Sec. 101. AGRICULTURAL DISASTER ASSISTANCE

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## SEC. 101 AGRICULTURAL DISASTER ASSISTANCE ###

(a)Crop Disaster Assistance ####

(1)Definitions In this subsection: #####

(A)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)). #####

(B)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.). #####

(C)Noninsurable commodity The term “**noninsurable commodity**” means an eligible 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). ####

(2)Emergency financial assistance Notwithstanding section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this subsection available to producers on a farm (other than producers of cottonseed or sugar cane) that have incurred qualifying crop or quality losses for the 2003, 2004, or 2005 crop (as elected by a producer), but limited to only one of the crop years listed, due to damaging weather or related condition, as determined by the Secretary: *Provided*, That qualifying crop losses for the 2005 crop are limited to only those losses caused by a hurricane or tropical storm of the 2004 hurricane season in counties declared disaster areas by the President of the United States: *Provided further*, That notwithstanding the crop year election limitation in this paragraph, $53,000,000 shall be provided to the Secretary of Agriculture, of which $50,000,000 shall be for crop losses in the Commonwealth of Virginia, and of which $3,000,000 shall be for fruit and vegetable losses in the State of North Carolina: *Provided further*, That these losses resulted from hurricanes, tropical storms, and other weather related disasters that occurred during calendar year 2003, to remain available until expended. ####

(3)Administration The Secretary shall make assistance available under this subsection in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106–387; 114 Stat. 1549A–55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. ####

(4)Ineligibility for assistance Except as provided in paragraph (5), the producers on a farm shall not be eligible for assistance under this subsection 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 adjusted gross incomes, as defined by section 1001D of the Food Security Act of 1985, of greater than $2,500,000 in 2003; or #####

(D)were not in compliance with highly erodible land conservation and wetland conservation provisions. ####

(5)Contract waiver The Secretary may waive paragraph

(4)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; 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). ####

(6)Effect of violation In the event of the violation of a contract under paragraph

(5)by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this subsection. ####

(7)Payment limitations #####

(A)Limit on amount of assistance Assistance provided under this subsection to a producer for losses to a crop, together with the amounts specified in subparagraph

(B)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. #####

(B)Other payments In applying the limitation in subparagraph (A), the Secretary shall include the following: ######

(i)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. ######

(ii)The value of the crop that was not lost (if any), as estimated by the Secretary. #####

(C)Effect of florida disaster programs Persons that received payments from section 32 of the Act of August 24, 1935 with respect to 2004 hurricane crop losses are not eligible for payments under this subsection. ###

(b)Livestock Assistance Program ####

(1)Emergency financial assistance The Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments for livestock losses to producers for 2003 or 2004 losses (as elected by a producer), but not both, in a county that has received an emergency designation by the President or the Secretary after January 1, 2003, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106–387; 114 Stat. 1549A–51). ####

(2)Administration 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). ####

(3)Mitigation In determining the eligibility for or amount of payments for which a producer is eligible under the livestock assistance program, the Secretary shall not penalize a producer that takes actions (recognizing disaster conditions) that reduce the average number of livestock the producer owned for grazing during the production year for which assistance is being provided. ###

(c)Tree Assistance Program ####

(1)Emergency assistance The Secretary of Agriculture shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance under the tree assistance program established under sections 10201 through 10204 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.) to producers who suffered tree losses during the period beginning on December 1, 2003, and ending on December 31, 2004. ####

(2)Additional assistance In addition to providing assistance to eligible orchardists under the tree assistance program, the Secretary shall use an additional $15,000,000 of the funds of the Commodity Credit Corporation to provide reimbursement under sections 10203 and 10204 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8203, 8204) to eligible forest land owners who produce periodic crops of timber from trees for commercial purposes and who have suffered tree losses during the period specified in paragraph (1). ####

(3)Effect of florida disaster programs Persons that received payments from section 32 of the Act of August 24, 1935 with respect to 2004 hurricane crop losses are not eligible for payments under this section. ###

(d)Emergency Conservation Program The Secretary of Agriculture shall use an additional $50,000,000 of the funds of the Commodity Credit Corporation to provide assistance under the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.). ###

(e)Offset.—101–1 101–1Sec. 101(e) amended sec. 1241(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(3)). ###

(f)That for purposes of the budget scoring guidance in effect for the Congress and the Executive branch respectively, and notwithstanding the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217, any savings from subsection

(e)shall not be scored until fiscal year 2008. ###

(g)The issuance of regulations 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”): *Provided*, That in carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

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