[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1439.105]

[Page 619-620]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1439_EMERGENCY LIVESTOCK ASSISTANCE--Table of Contents
 
            Subpart B_2003	2004 Livestock Assistance Program
 
Sec.  1439.105  County committee determinations of general applicability.

    (a) FSA county committees shall determine whether due to natural 
disasters their county has suffered a 40-percent loss affecting pasture 
and normal grazing crops for at least 3 consecutive months during LAP 
crop year during calendar year 2003 for 2003 eligibility and during 
calendar year 2004 for 2004 eligibility. In making this determination, 
FSA county committees, using the best information available from sources 
including but not limited to: The Extension Service, the Natural 
Resources Conservation Service; the Drought Monitor; the Palmer Drought 
Index; and general knowledge of local rainfall data, pasture losses, 
grazing livestock movement out of county, abnormal supplemental feeding 
practices for livestock on pasture and liquidation of grazing livestock, 
shall determine the percentage of grazing losses for pastures on a 
county-wide basis. The FSA county committee shall submit rainfall data, 
percentage of grazing losses for each general type of pasture, and the 
weighted average percentage of grazing loss for the county, to the FSA 
State committee for concurrence. The maximum grazing losses the FSA 
county committees shall submit is 80 percent. These determinations shall 
be subject to review by the Deputy Administrator. For purposes of this 
subpart, such counties are called ``eligible counties.''
    (b) In each eligible county, the FSA county committee shall 
determine a LAP normal grazing period. The LAP normal grazing period 
shall be that period of time in a calendar year that begins with the 
date grazing of new growth pasture normally begins and ends on the date 
grazing without supplemental feeding normally ends in the county.

[[Page 620]]

    (c) For each eligible county, the FSA county committee shall 
determine normal carrying capacities for each type of grazing or pasture 
during the LAP normal grazing period. The normal carrying capacity for 
the LAP normal grazing period shall be the normal carrying capacity the 
county committee determines could be expected from pasture and normal 
grazing crops for livestock for the LAP normal grazing period if a 
natural disaster had not diminished the production of these grazing 
crops.
    (d) For each eligible county, the FSA county committee shall 
determine the payment period for the county. The payment period for the 
county shall be the period of time during the county's LAP crop year 
where for 3 consecutive months, as applicable, during 2003 or 2004, the 
carrying capacity for grazing land or pasture was reduced by 40 percent 
or more from the normal carrying capacity.
    (e) Conservation Reserve Program acres released for haying or 
grazing and seeded small grain forage crops shall not be used to 
calculate losses under this subpart.