Sec. 1502. Supplemental agricultural disaster assistance
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/bill/118/s/5335/is/section-1502A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1502(a) of the Agricultural Act of 2014 (as designated by section 1501(a)(3)) is amended— in paragraph (1), in the matter preceding subparagraph (A), by inserting during the time of the year that the livestock death losses occurred after normal mortality ; by striking paragraph
(2)and inserting the following: Indemnity payments to an eligible producer on a farm under paragraph
(1)shall be made at a rate of the applicable percentage described in subparagraph
(B)of the market value of the affected livestock, as determined under subparagraph (C), on, 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. The percentage referred to in subparagraph
(A)is— in the case of a payment under paragraph (1)(A), 100 percent; or in the case of a payment under subparagraph
(B)or
(C)of paragraph (1), 75 percent. The Secretary shall determine the market value of the affected livestock under subparagraph (A)— in consultation with the Agricultural Marketing Service; and based on quarterly estimates of market values. ; and by adding at the end the following: For the purposes of establishing weight categories to carry out paragraph (1), the Secretary shall establish categories with weights not less than those described in section 1416.302 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this paragraph), with respect to livestock described in section 1501(4)(A). In determining honey bee normal mortality, the Secretary shall not include losses caused by colony collapse disorder. . Section 1502(c)(2) of the Agricultural Act of 2014 (as designated by section 1501(b)(2)(A)) is amended by striking reduce losses and all that follows through the period at the end and inserting the following: “reduce— losses caused by feed or water shortages (including, in the case of drought, transportation costs for feed, water, livestock, and honey bees), disease, or other factors, as determined by the Secretary, including inspections of cattle tick fever; and winter stockpile grazing losses. . Section 1502(d) of the Agricultural Act of 2014 (as designated by section 1501(b)(2)(A)) is amended— in paragraph (1)— in subparagraph (A), by inserting or biennial after annual ; in subparagraph (B), by inserting or pest after insect ; and in subparagraph (D), by striking bush, and vine and inserting a bush, a vine, and any other fruit-producing crop that is not planted on an annual basis, as determined by the Secretary ; in paragraph (2)— in subparagraph (A), in the matter preceding clause (i), by inserting carry out this subsection and before provide ; and in subparagraph (B), by striking 15 percent (adjusted for normal mortality) and inserting normal mortality ; in paragraph (3)— in the matter preceding subparagraph (A), by striking
(4)and
(5)and inserting (4), (5), and
(6); in subparagraph (A)(i), by striking 15 percent mortality (adjusted for normal mortality) and inserting normal mortality ; and in subparagraph (B), by striking 15 percent damage or mortality (adjusted for normal tree damage and mortality) and inserting normal tree damage or mortality ; and by striking paragraph
(5)and inserting the following: Subject to paragraph (4), in the case of a covered producer, the Secretary shall provide reimbursement of 75 percent of the costs under subparagraphs (A)(i) and
(B)of paragraph (3). An eligible orchardist or nursery tree grower shall agree, as a condition on receipt of assistance under this subsection, to carry out any replacement and rehabilitation activities for which such assistance is provided not later than— 2 years after the receipt of such assistance; or if the period specified in subparagraph
(A)is not adequate, such time as is determined by the Secretary. An eligible orchardist or nursery tree grower receiving assistance under this subsection with respect to tree loss may, with the approval of the Secretary, use such assistance to replant using— an alternative variety from the variety used prior to the loss; an alternative crop from the crop planted prior to the loss; an alternative stand density from the stand density used prior to the loss; and an alternative location from the location used prior to the loss. The assistance provided by the Secretary to eligible orchardists and nursery tree growers— for a use described in subparagraph (A)(i) shall be in an amount that is not greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower replanted using the variety lost; for a use described in subparagraph (A)(ii) shall be in an amount that is not greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower replanted using the crop lost; for a use described in subparagraph (A)(iii) shall be in an amount that is not greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower replanted using the stand density lost; and for a use described in subparagraph (A)(iv) shall be in an amount that is not greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower replanted in the location in which the loss occurred. .