[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2009 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2009

 To provide assistance to agricultural producers whose operations were 
              severely damaged by the hurricanes of 2005.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2005

  Mr. Martinez (for himself and Mr. Nelson of Florida) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 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 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 ``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 ``additional 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 Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5121 et seq.).
            (4) 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.).
            (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 Improvement 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 aquaculture operation (other than producers of sugarcane) 
        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 
        Appropriations 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 described 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 provided 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 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 insurable commodity under 
        the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the 
        crop incurring the losses;
            (2) 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;
            (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 provisions 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 produced 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 contract, to 
                repay to the Secretary any payment received 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--
                    (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.
    (d) Payment Limitations.--
            (1) Limit on amount of assistance.--Assistance provided 
        under this section to the producers on a farm 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 Agriculture 
                Improvement and Reform Act of 1996 (7 U.S.C. 7333) that 
                the producers on the farm receive for losses to the 
                same crop.
                    (B) The value of the crop that was not lost (if 
                any), as estimated by the Secretary.
    (e) Crop Insurance Deductibles.--For the purpose of determining 
crop insurance payments under this section, the Secretary shall 
consider Hurricane Wilma as having occurred during the 2005 crop year.

SEC. 102. NURSERY CROPS 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 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 
        hurricanes in calendar year 2005; 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 section 1480.3 of title 7, 
        Code of Federal Regulations (or a successor regulation)) due to 
        hurricanes in calendar year 2005.
    (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 as a nursery or fernery producer 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--
                    (A) stock used for propagation; and
                    (B) fruit or nut seedlings grown for sale as seed 
                stock for commercial orchard operations growing fruit 
                or nuts.
    (c) Calculation of Losses and Payments.--
            (1) Nursery and fernery producers.--
                    (A) In general.--For purposes of subsection 
                (a)(1)--
                            (i) inventory losses for a nursery or 
                        fernery producer shall be determined on an 
                        individual-nursery or -fernery basis; and
                            (ii) the Secretary shall not offset 
                        inventory losses at 1 nursery or fernery 
                        location by salvaged inventory at another 
                        nursery or fernery operated by the same 
                        producer.
                    (B) Amount.--The amount of payment to a nursery or 
                fernery producer under subsection (a)(1) shall be equal 
                to the product obtained by multiplying (as determined 
                by the Secretary)--
                            (i) the difference between the pre-disaster 
                        and post-disaster inventory value, as 
                        determined by the Secretary using the wholesale 
                        price list of the producer, 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'';
                            (ii) 25 percent; and
                            (iii) the producer's share of the loss.
            (2) Tropical fruit producers.--The amount of a payment to a 
        tropical fruit producer under subsection (a)(2) shall be equal 
        to the product obtained by multiplying (as determined by the 
        Secretary)--
                    (A) the number of acres affected;
                    (B) the payment rate; and
                    (C) the producer's share of the crop.
            (3) Payment limitation.--The Secretary shall not impose any 
        payment limitation on an assistance payment made to a nursery, 
        fernery, or tropical fruit producer under paragraph (1) or (2) 
        of subsection (a).
    (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 hurricanes in calendar year 2005.
            (2) Amount of assistance.--
                    (A) In general.--Assistance under this subsection 
                may not exceed the actual costs incurred by the 
                producer for debris removal and cleanup or $250 per 
                acre, whichever is less.
                    (B) No additional payment limitations.--Except as 
                provided in subparagraph (A), the Secretary shall not 
                impose any limitation on the maximum amount of payments 
                that a producer may receive under this subsection.
    (e) Nondiscrimination.--
            (1) In general.--Except as provided in paragraph (2), in 
        carrying out this section, the Secretary shall not discriminate 
        against or penalize producers that 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.
            (2) Penalty.--In the case of a producer described in 
        paragraph (1)--
                    (A) payment rates under this section shall be 
                reduced by 5 percent; and
                    (B) the producer shall comply with subsection (f).
    (f) Contract to Procure Crop Insurance or NAP.--In the case of a 
producer described in subsection (e)(1) 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 average adjusted gross 
income limitation specified in section 1001D of the Food Security Act 
of 1985 (7 U.S.C. 1308-3a), shall apply to assistance provided under 
this section.

SEC. 103. CITRUS AND VEGETABLE ASSISTANCE.

    Notwithstanding any other provision of this Act or any other law, 
the Secretary shall use such sums as are necessary of funds of the 
Commodity Credit Corporation to make emergency financial assistance 
authorized under this section available to both citrus and vegetable 
producers to carry out an assistance program similar to the program 
entitled the ``Florida Citrus Disaster Program'', described at 69 Fed. 
Reg. 63134, October 29, 2004, Document No. 04-24290 (relating to 
Florida citrus, fruit, vegetable, and nursery crop disaster programs), 
except that qualifying crop losses shall be limited to those losses 
caused by a hurricane or tropical storm occurring during the 2005 
hurricane season in a disaster county.

SEC. 104. SUGAR PRODUCERS.

    The Secretary shall use $395,000,000 of the funds of the Commodity 
Credit Corporation to make payments to processors in Florida and 
Louisiana 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 that are related to hurricanes, tropical storms, excessive 
rains, and floods occurring during calendar year 2005, to be calculated 
and paid on the basis of losses on 40-acre harvesting units, in 
disaster counties, on the same terms and conditions, to the maximum 
extent practicable, as payments made under section 102 of the Emergency 
Supplemental Appropriations for Hurricane Disasters Assistance Act, 
2005 (Public Law 108-324; 118 Stat. 1235).

                     TITLE II--LIVESTOCK ASSISTANCE

SEC. 201. LIVESTOCK ASSISTANCE PROGRAM.

    (a) Emergency Financial Assistance.--
            (1) In general.--The Secretary shall use such sums as are 
        necessary of funds of the Commodity Credit Corporation to make 
        payments for livestock losses to producers for 2005 or 2006 
        losses (as elected by a producer), but not both, in a county 
        that has received an emergency disaster designation by the 
        President after January 1, 2004.
            (2) Restriction.--In determining eligibility for assistance 
        under this section, the Secretary shall not use the end date of 
        the normal grazing period to determine the threshold of a 90-
        day loss of carrying capacity.
    (b) Administration.--Except as provided in subsection (a), the 
Secretary shall make assistance available under this subsection in the 
same manner as provided under section 806 of the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51).
    (c) Mitigation.--In determining the eligibility for or amount of 
payments for which a producer is eligible under this section, the 
Secretary shall not penalize a producer that takes actions (including 
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.
    (d) Inclusion of Poultry.--In providing assistance under this 
section, the Secretary shall include poultry within the definition of 
``livestock''.

                          TITLE III--FORESTRY

SEC. 301. TREE ASSISTANCE PROGRAM.

    (a) Specific Inclusion of Nursery Trees, Christmas Trees, Timber 
and Forest Products.--Section 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:
            ``(1) Eligible orchardist.--The term `eligible orchardist' 
        means--
                    ``(A) a person that produces annual crops from 
                trees for commercial purposes;
                    ``(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; or
                    ``(C) a forest landowner who produces periodic 
                crops of timber, Christmas trees, or pecan trees for 
                commercial purposes.''.
    (b) Application of Amendment.--The Secretary shall apply the 
amendment made by subsection (a) beginning in disaster counties.
    (c) Cost-Sharing Waivers.--
            (1) Tree assistance program.--The cost-sharing requirements 
        of section 10203(1) of the Farm Security and Rural Investment 
        Act of 2002 (7 U.S.C. 8203(1)) shall not apply to the operation 
        of the tree assistance program in disaster counties in response 
        to the hurricanes of calendar year 2005.
            (2) Cooperative forestry assistance act.--The cost-sharing 
        requirements of the Cooperative Forestry Assistance Act of 1978 
        (16 U.S.C. 2101 et seq.) shall not apply in disaster counties 
        during the 2-year period beginning on the date of enactment of 
        this Act.
            (3) Reforestation.--In carrying out the tree assistance 
        program under subtitle C of title X of the Farm Security and 
        Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.), the 
        Secretary shall provide such funds as are necessary to 
        compensate forest owners that--
                    (A) produce periodic crops of timber or Christmas 
                trees for commercial purposes; and
                    (B) have suffered tree losses in disaster counties.

                         TITLE IV--CONSERVATION

SEC. 401. EMERGENCY CONSERVATION PROGRAM.

    (a) Specific Inclusion of Nursery and Fernery Producers and 
Interior Fences.--Section 401 of the Agricultural Credit Act of 1978 
(16 U.S.C. 2201) is amended--
            (1) by striking ``sec. 401. The Secretary'' and inserting 
        the following:

``SEC. 401. PAYMENTS TO AGRICULTURAL PRODUCERS FOR WIND EROSION CONTROL 
              OR REHABILITATION MEASURES.

    ``(a) In General.--The Secretary''; and
            (2) by adding at the end the following:
    ``(b) Inclusions.--In this title:
            ``(1) Agricultural producer.--The term `agricultural 
        producer' includes a producer of nursery or fernery crops.
            ``(2) Interior fences.--The term `fences' includes both 
        perimeter pasture and interior corral fences.''.
    (b) Application of Amendment.--The Secretary shall apply the 
amendment made by subsection (a)(2) beginning in disaster counties.
    (c) Compensation.--The Secretary shall use funds of the Commodity 
Credit Corporation to compensate producers on a farm operating in a 
disaster county for costs associated with repairing structures, barns, 
storage facilities, poultry houses, beehives, greenhouses, and shade 
houses due to hurricane damage in calendar year 2005.

          TITLE V--LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS

SEC. 501. EMERGENCY GRANTS FOR LOW-INCOME MIGRANT AND SEASONAL 
              FARMWORKERS.

    (a) In General.--The Secretary shall use $40,000,000 of funds of 
the Commodity Credit Corporation, to remain available until December 
31, 2007, to provide emergency grants to assist low-income migrant and 
seasonal farmworkers under section 2281 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (42 U.S.C. 5177a).
    (b) Use of Grants.--Grants provided under this section may be used 
to provide such emergency services as the Secretary determines to be 
necessary, including--
            (1) the repair of existing farmworker housing and 
        construction of new farmworker housing units to replace housing 
        damaged as a result of hurricanes during 2005; and
            (2) the reimbursement of public agencies and private 
        organizations for emergency services provided to low-income 
        migrant or seasonal farmworkers after October 31, 2005.

                          TITLE VI--FISHERIES

SEC. 601. FISHERIES ASSISTANCE.

    (a) Funds for Oyster Restoration.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, out of any funds in the Treasury not 
        otherwise appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary of Commerce $10,000,000 to provide 
        assistance for reseeding, rehabilitation, and restoration of 
        oyster reefs located in Alabama, Florida, Louisiana, or 
        Mississippi.
            (2) Availability of funds.--The funds transferred under 
        paragraph (1) shall remain available until September 30, 2007.
            (3) Receipt and acceptance.--The Secretary of Commerce 
        shall be entitled to receive, shall accept, and shall use as 
        described in this section the funds transferred under paragraph 
        (1) without further appropriation. 
    (b) Funds for Fisheries Disaster Assistance.--
            (1) In general.--In addition to amounts appropriated or 
        otherwise made available, not later than 30 days after the date 
        of enactment of this Act, out of any funds in the Treasury not 
        otherwise appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary of Commerce $60,000,000 to provide 
        fisheries disaster assistance.
            (2) Limitation on use of funds.--Of the funds transferred 
        under paragraph (1)--
                    (A) not more than 5 percent of such funds may be 
                used for administrative expenses; and
                    (B) none of such funds may be used for lobbying 
                activities or representational expenses.
            (3) Receipt and acceptance.--The Secretary of Commerce 
        shall be entitled to receive, shall accept, and shall use as 
        described in this section the funds transferred under paragraph 
        (1) without further appropriation. 
    (c) Provision of Assistance.--
            (1) Lump sum payments to states.--The Secretary of Commerce 
        shall use the funds transferred under this section to provide 
        direct lump sum payments to the States of Louisiana, 
        Mississippi, Alabama, and Florida to provide assistance to 
        persons located in a disaster county who have experienced 
        significant economic hardship due to the loss of fisheries, 
        oysters, lobsters, stone crabs, or clams, destroyed or damaged 
        processing facilities, or closures due to red tide or other 
        water quality issues.
            (2) Use of funds.--Funds transferred to the Secretary of 
        Commerce under this section shall be used to provide 
        assistance--
                    (A) to individuals, with priority given to food, 
                energy needs, housing assistance, transportation fuel, 
                and other urgent needs;
                    (B) to small businesses, including fishermen, fish 
                processors, and related businesses serving the fishing 
                industry;
                    (C) to carry out activities related to domestic 
                product marketing and seafood promotion; and
                    (D) to carry out seafood testing programs operated 
                by a State.

                      TITLE VII--TIMBER TAX RELIEF

SEC. 701. TIMBER TAX RELIEF FOR BUSINESSES AFFECTED BY CERTAIN NATURAL 
              DISASTERS.

    (a) Casualty Losses.--
            (1) In general.--Section 1211 of the Internal Revenue Code 
        of 1986 (relating to limitation of capital losses) shall not 
        apply to any qualified timber loss.
            (2) Qualified timber loss.--For purposes of this 
        subsection, the term ``qualified timber loss'' means a loss 
        with respect to timber which is attributable to--
                    (A) Hurricane Dennis,
                    (B) Hurricane Katrina,
                    (C) Hurricane Rita, or
                    (D) Hurricane Wilma.
    (b) Increased Expensing for Reforestation Expenditures.--
            (1) In general.--In applying section 194(b) of the Internal 
        Revenue Code of 1986 to any specified qualified timber property 
        for the first taxable year beginning after the date of the 
        enactment of this section, subparagraph (B) of section 
        194(b)(1) shall be applied--
                    (A) by substituting ``$20,000'' for ``$10,000'', 
                and
                    (B) by substituting ``$10,000'' for ``$5,000''.
            (2) Specified qualified timber property.--The term 
        ``specified qualified timber property'' means qualified timber 
        property (within the meaning of section 194(c)(1) of the 
        Internal Revenue Code of 1986) which is located in an area with 
        respect to which a natural disaster has been declared by the 
        President under section 401 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act as a result of--
                    (A) Hurricane Dennis,
                    (B) Hurricane Katrina,
                    (C) Hurricane Rita, or
                    (D) Hurricane Wilma.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. INFRASTRUCTURE LOSSES.

    (a) Infrastructure Losses.--The Secretary shall compensate 
producers on a farm in a disaster county for costs incurred to repair 
or replace barns, greenhouses, shade houses, poultry houses, beehives, 
and other structures, equipment, and fencing that--
            (1) was used to produce or store any agricultural 
        commodity; and
            (2) was damaged or destroyed by the hurricanes of calendar 
        year 2005.
    (b) Timing of Assistance.--The Secretary may provide assistance 
authorized under this section in the form of--
            (1) reimbursement for eligible repair or replacement costs 
        previously incurred by producers; or
            (2) cash or in-kind assistance in advance of the producer 
        undertaking the needed repair or replacement work.
    (c) Payment Limitations.--Assistance provided under this section to 
a producer for a repair or replacement project, together with amounts 
received for the same project from insurance proceeds or other sources, 
may not exceed 95 percent of the costs incurred to repair or replace 
the damaged or destroyed structures, equipment, or fencing, as 
estimated by the Secretary.
    (d) Loan Eligibility.--After approval of the county committee 
established under section 8 of the Soil Conservation and Domestic 
Allotment Act (16 U.S.C. 590h) for the county or other area in which 
the farming operation is located, the producers on a farm in a disaster 
county shall be eligible to receive an emergency loan under subtitle C 
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et 
seq.) regardless of whether the producers satisfy the requirements of 
the first proviso of section 321(a) of that Act (7 U.S.C. 1961(a)).

SEC. 802. COMMODITY CREDIT CORPORATION.

    Except as otherwise provided in this Act--
            (1) the Secretary shall use the funds, facilities, and 
        authorities of the Commodity Credit Corporation to carry out 
        this Act; and
            (2) funds made available under this Act shall remain 
        available until expended.

SEC. 803. EMERGENCY DESIGNATION.

    The amounts provided under this Act or under amendments made by 
this Act to respond to the hurricanes of calendar year 2005 are 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress).

SEC. 804. REGULATIONS.

    (a) In General.--The Secretary 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 shall use the authority provided under 
section 808 of title 5, United States Code.
                                 <all>