§ 1471d. — Assistance programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1471d]
TITLE 7--AGRICULTURE
CHAPTER 35A--PRICE SUPPORT OF AGRICULTURAL COMMODITIES
SUBCHAPTER V--EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988
Sec. 1471d. Assistance programs
(a) Available programs
In accordance with section 1471c(a) of this title, the Secretary
shall make one or more of the following assistance programs available to
qualifying livestock producers in a State, county or area, if the
Secretary determines that the livestock emergency in such State, county
or area requires the implementation of such program:
(1) The donation of feed grain owned by the Commodity Credit
Corporation to producers who are financially unable to purchase feed
under paragraph (2) or to participate in any other program
authorized under this subsection.
(2) The sale of feed grain owned by the Commodity Credit
Corporation to producers for livestock feed at a price, established
by the Secretary, that does not exceed--
(A) with respect to such assistance provided for any
livestock emergency determined to exist prior to January 1,
1989, 75 percent of the current basic county loan rate for such
feed grain in effect under this Act (or at a comparable price if
there is no such current basic county loan rate), or
(B) with respect to such assistance provided for any other
livestock emergency, 50 percent of the average market price in
the county or area involved, as determined by the Secretary.
(3) Reimbursement of any transportation and handling expenses
incurred, not to exceed 50 percent of such expenses, by a producer
in connection with feed grain donations or sales under paragraphs
(1) and (2).
(4) Reimbursement of not to exceed 50 percent of the cost of
feed purchased by a producer for the producer's livestock during the
duration of the livestock emergency.
(5) Hay and forage transportation assistance to producers of not
to exceed 50 percent of the cost of transporting hay or forage
purchased from a point of origin beyond a producer's normal trade
area to the livestock, subject to the following limitations:
(A) The transportation assistance may not exceed $50 per ton
of eligible hay or forage ($12.50 for silage).
(B) The quantity of eligible hay and forage for each
producer may not exceed the lesser of--
(i) 20 pounds per day per eligible animal unit; or
(ii) the quantity of additional feed needed by the
producer for the duration of the livestock emergency.
(6) Livestock transportation assistance to producers of not to
exceed 50 percent of the cost of transporting livestock to and from
available grazing locations, except that such assistance may not
exceed the lesser of--
(A) $24 per head of a producer's eligible livestock; or
(B) the local cost of the quantity of additional feed needed
by the producer for the eligible livestock for duration of the
livestock emergency.
(b) Feed grain through dealer or manufacturer; reimbursement; feed grain
stored on farm of producer
If assistance is made available through the furnishing of feed grain
under paragraph (1) or (2) of subsection (a) of this section, the
Secretary--
(1) may provide for the furnishing of the feed grain through a
dealer or manufacturer and the replacing of the feed grain so
furnished from feed grain owned by the Commodity Credit Corporation;
or
(2) at the option of the livestock producer, shall provide for
the furnishing of the feed grain through the use of feed grain
stored on the farm of the producer that has been pledged as
collateral for a price support loan made under this Act.
(c) Payments or reimbursements through issuance of negotiable
certificates
In providing assistance under paragraph (2) or (4) of subsection (a)
of this section, the Secretary may make in-kind payments or
reimbursements through the issuance of negotiable certificates that the
Commodity Credit Corporation shall exchange for a commodity in
accordance with rules prescribed by the Secretary.
(d) Approved application prerequisite to benefits
No payment or benefit provided under this section shall be payable
or due until such time as a completed application therefor has been
approved.
(e) Time for application
A person eligible to receive a payment or benefit under this section
with respect to a livestock emergency determined to exist prior to
January 1, 1989, shall make application for such payment or benefit not
later than March 31, 1989, or such later date that the Secretary, by
regulation, may prescribe.
(f) Livestock transportation assistance
The Secretary may make available at least $25,000,000 to provide
livestock transportation assistance under subsection (a)(6) of this
section for livestock emergencies in 1989.
(Oct. 31, 1949, ch. 792, title VI, Sec. 606, as added Pub. L. 100-387,
title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 928; amended Pub. L. 101-
82, title II, Secs. 201, 202, Aug. 14, 1989, 103 Stat. 581.)
References in Text
This Act, referred to in subsecs. (a)(2)(A) and (b)(2), is act Oct.
31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the Agricultural
Act of 1949, which is classified principally to this chapter (Sec. 1421
et seq.). For complete classification of this Act to the Code, see Short
Title note set out under section 1421 of this title and Tables.
Amendments
1989--Subsec. (b). Pub. L. 101-82, Sec. 201, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``If
assistance is made available through the furnishing of feed grain under
paragraph (1) or (2) of subsection (a) of this section, the Secretary
may provide for the furnishing of the feed grain through a dealer or
manufacturer and the replacing of the feed grain so furnished from feed
grain owned by the Commodity Credit Corporation.''
Subsec. (f). Pub. L. 101-82, Sec. 202, added subsec. (f).
Effective Date
Section effective 15 days after Aug. 11, 1988, with subsecs.
(a)(2)(A) and (e) of this section applicable only with respect to any
livestock emergency in 1988, see section 101(c) of Pub. L. 100-387, set
out as an Effective and Termination Dates of 1988 Amendment note under
section 1427 of this title.
Inapplicability of Section
Section inapplicable to 2002 through 2007 crops of covered
commodities, peanuts, and sugar and inapplicable to milk during period
beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12)
of this title.
Section inapplicable to 1996 through 2002 crops of loan commodities,
peanuts, and sugar and inapplicable to milk during period beginning Apr.
4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(L) of this
title.
Emergency Forage Program
Section 103 of Pub. L. 100-387 provided that:
``(a) In General.--The Secretary of Agriculture shall implement an
emergency forage program for established pasture damaged by the drought
or related condition in 1988, under which the Secretary shall enter into
cost-share agreements with owners or operators of such damaged land to
provide for reseeding of forage crops on such land to facilitate late
fall 1988 and early spring 1989 grazing and haying. Assistance may be
provided to such owners and operators only when--
``(1) the forage crop will not regenerate naturally;
``(2) reseeding is the most cost-effective method to reestablish
the forage crop; and
``(3) reseeding is not undertaken simply to improve the forage
crop damaged by the drought.
``(b) Cost-Share.--The Secretary shall share half the costs incurred
under each agreement entered into under subsection (a), including the
costs of seed, fertilizer, and other inputs on reseeded pasture.
``(c) Limitations.--(1) The total amount of payments an owner or
operator of pasture land shall be entitled to receive under this section
shall be $3,500.
``(2) The Secretary may cost-share for reseeding under this section
only if the reseeding is to nonannual crops planted for pasture
purposes.
``(d) Funding.--(1) The Secretary shall use the funds, facilities,
and authorities of the Commodity Credit Corporation to carry out this
section.
``(2) Not more than $50,000,000 of the funds of the Commodity Credit
Corporation may be expended under paragraph (1).
``(3) To ensure the equitable award of funds under agreements under
this section, as limited under paragraph (2), the Secretary may prorate,
and adopt procedures to facilitate proration of, funds made available
under this section.''
Section Referred to in Other Sections
This section is referred to in sections 1471b, 1471c, 1471e of this
title.
