
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1471d]

 
                          TITLE 7--AGRICULTURE
 
         CHAPTER 35A--PRICE SUPPORT OF AGRICULTURAL COMMODITIES
 
      SUBCHAPTER V--EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988
 
Sec. 1471d. Assistance programs


(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) 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) 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--
            (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
            (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) 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) 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) 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:
            (A) The transportation assistance may not exceed $50 per ton 
        of eligible hay or forage ($12.50 for silage).
            (B) The quantity of eligible hay and forage for each 
        producer may not exceed the lesser of--
                (i) 20 pounds per day per eligible animal unit; or
                (ii) the quantity of additional feed needed by the 
            producer for the duration of the livestock emergency.

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

(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) 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) 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.

(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.

(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.

(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.

(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, Sec. 606, as added Pub. L. 100-387, 
title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 928; amended Pub. L. 101-
82, title II, Secs. 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 (Sec. 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, Sec. 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, Sec. 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 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

    Section 103 of Pub. L. 100-387 provided that:
    ``(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) the forage crop will not regenerate naturally;
        ``(2) reseeding is the most cost-effective method to reestablish 
    the forage crop; and
        ``(3) reseeding is not undertaken simply to improve the forage 
    crop damaged by the drought.
    ``(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.
    ``(c) Limitations.--(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) The Secretary may cost-share for reseeding under this section 
only if the reseeding is to nonannual crops planted for pasture 
purposes.
    ``(d) Funding.--(1) The Secretary shall use the funds, facilities, 
and authorities of the Commodity Credit Corporation to carry out this 
section.
    ``(2) Not more than $50,000,000 of the funds of the Commodity Credit 
Corporation may be expended under paragraph (1).
    ``(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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1471b, 1471c, 1471e of this 
title.
