[Congressional Record Volume 146, Number 134 (Tuesday, October 24, 2000)]
[Senate]
[Pages S10944-S10946]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              UNITED STATES GRAIN STANDARDS ACT AMENDMENTS

  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
that the Chair lay before the Senate a

[[Page S10945]]

message from the House to accompany H.R. 4788.
  There being no objection, the Presiding Officer laid before the 
Senate the following message from the House of Representatives:

       Resolved, That the House agree to the amendment of the 
     Senate to the bill (H.R. 4788) entitled ``An Act to amend the 
     United States Grain Standards Act to extend the authority of 
     the Secretary of Agriculture to collect fees to cover the 
     cost of services performed under that Act, extend the 
     authorization of appropriations for that Act, and improve the 
     administration of that Act, to reenact the United States 
     Warehouse Act to require the licensing and inspection of 
     warehouses used to store agricultural products and provide 
     for the issuance of receipts, including electronic receipts, 
     for agricultural products stored or handled in licensed 
     warehouses, and for other purposes'', with the following 
     House amendment to Senate amendment:
       At the end of the matter proposed to be inserted by the 
     Senate amendment, add the following new sections:

     SEC. 311. COTTON FUTURES.

       Subsection (d)(2) of the United States Cotton Futures Act 
     (7 U.S.C. 15b(d)(2)) is amended by adding at the end the 
     following: ``A person complying with the preceding sentence 
     shall not be liable for any loss or damage arising or 
     resulting from such compliance.''.

     SEC. 312. IMPROVED INVESTIGATIVE AND ENFORCEMENT ACTIVITIES 
                   UNDER THE PACKERS AND STOCKYARDS ACT, 1921.

       (a) Implementation of General Accounting Office 
     Recommendations.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of Agriculture shall 
     implement the recommendations contained in the report issued 
     by the General Accounting Office entitled ``Packers and 
     Stockyards Programs: Actions Needed to Improve Investigations 
     of Competitive Practices'', GAO/RCED-00-242, dated September 
     21, 2000.
       (b) Consultation.--During the implementation period 
     referred to in subsection (a), and for such an additional 
     time period as needed to assure effective implementation of 
     the recommendations contained in the report referred to in 
     such subsection, the Secretary of Agriculture shall consult 
     and work with the Department of Justice and the Federal Trade 
     Commission in order to--
       (1) implement the recommendations in the report regarding 
     investigation management, operations, and case methods 
     development processes; and
       (2) effectively identify and investigate complaints of 
     unfair and anti-competitive practices in violation of the 
     Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), and 
     enforce the Act.
       (c) Training.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of Agriculture shall 
     develop and implement a training program for staff of the 
     Department of Agriculture engaged in the investigation of 
     complaints of unfair and anti-competitive activity in 
     violation of the Packers and Stockyards Act, 1921. In 
     developing the training program, the Secretary of Agriculture 
     shall draw on existing training materials and programs 
     available at the Department of Justice and the Federal Trade 
     Commission, to the extent practicable.
       (d) Implementation Report.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of 
     Agriculture shall submit to Congress a report describing the 
     actions taken to comply with this section.
       (e) Annual Assessment of Cattle and Hog Industries.--Title 
     IV of the Packers and Stockyards Act, 1921, is amended--
       (1) by redesignating section 415 (7 U.S.C. 229) as section 
     416; and
       (2) by inserting after section 414 the following:

     ``SEC. 415. ANNUAL ASSESSMENT OF CATTLE AND HOG INDUSTRIES.

       ``Not later than March 1 of each year, the Secretary shall 
     submit to Congress and make publicly available a report 
     that--
       ``(1) assesses the general economic state of the cattle and 
     hog industries;
       ``(2) describes changing business practices in those 
     industries; and
       ``(3) identifies market operations or activities in those 
     industries that appear to raise concerns under this Act.''.

     SEC. 313. REHABILITATION OF WATER RESOURCE STRUCTURAL 
                   MEASURES CONSTRUCTED UNDER CERTAIN DEPARTMENT 
                   OF AGRICULTURE PROGRAMS.

       The Watershed Protection and Flood Prevention Act (16 
     U.S.C. 1001 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR 
                   PAST THEIR EVALUATED LIFE EXPECTANCY.

       ``(a) Definitions.--For purposes of this section:
       ``(1) Rehabilitation.--The term `rehabilitation', with 
     respect to a structural measure constructed as part of a 
     covered water resource project, means the completion of all 
     work necessary to extend the service life of the structural 
     measure and meet applicable safety and performance standards. 
     This may include: (A) protecting the integrity of the 
     structural measure or prolonging the useful life of the 
     structural measure beyond the original evaluated life 
     expectancy; (B) correcting damage to the structural measure 
     from a catastrophic event; (C) correcting the deterioration 
     of structural components that are deteriorating at an 
     abnormal rate; (D) upgrading the structural measure to meet 
     changed land use conditions in the watershed served by the 
     structural measure or changed safety criteria applicable to 
     the structural measure; or (E) decommissioning the structure, 
     if requested by the local organization.
       ``(2) Covered water resource project.--The term `covered 
     water resource project' means a work of improvement carried 
     out under any of the following:
       ``(A) This Act.
       ``(B) Section 13 of the Act of December 22, 1944 (Public 
     Law 78-534; 58 Stat. 905).
       ``(C) The pilot watershed program authorized under the 
     heading `Flood Prevention' of the Department of Agriculture 
     Appropriation Act, 1954 (Public Law 156; 67 Stat. 214).
       ``(D) Subtitle H of title XV of the Agriculture and Food 
     Act of 1981 (16 U.S.C. 3451 et seq.; commonly known as the 
     Resource Conservation and Development Program).
       ``(3) Structural measure.--The term `structural measure' 
     means a physical improvement that impounds water, commonly 
     known as a dam, which was constructed as part of a covered 
     water resource project, including the impoundment area and 
     flood pool.
       ``(b) Cost Share Assistance for Rehabilitation.--
       ``(1) Assistance authorized.--The Secretary may provide 
     financial assistance to a local organization to cover a 
     portion of the total costs incurred for the rehabilitation of 
     structural measures originally constructed as part of a 
     covered water resource project. The total costs of 
     rehabilitation include the costs associated with all 
     components of the rehabilitation project, including 
     acquisition of land, easements, and rights-of-ways, 
     rehabilitation project administration, the provision of 
     technical assistance, contracting, and construction costs, 
     except that the local organization shall be responsible for 
     securing all land, easements, or rights-of-ways necessary for 
     the project.
       ``(2) Amount of assistance; limitations.--The amount of 
     Federal funds that may be made available under this 
     subsection to a local organization for construction of a 
     particular rehabilitation project shall be equal to 65 
     percent of the total rehabilitation costs, but not to exceed 
     100 percent of actual construction costs incurred in the 
     rehabilitation. However, the local organization shall be 
     responsible for the costs of water, mineral, and other 
     resource rights and all Federal, State, and local permits.
       ``(3) Relation to land use and development regulations.--As 
     a condition on entering into an agreement to provide 
     financial assistance under this subsection, the Secretary, 
     working in concert with the affected unit or units of general 
     purpose local government, may require that proper zoning or 
     other developmental regulations are in place in the watershed 
     in which the structural measures to be rehabilitated under 
     the agreement are located so that--
       ``(A) the completed rehabilitation project is not quickly 
     rendered inadequate by additional development; and
       ``(B) society can realize the full benefits of the 
     rehabilitation investment.
       ``(c) Technical Assistance for Watershed Project 
     Rehabilitation.--The Secretary, acting through the Natural 
     Resources Conservation Service, may provide technical 
     assistance in planning, designing, and implementing 
     rehabilitation projects should a local organization request 
     such assistance. Such assistance may consist of specialists 
     in such fields as engineering, geology, soils, agronomy, 
     biology, hydraulics, hydrology, economics, water quality, and 
     contract administration.
       ``(d) Prohibited Use.--
       ``(1) Performance of operation and maintenance.--
     Rehabilitation assistance provided under this section may not 
     be used to perform operation and maintenance activities 
     specified in the agreement for the covered water resource 
     project entered into between the Secretary and the local 
     organization responsible for the works of improvement. Such 
     operation and maintenance activities shall remain the 
     responsibility of the local organization, as provided in the 
     project work plan.
       ``(2) Renegotiation.--Notwithstanding paragraph (1), as 
     part of the provision of financial assistance under 
     subsection (b), the Secretary may renegotiate the original 
     agreement for the covered water resource project entered into 
     between the Secretary and the local organization regarding 
     responsibility for the operation and maintenance of the 
     project when the rehabilitation is finished.
       ``(e) Application for Rehabilitation Assistance.--A local 
     organization may apply to the Secretary for technical and 
     financial assistance under this section if the application 
     has also been submitted to and approved by the State agency 
     having supervisory responsibility over the covered water 
     resource project at issue or, if there is no State agency 
     having such responsibility, by the Governor of the State. The 
     Secretary shall request the State dam safety officer (or 
     equivalent State official) to be involved in the application 
     process if State permits or approvals are required. The 
     rehabilitation of structural measures shall meet standards 
     established by the Secretary and address other dam safety 
     issues. At the request of the local organization, personnel 
     of the Natural Resources Conservation Service of the 
     Department of Agriculture may assist in preparing 
     applications for assistance.
       ``(f) Ranking of Requests for Rehabilitation Assistance.--
     The Secretary shall establish such system of approving 
     rehabilitation requests, recognizing that such requests will 
     be received throughout the fiscal year and subject to the 
     availability of funds to carry out this section, as is 
     necessary for proper administration by the Department of 
     Agriculture and equitable for all local organizations. The 
     approval process shall be in writing, and made known to all 
     local organizations and appropriate State agencies.

[[Page S10946]]

       ``(g) Prohibition on Certain Rehabilitation Assistance.--
     The Secretary may not approve a rehabilitation request if the 
     need for rehabilitation of the structure is the result of a 
     lack of adequate maintenance by the party responsible for the 
     maintenance.
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to provide financial and 
     technical assistance under this section--
       ``(1) $5,000,000 for fiscal year 2001;
       ``(2) $10,000,000 for fiscal year 2002;
       ``(3) $15,000,000 for fiscal year 2003;
       ``(4) $25,000,000 for fiscal year 2004; and
       ``(5) $35,000,000 for fiscal year 2005.
       ``(i) Assessment of Rehabilitation Needs.--The Secretary, 
     in concert with the responsible State agencies, shall conduct 
     an assessment of the rehabilitation needs of covered water 
     resource projects in all States in which such projects are 
     located.
       ``(j) Recordkeeping and Reports.--
       ``(1) Secretary.--The Secretary shall maintain a data base 
     to track the benefits derived from rehabilitation projects 
     supported under this section and the expenditures made under 
     this section. On the basis of such data and the reports 
     submitted under paragraph (2), the Secretary shall prepare 
     and submit to Congress an annual report providing the status 
     of activities conducted under this section.
       ``(2) Grant recipients.--Not later than 90 days after the 
     completion of a specific rehabilitation project for which 
     assistance is provided under this section, the local 
     organization that received the assistance shall make a report 
     to the Secretary giving the status of any rehabilitation 
     effort undertaken using financial assistance provided under 
     this section.''.

     SEC. 314. RELEASE OF REVERSIONARY INTEREST AND CONVEYANCE OF 
                   MINERAL RIGHTS IN FORMER FEDERAL LAND IN SUMTER 
                   COUNTY, SOUTH CAROLINA.

       (a) Findings.--Congress finds the following:
       (1) The hiking trail known as the Palmetto Trail traverses 
     the Manchester State Forest in Sumter County, South Carolina, 
     which is owned by the South Carolina State Commission of 
     Forestry on behalf of the State of South Carolina.
       (2) The Commission seeks to widen the Palmetto Trail by 
     acquiring a corridor of land along the northeastern border of 
     the trail from the Anne Marie Carton Boardman Trust in 
     exchange for a tract of former Federal land now owned by the 
     Commission.
       (3) At the time of the conveyance of the former Federal 
     land to the Commission in 1955, the United States retained a 
     reversionary interest in the land, which now prevents the 
     land exchange from being completed.
       (b) Release of Reversionary Interest.--
       (1) Release required.--In the case of the tract of land 
     identified as Tract 3 on the map numbered 161-DI and further 
     described in paragraph (2), the Secretary of Agriculture 
     shall release the reversionary interest of the United States 
     in the land that--
       (A) requires that the land be used for public purposes; and
       (B) is contained in the deed conveying the land from the 
     United States to the South Carolina State Commission of 
     Forestry, dated June 28, 1955, and recorded in Deed Drawer 
     No. 6 of the Clerk of Court for Sumter County, South 
     Carolina.
       (2) Map of tract 3.--Tract 3 is generally depicted on the 
     map numbered 161-DI, entitled ``Boundary Survey for South 
     Carolina Forestry Commission'', dated August 1998, and filed, 
     together with a legal description of the tract, with the 
     South Carolina State Commission of Forestry.
       (3) Consideration.--As consideration for the release of the 
     revisionary interest under paragraph (1), the State of South 
     Carolina shall transfer to the United States a vested future 
     interest, similar to the restriction described in paragraph 
     (1)(A), in the tract of land identified as Parcel G on the 
     map numbered 225-HI, entitled ``South Carolina Forestry 
     Commission Boardman Land Exchange'', dated June 9, 1999, and 
     filed, together with a legal description of the tract, with 
     the South Carolina State Commission of Forestry.
       (c) Exchange of Mineral Rights.--
       (1) Exchange required.--Subject to any valid existing 
     rights of third parties, the Secretary of the Interior shall 
     convey to the South Carolina State Commission of Forestry on 
     behalf of the State of South Carolina all of the undivided 
     mineral rights of the United States in the Tract 3 identified 
     in subsection (b)(1) in exchange for mineral rights of equal 
     value held by the State of South Carolina in the Parcel G 
     identified in subsection (b)(3) as well as in Parcels E and F 
     owned by the State and also depicted on the map referred to 
     in subsection (b)(3).
       (2) Determination of mineral character.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary of the Interior shall determine--
       (A) the mineral character of Tract 3 and Parcels E, F, and 
     G; and
       (B) the fair market value of the mineral interests.

     SEC. 315. TECHNICAL CORRECTION REGARDING RESTORATION OF 
                   ELIGIBILITY FOR CROP LOSS ASSISTANCE.

       Section 259 of the Agricultural Risk Protection Act of 2000 
     (Public Law 106-224; 114 Stat. 426; 7 U.S.C. 1421 note) is 
     amended by adding at the end the following:
       ``(c) Commodity Credit Corporation.--The Secretary shall 
     use the funds, facilities, and authorities of the Commodity 
     Credit Corporation to carry out this section.''.

     SEC. 316. PORK CHECKOFF REFERENDUM.

       Notwithstanding section 1620(c)(3)(B)(iv) of the Pork 
     Promotion, Research, and Consumer Information Act of 1985 (7 
     U.S.C. 4809(c)(3)(B)(iv)), the Secretary shall use funds of 
     the Commodity Credit Corporation to pay for all expenses 
     associated with the pork checkoff referendum ordered by the 
     Secretary on February 25, 2000.

  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
that the Senate agree to the amendment of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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