Why It Matters

Congress faces a critical timing problem with disaster relief for agricultural land, according to a recent CRS report updated in July. The three federal programs designed to help farmers and landowners recover from natural disasters, namely the Emergency Crop Rehabilitation (ECP) Program, the Emergency Forest Recovery Program (EFRP), and the Emergency Watershed Protection (EWP) Program, depend entirely on supplemental appropriations that rarely arrive when disasters strike.

The funding gap is stark. The Emergency Watershed Protection Program received nothing in fiscal years 2020 and 2021, then jumped to $925 million in fiscal 2023 before dropping to $920 million in fiscal 2025. As of the report's publication, the program has received $0 in fiscal 2026. This volatility mirrors a deeper structural problem. Congress typically appropriates disaster funds only after disasters occur, but by then, demand for assistance is already overwhelming.

The inconsistent timing of funding can leave programs without money to meet demand during high-volume disaster periods. For agricultural producers, timing matters. ECP and EFRP recipients must use funds within 180 days of disbursement, and a GAO report from October 2021 confirmed the timing mismatch problem for EWP.

The stakes extend beyond rural areas. The Emergency Watershed Protection Program's floodplain easement and recovery buyout programs are increasingly being deployed in urban and suburban areas, not just on traditional farmland. NRCS reported 1,738 closed easements covering nearly 200,000 acres as of April. That footprint is growing, and without reliable funding mechanisms, the government cannot guarantee it can respond quickly to the next major disaster.

Converting these programs to mandatory funding would require offsets under current budget rules. That would require budget offsets under current rules, a politically complicated move.

The Big Picture

The Emergency Watershed Protection Program addresses runoff, erosion, and imminent hazards to life and property and covers private, state, tribal, and federal land. Its floodplain easement component purchases permanent easements and restores floodplains to natural function. The recovery buyout program purchases flood-prone properties and preserves them as open space. These are the only two mitigation tools available in the emergency agricultural land rehabilitation space.

Congress created permanently authorized, mandatory-funded disaster programs for crop and livestock production losses starting with the 2008 farm bill and continuing into the 2014 farm bill. Instead, they remain dependent on Congress acting after each major event, often with language restricting funds to specific disaster events or years. Such restrictions can leave other disaster-affected areas unfunded even if money remains in the account.

The Infrastructure Investment and Jobs Act provided the Emergency Watershed Protection Program $300 million, while the Bipartisan Budget Act of 2018 gave it $541 million for Hurricanes Harvey, Irma, and Maria.

The Bottom Line

Congress is working on a new farm bill (H.R. 7567, Farm, Food, and National Security Act of 2026) that would extend and modify numerous agricultural conservation and disaster programs.

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