shall be made at a rate of 75 percent of the market 
value of the applicable livestock on the day before 
the date of death of the livestock, as determined by 
the Secretary. 
‘‘(3) SPECIAL RULE FOR PAYMENTS MADE DUE 
TO DISEASE.—The Secretary shall ensure that pay-
ments made to an eligible producer under paragraph 
(1) are not made for the same livestock losses for 
which compensation is provided pursuant to section 
10407(d) of the Animal Health Protection Act (7 
U.S.C. 8306(d)). 
‘‘(c) LIVESTOCK FORAGE DISASTER PROGRAM.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED LIVESTOCK.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the term ‘covered live-
stock’ means livestock of an eligible live-
stock producer that, during the 60 days 
prior to the beginning date of a qualifying 
drought or fire condition, as determined by 
the Secretary, the eligible livestock pro-
ducer— 
‘‘(I) owned; 
‘‘(II) leased; 
‘‘(III) purchased; 
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‘‘(IV) entered into a contract to 
purchase; 
‘‘(V) is a contract grower; or 
‘‘(VI) sold or otherwise disposed 
of due to qualifying drought condi-
tions during— 
‘‘(aa) the current production 
year; or 
‘‘(bb) subject to paragraph 
(3)(B)(ii), 1 or both of the 2 pro-
duction years immediately pre-
ceding the current production 
year. 
‘‘(ii) EXCLUSION.—The term ‘covered 
livestock’ does not include livestock that 
were or would have been in a feedlot, on 
the beginning date of the qualifying 
drought or fire condition, as a part of the 
normal business operation of the eligible 
livestock producer, as determined by the 
Secretary. 
‘‘(B) 
DROUGHT
MONITOR.—The 
term 
‘drought 
monitor’ 
means 
a 
system 
for 
classifying drought severity according to a 
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range of abnormally dry to exceptional drought, 
as defined by the Secretary. 
‘‘(C) ELIGIBLE LIVESTOCK PRODUCER.— 
‘‘(i) IN GENERAL.—The term ‘eligible 
livestock producer’ means an eligible pro-
ducer on a farm that— 
‘‘(I) is an owner, cash or share 
lessee, or contract grower of covered 
livestock that provides the pastureland 
or grazing land, including cash-leased 
pastureland or grazing land, for the 
livestock; 
‘‘(II) provides the pastureland or 
grazing land for covered livestock, in-
cluding cash-leased pastureland or 
grazing land that is physically located 
in a county affected by drought; 
‘‘(III) certifies grazing loss; and 
‘‘(IV) meets all other eligibility 
requirements established under this 
subsection. 
‘‘(ii) EXCLUSION.—The term ‘eligible 
livestock producer’ does not include an 
owner, cash or share lessee, or contract 
grower of livestock that rents or leases 
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pastureland or grazing land owned by an-
other person on a rate-of-gain basis. 
‘‘(D) NORMAL CARRYING CAPACITY.—The 
term ‘normal carrying capacity’, with respect to 
each type of grazing land or pastureland in a 
county, means the normal carrying capacity, as 
determined under paragraph (3)(D)(i), that 
would be expected from the grazing land or 
pastureland for livestock during the normal 
grazing period, in the absence of a drought or 
fire that diminishes the production of the graz-
ing land or pastureland. 
‘‘(E) NORMAL
GRAZING
PERIOD.—The 
term ‘normal grazing period’, with respect to a 
county, means the normal grazing period during 
the calendar year for the county, as determined 
under paragraph (3)(D)(i). 
‘‘(2) PROGRAM.—For each of the fiscal years 
2012 through 2017, the Secretary shall use such 
sums as are necessary of the funds of the Com-
modity Credit Corporation to provide compensation 
for losses to eligible livestock producers due to graz-
ing losses for covered livestock due to— 
‘‘(A) a drought condition, as described in 
paragraph (3); or 
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‘‘(B) fire, as described in paragraph (4). 
‘‘(3) 
ASSISTANCE
FOR
LOSSES
DUE
TO 
DROUGHT CONDITIONS.— 
‘‘(A) ELIGIBLE LOSSES.— 
‘‘(i) IN
GENERAL.—An eligible live-
stock producer may receive assistance 
under this subsection only for grazing 
losses for covered livestock that occur on 
land that— 
‘‘(I) 
is 
native 
or 
improved 
pastureland with permanent vegeta-
tive cover; or 
‘‘(II) is planted to a crop planted 
specifically for the purpose of pro-
viding grazing for covered livestock. 
‘‘(ii) EXCLUSIONS.—An eligible live-
stock producer may not receive assistance 
under this subsection for grazing losses 
that occur on land used for haying or graz-
ing under the conservation reserve pro-
gram established under subchapter B of 
chapter 1 of subtitle D of title XII of the 
Food Security Act of 1985 (16 U.S.C. 
3831 et seq.). 
‘‘(B) MONTHLY PAYMENT RATE.— 
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‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the payment rate for 
assistance under this paragraph for 1 
month shall, in the case of drought, be 
equal to 60 percent of the lesser of— 
‘‘(I) the monthly feed cost for all 
covered livestock owned or leased by 
the eligible livestock producer, as de-
termined under subparagraph (C); or 
‘‘(II) the monthly feed cost cal-
culated by using the normal carrying 
capacity of the eligible grazing land of 
the eligible livestock producer. 
‘‘(ii) PARTIAL
COMPENSATION.—In 
the case of an eligible livestock producer 
that sold or otherwise disposed of covered 
livestock due to drought conditions in 1 or 
both of the 2 production years immediately 
preceding the current production year, as 
determined by the Secretary, the payment 
rate shall be 80 percent of the payment 
rate otherwise calculated in accordance 
with clause (i). 
‘‘(C) MONTHLY FEED COST.— 
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‘‘(i) IN GENERAL.—The monthly feed 
cost shall equal the product obtained by 
multiplying— 
‘‘(I) 30 days; 
‘‘(II) a payment quantity that is 
equal to the feed grain equivalent, as 
determined under clause (ii); and 
‘‘(III) a payment rate that is 
equal to the corn price per pound, as 
determined under clause (iii). 
‘‘(ii) FEED GRAIN EQUIVALENT.—For 
purposes of clause (i)(II), the feed grain 
equivalent shall equal— 
‘‘(I) in the case of an adult beef 
cow, 15.7 pounds of corn per day; or 
‘‘(II) in the case of any other 
type of weight of livestock, an amount 
determined by the Secretary that rep-
resents the average number of pounds 
of corn per day necessary to feed the 
livestock. 
‘‘(iii) CORN PRICE PER POUND.—For 
purposes of clause (i)(III), the corn price 
per pound shall equal the quotient ob-
tained by dividing— 
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‘‘(I) the higher of— 
‘‘(aa) the national average 
corn price per bushel for the 12- 
month period immediately pre-
ceding March 1 of the year for 
which the disaster assistance is 
calculated; or 
‘‘(bb) the national average 
corn price per bushel for the 24- 
month period immediately pre-
ceding that March 1; by 
‘‘(II) 56. 
‘‘(D) NORMAL
GRAZING
PERIOD
AND 
DROUGHT MONITOR INTENSITY.— 
‘‘(i) FSA COUNTY
COMMITTEE
DE-
TERMINATIONS.— 
‘‘(I) IN
GENERAL.—The Sec-
retary shall determine the normal car-
rying capacity and normal grazing pe-
riod for each type of grazing land or 
pastureland in the county served by 
the applicable committee. 
‘‘(II) CHANGES.—No change to 
the normal carrying capacity or nor-
mal grazing period established for a 
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county under subclause (I) shall be 
made unless the change is requested 
by the appropriate State and county 
Farm Service Agency committees. 
‘‘(ii) DROUGHT INTENSITY.— 
‘‘(I) D2.—An eligible livestock 
producer that owns or leases grazing 
land or pastureland that is physically 
located in a county that is rated by 
the U.S. Drought Monitor as having a 
D2 (severe drought) intensity in any 
area of the county for at least 8 con-
secutive weeks during the normal 
grazing period for the county, as de-
termined by the Secretary, shall be el-
igible to receive assistance under this 
paragraph in an amount equal to 1 
monthly payment using the monthly 
payment rate determined under sub-
paragraph (B). 
‘‘(II) D3.—An eligible livestock 
producer that owns or leases grazing 
land or pastureland that is physically 
located in a county that is rated by 
the U.S. Drought Monitor as having 
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at least a D3 (extreme drought) in-
tensity in any area of the county at 
any time during the normal grazing 
period for the county, as determined 
by the Secretary, shall be eligible to 
receive assistance under this para-
graph— 
‘‘(aa) in an amount equal to 
2 monthly payments using the 
monthly payment rate deter-
mined under subparagraph (B); 
or 
‘‘(bb) if the county is rated 
as 
having 
a 
D3 
(extreme 
drought) intensity in any area of 
the county for at least 4 weeks 
during the normal grazing period 
for the county, or is rated as 
having 
a 
D4 
(exceptional 
drought) intensity in any area of 
the county at any time during 
the normal grazing period, in an 
amount equal to 3 monthly pay-
ments using the monthly pay-
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ment rate determined under sub-
paragraph (B). 
‘‘(4) ASSISTANCE FOR LOSSES DUE TO FIRE ON 
PUBLIC MANAGED LAND.— 
‘‘(A) IN
GENERAL.—An eligible livestock 
producer may receive assistance under this 
paragraph only if— 
‘‘(i) the grazing losses occur on range-
land that is managed by a Federal agency; 
and 
‘‘(ii) the eligible livestock producer is 
prohibited by the Federal agency from 
grazing the normal permitted livestock on 
the managed rangeland due to a fire. 
‘‘(B) PAYMENT RATE.—The payment rate 
for assistance under this paragraph shall be 
equal to 50 percent of the monthly feed cost for 
the total number of livestock covered by the 
Federal lease of the eligible livestock producer, 
as determined under paragraph (3)(C). 
‘‘(C) PAYMENT DURATION.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), an eligible livestock producer shall be 
eligible to receive assistance under this 
paragraph for the period— 
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‘‘(I) beginning on the date on 
which the Federal agency excludes the 
eligible livestock producer from using 
the managed rangeland for grazing; 
and 
‘‘(II) ending on the last day of 
the Federal lease of the eligible live-
stock producer. 
‘‘(ii) LIMITATION.—An eligible live-
stock producer may only receive assistance 
under this paragraph for losses that occur 
on not more than 180 days per year. 
‘‘(5) NO DUPLICATIVE PAYMENTS.— 
‘‘(A) IN
GENERAL.—An eligible livestock 
producer may elect to receive assistance for 
grazing or pasture feed losses due to drought 
conditions under paragraph (3) or fire under 
paragraph (4), but not both for the same loss, 
as determined by the Secretary. 
‘‘(B) RELATIONSHIP
TO
OTHER
ASSIST-
ANCE.—An eligible livestock producer that re-
ceives assistance under this subsection may not 
also receive assistance for losses to crops on the 
same land with the same intended use. 
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‘‘(d) EMERGENCY
ASSISTANCE
FOR
LIVESTOCK, 
HONEY BEES, AND FARM-RAISED FISH.— 
‘‘(1) IN GENERAL.—For each of the fiscal years 
2012 through 2017, the Secretary shall use not 
more than $20,000,000 of the funds of the Com-
modity Credit Corporation to provide emergency re-
lief to eligible producers of livestock, honey bees, and 
farm-raised fish to aid in the reduction of losses due 
to disease, adverse weather, or other conditions, such 
as blizzards and wildfires, as determined by the Sec-
retary, that are not covered under subsection (b) or 
(c). 
‘‘(2) USE OF FUNDS.—Funds made available 
under this subsection shall be used to reduce losses 
caused by feed or water shortages, disease, or other 
factors as determined by the Secretary. 
‘‘(3) AVAILABILITY
OF
FUNDS.—Any funds 
made available under this subsection shall remain 
available until expended. 
‘‘(e) PAYMENT LIMITATIONS.— 
‘‘(1) DEFINITIONS OF LEGAL ENTITY AND PER-
SON.—In this subsection, the terms ‘legal entity’ and 
‘person’ have the meaning given those terms in sec-
tion 1001(a) of the Food Security Act of 1985 (7 
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U.S.C. 1308(a) (as amended by section 1603 of the 
Food, Conservation, and Energy Act of 2008). 
‘‘(2) AMOUNT.—The total amount of disaster 
assistance payments received, directly or indirectly, 
by a person or legal entity (excluding a joint venture 
or general partnership) under this section may not 
exceed $100,000 for any crop year. 
‘‘(3) DIRECT
ATTRIBUTION.—Subsections (e) 
and (f) of section 1001 of the Food Security Act of 
1985 (7 U.S.C. 1308) or any successor provisions 
relating to direct attribution shall apply with respect 
to assistance provided under this section.’’. 
Æ 
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