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May 7, 2020


Wildfires and Hurricanes Indemnity Program (WHIP)


The U.S. Department of Agriculture (USDA) administers a
suite of programs that assists farmers and ranchers with
recovering from a natural disaster. Most of these programs
are permanently authorized and receive funding from
mandatory sources. In recent years, Congress has
supplemented these programs with additional assistance,
often referred to as ad hoc assistance. In 2018, USDA
created the Wildfires and Hurricanes Indemnity Program
(WHIP) to implement the bulk of this ad hoc assistance.
USDA has implemented two versions of WHIP along with
multiple subprograms and block grants to states. This In
Focus provides an overview of WHIP and its components.
For an overview of all USDA disaster assistance programs,
see CRS Report RS21212, Agricultural Disaster
Assistance.


Following an active hurricane and wildfire season in 2017,
the Bipartisan Budget Act of 2018 (BBA 2018, P.L. 115-
123) authorized $2.36 billion for agricultural production
losses. The BBA 2018 funding is limited to crop, tree, bush,
and vine losses from a wildfire or hurricane occurring in
2017. USDA announced that the bulk of the BBA 2018
funding would be applied to the creation of a new
supplemental program-WHIP (referred to as 2017 WHIP).
USDA also used $340 million for a block grant to the State
of Florida to assist the citrus industry.
Additional production loss occurred in 2018 and 2019
following prolonged flooding, hurricanes, wildfires, and
other natural disasters across the country. Congress
authorized over $3 billion in supplemental funding to cover
these losses in P.L. 116-20 (FY2019 supplemental). USDA
announced the majority of the FY2019 supplemental
appropriation funding as an expanded version of WHIP,
referred to as WHIP+. The FY2019 supplemental also
required payments for additional losses not previously
covered, including crops that were prevented from being
planted in 2019, on-farm stored commodities, and milk
losses. The FY2019 supplemental appropriation authorized,
and USDA made available, block grants to select states to
cover livestock, poultry, and forestry losses.
Pursuant to BBA 2018, funding for 2017 WHIP expired on
December 31, 2019. Prior to its expiration, approximately
60% of funds were unobligated. On December 20, 2020, the
FY2020 Further Consolidated Appropriation Act (P.L. 116-
94, Division B, §791) repurposed $1.5 billion of those
funds to WHIP+, expanded eligibility, and added program
requirements.

2017 WHmP
The 2017 WHIP program made payments to farmers and
ranchers with crop, tree, bush, and vine losses from a
wildfire or hurricane occurring in 2017. Payments to


producers varied depending on whether they had purchased
policies under the federal crop insurance program (crop
insurance) or the Noninsured Crop Disaster Assistance
Program (NAP). These subsidized crop insurance policies
indemnify yield, revenue, or margin losses on more than
100 eligible crops. NAP offers a minimum level of
coverage for reduced yields and losses on crops not eligible
for crop insurance. For full eligibility, both crop insurance
and NAP must be purchased prior to a natural disaster.
Under 2017 WHIP, producers who purchased a crop
insurance or a NAP policy could receive payments for
70%-95% of the expected value of the crop depending on
the level of coverage purchased. For producers who did not
purchase a policy in advance of the natural disaster,
payments were limited to 65% of expected value of the
crop. All payments were reduced by the value of the crop
harvested, if any, and any insurance indemnity paid through
crop insurance or NAP. All participants were required to
purchase crop insurance or NAP for the next two crop
years.
Payments under 2017 WHIP were limited to $125,000 per
person or legal entity if less than 75% of the participant's
adjusted gross income (AGI) was from farming. If more
than 75% of the participant's AGI was from farming, then
payments were limited to a maximum of $900,000 per
person or legal entity.

W H N,
USDA implemented the FY2019 supplemental as WHIP+,
similar to 2017 WHIP. The FY2019 supplemental
appropriation expanded covered losses for crops, trees,
bushes, and vines in 2018 and 2019 as well as eligible
natural disasters, including Hurricanes Michael or Florence,
other hurricanes, floods, tornadoes, typhoons, volcanic
activity, snowstorms, and wildfires. The FY2020
appropriation further expanded WHIP+ to include reduced
crop quality and losses from drought and excessive
moisture.
Payments for WHIP+ are based on several factors,
including (1) the expected value of the crop, (2) the level of
insurance or NAP coverage, (3) a WHIP+ payment factor,
(4) the value of the crop harvested, and (5) insurance
payments received. Payment calculations vary based on the
level of production loss; market value of crop loss; and
physical tree, bush, and vine loss or damage. Producers who
purchased crop insurance or NAP are eligible for payments
of 75%-95% of the expected value of the crop depending on
the level of coverage purchased. Payments for producers
who did not purchase a crop insurance or NAP policy are
limited to 70% of the expected value of the crop. Similar to
2017 WHIP, all WHIP+ participants are required to
purchase crop insurance or NAP for the next two crop
years.


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