Collapse to view only § 1471. Definitions
- § 1471. Definitions
- § 1471a. Emergency livestock assistance
- § 1471b. Determination of need for assistance
- § 1471c. Eligible producers
- § 1471d. Assistance programs
- § 1471e. Additional assistance
- § 1471f. Use of Commodity Credit Corporation
- § 1471g. Benefits limitation
- § 1471h. Ineligibility
- § 1471i. Administration
- § 1471j. Penalties
- § 1472. Assistance for livestock producers
§ 1471. DefinitionsAs used in this subchapter:
(1) The term “livestock producer” means—
(A) a person that is actively engaged in farming and that receives a substantial amount of total income from the production of grain or livestock, as determined by the Secretary, that is—
(i) an established producer or husbander of livestock or a dairy producer who is a citizen of, or legal resident alien in, the United States; or
(ii) a farm cooperative, private domestic corporation, partnership, or joint operation in which a majority interest is held by members, stockholders, or partners who are citizens of, or legal resident aliens in, the United States, if such cooperative, corporation, partnership, or joint operation is engaged in livestock production or husbandry, or dairy production; or
(B) Any 1
1 So in original. Probably should not be capitalized.
of the following entities that is actively engaged in livestock production or husbandry, or dairy production—(i) any Indian tribe (as defined in section 5304(b) of title 25); 2
2 See References in Text note below.
(ii) any Indian organization or entity chartered under the Act of June 18, 1934 (48 Stat. 984, chapter 576; 25 U.S.C. 461 et seq.),2 commonly known as the “Indian Reorganization Act”;
(iii) any tribal organization (as defined in section 5304(c) of title 25); 2 or
(iv) any economic enterprise (as defined in section 1452(e) of title 25);
(2) The term “livestock” means cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poultry), llamas, alpacas, live fish, crawfish, and other animals that—
(A) are part of a foundation herd (including producing dairy cattle) or offspring; or
(B) are purchased as part of a normal operation and not to obtain additional benefits under this subchapter.
(3) The term “State” means any State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, or Guam.
(4) The term “feed”, for the purposes of emergency feed assistance, means any type of feed (including feed grain, oilseed meal, premix or mixed feed, liquid or dry supplemental feed, roughage, pasture, or forage) that—
(A) best suits the livestock producer’s operation; and
(B) is consistent with acceptable feed practices.
(5) The term “area” includes any Indian reservation (as defined in section 1985(e)(1)(D)(ii) 2 of this title).
(Oct. 31, 1949, ch. 792, title VI, § 602, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 926; amended Pub. L. 108–447, div. A, title VII, § 785(b)(1), Dec. 8, 2004, 118 Stat. 2850; Pub. L. 109–97, title VII, § 784(b)(1), Nov. 10, 2005, 119 Stat. 2162; Pub. L. 115–334, title XII, § 12104, Dec. 20, 2018, 132 Stat. 4942.)
§ 1471a. Emergency livestock assistance
(a) The Secretary shall provide emergency feed assistance under this subchapter for the preservation and maintenance of livestock in any State or area of a State where, because of disease, insect infestation, flood, drought, fire, hurricane, earthquake, storm, hot weather, or other natural disaster, the Secretary determines that a livestock emergency exists.
(b)
(1) The Secretary shall provide emergency feed assistance under this subchapter for the preservation and maintenance of livestock, to livestock producers that—
(A) conduct farming, ranching, or aquaculture operations in any county contiguous to a county where the Secretary has determined, under subsection (a), that a livestock emergency exists, and
(B) are otherwise eligible for assistance under this subchapter.
(2) The Secretary shall accept applications for assistance under this subsection from producers that are affected by the livestock emergency at any time during the eight-month period beginning on the date on which the Secretary determines that such emergency exists in the other county.
(Oct. 31, 1949, ch. 792, title VI, § 603, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 927.)
§ 1471b. Determination of need for assistance
(a) Determination and request by Governor or county committee
(1) Whenever the Governor of a State determines that a livestock emergency due to a natural disaster exists in the State, or a county committee established under section 590h(b) of title 16 determines that such an emergency exists in the county, the Governor or county committee may submit a request for a determination by the Secretary of a livestock emergency in such State or county and for emergency livestock feed assistance under this subchapter.
(2) The request of a Governor or county committee for a livestock emergency determination and for emergency livestock feed assistance shall include, to the extent feasible, recommendations to the Secretary of those options that will most fully use feed available through local sources.
(b) Consideration for assistance without request
(c) Prompt action by Secretary
(d) Eligibility under prior programs; availability of other programs
(Oct. 31, 1949, ch. 792, title VI, § 604, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 927.)
§ 1471c. Eligible producers
(a) Qualifying livestock producers
(1) If the Secretary determines that a livestock emergency exists in a State, county, or area, qualifying livestock producers located in such State, county, or area, or in a contiguous county as provided for in section 1471a(b) of this title, shall be eligible (under application procedures established by the Secretary) for emergency feed assistance under this subchapter in accordance with this subsection.
(2) For the purposes of this subsection, a “qualifying livestock producer” is a livestock producer who has suffered a substantial loss in feed normally produced on the farm for such producer’s livestock as a result of the livestock emergency and, as a result, does not have sufficient feed that has adequate nutritive value and is suitable for each of such producer’s particular types of livestock (as of the date of the request, or initiation of consideration, for a determination of a livestock emergency under section 1471b of this title) for the estimated duration of the emergency.
(3) Each qualifying livestock producer shall be eligible for emergency feed assistance under the programs specified in section 1471d(a) of this title that is made available where the producer is located in quantities sufficient to meet such feed deficiency with respect to the producer’s livestock normally fed with feed produced by the producer.
(b) Availability of additional assistance
(c) Program participation option
(Oct. 31, 1949, ch. 792, title VI, § 605, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 928.)
§ 1471d. Assistance programs
(a) Available programsIn accordance with section 1471c(a) of this title, the Secretary shall make one or more of the following assistance programs available to qualifying livestock producers in a State, county or area, if the Secretary determines that the livestock emergency in such State, county or area requires the implementation of such program:
(1) The donation of feed grain owned by the Commodity Credit Corporation to producers who are financially unable to purchase feed under paragraph (2) or to participate in any other program authorized under this subsection.
(2) The sale of feed grain owned by the Commodity Credit Corporation to producers for livestock feed at a price, established by the Secretary, that does not exceed—
(A) with respect to such assistance provided for any livestock emergency determined to exist prior to January 1, 1989, 75 percent of the current basic county loan rate for such feed grain in effect under this Act (or at a comparable price if there is no such current basic county loan rate), or
(B) with respect to such assistance provided for any other livestock emergency, 50 percent of the average market price in the county or area involved, as determined by the Secretary.
(3) Reimbursement of any transportation and handling expenses incurred, not to exceed 50 percent of such expenses, by a producer in connection with feed grain donations or sales under paragraphs (1) and (2).
(4) Reimbursement of not to exceed 50 percent of the cost of feed purchased by a producer for the producer’s livestock during the duration of the livestock emergency.
(5) Hay and forage transportation assistance to producers of not to exceed 50 percent of the cost of transporting hay or forage purchased from a point of origin beyond a producer’s normal trade area to the livestock, subject to the following limitations:
(A) The transportation assistance may not exceed $50 per ton of eligible hay or forage ($12.50 for silage).
(B) The quantity of eligible hay and forage for each producer may not exceed the lesser of—
(i) 20 pounds per day per eligible animal unit; or
(ii) the quantity of additional feed needed by the producer for the duration of the livestock emergency.
(6) Livestock transportation assistance to producers of not to exceed 50 percent of the cost of transporting livestock to and from available grazing locations, except that such assistance may not exceed the lesser of—
(A) $24 per head of a producer’s eligible livestock; or
(B) the local cost of the quantity of additional feed needed by the producer for the eligible livestock for duration of the livestock emergency.
(b) Feed grain through dealer or manufacturer; reimbursement; feed grain stored on farm of producerIf assistance is made available through the furnishing of feed grain under paragraph (1) or (2) of subsection (a), the Secretary—
(1) may provide for the furnishing of the feed grain through a dealer or manufacturer and the replacing of the feed grain so furnished from feed grain owned by the Commodity Credit Corporation; or
(2) at the option of the livestock producer, shall provide for the furnishing of the feed grain through the use of feed grain stored on the farm of the producer that has been pledged as collateral for a price support loan made under this Act.
(c) Payments or reimbursements through issuance of negotiable certificates
(d) Approved application prerequisite to benefits
(e) Time for application
(f) Livestock transportation assistance
(Oct. 31, 1949, ch. 792, title VI, § 606, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 928; amended Pub. L. 101–82, title II, §§ 201, 202, Aug. 14, 1989, 103 Stat. 581.)
§ 1471e. Additional assistance
(a) Determination by Secretary
(b) Programs authorizedSpecial assistance under this section includes—
(1) the donation of feed owned by the Commodity Credit Corporation for use in feeding livestock stranded and unidentified as to its owner, including the cost of transporting feed to the affected area, during such period as the Secretary, by regulation, may prescribe;
(2) reimbursement of not to exceed 50 percent of the cost of—
(A) installing pipelines (if that is the least expensive method) or other facilities, including tanks or troughs, for livestock water;
(B) construction or deepening of wells or ponds for livestock water; or
(C) developing springs or seeps for livestock water,
as appropriate in drought areas to facilitate more efficient and better-distributed grazing on land normally used for grazing. Such cost-share assistance may not be made available to provide water for wildlife or recreational livestock, dry lot feeding, or barns or corrals, or to acquire pumping equipment;
(3) reimbursement of not to exceed 50 percent of the cost of burning prickly pear cactus to make it suitable for animal feed; and
(4) making commodities owned by the Commodity Credit Corporation available to livestock producers through the use of a catalog that specifies lots of a size that are economically feasible for a small producer to obtain by means of certificate exchanges.
(c) Water development projects for 1988 and 1989 emergencies
(Oct. 31, 1949, ch. 792, title VI, § 607, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 930; amended Pub. L. 101–82, title I, § 142, title II, § 203, Aug. 14, 1989, 103 Stat. 579, 581.)
§ 1471f. Use of Commodity Credit Corporation
The Secretary shall carry out this subchapter through the use of the funds, facilities, and authorities of the Commodity Credit Corporation.
(Oct. 31, 1949, ch. 792, title VI, § 608, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 930.)
§ 1471g. Benefits limitation
(a) Total amount of benefits
(b) Issuance of regulations
The Secretary shall issue regulations—
(1) defining the term “person”, which shall conform, to the extent practicable, to the regulations defining the term “person” issued under section 1308 of this title (before the amendment made by section 1603(a) 1
1 See References in Text note below.
of the Food, Conservation, and Energy Act of 2008), or successor statute;(2) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this section; and
(3) providing that the term “person” shall include, in the case of any cooperative association of producers, each member of the association with respect to benefits due to such member of the association.
(c) Receipt of other disaster payments
(d) Total combined payment and benefits limitation
(Oct. 31, 1949, ch. 792, title VI, § 609, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 930; amended Pub. L. 110–234, title I, § 1603(g)(2), May 22, 2008, 122 Stat. 1011; Pub. L. 110–246, § 4(a), title I, § 1603(g)(2), June 18, 2008, 122 Stat. 1664, 1739; Pub. L. 113–79, title I, § 1609(b)(1), Feb. 7, 2014, 128 Stat. 709.)
§ 1471h. Ineligibility
(a) Any person that has qualifying gross revenues in excess of $2,500,000 annually, as determined by the Secretary, shall not be eligible to receive any livestock emergency benefits under this subchapter.
(b) For purposes of this section, the term “qualifying gross revenue” means—
(1) if a majority of the person’s annual income is received from farming and ranching operations, the gross revenue from the person’s farming and ranching operations; and
(2) if less than a majority of the person’s annual income is received from farming and ranching operations, the person’s gross revenue from all sources.
(Oct. 31, 1949, ch. 792, title VI, § 610, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 931.)
§ 1471i. Administration
(a) Regulations
(b) Processing and decisions to be made as quickly as practicable
(c) Indigenous plants not considered feed on hand
(Oct. 31, 1949, ch. 792, title VI, § 611, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 931.)
§ 1471j. Penalties
A person that disposes of any feed made available to a livestock producer under this subchapter other than as authorized by the Secretary shall be (1) subject to a civil penalty equal to the market value of the feed involved, to be recovered by the Secretary in a civil suit brought for that purpose, and (2) guilty of a misdemeanor and, on conviction thereof, subject to a fine of not more than $1,000, or imprisonment for not more than one year, or both.
(Oct. 31, 1949, ch. 792, title VI, § 612, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 931.)
§ 1472. Assistance for livestock producers
(a) Definition of livestock
(b) Availability of assistance
(c) Types of assistance
The assistance provided to livestock producers may be in the following forms:
(1) Indemnity payments to livestock producers who incur livestock mortality losses.
(2) Livestock feed assistance to livestock producers affected by shortages of feed.
(3) Compensation for sudden increases in production costs.
(4) Such other assistance, and for such other economic losses, as the Secretary considers appropriate.
(d) Limitations
(e) Authorization of appropriations
(Pub. L. 107–171, title X, § 10104, May 13, 2002, 116 Stat. 488; Pub. L. 108–447, div. A, title VII, § 785(b)(2), Dec. 8, 2004, 118 Stat. 2850; Pub. L. 109–97, title VII, § 784(b)(3), Nov. 10, 2005, 119 Stat. 2162.)