I 
109TH CONGRESS 
1ST SESSION H. R. 4330 
To provide assistance to agricultural producers whose operations were severely 
damaged by the hurricanes of 2005. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2005 
Mr. MARIO DIAZ-BALART of Florida (for himself, Mr. PUTNAM, Ms. ROS- 
LEHTINEN, Mr. FOLEY, Ms. WASSERMAN SCHULTZ, Mr. LINCOLN DIAZ- 
BALART of Florida, Ms. CORRINE BROWN of Florida, Mr. MILLER of 
Florida, Mr. BONNER, Mr. SHAW, Ms. HARRIS, and Mr. MEEK of Flor-
ida) introduced the following bill; which was referred to the Committee 
on Agriculture, and in addition to the Committees on the Budget, Ways 
and Means, and Resources, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To provide assistance to agricultural producers whose 
operations were severely damaged by the hurricanes of 2005. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Agriculture Hurricane Recovery Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—CROP ASSISTANCE 
Sec. 101. Crop disaster assistance. 
Sec. 102. Nursery crops and tropical fruit producers. 
Sec. 103. Citrus and vegetable assistance. 
Sec. 104. Sugar producers. 
TITLE II—LIVESTOCK ASSISTANCE 
Sec. 201. Livestock assistance program. 
TITLE III—FORESTRY 
Sec. 301. Tree assistance program. 
TITLE IV—CONSERVATION 
Sec. 401. Emergency conservation program. 
TITLE V—LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS 
Sec. 501. Emergency grants for low-income migrant and seasonal farmworkers. 
TITLE VI—FISHERIES 
Sec. 601. Fisheries assistance. 
TITLE VII—TIMBER TAX RELIEF 
Sec. 701. Timber tax relief for businesses affected by certain natural disasters. 
TITLE VIII—MISCELLANEOUS 
Sec. 801. Infrastructure losses. 
Sec. 802. Commodity Credit Corporation. 
Sec. 803. Emergency designation. 
Sec. 804. Regulations. 
SEC. 2. DEFINITIONS. 
Except as otherwise provided in this Act, in this Act: 
(1) ADDITIONAL COVERAGE.—The term ‘‘addi-
tional coverage’’ has the meaning given the term in 
section 502(b) of the Federal Crop Insurance Act (7 
U.S.C. 1502(b)). 
(2) 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)). 
(3) DISASTER
COUNTY.—The term ‘‘disaster 
county’’ means a county included in the geographic 
area covered by a natural disaster declaration due to 
hurricanes in calendar year 2005— 
(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 
hurricanes in calendar year 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.). 
(4) 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.). 
(5) 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).
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
TITLE I—CROP ASSISTANCE 
SEC. 101. CROP DISASTER ASSISTANCE. 
(a) EMERGENCY ASSISTANCE.— 
(1) IN GENERAL.—The Secretary shall use such 
sums as are necessary of funds of the Commodity 
Credit Corporation to make emergency assistance 
under this section to producers on a farm or aqua-
culture operation (other than producers of sugar-
cane) that meet the eligibility criteria of paragraph 
(2) in the same manner as provided under section 
815 of the Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Ap-
propriations Act, 2001 (Public Law 106–387; 114 
Stat. 1549A–55), including using the same loss 
thresholds for quantity and quality losses as were 
used in administering that section. 
(2) ELIGIBILITY CRITERIA.—For producers de-
scribed in paragraph (1) to be eligible for emergency 
assistance under this section— 
(A) the farm or aquaculture operation 
must be located in a disaster county; and 
(B) the producers must have incurred 
qualifying crop or quality losses with respect to
the 2004, 2005, or 2006 crop (as elected by a 
producer), but limited to only 1 such crop, due 
to damaging weather or related condition, as 
determined by the Secretary. 
(3) LIMITATION.—Qualifying crop losses for the 
2006 crop are limited to only those losses caused by 
a hurricane or tropical storm occurring during the 
2005 hurricane season in disaster counties. 
(b) INELIGIBILITY FOR ASSISTANCE.—Except as pro-
vided in subsection (c), the producers on a farm shall not 
be eligible for assistance under this section with respect 
to losses to an insurable commodity or noninsurable com-
modity 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 
Reform Act of 1996 (7 U.S.C. 7333) for the crop 
incurring the losses;
(3) had an average adjusted gross income (as 
defined in section 1001D of the Food Security Act 
of 1985 (7 U.S.C. 1308–3a)) of greater than 
$2,500,000; or 
(4) were not in compliance with highly erodible 
land conservation and wetland conservation provi-
sions under subtitles B and C of title XII of the 
Food Security Act of 1985 (16 U.S.C. 3811 et seq.). 
(c) CONTRACT WAIVER.—The Secretary may waive 
subsection (b) with respect to the producers on a farm 
if the producers enter into a contract with the Secretary 
under which the producers agree— 
(1) in the case of all insurable commodities pro-
duced on the farm for each of the next 2 crop 
years— 
(A) to obtain additional coverage 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 
produced on the farm for each of the next 2 crop or 
calendar years, as applicable—