[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5363 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5363

To provide assistance to agricultural producers for crop and livestock 
 losses resulting from recent, catastrophic natural disasters, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2006

  Mr. Lucas 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 agricultural producers for crop and livestock 
 losses resulting from recent, catastrophic natural disasters, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives 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 ``Natural Disaster 
Relief Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec.  1. Short title; table of contents.
Sec.  2. Definitions. 
                TITLE I--AGRICULTURAL PRODUCTION LOSSES

Sec.  101. Crop disaster assistance.
Sec.  102. Livestock assistance.
Sec.  103. Sugarcane and sugar beet disaster assistance.
Sec.  104. Specialty crops and nursery crops.
Sec.  105. Tree assistance program.
Sec.  106. Dairy assistance.
Sec.  107. Cottonseed. 
Sec.  108. Reduction in payments.
                         TITLE II--CONSERVATION

Sec.  201. Natural Resources Conservation Service.
Sec.  202. Emergency watershed protection program.
Sec.  203. Emergency conservation program.
Sec.  204. Additional funds for delivery of conservation-related 
                            technical assistance.
                     TITLE III--FARM SERVICE AGENCY

Sec.  301. Funding for additional personnel.
                        TITLE IV--MISCELLANEOUS

Sec.  401. Regulations. 
Sec.  402. Emergency designation.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Additional coverage.--The term ``additional coverage'' 
        has the meaning given the term in section 502(b)(1) of the 
        Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
            (2) Disaster county.--The term ``disaster county'' means--
                    (A) a county included in the geographic area 
                covered by a natural disaster declaration; and
                    (B) each county contiguous to a county described in 
                subparagraph (A).
            (3) Hurricane-affected county.--The term ``hurricane-
        affected county'' means--
                    (A) a county included in the geographic area 
                covered by a natural disaster declaration related to 
                Hurricane Katrina, Hurricane Rita, Hurricane Wilma, or 
                a related condition; and
                    (B) each county contiguous to a county described in 
                subparagraph (A).
            (4) Insurable commodity.--The term ``insurable commodity'' 
        means an agricultural commodity (excluding livestock) for which 
        the producers on a farm are eligible to obtain a policy or plan 
        of insurance under the Federal Crop Insurance Act (7 U.S.C. 
        1501 et seq.).
            (5) Natural disaster declaration.--The term ``natural 
        disaster declaration'' means--
                    (A) a natural disaster declared by the Secretary--
                            (i) during calendar year 2005 under section 
                        321(a) of the Consolidated Farm and Rural 
                        Development Act (7 U.S.C. 1961(a)); or
                            (ii) during calendar year 2006 under that 
                        section, but only if the declaration was made 
                        before the date of the enactment of this Act or 
                        a request for such a declaration was pending as 
                        of that date and the declaration is 
                        subsequently made; or
                    (B) a major disaster or emergency designated by the 
                President--
                            (i) during calendar year 2005 under the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5121 et 
                        seq.); or
                            (ii) during calendar year 2006 under that 
                        Act, but only if the designation was made 
                        before the date of the enactment of this Act or 
                        a request for such a designation was pending as 
                        of that date and the designation is 
                        subsequently made.
            (6) Noninsurable commodity.--The term ``noninsurable 
        commodity'' means a crop for which the producers on a farm are 
        eligible to obtain assistance under section 196 of the Federal 
        Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

                TITLE I--AGRICULTURAL PRODUCTION LOSSES

SEC. 101. CROP DISASTER ASSISTANCE.

    (a) Assistance Available.--The Secretary shall use such sums as are 
necessary of funds of the Commodity Credit Corporation to make 
emergency financial assistance available to producers on a farm, other 
than producers of sugar cane or sugar beets, that incurred qualifying 
quantity or quality losses for--
            (1) the 2005 crop due to damaging weather or any related 
        condition (including losses due to crop diseases, insects, and 
        delayed harvest), as determined by the Secretary; and
            (2) the 2006 crop due to damaging weather or any related 
        condition (including losses due to crop diseases, insects, and 
        delayed harvest), as determined by the Secretary, with respect 
        to which a natural disaster declaration is made.
    (b) Election of Crop Year.--If a producer incurred qualifying crop 
losses in both the 2005 and 2006 crop years, the producer shall elect 
to receive assistance under this section for losses incurred in either 
the 2005 crop year or the 2006 crop year, but not both crop years.
    (c) Administration.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall make assistance available under this section in 
        the same manner as provided under section 815 of the 
        Agriculture, Rural Development, Food and Drug Administration 
        and Related Agencies Appropriations Act, 2001 (Public Law 106-
        387; 114 Stat. 1549A-55), including using the same loss 
        thresholds for quantity and economic losses as were used in 
        administering that section, except that the payment rate shall 
        be 50 percent of the established price, instead of 65 percent.
            (2) Loss thresholds for quality losses.--In the case of a 
        payment for quality loss for a crop under subsection (a), the 
        loss thresholds for quality loss for the crop shall be 
        determined under subsection (d).
    (d) Quality Losses.--
            (1) In general.--Subject to paragraph (3), the amount of a 
        payment made to producers on a farm for a quality loss for a 
        crop under subsection (a) shall be equal to the amount obtained 
        by multiplying--
                    (A) 65 percent of the payment quantity determined 
                under paragraph (2); by
                    (B) 50 percent of the payment rate determined under 
                paragraph (3).
            (2) Payment quantity.--For the purpose of paragraph (1)(A), 
        the payment quantity for quality losses for a crop of a 
        commodity on a farm shall equal the lesser of--
                    (A) the actual production of the crop affected by a 
                quality loss of the commodity on the farm; or
                    (B) the quantity of expected production of the crop 
                affected by a quality loss of the commodity on the 
                farm, using the formula used by the Secretary to 
                determine quantity losses for the crop of the commodity 
                under subsection (a).
            (3) Payment rate.--For the purpose of paragraph (1)(B) and 
        in accordance with paragraphs (5) and (6), the payment rate for 
        quality losses for a crop of a commodity on a farm shall be 
        equal to the difference between--
                    (A) the per unit market value that the units of the 
                crop affected by the quality loss would have had if the 
                crop had not suffered a quality loss; and
                    (B) the per unit market value of the units of the 
                crop affected by the quality loss.
            (4) Eligibility.--For producers on a farm to be eligible to 
        obtain a payment for a quality loss for a crop under subsection 
        (a), the amount obtained by multiplying the per unit loss 
        determined under paragraph (1) by the number of units affected 
        by the quality loss shall be at least 25 percent of the value 
        that all affected production of the crop would have had if the 
        crop had not suffered a quality loss.
            (5) Marketing contracts.--In the case of any production of 
        a commodity that is sold pursuant to 1 or more marketing 
        contracts (regardless of whether the contract is entered into 
        by the producers on the farm before or after harvest) and for 
        which appropriate documentation exists, the quantity designated 
        in the contracts shall be eligible for quality loss assistance 
        based on the 1 or more prices specified in the contracts.
            (6) Other production.--For any additional production of a 
        commodity for which a marketing contract does not exist or for 
        which production continues to be owned by the producer, quality 
        losses shall be based on the average local market discounts for 
        reduced quality, as determined by the appropriate State 
        committee of the Farm Service Agency.
            (7) Quality adjustments and discounts.--The appropriate 
        State committee of the Farm Service Agency shall identify the 
        appropriate quality adjustment and discount factors to be 
        considered in carrying out this subsection, including--
                    (A) the average local discounts actually applied to 
                a crop; and
                    (B) the discount schedules applied to loans made by 
                the Farm Service Agency or crop insurance coverage 
                under the Federal Crop Insurance Act (7 U.S.C. 1501 et 
                seq.).
            (8) Eligible production.--The Secretary shall carry out 
        this subsection in a fair and equitable manner for all eligible 
        production, including the production of fruits and vegetables, 
        other specialty crops, and field crops.
    (e) Payment Limitations.--
            (1) Limit on amount of assistance.--Assistance provided 
        under this section to a producer for losses to a crop, together 
        with the amounts specified 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.
            (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) The value of the crop that was not lost (if 
                any), as estimated by the Secretary
    (f) Eligibility for Assistance.--
            (1) In general.--Except as provided in paragraph (2), 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--
                    (A) in the case of an insurable commodity, did not 
                obtain a policy or plan of insurance for the insurable 
                commodity under the Federal Crop Insurance Act (7 
                U.S.C. 1501 et seq.) for the crop incurring the losses;
                    (B) in the case of a noninsurable commodity, did 
                not file the required paperwork, and pay the 
                administrative fee by the applicable State filing 
                deadline, 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;
                    (C) had average adjusted gross income (as defined 
                by section 1001D(a) of the Food Security Act of 1985 (7 
                U.S.C. 1308-3a(a)), of greater than $2,500,000 in 2004; 
                or
                    (D) were not in compliance with highly erodible 
                land conservation and wetland conservation provisions.
            (2) Contract waiver.--The Secretary may waive paragraph (1) 
        with respect to the producers on a farm if the producers enter 
        into a contract with the Secretary under which the producers 
        agree--
                    (A) in the case of an insurable commodity, to 
                obtain a policy or plan of insurance under the Federal 
                Crop Insurance Act (7 U.S.C. 1501 et seq.) providing 
                additional coverage for the insurable commodity for 
                each of the next 2 crops, at a coverage level that 
                provides--
                            (i) not less than 65 percent of the actual 
                        production history for the crop produced on the 
                        farm; and
                            (ii) 100 percent of the expected market 
                        price or a comparable coverage (as determined 
                        by the Federal Crop Insurance Corporation); and
                    (B) in the case of a noninsurable commodity, to 
                file the required paperwork and pay the administrative 
                fee by the applicable State filing deadline, for the 
                noninsurable commodity for each of the next 2 crops 
                under section 196 of the Federal Agriculture 
                Improvement and Reform Act of 1996 (7 U.S.C. 7333).
            (3) Effect of violation.--In the event of the violation of 
        a contract under paragraph (2) by a producer, the producer 
        shall reimburse the Secretary for the full amount of the 
        assistance provided to the producer under this section.
    (g) Timing.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        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 
        application for the payments.
            (2) Interest.--If the Secretary does not make payments to 
        the producers on a farm by the date described 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 
        deadline established by the Secretary) market yield on 
        outstanding, marketable obligations of the United States with 
        maturities of 30 years.

SEC. 102. LIVESTOCK ASSISTANCE.

    (a) Livestock Compensation Program.--
            (1) Use of commodity credit corporation funds.--Effective 
        beginning on the date of enactment of this Act, the Secretary 
        shall use funds of the Commodity Credit Corporation to carry 
        out the 2002 Livestock Compensation Program announced by the 
        Secretary on October 10, 2002 (67 Fed. Reg. 63070), to provide 
        compensation for livestock losses during calendar years 2005 
        and 2006 for losses that occurred prior to the date of 
        enactment of this Act (including wildfire disaster losses in 
        the State of Texas and other States) due to a disaster, as 
        determined by the Secretary, except that the payment rate shall 
        be 75 percent of the payment rate established for the 2002 
        Livestock Compensation Program.
            (2) Eligible applicants.--In carrying out the program 
        described in paragraph (1), the Secretary shall provide 
        assistance to any applicant that--
                    (A)(i) conducts a livestock operation that is 
                located in a disaster county, including any applicant 
                conducting a livestock operation with eligible 
                livestock (within the meaning of the livestock 
                assistance program under section 101(b) of division B 
                of Public Law 108-324 (118 Stat. 1234)); or
                    (ii) produces 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)); and
                    (B) meets all other eligibility requirements 
                established by the Secretary for the program.
            (3) Election of losses.--If a producer incurred livestock 
        losses in both calendar years 2005 and 2006, the producer shall 
        elect to receive payments under this subsection for losses 
        incurred in either calendar year 2005 or calendar year 2006, 
        but not both calendar years.
            (4) Mitigation.--In determining the eligibility for or 
        amount of payments for which a producer is eligible under the 
        livestock compensation program, the Secretary shall not 
        penalize a producer that takes actions (recognizing disaster 
        conditions) that reduce the average number of livestock the 
        producer owned for grazing during the production year for which 
        assistance is being provided.
            (5) Limitation.--The Secretary shall ensure, to the maximum 
        extent practicable, that no producer on a farm receives 
        duplicative payments under this subsection and another Federal 
        program with respect to any loss.
    (b) Livestock Indemnity Payments.--
            (1) In general.--The Secretary shall use such sums as are 
        necessary of funds of the Commodity Credit Corporation to make 
        livestock indemnity payments to producers on farms that have 
        incurred livestock losses during calendar years 2005 and 2006 
        for losses that occurred prior to the date of enactment of this 
        Act (including wildfire disaster losses in the State of Texas 
        and other States) due to a disaster, as determined by the 
        Secretary, including losses due to hurricanes, floods, anthrax, 
        and wildfires.
            (2) Election of losses.--If a producer incurred livestock 
        losses in both calendar years 2005 and 2006, the producer shall 
        elect to receive payments under this subsection for losses 
        incurred in either calendar year 2005 or calendar year 2006, 
        but not both calendar years.
            (3) Payment rates.--Indemnity payments to a producer on a 
        farm under paragraph (1) shall be made at a rate of not less 
        than 30 percent of the market value of the applicable livestock 
        on the day before the date of death of the livestock, as 
        determined by the Secretary.
    (c) Livestock Indemnity Program for Contract Growers.--
            (1) In general.--Subject to subsection (d), the Secretary 
        shall use funds of the Commodity Credit Corporation to 
        establish a program to assist poultry producers in hurricane-
        affected counties that suffered income losses.
            (2) Terms and conditions.--The program established under 
        paragraph (1) shall contain similar terms and conditions as the 
        terms and conditions used for the livestock indemnity program 
        for contract growers described in subpart E of chapter XIV of 
        title 7, Code of Federal Regulations (as in effect on January 
        1, 2002).
    (d) Limit on Amount of Assistance.--The Secretary 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. 103. SUGARCANE AND SUGAR BEET DISASTER ASSISTANCE.

    (a) Florida.--The Secretary of Agriculture shall use $120,000,000 
of funds of the Commodity Credit Corporation 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 calendar year 2005, by an agreement on the same terms 
and conditions, to the maximum extent practicable, as the payments made 
under section 102 of the Emergency Supplemental Appropriations for 
Hurricane Disasters Assistance Act of 2005 (Public Law 108-324; 118 
Stat. 1235), including 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 agreement under that section.
    (b) Louisiana.--
            (1) Compensation for losses.--The Secretary shall use the 
        funds, facilities, and authorities of the Commodity Credit 
        Corporation to make $120,000,000 in payments to first 
        processors of sugarcane that operate in a disaster county in 
        Louisiana, 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 Improvement 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 Hurricane 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 commodities to the 
                processor in a manner that reflects contracts entered 
                into between the processor and the producers, except 
                with respect to a portion of the amount of total 
                assistance described under paragraph (1) necessary to 
                compensate affected producers for individual losses 
                experienced 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 processor to 
                the affected producers without regard to contractual 
                share arrangements; and
                    (B) made available under such terms and conditions 
                as the Secretary determines are necessary 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 production losses (including quality losses) 
for the 2005 crop year.
    (d) Requirement.--The Secretary shall make payments under 
subsection (c) in the same manner as payments 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 sugarcane growers in Texas by 
making a payment in that amount to the Rio Grande Valley Sugar Growers, 
a farmer-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 conditions.
    (f) Hawaii.--The Secretary shall use $6,000,000 of funds of the 
Commodity Credit Corporation to assist sugarcane growers in Hawaii by 
making a payment in that amount to an agricultural transportation 
cooperative in Hawaii, the members of which 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)).
    (g) Limit on Amount of Assistance.--The Secretary 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. 104. SPECIALTY CROPS AND NURSERY CROPS.

    (a) In General.--The Secretary shall use funds of the Commodity 
Credit Corporation to provide assistance to producers of specialty 
crops and nursery crops in hurricane-affected counties.
    (b) Administration.--
            (1) In general.--Assistance required by subsection (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 Florida 
        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 disaster programs (69 Fed. Reg. 63134 (October 
        29, 2004)).
            (2) Loss of records.--Due to the complete destruction of 
        the business records of many producers, the Secretary shall use 
        the best available information in determining eligibility, 
        determining losses, and calculating payment amounts under this 
        section.
    (c) Limit on Amount of Assistance.--The Secretary 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. TREE ASSISTANCE PROGRAM.

    (a) Definition of Tree.--In this section, the term ``tree'' 
includes a tree (including a Christmas tree, ornamental tree, nursery 
tree, and potted tree), bush (including a shrub), and vine.
    (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 provide assistance under the tree 
assistance program established 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 hurricane-
        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 Secretary 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. 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) 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-affected counties.
    (b) Terms and Conditions.--Assistance under subsection (a) shall be 
provided 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 specifically for cottonseed 
        was not authorized.

SEC. 108. REDUCTION IN PAYMENTS.

    The amount of any payment for which a producer is eligible under 
this title 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--CONSERVATION

SEC. 201. NATURAL RESOURCES CONSERVATION SERVICE.

    (a) Assistance to Clear Debris and Animal Carcasses.--
            (1) Authority to provide assistance.--Notwithstanding any 
        other provision of law, the Secretary may provide financial and 
        technical assistance to remove and dispose of debris and 
        livestock carcasses that could adversely affect health and 
        safety on non-Federal land in a hurricane-affected county or a 
        disaster county.
            (2) Provision of assistance; funding source.--The Secretary 
        shall carry out this subsection acting through the Natural 
        Resources Conservation Service and 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).
            (3) Election of losses.--If an applicant for assistance 
        under this subsection incurred debris and livestock damage in 
        both calendar years 2005 and 2006, the applicant shall elect to 
        receive assistance under this subsection for damages incurred 
        in either calendar year 2005 or calendar year 2006, but not 
        both calendar years.
    (b) Authority to Mitigate Effects of Saltwater.--Notwithstanding 
any other provision of law, the Secretary, acting through the Natural 
Resources Conservation Service and using funds made available for the 
emergency conservation program established under title IV of the 
Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.), may provide 
financial and technical assistance to mitigate the effects of saltwater 
intrusion.
    (c) Authority to Use Certain Practices.--Notwithstanding any other 
provision of law, the Secretary, acting through the Natural Resources 
Conservation Service, may use direct check-writing practices and 
electronic transfers to provide financial and technical assistance 
under the emergency watershed protection program established under 
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) in 
a hurricane-affected county.

SEC. 202. EMERGENCY WATERSHED PROTECTION PROGRAM.

    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).

SEC. 203. 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 
established under title IV of the Agricultural Credit Act of 1978 (16 
U.S.C. 2201 et seq.). Notwithstanding any other provision of law, the 
Secretary may provide assistance in a hurricane-affected county under 
the emergency conservation program without regard to subtitle C of 
title XII of the Food Security Act of 1985 (16 U.S.C. 3821 et seq.).

SEC. 204. ADDITIONAL FUNDS FOR DELIVERY OF CONSERVATION-RELATED 
              TECHNICAL ASSISTANCE.

    (a) Technical Assistance.--The Secretary shall use such sums as are 
necessary of the funds of the Commodity Credit Corporation to provide 
an additional $1,000,000 of technical assistance under section 1242 of 
the Food Security Act of 1985 (16 U.S.C. 3842) in each State that has a 
disaster county or hurricane-affected county.
    (b) Relationship to Other Law.--The use of Commodity Credit 
Corporation funds under subsection (a) to provide technical assistance 
shall not be considered an allotment or fund transfer from the 
Commodity Credit Corporation for purposes of the limit on expenditures 
for technical assistance imposed by section 11 of the Commodity Credit 
Corporation Charter Act (15 U.S.C. 714i).

                     TITLE III--FARM SERVICE AGENCY

SEC. 301. 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 delivery under, 
        the agricultural disaster and economic assistance programs 
        under this Act; and
            (2) as the Secretary determines to be necessary to carry 
        out other agriculture and disaster assistance programs.

                        TITLE IV--MISCELLANEOUS

SEC. 401. REGULATIONS.

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

SEC. 402. EMERGENCY DESIGNATION.

    The amounts provided under this Act are designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).
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