II 
108TH CONGRESS 
2D SESSION 
H. R. 5212 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 7, 2004 
Received 
AN ACT 
Making emergency supplemental appropriations for the fiscal 
year ending September 30, 2005, for additional disaster 
assistance relating to storm damage, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2005, to provide emer-
gency supplemental appropriations for additional disaster 
assistance relating to storm damage, and for other pur-
poses, namely: 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
NATIONAL FOREST SYSTEM 
For an additional amount for ‘‘National Forest Sys-
tem,’’ $2,000,000, to remain available until expended, for 
emergency hurricane-related expenses: Provided, That 
Congress designates this amount as an emergency require-
ment for this specific purpose. 
CAPITAL IMPROVEMENTS AND MAINTENANCE 
For an additional amount for ‘‘Capital Improvements 
and Maintenance’’, $33,000,000, to remain available until 
expended, for emergency hurricane-related expenses: Pro-
vided, That Congress designates this amount as an emer-
gency requirement for this specific purpose. 
GENERAL PROVISIONS—DEPARTMENT OF AGRICULTURE 
AGRICULTURAL ASSISTANCE 
AGRICULTURAL HURRICANE ASSISTANCE 
SEC. 101. AGRICULTURAL DISASTER ASSISTANCE. 
(a) CROP DISASTER ASSISTANCE.— 
(1) DEFINITIONS.—In this subsection:
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(A) ADDITIONAL
COVERAGE.—The term 
‘‘additional coverage’’ has the meaning given 
the term in section 502(b) of the Federal Crop 
Insurance Act (7 U.S.C. 1502(b)). 
(B) INSURABLE
COMMODITY.—The term 
‘‘insurable commodity’’ means an agricultural 
commodity (excluding livestock) for which the 
producers on a farm are eligible to obtain a pol-
icy or plan of insurance under the Federal Crop 
Insurance Act (7 U.S.C. 1501 et seq.). 
(C) 
NONINSURABLE
COMMODITY.—The 
term ‘‘noninsurable commodity’’ means an agri-
cultural commodity for which the producers on 
a farm are eligible to obtain assistance under 
section 196 of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7333). 
(2) EMERGENCY FINANCIAL ASSISTANCE.—Not-
withstanding section 508(b)(7) of the Federal Crop 
Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary 
of Agriculture shall use such sums as are necessary 
of funds of the Commodity Credit Corporation to 
make emergency financial assistance authorized 
under this subsection available to producers on a 
farm that have incurred qualifying crop or quality 
losses for the 2003 or 2004 crop (as elected by a
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producer), but not both crops, due to damaging 
weather or related condition, as determined by the 
Secretary. 
(3) ADMINISTRATION.—The Secretary shall 
make assistance available under this subsection in 
the same manner as provided under section 815 of 
the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropria-
tions Act, 2001 (Public Law 106–387; 114 Stat. 
1549A–55), including using the same loss thresholds 
for the quantity and quality losses as were used in 
administering that section. 
(4) INELIGIBILITY
FOR
ASSISTANCE.—Except 
as provided in paragraph (5), the producers on a 
farm shall not be eligible for assistance under this 
subsection with respect to losses to an insurable 
commodity or noninsurable commodity if the pro-
ducers 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; and 
(B) in the case of a noninsurable com-
modity, did not file the required paperwork, and
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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 
(7 U.S.C. 7333) for the crop incurring the 
losses. 
(5) CONTRACT
WAIVER.—The Secretary may 
waive paragraph (4) 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; 
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). 
(6) EFFECT OF VIOLATION.—In the event of 
the violation of a contract under paragraph (5) by
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SEC. 102. In addition to amounts otherwise provided, 
up to $130,000,000, to remain available until expended, 
for the Emergency Watershed Protection Program and/ 
or the Emergency Conservation Program for emergency 
hurricane-related expenses including the provision of tech-
nical and financial assistance for improvements and clean- 
up: Provided, That Congress designates this amount as 
an emergency requirement for these purposes. Persons 
that received payments from section 32 of the Act of Au-
gust 24, 1935 with respect to 2004 hurricane losses are 
not eligible for these funds. 
DEPARTMENT OF COMMERCE 
NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
For an additional amount for ‘‘Operations, Research, 
and Facilities’’, $7,900,000, to remain available until ex-
pended: Provided, That Congress designates this amount 
as an emergency requirement for this specific purpose. 
PROCUREMENT, ACQUISITION AND CONSTRUCTION 
For an additional amount for ‘‘Procurement, Acquisi-
tion and Construction’’, $6,800,000, to remain available 
until expended: Provided, That Congress designates this 
amount as an emergency requirement for this specific pur-
pose.