(1) in the case of all insurable commodities 
grown by the producer during the next available cov-
erage period— 
(A) to obtain at least catastrophic risk pro-
tection for those commodities under the Federal 
Crop Insurance Act (7 U.S.C. 1501 et seq.); 
and 
(B) in the event of violation of the con-
tract, to repay to the Secretary any payment re-
ceived under this section; and 
(2) in the case of all noninsurable commodities 
grown by the producer during the next available cov-
erage period— 
(A) to file the required paperwork, and pay 
the administrative fee by the applicable State 
filing deadline, for those commodities under sec-
tion 196 of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7333); 
and 
(B) in the event of violation of the con-
tract, to repay to the Secretary any payment re-
ceived under this section. 
(g) RELATION TO OTHER ASSISTANCE.— 
(1) LINK TO ACTUAL LOSSES.—Assistance pro-
vided under subsection (a) to a producer for losses
to a crop, together with the amounts specified in 
paragraph (2) applicable to the same crop, may not 
exceed 100 percent of what the value of the crop 
would have been in the absence of the losses, as esti-
mated by the Secretary. 
(2) OTHER PAYMENTS.—In applying the limita-
tion in paragraph (1), the Secretary shall include the 
following: 
(A) Any crop insurance payment made 
under the Federal Crop Insurance Act (7 
U.S.C. 1501 et seq.) or payment under section 
196 of the Federal Agricultural Improvement 
and Reform Act of 1996 (7 U.S.C. 7333) that 
the producer receives for losses to the same 
crop. 
(B) Assistance received under any other 
emergency crop loss authority. 
(C) The value of the crop that was not lost 
(if any), as estimated by the Secretary. 
(h) ADJUSTED GROSS INCOME LIMITATION.—The 
adjusted gross income limitation, specified in section 
1001D of the Food Security Act of 1985 (7 U.S.C. 1308– 
3a), shall apply to the provision of assistance under this 
section. 
(i) DEFINITIONS.—In this section:
(1) CATASTROPHIC
RISK
PROTECTION.—The 
term ‘‘catastrophic risk protection’’ means the level 
of insurance coverage provided under section 508(b) 
of the Federal Crop Insurance Act (7 U.S.C. 
1508(b)). 
(2) DISASTER
COUNTY.—The term ‘‘disaster 
county’’ means a county included in the geographic 
area covered by a natural disaster declaration— 
(A) made by the Secretary under section 
321(a) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1961(a)) due to 
Hurricane Dennis, Hurricane Katrina, or Hur-
ricane Rita in 2005; or 
(B) made by the President under the Rob-
ert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) due to 
Hurricane Dennis, Hurricane Katrina, or Hur-
ricane Rita. 
(3) INSURABLE COMMODITY.—The term ‘‘insur-
able commodity’’ means an agricultural commodity 
for which producers are eligible to obtain a policy or 
plan of insurance under the Federal Crop Insurance 
Act (7 U.S.C. 1501 et seq.). 
(4) NONINSURABLE
COMMODITY.—The term 
‘‘noninsurable commodity’’ means an eligible crop
for which producers are eligible to obtain assistance 
under section 196 of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C. 
7333). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
SEC. 3. EMERGENCY CONSERVATION PROGRAM. 
(a) SPECIFIC INCLUSION OF NURSERY AND FERN-
ERY PRODUCERS.—Section 405 of the Agricultural Credit 
Act of 1978 (16 U.S.C. 2205) is amended by adding at 
the end the following new sentence: ‘‘For purposes of this 
title, the term ‘agricultural producer’ includes a producer 
of nursery or fernery crops.’’. 
(b) APPLICATION OF AMENDMENT.—The Secretary 
of Agriculture shall implement the amendment made by 
subsection (a) beginning in counties declared to be dis-
aster areas by the President or the Secretary due to Hur-
ricane Dennis, Hurricane Katrina, or Hurricane Rita. 
SEC. 4. TREE ASSISTANCE PROGRAM. 
(a) SPECIFIC INCLUSION OF NURSERY TREES.—Sec-
tions 10201 of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8201) is amended by striking para-
graph (1) and inserting the following new paragraph: 
‘‘(1) ELIGIBLE ORCHARDIST.—The term ‘eligi-
ble orchardist’ means—
‘‘(A) a person that produces annual crops 
from trees for commercial purposes; or 
‘‘(B) a nursery grower that produces field- 
grown trees, container-grown trees, or both, 
whether or not the trees produce an annual 
crop, intended for replanting after commercial 
sale.’’. 
(b) APPLICATION OF AMENDMENT.—The Secretary 
of Agriculture shall implement the amendment made by 
subsection (a) beginning in counties declared to be dis-
aster areas by the President or the Secretary due to Hur-
ricane Dennis, Hurricane Katrina, or Hurricane Rita. 
SEC. 5. ADMINISTRATION. 
The Secretary of Agriculture shall use the funds, fa-
cilities, and authorities of the Commodity Credit Corpora-
tion to carry out this Act, and such funds shall remain 
available until expended. 
SEC. 6. REGULATIONS. 
(a) IN GENERAL.—The Secretary of Agriculture may 
promulgate such regulations as are necessary to imple-
ment this Act and the amendments made by this Act. 
(b) PROCEDURE.—The promulgation of the regula-
tions and administration of this Act and the amendments 
made by this Act 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. 
13804), relating to notices of proposed rulemaking 
and public participation in rulemaking; and 
(3) chapter 35 of title 44, United States Code 
(commonly known as the ‘‘Paperwork Reduction 
Act’’). 
(c) CONGRESSIONAL REVIEW
OF AGENCY RULE-
MAKING.—In carrying out this section, the Secretary of 
Agriculture shall use the authority provided under section 
808 of title 5, United States Code. 
SEC. 7. EMERGENCY DESIGNATION. 
The amounts provided under this Act or under 
amendments made by this Act to respond to Hurricane 
Dennis, Hurricane Katrina, or Hurricane Rita are des-
ignated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress). 
Æ