[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4948 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4948

To amend the Federal Crop Insurance Act to extend certain supplemental 
agricultural disaster assistance programs through fiscal year 2017, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2012

  Mrs. Noem 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 through fiscal year 2017, 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 each of the fiscal years 2012 through 
        2017, 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 each of the fiscal years 2012 through 
        2017, 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 of the fiscal years 2012 
        through 2017, 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.''.
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