I 111th CONGRESS 1st Session H. R. 4177 IN THE HOUSE OF REPRESENTATIVES December 2, 2009 Mr. Berry (for himself and Mr. Childers) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide emergency disaster assistance to certain agricultural producers that suffered losses during 2009, to provide emergency disaster assistance to certain livestock producers that suffered losses during 2008 or 2009, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Agricultural Disaster Assistance Act of 2009. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Supplemental direct payment. Sec. 4. Specialty crop assistance. Sec. 5. Cottonseed assistance. Sec. 6. Livestock assistance. Sec. 7. Relation to other laws. Sec. 8. Regulations. Sec. 9. Funding source.

2.

Definitions

In this Act: (1)

Disaster county

(A)

In general

The term disaster county means a county included in the geographic area covered by a qualifying natural disaster declaration for calendar year 2009, except that, in the case of livestock assistance authorized under section 6, the term includes a county included in the geographic area covered by qualifying natural disaster declaration for calendar year 2008 or 2009. (B)

Exclusion

The term disaster county does not include a contiguous county. (2)

Eligible producer

The term eligible producer means an agricultural producer in a disaster county. (3)

Eligible specialty crop producer

The term eligible specialty crop producer means an agricultural producer that, during the 2009 calendar year, as determined by the Secretary— (A)produced, or were prevented from planting, a specialty crop in 1 or more disaster counties; and (B)experienced crop losses associated with drought or excessive rainfall. (4)

Qualifying natural disaster declaration

The term qualifying natural disaster declaration means a natural disaster declared by the Secretary for production losses under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)). (5)

Secretary

The term Secretary means the Secretary of Agriculture. (6)

Specialty crop

The term specialty crop has the meaning given the term in section 3 of the Specialty Crops Competitiveness Act of 2004 (Public Law 108–465; 7 U.S.C. 1621 note).

3.

Supplemental direct payment

Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary to make a supplemental payment under section 1103 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713) to eligible producers that previously received a payment under that section.

4.

Specialty crop assistance

(a)

In general

Of the funds of the Commodity Credit Corporation, the Secretary shall use not more than $650,000,000, to remain available until September 30, 2011, to carry out a program of grants to States to assist eligible specialty crop producers for losses associated with drought or excessive rainfall during the 2009 calendar year. (b)

Notification

Not later than 60 days after the date of enactment of this Act, the Secretary shall notify the State department of agriculture (or similar entity) in each State of the availability of funds to assist eligible specialty crop producers, including such terms as are determined by the Secretary to be necessary for the equitable treatment of eligible specialty crop producers. (c)

Provision of grants

(1)

In general

The Secretary shall make grants to States under this section on a pro rata basis based on the value of specialty crop production during the 2008 calendar year, as determined by the Secretary. (2)

Timing

Not later than 120 days after the date of enactment of this Act, the Secretary shall make grants to States to provide assistance under this section. (3)

Maximum grant

The maximum amount of a grant made to a State under this section may not exceed $40,000,000. (d)

Requirements

The Secretary shall make grants under this section only to States that demonstrate to the satisfaction of the Secretary that the State will— (1)use grant funds to assist eligible specialty crop producers; (2)provide assistance to eligible specialty crop producers not later than 60 days after the date on which the State receives grant funds; and (3)not later than 30 days after the date on which the State provides assistance to eligible specialty crop producers, submit to the Secretary a report that describes— (A)the manner in which the State provided assistance; (B)the amounts of assistance provided by type of specialty crop; and (C)the process by which the State determined the levels of assistance to eligible specialty crop producers.

5.

Cottonseed assistance

(a)

In general

Of the funds of the Commodity Credit Corporation, the Secretary shall use not more than $42,000,000 to provide supplemental assistance to eligible producers and first-handlers of the 2009 crop of cottonseed in disaster counties. (b)

General terms

Except as otherwise provided in this section, the Secretary shall provide disaster assistance under this section under the same terms and conditions as assistance provided under section 3015 of the Emergency Agricultural Disaster Assistance Act of 2006 (title III of Public Law 109–234; 120 Stat. 477). (c)

Distribution of assistance

The Secretary shall distribute assistance to first handlers for the benefit of eligible producers in a disaster county in an amount equal to the product obtained by multiplying— (1)the payment rate, as determined under subsection (d); and (2)the county-eligible production, as determined under subsection (e). (d)

Payment rate

The payment rate shall be equal to the quotient obtained by dividing— (1)the sum of the county-eligible production, as determined under subsection (e); by (2)the total funds made available to carry out this section. (e)

County-Eligible production

The county-eligible production shall be equal to the product obtained by multiplying— (1)the number of acres planted to cotton in the disaster county, as reported to the Secretary by first-handlers; (2)the expected cotton lint yield for the disaster county, as determined by the Secretary based on the best available information; and (3)the national average seed-to-lint ratio, as determined by the Secretary based on the best available information for the 5 crop years immediately preceding the 2009 crop, excluding the year in which the average ratio was the highest and the year in which the average ratio was the lowest in such period.

6.

Livestock assistance

(a)

Livestock compensation program

(1)

In general

Subject to subsection (c), the Secretary shall continue to carry out the 2002 Livestock Compensation Program announced by the Secretary on October 10, 2002 (67 Fed. Reg. 63070) (referred to in this subsection as the Program). (2)

Assistance

In carrying out the Program, the Secretary shall provide assistance to any applicant that— (A)conducts a livestock operation that is physically located in a disaster county and meets all other eligibility requirements established by the Secretary for the Program; or (B)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 meets all other eligibility requirements established by the Secretary for the Program. (b)

Livestock loss assistance program

Subject to subsection (c), the Secretary shall carry out a program to make payments to eligible producers for livestock losses occurring in a disaster county under the same criteria established to carry out the 1999 Livestock Assistance Program. (c)

Relationship of livestock assistance programs

The amount of assistance that the eligible producers on a farm would otherwise receive under subsection (a) or (b) for a loss, except for the operation of this subsection, shall be reduced by the amount of the assistance that the eligible producers on the farm receive under any other livestock assistance program. (d)

Use of commodity credit corporation funds

The Secretary shall use $150,000,000 of the funds of the Commodity Credit Corporation to carry out the livestock assistance programs under this section.

7.

Relation to other laws

An eligible producer or eligible specialty crop producer that receives assistance under this Act shall be ineligible to receive assistance for the 2009 crop year under the program carried out under section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) and section 901 of the Trade Act of 1974 (19 U.S.C. 2497).

8.

Regulations

(a)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall 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 paragraph, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

9.

Funding source

(a)

Offset

The Secretary of the Treasury shall rescind such funds as are necessary of funds made available under the Troubled Asset Relief Program established under title I of division A of the Emergency Economic Stabilization Act of 2008 (Public Law 110–343; 12 U.S.C. 5211 et seq.) to reimburse the Commodity Credit Corporation for expenditures under this Act. (b)

Administrative costs

The Secretary may use up to $5,000,000 of amounts made available under subsection (a) to pay administrative costs incurred by the Secretary that are directly related to carrying out this Act.