Disaster Assistance/Crop Insurance

 

contentphoto_cropinsuranceOverview

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

 

Regulations

Agricultural Improvement Act of 2018 (2018 Farm Bill)
Internal Revenue Service: Publication 3833
Agricultural Disaster Indemnity Programs (2019)
Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) Programs
Federal Crop Insurance Corporation Regulations, 7 C.F.R.  Parts 400-458
National Appeals Division, 7 C.F.R. Part 11
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
Dairy Disaster Assistance Payment Program (DDAP-lll), 7 C.F.R. §§ 786.100 – 786.115
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
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)
A Practitioner’s Guide to the Litigation of Federally Reinsured Crop Insurance Claims (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

Economic Research Service

Suggested: Agricultural Act of 2014: Highlights and Implications
Suggested: Crop Insurance
Policy: Price Loss Coverage (PLC)  and Agricultural Risk Coverage (ARC)
Farm Economy:  Farm & Commodity Policy
Government Programs and Risk: Major Risk Management Programs
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
Agriculture Improvement Act of 2018: Highlights and Implications

Farm Service Agency (FSA)

Disaster Assistance Programs
Disaster Assistance Fact Sheet
Farm Loan Programs
Farm Bill Home

FSA Handbooks for Disaster Assistance

Emergency Forest Restoration Program
Livestock Programs (4-DAP Revision 1)
Livestock Programs (4-DAP Revision 2)
Coronavirus Food Assistance Program (1-CFAP)
Crop Disaster Programs (1-CAP)
Crop Disaster Program (5-DAP Revision 1)
Crop Disaster Program (5-DAP Revision 2)
Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (1-ELAP)
Livestock Disaster Assistance Programs for 2011 and Subsequent Years (1-LDAP Revision 1)
Livestock Disaster Assistance Programs (1-LDAP)
Livestock Indemnity Program (1-LIP)
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)
Supplemental Revenue Assistance Program (1-SURE)
Tree Assistance Program Updated July 2018 (1-TAP Revision 4)
Tree Assistance Program (1-TAP Revision 2)
Tree Assistance Program for 2008 through 2011 Crop Years (1-TAP Revision 3)
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)

Internal Revenue Service

Disaster Assistance and Emergency Relief for Individuals and Businesses
Crop Insurance and Crop Disaster Payments
Tax Law Provisions for Disaster Areas
Farmer’s Tax Guide (Publication 225, 2017)
Tax Relief in Disaster Situations

National Appeals Division

Guidance, Regulations, and Statutes

               Search NAD Determinations

NAD Hearing Guide

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

United States Department of Agriculture (USDA)

Farmers’ Guide to 2018 USDA Farm Bill Programs
Emergency Farm Loans
Reference Guide: USDA Disaster Resources for Farmers, Ranchers and Communities
Farmers.gov: Recover


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)


Publications

Agricultural Disaster Assistance (Congressional Research Service, June 11, 2019)
Disaster Assistance For Ag Producers (ATTRA Sustainable Agriculture)
Topic: Risk Management Publications (Farmer’s Legal Action Group)
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)
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)
Organic Farmers in Disasters-Flooding and whole Farm Revenue Crop Insurance (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)
Disaster Readiness and Recovery: Legal Considerations for Organic Farmers (FLAG, 2007)
Farmers’ Guide to Disaster Assistance (FLAG, Sixth Edition, 2008)

Additional Resources

Crop Insurance Posts (Ag & Food Law Blog)
Crop Insurance – Tools and Calculators (U. IL. Extension iFarm Tools, 2019)
2013 Federal Crop Insurance Program Handbook (National Association of Insurance Commissioners)
2018 Farm Bill Strengthens Crop Insurance
American Arbitration Association Rules
Crop Insurance Terms and Definitions (TX A & M, Stokes, 1999)
Farmdoc – Crop Insurance (U. IL at Urbana)
National Ag Risk Education Library (U. MN)
FSA 2018 Farm Bill What is New and What has Changed