,i #aacth ,,congress #ast ,session ,h4 ,r4 #afjg ,,in ,,the ,,house ,,of ,,representatives ,april #ag1 #bjac ,mrs4 ,noem 7for herself and ,mr4 ,terry7 introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to amend the ,federal ,crop ,insurance ,act to extend certain supplemental agricultural disaster assistance programs to cover fiscal years #bjab through #bjah1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,livestock ,disaster ,protection ,act4 #b4 ,extension of certain supplemental agricultural disaster assistance programs with new funding mechanism ,section #eca of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeca7 is amended to read as follows3 #eca4 ,supplemental agricultural disaster assistance 7a7 ,definitions ,in this section3 7#a7 ,eligible producer on a farm 7,a7 ,in general ,the term eligible producer on a farm means an individual or entity described in subparagraph 7,b7 that1 as determined by the ,secretary1 assumes the production and market risks associated with the agricultural production of crops or livestock4 7,b7 ,description ,an individual or entity referred to in subparagraph 7,a7 is-- 7i7 a citizen of the ,united ,states2 7ii7 a resident alien2 7iii7 a partnership of citizens of the ,united ,states2 or 7iv7 a corporation1 limited liability corporation1 or other farm organizational structure organized under ,state law4 7#b7 ,farm 7,a7 ,in general ,the term farm means1 in relation to an eligible producer on a farm1 the crop acreage in all counties that is planted or intended to be planted for harvest for sale or on-farm livestock feeding 7including native grassland intended for haying7 by the eligible producer4 7,b7 ,aquaculture ,in the case of aquaculture1 the term farm means1 in relation to an eligible producer on a farm1 all fish being produced in all counties that are intended to be harvested for sale by the eligible producer4 7,c7 ,honey ,in the case of honey1 the term farm means1 in relation to an eligible producer on a farm1 all bees and beehives in all counties that are intended to be harvested for a honey crop for sale by the eligible producer4 7#c7 ,farm-raised fish ,the term farm-raised fish means any aquatic species that is propagated and reared in a controlled environment4 7#d7 ,livestock ,the term livestock includes-- 7,a7 cattle 7including dairy cattle72 7,b7 bison2 7,c7 poultry2 7,d7 sheep2 7,e7 swine2 7,f7 horses2 and 7,g7 other livestock1 as determined by the ,secretary4 7b7 ,livestock indemnity payments 7#a7 ,payments ,for the period specified in subsection 7f71 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 mortality1 as determined by the ,secretary1 due to-- 7,a7 attacks by animals reintroduced into the wild by the ,federal ,government or protected by ,federal law1 including wolves and avian predators2 or 7,b7 adverse weather1 as determined by the ,secretary1 during the calendar year1 including losses due to hurricanes1 floods1 blizzards1 disease1 wildfires1 extreme heat1 and extreme cold4 7#b7 ,payment rates ,indemnity payments to an eligible producer on a farm under paragraph 7#a7 shall be made at a rate of #ge percent of the market value of the applicable livestock on the day before the date of death of the livestock1 as determined by the ,secretary4 7#c7 ,special rule for payments made due to disease ,the ,secretary shall ensure that payments made to an eligible producer under paragraph 7#a7 are not made for the same livestock losses for which compensation is provided pursuant to section #ajdjg7;d7 of the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcjf7;d774 7c7 ,livestock forage disaster program 7#a7 ,definitions ,in this subsection3 7,a7 ,covered livestock 7i7 ,in general ,except as provided in clause 7ii71 the term covered livestock means livestock of an eligible livestock producer that1 during the #fj days prior to the beginning date of a qualifying drought or fire condition1 as determined by the ,secretary1 the eligible livestock producer-- 7,i7 owned2 7,,ii7 leased2 7,,iii7 purchased2 7,,iv7 entered into a contract to purchase2 7,v7 is a contract grower2 or 7,,vi7 sold or otherwise disposed of due to qualifying drought conditions during-- 7aa7 the current production year2 or 7bb7 subject to paragraph 7#c77;,b77ii71 #a or both of the #b production years immediately preceding the current production year4 7ii7 ,exclusion ,the term covered livestock does not include livestock that were or would have been in a feedlot1 on the beginning date of the qualifying drought or fire condition1 as a part of the normal business operation of the eligible livestock producer1 as determined by the ,secretary4 7,b7 ,drought monitor ,the term drought monitor means a system for classifying drought severity according to a range of abnormally dry to exceptional drought1 as defined by the ,secretary4 7,c7 ,eligible livestock producer 7i7 ,in general ,the term eligible livestock producer means an eligible producer on a farm that-- 7,i7 is an owner1 cash or share lessee1 or contract grower of covered livestock that provides the pastureland or grazing land1 including cash-leased pastureland or grazing land1 for the livestock2 7,,ii7 provides the pastureland or grazing land for covered livestock1 including cash-leased pastureland or grazing land that is physically located in a county affected by drought2 7,,iii7 certifies grazing loss2 and 7,,iv7 meets all other eligibility requirements established under this subsection4 7ii7 ,exclusion ,the term eligible livestock producer does not include an owner1 cash or share lessee1 or contract grower of livestock that rents or leases pastureland or grazing land owned by another person on a rate-of-gain basis4 7,d7 ,normal carrying capacity ,the term normal carrying capacity1 with respect to each type of grazing land or pastureland in a county1 means the normal carrying capacity1 as determined under paragraph 7#c77;,d77i71 that would be expected from the grazing land or pastureland for livestock during the normal grazing period1 in the absence of a drought or fire that diminishes the production of the grazing land or pastureland4 7,e7 ,normal grazing period ,the term normal grazing period1 with respect to a county1 means the normal grazing period during the calendar year for the county1 as determined under paragraph 7#c77;,d77i74 7#b7 ,program ,for the period specified in subsection 7f71 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-- 7,a7 a drought condition1 as described in paragraph 7#c72 or 7,b7 fire1 as described in paragraph 7#d74 7#c7 ,assistance for losses due to drought conditions 7,a7 ,eligible losses 7i7 ,in general ,an eligible livestock producer may receive assistance under this subsection only for grazing losses for covered livestock that occur on land that-- 7,i7 is native or improved pastureland with permanent vegetative cover2 or 7,,ii7 is planted to a crop planted specifically for the purpose of providing grazing for covered livestock4 7ii7 ,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 #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca et seq474 7,b7 ,monthly payment rate 7i7 ,in general ,except as provided in clause 7ii71 the payment rate for assistance under this paragraph for #a month shall1 in the case of drought1 be equal to #fj percent of the lesser of-- 7,i7 the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer1 as determined under subparagraph 7,c72 or 7,,ii7 the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer4 7ii7 ,partial compensation ,in the case of an eligible livestock producer that sold or otherwise disposed of covered livestock due to drought conditions in #a or both of the #b production years immediately preceding the current production year1 as determined by the ,secretary1 the payment rate shall be #hj percent of the payment rate otherwise calculated in accordance with clause 7i74 7,c7 ,monthly feed cost 7i7 ,in general ,the monthly feed cost shall equal the product obtained by multiplying-- 7,i7 #cj days2 7,,ii7 a payment quantity that is equal to the feed grain equivalent1 as determined under clause 7ii72 and 7,,iii7 a payment rate that is equal to the corn price per pound1 as determined under clause 7iii74 7ii7 ,feed grain equivalent ,for purposes of clause 7i77,,ii71 the feed grain equivalent shall equal-- 7,i7 in the case of an adult beef cow1 #ae4g pounds of corn per day2 or 7,,ii7 in the case of any other type of weight of livestock1 an amount determined by the ,secretary that represents the average number of pounds of corn per day necessary to feed the livestock4 7iii7 ,corn price per pound ,for purposes of clause 7i77,,iii71 the corn price per pound shall equal the quotient obtained by dividing-- 7,i7 the higher of-- 7aa7 the national average corn price per bushel for the #ab-month period immediately preceding ,march #a of the year for which the disaster assistance is calculated2 or 7bb7 the national average corn price per bushel for the #bd-month period immediately preceding that ,march #a2 by 7,,ii7 #ef4 7,d7 ,normal grazing period and drought monitor intensity 7i7 ,,fsa county committee determinations 7,i7 ,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 committee4 7,,ii7 ,changes ,no change to the normal carrying capacity or normal grazing period established for a county under subclause 7,i7 shall be made unless the change is requested by the appropriate ,state and county ,farm ,service ,agency committees4 7ii7 ,drought intensity 7,i7 ,d#b ,an eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the ,u4,s4 ,drought ,monitor as having a ,d#b 7severe drought7 intensity in any area of the county for at least #h consecutive weeks during the normal grazing period for the county1 as determined by the ,secretary1 shall be eligible to receive assistance under this paragraph in an amount equal to #a monthly payment using the monthly payment rate determined under subparagraph 7,b74 7,,ii7 ,d#c ,an eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the ,u4,s4 ,drought ,monitor as having at least a ,d#c 7extreme drought7 intensity in any area of the county at any time during the normal grazing period for the county1 as determined by the ,secretary1 shall be eligible to receive assistance under this paragraph-- 7aa7 in an amount equal to #b monthly payments using the monthly payment rate determined under subparagraph 7,b72 or 7bb7 if the county is rated as having a ,d#c 7extreme drought7 intensity in any area of the county for at least #d weeks during the normal grazing period for the county1 or is rated as having a ,d#d 7exceptional drought7 intensity in any area of the county at any time during the normal grazing period1 in an amount equal to #c monthly payments using the monthly payment rate determined under subparagraph 7,b74 7#d7 ,assistance for losses due to fire on public managed land 7,a7 ,in general ,an eligible livestock producer may receive assistance under this paragraph only if-- 7i7 the grazing losses occur on rangeland that is managed by a ,federal agency2 and 7ii7 the eligible livestock producer is prohibited by the ,federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire4 7,b7 ,payment rate ,the payment rate for assistance under this paragraph shall be equal to #ej percent of the monthly feed cost for the total number of livestock covered by the ,federal lease of the eligible livestock producer1 as determined under paragraph 7#c77;,c74 7,c7 ,payment duration 7i7 ,in general ,subject to clause 7ii71 an eligible livestock producer shall be eligible to receive assistance under this paragraph for the period-- 7,i7 beginning on the date on which the ,federal agency excludes the eligible livestock producer from using the managed rangeland for grazing2 and 7,,ii7 ending on the last day of the ,federal lease of the eligible livestock producer4 7ii7 ,limitation ,an eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than #ahj days per year4 7#e7 ,no duplicative payments 7,a7 ,in general ,an eligible livestock producer may elect to receive assistance for grazing or pasture feed losses due to drought conditions under paragraph 7#c7 or fire under paragraph 7#d71 but not both for the same loss1 as determined by the ,secretary4 7,b7 ,relationship to other assistance ,an eligible livestock producer that receives assistance under this subsection may not also receive assistance for losses to crops on the same land with the same intended use4 7d7 ,emergency assistance for livestock1 honey bees1 and farm-,raised fish 7#a7 ,in general ,for each fiscal year of the period specified in subsection 7f71 the ,secretary shall use not more than #bj1jjj1jjj of the funds of the ,commodity ,credit ,corporation to provide emergency relief to eligible producers of livestock1 honey bees1 and farm-raised fish to aid in the reduction of losses due to disease1 adverse weather1 or other conditions1 such as blizzards and wildfires1 as determined by the ,secretary1 that are not covered under subsection 7b7 or 7c74 7#b7 ,use of funds ,funds made available under this subsection shall be used to reduce losses caused by feed or water shortages1 disease1 or other factors as determined by the ,secretary4 7#c7 ,availability of funds ,any funds made available under this subsection shall remain available until expended4 7e7 ,payment limitations 7#a7 ,definitions of legal entity and person ,in this subsection1 the terms legal entity and person have the meaning given those terms in section #ajja7;a7 of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7;a7 7as amended by section #afjc of the ,food1 ,conservation1 and ,energy ,act of #bjjh774 7#b7 ,amount ,the total amount of disaster assistance payments received1 directly or indirectly1 by a person or legal entity 7excluding a joint venture or general partnership7 under this section may not exceed #ajj1jjj for any crop year4 7#c7 ,direct attribution ,subsections 7e7 and 7f7 of section #ajja of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7 or any successor provisions relating to direct attribution shall apply with respect to assistance provided under this section4 7f7 ,effective period2 retroactive effectiveness ,this section shall take effect as of ,october #a1 #bjaa1 and apply to losses described in subsections 7b71 7c71 and 7d7 that are incurred during the seven-fiscal-year period beginning on that date and ending on ,september #cj1 #bjah4 4