7 U.S.C. § 9081
In this section:
The term "covered producer" means an eligible producer on a farm that is-
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.
An individual or entity referred to in subparagraph (A) is-
The term "farm-raised fish" means any aquatic species that is propagated and reared in a controlled environment.
The term "livestock" includes-
The term "Secretary" means the Secretary of Agriculture.
For fiscal year 2012 and each succeeding fiscal year, 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, sold livestock for a reduced sale price, or both as determined by the Secretary, due to-
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 affected livestock, as determined by the Secretary, on, as applicable-
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 8306(d) of this title.
A payment made under paragraph (1) to an eligible producer on a farm that sold livestock for a reduced sale price shall-
In this subsection:
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-
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.
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.
The term "eligible livestock producer" means an eligible producer on a farm that-
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.
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.
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).
For fiscal year 2012 and each succeeding fiscal year, 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-
An eligible livestock producer may receive assistance under this subsection only for grazing losses for covered livestock that occur on land that-
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.).
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-
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).
The monthly feed cost shall equal the product obtained by multiplying-
For purposes of clause (i)(II), the feed grain equivalent shall equal-
For purposes of clause (i)(III), the corn price per pound shall equal the quotient obtained by dividing-
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.
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.
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).
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-
An eligible livestock producer may receive assistance under this paragraph only if-
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).
Subject to clause (ii), an eligible livestock producer shall be eligible to receive assistance under this paragraph for the period-
An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year.
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.
For fiscal year 2012 and each succeeding fiscal year, the Secretary shall use 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 (including cattle tick fever), adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b) or (c).
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, including inspections of cattle tick fever.
Any funds made available under this subsection shall remain available until expended.
In the case of a covered producer that is eligible to receive assistance under this subsection, the Secretary shall provide reimbursement of 90 percent of the cost of losses described in paragraph (1) or (2).
In this subsection:
The term "eligible orchardist" means a person that produces annual crops from trees for commercial purposes.
The term "natural disaster" means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary.
The term "nursery tree grower" means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary.
The term "tree" includes a tree, bush, and vine.
Subject to subparagraph (B), for fiscal year 2012 and each succeeding fiscal year, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance-
An eligible orchardist or nursery tree grower shall qualify for assistance under subparagraph (A) only if the tree mortality of the eligible orchardist or nursery tree grower, as a result of damaging weather or related condition, exceeds 15 percent (adjusted for normal mortality).
Subject to paragraphs (4) and (5), the assistance provided by the Secretary to eligible orchardists and nursery tree growers for losses described in paragraph (2) shall consist of-
In this paragraph, 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)).
The total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive payments under this subsection may not exceed 1,000 acres.
Subject to paragraph (4), in the case of a beginning farmer or rancher or a veteran farmer or rancher (as those terms are defined in subsection (a) of section 2279 of this title) that is eligible to receive assistance under this subsection, the Secretary shall provide reimbursement of 75 percent of the costs under subparagraphs (A)(i) and (B) of paragraph (3).
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)).
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 subsection (c) may not exceed $125,000 for any crop year.
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.
7 U.S.C. § 9081
EDITORIAL NOTES
REFERENCES IN TEXTThe Food Security Act of 1985, referred to in subsec. (c)(3)(A)(ii), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354. Subchapter B of chapter 1 of subtitle D of title XII is classified generally to subpart B (§3831 et seq.) of part I of subchapter IV of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables.
AMENDMENTS2018-Subsec. (a)(1). Pub. L. 115-334, §12306(h)(1)(B), added par. (1). Former par. (1) redesignated (2).Subsec. (a)(1)(B)(iii) to (v). Pub. L. 115-334, §1501(a), added cl. (iii) and redesignated former cls. (iii) and (iv) as (iv) and (v), respectively.Subsec. (a)(2) to (5). Pub. L. 115-334, §12306(h)(1)(A), redesignated pars. (1) to (4) as (2) to (5), respectively.Subsec. (b)(1). Pub. L. 115-123, §20101(a)(1), inserted "sold livestock for a reduced sale price, or both" after "normal mortality," in introductory provisions.Subsec. (b)(1)(B). Pub. L. 115-334, §1501(b)(1)(B), substituted "cold, on the condition that in the case of the death loss of unweaned livestock due to that adverse weather, the Secretary may disregard any management practice, vaccination protocol, or lack of vaccination by the eligible producer on a farm; or" for "cold."Subsec. (b)(1)(C). Pub. L. 115-334, §1501(b)(1)(A), (C), added subpar. (C).Subsec. (b)(2). Pub. L. 115-123, §20101(a)(2), substituted "affected livestock, as determined by the Secretary, on, as applicable-" for "applicable livestock on the day before the date of death of the livestock, as determined by the Secretary." and added subpars. (A) and (B).Subsec. (b)(4). Pub. L. 115-334, §1501(b)(2), inserted heading. Pub. L. 115-123, §20101(a)(3), added par. (4).Subsec. (d)(1). Pub. L. 115-123, §20101(b), struck out "not more than $20,000,000 of" before "the funds of the Commodity Credit Corporation". Subsec. (d)(2). Pub. L. 115-334, §1501(c)(1), inserted ",including inspections of cattle tick fever" before period at end.Subsec. (d)(4). Pub. L. 115-334, §12306(h)(2), added par. (4).Subsec. (e)(3). Pub. L. 115-334, §1501(d)(1), substituted "paragraphs (4) and (5)" for "paragraph (4)" in introductory provisions.Subsec. (e)(4)(B), (C). Pub. L. 115-123, §20101(c), (d) (1), substituted "1,000 acres" for "500 acres" in subpar. (C), redesignated subpar. (C) as (B), and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: "The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this subsection may not exceed $125,000 for any crop year, or an equivalent value in tree seedlings."Subsec. (e)(5). Pub. L. 115-334, §1501(d)(2), added par. (5).Subsec. (f)(2). Pub. L. 115-334, §1501(e), substituted "subsection (c)" for "this section (excluding payments received under subsections (b) and (e))". Pub. L. 115-123, §20101(d)(2), substituted "subsections (b) and (e)" for "subsection (e)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115-334, title I, §1501(c)(2), Dec. 20, 2018, 132 Stat. 4522, provided that: "The amendment made by paragraph (1) [amending this section] shall apply to inspections of cattle tick fever conducted on or after the date of enactment of this Act [Dec. 20, 2018]." Pub. L. 115-123, div. B, title I, §20101(e), Feb. 9, 2018, 132 Stat. 69, provided that: "Section 1501 of the Agricultural Act of 2014 (7 U.S.C. 9081), as amended by this section, shall apply with respect to losses described in such section 1501 incurred on or after January 1, 2017."