7 U.S.C. § 1471 — Definitions

Page 788 TITLE 7—AGRICULTURE § 1471 1 So in original. Probably should not be capitalized. 2 See References in Text note below. Stat. 120, and renumbered Oct. 3, 1961, Pub. L. 87–345, § 3, 75 Stat. 761, related to workers subject to immigration laws, dispensed with need of penalty bond, and provided for effect of use of ‘‘wetback’’ labor as part of a pro- gram for recruiting agricultural workers from Mexico for employment up to December 31, 1964. Section 1465, act Oct. 31, 1949, ch. 792, title V, § 505, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1462; amended Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3495; Pub. L. 103–66, title I, § 1101(b)(2)(B), Aug. 10, 1993, 107 Stat. 314, provided for farm program payment yields. A prior section 1465, act Oct. 31, 1949, ch. 792, title V, § 506(c), formerly § 505(c), as added July 12, 1951, ch. 223, 65 Stat. 121, and renumbered Oct. 3, 1961, Pub. L. 87–345, § 3, 75 Stat. 761, provided for an exemption from a head tax as part of a program for recruiting agricultural workers from Mexico for employment up to December 31, 1964. A prior section 1465a, act Oct. 31, 1949, ch. 792, title V, § 506(d), as added Oct. 3, 1961, Pub. L. 87–345, § 4, 75 Stat. 761, provided for illness or disability tax as part of a program for recruiting agricultural workers from Mex- ico for employment up to December 31, 1964. Section 1466, act Oct. 31, 1949, ch. 792, title V, § 506, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1463; amended Pub. L. 99–260, § 3, Mar. 20, 1986, 100 Stat. 48; Pub. L. 100–203, title I, § 1109, Dec. 22, 1987, 101 Stat. 1330–6; Pub. L. 101–220, § 11(a), Dec. 12, 1989, 103 Stat. 1882; Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3497, provided for planting and production history of farms. A prior section 1466, act Oct. 31, 1949, ch. 792, title V, § 507, formerly § 506, as added July 12, 1951, ch. 223, 65 Stat. 121; renumbered § 507, Oct. 3, 1961, Pub. L. 87–345, § 3, 75 Stat. 761, related to utilization of Federal and State agencies by Secretary of Labor as part of a pro- gram for recruiting agricultural workers from Mexico for employment up to December 31, 1964. Section 1467, act Oct. 31, 1949, ch. 792, title V, § 507, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1463; amended Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3497, provided for establishment of bases and yields by county committees. A prior section 1467, act Oct. 31, 1949, ch. 792, title V, § 508, formerly § 507, as added July 12, 1951, ch. 223, 65 Stat. 121; renumbered § 508 and amended Oct. 3, 1961, Pub. L. 87–345, §§ 3, 5, 75 Stat. 761, defined ‘‘agricultural employment’’ and ‘‘employer’’ for purposes of the pro- gram for recruiting agricultural workers from Mexico for employment up to December 31, 1964. Section 1468, act Oct. 31, 1949, ch. 792, title V, § 508, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1464; amended Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3497, provided for administrative appeals procedure. A prior section 1468, act Oct. 31, 1949, ch. 792, title V, § 509, formerly § 508, as added July 12, 1951, ch. 223, 65 Stat. 121; renumbered § 509, Oct. 3, 1961, Pub. L. 87–345, § 3, 75 Stat. 761, related to importation of workers from other foreign countries with regard to a program of re- cruiting agricultural workers from Mexico for employ- ment up to December 31, 1964. Section 1469, act Oct. 31, 1949, ch. 792, title V, § 509, as added Pub. L. 99–198, title X, § 1031, Dec. 23, 1985, 99 Stat. 1464; amended Pub. L. 101–624, title XI, § 1101, Nov. 28, 1990, 104 Stat. 3497; Pub. L. 103–66, title I, § 1101(b)(2)(C), Aug. 10, 1993, 107 Stat. 314, provided that subchapter was to be effective only for the 1991 through 1997 pro- gram crops. A prior section 509, formerly 508, of act Oct. 31, 1949, was formerly classified to section 1468 of this title. See note set out above. SUBCHAPTER V—EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988 § 1471. Definitions As used in this subchapter: (1) The term ‘‘livestock producer’’ means— (A) a person that is actively engaged in farming and that receives a substantial amount of total income from the production of grain or livestock, as determined by the Secretary, that is— (i) an established producer or husbander of livestock or a dairy producer who is a citizen of, or legal resident alien in, the United States; or (ii) a farm cooperative, private domestic corporation, partnership, or joint oper- ation in which a majority interest is held by members, stockholders, or partners who are citizens of, or legal resident aliens in, the United States, if such cooperative, cor- poration, partnership, or joint operation is engaged in livestock production or hus- bandry, or dairy production; or (B) Any 1 of the following entities that is actively engaged in livestock production or husbandry, or dairy production— (i) any Indian tribe (as defined in section 5304(b) of title 25); 2 (ii) any Indian organization or entity chartered under the Act of June 18, 1934 (48 Stat. 984, chapter 576; 25 U.S.C. 461 et seq.),2 commonly known as the ‘‘Indian Re- organization Act’’; (iii) any tribal organization (as defined in section 5304(c) of title 25); 2 or (iv) any economic enterprise (as defined in section 1452(e) of title 25); (2) The term ‘‘livestock’’ means cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poul- try), llamas, alpacas, live fish, crawfish, and other animals that— (A) are part of a foundation herd (includ- ing producing dairy cattle) or offspring; or (B) are purchased as part of a normal oper- ation and not to obtain additional benefits under this subchapter. (3) The term ‘‘State’’ means any State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, or Guam. (4) The term ‘‘feed’’, for the purposes of emergency feed assistance, means any type of feed (including feed grain, oilseed meal, pre- mix or mixed feed, liquid or dry supplemental feed, roughage, pasture, or forage) that— (A) best suits the livestock producer’s op- eration; and (B) is consistent with acceptable feed prac- tices. (5) The term ‘‘area’’ includes any Indian res- ervation (as defined in section 1985(e)(1)(D)(ii) 2 of this title). (Oct. 31, 1949, ch. 792, title VI, § 602, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 926; amended Pub. L. 108–447, div. A, title VII, § 785(b)(1), Dec. 8, 2004, 118 Stat. 2850; Pub. L. 109–97, title VII, § 784(b)(1), Nov. 10, 2005, 119 Stat. 2162; Pub. L. 115–334, title XII, § 12104, Dec. 20, 2018, 132 Stat. 4942.) Page 789 TITLE 7—AGRICULTURE § 1471b Editorial Notes REFERENCES IN TEXT Section 5304 of title 25, referred to in par. (1)(B)(i), (iii), has been amended, and subsecs. (b) and (c) of sec- tion 5304 no longer define the terms ‘‘Indian tribe’’ and ‘‘tribal organization’’. However, such terms are defined elsewhere in that section. Act of June 18, 1934, referred to in par. (1)(B)(ii), is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which was classified generally to subchapter V (§ 461 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 45 (§ 5101 et seq.) of Title 25. For complete clas- sification of this Act to the Code, see Short Title note set out under section 5101 of Title 25 and Tables. Section 1985(e)(1)(D)(ii) of this title, referred to in par. (5), was redesignated section 1985(e)(1)(A)(ii) of this title by Pub. L. 104–127, title VI, § 638(3)(A)(ii), Apr. 4, 1996, 110 Stat. 1096. AMENDMENTS 2018—Par. (2). Pub. L. 115–334 substituted ‘‘llamas, al- pacas, live fish, crawfish, and other animals that’’ for ‘‘fish used for food, and other animals designated by the Secretary (at the Secretary’s sole discretion) that’’ in introductory provisions. 2005—Par. (2). Pub. L. 109–97, in introductory provi- sions, inserted ‘‘horses, deer,’’ after ‘‘bison,’’ and struck out ‘‘equine animals used for food or in the pro- duction of food,’’ before ‘‘fish’’. 2004—Par. (2). Pub. L. 108–447 inserted ‘‘elk, reindeer, bison,’’ after ‘‘means cattle,’’ in introductory provi- sions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–97, title VII, § 784(c), Nov. 10, 2005, 119 Stat. 2163, provided that: ‘‘(1) IN GENERAL.—This section [amending this section and section 1472 of this title and enacting provisions set out as a note under this section] and the amendments made by this section apply to losses resulting from a disaster that occurs on or after July 28, 2005. ‘‘(2) PRIOR LOSSES.—This section and the amendments made by this section do not apply to losses resulting from a disaster that occurred before July 28, 2005.’’ EFFECTIVE DATE Section effective 15 days after Aug. 11, 1988, see sec- tion 101(c)(1) of Pub. L. 100–387, set out as an Effective and Termination Dates of 1988 Amendment note under section 1427 of this title. SHORT TITLE For short title of title VI of act Oct. 31, 1949, ch. 792, which enacted this subchapter, as the ‘‘Emergency Livestock Feed Assistance Act of 1988’’, see Short Title of 1988 Amendment note set out under section 1421 of this title. INCLUSION OF HORSES AND DEER WITHIN DEFINITION OF ‘‘LIVESTOCK’’ Pub. L. 109–97, title VII, § 784(a), Nov. 10, 2005, 119 Stat. 2162, provided that: ‘‘In carrying out a livestock assistance, compensation, or feed program, the Sec- retary of Agriculture shall include horses and deer within the definition of ‘livestock’ covered by the pro- gram.’’ INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. 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. § 1471a. Emergency livestock assistance (a) The Secretary shall provide emergency feed assistance under this subchapter for the preservation and maintenance of livestock in any State or area of a State where, because of disease, insect infestation, flood, drought, fire, hurricane, earthquake, storm, hot weather, or other natural disaster, the Secretary determines that a livestock emergency exists. (b)(1) The Secretary shall provide emergency feed assistance under this subchapter for the preservation and maintenance of livestock, to livestock producers that— (A) conduct farming, ranching, or aqua- culture operations in any county contiguous to a county where the Secretary has deter- mined, under subsection (a), that a livestock emergency exists, and (B) are otherwise eligible for assistance under this subchapter. (2) The Secretary shall accept applications for assistance under this subsection from producers that are affected by the livestock emergency at any time during the eight-month period begin- ning on the date on which the Secretary deter- mines that such emergency exists in the other county. (Oct. 31, 1949, ch. 792, title VI, § 603, as added Pub. L. 100–387, title I, § 101(a), Aug. 11, 1988, 102 Stat. 927.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 15 days after Aug. 11, 1988, see sec- tion 101(c)(1) 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 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(12) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(12) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(12) of this title. 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. § 1471b. Determination of need for assistance (a) Determination and request by Governor or county committee (1) Whenever the Governor of a State deter- mines that a livestock emergency due to a nat-