Page:United States Statutes at Large Volume 118.djvu/1265

 118 STAT. 1235 PUBLIC LAW 108–324—OCT. 13, 2004 1935 with respect to 2004 hurricane crop losses are not eligible for payments under this section. (d) EMERGENCY CONSERVATION PROGRAM.—The Secretary of Agriculture shall use an additional $50,000,000 of the funds of the Commodity Credit Corporation to provide assistance under the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.). (e) OFFSET.—Section 1241(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(3)) is amended by inserting before the period at the end the following: ‘‘, using not more than $6,037,000,000 for the period of fiscal years 2005 through 2014’’. (f) That for purposes of the budget scoring guidance in effect for the Congress and the Executive branch respectively, and not withstanding the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accom panying Conference Report 105–217, any savings from subsection (e) shall not be scored until fiscal year 2008. (g) The issuance of regulations 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 rule making; and (3) chapter 35 of title 44, United States Code (com monly known as the ‘‘Paperwork Reduction Act’’): Provided, That in carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 102. The Secretary of Agriculture shall use $40,000,000, of which, $7,200,000 shall be provided to the State of Hawaii for assistance to an agricultural transportation cooperative in Hawaii, the members of which are eligible to participate in the Farm Service Agency administered Commodity Loan Program, and of which $32,800,000 shall be to make payments to processors in Florida that are eligible to obtain a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) to compensate first processors and producers for crop and other losses that are related to hurricanes, tropical storms, excessive rains, and floods in Florida during calendar year 2004, to be calculated and paid on the basis of losses on 40 acre harvesting units, in counties declared a disaster by the President of the United States in 2004 due to hurricanes, on the same terms and conditions, to the extent practicable, as the payments made under section 207 of the Agricultural Assistance Act of 2003 (Public Law 108–7). SEC. 103. The Secretary of Agriculture shall use $10,000,000 to make payments to dairy producers for dairy production losses, and dairy spoilage losses in counties declared a disaster by the President of the United States in 2004 due to hurricanes. SEC. 104. The Secretary of Agriculture shall use $10,000,000 to provide assistance to producers and first handlers of the 2004 crop of cottonseed located in counties declared a disaster by the President of the United States in 2004 due to hurricanes. SEC. 105. (a) The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out section 101, 102, 103, 104, 108, 109, 110, and 111 of this chapter, to remain available until expended.

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