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(1) COMPENSATION FOR LOSSES.—The Secretary
shall use the funds, facilities, and authorities of the
Commodity Credit Corporation to make $120,000,000
in payments to first processors of sugarcane that op-
erate in a disaster county in Louisiana, 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 Improvement 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 Hurricane 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 commodities
to the processor in a manner that reflects con-
tracts entered into between the processor and the
producers, except with respect to a portion of the
amount of total assistance described under para-
graph (1) necessary to compensate affected pro-
ducers for individual losses experienced by the
producers, including losses due to saltwater in-
trusion, flooding, wind damage, or increased
planting, replanting, or harvesting costs, which
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shall be transferred by the first processor to the
affected producers without regard 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 Agricul-
tural 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 as-
sistance to sugar beet producers that suffered production
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 As-
sistance Act of 2003 (Public Law 108–7; 117 Stat. 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 sugarcane
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growers in Texas by making a payment in that amount
to the Rio Grande Valley Sugar Growers, a farmer-owned
cooperative sugarcane processor in that State, for addi-
tional demurrage costs at the Port of Baton Rouge and ad-
ditional storage and transportation costs of raw sugar re-
sulting from hurricanes during calendar year 2005, exces-
sive rains, floods, wind, and other related conditions.
(f) HAWAII.—The Secretary shall use $6,000,000 of
funds of the Commodity Credit Corporation to assist sugar-
cane growers in Hawaii by making a payment in that
amount to an agricultural transportation cooperative in
Hawaii, the members of which are eligible to receive mar-
keting assistance loans and loan deficiency payments made
available under subtitle B of title I of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.).
(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.
SEC. 3015. 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.
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(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 re-
lated cleanup, in certain areas of Florida due to Hur-
ricanes Charley, Frances, and Jeanne during August
and September 2004, as described in the notice of pro-
gram implementation relating to Florida citrus, fruit,
vegetable, and nursery crop disaster programs (69
Fed. Reg. 63134 (October 29, 2004)).
(2) LOSS OF RECORDS.—Due to the complete de-
struction of the business records of many producers,
the Secretary shall use the best available information
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, that
no producer on a farm receives duplicative payments under
this section and any other Federal program for the same
loss.
SEC. 3016. DAIRY ASSISTANCE.
The Secretary shall use $25,000,000 of the funds of the
Commodity Credit Corporation to make payments to dairy
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producers for dairy production losses and dairy spoilage
losses in hurricane-affected counties.
SEC. 3017. COTTONSEED.
(a) DISTRIBUTION OF FUNDS.—The Secretary shall
provide disaster assistance under subsection (c) under the
same terms and conditions as assistance provided under
section 206 of the Agricultural Assistance Act of 2003 (Pub-
lic Law 108–7; 117 Stat. 543), except that assistance shall
be—
(1) distributed to producers and first handlers of
cottonseed; and
(2) based on cottonseed production during the
most recent year for which a disaster payment spe-
cifically for cottonseed was not authorized.
(b) COTTONSEED ASSISTANCE.—The Secretary shall
use $15,000,000 of the funds of the Commodity Credit Cor-
poration to provide assistance to producers and first-han-
dlers of the 2005 crop of cottonseed in hurricane-affected
counties.
SEC. 3018. REDUCTION IN PAYMENTS.
The amount of any payment for which a producer is
eligible under this subtitle shall be reduced by any amount
received by the producer for the same loss or any similar
loss under—
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(1) the Department of Defense, Emergency Sup-
plemental 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.
Subtitle B—Supplemental Nutrition
and Agricultural Economic Dis-
aster Assistance
SEC. 3021. 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; or
(F) peanuts.
(b) BASE STATE GRANTS.—
(1) IN
GENERAL.—The Secretary shall use
$25,500,000 of funds of the Commodity Credit Cor-
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poration to make grants to the several States, the Dis-
trict of Columbia, and the Commonwealth of Puerto
Rico to be used to support activities that promote ag-
riculture.
(2) AMOUNTS.—The amount of the grants shall
be—
(A) $500,000 to each of the several States;
and
(B) $250,000 to each of the Commonwealth
of Puerto Rico and the District of Columbia.
(c) GRANTS FOR VALUE OF PRODUCTION.—The Sec-
retary 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, livestock, and dairy production 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.
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(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 consump-
tion of agricultural products;
(3) to provide economic assistance to agricul-
tural producers, giving a priority to the support of
specialty crops and livestock; or
(4) for other purposes as determined by the Sec-
retary.
SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.
The Secretary shall make a supplemental economic loss
payment to any producer on a farm that received a direct
payment for crop year 2005 under title I of the Farm Secu-
rity and Rural Investment Act of 2002 (7 U.S.C. 7901 et
seq.) at a rate equal to the product obtained by
multiplying—
(1) 30 percent of the direct payment rate in ef-
fect for the program crop of the farmer;
(2) 85 percent of the program crop base of the
farmer; and
(3) the program payment yield for each program
crop of the farmer.
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SEC. 3023. REDUCTION IN PAYMENTS.
The amount of any payment for which a producer is
eligible under this subtitle 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 Sup-
plemental 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.
Subtitle C—Forestry
SEC. 3031. 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 (including
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 Se-
curity and Rural Investment Act of 2002 (7 U.S.C. 8201
et seq.) to—
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(1) producers who suffered tree losses in hurri-
cane-affected counties; and
(2) fruit and tree nut producers in hurricane-af-
fected counties for site preparation, replacement, re-
habilitation, 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.
(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.
Subtitle D—Conservation
SEC. 3041. NATURAL RESOURCES CONSERVATION SERVICE.
(a) AUTHORITY TO CLEAR DEBRIS AND ANIMAL CAR-
CASSES.—Notwithstanding any other provision of law, the
Secretary, acting through the Natural Resources Conserva-
tion Service, using funds made available for the emergency
watershed protection program established under section 403
of the Agricultural Credit Act of 1978 (16 U.S.C. 2203),
may provide financial and technical assistance to remove
and dispose of debris and animal carcasses that could ad-
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versely affect health and safety on non-Federal land in a
hurricane-affected county.
(b) AUTHORITY TO USE CERTAIN PRACTICES.—Not-
withstanding any other provision of law, the Secretary, act-
ing through the Natural Resources Conservation Service,
may use direct check-writing practices and electronic trans-
fers to provide financial and technical assistance under the
emergency watershed protection program established under
section 403 of the Agricultural Credit Act of 1978 (16
U.S.C. 2203) in a hurricane-affected county.
SEC. 3042. 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 pro-
gram established under section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203).
SEC. 3043. 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-
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lished under title IV of the Agricultural Credit Act of 1978
(16 U.S.C. 2201 et seq.).
Subtitle E—Farm Service Agency
SEC. 3051. FUNDING FOR ADDITIONAL PERSONNEL.
The Secretary shall use $23,000,000 of funds of the
Commodity Credit Corporation to hire additional County
Farm Service Agency personnel—
(1) to expedite the implementation of, and deliv-
ery under, the agricultural disaster and economic as-
sistance programs under this title; and
(2) as the Secretary determines to be necessary
to carry out other agriculture and disaster assistance
programs.
Subtitle F—Miscellaneous
SEC. 3061. AUTHORITY TO PROVIDE IMMUNIZATIONS.
Notwithstanding any other provision of law, the Sec-
retary of Defense may provide immunizations to employees
of the Department of Agriculture involved in direct recovery
work in a hurricane-affected county.
SEC. 3062. WAIVER OF CERTAIN PROVISIONS.
Notwithstanding any other provision of law, the Sec-
retary may provide assistance in a hurricane-affected coun-
ty under the emergency conservation program established
under title IV of the Agricultural Credit Act of 1978 (16
U.S.C. 2201 et seq.) without regard to subtitle C of title