II 

★(Star Print) 

109TH CONGRESS 

1ST SESSION S. 1692 

To provide disaster assistance to agricultural producers for crop and livestock 

losses, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2005 

Mr. CONRAD (for himself, Mr. DORGAN, Mr. JOHNSON, Mrs. MURRAY, Mr. 

SALAZAR, Ms. CANTWELL, and Ms. STABENOW) 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 2005’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 
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TITLE I—AGRICULTURAL PRODUCTION LOSSES 

Sec. 101. Crop disaster assistance. 

Sec. 102. Livestock assistance program. 

Sec. 103. Conservation programs. 

Sec. 104. Disaster relief for small business concerns damaged by drought. 

Sec. 105. Assistance to fisheries for red tide outbreak in New England. 

Sec. 106. Flooded crop and grazing land. 

Sec. 107. Regulations. 

TITLE II—NUTRITIONAL SUPPLEMENTAL ASSISTANCE AND 

AGRICULTURAL ECONOMIC STIMULUS 

Sec. 201. Replenishment of Section 32. 

Sec. 202. Extension of marketing loans. 

Sec. 203. Supplemental economic loss payments. 

TITLE III—EMERGENCY DESIGNATION 

Sec. 301. Emergency designation. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADDITIONAL COVERAGE.—The term ‘‘addi4 tional coverage’’ has the meaning given the term in 

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

6 (7 U.S.C. 1502(b)(1)). 

7 (2) INSURABLE COMMODITY.—The term ‘‘insur8 able commodity’’ means an agricultural commodity 

9 (excluding livestock) for which the producers on a 

10 farm are eligible to obtain a policy or plan of insur11 ance under the Federal Crop Insurance Act (7 

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

13 (3) LIVESTOCK.—The term ‘‘livestock’’ in14 cludes— 

15 (A) cattle; 

16 (B) bison; 
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1 (C) sheep; 

2 (D) swine; and 

3 (E) other livestock, as determined by the 

4 Secretary. 

5 (4) NONINSURABLE COMMODITY.—The term 

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

7 the producers on a farm are eligible to obtain assist8 ance under section 196 of the Federal Agriculture 

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

10 7333). 

11 (5) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Agriculture. 

13 TITLE I—AGRICULTURAL 

14 PRODUCTION LOSSES 

15 SEC. 101. CROP DISASTER ASSISTANCE. 

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

17 sums as are necessary of funds of the Commodity Credit 

18 Corporation to make emergency financial assistance au19 thorized under this section available to producers on a 

20 farm that have incurred qualifying losses described in sub21 section (c). 

22 (b) ADMINISTRATION.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the Secretary shall make assistance avail25 able under this section in the same manner as pro-
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1 vided under section 815 of the Agriculture, Rural 

2 Development, Food and Drug Administration and 

3 Related Agencies Appropriations Act, 2001 (Public 

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

5 using the same loss thresholds for quantity and eco6 nomic losses as were used in administering that sec7 tion, except that the loss threshold shall be 25 per8 cent instead of 35 percent and the payment rate 

9 shall be 50 percent of the established price, instead 

10 of 65 percent. 

11 (2) LOSS THRESHOLDS FOR QUALITY

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

13 for a crop under subsection (c)(2), the loss thresh14 olds for quality loss for the crop shall be determined 

15 under subsection (d). 

16 (c) QUALIFYING LOSSES.—Assistance under this sec17 tion may be made available for losses due to damaging 

18 weather or any related condition (including losses due to 

19 crop diseases and insects and delayed harvest) associated 

20 with crops that are (as determined by the Secretary) any 

21 combination of (as determined by the producers on a 

22 farm)— 

23 (1) quantity losses for the 2005 crop; 

24 (2) quality losses for the 2005 crop; or 

25 (3) severe economic losses for the 2005 crop. 
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1 (d) QUALITY LOSSES.— 

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

3 the amount of a payment made to producers on a 

4 farm for a quality loss for a crop under subsection 

5 (c)(2) shall be equal to the amount obtained by mul6 tiplying— 

7 (A) 75 percent of the payment quantity de8 termined under paragraph (2); by 

9 (B) 50 percent of the payment rate deter10 mined under paragraph (3). 

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

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

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

14 equal the lesser of— 

15 (A) the actual production of the crop of 

16 the commodity on the farm; or 

17 (B) the quantity of expected production of 

18 the crop of the commodity on the farm, using 

19 the formula used by the Secretary to determine 

20 quantity losses for the crop of the commodity 

21 under subsection (c)(1). 

22 (3) PAYMENT RATE.—For the purpose of para23 graph (1)(B) and in accordance with paragraphs (5) 

24 and (6), the payment rate for quality losses for a 
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1 crop of a commodity on a farm shall be equal to the 

2 difference between— 

3 (A) the per unit market value that the 

4 units of the crop affected by the quality loss 

5 would have had if the crop had not suffered a 

6 quality loss; and 

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

8 of the crop affected by the quality loss. 

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

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

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

12 by multiplying the per unit loss determined under 

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

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

15 value that all affected production of the crop would 

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

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

18 any production of a commodity that is sold pursuant 

19 to 1 or more marketing contracts (regardless of 

20 whether the contract is entered into by the pro21 ducers on the farm before or after harvest) and for 

22 which appropriate documentation exists, the quan23 tity designated in the contracts shall be eligible for 

24 quality loss assistance based on the 1 or more prices 

25 specified in the contracts. 
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1 (6) OTHER PRODUCTION.—For any additional 

2 production of a commodity for which a marketing 

3 contract does not exist or for which production con4 tinues to be owned and produced by the producers 

5 on a farm, quality losses shall be based on the aver6 age local market discounts for reduced quality, as 

7 determined by the appropriate State committee of 

8 the Farm Service Agency. 

9 (7) QUALITY ADJUSTMENTS AND DISCOUNTS.— 

10 The appropriate State committee of the Farm Serv11 ice Agency shall identify the appropriate quality ad12 justment and discount factors to be considered in 

13 carrying out this subsection, including the average 

14 local discount or loans made by the Farm Service 

15 Agency or crop insurance coverage under the Fed16 eral Crop Insurance Act (7 U.S.C. 1501 et seq.). 

17 (8) ELIGIBLE PRODUCTION.—The Secretary 

18 shall carry out this subsection in a fair and equitable 

19 manner for all eligible production, including the pro20 duction of fruits and vegetables, other specialty 

21 crops, and field crops. 

22 (e) ELIGIBILITY FOR ASSISTANCE.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the producers on a farm shall not be eli25 gible for assistance under this section with respect 
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1 to losses to an insurable commodity or noninsurable 

2 commodity if the producers on the farm— 

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

4 did not obtain a policy or plan of insurance for 

5 the insurable commodity under the Federal 

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

7 the crop incurring the losses; 

8 (B) in the case of a noninsurable com9 modity, did not file the required paperwork, and 

10 pay the administrative fee by the applicable 

11 State filing deadline, for the noninsurable com12 modity under section 196 of the Federal Agri13 culture Improvement and Reform Act of 1996 

14 (7 U.S.C. 7333) for the crop incurring the 

15 losses; 

16 (C) had average adjusted gross income (as 

17 defined by section 1001D(a) of the Food Secu18 rity Act of 1985 (7 U.S.C. 1308–3a(a)), of 

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

20 (D) were not in compliance with highly 

21 erodible land conservation and wetland con22 servation provisions. 

23 (2) CONTRACT WAIVER.—The Secretary may 

24 waive paragraph (1) with respect to the producers 
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1 on a farm if the producers enter into a contract with 

2 the Secretary under which the producers agree— 

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

4 to obtain a policy or plan of insurance under 

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

6 et seq.) providing additional coverage for the in7 surable commodity for each of the next 2 crops, 

8 at a coverage level this provides— 

9 (i) not less than 65 percent of the ac10 tual production history for the crop pro11 duced on the farm; and 

12 (ii) 100 percent of the expected mar13 ket price or a comparable coverage (as de14 termined by the Federal Crop Insurance 

15 Corporation); and 

16 (B) in the case of a noninsurable com17 modity, to file the required paperwork and pay 

18 the administrative fee by the applicable State 

19 filing deadline, for the noninsurable commodity 

20 for each of the next 2 crops under section 196 

21 of the Federal Agriculture Improvement and 

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

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

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

25 a producer, the producer shall reimburse the Sec-
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1 retary for the full amount of the assistance provided 

2 to the producer under this section. 

3 (f) TIMING.— 

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

5 the Secretary shall make payments to producers on 

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

7 60 days after the date the producers on the farm 

8 submit to the Secretary a completed application for 

9 the payments. 

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

11 payments to the producers on a farm by the date de12 scribed in paragraph (1), the Secretary shall pay to 

13 the producers on a farm interest on the payments at 

14 a rate equal to the current (as of the sign-up dead15 line established by the Secretary) market yield on 

16 outstanding, marketable obligations of the United 

17 States with maturities of 30 years. 

18 SEC. 102. LIVESTOCK ASSISTANCE PROGRAM. 

19 (a) EMERGENCY FINANCIAL ASSISTANCE.—The Sec20 retary shall use such sums as are necessary of funds of 

21 the Commodity Credit Corporation to make and admin22 ister payments for livestock losses to producers for 2005 

23 losses in a county that has received an emergency designa24 tion by the President or the Secretary during calendar 

25 year 2005, of which an amount determined by the Sec-
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1 retary shall be made available for the American Indian 

2 livestock program under section 806 of the Agriculture, 

3 Rural Development, Food and Drug Administration, and 

4 Related Agencies Appropriations Act, 2001 (Public Law 

5 106–387; 114 Stat. 1549A–51). 

6 (b) ADMINISTRATION.—The Secretary shall make as7 sistance available under this section in the same manner 

8 as provided under section 806 of the Agriculture, Rural 

9 Development, Food and Drug Administration, and Re10 lated Agencies Appropriations Act, 2001 (Public Law 

11 106–387; 114 Stat. 1549A–51). 

12 (c) MITIGATION.—In determining the eligibility for or 

13 amount of payments for which a producer is eligible under 

14 the livestock assistance program, the Secretary shall not 

15 penalize a producer that takes actions (recognizing dis16 aster conditions) that reduce the average number of live17 stock the producer owned for grazing during the produc18 tion year for which assistance is being provided. 

19 (d) INTEREST ON PRIOR PAYMENTS.— 

20 (1) IN GENERAL.—Payments that were due to 

21 a producer under section 101(b) of the Emergency 

22 Supplemental Appropriations for Hurricane Disas23 ters Assistance Act, 2005 (Public Law 108–324; 

24 118 Stat. 1234) but not paid by the Secretary as of 

25 August 28, 2005, shall earn interest at a rate equal 
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1 to the current (as of August 28, 2005) market yield 

2 on outstanding, marketable obligations of the United 

3 States with maturities of 30 years. 

4 (2) FUNDING.—Interest payable under para5 graph (1) shall be carried out using only funds made 

6 available for travel expenses, or salaries and ex7 penses of Presidential appointees, of the Department 

8 of Agriculture. 

9 (e) LIVESTOCK INDEMNITY PAYMENTS.— 

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

11 sums as are necessary of funds of the Commodity 

12 Credit Corporation to make livestock indemnity pay13 ments to producers on farms that have incurred live14 stock losses during calendar year 2005 due to a dis15 aster, as determined by the Secretary, including 

16 losses due to hurricanes, floods, and anthrax. 

17 (2) PAYMENT RATES.—The payment rate for 

18 indemnity payments made to producers on a farm 

19 under paragraph (1) shall be equal to— 

20 (A)(i) in the case of a cow, steer, or bull 

21 that weighs 500 pounds or more on the date of 

22 death of the cow, steer, or bull, $400 per head; 

23 and 

24 (ii) in the case of a cow, steer, or bull that 

25 weighs less than 500 pounds on the date of 
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1 death of the cow, steer, or bull, $250 per head; 

2 and 

3 (B) in the case of other types of livestock, 

4 a rate determined by the Secretary based on 

5 documentation provided by the producers on a 

6 farm, including a death certificate or other cer7 tification provided by a licensed veterinarian. 

8 SEC. 103. CONSERVATION PROGRAMS. 

9 (a) EMERGENCY CONSERVATION PROGRAM.—The 

10 Secretary shall use an additional $100,000,000 of the 

11 funds of the Commodity Credit Corporation to provide as12 sistance under the emergency conservation program estab13 lished under title IV of the Agricultural Credit Act of 1978 

14 (16 U.S.C. 2201 et seq.). 

15 (b) EMERGENCY WATERSHED PROTECTION PRO16 GRAM.—The Secretary shall use an additional 

17 $250,000,000 of the funds of the Commodity Credit Cor18 poration to provide assistance under the emergency water19 shed protection program established under section 403 of 

20 the Agricultural Credit Act of 1978 (16 U.S.C. 2203). 

21 SEC. 104. DISASTER RELIEF FOR SMALL BUSINESS CON22 CERNS DAMAGED BY DROUGHT. 

23 (a) DROUGHT DISASTER AUTHORITY.— 
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1 (1) DEFINITION OF DISASTER.—Section 3(k) of 

2 the Small Business Act (15 U.S.C. 632(k)) is 

3 amended— 

4 (A) by inserting ‘‘(1)’’ before ‘‘For the 

5 purposes’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(B) For purposes of section 7(b)(2), the term 

8 ‘disaster’ includes— 

9 ‘‘(i) drought; and 

10 ‘‘(ii) below average water levels in the 

11 Great Lakes, or on any body of water in the 

12 United States that supports commerce by small 

13 business concerns.’’. 

14 (2) DROUGHT DISASTER RELIEF AUTHORITY.— 

15 Section 7(b)(2) of the Small Business Act (15 

16 U.S.C. 636(b)(2)) is amended— 

17 (A) by inserting ‘‘(including drought), with 

18 respect to both farm-related and non-farm-re19 lated small business concerns,’’ before ‘‘if the 

20 Administration’’; and 

21 (B) in subparagraph (B), by striking ‘‘the 

22 Consolidated Farmers Home Administration 

23 Act of 1961 (7 U.S.C. 1961)’’ and inserting the 

24 following: ‘‘section 321 of the Consolidated 

25 Farm and Rural Development Act (7 U.S.C. 
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1 1961), in which case, assistance under this 

2 paragraph may be provided to farm-related and 

3 non-farm-related small business concerns, sub4 ject to the other applicable requirements of this 

5 paragraph’’. 

6 (b) LIMITATION ON LOANS.—From funds otherwise 

7 appropriated for loans under section 7(b) of the Small 

8 Business Act (15 U.S.C. 636(b)), not more than 

9 $9,000,000 may be used during each of fiscal years 2005 

10 through 2008, to provide drought disaster loans to non11 farm-related small business concerns in accordance with 

12 this section and the amendments made by this section. 

13 (c) PROMPT RESPONSE TO DISASTER REQUESTS.— 

14 Section 7(b)(2)(D) of the Small Business Act (15 U.S.C. 

15 636(b)(2)(D)) is amended in the second sentence by strik16 ing ‘‘Upon receipt of such certification, the Administration 

17 may’’ and inserting ‘‘Not later than 30 days after the date 

18 of receipt of such certification by a Governor of a State, 

19 the Administration shall respond in writing to that Gov20 ernor on its determination and the reasons therefore, and 

21 may’’. 

22 (d) RULEMAKING.—Not later than 45 days after the 

23 date of enactment of this Act, the Administrator of the 

24 Small Business Administration shall promulgate final 
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1 rules to carry out this section and the amendments made 

2 by this section. 

3 SEC. 105. ASSISTANCE TO FISHERIES FOR RED TIDE OUT4 BREAK IN NEW ENGLAND. 

5 (a) IN GENERAL.—Out of any funds in the Treasury 

6 not otherwise appropriated, the Secretary of the Treasury 

7 shall transfer to the Secretary of Commerce to provide as8 sistance to fisheries suffering due to the red tide outbreak 

9 in New England— 

10 (1) on October 1, 2005, $15,000,000; and 

11 (2) on October 1, 2006, $10,000,000. 

12 (b) RECEIPT AND ACCEPTANCE.—The Secretary of 

13 Commerce shall be entitled to receive, shall accept, and 

14 shall use to carry out this section the funds transferred 

15 under subsection (a), without further appropriation. 

16 (c) AVAILABILITY OF FUNDS.—Funds transferred 

17 under subsection (a) shall remain available until expended. 

18 SEC. 106. 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 

25 allow public access to and use of the land for rec-
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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 $15,000,000 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. 107. REGULATIONS. 

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

19 such regulations as are necessary to implement this Act 

20 and the amendments made by this Act. 

21 (b) PROCEDURE.—The promulgation of the regula22 tions and administration of this Act and the amendments 

23 made by this Act shall be made without regard to— 

24 (1) the notice and comment provisions of sec25 tion 553 of title 5, United States Code; 
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1 (2) the Statement of Policy of the Secretary of 

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

3 13804), relating to notices of proposed rulemaking 

4 and public participation in rulemaking; and 

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

6 (commonly known as the ‘‘Paperwork Reduction 

7 Act’’). 

8 (c) CONGRESSIONAL REVIEW OF AGENCY RULE9 MAKING.—In carrying out this section, the Secretary shall 

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

11 United States Code. 

12 TITLE II—NUTRITIONAL SUP13 PLEMENTAL ASSISTANCE 

14 AND AGRICULTURAL ECO15 NOMIC STIMULUS 

16 SEC. 201. REPLENISHMENT OF SECTION 32. 

17 (a) DEFINITION OF SPECIALTY CROP.—In this sec18 tion: 

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

20 means any agricultural crop. 

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

22 does not include— 

23 (A) wheat; 

24 (B) field grains; 

25 (C) oilseeds; 
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1 (D) cotton; 

2 (E) rice; 

3 (F) peanuts; or 

4 (G) tobacco. 

5 (b) BASE STATE GRANTS.— 

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

7 $25,500,000 of funds of the Commodity Credit Cor8 poration to make grants to the several States and 

9 the Commonwealth of Puerto Rico to be used to sup10 port activities that promote agriculture. 

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

12 be— 

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

14 and 

15 (B) $250,000 to each of the Common16 wealth of Puerto Rico and the District of Co17 lumbia. 

18 (c) GRANTS FOR VALUE OF PRODUCTION.—The Sec19 retary shall use $66,700,000 of funds of the Commodity 

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

21 States, as follows: 

22 (1) California, $31,660,000. 

23 (2) Florida, $8,430,000. 

24 (3) Washington, $4,805,000. 

25 (4) Idaho, $1,835,000. 
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1 (5) Arizona, $1,715,000. 

2 (6) Michigan, $1,625,000. 

3 (7) Oregon, $1,610,000. 

4 (8) Georgia, $1,365,000. 

5 (9) Texas, $1,330,000. 

6 (10) New York, $1,330,000. 

7 (11) Wisconsin, $1,285,000. 

8 (12) North Carolina, $770,000. 

9 (13) Colorado, $755,000. 

10 (14) North Dakota, $690,000. 

11 (15) Minnesota, $660,000. 

12 (16) Hawaii, $575,000. 

13 (17) New Jersey, $550,000. 

14 (18) Pennsylvania, $490,000. 

15 (19) New Mexico, $450,000. 

16 (20) Maine, $440,000. 

17 (21) Ohio, $400,000. 

18 (22) Indiana, $330,000. 

19 (23) Nebraska, $320,000. 

20 (24) Massachusetts, $320,000. 

21 (25) Virginia, $310,000. 

22 (26) Maryland, $250,000. 

23 (27) Louisiana, $230,000. 

24 (28) South Carolina, $220,000. 

25 (29) Tennessee, $200,000. 
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1 (30) Illinois, $200,000. 

2 (31) Oklahoma, $195,000. 

3 (32) Alabama, $150,000. 

4 (33) Delaware, $145,000. 

5 (34) Mississippi, $125,000. 

6 (35) Kansas, $105,000. 

7 (36) Arkansas, $105,000. 

8 (37) Missouri, $105,000. 

9 (38) Connecticut, $90,000. 

10 (39) Utah, $70,000. 

11 (40) Montana, $70,000. 

12 (41) New Hampshire, $60,000. 

13 (42) Nevada, $60,000. 

14 (43) Vermont, $60,000. 

15 (44) Iowa, $50,000. 

16 (45) West Virginia, $45,000. 

17 (46) Wyoming, $35,000. 

18 (47) Kentucky, $30,000. 

19 (48) South Dakota, $20,000. 

20 (49) Rhode Island, $20,000. 

21 (50) Alaska, $10,000. 

22 (d) SPECIAL CROP PRIORITY.—As a condition on the 

23 receipt of a grant under this section, a State shall agree 

24 to give priority to the support of specialty crops in the 

25 use of the grant funds. 
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1 (e) ADDITIONAL GRANTS.— 

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

3 $175,000,000 of funds of the Commodity Credit 

4 Corporation to make additional grants in accordance 

5 with paragraph (2) to— 

6 (A) the States of Alabama, Florida, Lou7 isiana, Mississippi, and Tennessee; and 

8 (B) any other State that is housing evac9 uees or suffering damage from Hurricane 

10 Katrina or a related condition. 

11 (2) PURPOSE OF GRANTS.—A grant provided 

12 under paragraph (1) shall— 

13 (A) be in an amount determined by the 

14 Secretary; and 

15 (B) be used in accordance with paragraph 

16 (3) to support activities that promote agri17 culture. 

18 (3) USE OF FUNDS.—A State may use funds 

19 from a grant awarded under this subsection— 

20 (A) to supplement State food bank pro21 grams or other nutrition assistance programs; 

22 (B) to promote the purchase, sale, or con23 sumption of agricultural products; 
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1 (C) to provide economic assistance to agri2 cultural producers, giving a priority to the sup3 port of specialty crops; or 

4 (D) for other purposes as determined by 

5 the Secretary. 

6 SEC. 202. EXTENSION OF MARKETING LOANS. 

7 (a) IN GENERAL.—Notwithstanding section 1203(b) 

8 of the Farm Security and Rural Investment Act of 2002 

9 (7 U.S.C. 7933(b)), the Secretary shall extend the date 

10 of settlement of any marketing assistance loan made avail11 able under subtitle B of that Act (7 U.S.C. 7931 et seq.) 

12 for a period of not less than 180 days after the date on 

13 which the loan reaches maturity. 

14 (b) STORAGE PAYMENTS.—During the period of an 

15 extension under subsection (a), the Secretary shall make 

16 storage payments for any commodity affected by the mar17 keting assistance loan for which the extension was grant18 ed. 

19 SEC. 203. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS. 

20 The Secretary shall make a supplemental economic 

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

22 payment or loan for crop year 2005 under title I of the 

23 Farm Security and Rural Investment Act of 2002 (7 

24 U.S.C. 7901 et seq.) at a rate equal to the product ob25 tained by multiplying— 
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1 (1) 20 percent of the direct payment rate in ef2 fect for the program crop of the farmer; 

3 (2) the program crop base of the farmer; and 

4 (3) the program payment yield for each pro5 gram crop of the farmer. 

6 TITLE III—EMERGENCY 

7 DESIGNATION 

8 SEC. 301. EMERGENCY DESIGNATION. 

9 The amounts provided under this Act are designated 

10 as an emergency requirement pursuant to section 402 of 

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

Æ