An amendment to insert a new title, entitled,''Title IV--Louisiana Hurricanes Agricultural Disaster Relief''.

1. Adds TITLE IV--LOUISIANA HURRICANES AGRICULTURAL DISASTER RELIEF at the end of title III

   Adds a title

   Inserted: TITLE IV--LOUISIANA HURRICANES AGRICULTURAL DISASTER RELIEF

   Inserted: SEC. 4001. SHORT TITLE.

   Inserted: This title may be cited as the "Louisiana Hurricanes Agricultural Disaster Relief Act of 2006".

   Inserted: SEC. 4002. APPLICATION TO LOUISIANA PARISHES DESIGNATED AS DISASTER AREAS DUE TO HURRICANE KATRINA, HURRICANE RITA, OR RELATED CONDITIONS.

   Inserted: In this title, the term "disaster parish" means a parish in the State of Louisiana, all or a portion of which is included in the geographic area covered by a natural disaster declaration--

   Inserted: (1) made by the Secretary of Agriculture under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) due to Hurricane Katrina, Hurricane Rita, or related conditions; or

   Inserted: (2) made by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) due to Hurricane Katrina, Hurricane Rita, or related conditions.

   Inserted: SEC. 4003. CROP DISASTER ASSISTANCE.

   Inserted: (a) 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 $25,000,000 of the funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm in a disaster parish (other than producers of sugar cane) that have incurred qualifying crop or quality losses for the 2005 crop of an insurable commodity or noninsurable commodity due to Hurricane Katrina, Hurricane Rita, or a related condition. In the case strawberries, assistance under this section shall be available for the 2005 and 2006 crops for damages to such crops due to Hurricane Katrina, Hurricane Rita, or a related condition.

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

   Inserted: (c) Ineligibility for Assistance.--Except as provided in subsection (d), 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--

   Inserted: (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;

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   Inserted: (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;

   Inserted: (3) had adjusted gross incomes, as defined by section 1001D of the Food Security Act of 1985, of greater than $2,500,000 in 2004; or

   Inserted: (4) were not in compliance with highly erodible land conservation and wetland conservation provisions.

   Inserted: (d) Contract Waiver.--The Secretary of Agriculture may waive subsection (c) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree--

   Inserted: (1) in the case of all insurable commodities produced on the farm for each of the next two crop years--

   Inserted: (A) to obtain additional coverage for those commodities under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and

   Inserted: (B) in the event of violation of the contract, to repay to the Secretary any payment received under this section; and

   Inserted: (2) in the case of all noninsurable commodities produced on the farm for each of the next two crop or calendar years, as applicable--

   Inserted: (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

   Inserted: (B) in the event of violation of the contract, to repay to the Secretary any payment received under this section.

   Inserted: (e) Payment Limitations.--

   Inserted: (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 of Agriculture.

   Inserted: (2) Other payments.--In applying the limitation in paragraph (1), the Secretary shall include the following:

   Inserted: (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.

   Inserted: (B) The value of the crop that was not lost (if any), as estimated by the Secretary.

   Inserted: (f) Definitions.--In this section:

   Inserted: (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)).

   Inserted: (2) Insurable commodity.--The term "insurable commodity" means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).

   Inserted: (3) 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).

   Inserted: SEC. 4004. SUPPLEMENTAL DIRECT PAYMENTS FOR COVERED COMMODITIES.

   Inserted: (a) Payments Required.--The Secretary of Agriculture shall make payments to producers on a farm eligible for direct payments for the 2005 crop of a covered commodity under section 1103 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7913) if--

   Inserted: (1) the farm is located in a disaster county; or

   Inserted: (2) the producers on the farm have incurred qualifying crop losses with respect to the 2005 crop of a covered commodity due to damaging weather or related condition, as determined by the Secretary, using the same loss thresholds for the quantity and quality losses as were used in administering section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549, 1549A-55).

   Inserted: (b) Amount.--The amount of the payment made to the producers on a farm under this section shall be equal to 100 percent of the amount of the direct payment the producers on the farm are eligible to receive for the 2005 crop under section 1103 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7913).

   Inserted: (c) Crop Insurance.--As a condition of the receipt of a payment under this section, the producers on the farm shall enter into a contract with the Secretary of Agriculture under which the producers on the farm agree--

   Inserted: (1) in the case of the covered commodity and all other insurable commodities produced on the farm for each of the next two crop years--

   Inserted: (A) to obtain at least catastrophic risk protection coverage for those commodities under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and

   Inserted: (B) in the event of violation of the contract, to repay to the Secretary any payment received under this section; and

   Inserted: (2) in the case of all eligible noninsurable commodities produced on the farm for each of the next two crop or calendar years, as applicable--

   Inserted: (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

   Inserted: (B) in the event of violation of the contract, to repay to the Secretary any payment received under this section.

   Inserted: (d) Administration.--For purposes of sections 1001 through 1001F of the Food Security Act of 1985 (7 U.S.C. 1308 et seq.), payments received under this section shall be considered direct payments made to a person under subtitle A of title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911 et seq.).

   Inserted: (e) Relation to Other Assistance.--A person that elects to receive payments under this section for a covered commodity is not eligible for crop disaster assistance under section 4003 for the same commodity.

   Inserted: (f) Time for Payment.--The Secretary shall make payments under this section as soon as practicable after the date of enactment of this Act.

   Inserted: SEC. 4005. SUGARCANE DISASTER ASSISTANCE.

   Inserted: (a) Compensation for Losses.--In the case of first processors of sugarcane that operate in a disaster parish, or obtain sugarcane from a disaster parish, 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)), the Secretary of Agriculture shall use the funds, facilities, and authorities of the Commodity Credit Corporation to make assistance available to such first processors, in the form of monetary payments or commodities in the inventory of the Commodity Credit Corporation derived from carrying out that section, to compensate producers and first processors for crop and other losses due to Hurricane Katrina, Hurricane Rita, or related conditions.

   Inserted: (b) Administration.--Assistance under subsection (a) shall be--

   Inserted: (1) 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 subsection (c) necessary to compensate affected producers for individual losses experienced by such 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

   Inserted: (2) made available under such terms and conditions as the Secretary of Agriculture determines are necessary to carry out subsection (a).

   Inserted: (c) Amount of Assistance.--To carry out subsection (a), the Secretary of Agriculture shall--

   Inserted: (1) convey to first processors described in subsection (a) 689,441 tons of commodities in the inventory of the Commodity Credit Corporation derived from carrying out section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a));

   Inserted: (2) make monetary payments to the first processor in an aggregate amount equal to the domestic market value of the quantity of commodities specified in paragraph (1); or

   Inserted: (3) take any combination of actions described in paragraphs (1) and (2) using commodities or monetary payments.

   Inserted: (d) Loss Determination.--In carrying out subsection (a), the Secretary of Agriculture 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 authorized under section 207 of the Agricultural Assistance Act of 2003 (title II of division N of Public Law 108-7; 16 U.S.C. 3801 note).

   Inserted: (e) Marketing Recovery Assistance.--Effective for the 2005 crop of a commodity eligible for a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) or until such time that the Secretary determines that the transportation, handling, and refining sectors are sufficiently recovered to allow for an orderly marketing of a crop of such commodity, the Secretary shall--

   Inserted: (1) not charge interest on a loan made under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a));

   Inserted: (2) use such sums as are necessary of the funds of the Commodity Credit Corporation to pay storage, including any handling and associated costs, with respect to such commodity; and

   Inserted: (3) use such sums as are necessary of the funds of the Commodity Credit Corporation to compensate first processors for costs associated with transporting such commodity via tractor trailer to refineries located at New Orleans, Louisiana, or via ocean-going vessel to refineries located at Savannah, Georgia, Baltimore, Maryland, or Yonkers, New York.

   Inserted: (f) Limitation.--The Secretary of Agriculture shall provide assistance under subsections (a) and (e) only in a State described in section 359f(c)(1)(A) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(c)(1)(A)).

   Inserted: SEC. 4006. COMPENSATION FOR INFRASTRUCTURE LOSSES.

   Inserted: (a) Infrastructure Losses.--Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary of Agriculture, $40,000,000 to compensate agricultural producers on a farm operating in a disaster parish for costs incurred to repair or replace barns and other structures, equipment, and fencing that--

   Inserted: (1) was used to produce an agricultural commodity; and

   Inserted: (2) was damaged or destroyed by Hurricane Katrina, Hurricane Rita, or related conditions or in responding to the aftermath of the hurricanes.

   Inserted: (b) Timing of Assistance.--The Secretary of Agriculture may provide assistance authorized under this section in the form of--

   Inserted: (1) reimbursement for eligible repair or replacement costs previously incurred by producers; or

   Inserted: (2) cash or in-kind assistance in advance of the producer undertaking the needed repair or replacement work.

   Inserted: (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, section 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 of Agriculture.

   Inserted: SEC. 4007. ASSISTANCE TO DAIRY AND LIVESTOCK PRODUCERS.

   Inserted: (a) Dairy Cattle Losses.--The Secretary of Agriculture shall use $250,000 of funds of the Commodity Credit Corporation to make payments for dairy cattle losses of dairy producers in disaster parishes due to Hurricane Katrina, Hurricane Rita, or related conditions. To the maximum extent practicable, 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). A disaster parish so declared by the President as a result of Hurricane Katrina or Hurricane Rita in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) that does not qualify for assistance under this section shall be eligible for assistance in the same manner as provided in section 203 of the Agricultural Assistance Act of 2003 (title II of division N of Public Law 108-7; 16 U.S.C. 3801 note).

   Inserted: (b) Indemnity Program for Other Livestock Losses.--The Secretary of Agriculture shall use $11,000,000 of the funds of the Commodity Credit Corporation to carry out a livestock indemnity program to make payments to producers on farms in disaster parishes that have incurred livestock losses, not covered by subsection (a), due to Hurricane Katrina, Hurricane Rita, or related conditions. To the maximum extent practicable, the Secretary shall use the criteria established under the program referred to under the heading "livestock indemnity program" in chapter 1 of title I of the 1999 Emergency Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 59), except that the Secretary shall use a payment rate of $1,000 per head of cattle and shall not impose any limitation on the maximum amount of payments that a producer may receive under this subsection.

   Inserted: (c) Dairy Production Losses.--The Secretary of Agriculture shall use $5,000,000 of funds of the Commodity Credit Corporation to compensate dairy producers operating in disaster parishes for dairy production losses and dairy spoilage losses incurred in the aftermath of Hurricane Katrina or Hurricane Rita.

   Inserted: (d) Livestock Compensation Program.--The Secretary of Agriculture shall use $5,000,000 of the funds of the Commodity Credit Corporation to carry out a livestock compensation program to make payments for livestock-related losses, not covered by subsection (b), in disaster parishes due to Hurricane Katrina, Hurricane Rita, or related conditions. To the maximum extent practicable, the Secretary shall use the criteria established under the program referred to in section 203(a) of the Agricultural Assistance Act of 2003 (title II of division N of Public Law 108-7; 16 U.S.C. 3801 note), except that the Secretary shall not impose any limitation on the maximum amount of payments that a producer may receive under this subsection.

   Inserted: (e) Emergency Animal Health and Forage Costs.--The Secretary of Agriculture shall use $4,375,000 of funds of the Commodity Credit Corporation to compensate dairy producers operating in disaster parishes for emergency dairy cattle health costs and increased forage costs due to a 30- to 90-day delay in planning in the aftermath of Hurricane Katrina or Hurricane Rita.

   Inserted: SEC. 4008. ANIMALS COVERED UNDER LIVESTOCK ASSISTANCE PROGRAMS.

   Inserted: (a) Inclusion of Horses Under Assistance Programs.--In carrying out a livestock assistance, compensation, or feed program, the Secretary of Agriculture shall include horses within the definition of livestock covered by the program.

   Inserted: (b) Emergency Livestock Feed Assistance.--Section 602(2) of the Agricultural Act of 1949 (7 U.S.C. 1471(2)) is amended--

   Inserted: (1) by inserting "horses," after "bison,"; and

   Inserted: (2) by striking "equine animals used for food or in the production of food".

   Inserted: (c) Livestock Assistance Program.--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), is amended by inserting "(including losses to elk, reindeer, bison, and horses)" after "livestock losses".

   Inserted: (d) Livestock Producer Assistance.--Section 10104(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1472(a)) is amended by striking "and bison" and inserting "bison, and horses".

   Inserted: (e) Livestock Assistance Programs.--Section 203(d)(2) of the Agricultural Assistance Act of 2003 (Public Law 108-7; 117 Stat. 541) is amended by striking "and bison" and inserting "bison, and horses".

   Inserted: (f) Applicability.--This section and the amendments made by this section apply to losses resulting from a disaster that occurs on or after August 28, 2005. This section and the amendments made by this section do not apply to losses resulting from a disaster that occurred before that date.

   Inserted: SEC. 4009. ASSISTANCE FOR DOMESTIC AQUICULTURE PRODUCERS.

   Inserted: The Secretary of Agriculture shall use $45,000,000 of funds of the Commodity Credit Corporation to carry out a program to make payments to producers for the loss of crawfish, turtles, and other aquacultural commodities in disaster parishes.

   Inserted: SEC. 4010. EMERGENCY CITRUS DISASTER, NURSERY CROP AND CHRISTMAS TREE DISASTER, AND STRAWBERRY, HORTICULTURAL CROPS, FALL FRUITS AND VEGETABLES DISASTER PROGRAMS.

   Inserted: (a) Programs Required.--The Secretary of Agriculture shall transfer to the fund established by section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), $45,000,000 of funds of the Commodity Credit Corporation to carry out a Citrus Disaster Program, Nursery Crop and Christmas Tree Disaster Program, and Strawberry, Horticultural Crops, Fall Fruits and Vegetables Program in disaster parishes due to Hurricane Katrina, Hurricane Rita, or related conditions.

   Inserted: (b) Administration.--

   Inserted: (1) In general.--Except as otherwise provided in this subsection, the disaster programs required by subsection (a) shall be carried out by the Secretary of Agriculture in the same manner as the special disaster relief programs carried out for producers who suffered from crop damage and tree losses, and who had to perform related cleanup, in certain areas of Florida due to Hurricanes Charley, Frances and Jeanne during August and September 2004. Because of 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 the programs.

   Inserted: (2) Special acreage compensation amount for citrus losses.--Because of the complete loss of the Louisiana citrus crop due to Hurricane Katrina and Hurricane Rita, the Secretary shall use only Tier 1 of the Florida Citrus Disaster Program in administering the Citrus Disaster Program required by subsection (a), and the per acre compensation for crop loss and associated tree damage in eligible groves of citrus shall be $9,023 rather than $1,500.

   Inserted: (3) Special loss threshold and payment rate for horticultural crops.--In the case of the Strawberry, Horticultural Crops, Fall Fruits and Vegetables Program required by subsection (a), the Secretary shall cover losses greater than 35 percent, rather than 50 percent, and use a single payment rate of $2,500 per acre for planted fruits and vegetables.

   Inserted: (4) Special payment rate for severe nursery crop losses.--In the case of nursery crop losses of greater than 25 percent under the Nursery Crop and Christmas Tree Disaster Program required by subsection (a), the Secretary shall pay 75 percent of the actual dollar amount loss, rather than 25 percent.

   Inserted: (5) Payment limitations.--The Secretary shall not impose any limitation on the maximum amount of payments that a producer may receive under a program required by subsection (a).

   Inserted: (c) Relation to Other Assistance.--Persons that receive payments from section 32 of the Act of August 24, 1935, pursuant to a disaster program required by subsection (a) are not eligible for payments for qualifying crop or quality losses under the general crop disaster assistance authority of section 4003.

   Inserted: SEC. 4011. CONSERVATION PROGRAMS.

   Inserted: (a) Temporary Sodbuster and Swampbuster Waiver.--Subtitles B and C of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) shall not apply in a disaster parish during the two-year period beginning on the date of enactment of this Act.

   Inserted: (b) Debris Removal.--The Secretary of Agriculture may use the Natural Resources Conservation Service to conduct debris-removal activities on non-Federal forest land, with the permission of the owner of the land, in a disaster parish to reduce the risk of future catastrophic wildfires that would adversely affect watersheds and rural communities.

   Inserted: (c) Additional Emergency Watershed Protection Program Funds.--The Secretary of Agriculture shall use an additional $269,000,000 of the funds of the Commodity Credit Corporation for the Emergency Watershed Protection Program to provide additional funds for the repair of damages to waterways and watersheds in disaster parishes resulting from Hurricane Katrina or Hurricane Rita.

   Inserted: (d) Administrative Expenses.--Amounts made available under subsections (c) and (d) shall be available to cover the salaries and expenses of additional staff of the Department of Agriculture hired or detailed to carry out this section.

   Inserted: SEC. 4012. TREE ASSISTANCE PROGRAM.

   Inserted: (a) Inclusion of Timber, Christmas Tree, and Pecan Crops.--In administering 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.), the Secretary of Agriculture shall provide $37,000,000 to forest land owners who produce periodic crops of timber, Christmas trees, or pecans for commercial purposes and who have suffered tree losses in disaster parishes due to Hurricane Katrina, Hurricane Rita, or related conditions

   Inserted: (b) Cost-Sharing Waivers.--

   Inserted: (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 parishes in response to Hurricane Katrina, Hurricane Rita, or related conditions.

   Inserted: (2) Cooperative forestry assistance act.--The cost-sharing requirements of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101) shall not apply in disaster parishes during the two-year period beginning on the date of enactment of this Act.

   Inserted: (c) Relation to Other Assistance.--Persons that receive payments from section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), pursuant to the Citrus Disaster Program required by section 4009 are not eligible for payments under the tree assistance program.

   Inserted: (d) Additional State and Private Forestry Program Funds.--The Secretary of Agriculture shall use an additional $42,000,000 of the funds of the Commodity Credit Corporation to support State and Private Forestry programs of the Department of Agriculture to provide additional funds for the restoration and rehabilitation of forest lands destroyed or damaged by Hurricane Katrina or Hurricane Rita in disaster parishes.

   Inserted: SEC. 4013. ADDITIONAL FUNDS FOR COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION SERVICE.

   Inserted: The Secretary of Agriculture shall use an additional $34,193,591 of the funds of the Commodity Credit Corporation to support the research and education activities of the Cooperative State Research, Education, and Extension Service in disaster parishes. Of such amount, $9,060,000 shall be made available to the Louisiana Agricultural Experiment Station, $10,133,591 shall be made available to the Louisiana Cooperative Extension Service, and $15,000,000 shall be made available to the Louisiana State University Agricultural Center to carry out the Hurricane Forestry Damage Research Initiative.

   Inserted: SEC. 4014. WATER AND WASTE DISPOSAL LOAN AND GRANT PROGRAMS.

   Inserted: In the case of water or waste disposal grants or direct or guaranteed loans under paragraph (1), (2), or (24) of section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) made in an area designated a major disaster area by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), section 343(a)(13)(B) of that Act and section 149(b) of the Internal Code of 1986 shall not apply.

   Inserted: SEC. 4015. COMMUNITY FACILITIES LOAN AND GRANT PROGRAMS.

   Inserted: (a) In General.--In the case of community facility direct and guaranteed loans under section 306(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1)) and community facility grants under paragraph (19), (20), or (21) of section 306(a) of that Act made in an area designated a major disaster area by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), sections 306(a)(21)(A)(iv) and 343(a)(13)(C) of that Act and section 149(b) of the Internal Code of 1986 shall not apply.

   Inserted: (b) Restructuring.--A borrower receiving a guaranteed loan or grant described in subsection (a) as of the date of enactment of this Act may restructure the loan at new rates and terms regardless of the status of the loan.

   Inserted: (c) Reduction of Guarantee Fee.--Notwithstanding any provision of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) (including associated regulations), the Secretary of Agriculture may waive all or part of any fee associated with a guaranteed loan described in subsection (a).

   Inserted: SEC. 4016. RURAL COMMUNITY ADVANCEMENT FUNDS.

   Inserted: (a) In General.--Subject to subsection (b), in addition to any other amounts made available by law, the Secretary of Agriculture shall use--

   Inserted: (1) $120,000,000 to make water and waste disposal direct loans under section 306(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1));

   Inserted: (2) $60,000,000 to make water and waste disposal grants under section 306(a)(2) of that Act (7 U.S.C. 1926(a)(2));

   Inserted: (3) $10,000,000 to make water and waste disposal guaranteed loans under section 306(a)(24) of that Act (7 U.S.C. 1926(a)(24));

   Inserted: (4) $20,000,000 to make emergency community water assistance grants under section 306A of that Act (7 U.S.C. 1926a);

   Inserted: (5) $120,000,000 to make community facilities direct loans under section 306(a)(1) of that Act (7 U.S.C. 1926(a)(1));

   Inserted: (6) $60,000,000 to make community facilities grants under paragraph (19), (20), or (21) of section 306(a) of that Act (7 U.S.C. 1926(a)); and

   Inserted: (7) $20,000,000 to make community facilities guaranteed loans under section 306(a)(1) of that Act (7 U.S.C. 1926(a)).

   Inserted: (b) Requirement.--Loans and grants funded under this section shall be available for projects in communities in the State of Louisiana in areas that have been designated as major disaster areas by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

   Inserted: SEC. 4017. FISHERIES DISASTER ASSISTANCE.

   Inserted: The following amounts are appropriated for the National Oceanic and Atmospheric Administration, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2006:

   Inserted: (1) Fisheries disaster assistance.--In addition to amounts appropriated or otherwise made available for such purpose, $248,000,000, to remain available until expended, for a direct, lump-sum grant to the Louisiana Department of Wildlife and Fisheries for direct grants to Louisiana harvesters and vessel owners to provide replacement of the dockside values for all fishery resources in fisheries impacted by Hurricane Katrina and Hurricane Rita. The Secretary of Commerce shall make such amount available to the Louisiana Department of Wildlife and Fisheries not more than 30 days after the date of enactment of this Act and may not expend more than 2 percent of such amount for administration, technical assistance, and operation related to such grant.

   Inserted: (2) Menhaden fisheries recovery.--In addition to amounts appropriated or otherwise made available for such purpose, $14,000,000, to remain available until expended, for a direct, lump-sum grant to the Louisiana Department of Wildlife and Fisheries for direct grants to Louisiana harvesters and vessel owners to provide replacement for the dockside values for the menhaden fisheries impacted by Hurricane Katrina and Hurricane Rita.

   Inserted: (3) Louisiana oyster recovery.--In addition to amounts appropriated or otherwise made available for such purpose, $30,000,000, to remain available until expended, for a direct, lump-sum grant to the Louisiana Oyster Task Force and the Louisiana Department of Wildlife and Fisheries for the complete rehabilitation of public oyster reefs under the jurisdiction of Louisiana that were impacted by Hurricane Katrina and Hurricane Rita. Of such amount, $1,000,000 shall be made available for oyster hatcheries in Louisiana, and $8,000,000 shall be made available for oyster lease resurveying and oyster lease boundaries and for oyster lease equipment and facilities.

   Inserted: (4) Fisheries infrastructure recovery.--In addition to amounts appropriated or otherwise made available for such purpose, $268,000,000, to remain available until expended, for the establishment of strategically located emergency fisheries infrastructure facilities to provide the dockside infrastructure required for the delivery of fish products to market in all fisheries impacted by Hurricane Katrina and Hurricane Rita.

   Inserted: (5) Louisiana marine research recovery.--In addition to amounts appropriated or otherwise made available for such purpose, $14,000,000, to remain available until expended, for a direct, lump-sum grant to the Louisiana Department of Wildlife and Fisheries for the replacement of coastal and marine research facilities impacted by Hurricane Katrina and Hurricane Rita.

   Inserted: (6) Seafood marketing.--In addition to amounts appropriated or otherwise made available for such purpose, $35,000,000, including $1,500,000 for the Louisiana Oyster Task Force, to remain available until expended, for a direct, lump-sum grant to the Louisiana Seafood Promotion and Marketing Board to rebuild markets for seafood products in fisheries impacted in Hurricane Katrina and Hurricane Rita.

   Inserted: (7) Louisiana license renewal.--In addition to amounts appropriated or otherwise made available for such purpose, $16,500,000, to remain available until expended, for a direct, lump-sum grant to the Louisiana Department of Wildlife and Fisheries to provide license renewal fees for commercial or recreational fishing license holders and to provide oyster lease rent or renewal fees.

   Inserted: (8) Fisheries habitat.--In addition to amounts appropriated or otherwise made available for such purpose, $10,000,000, to remain available until expended, to restore and rehabilitate marsh, nursery habitat for fish, shrimp, and crabs in Louisiana.

   Inserted: (9) Severe weather forecasting and warning.--In addition to amounts appropriated or otherwise made available for such purpose, $4,000,000, to remain available until expended, for the National Weather Service to ensure continued weather forecasting services in areas that could be impacted by hurricanes and other severe coastal weather events, including floods. Such funds should be made available to the South Regional Weather Center for hurricane forecasting and data delivery during an emergency.

   Inserted: (10) Louisiana state university hurricane center.--In addition to amounts appropriated or otherwise made available for such purpose, $5,000,000, to remain available until expended, to implement an emergency response decision support system and expert guidance that is capable of rapid deployment to support emergency response and recovery activities, including scalable hurricane response capabilities, in-place resources and readiness, integrated modeling and information delivery systems, pre-defined inventories of domain experts and resources, and an infrastructure that may be adopted in all regions of the Eastern United States that are impacted hurricanes and the Caribbean region. Such system shall be integrated with Federal and State response planning and shall be developed in cooperation with universities in Louisiana.

   Inserted: SEC. 4018. WAIVER OF FEDERAL FISHERIES LAWS AND REGULATIONS.

   Inserted: The Secretary of Commerce shall waive the provisions of any Federal law or regulation that requires the protection of endangered or otherwise protected species in the immediate waters impacted by Hurricane Katrina and Hurricane Rita. Such waiver shall be effective for a 1-year period beginning on a date determined by the Secretary, in consultation with the head of the Louisiana Department of Wildlife and Fisheries.

   Inserted: SEC. 4019. EXEMPTION OF MOLLUSCAN SHELLFISH CULTURE ACTIVITIES.

   Inserted: Section 9 of the National Aquaculture Act of 1980 (16 U.S.C. 2808) is amended by adding at the end the following:

   Inserted: "(c) Exemption for Molluscan Shellfish Culture Activities.--Molluscan shellfish culture activities are not prohibited by or otherwise subject to regulation under--

   Inserted: "(1) section 10 of the Act of March 3, 1899 (chapter 425; 33 U.S.C. 403), popularly known as the Rivers and Harbors Appropriations Act of 1899; and

   Inserted: "(2) section 301(a), 402, or 404 of the Federal Water Pollution Control Act (33 U.S.C. 1311(a), 1342, 1344).".

   Inserted: SEC. 4020. REGULATIONS.

   Inserted: (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this title and the amendments made by this title.

   Inserted: (b) Procedure.--The promulgation of the regulations and administration of this title and the amendments made by this title shall be made without regard to--

   Inserted: (1) the notice and comment provisions of section 553 of title 5, United States Code;

   Inserted: (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

   Inserted: (3) chapter 35 of title 44, United States Code (commonly known as the "Paperwork Reduction Act").

   Inserted: (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary of Agriculture shall use the authority provided under section 808 of title 5, United States Code.

   Inserted: SEC. 4021. EMERGENCY DESIGNATION.

   Inserted: Amounts provided pursuant to this title or amendments made by this title are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

   Original wording

   At the end of title III (before the short title), add the following new title:

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As printed