[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4031 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4031

  To provide assistance to nursery crop and tropical fruit producers 
   whose agricultural operations were severely damaged by Hurricane 
         Dennis, Hurricane Katrina, or Hurricane Rita in 2005.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2005

Mr. Mario Diaz-Balart of Florida (for himself, Mr. Putnam, Ms. Harris, 
 Mr. Foley, Ms. Wasserman Schultz, Mr. Lincoln Diaz-Balart of Florida, 
   Mr. Miller of Florida, Mr. Meek of Florida, and Ms. Ros-Lehtinen) 
 introduced the following bill; which was referred to the Committee on 
  Agriculture, and in addition to the Committee on the Budget, 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 nursery crop and tropical fruit producers 
   whose agricultural operations were severely damaged by Hurricane 
         Dennis, Hurricane Katrina, or Hurricane Rita in 2005.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nursery and Tropical Fruit Producer 
Hurricane Relief Act''.

SEC. 2. CROP DISASTER ASSISTANCE FOR NURSERY CROP AND TROPICAL FRUIT 
              PRODUCERS.

    (a) Emergency Financial Assistance.--Notwithstanding section 
508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the 
Secretary of Agriculture shall use such sums as are necessary of funds 
of the Commodity Credit Corporation to make emergency financial 
assistance available to--
            (1) commercial ornamental nursery and fernery producers in 
        a disaster county for eligible inventory losses due to 
        Hurricane Dennis, Hurricane Katrina, or Hurricane Rita; and
            (2) tropical fruit producers in a disaster county who have 
        suffered a loss of 35 percent or more relative to their 
        expected production, as defined in part 1480.3 of title 7, Code 
        of Federal Regulations, due to Hurricane Dennis, Hurricane 
        Katrina, or Hurricane Rita.
    (b) Administration.--
            (1) Determination of commercial operations.--For a nursery 
        or fernery producer to be considered a commercial operation for 
        purposes of subsection (a)(1) or (d)(1), the producer must be 
        registered in the State in which the producer conducts 
        business.
            (2) Determination of eligible inventory.--For purposes of 
        subsection (a)(1), eligible nursery and fernery inventory 
        includes foliage, floriculture, and woody ornamental crops, 
        including stock used for propagation, and fruit or nut 
        seedlings grown for sale as seed stock for commercial orchard 
        operations growing fruit or nuts. Eligible inventory does not 
        include edible varieties or plants produced for reforestation 
        purposes or for the purpose of producing a crop that is neither 
        an insurable commodity nor a noninsurable commodity.
    (c) Calculation of Losses and Payments.--
            (1) Nursery and fernery producers.--For purposes of 
        subsection (a)(1), inventory losses for a nursery or fernery 
        producer shall be determined on an individual-nursery or 
        fernery basis, and the Secretary shall not offset inventory 
        losses at one nursery or fernery location by salvaged inventory 
        at another nursery or fernery operated by the same producer. 
        Payment amounts shall be equal to the product obtained by 
        multiplying--
                    (A) the difference between the pre-disaster and 
                post-disaster inventory value, as determined by the 
                Secretary using the producer's wholesale price list, 
                less the maximum customer discount provided by the 
                producer, and not to exceed the prices in the 
                Department of Agriculture publication entitled 
                ``Eligible Plant List and Price Schedule'';
                    (B) 25 percent; and
                    (C) the producer's share of the loss.
            (2) Tropical fruit producers.--For purposes of subsection 
        (a)(2), payment amounts for a tropical fruit producer shall be 
        equal to the product obtained by multiplying--
                    (A) the number of acres affected;
                    (B) the payment rate; and
                    (C) the producer's share of the crop.
            (3) Payment limitation.--The total amount of payments to a 
        person (defined as provided in section 1001(e) of Food Security 
        Act of 1985 (7 U.S.C. 1308)) under paragraph (1) or (2) of 
        subsection (a) may not exceed $80,000.
    (d) Debris-Removal Assistance.--
            (1) Availability of assistance.--The Secretary shall use 
        such sums as are necessary of funds of the Commodity Credit 
        Corporation to make emergency financial assistance available to 
        commercial ornamental nursery and fernery producers in a 
        disaster county to help cover costs incurred for debris removal 
        and associated cleanup due to Hurricane Dennis, Hurricane 
        Katrina, or Hurricane Rita.
            (2) Amount of assistance.--Assistance under this subsection 
        may not exceed the actual costs incurred by the producer or 
        $250 per acre, whichever is less. The Secretary shall not 
        impose any limitation on the maximum amount of payments that a 
        producer may receive under this subsection.
    (e) Nondiscrimination.--In carrying out this section, the Secretary 
shall not discriminate against or penalize producers who did not 
purchase crop insurance under the Federal Crop Insurance Act (7 U.S.C. 
1501 et seq.) with respect to an insurable commodity or did not file 
the required paperwork, and pay the administrative fee by the 
applicable State filing deadline, for assistance under section 196 of 
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
7333) with respect to a noninsurable commodity, except that payment 
rates under this section shall be five percent less for such producers 
and the producers must comply with subsection (f).
    (f) Contract to Procure Crop Insurance or NAP.--In the case of a 
producer described in subsection (e) who receives any assistance under 
this section, the producer shall be required to enter into a contract 
with the Secretary under which the producer agrees--
            (1) in the case of all insurable commodities grown by the 
        producer during the next available coverage period--
                    (A) to obtain at least catastrophic risk protection 
                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 contract, to 
                repay to the Secretary any payment received under this 
                section; and
            (2) in the case of all noninsurable commodities grown by 
        the producer during the next available coverage period--
                    (A) to file the required paperwork, and pay the 
                administrative fee by the applicable State filing 
                deadline, for those commodities under section 196 of 
                the Federal Agriculture Improvement and Reform Act of 
                1996 (7 U.S.C. 7333); and
                    (B) in the event of violation of the contract, to 
                repay to the Secretary any payment received under this 
                section.
    (g) Relation to Other Assistance.--
            (1) Link to actual losses.--Assistance provided under 
        subsection (a) to a producer for losses to a crop, together 
        with the amounts specified in paragraph (2) applicable to the 
        same crop, may not exceed 100 percent of what the value of the 
        crop would have been in the absence of the losses, as estimated 
        by the Secretary.
            (2) Other payments.--In applying the limitation in 
        paragraph (1), the Secretary shall include the following:
                    (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) Assistance received under any other emergency 
                crop loss authority.
                    (C) The value of the crop that was not lost (if 
                any), as estimated by the Secretary.
    (h) Adjusted Gross Income Limitation.--The adjusted gross income 
limitation, specified in section 1001D of the Food Security Act of 1985 
(7 U.S.C. 1308-3a), shall apply to the provision of assistance under 
this section.
    (i) Definitions.--In this section:
            (1) 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)).
            (2) Disaster county.--The term ``disaster county'' means a 
        county included in the geographic area covered by a natural 
        disaster declaration--
                    (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 Hurricane Dennis, Hurricane 
                Katrina, or Hurricane Rita in 2005; or
                    (B) made by the President under the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5121 et seq.) due to Hurricane Dennis, 
                Hurricane Katrina, or Hurricane Rita.
            (3) Insurable commodity.--The term ``insurable 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.).
            (4) 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 Improvement and Reform Act of 1996 (7 U.S.C. 7333).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 3. EMERGENCY CONSERVATION PROGRAM.

    (a) Specific Inclusion of Nursery and Fernery Producers.--Section 
405 of the Agricultural Credit Act of 1978 (16 U.S.C. 2205) is amended 
by adding at the end the following new sentence: ``For purposes of this 
title, the term `agricultural producer' includes a producer of nursery 
or fernery crops.''.
    (b) Application of Amendment.--The Secretary of Agriculture shall 
implement the amendment made by subsection (a) beginning in counties 
declared to be disaster areas by the President or the Secretary due to 
Hurricane Dennis, Hurricane Katrina, or Hurricane Rita.

SEC. 4. TREE ASSISTANCE PROGRAM.

    (a) Specific Inclusion of Nursery Trees.--Sections 10201 of the 
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201) is 
amended by striking paragraph (1) and inserting the following new 
paragraph:
            ``(1) Eligible orchardist.--The term `eligible orchardist' 
        means--
                    ``(A) a person that produces annual crops from 
                trees for commercial purposes; or
                    ``(B) a nursery grower that produces field-grown 
                trees, container-grown trees, or both, whether or not 
                the trees produce an annual crop, intended for 
                replanting after commercial sale.''.
    (b) Application of Amendment.--The Secretary of Agriculture shall 
implement the amendment made by subsection (a) beginning in counties 
declared to be disaster areas by the President or the Secretary due to 
Hurricane Dennis, Hurricane Katrina, or Hurricane Rita.

SEC. 5. ADMINISTRATION.

    The Secretary of Agriculture shall use the funds, facilities, and 
authorities of the Commodity Credit Corporation to carry out this Act, 
and such funds shall remain available until expended.

SEC. 6. REGULATIONS.

    (a) In General.--The Secretary of Agriculture may promulgate such 
regulations as are necessary to implement this Act and the amendments 
made by this Act.
    (b) Procedure.--The promulgation of the regulations and 
administration of this Act and the amendments made by this Act 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 carrying out 
this section, the Secretary of Agriculture shall use the authority 
provided under section 808 of title 5, United States Code.

SEC. 7. EMERGENCY DESIGNATION.

    The amounts provided under this Act or under amendments made by 
this Act to respond to Hurricane Dennis, Hurricane Katrina, or 
Hurricane Rita are designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress).
                                 <all>