1. Supplemental agricultural disaster assistance programs
Definitions— In this section:
Eligible producer on a farm—
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.
Description— An individual or entity referred to in subparagraph (A) is—
a citizen of the United States;
a resident alien;
a partnership of citizens of the United States; or
a corporation, limited liability corporation, or other farm organizational structure organized under State law.
Farm—
In general— The term farm means, in relation to an eligible producer on a farm, the total of all crop acreage in all counties that is planted or intended to be planted for harvest, for sale, or on-farm livestock feeding (including native grassland intended for haying) by the eligible producer.
Aquaculture— In the case of aquaculture, the term farm means, in relation to an eligible producer on a farm, all fish being produced in all counties that are intended to be harvested for sale by the eligible producer.
Honey— In the case of honey, the term farm means, in relation to an eligible producer on a farm, all bees and beehives in all counties that are intended to be harvested for a honey crop for sale by the eligible producer.
Farm-raised fish— The term farm-raised fish means any aquatic species that is propagated and reared in a controlled environment.
Livestock— The term livestock includes—
cattle (including dairy cattle);
bison;
poultry;
sheep;
swine;
horses; and
other livestock, as determined by the Secretary.
Livestock indemnity payments—
Payments— For each of 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—
attacks by animals reintroduced into the wild by the Federal Government or protected by Federal law, including wolves; or
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.
Payment rates— Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 65 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.
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)).
Livestock forage disaster program—
Establishment— There is established a livestock forage disaster program to provide 1 source for livestock forage disaster assistance for weather-related forage losses, as determined by the Secretary, by combining—
the livestock forage assistance functions of—
the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); and
the emergency assistance for livestock, honey bees, and farm-raised fish program under section 531(e) of the Federal Crop Insurance Act (7 U.S.C. 1531(e)) (as in existence on the day before the date of enactment of this Act); and
the livestock forage disaster program under section 531(d) of the Federal Crop Insurance Act (7 U.S.C. 1531(d)) (as in existence on the day before the date of enactment of this Act).
Definitions— In this subsection:
Covered livestock—
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 an eligible forage loss, as determined by the Secretary, the eligible livestock producer—
owned;
leased;
purchased;
entered into a contract to purchase;
was a contract grower; or
sold or otherwise disposed of due to an eligible forage loss during—
the current production year; or
subject to paragraph (4)(B)(ii), 1 or both of the 2 production years immediately preceding the current production year.
Exclusion— The term covered livestock does not include livestock that were or would have been in a feedlot, on the beginning date of the eligible forage loss, as a part of the normal business operation of the eligible livestock producer, as determined by the Secretary.
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.
Eligible forage loss— The term eligible forage loss means 1 or more forage losses that occur due to weather-related conditions, including drought, flood, blizzard, hail, excessive moisture, hurricane, and fire, occurring during the normal grazing period, as determined by the Secretary, if the forage—
is grown on land that is native or improved pastureland with permanent vegetative cover; or
is a crop planted specifically for the purpose of providing grazing for covered livestock of an eligible livestock producer.
Eligible livestock producer—
In general— The term eligible livestock producer means an eligible producer on a farm that—
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 covered livestock;
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 an eligible forage loss;
certifies the eligible forage loss; and
meets all other eligibility requirements established under this subsection.
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.
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 (4)(D)(i), that would be expected from the grazing land or pastureland for livestock during the normal grazing period, in the absence of an eligible forage loss that diminishes the production of the grazing land or pastureland.
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 (4)(D)(i).
Program— For each of 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 under paragraphs (4) through (6), as determined by the Secretary for eligible forage losses affecting covered livestock of eligible livestock producers.
Assistance for eligible forage losses due to drought conditions—
Eligible forage losses—
In general— An eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to drought on land that—
is native or improved pastureland with permanent vegetative cover; or
is planted to a crop planted specifically for the purpose of providing grazing for covered livestock.
Exclusions— An eligible livestock producer may not receive assistance under this paragraph for eligible forage 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.), unless the land is grassland eligible for the grassland reserve program established under 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.).
Monthly payment rate—
In general— Except as provided in clause (ii), the payment rate for assistance for 1 month under this paragraph shall, in the case of drought, be equal to 60 percent of the lesser of—
the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer, as determined under subparagraph (C); or
the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer.
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).
Monthly feed cost—
In general— The monthly feed cost shall equal the product obtained by multiplying—
30 days;
a payment quantity that is equal to the feed grain equivalent, as determined under clause (ii); and
a payment rate that is equal to the corn price per pound, as determined under clause (iii).
Feed grain equivalent— For purposes of clause (i)(II), the feed grain equivalent shall equal—
in the case of an adult beef cow, 15.7 pounds of corn per day; or
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.
Corn price per pound— For purposes of clause (i)(III), the corn price per pound shall equal the quotient obtained by dividing—
the higher of—
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
the national average corn price per bushel for the 24-month period immediately preceding that March 1; by
56.
Normal grazing period and drought monitor intensity—
FSA county committee determinations—
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 Farm Service Agency committee.
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.
Drought intensity—
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).
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—
in an amount equal to 3 monthly payments using the monthly payment rate determined under subparagraph (B);
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 4 monthly payments using the monthly payment rate determined under subparagraph (B); or
if the county is rated as having a D4 (exceptional drought) intensity in any area of the county for at least 4 weeks during the normal grazing period, in an amount equal to 5 monthly payments using the monthly rate determined under subparagraph (B).
Annual payment based on drought conditions determined by means other than the U.S. Drought Monitor—
In general— An eligible livestock producer that owns grazing land or pastureland that is physically located in a county that has experienced on average, over the preceding calendar year, precipitation levels that are 50 percent or more below normal levels, according to sufficient documentation as determined by the Secretary, may be eligible, subject to a determination by the Secretary, to receive assistance under this paragraph in an amount equal to not more than 1 monthly payment using the monthly payment rate under subparagraph (B).
No duplicate payment— A producer may not receive a payment under both clause (ii) and this clause.
Assistance for losses due to fire on public managed land—
In general— An eligible livestock producer may receive assistance under this paragraph only if—
the eligible forage losses occur on rangeland that is managed by a Federal agency; and
the eligible livestock producer is prohibited by the Federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire.
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 (4)(C).
Payment duration—
In general— Subject to clause (ii), an eligible livestock producer shall be eligible to receive assistance under this paragraph for the period—
beginning on the date on which the Federal agency excludes the eligible livestock producer from using the managed rangeland for grazing; and
ending on the last day of the Federal lease of the eligible livestock producer.
Limitation— An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year.
Assistance for eligible forage losses due to other than drought or fire—
Eligible forage losses—
In general— Subject to subparagraph (B), an eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to weather-related conditions other than drought or fire on land that—
is native or improved pastureland with permanent vegetative cover; or
is planted to a crop planted specifically for the purpose of providing grazing for covered livestock.
Exclusions— An eligible livestock producer may not receive assistance under this paragraph for eligible forage 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.), unless the land is grassland eligible for the grassland reserve program established under 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.).
Payments for eligible forage losses—
In general— The Secretary shall provide assistance under this paragraph to an eligible livestock producer for eligible forage losses that occur due to weather-related conditions other than—
drought under paragraph (4); and
fire on public managed land under paragraph (5).
Terms and conditions— The Secretary shall establish terms and conditions for assistance under this paragraph that are consistent with the terms and conditions for assistance under this subsection.
No duplicative payments— An eligible livestock producer may elect to receive assistance for eligible forage losses under either paragraph (4), (5), or (6), if applicable, but may not receive assistance under more than 1 of those paragraphs for the same loss, as determined by the Secretary.
Determinations by Secretary— A determination made by the Secretary under this subsection shall be final and conclusive.
Emergency assistance for livestock, honey bees, and farm-Raised fish—
In general— For each of fiscal years 2012 and 2013, the Secretary shall use not more than $5,000,000 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, adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b) or (c).
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.
Availability of funds— Any funds made available under this subsection shall remain available until expended.
Tree assistance program—
Definitions— In this subsection:
Eligible orchardist— The term eligible orchardist means a person that produces annual crops from trees for commercial purposes.
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.
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.
Tree— The term tree includes a tree, bush, and vine.
Eligibility—
Loss— Subject to subparagraph (B), for each of 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—
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
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.
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).
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—
reimbursement of 65 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
at the option of the Secretary, sufficient seedlings to reestablish a stand; and
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).
Limitations on assistance—
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)).
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.
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.
Payments—
Payment limitations—
Definitions of legal entity and person— In this subsection, the terms “legal entity” and “person” have the meanings given those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)).
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.
Direct attribution— Subsections (d) and (e) 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.
Payment delivery— The Secretary shall make payments under this section after October 1, 2013, for losses incurred in the 2012 and 2013 fiscal years.