[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1500 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1500

To amend the Hawaii Tropical Forest Recovery Act to establish voluntary 
  standards for certifying forest products cultivated, harvested, and 
      processed in tropical environments in Hawaii and to grant a 
    certification for Hawaii tropical forest products that meet the 
              voluntary standards, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1997

   Mr. Akaka introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Hawaii Tropical Forest Recovery Act to establish voluntary 
  standards for certifying forest products cultivated, harvested, and 
      processed in tropical environments in Hawaii and to grant a 
    certification for Hawaii tropical forest products that meet the 
              voluntary standards, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hawaii Tropical Forest Products 
Certification Act''.

SEC. 2. HAWAII TROPICAL FOREST PRODUCTS CERTIFICATION.

    The Hawaii Tropical Forest Recovery Act (Public Law 102-574; 106 
Stat. 4593) is amended by inserting after section 4 the following:

       ``TITLE II--HAWAII TROPICAL FOREST PRODUCTS CERTIFICATION

``SEC. 201. PURPOSES.

    ``The purposes of this title are--
            ``(1) to establish voluntary standards for certifying 
        forest products cultivated, harvested, and processed in 
        tropical environments in Hawaii; and
            ``(2) to grant a certification for Hawaii tropical forest 
        products that meet the voluntary standards.

``SEC. 202. DEFINITIONS.

    ``In this title:
            ``(1) Affiliated person.--The term `affiliated person' 
        means, with respect to a person--
                    ``(A) the spouse of the person, minor child of the 
                person, or guardian of the minor child of the person, 
                except that a spouse who establishes to the 
                satisfaction of a certifying agent that operations of 
                the person and spouse are maintained separately and 
                independently shall not be considered an affiliated 
                person; and
                    ``(B) a partnership, joint venture, or other 
                enterprise in which the person or any other person 
                described in subparagraph (A) has an ownership interest 
                or financial interest, unless the certifying agent 
                determines that the interest is a minor interest held 
                by another business enterprise.
            ``(2) Biological diversity.--The term `biological 
        diversity' means variability among living organisms and the 
        ecological complexes that the organisms inhabit, including 
        diversity within a species, between species, and of ecosystems.
            ``(3) Covered person.--The term `covered person' means a 
        producer, processor, owner, harvester, or handler of a forest 
        product cultivated in a tropical environment in Hawaii.
            ``(4) Cultivate.--The term `cultivate' means to prepare and 
        work on land in order to produce a forest product.
            ``(5) Forest product.--The term `forest product' means a 
        tree or other plant harvested to produce a marketable product.
            ``(6) Governor.--The term `Governor' means the Governor of 
        the State of Hawaii, a designee of the Governor, or an agency 
        designated by the Governor.
            ``(7) Harvest.--The term `harvest' means the removal, in 
        whole or in part, of a forest product from the location where 
        the product was cultivated.
            ``(8) Label.--The term `label' means the display of 
        written, printed, or graphic matter on or attached to a forest 
        product.
            ``(9) Process.--The term `process' means to use a process 
        or method to modify or convert a forest product into a 
        marketable product.
            ``(10) Processor.--The term `processor' means any person 
        engaged in the business of processing a forest product.
            ``(11) Producer.--The term `producer' means an owner, 
        operator, landlord, tenant, or sharecropper who shares in the 
        risk of producing a forest product and who is entitled to share 
        in the forest product available for marketing, or would have 
        shared had the forest product been produced.
            ``(12) Proprietary business information.--The term 
        `proprietary business information' means information that 
        relates to a trade secret, process, operation, or commercial or 
        financial information the disclosure of which is likely to have 
        the effect of causing substantial harm to the competitive 
position of the person from whom the information was obtained.
            ``(13) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
            ``(14) Sell.--The term `sell' includes any sale, exchange, 
        contract to sell, consignment for sale, shipment for sale, or 
        other disposition.
            ``(15) Stewardship.--The term `stewardship' means managing 
        land and forest products in a manner that meets the needs of 
        the present without compromising the ability of future 
        generations to meet their needs.
            ``(16) Tropical.--The term `tropical' includes subtropical.

``SEC. 203. TROPICAL FOREST PRODUCTS CERTIFICATION PROGRAM.

    ``(a) In General.--Subject to subsection (b), the Secretary shall 
establish a certification program for covered persons that cultivate, 
harvest, or process forest products in a tropical environment in Hawaii 
using the forestry practices identified in section 204.
    ``(b) State Program.--In lieu of establishing a certification 
program under subsection (a), the Secretary shall permit the State of 
Hawaii to carry out a State tropical forest products certification 
program that is consistent with this title.
    ``(c) Consultation.--In carrying out the program established under 
subsection (a), the Secretary shall consult with--
            ``(1) the Governor;
            ``(2) persons in Hawaii involved in the cultivation, 
        harvesting, processing, and stewardship of tropical forests and 
        forest products; and
            ``(3) other interested parties.
    ``(d) Certifying Agents.--
            ``(1) In general.--The Secretary and, if applicable, the 
        Governor shall carry out the program established under this 
        title through certifying agents described in section 212.
            ``(2) Duties.--A certifying agent shall determine whether a 
        covered person that cultivates, harvests, or processes a forest 
        product cultivated in a tropical environment in Hawaii, or an 
        operation of the person, meets the requirements of this title 
        (including, if applicable, a certification program of the State 
        of Hawaii).

``SEC. 204. VOLUNTARY STANDARDS FOR TROPICAL FORESTRY IN HAWAII.

    ``(a) In General.--To be sold or labeled as a Hawaii tropical 
forest product cultivated, harvested, or processed using practices 
established under this title, a covered person shall--
            ``(1) comply with--
                    ``(A) Federal, State, and local environmental laws 
                (including regulations); and
                    ``(B) international treaties and agreements to 
                which the United States is a signatory;
            ``(2) conduct forestry operations based on a written 
        management plan that meets the standards established under this 
        title and under which--
                    ``(A) the long-term forestry management objectives, 
                and the means for achieving the objectives, are clearly 
                stated;
                    ``(B) the rationale for species selection, the 
                method of harvest, and a rate of harvest that can be 
                permanently sustained, are detailed; and
                    ``(C) the results of monitoring new scientific and 
                technical information and changing environmental, 
                social, and economic circumstances are used to update 
                the management plan;
            ``(3) implement forest management practices that--
                    ``(A) encourage the maximum efficient use of 
                multiple forest products;
                    ``(B) promote the long-term social and economic 
                well-being of local communities; and
                    ``(C) ensure that the rate of harvest of each 
                forest product does not exceed a level that can be 
                permanently sustained;
            ``(4) maintain--
                    ``(A) biological diversity and the ecological 
                functions and integrity of the forest; and
                    ``(B) except in the case of plantation forestry, 
                the natural species mix, age classes, and structure of 
                the forest unless modifications are required for the 
                purposes of natural forest restoration;
            ``(5) conserve primary forests, mature secondary forests, 
        and sites of major environmental significance;
            ``(6) promote the regeneration, succession, and diversity 
        of native species;
            ``(7) protect rare, threatened, and endangered species and 
        their habitats, and establish adequate conservation zones and 
protected areas where necessary;
            ``(8) control fire and erosion, observe best management 
        practices to protect watersheds and water resources, and 
        minimize forest damage during harvesting, road construction, 
        and other types of mechanical disturbance;
            ``(9) minimize the use of alien species and, if an alien 
        species is used, carefully control and actively monitor the use 
        of the species to avoid an adverse ecological impact;
            ``(10) in coordination with governmental authorities, 
        landowners, and persons involved in the stewardship of tropical 
        forests and forest products, implement practices that 
        eradicate, control, or minimize the spread of alien species;
            ``(11) institute practices that maximize the use of 
        nonchemical methods of pest and weed management and avoid 
        methods of chemical control;
            ``(12) recognize and protect sites of special cultural or 
        religious significance to native Hawaiians;
            ``(13) conduct environmental assessments and, based on the 
        assessments, institute environmental safeguards to ensure that 
        the standards established under this title are achieved;
            ``(14) in coordination with governmental authorities, 
        landowners, and persons involved in the stewardship of tropical 
        forests and forest products, establish a program to monitor key 
        indicators of forest health to assess the condition of the 
        forest ecosystem, the yields of forest products, and the 
        environmental and social impact of management activities;
            ``(15) maintain sufficient documentation or product 
        identification to enable certifying agents, the Secretary and, 
        if applicable, the Governor to track forest products from their 
        origin to the point of sale by a covered person;
            ``(16) maintain investments necessary for long-term 
        ecological productivity of forests;
            ``(17) demonstrate an enduring commitment to adhere to the 
        standards established under this title;
            ``(18) independently or in conjunction with other forest 
        managers, governmental agencies, or persons involved in the 
        stewardship of tropical forests and forest products, conduct 
        education activities to increase public awareness of the 
        importance of sustainable use of forest resources;
            ``(19) in the case of a forest plantation--
                    ``(A) complement the management of, reduce 
                pressures on, and promote the restoration and 
                conservation of natural forests; and
                    ``(B) employ species diversity to enhance economic 
                and ecological vitality; and
            ``(20) comply with such other terms and conditions as the 
        Secretary may require.
    ``(b) Allowable Variances.--Notwithstanding any other provision of 
this title, no person or operation shall be determined to be ineligible 
for a certification under this title on the basis of a variance that--
            ``(1) is technical and minor in nature and has little 
        effect on the ability of the person or operation to meet the 
        standards established by subsection (a); or
            ``(2) is conducted in accordance with a temporary waiver 
        (granted by the Secretary or, if applicable, the Governor) from 
        the practices required under subsection (a) that cannot 
        reasonably be accomplished as a result of weather, a pest, or a 
        disease.

``SEC. 205. COMPLIANCE.

    ``(a) Specific Tropical Forest Product of a Person.--Beginning 1 
year after the later of the date of issuance of final regulations to 
carry out this title or publication of a notice in the Federal Register 
of the Secretary's approval of a State tropical forest products 
certification program under section 207, a person may sell or label a 
product as a Hawaii tropical forest product that meets the standards 
established under this title only if the product is cultivated, 
harvested, and processed in accordance with this title.
    ``(b) All Tropical Forest Products of a Person.--Beginning 5 years 
after first receiving a certification under section 203 or 207, no 
person may affix a label to, or provide other market information 
concerning, a Hawaii tropical forest product if the label or 
information implies, directly or indirectly, that the product meets all 
or part of the standards established under this title for cultivating, 
harvesting, or processing unless all tropical forest products 
cultivated, harvested, or processed on all land owned, leased, or 
managed by the person and any affiliated person have been certified 
under section 203 or 207.
    ``(c) Landlords and Tenants.--The ineligibility of a tenant, or 
operation of a tenant, shall not cause a landlord, or operation of the 
landlord, to be ineligible to receive a certification under this title 
other than for the product with respect to which the tenant has an 
interest.
    ``(d) Standards and Seal.--If a forest product meets the standards 
established under this title, a label affixed to, or other market 
information provided for, the product in accordance with this section 
may--
            ``(1) indicate that the forest product meets the standards; 
        and
            ``(2) on approval by the Secretary, incorporate seals that 
        indicate that the forest product meets the standards.

``SEC. 206. GENERAL REQUIREMENTS.

    ``A program established under this title shall--
            ``(1) provide that an agricultural product to be sold or 
        labeled as a Hawaii tropical forest product that meets the 
        standards established under this title must--
                    ``(A) be produced only on lands using practices 
                that meet the standards established by section 204; and
                    ``(B) be produced and processed in accordance with 
                the program;
            ``(2) require that a covered person that desires to 
        participate in the program establish a forestry plan that meets 
        the standards established by section 204;
            ``(3) provide for procedures that allow a covered person to 
        appeal an adverse administrative determination under this 
        title;
            ``(4) require each certified covered person to attest to 
        the Secretary, the Governor (if applicable), and the certifying 
        agent on an annual basis, that the covered person has not 
        cultivated, harvested, or processed a tropical forest product 
        except in accordance with this title;
            ``(5) provide for on-site inspection not less often than 
        annually by the certifying agent of each forestry and 
        processing operation that is owned, operated, or carried out by 
        a covered person that has been certified under this title;
            ``(6) provide for appropriate and adequate enforcement 
        procedures determined by the Secretary to be necessary and 
        consistent with this title;
            ``(7) provide that the Secretary or, if applicable, the 
        Governor be notified prior to a landowner or processor 
        commencing an action that may be inconsistent with this title;
            ``(8) prevent conflicts of interest described in section 
        212(h);
            ``(9) provide for public access in the State of Hawaii to 
        certification documents except to the extent that the documents 
        contain proprietary business information;
            ``(10) provide for the collection of reasonable fees from 
        covered persons and certifying agents who participate in the 
        program; and
            ``(11) contain such other terms and conditions as may be 
        determined by the Secretary to be necessary.

``SEC. 207. STATE TROPICAL FOREST PRODUCTS CERTIFICATION PROGRAM.

    ``(a) In General.--
            ``(1) Submission of plan.--The Governor may prepare and 
        submit to the Secretary for approval a plan that establishes a 
        State tropical forest products certification program.
            ``(2) Approval.--To be approved by the Secretary, the 
        program must meet the requirements of this title.
    ``(b) Additional Requirements.--
            ``(1) In general.--Subject to paragraph (2), a program 
        established under subsection (a) may contain more restrictive 
        requirements governing the certification of covered persons, or 
        operations of the persons, under this title than are specified 
        in this title or in the program established by the Secretary.
            ``(2) Content.--Any additional requirements established 
        under paragraph (1) shall--
                    ``(A) further the purposes of this title;
                    ``(B) be consistent with this title; and
                    ``(C) not become effective until approved by the 
                Secretary.
    ``(c) Approval.--
            ``(1) Plan review and approval.--
                    ``(A) Review.--The Secretary shall review a plan 
                submitted under subsection (a).
                    ``(B) Approval.--The Secretary shall approve the 
                plan if the plan meets the requirements of this title.
            ``(2) Periodic review.--The Secretary shall--
                    ``(A) review a program approved under this section 
                not less often than once during each 5-year period 
                following the date of the approval of the program; and
                    ``(B) recommend to the State of Hawaii such program 
                modifications as the Secretary considers appropriate.
            ``(3) Notice.--When conducting a periodic review under 
        paragraph (2)(A), the Secretary shall publish a notice in the 
        Federal Register that describes the scope of review and 
        provides 90 days for the public to comment on the periodic 
review and tropical forest certification program.
            ``(4) Changes.--
                    ``(A) Notification of secretary.--Prior to 
                implementing a substantive change to a program approved 
                under this section, the Governor shall notify the 
                Secretary of the change.
                    ``(B) Review.--After notifying the Secretary of the 
                change, the Governor--
                            ``(i) shall allow a reasonable period of 
                        time (of not less than 120 days) before 
                        implementing the change; and
                            ``(ii) shall not implement the change if 
                        the Secretary disapproves the change during the 
                        period.
            ``(5) Time for review.--
                    ``(A) In general.--The Secretary shall make a 
                determination concerning a proposed program described 
                in subsection (a), or a proposed change to the program, 
                not later than 180 days after receipt of the program or 
                change.
                    ``(B) Constructive approval.--The Secretary shall 
                be deemed to have approved the program or change unless 
                the Secretary disapproves the program or change not 
                later than 180 days after receipt of the program or 
                change.
            ``(6) Notice.--The Secretary shall publish a notice in the 
        Federal Register of a final action taken on the program or 
        change.

``SEC. 208. PROHIBITED PRACTICES.

    ``For a covered person or an operation of the covered person to be 
certified under this title, the covered person shall not engage in a 
practice that is inconsistent with the applicable certification program 
established under this title.

``SEC. 209. OTHER PRODUCTION AND PROCESSING PRACTICES.

    ``If a production or processing practice is not prohibited or 
otherwise restricted under this title, the practice shall be permitted 
unless the Secretary or, if applicable, the Governor determines that 
the practice would be inconsistent with the certification program.

``SEC. 210. FORESTRY PLANS.

    ``(a) Submission of Plan.--A covered person seeking certification 
under this title shall submit the plan required under section 204(a)(2) 
to--
            ``(1) the certifying agent; and
            ``(2) if a State tropical forest products certification 
        program is in effect, the Governor.
    ``(b) Review.--The certifying agent and, if applicable, the 
Governor shall review the plan and determine whether the plan meets the 
requirements of this title.

``SEC. 211. ACCREDITATION PROGRAM.

    ``(a) In General.--Subject to subsection (b), the Secretary shall 
establish and carry out a program to accredit officers or employees of 
the State of Hawaii or other persons that meet the requirements of this 
section as certifying agents for the purpose of certifying covered 
persons or operations of the persons under this title.
    ``(b) State Program.--The Secretary shall permit the State of 
Hawaii to carry out a State program to accredit certifying agents in a 
manner that is consistent with this title.
    ``(c) Requirements.--To be accredited as a certifying agent under 
this section, the officer, employee, or other person shall--
            ``(1) prepare and submit, to the Secretary or, if 
        applicable, the Governor, an application for the accreditation;
            ``(2) have sufficient expertise in the tropical forestry 
        cultivation, harvesting, or processing practices described in 
        section 204, as determined by the Secretary; and
            ``(3) comply with this section, section 212, and such other 
        requirements as the Secretary or, if applicable, the Governor 
        may establish.
    ``(d) Duration.--An accreditation made under this section--
            ``(1) shall be for a period of not to exceed 5 years; and
            ``(2) may be renewed.
    ``(e) Accreditation Report.--When accrediting a certifying agent, 
the Secretary or, if applicable, the Governor shall prepare an 
accreditation report identifying the basis for determining that the 
agent meets the standards established under this title.

``SEC. 212. REQUIREMENTS OF CERTIFYING AGENTS.

    ``(a) Ability To Implement Requirements.--To be accredited as a 
certifying agent under section 211, an officer or employee of the State 
of Hawaii or other person shall be able to fully implement the 
applicable certification program established under this title.
    ``(b) Recordkeeping.--
            ``(1) Maintenance.--A certifying agent shall maintain all 
        records concerning the activities of the agent under this title 
for a period of not less than 10 years.
            ``(2) Access.--A certifying agent shall allow 
        representatives of the Secretary and the State of Hawaii access 
        to each record concerning an activity of the agent under this 
        title.
            ``(3) Transfer.--If a person that was accredited under this 
        title no longer continues to act as a certifying agent or loses 
        accreditation, each record (or copy of the record) concerning 
        the activities of the person under this title shall be 
        transferred to the Secretary and made available by the 
        Secretary to officers and employees of the State of Hawaii.
    ``(c) Certification Report.--When certifying a covered person that 
cultivates, harvests, or processes forest products in a tropical 
environment in Hawaii, the certifying agent shall prepare a 
certification report identifying the basis for determining that the 
covered person meets the standards established under this title.
    ``(d) Agreement.--To be accredited under this title, a certifying 
agent shall enter into an agreement with the Secretary under which the 
agent shall agree to--
            ``(1) carry out the duties of the agent under this title; 
        and
            ``(2) such other terms and conditions as the Secretary 
        determines appropriate.
    ``(e) Security and Hold Harmless.--To be accredited under this 
title, in addition to the agreement required under subsection (d), a 
certifying agent shall--
            ``(1) agree to hold the Secretary or, if applicable, the 
        State of Hawaii harmless for a failure by the certifying agent 
        to carry out the duties of the agent under this title; and
            ``(2) provide reasonable security, if security is 
        determined by the Secretary or, if applicable, the State of 
        Hawaii to be necessary, for the purpose of protecting the 
        rights of participants in the applicable certification program 
        established under this title, in an amount determined by the 
        Secretary or the State.
    ``(f) Compliance.--A certifying agent shall fully comply with the 
terms and conditions of the applicable certification program carried 
out under this title.
    ``(g) Confidentiality.--Except as provided in section 206(9), a 
certifying agent--
            ``(1) shall maintain strict confidentiality with respect to 
        a client of the agent under the certification program; and
            ``(2) may not disclose to a third party (other than the 
        Secretary and the Governor) any business related information 
        concerning the client obtained while carrying out this title.
    ``(h) Conflict of Interest.--A certifying agent shall not--
            ``(1) carry out an inspection of an operation--
                    ``(A) in which the certifying agent (or an employee 
                or relative of the certifying agent) has, or has had, a 
                commercial interest; or
                    ``(B) with respect to which the agent has provided 
                consultant services;
            ``(2) accept a payment, gift, or favor from an operation 
        certified or inspected, other than any prescribed fee for a 
        certification or inspection under this title; or
            ``(3) provide advice concerning sustainable forestry 
        practices for a fee, other than any prescribed fee for a 
        certification or inspection under this title.
    ``(i) Loss of Accreditation.--
            ``(1) Noncompliance.--If the Secretary or, if applicable, 
        the Governor determines that a certifying agent is not 
        complying with this title, the Secretary or Governor may 
        suspend the accreditation of the certifying agent.
            ``(2) Effect on certified operations.--If the accreditation 
        of a certifying agent is suspended under paragraph (1), the 
        Secretary or, if applicable, the Governor shall promptly 
        determine whether cultivation, harvesting, or processing 
        operations certified by the agent may retain their 
        certification.

``SEC. 213. REVIEW OF CERTIFYING AGENTS.

    ``(a) Peer Review Panel.--
            ``(1) In general.--To assist the Secretary or, if 
        applicable, the Governor in evaluating a person who is seeking 
        accreditation as a certifying agent under this title, the 
        Secretary may establish a panel of not less than 3 individuals 
        who have significant expertise in the tropical forestry 
        cultivation, harvesting, or processing practices described in 
        section 204.
            ``(2) Limitation.--Not more than 50 percent of the members 
        of a panel shall be employed by the State of Hawaii.
    ``(b) Peer Review.--In determining whether to approve an applicant 
for accreditation under this title, the Secretary or, if applicable, 
the Governor shall consider any report concerning the applicant that is 
prepared by a panel established under subsection (a).

``SEC. 214. VIOLATIONS.

    ``(a) Misuse of Label.--A person who knowingly sells or labels a 
product as a Hawaii tropical forest product in violation of this title, 
except in accordance with this title, shall be subject to a civil 
penalty of not more than $100,000.
    ``(b) Pecuniary Gain or Loss.--If any person derives pecuniary gain 
from an offense described in subsection (a), or if the offense results 
in pecuniary loss to a person other than the defendant, the defendant 
may be fined under subsection (a) not more than twice the gross gain or 
twice the gross loss.
    ``(c) False Statement.--A person who makes a false statement under 
this title to the Secretary, an officer or employee of the State of 
Hawaii, or a certifying agent shall be subject to section 1001 of title 
18, United States Code.
    ``(d) Ineligibility.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        person shall not be eligible, after notice and an opportunity 
        for a hearing, for a period of 5 years, to receive a 
        certification under this title with respect to a farm, product, 
        or processing operation in which the person has an interest, if 
        the person--
                    ``(A) makes a false statement;
                    ``(B) attempts to have a label indicating that an 
                agricultural product is cultivated, harvested, or 
                processed using the tropical forestry practices 
                established under this title affixed to a product that 
                the person knows, or has reason to know, has been 
                produced in a manner that is not in accordance with 
                this title;
                    ``(C) adopts a scheme or device designed to evade, 
                or that has the effect of evading, this title; or
                    ``(D) otherwise violates the purposes of a 
                certification program, as determined by the Secretary 
                or, if applicable, the Governor.
            ``(2) Waiver.--The Secretary may reduce or eliminate the 
        period of ineligibility under paragraph (1) if the Secretary 
        determines that a modification or waiver is in the best 
        interests of the certification program established under this 
        title.
    ``(e) Reporting.--A certifying agent shall immediately report a 
violation of this title to the Secretary or, if applicable, the 
Governor.
    ``(f) Violations by a Certifying Agent.--A certifying agent that 
violates this title or that falsely or negligently certifies any 
cultivation, harvesting, or processing activity that does not meet the 
terms and conditions of the certification program, as determined by the 
Secretary or, if applicable, the Governor shall, after notice and an 
opportunity to be heard--
            ``(1) lose its accreditation as a certifying agent under 
        this title; and
            ``(2) be ineligible to be accredited as a certifying agent 
        under this title for a period of not less than 5 years 
        following the date of the determination.

``SEC. 215. SUNSET AUTHORITY.

    ``(a) Privatization.--Subject to subsection (c), if the Secretary 
or, if applicable, the Governor determines that there is sufficient and 
demonstrated private sector ability to operate a program described in 
section 203, 207, or 211, the Secretary or, if applicable, the Governor 
may, by rule, terminate the program otherwise established under this 
title.
    ``(b) Petition.--
            ``(1) In general.--A private sector organization may 
        petition the Secretary or, if applicable, the Governor to 
        terminate the program described in section 203, 207, or 211.
            ``(2) Announcement of decision.--Not later than 120 days 
        after receiving a petition, subject to subsection (c), the 
        Secretary or, if applicable, the Governor shall announce a 
        decision on the petition.
    ``(c) Finding.--
            ``(1) In general.--Prior to terminating a program under 
        subsection (a), the Secretary or, if applicable, the Governor 
        shall publish a notice describing the basis for determining 
        that there is sufficient and demonstrated private sector 
        ability to operate a program described in section 203, 207, or 
        211.
            ``(2) Public comment.--The public shall have the 
        opportunity to comment on the proposed termination for a period 
        of not less than 90 days before the action becomes final.

``SEC. 216. ADMINISTRATIVE APPEAL.

    ``(a) Expedited Procedure.--The Secretary shall establish an 
expedited administrative appeals procedure under which a person may 
appeal an action of the Secretary, the applicable governing State 
official, or a certifying agent under this title that--
            ``(1) adversely affects the person; or
            ``(2) is inconsistent with the certification program 
        established under this title.
    ``(b) Appeal of Final Decision.--A final decision of the Secretary 
under subsection (a) may be appealed to the United States district 
court for the district in which the person is located.

``SEC. 217. ADMINISTRATION.

    ``(a) Regulations.--Not later than 1 year after the date of 
enactment of this title, the Secretary shall issue regulations to carry 
out this title.
    ``(b) Assistance.--
            ``(1) Technical assistance.--To further the purposes of 
        this title, the Secretary shall provide technical, 
        administrative, and Extensive Service assistance to the State 
        of Hawaii and to covered persons who cultivate, harvest, or 
        process tropical forest products.
            ``(2) Financial assistance.--To further the purposes of 
        this title, the Secretary may provide grants and other forms of 
        financial assistance to--
                    ``(A) the State of Hawaii;
                    ``(B) persons who--
                            ``(i) receive a certification under section 
                        203 or 207; or
                            ``(ii) are certified by a private certifier 
                        under a private sector program described in 
                        section 215(a) after the termination under 
                        section 215 of a program established under 
                        section 203 or 207; and
                    ``(C) persons involved in the stewardship of 
                tropical forests and forest products.

``SEC. 218. PUBLIC RECORDS.

    ``(a) Maintenance.--The Secretary or, if applicable, the Governor 
shall maintain copies of--
            ``(1) forestry plans submitted under section 210;
            ``(2) accreditation reports prepared under section 211;
            ``(3) certification reports prepared under section 212; and
            ``(4) such other records as the Secretary or, if 
        applicable, the Governor considers appropriate.
    ``(b) Availability.--The Secretary or, if applicable, the Governor 
shall make records maintained under subsection (a) available for 
inspection during hours convenient to the public.''.

SEC. 3. CROP INSURANCE PILOT PROGRAM.

    Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h)) 
is amended by adding at the end the following:
            ``(10) Pilot program.--
                    ``(A) Definition of eligible producer.--In this 
                paragraph, the term `eligible producer' means a 
                producer who--
                            ``(i) receives a certification under 
                        section 203 or 207 of the Hawaii Tropical 
                        Forest Products Certification Act; or
                            ``(ii) is certified by a private certifier 
                        under a private sector program described in 
                        section 215(a) of that Act after the 
                        termination under section 215 of that Act of a 
                        program established under section 203 or 207 of 
                        that Act.
                    ``(B) Pilot program.--
                            ``(i) In general.--The Corporation shall 
                        carry out a pilot program to insure, or provide 
                        reinsurance for insurers of, eligible producers 
                        of forest products.
                            ``(ii) Requirements.--The pilot program--
                                    ``(I) shall be adapted to the 
                                specific forest product; and
                                    ``(II) may insure, or provide 
                                reinsurance for insurers of, only 
                                producers who have produced a crop of 
                                the forest product for a period of less 
                                than 5 years.''.

SEC. 4. CONFORMING AMENDMENTS.

    The Hawaii Tropical Forest Recovery Act (Public Law 102-574; 106 
Stat. 4593) is amended--
            (1) by inserting before section 2 the following:

             ``TITLE I--HAWAII TROPICAL FOREST RECOVERY'';

            (2) by redesignating sections 2, 3, 4, and 5 as sections 
        101, 102, 103, and 301, respectively;
            (3) by inserting before section 301 (as so redesignated) 
        the following:

            ``TITLE III--AUTHORIZATION OF APPROPRIATIONS'';

        and
            (4) in section 301 (as so redesignated), by striking 
        ``sections 3 and 4'' and inserting ``sections 102 and 103 and 
        title II''.
                                 <all>