I 
113TH CONGRESS 
1ST SESSION H. R. 1607 
To amend the Federal Crop Insurance Act to extend certain supplemental 
agricultural disaster assistance programs to cover fiscal years 2012 
through 2018, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2013 
Mrs. NOEM (for herself and Mr. TERRY) 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 
to cover fiscal years 2012 through 2018, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Livestock Disaster 
Protection Act’’. 
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SEC. 2. EXTENSION OF CERTAIN SUPPLEMENTAL AGRICUL-
TURAL DISASTER ASSISTANCE PROGRAMS 
WITH NEW FUNDING MECHANISM. 
Section 531 of the Federal Crop Insurance Act (7 
U.S.C. 1531) is amended to read as follows: 
‘‘SEC. 531. SUPPLEMENTAL AGRICULTURAL DISASTER AS-
SISTANCE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE PRODUCER ON A FARM.— 
‘‘(A) IN GENERAL.—The term ‘eligible pro-
ducer on a farm’ means an individual or entity 
described in subparagraph (B) that, as deter-
mined by the Secretary, assumes the production 
and market risks associated with the agricul-
tural production of crops or livestock. 
‘‘(B) DESCRIPTION.—An individual or en-
tity referred to in subparagraph (A) is— 
‘‘(i) a citizen of the United States; 
‘‘(ii) a resident alien; 
‘‘(iii) a partnership of citizens of the 
United States; or 
‘‘(iv) a corporation, limited liability 
corporation, or other farm organizational 
structure organized under State law. 
‘‘(2) FARM.— 
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‘‘(A) IN
GENERAL.—The term ‘farm’ 
means, in relation to an eligible producer on a 
farm, the crop acreage in all counties that is 
planted or intended to be planted for harvest 
for sale or on-farm livestock feeding (including 
native grassland intended for haying) by the eli-
gible producer. 
‘‘(B) AQUACULTURE.—In the case of 
aquaculture, the term ‘farm’ means, in relation 
to an eligible producer on a farm, all fish being 
produced in all counties that are intended to be 
harvested for sale by the eligible producer. 
‘‘(C) HONEY.—In the case of honey, the 
term ‘farm’ means, in relation to an eligible 
producer on a farm, all bees and beehives in all 
counties that are intended to be harvested for 
a honey crop for sale by the eligible producer. 
‘‘(3) FARM-RAISED
FISH.—The term ‘farm- 
raised fish’ means any aquatic species that is propa-
gated and reared in a controlled environment. 
‘‘(4) LIVESTOCK.—The term ‘livestock’ in-
cludes— 
‘‘(A) cattle (including dairy cattle); 
‘‘(B) bison; 
‘‘(C) poultry; 
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‘‘(D) sheep; 
‘‘(E) swine; 
‘‘(F) horses; and 
‘‘(G) other livestock, as determined by the 
Secretary. 
‘‘(b) LIVESTOCK INDEMNITY PAYMENTS.— 
‘‘(1) PAYMENTS.—For the period specified in 
subsection (f), the Secretary shall use such sums as 
are necessary of the funds of the Commodity Credit 
Corporation to make livestock indemnity payments 
to eligible producers on farms that have incurred 
livestock death losses in excess of the normal mor-
tality, as determined by the Secretary, due to— 
‘‘(A) attacks by animals reintroduced into 
the wild by the Federal Government or pro-
tected by Federal law, including wolves and 
avian predators; or 
‘‘(B) adverse weather, as determined by 
the Secretary, during the calendar year, includ-
ing losses due to hurricanes, floods, blizzards, 
disease, wildfires, extreme heat, and extreme 
cold. 
‘‘(2) PAYMENT RATES.—Indemnity payments to 
an eligible producer on a farm under paragraph (1) 
shall be made at a rate of 75 percent of the market 
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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 the period specified in 
subsection (f), the Secretary shall use such sums as 
are necessary of the funds of the Commodity Credit 
Corporation to provide compensation for losses to el-
igible livestock producers due to grazing 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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