7 USC 9081 - Supplemental agricultural disaster assistance

U.S Code last checked for updates: Apr 28, 2024

§ 9081.

Supplemental agricultural disaster assistance

(a)

Definitions

In this section:

(1)

Covered producer

The term “covered producer” means an eligible producer on a farm that is—

(A)

as determined by the Secretary—

(i)

a beginning farmer or rancher;

(ii)

a socially disadvantaged farmer or rancher; or

(iii)

a limited resource farmer or rancher; or

(B)

a veteran farmer or rancher, as defined in section 2279(a) of this title.

(2)

Eligible producer on a farm

(A)

In general

(B)

Description

An individual or entity referred to in subparagraph (A) is—

(i)

a citizen of the United States;

(ii)

a resident alien;

(iii)

an Indian tribe or tribal organization (as those terms are defined in section 5304 of title 25);

(iv)

a partnership of citizens of the United States; or

(v)

a corporation, limited liability corporation, or other farm organizational structure organized under State law.

(3)

Farm-raised fish

(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.

(5)

Secretary

(b)

Livestock indemnity payments

(1)

Payments

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—

(A)

attacks by animals reintroduced into the wild by the Federal Government or protected by Federal law, including wolves and avian predators;

(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, 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

(C)

disease that, as determined by the Secretary—

(i)

is caused or transmitted by a vector; and

(ii)

is not susceptible to control by vaccination or acceptable management practices.

(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 affected livestock, as determined by the Secretary, on, as applicable—

(A)

the day before the date of death of the livestock; or

(B)

the day before the date of the event that caused the harm to the livestock that resulted in a reduced sale price.

(3)

Special rule for payments made due to disease

(4)

Payment reductions

A payment made under paragraph (1) to an eligible producer on a farm that sold livestock for a reduced sale price shall—

(A)

be made if the sale occurs within a reasonable period following the event, as determined by the Secretary; and

(B)

be reduced by the amount that the producer received for the sale.

(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

(B)

Drought monitor

(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

(D)

Normal carrying capacity

(E)

Normal grazing period

(2)

Program

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—

(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

(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

(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

(II)

Changes

(ii)

Drought intensity

(I)

(II)

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 3 monthly payments using the monthly payment rate determined under subparagraph (B);

(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 4 monthly payments using the monthly payment rate determined under subparagraph (B); or

(cc)

if the county is rated as having a D4 (exceptional drought) intensity in any area of the county for at least 4 weeks during the normal grazing period, in an amount equal to 5 monthly payments using the monthly 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

(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

(5)

No duplicative payments

(d)

Emergency assistance for livestock, honey bees, and farm-raised fish

(1)

In general

(2)

Use of funds

(3)

Availability of funds

(4)

Payment rate for covered producers

(e)

Tree assistance program

(1)

Definitions

In this subsection:

(A)

Eligible orchardist

(B)

Natural disaster

(C)

Nursery tree grower

(D)

Tree

(2)

Eligibility

(A)

Loss

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—

(i)

under paragraph (3) to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster, as determined by the Secretary; and

(ii)

under paragraph (3)(B) to eligible orchardists and nursery tree growers that have a production history for commercial purposes on planted or existing trees but lost the trees as a result of a natural disaster, as determined by the Secretary.

(B)

Limitation

(3)

Assistance

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—

(A)

(i)

reimbursement of 65 percent of the cost of replanting trees lost due to a natural disaster, as determined by the Secretary, in excess of 15 percent mortality (adjusted for normal mortality); or

(ii)

at the option of the Secretary, sufficient seedlings to reestablish a stand; and

(B)

reimbursement of 50 percent of the cost of pruning, removal, and other costs incurred by an eligible orchardist or nursery tree grower to salvage existing trees or, in the case of tree mortality, to prepare the land to replant trees as a result of damage or tree mortality due to a natural disaster, as determined by the Secretary, in excess of 15 percent damage or mortality (adjusted for normal tree damage and mortality).

(4)

Limitations on assistance

(A)

Definitions of legal entity and person

(B)

Acres

(5)

Payment rate for beginning and veteran producers

(f)

Payment limitations

(1)

Definitions of legal entity and person

(2)

Amount

(3)

Direct attribution

(Pub. L. 113–79, title I, § 1501, Feb. 7, 2014, 128 Stat. 697; Pub. L. 115–123, div. B, title I, § 20101(a)–(d), Feb. 9, 2018, 132 Stat. 68, 69; Pub. L. 115–334, title I, § 1501(a)–(c)(1), (d), (e), title XII, § 12306(h), Dec. 20, 2018, 132 Stat. 4522, 4523, 4970.)

cite as: 7 USC 9081