[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4788 Enrolled Bill (ENR)]
H.R.4788
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Grain Standards
and Warehouse Improvement Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GRAIN STANDARDS
Sec. 101. Sampling for export grain.
Sec. 102. Geographic boundaries for official agencies.
Sec. 103. Authorization to collect fees.
Sec. 104. Testing of equipment.
Sec. 105. Limitation on administrative and supervisory costs.
Sec. 106. Licenses and authorizations.
Sec. 107. Grain additives.
Sec. 108. Authorization of appropriations.
Sec. 109. Advisory committee.
Sec. 110. Conforming amendments.
Sec. 111. Special effective date for certain expired provisions.
TITLE II--WAREHOUSES
Sec. 201. Storage of agricultural products in warehouses.
Sec. 202. Regulations.
TITLE III--MISCELLANEOUS
Sec. 301. Energy generation, transmission, and distribution facilities
efficiency grants and loans in rural communities with
extremely high energy costs.
Sec. 302. Carry forward adjustment.
Sec. 303. Fees and penalties for mediation and arbitration of disputes
involving agricultural products moving in foreign commerce
under multinational entities.
Sec. 304. Community facilities grant program for rural communities with
extreme unemployment and severe economic depression.
Sec. 305. Community facilities grant program for rural communities with
high levels of out-migration or loss of population.
Sec. 306. State agricultural mediation programs.
Sec. 307. Adjustments to nutrition programs.
Sec. 308. Authorization for Secretary of Agriculture to purchase and
transfer land.
Sec. 309. Extension of time period for filing certain complaints
alleging preparation of false inspection certificates.
Sec. 310. International food relief partnership.
TITLE I--GRAIN STANDARDS
SEC. 101. SAMPLING FOR EXPORT GRAIN.
Section 5(a)(1) of the United States Grain Standards Act (7 U.S.C.
77(a)(1)) is amended by striking ``(on the basis'' and all that follows
through ``from the United States)''.
SEC. 102. GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES.
(a) Inspection Authority.--Section 7(f) of the United States Grain
Standards Act (7 U.S.C. 79(f)) is amended by striking paragraph (2) and
inserting the following:
``(2) Geographic boundaries for official agencies.--Not more
than one official agency designated under paragraph (1) or State
delegated authority under subsection (e)(2) to carry out the
inspection provisions of this Act shall be operative at the same
time in any geographic area defined by the Secretary, except that,
if the Secretary determines that the presence of more than one
designated official agency in the same geographic area will not
undermine the policy stated in section 2, the Secretary may--
``(A) allow more than one designated official agency to
carry out inspections within the same geographical area as part
of a pilot program; and
``(B) allow a designated official agency to cross boundary
lines to carry out inspections in another geographic area if
the Secretary also determines that--
``(i) the current designated official agency for that
geographic area is unable to provide inspection services in
a timely manner;
``(ii) a person requesting inspection services in that
geographic area has not been receiving official inspection
services from the current designated official agency for
that geographic area; or
``(iii) a person requesting inspection services in that
geographic area requests a probe inspection on a barge-lot
basis.''.
(b) Weighing Authority.--Section 7A(i) of the United States Grain
Standards Act (7 U.S.C. 79a(i)) is amended--
(1) by striking ``(i) No'' and inserting the following:
``(i) Unauthorized Weighing Prohibited.--
``(1) In general.--No'';
(2) by striking the second sentence; and
(3) by adding at the end the following:
``(2) Geographic boundaries for official agencies.--Not more
than one designated official agency referred to in paragraph (1) or
State agency delegated authority pursuant to subsection (c)(2) to
carry out the weighing provisions of this Act shall be operative at
the same time in any geographic area defined by the Secretary,
except that, if the Secretary determines that the presence of more
than one designated official agency in the same geographic area
will not undermine the policy stated in section 2, the Secretary
may--
``(A) allow more than one designated official agency to
carry out the weighing provisions within the same geographical
area as part of a pilot program; and
``(B) allow a designated official agency to cross boundary
lines to carry out the weighing provisions in another
geographic area if the Secretary also determines that--
``(i) the current designated official agency for that
geographic area is unable to provide the weighing services
in a timely manner; or
``(ii) a person requesting weighing services in that
geographic area has not been receiving official weighing
services from the current designated official agency for
that geographic area.''.
SEC. 103. AUTHORIZATION TO COLLECT FEES.
(a) Inspection and Supervisory Fees.--Section 7(j)(4) of the United
States Grain Standards Act (7 U.S.C. 79(j)(4)) is amended in the first
sentence by striking ``2000'' and inserting ``2005''.
(b) Weighing and Supervisory Fees.--Section 7A(l)(3) of the United
States Grain Standards Act (7 U.S.C. 79a(l)(3)) is amended in the first
sentence by striking ``2000'' and inserting ``2005''.
SEC. 104. TESTING OF EQUIPMENT.
Section 7B(a) of the United States Grain Standards Act (7 U.S.C.
79b(a)) is amended in the first sentence by striking ``but at least
annually and''.
SEC. 105. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS.
Section 7D of the United States Grain Standards Act (7 U.S.C. 79d)
is amended--
(1) by striking ``2000'' and inserting ``2005''; and
(2) by striking ``40 per centum'' and inserting ``30 percent''.
SEC. 106. LICENSES AND AUTHORIZATIONS.
Section 8(a)(3) of the United States Grain Standards Act (7 U.S.C.
84(a)(3)) is amended by inserting ``inspection, weighing,'' after
``laboratory testing,''.
SEC. 107. GRAIN ADDITIVES.
Section 13(e)(1) of the United States Grain Standards Act (7 U.S.C.
87b(e)(1)) is amended by inserting ``, or prohibit disguising the
quality of grain,'' after ``sound and pure grain''.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
Section 19 of the United States Grain Standards Act (7 U.S.C. 87h)
is amended by striking ``2000'' and inserting ``2005''.
SEC. 109. ADVISORY COMMITTEE.
Section 21(e) of the United States Grain Standards Act (7 U.S.C.
87j(e)) is amended by striking ``2000'' and inserting ``2005''.
SEC. 110. CONFORMING AMENDMENTS.
(a) Section 8 of the United States Grain Standards Act of 1976 (7
U.S.C. 79 note; Public Law 94-582) is amended--
(1) by striking ``(a)''; and
(2) by striking subsection (b).
(b) Sections 23, 24, and 25 of the United States Grain Standards
Act of 1976 (7 U.S.C. 87e-1; 7 U.S.C. 76 note; Public Law 94-582) are
repealed.
(c) Section 27 of the United States Grain Standards Act of 1976 (7
U.S.C. 74 note; Public Law 94-582) is amended by striking ``; and
thereafter'' and all that follows and inserting a period.
SEC. 111. SPECIAL EFFECTIVE DATE FOR CERTAIN EXPIRED PROVISIONS.
The amendments made by sections 103, 105, 108, and 109 shall take
effect as if enacted on September 30, 2000.
TITLE II--WAREHOUSES
SEC. 201. STORAGE OF AGRICULTURAL PRODUCTS IN WAREHOUSES.
The United States Warehouse Act (7 U.S.C. 241 et seq.) is amended
to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `United States Warehouse Act'.
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Agricultural product.--The term `agricultural product'
means an agricultural commodity, as determined by the Secretary,
including a processed product of an agricultural commodity.
``(2) Approval.--The term `approval' means the consent provided
by the Secretary for a person to engage in an activity authorized
by this Act.
``(3) Department.--The term `Department' means the Department
of Agriculture.
``(4) Electronic document.--The term `electronic document'
means a document that is generated, sent, received, or stored by
electronic, optical, or similar means, including electronic data
interchange, electronic mail, telegram, telex, or telecopy.
``(5) Electronic receipt.--The term `electronic receipt' means
a receipt that is authorized by the Secretary to be issued or
transmitted under this Act in the form of an electronic document.
``(6) Holder.--The term `holder' means a person that has
possession in fact or by operation of law of a receipt or any
electronic document.
``(7) Person.--The term `person' means--
``(A) a person (as defined in section 1 of title 1, United
States Code);
``(B) a State; and
``(C) a political subdivision of a State.
``(8) Receipt.--The term `receipt' means a warehouse receipt
issued in accordance with this Act, including an electronic
receipt.
``(9) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``(10) Warehouse.--The term `warehouse' means a structure or
other approved storage facility, as determined by the Secretary, in
which any agricultural product may be stored or handled for the
purposes of interstate or foreign commerce.
``(11) Warehouse operator.--The term `warehouse operator' means
a person that is lawfully engaged in the business of storing or
handling agricultural products.
``SEC. 3. POWERS OF SECRETARY.
``(a) In General.--The Secretary shall have exclusive power,
jurisdiction, and authority, to the extent that this Act applies, with
respect to--
``(1) each warehouse operator licensed under this Act;
``(2) each person that has obtained an approval to engage in an
activity under this Act; and
``(3) each person claiming an interest in an agricultural
product by means of a document or receipt subject to this Act.
``(b) Covered Agricultural Products.--The Secretary shall specify,
after an opportunity for notice and comment, those agricultural
products for which a warehouse license may be issued under this Act.
``(c) Investigations.--The Secretary may investigate the storing,
warehousing, classifying according to grade and otherwise, weighing,
and certifying of agricultural products.
``(d) Inspections.--The Secretary may inspect or cause to be
inspected any person or warehouse licensed under this Act and any
warehouse for which a license is applied for under this Act.
``(e) Suitability for Storage.--The Secretary may determine whether
a licensed warehouse, or a warehouse for which a license is applied for
under this Act, is suitable for the proper storage of the agricultural
product or products stored or proposed for storage in the warehouse.
``(f) Classification.--The Secretary may classify a licensed
warehouse, or a warehouse for which a license is applied for under this
Act, in accordance with the ownership, location, surroundings,
capacity, conditions, and other qualities of the warehouse and as to
the kinds of licenses issued or that may be issued for the warehouse
under this Act.
``(g) Warehouse Operator's Duties.--Subject to the other provisions
of this Act, the Secretary may prescribe the duties of a warehouse
operator operating a warehouse licensed under this Act with respect to
the warehouse operator's care of and responsibility for agricultural
products stored or handled by the warehouse operator.
``(h) Systems for Electronic Conveyance.--
``(1) Regulations governing electronic systems.--Except as
provided in paragraph (2), the Secretary may promulgate regulations
governing one or more electronic systems under which electronic
receipts may be issued and transferred and other electronic
documents relating to the shipment, payment, and financing of the
sale of agricultural products may be issued or transferred.
``(2) Limitations.--The Secretary shall not have the authority
under this Act to establish--
``(A) one or more central filing systems for the filing of
financing statements or the filing of the notice of financing
statements; or
``(B) rules to determine security interests of persons
affected by this Act.
``(i) Examination and Audits.--In addition to the authority
provided under subsection (l), on request of the person, State agency,
or commodity exchange, the Secretary may conduct an examination, audit,
or similar activity with respect to--
``(1) any person that is engaged in the business of storing an
agricultural product that is subject to this Act;
``(2) any State agency that regulates the storage of an
agricultural product by such a person; or
``(3) any commodity exchange with regulatory authority over the
storage of agricultural products that are subject to this Act.
``(j) Licenses for Operation of Warehouses.--The Secretary may
issue to any warehouse operator a license for the operation of a
warehouse in accordance with this Act if--
``(1) the Secretary determines that the warehouse is suitable
for the proper storage of the agricultural product or products
stored or proposed for storage in the warehouse; and
``(2) the warehouse operator agrees, as a condition of the
license, to comply with this Act (including regulations promulgated
under this Act).
``(k) Licensing of Other Persons.--
``(1) In general.--On presentation of satisfactory proof of
competency to carry out the activities described in this paragraph,
the Secretary may issue to any person a Federal license--
``(A) to inspect any agricultural product stored or handled
in a warehouse subject to this Act;
``(B) to sample such an agricultural product;
``(C) to classify such an agricultural product according to
condition, grade, or other class and certify the condition,
grade, or other class of the agricultural product; or
``(D) to weigh such an agricultural product and certify the
weight of the agricultural product.
``(2) Condition.--As a condition of a license issued under
paragraph (1), the licensee shall agree to comply with this Act
(including regulations promulgated under this Act).
``(l) Examination of Books, Records, Papers, and Accounts.--The
Secretary may examine and audit, using designated officers, employees,
or agents of the Department, all books, records, papers, and accounts
relating to activities subject to this Act of--
``(1) a warehouse operator operating a warehouse licensed under
this Act;
``(2) a person operating a system for the electronic recording
and transfer of receipts and other documents authorized by the
Secretary; or
``(3) any other person issuing receipts or electronic documents
authorized by the Secretary under this Act.
``(m) Cooperation With States.--The Secretary may--
``(1) cooperate with officers and employees of a State who
administer or enforce State laws relating to warehouses, warehouse
operators, weighers, graders, inspectors, samplers, or classifiers;
and
``(2) enter into cooperative agreements with States to perform
activities authorized under this Act.
``SEC. 4. IMPOSITION AND COLLECTION OF FEES.
``(a) In General.--The Secretary shall assess persons covered by
this Act fees to cover the costs of administering this Act.
``(b) Rates.--The fees under this section shall be set at a rate
determined by the Secretary.
``(c) Treatment of Fees.--All fees collected under this section
shall be credited to the account that incurs the costs of administering
this Act and shall be available to the Secretary without further
appropriation and without fiscal year limitation.
``(d) Interest.--Funds collected under this section may be
deposited in an interest-bearing account with a financial institution,
and any interest earned on the account shall be credited under
subsection (c).
``(e) Efficiencies and Cost Effectiveness.--
``(1) In general.--The Secretary shall seek to minimize the
fees established under this section by improving efficiencies and
reducing costs, including the efficient use of personnel to the
extent practicable and consistent with the effective implementation
of this Act.
``(2) Report.--The Secretary shall publish an annual report on
the actions taken by the Secretary to comply with paragraph (1).
``SEC. 5. QUALITY AND VALUE STANDARDS.
``If standards for the evaluation or determination of the quality
or value of an agricultural product are not established under another
Federal law, the Secretary may establish standards for the evaluation
or determination of the quality or value of the agricultural product
under this Act.
``SEC. 6. BONDING AND OTHER FINANCIAL ASSURANCE REQUIREMENTS.
``(a) In General.--As a condition of receiving a license or
approval under this Act (including regulations promulgated under this
Act), the person applying for the license or approval shall execute and
file with the Secretary a bond, or provide such other financial
assurance as the Secretary determines appropriate, to secure the
person's performance of the activities so licensed or approved.
``(b) Service of Process.--To qualify as a suitable bond or other
financial assurance under subsection (a), the surety, sureties, or
financial institution shall be subject to service of process in suits
on the bond or other financial assurance in the State, district, or
territory in which the warehouse is located.
``(c) Additional Assurances.--If the Secretary determines that a
previously approved bond or other financial assurance is insufficient,
the Secretary may suspend or revoke the license or approval covered by
the bond or other financial assurance if the person that filed the bond
or other financial assurance does not provide such additional bond or
other financial assurance as the Secretary determines appropriate.
``(d) Third Party Actions.--Any person injured by the breach of any
obligation arising under this Act for which a bond or other financial
assurance has been obtained as required by this section may sue with
respect to the bond or other financial assurance in a district court of
the United States to recover the damages that the person sustained as a
result of the breach.
``SEC. 7. MAINTENANCE OF RECORDS.
``To facilitate the administration of this Act, the following
persons shall maintain such records and make such reports, as the
Secretary may by regulation require:
``(1) A warehouse operator that is licensed under this Act.
``(2) A person operating a system for the electronic recording
and transfer of receipts and other documents that are authorized
under this Act.
``(3) Any other person engaged in the issuance of electronic
receipts or the transfer of documents under this Act.
``SEC. 8. FAIR TREATMENT IN STORAGE OF AGRICULTURAL PRODUCTS.
``(a) In General.--Subject to the capacity of a warehouse, a
warehouse operator shall deal, in a fair and reasonable manner, with
persons storing, or seeking to store, an agricultural product in the
warehouse if the agricultural product--
``(1) is of the kind, type, and quality customarily stored or
handled in the area in which the warehouse is located;
``(2) is tendered to the warehouse operator in a suitable
condition for warehousing; and
``(3) is tendered in a manner that is consistent with the
ordinary and usual course of business.
``(b) Allocation.--Nothing in this section prohibits a warehouse
operator from entering into an agreement with a depositor of an
agricultural product to allocate available storage space.
``SEC. 9. COMMINGLING OF AGRICULTURAL PRODUCTS.
``(a) In General.--A warehouse operator may commingle agricultural
products in a manner approved by the Secretary.
``(b) Liability.--A warehouse operator shall be severally liable to
each depositor or holder for the care and redelivery of the share of
the depositor and holder of the commingled agricultural product to the
same extent and under the same circumstances as if the agricultural
products had been stored separately.
``SEC. 10. TRANSFER OF STORED AGRICULTURAL PRODUCTS.
``(a) In General.--In accordance with regulations promulgated under
this Act, a warehouse operator may transfer a stored agricultural
product from one warehouse to another warehouse for continued storage.
``(b) Continued Duty.--The warehouse operator from which
agricultural products have been transferred under subsection (a) shall
deliver to the rightful owner of such products, on request at the
original warehouse, such products in the quantity and of the kind,
quality, and grade called for by the receipt or other evidence of
storage of the owner.
``SEC. 11. WAREHOUSE RECEIPTS.
``(a) In General.--At the request of the depositor of an
agricultural product stored or handled in a warehouse licensed under
this Act, the warehouse operator shall issue a receipt to the depositor
as prescribed by the Secretary.
``(b) Actual Storage Required.--A receipt may not be issued under
this section for an agricultural product unless the agricultural
product is actually stored in the warehouse at the time of the issuance
of the receipt.
``(c) Contents.--Each receipt issued for an agricultural product
stored or handled in a warehouse licensed under this Act shall contain
such information, for each agricultural product covered by the receipt,
as the Secretary may require by regulation.
``(d) Prohibition on Additional Receipts or Other Documents.--
``(1) Receipts.--While a receipt issued under this Act is
outstanding and uncanceled by the warehouse operator, an additional
receipt may not be issued for the same agricultural product (or any
portion of the same agricultural product) represented by the
outstanding receipt, except as authorized by the Secretary.
``(2) Other documents.--If a document is transferred under this
section, no duplicate document in any form may be transferred by
any person with respect to the same agricultural product
represented by the document, except as authorized by the Secretary.
``(e) Electronic Receipts and Electronic Documents.--Except as
provided in section 3(h)(2), notwithstanding any other provision of
Federal or State law:
``(1) In general.--The Secretary may promulgate regulations
that authorize the issuance, recording, and transfer of electronic
receipts, and the transfer of other electronic documents, in
accordance with this subsection.
``(2) Electronic receipt or electronic document systems.--
Electronic receipts may be issued, recorded, and transferred, and
electronic documents may be transferred, under this subsection with
respect to an agricultural product under, a system or systems
maintained in one or more locations and approved by the Secretary
in accordance with regulations issued under this Act.
``(3) Treatment of holder.--Any person designated as the holder
of an electronic receipt or other electronic document issued or
transferred under this Act shall, for the purpose of perfecting the
security interest of the person under Federal or State law and for
all other purposes, be considered to be in possession of the
receipt or other electronic document.
``(4) Nondiscrimination.--An electronic receipt issued, or
other electronic document transferred, in accordance with this Act
shall not be denied legal effect, validity, or enforceability on
the ground that the information is generated, sent, received, or
stored by electronic or similar means.
``(5) Security interests.--If more than one security interest
exists in the agricultural product that is the subject of an
electronic receipt or other electronic document under this Act, the
priority of the security interest shall be determined by the
applicable Federal or State law.
``(6) No electronic receipt required.--A person shall not be
required to issue in electronic form a receipt or document with
respect to an agricultural product.
``(7) Option for non-federally licensed warehouse operators.--
Notwithstanding any other provision of this Act, a warehouse
operator not licensed under this Act may, at the option of the
warehouse operator and in accordance with regulations established
by the Secretary, issue electronic receipts and transfer other
electronic documents in accordance with this Act.
``(8) Application to state-licensed warehouse operators.--This
subsection shall not apply to a warehouse operator that is licensed
under State law to store agricultural commodities in a warehouse in
the State if the warehouse operator elects--
``(A) not to issue electronic receipts authorized under
this subsection; or
``(B) to issue electronic receipts authorized under State
law.
``SEC. 12. CONDITIONS FOR DELIVERY OF AGRICULTURAL PRODUCTS.
``(a) Prompt Delivery.--In the absence of a lawful excuse, a
warehouse operator shall, without unnecessary delay, deliver the
agricultural product stored or handled in the warehouse on a demand
made by--
``(1) the holder of the receipt for the agricultural product;
or
``(2) the person that deposited the product, if no receipt has
been issued.
``(b) Payment To Accompany Demand.--Prior to delivery of the
agricultural product, payment of the accrued charges associated with
the storage of the agricultural product, including satisfaction of the
warehouseman's lien, shall be made if requested by the warehouse
operator.
``(c) Surrender of Receipt.--When the holder of a receipt requests
delivery of an agricultural product covered by the receipt, the holder
shall surrender the receipt to the warehouse operator, in the manner
prescribed by the Secretary, to obtain the agricultural product.
``(d) Cancellation of Receipt.--A warehouse operator shall cancel
each receipt returned to the warehouse operator upon the delivery of
the agricultural product for which the receipt was issued.
``SEC. 13. SUSPENSION OR REVOCATION OF LICENSES.
``(a) In General.--After providing notice and an opportunity for a
hearing in accordance with this section, the Secretary may suspend or
revoke any license issued, or approval for an activity provided, under
this Act--
``(1) for a material violation of, or failure to comply, with
any provision of this Act (including regulations promulgated under
this Act); or
``(2) on the ground that unreasonable or exorbitant charges
have been imposed for services rendered.
``(b) Temporary Suspension.--The Secretary may temporarily suspend
a license or approval for an activity under this Act prior to an
opportunity for a hearing for any violation of, or failure to comply
with, any provision of this Act (including regulations promulgated
under this Act).
``(c) Authority To Conduct Hearings.--The agency within the
Department that is responsible for administering regulations
promulgated under this Act shall have exclusive authority to conduct
any hearing required under this section.
``(d) Judicial Review.--
``(1) Jurisdiction.--A final administrative determination
issued subsequent to a hearing may be reviewable only in a district
court of the United States.
``(2) Procedure.--The review shall be conducted in accordance
with the standards set forth in section 706(2) of title 5, United
States Code.
``SEC. 14. PUBLIC INFORMATION.
``(a) In General.--The Secretary may release to the public the
names, addresses, and locations of all persons--
``(1) that have been licensed under this Act or that have been
approved to engage in an activity under this Act; and
``(2) with respect to which a license or approval has been
suspended or revoked under section 13, the results of any
investigation made or hearing conducted under this Act, including
the reasons for the suspension or revocation.
``(b) Confidentiality.--Except as otherwise provided by law, an
officer, employee, or agent of the Department shall not divulge
confidential business information obtained during a warehouse
examination or other function performed as part of the duties of the
officer, employee, or agent under this Act.
``SEC. 15. PENALTIES FOR NONCOMPLIANCE.
``If a person fails to comply with any requirement of this Act
(including regulations promulgated under this Act), the Secretary may
assess, on the record after an opportunity for a hearing, a civil
penalty--
``(1) of not more than $25,000 per violation, if an
agricultural product is not involved in the violation; or
``(2) of not more than 100 percent of the value of the
agricultural product, if an agricultural product is involved in the
violation.
``SEC. 16. JURISDICTION AND ARBITRATION.
``(a) Federal Jurisdiction.--A district court of the United States
shall have exclusive jurisdiction over any action brought under this
Act without regard to the amount in controversy or the citizenship of
the parties.
``(b) Arbitration.--Nothing in this Act prevents the enforceability
of an agreement to arbitrate that would otherwise be enforceable under
chapter 1 of title 9, United States Code.
``SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.''.
SEC. 202. REGULATIONS.
(a) Proposed Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Agriculture shall publish
in the Federal Register proposed regulations for carrying out the
amendment made by section 201.
(b) Final Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall promulgate final
regulations for carrying out the amendment made by section 201.
(c) Effectiveness of Existing Act.--The United States Warehouse Act
(7 U.S.C. 241 et seq.) (as it existed before the amendment made by
section 201) shall be effective until the earlier of--
(1) the date on which final regulations are promulgated under
subsection (b); or
(2) August 1, 2001.
TITLE III--MISCELLANEOUS
SEC. 301. ENERGY GENERATION, TRANSMISSION, AND DISTRIBUTION FACILITIES
EFFICIENCY GRANTS AND LOANS IN RURAL COMMUNITIES WITH
EXTREMELY HIGH ENERGY COSTS.
Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901 et
seq.) is amended by adding at the end the following:
``SEC. 19. ENERGY GENERATION, TRANSMISSION, AND DISTRIBUTION FACILITIES
EFFICIENCY GRANTS AND LOANS IN RURAL COMMUNITIES WITH
EXTREMELY HIGH ENERGY COSTS.
``(a) In General.--The Secretary, acting through the Rural
Utilities Service, may--
``(1) in coordination with State rural development initiatives,
make grants and loans to persons, States, political subdivisions of
States, and other entities organized under the laws of States to
acquire, construct, extend, upgrade, and otherwise improve energy
generation, transmission, or distribution facilities serving
communities in which the average residential expenditure for home
energy is at least 275 percent of the national average residential
expenditure for home energy (as determined by the Energy
Information Agency using the most recent data available);
``(2) make grants and loans to the Denali Commission
established by the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277) to acquire, construct, extend, upgrade,
and otherwise improve energy generation, transmission, or
distribution facilities serving communities described in paragraph
(1); and
``(3) make grants to State entities, in existence as of the
date of the enactment of this section, to establish and support a
revolving fund to provide a more cost-effective means of purchasing
fuel where the fuel cannot be shipped by means of surface
transportation.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to
carry out this section $50,000,000 for fiscal year 2001 and such
sums as are necessary for each subsequent fiscal year.
``(2) Limitation on planning and administrative expenses.--Not
more than 4 percent of the amounts made available under paragraph
(1) may be used for planning and administrative expenses.''.
SEC. 302. CARRY FORWARD ADJUSTMENT.
The amendments made by section 204(b)(10)(A) of the Agricultural
Risk Protection Act of 2000 shall apply beginning with undermarketings
of the 2001 crop of burley tobacco and with marketings of the 2002 crop
of burley tobacco.
SEC. 303. FEES AND PENALTIES FOR MEDIATION AND ARBITRATION OF DISPUTES
INVOLVING AGRICULTURAL PRODUCTS MOVING IN FOREIGN
COMMERCE UNDER MULTINATIONAL ENTITIES.
Section 203(e) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1622(e)) is amended--
(1) by striking ``(e) To'' and inserting the following:
``(e) Development of New Markets.--
``(1) In general.--To''; and
(2) by adding at the end the following:
``(2) Fees and penalties.--
``(A) In general.--In carrying out paragraph (1), the
Secretary may assess and collect reasonable fees and late
payment penalties to mediate and arbitrate disputes arising
between parties in connection with transactions involving
agricultural products moving in foreign commerce under the
jurisdiction of a multinational entity.
``(B) Deposit.--Fees and penalties collected under
subparagraph (A) shall be deposited into the account that
incurred the cost of providing the mediation or arbitration
service.
``(C) Availability.--Fees and penalties collected under
subparagraph (A) shall be available to the Secretary without
further Act of appropriation and shall remain available until
expended to pay the expenses of the Secretary for providing
mediation and arbitration services under this paragraph.
``(D) No requirement for use of services.--No person shall
be required by the Secretary to use the mediation and
arbitration services provided under this paragraph.''.
SEC. 304. COMMUNITY FACILITIES GRANT PROGRAM FOR RURAL COMMUNITIES WITH
EXTREME UNEMPLOYMENT AND SEVERE ECONOMIC DEPRESSION.
(a) In General.--Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) is amended by adding at the end the
following:
``(20) Community facilities grant program for rural communities
with extreme unemployment and severe economic depression.--
``(A) Definition of not employed rate.--In this paragraph,
the term `not employed rate', with respect to a community,
means the percentage of individuals over the age of 18 who
reside within the community and who are ready, willing, and
able to be employed but are unable to find employment, as
determined by the department of labor of the State in which the
community is located.
``(B) Grant authority.--The Secretary may make grants to
associations, units of general local government, nonprofit
corporations, and Indian tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)) in a State to provide the Federal share of the
cost of developing specific essential community facilities in
rural communities with respect to which the not employed rate
is greater than the lesser of--
``(i) 500 percent of the average national unemployment
rate on the date of the enactment of this paragraph, as
determined by the Bureau of Labor Statistics; or
``(ii) 200 percent of the average national unemployment
rate during the Great Depression, as determined by the
Bureau of Labor Statistics.
``(C) Federal share.--Paragraph (19)(B) shall apply to a
grant made under this paragraph.
``(D) Authorization of appropriations.--There are
authorized to be appropriated to carry out this paragraph
$50,000,000 for fiscal year 2001 and such sums as are necessary
for each subsequent fiscal year, of which not more than 5
percent of the amount made available for a fiscal year shall be
available for community planning and implementation.''.
(b) Conforming Amendment.--Section 381E(d)(1)(B) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009d(d)(1)(B))
is amended by striking ``section 306(a)(19)'' and inserting ``paragraph
(19) or (20) of section 306(a)''.
SEC. 305. COMMUNITY FACILITIES GRANT PROGRAM FOR RURAL COMMUNITIES WITH
HIGH LEVELS OF OUT-MIGRATION OR LOSS OF POPULATION.
(a) In General.--Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) (as amended by section 304(a)) is
amended by adding at the end the following:
``(21) Community facilities grant program for rural communities
with high levels of out-migration or loss of population.--
``(A) Grant authority.--The Secretary may make grants to
associations, units of general local government, nonprofit
corporations, and Indian tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)) in a State to provide the Federal share of the
cost of developing specific essential community facilities in
any geographic area--
``(i) that is represented by--
``(I) any political subdivision of a State;
``(II) an Indian tribe on a Federal or State
reservation; or
``(III) other federally recognized Indian tribal
group;
``(ii) that is located in a rural area (as defined in
section 381A);
``(iii) with respect to which, during the most recent
5-year period, the net out-migration of inhabitants, or
other population loss, from the area equals or exceeds 5
percent of the population of the area; and
``(iv) that has a median household income that is less
than the nonmetropolitan median household income of the
United States.
``(B) Federal share.--Paragraph (19)(B) shall apply to a
grant made under this paragraph.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this paragraph
$50,000,000 for fiscal year 2001 and such sums as are necessary
for each subsequent fiscal year, of which not more than 5
percent of the amount made available for a fiscal year shall be
available for community planning and implementation.''.
(b) Conforming Amendment.--Section 381E(d)(1)(B) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009d(d)(1)(B))
(as amended by section 304(b)) is amended by striking ``paragraph (19)
or (20)'' and inserting ``paragraph (19), (20), or (21)''.
SEC. 306. STATE AGRICULTURAL MEDIATION PROGRAMS.
(a) Eligible Person; Mediation Services.--Section 501 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended--
(1) in subsection (c), by striking paragraphs (1) and (2) and
inserting the following:
``(1) Issues covered.--
``(A) In general.--To be certified as a qualifying State,
the mediation program of the State must provide mediation
services to persons described in paragraph (2) that are
involved in agricultural loans (regardless of whether the loans
are made or guaranteed by the Secretary or made by a third
party).
``(B) Other issues.--The mediation program of a qualifying
State may provide mediation services to persons described in
paragraph (2) that are involved in one or more of the following
issues under the jurisdiction of the Department of Agriculture:
``(i) Wetlands determinations.
``(ii) Compliance with farm programs, including
conservation programs.
``(iii) Agricultural credit.
``(iv) Rural water loan programs.
``(v) Grazing on National Forest System land.
``(vi) Pesticides.
``(vii) Such other issues as the Secretary considers
appropriate.
``(2) Persons eligible for mediation.--
``(A) In general.--Subject to subparagraph (B), the persons
referred to in paragraph (1) include--
``(i) agricultural producers;
``(ii) creditors of producers (as applicable); and
``(iii) persons directly affected by actions of the
Department of Agriculture.
``(B) Voluntary participation.--
``(i) In general.--Subject to clause (ii) and section
503, a person may not be compelled to participate in
mediation services provided under this Act.
``(ii) State laws.--Clause (i) shall not affect a State
law requiring mediation before foreclosure on agricultural
land or property.''; and
(2) by adding at the end the following:
``(d) Definition of Mediation Services.--In this section, the term
`mediation services', with respect to mediation or a request for
mediation, may include all activities related to--
``(1) the intake and scheduling of cases;
``(2) the provision of background and selected information
regarding the mediation process;
``(3) financial advisory and counseling services (as
appropriate) performed by a person other than a State mediation
program mediator; and
``(4) the mediation session.''.
(b) Use of Mediation Grants.--Section 502(c) of the Agricultural
Credit Act of 1987 (7 U.S.C. 5102(c)) is amended--
(1) by striking ``Each'' and inserting the following:
``(1) In general.--Each''; and
(2) by adding at the end the following:
``(2) Operation and administration expenses.--For purposes of
paragraph (1), operation and administration expenses for which a
grant may be used include--
``(A) salaries;
``(B) reasonable fees and costs of mediators;
``(C) office rent and expenses, such as utilities and
equipment rental;
``(D) office supplies;
``(E) administrative costs, such as workers' compensation,
liability insurance, the employer's share of Social Security,
and necessary travel;
``(F) education and training;
``(G) security systems necessary to ensure the
confidentiality of mediation sessions and records of mediation
sessions;
``(H) costs associated with publicity and promotion of the
mediation program;
``(I) preparation of the parties for mediation; and
``(J) financial advisory and counseling services for
parties requesting mediation.''.
(c) Authorization of Appropriations.--Section 506 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by striking
``2000'' and inserting ``2005''.
SEC. 307. ADJUSTMENTS TO NUTRITION PROGRAMS.
(a) Payment of Costs Associated With Removal of Commodities That
Pose a Health or Safety Risk.--Section 15(e) of the Commodity
Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note;
Public Law 100-237) is amended by striking ``2000'' and inserting
``2003''.
(b) Special Supplemental Nutrition Program for Women, Infants, and
Children.--
(1) Cost-of-living allowances for members of uniformed
services.--Section 17(d)(2)(B)(ii) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(d)(2)(B)(ii)) is amended by striking
``continental'' and inserting ``contiguous States of the''.
(2) Demonstration project.--Effective October 1, 2000, section
17(r)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(r)(1))
is amended by striking ``at least 20 local agencies'' and inserting
``not more than 20 local agencies''.
(c) Child and Adult Care Food Program.--
(1) Technical amendments.--Section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766) is amended--
(A) by striking the section heading and all that follows
through ``Sec. 17.'' and inserting the following:
``SEC. 17. CHILD AND ADULT CARE FOOD PROGRAM.'';
and
(B) in subsection (a)(6)(C)(ii), by striking ``and'' at the
end.
(2) Exceptions to hearing requirements.--Section 17(d)(5)(D) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(d)(5)(D)) is amended--
(A) by striking ``(D) Hearing.--An institution'' and
inserting the following:
``(D) Hearing.--
``(i) In general.--Except as provided in clause (ii),
an institution''; and
(B) by adding at the end the following:
``(ii) Exception for false or fraudulent claims.--
``(I) In general.--If a State agency determines
that an institution has knowingly submitted a false or
fraudulent claim for reimbursement, the State agency
may suspend the participation of the institution in the
program in accordance with this clause.
``(II) Requirement for review.--Prior to any
determination to suspend participation of an
institution under subclause (I), the State agency shall
provide for an independent review of the proposed
suspension in accordance with subclause (III).
``(III) Review procedure.--The review shall--
``(aa) be conducted by an independent and
impartial official other than, and not accountable
to, any person involved in the determination to
suspend the institution;
``(bb) provide the State agency and the
institution the right to submit written
documentation relating to the suspension, including
State agency documentation of the alleged false or
fraudulent claim for reimbursement and the response
of the institution to the documentation;
``(cc) require the reviewing official to
determine, based on the review, whether the State
agency has established, based on a preponderance of
the evidence, that the institution has knowingly
submitted a false or fraudulent claim for
reimbursement;
``(dd) require the suspension to be in effect
for not more than 120 calendar days after the
institution has received notification of a
determination of suspension in accordance with this
clause; and
``(ee) require the State agency during the
suspension to ensure that payments continue to be
made to sponsored centers and family and group day
care homes meeting the requirements of the program.
``(IV) Hearing.--A State agency shall provide an
institution that has been suspended from participation
in the program under this clause an opportunity for a
fair hearing on the suspension conducted in accordance
with subsection (e)(1).''.
(3) Statewide demonstration projects involving private for-
profit organizations providing nonresidential day care services.--
Section 17(p)(3)(C) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(p)(3)(C)) is amended--
(A) in clause (iii), by striking ``all families'' and
inserting ``all low-income families''; and
(B) in clause (iv), by striking ``made'' and inserting
``reported for fiscal year 1998''.
SEC. 308. AUTHORIZATION FOR SECRETARY OF AGRICULTURE TO PURCHASE AND
TRANSFER LAND.
Subject to the availability of funds appropriated to the
Agricultural Research Service, the Secretary of Agriculture may--
(1) purchase a tract of land in the State of South Carolina
that is contiguous to land owned on the date of the enactment of
this Act by the Department of Agriculture, acting through the
Coastal Plains Soil, Water, and Plant Research Center of the
Agricultural Research Service; and
(2) transfer land owned by the Department of Agriculture to the
Florence Darlington Technical College, South Carolina, in exchange
for land owned by the College.
SEC. 309. EXTENSION OF TIME PERIOD FOR FILING CERTAIN COMPLAINTS
ALLEGING PREPARATION OF FALSE INSPECTION CERTIFICATES.
Notwithstanding section 6(a)(1) of the Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. 499f(a)(1)), a person that desires to
file a complaint under section 6 of that Act involving the allegation
of a false inspection certificate prepared by a grader of the
Department of Agriculture at Hunts Point Terminal Market, Bronx, New
York, prior to October 27, 1999, may file the complaint not later than
January 1, 2001.
SEC. 310. INTERNATIONAL FOOD RELIEF PARTNERSHIP.
(a) Assistance for Stockpiling and Rapid Transportation, Delivery,
and Distribution of Shelf-Stable Prepackaged Foods.--Title II of the
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1721 et seq.) is amended by adding at the end the following:
``SEC. 208. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-STABLE PREPACKAGED
FOODS.
``(a) In General.--The Administrator may provide grants to--
``(1) United States nonprofit organizations (described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of the Internal Revenue Code of 1986)
for the preparation of shelf-stable prepackaged foods requested by
eligible organizations and the establishment and maintenance of
stockpiles of the foods in the United States; and
``(2) private voluntary organizations and international
organizations for the rapid transportation, delivery, and
distribution of shelf-stable prepackaged foods described in
paragraph (1) to needy individuals in foreign countries.
``(b) Grants for Establishment of Stockpiles.--
``(1) In general.--Not more than 70 percent of the amount made
available to carry out this section shall be used to provide grants
under subsection (a)(1).
``(2) Priority.--In providing grants under subsection (a)(1),
the Administrator shall provide a preference to a United States
nonprofit organization that agrees to provide--
``(A) non-Federal funds in an amount equal to 50 percent of
the amount of funds received under a grant under subsection
(a)(1);
``(B) an in-kind contribution in an amount equal to that
percentage; or
``(C) a combination of such funds and an in-kind
contribution,
for the preparation of shelf-stable prepackaged foods and the
establishment and maintenance of stockpiles of the foods in the
United States in accordance with subsection (a)(1).
``(c) Grants for Rapid Transportation, Delivery, and
Distribution.--Not less than 20 percent of the amount made available to
carry out this section shall be used to provide grants under subsection
(a)(2).
``(d) Administration.--Not more than 10 percent of the amount made
available to carry out this section may be used by the Administrator
for the administration of grants under subsection (a).
``(e) Regulations or Guidelines.--Not later than 180 days after the
date of the enactment of this section, the Administrator, in
consultation with the Secretary, shall issue such regulations or
guidelines as the Administrator determines to be necessary to carry out
this section, including regulations or guidelines that provide to
United States nonprofit organizations eligible to receive grants under
subsection (a)(1) guidance with respect to the requirements for
qualified shelf-stable prepackaged foods and the quantity of the foods
to be stockpiled by the organizations.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section, in
addition to amounts otherwise available to carry out this section,
$3,000,000 for each of fiscal years 2001 and 2002, to remain available
until expended.''.
(b) Prepositioning of Commodities.--Section 407(c) of the
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1736a(c)) is amended by adding at the end the following:
``(4) Prepositioning.--Funds made available for fiscal years
2001 and 2002 to carry out titles II and III may be used by the
Administrator to procure, transport, and store agricultural
commodities for prepositioning within the United States and in
foreign countries, except that for each such fiscal year not more
than $2,000,000 of such funds may be used to store agricultural
commodities for prepositioning in foreign countries.''.
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.