[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2646 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2646
To provide for the continuation of agricultural programs through fiscal
year 2011.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2001
Mr. Combest (for himself and Mr. Stenholm) introduced the following
bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To provide for the continuation of agricultural programs through fiscal
year 2011.
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 ``Agricultural Act
of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMODITY PROGRAMS
Sec. 100. Definitions.
Subtitle A--Fixed Decoupled Payments and Counter-Cyclical Payments
Sec. 101. Payments to eligible producers.
Sec. 102. Establishment of payment yield.
Sec. 103. Establishment of base acres and payment acres for a farm.
Sec. 104. Availability of fixed, decoupled payments.
Sec. 105. Availability of counter-cyclical payments.
Sec. 106. Producer agreement required as condition on provision of
fixed, decoupled payments and counter-
cyclical payments.
Sec. 107. Planting flexibility.
Sec. 108. Relation to remaining payment authority under production
flexibility contracts.
Sec. 109. Payment limitations.
Sec. 110. Period of effectiveness.
Subtitle B--Marketing Assistance Loans and Loan Deficiency Payments
Sec. 121. Availability of nonrecourse marketing assistance loans for
covered commodities.
Sec. 122. Loan rates for nonrecourse marketing assistance loans.
Sec. 123. Term of loans.
Sec. 124. Repayment of loans.
Sec. 125. Loan deficiency payments.
Sec. 126. Payments in lieu of loan deficiency payments for grazed
acreage.
Sec. 127. Special marketing loan provisions for upland cotton.
Sec. 128. Special competitive provisions for extra long staple cotton.
Sec. 129. Availability of recourse loans for high moisture feed grains
and seed cotton and other fibers.
Sec. 130. Availability of nonrecourse marketing assistance loans for
wool and mohair.
Sec. 131. Availability of nonrecourse marketing assistance loans for
honey.
Subtitle C--Other Commodities
Chapter 1--Dairy
Sec. 141. Milk price support program.
Sec. 142. Repeal of recourse loan program for processors.
Sec. 143. Dairy export incentive program.
Sec. 144. Fluid milk promotion.
Sec. 145. Dairy product mandatory reporting.
Sec. 146. Funding of dairy promotion and research program.
Chapter 2--Sugar
Sec. 151. Sugar program.
Sec. 152. Reauthorize provisions of Agricultural Adjustment Act of 1938
regarding sugar.
Sec. 153. Storage facility loans.
Chapter 3--Peanuts
Sec. 161. Definitions.
Sec. 162. Establishment of payment yield, peanut acres, and payment
acres for a farm.
Sec. 163. Availability of fixed, decoupled payments for peanuts.
Sec. 164. Availability of counter-cyclical payments for peanuts.
Sec. 165. Producer agreement required as condition on provision of
fixed, decoupled payments and counter-
cyclical payments.
Sec. 166. Planting flexibility.
Sec. 167. Marketing assistance loans and loan deficiency payments for
peanuts.
Sec. 168. Quality improvement.
Sec. 169. Payment limitations.
Sec. 170. Termination of marketing quota programs for peanuts and
compensation to peanut quota holders for
loss of quota asset value.
Subtitle D--Administration
Sec. 181. Administration generally.
Sec. 182. Extension of suspension of permanent price support authority.
Sec. 183. Limitations.
Sec. 184. Adjustments of loans.
Sec. 185. Personal liability of producers for deficiencies.
Sec. 186. Extension of existing administrative authority regarding
loans.
Sec. 187. Assignment of payments.
TITLE II--CONSERVATION
Subtitle A--Definition
Sec. 201. Definition of agricultural commodity.
Subtitle B--Wetland Conservation Program
Sec. 211. Ineligibility for certain loans and payments.
Subtitle C--Environmental Conservation Acreage Reserve Program
Sec. 221. Elimination of general provisions.
Subtitle D--Conservation Reserve Program
Sec. 231. Reauthorization.
Sec. 232. Enrollment.
Sec. 233. Duties of owners and operators.
Sec. 234. Duties of the Secretary.
Sec. 235. Acceptance of contract offers.
Sec. 236. Contracts.
Subtitle E--Wetlands Reserve Program
Sec. 241. Enrollment.
Sec. 242. Easements and agreements.
Sec. 243. Duties of the Secretary.
Sec. 244. Payment limitation.
Sec. 245. Changes in ownership; agreement modification; termination.
Subtitle F--Environmental Quality Incentives Program
Sec. 251. Purposes.
Sec. 252. Definitions.
Sec. 253. Establishment and administration.
Sec. 254. Evaluation of offers and payments.
Sec. 255. Duties of producers.
Sec. 256. Environmental Quality Incentives Program plan.
Sec. 257. Duties of the Secretary.
Sec. 258. Limitation on payments.
Sec. 259. Groundwater conservation.
Subtitle G--Funding and Administration
Sec. 261. Reauthorization.
Sec. 262. Funding.
Sec. 263. Allocation for livestock production.
Sec. 264. Use of other agencies.
Sec. 265. Administration and technical assistance.
Subtitle H--Other Programs
Sec. 271. Wildlife Habitat Incentives Program.
Sec. 272. Farmland Protection Program.
Sec. 273. Resource Conservation and Development Program.
Sec. 274. Grassland Reserve Program.
Sec. 275. Farmland Stewardship Program.
Sec. 276. Small Watershed Rehabilitation Program.
Subtitle I--Availability of Funds
Sec. 281. Availability of funds appropriated pursuant to the Soil
Conservation and Domestic Allotment Act.
Subtitle K--Repeals
Sec. 291. Provisions of Food Security Act of 1985.
TITLE III--TRADE
Sec. 301. Market Access Program.
Sec. 302. Food for Progress.
Sec. 303. Export Enhancement Program.
Sec. 304. Foreign Market Development Cooperator Program.
Sec. 305. Export Credit Guarantee Program.
Sec. 306. PL 480.
Sec. 307. Emerging markets.
Sec. 308. Bill Emerson Humanitarian Trust.
Sec. 309. Technical assistance for specialty crops.
TITLE IV--NUTRITION PROGRAMS
Subtitle A--Food Stamp Program
Sec. 401. Simplified definition of income.
Sec. 402. Standard deduction.
Sec. 403. Transitional food stamps for families moving from welfare.
Sec. 404. Quality control systems.
Sec. 405. Simplified application and eligibility determination systems.
Sec. 406. Authorization of appropriations.
Subtitle B--Commodity Distribution
Sec. 441. Distribution of surplus commodities to special nutrition
projects.
Sec. 442. Commodity supplemental food program.
Sec. 443. Emergency food assistance.
Subtitle C--Miscellaneous Provisions
Sec. 461. Hunger fellowship program.
Sec. 462. General effective date.
TITLE V--CREDIT
Sec. 501. Eligibility of limited liability companies for farm ownership
loans, farm operating loans, and emergency
loans.
Sec. 502. Suspension of limitation on period for which borrowers are
eligible for guaranteed assistance.
Sec. 503. Administration of certified lenders and preferred certified
lenders programs.
Sec. 504. Simplified loan guarantee application available for loans of
greater amounts.
Sec. 505. Elimination of requirement that Secretary require county
committees to certify in writing that
certain loan reviews have been conducted.
Sec. 506. Authority to reduce percentage of loan guaranteed if borrower
income is insufficient to service debt.
Sec. 507. Timing of loan assessments.
Sec. 508. Making and servicing of loans by personnel of State, county,
or area committees.
Sec. 509. Eligibility of employees of State, county, or area committee
for loans and loan guarantees.
Sec. 510. Emergency loans in response to an economic emergency
resulting from sharply increasing energy
costs.
Sec. 511. Extension of authority to contract for servicing of farmer
program loans.
Sec. 512. Authorization for loans.
Sec. 513. Reservation of funds for direct operating loans for beginning
farmers and ranchers.
Sec. 514. Extension of Interest Rate Reduction Program.
Sec. 515. Increase in duration of loans under Down Payment Loan
Program.
Sec. 516. Horse breeder loans.
TITLE VI--RURAL DEVELOPMENT
Sec. 601. Funding for rural local television broadcast signal loan
guarantees.
Sec. 602. Value-added agricultural product market development grants.
Sec. 603. Agriculture innovation center demonstration program.
Sec. 604. Funding of community water assistance grant program.
Sec. 605. Loan guarantees for the financing of the purchase of
renewable energy systems.
Sec. 606. Loans and loan guarantees for renewable energy systems.
Sec. 607. Rural business opportunity grants.
Sec. 608. Grants for water systems for rural and native villages in
Alaska.
Sec. 609. Rural cooperative development grants.
Sec. 610. National reserve account of Rural Development Trust Fund.
Sec. 611. Rural venture capital demonstration program.
Sec. 612. Increase in limit on certain loans for rural development.
Sec. 613. Pilot program for development and implementation of strategic
regional development plans.
Sec. 614. Grants to nonprofit organizations to finance the
construction, refurbishing, and servicing
of individually-owned household water well
systems in rural areas for individuals with
low or moderate incomes.
Sec. 615. National Rural Development Partnership.
TITLE VII--RESEARCH AND RELATED MATTERS
Subtitle A--Extensions
Sec. 700. Market expansion research.
Sec. 701. National Rural Information Center Clearinghouse.
Sec. 702. Grants and fellowships for food and agricultural sciences
education.
Sec. 703. Policy research centers.
Sec. 704. Human nutrition intervention and health promotion research
program.
Sec. 705. Pilot research program to combine medical and agricultural
research.
Sec. 706. Nutrition education program.
Sec. 707. Continuing animal health and disease research programs.
Sec. 708. Appropriations for research on national or regional problems.
Sec. 709. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including
Tuskegee University.
Sec. 710. National research and training centennial centers at 1890
land-grant institutions.
Sec. 711. Hispanic-serving institutions.
Sec. 712. Competitive grants for international agricultural science and
education programs.
Sec. 713. University research.
Sec. 714. Extension service.
Sec. 715. Supplemental and alternative crops.
Sec. 716. Aquaculture research facilities.
Sec. 717. Rangeland research.
Sec. 718. National genetics resources program.
Sec. 719. High-priority research and extension initiatives.
Sec. 720. Nutrient management research and extension initiative.
Sec. 721. Agricultural telecommunications program.
Sec. 722. Alternative Agricultural Research And Commercialization
Revolving Fund.
Sec. 723. Assistive technology program for farmers with disabilities.
Sec. 724. Partnerships for high-value agricultural product quality
research.
Sec. 725. Biobased products.
Sec. 726. Integrated research, education, and extension competitive
grants program.
Sec. 727. Institutional capacity building grants.
Sec. 728. 1994 Institution research grants.
Sec. 729. Endowment for 1994 Institutions.
Sec. 730. Precision agriculture.
Sec. 731. Thomas Jefferson Initiative for Crop Diversification.
Sec. 732. Support for research regarding diseases of wheat, triticale,
and barley caused by Fusarium graminearum
or by Tilletia indica.
Sec. 733. Office of Pest Management policy.
Sec. 734. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 735. Grants for research on production and marketing of alcohols
and industrial hydrocarbons from
agricultural commodities and forest
products.
Sec. 736. Biomass research and development.
Sec. 737. Agricultural experiment stations research facilities.
Sec. 738. Competitive, Special, and Facilities Research Grants National
Research Initiative.
Sec. 739. Federal agricultural research facilities authorization of
appropriations.
Subtitle B--Modifications
Sec. 741. Equity in Educational Land-Grant Status Act of 1994.
Sec. 742. National Agricultural Research, Extension, and Teaching
Policy Act of 1977.
Sec. 743. Agricultural Research, Extension, and Education Reform Act of
1998.
Sec. 744. Food, Agriculture, Conservation, and Trade Act of 1990.
Sec. 745. National Agricultural Research, Extension, and Teaching
Policy Act of 1977.
Sec. 746. Biomass research and development.
Sec. 747. Biotechnology risk assessment research.
Sec. 748. Competitive, special, and facilities research grants.
Sec. 749. Matching funds requirement for research and extension
activities of 1890 Institutions.
Sec. 750. Initiative for future agriculture and food systems.
Sec. 751. Carbon cycle research.
Sec. 752. Definition of food and agricultural sciences.
Sec. 753. Federal extension service.
Subtitle C--Related Matters
Sec. 761. Resident instruction at land-grant colleges in United States
territories.
Sec. 762. Declaration of extraordinary emergency and resulting
authorities.
Subtitle D--Repeal of Certain Activities and Authorities
Sec. 771. Food Safety Research Information Office and National
Conference.
Sec. 772. Reimbursement of expenses under Sheep Promotion, Research,
and Information Act of 1994.
Sec. 773. National genetic resources program.
Sec. 774. National Advisory Board on Agricultural Weather.
Sec. 775. Agricultural information exchange with Ireland.
Sec. 776. Pesticide resistance study.
Sec. 777. Expansion of education study.
Sec. 778. Support for Advisory Board.
Sec. 779. Task force on 10-year strategic plan for agricultural
research facilities.
Subtitle E--Agriculture Facility Protection
Sec. 790. Additional protections for animal or agricultural
enterprises, research facilities, and other
entities.
TITLE VIII--FORESTRY INITIATIVES
Sec. 801. Repeal of forestry incentives program and stewardship
incentive program.
Sec. 802. Establishment of forest land enhancement program.
Sec. 803. Renewable resources extension activities.
Sec. 804. Enhanced community fire protection.
Sec. 805. International forestry program.
Sec. 806. Long-term forest stewardship contracts for hazardous fuels
removal and implementation of National Fire
Plan.
Sec. 807. McIntire-Stennis cooperative forestry research program.
TITLE IX--MISCELLANEOUS PROVISIONS
Subtitle A--Tree Assistance Program
Sec. 901. Eligibility.
Sec. 902. Assistance.
Sec. 903. Limitation on assistance.
Sec. 904. Definitions.
Sec. 905. Duplicative payments.
Subtitle B--Other Matters
Sec. 911. Hazardous fuel reduction grants to prevent wildfire disasters
and transform hazardous fuels to electric
energy, useful heat, or transportation
fuels.
Sec. 912. Bioenergy program.
Sec. 913. Availability of section 32 funds.
Sec. 914. Seniors farmers' market nutrition program.
Sec. 915. Federal marketing order for cane berries.
TITLE I--COMMODITY PROGRAMS
SEC. 100. DEFINITIONS.
In this title (other than chapter 3 of subtitle C):
(1) Agricultural act of 1949.--The term ``Agricultural Act
of 1949'' means the Agricultural Act of 1949 (7 U.S.C. 1421 et
seq.), as in effect prior to the suspensions under section 171
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7301).
(2) Base acres.--The term ``base acres'', with respect to a
covered commodity on a farm, means the number of acres
established under section 103 with respect to the commodity upon the
election made by the producers on the farm under subsection (a) of such
section.
(3) Counter-cyclical payment.--The term ``counter-cyclical
payment'' means a payment made to producers under section 105.
(4) Covered commodity.--The term ``covered commodity''
means wheat, corn, grain sorghum, barley, oats, upland cotton,
rice, soybeans, and other oilseeds.
(5) Effective price.--The term ``effective price'', with
respect to a covered commodity for a crop year, means the price
calculated by the Secretary under section 105 to determine
whether counter-cyclical payments are required to be made for
that crop year.
(6) Eligible producer.--The term ``eligible producer''
means a producer described in section 101(a).
(7) Fixed, decoupled payment.--The term ``fixed, decoupled
payment'' means a payment made to producers under section 104.
(8) Other oilseed.--The term ``other oilseed'' means a crop
of sunflower seed, rapeseed, canola, safflower, flaxseed,
mustard seed, or, if designated by the Secretary, another
oilseed.
(9) Payment acres.--The term ``payment acres'' means 85
percent of the base acres of a covered commodity on a farm, as
established under section 103, upon which fixed, decoupled
payments and counter-cyclical payments are to be made.
(10) Payment yield.--The term ``payment yield'' means the
yield established under section 102 for a farm for a covered
commodity.
(11) Producer.--The term ``producer'' means an owner,
operator, landlord, tenant, or sharecropper who shares in the
risk of producing a crop and who is entitled to share in the
crop available for marketing from the farm, or would have
shared had the crop been produced. In determining whether a
grower of hybrid seed is a producer, the Secretary shall not
take into consideration the existence of a hybrid seed contract
and shall ensure that program requirements do not adversely
affect the ability of the grower to receive a payment under
this title.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(13) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any other territory or
possession of the United States.
(14) Target price.--The term ``target price'' means the
price per bushel (or other appropriate unit in the case of
upland cotton, rice, and other oilseeds) of a covered commodity
used to determine the payment rate for counter-cyclical
payments.
(15) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
Subtitle A--Fixed Decoupled Payments and Counter-Cyclical Payments
SEC. 101. PAYMENTS TO ELIGIBLE PRODUCERS.
(a) Payments Required.--Beginning with the 2002 crop of covered
commodities, the Secretary shall make fixed decoupled payments and
counter-cyclical payments under this subtitle--
(1) to producers on a farm that were parties to a
production flexibility contract under section 111 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7211) for fiscal year 2002; and
(2) to other producers on farms in the United States as
described in section 103(a).
(b) Tenants and Sharecroppers.--In carrying out this title, the
Secretary shall provide adequate safeguards to protect the interests of
tenants and sharecroppers.
(c) Sharing of Payments.--The Secretary shall provide for the
sharing of fixed, decoupled payments and counter-cyclical payments
among the eligible producers on a farm on a fair and equitable basis.
SEC. 102. ESTABLISHMENT OF PAYMENT YIELD.
(a) Establishment and Purpose.--For the purpose of making fixed
decoupled payments and counter-cyclical payments under this subtitle,
the Secretary shall provide for the establishment of a payment yield
for each farm for each covered commodity in accordance with this
section.
(b) Use of Farm Program Payment Yield.--Except as otherwise
provided in this section, the payment yield for each of the 2002
through 2011 crops of a covered commodity for a farm shall be the farm
program payment yield in effect for the 2002 crop of the covered
commodity under section 505 of the Agricultural Act of 1949 (7 U.S.C.
1465).
(c) Farms Without Farm Program Payment Yield.--In the case of a
farm for which a farm program payment yield is unavailable for a
covered commodity (other than soybeans or other oilseeds), the
Secretary shall establish an appropriate payment yield for the covered
commodity on the farm taking in consideration the farm program payment
yields applicable to the commodity under subsection (b) for similar
farms in the area.
(d) Payment Yields for Oilseeds.--
(1) Average yield.--In the case of soybeans and each other
oilseed, the Secretary shall establish a payment yield for a
farm for the oilseed by first determining the average yield for
the oilseed on the farm for the 1998 through 2001 crop years,
excluding any crop year in which the yield was zero. If, for
any of these four crop years in which the oilseed was planted,
the farm would have satisfied the eligibility criteria
established to carry out section 1102 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1999 (Public Law 105-277; 7 U.S.C. 1421
note), the Secretary shall assign a yield for that year equal
to 65 percent of the county yield.
(2) Reduction.--The Secretary shall reduce the average
yield determined under paragraph (1) for the oilseed by a
percentage equal to the percentage increase in national average yields
for the oilseed between the following two periods:
(A) The 1981 through 1985 crops.
(B) The 1998 through 2001 crops.
SEC. 103. ESTABLISHMENT OF BASE ACRES AND PAYMENT ACRES FOR A FARM.
(a) Election by Producers of Base Acre Calculation Method.--For the
purpose of making fixed decoupled payments and counter-cyclical
payments with respect to a farm, the Secretary shall give producers on
the farm an opportunity to elect one of the following as the method by
which the base acres of all covered commodities on the farm are to be
determined:
(1) The four-year average of acreage actually planted on
the farm to a covered commodity for harvest, grazing, haying,
silage, or other similar purposes during crop years 1998, 1999,
2000, and 2001 and any acreage on the farm that the producers
were prevented from planting during such crop years to the
covered commodity because of drought, flood, or other natural
disaster, or other condition beyond the control of the
producer, as determined by the Secretary.
(2) The contract acreage (as defined in section 102 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7202)) used by the Secretary to calculate the fiscal
year 2002 payment that, subject to section 109, would be made
under section 114 of such Act (7 U.S.C. 7214) for the covered
commodity on the farm.
(b) Single Election; Time for Election.--The opportunity to make
the election described in subsection (a) shall be available to
producers on a farm only once. The producers shall notify the Secretary
of the election made by the producers under such subsection not later
than 180 days after the date of the enactment of this Act.
(c) Effect of Failure To Make Election.--If the producers on a farm
fail to make the election under subsection (a), or fail to timely
notify the Secretary of the selected option as required by subsection
(b), the producers shall be deemed to have made the election described
in subsection (a)(2) to determine base acres for all covered
commodities on the farm.
(d) Application of Election to All Covered Commodities.--The
election made under subsection (a) or deemed to be made under
subsection (c) with respect to a farm shall apply to all of the covered
commodities on the farm. Producers may not make the election described
in subsection (a)(1) for one covered commodity and the election
described in subsection (a)(2) for other covered commodities on the
farm.
(e) Treatment of Conservation Reserve Contract Acreage.--
(1) In general.--In the case of producers on a farm that
make the election described in subsection (a)(2), the Secretary
shall provide for an adjustment in the base acres for the farm
whenever either of the following circumstances occur:
(A) A conservation reserve contract entered into
under section 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) with respect to the farm expires or is
voluntarily terminated.
(B) Cropland is released from coverage under a
conservation reserve contract by the Secretary.
(2) Special payment rules.--For the fiscal year and crop
year in which a base acre adjustment under paragraph (1) is
first made, the producers on the farm shall elect to receive
either fixed decoupled payments and counter-cyclical payments
with respect to the acreage added to the farm under this
subsection or a prorated payment under the conservation reserve
contract, but not both.
(f) Payments Acres.--The payment acres for a covered commodity on a
farm shall be equal to 85 percent of the base acres for the commodity.
(g) Prevention of Excess Payment Acres.--
(1) Required reduction.--If the sum of the base acres for a
farm, together with the acreage described in paragraph (2),
exceeds the actual cropland acreage of the farm, the Secretary
shall make such reductions in the quantity of base acres for
the farm as may be necessary so that the sum of the base acres
and acreage described in paragraph (2) does not exceed the
actual cropland acreage of the farm.
(2) Other acreage.--For purposes of paragraph (1), the
Secretary shall include the following:
(A) Any peanut acreage for the farm under chapter 3
of subtitle C.
(B) Any acreage on the farm enrolled in the
conservation reserve program or wetlands reserve
program under chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3830 et seq.).
(C) Any other acreage on the farm enrolled in a
conservation program for which payments are made in
exchange for not producing an agricultural commodity on
the acreage.
SEC. 104. AVAILABILITY OF FIXED, DECOUPLED PAYMENTS.
(a) Payment Required.--For each of the 2002 through 2011 crop years
of each covered commodity, the Secretary shall make fixed, decoupled
payments to eligible producers.
(b) Payment Rate.--The payment rates used to make fixed, decoupled
payments with respect to covered commodities for a crop year are as
follows:
(1) Wheat, $0.53 per bushel.
(2) Corn, $0.30 per bushel.
(3) Grain sorghum, $0.36 per bushel.
(4) Barley, $0.25 per bushel.
(5) Oats, $0.025 per bushel.
(6) Upland cotton, $0.0667 per pound.
(7) Rice, $2.35 per hundredweight.
(8) Soybeans, $0.42 per bushel.
(9) Other oilseeds, $0.0074 per pound.
(c) Payment Amount.--The amount of the fixed, decoupled payment to
be paid to the eligible producers on a farm for a covered commodity for
a crop year shall be equal to the product of the following:
(1) The payment rate specified in subsection (b).
(2) The payment acres of the covered commodity on the farm.
(3) The payment yield for the covered commodity for the
farm.
(d) Time for Payment.--
(1) General rule.--Fixed, decoupled payments shall be paid
not later than September 30 of each of fiscal years 2002
through 2011. In the case of the 2002 crop, payments may begin
to be made on or after December 1, 2001.
(2) Advance payments.--At the option of an eligible
producer, 50 percent of the fixed, decoupled payment for a
fiscal year shall be paid on a date selected by the producer.
The selected date shall be on or after December 1 of that
fiscal year, and the producer may change the selected date for
a subsequent fiscal year by providing advance notice to the
Secretary.
(3) Repayment of advance payments.--If a producer that
receives an advance fixed, decoupled payment for a fiscal year
ceases to be an eligible producer before the date the fixed,
decoupled payment would otherwise have been made by the
Secretary under paragraph (1), the producer shall be
responsible for repaying the Secretary the full amount of the
advance payment.
SEC. 105. AVAILABILITY OF COUNTER-CYCLICAL PAYMENTS.
(a) Payment Required.--The Secretary shall make counter-cyclical
payments with respect to a covered commodity whenever the Secretary
determines that the effective price for the commodity is less than the
target price for the commodity.
(b) Effective Price.--For purposes of subsection (a), the effective
price for a covered commodity is equal to the sum of the following:
(1) The higher of the following:
(A) The national average market price received by
producers during the 12-month marketing year for the
commodity, as determined by the Secretary.
(B) The national average loan rate for a marketing
assistance loan for the covered commodity in effect for
the same period under subtitle B.
(2) The payment rate in effect for the covered commodity
under section 104 for the purpose of making fixed, decoupled
payments with respect to the commodity.
(c) Target Price.--For purposes of subsection (a), the target
prices for covered commodities are as follows:
(1) Wheat, $4.04 per bushel.
(2) Corn, $2.78 per bushel.
(3) Grain sorghum, $2.64 per bushel.
(4) Barley, $2.39 per bushel.
(5) Oats, $1.47 per bushel.
(6) Upland cotton, $0.736 per pound.
(7) Rice, $10.82 per hundredweight.
(8) Soybeans, $5.86 per bushel.
(9) Other oilseeds, $0.1036 per pound.
(d) Payment Rate.--The payment rate used to make counter-cyclical
payments with respect to a covered commodity for a crop year shall be
equal to the difference between--
(1) the target price for the commodity; and
(2) the effective price determined under subsection (b) for
the commodity.
(e) Payment Amount.--The amount of the counter-cyclical payment to
be paid to the eligible producers on a farm for a covered commodity for
a crop year shall be equal to the product of the following:
(1) The payment rate specified in subsection (d).
(2) The payment acres of the covered commodity on the farm.
(3) The payment yield for the covered commodity for the
farm.
(f) Time for Payments.--
(1) General rule.--The Secretary shall make counter-
cyclical payments under this section for a crop of a covered
commodity as soon as possible after determining under
subsection (a) that such payments are required for that crop
year.
(2) Partial payment.--The Secretary may permit, and, if so
permitted, an eligible producer may elect to receive, up to 50
percent of the projected counter-cyclical payment, as
determined by the Secretary, to be made under this section for
a crop of a covered commodity upon completion of the first six
months of the marketing year for that crop. The producer shall
repay to the Secretary the amount, if any, by which the partial
payment exceeds the actual counter-cyclical payment to be made
for that marketing year.
(g) Special Rule for Currently Undesignated Oilseed.--If the
Secretary uses the authority under section 100(8) to designate another
oilseed as an oilseed for which counter-cyclical payments may be made,
the Secretary may modify the target price specified in subsection
(c)(9) that would otherwise apply to that oilseed as the Secretary
considers appropriate.
SEC. 106. PRODUCER AGREEMENT REQUIRED AS CONDITION ON PROVISION OF
FIXED, DECOUPLED PAYMENTS AND COUNTER-CYCLICAL PAYMENTS.
(a) Compliance With Certain Requirements.--
(1) Requirements.--Before the producers on a farm may
receive fixed, decoupled payments or counter-cyclical payments
with respect to the farm, the producers shall agree, in
exchange for the payments--
(A) to comply with applicable conservation
requirements under subtitle B of title XII of the Food
Security Act of 1985 (16 U.S.C. 3811 et seq.);
(B) to comply with applicable wetland protection
requirements under subtitle C of title XII of the Act
(16 U.S.C. 3821 et seq.);
(C) to comply with the planting flexibility
requirements of section 107; and
(D) to use the land on the farm, in an amount equal
to the base acres, for an agricultural or conserving
use, and not for a nonagricultural commercial or
industrial use, as determined by the Secretary.
(2) Compliance.--The Secretary may issue such rules as the
Secretary considers necessary to ensure producer compliance
with the requirements of paragraph (1).
(b) Effect of Foreclosure.--A producer may not be required to make
repayments to the Secretary of fixed, decoupled payments and counter-
cyclical payments if the farm has been foreclosed on and the Secretary
determines that forgiving the repayments is appropriate to provide fair
and equitable treatment. This subsection shall not void the
responsibilities of the producer under subsection (a) if the producer
continues or resumes operation, or control, of the farm. On the
resumption of operation or control over the farm by the producer, the
requirements of subsection (a) in effect on the date of the foreclosure
shall apply.
(c) Transfer or Change of Interest in Farm.--
(1) Termination.--Except as provided in paragraph (4), a
transfer of (or change in) the interest of a producer in base
acres for which fixed, decoupled payments or counter-cyclical
payments are made shall result in the termination of the
payments with respect to the base acres, unless the transferee
or owner of the acreage agrees to assume all obligations under
subsection (a). The termination shall be effective on the date
of the transfer or change.
(2) Transfer of payment base.--There is no restriction on
the transfer of a farm's base acres or payment yield as part of
a change in the producers on the farm.
(3) Modification.--At the request of the transferee or
owner, the Secretary may modify the requirements of subsection
(a) if the modifications are consistent with the objectives of
such subsection, as determined by the Secretary.
(4) Exception.--If a producer entitled to a fixed,
decoupled payment or counter-cyclical payment dies, becomes
incompetent, or is otherwise unable to receive the payment, the
Secretary shall make the payment, in accordance with
regulations prescribed by the Secretary.
(d) Acreage Reports.--
(1) In general.--As a condition on the receipt of any
benefits under this subtitle or subtitle B, the Secretary shall
require producers to submit to the Secretary acreage reports.
(2) Conforming Amendment.--Section 15 of the Agricultural
Marketing Act (12 U.S.C. 1141j) is amended by striking
subsection (d).
(e) Review.--A determination of the Secretary under this section
shall be considered to be an adverse decision for purposes of the
availability of administrative review of the determination.
SEC. 107. PLANTING FLEXIBILITY.
(a) Permitted Crops.--Subject to subsection (b), any commodity or
crop may be planted on base acres on a farm.
(b) Limitations and Exceptions Regarding Fruits and Vegetables.--
(1) Limitations.--The planting of fruits and vegetables
(other than lentils, mung beans, and dry peas) shall be
prohibited on base acres.
(2) Exceptions.--Paragraph (1) shall not limit the planting
of a fruit or vegetable--
(A) in any region in which there is a history of
double-cropping of covered commodities with fruits or
vegetables, as determined by the Secretary, in which
case the double-cropping shall be permitted;
(B) on a farm that the Secretary determines has a
history of planting fruits or vegetables on base acres,
except that fixed, decoupled payments and counter-
cyclical payments shall be reduced by an acre for each
acre planted to the fruit or vegetable; or
(C) by a producer who the Secretary determines has
an established planting history of a specific fruit or
vegetable, except that--
(i) the quantity planted may not exceed the
producer's average annual planting history of
the fruit or vegetable in the 1991 through 1995
crop years (excluding any crop year in which no
plantings were made), as determined by the
Secretary; and
(ii) fixed, decoupled payments and counter-
cyclical payments shall be reduced by an acre
for each acre planted to the fruit or
vegetable.
SEC. 108. RELATION TO REMAINING PAYMENT AUTHORITY UNDER PRODUCTION
FLEXIBILITY CONTRACTS.
(a) Termination of Superseded Payment Authority.--Notwithstanding
section 113(a)(7) of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7213(a)(7)) or any other provision of law, the
Secretary shall not make payments for fiscal year 2002 after the date
of the enactment of this Act under production flexibility contracts
entered into under section 111 of such Act (7 U.S.C. 7211).
(b) Contract Payments Made Before Enactment.--If, on or before the
date of the enactment of this Act, a producer receives all or any
portion of the payment authorized for fiscal year 2002 under a
production flexibility contract, the Secretary shall reduce the amount
of the fixed, decoupled payment otherwise due the producer for that
same fiscal year by the amount of the fiscal year 2002 payment
previously received by the producer.
SEC. 109. PAYMENT LIMITATIONS.
Sections 1001 through 1001C of the Food Security Act of 1985 (7
U.S.C. 1308 through 1308-3) shall apply to fixed, decoupled payments
and counter-cyclical payments. A producer eligible to receive a fixed,
decoupled payment or counter-cyclical payment satisfies the
requirements of section 1001A(b) of such Act.
SEC. 110. PERIOD OF EFFECTIVENESS.
This subtitle shall be effective beginning with the 2002 crop year
of each covered commodity through the 2011 crop year.
Subtitle B--Marketing Assistance Loans and Loan Deficiency Payments
SEC. 121. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR
COVERED COMMODITIES.
(a) Nonrecourse Loans Available.--
(1) Availability.--For each of the 2002 through 2011 crops
of each covered commodity, the Secretary shall make available
to producers on a farm nonrecourse marketing assistance loans
for covered commodities produced on the farm. The loans shall
be made under terms and conditions that are prescribed by the
Secretary and at the loan rate established under section 122
for the covered commodity.
(2) Inclusion of extra long staple cotton.--In this
subtitle, the term ``covered commodity'' includes extra long
staple cotton.
(b) Eligible Production.--Any production of a covered commodity on
a farm shall be eligible for a marketing assistance loan under
subsection (a).
(c) Treatment of Certain Commingled Commodities.--In carrying out
this subtitle, the Secretary shall make loans to a producer that is
otherwise eligible to obtain a marketing assistance loan, but for the
fact the covered commodity owned by the producer is commingled with
covered commodities of other producers in facilities unlicensed for the
storage of agricultural commodities by the Secretary or a State
licensing authority, if the producer obtaining the loan agrees to
immediately redeem the loan collateral in accordance with section 166
of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7286).
(d) Compliance With Conservation and Wetlands Requirements.--As a
condition of the receipt of a marketing assistance loan under
subsection (a), the producer shall comply with applicable conservation
requirements under subtitle B of title XII of the Food Security Act of
1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection
requirements under subtitle C of title XII of the Act (16 U.S.C. 3821
et seq.) during the term of the loan.
(e) Definition of Extra Long Staple Cotton.--In this subtitle, the
term ``extra long staple cotton'' means cotton that--
(1) is produced from pure strain varieties of the
Barbadense species or any hybrid thereof, or other similar
types of extra long staple cotton, designated by the Secretary,
having characteristics needed for various end uses for which
United States upland cotton is not suitable and grown in irrigated
cotton-growing regions of the United States designated by the Secretary
or other areas designated by the Secretary as suitable for the
production of the varieties or types; and
(2) is ginned on a roller-type gin or, if authorized by the
Secretary, ginned on another type gin for experimental
purposes.
(e) Termination of Superseded Loan Authority.--Notwithstanding
section 131 of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7231), nonrecourse marketing assistance loans shall not
be made for the 2002 crop of covered commodities under subtitle C of
title I of such Act.
SEC. 122. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE LOANS.
(a) Wheat.--
(1) Loan rate.--Subject to paragraph (2), the loan rate for
a marketing assistance loan under section 121 for wheat shall
be--
(A) not less than 85 percent of the simple average
price received by producers of wheat, as determined by
the Secretary, during the marketing years for the
immediately preceding five crops of wheat, excluding
the year in which the average price was the highest and
the year in which the average price was the lowest in
the period; but
(B) not more than $2.58 per bushel.
(2) Stocks to use ratio adjustment.--If the Secretary
estimates for any marketing year that the ratio of ending
stocks of wheat to total use for the marketing year will be--
(A) equal to or greater than 30 percent, the
Secretary may reduce the loan rate for wheat for the
corresponding crop by an amount not to exceed 10
percent in any year;
(B) less than 30 percent but not less than 15
percent, the Secretary may reduce the loan rate for
wheat for the corresponding crop by an amount not to
exceed 5 percent in any year; or
(C) less than 15 percent, the Secretary may not
reduce the loan rate for wheat for the corresponding
crop.
(b) Feed Grains.--
(1) Loan rate for corn and grain sorghum.--Subject to
paragraph (2), the loan rate for a marketing assistance loan
under section 121 for corn and grain sorghum shall be--
(A) not less than 85 percent of the simple average
price received by producers of corn or grain sorghum,
respectively, as determined by the Secretary, during
the marketing years for the immediately preceding five
crops of the covered commodity, excluding the year in
which the average price was the highest and the year in
which the average price was the lowest in the period;
but
(B) not more than $1.89 per bushel.
(2) Stocks to use ratio adjustment.--If the Secretary
estimates for any marketing year that the ratio of ending
stocks of corn or grain sorghum to total use for the marketing
year will be--
(A) equal to or greater than 25 percent, the
Secretary may reduce the loan rate for the covered
commodity for the corresponding crop by an amount not
to exceed 10 percent in any year;
(B) less than 25 percent but not less than 12.5
percent, the Secretary may reduce the loan rate for the
covered commodity for the corresponding crop by an
amount not to exceed 5 percent in any year; or
(C) less than 12.5 percent, the Secretary may not
reduce the loan rate for the covered commodity for the
corresponding crop.
(3) Other feed grains.--The loan rate for a marketing
assistance loan under section 121 for barley and oats shall
be--
(A) established at such level as the Secretary
determines is fair and reasonable in relation to the
rate that loans are made available for corn, taking
into consideration the feeding value of the commodity
in relation to corn, but
(B) not more than--
(i) $1.65 per bushel for barley; and
(ii) $1.21 per bushel for oats.
(c) Upland Cotton.--
(1) Loan rate.--Subject to paragraph (2), the loan rate for
a marketing assistance loan under section 121 for upland cotton
shall be established by the Secretary at such loan rate, per
pound, as will reflect for the base quality of upland cotton,
as determined by the Secretary, at average locations in the
United States a rate that is not less than the smaller of--
(A) 85 percent of the average price (weighted by
market and month) of the base quality of cotton as
quoted in the designated United States spot markets
during three years of the five-year period ending July
31 of the year preceding the year in which the crop is
planted, excluding the year in which the average price
was the highest and the year in which the average price
was the lowest in the period; or
(B) 90 percent of the average, for the 15-week
period beginning July 1 of the year preceding the year
in which the crop is planted, of the five lowest-priced
growths of the growths quoted for Middling 1\3/32\-inch
cotton C.I.F. Northern Europe (adjusted downward by the
average difference during the period April 15 through
October 15 of the year preceding the year in which the
crop is planted between the average Northern European
price quotation of such quality of cotton and the
market quotations in the designated United States spot
markets for the base quality of upland cotton), as
determined by the Secretary.
(2) Limitations.--The loan rate for a marketing assistance
loan for upland cotton shall not be less than $0.50 per pound
or more than $0.5192 per pound.
(d) Extra Long Staple Cotton.--The loan rate for a marketing
assistance loan under section 121 for extra long staple cotton shall
be--
(1) not less than 85 percent of the simple average price
received by producers of extra long staple cotton, as
determined by the Secretary, during three years of the five-
year period ending July 31 of the year preceding the year in
which the crop is planted, excluding the year in which the
average price was the highest and the year in which the average
price was the lowest in the period; but
(2) not more than $0.7965 per pound.
(e) Rice.--The loan rate for a marketing assistance loan under
section 121 for rice shall be $6.50 per hundredweight.
(f) Oilseeds.--
(1) Soybeans.--The loan rate for a marketing assistance
loan under section 121 for soybeans shall be--
(A) not less than 85 percent of the simple average
price received by producers of soybeans, as determined
by the Secretary, during the marketing years for the
immediately preceding five crops of soybeans, excluding
the year in which the average price was the highest and
the year in which the average price was the lowest in
the period; but
(B) not more than $4.92 per bushel.
(2) Other oilseeds.--The loan rate for a marketing
assistance loan under section 121 for other oilseeds shall be--
(A) not less than 85 percent of the simple average
price received by producers of the other oilseed, as
determined by the Secretary, during the marketing years
for the immediately preceding five crops of the other
oilseed, excluding the year in which the average price
was the highest and the year in which the average price
was the lowest in the period; but
(B) not more than $0.087 per pound.
SEC. 123. TERM OF LOANS.
(a) Term of Loan.--In the case of each covered commodity (other
than upland cotton or extra long staple cotton), a marketing assistance
loan under section 121 shall have a term of nine months beginning on
the first day of the first month after the month in which the loan is
made.
(b) Special Rule for Cotton.--A marketing assistance loan for
upland cotton or extra long staple cotton shall have a term of 10
months beginning on the first day of the month in which the loan is
made.
(c) Extensions Prohibited.--The Secretary may not extend the term
of a marketing assistance loan for any covered commodity.
SEC. 124. REPAYMENT OF LOANS.
(a) Repayment Rates for Wheat, Feed Grains, and Oilseeds.--The
Secretary shall permit a producer to repay a marketing assistance loan
under section 121 for wheat, corn, grain sorghum, barley, oats, and
oilseeds at a rate that is the lesser of--
(1) the loan rate established for the commodity under
section 122, plus interest (as determined by the Secretary); or
(2) a rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the
commodity by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing the commodity; and
(D) allow the commodity produced in the United
States to be marketed freely and competitively, both
domestically and internationally.
(b) Repayment Rates for Upland Cotton and Rice.--The Secretary
shall permit producers to repay a marketing assistance loan under
section 121 for upland cotton and rice at a rate that is the lesser
of--
(1) the loan rate established for the commodity under
section 122, plus interest (as determined by the Secretary); or
(2) the prevailing world market price for the commodity
(adjusted to United States quality and location), as determined
by the Secretary.
(c) Repayment Rates for Extra Long Staple Cotton.--Repayment of a
marketing assistance loan for extra long staple cotton shall be at the
loan rate established for the commodity under section 122, plus
interest (as determined by the Secretary).
(d) Prevailing World Market Price.--For purposes of this section
and section 127, the Secretary shall prescribe by regulation--
(1) a formula to determine the prevailing world market
price for each covered commodity, adjusted to United States
quality and location; and
(2) a mechanism by which the Secretary shall announce
periodically the prevailing world market price for each covered
commodity.
(e) Adjustment of Prevailing World Market Price for Upland
Cotton.--
(1) In general.--During the period beginning on the date of
the enactment of this Act and ending July 31, 2012, the
prevailing world market price for upland cotton (adjusted to
United States quality and location) established under
subsection (d) shall be further adjusted if--
(A) the adjusted prevailing world market price is
less than 115 percent of the loan rate for upland
cotton established under section 122, as determined by
the Secretary; and
(B) the Friday through Thursday average price
quotation for the lowest-priced United States growth as
quoted for Middling (M) 1\3/32\-inch cotton delivered
C.I.F. Northern Europe is greater than the Friday
through Thursday average price of the 5 lowest-priced
growths of upland cotton, as quoted for Middling (M)
1\3/32\-inch cotton, delivered C.I.F. Northern Europe
(referred to in this section as the ``Northern Europe
price'').
(2) Further adjustment.--Except as provided in paragraph
(3), the adjusted prevailing world market price for upland
cotton shall be further adjusted on the basis of some or all of
the following data, as available:
(A) The United States share of world exports.
(B) The current level of cotton export sales and
cotton export shipments.
(C) Other data determined by the Secretary to be
relevant in establishing an accurate prevailing world
market price for upland cotton (adjusted to United
States quality and location).
(3) Limitation on further adjustment.--The adjustment under
paragraph (2) may not exceed the difference between--
(A) the Friday through Thursday average price for
the lowest-priced United States growth as quoted for
Middling 1\3/32\-inch cotton delivered C.I.F. Northern
Europe; and
(B) the Northern Europe price.
SEC. 125. LOAN DEFICIENCY PAYMENTS.
(a) Availability of Loan Deficiency Payments.--Except as provided
in subsection (d), the Secretary may make loan deficiency payments
available to producers who, although eligible to obtain a marketing
assistance loan under section 121 with respect to a covered commodity,
agree to forgo obtaining the loan for the commodity in return for
payments under this section.
(b) Computation.--A loan deficiency payment under this section
shall be computed by multiplying--
(1) the loan payment rate determined under subsection (c)
for the covered commodity; by
(2) the quantity of the covered commodity produced by the
eligible producers, excluding any quantity for which the
producers obtain a loan under section 121.
(c) Loan Payment Rate.--For purposes of this section, the loan
payment rate shall be the amount by which--
(1) the loan rate established under section 122 for the
covered commodity; exceeds
(2) the rate at which a loan for the commodity may be
repaid under section 124.
(d) Exception for Extra Long Staple Cotton.--This section shall not
apply with respect to extra long staple cotton.
(e) Time for Payment.--The Secretary shall make a payment under
this section to a producer with respect to a quantity of a covered
commodity as of the earlier of the following:
(1) The date on which the producer marketed or otherwise
lost beneficial interest in the commodity, as determined by the
Secretary.
(2) The date the producer requests the payment.
SEC. 126. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
(a) Eligible Producers.--Effective for the 2002 through 2011 crop
years, in the case of a producer that would be eligible for a loan
deficiency payment under section 125 for wheat, barley, or oats, but
that elects to use acreage planted to the wheat, barley, or oats for
the grazing of livestock, the Secretary shall make a payment to the
producer under this section if the producer enters into an agreement
with the Secretary to forgo any other harvesting of the wheat, barley,
or oats on that acreage.
(b) Payment Amount.--The amount of a payment made to a producer on
a farm under this section shall be equal to the amount determined by
multiplying--
(1) the loan deficiency payment rate determined under
section 125(c) in effect, as of the date of the agreement, for
the county in which the farm is located; by
(2) the payment quantity determined by multiplying--
(A) the quantity of the grazed acreage on the farm
with respect to which the producer elects to forgo
harvesting of wheat, barley, or oats; and
(B) the payment yield for that covered commodity on
the farm.
(c) Time, Manner, and Availability of Payment.--
(1) Time and manner.--A payment under this section shall be
made at the same time and in the same manner as loan deficiency
payments are made under section 125.
(2) Availability.--The Secretary shall establish an
availability period for the payment authorized by this section
that is consistent with the availability period for wheat,
barley, and oats established by the Secretary for marketing
assistance loans authorized by this subtitle.
(d) Prohibition on Crop Insurance or Noninsured Crop Assistance.--A
2002 through 2011 crop of wheat, barley, or oats planted on acreage
that a producer elects, in the agreement required by subsection (a), to
use for the grazing of livestock in lieu of any other harvesting of the
crop shall not be eligible for insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop assistance
under section 196 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333).
SEC. 127. SPECIAL MARKETING LOAN PROVISIONS FOR UPLAND COTTON.
(a) Cotton User Marketing Certificates.--
(1) Issuance.--During the period beginning on the date of
the enactment of this Act and ending July 31, 2012, the
Secretary shall issue marketing certificates or cash payments,
at the option of the recipient, to domestic users and exporters
for documented purchases by domestic users and sales for export
by exporters made in the week following a consecutive four-week
period in which--
(A) the Friday through Thursday average price
quotation for the lowest-priced United States growth,
as quoted for Middling (M) 1\3/32\-inch cotton,
delivered C.I.F. Northern Europe exceeds the Northern
Europe price by more than 1.25 cents per pound; and
(B) the prevailing world market price for upland
cotton (adjusted to United States quality and location)
does not exceed 134 percent of the loan rate for upland
cotton established under section 122.
(2) Value of certificates or payments.--The value of the
marketing certificates or cash payments shall be based on the
amount of the difference (reduced by 1.25 cents per pound) in
the prices during the fourth week of the consecutive four-week
period multiplied by the quantity of upland cotton included in
the documented sales.
(3) Administration of marketing certificates.--
(A) Redemption, marketing, or exchange.--The
Secretary shall establish procedures for redeeming
marketing certificates for cash or marketing or
exchange of the certificates for agricultural
commodities owned by the Commodity Credit Corporation
or pledged to the Commodity Credit Corporation as
collateral for a loan in such manner, and at such price
levels, as the Secretary determines will best
effectuate the purposes of cotton user marketing
certificates, including enhancing the competitiveness
and marketability of United States cotton. Any price
restrictions that would otherwise apply to the
disposition of agricultural commodities by the
Commodity Credit Corporation shall not apply to the
redemption of certificates under this subsection.
(B) Designation of commodities and products.--To
the extent practicable, the Secretary shall permit
owners of certificates to designate the commodities and
products, including storage sites, the owners would
prefer to receive in exchange for certificates.
(C) Transfers.--Marketing certificates issued to
domestic users and exporters of upland cotton may be
transferred to other persons in accordance with
regulations issued by the Secretary.
(b) Special Import Quota.--
(1) Establishment.--
(A) In general.--The President shall carry out an
import quota program during the period beginning on the
date of the enactment of this Act and ending July 31,
2012, as provided in this subsection.
(B) Program requirements.--Except as provided in
subparagraph (C), whenever the Secretary determines and
announces that for any consecutive four-week period,
the Friday through Thursday average price quotation for
the lowest-priced United States growth, as quoted for
Middling (M) 1\3/32\-inch cotton, delivered C.I.F.
Northern Europe, adjusted for the value of any
certificate issued under subsection (a), exceeds the
Northern Europe price by more than 1.25 cents per
pound, there shall immediately be in effect a special
import quota.
(C) Tight domestic supply.--During any month for
which the Secretary estimates the season-ending United
States upland cotton stocks-to-use ratio, as determined
under subparagraph (D), to be below 16 percent, the
Secretary, in making the determination under
subparagraph (B), shall not adjust the Friday through
Thursday average price quotation for the lowest-priced
United States growth, as quoted for Middling (M) 1\3/
32\-inch cotton, delivered C.I.F. Northern Europe, for
the value of any certificates issued under subsection
(a).
(D) Season-ending united states stocks-to-use
ratio.--For the purposes of making estimates under
subparagraph (C), the Secretary shall, on a monthly
basis, estimate and report the season-ending United
States upland cotton stocks-to-use ratio, excluding
projected raw cotton imports but including the quantity
of raw cotton that has been imported into the United
States during the marketing year.
(2) Quantity.--The quota shall be equal to one week's
consumption of upland cotton by domestic mills at the
seasonally adjusted average rate of the most recent three
months for which data are available.
(3) Application.--The quota shall apply to upland cotton
purchased not later than 90 days after the date of the
Secretary's announcement under paragraph (1) and entered into
the United States not later than 180 days after the date.
(4) Overlap.--A special quota period may be established
that overlaps any existing quota period if required by
paragraph (1), except that a special quota period may not be
established under this subsection if a quota period has been
established under subsection (c).
(5) Preferential tariff treatment.--The quantity under a
special import quota shall be considered to be an in-quota
quantity for purposes of--
(A) section 213(d) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(d));
(B) section 204 of the Andean Trade Preference Act
(19 U.S.C. 3203);
(C) section 503(d) of the Trade Act of 1974 (19
U.S.C. 2463(d)); and
(D) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(6) Definition.--In this subsection, the term ``special
import quota'' means a quantity of imports that is not subject
to the over-quota tariff rate of a tariff-rate quota.
(7) Limitation.--The quantity of cotton entered into the
United States during any marketing year under the special
import quota established under this subsection may not exceed
the equivalent of five week's consumption of upland cotton by
domestic mills at the seasonally adjusted average rate of the
three months immediately preceding the first special import
quota established in any marketing year.
(c) Limited Global Import Quota for Upland Cotton.--
(1) In general.--The President shall carry out an import
quota program that provides that whenever the Secretary
determines and announces that the average price of the base
quality of upland cotton, as determined by the Secretary, in
the designated spot markets for a month exceeded 130 percent of the
average price of such quality of cotton in the markets for the
preceding 36 months, notwithstanding any other provision of law, there
shall immediately be in effect a limited global import quota subject to
the following conditions:
(A) Quantity.--The quantity of the quota shall be
equal to 21 days of domestic mill consumption of upland
cotton at the seasonally adjusted average rate of the
most recent three months for which data are available.
(B) Quantity if prior quota.--If a quota has been
established under this subsection during the preceding
12 months, the quantity of the quota next established
under this subsection shall be the smaller of 21 days
of domestic mill consumption calculated under
subparagraph (A) or the quantity required to increase
the supply to 130 percent of the demand.
(C) Preferential tariff treatment.--The quantity
under a limited global import quota shall be considered
to be an in-quota quantity for purposes of--
(i) section 213(d) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade
Preference Act (19 U.S.C. 3203);
(iii) section 503(d) of the Trade Act of
1974 (19 U.S.C. 2463(d)); and
(iv) General Note 3(a)(iv) to the
Harmonized Tariff Schedule.
(D) Definitions.--In this subsection:
(i) Supply.--The term ``supply'' means,
using the latest official data of the Bureau of
the Census, the Department of Agriculture, and
the Department of the Treasury--
(I) the carry-over of upland cotton
at the beginning of the marketing year
(adjusted to 480-pound bales) in which
the quota is established;
(II) production of the current
crop; and
(III) imports to the latest date
available during the marketing year.
(ii) Demand.--The term ``demand'' means--
(I) the average seasonally adjusted
annual rate of domestic mill
consumption during the most recent
three months for which data are
available; and
(II) the larger of--
(aa) average exports of
upland cotton during the
preceding six marketing years;
or
(bb) cumulative exports of
upland cotton plus outstanding
export sales for the marketing
year in which the quota is
established.
(iii) Limited global import quota.--The
term ``limited global import quota'' means a
quantity of imports that is not subject to the
over-quota tariff rate of a tariff-rate quota.
(E) Quota entry period.--When a quota is
established under this subsection, cotton may be
entered under the quota during the 90-day period
beginning on the date the quota is established by the
Secretary.
(2) No overlap.--Notwithstanding paragraph (1), a quota
period may not be established that overlaps an existing quota
period or a special quota period established under subsection
(b).
SEC. 128. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STAPLE COTTON.
(a) Competitiveness Program.--Notwithstanding any other provision
of law, during the period beginning on the date of the enactment of
this Act and ending on July 31, 2012, the Secretary shall carry out a
program to maintain and expand the domestic use of extra long staple
cotton produced in the United States, to increase exports of extra long
staple cotton produced in the United States, and to ensure that extra
long staple cotton produced in the United States remains competitive in
world markets.
(b) Payments Under Program; Trigger.--Under the program, the
Secretary shall make payments available under this section whenever--
(1) for a consecutive four-week period, the world market
price for the lowest priced competing growth of extra long
staple cotton (adjusted to United States quality and location
and for other factors affecting the competitiveness of such
cotton), as determined by the Secretary, is below the
prevailing United States price for a competing growth of extra
long staple cotton; and
(2) the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as
determined by the Secretary, is less than 134 percent of the
loan rate for extra long staple cotton.
(c) Eligible Recipients.--The Secretary shall make payments
available under this section to domestic users of extra long staple
cotton produced in the United States and exporters of extra long staple
cotton produced in the United States who enter into an agreement with
the Commodity Credit Corporation to participate in the program under
this section.
(d) Payment Amount.--Payments under this section shall be based on
the amount of the difference in the prices referred to in subsection
(b)(1) during the fourth week of the consecutive four-week period
multiplied by the amount of documented purchases by domestic users and
sales for export by exporters made in the week following such a
consecutive four-week period.
(e) Form of Payment.--Payments under this section shall be made
through the issuance of cash or marketing certificates, at the option
of eligible recipients of the payments.
SEC. 129. AVAILABILITY OF RECOURSE LOANS FOR HIGH MOISTURE FEED GRAINS
AND SEED COTTON AND OTHER FIBERS.
(a) High Moisture Feed Grains.--
(1) Recourse loans available.--For each of the 2002 through
2011 crops of corn and grain sorghum, the Secretary shall make
available recourse loans, as determined by the Secretary, to
producers on a farm who--
(A) normally harvest all or a portion of their crop
of corn or grain sorghum in a high moisture state;
(B) present--
(i) certified scale tickets from an
inspected, certified commercial scale,
including a licensed warehouse, feedlot, feed
mill, distillery, or other similar entity
approved by the Secretary, pursuant to
regulations issued by the Secretary; or
(ii) field or other physical measurements
of the standing or stored crop in regions of
the United States, as determined by the
Secretary, that do not have certified
commercial scales from which certified scale
tickets may be obtained within reasonable
proximity of harvest operation;
(C) certify that they were the owners of the feed
grain at the time of delivery to, and that the quantity
to be placed under loan under this subsection was in
fact harvested on the farm and delivered to, a feedlot,
feed mill, or commercial or on-farm high-moisture
storage facility, or to a facility maintained by the
users of corn and grain sorghum in a high moisture
state; and
(D) comply with deadlines established by the
Secretary for harvesting the corn or grain sorghum and
submit applications for loans under this subsection
within deadlines established by the Secretary.
(2) Eligibility of acquired feed grains.--A loan under this
subsection shall be made on a quantity of corn or grain sorghum
of the same crop acquired by the producer equivalent to a
quantity determined by multiplying--
(A) the acreage of the corn or grain sorghum in a
high moisture state harvested on the producer's farm;
by
(B) the lower of the farm program payment yield or
the actual yield on a field, as determined by the
Secretary, that is similar to the field from which the
corn or grain sorghum was obtained.
(3) High moisture state defined.--In this subsection, the
term ``high moisture state'' means corn or grain sorghum having
a moisture content in excess of Commodity Credit Corporation
standards for marketing assistance loans made by the Secretary
under section 121.
(b) Recourse Loans Available for Seed Cotton.--For each of the 2002
through 2011 crops of upland cotton and extra long staple cotton, the
Secretary shall make available recourse seed cotton loans, as
determined by the Secretary, on any production.
(c) Repayment Rates.--Repayment of a recourse loan made under this
section shall be at the loan rate established for the commodity by the
Secretary, plus interest (as determined by the Secretary).
(d) Termination of Superseded Loan Authority.--Notwithstanding
section 137 of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7237), recourse loans shall not be made for the 2002
crop of corn, grain sorghum, and seed cotton under such section.
SEC. 130. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR
WOOL AND MOHAIR.
(a) Nonrecourse Loans Available.--During the 2002 through 2011
marketing years for wool and mohair, the Secretary shall make available
to producers on a farm nonrecourse marketing assistance loans for wool
and mohair produced on the farm during that marketing year.
(b) Loan Rate.--The loan rate for a loan under subsection (a) shall
be not more than--
(1) $1.00 per pound for graded wool;
(2) $0.40 per pound for nongraded wool; and
(3) $4.20 per pound for mohair.
(c) Term of Loan.--A loan under subsection (a) shall have a term of
one year beginning on the first day of the first month after the month
in which the loan is made.
(d) Repayment Rates.--The Secretary shall permit a producer to
repay a marketing assistance loan under subsection (a) for wool or
mohair at a rate that is the lesser of--
(1) the loan rate established for the commodity under
subsection (b), plus interest (as determined by the Secretary);
or
(2) a rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the
commodity by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing the commodity; and
(D) allow the commodity produced in the United
States to be marketed freely and competitively, both
domestically and internationally.
(e) Loan Deficiency Payments.--
(1) Availability.--The Secretary may make loan deficiency
payments available to producers that, although eligible to
obtain a marketing assistance loan under this section, agree to
forgo obtaining the loan in return for payments under this
section.
(2) Computation.--A loan deficiency payment under this
subsection shall be computed by multiplying--
(A) the loan payment rate in effect under paragraph
(3) for the commodity; by
(B) the quantity of the commodity produced by the
eligible producers, excluding any quantity for which
the producers obtain a loan under this subsection.
(3) Loan payment rate.--For purposes of this subsection,
the loan payment rate for wool or mohair shall be the amount by
which--
(A) the loan rate in effect for the commodity under
subsection (b); exceeds
(B) the rate at which a loan for the commodity may
be repaid under subsection (d).
(4) Time for payment.--The Secretary shall make a payment
under this subsection to a producer with respect to a quantity
of a wool or mohair as of the earlier of the following:
(A) The date on which the producer marketed or
otherwise lost beneficial interest in the wool or
mohair, as determined by the Secretary.
(B) The date the producer requests the payment.
(f) Limitations.--The marketing assistance loan gains and loan
deficiency payments that a person may receive for wool and mohair under
this section shall be subject to a separate payment limitation, but in
the same dollar amount, as the payment limitation that applies to
marketing assistance loans and loan deficiency payments received by
producers of other agricultural commodities in the same marketing year.
SEC. 131. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR
HONEY.
(a) Nonrecourse Loans Available.--During the 2002 through 2011 crop
years for honey, the Secretary shall make available to producers on a
farm nonrecourse marketing assistance loans for honey produced on the
farm during that crop year.
(b) Loan Rate.--The loan rate for a marketing assistance loan for
honey under subsection (a) shall be equal to $0.60 cents per pound.
(c) Term of Loan.--A marketing assistance loan under subsection (a)
shall have a term of one year beginning on the first day of the first
month after the month in which the loan is made.
(d) Repayment Rates.--The Secretary shall permit a producer to
repay a marketing assistance loan for honey under subsection (a) at a
rate that is the lesser of--
(1) the loan rate for honey, plus interest (as determined
by the Secretary); or
(2) the prevailing domestic market price for honey, as
determined by the Secretary.
(e) Loan Deficiency Payments.--
(1) Availability.--The Secretary may make loan deficiency
payments available to any producer of honey that, although
eligible to obtain a marketing assistance loan under subsection
(a), agrees to forgo obtaining the loan in return for a payment
under this subsection.
(2) Computation.--A loan deficiency payment under this
subsection shall be determined by multiplying--
(A) the loan payment rate determined under
paragraph (3); by
(B) the quantity of honey that the producer is
eligible to place under loan, but for which the
producer forgoes obtaining the loan in return for a
payment under this subsection.
(3) Loan payment rate.--For the purposes of this
subsection, the loan payment rate shall be the amount by
which--
(A) the loan rate established under subsection (b);
exceeds
(B) the rate at which a loan may be repaid under
subsection (d).
(4) Time for payment.--The Secretary shall make a payment
under this subsection to a producer with respect to a quantity
of a honey as of the earlier of the following:
(A) The date on which the producer marketed or
otherwise lost beneficial interest in the honey, as
determined by the Secretary.
(B) The date the producer requests the payment.
(f) Limitations.--The marketing assistance loan gains and loan
deficiency payments that a person may receive for a crop of honey under
this section shall be subject to a separate payment limitation, but in
the same dollar amount, as the payment limitation that applies to
marketing assistance loans and loan deficiency payments received by
producers of other agricultural commodities in the same crop year.
(g) Prevention of Forfeitures.--The Secretary shall carry out this
section in such a manner as to minimize forfeitures of honey marketing
assistance loans.
Subtitle C--Other Commodities
CHAPTER 1--DAIRY
SEC. 141. MILK PRICE SUPPORT PROGRAM.
(a) Support Activities.--During the period beginning on January 1,
2002, and ending on December 31, 2011, the Secretary of Agriculture
shall support the price of milk produced in the 48 contiguous States
through the purchase of cheese, butter, and nonfat dry milk produced
from the milk.
(b) Rate.--During the period specified in subsection (a), the price
of milk shall be supported at a rate equal to $9.90 per hundredweight
for milk containing 3.67 percent butterfat.
(c) Purchase Prices.--The support purchase prices under this
section for each of the products of milk (butter, cheese, and nonfat
dry milk) announced by the Secretary shall be the same for all of that
product sold by persons offering to sell the product to the Secretary.
The purchase prices shall be sufficient to enable plants of average
efficiency to pay producers, on average, a price that is not less than
the rate of price support for milk in effect under subsection (b).
(d) Special Rule for Butter and Nonfat Dry Milk Purchase Prices.--
(1) Allocation of purchase prices.--The Secretary may
allocate the rate of price support between the purchase prices
for nonfat dry milk and butter in a manner that will result in
the lowest level of expenditures by the Commodity Credit
Corporation or achieve such other objectives as the Secretary
considers appropriate. Not later than 10 days after making or
changing an allocation, the Secretary shall notify the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate of the allocation. Section 553 of title 5, United States
Code, shall not apply with respect to the implementation of
this section.
(2) Timing of purchase price adjustments.--The Secretary
may make any such adjustments in the purchase prices for nonfat
dry milk and butter the Secretary considers to be necessary not
more than twice in each calendar year.
(e) Commodity Credit Corporation.--The Secretary shall carry out
the program authorized by this section through the Commodity Credit
Corporation.
SEC. 142. REPEAL OF RECOURSE LOAN PROGRAM FOR PROCESSORS.
Section 142 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7252) is repealed.
SEC. 143. DAIRY EXPORT INCENTIVE PROGRAM.
Section 153(a) of the Food Security Act of 1985 (15 U.S.C. 713a-
14(a)) is amended by striking ``2002'' and inserting ``2011''.
SEC. 144. FLUID MILK PROMOTION.
(a) Definition of Fluid Milk Product.--Section 1999C of the Fluid
Milk Promotion Act of 1990 (7 U.S.C. 6402) is amended by striking
paragraph (3) and inserting the following new paragraph:
``(3) Fluid milk product.--The term `fluid milk product'
has the meaning given such term--
``(A) in section 1000.15 of title 7, Code of
Federal Regulations, subject to such amendments as may
be made from time to time; or
``(B) in any successor regulation providing a
definition of such term that is promulgated pursuant to
the Agricultural Adjustment Act (7 U.S.C. 601 et seq.),
reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937.''.
(b) Definition of Fluid Milk Processor.--Section 1999C(4) of the
Fluid Milk Promotion Act of 1990 (7 U.S.C. 6402(4)) is amended by
striking ``500,000'' and inserting ``3,000,000''.
(c) Elimination of Order Termination Date.--Section 1999O of the
Fluid Milk Promotion Act of 1990 (7 U.S.C. 6414) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
SEC. 145. DAIRY PRODUCT MANDATORY REPORTING.
Section 273(b)(1)(B) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1637b(b)(1)(B)) is amended--
(1) by inserting ``and substantially identical products
designated by the Secretary'' after ``dairy products'' the
first place it appears; and
(2) by inserting ``and such substantially identical
products'' after ``dairy products'' the second place it
appears.
SEC. 146. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.
(a) Definitions.--Section 111 of the Dairy Production Stabilization
Act of 1983 (7 U.S.C. 4502) is amended--
(1) in subsection (k), by striking ``and'' at the end;
(2) in subsection (l), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(m) the term `imported dairy product' means any dairy
product that is imported into the United States, including
dairy products imported into the United States in the form of--
``(1) milk, cream, and fresh and dried dairy
products;
``(2) butter and butterfat mixtures;
``(3) cheese; and
``(4) casein and mixtures;
``(n) the term `importer' means a person that imports an
imported dairy product into the United States; and
``(o) the term `Customs' means the United States Customs
Service.''.
(b) Representation of Importers on Board.--Section 113(b) of the
Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is
amended--
(1) by inserting ``National Dairy Promotion and Research
Board.--'' after ``(b)'';
(2) by designating the first through ninth sentences as
paragraphs (1) through (5) and paragraphs (7) through (10),
respectively, and indenting the paragraphs appropriately;
(3) in paragraph (2) (as so designated), by striking
``Members'' and inserting ``Except as provided in paragraph
(6), the members''; and
(4) by inserting after paragraph (5) (as so designated) the
following:
``(6) Importers.--
``(A) Representation.--The Secretary shall appoint
not more than 2 members who represent importers of
dairy products and are subject to assessments under the
order, to reflect the proportion of domestic production
and imports supplying the United States market, which
shall be based on the Secretary's determination of the
average volume of domestic production of dairy products
proportionate to the average volume of imports of dairy
products in the United States over the previous three
years.
``(B) Additional members; nominations.--The members
appointed under this paragraph--
``(i) shall be in addition to the total
number of members appointed under paragraph
(2); and
``(ii) shall be appointed from nominations
submitted by importers under such procedures as
the Secretary determines to be appropriate.''.
(c) Importer Assessment.--Section 113(g) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended--
(1) by inserting ``Assessments.--'' after ``(g)'';
(2) by designating the first through fifth sentences as
paragraphs (1) through (5), respectively, and indenting
appropriately; and
(3) by adding at the end the following:
``(6) Importers.--
``(A) In general.--The order shall provide that
each importer of imported dairy products shall pay an
assessment to the Board in the manner prescribed by the
order.
``(B) Time for payment.--The assessment on imported
dairy products shall be paid by the importer to Customs
at the time of the entry of the products into the
United States and shall be remitted by Customs to the
Board. For purposes of this subparagraph, entry of the
products into the United States shall be deemed to have
occurred when the products are released from custody of
Customs and introduced into the stream of commerce
within the United States. Importers include persons who
hold title to foreign-produced dairy products
immediately upon release by Customs, as well as persons
who act on behalf of others, as agents, brokers, or
consignees, to secure the release of dairy products
from Customs and the introduction of the released dairy
products into the stream of commerce.
``(C) Rate.--The rate of assessment on imported
dairy products shall be determined in the same manner
as the rate of assessment per hundredweight or the
equivalent of milk.
``(D) Value of products.--For the purpose of
determining the assessment on imported dairy products
under subparagraph (C), the value to be placed on
imported dairy products shall be established by the
Secretary in a fair and equitable manner.
``(E) Use of Assessments on Imported Dairy.--
Assessments collected on imported dairy products shall
not be used for foreign market promotion.''.
(d) Records.--Section 113(k) of the Dairy Production Stabilization
Act of 1983 (7 U.S.C. 4504(k)) is amended in the first sentence by
striking ``person receiving'' and inserting ``importer of imported
dairy products, each person receiving''.
(e) Importer Eligibility To Vote in Referendum.--Section 116(b) of
the Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is
amended--
(1) in the first sentence--
(A) by inserting after ``of producers'' the
following: ``and importers''; and
(B) by inserting after ``the producers'' the
following: ``and importers''; and
(2) in the second sentence, by inserting after ``commercial
use'' the following: ``and importers voting in the referendum
(who have been engaged in the importation of dairy products
during the same representative period, as determined by the
Secretary).''.
(f) Conforming Amendments To Reflect Addition of Importers.--
Section 110(b) of the Dairy Production Stabilization Act of 1983 (7
U.S.C. 4501(b)) is amended--
(1) in the first sentence--
(A) by inserting after ``commercial use'' the
following: ``and on imported dairy products''; and
(B) by striking ``products produced in the United
States.'' and inserting ``products.''; and
(2) in the second sentence, by inserting after ``produce
milk'' the following: ``or the right of any person to import
dairy products''.
CHAPTER 2--SUGAR
SEC. 151. SUGAR PROGRAM.
(a) Continuation of Program.--Subsection (i) of section 156 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7251)
is amended--
(1) by striking ``(other than subsection (f))''; and
(2) by striking ``2002 crops'' and inserting ``2011
crops''.
(b) Termination of Marketing Assessment.--Effective as of October
1, 2001, subsection (f) of such section is repealed.
(c) Loan Rate Adjustments.--Subsection (c) of such section is
amended--
(1) by striking ``Reduction in Loan Rates'' and inserting
``Loan Rate Adjustments''; and
(2) in paragraph (1)--
(A) by striking ``Reduction required'' and
inserting ``Possible reduction''; and
(B) by striking ``shall'' and inserting ``may''.
(d) Notification.--Subsection (e) of such section is amended by
adding at the end the following new paragraph:
``(3) Prevention of onerous notification requirements.--The
Secretary may not impose or enforce any prenotification or
similar administrative requirement that has the effect of
preventing a processor from choosing to forfeit the loan
collateral upon the maturity of the loan.''.
(e) In Process Sugar.--Such section is further amended by inserting
after subsection (e) the following new subsection (f):
``(f) Loans for In-Process Sugar.--
``(1) Availability; rate.--The Secretary shall make
nonrecourse loans available to processors of domestically grown
sugarcane and sugar beets for in-process sugars and syrups
derived from such crops. The loan rate shall be equal to 80
percent of the loan rate applicable to raw cane sugar or
refined beet sugar, depending on the source material for the
in-process sugars and syrups.
``(2) Further processing upon forfeiture.--As a condition
on the forfeiture of in-process sugars and syrups serving as
collateral for a loan under paragraph (1), the processor shall,
within such reasonable time period as the Secretary may
prescribe and at no cost to the Commodity Credit Corporation,
convert the in-process sugars and syrups into raw cane sugar or
refined beet sugar of acceptable grade and quality for sugars
eligible for loans under subsection (a) or (b). Once the in-
process sugars and syrups are fully processed into raw cane
sugar or refined beet sugar, the processor shall transfer the
sugar to the Corporation, which shall make a payment to the
processor in an amount equal to the difference between the loan
rate for raw cane sugar or refined beet sugar, whichever
applies, and the loan rate the processor received under
paragraph (1).
``(3) Loan conversion.--If the processor does not forfeit
the collateral as described in paragraph (2), but instead
further processes the in-process sugars and syrups into raw
cane sugar or refined beet sugar and repays the loan on the in-
process sugars and syrups, the processor may then obtain a loan
under subsection (a) or (b) on the raw cane sugar or refined
beet sugar, as appropriate.
``(4) Definition.--In this subsection the term `in-process
sugars and syrups' does not include raw sugar, liquid sugar,
invert sugar, invert syrup, or other finished products that are
otherwise eligible for loans under subsection (a) or (b).''.
(f) Administration of Program.--Such section is further amended by
adding at the end the following new subsection:
``(j) Avoiding Forfeitures; Corporation Inventory Disposition.--
``(1) No cost.--To the maximum extent practicable, the
Secretary shall operate the sugar program established under
this section at no cost to the Federal Government by avoiding
the forfeiture of sugar to the Commodity Credit Corporation.
``(2) Inventory disposition.--In support of the objective
specified in paragraph (1), the Commodity Credit Corporation
may accept bids for commodities in the inventory of the
Corporation from (or otherwise make available such commodities,
on appropriate terms and conditions, to) processors of
sugarcane and processors of sugar beets (when the processors
are acting in conjunction with the producers of the sugarcane
or sugar beets processed by such processors) in return for the
reduction of production of raw cane sugar or refined beet
sugar, as appropriate. The authority provided under this
paragraph is in addition to any authority of the Corporation
under any other law.''.
(g) Information Reporting.--Subsection (h) of such section is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) Duty of producers to report.--
``(A) Proportionate share states.--The Secretary
shall require a producer of sugarcane located in a
State (other than Puerto Rico) in which there are in
excess of 250 sugarcane producers to report, in the
manner prescribed by the Secretary, the producer's
sugarcane yields and acres planted to sugarcane.
``(B) Other states.--The Secretary may require
producers of sugarcane or sugar beets not covered by
paragraph (1) to report, in the manner prescribed by
the Secretary, each producer's sugarcane or sugar beet
yields and acres planted to sugarcane or sugar beets,
respectively.
``(3) Duty of importers to report.--The Secretary shall
require an importer of sugars, syrups or molasses to be used
for human consumption or to be used for the extraction of sugar
for human consumption, except such sugars, syrups, or molasses
that are within the quantities of tariff-rate quotas that are
at the lower rate of duties, to report, in the manner
prescribed by the Secretary, the quantities of such products
imported and the sugar content or equivalent of such
products.''; and
(3) in paragraph (5), as so redesignated, by striking
``paragraph (1)'' and inserting ``this subsection''.
(h) Interest Rate.--Section 163 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7283) is amended by adding
at the end the following new sentence: ``For purposes of this section,
raw cane sugar, refined beet sugar, and in process sugar eligible for a
loan under section 156 shall not be considered an agricultural
commodity.''.
SEC. 152. REAUTHORIZE PROVISIONS OF AGRICULTURAL ADJUSTMENT ACT OF 1938
REGARDING SUGAR.
(a) Information Reporting.--Section 359a of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359aa) is repealed.
(b) Estimates.--Section 359b of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1359bb) is amended:
(1) in the section heading--
(A) by inserting ``flexible'' before ``marketing'';
and
(B) by striking ``and crystalline fructose'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Before'' and inserting
``Not later than August 1 before'';
(ii) by striking ``1992 through 1998'' and
inserting ``2002 through 2011'';
(iii) in subparagraph (A), by striking
``(other than sugar'' and all that follows
through ``stocks'';
(iv) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (E), respectively;
(v) by inserting after subparagraph (A) the
following:
``(B) the quantity of sugar that would provide for
reasonable carryover stocks;'';
(vi) in subparagraph (C), as so
redesignated--
(I) by striking ``or'' through
``beets''; and
(II) by striking the ``and''
following the semicolon;
(vii) by inserting after subparagraph (C),
as so redesignated, the following:
``(D) the quantity of sugar that will be available
from the domestic processing of sugarcane and sugar
beets; and''; and
(viii) in subparagraph (E), as so
redesignated--
(I) by striking ``quantity of
sugar'' and inserting ``quantity of
sugars, syrups, and molasses'';
(II) by inserting ``human'' after
``imported for'';
(III) by inserting after
``consumption'' the following: ``or to
be used for the extraction of sugar for
human consumption'';
(IV) by striking ``year'' and
inserting ``year, whether such articles
are under a tariff-rate quota or are in
excess or outside of a tariff rate
quota''; and
(V) by striking ``in (other than
sugar'' and all that follows through
``carry-in stocks'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) Exclusion.--The estimates in this section shall not
include sugar imported for the production of polyhydric alcohol
or to be refined and re-exported in refined form or in sugar
containing products.'';
(D) in paragraph (3), as so redesignated--
(i) by amending the heading to read
``reestimates''; and
(ii) by inserting ``as necessary, but''
after ``a fiscal year'';
(3) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following new paragraph:
``(1) In general.--By the beginning of each fiscal year,
the Secretary shall establish for that fiscal year appropriate
allotments under section 359c for the marketing by processors
of sugar processed from sugar beets and from domestically-
produced sugarcane at a level that the Secretary estimates will
result in no forfeitures of sugar to the Commodity Credit
Corporation under the loan program for sugar.''; and
(B) in paragraph (2), by striking ``or crystalline
fructose'';
(4) by striking subsection (c);
(5) by redesignating subsection (d) as subsection (c); and
(6) in subsection (c), as so redesignated--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(C) in paragraph (2), as so redesignated--
(i) by striking ``or manufacturer'' through
``(2)''; and
(ii) by striking ``or crystalline
fructose''.
(c) Establishment.--Section 359c of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359cc) is amended--
(1) in the section heading by inserting ``flexible'' after
``of'';
(2) in subsection (a), by inserting ``flexible'' after
``establish'';
(3) in subsection (b)--
(A) in paragraph (1)(A), by striking ``1,250,000''
and inserting ``1,532,000''; and
(B) in paragraph (2), by striking ``to the maximum
extent practicable'';
(4) by striking subsection (c) and inserting the following
new subsection:
``(c) Marketing Allotment for Sugar Derived From Sugar Beets and
Marketing Allotment for Sugar Derived From Sugarcane.--The overall
allotment quantity for the fiscal year shall be allotted among--
``(1) sugar derived from sugarbeets by establishing a
marketing allotment for a fiscal year at a quantity equal to
the product of multiplying the overall allotment quantity for
the fiscal year by the percentage of 54.35; and
``(2) sugar derived from sugarcane by establishing a
marketing allotment for a fiscal year at a quantity equal to
the product of multiplying the overall allotment quantity for
the fiscal year by the percentage of 45.65.'';
(5) by amending subsection (d) to read as follows:
``(d) Filling Cane Sugar and Beet Sugar Allotments.--Each marketing
allotment for cane sugar established under this section may only be
filled with sugar processed from domestically grown sugarcane, and each
marketing allotment for beet sugar established under this section may
only be filled with sugar domestically processed from sugar beets.'';
(6) by striking subsection (e);
(7) by redesignating subsection (f) as subsection (e);
(8) in subsection (e), as so redesignated--
(A) by inserting ``(1) In general.--'' before ``The
allotment for sugar'' and indenting such paragraph
appropriately;
(B) in such paragraph (1)--
(i) by striking ``the 5'' and inserting
``the'';
(ii) by inserting after ``sugarcane is
produced,'' the following: ``after a hearing,
if requested by the affected sugar cane
processors and growers, and on such notice as
the Secretary by regulation may prescribe,'';
(iii) by striking ``on the basis of past
marketings'' and all that follows through
``allotments'', and inserting ``as provided in
this subsection and section
359(d)(a)(2)(A)(iv)''; and
(C) by inserting after paragraph (1) the following
new paragraphs:
``(2) Offshore allotment.--
``(A) Collectively.--Prior to the allotment of
sugar derived from sugarcane to any other State,
325,000 short tons, raw value shall be allotted to the
offshore States.
``(B) Individually.--The collective offshore State
allotment provided for under subparagraph (A) shall be
further allotted among the offshore States in which
sugarcane is produced, after a hearing if requested by
the affected sugar cane processors and growers, and on
such notice as the Secretary by regulation may
prescribe, in a fair and equitable manner on the basis
of--
``(i) past marketings of sugar, based on
the average of the 2 highest years of
production of raw cane sugar from the 1996
through 2000 crops;
``(ii) the ability of processors to market
the sugar covered under the allotments for the
crop year; and
``(iii) past processings of sugar from
sugarcane based on the 3 year average of the
crop years 1998 through 2000.
``(3) Mainland allotment.--The allotment for sugar derived
from sugarcane, less the amount provided for under paragraph
(2), shall be allotted among the mainland States in the United
States in which sugarcane is produced, after a hearing if
requested by the affected sugar cane processors and growers,
and on such notice as the Secretary by regulation may prescribe, in a
fair and equitable manner on the basis of--
``(A) past marketings of sugar, based on the
average of the 2 highest years of production of raw
cane sugar from the 1996 through 2000 crops;
``(B) the ability of processors to market the sugar
covered under the allotments for the crop year; and
``(C) past processings of sugar from sugarcane,
based on the 3 crop years with the greatest processings
(in the mainland States collectively) during the 1991
through 2000 crop years.'';
(9) by inserting after subsection (e), as so redesignated,
the following new subsection (f):
``(f) Filling Cane Sugar Allotments.--Except as otherwise provided
in section 359e, a State cane sugar allotment established under
subsection (e) for a fiscal year may be filled only with sugar
processed from sugarcane grown in the State covered by the
allotment.'';
(10) in subsection (g)--
(A) in paragraph (1), by striking ``359b(a)(2)--''
through the end of subparagraph (C) and inserting
``359b(a)(3), adjust upward or downward marketing
allotments in a fair and equitable manner'';
(B) in paragraph (2) by striking ``359f(b)'' and
inserting ``359f(c)''; and
(C) in paragraph (3)--
(i) by striking ``Reductions'' and
inserting ``Carry-over of reductions'';
(ii) by inserting after ``this subsection,
if'' the following: ``at the time of the
reduction'';
(iii) by striking ``price support'' and
inserting ``nonrecourse'';
(iv) by striking ``206'' through ``the
allotment'' and inserting ``156 of the
Agricultural Market Transition Act (7 U.S.C.
7272),''; and
(v) by striking ``, if any,''; and
(11) by amending subsection (h) to read as follows:
``(h) Suspension of Allotments.--Whenever the Secretary estimates,
or reestimates, under section 359b(a), or has reason to believe that
imports of sugars, syrups or molasses for human consumption or to be
used for the extraction of sugar for human consumption, whether under a
tariff-rate quota or in excess or outside of a tariff-rate quota, will
exceed 1.532 million short tons, raw value equivalent, and that such
imports would lead to a reduction of the overall allotment quantity,
the Secretary shall suspend the marketing allotments until such time as
such imports have been restricted, eliminated, or otherwise reduced to
or below the level of 1.532 million tons.''.
(d) Allocation.--Section 359d of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1359dd) is amended--
(1) in subsection (a)(2)(A)--
(A) by inserting ``(i) In general.--'' before ``The
Secretary shall'' and indenting such clause
appropriately;
(B) in clause (i), as so designated--
(ii) by striking ``interested parties'' and
inserting ``the affected sugar cane processors
and growers'';
(iii) by striking ``by taking'' through
``allotment allocated.'' and inserting ``with
this subparagraph.''; and
(iv) by inserting at the end the following
new sentence: ``Each such allocation shall be
subject to adjustment under section 359c(g).'';
(C) by inserting after clause (i) the following new
clause:
``(ii) Multiple processor states.--Except
as provided in clause (iii), the Secretary
shall allocate the allotment for cane sugar
among multiple cane sugar processors in a
single State based upon--
``(I) past marketings of sugar,
based on the average of the 2 highest
years of production of raw cane sugar
from among the 1996 through 2000 crops;
``(II) the ability of processors to
market sugar covered by that portion of
the allotment allocated for the crop
year;
``(III) past processings of sugar
from sugarcane, based on the average of
the 3 highest years from among crop
years 1996 through 2000; and
``(IV) however, only with respect
to allotments under subclauses (I),
(II), and (III) attributable to the
former operations of the Talisman
processing facility, shall be allocated
among processors in the State
coincident with the provisions of the
agreements of March 25 and March 26,
1999, between the affected processors
and the Department of the Interior.
``(iii) Proportionate share states.--In the
case of States subject to section 359f(c), the
Secretary shall allocate the allotment for cane
sugar among multiple cane sugar processors in a
single state based upon--
``(I) past marketings of sugar,
based on the average of the two highest
years of production of raw cane sugar
from among the 1997 through 2001 crop
years;
``(II) the ability of processors to
market sugar covered by that portion of
the allotments allocated for the crop
year; and
``(III) past processings of sugar
from sugarcane, based on the average of
the two highest crop years from the
five crop years 1997 through 2001.
``(iv) New entrants.--Notwithstanding
clauses (ii) and (iii), the Secretary, on
application of any processor that begins
processing sugarcane on or after the date of
enactment of this clause, and after a hearing
if requested by the affected sugarcane
processors and growers, and on such notice as
the Secretary by regulation may prescribe, may
provide such processor with an allocation which
provides a fair, efficient and equitable
distribution of the allocations from the
allotment for the State in which the processor
is located and, in the case of proportionate
share States, shall establish proportionate
shares in an amount sufficient to produce the
sugarcane required to satisfy such allocations.
However, the allotment for a new processor
under this clause shall not exceed 50,000 short
tons, raw value.
``(v) Transfer of ownership.--Except as otherwise provided in
section 359f(c)(8), in the event that a sugarcane processor is sold or
otherwise transferred to another owner, or closed as part of an
affiliated corporate group processing consolidation, the Secretary
shall transfer the allotment allocation for the processor to the
purchaser, new owner, or successor in interest, as applicable, of the
processor.''; and
(2) in subsection (a)(2)(B)--
(A) by striking ``interested parties'' and
inserting ``the affected sugar beet processors and
growers''; and
(B) by striking ``processing capacity'' through
``allotment allocated'' and inserting the following:
``the marketings of sugar processed from sugar beets of
any or all of the 1996 through 2000 crops, and such
other factors as the Secretary may deem appropriate
after consultation with the affected sugar beet
processors and growers. However, in the case of any
processor which has started processing sugar beets
after January 1, 1996, the Secretary shall provide such
processor with an allocation which provides a fair,
efficient and equitable distribution of the
allocations.''.
(e) Reassignment.--Section 359e(b) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1359ee(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B) by striking the ``and''
after the semicolon;
(B) by redesignating subparagraph (C) as
subparagraph (D);
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) if after the reassignments, the deficit
cannot be completely eliminated, the Secretary shall
reassign the estimated quantity of the deficit to the
sale of any inventories of sugar held by the Commodity
Credit Corporation; and''; and
(D) in subparagraph (D), as so redesignated, by
inserting ``and sales'' after ``reassignments''; and
(2) in paragraph (2)--
(A) in subparagraph (A) by striking the ``and''
after the semicolon;
(B) in subparagraph (B), by striking ``reassign the
remainder to imports.'' and inserting ``use the
estimated quantity of the deficit for the sale of any
inventories of sugar held by the Commodity Credit
Corporation; and''; and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) if after such reassignments and sales, the
deficit cannot be completely eliminated, the Secretary
shall reassign the remainder to imports.''.
(f) Producer Provisions.--Section 359f of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ff) is amended--
(1) in subsection (a)--
(A) by striking ``processor's allocation'' in the
second sentence and inserting ``allocation to the
processor''; and
(B) by inserting after ``request of either party''
the following: ``, and such arbitration should be
completed within 45 days, but not more than 60 days, of
the request'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection:
``(b) Sugar Beet Processing Facility Closures.-- In the event that
a sugar beet processing facility is closed and the sugar beet growers
who previously delivered beets to such facility desire to deliver their
beets to another processing company:
``(1) Such growers may petition the Secretary to modify
existing allocations to accommodate such a transition; and
``(2) The Secretary may increase the allocation to the
processing company to which the growers desire to deliver their
sugar beets, and which the processing company agrees to accept,
not to exceed its processing capacity, to accommodate the
change in deliveries.
``(3) Such increased allocation shall be deducted from the
allocation to the company that owned the processing facility
that has been closed and the remaining allocation will be
unaffected.
``(4) The Secretary's determination on the issues raised by
the petition shall be made within 60 days of the filing of the
petition.'';
(4) in subsection (c), as so redesignated--
(A) in paragraph (3)(A), by striking ``the
preceding five years'' and inserting ``the two highest
years from among the years 1999, 2000, and 2001'';
(B) in paragraph (4), subparagraph (A), by striking
``each'' through ``in effect'' and inserting ``the two
highest of the three (3) crop years 1999, 2000, and
2001''; and
(C) by inserting after paragraph (7) the following
new paragraph:
``(8) Processing facility closures.--In the event that a
sugarcane processing facility subject to this subsection is
closed and the sugarcane growers who previously delivered
sugarcane to such facility desire to deliver their sugarcane to
another processing company--
``(A) such growers may petition the Secretary to
modify existing allocations to accommodate such a
transition;
``(B) the Secretary may increase the allocation to
the processing company to which the growers desire to
deliver the sugarcane, and which the processing company
agrees to accept, not to exceed its processing
capacity, to accommodate the change in deliveries;
``(C) such increased allocation shall be deducted
from the allocation to the company that owned the
processing facility that has been closed and the
remaining allocation will be unaffected; and
``(D) the Secretary's determination on the issues
raised by the petition shall be made within 60 days of
the filing of the petition.''.
(g) Conforming Amendments.--(1) The heading of part VII of subtitle
B of Title III of the Agricultural Adjustment Act of 1938 (7 U.S.C.
359aa et seq.) is amended to read as follows:
``PART VII--FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR''.
(2) Section 359g of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359gg) is amended--
(A) by striking ``359f'' each place it appears and
inserting ``359f(c);
(B) in subsection (b), by striking ``3 consecutive'' and
inserting ``5 consecutive''; and
(C) in subsection (c), by inserting ``or adjusted'' after
``share established''.
(3) Section 359j(c) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359jj) is amended--
(2) by amending the heading to read ``Definitions.--'';
(B) by striking ``Notwithstanding'' and inserting
the following:
``(1) United states and state.--Notwithstanding''; and
(C) by inserting after such paragraph (1) the
following new paragraph:
``(2) Offshore states.--For purposes of this part, the term
`offshore States' means the sugarcane producing States located
outside of the continental United States.''.
(h) Lifting of Suspension.--Section 171(a)(1)(E) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)(E))
is amended by inserting before the period at the end the following: ``,
but only with respect to sugar marketings through fiscal year 2002''.
SEC. 153. STORAGE FACILITY LOANS.
(a) Storage Facility Loan Program.--Notwithstanding any other
provision of law and as soon as practicable after the date of enactment
of this section, the Commodity Credit Corporation shall amend part 1436
of title 7, Code of Federal Regulations, to establish a sugar storage
facility loan program to provide financing for processors of
domestically-produced sugarcane and sugar beets to build or upgrade
storage and handling facilities for raw sugars and refined sugars.
(b) Eligible Processors.--Storage facility loans shall be made
available to any processor of domestically produced sugarcane or sugar
beets that has a satisfactory credit history, determines a need for
increased storage capacity (taking into account the effects of
marketing allotments), and demonstrates an ability to repay the loan.
(c) Term of Loans.--Storage facility loans shall be for a minimum
of seven years, and shall be in such amounts and on such terms and
conditions (including down payment, security requirements, and eligible
equipment) as are normal, customary, and appropriate for the size and
commercial nature of the borrower.
(d) Administration.--The sugar storage facility loan program shall
be administered using the services, facilities, funds, and authorities
of the Commodity Credit Corporation.
CHAPTER 3--PEANUTS
SEC. 161. DEFINITIONS.
In this chapter:
(1) Counter-cyclical payment.--The term ``counter-cyclical
payment'' means a payment made to producers under section 164.
(2) Effective price.--The term ``effective price'' means
the price calculated by the Secretary under section 164 for
peanuts to determine whether counter-cyclical payments are
required to be made under such section for a crop year.
(3) Eligible peanut producer.--The term ``eligible
producer'' means a producer on a farm in the United States that
produced or attempted to produce peanuts during any or all of
crop years 1998, 1999, 2000, and 2001.
(4) Fixed, decoupled payment.--The term ``fixed, decoupled
payment'' means a payment made to producers under section 163.
(5) Payment acres.--The term ``payment acres'' means 85
percent of the peanut acres on a farm, as established under
section 162, upon which fixed, decoupled payments and counter-
cyclical payments are to be made.
(6) Peanut acres.--The term ``peanut acres'' means the
number of acres planted and prevented from being planted to
peanuts for harvest on the farm over a certain number of crop
years, as established under section 162.
(7) Payment yield.--The term ``payment yield'' means the
yield established under section 162 for a farm for peanuts.
(8) Producer.--The term ``producer'' means an owner,
operator, landlord, tenant, or sharecropper who shares in the
risk of producing a crop of peanuts and who is entitled to
share in the crop available for marketing from the farm, or
would have shared had the crop been produced.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(10) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any other territory or
possession of the United States.
(11) Target price.--The term ``target price'' means the
price per ton of peanuts used to determine the payment rate for
counter-cyclical payments.
(12) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
SEC. 162. ESTABLISHMENT OF PAYMENT YIELD, PEANUT ACRES, AND PAYMENT
ACRES FOR A FARM.
(a) Establishment of Payment Yield.--
(1) Establishment and purpose.--For the purpose of making
fixed decoupled payments and counter-cyclical payments to
eligible peanut producers under this chapter, the Secretary
shall provide for the establishment of a payment yield for each
peanut farm in accordance with this subsection.
(2) Average yield.--The Secretary shall establish a payment
yield for peanuts on a farm by first determining the average
yield for peanuts on the farm for the 1998 through 2001 crop
years, excluding any crop year in which the yield was zero. If,
for any of these four crop years in which peanuts were planted,
the farm would have satisfied the eligibility criteria
established to carry out section 1102 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1999 (7 U.S.C. 1421 note; Public Law 105-
277), the Secretary shall assign a yield for that year equal to
65 percent of the county yield, as determined by the Secretary.
(b) Peanuts Acres.--The peanut acres for a farm shall be equal to
the four-year average of acreage actually planted on the farm in
peanuts for harvest during crop years 1998, 1999, 2000, and 2001 and
any acreage on the farm that the producers were prevented from planting
to peanuts during such crop years because of drought, flood, or other
natural disaster, or other condition beyond the control of the
producer, as determined by the Secretary.
(c) Payments Acres.--The payment acres for peanuts on a farm shall
be equal to 85 percent of the peanut acres for the farm.
(d) Prevention of Excess Payment Acres.--
(1) Required reduction.--If the sum of the peanut acres for
a farm, together with the acreage described in paragraph (2),
exceeds the actual cropland acreage of the farm, the Secretary
shall make such reductions in the quantity of peanut acres for
the farm as may be necessary so that the sum of the peanut
acres and acreage described in paragraph (2) does not exceed
the actual cropland acreage of the farm.
(2) Other acreage.--For purposes of paragraph (1), the
Secretary shall include the following:
(A) Any base acres for the farm under subtitle A.
(B) Any acreage on the farm enrolled in the
conservation reserve program or wetlands reserve
program under chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3830 et seq.).
(C) Any other acreage on the farm enrolled in a
conservation program for which payments are made in
exchange for not producing an agricultural commodity on
the acreage.
SEC. 163. AVAILABILITY OF FIXED, DECOUPLED PAYMENTS FOR PEANUTS.
(a) Payment Required.--For each of the 2002 through 2011 crop
years, the Secretary shall make fixed, decoupled payments to eligible
peanut producers on a farm.
(b) Payment Rate.--The payment rate used to make fixed, decoupled
payments with respect to peanuts for a crop year shall be equal to $36
per ton.
(c) Payment Amount.--The amount of the fixed, decoupled payment to
be paid to the eligible peanut producers on a farm for a covered
commodity for a crop year shall be equal to the product of the
following:
(1) The payment rate specified in subsection (b).
(2) The payment acres on the farm.
(3) The payment yield for the farm.
(d) Time for Payment.--
(1) General rule.--Fixed, decoupled payments shall be paid
not later than September 30 of each of fiscal years 2002
through 2011. In the case of the 2002 crop, payments may begin
to be made on or after December 1, 2001.
(2) Advance payments.--At the option of an eligible peanut
producer, 50 percent of the fixed, decoupled payment for a
fiscal year shall be paid on a date selected by the producer.
The selected date shall be on or after December 1 of that
fiscal year, and the producer may change the selected date for
a subsequent fiscal year by providing advance notice to the
Secretary.
(3) Repayment of advance payments.--If a producer that
receives an advance fixed, decoupled payment for a fiscal year
ceases to be an eligible peanut producer before the date the
fixed, decoupled payment would otherwise have been made by the
Secretary under paragraph (1), the producer shall be
responsible for repaying the Secretary the full amount of the
advance payment.
SEC. 164. AVAILABILITY OF COUNTER-CYCLICAL PAYMENTS FOR PEANUTS.
(a) Payment Required.--During the 2002 through 2011 crop years for
peanuts, the Secretary shall make counter-cyclical payments with
respect to peanuts whenever the Secretary determines that the effective
price for peanuts is less than the target price.
(b) Effective Price.--For purposes of subsection (a), the effective
price for peanuts is equal to the sum of the following:
(1) The higher of the following:
(A) The national average market price received by
producers during the 12-month marketing year for
peanuts, as determined by the Secretary.
(B) The national average loan rate for a marketing
assistance loan for peanuts in effect for the same
period under this chapter.
(2) The payment rate in effect under section 163 for the
purpose of making fixed, decoupled payments.
(c) Target Price.--For purposes of subsection (a), the target price
for peanuts shall be equal to $480 per ton.
(d) Payment Rate.--The payment rate used to make counter-cyclical
payments for a crop year shall be equal to the difference between--
(1) the target price; and
(2) the effective price determined under subsection (b).
(e) Payment Amount.--The amount of the counter-cyclical payment to
be paid to the eligible peanut producers on a farm for a crop year
shall be equal to the product of the following:
(1) The payment rate specified in subsection (d).
(2) The payment acres on the farm.
(3) The payment yield for the farm.
(f) Time for Payments.--
(1) General rule.--The Secretary shall make counter-
cyclical payments under this section for a peanut crop as soon
as possible after determining under subsection (a) that such
payments are required for that crop year.
(2) Partial payment.--The Secretary may permit, and, if so
permitted, an eligible peanut producer may elect to receive, up
to 50 percent of the projected counter-cyclical payment, as
determined by the Secretary, to be made under this section for
a peanut crop upon completion of the first six months of the
marketing year for that crop. The producer shall repay to the
Secretary the amount, if any, by which the partial payment
exceeds the actual counter-cyclical payment to be made for that
crop.
SEC. 165. PRODUCER AGREEMENT REQUIRED AS CONDITION ON PROVISION OF
FIXED, DECOUPLED PAYMENTS AND COUNTER-CYCLICAL PAYMENTS.
(a) Compliance With Certain Requirements.--
(1) Requirements.--Before the producers on a farm may
receive fixed, decoupled payments or counter-cyclical payments
with respect to the farm, the producers shall agree, in
exchange for the payments--
(A) to comply with applicable conservation
requirements under subtitle B of title XII of the Food
Security Act of 1985 (16 U.S.C. 3811 et seq.);
(B) to comply with applicable wetland protection
requirements under subtitle C of title XII of the Act
(16 U.S.C. 3821 et seq.);
(C) to comply with the planting flexibility
requirements of section 166; and
(D) to use the land on the farm, in an amount equal
to the peanut acres, for an agricultural or conserving
use, and not for a nonagricultural commercial or
industrial use, as determined by the Secretary.
(2) Compliance.--The Secretary may issue such rules as the
Secretary considers necessary to ensure producer compliance
with the requirements of paragraph (1).
(b) Effect of Foreclosure.--A producer may not be required to make
repayments to the Secretary of fixed, decoupled payments and counter-
cyclical payments if the farm has been foreclosed on and the Secretary
determines that forgiving the repayments is appropriate to provide fair
and equitable treatment. This subsection shall not void the
responsibilities of the producer under subsection (a) if the producer
continues or resumes operation, or control, of the farm. On the
resumption of operation or control over the farm by the producer, the
requirements of subsection (a) in effect on the date of the foreclosure
shall apply.
(c) Transfer or Change of Interest in Farm.--
(1) Termination.--Except as provided in paragraph (4), a
transfer of (or change in) the interest of a producer in peanut
acres for which fixed, decoupled payments or counter-cyclical
payments are made shall result in the termination of the
payments with respect to the peanut acres, unless the
transferee or owner of the acreage agrees to assume all
obligations under subsection (a). The termination shall be
effective on the date of the transfer or change.
(2) Transfer of payment base.--There is no restriction on
the transfer of a farm's peanut acres or payment yield as part
of a change in the producers on the farm.
(3) Modification.--At the request of the transferee or
owner, the Secretary may modify the requirements of subsection
(a) if the modifications are consistent with the objectives of
such subsection, as determined by the Secretary.
(4) Exception.--If a producer entitled to a fixed,
decoupled payment or counter-cyclical payment dies, becomes
incompetent, or is otherwise unable to receive the payment, the
Secretary shall make the payment, in accordance with
regulations prescribed by the Secretary.
(d) Acreage Reports.--As a condition on the receipt of any benefits
under this chapter, the Secretary shall require producers to submit to
the Secretary acreage reports.
(e) Tenants and Sharecroppers.--In carrying out this chapter, the
Secretary shall provide adequate safeguards to protect the interests of
tenants and sharecroppers.
(f) Sharing of Payments.--The Secretary shall provide for the
sharing of fixed, decoupled payments and counter-cyclical payments
among the eligible peanut producers on a farm on a fair and equitable
basis.
SEC. 166. PLANTING FLEXIBILITY.
(a) Permitted Crops.--Subject to subsection (b), any commodity or
crop may be planted on peanut acres on a farm.
(b) Limitations and Exceptions Regarding Fruits and Vegetables.--
(1) Limitations.--The planting of fruits and vegetables
(other than lentils, mung beans, and dry peas) shall be
prohibited on peanut acres.
(2) Exceptions.--Paragraph (1) shall not limit the planting
of a fruit or vegetable--
(A) in any region in which there is a history of
double-cropping of peanuts with fruits or vegetables,
as determined by the Secretary, in which case the
double-cropping shall be permitted;
(B) on a farm that the Secretary determines has a
history of planting fruits or vegetables on peanut
acres, except that fixed, decoupled payments and
counter-cyclical payments shall be reduced by an acre
for each acre planted to the fruit or vegetable; or
(C) by a producer who the Secretary determines has
an established planting history of a specific fruit or
vegetable, except that--
(i) the quantity planted may not exceed the
producer's average annual planting history of
the fruit or vegetable in the 1991 through 1995
crop years (excluding any crop year in which no
plantings were made), as determined by the
Secretary; and
(ii) fixed, decoupled payments and counter-
cyclical payments shall be reduced by an acre
for each acre planted to the fruit or
vegetable.
SEC. 167. MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS FOR
PEANUTS.
(a) Nonrecourse Loans Available.--
(1) Availability.--For each of the 2002 through 2011 crops
of peanuts, the Secretary shall make available to producers on
a farm nonrecourse marketing assistance loans for peanuts
produced on the farm. The loans shall be made under terms and
conditions that are prescribed by the Secretary and at the loan
rate established under subsection (b).
(2) Eligible production.--Any production of peanuts on a
farm shall be eligible for a marketing assistance loan under
this subsection.
(3) Treatment of certain commingled commodities.--In
carrying out this subsection, the Secretary shall make loans to
a producer that is otherwise eligible to obtain a marketing
assistance loan, but for the fact the peanuts owned by the
producer are commingled with other peanuts in facilities
unlicensed for the storage of agricultural commodities by the
Secretary or a State licensing authority, if the producer
obtaining the loan agrees to immediately redeem the loan
collateral in accordance with section 166 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7286).
(4) Options for obtaining loan.--A marketing assistance
loan under this subsection, and loan deficiency payments under
subsection (e), may be obtained at the option of the producer
through--
(A) a designated marketing association of peanut
producers that is approved by the Secretary;
(B) a loan servicing agent approved by the
Secretary; or
(C) the Farm Service Agency.
(5) Loan servicing agent.--As a condition of the
Secretary's approval of an entity to serve as a loan servicing
agent or to handle or store peanuts for producers that receive
any marketing loan benefits, the entity shall agree to provide
adequate storage (if available) and handling of peanuts at the
commercial rate to other approved loan servicing agents and
marketing associations.
(b) Loan Rate.--The loan rate for a marketing assistance loan under
for peanuts subsection (a) shall be equal to $350 per ton.
(c) Term of Loan.--
(1) In general.--A marketing assistance loan for peanuts
under subsection (a) shall have a term of nine months beginning
on the first day of the first month after the month in which
the loan is made.
(2) Extensions prohibited.--The Secretary may not extend
the term of a marketing assistance loan under subsection (a).
(d) Repayment Rate.--The Secretary shall permit producers to repay
a marketing assistance loan for peanuts under subsection (a) at a rate
that is the lesser of--
(1) the loan rate established for the commodity under
subsection (b), plus interest (as determined by the Secretary);
or
(2) a rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of peanuts
by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing peanuts; and
(D) allow peanuts produced in the United States to
be marketed freely and competitively, both domestically
and internationally.
(e) Loan Deficiency Payments.--
(1) Availability.--The Secretary may make loan deficiency
payments available to producers who, although eligible to
obtain a marketing assistance loan for peanuts under subsection
(a), agree to forgo obtaining the loan for the peanuts in
return for payments under this subsection.
(2) Computation.--A loan deficiency payment under this
subsection shall be computed by multiplying--
(A) the loan payment rate determined under
paragraph (3) for peanuts; by
(B) the quantity of the peanuts produced by the
eligible producers, excluding any quantity for which
the producers obtain a loan under subsection (a).
(3) Loan payment rate.--For purposes of this subsection,
the loan payment rate shall be the amount by which--
(A) the loan rate established under subsection (b);
exceeds
(B) the rate at which a loan may be repaid under
subsection (d).
(4) Time for payment.--The Secretary shall make a payment
under this subsection to a producer with respect to a quantity
of peanuts as of the earlier of the following:
(A) The date on which the producer marketed or
otherwise lost beneficial interest in the peanuts, as
determined by the Secretary.
(B) The date the producer requests the payment.
(f) Compliance With Conservation and Wetlands Requirements.--As a
condition of the receipt of a marketing assistance loan under
subsection (a), the producer shall comply with applicable conservation
requirements under subtitle B of title XII of the Food Security Act of
1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection
requirements under subtitle C of title XII of the Act (16 U.S.C. 3821
et seq.) during the term of the loan.
(g) Reimbursable Agreements and Payment of Expenses.--To the extent
practicable, the Secretary shall implement any reimbursable agreements
or provide for the payment of expenses under this chapter in a manner
that is consistent with such activities in regard to other commodities.
(h) Termination of Superseded Price Support Authority.--
(1) Repeal.--Section 155 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7271) is repealed.
(2) Conforming amendments.--The Agricultural Act of 1949 (7
U.S.C. 1441 et seq.) is amended--
(A) in section 101(b) (7 U.S.C. 1441(b)), by
striking ``and peanuts''; and
(B) in section 408(c) (7 U.S.C. 1428(c)), by
striking ``peanuts,''.
SEC. 168. QUALITY IMPROVEMENT.
(a) Official Inspection.--
(1) Mandatory inspection.--All peanuts placed under a
marketing assistance loan under section 167 shall be officially
inspected and graded by Federal or State inspectors.
(2) Optional inspection.--Peanuts not placed under a
marketing assistance loan may be graded at the option of the
producer.
(b) Termination of Peanut Administrative Committee.--The Peanut
Administrative Committee established under Marketing Agreement No.
1436, which regulates the quality of domestically produced peanuts
under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted
with amendments by the Agricultural Marketing Agreement Act of 1937, is
terminated.
(c) Establishment of Peanut Standards Board.--The Secretary shall
establish a Peanut Standards Board for the purpose of assisting in the
establishment of quality standards with respect to peanuts. The
authority of the Board is limited to assisting in the establishment of
quality standards for peanuts. The members of the Board should fairly
reflect all segments of the peanut industry.
(d) Effective Date.--This section shall take effect with the 2002
crop of peanuts.
SEC. 169. PAYMENT LIMITATIONS.
For purposes of sections 1001 through 1001C of the Food Security
Act of 1985 (7 U.S.C. 1308 through 1308-3), separate payment
limitations shall apply to peanuts with respect to--
(1) fixed, decoupled payments;
(2) counter-cyclical payments; and
(3) limitations on marketing loan gains and loan deficiency
payments.
SEC. 170. TERMINATION OF MARKETING QUOTA PROGRAMS FOR PEANUTS AND
COMPENSATION TO PEANUT QUOTA HOLDERS FOR LOSS OF QUOTA
ASSET VALUE.
(a) Repeal of Marketing Quota.--Part VI of subtitle B of title III
of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1357-1359a),
relating to peanuts, is repealed.
(b) Compensation Required.--During fiscal years 2002 through 2006,
the Secretary shall make payments under this section to eligible peanut
quota holders to compensate them for the lost value of the quota on
account of the repeal of the marketing quota program for peanuts under
subsection (a).
(c) Time for Payment.--The payments required by this section shall
be provided in five equal installments not later than September 30 of
each of fiscal years 2002 through 2006.
(d) Payment Amount.--The amount of the payment for a fiscal year to
a peanut quota holder under this section shall be equal to the product
obtained by multiplying--
(1) $0.10 per pound; by
(2) the actual farm poundage quota (excluding seed and
experimental peanuts) established for the peanut quota holder's
farm under section 358-1(b) of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1358-1(b)) for the 2001 marketing year.
(e) Assignment of Payments.--The provisions of section 8(g) of the
Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)),
relating to assignment of payments, shall apply to the payments made to
peanut quota holders under this section. The peanut quota holder making
the assignment, or the assignee, shall provide the Secretary with
notice, in such manner as the Secretary may require, of any assignment
made under this subsection.
(f) Peanut Quota Holder Defined.--In this section, the term
``peanut quota holder'' means a person or enterprise that owns a farm
that--
(1) was eligible, immediately before the date of the
enactment of this Act, to have a peanut quota established upon
it;
(2) if there are not quotas currently established, would be
eligible to have a quota established upon it for the succeeding
crop year, in the absence of the amendment made by subsection
(a); or
(3) is otherwise a farm that was eligible for such a quota
at the time the general quota establishment authority was
repealed.
The Secretary shall apply this definition without regard to temporary
leases or transfers or quotas for seed or experimental purposes.
Subtitle D--Administration
SEC. 181. ADMINISTRATION GENERALLY.
(a) Use of Commodity Credit Corporation.--The Secretary shall carry
out this title through the Commodity Credit Corporation.
(b) Determinations by Secretary.--A determination made by the
Secretary under this title shall be final and conclusive.
(c) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall issue such regulations as are
necessary to implement this title. The issuance of the regulations
shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804) relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
know as the ``Paperwork Reduction Act'').
(d) Protection of Producers.--The protection afforded producers
that elect the option to accelerate the receipt of any payment under a
production flexibility contract payable under the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7212 note) shall also
apply to the advance payment of fixed, decoupled payments and counter-
cyclical payments.
SEC. 182. EXTENSION OF SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--Section 171(a)(1) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7301(a)(1)) is amended by striking ``2002'' both places it appears and
inserting ``2011''.
(b) Agricultural Act of 1949.--Section 171(b)(1) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7301(b)(1)) is
amended by striking ``2002'' both places it appears and inserting
``2011''.
(c) Suspension of Certain Quota Provisions.--Section 171(c) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7301(c)) is amended by striking ``2002'' and inserting ``2011''.
SEC. 183. LIMITATIONS.
(a) Limitation on Amounts Received.--Section 1001 of the Food
Security Act of 1985 (7 U.S.C. 1308) is amended--
(1) in paragraph (1)--
(A) by striking ``payments under production
flexibility contracts'' and inserting ``fixed,
decoupled payments'';
(B) by striking ``contract payments made under the
Agricultural Market Transition Act to a person under 1
or more production flexibility contracts'' and
inserting ``fixed, decoupled payments made to a
person'';
(C) by striking ``4'' and inserting ``5'';
(2) in paragraphs (2) and (3)--
(A) by striking ``payments specified'' and all that
follows through ``and oilseeds'' and inserting
``following payments that a person shall be entitled to
receive'';
(B) by striking the period at the end of paragraph
(2) and all that follows through ``the following'' in
paragraph (3);
(C) by striking ``section 131'' and all that
follows through ``section 132'' and inserting ``section
121 of the Agricultural Act of 2001 for a crop of any
covered commodity at a lower level than the original
loan rate established for the commodity under section
122''; and
(D) by striking ``section 135'' and inserting
``section 125''; and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Limitation on counter-cyclical payments.--The amount
specified in paragraph (2) is the limit on the total amount of
counter-cyclical payments that a person may receive during any
crop year.''.
(b) Definitions.--Paragraph (4) of section 1001 of the Food
Security Act of 1985 (7 U.S.C. 1308) is amended to read as follows:
``(4) Definitions.--In this title, the terms `covered
commodity', `counter-cyclical payment', and `fixed, decoupled
payment' have the meaning given those terms in section 100 of
the Agricultural Act of 2001.''.
(c) Transition.--Section 1001 of the Food Security Act of 1985 (7
U.S.C. 1308), as in effect on the day before the date of the enactment
of this Act, shall continue to apply with respect to fiscal year 2001
and the 2001 crop of any covered commodity.
SEC. 184. ADJUSTMENTS OF LOANS.
Section 162(b) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7282(b)) is amended by striking ``this title''
and inserting ``this title and title I of the Agricultural Act of
2001''.
SEC. 185. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES.
Section 164 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7284) is amended by striking ``this title'' both
places it appears and inserting ``this title and title I of the
Agricultural Act of 2001''.
SEC. 186. EXTENSION OF EXISTING ADMINISTRATIVE AUTHORITY REGARDING
LOANS.
Section 166 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7286) is amended by striking ``subtitle C'' both
places it appears and inserting ``subtitle C of this title and title I
of the Agricultural Act of 2001''.
SEC. 187. ASSIGNMENT OF PAYMENTS.
The provisions of section 8(g) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(g)), relating to assignment of
payments, shall apply to payments made under the authority of this Act.
The producer making the assignment, or the assignee, shall provide the
Secretary with notice, in such manner as the Secretary may require, of
any assignment made under this section.
TITLE II--CONSERVATION
Subtitle A--Definition
SEC. 201. DEFINITION OF AGRICULTURAL COMMODITY.
Section 1201(a)(1) of the Food Security Act of 1985 (16 U.S.C.
3801(a)(1)) is amended to read as follows:
``(1) Agricultural commodity.--The term `agricultural commodity'
means any agricultural commodity planted or produced in a State.''.
Subtitle B--Wetland Conservation Program
SEC. 211. INELIGIBILITY FOR CERTAIN LOANS AND PAYMENTS.
Section 1221(b) of the Food Security Act of 1985 (16 U.S.C.
3821(b)) is amended by inserting ``relating to any commodity produced
during that crop year by such person'' before ``for which the person''.
Subtitle C--Environmental Conservation Acreage Reserve Program
SEC. 221. ELIMINATION OF GENERAL PROVISIONS.
Chapter 1 of subtitle D of title XII of the Food Security Act of
1985 is amended--
(1) by striking the heading for subchapter A;
(2) by striking section 1230 (16 U.S.C. 3830);
(3) in section 1230A (16 U.S.C. 3830a), by striking
``chapter'' each place it appears and inserting ``title'';
(4) by redesignating section 1230A as section 1244; and
(5) by transferring section 1244 (as so redesignated) to
the end of subtitle E.
Subtitle D--Conservation Reserve Program
SEC. 231. REAUTHORIZATION.
Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is
amended in each of subsections (a), (b)(3), and (d), by striking
``2002'' and inserting ``2011''.
SEC. 232. ENROLLMENT.
(a) Eligibility.--Section 1231(b) of the Food Security Act of 1985
(16 U.S.C. 3831(b)) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) marginal pasturelands devoted to natural vegetation
in or near riparian areas or for similar water quality
purposes;'';
(2) in paragraph (4)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) if the Secretary determines that--
``(i) the lands contribute to the
degradation of soil, water, or air quality, or
would pose an on-site or off-site environmental
threat to soil, water, or air quality if
permitted to remain in agricultural production;
and
``(ii) soil, water, and air quality
objectives with respect to the land cannot be
achieved under the environmental quality
incentives program established under chapter
4;'';
(B) by striking ``or'' at the end of subparagraph
(C);
(C) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(D) by adding at the end the following:
``(E) if the Secretary determines that enrollment
of such lands would contribute to conservation of
ground or surface water.''; and
(3) by redesignating paragraph (4) as paragraph (3).
(b) Increase in Maximum Enrollment.--Section 1231(d) of such Act
(16 U.S.C. 3831(d)) is amended by striking ``36,400,000'' and inserting
``40,000,000''.
(c) Eligibility on Contract Expiration.--Section 1231(f) of such
Act (16 U.S.C. 3831(f)) is amended to read as follows:
``(f) Eligibility on Contract Expiration.--On the expiration of a
contract entered into under this subchapter, the land subject to the
contract shall be eligible to be re-enrolled in the conservation
reserve.''.
(d) Balance Among Contracts Awarded.--
(1) In general.--Section 1231 of such Act (16 U.S.C. 3831)
is amended by adding at the end the following:
``(i) Balance Among Contracts Awarded.--In determining the
acceptability of contract offers under this subchapter, the Secretary
shall balance conservation interests in soil erosion, water quality,
and wildlife habitat.''.
(2) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Agriculture shall
issue final regulations implementing section 1231(i) of the
Food Security Act of 1985, as added by paragraph (1) of this
subsection.
SEC. 233. DUTIES OF OWNERS AND OPERATORS.
Section 1232 of the Food Security Act of 1985 (16 U.S.C. 3832) is
amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting ``as described
in section 1232(a)(7) or for other purposes'' before
``as permitted'';
(B) in paragraph (4), by inserting ``where
practicable, or maintain existing cover'' before ``on
such land''; and
(C) in paragraph (7), by striking ``Secretary--''
and all that follows and inserting ``Secretary may
permit--
``(A) managed grazing and limited haying, in which
case the Secretary shall reduce the rental payment
otherwise payable under the contract by an amount
commensurate with the economic value of the activity;
``(B) wind turbines for the provision of wind
energy, whether or not commercial in nature; and
``(C) land subject to the contract to be harvested
for recovery of biomass used in energy production, in
which case the Secretary shall reduce the rental
payment otherwise payable under the contract by an
amount commensurate with the economic value of such
activity;''; and
(2) by striking subsections (c) and (d) and redesignating
subsection (e) as subsection (c).
SEC. 234. DUTIES OF THE SECRETARY.
Section 1233 of the Food Security Act of 1985 (16 U.S.C. 3833) is
amended--
(1) in paragraph (1), by adding ``and'' at the end;
(2) in paragraph (2), by striking ``; and'' and inserting a
period; and
(3) striking paragraph (3).
SEC. 235. ACCEPTANCE OF CONTRACT OFFERS.
Section 1234(c) of the Food Security Act of 1985 (16 U.S.C.
3834(c)) is amended by striking paragraph (3).
SEC. 236. CONTRACTS.
(a) In General.--Section 1235 of the Food Security Act of 1985 (16
U.S.C. 3835) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by adding ``or'' at the
end;
(B) by striking subparagraphs (B) and (C); and
(C) by redesignating subparagraph (D) and
subparagraph (B).
(2) by adding at the end the following:
``(f) Restoration of Base.--On the expiration of a contract entered
into under this subchapter, the Secretary shall restore the base,
contract acreage, quota, or allotment history applicable to the land
when the contract was entered into.''.
(b) Conservation Reserve Payment.--Subchapter B of chapter 1 of
subtitle D of title XII of such Act (16 U.S.C. 3831-3836) is amended by
striking ``rental payment'' each place it appears and inserting
``conservation reserve payment''.
Subtitle E--Wetlands Reserve Program
SEC. 241. ENROLLMENT.
(a) Maximum.--Section 1237(b) of the Food Security Act of 1985 (16
U.S.C. 3837(b)) is amended by striking paragraph (1) and inserting the
following:
``(1) Annual enrollment.--In addition to any acres enrolled
in the wetlands reserve program as of the end of a calendar
year, the Secretary may in the succeeding calendar year enroll
in the program a number of additional acres equal to--
``(A) if the succeeding calendar year is calendar
year 2002, 150,000;
``(B) if the succeeding calendar year is a calendar
year after calendar year 2002--
``(i) 150,000; plus
``(ii) the amount (if any) by which
150,000, multiplied by the number of calendar
years in the period that begins with calendar
year 2002 and ends with the calendar year
preceding such succeeding calendar year,
exceeds the total number of acres added to the
reserve during the period.''.
(b) Methods.--Section 1237(b)(2) of such Act (16 U.S.C. 3837(b)(2))
is amended to read as follows:
``(2) Methods of enrollment.--The Secretary shall enroll
acreage into the wetlands reserve program through the use of
easements, restoration cost share agreements, or both.''.
(c) Eligibility.--Section 1237 of such Act (16 U.S.C. 3837) is
amended by striking subsections (c), (d), and (e) and inserting the
following:
``(c) Priority.--For purposes of enrolling acreage in the wetlands
reserve program, the Secretary shall give priority to land that
maximizes wetland functions and values.
``(d) Ineligible Land.--The Secretary may not acquire an easement
under this chapter on land which is--
``(1) enrolled in the conservation reserve program
established under subchapter B; or
``(2) subject to a contract under the environmental quality
incentives program established by chapter 4.''.
(d) Conforming Amendments.--Section 1237 of such Act (16 U.S.C.
3837) is amended--
(1) by redesignating subsection (f) as subsection (e); and
(2) by striking subsection (g).
SEC. 242. EASEMENTS AND AGREEMENTS.
Section 1237A of the Food Security Act of 1985 (16 U.S.C. 3837a) is
amended--
(1) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) prohibits the alteration of wildlife habitat and
other natural features of such land, unless specifically
permitted by the plan;'';
(2) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) shall be consistent with applicable State law.'';
(3) by striking subsections (c) and (h) and redesignating
subsections (d) through (g) as subsections (c) through (f),
respectively.
SEC. 243. DUTIES OF THE SECRETARY.
Section 1237C of the Food Security Act of 1985 (16 U.S.C. 3837c) is
amended--
(1) in subsection (a)--
(A) by striking ``shall--'' and all that follows
through ``(1)'' and inserting ``shall''; and
(B) by striking ``interest;'' and all that follows
and inserting ``interest.''; and
(2) by striking subsection (d).
SEC. 244. PAYMENT LIMITATION.
Section 1237D(c)(1) of the Food Security Act of 1985 (16 U.S.C.
3837d(c)(1)) is amended by striking ``easement payments'' and inserting
``payments''.
SEC. 245. CHANGES IN OWNERSHIP; AGREEMENT MODIFICATION; TERMINATION.
Section 1237E(a) of the Food Security Act of 1985 (16 U.S.C.
3837e(a)) is amended to read as follows:
``(a) Limitations.--No easement shall be created under this
subchapter on land that has changed ownership in the preceding 12
months unless--
``(1) the new ownership was acquired by will or succession
as a result of the death of the previous owner; or
``(2) the ownership change occurred due to foreclosure on
the land and the owner of the land immediately before the
foreclosure exercises a right of redemption from the mortgage
holder in accordance with State law.''.
Subtitle F--Environmental Quality Incentives Program
SEC. 251. PURPOSES.
Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is
amended--
(1) by striking ``to--'' and all that follows through
``provides--'' and inserting ``provide--'';
(2) by striking ``that face the most serious threats to''
and inserting ``to address environmental needs and provide
benefits to air,'';
(3) by redesignating the subparagraphs (A) through (D) that
follow the matter amended by paragraph (2) of this section as
paragraphs (1) through (4), respectively;
(4) by moving each of such redesignated provisions
2 ems to the left; and
(5) by striking ``farmers and ranchers'' each place
it appears and inserting ``producers''.
SEC. 252. DEFINITIONS.
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1)
is amended--
(1) in paragraph (1)--
(A) by inserting ``non-industrial private forest
land,'' before ``and other land''; and
(B) by striking ``poses a serious threat'' and all
that follows and inserting ``provides increased
environmental benefits to air, soil, water, or related
resources.'';
(2) in paragraph (4), by inserting ``, including non-
industrial private forestry'' before the period; and
(3) in paragraph (5), by striking ``permanent wildlife
habitat,''.
SEC. 253. ESTABLISHMENT AND ADMINISTRATION.
(a) Reauthorization.--Section 1240B(a)(1) of the Food Security Act
of 1985 (16 U.S.C. 3839aa-2(a)(1)) is amended by striking ``2002'' and
inserting ``2011''.
(b) Term of Contracts.--Section 1240B(b)(2) of such Act (16 U.S.C.
3839aa-2(b)(2)) is amended by striking ``not less than 5, nor more than
10, years'' and inserting ``not less than 1 year, nor more than 10
years''.
(c) Structural Practices.--Section 1240B(c)(1)(B) of such Act (16
U.S.C. 3839aa-2(c)(1)(B)) is amended to read as follows:
``(B) achieving the purposes established under this
subtitle.''.
(d) Elimination of Certain Limitations on Eligibility for Cost-
Share Payments.--Section 1240B(e)(1) of such Act (16 U.S.C. 3839aa-
2(e)(1)) is amended--
(1) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(2) in subparagraph (B) (as so redesignated), by striking
``or 3''.
(e) Incentive Payments.--Section 1240B of such Act (16 U.S.C.
3839aa-2) is amended--
(1) in subsection (e)--
(A) in the subsection heading, by striking ``,
Incentive Payments,''; and
(B) by striking paragraph (2); and
(2) by redesignating subsection (f) as subsection (g) and
inserting after subsection (e) the following:
``(f) Farmland Conservation Incentive Payments.--
``(1) In general.--The Secretary may make incentive
payments in an amount and at a rate determined by the Secretary
to be necessary to encourage a producer to perform multiple
land management practices and to promote the enhancement of
soil, water, air, and related resources.
``(2) Special rule.--In determining the amount and rate of
incentive payments, the Secretary may accord great weight to
those practices that include residue, nutrient, pest, invasive
species, and air quality management.''.
SEC. 254. EVALUATION OF OFFERS AND PAYMENTS.
Section 1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa-3)
is amended by striking paragraphs (1) through (3) and inserting the
following:
``(1) aid farmers and ranchers in complying with this title
and Federal and State environmental laws, and encourage
environmental enhancement and conservation; and
``(2) maximize the beneficial usage of animal manure and
other similar soil amendments which improve soil health, tilth,
and water-holding capacity.''.
SEC. 255. DUTIES OF PRODUCERS.
Section 1240D of the Food Security Act of 1985 (16 U.S.C. 3839aa-4)
is amended by striking paragraph (2) and redesignating paragraphs (3)
through (6) as paragraphs (2) through (5), respectively.
SEC. 256. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
Section 1240E(a) of the Food Security Act of 1985 (16 U.S.C.
3839aa-5(a)) is amended by striking ``that incorporates such
conservation practices'' and all that follows and inserting ``that
provides or will continue to provide increased environmental benefits
to air, soil, water, or related resources.''.
SEC. 257. DUTIES OF THE SECRETARY.
Section 1240F of the Food Security Act of 1985 (16 U.S.C. 3839aa-6)
is amended by striking paragraphs (2) and (3) and redesignating
paragraphs (4) and (5) as paragraphs (2) and (3), respectively.
SEC. 258. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$10,000'' and
inserting ``$50,000''; and
(B) in paragraph (2), by striking ``$50,000'' and
inserting ``$200,000'';
(2) in subsection (b), by striking ``the maximization of
environmental benefits per dollar expended and''; and
(3) by striking subsection (c).
SEC. 259. GROUNDWATER CONSERVATION.
Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8)
is amended to read as follows:
``SEC. 1240H. GROUNDWATER CONSERVATION.
``The Secretary may use $67,500,000 of the funds of the Commodity
Credit Corporation in each of fiscal years 2002 through 2011 to provide
cost-share payments and low-interest loans to encourage groundwater
conservation, including irrigation system improvement, and to provide
incentive payments for capping wells, reducing use of water for
irrigation, and switching from irrigation to dryland farming.''.
Subtitle G--Funding and Administration
SEC. 261. REAUTHORIZATION.
Section 1241(a) of the Food Security Act of 1985 (16 U.S.C.
3841(a)) is amended by striking ``2002'' and inserting ``2011''.
SEC. 262. FUNDING.
Section 1241(b)(1) of the Food Security Act of 1985 (16 U.S.C.
3841(b)(1)) is amended--
(1) by striking ``and'' the 1st place it appears;
(2) by striking ``$130,000,000'' and all that follows
through ``2002'' and inserting ``$200,000,000 for fiscal year
2001, and $1,200,000,000 for each of fiscal years 2002 through
2011''.
SEC. 263. ALLOCATION FOR LIVESTOCK PRODUCTION.
Section 1241(b)(2) of the Food Security Act of 1985 (16 U.S.C.
3841(b)(2)) is amended by striking ``2002'' and inserting ``2011''.
SEC. 264. USE OF OTHER AGENCIES.
Section 1242(a) of the Food Security Act of 1985 (16 U.S.C.
3842(a)) is amended to read as follows:
``(a) Principal Agency.--The Secretary shall use the Farm Service
Agency in carrying out subtitles B and C, and subchapter B of chapter
1, and chapters 2 and 4, of subtitle D.''.
SEC. 265. ADMINISTRATION AND TECHNICAL ASSISTANCE.
(a) Broadening of Exception to Acreage Limitation.--Section
1243(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3843(b)(2)) is
amended by striking ``that--'' and all that follows and inserting
``that the action would not adversely affect the local economy of the
county.''.
(b) Rules Governing Provision of Technical Assistance.--Section
1243(d) of the Food Security Act of 1985 (16 U.S.C. 3843(d)) is amended
to read as follows:
``(d) Rules Governing Provision of Technical Assistance.--
``(1) In general.--The Secretary shall provide technical
assistance under this title to a producer eligible for such
assistance, by providing the assistance directly or, at the
option of the producer, through an approved third party if
available.
``(2) Amount.--The Secretary shall determine the amount of
technical assistance to be provided to a producer under this
title, and on making the determination, shall make the amount
available to--
``(A) if the producer has selected an approved
third party to provide the assistance, such approved
third party; or
``(B) otherwise, the Natural Resources Conservation
Service.
``(3) Funding source; limitation.--
``(A) Use of ccc funds.--Subject to subparagraph
(B), the Secretary may use not more than $100,000,000
of funds of the Commodity Credit Corporation for each
of fiscal years 2002 through 2011 to carry out this
subsection.
``(B) Limitation.--The total amount expended under
this subsection for fiscal years 2002 through 2011 may
not exceed $850,000,000.
``(4) Certification of third-party providers.--
``(A) In general.--Not later than 6 months after
the date of the enactment of this Act, the Secretary of
Agriculture shall, by regulation, establish a system
for approving persons to provide technical assistance
pursuant to this title. In the system, the Secretary
shall give priority to a person who has a memorandum of
understanding regarding the provision of technical
assistance in place with the Secretary before the date
of the enactment of this subsection.
``(B) Expertise required.--In prescribing such
regulations, the Secretary shall ensure that persons
with expertise in the technical aspects of conservation
planning, watershed planning, environmental
engineering, including commercial entities, nonprofit
entities, State or local governments or agencies, and
other Federal agencies, are eligible to become approved
providers of such technical assistance.''.
(b) Conforming Amendments.--
(1) Highly erodible land conservation.--Section 1213(e) of
such Act (16 U.S.C. 3812a(e)) is amended to read as follows:
``(e) Technical Assistance.--A producer who is receiving a benefit
under this subtitle shall be eligible to receive technical assistance
in accordance with section 1243(d) throughout the development,
revision, and application of the conservation plan and any conservation
system of the producer.''.
(2) Conservation reserve program.--Section 1233 of such Act
(16 U.S.C. 3833) is amended--
(A) by inserting ``(a) In General.--'' before ``In
return'';
(B) by adding ``and'' at the end of paragraph (1);
(C) by striking ``; and'' at the end of paragraph
(2)(B) and inserting a period;
(D) by striking paragraph (3); and
(E) by adding after and below the end the
following:
``(b) Technical Assistance.--An owner or operator who is receiving
a benefit under this subtitle shall be eligible to receive technical
assistance in accordance with section 1243(d) to assist the owner or
operator in carrying out a contract entered into under section 1232.''.
(3) Wetlands reserve program.--Section 1237C(b) of such Act
(16 U.S.C. 3837c(b)) is amended--
(A) in the subsection heading, by striking ``and
Technical Assistance''; and
(B) by striking paragraph (3) and inserting the
following:
``(2) Technical assistance.--A producer who is receiving a
benefit under this subtitle shall be eligible to receive
technical assistance in accordance with section 1243(d) to
assist the producer in complying with the terms of easements
and restoration cost share agreements under this subchapter.''.
(4) Environmental quality incentives program.--
(A) In general.--Section 1240B of such Act (16
U.S.C. 3839aa-2) is amended--
(i) in subsection (a)(1), by striking
``technical assistance,''; and
(ii) in subsection (e)--
(I) in the subsection heading, by
striking ``and Technical Assistance'';
and
(II) by striking paragraph (3) and
inserting the following:
``(2) Technical assistance.--A producer who is receiving a
benefit under this subtitle shall be eligible to receive
technical assistance in accordance with section 1243(d) to
assist the producer in writing and developing proposals and
plans for contracts under this chapter, and in the
implementation of structural practices and land management
practices covered by such contracts.''.
(B) Conforming amendments.--Section 1241(b) of such
Act (16 U.S.C. 3841(b)) is amended--
(i) in paragraph (1), by striking
``technical assistance,''; and
(ii) in paragraph (2), by striking
``technical assistance'' and all that follows
through ``education'' and inserting ``cost-
share payments and incentive payments''.
Subtitle H--Other Programs
SEC. 271. WILDLIFE HABITAT INCENTIVES PROGRAM.
Section 387(c) of the Federal Agriculture Improvement and Reform
Act of 1996 (16 U.S.C. 3836a(c)) is amended to read as follows:
``(c) Funding.--To carry out this section, there shall be made
available $25,000,000 for each of fiscal years 2002 through 2011, from
funds made available from the Commodity Credit Corporation.''.
SEC. 272. FARMLAND PROTECTION PROGRAM.
Section 388 of the Federal Agriculture Improvement and Reform Act
of 1996 (16 U.S.C. 3830 note) is amended to read as follows:
``(c) Funding.--The Secretary shall use not more than $50,000,000
of the funds of the Commodity Credit Corporation in each of fiscal
years 2002 through 2011 to carry out this section.''.
SEC. 273. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.
(a) Purpose.--Section 1528 of the Agriculture and Food Act of 1981
(16 U.S.C. 3451) is amended--
(1) by striking the section heading and all that follows
through ``Sec. 1528. It is the purpose'' and inserting the
following:
``SEC. 1528. STATEMENT OF PURPOSE.
``It is the purpose''; and
(2) by inserting ``through designated RC&D councils''
before ``in rural areas''.
(b) Definitions.--Section 1529 of such Act (16 U.S.C. 3452) is
amended--
(1) by striking the section heading and all that follows
through ``Sec. 1529. As used in this subtitle--'' and inserting
the following:
``SEC. 1529. DEFINITIONS.
``In this title:'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``RC&D council'' before ``area plan'';
(B) in subparagraph (B), by striking ``through
control of nonpoint sources of pollution'';
(C) in subparagraph (C)--
(i) by striking ``natural resources based''
and inserting ``resource-based'';
(ii) by striking ``development of
aquaculture,'';
(iii) by striking ``and satisfaction'' and
inserting ``satisfaction''; and
(iv) by inserting ``food security, economic
development, and education'' before the
semicolon; and
(D) in subparagraph (D), by striking ``other'' and
inserting ``land management'';
(3) in paragraph (3), by striking ``any State, local unit
of government, or local nonprofit organization'' and inserting
``the designated RC&D council'';
(4) by striking paragraphs (4) through (6) and inserting
the following:
``(4)(A) The term `financial assistance' means the
Secretary may--
``(i) provide funds directly to RC&D councils or
associations of RC&D councils through grants,
cooperative agreements, and interagency agreements that
directly implement RC&D area plans; and
``(ii) may join with other federal agencies through
interagency agreements and other arrangements as needed
to carry out the program's purpose.
``(B) Funds may be used for such things as--
``(i) technical assistance;
``(ii) financial assistance in the form of grants
for planning, analysis and feasibility studies, and
business plans;
``(iii) training and education; and
``(iv) all costs associated with making such
services available to RC&D councils or RC&D
associations.
``(5) The term `RC&D council' means the responsible
leadership of the RC&D area. RC&D councils and associations are
non-profit entities whose members are volunteers and include
local civic and elected officials. Affiliations of RC&D
councils are formed in states and regions.'';
(5) in paragraph (8), by inserting ``and federally
recognized Indian tribes'' before the period;
(6) in paragraph (9), by striking ``works of improvement''
and inserting ``projects'';
(7) by redesignating paragraphs (7) through (9) as
paragraphs (6) through (8), respectively; and
(8) by striking paragraph (10) and inserting the following:
``(9) The term `project' means any action taken by a
designated RC&D council that achieves any of the elements
identified under paragraph (1).''.
(c) Establishment and Scope.--Section 1530 of such Act (16 U.S.C.
3453) is amended--
(1) by striking the section heading and all that follows
through ``Sec. 1530. The Secretary'' and inserting the
following:
``SEC. 1530. ESTABLISHMENT AND SCOPE.
``The Secretary''; and
(2) by striking ``the technical and financial assistance
necessary to permit such States, local units of government, and
local nonprofit organizations'' and inserting ``through
designated RC&D councils the technical and financial assistance
necessary to permit such RC&D Councils''.
(d) Selection of Designated Areas.--Section 1531 of such Act (16
U.S.C. 3454) is amended by striking the section heading and all that
follows through ``Sec. 1531. The Secretary'' and inserting the
following:
``SEC. 1531. SELECTION OF DESIGNATED AREAS.
``The Secretary''.
(e) Authority of Secretary.--Section 1532 of such Act (16 U.S.C.
3455) is amended--
(1) by striking the section heading and all that follows
through ``Sec. 1532. In carrying'' and inserting the following:
``SEC. 1532. AUTHORITY OF SECRETARY.
``In carrying'';
(2) in each of paragraphs (1) and (3)--
(A) by striking ``State, local unit of government,
or local nonprofit organization'' and inserting ``RC&D
council''; and
(B) by inserting ``RC&D council'' before ``area
plan'';
(3) in paragraph (2), by inserting ``RC&D council'' before
``area plans''; and
(4) in paragraph (4), by striking ``States, local units of
government, and local nonprofit organizations'' and inserting
``RC&D councils or affiliations of RC&D councils''.
(f) Technical and Financial Assistance.--Section 1533 of such Act
(16 U.S.C. 3456) is amended--
(1) by striking the section heading and all that follows
through ``Sec. 1533. (a) Technical'' and inserting the
following:
``SEC. 1533. TECHNICAL AND FINANCIAL ASSISTANCE.
``(a) Technical'';
(2) in subsection (a)--
(A) by striking ``State, local unit of government,
or local nonprofit organization to assist in carrying
out works of improvement specified in an'' and
inserting ``RC&D councils or affiliations of RC&D
councils to assist in carrying out a project specified
in a RC&D council'';
(B) in paragraph (1)--
(i) by striking ``State, local unit of
government, or local nonprofit organization''
and inserting ``RC&D council or affiliate'';
and
(ii) by striking ``works of improvement''
each place it appears and inserting
``project'';
(C) in paragraph (2)--
(i) by striking ``works of improvement''
and inserting ``project''; and
(ii) by striking ``State, local unit of
government, or local nonprofit organization''
and inserting ``RC&D council'';
(D) in paragraph (3), by striking ``works of
improvement'' and all that follows and inserting
``project concerned is necessary to accomplish and RC&D
council area plan objective'';
(E) in paragraph (4), by striking ``the works of
improvement provided for in the'' and inserting ``the
project provided for in the RC&D council'';
(F) in paragraph (5), by inserting ``federally
recognized Indian tribe'' before ``or local'' each
place it appears; and
(G) in paragraph (6), by inserting ``RC&D council''
before ``area plan'';
(3) in subsection (b), by striking ``works of improvement''
and inserting ``project''; and
(4) in subsection (c), by striking ``any State, local unit
of government, or local nonprofit organization to carry out
any'' and inserting ``RC&D council to carry out any RC&D
council''.
(g) Resource Conservation and Development Policy Board.--Section
1534(b) of such Act (16 U.S.C. 3457(b)) is amended--
(1) by striking the section heading and all that follows
through ``Sec. 1534. (a) The Secretary'' and inserting the
following:
``SEC. 1534. RESOURCE CONSERVATION AND DEVELOPMENT POLICY BOARD.
``(a) The Secretary''; and
(2) by striking ``seven''.
(h) Program Evaluation.--Section 1535 of such Act (16 U.S.C. 3458)
is amended--
(1) by striking the section heading and all that follows
through ``Sec. 1535. The Secretary'' and inserting the
following:
``SEC. 1535. PROGRAM EVALUATION.
``The Secretary'';
(2) by inserting ``with assistance from RC&D councils''
before ``provided'';
(3) by inserting ``federally recognized Indian tribes,''
before ``local units''; and
(4) by striking ``1986'' and inserting ``2007''.
(i) Limitation on Assistance.--Section 1536 of such Act (16 U.S.C.
3458) is amended by striking the section heading and all that follows
through ``Sec. 1536. The program'' and inserting the following:
``SEC. 1536. LIMITATION ON ASSISTANCE.
``The program''.
(j) Supplemental Authority of the Secretary.--Section 1537 of such
Act (16 U.S.C. 3460) is amended--
(1) by striking the section heading and all that follows
through ``Sec. 1537. The authority'' and inserting the
following:
``SEC. 1537. SUPPLEMENTAL AUTHORITY OF SECRETARY.
``The authority''; and
(2) by striking ``States, local units of government, and
local nonprofit organizations'' and inserting ``RC&D
councils''.
(k) Authorization of Appropriations.--Section 1538 of such Act (16
U.S.C. 3461) is amended--
(1) by striking the section heading and all that follows
through ``Sec. 1538. There are'' and inserting the following:
``SEC. 1537. AUTHORIZATION OF APPROPRIATIONS.
``There are''; and
(2) by striking ``for each of the fiscal years 1996 through
2002''.
SEC. 274. GRASSLAND RESERVE PROGRAM.
Chapter 1 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3830-3837f) is amended by adding at the end the
following:
``Subchapter D--Grassland Reserve Program
``SEC. 1238. GRASSLAND RESERVE PROGRAM.
``(a) Establishment.--The Secretary, acting through the Farm
Service Agency, shall establish a grassland reserve program (referred
to in this subchapter as the `program') to assist owners in restoring
and conserving eligible land described in subsection (c).
``(b) Enrollment Conditions.--
``(1) Maximum enrollment.--The total number of acres
enrolled in the program shall not exceed 2,000,000 acres, not
more than 1,000,000 of which shall be restored grassland, and
not more than 1,000,000 of which shall be virgin (never
cultivated) grassland.
``(2) Methods of enrollment.--The Secretary shall enroll in
the program for a willing owner not less than 100 contiguous
acres of land west of the 90th meridian or not less than 50
contiguous acres of land east of the 90th meridian through 10-
year, 15-year, or 20-year contracts.
``(c) Eligible Land.--Land shall be eligible to be enrolled in the
program if the Secretary determines that--
``(1) the land is natural grass or shrubland; or
``(2) the land--
``(A) is located in an area that has been
historically dominated by natural grass or shrubland;
and
``(B) has potential to serve as habitat for animal
or plant populations of significant ecological value if
the land is restored to natural grass or shrubland.
``SEC. 1238A. CONTRACTS AND AGREEMENTS.
``(a) Requirements of Landowner.--To be eligible to enroll land in
the program, the owner of the land shall--
``(1) agree to comply with the terms of the contract and
related restoration agreements; and
``(2) agree to the suspension of any existing cropland base
and allotment history for the land under any program
administered by the Secretary.
``(b) Terms of Contract.--A contract under subsection (a) shall--
``(1) permit--
``(A) common grazing practices on the land in a
manner that is consistent with maintaining the
viability of natural grass and shrub species indigenous
to that locality;
``(B) haying, mowing, or haying for seed
production, except that such uses shall not be
permitted until after the end of the nesting season for
birds in the local area which are in significant
decline or are conserved pursuant to State or Federal
law, as determined by the Natural Resources
Conservation Service State conservationist; and
``(C) construction of fire breaks and fences,
including placement of the posts necessary for fences;
``(2) prohibit--
``(A) the production of row-crops, fruit trees,
vineyards, or any other agricultural commodity that
requires breaking the soil surface; and
``(B) the conduct of any other activities that
would disturb the surface of the land covered by the
contract, including--
``(i) plowing; and
``(ii) disking; and
``(3) include such additional provisions as the Secretary
determines are appropriate to carry out or facilitate the
administration of this subchapter.
``(c) Ranking Contract Applications.--
``(1) Establishment of criteria.--The Secretary shall
establish criteria to evaluate and rank applications for
contracts under this subchapter.
``(2) Emphasis.--In establishing the criteria, the
Secretary shall emphasize support for native grass and
shrubland, grazing operations, and plant and animal
biodiversity.
``(d) Restoration Agreements.--The Secretary shall prescribe the
terms by which grassland that is subject to a contract under the
program shall be restored. The agreement shall include duties of the
land owner and the Secretary, including the Federal share of
restoration payments and technical assistance.
``(e) Violations.--On the violation of the terms or conditions of a
contract or restoration agreement entered into under this section--
``(1) the contract shall remain in force; and
``(2) the Secretary may require the owner to refund all or
part of any payments received by the owner under this
subchapter, with interest on the payments as determined
appropriate by the Secretary.
``SEC. 1238B. DUTIES OF SECRETARY.
``(a) In General.--In return for the granting of a contract by an
owner under this subchapter, the Secretary shall make contract payments
and payments of the Federal share of restoration and provide technical
assistance to the owner in accordance with this section.
``(b) Contract Payments.--In return for the granting of contract by
an owner under this subchapter, the Secretary shall make annual
contract payments to the owner in an amount that is not more than 75
percent of the grazing value of the land.
``(c) Federal Share of Restoration.--The Secretary shall make
payments to the owner of not more than--
``(1) in the case of virgin (never cultivated) grassland,
90 percent of the costs of carrying out measures and practices
necessary to restore grassland functions and values; or
``(2) in the case of restored grassland, 75 percent of such
costs.
``(d) Technical Assistance.--A landowner who is receiving a benefit
under this subchapter shall be eligible to receive technical assistance
in accordance with section 1243(d) to assist the owner or operator in
carrying out a contract entered into under this subchapter.
``(e) Payments to Others.--If an owner who is entitled to a payment
under this subchapter dies, becomes incompetent, is otherwise unable to
receive the payment, or is succeeded by another person who renders or
completes the required performance, the Secretary shall make the
payment, in accordance with regulations promulgated by the Secretary
and without regard to any other provision of law, in such manner as the
Secretary determines is fair and reasonable in light of all the
circumstances.''.
SEC. 275. FARMLAND STEWARDSHIP PROGRAM.
Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3830-3839bb) is amended by inserting after chapter 1 (and the matter
added by section 274 of this Act) the following:
``CHAPTER 2--FARMLAND STEWARDSHIP PROGRAM
``SEC. 1239. DEFINITIONS.
``In this chapter:
``(1) Agreement.--The terms `farmland stewardship
agreement' and `agreement' mean a stewardship contract
authorized by this chapter.
``(2) Contracting agency.--The term `contracting agency'
means a local conservation district, resource conservation and
development district, local office of the Department of
Agriculture, other participating government agency, or other
nongovernmental organization that is designated by the
Secretary to enter into farmland stewardship agreements on
behalf of the Secretary.
``(3) Eligible agricultural lands.--The term `eligible
agricultural lands' means private lands that are in primarily
native or natural condition or are classified as cropland,
pastureland, grazing lands, timberlands, or other lands as
specified by the Secretary that--
``(A) contain wildlife habitat, wetlands, or other
natural resources; or
``(B) provide benefits to the public at large, such
as--
``(i) conservation of soil, water, and
related resources;
``(ii) water quality protection or
improvement;
``(iii) control of invasive and exotic
species;
``(iv) wetland restoration, protection, and
creation; and
``(v) wildlife habitat development and
protection;
``(vi) preservation of open spaces, or
prime, unique, or other productive farm lands;
and
``(vii) and other similar conservation
purposes.
``(4) Farmland stewardship program; program.--The terms
`Farmland Stewardship Program' and `Program' mean the
conservation program of the Department of Agriculture
established by this chapter.
``SEC. 1239A. ESTABLISHMENT AND PURPOSE OF PROGRAM.
``(a) Establishment.--The Secretary shall establish a conservation
program of the Department of Agriculture, to be known as the Farmland
Stewardship Program, that is designed to more precisely tailor and
target existing conservation programs to the specific conservation
needs and opportunities presented by individual parcels of eligible
agricultural lands.
``(b) Relation to Other Conservation Programs.--Under the Farmland
Stewardship Program, the Secretary may implement, or combine together,
the features of--
``(1) the Wetlands Reserve Program;
``(2) the Wildlife Habitat Incentives Program;
``(3) the Forest Land Enhancement Program;
``(4) the Farmland Protection Program; or
``(5) other conservation programs administered by other
Federal agencies and State and local government entities, where
feasible and with the consent of the administering agency or
government.
``(c) Funding Sources.--
``(1) In general.--The Farmland Stewardship Program and
agreements under the Program shall be funded by the Secretary
using--
``(A) the funding authorities of the conservation
programs that are implemented in whole, or in part,
through the use of agreements or easements; and
``(B) such funds as are provided to carry out the
programs specified in paragraphs (1) through (4) of
subsection (b).
``(2) Cost-sharing.--It shall be a requirement of the
Farmland Stewardship Program that the majority of the funds to
carry out the Program must come from other existing
conservation programs, which may be Federal, State, regional,
local, or private, that are combined into and made a part of an
agreement, or from matching funding contributions made by
State, regional, or local agencies and divisions of government
or from private funding sources.
``(d) Personnel Costs.--The Secretary may use the Natural Resources
Conservation Service to carry out the Farmland Stewardship Program.
``(e) Technical Assistance.--An owner or operator who is receiving
a benefit under this chapter shall be eligible to receive technical
assistance in accordance with section 1243(d) to assist the owner or
operator in carrying out a contract entered into under this chapter.
``SEC. 1239B. USE OF FARMLAND STEWARDSHIP AGREEMENTS.
``(a) Agreements Authorized.--The Secretary shall carry out the
Farmland Stewardship Program by entering into stewardship contracts as
determined by the Secretary, to be known as farmland stewardship
agreements, with the owners or operators of eligible agricultural lands
to maintain and protect for the natural and agricultural resources on
the lands.
``(b) Basic Purposes.--An agreement with the owner or operator of
eligible agricultural lands shall be used--
``(1) to negotiate a mutually agreeable set of guidelines,
practices, and procedures under which conservation practices
will be provided by the owner or operator to protect, maintain,
and, where possible, improve, the natural resources on the
lands covered by the agreement in return for annual payments to
the owner or operator;
``(2) to implement a conservation program or series of
programs where there is no such program or to implement
conservation management activities where there is no such
activity; and
``(3) to expand conservation practices and resource
management activities to a property where it is not possible at
the present time to negotiate or reach agreement on a public
purchase of a fee-simple or less-than-fee interest in the
property for conservation purposes.
``(c) Modification of Other Conservation Program Elements.--If
most, but not all, of the limitations, conditions, and requirements of
a conservation program that is implemented in whole, or in part,
through the Farmland Stewardship Program are met with respect to a
parcel of eligible agricultural lands, and the purposes to be achieved
by the agreement to be entered into for such lands are consistent with
the purposes of the conservation program, then the Secretary may waive
any remaining limitations, conditions, or requirements of the
conservation program that would otherwise prohibit or limit the
agreement.
``(d) State and Local Conservation Priorities.--To the maximum
extent practicable, agreements shall address the conservation
priorities established by the State and locality in which the eligible
agricultural lands are located.
``(e) Watershed Enhancement.--To the extent practicable, the
Secretary shall encourage the development of Farmland Stewardship
Program applications on a watershed basis.
``SEC. 1239C. PARTNERSHIP APPROACH TO PROGRAM.
``(a) Authority of Secretary Exercised Through Partnerships.--The
Secretary may administer agreements under the Farmland Stewardship
Program in partnership with other Federal, State, and local agencies
whose programs are incorporated into the Program under section 1239A.
``(b) Designation and Use of Contracting Agencies.--Subject to
subsection (c), the Secretary may authorize a local conservation
district, resource conservation & development district, nonprofit
organization, or local office of the Department of Agriculture or other
participating government agency to enter into and administer agreements
under the Program as a contracting agency on behalf of the Secretary.
``(c) Conditions on Designation.--The Secretary may designate an
eligible district or office as a contracting agency under subsection
(b) only if the district of office--
``(1) submits a written request for such designation to the
Secretary;
``(2) affirms that it is willing to follow all guidelines
for executing and administering an agreement, as promulgated by
the Secretary;
``(3) demonstrates to the satisfaction of the Secretary
that it has established working relationships with owners and
operators of eligible agricultural lands, and based on the
history of these working relationships, demonstrates that it
has the ability to work with owners and operators of eligible
agricultural lands in a cooperative manner;
``(4) affirms its responsibility for preparing all
documentation for the agreement, negotiating its terms with an
owner or operator, monitoring compliance, making annual reports
to the Secretary, and administering the agreement throughout
its full term; and
``(5) demonstrates to the satisfaction of the Secretary
that it has or will have the necessary staff resources and
expertise to carry out its responsibilities under paragraphs
(3) and (4).
``SEC. 1239D. PARTICIPATION OF OWNERS AND OPERATORS OF ELIGIBLE
AGRICULTURAL LANDS.
``(a) Application and Approval Process.--To participate in the
Farmland Stewardship Program, an owner or operator of eligible
agricultural lands shall--
``(1) submit to the Secretary an application indicating
interest in the Program and describing the owner's or
operator's property, its resources, and their ecological and
agricultural values;
``(2) submit to the Secretary a list of services to be
provided, a management plan to be implemented, or both, under
the proposed agreement;
``(3) if the application and list are accepted by the
Secretary, enter into an agreement that details the services to
be provided, management plan to be implemented, or both, and
requires compliance with the other terms of the agreement.
``(b) Application on Behalf of an Owner or Operator.--A designated
contracting agency may submit the application required by subsection
(a) on behalf of an owner or operator if the contracting agency has
secured the consent of the owner or operator to enter into an
agreement.''.
SEC. 276. SMALL WATERSHED REHABILITATION PROGRAM.
Section 14(h) of the Watershed Protection and Flood Prevention Act
(16 U.S.C. 1012(h)) is amended--
(1) by adding ``and'' at the end of paragraph (1); and
(2) by striking all that follows paragraph (1) and
inserting the following:
``(2) $15,000,000 for fiscal year 2002 and each succeeding
fiscal year.''.
Subtitle I--Availability of Funds
SEC. 281. AVAILABILITY OF FUNDS APPROPRIATED PURSUANT TO THE SOIL
CONSERVATION AND DOMESTIC ALLOTMENT ACT.
Section 6 of the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590f) is amended--
(1) in the 1st undesignated paragraph, by inserting ``(a)''
before ``There'';
(2) in the 2nd undesignated paragraph, by inserting ``(b)''
before ``Appropriations''; and
(3) by adding at the end the following:
``(c) Funds made available to carry out the purposes of this Act
may be used, to the extent determined by the Secretary of Agriculture
to be necessary, by the agency of the Department of Agriculture to
which the funds are appropriated, to provide technical assistance to
owners and operators of land to achieve the objectives of any
conservation program administered by the Secretary of Agriculture.''.
Subtitle K--Repeals
SEC. 291. PROVISIONS OF FOOD SECURITY ACT OF 1985.
(a) Wetlands Mitigation Banking Program.--Section 1222 of the Food
Security Act of 1985 (16 U.S.C. 3822) is amended by striking subsection
(k).
(b) Payment Limitations Under the Conservation Reserve Program.--
Section 1234(f) of such Act (16 U.S.C. 3837d(c)) is amended by striking
paragraph (3).
(c) Base History Provision.--
(1) Repeal.--Section 1236 of such Act (16 U.S.C. 3836) is
repealed.
(2) Conforming amendment.--Section 1232(a)(5) of such Act
(16 U.S.C. 3832(a)(5)) is amended by striking ``in addition to
the remedies provided under section 1236(d),''.
(d) Payment Limitations Under the Wetlands Reserve Program.--
Section 1237D(c) of such Act (16 U.S.C. 3837d(c)) is amended by
striking paragraph (3).
(e) Environmental Easement Program.--
(1) Repeal.--Chapter 3 of subtitle D of title XII of such
Act (16 U.S.C. 3839-3839d) is repealed.
(2) Conforming amendment.--Section 1243(a)(3) of such Act
(16 U.S.C. 3843(a)(3)) is amended by striking ``or 3''.
(f) Conservation Farm Option.--Chapter 5 of subtitle D of title XII
of such Act (16 U.S.C. 3839bb) is repealed.
(g) Tree Planting Initiative.--Section 1256 of such Act (16 U.S.C.
2101 note) is repealed.
TITLE III--TRADE
SEC. 301. MARKET ACCESS PROGRAM.
Section 211(c)(1) of the Agricultural Trade Act of 1978 (7 U.S.C.
5641(c)(1)) is amended--
(1) by striking ``and not more'' and inserting ``not
more'';
(2) by inserting ``and not more than $200,000,000 for each
of fiscal years 2002 through 2011,'' after ``2002''; and
(3) by striking ``2002'' and inserting ``2001''.
SEC. 302. FOOD FOR PROGRESS.
(a) In General.--Subsections (f)(3), (g), (k), and (l)(1) of
section 1110 of the Food Security Act of 1985 (7 U.S.C. 1736o) are each
amended by striking ``2002'' and inserting ``2011''.
(b) Increase in Funding.--Section 1110(l)(1) of the Food Security
Act of 1985 (7 U.S.C. 1736o(l)(1)) is amended by striking ``fiscal year
1999'' and inserting ``fiscal years 2002 through 2011''.
(c) Exclusion From Limitation.--Section 1110(e)(2) of the Food
Security Act of 1985 (7 U.S.C. 1736o(e)(2)) is amended by inserting ``,
and subsection (g) does not apply to such commodities furnished on a
grant basis or on credit terms under title I of the Agricultural Trade
Development Act of 1954'' before the final period.
(d) Transportation Costs.--Section 1110(f)(3) of the Food Security
Act of 1985 (7 U.S.C. 1736o) is amended by striking ``$30,000,000'' and
inserting ``$35,000,000''.
(e) Multiyear Basis.--Section 1110(j) of the Food Security Act of
1985 (7 U.S.C. 17360(j)) is amended--
(1) by striking ``may'' and inserting ``is encouraged'';
and
(2) by inserting ``to'' before ``approved''.
(f) New Provisions.--Section 1110 of the Food Security Act of 1985
(7 U.S.C. 17360) is amended by adding at the end the following:
``(p) The Secretary is encouraged to finalize program agreements
and resource requests for programs under this section before the
beginning of the relevant fiscal year. By November 1 of the relevant
fiscal year, the Secretary shall provide to the Committee on
Agriculture of the House of Representatives, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a list of approved
programs, countries, and commodities, and the total amounts of funds
approved for transportation and administrative costs, under this
section.''.
SEC. 303. EXPORT ENHANCEMENT PROGRAM.
Section 301(e)(1)(G) of the Agricultural Trade Act of 1978 (7
U.S.C. 5651(e)(1)(G)) is amended by inserting ``and for each fiscal
year thereafter through fiscal year 2011'' after ``2002''.
SEC. 304. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
Section 703 of the Agricultural Trade Act of 1978 (7 U.S.C. 5723)
is amended--
(1) by inserting ``(a) Prior Years.--'';
(2) by striking ``2002'' and inserting ``2001''; and
(3) by adding at the end the following new subsection:
``(b) Fiscal 2002 and Later.--For each of fiscal years 2002 through
2011 there are authorized to be appropriated such sums as may be
necessary to carry out this title, and, in addition to any sums so
appropriated, the Secretary shall use $35,000,000 of the funds of, or
an equal value of the commodities of, the Commodity Credit Corporation
to carry out this title.
SEC. 305. EXPORT CREDIT GUARANTEE PROGRAM.
(a) Reauthorization.--Section 211(b)(1) of the Agricultural Trade
Act of 1978 (7 U.S.C. 5641(b)(1)) is amended by striking ``2002'' and
inserting ``2011''.
(b) Processed and High Value Products.--Section 202(k)(1) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5622(k)(1)) is amended by
striking ``, 2001, and 2002'' and inserting ``through 2011''.
SEC. 306. PL 480.
The Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1691 et seq.) is amended--
(1) in section 204(a), by striking ``2002'' each place it
appears and inserting ``2011'';
(2) in section 208(f), by striking ``2002'' and inserting
``2011'';
(3) in section 407(c)(4), by striking ``2001 and 2002'' and
inserting ``2001 through 2011'';
(4) in section 408, by striking ``2002'' and inserting
``2011''; and
(5) in section 501(c), by striking ``2002'' and inserting
``2011''.
SEC. 307. EMERGING MARKETS.
Section 1542 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5622n) is amended in subsections (a) and
(d)(1)(A)(i), by striking ``2002'' and inserting ``2011''.
SEC. 308. BILL EMERSON HUMANITARIAN TRUST.
Subsections (b)(2)(i), (h)(1), and (h)(2) of section 302 of the
Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1) are each amended
by striking ``2002'' and inserting ``2011''.
SEC. 309. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
(a) Establishment.--The Secretary of Agriculture shall establish an
export assistance program (referred to in this section as the
``program'') to address unique barriers that prohibit or threaten the
export of United States specialty crops.
(b) Purpose.--The program shall provide direct assistance through
public and private sector projects and technical assistance to remove,
resolve, or mitigate sanitary and phytosanitary and related barriers to
trade.
(c) Priority.--The program shall address time sensitive and
strategic market access projects based on--
(1) trade effect on market retention, market access, and
market expansion; and
(2) trade impact.
(d) Funding.--The Secretary shall make available $3,000,000 for
each of fiscal years 2002 through 2011 of the funds of, or an equal
value of commodities owned by, the Commodity Credit Corporation.
TITLE IV--NUTRITION PROGRAMS
Subtitle A--Food Stamp Program
SEC. 401. SIMPLIFIED DEFINITION OF INCOME.
Section 5(d) of the Food Stamp Act of 1977 (7 U.S.C. 2014(d)) is
amended--
(1) in paragraph (3)--
(A) by striking ``and (C)'' and inserting ``(C)'';
and
(B) by inserting after ``premiums,'' the following:
``(D) to the extent that any other educational loans on which payment
is deferred, grants, scholarships, fellowships, veterans' educational
benefits, and the like, are required to be excluded under title XIX of
the Social Security Act, the state agency may exclude it under this
subsection,'';
(2) by striking ``and (15)'' and inserting ``(15)'';
(3) by inserting before the period at the end the
following:
``; (16) any state complementary assistance program payments that are
excluded pursuant to subsections (a) and (b) of section 1931 of title
XIX of the Social Security Act; and (17) at the option of the State
agency, any types of income that the State agency does not consider
when determining eligibility for cash assistance under a program funded
under part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) or medical assistance under section 1931 of the Social Security
Act (42 U.S.C. 1396u-1), except that this paragraph shall not authorize
a State agency to exclude earned income, payments under title I, II,
IV, X, XIV, or XVI of the Social Security Act, or such other types of
income whose consideration the Secretary determines essential to
equitable determinations of eligibility and benefit levels except to
the extent that those types of income may be excluded under other
paragraphs of this subsection''.
SEC. 402. STANDARD DEDUCTION.
Section 5(e)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(1))
is amended--
(1) by striking ``of $134, $229, $189, $269, and $118'' and
inserting ``equal to 9.7 percent of the eligibility limit
established under section 5(c)(1) for fiscal year 2002 but not
more than 9.25 percent of the eligibility limit established
under section 5(c)(1) for a household of six nor less than
$134, $229, $189, $269, and $118''; and
(2) by inserting before the period at the end the
following:
``, except that the standard deduction for Guam shall be
determined with reference to 2 times the eligibility limits
under section 5(c)(1) for the 48 contiguous states and the
District of Columbia''.
SEC. 403. TRANSITIONAL FOOD STAMPS FOR FAMILIES MOVING FROM WELFARE.
(a) In General.--Section 11 of the Food Stamp Act of 1977 (7 U.S.C.
2020) is amended by adding at the end the following:
``(s) Transitional Benefits Option.--
``(1) In general.--A State may provide transitional food
stamp benefits to a household that is no longer eligible to
receive cash assistance under a State program funded under part
A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.).
``(2) Transitional benefits period.--Under paragraph (1), a
household may continue to receive food stamp benefits for a
period of not more than 6 months after the date on which cash
assistance is terminated.
``(3) Amount.--During the transitional benefits period
under paragraph (2), a household shall receive an amount equal
to the allotment received in the month immediately preceding
the date on which cash assistance is terminated. A household
receiving benefits under this subsection may apply for
recertification at any time during the transitional benefit
period. If a household reapplies, its allotment shall be
determined without regard to this subsection for all subsequent
months.
``(4) Determination of future eligibility.--In the final
month of the transitional benefits period under paragraph (2),
the State agency may--
``(A) require a household to cooperate in a
redetermination of eligibility to receive an
authorization card; and
``(B) renew eligibility for a new certification
period for the household without regard to whether the
previous certification period has expired.
``(5) Limitation.--A household sanctioned under section 6,
or for a failure to perform an action required by Federal,
State, or local law relating to such cash assistance program,
shall not be eligible for transitional benefits under this
subsection.''.
(b) Conforming Amendments.--(1) Section 3(c) of the Food Stamp Act
of 1977 (7 U.S.C. 2012(c)) is amended by adding at the end the
following: ``The limits in this section may be extended until the end
of any transitional benefit period established under section 11(s).''.
(2) Section 6(c) of the Food Stamp Act of 1977 (7 U.S.C. 2015(c))
is amended by striking ``No household'' and inserting ``Except in a
case in which a household is receiving transitional benefits during the
transitional benefits period under section 11(s), no household''.
SEC. 404. QUALITY CONTROL SYSTEMS.
(a) Targeted Quality Control System.--Section 16(c) of the Food
Stamp Act of 1977 (7 U.S.C. 2025(c)) is amended--
(1) in paragraph (1)(C)--
(A) in the matter preceding clause (i), by
inserting ``the Secretary determines that a 95 percent
statistical probability exists that for the 3d
consecutive year'' after ``year in which''; and
(B) in clause (i)(II)(aa) by striking ``the
national performance measure for the fiscal year'' each
place it appears and inserting ``10 percent'';
(2) in the 1st sentence of paragraph (4)--
(A) by striking ``or claim'' and inserting
``claim''; and
(B) by inserting ``or performance under the
measures established under paragraph (10),'' after
``for payment error,'';
(3) in paragraph (5), by inserting ``to comply with
paragraph (10) and'' before ``to establish'';
(4) in the 1st sentence of paragraph (6), by inserting
``one percentage point more than'' after ``measure that shall
be''; and
(5) by inserting at the end the following:
``(10)(A) In addition to the measures established under paragraph
(1), the Secretary shall measure the performance of State agencies in
each of the following regards--
``(i) compliance with the deadlines established under
paragraphs (3) and (9) of section 11(e); and
``(ii) the percentage of negative eligibility decisions
that are made correctly.
``(B) For each fiscal year, the Secretary shall make excellence
bonus payments of $1,000,000 each to the 5 States with the highest
combined performance in the 2 measures in subparagraph (A) and to the 5
States whose combined performance under the 2 measures in subparagraph
(A) most improved in such fiscal year.
``(C) For any fiscal year in which the Secretary determines that a
95 percent statistical probability exists that a State agency's
performance with respect to any of the 2 performance measures
established in subparagraph (A) is substantially worse than a level the
Secretary deems reasonable, other than for good cause shown, the
Secretary shall investigate that State agency's administration of the
food stamp program. If this investigation determines that the State's
administration has been deficient, the Secretary shall require the
State agency to take prompt corrective action.''.
(b) Implementation.--The amendment made by subsection (a)(5) shall
apply to all fiscal years beginning on or after October 1, 2001. All
other amendments made by this section shall apply to all fiscal years
beginning on or after October 1, 1999.
SEC. 405. SIMPLIFIED APPLICATION AND ELIGIBILITY DETERMINATION SYSTEMS.
Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended
by inserting at the end the following:
``(l) The Secretary shall expend up to $10 million in each fiscal
year to pay 100 percent of the costs of State agencies to develop and
implement simple application and eligibility determination systems.''.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
(a) Employment and Training Programs.--Section 16(h)(1) of the Food
Stamp Act of 1977 (7 U.S.C. 2025(h)(1)) is amended--
(1) in subparagraph (A)(vii) by striking ``fiscal year
2002'' and inserting ``each of the fiscal years 2003 through
2011''; and
(2) in subparagraph (B) by striking ``2002'' and inserting
``2011''.
(b) Cost Allocation.--Section 16(k)(3) of the Food Stamp Act of
1977 (7 U.S.C. 2025(k)(3)) is amended--
(1) in subparagraph (A) by striking ``2002'' and inserting
``2011''; and
(2) in subparagraph (B)(ii) by striking ``2002'' and
inserting ``2011''.
(c) Cash Payment Pilot Projects.--Section 17(b)(1)(B)(vi) of the
Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(vi)) is amended by
striking ``2002'' and inserting ``2011''.
(d) Outreach Demonstration Projects.--Section 17(i)(1)(A) of the
Food Stamp Act of 1977 (7 U.S.C. 2026(i)(1)(A)) is amended by striking
``1992 through 2002'' and inserting ``2003 through 2011''.
(e) Authorization of Appropriations.--Section 18(a)(1) of the Food
Stamp Act of 1977 (7 U.S.C. 2027(a)(1)) is amended by striking`` ``1996
through 2002'' and inserting ``2003 through 2011''.
(f) Puerto Rico.--Section 19(a)(1)(A) of the Food Stamp Act of 1977
(7 U.S.C. 2028(a)(1)(A)) is amended--
(1) in clause (ii) by striking ``and'' at the end;
(2) in clause (iii) by adding ``and'' at the end; and
(3) by inserting after clause (iii) the following:
``(iv) for each of fiscal years 2003 through 2011, the
amount equal to the amount required to be paid under this
subparagraph for the preceding fiscal year, as adjusted by the
percentage by which the thrifty food plan is adjusted under
section 3(o)(4) for the current fiscal year for which the
amount is determined under this clause;''.
(g) Territory of American Samoa.--Section 24 of the Food Stamp Act
of 1977 (7 U.S.C. 2033) is amended by striking ``1996 through 2002''
and inserting ``2003 through 2011''.
(h) Assistance for Community Food Projects.--Section 25(b)(2) of
the Food Stamp Act of 1977 (7 U.S.C. 2034(b)(2)) is amended--
(1) in subparagraph (A) by striking ``and'' at the end;
(2) in subparagraph (B)--
(A) by striking ``2002'' and inserting ``2001'';
and
(B) by adding ``and'' at the end; and
(3) by inserting after subparagraph (B) the following:
``(C) $7,500,000 for each of the fiscal years 2002
through 2011.''.
(i) Availability of Commodities for the Emergency Food Assistance
Program.--Section 27 of the Food Stamp Act of 1977 (7 U.S.C. 2036) is
amended--
(1) in subsection (a)--
(A) by striking ``1997 through 2002'' and inserting
``2002 through 2011''; and
(B) by striking ``$100,000,000'' and inserting
``$140,000,000''; and
(2) by adding at the end the following:
``(c) Use of Funds for Related Costs.--For each of the fiscal years
2002 through 2011, the Secretary shall use $10,000,000 of the funds
made available under subsection (a) to pay for the direct and indirect
costs of the States related to the processing, storing, transporting,
and distributing to eligible recipient agencies of commodities
purchased by the Secretary under such subsection and commodities
secured from other sources, including commodities secured by gleaning
(as defined in section 111 of the Hunger Prevention Act of 1988 (7
U.S.C. 612c note)).''.
(j) Special Effective Date.--The amendments made by subsections (h)
and (i) shall take effect of October 1, 2001.
Subtitle B--Commodity Distribution
SEC. 441. DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL NUTRITION
PROJECTS.
Section 1114(a) of the Agriculture and Food Act of 1981 (7 U.S.C.
1431e) is amended by striking ``2002'' and inserting ``2011''.
SEC. 442. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
The Agriculture and Consumer Protection Act of 1975 (7 U.S.C. 612c
note) is amended--
(1) in section 4(a) by striking ``1991 through 2002'' and
inserting ``2003 through 2011''; and
(2) in subsections (a)(2) and (d)(2) of section 5 by
striking ``1991 through 2002'' and inserting ``2003 through
2011''.
SEC. 443. EMERGENCY FOOD ASSISTANCE.
The 1st sentence of section 204(a)(1) of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7508(a)(1)) is amended--
(1) by striking ``1991 through 2002'' and inserting ``2003
through 2011'';
(2) by striking ``administrative'', and
(3) by inserting ``storage,'' after ``processing,''.
Subtitle C--Miscellaneous Provisions
SEC. 461. HUNGER FELLOWSHIP PROGRAM.
(a) Short Title; Findings.--
(1) Short title.--This section may be cited as the
``Congressional Hunger Fellows Act of 2001''.
(2) Findings.--The Congress finds as follows:
(A) There is a critical need for compassionate
individuals who are committed to assisting people who
suffer from hunger as well as a need for such
individuals to initiate and administer solutions to the
hunger problem.
(B) Bill Emerson, the distinguished late
Representative from the 8th District of Missouri,
demonstrated his commitment to solving the problem of
hunger in a bipartisan manner, his commitment to public
service, and his great affection for the institution
and the ideals of the United States Congress.
(C) George T. (Mickey) Leland, the distinguished
late Representative from the 18th District of Texas,
demonstrated his compassion for those in need, his high
regard for public service, and his lively exercise of
political talents.
(D) The special concern that Mr. Emerson and Mr.
Leland demonstrated during their lives for the hungry
and poor was an inspiration for others to work toward
the goals of equality and justice for all.
(E) These 2 outstanding leaders maintained a
special bond of friendship regardless of political
affiliation and worked together to encourage future
leaders to recognize and provide service to others, and
therefore it is especially appropriate to honor the
memory of Mr. Emerson and Mr. Leland by creating a
fellowship program to develop and train the future
leaders of the United States to pursue careers in
humanitarian service.
(b) Establishment.--There is established as an independent entity
of the legislative branch of the United States Government the
Congressional Hunger Fellows Program (hereinafter in this section
referred to as the ``Program'').
(c) Board of Trustees.--
(1) In general.--The Program shall be subject to the
supervision and direction of a Board of Trustees.
(2) Members of the board of trustees.--
(A) Appointment.--The Board shall be composed of 6
voting members appointed under clause (i) and 1
nonvoting ex officio member designated in clause (ii)
as follows:
(i) Voting members.--(I) The Speaker of the
House of Representatives shall appoint 2
members.
(II) The minority leader of the House of
Representatives shall appoint 1 member.
(III) The majority leader of the Senate
shall appoint 2 members.
(IV) The minority leader of the Senate
shall appoint 1 member.
(ii) Nonvoting member.--The Executive
Director of the program shall serve as a
nonvoting ex officio member of the Board.
(B) Terms.--Members of the Board shall serve a term
of 4 years.
(C) Vacancy.--
(i) Authority of board.--A vacancy in the
membership of the Board does not affect the
power of the remaining members to carry out
this section.
(ii) Appointment of successors.--A vacancy
in the membership of the Board shall be filled
in the same manner in which the original
appointment was made.
(iii) Incomplete term.--If a member of the
Board does not serve the full term applicable
to the member, the individual appointed to fill
the resulting vacancy shall be appointed for
the remainder of the term of the predecessor of
the individual.
(D) Chairperson.--As the first order of business of
the first meeting of the Board, the members shall elect
a Chairperson.
(E) Compensation.--
(i) In general.--Subject to clause (ii),
members of the Board may not receive
compensation for service on the Board.
(ii) Travel.--Members of the Board may be
reimbursed for travel, subsistence, and other
necessary expenses incurred in carrying out the
duties of the program.
(3) Duties.--
(A) Bylaws.--
(i) Establishment.--The Board shall
establish such bylaws and other regulations as
may be appropriate to enable the Board to carry
out this section, including the duties
described in this paragraph.
(ii) Contents.--Such bylaws and other
regulations shall include provisions--
(I) for appropriate fiscal control,
funds accountability, and operating
principles;
(II) to prevent any conflict of
interest, or the appearance of any
conflict of interest, in the
procurement and employment actions
taken by the Board or by any officer or
employee of the Board and in the
selection and placement of individuals
in the fellowships developed under the
program;
(III) for the resolution of a tie
vote of the members of the Board; and
(IV) for authorization of travel
for members of the Board.
(iii) Transmittal to congress.--Not later
than 90 days after the date of the first
meeting of the Board, the Chairperson of the
Board shall transmit to Congress a copy of such
bylaws.
(B) Budget.--For each fiscal year the program is in
operation, the Board shall determine a budget for the
program for that fiscal year. All spending by the
program shall be pursuant to such budget unless a
change is approved by the Board.
(C) Process for selection and placement of
fellows.--The Board shall review and approve the
process established by the Executive Director for the
selection and placement of individuals in the
fellowships developed under the program.
(D) Allocation of funds to fellowships.--The Board
of Trustees shall determine the priority of the
programs to be carried out under this section and the
amount of funds to be allocated for the Emerson and
Leland fellowships.
(d) Purposes; Authority of Program.--
(1) Purposes.--The purposes of the program are--
(A) to encourage future leaders of the United
States to pursue careers in humanitarian service, to
recognize the needs of people who are hungry and poor,
and to provide assistance and compassion for those in
need;
(B) to increase awareness of the importance of
public service; and
(C) to provide training and development
opportunities for such leaders through placement in
programs operated by appropriate organizations or
entities.
(2) Authority.--The program is authorized to develop such
fellowships to carry out the purposes of this section,
including the fellowships described in paragraph (3).
(3) Fellowships.--
(A) In general.--The program shall establish and
carry out the Bill Emerson Hunger Fellowship and the
Mickey Leland Hunger Fellowship.
(B) Curriculum.--
(i) In general.--The fellowships
established under subparagraph (A) shall
provide experience and training to develop the
skills and understanding necessary to improve
the humanitarian conditions and the lives of
individuals who suffer from hunger, including--
(I) training in direct service to
the hungry in conjunction with
community-based organizations through a
program of field placement; and
(II) experience in policy
development through placement in a
governmental entity or nonprofit
organization.
(ii) Focus of bill emerson hunger
fellowship.--The Bill Emerson Hunger Fellowship
shall address hunger and other humanitarian
needs in the United States.
(iii) Focus of mickey leland hunger
fellowship.--The Mickey Leland Hunger
Fellowship shall address international hunger
and other humanitarian needs.
(iv) Workplan.--To carry out clause (i) and
to assist in the evaluation of the fellowships
under paragraph (4), the program shall, for
each fellow, approve a work plan that
identifies the target objectives for the fellow
in the fellowship, including specific duties
and responsibilities related to those
objectives.
(C) Period of fellowship.--
(i) Emerson fellow.--A Bill Emerson Hunger
Fellowship awarded under this paragraph shall
be for no more than 1 year.
(ii) Leland fellow.--A Mickey Leland Hunger
Fellowship awarded under this paragraph shall
be for no more than 2 years.
(D) Selection of fellows.--
(i) In general.--A fellowship shall be
awarded pursuant to a nationwide competition
established by the program.
(ii) Qualification.--A successful applicant
shall be an individual who has demonstrated--
(I) an intent to pursue a career in
humanitarian service and outstanding
potential for such a career;
(II) a commitment to social change;
(III) leadership potential or
actual leadership experience;
(IV) diverse life experience;
(V) proficient writing and speaking
skills; and
(VI) an ability to live in poor or
diverse communities.
(iii) Amount of award.--
(I) In general.--Each individual
awarded a fellowship under this
paragraph shall receive a living
allowance and, subject to subclause
(II), an end-of-service award as
determined by the program.
(II) Requirement for successful
completion of fellowship.--Each
individual awarded a fellowship under
this paragraph shall be entitled to
receive an end-of-service award at an
appropriate rate for each month of
satisfactory service as determined by
the Executive Director.
(iv) Recognition of fellowship award.--
(I) Emerson fellow.--An individual
awarded a fellowship from the Bill
Emerson Hunger Fellowship shall be
known as an ``Emerson Fellow''.
(II) Leland fellow.--An individual
awarded a fellowship from the Mickey
Leland Hunger Fellowship shall be known
as a ``Leland Fellow''.
(4) Evaluation.--The program shall conduct periodic
evaluations of the Bill Emerson and Mickey Leland Hunger
Fellowships. Such evaluations shall include the following:
(A) An assessment of the successful completion of
the work plan of the fellow.
(B) An assessment of the impact of the fellowship
on the fellows.
(C) An assessment of the accomplishment of the
purposes of the program.
(D) An assessment of the impact of the fellow on
the community.
(e) Trust Fund.--
(1) Establishment.--There is established the Congressional
Hunger Fellows Trust Fund (hereinafter in this section referred
to as the ``Fund'') in the Treasury of the United States,
consisting of amounts appropriated to the Fund under subsection
(i), amounts credited to it under paragraph (3), and amounts
received under subsection (g)(3)(A).
(2) Investment of funds.--The Secretary of the Treasury
shall invest the full amount of the Fund. Each investment shall
be made in an interest bearing obligation of the United States
or an obligation guaranteed as to principal and interest by the
United States that, as determined by the Secretary in
consultation with the Board, has a maturity suitable for the
Fund.
(3) Return on investment.--Except as provided in subsection
(f)(2), the Secretary of the Treasury shall credit to the Fund
the interest on, and the proceeds from the sale or redemption
of, obligations held in the Fund.
(f) Expenditures; Audits.--
(1) In general.--The Secretary of the Treasury shall
transfer to the program from the amounts described in
subsection (e)(3) and subsection (g)(3)(A) such sums as the
Board determines are necessary to enable the program to carry
out the provisions of this section.
(2) Limitation.--The Secretary may not transfer to the
program the amounts appropriated to the Fund under subsection
(i).
(3) Use of funds.--Funds transferred to the program under
paragraph (1) shall be used for the following purposes:
(A) Stipends for fellows.--To provide for a living
allowance for the fellows.
(B) Travel of fellows.--To defray the costs of
transportation of the fellows to the fellowship
placement sites.
(C) Insurance.--To defray the costs of appropriate
insurance of the fellows, the program, and the Board.
(D) Training of fellows.--To defray the costs of
preservice and midservice education and training of
fellows.
(E) Support staff.--Staff described in subsection
(g).
(F) Awards.--End-of-service awards under subsection
(d)(3)(D)(iii)(II).
(G) Additional approved uses.--For such other
purposes that the Board determines appropriate to carry
out the program.
(4) Audit by gao.--
(A) In general.--The Comptroller General of the
United States shall conduct an annual audit of the
accounts of the program.
(B) Books.--The program shall make available to the
Comptroller General all books, accounts, financial
records, reports, files, and all other papers, things,
or property belonging to or in use by the program and
necessary to facilitate such audit.
(C) Report to congress.--The Comptroller General
shall submit a copy of the results of each such audit
to the Congress.
(g) Staff; Powers of Program.--
(1) Executive director.--
(A) In general.--The Board shall appoint an
Executive Director of the program who shall administer
the program. The Executive Director shall carry out
such other functions consistent with the provisions of
this section as the Board shall prescribe.
(B) Restriction.--The Executive Director may not
serve as Chairperson of the Board.
(C) Compensation.--The Executive Director shall be
paid at a rate not to exceed the rate of basic pay
payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(2) Staff.--
(A) In general.--With the approval of a majority of
the Board, the Executive Director may appoint and fix
the pay of additional personnel as the Executive
Director considers necessary and appropriate to carry
out the functions of the provisions of this section.
(B) Compensation.--An individual appointed under
subparagraph (A) shall be paid at a rate not to exceed
the rate of basic pay payable for level GS-15 of the
General Schedule.
(3) Powers.--In order to carry out the provisions of this
section, the program may perform the following functions:
(A) Gifts.--The program may solicit, accept, use,
and dispose of gifts, bequests, or devises of services
or property, both real and personal, for the purpose of
aiding or facilitating the work of the program. Gifts,
bequests, or devises of money and proceeds from sales
of other property received as gifts, bequests, or
devises shall be deposited in the Fund and shall be
available for disbursement upon order of the Board.
(B) Experts and consultants.--The program may
procure temporary and intermittent services under
section 3109 of title 5, United States Code, but at
rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay
payable for GS-15 of the General Schedule.
(C) Contract authority.--The program may contract,
with the approval of a majority of the members of the
Board, with and compensate Government and private
agencies or persons without regard to section 3709 of
the Revised Statutes (41 U.S.C. 5).
(D) Other necessary expenditures.--The program
shall make such other expenditures which the program
considers necessary to carry out the provisions of this
section, but excluding project development.
(h) Report.--Not later than December 31 of each year, the Board
shall submit to Congress a report on the activities of the program
carried out during the previous fiscal year, and shall include the
following:
(1) An analysis of the evaluations conducted under
subsection (d)(4) (relating to evaluations of the Emerson and
Leland fellowships and accomplishment of the program purposes)
during that fiscal year.
(2) A statement of the total amount of funds attributable
to gifts received by the program in that fiscal year (as
authorized under subsection (g)(3)(A)), and the total amount of
such funds that were expended to carry out the program that
fiscal year.
(i) Authorization of Appropriations.--There are authorized to be
appropriated $18,000,000 to carry out the provisions of this section.
SEC. 462. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this title, the amendments made by
this title shall take effect on October 1, 2002.
TITLE V--CREDIT
SEC. 501. ELIGIBILITY OF LIMITED LIABILITY COMPANIES FOR FARM OWNERSHIP
LOANS, FARM OPERATING LOANS, AND EMERGENCY LOANS.
(a) Sections 302(a), 311(a), and 321(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1922(a), 1941(a), and 1961(a)) are
each amended by striking ``and joint operations'' each place it appears
and inserting ``joint operations, and limited liability companies''.
(b) Section 321(a) of such Act (7 U.S.C. 1961(a)) is amended by
striking ``or joint operations'' each place it appears and inserting
``joint operations, or limited liability companies''.
SEC. 502. SUSPENSION OF LIMITATION ON PERIOD FOR WHICH BORROWERS ARE
ELIGIBLE FOR GUARANTEED ASSISTANCE.
During the period beginning January 1, 2002, and ending December
31, 2006, section 319(b) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1949(b)) shall have no force or effect.
SEC. 503. ADMINISTRATION OF CERTIFIED LENDERS AND PREFERRED CERTIFIED
LENDERS PROGRAMS.
(a) In General.--Section 331(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981(b)) is amended--
(1) by redesignating paragraphs (2) through (9) as
paragraphs (3) through (10), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) administer the loan guarantee program under section
339(c) through central offices established in States or in
multi-State areas, or through contracts with commercial or
cooperative lenders;''.
(b) Conforming Amendment.--Section 331(c) of such Act (7 U.S.C.
1981(c)) is amended by striking ``(b)(5)'' and inserting ``(b)(6)''.
SEC. 504. SIMPLIFIED LOAN GUARANTEE APPLICATION AVAILABLE FOR LOANS OF
GREATER AMOUNTS.
Section 333A(g)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1983a(g)(1)) is amended by striking ``$50,000'' and
inserting ``$150,000''.
SEC. 505. ELIMINATION OF REQUIREMENT THAT SECRETARY REQUIRE COUNTY
COMMITTEES TO CERTIFY IN WRITING THAT CERTAIN LOAN
REVIEWS HAVE BEEN CONDUCTED.
Section 333 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983) is amended by striking paragraph (2) and redesignating
paragraphs (3) through (5) as paragraphs (2) through (4), respectively.
SEC. 506. AUTHORITY TO REDUCE PERCENTAGE OF LOAN GUARANTEED IF BORROWER
INCOME IS INSUFFICIENT TO SERVICE DEBT.
Section 339 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1989) is amended--
(1) in subsection (c)(4)(A), by inserting ``, except that
the Secretary may guarantee such lesser percentage as the
Secretary determines appropriate of such a loan if the income
of the borrower is less than the income necessary to meet the
requirements of subsection (b)'' before the period; and
(2) in subsection (d)(4)(A), by inserting ``, except that
the Secretary may guarantee such lesser percentage as the
Secretary determines appropriate of such a loan if the income
of the borrower is less than the income necessary to meet the
requirements of subsection (b)'' before the semicolon.
SEC. 507. TIMING OF LOAN ASSESSMENTS.
Section 360(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2006b(a)) is amended by striking ``After an applicant is
determined eligible for assistance under this title by the appropriate
county committee established pursuant to section 332, the'' and
inserting ``The''.
SEC. 508. MAKING AND SERVICING OF LOANS BY PERSONNEL OF STATE, COUNTY,
OR AREA COMMITTEES.
(a) In General.--Subtitle D of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981-2008j) is amended by adding at the end
the following:
``SEC. 376. MAKING AND SERVICING OF LOANS BY PERSONNEL OF STATE,
COUNTY, OR AREA COMMITTEES.
``The Secretary shall employ personnel of a State, county or area
committee established under section 8(b)(5) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C 590h(b)(5)) to make and service
loans under this title to the extent the personnel have been trained to
do so.''.
(b) Inapplicability of Finality Rule.--Section 281(a)(1) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
7001(a)(1)) is amended by inserting ``, except functions performed
pursuant to section 376 of the Consolidated Farm and Rural Development
Act'' before the period.
SEC. 509. ELIGIBILITY OF EMPLOYEES OF STATE, COUNTY, OR AREA COMMITTEE
FOR LOANS AND LOAN GUARANTEES.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981-2008j) is further amended by adding at the end the
following:
``SEC. 377. ELIGIBILITY OF EMPLOYEES OF STATE, COUNTY, OR AREA
COMMITTEE FOR LOANS AND LOAN GUARANTEES.
``The Secretary shall not prohibit an employee of a State, county
or area committee established under section 8(b)(5) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) or an
employee of the Department of Agriculture from obtaining a loan or loan
guarantee under subtitle A, B or C of this title if an office of the
Department of Agriculture other than the office in which the employee
is located determines that the employee is otherwise eligible for the
loan or loan guarantee.''.
SEC. 510. EMERGENCY LOANS IN RESPONSE TO AN ECONOMIC EMERGENCY
RESULTING FROM SHARPLY INCREASING ENERGY COSTS.
(a) Loan Authority.--Section 321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961(a)) is amended--
(1) in each of the 1st and 3rd sentences--
(A) by striking ``a natural disaster in the United
States or by'' and inserting ``a quarantine imposed by
the Secretary under the Plant Protection Act or the
animal quarantine laws (as defined in section 2509 of
the Food, Agriculture, Conservation, and Trade Act of
1990), an economic emergency resulting from sharply
increasing energy costs as described in section 329(b),
a natural disaster in the United States, or''; and
(B) by inserting ``Robert T. Stafford'' before
``Disaster Relief and Emergency Assistance Act''; and
(2) in the 4th sentence--
(A) by striking ``a natural disaster'' and
inserting ``such a quarantine, economic emergency, or
natural disaster''; and
(B) by striking ``by such natural disaster'' and
inserting ``by such quarantine, economic emergency, or
natural disaster''.
(b) Conforming Amendment.--Section 323 of such Act (7 U.S.C. 1963)
is amended--
(1) by inserting ``quarantine,'' before ``natural
disaster''; and
(2) by inserting ``referred to in section 321(a),
including, notwithstanding any other provision of this title,
an economic emergency resulting from sharply increasing energy
costs as described in section 329(b)'' after ``emergency''.
(c) Sharply Increasing Energy Costs.--Section 329 of such Act (7
U.S.C. 1969) is amended--
(1) by striking all that precedes ``Secretary shall'' and
inserting the following:
``SEC. 329. LOSS CONDITIONS.
``(a) In General.--Except as provided in subsection (b), the''; and
(2) by adding after and below the end the following:
``(b) Loss Resulting From Sharply Increasing Energy Costs.--The
Secretary shall make financial assistance under this subtitle available
to any applicant seeking assistance based on an income loss resulting
from sharply increasing energy costs referred to in section 323 if--
``(1) the price of electricity, gasoline, diesel fuel,
natural gas, propane, or other equivalent fuel during any 3-
month period is at least 50 percent greater than the average
price of the same form of energy during the preceding 5 years,
as determined by the Secretary; and
``(2) the income loss of the applicant is directly related
to expenses incurred to prevent livestock mortality, the
degradation of a perishable agricultural commodity, or damage
to a field crop.''.
(c) Maximum Amount of Loan.--Section 324(a) of such Act (7 U.S.C.
1964(a)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) in the case of a loan made in response to a
quarantine or economic emergency referred to in section 321,
exceeds $200,000.''.
SEC. 511. EXTENSION OF AUTHORITY TO CONTRACT FOR SERVICING OF FARMER
PROGRAM LOANS.
Section 331(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1981(d)) is amended--
(1) in the heading by striking ``Temporary''; and
(2) in paragraph (5), by striking ``2002'' and inserting
``2011''.
SEC. 512. AUTHORIZATION FOR LOANS.
Section 346(b)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1994(b)(1)) is amended by striking ``not more than the
following amounts:'' and all that follows and inserting ``such sums as
may be necessary.''.
SEC. 513. RESERVATION OF FUNDS FOR DIRECT OPERATING LOANS FOR BEGINNING
FARMERS AND RANCHERS.
Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(2)(A)(ii)(III)) is amended by
striking ``2000 through 2002'' and inserting ``2002 through 2011''.
SEC. 514. EXTENSION OF INTEREST RATE REDUCTION PROGRAM.
Section 351(a)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1999(a)(2)) is amended by striking ``2002'' and inserting
``2011''.
SEC. 515. INCREASE IN DURATION OF LOANS UNDER DOWN PAYMENT LOAN
PROGRAM.
(a) In General.--Section 310E(b)(3) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1935(b)(3)) is amended by striking
``10'' and inserting ``15''.
(b) Conforming Amendment.--Section 310E(c)(3)(B) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1935(c)(3)(B)) is
amended by striking ``10-year'' and inserting ``15-year''.
SEC. 516. HORSE BREEDER LOANS.
(a) Definition of Horse Breeder.--In this section, the term ``horse
breeder'' means a person that, as of the date of the enactment of this
Act, derives more than 70 percent of the income of the person from the
business of breeding, boarding, raising, training, or selling horses,
during the shorter of--
(1) the 5-year period ending on January 1, 2001; or
(2) the period the person has been engaged in the business.
(b) Loan Authorization.--The Secretary shall make a loan to an
eligible horse breeder to assist the breeder for losses suffered as a
result of mare reproductive loss syndrome.
(c) Eligibility.--A horse breeder shall be eligible for a loan
under this section if the Secretary determines that, as a result of
mare reproductive loss syndrome--
(1) during the period beginning January 1, 2000, and ending
October 1, 2000, or during the period beginning January 1,
2001, and ending October 1, 2001--
(A) 30 percent or more of the mares owned by the
breeder failed to conceive, miscarried, aborted, or
otherwise failed to produce a live healthy foal; or
(B) 30 percent or more of the mares boarded on a
farm owned, operated, or leased by the breeder failed
to conceive, miscarried, aborted, or otherwise failed
to produce a live healthy foal;
(2) during the period beginning January 1, 2000, and ending
on September 30, 2002, the breeder was unable to meet the
financial obligations, or pay the ordinary and necessary
expenses, of the breeder incurred in connection with breeding,
boarding, raising, training, or selling horses; and
(3) the breeder is not able to obtain sufficient credit
elsewhere (within the meaning of section 321(a) of the
Consolidated Farm and Rural Development Act).
(d) Amount.--
(1) In general.--Subject to paragraph (2), the Secretary
shall determine the amount of a loan to be made to a horse
breeder under this section, on the basis of the amount of
losses suffered by the breeder, and the financial needs of the
breeder, as a result of mare reproductive loss syndrome.
(2) Maximum amount.--The amount of a loan made under this
section shall not exceed $500,000.
(e) Term.--
(1) In general.--Subject to paragraph (2), the term for
repayment of a loan made to a horse breeder under this section
shall be determined by the Secretary based on the ability of
the breeder to repay the loan.
(2) Maximum term.--The term of a loan made under this
section shall not exceed 15 years.
(f) Interest Rate.--Interest shall be payable on a loan made under
this section, at the rate prescribed under section 324(b)(1) of the
Consolidated Farm and Rural Development Act.
(g) Security.--Security shall be required on a loan made under this
section, in accordance with section 324(d) of the Consolidated Farm and
Rural Development Act.
(h) Application.--To be eligible to obtain a loan under this
section, a horse breeder shall submit to the Secretary an application
for the loan not later than September 30, 2002.
(i) Funding.--The Secretary shall carry out this section using
funds available for emergency loans under subtitle C of the
Consolidated Farm and Rural Development Act.
(j) Termination.--The authority provided by this section shall
terminate on September 30, 2003.
TITLE VI--RURAL DEVELOPMENT
SEC. 601. FUNDING FOR RURAL LOCAL TELEVISION BROADCAST SIGNAL LOAN
GUARANTEES.
Section 1011(a) of the Launching Our Communities' Access to Local
Television Act of 2000 (title X of H.R. 5548, as enacted by section
1(a)(2) of Public Law 106-553) is amended by adding at the end the
following: ``In addition, a total of $200,000,000 of the funds of the
Commodity Credit Corporation shall be available during fiscal years
2002 through 2006, without fiscal year limitation, for loan guarantees
under this title.''.
SEC. 602. VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT GRANTS.
Section 231(a)(1) of the Agricultural Risk Protection Act of 2000
(Public Law 106-224; 7 U.S.C. 1621 note) is amended by striking ``Of
the amount made available under section 261(a)(2), $15,000,000 shall be
used by the Secretary'' and inserting ``For each of the fiscal years
2002 through 2011, the Secretary shall use $50,000,000 of funds of the
Commodity Credit Corporation''.
SEC. 603. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
(a) Purposes.--The purposes of this section are to carry out a
demonstration program under which agricultural producers are provided--
(1) technical assistance, including engineering services,
applied research, scale production, and similar services to
enable the producers to establish businesses for further
processing of agricultural products;
(2) marketing, market development, and business planning;
(3) overall organizational, outreach, and development
assistance to increase the viability, growth, and
sustainability of value-added agricultural businesses.
(b) Nature of Program.--The Secretary of Agriculture (in this
section referred to as the ``Secretary'') shall--
(1) make grants to eligible applicants for the purposes of
enabling the applicants to obtain the assistance described in
subsection (a); and
(2) provide assistance to eligible applicants through the
research and technical services of the Department of
Agriculture.
(c) Eligibility Requirements.--
(1) In general.--An applicant shall be eligible for a grant
and assistance described in subsection (b) to establish an
Agriculture Innovation Center if--
(A) the applicant--
(i) has provided services similar to those
described in subsection (a); or
(ii) shows the capability of providing the
services;
(B) the application of the applicant for the grant
and assistance sets forth a plan, in accordance with
regulations which shall be prescribed by the Secretary,
outlining support of the applicant in the agricultural
community, the technical and other expertise of the
applicant, and the goals of the applicant for
increasing and improving the ability of local producers
to develop markets and processes for value-added
agricultural products;
(C) the applicant demonstrates that resources (in
cash or in kind) of definite value are available, or
have been committed to be made available, to the
applicant, to increase and improve the ability of local
producers to develop markets and processes for value-
added agricultural products; and
(D) the applicant meets the requirement of
paragraph (2).
(2) Board of directors.--The requirement of this paragraph
is that the applicant shall have a board of directors comprised
of representatives of the following groups:
(A) The 2 general agricultural organizations with
the greatest number of members in the State in which
the applicant is located.
(B) The Department of Agriculture or similar State
organization or department, for the State.
(C) Organizations representing the 4 highest
grossing commodities produced in the State, according
to annual gross cash sales.
(d) Grants and Assistance.--
(1) In general.--Subject to subsection (g), the Secretary
shall make annual grants to eligible applicants under this
section, each of which grants shall not exceed the lesser of--
(A) $1,000,000; or
(B) twice the dollar value of the resources (in
cash or in kind) that the applicant has demonstrated
are available, or have been committed to be made
available, to the applicant in accordance with
subsection (c)(1)(C).
(2) Initial limitation.--In the first year of the
demonstration program under this section, the Secretary shall
make grants under this section, on a competitive basis, to not
more than 5 eligible applicants.
(3) Expansion of demonstration program.--In the second year
of the demonstration program under this section, the Secretary
may make grants under this section to not more than 10 eligible
applicants, in addition to any entities to which grants are
made under paragraph (2) for such year.
(4) State limitation.--In the first 3 years of the
demonstration program under this section, the Secretary shall
not make an Agricultural Innovation Center Demonstration
Program grant under this section to more than 1 entity in a
single State.
(e) Use of Funds.--An entity to which a grant is made under this
section may use the grant only for the following purposes, but only to
the extent that the use is not described in section 231(d) of the
Agricultural Risk Protection Act of 2000:
(1) Applied research.
(2) Consulting services.
(3) Hiring of employees, at the discretion of the board of
directors of the entity.
(4) The making of matching grants, each of which shall be
not more than $5,000, to agricultural producers, so long as the
aggregate amount of all such matching grants shall be not more
than $50,000.
(5) Legal services.
(f) Rule of Interpretation.--This section shall not be construed to
prevent a recipient of a grant under this section from collaborating
with any other institution with respect to activities conducted using
the grant.
(g) Availability of Funds.--Of the amount made available under
section 231(a)(1) of the Agricultural Risk Protection Act of 2000
(Public Law 106-224; 7 U.S.C. 1621 note), the Secretary shall use to
carry out this section--
(1) not less than $5,000,000 for fiscal year 2002; and
(2) not less than $10,000,000 for each of the fiscal years
2003 and 2004.
(h) Report on Best Practices.--
(1) Effects on the agricultural sector.--The Secretary
shall utilize $300,000 per year of the funds made available
pursuant to this section to support research at any university
into the effects of value-added projects on agricultural
producers and the commodity markets. The research should
systematically examine possible effects on demand for
agricultural commodities, market prices, farm income, and
Federal outlays on commodity programs using linked, long-term,
global projections of the agricultural sector.
(2) Department of agriculture.--Not later than 3 years
after the first 10 grants are made under this section, the
Secretary shall prepare and submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and to the
Committee on Agriculture of the House of Representatives a
written report on the effectiveness of the demonstration
program conducted under this section at improving the
production of value-added agricultural products and on the
effects of the program on the economic viability of the
producers, which shall include the best practices and
innovations found at each of the Agriculture Innovation Centers
established under the demonstration program under this section,
and detail the number and type of agricultural projects
assisted, and the type of assistance provided, under this
section.
SEC. 604. FUNDING OF COMMUNITY WATER ASSISTANCE GRANT PROGRAM.
(a) Funding.--In each of fiscal years 2002 through 2011, the
Secretary of Agriculture shall use $30,000,000 of the funds of the
Commodity Credit Corporation to carry out section 306A of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926a).
(b) Extension of Program.--Section 306A(i) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926a(i)) is amended by striking
``2002'' and inserting ``2011''.
(c) Miscellaneous Amendments.--Section 306A of such Act (7 U.S.C.
1926a) is amended--
(1) in the heading by striking emergency'';
(2) in subsection (a)(1)--
(A) by striking ``after'' and inserting ``when'';
and
(B) by inserting ``is imminent'' after
``communities''; and
(3) in subsection (c), by striking ``shall--'' and all that
follows and inserting ``shall be a public or private nonprofit
entity.''.
SEC. 605. LOAN GUARANTEES FOR THE FINANCING OF THE PURCHASE OF
RENEWABLE ENERGY SYSTEMS.
Section 4 of the Rural Electrification Act of 1936 (7 U.S.C. 904)
is amended--
(1) by inserting ``(a)'' before ``The Secretary''; and
(2) by adding after and below the end the following:
``(b) Loan Guarantees for the Financing of the Purchase of
Renewable Energy Systems.--The Secretary may provide a loan guarantee,
on such terms and conditions as the Secretary deems appropriate, for
the purpose of financing the purchase of a renewable energy system,
including a wind energy system and anaerobic digestors for the purpose
of energy generation, by any person or individual who is a farmer, a
rancher, or an owner of a small business (as defined by the Secretary)
that is located in a rural area (as defined by the Secretary). In
providing guarantees under this subsection, the Secretary shall give
priority to loans used primarily for power generation on a farm, ranch,
or small business (as so defined).''.
SEC. 606. LOANS AND LOAN GUARANTEES FOR RENEWABLE ENERGY SYSTEMS.
Section 310B(a)(3) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(a)(3)) is amended by inserting ``and other renewable
energy systems including wind energy systems and anaerobic digestors
for the purpose of energy generation'' after ``solar energy systems''.
SEC. 607. RURAL BUSINESS OPPORTUNITY GRANTS.
Section 306(a)(11)(D) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(11)(D)) is amended by striking
``2002'' and inserting ``2011''.
SEC. 608. GRANTS FOR WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
Section 306D(d)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926d(d)(1)) is amended by striking ``and 2002'' and
inserting ``through 2011''.
SEC. 609. RURAL COOPERATIVE DEVELOPMENT GRANTS.
Section 310B(e)(9) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(e)(9)) is amended by striking ``2002'' and inserting
``2011''.
SEC. 610. NATIONAL RESERVE ACCOUNT OF RURAL DEVELOPMENT TRUST FUND.
Section 381E(e)(3)(F) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009d(e)(3)(F)) is amended by striking
``fiscal year 2002'' and inserting ``each of the fiscal years 2002
through 2011''.
SEC. 611. RURAL VENTURE CAPITAL DEMONSTRATION PROGRAM.
Section 381O(b)(3) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009n(b)(3)) is amended by striking ``2002'' and
inserting ``2011''.
SEC. 612. INCREASE IN LIMIT ON CERTAIN LOANS FOR RURAL DEVELOPMENT.
Section 310B(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(a)) is amended by striking ``$25,000,000'' and inserting
``$100,000,000''.
SEC. 613. PILOT PROGRAM FOR DEVELOPMENT AND IMPLEMENTATION OF STRATEGIC
REGIONAL DEVELOPMENT PLANS.
(a) Development.--
(1) Selection of states.--The Secretary of Agriculture (in
this section referred to as the ``Secretary'') shall select 10
States in which to implement strategic regional development
plans developed under this subsection.
(2) Grants.--
(A) Authority.--
(i) In general.--From the funds made
available to carry out this subsection, the
Secretary shall make a matching grant to 1 or
more entities in each State selected under
subsection (a), to develop a strategic regional
development plan that provides for rural
economic development in a region in the State
in which the entity is located.
(ii) Priority.--In making grants under this
subsection, the Secretary shall give priority
to entities that represent a regional coalition
of community-based planning, development,
governmental, and business organizations.
(B) Terms of match.--In order for an entity to be
eligible for a matching grant under this subsection,
the entity shall make a commitment to the Secretary to
provide funds for the development of a strategic
regional development plan of the kind referred to in
subparagraph (A) in an amount that is not less than the
amount of the matching grant.
(C) Limitation.--The Secretary shall not make a
grant under this subsection in an amount that exceeds
$150,000.
(3) Funding.--
(A) In general.--The Secretary shall use $2,000,000
of the funds of the Commodity Credit Corporation in
each of fiscal years 2002 through 2011 to carry out
this subsection.
(B) Availability.--Funds made available pursuant to
subparagraph (A) shall remain available without fiscal
year limitation.
(b) Strategic Planning Implementation.--
(1) The Secretary shall use the authorities provided in the
provisions of law specified in section 793(c)(1)(A)(ii) of the
Federal Agriculture Improvement and Reform Act of 1996 to
implement the strategic regional development plans developed
pursuant to subsection (a) of this section.
(2) Funding.--
(A) In general.--The Secretary shall use
$13,000,000 of the funds of the Commodity Credit
Corporation in each of fiscal years 2002 through 2011
to carry out this subsection.
(B) Availability.--Funds made available pursuant to
subparagraph (A) shall remain available without fiscal
year limitation.
(c) Use of Funds.--The amounts made available under subsections (a)
and (b) may be used as the Secretary deems appropriate to carry out any
provision of this section.
SEC. 614. GRANTS TO NONPROFIT ORGANIZATIONS TO FINANCE THE
CONSTRUCTION, REFURBISHING, AND SERVICING OF
INDIVIDUALLY-OWNED HOUSEHOLD WATER WELL SYSTEMS IN RURAL
AREAS FOR INDIVIDUALS WITH LOW OR MODERATE INCOMES.
(a) In General.--Subtitle A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922-1949) is amended by inserting after
section 306D the following:
``SEC. 306E. GRANTS TO NONPROFIT ORGANIZATIONS TO FINANCE THE
CONSTRUCTION, REFURBISHING, AND SERVICING OF
INDIVIDUALLY-OWNED HOUSEHOLD WATER WELL SYSTEMS IN RURAL
AREAS FOR INDIVIDUALS WITH LOW OR MODERATE INCOMES.
``(a) Definition of Eligible Individual.--In this section, the term
`eligible individual' means an individual who is a member of a
household, the combined income of whose members for the most recent 12-
month period for which the information is available, is not more than
100 percent of the median nonmetropolitan household income for the
State or territory in which the individual resides, according to the
most recent decennial census of the United States.
``(b) Grants.--The Secretary may make grants to private nonprofit
organizations for the purpose of assisting eligible individuals in
obtaining financing for the construction, refurbishing, and servicing
of individual household water well systems in rural areas that are
owned (or to be owned) by the eligible individuals.
``(c) Use of Funds.--A grant made under this section may be--
``(1) used, or invested to provide income to be used, to
carry out subsection (b); and
``(2) used to pay administrative expenses associated with
providing the assistance described in subsection (b).
``(d) Priority in Awarding Grants.--In awarding grants under this
section, the Secretary shall give priority to an applicant that has
substantial expertise and experience in promoting the safe and
productive use of individually-owned household water well systems and
ground water.''.
(b) Effective Date.--The amendment made by this section takes
effect on October 1, 2001.
SEC. 615. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
Subtitle E of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009-2009n) is amended by adding at the end the following:
``SEC. 381P. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
``(a) Rural Area Defined.--In this section, the term `rural area'
means such areas as the Secretary may determine.
``(b) Establishment.--There is established a National Rural
Development Partnership (in this section referred to as the
``Partnership''), which shall be composed of--
``(1) the National Rural Development Coordinating Committee
established in accordance with subsection (c); and
``(2) State rural development councils established in
accordance with subsection (d).
``(c) National Rural Development Coordinating Committee.--
``(1) Composition.--The National Rural Development
Coordinating Committee (in this section referred to as the
``Coordinating Committee'') may be composed of--
``(A) representatives of all Federal departments
and agencies with policies and programs that affect or
benefit rural areas;
``(B) representatives of national associations of
State, regional, local, and tribal governments and
intergovernmental and multi-jurisdictional agencies and
organizations;
``(C) national public interest groups; and
``(D) other national nonprofit organizations that
elect to participate in the activities of the
Coordinating Committee.
``(2) Functions.--The Coordinating Committee may--
``(A) provide support for the work of the State
rural development councils established in accordance
with subsection (d); and
``(B) develop and facilitate strategies to reduce
or eliminate conflicting or duplicative administrative
and regulatory impediments confronting rural areas.
``(d) State Rural Development Councils.--
``(1) Composition.--A State rural development council may--
``(A) be composed of representatives of Federal,
State, local, and tribal governments, and nonprofit
organizations, the private sector, and other entities
committed to rural advancement; and
``(B) have a nonpartisan and nondiscriminatory
membership that is broad and representative of the
economic, social, and political diversity of the State.
``(2) Functions.--A State rural development council may--
``(A) facilitate collaboration among Federal,
State, local, and tribal governments and the private
and non-profit sectors in the planning and
implementation of programs and policies that affect the
rural areas of the State, and to do so in such a way
that provides the greatest degree of flexibility and
innovation in responding to the unique needs of the
State and the rural areas; and
``(B) in conjunction with the Coordinating
Committee, develop and facilitate strategies to reduce
or eliminate conflicting or duplicative administrative
and regulatory impediments confronting the rural areas
of the State.
``(e) Administration of the Partnership.--The Secretary may provide
for any additional support staff to the Partnership as the Secretary
determines to be necessary to carry out the duties of the Partnership.
``(f) Termination.--The authority provided by this section shall
terminate on the date that is 5 years after the date of the enactment
of this section.''.
TITLE VII--RESEARCH AND RELATED MATTERS
Subtitle A--Extensions
SEC. 700. MARKET EXPANSION RESEARCH.
Section 1436(b)(3)(C) of the Food Security Act of 1985 (7 U.S.C.
1632(b)(3)(c)) is amended by striking ``1990'' and inserting ``2011''.
SEC. 701. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
Section 2381(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking ``2002'' and
inserting ``2011''.
SEC. 702. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURAL SCIENCES
EDUCATION.
Section 1417(l) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3152(l)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 703. POLICY RESEARCH CENTERS.
Section 1419A(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3155(d)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 704. HUMAN NUTRITION INTERVENTION AND HEALTH PROMOTION RESEARCH
PROGRAM.
Section 1424(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3174(d)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 705. PILOT RESEARCH PROGRAM TO COMBINE MEDICAL AND AGRICULTURAL
RESEARCH.
Section 1424A(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3174a(d)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 706. NUTRITION EDUCATION PROGRAM.
Section 1425(c)(3) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175(c)(3)) is
amended by striking ``2002'' and inserting ``2011''.
SEC. 707. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH PROGRAMS.
Section 1433(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3195(a)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 708. APPROPRIATIONS FOR RESEARCH ON NATIONAL OR REGIONAL PROBLEMS.
Section 1434(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3196(a)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 709. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES FACILITIES
AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE
UNIVERSITY.
Section 1447(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 710. NATIONAL RESEARCH AND TRAINING CENTENNIAL CENTERS AT 1890
LAND-GRANT INSTITUTIONS.
Sections 1448(a)(1) and (f) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222c(a)(1) and
(f)) are amended by striking ``2002'' each place it appears and
inserting ``2011''.
SEC. 711. HISPANIC-SERVING INSTITUTIONS.
Section 1455(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3241(c)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 712. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL SCIENCE AND
EDUCATION PROGRAMS.
Section 1459A(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 713. UNIVERSITY RESEARCH.
Subsections (a) and (b) of section 1463 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3311(a) and (b)) are amended by striking ``2002'' each place it
appears and inserting ``2011''.
SEC. 714. EXTENSION SERVICE.
Section 1464 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking
``2002'' and inserting ``2011''.
SEC. 715. SUPPLEMENTAL AND ALTERNATIVE CROPS.
Section 1473D(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3319d(a)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 716. AQUACULTURE RESEARCH FACILITIES.
The first sentence of section 1477 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3324) is
amended by striking ``2002'' and inserting ``2011''.
SEC. 717. RANGELAND RESEARCH.
Section 1483(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 718. NATIONAL GENETICS RESOURCES PROGRAM.
Section 1635(b) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5844(b)) is amended by striking ``1995'' and
inserting ``2011''.
SEC. 719. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672(h) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2002'' and
inserting ``2011''.
SEC. 720. NUTRIENT MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.
Section 1672A(g) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925a(g)) is amended by striking ``2002'' and
inserting ``2011''.
SEC. 721. AGRICULTURAL TELECOMMUNICATIONS PROGRAM.
Section 1673(h) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5926(h)) is amended by striking ``2002'' and
inserting ``2011''.
SEC. 722. ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION
REVOLVING FUND.
(a) Authorization of Appropriations.--Section 1664(g)(1) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5908(g)(1)) is amended by striking ``2002'' and inserting ``2011''.
(b) Capitalization.--Section 1664(g)(2) of such Act (7 U.S.C.
5908(g)(2)) is amended by striking ``2002'' and inserting ``2011''.
SEC. 723. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES.
Section 1680(c)(1) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5933(c)(1)) is amended by striking ``2002''
and inserting ``2011''.
SEC. 724. PARTNERSHIPS FOR HIGH-VALUE AGRICULTURAL PRODUCT QUALITY
RESEARCH.
Section 402(g) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7622(g)) is amended by striking
``2002'' and inserting ``2011''.
SEC. 725. BIOBASED PRODUCTS.
(a) Pilot Project.--Section 404(e)(2) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7624(e)(2)) is
amended by striking ``2001'' and inserting ``2011''.
(b) Authorization of Appropriations.--Section 404(h) of such Act (7
U.S.C. 7624(h)) is amended by striking ``2002'' and inserting ``2011''.
SEC. 726. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION COMPETITIVE
GRANTS PROGRAM.
Section 406(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626(e)) is amended by striking
``2002'' and inserting ``2011''.
SEC. 727. INSTITUTIONAL CAPACITY BUILDING GRANTS.
(a) Generally.--Section 535(b)(1) of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note) is amended by
striking ``2000'' and inserting ``2011''.
(b) Authorization of Appropriations.--Section 535(c) of such Act is
amended by striking ``2000'' and inserting ``2011''.
SEC. 728. 1994 INSTITUTION RESEARCH GRANTS.
Section 536(c) of the Equity in Educational Land-Grant Status Act
of 1994 (7 U.S.C. 301 note) is amended by striking ``2002'' and
inserting ``2011''.
SEC. 729. ENDOWMENT FOR 1994 INSTITUTIONS.
The first sentence of section 533(b) of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note) is amended by
striking ``$4,600,000'' and all that follows through the period and
inserting ``such sums as are necessary to carry out this section for
each of fiscal years 1996 through 2011.''.
SEC. 730. PRECISION AGRICULTURE.
Section 403(i) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7623(i)) is amended by striking
``2002'' and inserting ``2011''.
SEC. 731. THOMAS JEFFERSON INITIATIVE FOR CROP DIVERSIFICATION.
Section 405(h) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7625(h)) is amended by striking
``2002'' and inserting ``2011''.
SEC. 732. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT, TRITICALE,
AND BARLEY CAUSED BY FUSARIUM GRAMINEARUM OR BY TILLETIA
INDICA.
Section 408(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7628(e)) is amended by striking
``2002'' and inserting ``2011''.
SEC. 733. OFFICE OF PEST MANAGEMENT POLICY.
Section 614(f) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7653(f)) is amended by striking
``2002'' and inserting ``2011''.
SEC. 734. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND
ECONOMICS ADVISORY BOARD.
Section 1408(h) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123(h)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 735. GRANTS FOR RESEARCH ON PRODUCTION AND MARKETING OF ALCOHOLS
AND INDUSTRIAL HYDROCARBONS FROM AGRICULTURAL COMMODITIES
AND FOREST PRODUCTS.
Section 1419(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3154(d)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 736. BIOMASS RESEARCH AND DEVELOPMENT.
Title III of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
7624 note) is amended--
(1) in section 307(f), by striking ``2005'' and inserting
``2011''; and
(2) in section 310, by striking ``2005'' and inserting
``2011''.
SEC. 737. AGRICULTURAL EXPERIMENT STATIONS RESEARCH FACILITIES.
Section 6(a) of the Research Facilities Act (7 U.S.C. 390d(a)) is
amended by striking ``2002'' and inserting ``2011''.
SEC. 738. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANTS NATIONAL
RESEARCH INITIATIVE.
Subsection (b)(10) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(b)(10)) is amended by striking
``2002'' and inserting ``2011''.
SEC. 739. FEDERAL AGRICULTURAL RESEARCH FACILITIES AUTHORIZATION OF
APPROPRIATIONS.
Section 1431 of the National Agricultural Research, Extension, and
Teaching Policy Act Amendments of 1985 (Public Law 99-198; 99 Stat.
1556) is amended by striking ``2002'' and inserting ``2011''.
Subtitle B--Modifications
SEC. 741. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
(a) Authorization of Appropriations.--Section 534(a)(1)(A) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note)
is amended by striking ``$50,000'' and inserting ``$100,000''.
(b) Withdrawals and Expenditures.--Section 533(c)(4)(A) of such Act
is amended by striking ``section 390(3)'' and all that follows through
``1998))'' and inserting ``section 2(a)(7) of the Tribally Controlled
College or University Assistance Act of 1978)''.
(c) Accreditation.--Section 533(a)(3) of such Act is amended by
striking ``under sections 534 and 535'' and inserting ``under sections
534, 535, and 536''.
(d) 1994 Institutions.--Section 532 of such Act is amended by
striking paragraphs (1) through (30) and inserting the following:
``(1) Bay Mills Community College.
``(2) Blackfeet Community College.
``(3) Cankdeska Cikana Community College.
``(4) College of Menominee Nation.
``(5) Crownpoint Institute of Technology.
``(6) D-Q University.
``(7) Dine College.
``(8) Dull Knife Memorial College.
``(9) Fond du Lac Tribal and Community College.
``(10) Fort Belknap College.
``(11) Fort Berthold Community College.
``(12) Fort Peck Community College.
``(13) Haskell Indian Nations University.
``(14) Institute of American Indian and Alaska Native
Culture and Arts Development.
``(15) Lac Courte Oreilles Ojibwa Community College.
``(16) Leech Lake Tribal College.
``(17) Little Big Horn College.
``(18) Little Priest Tribal College.
``(19) Nebraska Indian Community College.
``(20) Northwest Indian College.
``(21) Oglala Lakota College.
``(22) Salish Kootenai College.
``(23) Sinte Gleska University.
``(24) Sisseton Wahpeton Community College.
``(25) Si Tanka/Huron University.
``(26) Sitting Bull College.
``(27) Southwestern Indian Polytechnic Institute.
``(28) Stone Child College.
``(29) Turtle Mountain Community College.
``(30) United Tribes Technical College.''.
SEC. 742. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
POLICY ACT OF 1977.
Section 1404(4) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3103(4)) is amended--
(1) by striking ``and'' after subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``, or''; and
(3) by adding at the end the following: ``(F) is one of the
1994 Institutions (as defined in section 532 of the Equity in
Educational Land-Grant Status Act of 1994).''.
SEC. 743. AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM ACT OF
1998.
(a) Priority Mission Areas.--Section 401(c)(2) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7621(c)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) alternative fuels and renewable energy
sources.''.
(b) Precision Agriculture.--Section 403 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7623)
is amended--
(1) in subsection (a)(5)(F), by inserting ``(including
improved use of energy inputs)'' after ``farm production
efficiencies''; and
(2) in subsection (d)--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following
new paragraph:
``(4) Improve on farm energy use efficiencies.''.
(c) Thomas Jefferson Initiative for Crop Diversification.--Section
405(a) of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7625(a)) is amended by striking ``and marketing''
and inserting ``, marketing, and efficient use''.
(d) Coordinated Program of Research, Extension, and Education To
Improve Viability of Small- and Medium-Size Dairy, Livestock, and
Poultry Operations.--Section 407(b)(3) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7627(b)(3)) is
amended by inserting ``(including improved use of energy inputs)''
after ``poultry systems that increase efficiencies''.
(e) Support for Research Regarding Diseases of Wheat, Triticale,
and Barley Caused by Fusarium Graminearum or By Tilletia Indica.--
(1) Research grant authorized.--Section 408(a) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7628(a)) is amended to read as follows:
``(a) Research Grant Authorized.--The Secretary of Agriculture may
make grants to consortia of land-grant colleges and universities to
enhance the ability of the consortia to carry out multi-State research
projects aimed at understanding and combating diseases of wheat,
triticale, and barley caused by Fusarium graminearum and related fungi
(referred to in this section as `wheat scab') or by Tilletia indica and
related fungi (referred to in this section as `Karnal bunt').''.
(2) Research components.--Section 408(b) of such Act (7
U.S.C. 7628(b)) is amended--
(A) in paragraph (1), by inserting ``or of Karnal
bunt,'' after ``epidemiology of wheat scab'';
(B) in paragraph (1), by inserting ``, triticale,''
after ``occurring in wheat'';
(C) in paragraph (2), by inserting ``or Karnal
bunt'' after ``wheat scab'';
(D) in paragraph (3)(A), by striking ``and barley
for the presence of'' and inserting ``, triticale, and
barley for the presence of Karnal bunt or of'';
(E) in paragraph (3)(B), by striking ``and barley
infected with wheat scab'' and inserting ``, triticale,
and barley infected with wheat scab or with Karnal
bunt'';
(F) in paragraph (3)(C), by inserting ``wheat
scab'' after ``to render'';
(G) in paragraph (4), by striking ``and barley to
wheat scab'' and inserting ``, triticale, and barley to
wheat scab and to Karnal bunt''; and
(H) in paragraph (5)--
(i) by inserting ``and Karnal bunt'' after
``wheat scab''; and
(ii) by inserting ``, triticale,'' after
``resistant wheat''.
(3) Communications networks.--Section 408(c) of such Act (7
U.S.C. 7628(c)) is amended by inserting ``or Karnal bunt''
after ``wheat scab''.
(4) Technical amendments.--(A) The section heading for
section 408 of such Act is amended by striking ``and barley
caused by fusarium graminearum'' and inserting ``, triticale,
and barley caused by fusarium graminearum or by tilletia
indica''.
(B) The table of sections for such Act is amended by
striking ``and barley caused by fusarium graminearum'' in the
item relating to section 408 and inserting ``, triticale, and
barley caused by Fusarium graminearum or by Tilletia indica''.
SEC. 744. FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT OF 1990.
(a) Agricultural Genome Initiative.--Section 1671(b) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5924(b)) is
amended--
(1) in paragraph (3), by inserting ``pathogens and'' before
``diseases causing economic hardship'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) by redesignating paragraph (7) as paragraph (8); and
(4) by inserting after paragraph (6) the following new
paragraph:
``(7) reducing the economic impact of plant pathogens on
commercially important crop plants; and''.
(b) High-Priority Research and Extension Initiatives.--Section
1672(e) of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 5925) is amended by adding at the end the following new
paragraphs:
``(25) Research to protect the united states food supply
and agriculture from bioterrorism.--Research grants may be made
under this section for the purpose of developing technologies,
which support the capability to deal with the threat of
agricultural bioterrorism.
``(26) Wind erosion research and extension.--Research and
extension grants may be made under this section for the purpose
of validating wind erosion models.
``(27) Crop loss research and extension.--Research and
extension grants may be made under this section for the purpose
of validating crop loss models.
``(28) Land use management research and extension.--
Research and extension grants may be made under this section
for the purposes of evaluating the environmental benefits of
land use management tools such as those provided in the
Farmland Protection Program.
``(29) Water and air quality research and extension.--
Research and extension grants may be made under this section
for the purpose of better understanding agricultural impacts to
air and water quality and means to address them.
``(30) Revenue and insurance tools research and
extension.--Research and extension grants may be made under
this section for the purposes of better understanding the
impact of revenue and insurance tools on farm income.
``(31) Agrotourism research and extension.--Research and
extension grants may be made under this section for the purpose
of better understanding the economic, environmental, and food
systems impacts on agrotourism.
``(32) Harvesting productivity for fruits and vegetables.--
Research and extension grants may be made under this section
for the purpose of improving harvesting productivity for fruits
and vegetables (including citrus), including the development of
mechanical harvesting technologies and effective, economical,
and safe abscission compounds.
``(33) Nitrogen-fixation by plants.--Research and extension
grants may be made under this section for the purpose of
enhancing the nitrogen-fixing ability and efficiency of
legumes, developing new varieties of legumes that fix nitrogen
more efficiently, and developing new varieties of other
commercially important crops that potentially are able to fix
nitrogen.
``(34) Agricultural marketing.--Extension grants may be
made under this section for the purpose of providing education
materials, information, and outreach programs regarding
commodity and livestock marketing strategies for agricultural
producers and for cooperatives and other marketers of any
agricultural commodity, including livestock.
``(35) Environment and private lands research and
extension.--Research and extension grants may be made under
this section for the purpose of researching the use of computer
models to aid in assessment of best management practices on a
watershed basis, working with government, industry, and private
landowners to help craft industry-led solutions to identified
environmental issues, researching and monitoring water, air, or
soil environmental quality to aid in the development of new
approaches to local environmental concerns, and working with
local, State, and federal officials to help craft effective
environmental solutions that respect private property rights
and agricultural production realities.
``(36) Livestock disease research and extension.--Research
and extension grants may be made under this section for the
purpose of identifying possible livestock disease threats,
educating the public regarding livestock disease threats,
training persons to deal with such threats, and conducting
related research.''.
SEC. 745. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
POLICY ACT OF 1977.
(a) National Agricultural Research, Extension, Education, and
Economic Advisory Board.--Section 1408 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123) is
amended--
(1) in subsection (b)(3)--
(A) by redesignating subparagraphs (R) through (DD)
as subparagraphs (S) through (EE), respectively; and
(B) by inserting after subparagraph (Q) the
following new subparagraph:
``(R) 1 member representing a nonland grant college
or university with a historic commitment to research in
the food and agricultural sciences.'';
(2) in subsection (c)(1), by striking ``and land-grant
colleges and universities'' and inserting ``, land-grant
colleges and universities, and the Committee on Agriculture of
the House of Representatives, the Committee on Agriculture,
Nutrition, and Forestry of the Senate, the Subcommittee on
Agriculture, Rural Development, Food and Drug Administration
and Related Agencies of the Committee on Appropriations of the
House of Representatives, and the Subcommittee on Agriculture,
Rural Development and Related Agencies of the Committee on
Appropriations of the Senate''; and
(3) in subsection (d)(1), inserting ``consult with any
appropriate agencies of the Department of Agriculture and''
after ``the Advisory Board shall''.
(b) Grants for Research on Production and Marketing of Alcohols and
Industrial Hydrocarbons From Agricultural Commodities and Forest
Products.--Section 1419 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3154) is amended--
(1) in subsection (a)(2), by inserting ``and animal fats
and oils'' after ``industrial oilseed crops''; and
(2) in subsection (a)(4), by inserting ``or triglycerides''
after ``other industrial hydrocarbons''.
(c) FAS Overseas Intern Program.--Section 1458(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3291(a)) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) establish a program, to be coordinated by the
Cooperative State Research, Education, and Extension Service
and the Foreign Agricultural Service, to place interns from
United States colleges and universities at Foreign Agricultural
Service field offices overseas.''.
SEC. 746. BIOMASS RESEARCH AND DEVELOPMENT.
Title III of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
7624 note) is amended--
(1) in section 302(3), by inserting ``or biodiesel'' after
``such as ethanol'';
(2) in section 303(3), by inserting ``animal byproducts,''
after ``fibers''; and
(3) in section 306(b)(1)--
(A) by redesignating subparagraphs (E) through (J)
as subparagraphs (F) through (K), respectively; and
(B) by inserting after subparagraph (D) the
following new subparagraph:
``(E) an individual affiliated with a livestock
trade association;''.
SEC. 747. BIOTECHNOLOGY RISK ASSESSMENT RESEARCH.
Section 1668 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5921) is amended to read as follows:
``SEC. 1668. BIOTECHNOLOGY RISK ASSESSMENT RESEARCH.
``(a) Purpose.--It is the purpose of this section--
``(1) to authorize and support environmental assessment
research to help identify and analyze environmental effects of
biotechnology; and
``(2) to authorize research to help regulators develop
long-term policies concerning the introduction of such
technology.
``(b) Grant Program.-- The Secretary of Agriculture shall establish
a grant program within the Cooperative State Research, Education, and
Extension Service and the Agricultural Research Service to provide the
necessary funding for environmental assessment research concerning the
introduction of genetically engineered plants and animals into the
environment.
``(c) Types of Research.-- Types of research for which grants may
be made under this section shall include the following:
``(1) Research designed to identify and develop appropriate
management practices to minimize physical and biological risks
associated with genetically engineered animals and plants once
they are introduced into the environment.
``(2) Research designed to develop methods to monitor the
dispersal of genetically engineered animals and plants.
``(3) Research designed to further existing knowledge with
respect to the characteristics, rates and methods of gene
transfer that may occur between genetically engineered plants
and animals and related wild and agricultural organisms.
``(4) Environmental assessment research designed to provide
analysis, which compares the relative impacts of plants and
animals modified through genetic engineering to other types of
production systems.
``(5) Other areas of research designed to further the
purposes of this section.
``(d) Eligibility Requirements.--Grants under this section shall
be--
``(1) made on the basis of the quality of the proposed
research project; and
``(2) available to any public or private research or
educational institution or organization.
``(e) Consultation.--In considering specific areas of research for
funding under this section, the Secretary of Agriculture shall consult
with the Administrator of the Animal and Plant Health Inspection
Service and the National Agricultural Research, Extension, Education,
and Economics Advisory Board.
``(f) Program Coordination.--The Secretary of Agriculture shall
coordinate research funded under this section with the Office of
Research and Development of the Environmental Protection Agency in
order to avoid duplication of research activities.
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
such sums as necessary to carry out this section.
``(2) Withholdings from biotechnology outlays.--The
Secretary of Agriculture shall withhold from outlays of the
Department of Agriculture for research on biotechnology, as
defined and determined by the Secretary, at least one percent
of such amount for the purpose of making grants under this
section for research on biotechnology risk assessment. Except
that, funding from this authorization should be collected and
applied to the maximum extent practicable to risk assessment
research on all categories identified as biotechnology by the
Secretary.''.
SEC. 748. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANTS.
Section 2(a) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i(a)) is amended by adding at the end the
following new paragraph:
``(3) Determination of high priority research.--Research
priorities shall be determined by the Secretary on an annual
basis, taking into account input as gathered by the Secretary
through the National Agricultural Research, Extension,
Education, and Economics Advisory Board.''.
SEC. 749. MATCHING FUNDS REQUIREMENT FOR RESEARCH AND EXTENSION
ACTIVITIES OF 1890 INSTITUTIONS.
Section 1449 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222d) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Matching Formula.--For each of fiscal years 2003 through
2011, the State shall provide matching funds from non-Federal sources.
Such matching funds shall be for an amount equal to not less than 60
percent of the formula funds to be distributed to the eligible
institution, and shall increase by 10 percent each fiscal year
thereafter until fiscal year 2007.'';
(2) by amending subsection (d) to read as follows:
``(d) Waiver Authority.--Notwithstanding subsection (f), the
Secretary may waive the matching funds requirement under subsection (c)
above the 50 percent level for fiscal years 2003 through 2011 for an
eligible institution of a State if the Secretary determines that the
State will be unlikely to satisfy the matching requirement.''; and
(3) by adding at the end the following new subsection:
``(g) Matching Funds Requirement for the Land-Grant Colleges in the
United States Territories.--
``(1) Land-grant colleges of the United States territories,
including the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, the Northern Mariana Islands, American Samoa, and
Micronesia, shall be excluded from the definition of eligible
institution (as defined in subsection (a)(1)).
``(2) Matching formula.--Notwithstanding any other
provision of this subtitle, for fiscal years 2003 through 2011,
the State shall provide matching funds from non-Federal sources
in an amount equal to not less than 50 percent of the formula
funds to be distributed to the eligible institution.
``(3) Waiver authority.--Notwithstanding subsection (f),
the Secretary may waive the matching funds requirements under
subsection (a)(2)(A) for any of fiscal years 2003 through 2011
for an eligible institution of a State if the Secretary
determines that the territory will be unlikely to satisfy the
matching requirement for that fiscal year.''.
SEC. 750. INITIATIVE FOR FUTURE AGRICULTURE AND FOOD SYSTEMS.
(a) Funding.--Section 401(b)(1) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621(b)(1)) is
amended to read as follows:
``(1) In general.--On October 1, 2003, and each October 1
thereafter through September 30, 2011, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer funds into the Account the aggregate of
which shall equal $960,000,000. Such funds shall remain
available until expended and, to the maximum extent
practicable, shall be transferred in equal amounts for each
fiscal year.''.
(b) Availability of Funds.--Section 401(f)(6) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7621(f)(6)) is amended to read as follows:
``(6) Availability of funds.--Funds made available under
this section to the Secretary prior to October 1, 2003, for
grants under this section shall be available to the Secretary
for a 2-year period.''.
SEC. 751. CARBON CYCLE RESEARCH.
Section 221 of the Agricultural Risk Protection Act of 2000 (Public
Law 106-224; 114 Stat. 407) is amended--
(1) in subsection (a), by striking ``Of the amount'' and
all that follows through ``to provide'' and inserting ``To the
extent funds are made available for this purpose, the Secretary
shall provide'';
(2) in subsection (d), by striking ``under subsection (a)''
and inserting ``for this section''; and
(3) by adding at the end the following new subsection:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal years 2002 through 2011 such sums as may be
necessary to carry out this section.''
SEC. 752. DEFINITION OF FOOD AND AGRICULTURAL SCIENCES.
Section 2(3) of the Research Facilities Act (7 U.S.C. 390(2)(3)) is
amended to read as follows:
``(3) Food and agricultural sciences.--The term `food and
agricultural sciences' has the meaning given that term in
section 1404(8) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103(8)).''.
SEC. 753. FEDERAL EXTENSION SERVICE.
Section 3(b)(3) of the Smith-Lever Act (7 U.S.C. 343(b)(3)) is
amended by striking ``$5,000,000'' and inserting ``such sums as are
necessary''.
Subtitle C--Related Matters
SEC. 761. RESIDENT INSTRUCTION AT LAND-GRANT COLLEGES IN UNITED STATES
TERRITORIES.
(a) Purpose.--It is the purpose of this section to promote and
strengthen higher education in the food and agricultural sciences at
agricultural and mechanical colleges located in the Commonwealth of
Puerto Rico, the Virgin Islands of the United States, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, the Federated
States of Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau (hereinafter referred to in this section as
``eligible institutions'') by formulating and administering programs to
enhance teaching programs in agriculture, natural resources, forestry,
veterinary medicine, home economics, and disciplines closely allied to
the food and agriculture production and delivery system.
(b) Grants.--The Secretary shall make competitive grants to those
eligible institutions having a demonstrable capacity to carry out the
teaching of food and agricultural sciences.
(c) Use of Grant Funds.--Grants made under subsection (b) shall be
used to--
(1) strengthen institutional educational capacities,
including libraries, curriculum, faculty, scientific
instrumentation, instruction delivery systems, and student
recruitment and retention, in order to respond to identified
State, regional, national, or international education needs in
the food and agricultural sciences;
(2) attract and support undergraduate and graduate students
in order to educate them in identified areas of national need
to the food and agriculture sciences;
(3) facilitate cooperative initiatives between two or more
eligible institutions or between eligible institutions and
units of State Government, organizational in the private
sector, to maximize the development and use of resources such
as faculty, facilities, and equipment to improve food and
agricultural sciences teaching programs; and
(4) conduct undergraduate scholarship programs to assist in
meeting national needs for training food and agricultural
scientists.
(d) Grant Requirements.--
(1) The Secretary shall ensure that each eligible
institution, prior to receiving grant funds under subsection
(b), shall have a significant demonstrable commitment to higher
educations programs in the food and agricultural sciences and
to each specific subject area for which grant funds under this
subsection are to be used.
(2) The Secretary may require that any grant awarded under
this section contain provisions that require funds to be
targeted to meet the needs identified in section 1402 of the
National Agriculture Research, Extension, and Teaching Policy
Act of 1977.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary for each of the fiscal years
2002 through 2011 to carry out this section.
SEC. 762. DECLARATION OF EXTRAORDINARY EMERGENCY AND RESULTING
AUTHORITIES.
(a) Review of Payment of Compensation.--Section 415(e) of the Plant
Protection Act (7 U.S.C. 7715(e)) is amended by inserting before the
final period the following: ``or review by any officer of the
Government other than the Secretary or the designee of the Secretary''.
(b) Review of Certain Decisions.--
(1) Plant protection act.--Section 442 of the Plant
Protection Act (7 U.S.C. 7772) is amended by adding at the end
following new subsection:
``(f) Secretarial Discretion.--The action of any officer, employee,
or agent of the Secretary in carrying out this section, including
determining the amount of and making any payment authorized to be made
under this section, shall not be subject to review by any officer of
the Government other than the Secretary or the designee of the
Secretary.''.
(2) Other plant and animal pest and disease laws.--Section
11 of the Act of May 29, 1884 (21 U.S.C. 114a; commonly known
as the ``Animal Industry Act'') and the first section of the
Act of September 25, 1981 (7 U.S.C. 147b), are each amended by
adding at the end the following new sentence: ``The action of
any officer, employee, or agent of the Secretary in carrying
out this section, including determining the amount of and
making any payment authorized to be made under this section,
shall not be subject to review by any officer of the Government
other than the Secretary or the designee of the Secretary.''.
(c) Methyl Bromide.--The Plant Protection Act (7 U.S.C. 7701 et
seq.) is amended by inserting after section 418 the following new
section:
``SEC. 419. METHYL BROMIDE.
``(a) In General.--The Secretary, upon request of State, local, or
tribal authorities, shall determine whether methyl bromide treatments
or applications required by State, local, or tribal authorities to
prevent the introduction, establishment, or spread of plant pests
(including diseases) or noxious weeds should be authorized as an
official control or official requirement.
``(b) Administration.--
``(1) Timeline for determination.--The Secretary shall make
the determination required by subsection (a) not later than 90
days after receiving the request for such a determination.
``(2) Regulations.--The promulgation of regulations for and
the administration of this section shall be made without regard
to--
``(A) the notice and comment provisions of section
553 of title 5, United States Code;
``(B) the Statement of Policy of the Secretary of
Agriculture, effective July 24, 1971 (36 Fed. Reg.
13804; relating to notices of proposed rulemaking and
public participation in rulemaking); and
``(C) chapter 35 of title 44, United States Code
(commonly known as the `Paperwork Reduction Act').
``(c) Registry.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall publish, and thereafter
maintain, a registry of State, local, and tribal requirements
authorized by the Secretary under this section.''.
Subtitle D--Repeal of Certain Activities and Authorities
SEC. 771. FOOD SAFETY RESEARCH INFORMATION OFFICE AND NATIONAL
CONFERENCE.
(a) Repeal.--Subsections (b) and (c) of section 615 of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7654(b) and (c)) are repealed.
(b) Conforming Amendments.--
(1) Generally.--Section 615 of such Act is amended--
(A) in the section heading, by striking ``and
national conference'';
(B) by striking ``(a) Food Safety Research
Information Office.--'';
(C) by redesignating paragraphs (1), (2), and (3)
as subsections (a), (b), and (c), respectively, and
moving the margins 2 ems to the left;
(D) in subsection (b) (as so redesignated), by
redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively, and moving the margins 2 ems
to the left; and
(E) in subsection (c) (as so redesignated), by
striking ``this subsection'' and inserting ``this
section''.
(2) Table of sections.--The table of sections for such Act
is amended by striking ``and National Conference'' in the item
relating to section 617.
SEC. 772. REIMBURSEMENT OF EXPENSES UNDER SHEEP PROMOTION, RESEARCH,
AND INFORMATION ACT OF 1994.
Section 617 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (Public Law 105-185; 112 Stat. 607) is repealed.
SEC. 773. NATIONAL GENETIC RESOURCES PROGRAM.
Section 1634 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5843) is repealed.
SEC. 774. NATIONAL ADVISORY BOARD ON AGRICULTURAL WEATHER.
Section 1639 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5853) is repealed.
SEC. 775. AGRICULTURAL INFORMATION EXCHANGE WITH IRELAND.
Section 1420 of the National Agricultural Research, Extension and
Teaching Policy Act Amendments of 1985 (Public Law 99-198; 99 Stat.
1551) is repealed.
SEC. 776. PESTICIDE RESISTANCE STUDY.
Section 1437 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1985 (Public Law 99-198; 99 Stat. 1558) is
repealed.
SEC. 777. EXPANSION OF EDUCATION STUDY.
Section 1438 of the National Agricultural Research, Extension, and
Teaching Policy Act Amendments of 1985 (Public Law 99-198; 99 Stat.
1559) is repealed.
SEC. 778. SUPPORT FOR ADVISORY BOARD.
(a) Repeal.--Section 1412 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3127) is repealed.
(b) Conforming Amendment.--Section 1413(c) of such Act (7 U.S.C.
3128(c)) is amended by striking ``section 1412 of this title and''.
SEC. 779. TASK FORCE ON 10-YEAR STRATEGIC PLAN FOR AGRICULTURAL
RESEARCH FACILITIES.
(a) Repeal.--Section 4 of the Research Facilities Act (7 U.S.C.
390b) is repealed.
(b) Conforming Amendment.--Section 2 of such Act (7 U.S.C. 390) is
amended by striking paragraph (5).
Subtitle E--Agriculture Facility Protection
SEC. 790. ADDITIONAL PROTECTIONS FOR ANIMAL OR AGRICULTURAL
ENTERPRISES, RESEARCH FACILITIES, AND OTHER ENTITIES.
(a) Definitions.--The Research Facilities Act (7 U.S.C. 390 et
seq.) is amended--
(1) by redesignating section 6 as section 7; and
(2) by inserting after section 5 the following new section:
``SEC. 6. ADDITIONAL PROTECTIONS FOR ANIMAL OR AGRICULTURAL
ENTERPRISES, RESEARCH FACILITIES, AND OTHER ENTITIES
AGAINST DISRUPTION.
``(a) Definitions.--For the purposes of this section, the following
definitions apply:
``(1) Animal or agricultural enterprise.--The term `animal
or agricultural enterprise' means any of the following:
``(A) A commercial, governmental, or academic
enterprise that uses animals, plants, or other
biological materials for food or fiber production,
breeding, processing, research, or testing.
``(B) A zoo, aquarium, circus, rodeo, or other
entity that exhibits or uses animals, plants, or other
biological materials for educational or entertainment
purposes.
``(C) A fair or similar event intended to advance
agricultural arts and sciences.
``(D) A facility managed or occupied by an
association, federation, foundation, council, or other
group or entity of food or fiber producers, processors,
or agricultural or biomedical researchers intended to
advance agricultural or biomedical arts and sciences.
``(2) Economic damage.--The term `economic damage' means
the replacement of the following:
``(A) The cost of lost or damaged property
(including all real and personal property) of an animal
or agricultural enterprise.
``(B) The cost of repeating an interrupted or
invalidated experiment.
``(C) The loss of revenue (including costs related
to business recovery) directly related to the
disruption of an animal or agricultural enterprise.
``(D) The cost of the tuition and expenses of any
student to complete an academic program that was
disrupted, or to complete a replacement program, when
the tuition and expenses are incurred as a result of
the damage or loss of the property of an animal or
agricultural enterprise.
``(3) Property of an animal or agricultural enterprise.--
The term `property of an animal or agricultural enterprise'
means real and personal property of or used by any of the
following:
``(A) An animal or agricultural enterprise.
``(B) An employee of an animal or agricultural
enterprise.
``(C) A student attending an academic animal or
agricultural enterprise.
``(4) Disruption.--The term `disruption' does not include
any lawful disruption that results from lawful public,
governmental, or animal or agricultural enterprise employee
reaction to the disclosure of information about an animal or
agricultural enterprise.
``(b) Violation.--A person may not recklessly, knowingly, or
intentionally cause, or contribute to, the disruption of the
functioning of an animal or agricultural enterprise by damaging or
causing the loss of any property of the animal or agricultural
enterprise that results in economic damage, as determined by the
Secretary.
``(c) Assessment of Civil Penalty.--
``(1) In general.--The Secretary may impose on any person
that the Secretary determines violates subsection (b) a civil
penalty in an amount determined under paragraphs (2) and (3).
The civil penalty may be assessed only on the record after an
opportunity for a hearing.
``(2) Recovery of department costs.--The civil penalty
assessed by the Secretary against a person for a violation of
subsection (b) shall be not less than the total cost incurred
by the Secretary for investigation of the violation, conducting
any hearing regarding the violation, and assessing the civil
penalty.
``(3) recovery of economic damage.--In addition to the
amount determined under paragraph (2), the amount of the civil
penalty shall include the an amount not less than the total
cost (or, in the case of knowing or intentional disruption, not
less than 150 percent of the total cost) of the economic damage
incurred by the animal or agricultural enterprise, any employee
of the animal or agricultural enterprise, or any student
attending an academic animal or agricultural enterprise as a
result of the damage or loss of the property of an animal or
agricultural enterprise.
``(d) Identification.--The Secretary shall identify for each civil
penalty assessed under subsection (c), the portion of the amount of the
civil penalty that represents the recovery of Department costs and the
portion that represents the recovery of economic losses.
``(e) Other Factors in Determining Penalty.-- In determining the
amount of a civil penalty under subsection (c), the Secretary shall
consider the following:
``(1) The nature, circumstance, extent, and gravity of the
violation or violations.
``(2) The ability of the injured animal or agricultural
enterprise to continue to operate, costs incurred by the animal
or agricultural enterprise to recover lost business, and the
effect of the violation on earnings of employees of the animal
or agricultural enterprise.
``(3) The interruptions experienced by students attending
an academic animal or agricultural enterprise.
``(4) Whether the violator has previously violated
subsection (a).
``(5) The violator's degree of culpability.
``(f) Fund To Assist Victims of Disruption.--
``(1) Fund established.--There is established in the
Treasury a fund which shall consist of that portion of each
civil penalty collected under subsection (c) that represents
the recovery of economic damages.
``(2) Use of amounts in fund.--The Secretary of Agriculture
shall use amounts in the fund to compensate animal or
agricultural enterprises, employees of an animal or
agricultural enterprise, and student attending an academic
animal or agricultural enterprise for economic losses incurred
as a result of the disruption of the functioning of an animal
or agricultural enterprise in violation of subsection (b).''.
TITLE VIII--FORESTRY INITIATIVES
SEC. 801. REPEAL OF FORESTRY INCENTIVES PROGRAM AND STEWARDSHIP
INCENTIVE PROGRAM.
(a) Repeals.--The Cooperative Forestry Assistance Act of 1978 is
amended by striking section 4 (16 U.S.C. 2103) and section 6 (16 U.S.C.
2103b).
(b) Conforming Amendment.--Section 246(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6962(b)) is amended by
striking paragraph (2).
SEC. 802. ESTABLISHMENT OF FOREST LAND ENHANCEMENT PROGRAM.
(a) Findings.--Congress finds the following:
(1) There is a growing dependence on private nonindustrial
forest lands to supply the necessary market commodities and
nonmarket values, such as habitat for fish and wildlife,
aesthetics, outdoor recreation opportunities, and other forest
resources, required by a growing population.
(2) There is a strong demand for expanded assistance
programs for owners of nonindustrial private forest land since
the majority of the wood supply of the United States comes from
nonindustrial private forest land.
(3) The soil, carbon stores, water and air quality of the
United States can be maintained and improved through good
stewardship of nonindustrial private forest lands.
(4) The products and services resulting from stewardship of
nonindustrial private forest lands provide income and
employment that contribute to the economic health and diversity
of rural communities.
(5) Wildfires threaten human lives, property, forests, and
other resources, and Federal and State cooperation in forest
fire prevention and control has proven effective and valuable,
in that properly managed forest stands are less susceptible to
catastrophic fire, as dramatized by the catastrophic fire
seasons of 1998 and 2000.
(6) Owners of private nonindustrial forest lands are being
faced with increased pressure to convert their forestland to
development and other uses.
(7) Complex, long-rotation forest investments, including
sustainable hardwood management, are often the most difficult
commitment for small, nonindustrial private forest landowners
and, thus, should receive equal consideration under cost-share
programs.
(8) The investment of one Federal dollar in State and
private forestry programs is estimated to leverage $9 on
average from State, local, and private sources.
(b) Purpose.--It is the purpose of this section to strengthen the
commitment of the Department of Agriculture to sustainable forestry and
to establish a coordinated and cooperative Federal, State, and local
sustainable forest program for the establishment, management,
maintenance, enhancement, and restoration of forests on nonindustrial
private forest lands in the United States.
(c) Forest Land Enhancement Program.--The Cooperative Forestry
Assistance Act of 1978 is amended by inserting after section 3 (16
U.S.C. 2102) the following new section 4:
``SEC. 4. FOREST LAND ENHANCEMENT PROGRAM.
``(a) Establishment.--
``(1) Establishment; purpose.--The Secretary shall
establish a Forest Land Enhancement Program (in this section
referred to as the `Program') for the purpose of providing
financial, technical, educational, and related assistance to
State foresters to encourage the long-term sustainability of
nonindustrial private forest lands in the United States by
assisting the owners of such lands in more actively managing
their forest and related resources by utilizing existing State,
Federal, and private sector resource management expertise,
financial assistance, and educational programs.
``(2) Administration.--The Secretary shall carry out the
Program within, and administer the Program through, the Farm
Service Agency.
``(3) Coordination.--The Secretary shall implement the
Program in coordination with State foresters.
``(b) Program Objectives.--In implementing the Program, the
Secretary shall target resources to achieve the following objectives:
``(1) Investment in practices to establish, restore,
protect, manage, maintain, and enhance the health and
productivity of the nonindustrial private forest lands in the
United States for timber, habitat for flora and fauna, water
quality, and wetlands.
``(2) Ensuring that afforestation, reforestation,
improvement of poorly stocked stands, timber stand improvement,
practices necessary to improve seedling growth and survival,
and growth enhancement practices occur where needed to enhance
and sustain the long-term productivity of timber and nontimber
forest resources to help meet future public demand for all
forest resources and provide environmental benefits.
``(3) Reduce the risks and help restore, recover, and
mitigate the damage to forests caused by fire, insects,
invasive species, disease, and damaging weather.
``(4) Increase and enhance carbon sequestration
opportunities.
``(5) Enhance implementation of agroforestry practices.
``(6) Maintain and enhance the forest landbase and leverage
State and local financial and technical assistance to owners
that promote the same conservation and environmental values.
``(c) Eligibility.--
``(1) In general.--An owner of nonindustrial private forest
land is eligible for cost-sharing assistance under the Program
if the owner--
``(A) agrees to develop and implement an individual
stewardship, forest, or stand management plan
addressing site specific activities and practices in
cooperation with, and approved by, the State forester,
state official, or private sector program in
consultation with the State forester;
``(B) agrees to implement approved activities in
accordance with the plan for a period of not less than
10 years, unless the State forester approves a
modification to such plan; and
``(C) meets the acreage restrictions as determined
by the State forester in conjunction with the State
Forest Stewardship Coordinating Committee established under section 19.
``(2) State priorities.--The Secretary, in consultation
with the State forester and the State Forest Stewardship
Coordinating Committee may develop State priorities for cost
sharing under the Program that will promote forest management
objectives in that State.
``(3) Development of plan.--An owner shall be eligible for
cost-share assistance for the development of the individual
stewardship, forest, or stand management plan required by
paragraph (1).
``(d) Approved Activities.--
``(1) Development.--The Secretary, in consultation with the
State Forest Stewardship Coordinating Committee, shall develop
a list of approved forest activities and practices that will be
eligible for cost-share assistance under the Program within
each State.
``(2) Type of activities.--In developing a list of approved
activities and practices under paragraph (1), the Secretary
shall attempt to achieve the establishment, restoration,
management, maintenance, and enhancement of forests and trees
for the following:
``(A) The sustainable growth and management of
forests for timber production.
``(B) The restoration, use, and enhancement of
forest wetlands and riparian areas.
``(C) The protection of water quality and
watersheds through the application of State-developed
forestry best management practices.
``(D) Energy conservation and carbon sequestration
purposes.
``(E) Habitat for flora and fauna.
``(F) The control, detection, and monitoring of
invasive species on forestlands as well as preventing
the spread and providing for the restoration of lands
affected by invasive species.
``(G) Hazardous fuels reduction and other
management activities that reduce the risks and help
restore, recover, and mitigate the damage to forests
caused by fire.
``(H) The development of forest or stand management
plans.
``(I) Other activities approved by the Secretary,
in coordination with the State Forest Stewardship
Coordinating Committee.
``(e) Cooperation.--In implementing the Program, the Secretary
shall cooperate with other Federal, State, and local natural resource
management agencies, institutions of higher education, and the private
sector.
``(f) Reimbursement of Eligible Activities.--
``(1) In general.--The Secretary shall share the cost of
implementing the approved activities that the Secretary
determines are appropriate, in the case of an owner that has
entered into an agreement to place nonindustrial private forest
lands of the owner in the Program.
``(2) Rate.--The Secretary shall determine the appropriate
reimbursement rate for cost-share payments under paragraph (1)
and the schedule for making such payments.
``(3) Maximum.--The Secretary shall not make cost-share
payments under this subsection to an owner in an amount in
excess of 75 percent of the total cost, or a lower percentage
as determined by the State forester, to such owner for
implementing the practices under an approved plan. The maximum
payments to any one owner shall be determined by the Secretary.
``(4) Consultation.--The Secretary shall make
determinations under this subsection in consultation with the
State forester.
``(g) Recapture.--
``(1) In general.--The Secretary shall establish and
implement a mechanism to recapture payments made to an owner in
the event that the owner fails to implement any approved
activity specified in the individual stewardship, forest, or
stand management plan for which such owner received cost-share
payments.
``(2) Additional remedy.--The remedy provided in paragraph
(1) is in addition to any other remedy available to the
Secretary.
``(h) Distribution.--The Secretary shall distribute funds available
for cost sharing under the Program among the States only after giving
appropriate consideration to--
``(1) the total acreage of nonindustrial private forest
land in each State;
``(2) the potential productivity of such land;
``(3) the number of owners eligible for cost sharing in
each State;
``(4) the opportunities to enhance non-timber resources on
such forest lands;
``(5) the anticipated demand for timber and nontimber
resources in each State;
``(6) the need to improve forest health to minimize the
damaging effects of catastrophic fire, insects, disease, or
weather; and
``(7) the need and demand for agroforestry practices in
each State.
``(i) Definitions.--In this section:
``(1) Nonindustrial private forest lands.--The term
`nonindustrial private forest lands' means rural lands, as
determined by the Secretary, that--
``(A) have existing tree cover or are suitable for
growing trees; and
``(B) are owned or controlled by any nonindustrial
private individual, group, association, corporation,
Indian tribe, or other private legal entity (other than
a nonprofit private legal entity) so long as the
individual, group, association, corporation, tribe, or
entity has definitive decision-making authority over
the lands, including through long-term leases and other
land tenure systems, for a period of time long enough
to ensure compliance with the Program.
``(2) Owner.--The term `owner' includes a private
individual, group, association, corporation, Indian tribe, or
other private legal entity (other than a nonprofit private
legal entity) that has definitive decision-making authority
over nonindustrial private forest lands through a long-term
lease or other land tenure systems.
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(4) State forester.--The term `State forester' means the
director or other head of a State Forestry Agency or equivalent
State official.
``(j) Availability of Funds.--The Secretary shall use $150,000,000
of funds of the Commodity Credit Corporation to carry out the Program
during the period beginning on October 1, 2001, and ending on September
30, 2011.''.
SEC. 803. RENEWABLE RESOURCES EXTENSION ACTIVITIES.
(a) Extension and Authorization Increase.--Section 6 of the
Renewable Resources Extension Act of 1978 (16 U.S.C. 1675) is amended--
(1) by striking ``$15,000,000'' and inserting
``$30,000,000''; and
(2) by striking ``2002'' and inserting ``2011''.
(b) Sustainable Forestry Outreach Initiative.--The Renewable
Resources Extension Act of 1978 is amended by inserting after section
5A (16 U.S.C. 1674a) the following new section:
``SEC. 5B. SUSTAINABLE FORESTRY OUTREACH INITIATIVE.
``The Secretary shall establish a program to be known as the
`Sustainable Forestry Outreach Initiative' for the purpose of educating
landowners regarding the following:
``(1) The value and benefits of practicing sustainable
forestry.
``(2) The importance of professional forestry advice in
achieving their sustainable forestry objectives.
``(3) The variety of public and private sector resources
available to assist them in planning for and practicing
sustainable forestry.''.
SEC. 804. ENHANCED COMMUNITY FIRE PROTECTION.
(a) Findings.--Congress finds the following:
(1) The severity and intensity of wildland fires has
increased dramatically over the past few decades as a result of
past fire and land management policies.
(2) The record 2000 fire season is a prime example of what
can be expected if action is not taken.
(3) These wildfires threaten not only the nation's forested
resources, but the thousands of communities intermingled with
the wildlands in the wildland-urban interface.
(4) The National Fire Plan developed in response to the
2000 fire season is the proper, coordinated, and most effective
means to address this wildfire issue.
(5) Whereas adequate authorities exist to tackle the
wildfire issues at the landscape level on Federal lands, there
lacks strong authority to take action on most private lands
where the largest threat to life and property lies.
(6) There is a significant Federal interest in enhancing
community protection from wildfire.
(b) Enhanced Protection.--The Cooperative Forestry Assistance Act
of 1978 is amended by inserting after section 10 (16 U.S.C. 2106) the
following new section:
``SEC. 10A. ENHANCED COMMUNITY FIRE PROTECTION.
``(a) Cooperative Management Related to Wildfire Threats.--The
Secretary may cooperate with State foresters and equivalent State
officials in the management of lands in the United States for the
following purposes:
``(1) Aid in wildfire prevention and control;
``(2) Protect communities from wildfire threats;
``(3) Enhance the growth and maintenance of trees and
forests that promote overall forest health.
``(4) Ensure the continued production of all forest
resources, including timber, outdoor recreation opportunities,
wildlife habitat, and clean water, through conservation of
forest cover on watersheds, shelterbelts, and windbreaks.
``(b) Community and Private Land Fire Assistance Program.--
``(1) Establishment; purpose.--The Secretary shall
establish a Community and Private Land Fire Assistance
program--
``(A) to focus the Federal role in promoting
optimal firefighting efficiency at the Federal, State,
and local levels;
``(B) to augment Federal projects that establish
landscape level protection from wildfires;
``(C) to expand outreach and education programs to
homeowners and communities about fire prevention; and
``(D) to establish defensible space around private
landowners homes and property against wildfires.
``(2) Components.--In coordination with existing
authorities under this Act, the Secretary may undertake on both
Federal and non-Federal lands--
``(A) fuel hazard mitigation and prevention;
``(B) invasive species management;
``(C) multi-resource wildfire planning;
``(D) community protection planning;
``(E) community and landowner education
enterprises, including the program known as FIREWISE;
``(F) market development and expansion;
``(G) improved wood utilization;
``(H) special restoration projects.
``(3) Considerations.--The Secretary shall use local
contract personnel wherever possible to carry out projects
under the Program.
``(c) Authorization of Appropriations.--There are hereby authorized
to be appropriated to the Secretary $35,000,000 for each of fiscal
years 2002 through 2011, and such sums as may be necessary thereafter,
to carry out this section.''.
SEC. 805. INTERNATIONAL FORESTRY PROGRAM.
Section 2405(d) of the Global Climate Change Prevention Act of 1990
(title XXIV of Public Law 101-624; 7 U.S.C. 6704(d)) is amended by
striking ``2002'' and inserting ``2011''.
SEC. 806. LONG-TERM FOREST STEWARDSHIP CONTRACTS FOR HAZARDOUS FUELS
REMOVAL AND IMPLEMENTATION OF NATIONAL FIRE PLAN.
(a) Annual Assessment of Treatment Acreage.--Not later than March 1
of each of fiscal years 2002 through 2006, the Secretary concerned
shall submit to Congress an assessment of the number of acres of
forested Federal lands recommended to be treated during the next fiscal
year using stewardship end result contracts authorized by subsection
(c). The assessment shall be based on the treatment schedules contained
in the report entitled ``Protecting People and Sustaining Resources in
Fire-Adapted Ecosystems'', dated October 13, 2000, and incorporated
into the National Fire Plan. The assessment shall identify the acreage
by condition class, type of treatment, and treatment year to achieve
the restoration goals outlined in the report within 10-, 15-, and 20-
year time periods. The assessment shall also include changes in the
restoration goals based on the effects of fire, hazardous fuel
treatments pursuant to the National Fire Plan, or updates in data.
(b) Funding Recommendation.--The Secretary concerned shall include
in the annual assessment a request for funds sufficient to implement
the recommendations contained in the assessment using stewardship end
result contracts under subsection (c) when the Secretary concerned
determines that the objectives of the National Fire Plan are best
accomplished through forest stewardship end result contracting.
(c) Stewardship End Result Contracting.--
(1) Authority.--Subject to the amount of funds made
available pursuant to subsection (b), the Secretary concerned
may enter into stewardship end result contracts to implement
the National Fire Plan on Federal lands based upon the
stewardship treatment schedules provided in the annual
assessments under subsection (a). The contracting goals and
authorities described in subsections (b) through (f) of section
347 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (as contained in section 101(e) of
division A of Public Law 105-277; 16 U.S.C. 2104 note; commonly
known as the Stewardship End Result Contracting Demonstration
Project) shall apply to contracts entered into under this
subsection, except that the period of the contract shall be 10
years.
(2) Duration.--The authority of the Secretary concerned to
enter into contracts under this subsection expires September
30, 2007.
(d) Status Report.--Beginning with the assessment required under
subsection (a) in 2003, the Secretary concerned shall include in the
annual assessment a status report of the stewardship end result
contracts entered into under the authority of this section.
(e) Definitions.--In this section:
In this Act:
(1) Federal lands.--The term ``Federal lands'' means--
(A) National Forest System lands;
(B) public lands administered by the Secretary of
the Interior, acting through the Bureau of Land
Management; and
(C) Indian lands.
(2) Indian lands.--The term ``Indian lands'' means--
(A) lands held in trust by the United States for
the benefit of an Indian tribe;
(B) lands held by an Indian tribe subject to
restriction by the United States against alienation;
and
(C) lands held by an incorporated Alaska Native
group, regional corporation, or village corporation
under the provisions of the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.).
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture or the designee of
the Secretary of Agriculture with respect to the
Federal lands described in paragraph (1)(A); and
(B) the Secretary of the Interior or the designee
of the Secretary of the Interior with respect to the
Federal lands described in paragraphs (1)(B) and
(1)(C).
SEC. 807. MCINTIRE-STENNIS COOPERATIVE FORESTRY RESEARCH PROGRAM.
It is the sense of Congress to reaffirm the importance of Public
Law 87-88 (16 U.S.C. 582a et seq.), commonly known as the McIntire-
Stennis Cooperative Forestry Act.
TITLE IX--MISCELLANEOUS PROVISIONS
Subtitle A--Tree Assistance Program
SEC. 901. ELIGIBILITY.
(a) Loss.--Subject to the limitation in subsection (b), the
Secretary of Agriculture shall provide assistance, as specified in
section 902, to eligible orchardists that planted trees for commercial
purposes but lost such trees as a result of a natural disaster, as
determined by the Secretary.
(b) Limitation.--An eligible orchardist shall qualify for
assistance under subsection (a) only if such orchardist's tree
mortality, as a result of the natural disaster, exceeds 15 percent
(adjusted for normal mortality).
SEC. 902. ASSISTANCE.
The assistance provided by the Secretary of Agriculture to eligible
orchardists for losses described in section 901 shall consist of
either--
(1) reimbursement of 75 percent of the cost of replanting
trees lost due to a natural disaster, as determined by the
Secretary, in excess of 15 percent mortality (adjusted for
normal mortality); or
(2) at the discretion of the Secretary, sufficient
seedlings to reestablish the stand.
SEC. 903. LIMITATION ON ASSISTANCE.
(a) Limitation.--The total amount of payments that a person shall
be entitled to receive under this subtitle may not exceed $50,000, or
an equivalent value in tree seedlings.
(b) Regulations.--The Secretary of Agriculture shall issue
regulations--
(1) defining the term ``person'' for the purposes of this
subtitle, which shall conform, to the extent practicable, to
the regulations defining the term ``person'' issued under
section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308)
and the Disaster Assistance Act of 1988 (7 U.S.C. 1421 note);
and
(2) prescribing such rules as the Secretary determines
necessary to ensure a fair and reasonable application of the
limitation established under this section.
SEC. 904. DEFINITIONS.
In this subtitle:
(1) Eligible orchardist.--The term ``eligible orchardist''
means a person who produces annual crops from trees for
commercial purposes and owns 500 acres or less of such trees.
(2) Natural disaster.--The term ``natural disaster''
includes plant disease, insect infestation, drought, fire,
freeze, flood, earthquake, and other occurrences, as determined
by the Secretary.
(3) Tree.--The term ``tree'' includes trees, bushes, and
vines.
SEC. 905. DUPLICATIVE PAYMENTS.
The Secretary of Agriculture shall establish guidelines to ensure
that no person receives duplicative payments under this subtitle and
the forestry incentives program, agricultural conservation program, or
other Federal program.
Subtitle B--Other Matters
SEC. 911. HAZARDOUS FUEL REDUCTION GRANTS TO PREVENT WILDFIRE DISASTERS
AND TRANSFORM HAZARDOUS FUELS TO ELECTRIC ENERGY, USEFUL
HEAT, OR TRANSPORTATION FUELS.
(a) Findings.--Congress finds the following:
(1) The damages caused by wildfire disasters have been
equivalent in magnitude to the damage resulting from the
Northridge earthquake, Hurricane Andrew, and the recent
flooding of the Mississippi River and the Red River.
(2) More than 20,000 communities in the United States are
at risk to wildfire and approximately 11,000 of these
communities are located near Federal lands. More than
72,000,000 acres of National Forest System lands and 57,000,000
acres of lands managed by the Secretary of the Interior are at
risk of catastrophic fire in the near future. The accumulation
of heavy forest fuel loads continues to increase as a result of
disease, insect infestations, and drought, further raising the
risk of fire each year.
(3) Modification of forest fuel load conditions through the
removal of hazardous fuels will minimize catastrophic damage
from wildfires, reducing the need for emergency funding to
respond to wildfires and protecting lives, communities,
watersheds, and wildlife habitat.
(4) The hazardous fuels removed from forest lands represent
an abundant renewable resource as well as a significant supply
of biomass for biomass-to-energy facilities.
(b) Hazardous Fuels to Energy Grant Program.--The Secretary
concerned may make a grant to a person that operates a biomass-to-
energy facility to offset the costs incurred to purchase hazardous
fuels from forest lands for use by the facility in the production of
electric energy, useful heat, or transportation fuels. The Secretary
concerned shall select grant recipients on the basis of their planned
purchases of hazardous fuels and the level of anticipated benefits to
reduced wildfire risk.
(c) Grant Amounts.--A grant under this section shall be equal to at
least $5 per ton of hazardous fuels delivered, but not to exceed $10
per ton of hazardous fuels delivered, based on the distance of the
hazardous fuels from the biomass-to-energy facility.
(d) Monitoring of Grant Recipient Activities.--As a condition on a
grant under this section, the grant recipient shall keep such records
as the Secretary concerned may require to fully and correctly disclose
the use of the grant funds and all transactions involved in the
purchase of hazardous fuels derived from forest lands. Upon notice by a
duly authorized representative of the Secretary concerned, the operator
of a biomass-to-energy facility that purchases or uses the resulting
hazardous fuels shall afford the representative reasonable access to
the facility and an opportunity to examine the inventory and records of
the facility.
(e) Monitoring of Effect of Treatments.--The Secretary concerned
shall monitor Federal lands from which hazardous fuels are removed and
sold to a biomass-to-energy facility to determine and document the
reduction in fire hazards on such lands.
(f) Definitions.--In this section:
(1) Biomass-to-energy facility.--The term ``biomass-to-
energy facility'' means a facility that uses forest biomass as
a raw material to produce electric energy, useful heat, or
transportation fuels.
(2) Forest biomass.--The term ``forest biomass'' means
hazardous fuels and biomass accumulations from precommercial
thinnings, slash, and brush on forest lands that do not satisfy
the definition of hazardous fuels.
(3) Hazardous fuels.--The term ``hazardous fuels'' means
any unnaturally excessive accumulation of organic material,
particularly in areas designated as condition class 2 or
condition class 3 (as defined in the report entitled
``Protecting People and Sustainable Resources in Fire-Adapted
Ecosystems'', prepared by the Forest Service, and dated October
13, 2000), on forest lands that the Secretary concerned
determines poses a substantial present or potential hazard to
forest ecosystems, wildlife, human, community, or firefighter
safety in the case of a wildfire, particularly a wildfire in a
drought year.
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture or the designee of
the Secretary of Agriculture with respect to the
National Forest System lands and private lands.
(B) the Secretary of the Interior or the designee
of the Secretary of the Interior with respect to
Federal lands under the jurisdiction of the Secretary
of the Interior and Indian lands.
(g) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 for each fiscal year to carry out this
section.
SEC. 912. BIOENERGY PROGRAM.
Notwithstanding any limitations in the Commodity Credit Corporation
Charter Act (15 U.S.C. 714 et seq.) or part 1424 of title 7, Code of
Federal Regulations, the Commodity Credit Corporation shall designate
animal fats, agricultural byproducts, and oils as eligible agricultural
commodities for use in the Bioenergy Program to promote industrial
consumption of agricultural commodities for the production of ethanol
and biodiesel fuels.
SEC. 913. AVAILABILITY OF SECTION 32 FUNDS.
The 2d undesignated paragraph of section 32 of the Act of August
24, 1935 (Public Law 320; 49 Stat. 774; 7 U.S.C. 612c), is amended by
striking ``$300,000,000'' and inserting ``$500,000,000''.
SEC. 914. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
For each of the fiscal years 2002 through 2011, the Secretary of
Agriculture shall use $15,000,000 of the funds available to the
Commodity Credit Corporation to carry out and expand a seniors farmers'
market nutrition program. The purposes of the seniors farmers' market
nutrition program are--
(1) to provide resources in the form of fresh, nutritious,
unprepared, locally grown fruits, vegetables, and herbs from
farmers' markets, roadside stands and community supported
agriculture programs to low-income seniors;
(2) to increase the domestic consumption of agricultural
commodities by expanding or aiding in the expansion of domestic
farmers' markets, roadside stands, and community supported
agriculture programs; and
(3) to develop or aid in the development of new and
additional farmers' markets, roadside stands, and community
supported agriculture programs.
SEC. 915. FEDERAL MARKETING ORDER FOR CANE BERRIES.
The Secretary of Agriculture shall issue a Federal marketing order
for cane berries grown in the United States.
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