12 2 STA T . 22 53PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 ‘ ‘ (I II )certif ie sg r az i n g lo ss
an d ‘‘(I V ) m eets all ot h er eligi b ilit y re qu irements established under this subsection . ‘‘(ii) EXCLUSION . —T he term ‘eligible li v estoc kp ro - ducer ’ does not include an o w ner , 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 O RMA L CARR Y IN G CA P ACI T Y.—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 e x pected 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 P E RIO D .—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 S ecretary 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) ELIGI B LE 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 D of title X II of the Food Security Act of 1 985 (1 6U .S. C . 3831 et seq.). ‘‘(B) M ONTHLY PAYMENT RATE.— ‘‘(i) IN GENERAL.—Except as provided in clause (ii), the payment rate for assistance under this para- graph for 1 month shall, in the case of drought, be equal to 6 0 percent of the lesser of— ‘‘(I) the monthly feed cost for all covered live- stock owned or leased by the eligible livestock producer, as determined under subparagraph (C); or
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