This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

27185 

Vol. 71, No. 90 

Wednesday, May 10, 2006 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 724 

RIN 3206–AJ93 

Implementation of Title II of the 

Notification and Federal Employee 

Antidiscrimination and Retaliation Act 

of 2002—Judgment Fund 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing final 

regulations to carry out the agency 

reimbursement provisions of Title II of 

the Notification and Federal Employee 

Antidiscrimination and Retaliation Act 

of 2002 (No FEAR Act). The No FEAR 

Act requires that the President or his 

designee promulgate rules to regulate 

agency reimbursement of the Judgment 

Fund for payments made to employees, 

former employees, or applicants for 

Federal employment because of actual 

or alleged violations of Federal 

antidiscrimination laws, Federal 

whistleblower protection laws, and/or 

retaliation claims arising from the 

assertion of rights under those laws. 

This rule implements the 

reimbursement provisions of Title II of 

the No FEAR Act. 

DATES: Effective Date: The final rule is 

effective October 1, 2003. 

FOR FURTHER INFORMATION CONTACT: Gary 

D. Wahlert by telephone at (202) 606– 

2930; by FAX at (202) 606–2613; or by 

e-mail at NoFEAR@opm.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The United States and its citizens are 

best served when the Federal workplace 

is free of discrimination and retaliation. 

In order to maintain a productive 

workplace that is fully engaged with the 

many important missions before the 

Government, it is essential that the 

rights of employees, former employees 

and applicants for Federal employment 

under antidiscrimination, and 

whistleblower protection laws be 

steadfastly protected and that agencies 

that violate these rights be held 

accountable. Congress has found that 

agencies cannot be run effectively if 

they practice or tolerate discrimination. 

In addition, Congress has found that 

requiring Federal agencies to pay for 

any discrimination or whistleblower 

judgment, award, or settlement should 

improve agency accountability under 

these laws. Therefore, under authority 

delegated by the President, OPM is 

issuing final regulations to implement 

the reimbursement provisions of Title II 

of the Federal Employee 

Antidiscrimination and Retaliation Act 

of 2002 (No FEAR Act), Public Law 

107–174. 

Introduction 

On January 22, 2004, OPM published 

at 69 FR 2997 (2004) an interim final 

rule implementing the reimbursement 

provisions of the No FEAR Act, and 

provided a 60-day comment period. The 

rule was effective October 1, 2003. On 

March 31, 2004, OPM at 69 FR 16769 

(2004) extended the comment period to 

April 26, 2004. OPM received 13 

comments from Federal agencies or 

departments, five comments from civil 

rights organizations, and more than a 

hundred comments from individuals. 

OPM thanks all who provided 

comments—each comment has been 

carefully considered. 

Hearings/Comment Period 

A significant number of commenters 

requested that OPM conduct public 

hearings on the No FEAR regulations 

and that OPM extend the comment 

period on the interim final rule 

published on January 22, 2004. OPM 

believes that the Administrative 

Procedures Act process for obtaining 

comments during the regulatory process 

is an appropriate method to capture 

public concerns and therefore has 

declined to conduct public hearings. 

However, to help ensure that OPM 

considers all concerns, OPM extended 

the comment period as noted 

previously. 

Definition of Agency 

The regulation’s definition of agency 

mirrors the statutory definition 

contained in section 103 of the No 

FEAR Act. One commenter pointed out, 

however, that the definition for agency 

is the one provided in 5 U.S.C 105. The 

commenter noted that this section of the 

statute does not include military 

departments as defined in 5 U.S.C. 102 

and suggested that military departments 

as a result would not reimburse the 

Judgment Fund. OPM has concluded 

that military departments are covered by 

the No FEAR Act because they are part 

of the Department of Defense. The 

statute at 5 U.S.C. 105 defines Executive 

Agency as including executive 

departments, one of which under 5 

U.S.C. 101 is the Department of Defense. 

The No FEAR Act requires agencies to 

reimburse the Judgment Fund for 

payments made in connection with 

proceedings involving Federal 

antidiscrimination and whistleblower 

protection laws. Section 724.102 of the 

interim final rule defined such a 

payment as ‘‘a disbursement from the 

Judgment Fund on or after October 1, 

2003’’ (the effective date of the 

reimbursement provision of the No 

FEAR Act). Thus, under the rule, if a 

payment is made from the Fund on or 

after that date based on a judgment, 

award, or settlement in such a 

proceeding, the agency is obligated to 

reimburse the Fund. A number of 

commenters expressed concern about 

this definition and suggested that it be 

modified. Some thought an agency’s 

obligation to reimburse the Fund should 

occur only if a judgment, award, or 

settlement occurs on or after that date. 

Others thought that an agency should 

not be obligated in any proceedings to 

which it was not originally a party (see 

later discussion about financial 

implications generally under Agency 

Obligations). Some thought an agency’s 

obligation should only accrue in 

proceedings that are initiated on or after 

October 1, 2003. OPM understands that 

there may be significant financial 

implications associated with this rule 

and that some may perceive the rule to 

be unfair. Nevertheless, OPM has 

determined that its definition of 

payment (and thus describing agencies’ 

reimbursement obligations) reflects 

Congressional intent. OPM does believe, 

however, that the term payment is a 

broad concept and may include a 


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number of separate payments. For 

example, a judgment, award or 

settlement may call for separate 

payments over an extended period of 

time, subsequent payments may be 

based on some future condition, 

separate payments may be made to 

individual members of a class action, 

and separate payments may be made for 

attorney fees. Because there may be 

many payments involved in a given 

proceeding, OPM is responding to the 

previous comments by modifying the 

definition to clarify that ‘‘payment’’

means the first disbursement in a 

particular proceeding. For example if 

the Judgment Fund made a 

disbursement in a proceeding before 

October 1, 2003, any subsequent 

disbursement made in that same 

proceeding on or after October 1, 2003, 

would not be considered payments that 

would obligate the agency involved to 

reimburse the Fund. However, if a 

proceeding was pending before October 

1, 2003, and the first disbursement from 

the Fund in that proceeding occurred on 

or after October 1, 2003, the agency 

would be obligated to reimburse the 

Fund. 

One commenter stated that the types 

of actions on which payments from the 

Judgment Fund are made could be 

misunderstood. OPM agrees and has 

modified the definition in section 

724.102 by inserting additional statutory 

references and using the phrase ‘‘or 

retaliatory conduct’’ as appropriate. 

This should help eliminate any 

confusion about which payments are 

covered by the No FEAR Act. 

Finally, with regard to payments, 

OPM notes that the No FEAR Act does 

not change the criteria or process for 

obtaining payments from the Judgment 

Fund; it only creates a reimbursement 

requirement for agencies. In other 

words, the No FEAR Act does not 

authorize agencies to make payments 

directly to employees, former 

employees, or applicants for Federal 

employment that, prior to the No FEAR 

Act, would have been made from the 

Judgment Fund. Judgments, awards, or 

settlements that were eligible for 

payment from the Judgment Fund before 

the No FEAR Act became effective will 

continue to be paid by the Judgment 

Fund. 

Agency Obligations 

With regard to agency obligations, a 

number of commenters suggested that 

the regulations take into account the fact 

that the agency or organization currently 

assigned as a party to a proceeding may 

not have been the original party to the 

proceedings because of reorganization, 

transfer of function, etc. The No FEAR 

Act draws no distinctions between 

original and successor agencies in 

proceedings and OPM is reluctant to do 

so as well. By inserting a parenthetical 

phrase in section 724.103, OPM 

confirms that the obligation to 

reimburse the Judgment Fund extends 

to successor agencies. In those 

proceedings where financial 

considerations are paramount, OPM 

notes that Congress understood that an 

agency may need to complete its 

reimbursement of the Fund over a 

period of years under the circumstances 

described in section 102 of the Act, i.e., 

to avoid reductions in force, furloughs, 

other reductions in compensation or 

benefits for the workforce of the agency 

or to avoid an adverse effect on the 

mission of the agency. (Several 

commenters suggested that these 

circumstances be described in the 

regulations but OPM has declined since 

the Act itself is clear.) As further 

indication that Congress understood this 

potential circumstance, the No FEAR 

Act requires agencies to report on any 

adjustments in their budgets made in 

order to comply with reimbursement 

obligations. 

Procedures 

Section 724.104(a) of the interim final 

rule stated that FMS would notify 

agencies within 15 business days after 

January 22, 2004, of any payments from 

the Judgment Fund between October 1, 

2003, and January 22, 2004, involving 

those agencies. This notice period has 

expired and thus OPM is deleting the 

provision from the final rule. 

Several commenters had questions 

about the means FMS would use to 

notify agencies under section 724.104(a) 

that a payment has been made from the 

Judgment Fund. OPM has clarified this 

section to reflect the intent that such 

notices be in writing. 

A number of commenters stated that 

section 724.104(b) is unclear about the 

time frame that would apply to an 

agency’s obligation to reimburse the 

Judgment Fund or contact FMS to make 

arrangements. OPM notes that the intent 

of this provision is to require agencies 

to reimburse the Fund or contact FMS 

within 45 business days after they 

receive the FMS notice. Accordingly, 

OPM has modified the section to reflect 

this intent more clearly. Other 

suggestions included lengthening the 

time frames applicable to agencies and 

adding appeal procedures for agencies 

to follow if FMS’ notices are disputed. 

OPM believes that the stated time 

frames are reasonable and appropriate 

and that, in the event there is a dispute 

between an agency and FMS, an agency 

may discuss that dispute with FMS 

without utilizing a special appeals 

procedure. Therefore, OPM declines to 

make additional modifications to 

§ 724.104(b). 

Compliance 

A number of commenters stated that 

the § 724.105 requirement for FMS to 

record on an annual basis and post on 

the FMS Web site information about 

agencies that fail to meet their Judgment 

Fund reimbursement obligations is an 

inadequate response to such failures. 

Several suggested alternatives such as 

posting the names of responsible 

officials, disciplining responsible 

officials, or notifying Congress. The No 

FEAR Act provides no specific 

enforcement authority and OPM 

declines to assume such a role without 

authorization. OPM notes, however, that 

agencies are required by the No FEAR 

Act to report to Congress and others on 

the amount of money required to be 

reimbursed to the Judgment Fund by 

those agencies. (OPM will issue separate 

regulations on this and other reporting 

requirements.) One commenter also 

suggested that a process be described for 

removing postings from FMS Web site 

once the Judgment Fund is reimbursed. 

OPM agrees that such a process would 

be appropriate and has amended section 

724.105 so that postings will be 

removed during the annual posting 

following the date when the agency 

comes into compliance with the No 

FEAR Act. 

Miscellaneous Comments 

A significant number of comments 

noted that the interim final rule on 

reimbursement of the Judgment Fund 

did not address the topics of 

notification, training, reporting, and 

disciplinary best practices that are 

covered by the No FEAR Act. As noted 

in the Supplementary Information in the 

interim final rule, OPM will issue 

regulations on each of these topics 

separately. 

A number of comments addressed 

subject matter covered by Title III of the 

No FEAR Act. Congress assigned the 

responsibility for issuing regulations 

under that Title to the Equal 

Employment Opportunity Commission. 

Since OPM lacks authority under Title 

III, it is unable to respond to those 

comments. 

Immediate Implementation of Final 

Rule 

Immediate implementation of this 

final rule is based upon the exceptions 

found at 5 U.S.C. 553(b)(A), (b)(3)(B) 

and (d). The agency obligations under 

the No FEAR Act to reimburse the 

Judgment Fund began on October 1, 


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Federal Register / Vol. 71, No. 90 / Wednesday, May 10, 2006 / Rules and Regulations 27187 

2003. Interim final rules covering these 

obligations were published on January 

22, 2004, and were effective on October 

1, 2003. It was essential, at the time of 

initial publication, that all agencies be 

placed in a position to understand their 

responsibilities regarding this 

requirement. The revisions to these 

rules make some adjustments to our 

description of agency obligations that 

we believe should be retroactive to 

October 1, 2003. OPM has determined 

under 5 U.S.C. 553(b)(3)(A) that the 

reimbursement provision only affects 

the rules of agency organization, 

procedure, or practice and has no effect 

on the substantive rights of those 

entitled to payment from the Judgment 

Fund. OPM has determined under 5 

U.S.C. 553(b)(3)(B) that it would be 

contrary to the public interest to delay 

promulgation of the rules governing the 

reimbursement provisions of the No 

FEAR Act. For the same reasons, OPM 

has determined under 5 U.S.C. 553(d)(3) 

that there is good cause for the final rule 

to become effective upon publication 

retroactive to October 1, 2003. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because the regulations pertain only to 

Federal employees and agencies. 

E.O. 12866—Regulatory Review 

This final rule has been reviewed by 

the Office of Management and Budget 

under Executive Order 12866. 

E.O. 13132 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant preparation of a Federalism 

Assessment. 

E.O. 12988—Civil Justice Reform 

This regulation meets the applicable 

standard set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Congressional Review Act 

This action pertains to agency 

management, personnel and 

organization and does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act (Subtitle E of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA)). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 5 CFR Part 724 

Administrative practice and 

procedure, Civil rights, Claims. 

U.S. Office of Personnel Management. 

Linda M. Springer, 

Director. 

■ Accordingly, OPM is adopting the 

interim rule that added part 724 to title 

5, Code of Federal Regulations, which 

was published at 69 FR 2997 on January 

22, 2004, as final with the following 

changes. Part 724 is revised to read as 

follows: 

PART 724—IMPLEMENTATION OF 

TITLE II OF THE NOTIFICATION AND 

FEDERAL EMPLOYEE 

ANTIDISCRIMINATION AND 

RETALIATION ACT OF 2002 

Subpart A—Reimbursement of Judgment 

Fund 

Sec. 

724.101 Purpose and scope. 

724.102 Definitions. 

724.103 Agency obligations. 

724.104 Procedures. 

724.105 Compliance. 

724.106 Effective date. 

Subpart B—Notification of Rights and 

Protections and Training [Reserved] 

Subpart C—Annual Report [Reserved] 

Subpart D—Best Practices [Reserved] 

Authority: Sec. 204 of Pub. L. 107–174, 116 

Stat. 566; Presidential Memorandum dated 

July 8, 2003, ‘‘Delegation of Authority Under 

Section 204(a) of the Notification and Federal 

Employee Antidiscrimination Act of 2002.’’

Subpart A—Reimbursement of 

Judgement Fund 

§ 724.101 Purpose and scope. 

This subpart implements Title II of 

the Notification and Federal Employee 

Antidiscrimination and Retaliation Act 

of 2002 concerning the obligation of 

Federal agencies to reimburse the 

Judgment Fund for payments. The 

regulations describe agency obligations 

and the procedures for reimbursement 

and compliance. 

§ 724.102 Definitions. 

In this part: 

Agency means an Executive agency as 

defined in 5 U.S.C. 105, the United 

States Postal Service, or the Postal Rate 

Commission; 

Applicant for Federal employment 

means an individual applying for 

employment in or under a Federal 

agency; 

Employee means an individual 

employed in or under a Federal agency; 

Former Employee means an 

individual formerly employed in or 

under a Federal agency; 

Judgment Fund means the Judgment 

Fund established by 31 U.S.C. 1304; 

No FEAR Act means the ‘‘Notification 

and Federal Employee 

Antidiscrimination and Retaliation Act 

of 2002;’’

Payment, subject to the following 

exception, means a disbursement from 

the Judgment Fund on or after October 

1, 2003, to an employee, former 

employee, or applicant for Federal 

employment, in accordance with 28 

U.S.C. 2414, 2517, 2672, 2677 or with 

31 U.S.C. 1304, that involves alleged 

discriminatory or retaliatory conduct 

described in 5 U.S.C. 2302(b)(1) and 

(b)(8) or (b)(9) as applied to conduct 

described in 5 U.S.C. 2302(b)(1) and/or 

(b)(8) or conduct described in 29 U.S.C. 

206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 

U.S.C. 791 and 42 U.S.C. 2000e-16. For 

a proceeding involving more than one 

disbursement from the Judgment Fund, 

however, this term shall apply only if 

the first disbursement occurred on or 

after October 1, 2003. 

§ 724.103 Agency obligations. 

A Federal agency (or its successor 

agency) must reimburse the Judgment 

Fund for payments covered by the No 

FEAR Act. Such reimbursement must be 

made within a reasonable time as 

described in § 724.104. 

§ 724.104 Procedures. 

(a) The procedures that agencies must 

use to reimburse the Judgment Fund are 

those prescribed by the Financial 

Management Service (FMS), the 

Department of the Treasury, in Chapter 

3100 of the Treasury Financial Manual. 

All reimbursements to the Judgment 

Fund covered by the No FEAR Act are 

expected to be fully collectible from the 

agency. FMS will provide written notice 

to the agency’s Chief Financial Officer 

within 15 business days after payment 

from the Judgment Fund. 

(b) Within 45 business days of 

receiving the FMS notice, agencies must 


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reimburse the Judgment Fund or contact 

FMS to make arrangements in writing 

for reimbursement. 

§ 724.105 Compliance. 

An agency’s failure to reimburse the 

Judgment Fund, to contact FMS within 

45 business days after receipt of an FMS 

notice for reimbursement under 

§ 724.104 will be recorded on an annual 

basis and posted on the FMS Web site. 

After an agency meets the requirements 

of § 724.104, the recording will be 

eliminated no later than the next annual 

posting process. 

§ 724.106 Effective date. 

This subpart is effective on October 1, 

2003. 

Subpart B—Notification of Rights and 

Protections and Training [Reserved] 

Subpart C—Annual Report [Reserved] 

Subpart D—Best Practices [Reserved] 

[FR Doc. 06–4319 Filed 5–9–06; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

7 CFR Part 760 

RIN 0560–AH45 

2005 Section 32 Hurricane Disaster 

Programs 

AGENCY: Farm Service Agency, USDA. 

ACTION: Interim final rule with request 

for comment. 

SUMMARY: The Farm Service Agency 

(FSA) issues this interim final rule in 

response to emergency agricultural 

situations caused by the 2005 

Hurricanes Dennis, Katrina, Ophelia, 

Rita, and Wilma in certain counties in 

Alabama, Florida, Louisiana, 

Mississippi, North Carolina, and Texas. 

The named hurricanes severely limited 

the purchasing power of farmers 

engaged in the production of 

agricultural commodities. This rule 

provides for the establishment of four 

hurricane disaster programs and one 

grant program using an estimated $250 

million in funds available under section 

32 of the Act of August 24, 1935, to be 

administered by FSA in order to provide 

funds to eligible producers who suffered 

eligible losses, thus reestablishing these 

producers’ purchasing power. The 

grants will be provided to the respective 

States to enable them to assist 

aquaculture producers having losses 

related to the aforementioned 2005 

hurricanes. 

DATES: This interim final rule is 

effective May 9, 2006. Written 

comments via letter, facsimile, or 

Internet must be received on or before 

June 9, 2006 in order to be assured 

consideration. 

ADDRESSES: FSA invites interested 

persons to submit comments on this 

interim final rule. Comments may be 

submitted by any of the following 

methods: 

• E-mail: Send comments to 

Diane.Sharp@wdc.usda.gov. 

• Fax: Submit comments by facsimile 

transmission to: (202) 690–2130. 

• Mail: Send comments to: Diane 

Sharp, Director, Production, 

Emergencies, and Compliance Division; 

Farm Service Agency; United States 

Department of Agriculture, STOP 0517, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0517. 

• Hand Delivery or Courier: Deliver 

comments to: Diane Sharp, Director, 

Production, Emergencies, and 

Compliance Division; Farm Service 

Agency; United States Department of 

Agriculture, Rm. 4754–S, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0517 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Diane Sharp, Director, Production, 

Emergencies, and Compliance Division; 

Farm Service Agency; United States 

Department of Agriculture, STOP 0517, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0517; telephone 

(202) 720–7641; e-mail 

Diane.Sharp@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

2005 Section 32 Hurricane Disaster 

Programs 

Section 32 of the Act of August 24, 

1935, as amended (section 32) provides, 

in part, discretionary authority for the 

Secretary of Agriculture (the Secretary) 

to use section 32 funds to reestablish 

farmers’ purchasing power by making 

payments to them in connection with 

the normal production of agricultural 

commodities produced for domestic 

consumption. This authority has been 

used in the past to provide assistance to 

producers in response to unusual 

market conditions that adversely 

affected them. Therefore, the Secretary 

is using funds available under section 

32 in order to restore purchasing power 

to farmers affected by the significant 

and widespread destruction caused by 

the 2005 Hurricanes Dennis, Katrina, 

Ophelia, Rita, and Wilma in applicable 

counties in Alabama, Florida, Louisiana, 

Mississippi, North Carolina, and Texas. 

The hurricanes destroyed and damaged 

trees, killed livestock, destroyed feed, 

and adversely impacted crop 

production, including aquaculture. This 

interim final rule addresses the 

hurricane destruction in those counties 

receiving a Presidential or Secretarial 

Designation as a primary county. 

Accordingly, the Secretary has 

determined that assistance is 

appropriate under this authority in 

these counties by providing the 

following programs: 

• The Hurricane Indemnity Program 

(HIP) will provide payments to eligible 

producers who receive either a Federal 

Crop Insurance Corporation crop 

insurance indemnity payment or a crop 

loss payment under FSA’s Noninsured 

Crop Disaster Assistance Program (NAP) 

for crop losses that are primarily 

attributable to one of the five listed 

hurricanes in an eligible county. HIP 

payments will be equal to 30 percent of 

the Risk Management Agency crop 

insurance indemnity or 30 percent of 

the NAP payment, subject to the 

limitations of this rule. Producers 

suffering crop losses due to an eligible 

hurricane may have been impacted by 

other causes of loss, not related to such 

a hurricane, prior to the hurricane 

occurrence. As a result, if a crop 

insurance indemnity or NAP payment 

was received for multiple causes of loss, 

including hurricane and related 

conditions, the entire crop insurance 

indemnity or NAP payment will be used 

to determine the HIP benefit. Since 

losses under both programs are not 

finalized until after harvest is completed 

or crop is abandoned RMA and FSA are 

unable to specifically prorate crop 

insurance indemnities or NAP payments 

strictly due to hurricane. If FSA 

determines that the cause of loss was 

not due to a hurricane or related 

condition, no payment will be made. 

• The Feed Indemnity Program (FIP) 

will provide payments for feed losses or 

increased feed costs to eligible owners, 

or cash lessees, of eligible livestock in 

eligible counties due to 2005 hurricanes. 

Payments will be based on per-day feed 

needs for each type of eligible livestock. 

• The Livestock Indemnity Program 

(LIP) will provide payments to eligible 

livestock owners and contract growers 

who suffered eligible livestock deaths 

that occurred in an eligible county due 

to 2005 hurricanes. Payments will be 

based on 75 percent of an average 

market value of the eligible livestock for 

non-contract growers and 75 percent of 


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