7 U.S. Code § 9081 - Supplemental agricultural disaster assistance
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.
The term “farm-raised fish” means any aquatic species that is propagated and reared in a controlled environment.
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.
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.).
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).
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.
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).
An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year.
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.
For fiscal year 2012 and each succeeding fiscal year, the Secretary shall use 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).
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.
The term “eligible orchardist” means a person that produces annual crops from trees for commercial purposes.
The Food Security Act of 1985, referred to in subsec. (c)(3)(A)(ii), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Subchapter B of chapter 1 of subtitle D of title XII is classified generally to subpart B (§ 3831 et seq.) of part I of subchapter IV of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables.
2018—Subsec. (b)(1). Pub. L. 115–123, § 20101(a)(1), inserted “sold livestock for a reduced sale price, or both” after “normal mortality,” in introductory provisions.
Subsec. (b)(2). Pub. L. 115–123, § 20101(a)(2), substituted “affected livestock, as determined by the Secretary, on, as applicable—” for “applicable livestock on the day before the date of death of the livestock, as determined by the Secretary.” and added subpars. (A) and (B).
Subsec. (b)(4). Pub. L. 115–123, § 20101(a)(3), added par. (4).
Subsec. (d)(1). Pub. L. 115–123, § 20101(b), struck out “not more than $20,000,000 of” before “the funds of the Commodity Credit Corporation”.
Subsec. (e)(4)(B), (C). Pub. L. 115–123, § 20101(c), (d)(1), substituted “1,000 acres” for “500 acres” in subpar. (C), redesignated subpar. (C) as (B), and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “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 $125,000 for any crop year, or an equivalent value in tree seedlings.”
Subsec. (f)(2). Pub. L. 115–123, § 20101(d)(2), substituted “subsections (b) and (e)” for “subsection (e)”.
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