(1) in the case of all insurable commodities 
grown by the producer during the next available cov-
erage period— 
(A) to obtain at least catastrophic risk pro-
tection for those commodities under the Federal 
Crop Insurance Act (7 U.S.C. 1501 et seq.); 
and 
(B) in the event of violation of the con-
tract, to repay to the Secretary any payment re-
ceived under this section; and 
(2) in the case of all noninsurable commodities 
grown by the producer during the next available cov-
erage period— 
(A) to file the required paperwork, and pay 
the administrative fee by the applicable State 
filing deadline, for those commodities under sec-
tion 196 of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7333); 
and 
(B) in the event of violation of the con-
tract, to repay to the Secretary any payment re-
ceived under this section. 
(g) RELATION TO OTHER ASSISTANCE.— 
(1) LINK TO ACTUAL LOSSES.—Assistance pro-
vided under subsection (a) to a producer for losses
to a crop, together with the amounts specified in 
paragraph (2) applicable to the same crop, may not 
exceed 100 percent of what the value of the crop 
would have been in the absence of the losses, as esti-
mated by the Secretary. 
(2) OTHER PAYMENTS.—In applying the limita-
tion in paragraph (1), the Secretary shall include the 
following: 
(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) Assistance received under any other 
emergency crop loss authority. 
(C) The value of the crop that was not lost 
(if any), as estimated by the Secretary. 
(h) ADJUSTED GROSS INCOME LIMITATION.—The 
average adjusted gross income limitation specified in sec-
tion 1001D of the Food Security Act of 1985 (7 U.S.C. 
1308–3a), shall apply to assistance provided under this 
section.
SEC. 103. CITRUS AND VEGETABLE ASSISTANCE. 
Notwithstanding any other provision of this Act or 
any other law, 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 both citrus and vegetable pro-
ducers to carry out an assistance program similar to the 
program entitled the ‘‘Florida Citrus Disaster Program’’, 
described at 69 Fed. Reg. 63134, October 29, 2004, Docu-
ment No. 04–24290 (relating to Florida citrus, fruit, vege-
table, and nursery crop disaster programs), except that 
qualifying crop losses shall be limited to those losses 
caused by a hurricane or tropical storm occurring during 
the 2005 hurricane season in a disaster county. 
SEC. 104. SUGAR PRODUCERS. 
The Secretary shall use $395,000,000 of the funds 
of the Commodity Credit Corporation to make payments 
to processors in Florida and Louisiana that are eligible 
to obtain a loan under section 156(a) of the Federal Agri-
culture Improvement and Reform Act of 1996 (7 U.S.C. 
7272(a)) to compensate first processors and producers for 
crop and other losses that are related to hurricanes, trop-
ical storms, excessive rains, and floods occurring during 
calendar year 2005, to be calculated and paid on the basis 
of losses on 40-acre harvesting units, in disaster counties, 
on the same terms and conditions, to the maximum extent
practicable, as payments made under section 102 of the 
Emergency Supplemental Appropriations for Hurricane 
Disasters Assistance Act, 2005 (Public Law 108–324; 118 
Stat. 1235). 
TITLE II—LIVESTOCK 
ASSISTANCE 
SEC. 201. LIVESTOCK ASSISTANCE PROGRAM. 
(a) EMERGENCY FINANCIAL ASSISTANCE.— 
(1) IN GENERAL.—The Secretary shall use such 
sums as are necessary of funds of the Commodity 
Credit Corporation to make payments for livestock 
losses to producers for 2005 or 2006 losses (as elect-
ed by a producer), but not both, in a county that 
has received an emergency disaster designation by 
the President after January 1, 2004. 
(2) RESTRICTION.—In determining eligibility 
for assistance under this section, the Secretary shall 
not use the end date of the normal grazing period 
to determine the threshold of a 90-day loss of car-
rying capacity. 
(b) ADMINISTRATION.—Except as provided in sub-
section (a), the Secretary shall make assistance available 
under this subsection in the same manner as provided 
under section 806 of the Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Ap-
propriations Act, 2001 (Public Law 106–387; 114 Stat. 
1549A–51). 
(c) MITIGATION.—In determining the eligibility for or 
amount of payments for which a producer is eligible under 
this section, the Secretary shall not penalize a producer 
that takes actions (including recognizing disaster condi-
tions) that reduce the average number of livestock the pro-
ducer owned for grazing during the production year for 
which assistance is being provided. 
(d) INCLUSION OF POULTRY.—In providing assist-
ance under this section, the Secretary shall include poultry 
within the definition of ‘‘livestock’’. 
TITLE III—FORESTRY 
SEC. 301. TREE ASSISTANCE PROGRAM. 
(a) SPECIFIC
INCLUSION
OF
NURSERY
TREES, 
CHRISTMAS TREES, TIMBER AND FOREST PRODUCTS.— 
Section 10201 of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8201) is amended by striking para-
graph (1) and inserting the following: 
‘‘(1) ELIGIBLE ORCHARDIST.—The term ‘eligi-
ble orchardist’ means— 
‘‘(A) a person that produces annual crops 
from trees for commercial purposes; 
‘‘(B) a nursery grower that produces field- 
grown trees, container-grown trees, or both,