I 112th CONGRESS 2d Session H. R. 6228 IN THE HOUSE OF REPRESENTATIVES July 30, 2012 Mr. Lucas introduced the following bill; which was referred to the Committee on Agriculture A BILL To provide a one-year extension of the Food, Conservation, and Energy Act of 2008, with certain modifications and exceptions, to make supplemental agricultural disaster assistance available for fiscal years 2012 and 2013, and for other purposes.

1.

One-year extension of agricultural programs

(a)

Extension

Except as otherwise provided in this section and amendments made by this section and notwithstanding any other provision of law, the authorities provided by each provision of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1651) and each amendment made by that Act (and for mandatory programs at such funding levels), as in effect on September 30, 2012, shall continue, and the Secretary of Agriculture shall carry out the authorities, until the later of— (1)September 30, 2013; and (2)the date specified in the provision of such Act or amendment made by such Act. (b)

Commodity programs

(1)

In general

The terms and conditions applicable to a covered commodity or loan commodity (as those terms are defined in section 1001 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702)) or to peanuts, sugarcane, or sugar beets for the 2012 crop year pursuant to title I of such Act and each amendment made by that title shall be applicable to the 2013 crop year for that covered commodity, loan commodity, peanuts, sugarcane, or sugar beets. (2)

Upland Cotton

(A)

Adjustment of Prevailing World Market Price

The adjustment authority provided by section 1204(e)(2)(B) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8734(e)(2)(B)) shall be available to the Secretary of Agriculture through July 31, 2014. (B)

Import quota program

The duration of the import quota program required by section 1207(a) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8737(a)) shall extend through July 31, 2014. (3)

Special competitive provisions for extra long staple cotton

The duration of the special competitive provisions for extra long staple cotton authorized by section 1208 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8738) shall extend through July 31, 2014. (4)

Milk

Notwithstanding subsection (a), the Secretary of Agriculture shall carry out the dairy product price support program under section 1501 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8771) through December 31, 2013. (5)

Suspension of Permanent Price Support Authorities

The provisions of law specified in subsections (a) through (c) of section 1602 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8782) shall be suspended— (A)for the 2013 crop or production year of a covered commodity (as that term is defined in section 1001 of such Act (7 U.S.C. 8702)), peanuts, and sugar, as appropriate; and (B)in the case of milk, through December 31, 2013. (6)

Reduction in percentage of base acres used to determine payment acres for direct payments

For purposes of applying sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753) for the 2013 crop year of a covered commodity (as that term is defined in section 1001 of such Act (7 U.S.C. 8702)) or peanuts, as required by subsection (a), the term payment acres means 84.5 percent of the base acres of a covered commodity and of peanuts on a farm on which direct payments are made. (c)

Conservation programs

(1)

Conservation stewardship program

Section 1238G(d)(1) of the Food Security Act of 1985 (16 U.S.C. 3838g(d)(1)) is amended by inserting (except that for fiscal year 2013, the Secretary shall, to the maximum extent practicable, enroll in the program an additional 11,000,000 acres) before the semicolon. (2)

Farmland protection program

Section 1241(a)(4) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(4)) is amended— (A)in subparagraph (D), by striking ; and and inserting a semicolon; and (B)by striking subparagraph (E) and inserting the following: (E)$200,000,000 in fiscal year 2012; (F)$150,000,000 in fiscal year 2013; and (G)$200,000,000 in fiscal year 2014. . (3)

Environmental quality incentives program

Section 1241(a)(6) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(6)) is amended— (A)in subparagraph (D), by striking ; and and inserting a semicolon; and (B)by striking subparagraph (E) and inserting the following: (E)$1,750,000,000 in fiscal year 2012; (F)$1,400,000,000 in fiscal year 2013; and (G)$1,750,000,000 in fiscal year 2014. . (4)

Wildlife habitat incentives program

Section 1241(a)(7) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(7)) is amended— (A)in subparagraph (C), by striking ; and and inserting a semicolon; (B)in subparagraph (D), by striking 2014. and inserting 2012;; and (C)by adding at the end the following: (E)$45,000,000 in fiscal year 2013; and (F)$85,000,000 in fiscal year 2014. . (5)

Voluntary Public Access

Subsection (f) of section 1240R(f) of the Food Security Act of 1985 (16 U.S.C. 3839bb–5(f)) is amended to read as follows: (f)

Funding

(1)

Fiscal years 2009 through 2012

Of the funds of the Commodity Credit Corporation, the Secretary shall use, to the maximum extent practicable, $50,000,000 for the period of fiscal years 2009 through 2012. (2)

Authorization of Appropriations

There is authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2013. . (6)

Desert terminal lakes

Section 2507 of the Farm Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107–171) is repealed. (d)

Employment and training programs under supplemental nutrition assistance program

For purposes of fiscal year 2013, the reference to $90,000,000 in section 16(h)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)(1)(A)) shall be deemed to be a reference to $79,000,000. (e)

Research programs

(1)

Organic agriculture research and extension initiative

Section 1672B(f) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b(f)) is amended— (A)in the heading of paragraph (1), by striking In general and inserting Mandatory funding for fiscal years 2009 through 2012; (B)in the heading of paragraph (2), by striking Additional funding and inserting Discretionary funding for fiscal years 2009 through 2012; and (C)by adding at the end the following new paragraph: (3)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2013. . (2)

Specialty crop research initiative

Section 412(h) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(h)) is amended— (A)in the heading of paragraph (1), by striking In general and inserting Mandatory funding for fiscal years 2008 through 2012; (B)in the heading of paragraph (2), by inserting for fiscal years 2008 through 2012 after Appropriations; (C)by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (D)by inserting after paragraph (2) the following new paragraph: (3)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2013. . (3)

Beginning farmer and rancher development program

Section 7405(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f(h)) is amended— (A)in the heading of paragraph (1), by striking In general and inserting Mandatory funding for fiscal years 2009 through 2012; (B)in the heading of paragraph (2), by inserting for fiscal years 2008 through 2012 after Appropriations; and (C)by adding at the end the following new paragraph: (3)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $30,000,000 for fiscal year 2013. . (f)

Energy programs

(1)

Biobased Markets Program

Section 9002(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102(h)) is amended— (A)in the heading of paragraph (1), by inserting for fiscal years 2008 through 2012 after funding; (B)in the heading of paragraph (2), by inserting for fiscal years 2009 through 2012 after funding; and (C)by adding at the end the following new paragraph: (3)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2013. . (2)

Biorefinery Assistance

Section 9003(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103(h)) is amended— (A)in the heading of paragraph (1), by inserting for fiscal years 2009 and 2010 after funding; (B)in the heading of paragraph (2), by inserting for fiscal years 2009 through 2012 after funding; and (C)by adding at the end the following new paragraph: (3)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2013. . (3)

Repowering Assistance

Section 9004(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8104(d)) is amended— (A)in the heading of paragraph (1), by inserting for fiscal year 2009 after funding; (B)in the heading of paragraph (2), by inserting for fiscal years 2009 through 2012 after funding; and (C)by adding at the end the following new paragraph: (3)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2013. . (4)

Bioenergy Program for Advanced Biofuels

Section 9005(g) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105(g)) is amended— (A)in the heading of paragraph (1), by inserting for fiscal years 2009 through 2012 after funding; (B)in the heading of paragraph (2), by inserting for fiscal years 2009 through 2012 after funding; (C)by redesignating paragraph (3) as paragraph (4); and (D)by inserting after paragraph (2) the following new paragraph: (3)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2013. . (5)

Biodiesel Fuel Education Program

Section 9006(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106(d)) is amended— (A)by striking (d) Funding.—Of the funds and inserting (d) Funding.—(1)

Fiscal years 2008 through 2012

Of the funds ; and (B)adding at the end the following new paragraph: (2)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2013. . (6)

Rural Energy for America Program

Section 9007(g) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107(g)) is amended— (A)in the heading of paragraph (1), by inserting for fiscal years 2009 through 2012 after funding; (B)in the heading of paragraph (2), by inserting for fiscal years 2009 through 2012 after funding; (C)in the heading of paragraph (3), by inserting for fiscal years 2009 through 2012 after funding; and (D)by adding at the end the following new paragraph: (4)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $45,000,000 for fiscal year 2013. . (7)

Biomass Research and Development

Section 9008(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108(h)) is amended— (A)in the heading of paragraph (1), by inserting for fiscal years 2009 through 2012 after funding; (B)in the heading of paragraph (2), by inserting for fiscal years 2009 through 2012 after funding; and (C)by adding at the end the following new paragraph: (3)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2013. . (8)

Feedstock flexibility program for bioenergy producers

Section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110) applies to the 2013 crop of an eligible commodity (as that term is defined in subsection (a) of such section). (9)

Biomass Crop Assistance Program

Section 9011(f) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(f)) is amended— (A)by striking (f) Funding.—Of the funds and inserting (f) Funding.—(1)

Fiscal years 2008 through 2012

Of the funds ; and (B)adding at the end the following new paragraph: (2)

Fiscal year 2013

(A)

In general

There are authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2013. (B)

Multiyear contracts

For each multiyear contract entered into by the Secretary during a fiscal year under this paragraph, the Secretary shall ensure that sufficient funds are obligated from the amounts appropriated for that fiscal year to fully cover all payments required by the contract for all years of the contract. . (g)

Horticulture and organic agriculture programs

(1)

Farmers Market Promotion Program

Section 6(e) of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005(e)) is amended— (A)in the heading of paragraph (1), by striking In general and inserting Fiscal years 2008 through 2012; (B)by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (C)by inserting after paragraph (1) the following new paragraph: (2)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2013. ; (D)in paragraph (3) (as so redesignated), by striking paragraph (1) and inserting paragraph (1) or (2); and (E)in paragraph (5) (as so redesignated), by striking paragraph (2) and inserting paragraph (3). (2)

National Clean Plant Network

Section 10202(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7761(e)) is amended— (A)by striking Of the funds and inserting (1) Fiscal years 2009 through 2012.—Of the funds; and (B)adding at the end the following new paragraph: (2)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2013. . (3)

National organic certification cost-share program

Section 10606 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523) is amended— (A)in subsection (a), by striking Of funds of the Commodity Credit Corporation, the Secretary of Agriculture (acting through the Agricultural Marketing Service) shall use $22,000,000 for fiscal year 2008, to remain available until expended, to and inserting The Secretary of Agriculture (acting through the Agricultural Marketing Service) shall; and (B)by adding at the end the following new subsection: (d)

Funding

(1)

Mandatory funding for fiscal years 2008 through 2012

Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $22,000,000 for the period of fiscal years 2008 through 2012. (2)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $22,000,000 for fiscal year 2013, to remain available until expended. . (4)

Organic production and market data initiatives

Section 7407(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c(d)) is amended— (A)in the heading of paragraph (1), by striking In general and inserting Mandatory funding through fiscal year 2012; (B)in the heading of paragraph (2), by striking Additional funding and inserting Discretionary funding for fiscal years 2008 through 2012; and (C)by adding at the end the following new paragraph: (3)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $5,000,000, to remain available until expended. . (h)

Outreach and Technical Assistance for Socially Disadvantaged Farmers or Ranchers

Section 2501(a)(4) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)(4)) is amended— (1)in the heading of subparagraph (A), by striking In general and inserting Fiscal years 2009 through 2012; (2)by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (3)by inserting after subparagraph (A) the following new subparagraph: (B)

Fiscal year 2013

There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2013. ; (4)in subparagraph (C) (as so redesignated), by striking subparagraph (A) and inserting subparagraph (A) or (B); and (5)in subparagraph (D) (as so redesignated), by striking subparagraph (A) and inserting subparagraph (A) or (B). (i)

Exceptions

Subsection (a) does not apply with respect to the provisions of law specified in the following paragraphs: (1)

Conservation programs

(A)

Conservation stewardship program

Subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.), relating to the conservation stewardship program, including funding made available for the program under section 1241(a) of such Act (16 U.S.C. 3841(a)), as amended by subsection (c). (B)

Farmland protection program

Subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.), relating to the farmland protection program, including funding made available for the program under section 1241(a) of such Act (16 U.S.C. 3841(a)), as amended by subsection (c). (C)

Grassland reserve program

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.), relating to the grassland reserve program, including funding made available for the program under section 1241(a) of such Act (16 U.S.C. 3841(a)). (D)

Environmental quality incentives program

Chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.), relating to the environmental quality incentives program, including funding made available for the program under section 1241(a) of such Act (16 U.S.C. 3841(a)), as amended by subsection (c), except that subsection (a) shall apply with respect to the authority provided under section 1240H(b) of such Act (16 U.S.C. 3839aa–8(b)). (E)

Wildlife habitat incentives program

Section 1240N of the Food Security Act of 1985 (16 U.S.C. 3839bb–1), relating to the wildlife habitat incentives program, including funding made available for the program under section 1241(a) of such Act (16 U.S.C. 3841(a)), as amended by subsection (c). (F)

Voluntary public access program

Section 1240R(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3839bb–5(f)(1)), relating to the use of Commodity Credit Corporation funds for the voluntary public access and habitat incentive program, as amended by subsection (c). (G)

Small watershed rehabilitation program

Section 14(h)(1) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)), relating to the use of Commodity Credit Corporation funds for the small watershed rehabilitation program. (2)

Local and regional food aid procurement projects

Section 3206 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c), relating to the use of Commodity Credit Corporation funds to support local and regional food aid procurement projects. (3)

Survey of foods purchased by school food authorities

Section 4307 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1893), relating to the use of Commodity Credit Corporation funds for a survey and report regarding foods purchased by school food authorities. (4)

Rural development programs

(A)

Rural microentrepreneur assistance program

Section 379E(d)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s(d)(1)), relating to the use of Commodity Credit Corporation funds for the rural microentrepreneur assistance program. (B)

Funding of pending rural development loan and grant applications

Section 6029 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1955), relating to funding of pending rural development loan and grant applications. (C)

Value-added agricultural market development program grants

Section 231(b)(7)(A) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note; Public Law 106–224), relating to the use of Commodity Credit Corporation funds for value-added agricultural market development program grants. (D)

National sheep industry improvement center

Section 375(e)(6)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j(e)(6)(B)), relating to the use of Commodity Credit Corporation funds for the National Sheep Industry Improvement Center. (5)

Research programs

(A)

Organic agriculture research and extension initiative

Section 1672B(f) of the Food, Agriculture Conservation, and Trade Act of 1990 (7 U.S.C. 5925b(f)), relating to the use of Commodity Credit Corporation funds and discretionary funds under paragraphs (1) and (2) of such section, as amended by subsection (e), for the Organic Agriculture Research and Extension Initiative. (B)

Specialty crop research and extension initiative

Section 412(h) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(h)), relating to the use of Commodity Credit Corporation funds and discretionary funds under paragraphs (1) and (2) of such section, as amended by subsection (e), for the specialty crop research and extension initiative. (C)

Beginning farmer and rancher development program

Section 7405(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f(h)), relating to the use of Commodity Credit Corporation funds and discretionary funds under paragraphs (1) and (2) of such section, as amended by subsection (e), for the beginning farmer and rancher development program. (6)

Healthy forests reserve program

Section 508 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6578), relating to the use of Commodity Credit Corporation funds to carry out the healthy forests reserve program, except that the Secretary of Agriculture may use such amount of the funds appropriated for fiscal year 2013 to carry out the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.) as the Secretary determines necessary to cover the cost of technical assistance, management, and enforcement responsibilities for land enrolled in the healthy forests reserve program pursuant to subsections (a) and (b) of section 504 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6574). (7)

Energy programs

(A)

Biobased Markets Program

Section 9002(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102(h)), relating to the use of Commodity Credit Corporation funds and discretionary funds under paragraphs (1) and (2) of such section, as amended by subsection (f), for the biobased markets program. (B)

Biorefinery Assistance

Section 9003(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103(h)), relating to the use of Commodity Credit Corporation funds and discretionary funds under paragraphs (1) and (2) of such section, as amended by subsection (f), for biorefinery assistance. (C)

Repowering Assistance

Section 9004(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8104(d)), relating to the use of Commodity Credit Corporation funds and discretionary funds under paragraphs (1) and (2) of such section, as amended by subsection (f), for repowering assistance for biorefineries. (D)

Bioenergy Program for Advanced Biofuels

Section 9005(g) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105(g)), relating to the use of Commodity Credit Corporation funds and discretionary funds under paragraphs (1) and (2) of such section, as amended by subsection (f), for the bioenergy program for advanced biofuels. (E)

Biodiesel Fuel Education Program

Section 9006(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106(d)), relating to the use of Commodity Credit Corporation funds under paragraph (1) of such section, as amended by subsection (f), for the biodiesel fuel education program. (F)

Rural Energy for America Program

Section 9007(g) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107(g)), relating to the use of Commodity Credit Corporation funds and discretionary funds under paragraphs (1) and (3) of such section, as amended by subsection (f), for the Rural Energy for America Program. (G)

Biomass Research and Development

Section 9008(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108(h)), relating to the use of Commodity Credit Corporation funds and discretionary funds under paragraphs (1) and (2) of such section, as amended by subsection (f), for biomass research and development. (H)

Biomass Crop Assistance Program

Section 9011(f) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(f)), relating to the use of Commodity Credit Corporation funds under paragraph (1) of such section, as amended by subsection (f), for the Biomass Crop Assistance Program. (8)

Horticulture and organic agriculture programs

(A)

Farmers’ Market Promotion Program

Section 6(e) of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005(e)), relating to the use of Commodity Credit Corporation funds under paragraph (1) of such section, as amended by subsection (g), for the Farmers’ Market Promotion Program. (B)

National Clean Plant Network

Section 10202(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7761(e)), relating to the use of Commodity Credit Corporation funds under paragraph (1) of such section, as amended by subsection (g), for the National Clean Plant Network. (C)

National organic certification cost-share program

Section 10606(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(d)), relating to the use of Commodity Credit Corporation funds under paragraph (1) of such section, as added by subsection (g), for the national organic certification cost-share program. (D)

Organic Production and Market Data Initiatives

Section 7407(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c(d)(1)), relating to the use of Commodity Credit Corporation funds and discretionary funds under paragraphs (1) and (2) of such section, as amended by subsection (g), for organic production and market data initiatives. (E)

Market Loss Assistance for Asparagus Producers

Section 10404(d) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2112). (9)

Outreach and Technical Assistance for Socially Disadvantaged Farmers or Ranchers

Section 2501(a)(4) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)(4)), relating to the use of Commodity Credit Corporation funds under subparagraph (A) of such section, as amended by subsection (h), to provide outreach and technical assistance for socially disadvantaged farmers or ranchers. (10)

Supplemental agricultural disaster assistance

Section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) and title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.), relating to the provision of supplemental agricultural disaster assistance. (11)

Pigford claims

Section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2209), relating to determination on the merits of Pigford claims. (12)

Heartland, habitat, harvest, and horticulture act of 2008

Title XV of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2246), and amendments made that title, relating to the provision of supplemental agricultural disaster assistance under title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.), certain revenue and tax provisions, and certain trade benefits and other matters. (j)

Effective Date

Except as otherwise provided in this section, this section shall take effect on the earlier of— (1)the date of the enactment of this Act; and (2)September 30, 2012.

2.

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-raised fish

The term farm-raised fish means any aquatic species that is propagated and reared in a controlled environment. (3)

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. (4)

Secretary

The term Secretary means the Secretary of Agriculture. (b)

Livestock indemnity payments

(1)

Payments

For each of the 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 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 and 2013, 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

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. (d)

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

(1)

In general

For each of the fiscal years 2012 and 2013, 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 (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). (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)

Tree assistance program

(1)

Definitions

In this subsection: (A)

Eligible orchardist

The term eligible orchardist means a person that produces annual crops from trees for commercial purposes. (B)

Natural disaster

The term natural disaster means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary. (C)

Nursery tree grower

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)

Tree

The term tree includes a tree, bush, and vine. (2)

Eligibility

(A)

Loss

Subject to subparagraph (B), for each of the 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)

Limitation

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)

Assistance

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 70 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

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)). (B)

Amount

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)

Acres

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)

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)). (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 (excluding payments received under subsection (e)) may not exceed $100,000 for any crop year. (3)

AGI limitation

Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a) or any successor provision shall apply with respect to assistance provided under this section. (4)

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. (g)

Application

This section shall take effect as of October 1, 2011, and apply to losses that are incurred as the result of a disaster, adverse weather, or other environmental condition that occurs on or before September 30, 2013, as determined by the Secretary.