209 
justment and discount factors to be considered in 
carrying out this subsection, including— 
(A) the average local discounts actually ap-
plied to a crop; and 
(B) the discount schedules applied to loans 
made by the Farm Service Agency or crop in-
surance coverage under the Federal Crop Insur-
ance Act (7 U.S.C. 1501 et seq.). 
(8) ELIGIBLE PRODUCTION.—The Secretary of 
Agriculture shall carry out this subsection in a fair 
and equitable manner for all eligible production, in-
cluding the production of fruits and vegetables, 
other specialty crops, and field crops. 
(e) PAYMENT LIMITATIONS.— 
(1) LIMIT ON AMOUNT OF ASSISTANCE.—As-
sistance provided under this section to a producer 
for losses to a crop, together with the amounts speci-
fied in paragraph (2) applicable to the same crop, 
may not exceed 95 percent of what the value of the 
crop would have been in the absence of the losses, 
as estimated by the Secretary of Agriculture. 
(2) OTHER PAYMENTS.—In applying the limita-
tion in paragraph (1), the Secretary shall include the 
following:
210 
(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) The value of the crop that was not lost 
(if any), as estimated by the Secretary. 
(f) ELIGIBILITY
REQUIREMENTS
AND
LIMITA-
TIONS.—The producers on a farm shall not be eligible for 
assistance under this section with respect to losses to an 
insurable commodity or noninsurable commodity if the 
producers on the farm— 
(1) in the case of an insurable commodity, did 
not obtain a policy or plan of insurance for the in-
surable commodity under the Federal Crop Insur-
ance Act (7 U.S.C. 1501 et seq.) for the crop incur-
ring the losses; 
(2) in the case of a noninsurable commodity, 
did not file the required paperwork, and pay the ad-
ministrative fee by the applicable State filing dead-
line, for the noninsurable commodity under section 
196 of the Federal Agriculture Improvement and
211 
Reform Act of 1996 (7 U.S.C. 7333) for the crop 
incurring the losses; or 
(3) were not in compliance with highly erodible 
land conservation and wetland conservation provi-
sions. 
(g) TIMING.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary of Agriculture shall make payments to 
producers on a farm for a crop under this section 
not later than 60 days after the date the producers 
on the farm submit to the Secretary a completed ap-
plication for the payments. 
(2) INTEREST.—If the Secretary does not make 
payments to the producers on a farm by the date de-
scribed in paragraph (1), the Secretary shall pay to 
the producers on a farm interest on the payments at 
a rate equal to the current (as of the sign-up dead-
line established by the Secretary) market yield on 
outstanding, marketable obligations of the United 
States with maturities of 30 years. 
(h) DEFINITIONS.—In this section: 
(1) INSURABLE COMMODITY.—The term ‘‘insur-
able commodity’’ means an agricultural commodity 
(excluding livestock) for which the producers on a 
farm are eligible to obtain a policy or plan of insur-
212 
ance under the Federal Crop Insurance Act (7 
U.S.C. 1501 et seq.). 
(2) NONINSURABLE
COMMODITY.—The term 
‘‘noninsurable commodity’’ means a crop for which 
the producers on a farm are eligible to obtain assist-
ance under section 196 of the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 
7333). 
SEC. 1002. LIVESTOCK ASSISTANCE. 
(a) LIVESTOCK COMPENSATION PROGRAM.— 
(1) AVAILABILITY OF ASSISTANCE.—There are 
hereby appropriated to the Secretary of Agriculture 
such sums as are necessary, to remain available 
until expended, to carry out the livestock compensa-
tion program established under subpart B of part 
1416 of title 7, Code of Federal Regulations, as an-
nounced by the Secretary on February 12, 2007 (72 
Fed. Reg. 6443), to provide compensation for live-
stock losses between January 1, 2005 and February 
28, 2007, due to a disaster, as determined by the 
Secretary (including losses due to blizzards that 
started in 2006 and continued into January 2007). 
However, the payment rate for compensation under 
this subsection shall be 70 percent of the payment 
rate otherwise applicable under such program. In
213 
addition, section 1416.102(b)(2)(ii) of title 7, Code 
of Federal Regulations (72 Fed. Reg. 6444) shall 
not apply. 
(2) ELIGIBLE
APPLICANTS.—In carrying out 
the program described in paragraph (1), the Sec-
retary shall provide assistance to any applicant 
that— 
(A) conducts a livestock operation that is 
located in a disaster county with eligible live-
stock specified in paragraph (1) of section 
1416.102(a) of title 7, Code of Federal Regula-
tions (72 Fed. Reg. 6444), an animal described 
in section 10806(a)(1) of the Farm Security 
and Rural Investment Act of 2002 (21 U.S.C. 
321d(a)(1)), or other animals designated by the 
Secretary as livestock for purposes of this sub-
section; and 
(B) meets the requirements of paragraphs 
(3) and (4) of section 1416.102(a) of title 7, 
Code of Federal Regulations, and all other eligi-
bility requirements established by the Secretary 
for the program. 
(3) ELECTION OF LOSSES.— 
(A) If a producer incurred eligible livestock 
losses in more than one of the 2005, 2006, or