GAO DISASTER ASSISTANCE. USDA and SBA Could Do More to Help Aquaculture and Nursery Producers

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1 GAO United Sttes Government Accountbility Office Report to the Chir, Committee on Smll Business nd Entrepreneurship, U.S. Sente September 2012 DISASTER ASSISTANCE USDA nd SBA Could Do More to Help Aquculture nd Nursery Producers GAO

2 September 2012 DISASTER ASSISTANCE USDA nd SBA Could Do More to Help Aquculture nd Nursery Producers Highlights of GAO , report to the Chir, Committee on Smll Business nd Entrepreneurship, U.S. Sente Why GAO Did This Study Frmers nd other griculturl producers re exposed to nturl dissters, such s droughts, floods, hurricnes, nd torndoes. In the ftermth of such events, FSA nd SBA disster ssistnce progrms cn provide n importnt sfety net for these producers. However, fter pst nturl dissters, industry groups nd others hve rised concerns tht some smll griculturl producers prticulrly quculture (such s frmed fish nd shellfish) nd nursery (such s trees nd plnts) producers reported being ineligible to obtin this ssistnce. GAO ws sked to (1) exmine FSA nd SBA disster ssistnce progrms nd the coverge they provide to smll producers; (2) identify the min fctors, if ny, tht my limit smll quculture nd nursery producers prticiption in these disster ssistnce progrms; nd (3) exmine FSA nd SBA efforts to collborte in providing such ssistnce to these producers. GAO reviewed the 10 FSA nd SBA disster ssistnce progrms tht become vilble following nturl disster nd tht provide direct finncil ssistnce or lons to these producers, interviewed gency officils nd industry representtives, nd reviewed gency documents nd regultions. Wht GAO Recommends GAO recommends tht USDA nd SBA trget outrech to smll quculture nd nursery producers, for exmple, by building on existing outrech, nd develop strtegy to formlly collborte on disster ssistnce for such producers. USDA nd SBA generlly concurred with GAO s recommendtions. View GAO For more informtion, contct Lis Shmes t (202) or shmesl@go.gov nd Willim B. Sher t (202) or sherw@go.gov. Wht GAO Found The U.S. Deprtment of Agriculture s (USDA) Frm Service Agency (FSA) nd the Smll Business Administrtion (SBA) hve 10 disster ssistnce progrms tht smll griculturl producers nd businesses tht support griculture cn use to recover from nturl dissters. These progrms serve lrgely different popultions but leve few gps in the disster ssistnce vilble to most smll griculturl producers. Aquculture nd nursery producers could be eligible for six of these progrms, but their prticiption is limited by wreness nd eligibility issues (see tble). FSA nd SBA Disster Assistnce Progrms nd Types of Losses Covered Progrm Crops Livestock Lnd Other FSA Supplementl Revenue Assistnce Pyments Progrm X FSA Tree Assistnce Progrm b X FSA Livestock Indemnity Progrm X FSA Livestock Forge Disster Progrm c X FSA Emergency Assistnce for Livestock, Honeybees, nd Frm-rised Fish Progrm d X X FSA Emergency Conservtion Progrm X FSA Emergency Forest Restortion Progrm X FSA Emergency Lon Progrm X SBA Economic Injury Disster Lon Progrm X SBA Business Physicl Disster Lon Progrm X Sources: GAO review of federl disster ssistnce progrm informtion provided by FSA nd SBA. These progrms re vilble to smll quculture or nursery producers. b FSA s Tree Assistnce Progrm does not cover crop production losses but provides prtil cost reimbursement to replnt or rehbilitte trees, bushes, nd vines. c This refers to the loss of grzing lnd for livestock. d For the purposes of this tble, GAO defines crops to include honeybees nd frm-rised fish. GAO identified three fctors tht my limit smll quculture nd nursery producers prticiption in the 6 disster ssistnce progrms for which they could be eligible. In prticulr, the producers re often not wre of the progrms, hve other options for ssistnce, or do not qulify becuse they do not meet certin progrm requirements. Both FSA nd SBA conduct outrech relted to their disster ssistnce progrms, but neither gency hs specificlly trgeted its efforts towrd smll quculture nd nursery producers. As result, eligible producers re missing opportunities to obtin ssistnce tht could help them mintin vible business fter experiencing nturl disster. FSA nd SBA engged in some informl efforts to collborte in providing disster ssistnce to smll quculture nd nursery producers. However, the efforts were limited becuse FSA field stff know little bout SBA s disster ssistnce progrms, nd SBA stff know little bout the fctors tht ffect whether n griculturl lon will be repid. GAO hs reported tht gencies with complementry progrms cn enhnce the vlue of these progrms through intergency collbortion. Without more forml collbortion, smll producers my not be consistently referred by one gency to the other, leding to fewer opportunities for these smll producers to get ssistnce for which they otherwise might qulify. United Sttes Government Accountbility Office

3 Contents Letter 1 Bckground Disster Assistnce Progrms Leve Few Gps in Coverge for Smll Agriculturl Producers Awreness nd Eligibility Issues Limit Smll Aquculture nd Nursery Producers Prticiption in Disster Assistnce Progrms FSA nd SBA Efforts to Collborte on Disster Assistnce to Smll Aquculture nd Nursery Producers Are Limited Conclusions Recommendtions for Executive Action Agency Comments Appendix I Objectives, Scope, nd Methodology 32 Appendix II Federl Disster Assistnce Progrms 35 Appendix III GAO Contcts nd Stff Acknowledgments 38 Relted GAO Products 39 Tbles Tble 1: 10 FSA nd SBA Disster Assistnce Progrms nd Types of Losses Covered Tble 2: FSA Csh Assistnce Progrms Tble 3: FSA nd SBA Disster Lon Progrms Tble 4: Disster Assistnce Progrms Tht Cover Aquculture nd Nursery Losses Pge i

4 Abbrevitions ELAP Emergency Assistnce for Livestock, Honeybees, nd Frm-rised Fish Progrm FEMA Federl Emergency Mngement Agency FSA Frm Service Agency NAP Noninsured Crop Disster Assistnce Progrm RMA Risk Mngement Agency SBA Smll Business Administrtion SURE Supplementl Revenue Assistnce Pyments Progrm TAP Tree Assistnce Progrm the 2008 frm bill Food, Conservtion, nd Energy Act of 2008 USDA U.S. Deprtment of Agriculture This is work of the U.S. government nd is not subject to copyright protection in the United Sttes. The published product my be reproduced nd distributed in its entirety without further permission from GAO. However, becuse this work my contin copyrighted imges or other mteril, permission from the copyright holder my be necessry if you wish to reproduce this mteril seprtely. Pge ii

5 United Sttes Government Accountbility Office Wshington, DC September 11, 2012 The Honorble Mry L. Lndrieu Chir Committee on Smll Business nd Entrepreneurship United Sttes Sente Der Mdm Chir: Frmers nd other griculturl producers re exposed to nturl dissters, such s droughts, floods, hurricnes, nd torndoes. Smll griculturl producers, which the U.S. Deprtment of Agriculture (USDA) describes s diverse group tht produces rnge of food nd fiber nd tht cn include fmily frms, commodity producers, quculture (such s frmed fish nd shellfish) producers, nursery producers (such s trees nd plnts), nd other frmers nd rnchers. These producers re prticulrly vulnerble to dissters becuse they tend to hve less control over their economic security thn lrger producers, nd nturl dissters cn excerbte this economic insecurity. In the ftermth of such nturl dissters, federl disster ssistnce progrms cn provide n importnt sfety net for these producers. However, fter pst nturl dissters, some smll griculturl producers, prticulrly quculture nd nursery producers, reported chllenges in obtining this ssistnce. For exmple, following the Gulf Cost hurricnes in 2005 nd 2006 nd other nturl dissters, some crwfish, oyster, nd ctfish producers whose opertions were severely dmged reported tht they did not hve the sfety net tht they expected. Both USDA, through its Frm Service Agency (FSA), nd the Smll Business Administrtion (SBA) re mjor sources of disster ssistnce, but there is little overlp in the popultions served by the FSA nd SBA progrms. Specificlly, FSA provides finncil ssistnce in the form of csh pyments nd reimbursements, s well s lons to help griculturl producers recover from dmges sustined in nturl dissters. It provides this ssistnce for producers who hve sustined crop nd livestock losses resulting from nturl dissters through five supplementl disster ssistnce progrms uthorized under Title XV of the 2008 frm Pge 1

6 bill, s well s three other progrms. 1 These progrms only cover losses incurred s result of disster tht occurred on or before September 30, 2011, but pyments re currently being mde for disster losses incurred from Jnury 1, 2008, through September 30, A new frm bill ws being debted s of August 2012, nd the finl bill my reuthorize some of these progrms nd my include retroctive ssistnce for dmges resulting from nturl dissters occurring fter September 30, In ddition, while SBA disster lons primrily serve nongriculturl entities, SBA lso hs uthority to nd does provide lons to help some smll griculturl producers nd businesses tht support griculture recover from dissters. However, fter pst nturl dissters, some stkeholders, including certin industry groups nd others, rised concerns tht some smll griculturl producers, including quculture nd nursery producers, hve been found ineligible for both gencies disster ssistnce progrms. In ddition, it is not cler whether FSA nd SBA re collborting effectively to ensure tht these producers re served. In this context, you sked us to exmine the disster ssistnce progrms vilble to smll griculturl producers. In this report, our objectives were to (1) exmine FSA nd SBA disster ssistnce progrms nd the coverge they provide smll producers; (2) identify the min fctors, if ny, tht my limit smll quculture nd nursery producers prticiption in disster ssistnce progrms from FSA nd SBA; nd (3) exmine FSA nd SBA efforts to collborte in providing disster ssistnce to smll quculture nd nursery producers. To ddress these objectives, we reviewed the 10 FSA nd SBA disster ssistnce progrms we identified for griculturl producers nd businesses tht support griculture tht become vilble following nturl disster nd tht provide direct finncil ssistnce in csh pyments, reimbursements, or lons to griculturl producers nd businesses tht support griculture tht hve experienced nturl dissters. We use the term griculturl producers to refer to fmily frms, commodity producers, quculture producers, nursery producers, nd other frmers nd rnchers. Businesses tht support griculture refers to businesses tht provide support ctivities for griculture tht do 1 Food, Conservtion, nd Energy Act of 2008, Pub. L. No , 15101, 122 Stt. 1651, Pge 2

7 not led to griculturl production. Exmples of support ctivities include such duties s cotton ginning, soil preprtion, plnting, nd breeding services for nimls. Our primry focus ws on smll griculturl producers s described by USDA. We included fmily frms nd other frmers nd rnchers whose size mkes them prticulrly vulnerble to nturl dissters nd in turn to economic insecurity. 2 We used vilble FSA- or SBA-estblished griculturl producer size criteri for progrm eligibility in our review. To determine the types of smll griculturl producers the 10 FSA nd SBA progrms cover, we reviewed gency documents, uthorizing sttutes, nd implementing regultions to obtin informtion bout ech progrm, including eligibility requirements, nd interviewed FSA nd SBA officils. When nlyzing whether ny gps in coverge exist, we nlyzed mjor ctegories of griculturl producers involved in the production of food nd fiber, including commodities such s whet, feed grins, cotton, rice, oilseeds, nd penuts; specilty crops such s fruits, vegetbles, tree nuts, nd nursery crops including floriculture; livestock; nd quculture. We believe tht this nlysis of mjor ctegories llowed us to resonbly identify where ny gps in coverge my be present. However, we recognize tht we my not hve detected dditionl gps in coverge tht my exist. We focused our second objective on the fctors limiting smll quculture nd nursery producers prticiption in these disster ssistnce progrms becuse quculture nd nursery producers re covered by t lest one of the disster ssistnce progrms offered by both FSA nd SBA. Other griculturl producers re not covered by the SBA progrms. To identify ny fctors limiting smll nursery nd quculture producers prticiption in these disster ssistnce progrms, we reviewed the eligibility criteri for the progrms tht pertin to them nd interviewed FSA nd SBA officils. We ssessed the gencies outrech policies nd prctices ginst our prior reports on reching progrm s intended recipients. 3 2 For individul borrowers, FSA s definition of fmily frm specifies tht the mjority of dy-to-dy, opertionl decisions nd ll strtegic mngement decisions be mde by the borrower or reltive, nd substntil mount of lbor to operte the frm be provided by the borrower or reltive. For corportions, prtnerships, or other entities, the mjority of dy-to-dy, opertionl decisions, nd ll strtegic mngement decisions must be mde, nd substntil mount of lbor to operte the frm be provided by the members responsible for operting the frm. 3 GAO, Designing Evlutions: 2012 Revision, GAO G (Wshington, D.C.: Jn. 31, 2012) nd GAO, Mnging for Results: Views on Ensuring the Usefulness of Agency Performnce Informtion to Congress, GAO/GGD (Wshington, D.C.: Jn. 26, 2000). Pge 3

8 We lso interviewed stte-level FSA officils nd industry representtives in seven selected sttes bout the min fctors tht my limit prticiption in disster ssistnce progrms from FSA nd SBA. We selected these sttes becuse the nursery nd quculture industries hve significnt presence in them. In selecting them, we lso considered the geogrphic distribution of the sttes to ensure tht vriety of plces experiencing different types of nturl dissters ws included. Becuse we selected nonprobbility smple of sttes, the informtion we collected from them cnnot be generlized to ll sttes; however, the informtion provides useful exmples of the fctors tht my limit prticiption in disster ssistnce progrms from FSA nd SBA in those sttes. The sttes we selected were Cliforni, Florid, Louisin, Michign, Mississippi, North Crolin, nd Wshington. To determine how FSA nd SBA collborte to provide disster ssistnce to smll nursery nd quculture producers, we reviewed FSA nd SBA documents nd interviewed ntionl- nd stte-level gency officils to obtin informtion bout the gencies policies nd prctices for collborting on disster ssistnce. We lso exmined the degree to which the gencies collbortive efforts reflected key prctices we previously identified tht cn help enhnce nd sustin collbortion mong federl gencies. 4 Appendix I provides more informtion on our objectives, scope, nd methodology. We conducted this performnce udit from September 2011 to September 2012 in ccordnce with generlly ccepted government uditing stndrds. Those stndrds require tht we pln nd perform the udit to obtin sufficient, pproprite evidence to provide resonble bsis for our findings nd conclusions bsed on our udit objectives. We believe tht the evidence obtined provides resonble bsis for our findings nd conclusions bsed on our udit objectives. Bckground Nturl dissters, such s droughts, floods, hurricnes, nd other dverse wether events, pose risks to griculturl producers. The federl government hs plyed n ctive role in mitigting those risks through vriety of disster ssistnce progrms. USDA provides bsic sfety net of permnently uthorized nd regulrly funded progrms to help griculturl producers recover finncilly from losses resulting from 4 GAO, Results-Oriented Government: Prctices Tht Cn Help Enhnce nd Sustin Collbortion mong Federl Agencies, GAO (Wshington, D.C.: Oct. 21, 2005). Pge 4

9 nturl dissters. Congress hs historiclly supplemented these ongoing progrms in n d hoc mnner by providing one-time pyments through disster ssistnce progrms tht compenste producers for dissterrelted crop nd livestock losses they sustined. The quculture nd nursery industries re two growing griculturl industries covered by federl disster ssistnce. Federl Crop Insurnce nd Noninsured Crop Disster Assistnce Progrms Provide Bsic Sfety Net for Agriculturl Producers The Federl Crop Insurnce Progrm nd the Noninsured Crop Disster Assistnce Progrm (NAP) offer griculturl producers protection ginst crop losses if they enroll in the progrms prior to experiencing loss. 5 Federl crop insurnce, dministered by USDA s Risk Mngement Agency (RMA), protects prticipting frmers ginst finncil losses becuse of production risks droughts, floods, nd other nturl dissters s well s other risks. Under the Federl Crop Insurnce Progrm, frmers cn choose vrious levels nd types of insurnce protection: they cn insure ginst losses cused by poor crop yields, declines in crop prices, or both, for ech insurble crop they produce. These crops include mjor crops such s corn, cotton, soybens, nd whet, which ccounted for three-qurters of the cres enrolled in the progrm in 2011 s well s nursery crops nd certin fruits nd vegetbles. RMA is lso conducting pilot quculture crop insurnce projects for clms nd oysters. For crops for which federl crop insurnce is not vilble, frmers cn obtin coverge through FSA s NAP, which provides csh pyments to producers when nturl dissters re responsible for low crop yields or loss of vlue or prevent plnting from occurring. NAP is limited by sttute to include crops for which the ctstrophic risk protection level of crop insurnce is not vilble nd tht re grown for food nd fiber, nd other crops such s floriculture, ornmentl nursery, Christms tree crops, turfgrss sod, nd quculture. Disster declrtions re required to trigger some federl disster ssistnce progrms. For griculturl disster ssistnce progrms, disster declrtions cn be mde by the President, the Secretry of 5 We previously reported on the costs of the federl crop insurnce progrm. See GAO, Crop Insurnce: Svings Would Result from Progrm Chnges nd Greter Use of Dt Mining, GAO (Wshington, D.C.: Mr. 13, 2012). Pge 5

10 Agriculture, or the SBA Administrtor. 6 The Robert T. Stfford Disster Relief nd Emergency Assistnce Act uthorizes the President to issue mjor disster or emergency declrtions in response to ctstrophes in the United Sttes tht overwhelm stte nd locl governments. Such declrtions result in the distribution of wide rnge of federl id to individuls nd fmilies, certin nonprofit orgniztions, nd public gencies (see pp. II). The Federl Emergency Mngement Agency (FEMA), in the Deprtment of Homelnd Security, is responsible for coordinting federl response nd recovery efforts under presidentil disster declrtions. FEMA works with other federl, stte, nd locl gencies to ssist individuls fter mjor dissters, nd volunteer orgniztions, such s the Americn Red Cross, lso prticipte in these efforts. 7 Following presidentil disster declrtion, FEMA will open disster recovery centers where individuls cn meet with representtives from federl gencies, including FSA nd SBA; obtin informtion bout the recovery process; nd register for federl disster ssistnce. Federl Disster Assistnce Progrms Tht Become Avilble to Agriculturl Producers nd Businesses Tht Support Agriculture Following Nturl Disster In ddition to crop insurnce nd NAP, which re purchsed before disster, FSA provides eight disster ssistnce progrms tht become vilble to producers fter nturl disster. Title XV of the Food, Conservtion, nd Energy Act of 2008 (the 2008 frm bill) estblished five disster ssistnce progrms tht provide ssistnce to griculturl producers who suffer crop nd livestock losses incurred s result of disster, dverse wether, or other environmentl condition tht occurred on or before September 30, Agriculturl producers my pply for this ssistnce following nturl disster. USDA s FSA dministers these progrms nd funds them through the Agriculturl Disster Relief 6 The President cn issue mjor disster or emergency declrtion in response to ctstrophe tht overwhelms stte nd locl governments. The Secretry of Agriculture cn mke determintion tht there hs been nturl disster. The SBA Administrtor cn declre disster becuse of vrious physicl dmges or economic injuries. 7 Presidentilly declred dissters require tht FEMA hve overll responsibility for coordinting federl ssistnce, but there re severl other types of disster declrtions, such s those mde by the Secretry of Agriculture or SBA, tht do not involve FEMA. Such declrtions insted mke vrious disster ssistnce from SBA, FSA, nd other stte nd locl uthorities vilble to producers. 8 We evluted pst d hoc disster ssistnce progrms to inform FSA s implementtion of the 2008 frm bill disster ssistnce progrms. See GAO, USDA Crop Disster Progrms: Lessons Lerned Cn Improve Implementtion of New Crop Assistnce Progrm, GAO (Wshington, D.C.: June 4, 2010). Pge 6

11 Trust Fund providing pproximtely $3.6 billion in ssistnce through the end of clendr yer 2011 to griculturl producers of ll sizes. 9 The five progrms re the following: The Supplementl Revenue Assistnce Pyments Progrm (SURE) provides csh ssistnce for griculturl producers with crop production losses or crop qulity losses. The Tree Assistnce Progrm (TAP) provides prtil cost reimbursements to orchrd nd nursery producers for replnting or rehbilitting lost or dmged trees, bushes, or vines. The Livestock Indemnity Progrm provides csh ssistnce to producers for livestock deths. The Livestock Forge Disster Progrm provides csh ssistnce to livestock producers when their livestock re prevented from grzing due to drought or fire on federlly mnged lnd. The Emergency Assistnce for Livestock, Honeybees, nd Frmrised Fish Progrm (ELAP) provides csh ssistnce to eligible producers who hve losses tht re not covered under the other 2008 frm bill progrms due to dverse wether nd disese, mong other things. FSA lso dministers three other disster ssistnce progrms tht producers cn pply for following disster. These progrms re generlly funded through nnul ppropritions nd re s follows: The Emergency Forest Restortion Progrm, which lso ws creted in the 2008 frm bill, provides pyments to eligible owners of nonindustril privte forestlnd to crry out emergency mesures to restore lnd dmged by nturl disster. This progrm ws implemented in 2010 to cover dissters strting in Jnury It hs provided $2 million from fiscl yers 2010 through The Emergency Conservtion Progrm provides funding nd technicl ssistnce for frmers nd rnchers who crry out emergency mesures to rehbilitte frmlnd dmged by nturl dissters nd for crrying out emergency wter conservtion mesures in periods of severe drought. This progrm provided $345 million from fiscl yers 2008 through Funds re pproprited to the Agriculturl Disster Relief Trust Fund from the generl fund of the Tresury bsed on griculturl trde duties. Pge 7

12 The Emergency Lon Progrm helps griculturl producers recover from production nd physicl losses. Unlike FSA s other disster ssistnce progrms, the Emergency Lon Progrm is vilble only to smll griculturl producers, which USDA clssifies s fmily-sized frms. FSA obligted $32 million for the Emergency Lon Progrm in fiscl yer By lw, SBA is prohibited from providing disster lons to most griculturl producers. However, SBA hs two lon progrms tht re relevnt to griculture nd provided 103 lons totling bout $15 million in disster lons to eligible smll quculture producers, nursery producers ffected by drought, nd businesses tht support griculture tht reported losses to SBA from October 2007 through the end of The two progrms re the following: The Economic Injury Disster Lon Progrm provides working cpitl lons for disster-relted needs to meet finncil obligtions tht could hve been met hd the disster not occurred. Smll businesses or privte nonprofit orgniztions re eligible for these lons if they hve suffered substntil economic injury i.e., the business cnnot meet its obligtions or py necessry operting expenses s direct result of declred disster. Aquculture producers nd nursery producers ffected by drought my qulify for these lons. The Business Physicl Disster Lon Progrm provides lons for business to repir, rehbilitte, or replce dmged property, including rel estte, equipment, inventory, nd fixtures. Any business, other thn n griculturl enterprise, or privte, nonprofit orgniztion (lrge or smll) locted in declred disster re tht hs incurred dmge during the disster my pply for these lons, including businesses tht support griculture. Chrcteristics of Aquculture nd Nursery Industries The 10 USDA nd SBA disster ssistnce progrms hve slightly different definitions for quculture. USDA defines quculture s the production nd rering of qutic species under controlled or selected environments. SBA uses definition from the U.S. Deprtment of Commerce s Ntionl Ocenic nd Atmospheric Administrtion, which defines quculture s the propgtion nd rering of qutic orgnisms in controlled or selected qutic environments for ny commercil, 10 SBA provided nother 199 lons totling $7.7 billion to nonfrm fishing, hunting nd trpping businesses over tht sme time period. Pge 8

13 recretionl or public purpose. A 2012 Congressionl Reserch Service report stted tht, until recently nd with few exceptions, U.S. quculture hs been considered minor industry. 11 USDA s 2005 Census of Aquculture reported tht U.S. sles of quculture products were pproximtely $1.1 billion. Aquculture crops include fish for humn consumption, such s ctfish, slmon, nd trout; crustcens such s crwfish; mollusks such s oysters nd clms; nd ornmentl fish nd bitfish. Fish for humn consumption nd bitfish re normlly grown in freshwter. Crwfish re grown in freshwter, nd frm-rised oysters nd clms re grown in costl res of the United Sttes. Nursery producers grow vriety of trees nd plnts, such s ok trees, shrubs, nd potted plnts, with some producers growing hundreds of vrieties. USDA hs reported tht, since the 1970s, the greenhouse nd nursery industry hd been growing more rpidly thn ll other griculturl commodities, in terms of csh receipts. Csh receipts for the top five greenhouse nd nursery producing sttes were nerly $10 billion in Disster Assistnce Progrms Leve Few Gps in Coverge for Smll Agriculturl Producers The 10 FSA nd SBA disster ssistnce progrms we identified tht smll griculturl producers nd businesses tht support griculture cn use to recover from nturl dissters provide ssistnce tht cn cover most losses. FSA provides csh ssistnce to griculturl producers, including smll producers, for crop nd livestock losses nd dmges to lnd. FSA lso provides disster lons to these producers to cover production losses, while SBA provides disster lons to cover physicl dmges nd economic injury losses to businesses tht support griculture nd economic injury to limited quculture sector nd for nurseries only when drought is declred. Together, the FSA nd SBA disster ssistnce progrms re frgmented, but they leve few gps in the ssistnce vilble to most smll griculturl producers in the wke of nturl disster. 12 Tble 1 lists the 10 csh ssistnce nd lon progrms we identified nd the types of losses they cover. 11 Congressionl Reserch Service, Fishery, Aquculture, nd Mrine Mmml Issues in the 112th Congress (Wshington, D.C.: My 9, 2012). 12 Frgmenttion refers to those circumstnces in which more thn one federl gency (or more thn one orgniztion within n gency) is involved in the sme brod re of ntionl interest. For more informtion, see GAO, 2012 Annul Report: Opportunities to Reduce Dupliction, Overlp nd Frgmenttion, Achieve Svings, nd Enhnce Revenue. GAO SP (Wshington, D.C.: Feb. 28, 2012). Pge 9

14 Tble 1: 10 FSA nd SBA Disster Assistnce Progrms nd Types of Losses Covered Progrm Crops Livestock Lnd Other FSA Supplementl Revenue Assistnce Pyments Progrm (SURE) FSA Tree Assistnce Progrm (TAP) X FSA Livestock Indemnity Progrm b FSA Livestock Forge Disster Progrm X FSA Emergency Assistnce for Livestock, Honeybees, nd Frm-rised Fish Progrm (ELAP) FSA Emergency Forest Restortion Progrm FSA Emergency Conservtion Progrm FSA Emergency Lon Progrm SBA Economic Injury Disster Lon Progrm SBA Business Physicl Disster Lon Progrm Sources: GAO review of federl disster ssistnce progrm informtion provided by FSA nd SBA. FSA s Tree Assistnce Progrm does not cover crop production losses but provides prtil cost reimbursements to replnt or rehbilitte trees, bushes, nd vines. b This refers to the loss of grzing lnd for livestock. c For the purposes of this tble, we define crops to include honeybees nd frm-rised fish. X X c X X X X X X X FSA Provides Csh Assistnce for Crop nd Livestock Losses nd Dmges to Lnd Agriculturl producers, including smll producers, such s fmily frms, cn pply for csh ssistnce under seven FSA progrms tht provide csh pyments nd reimbursements for losses resulting from nturl dissters to wide vriety of crops nd livestock, s well s dmges to frmlnd nd forests (tble 2). Qulifying nturl dissters generlly include dverse wether events such s droughts, floods, hurricnes, nd blizzrds; however, ech progrm specifies the types of dissters tht it covers. Five of the seven progrms (1) SURE, (2) TAP, (3) the Livestock Indemnity Progrm, (4) the Livestock Forge Disster Progrm, nd (5) ELAP were uthorized by Title XV of the 2008 frm bill nd cover losses nd dmges resulting from nturl dissters tht occurred from Jnury 1, 2008, through September 30, They hve severl common eligibility requirements. For exmple, producers must hve purchsed crop insurnce or enrolled in NAP prior to incurring dmges or, for crop yers 2008 nd 2009, must obtin wiver from those requirements from USDA to receive benefits under SURE, ELAP, nd TAP. However, limited resource (i.e., hving limited gross frm sles or 13 The SURE progrm covers losses beginning with the 2008 crop yer. A crop yer is determined by USDA bsed on when the crop is normlly hrvested. Pge 10

15 household income), socilly disdvntged (i.e., belonging to rcil or ethnic group subject to rcil or ethnic prejudice), nd beginning frmers nd rnchers (i.e., not hving operted frm or rnch for more thn 10 consecutive yers) my be exempted from this requirement. The other two progrms the Emergency Forest Restortion Progrm nd the Emergency Conservtion Progrm re uthorized in seprte legisltion nd cover losses on n ongoing bsis from funds generlly mde vilble through the ppropritions process. Tble 2: FSA Csh Assistnce Progrms Progrm Description Covered losses SURE Csh pyments for griculturl producers with qulifying crop production losses or crop qulity losses. Crops nd some quculture TAP Livestock Indemnity Progrm Livestock Forge Disster Progrm ELAP Emergency Forest Restortion Progrm Emergency Conservtion Progrm Prtil reimbursement for qulifying orchrdists nd nursery producers to replnt or rehbilitte eligible trees, bushes, nd vines. Csh ssistnce for livestock deths in excess of norml mortlity due to dverse wether. Csh ssistnce for livestock grzing losses cused by qulifying drought conditions or fire on federl lnd used for grzing. Csh ssistnce for livestock feed nd grzing losses nd deths; honeybee colony, hive nd feed losses; nd frmrised fish deths nd feed losses tht re not covered by other frm bill disster ssistnce progrms. Prtil reimbursement for owners of nonindustril privte forest lnd in order to crry out emergency mesures to restore dmged lnd. Prtil reimbursement for griculturl producers to rehbilitte frmlnd tht hs been severely dmged. Orchrds nd nurseries Livestock, including some quculture, nd honeybees Lnd Sources: GAO review of federl disster ssistnce progrm informtion provided by FSA. These progrms, uthorized under the 2008 frm bill, cover only losses incurred s result of dissters tht occurred on or before September 30, Pyments re currently being mde for disster losses tht occurred from Jnury 1, 2008, through September 30, Pge 11

16 Crop Losses Two progrms cover crop losses: SURE covers crops for which federl crop insurnce or NAP is vilble, including corn nd other commodities, fresh produce, orgnic crops, pples nd other fruit, nd nursery products. Losses to ctfish, crwfish, nd other quculture species re lso covered under SURE; however, livestock losses re not covered. Agriculturl producers who hve suffered 10 percent crop loss on t lest one crop of economic significnce on their frm re eligible if they re locted in declred disster county or county djcent to disster county. 14 In ddition, producers who hve lost 50 percent or more of the norml production on their frms from nturl disster my lso qulify for SURE, even if they re not locted in declred disster county or contiguous county. Reductions in crop quntity nd qulity due to nturl dissters re counted s losses nd, in some cses, losses tht occur becuse nturl disster prevented producer from plnting crop re lso counted. The mount of the SURE pyment is percentge of the difference between the SURE gurntee nd the totl frm revenue for the producer s entire frm, not the vlue of lost crops. The SURE gurntee is clculted bsed on the level of crop insurnce or NAP coverge the producer hs nd historic production or vlue of lost crops. In generl, the more insurnce purchsed, the higher the SURE pyment. TAP is cost-reimbursement progrm tht provides cost-shre pyments to orchrd nd nursery producers for replnting or rehbilitting lost or dmged trees, bushes, or vines for commercil purposes. Nursery trees tht re produced for commercil sle, including ornmentl trees, fruit nd nut trees, nd Christms trees, re lso covered. Trees used for pulp or timber re not covered. To receive benefits, producer must hve sustined loss in excess of 15 percent of the trees, bushes, or vines in n individul stnd contiguous crege of the sme type of plnt fter djusting for norml mortlity or dmge. TAP reimburses producers for 70 percent of the cost of replnting trees, bushes, nd vines, nd 50 percent of the costs to remove, prune, or other costs to slvge dmged trees, bushes, nd vines, or to prepre the lnd to plnt new ones. 14 Crop of economic significnce mens ny crop tht contributed, or is expected to contribute, 5 percent or more of the totl expected vlue of ll crops grown by the producer. Pge 12

17 Livestock nd Livestock- Relted Losses The following three progrms cover livestock nd livestock-relted losses: The Livestock Indemnity Progrm provides csh ssistnce to livestock producers for the deths of wide vriety of livestock tht re produced or mintined for commercil use, rnging from cttle, poultry, nd swine to lpcs nd reindeer, mong others. Producers who rise poultry nd swine under contrcts cn lso receive ssistnce. Deths must be in excess of norml mortlity for the niml nd hve been cused by dverse wether, including extreme het or cold nd other wether events. Deths resulting from drought re not covered. 15 Producers re pid 75 percent of the fir mrket vlue of the livestock. The Livestock Indemnity Progrm does not cover quculture. The Livestock Forge Disster Progrm provides csh ssistnce to livestock producers when their livestock re prevented from grzing becuse the lnd or psture they normlly grze on hs been ffected by drought. To be eligible, producers lnd must be physiclly locted in county ffected by qulifying drought during the norml grzing period, s determined by the U.S. Drought Monitor, joint federl-cdemic system for clssifying drought severity ccording to rnge of bnormlly dry to exceptionl drought, produced on weekly bsis. Pyment for drought-relted grzing losses is bsed on the severity of the drought nd the cost of feed. In ddition, the Livestock Forge Disster Progrm provides csh ssistnce to producers who hve been prevented from grzing on federlly mnged rngelnd becuse of fire when they normlly would hve been permitted to. Pyment for fire-relted grzing losses is clculted by multiplying 50 percent of the monthly feed cost by the number of dys the producer is prohibited from grzing, for up to 180 dys. ELAP provides csh ssistnce to eligible producers who hve losses from disese, dverse wether, or other conditions tht re not covered under SURE, the Livestock Indemnity Progrm, or the Livestock Forge Disster Progrm. FSA officils told us it is ctchll progrm ment to fill gps left by the other progrms. For exmple, ELAP hs covered livestock losses from wolf ttcks. According to the officils, livestock being killed by gry wolves tht 15 Becuse feed cn be purchsed or otherwise obtined in the event of drought, drought is not n eligible dverse wether event except when nthrx, resulting from drought, cuses the deth of eligible livestock. Pge 13

18 were recently reintroduced into the western United Sttes is firly common, nd producers cnnot hunt the wolves becuse they re protected species. In ddition, honeybee producers re eligible for ELAP if they hve colony or hive losses from dverse wether or other eligible loss conditions, including colony collpse disorder, n unexplined phenomenon in which, other thn live queen, there re no other or low number of dult honeybees present in hive. ELAP lso covers frm-rised fish feed losses nd deth losses of eligible frm-rised gme or sport fish for quculture producers nd livestock feed nd grzing losses tht result from nturl dissters other thn drought or fires on federlly mnged lnds. Depending on the type of loss, pyment mounts re clculted bsed on 75, 60, or 50 percent of the vlue of the loss. However, the frm bill limits the mount of ssistnce tht cn be pproved ech yer under the progrm to $50,000,000. FSA my prorte pyment mounts to reduce the totl expected pid out. Dmges to Lnd Two progrms cover dmges nd losses to lnd. FSA hs set ntionl minimum qulifying restortion cost of $1,000 for these progrms, lthough FSA stte-level offices re uthorized to set higher minimum. However, ccording to FSA officils, the ntionl qulifying minimum cost of restortion for Emergency Conservtion Progrm prticipnts who clim limited resource sttus is $250. These two progrms re s follows: The Emergency Forest Restortion Progrm is cost-reimbursement progrm tht provides pyments to owners of nonindustril privte forestlnd tht hs been dmged by nturl disster. The lnd must hve, or hd, tree cover immeditely before the nturl disster nd the dmges, if not ddressed, must be expected to impir or endnger the nturl resources on the lnd nd mterilly ffect its future use. The progrm is not limited to griculturl producers, but FSA officils told us tht mny of them prticipte in it. For exmple, producers hve used it to remove frm equipment nd debris tht nturl disster blew off their frmlnd into their djcent forestlnd. The Emergency Forest Restortion Progrm covers up to 75 percent of the qulifying cost to implement FSA-pproved prctices to repir dmge to nturl resources nd restore forest helth nd forestrelted resources on the lnd. The Emergency Conservtion Progrm generlly reimburses griculturl producers for up to 75 percent of the cost to rehbilitte frmlnd tht hs been severely dmged by nturl disster. Qulified limited resource producers my receive up to 90 percent. Lnd must be expected to hve nnul griculturl production, be Pge 14

19 used s windbrek or shelterbelt, or frm ccess rod. This includes grzing lnd for commercil livestock production, lnd used for producing griculturl commodities, nd privtely owned lnd used for commercil quculture; however, certin types of lnd, including stte-owned costl wters tht quculture producers lese, do not qulify. The Emergency Conservtion Progrm lso covers commercil orchrds, lnd used for continer-grown nursery stock, nd Christms tree frms but does not cover lnd used for timber production. Lnd tht is subject to frequent dmge or susceptible to severe dmge is lso excluded. FSA nd SBA Disster Lons Cover Production Losses, Physicl Dmges, nd Economic Losses FSA provides disster lons to smll griculturl producers tht hve experienced production losses or physicl losses, while SBA provides lons for smll businesses, smll griculturl coopertives, nd privte nonprofit orgniztions tht hve suffered substntil economic injury (tble 3). Officils from both gencies told us tht griculturl producers generlly pply for disster lons only when crop insurnce or csh ssistnce is insufficient or unvilble to cover their losses becuse, unlike lon, these other sources of disster ssistnce do not hve to be repid. Nonetheless, officils sid tht the lons re n importnt source of ssistnce for those producers who need them. As of July 11, 2012, USDA nnounced tht the interest rte for FSA s Emergency Lon, which is set by the Secretry of Agriculture, would decrese from 3.75 percent to 2.25 percent, which the gency sys will mke the rtes more comprble to other rtes in the mrket. Interest rtes for SBA s lons re set when the disster declrtion is mde but re cpped t 4 percent unless SBA determines tht the pplicnt cn obtin lon from commercil bnk. To prevent dupliction of benefits, the FSA nd SBA lon progrms require tht disster ssistnce funds received from other sources be deducted from the mount of n pplicnt s qulified lon mount. Pge 15

20 Tble 3: FSA nd SBA Disster Lon Progrms Progrm Provisions Covered losses FSA s Emergency Lon Progrm SBA s Economic Injury Disster Lon Progrm SBA s Physicl Disster Lon Progrm Provides up to $500,000 to help griculturl producers recover from production nd physicl losses from drought, flooding, other nturl dissters, or qurntine. Provides up to $2 million in working cpitl for dissterrelted needs until the business recovers. Provides up to $2 million for business to repir, rehbilitte, or replce dmged property, including rel estte, equipment, inventory, nd fixtures. Crops, livestock, equipment, nd other frm property Working cpitl for smll businesses, including smll quculture enterprises, smll nurseries ffected by drought disster declrtion, smll griculturl coopertives, nd businesses tht support griculture Businesses tht support griculture nd nongriculturl components of griculturl businesses (e.g., processing fcility) Sources: GAO review of federl disster lon progrm informtion provided by FSA nd SBA. The ggregte lon limit for economic injury nd physicl disster lons cnnot exceed the lesser of the uncompensted economic injury nd physicl loss or $2 million. The SBA Administrtor my increse the $2 million lon limit bsed on pproprite economic indictors for region. FSA nd SBA disster lons re bckup option for smll griculturl producers nd businesses tht do not qulify for commercil lons. However, pplicnts must still demonstrte tht they will be ble to repy the lons nd, with some exceptions, they must provide collterl. In ddition, ech of the lon progrms hs dditionl eligibility requirements. To qulify for n FSA Emergency Lon, quculture nd nursery producers must meet the fmily frm size criteri. In ddition, the producer must hve suffered t lest 30 percent loss in crop production, or ny mount of physicl loss to rel estte or frm property, such s equipment or livestock. The frm or rnch must be locted in declred disster county or qulifying nerby county. Smll quculture nd nursery producers re eligible for FSA Emergency Lons, provided tht they meet the generl progrm requirements. Smll quculture nd nursery producers re lso eligible for SBA s Economic Injury Disster Lons; however, other types of griculturl producers re not. Under SBA operting procedures, smll quculture producers whose businesses cn be clssified s quculture enterprises Pge 16

21 within the North Americn Industry Clssifiction System codes nd meet the generl lon requirements re eligible for Economic Injury Disster Lons. The North Americn Industry Clssifiction System is the stndrd used by Federl sttisticl gencies in clssifying business estblishments for the purpose of collecting, nlyzing, nd publishing sttisticl dt relted to the U.S. business economy. However, smll nursery producers re only eligible when they re ffected by drought dissters designted by the Secretry of Agriculture. Smll griculturl coopertives nd businesses tht support griculture, such s plnting nd niml breeding services, re lso eligible for Economic Injury Disster Lons. SBA s Physicl Disster Lons re not vilble to griculturl producers, including quculture nd, ccording to SBA officils, nurseries tht derive t lest hlf of their nnul income from producing nd selling nursery products. However, if n griculturl producer lso hs seprte component to the business, such s processing fcility, the seprte business my be eligible for ssistnce. Gps in Disster Assistnce Coverge Are Few There re few gps in the disster ssistnce vilble to most smll griculturl producers fter nturl disster occurs, ccording to our review of FSA nd SBA disster ssistnce progrms. The gencies csh ssistnce nd lon progrms supplement the ssistnce provided through the Federl Crop Insurnce Progrm nd NAP. In other cses, exclusions or limittions specified in one disster ssistnce progrm my be covered in nother disster ssistnce progrm. For exmple, crwfish, ctfish, or mny other quculture losses re covered by SURE but not other FSA disster ssistnce progrms becuse, s previously noted, these progrms specify tht benefits cnnot be duplicted. Similrly, exclusions nd limittions tht rise in some of the other FSA disster ssistnce progrms re often covered by nother disster ssistnce progrm. For exmple, griculturl producers whose frms re lrger thn fmily frms re not eligible for FSA s Emergency Lons but my still be ble to obtin ssistnce under one of FSA s csh ssistnce progrms, which do not hve similr size requirements. FSA nd SBA disster ssistnce progrms for griculturl producers do not cover ll disster scenrios, however. FSA officils stted tht FSA s disster ssistnce progrms generlly only cover losses resulting from nturl dissters. For exmple, ccording to FSA officils, FSA progrms generlly will not cover plnt nd niml diseses nd insect infesttions unless they were directly cused or excerbted by nturl disster. Officils told us tht dissters resulting from humn error or negligence, such s n oil spill or some wildfires, re lso not covered by FSA, Pge 17

22 lthough SBA s disster lons my cover some of these losses. In ddition, FSA s disster ssistnce progrms do not cover economic losses cused by decrese in demnd for product, even if the low demnd is linked to nturl disster. Likewise, ccording to SBA officils, SBA s disster ssistnce progrms do not cover such losses if the decrese in demnd is both temporry nd the result of declred disster. However, SBA officils sid tht if drought decreses demnd for nursery producer s stock becuse consumers do not wnt to purchse plnts when wter is scrce, the lost working cpitl necessry to py recurring expenses tht the business could hve generted hd the disster not occurred is n eligible loss. Furthermore, severl of FSA s disster ssistnce progrms require tht griculturl producers experience minimum level of losses nd, ccording to FSA officils, prctice stndrd frm mngement prctices to qulify for ssistnce. For exmple, the Livestock Indemnity Progrm does not cover poultry deths when dverse wether cuses equipment, such s cooling fns for poultry houses, to fil, nd the producer did not follow certin mngement prctices, such s hving bckup electricl genertors in plce. However, both FSA nd SBA hve other lon progrms tht griculturl producers cn use when they do not qulify for disster ssistnce nd wnt to restore their opertions. Producers cn use FSA s Operting Lons to cover frm operting expenses, including frm supplies such s seeds nd equipment, to mke repirs, nd to mke essentil purchses such s livestock nd feed. SBA s 7() Lon Gurnty Progrm is vilble to smll griculturl producers to purchse lnd, inventory, nd supplies, nd provide working cpitl, mong other things. 16 FSA progrms prohibit pyment dupliction, preventing producers from receiving multiple pyments for the sme or similr losses. However, these nondupliction cluses do not prevent producers from enrolling in multiple progrms to cover their losses. According to FSA officils, in the event of mjor dissters, such s hurricnes nd torndoes, producers my obtin ssistnce through more thn one of the eight FSA progrms to ddress ll of their dmges (see tbles 1 through 3 for informtion on progrm purposes nd covered losses). 16 SBA s 7() lon progrm gurntees lons mde by commercil lenders mostly bnks to smll businesses for working cpitl nd other generl business purposes. Pge 18

23 Awreness nd Eligibility Issues Limit Smll Aquculture nd Nursery Producers Prticiption in Disster Assistnce Progrms Three min fctors my limit smll quculture nd nursery producers prticiption in the 6 of the 10 disster ssistnce progrms for which they could be eligible. First, mny producers did not pply for the ssistnce becuse they were not wre of these progrms. Second, some producers did not pply for it becuse they sought relief through other options, such s other federl grnts nd privte lons. Third, some producers pplied but did not qulify becuse they did not meet certin progrm requirements. Tble 4 shows the six disster ssistnce progrms four csh ssistnce nd two lon progrms tht smll quculture nd nursery producers could pply for. Tble 4: Disster Assistnce Progrms Tht Cover Aquculture nd Nursery Losses Progrm Aquculture Nursery FSA SURE X X FSA TAP X FSA ELAP X FSA Emergency Conservtion Progrm X X FSA Emergency Lon Progrm X X SBA Economic Injury Disster Lon Progrm X X Sources: GAO review of disster ssistnce progrms. Smll Producers Do Not Apply Primrily Becuse They Are Not Awre Tht Assistnce Is Avilble Mny smll quculture producers nd some smll nursery producers did not pply for disster ssistnce becuse they were not wre of FSA s or SBA s progrms, ccording to quculture nd nursery industry representtives nd FSA nd SBA officils we interviewed. According to most stte-level quculture industry representtives nd, to lesser extent, nursery industry representtives, quculture nd nursery producers in their sttes were generlly not wre of FSA s or SBA s disster ssistnce progrms or tht they could be eligible for finncil ssistnce through these progrms. For exmple, representtive of stte-level quculture ssocition sid its members were either not wre they could be eligible for, or were misinformed bout, FSA disster ssistnce progrms nd did not use SBA progrms. Severl FSA nd SBA officils told us tht both smll quculture nd nursery producers fll outside of their usul customer bses nd my not be wre of their disster ssistnce progrms. In generl, these producers do not hve pst or current reltionship with FSA or SBA. However, in two sttes where quculture producers lso grow other crops nd prticipte in other FSA progrms, FSA officils sid these producers were more likely Pge 19

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