(C) a reasonable buffer strip adjoining the 
flooded land, as determined by the Secretary. 
(3) ADMINISTRATION.—The Secretary may es-
tablish— 
(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 pay-
ment 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 com-
parable crop or grazing land that has not been flood-
ed and remains in production in the county where 
the flooded land is located, as determined by the 
Secretary. 
(2) REDUCTION.—An annual compensation 
payment under this section shall be reduced by the 
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amount of any conservation program rental pay-
ments or Federal agricultural commodity program 
payments 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 par-
ticipate in or receive benefits for the flooded land 
under— 
(A) the Federal crop insurance program 
established under the Federal Crop Insurance 
Act (7 U.S.C. 1501 et seq.); 
(B) the noninsured crop assistance pro-
gram established under section 196 of the Fed-
eral Agriculture 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 
for the preservation of cropland base, allotment history, 
and payment yields applicable to land described in sub-
section (a) that was rendered incapable of use for the pro-
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duction of an agricultural commodity or for grazing pur-
poses 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 
developed 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. 
(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- 
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rate payments for that fiscal year on a per acre 
basis. 
SEC. 104. SUGARCANE AND SUGAR BEET DISASTER ASSIST-
ANCE. 
(a) FLORIDA.—The Secretary of Agriculture shall 
use $120,000,000 of funds of the Commodity Credit Cor-
poration to make payments to processors in Florida that 
are eligible to obtain a loan under section 156(a) of the 
Federal Agriculture 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 cal-
endar year 2005, by an agreement on the same terms and 
conditions, to the maximum extent practicable, as the pay-
ments made under section 102 of the Emergency Supple-
mental Appropriations for Hurricane Disasters Assistance 
Act of 2005 (Public Law 108–324; 118 Stat. 1235), in-
cluding that the 2005 base production of each harvesting 
unit shall be determined using the same base year crop 
production history that was used pursuant to the agree-
ment under that section. 
(b) LOUISIANA.— 
(1) COMPENSATION
FOR
LOSSES.—The Sec-
retary shall use the funds, facilities, and authorities 
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of the Commodity Credit Corporation to make 
$120,000,000 in payments to first processors of sug-
arcane that operate in a disaster county in Lou-
isiana, or obtain sugarcane from a disaster county in 
Louisiana, and that are eligible to obtain a loan 
under section 156(a) of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C. 
7272(a)), to compensate the producers and first 
processors for crop and other losses due to Hurri-
cane Katrina, Hurricane Rita, or related conditions. 
(2) ADMINISTRATION.—Assistance under this 
subsection shall be— 
(A) shared by an affected first processor 
with affected producers that provide commod-
ities to the processor in a manner that reflects 
contracts entered into between the processor 
and the producers, except with respect to a por-
tion of the amount of total assistance described 
under paragraph (1) necessary to compensate 
affected producers for individual losses experi-
enced by the producers, including losses due to 
saltwater intrusion, flooding, wind damage, or 
increased planting, replanting, or harvesting 
costs, which shall be transferred by the first 
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processor to the affected producers without re-
gard to contractual share arrangements; and 
(B) made available under such terms and 
conditions as the Secretary determines are nec-
essary to carry out this subsection. 
(3) LOSS
DETERMINATION.—In carrying out 
this subsection, the Secretary shall use the same 
base year to determine crop loss that was elected by 
a producer to determine crop loss in carrying out the 
hurricane assistance program under section 207 of 
the Agricultural Assistance Act of 2003 (Public Law 
108–7; 117 Stat. 543). 
(c) FUNDING.—The Secretary shall use $40,000,000 
of funds of the Commodity Credit Corporation to provide 
assistance to sugar beet producers that suffered produc-
tion losses (including quality losses) for the 2005 crop 
year. 
(d) REQUIREMENT.—The Secretary shall make pay-
ments under subsection (c) in the same manner as pay-
ments were made under section 208 of the Agricultural 
Assistance Act of 2003 (Public Law 108–7; 117 Stat. 
544), including using the same indemnity benefits as were 
used in carrying out that section. 
(e) TEXAS.—The Secretary shall use $400,000 of 
funds of the Commodity Credit Corporation to assist sug-
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arcane growers in Texas by making a payment in that 
amount to the Rio Grande Valley Sugar Growers, a farm-
er-owned cooperative sugarcane processor in that State, 
for additional demurrage costs at the Port of Baton Rouge 
and additional storage and transportation costs of raw 
sugar resulting from hurricanes during calendar year 
2005, excessive rains, floods, wind, and other related con-
ditions. 
(f) HAWAII.—The Secretary shall use $6,000,000 of 
funds of the Commodity Credit Corporation to assist sug-
arcane growers in Hawaii by making a payment in that 
amount to an agricultural transportation cooperative in 
Hawaii, the members of which are eligible to receive mar-
keting assistance loans and loan deficiency payments made 
available under subtitle B of title I of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 7931 et 
seq.). 
(g) 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. 105. SPECIALTY CROPS AND NURSERY CROPS. 
(a) IN GENERAL.—The Secretary shall use funds of 
the Commodity Credit Corporation to provide assistance 
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to producers of specialty crops and nursery crops in hurri-
cane-affected counties. 
(b) ADMINISTRATION.— 
(1) IN GENERAL.—Assistance required by sub-
section (a) shall be carried out by the Secretary 
under the same terms and conditions as the special 
disaster relief programs carried out for producers 
that suffered from crop damage and tree losses, and 
carried out related cleanup, in certain areas of Flor-
ida due to Hurricanes Charley, Frances, and Jeanne 
during August and September 2004, as described in 
the notice of program implementation relating to 
Florida citrus, fruit, vegetable, and nursery crop dis-
aster programs (69 Fed. Reg. 63134 (October 29, 
2004)). 
(2) LOSS OF RECORDS.—Due to the complete 
destruction of the business records of many pro-
ducers, the Secretary shall use the best available in-
formation in determining eligibility, determining 
losses, and calculating payment amounts under this 
section. 
(c) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec-
retary shall ensure, to the maximum extent practicable, 
that no producer on a farm receives duplicative payments 
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under this section and any other Federal program for the 
same loss. 
SEC. 106. DAIRY ASSISTANCE. 
The Secretary shall use $25,000,000 of the funds of 
the Commodity Credit Corporation to make payments to 
dairy producers for dairy production losses and dairy 
spoilage losses in hurricane-affected counties. 
SEC. 107. COTTONSEED. 
(a) DISTRIBUTION OF FUNDS.—The Secretary shall 
provide disaster assistance under subsection (c) under the 
same terms and conditions as assistance provided under 
section 206 of the Agricultural Assistance Act of 2003 
(Public Law 108–7; 117 Stat. 543), except that assistance 
shall be— 
(1) distributed to producers and first handlers 
of cottonseed; and 
(2) based on cottonseed production during the 
most recent year for which a disaster payment spe-
cifically for cottonseed was not authorized. 
(b) COTTONSEED ASSISTANCE.—The Secretary shall 
use $15,000,000 of the funds of the Commodity Credit 
Corporation to provide assistance to producers and first- 
handlers of the 2005 crop of cottonseed in hurricane-af-
fected counties. 
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SEC. 108. REDUCTION IN PAYMENTS. 
The amount of any payment for which a producer is 
eligible under this subtitle shall be reduced by any amount 
received 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 on 
January 26, 2006. 
TITLE II—SUPPLEMENTAL NU-
TRITION AND AGRICULTURAL 
ECONOMIC DISASTER ASSIST-
ANCE 
SEC. 201. REPLENISHMENT OF SECTION 32. 
(a) DEFINITION OF SPECIALTY CROP.—In this sec-
tion: 
(1) IN GENERAL.—The term ‘‘specialty crop’’ 
means any agricultural crop. 
(2) EXCEPTION.—The term ‘‘specialty crop’’ 
does not include— 
(A) wheat; 
(B) feed grains; 
(C) oilseeds; 
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(D) cotton; 
(E) rice; or 
(F) peanuts. 
(b) BASE STATE GRANTS.— 
(1) IN
GENERAL.—The Secretary shall use 
$25,500,000 of funds of the Commodity Credit Cor-
poration to make grants to the several States, the 
District of Columbia, and the Commonwealth of 
Puerto Rico to be used to support activities that 
promote agriculture. 
(2) AMOUNTS.—The amount of the grants shall 
be— 
(A) $500,000 to each of the several States; 
and 
(B) $250,000 to each of the Common-
wealth of Puerto Rico and the District of Co-
lumbia. 
(c) GRANTS FOR VALUE OF PRODUCTION.—The Sec-
retary shall use $74,500,000 of funds of the Commodity 
Credit Corporation to make a grant to each of the several 
States in an amount equal to the product obtained by mul-
tiplying— 
(1) the share of the State of the total value of 
specialty crop, livestock, and dairy production of the 
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United States for the 2004 crop year, as determined 
by the Secretary; by 
(2) $74,500,000. 
(d) SPECIAL CROP AND LIVESTOCK PRIORITY.—As 
a condition on the receipt of a grant under this section, 
a State shall agree to give priority to the support of spe-
cialty crops and livestock in the use of the grant funds. 
(e) USE OF FUNDS.—A State may use funds from 
a grant awarded under this section— 
(1) to supplement State food bank programs or 
other nutrition assistance programs; 
(2) to promote the purchase, sale, or consump-
tion of agricultural products; 
(3) to provide economic assistance to agricul-
tural producers, giving a priority to the support of 
specialty crops and livestock; or 
(4) for other purposes as determined by the 
Secretary. 
SEC. 202. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS. 
The Secretary shall make a supplemental economic 
loss payment to any producer on a farm that received a 
direct payment for crop year 2005 under title I of the 
Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 7901 et seq.) at a rate equal to the product ob-
tained by multiplying— 
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(1) 30 percent of the direct payment rate in ef-
fect for the program crop of the farmer; 
(2) 85 percent of the program crop base of the 
farmer; and 
(3) the program payment yield for each pro-
gram crop of the farmer. 
SEC. 203. REDUCTION IN PAYMENTS. 
The amount of any payment for which a producer is 
eligible under this subtitle shall be reduced by any amount 
received 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 on 
January 26, 2006. 
TITLE III—FORESTRY 
SEC. 301. TREE ASSISTANCE PROGRAM. 
(a) DEFINITION OF TREE.—In this section, the term 
‘‘tree’’ includes a tree (including a Christmas tree, orna-
mental tree, nursery tree, and potted tree), bush (includ-
ing a shrub), and vine. 
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(b) PROGRAM.—Except as otherwise provided in this 
section, the Secretary shall use such sums as are necessary 
of the funds of the Commodity Credit Corporation to pro-
vide assistance under the tree assistance program estab-
lished under sections 10201 through 10203 of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 
8201 et seq.) to— 
(1) producers who suffered tree losses in hurri-
cane-affected counties; and 
(2) fruit and tree nut producers in hurricane- 
affected counties for site preparation, replacement, 
rehabilitation, and pruning. 
(c) COSTS.—Funds made available under this section 
shall also be made available to cover costs associated with 
tree pruning, tree rehabilitation, and other appropriate 
tree-related activities as determined by the Secretary. 
(d) 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. 
TITLE IV—CONSERVATION 
SEC. 401. NATURAL RESOURCES CONSERVATION SERVICE. 
(a) AUTHORITY
TO CLEAR DEBRIS
AND ANIMAL 
CARCASSES.—Notwithstanding any other provision of law, 
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the Secretary, acting through the Natural Resources Con-
servation Service, using funds made available for the 
emergency watershed protection program established 
under section 403 of the Agricultural Credit Act of 1978 
(16 U.S.C. 2203), may provide financial and technical as-
sistance to remove and dispose of debris and animal car-
casses that could adversely affect health and safety on 
non-Federal land in a hurricane-affected county. 
(b) AUTHORITY TO USE CERTAIN PRACTICES.—Not-
withstanding any other provision of law, the Secretary, 
acting through the Natural Resources Conservation Serv-
ice, may use direct check-writing practices and electronic 
transfers to provide financial and technical assistance 
under the emergency watershed protection program estab-
lished under section 403 of the Agricultural Credit Act 
of 1978 (16 U.S.C. 2203) in a hurricane-affected county. 
SEC. 402. EMERGENCY WATERSHED PROTECTION PRO-
GRAM. 
The Secretary shall use an additional $108,500,000 
of funds of the Commodity Credit Corporation to carry 
out emergency measures identified by the Chief of the 
Natural Resources Conservation Service as of the date of 
enactment of this Act through the emergency watershed 
protection program established under section 403 of the 
Agricultural Credit Act of 1978 (16 U.S.C. 2203). 
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SEC. 403. EMERGENCY CONSERVATION PROGRAM. 
The Secretary shall use an additional $17,000,000 of 
funds of the Commodity Credit Corporation to carry out 
emergency measures identified by the Administrator of the 
Farm Service Agency as of the date of enactment of this 
Act through the emergency conservation program estab-
lished under title IV of the Agricultural Credit Act of 1978 
(16 U.S.C. 2201 et seq.). 
TITLE V—FARM SERVICE 
AGENCY 
SEC. 501. FUNDING FOR ADDITIONAL PERSONNEL. 
The Secretary shall use $23,000,000 of funds of the 
Commodity Credit Corporation to hire additional County 
Farm Service Agency personnel— 
(1) to expedite the implementation of, and de-
livery under, the agricultural disaster and economic 
assistance programs under this title; and 
(2) as the Secretary determines to be necessary 
to carry out other agriculture and disaster assist-
ance programs. 
TITLE VI—MISCELLANEOUS 
SEC. 601. AUTHORITY TO PROVIDE IMMUNIZATIONS. 
Notwithstanding any other provision of law, the Sec-
retary of Defense may provide immunizations to employ-
ees of the Department of Agriculture involved in direct 
recovery work in a hurricane-affected county. 
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SEC. 602. WAIVER OF CERTAIN PROVISIONS. 
Notwithstanding any other provision of law, the Sec-
retary may provide assistance in a hurricane-affected 
county under the emergency conservation program estab-
lished under title IV of the Agricultural Credit Act of 1978 
(16 U.S.C. 2201 et seq.) without regard to subtitle C of 
title XII of the Food Security Act of 1985 (16 U.S.C. 
3821 et seq.). 
SEC. 603. FUNDING. 
The Secretary shall use the funds, facilities, and au-
thorities of the Commodity Credit Corporation to carry 
out this title, to remain available until expended. 
SEC. 604. REGULATIONS. 
(a) IN GENERAL.—The Secretary may promulgate 
such regulations as are necessary to implement this title. 
(b) PROCEDURE.—The promulgation of the regula-
tions and administration of this title 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 
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