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Code · BILL · 118th Congress · H.R. 8467 (Introduced in House) — To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture throug... · Sec. 1501

Sec. 1501. Livestock indemnity payment rates

742 words·~3 min read·/bill/118/hr/8467/ih/section-1501

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Section 1501(b) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(b) ) is amended— by amending paragraph
(2)to read as follows: Indemnity payments to an eligible producer on a farm under paragraph (1)(A) shall be made at a rate of 100 percent of the market value of the affected livestock on the applicable date, as determined by the Secretary. Indemnity payments to an eligible producer on a farm under subparagraph
(B)or
(C)of paragraph
(1)shall be made at a rate of 75 percent of the market value of the affected livestock on the applicable date, as determined by the Secretary. The Secretary shall determine the market value described in paragraphs
(A)and (B)— in coordination with the Administrator of the Agricultural Marketing Service; using other appropriate resources, as determined by the Secretary; and on a quarterly basis. In this paragraph, the term applicable date means, with respect to livestock, as applicable— the day before the date of death of the livestock; or the day before the date of the event that caused the harm to the livestock that resulted in a reduced sale price. ; and by adding at the end the following: In the case of unborn livestock death losses incurred on or after January 1, 2024, the Secretary shall make an additional payment to eligible producers on farms that have incurred such losses in excess of the normal mortality due to a condition specified in paragraph (1). Additional payments under subparagraph
(A)shall be made at a rate— determined by the Secretary; and less than or equal to 85 percent of the payment rate established with respect to the lowest weight class of the livestock, as determined by the Secretary, acting through the Administrator of the Farm Service Agency. The amount of a payment to an eligible producer that has incurred unborn livestock death losses shall be equal to the payment rate determined under subparagraph
(B)multiplied, in the case of livestock described in— subparagraph (A), (B), or
(F)of subsection (a)(4), by 1; subparagraph
(D)of such subsection, by 2; subparagraph
(E)of such subsection, by 12; and subparagraph
(G)of such subsection, by the average number of birthed animals (for one gestation cycle) for the species of each such livestock, as determined by the Secretary. In this paragraph, the term unborn livestock death losses means losses of any livestock described in subparagraph (A), (B), (D), (E), (F), or
(G)of subsection (a)(4) that was gestating on the date of the death of the livestock. . In determining livestock death losses in excess of the normal mortality for purposes of livestock indemnity payments under section 1501(b) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(b) ), the Secretary shall— with respect to eligible animal attacks by animals or avian predators treat documentation showing probability or confirmation of such an attack as sufficient to qualify for a payment under such program; and calculate normal mortality as the numerical amount, computed by a percentage, as established for the area by the Farm Service Agency State Committee, of expected livestock deaths by category (except that such amount shall not include attacks by animals reintroduced into the wild by the Federal Government or protected by Federal law, including wolves and avian predators), that normally occur during a calendar year for a producer. In determining grazing losses for covered livestock under the livestock forage program section under 1501(c) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(c) ), the Secretary shall provide eligible livestock producers not less than 90 days after the calendar year in which such grazing losses occurred to submit a completed application for assistance and the required supporting documentation relating to such losses. The Secretary shall issue or revise regulations in accordance with this section and the amendment made by this section, including sections 1416.302 and 1416.305 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this Act). For purposes of determining payments under subsection
(b)of section 1501 of the Agricultural Act of 2014 ( 7 U.S.C. 9081 ) with respect to livestock described in subsection (a)(4)(A) of such section, the Secretary shall use the following: Weight categories of either less than 400 pounds or 400 pounds or more. Such other weight categories as the Secretary determines appropriate, except that such weight categories may only be set at an amount that is greater than 400 pounds.
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Sec. 1501
Livestock indemnity payment rates
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