[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 925 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 925
To provide emergency agricultural disaster assistance for agricultural
producers, manufacturers, and workers in the State of California, to
appropriate funds for Pacific salmon emergency disaster assistance, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2007
Mr. Nunes (for himself, Mr. Costa, Mr. Cardoza, Mr. McCarthy of
California, Mr. Radanovich, Mrs. Capps, Mr. Filner, Ms. Zoe Lofgren of
California, Mr. Sherman, Ms. Loretta Sanchez of California, Mr.
Thompson of California, Mr. Lantos, Ms. Eshoo, Mr. Berman, Mr.
McNerney, Ms. Solis, Ms. Watson, Mrs. Tauscher, Ms. Woolsey, Mr. Baca,
Mr. Honda, Ms. Linda T. Sanchez of California, Mr. George Miller of
California, Ms. Harman, Mrs. Napolitano, and Ms. Matsui) introduced the
following bill; which was referred to the Committee on Agriculture, and
in addition to the Committees on the Budget, Natural Resources, and
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide emergency agricultural disaster assistance for agricultural
producers, manufacturers, and workers in the State of California, to
appropriate funds for Pacific salmon emergency disaster assistance, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency Farm
Assistance Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AGRICULTURAL PRODUCTION LOSSES
Sec. 101. Specialty crops.
Sec. 102. Dairy assistance.
Sec. 103. Livestock indemnity payments.
Sec. 104. Payment limitation.
TITLE II--SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM
Sec. 201. Small business economic loss grant program.
TITLE III--FORESTRY
Sec. 301. Tree assistance program.
TITLE IV--ASSISTANCE FOR UNEMPLOYED AGRICULTURAL WORKERS
Sec. 401. Unemployment assistance.
Sec. 402. Food coupons and distribution.
Sec. 403. Emergency grants to assist low-income migrant and seasonal
farmworkers.
Sec. 404. Temporary mortgage rental assistance.
TITLE V--PACIFIC SALMON EMERGENCY DISASTER ASSISTANCE
Sec. 501. Pacific salmon emergency disaster assistance.
TITLE VI--MISCELLANEOUS
Sec. 601. Limit on amount of assistance.
Sec. 602. Funding.
Sec. 603. Regulations.
TITLE VII--EMERGENCY DESIGNATION
Sec. 701. Emergency designation.
SEC. 2. DEFINITIONS.
In this Act:
(1) Disaster county.--The term ``disaster county'' means--
(A) a county included in the geographic area
covered by a natural disaster declaration; and
(B) each county contiguous to a county described in
subparagraph (A).
(2) Livestock.--The term ``livestock'' includes--
(A) cattle (including dairy cattle);
(B) bison;
(C) sheep;
(D) swine;
(E) poultry; and
(F) other livestock, as determined by the
Secretary.
(3) Natural disaster declaration.--The term ``natural
disaster declaration'' means a natural disaster declared by the
Secretary under section 321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961(a)) during--
(A) calendar year 2005 due to flooding in the
State;
(B) calendar year 2006 due to heat or flooding in
the State; and
(C) calendar year 2007 due to freezing or extreme
low temperatures in the State.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Specialty crop.--The term ``specialty crop'' has the
meaning given the term in section 3 of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law
108-465).
(6) State.--The term ``State'' means the State of
California.
TITLE I--AGRICULTURAL PRODUCTION LOSSES
SEC. 101. SPECIALTY CROPS.
(a) In General.--The Secretary shall use, of funds of the Commodity
Credit Corporation--
(1) $100,000,000 to provide assistance to producers of
specialty crops in disaster counties that suffered losses in
calendar year 2005;
(2) $400,000,000 to provide assistance to producers of
specialty crops in disaster counties that suffered losses in
calendar year 2006;
(3) $420,000,000 to provide assistance to citrus producers
in disaster counties that suffered losses in calendar year
2007; and
(4) $438,000,000 to provide assistance to producers of
other specialty crops in disaster counties that suffered losses
in calendar year 2007.
(b) Administration.--Except as provided in subsection (c),
assistance required by subsection (a) shall be carried out by the
Secretary in the State under the same terms and conditions as the
special disaster relief programs carried out for producers that
suffered from crop damage and tree losses, and carried out related
cleanup, in certain areas of Florida due to Hurricanes Charley,
Frances, and Jeanne during August and September 2004, as described in
the notice of program implementation relating to Florida citrus, fruit,
vegetable, and nursery crop disaster programs (69 Fed. Reg. 63134
(October 29, 2004)), with vegetable losses treated as citrus losses
under this section for purposes of that program.
(c) Uninsured Citrus Growers.--
(1) Limited assistance.--Subject to paragraph (2), citrus
producers on a farm that did not obtain a policy or plan of
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) for the crop incurring the losses shall only be
eligible for assistance under this section if the producers
agree to obtain a policy or plan of insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.) not later than 180
days after the date of enactment of this Act providing
additional coverage for the citrus crop of the producers for
each of the next 3 crop years.
(2) Amount of assistance.--Assistance under this section
provided for citrus producers on a farm described in paragraph
(1) shall not exceed 35 percent of the total amount of the
documented losses of the producers.
(3) Effect of violation.--In the event that citrus
producers described in paragraph (1) fail to obtain a policy or
plan of insurance in accordance with that paragraph, the
producers shall reimburse the Secretary for the full amount of
the assistance provided to the producers under this section.
SEC. 102. DAIRY ASSISTANCE.
The Secretary shall use $230,000,000 of funds of the Commodity
Credit Corporation to make payments to dairy producers for dairy
production losses during calendar year 2006 in disaster counties.
SEC. 103. LIVESTOCK INDEMNITY PAYMENTS.
(a) In General.--The Secretary shall use $80,000,000 of funds of
the Commodity Credit Corporation to make livestock indemnity payments
to producers on farms located in disaster counties that have incurred
livestock losses during calendar year 2006 or 2007, or both, due to a
disaster, as determined by the Secretary.
(b) Payment Rates.--Indemnity payments to the producers on a farm
under subsection (a) shall be made at a rate of not less than 30
percent of the market value of the applicable livestock on the day
before the date of death of the livestock, as determined by the
Secretary.
SEC. 104. PAYMENT LIMITATION.
Notwithstanding any other provision of law, assistance provided
under this section to the producers on a farm (as defined by the
Secretary) may not exceed $125,000 for each farm, ranch, processing
plant, or dairy operation of the producers.
TITLE II--SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM
SEC. 201. SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM.
(a) Grants.--
(1) In general.--The Secretary shall use such funds as are
necessary of funds of the Commodity Credit Corporation to make
a grant to the State.
(2) Requirement.--To be eligible to receive a grant under
this subsection, the State shall agree to carry out an
expedited disaster assistance program to provide grants to
qualified small businesses in accordance with subsection (b).
(b) Grants to Qualified Small Businesses.--
(1) In general.--In carrying out an expedited disaster
assistance program described in subsection (a)(2), the State
shall provide grants to eligible small businesses in the State
that suffered material economic losses during the 2005, 2006,
or 2007 crop year as a direct result of weather-related
agricultural losses to the specialty crop or livestock
production sectors of the State, as determined by the
Secretary.
(2) Eligibility.--
(A) In general.--To be eligible to receive a grant
under paragraph (1), a small business shall--
(i) have less than $15,000,000 in average
annual gross income from all business
activities, at least 75 percent of which shall
be directly related to production agriculture
or agriculture support industries, as
determined by the Secretary;
(ii) verify the amount of economic loss
attributable to weather-related agricultural
losses using such documentation as the
Secretary and the State may require;
(iii) have suffered losses attributable to
weather-related agricultural disasters that
equal at least 15 percent of the total economic
loss of the small business for each year a
grant is requested; and
(iv) demonstrate that the grant will
materially improve the likelihood the business
will--
(I) recover from the disaster;
(II) continue to service and
support production agriculture; and
(III) replant agricultural
production fields and groves.
(3) Requirements.--A grant to a small business under this
subsection shall--
(A) be limited to not more than 2 years of
documented losses;
(B) be in an amount of not more than 75 percent of
the documented average economic loss attributable to
weather-related agriculture disasters for each eligible
year in the State; and
(C) not exceed a total amount of $250,000 for each
small business.
(4) Insufficient funding.--If the grant funds received by
the State under subsection (a) are insufficient to fund the
grants of the State under this subsection, the State may apply
a proportional reduction to all of the grants.
TITLE III--FORESTRY
SEC. 301. TREE ASSISTANCE PROGRAM.
(a) Definition of Tree.--In this section, the term ``tree''
includes--
(1) a tree (including a Christmas tree, ornamental tree,
nursery tree, and potted tree);
(2) a bush (including a shrub, nursery shrub, nursery bush,
ornamental bush, ornamental shrub, potted bush, and potted
shrub); and
(3) a vine (including a nursery vine and ornamental vine).
(b) Program.--Except as otherwise provided in this section, the
Secretary 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 subtitle C of title X of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.) to--
(1) producers who suffered tree losses in disaster
counties; and
(2) fruit and tree nut producers in disaster counties.
(c) Costs.--Funds made available under this section shall also be
made available to cover costs associated with tree pruning, tree
rehabilitation, and other appropriate tree-related activities as
determined by the Secretary.
(d) Scope of Assistance.--Assistance under this section shall
compensate for losses resulting from disasters during calendar year
2005, 2006, or 2007, or any combination of those calendar years.
TITLE IV--ASSISTANCE FOR UNEMPLOYED AGRICULTURAL WORKERS
SEC. 401. UNEMPLOYMENT ASSISTANCE.
The Secretary of Homeland Security shall use such sums as are
necessary to provide unemployment assistance in accordance with section
410 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5177) to agricultural workers in the State (including
low-income migrant and seasonal farmworkers) who are unemployed due to
disasters occurring in calendar year 2007, as determined by the
Secretary.
SEC. 402. FOOD COUPONS AND DISTRIBUTION.
The Secretary shall use such sums as are necessary of the funds of
the Commodity Credit Corporation to provide food coupons and surplus
commodities in accordance with section 412 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179) to
agricultural workers in the State (including low-income migrant and
seasonal farmworkers) who are unemployed due to disasters occurring in
calendar year 2007, as determined by the Secretary.
SEC. 403. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL
FARMWORKERS.
The Secretary shall use such sums as are necessary of the funds of
the Commodity Credit Corporation to provide emergency grants to assist
low-income migrant and seasonal farmworkers in the State who are
unemployed due to disasters occurring in calendar year 2007, as
determined by the Secretary, in accordance with section 2281 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (42 U.S.C.
5177a).
SEC. 404. TEMPORARY MORTGAGE RENTAL ASSISTANCE.
For the period beginning on the date of enactment of this Act and
ending 180 days after the date of enactment of this Act, the Secretary
of Homeland Security shall use such sums as are necessary to provide
temporary mortgage rental assistance to agricultural workers in the
State (including low-income migrant and seasonal farmworkers) who are
unemployed due to disasters occurring in calendar year 2007 under the
same terms and conditions as the temporary mortgage rental assistance
program under section 408(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(b)) (as in effect on the
day before the effective date of the amendment made by section 206(a)
of the Disaster Mitigation Act of 2000 (42 U.S.C. 5174 note; Public Law
106-390)).
TITLE V--PACIFIC SALMON EMERGENCY DISASTER ASSISTANCE
SEC. 501. PACIFIC SALMON EMERGENCY DISASTER ASSISTANCE.
(a) Appropriation of Funds.--In addition to any other funds
available for such purpose, there is appropriated to the Secretary of
Commerce $60,400,000 to make a lump sum payment to the Pacific States
Marine Fisheries Commission. The Commission shall distribute such
amount among fishing communities, Indian tribes, small businesses,
including fishermen, fish processors, and related businesses,
individuals, and other entities for assistance for the economic and
social effects of the commercial fishery failure designated under
section 312(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(a)) to mitigate the economic losses to
such communities, tribes, businesses, individuals or other entities
caused by closures or other restrictions on the harvesting of Klamath
River Fall Chinook salmon.
(b) Limitation on Administrative Expenses.--The Secretary of
Commerce may not use more than 4 percent of the amount appropriated
under this section for administrative expenses.
(c) Unused Funds.--Any amount appropriated pursuant to this section
that is not expended or otherwise obligated for the purpose described
in subsection (a) shall be returned to the Treasury of the United
States.
TITLE VI--MISCELLANEOUS
SEC. 601. LIMIT ON AMOUNT OF ASSISTANCE.
The Secretary shall ensure, to the maximum extent practicable, that
no producers on a farm receive duplicative payments under this Act and
any other Federal program for the same loss.
SEC. 602. FUNDING.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this Act (other than
sections 401, 404, and 501). Such funds shall remain available until
expended.
SEC. 603. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act 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'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
TITLE VII--EMERGENCY DESIGNATION
SEC. 701. EMERGENCY DESIGNATION.
The amounts provided under this Act are designated as an emergency
requirement pursuant to section 501 of H. Con. Res. 376 (109th
Congress), as made applicable to the House of Representatives by
section 511(a)(4) of H. Res. 6 (110th Congress).
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