12 2 STA T . 1 40 0 PUBLIC LA W 110 – 2 3 4 —M A Y 22 , 200 8grazin g pe ri odf or ea chty pe of grazing l and or pa s t u reland in the county ser v ed b y the applicable co m mittee .‘ ‘ (I I )CHANGES . —N o change to the normal car - rying capacity or normal grazing period established for a county under subclause (I) shall be made unless the change is re q uested by the appropriate S tate and county F arm Service A gency committees. ‘‘(ii) DROU GH TI NTENSIT Y .— ‘‘(I) D 2 .—An eligible livestoc k producer that o w ns or leases grazing land or pastureland that is physically located in a county that is rated by the U .S. Drought M onitor as having a D 2 (severe drought) intensity in any area of the county for at least 8 consecutive weeks during the normal grazing period for the county , as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 1 monthly payment using the monthly payment rate determined under subparagraph ( B ). ‘‘(II) D 3 .—An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D 3 (e x treme drought) intensity in any area of the county at any time during the normal grazing period for the county, as determined by the Sec- retary, shall be eligible to receive assistance under this paragraph— ‘‘(aa) in an amount equal to 2 monthly payments using the monthly payment rate determined under subparagraph (B)
or ‘‘(bb) if the county is rated as having a D3 (extreme drought) intensity in any area of the county for at least 4 weeks during the normal grazing period for the county, or is rated as having a D4 (exceptional drought) intensity in any area of the county at any time during the normal grazing period, in an amount equal to 3 monthly payments using the monthly payment rate determined under subparagraph (B). ‘‘(4) ASSISTAN C E F OR L OSSES D UE TO FIRE ON P U B LIC M AN- AGED LAND.— ‘‘(A) IN GENERAL.—An eligible livestock producer may receive assistance under this paragraph only if— ‘‘(i) the grazing losses occur on rangeland that is managed by a Federal agency; and ‘‘(ii) the eligible livestock producer is prohibited by the Federal agency from grazing the normal per- mitted livestock on the managed rangeland due to a fire. ‘‘(B) P AYMENT RATE.— T he payment rate for assistance under this paragraph shall be equal to 50 percent of the monthly feed cost for the total number of livestock covered by the Federal lease of the eligible livestock producer, as determined under paragraph (3)(C).
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