“ Mitigation.—In determining the eligibility for or amount of payments for which a producer is eligible under the livestock compensation program, the Secretary shall not penalize a producer that takes actions (recognizing disaster conditions) that reduce the average number of livestock the producer owned for grazing during the production year for which assistance is being provided. (5) Definitions.—In this subsection: (A) Disaster county.—The term "disaster county" means— (i) a county included in the geographic area covered by a natural disaster declaration ”

“ Payment rates.—Indemnity payments to a producer on a farm under paragraph (1) shall be made at a rate of not less than 26 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. (4) Livestock defined.—In this subsection, the term "livestock" means an animal that— (A) is specified in clause (i) of section 1416.203 (a) (2) of title 7, Code of Federal Regulations (72 Fed. Reg. 6445) , or is designated by the Secretary as livestock for purposes of this subsection ”

“ Producers may elect to receive compensation for losses in the calendar year 2007 grazing season that are attributable to wildfires occurring during the applicable period, as determined by the Secretary. ”

“ 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 ”