Notice2026-04511
Information Collection Request; Emergency Relief Program (ERP) 2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 9, 2026
Issuing agencies
Agriculture DepartmentFarm Service Agency
Abstract
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on a revision of a currently approved information collection for the Emergency Relief Program (ERP) 2022. The application period for ERP 2022 has ended; however, the collection is continuing because additional information is needed to implement a provision of the Full-Year Continuing Appropriations and Extensions Act, 2025, and to verify participants' compliance with the requirement to purchase crop insurance or Noninsured Crop Disaster Assistance Program (NAP) coverage for the next 2 available years.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 45 (Monday, March 9, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 45 (Monday, March 9, 2026)]
[Notices]
[Pages 11271-11272]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04511]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 91, No. 45 / Monday, March 9, 2026 /
Notices
[[Page 11271]]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
[Docket ID FSA-2023-0020]
Information Collection Request; Emergency Relief Program (ERP)
2022
AGENCY: Farm Service Agency, USDA.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Farm Service Agency (FSA) is requesting comments from all interested
individuals and organizations on a revision of a currently approved
information collection for the Emergency Relief Program (ERP) 2022. The
application period for ERP 2022 has ended; however, the collection is
continuing because additional information is needed to implement a
provision of the Full-Year Continuing Appropriations and Extensions
Act, 2025, and to verify participants' compliance with the requirement
to purchase crop insurance or Noninsured Crop Disaster Assistance
Program (NAP) coverage for the next 2 available years.
FOR FURTHER INFORMATION CONTACT: Michael Walter; telephone: (816) 491-
6934; or email: <a href="/cdn-cgi/l/email-protection#e4a98d878c858188cab38588908196d5a491978085ca838b92"><span class="__cf_email__" data-cfemail="773a1e141f16121b5920161b03120546370204131659101801">[email protected]</span></a>. Individuals who require
alternative means for communication should contact the USDA Target
Center at (202) 720-2600 (voice and text telephone (TTY)) or dial 711
for Telecommunications Relay service (both voice and text telephone
users can initiate this call from any telephone).
SUPPLEMENTARY INFORMATION:
Background
ERP 2022 was authorized by Title I of the Disaster Relief
Supplemental Appropriations Act, 2023 (Division N of the Consolidated
Appropriations Act, 2023; Pub. L. 117-328). FSA announced ERP 2022 in a
notice published in the Federal Register on October 31, 2023 (88 FR
74404-74419), and the application period for ERP 2022 ended on August
14, 2024. FSA is revising the estimated respondents and burden hours
for this collection to reflect the number of ERP 2022 participants and
responses associated with the activities described below. FSA is also
removing the forms previously included under this collection and the
corresponding respondent and burden hour estimates because the time
period to submit the forms has ended.
De Minimis Certification
ERP 2022 Track 2 payments were based on a producer's benchmark and
disaster year revenue for all eligible crops. Producers who applied for
Track 2 were required to certify in Item 16 of FSA-524 whether all
eligible crops were insured or covered by NAP for the applicable
program year. FSA used this certification to determine the ERP factor
that was used when calculating a producer's Track 2 payment. If a
producer answered ``yes'' in Item 16, an ERP factor of 90 percent was
used, and if a producer answered ``no'', an ERP factor of 70 percent
was used to ensure that payments did not exceed the maximum amount
allowed by statute. In cases where FSA determined that a producer's
certification that all eligible crops were insured or covered by NAP
was false, the producer was responsible for refunding the amount of the
overpayment that resulted from calculating their payment with a factor
of 90 percent rather than 70 percent.
Section 1207 of the Full-Year Continuing Appropriations and
Extensions Act, 2025 (Pub. L. 119-4), signed on March 15, 2025, amended
Title I of division N of the Consolidated Appropriations Act, 2023
(Pub. L. 117-328) to specify that ``the Secretary shall allow producers
to retain payments not to exceed 90 percent of the producer's revenue
losses (as determined by the Secretary) if the Secretary determines a
de minimis amount, as defined by the Secretary, of a producer's revenue
loss is attributable to crops for which the producer did not insure or
obtain coverage under the Noninsured Crop Disaster Assistance Program
under section 196 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333).'' As provided by the statute, this provision
only allows a producer to retain an ERP 2022 payment that was
previously issued; FSA is not reopening the ERP 2022 application period
to accept new applications or allowing producers to amend their
previously filed ERP 2022 applications.
To be eligible to retain a payment in accordance with the de
minimis provisions of the Full-Year Continuing Appropriations and
Extensions Act, 2025, producers will submit a certification on form
FSA-524C, De Minimis Revenue Loss Certification for Uninsured/Uncovered
Crops, to their FSA county office. FSA will provide additional
information related to what qualifies as de minimis and announce the
submission period for this form in a future Federal Register notice.
FSA is revising the burden hours for this collection to include the use
of this form and an associated notification letter that will be sent to
affected participants.
Requirement To Purchase Crop Insurance or NAP Coverage
The Disaster Relief Supplemental Appropriations Act, 2023, requires
all participants who received an ERP 2022 payment to purchase crop
insurance or Noninsured Crop Disaster Assistance Program (NAP) coverage
for the next 2 available years. To ensure that ERP 2022 participants
met this statutory requirement, FSA will verify compliance using crop
insurance participation data on file with the Risk Management Agency
(RMA) and NAP participation data on file with FSA. FSA is revising the
estimated number of respondents and burden hours associated with this
collection to reflect the number of participants who received an ERP
payment and will be subject to the requirement to purchase crop
insurance or NAP coverage.
Description of Information Collection Request
Title: Emergency Relief Program (ERP) 2022.
OMB Control Number: 0560-0316.
Type of Request: Revision.
OMB Expiration Date: May 31, 2027.
Abstract: The Full-Year Continuing Appropriations and Extensions
Act, 2025 (Pub. L. 119-4), provides that producers may retain ERP 2022
payments, not to exceed 90 percent of the producer's revenue losses (as
determined by the Secretary), if the Secretary determines a de minimis
amount of a producer's revenue loss is attributable to crops for which
the
[[Page 11272]]
producer did not have crop insurance or NAP coverage. Producers who are
affected by this provision will receive a notification letter from FSA
and complete FSA-524C to certify their eligibility to retain their
payment under the de minimis provisions.
The Disaster Relief Supplemental Appropriations Act, 2023 (Pub. L.
117-328) requires all producers who received an ERP 2022 payment to
purchase crop insurance or Noninsured Crop Disaster Assistance Program
(NAP) coverage for the next 2 available years. To ensure that ERP 2022
participants met this statutory requirement, FSA will verify compliance
using crop insurance participation data on file with the Risk
Management Agency (RMA) and NAP participation data on file with FSA
when possible to minimize the burden on producers.
Producers who are determined to be compliant based on FSA or RMA
data will be notified of the determination by mail, and no other action
will be required. If FSA is not able determine a producer's compliance
based on available data, FSA will notify the producer by mail that they
must submit supporting documentation to verify their compliance in
order to retain their ERP 2022 payment. These producers will also be
notified of FSA's final determination of compliance or noncompliance.
FSA is revising the estimated respondents and burden hours for this
collection to reflect the number of ERP 2022 participants and responses
associated with these activities. FSA is also removing the forms
previously included under this collection and the corresponding
respondent and burden hour estimates because the time period to submit
the forms has ended. All participants who received an ERP 2022 payment
have already filed the required forms.
For the following estimated total annual burden on respondents, the
formula used to calculate the total burden hour is the estimated
average time per response multiplied by the estimated total annual
responses.
Estimate of Respondent Burden: Public reporting burden for this
information collection is estimated to average 0.101375137 hours per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed and
completing and reviewing the collections of information.
Respondents: Producers.
Estimated Annual Number of Respondents: 192,000.
Estimated Number of Reponses per Respondent: 1.13875.
Estimated Total Annual Responses: 218,640.
Estimated Average Time per Response: 0.101375137 hours.
Estimated Total Annual Burden on Respondents: 22,165 hours.
We are requesting comments on all aspects of this information
collection to help us:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information including the validity of the methodology
and assumptions used;
(3) Evaluate the quality, utility, and clarity of the information
technology; and
(4) Minimize the burden of the information collection on those who
respond through the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
All comments received in response to this notice, including names
and addresses where provided, will be made a matter of public record.
Comments will be summarized and included in the request for OMB
approval of the information collection.
Kimberly Graham,
Acting Associate Administrator, Farm Service Agency.
[FR Doc. 2026-04511 Filed 3-6-26; 8:45 am]
BILLING CODE 3411-E2-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 9, 2026.
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.