SPECIAL FEATURES

by Katie Roberti, CCA Director of Communications with assistance from the California Farm Service Agency State Office

With much of California currently facing extremely dry conditions, on March 5, 2021, U.S. Secretary of Agriculture Tom Vilsack declared “50 California counties as primary natural disaster areas due to a recent drought.” The eight remaining counties in California were deemed as “contiguous disaster counties,” putting farmers and ranchers in all counties of the state under a natural disaster designation.

“A Secretarial disaster designation makes farm operators in primary counties and those counties contiguous to such primary counties eligible to be considered for certain assistance from the Farm Service Agency (FSA), provided eligibility requirements are met,” Secretary Vilsack said in the letter to California Governor Gavin Newsom designating the drought.

Unfortunately, droughts are not new to California, and many producers may have applied for assistance from the United States Department of Agriculture’s (USDA) FSA during the last dry spell just a few years ago. While the process of applying for drought aid may be familiar, it is essential to remember that there are many important deadlines and requirements to keep aware of to be eligible for payments.

This feature helps provide a reminder of the application process for obtaining assistance and outlines the FSA programs relevant to cattle producers. Should you have any further questions about FSA programs, contact your local county office(s) as they will be able to best assist you. Not sure how to get in touch with your county office? Visit https://www.calcattlemen.org/ drought to find contact information for your location.

There are three FSA programs most used by cattle producers, Jacque Johnson, California FSA Office State Executive Director, explains below.

The Livestock Forage Disaster Program (LFP):

Provides payments to eligible livestock owners and contract growers who have covered livestock and who are also producers of grazed forage crop acreage (native and improved pasture land with permanent vegetative cover) that has suffered grazing losses due to a qualifying drought during the normal grazing period for the county.

LFP also provides payments to eligible livestock owners or contract growers that have covered livestock and who are also producers of grazed forage crop acreage on rangeland managed by a federal agency if the eligible livestock producer is prohibited by the federal agency from grazing the normal permitted livestock on the managed rangeland due to a qualifying fire.

The Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish Program (ELAP):

Provides emergency assistance to eligible producers of livestock. It covers losses due to an eligible adverse weather or loss condition, including blizzards, disease

(including cattle tick fever), water shortages and wildfires, as determined by the Secretary. ELAP covers losses that are not covered under other disaster assistance programs authorized by the 2014 Farm Bill, such as the Livestock Forage Disaster Program (LFP) and the Livestock Indemnity Program (LIP). The three categories of livestock losses covered by ELAP are: • Livestock feed and grazing losses that are not due to drought or wildfires on federally managed lands; • Losses resulting from the additional cost of transporting water to livestock due to an eligible drought; and • Losses resulting from the additional cost associated with gathering livestock for treatment related to cattle tick fever. the Monitor may be eligible to enroll. ELAP for drought losses (having to haul water to an area where water is usually available) kicks in for livestock producers when a county is in a D3 or higher on the U.S. Drought Monitor. A direct link to the U.S. Drought Monitor is also available at https://www.calcattlemen.org/drought.

For NAP grazing, percentage of loss is established by FSA for the whole county or areas within a county. FSA relies on information provided by forage experts and other scientific data sources, to establish the loss levels.

The Noninsured Crop Disaster Assistance Program (NAP):

Helps producers to manage risk through coverage for both crop losses and crop planting that was prevented due to natural disasters. The eligible or “noninsured” crops include agricultural commodities not covered by federal crop insurance.

Producers must be enrolled in the program and have purchased coverage for the eligible crop in the crop year in which the loss incurred to receive program benefits following a qualifying natural disaster. The enrollment dates for 2021 have already passed. Producers can purchase NAP coverage for the 2022 crop year by contacting their local FSA Office.

For any of the programs available through FSA, State Executive Director Johnson says the best place to start is establishing contact with your local county office (or offices if you ranch in multiple counties). USDA has created a map to help producers pin down contact information for their respective county offices. For a full rundown of the requirements, limitations and more, FSA also has factsheets available on each of these programs. A link to the interactive map for county FSA offices and the factsheets on each program are available at https:// www.calcattlemen.org/drought.

To find out if there are programs you currently qualify for you can always check with your local county FSA office. LFP and ELAP eligibility are dependent on the conditions of the U.S. Drought Monitor. For LFP, producers in any county showing a D2 or worse (D3 or D4) on

The deadlines for applying for assistance through FSA depend on the program. The LFP factsheet explains, “Eligible livestock producers who are also producers of grazed forage crop acreage must provide a completed application for payment and required supporting documentation to their FSA office within 30 calendar days after the end of the calendar year in which the grazing loss occurred.” This means for losses in the 2021 calendar year, applicants have until January 30, 2022, to have their complete application submitted to FSA.

One of the most critical reminders, Johnson says, relevant to LFP and for working with FSA in general, is to do your crop acreage reports at the beginning of each year. Consistently submitting acreage reports and up-todate information to FSA will make the application process smoother later in the year should you need to apply for assistance and ensure a fee is not applied to submit acreage reports late. The deadlines for submitting acreage reports depend on the crop and can be obtained through your county office.

ELAP requires that producers submit a “Notice of Loss” to their FSA office within 30 days of the incident. Failure to submit this notice will make producers ineligible to apply for ELAP. While the Notice of Loss must be submitted within 30 days, the complete ELAP

“Application for Payment” is not due until January 30 of the year following the occurrence of the loss.

The deadline both for obtaining coverage and providing information relevant to receiving NAP payments depends on the crop. If you are interested in enrolling in NAP for an upcoming crop, contact your FSA office for more information.

Producers with NAP coverage are required to file a Notice of Loss and/or Application for Payment. A Notice of Loss is required for all producers who determine to not have their losses calculated by independent assessment and must be filed within 15 days of the earlier of: a natural disaster occurrence; the date that damage to the crop or loss of production becomes apparent; or the normal harvest date. All producers, regardless of the loss determination method, must file an Application for Payment. The Application for Payment must be filed within 60 days of the last day of coverage for the crop year for any NAP covered crop. For coverage dates on specific crops or further clarification, please contact your local county FSA office.

Yes, if eligible, you can receive payments for more than one program at a time. For example, if you enrolled in NAP to secure insurance for feed and the loss is greater than 50 percent of that crop, you would be eligible for payment through that program. If in the same year, due to drought, if you also had to haul water to cattle where you usually would not need to, and your county is facing a D3 or worse on the U.S. Drought Monitor, you would also become eligible for payment through ELAP.

If you run cattle in multiple counties, you will need to apply for assistance separately in each county, with some exceptions.

Important note: If your cattle have moved from one county to another, Johnson says to be sure to let the FSA office in the county they have moved to know if payment has already been received for these animals. There are limitations on how many payments a herd can receive.

LFP payment rates are determined in April of each year. Once those rates have been set, payments will be sent for any applications received before the rate was established. From then on, payments for that calendar year will be sent as soon as applications are completed.

ELAP payments are sent throughout the year as application for payment are completed following notice of losses submitted on time.

NAP payment will be issued after the end of the coverage period and after independent assessments have been evaluated and calculated.

1. Establishing contact with your local FSA office(s) and keeping in close contact is critical. One way to stay updated on what’s happening in your county is by signing up to receive emails from your local FSA office (if available). 2. Send your acreage reports and updated information—including the status of your leases—to the FSA office(s) you work with at the beginning of this year, regardless of if there is a drought or other disaster you are impacted by. Should you need to apply for assistance later in the year, this will speed up the process for all involved. 3. For ELAP keep all documentation and receipts, and don’t forget to submit your notice of loss within 30 days of recognizing the loss. While the application deadline for ELAP isn’t until January 30 of the year following the loss (i.e., the deadline for applications for the 2021 calendar year are due January 30, 2022), notice of losses must be submitted within the 30-day window to be eligible. 4. For NAP, be sure to purchase coverage by the application closing (September 1, 2021 for coverage on grazing grass for the 2022 crop year), report your acreage, file a notice of loss and submit your application for payment timely.