Directs the Secretary of Agriculture to provide emergency financial assistance to agricultural producers who have incurred qualifying 2003 or 2004 crop losses due to weather or related conditions. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth: (1) waiver provisions; and (2) payment limitations, including reductions for amounts received under the Florida Disaster Programs.
Directs the Secretary to provide payments to livestock producers who have incurred 2003 or 2004 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years.
Directs the Secretary to provide assistance to commercial orchardists and tree farmers who have suffered losses during the December 1, 2003 through December 31, 2004 period.
Directs the Secretary to provide assistance to emergency conservation program participants.
Amends the Food Security Act of 1985 to limit Commodity Credit Corporation amounts available for the conservation security program for FY 2005 through 2014.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5226 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 5226
To respond to recent natural disasters adversely affecting agricultural
producers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 6, 2004
Mr. Neugebauer (for himself, Mr. Burns, Mrs. Musgrave, Mr. Rogers of
Alabama, Mr. Moran of Kansas, Mr. Goodlatte, Mr. Osborne, Mr. Rehberg,
Mr. Thornberry, Mr. Lucas of Oklahoma, Mr. Boehner, Mr. Terry, Mr.
Everett, Mr. Simpson, and Mr. Alexander) introduced the following bill;
which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To respond to recent natural disasters adversely affecting agricultural
producers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 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 agricultural commodity 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 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 crops, 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) Ineligibility for Assistance.--Except as provided in subsection
(e), 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.
(e) Contract Waiver.--The Secretary may waive subsection (d) 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).
(f) Effect of Violation.--In the event of the violation of a
contract under subsection (e) by a producer, the producer shall
reimburse the Secretary for the full amount of the assistance provided
to the producer under this section.
(g) 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.
(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.
(3) Effect of florida disaster programs.--The amount of
assistance that a producer would otherwise receive under this
section shall be reduced by the amount of assistance that the
producer receives for the same loss under the Florida Disaster
Programs carried out pursuant to the Farm Service Agency notice
(DAP-203) released October 4, 2004.
SEC. 2. LIVESTOCK ASSISTANCE PROGRAM.
(a) Emergency Financial Assistance.--The Secretary of Agriculture
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. 3. TREE ASSISTANCE PROGRAM.
(a) Emergency Assistance.--The Secretary of Agriculture 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 sections 10201 through 10204 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.) to producers who
suffered tree losses during the period beginning on December 1, 2003,
and ending on December 31, 2004.
(b) Additional Assistance.--In addition to providing assistance to
eligible orchardists under the tree assistance program, the Secretary
shall use an additional $15,000,000 of the funds of the Commodity
Credit Corporation to provide reimbursement under section 10203 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8203) to
eligible forest land owners who produce periodic crops of timber from
trees for commercial purposes and who have suffered tree losses during
the period specified in subsection (a).
SEC. 4. EMERGENCY CONSERVATION PROGRAM.
The Secretary of Agriculture shall use an additional $50,000,000 of
the funds of the Commodity Credit Corporation 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.). Participants
in the Emergency Conservation Program shall receive the maximum cost
share percentage allowed under section 701.26 of title 7, Code of
Federal Regulations.
SEC. 5. COMMODITY CREDIT CORPORATION.
The Secretary of Agriculture shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out this Act.
SEC. 6. REGULATIONS.
(a) In General.--The Secretary of Agriculture may 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 section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 7. OFFSET.
Section 1241(a)(3) of the Food Security Act of 1985 (16 U.S.C.
3841(a)(3)) is amended by inserting before the period at the end the
following: ``, using not more than $6,037,000,000 for the period of
fiscal years 2005 through 2014''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
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