of title 7, Code of Federal Regulations (as in effect 
on January 1, 2002). 
(d) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec-
retary shall ensure, to the maximum extent practicable, 
that no producer on a farm receives duplicative payments 
under this section and any other Federal program for the 
same loss. 
SEC. 103. SUGARCANE AND SUGAR BEET DISASTER ASSIST-
ANCE. 
(a) FLORIDA.—The Secretary of Agriculture shall 
use $120,000,000 of funds of the Commodity Credit Cor-
poration to make payments to processors in Florida that 
are eligible to obtain a loan under section 156(a) of the 
Federal Agriculture Improvement and Reform Act of 1996 
(7 U.S.C. 7272(a)) to compensate first processors and 
producers for crop and other losses in hurricane-affected 
counties that are related to hurricanes, tropical storms, 
excessive rains, floods, and wind in Florida during cal-
endar year 2005, by an agreement on the same terms and 
conditions, to the maximum extent practicable, as the pay-
ments made under section 102 of the Emergency Supple-
mental Appropriations for Hurricane Disasters Assistance 
Act of 2005 (Public Law 108–324; 118 Stat. 1235), in-
cluding that the 2005 base production of each harvesting 
unit shall be determined using the same base year crop 
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production history that was used pursuant to the agree-
ment under that section. 
(b) LOUISIANA.— 
(1) COMPENSATION
FOR
LOSSES.—The Sec-
retary shall use the funds, facilities, and authorities 
of the Commodity Credit Corporation to make 
$120,000,000 in payments to first processors of sug-
arcane that operate in a disaster county in Lou-
isiana, or obtain sugarcane from a disaster county in 
Louisiana, and that are eligible to obtain a loan 
under section 156(a) of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C. 
7272(a)), to compensate the producers and first 
processors for crop and other losses due to Hurri-
cane Katrina, Hurricane Rita, or related conditions. 
(2) ADMINISTRATION.—Assistance under this 
subsection shall be— 
(A) shared by an affected first processor 
with affected producers that provide commod-
ities to the processor in a manner that reflects 
contracts entered into between the processor 
and the producers, except with respect to a por-
tion of the amount of total assistance described 
under paragraph (1) necessary to compensate 
affected producers for individual losses experi-
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enced by the producers, including losses due to 
saltwater intrusion, flooding, wind damage, or 
increased planting, replanting, or harvesting 
costs, which shall be transferred by the first 
processor to the affected producers without re-
gard to contractual share arrangements; and 
(B) made available under such terms and 
conditions as the Secretary determines are nec-
essary to carry out this subsection. 
(3) LOSS
DETERMINATION.—In carrying out 
this subsection, the Secretary shall use the same 
base year to determine crop loss that was elected by 
a producer to determine crop loss in carrying out the 
hurricane assistance program under section 207 of 
the Agricultural Assistance Act of 2003 (Public Law 
108–7; 117 Stat. 543). 
(c) FUNDING.—The Secretary shall use $40,000,000 
of funds of the Commodity Credit Corporation to provide 
assistance to sugar beet producers that suffered produc-
tion losses (including quality losses) for the 2005 crop 
year. 
(d) REQUIREMENT.—The Secretary shall make pay-
ments under subsection (c) in the same manner as pay-
ments were made under section 208 of the Agricultural 
Assistance Act of 2003 (Public Law 108–7; 117 Stat. 
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544), including using the same indemnity benefits as were 
used in carrying out that section. 
(e) TEXAS.—The Secretary shall use $400,000 of 
funds of the Commodity Credit Corporation to assist sug-
arcane growers in Texas by making a payment in that 
amount to the Rio Grande Valley Sugar Growers, a farm-
er-owned cooperative sugarcane processor in that State, 
for additional demurrage costs at the Port of Baton Rouge 
and additional storage and transportation costs of raw 
sugar resulting from hurricanes during calendar year 
2005, excessive rains, floods, wind, and other related con-
ditions. 
(f) HAWAII.—The Secretary shall use $6,000,000 of 
funds of the Commodity Credit Corporation to assist sug-
arcane growers in Hawaii by making a payment in that 
amount to an agricultural transportation cooperative in 
Hawaii, the members of which are eligible to obtain a loan 
under section 156(a) of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7272(a)). 
(g) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec-
retary shall ensure, to the maximum extent practicable, 
that no producer on a farm receives duplicative payments 
under this section and any other Federal program for the 
same loss. 
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SEC. 104. SPECIALTY CROPS AND NURSERY CROPS. 
(a) IN GENERAL.—The Secretary shall use funds of 
the Commodity Credit Corporation to provide assistance 
to producers of specialty crops and nursery crops in hurri-
cane-affected counties. 
(b) ADMINISTRATION.— 
(1) IN GENERAL.—Assistance required by sub-
section (a) shall be carried out by the Secretary 
under the same terms and conditions as the special 
disaster relief programs carried out for producers 
that suffered from crop damage and tree losses, and 
carried out related cleanup, in certain areas of Flor-
ida due to Hurricanes Charley, Frances, and Jeanne 
during August and September 2004, as described in 
the notice of program implementation relating to 
Florida citrus, fruit, vegetable, and nursery crop dis-
aster programs (69 Fed. Reg. 63134 (October 29, 
2004)). 
(2) LOSS OF RECORDS.—Due to the complete 
destruction of the business records of many pro-
ducers, the Secretary shall use the best available in-
formation in determining eligibility, determining 
losses, and calculating payment amounts under this 
section. 
(c) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec-
retary shall ensure, to the maximum extent practicable, 
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that no producer on a farm receives duplicative payments 
under this section and any other Federal program for the 
same loss. 
SEC. 105. TREE ASSISTANCE PROGRAM. 
(a) DEFINITION OF TREE.—In this section, the term 
‘‘tree’’ includes a tree (including a Christmas tree, orna-
mental tree, nursery tree, and potted tree), bush (includ-
ing a shrub), and vine. 
(b) PROGRAM.—Except as otherwise provided in this 
section, the Secretary shall use such sums as are necessary 
of the funds of the Commodity Credit Corporation to pro-
vide assistance under the tree assistance program estab-
lished under sections 10201 through 10203 of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 
8201 et seq.) to— 
(1) producers who suffered tree losses in hurri-
cane-affected counties; and 
(2) fruit and tree nut producers in hurricane- 
affected counties for site preparation, replacement, 
rehabilitation, and pruning. 
(c) COSTS.—Funds made available under this section 
shall also be made available to cover costs associated with 
tree pruning, tree rehabilitation, and other appropriate 
tree-related activities as determined by the Secretary. 
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(d) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec-
retary shall ensure, to the maximum extent practicable, 
that no producer on a farm receives duplicative payments 
under this section and any other Federal program for the 
same loss. 
SEC. 106. DAIRY ASSISTANCE. 
The Secretary shall use $25,000,000 of the funds of 
the Commodity Credit Corporation to make payments to 
dairy producers for dairy production losses and dairy 
spoilage losses in hurricane-affected counties. 
SEC. 107. COTTONSEED. 
(a) COTTONSEED ASSISTANCE.—The Secretary shall 
use $15,000,000 of the funds of the Commodity Credit 
Corporation to provide assistance to producers and first- 
handlers of the 2005 crop of cottonseed in hurricane-af-
fected counties. 
(b) TERMS AND CONDITIONS.—Assistance under sub-
section (a) shall be provided under the same terms and 
conditions as assistance provided under section 206 of the 
Agricultural Assistance Act of 2003 (Public Law 108–7; 
117 Stat. 543), except that assistance shall be— 
(1) distributed to producers and first handlers 
of cottonseed; and 
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(2) based on cottonseed production during the 
most recent year for which a disaster payment spe-
cifically for cottonseed was not authorized. 
SEC. 108. 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); or 
(2) an agricultural disaster assistance provision 
contained in the announcement of the Secretary on 
January 26, 2006. 
TITLE II—CONSERVATION 
SEC. 201. NATURAL RESOURCES CONSERVATION SERVICE. 
(a) ASSISTANCE TO CLEAR DEBRIS AND ANIMAL 
CARCASSES.— 
(1) AUTHORITY
TO
PROVIDE
ASSISTANCE.— 
Notwithstanding any other provision of law, the Sec-
retary may provide financial and technical assistance 
to remove and dispose of debris and livestock car-
casses that could adversely affect health and safety 
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on non-Federal land in a hurricane-affected county 
or a disaster county. 
(2) PROVISION
OF
ASSISTANCE; 
FUNDING 
SOURCE.—The Secretary shall carry out this sub-
section acting through the Natural Resources Con-
servation Service and using funds made available for 
the emergency watershed protection program estab-
lished under section 403 of the Agricultural Credit 
Act of 1978 (16 U.S.C. 2203). 
(3) ELECTION OF LOSSES.—If an applicant for 
assistance under this subsection incurred debris and 
livestock damage in both calendar years 2005 and 
2006, the applicant shall elect to receive assistance 
under this subsection for damages incurred in either 
calendar year 2005 or calendar year 2006, but not 
both calendar years. 
(b) AUTHORITY TO MITIGATE EFFECTS OF SALT-
WATER.—Notwithstanding any other provision of law, the 
Secretary, acting through the Natural Resources Con-
servation Service and using funds made available for the 
emergency conservation program established under title 
IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 
et seq.), may provide financial and technical assistance to 
mitigate the effects of saltwater intrusion. 
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(c) AUTHORITY TO USE CERTAIN PRACTICES.—Not-
withstanding any other provision of law, the Secretary, 
acting through the Natural Resources Conservation Serv-
ice, may use direct check-writing practices and electronic 
transfers to provide financial and technical assistance 
under the emergency watershed protection program estab-
lished under section 403 of the Agricultural Credit Act 
of 1978 (16 U.S.C. 2203) in a hurricane-affected county. 
SEC. 202. EMERGENCY WATERSHED PROTECTION PRO-
GRAM. 
The Secretary shall use an additional $108,500,000 
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). 
SEC. 203. EMERGENCY CONSERVATION PROGRAM. 
The Secretary shall use an additional $17,000,000 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 estab-
lished under title IV of the Agricultural Credit Act of 1978 
(16 U.S.C. 2201 et seq.). Notwithstanding any other pro-
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