[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: 7CFR1439.107]

[Page 620-621]
 
                          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.  1439.107  Calculation of assistance.

    (a) The gross value of LAP assistance determined with respect to a 
livestock producer for each type and weight class of livestock owned, 
leased, contracted, or sold according to Sec.  1439.106 by such producer 
shall be the lesser of the amount calculated under paragraph (b) of this 
section (the total value of lost feed needs for eligible livestock) or 
calculated under paragraph (c) of this section (the total value of lost 
eligible pasture).
    (b) The total value of lost feed needs shall be the amount obtained 
by multiplying:
    (1) The number of days in the payment period the livestock are owned 
or, in the case of purchased livestock, meet the 3-month ownership 
requirement; by
    (2) The number of pounds of corn-equivalent per day, as established 
by CCC, that is determined necessary to provide the energy requirements 
established for the weight class and type of livestock; by
    (3) The 5-year national average market price for corn, ($0.0369642 
per pound for 2003, or $0.0344642 for 2004); by
    (4) The number of eligible animals of each type and weight range of 
livestock owned or leased by the person; by
    (5) The percent of the producer's grazing loss during the relevant 
period

[[Page 621]]

as certified by the producer and approved by the FSA county committee in 
accordance with Sec.  1439.105.
    (c) The total value of lost eligible pasture shall be the amounts 
for each type of pasture calculated by:
    (1) Dividing the number of acres of each pasture type by the 
carrying capacity established for the pasture; and multiplying:
    (2) The result of paragraph (c)(1) of this section for each pasture 
type; by $0.5803379 for 2003 ($0.0369642 x 15.7) or $0.5410879 for 2004 
($0.0344642 x 15.7) by:
    (3) The applicable number of days in the LAP payment period; by
    (4) The percent of the producer's grazing loss during the relevant 
period as certified by the producer and approved by the FSA county 
committee in accordance with Sec.  1439.105.
    (d) The final payment shall not exceed 50 percent of the smaller 
amount calculated under paragraphs (b) or (c) of this section.
    (e) If the livestock owner is eligible for the LAP program and the 
American Indian Livestock Feed Program (AILFP) with respect to the same 
natural disaster, the livestock owner may elect to receive payment only 
for the same year for both programs, either 2003 or 2004. Payments for 
both programs cannot be issued for different years to the same producer.
    (f) Land seeded to small grain forage crops shall not be counted as 
grazing land under paragraph (c) of this section with respect to 
supporting eligible livestock.
    (g) The number of equine animals that are used to calculate benefits 
under this subpart and in paragraph (a) of this section are limited to 
the number actually needed to produce food and fiber on the producer's 
farm or breed horses and mules used to produce food and fiber on the 
owner's farm, and shall not include animals that are used for 
recreational purposes or other non-covered purposes are running wild or 
uncontrolled on land owned or leased by the owner.

[70 FR 16394, Mar. 31, 2005, as amended at 70 FR 29922, May 25, 2005]