Sec. 2. Compensation for poultry growers and layers in control areas
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Section 10407 of the Animal Health Protection Act ( 7 U.S.C. 8306 ) is amended— in subsection (d), in the subsection heading, by inserting after for destroyed animals ; and Compensation by adding at the end the following: In this subsection: The term control area means a Control Area determined by the Administrator of the Animal and Plant Health Inspection Service. The term poultry means domesticated fowl that are bred for the primary purpose of producing eggs or meat, including, when so bred, chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, and game birds, but not including doves and pigeons.
Except as provided in paragraph (3), the Secretary shall compensate the owner of a poultry growing or laying facility for flocks of birds that the owner of such facility was prohibited from growing or laying due to the location of the facility within a control area. Compensation paid under subparagraph
(A)shall be in an amount that is equal to the product obtained by multiplying— the average income from the 5 most recent flocks of birds that the poultry growing or laying facility grew or laid; and the number of flocks of birds that the owner of the poultry growing or laying facility was prohibited from growing or laying during the period of time in which the control area was in effect. Compensation paid any owner of a poultry growing or laying facility under this subsection shall not exceed the difference between— the amount described in clause (i); and any compensation received by the owner from a State or other source for the 1 or more flocks of birds that the owner was prohibited from growing or laying. The determination by the Secretary of the amount to be paid under this subsection shall be final and not subject to judicial review or review by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary. Compensation shall be paid under subparagraph
(A)not later than 60 days after the date on which the owner of a poultry growing or laying facility submits a request to the Secretary for compensation. The exceptions described in subsection (d)(3) shall apply to this subsection. No payment shall be made by the Secretary under this subsection to an owner of a poultry growing or laying facility who has received compensation under subsection
(d)for a facility in the same control area during the same period of time. .
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Sec. 2
Compensation for poultry growers and layers in control areas
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