II 

109TH CONGRESS 

2D SESSION S. 3753 

To provide emergency assistance to agricultural producers that have incurred 

losses during calendar year 2006 due to fires. 

IN THE SENATE OF THE UNITED STATES 

JULY 27 (legislative day, JULY 26), 2006 

Mr. BAUCUS introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To provide emergency assistance to agricultural producers 

that have incurred losses during calendar year 2006 due 

to fires. 

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. 

4 This Act may be cited as the ‘‘Agriculture Fire As5 sistance Act of 2006’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ELIGIBLE PRODUCER.—The term ‘‘eligible 

9 producer’’ means a producer on a farm or ranch 


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1 that has incurred losses during calendar year 2006 

2 due to fire. 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Agriculture. 

5 SEC. 3. LIVESTOCK ASSISTANCE. 

6 (a) LIVESTOCK INDEMNITY PAYMENTS.— 

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

8 sums as are necessary of funds of the Commodity 

9 Credit Corporation to make livestock indemnity pay10 ments to eligible producers. 

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

12 indemnity payments made to eligible producers 

13 under paragraph (1) shall be equal to— 

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

15 that weighs 500 pounds or more on the date of 

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

17 and 

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

19 weighs less than 500 pounds on the date of 

20 death of the cow, steer, or bull, $250 per head; 

21 and 

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

23 a rate determined by the Secretary based on 

24 documentation provided by the eligible proVerDate Aug 31 2005 21:53 Jul 29, 2006 Jkt 049196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3753.IS S3753

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1 ducers, including a death certificate or other 

2 certification provided by a licensed veterinarian. 

3 (b) FEED ASSISTANCE.—The Secretary shall use 

4 such sums as are necessary of funds of the Commodity 

5 Credit Corporation to make payments to eligible producers 

6 for the purchase of livestock feed. 

7 (c) REQUIREMENT.—The Secretary shall provide as8 sistance to eligible producers under this section not later 

9 than 90 days after the date of enactment of this Act. 

10 SEC. 4. CONSERVATION PROGRAMS. 

11 (a) EMERGENCY CONSERVATION PROGRAM.—The 

12 Secretary shall use an additional $50,000,000 of the funds 

13 of the Commodity Credit Corporation to provide assist14 ance under the emergency conservation program estab15 lished under title IV of the Agricultural Credit Act of 1978 

16 (16 U.S.C. 2201 et seq.) in accordance with subsection 

17 (d). 

18 (b) EMERGENCY WATERSHED PROTECTION PRO19 GRAM.—The Secretary shall use an additional 

20 $150,000,000 of the funds of the Commodity Credit Cor21 poration to provide assistance under the emergency water22 shed protection program established under section 403 of 

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

24 accordance with subsection (d). 


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1 (c) ENVIRONMENTAL QUALITY INCENTIVES PRO2 GRAM.—The Secretary shall use an additional 

3 $100,000,000 of the funds of the Commodity Credit Cor4 poration to provide assistance to eligible producers under 

5 the environmental quality incentives program established 

6 under chapter 4 of subtitle D of title XII of the Food Se7 curity Act of 1985 (16 U.S.C. 3839aa et seq.) in accord8 ance with subsection (d). 

9 (d) REQUIREMENTS.— 

10 (1) PRIORITY.—In providing assistance under 

11 subsections (a) and (b), the Secretary shall give pri12 ority to eligible producers. 

13 (2) TIMING.—The Secretary shall provide as14 sistance under this section not later than 90 days 

15 after the date of enactment of this Act. 

16 SEC. 5. REGULATIONS. 

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

18 such regulations as are necessary to implement this Act 

19 and the amendments made by this Act. 

20 (b) PROCEDURE.—The promulgation of the regula21 tions and administration of this Act and the amendments 

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

23 (1) the notice and comment provisions of sec24 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 SEC. 6. EMERGENCY DESIGNATION. 

13 The amounts made available under this Act are des14 ignated as an emergency requirement pursuant to section 

15 402 of S. Con. Res. 83 (109th Congress), the concurrent 

16 resolution on the budget for fiscal year 2007, as made ap17 plicable in the Senate by section 7035 of Public Law 109– 

18 234. 

Æ 


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