Page:United States Statutes at Large Volume 121.djvu/238

 PUBLIC LAW 110–28—MAY 25, 2007

121 STAT. 217

(1) the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109–148; 119 Stat. 2680); (2) an agricultural disaster assistance provision contained in the announcement of the Secretary on January 26, 2006 or August 29, 2006; or (3) the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 418). (b) ADJUSTED GROSS INCOME LIMITATION.—Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a) shall apply with respect to assistance provided under sections 9001, 9002, and 9003.

Applicability.

SEC. 9005. ADMINISTRATION.

(a) REGULATIONS.—The Secretary of Agriculture may promulgate such regulations as are necessary to implement sections 9001 and 9002. (b) PROCEDURE.—The promulgation of the implementing regulations and the administration of sections 9001 and 9002 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 of Agriculture shall use the authority provided under section 808 of title 5, United States Code. (d) USE OF COMMODITY CREDIT CORPORATION; LIMITATION.— In implementing sections 9001 and 9002, the Secretary of Agriculture may use the facilities, services, and authorities of the Commodity Credit Corporation. The Corporation shall not make any expenditures to carry out sections 9001 and 9002 unless funds have been specifically appropriated for such purpose. SEC. 9006. MILK INCOME LOSS CONTRACT PROGRAM.

(a) Section 1502(c)(3) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7982(c)(3)) is amended— (1) in subparagraph (A), by adding ‘‘and’’ at the end; (2) in subparagraph (B), by striking ‘‘August’’ and all that follows through the end and inserting ‘‘September 30, 2007, 34 percent.’’; and (3) by striking subparagraph (C). (b) Section 10002 of this Act shall not apply to this section except with respect to fiscal years 2007 and 2008.

Applicability.

SEC. 9007. DAIRY ASSISTANCE.

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There is hereby appropriated $16,000,000 to make payments to dairy producers for dairy production losses in disaster counties, as defined in section 9002 of this title, to remain available until expended.

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