Natural Disaster Relief Act - Directs the Secretary of Agriculture to provide emergency financial assistance to eligible agricultural producers (other than sugar cane and sugar beet producers) who have incurred qualifying: (1) 2005 crop losses due to weather or related conditions (including crop disease, insects, and delayed harvest); and (2) 2006 crop losses due to weather or related conditions (including crop disease, insects, and delayed harvest) with respect to which a natural disaster declaration has been made. Requires a producer who suffered qualifying losses to elect assistance for one but not both years.
Directs the Secretary to provide: (1) payments through the 2002 livestock compensation program for livestock disaster losses during calendar years 2005 and 2006 for losses that occurred prior to of enactment of this Act (including wildfire disaster losses in Texas and other states); (2) livestock indemnity payments to producers who have incurred 2005 and 2006 livestock disaster losses prior to enactment of this Act (including wildfire disaster losses in Texas and other states), including losses due to hurricanes, floods, wildfires, and anthrax. Requires a livestock producer who suffered qualifying losses to elect assistance for one but not both years.
Directs the Secretary to provide indemnity payments to poultry producers in hurricane-affected counties.
Directs the Secretary to provide: (1) sugarcane and sugar beet disaster assistance for qualifying producers and first processors in Louisiana counties designated as disaster areas due to Hurricanes Katrina or Rita, or related conditions, or to qualifying producers and first processors in Florida for 2005 losses due to hurricanes, floods, rain, or storms; (2) assistance to sugarcane growers in Texas (for additional Baton Rouge demurrage costs and raw sugar transportation and storage costs) and Hawaii (for an agricultural transportation cooperative); (3) assistance to specialty and nursery crop producers in hurricane-affected counties; (4) assistance to tree producers (including Christmas, potted, ornamental, and nursery trees, shrubs, and vines), and fruit and nut tree producers in hurricane-affected counties; (5) assistance to dairy producers for production and spoilage losses in hurricane-affected counties; (6) assistance to producers and first handlers of cottonseed; (7) emergency watershed protection and emergency conservation program activities; and (8) assistance for additional conservation-related technical assistance in each state that has a disaster or hurricane-affected county.
Authorizes the Secretary to provide financial and technical assistance to remove debris and animal carcasses that could adversely affect health and safety on non-federal land in hurricane-affected counties.
Directs the Secretary to hire additional state and county Farm Service Agency personnel to assist in agricultural disaster and economic assistance programs.
Defines "hurricane-affected county" as: (1) a county covered by a natural disaster designation related to Hurricanes Katrina, Rita, or Wilma, or related condition; and (2) a contiguous county.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5363 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5363
To provide assistance to agricultural producers for crop and livestock
losses resulting from recent, catastrophic natural disasters, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2006
Mr. Lucas introduced the following bill; which was referred to the
Committee on Agriculture, 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
To provide assistance to agricultural producers for crop and livestock
losses resulting from recent, catastrophic natural disasters, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Natural Disaster
Relief Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AGRICULTURAL PRODUCTION LOSSES
Sec. 101. Crop disaster assistance.
Sec. 102. Livestock assistance.
Sec. 103. Sugarcane and sugar beet disaster assistance.
Sec. 104. Specialty crops and nursery crops.
Sec. 105. Tree assistance program.
Sec. 106. Dairy assistance.
Sec. 107. Cottonseed.
Sec. 108. Reduction in payments.
TITLE II--CONSERVATION
Sec. 201. Natural Resources Conservation Service.
Sec. 202. Emergency watershed protection program.
Sec. 203. Emergency conservation program.
Sec. 204. Additional funds for delivery of conservation-related
technical assistance.
TITLE III--FARM SERVICE AGENCY
Sec. 301. Funding for additional personnel.
TITLE IV--MISCELLANEOUS
Sec. 401. Regulations.
Sec. 402. Emergency designation.
SEC. 2. DEFINITIONS.
In this Act:
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b)(1) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
(2) Disaster county.--The term ``disaster county'' means--
(A) a county included in the geographic area
covered by a natural disaster declaration; and
(B) each county contiguous to a county described in
subparagraph (A).
(3) Hurricane-affected county.--The term ``hurricane-
affected county'' means--
(A) a county included in the geographic area
covered by a natural disaster declaration related to
Hurricane Katrina, Hurricane Rita, Hurricane Wilma, or
a related condition; and
(B) each county contiguous to a county described in
subparagraph (A).
(4) 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.).
(5) Natural disaster declaration.--The term ``natural
disaster declaration'' means--
(A) a natural disaster declared by the Secretary--
(i) during calendar year 2005 under section
321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)); or
(ii) during calendar year 2006 under that
section, but only if the declaration was made
before the date of the enactment of this Act or
a request for such a declaration was pending as
of that date and the declaration is
subsequently made; or
(B) a major disaster or emergency designated by the
President--
(i) during calendar year 2005 under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.); or
(ii) during calendar year 2006 under that
Act, but only if the designation was made
before the date of the enactment of this Act or
a request for such a designation was pending as
of that date and the designation is
subsequently made.
(6) 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).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
TITLE I--AGRICULTURAL PRODUCTION LOSSES
SEC. 101. CROP DISASTER ASSISTANCE.
(a) Assistance Available.--The Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation to make
emergency financial assistance available to producers on a farm, other
than producers of sugar cane or sugar beets, that incurred qualifying
quantity or quality losses for--
(1) the 2005 crop due to damaging weather or any related
condition (including losses due to crop diseases, insects, and
delayed harvest), as determined by the Secretary; and
(2) the 2006 crop due to damaging weather or any related
condition (including losses due to crop diseases, insects, and
delayed harvest), as determined by the Secretary, with respect
to which a natural disaster declaration is made.
(b) Election of Crop Year.--If a producer incurred qualifying crop
losses in both the 2005 and 2006 crop years, the producer shall elect
to receive assistance under this section for losses incurred in either
the 2005 crop year or the 2006 crop year, but not both crop years.
(c) Administration.--
(1) In general.--Except as provided in paragraph (2), 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 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 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 1 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 1 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 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.
(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 for Assistance.--
(1) In general.--Except as provided in paragraph (2), 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--
(A) 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;
(B) 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;
(C) had average adjusted gross income (as defined
by section 1001D(a) of the Food Security Act of 1985 (7
U.S.C. 1308-3a(a)), of greater than $2,500,000 in 2004;
or
(D) were not in compliance with highly erodible
land conservation and wetland conservation provisions.
(2) Contract waiver.--The Secretary may waive paragraph (1)
with respect to the producers on a farm if the producers enter
into a contract with the Secretary under which the producers
agree--
(A) 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, at a coverage level that
provides--
(i) not less than 65 percent of the actual
production history for the crop produced on the
farm; and
(ii) 100 percent of the expected market
price or a comparable coverage (as determined
by the Federal Crop Insurance Corporation); and
(B) 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).
(3) Effect of violation.--In the event of the violation of
a contract under paragraph (2) by a producer, the producer
shall reimburse the Secretary for the full amount of the
assistance provided to the producer under this section.
(g) Timing.--
(1) In general.--Subject to paragraph (2), the Secretary
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.
SEC. 102. LIVESTOCK ASSISTANCE.
(a) Livestock Compensation Program.--
(1) Use of commodity credit corporation funds.--Effective
beginning on the date of enactment of this Act, the Secretary
shall use funds of the Commodity Credit Corporation to carry
out the 2002 Livestock Compensation Program announced by the
Secretary on October 10, 2002 (67 Fed. Reg. 63070), to provide
compensation for livestock losses during calendar years 2005
and 2006 for losses that occurred prior to the date of
enactment of this Act (including wildfire disaster losses in
the State of Texas and other States) due to a disaster, as
determined by the Secretary, except that the payment rate shall
be 75 percent of the payment rate established for the 2002
Livestock Compensation Program.
(2) Eligible applicants.--In carrying out the program
described in paragraph (1), the Secretary shall provide
assistance to any applicant that--
(A)(i) conducts a livestock operation that is
located in a disaster county, including any applicant
conducting a livestock operation with eligible
livestock (within the meaning of the livestock
assistance program under section 101(b) of division B
of Public Law 108-324 (118 Stat. 1234)); or
(ii) 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
(B) meets all other eligibility requirements
established by the Secretary for the program.
(3) Election of losses.--If a producer incurred livestock
losses in both calendar years 2005 and 2006, the producer shall
elect to receive payments under this subsection for losses
incurred in either calendar year 2005 or calendar year 2006,
but not both calendar years.
(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) Limitation.--The Secretary shall ensure, to the maximum
extent practicable, that no producer on a farm receives
duplicative payments under this subsection and another Federal
program with respect to any loss.
(b) Livestock Indemnity Payments.--
(1) In general.--The Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation to make
livestock indemnity payments to producers on farms that have
incurred livestock losses during calendar years 2005 and 2006
for losses that occurred prior to the date of enactment of this
Act (including wildfire disaster losses in the State of Texas
and other States) due to a disaster, as determined by the
Secretary, including losses due to hurricanes, floods, anthrax,
and wildfires.
(2) Election of losses.--If a producer incurred livestock
losses in both calendar years 2005 and 2006, the producer shall
elect to receive payments under this subsection for losses
incurred in either calendar year 2005 or calendar year 2006,
but not both calendar years.
(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.
(c) Livestock Indemnity Program for Contract Growers.--
(1) In general.--Subject to subsection (d), the Secretary
shall use funds of the Commodity Credit Corporation to
establish a program to assist poultry producers in hurricane-
affected counties that suffered income losses.
(2) Terms and conditions.--The program established under
paragraph (1) shall contain similar terms and conditions as the
terms and conditions used for the livestock indemnity program
for contract growers described in subpart E of chapter XIV of
title 7, Code of Federal Regulations (as in effect on January
1, 2002).
(d) Limit on Amount of Assistance.--The Secretary shall ensure, to
the maximum extent practicable, that no producer on a farm receives
duplicative payments under this section and any other Federal program
for the same loss.
SEC. 103. SUGARCANE AND SUGAR BEET DISASTER ASSISTANCE.
(a) Florida.--The Secretary of Agriculture shall use $120,000,000
of funds of the Commodity Credit Corporation to make payments to
processors in Florida 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 in hurricane-affected counties that are related to
hurricanes, tropical storms, excessive rains, floods, and wind in
Florida during calendar year 2005, by an agreement on the same terms
and conditions, to the maximum extent practicable, as the payments made
under section 102 of the Emergency Supplemental Appropriations for
Hurricane Disasters Assistance Act of 2005 (Public Law 108-324; 118
Stat. 1235), including that the 2005 base production of each harvesting
unit shall be determined using the same base year crop production
history that was used pursuant to the agreement under that section.
(b) Louisiana.--
(1) Compensation for losses.--The Secretary shall use the
funds, facilities, and authorities of the Commodity Credit
Corporation to make $120,000,000 in payments to first
processors of sugarcane that operate in a disaster county in
Louisiana, or obtain sugarcane from a disaster county in
Louisiana, and 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 the producers and first
processors for crop and other losses due to Hurricane Katrina,
Hurricane Rita, or related conditions.
(2) Administration.--Assistance under this subsection shall
be--
(A) shared by an affected first processor with
affected producers that provide commodities to the
processor in a manner that reflects contracts entered
into between the processor and the producers, except
with respect to a portion of the amount of total
assistance described under paragraph (1) necessary to
compensate affected producers for individual losses
experienced by the producers, including losses due to
saltwater intrusion, flooding, wind damage, or
increased planting, replanting, or harvesting costs,
which shall be transferred by the first processor to
the affected producers without regard to contractual
share arrangements; and
(B) made available under such terms and conditions
as the Secretary determines are necessary to carry out
this subsection.
(3) Loss determination.--In carrying out this subsection,
the Secretary shall use the same base year to determine crop
loss that was elected by a producer to determine crop loss in
carrying out the hurricane assistance program under section 207
of the Agricultural Assistance Act of 2003 (Public Law 108-7;
117 Stat. 543).
(c) Funding.--The Secretary shall use $40,000,000 of funds of the
Commodity Credit Corporation to provide assistance to sugar beet
producers that suffered production losses (including quality losses)
for the 2005 crop year.
(d) Requirement.--The Secretary shall make payments under
subsection (c) in the same manner as payments were made under section
208 of the Agricultural Assistance Act of 2003 (Public Law 108-7; 117
Stat. 544), including using the same indemnity benefits as were used in
carrying out that section.
(e) Texas.--The Secretary shall use $400,000 of funds of the
Commodity Credit Corporation to assist sugarcane growers in Texas by
making a payment in that amount to the Rio Grande Valley Sugar Growers,
a farmer-owned cooperative sugarcane processor in that State, for
additional demurrage costs at the Port of Baton Rouge and additional
storage and transportation costs of raw sugar resulting from hurricanes
during calendar year 2005, excessive rains, floods, wind, and other
related conditions.
(f) Hawaii.--The Secretary shall use $6,000,000 of funds of the
Commodity Credit Corporation to assist sugarcane growers in Hawaii by
making a payment in that amount to an agricultural transportation
cooperative in Hawaii, the members of which 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)).
(g) Limit on Amount of Assistance.--The Secretary shall ensure, to
the maximum extent practicable, that no producer on a farm receives
duplicative payments under this section and any other Federal program
for the same loss.
SEC. 104. SPECIALTY CROPS AND NURSERY CROPS.
(a) In General.--The Secretary shall use funds of the Commodity
Credit Corporation to provide assistance to producers of specialty
crops and nursery crops in hurricane-affected counties.
(b) Administration.--
(1) In general.--Assistance required by subsection (a)
shall be carried out by the Secretary under the same terms and
conditions as the special disaster relief programs carried out
for producers that suffered from crop damage and tree losses,
and carried out related cleanup, in certain areas of Florida
due to Hurricanes Charley, Frances, and Jeanne during August
and September 2004, as described in the notice of program
implementation relating to Florida citrus, fruit, vegetable,
and nursery crop disaster programs (69 Fed. Reg. 63134 (October
29, 2004)).
(2) Loss of records.--Due to the complete destruction of
the business records of many producers, the Secretary shall use
the best available information in determining eligibility,
determining losses, and calculating payment amounts under this
section.
(c) Limit on Amount of Assistance.--The Secretary shall ensure, to
the maximum extent practicable, that no producer on a farm receives
duplicative payments under this section and any other Federal program
for the same loss.
SEC. 105. TREE ASSISTANCE PROGRAM.
(a) Definition of Tree.--In this section, the term ``tree''
includes a tree (including a Christmas tree, ornamental tree, nursery
tree, and potted tree), bush (including a shrub), and vine.
(b) Program.--Except as otherwise provided in this section, 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 sections 10201 through 10203 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et
seq.) to--
(1) producers who suffered tree losses in hurricane-
affected counties; and
(2) fruit and tree nut producers in hurricane-affected
counties for site preparation, replacement, rehabilitation, and
pruning.
(c) Costs.--Funds made available under this section shall also be
made available to cover costs associated with tree pruning, tree
rehabilitation, and other appropriate tree-related activities as
determined by the Secretary.
(d) Limit on Amount of Assistance.--The Secretary shall ensure, to
the maximum extent practicable, that no producer on a farm receives
duplicative payments under this section and any other Federal program
for the same loss.
SEC. 106. DAIRY ASSISTANCE.
The Secretary shall use $25,000,000 of the funds of the Commodity
Credit Corporation to make payments to dairy producers for dairy
production losses and dairy spoilage losses in hurricane-affected
counties.
SEC. 107. COTTONSEED.
(a) Cottonseed Assistance.--The Secretary shall use $15,000,000 of
the funds of the Commodity Credit Corporation to provide assistance to
producers and first-handlers of the 2005 crop of cottonseed in
hurricane-affected counties.
(b) Terms and Conditions.--Assistance under subsection (a) shall be
provided under the same terms and conditions as assistance provided
under section 206 of the Agricultural Assistance Act of 2003 (Public
Law 108-7; 117 Stat. 543), except that assistance shall be--
(1) distributed to producers and first handlers of
cottonseed; and
(2) based on cottonseed production during the most recent
year for which a disaster payment specifically for cottonseed
was not authorized.
SEC. 108. REDUCTION IN PAYMENTS.
The amount of any payment for which a producer is eligible under
this title 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); or
(2) an agricultural disaster assistance provision contained
in the announcement of the Secretary on January 26, 2006.
TITLE II--CONSERVATION
SEC. 201. NATURAL RESOURCES CONSERVATION SERVICE.
(a) Assistance to Clear Debris and Animal Carcasses.--
(1) Authority to provide assistance.--Notwithstanding any
other provision of law, the Secretary may provide financial and
technical assistance to remove and dispose of debris and
livestock carcasses that could adversely affect health and
safety on non-Federal land in a hurricane-affected county or a
disaster county.
(2) Provision of assistance; funding source.--The Secretary
shall carry out this subsection acting through the Natural
Resources Conservation Service and using funds made available
for the emergency watershed protection program established
under section 403 of the Agricultural Credit Act of 1978 (16
U.S.C. 2203).
(3) Election of losses.--If an applicant for assistance
under this subsection incurred debris and livestock damage in
both calendar years 2005 and 2006, the applicant shall elect to
receive assistance under this subsection for damages incurred
in either calendar year 2005 or calendar year 2006, but not
both calendar years.
(b) Authority to Mitigate Effects of Saltwater.--Notwithstanding
any other provision of law, the Secretary, acting through the Natural
Resources Conservation Service and using funds made available for the
emergency conservation program established under title IV of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.), may provide
financial and technical assistance to mitigate the effects of saltwater
intrusion.
(c) Authority to Use Certain Practices.--Notwithstanding any other
provision of law, the Secretary, acting through the Natural Resources
Conservation Service, may use direct check-writing practices and
electronic transfers to provide financial and technical assistance
under the emergency watershed protection program established under
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) in
a hurricane-affected county.
SEC. 202. EMERGENCY WATERSHED PROTECTION PROGRAM.
The Secretary shall use an additional $108,500,000 of funds of the
Commodity Credit Corporation to carry out emergency measures identified
by the Chief of the Natural Resources Conservation Service as of the
date of enactment of this Act through the emergency watershed
protection program established under section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203).
SEC. 203. EMERGENCY CONSERVATION PROGRAM.
The Secretary shall use an additional $17,000,000 of funds of the
Commodity Credit Corporation to carry out emergency measures identified
by the Administrator of the Farm Service Agency as of the date of
enactment of this Act through the emergency conservation program
established under title IV of the Agricultural Credit Act of 1978 (16
U.S.C. 2201 et seq.). Notwithstanding any other provision of law, the
Secretary may provide assistance in a hurricane-affected county under
the emergency conservation program without regard to subtitle C of
title XII of the Food Security Act of 1985 (16 U.S.C. 3821 et seq.).
SEC. 204. ADDITIONAL FUNDS FOR DELIVERY OF CONSERVATION-RELATED
TECHNICAL ASSISTANCE.
(a) Technical Assistance.--The Secretary shall use such sums as are
necessary of the funds of the Commodity Credit Corporation to provide
an additional $1,000,000 of technical assistance under section 1242 of
the Food Security Act of 1985 (16 U.S.C. 3842) in each State that has a
disaster county or hurricane-affected county.
(b) Relationship to Other Law.--The use of Commodity Credit
Corporation funds under subsection (a) to provide technical assistance
shall not be considered an allotment or fund transfer from the
Commodity Credit Corporation for purposes of the limit on expenditures
for technical assistance imposed by section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i).
TITLE III--FARM SERVICE AGENCY
SEC. 301. FUNDING FOR ADDITIONAL PERSONNEL.
The Secretary shall use $23,000,000 of funds of the Commodity
Credit Corporation to hire additional County Farm Service Agency
personnel--
(1) to expedite the implementation of, and delivery under,
the agricultural disaster and economic assistance programs
under this Act; and
(2) as the Secretary determines to be necessary to carry
out other agriculture and disaster assistance programs.
TITLE IV--MISCELLANEOUS
SEC. 401. REGULATIONS.
(a) In General.--The Secretary 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. 402. EMERGENCY DESIGNATION.
The amounts provided under this Act are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
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Introduced in House
Introduced in House
Referred to the Committee on Agriculture, 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.
Referred to the Committee on Agriculture, 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.
Referred to the Committee on Agriculture, 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.
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