S.Amdt. 167

SA 167. Mr. PERDUE (for himself, Mr. Isakson, Mr. Jones, and Mr.
Scott of South Carolina) submitted an amendment intended to be proposed
by him to the bill S. 47, to provide for the management of the natural
resources of the United States, and for other purposes; which was
ordered to lie on the table; as follows:

At the end, add the following:

TITLE X--ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF,
2019

The following sums in this title are appropriated, out of
any money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2019, and for other
purposes, namely:

DEPARTMENT OF AGRICULTURE

AGRICULTURAL PROGRAMS

Processing, Research and Marketing

Office of the Secretary

For an additional amount for the ``Office of the
Secretary'', $3,005,442,000, which shall remain available
until December 31, 2020, for necessary expenses related to
losses of crops (including milk and harvested adulterated
wine grapes), trees, bushes, and vines, as a consequence of
Hurricanes Michael or Florence, other hurricanes, typhoons,
volcanic activity, or wildfires occurring in calendar year
2018 under such terms and conditions as determined by the
Secretary of Agriculture (referred to in this title as the
``Secretary''):  Provided, That the Secretary may provide
assistance for such losses in the form of block grants to
eligible states and territories and such assistance may
include compensation to producers, as determined by the
Secretary, for past or future crop insurance premiums, forest
restoration, and poultry and livestock losses:  Provided
further, That of the amounts provided under this heading,
tree assistance payments may be made under section 1501(e) of
the Agricultural Act of 2014 (7 U.S.C. 9081(e)) to eligible
orchardists or nursery tree growers (as defined in such
section) of pecan trees with a tree mortality rate that
exceeds 7.5 percent (adjusted for normal mortality) and is
less than 15 percent (adjusted for normal mortality), to be
available until expended, for losses incurred during the
period beginning January 1, 2018, and ending December 31,
2018:  Provided further, That in the case of producers
impacted by volcanic activity that resulted in the loss of
crop land, or access to crop land, the Secretary shall
consider all measures available, as appropriate, to bring
replacement land into production:  Provided further, That the
total amount of payments received under this heading and
applicable policies of crop insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop
Disaster Assistance Program (NAP) under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333) shall not exceed 90 percent of the loss as
determined by the Secretary:  Provided further, That the
total amount of payments received under this heading for
producers who did not obtain a policy or plan of insurance
for an insurable commodity for the applicable crop year under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for
the crop incurring the losses or did not file the required
paperwork and pay the service fee by the applicable State
filing deadline for a noninsurable commodity for the
applicable crop year under NAP for the crop incurring the
losses shall not exceed 70 percent of the loss as determined
by the Secretary:  Provided further, That producers receiving
payments under this heading, as determined by the Secretary,
shall be required to purchase crop insurance where crop
insurance is available for the next two available crop years,
excluding tree insurance policies, and producers receiving
payments under this heading shall be required to purchase
coverage under NAP where crop insurance is not available in
the next two available crop years, as determined by the
Secretary:  Provided further, That, not later than 120 days
after the end of fiscal year 2019, the Secretary shall submit
a report to the Congress specifying the type, amount, and
method of such assistance by state and territory:  Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.

Farm Service Agency

emergency forest restoration program

For an additional amount for the ``Emergency Forest
Restoration Program'', for necessary expenses related to the
consequences of Hurricanes Michael and Florence and wildfires
occurring in calendar year 2018, and other natural disasters,
$480,000,000, to remain available until expended:  Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.

Natural Resources Conservation Service

watershed and flood prevention operations

For an additional amount for ``Watershed and Flood
Prevention Operations'', for necessary expenses for the
Emergency Watershed Protection Program related to the
consequences of Hurricanes Michael and Florence and wildfires
occurring in calendar year 2018, and other natural disasters,
$125,000,000, to remain available until expended:  Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.

[[Page S1147]]

Rural Development

rural community facilities program account

For an additional amount for the cost of grants for rural
community facilities programs as authorized by section 306
and described in section 381E(d)(1) of the Consolidated Farm
and Rural Development Act, for necessary expenses related to
the consequences of Hurricanes Michael and Florence and
wildfires occurring in calendar year 2018, and other natural
disasters, $150,000,000, to remain available until expended:
Provided, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the
funds made available under this heading:  Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.

GENERAL PROVISIONS--THIS TITLE

Sec. 10001.  In addition to amounts otherwise made
available, out of the funds made available under section 18
of Food and Nutrition Act of 2008, $25,200,000 shall be
available for the Secretary to provide a grant to the
Commonwealth of the Northern Mariana Islands for disaster
nutrition assistance in response to the Presidentially
declared major disasters and emergencies:  Provided, That
funds made available to the Commonwealth of the Northern
Mariana Islands under this section shall remain available for
obligation by the Commonwealth until September 30, 2020:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 10002.  For purposes of administering title I of
subdivision 1 of division B of the Bipartisan Budget Act of
2018 (Public Law 115-123), losses to agricultural producers
resulting from hurricanes shall also include losses incurred
from Tropical Storm Cindy and losses of peach and blueberry
crops in calendar year 2017 due to extreme cold:  Provided,
That the amounts provided by this section are designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985:  Provided further,
That amounts repurposed under this heading that were
previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 10003. (a)(1) Except as provided in paragraph (2), a
person or legal entity is not eligible to receive a payment
under the Market Facilitation Program established pursuant to
the Commodity Credit Corporation Charter Act (15 U.S.C. 714
et seq.) if the average adjusted gross income of such person
or legal entity is greater than $900,000.
(2) Paragraph (1) shall not apply to a person or legal
entity if at least 75 percent of the adjusted gross income of
such person or legal entity is derived from farming,
ranching, or forestry related activities.
(b) A person or legal entity may not receive a payment
under the Market Facilitation Program described in subsection
(a)(1), directly or indirectly, of more than $125,000.
(c) In this section, the term ``average adjusted gross
income'' has the meaning given the term defined in section
760.1502 of title 7 Code of Federal Regulations (as in effect
July 18, 2018).
(d) The amount provided by this section is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
______