[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6233 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 6233


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2012

   Received; read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 AN ACT


 
  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.''.

            Passed the House of Representatives August 2, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.