to make payments to dairy producers in counties and par-
ishes declared to be disaster areas by the President in 
2005 due to a hurricane for dairy production losses, in-
cluding losses due to sustained animal health problems as 
a result of the disaster, and dairy spoilage losses. 
SEC. 203. DOMESTIC AQUACULTURE ASSISTANCE. 
(a) PROGRAM REQUIRED.—The Secretary of Agri-
culture shall use such sums as are necessary of funds of 
the Commodity Credit Corporation to carry out a program 
to make payments for the loss of catfish (as defined by 
section 10806(a)(1) of the Food Security and Rural In-
vestment Act of 2002 (21 U.S.C. 321d)) in counties and 
parishes declared to be disaster areas by the President in 
2005 due to a hurricane. 
(b) ADMINISTRATION.—To carry out the program 
under this subsection, the Secretary of Agriculture shall 
use the criteria established for catfish under the program 
referred to in section 203(a) of the Agricultural Assistance 
Act of 2003 (title II of division N of the Consolidated Ap-
propriations Resolution, 2003; Public Law 108–7; 117 
Stat. 539). 
SEC. 204. SUGARCANE DISASTER ASSISTANCE. 
(a) COMPENSATION FOR LOSSES.—The Secretary of 
Agriculture shall make available to first processors of sug-
arcane that operate in parishes in the State of Louisiana
declared to be disaster areas by the President due to Hur-
ricane Katrina and related conditions and that are eligible 
to obtain a loan under section 156(a) of the Federal Agri-
culture Improvement and Reform Act of 1996 (7 U.S.C. 
7272(a)) assistance in the form of payments, or commod-
ities in the inventory of the Commodity Credit Corporation 
derived from carrying out that section, to partially com-
pensate producers and first processors for crop and other 
losses related to the disaster declaration. 
(b) ADMINISTRATION.—Assistance under subsection 
(a) shall be— 
(1) shared by an affected first processor with 
affected producers that provide commodities to the 
processor in a manner that reflects contracts entered 
into between the processor and the producers; and 
(2) made available under such terms and condi-
tions as the Secretary of Agriculture determines are 
necessary to carry out subsection (a). 
(c) AMOUNT OF ASSISTANCE.—To carry out sub-
section (a), the Secretary of Agriculture shall— 
(1) use 336,697 tons of commodities in the in-
ventory of the commodity Credit Corporation under 
section 156(a) of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7272 (a));
(2) make payments in an aggregate amount 
equal to the market value of the quantity of com-
modities specified in paragraph (1); or 
(3) take any combination of actions described in 
paragraphs (1) and (2) using commodities or pay-
ments with a total value equal to the market value 
of the quantity of commodities specified in para-
graph (1). 
SEC. 205. CONSERVATION PROGRAMS. 
(a) REMOVAL OF DEAD LIVESTOCK.—The Secretary 
of Agriculture may use funds made available for the emer-
gency watershed protection program established under 
section 403 of the Agricultural Credit Act of 1978 (16 
U.S.C. 2203) and the emergency conservation program es-
tablished under title IV of the Agricultural Credit Act of 
1978 (16 U.S.C. 2201 et seq.) to cover the costs of the 
removal and disposal of dead livestock in counties and par-
ishes declared to be disaster areas by the President in 
2005 due to Hurricane Katrina, regardless of whether the 
costs are incurred by the owner of the livestock or other 
persons. 
(b) SWAMPBUSTER WAIVER.—Subtitle C of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3821 et seq.) 
shall not apply to the provision of assistance under the 
emergency watershed protection program or the emer-
gency conservation program in counties and parishes de-
clared to be disaster areas by the President in 2005 due 
to Hurricane Katrina. 
(c) FORESTRY ASSISTANCE PROGRAM.—The Sec-
retary of Agriculture shall use such sums as are necessary 
of funds of the Commodity Credit Corporation to provide 
assistance to private forest landowners owning not more 
than 5,000 acres of forest crop in counties and parishes 
declared to be disaster areas by the President in 2005 due 
to a hurricane for the purposes of debris removal, replant-
ing of timber, and other such purposes. 
(d) RELEASE FROM TREE REPLANTING REQUIRE-
MENT.—In the case of land enrolled in the conservation 
reserve under section 1231 of the Food Security Act of 
1985 (16 U.S.C. 3831) and devoted to trees under the 
conservation reserve contract, if the trees were destroyed 
or damaged due to a hurricane occurring in 2005, the fail-
ure of the owner or operator of the farm subject to the 
contract to replant the land to tree cover— 
(1) shall not be considered to be a violation of 
the contract; and 
(2) shall not affect the eligibility of the owner 
or operator for rental payments under the contract.