H. R. 4837—13
housing repair, made by the Rural Housing Service, as authorized
by 42 U.S.C. 1474, and of which $5,000,000 shall be for domestic
farm labor housing grants and contracts, as authorized by 42 U.S.C.
1486: Provided, That of the funds made available for domestic
farm labor housing grants, the Secretary may use up to $3,000,000
to provide grants authorized under 42 U.S.C. 5177a(a): Provided
further, That such grants and contracts under this heading shall
only be available for projects in communities affected by hurricanes
and tropical storms in calendar year 2003 or 2004: Provided further,
That the amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representa-
tives by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108–287.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 101. AGRICULTURAL DISASTER ASSISTANCE.
(a) CROP DISASTER ASSISTANCE.—
(1) DEFINITIONS.—In this subsection:
(A) ADDITIONAL COVERAGE.—The term ‘‘additional cov-
erage’’ has the meaning given the term in section 502(b)(1)
of the Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
(B) INSURABLE COMMODITY.—The term ‘‘insurable com-
modity’’ means an agricultural commodity (excluding live-
stock) for which the producers on a farm are eligible to
obtain a policy or plan of insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.).
(C) NONINSURABLE COMMODITY.—The term ‘‘noninsur-
able commodity’’ means an eligible crop for which the pro-
ducers on a farm are eligible to obtain assistance under
section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333).
(2) EMERGENCY FINANCIAL ASSISTANCE.—Notwithstanding
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 (other than pro-
ducers of cottonseed or sugar cane) that have incurred quali-
fying crop or quality losses for the 2003, 2004, or 2005 crop
(as elected by a producer), but limited to only one of the
crop years listed, due to damaging weather or related condition,
as determined by the Secretary: Provided, That qualifying crop
losses for the 2005 crop are limited to only those losses caused
by a hurricane or tropical storm of the 2004 hurricane season
in counties declared disaster areas by the President of the
United States: Provided further, That notwithstanding the crop
year election limitation in this paragraph, $53,000,000 shall
be provided to the Secretary of Agriculture, of which
$50,000,000 shall be for crop losses in the Commonwealth of
Virginia, and of which $3,000,000 shall be for fruit and vege-
table losses in the State of North Carolina: Provided further,
That these losses resulted from hurricanes, tropical storms,
and other weather related disasters that occurred during cal-
endar year 2003, to remain available until expended.
H. R. 4837—14
(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 Appropriations
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 com-
modity under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) for the crop incurring the losses;
(B) in the case of a noninsurable commodity, did not
file the required paperwork, and pay the administrative
fee by the applicable State filing deadline, for the noninsur-
able commodity 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;
(C) had adjusted gross incomes, as defined by section
1001D of the Food Security Act of 1985, of greater than
$2,500,000 in 2003; or
(D) were not in compliance with highly erodible land
conservation and wetland conservation provisions.
(5) CONTRACT WAIVER.—The Secretary may waive para-
graph (4) with respect to the producers on a farm if the pro-
ducers 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 Insur-
ance Act (7 U.S.C. 1501 et seq.) providing additional cov-
erage for the insurable commodity for each of the next
2 crops; and
(B) in the case of a noninsurable commodity, 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 a producer, the producer
shall reimburse the Secretary for the full amount of the assist-
ance provided to the producer under this subsection.
(7) PAYMENT LIMITATIONS.—
(A) LIMIT ON AMOUNT OF ASSISTANCE.—Assistance pro-
vided under this subsection to a producer for losses to
a crop, together with the amounts specified in subpara-
graph (B) 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.
(B) OTHER PAYMENTS.—In applying the limitation in
subparagraph (A), the Secretary shall include the following:
(i) Any crop insurance payment made under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
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or payment under section 196 of the Federal Agricul-
tural Improvement and Reform Act of 1996 (7 U.S.C.
7333) that the producer receives for losses to the same
crop.
(ii) The value of the crop that was not lost (if
any), as estimated by the Secretary.
(C) EFFECT OF FLORIDA DISASTER PROGRAMS.—Persons
that received payments from section 32 of the Act of August
24, 1935 with respect to 2004 hurricane crop losses are
not eligible for payments under this subsection.
(b) LIVESTOCK ASSISTANCE PROGRAM.—
(1) EMERGENCY FINANCIAL ASSISTANCE.—The Secretary of
Agriculture shall use such sums as are necessary of funds
of the Commodity Credit Corporation to make and administer
payments for livestock losses to producers for 2003 or 2004
losses (as elected by a producer), but not both, in a county
that has received an emergency designation by the President
or the Secretary after January 1, 2003, of which an amount
determined by the Secretary shall be made available for the
American Indian livestock program under section 806 of the
Agriculture, Rural Development, Food and Drug Administra-
tion, and Related Agencies Appropriations Act, 2001 (Public
Law 106–387; 114 Stat. 1549A–51).
(2) ADMINISTRATION.—The Secretary shall make assistance
available under this subsection in the same manner as provided
under section 806 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106–387; 114 Stat. 1549A–51).
(3) MITIGATION.—In determining the eligibility for or
amount of payments for which a producer is eligible under
the livestock assistance 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.
(c) TREE ASSISTANCE PROGRAM.—
(1) EMERGENCY ASSISTANCE.—The Secretary of Agriculture
shall use such sums as are necessary of the funds of the
Commodity Credit Corporation to provide assistance under the
tree assistance program established under sections 10201
through 10204 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8201 et seq.) to producers who suffered
tree losses during the period beginning on December 1, 2003,
and ending on December 31, 2004.
(2) ADDITIONAL
ASSISTANCE.—In addition to providing
assistance to eligible orchardists under the tree assistance pro-
gram, the Secretary shall use an additional $15,000,000 of
the funds of the Commodity Credit Corporation to provide
reimbursement under sections 10203 and 10204 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8203,
8204) to eligible forest land owners who produce periodic crops
of timber from trees for commercial purposes and who have
suffered tree losses during the period specified in paragraph
(1).
(3) EFFECT OF FLORIDA DISASTER PROGRAMS.—Persons that
received payments from section 32 of the Act of August 24,