1. (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. (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. (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—

      1. (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
      2. (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. (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. (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. (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:

      1. (A) The transportation assistance may not exceed $50 per ton of eligible hay or forage ($12.50 for silage).

      2. (B) The quantity of eligible hay and forage for each producer may not exceed the lesser of—

         1. (i) 20 pounds per day per eligible animal unit; or
         2. (ii) the quantity of additional feed needed by the producer for the duration of the livestock emergency.

   6. (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—

      1. (A) $24 per head of a producer’s eligible livestock; or
      2. (B) the local cost of the quantity of additional feed needed by the producer for the eligible livestock for duration of the livestock emergency.

2. (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) of this section, the Secretary—

   1. (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. (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.
3. (c) Payments or reimbursements through issuance of negotiable certificates In providing assistance under paragraph (2) or (4) of subsection (a) of this section, 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.
4. (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.
5. (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.
6. (f) Livestock transportation assistance The Secretary may make available at least $25,000,000 to provide livestock transportation assistance under subsection (a)(6) of this section for livestock emergencies in 1989.

(Oct. 31, 1949, ch. 792, title VI, § 606, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 928; amended Pub. L. 101–82, title II, §§ 201, 202, Aug. 14, 1989, 103 Stat. 581.)

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, as amended, 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).

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 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, provided that:

1. “(a) In General.— The Secretary of Agriculture shall implement an emergency forage program for established pasture damaged by the drought or related condition in 1988, under which the Secretary shall enter into cost-share agreements with owners or operators of such damaged land to provide for reseeding of forage crops on such land to facilitate late fall 1988 and early spring 1989 grazing and haying. Assistance may be provided to such owners and operators only when—

   1. “(1) the forage crop will not regenerate naturally;
   2. “(2) reseeding is the most cost-effective method to reestablish the forage crop; and
   3. “(3) reseeding is not undertaken simply to improve the forage crop damaged by the drought.
2. “(b) Cost-Share.— The Secretary shall share half the costs incurred under each agreement entered into under subsection (a), including the costs of seed, fertilizer, and other inputs on reseeded pasture.

3. “(c) Limitations.—

   1. (1) The total amount of payments an owner or operator of pasture land shall be entitled to receive under this section shall be $3,500.
   2. “(2) The Secretary may cost-share for reseeding under this section only if the reseeding is to nonannual crops planted for pasture purposes.

4. “(d) Funding.—

   1. (1) The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section.
   2. “(2) Not more than $50,000,000 of the funds of the Commodity Credit Corporation may be expended under paragraph (1).
   3. “(3) To ensure the equitable award of funds under agreements under this section, as limited under paragraph (2), the Secretary may prorate, and adopt procedures to facilitate proration of, funds made available under this section.”