H. R. 4837—16
1935 with respect to 2004 hurricane crop losses are not eligible
for payments under this section.
(d) EMERGENCY CONSERVATION PROGRAM.—The Secretary of
Agriculture shall use an additional $50,000,000 of the funds of
the Commodity Credit Corporation 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.).
(e) OFFSET.—Section 1241(a)(3) of the Food Security Act of
1985 (16 U.S.C. 3841(a)(3)) is amended by inserting before the
period at the end the following: ‘‘, using not more than
$6,037,000,000 for the period of fiscal years 2005 through 2014’’.
(f) That for purposes of the budget scoring guidance in effect
for the Congress and the Executive branch respectively, and not-
withstanding the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accom-
panying Conference Report 105–217, any savings from subsection
(e) shall not be scored until fiscal year 2008.
(g) The issuance of regulations shall be made without regard
to: (1) the notice and comment provisions of section 553 of title
5, United States Code; (2) the Statement of Policy of the Secretary
of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating
to notices of proposed rulemaking and public participation in rule-
making; and (3) chapter 35 of title 44, United States Code (com-
monly known as the ‘‘Paperwork Reduction Act’’): Provided, That
in carrying out this section, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
SEC. 102. The Secretary of Agriculture shall use $40,000,000,
of which, $7,200,000 shall be provided to the State of Hawaii
for assistance to an agricultural transportation cooperative in
Hawaii, the members of which are eligible to participate in the
Farm Service Agency administered Commodity Loan Program, and
of which $32,800,000 shall be to make payments to processors
in Florida that are eligible to obtain a loan under section 156(a)
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7272(a)) to compensate first processors and producers
for crop and other losses that are related to hurricanes, tropical
storms, excessive rains, and floods in Florida during calendar year
2004, to be calculated and paid on the basis of losses on 40 acre
harvesting units, in counties declared a disaster by the President
of the United States in 2004 due to hurricanes, on the same terms
and conditions, to the extent practicable, as the payments made
under section 207 of the Agricultural Assistance Act of 2003 (Public
Law 108–7).
SEC. 103. The Secretary of Agriculture shall use $10,000,000
to make payments to dairy producers for dairy production losses,
and dairy spoilage losses in counties declared a disaster by the
President of the United States in 2004 due to hurricanes.
SEC. 104. The Secretary of Agriculture shall use $10,000,000
to provide assistance to producers and first handlers of the 2004
crop of cottonseed located in counties declared a disaster by the
President of the United States in 2004 due to hurricanes.
SEC. 105. (a) The Secretary shall use the funds, facilities,
and authorities of the Commodity Credit Corporation to carry out
section 101, 102, 103, 104, 108, 109, 110, and 111 of this chapter,
to remain available until expended.
H. R. 4837—17
(b) The amounts provided under sections 101, 102, 103, 104,
108, 109, 110, and 111 in this chapter are designated as an emer-
gency 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.
SEC. 106. (a) RURAL COMMUNITY ADVANCEMENT PROGRAM.—
The communities in Burlington and Camden Counties in New
Jersey, affected by the flood which occurred on July 12, 2004,
are deemed to be rural areas during fiscal year 2005 for purposes
of subtitle E of the Consolidated Farm and Rural Development
Act. Any limitations under subtitle E of the Consolidated Farm
and Rural Development Act that are based on the income of families
shall not apply during fiscal year 2005 with respect to such commu-
nities, or to businesses or families residing in such communities.
(b) RURAL HOUSING INSURANCE FUND
AND RURAL HOUSING
ASSISTANCE GRANTS.—The communities referred to in subsection
(a) are deemed to be rural areas during fiscal year 2005 for purposes
of the direct and guaranteed loan programs under title V of the
Housing Act of 1949 and the grant programs under sections 504,
509(c), 525, and 533 of such title V. Any limitations under title
V of the Housing Act of 1949 that are based on the income of
families shall not apply during fiscal year 2005 with respect to
such communities or to families residing in such communities.
SEC. 107. The Secretary of Agriculture shall provide financial
and technical assistance to repair, and if necessary, replace Hope
Mills Dam, Cumberland County, North Carolina, in accordance
with the dam safety standards of the state of North Carolina:
Provided, That from within the funds provided in this chapter
for the Emergency Watershed Protection program of the Natural
Resources Conservation Service $1,600,000 is provided for this pur-
pose.
SEC. 108. The Secretary shall provide $90,000,000 to the fund
established by section 32 of the Act of August 24, 1935 (7 U.S.C.
612c), to make payments with respect to 2004 hurricane losses.
SEC. 109. The Secretary, acting through the Farm Service
Agency, may use not more than $4,000,000 to cover administrative
expenses associated with the implementation of sections 101 and
102 of this chapter.
SEC. 110. In addition to amounts provided in this Act for
the tree assistance program, $10,000,000 shall be made available
to the Secretary of Agriculture, to remain available until expended,
to provide assistance to eligible private forest landowners owning
not more than 5,000 acres of forest crop in counties declared Presi-
dential disaster areas as a result of hurricane, tropical storm,
or related events for the purposes of debris removal, replanting
of timber, and other such purposes.
SEC. 111. In addition to amounts provided in this Act for
the tree assistance program, $8,500,000 shall be made available
to the Secretary of Agriculture, to remain available until expended,
to provide assistance under the tree assistance program established
under subtitle C of title X of the Farm Security and Rural Invest-
ment Act of 2002 to pecan producers in counties declared a disaster
by the President of the United States who suffered tree loss or
damage due to damaging weather related to any hurricane or
tropical storm of the 2004 hurricane season: Provided, That the
funds made available under this section shall also be made available
H. R. 4837—18
to cover costs associated with pruning, rehabilitating, and other
appropriate activities as determined by the Secretary.
CHAPTER 2
DEPARTMENT OF JUSTICE
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$5,500,000, to remain available until September 30, 2005, for emer-
gency hurricane-related expenses: Provided, That such amount is
designated as an emergency requirement pursuant to section 402
of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108–
287.
BUILDINGS AND FACILITIES
For an additional amount for ‘‘Buildings and Facilities’’,
$18,600,000, to remain available until expended for emergency
hurricane-related expenses: Provided, That such amount is des-
ignated as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to the House
of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108–287.
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH AND FACILITIES
For an additional amount for ‘‘Operations, Research, and Facili-
ties’’, $16,900,000, to remain available until September 30, 2006,
of which $9,000,000 shall be for reseeding, rehabilitation and res-
toration of oyster reefs in Alabama, Florida, Louisiana, and Mis-
sissippi: Provided, That such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives
by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108–287.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for ‘‘Procurement, Acquisition and
Construction’’, $3,800,000, to remain available until September 30,
2007: Provided, That such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives
by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108–287.
H. R. 4837—19
SMALL BUSINESS ADMINISTRATION
DISASTER LOANS PROGRAM ACCOUNT
For an additional amount for ‘‘Disaster Loans Program Account’’
for the cost of direct loans, $501,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in Section 502 of the Congressional
Budget Act of 1974.
In addition, for an additional amount for ‘‘Disaster Loans Pro-
gram Account’’ for administrative expenses to carry out the disaster
loan program, $428,000,000, to remain available until expended,
which may be transferred to the appropriations for ‘‘Salaries and
Expenses’’: Provided, That no funds shall be transferred to the
appropriations for ‘‘Salaries and Expenses’’ for indirect administra-
tive expenses: 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 Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public
Law 108–287.
CHAPTER 3
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE—MILITARY
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $8,600,000, for emergency hurricane and other natural dis-
aster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th Congress)
and applicable to the Senate by section 14007 of Public Law 108–
287.
OPERATION AND MAINTENANCE, NAVY
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $458,000,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th Congress)
and applicable to the Senate by section 14007 of Public Law 108–
287.