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SEC. 7248. TIME FOR PAYMENT OF CORPORATE ESTIMATED 
TAXES. 
Subparagraph (B) of section 401(1) of the Tax In-
crease Prevention and Reconciliation Act of 2005 is 
amended by striking ‘‘106.25 percent’’ and inserting 
‘‘114.25 percent’’. 
DIVISION
B—AGRICULTURAL 
DISASTER
ASSISTANCE
AND 
WESTERN
STATES
EMER-
GENCY
UNFINISHED
BUSI-
NESS APPROPRIATIONS ACT, 
2007 
SECTION 1. SHORT TITLE. 
This division may be cited as the ‘‘Agricultural Dis-
aster Assistance and Western States Emergency Unfin-
ished Business Appropriations Act, 2007’’. 
SEC. 2. STATEMENT OF APPROPRIATIONS. 
The following sums in this division are appropriated, 
out of any money in the Treasury not otherwise appro-
priated, for the fiscal year ending September 30, 2007. 
TITLE I—AGRICULTURAL 
ASSISTANCE 
SEC. 1001. CROP DISASTER ASSISTANCE. 
(a) ASSISTANCE AVAILABLE.—There are hereby ap-
propriated to the Secretary of Agriculture such sums as 
are necessary, to remain available until expended, to make 
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emergency financial assistance available to producers on 
a farm that incurred qualifying quantity or quality losses 
for the 2005 or 2006 crop, or that part of the 2007 crop 
year before February 28, 2007, due to damaging weather 
or any related condition (including losses due to crop dis-
eases, insects, and delayed planting), as determined by the 
Secretary. However, to be eligible for assistance, the crop 
subject to the loss must have been planted before Feb-
ruary 28, 2007, or, in the case of prevented planting or 
other total loss, would have been planted before February 
28, 2007, in the absence of the damaging weather or any 
related condition. 
(b) ELECTION OF CROP YEAR.—If a producer in-
curred qualifying crop losses in more than one of the 
2005, 2006, or 2007 crop years, the producer shall elect 
to receive assistance under this section for losses incurred 
in only one of such crop years. The producer may not re-
ceive assistance under this section for more than one crop 
year. 
(c) ADMINISTRATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary of Agriculture shall make 
assistance available under this section in the same 
manner as provided under section 815 of the Agri-
culture, Rural Development, Food and Drug Admin-
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istration 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)
LOSS
THRESHOLDS
FOR
QUALITY 
LOSSES.—In the case of a payment for quality loss 
for a crop under subsection (a), the loss thresholds 
for quality loss for the crop shall be determined 
under subsection (d). 
(d) QUALITY LOSSES.— 
(1) IN GENERAL.—Subject to paragraph (3), 
the amount of a payment made to producers on a 
farm for a quality loss for a crop under subsection 
(a) shall be equal to the amount obtained by multi-
plying— 
(A) 65 percent of the payment quantity de-
termined under paragraph (2); by 
(B) 50 percent of the payment rate deter-
mined under paragraph (3). 
(2) PAYMENT QUANTITY.—For the purpose of 
paragraph (1)(A), the payment quantity for quality 
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losses for a crop of a commodity on a farm shall 
equal the lesser of— 
(A) the actual production of the crop af-
fected by a quality loss of the commodity on the 
farm; or 
(B) the quantity of expected production of 
the crop affected by a quality loss of the com-
modity on the farm, using the formula used by 
the Secretary of Agriculture to determine quan-
tity losses for the crop of the commodity under 
subsection (a). 
(3) PAYMENT RATE.—For the purpose of para-
graph (1)(B) and in accordance with paragraphs (5) 
and (6), the payment rate for quality losses for a 
crop of a commodity on a farm shall be equal to the 
difference between— 
(A) 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 
(B) the per unit market value of the units 
of the crop affected by the quality loss. 
(4) ELIGIBILITY.—For producers on a farm to 
be eligible to obtain a payment for a quality loss for 
a crop under subsection (a), the amount obtained by 
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multiplying the per unit loss determined under para-
graph (1) by the number of units affected by the 
quality loss 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. 
(5) MARKETING CONTRACTS.—In the case of 
any production of a commodity that is sold pursuant 
to one or more marketing contracts (regardless of 
whether the contract is entered into by the pro-
ducers on the farm before or after harvest) and for 
which appropriate documentation exists, the quan-
tity designated in the contracts shall be eligible for 
quality loss assistance based on the one or more 
prices specified in the contracts. 
(6) OTHER PRODUCTION.—For any additional 
production of a commodity for which a marketing 
contract does not exist or for which production con-
tinues to be owned by the producer, quality losses 
shall be based on the average local market discounts 
for reduced quality, as determined by the appro-
priate State committee of the Farm Service Agency. 
(7) QUALITY ADJUSTMENTS AND DISCOUNTS.— 
The appropriate State committee of the Farm Serv-
ice Agency shall identify the appropriate quality ad-
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justment and discount factors to be considered in 
carrying out this subsection, including— 
(A) the average local discounts actually ap-
plied to a crop; and 
(B) the discount schedules applied to loans 
made by the Farm Service Agency or crop in-
surance coverage under the Federal Crop Insur-
ance Act (7 U.S.C. 1501 et seq.). 
(8) ELIGIBLE PRODUCTION.—The Secretary of 
Agriculture shall carry out this subsection in a fair 
and equitable manner for all eligible production, in-
cluding the production of fruits and vegetables, 
other specialty crops, and field crops. 
(e) PAYMENT LIMITATIONS.— 
(1) LIMIT ON AMOUNT OF ASSISTANCE.—As-
sistance provided under this section to a producer 
for losses to a crop, together with the amounts speci-
fied in paragraph (2) applicable to the same crop, 
may not exceed 95 percent of what the value of the 
crop would have been in the absence of the losses, 
as estimated by the Secretary of Agriculture. 
(2) OTHER PAYMENTS.—In applying the limita-
tion in paragraph (1), the Secretary shall include the 
following: 
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(A) Any crop insurance payment made 
under
the
Federal
Crop
Insurance
Act
(7 
U.S.C. 1501 et seq.) or payment under section 
196 of the Federal Agricultural Improvement 
and Reform Act of 1996 (7 U.S.C. 7333) that 
the producer receives for losses to the same 
crop. 
(B) The value of the crop that was not lost 
(if any), as estimated by the Secretary. 
(f)
ELIGIBILITY
REQUIREMENTS
AND
LIMITA-
TIONS.—The producers on a farm shall not be eligible for 
assistance under this section with respect to losses to an 
insurable commodity or noninsurable commodity if the 
producers on the farm— 
(1) in the case of an insurable commodity, did 
not obtain a policy or plan of insurance for the in-
surable commodity under the Federal Crop Insur-
ance Act (7 U.S.C. 1501 et seq.) for the crop incur-
ring the losses; 
(2) in the case of a noninsurable commodity, 
did not file the required paperwork, and pay the ad-
ministrative fee by the applicable State filing dead-
line, for the noninsurable commodity under section 
196 of the Federal Agriculture Improvement and 
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Reform Act of 1996 (7 U.S.C. 7333) for the crop 
incurring the losses; or 
(3) were not in compliance with highly erodible 
land conservation and wetland conservation provi-
sions. 
(g) TIMING.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary of Agriculture 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 ap-
plication for the payments. 
(2) INTEREST.—If the Secretary does not make 
payments to the producers on a farm by the date de-
scribed 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 dead-
line established by the Secretary) market yield on 
outstanding, marketable obligations of the United 
States with maturities of 30 years. 
(h) DEFINITIONS.—In this section: 
(1) INSURABLE COMMODITY.—The term ‘‘insur-
able commodity’’ means an agricultural commodity 
(excluding livestock) for which the producers on a 
farm are eligible to obtain a policy or plan of insur-
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ance under the Federal Crop Insurance Act (7 
U.S.C. 1501 et seq.). 
(2)
NONINSURABLE
COMMODITY.—The
term 
‘‘noninsurable commodity’’ means a crop for which 
the producers on a farm are eligible to obtain assist-
ance under section 196 of the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 
7333). 
SEC. 1002. LIVESTOCK ASSISTANCE. 
(a) LIVESTOCK COMPENSATION PROGRAM.— 
(1) AVAILABILITY OF ASSISTANCE.—There are 
hereby appropriated to the Secretary of Agriculture 
such sums as are necessary, to remain available 
until expended, to carry out the livestock compensa-
tion program established under subpart B of part 
1416 of title 7, Code of Federal Regulations, as an-
nounced by the Secretary on February 12, 2007 (72 
Fed. Reg. 6443), to provide compensation for live-
stock losses between January 1, 2005 and February 
28, 2007, due to a disaster, as determined by the 
Secretary (including losses due to blizzards that 
started in 2006 and continued into January 2007). 
However, the payment rate for compensation under 
this subsection shall be 70 percent of the payment 
rate otherwise applicable under such program. In 
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213 
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addition, section 1416.102(b)(2)(ii) of title 7, Code 
of Federal Regulations (72 Fed. Reg. 6444) shall 
not apply. 
(2) ELIGIBLE
APPLICANTS.—In carrying out 
the program described in paragraph (1), the Sec-
retary shall provide assistance to any applicant 
that— 
(A) conducts a livestock operation that is 
located in a disaster county with eligible live-
stock specified in paragraph (1) of section 
1416.102(a) of title 7, Code of Federal Regula-
tions (72 Fed. Reg. 6444), 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)), or other animals designated by the 
Secretary as livestock for purposes of this sub-
section; and 
(B) meets the requirements of paragraphs 
(3) and (4) of section 1416.102(a) of title 7, 
Code of Federal Regulations, and all other eligi-
bility requirements established by the Secretary 
for the program. 
(3) ELECTION OF LOSSES.— 
(A) If a producer incurred eligible livestock 
losses in more than one of the 2005, 2006, or 
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2007 calendar years, the producer shall elect to 
receive
payments
under
this
subsection
for 
losses incurred in only one of such calendar 
years, and such losses must have been incurred 
in a county declared or designated as a disaster 
county in that same calendar year. 
(B) Producers may elect to receive com-
pensation for losses in the calendar year 2007 
grazing season that are attributable to wildfires 
occurring during the applicable period, as deter-
mined by the Secretary. 
(4) 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. 
(5) DEFINITIONS.—In this subsection: 
(A) DISASTER COUNTY.—The term ‘‘dis-
aster county’’ means— 
(i) a county included in the geo-
graphic area covered by a natural disaster 
declaration; and 
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(ii) each county contiguous to a coun-
ty described in clause (i). 
(B) NATURAL DISASTER DECLARATION.— 
The
term
‘‘natural
disaster
declaration’’ 
means— 
(i) a natural disaster declared by the 
Secretary between January 1, 2005 and 
February 28, 2007, under section 321(a) 
of the Consolidated Farm and Rural De-
velopment Act (7 U.S.C. 1961(a)); 
(ii) a major disaster or emergency 
designated by the President between Janu-
ary 1, 2005 and February 28, 2007, under 
the Robert T. Stafford Disaster Relief and 
Emergency
Assistance
Act
(42
U.S.C. 
5121 et seq.); or 
(iii) a determination of a Farm Serv-
ice Agency Administrator’s Physical Loss 
Notice if such notice applies to a county 
included under (ii). 
(b) LIVESTOCK INDEMNITY PAYMENTS.— 
(1) AVAILABILITY OF ASSISTANCE.—There are 
hereby appropriated to the Secretary of Agriculture 
such sums as are necessary, to remain available 
until expended, to make livestock indemnity pay-
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ments to producers on farms that have incurred live-
stock losses between January 1, 2005 and February 
28, 2007, due to a disaster, as determined by the 
Secretary (including losses due to blizzards that 
started in 2006 and continued into January 2007) 
in a disaster county. To be eligible for assistance, 
applicants must meet all eligibility requirements es-
tablished by the Secretary for the program. 
(2) ELECTION OF LOSSES.—If a producer in-
curred eligible livestock losses in more than one of 
the 2005, 2006, or 2007 calendar years, the pro-
ducer shall elect to receive payments under this sub-
section for losses incurred in only one of such cal-
endar years. The producer may not receive payments 
under this subsection for more than one calendar 
year. 
(3) 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 deter-
mined by the Secretary. 
(4) LIVESTOCK DEFINED.—In this subsection, 
the term ‘‘livestock’’ means an animal that— 
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(A) is specified in clause (i) of section 
1416.203(a)(2) of title 7, Code of Federal Reg-
ulations (72 Fed. Reg. 6445), or is designated 
by the Secretary as livestock for purposes of 
this subsection; and 
(B) meets the requirements of clauses (iii) 
and (iv) of such section. 
(5) DEFINITIONS.—In this subsection: 
(A) DISASTER COUNTY.—The term ‘‘dis-
aster county’’ means— 
(i) a county included in the geo-
graphic area covered by a natural disaster 
declaration; and 
(ii) each county contiguous to a coun-
ty described in clause (i). 
(B) NATURAL DISASTER DECLARATION.— 
The
term
‘‘natural
disaster
declaration’’ 
means— 
(i) a natural disaster declared by the 
Secretary between January 1, 2005 and 
February 28, 2007, under section 321(a) 
of the Consolidated Farm and Rural De-
velopment Act (7 U.S.C. 1961(a)); 
(ii) a major disaster or emergency 
designated by the President between Janu-
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ary 1, 2005 and February 28, 2007, under 
the Robert T. Stafford Disaster Relief and 
Emergency
Assistance
Act
(42
U.S.C. 
5121 et seq.); or 
(iii) a determination of a Farm Serv-
ice Agency Administrator’s Physical Loss 
Notice if such notice applies to a county 
included under (ii). 
SEC. 1003. EMERGENCY CONSERVATION PROGRAM. 
There is hereby appropriated to the Secretary of Ag-
riculture $20,000,000, to remain available until expended, 
to provide assistance under the Emergency Conservation 
Program under title IV of the Agriculture Credit Act of 
1978 (16 U.S.C. 2201 et seq.) for the cleanup and restora-
tion of farm and agricultural production lands. 
SEC. 1004. PAYMENT LIMITATIONS. 
(a) REDUCTION IN PAYMENTS TO REFLECT PAY-
MENTS FOR SAME OR SIMILAR LOSSES.—The amount of 
any payment for which a producer is eligible under sec-
tions 1001 and 1002 shall be reduced by any amount re-
ceived by the producer for the same loss or any similar 
loss under— 
(1) the Department of Defense, Emergency 
Supplemental Appropriations to Address Hurricanes 
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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 Appropria-
tions Act for Defense, the Global War on Terror, 
and Hurricane Recovery, 2006 (Public Law 109– 
234; 120 Stat. 418). 
(b) ADJUSTED GROSS INCOME LIMITATION.—Section 
1001D of the Food Security Act of 1985 (7 U.S.C. 1308– 
3a) shall apply with respect to assistance provided under 
sections 1001, 1002, and 1003. 
SEC. 1005. ADMINISTRATION. 
(a) REGULATIONS.—The Secretary of Agriculture 
may promulgate such regulations as are necessary to im-
plement sections 1001 and 1002. 
(b) PROCEDURE.—The promulgation of the imple-
menting regulations and the administration of sections 
1001 and 1002 shall be made without regard to— 
(1) the notice and comment provisions of sec-
tion 553 of title 5, United States Code; 
(2) the Statement of Policy of the Secretary of 
Agriculture effective July 24, 1971 (36 Fed. Reg. 
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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 RULE-
MAKING.—In carrying out this section, the Secretary of 
Agriculture shall use the authority provided under section 
808 of title 5, United States Code. 
(d) USE
OF COMMODITY CREDIT CORPORATION; 
LIMITATION.—In implementing sections 1001 and 1002, 
the Secretary of Agriculture may use the facilities, serv-
ices, and authorities of the Commodity Credit Corpora-
tion. The Corporation shall not make any expenditures to 
carry out sections 1001 and 1002 unless funds have been 
specifically appropriated for such purpose. 
SEC. 1006. MILK INCOME LOSS CONTRACT PROGRAM. 
Section 1502(c)(3) of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 7982(c)(3)) is amend-
ed— 
(1) in subparagraph (A), by adding ‘‘and’’ at 
the end; 
(2) in subparagraph (B), by striking ‘‘August’’ 
and all that follows through the end and inserting 
‘‘September 30, 2007, 34 percent.’’; and 
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