[Congressional Record (Bound Edition), Volume 158 (2012), Part 7]
[Senate]
[Pages 9077-9084]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2404. Mr. VITTER (for himself and Mr. Lee) submitted an amendment 
intended to be proposed by him to the bill S. 3240, to reauthorize 
agricultural programs through 2017, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 122__. MINIMIZATION OF IMPACT OF ENDANGERED SPECIES 
                   LISTINGS AND DESIGNATIONS ON AGRICULTURAL LAND.

       Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
     1533) is amended by adding at the end the following:
       ``(j) Minimization of Impact of Endangered Species Listings 
     and Designations on Agricultural Land.--
       ``(1) In general.--Before any action is taken to list a 
     species or designate critical habitat under this Act, the 
     Secretary shall--
       ``(A) consult with the Secretary of Agriculture to identify 
     all private agricultural land and land maintained by the 
     Forest Service that could be adversely impacted by the 
     listing or designation; and
       ``(B) prepare a report that describes the economic impacts 
     of the listing or designation on land used for agricultural 
     activities.
       ``(2) Economic analyses.--In conducting economic analyses 
     on the impact of the listing of species, or designation of 
     critical habitat, described in paragraph (1), the Secretary 
     of Agriculture, in consultation with the Secretary of the 
     Interior, shall--
       ``(A) conduct, and make available to the Secretary of the 
     Interior and the public, separate economic analyses for--
       ``(i) private agricultural land; and
       ``(ii) land maintained by the Forest Service;
       ``(B) give landowners an opportunity for comment on the 
     proposed listing or designation--
       ``(i) to obtain the input of the landowners; and
       ``(ii) to provide landowners the same opportunity to 
     comment as other affected parties;
       ``(C) use sound and proven economic analysis tools in 
     conducting the analyses, listing species, and designating 
     habitat under this Act; and
       ``(D) make available on a public website--
       ``(i) a description of the total economic impact on 
     agricultural land from all actual and potential listings and 
     designations under this Act; and
       ``(ii) a map of all locations in the United States that are 
     proposed for critical habitat designations.
       ``(3) Actual notice.--In listing species or designating 
     habitat under this Act, the Secretary of the Interior shall, 
     to the maximum extent practicable, provide actual notice to 
     affected landowners and other parties.
       ``(4) Appeals.--Before a species is listed or habitat is 
     designated under this Act, the Secretary of Agriculture shall 
     make available to affected landowners and other parties a 
     description of all options that are available to appeal or 
     obtain compensation from the listing or designation 
     (including administrative and judicial options) against the 
     Federal Government.
       ``(5) Trespassing on private property.--
       ``(A) In general.--If any person enters private land 
     without the consent of the landowner to promote the purposes 
     of this Act, any data obtained during or as a result of the 
     trespass shall not be considered--
       ``(i) to be the best available science; or
       ``(ii) to meet the scientific quality standards issued 
     under section 515 of the Treasury and General Government 
     Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 
     2763A-153) (commonly referred to as the `Data Quality Act').
       ``(B) Aerial surveillance.--No science that is produced as 
     a result of aerial surveillance of private land without the 
     consent of the landowner shall be considered to meet the 
     scientific quality standards described in subparagraph 
     (A)(ii).''.
                                 ______
                                 
  SA 2405. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

  TITLE XIII--RECREATIONAL FISHING, HUNTING, AND RECREATIONAL SHOOTING

     SEC. 13001. SHORT TITLE.

       This title may be cited as the ``Recreational Fishing and 
     Hunting Heritage and Opportunities Act''.

     SEC. 13002. DEFINITIONS.

       In this title:
       (1) Federal public land.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``Federal public land'' means any land or water that 
     is--
       (i) owned by the United States; and
       (ii) managed by a Federal agency (including the Department 
     of the Interior and the Forest Service) for purposes that 
     include the conservation of natural resources.
       (B) Exclusions.--The term ``Federal public land'' does not 
     include--
       (i) land or water held or managed in trust for the benefit 
     of Indians or other Native Americans;
       (ii) land managed by the Director of the National Park 
     Service or the Director of the United States Fish and 
     Wildlife Service;
       (iii) fish hatcheries; or
       (iv) conservation easements on private land.
       (2) Hunting.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``hunting'' means use of a firearm, bow, or other 
     authorized means in the lawful--
       (i) pursuit, shooting, capture, collection, trapping, or 
     killing of wildlife; or
       (ii) attempt to pursue, shoot, capture, collect, trap, or 
     kill wildlife.
       (B) Exclusion.--The term ``hunting'' does not include the 
     use of skilled volunteers to cull excess animals (as defined 
     by other Federal law).
       (3) Recreational fishing.--The term ``recreational 
     fishing'' means--
       (A) an activity for sport or for pleasure that involves--
       (i) the lawful catching, taking, or harvesting of fish; or
       (ii) the lawful attempted catching, taking, or harvesting 
     of fish; or
       (B) any other activity for sport or pleasure that can 
     reasonably be expected to result in the lawful catching, 
     taking, or harvesting of fish.
       (4) Recreational shooting.--The term ``recreational 
     shooting'' means any form of sport, training, competition, or 
     pastime, whether formal or informal, that involves the 
     discharge of a rifle, handgun, or shotgun, or the use of a 
     bow and arrow.

     SEC. 13003. RECREATIONAL FISHING, HUNTING, AND RECREATIONAL 
                   SHOOTING.

       (a) In General.--Subject to valid existing rights, and in 
     cooperation with the respective State and fish and wildlife 
     agency, a Federal public land management official shall 
     exercise the authority of the official under existing law 
     (including provisions regarding land use planning) to 
     facilitate use

[[Page 9078]]

     of and access to Federal public land for recreational 
     fishing, hunting, and recreational shooting except as limited 
     by--
       (1) any law that authorizes action or withholding action 
     for reasons of national security, public safety, or resource 
     conservation;
       (2) any other Federal law that precludes recreational 
     fishing, hunting, or recreational shooting on specific 
     Federal public land or water or units of Federal public land; 
     and
       (3) discretionary limitations on recreational fishing, 
     hunting, and recreational shooting determined to be necessary 
     and reasonable as supported by the best scientific evidence 
     and advanced through a transparent public process.
       (b) Management.--Consistent with subsection (a), the head 
     of each Federal public land management agency shall exercise 
     the land management discretion of the head--
       (1) in a manner that supports and facilitates recreational 
     fishing, hunting, and recreational shooting opportunities;
       (2) to the extent authorized under applicable State law; 
     and
       (3) in accordance with applicable Federal law.
       (c) Planning.--
       (1) Effects of plans and activities.--
       (A) Evaluation of effects on opportunities to engage in 
     recreational fishing, hunting, or recreational shooting.--
     Federal public land planning documents (including land 
     resources management plans, resource management plans, travel 
     management plans, and energy development plans) shall include 
     a specific evaluation of the effects of the plans on 
     opportunities to engage in recreational fishing, hunting, or 
     recreational shooting.
       (B) Other activity not considered.--
       (i) In general.--Federal public land management officials 
     shall not be required to consider the existence or 
     availability of recreational fishing, hunting, or 
     recreational shooting opportunities on private or public land 
     that is located adjacent to, or in the vicinity of, Federal 
     public land for purposes of--

       (I) planning for or determining which units of Federal 
     public land are open for recreational fishing, hunting, or 
     recreational shooting; or
       (II) setting the levels of use for recreational fishing, 
     hunting, or recreational shooting on Federal public land.

       (ii) Enhanced opportunities.--Federal public land 
     management officials may consider the opportunities described 
     in clause (i) if the combination of those opportunities would 
     enhance the recreational fishing, hunting, or shooting 
     opportunities available to the public.
       (2) Use of volunteers.--If hunting is prohibited by law, 
     all Federal public land planning document described in 
     paragraph (1)(A) of an agency shall, after appropriate 
     coordination with State fish and wildlife agencies, allow the 
     participation of skilled volunteers in the culling and other 
     management of wildlife populations on Federal public land 
     unless the head of the agency demonstrates, based on the best 
     scientific data available or applicable Federal law, why 
     skilled volunteers should not be used to control 
     overpopulation of wildlife on the land that is the subject of 
     the planning document.
       (d) Bureau of Land Management and Forest Service Land.--
       (1) Land open.--
       (A) In general.--Land under the jurisdiction of the Bureau 
     of Land Management or the Forest Service (including a a 
     component of the National Wilderness Preservation System, 
     land designated as a wilderness study area or 
     administratively classified as wilderness eligible or 
     suitable, and primitive or semiprimitive areas, but excluding 
     land on the outer Continental Shelf) shall be open to 
     recreational fishing, hunting, and recreational shooting 
     unless the managing Federal public land agency acts to close 
     the land to such activity.
       (B) Motorized access.--Nothing in this paragraph authorizes 
     or requires motorized access or the use of motorized vehicles 
     for recreational fishing, hunting, or recreational shooting 
     purposes within land designated as a wilderness study area or 
     administratively classified as wilderness eligible or 
     suitable.
       (2) Closure or restriction.--Land described in paragraph 
     (1) may be subject to closures or restrictions if determined 
     by the head of the agency to be necessary and reasonable and 
     supported by facts and evidence for purposes including 
     resource conservation, public safety, energy or mineral 
     production, energy generation or transmission infrastructure, 
     water supply facilities, protection of other permittees, 
     protection of private property rights or interests, national 
     security, or compliance with other law, as determined 
     appropriate by the Director of the Bureau of Land Management 
     or the Chief of the Forest Service, as applicable.
       (3) Shooting ranges.--
       (A) In general.--Except as provided in subparagraph (C), 
     the head of each Federal public land agency may use the 
     authorities of the head, in a manner consistent with this 
     title and other applicable law--
       (i) to lease or permit use of land under the jurisdiction 
     of the head for shooting ranges; and
       (ii) to designate specific land under the jurisdiction of 
     the head for recreational shooting activities.
       (B) Limitation on liability.--Any designation under 
     subparagraph (A)(ii) shall not subject the United States to 
     any civil action or claim for monetary damages for injury or 
     loss of property or personal injury or death caused by any 
     recreational shooting activity occurring at or on the 
     designated land.
       (C) Exception.--The head of each Federal public land agency 
     shall not lease or permit use of Federal public land for 
     shooting ranges or designate land for recreational shooting 
     activities within including a component of the National 
     Wilderness Preservation System, land designated as a 
     wilderness study area or administratively classified as 
     wilderness eligible or suitable, and primitive or 
     semiprimitive areas.
       (e) Report.--Not later than October 1 of every other year, 
     beginning with the second October 1 after the date of 
     enactment of this Act, the head of each Federal public land 
     agency who has authority to manage Federal public land on 
     which recreational fishing, hunting, or recreational shooting 
     occurs shall submit to the Committee on Natural Resources of 
     the House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a report that describes--
       (1) any Federal public land administered by the agency head 
     that was closed to recreational fishing, hunting, or 
     recreational shooting at any time during the preceding year; 
     and
       (2) the reason for the closure.
       (f) Closures or Significant Restrictions of 1,280 or More 
     Acres.--
       (1) In general.--Other than closures established or 
     prescribed by land planning actions referred to in subsection 
     (d)(2) or emergency closures described in paragraph (3), a 
     permanent or temporary withdrawal, change of classification, 
     or change of management status of Federal public land or 
     water that effectively closes or significantly restricts 
     1,280 or more contiguous acres of Federal public land or 
     water to access or use for recreational fishing or hunting or 
     activities relating to fishing or hunting shall take effect 
     only if, before the date of withdrawal or change, the head of 
     the Federal public land agency that has jurisdiction over the 
     Federal public land or water--
       (A) publishes appropriate notice of the withdrawal or 
     change, respectively;
       (B) demonstrates that coordination has occurred with a 
     State fish and wildlife agency; and
       (C) submits to the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate written notice of the 
     withdrawal or change, respectively.
       (2) Aggregate or cumulative effects.--If the aggregate or 
     cumulative effect of separate withdrawals or changes 
     effectively closes or significant restrictions affects 1,280 
     or more acres of land or water, the withdrawals and changes 
     shall be treated as a single withdrawal or change for 
     purposes of paragraph (1).
       (3) Emergency closures.--
       (A) In general.--Nothing in this title prohibits a Federal 
     public land management agency from establishing or 
     implementing emergency closures or restrictions of the 
     smallest practicable area of Federal public land to provide 
     for public safety, resource conservation, national security, 
     or other purposes authorized by law.
       (B) Termination.--An emergency closure under subparagraph 
     (A) shall terminate after a reasonable period of time unless 
     the temporary closure is converted to a permanent closure 
     consistent with this title.
       (g) No Priority.--Nothing in this title requires a Federal 
     agency to give preference to recreational fishing, hunting, 
     or recreational shooting over other uses of Federal public 
     land or over land or water management priorities established 
     by other Federal law.
       (h) Consultation With Councils.--In carrying out this 
     title, the heads of Federal public land agencies shall 
     consult with the appropriate advisory councils established 
     under Executive Order 12962 (16 U.S.C. 1801 note; relating to 
     recreational fisheries) and Executive Order 13443 (16 U.S.C. 
     661 note; relating to facilitation of hunting heritage and 
     wildlife conservation).
       (i) Authority of States.--
       (1) In general.--Nothing in this title interferes with, 
     diminishes, or conflicts with the authority, jurisdiction, or 
     responsibility of any State to manage, control, or regulate 
     fish and wildlife under State law (including regulations) on 
     land or water within the State, including on Federal public 
     land.
       (2) Federal licenses.--
       (A) In general.--Except as provided in subparagraph (B), 
     nothing in title section authorizes the head of a Federal 
     public land agency head to require a license, fee, or permit 
     to fish, hunt, or trap on land or water in a State, including 
     on Federal public land in the State.
       (B) Migratory bird stamps.--This paragraph shall not affect 
     any migratory bird stamp requirement of the Migratory Bird 
     Hunting and Conservation Stamp Act (16 U.S.C. 718a et seq.).
                                 ______
                                 
  SA 2406. Mr. REID proposed an amendment to amendment SA 2391 proposed 
by Mr. Reid to the bill S. 3240, to

[[Page 9079]]

reauthorize agricultural programs through 2017, and for other purposes; 
as follows:

       At the appropriate place, insert the following:

     SEC. _____. ELIMINATION OF CERTAIN WORKING LANDS CONSERVATION 
                   PROGRAMS.

       (a) Conservation Stewardship 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 repealed.
       (b) Environmental Quality Incentives Program.--Chapter 4 of 
     subtitle D of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3839aa et seq.) is repealed.
                                 ______
                                 
  SA 2407. Mr. REID proposed an amendment to amendment SA 2406 proposed 
by Mr. Reid to the amendment SA 2391 proposed by Mr. Reid to the bill 
S. 3240, to reauthorize agricultural programs through 2017, and for 
other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. 12____. FUNDING.

       Notwithstanding any other provision of this Act or any 
     amendment made by this Act, each amount made available by 
     this Act or an amendment made by this Act that is funded 
     through direct spending (as defined in section 250(c) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 900(c))) shall be considered to be an authorization of 
     appropriations for that amount and purpose.
                                 ______
                                 
  SA 2408. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 12___. YOUNG AND BEGINNING FARMER AND RANCHER LOAN FUND 
                   AND PROGRAM.

       (a) In General.--Part D of title IV of the Farm Credit Act 
     of 1971 (12 U.S.C. 2203 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 4.22. YOUNG AND BEGINNING FARMER AND RANCHER LOAN FUND 
                   AND PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Eligible borrower.--The term `eligible borrower' 
     means an agricultural producer who, as determined by the 
     Secretary--
       ``(A) is not more than 35 years old;
       ``(B)(i) has experience of at least 3 years in operating a 
     farm or ranch; but
       ``(ii) has not more than 10 years of total farming or 
     ranching experience;
       ``(C) for the immediately preceding complete taxable year 
     had an average adjusted gross farm income (as defined in 
     section 1001D of the Farm Security Act of 1985 (7 U.S.C. 
     1308-3a) of not more than $250,000;
       ``(D) meets the creditworthiness standards of the Farm 
     Service Agency; and
       ``(E) has received, or commits to obtain, a minimum 
     quantity of training in agricultural production and financial 
     management.
       ``(2) Fund.--The term `Fund' means the Young and Beginning 
     Farmer and Ranchers Loan Fund established by subsection (b).
       ``(3) Funding institution.--The term `funding institution' 
     means an entity that, during the immediately preceding 
     taxable year--
       ``(A) was part of the Farm Credit System;
       ``(B) was subject to regulation by the Farm Credit 
     Administration; and
       ``(C) had net income resulting from tax-exempt earnings on 
     real estate lending.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture, acting through the Administrator of the Farm 
     Service Agency.
       ``(b) Young and Beginning Farmer and Ranchers Loan Fund.--
       ``(1) Establishment of fund.--
       ``(A) In general.--There is established in the Treasury of 
     the United States a fund to be known as the `Young and 
     Beginning Farmer and Ranchers Loan Fund', to be administered 
     by the Secretary, to be available without fiscal year 
     limitation and not subject to appropriation.
       ``(B) Use of funds.--Amounts in the Fund may be used by the 
     Secretary for--
       ``(i) the costs of making loans to eligible borrowers for 
     use as collateral toward the purchase of farm or ranch land 
     in accordance with subsection (c);
       ``(ii) the provision of training in agricultural production 
     and financial management to eligible borrowers; and
       ``(iii) the making of grants to States under subsection 
     (d).
       ``(C) Relationship to other authorities.--The authority and 
     funding for loans described in subsection (c) shall be in 
     addition to any other authority of the Secretary for 
     providing such loans to eligible borrowers.
       ``(2) Transfers to fund.--
       ``(A) In general.--The Fund shall consist of--
       ``(i) such amounts as are transferred to the Fund by 
     funding institutions under subparagraph (B);
       ``(ii) such amounts as are received from any payment made 
     with respect to any loan made from the Fund; and
       ``(iii) appropriations equivalent to the taxes received in 
     the Treasury under section 4968 of the Internal Revenue Code 
     of 1986.
       ``(B) Transfers.--Not later than an annual date determined 
     by the Secretary, each funding institution shall be required 
     to--
       ``(i) transfer into the Fund an amount equal to 10 percent 
     of the dollar value of the tax-exemption of the institution 
     under the Internal Revenue Code of 1986 for the immediately 
     preceding taxable year as determined by the Secretary of the 
     Treasury, or
       ``(ii) provide such evidence as the Secretary determines 
     necessary to show that such institution loaned at least such 
     amount to eligible borrowers during such preceding taxable 
     year at an interest rate specified in subsection (c)(4).
       ``(3) Prohibition.--Amounts in the Fund may not be made 
     available for any purpose other than a purpose described in 
     paragraph (1)(B).
       ``(c) Loan Program.--
       ``(1) In general.--The Secretary shall carry out a loan 
     program under which eligible borrowers may apply for loans 
     for use as collateral toward the purchase of farm or ranch 
     land.
       ``(2) Use of loan.--An eligible borrower may use a loan 
     under this subsection in conjunction with other loans made 
     by--
       ``(A) the Farm Service Agency;
       ``(B) an institution that is part of the Farm Credit 
     System; or
       ``(C) a bank or credit union that is subject to safety and 
     soundness examination by an agency of Federal or State 
     government, including the Farm Service Agency.
       ``(3) Amount.--
       ``(A) In general.--The total amount that an eligible 
     borrower may borrow under this subsection is $300,000.
       ``(B) Individual loan maximum.--The total amount of any 1 
     loan under this subsection shall not exceed the lesser of--
       ``(i) the lesser of--

       ``(I) 10 percent of the appraised value of the land to be 
     purchased; and
       ``(II) 10 percent of the purchase price of the land; and

       ``(ii) $250,000.
       ``(4) Interest rate.--A loan under this subsection shall 
     have an interest rate equal to the lesser of--
       ``(A) 1.5 percent; and
       ``(B) the then current cost of funds to the Department of 
     the Treasury for obligations with a 10-year maturity.
       ``(5) Repayment.--
       ``(A) In general.--The repayment of a loan under this 
     subsection shall be amortized over a 30-year period, with a 
     balloon payment due for the entire unpaid balance of the loan 
     due on the earlier of--
       ``(i) the date that is 20 years after the date on which the 
     loan is made; or
       ``(ii) the date on which the land is sold.
       ``(B) Default.--
       ``(i) In general.--If an eligible borrower fails to use the 
     land subject to a loan under this subsection for an 
     agricultural use for a minimum usage period as determined by 
     the Secretary, the loan shall be considered in default and 
     become due and payable.
       ``(ii) Sale of land.--Subject to subparagraph (C), if an 
     eligible borrower sells or otherwise disposes of an interest 
     in the land subject to a loan under this subsection without 
     the prior permission of the Secretary, the loan shall be 
     considered in default and become due and payable.
       ``(C) Death or disability.--
       ``(i) In general.--If an eligible borrower dies or becomes 
     disabled, a loan under this subsection may be assumed by 
     another eligible borrower, including an immediate family 
     member of the original borrower who has been involved in the 
     agricultural operation, as determined by the Secretary.
       ``(ii) No assumption of debt.--If no eligible borrower is 
     able or willing to assume the loan, the loan shall be due and 
     payable--

       ``(I) in the case of death of the original borrower, not 
     later than 18 months after the date of death; and
       ``(II) in the case of disability of the original borrower, 
     not later than 18 months after the determination of 
     disability by an appropriate agency.

       ``(6) Collateralization.--Notwithstanding applicable State 
     law, the total amount of indebtedness of an eligible borrower 
     in relation to the purchase of land subject to a loan under 
     this subsection shall be fully collateralized in an amount 
     that does not exceed the appraised value of the land being 
     purchased, so that all creditors involved in financing the 
     purchase of the land are considered secured creditors.
       ``(d) Grants to States.--
       ``(1) Purpose.--The purpose of the grants made available 
     under this subsection is to develop State-based local farm 
     and food-product economies to revitalize rural and urban 
     communities, promote healthy eating, create jobs, and support 
     economic growth by making local farm and food products more 
     available locally.
       ``(2) Program.--The Secretary shall use not less than one-
     fourth of the amounts available in the Fund each fiscal year 
     to make grants to States to assist in the development of 
     local farm economies, including the creation of new markets 
     for local farm products, such as the sale of fresh produce by 
     local agricultural producers to schools.

[[Page 9080]]

       ``(3) Eligibility.--To be eligible to receive a grant under 
     this subsection, a State shall--
       ``(A) submit to the Secretary a plan that describes--
       ``(i) the manner in which the State intends to use the 
     grant funds to support small and beginning agricultural 
     producers who are starting or expanding operations to supply 
     local and regional markets as part of a strategy to rebuild 
     and reinvest in rural areas; and
       ``(ii) which agency of the State will carry out the plan; 
     and
       ``(B) agree to submit to the Secretary reports at such 
     intervals and containing such information as the Secretary 
     determines to be necessary to ensure that the State is using 
     the grant funds in accordance with the purpose of this 
     subsection.
       ``(4) Oversight.--The Small Farms and Beginning Farmers and 
     Ranchers Council shall oversee the program in consultation 
     with the Advisory Committee on Beginning Farmers and Ranchers 
     established under section 5(b) of the Agricultural Credit 
     Improvement Act of 1992 (7 U.S.C. 1929 note; Public Law 102-
     554)
       ``(e) Reports.--
       ``(1) In general.--The Secretary shall submit regular 
     programmatic reports on the status of the Fund and the 
     program under this section to the Advisory Committee on 
     Beginning Farmers and Ranchers established under section 5(b) 
     of the Agricultural Credit Improvement Act of 1992 (7 U.S.C. 
     1929 note; Public Law 102-554). .
       ``(2) Reports to congress.--Not later than 60 days after 
     the end of each fiscal year beginning with fiscal year 2013, 
     the Secretary shall submit to the Committee on Appropriations 
     of the House of Representatives, the Committee on 
     Appropriations of the Senate, the Committee on Agriculture, 
     Nutrition, and Forestry of the Senate, and the Committee on 
     Agriculture of the House of Representatives a report on the 
     operation of the Fund during the fiscal year.
       ``(3) Contents.--Each report submitted under paragraph (2) 
     shall include, for the fiscal year covered by the report, the 
     following:
       ``(A) A statement of the amounts deposited into the Fund.
       ``(B) A description of the expenditures made from the Fund 
     for the fiscal year, including the purpose of the 
     expenditures.
       ``(C) Recommendations, developed in consultation with the 
     Advisory Committee described in paragraph (1), for additional 
     authorities to fulfill the purpose of the Fund.
       ``(D) A statement of the balance remaining in the Fund at 
     the end of the fiscal year.
       ``(f) Reports on Lending Data by Funding Institutions.--The 
     Farm Credit Administration shall--
       ``(1) require each funding institution to annually 
     aggregate and report all lending data by individual eligible 
     borrower, and
       ``(2) annually report this lending activity to the 
     Secretary and Congress.''.
       (b) Excise Tax on Failure to Transfer Required Amount to 
     Young and Beginning Farmer and Ranchers Loan Fund.--
       (1) In general.--Chapter 42 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     subchapter:

   ``Subchapter H--Failure to Transfer Required Amount to Young and 
                Beginning Farmer and Ranchers Loan Fund

``Sec. 4968. Failure to transfer required amount to Young and Beginning 
              Farmer and Ranchers Loan Fund.

     ``SEC. 4968. FAILURE TO TRANSFER REQUIRED AMOUNT TO YOUNG AND 
                   BEGINNING FARMER AND RANCHERS LOAN FUND.

       ``(a) In General.--If a funding institution fails to 
     transfer any portion of the amount required to be transferred 
     to the Young and Beginning Farmer and Ranchers Loan Fund 
     under section 4.22(b)(2)(B)(i) of Farm Credit Act of 1971 on 
     the date such transfer is due, there is imposed on such date 
     a tax equal to such portion.
       ``(b) Funding Institution.--For purposes of this section, 
     the term `funding institution' has the meaning given such 
     term by section 4.22(a)(3) of such Act.''.
       (2) Conforming amendment.--The table of subchapters for 
     chapter 42 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new item:

   ``subchapter h--failure to transfer required amount to young and 
               beginning farmer and ranchers loan fund''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply to failures occurring after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2409. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. TAX SUBSIDIES FOR MEMBERS OF AGRICULTURAL 
                   COOPERATIVES.

       Section 36B(c) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following:
       ``(4) Eligibility for members of agricultural 
     cooperatives.--
       ``(A) In general.--Members of agricultural cooperatives 
     that were in existence on March 23, 2010, shall be considered 
     to be enrolled in a qualified health plan if--
       ``(i) such members purchase their health insurance 
     coverage--

       ``(I) through their agricultural cooperative rather than 
     through an Exchange; or
       ``(II) from a health care cooperative organized to provide 
     health care coverage for agricultural producers and 
     agribusinesses; and

       ``(ii) the agricultural cooperative health plan meets all 
     the minimum benefit requirements of a qualified health plan.
       ``(B) Definition.--For the purposes of this subsection, the 
     term `members of agricultural cooperatives' means farmers and 
     agri-business owners who meet membership criteria of the 
     legally established agricultural cooperatives in which they 
     are enrolled, in addition to their spouses and dependents, 
     and their employees, their spouses and dependents.''.
                                 ______
                                 
  SA 2410. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2186 submitted by Mr. Coburn (for himself and Mr. Durbin) 
and intended to be proposed to the bill S. 3240, to reauthorize 
agricultural programs through 2017, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 2 of the amendment, strike line 21 and insert the 
     following:

     erage level selected by the producer.

       ``(C) Application.--
       ``(i) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the approved insurance providers, shall carry out a study to 
     determine the effects of the limitation described in 
     subparagraph (B) on--

       ``(I) the overall operations of the Federal crop insurance 
     program;
       ``(II) the number of producers participating in the Federal 
     crop insurance program;
       ``(III) the amount of premiums paid by participating 
     producers;
       ``(IV) any potential liability for approved insurance 
     providers;
       ``(V) any crops or growing regions that may be 
     disproportionately impacted;
       ``(VI) program rating structures;
       ``(VII) creation of schemes or devices to evade the impact 
     of the limitation; and
       ``(VIII) underwriting gains and losses.

       ``(ii) Effectiveness.--The limitation described in 
     subparagraph (B) shall not take effect unless the Secretary 
     determines, through the study described in clause (i), that 
     the limitation would not--

       ``(I) increase the premium amount paid by producers with an 
     average adjusted gross income of less than $750,000;
       ``(II) result in a decline in the availability of crop 
     insurance services to producers; and
       ``(III) increase the costs to the Federal government to 
     administer the Federal crop insurance program established 
     under this subtitle.''.

                                 ______
                                 
  SA 2411. Mr. UDALL of New Mexico submitted an amendment intended to 
be proposed by him to the bill S. 3240, to reauthorize agricultural 
programs through 2017, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 652, between lines 12 and 13, insert the following:

     ``SEC. 3707. FRONTIER COMMUNITIES ECONOMIC DEVELOPMENT.

       ``(a) Definition of Frontier Community.--
       ``(1) In general.--The Secretary, in consultation with the 
     Director of the Bureau of the Census and the Administrator of 
     the Economic Research Service, shall promulgate regulations 
     to define, for purposes of this section, the term `frontier 
     community'.
       ``(2) Requirements.--The definition of `frontier community' 
     shall be based on a weighted matrix that uses population 
     density, distance in miles and travel time in minutes from 
     the nearest significant service center or market, and such 
     other factors as the Secretary determines to be appropriate.
       ``(3) Identification.--The Secretary shall work with State 
     executives, officials of nonmetropolitan local governments, 
     and officials of federally recognized Indian tribes, as 
     appropriate, to identify communities that qualify as 
     `frontier communities' based on the weighted matrix.
       ``(4) Reconsideration process.--The Secretary shall 
     establish a reconsideration process under which a community 
     that has not been designated as a `frontier community' may 
     petition for designation.
       ``(b) Reservation of Funds for Frontier Communities.--
       ``(1) In general.--The Secretary shall reserve an amount of 
     not less than 3 percent of all funds made available for a 
     fiscal year for programs of the rural development mission 
     area that provide grants, loans, or loan guarantees to 
     communities, for the costs of making grants, loans, or loan 
     guarantees to frontier communities in accordance with those 
     programs and this section.
       ``(2) Requirements.--
       ``(A) In general.--Except as provided in subparagraph (B) 
     and notwithstanding any

[[Page 9081]]

     other provision of this title, in making a grant, loan, or 
     loan guarantee to a frontier community using funds reserved 
     under paragraph (1), the Secretary shall apply the terms and 
     conditions of the applicable rural development program.
       ``(B) Exceptions.--The Secretary--
       ``(i) in the case of grants and regardless of cost-sharing 
     requirements in the underlying program, may make available a 
     grant of up to 100 percent Federal cost share to frontier 
     communities;
       ``(ii) for purposes of scoring grant applications, may not 
     consider whether a frontier community belongs to a regional 
     partnership; and
       ``(iii) may not impose a minimum grant or loan amount 
     requirement.
       ``(3) Insufficient applications.--If funds reserved under 
     paragraph (1) remain available due to insufficient 
     applications after the end of the 180-day period beginning on 
     the date on which the funds are reserved, the Secretary shall 
     use the funds for the purposes for which the funds were 
     originally made available.
       ``(c) Capacity Building, Technical Assistance, and Project 
     Planning.--
       ``(1) Definition of eligible entity.--In this subsection, 
     the term `eligible entity' means--
       ``(A) an association of counties;
       ``(B) a council of State and local governments;
       ``(C) a cooperative;
       ``(D) an Indian tribe (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b));
       ``(E) a public agency;
       ``(F) a community-based organization, intermediary 
     organization, network, or coalition of community-based 
     organizations that does not engage in activities prohibited 
     under section 501(c)(3) of the Internal Revenue Code of 1986; 
     or
       ``(G) a similar entity, as determined by the Secretary.
       ``(2) Grants.--The Secretary shall make available to 
     eligible entities grants to facilitate greater capacity for 
     frontier communities to plan projects and acquire and manage 
     loans and grants made available through rural development 
     programs of the Department and other funding sources.
       ``(3) Priority.--In considering grant applications under 
     this subsection, the Secretary shall give higher priority to 
     an eligible entity that, as determined by the Secretary--
       ``(A) demonstrates an existing relationship with the 
     frontier community intended to be served by the eligible 
     entity; and
       ``(B) is a local organization or government entity.
       ``(4) Reservation of funds.--
       ``(A) In general.--The Secretary shall reserve an amount of 
     not more than 5 percent of all funds made available for 
     programs of the rural development mission area for a fiscal 
     year to make grants in accordance with this subsection.
       ``(B) Insufficient applications.--If funds reserved under 
     subparagraph (A) remain available due to insufficient 
     applications after the end of the 180-day period beginning on 
     the date on which the funds are reserved, the Secretary shall 
     use the funds for the purposes for which the funds were 
     originally made available.
                                 ______
                                 
  SA 2412. Mr. UDALL of New Mexico submitted an amendment intended to 
be proposed by him to the bill S. 3240, to reauthorize agricultural 
programs through 2017, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 751, strike line 23 and insert the following:

     ``SEC. 3915. COMMUNITY LAND GRANT-MERCEDES.

       ``(a) Findings.--Congress finds that--
       ``(1) Spanish and Mexican community land grant-mercedes are 
     part of a unique and important history in the southwest 
     United States dating back to the 1600s and becoming 
     incorporated into the United States through the Treaty of 
     Peace, Friendship, Limits, and Settlement between the United 
     States of America and the Mexican Republic, signed at 
     Guadalupe Hidalgo February 2, 1848, and entered into force 
     May 30, 1848 (9 Stat. 922) (commonly referred to as the 
     `Treaty of Guadalupe Hidalgo');
       ``(2) the years following the signing of that treaty 
     resulted in a significant loss of land originally belonging 
     to the community land grant-mercedes due to manipulations and 
     unfulfilled commitments;
       ``(3) the community land grant-mercedes that are recognized 
     as political subdivisions are in need of increased economic 
     opportunities; and
       ``(4) the rural development programs of the Department of 
     Agriculture are an appropriate venue for addressing the needs 
     of the community land grant-mercedes.
       ``(b) Definitions.--In this section:
       ``(1) Community land grant-mercedes.--The term `community 
     land grant-mercedes' means a political subdivision of a State 
     that is part of the United States and is located on land that 
     was granted by the government of Spain or the government of 
     Mexico to--
       ``(A) a community, town, colony, or pueblo; or
       ``(B) a person for the purpose of founding or establishing 
     a community, town, colony, or pueblo.
       ``(2) Land grant council.--The term `land grant council' 
     means an agency of a State government established by law--
       ``(A) to provide support to land grants-mercedes; and
       ``(B) to serve as a liaison between land grant-mercedes and 
     other State agencies and the Federal government.
       ``(c) Program.--
       ``(1) In general.--In addition to any other funds made 
     available for similar purposes, the Secretary shall use funds 
     set aside under paragraph (3) to provide grants to community 
     land grant-mercedes and land grant councils for the purpose 
     of carrying out economic and community development 
     initiatives under--
       ``(A) the water and waste disposal systems for rural 
     communities program under section 3501;
       ``(B) the Special Evaluation Assistance for Rural 
     Communities and Households (SEARCH) program under section 
     3501(e)(6);
       ``(C) the community facility grant program under section 
     3502;
       ``(D) the program of rural business development grants 
     under section 3601(a)(3)(A);
       ``(E) the program of rural business enterprise grants under 
     section 3601(a)(3)(B);
       ``(F) the rural microentrepreneur assistance program under 
     section 3601(f)(2); and
       ``(G) the rural community development initiative.
       ``(2) Federal share.--Notwithstanding any other requirement 
     of the programs described in paragraph (1), the Secretary 
     shall make available to community land grant-mercedes grants 
     under those programs at a Federal share of up to 100 percent.
       ``(3) Set aside.--Notwithstanding any other provision of 
     law, of amounts made available for a fiscal year for rural 
     development programs of the Department of Agriculture, 
     $10,000,000 shall be used to carry out this section.

     ``SEC. 3916. REGULATIONS.

                                 ______
                                 
  SA 2413. Mr. BLUMENTHAL (for himself, Mr. Lieberman, and Mr. Merkley) 
submitted an amendment intended to be proposed by him to the bill S. 
3240, to reauthorize agricultural programs through 2017, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 1003, strike lines 16 through 25 and insert the 
     following:
     able; and'';
       (ii) in subparagraph (B)--

       (I) by inserting ``(except ferns)'' after 
     ``floricultural'';
       (II) by inserting ``(except ferns)'' after ``ornamental 
     nursery''; and
       (III) by striking ``(including ornamental fish)'' and 
     inserting ``(regardless of production method and including 
     ornamental fish, but excluding tropical fish)''; and

       (iii) by adding at the end the following:
       ``(D) Aquaculture crops.--The Secretary shall not exclude 
     an aquaculture crop from the definition of eligible crops 
     under this paragraph solely because the aquaculture crop is 
     not planted or seeded in a container, wire basket, net pen, 
     or any other similar device that is designed for the 
     protection and containment of seeded aquacultural species.'';
                                 ______
                                 
  SA 2414. Mr. PRYOR (for himself, Mr. Boozman, Mr. Reed, Mr. Nelson of 
Florida, and Mrs. McCaskill) submitted an amendment intended to be 
proposed by him to the bill S. 3240, to reauthorize agricultural 
programs through 2017, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of the bill, add the following:

     SEC. 122__. CRITERIA AND NOTICE FOR CLOSURE OR RELOCATION OF 
                   LOCAL OFFICES OF DEPARTMENT OF AGRICULTURE.

       (a) Criteria.--Prior to selecting State, county, or field 
     offices of the Farm Service Agency, the Under Secretary for 
     Rural Development, or the Natural Resources Conservation 
     Service (referred to in this section as a ``covered office'') 
     for closure, the Secretary shall consider--
       (1) the cost saved from closing each covered office;
       (2) the driving distance between each covered office and 
     the closest covered office;
       (3) the number of citizens served;
       (4) after an evaluation of the workload of each covered 
     office, the overall workload of the covered office;
       (5) the average number of employees staffed in each covered 
     office during the preceding 5-calendar year period;
       (6) the number of covered offices within each county; and
       (7) in the case of local offices of the Farm Service 
     Agency--
       (A) the total number of reported planted acres covered by 
     each office; and
       (B) the total number of reported livestock covered by each 
     office.
       (b) Public Disclosure.--Prior to the closure of a covered 
     office, the Secretary shall publish in the Federal Register--

[[Page 9082]]

       (1) a list of covered offices that are proposed to be 
     closed; and
       (2) a description of the formula used to select the covered 
     offices for closure.
       (c) Congressional Disclosure.--Not later than 3 days before 
     public disclosure under subsection (b), the Secretary shall 
     submit the information described in subsection (b) to--
       (1) the Committee on Agriculture of the House of 
     Representatives;
       (2) the Committee on Appropriations of the House of 
     Representatives;
       (3) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate;
       (4) the Committee on Appropriations of the Senate;
       (5) each Member of the Senate representing the State in 
     which a covered office proposed to be closed is located; and
       (6) the Member of the House of Representatives who 
     represents the Congressional district in which a covered 
     office proposed to be closed is located.
       (d) Public Meeting and Notice.--The Secretary may not close 
     a covered office unless--
       (1) not later than 30 days after the Secretary proposes to 
     close the covered office, the Secretary holds a public 
     meeting regarding the proposed closure in the county in which 
     the covered office is located; and
       (2) after the public meeting described in paragraph (1) but 
     not later than 90 days before the date on which the Secretary 
     approves the closure of the covered office, the Secretary 
     submits to each Committee and Member described in subsection 
     (c) notice of the proposed closure of the covered office.
       (e) Presence After Closure.--The Secretary shall ensure 
     that employees of the Department of Agriculture--
       (1) maintain a presence in counties without a covered 
     office by frequently and consistently sending to the affected 
     counties employees of the same agency for consultation; and
       (2) use any remaining office of the Department of 
     Agriculture in an affected county as a location for 
     maintaining a presence in the affected county.
                                 ______
                                 
  SA 2415. Mr. PRYOR (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       In section 1203(b)--
       (1) strike ``The Secretary'' and insert the following:
       ``(1) In general.--The Secretary''; and
       (2) add at the end the following:
       ``(2) Permitted extensions.--The Secretary may extend the 
     term of a marketing assistance loan (including the loan rate) 
     for any loan commodity if--
       ``(A) at the time the marketing loan is due--
       ``(i) the loan commodity is stored in a county for which--

       ``(I) a natural disaster is declared by the Secretary under 
     section 321(a) of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1961(a)); or
       ``(II) a major disaster or emergency is designated by the 
     President under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.); or

       ``(ii) the port used to ship the loan commodity is closed 
     or restricted pursuant to a Coast Guard regulation;
       ``(B) the loan commodity is stored in the county described 
     in subparagraph (A)(i);
       ``(C) the marketing loan is extended not more than 90 days;
       ``(D) the request for the extension is approved by the 
     applicable State Director of the Farm Service Agency on an 
     individual basis; and
       ``(E) the extension does not extend the term of the 
     marketing assistance loan beyond July 31 of the applicable 
     crop year.''.
                                 ______
                                 
  SA 2416. Mr. PRYOR (for himself and Mr. Blunt) submitted an amendment 
intended to be proposed by him to the bill S. 3240, to reauthorize 
agricultural programs through 2017, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 880, strike lines 5 through 15 and insert the 
     following:

     SEC. 9001. DEFINITIONS.

       Section 9001 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8101) is amended--
       (1) by 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 market 
     maturity.'';
       (2) by redesignating paragraphs (9), (10), (11), (12), 
     (13), and (14) as paragraphs (10), (11), (12), (13), (15), 
     and (16), respectively;
       (3) by inserting after paragraph (8) the following:
       ``(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, lumber, and other 
     wood products; and
       ``(ii) any recycled products derived from forest 
     materials.''; and
       (4) by inserting after paragraph (13) (as so redesignated) 
     the following:
       ``(14) Renewable chemical.--The term `renewable chemical' 
     means a monomer, polymer, plastic, formulated product, or 
     chemical substance produced from renewable biomass.''.
                                 ______
                                 
  SA 2417. Mr. UDALL of New Mexico (for himself and Mr. Bingaman) 
submitted an amendment intended to be proposed by him to the bill S. 
3240, to reauthorize agricultural programs through 2017, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 988, between lines 22 and 23, insert the following:
       (A) in paragraph (1), by inserting ``and veteran farmers 
     and ranchers'' after ``ranchers'';
       On page 988, line 23, strike ``(A)'' and insert ``(B)''.
       On page 988, line 26, strike ``(B)'' and insert ``(C)''.
       On page 989, lines 9 and 10, strike ``$5,000,000 for each 
     of fiscal years 2013 through 2017'' and insert 
     ``$150,000,000, to remain available until expended''.
       On page 989, line 19, strike ``and'' after the semicolon.
       On page 990, line 3, strike the period and insert ``; 
     and''.
       On page 990, between lines 3 and 4, insert the following:
       (5) in subsection (e)(5)(A), by inserting ``and veteran 
     farmers and ranchers'' after ``ranchers'' each place it 
     appears in clauses (i) and (ii).
       On page 990, between lines 13 and 14, insert the following:
       (c) Reports.--
       (1) Initial report.--Not later than 180 days after the date 
     of enactment of this Act, the head of the Office of Advocacy 
     and Outreach of the Department of Agriculture shall submit to 
     Congress a report describing the extent and means of 
     compliance by the Office with the recommendations of the 
     Office of the Inspector General of the Department of the 
     Agriculture contained in the audit report entitled ``Controls 
     over the Grant Management Process of the Office of Advocacy 
     and Outreach - Section 2501 Program Grantee Selection for 
     Fiscal Year 2012'', numbered 91011-0001-21, and dated May 18, 
     2012.
       (2) Subsequent report.--Not later than 18 months after the 
     date of enactment of this Act, the head of the Office of 
     Advocacy and Outreach shall submit to Congress a follow-up 
     report describing the extent and means of compliance by the 
     Office with the control measures contained in the audit 
     report described in paragraph (1) relating to the grant 
     management process of the Office with respect to program 
     grantee selection under section 2501 of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
     2279).
                                 ______
                                 
  SA 2418. Mr. LIEBERMAN (for himself and Mr. Reed) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 196, strike lines 3 through 16 and insert the 
     following:
       ``(g) Wildlife Habitat Incentive Practice.--
       ``(1) Definition of eligible land.--
       ``(A) In general.--Notwithstanding section 1240A, in this 
     subsection, the term `eligible land' has such meaning as the 
     applicable State conservationist, in consultation with the 
     State technical committee, shall establish, in accordance 
     with subparagraph (B).
       ``(B) Requirements.--
       ``(i) Restriction.--The definition of `eligible land' shall 
     include only non-Federal land.
       ``(ii) Deadline.--An initial definition under subparagraph 
     (A) shall be established not more than 180 days after the 
     date of enactment of this Act.
       ``(iii) Review.--Each definition of `eligible land' shall 
     be reviewed by the applicable State technical committee not 
     less frequently than once each year.
       ``(2) Payments.--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--
       ``(A) upland wildlife habitat;
       ``(B) wetland wildlife habitat;

[[Page 9083]]

       ``(C) habitat for threatened and endangered species;
       ``(D) fish habitat;
       ``(E) habitat in riparian areas and waterways;
       ``(F) habitat on pivot corners and other irregular areas of 
     a field; and
       ``(G) other types of wildlife habitat, as determined by the 
     Secretary.''.
                                 ______
                                 
  SA 2419. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. DEFINITION OF FOOD.

       Section 3(k) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2012(k)) is amended by inserting before the period at 
     the end the following: ``, except that a food, food product, 
     meal, or other item described in this subsection shall be 
     considered a food under this Act only if the Secretary 
     determines that the food, food product, meal, or other item 
     is necessary for essential nutrition''.
                                 ______
                                 
  SA 2420. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1009, after line 11, add the following:

     SEC. 12207. VARIANCE FOR GEOGRAPHICALLY ISOLATED SHELL EGG 
                   PRODUCERS.

       Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 341 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 424. VARIANCE FOR GEOGRAPHICALLY ISOLATED SHELL EGG 
                   PRODUCERS.

       ``(a) Shell Egg Variance.--A State without a shell breaking 
     facility may request a variance from part 118 of title 21, 
     Code of Federal Regulations (or any successor regulations) on 
     behalf of egg producers located in such State. Such request 
     shall describe the variance requested and present information 
     demonstrating that the variance does not increase the 
     likelihood that the shell eggs for which the variance is 
     requested will be contaminated with Salmonella Enteritidis, 
     and that the variance provides a similar level of public 
     health protection as the requirements of the regulations 
     under part 118 of title 21, Code of Federal Regulations (or 
     any successor regulations).
       ``(b) Action on Variances.--
       ``(1) Timing.--The Secretary shall review a request for a 
     variance within a reasonable timeframe.
       ``(2) Approval of variances.--The Secretary may approve a 
     variance in whole or in part, as appropriate, and may specify 
     the scope of applicability of a variance to other similarly 
     situated persons.
       ``(3) Denial of variances.--The Secretary may deny a 
     variance request if the Secretary determines that such 
     variance is not reasonably likely to ensure the safety of 
     shell eggs and is not reasonably likely to provide the same 
     level of public health protection as the requirements of part 
     118 of title 21, Code of Federal Regulations (or any 
     successor regulations). The Secretary shall notify the person 
     requesting such variance of the reasons for the denial.
       ``(4) Modification or revocation of a variance.--The 
     Secretary, after notice and an opportunity for a hearing, may 
     modify or revoke a variance if the Secretary determines that 
     such variance is not reasonably likely to ensure that the 
     shell eggs will test negative for Salmonella Enteritidis and 
     is not reasonably likely to provide the same level of public 
     health protection as the requirements of part 118 of title 
     21, Code of Federal Regulations (or any successor 
     regulations).''.
                                 ______
                                 
  SA 2421. Mr. PAUL (for himself, Mr. Inhofe, and Mr. Graham) submitted 
an amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike subtitle A of title IV and insert the following:

          Subtitle A--Nutrition Assistance Block Grant Program

     SEC. 4001. NUTRITION ASSISTANCE BLOCK GRANT PROGRAM.

       (a) In General.--For each of fiscal years 2014 through 
     2021, the Secretary shall establish a nutrition assistance 
     block grant program under which the Secretary shall make 
     annual grants to each participating State that establishes a 
     nutrition assistance program in the State and submits to the 
     Secretary annual reports under subsection (d).
       (b) Requirements.--As a requirement of receiving grants 
     under this section, the Governor of each participating State 
     shall certify that the State nutrition assistance program 
     includes--
       (1) work requirements;
       (2) mandatory drug testing;
       (3) verification of citizenship or proof of lawful 
     permanent residency of the United States; and
       (4) limitations on the eligible uses of benefits that are 
     at least as restrictive as the limitations in place for the 
     supplemental nutrition assistance program established under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) as 
     of May 31, 2012.
       (c) Amount of Grant.--For each fiscal year, the Secretary 
     shall make a grant to each participating State in an amount 
     equal to the product of--
       (1) the amount made available under section 4002 for the 
     applicable fiscal year; and
       (2) the proportion that--
       (A) the number of legal residents in the State whose income 
     does not exceed 100 percent of the poverty line (as defined 
     in section 673(2) of the Community Services Block Grant Act 
     (42 U.S.C. 9902(2), including any revision required by such 
     section)) applicable to a family of the size involved; bears 
     to
       (B) the number of such individuals in all participating 
     States for the applicable fiscal year, based on data for the 
     most recent fiscal year for which data is available.
       (d) Annual Report Requirements.--
       (1) In general.--Not later than January 1 of each year, 
     each State that receives a grant under this section shall 
     submit to the Secretary a report that shall include, for the 
     year covered by the report--
       (A) a description of the structure and design of the 
     nutrition assistance program of the State, including the 
     manner in which residents of the State qualify for the 
     program;
       (B) the cost the State incurs to administer the program;
       (C) whether the State has established a rainy day fund for 
     the nutrition assistance program of the State; and
       (D) general statistics about participation in the nutrition 
     assistance program.
       (2) Audit.--Each year, the Comptroller General of the 
     United States shall--
       (A) conduct an audit on the effectiveness of the 
     nutritional assistance block grant program and the manner in 
     which each participating State is implementing the program; 
     and
       (B) not later than June 30, submit to the appropriate 
     committees of Congress a report describing--
       (i) the results of the audit; and
       (ii) the manner in which the State will carry out the 
     supplemental nutrition assistance program in the State, 
     including eligibility and fraud prevention requirements.
       (e) Use of Funds.--
       (1) In general.--A State that receives a grant under this 
     section may use the grant in any manner determined to be 
     appropriate by the State to provide nutrition assistance to 
     the legal residents of the State.
       (2) Availability of funds.--Grant funds made available to a 
     State under this section shall--
       (A) remain available to the State for a period of 5 years; 
     and
       (B) after that period, shall--
       (i) revert to the Federal Government to be deposited in the 
     Treasury and used for Federal budget deficit reduction; or
       (ii) if there is no Federal budget deficit, be used to 
     reduce the Federal debt in such manner as the Secretary of 
     the Treasury considers appropriate.

     SEC. 4002. FUNDING.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       (1) for fiscal year 2014, $44,400,000,000;
       (2) for fiscal year 2015, $45,500,000,000;
       (3) for fiscal year 2016, $46,600,000,000;
       (4) for fiscal year 2017, $47,800,000,000;
       (5) for fiscal year 2018, $49,000,000,000;
       (6) for fiscal year 2019, $50,200,000,000;
       (7) for fiscal year 2020, $51,500,000,000; and
       (8) for fiscal year 2021, $52,800,000,000.
       (b) Discretionary Spending Limit Adjustment.--Section 
     251(c) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 901(c)) is amended--
       (1) in paragraph (3), by striking the figure and inserting 
     ``$1,110,400,000,000'';
       (2) in paragraph (4), by striking the figure and inserting 
     ``$1,131,500,000,000'';
       (3) in paragraph (5), by striking the figure and inserting 
     ``$1,153,600,000,000'';
       (4) in paragraph (6), by striking the figure and inserting 
     ``$1,178,800,000,000'';
       (5) in paragraph (7), by striking the figure and inserting 
     ``$1,205,000,000,000'';
       (6) in paragraph (8), by striking the figure and inserting 
     ``$1,232,200,000,000'';
       (7) in paragraph (9), by striking the figure and inserting 
     ``$1,259,500,000,000''; and
       (8) in paragraph (10), by striking the figure and inserting 
     ``$1,286,800,000,000''.
       (c) Discretionary Cap Adjustment for New Program 
     Spending.--Section 251A(2) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(2)) is 
     amended--
       (1) in subparagraph (B)(ii), by striking the figure and 
     inserting ``$554,400,000,000'';
       (2) in subparagraph (C)(ii), by striking the figure and 
     inserting ``$565,500,000,000'';
       (3) in subparagraph (D)(ii), by striking the figure and 
     inserting ``$576,600,000,000'';
       (4) in subparagraph (E)(ii), by striking the figure and 
     inserting ``$588,800,000,000'';
       (5) in subparagraph (F)(ii), by striking the figure and 
     inserting ``$602,000,000,000'';
       (6) in subparagraph (G)(ii), by striking the figure and 
     inserting ``$616,200,000,000'';
       (7) in subparagraph (H)(ii), by striking the figure and 
     inserting ``$629,500,000,000''; and

[[Page 9084]]

       (8) in subparagraph (I)(ii), by striking the figure and 
     inserting ``$642,800,000,000''.

     SEC. 4003. REPEALS.

       (a) In General.--Effective September 30, 2013, the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is repealed.
       (b) Repeal of Mandatory Funding.--
       (1) In general.--Notwithstanding any other provision of 
     law, effective September 30, 2013, the supplemental nutrition 
     assistance program established under the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2011 et seq.) (as in effect prior to 
     that date) shall cease to be a program funded through direct 
     spending (as defined in section 250(c) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) 
     prior to the amendment made by paragraph (2)).
       (2) Direct spending.--Effective September 30, 2013, section 
     250(c)(8) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 900(c)(8)) is amended--
       (A) in subparagraph (A), by adding ``and'' at the end;
       (B) in subparagraph (B), by striking ``; and'' at the end 
     and inserting a period; and
       (C) by striking subparagraph (C).
       (3) Entitlement authority.--Effective September 30, 2013, 
     section 3(9) of the Congressional Budget and Impoundment 
     Control Act of 1974 (2 U.S.C. 622(9)) is amended--
       (A) by striking ``means--'' and all that follows through 
     ``the authority to make'' and inserting ``means the authority 
     to make'';
       (B) by striking ``; and'' and inserting a period; and
       (C) by striking subparagraph (B).
       (4) Other direct spending.--Effective September 30, 2013, 
     section 1026(5) of the Congressional Budget and Impoundment 
     Control Act of 1974 (2 U.S.C. 691e(5)) is amended--
       (A) in subparagraph (A), by adding ``and'' at the end;
       (B) in subparagraph (B), by striking ``; and'' at the end 
     and inserting a period; and
       (C) by striking subparagraph (C).
       (c) Relationship to Other Law.--Any reference in this Act, 
     an amendment made by this Act, or any other Act to the 
     supplemental nutrition assistance program shall be considered 
     to be a reference to the nutrition assistance block grant 
     program under this subtitle.

     SEC. 4004. BASELINE.

       Notwithstanding section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 907), the 
     baseline shall assume that, on and after September 30, 2013, 
     no benefits shall be provided under the supplemental 
     nutrition assistance program established under the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as in effect 
     prior to that date).
                                 ______
                                 
  SA 2422. Mrs. FEINSTEIN (for herself, Mrs. Boxer, and Mr. Kyl) 
submitted an amendment intended to be proposed by her to the bill S. 
3240, to reauthorize agricultural programs through 2017, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 2207 and insert the following:

     SEC. 2207. 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 (b)(2), by striking ``2012'' and 
     inserting ``2017''; and
       (2) by adding at the end the following:
       ``(c) Reporting.--Not later than December 31, 2013, and 
     every 2 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.''.

                          ____________________