II 109th CONGRESS 2d Session S. 3753 IN THE SENATE OF THE UNITED STATES July 27 (legislative day, July 26), 2006 Mr. Baucus introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To provide emergency assistance to agricultural producers that have incurred losses during calendar year 2006 due to fires.

1.

Short title

This Act may be cited as the Agriculture Fire Assistance Act of 2006.

2.

Definitions

In this Act: (1)

Eligible producer

The term eligible producer means a producer on a farm or ranch that has incurred losses during calendar year 2006 due to fire. (2)

Secretary

The term Secretary means the Secretary of Agriculture.

3.

Livestock assistance

(a)

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 eligible producers. (2)

Payment rates

The payment rate for indemnity payments made to eligible producers under paragraph (1) shall be equal to— (A)(i)in the case of a cow, steer, or bull that weighs 500 pounds or more on the date of death of the cow, steer, or bull, $400 per head; and (ii)in the case of a cow, steer, or bull that weighs less than 500 pounds on the date of death of the cow, steer, or bull, $250 per head; and (B)in the case of other types of livestock, a rate determined by the Secretary based on documentation provided by the eligible producers, including a death certificate or other certification provided by a licensed veterinarian. (b)

Feed assistance

The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make payments to eligible producers for the purchase of livestock feed. (c)

Requirement

The Secretary shall provide assistance to eligible producers under this section not later than 90 days after the date of enactment of this Act.

4.

Conservation programs

(a)

Emergency conservation program

The Secretary shall use an additional $50,000,000 of the funds of the Commodity Credit Corporation to provide assistance under the emergency conservation program established under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) in accordance with subsection (d). (b)

Emergency watershed protection program

The Secretary shall use an additional $150,000,000 of the funds of the Commodity Credit Corporation to provide assistance under the emergency watershed protection program established under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) in accordance with subsection (d). (c)

Environmental quality incentives program

The Secretary shall use an additional $100,000,000 of the funds of the Commodity Credit Corporation to provide assistance to eligible producers under the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in accordance with subsection (d). (d)

Requirements

(1)

Priority

In providing assistance under subsections (a) and (b), the Secretary shall give priority to eligible producers. (2)

Timing

The Secretary shall provide assistance under this section not later than 90 days after the date of enactment of this Act.

5.

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.

6.

Emergency designation

The amounts made available under this Act are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 83 (109th Congress), the concurrent resolution on the budget for fiscal year 2007, as made applicable in the Senate by section 7035 of Public Law 109–234.