(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-
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. 
(g) 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 
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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 
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-
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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— 
(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) ELECTION OF LOSSES.—If a producer in-
curred livestock losses in both calendar years 2005 
and 2006, the producer shall elect to receive pay-
ments under this subsection for losses incurred in ei-
ther calendar year 2005 or calendar year 2006, but 
not both calendar years. 
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(4) 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. 
(5) LIMITATION.—The Secretary shall ensure, 
to the maximum extent practicable, that no producer 
on a farm receives duplicative payments under this 
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. 
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(2) ELECTION OF LOSSES.—If a producer in-
curred livestock losses in both calendar years 2005 
and 2006, the producer shall elect to receive pay-
ments under this subsection for losses incurred in ei-
ther calendar year 2005 or calendar year 2006, but 
not both calendar years. 
(3) 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 
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 
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