Agriculture Hurricane Recovery Act of 2005 - Directs the Secretary of Agriculture to provide emergency assistance to farm or aquacultural producers (other than sugarcane producers) in a disaster county who incurred qualifying crop or quality losses with respect to the 2004, 2005, or 2006 crop due to damaging weather or related condition. Limits: (1) assistance to only one crop year; and (2) 2006 crop losses to only those losses caused by a 2005 hurricane or tropical storm.
Directs the Secretary to make emergency financial assistance to: (1) commercial ornamental nursery and fernery producers in a disaster county for eligible inventory losses due to a 2005 hurricane; (2) tropical fruit producers in a disaster county who have suffered a qualifying loss due to a 2005 hurricane; (3) citrus and vegetable producers in a disaster county for losses caused by a 2005 hurricane or tropical storm; (4) certain sugar processors in Florida and Louisiana to compensate first processors and producers for crop and other losses related to 2005 hurricanes, tropical storms, excessive rains, and floods; (5) livestock producers in a disaster county for 2005 or 2006 losses (as elected by a producer); and (6) producers in a disaster county for specified infrastructure losses caused by a 2005 hurricane.
Amends the Farm Security and Rural Investment Act of 2002 to include nursery trees, Christmas trees, pecan trees, timber, and forest products in the tree assistance program. Waives specified cost-sharing requirements related to 2005 hurricane assistance.
Amends the Agricultural Credit Act of 1978 to include nursery or fernery crop producers in the emergency conservation program. Provides assistance for farm producers in a disaster county for repairing structures, barns, storage facilities, poultry houses, beehives, greenhouses, and shade houses due to 2005 hurricane damage.
Provides emergency grants for low-income migrant and seasonal farmworker assistance.
Provides assistance for: (1) reseeding, rehabilitation, and restoration of oyster reefs in Alabama, Florida, Louisiana, or Mississippi; (2) fisheries disaster assistance; and (3) lump sum payments to Louisiana, Mississippi, Alabama, and Florida for assistance to persons 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.
Amends the Internal Revenue Code with respect to timber losses resulting from Hurricanes Dennis, Katrina, Rita, or Wilma to: (1) increase allowable reforestation expenses; and (2) exempt such losses from capital loss limits.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2009 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 2009
To provide assistance to agricultural producers whose operations were
severely damaged by the hurricanes of 2005.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 15, 2005
Mr. Martinez (for himself and Mr. Nelson of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To provide assistance to agricultural producers whose operations were
severely damaged by the hurricanes of 2005.
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 Agriculture
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.
(e) Crop Insurance Deductibles.--For the purpose of determining
crop insurance payments under this section, the Secretary shall
consider Hurricane Wilma as 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 a 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. 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--
(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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S12844-12847)
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