[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6233 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6233
To make supplemental agricultural disaster assistance available for
fiscal year 2012 with the costs of such assistance offset by changes to
certain conservation programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2012
Mr. Lucas introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To make supplemental agricultural disaster assistance available for
fiscal year 2012 with the costs of such assistance offset by changes to
certain conservation programs, 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 ``Agricultural Disaster Assistance Act
of 2012''.
SEC. 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 fiscal year 2012, 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 fiscal year 2012, 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 fiscal year 2012, 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 fiscal
year 2012, 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, 2012, as determined by the Secretary.
(h) Determinations by Secretary.--A determination made by the
Secretary under this section shall be final and conclusive.
(i) Regulations.--
(1) In general.--Except as otherwise provided in this
subsection, not later than 90 days after the date of enactment
of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations
as are necessary to implement this section.
(2) Procedure.--The promulgation of the regulations and
administration of this section shall be made without regard
to--
(A) the notice and comment provisions of section
553 of title 5, United States Code;
(B) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'');
and
(C) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and
public participation in rulemaking.
(3) Congressional review of agency rulemaking.--In carrying
out this subsection, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
SEC. 3. MODIFICATION OF CERTAIN CONSERVATION PROGRAMS.
(a) 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.
(b) Environmental Quality Incentives Program.--Section 1241(a)(6)
of the Food Security Act of 1985 (16 U.S.C. 3841(a)(6)) is amended--
(1) in subparagraph (D), by striking ``; and'' and
inserting a semicolon; and
(2) 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.''.
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