109th CONGRESS
2d Session
S. 2438
To provide disaster assistance to agricultural producers for crop
and livestock losses, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 16 (legislative day, MARCH 15), 2006
Mr. CONRAD (for himself, Mr. MARTINEZ, Mr. SALAZAR, Mr. TALENT, Mr. DAYTON,
Mr. BOND, Mr. DORGAN, Mr. COLEMAN, Mr. JOHNSON, Mr. BURNS, Mrs. MURRAY,
Mr. THUNE, Mrs. LINCOLN, Mr. REID, Ms. STABENOW, Ms. LANDRIEU, Ms. CANTWELL,
Mr. NELSON of Florida, Mr. PRYOR, Mr. BAUCUS, Mr. DURBIN, Mr. OBAMA, Mr.
HAGEL, Mr. HARKIN, and Mr. NELSON of Nebraska) introduced the following
bill; which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
A BILL
To provide disaster assistance to agricultural producers for crop
and livestock losses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Emergency Agricultural Disaster
Assistance Act of 2006'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AGRICULTURAL PRODUCTION LOSSES
Sec. 101. Crop disaster assistance.
Sec. 102. Livestock assistance.
Sec. 103. Flooded crop and grazing land.
Sec. 104. Sugarcane and sugar beet disaster assistance.
Sec. 105. Specialty crops and nursery crops.
Sec. 106. Dairy assistance.
Sec. 108. Reduction in payments.
TITLE II--SUPPLEMENTAL NUTRITION AND AGRICULTURAL ECONOMIC DISASTER ASSISTANCE
Sec. 201. Replenishment of Section 32.
Sec. 202. Supplemental economic loss payments.
Sec. 203. Reduction in payments.
TITLE III--FORESTRY
Sec. 301. Tree assistance program.
TITLE IV--CONSERVATION
Sec. 401. Natural Resources Conservation Service.
TITLE V--FARM SERVICE AGENCY
Sec. 501. Funding for additional personnel.
TITLE VI--MISCELLANEOUS
Sec. 601. Authority to provide immunizations.
Sec. 602. Waiver of certain provisions.
TITLE VII--EMERGENCY DESIGNATION
Sec. 701. Emergency designation.
SEC. 2. DEFINITIONS.
(1) ADDITIONAL COVERAGE- The term `additional coverage' has the meaning
given the term in section 502(b)(1) of the Federal Crop Insurance Act
(7 U.S.C. 1502(b)(1)).
(2) DISASTER COUNTY- The term `disaster county' means--
(A) a county included in the geographic area covered by a natural disaster
declaration; and
(B) each county contiguous to a county described in subparagraph (A).
(3) HURRICANE-AFFECTED COUNTY- The term `hurricane-affected county' means--
(A) a county included in the geographic area covered by a natural disaster
declaration related to Hurricane Katrina, Hurricane Rita, Hurricane
Wilma, or a related condition; and
(B) each county contiguous to a county described in subparagraph (A).
(4) INSURABLE COMMODITY- The term `insurable commodity' means an agricultural
commodity (excluding livestock) for which the producers on a farm are
eligible to obtain a policy or plan of insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.).
(5) LIVESTOCK- The term `livestock' includes--
(A) cattle (including dairy cattle);
(E) other livestock, as determined by the Secretary.
(6) NATURAL DISASTER DECLARATION- The term `natural disaster declaration'
means--
(A) a natural disaster declared by the Secretary--
(i) during calendar year 2005 under section 321(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961(a)); or
(ii) during calendar year 2006 under that section, but for which a
request was pending as of December 31, 2005; or
(B) a major disaster or emergency designated by the President--
(i) during calendar year 2005 under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
(ii) during calendar year 2006 under that Act, but for which a request
was pending as of December 31, 2005.
(7) NONINSURABLE COMMODITY- The term `noninsurable commodity' means a
crop for which the producers on a farm are eligible to obtain assistance
under section 196 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333).
(8) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
TITLE I--AGRICULTURAL PRODUCTION LOSSES
SEC. 101. CROP DISASTER ASSISTANCE.
(a) In General- The Secretary shall use such sums as are necessary of funds
of the Commodity Credit Corporation to make emergency financial assistance
authorized under this section available to producers on a farm that have
incurred qualifying losses described in subsection (c).
(1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall
make assistance available under this section in the same manner as provided
under section 815 of the Agriculture, Rural Development, Food and Drug
Administration and Related Agencies Appropriations Act, 2001 (Public Law
106-387; 114 Stat. 1549A-55), including using the same loss thresholds
for quantity and economic losses as were used in administering that section,
except that the payment rate shall be 50 percent of the established price,
instead of 65 percent.
(2) LOSS THRESHOLDS FOR QUALITY LOSSES- In the case of a payment for quality
loss for a crop under subsection (c)(2), the loss thresholds for quality
loss for the crop shall be determined under subsection (d).
(c) Qualifying Losses- Assistance under this section shall be made available
to producers on farms, other than producers of sugar cane and sugar beets,
that incurred qualifying quantity or quality losses for the 2005 crop due
to damaging weather or any related condition (including losses due to crop
diseases, insects, and delayed harvest), as determined by the Secretary.
(1) IN GENERAL- Subject to paragraph (3), the amount of a payment made
to producers on a farm for a quality loss for a crop under subsection
(c)(2) shall be equal to the amount obtained by multiplying--
(A) 65 percent of the payment quantity determined under paragraph (2);
by
(B) 50 percent of the payment rate determined under paragraph (3).
(2) PAYMENT QUANTITY- For the purpose of paragraph (1)(A), the payment
quantity for quality losses for a crop of a commodity on a farm shall
equal the lesser of--
(A) the actual production of the crop affected by a quality loss of
the commodity on the farm; or
(B) the quantity of expected production of the crop affected by a quality
loss of the commodity on the farm, using the formula used by the Secretary
to determine quantity losses for the crop of the commodity under subsection
(c)(1).
(3) PAYMENT RATE- For the purpose of paragraph (1)(B) and in accordance
with paragraphs (5) and (6), the payment rate for quality losses for a
crop of a commodity on a farm shall be equal to the difference between--
(A) the per unit market value that the units of the crop affected by
the quality loss would have had if the crop had not suffered a quality
loss; and
(B) the per unit market value of the units of the crop affected by the
quality loss.
(4) ELIGIBILITY- For producers on a farm to be eligible to obtain a payment
for a quality loss for a crop under subsection (c)(2), the amount obtained
by multiplying the per unit loss determined under paragraph (1) by the
number of units affected by the quality loss shall be at least 25 percent
of the value that all affected production of the crop would have had if
the crop had not suffered a quality loss.
(5) MARKETING CONTRACTS- In the case of any production of a commodity
that is sold pursuant to 1 or more marketing contracts (regardless of
whether the contract is entered into by the producers on the farm before
or after harvest) and for which appropriate documentation exists, the
quantity designated in the contracts shall be eligible for quality loss
assistance based on the 1 or more prices specified in the contracts.
(6) OTHER PRODUCTION- For any additional production of a commodity for
which a marketing contract does not exist or for which production continues
to be owned by the producer, quality losses shall be based on the average
local market discounts for reduced quality, as determined by the appropriate
State committee of the Farm Service Agency.
(7) QUALITY ADJUSTMENTS AND DISCOUNTS- The appropriate State committee
of the Farm Service Agency shall identify the appropriate quality adjustment
and discount factors to be considered in carrying out this subsection,
including--
(A) the average local discounts actually applied to a crop; and
(B) the discount schedules applied to loans made by the Farm Service
Agency or crop insurance coverage under the Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.).
(8) ELIGIBLE PRODUCTION- The Secretary shall carry out this subsection
in a fair and equitable manner for all eligible production, including
the production of fruits and vegetables, other specialty crops, and field
crops.
(e) Eligibility for Assistance-
(1) IN GENERAL- Except as provided in paragraph (2), the producers on
a farm shall not be eligible for assistance under this section with respect
to losses to an insurable commodity or noninsurable commodity if the producers
on the farm--
(A) in the case of an insurable commodity, did not obtain a policy or
plan of insurance for the insurable commodity under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses;
(B) in the case of a noninsurable commodity, did not file the required
paperwork, and pay the administrative fee by the applicable State filing
deadline, for the noninsurable commodity under section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the
crop incurring the losses;
(C) had average adjusted gross income (as defined by section 1001D(a)
of the Food Security Act of 1985 (7 U.S.C. 1308-3a(a)), of greater than
$2,500,000 in 2004; or
(D) were not in compliance with highly erodible land conservation and
wetland conservation provisions.
(2) CONTRACT WAIVER- The Secretary may waive paragraph (1) with respect
to the producers on a farm if the producers enter into a contract with
the Secretary under which the producers agree--
(A) in the case of an insurable commodity, to obtain a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.) providing additional coverage for the insurable commodity for
each of the next 2 crops, at a coverage level that provides--
(i) not less than 65 percent of the actual production history for
the crop produced on the farm; and
(ii) 100 percent of the expected market price or a comparable coverage
(as determined by the Federal Crop Insurance Corporation); and
(B) in the case of a noninsurable commodity, to file the required paperwork
and pay the administrative fee by the applicable State filing deadline,
for the noninsurable commodity for each of the next 2 crops under section
196 of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(3) EFFECT OF VIOLATION- In the event of the violation of a contract under
paragraph (2) by a producer, the producer shall reimburse the Secretary
for the full amount of the assistance provided to the producer under this
section.
(1) IN GENERAL- Subject to paragraph (2), the Secretary shall make payments
to producers on a farm for a crop under this section not later than 60
days after the date the producers on the farm submit to the Secretary
a completed application for the payments.
(2) INTEREST- If the Secretary does not make payments to the producers
on a farm by the date described in paragraph (1), the Secretary shall
pay to the producers on a farm interest on the payments at a rate equal
to the current (as of the sign-up deadline established by the Secretary)
market yield on outstanding, marketable obligations of the United States
with maturities of 30 years.
SEC. 102. LIVESTOCK ASSISTANCE.
(a) Livestock Compensation Program-
(1) USE OF COMMODITY CREDIT CORPORATION FUNDS- Effective beginning on
the date of enactment of this Act, the Secretary shall use funds of the
Commodity Credit Corporation to carry out the 2002 Livestock Compensation
Program announced by the Secretary on October 10, 2002 (67 Fed. Reg. 63070),
to provide compensation for livestock losses during calendar year 2005
due to a disaster, as determined by the Secretary, except that the payment
rate shall be 75 percent of the payment rate established for the 2002
Livestock Compensation Program.
(2) ELIGIBLE APPLICANTS- In carrying out the program described in paragraph
(1), the Secretary shall provide assistance to any applicant that--
(A)(i) conducts a livestock operation that is located in a disaster
county, including any applicant conducting a livestock operation with
eligible livestock (within the meaning of the livestock assistance program
under section 101(b) of division B of Public Law 108-324 (118 Stat.
1234)); or
(ii) produces an animal described in section 10806(a)(1) of the Farm
Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1)); and
(B) meets all other eligibility requirements established by the Secretary
for the program.
(3) MITIGATION- In determining the eligibility for or amount of payments
for which a producer is eligible under the livestock compensation program,
the Secretary shall not penalize a producer that takes actions (recognizing
disaster conditions) that reduce the average number of livestock the producer
owned for grazing during the production year for which assistance is being
provided.
(4) LIMITATION- The Secretary shall ensure, to the maximum extent practicable,
that no producer on a farm receives duplicative payments under this subsection
and another Federal program with respect to any loss.
(b) Livestock Indemnity Payments-
(1) IN GENERAL- The Secretary shall use such sums as are necessary of
funds of the Commodity Credit Corporation to make livestock indemnity
payments to producers on farms that have incurred livestock losses during
calendar year 2005 due to a disaster, as determined by the Secretary,
including losses due to hurricanes, floods, and anthrax.
(2) PAYMENT RATES- Indemnity payments to a producer on a farm under paragraph
(1) shall be made at a rate of not less than 30 percent of the market
value of the applicable livestock on the day before the date of death
of the livestock, as determined by the Secretary.
(c) Livestock Indemnity Program for Contract Growers-
(1) IN GENERAL- Subject to subsection (d), the Secretary shall use funds
of the Commodity Credit Corporation to establish a program to assist poultry
producers in hurricane-affected counties that suffered income losses.
(2) TERMS AND CONDITIONS- The program established under paragraph (1)
shall contain similar terms and conditions as the terms and conditions
used for the livestock indemnity program for contract growers described
in subpart E of chapter XIV of title 7, Code of Federal Regulations (as
in effect on January 1, 2002).
(d) Limit on Amount of Assistance- The Secretary shall ensure, to the maximum
extent practicable, that no producer on a farm receives duplicative payments
under this section and any other Federal program for the same loss.
SEC. 103. FLOODED CROP AND GRAZING LAND.
(a) In General- The Secretary shall compensate eligible owners of flooded
crop and grazing land in--
(1) the Devils Lake basin; and
(2) the McHugh, Lake Laretta, and Rose Lake closed drainage areas of the
State of North Dakota.
(1) IN GENERAL- To be eligible to receive compensation under this section,
an owner shall own land described in subsection (a) that, during the 2
crop years preceding receipt of compensation, was rendered incapable of
use for the production of an agricultural commodity or for grazing purposes
(in a manner consistent with the historical use of the land) as the result
of flooding, as determined by the Secretary.
(2) INCLUSIONS- Land described in paragraph (1) shall include--
(A) land that has been flooded;
(B) land that has been rendered inaccessible due to flooding; and
(C) a reasonable buffer strip adjoining the flooded land, as determined
by the Secretary.
(3) ADMINISTRATION- The Secretary may establish--
(A) reasonable minimum acreage levels for individual parcels of land
for which owners may receive compensation under this section; and
(B) the location and area of adjoining flooded land for which owners
may receive compensation under this section.
(c) Sign-up- The Secretary shall establish a sign-up program for eligible
owners to apply for compensation from the Secretary under this section.
(d) Compensation Payments-
(1) IN GENERAL- Subject to paragraphs (2) and (3), the rate of an annual
compensation payment under this section shall be equal to 90 percent of
the average annual per acre rental payment rate (at the time of entry
into the contract) for comparable crop or grazing land that has not been
flooded and remains in production in the county where the flooded land
is located, as determined by the Secretary.
(2) REDUCTION- An annual compensation payment under this section shall
be reduced by the amount of any conservation program rental payments or
Federal agricultural commodity program payments received by the owner
for the land during any crop year for which compensation is received under
this section.
(3) EXCLUSION- During any year in which an owner receives compensation
for flooded land under this section, the owner shall not be eligible to
participate in or receive benefits for the flooded land under--
(A) the Federal crop insurance program established under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.);
(B) the noninsured crop assistance program established under section
196 of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333); or
(C) any Federal agricultural crop disaster assistance program.
(e) Relationship to Agricultural Commodity Programs- The Secretary, by regulation,
shall provide for the preservation of cropland base, allotment history,
and payment yields applicable to land described in subsection (a) that was
rendered incapable of use for the production of an agricultural commodity
or for grazing purposes as the result of flooding.
(1) IN GENERAL- An owner that receives compensation under this section
for flooded land shall take such actions as are necessary to not degrade
any wildlife habitat on the land that has naturally developed as a result
of the flooding.
(2) RECREATIONAL ACTIVITIES- To encourage owners that receive compensation
for flooded land to allow public access to and use of the land for recreational
activities, as determined by the Secretary, the Secretary may--
(A) offer an eligible owner additional compensation; and
(B) provide compensation for additional acreage under this section.
(1) IN GENERAL- The Secretary shall use $6,000,000 of funds of the Commodity
Credit Corporation to carry out this section.
(2) PRO-RATED PAYMENTS- In a case in which the amount made available under
paragraph (1) for a fiscal year is insufficient to compensate all eligible
owners under this section, the Secretary shall pro-rate payments for that
fiscal year on a per acre basis.
SEC. 104. SUGARCANE AND SUGAR BEET DISASTER ASSISTANCE.
(a) Florida- The Secretary of Agriculture shall use $120,000,000 of funds
of the Commodity Credit Corporation to make payments to processors in Florida
that are eligible to obtain a loan under section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) to compensate first
processors and producers for crop and other losses in hurricane-affected
counties that are related to hurricanes, tropical storms, excessive rains,
floods, and wind in Florida during calendar year 2005, by an agreement on
the same terms and conditions, to the maximum extent practicable, as the
payments made under section 102 of the Emergency Supplemental Appropriations
for Hurricane Disasters Assistance Act of 2005 (Public Law 108-324; 118
Stat. 1235), including that the 2005 base production of each harvesting
unit shall be determined using the same base year crop production history
that was used pursuant to the agreement under that section.
(1) COMPENSATION FOR LOSSES- The Secretary shall use the funds, facilities,
and authorities of the Commodity Credit Corporation to make $120,000,000
in payments to first processors of sugarcane that operate in a disaster
county in Louisiana, or obtain sugarcane from a disaster county in Louisiana,
and that are eligible to obtain a loan under section 156(a) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)), to
compensate the producers and first processors for crop and other losses
due to Hurricane Katrina, Hurricane Rita, or related conditions.
(2) ADMINISTRATION- Assistance under this subsection shall be--
(A) shared by an affected first processor with affected producers that
provide commodities to the processor in a manner that reflects contracts
entered into between the processor and the producers, except with respect
to a portion of the amount of total assistance described under paragraph
(1) necessary to compensate affected producers for individual losses
experienced by the producers, including losses due to saltwater intrusion,
flooding, wind damage, or increased planting, replanting, or harvesting
costs, which shall be transferred by the first processor to the affected
producers without regard to contractual share arrangements; and
(B) made available under such terms and conditions as the Secretary
determines are necessary to carry out this subsection.
(3) LOSS DETERMINATION- In carrying out this subsection, the Secretary
shall use the same base year to determine crop loss that was elected by
a producer to determine crop loss in carrying out the hurricane assistance
program under section 207 of the Agricultural Assistance Act of 2003 (Public
Law 108-7; 117 Stat. 543).
(c) Funding- The Secretary shall use $40,000,000 of funds of the Commodity
Credit Corporation to provide assistance to sugar beet producers that suffered
production losses (including quality losses) for the 2005 crop year.
(d) Requirement- The Secretary shall make payments under this section in
the same manner as payments were made under section 208 of the Agricultural
Assistance Act of 2003 (Public Law 108-7; 117 Stat. 544), including using
the same indemnity benefits as were used in carrying out that section.
SEC. 105. SPECIALTY CROPS AND NURSERY CROPS.
(a) In General- The Secretary shall use funds of the Commodity Credit Corporation
to provide assistance to producers of specialty crops and nursery crops
in hurricane-affected counties.
(1) IN GENERAL- Assistance required by subsection (a) shall be carried
out by the Secretary under the same terms and conditions as the special
disaster relief programs carried out for producers that suffered from
crop damage and tree losses, and carried out related cleanup, in certain
areas of Florida due to Hurricanes Charley, Frances, and Jeanne during
August and September 2004, as described in the notice of program implementation
relating to Florida citrus, fruit, vegetable, and nursery crop disaster
programs (69 Fed. Reg. 63134 (October 29, 2004)).
(2) LOSS OF RECORDS- Due to the complete destruction of the business records
of many producers, the Secretary shall use the best available information
in determining eligibility, determining losses, and calculating payment
amounts under this section.
(c) Limit on Amount of Assistance- The Secretary shall ensure, to the maximum
extent practicable, that no producer on a farm receives duplicative payments
under this section and any other Federal program for the same loss.
SEC. 106. DAIRY ASSISTANCE.
The Secretary shall use $25,000,000 of the funds of the Commodity Credit
Corporation to make payments to dairy producers for dairy production losses
and dairy spoilage losses in hurricane-affected counties.
SEC. 107. COTTONSEED.
(a) Distribution of Funds- The Secretary shall provide disaster assistance
under subsection (c) and section 104 of the Emergency Supplemental Appropriations
for Hurricane Disasters Assistance Act, 2005 (Public Law 108-324; 118 Stat.
1235) under the same terms and conditions as assistance provided under section
206 of the Agricultural Assistance Act of 2003 (Public Law 108-7; 117 Stat.
543), except that assistance shall be--
(1) distributed to producers and first handlers of cottonseed; and
(2) based on cottonseed production during the most recent year for which
a disaster payment specifically for cottonseed was not authorized.
(b) Technical Amendment- Section 104 of the Emergency Supplemental Appropriations
for Hurricane Disasters Assistance Act, 2005 (Public Law 108-324; 118 Stat.
1235) is amended by inserting `or Secretary' after `President of the United
States'.
(c) Cottonseed Assistance- The Secretary shall use $15,000,000 of the funds
of the Commodity Credit Corporation to provide assistance to producers and
first-handlers of the 2005 crop of cottonseed in hurricane-affected counties.
SEC. 108. REDUCTION IN PAYMENTS.
The amount of any payment for which a producer is eligible under this title
shall be reduced by any amount received by the producer for the same loss
or any similar loss under--
(1) the Department of Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109-148; 119 Stat. 2680); or
(2) an agricultural disaster assistance provision contained in the announcement
of the Secretary on January 26, 2006.
TITLE II--SUPPLEMENTAL NUTRITION AND AGRICULTURAL ECONOMIC DISASTER ASSISTANCE
SEC. 201. REPLENISHMENT OF SECTION 32.
(a) Definition of Specialty Crop- In this section:
(1) IN GENERAL- The term `specialty crop' means any agricultural crop.
(2) EXCEPTION- The term `specialty crop' does not include--
(1) IN GENERAL- The Secretary shall use $25,500,000 of funds of the Commodity
Credit Corporation to make grants to the several States, the District
of Columbia, and the Commonwealth of Puerto Rico to be used to support
activities that promote agriculture.
(2) AMOUNTS- The amount of the grants shall be--
(A) $500,000 to each of the several States; and
(B) $250,000 to each of the Commonwealth of Puerto Rico and the District
of Columbia.
(c) Grants for Value of Production- The Secretary shall use $74,500,000
of funds of the Commodity Credit Corporation to make a grant to each of
the several States in an amount equal to the product obtained by multiplying--
(1) the share of the State of the total value of specialty crop, livestock,
and dairy production of the United States for the 2004 crop year, as determined
by the Secretary; by
(d) Special Crop and Livestock Priority- As a condition on the receipt of
a grant under this section, a State shall agree to give priority to the
support of specialty crops and livestock in the use of the grant funds.
(e) Use of Funds- A State may use funds from a grant awarded under this
section--
(1) to supplement State food bank programs or other nutrition assistance
programs;
(2) to promote the purchase, sale, or consumption of agricultural products;
(3) to provide economic assistance to agricultural producers, giving a
priority to the support of specialty crops and livestock; or
(4) for other purposes as determined by the Secretary.
SEC. 202. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.
The Secretary shall make a supplemental economic loss payment to any producer
on a farm that received a direct payment for crop year 2005 under title
I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et
seq.) at a rate equal to the product obtained by multiplying--
(1) 30 percent of the direct payment rate in effect for the program crop
of the farmer;
(2) 85 percent of the program crop base of the farmer; and
(3) the program payment yield for each program crop of the farmer.
SEC. 203. REDUCTION IN PAYMENTS.
The amount of any payment for which a producer is eligible under this title
shall be reduced by any amount received by the producer for the same loss
or any similar loss under--
(1) the Department of Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109-148; 119 Stat. 2680); or
(2) an agricultural disaster assistance provision contained in the announcement
of the Secretary on January 26, 2006.
TITLE III--FORESTRY
SEC. 301. TREE ASSISTANCE PROGRAM.
(a) Definition of Tree- In this section, the term `tree' includes a tree
(including a Christmas tree, ornamental tree, nursery tree, and potted tree),
bush (including a shrub), and vine.
(b) Program- Except as otherwise provided in this section, the Secretary
shall use such sums as are necessary of the funds of the Commodity Credit
Corporation to provide assistance under the tree assistance program established
under sections 10201 through 10203 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8201 et seq.) to--
(1) producers who suffered tree losses in hurricane-affected counties;
and
(2) fruit and tree nut producers in hurricane-affected counties for site
preparation, replacement, rehabilitation, and pruning.
(c) Costs- Funds made available under this section shall also be made available
to cover costs associated with tree pruning, tree rehabilitation, and other
appropriate tree-related activities as determined by the Secretary.
(d) Limit on Amount of Assistance- The Secretary shall ensure, to the maximum
extent practicable, that no producer on a farm receives duplicative payments
under this section and any other Federal program for the same loss.
TITLE IV--CONSERVATION
SEC. 401. NATURAL RESOURCES CONSERVATION SERVICE.
(a) Authority to Clear Debris and Animal Carcasses- Notwithstanding any
other provision of law, the Secretary, acting through the Natural Resources
Conservation Service, using funds made available for the emergency watershed
protection program established under section 403 of the Agricultural Credit
Act of 1978 (16 U.S.C. 2203), may provide financial and technical assistance
to remove and dispose of debris and animal carcasses that could adversely
affect health and safety on non-Federal land in a hurricane-affected county.
(b) Authority to Use Certain Practices- Notwithstanding any other provision
of law, the Secretary, acting through the Natural Resources Conservation
Service, may use direct check-writing practices and electronic transfers
to provide financial and technical assistance under the emergency watershed
protection program established under section 403 of the Agricultural Credit
Act of 1978 (16 U.S.C. 2203) in a hurricane-affected county.
TITLE V--FARM SERVICE AGENCY
SEC. 501. FUNDING FOR ADDITIONAL PERSONNEL.
The Secretary shall use $40,000,000 of funds of the Commodity Credit Corporation
to hire additional State and County Farm Service Agency personnel--
(1) to expedite the implementation of, and delivery under, the agricultural
disaster and economic assistance programs under this Act; and
(2) as the Secretary determines to be necessary to carry out other agriculture
and disaster assistance programs.
TITLE VI--MISCELLANEOUS
SEC. 601. AUTHORITY TO PROVIDE IMMUNIZATIONS.
Notwithstanding any other provision of law, the Secretary of Defense may
provide immunizations to employees of the Department of Agriculture involved
in direct recovery work in a hurricane-affected county.
SEC. 602. WAIVER OF CERTAIN PROVISIONS.
Notwithstanding any other provision of law, the Secretary may provide assistance
in a hurricane-affected county under the emergency conservation program
established under title IV of the Agricultural Credit Act of 1978 (16 U.S.C.
2201 et seq.) without regard to subtitle C of title XII of the Food Security
Act of 1985 (16 U.S.C. 3821 et seq.).
SEC. 603. FUNDING.
The Secretary shall use the funds, facilities, and authorities of the Commodity
Credit Corporation to carry out this Act, to remain available until expended.
SEC. 604. REGULATIONS.
(a) In General- The Secretary may promulgate such regulations as are necessary
to implement this Act.
(b) Procedure- The promulgation of the regulations and administration of
this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of title 5, United
States Code;
(2) the Statement of Policy of the Secretary of Agriculture effective
July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly known as the
`Paperwork Reduction Act').
(c) Congressional Review of Agency Rulemaking- In carrying out this section,
the Secretary shall use the authority provided under section 808 of title
5, United States Code.
TITLE VII--EMERGENCY DESIGNATION
SEC. 701. EMERGENCY DESIGNATION.
The amounts provided under this Act are designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
END
