To improve a provision relating to emergency disaster assistance.

SA 3401. Mrs. LINCOLN submitted an amendment intended to be proposed
to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to
amend the Internal Revenue Code of 1986 to extend certain expiring
provisions, and for other purposes; which was ordered to lie on the
table; as follows:

On page 75, line 4, strike ``excessive rainfall or
related'' and insert ``drought, excessive rainfall, or a
related''.
On page 76, line 1, insert ``fruits and vegetables or''
before ``crops intended''.
On page 76, line 13, strike ``90'' and insert ``112.5''.
Beginning on page 76, strike line 18 and all that follows
through ``(4)'' on page 77, line 17, and insert ``(3)''.
On page 78, strike lines 3 through 7 and insert the
following: ``not more than $300,000,000, to remain available
until September 30, 2011, to carry out a program of grants to
States to assist eligible specialty crop producers for losses
due to a natural disaster affecting the 2009 crops, of which
not more than--
(A) $150,000,000 shall be used to assist eligible specialty
crop producers in counties that have been declared a disaster
as the result of drought; and
(B) $150,000,000 shall be used to assist eligible specialty
crop producers in counties that have been declared a disaster
as the result of excessive rainfall or a related condition.
On page 78, lines 18 and 19, strike ``with excessive
rainfall and related conditions''.
On page 78, line 21, strike ``2008'' and insert ``2009''.
On page 79, lines 4 and 5, strike ``under this subsection''
and insert ``for counties described in paragraph (1)(B)''.
On page 80, between lines 3 and 4, insert the following:
(5) Prohibition.--An eligible specialty crop producer that
receives assistance under this subsection shall be ineligible
to receive assistance under subsection (b).
On page 80, line 4, strike ``(5)'' and insert ``(6)''.
On page 87, between lines 4 and 5, insert the following:
(h) Hay Quality Loss Assistance Program.--
(1) Definition of disaster county.--In this subsection:
(A) In general.--The term ``disaster county'' means a
county included in the geographic area covered by a
qualifying natural disaster declaration for flooding that
occurred during the period beginning on May 1, 2009, and
ending on December 31, 2009.
(B) Exclusion.--The term ``disaster county'' does not
include--
(i) a contiguous county; or
(ii) a county that had less than a 10-percent loss in the
quality of the 2009 crop of hay, as determined by the
Secretary.
(2) Assistance.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use such sums as are
necessary to provide assistance to eligible producers of the
2009 crop of hay that suffered quality losses in a disaster
county due to flooding that occurred during the period
beginning on May 1, 2009, and ending on December 31, 2009.
(3) Eligibility.--
(A) In general.--To be eligible to receive assistance under
this subsection, a producer shall certify to the Secretary
that the average quality loss of the producer meets or
exceeds the approved quality adjustment for hay due to
flooding at harvest.
(B) Evidence.--
(i) In general.--In making the certification described in
subparagraph (A), the producer shall provide to the Secretary
reliable and verifiable evidence of the quality loss and the
production of the producer.
(ii) Lack of evidence.--If evidence described in clause (i)
is not available, the Secretary shall use--

(I) in the case of unavailable quality loss evidence,
documentation provided by the Cooperative Extension Service,
State Department of Agriculture, or other reliable sources,
including institutions of higher education, buyers, and
cooperatives, as to the extent of quality loss in the
disaster county; and

[[Page S1112]]

(II) in the case of unavailable production evidence, the
county average yield, as determined by the Secretary.

(4) Determination of payment.--
(A) In general.--Except as provided in subparagraph (B),
the amount of assistance provided under this subsection to an
eligible producer shall equal the product obtained by
multiplying, as determined by the Secretary--
(i) the quantity of hay harvested by the eligible producer;
(ii) a quality adjustment that is equal to the difference
between--

(I) the average price per ton for average quality hay; and
(II) the average price per ton for poor quality hay due to
flooding; and

(iii) 65 percent.
(B) Limitation.--The maximum amount that an eligible
producer may receive under this subsection is $40,000.
(5) Relationship to other law.--Assistance received under
this subsection shall be included in the calculation of farm
revenue for the 2009 crop year under section 531(b)(4)(A) of
the Federal Crop Insurance Act (7 U.S.C. 1531(b)(4)(A)) and
section 901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C.
2497(b)(4)(A)).
(6) Adjusted gross income limitation.--A person or legal
entity with an average adjusted gross nonfarm income that
exceeds the amount described in section 1001D(b)(1)(A) of the
Food Security Act of 1985 (7 U.S.C. 1308-3a(b)(1)(A)) shall
be ineligible to receive benefits under this subsection.
(7) Direct attribution.--In carrying out this subsection,
the Secretary shall apply section 1001(e) of the Food
Security Act of 1985 (7 U.S.C. 1308(e)).
On page 87, line 5, strike ``(h)'' and insert ``(i)''.
On page 89, line 15, insert ``for the purchase,
improvement, or operation of the poultry farm'' after
``lender''.
On page 89, strike line 24 and insert the following:
(j) State and Local Governments.--Section 1001(f)(6)(A) of
the Food Security Act of 1985 (7 U.S.C. 1308(f)(6)(A)) is
amended by inserting ``(other than the conservation reserve
program established under subchapter B of chapter 1 of
subtitle D of title XII of this Act)'' before the period at
the end.
(k) Administration.--
On page 90, line 4, insert ``and the amendment made by this
section'' after ``section''.
On page 90, line 7, insert ``and the amendment made by this
section'' before ``shall be''.
On page 91, line 1, strike ``$15,000,000'' and insert
``$10,000,000''.

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