--- kind: "section" citation: "7 U.S.C. § 1471b" title: "7" title_heading: "Agriculture" number: "1471b" heading: "Determination of need for assistance" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/1471b" units: - "Chapter 35A — Price Support of Agricultural Commodities" - "Subchapter V — Emergency Livestock Feed Assistance Act of 1988" --- # §1471b. Determination of need for assistance - (a) **Determination and request by Governor or county committee—** - (1) Whenever the Governor of a [State](/usc/7/1471.md?p=3) determines that a [livestock](/usc/7/1471.md?p=2) emergency due to a natural disaster exists in the [State](/usc/7/1471.md?p=3), or a county committee established under [section 590h(b) of title 16](/usc/16/590h.md?p=b) determines that such an emergency exists in the county, the Governor or county committee may submit a request for a determination by the [Secretary](/usc/7/499a.md?p=b-2) of a [livestock](/usc/7/1471.md?p=2) emergency in such [State](/usc/7/1471.md?p=3) or county and for emergency [livestock](/usc/7/1471.md?p=2) [feed](/usc/7/1471.md?p=4) assistance under this subchapter. - (2) The request of a Governor or county committee for a [livestock](/usc/7/1471.md?p=2) emergency determination and for emergency [livestock](/usc/7/1471.md?p=2) [feed](/usc/7/1471.md?p=4) assistance shall include, to the extent feasible, recommendations to the [Secretary](/usc/7/499a.md?p=b-2) of those options that will most fully use [feed](/usc/7/1471.md?p=4) available through local sources. - (b) **Consideration for assistance without request—** The [Secretary](/usc/7/499a.md?p=b-2) may consider a [State](/usc/7/1471.md?p=3), county, or [area](/usc/7/1471.md?p=5) in a [State](/usc/7/1471.md?p=3) for a [livestock](/usc/7/1471.md?p=2) emergency determination and emergency [livestock](/usc/7/1471.md?p=2) [feed](/usc/7/1471.md?p=4) assistance under this subchapter whether or not a request for assistance is submitted, as described in [subsection (a)](#a). - (c) **Prompt action by Secretary—** The [Secretary](/usc/7/499a.md?p=b-2) shall act on requests for determinations under [subsection (a)](#a) and make final determinations on whether a [livestock](/usc/7/1471.md?p=2) emergency exists in any [State](/usc/7/1471.md?p=3), county, or [area](/usc/7/1471.md?p=5), under regulations that ensure thorough and prompt action (not later than 30 days after receipt of any such request) and provide for appropriate notification procedures. - (d) **Eligibility under prior programs; availability of other programs—** Notwithstanding the preceding provisions of this section, any [State](/usc/7/1471.md?p=3), county, or [area](/usc/7/1471.md?p=5) determined eligible, due to drought or related conditions in 1988, for the emergency [feed](/usc/7/1471.md?p=4) program or emergency [feed](/usc/7/1471.md?p=4) assistance program conducted prior to the effective date of this subchapter shall continue to be eligible for such programs and may be eligible for other programs under this subchapter for such drought or related condition. As soon as practicable after the effective date of this subchapter, the [Secretary](/usc/7/499a.md?p=b-2) shall determine whether any of the programs described in [section 1471d of this title](/usc/7/1471d.md), other than the emergency [feed](/usc/7/1471.md?p=4) program under [section 1471d(a)(4) of this title](/usc/7/1471d.md?p=a-4) and the emergency [feed](/usc/7/1471.md?p=4) assistance program under [section 1471d(a)(2) of this title](/usc/7/1471d.md?p=a-2), or in [section 1471e of this title](/usc/7/1471e.md) should be made available in such [State](/usc/7/1471.md?p=3), county, or [area](/usc/7/1471.md?p=5). If the [Secretary](/usc/7/499a.md?p=b-2) makes such determination, the [Secretary](/usc/7/499a.md?p=b-2) shall make such programs immediately available to [livestock producers](/usc/7/1471.md?p=1) in the [State](/usc/7/1471.md?p=3), county, or [area](/usc/7/1471.md?p=5). ## Source credit (Oct. 31, 1949, ch. 792, title VI, § 604, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 927.) ## Notes ### Editorial Notes ### References in Text The effective date of this subchapter, referred to in subsec. (d), is 15 days after Aug. 11, 1988, the effective date of section 101(a) of Pub. L. 100–387. See section 101(c) of Pub. L. 100–387, set out as a note under section 1427 of this title. ### Statutory Notes and Related Subsidiaries ### Effective Date Section effective 15 days after Aug. 11, 1988, with subsec. (d) of this section applicable only with respect to any livestock emergency in 1988, see section 101(c) of Pub. L. 100–387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title. ### Inapplicability of Section Section inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this title.