[Congressional Record Volume 151, Number 151 (Tuesday, November 15, 2005)]
[Senate]
[Pages S12844-S12847]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MARTINEZ (for himself and Mr. Nelson of Florida):
  S. 2009. A bill to provide assistance to agricultural producers whose 
operations were severely damaged by the hurricanes of 2005; to the 
Committee on Finance.
  Mr. MARTINEZ. Mr. President, I ask unanimous consent that the 
Agriculture Hurricane Recovery Act of 2005 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2009

       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 
     ``Agriculture Hurricane Recovery Act of 2005''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                        TITLE I--CROP ASSISTANCE

Sec. 101. Crop disaster assistance.
Sec. 102. Nursery crops and tropical fruit producers.
Sec. 103. Citrus and vegetable assistance.
Sec. 104. Sugar producers.

                     TITLE II--LIVESTOCK ASSISTANCE

Sec. 201. Livestock assistance program.

                          TITLE III--FORESTRY

Sec. 301. Tree assistance program.

                         TITLE IV--CONSERVATION

Sec. 401. Emergency conservation program.

          TITLE V--LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS

Sec. 501. Emergency grants for low-income migrant and seasonal 
              farmworkers.

                          TITLE VI--FISHERIES

Sec. 601. Fisheries assistance.

                      TITLE VII--TIMBER TAX RELIEF

Sec. 701. Timber tax relief for businesses affected by certain natural 
              disasters.

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Infrastructure losses.
Sec. 802. Commodity Credit Corporation.
Sec. 803. Emergency designation.
Sec. 804. Regulations.

     SEC. 2. DEFINITIONS.

       Except as otherwise provided in this Act, in this Act:
       (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) Catastrophic risk protection.--The term ``catastrophic 
     risk protection'' means the level of insurance coverage 
     provided under section 508(b) of the Federal Crop Insurance 
     Act (7 U.S.C. 1508(b)).
       (3) Disaster county.--The term ``disaster county'' means a 
     county included in the geographic area covered by a natural 
     disaster declaration due to hurricanes in calendar year 
     2005--
       (A) made by the Secretary under section 321(a) of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 
     1961(a)) due to hurricanes in calendar year 2005; or
       (B) made by the President under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.).
       (4) Insurable commodity.--The term ``insurable commodity'' 
     means an agricultural commodity for which producers are 
     eligible to obtain a policy or plan of insurance under the 
     Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
       (5) Noninsurable commodity.--The term ``noninsurable 
     commodity'' means an eligible crop for which producers are 
     eligible to obtain assistance under section 196 of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

                        TITLE I--CROP ASSISTANCE

     SEC. 101. CROP DISASTER ASSISTANCE.

       (a) Emergency Assistance.--
       (1) In general.--The Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make emergency assistance under this section to producers on 
     a farm or aquaculture operation (other than producers of 
     sugarcane) that meet the eligibility criteria of paragraph 
     (2) 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 quality losses as were used in 
     administering that section.
       (2) Eligibility criteria.--For producers described in 
     paragraph (1) to be eligible for emergency assistance under 
     this section--
       (A) the farm or aquaculture operation must be located in a 
     disaster county; and
       (B) the producers must have incurred qualifying crop or 
     quality losses with respect to the 2004, 2005, or 2006 crop 
     (as elected by a producer), but limited to only 1 such crop, 
     due to damaging weather or related condition, as determined 
     by the Secretary.
       (3) Limitation.--Qualifying crop losses for the 2006 crop 
     are limited to only those losses caused by a hurricane or 
     tropical storm occurring during the 2005 hurricane season in 
     disaster counties.
       (b) Ineligibility for Assistance.--Except as provided in 
     subsection (c), 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;
       (3) had an average adjusted gross income (as defined in 
     section 1001D of the Food Security Act of 1985 (7 U.S.C. 
     1308-3a)) of greater than $2,500,000; or
       (4) were not in compliance with highly erodible land 
     conservation and wetland conservation provisions under 
     subtitles B and C of title XII of the Food Security Act of 
     1985 (16 U.S.C. 3811 et seq.).
       (c) Contract Waiver.--The Secretary may waive subsection 
     (b) 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 all insurable commodities produced on 
     the farm for each of the next 2 crop years--
       (A) to obtain additional coverage for those commodities 
     under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); 
     and
       (B) in the event of violation of the contract, to repay to 
     the Secretary any payment received under this section; and
       (2) in the case of all noninsurable commodities produced on 
     the farm for each of the next 2 crop or calendar years, as 
     applicable--
       (A) to file the required paperwork, and pay the 
     administrative fee by the applicable State filing deadline, 
     for those commodities under section 196 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7333); and
       (B) in the event of violation of the contract, to repay to 
     the Secretary any payment received under this section.
       (d) Payment Limitations.--
       (1) Limit on amount of assistance.--Assistance provided 
     under this section to the producers on a farm 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.
       (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 producers on the 
     farm receive for losses to the same crop.
       (B) The value of the crop that was not lost (if any), as 
     estimated by the Secretary.

[[Page S12845]]

       (e) Crop Insurance Deductibles.--For the purpose of 
     determining crop insurance payments under this section, the 
     Secretary shall consider Hurricane Wilma has having occurred 
     during the 2005 crop year.

     SEC. 102. NURSERY CROPS AND TROPICAL FRUIT PRODUCERS.

       (a) Emergency Financial Assistance.--Notwithstanding 
     section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(b)(7)), the Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make emergency financial assistance available to--
       (1) commercial ornamental nursery and fernery producers in 
     a disaster county for eligible inventory losses due to 
     hurricanes in calendar year 2005; and
       (2) tropical fruit producers in a disaster county who have 
     suffered a loss of 35 percent or more relative to their 
     expected production (as defined in section 1480.3 of title 7, 
     Code of Federal Regulations (or a successor regulation)) due 
     to hurricanes in calendar year 2005.
       (b) Administration.--
       (1) Determination of commercial operations.--For a nursery 
     or fernery producer to be considered a commercial operation 
     for purposes of subsection (a)(1) or (d)(1), the producer 
     must be registered as nursery or fernery producer in the 
     State in which the producer conducts business.
       (2) Determination of eligible inventory.--For purposes of 
     subsection (a)(1), eligible nursery and fernery inventory 
     includes foliage, floriculture, and woody ornamental crops, 
     including--
       (A) stock used for propagation; and
       (B) fruit or nut seedlings grown for sale as seed stock for 
     commercial orchard operations growing fruit or nuts.
       (c) Calculation of Losses and Payments.--
       (1) Nursery and fernery producers.--
       (A) In general.--For purposes of subsection (a)(1)--
       (i) inventory losses for a nursery or fernery producer 
     shall be determined on an individual-nursery or -fernery 
     basis; and
       (ii) the Secretary shall not offset inventory losses at 1 
     nursery or fernery location by salvaged inventory at another 
     nursery or fernery operated by the same producer.
       (B) Amount.--The amount of payment to a nursery or fernery 
     producer under subsection (a)(1) shall be equal to the 
     product obtained by multiplying (as determined by the 
     Secretary)--
       (i) the difference between the pre-disaster and post-
     disaster inventory value, as determined by the Secretary 
     using the wholesale price list of the producer, less the 
     maximum customer discount provided by the producer, and not 
     to exceed the prices in the Department of Agriculture 
     publication entitled ``Eligible Plant List and Price 
     Schedule'';
       (ii) 25 percent; and
       (iii) the producer's share of the loss.
       (2) Tropical fruit producers.--The amount of a payment to a 
     tropical fruit producer under subsection (a)(2) shall be 
     equal to the product obtained by multiplying (as determined 
     by the Secretary)--
       (A) the number of acres affected;
       (B) the payment rate; and
       (C) the producer's share of the crop.
       (3) Payment limitation.--The Secretary shall not impose any 
     payment limitation on an assistance payment made to a 
     nursery, fernery, or tropical fruit producer under paragraph 
     (1) or (2) of subsection (a).
       (d) Debris-Removal Assistance.--
       (1) Availability of assistance.--The Secretary shall use 
     such sums as are necessary of funds of the Commodity Credit 
     Corporation to make emergency financial assistance available 
     to commercial ornamental nursery and fernery producers in a 
     disaster county to help cover costs incurred for debris 
     removal and associated cleanup due to hurricanes in calendar 
     year 2005.
       (2) Amount of assistance.--
       (A) In general.--Assistance under this subsection may not 
     exceed the actual costs incurred by the producer for debris 
     removal and cleanup or $250 per acre, whichever is less.
       (B) No additional payment limitations.--Except as provided 
     in subparagraph (A), the Secretary shall not impose any 
     limitation on the maximum amount of payments that a producer 
     may receive under this subsection.
       (e) Nondiscrimination.--
       (1) In general.--Except as provided in paragraph (2), in 
     carrying out this section, the Secretary shall not 
     discriminate against or penalize producers that did not 
     purchase crop insurance under the Federal Crop Insurance Act 
     (7 U.S.C. 1501 et seq.) with respect to an insurable 
     commodity or did not file the required paperwork, and pay the 
     administrative fee by the applicable State filing deadline, 
     for assistance under section 196 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7333) with 
     respect to a noninsurable commodity.
       (2) Penalty.--In the case of a producer described in 
     paragraph (1)--
       (A) payment rates under this section shall be reduced by 5 
     percent; and
       (B) the producer shall comply with subsection (f).
       (f) Contract to Procure Crop Insurance or NAP.--In the case 
     of a producer described in subsection (e)(1) who receives any 
     assistance under this section, the producer shall be required 
     to enter into a contract with the Secretary under which the 
     producer agrees--
       (1) in the case of all insurable commodities grown by the 
     producer during the next available coverage period--
       (A) to obtain at least catastrophic risk protection for 
     those commodities under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.); and
       (B) in the event of violation of the contract, to repay to 
     the Secretary any payment received under this section; and
       (2) in the case of all noninsurable commodities grown by 
     the producer during the next available coverage period--
       (A) to file the required paperwork, and pay the 
     administrative fee by the applicable State filing deadline, 
     for those commodities under section 196 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7333); and
       (B) in the event of violation of the contract, to repay to 
     the Secretary any payment received under this section.
       (g) Relation to Other Assistance.--
       (1) Link to actual losses.--Assistance provided under 
     subsection (a) to a producer for losses to a crop, together 
     with the amounts specified in paragraph (2) applicable to the 
     same crop, may not exceed 100 percent of what the value of 
     the crop would have been in the absence of the losses, as 
     estimated by the Secretary.
       (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) Assistance received under any other emergency crop loss 
     authority.
       (C) The value of the crop that was not lost (if any), as 
     estimated by the Secretary.
       (h) Adjusted Gross Income Limitation.--The average adjusted 
     gross income limitation specified in section 1001D of the 
     Food Security Act of 1985 (7 U.S.C. 1308-3a), shall apply to 
     assistance provided under this section.

     SEC. 103. CITRUS AND VEGETABLE ASSISTANCE.

       Notwithstanding any other provision of this Act or any 
     other law, 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 both citrus and vegetable producers to carry out 
     an assistance program similar to the program entitled the 
     ``Florida Citrus Disaster Program'', described at 69 Fed. 
     Reg. 63134, October 29, 2004, Document No. 04-24290 (relating 
     to Florida citrus, fruit, vegetable, and nursery crop 
     disaster programs), except that qualifying crop losses shall 
     be limited to those losses caused by a hurricane or tropical 
     storm occurring during the 2005 hurricane season in a 
     disaster county.

     SEC. 104. SUGAR PRODUCERS.

       The Secretary shall use $395,000,000 of the funds of the 
     Commodity Credit Corporation to make payments to processors 
     in Florida and Louisiana 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 that are 
     related to hurricanes, tropical storms, excessive rains, and 
     floods occurring during calendar year 2005, to be calculated 
     and paid on the basis of losses on 40-acre harvesting units, 
     in disaster counties, on the same terms and conditions, to 
     the maximum extent practicable, as payments made under 
     section 102 of the Emergency Supplemental Appropriations for 
     Hurricane Disasters Assistance Act, 2005 (Public Law 108-324; 
     118 Stat. 1235).

                     TITLE II--LIVESTOCK ASSISTANCE

     SEC. 201. LIVESTOCK ASSISTANCE PROGRAM.

       (a) Emergency Financial Assistance.--
       (1) In general.--The Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make payments for livestock losses to producers for 2005 or 
     2006 losses (as elected by a producer), but not both, in a 
     county that has received an emergency disaster designation by 
     the President after January 1, 2004.
       (2) Restriction.--In determining eligibility for assistance 
     under this section, the Secretary shall not use the end date 
     of the normal grazing period to determine the threshold of a 
     90-day loss of carrying capacity.
       (b) Administration.--Except as provided in subsection (a), 
     the Secretary shall make assistance available under this 
     subsection 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 
     this section, the Secretary shall not penalize a producer 
     that takes actions (including 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.
       (d) Inclusion of Poultry.--In providing assistance under 
     this section, the Secretary shall include poultry within the 
     definition of ``livestock''.

                          TITLE III--FORESTRY

     SEC. 301. TREE ASSISTANCE PROGRAM.

       (a) Specific Inclusion of Nursery Trees, Christmas Trees, 
     Timber and Forest Products.--Section 10201 of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C.

[[Page S12846]]

     8201) is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) Eligible orchardist.--The term `eligible orchardist' 
     means--
       ``(A) a person that produces annual crops from trees for 
     commercial purposes;
       ``(B) a nursery grower that produces field-grown trees, 
     container-grown trees, or both, whether or not the trees 
     produce an annual crop, intended for replanting after 
     commercial sale; or
       ``(C) a forest landowner who produces periodic crops of 
     timber, Christmas trees, or pecan trees for commercial 
     purposes.''.
       (b) Application of Amendment.--The Secretary shall apply 
     the amendment made by subsection (a) beginning in disaster 
     counties.
       (c) Cost-Sharing Waivers.--
       (1) Tree assistance program.--The cost-sharing requirements 
     of section 10203(1) of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 8203(1)) shall not apply to the 
     operation of the tree assistance program in disaster counties 
     in response to the hurricanes of calendar year 2005.
       (2) Cooperative forestry assistance act.--The cost-sharing 
     requirements of the Cooperative Forestry Assistance Act of 
     1978 (16 U.S.C. 2101 et seq.) shall not apply in disaster 
     counties during the 2-year period beginning on the date of 
     enactment of this Act.
       (3) Reforestation.--In carrying out the tree assistance 
     program under subtitle C of title X of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.), the 
     Secretary shall provide such funds as are necessary to 
     compensate forest owners that--
       (A) produce periodic crops of timber or Christmas trees for 
     commercial purposes; and
       (B) have suffered tree losses in disaster counties.

                         TITLE IV--CONSERVATION

     SEC. 401. EMERGENCY CONSERVATION PROGRAM.

       (a) Specific Inclusion of Nursery and Fernery Producers and 
     Interior Fences.--Section 401 of the Agricultural Credit Act 
     of 1978 (16 U.S.C. 2201) is amended--
       (1) by striking ``sec. 401. The Secretary'' and inserting 
     the following:

     ``SEC. 401. PAYMENTS TO AGRICULTURAL PRODUCERS FOR WIND 
                   EROSION CONTROL OR REHABILITATION MEASURES.

       ``(a) In General.--The Secretary''; and
       (2) by adding at the end the following:
       ``(b) Inclusions.--In this title:
       ``(1) Agricultural producer.--The term `agricultural 
     producer' includes a producer of nursery or fernery crops.
       ``(2) Interior fences.--The term `fences' includes both 
     perimeter pasture and interior corral fences.''.
       (b) Application of Amendment.--The Secretary shall apply 
     the amendment made by subsection (a)(2) beginning in disaster 
     counties.
       (c) Compensation.--The Secretary shall use funds of the 
     Commodity Credit Corporation to compensate producers on a 
     farm operating in a disaster county for costs associated with 
     repairing structures, barns, storage facilities, poultry 
     houses, beehives, greenhouses, and shade houses due to 
     hurricane damage in calendar year 2005.

          TITLE V--LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS

     SEC. 501. EMERGENCY GRANTS FOR LOW-INCOME MIGRANT AND 
                   SEASONAL FARMWORKERS.

       (a) In General.--The Secretary shall use $40,000,000 of 
     funds of the Commodity Credit Corporation, to remain 
     available until December 31, 2007, to provide emergency 
     grants to assist low-income migrant and seasonal farmworkers 
     under section 2281 of the Food, Agriculture, Conservation, 
     and Trade Act of 1990 (42 U.S.C. 5177a)
       (b) Use of Grants.--Grants provided under this section may 
     be used to provide such emergency services as the Secretary 
     determines to be necessary, including--
       (1) the repair of existing farmworker housing and 
     construction of new farmworker housing units to replace 
     housing damaged as a result of hurricanes during 2005; and
       (2) the reimbursement of public agencies and private 
     organizations for emergency services provided to low-income 
     migrant or seasonal farmworkers after October 31, 2005.

                          TITLE VI--FISHERIES

     SEC. 601. FISHERIES ASSISTANCE.

       (a) Funds for Oyster Restoration.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Secretary of Commerce $10,000,000 to provide 
     assistance for reseeding, rehabilitation, and restoration of 
     oyster reefs located in Alabama, Florida, Louisiana, or 
     Mississippi.
       (2) Availability of funds.--The funds transferred under 
     paragraph (1) shall remain available until September 30, 
     2007.
       (3) Receipt and acceptance.--The Secretary of Commerce 
     shall be entitled to receive, shall accept, and shall use as 
     described in this section the funds transferred under 
     paragraph (1) without further appropriation. 
       (b) Funds for Fisheries Disaster Assistance.--
       (1) In general.--In addition to amounts appropriated or 
     otherwise made available, not later than 30 days after the 
     date of enactment of this Act, out of any funds in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary of Commerce 
     $60,000,000 to provide fisheries disaster assistance.
       (2) Limitation on use of funds.--Of the funds transferred 
     under paragraph (1)--
       (A) not more than 5 percent of such funds may be used for 
     administrative expenses; and
       (B) none of such funds may be used for lobbying activities 
     or representational expenses.
       (3) Receipt and acceptance.--The Secretary of Commerce 
     shall be entitled to receive, shall accept, and shall use as 
     described in this section the funds transferred under 
     paragraph (1) without further appropriation. 
       (c) Provision of Assistance.--
       (1) Lump sum payments to states.--The Secretary of Commerce 
     shall use the funds transferred under this section to provide 
     direct lump sum payments to the States of Louisiana, 
     Mississippi, Alabama, and Florida to provide assistance to 
     persons located in a disaster county who have experienced 
     significant economic hardship due to the loss of fisheries, 
     oysters, lobsters, stone crabs, or clams, destroyed or 
     damaged processing facilities, or closures due to red tide or 
     other water quality issues.
       (2) Use of funds.--Funds transferred to the Secretary of 
     Commerce under this section shall be used to provide 
     assistance--
       (A) to individuals, with priority given to food, energy 
     needs, housing assistance, transportation fuel, and other 
     urgent needs;
       (B) to small businesses, including fishermen, fish 
     processors, and related businesses serving the fishing 
     industry;
       (C) to carry out activities related to domestic product 
     marketing and seafood promotion; and
       (D) to carry out seafood testing programs operated by a 
     State.

                      TITLE VII--TIMBER TAX RELIEF

     SEC. 701. TIMBER TAX RELIEF FOR BUSINESSES AFFECTED BY 
                   CERTAIN NATURAL DISASTERS.

       (a) Casualty Losses.--
       (1) In general.--Section 1211 of the Internal Revenue Code 
     of 1986 (relating to limitation of capital losses) shall not 
     apply to any qualified timber loss.
       (2) Qualified timber loss.--For purposes of this 
     subsection, the term ``qualified timber loss'' means a loss 
     with respect to timber which is attributable to--
       (A) Hurricane Dennis,
       (B) Hurricane Katrina,
       (C) Hurricane Rita, or
       (D) Hurricane Wilma.
       (b) Increased Expensing for Reforestation Expenditures.--
       (1) In general.--In applying section 194(b) of the Internal 
     Revenue Code of 1986 to any specified qualified timber 
     property for the first taxable year beginning after the date 
     of the enactment of this section, subparagraph (B) of section 
     194(b)(1) shall be applied--
       (A) by substituting ``$20,000'' for ``$10,000'', and
       (B) by substituting ``$10,000'' for ``$5,000''.
       (2) Specified qualified timber property.--The term 
     ``specified qualified timber property'' means qualified 
     timber property (within the meaning of section 194(c)(1) of 
     the Internal Revenue Code of 1986) which is located in an 
     area with respect to which a natural disaster has been 
     declared by the President under section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act as a 
     result of--
       (A) Hurricane Dennis,
       (B) Hurricane Katrina,
       (C) Hurricane Rita, or
       (D) Hurricane Wilma.

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. INFRASTRUCTURE LOSSES.

       (a) Infrastructure Losses.--The Secretary shall compensate 
     producers on a farm in a disaster county for costs incurred 
     to repair or replace barns, greenhouses, shade houses, 
     poultry houses, beehives, and other structures, equipment, 
     and fencing that--
       (1) was used to produce or store any agricultural 
     commodity; and
       (2) was damaged or destroyed by the hurricanes of calendar 
     year 2005.
       (b) Timing of Assistance.--The Secretary may provide 
     assistance authorized under this section in the form of--
       (1) reimbursement for eligible repair or replacement costs 
     previously incurred by producers; or
       (2) cash or in-kind assistance in advance of the producer 
     undertaking the needed repair or replacement work.
       (c) Payment Limitations.--Assistance provided under this 
     section to a producer for a repair or replacement project, 
     together with amounts received for the same project from 
     insurance proceeds or other sources, may not exceed 95 
     percent of the costs incurred to repair or replace the 
     damaged or destroyed structures, equipment, or fencing, as 
     estimated by the Secretary.
       (d) Loan Eligibility.--After approval of the county 
     committee established under section 8 of the Soil 
     Conservation and Domestic Allotment Act (16 U.S.C. 590h) for 
     the county or other area in which the farming operation is 
     located, the producers on a farm in a disaster county shall 
     be eligible to receive an emergency loan under subtitle C of 
     the Consolidated Farm and Rural Development Act (7 U.S.C. 
     1961 et seq.) regardless of whether the producers satisfy the 
     requirements of the first proviso of section 321(a) of that 
     Act (7 U.S.C. 1961(a)).

     SEC. 802. COMMODITY CREDIT CORPORATION.

       Except as otherwise provided in this Act--

[[Page S12847]]

       (1) the Secretary shall use the funds, facilities, and 
     authorities of the Commodity Credit Corporation to carry out 
     this Act; and
       (2) funds made available under this Act shall remain 
     available until expended.

     SEC. 803. EMERGENCY DESIGNATION.

       The amounts provided under this Act or under amendments 
     made by this Act to respond to the hurricanes of calendar 
     year 2005 are designated as an emergency requirement pursuant 
     to section 402 of H. Con. Res. 95 (109th Congress).

     SEC. 804. 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.
                                 ______