§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 operation 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, corporation, partnership, or joint operation is engaged in livestock production or husbandry, 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 Reorganization 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 poultry), llamas, alpacas, live fish, crawfish, and other animals that-

(A) are part of a foundation herd (including producing dairy cattle) or offspring; or

(B) are purchased as part of a normal operation 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, premix or mixed feed, liquid or dry supplemental feed, roughage, pasture, or forage) that-

(A) best suits the livestock producer's operation; and

(B) is consistent with acceptable feed practices.

(5) The term "area" includes any Indian reservation (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 .)

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 section 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 classification 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, alpacas, 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 provisions, inserted "horses, deer," after "bison," and struck out "equine animals used for food or in the production of food," before "fish".

2004-Par. (2). Pub. L. 108–447 inserted "elk, reindeer, bison," after "means cattle," in introductory provisions.

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 section 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 Secretary of Agriculture shall include horses and deer within the definition of 'livestock' covered by the program."

Inapplicability of Section

Section inapplicable to 2014 through 2018 crops of covered 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 covered 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 covered 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.

¹ So in original. Probably should not be capitalized.

² See References in Text note below.