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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3860 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3860

To provide emergency wildfire and agricultural disaster assistance, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2006

   Mr. Burns introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
To provide emergency wildfire and agricultural disaster assistance, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Emergency Wildfire 
and Farm Relief Act of 2006''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                        TITLE I--WILDFIRE RELIEF

Sec. 101. Emergency conservation program.
Sec. 102. Environmental quality incentives program.
Sec. 103. Livestock assistance grant program.
                TITLE II--AGRICULTURAL PRODUCTION LOSSES

Sec. 201. Crop disaster assistance.
Sec. 202. Livestock assistance.
Sec. 203. Sugar beet disaster assistance.
Sec. 204. Bovine tuberculosis herd indemnification.
Sec. 205. Reduction in payments.
 TITLE III--SUPPLEMENTAL NUTRITION AND AGRICULTURAL ECONOMIC DISASTER 
                               ASSISTANCE

Sec. 301. Replenishment of Section 32.
Sec. 302. Supplemental economic loss payments.
                         TITLE IV--CONSERVATION

Sec. 401. Emergency watershed protection program.
                      TITLE V--FARM SERVICE AGENCY

Sec. 501. Funding for additional personnel.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Funding.
Sec. 602. Regulations.
                    TITLE VII--EMERGENCY DESIGNATION

Sec. 701. Emergency designation.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Additional coverage.--The term ``additional coverage'' 
        has the meaning given the term in section 502(b)(1) of the 
        Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
            (2) Disaster county.--The term ``disaster county'' means--
                    (A) a county included in the geographic area 
                covered by a natural disaster declaration; and
                    (B) each county contiguous to a county described in 
                subparagraph (A).
            (3) Insurable commodity.--The term ``insurable commodity'' 
        means an agricultural commodity (excluding livestock) for which 
        the producers on a farm are eligible to obtain a policy or plan 
        of insurance under the Federal Crop Insurance Act (7 U.S.C. 
        1501 et seq.).
            (4) Livestock.--The term ``livestock'' includes--
                    (A) cattle (including dairy cattle);
                    (B) bison;
                    (C) sheep;
                    (D) swine; and
                    (E) other livestock, as determined by the 
                Secretary.
            (5) Natural disaster declaration.--The term ``natural 
        disaster declaration'' means a natural disaster declared by the 
        Secretary during calendar year 2005 or 2006 under section 
        321(a) of the Consolidated Farm and Rural Development Act (7 
        U.S.C. 1961(a)).
            (6) Noninsurable commodity.--The term ``noninsurable 
        commodity'' means a crop for which the producers on a farm are 
        eligible to obtain assistance under section 196 of the Federal 
        Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

                        TITLE I--WILDFIRE RELIEF

SEC. 101. EMERGENCY CONSERVATION PROGRAM.

    The Secretary shall use an additional $30,000,000 of funds of the 
Commodity Credit Corporation to carry out emergency measures identified 
by the Administrator of the Farm Service Agency as of the date of 
enactment of this Act through the emergency conservation program 
established under title IV of the Agricultural Credit Act of 1978 (16 
U.S.C. 2201 et seq.), of which not less than $2,000,000 shall be used 
to carry out such measures in the State of Montana for the control of 
wildfires.

SEC. 102. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

    The Secretary shall use an additional $200,000,000 of funds of the 
Commodity Credit Corporation to carry out emergency measures identified 
by the Secretary as of the date of enactment of this Act through the 
environmental quality incentives program established under chapter 4 of 
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 
3839aa et seq.), of which not less than $10,000,000 shall be used to 
carry out such measures in the State of Montana for the control of 
wildfires.

SEC. 103. LIVESTOCK ASSISTANCE GRANT PROGRAM.

    The Secretary shall use an additional $100,000,000 of funds of the 
Commodity Credit Corporation to carry out the Livestock Assistance 
Grant Program announced by the Secretary on August 29, 2006, in the 
same manner as the Program announced by the Secretary except that 
counties adversely impacted by wildfires shall be eligible to 
participate in the Program.

                TITLE II--AGRICULTURAL PRODUCTION LOSSES

SEC. 201. CROP DISASTER ASSISTANCE.

    (a) In General.--The Secretary shall use such sums as are necessary 
of funds of the Commodity Credit Corporation to make emergency 
financial assistance authorized under this section available to 
producers on a farm that have incurred qualifying losses described in 
subsection (c).
    (b) Administration.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall make assistance available under this section in 
        the same manner as provided under section 815 of the 
        Agriculture, Rural Development, Food and Drug Administration 
        and Related Agencies Appropriations Act, 2001 (Public Law 106-
        387; 114 Stat. 1549A-55), including using the same loss 
        thresholds for quantity and economic losses as were used in 
        administering that section, except that the payment rate shall 
        be 50 percent of the established price, instead of 65 percent.
            (2) Noninsured producers.--For producers on a farm that 
        were eligible to acquire crop insurance for the applicable 
        production loss and failed to do so or failed to submit an 
        application for the noninsured assistance program for the loss, 
        the Secretary shall make assistance in accordance with 
        paragraph (1), except that the payment rate shall be 35 percent 
        of the established price, instead of 50 percent.
    (c) Qualifying Losses.--Assistance under this section shall be made 
available to producers on farms, other than producers of sugar beets, 
that incurred qualifying quantity or quality losses for the 2005 or 
2006 crop due to damaging weather or any related condition (including 
losses due to crop diseases, insects, and delayed harvest), as 
determined by the Secretary.
    (d) Quality Losses.--
            (1) In general.--In addition to any payment received under 
        subsection (b), the Secretary shall use such sums as are 
        necessary of funds of the Commodity Credit Corporation to make 
        payments to producers on a farm described in subsection (a) 
        that incurred a quality loss for the 2005 or 2006 crop, or 
        both, of a commodity in an amount equal to the product obtained 
        by multiplying--
                    (A) the payment quantity determined under paragraph 
                (2);
                    (B)(i) in the case of an insurable commodity, the 
                coverage level elected by the insured under the policy 
                or plan of insurance under the Federal Crop Insurance 
                Act (7 U.S.C. 1501 et seq.); or
                    (ii) in the case of a noninsurable commodity, the 
                applicable coverage level for the payment quantity 
                determined under paragraph (2); by
                    (C) 50 percent of the payment rate determined under 
                paragraph (3).
            (2) Payment quantity.--For the purpose of paragraph (1)(A), 
        the payment quantity for quality losses for a crop of a 
        commodity on a farm shall equal the lesser of--
                    (A) the actual production of the crop affected by a 
                quality loss of the commodity on the farm; or
                    (B)(i) in the case of an insurable commodity, the 
                actual production history for the commodity by the 
                producers on the farm under the Federal Crop Insurance 
                Act (7 U.S.C. 1501 et seq.); or
                    (ii) in the case of a noninsurable commodity, the 
                established yield for the crop for the producers on the 
                farm under section 196 of the Federal Agriculture 
                Improvement and Reform Act of 1996 (7 U.S.C. 7333).
            (3) Payment rate.--
                    (A) In general.--For the purpose of paragraph 
                (1)(B), the payment rate for quality losses for a crop 
                of a commodity on a farm shall be equal to the 
                difference between (as determined by the applicable 
                State committee of the Farm Service Agency)--
                            (i) the per unit market value that the 
                        units of the crop affected by the quality loss 
                        would have had if the crop had not suffered a 
                        quality loss; and
                            (ii) the per unit market value of the units 
                        of the crop affected by the quality loss.
                    (B) Factors.--In determining the payment rate for 
                quality losses for a crop of a commodity on a farm, the 
                applicable State committee of the Farm Service Agency 
                shall take into account--
                            (i) the average local market quality 
                        discounts that purchasers applied to the 
                        commodity during the first 2 months following 
                        the normal harvest period for the commodity;
                            (ii) the loan rate and repayment rate 
                        established for the commodity under the 
                        marketing loan program established for the 
                        commodity under subtitle B of title I of the 
                        Farm Security and Rural Investment Act of 2002 
                        (7 U.S.C. 7931 et seq.);
                            (iii) the market value of the commodity if 
                        sold into a secondary market; and
                            (iv) other factors determined appropriate 
                        by the committee.
            (4) Eligibility.--
                    (A) In general.--For producers on a farm to be 
                eligible to obtain a payment for a quality loss for a 
                crop under this subsection--
                            (i) the amount obtained by multiplying the 
                        per unit loss determined under paragraph (1) by 
                        the number of units affected by the quality 
                        loss shall be reduced by the amount of any 
                        indemnification received by the producers on 
                        the farm for quality loss adjustment for the 
                        commodity under a policy or plan of insurance 
                        under the Federal Crop Insurance Act (7 U.S.C. 
                        1501 et seq.); and
                            (ii) the remainder shall be at least 25 
                        percent of the value that all affected 
                        production of the crop would have had if the 
                        crop had not suffered a quality loss.
                    (B) Ineligibility.--If the amount of a quality loss 
                payment for a commodity for the producers on a farm 
                determined under this paragraph is equal to or less 
                than zero, the producers on the farm shall be 
                ineligible for assistance for the commodity under this 
                subsection.
            (5) Eligible production.--The Secretary shall carry out 
        this subsection in a fair and equitable manner for all eligible 
        production, including the production of fruits and vegetables, 
        other specialty crops, and field crops.
    (e) Timing.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall make payments to producers on a farm for a crop under 
        this section not later than 60 days after the date the 
        producers on the farm submit to the Secretary a completed 
        application for the payments.
            (2) Interest.--If the Secretary does not make payments to 
        the producers on a farm by the date described in paragraph (1), 
        the Secretary shall pay to the producers on a farm interest on 
        the payments at a rate equal to the current (as of the sign-up 
        deadline established by the Secretary) market yield on 
        outstanding, marketable obligations of the United States with 
        maturities of 30 years.

SEC. 202. LIVESTOCK ASSISTANCE.

    (a) Livestock Compensation Program.--
            (1) Use of commodity credit corporation funds.--Effective 
        beginning on the date of enactment of this Act, the Secretary 
        shall use funds of the Commodity Credit Corporation to carry 
        out the 2002 Livestock Compensation Program announced by the 
        Secretary on October 10, 2002 (67 Fed. Reg. 63070), to provide 
        compensation for livestock losses during calendar years 2005 
        and 2006 for losses due to a disaster, as determined by the 
        Secretary, except that the payment rate shall be 75 percent of 
        the payment rate established for the 2002 Livestock 
        Compensation Program.
            (2) Eligible applicants.--In carrying out the program 
        described in paragraph (1), the Secretary shall provide 
        assistance to any applicant for livestock losses during 
        calendar year 2005 or 2006, or both, that--
                    (A)(i) conducts a livestock operation that is 
                located in a disaster county, including any applicant 
                conducting a livestock operation with eligible 
                livestock (within the meaning of the livestock 
                assistance program under section 101(b) of division B 
                of Public Law 108-324 (118 Stat. 1234)); or
                    (ii) produces an animal described in section 
                10806(a)(1) of the Farm Security and Rural Investment 
                Act of 2002 (21 U.S.C. 321d(a)(1));
                    (B) demonstrates to the Secretary that the 
                applicant suffered a material loss of pasture or hay 
                production, or experienced substantially increased feed 
                costs, due to damaging weather or a related condition 
                during the calendar year, as determined by the 
                Secretary; and
                    (C) meets all other eligibility requirements 
                established by the Secretary for the program.
            (3) Mitigation.--In determining the eligibility for or 
        amount of payments for which a producer is eligible under the 
        livestock compensation program, the Secretary shall not 
        penalize a producer that takes actions (recognizing disaster 
        conditions) that reduce the average number of livestock the 
        producer owned for grazing during the production year for which 
        assistance is being provided.
    (b) Livestock Indemnity Payments.--
            (1) In general.--The Secretary shall use such sums as are 
        necessary of funds of the Commodity Credit Corporation to make 
        livestock indemnity payments to producers on farms that have 
        incurred livestock losses during calendar years 2005 and 2006 
        for losses that occurred prior to the date of enactment of this 
        Act (including wildfire disaster losses in the States of 
        Montana and Texas and other States) due to a disaster, as 
        determined by the Secretary, including losses due to 
        hurricanes, floods, anthrax, and wildfires.
            (2) Payment rates.--Indemnity payments to a producer on a 
        farm under paragraph (1) shall be made at a rate of not less 
        than 30 percent of the market value of the applicable livestock 
        on the day before the date of death of the livestock, as 
        determined by the Secretary.
    (c) Ewe Lamb Replacement and Retention.--
            (1) In general.--The Secretary shall use $13,000,000 of 
        funds of the Commodity Credit Corporation to make payments 
        under the Ewe Lamb Replacement and Retention Payment Program 
        under part 784 of title 7, Code of Federal Regulations (or a 
        successor regulation) for each qualifying ewe lamb retained or 
        purchased during the period beginning on January 1, 2006, and 
        ending on December 31, 2006.
            (2) Ineligibility for other assistance.--A producer that 
        receives assistance under this subsection shall not be eligible 
        to receive assistance under subsection (a).

SEC. 203. SUGAR BEET DISASTER ASSISTANCE.

    (a) In General.--The Secretary shall use $24,000,000 of funds of 
the Commodity Credit Corporation to provide assistance to sugar beet 
producers that suffered production losses (including quality losses) 
for the 2005 crop year.
    (b) Requirement.--The Secretary shall make payments under 
subsection (a) in the same manner as payments were made under section 
208 of the Agricultural Assistance Act of 2003 (Public Law 108-7; 117 
Stat. 544), including using the same indemnity benefits as were used in 
carrying out that section.

SEC. 204. BOVINE TUBERCULOSIS HERD INDEMNIFICATION.

    The Secretary shall use $2,000,000 of funds of the Commodity Credit 
Corporation to indemnify producers that suffered losses to herds of 
cattle due to bovine tuberculosis during calendar year 2005.

SEC. 205. REDUCTION IN PAYMENTS.

    The amount of any payment for which a producer is eligible under 
this title shall be reduced by any amount received by the producer for 
the same loss or any similar loss under--
            (1) the Department of Defense, Emergency Supplemental 
        Appropriations to Address Hurricanes in the Gulf of Mexico, and 
        Pandemic Influenza Act, 2006 (Public Law 109-148; 119 Stat. 
        2680);
            (2) an agricultural disaster assistance provision contained 
        in the announcement of the Secretary on January 26, 2006, or 
        August 29, 2006; or
            (3) the Emergency Supplemental Appropriations Act for 
        Defense, the Global War on Terror, and Hurricane Recovery, 2006 
        (Public Law 109-234; 120 Stat. 418).

 TITLE III--SUPPLEMENTAL NUTRITION AND AGRICULTURAL ECONOMIC DISASTER 
                               ASSISTANCE

SEC. 301. REPLENISHMENT OF SECTION 32.

    (a) Definition of Specialty Crop.--In this section:
            (1) In general.--The term ``specialty crop'' means any 
        agricultural crop.
            (2) Exception.--The term ``specialty crop'' does not 
        include--
                    (A) wheat;
                    (B) feed grains;
                    (C) oilseeds;
                    (D) cotton;
                    (E) rice;
                    (F) peanuts; or
                    (G) milk.
    (b) Base State Grants.--
            (1) In general.--The Secretary shall use $25,000,000 of 
        funds of the Commodity Credit Corporation to make grants to the 
        several States to be used to support activities that promote 
        agriculture.
            (2) Amounts.--The amount of the grants shall be $500,000 to 
        each of the several States.
    (c) Grants for Value of Production.--The Secretary shall use 
$74,500,000 of funds of the Commodity Credit Corporation to make a 
grant to each of the several States in an amount equal to the product 
obtained by multiplying--
            (1) the share of the State of the total value of specialty 
        crop and livestock of the United States for the 2004 crop year, 
        as determined by the Secretary; by
            (2) $74,500,000.
    (d) Special Crop and Livestock Priority.--As a condition on the 
receipt of a grant under this section, a State shall agree to give 
priority to the support of specialty crops and livestock in the use of 
the grant funds.
    (e) Use of Funds.--A State may use funds from a grant awarded under 
this section--
            (1) to supplement State food bank programs or other 
        nutrition assistance programs;
            (2) to promote the purchase, sale, or consumption of 
        agricultural products;
            (3) to provide economic assistance to agricultural 
        producers, giving a priority to the support of specialty crops 
        and livestock; or
            (4) for other purposes as determined by the Secretary.

SEC. 302. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.

    (a) In General.--Subject to subsection (b), the Secretary shall 
make a supplemental economic loss payment to--
            (1) any producers on a farm that received a direct payment 
        for crop year 2005 under title I of the Farm Security and Rural 
        Investment Act of 2002 (7 U.S.C. 7901 et seq.); and
            (2) any dairy producer that was eligible to receive a 
        payment during the 2005 calendar year under section 1502 of the 
        Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7982).
    (b) Amount.--
            (1) Covered commodities.--Subject to paragraph (3), the 
        amount of a supplemental economic loss payment made to the 
        producers on a farm under subsection (a)(1) shall be equal to 
        the product obtained by multiplying--
                    (A) 30 percent of the direct payment rate in effect 
                for the covered commodity of the producers on the farm;
                    (B) 85 percent of the base acres of the covered 
                commodity of the producers on the farm; and
                    (C) the payment yield for each covered commodity of 
                the producers on the farm.
            (2) Dairy payments.--
                    (A) Distribution.--Supplemental economic loss 
                payments under subsection (a)(2) shall be distributed 
                in a manner that is consistent with section 1502 of the 
                Farm and Rural Investment Act of 2002 (7 U.S.C. 7982).
                    (B) Maximum amount.--Subject to paragraph (3), the 
                total amount available for supplemental economic loss 
                payments under subsection (a)(2) shall not exceed 
                $147,000,000.
            (3) Limitations.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary shall ensure that no person receives 
                supplemental economic loss payments under--
                            (i) subsection (a)(1) in excess of the per 
                        person limitations applicable to a person that 
                        receives payments described in subsection 
                        (a)(1); and
                            (ii) subsection (a)(2) in excess of the per 
                        dairy operation limitation applicable to 
                        producers on a dairy farm described in 
                        subsection (a)(2).
                    (B) Administration.--In carrying out subparagraph 
                (A), the Secretary--
                            (i) shall establish separate limitations 
                        for supplemental economic loss payments 
                        received under this section; and
                            (ii) shall not include the supplemental 
                        economic loss payments in applying payment 
                        limitations under section 1001 of the Food 
                        Security Act of 1985 (7 U.S.C. 1001) for 
                        payments made pursuant to the underlying normal 
                        operation of the program described in 
                        subsection (a)(1) or section 1502 of the Farm 
                        and Rural Investment Act of 2002 (7 U.S.C. 
                        7982).

                         TITLE IV--CONSERVATION

SEC. 401. EMERGENCY WATERSHED PROTECTION PROGRAM.

    The Secretary shall use an additional $60,000,000 of funds of the 
Commodity Credit Corporation to carry out emergency measures identified 
by the Chief of the Natural Resources Conservation Service as of the 
date of enactment of this Act through the emergency watershed 
protection program established under section 403 of the Agricultural 
Credit Act of 1978 (16 U.S.C. 2203).

                      TITLE V--FARM SERVICE AGENCY

SEC. 501. FUNDING FOR ADDITIONAL PERSONNEL.

    The Secretary shall use $30,000,000 of funds of the Commodity 
Credit Corporation to hire additional County Farm Service Agency 
personnel--
            (1) to expedite the implementation of, and delivery under, 
        the agricultural disaster and economic assistance programs 
        under this Act; and
            (2) as the Secretary determines to be necessary to carry 
        out other agriculture and disaster assistance programs.

                        TITLE VI--MISCELLANEOUS

SEC. 601. FUNDING.

    The Secretary shall use the funds, facilities, and authorities of 
the Commodity Credit Corporation to carry out this Act, to remain 
available until expended.

SEC. 602. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this Act.
    (b) Procedure.--The promulgation of the regulations and 
administration of this Act shall be made without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.

                    TITLE VII--EMERGENCY DESIGNATION

SEC. 701. EMERGENCY DESIGNATION.

    The amounts provided in this Act are designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 83 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2007, as made applicable in the Senate by section 7035 of Public Law 
109-234.
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