12 2 STA T . 1 397PUBLIC LA W 11 0– 23 4—M A Y 22 , 200 8‘ ‘ (A)theproduc to b t ain edb ym u l tiplyin g— ‘‘(i) the greate s to f — ‘‘( I )thead j usted actual production history yield of the eligible producer on a farm
and ‘‘(II) the counter - cyclical program payment yield; ‘‘(ii) the acreage planted or pre v ented from being planted for each crop; and ‘‘(iii) 10 0 percent of the insurance price guarantee; and ‘‘( B ) the product obtained by multiplying— ‘‘(i) 100 percent of the adjusted noninsured crop assistance program yield; and ‘‘(ii) 100 percent of the noninsured crop assistance program price for each of the crops on a farm . ‘‘(c) LIVESTOCK I ND E M NIT YPA YMENTS.— ‘‘(1) PAYMENTS.— T he S ecretary shall use such sums as are necessary from the Trust F und to ma k e livestock indemnity payments to eligible producers on farms that have incurred livestock death losses in e x cess of the normal mortality due to adverse w eather , as determined by the Secretary, during the calendar year, including losses due to hurricanes, floods, bli z zards, disease, wildfires, extreme heat, and extreme cold. ‘‘( 2 ) PAYMENT R ATES.—Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 75 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. ‘‘(d) LIVESTOCK FORA G E D ISASTER PROGRAM.— ‘‘(1) DE F INITIONS.—In this subsection
‘‘(A) C OVERED L IVESTOCK.— ‘‘(i) IN GENERAL.— E xcept as provided in clause (ii), the term ‘covered livestock ’ means livestock of an eligible livestock producer that, during the 6 0 days prior to the beginning date of a q ualifying drought or fire condition, as determined by the Secretary, the eligible livestock producer— ‘‘(I) owned; ‘‘(II) leased; ‘‘(III) purchased; ‘‘(I V ) entered into a contract to purchase; ‘‘(V) is a contract grower; or ‘‘(VI) sold or otherwise disposed of due to quali- fying drought conditions during— ‘‘(aa) the current production year; or ‘‘(bb) subject to paragraph ( 3 )(B)(ii), 1 or both of the 2 production years immediately preceding the current production year. ‘‘(ii) E X CL U SION.—The term ‘covered livestock’ does not include livestock that were or would have been in a feedlot, on the beginning date of the qualifying drought or fire condition, as a part of the normal business operation of the eligible livestock producer, as determined by the Secretary. ‘‘(B) DROUG H T MONITOR.—The term ‘drought monitor’ means a system for classifying drought severity according
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