[Congressional Record Volume 150, Number 124 (Tuesday, October 5, 2004)]
[House]
[Pages H8169-H8170]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 5212

                        Offered By: Mr. Stenholm

       Amendment No. 1: Add at the appropriate place the following 
     new title:

                                TITLE __

     SEC. __. CROP DISASTER ASSISTANCE.

       (a) Definitions.--In this section:
       (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) 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.).
       (3) Noninsurable commodity.--The term ``noninsurable 
     commodity'' means an eligible 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).
       (b) Emergency Financial Assistance.--Notwithstanding 
     section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(b)(7)), the Secretary of Agriculture (referred to in 
     this title as 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 crop or quality losses for the 2003 or 2004 crop 
     (as elected by a producer), but not both, due to damaging 
     weather or related condition, as determined by the Secretary.
       (c) Administration.--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 the quantity and quality 
     losses as were used in administering that section.
       (d) Reduction in Payments.--The amount of assistance that a 
     producer would otherwise receive for a qualifying crop or 
     quality loss under this section shall be reduced by the 
     amount of assistance that the producer receives under the 
     crop loss assistance program announced by the Secretary on 
     August 27, 2004.
       (e) Ineligibility for Assistance.--Except as provided in 
     subsection (f), 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; and
       (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.
       (f) Contract Waiver.--The Secretary may waive subsection 
     (e) 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 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; and
       (2) 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).
       (g) Effect of Violation.--In the event of the violation of 
     a contract under subsection (f) by a producer, the producer 
     shall reimburse the Secretary for the full amount of the 
     assistance provided to the producer under this section.

     SEC. __. LIVESTOCK ASSISTANCE PROGRAM.

       (a) In General.--The Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make and administer payments for livestock losses to 
     producers for 2003 or 2004 losses (as elected by a producer), 
     but not both, in a county that has received an emergency 
     designation by the President or the Secretary after January 
     1, 2003, of which an amount determined by the Secretary shall 
     be made available for the American Indian livestock program 
     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).
       (b) Administration.--The Secretary shall make assistance 
     available under this section 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 the 
     livestock assistance 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.

     SEC. __. TREE ASSISTANCE PROGRAM.

       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 subtitle C of title X of the Farm Security and Rural 
     Investment Act of 2002 to producers who suffered tree losses 
     during the winter of 2003 through 2004.

     SEC. __. COMMODITY CREDIT CORPORATION.

       The Secretary shall use the funds, facilities, and 
     authorities of the Commodity Credit Corporation to carry out 
     this title.

     SEC. __. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this title.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this title 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.

     SEC. __. EMERGENCY DESIGNATION.

       Amounts appropriated or otherwise made available in this 
     title are each designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 95 (108th Congress), 
     as made applicable to the House of Representatives by H. Res. 
     649 (108th Congress) and applicable to the Senate by section 
     14007 of the Department of Defense Appropriations Act, 2005 
     (Public Law 108-287; 118 Stat. 1014). However, such amounts 
     shall be available only to the extent that an official budget 
     request, that includes designation of the entire amount of 
     the request as an emergency requirement, is transmitted by 
     the President to the Congress.

                                H.R. 10

                   Offered By: Mr. Ose of California

       Amendment No. 2: At the end of title III of the bill, 
     insert the following:

                     Subtitle F--Security Barriers

     SEC. 3121. EXPEDITED COMPLETION OF SECURITY BARRIERS.

       (a) In General.--In order to construct the physical 
     barriers and roads described in section 102 of the Omnibus 
     Consolidated Appropriations Act, 1997 (Public Law 104-208, 
     div. C), the tracts of land described in subsection (b) shall 
     be exempt from the requirements of the provisions listed in 
     subsection (c).
       (b) Legal Description.--The tracts of land referred to in 
     subsection (a) are as follows:
       (1) Zone west.--A tract of land situated within Section 2, 
     3, 4, 5, 7, 8, 9, 10, and 11, Township 19 South, Range 2 West 
     of the San Bernadino Meridian, within the County of San 
     Diego, State of California, more particularly described as 
     follows: Beginning at the Southwest corner of Fractional 
     Section 7, T19S, R2W; said Point-of-Beginning being on the 
     United States/Mexico International Boundary Line and also 
     being a point of mean sea level of the Pacific Ocean (at 
     Borderfield State Park); thence, N 02 deg.31'00'' W, a 
     distance of approximately 800.00 feet to a point. Thence, N 
     84 deg.44'08'' E, a distance of approximately 1,845.12 feet 
     to a point. Said point being on the Section line common to 
     Section 7 and 8, T19S, R2W. Thence, S 01 deg.05'10'' W, along 
     said Section line, a distance of approximately 270.62 feet to 
     a point. Thence, S 89 deg.49'43'' E, a distance of 
     approximately 1,356.50 feet to a point. Thence, N 
     45 deg.34'58'' E, a distance of approximately 1,901.75 feet 
     to a point. Said point being on the Section line common to 
     Sections 5 and 8, T19S, R2W. Thence, N 00 deg.00'00'' E, a 
     distance of approximately 300.00 feet to a point. Thence, S 
     89 deg.54'53'' E, a distance of approximately 1,322.05 feet 
     to a point. Thence, S 00 deg.25'27'' W, a distance of 
     approximately 300.00 feet to a point. Said point being on the 
     Section line common to Sections 5 and 8, T19S, R2W. Thence, S 
     89 deg.37'09'' E, along the

[[Page H8170]]

     Section line common to Section 4, 5, 8, and 9, T19S, R2W, a 
     distance of approximately 5,361.32 feet to a point. Thence, N 
     00 deg.12'59'' E, a distance of approximately 400.00 feet to 
     a point. Thence, N 90 deg.00'00'' E, a distance of 
     approximately 1,349.81 feet to a point. Said point being on 
     the Section line common to Sections 3 and 4, T19S, R2W. 
     Thence, S 00 deg.30'02'' W, a distance of approximately 
     410.37 feet to a point. Said point being the Section corner 
     common to Sections 3, 4, 9, and 10, T19S, R2W. Thence, S 
     89 deg.36'11'' E, along the Section line common to Sections 
     2, 3, 10, and 11, T19S, R2W, a distance of approximately 
     6,129.36 feet to a point. Thence, along the arc of a curve to 
     the left, having a radius of 518.88 feet, and a distance of 
     204.96 feet to a point. Thence, S 89 deg.59'41'' E, a 
     distance of approximately 258.66 feet to a point. Thence, S 
     00 deg.00'00'' E, a distance of approximately 111.74 feet to 
     a point. Said point being within the NW \1/4\ of fractional 
     section 11, T19S, R2W, on the United States/Mexico 
     International Boundary. Thence, S 84 deg.41'20'' W, along 
     said United States/Mexico International Boundary, a distance 
     of approximately 19,210.48 feet to the Point-of-Beginning. 
     Said tract of land containing an area of 396.61 acre, more or 
     less.
       (2) Zone east.--A tract of land situated within Section 32 
     and 33, Township 18 South, Range 1 East of the San Bernadino 
     Meridian, County of San Diego, State of California, and being 
     described as follows: Beginning at the \1/4\ Section line of 
     Section 32, T18S, R1E. Said Point-of-Beginning being on the 
     United States/Mexico International Boundary Line and having a 
     coordinate value of X = 6360877.25 Y = 1781730.88. Thence, N 
     00 deg.32'02'' W, a distance of approximately 163.56 feet to 
     a point. Thence, N 78 deg.33'17'' E, a distance of 
     approximately 1,388.23 feet to a point. Thence, N 
     84 deg.37'31'' E, a distance of approximately 1,340.20 feet 
     to a point. Thence, N 75 deg.00'00'' E, a distance of 
     approximately 1,000.00 feet to a point. Thence, S 
     88 deg.06'07'' E, a distance of approximately 1,806.81 feet 
     to a point. Thence, N 80 deg.00'00'' E, a distance of 
     approximately 1,050.00 feet to a point. Thence, N 
     87 deg.00'00'' E, a distance of approximately 1,100.00 feet 
     to a point. Thence, S 00 deg.00'00'' W, a distance of 
     approximately 300.00 feet to a point. Said point being on the 
     United States/Mexico International boundary. Thence, S 
     84 deg.44'09'' W, along said boundary, a distance of 
     approximately 7,629.63 to the Point-of-Beginning. Said tract 
     of land having an area of approximately 56.60 acres more or 
     less.
       (c) Exemption From Certain Requirements.--The provisions 
     referred to in subsection (a) areas as follows:
       (1) Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), as 
     amended by Quiet Communities of 1978 (P.L. 95-609).
       (2) Clean Air Act and amendments of 1990 (42 U.S.C. 7401-
     7671q).
       (3) Clean Water Act of 1977 (33 U.S.C. 1342).
       (4) Executive Order 11988 (Floodplain Management), as 
     amended by Executive Order 12608.
       (5) Executive Order 11990 (Protection of Wetlands), as 
     amended by Executive Order 12608.
       (6) Coastal Zone Management Act of 1972 (16 U.S.C. 
     1456(c)).
       (7) Resource Conservation and Recovery Act of 1976 (42 
     U.S.C. 6901-6992k) as amended by Hazardous and Solid Waste 
     Amendments of 1984 (P.L. 98-616; 98 Stat. 3221).
       (8) Comprehensive, Environmental Response, Compensation, 
     Liability Act of 1980 (42 U.S.C. 9601-9675), as amended by 
     Emergency Planning and Community Right-To-Know-Act of 1986 
     (42 U.S.C. 11001 et seq.).
       (9) Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 
     et seq.).
       (10) Endangered Species Act of 1973, as amended (16 U.S.C. 
     1531-1544).
       (11) Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712).
       (12) Bald and Golden Eagle Act of 1940, as amended (16 
     U.S.C. 688-688d).
       (13) National Historic Preservation Act of 1966 (16 U.S.C. 
     470 et seq.), as amended Executive Order 13007--Sacred Sites 
     Presidential Memorandum regarding government to Government 
     Relations (April 29, 1994).
       (14) Native American Graves Protection and Repatriation Act 
     (43 CFR Part 10).
       (15) Archeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa-470ii).
       (16) Executive Order 12898 (Federal Actions to Address 
     Environmental Justice in Minority Populations and Low-Income 
     Populations) of 1994.