EMERGENCY FEED AND RELATED ASSISTANCE.

SEC. 101. EMERGENCY FEED AND RELATED ASSISTANCE. (a) In General.—The Agricultural Act of 1949 is amended by adding at the end thereof the following new title: “TITLE VI—EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988 “short title “Sec. 601. This title may be cited as the ‘Emergency Livestock Feed Assistance Act of 1988’. 102 STAT. 926 “definitions “Sec. 602. As used in this title: “(1) The term ‘livestock producer’ means— “(A) a person that is actively engaged in farming and that receives a substantial amount of total income from the production of grain or livestock, as determined by the Secretary, that is— “(i) an established producer or husbander of livestock or a dairy producer who is a citizen of, or legal resident alien in, the United States; or “(ii) a farm cooperative, private domestic corporation, partnership, or joint operation in which a minority interest is held by members, stockholders, or partners who are citizens of, or legal resident aliens in, the United States, if such cooperative, corporation, partnership, or joint operation is engaged in livestock production or husbandry, or dairy production; or “(B) Any of the following entities that is actively engaged in livestock production or husbandry, or dairy production— “(i) any Indian tribe (as defined in section 4(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450(b))); “(ii) any Indian organization or entity chartered under the Act of June 18, 1934 (48 Stat. 984, chapter 576; 25 U.S.C. 461 et seq.), commonly known as the ‘Indian Reorganization Act’; “(iii) any tribal organization (as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(c))); or “(iv) any economic enterprise (as defined in section 3(e) of the Indian Financing Act of 1974 (25 U.S.C. 1452(e))); “(2) The term ‘livestock’ means cattle, sheep, goats, swine, poultry (including egg-producing poultry), equine animals used for food or in the production of food, fish used for food, and other animals designated by the Secretary (at the Secretary’s sole discretion) that— “(A) are part of a foundation herd (including producing dairy cattle) or offspring; or “(B) are purchased as part of a normal operation and not to obtain additional benefits under this title. “(3) The term ‘State’ means any State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, or Guam. “(4) The term ‘feed’, for the purposes of emergency feed assistance, means any type of feed (including feed grain, oilseed meal, premix or mixed feed, liquid or dry supplemental feed, roughage, pasture, or forage) that— “(A) best suits the livestock producer’s operation; and “(B) is consistent with acceptable feed practices. “(5) The term ‘area’ includes any Indian reservation (as defined in section 335(e)(1)(D)(ii) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1985(e)(1)(D)(ii))). 102 STAT. 927 “emergency livestock assistance “Sec. 603. (a) The Secretary shall provide emergency feed assistance under this title for the preservation and maintenance of livestock in any State or area of a State where, because of disease, insect infestation, flood, drought, fire, hurricane, earthquake, storm, hot weather, or other natural disaster, the Secretary determines that a livestock emergency exists. “(b)(1) The Secretary shall provide emergency feed assistance under this title for the preservation and maintenance of livestock, to livestock producers that— “(A) conduct farming, ranching, or aquaculture operations in any county contiguous to a county where the Secretary has determined, under subsection (a), that a livestock emergency exists, and “(B) are otherwise eligible for assistance under this title. “(2) The Secretary shall accept applications for assistance under this subsection from producers that are affected by the livestock emergency at any time during the eight-month period beginning on the date on which the Secretary determines that such emergency exists in the other county. “determination of need for assistance “Sec. 604. (a)(1) Whenever the Governor of a State determines that a livestock emergency due to a natural disaster exists in the State, or a county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590(b)) determines that such an emergency exists in the county, the Governor or county committee may submit a request for a determination by the Secretary of a livestock emergency in such State or county and for emergency livestock feed assistance under this title. “(2) The request of a Governor or county committee for a livestock emergency determination and for emergency livestock feed assistance shall include, to the extent feasible, recommendations to the Secretary of those options that will most fully use feed available through local sources. “(b) The Secretary may consider a State, county, or area in a State for a livestock emergency determination and emergency livestock feed assistance under this title whether or not a request for assistance is submitted, as described in subsection (a). “(c) The Secretary shall act on requests for determinations under subsection (a) and make final determinations on whether a livestock emergency exists in any State, county, or area, under regulations that ensure thorough and prompt action (not later than 30 days after receipt of any such request) and provide for appropriate notification procedures. “(d) Notwithstanding the preceding provisions of this section, any State, county, or area determined eligible, due to drought or related conditions in 1988, for the emergency feed program or emergency feed assistance program conducted prior to the effective date of this title shall continue to be eligible for such programs and may be eligible for other programs under this title for such drought or related condition. As soon as practicable after the effective date of this title, the Secretary shall determine whether any of the programs described in section 606, other than the emergency feed program under section 606(a)(4) and the emergency feed assistance 102 STAT. 928program under section 606(a)(2), or in section 607 should be made available in such State, county, or area. If the Secretary makes such determination, the Secretary shall make such programs immediately available to livestock producers in the State, county, or area. “eligible producers “Sec. 605. (a)(1) If the Secretary determines that a livestock emergency exists in a State, county, or area, qualifying livestock producers located in such State, county, or area, or in a contiguous county as provided for in section 603(b), shall be eligible (under application procedures established by the Secretary) for emergency feed assistance under this title in accordance with this subsection. “(2) For the purposes of this subsection, a ‘qualifying livestock producer’ is a livestock producer who has suffered a substantial loss in feed normally produced on the farm for such producer’s livestock as a result of the livestock emergency and, as a result, does not have sufficient feed that has adequate nutritive value and is suitable for each of such producer’s particular types of livestock (as of the date of the request, or initiation of consideration, for a determination of a livestock emergency under section 604) for the estimated duration of the emergency. “(3) Each qualifying livestock producer shall be eligible for emergency feed assistance under the programs specified in section 606(a) that is made available where the producer is located in quantities sufficient to meet such feed deficiency with respect to the producer’s livestock normally fed with feed produced by the producer. “(b) Each livestock producer in such State, county, or area, or in a contiguous county as provided for in section 603(b), regardless of whether the producer qualifies for assistance under subsection (a), shall be eligible for emergency assistance under the programs specified in section 607 that are made available where the producer is located. “(c) Any livestock producer, located in a county or area in which benefits under the emergency feed program or the emergency feed assistance program were made available due to the drought or related condition in 1988 prior to the effective date of this title, who qualifies for assistance under such preexisting programs shall be eligible for assistance for such drought or related conditions as prescribed in subsection (a) or, at the producer’s option, for assistance under such preexisting programs. “assistance programs “Sec. 606. (a) In accordance with section 605(a), 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— 102 STAT. 929 “(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) If assistance is made available through the furnishing of feed grain under paragraph (1) or (2) of subsection (a), 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. “(c) In providing assistance under paragraph (2) or (4) of subsection (a), 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) 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) 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. 102 STAT. 930 “additional assistance “Sec. 607. (a) In addition to the assistance provided under section 606, if the Secretary determines that the livestock emergency also requires the implementation of one or more of the assistance programs described in subsection (b), the Secretary shall implement such programs. “(b) Special assistance under this section includes— “(1) the donation of feed owned by the Commodity Credit Corporation for use in feeding livestock stranded and unidentified as to its owner, including the cost of transporting feed to the affected area, during such period as the Secretary, by regulation, may prescribe; “(2) reimbursement of not to exceed 50 percent of the cost of— “(A) installing pipelines (if that is the least expensive method) or other facilities, including tanks or troughs, for livestock water; “(B) construction or deepening of wells for livestock water; or “(C) developing springs or seeps for livestock water, as appropriate in drought areas to facilitate more efficient and better-distributed grazing on land normally used for grazing. Such cost-share assistance may not be made available to provide water for wildlife or recreational livestock, dry lot feeding, or barns or corrals, or to acquire pumping equipment; “(3) reimbursement of not to exceed 50 percent of the cost of burning prickly pear cactus to make it suitable for animal feed; and “(4) making commodities owned by the Commodity Credit Corporation available to livestock producers through the use of a catalog that specifies lots of a size that are economically feasible for a small producer to obtain by means of certificate exchanges. “use of the commodity credit corporation “Sec. 608. The Secretary shall carry out this title through the use of the funds, facilities, and authorities of the Commodity Credit Corporation. “benefits limitation “Sec. 609. (a) The total amount of benefits that a person shall be entitled to receive annually under one or more of the programs established under this title may not exceed $50,000. “(b) The Secretary shall issue regulations— “(1) defining the term ‘person’, which shall conform, to the extent practicable, to the regulations defining the term ‘person’ issued under section 1001 of the Food Security Act of 1985, or successor statute; “(2) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this section; and “(3) providing that the term ‘person’ shall include, in the case of any cooperative association of producers, each member of the association with respect to benefits due to such member of the association. 102 STAT. 931 “(c) No person may receive benefits under this title attributable to lost production of a feed commodity due to a natural disaster in 1988 to the extent that such person receives a disaster payment under the Disaster Assistance Act of 1988 on such lost production. “(d) Each person otherwise eligible for a livestock emergency benefit under this title in 1988 shall be subject to the combined payment and benefits limitation established under section 211(c) of the Disaster Assistance Act of 1988. “ineligibility “Sec. 610. (a) Any person that has qualifying gross revenues in excess of $2,500,000 annually, as determined by the Secretary, shall not be eligible to receive any livestock emergency benefits under this title. “(b) For purposes of this section, the term ‘qualifying gross revenue’ means— “(1) if a majority of the person’s annual income is received from fanning and ranching operations, the gross revenue from the person’s farming and ranching operations; and “(2) if less than a majority of the person’s annual income is received from farming and ranching operations, the person’s gross revenue from all sources. “administration “Sec. 611. (a) The Commodity Credit Corporation shall issue regulations to carry out this title. “(b) Such regulations shall establish procedures to ensure that the request for assistance by a Governor or county committee under section 604, and individual applications of livestock producers under section 605 for assistance, are processed and decisions thereon are made as quickly as practicable. “(c) For purposes of this title, indigenous plants available to a livestock producer but not normally consumed by livestock as feed, such as cactus, may not be considered as feed on hand for such producers. “penalties “Sec. 612. A person that disposes of any feed made available to a livestock producer under this title other than as authorized by the Secretary shall be (1) subject to a civil penalty equal to the market value of the feed involved, to be recovered by the Secretary in a civil suit brought for that purpose, and (2) guilty of a misdemeanor and, on conviction thereof, subject to a fine of not more than $1,000, or imprisonment for not more than one year, or both.”. (b) Conforming Changes.—(1) Section 1105 of the Food and Agriculture Act of 1977 (7 U.S.C. 2267) is repealed. (2) Section 407 of the Agricultural Act of 1949 (7 U.S.C. 1427) is amended by striking out “and may make feed owned or controlled by it” in the fifth sentence and all that follows through the end of the sixth sentence and inserting in lieu thereof “and may donate or sell commodities in accordance with title VI.”. (3) Section 421 of the Agricultural Act of 1949 (7 U.S.C. 1433) is repealed. (4) Public Law 86–299 (73 Stat. 574), as amended, is repealed. 102 STAT. 932 (5) Section 303 of the Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 1427 note) is repealed. (c) Effective Period.—(1) This section and the amendments made by this section shall become effective 15 days after the date of the enactment of this Act. (2) The provisions of section 604(d), 605(c), 606(a)(2)(A), 606(e), 609(c), and 609(d) of the Agricultural Act of 1949, as added by subsection (a), shall apply only with respect to any livestock emergency in 1988.