Emergency Agricultural Disaster Assistance Act of 2006 - 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 2005 crop losses due to weather or related conditions (including crop disease, insects, and delayed harvest).
Directs the Secretary to provide: (1) payments through the 2002 livestock compensation program to livestock producers who have incurred 2005 losses in emergency-designated counties; (2) livestock indemnity payments to producers who have incurred 2005 livestock disaster losses, including losses due to hurricanes, floods, and anthrax; (3) indemnity payments to poultry producers in hurricane-affected counties; (4) compensation for certain owners of flooded crop and grazing land in North Dakota; (5) 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 to qualifying producers and first processors in Florida for 2005 losses due to hurricanes, floods, rain, or storms; (6) assistance to specialty and nursery crop producers in hurricane-affected counties; (7) assistance to dairy producers in hurricane-affected counties; (8) assistance to producers and first handlers of cottonseed; (9) grants for agricultural promotion; (10) supplemental economic loss payments under a specified rate to producers who received crop year 2005 commodity assistance; and (11) assistance to tree producers (including Christmas, potted, ornamental, and nursery trees, shrubs, and vines) in hurricane-affected counties.
Authorizes the Secretary to provide: (1) 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; and (2) immunizations to Department of Agriculture employees involved in direct recovery work 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.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2438 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2438
To provide disaster assistance to agricultural producers for crop and
livestock losses, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16 (legislative day, March 15), 2006
Mr. Conrad (for himself, Mr. Martinez, Mr. Salazar, Mr. Talent, Mr.
Dayton, Mr. Bond, Mr. Dorgan, Mr. Coleman, Mr. Johnson, Mr. Burns, Mrs.
Murray, Mr. Thune, Mrs. Lincoln, Mr. Reid, Ms. Stabenow, Ms. Landrieu,
Ms. Cantwell, Mr. Nelson of Florida, Mr. Pryor, Mr. Baucus, Mr. Durbin,
Mr. Obama, Mr. Hagel, Mr. Harkin, and Mr. Nelson of Nebraska)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To provide disaster assistance to agricultural producers for crop and
livestock losses, 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 ``Emergency
Agricultural Disaster Assistance Act of 2006''.
(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. Flooded crop and grazing land.
Sec. 104. Sugarcane and sugar beet disaster assistance.
Sec. 105. Specialty crops and nursery crops.
Sec. 106. Dairy assistance.
Sec. 107. Cottonseed.
Sec. 108. Reduction in payments.
TITLE II--SUPPLEMENTAL NUTRITION AND AGRICULTURAL ECONOMIC DISASTER
ASSISTANCE
Sec. 201. Replenishment of Section 32.
Sec. 202. Supplemental economic loss payments.
Sec. 203. Reduction in payments.
TITLE III--FORESTRY
Sec. 301. Tree assistance program.
TITLE IV--CONSERVATION
Sec. 401. Natural Resources Conservation Service.
TITLE V--FARM SERVICE AGENCY
Sec. 501. Funding for additional personnel.
TITLE VI--MISCELLANEOUS
Sec. 601. Authority to provide immunizations.
Sec. 602. Waiver of certain provisions.
Sec. 603. Funding.
Sec. 604. Regulations.
TITLE VII--EMERGENCY DESIGNATION
Sec. 701. 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) Livestock.--The term ``livestock'' includes--
(A) cattle (including dairy cattle);
(B) bison;
(C) sheep;
(D) swine; and
(E) other livestock, as determined by the
Secretary.
(6) 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 for which a request was pending as
of December 31, 2005; 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 for which a request was pending as of
December 31, 2005.
(7) 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).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
TITLE I--AGRICULTURAL PRODUCTION LOSSES
SEC. 101. CROP DISASTER ASSISTANCE.
(a) In General.--The Secretary shall use such sums as are necessary
of funds of the Commodity Credit Corporation to make emergency
financial assistance authorized under this section available to
producers on a farm that have incurred qualifying losses described in
subsection (c).
(b) 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 (c)(2),
the loss thresholds for quality loss for the crop shall be
determined under subsection (d).
(c) Qualifying Losses.--Assistance under this section shall be made
available to producers on farms, other than producers of sugar cane and
sugar beets, that incurred qualifying quantity or quality losses for
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.
(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 (c)(2) 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 (c)(1).
(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
(c)(2), 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) 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.
(f) 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 year 2005 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) 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.
(4) 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 year 2005 due to a
disaster, as determined by the Secretary, including losses due
to hurricanes, floods, and anthrax.
(2) 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. FLOODED CROP AND GRAZING LAND.
(a) In General.--The Secretary shall compensate eligible owners of
flooded crop and grazing land in--
(1) the Devils Lake basin; and
(2) the McHugh, Lake Laretta, and Rose Lake closed drainage
areas of the State of North Dakota.
(b) Eligibility.--
(1) In general.--To be eligible to receive compensation
under this section, an owner shall own land described in
subsection (a) that, during the 2 crop years preceding receipt
of compensation, was rendered incapable of use for the
production of an agricultural commodity or for grazing purposes
(in a manner consistent with the historical use of the land) as
the result of flooding, as determined by the Secretary.
(2) Inclusions.--Land described in paragraph (1) shall
include--
(A) land that has been flooded;
(B) land that has been rendered inaccessible due to
flooding; and
(C) a reasonable buffer strip adjoining the flooded
land, as determined by the Secretary.
(3) Administration.--The Secretary may establish--
(A) reasonable minimum acreage levels for
individual parcels of land for which owners may receive
compensation under this section; and
(B) the location and area of adjoining flooded land
for which owners may receive compensation under this
section.
(c) Sign-up.--The Secretary shall establish a sign-up program for
eligible owners to apply for compensation from the Secretary under this
section.
(d) Compensation Payments.--
(1) In general.--Subject to paragraphs (2) and (3), the
rate of an annual compensation payment under this section shall
be equal to 90 percent of the average annual per acre rental
payment rate (at the time of entry into the contract) for
comparable crop or grazing land that has not been flooded and
remains in production in the county where the flooded land is
located, as determined by the Secretary.
(2) Reduction.--An annual compensation payment under this
section shall be reduced by the amount of any conservation
program rental payments or Federal agricultural commodity
program payments received by the owner for the land during any
crop year for which compensation is received under this
section.
(3) Exclusion.--During any year in which an owner receives
compensation for flooded land under this section, the owner
shall not be eligible to participate in or receive benefits for
the flooded land under--
(A) the Federal crop insurance program established
under the Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.);
(B) the noninsured crop assistance program
established under section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333); or
(C) any Federal agricultural crop disaster
assistance program.
(e) Relationship to Agricultural Commodity Programs.--The
Secretary, by regulation, shall provide for the preservation of
cropland base, allotment history, and payment yields applicable to land
described in subsection (a) that was rendered incapable of use for the
production of an agricultural commodity or for grazing purposes as the
result of flooding.
(f) Use of Land.--
(1) In general.--An owner that receives compensation under
this section for flooded land shall take such actions as are
necessary to not degrade any wildlife habitat on the land that
has naturally developed as a result of the flooding.
(2) Recreational activities.--To encourage owners that
receive compensation for flooded land to allow public access to
and use of the land for recreational activities, as determined
by the Secretary, the Secretary may--
(A) offer an eligible owner additional
compensation; and
(B) provide compensation for additional acreage
under this section.
(g) Funding.--
(1) In general.--The Secretary shall use $6,000,000 of
funds of the Commodity Credit Corporation to carry out this
section.
(2) Pro-rated payments.--In a case in which the amount made
available under paragraph (1) for a fiscal year is insufficient
to compensate all eligible owners under this section, the
Secretary shall pro-rate payments for that fiscal year on a per
acre basis.
SEC. 104. 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 this
section 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.
SEC. 105. 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. 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) Distribution of Funds.--The Secretary shall provide disaster
assistance under subsection (c) and section 104 of the Emergency
Supplemental Appropriations for Hurricane Disasters Assistance Act,
2005 (Public Law 108-324; 118 Stat. 1235) 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.
(b) Technical Amendment.--Section 104 of the Emergency Supplemental
Appropriations for Hurricane Disasters Assistance Act, 2005 (Public Law
108-324; 118 Stat. 1235) is amended by inserting ``or Secretary'' after
``President of the United States''.
(c) 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.
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--SUPPLEMENTAL NUTRITION AND AGRICULTURAL ECONOMIC DISASTER
ASSISTANCE
SEC. 201. REPLENISHMENT OF SECTION 32.
(a) Definition of Specialty Crop.--In this section:
(1) In general.--The term ``specialty crop'' means any
agricultural crop.
(2) Exception.--The term ``specialty crop'' does not
include--
(A) wheat;
(B) feed grains;
(C) oilseeds;
(D) cotton;
(E) rice; or
(F) peanuts.
(b) Base State Grants.--
(1) In general.--The Secretary shall use $25,500,000 of
funds of the Commodity Credit Corporation to make grants to the
several States, the District of Columbia, and the Commonwealth
of Puerto Rico to be used to support activities that promote
agriculture.
(2) Amounts.--The amount of the grants shall be--
(A) $500,000 to each of the several States; and
(B) $250,000 to each of the Commonwealth of Puerto
Rico and the District of Columbia.
(c) Grants for Value of Production.--The Secretary shall use
$74,500,000 of funds of the Commodity Credit Corporation to make a
grant to each of the several States in an amount equal to the product
obtained by multiplying--
(1) the share of the State of the total value of specialty
crop, livestock, and dairy production of the United States for
the 2004 crop year, as determined by the Secretary; by
(2) $74,500,000.
(d) Special Crop and Livestock Priority.--As a condition on the
receipt of a grant under this section, a State shall agree to give
priority to the support of specialty crops and livestock in the use of
the grant funds.
(e) Use of Funds.--A State may use funds from a grant awarded under
this section--
(1) to supplement State food bank programs or other
nutrition assistance programs;
(2) to promote the purchase, sale, or consumption of
agricultural products;
(3) to provide economic assistance to agricultural
producers, giving a priority to the support of specialty crops
and livestock; or
(4) for other purposes as determined by the Secretary.
SEC. 202. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.
The Secretary shall make a supplemental economic loss payment to
any producer on a farm that received a direct payment for crop year
2005 under title I of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7901 et seq.) at a rate equal to the product obtained by
multiplying--
(1) 30 percent of the direct payment rate in effect for the
program crop of the farmer;
(2) 85 percent of the program crop base of the farmer; and
(3) the program payment yield for each program crop of the
farmer.
SEC. 203. 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 III--FORESTRY
SEC. 301. 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.
TITLE IV--CONSERVATION
SEC. 401. NATURAL RESOURCES CONSERVATION SERVICE.
(a) Authority to Clear Debris and Animal Carcasses.--
Notwithstanding any other provision of law, the Secretary, acting
through the Natural Resources Conservation Service, 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), may provide financial and technical assistance to remove and
dispose of debris and animal carcasses that could adversely affect
health and safety on non-Federal land in a hurricane-affected county.
(b) 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.
TITLE V--FARM SERVICE AGENCY
SEC. 501. FUNDING FOR ADDITIONAL PERSONNEL.
The Secretary shall use $40,000,000 of funds of the Commodity
Credit Corporation to hire additional State and 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 VI--MISCELLANEOUS
SEC. 601. AUTHORITY TO PROVIDE IMMUNIZATIONS.
Notwithstanding any other provision of law, the Secretary of
Defense may provide immunizations to employees of the Department of
Agriculture involved in direct recovery work in a hurricane-affected
county.
SEC. 602. WAIVER OF CERTAIN PROVISIONS.
Notwithstanding any other provision of law, the Secretary may
provide assistance in a hurricane-affected county under the emergency
conservation program established under title IV of the Agricultural
Credit Act of 1978 (16 U.S.C. 2201 et seq.) without regard to subtitle
C of title XII of the Food Security Act of 1985 (16 U.S.C. 3821 et
seq.).
SEC. 603. FUNDING.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this Act, to remain
available until expended.
SEC. 604. 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.
TITLE VII--EMERGENCY DESIGNATION
SEC. 701. 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).
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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