[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1439.107]

[Page 519-520]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1439--EMERGENCY LIVESTOCK ASSISTANCE--Table of Contents
 
             Subpart B--1998-99 Livestock Assistance Program
 
Sec. 1439.107  Calculation of assistance.

    (a) The value of LAP assistance determined with respect to a 
livestock producer for each type and weight class of livestock owned or 
leased 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 daily feed grain equivalent per animal (15.7 pounds of corn 
necessary for a beef cow, factored for the weight class and type of 
livestock, as determined by CCC); by
    (3) The 5-year national average market price for corn (1998 LAP: 
$2.56 per bushel, or $.0457 per pound; 1999 LAP: $2.47 per bushel or 
$.0441 per pound); 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 as certified by the producer and approved by the 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
    (3) The daily feed grain equivalent per animal (15.7 pounds of corn 
necessary for a beef cow, factored for the weight class and type of 
livestock, as determined by CCC); by
    (4) The 5-year national average market price for corn (1998 LAP: 
$2.56 per bushel, or $.0457 per pound; 1999 LAP: $2.47 per bushel or 
$.0441071 per pound); by
    (5) The applicable number of days in the LAP payment period; by
    (6) The percent of the producer's grazing loss during the relevant 
period as certified by the producer and approved by the county committee 
in accordance with Sec. 1439.105.
    (d) The final payment shall be the smaller of paragraph (b) of this 
section or paragraph (c) of this section multiplied by the national 
factor if required under Sec. 1439.108. The final payment shall not 
exceed 50 percent of the smaller of paragraph (b) or (c) of this section 
determined prior to applying the national factor provided for in 
Sec. 1439.108.
    (e) Seeded small grain forage crops shall not be counted as grazing 
land under paragraph (c) of this section with

[[Page 520]]

respect to supporting eligible livestock.
    (f) 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 to breed horses and mules to be used to produce food and fiber 
on the owner's farm, and shall not include animals that are used for 
recreational purposes or are running wild or uncontrolled on land owned 
or leased by the owner.