responses per annual Hours per Total hours
respondents respondent responses response per year
----------------------------------------------------------------------------------------------------------------
Emergency Livestock Relief Program (ELRP) 396,195 1 396,195 0.25 99,049
2023 and 2024 Flood and Wildfire
(FW)Application--FSA-970...................
Member Information for an Entity--CCC-901... 45,423 1 45,423 0.50 22,712
Farm Operating Plan for an Individual or 90,845 1 90,845 0.50 45,423
Entity--CCC-902I or CCC-902E...............
Request for an Exception to the $125,000 7,817 1 7,817 0.0835 653
Payment Limitation for Certain Programs--
FSA-510....................................
Highly Erodible Land Conservation (HELC) and 90,845 1 90,845 0.0835 EXEMPT
Wetland Conservation (WC) Certification--AD-
1026.......................................
Contract Grower Agreement................... 7,817 1 7,817 0.0835 653
[[Page 44307]]
Proof of Livestock Inventories.............. 396,195 1 396,195 0.167 66,165
Proof of Qualifying Disaster Event.......... 36,000 1 36,000 0.167 6,012
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Total Estimates......................... 396,195 2.7035601 1,071,137 0.2246816 240,665
----------------------------------------------------------------------------------------------------------------
There are 396,195 respondents anticipated for this data collection.
The ``Number of Respondents'' column is not a sum, it represents the
same respondents participating in different activities for this data
collection; therefore, these respondents are not double counted.
Once this request has been approved by OMB, the agency plans to
publish another notice in the Federal Register announcing OMB approval.
There is no recordkeeping or third-party burden on the respondents.
E-Government Act Compliance
FSA is committed to complying with the E-Government Act of 2002, to
promote the use of the internet and other information technologies to
provide increased opportunities for citizen access to Government
information and services, and for other purposes.
Federal Assistance Programs
The titles and numbers of the Federal assistance programs, as found
in the Assistance Listing, to which this document applies are 10.986--
Emergency Livestock Relief Program 2023 and 2024, and 10.987--Emergency
Livestock Relief Program (ELRP) 2023 and 2024 Flood and Wildfire (FW).
List of Subjects in 7 CFR Part 760
Acreage allotments, Dairy products, Indemnity payments, Pesticides
and pest, Reporting and recordkeeping requirements.
For the reasons discussed above, the Farm Service Agency amends 7
CFR part 760 as follows:
PART 760--INDEMNITY PAYMENT PROGRAMS
0
1. The authority citation for part 760 continues to read as follows:
Authority: 7 U.S.C. 4501 and 1531; 16 U.S.C. 3801, note; 19
U.S.C. 2497; Title III, Pub. L. 109-234, 120 Stat. 474; Title IX,
Pub. L. 110-28, 121 Stat. 211; Sec. 748, Pub. L. 111-80, 123 Stat.
2131; Title I, Pub. L. 115-123, 132 Stat. 65; Title I, Pub. L. 116-
20, 133 Stat. 871; Division B, Title VII, Pub. L. 116-94, 133 Stat.
2658; Title I, Pub. L. 117-43, 135 Stat. 356; and Division N, Title
I, Pub. L. 117-328, 136 Stat. 4459; Division B, Title I, Pub. L.
118-158, 138 Stat. 1722.
Subpart T--Emergency Livestock Relief Program 2023 and 2024
0
2. Amend Sec. 760.2004 as follows:
0
a. In paragraph (a), remove the words ``the deadline announced by the
Deputy Administrator'' and add ``October 31, 2025'' in their place; and
0
b. In paragraph (b) introductory text, remove the words ``the deadline
announced by the Deputy Administrator'' and add ``November 2, 2026'' in
their place.
Sec. 760.2006 [Amended]
0
3. In Sec. 760.2006(a) introductory text, remove the words ``payments
under this subpart'' and add in their place ``total payments under this
subpart and subpart U combined''.
0
4. Add subpart U, consisting of Sec. Sec. 760.2100 through 760.2110,
to read as follows:
Subpart U--Emergency Livestock Relief Program 2023 and 2024 Flood
and Wildfire
Sec.
760.2100 Applicability.
760.2101 Administration.
760.2102 Definitions.
760.2103 Eligible producers.
760.2104 Qualifying disaster events.
760.2105 Eligible loss condition.
760.2106 Eligible covered livestock.
760.2107 Application.
760.2108 Payment calculation.
760.2109 Payment limitation.
760.2110 Miscellaneous provisions.
Sec. 760.2100 Applicability.
(a) This subpart specifies the eligibility requirements and payment
calculations for the Emergency Livestock Relief Program (ELRP) 2023 and
2024 Flood and Wildfire (FW), which is authorized by Title I of the
Disaster Relief Supplemental Appropriations Act, 2025 (Division B of
the American Relief Act, 2025; Public Law 118-158). ELRP 2023 and 2024
FW provides payments to eligible livestock producers who suffered
losses due to increased supplemental feed costs incurred during
calendar year 2023 and 2024 due to a qualifying flood or qualifying
wildfire.
(b) To be eligible for ELRP 2023 and 2024 FW payments, participants
must comply with all applicable provisions under this subpart.
Sec. 760.2101 Administration.
(a) ELRP 2023 and 2024 FW is administered under the general
supervision and direction of the Administrator, Farm Service Agency
(FSA), and the Deputy Administrator for Farm Programs (Deputy
Administrator).
(b) FSA representatives do not have authority to modify or waive
any of the provisions of the regulations of this subpart as amended or
supplemented.
(c) The State committee will take any action required by the
regulations of this subpart that the county committee has not taken.
The State committee will also:
(1) Correct, or require a county committee to correct, any action
taken by such county committee that is not in accordance with the
regulations of this subpart, or
(2) Require a county committee to withhold taking any action that
is not in accordance with this subpart.
(d) No provision or delegation to a State or county committee will
preclude the FSA Administrator, the Deputy Administrator, or a designee
or other such person, from determining any question arising under the
programs of this subpart, or from reversing or modifying any
determination made by a State or county committee.
(e) Payments issued under this subpart are subject to the
availability of funds authorized under Federal law. Within the funding
limitation that may exist under law, the only funds that will be
considered available to pay eligible losses will be those amounts
approved by the Secretary. If, within the limits of the funding made
available by the Secretary, approval of eligible applications would
result in expenditures in excess of the amount available, FSA will
prorate the available funds by a national payment factor to reduce the
total expected payments to the amount made available by the Secretary.
FSA will make payments based on the payment factor determined by FSA.
Sec. 760.2102 Definitions.
The definitions in parts 718, 1400, and 1416 of this title apply to
this subpart, except where they conflict with
[[Page 44308]]
the definitions in this section. The following definitions also apply.
Adult beef bull means a male beef breed bovine animal that was at
least 2 years old and used for breeding purposes on or before the
beginning date of a qualifying flood or qualifying wildfire.
Adult beef cow means a female beef breed bovine animal that has
delivered one or more offspring. A first-time bred beef heifer is also
considered an adult beef cow if it was pregnant on or before the
beginning date of a qualifying flood or qualifying wildfire.
Adult beefalo bull means a male hybrid of a beef bull and a bison
bull that was used for breeding purposes and was at least 2 years old
on or before the beginning date of the qualifying flood or qualifying
wildfire.
Adult beefalo cow means a female hybrid of a beef cow and a bison
cow that has delivered one or more offspring on or before the beginning
date of the qualifying flood or qualifying wildfire. A first-time bred
beefalo heifer is also considered an adult beefalo cow if it was
pregnant on or before the beginning date of the qualifying flood or
qualifying wildfire.
Adult buffalo or bison bull means a male animal of those breeds
that was used for breeding purposes and was at least 2 years old on or
before the beginning date of the qualifying flood or qualifying
wildfire. This definition also includes water buffalo.
Adult buffalo or bison cow means a female animal of those breeds
that has delivered one or more offspring on or before the beginning
date of the qualifying flood or qualifying wildfire. A first-time bred
buffalo or bison heifer is also considered an adult buffalo or bison
cow if it was pregnant on or before the beginning date of the
qualifying flood or qualifying wildfire. This definition also includes
water buffalo.
Adult dairy bull means a male dairy breed bovine animal at least 2
years old used primarily for breeding dairy cows on or before the
beginning date of a qualifying flood or qualifying wildfire.
Adult dairy cow means a female dairy breed bovine animal used for
the purpose of providing milk for human consumption that has delivered
one or more offspring on or before the beginning date of a qualifying
flood or qualifying wildfire. A first-time bred dairy heifer is also
considered an adult dairy cow if it was pregnant on or before the
beginning date of a qualifying flood or qualifying wildfire.
APLN means an FSA Administrator's Physical Loss Notification made
according to Sec. 759.6(a)(2) of this title.
Application means the ELRP 2023 and 2024 FW application form (FSA-
970).
Average adjusted gross farm income means the average of the person
or legal entity's adjusted gross income derived from farming, ranching,
and forestry operations, including losses, for the base period.
(1) If the resulting average adjusted gross farm income derived
from paragraphs (1) through (13) of the definition for ``income derived
from farming, ranching, and forestry operations'' in this section is at
least 66.66 percent of the average adjusted gross income of the person
or legal entity, then the average adjusted gross farm income may also
take into consideration income or benefits derived from the following:
(i) The sale, trade, or other disposition of equipment to conduct
farm, ranch, or forestry operations; and
(ii) The provision of production inputs and services to farmers,
ranchers, foresters, and farm operations.
(2) For legal entities not required to file a Federal income tax
return, or a person or legal entity that did not have taxable income in
1 or more of the tax years during the base period, the average gross
farm income will be the adjusted gross farm income, including losses,
averaged for the base period, as determined by FSA. For a legal entity
created during the base period, the adjusted gross farm income average
will include only those years of the base period for which it was in
business; however, a new legal entity will not be considered ``new'' to
the extent it takes over an existing operation and has any elements of
common ownership interest and land with the preceding person or legal
entity from which it took over. When there is such commonality, income
of the previous person or legal entity will be averaged with that of
the new legal entity for the base period. For a person filing a joint
tax return, the certification of average adjusted gross farm income may
be reported as if the person had filed a separate Federal tax return,
and the calculation is consistent with the information supporting the
filed joint return.
Average AGI means the average of the adjusted gross income as
defined under 26 U.S.C. 62 or comparable measure of the person or legal
entity for the base period.
Base period means:
(1) 2019, 2020, and 2021 for the 2023 program year; and
(2) 2020, 2021, and 2022 for the 2024 program year.
Covered livestock means livestock of an eligible livestock producer
that, on the beginning date of a qualifying flood or qualifying
wildfire, the eligible livestock producer owned, leased, purchased,
entered into a contract to purchase, or was a contract grower of.
Notwithstanding the foregoing portions of this definition, covered
livestock does not include livestock in feedlots.
Disaster designation means designation as a primary county (not
including contiguous counties) for any of the following that were
issued for a flood, including hurricanes, tropical storms, typhoons, or
wildfire that occurred in the 2023 or 2024 calendar year:
(1) APLN;
(2) Presidential declaration; or
(3) Secretarial disaster designation.
ELRP 2023 and 2024 means Emergency Livestock Relief Program 2023
and 2024 administered under 7 CFR part 760, subpart T.
ELRP 2023 and 2024 FW means Emergency Livestock Relief Program 2023
and 2024 Flood and Wildfire administered under 7 CFR part 760, subpart
U.
Farming operation means a business enterprise engaged in the
production of agricultural products, commodities, or livestock,
operated by a person, legal entity, or joint operation. A person or
legal entity may have more than one farming operation if the person or
legal entity is a member of one or more legal entities or joint
operations.
Grazing animal means those species of livestock that, from a
nutritional and physiological perspective, are weaned and satisfy more
than 50 percent of their net energy requirement through the consumption
of forage grasses and legumes, regardless of whether they are grazing
or are present on grazing land or pastureland. Unweaned livestock are
not considered grazing animals.
Income derived from farming, ranching, and forestry operations
means income of an individual or entity derived from:
(1) Production of crops and unfinished raw forestry products;
(2) Production of livestock, aquaculture products used for food,
honeybees, and products derived from livestock;
(3) Production of farm-based renewable energy;
(4) Selling (including the sale of easements and development
rights) of farm, ranch, and forestry land, water or hunting rights, or
environmental benefits;
(5) Rental or lease of land or equipment used for farming,
ranching, or forestry operations, including water or hunting rights;
[[Page 44309]]
(6) Processing, packing, storing, and transportation of farm,
ranch, or forestry commodities including for renewable energy;
(7) Feeding, rearing, or finishing of livestock;
(8) Payments of benefits, including benefits from risk management
practices, Federal crop insurance indemnities, and catastrophic risk
protection plans;
(9) Sale of land that has been used for agricultural purposes;
(10) Benefits (including, but not limited to, cost-share assistance
and other payments) from any Federal program made available and
applicable to payment eligibility and payment limitation rules, as
provided in 7 CFR part 1400;
(11) Income reported on Internal Revenue Service (IRS) Schedule F
(Form 1040), Profit or Loss from Farming, or other schedule, approved
by the Deputy Administrator, used by the person or legal entity to
report income from such operations to the IRS;
(12) Wages or dividends received from a closely held corporation,
an Interest Charge Domestic International Sales Corporation (also known
as IC-DISC), or legal entity comprised entirely of family members when
more than 50 percent of the legal entity's gross receipts for each tax
year are derived from farming, ranching, and forestry activities as
defined in this subpart; and
(13) Any other activity related to farming, ranching, and forestry,
as determined by the Deputy Administrator.
IRS means the Department of the Treasury, Internal Revenue Service.
Legal entity, as used in this subpart:
(1) Means an entity that is created under Federal or State law and
that:
(i) Owns land or an agricultural commodity; or
(ii) Produces an agricultural commodity; and
(2) Includes corporations, joint stock companies, associations,
limited partnerships, limited liability companies, irrevocable trusts,
estates, charitable organizations, general partnerships, joint
ventures, and other similar organizations created under Federal or
State law including any such organization participating in a business
structure as a partner in a general partnership, a participant in a
joint venture, a grantor of a revocable trust, or as a participant in a
similar organization. A business operating as a sole proprietorship is
considered a legal entity.
LFP means the Livestock Forage Disaster Program under section 1501
of the Agricultural Act of 2014 (7 U.S.C. 9081) and 7 CFR part 1416,
subpart C.
Monthly precipitation means precipitation reported in a specific
month period, derived from the National Oceanic and Atmospheric
Administration, National Centers for Environmental Information ``NOAA
Monthly Climate Gridded Dataset (NClimGrid)'' available at <a href="https://www.ncei.noaa.gov/access/us-climate-normals/">https://www.ncei.noaa.gov/access/us-climate-normals/</a>.
Non-adult beef cattle means a weaned beef breed bovine animal that
on or before the beginning date of a qualifying flood or qualifying
wildfire does not meet the definition of adult beef cow or bull.
Non-adult beefalo means a weaned hybrid of a beef animal and bison
that on or before the beginning date of the qualifying flood or
qualifying wildfire does not meet the definition of adult beefalo cow
or bull.
Non-adult buffalo or bison means a weaned animal of those breeds
that, on or before the beginning date of the qualifying flood or
qualifying wildfire, does not meet the definition of adult buffalo or
bison cow or bull. This definition also includes water buffalo.
Non-adult dairy cattle means a weaned bovine animal, of a breed
used for the purpose of providing milk for human consumption, that on
or before the beginning date of a qualifying flood or qualifying
wildfire does not meet the definition of adult dairy cow or bull.
Normal precipitation means precipitation based on the National
Oceanic and Atmospheric Administration, National Centers for
Environmental Information ``U.S. Climate Normals, Latest 30 Year Period
(1991-2020)'' available at <a href="https://www.ncei.noaa.gov/access/us-climate-normals/">https://www.ncei.noaa.gov/access/us-climate-normals/</a>.
Owner means one who had legal ownership of the livestock for which
benefits are being requested at the beginning of a qualifying flood or
qualifying wildfire.
Ownership interest means to have either a legal ownership interest
or a beneficial ownership interest in a legal entity. For the purposes
of administering ELRP 2023 and 2024 FW, a person or legal entity that
owns a share or stock in a legal entity that is a corporation, limited
liability company, limited partnership, or similar type entity where
members hold a legal ownership interest and shares in the profits or
losses of such entity is considered to have an ownership interest in
such legal entity. A person or legal entity that is a beneficiary of a
trust or heir of an estate who benefits from the profits or losses of
such entity is considered to have a beneficial ownership interest in
such legal entity.
Presidential declaration means a Major Disaster Declaration or an
Emergency Declaration by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121-2),
provided that it is not solely for Category A and Category B Public
Assistance or for Hazard Mitigation Grant Assistance.
Production inputs mean material to conduct farming operations, such
as seeds, chemicals, and fencing supplies.
Production services mean services provided to support a farming
operation, such as custom farming, custom feeding, and custom fencing.
Program year means the calendar year (2023 or 2024) in which the
qualifying disaster event occurred.
Qualifying disaster event means a qualifying flood or qualifying
wildfire that occurred in calendar year 2023 or 2024.
Qualifying flood means a severe and extreme flooding event that
causes widespread destruction, significant property and crop damage,
livestock loss and displacement, and major economic loss to
infrastructure and the environment, typically overwhelming local flood
defenses and response systems.
Qualifying wildfire means an unplanned, unwanted fire burning in
natural areas like forests, grasslands, or brushlands on non-federally
managed lands. These fires can be started by natural causes like
lightning or human activities, and they consume vegetation and spread
based on environmental conditions. A qualifying wildfire does not
include fires that were planned, intentional, or prescribed burns.
Sec. 760.2103 Eligible producers.
(a) To be eligible for payment under this subpart, a livestock
producer must be an individual or entity who is an owner, operator,
landlord, tenant, or sharecropper, who as of the beginning date of the
qualifying disaster event, shares in the risk of producing livestock
and who is entitled to share in the livestock available for marketing
from the farm, or would have shared had the livestock been produced,
and who also meets the requirements of paragraph (b) of this section.
The term eligible producer can include a livestock owner or contract
grower who satisfies other requirements of this section.
(b) An individual or legal entity seeking to be an eligible
producer under this subpart must submit a Farm Operating Plan, for an
individual or legal entity as provided in 7 CFR part 1400, and be a:
[[Page 44310]]
(1) Citizen of the United States;
(2) Resident alien, which for purposes of ELRP 2023 and 2024 FW
means ``lawful alien'' as defined in 7 CFR part 1400;
(3) Partnership organized under State law consisting solely of
citizens of the United States or resident aliens;
(4) Corporation, limited liability company, or other organizational
structure organized under State law consisting solely of citizens of
the United States or resident aliens; or
(5) Indian Tribe or Tribal organization, as defined in section 4(b)
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(c) The following eligibility provisions apply to payments under
this subpart: 7 CFR part 1416, subparts A and C; 7 CFR part 12; and 7
CFR 718.6.
(d) Eligible livestock producers must be identified as either an
owner or operator as defined in 7 CFR 718.2, or an ``other producer or
tenant'' who is associated with a tract or field not as an owner or
operator, in FSA's farm records for the applicable program year where
the eligible covered livestock were physically located or normally
would have been physically located in the absence of the qualifying
disaster event occurring. Livestock producers who are not established
in FSA's farm record system must provide proof of ownership, a lease,
or owner or operator verification to confirm their interest and
physical location for the applicable program year to be added to an
existing Farm Serial Number or have one established for them.
(e) To be eligible for a payment under this subpart, a livestock
producer must certify that they have incurred increased supplemental
feed costs due to a qualifying disaster event in calendar year 2023 or
2024. Producers may receive payment for one or both years, if eligible,
and they may receive payments for multiple qualifying disaster events,
if applicable, not to exceed the equivalent of 3 months of assistance
per livestock producer, per physical location county, per calendar
year.
(f) If a contract grower is an eligible livestock producer for
covered livestock, the owner of that livestock is not eligible for
payment.
(g) Eligible livestock producers do not include livestock auction
facilities, operations in the business of housing livestock on a day-
to-day basis (including but not limited to preparing livestock for sale
or export), and those whose business is to buy and sell livestock from
various sources, only serving as an intermediary between livestock
producers and buyers. Commercial feedlots and feedyards (feeding
livestock in the final stage of production before slaughter) are not
eligible.
Sec. 760.2104 Qualifying Disaster Events.
(a) Qualifying disaster events for ELRP 2023 and 2024 FW include
only the following:
(1) A qualifying flood in a county identified by the Deputy
Administrator that was severely impacted with flooding, and received
more than 200 percent above normal monthly precipitation associated
with storm events identified in the National Oceanic and Atmospheric
Administration (NOAA) National Centers for Environmental Information
(NCIA) ``U.S. Billion Dollar Weather and Climate Disasters'' (available
at <a href="https://www.ncei.noaa.gov/access/billions">https://www.ncei.noaa.gov/access/billions</a>) for flooding and tropical
cyclone events in calendar years 2023 and 2024. Additional counties are
included that the Deputy Administrator has identified as having a
catastrophic flooding event but did not necessarily meet the
precipitation criteria for a qualifying flood--in these cases, counties
are identified through public data sources that include but are not
limited to disaster designations, supported by weather data indicating
precipitation anomalies causing catastrophic flooding or flash flooding
emergencies, and Federal, State, or local emergency management reports;
(2) A qualifying wildfire in a county identified by the Deputy
Administrator that was severely impacted and received a primary
disaster declaration for wildfire in calendar year 2023 or 2024; and
(3) A qualifying flood or qualifying wildfire in any other county
that, on an individual basis, an eligible producer's livestock was
physically located or normally would have been physically located
absent the qualifying disaster event in calendar year 2023 or 2024.
Acceptable supporting documentation to verify the occurrence of the
qualifying disaster event reported on the FSA-970 meets the established
criteria and occurred is required as established in Sec. 760.2107(a)
and (b) of this subpart.
(b) The beginning date of the qualifying disaster event that the
eligible livestock producer submits on the FSA-970 is the same date the
producer is to report the livestock inventories, and this date
determines which program year the qualifying disaster event is
considered eligible for payment.
(c) Losses due to wildfire occurring on rangeland managed by a
Federal agency are not eligible.
Sec. 760.2105 Eligible Loss Condition.
To be eligible for a payment for ELRP 2023 and 2024 FW, an eligible
livestock producer must have incurred a loss as a result of increased
supplemental feed costs due to a qualifying flood or qualifying
wildfire that occurred in calendar year 2023 or 2024, if the eligible
livestock producer, as of the beginning date of the qualifying disaster
event, was an owner, operator, landlord, tenant, sharecropper, or
eligible contract grower who shares in the risk of producing livestock
and is entitled to share in the eligible covered livestock physically
located in a county affected by the qualifying disaster event, or
normally would have been physically located in that county, in the
absence of the qualifying disaster event. When determining if they had
increased supplemental feed costs, livestock producers must take into
account any changes in livestock inventories and average market prices
from a normal year to the calendar year in which their livestock was
impacted by a qualifying disaster event.
Sec. 760.2106 Eligible Covered Livestock.
(a) To be considered eligible covered livestock for ELRP 2023 and
2024 FW payments, livestock must meet all the following conditions:
(1) Be grazing animals such as adult or non-adult beef cattle,
adult or non-adult beefalo, adult or non-adult buffalo or bison, adult
or non-adult dairy cattle, alpacas, deer, elk, emus, equine, goats,
llamas, ostriches, reindeer, or sheep;
(2) Be livestock that, as of the beginning date of the qualifying
disaster event, were physically located in the county in which the
qualifying disaster event occurred, or normally would have been
physically located, in the absence of the qualifying disaster event on
or after the disaster event; or were livestock physically relocated
from the county due to the imminent threat of the qualifying flood or
qualifying wildfire occurring.
(3) Be livestock that, on the beginning date of the qualifying
disaster event, the eligible livestock producer:
(i) Owned;
(ii) Leased;
(iii) Purchased;
(iv) Entered into a contract to purchase; or
(v) Was a contract grower of; and
(4) Been livestock produced or maintained for commercial use or be
livestock that is produced and maintained for producing livestock
[[Page 44311]]
products for commercial use, such as milk from dairy, as part of the
contract grower's or livestock owner's farming operation on the
beginning date of the qualifying flood or qualifying wildfire;
(b) The covered livestock categories are:
(1) Adult beef cattle cows and bulls;
(2) Adult dairy cows and bulls;
(3) Adult buffalo, beefalo, bison cows and bulls (includes water
buffalo);
(4) Alpacas;
(5) Deer;
(6) Elk;
(7) Emu;
(8) Equine;
(9) Goats;
(10) Llamas;
(11) Non-adult beef cattle;
(12) Non-adult dairy cattle;
(13) Non-adult beefalo, buffalo, or bison (includes water buffalo);
(14) Ostriches;
(15) Reindeer; and
(16) Sheep.
(c) Livestock that are not covered include, but are not limited to:
(1) Livestock that were or would have been in a feedlot, on the
beginning date of the qualifying disaster event, as a part of the
normal business operation of the eligible livestock producer, as
determined by the Secretary;
(2) Ineligible livestock, or livestock that do not meet the
definition of grazing animals;
(3) Yaks;
(4) Poultry;
(5) Swine;
(6) Unweaned livestock or animals not meeting the definition of a
grazing animal;
(7) Any wild free roaming livestock, including horses and deer; and
(8) Livestock produced or maintained for reasons other than
commercial use as part of a farming operation. Such excluded uses
include, but are not limited to:
(i) Racing or wagering;
(ii) Hunting; and
(iii) Consumption by owner.
Sec. 760.2107 Application Process.
(a) To be eligible for a payment under this subpart, a producer
must submit the following to FSA by October 31, 2025:
(1) FSA-970, Emergency Livestock Relief Program 2023 and 2024 Flood
and Wildfire Application, for the applicable year (2023 or 2024);
(2) Supporting documentation that verifies the producer's livestock
inventories reported on the FSA-970 as provided in paragraph (b) of
this section; and
(3) For qualifying disaster events in counties not approved by the
Deputy Administrator as specified in 760.2104(a)(3), supporting
documentation that substantiates that the qualifying disaster event
occurred and affected the livestock in the county where the livestock
were physically located, or would have normally been physically located
in the absence of the qualifying disaster event, as provided in
paragraph (c) of this section.
(4) Contract grower agreement for the applicable program year, if
applicable.
(b) Supporting documentation of livestock inventories as required
by paragraph (a)(2) of this section includes but is not limited to the
following: feed records, daily milking records, veterinary records,
canceled check documentation, balance sheets, inventory records used
for tax purposes, loan records, bank statements, farm credit balance
sheets, property tax records, brand inspection records, sales and
purchase receipts, private insurance documents, chattel inspections,
contemporaneous producer records existing at the time of event,
shearing and docking records, ear tag records, trucking or livestock
hauling records, and other documentation determined acceptable by the
county committee.
(c) Supporting documentation that a qualifying disaster event
occurred as required by paragraph (a)(3) of this section includes but
is not limited to the following: photographs that document the impact a
qualifying loss event had on the producer's livestock, showing damage
to land and property; documentation that indicates economic losses,
loss or displacement of livestock, and damage to infrastructure;
insurance documentation; reports of a declared emergency area by local,
State, or Federal authorities; documentation that supports long term
recovery needs such as debris removal, property or land repair; news
articles; NOAA storm event database records; other FSA disaster program
participation records, and any other documentation determined
acceptable by the county committee.
(d) A producer must also submit the following forms to FSA by
November 2, 2026 if not previously filed for the applicable program
year (2023 or 2024):
(1) CCC-902, Farm Operating Plan, for an individual or legal entity
as provided in 7 CFR part 1400;
(2) CCC-901, Member Information for Legal Entities, if applicable;
(3) AD-1026, Highly Erodible Land Conservation (HELC) and Wetland
Conservation (WC) Certification, for the ELRP 2023 and 2024 FW
participant and applicable affiliates as provided in 7 CFR part 12; and
(4) FSA-510, Request for an Exception to the $125,000 Payment
Limitation for Certain Programs, accompanied by a certification from a
certified public accountant or attorney as to that person or legal
entity's certification, for participants and members of legal entities
to be eligible for the payment limitation of Sec. 760.2006(a)(2), if
applicable.
(e) If requested by FSA, a livestock producer must provide
additional documentation that establishes the producer's eligibility
for ELRP 2023 and 2024 FW. If supporting documentation is requested,
the livestock producer must submit the documentation to FSA within 30
calendar days from the request, or the application will be disapproved
by FSA. FSA may request supporting documentation to verify information
provided by the producer and the producer's eligibility, including, but
not limited to, the livestock producer's share of the eligible covered
livestock and the physical location of their livestock.
Sec. 760.2108 Payment calculation.
(a) ELRP 2023 and 2024 FW will use the information reported on a
producer's approved FSA-970, for the applicable program year (2023 or
2024), as the basis for a payment under this subpart.
(b) FSA will calculate payments under this subpart according to the
following:
(1) The number of eligible livestock (by livestock kind, type, and
weight range) on the beginning date of the qualifying disaster event,
multiplied by;
(2) Producer Share, multiplied by;
(3) The applicable ELRP 2023 and 2024 FW Payment Rate, as specified
in paragraph (c) of this section, which equals;
(4) The gross ELRP 2023 and 2024 FW payment, multiplied by;
(5) An ELRP 2023 and 2024 FW payment factor, if applicable, to be
determined during or after the application period.
(c) The ELRP 2023 and 2024 FW payment rates provided in Table 3 are
based on 60 percent of the monthly feed cost per 1 AU, as determined by
the Deputy Administrator, for the applicable calendar year, using the
same current AU conversion rates as LFP. A qualifying wildfire payment
rate equates to 1 month of calculated feed costs, and a qualifying
flood payment rate equates to 3 months of calculated feed costs.
[[Page 44312]]
Table 1 to Paragraph (c)--ELRP 2023 and 2024 FW Payment Rates by Eligible Covered Livestock Kind, Type, and
Weight Range
----------------------------------------------------------------------------------------------------------------
ELRP 2023 and 2024 FW payment rates
---------------------------------------------------
Livestock kind Type and weight range 2023 2024
Wildfire 2023 Flood Wildfire 2024 Flood
----------------------------------------------------------------------------------------------------------------
Alpaca.............................. All................... $7.68 $23.04 $6.94 $20.82
Beef................................ Adult cows and bulls.. 34.87 104.61 31.54 94.62
Non adult 500 lbs. or 26.15 78.45 23.65 70.95
more.
Non-adult less than 17.44 52.32 15.77 47.31
500 lbs.
Buffalo, Bison, and Beefalo......... Adult cows and bulls.. 34.87 104.61 31.54 94.62
Non adult 500 lbs. or 26.15 78.45 23.65 70.95
more.
Non-adult less than 17.44 52.32 15.77 47.31
500 lbs.
Dairy............................... Adult dairy cows and 90.67 272.01 82.00 246.00
bulls.
Non adult 500 lbs. or 26.15 78.45 23.65 70.95
more.
Non-adult less than 17.44 52.32 15.77 47.31
500 lbs.
Deer................................ All................... 8.72 26.16 7.88 23.64
Emus................................ All................... 17.85 53.55 16.14 48.42
Elk................................. All................... 18.83 56.49 17.03 51.09
Equine.............................. All................... 25.81 77.43 23.34 70.02
Goats............................... All................... 8.72 26.16 7.88 23.64
Llamas.............................. All................... 12.73 38.19 11.51 34.53
Ostrich............................. All................... 19.18 57.54 17.34 52.02
Reindeer............................ All................... 7.68 23.04 6.94 20.82
Sheep............................... All................... 8.72 26.16 7.88 23.64
----------------------------------------------------------------------------------------------------------------
(d) FSA will not disburse ELRP 2023 and 2024 FW payments at the
beginning of the application period. However, during the application
period, the Deputy Administrator may evaluate program demand and begin
issuing payments if an initial payment factor can be established to
ensure that payments do not exceed available funding. After the
application deadline, a final payment factor will be determined and
applied, which may or may not provide an additional or final payment,
depending upon the factor.
Sec. 760.2109 Payment limitation.
(a) For each applicable year (2023 and 2024), a person or legal
entity, other than a joint venture or general partnership, is eligible
to receive, directly or indirectly, total payments under this subpart
and subpart T combined of not more than:
(1) $125,000 if less than 75 percent of the person or legal
entity's average adjusted gross income is average adjusted gross farm
income; or
(2) $250,000 if 75 percent or more of the average adjusted gross
income of the person or legal entity is average adjusted gross farm
income.
(b) To be eligible to receive payments based on the limitations in
paragraph (a)(2) of this section, a person or legal entity must submit
FSA-510, Request for an Exception to the $125,000 Payment Limitation
for Certain Programs, accompanied by a certification from a certified
public accountant or attorney as to that person or legal entity's
certification.
(c) If a producer requesting the $250,000 payment limitation is a
legal entity, all members of that entity must also complete FSA-510 and
provide the required certification according to the direct attribution
provisions in 7 CFR 1400.105. If a legal entity would be eligible for
the $250,000 payment limitation based on the legal entity's average
adjusted gross farm income but a member of that legal entity either
does not complete an FSA-510 and provide the required certification or
is not eligible for the $250,000 payment limitation, the payment to the
legal entity will be reduced for the limitation applicable to the share
of the ELRP 2023 or 2024 FW payment attributed to that member.
(d) If a producer or member of a legal entity files FSA-510 and the
accompanying certification after their payment is issued but before the
deadline specified in paragraph 760.2004(b) of this subpart, FSA will
recalculate the payment and issue the additional calculated amount.
(e) ELRP 2023 and 2024 FW applicants filing an FSA-510 are subject
to an FSA audit of information submitted for the purpose of increasing
the program's payment limitation. As a part of this audit, FSA may
request income tax returns, and if requested, must be supplied by all
related persons and legal entities. In addition to any other
requirement under any Federal statute, relevant Federal income tax
returns and documentation must be retained a minimum of 3 years after
the end of the calendar year corresponding to the year for which
payments or benefits are requested. Failure to provide necessary and
accurate information to verify compliance, or failure to comply with
these requirements will result in ineligibility for ELRP 2023 and 2024
FW benefits and require refund of any ELRP 2023 and 2024 FW payments,
including interest to be calculated from the date of the disbursement
to the producer.
(f) The payment limitation provisions of 7 CFR part 1400, subpart
A, and Sec. Sec. 1400.103-1400.106 apply to ELRP 2023 and 2024 FW.
(g) Payments made directly or indirectly to a person who is a minor
child will not be combined with the earnings of the minor's parent or
legal guardian.
(h) If an individual or legal entity is not eligible to receive
ELRP 2023 and 2024 FW payments due to the individual or legal entity
failing to satisfy payment eligibility provisions, the payment made
either directly or indirectly to the individual or legal entity will be
reduced to zero. The amount of the reduction for the direct payment to
the producer will be commensurate with the direct or indirect ownership
interest of the ineligible individual or ineligible legal entity.
Sec. 760.2110 Miscellaneous provisions.
(a) If an ELRP 2023 and 2024 FW payment resulted from erroneous
information reported by the producer, or any person acting on their
behalf, the ELRP 2023 and 2024 FW payment will be recalculated and the
producer must refund any excess payment to FSA,
[[Page 44313]]
including interest to be calculated from the date of the disbursement
to the producer.
(b) If FSA determines that the producer intentionally
misrepresented information used to determine the producer's ELRP 2023
and 2024 FW payment amount, the application will be disapproved, and
the producer must refund the full payment to FSA with interest from the
date of disbursement. All persons with a financial interest in a legal
entity receiving payments are jointly and severally liable for any
refund, including related charges, which is determined to be due to FSA
for any reason.
(c) Any required refunds must be resolved in accordance with debt
settlement regulations in 7 CFR part 3.
(d) Participants are required to retain documentation in support of
their application for 3 years after the date of approval. Participants
receiving ELRP 2023 and 2024 FW payments or any other person who
furnishes such information to USDA must permit authorized
representatives of USDA or the Government Accountability Office, during
regular business hours, to enter the agricultural operation and to
inspect, examine, and to allow representatives to make copies of books,
records, or other items for the purpose of confirming the accuracy of
the information provided by the participant.
(e) Any payment under ELRP 2023 and 2024 FW will be made without
regard to questions of title under State law and without regard to any
claim or lien. The regulations governing offsets in 7 CFR part 3 apply
to ELRP 2023 and 2024 FW payments.
(f) Participants are subject to laws against perjury and any
penalties and prosecution resulting therefrom, with such laws including
but not limited to 18 U.S.C. 1621. If a producer willfully makes and
represents as true any verbal or written declaration, certification,
statement, or verification that the producer knows or believes not to
be true, in the course of either applying for or participating in ELRP
2023 and 2024 FW, then the producer is guilty of perjury and, except as
otherwise provided by law, may be fined, imprisoned for not more than 5
years, or both, regardless of whether the producer makes such verbal or
written declaration, certification, statement, or verification within
or outside the United States.
(g) For the purposes of the effect of a lien on eligibility for
Federal programs (28 U.S.C. 3201(e)), the restriction on receipt of
funds under ELRP 2023 and 2024 FW shall not apply to beneficiaries who
agree to apply the ELRP 2023 and 2024 FW payments to reduce the amount
of the judgment lien.
(h) In addition to any other Federal laws that apply to ELRP 2023
and 2024 FW, the following laws apply: 15 U.S.C. 714; and 18 U.S.C.
286, 287, 371, and 1001.
(i) Prompt pay interest is not applicable to payments under this
subpart.
Kimberly Graham,
Acting Administrator, Farm Service Agency.
[FR Doc. 2025-17742 Filed 9-12-25; 8:45 am]
BILLING CODE 3411-E2-P
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</html>Indexed from Federal Register on September 15, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.