,,ii #aacth ,,congress #ast ,session ,s4 #ada ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bd 7legislative day1 ,january #c71 #bjac ,mr4 ,baucus 7for himself1 ,ms4 ,stabenow1 and ,mr4 ,blunt7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to make supplemental agricultural disaster assistance available for fiscal years #bjab and #bjac1 and for other purposes4 #a4 ,supplemental agricultural disaster assistance programs 7a7 ,definitions ,in this section3 7#a7 ,eligible producer on a farm 7,a7 ,in general ,the term eligible producer on a farm means an individual or entity described in subparagraph 7,b7 that1 as determined by the ,secretary1 assumes the production and market risks associated with the agricultural production of crops or livestock4 7,b7 ,description ,an individual or entity referred to in subparagraph 7,a7 is-- 7i7 a citizen of the ,united ,states2 7ii7 a resident alien2 7iii7 a partnership of citizens of the ,united ,states2 or 7iv7 a corporation1 limited liability corporation1 or other farm organizational structure organized under ,state law4 7#b7 ,farm 7,a7 ,in general ,the term farm means1 in relation to an eligible producer on a farm1 the total of all crop acreage in all counties that is planted or intended to be planted for harvest1 for sale1 or on-farm livestock feeding 7including native grassland intended for haying7 by the eligible producer4 7,b7 ,aquaculture ,in the case of aquaculture1 the term farm means1 in relation to an eligible producer on a farm1 all fish being produced in all counties that are intended to be harvested for sale by the eligible producer4 7,c7 ,honey ,in the case of honey1 the term farm means1 in relation to an eligible producer on a farm1 all bees and beehives in all counties that are intended to be harvested for a honey crop for sale by the eligible producer4 7#c7 ,farm-raised fish ,the term farm-raised fish means any aquatic species that is propagated and reared in a controlled environment4 7#d7 ,livestock ,the term livestock includes-- 7,a7 cattle 7including dairy cattle72 7,b7 bison2 7,c7 poultry2 7,d7 sheep2 7,e7 swine2 7,f7 horses2 and 7,g7 other livestock1 as determined by the ,secretary4 7b7 ,livestock indemnity payments 7#a7 ,payments ,for each of fiscal years #bjab and #bjac1 the ,secretary shall use such sums as are necessary of the funds of the ,commodity ,credit ,corporation to make livestock indemnity payments to eligible producers on farms that have incurred livestock death losses in excess of the normal mortality1 as determined by the ,secretary1 due to-- 7,a7 attacks by animals reintroduced into the wild by the ,federal ,government or protected by ,federal law1 including wolves2 or 7,b7 adverse weather1 as determined by the ,secretary1 during the calendar year1 including losses due to hurricanes1 floods1 blizzards1 disease1 wildfires1 extreme heat1 and extreme cold4 7#b7 ,payment rates ,indemnity payments to an eligible producer on a farm under paragraph 7#a7 shall be made at a rate of #fe percent of the market value of the applicable livestock on the day before the date of death of the livestock1 as determined by the ,secretary4 7#c7 ,special rule for payments made due to disease ,the ,secretary shall ensure that payments made to an eligible producer under paragraph 7#a7 are not made for the same livestock losses for which compensation is provided pursuant to section #ajdjg7;d7 of the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcjf7;d774 7c7 ,livestock forage disaster program 7#a7 ,establishment ,there is established a livestock forage disaster program to provide #a source for livestock forage disaster assistance for weather-related forage losses1 as determined by the ,secretary1 by combining-- 7,a7 the livestock forage assistance functions of-- 7i7 the noninsured crop disaster assistance program established by section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc72 and 7ii7 the emergency assistance for livestock1 honey bees1 and farm-raised fish program under section #eca7;e7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeca7;e77 7as in existence on the day before the date of enactment of this ,act72 and 7,b7 the livestock forage disaster program under section #eca7;d7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeca7;d77 7as in existence on the day before the date of enactment of this ,act74 7#b7 ,definitions ,in this subsection3 7,a7 ,covered livestock 7i7 ,in general ,except as provided in clause 7ii71 the term covered livestock means livestock of an eligible livestock producer that1 during the #fj days prior to the beginning date of an eligible forage loss1 as determined by the ,secretary1 the eligible livestock producer-- 7,i7 owned2 7,,ii7 leased2 7,,iii7 purchased2 7,,iv7 entered into a contract to purchase2 7,v7 was a contract grower2 or 7,,vi7 sold or otherwise disposed of due to an eligible forage loss during-- 7aa7 the current production year2 or 7bb7 subject to paragraph 7#d77;,b77ii71 #a or both of the #b production years immediately preceding the current production year4 7ii7 ,exclusion ,the term covered livestock does not include livestock that were or would have been in a feedlot1 on the beginning date of the eligible forage loss1 as a part of the normal business operation of the eligible livestock producer1 as determined by the ,secretary4 7,b7 ,drought monitor ,the term drought monitor means a system for classifying drought severity according to a range of abnormally dry to exceptional drought1 as defined by the ,secretary4 7,c7 ,eligible forage loss ,the term eligible forage loss means #a or more forage losses that occur due to weather-related conditions1 including drought1 flood1 blizzard1 hail1 excessive moisture1 hurricane1 and fire1 occurring during the normal grazing period1 as determined by the ,secretary1 if the forage-- 7i7 is grown on land that is native or improved pastureland with permanent vegetative cover2 or 7ii7 is a crop planted specifically for the purpose of providing grazing for covered livestock of an eligible livestock producer4 7,d7 ,eligible livestock producer 7i7 ,in general ,the term eligible livestock producer means an eligible producer on a farm that-- 7,i7 is an owner1 cash or share lessee1 or contract grower of covered livestock that provides the pastureland or grazing land1 including cash-leased pastureland or grazing land1 for the covered livestock2 7,,ii7 provides the pastureland or grazing land for covered livestock1 including cash-leased pastureland or grazing land that is physically located in a county affected by an eligible forage loss2 7,,iii7 certifies the eligible forage loss2 and 7,,iv7 meets all other eligibility requirements established under this subsection4 7ii7 ,exclusion ,the term eligible livestock producer does not include an owner1 cash or share lessee1 or contract grower of livestock that rents or leases pastureland or grazing land owned by another person on a rate-of-gain basis4 7,e7 ,normal carrying capacity ,the term normal carrying capacity1 with respect to each type of grazing land or pastureland in a county1 means the normal carrying capacity1 as determined under paragraph 7#d77;,d77i71 that would be expected from the grazing land or pastureland for livestock during the normal grazing period1 in the absence of an eligible forage loss that diminishes the production of the grazing land or pastureland4 7,f7 ,normal grazing period ,the term normal grazing period1 with respect to a county1 means the normal grazing period during the calendar year for the county1 as determined under paragraph 7#d77;,d77i74 7#c7 ,program ,for each of fiscal years #bjab and #bjac1 the ,secretary shall use such sums as are necessary of the funds of the ,commodity ,credit ,corporation to provide compensation under paragraphs 7#d7 through 7#f71 as determined by the ,secretary for eligible forage losses affecting covered livestock of eligible livestock producers4 7#d7 ,assistance for eligible forage losses due to drought conditions 7,a7 ,eligible forage losses 7i7 ,in general ,an eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to drought on land that-- 7,i7 is native or improved pastureland with permanent vegetative cover2 or 7,,ii7 is planted to a crop planted specifically for the purpose of providing grazing for covered livestock4 7ii7 ,exclusions ,an eligible livestock producer may not receive assistance under this paragraph for eligible forage losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter ,b of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca et seq471 unless the land is grassland eligible for the grassland reserve program established under subchapter ,d of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chchn et seq474 7,b7 ,monthly payment rate 7i7 ,in general ,except as provided in clause 7ii71 the payment rate for assistance for #a month under this paragraph shall1 in the case of drought1 be equal to #fj percent of the lesser of-- 7,i7 the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer1 as determined under subparagraph 7,c72 or 7,,ii7 the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer4 7ii7 ,partial compensation ,in the case of an eligible livestock producer that sold or otherwise disposed of covered livestock due to drought conditions in #a or both of the #b production years immediately preceding the current production year1 as determined by the ,secretary1 the payment rate shall be #hj percent of the payment rate otherwise calculated in accordance with clause 7i74 7,c7 ,monthly feed cost 7i7 ,in general ,the monthly feed cost shall equal the product obtained by multiplying-- 7,i7 #cj days2 7,,ii7 a payment quantity that is equal to the feed grain equivalent1 as determined under clause 7ii72 and 7,,iii7 a payment rate that is equal to the corn price per pound1 as determined under clause 7iii74 7ii7 ,feed grain equivalent ,for purposes of clause 7i77,,ii71 the feed grain equivalent shall equal-- 7,i7 in the case of an adult beef cow1 #ae4g pounds of corn per day2 or 7,,ii7 in the case of any other type of weight of livestock1 an amount determined by the ,secretary that represents the average number of pounds of corn per day necessary to feed the livestock4 7iii7 ,corn price per pound ,for purposes of clause 7i77,,iii71 the corn price per pound shall equal the quotient obtained by dividing-- 7,i7 the higher of-- 7aa7 the national average corn price per bushel for the #ab-month period immediately preceding ,march #a of the year for which the disaster assistance is calculated2 or 7bb7 the national average corn price per bushel for the #bd-month period immediately preceding that ,march #a2 by 7,,ii7 #ef4 7,d7 ,normal grazing period and drought monitor intensity 7i7 ,,fsa county committee determinations 7,i7 ,in general ,the ,secretary shall determine the normal carrying capacity and normal grazing period for each type of grazing land or pastureland in the county served by the applicable ,farm ,service ,agency committee4 7,,ii7 ,changes ,no change to the normal carrying capacity or normal grazing period established for a county under subclause 7,i7 shall be made unless the change is requested by the appropriate ,state and county ,farm ,service ,agency committees4 7ii7 ,drought intensity 7,i7 ,d#b ,an eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the ,u4,s4 ,drought ,monitor as having a ,d#b 7severe drought7 intensity in any area of the county for at least #h consecutive weeks during the normal grazing period for the county1 as determined by the ,secretary1 shall be eligible to receive assistance under this paragraph in an amount equal to #a monthly payment using the monthly payment rate determined under subparagraph 7,b74 7,,ii7 ,d#c ,an eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the ,u4,s4 ,drought ,monitor as having at least a ,d#c 7extreme drought7 intensity in any area of the county at any time during the normal grazing period for the county1 as determined by the ,secretary1 shall be eligible to receive assistance under this paragraph-- 7aa7 in an amount equal to #c monthly payments using the monthly payment rate determined under subparagraph 7,b72 7bb7 if the county is rated as having a ,d#c 7extreme drought7 intensity in any area of the county for at least #d weeks during the normal grazing period for the county1 or is rated as having a ,d#d 7exceptional drought7 intensity in any area of the county at any time during the normal grazing period1 in an amount equal to #d monthly payments using the monthly payment rate determined under subparagraph 7,b72 or 7cc7 if the county is rated as having a ,d#d 7exceptional drought7 intensity in any area of the county for at least #d weeks during the normal grazing period1 in an amount equal to #e monthly payments using the monthly rate determined under subparagraph 7,b74 7iii7 ,annual payment based on drought conditions determined by means other than the ,u4,s4 ,drought ,monitor 7,i7 ,in general ,an eligible livestock producer that owns grazing land or pastureland that is physically located in a county that has experienced on average1 over the preceding calendar year1 precipitation levels that are #ej percent or more below normal levels1 according to sufficient documentation as determined by the ,secretary1 may be eligible1 subject to a determination by the ,secretary1 to receive assistance under this paragraph in an amount equal to not more than #a monthly payment using the monthly payment rate under subparagraph 7,b74 7,,ii7 ,no duplicate payment ,a producer may not receive a payment under both clause 7ii7 and this clause4 7#e7 ,assistance for losses due to fire on public managed land 7,a7 ,in general ,an eligible livestock producer may receive assistance under this paragraph only if-- 7i7 the eligible forage losses occur on rangeland that is managed by a ,federal agency2 and 7ii7 the eligible livestock producer is prohibited by the ,federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire4 7,b7 ,payment rate ,the payment rate for assistance under this paragraph shall be equal to #ej percent of the monthly feed cost for the total number of livestock covered by the ,federal lease of the eligible livestock producer1 as determined under paragraph 7#d77;,c74 7,c7 ,payment duration 7i7 ,in general ,subject to clause 7ii71 an eligible livestock producer shall be eligible to receive assistance under this paragraph for the period-- 7,i7 beginning on the date on which the ,federal agency excludes the eligible livestock producer from using the managed rangeland for grazing2 and 7,,ii7 ending on the last day of the ,federal lease of the eligible livestock producer4 7ii7 ,limitation ,an eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than #ahj days per year4 7#f7 ,assistance for eligible forage losses due to other than drought or fire 7,a7 ,eligible forage losses 7i7 ,in general ,subject to subparagraph 7,b71 an eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to weather-related conditions other than drought or fire on land that-- 7,i7 is native or improved pastureland with permanent vegetative cover2 or 7,,ii7 is planted to a crop planted specifically for the purpose of providing grazing for covered livestock4 7ii7 ,exclusions ,an eligible livestock producer may not receive assistance under this paragraph for eligible forage losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter ,b of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca et seq471 unless the land is grassland eligible for the grassland reserve program established under subchapter ,d of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chchn et seq474 7,b7 ,payments for eligible forage losses 7i7 ,in general ,the ,secretary shall provide assistance under this paragraph to an eligible livestock producer for eligible forage losses that occur due to weather-related conditions other than-- 7,i7 drought under paragraph 7#d72 and 7,,ii7 fire on public managed land under paragraph 7#e74 7ii7 ,terms and conditions ,the ,secretary shall establish terms and conditions for assistance under this paragraph that are consistent with the terms and conditions for assistance under this subsection4 7#g7 ,no duplicative payments ,an eligible livestock producer may elect to receive assistance for eligible forage losses under either paragraph 7#d71 7#e71 or 7#f71 if applicable1 but may not receive assistance under more than #a of those paragraphs for the same loss1 as determined by the ,secretary4 7#h7 ,determinations by ,secretary ,a determination made by the ,secretary under this subsection shall be final and conclusive4 7d7 ,emergency assistance for livestock1 honey bees1 and farm-,raised fish 7#a7 ,in general ,for each of fiscal years #bjab and #bjac1 the ,secretary shall use not more than #e1jjj1jjj of the funds of the ,commodity ,credit ,corporation to provide emergency relief to eligible producers of livestock1 honey bees1 and farm-raised fish to aid in the reduction of losses due to disease1 adverse weather1 or other conditions1 such as blizzards and wildfires1 as determined by the ,secretary1 that are not covered under subsection 7b7 or 7c74 7#b7 ,use of funds ,funds made available under this subsection shall be used to reduce losses caused by feed or water shortages1 disease1 or other factors as determined by the ,secretary4 7#c7 ,availability of funds ,any funds made available under this subsection shall remain available until expended4 7e7 ,tree assistance program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible orchardist ,the term eligible orchardist means a person that produces annual crops from trees for commercial purposes4 7,b7 ,natural disaster ,the term natural disaster means plant disease1 insect infestation1 drought1 fire1 freeze1 flood1 earthquake1 lightning1 or other occurrence1 as determined by the ,secretary4 7,c7 ,nursery tree grower ,the term nursery tree grower means a person who produces nursery1 ornamental1 fruit1 nut1 or ,christmas trees for commercial sale1 as determined by the ,secretary4 7,d7 ,tree ,the term tree includes a tree1 bush1 and vine4 7#b7 ,eligibility 7,a7 ,loss ,subject to subparagraph 7,b71 for each of fiscal years #bjab and #bjac1 the ,secretary shall use such sums as are necessary of the funds of the ,commodity ,credit ,corporation to provide assistance-- 7i7 under paragraph 7#c7 to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster1 as determined by the ,secretary2 and 7ii7 under paragraph 7#c77;,b7 to eligible orchardists and nursery tree growers that have a production history for commercial purposes on planted or existing trees but lost the trees as a result of a natural disaster1 as determined by the ,secretary4 7,b7 ,limitation ,an eligible orchardist or nursery tree grower shall qualify for assistance under subparagraph 7,a7 only if the tree mortality of the eligible orchardist or nursery tree grower1 as a result of damaging weather or related condition1 exceeds #ae percent 7adjusted for normal mortality74 7#c7 ,assistance ,subject to paragraph 7#d71 the assistance provided by the ,secretary to eligible orchardists and nursery tree growers for losses described in paragraph 7#b7 shall consist of-- 7,a7 7i7 reimbursement of #fe percent of the cost of replanting trees lost due to a natural disaster1 as determined by the ,secretary1 in excess of #ae percent mortality 7adjusted for normal mortality72 or 7ii7 at the option of the ,secretary1 sufficient seedlings to reestablish a stand2 and 7,b7 reimbursement of #ej percent of the cost of pruning1 removal1 and other costs incurred by an eligible orchardist or nursery tree grower to salvage existing trees or1 in the case of tree mortality1 to prepare the land to replant trees as a result of damage or tree mortality due to a natural disaster1 as determined by the ,secretary1 in excess of #ae percent damage or mortality 7adjusted for normal tree damage and mortality74 7#d7 ,limitations on assistance 7,a7 ,definitions of legal entity and person ,in this paragraph1 the terms legal entity and person have the meaning given those terms in section #ajja7;a7 of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7;a774 7,b7 ,amount ,the total amount of payments received1 directly or indirectly1 by a person or legal entity 7excluding a joint venture or general partnership7 under this subsection may not exceed #ajj1jjj for any crop year1 or an equivalent value in tree seedlings4 7,c7 ,acres ,the total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive payments under this subsection may not exceed #ejj acres4 7f7 ,payments 7#a7 ,payment limitations 7,a7 ,definitions of legal entity and person ,in this subsection1 the terms legal entity and person have the meanings given those terms in section #ajja7;a7 of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7;a774 7,b7 ,amount ,the total amount of disaster assistance payments received1 directly or indirectly1 by a person or legal entity 7excluding a joint venture or general partnership7 under this section 7excluding payments received under subsection 7e77 may not exceed #ajj1jjj for any crop year4 7,c7 ,direct attribution ,subsections 7d7 and 7e7 of section #ajja of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7 or any successor provisions relating to direct attribution shall apply with respect to assistance provided under this section4 7#b7 ,payment delivery ,the ,secretary shall make payments under this section after ,october #a1 #bjac1 for losses incurred in the #bjab and #bjac fiscal years4 #b4 ,noninsured crop assistance program 7a7 ,in general ,section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general 7,a7 ,coverages ,in the case of an eligible crop described in paragraph 7#b71 the ,secretary of ,agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields 7other than for value-loss crops7 equivalent to-- 7i7 catastrophic risk protection available under section #ejh7;b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;b772 or 7ii7 additional coverage available under subsections 7c7 and 7h7 of section #ejh of that ,act 7#g ,u4,s4,c4 #aejh7 that does not exceed #fe percent4 7,b7 ,administration ,the ,secretary shall carry out this section through the ,farm ,service ,agency 7referred to in this section as the ,agency74 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by striking and after the semicolon at the end2 7,,ii7 by redesignating clause 7ii7 as clause 7iii72 and 7,,iii7 by inserting after clause 7i7 the following3 7ii7 for which additional coverage under subsections 7c7 and 7h7 of section #ejh of that ,act 7#g ,u4,s4,c4 #aejh7 is not available2 and 2 and 7ii7 in subparagraph 7,b71 by striking 7including ornamental fish7 and inserting 7including ornamental fish1 but excluding tropical fish72 7#b7 in subsection 7d71 by striking ,the ,secretary and inserting ,subject to subsection 7l71 the ,secretary2 7#c7 in subsection 7k77#a7-- 7,a7 in subparagraph 7,a71 by striking #bej and inserting #bfj2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking #gej and inserting #ghj2 and 7ii7 by striking #a1hge and inserting #a1iej2 and 7#d7 by adding at the end the following3 7l7 ,payment equivalent to additional coverage 7#a7 ,in general ,the ,secretary shall make available to a producer eligible for noninsured assistance under this section a payment equivalent to an indemnity for additional coverage under subsections 7c7 and 7h7 of section #ejh of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7 that does not exceed #fe percent1 computed by multiplying-- 7,a7 the quantity that is less than #ej to #fe percent of the established yield for the crop1 as determined by the ,secretary1 specified in increments of #e percent2 7,b7 #ajj percent of the average market price for the crop1 as determined by the ,secretary2 and 7,c7 a payment rate for the type of crop1 as determined by the ,secretary1 that reflects-- 7i7 in the case of a crop that is produced with a significant and variable harvesting expense1 the decreasing cost incurred in the production cycle for the crop that is1 as applicable-- 7,i7 harvested2 7,,ii7 planted but not harvested2 or 7,,iii7 prevented from being planted because of drought1 flood1 or other natural disaster1 as determined by the ,secretary2 or 7ii7 in the case of a crop that is produced without a significant and variable harvesting expense1 such rate as shall be determined by the ,secretary4 7#b7 ,premium ,to be eligible to receive a payment under this subsection1 a producer shall pay-- 7,a7 the service fee required by subsection 7k72 and 7,b7 a premium for the applicable crop year that is equal to-- 7i7 the product obtained by multiplying-- 7,i7 the number of acres devoted to the eligible crop2 7,,ii7 the yield1 as determined by the ,secretary under subsection 7e72 7,,iii7 the coverage level elected by the producer2 7,,iv7 the average market price1 as determined by the ,secretary2 and 7ii7 #e4be-percent premium fee4 7#c7 ,limited resource1 beginning1 and socially disadvantaged farmers ,the additional coverage made available under this subsection shall be available to limited resource1 beginning1 and socially disadvantaged producers1 as determined by the ,secretary1 in exchange for a premium that is #ej percent of the premium determined for a producer under paragraph 7#b74 7#d7 ,additional availability 7,a7 ,in general ,as soon as practicable1 the ,secretary shall make assistance available to producers of an otherwise eligible crop described in subsection 7a77#b7 that suffered losses-- 7i7 to a #bjab annual fruit crop grown on a bush or tree2 and 7ii7 in a county covered by a declaration by the ,secretary of a natural disaster for production losses due to a freeze or frost4 7,b7 ,assistance ,the ,secretary shall make assistance available under subparagraph 7,a7 in an amount equivalent to assistance available under paragraph 7#a71 less any fees not previously paid under paragraph 7#b74 4 7b7 ,termination of amendments 7#a7 ,in general ,effective ,october #a1 #bjag1 the amendments made by subsection 7a7 7other than the amendment made by subsection 7a77#a77;,b77ii77 are repealed4 7#b7 ,administration ,effective ,october #a1 #bjag1 section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc7 shall be applied and administered as if the amendments made by subsection 7a7 7other than the amendment made by subsection 7a77#a77;,b77ii77 had not been enacted4