U.S. Department of Agriculture, Farm Service Agency: Supplemental Disaster Relief Program (SDRP) Stage 1

B-338075

February 18, 2026

The Honorable John Boozman
Chairman
The Honorable Amy Klobuchar
Ranking Member
Committee on Agriculture, Nutrition, and Forestry
United States Senate

The Honorable Glenn Thompson
Chairman
The Honorable Angie Craig
Ranking Member
Committee on Agriculture
House of Representatives

Subject: U.S. Department of Agriculture, Farm Service Agency: Supplemental Disaster Relief Program (SDRP) Stage 1

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the U.S. Department of Agriculture (USDA), Farm Service Agency (FSA) entitled “Supplemental Disaster Relief Program (SDRP) Stage 1” (RIN: 0560-AI71). We received the rule on February 3, 2026. It was published in the Federal Register on July 10, 2025. 90 Fed. Reg. 30561. The effective date of the rule is July 10, 2025.

According to FSA, this rule announces the Supplemental Disaster Relief Program (SDRP), which provides assistance to eligible producers for losses to crops, trees, bushes, and vines due to wildfires, hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, qualifying drought, and related conditions occurring in calendar years 2023 and 2024. FSA stated that SDRP assistance will be provided in two stages, referred to as Stage 1 and Stage 2, and this rule provides the eligibility requirements, application process, and payment calculations for SDRP Stage 1 only, which will provide payments for eligible crop, tree, and vine losses calculated using data already on file with USDA from previously issued federal crop insurance indemnities and Noninsured Crop Disaster Assistance Program payments.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date does not apply, however, if the agency finds for good cause that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, and the agency incorporates the finding and a brief statement of its reasons in the rule. 5 U.S.C. § 808(2). USDA invoked the good cause exception, stating that the beneficiaries of the rule had been impacted by disaster events in calendar years 2023 and 2024, and this assistance is necessary to support the continued operation of crop producers who have suffered severe losses that impact their ability to sustain their operations and continue farming. See 90 Fed. Reg. at 30567. To mitigate further adverse impacts on affected producers for losses due to these disaster events, USDA found that notice and public procedure were contrary to the public interest. Id.

Enclosed is our assessment of FSA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact me at (202) 512-8156

Shirley A. Jones
Managing Associate General Counsel

Enclosure

cc: William Beam
Administrator
Farm Service Agency

ENCLOSURE

REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
U.S. DEPARTMENT OF AGRICULTURE,
FARM SERVICE AGENCY
ENTITLED
“SUPPLEMENTAL DISASTER RELIEF PROGRAM (SDRP) STAGE 1”
(RIN: 0560-AI71)

(i) Cost-benefit analysis

The U.S. Department of Agriculture (USDA), Farm Service Agency (FSA) prepared an analysis of the costs and benefits of this rule. 90 Fed. Reg. 30561, 30567–68 (July 10, 2025). FSA stated that it would be using $16.09 billion appropriated by the American Relief Act, 2025, Public Law 118-158, 138 Stat. 1722 (Dec. 21, 2024), to implement the Supplemental Disaster Relief Program (SDRP), with SDRP Stage 1, the focus of this rule, accounting for 72 percent of total estimated gross payments. Id. at 30561, 30567–68.

(ii) Agency actions relevant to the Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 603–605, 607, and 609

FSA stated that this rule is exempt from the regulatory analysis requirements of the Act because those requirements apply when a notice of proposed rulemaking is required, and this rule is exempt from the Administrative Procedure Act (APA) requirement to publish a notice of proposed rulemaking because it relates to benefits. 90 Fed. Reg. at 30567.

(iii) Agency actions relevant to sections 202–205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. §§ 1532–1535

FSA determined that this rule will not have an effect on state, local, or tribal governments, in the aggregate, or on the private sector, of $100 million in 1995 dollars, updated annually for inflation, in any one year. 90 Fed. Reg. at 30568.

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

FSA stated that APA's notice-and-comment and delayed effective date requirements do not apply to certain rules involving specific types of actions, including matters related to benefits or contracts. 90 Fed. Reg. at 30567 (citing 5 U.S.C. § 553(a)(2)). FSA stated that this rule governs disaster assistance payments to agricultural producers and therefore falls within the benefits exemption. Id.

Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501–3520

FSA determined that this rule contains information collection requirements under the Act. 90 Fed. Reg. at 30568.

Statutory authorization for the rule

FSA promulgated this rule pursuant to: sections 4501 and 1531 of title 7, note to section 3801 of title 16, and section 2497 of title 19, United States Code; title III of Public Law 109-234, 120 Stat. 474; title IX of Public Law 110-28, 121 Stat. 211; section 748 of Public Law 111-80, 123 Stat. 2131; title I of Public Law 115-123, 132 Stat. 65; title I of Public Law 116-20, 133 Stat. 871; title VII of division B of Public Law 116-94, 133 Stat. 2658; title I of Public Law 117-43, 135 Stat. 356; title I of division N of Public Law 117-328, 136 Stat. 4459; and title I of division B of Public Law 118-158, 138 Stat. 1722.

Executive Order No. 12866 (Regulatory Planning and Review)

FSA stated that this rule is significant under the Order and was reviewed by the Office of Management and Budget. 90 Fed. Reg. at 30567.

Executive Order No. 13132 (Federalism)

FSA did not discuss the Order in this rule or in its submission to us.