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USDA provides compliance flexibilities for hurricane relief

On Dec. 5, the USDA announced it is taking steps to streamline and provide flexibilities for environmental compliance requirements for relief programs for 2024 hurricanes Debby, Helene and Milton.

These flexibilities allow the Farm Service Agency (FSA) to expedite approval of payments and practice implementation for Emergency Conservation Program (ECP), Emergency Forest Restoration Program (EFRP), and Tree Assistance Program (TAP) applicants impacted by these three named storms in 2024.

Additionally, USDA is waiving certain requirements for ECP and EFRP to provide restoration cost share assistance payments more quickly to producers impacted by hurricanes occurring Oct. 1, 2016, through Sept. 30, 2023. FSA is waiving the requirement that producers impacted by hurricanes submit receipts and documentation related to land restoration.

ECP provides financial and technical assistance to help agricultural producers rehabilitate ag land and conservation structures damaged by natural disasters. EFRP provides financial and technical assistance to eligible owners of nonindustrial private forestland to complete forest restoration activities to restore forest resources and forest health. TAP provides financial assistance to orchardists and nursery tree growers to help cover the cost of replanting or rehabilitating eligible trees, bushes and vines that produce annual crops that were damaged or destroyed by a natural disaster.

Environmental Compliance Flexibilities for 2024 Hurricanes Debby, Helene and Milton

In response to 2024 hurricanes Debby, Helene and Milton, FSA provided flexibility for ECP and EFRP applicants to start non-ground disturbing activities like surface debris removal and fence restoration without FSA prior approval or on-site inspection. These additional flexibilities also apply to TAP to allow eligible orchardists and nursery tree growers to complete site preparations in order to replant eligible trees, bushes and vines and offset the costs of getting the land back into production.

Due to emergency circumstances, FSA received a categorical exclusions waiver that will allow alternative arrangements to meet National Environmental Policy Act (NEPA) compliance for seven ground disturbing activities. Because these activities occur in locations where the natural disaster event itself caused the ground disturbance, these restoration activities have low potential to adversely impact resources.

The exclusions wavier covers the following practices:

• Fence replacement

• Sediment removal, incorporation, grading, shaping and leveling

• Tree, root and stump removal

• Roads, bridges and culverts necessary to facilitate forest restoration

• Burning of woody debris

• Vegetation removal, including tree stumps, on 40 or more total acres

• Clear cutting operations for timber on 100 or more total acres

The program flexibilities will allow FSA to more quickly complete an environmental review to determine the impact to natural and cultural resources for the disaster area as a whole rather than on an individual case-by-case basis.

These flexibilities also allow participants to restore private agriculture and forestland to pre-disaster conditions and prevent subsequent damage. They also address hazards to public health and safety, critical infrastructure, and mitigate hazards to natural resources like woody debris or sediments and removing downed vegetation and other debris. Once land has been restored to pre-disaster condition, producers can apply for TAP for financial assistance to replace damaged trees, bushes and vines to bring the land back into production.

Hurricane Relief Programs Signup & Information Session Recording 

Farmers and landowners have until June 1, 2025, to apply for the Emergency Conservation Program (ECP) and the Emergency Forest Restoration Program (EFRP) for Hurricane Helene recovery.  

The FSA hosted a virtual information session regarding these two programs on Nov. 21. A recording of this session can be viewed here.

Documentation Waiver in Nine States for Hurricanes Occurring 2016 - 2023

Typically, ECP and EFRP applicants must submit a cost share performance certification and payment request with supporting receipts and documentation after restoration activities are complete. To expedite emergency conservation program payments, FSA is authorizing a documentation waiver for approved applicants in Alabama, Florida, Georgia, North Carolina, South Carolina, Tennessee, Virginia, West Virginia and Puerto Rico. This waiver applies only to hurricanes occurring between Oct. 1, 2016, to Sept. 30, 2023.

Through this waiver, approved ECP and EFRP participants are no longer required to submit supporting documentation to verify restoration activities. Instead, the technical agency, FSA, or the producer will certify that practices are complete and meet USDA practice standards. After verification is complete, FSA will issue the cost-share payment.

FSA spot check provisions still apply so program participants should still maintain all invoices, receipts and documentation. Participants selected for spot check will be notified in writing and will be required to supply receipts and other supporting documentation to justify the total installation cost claimed.

For questions on ECP, EFRP and TAP or to apply for disaster recovery assistance, producers should call their FSA county office. To find their FSA county office, visit farmers.gov/service-center-locator. For more information on hurricane recovery assistance and additional flexibilities, visit www.farmers.gov/hurricane.

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