I 

112TH CONGRESS 

2D SESSION H. R. 4948 

To amend the Federal Crop Insurance Act to extend certain supplemental 

agricultural disaster assistance programs through fiscal year 2017, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2012 

Mrs. NOEM introduced the following bill; 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 

through fiscal year 2017, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Livestock Disaster 

5 Protection Act’’. 


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1 SEC. 2. EXTENSION OF CERTAIN SUPPLEMENTAL AGRICUL2 TURAL DISASTER ASSISTANCE PROGRAMS 

3 WITH NEW FUNDING MECHANISM. 

4 Section 531 of the Federal Crop Insurance Act (7 

5 U.S.C. 1531) is amended to read as follows: 

6 ‘‘SEC. 531. SUPPLEMENTAL AGRICULTURAL DISASTER AS7 SISTANCE. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ELIGIBLE PRODUCER ON A FARM.— 

10 ‘‘(A) IN GENERAL.—The term ‘eligible pro11 ducer on a farm’ means an individual or entity 

12 described in subparagraph (B) that, as deter13 mined by the Secretary, assumes the production 

14 and market risks associated with the agricul15 tural production of crops or livestock. 

16 ‘‘(B) DESCRIPTION.—An individual or en17 tity referred to in subparagraph (A) is— 

18 ‘‘(i) a citizen of the United States; 

19 ‘‘(ii) a resident alien; 

20 ‘‘(iii) a partnership of citizens of the 

21 United States; or 

22 ‘‘(iv) a corporation, limited liability 

23 corporation, or other farm organizational 

24 structure organized under State law. 

25 ‘‘(2) FARM.— 


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1 ‘‘(A) IN GENERAL.—The term ‘farm’ 

2 means, in relation to an eligible producer on a 

3 farm, the crop acreage in all counties that is 

4 planted or intended to be planted for harvest 

5 for sale or on-farm livestock feeding (including 

6 native grassland intended for haying) by the eli7 gible producer. 

8 ‘‘(B) AQUACULTURE.—In the case of 

9 aquaculture, the term ‘farm’ means, in relation 

10 to an eligible producer on a farm, all fish being 

11 produced in all counties that are intended to be 

12 harvested for sale by the eligible producer. 

13 ‘‘(C) HONEY.—In the case of honey, the 

14 term ‘farm’ means, in relation to an eligible 

15 producer on a farm, all bees and beehives in all 

16 counties that are intended to be harvested for 

17 a honey crop for sale by the eligible producer. 

18 ‘‘(3) FARM-RAISED FISH.—The term ‘farm19 raised fish’ means any aquatic species that is propa20 gated and reared in a controlled environment. 

21 ‘‘(4) LIVESTOCK.—The term ‘livestock’ in22 cludes— 

23 ‘‘(A) cattle (including dairy cattle); 

24 ‘‘(B) bison; 

25 ‘‘(C) poultry; 


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1 ‘‘(D) sheep; 

2 ‘‘(E) swine; 

3 ‘‘(F) horses; and 

4 ‘‘(G) other livestock, as determined by the 

5 Secretary. 

6 ‘‘(b) LIVESTOCK INDEMNITY PAYMENTS.— 

7 ‘‘(1) PAYMENTS.—For each of the fiscal years 

8 2012 through 2017, the Secretary shall use such 

9 sums as are necessary of the funds of the Com10 modity Credit Corporation to make livestock indem11 nity payments to eligible producers on farms that 

12 have incurred livestock death losses in excess of the 

13 normal mortality, as determined by the Secretary, 

14 due to— 

15 ‘‘(A) attacks by animals reintroduced into 

16 the wild by the Federal Government or pro17 tected by Federal law, including wolves and 

18 avian predators; or 

19 ‘‘(B) adverse weather, as determined by 

20 the Secretary, during the calendar year, includ21 ing losses due to hurricanes, floods, blizzards, 

22 disease, wildfires, extreme heat, and extreme 

23 cold. 

24 ‘‘(2) PAYMENT RATES.—Indemnity payments to 

25 an eligible producer on a farm under paragraph (1) 


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1 shall be made at a rate of 75 percent of the market 

2 value of the applicable livestock on the day before 

3 the date of death of the livestock, as determined by 

4 the Secretary. 

5 ‘‘(3) SPECIAL RULE FOR PAYMENTS MADE DUE

6 TO DISEASE.—The Secretary shall ensure that pay7 ments made to an eligible producer under paragraph 

8 (1) are not made for the same livestock losses for 

9 which compensation is provided pursuant to section 

10 10407(d) of the Animal Health Protection Act (7 

11 U.S.C. 8306(d)). 

12 ‘‘(c) LIVESTOCK FORAGE DISASTER PROGRAM.— 

13 ‘‘(1) DEFINITIONS.—In this subsection: 

14 ‘‘(A) COVERED LIVESTOCK.— 

15 ‘‘(i) IN GENERAL.—Except as pro16 vided in clause (ii), the term ‘covered live17 stock’ means livestock of an eligible live18 stock producer that, during the 60 days 

19 prior to the beginning date of a qualifying 

20 drought or fire condition, as determined by 

21 the Secretary, the eligible livestock pro22 ducer— 

23 ‘‘(I) owned; 

24 ‘‘(II) leased; 

25 ‘‘(III) purchased; 


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1 ‘‘(IV) entered into a contract to 

2 purchase; 

3 ‘‘(V) is a contract grower; or 

4 ‘‘(VI) sold or otherwise disposed 

5 of due to qualifying drought condi6 tions during— 

7 ‘‘(aa) the current production 

8 year; or 

9 ‘‘(bb) subject to paragraph 

10 (3)(B)(ii), 1 or both of the 2 pro11 duction years immediately pre12 ceding the current production 

13 year. 

14 ‘‘(ii) EXCLUSION.—The term ‘covered 

15 livestock’ does not include livestock that 

16 were or would have been in a feedlot, on 

17 the beginning date of the qualifying 

18 drought or fire condition, as a part of the 

19 normal business operation of the eligible 

20 livestock producer, as determined by the 

21 Secretary. 

22 ‘‘(B) DROUGHT MONITOR.—The term 

23 ‘drought monitor’ means a system for 

24 classifying drought severity according to a 


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1 range of abnormally dry to exceptional drought, 

2 as defined by the Secretary. 

3 ‘‘(C) ELIGIBLE LIVESTOCK PRODUCER.— 

4 ‘‘(i) IN GENERAL.—The term ‘eligible 

5 livestock producer’ means an eligible pro6 ducer on a farm that— 

7 ‘‘(I) is an owner, cash or share 

8 lessee, or contract grower of covered 

9 livestock that provides the pastureland 

10 or grazing land, including cash-leased 

11 pastureland or grazing land, for the 

12 livestock; 

13 ‘‘(II) provides the pastureland or 

14 grazing land for covered livestock, in15 cluding cash-leased pastureland or 

16 grazing land that is physically located 

17 in a county affected by drought; 

18 ‘‘(III) certifies grazing loss; and 

19 ‘‘(IV) meets all other eligibility 

20 requirements established under this 

21 subsection. 

22 ‘‘(ii) EXCLUSION.—The term ‘eligible 

23 livestock producer’ does not include an 

24 owner, cash or share lessee, or contract 

25 grower of livestock that rents or leases 


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1 pastureland or grazing land owned by an2 other person on a rate-of-gain basis. 

3 ‘‘(D) NORMAL CARRYING CAPACITY.—The 

4 term ‘normal carrying capacity’, with respect to 

5 each type of grazing land or pastureland in a 

6 county, means the normal carrying capacity, as 

7 determined under paragraph (3)(D)(i), that 

8 would be expected from the grazing land or 

9 pastureland for livestock during the normal 

10 grazing period, in the absence of a drought or 

11 fire that diminishes the production of the graz12 ing land or pastureland. 

13 ‘‘(E) NORMAL GRAZING PERIOD.—The 

14 term ‘normal grazing period’, with respect to a 

15 county, means the normal grazing period during 

16 the calendar year for the county, as determined 

17 under paragraph (3)(D)(i). 

18 ‘‘(2) PROGRAM.—For each of the fiscal years 

19 2012 through 2017, the Secretary shall use such 

20 sums as are necessary of the funds of the Com21 modity Credit Corporation to provide compensation 

22 for losses to eligible livestock producers due to graz23 ing losses for covered livestock due to— 

24 ‘‘(A) a drought condition, as described in 

25 paragraph (3); or 


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1 ‘‘(B) fire, as described in paragraph (4). 

2 ‘‘(3) ASSISTANCE FOR LOSSES DUE TO

3 DROUGHT CONDITIONS.— 

4 ‘‘(A) ELIGIBLE LOSSES.— 

5 ‘‘(i) IN GENERAL.—An eligible live6 stock producer may receive assistance 

7 under this subsection only for grazing 

8 losses for covered livestock that occur on 

9 land that— 

10 ‘‘(I) is native or improved 

11 pastureland with permanent vegeta12 tive cover; or 

13 ‘‘(II) is planted to a crop planted 

14 specifically for the purpose of pro15 viding grazing for covered livestock. 

16 ‘‘(ii) EXCLUSIONS.—An eligible live17 stock producer may not receive assistance 

18 under this subsection for grazing losses 

19 that occur on land used for haying or graz20 ing under the conservation reserve pro21 gram established under subchapter B of 

22 chapter 1 of subtitle D of title XII of the 

23 Food Security Act of 1985 (16 U.S.C. 

24 3831 et seq.). 

25 ‘‘(B) MONTHLY PAYMENT RATE.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), the payment rate for 

3 assistance under this paragraph for 1 

4 month shall, in the case of drought, be 

5 equal to 60 percent of the lesser of— 

6 ‘‘(I) the monthly feed cost for all 

7 covered livestock owned or leased by 

8 the eligible livestock producer, as de9 termined under subparagraph (C); or 

10 ‘‘(II) the monthly feed cost cal11 culated by using the normal carrying 

12 capacity of the eligible grazing land of 

13 the eligible livestock producer. 

14 ‘‘(ii) PARTIAL COMPENSATION.—In 

15 the case of an eligible livestock producer 

16 that sold or otherwise disposed of covered 

17 livestock due to drought conditions in 1 or 

18 both of the 2 production years immediately 

19 preceding the current production year, as 

20 determined by the Secretary, the payment 

21 rate shall be 80 percent of the payment 

22 rate otherwise calculated in accordance 

23 with clause (i). 

24 ‘‘(C) MONTHLY FEED COST.— 


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1 ‘‘(i) IN GENERAL.—The monthly feed 

2 cost shall equal the product obtained by 

3 multiplying— 

4 ‘‘(I) 30 days; 

5 ‘‘(II) a payment quantity that is 

6 equal to the feed grain equivalent, as 

7 determined under clause (ii); and 

8 ‘‘(III) a payment rate that is 

9 equal to the corn price per pound, as 

10 determined under clause (iii). 

11 ‘‘(ii) FEED GRAIN EQUIVALENT.—For 

12 purposes of clause (i)(II), the feed grain 

13 equivalent shall equal— 

14 ‘‘(I) in the case of an adult beef 

15 cow, 15.7 pounds of corn per day; or 

16 ‘‘(II) in the case of any other 

17 type of weight of livestock, an amount 

18 determined by the Secretary that rep19 resents the average number of pounds 

20 of corn per day necessary to feed the 

21 livestock. 

22 ‘‘(iii) CORN PRICE PER POUND.—For 

23 purposes of clause (i)(III), the corn price 

24 per pound shall equal the quotient ob25 tained by dividing— 


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1 ‘‘(I) the higher of— 

2 ‘‘(aa) the national average 

3 corn price per bushel for the 12- 

4 month period immediately pre5 ceding March 1 of the year for 

6 which the disaster assistance is 

7 calculated; or 

8 ‘‘(bb) the national average 

9 corn price per bushel for the 24- 

10 month period immediately pre11 ceding that March 1; by 

12 ‘‘(II) 56. 

13 ‘‘(D) NORMAL GRAZING PERIOD AND

14 DROUGHT MONITOR INTENSITY.— 

15 ‘‘(i) FSA COUNTY COMMITTEE DE16 TERMINATIONS.— 

17 ‘‘(I) IN GENERAL.—The Sec18 retary shall determine the normal car19 rying capacity and normal grazing pe20 riod for each type of grazing land or 

21 pastureland in the county served by 

22 the applicable committee. 

23 ‘‘(II) CHANGES.—No change to 

24 the normal carrying capacity or nor25 mal grazing period established for a 


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1 county under subclause (I) shall be 

2 made unless the change is requested 

3 by the appropriate State and county 

4 Farm Service Agency committees. 

5 ‘‘(ii) DROUGHT INTENSITY.— 

6 ‘‘(I) D2.—An eligible livestock 

7 producer that owns or leases grazing 

8 land or pastureland that is physically 

9 located in a county that is rated by 

10 the U.S. Drought Monitor as having a 

11 D2 (severe drought) intensity in any 

12 area of the county for at least 8 con13 secutive weeks during the normal 

14 grazing period for the county, as de15 termined by the Secretary, shall be el16 igible to receive assistance under this 

17 paragraph in an amount equal to 1 

18 monthly payment using the monthly 

19 payment rate determined under sub20 paragraph (B). 

21 ‘‘(II) D3.—An eligible livestock 

22 producer that owns or leases grazing 

23 land or pastureland that is physically 

24 located in a county that is rated by 

25 the U.S. Drought Monitor as having 


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1 at least a D3 (extreme drought) in2 tensity in any area of the county at 

3 any time during the normal grazing 

4 period for the county, as determined 

5 by the Secretary, shall be eligible to 

6 receive assistance under this para7 graph— 

8 ‘‘(aa) in an amount equal to 

9 2 monthly payments using the 

10 monthly payment rate deter11 mined under subparagraph (B); 

12 or 

13 ‘‘(bb) if the county is rated 

14 as having a D3 (extreme 

15 drought) intensity in any area of 

16 the county for at least 4 weeks 

17 during the normal grazing period 

18 for the county, or is rated as 

19 having a D4 (exceptional 

20 drought) intensity in any area of 

21 the county at any time during 

22 the normal grazing period, in an 

23 amount equal to 3 monthly pay24 ments using the monthly payVerDate Mar 15 2010 04:32 May 02, 2012 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4948.IH H4948

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1 ment rate determined under sub2 paragraph (B). 

3 ‘‘(4) ASSISTANCE FOR LOSSES DUE TO FIRE ON

4 PUBLIC MANAGED LAND.— 

5 ‘‘(A) IN GENERAL.—An eligible livestock 

6 producer may receive assistance under this 

7 paragraph only if— 

8 ‘‘(i) the grazing losses occur on range9 land that is managed by a Federal agency; 

10 and 

11 ‘‘(ii) the eligible livestock producer is 

12 prohibited by the Federal agency from 

13 grazing the normal permitted livestock on 

14 the managed rangeland due to a fire. 

15 ‘‘(B) PAYMENT RATE.—The payment rate 

16 for assistance under this paragraph shall be 

17 equal to 50 percent of the monthly feed cost for 

18 the total number of livestock covered by the 

19 Federal lease of the eligible livestock producer, 

20 as determined under paragraph (3)(C). 

21 ‘‘(C) PAYMENT DURATION.— 

22 ‘‘(i) IN GENERAL.—Subject to clause 

23 (ii), an eligible livestock producer shall be 

24 eligible to receive assistance under this 

25 paragraph for the period— 


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1 ‘‘(I) beginning on the date on 

2 which the Federal agency excludes the 

3 eligible livestock producer from using 

4 the managed rangeland for grazing; 

5 and 

6 ‘‘(II) ending on the last day of 

7 the Federal lease of the eligible live8 stock producer. 

9 ‘‘(ii) LIMITATION.—An eligible live10 stock producer may only receive assistance 

11 under this paragraph for losses that occur 

12 on not more than 180 days per year. 

13 ‘‘(5) NO DUPLICATIVE PAYMENTS.— 

14 ‘‘(A) IN GENERAL.—An eligible livestock 

15 producer may elect to receive assistance for 

16 grazing or pasture feed losses due to drought 

17 conditions under paragraph (3) or fire under 

18 paragraph (4), but not both for the same loss, 

19 as determined by the Secretary. 

20 ‘‘(B) RELATIONSHIP TO OTHER ASSIST21 ANCE.—An eligible livestock producer that re22 ceives assistance under this subsection may not 

23 also receive assistance for losses to crops on the 

24 same land with the same intended use. 


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1 ‘‘(d) EMERGENCY ASSISTANCE FOR LIVESTOCK, 

2 HONEY BEES, AND FARM-RAISED FISH.— 

3 ‘‘(1) IN GENERAL.—For each of the fiscal years 

4 2012 through 2017, the Secretary shall use not 

5 more than $20,000,000 of the funds of the Com6 modity Credit Corporation to provide emergency re7 lief to eligible producers of livestock, honey bees, and 

8 farm-raised fish to aid in the reduction of losses due 

9 to disease, adverse weather, or other conditions, such 

10 as blizzards and wildfires, as determined by the Sec11 retary, that are not covered under subsection (b) or 

12 (c). 

13 ‘‘(2) USE OF FUNDS.—Funds made available 

14 under this subsection shall be used to reduce losses 

15 caused by feed or water shortages, disease, or other 

16 factors as determined by the Secretary. 

17 ‘‘(3) AVAILABILITY OF FUNDS.—Any funds 

18 made available under this subsection shall remain 

19 available until expended. 

20 ‘‘(e) PAYMENT LIMITATIONS.— 

21 ‘‘(1) DEFINITIONS OF LEGAL ENTITY AND PER22 SON.—In this subsection, the terms ‘legal entity’ and 

23 ‘person’ have the meaning given those terms in sec24 tion 1001(a) of the Food Security Act of 1985 (7 


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1 U.S.C. 1308(a) (as amended by section 1603 of the 

2 Food, Conservation, and Energy Act of 2008). 

3 ‘‘(2) AMOUNT.—The total amount of disaster 

4 assistance payments received, directly or indirectly, 

5 by a person or legal entity (excluding a joint venture 

6 or general partnership) under this section may not 

7 exceed $100,000 for any crop year. 

8 ‘‘(3) DIRECT ATTRIBUTION.—Subsections (e) 

9 and (f) of section 1001 of the Food Security Act of 

10 1985 (7 U.S.C. 1308) or any successor provisions 

11 relating to direct attribution shall apply with respect 

12 to assistance provided under this section.’’. 

Æ 


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