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tions 3101 and 3102 shall be reduced by any amount re-
ceived by the producer for the same loss or any similar 
loss under— 
(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); or 
(2) an agricultural disaster assistance provision 
contained in the announcement of the Secretary of 
Agriculture on January 26, 2006. 
(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 3101, 3102, 3103, and 3104. 
SEC. 3106. ADMINISTRATION. 
(a) REGULATIONS.—The Secretary of Agriculture 
may promulgate such regulations as are necessary to im-
plement sections 3101 and 3102. 
(b) PROCEDURE.—The promulgation of the imple-
menting regulations and the administration of sections 
3101 and 3102 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. 
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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. 
(d) USE
OF COMMODITY CREDIT CORPORATION; 
LIMITATION.—In implementing sections 3101 and 3102, 
the Secretary of Agriculture may use the facilities, serv-
ices, and authorities of the Commodity Credit Corpora-
tion. The Corporation shall not make any expenditures to 
carry out sections 3101 and 3102 unless funds have been 
specifically appropriated for such purpose. 
SEC. 3107. MILK INCOME LOSS CONTRACT PROGRAM. 
Notwithstanding subsections (c)(3), (f), and (g) of 
section 1502 of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 7982), there is hereby appropriated 
$283,000,000, to remain available until expended, for pay-
ments under such section, using the payment rate speci-
fied in subsection (c)(3)(B) of such section, from Sep-
tember 1, 2007, through September 30, 2008. Of such 
amount, $252,000,000 shall be available only on or after 
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September 30, 2007, and only so long as an Act to provide 
for the continuation of agricultural programs for fiscal 
years after 2007, including such section 1502, is not en-
acted. 
SEC. 3108. PEANUT STORAGE COSTS. 
Notwithstanding subsection (a)(6) of section 1307 of 
the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 7957), there is hereby appropriated $74,000,000, 
to remain available until expended, for the payment of 
storage, handling, and other associated costs for the 2007 
crop of peanuts to ensure proper storage of peanuts for 
which a loan is made under such section. Of such amount, 
$74,000,000 shall be available only on or after September 
30, 2007, and only so long as an Act to provide for the 
continuation of agricultural programs for fiscal years after 
2007, including such section 1307, is not enacted. 
SEC. 3109. LOSSES DUE TO APHIS EMERGENCY ORDER. 
There is hereby appropriated to the Secretary of Ag-
riculture $5,000,000, to remain available until expended, 
to provide compensation to aquaculture operations and 
other persons in the United States engaged in the business 
of breeding, rearing, or transporting live fish to cover all 
or a portion of the economic losses incurred by the oper-
ation or person as a result of the emergency order issued 
by the Animal and Plant Health Inspection Service on Oc-
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