Dairy Relief and Market Stabilization Act

Family Dairy Preservation Act of 2009 - Amends the Food, Conservation, and Energy Act of 2008 to increase milk income loss contract payments for the period March 1, 2009-November 30, 2009.

Directs the Secretary of Agriculture to: (1) determine the number of dairy cows to be removed from production to bring national milk supply and demand in line; and (2) contract with a producer association or other third party to encourage dairy producers to remove dairy cows from production.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3322 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3322

To respond to the current over-supply of milk by temporarily increasing 
   the payment rate for payments under the milk income loss contract 
program and by directing the Secretary of Agriculture to facilitate the 
  efforts of producer associations and other third parties to remove 
          dairy cows from production, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2009

   Mr. Murphy of New York (for himself and Mr. Tonko) introduced the 
   following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
To respond to the current over-supply of milk by temporarily increasing 
   the payment rate for payments under the milk income loss contract 
program and by directing the Secretary of Agriculture to facilitate the 
  efforts of producer associations and other third parties to remove 
          dairy cows from production, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dairy Relief and Market 
Stabilization Act''.

SEC. 2. TEMPORARY INCREASE IN PAYMENT RATE FOR MILK INCOME LOSS 
              CONTRACT PROGRAM.

    Section 1506(c)(3) of the Food, Conservation, and Energy Act of 
2008 (7 U.S.C. 8773(c)(3)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (E); 
        and
            (2) by striking subparagraph (B) and inserting the 
        following new subparagraphs:
                    ``(B) for the period beginning on October 1, 2008, 
                and ending on February 28, 2009, 45 percent;
                    ``(C) for the period beginning on March 1, 2009, 
                and ending on November 30, 2009, 90 percent; and
                    ``(D) for the period beginning on December 1, 2009, 
                and ending on August 31, 2012, 45 percent; and''.

SEC. 3. CONTRACTS TO REDUCE NUMBER OF DAIRY COWS IN PRODUCTION.

    (a) Contracts Required.--The Secretary of Agriculture shall use 
amounts in the fund established under section 32 of the Act of August 
24, 1935 (7 U.S.C. 612c), to enter into a contract with a producer 
association or other third party that has a program in operation to 
encourage dairy producers to remove dairy cows from production. Under 
the contract, the Secretary may pay all or a portion of the costs 
incurred by the party to compensate dairy producers for removing dairy 
cows from production.
    (b) Determination of Size of Needed Herd Reduction.--Not later than 
30 days after the date of the enactment of this Act, the Secretary 
shall determine the number of dairy cows that would be need to be 
removed from production nationwide to bring the national supply of milk 
in line with national demand.
    (c) Implementation.--The Secretary shall begin to enter into 
contracts under subsection (a) as soon as possible after making the 
determination under subsection (b).
    (d) Regulations.--The promulgation of any regulations to carry out 
this section shall be made without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the Paperwork Reduction Act).
    (e) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.
    (f) Duration of Contracts.--Any contract entered into under 
subsection (a) shall expire one year after the date of the enactment of 
this Act.
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