Federal

Emergency and Disaster Preparedness for Farm Animals Act

Source: Congress.gov · 1,106 words in original text

What This Bill Does

This bill requires farmers who raise livestock or poultry to create disaster preparedness plans before they can receive federal disaster assistance money. The bill changes two existing federal farm programs to add this new requirement. It aims to help farmers prepare for extreme weather events that harm farm animals.

Who It Affects

Producers (farmers) who raise livestock or poultry and seek disaster assistance payments. The Farm Service Agency, which is part of the Department of Agriculture. State and local agencies that may request to see submitted disaster plans.

Key Provisions

• Farmers must submit an initial disaster preparedness plan to the Farm Service Agency at least 180 days before experiencing a loss from bad weather to be eligible for livestock indemnity payments (Sec. 3(a)). • If a disaster preparedness plan was submitted more than 2 years before the loss, the farmer must renew it during that 2-year period to remain eligible for payments (Sec. 3(a)). • Within 30 days after experiencing a loss, the farmer must explain to the Farm Service Agency how they used their most recent disaster preparedness plan to try to prevent that loss (Sec. 3(a)). • Each disaster preparedness plan must include an adverse weather plan (a plan for handling bad weather) for each type of bad weather that could happen in that region and for each type of livestock on the farm (Sec. 3(a)). • Farmers applying for emergency loans to replace livestock lost in a major disaster must develop a disaster preparedness plan that includes adverse weather plans for each type of livestock they own (Sec. 3(b)).

What Changes

The Livestock Indemnity Program and emergency loan program will now require farmers to have disaster preparedness plans before they can receive payments or loans. Farmers will need to submit plans, renew them every 2 years and document how they used their plan after suffering losses. The Farm Service Agency will need to make submitted plans available to state and local agencies upon request.

Important Definitions

None defined in the bill text.

Effective Date

One year after the date the bill becomes law (Sec. 3(c)).

I 118TH CONGRESS 1ST SESSION H. R. 243 To amend the Agricultural Act of 2014 and the Consolidated Farm and Rural Development Act to require producers to establish disaster pre- paredness plans to be eligible for certain disaster assistance programs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 10, 2023 Mr. COHEN (for himself, Mr. BLUMENAUER, Mr. CARSON, Mr. DOGGETT, Ms. NORTON, and Ms. TITUS) introduced the following bill; which was re- ferred to the Committee on Agriculture A BILL To amend the Agricultural Act of 2014 and the Consolidated Farm and Rural Development Act to require producers to establish disaster preparedness plans to be eligible for certain disaster assistance programs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Emergency and Dis- 4 aster Preparedness for Farm Animals Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 03:35 Jan 20, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H243.IH H243 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 243 IH (1) American farms continue to experience dev- 1 astating impacts from extreme weather events that 2 have resulted in the death of millions of livestock 3 and poultry in recent years. 4 (2) During 2020 and 2021, the United States 5 experienced a record-breaking hurricane season, 6 record-breaking heat waves and the hottest month 7 on record, a record-breaking wildfire season, and 8 record-breaking droughts across the county. 9 (3) Extreme weather events continue to become 10 more frequent and severe, putting the country’s ag- 11 riculture operations and livestock herds at increased 12 risk. 13 (4) To help producers recover from weather-re- 14 lated losses, numerous Federal disaster assistance 15 programs have been established that provide signifi- 16 cant funding to compensate producers each year, but 17 do not require emergency planning. 18 (5) Leading agricultural and animal health en- 19 tities, including the Department of Agriculture, the 20 American Veterinary Medical Association, and the 21 World Organisation for Animal Health, as well as 22 the Federal Emergency Management Agency, all 23 recognize the importance of emergency planning and 24 recommend the development of disaster prepared- 25 VerDate Sep 11 2014 03:35 Jan 20, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H243.IH H243 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 243 IH ness plans on farms to help mitigate the impacts of 1 extreme weather. 2 (6) As we continue to adapt to a rapidly chang- 3 ing climate, emergency planning requirements are 4 necessary to help ensure farmers are prepared, fi- 5 nancial losses are reduced, and farm animals are 6 protected. 7 SEC. 3. DISASTER PREPAREDNESS PLANS REQUIRED 8 UNDER CERTAIN DISASTER ASSISTANCE PRO- 9 GRAMS. 10 (a) LIVESTOCK INDEMNITY PAYMENTS.—Section 11 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 12 9081(b)) is amended— 13 (1) in paragraph (1)(B), by inserting ‘‘(other 14 than a disaster preparedness plan under paragraph 15 (5))’’ after ‘‘management practice’’; and 16 (2) by adding at the end the following: 17 ‘‘(5) SPECIAL RULE FOR PAYMENTS DUE TO 18 ADVERSE WEATHER.— 19 ‘‘(A) IN GENERAL.—An eligible producer 20 may only receive a payment under this sub- 21 section for a loss described in paragraph (1)(B) 22 if— 23 ‘‘(i) on a date before the 180-day pe- 24 riod preceding such loss, the eligible pro- 25 VerDate Sep 11 2014 03:35 Jan 20, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H243.IH H243 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 243 IH ducer submitted to the Secretary, acting 1 through the Administrator of the Farm 2 Service Agency, an initial disaster pre- 3 paredness plan; 4 ‘‘(ii) in the case of a disaster pre- 5 paredness plan that was submitted to the 6 Secretary on a date before the 2-year pe- 7 riod preceding such loss, the producer sub- 8 mitted a renewal of such plan during such 9 2-year period; and 10 ‘‘(iii) not later than 30 days after 11 such loss is incurred, the eligible producer 12 provides to the Secretary a description of 13 how the most recently submitted disaster 14 preparedness plan was implemented on the 15 farm to attempt to prevent such loss. 16 ‘‘(B) ELEMENTS.—For purposes of sub- 17 paragraph (A), a disaster preparedness plan 18 shall include— 19 ‘‘(i) an adverse weather plan for each 20 potential adverse weather event (based on 21 the region the applicable farm is located 22 and size of the farm) for each species of 23 livestock on the farm; and 24 VerDate Sep 11 2014 03:35 Jan 20, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H243.IH H243 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 243 IH ‘‘(ii) such other information as the 1 Secretary may require. 2 ‘‘(C) PUBLICATION.—The Secretary shall 3 make the plans received by the Secretary under 4 subparagraph (A)(i) available to State or local 5 agencies upon request.’’. 6 (b) CONSOLIDATED FARM AND RURAL DEVELOP- 7 MENT ACT.—Section 333 of the Consolidated Farm and 8 Rural Development Act (7 U.S.C. 1983) is amended— 9 (1) by striking ‘‘and’’ at the end of paragraph 10 (6); 11 (2) by striking the period at the end of para- 12 graph (7) and inserting ‘‘; and’’; and 13 (3) by adding at the end the following: 14 ‘‘(8) in the case of an emergency loan to replace 15 livestock lost due to a natural disaster or major dis- 16 aster or emergency designated by the President 17 under the Robert T. Stafford Disaster Relief and 18 Emergency Assistance Act (42 U.S.C. 5121 et seq.), 19 require the applicant to develop a disaster prepared- 20 ness plan that includes an adverse weather plan for 21 each potential adverse weather event (based on the 22 region the applicable farm is located and size of the 23 farm) for each species of livestock on the farm.’’. 24 VerDate Sep 11 2014 03:35 Jan 20, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H243.IH H243 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 243 IH (c) EFFECTIVE DATE.—This section, and the amend- 1 ments made by this section, shall take effect on the date 2 that is 1 year after the date of the enactment of this Act. 3 Æ VerDate Sep 11 2014 03:35 Jan 20, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H243.IH H243 pbinns on DSKJLVW7X2PROD with $$_JOB

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