Livestock Disaster Protection Act - Amends the Federal Crop Insurance Act to make FY2012-FY2018 livestock indemnity payments (at 75% of market value) to eligible producers on farms that have incurred livestock death losses in excess of the normal mortality due to: (1) attacks by animals reintroduced into the wild by the federal government or protected by federal law, including wolves and avian predators; or (2) adverse weather, including losses due to hurricanes, floods, blizzards, extreme heat, disease, or wildfires.
Provides FY2012-FY2018 compensation for losses to eligible livestock producers for livestock grazing losses due to specified drought or fire circumstances. Excludes from coverage grazing losses on conservation reserve program land used for haying or grazing.
Provides FY2012-FY2018 emergency relief to eligible producers of livestock, honeybees, and farm-raised fish to reduce losses due to disease, adverse weather, or other conditions, such as blizzards and wildfires.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1607 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1607
To amend the Federal Crop Insurance Act to extend certain supplemental
agricultural disaster assistance programs to cover fiscal years 2012
through 2018, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2013
Mrs. Noem (for herself and Mr. Terry) introduced the following bill;
which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Federal Crop Insurance Act to extend certain supplemental
agricultural disaster assistance programs to cover fiscal years 2012
through 2018, 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 ``Livestock Disaster Protection Act''.
SEC. 2. EXTENSION OF CERTAIN SUPPLEMENTAL AGRICULTURAL DISASTER
ASSISTANCE PROGRAMS WITH NEW FUNDING MECHANISM.
Section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) is
amended to read as follows:
``SEC. 531. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Eligible producer on a farm.--
``(A) In general.--The term `eligible producer on a
farm' means an individual or entity described in
subparagraph (B) that, as determined by the Secretary,
assumes the production and market risks associated with
the agricultural production of crops or livestock.
``(B) Description.--An individual or entity
referred to in subparagraph (A) is--
``(i) a citizen of the United States;
``(ii) a resident alien;
``(iii) a partnership of citizens of the
United States; or
``(iv) a corporation, limited liability
corporation, or other farm organizational
structure organized under State law.
``(2) Farm.--
``(A) In general.--The term `farm' means, in
relation to an eligible producer on a farm, the crop
acreage in all counties that is planted or intended to
be planted for harvest for sale or on-farm livestock
feeding (including native grassland intended for
haying) by the eligible producer.
``(B) Aquaculture.--In the case of aquaculture, the
term `farm' means, in relation to an eligible producer
on a farm, all fish being produced in all counties that
are intended to be harvested for sale by the eligible
producer.
``(C) Honey.--In the case of honey, the term `farm'
means, in relation to an eligible producer on a farm,
all bees and beehives in all counties that are intended
to be harvested for a honey crop for sale by the
eligible producer.
``(3) Farm-raised fish.--The term `farm-raised fish' means
any aquatic species that is propagated and reared in a
controlled environment.
``(4) Livestock.--The term `livestock' includes--
``(A) cattle (including dairy cattle);
``(B) bison;
``(C) poultry;
``(D) sheep;
``(E) swine;
``(F) horses; and
``(G) other livestock, as determined by the
Secretary.
``(b) Livestock Indemnity Payments.--
``(1) Payments.--For the period specified in subsection
(f), the Secretary shall use such sums as are necessary of the
funds of the Commodity Credit Corporation to make livestock
indemnity payments to eligible producers on farms that have
incurred livestock death losses in excess of the normal
mortality, as determined by the Secretary, due to--
``(A) attacks by animals reintroduced into the wild
by the Federal Government or protected by Federal law,
including wolves and avian predators; or
``(B) adverse weather, as determined by the
Secretary, during the calendar year, including losses
due to hurricanes, floods, blizzards, disease,
wildfires, extreme heat, and extreme cold.
``(2) Payment rates.--Indemnity payments to an eligible
producer on a farm under paragraph (1) shall be made at a rate
of 75 percent of the market value of the applicable livestock
on the day before the date of death of the livestock, as
determined by the Secretary.
``(3) Special rule for payments made due to disease.--The
Secretary shall ensure that payments made to an eligible
producer under paragraph (1) are not made for the same
livestock losses for which compensation is provided pursuant to
section 10407(d) of the Animal Health Protection Act (7 U.S.C.
8306(d)).
``(c) Livestock Forage Disaster Program.--
``(1) Definitions.--In this subsection:
``(A) Covered livestock.--
``(i) In general.--Except as provided in
clause (ii), the term `covered livestock' means
livestock of an eligible livestock producer
that, during the 60 days prior to the beginning
date of a qualifying drought or fire condition,
as determined by the Secretary, the eligible
livestock producer--
``(I) owned;
``(II) leased;
``(III) purchased;
``(IV) entered into a contract to
purchase;
``(V) is a contract grower; or
``(VI) sold or otherwise disposed
of due to qualifying drought conditions
during--
``(aa) the current
production year; or
``(bb) subject to paragraph
(3)(B)(ii), 1 or both of the 2
production years immediately
preceding the current
production year.
``(ii) Exclusion.--The term `covered
livestock' does not include livestock that were
or would have been in a feedlot, on the
beginning date of the qualifying drought or
fire condition, as a part of the normal
business operation of the eligible livestock
producer, as determined by the Secretary.
``(B) Drought monitor.--The term `drought monitor'
means a system for classifying drought severity
according to a range of abnormally dry to exceptional
drought, as defined by the Secretary.
``(C) Eligible livestock producer.--
``(i) In general.--The term `eligible
livestock producer' means an eligible producer
on a farm that--
``(I) is an owner, cash or share
lessee, or contract grower of covered
livestock that provides the pastureland
or grazing land, including cash-leased
pastureland or grazing land, for the
livestock;
``(II) provides the pastureland or
grazing land for covered livestock,
including cash-leased pastureland or
grazing land that is physically located
in a county affected by drought;
``(III) certifies grazing loss; and
``(IV) meets all other eligibility
requirements established under this
subsection.
``(ii) Exclusion.--The term `eligible
livestock producer' does not include an owner,
cash or share lessee, or contract grower of
livestock that rents or leases pastureland or
grazing land owned by another person on a rate-
of-gain basis.
``(D) Normal carrying capacity.--The term `normal
carrying capacity', with respect to each type of
grazing land or pastureland in a county, means the
normal carrying capacity, as determined under paragraph
(3)(D)(i), that would be expected from the grazing land
or pastureland for livestock during the normal grazing
period, in the absence of a drought or fire that
diminishes the production of the grazing land or
pastureland.
``(E) Normal grazing period.--The term `normal
grazing period', with respect to a county, means the
normal grazing period during the calendar year for the
county, as determined under paragraph (3)(D)(i).
``(2) Program.--For the period specified in subsection (f),
the Secretary shall use such sums as are necessary of the funds
of the Commodity Credit Corporation to provide compensation for
losses to eligible livestock producers due to grazing losses
for covered livestock due to--
``(A) a drought condition, as described in
paragraph (3); or
``(B) fire, as described in paragraph (4).
``(3) Assistance for losses due to drought conditions.--
``(A) Eligible losses.--
``(i) In general.--An eligible livestock
producer may receive assistance under this
subsection only for grazing losses for covered
livestock that occur on land that--
``(I) is native or improved
pastureland with permanent vegetative
cover; or
``(II) is planted to a crop planted
specifically for the purpose of
providing grazing for covered
livestock.
``(ii) Exclusions.--An eligible livestock
producer may not receive assistance under this
subsection for grazing losses that occur on
land used for haying or grazing under the
conservation reserve program established under
subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16
U.S.C. 3831 et seq.).
``(B) Monthly payment rate.--
``(i) In general.--Except as provided in
clause (ii), the payment rate for assistance
under this paragraph for 1 month shall, in the
case of drought, be equal to 60 percent of the
lesser of--
``(I) the monthly feed cost for all
covered livestock owned or leased by
the eligible livestock producer, as
determined under subparagraph (C); or
``(II) the monthly feed cost
calculated by using the normal carrying
capacity of the eligible grazing land
of the eligible livestock producer.
``(ii) Partial compensation.--In the case
of an eligible livestock producer that sold or
otherwise disposed of covered livestock due to
drought conditions in 1 or both of the 2
production years immediately preceding the
current production year, as determined by the
Secretary, the payment rate shall be 80 percent
of the payment rate otherwise calculated in
accordance with clause (i).
``(C) Monthly feed cost.--
``(i) In general.--The monthly feed cost
shall equal the product obtained by
multiplying--
``(I) 30 days;
``(II) a payment quantity that is
equal to the feed grain equivalent, as
determined under clause (ii); and
``(III) a payment rate that is
equal to the corn price per pound, as
determined under clause (iii).
``(ii) Feed grain equivalent.--For purposes
of clause (i)(II), the feed grain equivalent
shall equal--
``(I) in the case of an adult beef
cow, 15.7 pounds of corn per day; or
``(II) in the case of any other
type of weight of livestock, an amount
determined by the Secretary that
represents the average number of pounds
of corn per day necessary to feed the
livestock.
``(iii) Corn price per pound.--For purposes
of clause (i)(III), the corn price per pound
shall equal the quotient obtained by dividing--
``(I) the higher of--
``(aa) the national average
corn price per bushel for the
12-month period immediately
preceding March 1 of the year
for which the disaster
assistance is calculated; or
``(bb) the national average
corn price per bushel for the
24-month period immediately
preceding that March 1; by
``(II) 56.
``(D) Normal grazing period and drought monitor
intensity.--
``(i) FSA county committee
determinations.--
``(I) In general.--The Secretary
shall determine the normal carrying
capacity and normal grazing period for
each type of grazing land or
pastureland in the county served by the
applicable committee.
``(II) Changes.--No change to the
normal carrying capacity or normal
grazing period established for a county
under subclause (I) shall be made
unless the change is requested by the
appropriate State and county Farm
Service Agency committees.
``(ii) Drought intensity.--
``(I) D2.--An eligible livestock
producer that owns or leases grazing
land or pastureland that is physically
located in a county that is rated by
the U.S. Drought Monitor as having a D2
(severe drought) intensity in any area
of the county for at least 8
consecutive weeks during the normal
grazing period for the county, as
determined by the Secretary, shall be
eligible to receive assistance under
this paragraph in an amount equal to 1
monthly payment using the monthly
payment rate determined under
subparagraph (B).
``(II) D3.--An eligible livestock
producer that owns or leases grazing
land or pastureland that is physically
located in a county that is rated by
the U.S. Drought Monitor as having at
least a D3 (extreme drought) intensity
in any area of the county at any time
during the normal grazing period for
the county, as determined by the
Secretary, shall be eligible to receive
assistance under this paragraph--
``(aa) in an amount equal
to 2 monthly payments using the
monthly payment rate determined
under subparagraph (B); or
``(bb) if the county is
rated as having a D3 (extreme
drought) intensity in any area
of the county for at least 4
weeks during the normal grazing
period for the county, or is
rated as having a D4
(exceptional drought) intensity
in any area of the county at
any time during the normal
grazing period, in an amount
equal to 3 monthly payments
using the monthly payment rate
determined under subparagraph
(B).
``(4) Assistance for losses due to fire on public managed
land.--
``(A) In general.--An eligible livestock producer
may receive assistance under this paragraph only if--
``(i) the grazing losses occur on rangeland
that is managed by a Federal agency; and
``(ii) the eligible livestock producer is
prohibited by the Federal agency from grazing
the normal permitted livestock on the managed
rangeland due to a fire.
``(B) Payment rate.--The payment rate for
assistance under this paragraph shall be equal to 50
percent of the monthly feed cost for the total number
of livestock covered by the Federal lease of the
eligible livestock producer, as determined under
paragraph (3)(C).
``(C) Payment duration.--
``(i) In general.--Subject to clause (ii),
an eligible livestock producer shall be
eligible to receive assistance under this
paragraph for the period--
``(I) beginning on the date on
which the Federal agency excludes the
eligible livestock producer from using
the managed rangeland for grazing; and
``(II) ending on the last day of
the Federal lease of the eligible
livestock producer.
``(ii) Limitation.--An eligible livestock
producer may only receive assistance under this
paragraph for losses that occur on not more
than 180 days per year.
``(5) No duplicative payments.--
``(A) In general.--An eligible livestock producer
may elect to receive assistance for grazing or pasture
feed losses due to drought conditions under paragraph
(3) or fire under paragraph (4), but not both for the
same loss, as determined by the Secretary.
``(B) Relationship to other assistance.--An
eligible livestock producer that receives assistance
under this subsection may not also receive assistance
for losses to crops on the same land with the same
intended use.
``(d) Emergency Assistance for Livestock, Honey Bees, and Farm-
Raised Fish.--
``(1) In general.--For each fiscal year of the period
specified in subsection (f), the Secretary shall use not more
than $20,000,000 of the funds of the Commodity Credit
Corporation to provide emergency relief to eligible producers
of livestock, honey bees, and farm-raised fish to aid in the
reduction of losses due to disease, adverse weather, or other
conditions, such as blizzards and wildfires, as determined by
the Secretary, that are not covered under subsection (b) or
(c).
``(2) Use of funds.--Funds made available under this
subsection shall be used to reduce losses caused by feed or
water shortages, disease, or other factors as determined by the
Secretary.
``(3) Availability of funds.--Any funds made available
under this subsection shall remain available until expended.
``(e) Payment Limitations.--
``(1) Definitions of legal entity and person.--In this
subsection, the terms `legal entity' and `person' have the
meaning given those terms in section 1001(a) of the Food
Security Act of 1985 (7 U.S.C. 1308(a) (as amended by section
1603 of the Food, Conservation, and Energy Act of 2008)).
``(2) Amount.--The total amount of disaster assistance
payments received, directly or indirectly, by a person or legal
entity (excluding a joint venture or general partnership) under
this section may not exceed $100,000 for any crop year.
``(3) Direct attribution.--Subsections (e) and (f) of
section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308)
or any successor provisions relating to direct attribution
shall apply with respect to assistance provided under this
section.
``(f) Effective Period; Retroactive Effectiveness.--This section
shall take effect as of October 1, 2011, and apply to losses described
in subsections (b), (c), and (d) that are incurred during the seven-
fiscal-year period beginning on that date and ending on September 30,
2018.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on General Farm Commodities and Risk Management.
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