113 S141 IS: To make supplemental agricultural disaster assistance available for fiscal years 2012 and 2013, and for other purposes.
U.S. Senate
2013-01-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Supplemental agricultural
disaster assistance programs
(a)In
this section:
(1)Eligible
producer on a farm
(A)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)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)
(A)The term farm means, in relation to an
eligible producer on a farm, the total of all 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)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)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)The term farm-raised fish means any aquatic
species that is propagated and reared in a controlled environment.
(4)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)For
each of fiscal years 2012 and 2013, 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; 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)Indemnity payments to an eligible producer on a farm under
paragraph (1) shall be made at a rate of 65 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 diseaseThe 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)There
is established a livestock forage disaster program to provide 1 source for
livestock forage disaster assistance for weather-related forage losses, as
determined by the Secretary, by combining—
(A)the livestock
forage assistance functions of—
(i)the
noninsured crop disaster assistance program established by section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333);
and
(ii)the emergency
assistance for livestock, honey bees, and farm-raised fish program under
section 531(e) of the Federal Crop Insurance Act (7 U.S.C. 1531(e)) (as in
existence on the day before the date of enactment of this Act); and
(B)the livestock
forage disaster program under section 531(d) of the Federal Crop Insurance Act
(7 U.S.C. 1531(d)) (as in existence on the day before the date of enactment of
this Act).
(2)In
this subsection:
(A)
(i)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 an eligible forage loss, as
determined by the Secretary, the eligible livestock producer—
(I)owned;
(II)leased;
(III)purchased;
(IV)entered into a
contract to purchase;
(V)was a contract
grower; or
(VI)sold or
otherwise disposed of due to an eligible forage loss during—
- (aa)the
current production year; or
- (bb)subject to
paragraph (4)(B)(ii), 1 or both of the 2 production years immediately preceding
the current production year.
(ii)The
term covered livestock does not include livestock that were or
would have been in a feedlot, on the beginning date of the eligible forage
loss, as a part of the normal business operation of the eligible livestock
producer, as determined by the Secretary.
(B)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)The term eligible forage loss means 1 or more
forage losses that occur due to weather-related conditions, including drought,
flood, blizzard, hail, excessive moisture, hurricane, and fire, occurring
during the normal grazing period, as determined by the Secretary, if the
forage—
(i)is
grown on land that is native or improved pastureland with permanent vegetative
cover; or
(ii)is
a crop planted specifically for the purpose of providing grazing for covered
livestock of an eligible livestock producer.
(D)Eligible
livestock producer
(i)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 covered 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
an eligible forage loss;
(III)certifies the
eligible forage loss; and
(IV)meets all other
eligibility requirements established under this subsection.
(ii)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.
(E)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 (4)(D)(i), that would
be expected from the grazing land or pastureland for livestock during the
normal grazing period, in the absence of an eligible forage loss that
diminishes the production of the grazing land or pastureland.
(F)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 (4)(D)(i).
(3)For
each of fiscal years 2012 and 2013, the Secretary shall use such sums as are
necessary of the funds of the Commodity Credit Corporation to provide
compensation under paragraphs (4) through (6), as determined by the Secretary
for eligible forage losses affecting covered livestock of eligible livestock
producers.
(4)Assistance for
eligible forage losses due to drought conditions
(A)
(i)An eligible livestock producer of covered livestock may
receive assistance under this paragraph for eligible forage losses that occur
due to drought 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)An
eligible livestock producer may not receive assistance under this paragraph for
eligible forage 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.), unless the land is grassland eligible for the grassland reserve program
established under subchapter D of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838n et seq.).
(B)
(i)Except as provided in clause (ii), the payment rate for
assistance for 1 month under this paragraph 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)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)
(i)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)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)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)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 Farm Service Agency committee.
(II)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)
(I)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)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).
(iii)Annual
payment based on drought conditions determined by means other than the U.S.
Drought Monitor
(I)An eligible livestock producer that owns grazing land or
pastureland that is physically located in a county that has experienced on
average, over the preceding calendar year, precipitation levels that are 50
percent or more below normal levels, according to sufficient documentation as
determined by the Secretary, may be eligible, subject to a determination by the
Secretary, to receive assistance under this paragraph in an amount equal to not
more than 1 monthly payment using the monthly payment rate under subparagraph
(B).
(II)A producer may not receive a payment under both clause
(ii) and this clause.
(5)Assistance for
losses due to fire on public managed land
(A)An eligible livestock producer may receive assistance
under this paragraph only if—
(i)the
eligible forage 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)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 (4)(C).
(C)
(i)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)An
eligible livestock producer may only receive assistance under this paragraph
for losses that occur on not more than 180 days per year.
(6)Assistance for
eligible forage losses due to other than drought or fire
(A)
(i)Subject to subparagraph (B), an eligible livestock
producer of covered livestock may receive assistance under this paragraph for
eligible forage losses that occur due to weather-related conditions other than
drought or fire 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)An
eligible livestock producer may not receive assistance under this paragraph for
eligible forage 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.), unless the land is grassland eligible for the grassland reserve program
established under subchapter D of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838n et seq.).
(B)Payments for
eligible forage losses
(i)The Secretary shall provide assistance under this
paragraph to an eligible livestock producer for eligible forage losses that
occur due to weather-related conditions other than—
(I)drought under
paragraph (4); and
(II)fire on public
managed land under paragraph (5).
(ii)The Secretary shall establish terms and conditions for
assistance under this paragraph that are consistent with the terms and
conditions for assistance under this subsection.
(7)An eligible livestock producer may elect to receive
assistance for eligible forage losses under either paragraph (4), (5), or (6),
if applicable, but may not receive assistance under more than 1 of those
paragraphs for the same loss, as determined by the Secretary.
(8)Determinations by SecretaryA determination made by the Secretary under
this subsection shall be final and conclusive.
(d)Emergency
assistance for livestock, honey bees, and farm-Raised fish
(1)For each of fiscal years 2012 and 2013, the Secretary
shall use not more than $5,000,000 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)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)Any funds made available under this subsection shall remain
available until expended.
(e)
(1)In
this subsection:
(A)The term eligible orchardist means a
person that produces annual crops from trees for commercial purposes.
(B)The term natural disaster means plant
disease, insect infestation, drought, fire, freeze, flood, earthquake,
lightning, or other occurrence, as determined by the Secretary.
(C)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.
(D)The
term tree includes a tree, bush, and vine.
(2)
(A)Subject
to subparagraph (B), for each of fiscal years 2012 and 2013, 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)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).
(3)Subject
to paragraph (4), 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 personIn 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)).
(B)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 $100,000 for any crop year, or an equivalent value in tree
seedlings.
(C)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 500 acres.
(f)
(1)
(A)Definitions of
legal entity and personIn this subsection, the terms
legal entity
and person
have the meanings given
those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C.
1308(a)).
(B)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 (excluding payments received under subsection (e)) may not
exceed $100,000 for any crop year.
(C)Subsections (d) and (e) 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.
(2)The Secretary shall make payments under this section
after October 1, 2013, for losses incurred in the 2012 and 2013 fiscal
years.
2.Noninsured crop
assistance program
(a)Section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333) is amended—
(1)in subsection
(a)—
(A)by striking
paragraph (1) and inserting the following:
(1)
(A)In
the case of an eligible crop described in paragraph (2), the Secretary of
Agriculture shall operate a noninsured crop disaster assistance program to
provide coverages based on individual yields (other than for value-loss crops)
equivalent to—
(i)catastrophic risk
protection available under section 508(b) of the Federal Crop Insurance Act (7
U.S.C. 1508(b)); or
(ii)additional
coverage available under subsections (c) and (h) of section 508 of that Act (7
U.S.C. 1508) that does not exceed 65 percent.
(B)The
Secretary shall carry out this section through the Farm Service Agency
(referred to in this section as the
Agency
).
;
and
(B)in paragraph
(2)—
(i)in
subparagraph (A)—
(I)in clause (i), by
striking and
after the semicolon at the end;
(II)by redesignating
clause (ii) as clause (iii); and
(III)by inserting
after clause (i) the following:
(ii)for which
additional coverage under subsections (c) and (h) of section 508 of that Act (7
U.S.C. 1508) is not available; and
;
and
(ii)in
subparagraph (B), by striking (including ornamental fish)
and
inserting (including ornamental fish, but excluding tropical
fish)
;
(2)in subsection (d),
by striking The Secretary
and inserting Subject to
subsection (l), the Secretary
;
(3)in subsection
(k)(1)—
(A)in subparagraph
(A), by striking $250
and inserting $260
;
and
(B)in subparagraph
(B)—
(i)by
striking $750
and inserting $780
; and
(ii)by
striking $1,875
and inserting $1,950
; and
(4)by adding at the
end the following:
(l)Payment
equivalent to additional coverage
(1)The Secretary shall make available to a producer eligible
for noninsured assistance under this section a payment equivalent to an
indemnity for additional coverage under subsections (c) and (h) of section 508
of the Federal Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65
percent, computed by multiplying—
(A)the quantity that
is less than 50 to 65 percent of the established yield for the crop, as
determined by the Secretary, specified in increments of 5 percent;
(B)100 percent of the
average market price for the crop, as determined by the Secretary; and
(C)a payment rate for
the type of crop, as determined by the Secretary, that reflects—
(i)in
the case of a crop that is produced with a significant and variable harvesting
expense, the decreasing cost incurred in the production cycle for the crop that
is, as applicable—
(I)harvested;
(II)planted but not
harvested; or
(III)prevented from
being planted because of drought, flood, or other natural disaster, as
determined by the Secretary; or
(ii)in the case of a
crop that is produced without a significant and variable harvesting expense,
such rate as shall be determined by the Secretary.
(2)To
be eligible to receive a payment under this subsection, a producer shall
pay—
(A)the service fee
required by subsection (k); and
(B)a premium for the
applicable crop year that is equal to—
(i)the product
obtained by multiplying—
(I)the number of
acres devoted to the eligible crop;
(II)the yield, as
determined by the Secretary under subsection (e);
(III)the coverage
level elected by the producer;
(IV)the average
market price, as determined by the Secretary; and
(ii)5.25-percent
premium fee.
(3)Limited
resource, beginning, and socially disadvantaged farmersThe
additional coverage made available under this subsection shall be available to
limited resource, beginning, and socially disadvantaged producers, as
determined by the Secretary, in exchange for a premium that is 50 percent of
the premium determined for a producer under paragraph (2).
(4)
(A)As soon as practicable, the Secretary shall make
assistance available to producers of an otherwise eligible crop described in
subsection (a)(2) that suffered losses—
(i)to
a 2012 annual fruit crop grown on a bush or tree; and
(ii)in a county
covered by a declaration by the Secretary of a natural disaster for production
losses due to a freeze or frost.
(B)The
Secretary shall make assistance available under subparagraph (A) in an amount
equivalent to assistance available under paragraph (1), less any fees not
previously paid under paragraph
(2).
.
(b)Termination of
amendments
(1)Effective October 1, 2017, the amendments made by
subsection (a) (other than the amendment made by subsection (a)(1)(B)(ii)) are
repealed.
(2)Effective October 1, 2017, section 196 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333)
shall be applied and administered as if the amendments made by subsection (a)
(other than the amendment made by subsection (a)(1)(B)(ii)) had not been
enacted.