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Emergency Assistance for Livestock, Honey Bees, and Farm-raised Fish (ELAP) - Livestock

Emergency Assistance for USA Livestock Producers for
Losses Due to Weather Events, Disease, and Water Shortages

GrantWatch ID#: 182187
Agency Type:

Federal

U.S. Department of Agriculture (USDA) Farm Service Agency (FSA)

11/01/17 - The application period ends no later than November 1 after the end of the program year in which the loss occurred.

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Emergency assistance is available to USA livestock producers to mitigate financial losses due to adverse weather events, disease, wildfires, and water shortages. Funding may be claimed in the event of livestock death, feed and grazing loss, losses resulting from the cost of transporting water, and losses related to cattle tick fever treatments.

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).

There are four categories of livestock losses covered by ELAP:

Livestock Death Losses:

To be eligible for livestock death losses, livestock must:
-For eligible livestock owners, be alpacas, adult or non-adult dairy cattle, beef cattle, beefalo, buffalo, deer, elk, emus, equine, goats, llamas, poultry, reindeer, sheep or swine;
-For eligible contract growers, be poultry or swine;
-Be maintained for commercial use as part of a farming operation on the date of death; and
-Have died: as a direct result of an eligible loss condition; on or after the beginning date of the eligible loss condition; or no later than 60 calendar days from the ending date of the eligible loss condition.

Examples of ineligible livestock for livestock death losses include wild free-roaming animals or animals for recreational purposes, such as pleasure, hunting, roping, pets or for show.

Livestock owners must have legal ownership of the livestock on the day the livestock died. Livestock contract growers must have had:
-A written agreement with the owner of the eligible livestock;
-Control of the eligible livestock on the day the livestock died; and
-A risk of loss in the livestock. Eligible Death Losses

Eligible livestock death losses must be:
-Incurred by an eligible livestock owner or contract grower;
-Due to an eligible loss condition occurring during the program year for which payment is requested (for 2017, on or after Oct. 1, 2016, and before Oct. 1, 2017); and
-In excess of normal mortality.

FSA determines the eligible loss conditions for livestock death losses and these loss conditions cannot be covered under LIP.

Livestock Feed and Grazing Losses:

For livestock feed and grazing losses, livestock must be:
-Alpacas, adult or non-adult dairy cattle, adult or non-adult beef cattle, adult or non-adult buffalo, adult or non-adult beefalo, deer, elk, emus, equine, goats, llamas, reindeer and sheep;
-Livestock that would normally have been grazing the eligible grazing land or pastureland during the normal grazing period for the specific pasture type of grazing land or pastureland in the county where the eligible adverse weather or loss condition occurred;
-Owned, cash-leased, purchased, under contract for purchase or been raised by a contract grower or an eligible livestock producer, during the
60 calendar days prior to the beginning date of the eligible adverse weather or loss condition; and
-Maintained for commercial use as part of the producer’s farming operation on the beginning date of the eligible adverse weather or loss condition.
Livestock that were or would have been in a feedlot are not eligible for livestock feed and grazing losses under ELAP.

For livestock grazing and feed losses, producers must have:
-During the 60 calendar days before the beginning date of the eligible adverse weather or loss condition, owned, cash-leased, purchased, entered into a contract to purchase or been a contract grower of eligible livestock;
-Suffered a loss on land that is either: native or improved pastureland with a
permanent vegatative cover; or planted to a crop specifically for the purpose of providing grazing for covered livestock; and
-Provided pastureland or grazing land during the normal grazing period to eligible livestock, including cash-leased pastureland or grazing land for livestock that is physically located in the county where the eligible adverse weather or loss condition occurred during the normal grazing period.

Eligible adverse weather or loss conditions for livestock feed and grazing losses include, but are not limited to:
-Blizzard;
-Eligible winter storm;
-Flood;
-Hurricane;
-Lightning;
-Tidal surge;
-Tornado;
-Volcanic eruption; or
-Wildfire on non-federal land.

Drought and wild re on federally managed land are not eligible adverse weather or loss conditions for livestock feed and grazing losses under ELAP. These conditions are covered by LFP.

Eligible grazing losses must be incurred on eligible grazing lands physically located in the county where the eligible adverse weather or loss condition occurred and because of an eligible adverse weather or loss condition.

The daily livestock payment rates per head for eligible livestock grazing losses for 2017 is $1.00.

Eligible feed losses under ELAP are losses:
-Of purchased forage or feedstuffs;
-Of mechanically harvested forage or feedstuffs;
-Resulting from the additional costs incurred for transporting feed to eligible livestock because of an eligible adverse weather or loss condition; and
-Resulting from the additional costs of purchasing additional feed, above normal quantities, required to maintain eligible livestock during an eligible adverse weather or loss condition, until additional livestock feed becomes available.

Eligible feed losses must not exceed 150 days of lost feed.

Losses Resulting from Additional Cost of Transporting Water:

For losses resulting from the additional cost of transporting water, eligible livestock must be:
-Alpacas, adult or non-adult dairy cattle, adult or non-adult beef cattle, adult or non-adult buffalo, adult or non-adult beefalo, deer, elk, emus, equine, goats, llamas, reindeer and sheep;
-Owned, cash-leased, purchased, under contract for purchase or been raised by a contract grower or an eligible livestock producer, during the
60 calendar days prior to the beginning date of
the eligible adverse weather or loss condition;
-Livestock that are grazing eligible pastureland or grazing land during the normal grazing period for the specific pasture type of grazing land or pastureland that: are physically located in the county where the eligible adverse weather or loss condition occurred; had adequate livestock watering systems or facilities before the eligible adverse weather or loss condition occurred; and do not normally require the transport of water by the producer; and
-Maintained for commercial use as part of the producer’s farming operation on the beginning date of the eligible adverse weather or loss condition.

Livestock that were or would have been in a feedlot are not eligible for livestock losses resulting from transporting water under ELAP.

For losses resulting from transporting water, producers must have, during the 60 calendar days before the beginning date of the eligible adverse weather or loss condition, owned, cash-leased, purchased, entered into a contract to purchase or been a contract grower of eligible livestock.

Eligible adverse weather for losses resulting from the additional cost of transporting water to eligible livestock includes an eligible drought, meaning that any area of the county has been rated by the U.S. Drought Monitor as having a D3 (extreme drought) intensity that directly impacts water availability at any time during the normal grazing period.

Eligible losses due to the additional costs of transporting water under ELAP are losses that:
-Are due to an eligible drought;
-Are for the additional cost of transporting water to eligible livestock, including, but not limited to, costs associated with water transport equipment fees, labor and contracted water transportation fees; and
-Do not include the cost of the water itself.

Losses Related to Treatment for Cattle Tick Fever:

For losses resulting from the additional cost to treat for cattle tick fever, eligible livestock must be:
-Adult or non-adult dairy cattle, adult or non-adult beef cattle, adult or non-adult buffalo and adult or non-adult beefalo;
-Owned, cash-leased, purchased, under contract for purchase or been raised by a contract grower or an eligible livestock producer, during the
60 calendar days prior to the beginning date of the eligible adverse weather or loss condition; and
-Maintained for commercial use as part of the producer’s farming operation on the beginning date of the eligible adverse weather or loss condition.

Livestock that were or would have been in a feedlot are not eligible for livestock losses resulting from the additional cost to treat for cattle tick fever under ELAP.

Eligible losses include those losses resulting from the additional cost associated with gathering livestock to treat for cattle tick fever. To be considered an eligible loss, acceptable records that provide the number of livestock treated for cattle tick fever and the number of treatments given during the program year must be on file with the USDA Animal and Plant Health Inspection Service (APHIS).

Death Loss Payments:

Payments for eligible livestock death losses will be based on a national payment rate for each livestock category times the number of eligible livestock that died in each category in excess of normal mortality. The national payment rate for eligible livestock owners is based on a minimum of 75 percent of the average fair market value of the livestock, as provided in Table 1 of the Fact Sheet (attached below). The national payment rate for eligible contract growers is based on a minimum of 75 percent of the average income loss sustained by the contract grower with respect to the dead livestock, as provided in Table 2. USDA will reduce a contract grower’s ELAP payment by the amount of monetary compensation they receive from their contractor for the loss of income suffered from the death of livestock under contract.

Livestock Feed Payments:

Payment calculations for feed losses will be based on a minimum of 60 percent of the producer’s actual cost for:
-Livestock feed that was purchased or mechanically harvested forage or feedstuffs intended for use as feed for the producer’s eligible livestock that was physically damaged or destroyed due to an eligible adverse weather or loss condition;
-The additional costs incurred for transporting livestock feed to eligible livestock due to an eligible adverse weather or loss condition; and
-The additional cost of purchasing additional livestock feed above normal to maintain the eligible livestock during an eligible adverse weather or loss condition until additional livestock feed becomes available.

FSA will calculate ELAP payments for an eligible livestock producer for livestock feed and grazing losses for no more than 150 calendar days.

Payments for Losses from Transporting Water:

Payments for losses due to transporting water will be based on a minimum of 60 percent of the lesser of:
-The total value of the cost to transport water to eligible livestock for 150 days, based on the daily water requirements for the eligible livestock; or
-The total value of the cost to transport water to eligible livestock for the program year, based on the actual number of gallons of water the eligible producer transported to eligible livestock for the program year.

Payments for Losses for Gathering Livestock to Treat for Cattle Tick Fever:

Payments for losses resulting from the additional cost associated with gathering livestock to treat for cattle tick fever will be equal to the sum of the following for each treatment:
-A minimum national payment factor of 60 percent, multiplied by;
-The number of eligible livestock treated by APHIS for cattle tick fever, multiplied by;
-The average cost to gather livestock, per head, as established by FSA.

Socially Disadvantaged, Limited Resource, and Beginning Farmers and Ranchers:

With respect to the national payment rates referenced above, an eligible livestock producer who certifies they are socially disadvantaged, limited resource or a beginning farmer or rancher will not have their payment rate for livestock losses under ELAP reduced by more than 10 percent.

Payment Limitations:

No person or legal entity, excluding a joint venture or general partnership, may receive, directly or indirectly, more than $125,000 total in payments under ELAP, LFP and LIP combined. The average adjusted gross income (AGI) limitation on payments for persons or legal entities, excluding joint ventures and general partnerships, with certain levels of average AGI will apply. Specifically, a person or legal entity with an average AGI (as de ned in 7 CFR Part 1400) that exceeds $900,000 will not be eligible to receive ELAP payments.

Eligible Producer:

(a) In general, the term ‘‘eligible producer’’ means, in addition to other requirements as may apply, an individual or entity described in paragraph (b) of this section that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock on a farm either as the owner of the farm, when there is no contract grower, or a contract grower of the livestock when there is a contract grower.

(b) To be eligible for benefits, an individual or legal entity must submit a farm operating plan for the purpose of payment limitation review in accordance with part 1400 of this chapter and be a:

(1) Citizen of the United States;
(2) Resident alien; for purposes of this part, resident alien means ‘‘lawful alien’’;
(3) Partnership of citizens of the United States; or
(4) Corporation, limited liability corporation, or other farm organizational structure organized under State law.

Producers can apply to receive ELAP assistance at local FSA service centers. For the 2017 program year and subsequent program year losses, the application period will end no later than November 1 after the end of the program year in which the livestock loss occurred.

In addition to submitting an application for payment, producers who suffered livestock losses should submit a notice of loss to the local FSA office that maintains their farm records.

The following provides the final dates to file a notice of loss and application for payment for livestock losses:

-Date of Livestock Loss: Program year 2017 and subsequent program years
-Final Date to File Notice of Loss: 30 days after livestock loss is apparent
-Final Date to Submit an Application for Payment: November 1 after the program year in which the loss occurred

Before starting your grant application, please review the funding source's website listed below for updates/changes/addendums/conferences/LOIs.

For ELAP:
Amy Mitchell
(202) 720-8954

For Payment Limits and Payment Eligibility:
James Baxa
(202) 720-4189

To find your local FSA office, visit:
http://offices.usda.gov

See the full text of this grant

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