233
(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 appropriate 
State committee of the Farm Service Agency. 
(7) QUALITY ADJUSTMENTS AND DISCOUNTS.—
The appropriate State committee of the Farm Service 
Agency shall identify the appropriate quality adjust-
ment and discount factors to be considered in car-
rying 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 insur-
ance coverage under the Federal Crop Insurance 
Act (7 U.S.C. 1501 et seq.). 
(8) ELIGIBLE
PRODUCTION.—The Secretary of 
Agriculture shall carry out this subsection in a fair 
and equitable manner for all eligible production, in-
cluding the production of fruits and vegetables, other 
specialty crops, and field crops. 
(e) PAYMENT LIMITATIONS.—
234
(1) LIMIT ON AMOUNT OF ASSISTANCE.—Assist-
ance provided under this section to a producer for 
losses to a crop, together with the amounts specified 
in paragraph (2) applicable to the same crop, may 
not exceed 95 percent of what the value of the crop 
would have been in the absence of the losses, as esti-
mated by the Secretary of Agriculture. 
(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 Agriculture Improvement and Reform 
Act of 1996 (7 U.S.C. 7333) that the producer 
receives for losses to the same crop. 
(B) The value of the crop that was not lost 
(if any), as estimated by the Secretary. 
(f) ELIGIBILITY REQUIREMENTS AND LIMITATIONS.—
The producers on a farm shall not be eligible for assistance 
under this section with respect to losses to an insurable com-
modity or noninsurable commodity if the producers on the 
farm—
(1) in the case of an insurable commodity, did 
not obtain a policy or plan of insurance for the in-
235
surable commodity under the Federal Crop Insurance 
Act (7 U.S.C. 1501 et seq.) for the crop incurring the 
losses; 
(2) in the case of a noninsurable commodity, did 
not file the required paperwork, and pay the adminis-
trative fee by the applicable State filing deadline, for 
the noninsurable commodity under section 196 of the 
Federal Agriculture Improvement and Reform Act of 
1996 (7 U.S.C. 7333) for the crop incurring the 
losses; or 
(3) were not in compliance with highly erodible 
land conservation and wetland conservation provi-
sions. 
(g) TIMING.—
(1) IN GENERAL.—Subject to paragraph (2), the 
Secretary of Agriculture shall make payments to pro-
ducers 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 
a rate equal to the current (as of the sign-up deadline
236
established by the Secretary) market yield on out-
standing, marketable obligations of the United States 
with maturities of 30 years. 
(h) DEFINITIONS.—In this section: 
(1) INSURABLE COMMODITY.—The term ‘‘insur-
able commodity’’ means an agricultural commodity 
(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.). 
(2) 
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 Im-
provement and Reform Act of 1996 (7 U.S.C. 7333). 
SEC. 9002. LIVESTOCK ASSISTANCE. 
(a) LIVESTOCK COMPENSATION PROGRAM.—
(1) AVAILABILITY
OF
ASSISTANCE.—There are 
hereby appropriated to the Secretary of Agriculture 
such sums as are necessary, to remain available until 
expended, to carry out the livestock compensation pro-
gram established under subpart B of part 1416 of 
title 7, Code of Federal Regulations, as announced by 
the Secretary on February 12, 2007 (72 Fed. Reg. 
6443), to provide compensation for livestock losses be-
237
tween January 1, 2005 and February 28, 2007, due 
to a disaster, as determined by the Secretary (includ-
ing losses due to blizzards that started in 2006 and 
continued into January 2007). However, the payment 
rate for compensation under this subsection shall be 
61 percent of the payment rate otherwise applicable 
under 
such 
program. 
In 
addition, 
section 
1416.102(b)(2)(ii) of title 7, Code of Federal Regula-
tions (72 Fed. Reg. 6444) shall not apply. 
(2) ELIGIBLE APPLICANTS.—In carrying out the 
program described in paragraph (1), the Secretary 
shall provide assistance to any applicant that—
(A) conducts a livestock operation that is lo-
cated in a disaster county with eligible livestock 
specified in paragraph (1) of section 1416.102(a) 
of title 7, Code of Federal Regulations (72 Fed. 
Reg. 6444), an animal described in section 
10806(a)(1) of the Farm Security and Rural In-
vestment Act of 2002 (21 U.S.C. 321d(a)(1)), or 
other animals designated by the Secretary as 
livestock for purposes of this subsection; and 
(B) meets the requirements of paragraphs 
(3) and (4) of section 1416.102(a) of title 7, Code 
of Federal Regulations, and all other eligibility
238
requirements established by the Secretary for the 
program. 
(3) ELECTION OF LOSSES.—
(A) If a producer incurred eligible livestock 
losses in more than one of the 2005, 2006, or 
2007 calendar years, the producer shall elect to 
receive payments under this subsection for losses 
incurred in only one of such calendar years, and 
such losses must have been incurred in a county 
declared or designated as a disaster county in 
that same calendar year. 
(B) Producers may elect to receive com-
pensation for losses in the calendar year 2007 
grazing season that are attributable to wildfires 
occurring during the applicable period, as deter-
mined by the Secretary. 
(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 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. 
(5) DEFINITIONS.—In this subsection:
239
(A) DISASTER COUNTY.—The term ‘‘disaster 
county’’ means—
(i) a county included in the geographic 
area covered by a natural disaster declara-
tion; and 
(ii) each county contiguous to a county 
described in clause (i). 
(B) NATURAL
DISASTER
DECLARATION.—
The 
term 
‘‘natural 
disaster 
declaration’’ 
means—
(i) a natural disaster declared by the 
Secretary between January 1, 2005 and 
February 28, 2007, under section 321(a) of 
the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 1961(a)); 
(ii) a major disaster or emergency des-
ignated by the President between January 
1, 2005 and February 28, 2007, under the 
Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 
et seq.); or 
(iii) a determination of a Farm Serv-
ice Agency Administrator’s Physical Loss 
Notice if such notice applies to a county in-
cluded under (ii).
240
(b) LIVESTOCK INDEMNITY PAYMENTS.—
(1) AVAILABILITY
OF
ASSISTANCE.—There are 
hereby appropriated to the Secretary of Agriculture 
such sums as are necessary, to remain available until 
expended, to make livestock indemnity payments to 
producers on farms that have incurred livestock losses 
between January 1, 2005 and February 28, 2007, due 
to a disaster, as determined by the Secretary (includ-
ing losses due to blizzards that started in 2006 and 
continued into January 2007) in a disaster county. 
To be eligible for assistance, applicants must meet all 
eligibility requirements established by the Secretary 
for the program. 
(2) ELECTION OF LOSSES.—If a producer in-
curred eligible livestock losses in more than one of the 
2005, 2006, or 2007 calendar years, the producer 
shall elect to receive payments under this subsection 
for losses incurred in only one of such calendar years. 
The producer may not receive payments under this 
subsection for more than one calendar year. 
(3) PAYMENT RATES.—Indemnity payments to a 
producer on a farm under paragraph (1) shall be 
made at a rate of not less than 26 percent of the mar-
ket value of the applicable livestock on the day before
241
the date of death of the livestock, as determined by the 
Secretary. 
(4) LIVESTOCK DEFINED.—In this subsection, the 
term ‘‘livestock’’ means an animal that—
(A) is specified in clause (i) of section 
1416.203(a)(2) of title 7, Code of Federal Regu-
lations (72 Fed. Reg. 6445), or is designated by 
the Secretary as livestock for purposes of this 
subsection; and 
(B) meets the requirements of clauses (iii) 
and (iv) of such section. 
(5) DEFINITIONS.—In this subsection: 
(A) DISASTER COUNTY.—The term ‘‘disaster 
county’’ means—
(i) a county included in the geographic 
area covered by a natural disaster declara-
tion; and 
(ii) each county contiguous to a county 
described in clause (i). 
(B) NATURAL
DISASTER
DECLARATION.—
The 
term 
‘‘natural 
disaster 
declaration’’ 
means—
(i) a natural disaster declared by the 
Secretary between January 1, 2005 and 
February 28, 2007, under section 321(a) of
242
the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 1961(a)); 
(ii) a major disaster or emergency des-
ignated by the President between January 
1, 2005 and February 28, 2007, under the 
Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 
et seq.); or 
(iii) a determination of a Farm Serv-
ice Agency Administrator’s Physical Loss 
Notice if such notice applies to a county in-
cluded under (ii). 
SEC. 9003. EMERGENCY CONSERVATION PROGRAM. 
There is hereby appropriated to the Secretary of Agri-
culture $16,000,000, to remain available until expended, to 
provide assistance under the Emergency Conservation Pro-
gram under title IV of the Agriculture Credit Act of 1978 
(16 U.S.C. 2201 et seq.) for the cleanup and restoration 
of farm and agricultural production lands. 
SEC. 9004. PAYMENT LIMITATIONS. 
(a) REDUCTION IN PAYMENTS TO REFLECT PAYMENTS 
FOR SAME OR SIMILAR LOSSES.—The amount of any pay-
ment for which a producer is eligible under sections 9001 
and 9002 shall be reduced by any amount received by the 
producer for the same loss or any similar loss under—
243
(1) the Department of Defense, Emergency Sup-
plemental Appropriations to Address Hurricanes in 
the Gulf of Mexico, and Pandemic Influenza Act, 
2006 (Public Law 109–148; 119 Stat. 2680); 
(2) an agricultural disaster assistance provision 
contained in the announcement of the Secretary on 
January 26, 2006 or August 29, 2006; or 
(3) the Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Hur-
ricane Recovery, 2006 (Public Law 109–234; 120 
Stat. 418). 
(b) ADJUSTED GROSS INCOME LIMITATION.—Section 
1001D of the Food Security Act of 1985 (7 U.S.C. 1308–
3a) shall apply with respect to assistance provided under 
sections 9001, 9002, and 9003. 
SEC. 9005. ADMINISTRATION. 
(a) REGULATIONS.—The Secretary of Agriculture may 
promulgate such regulations as are necessary to implement 
sections 9001 and 9002. 
(b) PROCEDURE.—The promulgation of the imple-
menting regulations and the administration of sections 
9001 and 9002 shall be made without regard to—
(1) the notice and comment provisions of section 
553 of title 5, United States Code;
244
(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 of Ag-
riculture shall use the authority provided under section 808 
of title 5, United States Code. 
(d) USE OF COMMODITY CREDIT CORPORATION; LIMI-
TATION.—In implementing sections 9001 and 9002, the Sec-
retary of Agriculture may use the facilities, services, and 
authorities of the Commodity Credit Corporation. The Cor-
poration shall not make any expenditures to carry out sec-
tions 9001 and 9002 unless funds have been specifically ap-
propriated for such purpose. 
SEC. 9006. MILK INCOME LOSS CONTRACT PROGRAM. 
(a) Section 1502(c)(3) of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 7982(c)(3)) is amended—
(1) in subparagraph (A), by adding ‘‘and’’ at the 
end;
245
(2) in subparagraph (B), by striking ‘‘August’’ 
and all that follows through the end and inserting 
‘‘September 30, 2007, 34 percent.’’; and 
(3) by striking subparagraph (C). 
(b) Section 10002 of this Act shall not apply to this 
section except with respect to fiscal years 2007 and 2008. 
SEC. 9007. DAIRY ASSISTANCE. 
There is hereby appropriated $16,000,000 to make 
payments to dairy producers for dairy production losses in 
disaster counties, as defined in section 9002 of this title, 
to remain available until expended. 
SEC. 9008. NONINSURED CROP ASSISTANCE PROGRAM. 
For states in which there is a shortage of claims adjus-
tors, as determined by the Secretary, the Secretary shall 
permit the use of one claims adjustor certified by the Sec-
retary in carrying out 7 CFR 1437.401. 
SEC. 9009. EMERGENCY GRANTS TO ASSIST LOW-INCOME 
MIGRANT AND SEASONAL FARMWORKERS. 
There is hereby appropriated $16,000,000 to carry out 
section 2281 of the Food, Agriculture, Conservation and 
Trade Act of 1990 (42 U.S.C. 5177a), to remain available 
until expended.
246
SEC. 9010. CONSERVATION SECURITY PROGRAM. 
Section 20115 of Public Law 110–5 is amended by 
striking ‘‘section 726’’ and inserting in lieu thereof ‘‘section 
726; section 741’’. 
SEC. 9011. ADMINISTRATIVE EXPENSES. 
There is hereby appropriated $22,000,000 for the 
‘‘Farm Service Agency, Salaries and Expenses’’, to remain 
available until September 30, 2008. 
SEC. 9012. CONTRACT WAIVER. 
In carrying out crop disaster and livestock assistance 
in this title, the Secretary shall require forage producers 
to have participated in a crop insurance pilot program or 
the Non-Insured Crop Disaster Assistance Program during 
the crop year for which compensation is received. 
TITLE X—GENERAL PROVISIONS 
SEC. 10001. No part of any appropriation contained 
in this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 10002. Amounts in this Act (other than in titles 
VI and VIII) are designated as emergency requirements and 
necessary to meet emergency needs pursuant to subsections 
(a) and (b) of section 204 of S. Con. Res. 21 (110th Con-
247
gress), the concurrent resolution on the budget for fiscal year 
2008. 
Attest:
Clerk.