[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2207 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2207

Making supplemental appropriations for agricultural and other emergency 
assistance for the fiscal year ending September 30, 2007, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2007

   Mr. Obey introduced the following bill; which was referred to the 
 Committee on Appropriations, 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


 
Making supplemental appropriations for agricultural and other emergency 
assistance for the fiscal year ending September 30, 2007, 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.

    This Act may be cited as the ``Agricultural Disaster Assistance and 
Western States Emergency Unfinished Business Appropriations Act, 
2007''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

TITLE I--AGRICULTURAL ASSISTANCE
TITLE II--EMERGENCY APPROPRIATIONS FOR WESTERN STATES

SEC. 3. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2007.

                    TITLE I--AGRICULTURAL ASSISTANCE

SEC. 1001. CROP DISASTER ASSISTANCE.

    (a) Assistance Available.--There are hereby appropriated to the 
Secretary of Agriculture such sums as are necessary, to remain 
available until expended, to make emergency financial assistance 
available to producers on a farm that incurred qualifying quantity or 
quality losses for the 2005 or 2006 crop, or that part of the 2007 crop 
year before February 28, 2007, due to damaging weather or any related 
condition (including losses due to crop diseases, insects, and delayed 
planting), as determined by the Secretary. However, to be eligible for 
assistance, the crop subject to the loss must have been planted before 
February 28, 2007 or, in the case of prevented planting or other total 
loss, would have been planted before February 28, 2007 in the absence 
of the damaging weather or any related condition.
    (b) Election of Crop Year.--If a producer incurred qualifying crop 
losses in more than one of the 2005, 2006, or 2007 crop years, the 
producer shall elect to receive assistance under this section for 
losses incurred in only one of such crop years. The producer may not 
receive assistance under this section for more than one crop year.
    (c) Administration.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of Agriculture 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 of 
                Agriculture 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 one 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 one 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 of Agriculture 
        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 of Agriculture.
            (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 Requirements and Limitations.--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; or
            (3) were not in compliance with highly erodible land 
        conservation and wetland conservation provisions.
    (g) Timing.--
            (1) In general.--Subject to paragraph (2), the Secretary of 
        Agriculture 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.
    (h) Definitions.--In this section:
            (1) 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.).
            (2) 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).

SEC. 1002. LIVESTOCK ASSISTANCE.

    (a) Livestock Compensation Program.--
            (1) Availability of assistance.--There are hereby 
        appropriated to the Secretary of Agriculture such sums as are 
        necessary, to remain available until expended, to carry out the 
        livestock compensation program established under subpart B of 
        part 1416 of title 7, Code of Federal Regulations, as announced 
        by the Secretary on February 12, 2007 (72 Fed. Reg. 6443), to 
        provide compensation for livestock losses between January 1, 
        2005 and February 28, 2007, due to a disaster, as determined by 
        the Secretary (including losses due to blizzards that started 
        in 2006 and continued into January 2007). However, the payment 
        rate for compensation under this subsection shall be 70 percent 
        of the payment rate otherwise applicable under such program. In 
        addition, section 1416.102(b)(2)(ii) of title 7, Code of 
        Federal Regulations (72 Fed. Reg. 6444) shall not apply.
            (2) Eligible applicants.--In carrying out the program 
        described in paragraph (1), the Secretary shall provide 
        assistance to any applicant that--
                    (A) conducts a livestock operation that is located 
                in a disaster county with eligible livestock specified 
                in paragraph (1) of section 1416.102(a) of title 7, 
                Code of Federal Regulations (72 Fed. Reg. 6444), 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)), or other animals designated by the 
                Secretary as livestock for purposes of this subsection; 
                and
                    (B) meets the requirements of paragraphs (3) and 
                (4) of section 1416.102(a) of title 7, Code of Federal 
                Regulations, and all other eligibility requirements 
                established by the Secretary for the program.
            (3) Election of losses.--
                    (A) If a producer incurred eligible livestock 
                losses in more than one of the 2005, 2006, or 2007 
                calendar years, the producer shall elect to receive 
                payments under this subsection for losses incurred in 
                only one of such calendar years, and such losses must 
                have been incurred in a county declared or designated 
                as a disaster county in that same calendar year.
                    (B) Producers may elect to receive compensation for 
                losses in the calendar year 2007 grazing season that 
                are attributable to wildfires occurring during the 
                applicable period, as determined by the Secretary.
            (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) Definitions.--In this subsection:
                    (A) Disaster county.--The term ``disaster county'' 
                means--
                            (i) a county included in the geographic 
                        area covered by a natural disaster declaration; 
                        and
                            (ii) each county contiguous to a county 
                        described in clause (i).
                    (B) Natural disaster declaration.--The term 
                ``natural disaster declaration'' means--
                            (i) a natural disaster declared by the 
                        Secretary between January 1, 2005 and February 
                        28, 2007, under section 321(a) of the 
                        Consolidated Farm and Rural Development Act (7 
                        U.S.C. 1961(a));
                            (ii) a major disaster or emergency 
                        designated by the President between January 1, 
                        2005 and February 28, 2007, under the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.); or
                            (iii) a determination of a Farm Service 
                        Agency Administrator's Physical Loss Notice if 
                        such notice applies to a county included under 
                        (ii).
    (b) Livestock Indemnity Payments.--
            (1) Availability of assistance.--There are hereby 
        appropriated to the Secretary of Agriculture such sums as are 
        necessary, to remain available until expended, to make 
        livestock indemnity payments to producers on farms that have 
        incurred livestock losses between January 1, 2005 and February 
        28, 2007, due to a disaster, as determined by the Secretary 
        (including losses due to blizzards that started in 2006 and 
        continued into January 2007) in a disaster county. To be 
        eligible for assistance, applicants must meet all eligibility 
        requirements established by the Secretary for the program.
            (2) Election of losses.--If a producer incurred eligible 
        livestock losses in more than one of the 2005, 2006, or 2007 
        calendar years, the producer shall elect to receive payments 
        under this subsection for losses incurred in only one of such 
        calendar years. The producer may not receive payments under 
        this subsection for more than one calendar year.
            (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.
            (4) Livestock defined.--In this subsection, the term 
        ``livestock'' means an animal that--
                    (A) is specified in clause (i) of section 
                1416.203(a)(2) of title 7, Code of Federal Regulations 
                (72 Fed. Reg. 6445), or is designated by the Secretary 
                as livestock for purposes of this subsection; and
                    (B) meets the requirements of clauses (iii) and 
                (iv) of such section.
            (5) Definitions.--In this subsection:
                    (A) Disaster county.--The term ``disaster county'' 
                means--
                            (i) a county included in the geographic 
                        area covered by a natural disaster declaration; 
                        and
                            (ii) each county contiguous to a county 
                        described in clause (i).
                    (B) Natural disaster declaration.--The term 
                ``natural disaster declaration'' means--
                            (i) a natural disaster declared by the 
                        Secretary between January 1, 2005 and February 
                        28, 2007 under section 321(a) of the 
                        Consolidated Farm and Rural Development Act (7 
                        U.S.C. 1961(a));
                            (ii) a major disaster or emergency 
                        designated by the President between January 1, 
                        2005 and February 28, 2007 under the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.); or
                            (iii) a determination of a Farm Service 
                        Agency Administrator's Physical Loss Notice if 
                        such notice applies to a county included under 
                        (ii).

SEC. 1003. EMERGENCY CONSERVATION PROGRAM.

    There is hereby appropriated to the Secretary of Agriculture 
$20,000,000, to remain available until expended, to provide assistance 
under the Emergency Conservation Program under title IV of the 
Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.) for the cleanup 
and restoration of farm and agricultural production lands.

SEC. 1004. PAYMENT LIMITATIONS.

    (a) Reduction in Payments to Reflect Payments for Same or Similar 
Losses.--The amount of any payment for which a producer is eligible 
under sections 5101 and 5102 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);
            (2) an agricultural disaster assistance provision contained 
        in the announcement of the Secretary on January 26, 2006, or 
        August 29, 2006; or
            (3) the Emergency Supplemental Appropriations Act for 
        Defense, the Global War on Terror, and Hurricane Recovery, 2006 
        (Public Law 109-234; 120 Stat. 418).
    (b) Adjusted Gross Income Limitation.--Section 1001D of the Food 
Security Act of 1985 (7 U.S.C. 1308-3a) shall apply with respect to 
assistance provided under sections 5101, 5102, and 5103.

SEC. 1005. ADMINISTRATION.

    (a) Regulations.--The Secretary of Agriculture may promulgate such 
regulations as are necessary to implement sections 5101 and 5102.
    (b) Procedure.--The promulgation of the implementing regulations 
and the administration of sections 5101 and 5102 shall be made without 
regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary of Agriculture shall use the authority 
provided under section 808 of title 5, United States Code.
    (d) Use of Commodity Credit Corporation; Limitation.--In 
implementing sections 5101 and 5102, the Secretary of Agriculture may 
use the facilities, services, and authorities of the Commodity Credit 
Corporation. The Corporation shall not make any expenditures to carry 
out sections 5101 and 5102 unless funds have been specifically 
appropriated for such purpose.

SEC. 1006. MILK INCOME LOSS CONTRACT PROGRAM.

    Section 1502(c)(3) of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 7982(c)(3)) is amended--
            (1) in subparagraph (A), by adding ``and'' at the end;
            (2) in subparagraph (B), by striking ``August'' and all 
        that follows through the end and inserting ``September 30, 
        2007, 34 percent.''; and
            (3) by striking subparagraph (C).

SEC. 1007. DAIRY ASSISTANCE.

    There is hereby appropriated $20,000,000 to make payments to dairy 
producers for dairy production losses in disaster counties, as defined 
in section 1002 of this title, to remain available until expended.

SEC. 1008. NONINSURED CROP ASSISTANCE PROGRAM.

    For states in which there is a shortage of claims adjustors, as 
determined by the Secretary, the Secretary shall permit the use of one 
claims adjustor certified by the Secretary in carrying out 7 CFR 
1437.401.

SEC. 1009. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL 
              FARMWORKERS.

    There is hereby appropriated $21,000,000 to carry out section 2281 
of the Food, Agriculture, Conservation and Trade Act of 1990 (42 U.S.C. 
5177a), to remain available until expended.

SEC. 1010. CONSERVATION SECURITY PROGRAM.

    Section 20115 of Public Law 110-5 is amended by striking ``section 
726'' and inserting in lieu thereof ``section 726; section 741''.

SEC. 1011. ADMINISTRATIVE EXPENSES.

    There is hereby appropriated $30,000,000 for the ``Farm Service 
Agency, Salaries and Expenses'', to remain available until September 
30, 2008.

SEC. 1012. CONTRACT WAIVER.

    In carrying out crop disaster and livestock assistance in this 
title, the Secretary shall require forage producers to have 
participated in a crop insurance pilot program or the Non-Insured Crop 
Disaster Assistance Program during the crop year for which compensation 
is received.

SEC. 1013. EMERGENCY DESIGNATION.

    Amounts in this title are designated as emergency requirements 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), and 
pursuant to section 501 of H. Con. Res. 376 (109th Congress) as made 
applicable to the House of Representatives by section 511(a)(4) of H. 
Res. 6 (110th Congress).

         TITLE II--EMERGENCY APPROPRIATIONS FOR WESTERN STATES

                CHAPTER 1--FISHERIES DISASTER ASSISTANCE

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'', $60,400,000, to remain available until September 30, 
2008: Provided, That the National Marine Fisheries Service shall cause 
such amounts to be distributed among eligible recipients of assistance 
for the commercial fishery failure designated under section 312(a) of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1861a(a)) and declared by the Secretary of Commerce on August 10, 2006.

           CHAPTER 2--WILDLAND FIREFIGHTING AND RURAL SCHOOLS

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                        wildland fire management

                     (including transfer of funds)

    For an additional amount for ``Wildland Fire Management'', 
$100,000,000, to remain available until expended, for urgent wildland 
fire suppression activities: Provided, That such funds shall only 
become available if funds previously provided for wildland fire 
suppression will be exhausted imminently and the Secretary of the 
Interior notifies the House and Senate Committees on Appropriations in 
writing of the need for these additional funds: Provided further, That 
such funds are also available for repayment to other appropriations 
accounts from which funds were transferred for wildfire suppression.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                        wildland fire management

                     (including transfer of funds)

    For an additional amount for ``Wildland Fire Management'', 
$400,000,000, to remain available until expended, for urgent wildland 
fire suppression activities: Provided, That such funds shall only 
become available if funds provided previously for wildland fire 
suppression will be exhausted imminently and the Secretary of 
Agriculture notifies the House and Senate Committees on Appropriations 
in writing of the need for these additional funds: Provided further, 
That such funds are also available for repayment to other appropriation 
accounts from which funds were transferred for wildfire suppression.

                    GENERAL PROVISION, THIS CHAPTER

SEC. 2201. SECURE RURAL SCHOOLS.

    (a) For fiscal year 2007, payments shall be made from any revenues, 
fees, penalties, or miscellaneous receipts described in sections 
102(b)(3) and 103(b)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note), not 
to exceed $100,000,000, and the payments shall be made, to the maximum 
extent practicable, in the same amounts, for the same purposes, and in 
the same manner as were made to States and counties in 2006 under that 
Act.
    (b) There is appropriated $425,000,000, to remain available until 
December 31, 2007, to be used to cover any shortfall for payments made 
under this section from funds not otherwise appropriated.
    (c) Titles II and III of Public Law 106-393 are amended, effective 
September 30, 2006, by striking ``2006'' and ``2007'' each place they 
appear and inserting ``2007'' and ``2008'', respectively.

                CHAPTER 3--GENERAL PROVISION, THIS TITLE

SEC. 2301. EMERGENCY DESIGNATION.

    Amounts in this title are designated as emergency requirements 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), and 
pursuant to section 501 of H. Con. Res. 376 (109th Congress) as made 
applicable to the House of Representatives by section 511(a)(4) of H. 
Res. 6 (110th Congress).
                                 <all>