1961), in which case, assistance under this 
paragraph may be provided to farm-related and 
non-farm-related small business concerns, sub-
ject to the other applicable requirements of this 
paragraph’’. 
(b) LIMITATION ON LOANS.—From funds otherwise 
appropriated for loans under section 7(b) of the Small 
Business Act (15 U.S.C. 636(b)), not more than 
$9,000,000 may be used during each of fiscal years 2005 
through 2008, to provide drought disaster loans to non- 
farm-related small business concerns in accordance with 
this section and the amendments made by this section. 
(c) PROMPT RESPONSE TO DISASTER REQUESTS.— 
Section 7(b)(2)(D) of the Small Business Act (15 U.S.C. 
636(b)(2)(D)) is amended in the second sentence by strik-
ing ‘‘Upon receipt of such certification, the Administration 
may’’ and inserting ‘‘Not later than 30 days after the date 
of receipt of such certification by a Governor of a State, 
the Administration shall respond in writing to that Gov-
ernor on its determination and the reasons therefore, and 
may’’. 
(d) RULEMAKING.—Not later than 45 days after the 
date of enactment of this Act, the Administrator of the 
Small Business Administration shall promulgate final
rules to carry out this section and the amendments made 
by this section. 
SEC. 105. ASSISTANCE TO FISHERIES FOR RED TIDE OUT-
BREAK IN NEW ENGLAND. 
(a) IN GENERAL.—Out of any funds in the Treasury 
not otherwise appropriated, the Secretary of the Treasury 
shall transfer to the Secretary of Commerce to provide as-
sistance to fisheries suffering due to the red tide outbreak 
in New England— 
(1) on October 1, 2005, $15,000,000; and 
(2) on October 1, 2006, $10,000,000. 
(b) RECEIPT AND ACCEPTANCE.—The Secretary of 
Commerce shall be entitled to receive, shall accept, and 
shall use to carry out this section the funds transferred 
under subsection (a), without further appropriation. 
(c) AVAILABILITY
OF FUNDS.—Funds transferred 
under subsection (a) shall remain available until expended. 
SEC. 106. FLOODED CROP AND GRAZING LAND. 
(a) IN GENERAL.—The Secretary shall compensate 
eligible owners of flooded crop and grazing land in— 
(1) the Devils Lake basin; and 
(2) the McHugh, Lake Laretta, and Rose Lake 
closed drainage areas of the State of North Dakota. 
(b) ELIGIBILITY.—
(1) IN
GENERAL.—To be eligible to receive 
compensation under this section, an owner shall own 
land described in subsection (a) that, during the 2 
crop years preceding receipt of compensation, was 
rendered incapable of use for the production of an 
agricultural commodity or for grazing purposes (in 
a manner consistent with the historical use of the 
land) as the result of flooding, as determined by the 
Secretary. 
(2) INCLUSIONS.—Land described in paragraph 
(1) shall include— 
(A) land that has been flooded; 
(B) land that has been rendered inacces-
sible due to flooding; and 
(C) a reasonable buffer strip adjoining the 
flooded land, as determined by the Secretary. 
(3) ADMINISTRATION.—The Secretary may es-
tablish— 
(A) reasonable minimum acreage levels for 
individual parcels of land for which owners may 
receive compensation under this section; and 
(B) the location and area of adjoining 
flooded land for which owners may receive com-
pensation under this section.