214 
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 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. 
(5) DEFINITIONS.—In this subsection: 
(A) DISASTER COUNTY.—The term ‘‘dis-
aster county’’ means— 
(i) a county included in the geo-
graphic area covered by a natural disaster 
declaration; and
215 
(ii) each county contiguous to a coun-
ty 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 De-
velopment Act (7 U.S.C. 1961(a)); 
(ii) a major disaster or emergency 
designated by the President between Janu-
ary 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 
included under (ii). 
(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 pay-
216 
ments to producers on farms that have incurred live-
stock losses between January 1, 2005 and February 
28, 2007, due to a disaster, as determined by the 
Secretary (including 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 es-
tablished 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 pro-
ducer shall elect to receive payments under this sub-
section for losses incurred in only one of such cal-
endar 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 30 percent of the 
market value of the applicable livestock on the day 
before the date of death of the livestock, as deter-
mined by the Secretary. 
(4) LIVESTOCK DEFINED.—In this subsection, 
the term ‘‘livestock’’ means an animal that—
217 
(A) is specified in clause (i) of section 
1416.203(a)(2) of title 7, Code of Federal Reg-
ulations (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 ‘‘dis-
aster county’’ means— 
(i) a county included in the geo-
graphic area covered by a natural disaster 
declaration; and 
(ii) each county contiguous to a coun-
ty 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 De-
velopment Act (7 U.S.C. 1961(a)); 
(ii) a major disaster or emergency 
designated by the President between Janu-
218 
ary 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 
included under (ii). 
SEC. 1003. EMERGENCY CONSERVATION PROGRAM. 
There is hereby appropriated to the Secretary of Ag-
riculture $20,000,000, to remain available until expended, 
to provide assistance under the Emergency Conservation 
Program under title IV of the Agriculture Credit Act of 
1978 (16 U.S.C. 2201 et seq.) for the cleanup and restora-
tion of farm and agricultural production lands. 
SEC. 1004. PAYMENT LIMITATIONS. 
(a) REDUCTION IN PAYMENTS TO REFLECT PAY-
MENTS FOR SAME OR SIMILAR LOSSES.—The amount of 
any payment for which a producer is eligible under sec-
tions 1001 and 1002 shall be reduced by any amount re-
ceived by the producer for the same loss or any similar 
loss under— 
(1) the Department of Defense, Emergency 
Supplemental Appropriations to Address Hurricanes
219 
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 Appropria-
tions Act for Defense, the Global War on Terror, 
and Hurricane 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 1001, 1002, and 1003. 
SEC. 1005. ADMINISTRATION. 
(a) REGULATIONS.—The Secretary of Agriculture 
may promulgate such regulations as are necessary to im-
plement sections 1001 and 1002. 
(b) PROCEDURE.—The promulgation of the imple-
menting regulations and the administration of sections 
1001 and 1002 shall be made without regard to— 
(1) the notice and comment provisions of sec-
tion 553 of title 5, United States Code; 
(2) the Statement of Policy of the Secretary of 
Agriculture effective July 24, 1971 (36 Fed. Reg.