What Growers Can Do Now
Growers impacted by the ongoing winter storm are urged to take immediate action to protect their eligibility for federal assistance programs and to understand available flexibilities and obligations under the H-2A program.
It is critical that growers:
- Take clear photos and videos of damage as it occurs.
- Contact their crop insurance agent immediately and continue working with them as the storm progresses to quantify losses.
- Contact their local FSA office right away to begin the application process for the Tree Assistance Program (TAP) and/or Emergency Conservation Program.
Crop Insurance
If you have crop insurance or Noninsured Crop Disaster Assistance Program (NAP) coverage, report losses to your crop insurance agent or local Farm Service Agency (FSA) office within 72 hours of discovering damage and follow up in writing within 15 days.
Key USDA Assistance Programs
- Tree Assistance Program (TAP) – for damaged or destroyed bushes.
- Emergency Conservation Program (ECP) – for land recovery and restoration.
Producers should document all losses (photos, videos, written records) and contact their local USDA Service Center as soon as possible.
H-2A Considerations
Growers participating in the H-2A program should be aware that the regulations (20 CFR § 655.122(o)) allow an employer to be relieved of H-2A obligations when fulfillment becomes impossible due to reasons beyond the employer’s control. Severe weather events are typically evaluated by DOL under this contract impossibility standard.
If DOL determines that a contract impossibility applies, the H-2A contract may be terminated as of the date work became impossible. In these cases, the three-fourths guarantee applies only to the period during which the contract was active.
Employers are still required to either make reasonable efforts to transfer the worker to another certified H-2A employer, or if no transfer is available, cover the cost of return transportation and subsistence to the worker’s home country.
Growers are strongly encouraged to document storm impacts, retain all communications and consult with their H-2A agent or legal counsel as soon as possible to ensure compliance and timely notification to DOL.
What the NABC Is Doing
NABC will be meeting with USDA in the coming days to ensure the department implements all available flexibilities within existing programs, so growers receive timely and adequate assistance.
NABC is also actively communicating with members of Congress to ensure the full scope of losses is understood and intensifying our advocacy for Congress to deliver additional economic assistance through a supplemental aid package this spring.
We are hearing directly from our members and seeing devastating impacts across affected regions, and we are communicating those impacts – and the urgency of action – to both USDA and Congress.
If you encounter any challenges accessing USDA-FSA programs, please contact Alyssa Houtby, senior director of government affairs and public policy, at ahoutby@nabcblues.org.