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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 ac-
tions (recognizing disaster conditions) that reduce the 
average number of livestock the producer owned for 
grazing during the production year for which assist-
ance is being provided. 
(4) PAYMENTS FOR REDUCTION IN GRAZING ON 
FEDERAL LAND.— 
(A) IN GENERAL.—In carrying out this sub-
section, the Secretary shall make payments to 
livestock producers that are in proportion to any 
reduction during calendar year 2007 in grazing 
on Federal land in a disaster county leased by 
the producers a result of actions described in 
subparagraph (B). 
(B) FEDERAL ACTIONS.—Actions referred to 
in subparagraph (A) are actions taken during 
calendar year 2007 by the Bureau of Land Man-
agement or other Federal agency to restrict or 
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prohibit grazing otherwise allowed under the 
terms of the lease of the producers in order to ex-
pedite the recovery of the Federal land from 
drought, wildfire, or other natural disaster de-
clared by the Secretary during the applicable pe-
riod. 
(5) LIMITATION.—The Secretary shall ensure, to 
the maximum extent practicable, that producers on a 
farm do not receive duplicative payments under this 
subsection and another Federal program with respect 
to any loss. 
(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 pay-
ments to producers on farms that have incurred live-
stock losses during the applicable period (including 
losses due to blizzards that began in calendar year 
2006 and continued in January 2007) due to a dis-
aster, as determined by the Secretary, including losses 
due to hurricanes, floods, anthrax, wildfires, and ex-
treme heat. 
(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 mar-
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ket 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 Cor-
poration to make payments to producers located in 
disaster counties 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, by the pro-
ducers. 
(2) INELIGIBILITY FOR OTHER ASSISTANCE.—A 
producer that receives assistance under this subsection 
shall not be eligible to receive assistance under sub-
section (a). 
(d) ELECTION OF PRODUCTION YEAR.—If a producer 
incurred qualifying production losses in more than one of 
the production years, the producers on a farm shall elect 
to receive assistance under this section in only one of the 
production years. 
(e) EXCEPTION.—Notwithstanding any other provision 
of this section, livestock producers on a farm shall be eligible 
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to receive assistance under subsection (a) or livestock in-
demnity payments under subsection (b) if the producers on 
a farm— 
(1) have livestock operations in a county in-
cluded in the geographic area covered by a major dis-
aster or emergency designated by the President under 
the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) due to bliz-
zards, ice storms, or other winter–related causes dur-
ing the period of December 2006 through January 
2007; and 
(2) meet all eligibility requirements for the as-
sistance or payments other than the requirements re-
lating to disaster declarations by the Secretary under 
subsections (a) and (b)(1). 
SEC. 415. FLOODED CROP AND GRAZING LAND. 
(a) IN GENERAL.—The Secretary shall compensate eli-
gible owners of flooded crop and grazing land in the State 
of North Dakota. 
(b) ELIGIBILITY.— 
(1) IN GENERAL.—To be eligible to receive com-
pensation under this section, an owner shall own land 
described in subsection (a) that, during the 2 crop 
years preceding receipt of compensation, was rendered 
incapable of use for the production of an agricultural 
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commodity or for grazing purposes (in a manner con-
sistent with the historical use of the land) as the re-
sult of flooding, as determined by the Secretary. 
(2) INCLUSIONS.—Land described in paragraph 
(1) shall include— 
(A) land that has been flooded; 
(B) land that has been rendered inaccessible 
due to flooding; and 
(C) a reasonable buffer strip adjoining the 
flooded land, as determined by the Secretary. 
(3) ADMINISTRATION.—The Secretary may estab-
lish— 
(A) reasonable minimum acreage levels for 
individual parcels of land for which owners may 
receive compensation under this section; and 
(B) the location and area of adjoining 
flooded land for which owners may receive com-
pensation under this section. 
(c) SIGN-UP.—The Secretary shall establish a sign-up 
program for eligible owners to apply for compensation from 
the Secretary under this section. 
(d) COMPENSATION PAYMENTS.— 
(1) IN GENERAL.—Subject to paragraphs (2) and 
(3), the rate of an annual compensation payment 
under this section shall be equal to 90 percent of the 
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average annual per acre rental payment rate (at the 
time of entry into the contract) for comparable crop 
or grazing land that has not been flooded and re-
mains in production in the county where the flooded 
land is located, as determined by the Secretary. 
(2) REDUCTION.—An annual compensation pay-
ment under this section shall be reduced by the 
amount of any conservation program rental payments 
or Federal agricultural commodity program pay-
ments received by the owner for the land during any 
crop year for which compensation is received under 
this section. 
(3) EXCLUSION.—During any year in which an 
owner receives compensation for flooded land under 
this section, the owner shall not be eligible to partici-
pate in or receive benefits for the flooded land 
under— 
(A) the Federal crop insurance program es-
tablished under the Federal Crop Insurance Act 
(7 U.S.C. 1501 et seq.); 
(B) the noninsured crop assistance program 
established under section 196 of the Federal Ag-
riculture Improvement and Reform Act of 1996 
(7 U.S.C. 7333); or 
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(C) any Federal agricultural crop disaster 
assistance program. 
(e) RELATIONSHIP
TO AGRICULTURAL COMMODITY 
PROGRAMS.—The Secretary, by regulation, shall provide 
for the preservation of cropland base, allotment history, and 
payment yields applicable to land described in subsection 
(a) that was rendered incapable of use for the production 
of an agricultural commodity or for grazing purposes as 
the result of flooding. 
(f) USE OF LAND.— 
(1) IN GENERAL.—An owner that receives com-
pensation under this section for flooded land shall 
take such actions as are necessary to not degrade any 
wildlife habitat on the land that has naturally devel-
oped as a result of the flooding. 
(2) RECREATIONAL
ACTIVITIES.—To encourage 
owners that receive compensation for flooded land to 
allow public access to and use of the land for rec-
reational activities, as determined by the Secretary, 
the Secretary may— 
(A) offer an eligible owner additional com-
pensation; and 
(B) provide compensation for additional 
acreage under this section. 
(g) FUNDING.— 
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(1) IN
GENERAL.—The Secretary shall use 
$6,000,000 of funds of the Commodity Credit Cor-
poration to carry out this section. 
(2) PRO-RATED PAYMENTS.—In a case in which 
the amount made available under paragraph (1) for 
a fiscal year is insufficient to compensate all eligible 
owners under this section, the Secretary shall pro-rate 
payments for that fiscal year on a per acre basis. 
SEC. 416. SUGAR BEET AND SUGAR CANE DISASTER ASSIST-
ANCE. 
(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 applica-
ble crop. 
(b) REQUIREMENT.—The Secretary shall make pay-
ments under subsection (a) 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. 
(c) HAWAII.—The Secretary shall use $3,000,000 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 
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