(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 pay-
ment under this section shall be equal to 90 percent 
of the average annual per acre rental payment rate 
(at the time of entry into the contract) for com-
parable crop or grazing land that has not been flood-
ed and remains in production in the county where 
the flooded land is located, as determined by the 
Secretary. 
(2) REDUCTION.—An annual compensation 
payment under this section shall be reduced by the 
amount of any conservation program rental pay-
ments or Federal agricultural commodity program 
payments 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 par-
ticipate in or receive benefits for the flooded land 
under—
(A) the Federal crop insurance program 
established under the Federal Crop Insurance 
Act (7 U.S.C. 1501 et seq.); 
(B) the noninsured crop assistance pro-
gram established under section 196 of the Fed-
eral Agriculture Improvement and Reform Act 
of 1996 (7 U.S.C. 7333); or 
(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 sub-
section (a) that was rendered incapable of use for the pro-
duction of an agricultural commodity or for grazing pur-
poses 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 
developed 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.— 
(1) IN
GENERAL.—The Secretary shall use 
$15,000,000 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. 107. REGULATIONS. 
(a) IN GENERAL.—The Secretary may promulgate 
such regulations as are necessary to implement this Act 
and the amendments made by this Act. 
(b) PROCEDURE.—The promulgation of the regula-
tions and administration of this Act and the amendments 
made by this Act 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. 
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 shall 
use the authority provided under section 808 of title 5, 
United States Code. 
TITLE 
II—NUTRITIONAL 
SUP-
PLEMENTAL 
ASSISTANCE 
AND 
AGRICULTURAL 
ECO-
NOMIC STIMULUS 
SEC. 201. REPLENISHMENT OF SECTION 32. 
(a) DEFINITION OF SPECIALTY CROP.—In this sec-
tion: 
(1) IN GENERAL.—The term ‘‘specialty crop’’ 
means any agricultural crop. 
(2) EXCEPTION.—The term ‘‘specialty crop’’ 
does not include— 
(A) wheat; 
(B) field grains; 
(C) oilseeds;