March 4, 2010, 12:00 am ET - Amendment SA 3401 proposed by Senator Lincoln to Amendment SA 3336.
March 5, 2010, 12:00 am ET - Considered by Senate.
March 8, 2010, 12:00 am ET - Considered by Senate.
March 9, 2010, 12:00 am ET - Considered by Senate.
March 9, 2010, 12:00 am ET - Amendment SA 3401 as modified agreed to in Senate by Unanimous Consent.
Full Text of this Amendment
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.
(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.
(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
(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.
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".
(As printed in the Congressional Record for the Senate on Mar 3, 2010.)