[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2438 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2438

 To provide disaster assistance to agricultural producers for crop and 
               livestock losses, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 16 (legislative day, March 15), 2006

  Mr. Conrad (for himself, Mr. Martinez, Mr. Salazar, Mr. Talent, Mr. 
Dayton, Mr. Bond, Mr. Dorgan, Mr. Coleman, Mr. Johnson, Mr. Burns, Mrs. 
Murray, Mr. Thune, Mrs. Lincoln, Mr. Reid, Ms. Stabenow, Ms. Landrieu, 
Ms. Cantwell, Mr. Nelson of Florida, Mr. Pryor, Mr. Baucus, Mr. Durbin, 
     Mr. Obama, Mr. Hagel, Mr. Harkin, and Mr. Nelson of Nebraska) 
introduced the following bill; which was read twice and referred to the 
           Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To provide disaster assistance to agricultural producers for crop and 
               livestock losses, 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 ``Emergency 
Agricultural Disaster Assistance Act of 2006''.
    (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. Flooded crop and grazing land.
Sec. 104. Sugarcane and sugar beet disaster assistance.
Sec. 105. Specialty crops and nursery crops.
Sec. 106. Dairy assistance.
Sec. 107. Cottonseed.
Sec. 108. Reduction in payments.
  TITLE II--SUPPLEMENTAL NUTRITION AND AGRICULTURAL ECONOMIC DISASTER 
                               ASSISTANCE

Sec. 201. Replenishment of Section 32.
Sec. 202. Supplemental economic loss payments.
Sec. 203. Reduction in payments.
                          TITLE III--FORESTRY

Sec. 301. Tree assistance program.
                         TITLE IV--CONSERVATION

Sec. 401. Natural Resources Conservation Service.
                      TITLE V--FARM SERVICE AGENCY

Sec. 501. Funding for additional personnel.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Authority to provide immunizations.
Sec. 602. Waiver of certain provisions.
Sec. 603. Funding.
Sec. 604. Regulations.
                    TITLE VII--EMERGENCY DESIGNATION

Sec. 701. 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) Livestock.--The term ``livestock'' includes--
                    (A) cattle (including dairy cattle);
                    (B) bison;
                    (C) sheep;
                    (D) swine; and
                    (E) other livestock, as determined by the 
                Secretary.
            (6) 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 for which a request was pending as 
                        of December 31, 2005; 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 for which a request was pending as of 
                        December 31, 2005.
            (7) 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).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

                TITLE I--AGRICULTURAL PRODUCTION LOSSES

SEC. 101. CROP DISASTER ASSISTANCE.

    (a) In General.--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 
producers on a farm that have incurred qualifying losses described in 
subsection (c).
    (b) 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 (c)(2), 
        the loss thresholds for quality loss for the crop shall be 
        determined under subsection (d).
    (c) Qualifying Losses.--Assistance under this section shall be made 
available to producers on farms, other than producers of sugar cane and 
sugar beets, that incurred qualifying quantity or quality losses for 
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.
    (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 (c)(2) 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 (c)(1).
            (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 
        (c)(2), 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) 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.
    (f) 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 year 2005 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) 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.
            (4) 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 year 2005 due to a 
        disaster, as determined by the Secretary, including losses due 
        to hurricanes, floods, and anthrax.
            (2) 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. FLOODED CROP AND GRAZING LAND.

    (a) In General.--The Secretary shall compensate eligible owners of 
flooded crop and grazing land in--
            (1) the Devils Lake basin; and
            (2) the McHugh, Lake Laretta, and Rose Lake closed drainage 
        areas of the State of North Dakota.
    (b) Eligibility.--
            (1) In general.--To be eligible to receive compensation 
        under this section, an owner shall own land described in 
        subsection (a) that, during the 2 crop years preceding receipt 
        of compensation, was rendered incapable of use for the 
        production of an agricultural commodity or for grazing purposes 
        (in a manner consistent with the historical use of the land) as 
        the result of flooding, as determined by the Secretary.
            (2) Inclusions.--Land described in paragraph (1) shall 
        include--
                    (A) land that has been flooded;
                    (B) land that has been rendered inaccessible due to 
                flooding; and
                    (C) a reasonable buffer strip adjoining the flooded 
                land, as determined by the Secretary.
            (3) Administration.--The Secretary may establish--
                    (A) reasonable minimum acreage levels for 
                individual parcels of land for which owners may receive 
                compensation under this section; and
                    (B) the location and area of adjoining flooded land 
                for which owners may receive compensation under this 
                section.
    (c) Sign-up.--The Secretary shall establish a sign-up program for 
eligible owners to apply for compensation from the Secretary under this 
section.
    (d) Compensation Payments.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        rate of an annual compensation payment under this section shall 
        be equal to 90 percent of the average annual per acre rental 
        payment rate (at the time of entry into the contract) for 
        comparable crop or grazing land that has not been flooded and 
        remains in production in the county where the flooded land is 
        located, as determined by the Secretary.
            (2) Reduction.--An annual compensation payment under this 
        section shall be reduced by the amount of any conservation 
        program rental payments or Federal agricultural commodity 
        program payments received by the owner for the land during any 
        crop year for which compensation is received under this 
        section.
            (3) Exclusion.--During any year in which an owner receives 
        compensation for flooded land under this section, the owner 
        shall not be eligible to participate in or receive benefits for 
        the flooded land under--
                    (A) the Federal crop insurance program established 
                under the Federal Crop Insurance Act (7 U.S.C. 1501 et 
                seq.);
                    (B) the noninsured crop assistance program 
                established under section 196 of the Federal 
                Agriculture Improvement and Reform Act of 1996 (7 
                U.S.C. 7333); or
                    (C) any Federal agricultural crop disaster 
                assistance program.
    (e) Relationship to Agricultural Commodity Programs.--The 
Secretary, by regulation, shall provide for the preservation of 
cropland base, allotment history, and payment yields applicable to land 
described in subsection (a) that was rendered incapable of use for the 
production of an agricultural commodity or for grazing purposes as the 
result of flooding.
    (f) Use of Land.--
            (1) In general.--An owner that receives compensation under 
        this section for flooded land shall take such actions as are 
        necessary to not degrade any wildlife habitat on the land that 
        has naturally developed as a result of the flooding.
            (2) Recreational activities.--To encourage owners that 
        receive compensation for flooded land to allow public access to 
        and use of the land for recreational activities, as determined 
        by the Secretary, the Secretary may--
                    (A) offer an eligible owner additional 
                compensation; and
                    (B) provide compensation for additional acreage 
                under this section.
    (g) Funding.--
            (1) In general.--The Secretary shall use $6,000,000 of 
        funds of the Commodity Credit Corporation to carry out this 
        section.
            (2) Pro-rated payments.--In a case in which the amount made 
        available under paragraph (1) for a fiscal year is insufficient 
        to compensate all eligible owners under this section, the 
        Secretary shall pro-rate payments for that fiscal year on a per 
        acre basis.

SEC. 104. 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 this 
section 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.

SEC. 105. 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. 106. DAIRY ASSISTANCE.

    The Secretary shall use $25,000,000 of the funds of the Commodity 
Credit Corporation to make payments to dairy producers for dairy 
production losses and dairy spoilage losses in hurricane-affected 
counties.

SEC. 107. COTTONSEED.

    (a) Distribution of Funds.--The Secretary shall provide disaster 
assistance under subsection (c) and section 104 of the Emergency 
Supplemental Appropriations for Hurricane Disasters Assistance Act, 
2005 (Public Law 108-324; 118 Stat. 1235) 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.
    (b) Technical Amendment.--Section 104 of the Emergency Supplemental 
Appropriations for Hurricane Disasters Assistance Act, 2005 (Public Law 
108-324; 118 Stat. 1235) is amended by inserting ``or Secretary'' after 
``President of the United States''.
    (c) 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.

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--SUPPLEMENTAL NUTRITION AND AGRICULTURAL ECONOMIC DISASTER 
                               ASSISTANCE

SEC. 201. REPLENISHMENT OF SECTION 32.

    (a) Definition of Specialty Crop.--In this section:
            (1) In general.--The term ``specialty crop'' means any 
        agricultural crop.
            (2) Exception.--The term ``specialty crop'' does not 
        include--
                    (A) wheat;
                    (B) feed grains;
                    (C) oilseeds;
                    (D) cotton;
                    (E) rice; or
                    (F) peanuts.
    (b) Base State Grants.--
            (1) In general.--The Secretary shall use $25,500,000 of 
        funds of the Commodity Credit Corporation to make grants to the 
        several States, the District of Columbia, and the Commonwealth 
        of Puerto Rico to be used to support activities that promote 
        agriculture.
            (2) Amounts.--The amount of the grants shall be--
                    (A) $500,000 to each of the several States; and
                    (B) $250,000 to each of the Commonwealth of Puerto 
                Rico and the District of Columbia.
    (c) Grants for Value of Production.--The Secretary shall use 
$74,500,000 of funds of the Commodity Credit Corporation to make a 
grant to each of the several States in an amount equal to the product 
obtained by multiplying--
            (1) the share of the State of the total value of specialty 
        crop, livestock, and dairy production of the United States for 
        the 2004 crop year, as determined by the Secretary; by
            (2) $74,500,000.
    (d) Special Crop and Livestock Priority.--As a condition on the 
receipt of a grant under this section, a State shall agree to give 
priority to the support of specialty crops and livestock in the use of 
the grant funds.
    (e) Use of Funds.--A State may use funds from a grant awarded under 
this section--
            (1) to supplement State food bank programs or other 
        nutrition assistance programs;
            (2) to promote the purchase, sale, or consumption of 
        agricultural products;
            (3) to provide economic assistance to agricultural 
        producers, giving a priority to the support of specialty crops 
        and livestock; or
            (4) for other purposes as determined by the Secretary.

SEC. 202. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.

    The Secretary shall make a supplemental economic loss payment to 
any producer on a farm that received a direct payment for crop year 
2005 under title I of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 7901 et seq.) at a rate equal to the product obtained by 
multiplying--
            (1) 30 percent of the direct payment rate in effect for the 
        program crop of the farmer;
            (2) 85 percent of the program crop base of the farmer; and
            (3) the program payment yield for each program crop of the 
        farmer.

SEC. 203. 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 III--FORESTRY

SEC. 301. 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.

                         TITLE IV--CONSERVATION

SEC. 401. NATURAL RESOURCES CONSERVATION SERVICE.

    (a) Authority to Clear Debris and Animal Carcasses.--
Notwithstanding any other provision of law, the Secretary, acting 
through the Natural Resources Conservation Service, using funds made 
available for the emergency watershed protection program established 
under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 
2203), may provide financial and technical assistance to remove and 
dispose of debris and animal carcasses that could adversely affect 
health and safety on non-Federal land in a hurricane-affected county.
    (b) 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.

                      TITLE V--FARM SERVICE AGENCY

SEC. 501. FUNDING FOR ADDITIONAL PERSONNEL.

    The Secretary shall use $40,000,000 of funds of the Commodity 
Credit Corporation to hire additional State and 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 VI--MISCELLANEOUS

SEC. 601. AUTHORITY TO PROVIDE IMMUNIZATIONS.

    Notwithstanding any other provision of law, the Secretary of 
Defense may provide immunizations to employees of the Department of 
Agriculture involved in direct recovery work in a hurricane-affected 
county.

SEC. 602. WAIVER OF CERTAIN PROVISIONS.

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

SEC. 603. FUNDING.

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

SEC. 604. 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.

                    TITLE VII--EMERGENCY DESIGNATION

SEC. 701. 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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