Disaster Assistance/Crop Insurance
Overview
The federal government plays a significant role in assisting agricultural producers cope with financial losses caused by natural disasters. Three major ways this assistance is provided is through the federal crop insurance program, the Noninsured Disaster Assistance Program (NAP), and the Emergency Assistance Loan Program (EM). These programs are permanently authorized under federal law. The federal government also provides such assistance under disaster programs established under the Food, Conservation, and Energy Act of 2008, commonly referred to as the 2008 Farm Bill. Read the full overview.
Note: Recently added resources are posted at the top of the applicable sections.
Major Statutes
Federal Crop Insurance Act (FCIA), 7 U.S.C. §§ 1501-1524
Supplemental Agricultural Disaster Assistance, 7 U.S.C. § 1531 (a)-(k)
Federal Arbitration Act (FAA), 9 U.S.C. § 1, et seq.
Federal Crop Insurance Reform and Department of Agriculture Reorganization Act (National Appeals Division), 7 U.S.C. §§ 6991-7002
Noninsured Crop Disaster Assistance Program(NAP), 7 U.S.C. § 7333
Dairy Indemnity Payment Program, (DIPP) 7 U.S.C. §§ 4551 – 4553
Tree Assistance Program (TAP), 7 U.S.C. §§ 8201 – 8205
Agricultural Disaster Relief Trust Fund, 19 U.S.C. § 2497a
Price Loss Coverage (PLC) 7 U.S.C. § 9016
Agricultural Risk Coverage (ARC) 7 U.S.C. § 9017
Supplemental Agricultural Disaster Assistance 7 U.S.C. § 9081
Emergency Loans 7 U.S.C. §§ 1961 – 1970
Emergency Conservation Program (ECP), 16 U.S.C. §§ 2201 – 2202; 2204 – 2205
Emergency Watershed Program (EWP-Recovery), 16 U.S.C. § 2203
Emergency Forest Restoration Program (EFRP) 16 U.S.C. § 2206
Regulations
Agricultural Improvement Act of 2018 (2018 Farm Bill)
Area Risk Protection Insurance Regulations and Common Crop Insurance Policy Basic Provisions (2021)
Noninsured Crop Disaster Assistance Program (2020)
Supplemental Agricultural Disaster Assistance Programs (2020)
Emergency Conservation Program (ECP) (2019)
Internal Revenue Service: Publication 3833
Agricultural Disaster Indemnity Programs (2019)
Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) Programs (2019)
Federal Crop Insurance Corporation Regulations, 7 C.F.R. Parts 400-458
National Appeals Division, 7 C.F.R. Part 11
Emergency Conservation Program, Emergency Forest Restoration Program, and Certain Related Programs Previously Administered Under This Part, 7 C.F.R. Part 701
Noninsured Crop Disaster Assistance Program (NAP), 7 C.F.R. §§ 1437.1-1437.505
Indemnity Payment Programs, 7 C.F.R. Part 760
Dairy Indemnity Payment Program (DIPP), 7 C.F.R. §§ 760.1 – 760.1718
Supplemental Agricultural Disaster Assistance Programs (General Provisions), 7 C.F.R. §§ 760.101-760.116
Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP), 7 C.F.R. §§ 760.201-760.211
Livestock Forage Disaster Program (LFP), 7 C.F.R. §§ 760.301 – 760.307
Livestock Indemnity Program (LIP), 7 C.F.R. §§ 760.401 – 760.406
Tree Assistance Program (TAP), 7 C.F.R. §§ 760.500-760.507
Supplemental Revenue Assistance Payments Program (SURE), 7 C.F.R. §§ 760.601 – 760.650
Crop Assistance Program (CAP), 7 C.F.R. §§ 760.701-760.708
Dairy Economic Loss Assistance Payment Program 7 C.F.R. §§ 760.1301 – 760.1314
Agricultural Disaster Indemnity Programs 7 C.F.R. §§ 760.1500-760.1517
On-Farm Storage Loss Program 7 C.F.R. §§ 760.1600 – 760.1612
Milk Loss Program 7 C.F.R. §§ 760.1700 – 760.1718
Quality Loss Adjustment Program 7 C.F.R. §§ 760.1800 – 760.1814
Disaster Set-Aside Program 7 C.F.R. §§ 766.51 – 766.61
Dairy Disaster Assistance Payment Program (DDAP-III), 7 C.F.R. §§ 786.100 – 786.115
Federal Register Rules Open for Comment
Supplemental Agricultural Disaster Assistance Programs
Case Law
Case Law Index for Federal Crop Insurance Program
Administrative Law Decisions
Office of the Administrative Law Judges
Center published USDA Judicial Officer’s Decisions
Center Research Publications
Preparing for a Crop Insurance Audit (Hall, Zoller 2020)
USDA’s National Appeals Division Procedure and Practice (updated by Urbanek, 2019)
A Practitioner’s Guide to the Litigation of Federally Reinsured Crop Insurance Claims (Ballard, 2012)
Prevented Planting Crop Insurance: Overview, Drought, and Excessive Moisture (Ballard, 2012)
Crop Insurance Arbitration: What is Arbitration, When is it Required, and How Does it Work? (Ballard, 2012)
Crop Insurance for Edamame (R. Rumley, 2012)
The Federal Crop Insurance Program: Administration, Structure, and Operation (Ballard, 2012)
Filing a Crop Insurance Claim: An Overview for Producers (Ballard, 2012)
Scope of the Federal Crop Insurance Arbitration Clause (Fancher, 2002)
FCIC’s Standard Reinsurance Agreement (Fancher, 2002)
Dealing with the USDA: Federal Administrative Law Basics (Kelley, 2002)
Congressional Research Service Reports
Reports– published and made available by CRS beginning in 2017
Subjects- published by CRS and made available by NALC until 2018:
Disaster Impact and Assistance
Farm Bills
Commodities
Agricultural Law Bibliography
Introduction | Keyword Search | Browse Categories
Legal publications on Crop Insurance & Disaster Assistance:
Administrative Law (Federal and State Farm Programs)
Finance and Credit
Domestic Farm Policy and Legislative Analysis
Taxation
Reference Resources
Agriculture Improvement Act of 2018: Highlights and Implications
Crop Insurance
Agricultural Act of 2014: Highlights and Implications
Farm Economy: Farm & Commodity Policy
Government Programs and Risk: Major Risk Management Programs
Potential Variability in Commodity Support: Agriculture Risk Coverage and Price Loss Coverage Programs (Boussios and O’Donoghue, 2019)
Changing Farm Structure and the Distribution of Farm Payments and Federal Crop Insurance (White and Hoppe 2012)
Identifying Overlap in the Farm Safety Net (O’Donoghue, et al. 2011)
Grassland to Cropland Conversion in the Northern Plains: The Role of Crop Insurance, Commodity, and Disaster Programs (Claassen et al. 2011)
Crop Commodity Program Provisions After Enactment of the Agriculture Improvement Act of 2018
Farm Service Agency (FSA)
Disaster Assistance Programs
Disaster Assistance Programs At a Glance Fact Sheet
Disaster Protection and Recovery Fact Sheets
Disaster Assistance Discovery Tool
Farm Loan Programs
Farm Bill Home
FSA Handbooks for Disaster Assistance
Emergency Conservation Program (1-ECP Revision 7)
Emergency Forest Restoration Program (2-EFRP)
Agricultural Risk Coverage and Price Loss Coverage Program (1-ARCPLC Revision 1)
Livestock Programs (4-DAP Revision 1)
Livestock Programs (4-DAP Revision 2)
Coronavirus Food Assistance Program (1-CFAP)
Coronavirus Food Assistance Program 2 (3-CFAP)
Crop Assistance Program (1-CAP)
Crop Disaster Program (5-DAP Revision 1)
Crop Disaster Program (5-DAP Revision 2)Emergency Disaster Designation and Declaration Process Fact Sheet
Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (1-ELAP)
ELAP Disaster Assistance Program 2023 Fact Sheet
Livestock Disaster Assistance Programs for 2011 and Subsequent Years (1-LDAP Revision 1)
Livestock Disaster Assistance Programs (1-LDAP)
Livestock Forage Disaster Programs (1-LFP)
Livestock Forage Disaster Assistance 2023 Fact Sheet
Livestock Indemnity Program (1-LIP)
USDA Livestock Indemnity Program 2023 Fact Sheet
Noninsured Crop Disaster Assistance Program for 2015 and Subsequent Years (1-NAP Revision 2)
Noninsured Crop Disaster Assistance Program for 2001 and Subsequent Years (1-NAP Revision 1)
Noninsured Crop Disaster Assistance Program 2023 Fact Sheet
Supplemental Revenue Assistance Program (1-SURE)
Tree Assistance Program Updated July 2018 (1-TAP Revision 4)
Tree Assistance Program Updated June 2021 (1-TAP Revision 4)
Tree Assistance Program (1-TAP Revision 4)
Tree Assistance Program for 2008 through 2011 Crop Years (1-TAP Revision 3)
USDA Tree Disaster Assistance Program Fact Sheet
Disaster Designations (1-DIS)
Dairy Indemnity Payment Program (3-LD Revision 7)
Wildfires and Hurricanes Indemnity Program (1-WHIP)
Wildfires and Hurricanes Indemnity Program + (2-WHIP)
Disaster Assistance and Emergency Relief for Individuals and Businesses
Crop Insurance and Crop Disaster Payments – Agriculture Tax Tips
Tax Law Provisions for Disaster Areas
Agricultural Tax Center
Farmer’s Tax Guide (Publication 225, 2022)
Tax Relief in Disaster Situations
National Appeals Division Guidance, Regulations, and Statutes
Search NAD Determinations
NAD Hearing Guide (2008)
Risk Management Agency (RMA)
RMA Fact Sheets
Bulletins and Handbooks
Overview of Crop Policies
Federal Crop Insurance Corporation
Reinsurance Agreements
History of the Crop Insurance Program
Crop Insurance Decision Tool
RMA What’s New?
RMA Enterprise Units
RMA Bulletins and Memos
RMA Agent Locator
RMA Insurance Resources
United States Department of Agriculture (USDA)
Disaster Resource Center
Farmers’ Guide to 2018 USDA Farm Bill Programs
Emergency Farm Loans
Disaster Assistance Discovery Tool
Farmers.gov: Protection
Farmers.gov: Recover
Pandemic Assistance for Producers
2023 Emergency Relief Program
Congressional Resources
Congressional Agriculture Committees
U.S. Senate Agriculture, Nutrition and Forestry Committee
U.S. House of Representatives Committee on Agriculture
Government Accountability Office (GAO) (Search Page)
Overview of Farm Safety Net Programs (CRS In Focus Summary) (2015)
Publications
Farm Bill Primer: Disaster Assistance (Congressional Research Service, May 2022)
Agricultural Disaster Assistance (Congressional Research Service, updated April 29, 2022)
Introduction to Crop Insurance for Field Crops (MSU Extension, July, 2021)
Insurance Options for Vegetable Growers (MSU Extension, May, 2021)
Disaster Assistance for Ag Producers (ATTRA Sustainable Agriculture)
Topic: Disaster/Risk Management Publications (Farmer’s Legal Action Group)
Farmers’ Guide to the Coronavirus Food Assistance Program 2 (CFAP 2) (FLAG 2021, 3rd Ed.)
Farmers Guide to 2021 CFAP Changes – Contract Farmers and Others (FLAG 2021, 1st Ed.)
Wildfires and Hurricanes Indemnity Program (WHIP) (Congressional Research Service, 2020)
Navigating Disaster Assistance for Farmers (FLAG 2020)
Farmer’s Guide to Coronavirus Food Assistance Program (FLAG 2020)
Farmers’ Guide to Disaster Assistance, “Volume 9: Wildfires and Hurricanes Indemnity Program Plus (WHIP+)” (FLAG, 2020)
Farmers’ Guide to Disaster Assistance, “Volume 7: Livestock Forage Disaster Program (LFP)” (FLAG, 2020)
2018 Farm Bill Primer: The Farm Safety Net (Congressional Research Service, April 3, 2019)
Farmers’ Guide to Disaster Assistance, “Volume 2: Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP)” (FLAG, 2019)
Farmers’ Guide to Disaster Assistance, “Volume 3: Livestock Indemnity Program” (FLAG, 2019)
Farmers Guide to Disaster Assistance, “Volume 4: Emergency Loans” (FLAG 2019)
Farmers Guide to Disaster Assistance, “Volume 5: Disaster Set-Aside Program (FLAG, 2019)
Farmers’ Guide to Disaster Assistance, “Volume 6: Noninsured Crop Disaster Assistance Program” (FLAG, 2019)
(FLAG, 2018)
Updated: Navigating Disaster Assistance for Farmers: Hurricanes Harvey, Irma and Marie (FLAG, 2017)
Navigating Disaster Assistance for Farmers: Hurricanes Harvey, Irma and Marie (FLAG, 2017)
Farmers’ Guide to Disaster Unemployment Assistance (FLAG, 2017)
What Help is Available for What Types of Disaster Losses (FLAG, 2015)
SURE Program Now Available for 2008 and 2009 Crop Disaster Losses (FLAG, 2010)
Documenting Disaster Losses (FLAG, 2009)
What Help is Available for What Types of Disaster Losses (FLAG, 2009)
Pasture, Rangeland, Forage Insurance Program (FLAG, 2009)
Noninsured Crop Disaster Assistance Program (NAP) (FLAG, 2009)
Livestock Risk Protection Insurance (FLAG, 2009)
Individual Crop Insurance (FLAG, 2009)
Group Risk Crop Insurance (FLAG, 2009)
Emergency Conservation Program (FLAG, 2009)
Adjusted Gross Revenue-Lite Insurance (FLAG, 2009)
Farmers’ Guide to Disaster Assistance (FLAG, Sixth Edition, 2008)
Disaster Readiness and Recovery: Legal Considerations for Organic Farmers (FLAG, 2007)
Additional Resources
2023 RMA Manager’s Bulletin – Emergency Drought Relief
Beginning Farmer and Rancher Benefits for Crop Insurance
Veteran Farmer and Rancher Benefits for Crop Insurance
Crop Insurance Changes for 2023 (U. WI – Madison, Mitchell & Wantoch)
Disaster Assistance and Crop Insurance (U. MA – Amherst)
Crop Insurance Posts (Ag & Food Law Blog)
Current Crop Insurance Policies (Iowa State Extension, July 2021)
Prevented Planting Analysis Tool (NDSU Research Extension Center,2023)
Crop Insurance – Tools and Calculators (U. IL. Extension iFarm Tools, 2023)
Crop Insurance 101 (National Crop Insurance Services)
2018 Farm Bill Strengthens Crop Insurance (National Crop Insurance Services, 2019)
American Arbitration Association Rules
Crop Insurance Terms and Definitions (TX A & M, Stokes, et al. 1999)
National Ag Risk Education Library (U. MN)
FSA 2018 Farm Bill What is New and What has Changed (USDA)