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Code · STATUTE-COMPILATIONS · Fair Minimum Wage Act of 2007 · Sec. 9002

Sec. 9002. LIVESTOCK ASSISTANCE

981 words·~4 min read·/statute-compilations/comps-10991/sec-9002

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## SEC. 9002 LIVESTOCK ASSISTANCE ###
(a)Livestock Compensation Program ####
(1)Availability of assistance There are hereby appropriated to the Secretary of Agriculture such sums as are necessary, to remain available until expended, to carry out the livestock compensation program established under subpart B of part 1416 of title 7, Code of Federal Regulations, as announced by the Secretary on February 12, 2007 (72 Fed. Reg. 6443), to provide compensation for livestock losses between January 1, 2005 and December 31, 2007, due to a disaster, as determined by the Secretary (including losses due to blizzards that started in 2006 and continued into January 2007). However, the payment rate for compensation under this subsection shall be 61 percent of the payment rate otherwise applicable under such program. In addition, section 1416.102(b)(2)(ii) of title 7, Code of Federal Regulations (72 Fed. Reg. 6444) shall not apply. ####
(2)Eligible applicants In carrying out the program described in paragraph (1), the Secretary shall provide assistance to any applicant that— #####
(A)conducts a livestock operation that is located in a disaster county with eligible livestock specified in paragraph
(1)of section 1416.102(a) of title 7, Code of Federal Regulations (72 Fed. Reg. 6444), an animal described in section 10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1)), or other animals designated by the Secretary as livestock for purposes of this subsection; and #####
(B)meets the requirements of paragraphs
(3)and
(4)of section 1416.102(a) of title 7, Code of Federal Regulations, and all other eligibility requirements established by the Secretary for the program. ####
(3)Election of losses #####
(A)If a producer incurred eligible livestock losses in more than one of the 2005, 2006, or 2007 calendar years, the producer shall elect to receive payments under this subsection for losses incurred in only one of such calendar years, and such losses must have been incurred in a county declared or designated as a disaster county in that same calendar year. #####
(B)Producers may elect to receive compensation for losses in the calendar year 2007 grazing season that are attributable to wildfires occurring during the applicable period, as determined by the Secretary. ####
(4)Mitigation In determining the eligibility for or amount of payments for which a producer is eligible under the livestock compensation program, the Secretary shall not penalize a producer that takes actions (recognizing disaster conditions) that reduce the average number of livestock the producer owned for grazing during the production year for which assistance is being provided. ####
(5)Definitions In this subsection: #####
(A)Disaster county The term “**disaster county**” means— ######
(i)a county included in the geographic area covered by a natural disaster declaration; and ######
(ii)each county contiguous to a county described in clause (i). #####
(B)Natural disaster declaration The term “**natural disaster declaration**” means— ######
(i)a natural disaster declared by the Secretary between January 1, 2005 and December 31, 2007, under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); ######
(ii)a major disaster or emergency designated by the President between January 1, 2005 and December 31, 2007, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or ######
(iii)a determination of a Farm Service Agency Administrator's Physical Loss Notice if such notice applies to a county included under (ii). ###
(b)Livestock Indemnity Payments ####
(1)Availability of assistance There are hereby appropriated to the Secretary of Agriculture such sums as are necessary, to remain available until expended, to make livestock indemnity payments to producers on farms that have incurred livestock losses between January 1, 2005 and December 31, 2007, due to a disaster, as determined by the Secretary (including losses due to blizzards that started in 2006 and continued into January 2007) in a disaster county. To be eligible for assistance, applicants must meet all eligibility requirements established by the Secretary for the program. ####
(2)Election of losses If a producer incurred eligible livestock losses in more than one of the 2005, 2006, or 2007 calendar years, the producer shall elect to receive payments under this subsection for losses incurred in only one of such calendar years. The producer may not receive payments under this subsection for more than one calendar year. ####
(3)Payment rates Indemnity payments to a producer on a farm under paragraph
(1)shall be made at a rate of not less than 26 percent of the market value of the applicable livestock on the day before the date of death of the livestock, as determined by the Secretary. ####
(4)Livestock defined In this subsection, the term “**livestock**” means an animal that— #####
(A)is specified in clause
(i)of section 1416.203(a)(2) of title 7, Code of Federal Regulations (72 Fed. Reg. 6445), or is designated by the Secretary as livestock for purposes of this subsection; and #####
(B)meets the requirements of clauses
(iii)and
(iv)of such section. ####
(5)Definitions In this subsection: #####
(A)Disaster county The term “**disaster county**” means— ######
(i)a county included in the geographic area covered by a natural disaster declaration; and ######
(ii)each county contiguous to a county described in clause (i). #####
(B)Natural disaster declaration The term “**natural disaster declaration**” means— ######
(i)a natural disaster declared by the Secretary between January 1, 2005 and December 31, 2007, under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); ######
(ii)a major disaster or emergency designated by the President between January 1, 2005 and December 31, 2007, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or ######
(iii)a determination of a Farm Service Agency Administrator's Physical Loss Notice if such notice applies to a county included under (ii).
Connectionstraces to 3
3 references not yet in our index
  • 72 FR 6443
  • 72 FR 6444
  • 72 FR 6445
Citation graph
cites case law
Sec. 9002
LIVESTOCK ASSISTANCE
U.S.C.§ 321d
U.S.C.§ 1961
U.S.C.§ 5121
Fed. Reg.72 FR 6443
Fed. Reg.72 FR 6444
Fed. Reg.72 FR 6445
Cites 6Cited by 0 across 0 sources
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