Established in 1862, the Department of Agriculture serves all Americans through anti-hunger efforts, stewardship of nearly 200 million acres of national forest and rangelands, and through product safety and conservation efforts. The USDA opens markets for American farmers and ranchers and provides food for needy people around the world.
Uses and Use Restrictions
ELAP covers losses occurring on or after January 1, 2008 and before October 1, 2011.
110-246, Sections 12033 and 15101, authorized the Secretary to provide payments to producers of livestock, honeybees, and farm-raised fish to aid in the reduction of losses due to disease, adverse weather, or other conditions such as blizzards and wildfires.
ELAP also covers some species, loss conditions, and losses that are not eligible for other disaster assistance programs, including colony collapse disorder and wildfires on non-Federal land.
Assistance will be granted only to eligible livestock, honeybee, and farm-raised producers.
ELAP benefits, compensation, or relief will be strictly used to compensate eligible losses.
The Secretary has the authority to use up to $50 million per year from the Trust Fund to provide emergency relief to eligible producers.
For program year 2008, no person may receive more than $100,000 total in payments under ELAP, LFP, LIP, SURE, combined.
For 2009 and subsequent program years, no person or legal entity may receive directly or indirectly, more than $100,000 total in payments under ELAP, LFP, LIP, and SURE combined.
To be considered an eligible applicant, the participant must be a producer or contract grower of livestock, honeybee, or farm-raised fish that meet the requirements to receive ELAP payments.
Eligible producers of livestock, honeybees, and farm-raised fish will receive the ultimate benefits from ELAP. An eligible producer of livestock is an owner that provides the pastureland or grazing land. An eligible producer of honey bee"s mean all bees and beehives in all counties are intended to be harvested for a honey crop. An eligible producer of farm-raised fish means any aquatic species that is propagated and reared in a controlled environment.
Risk Management Purchase Requirement (RMPR)
For every commodity on every farm in which the producer has an interest for the relevant program year, the producer must obtain catastrophic coverage (CAT) or better under a policy or plan of insurance administered under the Federal Crop Insurance Act (FCIA). In the case of non-insurable commodity, the producer must obtain the Noninsured Crop Disaster Assistance Program (NAP) coverage by filing the required paperwork and paying the administrative fee by the applicable state application closing date, except this requirement will not include forage on grazing land.
Due to the lateness of P.L. 110-246, producers were allowed to "buy-in" to the ELAP for 2008 by paying fees equivalent to the NAP service fee or CAT fee by September 16,2008. If a producer who is otherwise ineligible because of the purchase requirement and did not meet the buy-in deadline of September 16, 2008, still may be eligible for ELAP if the producer paid the applicable fee no later than May 18, 2009.
For 2009, the RMPR was waived for insurable crops where sales closing dates for crop insurance coverage occurred before August 14, 2008, if the buy-in fee was paid by January 12, 2009. This program is excluded from coverage under OMB Circular No. A-87.
Aplication and Award Process
Producers are required to obtain CAT or NAP coverage prior to applying for ELAP benefits.
Environmental impact information is not required for this program.
This program is excluded from coverage under E.O.
This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. To apply for ELAP, the participant that suffered eligible livestock, honeybee, or farm-raised fish losses must submit the FSA administrative county office that maintains the participant"s farm records the following:
1. A Notice of Loss for calendar years 2008 and 2009 must be provided no later than May 5, 2010 and for subsequent year losses, the producer must provide a notice of loss to FSA the earlier of 30 calendar days of when the loss is apparent to the producer or 30 calendar days after the end of the calendar year in which the loss occurred.
2. A complete application for payment no later than May 5, 2010 for calendar years 2008 and 2009 and for subsequent crop years, January 30, after the year in which the loss occurred.
Livestock payment calculations will be based on losses for no more than 90 days during the calendar year. ELAP payments for feed losses will be based on 60 percent of the producers actual cost for livestock feed, that was purchased or mechanically harvested for forage or feedstuffs; the additional cost incurred for providing or transporting livestock feed or to purchase additional livestock feed above normal to maintain the eligible livestock due to an eligible adverse weather or eligible loss condition. Grazing losses will be calculated based on 60 percent of the lesser of the total value of the feed cost for all covered livestock based on the number of days grazing was lost, not to exceed 90 days of daily feed cost for all covered livestock or the total value of grazing lost for all eligible livestock based on the normal carrying capacity of the eligible grazing land. Livestock death losses will be calculated by multiplying the national payment rate for each livestock category times the number of eligible livestock that died in each category as a result of an eligible loss condition in excess of normal mortality.
ELAP payments for honeybee losses will be based on 60 percent of the actual cost of honeybee feed that was damaged or destroyed and intended as feed for an eligible honeybee colony. Payments for honeybee colony losses will be based on 60 percent of the average fair market value of the honey bee colonies in the year in which the loss occurred times the number of honey bee colonies that were damaged or destroyed. Payments for honeybee hive losses will be based on 60 percent of the average fair market value of the honey bee hives in the year in which the loss occurred, times the number of honey bee hives that were damaged or destroyed due to an eligible adverse weather or eligible loss condition.
ELAP payments for eligible farm-raised fish feed losses are based on 60 percent of the actual cost of purchased or harvested feed that was intended as feed for eligible farm-raised fish and was damaged because of an eligible adverse weather or loss condition in the calendar year in which the loss occurred Payments for farm-raised fish death losses will be based on 60 percent of the State"s average fair market value of the bait or game fish times the number of bait or game fish lost due to an eligible adverse weather or loss condition.
Contact the headquarters or regional office, as appropriate, for application deadlines.
The Trade Act of 1974, Public Law 93-618, 19 U.S.C 2947a, as amended by The Food, Conservation, and Energy Act of 2008 (The Farm Bill), Title XII, Part B, Section 12033, Public Law 110-246, as amended by The American Recovery and Reinvestment Act of 2009 (ARRA), Public Law 111-5.
Range of Approval/Disapproval Time
Appeal regulations set forth at parts 11 and 780 of 7CFR.
Formula and Matching Requirements
Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance
There are no restrictions place on the time permitted to spend the money awarded. Method of awarding/releasing assistance: lump sum.
Post Assistance Requirements
The producer or any other legal entity or person who provides information enabling a producer to receive payments must maintain any books, records and accounts supporting the information for three years following the end of the year during which the request for payment was submitted and allow authorized representatives of USDA and the U.S. Government Accountability Office during regular business hours, to inspect, examine, and make copies of such books or records, and to enter the farm and to inspect and verify all applicable acreage in which the producer has an interest for the purpose of confirming the accuracy of information provided by or for the producer.
(Direct Payments for Specified Use) FY 09 $50,000,000; FY 10 $50,000,000; FY 11 $50,000,000
Range and Average of Financial Assistance
No Data Available.
Regulations, Guidelines, and Literature
7CFR Part 760
Federal Register Vol 74, No. 175, dated September 11, 2009
Regional or Local Office
See Regional Agency Offices.
Amy Mitchell, USDA, FSA, Production, Emergencies, & Compliance Division, 1400 Independence Ave SW Stop 0517, Washington, District of Columbia 20250 Email: Amy.Mitchell1@wdc.usda.gov Phone: (202) 720-8954 Fax: (202) 690-2130.
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