H. R. 2206—105
for assistance, applicants must meet all eligibility requirements 
established by the Secretary for the program. 
(2) ELECTION OF LOSSES.—If a producer incurred eligible 
livestock losses in more than one of the 2005, 2006, or 2007 
calendar years, the producer shall elect to receive payments 
under this subsection for losses incurred in only one of such 
calendar years. The producer may not receive payments under 
this subsection for more than one calendar year. 
(3) PAYMENT RATES.—Indemnity payments to a producer 
on a farm under paragraph (1) shall be made at a rate of 
not less than 26 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. 
(4) LIVESTOCK DEFINED.—In this subsection, the term ‘‘live-
stock’’ means an animal that—
(A) is specified in clause (i) of section 1416.203(a)(2) 
of title 7, Code of Federal Regulations (72 Fed. Reg. 6445), 
or is designated by the Secretary as livestock for purposes 
of this subsection; and 
(B) meets the requirements of clauses (iii) and (iv) 
of such section. 
(5) DEFINITIONS.—In this subsection: 
(A) DISASTER
COUNTY.—The term ‘‘disaster county’’ 
means—
(i) a county included in the geographic area covered 
by a natural disaster declaration; and 
(ii) each county contiguous to a county described 
in clause (i). 
(B) NATURAL DISASTER DECLARATION.—The term ‘‘nat-
ural disaster declaration’’ means—
(i) a natural disaster declared by the Secretary 
between January 1, 2005 and February 28, 2007, under 
section 321(a) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1961(a)); 
(ii) a major disaster or emergency designated by 
the President between January 1, 2005 and February 
28, 2007, under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.); 
or 
(iii) a determination of a Farm Service Agency 
Administrator’s Physical Loss Notice if such notice 
applies to a county included under (ii). 
SEC. 9003. EMERGENCY CONSERVATION PROGRAM. 
There is hereby appropriated to the Secretary of Agriculture 
$16,000,000, to remain available until expended, to provide assist-
ance under the Emergency Conservation Program under title IV 
of the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.) 
for the cleanup and restoration of farm and agricultural production 
lands. 
SEC. 9004. PAYMENT LIMITATIONS. 
(a) REDUCTION IN PAYMENTS TO REFLECT PAYMENTS FOR SAME 
OR SIMILAR LOSSES.—The amount of any payment for which a 
producer is eligible under sections 9001 and 9002 shall be reduced 
by any amount received by the producer for the same loss or 
any similar loss under—
H. R. 2206—106
(1) the Department of Defense, Emergency Supplemental 
Appropriations to Address Hurricanes in the Gulf of Mexico, 
and Pandemic Influenza Act, 2006 (Public Law 109–148; 119 
Stat. 2680); 
(2) an agricultural disaster assistance provision contained 
in the announcement of the Secretary on January 26, 2006 
or August 29, 2006; or 
(3) the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Hurricane Recovery, 
2006 (Public Law 109–234; 120 Stat. 418). 
(b) ADJUSTED GROSS INCOME LIMITATION.—Section 1001D of 
the Food Security Act of 1985 (7 U.S.C. 1308–3a) shall apply with 
respect to assistance provided under sections 9001, 9002, and 9003. 
SEC. 9005. ADMINISTRATION. 
(a) REGULATIONS.—The Secretary of Agriculture may promul-
gate such regulations as are necessary to implement sections 9001 
and 9002. 
(b) PROCEDURE.—The promulgation of the implementing regula-
tions and the administration of sections 9001 and 9002 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 rulemaking; 
and 
(3) chapter 35 of title 44, United States Code (commonly 
known as the ‘‘Paperwork Reduction Act’’). 
(c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In car-
rying out this section, the Secretary of Agriculture shall use the 
authority provided under section 808 of title 5, United States Code. 
(d) USE OF COMMODITY CREDIT CORPORATION; LIMITATION.—
In implementing sections 9001 and 9002, the Secretary of Agri-
culture may use the facilities, services, and authorities of the Com-
modity Credit Corporation. The Corporation shall not make any 
expenditures to carry out sections 9001 and 9002 unless funds 
have been specifically appropriated for such purpose. 
SEC. 9006. MILK INCOME LOSS CONTRACT PROGRAM. 
(a) Section 1502(c)(3) of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 7982(c)(3)) is amended—
(1) in subparagraph (A), by adding ‘‘and’’ at the end; 
(2) in subparagraph (B), by striking ‘‘August’’ and all that 
follows through the end and inserting ‘‘September 30, 2007, 
34 percent.’’; and 
(3) by striking subparagraph (C). 
(b) Section 10002 of this Act shall not apply to this section 
except with respect to fiscal years 2007 and 2008. 
SEC. 9007. DAIRY ASSISTANCE. 
There is hereby appropriated $16,000,000 to make payments 
to dairy producers for dairy production losses in disaster counties, 
as defined in section 9002 of this title, to remain available until 
expended.
H. R. 2206—107
SEC. 9008. NONINSURED CROP ASSISTANCE PROGRAM. 
For States in which there is a shortage of claims adjustors, 
as determined by the Secretary, the Secretary shall permit the 
use of one claims adjustor certified by the Secretary in carrying 
out 7 CFR 1437.401. 
SEC. 9009. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT 
AND SEASONAL FARMWORKERS. 
There is hereby appropriated $16,000,000 to carry out section 
2281 of the Food, Agriculture, Conservation and Trade Act of 1990 
(42 U.S.C. 5177a), to remain available until expended. 
SEC. 9010. CONSERVATION SECURITY PROGRAM. 
Section 20115 of Public Law 110–5 is amended by striking 
‘‘section 726’’ and inserting in lieu thereof ‘‘section 726; section 
741’’. 
SEC. 9011. ADMINISTRATIVE EXPENSES. 
There is hereby appropriated $22,000,000 for the ‘‘Farm Service 
Agency, Salaries and Expenses’’, to remain available until Sep-
tember 30, 2008. 
SEC. 9012. CONTRACT WAIVER. 
In carrying out crop disaster and livestock assistance in this 
title, the Secretary shall require forage producers to have partici-
pated in a crop insurance pilot program or the Non-Insured Crop 
Disaster Assistance Program during the crop year for which com-
pensation is received. 
TITLE X—GENERAL PROVISIONS 
SEC. 10001. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein. 
SEC. 10002. Amounts in this Act (other than in titles VI and 
VIII) are designated as emergency requirements and necessary 
to meet emergency needs pursuant to subsections (a) and (b) of 
section 204 of S. Con. Res. 21 (110th Congress), the concurrent 
resolution on the budget for fiscal year 2008.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.