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tained from the 5 most recent years of yield data pro-
vided by the National Agriculture Statistics Service
obtained from data after dropping the highest and the
lowest yields.
‘‘(10) NONINSURABLE
COMMODITY.—The term
‘noninsurable commodity’ means a crop for which the
eligible producers on a farm are eligible to obtain as-
sistance under the noninsured crop assistance pro-
gram.
‘‘(11) NONINSURED
CROP
ASSISTANCE
PRO-
GRAM.—The term ‘noninsured crop assistance pro-
gram’ means the program carried out under section
196 of the Federal Agriculture Improvement and Re-
form Act of 1996 (7 U.S.C. 7333).
‘‘(12) QUALIFYING NATURAL DISASTER DECLARA-
TION.—The term ‘qualifying natural disaster declara-
tion’ means a natural disaster declared by the Sec-
retary for production losses under section 321(a) of
the Consolidated Farm and Rural Development Act
(7 U.S.C. 1961(a)).
‘‘(13) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘(14) STATE.—The term ‘State’ means—
‘‘(A) a State;
‘‘(B) the District of Columbia;
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‘‘(C) the Commonwealth of Puerto Rico; and
‘‘(D) any other territory or possession of the
United States.
‘‘(15) TRUST
FUND.—The term ‘Trust Fund’
means the Agriculture Disaster Relief Trust Fund es-
tablished under section 902.
‘‘(16) UNITED
STATES.—The term ‘United
States’ when used in a geographical sense, means all
of the States.
‘‘(b) SUPPLEMENTAL
REVENUE
ASSISTANCE
PAY-
MENTS.—
‘‘(1) IN GENERAL.—The Secretary shall use such
sums as are necessary from the Trust Fund to make
crop disaster assistance payments to eligible pro-
ducers on farms in disaster counties that have in-
curred crop production losses or crop quality losses, or
both, during the crop year.
‘‘(2) AMOUNT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall provide crop dis-
aster assistance payments under this section to
an eligible producer on a farm in an amount
equal to 52 percent of the difference between—
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‘‘(i) the disaster assistance program
guarantee, as described in paragraph (3);
and
‘‘(ii) the total farm revenue for a farm,
as described in paragraph (4).
‘‘(B) LIMITATION.—The disaster assistance
program guarantee for a crop used to calculate
the payments for a farm under subparagraph
(A)(i) may not be greater than 90 percent of the
sum of the expected revenue, as described in
paragraph (5) for each of the crops on a farm,
as determined by the Secretary.
‘‘(3) SUPPLEMENTAL REVENUE ASSISTANCE PRO-
GRAM GUARANTEE.—
‘‘(A) IN
GENERAL.—Except as otherwise
provided in this paragraph, the supplemental as-
sistance program guarantee shall be the sum ob-
tained by adding—
‘‘(i) for each insurable commodity on
the 
farm, 
the 
product 
obtained 
by
multiplying—
‘‘(I) the greatest of—
‘‘(aa) the actual production
history yield;
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‘‘(bb) 90 percent of the mov-
ing 5-year Olympic average coun-
ty yield; and
‘‘(cc) 
the 
counter-cyclical
program payment yield for each
crop;
‘‘(II) the percentage of the crop
insurance yield guarantee;
‘‘(III) the percentage of crop in-
surance price elected by the eligible
producer;
‘‘(IV) the crop insurance price;
and
‘‘(V) 115 percent; and
‘‘(ii) for each noninsurable commodity
on a farm, the product obtained by
multiplying—
‘‘(I) the weighted noninsured crop
assistance program yield guarantee;
‘‘(II) except as provided in sub-
paragraph (B), 100 percent of the non-
insured crop assistance program estab-
lished price; and
‘‘(III) 115 percent.
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‘‘(B) SUPPLEMENTAL BUY-UP NONINSURED
ASSISTANCE PROGRAM.—Beginning on the date
that the Secretary makes available supplemental
buy-up coverage under the noninsured assistance
program in accordance with subsection (h), the
percentage described in subclause (II) of sub-
paragraph (A)(ii) shall be equal to the percent-
age of the noninsured assistance program price
guarantee elected by the producer.
‘‘(C) 
ADJUSTMENT
INSURANCE
GUAR-
ANTEE.—Notwithstanding subparagraph (A), in
the case of an insurable commodity for which a
plan of insurance provides for an adjustment in
the guarantee, such as in the case of prevented
planting, the adjusted insurance guarantee shall
be the basis for determining the disaster assist-
ance program guarantee for the insurable com-
modity.
‘‘(D) ADJUSTED ASSISTANCE LEVEL.—Not-
withstanding subparagraph (A), in the case of a
noninsurable commodity for which the non-
insured crop assistance program provides for an
adjustment in the level of assistance, such as in
the case of prevented harvesting, the adjusted as-
sistance level shall be the basis for determining
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the disaster assistance program guarantee for the
noninsurable commodity.
‘‘(E) EQUITABLE
TREATMENT
FOR
NON-
YIELD BASED POLICIES.—The Secretary shall es-
tablish equitable treatment for non-yield based
policies and plans of insurance, such as the Ad-
justed Gross Revenue Lite insurance program.
‘‘(F) PUBLIC
MANAGED
LAND.—Notwith-
standing subparagraph (A), if rangeland is
managed by a Federal agency and the carrying
capacity of the managed rangeland is reduced as
a result of a disaster in the preceding year that
was the basis for a qualifying natural disaster
declaration—
‘‘(i) the calculation for the supple-
mental assistance program guarantee deter-
mined under subparagraph (A) as the guar-
antee applies to the managed rangeland
shall be not less than 75 percent of the guar-
antee for the preceding year; and
‘‘(ii) the requirement for a designation
by the Secretary for the current year is
waived.
‘‘(4) FARM REVENUE.—
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‘‘(A) IN
GENERAL.—For purposes of this
subsection, the total farm revenue for a farm,
shall equal the sum obtained by adding—
‘‘(i) the estimated actual value for
grazing and for each crop produced on a
farm by using the product obtained by
multiplying—
‘‘(I) the actual crop acreage
grazed or harvested by an eligible pro-
ducer on a farm;
‘‘(II) the estimated actual yield of
the grazing land or crop production;
and
‘‘(III) subject to subparagraphs
(B) and (C), the average market price
received or value of the production dur-
ing the first 5 months of the marketing
year for the county in which the farm
or portion of a farm is located;
‘‘(ii) 20 percent of amount of any di-
rect payments made to the producer under
section 1103 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C.
7913) or of any fixed direct payments made
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at the election of the producer in lieu of that
section or a subsequent section;
‘‘(iii) the amount of payments for pre-
vented planting on a farm;
‘‘(iv) the amount of crop insurance in-
demnities received by an eligible producer
on a farm for each crop on a farm, includ-
ing indemnities for grazing losses;
‘‘(v) the amount of payments an eligi-
ble producer on a farm received under the
noninsured crop assistance program for
each crop on a farm, including grazing
losses; and
‘‘(vi) the value of any other natural
disaster assistance payments provided by
the Federal Government to an eligible pro-
ducer on a farm for each crop on a farm for
the same loss for which the eligible producer
is seeking assistance.
‘‘(B) ADJUSTMENT.—The Secretary shall
adjust the average market price received by the
eligible producer on a farm—
‘‘(i) to reflect the average quality dis-
counts applied to the local or regional mar-
ket price of a crop, hay, or forage due to a
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reduction in the intrinsic characteristics of
the 
production 
resulting 
from 
adverse
weather, as determined annually by the
State office of the Farm Service Agency;
and
‘‘(ii) to account for a crop the value of
which is reduced due to excess moisture re-
sulting from a disaster-related condition.
‘‘(C) MAXIMUM
AMOUNT
FOR
CERTAIN
CROPS.—With respect to a crop for which an eli-
gible producer on a farm receives assistance
under the noninsured crop assistance program,
the average market price received or value of the
production during the first 5 months of the mar-
keting year for the county in which the farm or
portion of a farm is located shall be an amount
not more than 100 percent of the price of the
crop established under the noninsured crop as-
sistance program.
‘‘(5) EXPECTED
REVENUE.—The expected rev-
enue for each crop on a farm shall equal the sum ob-
tained by adding—
‘‘(A) the expected value of grazing;
‘‘(B) the product obtained by multiplying—
‘‘(i) the greatest of—
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‘‘(I) the actual production history
yield of the eligible producer on a
farm;
‘‘(II) the moving 5-year Olympic
average county yield; and
‘‘(III) the counter-cyclical pro-
gram payment yield;
‘‘(ii) the acreage planted or intended to
be planted for each crop; and
‘‘(iii) 100 percent of the insurance
price guarantee; and
‘‘(C) the product obtained by multiplying—
‘‘(i) 100 percent of the noninsured crop
assistance program yield; and
‘‘(ii) 100 percent of the noninsured
crop assistance program price for each of
the crops on a farm.
‘‘(c) LIVESTOCK INDEMNITY PAYMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall use such
sums as are necessary from the Trust Fund to make
livestock indemnity payments to eligible producers on
farms that have incurred livestock death losses in ex-
cess of the normal mortality due to adverse weather,
as determined by the Secretary, during the calendar
year, including losses due to hurricanes, floods, bliz-
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zards, disease, wildfires, extreme heat, and extreme
cold.
‘‘(2) PAYMENT RATES.—Indemnity payments to
an eligible producer on a farm under paragraph (1)
shall be made at a rate of 75 percent of the market
value of the applicable livestock on the day before the
date of death of the livestock, as determined by the
Secretary.
‘‘(d) EMERGENCY
ASSISTANCE
FOR
LIVESTOCK,
HONEY BEES, AND FARM-RAISED FISH.—
‘‘(1) IN GENERAL.—The Secretary shall use up
to $35,000,000 per year from the Trust Fund to pro-
vide emergency relief to eligible producers of livestock,
honey bees, and farm-raised fish to aid in the reduc-
tion of losses due to adverse weather or other environ-
mental conditions, such as blizzards and wildfires, as
determined by the Secretary, that are not covered
under the authority of the Secretary to make quali-
fying natural disaster declarations.
‘‘(2) USE
OF
FUNDS.—Funds made available
under this subsection shall be used to reduce losses
caused by feed or water shortages, disease, or other
factors as determined by the Secretary.
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‘‘(3) AVAILABILITY OF FUNDS.—Any funds made
available under this subsection and not used in a
crop year shall remain available until expended.
‘‘(e) TREE ASSISTANCE PROGRAM.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE ORCHARDIST.—The term ‘el-
igible orchardist’ means a person that produces
annual crops from trees for commercial purposes.
‘‘(B) NATURAL DISASTER.—The term ‘nat-
ural disaster’ means plant disease, insect infesta-
tion, drought, fire, freeze, flood, earthquake,
lightning, or other occurrence, as determined by
the Secretary.
‘‘(C) NURSERY TREE GROWER.—The term
‘nursery tree grower’ means a person who pro-
duces nursery, ornamental, fruit, nut, or Christ-
mas trees for commercial sale, as determined by
the Secretary.
‘‘(D) TREE.—The term ‘tree’ includes a
tree, bush, and vine.
‘‘(2) ELIGIBILITY.—
‘‘(A) LOSS.—Subject to subparagraph (B),
the Secretary shall provide assistance under
paragraph (3) to eligible orchardists and nursery
tree growers that planted trees for commercial
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purposes but lost the trees as a result of a nat-
ural disaster, as determined by the Secretary.
‘‘(B) LIMITATION.—An eligible orchardist
or nursery tree grower shall qualify for assist-
ance under subparagraph (A) only if the tree
mortality of the eligible orchardist or nursery
tree grower, as a result of damaging weather or
related condition, exceeds 15 percent (adjusted
for normal mortality).
‘‘(3) ASSISTANCE.—Subject to paragraph (4), the
assistance provided by the Secretary to eligible or-
chardists and nursery tree growers for losses described
in paragraph (2) shall consist of—
‘‘(A)(i) reimbursement of 75 percent of the
cost of replanting trees lost due to a natural dis-
aster, as determined by the Secretary, in excess
of 15 percent mortality (adjusted for normal
mortality); or
‘‘(ii) at the option of the Secretary, suffi-
cient seedlings to reestablish a stand; and
‘‘(B) reimbursement of 50 percent of the cost
of pruning, removal, and other costs incurred by
an eligible orchardist or nursery tree grower to
salvage existing trees or, in the case of tree mor-
tality, to prepare the land to replant trees as a
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result of damage or tree mortality due to a nat-
ural disaster, as determined by the Secretary, in
excess of 15 percent damage or mortality (ad-
justed for normal tree damage and mortality).
‘‘(4) LIMITATIONS ON ASSISTANCE.—
‘‘(A) AMOUNT.—The total amount of pay-
ments that a person shall be entitled to receive
under this subsection may not exceed $100,000
per year, or an equivalent value in tree seed-
lings.
‘‘(B) ACRES.—The total quantity of acres
planted to trees or tree seedlings for which a per-
son shall be entitled to receive payments under
this subsection may not exceed 500 acres.
‘‘(C) REGULATIONS.—The Secretary shall
promulgate —
‘‘(i) regulations defining the term ‘per-
son’ for the purposes of this subsection,
which shall conform, to the maximum ex-
tent practicable, to the regulations defining
the term ‘person’ promulgated under section
1001 of the Food Security Act of 1985 (7
U.S.C. 1308); and
‘‘(ii) such regulations as the Secretary
determines necessary to ensure a fair and
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reasonable application of the limitation es-
tablished under this paragraph.
‘‘(f) PLANT PEST AND DISEASE MANAGEMENT AND
DISASTER PREVENTION.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) EARLY PLANT PEST DETECTION AND
SURVEILLANCE.—The term ‘early plant pest de-
tection and surveillance’ means the full range of
activities undertaken to find newly introduced
plant pests, whether the plant pests are new to
the United States or new to certain areas of the
United States, before—
‘‘(i) the plant pests become established;
or
‘‘(ii) the plant pest infestations become
too large and costly to eradicate or control.
‘‘(B) PLANT PEST.—The term ‘plant pest’
has the meaning given such term in section 403
of the Plant Protection Act (7 U.S.C. 7702).
‘‘(C) SPECIALTY CROP.—The term ‘specialty
crop’ has the meaning given the term in section
3 of the Specialty Crops Competitiveness Act of
2004 (7 U.S.C. 1621 note; Public Law 108–465).
‘‘(D) 
STATE
DEPARTMENT
OF
AGRI-
CULTURE.—The term ‘State department of agri-
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culture’ means an agency of a State that has a
legal responsibility to perform early plant pest
detection and surveillance activities.
‘‘(2) EARLY PLANT PEST DETECTION AND SUR-
VEILLANCE IMPROVEMENT PROGRAM.—
‘‘(A) 
COOPERATIVE
AGREEMENTS.—The
Secretary shall enter into a cooperative agree-
ment with each State department of agriculture
that agrees to conduct early plant pest detection
and surveillance activities.
‘‘(B) CONSULTATION.—In carrying out this
paragraph, the Secretary shall consult with—
‘‘(i) the National Plant Board;
‘‘(ii) the National Association of State
Departments of Agriculture; and
‘‘(iii) stakeholders.
‘‘(C) FUNDS
UNDER
AGREEMENTS.—Each
State department of agriculture with which the
Secretary enters into a cooperative agreement
under this paragraph shall receive funding for
each of fiscal years 2008 through 2012 in an
amount to be determined by the Secretary.
‘‘(D) USE OF FUNDS.—
‘‘(i) PLANT PEST DETECTION AND SUR-
VEILLANCE
ACTIVITIES.—A State depart-
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ment of agriculture that receives funds
under this paragraph shall use the funds to
carry out early plant pest detection and
surveillance activities to prevent the intro-
duction of a plant pest or facilitate the
eradication of a plant pest, pursuant to a
cooperative agreement.
‘‘(ii) SUBAGREEMENTS.—Nothing in
this paragraph prevents a State department
of agriculture from using funds received
under subparagraph (C) to enter into sub-
agreements with political subdivisions of the
State that have legal responsibilities relat-
ing to agricultural plant pest and disease
surveillance.
‘‘(iii) 
NON-FEDERAL
SHARE.—The
non-Federal share of the cost of carrying out
a cooperative agreement under this section
may be provided in-kind, including through
provision of such indirect costs of the coop-
erative agreement as the Secretary considers
to be appropriate.
‘‘(E) SPECIAL FUNDING CONSIDERATIONS.—
The Secretary shall provide funds to a State de-
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partment of agriculture if the Secretary deter-
mines that—
‘‘(i) the State department of agri-
culture is in a State that has a high risk
of being affected by 1 or more plant pests;
and
‘‘(ii) the early plant pest detection and
surveillance activities supported with the
funds will likely—
‘‘(I) prevent the introduction and
establishment of plant pests; and
‘‘(II) provide a comprehensive ap-
proach to compliment Federal detec-
tion efforts.
‘‘(F) REPORTING REQUIREMENT.—Not later
than 180 days after the date of completion of an
early plant pest detection and surveillance activ-
ity conducted by a State department of agri-
culture using funds provided under this sub-
section, the State department of agriculture shall
submit to the Secretary a report that describes
the purposes and results of the activities.
‘‘(3) THREAT IDENTIFICATION AND MITIGATION
PROGRAM.—