(A) to file the required paperwork, and pay 
the administrative fee by the applicable State 
filing deadline, for those commodities under sec-
tion 196 of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7333); 
and 
(B) in the event of violation of the con-
tract, to repay to the Secretary any payment re-
ceived under this section. 
(d) PAYMENT LIMITATIONS.— 
(1) LIMIT ON AMOUNT OF ASSISTANCE.—As-
sistance provided under this section to the producers 
on a farm 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 estimated by the Secretary. 
(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 Agricultural Improvement 
and Reform Act of 1996 (7 U.S.C. 7333) that
the producers on the farm receive for losses to 
the same crop. 
(B) The value of the crop that was not lost 
(if any), as estimated by the Secretary. 
(e) CROP INSURANCE DEDUCTIBLES.—For the pur-
pose of determining crop insurance payments under this 
section, the Secretary shall consider Hurricane Wilma as 
having occurred during the 2005 crop year. 
SEC. 102. NURSERY CROPS AND TROPICAL FRUIT PRO-
DUCERS. 
(a) EMERGENCY FINANCIAL ASSISTANCE.—Notwith-
standing section 508(b)(7) of the Federal Crop Insurance 
Act (7 U.S.C. 1508(b)(7)), the Secretary shall use such 
sums as are necessary of funds of the Commodity Credit 
Corporation to make emergency financial assistance avail-
able to— 
(1) commercial ornamental nursery and fernery 
producers in a disaster county for eligible inventory 
losses due to hurricanes in calendar year 2005; and 
(2) tropical fruit producers in a disaster county 
who have suffered a loss of 35 percent or more rel-
ative to their expected production (as defined in sec-
tion 1480.3 of title 7, Code of Federal Regulations 
(or a successor regulation)) due to hurricanes in cal-
endar year 2005.
(b) ADMINISTRATION.— 
(1) DETERMINATION
OF
COMMERCIAL
OPER-
ATIONS.—For a nursery or fernery producer to be 
considered a commercial operation for purposes of 
subsection (a)(1) or (d)(1), the producer must be 
registered as nursery or fernery producer in the 
State in which the producer conducts business. 
(2) DETERMINATION
OF
ELIGIBLE
INVEN-
TORY.—For purposes of subsection (a)(1), eligible 
nursery and fernery inventory includes foliage, flori-
culture, and woody ornamental crops, including— 
(A) stock used for propagation; and 
(B) fruit or nut seedlings grown for sale as 
seed stock for commercial orchard operations 
growing fruit or nuts. 
(c) CALCULATION OF LOSSES AND PAYMENTS.— 
(1) NURSERY AND FERNERY PRODUCERS.— 
(A) IN GENERAL.—For purposes of sub-
section (a)(1)— 
(i) inventory losses for a nursery or 
fernery producer shall be determined on an 
individual-nursery or -fernery basis; and 
(ii) the Secretary shall not offset in-
ventory losses at 1 nursery or fernery loca-
tion by salvaged inventory at another nurs-
ery or fernery operated by the same pro-
ducer. 
(B) AMOUNT.—The amount of payment to 
a nursery or fernery producer under subsection 
(a)(1) shall be equal to the product obtained by 
multiplying (as determined by the Secretary)— 
(i) the difference between the pre-dis-
aster and post-disaster inventory value, as 
determined by the Secretary using the 
wholesale price list of the producer, less 
the maximum customer discount provided 
by the producer, and not to exceed the 
prices in the Department of Agriculture 
publication entitled ‘‘Eligible Plant List 
and Price Schedule’’; 
(ii) 25 percent; and 
(iii) the producer’s share of the loss. 
(2) 
TROPICAL
FRUIT
PRODUCERS.—The 
amount of a payment to a tropical fruit producer 
under subsection (a)(2) shall be equal to the product 
obtained by multiplying (as determined by the Sec-
retary)— 
(A) the number of acres affected; 
(B) the payment rate; and 
(C) the producer’s share of the crop.
(3) PAYMENT
LIMITATION.—The Secretary 
shall not impose any payment limitation on an as-
sistance payment made to a nursery, fernery, or 
tropical fruit producer under paragraph (1) or (2) of 
subsection (a). 
(d) DEBRIS-REMOVAL ASSISTANCE.— 
(1) AVAILABILITY OF ASSISTANCE.—The Sec-
retary shall use such sums as are necessary of funds 
of the Commodity Credit Corporation to make emer-
gency financial assistance available to commercial 
ornamental nursery and fernery producers in a dis-
aster county to help cover costs incurred for debris 
removal and associated cleanup due to hurricanes in 
calendar year 2005. 
(2) AMOUNT OF ASSISTANCE.— 
(A) IN GENERAL.—Assistance under this 
subsection may not exceed the actual costs in-
curred by the producer for debris removal and 
cleanup or $250 per acre, whichever is less. 
(B) NO
ADDITIONAL
PAYMENT
LIMITA-
TIONS.—Except as provided in subparagraph 
(A), the Secretary shall not impose any limita-
tion on the maximum amount of payments that 
a producer may receive under this subsection. 
(e) NONDISCRIMINATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), in carrying out this section, the Secretary 
shall not discriminate against or penalize producers 
that did not purchase crop insurance under the Fed-
eral Crop Insurance Act (7 U.S.C. 1501 et seq.) 
with respect to an insurable commodity or did not 
file the required paperwork, and pay the administra-
tive fee by the applicable State filing deadline, for 
assistance under section 196 of the Federal Agri-
culture Improvement and Reform Act of 1996 (7 
U.S.C. 7333) with respect to a noninsurable com-
modity. 
(2) PENALTY.—In the case of a producer de-
scribed in paragraph (1)— 
(A) payment rates under this section shall 
be reduced by 5 percent; and 
(B) the producer shall comply with sub-
section (f). 
(f) CONTRACT TO PROCURE CROP INSURANCE OR 
NAP.—In the case of a producer described in subsection 
(e)(1) who receives any assistance under this section, the 
producer shall be required to enter into a contract with 
the Secretary under which the producer agrees—