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the date of death of the livestock, as determined by the
Secretary.
(c) LIVESTOCK INDEMNITY PROGRAM FOR CONTRACT
GROWERS.—
(1) IN GENERAL.—Subject to subsection (d), the
Secretary shall use funds of the Commodity Credit
Corporation to establish a program to assist poultry
producers in hurricane-affected counties that suffered
income losses.
(2) TERMS AND CONDITIONS.—The program es-
tablished under paragraph (1) shall contain similar
terms and conditions as the terms and conditions
used for the livestock indemnity program for contract
growers described in subpart E of chapter XIV of title
7, Code of Federal Regulations (as in effect on Janu-
ary 1, 2002).
(d) EWE LAMB REPLACEMENT AND RETENTION.—
(1) IN
GENERAL.—The Secretary shall use
$15,000,000 of funds of the Commodity Credit Cor-
poration to make payments under the Ewe Lamb Re-
placement and Retention Payment Program under
part 784 of title 7, Code of Federal Regulations (or
a successor regulation) for each qualifying ewe lamb
retained or purchased during the period beginning on
January 1, 2006, and ending on December 31, 2006.
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(2) INELIGIBILITY FOR OTHER ASSISTANCE.—A
producer that receives assistance under this subsection
shall not be eligible to receive assistance under sub-
section (a).
(e) LIMIT
ON AMOUNT
OF ASSISTANCE.—The Sec-
retary shall ensure, to the maximum extent practicable, that
no producer on a farm receives duplicative payments under
this section and any other Federal program for the same
loss.
SEC. 3013. FLOODED CROP AND GRAZING LAND.
(a) IN GENERAL.—The Secretary shall compensate eli-
gible owners of flooded crop and grazing land in—
(1) the Devils Lake basin; and
(2) the McHugh, Lake Laretta, and Rose Lake
closed drainage areas of the State of North Dakota.
(b) ELIGIBILITY.—
(1) IN GENERAL.—To be eligible to receive com-
pensation under this section, an owner shall own land
described in subsection (a) that, during the 2 crop
years preceding receipt of compensation, was rendered
incapable of use for the production of an agricultural
commodity or for grazing purposes (in a manner con-
sistent with the historical use of the land) as the re-
sult of flooding, as determined by the Secretary.
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(2) INCLUSIONS.—Land described in paragraph
(1) shall include—
(A) land that has been flooded;
(B) land that has been rendered inaccessible
due to flooding; and
(C) a reasonable buffer strip adjoining the
flooded land, as determined by the Secretary.
(3) 
ADMINISTRATION.—The 
Secretary 
may
establish—
(A) reasonable minimum acreage levels for
individual parcels of land for which owners may
receive compensation under this section; and
(B) the location and area of adjoining
flooded land for which owners may receive com-
pensation under this section.
(c) SIGN-UP.—The Secretary shall establish a sign-up
program for eligible owners to apply for compensation from
the Secretary under this section.
(d) COMPENSATION PAYMENTS.—
(1) IN GENERAL.—Subject to paragraphs (2) and
(3), the rate of an annual compensation payment
under this section shall be equal to 90 percent of the
average annual per acre rental payment rate (at the
time of entry into the contract) for comparable crop
or grazing land that has not been flooded and re-
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mains in production in the county where the flooded
land is located, as determined by the Secretary.
(2) REDUCTION.—An annual compensation pay-
ment under this section shall be reduced by the
amount of any conservation program rental payments
or Federal agricultural commodity program pay-
ments received by the owner for the land during any
crop year for which compensation is received under
this section.
(3) EXCLUSION.—During any year in which an
owner receives compensation for flooded land under
this section, the owner shall not be eligible to partici-
pate in or receive benefits for the flooded land
under—
(A) the Federal crop insurance program es-
tablished under the Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.);
(B) the noninsured crop assistance program
established under section 196 of the Federal Ag-
riculture Improvement and Reform Act of 1996
(7 U.S.C. 7333); or
(C) any Federal agricultural crop disaster
assistance program.
(e) RELATIONSHIP
TO AGRICULTURAL COMMODITY
PROGRAMS.—The Secretary, by regulation, shall provide
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for the preservation of cropland base, allotment history, and
payment yields applicable to land described in subsection
(a) that was rendered incapable of use for the production
of an agricultural commodity or for grazing purposes as
the result of flooding.
(f) USE OF LAND.—
(1) IN GENERAL.—An owner that receives com-
pensation under this section for flooded land shall
take such actions as are necessary to not degrade any
wildlife habitat on the land that has naturally devel-
oped as a result of the flooding.
(2) RECREATIONAL
ACTIVITIES.—To encourage
owners that receive compensation for flooded land to
allow public access to and use of the land for rec-
reational activities, as determined by the Secretary,
the Secretary may—
(A) offer an eligible owner additional com-
pensation; and
(B) provide compensation for additional
acreage under this section.
(g) FUNDING.—
(1) IN
GENERAL.—The Secretary shall use
$6,000,000 of funds of the Commodity Credit Cor-
poration to carry out this section.
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(2) PRO-RATED PAYMENTS.—In a case in which
the amount made available under paragraph (1) for
a fiscal year is insufficient to compensate all eligible
owners under this section, the Secretary shall pro-rate
payments for that fiscal year on a per acre basis.
SEC. 3014. SUGARCANE AND SUGAR BEET DISASTER ASSIST-
ANCE.
(a) FLORIDA.—The Secretary of Agriculture shall use
$120,000,000 of funds of the Commodity Credit Corporation
to make payments to processors in Florida 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)) to compensate first processors and producers for
crop and other losses in hurricane-affected counties that are
related to hurricanes, tropical storms, excessive rains,
floods, and wind in Florida during calendar year 2005, by
an agreement on the same terms and conditions, to the max-
imum extent practicable, as the payments made under sec-
tion 102 of the Emergency Supplemental Appropriations
for Hurricane Disasters Assistance Act of 2005 (Public Law
108–324; 118 Stat. 1235), including that the 2005 base pro-
duction of each harvesting unit shall be determined using
the same base year crop production history that was used
pursuant to the agreement under that section.
(b) LOUISIANA.—