[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6083 Reported in House (RH)]
Union Calendar No. 481
112th CONGRESS
2d Session
H. R. 6083
[Report No. 112-669]
To provide for the reform and continuation of agricultural and other
programs of the Department of Agriculture through fiscal year 2017, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2012
Mr. Lucas (for himself and Mr. Peterson) introduced the following bill;
which was referred to the Committee on Agriculture
September 13, 2012
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July 9,
2012]
_______________________________________________________________________
A BILL
To provide for the reform and continuation of agricultural and other
programs of the Department of Agriculture through fiscal year 2017, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal
Agriculture Reform and Risk Management Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary of Agriculture.
TITLE I--COMMODITIES
Subtitle A--Repeals and Reforms
Sec. 1101. Repeal of direct payments.
Sec. 1102. Repeal of counter-cyclical payments.
Sec. 1103. Repeal of average crop revenue election program.
Sec. 1104. Definitions.
Sec. 1105. Base acres.
Sec. 1106. Payment yields.
Sec. 1107. Farm risk management election.
Sec. 1108. Producer agreements.
Sec. 1109. Period of effectiveness.
Subtitle B--Marketing Loans
Sec. 1201. Availability of nonrecourse marketing assistance loans for
loan commodities.
Sec. 1202. Loan rates for nonrecourse marketing assistance loans.
Sec. 1203. Term of loans.
Sec. 1204. Repayment of loans.
Sec. 1205. Loan deficiency payments.
Sec. 1206. Payments in lieu of loan deficiency payments for grazed
acreage.
Sec. 1207. Special marketing loan provisions for upland cotton.
Sec. 1208. Special competitive provisions for extra long staple cotton.
Sec. 1209. Availability of recourse loans for high moisture feed grains
and seed cotton.
Sec. 1210. Adjustments of loans.
Subtitle C--Sugar
Sec. 1301. Sugar program.
Subtitle D--Dairy
Part I--Dairy Producer Margin Protection and Dairy Market Stabilization
Programs
Sec. 1401. Definitions.
Sec. 1402. Calculation of average feed cost and actual dairy producer
margins.
subpart a--dairy producer margin protection program
Sec. 1411. Establishment of dairy producer margin protection program.
Sec. 1412. Participation of dairy producers in margin protection
program.
Sec. 1413. Production history of participating dairy producers.
Sec. 1414. Basic margin protection.
Sec. 1415. Supplemental margin protection.
Sec. 1416. Effect of failure to pay administrative fees or premiums.
subpart b--dairy market stabilization program
Sec. 1431. Establishment of dairy market stabilization program.
Sec. 1432. Threshold for implementation and reduction in dairy producer
payments.
Sec. 1433. Producer milk marketing information.
Sec. 1434. Calculation and collection of reduced dairy producer
payments.
Sec. 1435. Remitting monies to the Secretary and use of monies.
Sec. 1436. Suspension of reduced payment requirement.
Sec. 1437. Enforcement.
Sec. 1438. Audit requirements.
subpart c--commodity credit corporation
Sec. 1451. Use of Commodity Credit Corporation.
subpart d--initiation and duration
Sec. 1461. Rulemaking.
Sec. 1462. Duration.
Part II--Repeal or Reauthorization of Other Dairy-related Provisions
Sec. 1481. Repeal of dairy product price support and milk income loss
contract programs.
Sec. 1482. Repeal of dairy export incentive program.
Sec. 1483. Extension of dairy forward pricing program.
Sec. 1484. Extension of dairy indemnity program.
Sec. 1485. Extension of dairy promotion and research program.
Sec. 1486. Repeal of Federal Milk Marketing Order Review Commission.
Part III--Effective Date
Sec. 1491. Effective date.
Subtitle E--Supplemental Agricultural Disaster Assistance Programs
Sec. 1501. Supplemental agricultural disaster assistance.
Subtitle F--Administration
Sec. 1601. Administration generally.
Sec. 1602. Suspension of permanent price support authority.
Sec. 1603. Payment limitations.
Sec. 1604. Adjusted gross income limitation.
Sec. 1605. Geographically disadvantaged farmers and ranchers.
Sec. 1606. Personal liability of producers for deficiencies.
Sec. 1607. Prevention of deceased individuals receiving payments under
farm commodity programs.
Sec. 1608. Technical corrections.
Sec. 1609. Assignment of payments.
Sec. 1610. Tracking of benefits.
Sec. 1611. Signature authority.
Sec. 1612. Implementation.
TITLE II--CONSERVATION
Subtitle A--Conservation Reserve Program
Sec. 2001. Extension and enrollment requirements of conservation
reserve program.
Sec. 2002. Farmable wetland program.
Sec. 2003. Duties of owners and operators.
Sec. 2004. Duties of the Secretary.
Sec. 2005. Payments.
Sec. 2006. Contract requirements.
Sec. 2007. Conversion of land subject to contract to other conserving
uses.
Sec. 2008. Effective date.
Subtitle B--Conservation Stewardship Program
Sec. 2101. Conservation stewardship program.
Subtitle C--Environmental Quality Incentives Program
Sec. 2201. Purposes.
Sec. 2202. Establishment and administration.
Sec. 2203. Evaluation of applications.
Sec. 2204. Duties of producers.
Sec. 2205. Limitation on payments.
Sec. 2206. Conservation innovation grants and payments.
Sec. 2207. Effective date.
Subtitle D--Agricultural Conservation Easement Program
Sec. 2301. Agricultural conservation easement program.
Subtitle E--Regional Conservation Partnership Program
Sec. 2401. Regional conservation partnership program.
Subtitle F--Other Conservation Programs
Sec. 2501. Conservation of private grazing land.
Sec. 2502. Grassroots source water protection program.
Sec. 2503. Voluntary public access and habitat incentive program.
Sec. 2504. Agriculture conservation experienced services program.
Sec. 2505. Small watershed rehabilitation program.
Sec. 2506. Agricultural management assistance program.
Subtitle G--Funding and Administration
Sec. 2601. Funding.
Sec. 2602. Technical assistance.
Sec. 2603. Regional equity.
Sec. 2604. Reservation of funds to provide assistance to certain
farmers or ranchers for conservation
access.
Sec. 2605. Annual report on program enrollments and assistance.
Sec. 2606. Review of conservation practice standards.
Sec. 2607. Administrative requirements applicable to all conservation
programs.
Sec. 2608. Standards for State technical committees.
Sec. 2609. Rulemaking authority.
Subtitle H--Repeal of Superseded Program Authorities and Transitional
Provisions; Technical Amendments
Sec. 2701. Comprehensive conservation enhancement program.
Sec. 2702. Emergency forestry conservation reserve program.
Sec. 2703. Wetlands reserve program.
Sec. 2704. Farmland protection program and farm viability program.
Sec. 2705. Grassland reserve program.
Sec. 2706. Agricultural water enhancement program.
Sec. 2707. Wildlife habitat incentive program.
Sec. 2708. Great Lakes basin program.
Sec. 2709. Chesapeake Bay watershed program.
Sec. 2710. Cooperative conservation partnership initiative.
Sec. 2711. Environmental easement program.
Sec. 2712. Technical amendments.
TITLE III--TRADE
Subtitle A--Food for Peace Act
Sec. 3001. General authority.
Sec. 3002. Support for organizations through which assistance is
provided.
Sec. 3003. Food aid quality.
Sec. 3004. Minimum levels of assistance.
Sec. 3005. Food Aid Consultative Group.
Sec. 3006. Oversight, monitoring, and evaluation.
Sec. 3007. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable
prepackaged foods.
Sec. 3008. General provisions.
Sec. 3009. Prepositioning of agricultural commodities.
Sec. 3010. Annual report regarding food aid programs and activities.
Sec. 3011. Deadline for agreements to finance sales or to provide other
assistance.
Sec. 3012. Authorization of appropriations.
Sec. 3013. Micronutrient fortification programs.
Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.
Subtitle B--Agricultural Trade Act of 1978
Sec. 3101. Funding for export credit guarantee program.
Sec. 3102. Funding for market access program.
Sec. 3103. Foreign market development cooperator program.
Subtitle C--Other Agricultural Trade Laws
Sec. 3201. Food for Progress Act of 1985.
Sec. 3202. Bill Emerson Humanitarian Trust.
Sec. 3203. Promotion of agricultural exports to emerging markets.
Sec. 3204. McGovern-Dole International Food for Education and Child
Nutrition Program.
Sec. 3205. Technical assistance for specialty crops.
Sec. 3206. Global Crop Diversity Trust.
Sec. 3207. Under Secretary of Agriculture for Foreign Agricultural
Services.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
Sec. 4001. Retailers.
Sec. 4002. Enhancing services to elderly and disabled supplemental
nutrition assistance program recipients.
Sec. 4003. Food distribution program on Indian reservations.
Sec. 4004. Updating program eligibility.
Sec. 4005. Exclusion of medical marijuana from excess medical expense
deduction.
Sec. 4006. Standard utility allowances based on the receipt of energy
assistance payments.
Sec. 4007. Eligibility disqualifications.
Sec. 4008. Ending supplemental nutrition assistance program benefits
for lottery or gambling winners.
Sec. 4009. Improving security of food assistance.
Sec. 4010. Demonstration projects on acceptance of benefits of mobile
transactions.
Sec. 4011. Use of benefits for purchase of community-supported
agriculture share.
Sec. 4012. Restaurant meals program.
Sec. 4013. State verification option.
Sec. 4014. Repeal of grant program.
Sec. 4015. Data exchange standardization for improved interoperability.
Sec. 4016. Repeal of bonus program.
Sec. 4017. Funding of employment and training programs.
Sec. 4018. Monitoring employment and training program.
Sec. 4019. Cooperation with program research and evaluation.
Sec. 4020. Authorization of appropriations.
Sec. 4021. Limitation on use of block grant to Puerto Rico.
Sec. 4022. Assistance for community food projects.
Sec. 4023. Emergency food assistance.
Sec. 4024. Nutrition education.
Sec. 4025. Retailer trafficking.
Sec. 4026. Technical and conforming amendments.
Sec. 4027. Tolerance level for excluding small errors.
Sec. 4028. Commonwealth of the Northern Mariana Islands pilot program.
Sec. 4029. Annual State report on verification of SNAP participation.
Subtitle B--Commodity Distribution Programs
Sec. 4101. Commodity distribution program.
Sec. 4102. Commodity supplemental food program.
Sec. 4103. Distribution of surplus commodities to special nutrition
projects.
Sec. 4104. Processing of commodities.
Subtitle C--Miscellaneous
Sec. 4201. Farmers' market nutrition program.
Sec. 4202. Nutrition information and awareness pilot program.
Sec. 4203. Fresh fruit and vegetable program.
Sec. 4204. Additional authority for purchase of fresh fruits,
vegetables, and other specialty food crops.
Sec. 4205. Encouraging locally and regionally grown and raised food.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 5001. Eligibility for farm ownership loans.
Sec. 5002. Conservation loan and loan guarantee program.
Sec. 5003. Down payment loan program.
Sec. 5004. Elimination of mineral rights appraisal requirement.
Subtitle B--Operating Loans
Sec. 5101. Eligibility for farm operating loans.
Sec. 5102. Elimination of rural residency requirement for operating
loans to youth.
Sec. 5103. Authority to waive personal liability for youth loans due to
circumstances beyond borrower control.
Sec. 5104. Microloans.
Subtitle C--Emergency Loans
Sec. 5201. Eligibility for emergency loans.
Subtitle D--Administrative Provisions
Sec. 5301. Beginning farmer and rancher individual development accounts
pilot program.
Sec. 5302. Eligible beginning farmers and ranchers.
Sec. 5303. Loan authorization levels.
Sec. 5304. Priority for participation loans.
Sec. 5305. Loan fund set-asides.
Sec. 5306. Conforming amendment to borrower training provision,
relating to eligibility changes.
Subtitle E--State Agricultural Mediation Programs
Sec. 5401. State agricultural mediation programs.
Subtitle F--Loans to Purchasers of Highly Fractionated Land
Sec. 5501. Loans to purchasers of highly fractionated land.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Consolidated Farm and Rural Development Act
Sec. 6001. Water, waste disposal, and wastewater facility grants.
Sec. 6002. Rural business opportunity grants.
Sec. 6003. Elimination of reservation of community facilities grant
program funds.
Sec. 6004. Rural water and wastewater circuit rider program.
Sec. 6005. Tribal college and university essential community
facilities.
Sec. 6006. Emergency and imminent community water assistance grant
program.
Sec. 6007. 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. 6008. Rural business and industry loan program.
Sec. 6009. Rural cooperative development grants.
Sec. 6010. Locally or regionally produced agricultural food products.
Sec. 6011. Intermediary relending program.
Sec. 6012. Enhancing public/private partnerships to support rural water
and waste disposal infrastructure.
Sec. 6013. Simplified applications.
Sec. 6014. Reauthorization of State rural development councils.
Sec. 6015. Grants for NOAA weather radio transmitters.
Sec. 6016. Rural microentrepreneur assistance program.
Sec. 6017. Delta Regional Authority.
Sec. 6018. Northern Great Plains Regional Authority.
Sec. 6019. Rural business investment program.
Subtitle B--Rural Electrification Act of 1936
Sec. 6101. Relending for certain purposes.
Sec. 6102. Fees for certain loan guarantees.
Sec. 6103. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 6104. Expansion of 911 access.
Sec. 6105. Access to broadband telecommunications services in rural
areas.
Subtitle C--Miscellaneous
Sec. 6201. Distance learning and telemedicine.
Sec. 6202. Value-added agricultural market development program grants.
Sec. 6203. Agriculture innovation center demonstration program.
Sec. 6204. Program metrics.
Sec. 6205. Study of rural transportation issues.
Sec. 6206. Agricultural transportation policy.
Sec. 6207. Certain Federal actions not to be considered major for
purposes of environmental review.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
Sec. 7101. Option to not be included as Hispanic-serving agricultural
college or university.
Sec. 7102. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 7103. Specialty crop committee.
Sec. 7104. Veterinary services grant program.
Sec. 7105. Grants and fellowships for food and agriculture sciences
education.
Sec. 7106. Policy research centers.
Sec. 7107. Repeal of human nutrition intervention and health promotion
research program.
Sec. 7108. Repeal of pilot research program to combine medical and
agricultural research.
Sec. 7109. Nutrition education program.
Sec. 7110. Continuing animal health and disease research programs.
Sec. 7111. Repeal of appropriations for research on national or
regional problems.
Sec. 7112. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including
Tuskegee University.
Sec. 7113. Grants to upgrade agriculture and food science facilities
and equipment at insular area land-grant
institutions.
Sec. 7114. Repeal of national research and training virtual centers.
Sec. 7115. Hispanic-serving institutions.
Sec. 7116. Competitive grants for international agricultural science
and education programs.
Sec. 7117. Repeal of research equipment grants.
Sec. 7118. University research.
Sec. 7119. Extension service.
Sec. 7120. Auditing, reporting, bookkeeping, and administrative
requirements.
Sec. 7121. Supplemental and alternative crops.
Sec. 7122. Capacity building grants for NLGCA institutions.
Sec. 7123. Aquaculture assistance programs.
Sec. 7124. Rangeland research programs.
Sec. 7125. Special authorization for biosecurity planning and response.
Sec. 7126. Distance education and resident instruction grants program
for insular area institutions of higher
education.
Sec. 7127. Matching funds requirement.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
Sec. 7201. Best utilization of biological applications.
Sec. 7202. Integrated management systems.
Sec. 7203. Sustainable agriculture technology development and transfer
program.
Sec. 7204. National training program.
Sec. 7205. National Genetics Resources Program.
Sec. 7206. Repeal of National Agricultural Weather Information System.
Sec. 7207. Repeal of rural electronic commerce extension program.
Sec. 7208. Repeal of agricultural genome initiative.
Sec. 7209. High-priority research and extension initiatives.
Sec. 7210. Repeal of nutrient management research and extension
initiative.
Sec. 7211. Organic agriculture research and extension initiative.
Sec. 7212. Repeal of agricultural bioenergy feedstock and energy
efficiency research and extension
initiative.
Sec. 7213. Farm business management.
Sec. 7214. Regional centers of excellence.
Sec. 7215. Repeal of red meat safety research center.
Sec. 7216. Assistive technology program for farmers with disabilities.
Sec. 7217. National rural information center clearinghouse.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
Sec. 7301. Relevance and merit of agricultural research, extension, and
education funded by the Department.
Sec. 7302. Integrated research, education, and extension competitive
grants program.
Sec. 7303. Repeal of coordinated program of research, extension, and
education to improve viability of small and
medium size dairy, livestock, and poultry
operations.
Sec. 7304. Repeal of Bovine Johne's disease control program.
Sec. 7305. Grants for youth organizations.
Sec. 7306. Specialty crop research initiative.
Sec. 7307. Food animal residue avoidance database program.
Sec. 7308. Repeal of national swine research center.
Sec. 7309. Office of pest management policy.
Sec. 7310. Repeal of studies of agricultural research, extension, and
education.
Subtitle D--Other Laws
Sec. 7401. Critical Agricultural Materials Act.
Sec. 7402. Equity in Educational Land-grant Status Act of 1994.
Sec. 7403. Research Facilities Act.
Sec. 7404. Repeal of carbon cycle research.
Sec. 7405. Competitive, Special, and Facilities Research Grant Act.
Sec. 7406. Renewable Resources Extension Act of 1978.
Sec. 7407. National Aquaculture Act of 1980.
Sec. 7408. Repeal of use of remote sensing data.
Sec. 7409. Repeal of reports under Farm Security and Rural Investment
Act of 2002.
Sec. 7410. Beginning farmer and rancher development program.
Sec. 7411. Inclusion of Northern Mariana Islands as a State under
McIntire-Stennis Cooperative Forestry Act.
Subtitle E--Food, Conservation, and Energy Act of 2008
Part 1--Agricultural Security
Sec. 7501. Agricultural biosecurity communication center.
Sec. 7502. Assistance to build local capacity in agricultural
biosecurity planning, preparation, and
response.
Sec. 7503. Research and development of agricultural countermeasures.
Sec. 7504. Agricultural biosecurity grant program.
Part 2--Miscellaneous
Sec. 7511. Enhanced use lease authority pilot program.
Sec. 7512. Grazinglands research laboratory.
Sec. 7513. Budget submission and funding.
Sec. 7514. Repeal of research and education grants for the study of
antibiotic-resistant bacteria.
Sec. 7515. Repeal of farm and ranch stress assistance network.
Sec. 7516. Repeal of seed distribution.
Sec. 7517. Natural products research program.
Sec. 7518. Sun grant program.
Sec. 7519. Repeal of study and report on food deserts.
Sec. 7520. Repeal of agricultural and rural transportation research and
education.
Sec. 7521. Conveyance of land comprising Subtropical Horticulture
Research Station.
Sec. 7522. Concessions, fees, and voluntary services at National
Arboretum.
Sec. 7523. Cotton Disease Research Report.
Sec. 7524. Miscellaneous technical corrections.
TITLE VIII--FORESTRY
Subtitle A--Repeal of Certain Forestry Programs
Sec. 8001. Forest land enhancement program.
Sec. 8002. Watershed forestry assistance program.
Sec. 8003. Expired cooperative national forest products marketing
program.
Sec. 8004. Hispanic-serving institution agricultural land national
resources leadership program.
Sec. 8005. Tribal watershed forestry assistance program.
Sec. 8006. Separate Forest Service decisionmaking and appeals process.
Subtitle B--Reauthorization of Cooperative Forestry Assistance Act of
1978 Programs
Sec. 8101. Forest Legacy Program.
Sec. 8102. Community forest and open space conservation program.
Subtitle C--Reauthorization of Other Forestry-Related Laws
Sec. 8201. Rural revitalization technologies.
Sec. 8202. Office of International Forestry.
Sec. 8203. Change in funding source for healthy forests reserve
program.
Sec. 8204. Stewardship end result contracting project authority.
Subtitle D--National Forest Critical Area Response
Sec. 8301. Definitions.
Sec. 8302. Designation of critical areas.
Sec. 8303. Application of expedited procedures and activities of the
Healthy Forests Restoration Act of 2003 to
critical areas.
Sec. 8304. Good neighbor authority.
Subtitle E--Miscellaneous Provisions
Sec. 8401. Revision of strategic plan for forest inventory and
analysis.
Sec. 8402. Forest Service participation in ACES Program.
TITLE IX--ENERGY
Sec. 9001. Definition of renewable energy system.
Sec. 9002. Biobased markets program.
Sec. 9003. Biorefinery Assistance.
Sec. 9004. Repeal of repowering assistance program and transfer of
remaining funds.
Sec. 9005. Bioenergy Program for Advanced Biofuels.
Sec. 9006. Biodiesel Fuel Education Program.
Sec. 9007. Rural Energy for America Program.
Sec. 9008. Biomass Research and Development.
Sec. 9009. Feedstock Flexibility Program for Bioenergy Producers.
Sec. 9010. Biomass Crop Assistance Program.
Sec. 9011. Community wood energy program.
Sec. 9012. Repeal of biofuels infrastructure study.
Sec. 9013. Repeal of renewable fertilizer study.
TITLE X--HORTICULTURE
Sec. 10001. Specialty crops market news allocation.
Sec. 10002. Repeal of grant program to improve movement of specialty
crops.
Sec. 10003. Farmers market and local food promotion program.
Sec. 10004. Organic agriculture.
Sec. 10005. Investigations and enforcement of the Organic Foods
Production Act of 1990.
Sec. 10006. Food safety education initiatives.
Sec. 10007. Specialty crop block grants.
Sec. 10008. Report on specialty crop production by certain farmers.
Sec. 10009. Report on honey.
Sec. 10010. Bulk shipments of apples to Canada.
Sec. 10011. Inclusion of olive oil in import controls under the
Agricultural Adjustment Act.
Sec. 10012. Petitions to determine organism not a plant pest.
Sec. 10013. Consolidation of plant pest and disease management and
disaster prevention programs.
Sec. 10014. Authority for regulation of plants.
Sec. 10015. Report to Congress on regulation of biotechnology.
Sec. 10016. Pesticide Registration Improvement.
Sec. 10017. Modification, cancellation, or suspension on basis of a
biological opinion.
Sec. 10018. Use and discharges of authorized pesticides.
Sec. 10019. Inclusion of Bed Bugs in Definition of Vector Organisms.
Sec. 10020. Effective date.
TITLE XI--CROP INSURANCE
Sec. 11001. Information sharing.
Sec. 11002. Publication of information on violations of prohibition on
premium adjustments.
Sec. 11003. Supplemental coverage option.
Sec. 11004. Premium amounts for catastrophic risk protection.
Sec. 11005. Repeal of performance-based discount.
Sec. 11006. Permanent enterprise unit subsidy.
Sec. 11007. Enterprise units for irrigated and nonirrigated crops.
Sec. 11008. Data collection.
Sec. 11009. Adjustment in actual production history to establish
insurable yields.
Sec. 11010. Submission and review of policies.
Sec. 11011. Equitable relief for specialty crop policies.
Sec. 11012. Budget limitations on renegotiation of the standard
reinsurance agreement.
Sec. 11013. Crop production on native sod.
Sec. 11014. Coverage levels by practice.
Sec. 11015. Beginning farmer and rancher provisions.
Sec. 11016. Stacked income protection plan for producers of upland
cotton.
Sec. 11017. Peanut revenue crop insurance.
Sec. 11018. Authority to correct errors.
Sec. 11019. Implementation.
Sec. 11020. Research and development priorities.
Sec. 11021. Additional research and development contracting
requirements.
Sec. 11022. Pilot programs.
Sec. 11023. Limitation on expenditures for livestock pilot programs.
Sec. 11024. Noninsured crop assistance program.
Sec. 11025. Technical amendments.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
Sec. 12101. National Sheep Industry Improvement Center.
Sec. 12102. Trichinae certification program.
Sec. 12103. National Aquatic Animal Health Plan.
Sec. 12104. Report on compliance with World Trade Organization decision
regarding country of origin labeling.
Sec. 12105. Repeal of certain regulations under the Packers and
Stockyards Act, 1921.
Sec. 12106. Meat and poultry processing report.
Subtitle B--Socially Disadvantaged Producers and Limited Resource
Producers
Sec. 12201. Outreach and assistance for socially disadvantaged farmers
and ranchers and veteran farmers and
ranchers.
Sec. 12202. Office of Advocacy and Outreach.
Subtitle C--Other Miscellaneous Provisions
Sec. 12301. Grants to improve supply, stability, safety, and training
of agricultural labor force.
Sec. 12302. Evaluation required for purposes of prohibition on closure
or relocation of county offices for the
Farm Service Agency.
Sec. 12303. Prohibition on attending an animal fight or causing a minor
to attend an animal fight.
Sec. 12304. Program benefit eligibility status for participants in high
plains water study.
Sec. 12305. Office of Tribal Relations.
Sec. 12306. Military Veterans Agricultural Liaison.
Sec. 12307. Acer access and development program.
Sec. 12308. Prohibition against interference by State and local
governments with production or manufacture
of items in other States.
Sec. 12309. Increased protection for agricultural interests in the
Missouri River basin.
SEC. 2. DEFINITION OF SECRETARY OF AGRICULTURE.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--COMMODITIES
Subtitle A--Repeals and Reforms
SEC. 1101. REPEAL OF DIRECT PAYMENTS.
(a) Repeal.--Sections 1103 and 1303 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8713, 8753) are repealed.
(b) Continued Application for 2012 Crop Year.--Sections 1103 and
1303 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713,
8753), as in effect on the day before the date of enactment of this
Act, shall continue to apply through the 2012 crop year with respect to
all covered commodities (as defined in section 1001 of that Act (7
U.S.C. 8702)) and peanuts on a farm.
SEC. 1102. REPEAL OF COUNTER-CYCLICAL PAYMENTS.
(a) Repeal.--Sections 1104 and 1304 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8714, 8754) are repealed.
(b) Continued Application for 2012 Crop Year.--Sections 1104 and
1304 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8714,
8754), as in effect on the day before the date of enactment of this
Act, shall continue to apply through the 2012 crop year with respect to
all covered commodities (as defined in section 1001 of that Act (7
U.S.C. 8702)) and peanuts on a farm.
SEC. 1103. REPEAL OF AVERAGE CROP REVENUE ELECTION PROGRAM.
(a) Repeal.--Section 1105 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8715) is repealed.
(b) Continued Application for 2012 Crop Year.--Section 1105 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8715), as in
effect on the day before the date of enactment of this Act, shall
continue to apply through the 2012 crop year with respect to all
covered commodities (as defined in section 1001 of that Act (7 U.S.C.
8702)) and peanuts on a farm for which the irrevocable election under
section 1105 of that Act was made before the date of enactment of this
Act.
SEC. 1104. DEFINITIONS.
In this subtitle and subtitle B:
(1) Actual county revenue.--The term ``actual county
revenue'', with respect to a covered commodity for a crop year,
means the amount determined by the Secretary under section
1107(c)(4) to determine whether revenue loss coverage payments
are required to be provided for that crop year.
(2) Base acres.--The term ``base acres'', with respect to a
covered commodity and cotton on a farm, means the number of
acres established under section 1101 and 1302 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7911, 7952)
or section 1101 and 1302 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8711, 8752), as in effect on September
30, 2012, subject to any adjustment under section 1105 of this
Act.
(3) County revenue loss coverage trigger.--The term
``county revenue loss coverage trigger'', with respect to a
covered commodity for a crop year, means the amount determined
by the Secretary under section 1107(c)(5) to determine whether
revenue loss coverage payments are required to be provided for
that crop year.
(4) Covered commodity.--The term ``covered commodity''
means wheat, oats, and barley (including wheat, oats, and
barley used for haying and grazing), corn, grain sorghum, long
grain rice, medium grain rice, pulse crops, soybeans, other
oilseeds, and peanuts.
(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 1107(b)(2) to
determine whether price loss coverage payments are required to
be provided for that crop year.
(6) Extra long staple cotton.--The term ``extra long staple
cotton'' means cotton that--
(A) is produced from pure strain varieties of the
Barbadense species or any hybrid of the species, 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
(B) is ginned on a roller-type gin or, if
authorized by the Secretary, ginned on another type gin
for experimental purposes.
(7) Farm base acres.--The term ``farm base acres'' means
the sum of the base acreage for all covered commodities and
cotton on a farm in effect as of September 30, 2012, and
subject to any adjustment under section 1105.
(8) Medium grain rice.--The term ``medium grain rice''
includes short grain rice.
(9) Midseason price.--The term ``midseason price'' means
the applicable national average market price received by
producers for the first 5 months of the applicable marketing
year, as determined by the Secretary.
(10) Other oilseed.--The term ``other oilseed'' means a
crop of sunflower seed, rapeseed, canola, safflower, flaxseed,
mustard seed, crambe, sesame seed, or any oilseed designated by
the Secretary.
(11) Payment acres.--
(A) In general.--Except as provided in
subparagraphs (B) through (D), the term ``payment
acres'', with respect to the provision of price loss
coverage payments and revenue loss coverage payments,
means--
(i) 85 percent of total acres planted for
the year to each covered commodity on a farm;
and
(ii) 30 percent of approved total acres
prevented from being planted for the year to
each covered commodity on a farm.
(B) Maximum.--The total quantity of payment acres
determined under subparagraph (A) shall not exceed the
farm base acres.
(C) Reduction.--If the sum of all payment acres for
a farm exceeds the limits established under
subparagraph (B), the Secretary shall reduce the
payment acres applicable to each crop proportionately.
(D) Exclusion.--The term ``payment acres'' does not
include any crop subsequently planted during the same
crop year on the same land for which the first crop is
eligible for payments under this subtitle, unless the
crop was approved for double cropping in the county, as
determined by the Secretary.
(12) Payment yield.--The term ``payment yield'' means the
yield established for counter-cyclical payments under section
1102 or 1302 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7912, 7952), section 1102 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8712), as in
effect on September 30, 2012, or under section 1106 of this
Act, for a farm for a covered commodity.
(13) Price loss coverage.--The term ``price loss coverage''
means coverage provided under section 1107(b).
(14) Producer.--
(A) In general.--The term ``producer'' means an
owner, operator, landlord, tenant, or sharecropper that
shares in the risk of producing a crop and is entitled
to share in the crop available for marketing from the
farm, or would have shared had the crop been produced.
(B) Hybrid seed.--In determining whether a grower
of hybrid seed is a producer, the Secretary shall--
(i) not take into consideration the
existence of a hybrid seed contract; and
(ii) ensure that program requirements do
not adversely affect the ability of the grower
to receive a payment under this title.
(15) Pulse crop.--The term ``pulse crop'' means dry peas,
lentils, small chickpeas, and large chickpeas.
(16) Reference price.--The term ``reference price'', with
respect to a covered commodity for a crop year, means the
following:
(A) Wheat, $5.50 per bushel.
(B) Corn, $3.70 per bushel.
(C) Grain sorghum, $3.95 per bushel.
(D) Barley, $4.95 per bushel.
(E) Oats, $2.40 per bushel.
(F) Long grain rice, $14.00 per hundredweight.
(G) Medium grain rice, $14.00 per hundredweight.
(H) Soybeans, $8.40 per bushel.
(I) Other oilseeds, $20.15 per hundredweight.
(J) Peanuts $535.00 per ton.
(K) Dry peas, $11.00 per hundredweight.
(L) Lentils, $19.97 per hundredweight.
(M) Small chickpeas, $19.04 per hundredweight.
(N) Large chickpeas, $21.54 per hundredweight.
(17) Revenue loss coverage.--The term ``revenue loss
coverage'' means coverage provided under section 1107(c).
(18) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(19) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(20) Transitional yield.--The term ``transitional yield''
has the meaning given the term in section 502(b) of the Federal
Crop Insurance Act (7 U.S.C. 1502(b)).
(21) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
(22) United states premium factor.--The term ``United
States Premium Factor'' means the percentage by which the
difference in the United States loan schedule premiums for
Strict Middling (SM) 1\1/8\-inch upland cotton and for Middling
(M) 1\3/32\-inch upland cotton exceeds the difference in the
applicable premiums for comparable international qualities.
SEC. 1105. BASE ACRES.
(a) Adjustment of Base Acres.--
(1) In general.--The Secretary shall provide for an
adjustment, as appropriate, in the base acres for covered
commodities and cotton for a farm whenever any of the following
circumstances occurs:
(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.
(C) The producer has eligible oilseed acreage as
the result of the Secretary designating additional
oilseeds, which shall be determined in the same manner
as eligible oilseed acreage under section 1101(a)(1)(D)
of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8711(a)(1)(D)).
(2) Special conservation reserve acreage payment rules.--
For the crop year in which a base acres adjustment under
subparagraph (A) or (B) of paragraph (1) is first made, the
owner of the farm shall elect to receive price loss coverage or
revenue loss coverage with respect to the acreage added to the
farm under this subsection or a prorated payment under the
conservation reserve contract, but not both.
(b) Prevention of Excess Base 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 reduce the base acres for 1 or more covered commodities
or cotton for the farm 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 acreage on the farm enrolled in the
conservation reserve program or wetlands reserve
program (or successor programs) under chapter 1 of
subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3830 et seq.).
(B) Any other acreage on the farm enrolled in a
Federal conservation program for which payments are
made in exchange for not producing an agricultural
commodity on the acreage.
(C) If the Secretary designates additional
oilseeds, any eligible oilseed acreage, which shall be
determined in the same manner as eligible oilseed
acreage under subsection (a)(1)(C).
(3) Selection of acres.--The Secretary shall give the owner
of the farm the opportunity to select the base acres for a
covered commodity or cotton for the farm against which the
reduction required by paragraph (1) will be made.
(4) Exception for double-cropped acreage.--In applying
paragraph (1), the Secretary shall make an exception in the
case of double cropping, as determined by the Secretary.
(c) Reduction in Base Acres.--
(1) Reduction at option of owner.--
(A) In general.--The owner of a farm may reduce, at
any time, the base acres for any covered commodity or
cotton for the farm.
(B) Effect of reduction.--A reduction under
subparagraph (A) shall be permanent and made in a
manner prescribed by the Secretary.
(2) Required action by secretary.--
(A) In general.--The Secretary shall
proportionately reduce base acres on a farm for covered
commodities and cotton for land that has been
subdivided and developed for multiple residential units
or other nonfarming uses if the size of the tracts and
the density of the subdivision is such that the land is
unlikely to return to the previous agricultural use,
unless the producers on the farm demonstrate that the
land--
(i) remains devoted to commercial
agricultural production; or
(ii) is likely to be returned to the
previous agricultural use.
(B) Requirement.--The Secretary shall establish
procedures to identify land described in subparagraph
(A).
SEC. 1106. PAYMENT YIELDS.
(a) Establishment and Purpose.--For the purpose of making payments
under this subtitle, the Secretary shall provide for the establishment
of a yield for each farm for any designated oilseed for which a payment
yield was not established under section 1102 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8712) in accordance with this section.
(b) Payment Yields for Designated Oilseeds.--
(1) Determination of average yield.--In the case of
designated oilseeds, the Secretary shall determine the average
yield per planted acre for the designated oilseed on a farm for
the 1998 through 2001 crop years, excluding any crop year in
which the acreage planted to the designated oilseed was zero.
(2) Adjustment for payment yield.--
(A) In general.--The payment yield for a farm for a
designated oilseed shall be equal to the product of the
following:
(i) The average yield for the designated
oilseed determined under paragraph (1).
(ii) The ratio resulting from dividing the
national average yield for the designated
oilseed for the 1981 through 1985 crops by the
national average yield for the designated
oilseed for the 1998 through 2001 crops.
(B) No national average yield information
available.--To the extent that national average yield
information for a designated oilseed is not available,
the Secretary shall use such information as the
Secretary determines to be fair and equitable to
establish a national average yield under this section.
(3) Use of county average yield.--If the yield per planted
acre for a crop of a designated oilseed for a farm for any of
the 1998 through 2001 crop years was less than 75 percent of
the county yield for that designated oilseed, the Secretary
shall assign a yield for that crop year equal to 75 percent of
the county yield for the purpose of determining the average
under paragraph (1).
(4) No historic yield data available.--In the case of
establishing yields for designated oilseeds, if historic yield
data is not available, the Secretary shall use the ratio for
dry peas calculated under paragraph (2)(A)(ii) in determining
the yields for designated oilseeds, as determined to be fair
and equitable by the Secretary.
(c) Effect of Lack of Payment Yield.--
(1) Establishment by secretary.--If no payment yield is
otherwise established for a farm for which a covered commodity
is planted and eligible to receive price loss coverage
payments, the Secretary shall establish an appropriate payment
yield for the covered commodity on the farm under paragraph
(2).
(2) Use of similarly situated farms.--Notwithstanding any
other provision of law, to establish an appropriate payment
yield for a covered commodity on a farm as required by
paragraph (1), the Secretary shall take into consideration the
farm program payment yields applicable to that covered
commodity for similarly situated farms.
(d) Single Opportunity to Update Yields Used to Determine Price
Loss Coverage Payments.--
(1) Election to update.--At the sole discretion of the
owner of a farm, the owner of a farm shall have a 1-time
opportunity to update the payment yields on a covered
commodity-by-covered commodity basis that would otherwise be
used in calculating any price loss coverage payment for covered
commodities on the farm.
(2) Time for election.--The election under paragraph (1)
shall be made at a time and manner to be in effect for the 2013
crop year as determined by the Secretary.
(3) Method of updating yields.--If the owner of a farm
elects to update yields under this subsection, the payment
yield for a covered commodity on the farm, for the purpose of
calculating price loss coverage payments only, shall be equal
to 90 percent of the average of the yield per planted acre for
the crop of the covered commodity on the farm for the 2008
through 2012 crop years, as determined by the Secretary,
excluding any crop year in which the acreage planted to the
crop of the covered commodity was zero.
(4) Use of county average yield.--If the yield per planted
acre for a crop of the covered commodity for a farm for any of
the 2008 through 2012 crop years was less than 75 percent of
the average of the 2008 through 2012 county yield for that
commodity, the Secretary shall assign a yield for that crop
year equal to 75 percent of the average of the 2008 through
2012 county yield for the purposes of determining the average
yield under paragraph (3).
(5) Effect of lack of payment yield.--
(A) Establishment by secretary.--For purposes of
this subsection, if no payment yield is otherwise
established for a covered commodity on a farm, the
Secretary shall establish an appropriate updated
payment yield for the covered commodity on the farm
under subparagraph (B).
(B) Use of similarly situated farms.--
Notwithstanding any other provision of law, to
establish an appropriate updated payment yield for a
covered commodity on a farm as required by subparagraph
(A), the Secretary shall take into consideration the
farm program payment yields applicable to that covered
commodity for similarly situated farms, but before the
yields for the similarly situated farms are updated as
provided in this subsection.
SEC. 1107. FARM RISK MANAGEMENT ELECTION.
(a) In General.--
(1) Payments required.--Except as provided in paragraph
(2), if the Secretary determines that payments are required
under subsection (b)(1) or (c)(2) for a covered commodity, the
Secretary shall make payments for that covered commodity
available under such subsection to producers on a farm pursuant
to the terms and conditions of this section.
(2) Prohibition on payments; exceptions.--Notwithstanding
any other provision of this title, a producer on a farm may not
receive price loss coverage payments or revenue loss coverage
payments if the sum of the planted acres of covered commodities
on the farm is 10 acres or less, as determined by the
Secretary, unless the producer is--
(A) a socially disadvantaged farmer or rancher (as
defined in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e))); or
(B) a limited resource farmer or rancher, as
defined by the Secretary.
(b) Price Loss Coverage.--
(1) Payments.--For each of the 2013 through 2017 crop
years, the Secretary shall make price loss coverage payments to
producers on a farm for a covered commodity if the Secretary
determines that--
(A) the effective price for the covered commodity
for the crop year; is less than
(B) the reference price for the covered commodity
for the crop year.
(2) Effective price.--The effective price for a covered
commodity for a crop year shall be the higher of--
(A) the midseason price; or
(B) the national average loan rate for a marketing
assistance loan for the covered commodity in effect for
crop years 2013 through 2017 under subtitle B.
(3) Payment rate.--The payment rate shall be equal to the
difference between--
(A) the reference price for the covered commodity;
and
(B) the effective price determined under paragraph
(2) for the covered commodity.
(4) Payment amount.--If price loss coverage payments are
required to be provided under this subsection for any of the
2013 through 2017 crop years for a covered commodity, the
amount of the price loss coverage payment to be paid to the
producers on a farm for the crop year shall be equal to the
product obtained by multiplying--
(A) the payment rate for the covered commodity
under paragraph (3);
(B) the payment yield for the covered commodity;
and
(C) the payment acres for the covered commodity.
(5) Time for payments.--If the Secretary determines under
this subsection that price loss coverage payments are required
to be provided for the covered commodity, the payments shall be
made beginning October 1, or as soon as practicable thereafter,
after the end of the applicable marketing year for the covered
commodity.
(6) Special rule.--In determining the effective price for
barley in paragraph (2), the Secretary shall use the all-barley
price.
(c) Revenue Loss Coverage.--
(1) Available as an alternative.--As an alternative to
receiving price loss coverage payments under subsection (b) for
a covered commodity, all of the owners of the farm may make a
one-time, irrevocable election on a covered commodity-by-
covered commodity basis to receive revenue loss coverage
payments for each covered commodity in accordance with this
subsection. If any of the owners of the farm make different
elections on the same covered commodity on the farm, all of the
owners of the farm shall be deemed to have not made the
election available under this paragraph.
(2) Payments.--In the case of owners of a farm that make
the election described in paragraph (1) for a covered
commodity, the Secretary shall make revenue loss coverage
payments available under this subsection for each of the 2013
through 2017 crop years if the Secretary determines that--
(A) the actual county revenue for the crop year for
the covered commodity; is less than
(B) the county revenue loss coverage trigger for
the crop year for the covered commodity.
(3) Time for payments.--If the Secretary determines under
this subsection that revenue loss coverage payments are
required to be provided for the covered commodity, payments
shall be made beginning October 1, or as soon as practicable
thereafter, after the end of the applicable marketing year for
the covered commodity.
(4) Actual county revenue.--The amount of the actual county
revenue for a crop year of a covered commodity shall be equal
to the product obtained by multiplying--
(A) the actual county yield, as determined by the
Secretary, for each planted acre for the crop year for
the covered commodity; and
(B) the higher of--
(i) the midseason price; or
(ii) the national average loan rate for a
marketing assistance loan for the covered
commodity in effect for crop years 2013 through
2017 under subtitle B.
(5) County revenue loss coverage trigger.--
(A) In general.--The county revenue loss coverage
trigger for a crop year for a covered commodity on a
farm shall equal 85 percent of the benchmark county
revenue.
(B) Benchmark county revenue.--
(i) In general.--The benchmark county
revenue shall be the product obtained by
multiplying--
(I) subject to clause (ii), the
average historical county yield as
determined by the Secretary for the
most recent 5 crop years, excluding
each of the crop years with the highest
and lowest yields; and
(II) subject to clause (iii), the
average national marketing year average
price for the most recent 5 crop years,
excluding each of the crop years with
the highest and lowest prices.
(ii) Yield conditions.--If the historical
county yield in clause (i)(I) for any of the 5
most recent crop years, as determined by the
Secretary, is less than 70 percent of the
transitional yield, as determined by the
Secretary, the amounts used for any of those
years in clause (i)(I) shall be 70 percent of
the transitional yield.
(iii) Reference price.--If the national
marketing year average price in clause (i)(II)
for any of the 5 most recent crop years is
lower than the reference price for the covered
commodity, the Secretary shall use the
reference price for any of those years for the
amounts in clause (i)(II).
(6) Payment rate.--The payment rate shall be equal to the
lesser of--
(A) the difference between--
(i) the county revenue loss coverage
trigger for the covered commodity; and
(ii) the actual county revenue for the crop
year for the covered commodity; or
(B) 10 percent of the benchmark county revenue for
the crop year for the covered commodity.
(7) Payment amount.--If revenue loss coverage payments
under this subsection are required to be provided for any of
the 2013 through 2017 crop years of a covered commodity, the
amount of the revenue loss coverage payment to be provided to
the producers on a farm for the crop year shall be equal to the
product obtained by multiplying--
(A) the payment rate under paragraph (6); and
(B) the payment acres of the covered commodity on
the farm.
(8) Duties of the secretary.--In providing revenue loss
coverage payments under this subsection, the Secretary--
(A) shall ensure that producers on a farm do not
reconstitute the farm of the producers to void or
change the election made under paragraph (1);
(B) to the maximum extent practicable, shall use
all available information and analysis, including data
mining, to check for anomalies in the provision of
revenue loss coverage payments;
(C) to the maximum extent practicable, shall
calculate a separate county revenue loss coverage
trigger for irrigated and nonirrigated covered
commodities and a separate actual county revenue for
irrigated and nonirrigated covered commodities;
(D) shall assign a benchmark county yield for each
planted acre for the crop year for the covered
commodity on the basis of the yield history of
representative farms in the State, region, or crop
reporting district, as determined by the Secretary,
if--
(i) the Secretary cannot establish the
benchmark county yield for each planted acre
for a crop year for a covered commodity in the
county in accordance with paragraph (5); or
(ii) the yield determined under paragraph
(5) is an unrepresentative average yield for
the county (as determined by the Secretary);
and
(E) to the maximum extent practicable, shall ensure
that in order to be eligible for a payment under this
subsection, the producers on the farm suffered an
actual loss on the covered commodity for the crop year
for which payment is sought.
SEC. 1108. PRODUCER AGREEMENTS.
(a) Compliance With Certain Requirements.--
(1) Requirements.--Before the producers on a farm may
receive price loss coverage payments or revenue loss coverage
payments with respect to the farm, the producers shall agree,
during the crop year for which the payments are made and 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 that Act
(16 U.S.C. 3821 et seq.); and
(C) to effectively control noxious weeds and
otherwise maintain the land in accordance with sound
agricultural practices, 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).
(3) Modification.--At the request of the transferee or
owner, the Secretary may modify the requirements of this
subsection if the modifications are consistent with the
objectives of this subsection, as determined by the Secretary.
(b) Transfer or Change of Interest in Farm.--
(1) Termination.--
(A) In general.--Except as provided in paragraph
(2), a transfer of (or change in) the interest of the
producers on a farm for which price loss coverage
payments or revenue loss coverage payments are provided
shall result in the termination of the price loss
coverage and revenue loss coverage, unless the
transferee or owner of the acreage agrees to assume all
obligations under subsection (a).
(B) Effective date.--The termination shall take
effect on the date determined by the Secretary.
(2) Exception.--If a producer entitled to a price loss
coverage payment or revenue loss coverage payment dies, becomes
incompetent, or is otherwise unable to receive the payment, the
Secretary shall make the payment in accordance with rules
issued by the Secretary.
(c) Acreage Reports.--As a condition on the receipt of any benefits
under this subtitle or subtitle B, the Secretary shall require
producers on a farm to submit to the Secretary annual acreage reports
with respect to all cropland on the farm.
(d) Tenants and Sharecroppers.--In carrying out this subtitle, the
Secretary shall provide adequate safeguards to protect the interests of
tenants and sharecroppers.
(e) Sharing of Payments.--The Secretary shall provide for the
sharing of price loss coverage payments and revenue loss coverage
payments among the producers on a farm on a fair and equitable basis.
SEC. 1109. PERIOD OF EFFECTIVENESS.
This subtitle shall be effective beginning with the 2013 crop year
of each covered commodity through the 2017 crop year.
Subtitle B--Marketing Loans
SEC. 1201. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR
LOAN COMMODITIES.
(a) Definition of Loan Commodity.--In this subtitle, the term
``loan commodity'' means wheat, corn, grain sorghum, barley, oats,
upland cotton, extra long staple cotton, long grain rice, medium grain
rice, peanuts, soybeans, other oilseeds, graded wool, nongraded wool,
mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas.
(b) Nonrecourse Loans Available.--
(1) In general.--For each of the 2013 through 2017 crops of
each loan commodity, the Secretary shall make available to
producers on a farm nonrecourse marketing assistance loans for
loan commodities produced on the farm.
(2) Terms and conditions.--The marketing assistance loans
shall be made under terms and conditions that are prescribed by
the Secretary and at the loan rate established under section
1202 for the loan commodity.
(c) Eligible Production.--The producers on a farm shall be eligible
for a marketing assistance loan under subsection (b) for any quantity
of a loan commodity produced on the farm.
(d) Compliance With Conservation and Wetlands Requirements.--As a
condition of the receipt of a marketing assistance loan under
subsection (b), 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 that Act (16 U.S.C. 3821
et seq.) during the term of the loan.
(e) Special Rules for Peanuts.--
(1) In general.--This subsection shall apply only to
producers of peanuts.
(2) Options for obtaining loan.--A marketing assistance
loan under this section, and loan deficiency payments under
section 1205, may be obtained at the option of the producers on
a farm through--
(A) a designated marketing association or marketing
cooperative of producers that is approved by the
Secretary; or
(B) the Farm Service Agency.
(3) Storage of loan peanuts.--As a condition on the
approval by the Secretary of an individual or entity to provide
storage for peanuts for which a marketing assistance loan is
made under this section, the individual or entity shall agree--
(A) to provide the storage on a nondiscriminatory
basis; and
(B) to comply with such additional requirements as
the Secretary considers appropriate to accomplish the
purposes of this section and promote fairness in the
administration of the benefits of this section.
(4) Storage, handling, and associated costs.--
(A) In general.--To ensure proper storage of
peanuts for which a loan is made under this section,
the Secretary shall pay handling and other associated
costs (other than storage costs) incurred at the time
at which the peanuts are placed under loan, as
determined by the Secretary.
(B) Redemption and forfeiture.--The Secretary
shall--
(i) require the repayment of handling and
other associated costs paid under subparagraph
(A) for all peanuts pledged as collateral for a
loan that is redeemed under this section; and
(ii) pay storage, handling, and other
associated costs for all peanuts pledged as
collateral that are forfeited under this
section.
(5) Marketing.--A marketing association or cooperative may
market peanuts for which a loan is made under this section in
any manner that conforms to consumer needs, including the
separation of peanuts by type and quality.
(6) Reimbursable agreements and payment of administrative
expenses.--The Secretary may implement any reimbursable
agreements or provide for the payment of administrative
expenses under this subsection only in a manner that is
consistent with those activities in regard to other loan
commodities.
SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE LOANS.
(a) In General.--For purposes of each of the 2013 through 2017 crop
years, the loan rate for a marketing assistance loan under section 1201
for a loan commodity shall be equal to the following:
(1) In the case of wheat, $2.94 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per bushel.
(4) In the case of barley, $1.95 per bushel.
(5) In the case of oats, $1.39 per bushel.
(6) In the case of base quality of upland cotton, for the
2013 and each subsequent crop year, the simple average of the
adjusted prevailing world price for the 2 immediately preceding
marketing years, as determined by the Secretary and announced
October 1 preceding the next domestic plantings, but in no case
less than $0.47 per pound or more than $0.52 per pound.
(7) In the case of extra long staple cotton, $0.7977 per
pound.
(8) In the case of long grain rice, $6.50 per
hundredweight.
(9) In the case of medium grain rice, $6.50 per
hundredweight.
(10) In the case of soybeans, $5.00 per bushel.
(11) In the case of other oilseeds, $10.09 per
hundredweight for each of the following kinds of oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard seed.
(G) Crambe.
(H) Sesame seed.
(I) Other oilseeds designated by the Secretary.
(12) In the case of dry peas, $5.40 per hundredweight.
(13) In the case of lentils, $11.28 per hundredweight.
(14) In the case of small chickpeas, $7.43 per
hundredweight.
(15) In the case of large chickpeas, $11.28 per
hundredweight.
(16) In the case of graded wool, $1.15 per pound.
(17) In the case of nongraded wool, $0.40 per pound.
(18) In the case of mohair, $4.20 per pound.
(19) In the case of honey, $0.69 per pound.
(20) In the case of peanuts, $355 per ton.
(b) Single County Loan Rate for Other Oilseeds.--The Secretary
shall establish a single loan rate in each county for each kind of
other oilseeds described in subsection (a)(11).
SEC. 1203. TERM OF LOANS.
(a) Term of Loan.--In the case of each loan commodity, a marketing
assistance loan under section 1201 shall have a term of 9 months
beginning on the first day of the first month after the month in which
the loan is made.
(b) Extensions Prohibited.--The Secretary may not extend the term
of a marketing assistance loan for any loan commodity.
SEC. 1204. REPAYMENT OF LOANS.
(a) General Rule.--The Secretary shall permit the producers on a
farm to repay a marketing assistance loan under section 1201 for a loan
commodity (other than upland cotton, long grain rice, medium grain
rice, extra long staple cotton, peanuts and confectionery and each
other kind of sunflower seed (other than oil sunflower seed)) at a rate
that is the lesser of--
(1) the loan rate established for the commodity under
section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283));
(2) a rate (as determined by the Secretary) that--
(A) is calculated based on average market prices
for the loan commodity during the preceding 30-day
period; and
(B) will minimize discrepancies in marketing loan
benefits across State boundaries and across county
boundaries; or
(3) a rate that the Secretary may develop using alternative
methods for calculating a repayment rate for a loan commodity
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;
(D) allow the commodity produced in the United
States to be marketed freely and competitively, both
domestically and internationally; and
(E) minimize discrepancies in marketing loan
benefits across State boundaries and across county
boundaries.
(b) Repayment Rates for Upland Cotton, Long Grain Rice, and Medium
Grain Rice.--The Secretary shall permit producers to repay a marketing
assistance loan under section 1201 for upland cotton, long grain rice,
and medium grain rice at a rate that is the lesser of--
(1) the loan rate established for the commodity under
section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) the prevailing world market price for the commodity, as
determined and adjusted by the Secretary in accordance with
this section.
(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 1202, plus
interest (determined in accordance with section 163 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)).
(d) Prevailing World Market Price.--For purposes of this section
and section 1207, the Secretary shall prescribe by regulation--
(1) a formula to determine the prevailing world market
price for each of upland cotton, long grain rice, and medium
grain rice; and
(2) a mechanism by which the Secretary shall announce
periodically those prevailing world market prices.
(e) Adjustment of Prevailing World Market Price for Upland Cotton,
Long Grain Rice, and Medium Grain Rice.--
(1) Rice.--The prevailing world market price for long grain
rice and medium grain rice determined under subsection (d)
shall be adjusted to United States quality and location.
(2) Cotton.--The prevailing world market price for upland
cotton determined under subsection (d)--
(A) shall be adjusted to United States quality and
location, with the adjustment to include--
(i) a reduction equal to any United States
Premium Factor for upland cotton of a quality
higher than Middling (M) 1\3/32\-inch; and
(ii) the average costs to market the
commodity, including average transportation
costs, as determined by the Secretary; and
(B) may be further adjusted, during the period
beginning on the date of enactment of this Act and
ending on July 31, 2018, if the Secretary determines
the adjustment is necessary--
(i) to minimize potential loan forfeitures;
(ii) to minimize the accumulation of stocks
of upland cotton by the Federal Government;
(iii) to ensure that upland cotton produced
in the United States can be marketed freely and
competitively, both domestically and
internationally; and
(iv) to ensure an appropriate transition
between current-crop and forward-crop price
quotations, except that the Secretary may use
forward-crop price quotations prior to July 31
of a marketing year only if--
(I) there are insufficient current-
crop price quotations; and
(II) the forward-crop price
quotation is the lowest such quotation
available.
(3) Guidelines for additional adjustments.--In making
adjustments under this subsection, the Secretary shall
establish a mechanism for determining and announcing the
adjustments in order to avoid undue disruption in the United
States market.
(f) Repayment Rates for Confectionery and Other Kinds of Sunflower
Seeds.--The Secretary shall permit the producers on a farm to repay a
marketing assistance loan under section 1201 for confectionery and each
other kind of sunflower seed (other than oil sunflower seed) at a rate
that is the lesser of--
(1) the loan rate established for the commodity under
section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) the repayment rate established for oil sunflower seed.
(g) Payment of Cotton Storage Costs.--Effective for each of the
2013 through 2017 crop years, the Secretary shall make cotton storage
payments available in the same manner, and at the same rates as the
Secretary provided storage payments for the 2006 crop of cotton, except
that the rates shall be reduced by 10 percent.
(h) Repayment Rate for Peanuts.--The Secretary shall permit
producers on a farm 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 peanuts under subsection
(b), plus interest (determined in accordance with section 163
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7283)); 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.
(i) Authority to Temporarily Adjust Repayment Rates.--
(1) Adjustment authority.--In the event of a severe
disruption to marketing, transportation, or related
infrastructure, the Secretary may modify the repayment rate
otherwise applicable under this section for marketing
assistance loans under section 1201 for a loan commodity.
(2) Duration.--Any adjustment made under paragraph (1) in
the repayment rate for marketing assistance loans for a loan
commodity shall be in effect on a short-term and temporary
basis, as determined by the Secretary.
SEC. 1205. LOAN DEFICIENCY PAYMENTS.
(a) Availability of Loan Deficiency Payments.--
(1) In general.--Except as provided in subsection (d), the
Secretary may make loan deficiency payments available to
producers on a farm that, although eligible to obtain a
marketing assistance loan under section 1201 with respect to a
loan commodity, agree to forgo obtaining the loan for the
commodity in return for loan deficiency payments under this
section.
(2) Unshorn pelts, hay, and silage.--
(A) Marketing assistance loans.--Subject to
subparagraph (B), nongraded wool in the form of unshorn
pelts and hay and silage derived from a loan commodity
are not eligible for a marketing assistance loan under
section 1201.
(B) Loan deficiency payment.--Effective for the
2013 through 2017 crop years, the Secretary may make
loan deficiency payments available under this section
to producers on a farm that produce unshorn pelts or
hay and silage derived from a loan commodity.
(b) Computation.--A loan deficiency payment for a loan commodity or
commodity referred to in subsection (a)(2) shall be equal to the
product obtained by multiplying--
(1) the payment rate determined under subsection (c) for
the commodity; by
(2) the quantity of the commodity produced by the eligible
producers, excluding any quantity for which the producers
obtain a marketing assistance loan under section 1201.
(c) Payment Rate.--
(1) In general.--In the case of a loan commodity, the
payment rate shall be the amount by which--
(A) the loan rate established under section 1202
for the loan commodity; exceeds
(B) the rate at which a marketing assistance loan
for the loan commodity may be repaid under section
1204.
(2) Unshorn pelts.--In the case of unshorn pelts, the
payment rate shall be the amount by which--
(A) the loan rate established under section 1202
for ungraded wool; exceeds
(B) the rate at which a marketing assistance loan
for ungraded wool may be repaid under section 1204.
(3) Hay and silage.--In the case of hay or silage derived
from a loan commodity, the payment rate shall be the amount by
which--
(A) the loan rate established under section 1202
for the loan commodity from which the hay or silage is
derived; exceeds
(B) the rate at which a marketing assistance loan
for the loan commodity may be repaid under section
1204.
(d) Exception for Extra Long Staple Cotton.--This section shall not
apply with respect to extra long staple cotton.
(e) Effective Date for Payment Rate Determination.--The Secretary
shall determine the amount of the loan deficiency payment to be made
under this section to the producers on a farm with respect to a
quantity of a loan commodity or commodity referred to in subsection
(a)(2) using the payment rate in effect under subsection (c) as of the
date the producers request the payment.
SEC. 1206. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
(a) Eligible Producers.--
(1) In general.--Effective for the 2013 through 2017 crop
years, in the case of a producer that would be eligible for a
loan deficiency payment under section 1205 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.
(2) Grazing of triticale acreage.--Effective for the 2013
through 2017 crop years, with respect to a producer on a farm
that uses acreage planted to triticale 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 triticale
on that acreage.
(b) Payment Amount.--
(1) In general.--The amount of a payment made under this
section to a producer on a farm described in subsection (a)(1)
shall be equal to the amount determined by multiplying--
(A) the loan deficiency payment rate determined
under section 1205(c) in effect, as of the date of the
agreement, for the county in which the farm is located;
by
(B) the payment quantity determined by
multiplying--
(i) 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
(ii)(I) the payment yield in effect for the
calculation of price loss coverage under
subtitle A with respect to that loan commodity
on the farm; or
(II) in the case of a farm without a
payment yield for that loan commodity, an
appropriate yield established by the Secretary
in a manner consistent with section 1106(c) of
this Act.
(2) Grazing of triticale acreage.--The amount of a payment
made under this section to a producer on a farm described in
subsection (a)(2) shall be equal to the amount determined by
multiplying--
(A) the loan deficiency payment rate determined
under section 1205(c) in effect for wheat, as of the
date of the agreement, for the county in which the farm
is located; by
(B) the payment quantity determined by
multiplying--
(i) the quantity of the grazed acreage on
the farm with respect to which the producer
elects to forgo harvesting of triticale; and
(ii)(I) the payment yield in effect for the
calculation of price loss coverage under
subtitle A with respect to wheat on the farm;
or
(II) in the case of a farm without a
payment yield for wheat, an appropriate yield
established by the Secretary in a manner
consistent with section 1106(c) of this Act.
(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 1205.
(2) Availability.--
(A) In general.--The Secretary shall establish an
availability period for the payments authorized by this
section.
(B) Certain commodities.--In the case of wheat,
barley, and oats, the availability period shall be
consistent with the availability period for the
commodity established by the Secretary for marketing
assistance loans authorized by this subtitle.
(d) Prohibition on Crop Insurance Indemnity or Noninsured Crop
Assistance.--A 2013 through 2017 crop of wheat, barley, oats, or
triticale 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 an
indemnity under a policy or plan of insurance authorized 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. 1207. SPECIAL MARKETING LOAN PROVISIONS FOR UPLAND COTTON.
(a) Special Import Quota.--
(1) Definition of special import quota.--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.
(2) Establishment.--
(A) In general.--The President shall carry out an
import quota program during the period beginning on
August 1, 2013, and ending on July 31, 2018, as
provided in this subsection.
(B) Program requirements.--Whenever the Secretary
determines and announces that for any consecutive 4-
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 to a definable and significant international
market, as determined by the Secretary, exceeds the
prevailing world market price, there shall immediately
be in effect a special import quota.
(3) Quantity.--The quota shall be equal to the consumption
during a 1-week period of cotton by domestic mills at the
seasonally adjusted average rate of the most recent 3 months
for which official data of the Department of Agriculture are
available or, in the absence of sufficient data, as estimated
by the Secretary.
(4) Application.--The quota shall apply to upland cotton
purchased not later than 90 days after the date of the
Secretary's announcement under paragraph (2) and entered into
the United States not later than 180 days after that date.
(5) Overlap.--A special quota period may be established
that overlaps any existing quota period if required by
paragraph (2), except that a special quota period may not be
established under this subsection if a quota period has been
established under subsection (b).
(6) 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.
(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 10 week's consumption of upland cotton by
domestic mills at the seasonally adjusted average rate of the 3
months immediately preceding the first special import quota
established in any marketing year.
(b) Limited Global Import Quota for Upland Cotton.--
(1) Definitions.--In this subsection:
(A) Demand.--The term ``demand'' means--
(i) the average seasonally adjusted annual
rate of domestic mill consumption of cotton
during the most recent 3 months for which
official data of the Department of Agriculture
are available or, in the absence of sufficient
data, as estimated by the Secretary; and
(ii) the larger of--
(I) average exports of upland
cotton during the preceding 6 marketing
years; or
(II) cumulative exports of upland
cotton plus outstanding export sales
for the marketing year in which the
quota is established.
(B) 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.
(C) Supply.--The term ``supply'' means, using the
latest official data of the Department of Agriculture--
(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.
(2) Program.--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 the 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 3 months for which official data of the
Department of Agriculture are available or, in the
absence of sufficient data, as estimated by the
Secretary.
(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) 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.
(3) No overlap.--Notwithstanding paragraph (2), a quota
period may not be established that overlaps an existing quota
period or a special quota period established under subsection
(a).
(c) Economic Adjustment Assistance to Users of Upland Cotton.--
(1) In general.--Subject to paragraph (2), the Secretary
shall, on a monthly basis, make economic adjustment assistance
available to domestic users of upland cotton in the form of
payments for all documented use of that upland cotton during
the previous monthly period regardless of the origin of the
upland cotton.
(2) Value of assistance.--Effective beginning on August 1,
2012, the value of the assistance provided under paragraph (1)
shall be 3 cents per pound.
(3) Allowable purposes.--Economic adjustment assistance
under this subsection shall be made available only to domestic
users of upland cotton that certify that the assistance shall
be used only to acquire, construct, install, modernize,
develop, convert, or expand land, plant, buildings, equipment,
facilities, or machinery.
(4) Review or audit.--The Secretary may conduct such review
or audit of the records of a domestic user under this
subsection as the Secretary determines necessary to carry out
this subsection.
(5) Improper use of assistance.--If the Secretary
determines, after a review or audit of the records of the
domestic user, that economic adjustment assistance under this
subsection was not used for the purposes specified in paragraph
(3), the domestic user shall be--
(A) liable for the repayment of the assistance to
the Secretary, plus interest, as determined by the
Secretary; and
(B) ineligible to receive assistance under this
subsection for a period of 1 year following the
determination of the Secretary.
SEC. 1208. 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 enactment of this
Act through July 31, 2018, the Secretary shall carry out a program--
(1) to maintain and expand the domestic use of extra long
staple cotton produced in the United States;
(2) to increase exports of extra long staple cotton
produced in the United States; and
(3) 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 4-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 that 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 4-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 4-week period.
SEC. 1209. AVAILABILITY OF RECOURSE LOANS FOR HIGH MOISTURE FEED GRAINS
AND SEED COTTON.
(a) High Moisture Feed Grains.--
(1) Definition of high moisture state.--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 1201.
(2) Recourse loans available.--For each of the 2013 through
2017 crops of corn and grain sorghum, the Secretary shall make
available recourse loans, as determined by the Secretary, to
producers on a farm that--
(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 the producers on the farm 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.
(3) 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 farm of the
producer; by
(B) the lower of the farm program payment yield
used to make payments under subtitle A 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.
(b) Recourse Loans Available for Seed Cotton.--For each of the 2013
through 2017 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 (determined in accordance with section 163 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7283)).
SEC. 1210. ADJUSTMENTS OF LOANS.
(a) Adjustment Authority.--Subject to subsection (e), the Secretary
may make appropriate adjustments in the loan rates for any loan
commodity (other than cotton) for differences in grade, type, quality,
location, and other factors.
(b) Manner of Adjustment.--The adjustments under subsection (a)
shall, to the maximum extent practicable, be made in such a manner that
the average loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level of support
determined in accordance with this subtitle and subtitle C.
(c) Adjustment on County Basis.--
(1) In general.--The Secretary may establish loan rates for
a crop for producers in individual counties in a manner that
results in the lowest loan rate being 95 percent of the
national average loan rate, if those loan rates do not result
in an increase in outlays.
(2) Prohibition.--Adjustments under this subsection shall
not result in an increase in the national average loan rate for
any year.
(d) Adjustment in Loan Rate for Cotton.--
(1) In general.--The Secretary may make appropriate
adjustments in the loan rate for cotton for differences in
quality factors.
(2) Types of adjustments.--Loan rate adjustments under
paragraph (1) may include--
(A) the use of non-spot market price data, in
addition to spot market price data, that would enhance
the accuracy of the price information used in
determining quality adjustments under this subsection;
(B) adjustments in the premiums or discounts
associated with upland cotton with a staple length of
33 or above due to micronaire with the goal of
eliminating any unnecessary artificial splits in the
calculations of the premiums or discounts; and
(C) such other adjustments as the Secretary
determines appropriate, after consultations conducted
in accordance with paragraph (3).
(3) Consultation with private sector.--
(A) Prior to revision.--In making adjustments to
the loan rate for cotton (including any review of the
adjustments) as provided in this subsection, the
Secretary shall consult with representatives of the
United States cotton industry.
(B) Inapplicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to consultations under this
subsection.
(4) Review of adjustments.--The Secretary may review the
operation of the upland cotton quality adjustments implemented
pursuant to this subsection and may make further adjustments to
the administration of the loan program for upland cotton, by
revoking or revising any adjustment taken under paragraph (2).
(e) Rice.--The Secretary shall not make adjustments in the loan
rates for long grain rice and medium grain rice, except for differences
in grade and quality (including milling yields).
Subtitle C--Sugar
SEC. 1301. SUGAR PROGRAM.
(a) Continuation of Current Program and Loan Rates.--
(1) Sugarcane.--Section 156(a)(5) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(a)(5)) is amended by striking ``the 2012 crop year'' and
inserting ``each of the 2012 through 2017 crop years''.
(2) Sugar beets.--Section 156(b)(2) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(b)(2)) is amended by striking ``2012'' and inserting
``2017''.
(3) Effective period.--Section 156(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(i)) is amended by striking ``2012'' and inserting
``2017''.
(b) Flexible Marketing Allotments for Sugar.--
(1) Sugar estimates.--Section 359b(a)(1) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is
amended by striking ``2012'' and inserting ``2017''.
(2) Effective period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ``2012'' and inserting ``2017''.
Subtitle D--Dairy
PART I--DAIRY PRODUCER MARGIN PROTECTION AND DAIRY MARKET STABILIZATION
PROGRAMS
SEC. 1401. DEFINITIONS.
In this part:
(1) Actual dairy producer margin.--The term ``actual dairy
producer margin'' means the difference between the all-milk
price and the average feed cost, as calculated under section
1402.
(2) All-milk price.--The term ``all-milk price'' means the
average price received, per hundredweight of milk, by dairy
producers for all milk sold to plants and dealers in the United
States, as determined by the Secretary.
(3) Annual production history.--The term ``annual
production history'' means the production history determined
for a participating dairy producer under section 1413(b)
whenever the dairy producer purchases supplemental margin
protection.
(4) Average feed cost.--The term ``average feed cost''
means the average cost of feed used by a dairy operation to
produce a hundredweight of milk, determined under section 1402
using the sum of the following:
(A) The product determined by multiplying 1.0728 by
the price of corn per bushel.
(B) The product determined by multiplying 0.00735
by the price of soybean meal per ton.
(C) The product determined by multiplying 0.0137 by
the price of alfalfa hay per ton.
(5) Basic production history.--The term ``basic production
history'' means the production history determined for a
participating dairy producer under section 1413(a) for
provision of basic margin protection.
(6) Consecutive two-month period.--The term ``consecutive
two-month period'' refers to the two-month period consisting of
the months of January and February, March and April, May and
June, July and August, September and October, or November and
December, respectively.
(7) Dairy producer.--
(A) In general.--Subject to subparagraph (B), the
term ``dairy producer'' means an individual or entity
that directly or indirectly (as determined by the
Secretary)--
(i) shares in the risk of producing milk;
and
(ii) makes contributions (including land,
labor, management, equipment, or capital) to
the dairy operation of the individual or entity
that are at least commensurate with the share
of the individual or entity of the proceeds of
the operation.
(B) Additional ownership structures.--The Secretary
shall determine additional ownership structures to be
covered by the definition of dairy producer.
(8) Handler.--
(A) In general.--The term ``handler'' means the
initial individual or entity making payment to a dairy
producer for milk produced in the United States and
marketed for commercial use.
(B) Producer-handler.--The term includes a
``producer-handler'' when the producer satisfies the
definition in subparagraph (A).
(9) Margin protection program.--The term ``margin
protection program'' means the dairy producer margin protection
program required by subpart A.
(10) Participating dairy producer.--The term
``participating dairy producer'' means a dairy producer that--
(A) signs up under section 1412 to participate in
the margin protection program under subpart A; and
(B) as a result, also participates in the
stabilization program under subpart B.
(11) Stabilization program.--The term ``stabilization
program'' means the dairy market stabilization program required
by subpart B for all participating dairy producers.
(12) Stabilization program base.--The term ``stabilization
program base'', with respect to a participating dairy producer,
means the stabilization program base calculated for the
producer under section 1431(b).
(13) United states.--The term ``United States'', in a
geographical sense, means the 50 States, the District of
Columbia, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, the
Virgin Islands of the United States, and any other territory or
possession of the United States.
SEC. 1402. CALCULATION OF AVERAGE FEED COST AND ACTUAL DAIRY PRODUCER
MARGINS.
(a) Calculation of Average Feed Cost.--The Secretary shall
calculate the national average feed cost for each month using the
following data:
(1) The price of corn for a month shall be the price
received during that month by farmers in the United States for
corn, as reported in the monthly Agricultural Prices report by
the Secretary.
(2) The price of soybean meal for a month shall be the
central Illinois price for soybean meal, as reported in the
Market News-Monthly Soybean Meal Price Report by the Secretary.
(3) The price of alfalfa hay for a month shall be the price
received during that month by farmers in the United States for
alfalfa hay, as reported in the monthly Agricultural Prices
report by the Secretary.
(b) Calculation of Actual Dairy Producer Margins.--
(1) Margin protection program.--For use in the margin
protection program under subpart A, the Secretary shall
calculate the actual dairy producer margin for each consecutive
two-month period by subtracting--
(A) the average feed cost for that consecutive two-
month period, determined in accordance with subsection
(a); from
(B) the all-milk price for that consecutive two-
month period.
(2) Stabilization program.--For use in the stabilization
program under subpart B, the Secretary shall calculate each
month the actual dairy producer margin for the preceding month
by subtracting--
(A) the average feed cost for that preceding month,
determined in accordance with subsection (a); from
(B) the all-milk price for that preceding month.
(3) Time for calculations.--The calculations required by
paragraphs (1) and (2) shall be made as soon as practicable
each month using the full month price of the applicable
reference month, but in no case shall the calculation be made
later than the last business day of the month.
Subpart A--Dairy Producer Margin Protection Program
SEC. 1411. ESTABLISHMENT OF DAIRY PRODUCER MARGIN PROTECTION PROGRAM.
The Secretary shall establish and administer a dairy producer
margin protection program for the purpose of protecting dairy producer
income by paying participating dairy producers--
(1) basic margin protection payments when actual dairy
producer margins are less than the threshold levels for such
payments; and
(2) supplemental margin protection payments if purchased by
a participating dairy producer.
SEC. 1412. PARTICIPATION OF DAIRY PRODUCERS IN MARGIN PROTECTION
PROGRAM.
(a) Eligibility.--All dairy producers in the United States are
eligible to participate in the margin protection program, except that a
dairy producer must sign up with the Secretary before the producer may
receive--
(1) basic margin protection payments under section 1414;
and
(2) if the dairy producer purchases supplemental margin
protection under section 1415, supplemental margin protection
payments under such section.
(b) Sign-up Process.--
(1) In general.--The Secretary shall allow all interested
dairy producers to sign up to participate in the margin
protection program. The Secretary shall specify the manner and
form by which a dairy producer must sign up to participate in
the margin protection program.
(2) Treatment of multi-producer operations.--If a dairy
operation consists of more than one dairy producer, all of the
dairy producers of the operation shall be treated as a single
dairy producer for purposes of--
(A) registration to receive basic margin protection
and purchase supplemental margin protection;
(B) payment of the administrative fee under
subsection (e) and producer premiums under section
1415; and
(C) participation in the stabilization program
under subpart B.
(3) Treatment of producers with multiple dairy
operations.--If a dairy producer operates two or more dairy
operations, each dairy operation of the producer shall require
a separate registration to receive basic margin protection and
purchase supplemental margin protection. Only those dairy
operations so registered shall be subject to the stabilization
program.
(c) Time for Sign up.--
(1) Existing dairy producers.--During the one-year period
beginning on the date of the initiation of the sign-up period
for the margin protection program, a dairy producer that is
actively engaged in a dairy operation as of such date may sign
up with the Secretary--
(A) to receive basic margin protection; and
(B) if the producer elects, to purchase
supplemental margin protection.
(2) New entrants.--A dairy producer that has no existing
interest in a dairy operation as of the date of the initiation
of the sign-up period for the margin protection program, but
that, after such date, establishes a new dairy operation, may
sign up with the Secretary during the one year period beginning
on the date on which the dairy operation first markets milk
commercially--
(A) to receive basic margin protection; and
(B) if the producer elects, to purchase
supplemental margin protection.
(d) Retroactivity Provision.--
(1) Notice of availability of retroactive protection.--Not
later than 30 days after the effective date of this subtitle,
the Secretary shall publish a notice in the Federal Register to
inform dairy producers of the availability of retroactive basic
margin protection and retroactive supplemental margin
protection, subject to the condition that interested producers
must file a notice of intent (in such form and manner as the
Secretary specifies in the Federal Register notice)--
(A) to participate in the margin protection program
and receive basic margin protection; and
(B) at the election of the producer under paragraph
(3), to also obtain supplemental margin protection.
(2) Retroactive basic margin protection.--
(A) Availability.--If a dairy producer files a
notice of intent under paragraph (1) to participate in
the margin protection program before the initiation of
the sign-up period for the margin protection program
and subsequently signs up for the margin protection
program, the producer shall receive basic margin
protection retroactive to the effective date of this
subtitle.
(B) Duration.--Retroactive basic margin protection
under this paragraph for a dairy producer shall apply
from the effective date of this subtitle until the date
on which the producer signs up for the margin
protection program.
(3) Retroactive supplemental margin protection.--
(A) Availability.--Subject to subparagraphs (B) and
(C), if a dairy producer files a notice of intent under
paragraph (1) to participate in the margin protection
program and obtain supplemental margin protection and
subsequently signs up for the margin protection
program, the producer shall receive supplemental margin
protection, in addition to the basic margin protection
under paragraph (2), retroactive to the effective date
of this subtitle.
(B) Deadline for submission.--A notice of intent to
obtain retroactive supplemental margin protection must
be filed with the Secretary no later than the earlier
of the following:
(i) 150 days after the date on which the
Secretary publishes the notice in the Federal
Register required by paragraph (1).
(ii) The date on which the Secretary
initiates the sign up period for the margin
protection program.
(C) Election of coverage level and percentage of
coverage.--To be sufficient to obtain retroactive
supplemental margin protection, the notice of intent to
participate filed by a dairy producer must specify--
(i) a selected coverage level that is
higher, in any increment of $0.50, than the
payment threshold for basic margin protection
specified in section 1414(b), but not to exceed
$6.00; and
(ii) the percentage of coverage, subject to
limits imposed in section 1415(c).
(D) Duration.--The coverage level and percentage
specified in the notice of intent to participate filed
by a dairy producer shall apply from the effective date
of this subtitle until the later of the following:
(i) October 1, 2013.
(ii) The date on which the Secretary
initiates the sign-up period for the margin
protection program.
(4) Notice of intent and obligation to participate in
margin protection program.--In no way does filing a notice of
intent under this subsection obligate a dairy producer to sign
up for the margin protection program once the program rules are
final, but if a producer does file a notice of intent and
subsequently signs up for the margin protection program, that
dairy producer is obligated to pay fees and premiums for any
retroactive basic margin protection or retroactive supplemental
margin protection selected in the notice of intent.
(e) Administrative Fee.--
(1) Administrative fee required.--A dairy producer shall
pay an administrative fee under this subsection to sign up to
participate in the margin protection program. The participating
dairy producer shall pay the administrative fee annually
thereafter to continue to participate in the margin protection
program.
(2) Fee amount.--The administrative fee for a participating
dairy producer for a calendar year is based on the pounds of
milk (in millions) marketed by the dairy producer in the
previous calendar year, as follows:
------------------------------------------------------------------------
Pounds Marketed (in millions) Admin. Fee
------------------------------------------------------------------------
less than 1 $100
1 to 10 $250
more than 10 to 40 $500
more than 40 $1000
------------------------------------------------------------------------
(3) Deposit of fees.--All administrative fees collected
under this subsection shall be credited to the fund or account
used to cover the costs incurred to administer the margin
protection program and the stabilization program and shall be
available to the Secretary, without further appropriation and
until expended, for use or transfer as provided in paragraph
(4).
(4) Use of fees.--The Secretary shall use administrative
fees collected under this subsection--
(A) to cover administrative costs of the margin
protection program and stabilization program; and
(B) to the extent funds remain available after
operation of subparagraphs (A), to cover costs of the
Department of Agriculture relating to reporting of
dairy market news and to carry out section 273 of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1637b).
(f) Reconstitution.--The Secretary shall prohibit a dairy producer
from reconstituting a dairy operation for the sole purpose of the dairy
producer--
(1) receiving basic margin protection;
(2) purchasing supplemental margin protection; or
(3) avoiding participation in the stabilization program.
(g) Priority Consideration.--A dairy operation that participates in
the margin protection program shall be eligible to participate in the
livestock gross margin for dairy program under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) only after operations that are
not participating in the production margin protection program are
enrolled.
SEC. 1413. PRODUCTION HISTORY OF PARTICIPATING DAIRY PRODUCERS.
(a) Production History for Basic Margin Protection.--
(1) Determination required.--For purposes of providing
basic margin protection, the Secretary shall determine the
basic production history of the dairy operation of each
participating dairy producer in the margin protection program.
(2) Calculation.--Except as provided in paragraph (3), the
basic production history of a participating dairy producer for
basic margin protection is equal to the highest annual milk
marketings of the dairy producer during any one of the three
calendar years immediately preceding the calendar year in which
the dairy producer first signed up to participate in the margin
protection program.
(3) Election by new producers.--If a participating dairy
producer has been in operation for less than a year, the dairy
producer shall elect one of the following methods for the
Secretary to determine the basic production history of the
dairy producer:
(A) The volume of the actual milk marketings for
the months the dairy producer has been in operation
extrapolated to a yearly amount.
(B) An estimate of the actual milk marketings of
the dairy producer based on the herd size of the
producer relative to the national rolling herd average
data published by the Secretary.
(4) No change in production history for basic margin
protection.--Once the basic production history of a
participating dairy producer is determined under paragraph (2)
or (3), the basic production history shall not be subsequently
changed for purposes of determining the amount of any basic
margin protection payments for the dairy producer made under
section 1414.
(b) Annual Production History for Supplemental Margin Protection.--
(1) Determination required.--For purposes of providing
supplemental margin protection for a participating dairy
producer that purchases supplemental margin protection for a
year under section 1415, the Secretary shall determine the
annual production history of the dairy operation of the dairy
producer under paragraph (2).
(2) Calculation.--The annual production history of a
participating dairy producer for a year is equal to the actual
milk marketings of the dairy producer during the preceding
calendar year.
(3) New producers.--Subsection (a)(3) shall apply with
respect to determining the annual production history of a
participating dairy producer that has been in operation for
less than a year.
(c) Required Information.--A participating dairy producer shall
provide all information that the Secretary may require in order to
establish--
(1) the basic production history of the dairy operation of
the dairy producer under subsection (a); and
(2) the production history of the dairy operation of the
dairy producer whenever the producer purchases supplemental
margin protection under section 1415.
(d) Transfer of Production Histories.--
(1) Transfer by sale or lease.--In promulgating the rules
to initiate the margin protection program, the Secretary shall
specify the conditions under which and the manner by which the
production history of a dairy operation may be transferred by
sale or lease.
(2) Coverage level.--
(A) Basic margin protection.--A purchaser or lessee
to whom the Secretary transfers a basic production
history under this subsection shall not obtain a
different level of basic margin protection than the
basic margin protection coverage held by the seller or
lessor from whom the transfer was obtained.
(B) Supplemental margin protection.--A purchaser or
lessee to whom the Secretary transfers an annual
production history under this subsection shall not
obtain a different level of supplemental margin
protection coverage than the supplemental margin
protection coverage in effect for the seller or lessor
from whom the transfer was obtained for the calendar
year in which the transfer was made.
(e) Movement and Transfer of Production History.--
(1) Movement and transfer authorized.--Subject to paragraph
(2), if a dairy producer moves from one location to another
location, the dairy producer may maintain the basic production
history and annual production history associated with the
operation.
(2) Notification requirement.--A dairy producer shall
notify the Secretary of any move of a dairy operation under
paragraph (1).
(3) Subsequent occupation of vacated location.--A party
subsequently occupying a dairy operation location vacated as
described in paragraph (1) shall have no interest in the basic
production history or annual production history previously
associated with the operation at such location.
SEC. 1414. BASIC MARGIN PROTECTION.
(a) Eligibility.--All participating dairy producers are eligible to
receive basic margin protection under the margin protection program.
(b) Payment Threshold.--Participating dairy producers shall receive
a basic margin protection payment whenever the average actual dairy
producer margin for a consecutive two-month period is less than $4.00
per hundredweight of milk.
(c) Basic Margin Protection Payment.--
(1) Payment required.--The Secretary shall make a basic
margin protection payment to each participating dairy producer
whenever such a payment is required by subsection (b).
(2) Amount of payment.--The basic margin protection payment
for the dairy operation of a participating dairy producer for a
consecutive two-month period shall be determined as follows:
(A) The Secretary shall calculate the difference
between the average actual dairy producer margin for
the consecutive two-month period and $4.00, except
that, if the difference is more than $4.00, the
Secretary shall use $4.00.
(B) The Secretary shall multiply the amount under
subparagraph (A) by the lesser of the following:
(i) 80 percent of the production history of
the dairy producer, divided by six.
(ii) The actual amount of milk marketed by
the dairy operation of the dairy producer
during the consecutive two-month period.
SEC. 1415. SUPPLEMENTAL MARGIN PROTECTION.
(a) Election of Supplemental Margin Protection.--Supplemental
margin protection is available only on an annual basis. A participating
dairy producer may annually purchase supplemental margin protection to
protect, during the calendar year for which purchased, a higher level
of the income of a participating dairy producer than the income level
guaranteed by basic margin protection under section 1414.
(b) Selection of Payment Threshold.--A participating dairy producer
purchasing supplemental margin protection for a year shall elect a
coverage level that is higher, in any increment of $0.50, than the
payment threshold for basic margin protection specified in section
1414(b), but not to exceed $8.00.
(c) Selection of Coverage Percentage.--A participating dairy
producer purchasing supplemental margin protection for a year shall
elect a percentage of coverage equal to not more than 90 percent, nor
less than 25 percent, of the annual production history of the dairy
operation of the participating dairy producer.
(d) Producer Premiums for Supplemental Margin Protection.--
(1) Premiums required.--A participating dairy producer that
purchases supplemental margin protection shall pay an annual
premium equal to the product obtained by multiplying--
(A) the percentage selected by the dairy producer
under subsection (c);
(B) the annual production history of the dairy
producer; and
(C) the premium per hundredweight of milk, as
specified in the applicable table under paragraph (2)
or (3).
(2) Premium per hundredweight for first 4 million pounds of
production.--For the first 4,000,000 pounds of milk marketings
included in the annual production history of a participating
dairy producer, the premium per hundredweight corresponding to
each coverage level specified in the following table is as
follows:
------------------------------------------------------------------------
Coverage Level Premium per Cwt.
------------------------------------------------------------------------
$4.50 $0.01
$5.00 $0.025
$5.50 $0.04
$6.00 $0.065
$6.50 $0.09
$7.00 $0.434
$7.50 $0.590
$8.00 $0.922
------------------------------------------------------------------------
(3) Premium per hundredweight for production in excess of 4
million pounds.--For milk marketings in excess of 4,000,000
pounds included in the annual production history of a
participating dairy producer, the premium per hundredweight
corresponding to each coverage level is as follows:
------------------------------------------------------------------------
Coverage Level Premium per Cwt.
------------------------------------------------------------------------
$4.50 $0.015
$5.00 $0.036
$5.50 $0.081
$6.00 $0.155
$6.50 $0.230
$7.00 $0.434
$7.50 $0.590
$8.00 $0.922
------------------------------------------------------------------------
(4) Time for payment.--In promulgating the rules to
initiate the margin protection program, the Secretary shall
provide more than one method by which a participating dairy
producer that purchases supplemental margin protection for a
calendar year may pay the premium under this subsection for
that year that maximizes producer payment flexibility and
program integrity.
(e) Producer's Premium Obligations.--
(1) Pro-ration of premium for new producers.--A dairy
producer described in section 1412(c)(2) that purchases
supplemental margin protection for a calendar year after the
start of the calendar year shall pay a pro-rated premium for
that calendar year based on the portion of the calendar year
for which the producer purchases the coverage.
(2) Legal obligation.--A participating dairy producer that
purchases supplemental margin protection for a calendar year
shall be legally obligated to pay the applicable premium for
that calendar year, except that, if the dairy producer retires,
the producer may request that Secretary cancel the supplemental
margin protection if the producer has terminated the dairy
operation entirely and certifies under oath that the producer
will not be actively engaged in any dairy operation for at
least the next seven years.
(f) Supplemental Payment Threshold.--A participating dairy producer
with supplemental margin protection shall receive a supplemental margin
protection payment whenever the average actual dairy producer margin
for a consecutive two-month period is less than the coverage level
threshold selected by the dairy producer under subsection (b).
(g) Supplemental Margin Protection Payments.--
(1) In general.--The supplemental margin protection payment
for a participating dairy producer is in addition to the basic
margin protection payment.
(2) Amount of payment.--The supplemental margin protection
payment for the dairy operation of a participating dairy
producer shall be determined as follows:
(A) The Secretary shall calculate the difference
between the coverage level threshold selected by the
dairy producer under subsection (b) and the greater
of--
(i) the average actual dairy producer
margin for the consecutive two-month period; or
(ii) $4.00.
(B) The amount determined under subparagraph (A)
shall be multiplied by the percentage selected by the
participating dairy producer under subsection (c) and
by the lesser of the following:
(i) The annual production history of the
dairy operation of the dairy producer, divided
by six.
(ii) The actual amount of milk marketed by
the dairy operation of the dairy producer
during the consecutive two-month period.
SEC. 1416. EFFECT OF FAILURE TO PAY ADMINISTRATIVE FEES OR PREMIUMS.
(a) Loss of Benefits.--A participating dairy producer that fails to
pay the required administrative fee under section 1412 or is in arrears
on premium payments for supplemental margin protection under section
1415--
(1) remains legally obligated to pay the administrative fee
or premiums, as the case may be; and
(2) may not receive basic margin protection payments or
supplemental margin protection payments until the fees or
premiums are fully paid.
(b) Enforcement.--The Secretary may take such action as necessary
to collect administrative fees and premium payments for supplemental
margin protection.
Subpart B--Dairy Market Stabilization Program
SEC. 1431. ESTABLISHMENT OF DAIRY MARKET STABILIZATION PROGRAM.
(a) Program Required; Purpose.--The Secretary shall establish and
administer a dairy market stabilization program applicable to
participating dairy producers for the purpose of assisting in balancing
the supply of milk with demand when dairy producers are experiencing
low or negative operating margins.
(b) Election of Stabilization Program Base Calculation Method.--
(1) Election.--When a dairy producer signs up under section
1412 to participate in the margin protection program, the dairy
producer shall inform the Secretary of the method by which the
stabilization program base for the dairy producer for fiscal
year 2013 will be calculated under paragraph (3).
(2) Change in calculation method.--A participating dairy
producer may change the stabilization program base calculation
method to be used for a calendar year by notifying the
Secretary of the change not later than a date determined by the
Secretary.
(3) Calculation methods.--A participating dairy producer
may elect either of the following methods for calculation of
the stabilization program base for the producer:
(A) The volume of the average monthly milk
marketings of the dairy producer for the three months
immediately preceding the announcement by the Secretary
that the stabilization program will become effective.
(B) The volume of the monthly milk marketings of
the dairy producer for the same month in the preceding
year as the month for which the Secretary has announced
the stabilization program will become effective.
SEC. 1432. THRESHOLD FOR IMPLEMENTATION AND REDUCTION IN DAIRY PRODUCER
PAYMENTS.
(a) When Stabilization Program Required.--Except as provided in
subsection (b), the Secretary shall announce that the stabilization
program is in effect and order reduced payments for any participating
dairy producer that exceeds the applicable percentage of the producer's
stabilization program base whenever--
(1) the actual dairy producer margin has been $6.00 or less
per hundredweight of milk for each of the immediately preceding
two months; or
(2) the actual dairy producer margin has been $4.00 or less
per hundredweight of milk for the immediately preceding month.
(b) Exception.--The Secretary shall not make the announcement under
subsection (a) to implement the stabilization program or order reduced
payments if any of the conditions described in section 1436(b) have
been met during the two months immediately preceding the month in which
the announcement under subsection (a) would otherwise be made by the
Secretary in the absence of this exception.
(c) Effective Date for Implementation of Payment Reductions.--
Reductions in dairy producer payments shall commence beginning on the
first day of the month immediately following the date of the
announcement by the Secretary under subsection (a).
SEC. 1433. PRODUCER MILK MARKETING INFORMATION.
(a) Collection of Milk Marketing Data.--The Secretary shall
establish, by regulation, a process to collect from participating dairy
producers and handlers such information that the Secretary considers
necessary for each month during which the stabilization program is in
effect.
(b) Reduce Regulatory Burden.--When implementing the process under
subsection (a), the Secretary shall minimize the regulatory burden on
dairy producers and handlers.
SEC. 1434. CALCULATION AND COLLECTION OF REDUCED DAIRY PRODUCER
PAYMENTS.
(a) Reduced Producer Payments Required.--During any month in which
payment reductions are in effect under the stabilization program, each
handler shall reduce payments to each participating dairy producer from
whom the handler receives milk.
(b) Reductions Based on Actual Dairy Producer Margin.--
(1) Reduction requirement 1.--Unless the reduction required
by paragraph (2) or (3) applies, when the actual dairy producer
margin has been $6.00 or less per hundredweight of milk for two
consecutive months, the handler shall make payments to a
participating dairy producer for a month based on the greater
of the following:
(A) 98 percent of the stabilization program base of
the dairy producer.
(B) 94 percent of the marketings of milk for the
month by the producer.
(2) Reduction requirement 2.--Unless the reduction required
by paragraph (3) applies, when the actual dairy producer margin
has been $5.00 or less per hundredweight of milk for two
consecutive months, the handler shall make payments to a
participating dairy producer for a month based on the greater
of the following:
(A) 97 percent of the stabilization program base of
the dairy producer.
(B) 93 percent of the marketings of milk for the
month by the producer.
(3) Reduction requirement 3.--When the actual dairy
producer margin has been $4.00 or less for any one month, the
handler shall make payments to a participating dairy producer
for a month based on the greater of the following:
(A) 96 percent of the stabilization program base of
the dairy producer.
(B) 92 percent of the marketings of milk for the
month by the producer.
(c) Continuation of Reductions.--The largest level of payment
reduction required under paragraph (1), (2), or (3) of subsection (b)
shall be continued for each month until the Secretary suspends the
stabilization program and terminates payment reductions in accordance
with section 1436.
(d) Payment Reduction Exception.--Notwithstanding any preceding
subsection of this section, a handler shall make no payment reductions
for a dairy producer for a month if the producer's milk marketings for
the month are equal to or less than the percentage of the stabilization
program base applicable to the producer under paragraph (1), (2), or
(3) of subsection (b).
SEC. 1435. REMITTING MONIES TO THE SECRETARY AND USE OF MONIES.
(a) Remitting Monies.--As soon as practicable after the end of each
month during which payment reductions are in effect under the
stabilization program, each handler shall remit to the Secretary an
amount equal to the amount by which payments to participating dairy
producers are reduced by the handler under section 1434.
(b) Deposit of Monies.--All monies received under subsection (a)
shall be available to the Secretary, without further appropriation and
until expended, for use or transfer as provided in subsection (c).
(c) Use of Monies.--
(1) Availability for certain commodity donations.--Within
three months of the receipt of monies under subsection (a), the
Secretary shall obligate the monies for the purpose of--
(A) purchasing dairy products for donation to food
banks and other programs that the Secretary determines
appropriate; and
(B) expanding consumption and building demand for
dairy products.
(2) No duplication of effort.--The Secretary shall ensure
that expenditures under paragraph (1) are compatible with, and
do not duplicate, programs supported by the dairy research and
promotion activities conducted under the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4501 et seq.).
(3) Accounting.--The Secretary shall keep an accurate
account of all monies obligated under paragraph (1).
(d) Annual Report.--Not later than December 31 of each year that
the stabilization program is in effect, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report that provides an accurate accounting of--
(1) the monies received by the Secretary during the
preceding fiscal year under subsection (a); and
(2) all expenditures made by the Secretary under subsection
(b) during the preceding fiscal year.
(e) Enforcement.--If a participating dairy producer or handler
fails to remit or collect the amounts by which payments to
participating dairy producers are reduced under section 1434, the
producer or handler responsible for the failure shall be liable to the
Secretary for the amount that should have been remitted or collected,
plus interest. In addition to the enforcement authorities available
under section 1437, the Secretary may enforce this subsection in the
courts of the United States.
SEC. 1436. SUSPENSION OF REDUCED PAYMENT REQUIREMENT.
(a) Determination of Prices.--For purposes of this section:
(1) The price in the United States for cheddar cheese and
nonfat dry milk shall be determined by the Secretary.
(2) The world price of cheddar cheese and skim milk powder
shall be determined by the Secretary.
(b) Initial Suspension Thresholds.--The Secretary shall announce
that the stabilization program shall be suspended whenever the
Secretary determines that--
(1) the actual dairy producer margin is greater than $6.00
per hundredweight of milk for two consecutive months;
(2) the dairy producer margin is equal to or less than
$6.00 (but greater than $5.00) for two consecutive months, and
during the same two consecutive months--
(A) the price in the United States for cheddar
cheese is equal to or greater than the world price of
cheddar cheese; or
(B) the price in the United States for nonfat dry
milk is equal to or greater than the world price of
skim milk powder;
(3) the dairy producer margin is equal to or less than
$5.00 (but greater than $4.00) for two consecutive months, and
during the same two consecutive months--
(A) the price in the United States for cheddar
cheese is more than 5 percent above the world price of
cheddar cheese; or
(B) the price in the United States for nonfat dry
milk is more than 5 percent above the world price of
skim milk powder; or
(4) the dairy producer margin is equal to or less than
$4.00 for two consecutive months, and during the same two
consecutive months--
(A) the price in the United States for cheddar
cheese is more than 7 percent above the world price of
cheddar cheese; or
(B) the price in the United States for nonfat dry
milk is more than 7 percent above the world price of
skim milk powder.
(c) Enhanced Suspension Thresholds.--If the stabilization program
is not suspended pursuant to subsection (b) for six consecutive months
or more, the stabilization program shall be suspended whenever the
Secretary determines that--
(1) the actual dairy producer margin is greater than $6.00
per hundredweight of milk for two consecutive months;
(2) the dairy producer margin is equal to or less than
$6.00 (but greater than $5.00) for two consecutive months, and
during the same two consecutive months--
(A) the price in the United States for cheddar
cheese is not less than 97 percent of the world price
of cheddar cheese; or
(B) the price in the United States for non-fat dry
milk is not less than 97 percent of the world price of
skim milk powder;
(3) the dairy producer margin is equal to or less than
$5.00 (but greater than $4.00) for two consecutive months, and
during the same two consecutive months--
(A) the price in the United States for cheddar
cheese is more than 3 percent above the world price of
cheddar cheese; or
(B) the price in the United States for non fat dry
milk is more than 3 percent above the world price of
skim milk powder; or
(4) the dairy producer margin is equal to or less than
$4.00 for two consecutive months, and during the same two
consecutive months--
(A) the price in the United States for cheddar
cheese is more than 6 percent above the world price of
cheddar cheese; or
(B) the price in the United States for non fat dry
milk is more than 6 percent above the world price of
skim milk powder.
(d) Implementation by Handlers.--Effective on the day after the
date of the announcement by the Secretary under subsection (b) or (c)
of the suspension of the stabilization program, the handler shall cease
reducing payments to participating dairy producers under the
stabilization program.
(e) Condition on Resumption of Stabilization Program.--Upon the
announcement by the Secretary under subsection (b) or (c) that the
stabilization program has been suspended, the stabilization program may
not be implemented again until, at the earliest--
(1) two months have passed, beginning on the first day of
the month immediately following the announcement by the
Secretary; and
(2) the conditions of section 1432(a) are again met.
SEC. 1437. ENFORCEMENT.
(a) Unlawful Act.--It shall be unlawful and a violation of the this
subpart for any person subject to the stabilization program to
willfully fail or refuse to provide, or delay the timely reporting of,
accurate information and remittance of funds to the Secretary in
accordance with this subpart.
(b) Order.--After providing notice and opportunity for a hearing to
an affected person, the Secretary may issue an order against any person
to cease and desist from continuing any violation of this subpart.
(c) Appeal.--An order of the Secretary under subsection (b) shall
be final and conclusive unless an affected person files an appeal of
the order of the Secretary in United States district court not later
than 30 days after the date of the issuance of the order. A finding of
the Secretary in the order shall be set aside only if the finding is
not supported by substantial evidence.
(d) Noncompliance With Order.--If a person subject to this subpart
fails to obey an order issued under subsection (b) after the order has
become final and unappealable, or after the appropriate United States
district court has entered a final judgment in favor of the Secretary,
the United States may apply to the appropriate United States district
court for enforcement of the order. If the court determines that the
order was lawfully made and duly served and that the person violated
the order, the court shall enforce the order.
SEC. 1438. AUDIT REQUIREMENTS.
(a) Audits of Producer and Handler Compliance.--
(1) Audits authorized.--If determined by the Secretary to
be necessary to ensure compliance by participating dairy
producers and handlers with the stabilization program, the
Secretary may conduct periodic audits of participating dairy
producers and handlers.
(2) Sample of dairy producers.--Any audit conducted under
this subsection shall include, at a minimum, investigation of a
statistically valid and random sample of participating dairy
producers.
(b) Submission of Results.--The Secretary shall submit the results
of any audit conducted under subsection (a) to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate and include such
recommendations as the Secretary considers appropriate regarding the
stabilization program.
Subpart C--Commodity Credit Corporation
SEC. 1451. USE OF COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and the authorities
of the Commodity Credit Corporation to carry out this part.
Subpart D--Initiation and Duration
SEC. 1461. RULEMAKING.
(a) Procedure.--The promulgation of regulations for the initiation
of the margin protection program and the stabilization program, and for
administration of such programs, shall be made without regard to--
(1) chapter 35 of title 44, United States Code (commonly
known as the Paperwork Reduction Act);
(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) the notice and comment provisions of section 553 of
title 5, United States Code.
(b) Congressional Review of Agency Rulemaking.--In carrying out
subsection (a), the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 1462. DURATION.
The margin protection program and the stabilization program shall
end on December 31, 2017.
PART II--REPEAL OR REAUTHORIZATION OF OTHER DAIRY-RELATED PROVISIONS
SEC. 1481. REPEAL OF DAIRY PRODUCT PRICE SUPPORT AND MILK INCOME LOSS
CONTRACT PROGRAMS.
(a) Repeal of Dairy Product Price Support Program.--Section 1501 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8771) is
repealed.
(b) Repeal of Milk Income Loss Contract Program.--Section 1506 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8773) is
repealed.
SEC. 1482. REPEAL OF DAIRY EXPORT INCENTIVE PROGRAM.
(a) Repeal.--Section 153 of the Food Security Act of 1985 (15
U.S.C. 713a-14) is repealed.
(b) Conforming Amendments.--Section 902(2) of the Trade Sanctions
Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201(2)) is
amended--
(1) by striking subparagraph (D); and
(2) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively.
SEC. 1483. EXTENSION OF DAIRY FORWARD PRICING PROGRAM.
Section 1502(e) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8772(e)) is amended--
(1) in paragraph (1), by striking ``2012'' and inserting
``2017''; and
(2) in paragraph (2), by striking ``2015'' and inserting
``2020''.
SEC. 1484. EXTENSION OF DAIRY INDEMNITY PROGRAM.
Section 3 of Public Law 90-484 (7 U.S.C. 450l) is amended by
striking ``2012'' and inserting ``2017''.
SEC. 1485. EXTENSION OF DAIRY PROMOTION AND RESEARCH PROGRAM.
Section 113(e)(2) of the Dairy Production Stabilization Act of 1983
(7 U.S.C. 4504(e)(2)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 1486. REPEAL OF FEDERAL MILK MARKETING ORDER REVIEW COMMISSION.
Section 1509 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1726) is repealed.
PART III--EFFECTIVE DATE
SEC. 1491. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect on October 1, 2012.
Subtitle E--Supplemental Agricultural Disaster Assistance Programs
SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
(a) Definitions.--In this section:
(1) Eligible producer on a farm.--
(A) In general.--The term ``eligible producer on a
farm'' means an individual or entity described in
subparagraph (B) that, as determined by the Secretary,
assumes the production and market risks associated with
the agricultural production of crops or livestock.
(B) Description.--An individual or entity referred
to in subparagraph (A) is--
(i) a citizen of the United States;
(ii) a resident alien;
(iii) a partnership of citizens of the
United States; or
(iv) a corporation, limited liability
corporation, or other farm organizational
structure organized under State law.
(2) Farm-raised fish.--The term ``farm-raised fish'' means
any aquatic species that is propagated and reared in a
controlled environment.
(3) Livestock.--The term ``livestock'' includes--
(A) cattle (including dairy cattle);
(B) bison;
(C) poultry;
(D) sheep;
(E) swine;
(F) horses; and
(G) other livestock, as determined by the
Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Livestock Indemnity Payments.--
(1) Payments.--For each of the fiscal years 2012 through
2017, the Secretary shall use such sums as are necessary of the
funds of the Commodity Credit Corporation to make livestock
indemnity payments to eligible producers on farms that have
incurred livestock death losses in excess of the normal
mortality, as determined by the Secretary, due to--
(A) attacks by animals reintroduced into the wild
by the Federal Government or protected by Federal law,
including wolves and avian predators; or
(B) adverse weather, as determined by the
Secretary, during the calendar year, including losses
due to hurricanes, floods, blizzards, disease,
wildfires, extreme heat, and extreme cold.
(2) Payment rates.--Indemnity payments to an eligible
producer on a farm under paragraph (1) shall be made at a rate
of 75 percent of the market value of the applicable livestock
on the day before the date of death of the livestock, as
determined by the Secretary.
(3) Special rule for payments made due to disease.--The
Secretary shall ensure that payments made to an eligible
producer under paragraph (1) are not made for the same
livestock losses for which compensation is provided pursuant to
section 10407(d) of the Animal Health Protection Act (7 U.S.C.
8306(d)).
(c) Livestock Forage Disaster Program.--
(1) Definitions.--In this subsection:
(A) Covered livestock.--
(i) In general.--Except as provided in
clause (ii), the term ``covered livestock''
means livestock of an eligible livestock
producer that, during the 60 days prior to the
beginning date of a qualifying drought or fire
condition, as determined by the Secretary, the
eligible livestock producer--
(I) owned;
(II) leased;
(III) purchased;
(IV) entered into a contract to
purchase;
(V) is a contract grower; or
(VI) sold or otherwise disposed of
due to qualifying drought conditions
during--
(aa) the current production
year; or
(bb) subject to paragraph
(3)(B)(ii), 1 or both of the 2
production years immediately
preceding the current
production year.
(ii) Exclusion.--The term ``covered
livestock'' does not include livestock that
were or would have been in a feedlot, on the
beginning date of the qualifying drought or
fire condition, as a part of the normal
business operation of the eligible livestock
producer, as determined by the Secretary.
(B) Drought monitor.--The term ``drought monitor''
means a system for classifying drought severity
according to a range of abnormally dry to exceptional
drought, as defined by the Secretary.
(C) Eligible livestock producer.--
(i) In general.--The term ``eligible
livestock producer'' means an eligible producer
on a farm that--
(I) is an owner, cash or share
lessee, or contract grower of covered
livestock that provides the pastureland
or grazing land, including cash-leased
pastureland or grazing land, for the
livestock;
(II) provides the pastureland or
grazing land for covered livestock,
including cash-leased pastureland or
grazing land that is physically located
in a county affected by drought;
(III) certifies grazing loss; and
(IV) meets all other eligibility
requirements established under this
subsection.
(ii) Exclusion.--The term ``eligible
livestock producer'' does not include an owner,
cash or share lessee, or contract grower of
livestock that rents or leases pastureland or
grazing land owned by another person on a rate-
of-gain basis.
(D) Normal carrying capacity.--The term ``normal
carrying capacity'', with respect to each type of
grazing land or pastureland in a county, means the
normal carrying capacity, as determined under paragraph
(3)(D)(i), that would be expected from the grazing land
or pastureland for livestock during the normal grazing
period, in the absence of a drought or fire that
diminishes the production of the grazing land or
pastureland.
(E) Normal grazing period.--The term ``normal
grazing period'', with respect to a county, means the
normal grazing period during the calendar year for the
county, as determined under paragraph (3)(D)(i).
(2) Program.--For each of the fiscal years 2012 through
2017, the Secretary shall use such sums as are necessary of the
funds of the Commodity Credit Corporation to provide
compensation for losses to eligible livestock producers due to
grazing losses for covered livestock due to--
(A) a drought condition, as described in paragraph
(3); or
(B) fire, as described in paragraph (4).
(3) Assistance for losses due to drought conditions.--
(A) Eligible losses.--
(i) In general.--An eligible livestock
producer may receive assistance under this
subsection only for grazing losses for covered
livestock that occur on land that--
(I) is native or improved
pastureland with permanent vegetative
cover; or
(II) is planted to a crop planted
specifically for the purpose of
providing grazing for covered
livestock.
(ii) Exclusions.--An eligible livestock
producer may not receive assistance under this
subsection for grazing losses that occur on
land used for haying or grazing under the
conservation reserve program established under
subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16
U.S.C. 3831 et seq.).
(B) Monthly payment rate.--
(i) In general.--Except as provided in
clause (ii), the payment rate for assistance
under this paragraph for 1 month shall, in the
case of drought, be equal to 60 percent of the
lesser of--
(I) the monthly feed cost for all
covered livestock owned or leased by
the eligible livestock producer, as
determined under subparagraph (C); or
(II) the monthly feed cost
calculated by using the normal carrying
capacity of the eligible grazing land
of the eligible livestock producer.
(ii) Partial compensation.--In the case of
an eligible livestock producer that sold or
otherwise disposed of covered livestock due to
drought conditions in 1 or both of the 2
production years immediately preceding the
current production year, as determined by the
Secretary, the payment rate shall be 80 percent
of the payment rate otherwise calculated in
accordance with clause (i).
(C) Monthly feed cost.--
(i) In general.--The monthly feed cost
shall equal the product obtained by
multiplying--
(I) 30 days;
(II) a payment quantity that is
equal to the feed grain equivalent, as
determined under clause (ii); and
(III) a payment rate that is equal
to the corn price per pound, as
determined under clause (iii).
(ii) Feed grain equivalent.--For purposes
of clause (i)(II), the feed grain equivalent
shall equal--
(I) in the case of an adult beef
cow, 15.7 pounds of corn per day; or
(II) in the case of any other type
of weight of livestock, an amount
determined by the Secretary that
represents the average number of pounds
of corn per day necessary to feed the
livestock.
(iii) Corn price per pound.--For purposes
of clause (i)(III), the corn price per pound
shall equal the quotient obtained by dividing--
(I) the higher of--
(aa) the national average
corn price per bushel for the
12-month period immediately
preceding March 1 of the year
for which the disaster
assistance is calculated; or
(bb) the national average
corn price per bushel for the
24-month period immediately
preceding that March 1; by
(II) 56.
(D) Normal grazing period and drought monitor
intensity.--
(i) Fsa county committee determinations.--
(I) In general.--The Secretary
shall determine the normal carrying
capacity and normal grazing period for
each type of grazing land or
pastureland in the county served by the
applicable committee.
(II) Changes.--No change to the
normal carrying capacity or normal
grazing period established for a county
under subclause (I) shall be made
unless the change is requested by the
appropriate State and county Farm
Service Agency committees.
(ii) Drought intensity.--
(I) D2.--An eligible livestock
producer that owns or leases grazing
land or pastureland that is physically
located in a county that is rated by
the U.S. Drought Monitor as having a D2
(severe drought) intensity in any area
of the county for at least 8
consecutive weeks during the normal
grazing period for the county, as
determined by the Secretary, shall be
eligible to receive assistance under
this paragraph in an amount equal to 1
monthly payment using the monthly
payment rate determined under
subparagraph (B).
(II) D3.--An eligible livestock
producer that owns or leases grazing
land or pastureland that is physically
located in a county that is rated by
the U.S. Drought Monitor as having at
least a D3 (extreme drought) intensity
in any area of the county at any time
during the normal grazing period for
the county, as determined by the
Secretary, shall be eligible to receive
assistance under this paragraph--
(aa) in an amount equal to
2 monthly payments using the
monthly payment rate determined
under subparagraph (B); or
(bb) if the county is rated
as having a D3 (extreme
drought) intensity in any area
of the county for at least 4
weeks during the normal grazing
period for the county, or is
rated as having a D4
(exceptional drought) intensity
in any area of the county at
any time during the normal
grazing period, in an amount
equal to 3 monthly payments
using the monthly payment rate
determined under subparagraph
(B).
(4) Assistance for losses due to fire on public managed
land.--
(A) In general.--An eligible livestock producer may
receive assistance under this paragraph only if--
(i) the grazing losses occur on rangeland
that is managed by a Federal agency; and
(ii) the eligible livestock producer is
prohibited by the Federal agency from grazing
the normal permitted livestock on the managed
rangeland due to a fire.
(B) Payment rate.--The payment rate for assistance
under this paragraph shall be equal to 50 percent of
the monthly feed cost for the total number of livestock
covered by the Federal lease of the eligible livestock
producer, as determined under paragraph (3)(C).
(C) Payment duration.--
(i) In general.--Subject to clause (ii), an
eligible livestock producer shall be eligible
to receive assistance under this paragraph for
the period--
(I) beginning on the date on which
the Federal agency excludes the
eligible livestock producer from using
the managed rangeland for grazing; and
(II) ending on the last day of the
Federal lease of the eligible livestock
producer.
(ii) Limitation.--An eligible livestock
producer may only receive assistance under this
paragraph for losses that occur on not more
than 180 days per year.
(5) No duplicative payments.--An eligible livestock
producer may elect to receive assistance for grazing or pasture
feed losses due to drought conditions under paragraph (3) or
fire under paragraph (4), but not both for the same loss, as
determined by the Secretary.
(d) Emergency Assistance for Livestock, Honey Bees, and Farm-raised
Fish.--
(1) In general.--For each of the fiscal years 2012 through
2017, the Secretary shall use not more than $20,000,000 of the
funds of the Commodity Credit Corporation to provide emergency
relief to eligible producers of livestock, honey bees, and
farm-raised fish to aid in the reduction of losses due to
disease (including cattle tick fever), adverse weather, or
other conditions, such as blizzards and wildfires, as
determined by the Secretary, that are not covered under
subsection (b) or (c).
(2) Use of funds.--Funds made available under this
subsection shall be used to reduce losses caused by feed or
water shortages, disease, or other factors as determined by the
Secretary.
(3) Availability of funds.--Any funds made available under
this subsection shall remain available until expended.
(e) Tree Assistance Program.--
(1) Definitions.--In this subsection:
(A) Eligible orchardist.--The term ``eligible
orchardist'' means a person that produces annual crops
from trees for commercial purposes.
(B) Natural disaster.--The term ``natural
disaster'' means plant disease, insect infestation,
drought, fire, freeze, flood, earthquake, lightning, or
other occurrence, as determined by the Secretary.
(C) Nursery tree grower.--The term ``nursery tree
grower'' means a person who produces nursery,
ornamental, fruit, nut, or Christmas trees for
commercial sale, as determined by the Secretary.
(D) Tree.--The term ``tree'' includes a tree, bush,
and vine.
(2) Eligibility.--
(A) Loss.--Subject to subparagraph (B), for each of
the fiscal years 2012 through 2017, the Secretary shall
use such sums as are necessary of the funds of the
Commodity Credit Corporation to provide assistance--
(i) under paragraph (3) to eligible
orchardists and nursery tree growers that
planted trees for commercial purposes but lost
the trees as a result of a natural disaster, as
determined by the Secretary; and
(ii) under paragraph (3)(B) to eligible
orchardists and nursery tree growers that have
a production history for commercial purposes on
planted or existing trees but lost the trees as
a result of a natural disaster, as determined
by the Secretary.
(B) Limitation.--An eligible orchardist or nursery
tree grower shall qualify for assistance under
subparagraph (A) only if the tree mortality of the
eligible orchardist or nursery tree grower, as a result
of damaging weather or related condition, exceeds 15
percent (adjusted for normal mortality).
(3) Assistance.--Subject to paragraph (4), the assistance
provided by the Secretary to eligible orchardists and nursery
tree growers for losses described in paragraph (2) shall
consist of--
(A)(i) reimbursement of 65 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
(ii) at the option of the Secretary, sufficient
seedlings to reestablish a stand; and
(B) reimbursement of 50 percent of the cost of
pruning, removal, and other costs incurred by an
eligible orchardist or nursery tree grower to salvage
existing trees or, in the case of tree mortality, to
prepare the land to replant trees as a result of damage
or tree mortality due to a natural disaster, as
determined by the Secretary, in excess of 15 percent
damage or mortality (adjusted for normal tree damage
and mortality).
(4) Limitations on assistance.--
(A) Definitions of legal entity and person.--In
this paragraph, the terms ``legal entity'' and
``person'' have the meaning given those terms in
section 1001(a) of the Food Security Act of 1985 (7
U.S.C. 1308(a)).
(B) Amount.--The total amount of payments received,
directly or indirectly, by a person or legal entity
(excluding a joint venture or general partnership)
under this subsection may not exceed $125,000 for any
crop year, or an equivalent value in tree seedlings.
(C) Acres.--The total quantity of acres planted to
trees or tree seedlings for which a person or legal
entity shall be entitled to receive payments under this
subsection may not exceed 500 acres.
(f) Payment Limitations.--
(1) Definitions of legal entity and person.--In this
subsection, the terms ``legal entity'' and ``person'' have the
meaning given those terms in section 1001(a) of the Food
Security Act of 1985 (7 U.S.C. 1308(a).
(2) Amount.--The total amount of disaster assistance
payments received, directly or indirectly, by a person or legal
entity (excluding a joint venture or general partnership) under
this section (excluding payments received under subsection (e))
may not exceed $125,000 for any crop year.
(3) Direct attribution.--Subsections (e) and (f) of section
1001 of the Food Security Act of 1985 (7 U.S.C. 1308) or any
successor provisions relating to direct attribution shall apply
with respect to assistance provided under this section.
Subtitle F--Administration
SEC. 1601. ADMINISTRATION GENERALLY.
(a) Use of Commodity Credit Corporation.--The Secretary of
Agriculture shall use the funds, facilities, and authorities of the
Commodity Credit Corporation to carry out this title.
(b) Determinations by Secretary.--A determination made by the
Secretary under this title shall be final and conclusive.
(c) Regulations.--
(1) In general.--Except as otherwise provided in this
subsection, not later than 90 days after the date of enactment
of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations
as are necessary to implement this title and the amendments
made by this title.
(2) Procedure.--The promulgation of the regulations and
administration of this title and the amendments made by this
title and sections 11003 and 11016 of this Act shall be made
without regard to--
(A) the notice and comment provisions of section
553 of title 5, United States Code;
(B) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'');
and
(C) 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.
(3) Congressional review of agency rulemaking.--In carrying
out this subsection, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
(d) Adjustment Authority Related to Trade Agreements Compliance.--
(1) Required determination; adjustment.--If the Secretary
determines that expenditures under this title that are subject
to the total allowable domestic support levels under the
Uruguay Round Agreements (as defined in section 2 of the
Uruguay Round Agreements Act (19 U.S.C. 3501)) will exceed the
allowable levels for any applicable reporting period, the
Secretary shall, to the maximum extent practicable, make
adjustments in the amount of the expenditures during that
period to ensure that the expenditures do not exceed the
allowable levels.
(2) Congressional notification.--Before making any
adjustment under paragraph (1), the Secretary shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report describing the determination made under
that paragraph and the extent of the adjustment to be made.
SEC. 1602. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--The following provisions
of the Agricultural Adjustment Act of 1938 shall not be applicable to
the 2013 through 2017 crops of covered commodities (as defined in
section 1104), cotton, and sugar and shall not be applicable to milk
during the period beginning on the date of enactment of this Act
through December 31, 2017:
(1) Parts II through V of subtitle B of title III (7 U.S.C.
1326 et seq.).
(2) In the case of upland cotton, section 377 (7 U.S.C.
1377).
(3) Subtitle D of title III (7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C. 1401 et seq.).
(b) Agricultural Act of 1949.--The following provisions of the
Agricultural Act of 1949 shall not be applicable to the 2013 through
2017 crops of covered commodities (as defined in section 1104), cotton,
and sugar and shall not be applicable to milk during the period
beginning on the date of enactment of this Act and through December 31,
2017:
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447 et seq.).
(10) Title IV (7 U.S.C. 1421 et seq.), other than sections
404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(11) Title V (7 U.S.C. 1461 et seq.).
(12) Title VI (7 U.S.C. 1471 et seq.).
(c) Suspension of Certain Quota Provisions.--The joint resolution
entitled ``A joint resolution relating to corn and wheat marketing
quotas under the Agricultural Adjustment Act of 1938, as amended'',
approved May 26, 1941 (7 U.S.C. 1330, 1340), shall not be applicable to
the crops of wheat planted for harvest in the calendar years 2013
through 2017.
SEC. 1603. PAYMENT LIMITATIONS.
(a) In General.--Section 1001 of the Food Security Act of 1985 (7
U.S.C. 1308) is amended by striking subsections (b) and (c) and
inserting the following:
``(b) Limitation on Payments for Covered Commodities (other Than
Peanuts).--The total amount of payments received, directly or
indirectly, by a person or legal entity (except a joint venture or
general partnership) for any crop year under subtitle A of title I of
the Federal Agriculture Reform and Risk Management Act of 2012 for 1 or
more covered commodities (other than peanuts) may not exceed $125,000.
``(c) Limitation on Payments for Peanuts.--The total amount of
payments received, directly or indirectly, by a person or legal entity
(except a joint venture or general partnership) for any crop year under
subtitle A of title I of the Federal Agriculture Reform and Risk
Management Act of 2012 for peanuts may not exceed $125,000.''.
(b) Conforming Amendments.--
(1) Section 1001(f) of the Food Security Act of 1985 (7
U.S.C. 1308(f)) is amended by striking ``or title XII'' each
place it appears in paragraphs (5)(A) and (6)(A) and inserting
``, title I of the Federal Agriculture Reform and Risk
Management Act of 2012, or title XII''.
(2) Section 1001C(a) of the Food Security Act of 1985 (7
U.S.C. 1308-3(a)) is amended by inserting ``title I of the
Federal Agriculture Reform and Risk Management Act of 2012,''
after ``2008,''.
(c) Application.--The amendments made by this section shall apply
beginning with the 2013 crop year.
SEC. 1604. ADJUSTED GROSS INCOME LIMITATION.
(a) Limitations and Covered Benefits.--Section 1001D(b) of the Food
Security Act of 1985 (7 U.S.C. 1308-3a(b)) is amended--
(1) in the subsection heading, by striking ``Limitations''
and inserting ``Limitations on Commodity and Conservation
Programs'';
(2) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) Limitation.--Notwithstanding any other provision of
law, a person or legal entity shall not be eligible to receive
any benefit described in paragraph (2) during a crop, fiscal,
or program year, as appropriate, if the average adjusted gross
income of the person or legal entity exceeds $950,000.
``(2) Covered benefits.--Paragraph (1) applies with respect
to a payment or benefit under section 1107, subtitle B or E of
title I, or title II of the Federal Agriculture Reform and Risk
Management Act of 2012, title II of the Farm Security and Rural
Investment Act of 2002, title II of the Food, Conservation, and
Energy Act of 2008, title XII of the Food Security Act of 1985,
section 524(b) of the Federal Crop Insurance Act (7 U.S.C.
1524(b)), or section 196 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333).''.
(b) Elimination of Unused Definitions.--Paragraph (1) of section
1001D(a) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(a)) is
amended to read as follows:
``(1) Average adjusted gross income.--In this section, the
term `average adjusted gross income', with respect to a person
or legal entity, means the average of the adjusted gross income
or comparable measure of the person or legal entity over the 3
taxable years preceding the most immediately preceding complete
taxable year, as determined by the Secretary.''.
(c) Income Determination.--Section 1001D of the Food Security Act
of 1985 (7 U.S.C. 1308-3a) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
(d) Conforming Amendments.--Section 1001D of the Food Security Act
of 1985 (7 U.S.C. 1308-3a) is amended--
(1) in subsection (a)(2)--
(A) by striking ``subparagraph (A) or (B) of''; and
(B) by striking ``, the average adjusted gross farm
income, and the average adjusted gross nonfarm
income'';
(2) in subsection (a)(3), by striking ``, average adjusted
gross farm income, and average adjusted gross nonfarm income''
both places it appears;
(3) in subsection (c) (as redesignated by subsection (c)(2)
of this section)--
(A) in paragraph (1), by striking ``, average
adjusted gross farm income, and average adjusted gross
nonfarm income'' both places it appears; and
(B) in paragraph (2), by striking ``paragraphs
(1)(C) and (2)(B) of subsection (b)'' and inserting
``subsection (b)(2)''; and
(4) in subsection (d) (as redesignated by subsection (c)(2)
of this section)--
(A) by striking ``paragraphs (1)(C) and (2)(B) of
subsection (b)'' and inserting ``subsection (b)(2)'';
and
(B) by striking ``, average adjusted gross farm
income, or average adjusted gross nonfarm income''.
(e) Effective Period.--Subsection (e) of section 1001D of the Food
Security Act of 1985 (7 U.S.C. 1308-3a), as redesignated by subsection
(c)(2) of this section, is amended by striking ``2009 through 2012''
and inserting ``2013 through 2017''.
(f) Limitation on Applicability.--Section 1001(d) of the Food
Security Act of 1985 (7 U.S.C. 1308) is amended by inserting before the
period at the end the following: ``or title I of the Federal
Agriculture Reform and Risk Management Act of 2012''.
(g) Transition.--Section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a), as in effect on the day before the date of the
enactment of this Act, shall apply with respect to the 2012 crop,
fiscal, or program year, as appropriate, for each program described in
paragraphs (1)(C) and (2)(B) of subsection (b) of that section (as so
in effect on that day).
SEC. 1605. GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS.
Section 1621(d) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8792(d)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 1606. 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 ``and title I of the
Food, Conservation, and Energy Act of 2008'' each place it appears and
inserting ``title I of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8702 et seq.), and title I of the Federal Agriculture Reform
and Risk Management Act of 2012''.
SEC. 1607. PREVENTION OF DECEASED INDIVIDUALS RECEIVING PAYMENTS UNDER
FARM COMMODITY PROGRAMS.
(a) Reconciliation.--At least twice each year, the Secretary shall
reconcile social security numbers of all individuals who receive
payments under this title, whether directly or indirectly, with the
Commissioner of Social Security to determined if the individuals are
alive.
(b) Preclusion.--The Secretary shall preclude the issuance of
payments to, and on behalf of, deceased individuals that were not
eligible for payments.
SEC. 1608. TECHNICAL CORRECTIONS.
(a) Missing Punctuation.--Section 359f(c)(1)(B) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ff(c)(1)(B)) is amended by adding
a period at the end.
(b) Erroneous Cross Reference.--
(1) Amendment.--Section 1603(g) of the Food, Conservation,
and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1739) is
amended in paragraphs (2) through (6) and the amendments made
by those paragraphs by striking ``1703(a)'' each place it
appears and inserting ``1603(a)''.
(2) Effective date.--This subsection and the amendments
made by this subsection take effect as if included in the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122
Stat. 1651).
(c) Continued Applicability of Appropriations General Provision.--
Section 767 of division A of Public Law 108-7 (7 U.S.C. 7911 note; 117
Stat. 48) is amended--
(1) in subsection (a)--
(A) by striking ``sections 1101 and 1102 of Public
Law 107-171'' and inserting ``subtitle A of title I of
the Federal Agriculture Reform and Risk Management Act
of 2012''; and
(B) by striking ``such section 1102'' and inserting
``such subtitle''; and
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) This section, as amended by section 1608(c) of the Federal
Agriculture Reform and Risk Management Act of 2012, shall take effect
beginning with the 2013 crop year.''.
SEC. 1609. ASSIGNMENT OF PAYMENTS.
(a) In General.--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 this
title.
(b) Notice.--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.
SEC. 1610. TRACKING OF BENEFITS.
As soon as practicable after the date of enactment of this Act, the
Secretary may track the benefits provided, directly or indirectly, to
individuals and entities under titles I and II and the amendments made
by those titles.
SEC. 1611. SIGNATURE AUTHORITY.
(a) In General.--In carrying out this title and title II and
amendments made by those titles, if the Secretary approves a document,
the Secretary shall not subsequently determine the document is
inadequate or invalid because of the lack of authority of any person
signing the document on behalf of the applicant or any other
individual, entity, general partnership, or joint venture, or the
documents relied upon were determined inadequate or invalid, unless the
person signing the program document knowingly and willfully falsified
the evidence of signature authority or a signature.
(b) Affirmation.--
(1) In general.--Nothing in this section prohibits the
Secretary from asking a proper party to affirm any document
that otherwise would be considered approved under subsection
(a).
(2) No retroactive effect.--A denial of benefits based on a
lack of affirmation under paragraph (1) shall not be
retroactive with respect to third-party producers who were not
the subject of the erroneous representation of authority, if
the third-party producers--
(A) relied on the prior approval by the Secretary
of the documents in good faith; and
(B) substantively complied with all program
requirements.
SEC. 1612. IMPLEMENTATION.
(a) Streamlining.--In implementing this title, the Secretary shall,
to the maximum extent practicable--
(1) seek to reduce administrative burdens and costs to
producers by streamlining and reducing paperwork, forms, and
other administrative requirements;
(2) improve coordination, information sharing, and
administrative work with the Risk Management Agency and the
Natural Resources Conservation Service; and
(3) take advantage of new technologies to enhance
efficiency and effectiveness of program delivery to producers.
(b) Maintenance of Base Acres and Payment Yields.--
(1) In general.--The Secretary shall maintain through
September 30, 2017, for each covered commodity and upland
cotton, base acres and payment yields on a farm established
under--
(A)(i) in the case of covered commodities and
upland cotton, sections 1101 and 1102 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C.
7911, 7912); and
(ii) in the case of peanuts, section 1302 of that
Act (7 U.S.C. 7952); and
(B)(i) in the case of covered commodities and
upland cotton, sections 1101 and 1102 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8711,
8712); and
(ii) in the case of peanuts, section 1302 of that
Act (7 U.S.C. 8752).
(2) Special rule for long grain and medium grain rice.--
(A) In general.--The Secretary shall maintain
separate base acres for long grain rice and medium
grain rice.
(B) Limitation.--In carrying out this paragraph,
the Secretary shall use the same total base acres and
payment yields established with respect to rice under
sections 1108 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8718), as in effect on the day before
the date of enactment of this Act, subject to any
adjustment under section 1105.
(c) Implementation.--The Secretary shall make available to the Farm
Service Agency to carry out this title $100,000,000.
TITLE II--CONSERVATION
Subtitle A--Conservation Reserve Program
SEC. 2001. EXTENSION AND ENROLLMENT REQUIREMENTS OF CONSERVATION
RESERVE PROGRAM.
(a) Extension.--Section 1231(a) of the Food Security Act of 1985
(16 U.S.C. 3831(a)) is amended by striking ``2012'' and inserting
``2017''.
(b) Eligible Land.--Section 1231(b) of the Food Security Act of
1985 (16 U.S.C. 3831(b)) is amended--
(1) in paragraph (1)(B), by striking ``the date of
enactment of the Food, Conservation, and Energy Act of 2008''
and inserting ``the date of the enactment of the Federal
Agriculture Reform and Risk Management Act of 2012'';
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2);
(3) by inserting before paragraph (4) the following new
paragraph:
``(3) grasslands that--
``(A) contain forbs or shrubland (including
improved rangeland and pastureland) for which grazing
is the predominant use;
``(B) are located in an area historically dominated
by grasslands; and
``(C) could provide habitat for animal and plant
populations of significant ecological value if the land
is retained in its current use or restored to a natural
condition;'';
(4) in paragraph (4)(C), by striking ``filterstrips devoted
to trees or shrubs'' and inserting ``filterstrips or riparian
buffers devoted to trees, shrubs, or grasses''; and
(5) by striking paragraph (5) and inserting the following
new paragraph:
``(5) the portion of land in a field not enrolled in the
conservation reserve in a case in which--
``(A) more than 50 percent of the land in the field
is enrolled as a buffer or filterstrip, or more than 75
percent of the land in the field is enrolled as a
conservation practice other than as a buffer or
filterstrip; and
``(B) the remainder of the field is--
``(i) infeasible to farm; and
``(ii) enrolled at regular rental rates.''.
(c) Planting Status of Certain Land.--Section 1231(c) of the Food
Security Act of 1985 (16 U.S.C. 3831(c)) is amended by striking ``if''
and all that follows through the period at the end and inserting ``if,
during the crop year, the land was devoted to a conserving use.''.
(d) Enrollment.--Subsection (d) of section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended to read as follows:
``(d) Enrollment.--
``(1) Maximum acreage enrolled.--The Secretary may maintain
in the conservation reserve at any one time during--
``(A) fiscal year 2012, no more than 32,000,000
acres;
``(B) fiscal year 2013, no more than 29,000,000
acres;
``(C) fiscal year 2014, no more than 26,000,000
acres;
``(D) fiscal year 2015, no more than 26,000,000
acres;
``(E) fiscal year 2016, no more than 25,500,000
acres; and
``(F) fiscal year 2017, no more than 25,000,000
acres.
``(2) Grasslands.--
``(A) Limitation.--For purposes of applying the
limitations in paragraph (1), no more than 2,000,000
acres of the land described in subsection (b)(3) may be
enrolled in the program at any one time during the 2013
through 2017 fiscal years.
``(B) Priority.--In enrolling acres under
subparagraph (A), the Secretary may give priority to
land with expiring conservation reserve program
contracts.
``(C) Method of enrollment.--In enrolling acres
under subparagraph (A), the Secretary shall make the
program available to owners or operators of eligible
land on a continuous enrollment basis with one or more
ranking periods.''.
(e) Duration of Contract.--Section 1231(e) of the Food Security Act
of 1985 (16 U.S.C. 3831(e)) is amended by striking paragraphs (2) and
(3) and inserting the following new paragraph:
``(2) Special rule for certain land.--In the case of land
devoted to hardwood trees, shelterbelts, windbreaks, or
wildlife corridors under a contract entered into under this
subchapter, the owner or operator of the land may, within the
limitations prescribed under paragraph (1), specify the
duration of the contract.''.
(f) Conservation Priority Areas.--Section 1231(f) of the Food
Security Act of 1985 (16 U.S.C. 3831(f)) is amended--
(1) in paragraph (1), by striking ``watershed areas of the
Chesapeake Bay Region, the Great Lakes Region, the Long Island
Sound Region, and other'';
(2) in paragraph (2), by striking ``watersheds.--
Watersheds'' and inserting ``areas.--Areas''; and
(3) in paragraph (3), by striking ``a watershed's
designation--'' and all that follows through the period at the
end and inserting ``an area's designation if the Secretary
finds that the area no longer contains actual and significant
adverse water quality or habitat impacts related to
agricultural production activities.''.
SEC. 2002. FARMABLE WETLAND PROGRAM.
(a) Extension.--Section 1231B(a)(1) of the Food Security Act of
1985 (16 U.S.C. 3831b(a)(1)) is amended--
(1) by striking ``2012'' and inserting ``2017''; and
(2) by striking ``a program'' and inserting ``a farmable
wetland program''.
(b) Eligible Acreage.--Section 1231B(b)(1)(B) of the Food Security
Act of 1985 (16 U.S.C. 3831b(b)(1)(B)) is amended by striking ``flow
from a row crop agriculture drainage system'' and inserting ``surface
and subsurface flow from row crop agricultural production''.
(c) Acreage Limitation.--Section 1231B(c)(1)(B) of the Food
Security Act of 1985 (16 U.S.C. 3831b(c)(1)(B)) is amended by striking
``1,000,000'' and inserting ``750,000''.
(d) Clerical Amendment.--The heading of section 1231B of the Food
Security Act of 1985 (16 U.S.C. 3831b) is amended to read as follows:
``farmable wetland program''.
SEC. 2003. DUTIES OF OWNERS AND OPERATORS.
(a) Limitation on Harvesting, Grazing, or Commercial Use of
Forage.--Section 1232(a)(8) of the Food Security Act of 1985 (16 U.S.C.
3832(a)(8)) is amended by striking ``except that'' and all that follows
through the semicolon at the end of the paragraph and inserting
``except as provided in subsection (b) or (c) of section 1233;''.
(b) Conservation Plan Requirements.--Subsection (b) of section 1232
of the Food Security Act of 1985 (16 U.S.C. 3832) is amended to read as
follows:
``(b) Conservation Plans.--The plan referred to in subsection
(a)(1) shall set forth--
``(1) the conservation measures and practices to be carried
out by the owner or operator during the term of the contract;
and
``(2) the commercial use, if any, to be permitted on the
land during the term.''.
(c) Rental Payment Reduction.--Section 1232 of the Food Security
Act of 1985 (16 U.S.C. 3832) is amended by striking subsection (d).
SEC. 2004. DUTIES OF THE SECRETARY.
Section 1233 of the Food Security Act of 1985 (16 U.S.C. 3833) is
amended to read as follows:
``SEC. 1233. DUTIES OF THE SECRETARY.
``(a) Cost-share and Rental Payments.--In return for a contract
entered into by an owner or operator under the conservation reserve
program, the Secretary shall--
``(1) share the cost of carrying out the conservation
measures and practices set forth in the contract for which the
Secretary determines that cost sharing is appropriate and in
the public interest; and
``(2) for a period of years not in excess of the term of
the contract, pay an annual rental payment in an amount
necessary to compensate for--
``(A) the conversion of highly erodible cropland or
other eligible lands normally devoted to the production
of an agricultural commodity on a farm or ranch to a
less intensive use;
``(B) the retirement of any base history that the
owner or operator agrees to retire permanently; and
``(C) the development and management of grasslands
for multiple natural resource conservation benefits,
including to soil, water, air, and wildlife.
``(b) Specified Activities Permitted.--The Secretary shall permit
certain activities or commercial uses of land that is subject to a
contract under the conservation reserve program in a manner that is
consistent with a plan approved by the Secretary, as follows:
``(1) Harvesting, grazing, or other commercial use of the
forage in response to a drought or other emergency created by a
natural disaster, without any reduction in the rental rate.
``(2) Consistent with the conservation of soil, water
quality, and wildlife habitat (including habitat during nesting
seasons for birds in the area), and in exchange for a reduction
of not less than 25 percent in the annual rental rate for the
acres covered by the authorized activity--
``(A) managed harvesting and other commercial use
(including the managed harvesting of biomass), except
that in permitting managed harvesting, the Secretary,
in coordination with the State technical committee--
``(i) shall develop appropriate vegetation
management requirements; and
``(ii) shall identify periods during which
managed harvesting may be conducted, such that
the frequency is not more than once every three
years;
``(B) routine grazing or prescribed grazing for the
control of invasive species, except that in permitting
such routine grazing or prescribed grazing, the
Secretary, in coordination with the State technical
committee--
``(i) shall develop appropriate vegetation
management requirements and stocking rates for
the land that are suitable for continued
routine grazing; and
``(ii) shall identify the periods during
which routine grazing may be conducted, such
that the frequency is not more than once every
two years, taking into consideration regional
differences such as--
``(I) climate, soil type, and
natural resources;
``(II) the number of years that
should be required between routine
grazing activities; and
``(III) how often during a year in
which routine grazing is permitted that
routine grazing should be allowed to
occur; and
``(C) the installation of wind turbines and
associated access, except that in permitting the
installation of wind turbines, the Secretary shall
determine the number and location of wind turbines that
may be installed, taking into account--
``(i) the location, size, and other
physical characteristics of the land;
``(ii) the extent to which the land
contains wildlife and wildlife habitat; and
``(iii) the purposes of the conservation
reserve program under this subchapter.
``(3) The intermittent and seasonal use of vegetative
buffer practices incidental to agricultural production on lands
adjacent to the buffer such that the permitted use does not
destroy the permanent vegetative cover.
``(c) Authorized Activities on Grasslands.--For eligible land
described in section 1231(b)(3), the Secretary shall permit the
following activities:
``(1) Common grazing practices, including maintenance and
necessary cultural practices, on the land in a manner that is
consistent with maintaining the viability of grassland, forb,
and shrub species appropriate to that locality.
``(2) Haying, mowing, or harvesting for seed production,
subject to appropriate restrictions during the nesting season
for critical bird species in the area.
``(3) Fire presuppression, fire-related rehabilitation, and
construction of fire breaks.
``(4) Grazing-related activities, such as fencing and
livestock watering.
``(d) Resource Conserving Use.--
``(1) In general.--Beginning on the date that is 1 year
before the date of termination of a contract under the program,
the Secretary shall allow an owner or operator to make
conservation and land improvements that facilitate maintaining
protection of enrolled land after expiration of the contract.
``(2) Conservation plan.--The Secretary shall require an
owner or operator carrying out the activities described in
paragraph (1) to develop and implement a conservation plan.
``(3) Re-enrollment prohibited.--Land improved under
paragraph (1) may not be re-enrolled in the conservation
reserve program for 5 years after the date of termination of
the contract.''.
SEC. 2005. PAYMENTS.
(a) Trees, Windbreaks, Shelterbelts, and Wildlife Corridors.--
Section 1234(b)(3)(A) of the Food Security Act of 1985 (16 U.S.C.
3834(b)(3)(A)) is amended--
(1) in clause (i), by inserting ``and'' after the
semicolon;
(2) by striking clause (ii); and
(3) by redesignating clause (iii) as clause (ii).
(b) Annual Rental Payments.--Section 1234(c) of the Food Security
Act of 1985 (16 U.S.C. 3834(c)) is amended--
(1) in paragraph (1), by inserting ``or other eligible
lands'' after ``highly erodible cropland'' both places it
appears; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Methods of determination.--
``(A) In general.--The amounts payable to owners or
operators in the form of rental payments under
contracts entered into under this subchapter may be
determined through--
``(i) the submission of bids for such
contracts by owners and operators in such
manner as the Secretary may prescribe; or
``(ii) such other means as the Secretary
determines are appropriate.
``(B) Grasslands.--In the case of eligible land
described in section 1231(b)(3), the Secretary shall
make annual payments in an amount that is not more than
75 percent of the grazing value of the land covered by
the contract.''.
(c) Payment Schedule.--Subsection (d) of section 1234 of the Food
Security Act of 1985 (16 U.S.C. 3834) is amended to read as follows:
``(d) Payment Schedule.--
``(1) In general.--Except as otherwise provided in this
section, payments under this subchapter shall be made in cash
in such amount and on such time schedule as is agreed on and
specified in the contract.
``(2) Advance payment.--Payments under this subchapter may
be made in advance of determination of performance.''.
(d) Payment Limitation.--Section 1234(f) of the Food Security Act
of 1985 (16 U.S.C. 3834(f)) is amended--
(1) in paragraph (1), by striking ``, including rental
payments made in the form of in-kind commodities,'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (2).
SEC. 2006. CONTRACT REQUIREMENTS.
(a) Early Termination by Owner or Operator.--Section 1235(e) of the
Food Security Act of 1985 (16 U.S.C. 3835(e)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``The Secretary'' and inserting
``During fiscal year 2013, the Secretary''; and
(B) by striking ``before January 1, 1995,'';
(2) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) Land devoted to hardwood trees.
``(D) Wildlife habitat, duck nesting habitat,
pollinator habitat, upland bird habitat buffer,
wildlife food plots, State acres for wildlife
enhancement, shallow water areas for wildlife, and rare
and declining habitat.
``(E) Farmable wetland and restored wetland.
``(F) Land that contains diversions, erosion
control structures, flood control structures, contour
grass strips, living snow fences, salinity reducing
vegetation, cross wind trap strips, and sediment
retention structures.
``(G) Land located within a federally-designated
wellhead protection area.
``(H) Land that is covered by an easement under the
conservation reserve program.
``(I) Land located within an average width,
according to the applicable Natural Resources
Conservation Service field office technical guide, of a
perennial stream or permanent water body.''; and
(3) in paragraph (3), by striking ``60 days after the date
on which the owner or operator submits the notice required
under paragraph (1)(C)'' and inserting ``upon approval by the
Secretary''.
(b) Transition Option for Certain Farmers or Ranchers.--Section
1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``Duties'' and all that follows through ``a
beginning farmer'' and inserting ``Transition to
covered farmer or rancher.--In the case of a contract
modification approved in order to facilitate the
transfer of land subject to a contract from a retired
farmer or rancher to a beginning farmer'';
(B) in subparagraph (A)(i), by inserting ``,
including preparing to plant an agricultural crop''
after ``improvements'';
(C) in subparagraph (D), by striking ``the farmer
or rancher'' and inserting ``the covered farmer or
rancher''; and
(D) in subparagraph (E), by striking ``section
1001A(b)(3)(B)'' and inserting ``section 1001''; and
(2) in paragraph (2), by striking ``requirement of section
1231(h)(4)(B)'' and inserting ``option pursuant to section
1234(c)(2)(A)(ii)''.
(c) Final Year Contract.--Section 1235 of the Food Security Act of
1985 (16 U.S.C. 3835) is amended by adding at the end the following new
subsections:
``(g) Final Year of Contract.--The Secretary shall not consider an
owner or operator to be in violation of a term or condition of the
conservation reserve contract if--
``(1) during the year prior to expiration of the contract,
the land is enrolled in the conservation stewardship program;
and
``(2) the activity required under the conservation
stewardship program pursuant to such enrollment is consistent
with this subchapter.
``(h) Land Enrolled in Agricultural Conservation Easement
Program.--The Secretary may terminate or modify a contract entered into
under this subchapter if eligible land that is subject to such contract
is transferred into the agricultural conservation easement program
under subtitle H.''.
SEC. 2007. CONVERSION OF LAND SUBJECT TO CONTRACT TO OTHER CONSERVING
USES.
Section 1235A of the Food Security Act of 1985 (16 U.S.C. 3835a) is
repealed.
SEC. 2008. EFFECTIVE DATE.
(a) In General.--The amendments made by this subtitle shall take
effect on October 1, 2012, except the amendment made by section
2001(d), which shall take effect on the date of the enactment of this
Act.
(b) Effect on Existing Contracts.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this subtitle shall not affect the validity
or terms of any contract entered into by the Secretary of
Agriculture under subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
seq.) before October 1, 2012, or any payments required to be
made in connection with the contract.
(2) Updating of existing contracts.--The Secretary shall
permit an owner or operator of land subject to a contract
entered into under subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
seq.) before October 1, 2012, to update the contract to reflect
the activities and uses of land under contract permitted under
the terms and conditions of section 1233(b) of that Act (as
amended by section 2004), as determined appropriate by the
Secretary.
Subtitle B--Conservation Stewardship Program
SEC. 2101. CONSERVATION STEWARDSHIP PROGRAM.
(a) Revision of Current Program.--Subchapter B of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3838d et seq.) is amended to read as follows:
``Subchapter B--Conservation Stewardship Program
``SEC. 1238D. DEFINITIONS.
``In this subchapter:
``(1) Agricultural operation.--The term `agricultural
operation' means all eligible land, whether or not contiguous,
that is--
``(A) under the effective control of a producer at
the time the producer enters into a contract under the
program; and
``(B) operated with equipment, labor, management,
and production or cultivation practices that are
substantially separate from other agricultural
operations, as determined by the Secretary.
``(2) Conservation activities.--
``(A) In general.--The term `conservation
activities' means conservation systems, practices, or
management measures.
``(B) Inclusions.--The term `conservation
activities' includes--
``(i) structural measures, vegetative
measures, and land management measures,
including agriculture drainage management
systems, as determined by the Secretary; and
``(ii) planning needed to address a
priority resource concern.
``(3) Conservation stewardship plan.--The term
`conservation stewardship plan' means a plan that--
``(A) identifies and inventories priority resource
concerns;
``(B) establishes benchmark data and conservation
objectives;
``(C) describes conservation activities to be
implemented, managed, or improved; and
``(D) includes a schedule and evaluation plan for
the planning, installation, and management of the new
and existing conservation activities.
``(4) Eligible land.--
``(A) In general.--The term `eligible land' means--
``(i) private or tribal land on which
agricultural commodities, livestock, or forest-
related products are produced; and
``(ii) lands associated with the land
described in clause (i) on which priority
resource concerns could be addressed through a
contract under the program.
``(B) Inclusions.--The term `eligible land'
includes--
``(i) cropland;
``(ii) grassland;
``(iii) rangeland;
``(iv) pasture land;
``(v) nonindustrial private forest land;
and
``(vi) other agricultural areas (including
cropped woodland, marshes, and agricultural
land used or capable of being used for the
production of livestock), as determined by the
Secretary.
``(5) Priority resource concern.--The term `priority
resource concern' means a natural resource concern or problem,
as determined by the Secretary, that--
``(A) is identified at the national, State, or
local level as a priority for a particular area of a
State;
``(B) represents a significant concern in a State
or region; and
``(C) is likely to be addressed successfully
through the implementation of conservation activities
under this program.
``(6) Program.--The term `program' means the conservation
stewardship program established by this subchapter.
``(7) Stewardship threshold.--The term `stewardship
threshold' means the level of management required, as
determined by the Secretary, to conserve and improve the
quality and condition of a natural resource.
``SEC. 1238E. CONSERVATION STEWARDSHIP PROGRAM.
``(a) Establishment and Purpose.--During each of fiscal years 2013
through 2017, the Secretary shall carry out a conservation stewardship
program to encourage producers to address priority resource concerns in
a comprehensive manner--
``(1) by undertaking additional conservation activities;
and
``(2) by improving, maintaining, and managing existing
conservation activities.
``(b) Exclusions.--
``(1) Land enrolled in other conservation programs.--
Subject to paragraph (2), the following land (even if covered
by the definition of eligible land) is not eligible for
enrollment in the program:
``(A) Land enrolled in the conservation reserve
program, unless--
``(i) the conservation reserve contract
will expire at the end of the fiscal year in
which the land is to be enrolled in the
program; and
``(ii) conservation reserve program
payments for land enrolled in the program cease
before the first program payment is made to the
applicant under this subchapter.
``(B) Land enrolled in a wetland easement through
the agricultural conservation easement program.
``(C) Land enrolled in the conservation security
program.
``(2) Conversion to cropland.--Eligible land used for crop
production after October 1, 2012, that had not been planted,
considered to be planted, or devoted to crop production for at
least 4 of the 6 years preceding that date shall not be the
basis for any payment under the program, unless the land does
not meet the requirement because--
``(A) the land had previously been enrolled in the
conservation reserve program;
``(B) the land has been maintained using long-term
crop rotation practices, as determined by the
Secretary; or
``(C) the land is incidental land needed for
efficient operation of the farm or ranch, as determined
by the Secretary.
``SEC. 1238F. STEWARDSHIP CONTRACTS.
``(a) Submission of Contract Offers.--To be eligible to participate
in the conservation stewardship program, a producer shall submit to the
Secretary a contract offer for the agricultural operation that--
``(1) demonstrates to the satisfaction of the Secretary
that the producer, at the time of the contract offer, meets or
exceeds the stewardship threshold for at least 2 priority
resource concerns; and
``(2) would, at a minimum, meet or exceed the stewardship
threshold for at least 1 additional priority resource concern
by the end of the stewardship contract by--
``(A) installing and adopting additional
conservation activities; and
``(B) improving, maintaining, and managing existing
conservation activities across the entire agricultural
operation in a manner that increases or extends the
conservation benefits in place at the time the contract
offer is accepted by the Secretary.
``(b) Evaluation of Contract Offers.--
``(1) Ranking of applications.--In evaluating contract
offers submitted under subsection (a), the Secretary shall rank
applications based on--
``(A) the level of conservation treatment on all
applicable priority resource concerns at the time of
application;
``(B) the degree to which the proposed conservation
activities effectively increase conservation
performance;
``(C) the number of applicable priority resource
concerns proposed to be treated to meet or exceed the
stewardship threshold by the end of the contract;
``(D) the extent to which other priority resource
concerns will be addressed to meet or exceed the
stewardship threshold by the end of the contract
period;
``(E) the extent to which the actual and
anticipated conservation benefits from the contract are
provided at the least cost relative to other similarly
beneficial contract offers; and
``(F) the extent to which priority resource
concerns will be addressed when transitioning from the
conservation reserve program to agricultural
production.
``(2) Prohibition.--The Secretary may not assign a higher
priority to any application because the applicant is willing to
accept a lower payment than the applicant would otherwise be
eligible to receive.
``(3) Additional criteria.--The Secretary may develop and
use such additional criteria that the Secretary determines are
necessary to ensure that national, State, and local priority
resource concerns are effectively addressed.
``(c) Entering Into Contracts.--After a determination that a
producer is eligible for the program under subsection (a), and a
determination that the contract offer ranks sufficiently high under the
evaluation criteria under subsection (b), the Secretary shall enter
into a conservation stewardship contract with the producer to enroll
the eligible land to be covered by the contract.
``(d) Contract Provisions.--
``(1) Term.--A conservation stewardship contract shall be
for a term of 5 years.
``(2) Required provisions.--The conservation stewardship
contract of a producer shall--
``(A) state the amount of the payment the Secretary
agrees to make to the producer for each year of the
conservation stewardship contract under section
1238G(d);
``(B) require the producer--
``(i) to implement a conservation
stewardship plan that describes the program
purposes to be achieved through 1 or more
conservation activities;
``(ii) to maintain and supply information
as required by the Secretary to determine
compliance with the conservation stewardship
plan and any other requirements of the program;
and
``(iii) not to conduct any activities on
the agricultural operation that would tend to
defeat the purposes of the program;
``(C) permit all economic uses of the eligible land
that--
``(i) maintain the agricultural nature of
the land; and
``(ii) are consistent with the conservation
purposes of the conservation stewardship
contract;
``(D) include a provision to ensure that a producer
shall not be considered in violation of the contract
for failure to comply with the contract due to
circumstances beyond the control of the producer,
including a disaster or related condition, as
determined by the Secretary;
``(E) include provisions requiring that upon the
violation of a term or condition of the contract at any
time the producer has control of the land--
``(i) if the Secretary determines that the
violation warrants termination of the
contract--
``(I) the producer shall forfeit
all rights to receive payments under
the contract; and
``(II) the producer shall refund
all or a portion of the payments
received by the producer under the
contract, including any interest on the
payments, as determined by the
Secretary; or
``(ii) if the Secretary determines that the
violation does not warrant termination of the
contract, the producer shall refund or accept
adjustments to the payments provided to the
producer, as the Secretary determines to be
appropriate;
``(F) include provisions in accordance with
paragraphs (3) and (4) of this section; and
``(G) include any additional provisions the
Secretary determines are necessary to carry out the
program.
``(3) Change of interest in land subject to a contract.--
``(A) In general.--At the time of application, a
producer shall have control of the eligible land to be
enrolled in the program. Except as provided in
subparagraph (B), a change in the interest of a
producer in eligible land covered by a contract under
the program shall result in the termination of the
contract with regard to that land.
``(B) Transfer of duties and rights.--Subparagraph
(A) shall not apply if--
``(i) within a reasonable period of time
(as determined by the Secretary) after the date
of the change in the interest in eligible land
covered by a contract under the program, the
transferee of the land provides written notice
to the Secretary that all duties and rights
under the contract have been transferred to,
and assumed by, the transferee for the portion
of the land transferred;
``(ii) the transferee meets the eligibility
requirements of the program; and
``(iii) the Secretary approves the transfer
of all duties and rights under the contract.
``(4) Modification and termination of contracts.--
``(A) Voluntary modification or termination.--The
Secretary may modify or terminate a contract with a
producer if--
``(i) the producer agrees to the
modification or termination; and
``(ii) the Secretary determines that the
modification or termination is in the public
interest.
``(B) Involuntary termination.--The Secretary may
terminate a contract if the Secretary determines that
the producer violated the contract.
``(5) Repayment.--If a contract is terminated, the
Secretary may, consistent with the purposes of the program--
``(A) allow the producer to retain payments already
received under the contract; or
``(B) require repayment, in whole or in part, of
payments received and assess liquidated damages.
``(e) Contract Renewal.--At the end of the initial 5-year contract
period, the Secretary may allow the producer to renew the contract for
1 additional 5-year period if the producer--
``(1) demonstrates compliance with the terms of the initial
contract;
``(2) agrees to adopt and continue to integrate
conservation activities across the entire agricultural
operation, as determined by the Secretary; and
``(3) agrees, by the end of the contract period--
``(A) to meet the stewardship threshold of at least
two additional priority resource concerns on the
agricultural operation; or
``(B) to exceed the stewardship threshold of two
existing priority resource concerns that are specified
by the Secretary in the initial contract.
``SEC. 1238G. DUTIES OF THE SECRETARY.
``(a) In General.--To achieve the conservation goals of a contract
under the conservation stewardship program, the Secretary shall--
``(1) make the program available to eligible producers on a
continuous enrollment basis with 1 or more ranking periods, one
of which shall occur in the first quarter of each fiscal year;
``(2) identify not less than 5 priority resource concerns
in a particular watershed or other appropriate region or area
within a State; and
``(3) establish a science-based stewardship threshold for
each priority resource concern identified under paragraph (2).
``(b) Allocation to States.--The Secretary shall allocate acres to
States for enrollment, based--
``(1) primarily on each State's proportion of eligible land
to the total acreage of eligible land in all States; and
``(2) also on consideration of--
``(A) the extent and magnitude of the conservation
needs associated with agricultural production in each
State;
``(B) the degree to which implementation of the
program in the State is, or will be, effective in
helping producers address those needs; and
``(C) other considerations to achieve equitable
geographic distribution of funds, as determined by the
Secretary.
``(c) Acreage Enrollment Limitation.--During the period beginning
on October 1, 2012, and ending on September 30, 2021, the Secretary
shall, to the maximum extent practicable--
``(1) enroll in the program an additional 9,000,000 acres
for each fiscal year; and
``(2) manage the program to achieve a national average rate
of $18 per acre, which shall include the costs of all financial
assistance, technical assistance, and any other expenses
associated with enrollment or participation in the program.
``(d) Conservation Stewardship Payments.--
``(1) Availability of payments.--The Secretary shall
provide annual payments under the program to compensate the
producer for--
``(A) installing and adopting additional
conservation activities; and
``(B) improving, maintaining, and managing
conservation activities in place at the agricultural
operation of the producer at the time the contract
offer is accepted by the Secretary.
``(2) Payment amount.--The amount of the conservation
stewardship annual payment shall be determined by the Secretary
and based, to the maximum extent practicable, on the following
factors:
``(A) Costs incurred by the producer associated
with planning, design, materials, installation, labor,
management, maintenance, or training.
``(B) Income forgone by the producer.
``(C) Expected conservation benefits.
``(D) The extent to which priority resource
concerns will be addressed through the installation and
adoption of conservation activities on the agricultural
operation.
``(E) The level of stewardship in place at the time
of application and maintained over the term of the
contract.
``(F) The degree to which the conservation
activities will be integrated across the entire
agricultural operation for all applicable priority
resource concerns over the term of the contract.
``(G) Such other factors as determined appropriate
by the Secretary.
``(3) Exclusions.--A payment to a producer under this
subsection shall not be provided for--
``(A) the design, construction, or maintenance of
animal waste storage or treatment facilities or
associated waste transport or transfer devices for
animal feeding operations; or
``(B) conservation activities for which there is no
cost incurred or income forgone to the producer.
``(4) Delivery of payments.--In making payments under this
subsection, the Secretary shall, to the extent practicable--
``(A) prorate conservation performance over the
term of the contract so as to accommodate, to the
extent practicable, producers earning equal annual
payments in each fiscal year; and
``(B) make payments as soon as practicable after
October 1 of each fiscal year for activities carried
out in the previous fiscal year.
``(e) Supplemental Payments for Resource-conserving Crop
Rotations.--
``(1) Availability of payments.--The Secretary shall
provide additional payments to producers that, in participating
in the program, agree to adopt or improve resource-conserving
crop rotations to achieve beneficial crop rotations as
appropriate for the eligible land of the producers.
``(2) Beneficial crop rotations.--The Secretary shall
determine whether a resource-conserving crop rotation is a
beneficial crop rotation eligible for additional payments under
paragraph (1) based on whether the resource-conserving crop
rotation is designed to provide natural resource conservation
and production benefits.
``(3) Eligibility.--To be eligible to receive a payment
described in paragraph (1), a producer shall agree to adopt and
maintain beneficial resource-conserving crop rotations for the
term of the contract.
``(4) Resource-conserving crop rotation.--In this
subsection, the term `resource-conserving crop rotation' means
a crop rotation that--
``(A) includes at least 1 resource conserving crop
(as defined by the Secretary);
``(B) reduces erosion;
``(C) improves soil fertility and tilth;
``(D) interrupts pest cycles; and
``(E) in applicable areas, reduces depletion of
soil moisture or otherwise reduces the need for
irrigation.
``(f) Payment Limitations.--A person or legal entity may not
receive, directly or indirectly, payments under the program that, in
the aggregate, exceed $200,000 under all contracts entered into during
fiscal years 2013 through 2017, excluding funding arrangements with
Indian tribes, regardless of the number of contracts entered into under
the program by the person or legal entity.
``(g) Specialty Crop and Organic Producers.--The Secretary shall
ensure that outreach and technical assistance are available, and
program specifications are appropriate to enable specialty crop and
organic producers to participate in the program.
``(h) Coordination With Organic Certification.--The Secretary shall
establish a transparent means by which producers may initiate organic
certification under the Organic Foods Production Act of 1990 (7 U.S.C.
6501 et seq.) while participating in a contract under the program.
``(i) Regulations.--The Secretary shall promulgate regulations
that--
``(1) prescribe such other rules as the Secretary
determines to be necessary to ensure a fair and reasonable
application of the limitations established under subsection
(f); and
``(2) otherwise enable the Secretary to carry out the
program.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
(c) Effect on Existing Contracts.--
(1) In general.--The amendment made by this section shall
not affect the validity or terms of any contract entered into
by the Secretary of Agriculture under subchapter B of chapter 2
of subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838d et seq.) before October 1, 2012, or any payments
required to be made in connection with the contract.
(2) Conservation stewardship program.--Funds made available
under section 1241(a)(4) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(4)) (as amended by section 2601(a) of this
title) may be used to administer and make payments to program
participants that enrolled into contracts during any of fiscal
years 2009 through 2012.
Subtitle C--Environmental Quality Incentives Program
SEC. 2201. PURPOSES.
Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is
amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) by redesignating subparagraph (B) as
subparagraph (C) and, in such subparagraph, by
inserting ``and'' after the semicolon; and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) developing and improving wildlife habitat;
and'';
(2) in paragraph (4), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (5).
SEC. 2202. ESTABLISHMENT AND ADMINISTRATION.
Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2)
is amended--
(1) in subsection (a), by striking ``2014'' and inserting
``2017'';
(2) in subsection (b), by striking paragraph (2) and
inserting the following new paragraph:
``(2) Term.--A contract under the program shall have a term
that does not exceed 10 years.'';
(3) in subsection (d)(4)--
(A) in subparagraph (A), in the matter preceding
clause (i), by inserting ``, veteran farmer or rancher
(as defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(e))),'' before ``or a beginning farmer or
rancher''; and
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Advance payments.--
``(i) In general.--Not more than 50 percent
of the amount determined under subparagraph (A)
may be provided in advance for the purpose of
purchasing materials or contracting.
``(ii) Return of funds.--If funds provided
in advance are not expended during the 90-day
period beginning on the date of receipt of the
funds, the funds shall be returned within a
reasonable time frame, as determined by the
Secretary.'';
(4) by striking subsection (f) and inserting the following
new subsection:
``(f) Allocation of Funding.--
``(1) Livestock.--For each of fiscal years 2013 through
2017, at least 60 percent of the funds made available for
payments under the program shall be targeted at practices
relating to livestock production.
``(2) Wildlife habitat.--For each of fiscal years 2013
through 2017, 5 percent of the funds made available for
payments under the program shall be targeted at practices
benefitting wildlife habitat.'';
(5) in subsection (g)--
(A) in the subsection heading, by striking
``Federally Recognized Native American Indian Tribes
and Alaska Native Corporations'' and inserting ``Indian
Tribes'';
(B) by striking ``federally recognized Native
American Indian Tribes and Alaska Native Corporations
(including their affiliated membership organizations)''
and inserting ``Indian tribes''; and
(C) by striking ``or Native Corporation''; and
(6) by adding at the end the following:
``(j) Wildlife Habitat Incentive Practice.--The Secretary shall
provide payments under the program for conservation practices that
support the restoration, development, and improvement of wildlife
habitat on eligible land, including--
``(1) upland wildlife habitat;
``(2) wetland wildlife habitat;
``(3) habitat for threatened and endangered species;
``(4) fish habitat;
``(5) habitat on pivot corners and other irregular areas of
a field; and
``(6) other types of wildlife habitat, as determined
appropriate by the Secretary.''.
SEC. 2203. EVALUATION OF APPLICATIONS.
Section 1240C(b) of the Food Security Act of 1985 (16 U.S.C.
3839aa-3(b)) is amended--
(1) in paragraph (1), by striking ``environmental'' and
inserting ``conservation''; and
(2) in paragraph (3), by striking ``purpose of the
environmental quality incentives program specified in section
1240(1)'' and inserting ``purposes of the program''.
SEC. 2204. DUTIES OF PRODUCERS.
Section 1240D(2) of the Food Security Act of 1985 (16 U.S.C.
3839aa-4(2)) is amended by striking ``farm, ranch, or forest'' and
inserting ``enrolled''.
SEC. 2205. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended to read as follows:
``SEC. 1240G. LIMITATION ON PAYMENTS.
``A person or legal entity may not receive, directly or indirectly,
cost share or incentive payments under this chapter that, in aggregate,
exceed $450,000 for all contracts entered into under this chapter by
the person or legal entity during the period of fiscal years 2013
through 2017, regardless of the number of contracts entered into under
this chapter by the person or legal entity.''.
SEC. 2206. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8)
is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(E) facilitate on-farm conservation research and
demonstration activities; and
``(F) facilitate pilot testing of new technologies
or innovative conservation practices.''; and
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) Reporting.--Not later than December 31, 2013, and every two
years thereafter, the Secretary shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives a report on the status of
projects funded under this section, including--
``(1) funding awarded;
``(2) project results; and
``(3) incorporation of project findings, such as new
technology and innovative approaches, into the conservation
efforts implemented by the Secretary.''.
SEC. 2207. EFFECTIVE DATE.
(a) In General.--The amendments made by this subtitle shall take
effect on October 1, 2012.
(b) Effect on Existing Contracts.--The amendments made by this
subtitle shall not affect the validity or terms of any contract entered
into by the Secretary of Agriculture under chapter 4 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.)
before October 1, 2012, or any payments required to be made in
connection with the contract.
Subtitle D--Agricultural Conservation Easement Program
SEC. 2301. AGRICULTURAL CONSERVATION EASEMENT PROGRAM.
(a) Establishment.--Title XII of the Food Security Act of 1985 is
amended by adding at the end the following new subtitle:
``Subtitle H--Agricultural Conservation Easement Program
``SEC. 1265. ESTABLISHMENT AND PURPOSES.
``(a) Establishment.--The Secretary shall establish an agricultural
conservation easement program for the conservation of eligible land and
natural resources through easements or other interests in land.
``(b) Purposes.--The purposes of the program are to--
``(1) combine the purposes and coordinate the functions of
the wetlands reserve program established under section 1237,
the grassland reserve program established under section 1238N,
and the farmland protection program established under section
1238I, as such sections were in effect on September 30, 2012;
``(2) restore, protect, and enhance wetlands on eligible
land;
``(3) protect the agricultural use and related conservation
values of eligible land by limiting nonagricultural uses of
that land; and
``(4) protect grazing uses and related conservation values
by restoring and conserving eligible land.
``SEC. 1265A. DEFINITIONS.
``In this subtitle:
``(1) Agricultural land easement.--The term `agricultural
land easement' means an easement or other interest in eligible
land that--
``(A) is conveyed for the purpose of protecting
natural resources and the agricultural nature of the
land; and
``(B) permits the landowner the right to continue
agricultural production and related uses subject to an
agricultural land easement plan, as approved by the
Secretary.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) an agency of State or local government or an
Indian tribe (including a farmland protection board or
land resource council established under State law); or
``(B) an organization that is--
``(i) organized for, and at all times since
the formation of the organization has been
operated principally for, 1 or more of the
conservation purposes specified in clause (i),
(ii), (iii), or (iv) of section 170(h)(4)(A) of
the Internal Revenue Code of 1986;
``(ii) an organization described in section
501(c)(3) of that Code that is exempt from
taxation under section 501(a) of that Code; or
``(iii) described in--
``(I) paragraph (1) or (2) of
section 509(a) of that Code; or
``(II) section 509(a)(3) of that
Code and is controlled by an
organization described in section
509(a)(2) of that Code.
``(3) Eligible land.--The term `eligible land' means
private or tribal land that is--
``(A) in the case of an agricultural land easement,
agricultural land, including land on a farm or ranch--
``(i) that is subject to a pending offer
for purchase of an agricultural land easement
from an eligible entity;
``(ii) that--
``(I) has prime, unique, or other
productive soil;
``(II) contains historical or
archaeological resources; or
``(III) the protection of which
will further a State or local policy
consistent with the purposes of the
program; and
``(iii) that is--
``(I) cropland;
``(II) rangeland;
``(III) grassland or land that
contains forbs, or shrubland for which
grazing is the predominate use;
``(IV) pastureland; or
``(V) nonindustrial private forest
land that contributes to the economic
viability of an offered parcel or
serves as a buffer to protect such land
from development;
``(B) in the case of a wetland easement, a wetland
or related area, including--
``(i) farmed or converted wetlands,
together with adjacent land that is
functionally dependent on that land, if the
Secretary determines it--
``(I) is likely to be successfully
restored in a cost effective manner;
and
``(II) will maximize the wildlife
benefits and wetland functions and
values, as determined by the Secretary
in consultation with the Secretary of
the Interior at the local level;
``(ii) cropland or grassland that was used
for agricultural production prior to flooding
from the natural overflow of--
``(I) a closed basin lake and
adjacent land that is functionally
dependent upon it, if the State or
other entity is willing to provide 50
percent share of the cost of an
easement;
``(II) a pothole and adjacent land
that is functionally dependent on it;
``(iii) farmed wetlands and adjoining lands
that--
``(I) are enrolled in the
conservation reserve program;
``(II) have the highest wetland
functions and values, as determined by
the Secretary; and
``(III) are likely to return to
production after they leave the
conservation reserve program;
``(iv) riparian areas that link wetlands
that are protected by easements or some other
device that achieves the same purpose as an
easement; or
``(v) other wetlands of an owner that would
not otherwise be eligible, if the Secretary
determines that the inclusion of such wetlands
in a wetland easement would significantly add
to the functional value of the easement; or
``(C) in the case of either an agricultural land
easement or wetland easement, other land that is
incidental to land described in subparagraph (A) or
(B), if the Secretary determines that it is necessary
for the efficient administration of the easements under
this program.
``(4) Program.--The term `program' means the agricultural
conservation easement program established by this subtitle.
``(5) Wetland easement.--The term `wetland easement' means
a reserved interest in eligible land that--
``(A) is defined and delineated in a deed; and
``(B) stipulates--
``(i) the rights, title, and interests in
land conveyed to the Secretary; and
``(ii) the rights, title, and interests in
land that are reserved to the landowner.
``SEC. 1265B. AGRICULTURAL LAND EASEMENTS.
``(a) Availability of Assistance.--The Secretary shall facilitate
and provide funding for--
``(1) the purchase by eligible entities of agricultural
land easements and other interests in eligible land; and
``(2) technical assistance to provide for the conservation
of natural resources pursuant to an agricultural land easement
plan.
``(b) Cost-share Assistance.--
``(1) In general.--The Secretary shall protect the
agricultural use, including grazing, and related conservation
values of eligible land through cost-share assistance to
eligible entities for purchasing agricultural land easements.
``(2) Scope of assistance available.--
``(A) Federal share.--An agreement described in
paragraph (4) shall provide for a Federal share
determined by the Secretary of an amount not to exceed
50 percent of the fair market value of the agricultural
land easement or other interest in land, as determined
by the Secretary using--
``(i) the Uniform Standards of Professional
Appraisal Practice;
``(ii) an area-wide market analysis or
survey; or
``(iii) another industry-approved method.
``(B) Non-federal share.--
``(i) In general.--Under the agreement, the
eligible entity shall provide a share that is
at least equivalent to that provided by the
Secretary.
``(ii) Source of contribution.--An eligible
entity may include as part of its share a
charitable donation or qualified conservation
contribution (as defined by section 170(h) of
the Internal Revenue Code of 1986) from the
private landowner if the eligible entity
contributes its own cash resources in an amount
that is at least 50 percent of the amount
contributed by the Secretary.
``(C) Exception.--In the case of grassland of
special environmental significance, as determined by
the Secretary, the Secretary may provide an amount not
to exceed 75 percent of the fair market value of the
agricultural land easement.
``(3) Evaluation and ranking of applications.--
``(A) Criteria.--The Secretary shall establish
evaluation and ranking criteria to maximize the benefit
of Federal investment under the program.
``(B) Considerations.--In establishing the
criteria, the Secretary shall emphasize support for--
``(i) protecting agricultural uses and
related conservation values of the land; and
``(ii) maximizing the protection of areas
devoted to agricultural use.
``(C) Bidding down.--If the Secretary determines
that 2 or more applications for cost-share assistance
are comparable in achieving the purpose of the program,
the Secretary shall not assign a higher priority to any
of those applications solely on the basis of lesser
cost to the program.
``(4) Agreements with eligible entities.--
``(A) In general.--The Secretary shall enter into
agreements with eligible entities to stipulate the
terms and conditions under which the eligible entity is
permitted to use cost-share assistance provided under
this section.
``(B) Length of agreements.--An agreement shall be
for a term that is--
``(i) in the case of an eligible entity
certified under the process described in
paragraph (5), a minimum of five years; and
``(ii) for all other eligible entities, at
least three, but not more than five years.
``(C) Minimum terms and conditions.--An eligible
entity shall be authorized to use its own terms and
conditions for agricultural land easements so long as
the Secretary determines such terms and conditions--
``(i) are consistent with the purposes of
the program;
``(ii) permit effective enforcement of the
conservation purposes of such easements;
``(iii) include a right of enforcement for
the Secretary, that may be used only if the
terms of the easement are not enforced by the
holder of the easement;
``(iv) subject the land in which an
interest is purchased to an agricultural land
easement plan that--
``(I) describes the activities
which promote the long-term viability
of the land to meet the purposes for
which the easement was acquired;
``(II) requires the management of
grasslands according to a grasslands
management plan; and
``(III) includes a conservation
plan, where appropriate, and requires,
at the option of the Secretary, the
conversion of highly erodible cropland
to less intensive uses; and
``(v) include a limit on the impervious
surfaces to be allowed that is consistent with
the agricultural activities to be conducted.
``(D) Substitution of qualified projects.--An
agreement shall allow, upon mutual agreement of the
parties, substitution of qualified projects that are
identified at the time of the proposed substitution.
``(E) Effect of violation.--If a violation occurs
of a term or condition of an agreement under this
subsection--
``(i) the Secretary may terminate the
agreement; and
``(ii) the Secretary may require the
eligible entity to refund all or part of any
payments received by the entity under the
program, with interest on the payments as
determined appropriate by the Secretary.
``(5) Certification of eligible entities.--
``(A) Certification process.--The Secretary shall
establish a process under which the Secretary may--
``(i) directly certify eligible entities
that meet established criteria;
``(ii) enter into long-term agreements with
certified eligible entities; and
``(iii) accept proposals for cost-share
assistance for the purchase of agricultural
land easements throughout the duration of such
agreements.
``(B) Certification criteria.--In order to be
certified, an eligible entity shall demonstrate to the
Secretary that the entity will maintain, at a minimum,
for the duration of the agreement--
``(i) a plan for administering easements
that is consistent with the purpose of this
subtitle;
``(ii) the capacity and resources to
monitor and enforce agricultural land
easements; and
``(iii) policies and procedures to ensure--
``(I) the long-term integrity of
agricultural land easements on eligible
land;
``(II) timely completion of
acquisitions of such easements; and
``(III) timely and complete
evaluation and reporting to the
Secretary on the use of funds provided
under the program.
``(C) Review and revision.--
``(i) Review.--The Secretary shall conduct
a review of eligible entities certified under
subparagraph (A) every three years to ensure
that such entities are meeting the criteria
established under subparagraph (B).
``(ii) Revocation.--If the Secretary finds
that the certified eligible entity no longer
meets the criteria established under
subparagraph (B), the Secretary may--
``(I) allow the certified eligible
entity a specified period of time, at a
minimum 180 days, in which to take such
actions as may be necessary to meet the
criteria; and
``(II) revoke the certification of
the eligible entity, if after the
specified period of time, the certified
eligible entity does not meet such
criteria.
``(c) Method of Enrollment.--The Secretary shall enroll eligible
land under this section through the use of--
``(1) permanent easements; or
``(2) easements for the maximum duration allowed under
applicable State laws.
``(d) Technical Assistance.--The Secretary may provide technical
assistance, if requested, to assist in--
``(1) compliance with the terms and conditions of
easements; and
``(2) implementation of an agricultural land easement plan.
``SEC. 1265C. WETLAND EASEMENTS.
``(a) Availability of Assistance.--The Secretary shall provide
assistance to owners of eligible land to restore, protect, and enhance
wetlands through--
``(1) wetland easements and related wetland easement plans;
and
``(2) technical assistance.
``(b) Easements.--
``(1) Method of enrollment.--The Secretary shall enroll
eligible land under this section through the use of--
``(A) 30-year easements;
``(B) permanent easements;
``(C) easements for the maximum duration allowed
under applicable State laws; or
``(D) as an option for Indian tribes only, 30-year
contracts (which shall be considered to be 30-year
easements for the purposes of this subtitle).
``(2) Limitations.--
``(A) Ineligible land.--The Secretary may not
acquire easements on--
``(i) land established to trees under the
conservation reserve program, except in cases
where the Secretary determines it would further
the purposes of the program; and
``(ii) farmed wetlands or converted
wetlands where the conversion was not commenced
prior to December 23, 1985.
``(B) Changes in ownership.--No wetland easement
shall be created on land that has changed ownership
during the preceding 24-month period unless--
``(i) the new ownership was acquired by
will or succession as a result of the death of
the previous owner;
``(ii)(I) the ownership change occurred
because of foreclosure on the land; and
``(II) immediately before the foreclosure,
the owner of the land exercises a right of
redemption from the mortgage holder in
accordance with State law; or
``(iii) the Secretary determines that the
land was acquired under circumstances that give
adequate assurances that such land was not
acquired for the purposes of placing it in the
program.
``(3) Evaluation and ranking of offers.--
``(A) Criteria.--The Secretary shall establish
evaluation and ranking criteria to maximize the benefit
of Federal investment under the program.
``(B) Considerations.--When evaluating offers from
landowners, the Secretary may consider--
``(i) the conservation benefits of
obtaining a wetland easement, including the
potential environmental benefits if the land
was removed from agricultural production;
``(ii) the cost-effectiveness of each
wetland easement, so as to maximize the
environmental benefits per dollar expended;
``(iii) whether the landowner or another
person is offering to contribute financially to
the cost of the wetland easement to leverage
Federal funds; and
``(iv) such other factors as the Secretary
determines are necessary to carry out the
purposes of the program.
``(C) Priority.--The Secretary shall place priority
on acquiring wetland easements based on the value of
the wetland easement for protecting and enhancing
habitat for migratory birds and other wildlife.
``(4) Agreement.--To be eligible to place eligible land
into the program through a wetland easement, the owner of such
land shall enter into an agreement with the Secretary to--
``(A) grant an easement on such land to the
Secretary;
``(B) authorize the implementation of a wetland
easement plan developed for the eligible land under
subsection (f);
``(C) create and record an appropriate deed
restriction in accordance with applicable State law to
reflect the easement agreed to;
``(D) provide a written statement of consent to
such easement signed by those holding a security
interest in the land;
``(E) comply with the terms and conditions of the
easement and any related agreements; and
``(F) permanently retire any existing base history
for the land on which the easement has been obtained.
``(5) Terms and conditions of easement.--
``(A) In general.--A wetland easement shall include
terms and conditions that--
``(i) permit--
``(I) repairs, improvements, and
inspections on the land that are
necessary to maintain existing public
drainage systems; and
``(II) owners to control public
access on the easement areas while
identifying access routes to be used
for restoration activities and
management and easement monitoring;
``(ii) prohibit--
``(I) the alteration of wildlife
habitat and other natural features of
such land, unless specifically
authorized by the Secretary;
``(II) the spraying of such land
with chemicals or the mowing of such
land, except where such spraying or
mowing is authorized by the Secretary
or is necessary--
``(aa) to comply with
Federal or State noxious weed
control laws;
``(bb) to comply with a
Federal or State emergency pest
treatment program; or
``(cc) to meet habitat
needs of specific wildlife
species;
``(III) any activities to be
carried out on the owner's or
successor's land that is immediately
adjacent to, and functionally related
to, the land that is subject to the
easement if such activities will alter,
degrade, or otherwise diminish the
functional value of the eligible land;
and
``(IV) the adoption of any other
practice that would tend to defeat the
purposes of the program, as determined
by the Secretary;
``(iii) provide for the efficient and
effective establishment of wildlife functions
and values; and
``(iv) include such additional provisions
as the Secretary determines are desirable to
carry out the program or facilitate the
practical administration thereof.
``(B) Violation.--On the violation of the terms or
conditions of a wetland easement, the wetland easement
shall remain in force and the Secretary may require the
owner to refund all or part of any payments received by
the owner under the program, together with interest
thereon as determined appropriate by the Secretary.
``(C) Compatible uses.--Land subject to a wetland
easement may be used for compatible economic uses,
including such activities as hunting and fishing,
managed timber harvest, or periodic haying or grazing,
if such use is specifically permitted by the wetland
easement plan developed for the land under subsection
(f) and is consistent with the long-term protection and
enhancement of the wetland resources for which the
easement was established.
``(D) Reservation of grazing rights.--The Secretary
may include in the terms and conditions of a wetland
easement a provision under which the owner reserves
grazing rights if--
``(i) the Secretary determines that the
reservation and use of the grazing rights--
``(I) is compatible with the land
subject to the easement;
``(II) is consistent with the
historical natural uses of the land and
the long-term protection and
enhancement goals for which the
easement was established; and
``(III) complies with the wetland
easement plan developed for the land
under subsection (f); and
``(ii) the agreement provides for a
commensurate reduction in the easement payment
to account for the grazing value, as determined
by the Secretary.
``(6) Compensation.--
``(A) Determination.--
``(i) Permanent easements.--The Secretary
shall pay as compensation for a permanent
wetland easement acquired under the program an
amount necessary to encourage enrollment in the
program, based on the lowest of--
``(I) the fair market value of the
land, as determined by the Secretary,
using the Uniform Standards of
Professional Appraisal Practice or an
area-wide market analysis or survey;
``(II) the amount corresponding to
a geographical cap, as determined by
the Secretary in regulations; or
``(III) the offer made by the
landowner.
``(ii) 30-year easements.--Compensation for
a 30-year wetland easement shall be not less
than 50 percent, but not more than 75 percent,
of the compensation that would be paid for a
permanent wetland easement.
``(B) Form of payment.--Compensation for a wetland
easement shall be provided by the Secretary in the form
of a cash payment, in an amount determined under
subparagraph (A).
``(C) Payment schedule.--
``(i) Easements valued at $500,000 or
less.--For wetland easements valued at $500,000
or less, the Secretary may provide easement
payments in not more than 10 annual payments.
``(ii) Easements valued at more than
$500,000.--For wetland easements valued at more
than $500,000, the Secretary may provide
easement payments in at least 5, but not more
than 10 annual payments, except that, if the
Secretary determines it would further the
purposes of the program, the Secretary may make
a lump sum payment for such an easement.
``(c) Easement Restoration.--
``(1) In general.--The Secretary shall provide financial
assistance to owners of eligible land to carry out the
establishment of conservation measures and practices and
protect wetland functions and values, including necessary
maintenance activities, as set forth in a wetland easement plan
developed for the eligible land under subsection (f).
``(2) Payments.--The Secretary shall--
``(A) in the case of a permanent wetland easement,
pay an amount that is not less than 75 percent, but not
more than 100 percent, of the eligible costs, as
determined by the Secretary; and
``(B) in the case of a 30-year wetland easement,
pay an amount that is not less than 50 percent, but not
more than 75 percent, of the eligible costs, as
determined by the Secretary.
``(d) Technical Assistance.--
``(1) In general.--The Secretary shall assist owners in
complying with the terms and conditions of wetland easements.
``(2) Contracts or agreements.--The Secretary may enter
into 1 or more contracts with private entities or agreements
with a State, non-governmental organization, or Indian tribe to
carry out necessary restoration, enhancement, or maintenance of
a wetland easement if the Secretary determines that the
contract or agreement will advance the purposes of the program.
``(e) Wetland Enhancement Option.--The Secretary may enter into 1
or more agreements with a State (including a political subdivision or
agency of a State), nongovernmental organization, or Indian tribe to
carry out a special wetland enhancement option that the Secretary
determines would advance the purposes of program.
``(f) Administration.--
``(1) Wetland easement plan.--The Secretary shall develop a
wetland easement plan for eligible lands subject to a wetland
easement, which shall include practices and activities
necessary to restore, protect, enhance, and maintain the
enrolled lands.
``(2) Delegation of easement administration.--The Secretary
may delegate--
``(A) any of the easement management, monitoring,
and enforcement responsibilities of the Secretary to
other Federal or State agencies that have the
appropriate authority, expertise, and resources
necessary to carry out such delegated responsibilities;
and
``(B) any of the easement management
responsibilities of the Secretary to other conservation
organizations if the Secretary determines the
organization has the appropriate expertise and
resources.
``(3) Payments.--
``(A) Timing of payments.--The Secretary shall
provide payment for obligations incurred by the
Secretary under this section--
``(i) with respect to any easement
restoration obligation under subsection (c), as
soon as possible after the obligation is
incurred; and
``(ii) with respect to any annual easement
payment obligation incurred by the Secretary,
as soon as possible after October 1 of each
calendar year.
``(B) Payments to others.--If an owner who is
entitled to a payment under this section dies, becomes
incompetent, is otherwise unable to receive such
payment, or is succeeded by another person or entity
who renders or completes the required performance, the
Secretary shall make such payment, in accordance with
regulations prescribed 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 of the circumstances.
``SEC. 1265D. ADMINISTRATION.
``(a) Ineligible Land.--The Secretary may not use program funds for
the purposes of acquiring an easement on--
``(1) lands owned by an agency of the United States, other
than land held in trust for Indian tribes;
``(2) lands owned in fee title by a State, including an
agency or a subdivision of a State, or a unit of local
government;
``(3) land subject to an easement or deed restriction
which, as determined by the Secretary, provides similar
protection as would be provided by enrollment in the program;
or
``(4) lands where the purposes of the program would be
undermined due to on-site or off-site conditions, such as risk
of hazardous substances, proposed or existing rights of way,
infrastructure development, or adjacent land uses.
``(b) Priority.--In evaluating applications under the program, the
Secretary may give priority to land that is currently enrolled in the
conservation reserve program in a contract that is set to expire within
1 year and--
``(1) in the case of an agricultural land easement, is
grassland that would benefit from protection under a long-term
easement; and
``(2) in the case of a wetland easement, is a wetland or
related area with the highest functions and value and is likely
to return to production after the land leaves the conservation
reserve program.
``(c) Subordination, Exchange, Modification, and Termination.--
``(1) In general.--The Secretary may subordinate, exchange,
modify, or terminate any interest in land, or portion of such
interest, administered by the Secretary, either directly or on
behalf of the Commodity Credit Corporation under the program if
the Secretary determines that--
``(A) it is in the Federal Government's interest to
subordinate, exchange, modify, or terminate the
interest in land;
``(B) the subordination, exchange, modification, or
termination action--
``(i) will address a compelling public need
for which there is no practicable alternative;
or
``(ii) such action will further the
practical administration of the program; and
``(C) the subordination, exchange, modification, or
termination action will result in comparable
conservation value and equivalent or greater economic
value to the United States.
``(2) Consultation.--The Secretary shall work with the
owner, and eligible entity if applicable, to address any
subordination, exchange, modification, or termination of the
interest, or portion of such interest, in land.
``(3) Notice.--At least 90 days before taking any
termination action described in paragraph (1), the Secretary
shall provide written notice of such action to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate.
``(d) Land Enrolled in Conservation Reserve Program.--The Secretary
may terminate or modify a contract entered into under section 1231(a)
if eligible land that is subject to such contract is transferred into
the program.
``(e) Allocation of Funds for Agricultural Land Easements.--Of the
funds made available under section 1241 to carry out the program for a
fiscal year, the Secretary shall, to the extent practicable, use for
agricultural land easements--
``(1) no less than 40 percent in each of fiscal years 2013
through 2016; and
``(2) no less than 50 percent in fiscal year 2017.''.
(b) Compliance With Certain Requirements.--Before an eligible
entity or owner of eligible land may receive assistance under subtitle
H of title XII of the Food Security Act of 1985, the eligible entity or
person shall agree, during the crop year for which the assistance is
provided and in exchange for the assistance--
(1) to comply with applicable conservation requirements
under subtitle B of title XII of that Act (16 U.S.C. 3811 et
seq.); and
(2) to comply with applicable wetland protection
requirements under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.).
(c) Cross Reference; Calculation.--Section 1244 of the Food
Security Act of 1985 (16 U.S.C. 3844) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``and'' at the end of
subparagraph (A);
(ii) by striking ``and'' at the end of
subparagraph (B); and
(iii) by striking subparagraph (C);
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new subparagraph:
``(2) the agricultural conservation easement program
established under subtitle H; and''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``programs administered under subchapters B and
C of chapter 1 of subtitle D'' and inserting
``conservation reserve program established
under subchapter B of chapter 1 of subtitle D
and wetland easements under section 1265C'';
and
(ii) in subparagraph (B), by striking ``an
easement acquired under subchapter C of chapter
1 of subtitle D'' and inserting ``a wetland
easement under section 1265C''; and
(B) by adding at the end the following new
paragraph:
``(5) Calculation.--In calculating the percentages
described in paragraph (1), the Secretary shall include any
acreage that was included in calculations of percentages made
under such paragraph, as in effect on September 30, 2012, and
that remains enrolled when the calculation is made after that
date under paragraph (1).''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
Subtitle E--Regional Conservation Partnership Program
SEC. 2401. REGIONAL CONSERVATION PARTNERSHIP PROGRAM.
(a) In General.--Title XII of the Food Security Act of 1985 is
amended by inserting after subtitle H, as added by section 2301, the
following new subtitle:
``Subtitle I--Regional Conservation Partnership Program
``SEC. 1271. ESTABLISHMENT AND PURPOSES.
``(a) Establishment.--The Secretary shall establish a regional
conservation partnership program to implement eligible activities on
eligible land through--
``(1) partnership agreements with eligible partners; and
``(2) contracts with producers.
``(b) Purposes.--The purposes of the program are as follows:
``(1) To use covered programs to accomplish purposes and
functions similar to those of the following programs, as in
effect on September 30, 2012:
``(A) The agricultural water enhancement program
established under section 1240I.
``(B) The Chesapeake Bay watershed program
established under section 1240Q.
``(C) The cooperative conservation partnership
initiative established under section 1243.
``(D) The Great Lakes basin program for soil
erosion and sediment control established under section
1240P.
``(2) To further the conservation, restoration, and
sustainable use of soil, water, wildlife, and related natural
resources on eligible land on a regional or watershed scale.
``(3) To encourage eligible partners to cooperate with
producers in--
``(A) meeting or avoiding the need for national,
State, and local natural resource regulatory
requirements related to production on eligible land;
and
``(B) implementing projects that will result in the
carrying out of eligible activities that affect
multiple agricultural or nonindustrial private forest
operations on a local, regional, State, or multi-State
basis.
``SEC. 1271A. DEFINITIONS.
``In this subtitle:
``(1) Covered program.--The term `covered program' means
the following:
``(A) The agricultural conservation easement
program.
``(B) The environmental quality incentives program.
``(C) The conservation stewardship program.
``(2) Eligible activity.--The term `eligible activity'
means any of the following conservation activities:
``(A) Water quality or quantity conservation,
restoration, or enhancement projects relating to
surface water and groundwater resources, including--
``(i) the conversion of irrigated cropland
to the production of less water-intensive
agricultural commodities or dryland farming; or
``(ii) irrigation system improvement and
irrigation efficiency enhancement.
``(B) Drought mitigation.
``(C) Flood prevention.
``(D) Water retention.
``(E) Air quality improvement.
``(F) Habitat conservation, restoration, and
enhancement.
``(G) Erosion control and sediment reduction.
``(H) Other related activities that the Secretary
determines will help achieve conservation benefits.
``(3) Eligible land.--The term `eligible land' means land
on which agricultural commodities, livestock, or forest-related
products are produced, including--
``(A) cropland;
``(B) grassland;
``(C) rangeland;
``(D) pastureland;
``(E) nonindustrial private forest land; and
``(F) other land incidental to agricultural
production (including wetlands and riparian buffers) on
which significant natural resource issues could be
addressed under the program.
``(4) Eligible partner.--The term `eligible partner' means
any of the following:
``(A) An agricultural or silvicultural producer
association or other group of producers.
``(B) A State or unit of local government.
``(C) An Indian tribe.
``(D) A farmer cooperative.
``(E) A water district, irrigation district, rural
water district or association, or other organization
with specific water delivery authority to producers on
agricultural land.
``(F) An institution of higher education.
``(G) An organization with an established history
of working cooperatively with producers on agricultural
land, as determined by the Secretary, to address--
``(i) local conservation priorities related
to agricultural production, wildlife habitat
development, or nonindustrial private forest
land management; or
``(ii) critical watershed-scale soil
erosion, water quality, sediment reduction, or
other natural resource issues.
``(5) Partnership agreement.--The term `partnership
agreement' means an agreement entered into under section 1271B
between the Secretary and an eligible partner.
``(6) Program.--The term `program' means the regional
conservation partnership program established by this subtitle.
``SEC. 1271B. REGIONAL CONSERVATION PARTNERSHIPS.
``(a) Partnership Agreements Authorized.--The Secretary may enter
into a partnership agreement with an eligible partner to implement a
project that will assist producers with installing and maintaining an
eligible activity on eligible land.
``(b) Length.--A partnership agreement shall be for a period not to
exceed 5 years, except that the Secretary may extend the agreement one
time for up to 12 months when an extension is necessary to meet the
objectives of the program.
``(c) Duties of Partners.--
``(1) In general.--Under a partnership agreement, the
eligible partner shall--
``(A) define the scope of a project, including--
``(i) the eligible activities to be
implemented;
``(ii) the potential agricultural or
nonindustrial private forest land operations
affected;
``(iii) the local, State, multi-State, or
other geographic area covered; and
``(iv) the planning, outreach,
implementation, and assessment to be conducted;
``(B) conduct outreach to producers for potential
participation in the project;
``(C) at the request of a producer, act on behalf
of a producer participating in the project in applying
for assistance under section 1271C;
``(D) leverage financial or technical assistance
provided by the Secretary with additional funds to help
achieve the project objectives;
``(E) conduct an assessment of the project's
effects; and
``(F) at the conclusion of the project, report to
the Secretary on its results and funds leveraged.
``(2) Contribution.--An eligible partner shall provide a
significant portion of the overall costs of the scope of the
project that is the subject of the agreement entered into under
subsection (a), as determined by the Secretary.
``(d) Applications.--
``(1) Competitive process.--The Secretary shall conduct a
competitive process to select applications for partnership
agreements and may assess and rank applications with similar
conservation purposes as a group.
``(2) Criteria used.--In carrying out the process described
in paragraph (1), the Secretary shall make public the criteria
used in evaluating applications.
``(3) Content.--An application to the Secretary shall
include a description of--
``(A) the scope of the project, as described in
subsection (c)(1)(A);
``(B) the plan for monitoring, evaluating, and
reporting on progress made towards achieving the
project's objectives;
``(C) the program resources requested for the
project, including the covered programs to be used and
estimated funding needed from the Secretary;
``(D) eligible partners collaborating to achieve
project objectives, including their roles,
responsibilities, capabilities, and financial
contribution; and
``(E) any other elements the Secretary considers
necessary to adequately evaluate and competitively
select applications for funding under the program.
``(4) Priority to certain applications.--The Secretary may
give a higher priority to applications that--
``(A) assist producers in meeting or avoiding the
need for a natural resource regulatory requirement;
``(B) have a high percentage of eligible producers
in the area to be covered by the agreement;
``(C) significantly leverage non-Federal financial
and technical resources and coordinate with other
local, State, or national efforts;
``(D) deliver high percentages of applied
conservation to address conservation priorities or
regional, State, or national conservation initiatives;
``(E) provide innovation in conservation methods
and delivery, including outcome-based performance
measures and methods; or
``(F) meet other factors that are important for
achieving the purposes of the program, as determined by
the Secretary.
``SEC. 1271C. ASSISTANCE TO PRODUCERS.
``(a) In General.--The Secretary shall enter into contracts with
producers to provide financial and technical assistance to--
``(1) producers participating in a project with an eligible
partner, as described in section 1271B; or
``(2) producers that fit within the scope of a project
described in section 1271B or a critical conservation area
designated under section 1271F, but who are seeking to
implement an eligible activity on eligible land independent of
a partner.
``(b) Terms and Conditions.--
``(1) Consistency with program rules.--Except as provided
in paragraph (2), the Secretary shall ensure that the terms and
conditions of a contract under this section are consistent with
the applicable rules of the covered programs to be used as part
of the project, as described in the application under section
1271B(d)(3)(C).
``(2) Adjustments.--Except with respect to statutory
program requirements governing appeals, payment limitations,
and conservation compliance, the Secretary may adjust the
discretionary program rules of a covered program--
``(A) to provide a simplified application and
evaluation process; and
``(B) to better reflect unique local circumstances
and purposes if the Secretary determines such
adjustments are necessary to achieve the purposes of
the program.
``(c) Payments.--
``(1) In general.--In accordance with statutory
requirements of the covered programs involved, the Secretary
may make payments to a producer in an amount determined by the
Secretary to be necessary to achieve the purposes of the
program.
``(2) Payments to producers in states with water quantity
concerns.--The Secretary may provide payments to producers
participating in a project that addresses water quantity
concerns for a period of five years in an amount sufficient to
encourage conversion from irrigated farming to dryland farming.
``(3) Waiver authority.--To assist in the implementation of
the program, the Secretary may waive the applicability of the
limitation in section 1001D(b)(2) of this Act for participating
producers if the Secretary determines that the waiver is
necessary to fulfill the objectives of the program.
``SEC. 1271D. FUNDING.
``(a) Availability of Funds.--The Secretary shall use $100,000,000
of the funds of the Commodity Credit Corporation for each of fiscal
years 2013 through 2017 to carry out the program.
``(b) Duration of Availability.--Funds made available under
subsection (a) shall remain available until expended.
``(c) Additional Funding and Acres.--
``(1) In general.--In addition to the funds made available
under subsection (a), the Secretary shall reserve 6 percent of
the funds and acres made available for a covered program for
each of fiscal years 2013 through 2017 in order to ensure
additional resources are available to carry out this program.
``(2) Unused funds and acres.--Any funds or acres reserved
under paragraph (1) for a fiscal year from a covered program
that are not obligated under this program by April 1 of that
fiscal year shall be returned for use under the covered
program.
``(d) Allocation of Funding.--Of the funds and acres made available
for the program under subsections (a) and (c), the Secretary shall
allocate--
``(1) 25 percent of the funds and acres to projects based
on a State competitive process administered by the State
Conservationist, with the advice of the State technical
committee established under subtitle G;
``(2) 50 percent of the funds and acres to projects based
on a national competitive process to be established by the
Secretary; and
``(3) 25 percent of the funds and acres to projects for the
critical conservation areas designated under section 1271F.
``(e) Limitation on Administrative Expenses.--None of the funds
made available under the program may be used to pay for the
administrative expenses of eligible partners.
``SEC. 1271E. ADMINISTRATION.
``(a) Disclosure.--In addition to the criteria used in evaluating
applications as described in section 1271B(d)(2), the Secretary shall
make publicly available information on projects selected through the
competitive process described in section 1271B(d)(1).
``(b) Reporting.--Not later than December 31, 2013, and every two
years thereafter, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on the
status of projects funded under the program, including--
``(1) the number and types of eligible partners and
producers participating in the partnership agreements selected;
``(2) the number of producers receiving assistance; and
``(3) total funding committed to projects, including from
Federal and non-Federal resources.
``SEC. 1271F. CRITICAL CONSERVATION AREAS.
``(a) In General.--In administering funds under section
1271D(d)(3), the Secretary shall select applications for partnership
agreements and producer contracts within critical conservation areas
designated under this section.
``(b) Critical Conservation Area Designations.--
``(1) Priority.--In designating critical conservation areas
under this section, the Secretary shall give priority to
geographical areas based on the degree to which the
geographical area--
``(A) includes multiple States with significant
agricultural production;
``(B) is covered by an existing regional, State,
binational, or multistate agreement or plan that has
established objectives, goals, and work plans and is
adopted by a Federal, State, or regional authority;
``(C) would benefit from water quality improvement,
including through reducing erosion, promoting sediment
control, and addressing nutrient management activities
affecting large bodies of water of regional, national,
or international significance;
``(D) would benefit from water quantity
improvement, including improvement relating to--
``(i) groundwater, surface water, aquifer,
or other water sources; or
``(ii) a need to promote water retention
and flood prevention; or
``(E) contains producers that need assistance in
meeting or avoiding the need for a natural resource
regulatory requirement that could have a negative
economic impact on agricultural operations within the
area.
``(2) Limitation.--The Secretary may not designate more
than 8 geographical areas as critical conservation areas under
this section.
``(c) Administration.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall administer any partnership agreement or
producer contract under this section in a manner that is
consistent with the terms of the program.
``(2) Relationship to existing activity.--The Secretary
shall, to the maximum extent practicable, ensure that eligible
activities carried out in critical conservation areas
designated under this section complement and are consistent
with other Federal and State programs and water quality and
quantity strategies.
``(3) Additional authority.--For a critical conservation
area described in subsection (b)(1)(D), the Secretary may use
authorities under the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001 et seq.), other than section 14 of such Act
(16 U.S.C. 1012), to carry out projects for the purposes of
this section.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
Subtitle F--Other Conservation Programs
SEC. 2501. CONSERVATION OF PRIVATE GRAZING LAND.
Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C.
3839bb(e)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 2502. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
Section 1240O(b) of the Food Security Act of 1985 (16 U.S.C.
3839bb-2) is amended to read as follows:
``(b) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2008 through 2017.
``(2) Availability of funds.--In addition to funds made
available under paragraph (1), of the funds of the Commodity
Credit Corporation, the Secretary shall use $5,000,000, to
remain available until expended.''.
SEC. 2503. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
(a) Funding.--Section 1240R(f) of the Food Security Act of 1985 (16
U.S.C. 3839bb-5(f)) is amended by inserting before the period at the
end the following: ``and $30,000,000 for the period of fiscal years
2013 through 2017''.
(b) Report on Program Effectiveness.--Not later than two years
after the date of the enactment of this Act, the Secretary of
Agriculture shall submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report evaluating the effectiveness of the
voluntary public access program established by section 1240R of the
Food Security Act of 1985 (16 U.S.C. 3839bb-5), including--
(1) identifying cooperating agencies;
(2) identifying the number of land holdings and total acres
enrolled by each State and tribal government;
(3) evaluating the extent of improved access on eligible
lands, improved wildlife habitat, and related economic
benefits; and
(4) any other relevant information and data relating to the
program that would be helpful to such Committees.
SEC. 2504. AGRICULTURE CONSERVATION EXPERIENCED SERVICES PROGRAM.
(a) Funding.--Subsection (c) of section 1252 of the Food Security
Act of 1985 (16 U.S.C. 3851) is amended to read as follows:
``(c) Funding.--
``(1) In general.--The Secretary may carry out the ACES
program using funds made available to carry out each program
under this title.
``(2) Exclusion.--Funds made available to carry out the
conservation reserve program may not be used to carry out the
ACES program.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2505. SMALL WATERSHED REHABILITATION PROGRAM.
(a) Availability of Funds.--Section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)) is amended--
(1) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (F), by striking the period and
inserting a semicolon;
(3) in subparagraph (G), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following new subparagraph:
``(H) $250,000,000 for fiscal year 2013, to remain
available until expended.''.
(b) Authorization of Appropriations.--Section 14(h)(2)(E) of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)(E))
is amended by striking ``2012'' and inserting ``2017''.
SEC. 2506. AGRICULTURAL MANAGEMENT ASSISTANCE PROGRAM.
(a) Uses.--Section 524(b)(2) of the Federal Crop Insurance Act (7
U.S.C. 1524(b)(2)) is amended--
(1) by striking subparagraph (B) and redesignating
subparagraphs (C) through (F) as subparagraphs (B) through (E),
respectively; and
(2) in subparagraph (B) (as so redesignated)--
(A) in the matter preceding clause (i), by striking
``or resource conservation practices''; and
(B) by striking clause (i) and redesignating
clauses (ii) through (iv) as clauses (i) through (iii),
respectively.
(b) Commodity Credit Corporation.--
(1) Funding.--Section 524(b)(4)(B) of the Federal Crop
Insurance Act (7 U.S.C. 1524(b)(4)(B)) is amended to read as
follows:
``(B) Funding.--The Commodity Credit Corporation
shall make available to carry out this subsection not
less than $10,000,000 for each fiscal year.''.
(2) Certain uses.--Section 524(b)(4)(C) of the Federal Crop
Insurance Act (7 U.S.C. 1524(b)(4)(C)) is amended--
(A) in clause (i)--
(i) by striking ``50'' and inserting
``30''; and
(ii) by striking ``(A), (B), and (C)'' and
inserting ``(A) and (B)''; and
(B) in clause (iii), by striking ``40'' and
inserting ``60''.
Subtitle G--Funding and Administration
SEC. 2601. FUNDING.
(a) In General.--Subsection (a) of section 1241 of the Food
Security Act of 1985 (16 U.S.C. 3841) is amended to read as follows:
``(a) Annual Funding.--For each of fiscal years 2013 through 2017,
the Secretary shall use the funds, facilities, and authorities of the
Commodity Credit Corporation to carry out the following programs under
this title (including the provision of technical assistance):
``(1) The conservation reserve program under subchapter B
of chapter 1 of subtitle D, including, to the maximum extent
practicable, $25,000,000 for the period of fiscal years 2013
through 2017 to carry out section 1235(f) to facilitate the
transfer of land subject to contracts from retired or retiring
owners and operators to beginning farmers or ranchers and
socially disadvantaged farmers or ranchers.
``(2) The agriculture conservation easement program under
subtitle H, using, to the maximum extent practicable--
``(A) $450,000,000 in fiscal year 2013;
``(B) $475,000,000 in fiscal year 2014;
``(C) $500,000,000 in fiscal year 2015;
``(D) $525,000,000 in fiscal year 2016; and
``(E) $266,000,000 in fiscal year 2017.
``(3) The conservation security program under subchapter A
of chapter 2 of subtitle D, using such sums as are necessary to
administer contracts entered into before September 30, 2008.
``(4) The conservation stewardship program under subchapter
B of chapter 2 of subtitle D.
``(5) The environmental quality incentives program under
chapter 4 of subtitle D, using, to the maximum extent
practicable, $1,750,000,000 for each of fiscal years 2013
through 2017.''.
(b) Guaranteed Availability of Funds.--Section 1241 of the Food
Security Act of 1985 (16 U.S.C. 3841) is amended--
(1) by redesignating subsections (b) through (h) as
subsections (c) through (i); respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Availability of Funds.--Amounts made available by subsection
(a) shall be used by the Secretary to carry out the programs specified
in such subsection for fiscal years 2013 through 2017 and shall remain
available until expended. Amounts made available for the programs
specified in such subsection during a fiscal year through
modifications, cancellations, terminations, and other related
administrative actions and not obligated in that fiscal year shall
remain available for obligation during subsequent fiscal years, but
shall reduce the amount of additional funds made available in the
subsequent fiscal year by an amount equal to the amount remaining
unobligated.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
SEC. 2602. TECHNICAL ASSISTANCE.
(a) In General.--Subsection (c) of section 1241 of the Food
Security Act of 1985 (16 U.S.C. 3841), as redesignated by section
2601(b)(1) of this Act, is amended to read as follows:
``(c) Technical Assistance.--
``(1) Availability of funds.--Commodity Credit Corporation
funds made available for a fiscal year for each of the programs
specified in subsection (a)--
``(A) shall be available for the provision of
technical assistance for the programs for which funds
are made available as necessary to implement the
programs effectively; and
``(B) shall not be available for the provision of
technical assistance for conservation programs
specified in subsection (a) other than the program for
which the funds were made available.
``(2) Report.--Not later than December 31, 2012, the
Secretary shall submit (and update as necessary in subsequent
years) to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report--
``(A) detailing the amount of technical assistance
funds requested and apportioned in each program
specified in subsection (a) during the preceding fiscal
year; and
``(B) any other data relating to this subsection
that would be helpful to such Committees.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2603. REGIONAL EQUITY.
(a) In General.--Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended by striking subsection (e) (as redesignated by
section 2601(b)(1) of this Act) and inserting the following:
``(e) Regional Equity.--
``(1) Equitable distribution.--In determining funding
allocations each fiscal year, the Secretary shall, after
considering available funding and program demand in each State,
provide a distribution of funds for conservation programs under
subtitle D (excluding the conservation reserve program under
subchapter B of chapter 1), subtitle H (excluding wetland
easements under section 1265C), and subtitle I to ensure
equitable program participation proportional to historical
funding allocations and usage by all States.
``(2) Minimum percentage.--In determining the specific
funding allocations under paragraph (1), the Secretary shall--
``(A) ensure that during the first quarter of each
fiscal year each State has the opportunity to establish
that the State can use an aggregate allocation amount
of at least 0.6 percent of the funds made available for
those conservation programs; and
``(B) for each State that can so establish, provide
an aggregate amount of at least 0.6 percent of the
funds made available for those conservation
programs.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2604. RESERVATION OF FUNDS TO PROVIDE ASSISTANCE TO CERTAIN
FARMERS OR RANCHERS FOR CONSERVATION ACCESS.
(a) In General.--Subsection (h) of section 1241 of the Food
Security Act of 1985 (16 U.S.C. 3841) (as redesignated by section
2601(b)(1)) is amended--
(1) in paragraph (1) by striking ``2012'' and inserting
``2017''; and
(2) by adding at the end the following new paragraph:
``(4) Preference.--In providing assistance under paragraph
(1), the Secretary shall give preference to a veteran farmer or
rancher (as defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e))) that qualifies under subparagraph (A) or (B) of
paragraph (1).''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
SEC. 2605. ANNUAL REPORT ON PROGRAM ENROLLMENTS AND ASSISTANCE.
(a) In General.--Subsection (i) (as redesignated by section
2601(b)(1)) of section 1241 of the Food Security Act of 1985 (16 U.S.C.
3841) is amended--
(1) in paragraph (1), by striking ``wetlands reserve
program'' and inserting ``agricultural conservation easement
program'';
(2) by striking paragraphs (2) and (3) and redesignating
paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4),
respectively; and
(3) in paragraph (3) (as so redesignated)--
(A) by striking ``agricultural water enhancement
program'' and inserting ``regional conservation
partnership program''; and
(B) by striking ``1240I(g)'' and inserting
``1271C(c)(3)''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
SEC. 2606. REVIEW OF CONSERVATION PRACTICE STANDARDS.
Section 1242(h)(1)(A) of the Food Security Act of 1985 (16 U.S.C.
3842(h)(1)(A)) is amended by striking ``the Food, Conservation, and
Energy Act of 2008'' and inserting ``the Federal Agriculture Reform and
Risk Management Act of 2012''.
SEC. 2607. ADMINISTRATIVE REQUIREMENTS APPLICABLE TO ALL CONSERVATION
PROGRAMS.
(a) In General.--Section 1244 of the Food Security Act of 1985 (16
U.S.C. 3844) is amended--
(1) in subsection (a)(2), by adding at the end the
following new subparagraph:
``(E) Veteran farmers or ranchers (as defined in
section 2501(e) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(e))).'';
(2) in subsection (d), by inserting ``, H, and I'' before
the period at the end;
(3) in subsection (f)--
(A) in paragraph (1)(B), by striking ``country''
and inserting ``county''; and
(B) in paragraph (3), by striking ``subsection
(c)(2)(B) or (f)(4)'' and inserting ``subsection
(c)(2)(A)(ii) or (f)(2)''; and
(4) by adding at the end the following new subsections:
``(j) Improved Administrative Efficiency and Effectiveness.--In
administrating a conservation program under this title, the Secretary
shall, to the maximum extent practicable--
``(1) seek to reduce administrative burdens and costs to
producers by streamlining conservation planning and program
resources; and
``(2) take advantage of new technologies to enhance
efficiency and effectiveness.
``(k) Relation to Other Payments.--Any payment received by an owner
or operator under this title, including an easement payment or rental
payment, shall be in addition to, and not affect, the total amount of
payments that the owner or operator is otherwise eligible to receive
under any of the following:
``(1) This Act.
``(2) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).
``(3) The Federal Agriculture Reform and Risk Management
Act of 2012.
``(4) Any law that succeeds a law specified in paragraph
(1), (2), or (3).''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
SEC. 2608. STANDARDS FOR STATE TECHNICAL COMMITTEES.
Section 1261(b) of the Food Security Act of 1985 (16 U.S.C.
3861(b)) is amended by striking ``Not later than 180 days after the
date of enactment of the Food, Conservation, and Energy Act of 2008,
the Secretary shall develop'' and inserting ``The Secretary shall
review and update as necessary''.
SEC. 2609. RULEMAKING AUTHORITY.
Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C.
3841 et seq.) is amended by adding at the end the following new
section:
``SEC. 1246. REGULATIONS.
``(a) In General.--The Secretary shall promulgate such regulations
as are necessary to implement programs under this title, including such
regulations as the Secretary determines to be necessary to ensure a
fair and reasonable application of the limitations established under
section 1244(f).
``(b) Rulemaking Procedure.--The promulgation of regulations and
administration of programs under this title--
``(1) shall be carried out without regard to--
``(A) the Statement of Policy of the Secretary
effective July 24, 1971 (36 Fed. Reg. 13804), relating
to notices of proposed rulemaking and public
participation in rulemaking; and
``(B) chapter 35 of title 44, United States Code
(commonly known as the Paperwork Reduction Act); and
``(2) shall be made as an interim rule effective on
publication with an opportunity for notice and comment.
``(c) Congressional Review of Agency Rulemaking.--In promulgating
regulations under this section, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.''.
Subtitle H--Repeal of Superseded Program Authorities and Transitional
Provisions; Technical Amendments
SEC. 2701. COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM.
(a) Repeal.--Section 1230 of the Food Security Act of 1985 (16
U.S.C. 3830) is repealed.
(b) Conforming Amendment.--The heading of chapter 1 of subtitle D
of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.)
is amended to read as follows: ``CONSERVATION RESERVE''.
SEC. 2702. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.
(a) Repeal.--Section 1231A of the Food Security Act of 1985 (16
U.S.C. 3831a) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by
this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under
section 1231A of the Food Security Act of 1985 (16 U.S.C.
3831a) before October 1, 2012, or any payments required to be
made in connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the conservation reserve program under subchapter B
of chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.) to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2703. WETLANDS RESERVE PROGRAM.
(a) Repeal.--Subchapter C of chapter 1 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by
this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under
subchapter C of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3837 et seq.) before
October 1, 2012, or any payments required to be made in
connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the agricultural conservation easement program under
subtitle H of title XII of the Food Security Act of 1985, as
added by section 2301 of this Act, to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2704. FARMLAND PROTECTION PROGRAM AND FARM VIABILITY PROGRAM.
(a) Repeal.--Subchapter C of chapter 2 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.) is repealed.
(b) Conforming Amendment.--The heading of chapter 2 of subtitle D
of title XII of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.)
is amended by striking ``AND FARMLAND PROTECTION''.
(c) Transitional Provisions.--
(1) Effect on existing contracts.--The amendments made by
this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under
subchapter C of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838h et seq.) before
October 1, 2012, or any payments required to be made in
connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the agricultural conservation easement program under
subtitle H of title XII of the Food Security Act of 1985, as
added by section 2301 of this Act, to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
SEC. 2705. GRASSLAND RESERVE PROGRAM.
(a) Repeal.--Subchapter D of chapter 2 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by
this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under
subchapter D of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838n et seq.) before
October 1, 2012, or any payments required to be made in
connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the agricultural conservation easement program under
subtitle H of title XII of the Food Security Act of 1985, as
added by section 2301 of this Act, to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2706. AGRICULTURAL WATER ENHANCEMENT PROGRAM.
(a) Repeal.--Section 1240I of the Food Security Act of 1985 (16
U.S.C. 3839aa-9) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by
this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under
section 1240I of the Food Security Act of 1985 (16 U.S.C.
3839aa-9) before October 1, 2012, or any payments required to
be made in connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the regional conservation partnership program under
subtitle I of title XII of the Food Security Act of 1985, as
added by section 2401 of this Act, to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2707. WILDLIFE HABITAT INCENTIVE PROGRAM.
(a) Repeal.--Section 1240N of the Food Security Act of 1985 (16
U.S.C. 3839bb-1) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by
this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under
section 1240N of the Food Security Act of 1985 (16 U.S.C.
3839bb-1) before October 1, 2012, or any payments required to
be made in connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the environmental quality incentives program under
chapter 4 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3839aa et seq.) to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2708. GREAT LAKES BASIN PROGRAM.
(a) Repeal.--Section 1240P of the Food Security Act of 1985 (16
U.S.C. 3839bb-3) is repealed.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2709. CHESAPEAKE BAY WATERSHED PROGRAM.
(a) Repeal.--Section 1240Q of the Food Security Act of 1985 (16
U.S.C. 3839bb-4) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by
this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under
section 1240Q of the Food Security Act of 1985 (16 U.S.C.
3839bb-4) before October 1, 2012, or any payments required to
be made in connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the regional conservation partnership program under
subtitle I of title XII of the Food Security Act of 1985, as
added by section 2401 of this Act, to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2710. COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE.
(a) Repeal.--Section 1243 of the Food Security Act of 1985 (16
U.S.C. 3843) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by
this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under
section 1243 of the Food Security Act of 1985 (16 U.S.C. 3843)
before October 1, 2012, or any payments required to be made in
connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the regional conservation partnership program under
subtitle I of title XII of the Food Security Act of 1985, as
added by section 2401 of this Act, to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2711. ENVIRONMENTAL EASEMENT PROGRAM.
Chapter 3 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3839 et seq.) is repealed.
SEC. 2712. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 1201(a) of the Food Security Act of 1985
(16 U.S.C. 3801(a)) is amended in the matter preceding paragraph (1) by
striking ``E'' and inserting ``I''.
(b) Program Ineligibility.--Section 1211(a) of the Food Security
Act of 1985 (16 U.S.C. 3811(a)) is amended by striking ``predominate''
each place it appears and inserting ``predominant''.
(c) Specialty Crop Producers.--Section 1242(i) of the Food Security
Act of 1985 (16 U.S.C. 3842(i)) is amended in the header by striking
``Speciality'' and inserting ``Specialty''.
TITLE III--TRADE
Subtitle A--Food for Peace Act
SEC. 3001. GENERAL AUTHORITY.
Section 201 of the Food for Peace Act (7 U.S.C. 1721) is amended--
(1) in the matter preceding paragraph (1), by inserting
``(to be implemented by the Administrator)'' after ``under this
title''; and
(2) by striking paragraph (7) and the second sentence and
inserting the following new paragraph:
``(7) build resilience to mitigate and prevent food crises
and reduce the future need for emergency aid.''.
SEC. 3002. SUPPORT FOR ORGANIZATIONS THROUGH WHICH ASSISTANCE IS
PROVIDED.
Section 202(e)(1) of the Food for Peace Act (7 U.S.C. 1722(e)(1))
is amended by striking ``13 percent'' and inserting ``11 percent''.
SEC. 3003. FOOD AID QUALITY.
Section 202(h) of the Food for Peace Act (7 U.S.C. 1722(h)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``The Administrator'' and
inserting ``In consultation with the Secretary,
the Administrator''; and
(ii) by inserting ``to establish a
mechanism'' after ``this title'';
(B) by striking ``and'' at the end of subparagraph
(B); and
(C) by striking subparagraph (C) and inserting the
following new paragraphs:
``(C) to evaluate, as necessary, the use of current
and new agricultural commodities and products thereof
in different program settings and for particular
recipient groups, including the testing of prototypes;
``(D) to establish and implement appropriate
protocols for quality assurance of food products
procured by the Secretary for food aid programs; and
``(E) to periodically update program guidelines on
the recommended use of agricultural commodities and
food products in food aid programs to reflect findings
from the implementation of this subsection and other
relevant information.'';
(2) in paragraph (2), by striking ``The Administrator'' and
inserting ``In consultation with the Secretary, the
Administrator''; and
(3) in paragraph (3), by striking ``fiscal years 2009
through 2011, not more than $4,500,000'' and inserting ``fiscal
years 2013 through 2017, not more than $1,000,000''.
SEC. 3004. MINIMUM LEVELS OF ASSISTANCE.
Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is
amended--
(1) in paragraph (1), by striking ``2012'' and inserting
``2017''; and
(2) in paragraph (2), by striking ``2012'' and inserting
``2017''.
SEC. 3005. FOOD AID CONSULTATIVE GROUP.
(a) Membership.--Section 205(b) of the Food for Peace Act (7 U.S.C.
1725(b)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) representatives from the United States agricultural
processing sector involved in providing agricultural
commodities for programs under this Act; and''.
(b) Consultation.--Section 205(d) of the Food for Peace Act (7
U.S.C. 1725(d)) is amended--
(1) by striking the first sentence and inserting the
following:
``(1) Consultation in advance of issuance of implementation
regulations, handbooks, and guidelines.--Not later than 45 days
before a proposed regulation, handbook, or guideline
implementing this title, or a proposed significant revision to
a regulation, handbook, or guideline implementing this title,
becomes final, the Administrator shall provide the proposal to
the Group for review and comment.''; and
(2) by adding at the end the following new paragraph:
``(2) Consultation regarding food aid quality efforts.--The
Administrator shall seek input from and consult with the Group
on the implementation of section 202(h).''.
(c) Reauthorization.--Section 205(f) of the Food for Peace Act (7
U.S.C. 1725(f)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 3006. OVERSIGHT, MONITORING, AND EVALUATION.
(a) Regulations and Guidance.--Section 207(c) of the Food for Peace
Act (7 U.S.C. 1726a(c)) is amended--
(1) in the subsection heading, by inserting ``and
Guidance'' after ``Regulations'';
(2) in paragraph (1), by adding at the end the following
new sentence: ``Not later than 270 days after the date of the
enactment of the Federal Agriculture Reform and Risk Management
Act of 2012, the Administrator shall issue all regulations and
revisions to agency guidance necessary to implement the
amendments made to this title by such Act.''; and
(3) in paragraph (2), by inserting ``and guidance'' after
``develop regulations''.
(b) Funding.--Section 207(f) of the Food for Peace Act (7 U.S.C.
1726a(f)) is amended--
(1) in paragraph (2)--
(A) by inserting ``and'' at the end of subparagraph
(D);
(B) by striking ``; and'' at the end of
subparagraph (E) and inserting the period; and
(C) by striking subparagraph (F);
(2) by striking paragraphs (3) and (4); and
(3) by redesignating paragraphs (5) and (6) as paragraphs
(3) and (4), respectively; and
(4) in paragraph (4) (as so redesignated)--
(A) in subparagraph (A), by striking ``, except for
paragraph (2)(F), for which only $2,500,000 shall be
made available during fiscal year 2009'' and inserting
``and up to $10,000,000 of such funds for each of
fiscal years 2013 through 2017''; and
(B) in subparagraph (B)(i), by striking ``2012''
and inserting ``2017''.
(c) Implementation Reports.--Not later than 270 days after the date
of the enactment of this Act, the Administrator of the Agency for
International Development shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committees on Agriculture
and Foreign Affairs of the House of Representatives a report
describing--
(1) the implementation of section 207(c) of the Food for
Peace Act (7 U.S.C. 1726a(c));
(2) the surveys, studies, monitoring, reporting, and audit
requirements for programs conducted under title II of such Act
(7 U.S.C. 1721 et seq.) by an eligible organization that is a
nongovernmental organization (as such term is defined in
section 402 of such Act (7 U.S.C. 1732)); and
(3) the surveys, studies, monitoring, reporting, and audit
requirements for such programs by an eligible organization that
is an intergovernmental organization, such as the World Food
Program or other multilateral organization.
SEC. 3007. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-STABLE PREPACKAGED
FOODS.
Section 208(f) of the Food for Peace Act (7 U.S.C. 1726b(f)) is
amended by striking ``2012'' and inserting ``2017''.
SEC. 3008. GENERAL PROVISIONS.
(a) Impact on Local Farmers and Economy.--Section 403(b) of the
Food for Peace Act (7 U.S.C. 1733(b)) is amended by adding at the end
the following new sentence: ``The Secretary or the Administrator, as
appropriate, shall seek information, as part of the regular proposal
and submission process, from implementing agencies on the potential
benefits to the local economy of sales of agricultural commodities
within the recipient country.''.
(b) Prevention of Price Disruptions.--Section 403(e) of the Food
for Peace Act (7 U.S.C. 1733(e)) is amended--
(1) in paragraph (2), by striking ``reasonable market
price'' and inserting ``fair market value''; and
(2) by adding at the end the following new paragraph:
``(3) Coordination on assessments.--The Secretary and the
Administrator shall coordinate in assessments to carry out
paragraph (1) and in the development of approaches to be used
by implementing agencies for determining the fair market value
described in paragraph (2).''.
(c) Report on Use of Funds.--Section 403 of the Food for Peace Act
(7 U.S.C. 1733) is amended by adding at the end the following new
subsection:
``(m) Report on Use of Funds.--Not later than 180 days after the
date of the enactment of the Federal Agriculture Reform and Risk
Management Act of 2012, and annually thereafter, the Administrator
shall submit to Congress a report--
``(1) specifying the amount of funds (including funds for
administrative costs, indirect cost recovery, and internal
transportation, storage and handling, and associated
distribution costs) provided to each eligible organization that
received assistance under this Act in the previous fiscal year;
and
``(2) describing how those funds were used by the eligible
organization.''.
SEC. 3009. PREPOSITIONING OF AGRICULTURAL COMMODITIES.
Section 407(c)(4) of the Food for Peace Act (7 U.S.C. 1736a(c)(4))
is amended--
(1) in subparagraph (A)--
(A) by striking ``2012'' and inserting ``2017'';
and
(B) by striking ``for each such fiscal year not
more than $10,000,000 of such funds'' and inserting
``for each of fiscal years 2001 through 2012 not more
than $10,000,000 of such funds and for each of fiscal
years 2013 through 2017 not more than $15,000,000 of
such funds''; and
(2) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Additional prepositioning sites.--The
Administrator may establish additional sites for
prepositioning in foreign countries or change the
location of current sites for prepositioning in foreign
countries after conducting, and based on the results
of, assessments of need, feasibility, and cost.''.
SEC. 3010. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND ACTIVITIES.
Section 407(f)(1) of the Food for Peace Act (7 U.S.C. 1736a(f)(1))
is amended--
(1) in the paragraph heading, by striking ``agricultural
trade'' and inserting ``food aid'';
(2) in subparagraph (B)(ii), by inserting before the
semicolon at the end the following: ``and the intended
beneficiaries of the project or activity''; and
(3) in subparagraph (B)(iii)--
(A) by striking ``and'' at the end of subclause
(I);
(B) by inserting ``and'' at the end of subclause
(II); and
(C) by inserting after subclause (II) the following
new subclause:
``(III) the McGovern-Dole
International Food for Education and
Child Nutrition Program established by
section 3107 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C.
1736o-1);''.
SEC. 3011. DEADLINE FOR AGREEMENTS TO FINANCE SALES OR TO PROVIDE OTHER
ASSISTANCE.
Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended
by striking ``2012'' and inserting ``2017''.
SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Section 412(a)(1) of the Food
for Peace Act (7 U.S.C. 1736f(a)(1)) is amended by striking ``for
fiscal year 2008 and each fiscal year thereafter, $2,500,000,000'' and
inserting ``$2,500,000,000 for each of fiscal years 2008 through 2012
and $2,000,000,000 for each of fiscal years 2013 through 2017''.
(b) Minimum Level of Nonemergency Food Assistance.--Paragraph (1)
of section 412(e) of the Food for Peace Act (7 U.S.C. 1736f(e)) is
amended to read as follows:
``(1) Funds and commodities.--For each of fiscal years 2013
through 2017, of the amounts made available to carry out
emergency and nonemergency food assistance programs under title
II, not less than $400,000,000 shall be expended for
nonemergency food assistance programs under such title.''.
SEC. 3013. MICRONUTRIENT FORTIFICATION PROGRAMS.
(a) Elimination of Obsolete Reference to Study.--Section
415(a)(2)(B) of the Food for Peace Act (7 U.S.C. 1736g-2(a)(2)(B)) is
amended by striking ``, using recommendations'' and all that follows
through ``quality enhancements''.
(b) Extension.--Section 415(c) of the Food for Peace Act (7 U.S.C.
1736g-2(c)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 3014. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-FARMER PROGRAM.
Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended--
(1) in subsection (d), in the matter preceding paragraph
(1), by inserting ``, and not less than the greater of
$15,000,000 or 0.5 percent of the amounts made available for
each of fiscal years 2013 through 2017,'' after ``2012''; and
(2) in subsection (e)(1), by striking ``2012'' and
inserting ``2017''.
Subtitle B--Agricultural Trade Act of 1978
SEC. 3101. FUNDING FOR EXPORT CREDIT GUARANTEE PROGRAM.
Section 211(b) of the Agricultural Trade Act of 1978 (7 U.S.C.
5641(b)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 3102. FUNDING FOR MARKET ACCESS PROGRAM.
Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7
U.S.C. 5641(c)(1)(A)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 3103. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
Section 703(a) of the Agricultural Trade Act of 1978 (7 U.S.C.
5723(a)) is amended by striking ``2012'' and inserting ``2017''.
Subtitle C--Other Agricultural Trade Laws
SEC. 3201. FOOD FOR PROGRESS ACT OF 1985.
(a) Extension.--The Food for Progress Act of 1985 (7 U.S.C. 1736o)
is amended--
(1) in subsection (f)(3), by striking ``2012'' and
inserting ``2017'';
(2) in subsection (g), by striking ``2012'' and inserting
``2017'';
(3) in subsection (k), by striking ``2012'' and inserting
``2017''; and
(4) in subsection (l)(1), by striking ``2012'' and
inserting ``2017''.
(b) Repeal of Completed Project.--Subsection (f) of the Food for
Progress Act of 1985 (7 U.S.C. 1736o) is amended by striking paragraph
(6).
SEC. 3202. BILL EMERSON HUMANITARIAN TRUST.
Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1) is amended--
(1) in subsection (b)(2)(B)(i), by striking ``2012'' both
places it appears and inserting ``2017''; and
(2) in subsection (h), by striking ``2012'' both places it
appears and inserting ``2017''.
SEC. 3203. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING MARKETS.
(a) Direct Credits or Export Credit Guarantees.--Section 1542(a) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law
101-624; 7 U.S.C. 5622 note) is amended by striking ``2012'' and
inserting ``2017''.
(b) Development of Agricultural Systems.--Section 1542(d)(1)(A)(i)
of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public
Law 101-624; 7 U.S.C. 5622 note) is amended by striking ``2012'' and
inserting ``2017''.
SEC. 3204. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM.
(a) Reauthorization.--Section 3107(l)(2) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o-1(l)(2)) is amended by
striking ``2012'' and inserting ``2017''.
(b) Technical Correction.--Section 3107(d) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o-1(d)) is amended by
striking ``to'' in the matter preceding paragraph (1).
SEC. 3205. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
(a) Purpose.--Section 3205(b) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 5680(b)) is amended by striking
``related barriers to trade'' and inserting ``technical barriers to
trade''.
(b) Funding.--Section 3205(e)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 5680(e)(2)) is amended--
(1) by inserting ``and'' at the end of subparagraph (C);
and
(2) by striking subparagraphs (D) and (E) and inserting the
following new subparagraph:
``(D) $9,000,000 for each of fiscal years 2011
through 2017.''.
SEC. 3206. GLOBAL CROP DIVERSITY TRUST.
Section 3202(c) of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 22 U.S.C. 2220a note) is amended by striking
``section'' and all that follows through the period and inserting the
following: ``section--
``(1) $60,000,000 for the period of fiscal years 2008
through 2012; and
``(2) $50,000,000 for the period of fiscal years 2013
through 2017.''.
SEC. 3207. UNDER SECRETARY OF AGRICULTURE FOR FOREIGN AGRICULTURAL
SERVICES.
(a) In General.--Subtitle B of the Department of Agriculture
Reorganization Act of 1994 is amended by inserting after section 225 (7
U.S.C. 6931) the following new section:
``SEC. 225A. UNDER SECRETARY OF AGRICULTURE FOR FOREIGN AGRICULTURAL
SERVICES.
``(a) Authorization.--The Secretary is authorized to establish in
the Department the position of Under Secretary of Agriculture for
Foreign Agricultural Services.
``(b) Confirmation Required.--If the Secretary establishes the
position of Under Secretary of Agriculture for Foreign Agricultural
Services under subsection (a), the Under Secretary shall be appointed
by the President, by and with the advice and consent of the Senate.
``(c) Functions of Under Secretary.--
``(1) Principal functions.--Upon establishment, the
Secretary shall delegate to the Under Secretary of Agriculture
for Foreign Agricultural Services those functions under the
jurisdiction of the Department that are related to foreign
agricultural services.
``(2) Additional functions.--The Under Secretary of
Agriculture for Foreign Agricultural Services shall perform
such other functions as may be required by law or prescribed by
the Secretary.
``(d) Succession.--Any official who is serving as Under Secretary
of Agriculture for Farm and Foreign Agricultural Services on the date
of the enactment of this section and who was appointed by the
President, by and with the advice and consent of the Senate, shall not
be required to be reappointed under subsection (b) or section 225(b) to
the successor position authorized under subsection (a) or section
225(a) if the Secretary establishes the position, and the official
occupies the new position, with 180 days after the date of the
enactment of this section (or such later date set by the Secretary if
litigation delays rapid succession).''.
(b) Conforming Amendments.--Section 225 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6931) is amended--
(1) by striking ``Under Secretary of Agriculture for Farm
and Foreign Agricultural Services'' each place it appears and
inserting ``Under Secretary of Agriculture for Farm Services'';
AND
(2) in subsection (c)(1), by striking ``and foreign
agricultural''.
(c) Permanent Authority.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended--
(1) in paragraph (6)(C), by striking ``or'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraph:
``(8) the authority of the Secretary to establish in the
Department the position of Under Secretary of Agriculture for
Foreign Agricultural Services in accordance with section
225A;''.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
SEC. 4001. RETAILERS.
(a) Definition of Retail Food Store.--Section 3(p)(1)(A) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)(1)(A)) is amended by
striking ``at least 2'' and inserting ``at least 3''.
(b) Alternative Benefit Delivery.--Section 7(f) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(f)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Imposition of costs.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall require
participating retailers (including restaurants
participating in a State option restaurant program
intended to serve the elderly, disabled, and homeless)
to pay 100 percent of the costs of acquiring, and
arrange for the implementation of, electronic benefit
transfer point-of-sale equipment and supplies.
``(B) Exemptions.--The Secretary may exempt from
subparagraph (A)--
``(i) farmers' markets, military
commissaries, nonprofit food buying
cooperatives, and establishments,
organizations, programs, or group living
arrangements described in paragraphs (5), (7),
and (8) of section 3(k); and
``(ii) establishments described in
paragraphs (3), (4), and (9) of section 3(k),
other than restaurants participating in a State
option restaurant program.''; and
(2) by adding at the end the following:
``(4) Termination of manual vouchers.--
``(A) In general.--Effective beginning on the
effective date of this paragraph, except as provided in
subparagraph (B), no State shall issue manual vouchers
to a household that receives supplemental nutrition
assistance under this Act or allow retailers to accept
manual vouchers as payment, unless the Secretary
determines that the manual vouchers are necessary, such
as in the event of an electronic benefit transfer
system failure or a disaster situation.
``(B) Exemptions.--The Secretary may exempt
categories of retailers or individual retailers from
subparagraph (A) based on criteria established by the
Secretary.
``(5) Unique identification number required.--In an effort
to enhance the antifraud protections of the program, the
Secretary shall require all parties providing electronic
benefit transfer services to provide for and maintain a unique
terminal identification number information through the
supplemental nutrition assistance program electronic benefit
transfer transaction routing system. In developing the
regulations implementing this paragraph, the Secretary shall
consider existing commercial practices for other point-of-sale
debit transactions. The Secretary shall issue proposed
regulations implementing this paragraph not earlier than 2
years after the date of enactment of this paragraph.''.
(c) Electronic Benefit Transfers.--Section 7(h)(3)(B) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2016(h)(3)(B)) is amended by
striking ``is operational--'' and all that follows through ``(ii) in
the case of other participating stores,'' and inserting ``is
operational''.
(d) Approval of Retail Food Stores and Wholesale Food Concerns.--
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is
amended--
(1) in the 2d sentence of subsection (a)(1) by striking ``;
and (C)'' and inserting ``; (C) whether the applicant is
located in an area with significantly limited access to food;
and (D)'';
(2) in subsection (b) by adding at the end the following:
``(3) Retail food stores with significant sales of excluded
items.--
``(A) In general.--No retail food store for which
at least 45 percent of the total sales of the retail
food store is from the sale of excluded items described
in section 3(k)(1) may be authorized to accept and
redeem benefits unless the Secretary determines that
the participation of the retail food store is required
for the effective and efficient operation of the
supplemental nutrition assistance program.
``(B) Application.--Subparagraph (A) shall be
effective--
``(i) in the case of retail food stores
applying to be authorized for the 1st time,
beginning on the date that is 1 year after the
effective date of this paragraph; and
``(ii) in the case of retail food stores
participating in the program on the effective
date of this paragraph, during periodic
reauthorization in accordance with subsection
(a)(2)(A).''; and
(3) by adding at the end the following:
``(g) EBT Service Requirement.--An approved retail food store shall
provide adequate EBT service as described in section 7(h)(3)(B).''.
SEC. 4002. ENHANCING SERVICES TO ELDERLY AND DISABLED SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM RECIPIENTS.
(a) Enhancing Services to Elderly and Disabled Program
Recipients.--Section 3(p) of the Food and Nutrition Act of 2008 (7
U.S.C. 2012(p)) is amended--
(1) in paragraph (3) by striking ``and'' at the end,
(2) in paragraph (4) by striking the period at the end and
inserting ``; and'', and
(3) by inserting after paragraph (4) the following:
``(5) a governmental or private nonprofit food purchasing
and delivery service that--
``(A) purchases food for, and delivers such food
to, individuals who are--
``(i) unable to shop for food; and
``(ii)(I) not less than 60 years of age; or
``(II) physically or mentally handicapped
or otherwise disabled;
``(B) clearly notifies the participating household
at the time such household places a food order--
``(i) of any delivery fee associated with
the food purchase and delivery provided to such
household by such service; and
``(ii) that a delivery fee cannot be paid
with benefits provided under supplemental
nutrition assistance program; and
``(C) sells food purchased for such household at
the price paid by such service for such food and
without any additional cost markup.''.
(b) Implementation.--
(1) Issuance of rules.--The Secretary of Agriculture shall
issue regulations that--
(A) establish criteria to identify a food
purchasing and delivery service referred to in section
3(p)(5) of the Food and Nutrition Act of 2008 as
amended by this Act, and
(B) establish procedures to ensure that such
service--
(i) does not charge more for a food item
than the price paid by the such service for
such food item,
(ii) offers food delivery service at no or
low cost to households under such Act,
(iii) ensures that benefits provided under
the supplemental nutrition assistance program
are used only to purchase food, as defined in
section 3 of such Act,
(iv) limits the purchase of food, and the
delivery of such food, to households eligible
to receive services described in section
3(p)(5) of such Act as so amended,
(v) has established adequate safeguards
against fraudulent activities, including
unauthorized use of electronic benefit cards
issued under such Act, and
(vi) such other requirements as the
Secretary deems to be appropriate.
(2) Limitation.--Before the issuance of rules under
paragraph (1) , the Secretary of Agriculture may not approve
more than 20 food purchasing and delivery services referred to
in section 3(p)(5) of the Food and Nutrition Act of 2008 as
amended by this Act, to participate as retail food stores under
the supplemental nutrition assistance program.
SEC. 4003. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.
Section 4(b)(6)(F) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b)(6)(F)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 4004. UPDATING PROGRAM ELIGIBILITY.
Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is
amended--
(1) in the 2d sentence of subsection (a) by striking
``households in which each member receives benefits'' and
inserting ``households in which each member receives cash
assistance'', and
(2) in subsection (j) by striking ``or who receives
benefits under a State program'' and inserting ``or who
receives cash assistance under a State program''.
SEC. 4005. EXCLUSION OF MEDICAL MARIJUANA FROM EXCESS MEDICAL EXPENSE
DEDUCTION.
Section 5(e)(5) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(5)) is amended by adding at the end the following:
``(C) Exclusion of medical marijuana.--The
Secretary shall promulgate rules to ensure that medical
marijuana is not treated as a medical expense for
purposes of this paragraph.''.
SEC. 4006. STANDARD UTILITY ALLOWANCES BASED ON THE RECEIPT OF ENERGY
ASSISTANCE PAYMENTS.
(a) Standard Utility Allowances in the Supplemental Nutrition
Assistance Program.--Section 5(e)(6)(C) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2014(e)(6)(C)) is amended--
(1) in clause (i) by inserting ``, subject to clause (iv)''
after ``Secretary''; and
(2) in clause (iv)(I) by striking ``the household still
incurs'' and all that follows through the end of the subclause
and inserting ``the payment received by, or made on behalf of,
the household exceeds $10 or a higher amount annually, as
determined by the Secretary.''.
(b) Conforming Amendment.--Section 2605(f)(2)(A) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8624(f)(2)(A)) is amended
by inserting before the semicolon at the end ``, except that, for
purposes of the supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such
payments or allowances exceed $10 or a higher amount annually, as
determined by the Secretary of Agriculture in accordance with section
5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I))''.
(c) Effective and Implementation Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect beginning on October 1, 2013, for all certification
periods beginning after that date.
(2) State option to delay implementation for current
recipients.--A State may, at the option of the State, implement
a policy that eliminates or minimizes the effect of the
amendments made by this section for households that receive a
standard utility allowance as of the date of enactment of this
Act for not more than a 180-day period beginning on the date on
which the amendments made by this section would otherwise
affect the benefits received by a household.
SEC. 4007. ELIGIBILITY DISQUALIFICATIONS.
Section 6(e)(3)(B) of Food and Nutrition Act of 2008 (7 U.S.C.
2015(e)(3)(B)) is amended by striking ``section;'' and inserting the
following:
``section, subject to the condition that the course or
program of study--
``(i) is part of a program of career and
technical education (as defined in section 3 of
the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302)) that
may be completed in not more than 4 years at an
institution of higher education (as defined in
section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)); or
``(ii) is limited to remedial courses,
basic adult education, literacy, or English as
a second language;''.
SEC. 4008. ENDING SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS
FOR LOTTERY OR GAMBLING WINNERS.
(a) In General.--Section 6 of the Food and Nutrition Act of 2008 (7
U.S.C. 2015) is amended by adding at the end the following:
``(r) Ineligibility for Benefits Due to Receipt of Substantial
Lottery or Gambling Winnings.--
``(1) In general.--Any household in which a member receives
substantial lottery or gambling winnings, as determined by the
Secretary, shall lose eligibility for benefits immediately upon
receipt of the winnings.
``(2) Duration of ineligibility.--A household described in
paragraph (1) shall remain ineligible for participation until
the household meets the allowable financial resources and
income eligibility requirements under subsections (c), (d),
(e), (f), (g), (i), (k), (l), (m), and (n) of section 5.
``(3) Agreements.--As determined by the Secretary, each
State agency, to the maximum extent practicable, shall
establish agreements with entities responsible for the
regulation or sponsorship of gaming in the State to determine
whether individuals participating in the supplemental nutrition
assistance program have received substantial lottery or
gambling winnings.''.
(b) Conforming Amendments.--Section 5(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(a)) is amended in the 2d sentence by
striking ``sections 6(b), 6(d)(2), and 6(g)'' and inserting
``subsections (b), (d)(2), (g), and (r) of section 6''.
SEC. 4009. IMPROVING SECURITY OF FOOD ASSISTANCE.
Section 7(h)(8) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)(8)) is amended--
(1) in the heading by striking ``card fee'' and inserting
``of cards'';
(2) by striking ``A State'' and inserting the following:
``(A) Fees.--A State''; and
(3) by adding after subparagraph (A) (as so designated by
paragraph (2)) the following:
``(B) Purposeful loss of cards.--
``(i) In general.--Subject to terms and
conditions established by the Secretary in
accordance with clause (ii), if a household
makes excessive requests for replacement of the
electronic benefit transfer card of the
household, the Secretary may require a State
agency to decline to issue a replacement card
to the household unless the household, upon
request of the State agency, provides an
explanation for the loss of the card.
``(ii) Requirements.--The terms and
conditions established by the Secretary shall
provide that--
``(I) the household be given the
opportunity to provide the requested
explanation and meet the requirements
under this paragraph promptly;
``(II) after an excessive number of
lost cards, the head of the household
shall be required to review program
rights and responsibilities with State
agency personnel authorized to make
determinations under section 5(a); and
``(III) any action taken, including
actions required under section 6(b)(2),
other than the withholding of the
electronic benefit transfer card until
an explanation described in subclause
(I) is provided, shall be consistent
with the due process protections under
section 6(b) or 11(e)(10), as
appropriate.
``(C) Protecting vulnerable persons.--In
implementing this paragraph, a State agency shall act
to protect homeless persons, persons with disabilities,
victims of crimes, and other vulnerable persons who
lose electronic benefit transfer cards but are not
intentionally committing fraud.
``(D) Effect on eligibility.--While a State may
decline to issue an electronic benefits transfer card
until a household satisfies the requirements under this
paragraph, nothing in this paragraph shall be
considered a denial of, or limitation on, the
eligibility for benefits under section 5.''.
SEC. 4010. DEMONSTRATION PROJECTS ON ACCEPTANCE OF BENEFITS OF MOBILE
TRANSACTIONS.
Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)) is amended by adding at the end the following:
``(14) Demonstration projects on acceptance of benefits of
mobile transactions.--
``(A) In general.--The Secretary shall pilot the
use of mobile technologies determined by the Secretary
to be appropriate to test the feasibility and
implications for program integrity, by allowing retail
food stores, farmers markets, and other direct
producer-to-consumer marketing outlets to accept
benefits from recipients of supplemental nutrition
assistance through mobile transactions.
``(B) Demonstration projects.--To be eligible to
participate in a demonstration project under subsection
(a), a retail food store, farmers market, or other
direct producer-to-consumer marketing outlet shall
submit to the Secretary for approval a plan that
includes--
``(i) a description of the technology;
``(ii) the manner by which the retail food
store, farmers market or other direct producer-
to-consumer marketing outlet will provide proof
of the transaction to households;
``(iii) the provision of data to the
Secretary, consistent with requirements
established by the Secretary, in a manner that
allows the Secretary to evaluate the impact of
the demonstration on participant access, ease
of use, and program integrity; and
``(iv) such other criteria as the Secretary
may require.
``(C) Date of completion.--The demonstration
projects under this paragraph shall be completed and
final reports submitted to the Secretary by not later
than July 1, 2015.
``(D) Report to congress.--The Secretary shall
submit a report to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate that
includes a finding, based on the data provided under
subparagraph (C) whether or not implementation in all
States is in the best interest of the supplemental
nutrition assistance program.''.
SEC. 4011. USE OF BENEFITS FOR PURCHASE OF COMMUNITY-SUPPORTED
AGRICULTURE SHARE.
Section 10 of the Food and Nutrition Act of 2008 (7 U.S.C. 2019) is
amended in the 1st sentence by inserting ``agricultural producers who
market agricultural products directly to consumers shall be authorized
to redeem benefits for the initial cost of the purchase of a community-
supported agriculture share,'' after ``food so purchased,''.
SEC. 4012. RESTAURANT MEALS PROGRAM.
(a) In General.--Section 11(e) of the Food and Nutrition Act of
2008 (7 U.S.C. 2020(e)) is amended--
(1) in paragraph (22) by striking ``and'' at the end;
(2) in paragraph (23)(C) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(24) if the State elects to carry out a program to
contract with private establishments to offer meals at
concessional prices, as described in paragraphs (3), (4), and
(9) of section 3(k)--
``(A) the plans of the State agency for operating
the program, including--
``(i) documentation of a need that eligible
homeless, elderly, and disabled clients are
underserved in a particular geographic area;
``(ii) the manner by which the State agency
will limit participation to only those private
establishments that the State determines
necessary to meet the need identified in clause
(i); and
``(iii) any other conditions the Secretary
may prescribe, such as the level of security
necessary to ensure that only eligible
recipients participate in the program; and
``(B) a report by the State agency to the Secretary
annually, the schedule of which shall be established by
the Secretary, that includes--
``(i) the number of households and
individual recipients authorized to participate
in the program, including any information on
whether the individual recipient is elderly,
disabled, or homeless; and
``(ii) an assessment of whether the program
is meeting an established need, as documented
under subparagraph (A)(i).''.
(b) Approval of Retail Food Stores and Wholesale Food Concerns.--
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is
amended by adding at the end the following:
``(h) Private Establishments.--
``(1) In general.--Subject to paragraph (2), no private
establishment that contracts with a State agency to offer meals
at concessional prices as described in paragraphs (3), (4), and
(9) of section 3(k) may be authorized to accept and redeem
benefits unless the Secretary determines that the participation
of the private establishment is required to meet a documented
need in accordance with section 11(e)(24).
``(2) Existing contracts.--
``(A) In general.--If, on the day before the
effective date of this subsection, a State has entered
into a contract with a private establishment described
in paragraph (1) and the Secretary has not determined
that the participation of the private establishment is
necessary to meet a documented need in accordance with
section 11(e)(24), the Secretary shall allow the
operation of the private establishment to continue
without that determination of need for a period not to
exceed 180 days from the date on which the Secretary
establishes determination criteria, by regulation,
under section 11(e)(24).
``(B) Justification.--If the Secretary determines
to terminate a contract with a private establishment
that is in effect on the effective date of this
subsection, the Secretary shall provide justification
to the State in which the private establishment is
located for that termination.
``(3) Report to congress.--Not later than 90 days after
September 30, 2013, and 90 days after the last day of each
fiscal year thereafter, the Secretary shall report to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate on the effectiveness of a program under this subsection
using any information received from States under section
11(e)(24) as well as any other information the Secretary may
have relating to the manner in which benefits are used.''.
(c) Conforming Amendments.--Section 3(k) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012(k)) is amended by inserting ``subject to
section 9(h)'' after ``concessional prices'' each place it appears.
SEC. 4013. STATE VERIFICATION OPTION.
Section 11(p) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(p)) is amended to read as follows:
``(p) State Verification Option.--In carrying out the supplemental
nutrition assistance program, a State agency shall be required to use
an income and eligibility, or an immigration status, verification
system established under section 1137 of the Social Security Act (42
U.S.C. 1320b-7), in accordance with standards set by the Secretary.''.
SEC. 4014. REPEAL OF GRANT PROGRAM.
Section 11(t) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(t)) is repealed.
SEC. 4015. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY.
(a) Data Exchange Standardization.--Section 11 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the end
the following:
``(v) Data Exchange Standardization for Improved
Interoperability.--
``(1) Data exchange standards.--
``(A) Designation.--The Secretary, in consultation
with an interagency work group which shall be
established by the Office of Management and Budget, and
considering State perspectives, shall, by rule,
designate a data exchange standard for any category of
information required to be reported under this Act.
``(B) Data exchange standards must be
nonproprietary and interoperable.--The data exchange
standard designated under subparagraph (A) shall, to
the extent practicable, be nonproprietary and
interoperable.
``(C) Other requirements.--In designating data
exchange standards under this subsection, the Secretary
shall, to the extent practicable, incorporate--
``(i) interoperable standards developed and
maintained by an international voluntary
consensus standards body, as defined by the
Office of Management and Budget, such as the
International Organization for Standardization;
``(ii) interoperable standards developed
and maintained by intergovernmental
partnerships, such as the National Information
Exchange Model; and
``(iii) interoperable standards developed
and maintained by Federal entities with
authority over contracting and financial
assistance, such as the Federal Acquisition
Regulatory Council.
``(2) Data exchange standards for reporting.--
``(A) Designation.--The Secretary, in consultation
with an interagency work group established by the
Office of Management and Budget, and considering State
perspectives, shall, by rule, designate data exchange
standards to govern the data reporting required under
this part.
``(B) Requirements.--The data exchange standards
required by subparagraph (A) shall, to the extent
practicable--
``(i) incorporate a widely-accepted,
nonproprietary, searchable, computer-readable
format;
``(ii) be consistent with and implement
applicable accounting principles; and
``(iii) be capable of being continually
upgraded as necessary.
``(C) Incorporation of nonproprietary standards.--
In designating reporting standards under this
subsection, the Secretary shall, to the extent
practicable, incorporate existing nonproprietary
standards, such as the eXtensible Markup Language.''.
(b) Effective Dates.--
(1) Data exchange standards.--The Secretary of Agriculture
shall issue a proposed rule under section 11(v)(1) of the Food
and Nutrition Act of 2008 within 12 months after the effective
date of this section, and shall issue a final rule under such
section after public comment, within 24 months after such
effective date.
(2) Data reporting standards.--The reporting standards
required under section 11(v)(2) of such Act shall become
effective with respect to reports required in the first
reporting period, after the effective date of the final rule
referred to in paragraph (1) of this subsection, for which the
authority for data collection and reporting is established or
renewed under the Paperwork Reduction Act.
SEC. 4016. REPEAL OF BONUS PROGRAM.
Section 16(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(d)) is repealed.
SEC. 4017. FUNDING OF EMPLOYMENT AND TRAINING PROGRAMS.
Section 16(h)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(h)(1)(A)) is amended by striking ``$90,000,000'' and inserting
``$79,000,000''.
SEC. 4018. MONITORING EMPLOYMENT AND TRAINING PROGRAM.
(a) Reporting Measures.--Section 16(h)(5) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(h)(5)) is amended to read:
``(5)(A) In general.--The Secretary shall monitor the
employment and training programs carried out by State agencies
under section 6(d)(4) and assess their effectiveness in--
``(i) preparing members of households participating
in the supplemental nutrition assistance program for
employment, including the acquisition of basic skills
necessary for employment; and
``(ii) increasing the numbers of household members
who obtain and retain employment subsequent to their
participation in such employment and training programs.
``(B) Reporting measures.--The Secretary, in consultation
with the Secretary of Labor, shall develop reporting measures
that identify improvements in the skills, training education or
work experience of members of households participating in the
supplemental nutrition assistance program. Measures shall be
based on common measures of performance for federal workforce
training programs, so long as they reflect the challenges
facing the types of members of households participating in the
supplemental nutrition assistance program who participate in a
specific employment and training component. The Secretary shall
require that each State employment and training plan submitted
under section 11(3)(19) identify appropriate reporting measures
for each of their proposed components that serve at least 100
people. Such measures may include:
``(i) the percentage and number of program
participants who received employment and training
services and are in unsubsidized employment subsequent
to the receipt of those services;
``(ii) the percentage and number of program
participants who obtain a recognized postsecondary
credential, including a registered apprenticeship, or a
regular secondary school diploma or its recognized
equivalent, while participating in or within 1 year
after receiving employment and training services;
``(iii) the percentage and number of program
participants who are in an education or training
program that is intended to lead to a recognized
postsecondary credential, including a registered
apprenticeship or on-the-job training program, a
regular secondary school diploma or its recognized
equivalent, or unsubsidized employment;
``(iv) subject to the terms and conditions set by
the Secretary, measures developed by each State agency
to assess the skills acquisition of employment and
training program participants that reflect the goals of
their specific employment and training program
components, which may include, but are not limited to--
``(I) the percentage and number of program
participants who are meeting program
requirements in each component of the State's
education and training program; and
``(II) the percentage and number of program
participants who are gaining skills likely to
lead to employment as measured through testing,
quantitative or qualitative assessment or other
method; and
``(v) other indicators as approved by the
Secretary.
``(C) State report.--Each State agency shall annually
prepare and submit to the Secretary a report on the State's
employment and training program that includes the numbers of
supplemental nutrition assistance program participants who have
gained skills, training, work or experience that will increase
their ability to obtain regular employment using measures
identified in subparagraph (B).
``(D) Modifications to the state employment and training
plan.--Subject to the terms and conditions established by the
Secretary, if the Secretary determines that the state agency's
performance with respect to employment and training outcomes is
inadequate, the Secretary may require the State agency to make
modifications to their employment and training plan to improve
such outcomes.
``(E) Periodic evaluation.--
``(i) In general.--Subject to terms and conditions
established by the Secretary, not later than October 1,
2015, and not less frequently than once every 5 years
thereafter, the Secretary shall conduct a study to
review existing practice and research to identify
employment and training program components and
practices that--
``(I) effectively assist members of
households participating in the supplemental
nutrition assistance program in gaining skills,
training, work, or experience that will
increase their ability to obtain regular
employment, and
``(II) are best integrated with statewide
workforce development systems.
``(ii) Report to congress.--The Secretary shall
submit a report that describes the results of the study
under clause (i) to the Committee on Agriculture in the
House of Representatives, and the Committee on
Agriculture, Nutrition and Forestry in the Senate.''.
(b) Effective Date.--Notwithstanding section 4(c) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2013(a)), the Secretary shall issue
interim final regulations implementing the amendment made by subsection
(a) no later than 18 months after the date of enactment of this Act.
States shall include such reporting measures in their employment and
training plans for the 1st fiscal year thereafter that begins no sooner
than 6 months after the date that such regulations are published.
SEC. 4019. COOPERATION WITH PROGRAM RESEARCH AND EVALUATION.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is
amended by adding at the end the following:
``(l) Cooperation With Program Research and Evaluation.--States,
State agencies, local agencies, institutions, facilities such as data
consortiums, and contractors participating in programs authorized under
this Act shall cooperate with officials and contractors acting on
behalf of the Secretary in the conduct of evaluations and studies under
this Act and shall submit information at such time and in such manner
as the Secretary may require.''.
SEC. 4020. AUTHORIZATION OF APPROPRIATIONS.
Section 18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2027(a)(1)) is amended in the 1st sentence by striking ``2012'' and
inserting ``2017''.
SEC. 4021. LIMITATION ON USE OF BLOCK GRANT TO PUERTO RICO.
Section 19(a)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C.
2028(a)(2)(B)) is amended by adding at the end the following:
``(iii) Limitation on use of funds.--None
of the funds made available to the Commonwealth
of Puerto Rico under this subparagraph may be
used to provide nutrition assistance in the
form of cash benefits.''.
SEC. 4022. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
(a) Definition.--Section 25(a)(1)(B)(i) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2034(a)(1)(B)(i)) is amended--
(1) in subclause (II) by striking ``and'' at the end;
(2) in subclause (III) by striking ``or'' at the end and
inserting ``and''; and
(3) by adding at the end the following:
``(IV) to provide incentives for
the consumption of fruits and
vegetables among low-income
individuals; or''.
(b) Additional Funding.--Section 25(b) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2034) is amended by adding at the end the
following:
``(3) Funding.--
``(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out
this section not less than $10,000,000 for fiscal year
2013 and each fiscal year thereafter. Of the amount
made available under this subparagraph for each such
fiscal year, $5,000,000 shall be available to carry out
subsection (a)(1)(B)(I)(IV).
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this section, the funds transferred under
subparagraph (A) without further appropriation.
``(C) Maintenance of funding.--The funding provided
under subparagraph (A) shall supplement (and not
supplant) other Federal funding made available to the
Secretary to carry out this section.''.
SEC. 4023. EMERGENCY FOOD ASSISTANCE.
(a) Purchase of Commodities.--Section 27(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036(a)) is amended--
(1) in paragraph (1) by striking ``2008 through 2012'' and
inserting ``2012 through 2017''; and
(2) in paragraph (2)--
(A) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) for fiscal year 2012, $260,250,000;
``(B) for fiscal year 2013 the dollar amount of
commodities specified in subparagraph (A) adjusted by
the percentage by which the thrifty food plan has been
adjusted under section 3(u)(4) between June 30, 2011
and June 30, 2012, and subsequently increased by
$20,000,000;'';
(B) in subparagraph (C)--
(i) by striking ``2010 through 2012, the
dollar amount of commodities specified in'' and
inserting ``2014 through 2017, the total amount
of commodities under''; and
(ii) by striking ``2008'' and inserting
``2012''; and
(iii) by striking the period at the end and
inserting:``; and''; and
(C) by adding at the end the following:
``(D) for fiscal year 2013 the dollar amount of
commodities specified in subparagraph (B), and for each
of the fiscal years 2014 through 2017 the respective
dollar amount of commodities specified in subparagraph
(C), increased by $5,000,000.''.
(b) Emergency Food Program Infrastructure Grants.--Section 209(d)
of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7511a(d)) is
amended by striking ``2012'' and inserting ``2017''.
SEC. 4024. NUTRITION EDUCATION.
Section 28(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036a(b)) is amended by inserting ``and physical activity'' after
``healthy food choices''.
SEC. 4025. RETAILER TRAFFICKING.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is
amended by adding at the end the following:
``SEC. 29. RETAILER TRAFFICKING.
``(a) Purpose.--The purpose of this section is to provide the
Department of Agriculture with additional resources to prevent
trafficking in violation of this Act by strengthening recipient and
retailer program integrity. Additional funds are provided to supplement
the Department's payment accuracy, and retailer and recipient integrity
activities.
``(b) Funding.--
``(1) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out this section not less
than $5,000,000 for fiscal year 2013 and each fiscal year
thereafter.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1) without
further appropriation.
``(3) Maintenance of funding.--The funding provided under
paragraph (1) shall supplement (and not supplant) other Federal
funding for programs carried out under this Act.''.
SEC. 4026. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)
is amended--
(1) in subsection (g) by striking ``coupon,'' the last
place it appears and inserting ``coupon'';
(2) in subsection (k)(7) by striking ``or are'' and
inserting ``and'';
(3) by striking subsection (l);
(4) by redesignating subsections (m) through (t) as
subsections (l) through (s), respectively; and
(5) by inserting after subsection (s) (as so redesignated)
the following:
``(t) `Supplemental nutritional assistance program' means the
program operated pursuant to this Act.''.
(b) Section 4(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(a)) is amended by striking ``benefits'' the last place it appears
and inserting ``Benefits''.
(c) Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014)
is amended--
(1) in the last sentence of subsection (i)(2)(D) by
striking ``section 13(b)(2)'' and inserting ``section 13(b)'';
and
(2) in subsection (k)(4)(A) by striking ``paragraph
(2)(H)'' and inserting ``paragraph (2)(G)''.
(d) Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)(4)) is amended--
(1) in subparagraph (B)(vii) by moving the left margin 2
ems to the left, and
(2) in subparagraph(F)(iii) by moving the left margin 4 ems
to the left.
(e) Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)) is amended by redesignating the 2d paragraph (12) as paragraph
(13).
(f) Section 9(a)(3) of the Food and Nutrition Act of 2008 (7 U.S.C.
2018(a)) is amended by moving the left margin 2 ems to the left.
(g) Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C.
2021) is amended--
(1) in subsection (b)(3)(C) by striking ``civil money
penalties'' and inserting ``civil penalties''; and
(2) in subsection (g)(1) by striking ``(7 U.S.C. 1786)''
and inserting ``(42 U.S.C. 1786)''.
(h) Section 15(b)(1) of the Food and Nutrition Act of 2008 (7
U.S.C. 2024(b)(1)) is amended in the 1st sentence by striking ``an
benefit'' and inserting ``a benefit''.
(i) Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(a)) is amended in the proviso following paragraph (8) by striking
``, as amended.''.
(j) Section 18(e) of the Food and Nutrition Act of 2008 (7 U.S.C.
2027(e)) is amended in the 1st sentence by striking ``sections 7(f)''
and inserting ``section 7(f)''.
(k) Section 22(b)(10)(B)(i) of the Food and Nutrition Act of 2008
(7 U.S.C. 2031(b)(10)(B)(i)) is amended in the last sentence by
striking ``Food benefits'' and inserting ``Benefits''.
(l) Section 26(f)(3)(C) of the Food and Nutrition Act of 2008 (7
U.S.C. 2035(f)(3)(C)) is amended by striking ``subsection'' and
inserting ``subsections''.
(m) Section 27(a)(1) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)(1)) is amended by striking ``(Public Law 98-8; 7 U.S.C.
612c note)'' and inserting ``(7 U.S.C. 7515)''.
(n) Section 509 of the Older Americans Act of 1965 (42 U.S.C.
3056g) is amended in the section heading by striking ``food stamp
programs'' and inserting ``supplemental nutrition assistance program''.
(o) Section 4115(c)(2)(H) of the Food, Conservation, and Energy Act
of 2008 (Public Law 110-246; 122 Stat. 1871) is amended by striking
``531'' and inserting ``454''.
(p) Section 3803(c)(2)(C)(vii) of title 31 of the United States
Code is amended by striking ``section 3(l)'' each place it appears and
inserting ``section 3(s)''.
(q) Section 115 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193) is amended--
(1) in subsection (a)(2) by striking ``section 3(l)'' and
inserting ``section 3(s)'';
(2) in subsection (b)(2) by striking ``section 3(l)'' and
inserting ``section 3(s)''; and
(3) in subsection (e)(2) by striking ``section 3(l)'' and
inserting ``section 3(s)''.
(r) The Agriculture and Consumer Protection Act of 1973 (7 U.S.C.
612c) is amended--
(1) in section 4(a) by striking ``Food Stamp Act of 1977''
and inserting ``Food and Nutrition Act of 2008''; and
(2) in section 5--
(A) in subsection (i)(1) by striking ``Food Stamp
Act of 1977'' and inserting ``Food and Nutrition Act of
2008''; and
(B) in subsection (l)(2)(B) by striking ``Food
Stamp Act of 1977'' and inserting ``Food and Nutrition
Act of 2008''.
(s) The Social Security Act (42 U.S.C. 301 et seq.) is amended--
(1) in the heading of section 453(j)(10) by striking ``food
stamp'' and inserting ``supplemental nutrition assistance'';
(2) in section 1137--
(A) in subsection (a)(5)(B) by striking ``food
stamp'' and inserting ``supplemental nutrition
assistance''; and
(B) in subsection (b)(4) by striking ``food stamp
program under the Food Stamp Act of 1977'' and
inserting ``supplemental nutrition assistance program
under the Food and Nutrition Act of 2008''; and
(3) in the heading of section 1631(n) by striking ``food
Stamp'' and inserting ``supplemental Nutrition Assistance''.
SEC. 4027. TOLERANCE LEVEL FOR EXCLUDING SMALL ERRORS.
The Secretary shall set the tolerance level for excluding small
errors for the purposes of section 16(c) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2025(c))--
(1) for fiscal year 2013 at an amount no greater than $25;
and
(2) for each fiscal year thereafter, the amount specified
in paragraph (1) adjusted by the percentage by which the
thrifty food plan is adjusted under section 3(u)(4) of such Act
between June 30, 2011, and June 30 of the immediately preceding
fiscal year.
SEC. 4028. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS PILOT PROGRAM.
(a) Study.--
(1) In general.--Prior to establishing the pilot program
under subsection (b), the Secretary shall conduct a study to be
completed not later than 2 years after the effective date of
this section to assess--
(A) the capabilities of the Commonwealth of the
Northern Mariana Islands to operate the supplemental
nutrition assistance program in the same manner in
which the program is operated in the States (as defined
in section 3 of the Food and Nutrition Act (7 U.S.C.
2011 et seq)); and
(B) alternative models of the supplemental
nutrition assistance program operation and benefit
delivery that best meet the nutrition assistance needs
of the Commonwealth of the Northern Mariana Islands.
(2) Scope.--The study conducted under paragraph (1)(A) will
assess the capability of the Commonwealth to fulfill the
responsibilities of a State agency, including--
(A) extending and limiting participation to
eligible households, as prescribed by sections 5 and 6
of the Act;
(B) issuing benefits through EBT cards, as
prescribed by section 7 of the Act;
(C) maintaining the integrity of the program,
including operation of a quality control system, as
prescribed by section 16(c) of the Act;
(D) implementing work requirements, including
operating an employment and training program, as
prescribed by section 6(d) of the Act; and
(E) paying a share of administrative costs with
non-Federal funds, as prescribed by section 16(a) of
the Act.
(b) Establishment.--If the Secretary determines that a pilot
program is feasible, the Secretary shall establish a pilot program for
the Commonwealth of the Northern Mariana Islands to operate the
supplemental nutrition assistance program in the same manner in which
the program is operated in the States.
(c) Scope.--The Secretary shall utilize the information obtained
from the study conducted under subsection (a) to establish the scope of
the pilot program established under subsection (b).
(d) Report.--Not later than June 30, 2018, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report on the pilot program carried out under this section, including
an analysis of the feasibility of operating in the Commonwealth of the
Northern Mariana Islands the supplemental nutrition assistance program
as it is operated in the States.
(e) Funding.--
(1) Study.--Of the funds made available under section
18(a)(1) of the Food and Nutrition Act of 2008, the Secretary
may use not more than $1,000,000 in each of fiscal years 2013
and 2014 to conduct the study described in subsection (a).
(2) Pilot program.--Of the funds made available under
section 18(a)(1) of the Food and Nutrition Act of 2008, for the
purposes of establishing and carrying out the pilot program
established under subsection (b) of this section, including the
Federal costs for providing technical assistance to the
Commonwealth, authorizing and monitoring retail food stores,
and assessing pilot operations, the Secretary may use not more
than--
(A) $13,500,000 in fiscal year 2015; and
(B) $8,500,000 in each of fiscal years 2016 and
2017.
SEC. 4029. ANNUAL STATE REPORT ON VERIFICATION OF SNAP PARTICIPATION.
(a) Annual Report.--Not later 1 year after the date specified by
the Secretary in the 180-period beginning on the date of the enactment
of this Act, and annually thereafter, each State agency that carries
out the supplemental nutrition assistance program shall submit to the
Secretary a report containing sufficient information for the Secretary
to determine whether the State agency has, for the then most recently
concluded fiscal year preceding such annual date, verified that
households to which such State agency provided such assistance in such
fiscal year--
(1) did not obtain benefits attributable to a deceased
individual; and
(2) did not include an individual who was simultaneously
included in a household receiving such assistance in another
State.
(b) Penalty for Noncompliance.--For any fiscal year for which a
State agency fails to comply with subsection (a), the Secretary shall
reduce by 50 percent the amount otherwise payable to such State agency
under section 16(a) of the Food and Nutrition Act of 2008 with respect
to such fiscal year.
Subtitle B--Commodity Distribution Programs
SEC. 4101. COMMODITY DISTRIBUTION PROGRAM.
Section 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note; Public Law 93-86) is amended in the 1st sentence
by striking ``2012'' and inserting ``2017''.
SEC. 4102. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
Section 5 of the Agriculture and Consumer Protection Act of 1973 (7
U.S.C. 612c note; Public Law 93-86) is amended--
(1) in paragraphs (1) and (2)(B) of subsection (a) by
striking ``2012'' each place it appears and inserting ``2017'';
(2) in the 1st sentence of subsection (d)(2) by striking
``2012'' and inserting ``2017'';
(3) by striking subsection (g) and inserting the following:
``(g) Eligibility.--Except as provided in subsection (m), the
States shall only provide assistance under the commodity supplemental
food program to low-income individuals aged 60 and older.''; and
(4) by adding at the end the following:
``(m) Phase-out.--Notwithstanding any other provision of law, an
individual who receives assistance under the commodity supplemental
food program on the day before the effective date of this subsection
shall continue to receive that assistance until the date on which the
individual no longer qualifies for assistance under the eligibility
criteria for the program in effect on the day before the effective date
of this subsection.''.
SEC. 4103. DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL NUTRITION
PROJECTS.
Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 (7
U.S.C. 1431e(2)(A)) is amended in the 1st sentence by striking ``2012''
and inserting ``2017''.
SEC. 4104. PROCESSING OF COMMODITIES.
(a) Section 17 of the Commodity Distribution Reform Act and WIC
Amendments of 1987 (7 U.S.C. 612c note) is amended by--
(1) striking the heading and inserting ``commodity
donations and processing''; and
(2) adding at the end the following:
``(c) Processing.--For any program included in subsection (b), the
Secretary may, notwithstanding any other provision of State or Federal
law relating to the procurement of goods and services--
``(1) retain title to commodities delivered to a processor,
on behalf of a State (including a State distributing agency and
a recipient agency), until such time as end products containing
such commodities, or similar commodities as approved by the
Secretary, are delivered to a State distributing agency or to a
recipient agency; and
``(2) promulgate regulations to ensure accountability for
commodities provided to a processor for processing into end
products, and to facilitate processing of commodities into end
products for use by recipient agencies. Such regulations may
provide that--
``(A) a processor that receives commodities for
processing into end products, or provides a service
with respect to such commodities or end products, in
accordance with its agreement with a State distributing
agency or a recipient agency, provide to the Secretary
a bond or other means of financial assurance to protect
the value of such commodities; and
``(B) in the event a processor fails to deliver to
a State distributing agency or a recipient agency an
end product in conformance with the processing
agreement entered into under this Act, the Secretary
take action with respect to the bond or other means of
financial assurance pursuant to regulations promulgated
under this paragraph and distribute any proceeds
obtained by the Secretary to one or more State
distributing agencies and recipient agencies as
determined appropriate by the Secretary.''.
(b) Definitions.--Section 18 of the Commodity Distribution Reform
Act and WIC Amendments of 1987 (7 U.S.C. 612c note) is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) The term `commodities' means agricultural commodities
and their products that are donated by the Secretary for use by
recipient agencies.
``(2) The term `end product' means a food product that
contains processed commodities.''.
(c) Technical and Conforming Amendments.--Section 3 of the
Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C.
612c note; Public Law 100-237) is amended--
(1) in subsection (a)--
(A) in paragraph (2) by striking subparagraph (B)
and inserting the following:
``(B) the program established under section 4(b) of
the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b));''; and
(B) in paragraph (3)(D) by striking ``the Committee
on Education and Labor'' and inserting ``the Committee
on Education and the Workforce'';
(2) in subsection (b)(1)(A)(ii) by striking ``section 32 of
the Agricultural Adjustment Act (7 U.S.C. 601 et seq.)'' and
inserting ``section 32 of the Act of August 24, 1935 (7 U.S.C.
612c)'';
(3) in subsection (e)(1)(D)(iii) by striking subclause (II)
and inserting the following:
``(II) the program established
under section 4(b) of the Food and
Nutrition Act of 2008 (7 U.S.C.
2013(b));''; and
(4) in subsection (k) by striking ``the Committee on
Education and Labor'' and inserting ``the Committee on
Education and the Workforce''.
Subtitle C--Miscellaneous
SEC. 4201. FARMERS' MARKET NUTRITION PROGRAM.
Section 4402 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3007) is amended--
(1) in the section heading by striking ``seniors'';
(2) by amending subsection (a) to read as follows:
``(a) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall use to carry
out and expand the farmers market nutrition program $20,600,000
for each of fiscal years 2013 through 2017.
``(2) Additional funding.--There is authorized to be
appropriated such sums as are necessary to carry out this
subsection for each of fiscal years 2013 through 2017.'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``seniors''; and
(B) in paragraph (1) by inserting ``, and low-
income families who are determined to be at nutritional
risk'' after ``low-income seniors'';
(4) in subsection (c) by striking ``seniors'';
(5) in subsection (d) by striking ``seniors'';
(6) in subsection (e) by striking ``seniors'';
(7) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively; and
(8) by inserting after subsection (b) the following:
``(c) State Grants and Other Assistance.--The Secretary shall carry
out the Program through grants and other assistance provided in
accordance with agreements made with States, for implementation through
State agencies and local agencies, that include provisions--
``(1) for the issuance of coupons or vouchers to
participating individuals;
``(2) establishing an appropriate annual percentage
limitation on the use of funds for administrative costs; and
``(3) specifying other terms and conditions as the
Secretary deems appropriate to encourage expanding the
participation of small scale farmers in Federal nutrition
programs.''.
SEC. 4202. NUTRITION INFORMATION AND AWARENESS PILOT PROGRAM.
Section 4403 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3171 note; Public Law 107-171) is repealed.
SEC. 4203. FRESH FRUIT AND VEGETABLE PROGRAM.
Section 19 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769a) is amended--
(1) in the section heading, by striking ``fresh'';
(2) in subsection (a), by striking ``fresh'';
(3) in subsection (b), by striking ``fresh''; and
(4) in subsection (e), by striking ``fresh''.
SEC. 4204. ADDITIONAL AUTHORITY FOR PURCHASE OF FRESH FRUITS,
VEGETABLES, AND OTHER SPECIALTY FOOD CROPS.
Section 10603 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 612c-4) is amended--
(1) in subsection (b), by striking ``2012'' and inserting
``2017'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Pilot Grant Program for Purchase of Fresh Fruits and
Vegetables.--
``(1) In general.--Using amounts made available to carry
out subsection (b), the Secretary of Agriculture shall conduct
a pilot program under which the Secretary will give not more
than five participating States the option of receiving a grant
in an amount equal to the value of the commodities that the
participating State would otherwise receive under this section
for each of fiscal years 2013 through 2017.
``(2) Use of grant funds.--A participating State receiving
a grant under this subsection may use the grant funds solely to
purchase fresh fruits and vegetables for distribution to
schools and service institutions in the State that participate
in the food service programs under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
``(3) Selection of participating states.--The Secretary
shall select participating States from applications submitted
by the States.
``(4) Reporting requirements.--
``(A) School and service institution requirement.--
Schools and service institutions in a participating
State shall keep records of purchases of fresh fruits
and vegetables made using the grant funds and report
such records to the State.
``(B) State requirement.--Each participating State
shall submit to the Secretary a report on the success
of the pilot program in the State, including
information on--
``(i) the amount and value of each type of
fresh fruit and vegetable purchased by the
State; and
``(ii) the benefit provided by such
purchases in conducting the school food service
in the State, including meeting school meal
requirements.''.
SEC. 4205. ENCOURAGING LOCALLY AND REGIONALLY GROWN AND RAISED FOOD.
(a) Commodity Purchase Streamlining.--The Secretary may permit each
school food authority with a low annual commodity entitlement value, as
determined by the Secretary, to elect to substitute locally and
regionally grown and raised food for the authority's allotment, in
whole or in part, of commodity assistance for the school meal programs
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
if--
(1) the election is requested by the school food authority;
(2) the Secretary determines that the election will reduce
State and Federal administrative costs; and
(3) the election will provide the school food authority
with greater flexibility to purchase locally and regionally
grown and raised foods.
(b) Farm-to-school Demonstration Programs.--
(1) In general.--The Secretary may establish farm-to-school
demonstration programs under which school food authorities,
agricultural producers producing for local and regional
markets, and other farm-to-school stakeholders will collaborate
with the Agriculture Marketing Service to, on a cost neutral
basis, source food for the school meal programs under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) from local farmers and ranchers in lieu of the commodity
assistance provided to the school food authorities for the
school meal programs.
(2) Requirements.--
(A) In general.--Each demonstration program carried
out under this subsection shall--
(i) facilitate and increase the purchase of
unprocessed and minimally processed locally and
regionally grown and raised agricultural
products to be served under the school meal
programs;
(ii) test methods to improve procurement,
transportation, and meal preparation processes
for the school meal programs;
(iii) assess whether administrative costs
can be saved through increased school authority
flexibility to source locally and regionally
produced foods for the school meal programs;
and
(iv) undertake rigorous evaluation and
share information about results of the
demonstration program, including cost savings,
with the Secretary, other school food
authorities, agricultural producers producing
for the local and regional market, and the
general public.
(B) Plans.--In order to be selected to carry out a
demonstration program under this subsection, a school
food authority shall submit to the Secretary a plan at
such time and in such manner as the Secretary may
require, and containing information with respect to the
requirements described in clauses (i) through (iv) of
subparagraph (A).
(3) Technical assistance.--The Secretary shall provide
technical assistance to demonstration program participants to
assist such participants to acquire bids from potential vendors
in a timely and cost-effective manner.
(4) Length.--The Secretary shall determine the appropriate
length of time for each demonstration program under this
subsection.
(5) Coordination.--The Secretary shall coordinate among
relevant agencies of the Department of Agriculture and non-
governmental organizations with appropriate expertise to
facilitate the provision of training and technical assistance
necessary to the successful implementation of demonstration
programs carried out under this subsection.
(6) Number.--Subject to the availability of funds to carry
out this subsection, the Secretary of Agriculture shall
implement at least 10 demonstration programs under this
subsection.
(7) Diversity and balance.--In carrying out demonstration
programs under this subsection, the Secretary shall, to the
maximum extent practicable, ensure--
(A) geographical diversity;
(B) at least half of the demonstration programs are
completed in collaboration with school food authorities
with small annual commodity entitlements, as determined
by the Secretary;
(C) at least half of the demonstration programs are
completed in rural or tribal communities;
(D) equitable treatment of school food authorities
with a high percentage of students eligible for free or
reduced price lunches, as determined by the Secretary;
and
(E) at least one of the demonstration programs is
completed on a military installation as defined in
section 2687(e)(1) of title 10, United States Code.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 5001. ELIGIBILITY FOR FARM OWNERSHIP LOANS.
(a) In General.--Section 302(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922(a)) is amended--
(1) by striking ``(a) In General.--The'' and inserting the
following:
``(a) In General.--
``(1) Eligibility requirements.--The'';
(2) in the 1st sentence, by inserting after ``limited
liability companies'' the following: ``, and such other legal
entities as the Secretary deems appropriate,'';
(3) in the 2nd sentence, by redesignating clauses (1)
through (4) as clauses (A) through (D), respectively;
(4) in each of the 2nd and 3rd sentences, by striking ``and
limited liability companies'' each place it appears and
inserting ``limited liability companies, and such other legal
entities'';
(5) in the 3rd sentence, by striking ``(3)'' and ``(4)''
and inserting ``(C)'' and ``(D)'', respectively; and
(6) by adding at the end the following:
``(2) Special deeming rules.--
``(A) Eligibility of certain operating-only
entities.--An entity that is or will become only the
operator of a family farm is deemed to meet the owner-
operator requirements of paragraph (1) if the
individuals that are the owners of the family farm own
more than 50 percent (or such other percentage as the
Secretary determines is appropriate) of the entity.
``(B) Eligibility of certain embedded entities.--An
entity that is an owner-operator described in paragraph
(1), or an operator described in subparagraph (A) of
this paragraph that is owned, in whole or in part, by
other entities, is deemed to meet the direct ownership
requirement imposed under paragraph (1) if at least 75
percent of the ownership interests of each embedded
entity of such entity is owned directly or indirectly
by the individuals that own the family farm.''.
(b) Direct Farm Ownership Experience Requirement.--Section
302(b)(1) of such Act (7 U.S.C. 1922(b)(1)) is amended by inserting
``or has other acceptable experience for a period of time, as
determined by the Secretary,'' after ``3 years''.
(c) Conforming Amendments.--
(1) Section 304(c)(2) of such Act (7 U.S.C. 1924(c)(2)) by
striking ``paragraphs (1) and (2) of section 302(a)'' and
inserting ``clauses (A) and (B) of section 302(a)(1)''.
(2) Section 310D of such Act (7 U.S.C. 1934) is amended--
(A) by inserting after ``partnership'' the
following: ``, or such other legal entities as the
Secretary deems appropriate,''; and
(B) by striking ``or partners'' each place it
appears and inserting ``partners, or owners''.
SEC. 5002. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
(a) Eligibility.--Section 304(c) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1924(c)) is amended by inserting after
``limited liability companies'' the following: ``, or such other legal
entities as the Secretary deems appropriate,''.
(b) Limitation on Loan Guarantee Amount.--Section 304(e) of such
Act (7 U.S.C. 1924(e)) is amended by striking ``75 percent'' and
inserting ``90 percent''.
(c) Extension of Program.--Section 304(h) of such Act (7 U.S.C.
1924(h)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 5003. DOWN PAYMENT LOAN PROGRAM.
(a) In General.--Section 310E(b)(1)(C) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1935(b)(1)(C)) is amended by striking
``$500,000'' and inserting ``$667,000''.
(b) Technical Correction.--Section 310E(b) of such Act (7 U.S.C.
1935(b)) is amended by striking the 2nd paragraph (2).
SEC. 5004. ELIMINATION OF MINERAL RIGHTS APPRAISAL REQUIREMENT.
Section 307 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1927) is amended by striking subsection (d) and redesignating
subsection (e) as subsection (d).
Subtitle B--Operating Loans
SEC. 5101. ELIGIBILITY FOR FARM OPERATING LOANS.
Section 311(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1941(a)) is amended--
(1) by striking ``(a) In General.--The'' and inserting the
following:
``(a) In General.--
``(1) Eligibility requirements.--The'';
(2) in the 1st sentence, by inserting after ``limited
liability companies'' the following: ``, and such other legal
entities as the Secretary deems appropriate,'';
(3) in the 2nd sentence, by redesignating clauses (1)
through (4) as clauses (A) through (D), respectively;
(4) in each of the 2nd and 3rd sentences, by striking ``and
limited liability companies'' each place it appears and
inserting ``limited liability companies, and such other legal
entities'';
(5) in the 3rd sentence, by striking ``(3)'' and ``(4)''
and inserting ``(C)'' and ``(D)'', respectively; and
(6) by adding at the end the following:
``(2) Special deeming rule.--An entity that is an operator
described in paragraph (1) that is owned, in whole or in part,
by other entities, is deemed to meet the direct ownership
requirement imposed under paragraph (1) if at least 75 percent
of the ownership interests of each embedded entity of such
entity is owned directly or indirectly by the individuals that
own the family farm.''.
SEC. 5102. ELIMINATION OF RURAL RESIDENCY REQUIREMENT FOR OPERATING
LOANS TO YOUTH.
Section 311(b)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1941(b)(1)) is amended by striking ``who are rural
residents''.
SEC. 5103. AUTHORITY TO WAIVE PERSONAL LIABILITY FOR YOUTH LOANS DUE TO
CIRCUMSTANCES BEYOND BORROWER CONTROL.
Section 311(b) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1941(b)) is amended by adding at the end the following:
``(5) The Secretary may, on a case by case basis, waive the
personal liability of a borrower for a loan made under this subsection
if any default on the loan was due to circumstances beyond the control
of the borrower.''.
SEC. 5104. MICROLOANS.
(a) In General.--Section 313 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1943) is amended by adding at the end the
following:
``(c) Microloans.--
``(1) In general.--Subject to paragraph (2), the Secretary
may establish a program to make or guarantee microloans.
``(2) Limitation.--The Secretary shall not make or
guarantee a microloan under this subsection that exceeds
$35,000 or that would cause the total principal indebtedness
outstanding at any 1 time for microloans made under this
chapter to any 1 borrower to exceed $70,000.
``(3) Applications.--To the maximum extent practicable, the
Secretary shall limit the administrative burdens and streamline
the application and approval process for microloans under this
subsection.
``(4) Cooperative lending projects.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may contract with community-based and
nongovernmental organizations, State entities, or other
intermediaries, as the Secretary determines
appropriate--
``(i) to make or guarantee a microloan
under this subsection; and
``(ii) to provide business, financial,
marketing, and credit management services to
borrowers.
``(B) Requirements.--Before contracting with an
entity described in subparagraph (A), the Secretary--
``(i) shall review and approve--
``(I) the loan loss reserve fund
for microloans established by the
entity; and
``(II) the underwriting standards
for microloans of the entity; and
``(ii) establish such other requirements
for contracting with the entity as the
Secretary determines necessary.''.
(b) Exceptions for Direct Loans.--Section 311(c)(2) of such Act (7
U.S.C. 1941(c)(2)) is amended to read as follows:
``(2) Exceptions.--In this subsection, the term `direct
operating loan' shall not include--
``(A) a loan made to a youth under subsection (b);
or
``(B) a microloan made to a young beginning farmer
or rancher or a military veteran farmer, as defined by
the Secretary.''.
(c) Section 312(a) of such Act (7 U.S.C. 1942(a)) is amended by
inserting ``(including a microloan, as defined by the Secretary)''
after ``A direct loan''.
(d) Section 316(a)(2) of such Act (7 U.S.C. 1946(a)(2)) is amended
by inserting ``a microloan to a beginning farmer or rancher or military
veteran farmer or'' after ``The interest rate on''.
Subtitle C--Emergency Loans
SEC. 5201. ELIGIBILITY FOR EMERGENCY LOANS.
Section 321(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1961(a)) is amended--
(1) by striking ``owner-operators (in the case of loans for
a purpose under subtitle A) or operators (in the case of loans
for a purpose under subtitle B)'' each place it appears and
inserting ``(in the case of farm ownership loans in accordance
with subtitle A) owner-operators or operators, or (in the case
of loans for a purpose under subtitle B) operators'';
(2) by inserting after ``limited liability companies'' the
1st place it appears the following: ``, or such other legal
entities as the Secretary deems appropriate''; and
(3) by inserting after ``limited liability companies'' the
2nd place it appears the following: ``, or other legal
entities'';
(4) by striking ``and limited liability companies,'' and
inserting ``limited liability companies, and such other legal
entities'';
(5) by striking ``ownership and operator'' and inserting
``ownership or operator''; and
(6) by adding at the end the following: ``An entity that is
an owner-operator or operator described in this subsection is
deemed to meet the direct ownership requirement imposed under
this subsection if at least 75 percent of the ownership
interests of each embedded entity of such entity is owned
directly or indirectly by the individuals that own the family
farm.''.
Subtitle D--Administrative Provisions
SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT ACCOUNTS
PILOT PROGRAM.
Section 333B(h) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1983b(h)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 5302. ELIGIBLE BEGINNING FARMERS AND RANCHERS.
(a) Conforming Amendments Relating to Changes in Eligibility
Rules.--Section 343(a)(11) of such Act (7 U.S.C. 1991(a)(11)) is
amended--
(1) by inserting after ``joint operation,'' the 1st place
it appears the following: ``or such other legal entity as the
Secretary deems appropriate,'';
(2) by striking ``or joint operators'' each place it
appears and inserting ``joint operators, or owners''; and
(3) by inserting after ``joint operation,'' the 2nd and 3rd
place it appears the following: ``or such other legal
entity,''.
(b) Modification of Acreage Ownership Limitation.--Section
343(a)(11)(F) of such Act (7 U.S.C. 1991(a)(11)(F)) is amended by
striking ``median acreage'' and inserting ``average acreage''.
SEC. 5303. LOAN AUTHORIZATION LEVELS.
Section 346(b)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1994(b)(1)) is amended in the matter preceding
subparagraph (A) by striking ``2012'' and inserting ``2017''.
SEC. 5304. PRIORITY FOR PARTICIPATION LOANS.
Section 346(b)(2)(A)(i) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(2)(A)(i)) is amended by adding at the
end the following:
``(III) Priority.--In order to
maximize the number of borrowers served
under this clause, the Secretary--
``(aa) shall give priority
to applicants who apply under
the down payment loan program
under section 310E or joint
financing arrangements under
section 307(a)(3)(D); and
``(bb) may offer other
financing options under this
subtitle to applicants only if
the Secretary determines that
down payment or other
participation loan options are
not a viable approach for the
applicants.''.
SEC. 5305. LOAN FUND SET-ASIDES.
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--
(1) by striking ``2012'' and inserting ``2017''; and
(2) by striking ``of the total amount''.
SEC. 5306. CONFORMING AMENDMENT TO BORROWER TRAINING PROVISION,
RELATING TO ELIGIBILITY CHANGES.
Section 359(c)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2006a(c)(2)) is amended by striking ``section 302(a)(2)
or 311(a)(2)'' and inserting ``section 302(a)(1)(B) or 311(a)(1)(B)''.
Subtitle E--State Agricultural Mediation Programs
SEC. 5401. STATE AGRICULTURAL MEDIATION PROGRAMS.
Section 506 of the Agricultural Credit Act of 1987 (7 U.S.C. 5106)
is amended by striking ``2015'' and inserting ``2017''.
Subtitle F--Loans to Purchasers of Highly Fractionated Land
SEC. 5501. LOANS TO PURCHASERS OF HIGHLY FRACTIONATED LAND.
The first section of Public Law 91-229 (25 U.S.C. 488) is amended
in subsection (b)(1) by striking ``pursuant to section 205(c) of the
Indian Land Consolidation Act (25 U.S.C. 2204(c))'' and inserting ``or
to intermediaries in order to establish revolving loan funds for the
purchase of highly fractionated land''.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Consolidated Farm and Rural Development Act
SEC. 6001. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY GRANTS.
Section 306(a)(2)(B)(vii) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(2)(B)(vii)) by striking ``$30,000,000
for each of fiscal years 2008 through 2012'' and inserting
``$15,000,000 for each of fiscal years 2013 through 2017''.
SEC. 6002. 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
``$15,000,000 for each of fiscal years 2008 through 2012'' and
inserting ``$15,000,000 for each of fiscal years 2013 through 2017''.
SEC. 6003. ELIMINATION OF RESERVATION OF COMMUNITY FACILITIES GRANT
PROGRAM FUNDS.
Section 306(a)(19) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(19)) is amended by striking subparagraph (C).
SEC. 6004. RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM.
Section 306(a)(22) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(22)) is amended to read as follows:
``(22) Rural water and wastewater circuit rider program.--
``(A) In general.--The Secretary shall continue a
national rural water and wastewater circuit rider
program that--
``(i) is consistent with the activities and
results of the program conducted before the
date of enactment of this paragraph, as
determined by the Secretary; and
``(ii) receives funding from the Secretary,
acting through the Rural Utilities Service.
``(B) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $20,000,000 for fiscal year 2013 and each
fiscal year thereafter.''.
SEC. 6005. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY
FACILITIES.
Section 306(a)(25)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(25)(C)) is amended by striking
``$10,000,000 for each of fiscal years 2008 through 2012'' and
inserting ``$5,000,000 for each of fiscal years 2013 through 2017''.
SEC. 6006. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT
PROGRAM.
Section 306A(i)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926a(i)(2)) is amended by striking ``$35,000,000 for
each of fiscal years 2008 through 2012'' and inserting ``$27,000,000
for each of fiscal years 2013 through 2017''.
SEC. 6007. 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.
Section 306E(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926e(d)) is amended by striking ``$10,000,000 for each of
fiscal years 2008 through 2012'' and inserting ``$5,000,000 for each of
fiscal years 2013 through 2017''.
SEC. 6008. RURAL BUSINESS AND INDUSTRY LOAN PROGRAM.
(a) Flexibility for the Business and Loan Program.--Section
310B(a)(2)(A) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932(a)(2)(A)) is amended by inserting ``including working
capital'' after ``employment''.
(b) Greater Flexibility for Adequate Collateral Through Accounts
Receivable.--Section 310B(g)(7) of such Act (7 U.S.C. 1932(g)(7)) is
amended by adding at the end the following: ``In the discretion of the
Secretary, if the Secretary determines that the action would not create
or otherwise contribute to an unreasonable risk of default or loss to
the Federal Government, the Secretary may take account receivables as
security for the obligations entered into in connection with loans and
a borrower may use account receivables as collateral to secure a loan
made or guaranteed under this subsection.''.
(c) Regulations.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall promulgate such regulations
as are necessary to implement the amendments made by this section.
SEC. 6009. RURAL COOPERATIVE DEVELOPMENT GRANTS.
Section 310B(e)(12) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(e)(12)) is amended by striking ``$50,000,000 for
each of fiscal years 2008 through 2012'' and inserting ``$40,000,000
for each of fiscal years 2013 through 2017''.
SEC. 6010. LOCALLY OR REGIONALLY PRODUCED AGRICULTURAL FOOD PRODUCTS.
Section 310B(g)(9)(B)(v)(I) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(g)(9)(B)(v)(I)) is amended--
(1) by striking ``2012'' and inserting ``2017''; and
(2) by inserting ``and not more than 7 percent'' after ``5
percent''.
SEC. 6011. INTERMEDIARY RELENDING PROGRAM.
(a) In General.--Subtitle A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922-1936a) is amended by adding at the end
the following:
``SEC. 310H. INTERMEDIARY RELENDING PROGRAM.
``(a) In General.--The Secretary shall make loans to the entities,
for the purposes, and subject to the terms and conditions specified in
the 1st, 2nd, and last sentences of section 623(a) of the Community
Economic Development Act of 1981 (42 U.S.C. 9812(a)).
``(b) Limitations on Authorization of Appropriations.--For loans
under subsection (a), there are authorized to be appropriated to the
Secretary not more than $10,000,000 for each of fiscal years 2013
through 2017.''.
(b) Conforming Amendments.--Section 1323(b)(2) of the Food Security
Act of 1985 (Public Law 99-198; 7 U.S.C. 1932 note) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (C).
SEC. 6012. ENHANCING PUBLIC/PRIVATE PARTNERSHIPS TO SUPPORT RURAL WATER
AND WASTE DISPOSAL INFRASTRUCTURE.
Section 333 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983) is amended--
(1) by striking ``require'';
(2) in paragraph (1), by inserting ``require'' after
``(1)'';
(3) in paragraph (2), by inserting ``, require'' after
``314'';
(4) in paragraph (3), by inserting ``require'' after
``loans,'';
(5) in paragraph (4)--
(A) by inserting ``require'' after ``(4)''; and
(B) by striking ``and'' after the semicolon;
(6) in paragraph (5)--
(A) by inserting ``require'' after ``(5)''; and
(B) by striking the period at the end and inserting
``; and''; and
(7) by adding at the end the following:
``(6) with respect to water and waste disposal direct and
guaranteed loans provided under section 306, encourage, to the
maximum extent practicable, private or cooperative lenders to
finance rural water and waste disposal facilities by--
``(A) maximizing the use of loan guarantees to
finance eligible projects in rural communities where
the population exceeds 5,500;
``(B) maximizing the use of direct loans to finance
eligible projects in rural communities where the impact
on rate payers will be material when compared to
financing with a loan guarantee;
``(C) establishing and applying a materiality
standard when determining the difference in impact on
rate payers between a direct loan and a loan guarantee;
``(D) in the case of projects that require interim
financing in excess of $500,000, requiring that such
projects initially seek such financing from private or
cooperative lenders; and
``(E) determining if an existing direct loan
borrower can refinance with a private or cooperative
lender, including with a loan guarantee, prior to
providing a new direct loan.''.
SEC. 6013. SIMPLIFIED APPLICATIONS.
(a) In General.--Section 333A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983a) is amended by adding at the end the
following:
``(h) Simplified Application Forms.--Except as provided in
subsection (g)(2) of this section, the Secretary shall, to the maximum
extent practicable, develop a simplified application process, including
a single page application where possible, for grants and relending
authorized under sections 306, 306C, 306D, 306E, 310B(b), 310B(c),
310B(e), 310B(f), 310H, 379B, and 379E.''.
(b) Report to the Congress.--Within 2 years after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a written report
that contains an evaluation of the implementation of the amendment made
by subsection (a).
SEC. 6014. REAUTHORIZATION OF STATE RURAL DEVELOPMENT COUNCILS.
Section 378(h) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008m(h)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 6015. GRANTS FOR NOAA WEATHER RADIO TRANSMITTERS.
Section 379B(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008p(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2013 through 2017.''.
SEC. 6016. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
Section 379E(d)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008s(d)(2)) is amended by striking ``$40,000,000 for
each of fiscal years 2009 through 2012'' and inserting ``$20,000,000
for each of fiscal years 2013 through 2017''.
SEC. 6017. DELTA REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 382M(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-12(a)) is
amended by striking ``$30,000,000 for each of fiscal years 2008 through
2012'' and inserting ``$12,000,000 for each of fiscal years 2013
through 2017''.
(b) Termination of Authority.--Section 382N of such Act (7 U.S.C.
2009aa-13) is amended by striking ``2012'' and inserting ``2017''.
SEC. 6018. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 383N(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-12(a)) is
amended by striking ``$30,000,000 for each of fiscal years 2008 through
2012'' and inserting ``$2,000,000 for each of fiscal years 2013 through
2017''.
(b) Termination of Authority.--Section 383O of such Act (7 U.S.C.
2009bb-13) is amended by striking ``2012'' and inserting ``2017''.
SEC. 6019. RURAL BUSINESS INVESTMENT PROGRAM.
Section 384S of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009cc-18) is amended by striking ``$50,000,000 for the period
of fiscal years 2008 through 2012'' and inserting ``$20,000,000 for
each of fiscal years 2013 through 2017''.
Subtitle B--Rural Electrification Act of 1936
SEC. 6101. RELENDING FOR CERTAIN PURPOSES.
(a) In General.--The Rural Electrification Act of 1936 (7 U.S.C.
901 et seq.) is amended--
(1) in section 2(a), by inserting ``(including relending
for this purpose as provided in section 4)'' after
``efficiency'';
(2) in section 4(a), by inserting ``(including relending to
ultimate consumers for this purpose by borrowers enumerated in
the proviso in this section)'' after ``efficiency''; and
(3) in section 313(b)(2)(B)--
(A) by inserting ``(acting through the Rural
Utilities Service)'' after ``Secretary''; and
(B) by inserting ``energy efficiency (including
relending to ultimate consumers for this purpose),''
after ``promoting''.
(b) Current Authority.--The authority provided in this section is
in addition to any other relending authority of the Secretary under the
Rural Electrification Act of 1936 (7 U.S.C. 901 et. seq.) or any other
law.
(c) Administration.--The Secretary (acting through the Rural
Utilities Service) shall continue to carry out section 313 of the Rural
Electrification Act of 1936 (7 U.S.C. 940c) in the same manner as on
the day before enactment of this Act until such time as any regulations
necessary to carry out the amendments made by this section are fully
implemented.
SEC. 6102. FEES FOR CERTAIN LOAN GUARANTEES.
The Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) is
amended by inserting after section 4 the following:
``SEC. 5. FEES FOR CERTAIN LOAN GUARANTEES.
``(a) In General.--For electrification baseload generation loan
guarantees, the Secretary shall, at the request of the borrower, charge
an upfront fee to cover the costs of the loan guarantee.
``(b) Fee.--The fee described in subsection (a) for a loan
guarantee shall be equal to the costs of the loan guarantee (within the
meaning of section 502(5)(C) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5)(C))).
``(c) Limitation.--Funds received from a borrower to pay the fee
described in this section shall not be derived from a loan or other
debt obligation that is made or guaranteed by the Federal
Government.''.
SEC. 6103. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION OR
TELEPHONE PURPOSES.
Section 313A(f) of the Rural Electrification Act of 1936 (7 U.S.C.
940c-1(f)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 6104. EXPANSION OF 911 ACCESS.
Section 315(d) of the Rural Electrification Act of 1936 (7 U.S.C.
940e(d)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 6105. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL
AREAS.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb) is amended--
(1) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Priorities.--In making or guaranteeing loans under
paragraph (1), the Secretary shall give--
``(A) the highest priority to applicants that offer
to provide broadband service to the greatest proportion
of households that, prior to the provision of the
broadband service, had no incumbent service provider;
and
``(B) priority to applicants that offer in their
applications to provide broadband service not
predominantly for business service, but where at least
25 percent of customers in the proposed service
territory are commercial interests.'';
(2) in subsection (d)--
(A) in paragraph (5)--
(i) by striking ``and'' at the end of
subparagraph (B);
(ii) by striking the period at the end of
subparagraph (C) and inserting a semicolon; and
(iii) by adding at the end the following:
``(D) the amount and type of support requested; and
``(E) a list of the census block groups or tracts
proposed to be so served.''; and
(B) by adding at the end the following:
``(8) Additional process.--The Secretary shall establish a
process under which an incumbent service provider which, as of
the date of the publication of notice under paragraph (5) with
respect to an application submitted by the provider, is
providing broadband service to a remote rural area, may (but
shall not be required to) submit to the Secretary, not less
than 15 and not more than 30 days after that date, information
regarding the broadband services that the provider offers in
the proposed service territory, so that the Secretary may
assess whether the application meets the requirements of this
section with respect to eligible projects.'';
(3) in subsection (e), by adding at the end the following:
``(3) Requirement.--In considering the technology needs of
customers in a proposed service territory, the Secretary shall
take into consideration the upgrade or replacement cost for the
construction or acquisition of facilities and equipment in the
territory.''; and
(4) in each of subsections (k)(1) and (l), by striking
``2012'' and inserting ``2017''.
Subtitle C--Miscellaneous
SEC. 6201. DISTANCE LEARNING AND TELEMEDICINE.
(a) Authorization of Appropriations.--Section 2335A of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-5) is
amended by striking ``$100,000,000 for each of fiscal years 2008
through 2012'' and inserting ``$65,000,000 for each of fiscal years
2013 through 2017''.
(b) Conforming Amendment.--Section 1(b) of Public Law 102-551 (7
U.S.C. 950aaa note) is amended by striking ``2012'' and inserting
``2017''.
SEC. 6202. VALUE-ADDED AGRICULTURAL MARKET DEVELOPMENT PROGRAM GRANTS.
Section 231(b)(7) of the Agricultural Risk Protection Act of 2000
(7 U.S.C. 1632a(b)(7)) is amended--
(1) in subparagraph (A)--
(A) by striking ``2008'' and inserting ``2012'';
and
(B) by striking ``$15,000,000'' and inserting
``$50,000,000''; and
(2) in subparagraph (B), by striking ``2012'' and inserting
``2017''.
SEC. 6203. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
Section 6402(i) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1632b(i)) is amended by striking ``$6,000,000 for each
of fiscal years 2008 through 2012'' and inserting ``$1,000,000 for each
of fiscal years 2013 through 2017''.
SEC. 6204. PROGRAM METRICS.
(a) In General.--The Secretary of Agriculture shall collect data
regarding economic activities created through grants and loans,
including any technical assistance provided as a component of the grant
or loan program, and measure the short and long term viability of award
recipients and any entities to whom those recipients provide assistance
using award funds under section 231 of the Agricultural Risk Protection
Act of 2000 (7 U.S.C. 1621 note; Public Law 106-224), section 9007 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
section 313(b)(2) of the Rural Electrification Act of 1936 (7 U.S.C.
940c(b)(2)), or section 306(a)(11), 310B(c), 310B(e), 310B(g), 310H, or
379E, or subtitle E, of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)(11), 1932(c), 1932(e), 1932(g), 2008s, or 2009
through 2009m).
(b) Data.--The data collected under subsection (a) shall include
information collected from recipients both during the award period and
after the period as determined by the Secretary, but not less than 2
years after the award period ends.
(c) Report.--Not later than 4 years after the date of enactment of
this Act, and every 2 years thereafter, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report that contains the data described in subsection (a). The report
shall include detailed information regarding--
(1) actions taken by the Secretary to utilize the data;
(2) the number of jobs, including self-employment and the
value of salaries and wages;
(3) how the provision of funds from the grant or loan
involved affected the local economy;
(4) any benefit, such as an increase in revenue or customer
base; and
(5) such other information as the Secretary deems
appropriate.
SEC. 6205. STUDY OF RURAL TRANSPORTATION ISSUES.
(a) In General.--The Secretary of Agriculture and the Secretary of
Transportation shall publish an updated version of the study described
in section 6206 of the Food, Conservation, and Energy Act of 2008.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture and the Secretary
of Transportation shall submit to the Congress the updated version of
the study required by subsection (a).
SEC. 6206. AGRICULTURAL TRANSPORTATION POLICY.
The Secretary of Agriculture shall participate on behalf of the
interests of agriculture and rural America in all policy development
proceedings or other proceedings of the Surface Transportation Board
that may establish freight rail transportation policy affecting
agriculture and rural America.
SEC. 6207. CERTAIN FEDERAL ACTIONS NOT TO BE CONSIDERED MAJOR FOR
PURPOSES OF ENVIRONMENTAL REVIEW.
In the case of a loan, loan guarantee, or grant program in the
rural development mission area of the Department of Agriculture, an
action of the Secretary before, on, or after the date of enactment of
this Act that does not involve the provision by the Department of
Agriculture of Federal dollars or a Federal loan guarantee, including--
(1) the approval by the Department of Agriculture of the
decision of a borrower to commence a privately funded activity;
(2) a lien accommodation or subordination;
(3) a debt settlement or restructuring; or
(4) the restructuring of a business entity by a borrower,
shall not be considered a major Federal action.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 7101. OPTION TO NOT BE INCLUDED AS HISPANIC-SERVING AGRICULTURAL
COLLEGE OR UNIVERSITY.
Section 1404(10)(A) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(10)(A)) is
amended--
(1) in the matter preceding clause (i), by striking
``that'';
(2) in clause (i)--
(A) by inserting ``that'' before ``qualify''; and
(B) by striking ``and'' at the end;
(3) in clause (ii)--
(A) by inserting ``that'' before ``offer''; and
(B) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following new clause:
``(iii) with respect to which the Secretary
has not received a statement of the declaration
of the intent of a college or university to not
be considered a Hispanic-serving agricultural
college or university.''.
SEC. 7102. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND
ECONOMICS ADVISORY BOARD.
(a) Extension of Termination Date.--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 ``2012'' and inserting ``2017''.
(b) Duties of National Agricultural Research, Extension, Education,
and Economics Advisory Board.--Section 1408(c) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3123(c)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4)(C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) consult with industry groups on agricultural
research, extension, education, and economics, and make
recommendations to the Secretary based on that consultation.''.
SEC. 7103. SPECIALTY CROP COMMITTEE.
Section 1408A(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123a(c)) is amended--
(1) in paragraph (1), by striking ``Measures'' and
inserting ``Programs'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively; and
(4) in paragraph (2) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by
striking ``Programs that would'' and inserting
``Research, extension, and teaching programs designed
to improve competitiveness in the specialty crop
industry, including programs that would'';
(B) in subparagraph (D), by inserting ``including
improving the quality and taste of processed specialty
crops'' before the semicolon; and
(C) in subparagraph (G), by inserting ``the remote
sensing and the'' before ``mechanization''.
SEC. 7104. VETERINARY SERVICES GRANT PROGRAM.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1415A (7 U.S.C.
3151a) the following new section:
``SEC. 1415B. VETERINARY SERVICES GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Qualified entity.--The term `qualified entity'
means--
``(A) a for-profit or nonprofit entity located in
the United States that, or an individual who, operates
a veterinary clinic providing veterinary services--
``(i) in a rural area, as defined in
section 343(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1991(a)); and
``(ii) in a veterinarian shortage
situation;
``(B) a State, national, allied, or regional
veterinary organization or specialty board recognized
by the American Veterinary Medical Association;
``(C) a college or school of veterinary medicine
accredited by the American Veterinary Medical
Association;
``(D) a university research foundation or
veterinary medical foundation;
``(E) a department of veterinary science or
department of comparative medicine accredited by the
Department of Education;
``(F) a State agricultural experiment station; or
``(G) a State, local, or tribal government agency.
``(2) Veterinarian shortage situation.--The term
`veterinarian shortage situation' means a veterinarian shortage
situation as determined by the Secretary under section 1415A.
``(b) Establishment.--
``(1) Competitive grants.--The Secretary shall carry out a
program to make competitive grants to qualified entities that
carry out programs or activities described in paragraph (2) for
the purpose of developing, implementing, and sustaining
veterinary services.
``(2) Eligibility requirements.--A qualified entity shall
be eligible to receive a grant described in paragraph (1) if
the entity carries out programs or activities that the
Secretary determines will--
``(A) substantially relieve veterinarian shortage
situations;
``(B) support or facilitate private veterinary
practices engaged in public health activities; or
``(C) support or facilitate the practices of
veterinarians who are providing or have completed
providing services under an agreement entered into with
the Secretary under section 1415A(a)(2).
``(c) Award Processes and Preferences.--
``(1) Application, evaluation, and input processes.--In
administering the grant program established under this section,
the Secretary shall--
``(A) use an appropriate application and evaluation
process, as determined by the Secretary; and
``(B) seek the input of interested persons.
``(2) Coordination preference.--In selecting recipients of
grants to be used for any of the purposes described in
subsection (d)(1), the Secretary shall give a preference to
qualified entities that provide documentation of coordination
with other qualified entities, with respect to any such
purpose.
``(3) Consideration of available funds.--In selecting
recipients of grants to be used for any of the purposes
described in subsection (d), the Secretary shall take into
consideration the amount of funds available for grants and the
purposes for which the grant funds will be used.
``(4) Nature of grants.--A grant awarded under this section
shall be considered to be a competitive research, extension, or
education grant.
``(d) Use of Grants to Relieve Veterinarian Shortage Situations and
Support Veterinary Services.--
``(1) In general.--Except as provided in paragraph (2), a
qualified entity may use funds provided by a grant awarded
under this section to relieve veterinarian shortage situations
and support veterinary services for any of the following
purposes:
``(A) To promote recruitment (including for
programs in secondary schools), placement, and
retention of veterinarians, veterinary technicians,
students of veterinary medicine, and students of
veterinary technology.
``(B) To allow veterinary students, veterinary
interns, externs, fellows, and residents, and
veterinary technician students to cover expenses (other
than the types of expenses described in section
1415A(c)(5)) to attend training programs in food safety
or food animal medicine.
``(C) To establish or expand accredited veterinary
education programs (including faculty recruitment and
retention), veterinary residency and fellowship
programs, or veterinary internship and externship
programs carried out in coordination with accredited
colleges of veterinary medicine.
``(D) To provide continuing education and
extension, including veterinary telemedicine and other
distance-based education, for veterinarians, veterinary
technicians, and other health professionals needed to
strengthen veterinary programs and enhance food safety.
``(E) To provide technical assistance for the
preparation of applications submitted to the Secretary
for designation as a veterinarian shortage situation
under this section or section 1415A.
``(2) Qualified entities operating veterinary clinics.--A
qualified entity described in subsection (a)(1)(A) may only use
funds provided by a grant awarded under this section to
establish or expand veterinary practices, including--
``(A) equipping veterinary offices;
``(B) sharing in the reasonable overhead costs of
such veterinary practices, as determined by the
Secretary; or
``(C) establishing mobile veterinary facilities in
which a portion of the facilities will address
education or extension needs.
``(e) Special Requirements for Certain Grants.--
``(1) Terms of service requirements.--
``(A) In general.--Funds provided through a grant
made under this section to a qualified entity described
in subsection (a)(1)(A) and used by such entity under
subsection (d)(2) shall be subject to an agreement
between the Secretary and such entity that includes a
required term of service for such entity (including a
qualified entity operating as an individual), as
prospectively established by the Secretary.
``(B) Considerations.--In establishing a term of
service under subparagraph (A), the Secretary shall
consider only--
``(i) the amount of the grant awarded; and
``(ii) the specific purpose of the grant.
``(2) Breach remedies.--
``(A) In general.--An agreement under paragraph (1)
shall provide remedies for any breach of the agreement
by the qualified entity referred to in paragraph
(1)(A), including repayment or partial repayment of the
grant funds, with interest.
``(B) Waiver.--The Secretary may grant a waiver of
the repayment obligation for breach of contract if the
Secretary determines that such qualified entity
demonstrates extreme hardship or extreme need.
``(C) Treatment of amounts recovered.--Funds
recovered under this paragraph shall--
``(i) be credited to the account available
to carry out this section; and
``(ii) remain available until expended
without further appropriation.
``(f) Prohibition on Use of Grant Funds for Construction.--Except
as provided in subsection (d)(2), funds made available for grants under
this section may not be used--
``(1) to construct a new building or facility; or
``(2) to acquire, expand, remodel, or alter an existing
building or facility, including site grading and improvement
and architect fees.
``(g) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall promulgate regulations
to carry out this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
fiscal year 2013 and each fiscal year thereafter, to remain available
until expended.''.
SEC. 7105. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURE SCIENCES
EDUCATION.
Section 1417(m) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3152(m)) is amended by
striking ``section $60,000,000'' and all that follows and inserting the
following: ``section--
``(1) $60,000,000 for each of fiscal years 1990 through
2012; and
``(2) $40,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7106. POLICY RESEARCH CENTERS.
Section 1419A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3155) is amended--
(1) in the section heading, by inserting ``agricultural and
food'' before ``policy'';
(2) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``Secretary may'' and inserting
``Secretary shall, acting through the Office of the
Chief Economist,'';
(B) by striking ``make grants, competitive grants,
and special research grants to, and enter into
cooperative agreements and other contracting
instruments with,'' and inserting ``make competitive
grants to or enter into cooperative agreements with'';
and
(C) by inserting ``with a history of providing
unbiased, nonpartisan economic analysis to Congress''
after ``subsection (b)'';
(3) in subsection (b), by striking ``other research
institutions'' and all that follows through ``shall be
eligible'' and inserting ``and other public research
institutions and organizations shall be eligible'';
(4) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(5) by inserting after subsection (b), the following new
subsection:
``(c) Preference.--In awarding grants under this section, the
Secretary shall give a preference to policy research centers that have
extensive databases, models, and demonstrated experience in providing
Congress with agricultural market projections, rural development
analysis, agricultural policy analysis, and baseline projections at the
farm, multiregional, national, and international levels.''; and
(6) by striking subsection (e) (as redesignated by
paragraph (4)) and inserting the following new subsection:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for each of fiscal years
1996 through 2012; and
``(2) $5,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7107. REPEAL OF HUMAN NUTRITION INTERVENTION AND HEALTH PROMOTION
RESEARCH PROGRAM.
Section 1424 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3174) is repealed.
SEC. 7108. REPEAL OF PILOT RESEARCH PROGRAM TO COMBINE MEDICAL AND
AGRICULTURAL RESEARCH.
Section 1424A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3174a) is repealed.
SEC. 7109. NUTRITION EDUCATION PROGRAM.
Section 1425(f) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3175(f)) is amended by
striking ``2012'' and inserting ``2017''.
SEC. 7110. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH PROGRAMS.
Section 1433 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3195) is amended by striking the
section designation and heading and all that follows through subsection
(a) and inserting the following:
``SEC. 1433. APPROPRIATIONS FOR CONTINUING ANIMAL HEALTH AND DISEASE
RESEARCH PROGRAMS.
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to support continuing animal health and disease research
programs at eligible institutions--
``(A) $25,000,000 for each of fiscal years 1991
through 2012; and
``(B) $15,000,000 for each of fiscal years 2013
through 2017.
``(2) Use of funds.--Funds made available under this
section shall be used--
``(A) to meet the expenses of conducting animal
health and disease research, publishing and
disseminating the results of such research, and
contributing to the retirement of employees subject to
the Act of March 4, 1940 (7 U.S.C. 331);
``(B) for administrative planning and direction;
and
``(C) to purchase equipment and supplies necessary
for conducting the research described in subparagraph
(A).''.
SEC. 7111. REPEAL OF APPROPRIATIONS FOR RESEARCH ON NATIONAL OR
REGIONAL PROBLEMS.
(a) Repeal.--Section 1434 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3196) is repealed.
(b) Conforming Amendments.--
(1) Matching funds.--Section 1438 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3200) is amended in the first sentence by
striking ``, exclusive of the funds provided for research on
specific national or regional animal health and disease
problems under the provisions of section 1434 of this title,''.
(2) Authorization of appropriations for existing and
certain new agricultural research programs.--Section 1463(c) of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3311(c)) is amended by striking
``sections 1433 and 1434'' and inserting ``section 1433''.
SEC. 7112. 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 ``2012'' and inserting ``2017''.
SEC. 7113. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCE FACILITIES
AND EQUIPMENT AT INSULAR AREA LAND-GRANT INSTITUTIONS.
(a) Supporting Tropical and Subtropical Agricultural Research.--
(1) In general.--Section 1447B(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3222b-2(a)) is amended to read as follows:
``(a) Purpose.--It is the intent of Congress to assist the land-
grant colleges and universities in the insular areas in efforts to--
``(1) acquire, alter, or repair facilities or relevant
equipment necessary for conducting agricultural research; and
``(2) support tropical and subtropical agricultural
research, including pest and disease research.''.
(2) Conforming amendment.--Section 1447B of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3222b-2) is amended in the heading--
(A) by inserting ``and support tropical and
subtropical agricultural research'' after
``equipment''; and
(B) by striking ``institutions'' and inserting
``colleges and universities''.
(b) Extension.--Section 1447B(d) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b-
2(d)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 7114. REPEAL OF NATIONAL RESEARCH AND TRAINING VIRTUAL CENTERS.
Section 1448 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222c) is repealed.
SEC. 7115. 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 ``2012'' and inserting ``2017''.
SEC. 7116. 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 to read
as follows:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for each of fiscal years
1999 through 2012; and
``(2) $5,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7117. REPEAL OF RESEARCH EQUIPMENT GRANTS.
Section 1462A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310a) is repealed.
SEC. 7118. UNIVERSITY RESEARCH.
Section 1463 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended in both of
subsections (a) and (b) by striking ``2012'' and inserting ``2017''.
SEC. 7119. 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
``2012'' and inserting ``2017''.
SEC. 7120. AUDITING, REPORTING, BOOKKEEPING, AND ADMINISTRATIVE
REQUIREMENTS.
Section 1469 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3315) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by adding ``and'' at the end;
(B) by striking paragraph (3); and
(C) by redesignating paragraph (4) as paragraph
(3);
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Administrative Expenses.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, the Secretary may
retain not more than 4 percent of amounts made available for
agricultural research, extension, and teaching assistance
programs for the administration of those programs authorized
under this Act or any other Act.
``(2) Exceptions.--The limitation on administrative
expenses under paragraph (1) shall not apply to peer panel
expenses under subsection (d) or any other provision of law
related to the administration of agricultural research,
extension, and teaching assistance programs that contains a
limitation on administrative expenses that is less than the
limitation under paragraph (1).''.
SEC. 7121. SUPPLEMENTAL AND ALTERNATIVE CROPS.
(a) Authorization of Appropriations and Termination.--Section 1473D
of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3319d) is amended--
(1) in subsection (a), by striking ``2012'' and inserting
``2017''; and
(2) by adding at the end the following new subsection:
``(e) There are authorized to be appropriated to carry out this
section--
``(1) such sums as are necessary for fiscal year 2012; and
``(2) $1,000,000 for each of fiscal years 2013 through
2017.''.
(b) Competitive Grants.--Section 1473D(c)(1) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3319d(c)(1)) is amended by striking ``use such research funding,
special or competitive grants, or other means, as the Secretary
determines,'' and inserting ``make competitive grants''.
SEC. 7122. CAPACITY BUILDING GRANTS FOR NLGCA INSTITUTIONS.
Section 1473F(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3319i(b)) is amended by
striking ``2012'' and inserting ``2017''.
SEC. 7123. AQUACULTURE ASSISTANCE PROGRAMS.
(a) Competitive Grants.--Section 1475(b) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3322(b)) is amended in the matter preceding paragraph (1), by
inserting ``competitive'' before ``grants''.
(b) Authorization of Appropriations.--Section 1477 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3324) is amended to read as follows:
``SEC. 1477. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this subtitle--
``(1) $7,500,000 for each of fiscal years 1991 through
2012; and
``(2) $5,000,000 for each of fiscal years 2013 through
2017.
``(b) Prohibition on Use.--Funds made available under this section
may not be used to acquire or construct a building.''.
SEC. 7124. RANGELAND RESEARCH PROGRAMS.
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 ``subtitle'' and all that follows and inserting the following:
``subtitle--
``(1) $10,000,000 for each of fiscal years 1991 through
2012; and
``(2) $2,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7125. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND RESPONSE.
Section 1484(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3351(a)) is amended by
striking ``response such sums as are necessary'' and all that follows
and inserting the following: ``response--
``(1) such sums as are necessary for each of fiscal years
2002 through 2012; and
``(2) $10,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7126. DISTANCE EDUCATION AND RESIDENT INSTRUCTION GRANTS PROGRAM
FOR INSULAR AREA INSTITUTIONS OF HIGHER EDUCATION.
(a) Distance Education Grants for Insular Areas.--
(1) Competitive grants.--Section 1490(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3362(a)) is amended by striking ``or
noncompetitive''.
(2) Authorization of appropriations.--Section 1490(f) of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3362(f)) is amended by striking
``section'' and all that follows and inserting the following:
``section--
``(1) such sums as are necessary for each of fiscal years
2002 through 2012; and
``(2) $2,000,000 for each of fiscal years 2013 through
2017.''.
(b) Resident Instruction Grants for Insular Areas.--Section 1491(c)
of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3363(c)) is amended by striking ``such sums as
are necessary'' and all that follows and inserting the following: ``to
carry out this section--
``(1) such sums as are necessary for each of fiscal years
2002 through 2012; and
``(2) $2,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7127. MATCHING FUNDS REQUIREMENT.
(a) In General.--The National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.) is amended by
adding at the end the following new subtitle:
``Subtitle P--General Provisions
``SEC. 1492. MATCHING FUNDS REQUIREMENT.
``(a) Matching Funds Requirement.--The recipient of a competitive
grant that is awarded by the Secretary under a covered law and that
involves applied research or extension that is commodity-specific or
State-specific shall provide funds, in-kind contributions, or a
combination of both, from sources other than funds provided through
such grant in an amount at least equal to the amount of such grant.
``(b) Waiver Authority.--The Secretary may waive the matching funds
requirement under subsection (a) with respect to a competitive grant
that involves applied research or extension that the National
Agricultural Research, Extension, Education, and Economics Advisory
Board has determined is a national priority under section 1408(c).
``(c) Definitions.--In this section:
``(1) Applied research.--The term `applied research' has
the meaning given such term in section 251(f)(1)(B) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6971(f)(1)(B)).
``(2) Covered law.--The term `covered law' means each of
the following provisions of law:
``(A) This title.
``(B) Title XVI of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5801 et
seq.).
``(C) The Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7601 et seq.).
``(D) Section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f).
``(E) Part III of subtitle E of title VII of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C.
3202 et seq.).
``(F) The Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i).''.
(b) Conforming Amendment.--Paragraph (9) of section 2(b) of the
Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)) is amended--
(1) by striking subparagraph (B);
(2) in the heading, by inserting ``for equipment grants''
after ``funds'';
(3) by striking ``(A) Equipment grants.--''; and
(4) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and moving the margins of such
subparagraphs two ems to the left.
(c) Application to Amendments.--
(1) New grants.--Section 1492 of the National Agricultural,
Research, Extension, and Teaching Policy Act of 1977, as added
by subsection (a), shall apply with respect to grants described
in such section awarded after October 1, 2012, unless the
provision of a covered law under which such grants are awarded
specifically exempts such grants from the matching funds
requirement under such section.
(2) Existing grants.--A matching funds requirement in
effect on or before October 1, 2012, under a covered law shall
continue to apply to a grant awarded under such provision of
law on or before that date.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICATIONS.
Section 1624 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5814) is amended in the first sentence--
(1) by striking ``$40,000,000 for each fiscal year''; and
(2) by inserting ``$40,000,000 for each of fiscal years
2012 through 2017'' after ``chapter''.
SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS.
Section 1627(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5821(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section through the National Institute
of Food and Agriculture $20,000,000 for each of fiscal years 2012
through 2017.''.
SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT AND TRANSFER
PROGRAM.
Section 1628(f) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5831(f)) is amended to read as follows:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for fiscal year 2012; and
``(2) $5,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7204. NATIONAL TRAINING PROGRAM.
Section 1629(i) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5832(i)) is amended to read as follows:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the National Training Program $20,000,000 for
each of fiscal years 2012 through 2017.''.
SEC. 7205. 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--
(1) by striking ``such funds as may be necessary''; and
(2) by striking ``subtitle'' and all that follows and
inserting the following: ``subtitle--
``(1) such sums as are necessary for each of fiscal years
1991 through 2012; and
``(2) $1,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7206. REPEAL OF NATIONAL AGRICULTURAL WEATHER INFORMATION SYSTEM.
Subtitle D of title XVI of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5851 et seq.) is repealed.
SEC. 7207. REPEAL OF RURAL ELECTRONIC COMMERCE EXTENSION PROGRAM.
Section 1670 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5923) is repealed.
SEC. 7208. REPEAL OF AGRICULTURAL GENOME INITIATIVE.
Section 1671 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5924) is repealed.
SEC. 7209. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925) is amended--
(1) in the first sentence of subsection (a), by striking
``subsections (e) through (i)'' and inserting ``subsections (e)
through (g)'';
(2) in subsection (b)(2), in the first sentence, by
striking ``subsections (e) through (i)'' and inserting
``subsections (e) through (g)'';
(3) in subsection (c)(2)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) the project involves a pest that has been
designated as a pest of public health significance by
the Environmental Protection Agency and the Centers for
Disease Control and Prevention, as described in section
2(nn) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136(nn)).'';
(4) by striking subsections (e), (f), and (i);
(5) by redesignating subsections (g), (h), and (j) as
subsections (e), (f), and (h), respectively;
(6) in subsection (e) (as redesignated by paragraph (5))--
(A) in the heading, by inserting ``, Bed Bugs, and
Other Pests'' after ``termite''; and
(B) by inserting ``, bed bugs, and other pests,
including pests that the Secretary determines are a
risk to public health'' after ``termites'' each place
it appears in paragraphs (1), (2)(A), and (3);
(7) in subsection (f) (as redesignated by paragraph (5))--
(A) by striking ``2012'' each place it appears in
paragraphs (1)(B), (2)(B), and (3) and inserting
``2017''; and
(B) in paragraph (4)--
(i) in subparagraph (A), by inserting ``and
honey bee health disorders'' after
``collapse''; and
(ii) in subparagraph (B), by inserting ``,
including best management practices'' after
``strategies'';
(8) by inserting after subsection (f) (as redesignated by
paragraph (5)), the following new subsection:
``(g) Bed Bug Control.--
``(1) Authorization and use of grants.--The Secretary, in
consultation with a task force appointed under subsection
(b)(2), shall award grants under this subsection for purposes
of--
``(A) developing more efficacious methods of
detecting, preventing, and managing bed bugs; and
``(B) conducting basic and applied bed bug biology
research.
``(2) Grants.--
``(A) Requests for proposals.--The Secretary shall,
not later than 180 days after the date of the enactment
of this subsection and in consultation with the task
force, publish a request for openly competitive grant
proposals for research projects for the purposes
described in paragraph (1).
``(B) Award of grants.--Not later than 180 days
after the date of such publication, the Secretary
shall--
``(i) evaluate the grant proposals referred
to in subparagraph (A) in consultation with the
task force; and
``(ii) award grants to entities that
submitted grant proposals for research projects
the Secretary determines are meritorious for
the purposes described in paragraph (1).
``(C) Notification requirement.--The Secretary
shall notify the task force of any award made under
subparagraph (B) not later than 30 days after awarding
such grant.
``(3) Consultation and coordination.--To expedite the
approval or registration under section 3, section 18, or
section 24 of the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. 136a, 136p, and 136v) of the methods
identified or discovered through research projects funded under
this subsection, the Secretary shall consult and coordinate
with the Administrator of the Environmental Protection Agency
regarding--
``(A) the awarding of grants under this subsection;
and
``(B) the evaluation of the results of such
research projects.''; and
(9) in subsection (h) (as redesignated by paragraph (5)),
by striking ``2012'' and inserting ``2017''.
SEC. 7210. REPEAL OF NUTRIENT MANAGEMENT RESEARCH AND EXTENSION
INITIATIVE.
Section 1672A of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925a) is repealed.
SEC. 7211. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
Section 1672B of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925b) is amended--
(1) by striking subsection (e) and inserting the following
new subsection:
``(e) Farm Business Management Encouraged.--Following the
completion of a peer review process for grant proposals received under
this section, the Secretary shall provide a priority to grant proposals
found in the review process to be scientifically meritorious using the
same criteria the Secretary uses to give priority to grants under
section 1672D(b).''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(C) $16,000,000 for each of fiscal years 2013
through 2017.''; and
(B) in paragraph (2), by striking ``2012'' and
inserting ``2017''.
SEC. 7212. REPEAL OF AGRICULTURAL BIOENERGY FEEDSTOCK AND ENERGY
EFFICIENCY RESEARCH AND EXTENSION INITIATIVE.
(a) Repeal.--Section 1672C of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5925e) is repealed.
(b) Conforming Amendment.--Section 251(f)(1)(D) of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) is
amended--
(1) by striking clause (xi); and
(2) by redesignating clauses (xii) and (xiii) as clauses
(xi) and (xii), respectively.
SEC. 7213. FARM BUSINESS MANAGEMENT.
Section 16f72D(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925f(d)) is amended by striking ``such sums as
are necessary to carry out this section.'' and inserting the following:
``to carry out this section--
``(1) such sums as are necessary for fiscal year 2012; and
``(2) $5,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7214. REGIONAL CENTERS OF EXCELLENCE.
The Food, Agriculture, Conservation, and Trade Act of 1990 is
amended by inserting after section 1672D (7 U.S.C. 5925f) the following
new section:
``SEC. 1673. REGIONAL CENTERS OF EXCELLENCE.
``(a) Funding Priorities.--The Secretary shall prioritize regional
centers of excellence established for specific agricultural commodities
for the receipt of funding for any competitive research or extension
program administered by the Secretary.
``(b) Composition.--A regional center of excellence is composed of
1 or more of the eligible entities specified in section 2(b)(7) of the
Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)(7)).
``(c) Criteria for Regional Centers of Excellence.--The criteria
for consideration to be recognized as a regional center of excellence
shall include efforts--
``(1) to ensure coordination and cost effectiveness by
reducing unnecessarily duplicative efforts regarding research,
teaching, and extension;
``(2) to leverage available resources by using public/
private partnerships among agricultural industry groups,
institutions of higher education, and the Federal Government;
``(3) to implement teaching initiatives to increase
awareness and effectively disseminate solutions to target
audiences through extension activities;
``(4) to increase the economic returns to rural communities
by identifying, attracting, and directing funds to high-
priority agricultural issues; and
``(5) to improve teaching capacity and infrastructure at
colleges and universities (including land-grant institutions,
schools of forestry, schools of veterinary medicine, and NLGCA
Institutions).''.
SEC. 7215. REPEAL OF RED MEAT SAFETY RESEARCH CENTER.
Section 1676 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5929) is repealed.
SEC. 7216. 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--
(1) by striking ``is'' and inserting ``are''; and
(2) by striking ``section'' and all that follows and
inserting the following: ``section--
``(A) $6,000,000 for each of fiscal years 1999
through 2012; and
``(B) $3,000,000 for each of fiscal years 2013
through 2017.''.
SEC. 7217. 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 ``2012'' and
inserting ``2017''.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
SEC. 7301. RELEVANCE AND MERIT OF AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION FUNDED BY THE DEPARTMENT.
Section 103(a)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7613(a)(2)) is amended--
(1) in the heading by striking ``Merit review of
extension'' and inserting ``Relevance and merit review of
research, extension,'';
(2) in subparagraph (A)--
(A) by inserting ``relevance and'' before
``merit''; and
(B) by striking ``extension or education'' and
inserting ``research, extension, or education''; and
(3) in subparagraph (B), by inserting ``on a continuous
basis'' after ``procedures''.
SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION COMPETITIVE
GRANTS PROGRAM.
Section 406(f) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626(f)) is amended by striking
``2012'' and inserting ``2017''.
SEC. 7303. REPEAL OF COORDINATED PROGRAM OF RESEARCH, EXTENSION, AND
EDUCATION TO IMPROVE VIABILITY OF SMALL AND MEDIUM SIZE
DAIRY, LIVESTOCK, AND POULTRY OPERATIONS.
(a) Repeal.--Section 407 of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7627) is repealed.
(b) Conforming Amendment.--Section 251(f)(1)(D) of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)), as
amended by section 7212(b), is further amended--
(1) by striking clause (xi) (as redesignated by section
7212(b)); and
(2) by redesignating clause (xii) (as redesignated by
section 7212(b)) as clause (xi).
SEC. 7304. REPEAL OF BOVINE JOHNE'S DISEASE CONTROL PROGRAM.
Section 409 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7629) is repealed.
SEC. 7305. GRANTS FOR YOUTH ORGANIZATIONS.
Section 410(d) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7630(d)) is amended by striking
``section such sums as are necessary'' and all that follows and
inserting the following: ``section--
``(1) such sums as are necessary for each of fiscal years
2008 through 2012; and
``(2) $3,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7306. SPECIALTY CROP RESEARCH INITIATIVE.
Section 412 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7632) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and genomics''
and inserting ``genomics, and other methods''; and
(B) in paragraph (3), by inserting ``handling and
processing,'' after ``production efficiency,'';
(2) by striking subsection (d) and inserting the following
new subsection:
``(d) Research Projects.--In carrying out this section, the
Secretary shall award competitive grants on the basis of--
``(1) an initial scientific peer review conducted by a
panel of subject matter experts from Federal agencies, non-
Federal entities, and the specialty crop industry; and
``(2) a final funding determination made by the Secretary
based on a review and ranking for merit, relevance, and impact
conducted by a panel of specialty crop industry representatives
for the specific specialty crop.''; and
(3) in subsection (h)--
(A) in paragraph (1)--
(i) by striking ``(1) In general.--Of the
funds'' and inserting the following:
``(1) Mandatory funding.--
``(A) In general.--Of the funds''; and
(ii) by adding at the end the following new
subparagraph:
``(B) Subsequent funding.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out this section--
``(i) $25,000,000 for fiscal year 2013;
``(ii) $30,000,000 for each of fiscal years
2014 and 2015;
``(iii) $65,000,000 for fiscal year 2016;
and
``(iv) $50,000,000 for fiscal year 2017 and
each fiscal year thereafter.''; and
(B) in paragraph (2), by striking ``2012'' and
inserting ``2017''.
SEC. 7307. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.
Section 604(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by striking
``2012'' and inserting ``2017''.
SEC. 7308. REPEAL OF NATIONAL SWINE RESEARCH CENTER.
Section 612 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (Public Law 105-185; 112 Stat. 605) is repealed.
SEC. 7309. 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--
(1) by striking ``such sums as are necessary''; and
(2) by striking ``section'' and all that follows and
inserting the following: ``section--
``(1) such sums as are necessary for each of fiscal years
1999 through 2012; and
``(2) $3,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7310. REPEAL OF STUDIES OF AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION.
Subtitle C of title VI of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7671 et seq.) is repealed.
Subtitle D--Other Laws
SEC. 7401. CRITICAL AGRICULTURAL MATERIALS ACT.
Section 16(a) of the Critical Agricultural Materials Act (7 U.S.C.
178n(a)) is amended--
(1) by striking ``such sums as are necessary''; and
(2) by striking ``Act'' and all that follows and inserting
the following: ``Act--
``(1) such sums as are necessary for each of fiscal years
1991 through 2012; and
``(2) $2,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7402. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
(a) Definition of 1994 Institutions.--Section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended--
(1) in paragraph (8), by striking ``Memorial'';
(2) in paragraph (26), by striking ``Community'';
(3) by striking paragraphs (5), (10), and (27);
(4) by redesignating paragraphs (1), (2), (3), (4), (6),
(7), (8), (9), (11), (12), (13), (14), (15), (16), (17), (18),
(19), (20), (21), (22), (23), (24), (25), (26), (28), (29),
(30), (31), (32), (33), and (34) as paragraphs (2), (3), (4),
(8), (9), (10), (5), (11), (12), (13), (14), (16), (18), (19),
(20), (21), (23), (24), (25), (26), (33), (27), (28), (29),
(30), (31), (32), (34), (35), (36), and (15) respectively, and
transferring the paragraphs so as to appear in numerical order;
(5) by inserting before paragraph (2) (as so redesignated),
the following new paragraph:
``(1) Aaniih Nakoda College.'';
(6) by inserting after paragraph (5) (as so redesignated),
the following new paragraphs:
``(6) College of the Muscogee Nation.
``(7) Comanche Nation College.'';
(7) by inserting after paragraph (16) (as so redesignated)
the following new paragraph:
``(17) Keweenaw Bay Ojibwa Community College.''; and
(8) by inserting after paragraph (21) (as so redesignated)
the following new paragraph:
``(22) Navajo Technical College.''.
(b) Endowment for 1994 Institutions.--Section 533(b) of the Equity
in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended in the first sentence by striking ``2012'' and
inserting ``2017''.
(c) Institutional Capacity Building Grants.--Section 535 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382) is amended by striking ``2012'' each place it
appears in subsections (b)(1) and (c) and inserting ``2017''.
(d) Research Grants.--
(1) Authorization of appropriations.--Section 536(c) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382) is amended in the first sentence
by striking ``2012'' and inserting ``2017''.
(2) Research grant requirements.--Section 536(b) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382) is amended by striking ``with at
least 1 other land-grant college or university'' and all that
follows and inserting the following: ``with--
``(1) the Agricultural Research Service of the Department
of Agriculture; or
``(2) at least 1--
``(A) other land-grant college or university
(exclusive of another 1994 Institution);
``(B) non-land-grant college of agriculture (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)); or
``(C) cooperating forestry school (as defined in
that section).''.
SEC. 7403. RESEARCH FACILITIES ACT.
Section 6(a) of the Research Facilities Act (7 U.S.C. 390d(a)) is
amended by striking ``2012'' and inserting ``2017''.
SEC. 7404. REPEAL OF CARBON CYCLE RESEARCH.
Section 221 of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 6711) is repealed.
SEC. 7405. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANT ACT.
(a) Extension.--Section 2(b)(11)(A) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 450i(b)(11)(A)) is amended
in the matter preceding clause (i) by striking ``2012'' and inserting
``2017''.
(b) Priority Areas.--Section 2(b)(2) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 450i(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(viii) plant-based foods that are major
sources of nutrients of concern (as determined
by the Secretary).'';
(2) in subparagraph (B)--
(A) in clause (vii), by striking ``and'' at the
end;
(B) in clause (viii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(ix) the research and development of
surveillance methods, vaccines, vaccination
delivery systems, or diagnostic tests for
zoonotic diseases in wildlife reservoirs
presenting a potential concern to public health
or domestic livestock; and
``(x) the identification of animal drug
needs and the generation and dissemination of
data for safe and effective therapeutic
applications of animal drugs for minor species
and minor uses of such drugs in major
species.'';
(3) in subparagraph (C)--
(A) in clause (ii), by inserting before the
semicolon ``, including the effects of plant-based
foods that are major sources of nutrients of concern on
diet and health'';
(B) in clause (iii), by inserting before the
semicolon ``, including plant-based foods that are
major sources of nutrients of concern'';
(C) in clause (iv), by inserting before the
semicolon ``, including postharvest practices conducted
with respect to plant-based foods that are major
sources of nutrients of concern''; and
(D) in clause (v), by inserting before the period
``, including improving the functionality of plant-
based foods that are major sources of nutrients of
concern'';
(4) in subparagraph (D)--
(A) by redesignating clauses (iv), (v), and (vi) as
clauses (v), (vi), and (vii), respectively; and
(B) by inserting after clause (iii) the following
new clause:
``(iv) the effectiveness of conservation
practices and technologies designed to address
nutrient losses and improve water quality;'';
and
(5) in subparagraph (F)--
(A) in the matter preceding clause (i), by
inserting ``economics,'' after ``trade,'';
(B) by redesignating clauses (v) and (vi) as
clauses (vi) and (vii), respectively; and
(C) by inserting after clause (iv) the following
new clause:
``(v) the economic costs, benefits, and
viability of producers adopting conservation
practices and technologies designed to improve
water quality;''.
(c) General Administration.--Section 2(b)(4) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(4)) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) establish procedures under which a commodity
board established under a commodity promotion law (as
such term is defined under section 501(a) of the
Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7401(a))) or a State commodity board (or
other equivalent State entity) may directly submit to
the Secretary proposals for requests for applications
to specifically address particular issues related to
the priority areas specified in paragraph (2).''.
(d) Special Considerations.--Section 2(b)(6) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(6)) is
amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) to eligible entities to carry out the
specific research proposals submitted under procedures
established under paragraph (4)(F).''.
(e) Inter-Regional Research Project Number 4.--Section 2(e) of the
Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(e)) is amended--
(1) in paragraph (1)(A), by striking ``minor use
pesticides'' and inserting ``pesticides for minor agricultural
use and for use on specialty crops (as defined in section 3 of
the Specialty Crop Competitiveness Act of 2004 (7 U.S.C. 1621
note)''; and
(2) in paragraph (4)--
(A) in subparagraph (A), by inserting ``and for use
on specialty crops'' after ``minor agricultural use'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as
subparagraph (G); and
(D) by inserting after subparagraph (B) the
following new subparagraphs:
``(C) prioritize potential pest management
technology for minor agricultural use and for use on
specialty crops;
``(D) conduct research to develop the data
necessary to facilitate pesticide registrations,
reregistrations, and associated tolerances;
``(E) assist in removing trade barriers caused by
residues of pesticides registered for minor
agricultural use and for use on domestically grown
specialty crops;
``(F) assist in the registration and reregistration
of pest management technologies for minor agricultural
use and for use on specialty crops; and''.
(f) Emphasis on Sustainable Agriculture.--Section 2 of the
Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i)
is amended by striking subsection (k).
SEC. 7406. RENEWABLE RESOURCES EXTENSION ACT OF 1978.
(a) Authorization of Appropriations.--Section 6 of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1675) is amended in the
first sentence by striking ``2012'' and inserting ``2017''.
(b) Termination Date.--Section 8 of the Renewable Resources
Extension Act of 1978 (16 U.S.C. 1671 note; Public Law 95-306) is
amended by striking ``2012'' and inserting ``2017''.
SEC. 7407. NATIONAL AQUACULTURE ACT OF 1980.
Section 10 of the National Aquaculture Act of 1980 (16 U.S.C. 2809)
is amended by striking ``2012'' each place it appears and inserting
``2017''.
SEC. 7408. REPEAL OF USE OF REMOTE SENSING DATA.
Section 892 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 5935) is repealed.
SEC. 7409. REPEAL OF REPORTS UNDER FARM SECURITY AND RURAL INVESTMENT
ACT OF 2002.
(a) Repeal of Report on Producers and Handlers for Organic
Products.--Section 7409 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 5925b note; Public Law 107-171) is repealed.
(b) Repeal of Report on Genetically Modified Pest-protected
Plants.--Section 7410 of the Farm Security and Rural Investment Act of
2002 (Public Law 107-171; 116 Stat. 462) is repealed.
(c) Repeal of Study on Nutrient Banking.--Section 7411 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 5925a note; Public
Law 107-171) is repealed.
SEC. 7410. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM.
Section 7405 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3319f) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking subparagraphs (A)
through (R) and inserting the following new
subparagraphs:
``(A) basic livestock, forest management, and crop
farming practices;
``(B) innovative farm, ranch, and private,
nonindustrial forest land transfer strategies;
``(C) entrepreneurship and business training;
``(D) financial and risk management training
(including the acquisition and management of
agricultural credit);
``(E) natural resource management and planning;
``(F) diversification and marketing strategies;
``(G) curriculum development;
``(H) mentoring, apprenticeships, and internships;
``(I) resources and referral;
``(J) farm financial benchmarking;
``(K) assisting beginning farmers or ranchers in
acquiring land from retiring farmers and ranchers;
``(L) agricultural rehabilitation and vocational
training for veterans; and
``(M) other similar subject areas of use to
beginning farmers or ranchers.'';
(B) in paragraph (7), by striking ``and community-
based organizations'' and inserting ``, community-based
organizations, and school-based agricultural
educational organizations'';
(C) by striking paragraph (8) and inserting the
following new paragraph:
``(8) Military veteran beginning farmers and ranchers.--
``(A) In general.--Not less than 5 percent of the
funds used to carry out this subsection for a fiscal
year shall be used to support programs and services
that address the needs of military veteran beginning
farmers and ranchers.
``(B) Coordination permitted.--A recipient of a
grant under this section using the grant as described
in subparagraph (A) may coordinate with a recipient of
a grant under section 1680 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5933) in
addressing the needs of military veteran beginning
farmers and ranchers with disabilities.''; and
(D) by adding at the end the following new
paragraph:
``(11) Limitation on indirect costs.--A recipient of a
grant under this section may not use more than 10 percent of
the funds provided by the grant for the indirect costs of
carrying out the initiatives described in paragraph (1).'';
(2) in subsection (h)(1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) $10,000,000 for each of fiscal years 2013
through 2017, to remain available until expended.'';
and
(3) in subsection (h)(2), by striking ``2012'' and
inserting ``2017''.
SEC. 7411. INCLUSION OF NORTHERN MARIANA ISLANDS AS A STATE UNDER
MCINTIRE-STENNIS COOPERATIVE FORESTRY ACT.
Section 8 of Public Law 87-788 (commonly known as the McIntire-
Stennis Cooperative Forestry Act; 16 U.S.C. 582a-7) is amended by
striking ``and Guam'' and inserting ``Guam, and the Commonwealth of the
Northern Mariana Islands''.
Subtitle E--Food, Conservation, and Energy Act of 2008
PART 1--AGRICULTURAL SECURITY
SEC. 7501. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.
Section 14112(c) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8912(c)) is amended to read as follows:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for each of fiscal years
2008 through 2012; and
``(2) $2,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7502. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL
BIOSECURITY PLANNING, PREPARATION, AND RESPONSE.
Section 14113 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8913) is amended--
(1) in subsection (a)(2)--
(A) by striking ``such sums as may be necessary'';
and
(B) by striking ``subsection'' and all that follows
and inserting the following: ``subsection--
``(1) such sums as are necessary for each of fiscal years
2008 through 2012; and
``(2) $15,000,000 for each of fiscal years 2013 through
2017.''; and
(2) in subsection (b)(2), by striking ``is authorized to be
appropriated to carry out this subsection'' and all that
follows and inserting the following: ``are authorized to be
appropriated to carry out this subsection--
``(1) $25,000,000 for each of fiscal years 2008 through
2012; and
``(2) $15,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7503. RESEARCH AND DEVELOPMENT OF AGRICULTURAL COUNTERMEASURES.
Section 14121(b) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8921(b)) is amended by striking ``is authorized to be
appropriated to carry out this section'' and all that follows and
inserting the following: ``are authorized to be appropriated to carry
out this section--
``(1) $50,000,000 for each of fiscal years 2008 through
2012; and
``(2) $15,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7504. AGRICULTURAL BIOSECURITY GRANT PROGRAM.
Section 14122(e) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8922(e)) is amended--
(1) by striking ``sums as are necessary''; and
(2) by striking ``section'' and all that follows and
inserting the following: ``section--
``(1) such sums as are necessary for each of fiscal years
2008 through 2012, to remain available until expended; and
``(2) $5,000,000 for each of fiscal years 2013 through
2017, to remain available until expended.''.
PART 2--MISCELLANEOUS
SEC. 7511. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.
Section 308 of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a) is amended--
(1) in subsection (b)(6)(A), by striking ``5 years'' and
inserting ``9 years''; and
(2) in subsection (d)(2), by striking ``1, 3, and 5 years''
and inserting ``5, 7, and 9 years''.
SEC. 7512. GRAZINGLANDS RESEARCH LABORATORY.
Section 7502 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2019) is amended by striking ``5-year
period'' and inserting ``9-year period''.
SEC. 7513. BUDGET SUBMISSION AND FUNDING.
Section 7506 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7614c) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Definitions.--In this section:
``(1) Covered program.--The term `covered program' means--
``(A) each research program carried out by the
Agricultural Research Service or the Economic Research
Service for which annual appropriations are requested
in the annual budget submission of the President; and
``(B) each competitive program carried out by the
National Institute of Food and Agriculture for which
annual appropriations are requested in the annual
budget submission of the President.
``(2) Request for awards.--The term `request for awards'
means a funding announcement published by the National
Institute of Food and Agriculture that provides detailed
information on funding opportunities at the Institute,
including the purpose, eligibility, restriction, focus areas,
evaluation criteria, regulatory information, and instructions
on how to apply for such opportunities.''; and
(2) by adding at the end the following new subsections:
``(e) Additional Presidential Budget Submission Requirement.--
``(1) In general.--Each year, the President shall submit to
Congress, together with the annual budget submission of the
President, the information described in paragraph (2) for each
funding request for a covered program.
``(2) Information described.--The information described in
this paragraph includes--
``(A) baseline information, including with respect
to each covered program--
``(i) the funding level for the program for
the fiscal year preceding the year the annual
budget submission of the President is
submitted;
``(ii) the funding level requested in the
annual budget submission of the President,
including any increase or decrease in the
funding level; and
``(iii) an explanation justifying any
change from the funding level specified in
clause (i) to the level specified in clause
(ii);
``(B) with respect to each covered program that is
carried out by the Economic Research Service or the
Agricultural Research Service, the location and staff
years of the program;
``(C) the proposed funding levels to be allocated
to, and the expected publication date, scope, and
allocation level for, each request for awards to be
published under or associated with--
``(i) each priority area specified in
section 2(b)(2) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C.
450i(b)(2));
``(ii) each research and extension project
carried out under section 1621(a) of the Food,
Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5811(a));
``(iii) each grant to be awarded under
section 1672B(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C.
5925b(a));
``(iv) each grant awarded under section
412(d) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C.
7632(d)); and
``(v) each grant awarded under 7405(c)(1)
of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 3319f(c)(1)); or
``(D) any other information the Secretary
determines will increase congressional oversight with
respect to covered programs.
``(3) Prohibition.--Unless the President submits the
information described in paragraph (2)(C) for a fiscal year,
the President may not carry out any program during the fiscal
year that is authorized under--
``(A) section 2(b) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i(b));
``(B) section 1621 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5811);
``(C) section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b);
``(D) section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C.
7632); or
``(E) section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f).
``(f) Report of the Secretary of Agriculture.--Each year on a date
that is not later than the date on which the President submits the
annual budget, the Secretary shall submit to Congress a report
containing a description of the agricultural research, extension, and
education activities carried out by the Federal Government during the
fiscal year that immediately precedes the year for which the report is
submitted, including--
``(1) a review of the extent to which those activities--
``(A) are duplicative or overlap within the
Department of Agriculture; or
``(B) are similar to activities carried out by--
``(i) other Federal agencies;
``(ii) the States (including the District
of Columbia, the Commonwealth of Puerto Rico
and other territories or possessions of the
United States);
``(iii) institutions of higher education
(as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)); or
``(iv) the private sector; and
``(2) for each report submitted under this section on or
after January 1, 2013, a 5-year projection of national
priorities with respect to agricultural research, extension,
and education, taking into account domestic needs.''.
SEC. 7514. REPEAL OF RESEARCH AND EDUCATION GRANTS FOR THE STUDY OF
ANTIBIOTIC-RESISTANT BACTERIA.
Section 7521 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 3202) is repealed.
SEC. 7515. REPEAL OF FARM AND RANCH STRESS ASSISTANCE NETWORK.
Section 7522 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5936) is repealed.
SEC. 7516. REPEAL OF SEED DISTRIBUTION.
Section 7523 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 415-1) is repealed.
SEC. 7517. NATURAL PRODUCTS RESEARCH PROGRAM.
Section 7525(e) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 5937(e)) is amended to read as follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2013 through 2017.''.
SEC. 7518. SUN GRANT PROGRAM.
(a) In General.--Section 7526 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8114) is amended--
(1) in subsection (a)(4)(B), by striking ``the Department
of Energy'' and inserting ``other appropriate Federal agencies
(as determined by the Secretary)'';
(2) in subsection (c)(1)--
(A) in subparagraph (B), by striking ``multistate''
and all that follows through the period and inserting
``integrated, multistate research, extension, and
education programs on technology development and
technology implementation.'';
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as
subparagraph (C);
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``in accordance with
paragraph (2)'';
(ii) by striking ``gasification'' and
inserting ``bioproducts''; and
(iii) by striking ``the Department of
Energy'' and inserting ``other appropriate
Federal agencies'';
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(4) in subsection (g), by striking ``2012'' and inserting
``2017''.
(b) Conforming Amendments.--Section 7526(f)(1) of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8114(f)(1)) is amended
by striking ``subsection (c)(1)(D)(i)'' and inserting ``subsection
(c)(1)(C)(i)''.
SEC. 7519. REPEAL OF STUDY AND REPORT ON FOOD DESERTS.
Section 7527 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2039) is repealed.
SEC. 7520. REPEAL OF AGRICULTURAL AND RURAL TRANSPORTATION RESEARCH AND
EDUCATION.
Section 7529 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5938) is repealed.
SEC. 7521. CONVEYANCE OF LAND COMPRISING SUBTROPICAL HORTICULTURE
RESEARCH STATION.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Miami-Dade County in
the State of Florida.
(2) Property.--The term ``Property'' means approximately 2
acres, more or less, of the federally owned land comprising the
Subtropical Horticulture Research Station in the County,
which--
(A) has been mutually delineated by the Secretary
and the authorized representative of the County; and
(B) fronts on SW 67th Avenue in Palmetto Bay,
Florida.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Property Conveyance.--
(1) In general.--Not later than 120 days after the date on
which the County deposits the consideration under paragraph (2)
and cost reimbursement provided in this section with the
Department of Agriculture, the Secretary shall convey and
quitclaim to the County, all rights, title, and interests of
the United States in the Property, subject to easements and
rights of record and such other reservations, terms, and
conditions as the Secretary may prescribe.
(2) Consideration.--
(A) In general.--As consideration for the
conveyance of the Property, the County shall pay to the
Secretary an amount in cash equal to the market value
of the property.
(B) Appraisal.--To determine the market value of
the Property, the Secretary shall have the Property
appraised for the highest and best use of the Property
in conformity with the Uniform Appraisal Standards for
Federal Land Acquisitions developed by the Interagency
Land Acquisition Conference. The approved appraisal
shall at all times be the property of the United
States.
(3) Corrections.--With the agreement of the County, the
Secretary may make minor corrections or modifications to the
legal description of the Property.
(4) Costs.--
(A) Transaction costs.--Except as provided in
subparagraph (C), the County shall, at closing for the
conveyance of the Property under this section, pay or
reimburse the Secretary, as appropriate, for the
reasonable transaction and administrative personnel
costs associated with the conveyance authorized by this
section, including the transaction costs of appraisal,
title, hazardous substances examination, and closing
costs.
(B) Administrative costs.--In addition to
transaction costs under subparagraph (A), the County
shall pay administrative costs in the liquidated amount
of $50,000.
(C) Attorneys' fees.--The County and the Secretary
shall each bear their own attorneys' fees.
(5) Survey.--The County shall, at its cost, survey the
exterior boundaries of the Subtropical Horticulture Research
Station and the Property in accordance with Federal survey
standards and to the satisfaction of the Secretary, and shall
provide to the Secretary certified originals with signature and
raised seal.
(6) Release.--The County, by a recordable instrument that
the Secretary determines is satisfactory, shall release the
Department of Agriculture from the instrument dated September
8, 2006, titled ``Unity of Title''.
(7) Security fencing.--On or before closing for the
conveyance of the Property under this section, the County
shall, at its cost, contract for the construction of a security
fence located on the boundary between the Property and the
adjacent land administered by the Secretary. The fence shall be
of materials and standards approved in advance by the
Secretary. The Secretary may approve temporary security
structures for use during construction phases of the fence.
(8) Other terms.--The Secretary and the County may
otherwise effect the purpose of this section on such additional
terms as are mutually acceptable and which are not inconsistent
with the provisions of this section.
(c) Receipts.--
(1) In general.--The Secretary shall deposit all funds
received from the conveyance authorized under this section,
including the market value consideration and the reimbursement
for costs, into the Treasury of the United States to be
credited to the appropriation for the Agricultural Research
Service.
(2) Use of funds.--Notwithstanding any limitation in
applicable appropriation Acts for the Department of Agriculture
or the Agricultural Research Service, all funds deposited into
the Treasury pursuant to subsection (b) shall be available to
the Secretary until expended, without further appropriation,
for the operation, upkeep, and maintenance of the Subtropical
Horticulture Research Station.
SEC. 7522. CONCESSIONS, FEES, AND VOLUNTARY SERVICES AT NATIONAL
ARBORETUM.
Section 6 of the Act of March 4, 1927 (20 U.S.C. 196) is amended--
(1) in subsection (a)(1), by inserting ``or nonprofit
organizations that support the purpose of the National
Arboretum'' after ``mission of the National Arboretum''; and
(2) by adding at the end the following new subsection:
``(d) Recognition of Donors.--A non-profit organization granted a
concession under subsection (a)(1) may recognize donors if such
recognition is approved in advance by the Secretary.''.
SEC. 7523. COTTON DISEASE RESEARCH REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the fungus
fusarium oxysporum f. sp. vasinfectum race 4 (referred to in this
section as ``FOV Race 4'') and the impact of such fungus on cotton,
including--
(1) an overview of the threat FOV Race 4 poses to the
cotton industry in the United States;
(2) the status and progress of Federal research initiatives
to detect, contain, or eradicate FOV Race 4, including current
FOV Race 4-specific research projects; and
(3) a comprehensive strategy to combat FOV Race 4 that
establishes--
(A) detection and identification goals;
(B) containment goals;
(C) eradication goals; and
(D) a plan to partner with the cotton industry in
the United States to maximize resources, information
sharing, and research responsiveness and effectiveness.
SEC. 7524. MISCELLANEOUS TECHNICAL CORRECTIONS.
Sections 7408 and 7409 of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 2013) are both amended by striking
``Title III of the Department of Agriculture Reorganization Act of
1994'' and inserting ``Title III of the Federal Crop Insurance Reform
and Department of Agriculture Reorganization Act of 1994''.
TITLE VIII--FORESTRY
Subtitle A--Repeal of Certain Forestry Programs
SEC. 8001. FOREST LAND ENHANCEMENT PROGRAM.
(a) Repeal.--Section 4 of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2103) is repealed.
(b) Conforming Amendment.--Section 8002 of the Farm Security and
Rural Investment Act of 2002 (Public Law 107-171; 16 U.S.C. 2103 note)
is amended by striking subsection (a).
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
SEC. 8002. WATERSHED FORESTRY ASSISTANCE PROGRAM.
(a) Repeal.--Section 6 of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2103b) is repealed.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 8003. EXPIRED COOPERATIVE NATIONAL FOREST PRODUCTS MARKETING
PROGRAM.
Section 18 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2112) is repealed.
SEC. 8004. HISPANIC-SERVING INSTITUTION AGRICULTURAL LAND NATIONAL
RESOURCES LEADERSHIP PROGRAM.
(a) Repeal.--Section 8402 of the Food, Conservation, and Energy Act
of 2008 (16 U.S.C. 1649a) is repealed.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 8005. TRIBAL WATERSHED FORESTRY ASSISTANCE PROGRAM.
(a) Repeal.--Section 303 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6542) is repealed.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 8006. SEPARATE FOREST SERVICE DECISIONMAKING AND APPEALS PROCESS.
Section 322 of the Department of the Interior and Related Agencies
Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 note) is
repealed. Section 428 of division E of the Consolidated Appropriations
Act, 2012 (Public Law 112-74; 125 Stat. 1046; 16 U.S.C. 6515 note)
shall not apply to any project or activity implementing a land and
resource management plan developed under section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604)
that is categorically excluded from documentation in an environmental
assessment or an environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Subtitle B--Reauthorization of Cooperative Forestry Assistance Act of
1978 Programs
SEC. 8101. FOREST LEGACY PROGRAM.
Subsection (m) of section 7 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103c) is amended to read as follows:
``(m) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
``(1) such sums as are necessary for fiscal year 2012; and
``(2) $55,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 8102. COMMUNITY FOREST AND OPEN SPACE CONSERVATION PROGRAM.
Subsection (g) of section 7A of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103d) is amended to read as follows:
``(g) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
``(1) such sums as are necessary for fiscal year 2012; and
``(2) $1,500,000 for each of fiscal years 2013 through
2017.''.
Subtitle C--Reauthorization of Other Forestry-Related Laws
SEC. 8201. RURAL REVITALIZATION TECHNOLOGIES.
Section 2371(d)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking ``2012''
and inserting ``2017''.
SEC. 8202. OFFICE OF INTERNATIONAL FORESTRY.
Subsection (d) of section 2405 of the Global Climate Change
Prevention Act of 1990 (7 U.S.C. 6704) is amended to read as follows:
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
``(1) such sums as are necessary for each of fiscal years
1996 through 2012; and
``(2) $6,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 8203. CHANGE IN FUNDING SOURCE FOR HEALTHY FORESTS RESERVE
PROGRAM.
Section 508 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6578) is amended--
(1) in subsection (a), by striking ``In General'' and
inserting ``Fiscal Years 2009 Through 2012'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Fiscal Years 2013 Through 2017.--There is authorized to be
appropriated to the Secretary of Agriculture to carry out this section
$9,750,000 for each of fiscal years 2013 through 2017.
``(c) Additional Source of Funds.--In addition to funds
appropriated pursuant to the authorization of appropriations in
subsection (b) for a fiscal year, the Secretary may use such amount of
the funds appropriated for that fiscal year to carry out the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.) as the
Secretary determines necessary to cover the cost of technical
assistance, management, and enforcement responsibilities for land
enrolled in the healthy forests reserve program pursuant to subsections
(a) and (b) of section 504.''.
SEC. 8204. STEWARDSHIP END RESULT CONTRACTING PROJECT AUTHORITY.
Section 347(a) 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) is amended by
striking ``2013'' and inserting ``2017''.
Subtitle D--National Forest Critical Area Response
SEC. 8301. DEFINITIONS.
In this title:
(1) Critical area.--The term ``critical area'' means an
area of the National Forest System designated by the Secretary
under section 8302
(2) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 8302. DESIGNATION OF CRITICAL AREAS.
(a) Designation Requirements.--The Secretary of Agriculture shall
designate critical areas within the National Forest System for the
purposes of addressing--
(1) deteriorating forest health conditions in existence as
of the date of the enactment of this Act due to insect
infestation, drought, disease, or storm damage; and
(2) the future risk of insect infestations or disease
outbreaks through preventative treatments.
(b) Designation Method.--In considering National Forest System land
for designation as a critical area, the Secretary shall use--
(1) for purposes of subsection (a)(1), the most recent
annual forest health aerial surveys of mortality and
defoliation; and
(2) for purposes of subsection (a)(2), the National Insect
and Disease Risk Map.
(c) Time for Initial Designations.--The first critical areas shall
be designated by the Secretary not later than 60 days after the date of
the enactment of this Act.
(d) Duration of Designation.--The designation of a critical area
shall expire not later than 10 years after the date of the designation.
SEC. 8303. APPLICATION OF EXPEDITED PROCEDURES AND ACTIVITIES OF THE
HEALTHY FORESTS RESTORATION ACT OF 2003 TO CRITICAL
AREAS.
(a) Applicability.--Subject to subsections (b) through (e), title I
of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
(including the environmental analysis requirements of section 104 of
that Act (16 U.S.C. 6514), the special administrative review process
under section 105 of that Act (16 U.S.C. 6515), and the judicial review
process under section 106 of that Act (16 U.S.C. 6516)), shall apply to
all Forest Service projects and activities carried out in a critical
area.
(b) Application of Other Law.--Section 322 of Public Law 102-381
(16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to projects
conducted in accordance with this section.
(c) Required Modifications.--In applying title I of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to Forest
Service projects and activities in a critical area, the Secretary shall
make the following modifications:
(1) The authority shall apply to the entire critical area,
including land that is outside of a wildland-urban interface
area or that does not satisfy any of the other eligibility
criteria specified in section 102(a) of that Act (16 U.S.C.
6512(a)).
(2) All projects and activities of the Forest Service,
including necessary connected actions (as described in section
1508.25(a)(1) of title 40, Code of Federal Regulations (or a
successor regulation)), shall be considered to be authorized
hazardous fuel reduction projects for purposes of applying the
title.
(d) Smaller Projects.--
(1) In general.--Except as provided in paragraph (2), a
project conducted in a critical area in accordance with this
section that comprises less than 10,000 acres shall be--
(A) considered an action categorically excluded
from the requirements for an environmental assessment
or an environmental impact statement under section
1508.4 of title 40, Code of Federal Regulations (or a
successor regulation); and
(B) exempt from the special administrative review
process under section 105 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6515).
(2) Exclusion of certain areas.--Paragraph (1) does not
apply to--
(A) a component of the National Wilderness
Preservation System;
(B) any Federal land on which, by Act of Congress
or Presidential proclamation, the removal of vegetation
is restricted or prohibited;
(C) a congressionally designated wilderness study
area; or
(D) an area in which activities under paragraph (1)
would be inconsistent with the applicable land and
resource management plan.
(e) Forest Management Plans.--All projects and activities carried
out in a critical area pursuant to this subtitle shall be consistent
with the land and resource management plan established under section 6
of the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604) for the unit of the National Forest System containing
the critical area.
SEC. 8304. GOOD NEIGHBOR AUTHORITY.
(a) Definitions.--In this section:
(1) Eligible state.--The term ``eligible State'' means a
State that contains National Forest System land.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State forester.--The term ``State forester'' means the
head of a State agency with jurisdiction over State forestry
programs in an eligible State.
(b) Cooperative Agreements and Contracts.--
(1) In general.--The Secretary may enter into a cooperative
agreement or contract (including a sole source contract) with a
State forester to authorize the State forester to provide the
forest, rangeland, and watershed restoration and protection
services described in paragraph (2) on National Forest System
land in the eligible State.
(2) Authorized services.--The forest, rangeland, and
watershed restoration and protection services referred to in
paragraph (1) include the conduct of--
(A) activities to treat insect infected trees;
(B) activities to reduce hazardous fuels; and
(C) any other activities to restore or improve
forest, rangeland, and watershed health, including fish
and wildlife habitat.
(3) State as agent.--Except as provided in paragraph (6), a
cooperative agreement or contract entered into under paragraph
(1) may authorize the State forester to serve as the agent for
the Secretary in providing the restoration and protection
services authorized under that paragraph.
(4) Subcontracts.--In accordance with applicable contract
procedures for the eligible State, a State forester may enter
into subcontracts to provide the restoration and protection
services authorized under a cooperative agreement or contract
entered into under paragraph (1).
(5) Timber sales.--Subsections (d) and (g) of section 14 of
the National Forest Management Act of 1976 (16 U.S.C. 472a)
shall not apply to services performed under a cooperative
agreement or contract entered into under paragraph (1).
(6) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to any
restoration and protection services to be provided under this
section by a State forester on National Forest System land
shall not be delegated to a State forester or any other officer
or employee of the eligible State.
(7) Applicable law.--The restoration and protection
services to be provided under this section shall be carried out
on a project-to-project basis under existing authorities of the
Forest Service.
Subtitle E--Miscellaneous Provisions
SEC. 8401. REVISION OF STRATEGIC PLAN FOR FOREST INVENTORY AND
ANALYSIS.
(a) Revision Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Agriculture shall revise
the strategic plan for forest inventory and analysis initially prepared
pursuant to section 3(e) of the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1642(e)) to address the
requirements imposed by subsection (b).
(b) Elements of Revised Strategic Plan.--In revising the strategic
plan, the Secretary of Agriculture shall describe in detail the
organization, procedures, and funding needed to achieve each of the
following:
(1) Complete the transition to a fully annualized forest
inventory program and include inventory and analysis of
interior Alaska.
(2) Implement an annualized inventory of trees in urban
settings, including the status and trends of trees and forests,
and assessments of their ecosystem services, values, health,
and risk to pests and diseases.
(3) Report information on renewable biomass supplies and
carbon stocks at the local, State, regional, and national
level, including by ownership type.
(4) Engage State foresters and other users of information
from the forest inventory and analysis in reevaluating the list
of core data variables collected on forest inventory and
analysis plots with an emphasis on demonstrated need.
(5) Improve the timeliness of the timber product output
program and accessibility of the annualized information on that
database.
(6) Foster greater cooperation among the forest inventory
and analysis program, research station leaders, and State
foresters and other users of information from the forest
inventory and analysis.
(7) Promote availability of and access to non-Federal
resources to improve information analysis and information
management.
(8) Collaborate with the Natural Resources Conservation
Service, National Aeronautics and Space Administration,
National Oceanic and Atmospheric Administration, and United
States Geological Survey to integrate remote sensing, spatial
analysis techniques, and other new technologies in the forest
inventory and analysis program.
(9) Understand and report on changes in land cover and use.
(10) Expand existing programs to promote sustainable forest
stewardship through increased understanding, in partnership
with other Federal agencies, of the over 10 million family
forest owners, their demographics, and the barriers to forest
stewardship.
(11) Implement procedures to improve the statistical
precision of estimates at the sub-State level.
(c) Submission of Revised Strategic Plan.--The Secretary of
Agriculture shall submit the revised strategic plan to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
SEC. 8402. FOREST SERVICE PARTICIPATION IN ACES PROGRAM.
The Secretary of Agriculture, acting through the Chief of the
Forest Service, may use funds derived from conservation-related
programs executed on National Forest System lands to utilize the
Agriculture Conservation Experienced Services Program established
pursuant to section 1252 of the Food Security Act of 1985 (16 U.S.C.
3851) to provide technical services for conservation-related programs
and authorities carried out by the Secretary on National Forest System
lands.
TITLE IX--ENERGY
SEC. 9001. DEFINITION OF RENEWABLE ENERGY SYSTEM.
Section 9001 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8101) is amended by--
(1) striking paragraph (4) and inserting the following:
``(4) Biobased product.--
``(A) In general.--The term `biobased product'
means a product determined by the Secretary to be a
commercial or industrial product (other than food or
feed) that is--
``(i) composed, in whole or in significant
part, of biological products, including
renewable domestic agricultural materials and
forestry materials; or
``(ii) an intermediate ingredient or
feedstock.
``(B) Inclusion.--The term `biobased product', with
respect to forestry materials, includes forest products
that meet biobased content requirements,
notwithstanding the market share the product holds, the
age of the product, or whether the market for the
product is new or emerging.'';
(2) redesignating paragraphs (9), (10), (11), (12), (13),
and (14) as paragraphs (10), (11), (12), (13), (14), and (16);
(3) inserting after paragraph (8), the following new
paragraph:
``(9) Forest product.--
``(A) In general.--The term `forest product' means
a product made from materials derived from the practice
of forestry or the management of growing timber.
``(B) Inclusions.--The term `forest product'
includes--
``(i) pulp, paper, paperboard, pellets, and
wood products; and
``(ii) any recycled products derived from
forest materials.''; and
(4) inserting after paragraph (14) (as so redesignated),
the following new paragraph:
``(15) Renewable energy system.--
``(A) In general.--Subject to subparagraph (B), the
term `renewable energy system' means a system that--
``(i) produces usable energy from a
renewable energy source; and
``(ii) may include distribution components
necessary to move energy produced by such
system to the initial point of sale.
``(B) Limitation.--A system described in
subparagraph (A) may not include a mechanism for
dispensing energy at retail.''.
SEC. 9002. BIOBASED MARKETS PROGRAM.
Section 9002(h) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8102(h)) is amended--
(1) in the heading of paragraph (1), by inserting ``for
fiscal years 2008 through 2012'' after ``funding'';
(2) in the heading of paragraph (2), by inserting ``for
fiscal years 2009 through 2012'' after ``funding''; and
(3) by adding at the end the following new paragraph:
``(3) Fiscal years 2013 through 2017.--There are authorized
to be appropriated to carry out this section $2,000,000 for
each of fiscal years 2013 through 2017.''.
SEC. 9003. BIOREFINERY ASSISTANCE.
(a) Program Adjustments.--Section 9003 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8103) is amended--
(1) in subsection (c), by striking ``to eligible entities''
and all that follows through ``guarantees for loans'' and
inserting ``to eligible entities guarantees for loans'';
(2) by striking subsection (d);
(3) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively; and
(4) in subsection (d) (as so redesignated)--
(A) by striking ``subsection (c)(2)'' each place it
appears and inserting ``subsection (c)''; and
(B) in paragraph (2)(C), by striking ``subsection
(h)'' and inserting ``subsection (g)''.
(b) Funding.--Section 9003(g) of the Farm Security and Rural
Investment Act of 2002, as redesignated by subsection (a)(3), is
amended--
(1) in the heading of paragraph (1), by inserting ``for
fiscal years 2009 and 2010'' after ``funding'';
(2) in the heading of paragraph (2), by inserting ``for
fiscal years 2009 through 2012'' after ``funding''; and
(3) by adding at the end the following new paragraph:
``(3) Fiscal years 2013 through 2017.--There are authorized
to be appropriated to carry out this section $75,000,000 for
each of fiscal years 2013 through 2017.''.
SEC. 9004. REPEAL OF REPOWERING ASSISTANCE PROGRAM AND TRANSFER OF
REMAINING FUNDS.
(a) Repeal.--Subject to subsection (b), section 9004 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8104) is repealed.
(b) Use of Remaining Funding for Rural Energy for America
Program.--Funds made available pursuant to subsection (d) of such
section 9004 that are unobligated on the day before the date of the
enactment of this section shall--
(1) remain available until expended;
(2) be used by the Secretary of Agriculture to carry out
financial assistance for energy efficiency improvements and
renewable energy systems under section 9007(a)(2) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C.
8107(a)(2)); and
(3) be in addition to any other funds made available to
carry out that program.
SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.
Section 9005(g) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8105(c)) is amended--
(1) in the heading of paragraph (1), by inserting ``for
fiscal years 2009 through 2012'' after ``funding'';
(2) in the heading of paragraph (2), by inserting ``for
fiscal years 2009 through 2012'' after ``funding'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph:
``(3) Fiscal years 2013 through 2017.--There are authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2013 through 2017.''.
SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM.
Subsection (d) of section 9006 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8106(d)) is amended to read as
follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2013 through 2017.''.
SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM.
(a) Program Adjustments.--
(1) Repeal of feasibility studies.--Section 9007(c) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107(c)) is amended by striking paragraph (3).
(2) Tiered application process.--Section 9007(c) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107(c)) is further amended by--
(A) redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Tiered application process.--In carrying out this
subsection, the Secretary shall establish a three-tiered
application, evaluation, and oversight process that varies
based on the cost of the proposed project with the process most
simplified for projects referred to in subparagraph (A), more
comprehensive for projects referred to in subparagraph (B), and
most comprehensive for projects referred to in subparagraph
(C). The three tiers for such process shall be as follows:
``(A) Tier 1.--Projects for which the cost of the
project funded under this subsection is not more than
$80,000.
``(B) Tier 2.--Projects for which the cost of the
project funded under this subsection is more than
$80,000 but less than $200,000.
``(C) Tier 3.--Projects for which the cost of the
project funded under this subsection is $200,000 or
more.''.
(b) Funding.--Section 9007(g) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107(g)) is amended--
(1) in the heading of paragraph (1), by inserting ``for
fiscal years 2009 through 2012'' after ``funding'';
(2) in the heading of paragraph (2), by inserting ``for
fiscal years 2009 through 2012'' after ``funding'';
(3) in the heading of paragraph (3), by inserting ``for
fiscal years 2009 through 2012'' after ``funding''; and
(4) by adding at the end the following new paragraph:
``(4) Fiscal years 2013 through 2017.--There are authorized
to be appropriated to carry out this section $45,000,000 for
each of fiscal years 2013 through 2017.''.
SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT.
Section 9008(h) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8108(h)) is amended--
(1) in the heading of paragraph (1), by inserting ``for
fiscal years 2009 through 2012'' after ``funding'';
(2) in the heading of paragraph (2), by inserting ``for
fiscal years 2009 through 2012'' after ``funding''; and
(3) by adding at the end the following new paragraph:
``(3) Fiscal years 2013 through 2017.--There are authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2013 through 2017.''.
SEC. 9009. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS.
Section 9010(b) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8110(b)) is amended--
(1) in paragraph (1)(A), by striking ``2012'' and inserting
``2017''; and
(2) in paragraph (2)(A), by striking ``2012'' and inserting
``2017''.
SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM.
Section 9011 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8111) is amended--
(1) in subsection (a)--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) and (8) as
paragraphs (6) and (7), respectively;
(2) in subsection (b)--
(A) by striking ``Program to'' and all that follows
through ``support the establishment'' and inserting
``Program to support the establishment'';
(B) by striking ``; and'' and inserting a period;
and
(C) by striking paragraph (2);
(3) in subsection (c)--
(A) in paragraph (2)(B)--
(i) in clause (viii), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating clause (ix) as clause
(x); and
(iii) by inserting after clause (viii) the
following new clause:
``(ix) existing project areas that have
received funding under this section and the
continuation of funding of such project areas
to advance the maturity of such project areas;
and''; and
(B) in paragraph (5)(C)(ii)--
(i) by striking subclause (III); and
(ii) by redesignating subclauses (IV) and
(V) as subclauses (III) and (IV), respectively;
(4) by striking subsection (d);
(5) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively; and
(6) in subsection (e) (as so redesignated)--
(A) by striking ``(e) Funding.--Of the funds'' and
inserting ``(e) Funding.--
``(1) Fiscal years 2008 through 2012.--Of the funds''; and
(B) by adding at the end the following new
paragraph:
``(2) Fiscal years 2013 through 2017.--
``(A) In general.--Subject to subparagraph (B),
there are authorized to be appropriated to carry out
this section $75,000,000 for each of fiscal years 2013
through 2017.
``(B) Multiyear contracts.--For each multiyear
contract entered into by the Secretary during a fiscal
year under this section, the Secretary shall ensure
that sufficient funds are obligated from the
appropriation for that fiscal year to fully cover all
payments required by the contract for all years of the
contract.''.
SEC. 9011. COMMUNITY WOOD ENERGY PROGRAM.
Section 9013(e) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8113(e)) is amended by striking ``carry out this
section'' and all that follows and inserting the following: ``carry out
this section--
``(1) $5,000,000 for each of fiscal years 2009 through
2012; and
``(2) $2,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 9012. REPEAL OF BIOFUELS INFRASTRUCTURE STUDY.
Section 9002 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2095) is repealed.
SEC. 9013. REPEAL OF RENEWABLE FERTILIZER STUDY.
Section 9003 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2096) is repealed.
TITLE X--HORTICULTURE
SEC. 10001. SPECIALTY CROPS MARKET NEWS ALLOCATION.
Section 10107(b) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 1622b(b)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 10002. REPEAL OF GRANT PROGRAM TO IMPROVE MOVEMENT OF SPECIALTY
CROPS.
Section 10403 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 1622c) is repealed.
SEC. 10003. FARMERS MARKET AND LOCAL FOOD PROMOTION PROGRAM.
Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7
U.S.C. 3005) is amended--
(1) in the section heading, by inserting ``and local food''
after ``farmers' market'';
(2) in subsection (a)--
(A) by inserting ``and Local Food'' after
``Farmers' Market'';
(B) by striking ``farmers' markets and to
promote''; and
(C) by striking the period and inserting ``and
assist in the development of local food business
enterprises.'';
(3) in subsection (b), by striking paragraph (1) and
inserting the following new paragraph:
``(1) In general.--The purposes of the Program are to
increase domestic consumption of, and consumer access to,
locally and regionally produced agricultural products by
assisting in the development, improvement, and expansion of--
``(A) domestic farmers' markets, roadside stands,
community-supported agriculture programs, agritourism
activities, and other direct producer-to-consumer
market opportunities; and
``(B) local and regional food business enterprises
that process, distribute, aggregate, and store locally
or regionally produced food products.'';
(4) in subsection (c)(1)--
(A) by inserting ``or other agricultural business
entity'' after ``cooperative''; and
(B) by inserting ``, including a community
supported agriculture network or association'' after
``association'';
(5) by redesignating subsection (e) as subsection (g);
(6) by inserting after subsection (d) the following new
subsections:
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications submitted by eligible
entities that include proposals for projects that--
``(1) benefit underserved communities;
``(2) develop market opportunities for small and mid-sized
farm and ranch operations; and
``(3) include a strategic plan to maximize the use of funds
to build capacity for local and regional food systems in a
community.
``(f) Funds Requirements for Eligible Entities.--
``(1) Matching funds.--An entity receiving a grant under
this section for a project to carry out a purpose described in
subsection (b)(1)(B) shall provide matching funds in the form
of cash or an in-kind contribution in an amount equal to 25
percent of the total cost of such project.
``(2) Limitation on use of funds.--An eligible entity may
not use a grant or other assistance provided under this section
for the purchase, construction, or rehabilitation of a building
or structure.''; and
(7) in subsection (g) (as redesignated by paragraph (5))--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(D) $20,000,000 for each of fiscal years 2013
through 2017.'';
(B) by striking paragraphs (2) and (4);
(C) by redesignating paragraph (3) as paragraph
(5); and
(D) by inserting after paragraph (1) the following
new paragraphs:
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 2013 through 2017.
``(3) Use of funds.--Of the funds made available to carry
out this section for a fiscal year, 50 percent of such funds
shall be used for the purposes described in subparagraph (A) of
subsection (b)(1) and 50 percent of such funds shall be used
for the purposes described in subparagraph (B) of such
subsection.
``(4) Limitation on administrative expenses.--Not more than
5 percent of the total amount made available to carry out this
section for a fiscal year may be used for administrative
expenses.''.
SEC. 10004. ORGANIC AGRICULTURE.
(a) Organic Production and Market Data Initiatives.--Section
7407(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
5925c(d)) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Mandatory funding.--In addition to funds made
available under paragraph (1), of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $5,000,000, to remain available until expended.''; and
(3) in paragraph (3) (as redesignated by paragraph (1))--
(A) by striking ``paragraph (1)'' and inserting
``paragraphs (1) and (2)''; and
(B) by striking ``2012'' and inserting ``2017''.
(b) Modernization and Technology Upgrade for National Organic
Program.--Section 2122 of the Organic Foods Production Act of 1990 (7
U.S.C. 6521) is amended by adding at the end the following new
subsection:
``(c) Modernization and Technology Upgrade for National Organic
Program.--The Secretary shall modernize database and technology systems
of the national organic program.''.
(c) Authorization of Appropriations for National Organic Program.--
Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C.
6522) is amended--
(1) in subsection (b)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) by redesignating paragraph (6) as paragraph
(7); and
(C) by inserting after paragraph (5) the following
new paragraph:
``(6) $11,000,000 for each of fiscal years 2013 through
2017; and''; and
(2) by adding at the end the following new subsection:
``(c) Modernization and Technology Upgrade for National Organic
Program.--Of the funds of the Commodity Credit Corporation and in
addition to any other funds made available to carry out section
2122(c), the Secretary shall use to carry out such section $5,000,000
for fiscal year 2013, to remain available until expended.''.
(d) National Organic Certification Cost-share Program.--Section
10606 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
6523) is repealed.
SEC. 10005. INVESTIGATIONS AND ENFORCEMENT OF THE ORGANIC FOODS
PRODUCTION ACT OF 1990.
The Organic Foods Production Act of 1990 is amended by inserting
after section 2122 (7 U.S.C. 6521) the following new section:
``SEC. 2122A. INVESTIGATIONS AND ENFORCEMENT.
``(a) Investigation.--
``(1) In general.--The Secretary may take such
investigative actions as the Secretary considers to be
necessary to carry out this title--
``(A) to verify the accuracy of any information
reported or made available under this title; and
``(B) to determine, with regard to actions,
practices, or information required under this title,
whether a person covered by this title has committed a
violation of any provision of this title.
``(2) Investigative powers.--The Secretary may administer
oaths and affirmations, subpoena witnesses, compel attendance
of witnesses, take evidence, and require the production of any
records required to be maintained under section 2112(d) or
2116(c) that are relevant to the investigation.
``(b) Unlawful Act.--It shall be unlawful and a violation of this
title for any person covered by this title--
``(1) to refuse to provide information required by the
Secretary under this title; or
``(2) to violate--
``(A) a suspension or revocation of the organic
certification of a producer or handler; or
``(B) a suspension or revocation of the
accreditation of a certifying agent.
``(c) Enforcement.--
``(1) Suspension.--
``(A) In general.--The Secretary may, after notice
and opportunity for an expedited administrative
hearing, suspend the organic certification of a
producer or handler, or accreditation of a certifying
agent, if the Secretary has reason to believe that a
person producing or handling an agricultural product,
or a certifying agent, has violated or is violating any
provision of this title. The decision to suspend a
certification under this subparagraph by the Secretary
may be appealed to a United States district court not
later than 30 days after such decision is made and
shall not take effect until judicial review of such
decision is completed.
``(B) Continuation of suspension through appeal.--
If the Secretary determines subsequent to an
investigation that a violation of this title by a
person covered by this title has occurred, the
suspension shall remain in effect until the Secretary
issues a revocation of the certification of the person
or of the accreditation of the certifying agent,
covered by this title, after an expedited
administrative appeal under section 2121 has been
completed.
``(2) Revocation.--After notice and opportunity for an
administrative appeal under section 2121, if a violation of
this title is determined to have occurred, the Secretary shall
revoke the organic certification of the producer or handler, or
the accreditation of the certifying agent.
``(d) Appeal.--
``(1) In general.--A revocation of a certification or an
accreditation under subsection (c)(2) shall be final and
conclusive unless the affected person files an appeal of the
revocation, if the affected person so elects, to a United
States district court as provided in section 2121(b) not later
than 30 days after the date of the revocation under subsection
(c)(2).
``(2) Standard.--A revocation of a certification or an
accreditation under subsection (c)(2) shall be set aside only
if the revocation of such certification or such accreditation
is clearly erroneous.
``(e) Noncompliance.--
``(1) In general.--If a person covered by this title fails
to obey a revocation of a certification or an accreditation
under subsection (c)(2) after such revocation has become final
and conclusive or after the appropriate United States district
court has entered a final judgment in favor of the Secretary,
the United States may apply to the appropriate United States
district court for enforcement of such revocation.
``(2) Enforcement.--If the court determines that the
revocation was lawfully made and duly served and that the
person violated the revocation, the court shall enforce the
revocation.
``(3) Civil penalty.--If the court finds that the person
violated the revocation of a certification or an accreditation
under subsection (c)(2), the person shall be subject to one or
more of the penalties provided in subsections (a) and (b) of
section 2120.''.
SEC. 10006. FOOD SAFETY EDUCATION INITIATIVES.
Section 10105(c) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 7655a(c)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 10007. SPECIALTY CROP BLOCK GRANTS.
Section 101 of the Specialty Crops Competitiveness Act of 2004 (7
U.S.C. 1621 note; Public Law 108-465) is amended--
(1) in subsection (a)--
(A) by striking ``subsection (j)'' and inserting
``subsection (l)''; and
(B) by striking ``2012'' and inserting ``2017'';
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) Grants Based on Value and Acreage.--Subject to subsection
(c), for each State whose application for a grant for a fiscal year
that is accepted by the Secretary under subsection (f), the amount of
the grant for such fiscal year to the State under this section shall
bear the same ratio to the total amount made available under subsection
(l)(1) for such fiscal year as--
``(1) the average of the most recent available value of
specialty crop production in the State and the acreage of
specialty crop production in the State, as demonstrated in the
most recent Census of Agriculture data; bears to
``(2) the average of the most recent available value of
specialty crop production in all States and the acreage of
specialty crop production in all States, as demonstrated in the
most recent Census of Agriculture data.'';
(3) by redesignating subsection (j) as subsection (l);
(4) by inserting after subsection (i) the following new
subsections:
``(j) Multistate Projects.--Not later than 180 days after the
effective date of the Federal Agriculture Reform and Risk Management
Act of 2012, the Secretary of Agriculture shall issue guidance for the
purpose of making grants to multistate projects under this section for
projects involving--
``(1) food safety;
``(2) plant pests and disease;
``(3) research;
``(4) crop-specific projects addressing common issues; and
``(5) any other area that furthers the purposes of this
section, as determined by the Secretary.
``(k) Administration.--
``(1) Department.--The Secretary of Agriculture may not use
more than 3 percent of the funds made available to carry out
this section for a fiscal year for administrative expenses.
``(2) States.--A State receiving a grant under this section
may not use more than 8 percent of the funds received under the
grant for a fiscal year for administrative expenses.''; and
(5) in subsection (l) (as redesignated by paragraph (3))--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively, and
moving such subparagraphs two ems to the right;
(B) by striking ``Of the funds'' and inserting the
following:
``(1) In general.--Of the funds'';
(C) in paragraph (1) (as so designated)--
(i) in subparagraph (B) (as redesignated by
subparagraph (A)), by striking ``and'' at the
end;
(ii) in subparagraph (C) (as redesignated
by subparagraph (A)), by striking the period at
the end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(D) $70,000,000 for fiscal year 2013 and each
fiscal year thereafter.''; and
(D) by adding at the end the following new
paragraph:
``(2) Multistate projects.--Of the funds made available
under paragraph (1), the Secretary may use to carry out
subsection (j), to remain available until expended--
``(A) $1,000,000 for fiscal year 2013;
``(B) $2,000,000 for fiscal year 2014;
``(C) $3,000,000 for fiscal year 2015;
``(D) $4,000,000 for fiscal year 2016; and
``(E) $5,000,000 for fiscal year 2017.''.
SEC. 10008. REPORT ON SPECIALTY CROP PRODUCTION BY CERTAIN FARMERS.
(a) Report Required.--The Secretary of Agriculture shall, in
consultation with interested persons, submit to the Committee on
Agriculture of the House of Representatives a report on specialty crop
production by small-holder, women, minority, and socially disadvantaged
producers (as defined in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e))) throughout the United States,
including--
(1) an assessment of--
(A) the number of such producers in the United
States;
(B) the economic and social challenges such
producers have in increasing production capacity and
value; and
(C) the resources needed to increase or add value
to the production of such producers;
(2) a list of the resources available at the Department of
Agriculture to provide assistance to such producers;
(3) an evaluation of private sector resources and
initiatives that could be used to increase production capacity
and value for the crops grown by such producers; and
(4) an evaluation of how geographic differences affect
opportunities available to small-holder producers.
(b) Updates and Completion.--The Secetary shall submit the
completed report required under subsection (a) not later than one year
after the date of the enactment of the Federal Agriculture Reform and
Risk Management Act of 2012. Beginning on such date of enactment, the
Secretary shall update the Committee on Agriculture of the House of
Representatives every 90 days on the progress made toward completing
the report.
SEC. 10009. REPORT ON HONEY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture, in consultation
with persons affected by the potential establishment of a Federal
standard for the identity of honey, shall submit to the Commissioner of
Food and Drugs a report describing how an appropriate Federal standard
for the identity of honey would be in the interest of consumers, the
honey industry, and United States agriculture.
(b) Considerations.--In preparing the report required under
subsection (a), the Secretary shall take into consideration the March,
2006, Standard of Identity citizens petition filed with the Food and
Drug Administration, including any current industry amendments or
clarifications necessary to update such petition.
SEC. 10010. BULK SHIPMENTS OF APPLES TO CANADA.
(a) Bulk Shipment of Apples to Canada.--Section 4 of the Export
Apple Act (7 U.S.C. 584) is amended--
(1) by striking ``Apples in'' and inserting ``(a) Apples
in''; and
(2) by adding at the end the following new subsection:
``(b) Apples may be shipped to Canada in bulk bins without
complying with the provisions of this Act.''.
(b) Definition of Bulk Bin.--Section 9 of the Export Apple Act (7
U.S.C. 589) is amended by adding at the end the following new
paragraph:
``(5) The term `bulk bin' means a bin that contains a quantity of
apples weighing more than 100 pounds.''.
(c) Regulations.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Agriculture shall issue
regulations to carry out the amendments made by this section
SEC. 10011. INCLUSION OF OLIVE OIL IN IMPORT CONTROLS UNDER THE
AGRICULTURAL ADJUSTMENT ACT.
Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 608e-
1(a)) is amended by inserting ``olive oil,'' after ``olives (other than
Spanish-style green olives),''.
SEC. 10012. PETITIONS TO DETERMINE ORGANISM NOT A PLANT PEST.
(a) Petition to Determine Organism Not a Plant Pest.--The Plant
Protection Act is amended by inserting after section 411 (7 U.S.C.
7711) the following new section:
``SEC. 411A. PETITION TO DETERMINE ORGANISM NOT A PLANT PEST.
``(a) Petition.--A person may petition the Secretary for a
determination that an organism that is subject to regulation by the
Secretary as a plant pest under this Act is not a plant pest for
purposes of this Act.
``(b) Review of Petition.--
``(1) Assessment and analysis required.--In reviewing a
petition submitted under subsection (a), the Secretary shall
conduct the following with respect to an organism that is the
subject of the petition:
``(A) Plant pest risk assessment.--An assessment of
the likelihood that such organism is a plant pest.
``(B) Environmental analysis.--An analysis of any
likely adverse effects of such organism on the soil,
water, air quality, non-target organisms, and listed
threatened and endangered species and the critical
habitat of such species for the environment in which
such organism is likely to be grown or otherwise used
under the conditions specified in such petition.
``(2) Determination.--The Secretary shall issue a
determination that an organism is not a plant pest for purposes
of this Act if the Secretary determines, based on sound science
and the plant pest risk assessment conducted under paragraph
(1)(A), that an organism is not likely to be a plant pest.
``(3) Review period.--
``(A) Initial review period.--Not later than one
year after the date on which the Secretary determines
that a petition submitted under subsection (a) is
complete, the Secretary shall complete the plant pest
risk assessment and the environmental analysis required
under paragraph (1) and issue a determination with
respect to such petition under paragraph (2).
``(B) Extension.--The Secretary may extend the one-
year review period referred to in subparagraph (A) for
a petition for one additional period of not more than
180 days if the Secretary determines that additional
review is necessary. The Secretary shall notify the
person who submitted the petition, in writing, of the
reasons for the extension and an estimate of the time
period necessary to complete the review.
``(4) Effect of failure to meet time period.--
Notwithstanding any other provision of law, if after completing
the plant pest risk assessment, but not the environmental
analysis, required under paragraph (1), the Secretary finds
that there is no reason to believe that an organism is a plant
pest and does not grant or deny a petition submitted under
subsection (a) with respect to such organism within the time
period required under paragraph (3), such organism shall be
deemed not to be a plant pest for purposes of this Act.
``(5) Effect on pesticide registration.--In the case of an
organism containing a plant-incorporated protectant (as defined
in section 174.3 of title 40, Code of Federal Regulations, or
any successor regulation) with respect to which an application
for registration of the plant-incorporated protectant is
pending under the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a et seq.), a determination made
under paragraph (2) that an organism is not a plant pest or the
deeming that an organism is not a plant pest under paragraph
(4) shall not be effective until the registration of the plant-
incorporated protectant contained in such organism is approved
under the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136a et seq.). If such registration is not approved,
a determination made under paragraph (2) that an organism is
not a plant pest or a deeming that an organism is not a plant
pest under paragraph (4) shall not become effective.
``(6) Subsequent authority to regulate.--Notwithstanding a
determination that an organism is not a plant pest under
paragraph (2) or that such organism has been deemed not to be a
plant pest under paragraph (4), the Secretary may issue a
determination, based on information discovered after the date
of such determination or the date on which the organism was so
deemed and sound science, that an organism is a plant pest for
purposes of this Act.
``(7) Public notice.--
``(A) Notice.--The Secretary shall publish notice
in the Federal Register of--
``(i) the grant or denial of a petition
submitted under subsection (a) with respect to
an organism; or
``(ii) the deeming that such organism is
not a plant pest under paragraph (4).
``(B) Risk assessments and environmental
analysis.--The Secretary shall provide to the person
who submitted a petition under subsection (a), and make
available to the public, the risk assessment and
environmental analysis prepared under paragraph (1)
with respect to such petition.
``(c) Applicability of Environmental Analysis Conducted for
Petition to Determine Organism Not a Plant Pest.--
``(1) Exclusive analysis performed.--Notwithstanding any
other provision of law, the environmental analysis required
under subsection (b)(1) and as specifically described in such
subsection shall be the only analysis or procedure regarding
the effects on the environment of an organism that is the
subject of a petition submitted under subsection (a) required
or authorized by law with respect to reviewing and taking
action on such a petition.
``(2) Prohibition on use of funds for other analyses.--No
funds made available by any Act shall be obligated, expended,
or used for any analysis or procedure regarding the effects on
the environment of an organism conducted for purposes of this
section other than the environmental analysis required under
subsection (b)(1).
``(3) Prohibition on solicitation of funds for
environmental analysis.--The Secretary shall not require or
solicit any financial assistance from a person submitting a
petition under subsection (a) for any analysis or procedure
regarding the effects on the environment of an organism or for
any other analysis or procedure not specifically authorized by
subsection (b)(1).
``(d) Use of Data From Permits for Purposes of Petition for a
Determination That an Organism Not a Plant Pest.--Notwithstanding any
other provision of law, the Secretary shall use data collected under a
permit issued by the Secretary under section 411(a) with respect to an
organism, among other relevant data, for purposes of the review of a
petition submitted under subsection (a) with respect to such
organism.''.
(b) Authority of Review for and Environmental Analysis Applicable
to Permits.--Section 411 of the Plant Protection Act (7 U.S.C. 7711) is
amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (b), the following new
subsections:
``(c) Limitation on Analyses and Procedures for Permits.--
Notwithstanding any other provision of law, the analyses or procedures
required under the regulations issued by the Secretary under the
Federal Plant Pest Act and continued in effect in accordance with
section 438(c) shall be the only analyses or procedures required or
authorized by law with respect to reviewing and taking action on an
application for a permit submitted under subsection (a).
``(d) Environmental Analysis Applicable to Certain Permits.--
Notwithstanding any other provision of law, in reviewing an application
for a permit submitted under subsection (a) that is not excluded from
environmental review under regulations issued by the Secretary in
effect on the date of the enactment of this subsection (or any
successor regulations), the Secretary shall conduct an environmental
analysis described in section 411A(b)(1)(B). Such analysis shall be the
only environmental analysis or procedure required or authorized by law
with respect to reviewing and taking action on such an application.''.
(c) Transitional Provisions.--
(1) Completeness.--
(A) Completeness of petitions.--Notwithstanding any
other provision of law, including section 411A of the
Plant Protection Act (as added by subsection (a)), if
the Secretary of Agriculture determined that a petition
submitted before the date of the enactment of this
section under section 340.6 of title 7, Code of Federal
Regulations, for a determination that an organism is
not a plant pest was complete before such date, the
Secretary shall consider such petition to be complete
and maintain the status such petition had in the
process for the review of such petition on such date
under section 340.6 of title 7, Code of Federal
Regulations.
(B) Completeness of applications for permits.--
Notwithstanding any other provision of law, including
subsection (c) of section 411 of the Plant Protection
Act (7 U.S.C. 7711) (as amended by subsection (b)), if
the Secretary of Agriculture determined that an
application for a permit submitted under subsection (a)
of such section (7 U.S.C. 7711) before the date of the
enactment of this section was complete before such
date, the Secretary shall consider such application to
be complete and maintain the status such application
had in the process for the review of such application
on such date under subsection (a) of such section.
(2) Use of environmental analysis.--
(A) Use of environmental analysis for petitions.--
Notwithstanding any other provision of law, the
Secretary of Agriculture shall use any environmental
analysis conducted for purposes of a petition submitted
under section 340.6 of title 7, Code of Federal
Regulations, before the date of the enactment of this
section with respect to an organism to the greatest
extent possible to complete the environmental analysis
conducted under section 411A of the Plant Protection
Act (as added by subsection (a)) for purposes of a
petition submitted under subsection (a) of such section
with respect to such organism.
(B) Use of environmental analysis for applications
for permits.--Notwithstanding any other provision of
law, the Secretary of Agriculture shall use any
environmental analysis conducted for purposes of an
application for a permit submitted under subsection (a)
of section 411 of the Plant Protection Act (7 U.S.C.
7711) before the date of the enactment of this section
with respect to such organism to the greatest extent
possible to complete the environmental analysis
conducted under subsection (d) of such section (as
amended by subsection (b)) with respect to such
organism.
(3) Special consideration for review of certain
petitions.--
(A) Pending petitions without a completed plant
pest risk assessment.--Notwithstanding section
411A(b)(3) of the Plant Protection Act (as added by
subsection (a)), the Secretary of Agriculture shall
determine the length of the period for the review of
petitions submitted under section 340.6 of title 7,
Code of Federal Regulations, before the date of the
enactment of this section for which a plant pest risk
assessment has not been completed on or before such
date of enactment.
(B) Pending petitions with a completed plant pest
risk assessment.--
(i) Deeming of certain petitions.--
Notwithstanding any other provision of law,
with respect to each covered petition, if the
Secretary finds that there is no reason to
believe that the organism that is the subject
of such covered petition is a plant pest and
the Secretary does not grant or deny such
covered petition not later than 90 days after
the date of the enactment of this section, such
organism shall be deemed not to be a plant pest
for purposes of the Plant Protection Act (7
U.S.C. 7701 et seq.).
(ii) Covered petition defined.--In this
subparagraph, the term ``covered petition''
means a petition submitted before the date of
the enactment of this section under section
340.6 of title 7, Code of Federal Regulations,
for a determination that an organism is not a
plant pest for which a plant pest risk
assessment and an environmental assessment have
been published and a notice and comment period
on each assessment has been completed as of
such date of enactment.
(4) Regulations.--Not later than 180 days after the date of
the enactment of this section, the Secretary of Agriculture
shall issue such regulations as the Secretary considers
necessary to carry out the amendments made by this section.
SEC. 10013. CONSOLIDATION OF PLANT PEST AND DISEASE MANAGEMENT AND
DISASTER PREVENTION PROGRAMS.
(a) Relocation of Legislative Language Relating to National Clean
Plant Network.--Section 420 of the Plant Protection Act (7 U.S.C. 7721)
is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) National Clean Plant Network.--
``(1) In general.--The Secretary shall establish a program
to be known as the `National Clean Plant Network' (referred to
in this subsection as the `Program').
``(2) Requirements.--Under the Program, the Secretary shall
establish a network of clean plant centers for diagnostic and
pathogen elimination services--
``(A) to produce clean propagative plant material;
and
``(B) to maintain blocks of pathogen-tested plant
material in sites located throughout the United States.
``(3) Availability of clean plant source material.--Clean
plant source material produced or maintained under the Program
may be made available to--
``(A) a State for a certified plant program of the
State; and
``(B) private nurseries and producers.
``(4) Consultation and collaboration.--In carrying out the
Program, the Secretary shall--
``(A) consult with--
``(i) State departments of agriculture; and
``(ii) land-grant colleges and universities
and NLGCA Institutions (as those terms are
defined in section 1404 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)); and
``(B) to the extent practicable and with input from
the appropriate State officials and industry
representatives, use existing Federal or State
facilities to serve as clean plant centers.''.
(b) Funding.--Subsection (f) of section 420 of the Plant Protection
Act (7 U.S.C. 7721) (as so redesignated) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking ``and each fiscal year
thereafter.'' and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) $71,500,000 for fiscal year 2013 and each fiscal year
thereafter.''.
(c) Repeal of Existing Provision.--Section 10202 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 7761) is repealed.
(d) Clarification of Use of Funds for Technical Assistance.--
Section 420 of the Plant Protection Act (7 U.S.C. 7721) (as amended by
subsection (a)) is amended by adding at the end the following new
subsection:
``(g) Relationship to Other Law.--The use of Commodity Credit
Corporation funds under this section to provide technical assistance
shall not be considered an allotment or fund transfer from the
Commodity Credit Corporation for purposes of the limit on expenditures
for technical assistance imposed by section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i).''.
SEC. 10014. AUTHORITY FOR REGULATION OF PLANTS.
(a) Regulation of Plants Under Plant Protection Act.--Subject to
subsection (b), any living stage of a plant, including any nucleic acid
or other genetic material as contained in such plant, shall be
exclusively subject to regulation under statutes under which the
Secretary of Agriculture is authorized to issue regulations with
respect to plants, including the Plant Protection Act (7 U.S.C. 7701 et
seq.).
(b) Regulation of Certain Pesticidal Substances Under Federal
Insecticide, Fungicide, and Rodenticide Act.--A pesticidal substance
contained in a plant shall be subject to regulation as a plant-
incorporated protectant (as defined in section 174.3 of title 40, Code
of Federal Regulations, or any successor regulation) under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
(c) Requirements for Regulation of Certain Pesticidal Substances
Under Federal Insecticide, Fungicide, and Rodenticide Act.--The
regulations issued by the Administrator of the Environmental Protection
Agency with respect to plant-incorporated protectants under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.),
including section 3(c)(1)(C) of such Act (7 U.S.C. 136a(c)(1)(C)),
section 3(c)(2)(A) of such Act (7 U.S.C. 136a(c)(2)(A)), section 7 of
such Act (7 U.S.C. 136e), section 8 of such Act (7 U.S.C. 136f),
section 9 of such Act (7 U.S.C. 136g), and section 17 of such Act (7
U.S.C. 136o), shall--
(1) be based on sound science;
(2) use the least burdensome requirements; and
(3) provide for exemptions from the requirements otherwise
applicable to pesticides that are not plant-incorporated
protectants.
(d) Definitions.--In this section:
(1) Plant.--The term ``plant'' has the meaning given such
term in section 403 of the Plant Protection Act (7 U.S.C.
7702).
(2) Pesticidal substance.--The term ``pesticidal
substance'' means a substance or a mixture of substances that--
(A) is contained in any living stage of a plant
that--
(i) as of the date of the enactment of this
subsection, is subject to part 340 of title 7,
Code of Federal Regulations; or
(ii) has been determined not to be a plant
pest under section 411A(b)(2) or deemed not to
be a plant pest under section 411A(b)(4); and
(B) is intended for preventing, destroying,
repelling, or mitigating any pest.
SEC. 10015. REPORT TO CONGRESS ON REGULATION OF BIOTECHNOLOGY.
Not later than one year after the date of the enactment of this
section, the Secretary, in consultation with the Secretary of Health
and Human Services and the Administrator of the Environmental
Protection Agency, shall submit to Congress a report on the measures
taken and proposed to be taken by the Secretaries and the Administrator
to provide for balanced and appropriate regulatory oversight of
agricultural biotechnology products, by--
(1) reducing regulatory burdens on research conducted by
academic institutions, small businesses, and public entities in
developing lower-cost plant and animal sources of food, feed,
fuel, and fiber developed through biotechnology, with special
emphasis on minor use crops, orphan crops, and sources of
protein;
(2) identifying categories of products developed through
biotechnology for which a history of safe use has been
established and providing with respect to such products reduced
data requirements, expedited review periods, exemptions from
regulation, and other measures, as appropriate, based on sound
science; and
(3) developing and implementing a cohesive national policy
for the low-level presence of agronomic biotechnology material
in crops, including grain and other commodity crops, for food,
feed, and processing.
SEC. 10016. PESTICIDE REGISTRATION IMPROVEMENT.
(a) Maintenance Fees.--
(1) Fees.--Section 4(i) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)) is
amended--
(A) in paragraph (5)--
(i) in subparagraph (C), by striking
``aggregate amount of'' and all that follows
through the end of the subparagraph and
inserting ``aggregate amount of $27,800,000 for
each of fiscal years 2013 through 2017.'';
(ii) in subparagraph (D)--
(I) in clause (i), by striking
``shall be'' and all that follows
through the semicolon and inserting
``shall be $115,500 for each of fiscal
years 2013 through 2017;''; and
(II) in clause (ii), by striking
``shall be'' and all that follows
through the period and inserting
``shall be $184,800 for each of fiscal
years 2013 through 2017.'';
(iii) in subparagraph (E)(i)--
(I) in subclause (I), by striking
``shall be'' and all that follows
through the semicolon and inserting
``shall be $70,600 for each of fiscal
years 2013 through 2017;''; and
(II) in subclause (II), by striking
``shall be'' and all that follows
through the period and inserting
``shall be $122,100 for each of fiscal
years 2013 through 2017.'';
(iv) by redesignating subparagraphs (F),
(G), and (H) as subparagraphs (G), (H), and
(I), respectively;
(v) by inserting after subparagraph (E),
the following new subparagraph:
``(F) Fee reduction for certain small businesses.--
``(i) Waiver.--Except as provided in clause
(ii), the Administrator shall waive 25 percent
of the fee under this paragraph applicable to
the first registration of any qualified small
business entity under this paragraph.
``(ii) Limitation.--The Administrator shall
not grant a waiver under clause (i) to a
qualified small business entity if the
Administrator determines that the entity has
been formed or manipulated primarily for the
purpose of qualifying for the waiver.
``(iii) Definition.--For purposes of this
subparagraph, the term `qualified small
business entity' means a corporation,
partnership, or unincorporated business that--
``(I) has 500 or fewer employees;
``(II) during the 3-year period
prior to the most recent maintenance
fee billing cycle, had an average
annual global gross revenue from all
sources that did not exceed
$10,000,000; and
``(III) holds not more than 5
pesticide registrations under this
paragraph.'';
(vi) in subparagraph (G) (as redesignated
by clause (iv)), by striking ``paragraph (3)''
and inserting ``this paragraph''; and
(vii) in subparagraph (I) (as so
redesignated), by striking ``2012'' and
inserting ``2017'';
(B) in paragraph (6)--
(i) by striking ``2014'' and inserting
``2019''; and
(ii) by striking ``paragraphs (1) through
(5)'' and inserting ``paragraph (5)'';
(C) by striking paragraphs (1), (2), (3), (4), and
(7); and
(D) by redesignating paragraphs (5) and (6) as
paragraphs (1) and (2), respectively.
(2) Extension of prohibition on tolerance fees.--Section
408(m)(3) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 346a(m)(3)) is amended by striking ``September 30,
2012'' and inserting ``September 30, 2017''.
(3) Reregistration and expedited processing fund.--
(A) Source and use.--Section 4(k)(2)(A) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136a-1(k)(2)(A)) is amended--
(i) by inserting ``, to enhance the
information systems capabilities to improve the
tracking of pesticide registration decisions,''
after ``paragraph (3)'' each place it appears;
and
(ii) in clause (i)--
(I) by inserting ``offset'' before
``the costs of reregistration''; and
(II) by striking ``in the same
portion as appropriated funds''.
(B) Expedited processing of similar applications.--
Section 4(k)(3)(A) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-
1(k)(3)(A)) is amended--
(i) in the matter preceding clause (i), by
striking ``2008 through 2012, between 1/8 and
1/7'' and inserting ``2013 through 2017,
between 1/9 and 1/8''; and
(ii) in clause (i), by striking ``new''.
(C) Enhancements of information technology systems
for improvement in review of pesticide applications.--
Section 4(k) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a-1(k)) is amended--
(i) by redesignating paragraphs (4) and (5)
as paragraphs (5) and (6), respectively;
(ii) by inserting after paragraph (3) the
following new paragraph:
``(4) Enhancements of information technology systems for
improvement in review of pesticide applications.--
``(A) In general.--For each of fiscal years 2013
through 2017, the Administrator shall use not more than
$800,000 of the amounts made available to the
Administrator in the Reregistration and Expedited
Processing Fund for the activities described in
subparagraph (B).
``(B) Activities.--The Administrator shall use
amounts made available from such Fund to improve the
information systems capabilities for the Office of
Pesticide Programs to enhance tracking of pesticide
registration decisions, which shall include--
``(i) the electronic tracking of--
``(I) registration submissions; and
``(II) the status of conditional
registrations;
``(ii) enhancing the database for
information regarding endangered species
assessments for registration review;
``(iii) implementing the capability to
electronically review labels submitted with
registration actions; and
``(iv) acquiring and implementing the
capability to electronically assess and
evaluate confidential statements of formula
submitted with registration actions.''; and
(iii) in the first sentence of paragraph
(6) (as redesignated by clause (i)), by
striking ``to carry out the goals established
under subsection (l)'' and inserting ``for the
purposes described in paragraphs (2), (3), and
(4) and to carry out the goals established
under subsection (l)''.
(b) Pesticide Registration Service Fees.--
(1) Amount of fees.--Section 33(b) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
8(b)) is amended--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking
``Pesticide Registration Improvement Renewal
Act'' and inserting ``Federal Agriculture
Reform and Risk Management Act of 2012''; and
(ii) in subparagraph (B), by striking
``S10409'' and all that follows through the
period and inserting ``S___ through S___, dated
___.'';
(B) in paragraph (6)--
(i) in subparagraph (A)--
(I) by striking ``October 1, 2008''
and inserting ``October 1, 2013''; and
(II) by striking ``September 30,
2010'' and inserting ``September 30,
2015''; and
(ii) in subparagraph (B)--
(I) by striking ``October 1, 2010''
and inserting ``October 1, 2015''; and
(II) by striking ``September 30,
2010'' and inserting ``September 30,
2015''; and
(C) in paragraph (8)(C)(ii)--
(i) in subclause (I), by striking ``or'' at
the end;
(ii) in subclause (II), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following
new subclause:
``(III) on the basis that the
Administrator rejected the application
under subsection (f)(4)(B).''.
(2) Pesticide registration fund.--Section 33(c)(3)(B) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136w-8(c)(3)(B)) is amended--
(A) in clause (i), by striking ``2008 through
2012'' and inserting ``2013 through 2017'';
(B) in clause (ii), by striking ``grants'' and all
that follows through the end of clause (ii) and
inserting ``grants, for each of fiscal years 2013
through 2017, $500,000.''; and
(C) in clause (iii), by striking ``2008 through
2012'' and inserting ``2013 through 2017''.
(3) Assessment of fees.--Section 33(d) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
8(d)) is amended--
(A) in paragraph (2), by striking ``2002'' each
place it appears and inserting ``2012'';
(B) by striking paragraph (4); and
(C) by redesignating paragraph (5) as paragraph
(4).
(4) Reforms to reduce decision time review periods.--
Section 33(e) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136w-8(e)) is amended by striking
``Pesticide Registration Improvement Act of 2003'' and
inserting ``Federal Agriculture Reform and Risk Management Act
of 2012''.
(5) Decision time review periods.--Section 33(f) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w-8(f)) is amended--
(A) in paragraph (1), by striking ``Pesticide
Registration Improvement Renewal Act'' and inserting
``Federal Agriculture Reform and Risk Management Act of
2012'';
(B) in paragraph (2), by striking ``S10409'' and
all that follows through the period and inserting ``S__
through S___, dated ___.''; and
(C) in paragraph (4)--
(i) in subparagraph (A), by inserting ``and
fee'' before the period; and
(ii) in subparagraph (B)--
(I) in the heading, by striking
``Completeness of application'' and
inserting ``Initial content and
preliminary technical screenings'';
(II) in clause (i)--
(aa) by striking ``Not
later'' and inserting the
following:
``(I) Not later''.
(bb) by adding at the end
the following new subclause:
``(II) After conducting the initial
content screening described in
subclause (I) and in accordance with
clause (iv), the Administrator shall
conduct a preliminary technical
screening--
``(aa) not later than 45
days after the date on which
the decision time review period
begins (for applications with
decision time review periods of
not more than 180 days); and
``(bb) not later than 90
days after the date on which
the decision time review period
begins (for applications with
decision time review periods
greater than 180 days).'';
(III) in clause (ii) by striking
``under clause (i)'' and all that
follows through the period and
inserting ``at any time before the
Administrator completes the preliminary
technical screening under clause
(i)(II) that the application failed the
initial content or preliminary
technical screening and the applicant
does not correct such failure before
the date that is 10 business days after
the applicant receives a notification
of the failure, the Administrator shall
reject the application. The
Administrator shall make every effort
to provide a written notification of
such rejection during the 10-day period
that begins on the date the
Administrator completes the preliminary
technical screening.'';
(IV) in clause (iii)--
(aa) in the heading, by
inserting ``initial content''
before ``screening'' ;
(bb) in the matter
preceding subclause (I), by
inserting ``content'' after
``initial''; and
(cc) in subclause (II), by
striking ``contains'' and
inserting ``appears to
contain''; and
(V) by adding at the end the
following new clause:
``(iv) Requirements of preliminary
technical screening.--In conducting a
preliminary technical screening of an
application, the Administrator shall determine
if--
``(I) the application and the data
and information submitted with such
application are accurate and complete;
and
``(II) the application, data, and
information are consistent with the
proposed labeling and any proposal for
a tolerance or exemption from the
requirement for a tolerance under
section 408 of the Federal Food, Drug,
and Cosmetic Act, and are such that,
subject to full review under the
standards of this Act, could result in
the granting of the application.''.
(6) Reports.--Section 33(k) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(k)) is
amended--
(A) in paragraph (1), by striking ``March 1, 2014''
and inserting ``March 1, 2017''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (vi), by striking
``and'' at the end;
(II) in clause (vii), by inserting
``and'' at the end; and
(III) by adding at the end the
following new clause:
``(viii) the number of extensions of
decision time review periods agreed to under
subsection (f)(5) along with a description of
the reason that the Administrator was unable to
make a decision within the initial decision
time review period;'';
(ii) in subparagraph (E), by striking
``and'' at the end;
(iii) in subparagraph (F), by striking the
period and inserting a semicolon; and
(iv) by adding at the end the following new
subparagraphs:
``(G) a review of the progress made toward--
``(i) carrying out section 4(k)(4) and the
amounts from the Reregistration and Expedited
Processing Fund used for the purposes described
in such section;
``(ii) implementing systems for the
electronic tracking of registration submissions
by December 31, 2013;
``(iii) implementing a system for tracking
the status of conditional registrations,
including making non-confidential information
related to such conditional registrations
publicly available by December 31, 2013;
``(iv) implementing enhancements to the
endangered species knowledge database,
including making non-confidential information
related to such database publicly available;
``(v) implementing the capability to
electronically submit and review labels
submitted with registration actions;
``(vi) acquiring and implementing the
capability to electronically assess and
evaluate confidential statements of formula
submitted with registration actions by December
31, 2014; and
``(vii) facilitating public participation
in certain registration actions and the
registration review process by providing
electronic notification to interested parties
of additions to the public docket;
``(H) the number of applications rejected by the
Administrator under the initial content and preliminary
technical screening conducted under subsection (f)(4);
``(I) a review of the progress made in updating the
Pesticide Incident Data System, including progress
toward making the information contained in such System
available to the public (as the Administrator
determines is appropriate); and
``(J) an assessment of the public availability of
summary pesticide usage data.''.
(7) Termination of effectiveness.--Section 33(m) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w-8(m)) is amended--
(A) in paragraph (1), by striking ``2012'' and
inserting ``2017''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the heading, by striking
``2013'' and inserting ``2018'';
(II) by striking ``2013,'' and
inserting ``2018,''; and
(III) by striking ``September 30,
2012'' and inserting ``September 30,
2017'';
(ii) in subparagraph (B)--
(I) in the heading by striking
``2014'' and inserting ``2019'';
(II) by striking ``2014,'' and
inserting ``2019,''; and
(III) by striking ``September 30,
2012'' and inserting ``September 30,
2017'';
(iii) in subparagraph (C)--
(I) in the heading by striking
``2014'' and inserting ``2019''; and
(II) by striking ``September 30,
2014'' and inserting ``September 30,
2019''; and
(iv) in subparagraph (D), by striking
``2012'' each place it appears and inserting
``2017''.
SEC. 10017. MODIFICATION, CANCELLATION, OR SUSPENSION ON BASIS OF A
BIOLOGICAL OPINION.
(a) In General.--Except in the case of a voluntary request from a
pesticide registrant to amend a registration under section 3 of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a), a
registration of a pesticide may be modified, canceled, or suspended on
the basis of the implementation of a Biological Opinion issued by the
National Marine Fisheries Service or the United States Fish and
Wildlife Service prior to the date of completion of the study referred
to in subsection (b), or January 1, 2014, whichever is earlier, only
if--
(1) the modification, cancellation, or suspension is
undertaken pursuant to section 6 of such Act (7 U.S.C. 136d);
and
(2) the Biological Opinion complies with the
recommendations contained in the study referred to in
subsection (b).
(b) National Academy of Sciences Study.--The study commissioned by
the Administrator of the Environmental Protection Agency on March 10,
2011, shall include, at a minimum, each of the following:
(1) A formal, independent, and external peer review,
consistent with Office of Management and Budget policies, of
each Biological Opinion described in subsection (a).
(2) Assessment of economic impacts of measures or
alternatives recommended in each such Biological Opinion.
(3) An examination of the specific scientific and
procedural questions and issues pertaining to economic
feasibility contained in the June 23, 2011 letter sent to the
Administrator (and other Federal officials) by the Chairmen of
the Committee on Agriculture, the Committee on Natural
Resources, and the Subcommittee on Interior, Environment, and
Related Agencies of the Committee on Appropriations, of the
House of Representatives.
SEC. 10018. USE AND DISCHARGES OF AUTHORIZED PESTICIDES.
(a) Short Title.--This section may be cited as the ``Reducing
Regulatory Burdens Act of 2012''.
(b) Use of Authorized Pesticides.--Section 3(f) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is
amended by adding at the end the following:
``(5) Use of authorized pesticides.--Except as provided in
section 402(s) of the Federal Water Pollution Control Act, the
Administrator or a State may not require a permit under such
Act for a discharge from a point source into navigable waters
of a pesticide authorized for sale, distribution, or use under
this Act, or the residue of such a pesticide, resulting from
the application of such pesticide.''.
(c) Discharges of Pesticides.--Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end
the following:
``(s) Discharges of Pesticides.--
``(1) No permit requirement.--Except as provided in
paragraph (2), a permit shall not be required by the
Administrator or a State under this Act for a discharge from a
point source into navigable waters of a pesticide authorized
for sale, distribution, or use under the Federal Insecticide,
Fungicide, and Rodenticide Act, or the residue of such a
pesticide, resulting from the application of such pesticide.
``(2) Exceptions.--Paragraph (1) shall not apply to the
following discharges of a pesticide or pesticide residue:
``(A) A discharge resulting from the application of
a pesticide in violation of a provision of the Federal
Insecticide, Fungicide, and Rodenticide Act that is
relevant to protecting water quality, if--
``(i) the discharge would not have occurred
but for the violation; or
``(ii) the amount of pesticide or pesticide
residue in the discharge is greater than would
have occurred without the violation.
``(B) Stormwater discharges subject to regulation
under subsection (p).
``(C) The following discharges subject to
regulation under this section:
``(i) Manufacturing or industrial effluent.
``(ii) Treatment works effluent.
``(iii) Discharges incidental to the normal
operation of a vessel, including a discharge
resulting from ballasting operations or vessel
biofouling prevention.''.
SEC. 10019. INCLUSION OF BED BUGS IN DEFINITION OF VECTOR ORGANISMS.
(a) Definition.--Section 2(oo) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136(oo)) is amended by
inserting ``bed bugs,'' after ``cockroaches,''.
(b) Efficacy Data for Exempted Pesticides.--Section 25(b) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(b))
is amended by adding at the end the following new sentences:
``Notwithstanding the exemption of a pesticide under this subsection,
the Administrator shall require the submission of efficacy data (and
evaluate such data) if the pesticide is labeled for or proposed to be
labeled for the control of a pest of public health significance. The
Administrator shall not permit the sale or distribution of any product
that is marketed, distributed, or sold with a claim that such product
will control a public health pest if the efficacy data submitted under
this subsection does not support such claim.''.
SEC. 10020. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title take effect on October 1, 2012.
(b) Exceptions.--The following provisions of this title shall take
effect on the date of the enactment of this Act:
(1) Section 10008.
(2) Section 10009.
(3) Section 10010.
TITLE XI--CROP INSURANCE
SEC. 11001. INFORMATION SHARING.
Section 502(c) of the Federal Crop Insurance Act (7 U.S.C. 1502(c))
is amended by adding at the end the following new paragraph:
``(4) Information.--
``(A) Request.--Subject to subparagraph (B), the
Farm Service Agency shall, in a timely manner, provide
to an agent or an approved insurance provider
authorized by the producer any information (including
Farm Service Agency Form 578s (or any successor form)
or maps (or any corrections to those forms or maps)
that may assist the agent or approved insurance
provider in insuring the producer under a policy or
plan of insurance under this subtitle.
``(B) Privacy.--Except as provided in subparagraph
(C), an agent or approved insurance provider that
receives the information of a producer pursuant to
subparagraph (A) shall treat the information in
accordance with paragraph (1).
``(C) Sharing.--Nothing in this section prohibits
the sharing of the information of a producer pursuant
to subparagraph (A) between the agent and the approved
insurance provider of the producer.''.
SEC. 11002. PUBLICATION OF INFORMATION ON VIOLATIONS OF PROHIBITION ON
PREMIUM ADJUSTMENTS.
Section 508(a)(9) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(9)) is amended by adding at the end the following new
subparagraph:
``(C) Publication of violations.--
``(i) Publication required.--Subject to
clause (ii), the Corporation shall publish in a
timely manner on the website of the Risk
Management Agency information regarding each
violation of this paragraph, including any
sanctions imposed in response to the violation,
in sufficient detail so that the information
may serve as effective guidance to approved
insurance providers, agents, and producers.
``(ii) Protection of privacy.--In providing
information under clause (i) regarding
violations of this paragraph, the Corporation
shall redact the identity of the persons and
entities committing the violations in order to
protect their privacy.''.
SEC. 11003. SUPPLEMENTAL COVERAGE OPTION.
(a) Availability of Supplemental Coverage Option.--Paragraph (3) of
section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is
amended to read as follows:
``(3) Yield and loss basis options.--A producer shall have
the option of purchasing additional coverage based on--
``(A)(i) an individual yield and loss basis; or
``(ii) an area yield and loss basis;
``(B) an individual yield and loss basis,
supplemented with coverage based on an area yield and
loss basis to cover a part of the deductible under the
individual yield and loss policy, as described in
paragraph (4)(C); or
``(C) a margin basis alone or in combination with
the coverages available in subparagraph (A) or (B).''.
(b) Level of Coverage.--Paragraph (4) of section 508(c) of the
Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended to read as
follows:
``(4) Level of coverage.--
``(A) Dollar denomination and percentage of
yield.--Except as provided in subparagraph (C), the
level of coverage--
``(i) shall be dollar denominated; and
``(ii) may be purchased at any level not to
exceed 85 percent of the individual yield or 95
percent of the area yield (as determined by the
Corporation).
``(B) Information.--The Corporation shall provide
producers with information on catastrophic risk and
additional coverage in terms of dollar coverage (within
the allowable limits of coverage provided in this
paragraph).
``(C) Supplemental coverage option.--
``(i) In general.--Notwithstanding
subparagraph (A), in the case of the
supplemental coverage option described in
paragraph (3)(B), the Corporation shall offer
producers the opportunity to purchase coverage
in combination with a policy or plan of
insurance offered under this subtitle that
would allow indemnities to be paid to a
producer equal to a part of the deductible
under the policy or plan of insurance--
``(I) at a county-wide level to the
fullest extent practicable; or
``(II) in counties that lack
sufficient data, on the basis of such
larger geographical area as the
Corporation determines to provide
sufficient data for purposes of
providing the coverage.
``(ii) Trigger.--Coverage offered under
paragraph (3)(B) and clause (i) shall be
triggered only if the losses in the area exceed
10 percent of normal levels (as determined by
the Corporation).
``(iii) Coverage.--Subject to the trigger
described in clause (ii), coverage offered
under paragraph (3)(B) and clause (i) shall not
exceed the difference between--
``(I) 90 percent; and
``(II) the coverage level selected
by the producer for the underlying
policy or plan of insurance.
``(iv) Ineligible crops and acres.--Crops
for which the producer has elected under
section 1107(c)(1) of the Federal Agriculture
Reform and Risk Management Act of 2012 to
receive revenue loss coverage and acres that
are enrolled in the stacked income protection
plan under section 508B shall not be eligible
for supplemental coverage under this
subparagraph.
``(v) Calculation of premium.--
Notwithstanding subsection (d), the premium for
coverage offered under paragraph (3)(B) and
clause (i) shall--
``(I) be sufficient to cover
anticipated losses and a reasonable
reserve; and
``(II) include an amount for
operating and administrative expenses
established in accordance with
subsection (k)(4)(F).''.
(c) Payment of Portion of Premium by Corporation.--Section
508(e)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is
amended by adding at the end the following new subparagraph:
``(H) In the case of the supplemental coverage
option authorized in subsection (c)(4)(C), the amount
shall be equal to the sum of--
``(i) 70 percent of the additional premium
associated with the coverage; and
``(ii) the amount determined under
subsection (c)(4)(C)(vi)(II), subject to
subsection (k)(4)(F), for the coverage to cover
operating and administrative expenses.''.
(d) Effective Date.--The Federal Crop Insurance Corporation shall
begin to provide additional coverage based on an individual yield and
loss basis, supplemented with coverage based on an area yield and loss
basis, not later than for the 2013 crop year.
SEC. 11004. PREMIUM AMOUNTS FOR CATASTROPHIC RISK PROTECTION.
Subparagraph (A) of section 508(d)(2) of the Federal Crop Insurance
Act (7 U.S.C. 1508(d)(2)) is amended to read as follows:
``(A) In the case of catastrophic risk protection,
the amount of the premium established by the
Corporation for each crop for which catastrophic risk
protection is available shall be reduced by the
percentage equal to the difference between the average
loss ratio for the crop and 100 percent, plus a
reasonable reserve.''.
SEC. 11005. REPEAL OF PERFORMANCE-BASED DISCOUNT.
(a) Repeal.--Section 508(d) of the Federal Crop Insurance Act (7
U.S.C. 1508(d)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(b) Conforming Amendment.--Section 508(a)(9)(B) of the Federal Crop
Insurance Act (7 U.S.C. 1508(a)(9)(B)) is amended--
(1) by inserting ``or'' at the end of clause (i);
(2) by striking clause (ii); and
(3) by redesignating clause (iii) as clause (ii).
SEC. 11006. PERMANENT ENTERPRISE UNIT SUBSIDY.
Subparagraph (A) of section 508(e)(5) of the Federal Crop Insurance
Act (7 U.S.C. 1508(e)(5)) is amended to read as follows:
``(A) In general.--The Corporation may pay a
portion of the premiums for plans or policies of
insurance for which the insurable unit is defined on a
whole farm or enterprise unit basis that is higher than
would otherwise be paid in accordance with paragraph
(2).''.
SEC. 11007. ENTERPRISE UNITS FOR IRRIGATED AND NONIRRIGATED CROPS.
Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(5)) is amended by adding at the end the following new
subparagraph:
``(D) Nonirrigated crops.--Beginning with the 2013
crop year, the Corporation shall make available
separate enterprise units for irrigated and
nonirrigated acreage of crops in counties.''.
SEC. 11008. DATA COLLECTION.
Section 508(g)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)(2)) is amended by adding at the end the following new
subparagraph:
``(E) Sources of yield data.--To determine yields
under this paragraph, the Corporation--
``(i) shall use county data collected by
the Risk Management Agency or the National
Agricultural Statistics Service, or both; or
``(ii) if sufficient county data is not
available, may use other data considered
appropriate by the Secretary.''.
SEC. 11009. ADJUSTMENT IN ACTUAL PRODUCTION HISTORY TO ESTABLISH
INSURABLE YIELDS.
Section 508(g)(4)(B) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)(4)(B)) is amended by striking ``60'' each place it appears and
inserting ``70''.
SEC. 11010. SUBMISSION AND REVIEW OF POLICIES.
Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h))
is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting
appropriately;
(B) by striking ``(1) In general.--In addition''
and inserting the following:
``(1) Authority to submit.--
``(A) In general.--In addition''; and
(C) by adding at the end the following new
subparagraph:
``(B) Review and submission by corporation.--The
Corporation shall review any policy developed under
section 522(c) or any pilot program developed under
section 523 and submit the policy or program to the
Board under this subsection if the Corporation, at the
sole discretion of the Corporation, finds that the
policy or program--
``(i) will likely result in a viable and
marketable policy consistent with this
subsection;
``(ii) would provide crop insurance
coverage in a significantly improved form; and
``(iii) adequately protects the interests
of producers.''; and
(2) in paragraph (3)--
(A) by striking ``A policy'' and inserting the
following:
``(A) In general.--A policy''; and
(B) by adding at the end the following new
subparagraph:
``(B) Specified review and approval priorities.--In
reviewing policies and other materials submitted to the
Board under this subsection for approval, the Board--
``(i) shall make the development and
approval of a revenue policy for peanut
producers a priority so that a revenue policy
is available to peanut producers in time for
the 2013 crop year;
``(ii) shall make the development and
approval of a downed rice policy and margin
coverage policy for rice producers a priority
so that each policy is available to rice
producers in time for the 2013 crop year; and
``(iii) may approve a submission that is
made pursuant to this subsection that would,
beginning with the 2013 crop year, allow
producers that purchase policies in accordance
with subsection (e)(5)(A) to separate
enterprise units by risk rating for acreage of
crops in counties.''.
SEC. 11011. EQUITABLE RELIEF FOR SPECIALTY CROP POLICIES.
Section 508(k)(8)(E) of the Federal Crop Insurance Act of 1938 (7
U.S.C. 1508(k)(8)(E)) is amended by adding at the end the following new
clause:
``(iii) Equitable relief for specialty crop
policies.--
``(I) In general.--For each of the
2011 through 2015 reinsurance years, in
addition to the total amount of funding
for reimbursement of administrative and
operating costs that is otherwise
required to be made available in each
such reinsurance year pursuant to an
agreement entered into by the
Corporation, the Corporation shall use
$41,000,000 to provide additional
reimbursement with respect to eligible
insurance contracts for any
agricultural commodity that is not
eligible for a benefit under subtitles
A, B or C of title I of the Federal
Agriculture Reform and Risk Management
Act of 2012.
``(II) Treatment.--Additional
reimbursements made under this clause
shall be included as part of the base
level of administrative and operating
expense reimbursement to which any
limit on compensation to persons
involved in the direct sale and service
of any eligible crop insurance contract
required under an agreement entered
into by the Corporation is applied.
``(III) Rule of construction.--
Nothing in this clause shall be
construed as statutory assent to the
limit described in subclause (II).''.
SEC. 11012. BUDGET LIMITATIONS ON RENEGOTIATION OF THE STANDARD
REINSURANCE AGREEMENT.
Section 508(k)(8) of the Federal Crop Insurance Act of 1938 (7
U.S.C. 1508(k)(8)) is amended by adding at the end the following new
subparagraph:
``(F) Budget.--
``(i) In general.--The Board shall ensure
that any Standard Reinsurance Agreement
negotiated under subparagraph (A)(ii), as
compared to the previous Standard Reinsurance
Agreement--
``(I) to the maximum extent
practicable, shall be budget neutral;
and
``(II) in no event, may
significantly depart from budget
neutrality.
``(ii) Use of savings.--To the extent that
any budget savings is realized in the
renegotiation of a Standard Reinsurance
Agreement under subparagraph (A)(ii), and the
savings are determined not to be a significant
departure from budget neutrality under clause
(i), the savings shall be used to increase the
obligations of the Corporation under
subsections (e)(2) or (k)(4) or section 523.''.
SEC. 11013. CROP PRODUCTION ON NATIVE SOD.
(a) Federal Crop Insurance.--Section 508(o) of the Federal Crop
Insurance Act (7 U.S.C. 1508(o)) is amended--
(1) in paragraph (1)(B), by inserting ``, or the producer
cannot substantiate that the ground has ever been tilled,''
after ``tilled'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking
``Ineligibility for'' and inserting ``Reduction in'';
and
(B) in subparagraph (A), by striking ``for benefits
under--'' and all that follows through the period at
the end and inserting ``for--
``(i) a portion of crop insurance premium
subsidies under this subtitle in accordance
with paragraph (3);
``(ii) benefits under section 196 of the
Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333); and
``(iii) payments described in subsection
(b) or (c) of section 1001 of the Food Security
Act of 1985 (7 U.S.C. 1308).''; and
(3) by striking paragraph (3) and inserting the following
new paragraphs:
``(3) Administration.--
``(A) In general.--During the first 4 crop years of
planting on native sod acreage by a producer described
in paragraph (2)--
``(i) paragraph (2) shall apply to 65
percent of the transitional yield of the
producer; and
``(ii) the crop insurance premium subsidy
provided for the producer under this subtitle
shall be 50 percentage points less than the
premium subsidy that would otherwise apply.
``(B) Yield substitution.--During the period native
sod acreage is covered by this subsection, a producer
may not substitute yields for the native sod acreage.
``(4) Application.--This subsection shall only apply to
native sod in the Prairie Pothole National Priority Area.''.
(b) Noninsured Crop Disaster Assistance.--Section 196(a)(4) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333(a)(4)) is amended--
(1) in the paragraph heading, by striking ``ineligibility''
and inserting ``benefit reduction'';
(2) in subparagraph (A)(ii), by inserting ``, or the
producer cannot substantiate that the ground has ever been
tilled,'' after ``tilled'';
(3) in subparagraph (B)--
(A) in the subparagraph heading, by striking
``Ineligibility'' and inserting ``Reduction in''; and
(B) in clause (i), by striking ``for benefits
under--'' and all that follows through the period at
the end and inserting ``for--
``(I) benefits under this section;
``(II) a portion of crop insurance
premium subsidies under the Federal
Crop Insurance Act (7 U.S.C. 1501 et
seq.) in accordance with subparagraph
(C); and
``(III) payments described in
subsection (b) or (c) of section 1001
of the Food Security Act of 1985 (7
U.S.C. 1308).''; and
(4) by striking subparagraph (C) and inserting the
following new subparagraphs:
``(C) Administration.--
``(i) In general.--During the first 4 crop
years of planting on native sod acreage by a
producer described in subparagraph (B)--
``(I) subparagraph (B) shall apply
to 65 percent of the transitional yield
of the producer; and
``(II) the crop insurance premium
subsidy provided for the producer under
the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) shall be 50
percentage points less than the premium
subsidy that would otherwise apply.
``(ii) Yield substitution.--During the
period native sod acreage is covered by this
paragraph, a producer may not substitute yields
for the native sod acreage.
``(D) Application.--This paragraph shall only apply
to native sod in the Prairie Pothole National Priority
Area.''.
(c) Cropland Report.--
(1) Baseline.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that describes the cropland
acreage in each applicable county and State, and the change in
cropland acreage from the preceding year in each applicable
county and State, beginning with calendar year 2000 and
including that information for the most recent year for which
that information is available.
(2) Annual updates.--Not later than January 1, 2014, and
each January 1 thereafter through January 1, 2017, the
Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
(A) the cropland acreage in each applicable county
and State as of the date of submission of the report;
and
(B) the change in cropland acreage from the
preceding year in each applicable county and State.
SEC. 11014. COVERAGE LEVELS BY PRACTICE.
Section 508 of the Federal Crop Insurance Act of 1938 (7 U.S.C.
1508) is amended by adding at the end the following new subsection:
``(p) Coverage Levels by Practice.--Beginning with the 2014 crop
year, a producer that produces an agricultural commodity on both dry
land and irrigated land may elect a different coverage level for each
production practice.''.
SEC. 11015. BEGINNING FARMER AND RANCHER PROVISIONS.
(a) Definition.--Section 502(b) of the Federal Crop Insurance Act
(7 U.S.C. 1502(b)) is amended--
(1) by redesignating paragraphs (3) through (9) as
paragraphs (4) through (10), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Beginning farmer or rancher.--The term `beginning
farmer or rancher' means a farmer or rancher who has not
actively operated and managed a farm or ranch with a bona fide
insurable interest in a crop or livestock as an owner-operator,
landlord, tenant, or sharecropper for more than 5 crop years,
as determined by the Secretary.''.
(b) Premium Adjustments.--Section 508 of the Federal Crop Insurance
Act (7 U.S.C. 1508) is amended--
(1) in subsection (b)(5)(E), by inserting ``and beginning
farmers or ranchers'' after ``limited resource farmers'';
(2) in subsection (e), by adding at the end the following
new paragraph:
``(8) Premium for beginning farmers or ranchers.--
Notwithstanding any other provision of this subsection
regarding payment of a portion of premiums, a beginning farmer
or rancher shall receive premium assistance that is 10
percentage points greater than premium assistance that would
otherwise be available under paragraphs (2) (except for
subparagraph (A) of that paragraph), (5), (6), and (7) for the
applicable policy, plan of insurance, and coverage level
selected by the beginning farmer or rancher.''; and
(3) in subsection (g)--
(A) in paragraph (2)(B)--
(i) in clause (i), by striking ``or'' at
the end;
(ii) in clause (ii)(III), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) if the producer is a beginning
farmer or rancher who was previously involved
in a farming or ranching operation, including
involvement in the decisionmaking or physical
involvement in the production of the crop or
livestock on the farm, for any acreage obtained
by the beginning farmer or rancher, a yield
that is the higher of--
``(I) the actual production history
of the previous producer of the crop or
livestock on the acreage determined
under subparagraph (A); or
``(II) a yield of the producer, as
determined in clause (i).''; and
(B) in paragraph (4)(B)(ii) (as amended by section
11009)--
(i) by inserting ``(I)'' after ``(ii)'';
(ii) by striking the period at the end and
inserting ``; or''; and
(iii) by adding at the end the following:
``(II) in the case of
beginning farmers or ranchers,
replace each excluded yield
with a yield equal to 80
percent of the applicable
transitional yield.''.
SEC. 11016. STACKED INCOME PROTECTION PLAN FOR PRODUCERS OF UPLAND
COTTON.
(a) Availability of Stacked Income Protection Plan for Producers of
Upland Cotton.--The Federal Crop Insurance Act is amended by inserting
after section 508A (7 U.S.C. 1508a) the following new section:
``SEC. 508B. STACKED INCOME PROTECTION PLAN FOR PRODUCERS OF UPLAND
COTTON.
``(a) Availability.--Beginning not later than the 2013 crop of
upland cotton, the Corporation shall make available to producers of
upland cotton an additional policy (to be known as the `Stacked Income
Protection Plan'), which shall provide coverage consistent with the
Group Risk Income Protection Plan (and the associated Harvest Revenue
Option Endorsement) offered by the Corporation for the 2011 crop year.
``(b) Required Terms.--The Corporation may modify the Stacked
Income Protection Plan on a program-wide basis, except that the Stacked
Income Protection Plan shall comply with the following requirements:
``(1) Provide coverage for revenue loss of not less than 10
percent and not more than 30 percent of expected county
revenue, specified in increments of 5 percent. The deductible
is the minimum percent of revenue loss at which indemnities are
triggered under the plan, not to be less than 10 percent of the
expected county revenue.
``(2) Be offered to producers of upland cotton in all
counties with upland cotton production--
``(A) at a county-wide level to the fullest extent
practicable; or
``(B) in counties that lack sufficient data, on the
basis of such larger geographical area as the
Corporation determines to provide sufficient data for
purposes of providing the coverage.
``(3) Be purchased in addition to any other individual or
area coverage in effect on the producer's acreage or as a
stand-alone policy, except that if a producer has an individual
or area coverage for the same acreage, the maximum coverage
available under the Stacked Income Protection Plan shall not
exceed the deductible for the individual or area coverage.
``(4) Establish coverage based on--
``(A) an expected price that is the higher of--
``(i) the expected price established under
existing Group Risk Income Protection or area
wide policy offered by the Corporation for the
applicable county (or area) and crop year; or
``(ii) $0.6861 per pound; and
``(B) an expected county yield that is the higher
of--
``(i) the expected county yield established
for the existing area-wide plans offered by the
Corporation for the applicable county (or area)
and crop year (or, in geographic areas where
area-wide plans are not offered, an expected
yield determined in a manner consistent with
those of area-wide plans); or
``(ii) the average of the applicable yield
data for the county (or area) for the most
recent 5 years, excluding the highest and
lowest observations, from the Risk Management
Agency or the National Agricultural Statistics
Service (or both) or, if sufficient county data
is not available, such other data considered
appropriate by the Secretary.
``(5) Use a multiplier factor to establish maximum
protection per acre (referred to as a `protection factor') of
not less than the higher of the level established on a program
wide basis or 120 percent.
``(6) Pay an indemnity based on the amount that the
expected county revenue exceeds the actual county revenue, as
applied to the individual coverage of the producer. Indemnities
under the Stacked Income Protection Plan shall not include or
overlap the amount of the deductible selected under paragraph
(1).
``(7) In all counties for which data are available,
establish separate coverage levels for irrigated and non-
irrigated practices.
``(c) Reinsurance.--When the $0.6861 reference price is equal to or
greater than the expected price established under the existing Group
Risk Income Protection or area wide policy offered by the Corporation
for the applicable county (or area) and crop year or the yield
established under subsection (b)(4)(B) is used to establish the
expected county yield, the Corporation shall reinsure at 100 percent
that portion of the indemnity that is attributable to the difference
between--
``(1) the $0.6861 reference price and the expected price
established under the existing Group Risk Income Protection or
area wide policy offered by the Corporation for the applicable
county (or area) and crop year; and
``(2) the yield established under subsection (b)(4)(B).
``(d) Premium.--Notwithstanding section 508(d), the premium for the
Stacked Income Protection Plan shall--
``(1) be sufficient to cover anticipated losses and a
reasonable reserve; and
``(2) include an amount for operating and administrative
expenses established in accordance with section 508(k)(4)(F).
``(e) Payment of Portion by Corporation.--Subject to section
508(e)(4), the amount of premium paid by the Corporation for all
qualifying coverage levels of the Stacked Income Protection Plan shall
be--
``(1) 80 percent of the amount of the premium established
under subsection (d) for the coverage level selected; and
``(2) the amount determined under subsection (d)(2),
subject to section 508(k)(4)(F), for the coverage to cover
administrative and operating expenses.
``(f) Relation to Other Coverages.--The Stacked Income Protection
Plan is in addition to all other coverages available to producers of
upland cotton.''.
(b) Conforming Amendment.--Section 508(k)(4)(F) of the Federal Crop
Insurance Act (7 U.S.C. 1508(k)(4)(F)) is amended by inserting ``or
authorized under subsection (c)(4)(C) or section 508B'' after ``of this
subparagraph''.
SEC. 11017. PEANUT REVENUE CROP INSURANCE.
The Federal Crop Insurance Act is amended by inserting after
section 508B, as added by the previous section, the following new
section:
``SEC. 508C. PEANUT REVENUE CROP INSURANCE.
``(a) In General.--Effective beginning with the 2013 crop year, the
Risk Management Agency and the Corporation shall make available to
producers of peanuts a revenue crop insurance program for peanuts.
``(b) Effective Price.--Subject to subsection (c), for purposes of
the revenue crop insurance program and the multiperil crop insurance
program under this Act, the effective price for peanuts shall be equal
to the Rotterdam price index for peanuts, as adjusted to reflect the
farmer stock price of peanuts in the United States.
``(c) Adjustments.--
``(1) In general.--The effective price for peanuts
established under subsection (b) may be adjusted by the Risk
Management Agency and the Corporation to correct distortions.
``(2) Administration.--If an adjustment is made under
paragraph (1), the Risk Management Agency and the Corporation
shall--
``(A) make the adjustment in an open and
transparent manner; and
``(B) submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes the reasons for the
adjustment.''.
SEC. 11018. AUTHORITY TO CORRECT ERRORS.
Section 515(c) of the Federal Crop Insurance Act (7 U.S.C. 1515(c))
is amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) In general.--The Secretary'';
(2) in the second sentence, by striking ``Beginning with''
and inserting the following:
``(2) Frequency.--Beginning with''; and
(3) by adding at the end the following new paragraph:
``(3) Corrections.--
``(A) In general.--In addition to the corrections
permitted by the Corporation as of the date of
enactment of the Federal Agriculture Reform and Risk
Management Act of 2012, the Corporation shall allow an
agent or an approved insurance provider, subject to
subparagraph (B)--
``(i) within a reasonable amount of time
following the applicable sales closing date, to
correct unintentional errors in information
that is provided by a producer for the purpose
of obtaining coverage under any policy or plan
of insurance made available under this subtitle
to ensure that the eligibility information is
correct;
``(ii) within a reasonable amount of time
following--
``(I) the acreage reporting date,
to correct unintentional errors in
factual information that is provided by
a producer after the sales closing date
to reconcile the information with the
information reported by the producer to
the Farm Service Agency; or
``(II) the date of any subsequent
correction of data by the Farm Service
Agency made as a result of the
verification of information; and
``(iii) at any time, to correct
unintentional errors that were made by the Farm
Service Agency or an agent or approved
insurance provider in transmitting the
information provided by the producer to the
approved insurance provider or the Corporation.
``(B) Limitation.--In accordance with the
procedures of the Corporation, correction to the
information described in clauses (i) and (ii) of
subparagraph (A) may only be made if the corrections do
not allow the producer--
``(i) to avoid ineligibility requirements
for insurance;
``(ii) to obtain, enhance, or increase an
insurance guarantee or indemnity, or avoid
premium owed, if a cause of loss exists or has
occurred before any correction has been made;
or
``(iii) to avoid an obligation or
requirement under any Federal or State law.
``(C) Exception to late filing sanctions.--Any
corrections made pursuant to this paragraph shall not
be subject to any late filing sanctions authorized in
the reinsurance agreement with the Corporation.''.
SEC. 11019. IMPLEMENTATION.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is
amended--
(1) in subsection (j), by striking paragraph (1) and
inserting the following new paragraph:
``(1) Systems maintenance and upgrades.--
``(A) In general.--The Secretary shall maintain and
upgrade the information management systems of the
Corporation used in the administration and enforcement
of this subtitle.
``(B) Requirement.--
``(i) In general.--In maintaining and
upgrading the systems, the Secretary shall
ensure that new hardware and software are
compatible with the hardware and software used
by other agencies of the Department to maximize
data sharing and promote the purposes of this
section.
``(ii) Acreage report streamlining
initiative project.--As soon as practicable,
the Secretary shall develop and implement an
acreage report streamlining initiative project
to allow producers to report acreage and other
information directly to the Department.''; and
(2) in subsection (k), by striking paragraph (1) and
inserting the following new paragraph:
``(1) Information technology.--
``(A) In general.--For purposes of subsection
(j)(1), the Corporation may use, from amounts made
available from the insurance fund established under
section 516(c), not more than--
``(i)(I) for fiscal year 2013, $25,000,000;
and
``(II) for each of fiscal years 2014
through 2017, $10,000,000; or
``(ii) if the Acreage Crop Reporting
Streamlining Initiative (ACRSI) project is
substantially completed by September 30, 2014,
not more than $15,000,000 for each of the
fiscal years 2014 through 2017.
``(B) Notification.--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
substantial completion of the Acreage Crop Reporting
Streamlining Initiative (ACRSI) project not later than
July 1, 2014.''.
SEC. 11020. RESEARCH AND DEVELOPMENT PRIORITIES.
Section 522(c)(6) of the Federal Crop Insurance Act (7 U.S.C.
1522(c)(6)) is amended by striking ``a pasture, range, and forage
program'' and inserting ``policies that increase participation by
producers of underserved agricultural commodities, including sweet
sorghum, biomass sorghum, rice, peanuts, and sugarcane''.
SEC. 11021. ADDITIONAL RESEARCH AND DEVELOPMENT CONTRACTING
REQUIREMENTS.
Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c))
is amended--
(1) in paragraph (10)--
(A) in subparagraph (A), by striking ``the Food,
Conservation, and Energy Act of 2008'' and inserting
``the Federal Agriculture Reform and Risk Management
Act of 2012'';
(B) in subparagraph (B)(iii), by striking ``2009''
and inserting ``2013''; and
(C) in subparagraph (C)--
(i) in clause (ii), by striking ``2010''
and inserting ``2013''; and
(ii) in clause (iii), by striking ``Food,
Conservation, and Energy Act of 2008'' and
inserting ``the Federal Agriculture Reform and
Risk Management Act of 2012'';
(2) by redesignating paragraph (17) as paragraph (24); and
(3) by inserting after paragraph (16), the following new
paragraphs:
``(17) Margin coverage for catfish.--
``(A) In general.--The Corporation shall offer to
enter into a contract with a qualified entity to
conduct research and development regarding a policy to
insure producers against reduction in the margin
between the market value of catfish and selected costs
incurred in the production of catfish.
``(B) Eligibility.--Eligibility for the policy
described in subparagraph (A) shall be limited to
freshwater species of catfish that are propagated and
reared in controlled or selected environments.
``(C) Implementation.--The Board shall review the
policy described in subparagraph (B) under subsection
508(h) and approve the policy if the Board finds that
the policy--
``(i) will likely result in a viable and
marketable policy consistent with this
subsection;
``(ii) would provide crop insurance
coverage in a significantly improved form;
``(iii) adequately protects the interests
of producers; and
``(iv) the proposed policy meets other
requirements of this subtitle determined
appropriate by the Board.
``(18) Biomass and sweet sorghum energy crop insurance
policies.--
``(A) Authority.--The Corporation shall offer to
enter into 1 or more contracts with qualified entities
to carry out research and development regarding--
``(i) a policy to insure biomass sorghum
that is grown expressly for the purpose of
producing a feedstock for renewable biofuel,
renewable electricity, or biobased products;
and
``(ii) a policy to insure sweet sorghum
that is grown for a purpose described in clause
(i).
``(B) Research and development.--Research and
development with respect to each of the policies
required in subparagraph (A) shall evaluate the
effectiveness of risk management tools for the
production of biomass sorghum or sweet sorghum,
including policies and plans of insurance that--
``(i) are based on market prices and
yields;
``(ii) to the extent that insufficient data
exist to develop a policy based on market
prices and yields, evaluate the policies and
plans of insurance based on the use of weather
indices, including excessive or inadequate
rainfall, to protect the interest of crop
producers; and
``(iii) provide protection for production
or revenue losses, or both.
``(19) Study on swine catastrophic disease program.--
``(A) In general.--The Corporation shall contract
with a qualified person to conduct a study to determine
the feasibility of insuring swine producers for a
catastrophic event.
``(B) Report.--Not later than 1 year after the date
of the enactment of this paragraph, the Corporation
shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes the results of the study
conducted under subparagraph (A).
``(20) Whole farm diversified risk management insurance
plan.--
``(A) In general.--The Corporation shall conduct
activities or enter into contracts to carry out
research and development to develop a whole farm risk
management insurance plan, with a liability limitation
of $1,000,000, that allows a diversified crop or
livestock producer the option to qualify for an
indemnity if actual gross farm revenue is below 85
percent of the average gross farm revenue or the
expected gross farm revenue that can reasonably be
expected of the producer, as determined by the
Corporation.
``(B) Eligible producers.--The Corporation shall
permit producers (including direct-to-consumer
marketers and producers servicing local and regional
and farm identity-preserved markets) who produce
multiple agricultural commodities, including specialty
crops, industrial crops, livestock, and aquaculture
products, to participate in the plan in lieu of any
other plan under this subtitle.
``(C) Diversification.--The Corporation may provide
diversification-based additional coverage payment
rates, premium discounts, or other enhanced benefits in
recognition of the risk management benefits of crop and
livestock diversification strategies for producers that
grow multiple crops or that may have income from the
production of livestock that uses a crop grown on the
farm.
``(D) Market readiness.--The Corporation may
include coverage for the value of any packing,
packaging, or any other similar on-farm activity the
Corporation determines to be the minimum required in
order to remove the commodity from the field.
``(E) Report.--Not later than 2 years after the
date of enactment of this paragraph, the Corporation
shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes the results and feasibility of
the research and development conducted under this
paragraph, including an analysis of potential adverse
market distortions.
``(21) Study of food safety insurance.--
``(A) In general.--The Corporation shall offer to
enter into a contract with 1 or more qualified entities
to conduct a study to determine whether offering
policies that provide coverage for specialty crops from
food safety and contamination issues would benefit
agricultural producers.
``(B) Subject.--The study described in subparagraph
(A) shall evaluate policies and plans of insurance
coverage that provide protection for production or
revenue impacted by food safety concerns including, at
a minimum, government, retail, or national consumer
group announcements of a health advisory, removal, or
recall related to a contamination concern.
``(C) Report.--Not later than 1 year after the date
of enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
describes the results of the study conducted under
subparagraph (A).
``(22) Study on poultry catastrophic disease program.--
``(A) In general.--The Corporation shall contract
with a qualified person to conduct a study to determine
the feasibility of insuring poultry producers for a
catastrophic event.
``(B) Report.--Not later than 1 year after the date
of the enactment of this paragraph, the Corporation
shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes the results of the study
conducted under subparagraph (A).
``(23) Poultry business interruption insurance policy.--
``(A) Authority.--The Corporation shall offer to
enter into a contract or cooperative agreement with a
university or other legal entity to carry out research
and development regarding a policy to insure the
commercial production of poultry against business
interruptions caused by integrator bankruptcy.
``(B) Research and development.--As part of the
research and development conducted pursuant to a
contract or cooperative agreement entered into under
subparagraph (A), the entity shall--
``(i) evaluate the market place for
business interruption insurance that is
available to poultry growers;
``(ii) determine what statutory authority
would be necessary to implement a business
interruption insurance through the Corporation;
``(iii) assess the feasibility of a policy
or plan of insurance offered under this
subtitle to insure against losses due to the
bankruptcy of an business integrator; and
``(iv) analyze the costs to the Federal
Government of a Federal business interruption
insurance program for poultry growers.
``(C) Definitions.--In this paragraph, the terms
`poultry' and `poultry grower' have the meanings given
those terms in section 2(a) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 182(a)).
``(D) Deadline for contract or cooperative
agreement.--Not later than six months after the date of
the enactment of this paragraph, the Corporation shall
enter into the contract or cooperative agreement
required by subparagraph (A).
``(E) Deadline for completion of research and
development.--Not later than one year after the date of
the enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
describes the results of the research and development
conducted pursuant to the contract or cooperative
agreement entered into under subparagraph (A).''.
SEC. 11022. PILOT PROGRAMS.
Section 523(a) of the Federal Crop Insurance Act (7 U.S.C. 1523(a))
is amended--
(1) in paragraph (1), by inserting ``, at the sole
discretion of the Corporation,'' after ``may''; and
(2) by striking paragraph (5).
SEC. 11023. LIMITATION ON EXPENDITURES FOR LIVESTOCK PILOT PROGRAMS.
Section 523(b)(10) of the Federal Crop Insurance Act (7 U.S.C.
1523(b)(10)) is amended--
(1) in subparagraph (C), by striking ``fiscal year 2004 and
each subsequent fiscal year'' and inserting ``each of fiscal
years 2004 through 2012''; and
(2) by adding at the end the following new subparagraph:
``(D) $50,000,000 for fiscal year 2013 and each
subsequent fiscal year.''.
SEC. 11024. NONINSURED CROP ASSISTANCE PROGRAM.
Section 196 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333), as amended by section 11013(b)) is further
amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following new paragraph:
``(1) In general.--
``(A) Coverages.--In the case of an eligible crop
described in paragraph (2), the Secretary of
Agriculture shall operate a noninsured crop disaster
assistance program to provide coverages based on
individual yields (other than for value-loss crops)
equivalent to--
``(i) catastrophic risk protection
available under section 508(b) of the Federal
Crop Insurance Act (7 U.S.C. 1508(b)); or
``(ii) additional coverage available under
subsections (c) and (h) of section 508 of that
Act (7 U.S.C. 1508) that does not exceed 65
percent.
``(B) Administration.--The Secretary shall carry
out this section through the Farm Service Agency
(referred to in this section as the `Agency').''; and
(B) in paragraph (2)(A)--
(i) in clause (i), by striking ``and''
after the semicolon at the end;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following new clause:
``(ii) for which additional
coverage under subsections (c) and (h)
of section 508 of that Act (7 U.S.C.
1508) is not available; and'';
(2) in subsection (d), by striking ``The Secretary'' and
inserting ``Subject to subsection (l), the Secretary''; and
(3) by adding at the end the following new subsection:
``(l) Payment Equivalent to Additional Coverage.--
``(1) In general.--The Secretary shall make available to a
producer eligible for noninsured assistance under this section
a payment equivalent to an indemnity for additional coverage
under subsections (c) and (h) of section 508 of the Federal
Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65
percent of the established yield for the eligible crop on the
farm, computed by multiplying--
``(A) the quantity that is not greater than 65
percent of the established yield for the crop, as
determined by the Secretary, specified in increments of
5 percent;
``(B) 100 percent of the average market price for
the crop, as determined by the Secretary; and
``(C) a payment rate for the type of crop, as
determined by the Secretary, that reflects--
``(i) in the case of a crop that is
produced with a significant and variable
harvesting expense, the decreasing cost
incurred in the production cycle for the crop
that is, as applicable--
``(I) harvested;
``(II) planted but not harvested;
or
``(III) prevented from being
planted because of drought, flood, or
other natural disaster, as determined
by the Secretary; or
``(ii) in the case of a crop that is
produced without a significant and variable
harvesting expense, such rate as shall be
determined by the Secretary.
``(2) Premium.--To be eligible to receive a payment under
this subsection, a producer shall pay--
``(A) the service fee required by subsection (k);
and
``(B) a premium for the applicable crop year that
is equal to the product obtained by multiplying--
``(i) the number of acres devoted to the
eligible crop;
``(ii) the established yield for the
eligible crop, as determined by the Secretary
under subsection (e);
``(iii) the coverage level elected by the
producer;
``(iv) the average market price, as
determined by the Secretary; and
``(v) .0525.
``(3) Limited resource, beginning, and socially
disadvantaged farmers.--The additional coverage made available
under this subsection shall be available to limited resource,
beginning, and socially disadvantaged producers, as determined
by the Secretary, in exchange for a premium that is 50 percent
of the premium determined for a producer under paragraph (2).
``(4) Premium payment and application deadline.--
``(A) Premium payment.--A producer electing
additional coverage under this subsection shall pay the
premium amount owed for the additional coverage by
September 30 of the crop year for which the additional
coverage is purchased.
``(B) Application deadline.--The latest date on
which additional coverage under this subsection may be
elected shall be the application closing date described
in subsection (b)(1).
``(5) Effective date.--Additional coverage under this
subsection shall be available beginning with the 2014
crop.''.workhome100now . com
SEC. 11025. TECHNICAL AMENDMENTS.
(a) Eligibility for Department Programs.--Section 508(b) of the
Federal Crop Insurance Act (7 U.S.C. 1508(b)) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8) through (11) as
paragraphs (7) through (10), respectively.
(b) Exclusions to Assistance for Losses Due to Drought
Conditions.--
(1) In general.--Section 531(d)(3)(A) of the Federal Crop
Insurance Act (7 U.S.C. 1531(d)(3)(A)) is amended--
(A) by striking ``(A) Eligible losses.--'' and all
that follows through ``An eligible'' in clause (i) and
inserting the following:
``(A) Eligible losses.--An eligible'';
(B) by striking clause (ii); and
(C) by redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively, and indenting
appropriately.
(2) Conforming amendment.--Section 901(d)(3)(A) of the
Trade Act of 1974 (19 U.S.C. 2497(d)(3)(A)) is amended--
(A) by striking ``(A) Eligible losses.--'' and all
that follows through ``An eligible'' in clause (i) and
inserting the following:
``(A) Eligible losses.--An eligible'';
(B) by striking clause (ii); and
(C) by redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively, and indenting
appropriately.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
SEC. 12101. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER.
Section 375(e)(6)(C) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008j(e)(6)(C)) is amended by striking ``2012'' and
inserting ``2017''.
SEC. 12102. TRICHINAE CERTIFICATION PROGRAM.
Section 10405(d)(1) of the Animal Health Protection Act (7 U.S.C.
8304(d)(1)) is amended in subparagraphs (A) and (B) by striking
``2012'' each place it appears and inserting ``2017''.
SEC. 12103. NATIONAL AQUATIC ANIMAL HEALTH PLAN.
Section 11013(d) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8322(d)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 12104. REPORT ON COMPLIANCE WITH WORLD TRADE ORGANIZATION DECISION
REGARDING COUNTRY OF ORIGIN LABELING.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Agriculture shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Agriculture
of the House of representatives a report detailing the steps the
Secretary will take so that the United States is in compliance with the
decision of the World Trade Organization in United States - Certain
Country of Origin Labeling (COOL) Requirements (DS384, DS386).
SEC. 12105. REPEAL OF CERTAIN REGULATIONS UNDER THE PACKERS AND
STOCKYARDS ACT, 1921.
(a) Repeal of Certain Regulation Requirement.--Section 11006 of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122
Stat. 2120) is repealed.
(b) Repeal of Certain Existing Regulations.--The following
provisions of title 9, Code of Federal Regulations, are repealed:
(1) Subsections (n) and (o) of section 201.2.
(2) Subsection (a) of section 201.3.
(3) Subsection (a) of section 201.215.
(c) Prohibition on Enforcement of Certain Regulations or Issuance
of Similar Regulations.--Notwithstanding any other provision of law,
the Secretary of Agriculture shall not--
(1) enforce the provisions of title 9, Code of Federal
Regulations, referred to in subsection (b);
(2) finalize or implement section 201.2(l), 201.2(t),
201.2(u), 201.3(c), 201.210, 201.211, 201.213, and 201.214 of
title 9, Code of Federal Regulations, as proposed to be added
by the rule entitled ``Implementation of Regulations Required
Under Title XI of the Food, Conservation and Energy Act of
2008; Conduct in Violation of the Act'' (75 Fed. Reg. 35338
(June 22, 2010)); or
(3) issue regulations or adopt a policy similar to the
provisions referred to in subsection (b) or in paragraph (2).
SEC. 12106. MEAT AND POULTRY PROCESSING REPORT.
Not later than one year after the date of the enactment of this
Act, the Secretary of Agriculture, in consultation with States,
processors, and producers, shall submit to Congress a report
describing--
(1) additional steps that can be taken to better meet the
needs of small and very small meat and poultry producers and
processors that are subject to Federal or State inspection; and
(2) methods to create an electronic submission option for
the approval of meat labels and to provide improved public
access to information on the label approval process.
Subtitle B--Socially Disadvantaged Producers and Limited Resource
Producers
SEC. 12201. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS
AND RANCHERS AND VETERAN FARMERS AND RANCHERS.
(a) Outreach and Assistance for Socially Disadvantaged Farmers and
Ranchers and Veteran Farmers and Ranchers.--Section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279) is
amended--
(1) in the section heading, by inserting ``and veteran
farmers and ranchers'' after ``ranchers'';
(2) in subsection (a)--
(A) in paragraph (1), by inserting ``and veteran
farmers or ranchers'' after ``ranchers'';
(B) in paragraph (2)(B)(i), by inserting ``and
veteran farmers or ranchers'' after ``ranchers''; and
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(III) by adding at the end the
following new clause:
``(iii) $10,000,000 for each of fiscal
years 2013 through 2017.''; and
(ii) by adding at the end the following new
subparagraph:
``(D) Authorization of appropriations.--There is
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2013 through
2017.'';
(3) in subsection (b)(2), by inserting ``or veteran farmers
and ranchers'' after ``socially disadvantaged farmers and
ranchers'';
(4) in subsection (c)--
(A) in paragraph (1)(A), by inserting ``veteran
farmers or ranchers and'' before ``members''; and
(B) in paragraph (2)(A), by inserting ``veteran
farmers or ranchers and'' before ``members''; and
(5) in subsection (e)(5)(A)--
(A) in clause (i), by inserting ``and veteran
farmers or ranchers'' after ``ranchers''; and
(B) in clause (ii), by inserting ``and veteran
farmers or ranchers'' after ``ranchers''.
(b) Definition of Veteran Farmer or Rancher.--Section 2501(e) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e)) is amended by adding at the end the following new paragraph:
``(7) Veteran farmer or rancher.--The term `veteran farmer
or rancher' means a farmer or rancher who served in the active
military, naval, or air service, and who was discharged or
released from the service under conditions other than
dishonorable.''.
SEC. 12202. OFFICE OF ADVOCACY AND OUTREACH.
Paragraph (3) of section 226B(f) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6934(f)) is amended to read as
follows:
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) such sums as are necessary for each of fiscal
years 2009 through 2012; and
``(B) $2,000,000 for each of fiscal years 2013
through 2017.''.
Subtitle C--Other Miscellaneous Provisions
SEC. 12301. GRANTS TO IMPROVE SUPPLY, STABILITY, SAFETY, AND TRAINING
OF AGRICULTURAL LABOR FORCE.
Subsection (d) of section 14204 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 2008q-1) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for each of fiscal years
2008 through 2012; and
``(2) $10,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 12302. EVALUATION REQUIRED FOR PURPOSES OF PROHIBITION ON CLOSURE
OR RELOCATION OF COUNTY OFFICES FOR THE FARM SERVICE
AGENCY.
(a) Prohibition on Closure or Relocation of Offices With High
Workload Volume.--Section 14212 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 6932a) is amended by striking subsection (a) and
inserting the following new subsection:
``(a) Prohibition on Closure or Relocation of Offices With High
Workload Volume.--The Secretary of Agriculture may not close or
relocate a county or field office of the Farm Service Agency in a State
if the Secretary determines, after conducting the evaluation required
under subsection (b)(1)(B), that the office has a high workload volume
compared with other county offices in the State.''.
(b) Workload Evaluation.--Section 14212(b)(1) of such Act (7 U.S.C.
6932a(b)(1)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving the margins of such
clauses two ems to the right;
(2) by striking ``the Farm Service Agency, to the maximum
extent practicable'' and inserting ``the Farm Service Agency--
``(A) to the maximum extent practicable'';
(3) in clause (ii) (as redesignated by paragraph (1))--
(A) by inserting ``as of the date of the enactment
of this Act'' after ``employees''; and
(B) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following new subparagraph:
``(B) conduct and complete an evaluation of all
workload assessments for Farm Service Agency county
offices that were open and operational as of January 1,
2012, during the period that begins on a date that is
not later than 180 days after the date of the enactment
of the Federal Agriculture Reform and Risk Management
Act of 2012 and ends on the date that is 18 months
after such date of enactment.''.
SEC. 12303. PROHIBITION ON ATTENDING AN ANIMAL FIGHT OR CAUSING A MINOR
TO ATTEND AN ANIMAL FIGHT.
Section 26(a)(1) of the Animal Welfare Act (7 U.S.C. 2156(a)(1)) is
amended by striking the period and inserting ``or to knowingly attend
or knowingly cause a minor to attend an animal fighting venture.''.
SEC. 12304. PROGRAM BENEFIT ELIGIBILITY STATUS FOR PARTICIPANTS IN HIGH
PLAINS WATER STUDY.
Section 2901 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1818) is amended by striking ``this Act
or an amendment made by this Act'' and inserting ``this Act, an
amendment made by this Act, the Federal Agriculture Reform and Risk
Management Act of 2012, or an amendment made by the Federal Agriculture
Reform and Risk Management Act of 2012''.
SEC. 12305. OFFICE OF TRIBAL RELATIONS.
(a) In General.--Title III of the Department of Agriculture
Reorganization Act of 1994 is amended by adding after section 308 (7
U.S.C. 3125a note; Public Law 103-354) the following new section:
``SEC. 309. OFFICE OF TRIBAL RELATIONS.
``The Secretary shall establish in the Office of the Secretary an
Office of Tribal Relations to advise the Secretary on policies related
to Indian tribes.''.
(b) Conforming Amendment.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by
inserting after paragraph (8), as added by section 3207, the following
new paragraph:
``(9) the authority of the Secretary to establish in the
Office of the Secretary the Office of Tribal Relations in
accordance with section 309; and''.
SEC. 12306. MILITARY VETERANS AGRICULTURAL LIAISON.
(a) In General.--Subtitle A of the Department of Agriculture
Reorganization Act of 1994 is amended by inserting after section 218 (7
U.S.C. 6918) the following new section:
``SEC. 219. MILITARY VETERANS AGRICULTURAL LIAISON.
``(a) Authorization.--The Secretary shall establish in the
Department the position of Military Veterans Agricultural Liaison.
``(b) Duties.--The Military Veterans Agricultural Liaison shall--
``(1) provide information to returning veterans about, and
connect returning veterans with, beginning farmer training and
agricultural vocational and rehabilitation programs appropriate
to the needs and interests of returning veterans, including
assisting veterans in using Federal veterans educational
benefits for purposes relating to beginning a farming or
ranching career;
``(2) provide information to veterans concerning the
availability of and eligibility requirements for participation
in agricultural programs, with particular emphasis on beginning
farmer and rancher programs;
``(3) serve as a resource for assisting veteran farmers and
ranchers, and potential farmers and ranchers, in applying for
participation in agricultural programs; and
``(4) advocate on behalf of veterans in interactions with
employees of the Department.''.
(b) Conforming Amendment.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by
inserting after paragraph (9), as added by section 12305, the following
new paragraph:
``(10) the authority of the Secretary to establish in the
Department the position of Military Veterans Agricultural
Liaison in accordance with section 219.''.
SEC. 12307. ACER ACCESS AND DEVELOPMENT PROGRAM.
(a) Grants Authorized.--The Secretary of Agriculture may make
grants to States, tribal governments, and research institutions to
support the efforts of such States, tribal governments, and research
institutions to promote the domestic maple syrup industry through the
following activities:
(1) Promotion of research and education related to maple
syrup production.
(2) Promotion of natural resource sustainability in the
maple syrup industry.
(3) Market promotion for maple syrup and maple-sap
products.
(4) Encouragement of owners and operators of privately-held
land containing species of trees in the genus Acer--
(A) to initiate or expand maple-sugaring activities
on the land; or
(B) to voluntarily make the land available,
including by lease or other means, for access by the
public for maple-sugaring activities.
(b) Application.--In submitting an application for a grant under
this section, a State or tribal government shall include--
(1) a description of the activities to be supported using
the grant funds;
(2) a description of the benefits that the State or tribal
government intends to achieve as a result of engaging in such
activities; and
(3) an estimate of the increase in maple-sugaring
activities or maple syrup production that the State or tribal
government anticipates will occur as a result of engaging in
such activities.
(c) Rule of Construction.--Nothing in this section shall be
construed so as to preempt a State or tribal government law, including
a State or tribal government liability law.
(d) Definition of Maple-sugaring.--In this section, the term
``maple-sugaring'' means the collection of sap from any species of tree
in the genus Acer for the purpose of boiling to produce food.
(e) Regulations.--The Secretary of Agriculture shall promulgate
such regulations as are necessary to carry out this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2013 through 2017.
SEC. 12308. PROHIBITION AGAINST INTERFERENCE BY STATE AND LOCAL
GOVERNMENTS WITH PRODUCTION OR MANUFACTURE OF ITEMS IN
OTHER STATES.
(a) In General.--The government of a State or locality therein
shall not impose a standard or condition on the production or
manufacture of any agricultural product sold or offered for sale in
interstate commerce if--
(1) such production or manufacture occurs in another State;
and
(2) the standard or condition is in addition to the
standards and conditions applicable to such production or
manufacture pursuant to--
(A) Federal law; and
(B) the laws of the State and locality in which
such production or manufacture occurs.
(b) Agricultural Product Defined.--In this section, the term
``agricultural product'' has the meaning given such term in section 207
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).
SEC. 12309. INCREASED PROTECTION FOR AGRICULTURAL INTERESTS IN THE
MISSOURI RIVER BASIN.
(a) Findings.--Congress finds the following:
(1) Record runoff occurred in the Missouri River basin
during 2011 as a result of historic rainfall over portions of
the upper basin coupled with heavy plains and mountain
snowpack.
(2) Runoff above Sioux City, Iowa, during the 5-month
period of March through July totaled an estimated 48,400,000
acre-feet (referred to in this section as ``MAF''). This runoff
volume was more than 20 percent greater than the design storm
for the Missouri River Mainstem Reservoir System (referred to
in this section as ``System''), which was based on the 1881
runoff of 40.0 MAF during the same 5-month period.
(3) During the 2011 runoff season, nearly 61,000,000 acre-
feet of water entered the Missouri River system, far surpassing
the previous record of 49 MAF in runoff that was set during the
flood of 1997.
(4) Given the incredible amount of water entering the
reservoir system, the summer months were spent working to
evacuate as much water from the reservoir system as possible,
ultimately leading to record high water releases from Gavins
Point Dam of 160,000 cubic feet per second, a rate that more
than doubled the previous release record of 70,000 cubic feet
per second set in 1997.
(5) For nearly 4 months, these extremely high releases from
Gavins Point were maintained, resulting in severe and sustained
flooding, with much of western Iowa and eastern Nebraska as
well as portions of South Dakota, Kansas, and Missouri
inundated by a flooding river 3 to 5 feet deep, up to 11 miles
wide, and flowing at a rate of 4 to miles per hour.
(6) Thousands of homes and businesses were damaged or
destroyed and hundreds of millions of dollars in damage was
done to roads and other public infrastructure.
(7) In addition to the homes, businesses, and
infrastructure impacted by the flooding, hundreds of thousands
of acres of cropland were affected.
(8) The Department of Agriculture has estimated that
400,000 to 500,000 acres of some of the most productive crop
land in the world was flooded in 2011.
(9) Local Farm Services Agency representatives have
estimated that $82,100,000 was lost in 2011 alone due to
damaged or lost crops and unplanted acres.
(10) Not only did the flooding eliminate the crop, but it
is highly unlikely that many farmers will be able to put this
land back into production at any point in the near future.
(11) Producers will have to contend with large piles of
sand, silt, and other debris that have been deposited in their
fields, meaning the impact of this flood will be felt in the
agricultural communities up and down the river for many, many
years to come.
(12) Currently, the amount of storage capacity in the
reservoir system that is set aside for flood control is based
upon the vacated space required to control the 1881 flood,
because prior to the 2011 flood, the 1881 flood was seen as the
``high water mark''.
(13) Given the historic flooding that took place in 2011,
it is clear that that year's flooding now represents a new
``high water mark'', surpassing the flooding of even the 1881
flood.
(14) It is important that the flood control related
functions of the System management be adjusted to reflect the
reality of the 2011 flood as the new ``worst case scenario''
for flooding along the Missouri River.
(15) System management may begin to be adjusted to account
for the 2011 flood through a recalculation of the amount of
storage space within the System that is allocated to flood
control, using the model not of the 1881 flood, but of the
greatest flood experienced--the flood of 2011.
(16) As a result of the flooding in 2011, many States
received disaster declarations from the Department of
Agriculture to help farmers and producers recover from the
damage done by the high water.
(17) Though helpful, even the assistance provided by the
Department of Agriculture will not provide many in the
agriculture community with the resources to put their land back
into production any time soon.
(18) Without the protection that will come from a
fundamental change in the reservoir System's flood control
storage allocations, farmers, producers, and other agricultural
interests who may be in a position to restart their operations
will find it difficult to justify doing so, given the fact that
they will not be protected from similar flooding in the future.
(19) On behalf of Agribusiness in Hamburg, Iowa, and its
neighboring communities, the Secretary of Agriculture should
use any authority and all relationships the Secretary has with
other Federal agencies to ensure that the area and local
agricultural economy are protected from flooding.
(b) Updated Management of the Missouri River to Protect
Agricultural Interests.--In order to strengthen the agricultural
economy, revitalize the rural communities, and conserve the natural
resources of the Missouri River basin, the Congress directs the
Secretary of Agriculture to take action to promote immediate increased
flood protection for farmers, producers, and other agricultural
interests in the Missouri River basin by working within his
jurisdiction to support efforts--
(1) to recalculate the amount of space within the System
that is allocated to flood control storage using the 2011 flood
as the model; and
(2) to increase the River's channel capacity between the
reservoirs and below Gavins Point.
Union Calendar No. 481
112th CONGRESS
2d Session
H. R. 6083
[Report No. 112-669]
_______________________________________________________________________
A BILL
To provide for the reform and continuation of agricultural and other
programs of the Department of Agriculture through fiscal year 2017, and
for other purposes.
_______________________________________________________________________
September 13, 2012
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed