[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4788 Engrossed Amendment House (EAH)]
2d Session
H.R. 4788
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT
In the House of Representatives, U. S.,
October 17, 2000.
Resolved, That the House agree to the amendment of the Senate to the bill
(H.R. 4788) entitled ``An Act to amend the United States Grain Standards Act to
extend the authority of the Secretary of Agriculture to collect fees to cover
the cost of services performed under that Act, extend the authorization of
appropriations for that Act, and improve the administration of that Act, to
reenact the United States Warehouse Act to require the licensing and inspection
of warehouses used to store agricultural products and provide for the issuance
of receipts, including electronic receipts, for agricultural products stored or
handled in licensed warehouses, and for other purposes'', with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
At the end of the matter proposed to be inserted by the
Senate amendment, add the following new sections:
SEC. 311. COTTON FUTURES.
Subsection (d)(2) of the United States Cotton Futures Act (7 U.S.C.
15b(d)(2)) is amended by adding at the end the following: ``A person
complying with the preceding sentence shall not be liable for any loss
or damage arising or resulting from such compliance.''.
SEC. 312. IMPROVED INVESTIGATIVE AND ENFORCEMENT ACTIVITIES UNDER THE
PACKERS AND STOCKYARDS ACT, 1921.
(a) Implementation of General Accounting Office Recommendations.--
Not later than 1 year after the date of the enactment of this Act, the
Secretary of Agriculture shall implement the recommendations contained
in the report issued by the General Accounting Office entitled
``Packers and Stockyards Programs: Actions Needed to Improve
Investigations of Competitive Practices'', GAO/RCED-00-242, dated
September 21, 2000.
(b) Consultation.--During the implementation period referred to in
subsection (a), and for such an additional time period as needed to
assure effective implementation of the recommendations contained in the
report referred to in such subsection, the Secretary of Agriculture
shall consult and work with the Department of Justice and the Federal
Trade Commission in order to--
(1) implement the recommendations in the report regarding
investigation management, operations, and case methods
development processes; and
(2) effectively identify and investigate complaints of
unfair and anti-competitive practices in violation of the
Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), and
enforce the Act.
(c) Training.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Agriculture shall develop and
implement a training program for staff of the Department of Agriculture
engaged in the investigation of complaints of unfair and anti-
competitive activity in violation of the Packers and Stockyards Act,
1921. In developing the training program, the Secretary of Agriculture
shall draw on existing training materials and programs available at the
Department of Justice and the Federal Trade Commission, to the extent
practicable.
(d) Implementation Report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Agriculture shall submit to
Congress a report describing the actions taken to comply with this
section.
(e) Annual Assessment of Cattle and Hog Industries.--Title IV of
the Packers and Stockyards Act, 1921, is amended--
(1) by redesignating section 415 (7 U.S.C. 229) as section
416; and
(2) by inserting after section 414 the following:
``SEC. 415. ANNUAL ASSESSMENT OF CATTLE AND HOG INDUSTRIES.
``Not later than March 1 of each year, the Secretary shall submit
to Congress and make publicly available a report that--
``(1) assesses the general economic state of the cattle and
hog industries;
``(2) describes changing business practices in those
industries; and
``(3) identifies market operations or activities in those
industries that appear to raise concerns under this Act.''.
SEC. 313. REHABILITATION OF WATER RESOURCE STRUCTURAL MEASURES
CONSTRUCTED UNDER CERTAIN DEPARTMENT OF AGRICULTURE
PROGRAMS.
The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001
et seq.) is amended by adding at the end the following new section:
``SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR PAST
THEIR EVALUATED LIFE EXPECTANCY.
``(a) Definitions.--For purposes of this section:
``(1) Rehabilitation.--The term `rehabilitation', with
respect to a structural measure constructed as part of a
covered water resource project, means the completion of all
work necessary to extend the service life of the structural
measure and meet applicable safety and performance standards.
This may include: (A) protecting the integrity of the
structural measure or prolonging the useful life of the
structural measure beyond the original evaluated life
expectancy; (B) correcting damage to the structural measure
from a catastrophic event; (C) correcting the deterioration of
structural components that are deteriorating at an abnormal
rate; (D) upgrading the structural measure to meet changed land
use conditions in the watershed served by the structural
measure or changed safety criteria applicable to the structural
measure; or (E) decommissioning the structure, if requested by
the local organization.
``(2) Covered water resource project.--The term `covered
water resource project' means a work of improvement carried out
under any of the following:
``(A) This Act.
``(B) Section 13 of the Act of December 22, 1944
(Public Law 78-534; 58 Stat. 905).
``(C) The pilot watershed program authorized under
the heading `Flood Prevention' of the Department of
Agriculture Appropriation Act, 1954 (Public Law 156; 67
Stat. 214).
``(D) Subtitle H of title XV of the Agriculture and
Food Act of 1981 (16 U.S.C. 3451 et seq.; commonly
known as the Resource Conservation and Development
Program).
``(3) Structural measure.--The term `structural measure'
means a physical improvement that impounds water, commonly
known as a dam, which was constructed as part of a covered
water resource project, including the impoundment area and
flood pool.
``(b) Cost Share Assistance for Rehabilitation.--
``(1) Assistance authorized.--The Secretary may provide
financial assistance to a local organization to cover a portion
of the total costs incurred for the rehabilitation of
structural measures originally constructed as part of a covered
water resource project. The total costs of rehabilitation
include the costs associated with all components of the
rehabilitation project, including acquisition of land,
easements, and rights-of-ways, rehabilitation project
administration, the provision of technical assistance,
contracting, and construction costs, except that the local
organization shall be responsible for securing all land,
easements, or rights-of-ways necessary for the project.
``(2) Amount of assistance; limitations.--The amount of
Federal funds that may be made available under this subsection
to a local organization for construction of a particular
rehabilitation project shall be equal to 65 percent of the
total rehabilitation costs, but not to exceed 100 percent of
actual construction costs incurred in the rehabilitation.
However, the local organization shall be responsible for the
costs of water, mineral, and other resource rights and all
Federal, State, and local permits.
``(3) Relation to land use and development regulations.--As
a condition on entering into an agreement to provide financial
assistance under this subsection, the Secretary, working in
concert with the affected unit or units of general purpose
local government, may require that proper zoning or other
developmental regulations are in place in the watershed in
which the structural measures to be rehabilitated under the
agreement are located so that--
``(A) the completed rehabilitation project is not
quickly rendered inadequate by additional development;
and
``(B) society can realize the full benefits of the
rehabilitation investment.
``(c) Technical Assistance for Watershed Project Rehabilitation.--
The Secretary, acting through the Natural Resources Conservation
Service, may provide technical assistance in planning, designing, and
implementing rehabilitation projects should a local organization
request such assistance. Such assistance may consist of specialists in
such fields as engineering, geology, soils, agronomy, biology,
hydraulics, hydrology, economics, water quality, and contract
administration.
``(d) Prohibited Use.--
``(1) Performance of operation and maintenance.--
Rehabilitation assistance provided under this section may not
be used to perform operation and maintenance activities
specified in the agreement for the covered water resource
project entered into between the Secretary and the local
organization responsible for the works of improvement. Such
operation and maintenance activities shall remain the
responsibility of the local organization, as provided in the
project work plan.
``(2) Renegotiation.--Notwithstanding paragraph (1), as
part of the provision of financial assistance under subsection
(b), the Secretary may renegotiate the original agreement for
the covered water resource project entered into between the
Secretary and the local organization regarding responsibility
for the operation and maintenance of the project when the
rehabilitation is finished.
``(e) Application for Rehabilitation Assistance.--A local
organization may apply to the Secretary for technical and financial
assistance under this section if the application has also been
submitted to and approved by the State agency having supervisory
responsibility over the covered water resource project at issue or, if
there is no State agency having such responsibility, by the Governor of
the State. The Secretary shall request the State dam safety officer (or
equivalent State official) to be involved in the application process if
State permits or approvals are required. The rehabilitation of
structural measures shall meet standards established by the Secretary
and address other dam safety issues. At the request of the local
organization, personnel of the Natural Resources Conservation Service
of the Department of Agriculture may assist in preparing applications
for assistance.
``(f) Ranking of Requests for Rehabilitation Assistance.--The
Secretary shall establish such system of approving rehabilitation
requests, recognizing that such requests will be received throughout
the fiscal year and subject to the availability of funds to carry out
this section, as is necessary for proper administration by the
Department of Agriculture and equitable for all local organizations.
The approval process shall be in writing, and made known to all local
organizations and appropriate State agencies.
``(g) Prohibition on Certain Rehabilitation Assistance.--The
Secretary may not approve a rehabilitation request if the need for
rehabilitation of the structure is the result of a lack of adequate
maintenance by the party responsible for the maintenance.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to provide financial and technical
assistance under this section--
``(1) $5,000,000 for fiscal year 2001;
``(2) $10,000,000 for fiscal year 2002;
``(3) $15,000,000 for fiscal year 2003;
``(4) $25,000,000 for fiscal year 2004; and
``(5) $35,000,000 for fiscal year 2005.
``(i) Assessment of Rehabilitation Needs.--The Secretary, in
concert with the responsible State agencies, shall conduct an
assessment of the rehabilitation needs of covered water resource
projects in all States in which such projects are located.
``(j) Recordkeeping and Reports.--
``(1) Secretary.--The Secretary shall maintain a data base
to track the benefits derived from rehabilitation projects
supported under this section and the expenditures made under
this section. On the basis of such data and the reports
submitted under paragraph (2), the Secretary shall prepare and
submit to Congress an annual report providing the status of
activities conducted under this section.
``(2) Grant recipients.--Not later than 90 days after the
completion of a specific rehabilitation project for which
assistance is provided under this section, the local
organization that received the assistance shall make a report
to the Secretary giving the status of any rehabilitation effort
undertaken using financial assistance provided under this
section.''.
SEC. 314. RELEASE OF REVERSIONARY INTEREST AND CONVEYANCE OF MINERAL
RIGHTS IN FORMER FEDERAL LAND IN SUMTER COUNTY, SOUTH
CAROLINA.
(a) Findings.--Congress finds the following:
(1) The hiking trail known as the Palmetto Trail traverses
the Manchester State Forest in Sumter County, South Carolina,
which is owned by the South Carolina State Commission of
Forestry on behalf of the State of South Carolina.
(2) The Commission seeks to widen the Palmetto Trail by
acquiring a corridor of land along the northeastern border of
the trail from the Anne Marie Carton Boardman Trust in exchange
for a tract of former Federal land now owned by the Commission.
(3) At the time of the conveyance of the former Federal
land to the Commission in 1955, the United States retained a
reversionary interest in the land, which now prevents the land
exchange from being completed.
(b) Release of Reversionary Interest.--
(1) Release required.--In the case of the tract of land
identified as Tract 3 on the map numbered 161-DI and further
described in paragraph (2), the Secretary of Agriculture shall
release the reversionary interest of the United States in the
land that--
(A) requires that the land be used for public
purposes; and
(B) is contained in the deed conveying the land
from the United States to the South Carolina State
Commission of Forestry, dated June 28, 1955, and
recorded in Deed Drawer No. 6 of the Clerk of Court for
Sumter County, South Carolina.
(2) Map of tract 3.--Tract 3 is generally depicted on the
map numbered 161-DI, entitled ``Boundary Survey for South
Carolina Forestry Commission'', dated August 1998, and filed,
together with a legal description of the tract, with the South
Carolina State Commission of Forestry.
(3) Consideration.--As consideration for the release of the
revisionary interest under paragraph (1), the State of South
Carolina shall transfer to the United States a vested future
interest, similar to the restriction described in paragraph
(1)(A), in the tract of land identified as Parcel G on the map
numbered 225-HI, entitled ``South Carolina Forestry Commission
Boardman Land Exchange'', dated June 9, 1999, and filed,
together with a legal description of the tract, with the South
Carolina State Commission of Forestry.
(c) Exchange of Mineral Rights.--
(1) Exchange required.--Subject to any valid existing
rights of third parties, the Secretary of the Interior shall
convey to the South Carolina State Commission of Forestry on
behalf of the State of South Carolina all of the undivided
mineral rights of the United States in the Tract 3 identified
in subsection (b)(1) in exchange for mineral rights of equal
value held by the State of South Carolina in the Parcel G
identified in subsection (b)(3) as well as in Parcels E and F
owned by the State and also depicted on the map referred to in
subsection (b)(3).
(2) Determination of mineral character.--Not later than 90
days after the date of the enactment of this Act, the Secretary
of the Interior shall determine--
(A) the mineral character of Tract 3 and Parcels E,
F, and G; and
(B) the fair market value of the mineral interests.
SEC. 315. TECHNICAL CORRECTION REGARDING RESTORATION OF ELIGIBILITY FOR
CROP LOSS ASSISTANCE.
Section 259 of the Agricultural Risk Protection Act of 2000 (Public
Law 106-224; 114 Stat. 426; 7 U.S.C. 1421 note) is amended by adding at
the end the following:
``(c) Commodity Credit Corporation.--The Secretary shall use the
funds, facilities, and authorities of the Commodity Credit Corporation
to carry out this section.''.
SEC. 316. PORK CHECKOFF REFERENDUM.
Notwithstanding section 1620(c)(3)(B)(iv) of the Pork Promotion,
Research, and Consumer Information Act of 1985 (7 U.S.C.
4809(c)(3)(B)(iv)), the Secretary shall use funds of the Commodity
Credit Corporation to pay for all expenses associated with the pork
checkoff referendum ordered by the Secretary on February 25, 2000.
Attest:
Clerk.