II 

110TH CONGRESS 

1ST SESSION S. 165 

To require the Secretary of Agriculture to provide compensation for certain 

livestock losses. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. ALLARD (for himself, Mr. ROBERTS, Mr. DOMENICI, Mr. INHOFE, and 

Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To require the Secretary of Agriculture to provide 

compensation for certain livestock losses. 

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 Assistance 

5 Act of 2007’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) DISASTER COUNTY.— 

9 (A) IN GENERAL.—The term ‘‘disaster 

10 county’’ means a county included in the geoVerDate Aug 31 2005 01:23 Jan 11, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S165.IS S165

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1 graphic area covered by a qualifying natural 

2 disaster declaration for calendar year 2006 or 

3 2007, or both, for which the request for the 

4 declaration was submitted during the period be5 ginning on January 1, 2006, and ending on the 

6 date of enactment of this Act. 

7 (B) INCLUSION.—The term ‘‘disaster 

8 county’’ includes a county contiguous to a coun9 ty described in subparagraph (A). 

10 (2) QUALIFYING NATURAL DISASTER DECLARA11 TION.—The term ‘‘qualifying natural disaster dec12 laration’’ means— 

13 (A) a natural disaster declared by the Sec14 retary under section 321(a) of the Consolidated 

15 Farm and Rural Development Act (7 U.S.C. 

16 1961(a)); or 

17 (B) a major disaster or emergency des18 ignated by the President under the Robert T. 

19 Stafford Disaster Relief and Emergency Assist20 ance Act (42 U.S.C. 5121 et seq.). 

21 (3) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Agriculture. 

23 SEC. 3. LIVESTOCK ASSISTANCE. 

24 (a) LIVESTOCK COMPENSATION PROGRAM.— 


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1 (1) USE OF COMMODITY CREDIT CORPORATION

2 FUNDS.—Effective beginning on the date of enact3 ment of this Act, the Secretary shall use funds of 

4 the Commodity Credit Corporation to carry out the 

5 2002 Livestock Compensation Program announced 

6 by the Secretary on October 10, 2002 (67 Fed. Reg. 

7 63070), to provide compensation for livestock losses 

8 due to blizzard and drought in the States of Colo9 rado, Kansas, Nebraska, New Mexico, and Okla10 homa. 

11 (2) ELIGIBLE APPLICANTS.—In carrying out 

12 the program described in paragraph (1), the Sec13 retary shall provide assistance to any applicant 

14 that— 

15 (A)(i) conducts a livestock operation that 

16 is located in a disaster county, including any 

17 applicant conducting a livestock operation in18 volving eligible livestock (within the meaning of 

19 the livestock assistance program under section 

20 101(b) of division B of Public Law 108–324 

21 (118 Stat. 1234)); or 

22 (ii) produces an animal described in sec23 tion 10806(a)(1) of the Farm Security and 

24 Rural Investment Act of 2002 (21 U.S.C. 

25 321d(a)(1)); and 


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1 (B) meets all other eligibility requirements 

2 established by the Secretary for the program. 

3 (3) MITIGATION.—In determining the eligibility 

4 for or amount of payments for which a producer is 

5 eligible under the livestock compensation program, 

6 the Secretary shall not penalize a producer that 

7 takes actions (recognizing disaster conditions) that 

8 reduce the average number of livestock the producer 

9 owned for grazing during the production year for 

10 which assistance is being provided. 

11 (b) LIVESTOCK INDEMNITY PAYMENTS.— 

12 (1) IN GENERAL.—The Secretary shall use such 

13 sums as are necessary of funds of the Commodity 

14 Credit Corporation to make livestock indemnity pay15 ments to producers on farms that have incurred live16 stock losses during calendar year 2006 or 2007, or 

17 both, due to a disaster, as determined by the Sec18 retary, including losses due to blizzard and drought. 

19 (2) PAYMENT RATES.—Indemnity payments to 

20 a producer on a farm under paragraph (1) shall be 

21 made at a rate of not less than 30 percent of the 

22 market value of the applicable livestock on the day 

23 before the date of death of the livestock, as deter24 mined by the Secretary. 

Æ 


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