I 
109TH CONGRESS 
2D SESSION 
H. R. 5099 
To provide disaster assistance to agricultural producers for crop and livestock 
losses, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 5, 2006 
Mr. PETERSON of Minnesota (for himself, Mr. BONNER, Mr. BERRY, Mr. 
ROGERS of Alabama, Mr. ROSS, Mr. FOLEY, Mr. POMEROY, Mr. EVER-
ETT, Mr. BOYD, Mr. ALEXANDER, Mr. CUELLAR, Mr. KENNEDY of Min-
nesota, Mr. MELANCON, Mrs. EMERSON, Mr. HINOJOSA, Mr. PICKERING, 
Ms. KAPTUR, Mr. BOUSTANY, Mr. SCOTT of Georgia, Mr. HULSHOF, Mr. 
MARSHALL, Mr. JINDAL, Ms. HERSETH, Mr. PORTER, Mr. SKELTON, 
and Mr. BAKER) introduced the following bill; which was referred to the 
Committee on Agriculture, and in addition to the Committees on Trans-
portation and Infrastructure, Armed Services, Budget, and Resources, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide disaster assistance to agricultural producers for 
crop and livestock losses, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Emergency Agricultural Disaster Assistance Act of 
2006’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—AGRICULTURAL PRODUCTION LOSSES 
Sec. 101. Crop disaster assistance. 
Sec. 102. Livestock assistance. 
Sec. 103. Flooded crop and grazing land. 
Sec. 104. Sugarcane and sugar beet disaster assistance. 
Sec. 105. Specialty crops and nursery crops. 
Sec. 106. Dairy assistance. 
Sec. 107. Cottonseed. 
Sec. 108. Reduction in payments. 
TITLE II—SUPPLEMENTAL NUTRITION AND AGRICULTURAL 
ECONOMIC DISASTER ASSISTANCE 
Sec. 201. Replenishment of Section 32. 
Sec. 202. Supplemental economic loss payments. 
Sec. 203. Reduction in payments. 
TITLE III—FORESTRY 
Sec. 301. Tree assistance program. 
TITLE IV—CONSERVATION 
Sec. 401. Natural Resources Conservation Service. 
Sec. 402. Emergency watershed protection program. 
Sec. 403. Emergency conservation program. 
TITLE V—FARM SERVICE AGENCY 
Sec. 501. Funding for additional personnel. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Authority to provide immunizations. 
Sec. 602. Waiver of certain provisions. 
Sec. 603. Funding. 
Sec. 604. Regulations. 
TITLE VII—EMERGENCY DESIGNATION 
Sec. 701. Emergency designation. 
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TITLE VIII—DROUGHT EMERGENCY ASSISTANCE 
Sec. 801. Corps of Engineers. 
Sec. 802. Bureau of Reclamation. 
Sec. 803. Emergency designation. 
SEC. 2. DEFINITIONS. 
In this title: 
(1) ADDITIONAL COVERAGE.—The term ‘‘addi-
tional coverage’’ has the meaning given the term in 
section 502(b)(1) of the Federal Crop Insurance Act 
(7 U.S.C. 1502(b)(1)). 
(2) DISASTER
COUNTY.—The term ‘‘disaster 
county’’ means— 
(A) a county included in the geographic 
area covered by a natural disaster declaration; 
and 
(B) each county contiguous to a county de-
scribed in subparagraph (A). 
(3) HURRICANE-AFFECTED COUNTY.—The term 
‘‘hurricane-affected county’’ means— 
(A) a county included in the geographic 
area covered by a natural disaster declaration 
related to Hurricane Katrina, Hurricane Rita, 
Hurricane Wilma, or a related condition; and 
(B) each county contiguous to a county de-
scribed in subparagraph (A). 
(4) INSURABLE COMMODITY.—The term ‘‘insur-
able commodity’’ means an agricultural commodity 
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(excluding livestock) for which the producers on a 
farm are eligible to obtain a policy or plan of insur-
ance under the Federal Crop Insurance Act (7 
U.S.C. 1501 et seq.). 
(5) LIVESTOCK.—The term ‘‘livestock’’ in-
cludes— 
(A) cattle (including dairy cattle); 
(B) bison; 
(C) sheep; 
(D) swine; and 
(E) other livestock, as determined by the 
Secretary. 
(6) NATURAL
DISASTER
DECLARATION.—The 
term ‘‘natural disaster declaration’’ means— 
(A) a natural disaster declared by the Sec-
retary— 
(i) during calendar year 2005 under 
section 321(a) of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 
1961(a)); or 
(ii) during calendar year 2006 under 
that section, but for which a request was 
pending as of the date of enactment of this 
Act; or 
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(B) a major disaster or emergency des-
ignated by the President— 
(i) during calendar year 2005 under 
the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 
5121 et seq.); or 
(ii) during calendar year 2006 under 
that Act, but for which a request was 
pending as of the date of enactment of this 
Act. 
(7) 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). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
TITLE I—AGRICULTURAL 
PRODUCTION LOSSES 
SEC. 101. CROP DISASTER ASSISTANCE. 
(a) IN GENERAL.—The Secretary shall use such 
sums as are necessary of funds of the Commodity Credit 
Corporation to make emergency financial assistance au-
thorized under this section available to producers on a 
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farm that have incurred qualifying losses described in sub-
section (c). 
(b) ADMINISTRATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall make assistance avail-
able under this section in the same manner as pro-
vided under section 815 of the Agriculture, Rural 
Development, Food and Drug Administration and 
Related Agencies Appropriations Act, 2001 (Public 
Law 106–387; 114 Stat. 1549A–55), including 
using the same loss thresholds for quantity and eco-
nomic losses as were used in administering that sec-
tion, except that the payment rate shall be 50 per-
cent 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 (c)(2), the loss thresh-
olds for quality loss for the crop shall be determined 
under subsection (d). 
(c) QUALIFYING LOSSES.—Assistance under this sec-
tion shall be made available to producers on farms, other 
than producers of sugar cane and sugar beets, that in-
curred qualifying quantity or quality losses for— 
(1) the 2005 crop due to damaging weather or 
any related condition (including losses due to crop 
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diseases, insects, and delayed harvest), as deter-
mined by the Secretary; and 
(2) the 2006 crop due to flooding in California 
and Hawaii that occurred prior to the date of enact-
ment of this Act and for which a petition for a dis-
aster designation has been filed with the Secretary 
not later than that date. 
(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 
(c)(2) shall be equal to the amount obtained by mul-
tiplying— 
(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 
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 
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(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 to determine quantity losses for 
the crop of the commodity under subsection 
(c)(1). 
(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 (c)(2), the amount obtained 
by multiplying the per unit loss determined under 
paragraph (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. 
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(5) MARKETING CONTRACTS.—In the case of 
any production of a commodity that is sold pursuant 
to 1 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 1 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-
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-
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surance coverage under the Federal Crop Insur-
ance Act (7 U.S.C. 1501 et seq.). 
(8) ELIGIBLE
PRODUCTION.—The Secretary 
shall carry out this subsection in a fair and equitable 
manner for all eligible production, including the pro-
duction of fruits and vegetables, other specialty 
crops, and field crops. 
(e) ELIGIBILITY FOR ASSISTANCE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the producers on a farm shall not be eli-
gible for assistance under this section with respect 
to losses to an insurable commodity or noninsurable 
commodity if the producers on the farm— 
(A) in the case of an insurable commodity, 
did not obtain a policy or plan of insurance for 
the insurable commodity under the Federal 
Crop Insurance Act (7 U.S.C. 1501 et seq.) for 
the crop incurring the losses; 
(B) in the case of a noninsurable com-
modity, did not file the required paperwork, and 
pay the administrative fee by the applicable 
State filing deadline, for the noninsurable com-
modity under section 196 of the Federal Agri-
culture Improvement and Reform Act of 1996 
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(7 U.S.C. 7333) for the crop incurring the 
losses; 
(C) had average adjusted gross income (as 
defined by section 1001D(a) of the Food Secu-
rity Act of 1985 (7 U.S.C. 1308–3a(a)), of 
greater than $2,500,000 in 2004; or 
(D) were not in compliance with highly 
erodible land conservation and wetland con-
servation provisions. 
(2) CONTRACT
WAIVER.—The Secretary may 
waive paragraph (1) with respect to the producers 
on a farm if the producers enter into a contract with 
the Secretary under which the producers agree— 
(A) in the case of an insurable commodity, 
to obtain a policy or plan of insurance under 
the Federal Crop Insurance Act (7 U.S.C. 1501 
et seq.) providing additional coverage for the in-
surable commodity for each of the next 2 crops, 
at a coverage level that provides— 
(i) not less than 65 percent of the ac-
tual production history for the crop pro-
duced on the farm; and 
(ii) 100 percent of the expected mar-
ket price or a comparable coverage (as de-
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termined by the Federal Crop Insurance 
Corporation); and 
(B) in the case of a noninsurable com-
modity, to file the required paperwork and pay 
the administrative fee by the applicable State 
filing deadline, for the noninsurable commodity 
for each of the next 2 crops under section 196 
of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7333). 
(3) EFFECT OF VIOLATION.—In the event of 
the violation of a contract under paragraph (2) by 
a producer, the producer shall reimburse the Sec-
retary for the full amount of the assistance provided 
to the producer under this section. 
(f) TIMING.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary 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 application 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 
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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. 
SEC. 102. LIVESTOCK ASSISTANCE. 
(a) LIVESTOCK COMPENSATION PROGRAM.— 
(1) USE OF COMMODITY CREDIT CORPORATION 
FUNDS.—Effective beginning on the date of enact-
ment of this Act, the Secretary shall use funds of 
the Commodity Credit Corporation to carry out the 
2002 Livestock Compensation Program announced 
by the Secretary on October 10, 2002 (67 Fed. Reg. 
63070), to provide compensation for livestock losses 
during calendar years 2005 and 2006 for losses that 
occurred prior to the date of enactment of this Act 
(including wildfire disaster losses in the State of 
Texas and other States) due to a disaster, as deter-
mined by the Secretary, except that the payment 
rate shall be 75 percent of the payment rate estab-
lished for the 2002 Livestock Compensation Pro-
gram. 
(2) ELIGIBLE
APPLICANTS.—In carrying out 
the program described in paragraph (1), the Sec-
retary shall provide assistance to any applicant 
that— 
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(A)(i) conducts a livestock operation that 
is located in a disaster county, including any 
applicant conducting a livestock operation with 
eligible livestock (within the meaning of the 
livestock assistance program under section 
101(b) of division B of Public Law 108–324 
(118 Stat. 1234)); or 
(ii) produces an animal described in sec-
tion 10806(a)(1) of the Farm Security and 
Rural Investment Act of 2002 (21 U.S.C. 
321d(a)(1)); and 
(B) 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 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. 
(4) LIMITATION.—The Secretary shall ensure, 
to the maximum extent practicable, that no producer 
on a farm receives duplicative payments under this 
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subsection and another Federal program with re-
spect 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 calendar years 2005 and 2006 
for losses that occurred prior to the date of enact-
ment of this Act (including wildfire disaster losses in 
the State of Texas and other States) due to a dis-
aster, as determined by the Secretary, including 
losses due to hurricanes, floods, anthrax, and 
wildfires. 
(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 
market value of the applicable livestock on the day 
before the date of death of the livestock, as deter-
mined by the Secretary. 
(c) LIVESTOCK INDEMNITY PROGRAM
FOR CON-
TRACT GROWERS.— 
(1) IN GENERAL.—Subject to subsection (d), 
the Secretary shall use funds of the Commodity 
Credit Corporation to establish a program to assist 
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poultry producers in hurricane-affected counties that 
suffered income losses. 
(2) TERMS
AND
CONDITIONS.—The program 
established under paragraph (1) shall contain simi-
lar terms and conditions as the terms and conditions 
used for the livestock indemnity program for con-
tract growers described in subpart E of chapter XIV 
of title 7, Code of Federal Regulations (as in effect 
on January 1, 2002). 
(d) EWE LAMB REPLACEMENT AND RETENTION.— 
(1) IN
GENERAL.—The Secretary shall use 
$15,000,000 of funds of the Commodity Credit Cor-
poration to make payments under the Ewe Lamb 
Replacement and Retention Payment Program 
under part 784 of title 7, Code of Federal Regula-
tions (or a successor regulation) for each qualifying 
ewe lamb retained or purchased during the period 
beginning on January 1, 2006, and ending on De-
cember 31, 2006. 
(2) INELIGIBILITY FOR OTHER ASSISTANCE.—A 
producer that receives assistance under this sub-
section shall not be eligible to receive assistance 
under subsection (a). 
(e) 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. 103. FLOODED CROP AND GRAZING LAND. 
(a) IN GENERAL.—The Secretary shall compensate 
eligible owners of flooded crop and grazing land in— 
(1) the Devils Lake basin; and 
(2) the McHugh, Lake Laretta, and Rose Lake 
closed drainage areas of the State of North Dakota. 
(b) ELIGIBILITY.— 
(1) IN
GENERAL.—To be eligible to receive 
compensation 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 commodity or for grazing purposes (in 
a manner consistent with the historical use of the 
land) as the result 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 inacces-
sible due to flooding; and 
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