12 2 STA T . 21 60PUBLIC LA W 110 – 2 4 6 —J U NE 1 8, 2008 toar a nge o f a b nor m a l l yd rytoe xc e p t i onal dro u g h t , a s defined by the S ecretary .‘ ‘ (C)ELIG I B L E LI V E STOCKPR O DU CER. — ‘‘(i) IN GENER A L.— T he term ‘eligible li v estoc k pro - ducer ’ means an eligible producer on a farm that— ‘‘(I) is an o w ner, cash or share lessee, or con- tract grower of covered livestock that provides the pastureland or gra z ing land, including cash-leased pastureland or grazing land, for the livestock
‘‘(II) provides the pastureland or grazing land for covered livestock, including cash-leased pastureland or grazing land that is physically located in a county affected by drought; ‘‘(III) certifies grazing loss; and ‘‘(I V ) meets all other eligibility re q uirements established under this subsection. ‘‘(ii) E X CLUSION.—The term ‘eligible livestock pro- ducer’ does not include an owner, cash or share lessee, or contract grower of livestock that rents or leases pastureland or grazing land owned by another person on a rate-of-gain basis. ‘‘( D ) N OR M AL CARR Y ING CAPACITY.—The term ‘normal carrying capacity’, with respect to each type of grazing land or pastureland in a county, means the normal carrying capacity, as determined under paragraph ( 3 )(D)(i), that would be expected from the grazing land or pastureland for livestock during the normal grazing period, in the absence of a drought or fire that diminishes the production of the grazing land or pastureland. ‘‘(E) NORMAL GRA Z ING PERIOD.—The term ‘normal grazing period’, with respect to a county, means the normal grazing period during the calendar year for the county, as determined under paragraph (3)(D)(i). ‘‘( 2 ) P ROGRAM.—The Secretary shall use such sums as are necessary from the Trust F und to provide compensation for losses to eligible livestock producers due to grazing losses for covered livestock due to— ‘‘( A ) a drought condition, as described in paragraph (3); or ‘‘( B ) fire, as described in paragraph ( 4 ). ‘‘(3) ASSISTANCE F OR LOSSES DUE TO DROUG H T CONDI- TIONS.— ‘‘(A) ELIGIBLE LOSSES.— ‘‘(i) IN GENERAL.—An eligible livestock producer may receive assistance under this subsection only for grazing losses for covered livestock that occur on land that— ‘‘(I) is native or improved pastureland with permanent vegetative cover; or ‘‘(II) is planted to a crop planted specifically for the purpose of providing grazing for covered livestock. ‘‘(ii) EXCLUSIONS.—An eligible livestock producer may not receive assistance under this subsection for grazing losses that occur on land used for haying or grazing under the conservation reserve program estab- lished under subchapter B of chapter 1 of subtitle
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