7 U.S.C. § 1471d: Assistance programs

Summary

Offers one or more aid programs to eligible livestock producers in a state, county, or area when the Secretary finds a livestock emergency needs action. The help can include donating feed grain owned by the Commodity Credit Corporation (CCC) to producers who cannot buy feed, or selling CCC feed grain at a reduced price (not more than 75% of the county basic loan rate for emergencies determined before January 1, 1989, or 50% of the county average market price for other emergencies). The Secretary can pay up to 50% of a producer’s transportation and handling costs for donated or sold feed, and up to 50% of the cost of feed a producer buys during the emergency. The program can also help pay up to 50% of the cost to move hay or forage bought from outside the normal trade area, but that aid cannot exceed $50 per ton ($12.50 per ton for silage) and the amount is limited to the lesser of 20 pounds per day per eligible animal unit or the feed needed for the emergency. Help to move livestock for grazing can cover up to 50% of transport costs but not more than $24 per head or the local cost of the extra feed needed for the emergency. Feed grain may be supplied through dealers or manufacturers and replaced from CCC stocks, or a producer may use farm-stored grain pledged as loan collateral. Payments or reimbursements for feed sales or purchased feed may be made by negotiable certificates that can be exchanged for commodities. No payout is made until a completed application is approved. For emergencies determined to exist before January 1, 1989, applications had to be filed by March 31, 1989, unless the Secretary set a later date. The Secretary may set aside at least $25,000,000 for livestock transportation help for emergencies in 1989.

Title 7, §1471d

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(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), 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), 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) for livestock emergencies in 1989.

Notes & Related Subsidiaries

Editorial Notes

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, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 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, § 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, § 202, added subsec. (f).

Statutory Notes and Related Subsidiaries

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 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning

June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. 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 Pub. L. 100–387, title I, § 103, Aug. 11, 1988, 102 Stat. 932, directed the Secretary of Agriculture to implement an emergency forage program to reseed pasture damaged by the drought or related condition in 1988 and provided for 50 percent cost-sharing, a $3,500 limit on payments to any one producer and a $50,000,000 limit on Commodity Credit Corporation funds available for such program.

§1471d Assistance Programs