I 

109TH CONGRESS 

2D SESSION H. R. 5099 

To provide disaster assistance to agricultural producers for crop and livestock 

losses, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2006 

Mr. PETERSON of Minnesota (for himself, Mr. BONNER, Mr. BERRY, Mr. 

ROGERS of Alabama, Mr. ROSS, Mr. FOLEY, Mr. POMEROY, Mr. EVERETT, Mr. BOYD, Mr. ALEXANDER, Mr. CUELLAR, Mr. KENNEDY of Minnesota, Mr. MELANCON, Mrs. EMERSON, Mr. HINOJOSA, Mr. PICKERING, 

Ms. KAPTUR, Mr. BOUSTANY, Mr. SCOTT of Georgia, Mr. HULSHOF, Mr. 

MARSHALL, Mr. JINDAL, Ms. HERSETH, Mr. PORTER, Mr. SKELTON, 

and Mr. BAKER) introduced the following bill; which was referred to the 

Committee on Agriculture, and in addition to the Committees on Transportation and Infrastructure, Armed Services, Budget, and Resources, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This title may be cited as the 

3 ‘‘Emergency Agricultural Disaster Assistance Act of 

4 2006’’. 

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

6 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. 

Sec. 402. Emergency watershed protection program. 

Sec. 403. Emergency conservation program. 

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. 


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TITLE VIII—DROUGHT EMERGENCY ASSISTANCE 

Sec. 801. Corps of Engineers. 

Sec. 802. Bureau of Reclamation. 

Sec. 803. Emergency designation. 

1 SEC. 2. DEFINITIONS. 

2 In this title: 

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) DISASTER COUNTY.—The term ‘‘disaster 

8 county’’ means— 

9 (A) a county included in the geographic 

10 area covered by a natural disaster declaration; 

11 and 

12 (B) each county contiguous to a county de13 scribed in subparagraph (A). 

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

15 ‘‘hurricane-affected county’’ means— 

16 (A) a county included in the geographic 

17 area covered by a natural disaster declaration 

18 related to Hurricane Katrina, Hurricane Rita, 

19 Hurricane Wilma, or a related condition; and 

20 (B) each county contiguous to a county de21 scribed in subparagraph (A). 

22 (4) INSURABLE COMMODITY.—The term ‘‘insur23 able commodity’’ means an agricultural commodity 


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1 (excluding livestock) for which the producers on a 

2 farm are eligible to obtain a policy or plan of insur3 ance under the Federal Crop Insurance Act (7 

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

5 (5) LIVESTOCK.—The term ‘‘livestock’’ in6 cludes— 

7 (A) cattle (including dairy cattle); 

8 (B) bison; 

9 (C) sheep; 

10 (D) swine; and 

11 (E) other livestock, as determined by the 

12 Secretary. 

13 (6) NATURAL DISASTER DECLARATION.—The 

14 term ‘‘natural disaster declaration’’ means— 

15 (A) a natural disaster declared by the Sec16 retary— 

17 (i) during calendar year 2005 under 

18 section 321(a) of the Consolidated Farm 

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

20 1961(a)); or 

21 (ii) during calendar year 2006 under 

22 that section, but for which a request was 

23 pending as of the date of enactment of this 

24 Act; or 


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1 (B) a major disaster or emergency des2 ignated by the President— 

3 (i) during calendar year 2005 under 

4 the Robert T. Stafford Disaster Relief and 

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

6 5121 et seq.); or 

7 (ii) during calendar year 2006 under 

8 that Act, but for which a request was 

9 pending as of the date of enactment of this 

10 Act. 

11 (7) NONINSURABLE COMMODITY.—The term 

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

13 the producers on a farm are eligible to obtain assist14 ance under section 196 of the Federal Agriculture 

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

16 7333). 

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

18 the Secretary of Agriculture. 

19 TITLE I—AGRICULTURAL 

20 PRODUCTION LOSSES 

21 SEC. 101. CROP DISASTER ASSISTANCE. 

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

23 sums as are necessary of funds of the Commodity Credit 

24 Corporation to make emergency financial assistance au25 thorized under this section available to producers on a 


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1 farm that have incurred qualifying losses described in sub2 section (c). 

3 (b) ADMINISTRATION.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the Secretary shall make assistance avail6 able under this section in the same manner as pro7 vided under section 815 of the Agriculture, Rural 

8 Development, Food and Drug Administration and 

9 Related Agencies Appropriations Act, 2001 (Public 

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

11 using the same loss thresholds for quantity and eco12 nomic losses as were used in administering that sec13 tion, except that the payment rate shall be 50 per14 cent of the established price, instead of 65 percent. 

15 (2) LOSS THRESHOLDS FOR QUALITY

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

17 for a crop under subsection (c)(2), the loss thresh18 olds for quality loss for the crop shall be determined 

19 under subsection (d). 

20 (c) QUALIFYING LOSSES.—Assistance under this sec21 tion shall be made available to producers on farms, other 

22 than producers of sugar cane and sugar beets, that in23 curred qualifying quantity or quality losses for— 

24 (1) the 2005 crop due to damaging weather or 

25 any related condition (including losses due to crop 


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1 diseases, insects, and delayed harvest), as deter2 mined by the Secretary; and 

3 (2) the 2006 crop due to flooding in California 

4 and Hawaii that occurred prior to the date of enact5 ment of this Act and for which a petition for a dis6 aster designation has been filed with the Secretary 

7 not later than that date. 

8 (d) QUALITY LOSSES.— 

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

10 the amount of a payment made to producers on a 

11 farm for a quality loss for a crop under subsection 

12 (c)(2) shall be equal to the amount obtained by mul13 tiplying— 

14 (A) 65 percent of the payment quantity de15 termined under paragraph (2); by 

16 (B) 50 percent of the payment rate deter17 mined under paragraph (3). 

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

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

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

21 equal the lesser of— 

22 (A) the actual production of the crop af23 fected by a quality loss of the commodity on the 

24 farm; or 


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1 (B) the quantity of expected production of 

2 the crop affected by a quality loss of the com3 modity on the farm, using the formula used by 

4 the Secretary to determine quantity losses for 

5 the crop of the commodity under subsection 

6 (c)(1). 

7 (3) PAYMENT RATE.—For the purpose of para8 graph (1)(B) and in accordance with paragraphs (5) 

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

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

11 difference between— 

12 (A) the per unit market value that the 

13 units of the crop affected by the quality loss 

14 would have had if the crop had not suffered a 

15 quality loss; and 

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

17 of the crop affected by the quality loss. 

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

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

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

21 by multiplying the per unit loss determined under 

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

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

24 value that all affected production of the crop would 

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


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

2 any production of a commodity that is sold pursuant 

3 to 1 or more marketing contracts (regardless of 

4 whether the contract is entered into by the pro5 ducers on the farm before or after harvest) and for 

6 which appropriate documentation exists, the quan7 tity designated in the contracts shall be eligible for 

8 quality loss assistance based on the 1 or more prices 

9 specified in the contracts. 

10 (6) OTHER PRODUCTION.—For any additional 

11 production of a commodity for which a marketing 

12 contract does not exist or for which production con13 tinues to be owned by the producer, quality losses 

14 shall be based on the average local market discounts 

15 for reduced quality, as determined by the appro16 priate State committee of the Farm Service Agency. 

17 (7) QUALITY ADJUSTMENTS AND DISCOUNTS.— 

18 The appropriate State committee of the Farm Serv19 ice Agency shall identify the appropriate quality ad20 justment and discount factors to be considered in 

21 carrying out this subsection, including— 

22 (A) the average local discounts actually ap23 plied to a crop; and 

24 (B) the discount schedules applied to loans 

25 made by the Farm Service Agency or crop inVerDate Aug 31 2005 08:46 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5099.IH H5099

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1 surance coverage under the Federal Crop Insur2 ance Act (7 U.S.C. 1501 et seq.). 

3 (8) ELIGIBLE PRODUCTION.—The Secretary 

4 shall carry out this subsection in a fair and equitable 

5 manner for all eligible production, including the pro6 duction of fruits and vegetables, other specialty 

7 crops, and field crops. 

8 (e) ELIGIBILITY FOR ASSISTANCE.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), the producers on a farm shall not be eli11 gible for assistance under this section with respect 

12 to losses to an insurable commodity or noninsurable 

13 commodity if the producers on the farm— 

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

15 did not obtain a policy or plan of insurance for 

16 the insurable commodity under the Federal 

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

18 the crop incurring the losses; 

19 (B) in the case of a noninsurable com20 modity, did not file the required paperwork, and 

21 pay the administrative fee by the applicable 

22 State filing deadline, for the noninsurable com23 modity under section 196 of the Federal Agri24 culture Improvement and Reform Act of 1996 


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1 (7 U.S.C. 7333) for the crop incurring the 

2 losses; 

3 (C) had average adjusted gross income (as 

4 defined by section 1001D(a) of the Food Secu5 rity Act of 1985 (7 U.S.C. 1308–3a(a)), of 

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

7 (D) were not in compliance with highly 

8 erodible land conservation and wetland con9 servation provisions. 

10 (2) CONTRACT WAIVER.—The Secretary may 

11 waive paragraph (1) with respect to the producers 

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

13 the Secretary under which the producers agree— 

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

15 to obtain a policy or plan of insurance under 

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

17 et seq.) providing additional coverage for the in18 surable commodity for each of the next 2 crops, 

19 at a coverage level that provides— 

20 (i) not less than 65 percent of the ac21 tual production history for the crop pro22 duced on the farm; and 

23 (ii) 100 percent of the expected mar24 ket price or a comparable coverage (as deVerDate Aug 31 2005 08:46 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5099.IH H5099

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1 termined by the Federal Crop Insurance 

2 Corporation); and 

3 (B) in the case of a noninsurable com4 modity, to file the required paperwork and pay 

5 the administrative fee by the applicable State 

6 filing deadline, for the noninsurable commodity 

7 for each of the next 2 crops under section 196 

8 of the Federal Agriculture Improvement and 

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

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

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

12 a producer, the producer shall reimburse the Sec13 retary for the full amount of the assistance provided 

14 to the producer under this section. 

15 (f) TIMING.— 

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

17 the Secretary shall make payments to producers on 

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

19 60 days after the date the producers on the farm 

20 submit to the Secretary a completed application for 

21 the payments. 

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

23 payments to the producers on a farm by the date de24 scribed in paragraph (1), the Secretary shall pay to 

25 the producers on a farm interest on the payments at 


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1 a rate equal to the current (as of the sign-up dead2 line established by the Secretary) market yield on 

3 outstanding, marketable obligations of the United 

4 States with maturities of 30 years. 

5 SEC. 102. LIVESTOCK ASSISTANCE. 

6 (a) LIVESTOCK COMPENSATION PROGRAM.— 

7 (1) USE OF COMMODITY CREDIT CORPORATION

8 FUNDS.—Effective beginning on the date of enact9 ment of this Act, the Secretary shall use funds of 

10 the Commodity Credit Corporation to carry out the 

11 2002 Livestock Compensation Program announced 

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

13 63070), to provide compensation for livestock losses 

14 during calendar years 2005 and 2006 for losses that 

15 occurred prior to the date of enactment of this Act 

16 (including wildfire disaster losses in the State of 

17 Texas and other States) due to a disaster, as deter18 mined by the Secretary, except that the payment 

19 rate shall be 75 percent of the payment rate estab20 lished for the 2002 Livestock Compensation Pro21 gram. 

22 (2) ELIGIBLE APPLICANTS.—In carrying out 

23 the program described in paragraph (1), the Sec24 retary shall provide assistance to any applicant 

25 that— 


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

2 is located in a disaster county, including any 

3 applicant conducting a livestock operation with 

4 eligible livestock (within the meaning of the 

5 livestock assistance program under section 

6 101(b) of division B of Public Law 108–324 

7 (118 Stat. 1234)); or 

8 (ii) produces an animal described in sec9 tion 10806(a)(1) of the Farm Security and 

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

11 321d(a)(1)); and 

12 (B) meets all other eligibility requirements 

13 established by the Secretary for the program. 

14 (3) MITIGATION.—In determining the eligibility 

15 for or amount of payments for which a producer is 

16 eligible under the livestock compensation program, 

17 the Secretary shall not penalize a producer that 

18 takes actions (recognizing disaster conditions) that 

19 reduce the average number of livestock the producer 

20 owned for grazing during the production year for 

21 which assistance is being provided. 

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

23 to the maximum extent practicable, that no producer 

24 on a farm receives duplicative payments under this 


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1 subsection and another Federal program with re2 spect to any loss. 

3 (b) LIVESTOCK INDEMNITY PAYMENTS.— 

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

5 sums as are necessary of funds of the Commodity 

6 Credit Corporation to make livestock indemnity pay7 ments to producers on farms that have incurred live8 stock losses during calendar years 2005 and 2006 

9 for losses that occurred prior to the date of enact10 ment of this Act (including wildfire disaster losses in 

11 the State of Texas and other States) due to a dis12 aster, as determined by the Secretary, including 

13 losses due to hurricanes, floods, anthrax, and 

14 wildfires. 

15 (2) PAYMENT RATES.—Indemnity payments to 

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

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

18 market value of the applicable livestock on the day 

19 before the date of death of the livestock, as deter20 mined by the Secretary. 

21 (c) LIVESTOCK INDEMNITY PROGRAM FOR CON22 TRACT GROWERS.— 

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

24 the Secretary shall use funds of the Commodity 

25 Credit Corporation to establish a program to assist 


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1 poultry producers in hurricane-affected counties that 

2 suffered income losses. 

3 (2) TERMS AND CONDITIONS.—The program 

4 established under paragraph (1) shall contain simi5 lar terms and conditions as the terms and conditions 

6 used for the livestock indemnity program for con7 tract growers described in subpart E of chapter XIV 

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

9 on January 1, 2002). 

10 (d) EWE LAMB REPLACEMENT AND RETENTION.— 

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

12 $15,000,000 of funds of the Commodity Credit Cor13 poration to make payments under the Ewe Lamb 

14 Replacement and Retention Payment Program 

15 under part 784 of title 7, Code of Federal Regula16 tions (or a successor regulation) for each qualifying 

17 ewe lamb retained or purchased during the period 

18 beginning on January 1, 2006, and ending on De19 cember 31, 2006. 

20 (2) INELIGIBILITY FOR OTHER ASSISTANCE.—A 

21 producer that receives assistance under this sub22 section shall not be eligible to receive assistance 

23 under subsection (a). 

24 (e) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec25 retary shall ensure, to the maximum extent practicable, 


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1 that no producer on a farm receives duplicative payments 

2 under this section and any other Federal program for the 

3 same loss. 

4 SEC. 103. FLOODED CROP AND GRAZING LAND. 

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

6 eligible owners of flooded crop and grazing land in— 

7 (1) the Devils Lake basin; and 

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

9 closed drainage areas of the State of North Dakota. 

10 (b) ELIGIBILITY.— 

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

12 compensation under this section, an owner shall own 

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

14 crop years preceding receipt of compensation, was 

15 rendered incapable of use for the production of an 

16 agricultural commodity or for grazing purposes (in 

17 a manner consistent with the historical use of the 

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

19 Secretary. 

20 (2) INCLUSIONS.—Land described in paragraph 

21 (1) shall include— 

22 (A) land that has been flooded; 

23 (B) land that has been rendered inacces24 sible due to flooding; and 


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1 (C) a reasonable buffer strip adjoining the 

2 flooded land, as determined by the Secretary. 

3 (3) ADMINISTRATION.—The Secretary may es4 tablish— 

5 (A) reasonable minimum acreage levels for 

6 individual parcels of land for which owners may 

7 receive compensation under this section; and 

8 (B) the location and area of adjoining 

9 flooded land for which owners may receive com10 pensation under this section. 

11 (c) SIGN-UP.—The Secretary shall establish a sign12 up program for eligible owners to apply for compensation 

13 from the Secretary under this section. 

14 (d) COMPENSATION PAYMENTS.— 

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

16 and (3), the rate of an annual compensation pay17 ment under this section shall be equal to 90 percent 

18 of the average annual per acre rental payment rate 

19 (at the time of entry into the contract) for com20 parable crop or grazing land that has not been flood21 ed and remains in production in the county where 

22 the flooded land is located, as determined by the 

23 Secretary. 

24 (2) REDUCTION.—An annual compensation 

25 payment under this section shall be reduced by the 


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1 amount of any conservation program rental pay2 ments or Federal agricultural commodity program 

3 payments received by the owner for the land during 

4 any crop year for which compensation is received 

5 under this section. 

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

7 owner receives compensation for flooded land under 

8 this section, the owner shall not be eligible to par9 ticipate in or receive benefits for the flooded land 

10 under— 

11 (A) the Federal crop insurance program 

12 established under the Federal Crop Insurance 

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

14 (B) the noninsured crop assistance pro15 gram established under section 196 of the Fed16 eral Agriculture Improvement and Reform Act 

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

18 (C) any Federal agricultural crop disaster 

19 assistance program. 

20 (e) RELATIONSHIP TO AGRICULTURAL COMMODITY

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

22 for the preservation of cropland base, allotment history, 

23 and payment yields applicable to land described in sub24 section (a) that was rendered incapable of use for the proVerDate Aug 31 2005 08:46 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5099.IH H5099

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1 duction of an agricultural commodity or for grazing pur2 poses as the result of flooding. 

3 (f) USE OF LAND.— 

4 (1) IN GENERAL.—An owner that receives com5 pensation under this section for flooded land shall 

6 take such actions as are necessary to not degrade 

7 any wildlife habitat on the land that has naturally 

8 developed as a result of the flooding. 

9 (2) RECREATIONAL ACTIVITIES.—To encourage 

10 owners that receive compensation for flooded land to 

11 allow public access to and use of the land for rec12 reational activities, as determined by the Secretary, 

13 the Secretary may— 

14 (A) offer an eligible owner additional com15 pensation; and 

16 (B) provide compensation for additional 

17 acreage under this section. 

18 (g) FUNDING.— 

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

20 $6,000,000 of funds of the Commodity Credit Cor21 poration to carry out this section. 

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

23 the amount made available under paragraph (1) for 

24 a fiscal year is insufficient to compensate all eligible 

25 owners under this section, the Secretary shall proVerDate Aug 31 2005 08:46 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H5099.IH H5099

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1 rate payments for that fiscal year on a per acre 

2 basis. 

3 SEC. 104. SUGARCANE AND SUGAR BEET DISASTER ASSIST4 ANCE. 

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

6 use $120,000,000 of funds of the Commodity Credit Cor7 poration to make payments to processors in Florida that 

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

9 Federal Agriculture Improvement and Reform Act of 1996 

10 (7 U.S.C. 7272(a)) to compensate first processors and 

11 producers for crop and other losses in hurricane-affected 

12 counties that are related to hurricanes, tropical storms, 

13 excessive rains, floods, and wind in Florida during cal14 endar year 2005, by an agreement on the same terms and 

15 conditions, to the maximum extent practicable, as the pay16 ments made under section 102 of the Emergency Supple17 mental Appropriations for Hurricane Disasters Assistance 

18 Act of 2005 (Public Law 108–324; 118 Stat. 1235), in19 cluding that the 2005 base production of each harvesting 

20 unit shall be determined using the same base year crop 

21 production history that was used pursuant to the agree22 ment under that section. 

23 (b) LOUISIANA.— 

24 (1) COMPENSATION FOR LOSSES.—The Sec25 retary shall use the funds, facilities, and authorities 


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1 of the Commodity Credit Corporation to make 

2 $120,000,000 in payments to first processors of sug3 arcane that operate in a disaster county in Lou4 isiana, or obtain sugarcane from a disaster county in 

5 Louisiana, and that are eligible to obtain a loan 

6 under section 156(a) of the Federal Agriculture Im7 provement and Reform Act of 1996 (7 U.S.C. 

8 7272(a)), to compensate the producers and first 

9 processors for crop and other losses due to Hurri10 cane Katrina, Hurricane Rita, or related conditions. 

11 (2) ADMINISTRATION.—Assistance under this 

12 subsection shall be— 

13 (A) shared by an affected first processor 

14 with affected producers that provide commod15 ities to the processor in a manner that reflects 

16 contracts entered into between the processor 

17 and the producers, except with respect to a por18 tion of the amount of total assistance described 

19 under paragraph (1) necessary to compensate 

20 affected producers for individual losses experi21 enced by the producers, including losses due to 

22 saltwater intrusion, flooding, wind damage, or 

23 increased planting, replanting, or harvesting 

24 costs, which shall be transferred by the first 


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1 processor to the affected producers without re2 gard to contractual share arrangements; and 

3 (B) made available under such terms and 

4 conditions as the Secretary determines are nec5 essary to carry out this subsection. 

6 (3) LOSS DETERMINATION.—In carrying out 

7 this subsection, the Secretary shall use the same 

8 base year to determine crop loss that was elected by 

9 a producer to determine crop loss in carrying out the 

10 hurricane assistance program under section 207 of 

11 the Agricultural Assistance Act of 2003 (Public Law 

12 108–7; 117 Stat. 543). 

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

14 of funds of the Commodity Credit Corporation to provide 

15 assistance to sugar beet producers that suffered produc16 tion losses (including quality losses) for the 2005 crop 

17 year. 

18 (d) REQUIREMENT.—The Secretary shall make pay19 ments under subsection (c) in the same manner as pay20 ments were made under section 208 of the Agricultural 

21 Assistance Act of 2003 (Public Law 108–7; 117 Stat. 

22 544), including using the same indemnity benefits as were 

23 used in carrying out that section. 

24 (e) TEXAS.—The Secretary shall use $400,000 of 

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1 arcane growers in Texas by making a payment in that 

2 amount to the Rio Grande Valley Sugar Growers, a farm3 er-owned cooperative sugarcane processor in that State, 

4 for additional demurrage costs at the Port of Baton Rouge 

5 and additional storage and transportation costs of raw 

6 sugar resulting from hurricanes during calendar year 

7 2005, excessive rains, floods, wind, and other related con8 ditions. 

9 (f) HAWAII.—The Secretary shall use $6,000,000 of 

10 funds of the Commodity Credit Corporation to assist sug11 arcane growers in Hawaii by making a payment in that 

12 amount to an agricultural transportation cooperative in 

13 Hawaii, the members of which are eligible to receive mar14 keting assistance loans and loan deficiency payments made 

15 available under subtitle B of title I of the Farm Security 

16 and Rural Investment Act of 2002 (7 U.S.C. 7931 et 

17 seq.). 

18 (g) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec19 retary shall ensure, to the maximum extent practicable, 

20 that no producer on a farm receives duplicative payments 

21 under this section and any other Federal program for the 

22 same loss. 

23 SEC. 105. SPECIALTY CROPS AND NURSERY CROPS. 

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

25 the Commodity Credit Corporation to provide assistance 


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1 to producers of specialty crops and nursery crops in hurri2 cane-affected counties. 

3 (b) ADMINISTRATION.— 

4 (1) IN GENERAL.—Assistance required by sub5 section (a) shall be carried out by the Secretary 

6 under the same terms and conditions as the special 

7 disaster relief programs carried out for producers 

8 that suffered from crop damage and tree losses, and 

9 carried out related cleanup, in certain areas of Flor10 ida due to Hurricanes Charley, Frances, and Jeanne 

11 during August and September 2004, as described in 

12 the notice of program implementation relating to 

13 Florida citrus, fruit, vegetable, and nursery crop dis14 aster programs (69 Fed. Reg. 63134 (October 29, 

15 2004)). 

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

17 destruction of the business records of many pro18 ducers, the Secretary shall use the best available in19 formation in determining eligibility, determining 

20 losses, and calculating payment amounts under this 

21 section. 

22 (c) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec23 retary shall ensure, to the maximum extent practicable, 

24 that no producer on a farm receives duplicative payments 


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1 under this section and any other Federal program for the 

2 same loss. 

3 SEC. 106. DAIRY ASSISTANCE. 

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

5 the Commodity Credit Corporation to make payments to 

6 dairy producers for dairy production losses and dairy 

7 spoilage losses in hurricane-affected counties. 

8 SEC. 107. COTTONSEED. 

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

10 provide disaster assistance under subsection (c) under the 

11 same terms and conditions as assistance provided under 

12 section 206 of the Agricultural Assistance Act of 2003 

13 (Public Law 108–7; 117 Stat. 543), except that assistance 

14 shall be— 

15 (1) distributed to producers and first handlers 

16 of cottonseed; and 

17 (2) based on cottonseed production during the 

18 most recent year for which a disaster payment spe19 cifically for cottonseed was not authorized. 

20 (b) COTTONSEED ASSISTANCE.—The Secretary shall 

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

22 Corporation to provide assistance to producers and first23 handlers of the 2005 crop of cottonseed in hurricane-af24 fected counties. 


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1 SEC. 108. REDUCTION IN PAYMENTS. 

2 The amount of any payment for which a producer is 

3 eligible under this subtitle shall be reduced by any amount 

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

5 loss under— 

6 (1) the Department of Defense, Emergency 

7 Supplemental Appropriations to Address Hurricanes 

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

9 2006 (Public Law 109–148; 119 Stat. 2680); or 

10 (2) an agricultural disaster assistance provision 

11 contained in the announcement of the Secretary on 

12 January 26, 2006. 

13 TITLE II—SUPPLEMENTAL NU14 TRITION AND AGRICULTURAL 

15 ECONOMIC DISASTER ASSIST16 ANCE 

17 SEC. 201. REPLENISHMENT OF SECTION 32. 

18 (a) DEFINITION OF SPECIALTY CROP.—In this sec19 tion: 

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

21 means any agricultural crop. 

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

23 does not include— 

24 (A) wheat; 

25 (B) feed grains; 

26 (C) oilseeds; 


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1 (D) cotton; 

2 (E) rice; or 

3 (F) peanuts. 

4 (b) BASE STATE GRANTS.— 

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

6 $25,500,000 of funds of the Commodity Credit Cor7 poration to make grants to the several States, the 

8 District of Columbia, and the Commonwealth of 

9 Puerto Rico to be used to support activities that 

10 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 $74,500,000 of funds of the Commodity 

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

21 States in an amount equal to the product obtained by mul22 tiplying— 

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

24 specialty crop, livestock, and dairy production of the 


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1 United States for the 2004 crop year, as determined 

2 by the Secretary; by 

3 (2) $74,500,000. 

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

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

6 a State shall agree to give priority to the support of spe7 cialty crops and livestock in the use of the grant funds. 

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

9 a grant awarded under this section— 

10 (1) to supplement State food bank programs or 

11 other nutrition assistance programs; 

12 (2) to promote the purchase, sale, or consump13 tion of agricultural products; 

14 (3) to provide economic assistance to agricul15 tural producers, giving a priority to the support of 

16 specialty crops and livestock; or 

17 (4) for other purposes as determined by the 

18 Secretary. 

19 SEC. 202. 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 direct payment 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) 30 percent of the direct payment rate in ef2 fect for the program crop of the farmer; 

3 (2) 85 percent of the program crop base of the 

4 farmer; and 

5 (3) the program payment yield for each pro6 gram crop of the farmer. 

7 SEC. 203. REDUCTION IN PAYMENTS. 

8 The amount of any payment for which a producer is 

9 eligible under this subtitle shall be reduced by any amount 

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

11 loss under— 

12 (1) the Department of Defense, Emergency 

13 Supplemental Appropriations to Address Hurricanes 

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

15 2006 (Public Law 109–148; 119 Stat. 2680); or 

16 (2) an agricultural disaster assistance provision 

17 contained in the announcement of the Secretary on 

18 January 26, 2006. 

19 TITLE III—FORESTRY 

20 SEC. 301. TREE ASSISTANCE PROGRAM. 

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

22 ‘‘tree’’ includes a tree (including a Christmas tree, orna23 mental tree, nursery tree, and potted tree), bush (includ24 ing a shrub), and vine. 


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

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

3 of the funds of the Commodity Credit Corporation to pro4 vide assistance under the tree assistance program estab5 lished under sections 10201 through 10203 of the Farm 

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

7 8201 et seq.) to— 

8 (1) producers who suffered tree losses in hurri9 cane-affected counties; and 

10 (2) fruit and tree nut producers in hurricane11 affected counties for site preparation, replacement, 

12 rehabilitation, and pruning. 

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

14 shall also be made available to cover costs associated with 

15 tree pruning, tree rehabilitation, and other appropriate 

16 tree-related activities as determined by the Secretary. 

17 (d) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec18 retary shall ensure, to the maximum extent practicable, 

19 that no producer on a farm receives duplicative payments 

20 under this section and any other Federal program for the 

21 same loss. 

22 TITLE IV—CONSERVATION 

23 SEC. 401. NATURAL RESOURCES CONSERVATION SERVICE. 

24 (a) AUTHORITY TO CLEAR DEBRIS AND ANIMAL

25 CARCASSES.—Notwithstanding any other provision of law, 


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1 the Secretary, acting through the Natural Resources Con2 servation Service, using funds made available for the 

3 emergency watershed protection program established 

4 under section 403 of the Agricultural Credit Act of 1978 

5 (16 U.S.C. 2203), may provide financial and technical as6 sistance to remove and dispose of debris and animal car7 casses that could adversely affect health and safety on 

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

9 (b) AUTHORITY TO USE CERTAIN PRACTICES.—Not10 withstanding any other provision of law, the Secretary, 

11 acting through the Natural Resources Conservation Serv12 ice, may use direct check-writing practices and electronic 

13 transfers to provide financial and technical assistance 

14 under the emergency watershed protection program estab15 lished under section 403 of the Agricultural Credit Act 

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

17 SEC. 402. EMERGENCY WATERSHED PROTECTION PRO18 GRAM. 

19 The Secretary shall use an additional $108,500,000 

20 of funds of the Commodity Credit Corporation to carry 

21 out emergency measures identified by the Chief of the 

22 Natural Resources Conservation Service as of the date of 

23 enactment of this Act through the emergency watershed 

24 protection program established under section 403 of the 

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


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1 SEC. 403. EMERGENCY CONSERVATION PROGRAM. 

2 The Secretary shall use an additional $17,000,000 of 

3 funds of the Commodity Credit Corporation to carry out 

4 emergency measures identified by the Administrator of the 

5 Farm Service Agency as of the date of enactment of this 

6 Act through the emergency conservation program estab7 lished under title IV of the Agricultural Credit Act of 1978 

8 (16 U.S.C. 2201 et seq.). 

9 TITLE V—FARM SERVICE 

10 AGENCY 

11 SEC. 501. FUNDING FOR ADDITIONAL PERSONNEL. 

12 The Secretary shall use $23,000,000 of funds of the 

13 Commodity Credit Corporation to hire additional County 

14 Farm Service Agency personnel— 

15 (1) to expedite the implementation of, and de16 livery under, the agricultural disaster and economic 

17 assistance programs under this title; and 

18 (2) as the Secretary determines to be necessary 

19 to carry out other agriculture and disaster assist20 ance programs. 

21 TITLE VI—MISCELLANEOUS 

22 SEC. 601. AUTHORITY TO PROVIDE IMMUNIZATIONS. 

23 Notwithstanding any other provision of law, the Sec24 retary of Defense may provide immunizations to employ25 ees of the Department of Agriculture involved in direct 

26 recovery work in a hurricane-affected county. 


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1 SEC. 602. WAIVER OF CERTAIN PROVISIONS. 

2 Notwithstanding any other provision of law, the Sec3 retary may provide assistance in a hurricane-affected 

4 county under the emergency conservation program estab5 lished under title IV of the Agricultural Credit Act of 1978 

6 (16 U.S.C. 2201 et seq.) without regard to subtitle C of 

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

8 3821 et seq.). 

9 SEC. 603. FUNDING. 

10 The Secretary shall use the funds, facilities, and au11 thorities of the Commodity Credit Corporation to carry 

12 out this title, to remain available until expended. 

13 SEC. 604. REGULATIONS. 

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

15 such regulations as are necessary to implement this title. 

16 (b) PROCEDURE.—The promulgation of the regula17 tions and administration of this title shall be made without 

18 regard to— 

19 (1) the notice and comment provisions of sec20 tion 553 of title 5, United States Code; 

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

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

23 13804), relating to notices of proposed rulemaking 

24 and public participation in rulemaking; and 


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

2 (commonly known as the ‘‘Paperwork Reduction 

3 Act’’). 

4 (c) CONGRESSIONAL REVIEW OF AGENCY RULE5 MAKING.—In carrying out this section, the Secretary shall 

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

7 United States Code. 

8 TITLE VII—EMERGENCY 

9 DESIGNATION 

10 SEC. 701. EMERGENCY DESIGNATION. 

11 The amounts provided under this title are designated 

12 as an emergency requirement pursuant to section 402 of 

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

14 TITLE VIII—DROUGHT 

15 EMERGENCY ASSISTANCE 

16 SEC. 801. CORPS OF ENGINEERS. 

17 In addition to any other funds made available by this 

18 Act, there is appropriated for ‘‘Department of Defense19 Civil, Department of the Army, Corps of Engineer-Civil, 

20 Flood Control and Coastal Emergencies’’, as authorized 

21 by section 5 of the Act of August 18, 1941 (33 U.S.C. 

22 701n), $5,000,000, to remain available until expended, to 

23 be used by the Secretary of the Army, acting through the 

24 Chief of Engineers, for emergency drought assistance. 


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1 SEC. 802. BUREAU OF RECLAMATION. 

2 In addition to any other funds made available by this 

3 Act, there is appropriated for ‘‘Department of the Interior, 

4 Bureau of Reclamation, Water and Related Resources’’, 

5 $7,500,000, to remain available until expended, for 

6 drought emergency assistance. 

7 SEC. 803. EMERGENCY DESIGNATION. 

8 The amounts provided under this title are designated 

9 as an emergency requirement pursuant to section 402 of 

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

Æ 


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