I 

109TH CONGRESS 

2D SESSION H. R. 5363 

To provide assistance to agricultural producers for crop and livestock losses 

resulting from recent, catastrophic natural disasters, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2006 

Mr. LUCAS introduced the following bill; which was referred to the Committee 

on Agriculture, and in addition to the Committee on the Budget, 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 assistance to agricultural producers for crop and 

livestock losses resulting from recent, catastrophic natural disasters, 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 ‘‘Natural Disaster Relief Act’’. 

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

7 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. 

Sec. 103. Sugarcane and sugar beet disaster assistance. 

Sec. 104. Specialty crops and nursery crops. 

Sec. 105. Tree assistance program. 

Sec. 106. Dairy assistance. 

Sec. 107. Cottonseed.

Sec. 108. Reduction in payments. 

TITLE II—CONSERVATION 

Sec. 201. Natural Resources Conservation Service. 

Sec. 202. Emergency watershed protection program. 

Sec. 203. Emergency conservation program. 

Sec. 204. Additional funds for delivery of conservation-related technical assistance. 

TITLE III—FARM SERVICE AGENCY 

Sec. 301. Funding for additional personnel. 

TITLE IV—MISCELLANEOUS 

Sec. 401. Regulations.

Sec. 402. 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) 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). 


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

2 ‘‘hurricane-affected county’’ means— 

3 (A) a county included in the geographic 

4 area covered by a natural disaster declaration 

5 related to Hurricane Katrina, Hurricane Rita, 

6 Hurricane Wilma, or a related condition; and 

7 (B) each county contiguous to a county de8 scribed in subparagraph (A). 

9 (4) INSURABLE COMMODITY.—The term ‘‘insur10 able commodity’’ means an agricultural commodity 

11 (excluding livestock) for which the producers on a 

12 farm are eligible to obtain a policy or plan of insur13 ance under the Federal Crop Insurance Act (7 

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

15 (5) NATURAL DISASTER DECLARATION.—The 

16 term ‘‘natural disaster declaration’’ means— 

17 (A) a natural disaster declared by the Sec18 retary— 

19 (i) during calendar year 2005 under 

20 section 321(a) of the Consolidated Farm 

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

22 1961(a)); or 

23 (ii) during calendar year 2006 under 

24 that section, but only if the declaration 

25 was made before the date of the enactment 


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1 of this Act or a request for such a declara2 tion was pending as of that date and the 

3 declaration is subsequently made; or 

4 (B) a major disaster or emergency des5 ignated by the President— 

6 (i) during calendar year 2005 under 

7 the Robert T. Stafford Disaster Relief and 

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

9 5121 et seq.); or 

10 (ii) during calendar year 2006 under 

11 that Act, but only if the designation was 

12 made before the date of the enactment of 

13 this Act or a request for such a designa14 tion was pending as of that date and the 

15 designation is subsequently made. 

16 (6) NONINSURABLE COMMODITY.—The term 

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

18 the producers on a farm are eligible to obtain assist19 ance under section 196 of the Federal Agriculture 

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

21 7333). 

22 (7) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Agriculture. 


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1 TITLE I—AGRICULTURAL 

2 PRODUCTION LOSSES 

3 SEC. 101. CROP DISASTER ASSISTANCE. 

4 (a) ASSISTANCE AVAILABLE.—The Secretary shall 

5 use such sums as are necessary of funds of the Commodity 

6 Credit Corporation to make emergency financial assist7 ance available to producers on a farm, other than pro8 ducers of sugar cane or sugar beets, that incurred quali9 fying quantity or quality losses for— 

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

11 any related condition (including losses due to crop 

12 diseases, insects, and delayed harvest), as deter13 mined by the Secretary; and 

14 (2) the 2006 crop due to damaging weather or 

15 any related condition (including losses due to crop 

16 diseases, insects, and delayed harvest), as deter17 mined by the Secretary, with respect to which a nat18 ural disaster declaration is made. 

19 (b) ELECTION OF CROP YEAR.—If a producer in20 curred qualifying crop losses in both the 2005 and 2006 

21 crop years, the producer shall elect to receive assistance 

22 under this section for losses incurred in either the 2005 

23 crop year or the 2006 crop year, but not both crop years. 

24 (c) ADMINISTRATION.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the Secretary shall make assistance avail3 able under this section in the same manner as pro4 vided under section 815 of the Agriculture, Rural 

5 Development, Food and Drug Administration and 

6 Related Agencies Appropriations Act, 2001 (Public 

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

8 using the same loss thresholds for quantity and eco9 nomic losses as were used in administering that sec10 tion, except that the payment rate shall be 50 per11 cent of the established price, instead of 65 percent. 

12 (2) LOSS THRESHOLDS FOR QUALITY

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

14 for a crop under subsection (a), the loss thresholds 

15 for quality loss for the crop shall be determined 

16 under subsection (d). 

17 (d) QUALITY LOSSES.— 

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

19 the amount of a payment made to producers on a 

20 farm for a quality loss for a crop under subsection 

21 (a) shall be equal to the amount obtained by multi22 plying— 

23 (A) 65 percent of the payment quantity de24 termined under paragraph (2); by 


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1 (B) 50 percent of the payment rate deter2 mined under paragraph (3). 

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

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

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

6 equal the lesser of— 

7 (A) the actual production of the crop af8 fected by a quality loss of the commodity on the 

9 farm; or 

10 (B) the quantity of expected production of 

11 the crop affected by a quality loss of the com12 modity on the farm, using the formula used by 

13 the Secretary to determine quantity losses for 

14 the crop of the commodity under subsection (a). 

15 (3) PAYMENT RATE.—For the purpose of para16 graph (1)(B) and in accordance with paragraphs (5) 

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

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

19 difference between— 

20 (A) the per unit market value that the 

21 units of the crop affected by the quality loss 

22 would have had if the crop had not suffered a 

23 quality loss; and 

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

25 of the crop affected by the quality loss. 


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

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

3 a crop under subsection (a), the amount obtained by 

4 multiplying the per unit loss determined under para5 graph (1) by the number of units affected by the 

6 quality loss shall be at least 25 percent of the value 

7 that all affected production of the crop would have 

8 had if the crop had not suffered a quality loss. 

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

10 any production of a commodity that is sold pursuant 

11 to 1 or more marketing contracts (regardless of 

12 whether the contract is entered into by the pro13 ducers on the farm before or after harvest) and for 

14 which appropriate documentation exists, the quan15 tity designated in the contracts shall be eligible for 

16 quality loss assistance based on the 1 or more prices 

17 specified in the contracts. 

18 (6) OTHER PRODUCTION.—For any additional 

19 production of a commodity for which a marketing 

20 contract does not exist or for which production con21 tinues to be owned by the producer, quality losses 

22 shall be based on the average local market discounts 

23 for reduced quality, as determined by the appro24 priate State committee of the Farm Service Agency. 


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1 (7) QUALITY ADJUSTMENTS AND DISCOUNTS.— 

2 The appropriate State committee of the Farm Serv3 ice Agency shall identify the appropriate quality ad4 justment and discount factors to be considered in 

5 carrying out this subsection, including— 

6 (A) the average local discounts actually ap7 plied to a crop; and 

8 (B) the discount schedules applied to loans 

9 made by the Farm Service Agency or crop in10 surance coverage under the Federal Crop Insur11 ance Act (7 U.S.C. 1501 et seq.). 

12 (8) ELIGIBLE PRODUCTION.—The Secretary 

13 shall carry out this subsection in a fair and equitable 

14 manner for all eligible production, including the pro15 duction of fruits and vegetables, other specialty 

16 crops, and field crops. 

17 (e) PAYMENT LIMITATIONS.— 

18 (1) LIMIT ON AMOUNT OF ASSISTANCE.—As19 sistance provided under this section to a producer 

20 for losses to a crop, together with the amounts speci21 fied in paragraph (2) applicable to the same crop, 

22 may not exceed 95 percent of what the value of the 

23 crop would have been in the absence of the losses, 

24 as estimated by the Secretary. 


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1 (2) OTHER PAYMENTS.—In applying the limita2 tion in paragraph (1), the Secretary shall include the 

3 following: 

4 (A) Any crop insurance payment made 

5 under the Federal Crop Insurance Act (7 

6 U.S.C. 1501 et seq.) or payment under section 

7 196 of the Federal Agricultural Improvement 

8 and Reform Act of 1996 (7 U.S.C. 7333) that 

9 the producer receives for losses to the same 

10 crop. 

11 (B) The value of the crop that was not lost 

12 (if any), as estimated by the Secretary 

13 (f) ELIGIBILITY FOR ASSISTANCE.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the producers on a farm shall not be eli16 gible for assistance under this section with respect 

17 to losses to an insurable commodity or noninsurable 

18 commodity if the producers on the farm— 

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

20 did not obtain a policy or plan of insurance for 

21 the insurable commodity under the Federal 

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

23 the crop incurring the losses; 

24 (B) in the case of a noninsurable com25 modity, did not file the required paperwork, and 


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1 pay the administrative fee by the applicable 

2 State filing deadline, for the noninsurable com3 modity under section 196 of the Federal Agri4 culture Improvement and Reform Act of 1996 

5 (7 U.S.C. 7333) for the crop incurring the 

6 losses; 

7 (C) had average adjusted gross income (as 

8 defined by section 1001D(a) of the Food Secu9 rity Act of 1985 (7 U.S.C. 1308–3a(a)), of 

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

11 (D) were not in compliance with highly 

12 erodible land conservation and wetland con13 servation provisions. 

14 (2) CONTRACT WAIVER.—The Secretary may 

15 waive paragraph (1) with respect to the producers 

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

17 the Secretary under which the producers agree— 

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

19 to obtain a policy or plan of insurance under 

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

21 et seq.) providing additional coverage for the in22 surable commodity for each of the next 2 crops, 

23 at a coverage level that provides— 


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1 (i) not less than 65 percent of the ac2 tual production history for the crop pro3 duced on the farm; and 

4 (ii) 100 percent of the expected mar5 ket price or a comparable coverage (as de6 termined by the Federal Crop Insurance 

7 Corporation); and 

8 (B) in the case of a noninsurable com9 modity, to file the required paperwork and pay 

10 the administrative fee by the applicable State 

11 filing deadline, for the noninsurable commodity 

12 for each of the next 2 crops under section 196 

13 of the Federal Agriculture Improvement and 

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

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

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

17 a producer, the producer shall reimburse the Sec18 retary for the full amount of the assistance provided 

19 to the producer under this section. 

20 (g) TIMING.— 

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

22 the Secretary shall make payments to producers on 

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

24 60 days after the date the producers on the farm 


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1 submit to the Secretary a completed application for 

2 the payments. 

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

4 payments to the producers on a farm by the date de5 scribed in paragraph (1), the Secretary shall pay to 

6 the producers on a farm interest on the payments at 

7 a rate equal to the current (as of the sign-up dead8 line established by the Secretary) market yield on 

9 outstanding, marketable obligations of the United 

10 States with maturities of 30 years. 

11 SEC. 102. LIVESTOCK ASSISTANCE. 

12 (a) LIVESTOCK COMPENSATION PROGRAM.— 

13 (1) USE OF COMMODITY CREDIT CORPORATION

14 FUNDS.—Effective beginning on the date of enact15 ment of this Act, the Secretary shall use funds of 

16 the Commodity Credit Corporation to carry out the 

17 2002 Livestock Compensation Program announced 

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

19 63070), to provide compensation for livestock losses 

20 during calendar years 2005 and 2006 for losses that 

21 occurred prior to the date of enactment of this Act 

22 (including wildfire disaster losses in the State of 

23 Texas and other States) due to a disaster, as deter24 mined by the Secretary, except that the payment 

25 rate shall be 75 percent of the payment rate estabVerDate Aug 31 2005 05:30 May 14, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5363.IH H5363

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1 lished for the 2002 Livestock Compensation Pro2 gram. 

3 (2) ELIGIBLE APPLICANTS.—In carrying out 

4 the program described in paragraph (1), the Sec5 retary shall provide assistance to any applicant 

6 that— 

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

8 is located in a disaster county, including any 

9 applicant conducting a livestock operation with 

10 eligible livestock (within the meaning of the 

11 livestock assistance program under section 

12 101(b) of division B of Public Law 108–324 

13 (118 Stat. 1234)); or 

14 (ii) produces an animal described in sec15 tion 10806(a)(1) of the Farm Security and 

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

17 321d(a)(1)); and 

18 (B) meets all other eligibility requirements 

19 established by the Secretary for the program. 

20 (3) ELECTION OF LOSSES.—If a producer in21 curred livestock losses in both calendar years 2005 

22 and 2006, the producer shall elect to receive pay23 ments under this subsection for losses incurred in ei24 ther calendar year 2005 or calendar year 2006, but 

25 not both calendar years. 


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1 (4) MITIGATION.—In determining the eligibility 

2 for or amount of payments for which a producer is 

3 eligible under the livestock compensation program, 

4 the Secretary shall not penalize a producer that 

5 takes actions (recognizing disaster conditions) that 

6 reduce the average number of livestock the producer 

7 owned for grazing during the production year for 

8 which assistance is being provided. 

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

10 to the maximum extent practicable, that no producer 

11 on a farm receives duplicative payments under this 

12 subsection and another Federal program with re13 spect to any loss. 

14 (b) LIVESTOCK INDEMNITY PAYMENTS.— 

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

16 sums as are necessary of funds of the Commodity 

17 Credit Corporation to make livestock indemnity pay18 ments to producers on farms that have incurred live19 stock losses during calendar years 2005 and 2006 

20 for losses that occurred prior to the date of enact21 ment of this Act (including wildfire disaster losses in 

22 the State of Texas and other States) due to a dis23 aster, as determined by the Secretary, including 

24 losses due to hurricanes, floods, anthrax, and 

25 wildfires. 


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1 (2) ELECTION OF LOSSES.—If a producer in2 curred livestock losses in both calendar years 2005 

3 and 2006, the producer shall elect to receive pay4 ments under this subsection for losses incurred in ei5 ther calendar year 2005 or calendar year 2006, but 

6 not both calendar years. 

7 (3) PAYMENT RATES.—Indemnity payments to 

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

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

10 market value of the applicable livestock on the day 

11 before the date of death of the livestock, as deter12 mined by the Secretary. 

13 (c) LIVESTOCK INDEMNITY PROGRAM FOR CON14 TRACT GROWERS.— 

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

16 the Secretary shall use funds of the Commodity 

17 Credit Corporation to establish a program to assist 

18 poultry producers in hurricane-affected counties that 

19 suffered income losses. 

20 (2) TERMS AND CONDITIONS.—The program 

21 established under paragraph (1) shall contain simi22 lar terms and conditions as the terms and conditions 

23 used for the livestock indemnity program for con24 tract growers described in subpart E of chapter XIV 


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

2 on January 1, 2002). 

3 (d) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec4 retary shall ensure, to the maximum extent practicable, 

5 that no producer on a farm receives duplicative payments 

6 under this section and any other Federal program for the 

7 same loss. 

8 SEC. 103. SUGARCANE AND SUGAR BEET DISASTER ASSIST9 ANCE. 

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

11 use $120,000,000 of funds of the Commodity Credit Cor12 poration to make payments to processors in Florida that 

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

14 Federal Agriculture Improvement and Reform Act of 1996 

15 (7 U.S.C. 7272(a)) to compensate first processors and 

16 producers for crop and other losses in hurricane-affected 

17 counties that are related to hurricanes, tropical storms, 

18 excessive rains, floods, and wind in Florida during cal19 endar year 2005, by an agreement on the same terms and 

20 conditions, to the maximum extent practicable, as the pay21 ments made under section 102 of the Emergency Supple22 mental Appropriations for Hurricane Disasters Assistance 

23 Act of 2005 (Public Law 108–324; 118 Stat. 1235), in24 cluding that the 2005 base production of each harvesting 

25 unit shall be determined using the same base year crop 


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1 production history that was used pursuant to the agree2 ment under that section. 

3 (b) LOUISIANA.— 

4 (1) COMPENSATION FOR LOSSES.—The Sec5 retary shall use the funds, facilities, and authorities 

6 of the Commodity Credit Corporation to make 

7 $120,000,000 in payments to first processors of sug8 arcane that operate in a disaster county in Lou9 isiana, or obtain sugarcane from a disaster county in 

10 Louisiana, and that are eligible to obtain a loan 

11 under section 156(a) of the Federal Agriculture Im12 provement and Reform Act of 1996 (7 U.S.C. 

13 7272(a)), to compensate the producers and first 

14 processors for crop and other losses due to Hurri15 cane Katrina, Hurricane Rita, or related conditions. 

16 (2) ADMINISTRATION.—Assistance under this 

17 subsection shall be— 

18 (A) shared by an affected first processor 

19 with affected producers that provide commod20 ities to the processor in a manner that reflects 

21 contracts entered into between the processor 

22 and the producers, except with respect to a por23 tion of the amount of total assistance described 

24 under paragraph (1) necessary to compensate 

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1 enced by the producers, including losses due to 

2 saltwater intrusion, flooding, wind damage, or 

3 increased planting, replanting, or harvesting 

4 costs, which shall be transferred by the first 

5 processor to the affected producers without re6 gard to contractual share arrangements; and 

7 (B) made available under such terms and 

8 conditions as the Secretary determines are nec9 essary to carry out this subsection. 

10 (3) LOSS DETERMINATION.—In carrying out 

11 this subsection, the Secretary shall use the same 

12 base year to determine crop loss that was elected by 

13 a producer to determine crop loss in carrying out the 

14 hurricane assistance program under section 207 of 

15 the Agricultural Assistance Act of 2003 (Public Law 

16 108–7; 117 Stat. 543). 

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

18 of funds of the Commodity Credit Corporation to provide 

19 assistance to sugar beet producers that suffered produc20 tion losses (including quality losses) for the 2005 crop 

21 year. 

22 (d) REQUIREMENT.—The Secretary shall make pay23 ments under subsection (c) in the same manner as pay24 ments were made under section 208 of the Agricultural 

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


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

2 used in carrying out that section. 

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

4 funds of the Commodity Credit Corporation to assist sug5 arcane growers in Texas by making a payment in that 

6 amount to the Rio Grande Valley Sugar Growers, a farm7 er-owned cooperative sugarcane processor in that State, 

8 for additional demurrage costs at the Port of Baton Rouge 

9 and additional storage and transportation costs of raw 

10 sugar resulting from hurricanes during calendar year 

11 2005, excessive rains, floods, wind, and other related con12 ditions. 

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

14 funds of the Commodity Credit Corporation to assist sug15 arcane growers in Hawaii by making a payment in that 

16 amount to an agricultural transportation cooperative in 

17 Hawaii, the members of which are eligible to obtain a loan 

18 under section 156(a) of the Federal Agriculture Improve19 ment and Reform Act of 1996 (7 U.S.C. 7272(a)). 

20 (g) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec21 retary shall ensure, to the maximum extent practicable, 

22 that no producer on a farm receives duplicative payments 

23 under this section and any other Federal program for the 

24 same loss. 


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1 SEC. 104. SPECIALTY CROPS AND NURSERY CROPS. 

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

3 the Commodity Credit Corporation to provide assistance 

4 to producers of specialty crops and nursery crops in hurri5 cane-affected counties. 

6 (b) ADMINISTRATION.— 

7 (1) IN GENERAL.—Assistance required by sub8 section (a) shall be carried out by the Secretary 

9 under the same terms and conditions as the special 

10 disaster relief programs carried out for producers 

11 that suffered from crop damage and tree losses, and 

12 carried out related cleanup, in certain areas of Flor13 ida due to Hurricanes Charley, Frances, and Jeanne 

14 during August and September 2004, as described in 

15 the notice of program implementation relating to 

16 Florida citrus, fruit, vegetable, and nursery crop dis17 aster programs (69 Fed. Reg. 63134 (October 29, 

18 2004)). 

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

20 destruction of the business records of many pro21 ducers, the Secretary shall use the best available in22 formation in determining eligibility, determining 

23 losses, and calculating payment amounts under this 

24 section. 

25 (c) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec26 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. 105. TREE ASSISTANCE PROGRAM. 

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

6 ‘‘tree’’ includes a tree (including a Christmas tree, orna7 mental tree, nursery tree, and potted tree), bush (includ8 ing a shrub), and vine. 

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

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

11 of the funds of the Commodity Credit Corporation to pro12 vide assistance under the tree assistance program estab13 lished under sections 10201 through 10203 of the Farm 

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

15 8201 et seq.) to— 

16 (1) producers who suffered tree losses in hurri17 cane-affected counties; and 

18 (2) fruit and tree nut producers in hurricane19 affected counties for site preparation, replacement, 

20 rehabilitation, and pruning. 

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

22 shall also be made available to cover costs associated with 

23 tree pruning, tree rehabilitation, and other appropriate 

24 tree-related activities as determined by the Secretary. 


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1 (d) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec2 retary shall ensure, to the maximum extent practicable, 

3 that no producer on a farm receives duplicative payments 

4 under this section and any other Federal program for the 

5 same loss. 

6 SEC. 106. DAIRY ASSISTANCE. 

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

8 the Commodity Credit Corporation to make payments to 

9 dairy producers for dairy production losses and dairy 

10 spoilage losses in hurricane-affected counties. 

11 SEC. 107. COTTONSEED. 

12 (a) COTTONSEED ASSISTANCE.—The Secretary shall 

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

14 Corporation to provide assistance to producers and first15 handlers of the 2005 crop of cottonseed in hurricane-af16 fected counties. 

17 (b) TERMS AND CONDITIONS.—Assistance under sub18 section (a) shall be provided under the same terms and 

19 conditions as assistance provided under section 206 of the 

20 Agricultural Assistance Act of 2003 (Public Law 108–7; 

21 117 Stat. 543), except that assistance shall be— 

22 (1) distributed to producers and first handlers 

23 of cottonseed; and 


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1 (2) based on cottonseed production during the 

2 most recent year for which a disaster payment spe3 cifically for cottonseed was not authorized. 

4 SEC. 108. REDUCTION IN PAYMENTS. 

5 The amount of any payment for which a producer is 

6 eligible under this title shall be reduced by any amount 

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

8 loss under— 

9 (1) the Department of Defense, Emergency 

10 Supplemental Appropriations to Address Hurricanes 

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

12 2006 (Public Law 109–148; 119 Stat. 2680); or 

13 (2) an agricultural disaster assistance provision 

14 contained in the announcement of the Secretary on 

15 January 26, 2006. 

16 TITLE II—CONSERVATION 

17 SEC. 201. NATURAL RESOURCES CONSERVATION SERVICE. 

18 (a) ASSISTANCE TO CLEAR DEBRIS AND ANIMAL

19 CARCASSES.— 

20 (1) AUTHORITY TO PROVIDE ASSISTANCE.— 

21 Notwithstanding any other provision of law, the Sec22 retary may provide financial and technical assistance 

23 to remove and dispose of debris and livestock car24 casses that could adversely affect health and safety 


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1 on non-Federal land in a hurricane-affected county 

2 or a disaster county. 

3 (2) PROVISION OF ASSISTANCE; FUNDING

4 SOURCE.—The Secretary shall carry out this sub5 section acting through the Natural Resources Con6 servation Service and using funds made available for 

7 the emergency watershed protection program estab8 lished under section 403 of the Agricultural Credit 

9 Act of 1978 (16 U.S.C. 2203). 

10 (3) ELECTION OF LOSSES.—If an applicant for 

11 assistance under this subsection incurred debris and 

12 livestock damage in both calendar years 2005 and 

13 2006, the applicant shall elect to receive assistance 

14 under this subsection for damages incurred in either 

15 calendar year 2005 or calendar year 2006, but not 

16 both calendar years. 

17 (b) AUTHORITY TO MITIGATE EFFECTS OF SALT18 WATER.—Notwithstanding any other provision of law, the 

19 Secretary, acting through the Natural Resources Con20 servation Service and using funds made available for the 

21 emergency conservation program established under title 

22 IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 

23 et seq.), may provide financial and technical assistance to 

24 mitigate the effects of saltwater intrusion. 


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1 (c) AUTHORITY TO USE CERTAIN PRACTICES.—Not2 withstanding any other provision of law, the Secretary, 

3 acting through the Natural Resources Conservation Serv4 ice, may use direct check-writing practices and electronic 

5 transfers to provide financial and technical assistance 

6 under the emergency watershed protection program estab7 lished under section 403 of the Agricultural Credit Act 

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

9 SEC. 202. EMERGENCY WATERSHED PROTECTION PRO10 GRAM. 

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

12 of funds of the Commodity Credit Corporation to carry 

13 out emergency measures identified by the Chief of the 

14 Natural Resources Conservation Service as of the date of 

15 enactment of this Act through the emergency watershed 

16 protection program established under section 403 of the 

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

18 SEC. 203. EMERGENCY CONSERVATION PROGRAM. 

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

20 funds of the Commodity Credit Corporation to carry out 

21 emergency measures identified by the Administrator of the 

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

23 Act through the emergency conservation program estab24 lished under title IV of the Agricultural Credit Act of 1978 

25 (16 U.S.C. 2201 et seq.). Notwithstanding any other proVerDate Aug 31 2005 05:30 May 14, 2006 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5363.IH H5363

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1 vision of law, the Secretary may provide assistance in a 

2 hurricane-affected county under the emergency conserva3 tion program without regard to subtitle C of title XII of 

4 the Food Security Act of 1985 (16 U.S.C. 3821 et seq.). 

5 SEC. 204. ADDITIONAL FUNDS FOR DELIVERY OF CON6 SERVATION-RELATED TECHNICAL ASSIST7 ANCE. 

8 (a) TECHNICAL ASSISTANCE.—The Secretary shall 

9 use such sums as are necessary of the funds of the Com10 modity Credit Corporation to provide an additional 

11 $1,000,000 of technical assistance under section 1242 of 

12 the Food Security Act of 1985 (16 U.S.C. 3842) in each 

13 State that has a disaster county or hurricane-affected 

14 county. 

15 (b) RELATIONSHIP TO OTHER LAW.—The use of 

16 Commodity Credit Corporation funds under subsection (a) 

17 to provide technical assistance shall not be considered an 

18 allotment or fund transfer from the Commodity Credit 

19 Corporation for purposes of the limit on expenditures for 

20 technical assistance imposed by section 11 of the Com21 modity Credit Corporation Charter Act (15 U.S.C. 714i). 


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1 TITLE III—FARM SERVICE 

2 AGENCY 

3 SEC. 301. FUNDING FOR ADDITIONAL PERSONNEL. 

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

5 Commodity Credit Corporation to hire additional County 

6 Farm Service Agency personnel— 

7 (1) to expedite the implementation of, and de8 livery under, the agricultural disaster and economic 

9 assistance programs under this Act; and 

10 (2) as the Secretary determines to be necessary 

11 to carry out other agriculture and disaster assist12 ance programs. 

13 TITLE IV—MISCELLANEOUS 

14 SEC. 401. REGULATIONS. 

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

16 such regulations as are necessary to implement this Act. 

17 (b) PROCEDURE.—The promulgation of the regula18 tions and administration of this Act shall be made without 

19 regard to— 

20 (1) the notice and comment provisions of sec21 tion 553 of title 5, United States Code; 

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

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

24 13804), relating to notices of proposed rulemaking 

25 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 SEC. 402. 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 


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