[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2768 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2768

To provide to agricultural producers emergency livestock assistance and 
   assistance for control of grasshoppers and Mormon crickets, with 
                                offsets.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2002

  Mr. Hagel (for himself and Mr. Enzi) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To provide to agricultural producers emergency livestock assistance and 
   assistance for control of grasshoppers and Mormon crickets, with 
                                offsets.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Livestock Assistance Act 
of 2002''.

SEC. 2. ASSISTANCE FOR LIVESTOCK PRODUCERS.

    (a) In General.--Subject to subsection (b), the Secretary shall use 
the funds, facilities, and authorities of the Commodity Credit 
Corporation in an amount equal to $620,000,000 to make and administer 
payments for livestock losses using the criteria established to carry 
out the 1999 Livestock Assistance Program (except for application of 
the national percentage reduction factor) to producers for 2001 and 
2002 losses in a county that has received an emergency designation by 
the President or the Secretary in calendar year 2001 or 2002.
    (b) Prevention of Double Payments.--If a producer is on a farm 
located in a county that received an emergency designation described in 
subsection (a) in each of calendar years 2001 and 2002, the producer 
may receive payments under this section for losses associated with the 
declaration in either calendar year 2001 or calendar year 2002, but not 
both.

SEC. 3. CONTROL OF GRASSHOPPERS AND MORMON CRICKETS.

    (a) In General.--The Secretary shall use $14,000,000 of the funds 
of the Commodity Credit Corporation to control grasshoppers and Mormon 
crickets on Federal, State, and private land during fiscal years 2002 
and 2003, in accordance with section 417 of the Plant Protection Act (7 
U.S.C. 7717).
    (b) Federal Cost Share of Treatment.--Section 417(d) of the Plant 
Protection Act (7 U.S.C. 7717(d)) is amended--
            (1) in paragraph (2), by inserting ``(or, in the case of 
        costs incurred during fiscal years 2002 and 2003, 66.67 
        percent)'' after ``50 percent''; and
            (2) in paragraph (3), by inserting ``(or, in the case of 
        costs incurred during fiscal years 2002 and 2003, 66.67 
        percent)'' after ``33.3 percent''.

SEC. 4. OFFSETS.

    (a) Loan Rates.--Section 1202 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 7932) is amended--
            (1) in subsection (a), by striking ``2002 and 2003 Crop 
        Years.--For purposes of the 2002 and 2003 crop years,'' and 
        inserting ``2002 Crop Year.--For purposes of the 2002 crop 
        year,''; and
            (2) in subsection (b), by striking ``2004 Through 2007 crop 
        Years.--For purposes of the 2004 through 2007 crop years,'' and 
        inserting ``2003 Through 2007 Crop Years.--For purposes of the 
        2003 through 2007 crop years,''.
    (b) Environmental Quality Incentives Program.--
            (1) Allocation of funding.--Section 1240B(g) of the Food 
        Security Act of 1985 (16 U.S.C. 3839aa-2(g)) is amended by 
        striking ``For each of fiscal years 2002 through 2007, 60 
        percent'' and inserting ``For fiscal year 2002 and each of 
        fiscal years 2004 through 2007, 60 percent, and for fiscal year 
        2003, 100 percent,''.
            (2) Fiscal year 2003 funding.--Section 1241(a)(6)(B) of the 
        Food Security Act of 1985 (16 U.S.C. 3841(a)(6)(B)) is amended 
        by striking ``$700,000,000'' and inserting ``$420,000,000''.
    (c) Desert Terminal Lakes.--
            (1) In general.--Section 2507 of the Farm Security and 
        Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 
        107-171) is repealed.
            (2) Rescission.--Funds transferred under that section (as 
        in effect before the amendment made by paragraph (1)) are 
        rescinded.

SEC. 5. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this Act and the amendments made by this 
Act.
    (b) Procedure.--The promulgation of the regulations and 
administration of this Act and the amendments made by this Act 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 
        known as the ``Paperwork Reduction Act'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.
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