1.This Act may be cited as the
Agricultural Disaster Assistance Act
of 2012
.
2.Supplemental
agricultural disaster assistance
(a)In
this section:
(1)Eligible
producer on a farm
(A)The term eligible producer on a farm means
an individual or entity described in subparagraph (B) that, as determined by
the Secretary, assumes the production and market risks associated with the
agricultural production of crops or livestock.
(B)An
individual or entity referred to in subparagraph (A) is—
(i)a
citizen of the United States;
(ii)a
resident alien;
(iii)a
partnership of citizens of the United States; or
(iv)a
corporation, limited liability corporation, or other farm organizational
structure organized under State law.
(2)The term farm-raised fish means any aquatic
species that is propagated and reared in a controlled environment.
(3)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)The
term Secretary means the Secretary of Agriculture.
(b)Livestock
indemnity payments
(1)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)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 diseaseThe Secretary shall ensure that
payments made to an eligible producer under paragraph (1) are not made for the
same livestock losses for which compensation is provided pursuant to section
10407(d) of the Animal Health Protection Act (7 U.S.C. 8306(d)).
(c)Livestock forage
disaster program
(1)In
this subsection:
(A)
(i)Except as provided in clause (ii), the term covered
livestock means livestock of an eligible livestock producer that, during
the 60 days prior to the beginning date of 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)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)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)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)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)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)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)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)
(i)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)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)
(i)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)In the case of an eligible livestock producer that
sold or otherwise disposed of covered livestock due to drought conditions in 1
or both of the 2 production years immediately preceding the current production
year, as determined by the Secretary, the payment rate shall be 80 percent of
the payment rate otherwise calculated in accordance with clause (i).
(C)
(i)The monthly feed cost shall equal the product obtained by
multiplying—
(I)30 days;
(II)a payment
quantity that is equal to the feed grain equivalent, as determined under clause
(ii); and
(III)a payment rate
that is equal to the corn price per pound, as determined under clause
(iii).
(ii)For purposes of clause (i)(II), the feed grain
equivalent shall equal—
(I)in the case of an
adult beef cow, 15.7 pounds of corn per day; or
(II)in the case of
any other type of weight of livestock, an amount determined by the Secretary
that represents the average number of pounds of corn per day necessary to feed
the livestock.
(iii)For purposes of clause (i)(III), the corn price per pound
shall equal the quotient obtained by dividing—
(I)the higher
of—
- (aa)the
national average corn price per bushel for the 12-month period immediately
preceding March 1 of the year for which the disaster assistance is calculated;
or
- (bb)the
national average corn price per bushel for the 24-month period immediately
preceding that March 1; by
(II)56.
(D)Normal grazing
period and drought monitor intensity
(i)FSA county
committee determinations
(I)The Secretary shall determine the normal carrying
capacity and normal grazing period for each type of grazing land or pastureland
in the county served by the applicable committee.
(II)No
change to the normal carrying capacity or normal grazing period established for
a county under subclause (I) shall be made unless the change is requested by
the appropriate State and county Farm Service Agency committees.
(ii)
(I)An
eligible livestock producer that owns or leases grazing land or pastureland
that is physically located in a county that is rated by the U.S. Drought
Monitor as having a D2 (severe drought) intensity in any area of the county for
at least 8 consecutive weeks during the normal grazing period for the county,
as determined by the Secretary, shall be eligible to receive assistance under
this paragraph in an amount equal to 1 monthly payment using the monthly
payment rate determined under subparagraph (B).
(II)An
eligible livestock producer that owns or leases grazing land or pastureland
that is physically located in a county that is rated by the U.S. Drought
Monitor as having at least a D3 (extreme drought) intensity in any area of the
county at any time during the normal grazing period for the county, as
determined by the Secretary, shall be eligible to receive assistance under this
paragraph—
- (aa)in an
amount equal to 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)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)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)
(i)Subject to clause (ii), an eligible livestock producer
shall be eligible to receive assistance under this paragraph for the
period—
(I)beginning on the
date on which the Federal agency excludes the eligible livestock producer from
using the managed rangeland for grazing; and
(II)ending on the
last day of the Federal lease of the eligible livestock producer.
(ii)An
eligible livestock producer may only receive assistance under this paragraph
for losses that occur on not more than 180 days per year.
(5)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)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)Funds made available under this subsection shall be used to
reduce losses caused by feed or water shortages, disease, or other factors as
determined by the Secretary.
(3)Any funds made available under this subsection shall remain
available until expended.
(e)
(1)In
this subsection:
(A)The term eligible orchardist means a
person that produces annual crops from trees for commercial purposes.
(B)The term natural disaster means plant
disease, insect infestation, drought, fire, freeze, flood, earthquake,
lightning, or other occurrence, as determined by the Secretary.
(C)The term nursery tree grower means a person
who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial
sale, as determined by the Secretary.
(D)The
term tree includes a tree, bush, and vine.
(2)
(A)Subject to subparagraph (B), for 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)An
eligible orchardist or nursery tree grower shall qualify for assistance under
subparagraph (A) only if the tree mortality of the eligible orchardist or
nursery tree grower, as a result of damaging weather or related condition,
exceeds 15 percent (adjusted for normal mortality).
(3)Subject
to paragraph (4), the assistance provided by the Secretary to eligible
orchardists and nursery tree growers for losses described in paragraph (2)
shall consist of—
(A)(i)reimbursement of 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 personIn this paragraph, the terms legal
entity and person have the meaning given those terms in
section 1001(a) of the Food Security Act of 1985 (7 U.S.C.
1308(a)).
(B)The
total amount of payments received, directly or indirectly, by a person or legal
entity (excluding a joint venture or general partnership) under this subsection
may not exceed $100,000 for any crop year, or an equivalent value in tree
seedlings.
(C)The
total quantity of acres planted to trees or tree seedlings for which a person
or legal entity shall be entitled to receive payments under this subsection may
not exceed 500 acres.
(f)
(1)Definitions of
legal entity and personIn 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)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)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)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)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 SecretaryA determination made by the Secretary under this
section shall be final and conclusive.
(i)
(1)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)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 rulemakingIn carrying out this subsection, the
Secretary shall use the authority provided under
section
808 of title 5, United States Code.
3.Modification of
certain conservation programs
(a)Conservation
stewardship programSection 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 programSection 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.
Karen L. Haas,
Clerk.