Page:United States Statutes at Large Volume 121.djvu/237

 121 STAT. 216

PUBLIC LAW 110–28—MAY 25, 2007 for assistance, applicants must meet all eligibility requirements established by the Secretary for the program. (2) ELECTION OF LOSSES.—If a producer incurred eligible livestock losses in more than one of the 2005, 2006, or 2007 calendar years, the producer shall elect to receive payments under this subsection for losses incurred in only one of such calendar years. The producer may not receive payments under this subsection for more than one calendar year. (3) PAYMENT RATES.—Indemnity payments to a producer on a farm under paragraph (1) shall be made at a rate of not less than 26 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. (4) LIVESTOCK DEFINED.—In this subsection, the term ‘‘livestock’’ means an animal that— (A) is specified in clause (i) of section 1416.203(a)(2) of title 7, Code of Federal Regulations (72 Fed. Reg. 6445), or is designated by the Secretary as livestock for purposes of this subsection; and (B) meets the requirements of clauses (iii) and (iv) of such section. (5) DEFINITIONS.—In this subsection: (A) DISASTER COUNTY.—The term ‘‘disaster county’’ means— (i) a county included in the geographic area covered by a natural disaster declaration; and (ii) each county contiguous to a county described in clause (i). (B) NATURAL DISASTER DECLARATION.—The term ‘‘natural disaster declaration’’ means— (i) a natural disaster declared by the Secretary between January 1, 2005 and February 28, 2007, under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); (ii) a major disaster or emergency designated by the President between January 1, 2005 and February 28, 2007, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or (iii) a determination of a Farm Service Agency Administrator’s Physical Loss Notice if such notice applies to a county included under (ii).

SEC. 9003. EMERGENCY CONSERVATION PROGRAM.

There is hereby appropriated to the Secretary of Agriculture $16,000,000, to remain available until expended, to provide assistance under the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.) for the cleanup and restoration of farm and agricultural production lands. SEC. 9004. PAYMENT LIMITATIONS.

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(a) REDUCTION IN PAYMENTS TO REFLECT PAYMENTS FOR SAME OR SIMILAR LOSSES.—The amount of any payment for which a producer is eligible under sections 9001 and 9002 shall be reduced by any amount received by the producer for the same loss or any similar loss under—

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