S.Amdt. 1798

1. 1

   Change 1: Replaces “$128,072,000” with “$125,072,000”

   ReplacesPage 85, line 15Printed page

   [struck: $128,072,000][inserted: $125,072,000]

   Original wording

   On page 85, line 15, strike “$128,072,000” and insert “$125,072,000”.

2. 2

   Change 2: Adds SEC. 7__. INUNDATED CROP AND GRAZING LAND on page 173, line 24

   Adds a sectionPrinted page

   Inserted: SEC. 7__. INUNDATED CROP AND GRAZING LAND.

   Inserted: (a) In General.--The Secretary of Agriculture shall compensate owners of crop and grazing land that meets the requirements under subsection (b) in--

   Inserted: (1) the Devils Lake basin; and

   Inserted: (2) the McHugh, Lake Laretta, and Rose Lake closed drainage areas of the State of North Dakota.

   Inserted: (b) Eligibility.--

   Inserted: (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 the natural overflow of the closed basins described in subsection (a), as determined by the Secretary.

   Inserted: (2) Inclusions.--Land described in paragraph (1) shall include--

   Inserted: (A) land that has been inundated;

   Inserted: (B) land that has been rendered inaccessible due to the overflow of the closed basins; and

   Inserted: (C) a reasonable buffer strip adjoining the land, as determined by the Secretary.

   Inserted: (3) Administration.--The Secretary may establish--

   Inserted: (A) reasonable minimum acreage levels for individual parcels of land for which owners may receive compensation under this section; and

   Show 21 more inserted paragraphsShow less

   Inserted: (B) the location and area of adjoining land for which owners may receive compensation under this section.

   Inserted: (c) Sign-Up.--Not later than 120 days after the date of enactment of this Act, the Secretary shall carry out a sign-up program for eligible owners to apply for compensation from the Secretary under this section.

   Inserted: (d) Compensation Payments.--

   Inserted: (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 remained in production in the county where the land is located, as determined by the Secretary.

   Inserted: (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.

   Inserted: (3) Exclusion.--During any year in which an owner receives compensation for inundated land under this section, the owner shall not be eligible to participate in or receive benefits for the land under--

   Inserted: (A) the Federal crop insurance program established under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);

   Inserted: (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

   Inserted: (C) any Federal agricultural crop disaster assistance program.

   Inserted: (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.

   Inserted: (f) Use of Land.--

   Inserted: (1) In general.--An owner that receives compensation under this section shall take such actions as are necessary to not degrade any wildlife habitat that has naturally developed on the land.

   Inserted: (2) Recreational activities.--To encourage owners that receive compensation under this section to allow public access to and use of the land for recreational activities, as determined by the Secretary, the Secretary may--

   Inserted: (A) offer an eligible owner additional compensation; and

   Inserted: (B) provide compensation for additional acreage under this section.

   Inserted: (g) Funding.--

   Inserted: (1) In general.--There is appropriated, out of any money in the Treasury not otherwise appropriated, to carry out this section $3,000,000 for fiscal year 2006, to remain available until expended.

   Inserted: (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.

   Inserted: (3) Payment dates.--

   Inserted: (A) In general.--Not later than June 30, 2006, the Secretary shall make payments to eligible owners in an amount equal to 50 percent of the total annual payment amount for fiscal year 2006 as calculated under subsection (d).

   Inserted: (B) Remaining payment.--During the period beginning on October 1, 2006, and ending on October 15, 2006, the Secretary shall make the remaining payments to eligible owners in an amount equal to 50 percent of the total annual payment amount for fiscal year 2006 as calculated under subsection (d).

   Original wording

   On page 173, after line 24, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed