II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Emergency Agricultural Disaster Assistance Act of 

6 2006’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

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. 107. Cottonseed. 

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. 

Sec. 603. Funding. 

Sec. 604. Regulations. 

TITLE VII—EMERGENCY DESIGNATION 

Sec. 701. Emergency designation. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) ADDITIONAL COVERAGE.—The term ‘‘addi6 tional coverage’’ has the meaning given the term in 


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1 section 502(b)(1) of the Federal Crop Insurance Act 

2 (7 U.S.C. 1502(b)(1)). 

3 (2) DISASTER COUNTY.—The term ‘‘disaster 

4 county’’ means— 

5 (A) a county included in the geographic 

6 area covered by a natural disaster declaration; 

7 and 

8 (B) each county contiguous to a county de9 scribed in subparagraph (A). 

10 (3) HURRICANE-AFFECTED COUNTY.—The term 

11 ‘‘hurricane-affected county’’ means— 

12 (A) a county included in the geographic 

13 area covered by a natural disaster declaration 

14 related to Hurricane Katrina, Hurricane Rita, 

15 Hurricane Wilma, or a related condition; and 

16 (B) each county contiguous to a county de17 scribed in subparagraph (A). 

18 (4) INSURABLE COMMODITY.—The term ‘‘insur19 able commodity’’ means an agricultural commodity 

20 (excluding livestock) for which the producers on a 

21 farm are eligible to obtain a policy or plan of insur22 ance under the Federal Crop Insurance Act (7 

23 U.S.C. 1501 et seq.). 

24 (5) LIVESTOCK.—The term ‘‘livestock’’ in25 cludes— 


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1 (A) cattle (including dairy cattle); 

2 (B) bison; 

3 (C) sheep; 

4 (D) swine; and 

5 (E) other livestock, as determined by the 

6 Secretary. 

7 (6) NATURAL DISASTER DECLARATION.—The 

8 term ‘‘natural disaster declaration’’ means— 

9 (A) a natural disaster declared by the Sec10 retary— 

11 (i) during calendar year 2005 under 

12 section 321(a) of the Consolidated Farm 

13 and Rural Development Act (7 U.S.C. 

14 1961(a)); or 

15 (ii) during calendar year 2006 under 

16 that section, but for which a request was 

17 pending as of December 31, 2005; or 

18 (B) a major disaster or emergency des19 ignated by the President— 

20 (i) during calendar year 2005 under 

21 the Robert T. Stafford Disaster Relief and 

22 Emergency Assistance Act (42 U.S.C. 

23 5121 et seq.); or 


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1 (ii) during calendar year 2006 under 

2 that Act, but for which a request was 

3 pending as of December 31, 2005. 

4 (7) NONINSURABLE COMMODITY.—The term 

5 ‘‘noninsurable commodity’’ means a crop for which 

6 the producers on a farm are eligible to obtain assist7 ance under section 196 of the Federal Agriculture 

8 Improvement and Reform Act of 1996 (7 U.S.C. 

9 7333). 

10 (8) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Agriculture. 

12 TITLE I—AGRICULTURAL 

13 PRODUCTION LOSSES 

14 SEC. 101. CROP DISASTER ASSISTANCE. 

15 (a) IN GENERAL.—The Secretary shall use such 

16 sums as are necessary of funds of the Commodity Credit 

17 Corporation to make emergency financial assistance au18 thorized under this section available to producers on a 

19 farm that have incurred qualifying losses described in sub20 section (c). 

21 (b) ADMINISTRATION.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), the Secretary shall make assistance avail24 able under this section in the same manner as pro25 vided under section 815 of the Agriculture, Rural 


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1 Development, Food and Drug Administration and 

2 Related Agencies Appropriations Act, 2001 (Public 

3 Law 106–387; 114 Stat. 1549A–55), including 

4 using the same loss thresholds for quantity and eco5 nomic losses as were used in administering that sec6 tion, except that the payment rate shall be 50 per7 cent of the established price, instead of 65 percent. 

8 (2) LOSS THRESHOLDS FOR QUALITY

9 LOSSES.—In the case of a payment for quality loss 

10 for a crop under subsection (c)(2), the loss thresh11 olds for quality loss for the crop shall be determined 

12 under subsection (d). 

13 (c) QUALIFYING LOSSES.—Assistance under this sec14 tion shall be made available to producers on farms, other 

15 than producers of sugar cane and sugar beets, that in16 curred qualifying quantity or quality losses for the 2005 

17 crop due to damaging weather or any related condition 

18 (including losses due to crop diseases, insects, and delayed 

19 harvest), as determined by the Secretary. 

20 (d) QUALITY LOSSES.— 

21 (1) IN GENERAL.—Subject to paragraph (3), 

22 the amount of a payment made to producers on a 

23 farm for a quality loss for a crop under subsection 

24 (c)(2) shall be equal to the amount obtained by mul25 tiplying— 


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1 (A) 65 percent of the payment quantity de2 termined under paragraph (2); by 

3 (B) 50 percent of the payment rate deter4 mined under paragraph (3). 

5 (2) PAYMENT QUANTITY.—For the purpose of 

6 paragraph (1)(A), the payment quantity for quality 

7 losses for a crop of a commodity on a farm shall 

8 equal the lesser of— 

9 (A) the actual production of the crop af10 fected by a quality loss of the commodity on the 

11 farm; or 

12 (B) the quantity of expected production of 

13 the crop affected by a quality loss of the com14 modity on the farm, using the formula used by 

15 the Secretary to determine quantity losses for 

16 the crop of the commodity under subsection 

17 (c)(1). 

18 (3) PAYMENT RATE.—For the purpose of para19 graph (1)(B) and in accordance with paragraphs (5) 

20 and (6), the payment rate for quality losses for a 

21 crop of a commodity on a farm shall be equal to the 

22 difference between— 

23 (A) the per unit market value that the 

24 units of the crop affected by the quality loss 


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1 would have had if the crop had not suffered a 

2 quality loss; and 

3 (B) the per unit market value of the units 

4 of the crop affected by the quality loss. 

5 (4) ELIGIBILITY.—For producers on a farm to 

6 be eligible to obtain a payment for a quality loss for 

7 a crop under subsection (c)(2), the amount obtained 

8 by multiplying the per unit loss determined under 

9 paragraph (1) by the number of units affected by 

10 the quality loss shall be at least 25 percent of the 

11 value that all affected production of the crop would 

12 have had if the crop had not suffered a quality loss. 

13 (5) MARKETING CONTRACTS.—In the case of 

14 any production of a commodity that is sold pursuant 

15 to 1 or more marketing contracts (regardless of 

16 whether the contract is entered into by the pro17 ducers on the farm before or after harvest) and for 

18 which appropriate documentation exists, the quan19 tity designated in the contracts shall be eligible for 

20 quality loss assistance based on the 1 or more prices 

21 specified in the contracts. 

22 (6) OTHER PRODUCTION.—For any additional 

23 production of a commodity for which a marketing 

24 contract does not exist or for which production con25 tinues to be owned by the producer, quality losses 


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1 shall be based on the average local market discounts 

2 for reduced quality, as determined by the appro3 priate State committee of the Farm Service Agency. 

4 (7) QUALITY ADJUSTMENTS AND DISCOUNTS.— 

5 The appropriate State committee of the Farm Serv6 ice Agency shall identify the appropriate quality ad7 justment and discount factors to be considered in 

8 carrying out this subsection, including— 

9 (A) the average local discounts actually ap10 plied to a crop; and 

11 (B) the discount schedules applied to loans 

12 made by the Farm Service Agency or crop in13 surance coverage under the Federal Crop Insur14 ance Act (7 U.S.C. 1501 et seq.). 

15 (8) ELIGIBLE PRODUCTION.—The Secretary 

16 shall carry out this subsection in a fair and equitable 

17 manner for all eligible production, including the pro18 duction of fruits and vegetables, other specialty 

19 crops, and field crops. 

20 (e) ELIGIBILITY FOR ASSISTANCE.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the producers on a farm shall not be eli23 gible for assistance under this section with respect 

24 to losses to an insurable commodity or noninsurable 

25 commodity if the producers on the farm— 


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1 (A) in the case of an insurable commodity, 

2 did not obtain a policy or plan of insurance for 

3 the insurable commodity under the Federal 

4 Crop Insurance Act (7 U.S.C. 1501 et seq.) for 

5 the crop incurring the losses; 

6 (B) in the case of a noninsurable com7 modity, did not file the required paperwork, and 

8 pay the administrative fee by the applicable 

9 State filing deadline, for the noninsurable com10 modity under section 196 of the Federal Agri11 culture Improvement and Reform Act of 1996 

12 (7 U.S.C. 7333) for the crop incurring the 

13 losses; 

14 (C) had average adjusted gross income (as 

15 defined by section 1001D(a) of the Food Secu16 rity Act of 1985 (7 U.S.C. 1308–3a(a)), of 

17 greater than $2,500,000 in 2004; or 

18 (D) were not in compliance with highly 

19 erodible land conservation and wetland con20 servation provisions. 

21 (2) CONTRACT WAIVER.—The Secretary may 

22 waive paragraph (1) with respect to the producers 

23 on a farm if the producers enter into a contract with 

24 the Secretary under which the producers agree— 


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1 (A) in the case of an insurable commodity, 

2 to obtain a policy or plan of insurance under 

3 the Federal Crop Insurance Act (7 U.S.C. 1501 

4 et seq.) providing additional coverage for the in5 surable commodity for each of the next 2 crops, 

6 at a coverage level that provides— 

7 (i) not less than 65 percent of the ac8 tual production history for the crop pro9 duced on the farm; and 

10 (ii) 100 percent of the expected mar11 ket price or a comparable coverage (as de12 termined by the Federal Crop Insurance 

13 Corporation); and 

14 (B) in the case of a noninsurable com15 modity, to file the required paperwork and pay 

16 the administrative fee by the applicable State 

17 filing deadline, for the noninsurable commodity 

18 for each of the next 2 crops under section 196 

19 of the Federal Agriculture Improvement and 

20 Reform Act of 1996 (7 U.S.C. 7333). 

21 (3) EFFECT OF VIOLATION.—In the event of 

22 the violation of a contract under paragraph (2) by 

23 a producer, the producer shall reimburse the Sec24 retary for the full amount of the assistance provided 

25 to the producer under this section. 


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1 (f) TIMING.— 

2 (1) IN GENERAL.—Subject to paragraph (2), 

3 the Secretary shall make payments to producers on 

4 a farm for a crop under this section not later than 

5 60 days after the date the producers on the farm 

6 submit to the Secretary a completed application for 

7 the payments. 

8 (2) INTEREST.—If the Secretary does not make 

9 payments to the producers on a farm by the date de10 scribed in paragraph (1), the Secretary shall pay to 

11 the producers on a farm interest on the payments at 

12 a rate equal to the current (as of the sign-up dead13 line established by the Secretary) market yield on 

14 outstanding, marketable obligations of the United 

15 States with maturities of 30 years. 

16 SEC. 102. LIVESTOCK ASSISTANCE. 

17 (a) LIVESTOCK COMPENSATION PROGRAM.— 

18 (1) USE OF COMMODITY CREDIT CORPORATION

19 FUNDS.—Effective beginning on the date of enact20 ment of this Act, the Secretary shall use funds of 

21 the Commodity Credit Corporation to carry out the 

22 2002 Livestock Compensation Program announced 

23 by the Secretary on October 10, 2002 (67 Fed. Reg. 

24 63070), to provide compensation for livestock losses 

25 during calendar year 2005 due to a disaster, as deVerDate Aug 31 2005 02:54 Mar 18, 2006 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2438.IS S2438

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1 termined by the Secretary, except that the payment 

2 rate shall be 75 percent of the payment rate estab3 lished for the 2002 Livestock Compensation Pro4 gram. 

5 (2) ELIGIBLE APPLICANTS.—In carrying out 

6 the program described in paragraph (1), the Sec7 retary shall provide assistance to any applicant 

8 that— 

9 (A)(i) conducts a livestock operation that 

10 is located in a disaster county, including any 

11 applicant conducting a livestock operation with 

12 eligible livestock (within the meaning of the 

13 livestock assistance program under section 

14 101(b) of division B of Public Law 108–324 

15 (118 Stat. 1234)); or 

16 (ii) produces an animal described in sec17 tion 10806(a)(1) of the Farm Security and 

18 Rural Investment Act of 2002 (21 U.S.C. 

19 321d(a)(1)); and 

20 (B) meets all other eligibility requirements 

21 established by the Secretary for the program. 

22 (3) MITIGATION.—In determining the eligibility 

23 for or amount of payments for which a producer is 

24 eligible under the livestock compensation program, 

25 the Secretary shall not penalize a producer that 


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1 takes actions (recognizing disaster conditions) that 

2 reduce the average number of livestock the producer 

3 owned for grazing during the production year for 

4 which assistance is being provided. 

5 (4) LIMITATION.—The Secretary shall ensure, 

6 to the maximum extent practicable, that no producer 

7 on a farm receives duplicative payments under this 

8 subsection and another Federal program with re9 spect to any loss. 

10 (b) LIVESTOCK INDEMNITY PAYMENTS.— 

11 (1) IN GENERAL.—The Secretary shall use such 

12 sums as are necessary of funds of the Commodity 

13 Credit Corporation to make livestock indemnity pay14 ments to producers on farms that have incurred live15 stock losses during calendar year 2005 due to a dis16 aster, as determined by the Secretary, including 

17 losses due to hurricanes, floods, and anthrax. 

18 (2) PAYMENT RATES.—Indemnity payments to 

19 a producer on a farm under paragraph (1) shall be 

20 made at a rate of not less than 30 percent of the 

21 market value of the applicable livestock on the day 

22 before the date of death of the livestock, as deter23 mined by the Secretary. 

24 (c) LIVESTOCK INDEMNITY PROGRAM FOR CON25 TRACT GROWERS.— 


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1 (1) IN GENERAL.—Subject to subsection (d), 

2 the Secretary shall use funds of the Commodity 

3 Credit Corporation to establish a program to assist 

4 poultry producers in hurricane-affected counties that 

5 suffered income losses. 

6 (2) TERMS AND CONDITIONS.—The program 

7 established under paragraph (1) shall contain simi8 lar terms and conditions as the terms and conditions 

9 used for the livestock indemnity program for con10 tract growers described in subpart E of chapter XIV 

11 of title 7, Code of Federal Regulations (as in effect 

12 on January 1, 2002). 

13 (d) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec14 retary shall ensure, to the maximum extent practicable, 

15 that no producer on a farm receives duplicative payments 

16 under this section and any other Federal program for the 

17 same loss. 

18 SEC. 103. FLOODED CROP AND GRAZING LAND. 

19 (a) IN GENERAL.—The Secretary shall compensate 

20 eligible owners of flooded crop and grazing land in— 

21 (1) the Devils Lake basin; and 

22 (2) the McHugh, Lake Laretta, and Rose Lake 

23 closed drainage areas of the State of North Dakota. 

24 (b) ELIGIBILITY.— 


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1 (1) IN GENERAL.—To be eligible to receive 

2 compensation under this section, an owner shall own 

3 land described in subsection (a) that, during the 2 

4 crop years preceding receipt of compensation, was 

5 rendered incapable of use for the production of an 

6 agricultural commodity or for grazing purposes (in 

7 a manner consistent with the historical use of the 

8 land) as the result of flooding, as determined by the 

9 Secretary. 

10 (2) INCLUSIONS.—Land described in paragraph 

11 (1) shall include— 

12 (A) land that has been flooded; 

13 (B) land that has been rendered inacces14 sible due to flooding; and 

15 (C) a reasonable buffer strip adjoining the 

16 flooded land, as determined by the Secretary. 

17 (3) ADMINISTRATION.—The Secretary may es18 tablish— 

19 (A) reasonable minimum acreage levels for 

20 individual parcels of land for which owners may 

21 receive compensation under this section; and 

22 (B) the location and area of adjoining 

23 flooded land for which owners may receive com24 pensation under this section. 


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1 (c) SIGN-UP.—The Secretary shall establish a sign2 up program for eligible owners to apply for compensation 

3 from the Secretary under this section. 

4 (d) COMPENSATION PAYMENTS.— 

5 (1) IN GENERAL.—Subject to paragraphs (2) 

6 and (3), the rate of an annual compensation pay7 ment under this section shall be equal to 90 percent 

8 of the average annual per acre rental payment rate 

9 (at the time of entry into the contract) for com10 parable crop or grazing land that has not been flood11 ed and remains in production in the county where 

12 the flooded land is located, as determined by the 

13 Secretary. 

14 (2) REDUCTION.—An annual compensation 

15 payment under this section shall be reduced by the 

16 amount of any conservation program rental pay17 ments or Federal agricultural commodity program 

18 payments received by the owner for the land during 

19 any crop year for which compensation is received 

20 under this section. 

21 (3) EXCLUSION.—During any year in which an 

22 owner receives compensation for flooded land under 

23 this section, the owner shall not be eligible to par24 ticipate in or receive benefits for the flooded land 

25 under— 


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1 (A) the Federal crop insurance program 

2 established under the Federal Crop Insurance 

3 Act (7 U.S.C. 1501 et seq.); 

4 (B) the noninsured crop assistance pro5 gram established under section 196 of the Fed6 eral Agriculture Improvement and Reform Act 

7 of 1996 (7 U.S.C. 7333); or 

8 (C) any Federal agricultural crop disaster 

9 assistance program. 

10 (e) RELATIONSHIP TO AGRICULTURAL COMMODITY

11 PROGRAMS.—The Secretary, by regulation, shall provide 

12 for the preservation of cropland base, allotment history, 

13 and payment yields applicable to land described in sub14 section (a) that was rendered incapable of use for the pro15 duction of an agricultural commodity or for grazing pur16 poses as the result of flooding. 

17 (f) USE OF LAND.— 

18 (1) IN GENERAL.—An owner that receives com19 pensation under this section for flooded land shall 

20 take such actions as are necessary to not degrade 

21 any wildlife habitat on the land that has naturally 

22 developed as a result of the flooding. 

23 (2) RECREATIONAL ACTIVITIES.—To encourage 

24 owners that receive compensation for flooded land to 

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1 reational activities, as determined by the Secretary, 

2 the Secretary may— 

3 (A) offer an eligible owner additional com4 pensation; and 

5 (B) provide compensation for additional 

6 acreage under this section. 

7 (g) FUNDING.— 

8 (1) IN GENERAL.—The Secretary shall use 

9 $6,000,000 of funds of the Commodity Credit Cor10 poration to carry out this section. 

11 (2) PRO-RATED PAYMENTS.—In a case in which 

12 the amount made available under paragraph (1) for 

13 a fiscal year is insufficient to compensate all eligible 

14 owners under this section, the Secretary shall pro15 rate payments for that fiscal year on a per acre 

16 basis. 

17 SEC. 104. SUGARCANE AND SUGAR BEET DISASTER ASSIST18 ANCE. 

19 (a) FLORIDA.—The Secretary of Agriculture shall 

20 use $120,000,000 of funds of the Commodity Credit Cor21 poration to make payments to processors in Florida that 

22 are eligible to obtain a loan under section 156(a) of the 

23 Federal Agriculture Improvement and Reform Act of 1996 

24 (7 U.S.C. 7272(a)) to compensate first processors and 

25 producers for crop and other losses in hurricane-affected 


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1 counties that are related to hurricanes, tropical storms, 

2 excessive rains, floods, and wind in Florida during cal3 endar year 2005, by an agreement on the same terms and 

4 conditions, to the maximum extent practicable, as the pay5 ments made under section 102 of the Emergency Supple6 mental Appropriations for Hurricane Disasters Assistance 

7 Act of 2005 (Public Law 108–324; 118 Stat. 1235), in8 cluding that the 2005 base production of each harvesting 

9 unit shall be determined using the same base year crop 

10 production history that was used pursuant to the agree11 ment under that section. 

12 (b) LOUISIANA.— 

13 (1) COMPENSATION FOR LOSSES.—The Sec14 retary shall use the funds, facilities, and authorities 

15 of the Commodity Credit Corporation to make 

16 $120,000,000 in payments to first processors of sug17 arcane that operate in a disaster county in Lou18 isiana, or obtain sugarcane from a disaster county in 

19 Louisiana, and that are eligible to obtain a loan 

20 under section 156(a) of the Federal Agriculture Im21 provement and Reform Act of 1996 (7 U.S.C. 

22 7272(a)), to compensate the producers and first 

23 processors for crop and other losses due to Hurri24 cane Katrina, Hurricane Rita, or related conditions. 


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1 (2) ADMINISTRATION.—Assistance under this 

2 subsection shall be— 

3 (A) shared by an affected first processor 

4 with affected producers that provide commod5 ities to the processor in a manner that reflects 

6 contracts entered into between the processor 

7 and the producers, except with respect to a por8 tion of the amount of total assistance described 

9 under paragraph (1) necessary to compensate 

10 affected producers for individual losses experi11 enced by the producers, including losses due to 

12 saltwater intrusion, flooding, wind damage, or 

13 increased planting, replanting, or harvesting 

14 costs, which shall be transferred by the first 

15 processor to the affected producers without re16 gard to contractual share arrangements; and 

17 (B) made available under such terms and 

18 conditions as the Secretary determines are nec19 essary to carry out this subsection. 

20 (3) LOSS DETERMINATION.—In carrying out 

21 this subsection, the Secretary shall use the same 

22 base year to determine crop loss that was elected by 

23 a producer to determine crop loss in carrying out the 

24 hurricane assistance program under section 207 of 


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1 the Agricultural Assistance Act of 2003 (Public Law 

2 108–7; 117 Stat. 543). 

3 (c) FUNDING.—The Secretary shall use $40,000,000 

4 of funds of the Commodity Credit Corporation to provide 

5 assistance to sugar beet producers that suffered produc6 tion losses (including quality losses) for the 2005 crop 

7 year. 

8 (d) REQUIREMENT.—The Secretary shall make pay9 ments under this section in the same manner as payments 

10 were made under section 208 of the Agricultural Assist11 ance Act of 2003 (Public Law 108–7; 117 Stat. 544), in12 cluding using the same indemnity benefits as were used 

13 in carrying out that section. 

14 SEC. 105. SPECIALTY CROPS AND NURSERY CROPS. 

15 (a) IN GENERAL.—The Secretary shall use funds of 

16 the Commodity Credit Corporation to provide assistance 

17 to producers of specialty crops and nursery crops in hurri18 cane-affected counties. 

19 (b) ADMINISTRATION.— 

20 (1) IN GENERAL.—Assistance required by sub21 section (a) shall be carried out by the Secretary 

22 under the same terms and conditions as the special 

23 disaster relief programs carried out for producers 

24 that suffered from crop damage and tree losses, and 

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1 ida due to Hurricanes Charley, Frances, and Jeanne 

2 during August and September 2004, as described in 

3 the notice of program implementation relating to 

4 Florida citrus, fruit, vegetable, and nursery crop dis5 aster programs (69 Fed. Reg. 63134 (October 29, 

6 2004)). 

7 (2) LOSS OF RECORDS.—Due to the complete 

8 destruction of the business records of many pro9 ducers, the Secretary shall use the best available in10 formation in determining eligibility, determining 

11 losses, and calculating payment amounts under this 

12 section. 

13 (c) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec14 retary shall ensure, to the maximum extent practicable, 

15 that no producer on a farm receives duplicative payments 

16 under this section and any other Federal program for the 

17 same loss. 

18 SEC. 106. DAIRY ASSISTANCE. 

19 The Secretary shall use $25,000,000 of the funds of 

20 the Commodity Credit Corporation to make payments to 

21 dairy producers for dairy production losses and dairy 

22 spoilage losses in hurricane-affected counties. 

23 SEC. 107. COTTONSEED. 

24 (a) DISTRIBUTION OF FUNDS.—The Secretary shall 

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1 tion 104 of the Emergency Supplemental Appropriations 

2 for Hurricane Disasters Assistance Act, 2005 (Public Law 

3 108–324; 118 Stat. 1235) under the same terms and con4 ditions as assistance provided under section 206 of the Ag5 ricultural Assistance Act of 2003 (Public Law 108–7; 117 

6 Stat. 543), except that assistance shall be— 

7 (1) distributed to producers and first handlers 

8 of cottonseed; and 

9 (2) based on cottonseed production during the 

10 most recent year for which a disaster payment spe11 cifically for cottonseed was not authorized. 

12 (b) TECHNICAL AMENDMENT.—Section 104 of the 

13 Emergency Supplemental Appropriations for Hurricane 

14 Disasters Assistance Act, 2005 (Public Law 108–324; 118 

15 Stat. 1235) is amended by inserting ‘‘or Secretary’’ after 

16 ‘‘President of the United States’’. 

17 (c) COTTONSEED ASSISTANCE.—The Secretary shall 

18 use $15,000,000 of the funds of the Commodity Credit 

19 Corporation to provide assistance to producers and first20 handlers of the 2005 crop of cottonseed in hurricane-af21 fected counties. 

22 SEC. 108. REDUCTION IN PAYMENTS. 

23 The amount of any payment for which a producer is 

24 eligible under this title shall be reduced by any amount 


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1 received by the producer for the same loss or any similar 

2 loss under— 

3 (1) the Department of Defense, Emergency 

4 Supplemental Appropriations to Address Hurricanes 

5 in the Gulf of Mexico, and Pandemic Influenza Act, 

6 2006 (Public Law 109–148; 119 Stat. 2680); or 

7 (2) an agricultural disaster assistance provision 

8 contained in the announcement of the Secretary on 

9 January 26, 2006. 

10 TITLE II—SUPPLEMENTAL NU11 TRITION AND AGRICULTURAL 

12 ECONOMIC DISASTER ASSIST13 ANCE 

14 SEC. 201. REPLENISHMENT OF SECTION 32. 

15 (a) DEFINITION OF SPECIALTY CROP.—In this sec16 tion: 

17 (1) IN GENERAL.—The term ‘‘specialty crop’’ 

18 means any agricultural crop. 

19 (2) EXCEPTION.—The term ‘‘specialty crop’’ 

20 does not include— 

21 (A) wheat; 

22 (B) feed grains; 

23 (C) oilseeds; 

24 (D) cotton; 

25 (E) rice; or 


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1 (F) peanuts. 

2 (b) BASE STATE GRANTS.— 

3 (1) IN GENERAL.—The Secretary shall use 

4 $25,500,000 of funds of the Commodity Credit Cor5 poration to make grants to the several States, the 

6 District of Columbia, and the Commonwealth of 

7 Puerto Rico to be used to support activities that 

8 promote agriculture. 

9 (2) AMOUNTS.—The amount of the grants shall 

10 be— 

11 (A) $500,000 to each of the several States; 

12 and 

13 (B) $250,000 to each of the Common14 wealth of Puerto Rico and the District of Co15 lumbia. 

16 (c) GRANTS FOR VALUE OF PRODUCTION.—The Sec17 retary shall use $74,500,000 of funds of the Commodity 

18 Credit Corporation to make a grant to each of the several 

19 States in an amount equal to the product obtained by mul20 tiplying— 

21 (1) the share of the State of the total value of 

22 specialty crop, livestock, and dairy production of the 

23 United States for the 2004 crop year, as determined 

24 by the Secretary; by 

25 (2) $74,500,000. 


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1 (d) SPECIAL CROP AND LIVESTOCK PRIORITY.—As 

2 a condition on the receipt of a grant under this section, 

3 a State shall agree to give priority to the support of spe4 cialty crops and livestock in the use of the grant funds. 

5 (e) USE OF FUNDS.—A State may use funds from 

6 a grant awarded under this section— 

7 (1) to supplement State food bank programs or 

8 other nutrition assistance programs; 

9 (2) to promote the purchase, sale, or consump10 tion of agricultural products; 

11 (3) to provide economic assistance to agricul12 tural producers, giving a priority to the support of 

13 specialty crops and livestock; or 

14 (4) for other purposes as determined by the 

15 Secretary. 

16 SEC. 202. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS. 

17 The Secretary shall make a supplemental economic 

18 loss payment to any producer on a farm that received a 

19 direct payment for crop year 2005 under title I of the 

20 Farm Security and Rural Investment Act of 2002 (7 

21 U.S.C. 7901 et seq.) at a rate equal to the product ob22 tained by multiplying— 

23 (1) 30 percent of the direct payment rate in ef24 fect for the program crop of the farmer; 


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1 (2) 85 percent of the program crop base of the 

2 farmer; and 

3 (3) the program payment yield for each pro4 gram crop of the farmer. 

5 SEC. 203. REDUCTION IN PAYMENTS. 

6 The amount of any payment for which a producer is 

7 eligible under this title shall be reduced by any amount 

8 received by the producer for the same loss or any similar 

9 loss under— 

10 (1) the Department of Defense, Emergency 

11 Supplemental Appropriations to Address Hurricanes 

12 in the Gulf of Mexico, and Pandemic Influenza Act, 

13 2006 (Public Law 109–148; 119 Stat. 2680); or 

14 (2) an agricultural disaster assistance provision 

15 contained in the announcement of the Secretary on 

16 January 26, 2006. 

17 TITLE III—FORESTRY 

18 SEC. 301. TREE ASSISTANCE PROGRAM. 

19 (a) DEFINITION OF TREE.—In this section, the term 

20 ‘‘tree’’ includes a tree (including a Christmas tree, orna21 mental tree, nursery tree, and potted tree), bush (includ22 ing a shrub), and vine. 

23 (b) PROGRAM.—Except as otherwise provided in this 

24 section, the Secretary shall use such sums as are necessary 

25 of the funds of the Commodity Credit Corporation to proVerDate Aug 31 2005 02:54 Mar 18, 2006 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2438.IS S2438

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1 vide assistance under the tree assistance program estab2 lished under sections 10201 through 10203 of the Farm 

3 Security and Rural Investment Act of 2002 (7 U.S.C. 

4 8201 et seq.) to— 

5 (1) producers who suffered tree losses in hurri6 cane-affected counties; and 

7 (2) fruit and tree nut producers in hurricane8 affected counties for site preparation, replacement, 

9 rehabilitation, and pruning. 

10 (c) COSTS.—Funds made available under this section 

11 shall also be made available to cover costs associated with 

12 tree pruning, tree rehabilitation, and other appropriate 

13 tree-related activities as determined by the Secretary. 

14 (d) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec15 retary shall ensure, to the maximum extent practicable, 

16 that no producer on a farm receives duplicative payments 

17 under this section and any other Federal program for the 

18 same loss. 

19 TITLE IV—CONSERVATION 

20 SEC. 401. NATURAL RESOURCES CONSERVATION SERVICE. 

21 (a) AUTHORITY TO CLEAR DEBRIS AND ANIMAL

22 CARCASSES.—Notwithstanding any other provision of law, 

23 the Secretary, acting through the Natural Resources Con24 servation Service, using funds made available for the 

25 emergency watershed protection program established 


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1 under section 403 of the Agricultural Credit Act of 1978 

2 (16 U.S.C. 2203), may provide financial and technical as3 sistance to remove and dispose of debris and animal car4 casses that could adversely affect health and safety on 

5 non-Federal land in a hurricane-affected county. 

6 (b) AUTHORITY TO USE CERTAIN PRACTICES.—Not7 withstanding any other provision of law, the Secretary, 

8 acting through the Natural Resources Conservation Serv9 ice, may use direct check-writing practices and electronic 

10 transfers to provide financial and technical assistance 

11 under the emergency watershed protection program estab12 lished under section 403 of the Agricultural Credit Act 

13 of 1978 (16 U.S.C. 2203) in a hurricane-affected county. 

14 TITLE V—FARM SERVICE 

15 AGENCY 

16 SEC. 501. FUNDING FOR ADDITIONAL PERSONNEL. 

17 The Secretary shall use $40,000,000 of funds of the 

18 Commodity Credit Corporation to hire additional State 

19 and County Farm Service Agency personnel— 

20 (1) to expedite the implementation of, and de21 livery under, the agricultural disaster and economic 

22 assistance programs under this Act; and 

23 (2) as the Secretary determines to be necessary 

24 to carry out other agriculture and disaster assist25 ance programs. 


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1 TITLE VI—MISCELLANEOUS 

2 SEC. 601. AUTHORITY TO PROVIDE IMMUNIZATIONS. 

3 Notwithstanding any other provision of law, the Sec4 retary of Defense may provide immunizations to employ5 ees of the Department of Agriculture involved in direct 

6 recovery work in a hurricane-affected county. 

7 SEC. 602. WAIVER OF CERTAIN PROVISIONS. 

8 Notwithstanding any other provision of law, the Sec9 retary may provide assistance in a hurricane-affected 

10 county under the emergency conservation program estab11 lished under title IV of the Agricultural Credit Act of 1978 

12 (16 U.S.C. 2201 et seq.) without regard to subtitle C of 

13 title XII of the Food Security Act of 1985 (16 U.S.C. 

14 3821 et seq.). 

15 SEC. 603. FUNDING. 

16 The Secretary shall use the funds, facilities, and au17 thorities of the Commodity Credit Corporation to carry 

18 out this Act, to remain available until expended. 

19 SEC. 604. REGULATIONS. 

20 (a) IN GENERAL.—The Secretary may promulgate 

21 such regulations as are necessary to implement this Act. 

22 (b) PROCEDURE.—The promulgation of the regula23 tions and administration of this Act shall be made without 

24 regard to— 


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1 (1) the notice and comment provisions of sec2 tion 553 of title 5, United States Code; 

3 (2) the Statement of Policy of the Secretary of 

4 Agriculture effective July 24, 1971 (36 Fed. Reg. 

5 13804), relating to notices of proposed rulemaking 

6 and public participation in rulemaking; and 

7 (3) chapter 35 of title 44, United States Code 

8 (commonly known as the ‘‘Paperwork Reduction 

9 Act’’). 

10 (c) CONGRESSIONAL REVIEW OF AGENCY RULE11 MAKING.—In carrying out this section, the Secretary shall 

12 use the authority provided under section 808 of title 5, 

13 United States Code. 

14 TITLE VII—EMERGENCY 

15 DESIGNATION 

16 SEC. 701. EMERGENCY DESIGNATION. 

17 The amounts provided under this Act are designated 

18 as an emergency requirement pursuant to section 402 of 

19 H. Con. Res. 95 (109th Congress). 

Æ 


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