[House Report 107-191]
[From the U.S. Government Publishing Office]
107th Congress Rept. 107-191
HOUSE OF REPRESENTATIVES
1st Session Part 2
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FARM SECURITY ACT OF 2001
_______
August 31, 2001.--Ordered to be printed
_______
Mr. Combest, from the Committee on Agriculture, submitted the following
SUPPLEMENTAL REPORT
[To accompany H.R. 2646]
[Including cost estimate of the Congressional Budget Office]
This supplemental report includes additional committee
positions and the Congressional Budget Office cost estimate and
shows the changes in existing law made by the bill (H.R. 2646),
as reported, which was omitted in part 1 of the report
submitted on August 2, 2001 (H. Rept. 107-191, pt. 1).
This supplemental report is submitted in accordance with
clause 3(a)(2) of Rule XIII of the Rules of the House of
Representatives.
Additional Committee Position
Several of the statutory changes made by title II of H.R.
2646 are merely clarifying or simplifying the programs
authorized under title XII of the Food Security Act of 1985.
These statutory changes do not require--and the Committee does
not expect--any changes in program administration. In order to
ensure that the Committee's expectation with regard to these
provisions is clearly understood, the following additional
committee views are included with regard to Title II of H.R.
2646.
Sec. 221. Elimination of General Provisions
This provision eliminates the Environmental Conservation
Acreage Reserve Program (``ECARP'') because it is redundant,
unnecessary, and USDA has not used its priority areas authority
in program implementation. USDA has instead relied upon
specific priority area authority under the separate Title XII
programs. Understanding that this deletion will remove the
ECARP reference to the phrase ``soil, water and related natural
resources,'' the Committee notes that related resources, such
as wildlife habitat, are adequately addressed and included in
the specific programs authorized by Title XII.
Sec. 232. Enrollment
In eliminating the priority area authority in section
1231(f), the Committee does not intend for the Secretary to
administer the CRP without any priorities. Rather, in directing
the Secretary to develop regulations to implement section
1231(i), the Committee intends that the Secretary shall develop
a means by which some priority shall be given to applications
proposing to address particularly important environmental
issues. In so doing, it is the intent of the Committee that the
Secretary, in consultation with other appropriate interested
parties, shall focus on priority issues rather than specific
geographic areas.
In including the provision regarding the eligibility of
expiring CRP contracts, it is the Committee's intent that
expiring CRP acreage be eligible to re-enroll, not that it
automatically be re-enrolled. Acreage with expiring contracts
would still have to compete during general sign-ups with all
other acreage being offered or meet the other eligibility
requirements for enrollment in the continuous sign-up.
Sec. 233. Duties of Owners and Operators
With respect to managed grazing, limited haying and the
installation of wind turbines, the Committee expects that any
such permitted activity will be done in a manner which is
consistent with the overall goals of the Conservation Reserve
Program.
Sec. 242. Easements and Agreements
USDA currently enrolls acres in the Wetlands Reserve
Program either through easements (permanent or otherwise) or
cost-share restoration. The Committee expects USDA to continue
to enroll acres in these manners as appropriate, and is merely
simplifying those statutory provisions in section 1237 to
remove the reference to enrollment percentages, which are no
longer relevant.
Similarly, the change made to section 1237A is also
simplifying the statute by removing redundant references to
mowing and spraying, which are already habitat alterations
under section 1237A(b)(2). The Committee notes that the
statute, as rewritten, prohibits habitat alternation unless
contained in the management plan, and the committee expects
this to include mowing, grazing, and spraying of chemicals.
Even though the Committee is deleting the mandatory
requirement for the Secretary to consult with the State
Technical Committee in developing a wetlandrestoration plan,
the Committee notes that the Secretary maintains the discretionary
authority to do so, and expects the Secretary to consult with the State
Technical Committee when appropriate.
Sec. 243. Duties of the Secretary
Similarly, even though the Committee is deleting the
mandatory requirement to consult with the Secretary of the
Interior in awarding easements, the Committee notes that
Secretary continues to have the discretionary authority to do
so, and expects the Secretary to consult the Secretary of
Interior when appropriate for assistance in determining the
value of an agreement for protecting and enhancing habitat for
migratory birds and other wildlife.
Sec. 252. Definitions
The Committee notes that while wildlife habitat is not
included in the definition of a structural practice, it is the
intent of this Committee that the Secretary shall award,
whenever possible, EQIP contracts in which incidental benefits
to wildlife are also produced.
Sec. 255. Duties of the Producer
This section deletes section 1240D(2) as unnecessary. The
Committee is unaware of this circular provision being used by
USDA as authority in program administration, and notes that the
provision adds nothing to the authority of the Secretary in
administering EQIP. The Committee does not intend the deletion
of this provision to impact in any way the Secretary's
authority to include appropriate terms and conditions in
agreements entered into with producers under EQIP.
Sec. 274. Grassland Reserve Program
The Committee notes that the Secretary has the
discretionary authority to consult with state fish and wildlife
agencies in appropriate circumstances to assist in determining
the end of the nesting and brood rearing season for birds in
the local area, and expects the Secretary to do so.
The Committee also intends that necessary surface
disturbances required by a management plan on a restored site
are implicitly excepted from the general prohibition on
activities which would disturb the surface of the land, owing
to the fact that the restored site has already been disturbed.
Sec. 275. Farmland Stewardship Program
The Committee notes that the Secretary will continue to
have the discretionary authority to consult with State
Technical Committees, when appropriate, in determining whether
a particular provision of a conservation program may be waived.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 23, 2001.
Hon. Larry Combest,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2646, the Farm
Security Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jim Langley.
Sincerely,
Dan L. Crippen,
Director.
Enclosure.
H.R. 2646--Farm Security Act of 2001
Summary: H.R. 2646 would amend and extend through 2011 the
major farm income support, land conservation, credit
assistance, food assistance, trade promotion, marketing
assistance, and rural development programs administered by the
U.S. Department of Agriculture (USDA). CBO estimates that
enactment of this legislation would increase direct spending by
$1.9 billion in 2002, $33.4 billion over the 2002-2006 period,
and $69.5 billion over the 2002-2011 period. Additional outlays
occurring after 2011 would bring the total of new direct
spending from the legislation to $73.1 billion. When combined
with estimated spending under current law, enactment of H.R.
2646 would bring total spending to $35.1 billion in 2002,
$203.1 billion over the 2002-2006 period, and $409.7 billion
over the 2002-2011 period. Because enactment of the bill would
affect direct spending, pay-as-you-go procedures would apply.
The bill also would authorize discretionary appropriations
for existing and new programs for research and education,
nutrition, trade promotion, rural development, credit
assistance, and forestry initiatives. Assuming appropriation of
the necessary amounts, CBO estimates that implementing those
provisions affecting discretionary spending would cost about
$14.6 billion over the 2002-2006 period, and $37.4 billion over
the next 10 years.
The bill contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA). State, local, and
tribal governments would probably receive some of the
assistance authorized by this bill. Any costs these governments
might incur to comply with conditions of this assistance would
be voluntary.
H.R. 2646 would impose private-sector mandates as defined
by UMRA. The bill would impose new assessments on importers of
dairy products and U.S. producers of caneberries. The bill also
would allow the Secretary of Agriculture to expand the
reporting requirement now placed on manufacturers and persons
who store dairy products. Based on information provided by
industry sources and USDA, CBO estimates that the direct costs
of those private-sector mandates would fall below the annual
threshold for private-sector mandates established in UMRA ($113
million in 2001, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of the bill is shown in Table 1. The costs of
this legislation fall within budget functions 300 (natural
resources and environment), 350 (agriculture), 450 (community
and regional development), and 600 (income security).
TABLE 1. ESTIMATED BUDGETARY IMPACT OF H.R. 2646
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By fiscal year, in millions of dollars
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2001 2002 2003 2004 2005 2006
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DIRECT SPENDING
Spending Under Current Law: \1\
Estimated Budget Authority...................... 44,278 33,520 34,014 34,273 34,333 34,027
Estimated Outlays............................... 43,972 33,219 33,991 34,347 34,161 34,014
Proposed Changes:
Estimated Budget Authority...................... 0 3,280 7,285 8,827 8,682 8,657
Estimated Outlays............................... 0 1,906 6,504 8,345 8,277 8,371
Spending Under H.R. 2646:
Estimated Budget Authority...................... 44,278 36,800 41,299 43,100 43,015 42,684
Estimated Outlays............................... 43,972 35,125 40,495 42,692 42,438 42,385
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Estimated Authorization Level \2\............... 3,507 4,545 464 473 481 443
Estimated Outlays............................... 3,569 4,418 2,395 1,218 554 497
Proposed Changes:
Specified Authorization Level................... 0 150 2,838 2,838 2,838 2,838
Estimated Outlays............................... 0 68 1,428 2,215 2,783 2,839
Estimated Authorization Level................... 0 46 1,585 1,613 1,642 1,672
Estimated Outlays............................... 0 23 863 1,351 1,508 1,566
Spending Under H.R. 2646:
Estimated Authorization Level................... 3,507 4,741 4,887 4,924 4,961 5,003
Estimated Outlays............................... 3,569 4,509 4,686 4,784 4,845 4,902
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\1\ The amounts shown as direct spending for 2001 are CBO's estimates of farm income support and related
spending under current law including $5.5 billion in assistance payments enacted in Public Law 107-25. The
2002-2006 amounts are CBO's current-law baseline levels, which assume that assistance under the Federal
Agricultural Improvement and Reform Act of 1996 (Public Law 104-127) is continued under the terms of that law
when it expires at the end of 2002.
\2\ The 2001 level is the amount appropriated that year for affected agricultural trade promotion, nutrition,
credit assistance, and rural development, and research programs. Amounts for 2002 and beyond are authorized to
be appropriated for these programs in current law.
Basis of estimate: The bill would make several changes to
direct spending programs and would authorize the appropriation
of funds for other programs. For this estimate, CBO assumes
that H.R. 2646 will be enacted by December 2001, and thus would
affect farm programs for 2002 crops, and that the necessary
amounts would be appropriate for each fiscal year.
Direct spending
The bill would amend existing programs and establish new
programs to be administered by USDA. Under current law,
spending for the existing programs is governed, in large part,
by provisions of the Federal Agricultural Improvement and
Reform Act of 1996 (FAIR Act, Public Law 104-127). The Congress
has supplemented that spending with additional farm income
support payments over the last four years. For example, Public
Law 107-25, enacted, in early August, will provide $5.5 billion
of additional payments to farmers in fiscal year 2001,
resulting in total direct spending for agriculture programs of
about $44 billion this year. CBO estimates that spending under
H.R. 2646 would be much higher than projected under a simple
(baseline) extension of the FAIR Act, but that such spending
would fall slightly below the total spending in 2001--averaging
about $41 billion over the 2002-2006 period.
Relative to CBO's current-law baseline projections for
direct spending, we estimate that enacting this legislation
would cost $33.4 billion over the 2002-2006 period and $69.5
billion over the 2002-2011 period (see Table 2). The bill would
provide $73.1 billion in new direct spending authority,
relative to the baseline levels, but CBO estimates that $3.6
billion of that total would be spent after 2011. The following
paragraphs detail those proposed changes.
Title I: Commodity Programs. This title would reauthorize
and amend the current commodity support programs administered
by USDA, and also would implement new programs. CBO estimates
that enactment of title I would increase direct spending by
$25.8 billion over 2002-2006 period, and by $49.8 billion over
the 2002-2011 period.
Fixed, Decoupled Payments for Covered Commodities. Section
104 of the bill would continue and increase USDA's fixed
payments to growers of grains and cotton, and would allow
producers of soybeans and other oilseeds to receive them. Under
the bill, farmers would have a one-time opportunity to update
their program acreage--the historical average used to determine
their eligibility for programs benefits. CBO estimates that the
cost of increasing payments rates, adding soybeans and
oilseeds, and allowing the program acreage update would be $6.9
billion over the 2002-2006 period and $13.9 billion over the
2002-2011 period.
TABLE 2. ESTIMATED CHANGES IN DIRECT SPENDING FOR H.R. 2646, BY TITLE
[Outlays in millions of dollars, by fiscal year]
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2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
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Title I--Commodity Programs:
Fixed, Decoupled Payments............................... 1,387 1,387 1,387 1,387 1,387 1,387 1,387 1,387 1,387 1,387
Counter-Cyclical Payments............................... 0 4,232 5,394 5,048 4,874 4,601 4,122 3,496 2,957 2,575
Market Assistance Loans................................. -147 -1,032 -832 -774 -701 -559 -516 -480 -485 -385
Payments for Grazing.................................... 5 4 3 3 2 2 2 1 1 1
Marketing Assistance Loans for Wool, Mohair, and Honey.. 25 33 33 32 32 31 31 30 29 28
Milk Price Support Program.............................. 24 90 89 86 85 85 84 83 73 74
Sugar Program........................................... 50 40 -42 -38 -25 -18 -1 0 -9 25
Peanut Program.......................................... 299 504 499 493 486 251 246 242 236 231
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Subtotal--Title I..................................... 1,643 5,258 6,531 6,237 6,140 5,780 5,355 4,759 4,189 3,936
Title II--Conservation:
Conservation Reserve Program............................ 21 78 123 190 232 237 205 164 169 173
Wetlands Reserve Program................................ 93 158 178 184 189 195 201 207 213 222
Limitation and Timing of Environmental Quality Payments. 0 121 104 30 30 41 24 16 -100 -101
Groundwater Conservation................................ 13 31 46 50 54 59 63 65 68 68
Environmental Quality Incentives........................ 40 341 621 700 777 885 955 1,003 1,062 1,069
Wildlife Habitat Incentives Program..................... 6 13 25 25 25 25 25 25 25 25
Farmland Protection Program............................. 0 11 35 45 50 50 50 50 50 50
Grassland Reserve Program............................... 0 2 10 23 40 55 61 54 43 37
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Subtotal--Title II.................................... 173 755 1,142 1,247 1,397 1,547 1,584 1,584 1,530 1,543
Title III--Trade............................................ 21 111 136 137 137 137 137 137 137 137
Title IV--Nutrition......................................... 40 302 344 406 411 422 427 422 427 438
Title V--Credit............................................. 0 0 0 0 0 0 0 0 0 0
Title VI--Rural Development Outlays......................... 8 46 98 127 132 133 125 113 95 95
Title VII--Research and Related Items....................... 0 0 58 87 116 131 145 145 145 145
Title VIII--Forestry Initiatives............................ 6 12 16 16 17 18 20 22 26 31
Title IX--Miscellaneous Provisions.......................... 16 20 20 20 21 21 21 21 21 21
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Total Changes......................................... 1,906 6,504 8,345 8,277 8,371 8,189 7,814 7,203 6,570 6,346
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Counter-Cyclical Payments for Covered Commodities. The bill
would authorize USDA to make automatic payments to producers to
offset low prices--known as counter-cyclical payments. These
payments would be based in part on a farm's production history.
The payment rate would be the target price established in the
bill less the fixed, decoupled payment rate (also specified in
the bill) and less the crop price or the price-support loan
rate if it is higher than the crop price. CBO estimates this
provision would cost $19.5 billion over the 2002-2006 period
and $37.3 billion over the 2002-2011 period.
Marketing Assistance Loans for Covered Commodities. H.R.
2646 would authorize USDA to continue crop loans and marketing
loan programs for major row crops (grains, oilseeds, and
cotton). Loan programs would remain unchanged from current law
for most of these crops, but maximum loan rates for soybeans
and other oilseeds would decline by about 6.5 percent. From
2002 through 2006, CBO estimates these provisions would reduce
spending by $3.5 billion, compared to current law. Savings
would total $5.9 billion over the 2002-2011 period. Income and
incentives to grow oilseeds would decline under reduced loan
rates resulting in lower spending for oilseed loans, loan
deficiency payments and marketing loan gains of $5.6 billion
over 2002 through 2006, and $8.9 billion over 2002 through
2011. These lower costs would be partially offset by increased
costs of about $2.2 billion over five years, and $3 billion
over 10 years for similar programs for corn and other crops, as
growers switched their planting preferences away from soybeans
and other oilseeds.
Loan Deficiency Payments for Grazing. The bill would permit
producers to receive loan deficiency payments on grains which
were grazed by livestock instead of harvested for grain. CBO
estimates this provision would cost $17 million over five years
and $24 million over 10 years.
Marketing Assistance Loans for Wool, Mohair, and Honey.
H.R. 2646 would establish a nonrecourse marketing assistance
loan program for producers of wool, mohair, and honey.
Marketing loan gains and loan deficiency payment provisions
would apply to these commodities and would be subject to a
separate $75,000 payment limitation. CBO estimates that these
new provisions would cost $94 million for wool and mohair, and
$61 million for honey, over the 2002-2006 period. Over 10
years, those totals would rise to $202 million for wool and
mohair, and $101 million for honey.
Milk Price Support Program. H.R. 2646 would extend the
current milk price support program through 2011 at the current
purchase price of $9.90 per hundredweight. Under the bill, the
recourse loan program for dairy processors would be repealed.
CBO estimates this provision would save $65 million over the
next 10 years. CBO estimates that continuing the dairy price
support through 2011 would cost $838 million over the 2002-2011
period. Under the bill, we estimate that the net cost of the
milk price support program over the next 10 years would be $773
million. (The net cost would be $374 million through 2006.)
Sugar Program. The bill would continue and amend USDA's
sugar program by removing the marketing assessment currently
paid by growers, lowering the interest rate charged on price-
support loans, and adding a storage facility loan. We estimate
these amendments would increase program costs by about $500
million over the next 10 years. Moreover, the bill would
provide new authority to pay farmers with government-owned
stocks of sugar (payment-in-kind) for idling acreage, and the
authority to use marketing allotments to control supply if
sugar imports decline in the future. We estimate these new
authorities would reduce the cost of the sugar program relative
to current law, and that net spending for the sugar program
would decline by $18 million over the 2002-2011 period.
Peanuts. H.R. 2646 would make substantial changes to USDA's
peanut program. Under the bill, CBO estimates that the peanut
program would cost $2.3 billion over the 2002-2006 period and
$3.5 billion over the 2002-2011 period. Peanut marketing
quotas, and support rates for peanuts produced within the
marketing quotas would be eliminated. Instead, peanut producers
would become eligible for fixed, decoupled payments, counter-
cyclical payments, and marketing assistance loan benefits.
Under the legislation, a single, nonrecourse marketing
assistance loan rate would apply to all peanut production that
is lower than the current rate. The bill would compensate some
peanut growers for the loss of asset value due to elimination
of marketing quotas. Over the next 10 years, CBO estimates that
the new peanut provisions would cost $625 million for fixed,
decoupled payments, $1,242 million for counter-cyclical
payments, $436 million for marketing assistance loans, and
$1,180 million for compensation to peanut quota holders.
Title II: Conservation Programs. This title would
reauthorize and expand land conservation programs administered
by USDA. CBO estimates these provisions would cost $4.8 billion
over the 2002-2006 period, and $12.5 billion over the 2002-2011
period. (Spending would continue for a number of years after
2011, for a total estimated cost of $15.7 billion.)
Changes to Existing Programs. The bill would increase the
maximum acreage enrollment in the Conservation Reserve Program
to 39.2 million acres from the current cap of 36.4 million
acres. We estimate that this increase would cost $644 million
through 2006, and $1.6 billion over the 2002-2011 period.
Acreage enrollment in the Wetlands Reserve Program (WRP)
would expand by 150,000 acres per fiscal year under the bill,
for a total acreage enrollment of 2.575 million acres by 2011.
We estimate that the WRP provisions would cost $802 million
through 2006, and $1.8 billion over the 2002-2011 period.
Funding for the Environmental Quality Incentives Program
(EQIP) would be increased by $1 billion a year, for a cost of
$2.5 billion through 2006, $7.5 billion over the 2002-2011
period, and additional costs after 2011. The bill would add
$517 million to EQIP to addressgroundwater conservation, and
accelerate the timing of EQIP payments that would increase outlays by
$165 million over the 10-year period.
The bill also would increase funding for the Wildlife
Habitat Incentives Program by $25 million a year, and for the
Farmland Protection Program by $50 million a year. CBO
estimates that the total cost for these amendments would be
$610 million over the 2002-2011 period.
Technical Assistance. The bill would provide $850 million
for salaries and expenses to design and implement conservation
programs over the 2002-2011 period. That amount is included in
the changes cited above for the individual conservation
programs.
New Conservation Program. H.R. 2646 would establish the
Grasslands Reserve Program. This program would authorize the
Secretary of Agriculture to enroll up to 2 million acres in 10-
year to 20-year contracts, equally divided between virgin
(never cultivated) grasslands and restored grasslands. To be
eligible for this program, land would need to be dominated by
natural grass or shrubland and have the potential to serve as
habitat for animal or plant populations of ecological value.
CBO estimates that the program would cost $325 million over the
2002-2011 period.
Title III: Trade Programs. Title III would extend USDA's
authority to administer programs to promote trade through 2011,
and would increase funding for the Market Access Program, the
Foreign Market Development Cooperator Program, and the Food for
Progress Program. CBO estimates that enacting title III would
cost about $540 million over the next five years, and about
$1.2 billion through 2011.
Increases to Existing Programs. The bill would increase
annual funding for the Market Access Program from $90 million
to $200 million, increase annual funding for the Foreign Market
Development Cooperator Program from $28 million to $35 million,
and increase the caps on annual funding for administrative and
transportation expenditures under the Food for Progress
program. The cap on administrative expenditures would be
increased from $10 million to $12 million, while the cap on
transportation and other non-commodity expenditures would be
increased from $30 million to $35 million. Those provisions
account for most of the estimated 10-year cost of $1.2 billion
for title III.
New Trade Program. Title III also would authorize $3
million in annual funding from the Commodity Credit Corporation
to establish an export assistance program for specialty crop
producers. We estimate this provision would cost $29 million
over the next 10 years.
Title IV: Nutrition Programs: This title would reauthorize
and modify the Food Stamp Program and related programs through
fiscal year 2011. Under the bill, most changes in this title
would become effective in 2003. It also would increase funding
for commodity purchases for the Emergency Food Assistance
program. CBO estimates these changes would increase direct
spending by $40 million in 2002, by $1.5 billion through 2006,
and by $3.6 billion over the 2002-2011 period.
Reauthorization of the Food Stamp Program. Section 406
would reauthorize the Food Stamp program through fiscal year
2011. Because it is assumed to continue in CBO's baseline,
there are no changes in spending associated with its
reauthorization.
Income Definition. Section 401 would allow a state to
exclude from gross income in the Food Stamp program any
educational loans or other educational assistance that the
state is required to exclude in Medicaid. It also would allow a
state to exclude types of income that it excludes in Medicaid
or Temporary Assistance for Needy Families (TANF). CBO
estimates that this provision would increase spending by $57
million over the next 10 years. CBO used Food Stamp Quality
Control (QC) data to estimate the change in benefits if
educational assistance that is counted under current law is
excluded from income in determining benefits. About 5,000
households are estimated to be affected with an average
reduction of $68 a month. We also added the costs of excluding
a small portion of unearned income. States have flexibility to
determine what is excluded from the definition of income in
Medicaid and TANF, so these rules vary by state, but most
differences are minor. CBO assumes that 90 percent of states
would exercise the option to exclude income as allowed under
this section.
Standard Deduction. Section 402 would set the amount of the
standard deduction as a percentage of the net income threshold
for fiscal year 2002. Under current law, all households receive
the same standard deduction from gross income: $134 in the 48
states and the District of Columbia. (Alaska, Hawaii, Guam, and
the U.S. Virgin Islands have different standard deductions.)
This bill would set the standard at 9.7 percent of the net
income threshold by household size. Smaller households would be
guaranteed the current-law standard deduction, and no household
could receive a standard that is higher than 9.7 percent of the
net income threshold for a household of six people in 2002.
Under this section, some households would receive higher
Food Stamp benefits than under current law, because less of
these households' income would be considered available for
purchasing food. Most households of four people or more would
receive higher benefits. Using QC data, CBO estimates that over
1.5 million households would receive an average increase in
benefits of more than $8 per month for total costs of $150
million in 2003 and $1.4 billion over the 2003-2011 period.
Transitional Food Stamps. Section 403 would allow states to
provide up to six months of Food Stamp benefits to households
leaving the TANF Program. These benefits would be frozen at the
level received in the month prior to leaving welfare, although
a household couldreapply for benefits. Under final regulations
released in November 2000, states have the option to provide
transitional benefits to these households for up to three months. This
section would allow states to provide transitional benefits for an
additional three months, even if the transitional benefit period
extends beyond the household's Food Stamp certification period.
Based on the number of active cases and TANF cases closed
in 1999, CBO estimates there will be about 1.6 million closed
cases annually. We made adjustments to this number for
households that would continue to be Food Stamp recipients
under current law, for households that would return to TANF
during the transition period, and for households that would not
be eligible because of sanctions or noncooperation with welfare
rules. These adjustments are based on various studies of people
who leave welfare. CBO estimates about 35,000 TANF households
in an average month could potentially be eligible for
transitional benefits, and that states accounting for about
half of these cases would choose this option by 2005. These
households would receive an additional three months of benefits
relative to current law with average benefits of about $250 per
month in 2003, for costs of $80 million in 2003, and $1.5
billion over the 10-year period.
Quality Control System. Under current law, USDA measures
the accuracy of benefit determinations and computes payment
error rates for every state. States that have payment error
rates higher than the national performance measure are subject
to sanctions. Most states subject to sanctions enter into
agreements with USDA to reinvest these liabilities into program
improvements. Section 404 would revise the QC system to
sanction states that have error rates with a 95 percent
statistical probability of being 1 percentage point greater
than the national average for three years in a row. Based on
information from USDA, CBO assumes that USDA would continue to
work with states to reinvest liabilities into program
improvements so there would be no change in collections from
sanctions.
This section also would create bonus payments for two new
performance measures: timeliness in processing applications and
accuracy of denying or terminating eligibility. The five states
with the best performance in a year and the five states with
the most improved performance in a year would receive $1
million each for fiscal years 2002 through 2007. CBO expects
that states would receive these payments in the year after the
year for which the bonus is made. Spending would increase by
$10 million each year for fiscal years 2003 through 2008.
Simplified Application Forms and Eligibility Determination
Systems. Section 405 would provide up to $10 million each year
to pay for 100 percent of the costs incurred by states to
develop and implement simplified application forms and
eligibility processes. CBO estimates this would increase direct
spending by $9 million in 2003 and $10 million each subsequent
year.
Two smaller programs within the Food Stamp Act would be
reauthorized by H.R. 2646. Section 406 would reauthorize the
modified Food Stamp program in American Samoa at $5.3 million
each year through 2011. The bill also would reauthorize
assistance for community food projects at $7.5 million each
year for fiscal years 2002-2011, which is $5 million more than
the fiscal year 2002 authorization. CBO estimates that
implementing these two programs would cost $114 million over
the 2002-2011 period.
Section 406 would authorize $140 million each year from 202
through 2011 for commodity purchases for the Emergency Food
Assistance program. Current law authorizes $100 million through
2002. The bill would require that $10 million of the funds be
used for costs associated with distributing the commodities.
This provision would increase direct spending by $38 million in
2002 and by $398 million over the 2002-2011 period.
Title VI: Rural Development Programs. This title would
provide funding for several rural development initiatives,
including $50 million a year for value-added agricultural
product market development grants, $200 million over the 2002-
2006 period for loans and grants to improve local television
access in rural areas, and $30 million a year for community
water assistance grants. It also would provide $15 million in
grants to support a new pilot program for strategic regional
development planning. DBO estimates that enacting title VI
would cost $411 million over the 2002-2006 period and $972
million over the 2002-2011 period.
Title VII: Research and Related Items. This title would
increase mandatory research spending for the Initiative for
Future Agriculture and Food Systems by $261 million over the
2002-2006 period and $972 million over the 2002-2011 period.
This initiative would award funding to research projects that
address critical emerging issues related to future food
production, environmental protection, farm income or
alternative uses of agricultural products.
Title VIII: Forestry Initiatives. This title would repeal
two existing forestry programs and establish a new program to
provide assistance to owners of private nonindustrial forest
lands. The bill would authorize the Secretary of Agriculture to
spend $150 million over the next 10 years to implement that
program. Based on information from USDA, we estimate that the
proposed program would cost $138 million over 2002-2001 period,
and additional amounts after 2011.
This title also would allow USDA and the Department of the
Interior to use long-term stewardship contracts to implement
projects to remove hazardous fuels (overly dense forest
vegetation) from certain federal lands. Under such contracts,
the agencies could retain and spend any receipts generated from
such contracts to implement additional projects. Based on
information from the Forest Service, we estimate that the net
increase in direct spending from this provision would total $46
million over the 2002-2011 period. That estimateassumes that,
in some cases, the agency would use stewardship contracts to implement
projects that otherwise would have been completed using the agency's
existing authorities.
Title IX: Miscellaneous Programs. Based on information from
USDA, CBO estimates that this title would provide $56 million
over the next 10 years for a Tree Assistance program to
compensate orchardists for losses of trees due to natural
disasters. The title also would authorize $15 million a year in
direct spending for farmers market nutrition programs, for
total spending of about $146 million over the 2002-2011 period.
Spending subject to appropriation
Implementing H.R. 2646 also would increase spending subject
to appropriation. Assuming appropriation of the necessary
amounts, CBO estimates that implementing the bill would cost
about $14.6 billion over the 2002-2006 period, and $37.4
billion over the 2002-2011 period (see Table 3).
Title II. Conservation. The bill would authorize the
appropriation of $15 million a year for the Small Watershed
Rehabilitation Program. CBO estimates that this program would
cost $65 million over five years and $140 million over 10
years.
Title III: Trade. This title would reauthorize
appropriations for the Food for Peace program through 2011.
Based on the amount provided for this program in 2001, CBO
estimates that the Food for Peace program would cost about $3.3
billion over the 2002-2006 period and, $8.6 billion over the
2002-2011 period, subject to the appropriation of the necessary
funds each year.
Title IV: Nutrition. This title would reauthorize two
commodity assistance programs, and authorize the establishment
of a trust fund for a Congressional fellowship program.
Assuming appropriation of the necessary amounts, CBO estimates
these provisions would cost $1.4 billion over the 10-year
period.
Commodity Assistance Programs. Section 442 would extend the
authorization for the Commodity Supplemental Food program
(CSFP) for fiscal years 2003 through 2011. The program would be
authorized at the level needed to maintain traditional
assistance levels. The CSFP provides supplemental commodities
for women, infants, and children, and for elderly individuals.
Section 443 would authorize $50 million each year for fiscal
years 2003 through 2011 for costs related to distributing
commodities in the Emergency Food Assistance program. Based on
historical spending in these programs, CBO estimates increased
spending of $130 million in 2003, and $1.4 billion over the
2003-2011 period.
TABLE 3. ESTIMATED CHANGES IN DISCRETIONARY AUTHORIZATIONS IN H.R. 2646, BY TITLE \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
-----------------------------------------------------------------------------------------
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title II--Conservation:
Estimated Authorization Level............................. 15 15 15 15 15 15 15 15 15 15
Estimated Outlays......................................... 9 12 14 15 15 15 15 15 15 15
Title III--Trade:
Estimated Authorization Level............................. 0 1,016 1,035 1,056 1,076 1,096 1,116 1,138 1,160 1,182
Estimated Outlays......................................... 0 535 866 948 979 1,011 1,034 1,053 1,074 1,095
Title IV--Nutrition Programs:
Estimated Authorization Level............................. 0 150 152 154 156 158 160 162 164 167
Estimated Outlays......................................... 0 150 152 154 156 158 160 162 164 167
Title V--Credit:
Estimated Authorization Level............................. 21 60 60 60 61 60 60 60 58 54
Estimated Outlays......................................... 17 49 60 60 60 59 59 59 58 54
Title VI--Rural Development:
Estimated Authorization Level............................. 30 158 158 158 158 158 158 158 158 158
Estimated Outlays......................................... 1 14 59 112 135 149 158 158 158 158
Title VII--Research and Related Items:
Estimated Authorization Level............................. 15 2,858 2,865 2,872 2,928 2,935 2,942 2,949 2,957 2,964
Estimated Outlays......................................... 9 1,445 2,276 2,842 2,894 2,919 2,936 2,943 2,950 2,958
Title VIII--Forestry Initiatives:
Estimated Authorization Level............................. 50 100 100 100 101 101 101 101 101 101
Estimated Outlays......................................... 7 40 74 95 101 101 101 101 101 101
Title IX--Miscellaneous Provisions:
Estimated Authorization Level............................. 65 65 65 65 65 65 65 65 65 65
Estimated Outlays......................................... 47 65 65 65 65 65 65 65 65 65
Total Changes:
Estimated Authorization Level............................. 196 4,423 4,451 4,480 4,560 4,588 4,617 4,649 4,678 4,707
Estimated Outlays......................................... 90 2,291 3,566 4,292 4,406 4,478 4,528 4,556 4,586 4,613
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Title I would not affect discretionary spending.
Congressional Hunger Fellowship Trust Fund. Subtitle C
would authorize $18 million to establish a trust fund for a
Congressional hunger fellowship program. Public Law 106-387
appropriated $2 million in 2001 for Congressional hunger center
fellowships. Only returns on investments of the trust fund
would be used to fund the fellowships and the operation of the
program. Assuming appropriation of the authorized amount, CBO
estimates a net increase in spending of $1 million each year
beginning in fiscal year 2003. The gross appropriation of $18
million would be offset by an intragovernmental transfer of the
same amount to establish the trust fund. Therefore, the only
cost would be from spending the returns on the investments of
the fund.
Title V: Credit Programs. This title would make several
amendments to the programs administered by the Farm Service
Agency that extend credit to producers. Assuming appropriation
of the necessary amounts, CBO estimates that implementing these
provisions would cost about $246 million over the 2002-2006
period, and $535 million over the 2002-2011 period.
Changes to Credit Provisions. This title includes
provisions that would limit eligibility for direct ownership
and operating loans after 2006 to socially disadvantaged and
beginning farmers, ease restrictions on lending to borrowers
with debt forgiveness, and extend until 2011 an existing
interest buy-down program on guaranteed operating loans.
Assuming appropriation of the necessary amounts, CBO estimates
that implementing these provisions would cost about $495
million over the 2002-2011 period. The reauthorization of the
interest buy-down program accounts for most of the estimated
cost.
Changes to Emergency Loan Programs. The bill also would
expand eligibility for the emergency loan program to allow
loans to producers with losses caused by increased energy
costs, or quarantines, and it would allow loans to horse
breeders with losses resulting from mare reproductive loss
syndrome. Assuming appropriation of the necessary amounts and
based on information from USDA, CBO estimates these emergency
loan provisions would cost about $40 million over the 2002-2011
period.
Title VI: Rural Development. This title would authorize the
appropriation of funds for various rural development programs;
including Rural Business Opportunity Grants, Rural Cooperative
Development Grants, and water system grants for rural areas of
Alaska and for individuals with low or moderate income.
Assuming appropriation of the specified amounts, CBO estimates
these provisions would cost $320 million over the 2002-2006
period, and $1.1 billion over the 2002-2011 period.
Title VII: Research and Related Matters. This title would
reauthorize discretionary research programs administered by
USDA through 2001. The authority for most of these research
programs expires in 2002. Assuming appropriation of the
necessary amounts and based on 2001 appropriations for some
programs, we estimate that implementing the bill would cost
$9.5 billion over the 2002-2006 period, and $24 billion over
the next 10 years.
Title VIII: Forestry Initiatives. This title would
reauthorize certain existing programs related to renewable
resources and international forestry and authorize
appropriations for a new program to protect local communities
from forest fires. Based on information from USDA, we estimate
that these programs would cost $317 million over the 2002-2006
period and $822 million over the 2002-2011 period, assuming
appropriation of the necessary amounts.
Title IX: Miscellaneous Provisions. This title would
authorize the appropriation of $50 million per year to
establish a grant program to offset the costs of purchasing
hazardous brush and other fuels from forest lands for use by
biomass-to-energy facilities. The bill also would authorize an
increase of $15 million a year in funds for the outreach for
socially disadvantaged farmers. Assuming appropriation of the
authorized amounts, the provisions of this title would cost
$308 million over the 2002-2006 period and $636 million over
the 2002-2011 period.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. The net
changes in outlays in that are subject to pay-as-you-go
procedures are shown in Table 4. For the purposes of enforcing
pay-as-you-go procedures, only the effects in the current year,
the budget year, and the succeeding four years are counted.
TABLE 4. ESTIMATED EFFECTS OF H.R. 2646 ON DIRECT SPENDING AND RECEIPTS
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
--------------------------------------------------------------------------------------------------
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
Changes in outlays................................... 0 1,906 6,504 8,345 8,277 8,371 8,189 7,814 7,203 6,570 6,346
Changes in receipts.................................. (\1\) (\1\) (\1\) (\1\) (\1\) (\1\) (\1\) (\1\) (\1\) (\1\) (\1\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Not applicable.
Estimated impact on State, local, and tribal governments:
This bill contains no intergovernmental mandates as defined in
UMRA. State, local, and tribal governments receive funds
through some of the programs reauthorized by this bill and
probably would receive additional funds from newly authorized
programs. Some of these programs--both new and existing--
include matching requirements and other conditions of
assistance. Any costs these governments might incur to comply
with conditions of this assistance would be voluntary.
Estimated impact on the private sector: H.R. 2646 would
impose private-sector mandates as defined in UMRA. The bill
would impose new assessments on importers of dairy products and
U.S. producers of caneberries. The bill also would allow the
Secretary of Agriculture to expand the reporting requirement
now placed on manufacturers and persons who store dairy
products. Based on information provided by industry sources and
USDA, CBO estimates that the direct costs of those private-
sector mandates would fall below the annual threshold for
private-sector mandates established in UMRA ($113 million in
2001, adjusted annually for inflation).
The bill would impose a mandate on importers of dairy
products by expanding a dairy promotion assessment to cover
imports of dairy products. Under current law, USDA collects an
assessment from domestic dairy producers to fund activities of
the National Dairy Promotion and Research Board. The bill would
require the assessment rate on imported dairy products to be
determined in the same manner as the assessment rate per
hundredweight or the equivalent of domestic milk. Importers
would be required to pay the assessment to the U.S. Customs
Service at the time the products enter the country. The funds
collected from importers of dairy products would be combined
with collections from domestic producers. Using an assessment
rate equivalent to the current rate paid by domestic producers
of dairy products, CBO estimates the cost of the assessment on
importers would total about $11 million annually.
H.R. 2646 also would impose a private-sector mandate on
U.S. producers of caneberries who would be required to comply
with a marketing order to be issued by USDA. Caneberries are
berries that grow on a cane, such as raspberries, blackberries,
marionberries, and boysenberries. Federal marketing orders are
typically funded by an assessment on the production of a
particular good. Based on recent data on the national
production of caneberries, and the assessment rates of existing
state marketing orders, CBO estimates the cost of an assessment
on U.S. producers of caneberries would be about $0.5 million
annually.
In addition, the bill would amend the Agriculture Marketing
Act to allow the Secretary of Agriculture to expand the
reporting requirement now placed on manufacturers and persons
who store dairy products. That is, the bill would give the
Secretary the authority to expand the list of products for
which producers must report on inventories and make records
available to the government. The provisions would impose a new
mandate if the Secretary used the authority to make additional
products subject to current requirements. USDA could not
indicate which products, if any, would be added to the list.
Nonetheless, since producers already keep extensive records on
inventories at storage facilities, the incremental cost of
complying with such requirements would be small.
Estimate prepared by Federal Costs Jim Langley, Dave Hull,
Greg Hitz, Lanette Walker, Megan Carroll, and Mark Hadley; and
Valerie Baxter Womer. Impact on State, local, and Tribal
Governments: Marjorie Miller. Impact on the Private Sector:
Lauren Marks, Cecil McPherson, and Mickey Paggi; and Ralph
Smith.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 15 OF THE AGRICULTURAL MARKETING ACT
MISCELLANEOUS PROVISIONS
Sec. 15. (a) * * *
* * * * * * *
[(d) That the inclusion in any governmental report, bulletin,
or other such publication hereafter issued or published of any
prediction with respect to cotton prices is hereby prohibited.
Any officer or employee of the United States who authorizes or
is responsible for the inclusion in any such report, bulletin,
or other publication of any such prediction, or who knowingly
causes the issuance or publication of any such report,
bulletin, or other publication containing any such prediction,
shall, upon conviction thereof, be fined not less than $500 or
more than $5,000, or imprisoned for not more than five years,
or both: Provided, That this subdivision shall not apply to the
members of the board when engaged in the performance of their
duties herein provided.]
* * * * * * *
----------
FEDERAL AGRICULTURE IMPROVEMENT AND REFORM ACT OF 1996
* * * * * * *
TITLE I--AGRICULTURAL MARKET TRANSITION ACT
* * * * * * *
Subtitle D--Other Commodities
CHAPTER 1--DAIRY
* * * * * * *
[SEC. 142. RECOURSE LOAN PROGRAM FOR COMMERCIAL PROCESSORS OF DAIRY
PRODUCTS.
[(a) Recourse Loans Available.--Under such reasonable terms
and conditions as the Secretary may prescribe, the Secretary
shall make recourse loans available to commercial processors of
eligible dairy products to assist the processors to manage
inventories of eligible dairy products and assure a greater
degree of price stability for the dairy industry during the
year. The Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out
this section.
[(b) Amount of Loan.--The Secretary shall establish the
amount of a loan for eligible dairy products, which shall
reflect a milk equivalent value of $9.90 per hundredweight of
milk containing 3.67 percent butterfat. The rate of interest
charged participants under this section shall not be less than
the rate of interest charged the Commodity Credit Corporation
by the United States Treasury.
[(c) Period of Loan.--The original term of a recourse loan
made under this section may not extend beyond the end of the
fiscal year in which the loan is made. At the end of the fiscal
year, the Secretary may extend the loan for an additional
period not to exceed the end of the next fiscal year.
[(d) Definition of Eligible Dairy Products.--In this section,
the term ``eligible dairy products'' means cheddar cheese,
butter, and nonfat dry milk.
[(e) Effective Date.--This section shall be effective
beginning January 1, 2002.]
* * * * * * *
CHAPTER 2--PEANUTS AND SUGAR
[SEC. 155. PEANUT PROGRAM.
[(a) Quota Peanuts.--
[(1) Availability of loans.--The Secretary shall make
nonrecourse loans available to producers of quota
peanuts.
[(2) Loan rate.--The national average quota loan rate
for quota peanuts shall be $610 per ton.
[(3) Inspection, handling, or storage.--The loan
amount may not be reduced by the Secretary by any
deductions for inspection, handling, or storage.
[(4) Location and other factors.--The Secretary may
make adjustments in the loan rate for quota peanuts for
location of peanuts and such other factors as are
authorized by section 162.
[(5) Offers from handlers.--If a producer markets a
quota peanut crop, meeting quality requirements for
domestic edible use, through the marketing association
loan for two consecutive marketing years and the
Secretary determines that a handler provided the
producer with a written offer, upon delivery, for the
purchase of the quota peanut crops at a price equal to
or in excess of the quota support price, the producer
shall be ineligible for quota price support for the
next marketing year. The Secretary shall establish the
method by which a producer may appeal a determination
under this paragraph regarding ineligibility for quota
price support.
[(b) Additional Peanuts.--
[(1) In general.--Subject to paragraph (2), the
Secretary shall make nonrecourse loans available to
producers of additional peanuts at such rates as the
Secretary finds appropriate, taking into consideration
the demand for peanut oil and peanut meal, expected
prices of other vegetable oils and protein meals, and
the demand for peanuts in foreign markets.
[(2) Limitation.--The Secretary shall establish the
support rate on additional peanuts at a level estimated
by the Secretary to ensure that there are no losses to
the Commodity Credit Corporation on the sale or
disposal of the peanuts.
[(3) Announcement.--The Secretary shall announce the
loan rate for additional peanuts of each crop not later
than February 15 preceding the marketing year for the
crop for which the loan rate is being determined.
[(c) Area Marketing Associations.--
[(1) Warehouse storage loans.--
[(A) In general.--In carrying out subsections
(a) and (b), the Secretary shall make warehouse
storage loans available in each of the
producing areas (described in section 1446.95
of title 7 of the Code of Federal Regulations
(January 1, 1989)) to a designated area
marketing association of peanut producers that
is selected and approved by the Secretary and
that is operated primarily for the purpose of
conducting the loan activities. The Secretary
may not make warehouse storage loans available
to any cooperative that is engaged in
operations or activities concerning peanuts
other than those operations and activities
specified in this section and section 358e of
the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359a).
[(B) Administrative and supervisory
activities.--An area marketing association
shall be used in administrative and supervisory
activities relating to loans and marketing
activities under this section and section 358e
of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359a).
[(C) Association costs.--Loans made to the
association under this paragraph shall include
such costs as the area marketing association
reasonably may incur in carrying out the
responsibilities, operations, and activities of
the association under this section and section
358e of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1359a).
[(2) Pools for quota and additional peanuts.--
[(A) In general.--The Secretary shall require
that each area marketing association establish
pools and maintain complete and accurate
records by area and segregation for quota
peanuts handled under loan and for additional
peanuts placed under loan, except that separate
pools shall be established for Valencia peanuts
produced in New Mexico.
[(B) Eligibility to participate in new mexico
pools.--
[(i) In general.--Except as provided
in clause (ii), in the case of the 1996
and subsequent crops, Valencia peanuts
not physically produced in the State of
New Mexico shall not be eligible to
participate in the pools of the State.
[(ii) Exception.--A producer of
Valencia peanuts may enter Valencia
peanuts that are produced in Texas into
the pools of New Mexico in a quantity
not greater than the average annual
quantity of the peanuts that the
producer entered into the New Mexico
pools for the 1990 through 1995 crops.
[(C) Types of peanuts.--Bright hull and dark
hull Valencia peanuts shall be considered as
separate types for the purpose of establishing
the pools.
[(D) Net gains.--Net gains on peanuts in each
pool, unless otherwise approved by the
Secretary, shall be distributed only to
producers who placed peanuts in the pool and
shall be distributed in proportion to the value
of the peanuts placed in the pool by each
producer. Net gains for peanuts in each pool
shall consist of the following:
[(i) Quota peanuts.--For quota
peanuts, the net gains over and above
the loan indebtedness and other costs
or losses incurred on peanuts placed in
the pool.
[(ii) Additional peanuts.--For
additional peanuts, the net gains over
and above the loan indebtedness and
other costs or losses incurred on
peanuts placed in the pool for
additional peanuts.
[(d) Losses.--Losses in quota area pools shall be covered
using the following sources in the following order of priority:
[(1) Transfers from additional loan pools.--The
proceeds due any producer from any pool shall be
reduced by the amount of any loss that is incurred with
respect to peanuts transferred from an additional loan
pool to a quota loan pool by the producer under section
358-1(b)(8) of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1358-1(b)(8)).
[(2) Producers in same pool.--Further losses in an
area quota pool shall be offset by reducing the gain of
any producer in the pool by the amount of pool gains
attributed to the same producer from the sale of
additional peanuts for domestic and edible export use.
[(3) Offset within area.--Further losses in an area
quota pool shall be offset by any gains or profits from
additional peanuts (other than separate type pools
established under subsection (c)(2)(A) for Valencia
peanuts produced in New Mexico) owned or controlled by
the Commodity Credit Corporation in that area and sold
for domestic edible use, in accordance with regulations
issued by the Secretary. This paragraph shall not apply
to profits or gains from a farm with 1 acre or less of
peanut production.
[(4) First use of marketing assessments.--The
Secretary shall use funds collected under subsection
(g) (except funds attributable to handlers) to offset
further losses in area quota pools. The Secretary shall
transfer to the Treasury those funds collected under
subsection (g) and available for use under this
paragraph that the Secretary determines are not
required to cover losses in area quota pools.
[(5) Cross compliance.--Further losses in area quota
pools, other than losses incurred as a result of
transfers from additional loan pools to quota loan
pools under section 358-1(b)(8) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1358-1(b)(8)), shall
be offset by any gains or profits from quota pools in
other production areas (other than separate type pools
established under subsection (c)(2)(A) for Valencia
peanuts produced in New Mexico) in such manner as the
Secretary shall by regulation prescribe.
[(6) Offset generally.--If losses in an area quota
pool have not been entirely offset under the preceding
paragraphs, further losses shall be offset by any gains
or profits from additional peanuts (other than separate
type pools established under subsection (c)(2)(A) for
Valencia peanuts produced in New Mexico) owned or
controlled by the Commodity Credit Corporation and sold
for domestic edible use, in accordance with regulations
issued by the Secretary. This paragraph shall not apply
to profits or gains from a farm with 1 acre or less of
peanut production.
[(7) Second use of marketing assessments.--The
Secretary shall use funds collected under subsection
(g) and attributable to handlers to offset further
losses in area quota pools. The Secretary shall
transfer to the Treasury those funds collected under
subsection (g) and available for use under this
paragraph that the Secretary determines are not
required to cover losses in area quota pools.
[(8) Increased assessments.--If use of the
authorities provided in the preceding paragraphs is not
sufficient to cover losses in an area quota pool, the
Secretary shall increase the marketing assessment for
producers established under subsection (g) by such an
amount as the Secretary considers necessary to cover
the losses. The increased assessment shall apply only
to quota peanuts in the production area covered by the
pool. Amounts collected under subsection (g) as a
result of the increased assessment shall be retained by
the Secretary to cover losses in that pool.
[(e) Disapproval of Quotas.--Notwithstanding any other
provision of law, no loan for quota peanuts may be made
available by the Secretary for any crop of peanuts with respect
to which poundage quotas have been disapproved by producers, as
provided for in section 358-1(d) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1358-1(d)).
[(f) Quality Improvement.--
[(1) In general.--With respect to peanuts under loan,
the Secretary shall--
[(A) promote the crushing of peanuts at a
greater risk of deterioration before peanuts of
a lesser risk of deterioration;
[(B) ensure that all Commodity Credit
Corporation inventories of peanuts sold for
domestic edible use must be shown to have been
officially inspected by licensed Department
inspectors both as farmer stock and shelled or
cleaned in-shell peanuts;
[(C) continue to endeavor to operate the
peanut program so as to improve the quality of
domestic peanuts and ensure the coordination of
activities under the Peanut Administrative
Committee established under Marketing Agreement
No. 146, regulating the quality of domestically
produced peanuts (under the Agricultural
Adjustment Act (7 U.S.C. 601 et seq.),
reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937); and
[(D) ensure that any changes made in the
peanut program as a result of this subsection
requiring additional production or handling at
the farm level shall be reflected as an upward
adjustment in the Department loan schedule.
[(2) Exports and other peanuts.--The Secretary shall
require that all peanuts in the domestic and export
markets fully comply with all quality standards under
Marketing Agreement No. 146.
[(g) Marketing Assessment.--
[(1) In general.--The Secretary shall provide for a
nonrefundable marketing assessment. The assessment
shall be made on a per pound basis in an amount equal
to 1.1 percent for each of the 1994 and 1995 crops,
1.15 percent for the 1996 crop, and 1.2 percent for
each of the 1997 through 2002 crops, of the national
average quota or additional peanut loan rate for the
applicable crop.
[(2) First purchasers.--
[(A) In general.--Except as provided under
paragraphs (3) and (4), the first purchaser of
peanuts shall--
[(i) collect from the producer a
marketing assessment equal to the
quantity of peanuts acquired multiplied
by--
[(I) in the case of each of
the 1994 and 1995 crops, .55
percent of the applicable
national average loan rate;
[(II) in the case of the 1996
crop, .6 percent of the
applicable national average
loan rate; and
[(III) in the case of each of
the 1997 through 2002 crops,
.65 percent of the applicable
national average loan rate;
[(ii) pay, in addition to the amount
collected under clause (i), a marketing
assessment in an amount equal to the
quantity of peanuts acquired multiplied
by .55 percent of the applicable
national average loan rate; and
[(iii) remit the amounts required
under clauses (i) and (ii) to the
Commodity Credit Corporation in a
manner specified by the Secretary.
[(B) Definition of first purchaser.--In this
subsection, the term ``first purchaser'' means
a person acquiring peanuts from a producer
except that in the case of peanuts forfeited by
a producer to the Commodity Credit Corporation,
the term means the person acquiring the peanuts
from the Commodity Credit Corporation.
[(3) Other private marketings.--In the case of a
private marketing by a producer directly to a consumer
through a retail or wholesale outlet or in the case of
a marketing by the producer outside of the continental
United States, the producer shall be responsible for
the full amount of the assessment and shall remit the
assessment by such time as is specified by the
Secretary.
[(4) Loan peanuts.--In the case of peanuts that are
pledged as collateral for a loan made under this
section, the producer portion of the assessment shall
be deducted from the proceeds of the loan. The
remainder of the assessment shall be paid by the first
purchaser of the peanuts. For purposes of computing net
gains on peanuts under this section, the reduction in
loan proceeds shall be treated as having been paid to
the producer.
[(5) Penalties.--If any person fails to collect or
remit the reduction required by this subsection or
fails to comply with the requirements for recordkeeping
or otherwise as are required by the Secretary to carry
out this subsection, the person shall be liable to the
Secretary for a civil penalty up to an amount
determined by multiplying--
[(A) the quantity of peanuts involved in the
violation; by
[(B) the national average quota peanut rate
for the applicable crop year.
[(6) Enforcement.--The Secretary may enforce this
subsection in the courts of the United States.
[(h) Crops.--Subsections (a) through (g) shall be effective
only for the 1996 through 2002 crops of peanuts.
[(i) Poundage Quotas.--
[(1) In general.--Part VI of subtitle B of title III
of the Agricultural Adjustment Act of 1938 is amended--
[(A) in section 358-1 (7 U.S.C. 1358-1)--
[(i) in the section heading, by
striking ``1991 through 1997 crops
of'';
[(ii) in subsections (a)(1),
(b)(1)(B), (b)(2)(A), (b)(2)(C), and
(b)(3)(A), by striking ``of the 1991
through 1997 marketing years'' each
place it appears and inserting
``marketing year'';
[(iii) in subsection (a)(3), by
striking ``1990'' and inserting ``1990,
for the 1991 through 1995 marketing
years, and 1995, for the 1996 through
2002 marketing years'';
[(iv) in subsection (b)(1)(A)--
[(I) by striking ``each of
the 1991 through 1997 marketing
years'' and inserting ``each
marketing year''; and
[(II) in clause (i), by
inserting before the semicolon
the following: ``, in the case
of the 1991 through 1995
marketing years, and the 1995
marketing year, in the case of
the 1996 through 2002 marketing
years'';
[(v) in subsection (b)(1), by adding
at the end the following:
[``(D) Certain farms ineligible for quota.--
Effective beginning with the 1998 crop, the
Secretary shall not establish a farm poundage
quota under subparagraph (A) for a farm owned
or controlled by--
[``(i) a municipality, airport
authority, school, college, refuge, or
other public entity (other than a
university used for research purposes);
or
[``(ii) a person who is not a
producer and resides in another
State.'';
[(vi) in subsection (b)(2), by adding
at the end the following:
[``(E) Transfer of quota from ineligible
farms.--Any farm poundage quota held at the end
of the 1996 marketing year by a farm described
in paragraph (1)(D) shall be allocated to other
farms in the same State on such basis as the
Secretary may by regulation prescribe.''; and
[(vii) in subsection (f), by striking
``1997'' and inserting ``2002'';
[(B) in section 358b (7 U.S.C. 1358b)--
[(i) in the section heading, by
striking ``1991 through 1995 crops
of''; and
[(ii) in subsection (c), by striking
``1995'' and inserting ``2002'';
[(C) in section 358c(d) (7 U.S.C. 1358c(d)),
by striking ``1995'' and inserting ``2002'';
and
[(D) in section 358e (7 U.S.C. 1359a)--
[(i) in the section heading, by
striking ``for 1991 through 1997 crops
of peanuts''; and
[(ii) in subsection (i), by striking
``1997'' and inserting ``2002''.
[(2) Elimination of quota floor.--Section 358-1(a)(1)
of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1358-1(a)(1)) is amended by striking the second
sentence.
[(3) Temporary quota allocation.--Section 358-1 of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-
1) is amended--
[(A) in subsection (a)(1), by striking
``domestic edible, seed,'' and inserting
``domestic edible use (except seed)''; and
[(B) in subsection (b)(2)--
[(i) in subparagraph (A), by striking
``subparagraph (B) and subject to'';
and
[(ii) by striking subparagraph (B)
and inserting the following:
[``(B) Temporary quota allocation.--
[``(i) Allocation related to seed
peanuts.--Temporary allocation of quota
pounds for the marketing year only in
which the crop is planted shall be made
to producers for each of the 1996
through 2002 marketing years as
provided in this subparagraph.
[``(ii) Quantity.--The temporary
quota allocation shall be equal to the
pounds of seed peanuts planted on the
farm, as may be adjusted and determined
under regulations prescribed by the
Secretary.
[``(iii) Additional quota.--The
temporary allocation of quota pounds
under this paragraph shall be in
addition to the farm poundage quota
otherwise established under this
subsection and shall be credited, for
the applicable marketing year only, in
total, to the producer of the peanuts
on the farm in a manner prescribed by
the Secretary.
[``(iv) Effect of other
requirements.--Nothing in this section
alters or changes the requirements
regarding the use of quota and
additional peanuts established by
section 358e(b).''.
[(4) Undermarketings.--Part VI of subtitle B of title
III of the Agricultural Adjustment Act of 1938 is
amended--
[(A) in section 358-1(b) (7 U.S.C. 1358-
1(b))--
[(i) in paragraph (1)(B), by striking
``includ-
ing--'' and clauses (i) and (ii) and
inserting ``including any increases
resulting from the allocation of quotas
voluntarily released for 1 year under
paragraph (7).'';
[(ii) in paragraph (3)(B), by
striking ``include--'' and clauses (i)
and (ii) and inserting ``include any
increase resulting from the allocation
of quotas voluntarily released for 1
year under paragraph (7).''; and
[(iii) by striking paragraphs (8) and
(9); and
[(B) in section 358b(a) (7 U.S.C. 1358b(a))--
[(i) in paragraph (2), by striking
``(including any applicable under
marketings)''; and
[(ii) in paragraph (3), by striking
``(including any applicable
undermarketings)''.
[(5) Disaster transfers.--Section 358-1(b) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-
1(b)), as amended by paragraph (4)(A)(iii), is amended
by adding at the end the following:
[``(8) Disaster transfers.--
[``(A) In general.--Except as provided in
subparagraph (B), additional peanuts produced
on a farm from which the quota poundage was not
harvested and marketed because of drought,
flood, or any other natural disaster, or any
other condition beyond the control of the
producer, may be transferred to the quota loan
pool for pricing purposes on such basis as the
Secretary shall by regulation provide.
[``(B) Limitation.--The poundage of peanuts
transferred under subparagraph (A) shall not
exceed the difference between--
[``(i) the total quantity of peanuts
meeting quality requirements for
domestic edible use, as determined by
the Secretary, marketed from the farm;
and
[``(ii) the total farm poundage
quota, excluding quota pounds
transferred to the farm in the fall.
[``(C) Support rate.--Peanuts transferred
under this paragraph shall be supported at 70
percent of the quota support rate for the
marketing years in which the transfers occur.
The transfers for a farm shall not exceed 25
percent of the total farm quota pounds,
excluding pounds transferred in the fall.''.
[(6) Sale or lease.--Section 358b(a) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1358b(a))
is amended--
[(A) by striking paragraph (1) and inserting
the following:
[``(1) Sale and lease authority.--
[``(A) Sale or lease within same state.--
Subject to subparagraph (B) and such terms and
conditions as the Secretary may prescribe, the
owner, or operator with the permission of the
owner, of a farm in a State for which a farm
poundage quota has been established may sell or
lease all or any part of the poundage quota to
any other owner or operator of a farm within
the same State for transfer to the farm.
However, any such lease of poundage quota may
be entered into in the fall or after the normal
planting season--
[``(i) if not less than 90 percent of
the basic quota (the farm quota and
temporary quota transfers), plus any
poundage quota transferred to the farm
under this subsection, has been planted
or considered planted on the farm from
which the quota is to be leased; and
[``(ii) under such terms and
conditions as the Secretary may by
regulation prescribe.
``In the case of a fall transfer or a transfer
after the normal planting season by a cash
lessee, the landowner shall not be required to
sign the transfer authorization. A fall
transfer or a transfer after the normal
planting season may be made not later than 72
hours after the peanuts that are the subject of
the transfer are inspected and graded.
[``(B) Percentage limitations on spring
transfers.--Spring transfers under subparagraph
(A) by sale or lease of a quota for farms in a
county to any owner or operator of a farm
outside the county within the same State shall
not exceed the applicable percentage specified
in this subparagraph of the quotas of all farms
in the originating county (as of January 1,
1996) for the crop year in which the transfer
is made, plus the total amount of quotas
eligible for transfer from the originating
county in the preceding crop year that were not
transferred in that year or that were
transferred through an expired lease. However,
not more than an aggregate of 40 percent of the
total poundage quota within a county (as of
January 1, 1996) may be transferred outside of
the county. Cumulative unexpired transfers
outside of a county may not exceed for a crop
year the following:
[``(i) For the 1996 crop, 15 percent.
[``(ii) For the 1997 crop, 25
percent.
[``(iii) For the 1998 crop, 30
percent.
[``(iv) For the 1999 crop, 35
percent.
[``(v) For the 2000 and subsequent
crops, not more than an aggregate of 40
percent of the total poundage quota
within the county as of January 1,
1996.
[``(C) Clarification regarding fall
transfers.--The limitation in subparagraph (B)
does not apply to 1-year fall transfers, which
in all cases may be made to any farm in the
same State.
[``(D) Effect of transfer.--Any farm poundage
quota transferred under this paragraph shall
not result in any reduction in the farm
poundage quota for the transferring farm if the
transferred quota is produced or considered
produced on the receiving farm.''; and
[(B) by adding at the end the following:
[``(4) Transfers in counties with small quotas.--
Notwithstanding paragraphs (1) and (2), in the case of
any county in a State for which the poundage quota
allocated to the county was less than 100,000 pounds
for the preceding year's crop, all or any part of a
farm poundage quota may be transferred by sale or lease
or otherwise from a farm in the county to a farm in
another county in the same State.''.]
SEC. 156. SUGAR PROGRAM.
(a) * * *
* * * * * * *
(c) [Reduction in Loan Rates] Loan Rate Adjustments.--
(1) [Reduction required] Possible reduction.--The
Secretary [shall] may reduce the loan rate specified in
subsection (a) for domestically grown sugarcane and
subsection (b) for domestically grown sugar beets if
the Secretary determines that negotiated reductions in
export subsidies and domestic subsidies provided for
sugar of other major sugar growing, producing, and
exporting countries in the aggregate exceed the
commitments made as part of the Agreement on
Agriculture.
* * * * * * *
(e) Loan Type; Processor Assurances.--
(1) * * *
* * * * * * *
(3) Prevention of onerous notification
requirements.--The Secretary may not impose or enforce
any prenotification or similar administrative
requirement that has the effect of preventing a
processor from choosing to forfeit the loan collateral
upon the maturity of the loan.
[(f) Marketing Assessment.--
[(1) Sugarcane.--Effective for marketings of raw cane
sugar during the 1996 through 2003 fiscal years, the
first processor of sugarcane shall remit to the
Commodity Credit Corporation a nonrefundable marketing
assessment in an amount equal to--
[(A) in the case of marketings during fiscal
year 1996, 1.1 percent of the loan rate
established under subsection (a) per pound of
raw cane sugar, processed by the processor from
domestically produced sugarcane or sugarcane
molasses, that has been marketed (including the
transfer or delivery of the sugar to a refinery
for further processing or marketing); and
[(B) in the case of marketings during each of
fiscal years 1997 through 2003, 1.375 percent
of the loan rate established under subsection
(a) per pound of raw cane sugar, processed by
the processor from domestically produced
sugarcane or sugarcane molasses, that has been
marketed (including the transfer or delivery of
the sugar to a refinery for further processing
or marketing).
[(2) Sugar beets.--Effective for marketings of beet
sugar during the 1996 through 2003 fiscal years, the
first processor of sugar beets shall remit to the
Commodity Credit Corporation a nonrefundable marketing
assessment in an amount equal to--
[(A) in the case of marketings during fiscal
year 1996, 1.1794 percent of the loan rate
established under subsection (a) per pound of
beet sugar, processed by the processor from
domestically produced sugar beets or sugar beet
molasses, that has been marketed; and
[(B) in the case of marketings during each of
fiscal years 1997 through 2003, 1.47425 percent
of the loan rate established under subsection
(a) per pound of beet sugar, processed by the
processor from domestically produced sugar
beets or sugar beet molasses, that has been
marketed.
[(3) Collection.--
[(A) Timing.--A marketing assessment required
under this subsection shall be collected on a
monthly basis and shall be remitted to the
Commodity Credit Corporation not later than 30
days after the end of each month. Any cane
sugar or beet sugar processed during a fiscal
year that has not been marketed by September 30
of the year shall be subject to assessment on
that date. The sugar shall not be subject to a
second assessment at the time that it is
marketed.
[(B) Manner.--Subject to subparagraph (A),
marketing assessments shall be collected under
this subsection in the manner prescribed by the
Secretary and shall be nonrefundable.
[(4) Penalties.--If any person fails to remit the
assessment required by this subsection or fails to
comply with such requirements for recordkeeping or
otherwise as are required by the Secretary to carry out
this subsection, the person shall be liable to the
Secretary for a civil penalty up to an amount
determined by multiplying--
[(A) the quantity of cane sugar or beet sugar
involved in the violation; by
[(B) the loan rate for the applicable crop of
sugarcane or sugar beets.
[(5) Enforcement.--The Secretary may enforce this
subsection in a court of the United States.]
(f) Loans for In-Process Sugar.--
(1) Availability; rate.--The Secretary shall make
nonrecourse loans available to processors of
domestically grown sugarcane and sugar beets for in-
process sugars and syrups derived from such crops. The
loan rate shall be equal to 80 percent of the loan rate
applicable to raw cane sugar or refined beet sugar,
depending on the source material for the in-process
sugars and syrups.
(2) Further processing upon forfeiture.--As a
condition on the forfeiture of in-process sugars and
syrups serving as collateral for a loan under paragraph
(1), the processor shall, within such reasonable time
period as the Secretary may prescribe and at no cost to
the Commodity Credit Corporation, convert the in-
process sugars and syrups into raw cane sugar or
refined beet sugar of acceptable grade and quality for
sugars eligible for loans under subsection (a) or (b).
Once the in-process sugars and syrups are fully
processed into raw cane sugar or refined beet sugar,
the processor shall transfer the sugar to the
Corporation, which shall make a payment to the
processor in an amount equal to the difference between
the loan rate for raw cane sugar or refined beet sugar,
whichever applies, and the loan rate the processor
received under paragraph (1).
(3) Loan conversion.--If the processor does not
forfeit the collateral as described in paragraph (2),
but instead further processes the in-process sugars and
syrups into raw cane sugar or refined beet sugar and
repays the loan on the in-process sugars and syrups,
the processor may then obtain a loan under subsection
(a) or (b) on the raw cane sugar or refined beet sugar,
as appropriate.
(4) Definition.--In this subsection the term ``in-
process sugars and syrups'' does not include raw sugar,
liquid sugar, invert sugar, invert syrup, or other
finished products that are otherwise eligible for loans
under subsection (a) or (b).
* * * * * * *
(h) Information Reporting.--
(1) * * *
(2) Duty of producers to report.--
(A) Proportionate share states.--The
Secretary shall require a producer of sugarcane
located in a State (other than Puerto Rico) in
which there are in excess of 250 sugarcane
producers to report, in the manner prescribed
by the Secretary, the producer's sugarcane
yields and acres planted to sugarcane.
(B) Other states.--The Secretary may require
producers of sugarcane or sugar beets not
covered by paragraph (1) to report, in the
manner prescribed by the Secretary, each
producer's sugarcane or sugar beet yields and
acres planted to sugarcane or sugar beets,
respectively.
(3) Duty of importers to report.--The Secretary shall
require an importer of sugars, syrups or molasses to be
used for human consumption or to be used for the
extraction of sugar for human consumption, except such
sugars, syrups, or molasses that are within the
quantities of tariff-rate quotas that are at the lower
rate of duties, to report, in the manner prescribed by
the Secretary, the quantities of such products imported
and the sugar content or equivalent of such products.
[(2)] (4) Penalty.--Any person willfully failing or
refusing to furnish the information, or furnishing
willfully any false information, shall be subject to a
civil penalty of not more than $10,000 for each such
violation.
[(3)] (5) Monthly reports.--Taking into consideration
the information received under [paragraph (1)] this
subsection, the Secretary shall publish on a monthly
basis composite data on production, imports,
distribution, and stock levels of sugar.
(i) Crops.--This section [(other than subsection (f))] shall
be effective only for the 1996 through [2002] 2011 crops of
sugar beets and sugarcane.
(j) Avoiding Forfeitures; Corporation Inventory
Disposition.--
(1) No cost.--To the maximum extent practicable, the
Secretary shall operate the sugar program established
under this section at no cost to the Federal Government
by avoiding the forfeiture of sugar to the Commodity
Credit Corporation.
(2) Inventory disposition.--In support of the
objective specified in paragraph (1), the Commodity
Credit Corporation may accept bids for commodities in
the inventory of the Corporation from (or otherwise
make available such commodities, on appropriate terms
and conditions, to) processors of sugarcane and
processors of sugar beets (when the processors are
acting in conjunction with the producers of the
sugarcane or sugar beets processed by such processors)
in return for the reduction of production of raw cane
sugar or refined beet sugar, as appropriate. The
authority provided under this paragraph is in addition
to any authority of the Corporation under any other
law.
* * * * * * *
Subtitle E--Administration
* * * * * * *
SEC. 162. ADJUSTMENTS OF LOANS.
(a) * * *
(b) Manner of Adjustment.--The adjustments under the
authority of this section shall, to the maximum extent
practicable, be made in such manner that the average loan level
for the commodity will, on the basis of the anticipated
incidence of the factors, be equal to the level of support
determined as provided in [this title] this title and title I
of the Farm Security Act of 2001.
* * * * * * *
SEC. 163. COMMODITY CREDIT CORPORATION INTEREST RATE.
Notwithstanding any other provision of law, the monthly
Commodity Credit Corporation interest rate applicable to loans
provided for agricultural commodities by the Corporation shall
be 100 basis points greater than the rate determined under the
applicable interest rate formula in effect on October 1, 1995.
For purposes of this section, raw cane sugar, refined beet
sugar, and in process sugar eligible for a loan under section
156 shall not be considered an agricultural commodity.
SEC. 164. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES.
(a) In General.--Except as provided in subsection (b), no
producer shall be personally liable for any deficiency arising
from the sale of the collateral securing any nonrecourse loan
made under [this title] this title and title I of the Farm
Security Act of 2001 unless the loan was obtained through a
fraudulent representation by the producer.
(b) Limitations.--Subsection (a) shall not prevent the
Commodity Credit Corporation or the Secretary from requiring a
producer to assume liability for--
(1) a deficiency in the grade, quality, or quantity
of a commodity stored on a farm or delivered by the
producer;
(2) a failure to properly care for and preserve a
commodity; or
(3) a failure or refusal to deliver a commodity in
accordance with a program established under [this
title] this title and title I of the Farm Security Act
of 2001.
(c) Acquisition of Collateral.--In the case of a nonrecourse
loan made under this title or the Commodity Credit Corporation
Charter Act (15 U.S.C. 714 et seq.), if the Commodity Credit
Corporation acquires title to the unredeemed collateral, the
Corporation shall be under no obligation to pay for any market
value that the collateral may have in excess of the loan
indebtedness.
(d) Sugarcane and Sugar Beets.--A security interest obtained
by the Commodity Credit Corporation as a result of the
execution of a security agreement by the processor of sugarcane
or sugar beets shall be superior to all statutory and common
law liens on raw cane sugar and refined beet sugar in favor of
the producers of sugarcane and sugar beets and all prior
recorded and unrecorded liens on the crops of sugarcane and
sugar beets from which the sugar was derived.
* * * * * * *
SEC. 166. COMMODITY CERTIFICATES.
(a) In General.--In making in-kind payments under [subtitle
C] subtitle C of this title and title I of the Farm Security
Act of 2001, the Commodity Credit Corporation may--
(1) * * *
* * * * * * *
(c) Administration.--
(1) Form.--At the option of a producer, the Commodity
Credit Corporation shall make negotiable certificates
authorized under subsection (b)(3) available to the
producer, in the form of program payments or by sale,
in a manner that the Corporation determines will
encourage the orderly marketing of commodities pledged
as collateral for loans made to producers under
[subtitle C] subtitle C of this title and title I of
the Farm Security Act of 2001.
* * * * * * *
Subtitle F--Permanent Price Support Authority
SEC. 171. SUSPENSION AND REPEAL OF PERMANENT PRICE SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--
(1) Suspensions.--The following provisions of the
Agricultural Adjustment Act of 1938 shall not be
applicable to the 1996 through [2002] 2011 crops of
loan commodities, peanuts, and sugar and shall not be
applicable to milk during the period beginning on the
date of enactment of this title and ending on December
31, [2002] 2011:
(A) * * *
* * * * * * *
(E) Part VII of subtitle B of title III (7
U.S.C. 1359aa-1359jj), but only with respect to
sugar marketings through fiscal year 2002.
(b) Agricultural Act of 1949.--
(1) Suspensions.--The following provisions of the
Agricultural Act of 1949 shall not be applicable to the
1996 through [2002] 2011 crops of loan commodities,
peanuts, and sugar and shall not be applicable to milk
during the period beginning on the date of enactment of
this title and ending on December 31, [2002] 2011:
(A) * * *
* * * * * * *
(c) Suspension of Certain Quota Provisions.--The joint
resolution entitled ``A joint resolution relating to corn and
wheat marketing quotas under the Agricultural Adjustment Act of
1938, as amended'', approved May 26, 1941 (7 U.S.C. 1330 and
1340), shall not be applicable to the crops of wheat planted
for harvest in the calendar years 1996 through [2002] 2011.
* * * * * * *
TITLE III--CONSERVATION
* * * * * * *
[Subtitle F--National Natural Resources Conservation Foundation
[SEC. 351.SHORT TITLE.
[This subtitle may be cited as the ``National Natural
Resources Conservation Foundation Act''.
[SEC. 352. DEFINITIONS.
[In this subtitle (unless the context otherwise requires):
[(1) Board.--The term ``Board'' means the Board of
Trustees established under section 354.
[(2) Department.--The term ``Department'' means the
Department of Agriculture.
[(3) Foundation.--The term ``Foundation'' means the
National Natural Resources Conservation Foundation
established by section 353(a).
[(4) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
[SEC. 353. NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION.
[(a) Establishment.--A National Natural Resources
Conservation Foundation is established as a charitable and
nonprofit corporation for charitable, scientific, and
educational purposes specified in subsection (b). The
Foundation is not an agency or instrumentality of the United
States.
[(b) Duties.--The Foundation shall--
[(1) promote innovative solutions to the problems
associated with the conservation of natural resources
on private lands, particularly with respect to
agriculture and soil and water conservation;
[(2) promote voluntary partnerships between
government and private interests in the conservation of
natural resources;
[(3) conduct research and undertake educational
activities, conduct and support demonstration projects,
and make grants to State and local agencies and
nonprofit organizations;
[(4) provide such other leadership and support as may
be necessary to address conservation challenges, such
as the prevention of excessive soil erosion, the
enhancement of soil and water quality, and the
protection of wetlands, wildlife habitat, and
strategically important farmland subject to urban
conversion and fragmentation;
[(5) encourage, accept, and administer private gifts
of money and real and personal property for the benefit
of, or in connection with, the conservation and related
activities and services of the Department, particularly
the Natural Resources Conservation Service;
[(6) undertake, conduct, and encourage educational,
technical, and other assistance, and other activities,
that support the conservation and related programs
administered by the Department (other than activities
carried out on National Forest System lands),
particularly the Natural Resources Conservation
Service, except that the Foundation may not enforce or
administer a regulation of the Department; and
[(7) raise private funds to promote the purposes of
the Foundation.
[(c) Limitations and Conflicts of Interest.--
[(1) Political activities.--The Foundation shall not
participate or intervene in a political campaign on
behalf of any candidate for public office.
[(2) Conflicts of interest.--No director, officer, or
employee of the Foundation shall participate, directly
or indirectly, in the consideration or determination of
any question before the Foundation affecting--
[(A) the financial interests of the director,
officer, or employee; or
[(B) the interests of any corporation,
partnership, entity, organization, or other
person in which the director, officer, or
employee--
[(i) is an officer, director, or
trustee; or
[(ii) has any direct or indirect
financial interest.
[(3) Legislation or government action or policy.--No
funds of the Foundation may be used in any manner for
the purpose of influencing legislation or government
action or policy.
[(4) Litigation.--No funds of the Foundation may be
used to bring or join an action against the United
States.
[SEC. 354. COMPOSITION AND OPERATION.
[(a) Composition.--The Foundation shall be administered by a
Board of Trustees that shall consist of 9 voting members, each
of whom shall be a United States citizen and not a Federal
officer. The Board shall be composed of--
[(1) individuals with expertise in agricultural
conservation policy matters;
[(2) a representative of private sector organizations
with a demonstrable interest in natural resources
conservation;
[(3) a representative of statewide conservation
organizations;
[(4) a representative of soil and water conservation
districts;
[(5) a representative of organizations outside the
Federal Government that are dedicated to natural
resources conservation education; and
[(6) a farmer or rancher.
[(b) Nongovernmental Employees.--Service as a member of the
Board shall not constitute employment by, or the holding of, an
office of the United States for the purposes of any Federal
law.
[(c) Membership.--
[(1) Initial members.--The Secretary shall appoint 9
persons who meet the criteria established under
subsection (a) as the initial members of the Board and
designate 1 of the members as the initial chairperson
for a 2-year term.
[(2) Terms of office.--
[(A) In general.--A member of the Board shall
serve for a term of 3 years, except that the
members appointed to the initial Board shall
serve, proportionately, for terms of 1, 2, and
3 years, as determined by the Secretary.
[(B) Limitation on terms.--No individual may
serve more than 2 consecutive 3-year terms as a
member of the Board.
[(3) Subsequent members.--The initial members of the
Board shall adopt procedures in the constitution of the
Foundation for the nomination and selection of
subsequent members of the Board. The procedures shall
require that each member, at a minimum, meets the
criteria established under subsection (a) and shall
provide for the selection of an individual, who is not
a Federal officer or a member of the Board.
[(d) Chairperson.--After the appointment of an initial
chairperson under subsection (c)(1), each succeeding
chairperson of the Board shall be elected by the members of the
Board for a 2-year term.
[(e) Vacancies.--A vacancy on the Board shall be filled by
the Board not later than 60 days after the occurrence of the
vacancy.
[(f) Compensation.--A member of the Board shall receive no
compensation from the Foundation for the service of the member
on the Board.
[(g) Travel Expenses.--While away from the home or regular
place of business of a member of the Board in the performance
of services for the Board, the member shall be allowed travel
expenses paid by the Foundation, including per diem in lieu of
subsistence, at the same rate as a person employed
intermittently in the Government service is allowed under
section 5703 of title 5, United States Code.
[SEC. 355. OFFICERS AND EMPLOYEES.
[(a) In General.--The Board may--
[(1) appoint, hire, and discharge the officers and
employees of the Foundation, other than appoint the
initial Executive Director of the Foundation;
[(2) adopt a constitution and bylaws for the
Foundation that are consistent with the purposes of
this subtitle; and
[(3) undertake any other activities that may be
necessary to carry out this subtitle.
[(b) Officers and Employees.--
[(1) Appointment and hiring.--An officer or employee
of the Foundation--
[(A) shall not, by virtue of the appointment
or employment of the officer or employee, be
considered a Federal employee for any purpose,
including the provisions of title 5, United
States Code, governing appointments in the
competitive service, except that such an
individual may participate in the Federal
employee retirement system as if the individual
were a Federal employee; and
[(B) may not be paid by the Foundation a
salary in excess of $125,000 per year.
[(2) Executive director.--
[(A) Initial director.--The Secretary shall
appoint an individual to serve as the initial
Executive Director of the Foundation who shall
serve, at the direction of the Board, as the
chief operating officer of the Foundation.
[(B) Subsequent directors.--The Board shall
appoint each subsequent Executive Director of
the Foundation who shall serve, at the
direction of the Board, as the chief operating
officer of the Foundation.
[(C) Qualifications.--The Executive Director
shall be knowledgeable and experienced in
matters relating to natural resources
conservation.
[SEC. 356. CORPORATE POWERS AND OBLIGATIONS OF THE FOUNDATION.
[(a) In General.--The Foundation--
[(1) may conduct business throughout the United
States and the territories and possessions of the
United States; and
[(2) shall at all times maintain a designated agent
who is authorized to accept service of process for the
Foundation, so that the serving of notice to, or
service of process on, the agent, or mailed to the
business address of the agent, shall be considered as
service on or notice to the Foundation.
[(b) Seal.--The Foundation shall have an official seal
selected by the Board that shall be judicially noticed.
[(c) Powers.--To carry out the purposes of the Foundation
under section 353(b), the Foundation shall have, in addition to
the powers otherwise provided under this subtitle, the usual
powers of a corporation, including the power--
[(1) to accept, receive, solicit, hold, administer,
and use any gift, devise, or bequest, either absolutely
or in trust, of real or personal property or any income
from, or other interest in, the gift, devise, or
bequest;
[(2) to acquire by purchase or exchange any real or
personal property or interest in property, except that
funds provided under section 360 may not be used to
purchase an interest in real property;
[(3) unless otherwise required by instrument of
transfer, to sell, donate, lease, invest, reinvest,
retain, or otherwise dispose of any property or income
from property;
[(4) to borrow money from private sources and issue
bonds, debentures, or other debt instruments, subject
to section 359, except that the aggregate amount of the
borrowing and debt instruments outstanding at any time
may not exceed $1,000,000;
[(5) to sue and be sued, and complain and defend
itself, in any court of competent jurisdiction, except
that a member of the Board shall not be personally
liable for an action in the performance of services for
the Board, except for gross negligence;
[(6) to enter into a contract or other agreement with
an agency of State or local government, educational
institution, or other private organization or person
and to make such payments as may be necessary to carry
out the functions of the Foundation; and
[(7) to do any and all acts that are necessary to
carry out the purposes of the Foundation.
[(d) Interests in Property.--
[(1) Interests in real property.--The Foundation may
acquire, hold, and dispose of lands, waters, or other
interests in real property by donation, gift, devise,
purchase, or exchange. An interest in real property
shall be treated, among other things, as including an
easement or other right for the preservation,
conservation, protection, or enhancement of
agricultural, natural, scenic, historic, scientific,
educational, inspirational, or recreational resources.
[(2) Gifts.--A gift, devise, or bequest may be
accepted by the Foundation even though the gift,
devise, or bequest is encumbered, restricted, or
subject to a beneficial interest of a private person if
any current or future interest in the gift, devise, or
bequest is for the benefit of the Foundation.
[SEC. 357. ADMINISTRATIVE SERVICES AND SUPPORT.
[For each of fiscal years 1996 through 1998, the Secretary
may provide, without reimbursement, personnel, facilities, and
other administrative services of the Department to the
Foundation.
[SEC. 358. AUDITS AND PETITION OF ATTORNEY GENERAL FOR EQUITABLE
RELIEF.
[(a) Audits.--
[(1) In general.--The accounts of the Foundation
shall be audited in accordance with Public Law 88-504
(36 U.S.C. 1101 et seq.), including an audit of
lobbying and litigation activities carried out by the
Foundation.
[(b) Relief With Respect to Certain Foundation Acts or
Failure To Act.--The Attorney General may petition in the
United States District Court for the District of Columbia for
such equitable relief as may be necessary or appropriate, if
the Foundation--
[(1) engages in, or threatens to engage in, any act,
practice, or policy that is inconsistent with this
subtitle; or
[(2) refuses, fails, neglects, or threatens to
refuse, fail, or neglect, to discharge the obligations
of the Foundation under this subtitle.
[SEC. 359. RELEASE FROM LIABILITY.
[(a) In General.--The United States shall not be liable for
any debt, default, act, or omission of the Foundation. The full
faith and credit of the United States shall not extend to the
Foundation.
[(b) Statement.--An obligation issued by the Foundation, and
a document offering an obligation, shall include a prominent
statement that the obligation is not directly or indirectly
guaranteed, in whole or in part, by the United States (or an
agency or instrumentality of the United States).
[SEC. 360. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to the Department to
be made available to the Foundation $1,000,000 for each of
fiscal years 1997 through 1999 to initially establish and carry
out activities of the Foundation.]
* * * * * * *
Subtitle H--Miscellaneous Conservation Provisions
* * * * * * *
SEC. 387. WILDLIFE HABITAT INCENTIVES PROGRAM.
(a) * * *
* * * * * * *
[(c) Funding.--To carry out this section, a total of
$50,000,000 shall be made available for fiscal years 1996
through 2002 from funds made available to carry out subchapter
B of chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.).]
(c) Funding.--To carry out this section, there shall be made
available $25,000,000 for each of fiscal years 2002 through
2011, from funds made available from the Commodity Credit
Corporation.
SEC. 388. FARMLAND PROTECTION PROGRAM.
(a) In General.--The Secretary of Agriculture shall establish
and carry out a farmland protection program under which the
Secretary shall purchase conservation easements or other
interests in not less than 170,000, nor more than 340,000,
acres of land with prime, unique, or other productive soil, or
agricultural land that contains historic or archeological
resources, that is subject to a pending offer from a State or
local government for the purpose of protecting topsoil by
limiting nonagricultural uses of the land.
* * * * * * *
[(c) Funding.--The Secretary shall use not more than
$35,000,000 of the funds of the Commodity Credit Corporation to
carry out this section.]
(c) Funding.--The Secretary shall use not more than
$50,000,000 of the funds of the Commodity Credit Corporation in
each of fiscal years 2002 through 2011 to carry out this
section.
* * * * * * *
----------
FOOD SECURITY ACT OF 1985
TITLE I--DAIRY
* * * * * * *
Subtitle E--Miscellaneous
* * * * * * *
DAIRY EXPORT INCENTIVE PROGRAM
Sec. 153. (a) During the period beginning 60 days after the
date of enactment of this Act and ending on December 31, [2002]
2011, the Commodity Credit Corporation shall establish and
operate an export incentive program as described in this
section for dairy products under section 5 of the Commodity
Credit Corporation Charter Act.
* * * * * * *
TITLE X--GENERAL COMMODITY PROVISIONS
Subtitle A--Miscellaneous Commodity Provisions
PAYMENT LIMITATIONS
Sec. 1001. Notwithstanding any other provision of law:
(1) Limitation on [payments under production
flexibility contracts] fixed, decoupled payments.--The
total amount of [contract payments made under the
Agricultural Market Transition Act to a person under 1
or more production flexibility contracts] fixed,
decoupled payments made to a person during any fiscal
year may not exceed $[4] 50,000.
(2) Limitation on marketing loan gains and loan
deficiency payments.--The total amount of the [payments
specified in paragraph (3) that a person shall be
entitled to receive under the Agricultural Market
Transition Act for 1 or more contract commodities and
oilseeds] following payments that a person shall be
entitled to receive during any crop year may not exceed
$[75] 150,000[.]
[(3) Description of payments subject to limitation.--
The payments referred to in paragraph (2) are the
following]:
(A) Any gain realized by a producer from
repaying a marketing assistance loan under
[section 131 of the Agricultural Market
Transition Act for a crop of any loan commodity
at a lower level than the original loan rate
established for the loan commodity under
section 132] section 121 of the Farm Security
Act of 2001 for a crop of any covered commodity
at a lower level than the original loan rate
established for the commodity under section 122
of the Act.
(B) Any loan deficiency payment received for
a loan commodity under [section 135] section
125 of the Act.
(3) Limitation on counter-cyclical payments.--The
total amount of counter-cyclical payments that a person
may receive during any crop year shall not exceed the
amount specified in paragraph (2), as in effect on the
day before the date of the enactment of the Farm
Security Act of 2001.
[(4) Definitions.--In this title, the terms
``contract commodity'', ``contract payment'', ``loan
commodity'', ``oilseed'', and ``production flexibility
contract'' have the meaning given those terms in
section 102 of the Agricultural Market Transition Act.]
(4) Definitions.--In this title, the terms ``covered
commodity'', ``counter-cyclical payment'', and ``fixed,
decoupled payment'' have the meaning given those terms
in section 100 of the Farm Security Act of 2001.
* * * * * * *
TITLE XI--TRADE
* * * * * * *
Subtitle A--Public Law 480 and Use of Surplus Commodities in
International Programs
* * * * * * *
Sec. 1110. (a) * * *
* * * * * * *
(e)(1) * * *
(2) Notwithstanding any other provision of law, the Commodity
Credit Corporation may use funds appropriated to carry out
title I of the Agricultural Trade Development and Assistance
Act of 1954 in carrying out this section with respect to
commodities made available under that Act, and subsection (g)
does not apply to such commodities furnished on a grant basis
or on credit terms under title I of the Agricultural Trade
Development Act of 1954.
(f)(1) * * *
* * * * * * *
(3) No funds of the Commodity Credit Corporation in excess of
[$30,000,000] $35,000,000 (or, in the case of fiscal year 1999,
$35,000,000) (exclusive of the cost of commodities) may be used
for each of fiscal years 1996 through [2002] 2011 to carry out
this section with respect to commodities made available under
section 416(b) of the Agricultural Act of 1949 unless
authorized in advance in appropriation Acts.
* * * * * * *
(g) Not more than 500,000 metric tons of commodities may be
furnished under this section in each of the fiscal years 1986
through [2002] 2011.
* * * * * * *
(j) In carrying out this section, the President [may] is
encouraged, on request and subject to the availability of
commodities, to approve agreements that provide for commodities
to be made available for distribution or sale by the recipient
on a multiyear basis if the agreements otherwise meet the
requirements of this section.
(k) This section shall be effective during the period
beginning October 1, 1985, and ending December 31, [2002] 2011.
(l)(1) To enhance the development of private sector
agriculture in countries receiving assistance under this
section the President may, in each of the fiscal years 1996
through [2002] 2011, use in addition to any amounts or
commodities otherwise made available under this section for
such activities, not to exceed $10,000,000 (or, in the case of
[fiscal year 1999] fiscal years 2002 through 2011, $12,000,000)
of Commodity Credit Corporation funds (or commodities of an
equal value owned by the Corporation), to provide assistance in
the administration, sale, and monitoring of food assistance
programs, and to provide technical assistance for monetization
programs, to strengthen private sector agriculture in recipient
countries.
* * * * * * *
(p) The Secretary is encouraged to finalize program
agreements and resource requests for programs under this
section before the beginning of the relevant fiscal year. By
November 1 of the relevant fiscal year, the Secretary shall
provide to the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a list of approved programs,
countries, and commodities, and the total amounts of funds
approved for transportation and administrative costs, under
this section.
* * * * * * *
TITLE XII--CONSERVATION
Subtitle A--Definitions
DEFINITIONS
Sec. 1201. (a) For purposes of subtitles A through E:
[(1) The term ``agricultural commodity'' means--
[(A) any agricultural commodity planted and
produced in a State by annual tilling of the
soil, including tilling by one-trip planters;
or
[(B) sugarcane planted and produced in a
State.]
(1) Agricultural commodity.--The term ``agricultural
commodity'' means any agricultural crop planted or
produced in a State.
* * * * * * *
Subtitle B--Highly Erodible Land Conservation
SEC. 1213. DEVELOPMENT AND IMPLEMENTATION OF CONSERVATION PLANS AND
CONSERVATION SYSTEMS.
(a) * * *
* * * * * * *
[(e) Technical Assistance.--The Secretary shall, using
available resources and consistent with the Secretary's other
conservation responsibilities and objectives, provide technical
assistance to a person throughout the development, revision,
and application of the conservation plan and any conservation
system of the person. At the request of the person, the
Secretary may provide technical assistance regarding
conservation measures and management practices for other lands
of the person that do not contain highly erodible cropland.]
(e) Technical Assistance.--A producer who is subject to this
subtitle shall be eligible to receive technical assistance in
accordance with section 1243(d) throughout the development,
revision, and application of the conservation plan and any
conservation system of the producer.
* * * * * * *
Subtitle C--Wetland Conservation
SEC. 1221. PROGRAM INELIGIBILITY.
(a) * * *
(b) Ineligibility for Certain Loans and Payments.--If a
person is determined to have committed a violation under
subsection (a) during a crop year, the Secretary shall
determine which of, and the amount of, the following loans and
payments relating to any commodity produced during that crop
year by such person for which the person shall be ineligible:
(1) * * *
* * * * * * *
SEC. 1222. DELINEATION OF WETLANDS; EXEMPTIONS.
(a) * * *
* * * * * * *
[(k) Mitigation Banking Program.--Using authorities available
to the Secretary, the Secretary may operate a pilot program for
mitigation banking of wetlands to assist persons to increase
the efficiency of agricultural operations while protecting
wetland functions and values. Subsection (f)(2)(C) shall not
apply to this subsection.]
* * * * * * *
Subtitle D--Agricultural Resources Conservation Program
CHAPTER 1--ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM
[Subchapter A--General Provisions
[SEC. 1230. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM.
[(a) Establishment.--
[(1) In general.--During the 1996 through 2002
calendar years, the Secretary shall establish an
environmental conservation acreage reserve program
(referred to in this section as ``ECARP'') to be
implemented through contracts and the acquisition of
easements to assist owners and operators of farms and
ranches to conserve and enhance soil, water, and
related natural resources, including grazing land,
wetland, and wildlife habitat.
[(2) Means.--The Secretary shall carry out the ECARP
by--
[(A) providing for the long-term protection
of environmentally sensitive land; and
[(B) providing technical and financial
assistance to farmers and ranchers to--
[(i) improve the management and
operation of the farms and ranches; and
[(ii) reconcile productivity and
profitability with protection and
enhancement of the environment.
[(3) Programs.--The ECARP shall consist of--
[(A) the conservation reserve program
established under subchapter B;
[(B) the wetlands reserve program established
under subchapter C; and
[(C) the environmental quality incentives
program established under chapter 4.
[(b) Administration.--
[(1) In general.--In carrying out the ECARP, the
Secretary shall enter into contracts with owners and
operators and acquire interests in land through
easements from owners, as provided in this chapter and
chapter 4.
[(2) Prior enrollments.--Acreage enrolled in the
conservation reserve or wetlands reserve program prior
to the date of enactment of this paragraph shall be
considered to be placed into the ECARP.
[(c) Conservation Priority Areas.--
[(1) Designation.--The Secretary may designate
watersheds, multistate areas, or regions of special
environmental sensitivity as conservation priority
areas that are eligible for enhanced assistance under
this chapter and chapter 4.
[(2) Assistance.--The Secretary may designate areas
as conservation priority areas to assist, to the
maximum extent practicable, agricultural producers
within the conservation priority areas to comply with
nonpoint source pollution requirements under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) and other Federal and State environmental laws
and to meet other conservation needs.
[(3) Producers.--The Secretary may provide technical
assistance, cost-share payments, and incentive payments
to producers in a conservation priority area under this
chapter and chapter 4 based on--
[(A) the significance of the soil, water,
wildlife habitat, and related natural resource
problems in a watershed, multistate area, or
region; and
[(B) the structural practices or land
management practices that best address the
problems, and that maximize environmental
benefits for each dollar expended, as
determined by the Secretary.]
* * * * * * *
Subchapter B--Conservation Reserve
SEC. 1231. CONSERVATION RESERVE.
(a) In General.--Through the [2002] 2011 calendar year, the
Secretary shall formulate and carry out the enrollment of lands
in a conservation reserve program through the use of contracts
to assist owners and operators of lands specified in subsection
(b) to conserve and improve the soil [and water], water, and
wildlife resources of such lands.
(b) Eligible Lands.--The Secretary may include in the program
established under this subchapter--
(1) * * *
[(2) marginal pasture lands converted to wetland or
established as wildlife habitat prior to the enactment
of the Food, Agriculture, Conservation, and Trade Act
of 1990;
[(3) marginal pasture lands to be devoted to trees in
or near riparian areas or for similar water quality
purposes, not to exceed 10 percent of the number of
acres of land that is placed in the conservation
reserve under this subchapter in each of the 1991
through 2002 calendar years;]
(2) marginal pasturelands to be devoted to natural
vegetation in or near riparian areas or for similar
water quality purposes;
[(4)] (3) croplands that are otherwise not eligible--
[(A) if the Secretary determines that (i)
such lands contribute to the degradation of
water quality or would pose an on-site or off-
site environmental threat to water quality if
permitted to remain in agricultural production,
and (ii) water quality objectives with respect
to such land cannot be achieved under the water
quality incentives program established under
chapter 2;]
(A) if the Secretary determines that--
(i) the lands contribute to the
degradation of soil, water, or air
quality, or would pose an on-site or
off-site environmental threat to soil,
water, or air quality if permitted to
remain in agricultural production; and
(ii) soil, water, and air quality
objectives with respect to the land
cannot be achieved under the
environmental quality incentives
program established under chapter 4;
* * * * * * *
(C) that will be devoted to newly established
living snow fences, permanent wildlife habitat,
windbreaks, shelterbelts, or filterstrips
devoted to trees or shrubs; [or]
(D) if the Secretary determines that such
lands pose an off-farm environmental threat, or
pose a threat of continued degradation of
productivity due to soil salinity, if permitted
to remain in production[.]; or
(E) if the Secretary determines that
enrollment of such lands would contribute to
conservation of ground or surface water.
* * * * * * *
(d) Maximum Enrollment.--The Secretary may maintain up to
[36,400,000] 39,200,000 acres in the conservation reserve at
any one time during the 1986 through [2002] 2011 calendar years
(including contracts extended by the Secretary pursuant to
section 1437(c) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 16 U.S.C. 3831 note)).
* * * * * * *
[(f) Conservation Priority Areas.--
[(1) Designation.--Upon application by the
appropriate State agency, the Secretary shall designate
watershed areas of the Chesapeake Bay Region
(Pennsylvania, Maryland, and Virginia), the Great Lakes
Region, the Long Island Sound Region, and other areas
of special environmental sensitivity as conservation
priority areas.
[(2) Eligible watersheds.--Watersheds eligible for
designation under this subsection shall include areas
with actual and significant adverse water quality or
habitat impacts related to agricultural production
activities.
[(3) Expiration.--Conservation priority area
designation under this subsection shall expire after 5
years, subject to redesignation, except that the
Secretary may withdraw a watershed's designation--
[(A) upon application by the appropriate
State agency; or
[(B) in the case of areas specified in this
subsection, if the Secretary finds that such
areas no longer contain actual and significant
adverse water quality or habitat impacts
related to agricultural production activities.
[(4) Duty of secretary.--In utilizing the authority
granted under this subsection, the Secretary shall
attempt to maximize water quality and habitat benefits
in such watersheds by promoting a significant level of
enrollment of lands within such watersheds in the
program under this subchapter by whatever means the
Secretary determines appropriate and consistent with
the purposes of this subchapter.]
(f) Eligibility on Contract Expiration.--On the expiration of
a contract entered into under this subchapter, the land subject
to the contract shall be eligible to be re-enrolled in the
conservation reserve.
* * * * * * *
(i) Balance Among Contracts Awarded.--In determining the
acceptability of contract offers under this subchapter, the
Secretary shall balance conservation interests in soil erosion,
water quality, and wildlife habitat.
DUTIES OF OWNERS AND OPERATORS
Sec. 1232. (a) Under the terms of a contract entered into
under this subchapter, during the term of such contract, an
owner or operator of a farm or ranch must agree--
(1) * * *
* * * * * * *
(3) not to use such land for agricultural purposes,
except as described in section 1232(a)(7) or for other
purposes as permitted by the Secretary;
(4) to establish approved vegetative cover, or water
cover for the enhancement of wildlife, where
practicable, or maintain existing cover on such land,
except that--
(A) * * *
* * * * * * *
(5) [in addition to the remedies provided under
section 1236(d),] on the violation of a term or
condition of the contract at any time the owner or
operator has control of such land--
(A) * * *
* * * * * * *
(7) not to conduct any harvesting or grazing, nor
otherwise make commercial use of the forage, on land
that is subject to the contract, nor adopt any similar
practice specified in the contract by the Secretary as
a practice that would tend to defeat the purposes of
the contract, except that the [Secretary--
[(A) may permit--
[(i) harvesting or grazing or other
commercial use of the forage on land
that is subject to the contract in
response to a drought or other similar
emergency; and
[(ii) limited grazing on such land
where such grazing is incidental to the
gleaning of crop residues on the fields
in which such land is located and
occurs--
[(I) in the case of land
other than eligible acreage
enrolled under section 1231(h),
during the 7-month period in
which grazing of conserving use
acreage is allowed in a State
under the Agricultural Act of
1949 (7 U.S.C. 1421 et seq.) or
after the producer harvests the
grain crop of the surrounding
field for a reduction in rental
payment commensurate with the
limited economic value of such
incidental grazing; and
[(II) in the case of eligible
acreage enrolled under section
1231(h), at any time other than
during the period beginning May
1 and ending August 1 of each
year for a reduction in rental
payment commensurate with the
limited economic value of such
incidental grazing; and
[(B) shall approve not more than six
projects, no more than one of which may be in
any State, under which land subject to the
contract may be harvested for recovery of
biomass used in energy production if--
[(i) no acreage subject to the
contract is harvested more than once
every other year;
[(ii) not more than 25 percent of the
total acreage enrolled in the program
under this subchapter in any crop
reporting district (as designated by
the Secretary), is harvested in any 1
year;
[(iii) no portion of the crop is used
for any commercial purpose other than
energy production from biomass;
[(iv) no wetland, or acreage of any
type enrolled in a partial field
conservation practice (including
riparian forest buffers, filter strips,
and buffer strips), is harvested;
[(v) the owner or operator agrees to
a payment reduction under this section
in an amount determined by the
Secretary.
[(C) the total acres for all of the projects
shall not exceed 250,000 acres.] Secretary may
permit--
(A) managed grazing and limited haying, in
which case the Secretary shall reduce the
conservation reserve payment otherwise payable
under the contract by an amount commensurate
with the economic value of the activity;
(B) wind turbines for the provision of wind
energy, whether or not commercial in nature;
and
(C) land subject to the contract to be
harvested for recovery of biomass used in
energy production, in which case the Secretary
shall reduce the conservation reserve payment
otherwise payable under the contract by an
amount commensurate with the economic value of
such activity;
* * * * * * *
[(c) Environmental Use.--To the extent practicable, not less
than one-eighth of land that is placed in the conservation
reserve under this subchapter during the 1991 through 2002
calendar years shall be devoted to trees, or devoted to shrubs
or other noncrop vegetation or water that may provide a
permanent habitat for wildlife including migratory waterfowl.
[(d) Alley-Cropping.--
[(1) The Secretary may permit alley cropping of
agricultural commodities on land that is subject to
contracts entered into under this subchapter, if--
[(A) such land is planted to hardwood trees;
[(B) such agricultural commodities will be
produced in conjunction with, and in close
proximity to, such hardwood trees; and
[(C) the owner or operator of such land
agrees to implement appropriate conservation
practices concerning such land.
[(2) The Secretary shall develop a bid system by
which owners and operators may offer to reduce their
annual rental payments in exchange for permission to
produce agricultural commodities on such land in
accordance with this subsection. The Secretary shall
not accept offers under this paragraph that provide for
less than a 50 percent reduction in such annual
payments.
[(3) The Secretary shall ensure that the total annual
rental payments over the term of any contract modified
under this subsection are not in excess of that
specified in the original contract.
[(4) For the purposes of this subsection, the term
``alley cropping'' means the practice of planting rows
of trees bordered on each side by a narrow strip of
groundcover, alternated with wider strips of row crops
or grain.]
[(e)] (c) Foreclosure.--Notwithstanding any other provision
of law, an owner or operator who is a party to a contract
entered into under this subchapter may not be required to make
repayments to the Secretary of amounts received under such
contract if the land that is subject to such contract has been
foreclosed upon and the Secretary determines that forgiving
such repayments is appropriate in order to provide fair and
equitable treatment. This subsection shall not void the
responsibilities of such an owner or operator under the
contract if such owner or operator resumes control over the
property that is subject to the contract within the period
specified in the contract. Upon the resumption of such control
over the property by the owner or operator, the provisions of
the contract in effect on the date of the foreclosure shall
apply.
DUTIES OF THE SECRETARY
Sec. 1233. (a) In General.--In return for a contract entered
into by an owner or operator under section 1232, the Secretary
shall--
(1) share the cost of carrying out the conservation
measures and practices set forth in the contract for
which the Secretary determines that cost sharing is
appropriate and in the public interest; and
(2) for a period of years not in excess of the term
of the contract, pay an annual [rental payment]
conservation reserve payment in an amount necessary to
compensate for--
(A) the conversion of highly erodible
cropland normally devoted to the production of
an agricultural commodity on a farm or ranch to
a less intensive use; and
(B) the retirement of any cropland base and
allotment history that the owner or operator
agrees to retire permanently[; and].
[(3) provide conservation technical assistance to
assist the owner or operator in carrying out the
contract.]
(b) Technical Assistance.--An owner or operator who is
participating in the program under this subtitle shall be
eligible to receive technical assistance in accordance with
section 1243(d) to assist the owner or operator in carrying out
a contract entered into under section 1232.
PAYMENTS
Sec. 1234. (a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
[(3) In determining the acceptability of contract offers, the
Secretary may--
[(A) take into consideration the extent to which
enrollment of the land that is the subject of the
contract offer would improve soil resources, water
quality, wildlife habitat, or provide other
environmental benefits; and
[(B) establish different criteria in various States
and regions of the United States based upon the extent
to which water quality or wildlife habitat may be
improved or erosion may be abated.]
* * * * * * *
(f)(1) * * *
* * * * * * *
[(3) Rental payments received by an owner or operator shall
be in addition to, and not affect, the total amount of payments
that such owner or operator is otherwise eligible to receive
under this Act, the Food, Agriculture, Conservation, and Trade
Act of 1990, or the Agricultural Act of 1949 (7 U.S.C. 1421 et
seq.).]
* * * * * * *
CONTRACTS
Sec. 1235. (a)(1) No contract shall be entered into under
this subchapter concerning land with respect to which the
ownership has changed in the 1-year period preceding the first
year of the contract period unless--
(A) the new ownership was acquired by will or
succession as a result of the death of the previous
owner; or
[(B) the new ownership was acquired before January 1,
1985;
[(C) the Secretary determines that the land was
acquired under circumstances that give adequate
assurance that such land was not acquired for the
purpose of placing it in the program established by
this subchapter; or]
[(D)] (B) the ownership change occurred due to
foreclosure on the land and the owner of the land
immediately before the foreclosure exercises a right of
redemption from the mortgage holder in accordance with
State law.
* * * * * * *
(f) Restoration of Base.--On the expiration of a contract
entered into under this subchapter, the Secretary shall restore
the base, contract acreage, quota, or allotment history
applicable to the land when the contract was entered into.
[BASE HISTORY
[Sec. 1236. (a) A reduction, based on a ratio between the
total cropland acreage on the farm and the acreage placed in
the conservation reserve authorized by this subchapter, as
determined by the Secretary, shall be made during the period of
the contract, in the aggregate, in crop bases, quotas, and
allotments on the farm with respect to crops for which there is
a production adjustment program.
[(b) Notwithstanding sections 1211 and 1221, the Secretary,
by appropriate regulation, may provide for preservation of
cropland base and allotment history applicable to acreage
converted from the production of agricultural commodities under
this section, for the purpose of any Federal program under
which the history is used as a basis for participation in the
program or for an allotment or other limitation in the program,
unless the owner and operator agree under the contract to
retire permanently that cropland base and allotment history.
[(c) The Secretary shall offer the owner or operator of a
farm or ranch an opportunity to extend the preservation of
cropland base and allotment history pursuant to subsection (b)
for such time as the Secretary determines to be appropriate
after the expiration date of a contract under this subchapter
at the request of such owner or operator. In return for such
extension, the owner or operator shall agree to continue to
abide by the terms and conditions of the original contract,
except that--
[(1) such owner or operator shall receive no
additional cost share, annual rental, or bonus payment;
and
[(2) the Secretary may permit, subject to such terms
and conditions as the Secretary may impose, haying and
grazing of acreage subject to such agreement, except
during any consecutive 5 month period that is
established by the State committee. Each 5 month period
shall be established during the period beginning April
1 and ending October 31 of a year. In the case of a
natural disaster, the Secretary may permit unlimited
haying and grazing on such acreage.
[(d) In addition to any other remedy prescribed by law, the
Secretary may reduce or terminate the amount of cropland base
and allotment history preserved pursuant to subsection (c) for
acreage with respect to which a violation of a term or
condition occurs.]
Subchapter C--Wetlands Reserve Program
SEC. 1237. WETLANDS RESERVE PROGRAM.
(a) * * *
(b) Enrollment Conditions.--
[(1) Maximum enrollment.--The total number of acres
enrolled in the wetlands reserve program shall not
exceed 975,000 acres.
[(2) Methods of enrollment.--
[(A) In general.--Subject to subparagraph
(B), effective beginning October 1, 1996, to
the maximum extent practicable, the Secretary
shall enroll into the wetlands reserve
program--
[(i) \1/3\ of the acres through the
use of permanent easements;
[(ii) \1/3\ of the acres through the
use of 30-year easements; and
[(iii) \1/3\ of the acres through the
use of restoration cost-share
agreements.
[(B) Temporary easements.--Effective
beginning October 1, 1996, the Secretary shall
not enroll acres in the wetlands reserve
program through the use of new permanent
easements until the Secretary has enrolled at
least 75,000 acres in the program through the
use of temporary easements.
[(C) For purposes of subparagraph (A), to the
maximum extent practicable should be
interpreted to mean that acceptance of wetlands
reserve program bids may be in proportion to
landowner interest expressed in program
options.
[(c) Eligibility.--For purposes of enrolling land in the
wetland reserve established under this subchapter during the
1991 through 2002 calendar years, land shall be eligible to be
placed into such reserve if the Secretary, in consultation with
the Secretary of the Interior at the local level, determines
that--
[(1) such land maximizes wildlife benefits and
wetland values and functions;
[(2) such land is farmed wetland or converted
wetland, together with adjacent lands that are
functionally dependent on such wetlands, except that
converted wetlands where the conversion was not
commenced prior to December 23, 1985, shall not be
eligible to be enrolled in the program under this
section; and
[(3) the likelihood of the successful restoration of
such land and the resultant wetland values merit
inclusion of such land in the program taking into
consideration the cost of such restoration.
[(d) Other Eligible Land.--The Secretary may include in the
wetland reserve established under this subchapter, together
with land that is eligible under subsection (c), land that
maximizes wildlife benefits and that is--
[(1) farmed wetland and adjoining lands, enrolled in
the conservation reserve, with the highest wetland
functions and values, and that are likely to return to
production after they leave the conservation reserve;
[(2) other wetland of an owner that would not
otherwise be eligible if the Secretary determines that
the inclusion of such wetland in such easement would
significantly add to the functional value of the
easement; or
[(3) riparian areas that link wetlands that are
protected by easements or some other device or
circumstance that achieves the same purpose as an
easement.
[(e) Ineligible Land.--The Secretary may not acquire
easements on--
[(1) land that contains timber stands established
under the conservation reserve under subchapter B; or
[(2) pasture land established to trees under the
conservation reserve under subchapter B.]
(1) Annual enrollment.--In addition to any acres
enrolled in the wetlands reserve program as of the end
of a calendar year, the Secretary may in the succeeding
calendar year enroll in the program a number of
additional acres equal to--
(A) if the succeeding calendar year is
calendar year 2002, 150,000;
(B) if the succeeding calendar year is a
calendar year after calendar year 2002--
(i) 150,000; plus
(ii) the amount (if any) by which
150,000, multiplied by the number of
calendar years in the period that
begins with calendar year 2002 and ends
with the calendar year preceding such
succeeding calendar year, exceeds the
total number of acres added to the
reserve during the period.
(2) Methods of enrollment.--The Secretary shall
enroll acreage into the wetlands reserve program
through the use of easements, restoration cost share
agreements, or both.
(c) Priority.--For purposes of enrolling acreage in the
wetlands reserve program, the Secretary shall give priority to
land that maximizes wetland functions and values.
(d) Ineligible Land.--The Secretary may not acquire an
easement under this chapter on land which is--
(1) enrolled in the conservation reserve program
established under subchapter B; or
(2) subject to a contract under the environmental
quality incentives program established by chapter 4.
[(f)] (e) Termination of existing contract.--The Secretary
may terminate or modify an existing contract entered into under
section 1231(a) if eligible land that is subject to such
contract is transferred into the program established by this
subchapter.
[(g) Easements.--The Secretary shall enroll lands in the
wetland reserve through the purchase of easements as provided
for in section 1237A.]
SEC. 1237A. EASEMENTS AND AGREEMENTS.
(a) * * *
(b) Terms of Easement.--An owner granting an easement under
subsection (a) shall be required to provide for the restoration
and protection of the functional values of wetland pursuant to
a wetland easement conservation plan that--
(1) * * *
[(2) prohibits--
[(A) the alteration of wildlife habitat and
other natural features of such land, unless
specifically permitted by the plan;
[(B) the spraying of such land with chemicals
or the mowing of such land, except where such
spraying or mowing is permitted by the plan or
is necessary--
[(i) to comply with Federal or State
noxious weed control laws; or
[(ii) to comply with a Federal or
State emergency pest treatment program;
and
[(C) any activities to be carried out on such
participating landowner's or successor's land
that is immediately adjacent to, and
functionally related to, the land that is
subject to the easement if such activities will
alter, degrade, or otherwise diminish the
functional value of the eligible land; and
[(D) the adoption of any other practice that
would tend to defeat the purposes of this
subchapter, as determined by the Secretary;]
(2) prohibits the alteration of wildlife habitat and
other natural features of such land, unless
specifically permitted by the plan;
* * * * * * *
[(c) Restoration Plans.--The development of a restoration
plan, including any compatible use, under this section shall be
made through the local Natural Resources Conservation Service
representative, in consultation with the State technical
committee.]
[(d)] (c) Compatible Uses.--Wetland reserve program lands may
be used for compatible economic uses, including such activities
as hunting and fishing, managed timber harvest, or periodic
haying or grazing, if such use is specifically permitted by the
plan and consistent with the long-term protection and
enhancement of the wetlands resources for which the easement
was established.
[(e)] (d) Type and Length of Easement.--A conservation
easement granted under this section--
(1) shall be in a recordable form; and
[(2) shall be for 30 years, permanent, or the maximum
duration allowed under applicable State laws.]
(2) shall be consistent with applicable State law.
[(f)] (e) Compensation.--Compensation for easements acquired
by the Secretary under this subchapter shall be made in cash in
such amount as is agreed to and specified in the easement
agreement, but not to exceed the fair market value of the land
less the fair market value of such land encumbered by the
easement. Lands may be enrolled through the submission of bids
under a procedure established by the Secretary. Compensation
may be provided in not less than 5, nor more than 30, annual
payments of equal or unequal size, as agreed to by the owner
and the Secretary.
[(g)] (f) Violation.--On the violation of the terms or
conditions of the easement or related agreement entered into
under subsection (a), the easement shall remain in force and
the Secretary may require the owner to refund all or part of
any payments received by the owner under this subchapter,
together with interest thereon as determined appropriate by the
Secretary.
[(h) Restoration Cost-Share Agreements.--The Secretary may
enroll land into the wetlands reserve program through an
agreement that requires the landowner to restore wetlands on
the land, if the agreement does not provide the Secretary with
an easement.]
* * * * * * *
SEC. 1237C. DUTIES OF THE SECRETARY.
(a) In General.--In return for the granting of an easement by
an owner under this subchapter, the Secretary [shall--
[(1)] shall share the cost of carrying out the
establishment of conservation measures and practices,
and the protection of the wetland functions and values,
as set forth in the plan to the extent that the
Secretary determines that cost sharing is appropriate
and in the public [interest; and
[(2) provide necessary technical assistance to assist
owners in complying with the terms and conditions of
the easement and the plan.] interest.
(b) Cost-Share [and Technical Assistance].--
(1) * * *
* * * * * * *
[(3) Technical assistance.--The Secretary shall
provide owners with technical assistance to assist
owners in complying with the terms of easements and
restoration cost-share agreements.]
(2) Technical assistance.--A producer who is
participating in the program under this subtitle shall
be eligible to receive technical assistance in
accordance with section 1243(d) to assist the producer
in complying with the terms of easements and
restoration cost share agreements under this
subchapter.
* * * * * * *
[(d) Easement Priority.--In carrying out this subchapter, to
the extent practicable, taking into consideration costs and
future agricultural and food needs, the Secretary shall give
priority to obtaining permanent conservation easements before
shorter term conservation easements and, in consultation with
the Secretary of the Interior, shall place priority on
acquiring easements based on the value of the easement for
protecting and enhancing habitat for migratory birds and other
wildlife.]
SEC. 1237D. PAYMENTS.
(a) * * *
* * * * * * *
(c) Payment Limitation.--
(1) In general.--The total amount of [easement
payments] payments made to a person under this
subchapter for any year may not exceed $50,000, except
such limitation shall not apply with respect to
payments for perpetual or 30-year easements.
* * * * * * *
[(3) Other payments.--Easement payments received by
an owner shall be in addition to, and not affect, the
total amount of payments that such owner is otherwise
eligible to receive under this Act, the Food,
Agriculture, Conservation, and Trade Act of 1990, or
the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).]
* * * * * * *
SEC. 1237E. CHANGES IN OWNERSHIP; AGREEMENT MODIFICATION; TERMINATION.
(a) Limitations.--No easement shall be created under this
subchapter on land that has changed ownership in the preceding
12 months unless--
(1) * * *
[(2) the new ownership was acquired before January 1,
1990; or]
(2) the ownership change occurred due to foreclosure
on the land and the owner of the land immediately
before the foreclosure exercises a right of redemption
from the mortgage holder in accordance with State law,
or
* * * * * * *
Subchapter D--Grassland Reserve Program
SEC. 1238. GRASSLAND RESERVE PROGRAM.
(a) Establishment.--The Secretary, acting through the Farm
Service Agency, shall establish a grassland reserve program
(referred to in this subchapter as the ``program'') to assist
owners in restoring and conserving eligible land described in
subsection (c).
(b) Enrollment Conditions.--
(1) Maximum enrollment.--The total number of acres
enrolled in the program shall not exceed 2,000,000
acres, not more than 1,000,000 of which shall be
restored grassland, and not more than 1,000,000 of
which shall be virgin (never cultivated) grassland.
(2) Methods of enrollment.--The Secretary shall
enroll in the program for a willing owner not less than
100 contiguous acres of land west of the 90th meridian
or not less than 50 contiguous acres of land east of
the 90th meridian through 10-year, 15-year, or 20-year
contracts.
(c) Eligible Land.--Land shall be eligible to be enrolled in
the program if the Secretary determines that--
(1) the land is natural grass or shrubland; or
(2) the land--
(A) is located in an area that has been
historically dominated by natural grass or
shrubland; and
(B) has potential to serve as habitat for
animal or plant populations of significant
ecological value if the land is restored to
natural grass or shrubland.
SEC. 1238A. CONTRACTS AND AGREEMENTS.
(a) Requirements of Landowner.--To be eligible to enroll land
in the program, the owner of the land shall--
(1) agree to comply with the terms of the contract
and related restoration agreements; and
(2) agree to the suspension of any existing cropland
base and allotment history for the land under any
program administered by the Secretary.
(b) Terms of Contract.--A contract under subsection (a)
shall--
(1) permit--
(A) common grazing practices on the land in a
manner that is consistent with maintaining the
viability of natural grass and shrub species
indigenous to that locality;
(B) haying, mowing, or haying for seed
production, except that such uses shall not be
permitted until after the end of the nesting
season for birds in the local area which are in
significant decline or are conserved pursuant
to State or Federal law, as determined by the
Natural Resources Conservation Service State
conservationist; and
(C) construction of fire breaks and fences,
including placement of the posts necessary for
fences;
(2) prohibit--
(A) the production of any agricultural
commodity (other than hay); and
(B) unless allowed under subsection (d), the
conduct of any other activity that would
disturb the surface of the land covered by the
contract; and
(3) include such additional provisions as the
Secretary determines are appropriate to carry out or
facilitate the administration of this subchapter.
(c) Ranking Contract Applications.--
(1) Establishment of criteria.--The Secretary shall
establish criteria to evaluate and rank applications
for contracts under this subchapter.
(2) Emphasis.--In establishing the criteria, the
Secretary shall emphasize support for native grass and
shrubland, grazing operations, and plant and animal
biodiversity.
(d) Restoration Agreements.--The Secretary shall prescribe
the terms by which grassland that is subject to a contract
under the program shall be restored. The agreement shall
include duties of the land owner and the Secretary, including
the Federal share of restoration payments and technical
assistance.
(e) Violations.--On the violation of the terms or conditions
of a contract or restoration agreement entered into under this
section--
(1) the contract shall remain in force; and
(2) the Secretary may require the owner to refund all
or part of any payments received by the owner under
this subchapter, with interest on the payments as
determined appropriate by the Secretary.
SEC. 1238B. DUTIES OF SECRETARY.
(a) In General.--In return for the granting of a contract by
an owner under this subchapter, the Secretary shall make
contract payments and payments of the Federal share of
restoration and provide technical assistance to the owner in
accordance with this section.
(b) Contract Payments.--In return for the granting of
contract by an owner under this subchapter, the Secretary shall
make annual contract payments to the owner in an amount that is
not more than 75 percent of the grazing value of the land.
(c) Federal Share of Restoration.--The Secretary shall make
payments to the owner of not more than--
(1) in the case of virgin (never cultivated)
grassland, 90 percent of the costs of carrying out
measures and practices necessary to restore grassland
functions and values; or
(2) in the case of restored grassland, 75 percent of
such costs.
(d) Technical Assistance.--A landowner who is receiving a
benefit under this subchapter shall be eligible to receive
technical assistance in accordance with section 1243(d) to
assist the owner or operator in carrying out a contract entered
into under this subchapter.
(e) Payments to Others.--If an owner who is entitled to a
payment under this subchapter dies, becomes incompetent, is
otherwise unable to receive the payment, or is succeeded by
another person who renders or completes the required
performance, the Secretary shall make the payment, in
accordance with regulations promulgated by the Secretary and
without regard to any other provision of law, in such manner as
the Secretary determines is fair and reasonable in light of all
the circumstances.
CHAPTER 2--FARMLAND STEWARDSHIP PROGRAM
SEC. 1239. DEFINITIONS.
In this chapter:
(1) Agreement.--The terms ``farmland stewardship
agreement'' and ``agreement'' mean a stewardship
contract authorized by this chapter.
(2) Contracting agency.--The term ``contracting
agency'' means a local conservation district, resource
conservation and development council, local office of
the Department of Agriculture, other participating
government agency, or other nongovernmental
organization that is designated by the Secretary to
enter into farmland stewardship agreements on behalf of
the Secretary.
(3) Eligible agricultural lands.--The term ``eligible
agricultural lands'' means private lands that are in
primarily native or natural condition or are classified
as cropland, pastureland, grazing lands, timberlands,
or other lands as specified by the Secretary that--
(A) contain wildlife habitat, wetlands, or
other natural resources; or
(B) provide benefits to the public at large,
such as--
(i) conservation of soil, water, and
related resources;
(ii) water quality protection or
improvement;
(iii) control of invasive and exotic
species;
(iv) wetland restoration, protection,
and creation; and
(v) wildlife habitat development and
protection;
(vi) preservation of open spaces, or
prime, unique, or other productive farm
lands; and
(vii) and other similar conservation
purposes.
(4) Farmland stewardship program; program.--The terms
``Farmland Stewardship Program'' and ``Program'' mean
the conservation program of the Department of
Agriculture established by this chapter.
SEC. 1239A. ESTABLISHMENT AND PURPOSE OF PROGRAM.
(a) Establishment.--The Secretary shall establish a
conservation program of the Department of Agriculture, to be
known as the Farmland Stewardship Program, that is designed to
more precisely tailor and target existing conservation programs
to the specific conservation needs and opportunities presented
by individual parcels of eligible agricultural lands.
(b) Relation to Other Conservation Programs.--Under the
Farmland Stewardship Program, the Secretary may implement, or
combine together, the features of--
(1) the Wetlands Reserve Program;
(2) the Wildlife Habitat Incentives Program;
(3) the Forest Land Enhancement Program;
(4) the Farmland Protection Program; or
(5) other conservation programs administered by other
Federal agencies and State and local government
entities, where feasible and with the consent of the
administering agency or government.
(c) Funding Sources.--
(1) In general.--The Farmland Stewardship Program and
agreements under the Program shall be funded by the
Secretary using--
(A) the funding authorities of the
conservation programs that are implemented in
whole, or in part, through the use of
agreements or easements; and
(B) such funds as are provided to carry out
the programs specified in paragraphs (1)
through (4) of subsection (b).
(2) Cost-sharing.--It shall be a requirement of the
Farmland Stewardship Program that the majority of the
funds to carry out the Program must come from other
existing conservation programs, which may be Federal,
State, regional, local, or private, that are combined
into and made a part of an agreement, or from matching
funding contributions made by State, regional, or local
agencies and divisions of government or from private
funding sources.
(d) Personnel Costs.--The Secretary may use the Natural
Resources Conservation Service to carry out the Farmland
Stewardship Program.
(e) Technical Assistance.--An owner or operator who is
receiving a benefit under this chapter shall be eligible to
receive technical assistance in accordance with section 1243(d)
to assist the owner or operator in carrying out a contract
entered into under this chapter.
SEC. 1239B. USE OF FARMLAND STEWARDSHIP AGREEMENTS.
(a) Agreements Authorized.--The Secretary shall carry out the
Farmland Stewardship Program by entering into stewardship
contracts as determined by the Secretary, to be known as
farmland stewardship agreements, with the owners or operators
of eligible agricultural lands to maintain and protect for the
natural and agricultural resources on the lands.
(b) Basic Purposes.--An agreement with the owner or operator
of eligible agricultural lands shall be used--
(1) to negotiate a mutually agreeable set of
guidelines, practices, and procedures under which
conservation practices will be provided by the owner or
operator to protect, maintain, and, where possible,
improve, the natural resources on the lands covered by
the agreement in return for annual payments to the
owner or operator;
(2) to implement a conservation program or series of
programs where there is no such program or to implement
conservation management activities where there is no
such activity; and
(3) to expand conservation practices and resource
management activities to a property where it is not
possible at the present time to negotiate or reach
agreement on a public purchase of a fee-simple or less-
than-fee interest in the property for conservation
purposes.
(c) Modification of Other Conservation Program Elements.--If
most, but not all, of the limitations, conditions, and
requirements of a conservation program that is implemented in
whole, or in part, through the Farmland Stewardship Program are
met with respect to a parcel of eligible agricultural lands,
and the purposes to be achieved by the agreement to be entered
into for such lands are consistent with the purposes of the
conservation program, then the Secretary may waive any
remaining limitations, conditions, or requirements of the
conservation program that would otherwise prohibit or limit the
agreement.
(d) State and Local Conservation Priorities.--To the maximum
extent practicable, agreements shall address the conservation
priorities established by the State and locality in which the
eligible agricultural lands are located.
(e) Watershed Enhancement.--To the extent practicable, the
Secretary shall encourage the development of Farmland
Stewardship Program applications on a watershed basis.
SEC. 1239C. PARTNERSHIP APPROACH TO PROGRAM.
(a) Authority of Secretary Exercised Through Partnerships.--
The Secretary may administer agreements under the Farmland
Stewardship Program in partnership with other Federal, State,
and local agencies whose programs are incorporated into the
Program under section 1239A.
(b) Designation and Use of Contracting Agencies.--Subject to
subsection (c), the Secretary may authorize a local
conservation district, resource conservation & development
district, nonprofit organization, or local office of the
Department of Agriculture or other participating government
agency to enter into and administer agreements under the
Program as a contracting agency on behalf of the Secretary.
(c) Conditions on Designation.--The Secretary may designate
an eligible district or office as a contracting agency under
subsection (b) only if the district of office--
(1) submits a written request for such designation to
the Secretary;
(2) affirms that it is willing to follow all
guidelines for executing and administering an
agreement, as promulgated by the Secretary;
(3) demonstrates to the satisfaction of the Secretary
that it has established working relationships with
owners and operators of eligible agricultural lands,
and based on the history of these working
relationships, demonstrates that it has the ability to
work with owners and operators of eligible agricultural
lands in a cooperative manner;
(4) affirms its responsibility for preparing all
documentation for the agreement, negotiating its terms
with an owner or operator, monitoring compliance,
making annual reports to the Secretary, and
administering the agreement throughout its full term;
and
(5) demonstrates to the satisfaction of the Secretary
that it has or will have the necessary staff resources
and expertise to carry out its responsibilities under
paragraphs (3) and (4).
SEC. 1239D. PARTICIPATION OF OWNERS AND OPERATORS OF ELIGIBLE
AGRICULTURAL LANDS.
(a) Application and Approval Process.--To participate in the
Farmland Stewardship Program, an owner or operator of eligible
agricultural lands shall--
(1) submit to the Secretary an application indicating
interest in the Program and describing the owner's or
operator's property, its resources, and their
ecological and agricultural values;
(2) submit to the Secretary a list of services to be
provided, a management plan to be implemented, or both,
under the proposed agreement;
(3) if the application and list are accepted by the
Secretary, enter into an agreement that details the
services to be provided, management plan to be
implemented, or both, and requires compliance with the
other terms of the agreement.
(b) Application on Behalf of an Owner or Operator.--A
designated contracting agency may submit the application
required by subsection (a) on behalf of an owner or operator by
if the contracting agency has secured the consent of the owner
or operator to enter into an agreement.
[CHAPTER 3--ENVIRONMENTAL EASEMENT PROGRAM
[SEC. 1239. ENVIRONMENTAL EASEMENT PROGRAM.
[(a) Establishment.--The Secretary shall, during the 1991
through 1995 calendar years, formulate and carry out an
environmental easement program (hereafter in this chapter
referred to as the ``easement program'') in accordance with
this chapter, through the acquisition of permanent easements or
easements for the maximum term permitted under applicable State
law from willing owners of eligible farms or ranches in order
to ensure the continued long-term protection of environmentally
sensitive lands or reduction in the degradation of water
quality on such farms or ranches through the continued
conservation and improvement of soil and water resources.
[(b) Eligibility; Termination.--
[(1) In general.--The Secretary may acquire easements
under this section on land placed in the conservation
reserve under this subtitle (other than such land that
is likely to continue to remain out of production and
that does not pose an off-farm environmental threat),
land under the Water Bank Act (16 U.S.C. 1301), or
other cropland that--
[(A) contains riparian corridors;
[(B) is an area of critical habitat for
wildlife, especially threatened or endangered
species; or
[(C) contains other environmentally sensitive
areas, as determined by the Secretary, that
would prevent a producer from complying with
other Federal, State, or local environmental
goals if commodities were to be produced on
such land.
[(2) Ineligible land.--The Secretary may not acquire
easements on--
[(A) land that contains timber stands
established under the conservation reserve
under subtitle D; or
[(B) pasture land established to trees under
the conservation reserve under subtitle D.
[(3) Termination of existing contract.--The Secretary
may terminate or modify any existing contract entered
into under section 1231(a) if eligible land that is
subject to such contract is transferred into the
program established by this chapter.
[SEC. 1239A. DUTIES OF OWNERS; COMPONENTS OF PLAN.
[(a) Duties of Owners.--
[(1) Plan.--In conjunction with the creation of an
easement on any lands under this chapter, the owner of
the farm or ranch wherein such lands are located must
agree to implement a natural resource conservation
management plan under subsection (b) approved by the
Secretary in consultation with the Secretary of the
Interior.
[(2) Agreement.--In return for the creation of an
easement on any lands under this chapter, the owner of
the farm or ranch wherein such lands are located must
agree to the following:
[(A) To the creation and recordation of an
appropriate deed restriction in accordance with
applicable State law to reflect the easement
agreed to under this chapter with respect to
such lands.
[(B) To provide a written statement of
consent to such easement signed by those
holding a security interest in the land.
[(C) To comply with such additional
provisions as the Secretary determines are
desirable and are included in the easement to
carry out this chapter or to facilitate the
practical administration thereof.
[(D) To specify the location of any timber
harvesting on land subject to the easement.
Harvesting and commercial sales of Christmas
trees and nuts shall be prohibited on such
land, except that no such easement or related
agreement shall prohibit activities consistent
with customary forestry practices, such as
pruning, thinning, or tree stand improvement on
lands converted to forestry uses.
[(E) To limit the production of any
agricultural commodity on such lands only to
production for the benefit of wildlife.
[(F) Not to conduct any harvesting or
grazing, nor otherwise make commercial use of
the forage, on land that is subject to the
easement unless specifically provided for in
the easement or related agreement.
[(G) Not to adopt any other practice that
would tend to defeat the purposes of this
chapter, as determined by the Secretary.
[(3) Violation.--On the violation of the terms or
conditions of the easement or related agreement entered
into under this section, the easement shall remain in
force and the Secretary may require the owner to refund
all or part of any payments received by the owner under
this chapter, together with interest thereon as
determined appropriate by the Secretary.
[(b) Components of Plan.--The natural resource conservation
management plan referred to in subsection (a)(1) (hereafter
referred to as the ``plan'')--
[(1) shall set forth--
[(A) the conservation measures and practices
to be carried out by the owner of the land
subject to the easement; and
[(B) the commercial use, if any, to be
permitted on such land during the term of the
easement; and
[(2) shall provide for the permanent retirement of
any existing cropland base and allotment history for
such land under any program administered by the
Secretary.
[SEC. 1239B. DUTIES OF THE SECRETARY.
[In return for the granting of an easement by an owner under
this chapter, the Secretary shall--
[(1) share the cost of carrying out the establishment
of conservation measures and practices set forth in the
plan for which the Secretary determines that cost
sharing is appropriate and in the public interest;
[(2) pay for a period not to exceed 10 years annual
easement payments in the aggregate not to exceed the
lesser of--
[(A) $250,000; or
[(B) the difference in the value of the land
with and without an easement;
[(3) provide necessary technical assistance to assist
owners in complying with the terms and conditions of
the easement and the plan; and
[(4) permit the land to be used for wildlife
activities, including hunting and fishing, if such use
is permitted by the owner.
[SEC. 1239C. PAYMENTS.
[(a) Time of Payment.--The Secretary shall provide payment
for obligations incurred by the Secretary under this chapter--
[(1) with respect to any cost sharing obligation as
soon as possible after the obligation is incurred; and
[(2) with respect to any annual easement payment
obligation incurred by the Secretary as soon as
possible after October 1 of each calendar year.
[(b) Cost Sharing Payments.--In making cost sharing payments
to owners under this chapter, the Secretary may pay up to 100
percent of the cost of establishing conservation measures and
practices pursuant to this chapter.
[(c) Easement Payments; Acceptability of Offers.--
[(1) Determination of amount.--The Secretary shall
determine the amount payable to owners in the form of
easement payments under this chapter, and in making
such determination may consider, among other things,
the amount necessary to encourage owners to participate
in the easement program.
[(2) Acceptability of offers.--In determining the
acceptability of easement offers, the Secretary may
take into consideration--
[(A) the extent to which the purposes of the
easement program would be achieved on the land;
[(B) the productivity of the land; and
[(C) the on-farm and off-farm environmental
threats if the land is used for the production
of agricultural commodities.
[(d) Form of Payment.--Except as otherwise provided in this
section, payments under this chapter--
[(1) shall be made in cash in such amount and at such
time as is agreed on and specified in the easement or
related agreement; and
[(2) may be made in advance of a determination of
performance.
[(e) Payments to Others.--If an owner who is entitled to a
payment under this chapter dies, becomes incompetent, is
otherwise unable to receive such payment, or is succeeded by
another person who renders or completes the required
performance, the Secretary shall make such payment, in
accordance with regulations prescribed by the Secretary and
without regard to any other provision of law, in such manner as
the Secretary determines is fair and reasonable in light of all
of the circumstances.
[(f) Payment Limitation.--
[(1) In general.--The total amount of easement
payments made to a person under this chapter for any
year may not exceed $50,000.
[(2) Regulations.--The Secretary shall issue
regulations prescribing such rules as the Secretary
determines necessary to ensure a fair and reasonable
application of the limitation contained in this
subsection.
[(3) Other payments.--Easement payments received by
an owner shall be in addition to, and not affect, the
total amount of payments that such owner is otherwise
eligible to receive under this Act, the Food,
Agriculture, Conservation, and Trade Act of 1990, or
the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).
[(4) State environmental enhancement.--The provisions
of this subsection that limit payments to any person,
and section 1305(d) of the Agricultural Reconciliation
Act of 1987 (7 U.S.C. 1308 note), shall not be
applicable to payments received by a State, political
subdivision, or agency thereof in connection with
agreements entered into under an environmental easement
enhancement program carried out by that entity that has
been approved by the Secretary. The Secretary may enter
into such agreements for payments to States, political
subdivisions, or agencies thereof that the Secretary
determines will advance the purposes of this chapter.
[(g) Exemption From Automatic Sequester.--Notwithstanding any
other provision of law, no order issued under section 252 of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended (2 U.S.C. 902) shall affect any payment under this
chapter.
[SEC. 1239D. CHANGES IN OWNERSHIP; MODIFICATION OF EASEMENT.
[(a) Limitations.--No easement shall be created under this
chapter on land that has changed ownership in the preceding 12
months unless--
[(1) the new ownership was acquired by will or
succession as a result of the death of the previous
owner;
[(2) the new ownership was acquired before January 1,
1990; or
[(3) the Secretary determines that the land was
acquired under circumstances that give adequate
assurances that such land was not acquired for the
purposes of placing it in the program established by
this chapter.
[(b) Modification; Termination.--
[(1) Modification.--The Secretary may modify an
easement acquired from, or a related agreement with, an
owner under this chapter if--
[(A) the current owner of the land agrees to
such modification; and
[(B) the Secretary determines that such
modification is desirable--
[(i) to carry out this chapter;
[(ii) to facilitate the practical
administration of this chapter; or
[(iii) to achieve such other goals as
the Secretary determines are
appropriate and consistent with this
chapter.
[(2) Termination.--
[(A) In general.--The Secretary may terminate
an easement created with an owner under this
chapter if--
[(i) the current owner of the land
agrees to such termination; and
[(ii) the Secretary determines that
such termination would be in the public
interest.
[(B) Notice.--At least 90 days before taking
any action to terminate under subparagraph (A)
all easements entered into under this chapter,
the Secretary shall provide written notice of
such action to the Committee on Agriculture of
the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the
Senate.]
CHAPTER 4--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
SEC. 1240. PURPOSES.
The purposes of the environmental quality incentives program
established by this chapter are [to--
[(1) combine into a single program the functions of--
[(A) the agricultural conservation program
authorized by sections 7 and 8 of the Soil
Conservation and Domestic Allotment Act (16
U.S.C. 590g and 590h) (as in effect before the
amendments made by section 336(a)(1) of the
Federal Agriculture Improvement and Reform Act
of 1996);
[(B) the Great Plains conservation program
established under section 16(b) of the Soil
Conservation and Domestic Allotment Act (16
U.S.C. 590p(b)) (as in effect before the
amendment made by section 336(b)(1) of the
Federal Agriculture Improvement and Reform Act
of 1996);
[(C) the water quality incentives program
established under chapter 2 (as in effect
before the amendment made by section 336(h) of
the Federal Agriculture Improvement and Reform
Act of 1996); and
[(D) the Colorado River Basin salinity
control program established under section
202(c) of the Colorado River Basin Salinity
Control Act (43 U.S.C. 1592(c)) (as in effect
before the amendment made by section 336(c)(1)
of the Federal Agriculture Improvement and
Reform Act of 1996); and
[(2) carry out the single program in a manner that
maximizes environmental benefits per dollar expended,
and that provides--] provide--
[(A)] (1) flexible technical and financial assistance
to [farmers and ranchers that face the most serious
threats to] producers to address environmental needs
and provide benefits to air, soil, water, and related
natural resources, including grazing lands, wetlands,
and wildlife habitat;
[(B)] (2) assistance to [farmers and ranchers]
producers in complying with this title and Federal and
State environmental laws, and encourages environmental
enhancement;
[(C)] (3) assistance to [farmers and ranchers]
producers in making beneficial, cost-effective changes
to cropping systems, grazing management, manure,
nutrient, pest, or irrigation management, land uses, or
other measures needed to conserve and improve soil,
water, and related natural resources; and
[(D)] (4) for the consolidation and simplification of
the conservation planning process to reduce
administrative burdens on producers.
SEC. 1240A. DEFINITIONS.
In this chapter:
(1) Eligible land.--The term ``eligible land'' means
agricultural land (including cropland, rangeland,
pasture, non-industrial private forest land, and other
land on which crops or livestock are produced),
including agricultural land that the Secretary
determines [poses a serious threat to soil, water, or
related resources by reason of the soil types, terrain,
climatic, soil, topographic, flood, or saline
characteristics, or other factors or natural hazards.]
provides increased environmental benefits to air, soil,
water, or related resources.
* * * * * * *
(4) Producer.--The term ``producer'' means a person
who is engaged in livestock or agricultural production
(as defined by the Secretary), including non-industrial
private forestry.
(5) Structural practice.--The term ``structural
practice'' means--
(A) the establishment on eligible land of a
site-specific animal waste management facility,
terrace, grassed waterway, contour grass strip,
filterstrip, tailwater pit, [permanent wildlife
habitat,] or other structural practice that the
Secretary determines is needed to protect, in
the most cost-effective manner, water, soil, or
related resources from degradation; and
* * * * * * *
SEC. 1240B. ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL QUALITY
INCENTIVES PROGRAM.
(a) Establishment.--
(1) In general.--During the 1996 through [2002] 2011
fiscal years, the Secretary shall provide [technical
assistance,] cost-share payments, incentive payments,
and education to producers, who enter into contracts
with the Secretary, through an environmental quality
incentives program in accordance with this chapter.
* * * * * * *
(b) Application and Term.--A contract between a producer and
the Secretary under this chapter may--
(1) * * *
(2) have a term of [not less than 5, nor more than
10, years] not less than 1 year, nor more than 10
years, as determined appropriate by the Secretary,
depending on the practice or practices that are the
basis of the contract.
(c) Structural Practices.--
(1) Offer selection process.--The Secretary shall, to
the maximum extent practicable, establish a process for
selecting applications for financial assistance if
there are numerous applications for assistance for
structural practices that would provide substantially
the same level of environmental benefits. The process
shall be based on--
(A) * * *
[(B) the priorities established under this
subtitle and such other factors determined by
the Secretary that maximize environmental
benefits per dollar expended.]
(B) achieving the purposes established under
this subtitle.
* * * * * * *
(e) Cost-Share Payments[, Incentive Payments, and Technical
Assistance].--
(1) Cost-share payments.--
(A) * * *
[(B) Limitation.--A producer who owns or
operates a large confined livestock operation
(as defined by the Secretary) shall not be
eligible for cost-share payments to construct
an animal waste management facility.]
[(C)] (B) Other payments.--A producer shall
not be eligible for cost-share payments for
structural practices on eligible land under
this chapter if the producer receives cost-
share payments or other benefits for the same
land under chapter 1 [or 3].
[(2) Incentive payments.--The Secretary shall make
incentive payments in an amount and at a rate
determined by the Secretary to be necessary to
encourage a producer to perform 1 or more land
management practices.
[(3) Technical assistance.--
[(A) Funding.--The Secretary shall allocate
funding under this chapter for the provision of
technical assistance according to the purpose
and projected cost for which the technical
assistance is provided for a fiscal year. The
allocated amount may vary according to the type
of expertise required, quantity of time
involved, and other factors as determined
appropriate by the Secretary. Funding shall not
exceed the projected cost to the Secretary of
the technical assistance provided for a fiscal
year.
[(B) Other authorities.--The receipt of
technical assistance under this chapter shall
not affect the eligibility of the producer to
receive technical assistance under other
authorities of law available to the Secretary.
[(C) Private sources.--The Secretary shall
ensure that the processes of writing and
developing proposals and plans for contracts
under this chapter, and of assisting in the
implementation of structural practices and land
management practices covered by the contracts,
are open to individuals in agribusiness,
including agricultural producers,
representatives from agricultural cooperatives,
agricultural input retail dealers, and
certified crop advisers. The requirements of
this subparagraph shall also apply to any other
conservation program of the Department of
Agriculture that provides incentive payments,
technical assistance, or cost-share payments.]
(2) Technical assistance.--A producer who is
participating in the program under this subtitle shall
be eligible to receive technical assistance in
accordance with section 1243(d) to assist the producer
in writing and developing proposals and plans for
contracts under this chapter, and in the implementation
of structural practices and land management practices
covered by such contracts.
(f) Farmland Conservation Incentive Payments.--
(1) In general.--The Secretary may make incentive
payments in an amount and at a rate determined by the
Secretary to be necessary to encourage a producer to
perform multiple land management practices and to
promote the enhancement of soil, water, air, and
related resources.
(2) Special rule.--In determining the amount and rate
of incentive payments, the Secretary may accord great
weight to those practices that include residue,
nutrient, pest, invasive species, and air quality
management.
[(f)] (g) Modification or Termination of Contracts.--
(1) * * *
* * * * * * *
SEC. 1240C. EVALUATION OF OFFERS AND PAYMENTS.
In providing technical assistance, cost-share payments, and
incentive payments to producers, the Secretary shall accord a
higher priority to assistance and payments that--
[(1) are provided in conservation priority areas
established under section 1230(c);
[(2) maximize environmental benefits per dollar
expended; or
[(3) are provided in watersheds, regions, or
conservation priority areas in which State or local
governments have provided, or will provide, financial
or technical assistance to producers for the same
conservation or environmental purposes.]
(1) aid producers in complying with this title and
Federal and State environmental laws, and encourage
environmental enhancement and conservation; and
(2) maximize the beneficial usage of animal manure
and other similar soil amendments which improve soil
health, tilth, and water-holding capacity.
SEC. 1240D. DUTIES OF PRODUCERS.
To receive technical assistance, cost-share payments, or
incentive payments under this chapter, a producer shall agree--
(1) * * *
[(2) not to conduct any practices on the farm or
ranch that would tend to defeat the purposes of this
chapter;]
[(3)] (2) on the violation of a term or condition of
the contract at any time the producer has control of
the land, to refund any cost-share or incentive payment
received with interest, and forfeit any future payments
under this chapter, as determined by the Secretary;
[(4)] (3) on the transfer of the right and interest
of the producer in land subject to the contract, unless
the transferee of the right and interest agrees with
the Secretary to assume all obligations of the
contract, to refund all cost-share payments and
incentive payments received under this chapter, as
determined by the Secretary;
[(5)] (4) to supply information as required by the
Secretary to determine compliance with the
environmental quality incentives program plan and
requirements of the program; and
[(6)] (5) to comply with such additional provisions
as the Secretary determines are necessary to carry out
the environmental quality incentives program plan.
SEC. 1240E. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
(a) In General.--To be eligible to enter into a contract
under the environmental quality incentives program, an owner or
producer of a livestock or agricultural operation must submit
to the Secretary for approval a plan of operations [that
incorporates such conservation practices, and is based on such
principles, as the Secretary considers necessary to carry out
the program, including a description of structural practices
and land management practices to be implemented and the
objectives to be met by the plan's implementation.] that
provides or will continue to provide increased environmental
benefits to air, soil, water, or related resources.
* * * * * * *
SEC. 1240F. DUTIES OF THE SECRETARY.
To the extent appropriate, the Secretary shall assist a
producer in achieving the conservation and environmental goals
of an environmental quality incentives program plan by--
(1) * * *
[(2) providing technical assistance in developing and
implementing the plan;
[(3) providing technical assistance, cost-share
payments, or incentive payments for developing and
implementing 1 or more structural practices or 1 or
more land management practices, as appropriate;]
[(4)] (2) providing the producer with information,
education, and training to aid in implementation of the
plan; and
[(5)] (3) encouraging the producer to obtain
technical assistance, cost-share payments, or grants
from other Federal, State, local, or private sources.
SEC. 1240G. LIMITATION ON PAYMENTS.
(a) In General.--The total amount of cost-share and incentive
payments paid to a producer under this chapter may not exceed--
(1) [$10,000] $50,000 for any fiscal year; or
(2) [$50,000] $200,000 for any multiyear contract.
(b) Exception to Annual Limit.--The Secretary may exceed the
limitation on the annual amount of a payment under subsection
(a)(1) on a case-by-case basis if the Secretary determines that
a larger payment is--
(1) essential to accomplish the land management
practice or structural practice for which the payment
is made; and
(2) consistent with [the maximization of
environmental benefits per dollar expended and] the
purposes of this chapter specified in section 1240.
[(c) Timing of Expenditures.--Expenditures under a contract
entered into under this chapter during a fiscal year may not be
made by the Secretary until the subsequent fiscal year.]
[SEC. 1240H. TEMPORARY ADMINISTRATION OF ENVIRONMENTAL QUALITY
INCENTIVES PROGRAM.
[(a) Interim Administration.--
[(1) In general.--During the period beginning on the
date of enactment of this section and ending on the
termination date provided under paragraph (2), to
ensure that technical assistance, cost-share payments,
and incentive payments continue to be administered in
an orderly manner until such time as assistance can be
provided through final regulations issued to implement
the environmental quality incentives program
established under this chapter, the Secretary shall
continue to--
[(A) provide technical assistance, cost-share
payments, and incentive payments under the
terms and conditions of the agricultural
conservation program, the Great Plains
conservation program, the water quality
incentives program, and the Colorado River
Basin salinity control program, to the extent
the terms and conditions of the program are
consistent with the environmental quality
incentives program; and
[(B) use for those purposes--
[(i) any funds remaining available
for the agricultural conservation
program, the Great Plains conservation
program, the water quality incentives
program, and the Colorado River Basin
salinity control program; and
[(ii) as the Secretary determines to
be necessary, any funds authorized to
be used to carry out the environmental
quality incentives program.
[(2) Termination of authority.--The authority of the
Secretary to carry out paragraph (1) shall terminate on
the date that is 180 days after the date of enactment
of this section.
[(b) Permanent Administration.--Effective beginning on the
termination date provided under subsection (a)(2), the
Secretary shall provide technical assistance, cost-share
payments, and incentive payments for structural practices and
land management practices related to crop and livestock
production in accordance with final regulations issued to carry
out the environmental quality incentives program.]
SEC. 1240H. GROUNDWATER CONSERVATION.
The Secretary shall use $60,000,000 of the funds of the
Commodity Credit Corporation in each of fiscal years 2002
through 2011 to provide cost-share payments and low-interest
loans to encourage groundwater conservation, including
irrigation system improvement, and to provide incentive
payments for capping wells, reducing use of water for
irrigation, and switching from irrigation to dryland farming.
[CHAPTER 5--CONSERVATION FARM OPTION
[SEC. 1240M. CONSERVATION FARM OPTION.
[(a) In General.--The Secretary shall establish conservation
farm option pilot programs for producers of wheat, feed grains,
cotton, and rice.
[(b) Eligible Owners and Producers.--An owner or producer
with a farm that has contract acreage enrolled in the
agricultural market transition program established under the
Agricultural Market Transition Act shall be eligible to
participate in the conservation farm option offered under a
pilot program under subsection (a) if the owner or producer
meets the conditions established under section (e).
[(c) Purposes.--The purposes of the conservation farm option
pilot programs shall include--
[(1) conservation of soil, water, and related
resources;
[(2) water quality protection or improvement;
[(3) wetland restoration, protection, and creation;
[(4) wildlife habitat development and protection; or
[(5) other similar conservation purposes.
[(d) Conservation Farm Plan.--
[(1) In general.--To be eligible to enter into a
conservation farm option contract, an owner or producer
must prepare and submit to the Secretary, for approval,
a conservation farm plan that shall become a part of
the conservation farm option contract.
[(2) Requirements.--A conservation farm plan shall--
[(A) describe the resource-conserving crop
rotations, and all other conservation
practices, to be implemented and maintained on
the acreage that is subject to contract during
the contract period;
[(B) contain a schedule for the
implementation and maintenance of the practices
described in the conservation farm plan;
[(C) comply with highly erodible land and
wetland conservation requirements of this
title; and
[(D) contain such other terms as the
Secretary may require.
[(e) Contracts.--
[(1) In general.--On approval of a conservation farm
plan, the Secretary may enter into a contract with the
owner or producer that specifies the acres being
enrolled and the practices being adopted.
[(2) Duration of contract.--The contract shall be for
a period of 10 years. The contract may be renewed for a
period of not to exceed 5 years on mutual agreement of
the Secretary and the owner or producer.
[(3) Consideration.--In exchange for payments under
this subsection, the owner or producer shall not
participate in and shall forgo payments under--
[(A) the conservation reserve program
established under subchapter B of chapter 1;
[(B) the wetlands reserve program established
under subchapter C of chapter 1; and
[(C) the environmental quality incentives
program established under chapter 4.
[(4) Owner or producer responsibilities under the
agreement.--Under the terms of the contract entered
into under this section, an owner or producer shall
agree to--
[(A) actively comply with the terms and
conditions of the approved conservation farm
plan;
[(B) keep such records as the Secretary may
reasonably require for purposes of evaluation
of the implementation of the conservation farm
plan; and
[(C) not engage in any activity that would
defeat the purposes of the conservation farm
option pilot program.
[(5) Payments.--The Secretary shall offer an owner or
producer annual payments under the contract that are
equivalent to the payments the owner or producer would
have received under the conservation reserve program,
the wetlands reserve program, and the environmental
quality incentives program.
[(6) Balance of benefits.--The Secretary shall not
permit an owner or producer to terminate a conservation
reserve program contract and enter a conservation farm
option contract if the Secretary determines that such
action will reduce net environmental benefits.
[(f) Secretarial Determinations.--
[(1) Acreage estimates.--Prior to each year during
which the Secretary intends to offer conservation
reserve program contracts, the Secretary shall estimate
the number of acres that--
[(A) will be retired under the conservation
farm option under the terms and conditions the
Secretary intends to offer for that program;
and
[(B) would be retired under the conservation
reserve program if the conservation farm option
were not available.
[(2) Total land retirement.--The Secretary shall
announce a number of acres to be enrolled in the
conservation reserve program that will result in a
total number of acres retired under the conservation
reserve program and the conservation farm option that
does not exceed the amount estimated under paragraph
(1)(B) for the current or future years.
[(3) Limitation.--The Secretary shall not enroll
additional conservation reserve program contracts to
offset the land retired under the conservation farm
option.
[(g) Commodity Credit Corporation.--The Secretary shall use
the funds, authorities, and facilities of the Commodity Credit
Corporation to carry out this subsection.
[(h) Funding.--Of the funds of the Commodity Credit
Corporation, the Corporation shall make available to carry out
this section--
[(1) $7,500,000 for fiscal year 1997;
[(2) $15,000,000 for fiscal year 1998;
[(3) $25,000,000 for fiscal year 1999;
[(4) $37,500,000 for fiscal year 2000;
[(5) $50,000,000 for fiscal year 2001; and
[(6) $62,500,000 for fiscal year 2002.]
Subtitle E--Funding and Administration
SEC. 1241. FUNDING.
(a) Mandatory Expenses.--For each of fiscal years 1996
through [2002] 2011, the Secretary shall use the funds of the
Commodity Credit Corporation to carry out the programs
authorized by--
(1) * * *
* * * * * * *
(b) Environmental Quality Incentives Program.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available
[$130,000,000 for fiscal year 1996, and $200,000,000
for each of fiscal years 1997 through 2002]
$200,000,000 for fiscal year 2001, and $1,200,000,000
for each of fiscal years 2002 through 2011, for
providing [technical assistance,] cost-share payments,
incentive payments, and education under the
environmental quality incentives program under chapter
4 of subtitle D.
(2) Livestock production.--For each of fiscal years
1996 through [2002] 2011, 50 percent of the funding
available for [technical assistance, cost-share
payments, incentive payments, and education] cost-share
payments and incentive payments under the environmental
quality incentives program shall be targeted at
practices relating to livestock production.
SEC. 1242. USE OF OTHER AGENCIES.
[(a) Committees.--In carrying out subtitles B, C, and D, the
Secretary shall use the services of local, county, and State
committees established under section 8(b) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)).]
(a) Principal Agency.--The Secretary shall use the Farm
Service Agency in carrying out subtitles B and C, and
subchapter B of chapter 1, and chapters 2 and 4, of subtitle D.
* * * * * * *
SEC. 1243. ADMINISTRATION.
(a) * * *
* * * * * * *
(b) Acreage Limitation.--
(1) * * *
(2) Exception.--The Secretary may exceed the
limitations in paragraph (1) if the Secretary
determines [that--
[(A) the action would not adversely affect
the local economy of a county; and
[(B) operators in the county are having
difficulties complying with conservation plans
implemented under section 1212.] that the
action would not adversely affect the local
economy of the county.
(3) Shelterbelts and windbreaks.--The limitations
established under this subsection shall not apply to
cropland that is subject to an easement under chapter 1
[or 3] of subtitle D that is used for the establishment
of shelterbelts and windbreaks.
* * * * * * *
[(d) Provision of Technical Assistance by Other Sources.--In
the preparation and application of a conservation compliance
plan under subtitle B or similar plan required as a condition
for assistance from the Department of Agriculture, the
Secretary shall permit persons to secure technical assistance
from approved sources, as determined by the Secretary, other
than the Natural Resources Conservation Service. If the
Secretary rejects a technical determination made by such a
source, the basis of the Secretary's determination must be
supported by documented evidence.]
(d) Rules Governing Provision of Technical Assistance.--
(1) In general.--The Secretary shall provide
technical assistance under this title to a producer
eligible for such assistance, by providing the
assistance directly or, at the option of the producer,
through an approved third party if available.
(2) Amount.--The Secretary shall determine the amount
of technical assistance to be provided to a producer
under this title, and on making the determination,
shall make the necessary funds available to--
(A) if the producer has selected an approved
third party to provide the assistance, such
approved third party; or
(B) otherwise, the Natural Resources
Conservation Service.
(3) Funding source; limitation.--
(A) Use of ccc funds.--Subject to
subparagraph (B), the Secretary may use not
more than $100,000,000 of funds of the
Commodity Credit Corporation for each of fiscal
years 2002 through 2011 to carry out this
subsection.
(B) Limitation.--The total amount expended
under this subsection for fiscal years 2002
through 2011 may not exceed $850,000,000.
(4) Certification of third-party providers.--
(A) In general.--Not later than 6 months
after the date of the enactment of this Act,
the Secretary of Agriculture shall, by
regulation, establish a system for approving
persons to provide technical assistance
pursuant to this title. In the system, the
Secretary shall give priority to a person who
has a memorandum of understanding regarding the
provision of technical assistance in place with
the Secretary before the date of the enactment
of this subsection.
(B) Expertise required.--In prescribing such
regulations, the Secretary shall ensure that
persons with expertise in the technical aspects
of conservation planning, watershed planning,
environmental engineering, including commercial
entities, nonprofit entities, State or local
governments or agencies, and other Federal
agencies, are eligible to become approved
providers of such technical assistance.
* * * * * * *
SEC. [1230A.] 1244. GOOD FAITH RELIANCE.
(a) In General.--Except as provided in subsection (d) and
notwithstanding any other provision of this [chapter] title,
the Secretary shall provide equitable relief to an owner or
operator that has entered into a contract under this [chapter]
title, and that is subsequently determined to be in violation
of the contract, if the owner or operator in attempting to
comply with the terms of the contract and enrollment
requirements took actions in good faith reliance on the action
or advice of an authorized representative of the Secretary.
(b) Types of Relief.--The Secretary shall--
(1) to the extent the Secretary determines that an
owner or operator has been injured by good faith
reliance described in subsection (a), allow the owner
or operator to do any one or more of the following--
(A) to retain payments received under the
contract;
(B) to continue to receive payments under the
contract;
(C) to keep all or part of the land covered
by the contract enrolled in the applicable
program under this [chapter] title;
(D) to reenroll all or part of the land
covered by the contract in the applicable
program under this [chapter] title; or
* * * * * * *
Subtitle F--Other Conservation Provisions
* * * * * * *
[SEC. 1256. TREE PLANTING INITIATIVE.
[(a) Maintenance, Afforestation, and Reforestation of Forest
Lands.--
[(1) Policy.--It is the policy of the United States
to--
[(A) promote the retention and management of
lands currently in forest cover as forested
lands;
[(B) provide for the reforestation of
Federal, State, and private nonindustrial
forest lands following timber harvest or loss
of cover due to fire, insect damage, disease or
damaging weather;
[(C) encourage the reforestation of
previously forested lands and the afforestation
of marginal agricultural lands; and
[(D) promote the planting of trees and the
proper management of existing forest lands to
reduce soil erosion, improve water quality,
enhance fish and wildlife habitat, and provide
for the sustained production of the commodity
and noncommodity resources that these lands can
provide to meet the Nation's needs.
[(2) Implementation of policy.--The Secretary is
encouraged to use the following programs to accomplish
the policy identified in subsection (a)(1):
[(A) The conservation reserve established
under subchapter B of chapter 1.
[(B) The agricultural conservation program
authorized by sections 7 through 15, 16(a),
16(f), and 17 of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590g through
590o, 590p(a), 590p(f), and 590(g) and sections
1001 through 1008 and 1010 of the Agricultural
Act of 1970 (16 U.S.C. 1501 through 1508 and
1510).
[(C) The Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2103).
[(D) The provisions of title XII of the Food,
Agriculture, Conservation, and Trade Act of
1990.
[(b) Agreements With State Forestry Agencies.--The Secretary
shall encourage owners and operators of cropland who enter into
agreements in accordance with this section to enlist the
cooperative assistance of the State Forester or equivalent
State official in obtaining technical and financial assistance
for tree planting and maintenance activities in accordance with
the provisions of title XII of the Food, Agriculture,
Conservation, and Trade Act of 1990.]
* * * * * * *
TITLE XIV--AGRICUTURAL RESEARCH, EXTENSION, AND TEACHING
Subtitle A--General Provisions
* * * * * * *
MARKET EXPANSION RESEARCH
Sec. 1436. (a) * * *
(b)(1) * * *
* * * * * * *
(3)(A) * * *
* * * * * * *
(C) To the extent requests are made for matching funds under
such program, the total amount of funds used by the Secretary
to carry out the program under this subsection may not be less
than $10,000,000 for each of the fiscal years ending September
30, 1986, through September 30, [1990] 2011.
* * * * * * *
TITLE XVII--RELATED AND MISCELLANEOUS MATTERS
* * * * * * *
Subtitle G--Miscellaneous
* * * * * * *
CONFIDENTIALITY OF INFORMATION
Sec. 1770. (a) * * *
* * * * * * *
(d) For purposes of this section, a provision of law
referred to in this subsection means--
(1) * * *
* * * * * * *
(9) section 2 of the joint resolution entitled
``Joint resolution relating to the publication of
economic and social statistics for Americans of Spanish
origin or descent'', approved June 16, 1976 (15 U.S.C.
1516a); [or]
(10) section 3(e) of the Forest and Rangeland
Renewable Resources Research Act of 1978 (16 U.S.C.
1642(e));
(11) section 2 of the Census of Agriculture Act of
1997[.] ; or
(12) title XII of this Act.
(e) [Information Provided to Secretary of Commerce]
Exceptions.--This section shall not prohibit the release of
information under section 2(f)(2) of the Census of Agriculture
Act of 1997, or as necessary to carry out a program under title
XII of this Act as determined by the Secretary.
* * * * * * *
----------
FLUID MILK PRODUCTION ACT OF 1990
* * * * * * *
TITLE XIX--AGRICULTURAL PROMOTION
* * * * * * *
Subtitle H--Processor-Funded Milk Promotion Program
* * * * * * *
SEC. 1999C. DEFINITIONS.
As used in this subtitle:
(1) * * *
* * * * * * *
[(3) Fluid milk product.--The term ``fluid milk
product''--
[(A) means any of the following products in
fluid or frozen form: milk, skim milk, lowfat
milk, milk drinks, buttermilk, filled milk, and
milkshake and ice milk mixes containing less
than 20 percent total solids, including any
such products that are flavored, cultured,
modified with added nonfat milk solids,
concentrated (if in a consumer-type package),
or reconstituted; and
[(B) does not include evaporated or condensed
milk (plain or sweetened), evaporated or
condensed skim milk (plain or sweetened),
formulas specially prepared for infant feeding
or dietary use that are packaged in
hermetically sealed glass or all-metal
containers, any product that contains by weight
less than 6.5 percent nonfat milk solids, and
whey.]
(3) Fluid milk product.--The term ``fluid milk
product'' has the meaning given such term--
(A) in section 1000.15 of title 7, Code of
Federal Regulations, subject to such amendments
as may be made from time to time; or
(B) in any successor regulation providing a
definition of such term that is promulgated
pursuant to the Agricultural Adjustment Act (7
U.S.C. 601 et seq.), reenacted with amendments
by the Agricultural Marketing Agreement Act of
1937.
(4) Fluid milk processor.--The term ``fluid milk
processor'' means any person who processes and markets
commercially more than [500,000] 3,000,000 pounds of
fluid milk products in consumer-type packages per
month.
* * * * * * *
SEC. 1999O. SUSPENSION OR TERMINATION OF ORDERS.
[(a) Termination of Order.--Any order effective under this
subtitle shall be terminated December 31, 2002. The Secretary
shall--
[(1) terminate the collection of assessments under
the order upon such date; and
[(2) terminate activities under the order in an
orderly manner as soon as practicable after such date.]
[(b)] (a) Suspension or Termination by Secretary.--The
Secretary shall, whenever the Secretary finds that the order or
any provision of the order obstructs or does not tend to
effectuate the declared policy of this subtitle, terminate or
suspend the operation of the order or provision.
[(c)] (b) Other Referenda.--
(1) * * *
* * * * * * *
----------
SECTION 273 OF THE AGRICULTURAL MARKETING ACT OF 1946
SEC. 273. MANDATORY REPORTING FOR DAIRY PRODUCTS.
(a) * * *
(b) Requirements.--
(1) In general.--In establishing the program, the
Secretary shall only--
(A) * * *
(B) require each manufacturer and other
person storing dairy products and substantially
identical products designated by the Secretary
to report to the Secretary, at a periodic
interval determined by the Secretary,
information on the quantity of dairy products
and such substantially identical products
stored.
* * * * * * *
----------
DAIRY PRODUCTION STABILIZATION ACT OF 1983
TITLE I--DAIRY
SHORT TITLE
Sec. 101. This title may be cited as the ``Dairy Production
Stabilization Act of 1983''.
* * * * * * *
Subtitle B--Dairy Promotion Program
FINDINGS AND DECLARATION OF POLICY
Sec. 110. (a) * * *
(b) It, therefore, is declared to be the policy of Congress
that it is in the public interest to authorize the
establishment, through the exercise of the powers provided
herein, of an orderly procedure for financing (through
assessments on all milk produced in the United States for
commercial use and on imported dairy products) and carrying out
a coordinated program of promotion designed to strengthen the
dairy industry's position in the marketplace and to maintain
and expand domestic and foreign markets and uses for fluid milk
and dairy [products produced in the United States.] products.
Nothing in this subtitle may be construed to provide for the
control of production or otherwise limit the right of
individual milk producers to produce milk or the right of any
person to import dairy products.
DEFINITIONS
Sec. 111. As used in this subtitle--
(a) * * *
* * * * * * *
(k) the term ``nutrition education'' means those
activities intended to broaden the understanding of
sound nutritional principles including the role of milk
and dairy products in a balanced diet; [and]
(l) the term ``United States'' as used in sections
110 through 117 means the forty-eight contiguous States
in the continental United States[.];
(m) the term ``imported dairy product'' means any
dairy product that is imported into the United States,
including dairy products imported into the United
States in the form of--
(1) milk, cream, and fresh and dried dairy
products;
(2) butter and butterfat mixtures;
(3) cheese; and
(4) casein and mixtures;
(n) the term ``importer'' means a person that imports
an imported dairy product into the United States; and
(o) the term ``Customs'' means the United States
Customs Service.
* * * * * * *
REQUIRED TERMS IN ORDERS
Sec. 113. Any order issued under this subtitle shall contain
terms and conditions as follows:
(a) * * *
(b) National Dairy Promotion and Research Board.--
(1) The order shall provide for the establishment and
appointment by the Secretary of a National Dairy
Promotion and Research Board that shall consist of not
less than thirty-six members.
[Members] (2) Except as provided in paragraph (6),
the members of the Board shall be milk producers
appointed by the Secretary from nominations submitted
by eligible organizations certified under section 114
of this subtitle, or, if the Secretary determines that
a substantial number of milk producers are not members
of, or their interests are not represented by, any such
eligible organization, then from nominations made by
such milk producers in the manner authorized by the
Secretary.
(3) In making such appointments, the Secretary shall
take into account, to the extent practicable, the
geographical distribution of milk production volume
throughout the United States.
(4) In determining geographic representation, whole
States shall be considered as a unit.
(5) A region may be represented by more than one
director and a region may be made up of more than one
State.
(6) Importers.--
(A) Representation.--The Secretary shall
appoint not more than 2 members who represent
importers of dairy products and are subject to
assessments under the order, to reflect the
proportion of domestic production and imports
supplying the United States market, which shall
be based on the Secretary's determination of
the average volume of domestic production of
dairy products proportionate to the average
volume of imports of dairy products in the
United States over the previous three years.
(B) Additional members; nominations.--The
members appointed under this paragraph--
(i) shall be in addition to the total
number of members appointed under
paragraph (2); and
(ii) shall be appointed from
nominations submitted by importers
under such procedures as the Secretary
determines to be appropriate.
(7) The term of appointment to the Board shall be for
three years with no member serving more than two
consecutive terms, except that initial appointments
shall be proportionately for one-year, two-year, and
three-year terms.
(8) The Board shall appoint from its members an
executive committee whose membership shall equally
reflect each of the different regions in the United
States in which milk is produced.
(9) The executive committee shall have such duties
and powers as are conferred upon it by the Board.
(10) Board members shall serve without compensation,
but shall be reimbursed for their reasonable expenses
incurred in performing their duties as members of the
Board including a per diem allowance as recommended by
the Board and approved by the Secretary.
* * * * * * *
(g) Assessments.--
(1) The order shall provide that each person making
payment to a producer for milk produced in the United
States and purchased from the producer shall, in the
manner as prescribed by the order, collect an
assessment based upon the number of hundredweights of
milk for commercial use handled for the account of the
producer and remit the assessment to the Board.
(2) The assessment shall be used for payment of the
expenses in administering the order, with provision for
a reasonable reserve, and shall include those
administrative costs incurred by the Department after
an order has been promulgated under this subtitle.
(3) The rate of assessment prescribed by the order
shall be 15 cents per hundredweight of milk for
commercial use or the equivalent thereof.
(4) A milk producer or the producer's cooperative who
can establish that the producer is participating in
active, ongoing qualified State or regional dairy
product promotion or nutrition education programs
intended to increase consumption of milk and dairy
products generally shall receive credit in determining
the assessment due from such producer for contributions
to such programs of up to 10 cents per hundredweight of
milk marketed or, for the period ending six months
after the date of enactment of this Act, up to the
aggregate rate in effect on the date of enactment of
this Act of such contributions to such programs (but
not to exceed 15 cents per hundredweight of milk
marketed) if such aggregate rate exceeds 10 cents per
hundredweight of milk marketed.
(5) Any person marketing milk of that person's own
production directly to consumers shall remit the
assessment directly to the Board in the manner
prescribed by the order.
(6) Importers.--
(A) In general.--The order shall provide that
each importer of imported dairy products shall
pay an assessment to the Board in the manner
prescribed by the order.
(B) Time for payment.--The assessment on
imported dairy products shall be paid by the
importer to Customs at the time of the entry of
the products into the United States and shall
be remitted by Customs to the Board. For
purposes of this subparagraph, entry of the
products into the United States shall be deemed
to have occurred when the products are released
from custody of Customs and introduced into the
stream of commerce within the United States.
Importers include persons who hold title to
foreign-produced dairy products immediately
upon release by Customs, as well as persons who
act on behalf of others, as agents, brokers, or
consignees, to secure the release of dairy
products from Customs and the introduction of
the released dairy products into the stream of
commerce.
(C) Rate.--The rate of assessment on imported
dairy products shall be determined in the same
manner as the rate of assessment per
hundredweight or the equivalent of milk.
(D) Value of products.--For the purpose of
determining the assessment on imported dairy
products under subparagraph (C), the value to
be placed on imported dairy products shall be
established by the Secretary in a fair and
equitable manner.
(E) Use of assessments on imported dairy.--
Assessments collected on imported dairy
products shall not be used for foreign market
promotion.
* * * * * * *
(k) The order shall require that each [person receiving]
importer of imported dairy products, each person receiving milk
from farmers for commercial use, and any person marketing milk
of that person's own production directly to consumers, maintain
and make available for inspection such books and records as may
be required by the order and file reports at the time, in the
manner, and having the content prescribed by the order. Such
information shall be made available to the Secretary as is
appropriate to the administration or enforcement of this
subtitle, or any order or regulation issued under this
subtitle. All information so obtained shall be kept
confidential by all officers and employees of the Department,
and only such information so obtained as the Secretary deems
relevant may be disclosed by them and then only in a suit or
administrative hearing brought at the request of the Secretary,
or to which the Secretary or any officer of the United States
is a party, and involving the order with reference to which the
information to be disclosed was obtained. Nothing in this
subsection may be deemed to prohibit (1) the issuance of
general statements, based upon the reports, of the number of
persons subject to an order or statistical data collected
therefrom, which statements do not identify the information
furnished by any person, or (2) the publication, by direction
of the Secretary, of the name of any person violating any
order, together with a statement of the particular provisions
of the order violated by such person. No information obtained
under the authority of this subtitle may be made available to
any agency or officer of the Federal Government for any purpose
other than the implementation of this subtitle and any
investigatory or enforcement action necessary for the
implementation of this subtitle. Any person violating the
provisions of this subsection shall, upon conviction, be
subject to a fine of not more than $1,000, or to imprisonment
for not more than one year, or both, and, if an officer or
employee of the Board or the Department, shall be removed from
office.
* * * * * * *
SUSPENSION AND TERMINATION OF ORDERS
Sec. 116. (a) * * *
(b) After September 30, 1985, the Secretary may conduct a
referendum at any time, and shall hold a referendum on request
of a representative group comprising 10 per centum or more of
the number of producers and importers subject to the order, to
determine whether the producers and importers favor the
termination or suspension of the order. The Secretary shall
suspend or terminate collection of assessments under the order
within six months after the Secretary determines that
suspension or termination of the order is favored by a majority
of the producers voting in the referendum who, during a
representative period (as determined by the Secretary), have
been engaged in the production of milk for commercial use and
importers voting in the referendum (who have been engaged in
the importation of dairy products during the same
representative period, as determined by the Secretary). and
shall terminate the order in an orderly manner as soon as
practicable after such determination.
* * * * * * *
----------
AGRICULTURAL ADJUSTMENT ACT OF 1938
* * * * * * *
TITLE III--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING
QUOTAS, AND MARKETING CERTIFICATES
* * * * * * *
Subtitle B--Marketing Quotas
* * * * * * *
[PART VI--MARKETING QUOTAS--PEANUTS
[LEGISLATIVE FINDINGS
[Sec. 357. The production, marketing, and processing of
peanuts and peanut products employs a large number of persons
and is of national interest. The movement of peanuts from
producer to consumer is preponderantly in interstate and
foreign commerce, and, owing to causes beyond their control,
the farmers producing such commodity and the persons engaged in
the marketing and processing thereof are unable to regulate
effectively the orderly marketing of the commodity. As the
quantity of peanuts marketed in the channels of interstate and
foreign commerce increases above the quantity of peanuts needed
for cleaning and shelling, the prices at which all peanuts are
marketed are depressed to low levels. These low prices tend to
cause the quantity of peanuts available for marketing in later
years to be less than normal, which in turn tends to cause
relatively high prices. This fluctuation of prices and
marketings of peanuts creates an unstable and chaotic condition
in the marketing of peanuts for cleaning and shelling and for
crushing for oil in the channels of interstate and foreign
commerce. Since these unstable and chaotic conditions have
existed for a period of years and are likely, without proper
regulation, to continue to exist, it is imperative that the
marketing of peanuts for cleaning and shelling and for crushing
for oil in interstate and foreign commerce be regulated in
order to protect producers, handlers, processors, and
consumers.
[MARKETING QUOTAS
[Sec. 358. (a) Between July 1 and December 1 of each calendar
year the Secretary shall proclaim the amount of the national
marketing quota for peanuts for the crop produced in the next
succeeding calendar year in terms of the total quantity of
peanuts which will make available for marketing a supply of
peanuts from the crop with respect to which the quota is
proclaimed equal to the average quantity of peanuts harvested
for nuts during the five years immediately preceding the year
in which such quota is proclaimed, adjusted for current trends
and prospective demand conditions, and the quota so proclaimed
shall be in effect with respect to such crop. The national
marketing quota for peanuts for any year shall be converted to
a national acreage allotment by dividing such quota by the
normal yield per acre of peanuts for the United States
determined by the Secretary on the basis of the average yield
per acre of peanuts in the five years preceding the year in
which the quota is proclaimed, with such adjustments as may be
found necessary to correct for trends in yields and for
abnormal conditions of production affecting yields in such five
years: Provided, That the national marketing quota established
for the crop produced in the calendar year 1941 shall be a
quantity of peanuts sufficient to provide a national acreage
allotment of not less than one million six hundred and ten
thousand acres, and that the national marketing quota
established for any subsequent year shall be a quantity of
peanuts sufficient to provide a national acreage allotment of
not less than that established for the crop produced in the
calendar year 1941.
[(b) Not later than December 15 of each calendar year the
Secretary shall conduct a referendum of farmers engaged in the
production of peanuts in the calendar year in which the
referendum is held to determine whether such farmers are in
favor of or opposed to marketing quotas with respect to the
crops of peanuts produced in the three calendar years
immediately following the year in which the referendum is held,
except that, if as many as two-thirds of the farmers voting in
any referendum vote in favor of marketing quotas, no referendum
shall be held with respect to quotas for the second and third
years of the period. The Secretary shall proclaim the results
of the referendum within thirty days after the date on which it
is held, and, if more than one-third of the farmers voting in
the referendum vote against marketing quotas, the Secretary
also shall proclaim that marketing quotas will not be in effect
with respect to the crop of peanuts produced in the calendar
year immediately following the calendar year in which the
referendum is held. Notwithstanding any other provisions of
this section, the Secretary shall proclaim a national marketing
quota with respect to the crop of peanuts produced in the
calendar year 1941 equal to the minimum quota provided for said
year in subsection (a) of this section and shall provide for
the holding of a referendum on such quota within thirty days
after April 3, 1941, and the State and farm acreage allotments
established under the 1941 crop of peanuts.
[(c)(1) The national acreage allotment for 1951, less the
acreage to be allotted to new farms under subsection (f) of
this section, shall be apportioned among the States on the
basis of the larger of the following for each State: (a) The
acreage allotted to the State as its share of the 1950 national
acreage allotment of two million one hundred thousand acres, or
(b) the State's share of two million one hundred thousand acres
apportioned, to States on the basis of the average acreage
harvested for nuts in each State in the five years 1945-49:
Provided, That any allotment so determined for any State which
is less than the 1951 State allotment announced by the
Secretary prior to the enactment of this Act shall be increased
to such announced allotment and the acreage required for such
increases shall be in addition to the 1951 national acreage
allotment and shall be considered in determining State acreage
allotments in future years. For any year subsequent to 1951,
the national acreage allotment for that year, shall be
apportioned among the States on the basis of their share of the
national acreage allotment for the most recent year in which
such apportionment was made.
[(2) Notwithstanding any other provision of law, if the
Secretary of Agriculture determines, on the basis of the
average yield per acre of peanuts by types during the preceding
five years, adjusted for trends in yields and abnormal
conditions of production affecting yields in such five years,
that the supply of any type or types of peanuts for any
marketing year, beginning with the 1951-52 marketing year, will
be insufficient to meet the estimated demand for cleaning and
shelling purposes at prices at which the Commodity Credit
Corporation may sell for such purposes peanuts owned or
controlled by it, the State allotments for those States
producing such type or types of peanuts shall be increased to
the extent determined by the Secretary to be required to meet
such demand but the allotment for any State may not be
increased under this provision above the 1947 harvested acreage
of peanuts for such State. The total increase so determined
shall be apportioned among such States for distribution among
farms producing peanuts of such type or types on the basis of
the average acreage of peanuts of such type or types in the
three years immediately preceding the year for which the
allotments are being determined. The additional acreage so
required shall be in addition to the national acreage
allotment, the production from such acreage shall be in
addition to the national marketing quota, and the increase in
acreage allotted under this provision shall not be considered
in establishing future State, county, or farm acreage
allotments.
[(d) The Secretary shall provide for the apportionment of the
State acreage allotment for any State, less the acreage to be
allotted to new farms under subsection (f) of this section,
through local committees among farms on which peanuts were
grown in any of the three years immediately preceding the year
for which such allotment is determined. The State acreage
allotment for 1952 and any subsequent year shall be apportioned
among farms on which peanuts were produced in any one of the 3
calendar years immediately preceding the year for which such
apportionment is made, on the basis of the following: Past
acreage of peanuts, taking into consideration the acreage
allotments previously established for the farm; abnormal
conditions affecting acreage; land, labor, and equipment
available for the production of peanuts; crop-rotation
practices; and soil and other physical factors affecting the
production of peanuts. Any acreage of peanuts harvested in
excess of the allotted acreage for any farm for any year shall
not be considered in the establishment of the allotment for the
farm in succeeding years. The amount of the marketing quota for
each farm shall be the actual production of the farm-acreage
allotment, and no peanuts shall be marketed under the quota for
any farm other than peanuts actually produced on the farm.
[(e) Notwithstanding the foregoing provisions of this
section, the Secretary may, if the State committee recommends
such action and the Secretary determines that such action will
facilitate the effective administration of the provisions of
the Act, provide for the apportionment of the State acreage
allotment for 1952 and any subsequent year among the counties
in the State on the basis of the past acreage of peanuts
harvested for nuts (excluding acreage in excess of farm
allotments) in the county during the five years immediately
preceding the year in which such apportionment is made, with
such adjustments as are deemed necessary for abnormal
conditions affecting acreage, for trends in acreage, and for
additional allotments for types of peanuts in short supply
under the provisions of subsection (c). The county acreage
allotment shall be apportioned among farms on the basis of the
factors set forth in subsection (d) of this section.
[(f) Not more than 1 per centum of the State acreage
allotment shall be apportioned among farms in the State on
which peanuts are to be produced during the calendar year for
which the allotment is made but on which peanuts were not
produced during any one of the past three years, on the basis
of the following: Past peanut-producing experience by the
producers; land, labor, and equipment available for the
production of peanuts; crop-rotation practices; and soil and
other physical factors affecting the production of peanuts.
[(g) Any part of the acreage allotted to individual farms
under the provisions of this section on which peanuts will not
be produced and which is voluntarily surrendered to the county
committee shall be deducted from the allotments to such farms
and may be reapportioned by the county committee to other farms
in the same county receiving allotments, in amounts determined
by the county committee to be fair and reasonable on the basis
of land, labor, and equipment available for the production of
peanuts, crop-rotation practices, and soil and other physical
factors affecting the production of peanuts. Any transfer of
allotments under this provision shall not operate to reduce the
allotment for any subsequent year for the farm from which
acreage is transferred, except as the farm becomes ineligible
for an allotment by failure to produce peanuts during a three-
year period, and any such transfer shall not operate to
increase the allotment for any subsequent year for the farm to
which the acreage is transferred: Provided, That,
notwithstanding any other provisions of this Act, any part of
any farm acreage allotment may be permanently released in
writing to the county committee by the owner and operator of
the farm, and reapportioned as provided herein.
[(i) The production of peanuts on a farm in 1959 or any
subsequent year for which no farm acreage allotment was
established shall not make the farm eligible for an allotment
as an old farm under subsection (d) of this section: Provided,
however, That by reason of such production the farm need not be
considered as ineligible for a new farm allotment under
subsection (f) of this section, but such production shall not
be deemed past experience in the production of peanuts for any
producer on the farm.
[(j) Notwithstanding any other provision of this Act, if the
Secretary determines for 1976 or a subsequent year that because
of a natural disaster a portion of the farm peanut acreage
allotments in a county cannot be timely planted or replanted in
such year, he may authorize for such year the transfer of all
or a part of the peanut acreage allotments for any farm in the
county so affected to another farm in the county or in an
adjoining county in the same or an adjoining State on which one
or more of the producers on the farm from which the transfer is
to be made will be engaged in the production of peanuts and
will share in the proceeds thereof, in accordance with such
regulations as the Secretary may prescribe. Any farm allotment
transferred under this subsection shall be deemed to be
released acreage for the purpose of acreage history credits
under subsection (g) of this section and section 377 of this
Act: Provided, That notwithstanding the provisions of
subsection (g) of this section, the transfer of any farm
allotment under this subsection shall operate to make the farm
from which the allotment was transferred eligible for an
allotment as having peanuts planted thereon during the three-
year base period.
[SEC. 358-1. NATIONAL POUNDAGE QUOTAS AND ACREAGE ALLOTMENTS FOR
PEANUTS.
[(a) National Poundage Quotas.--
[(1) Establishment.--The national poundage quota for
peanuts for each marketing year shall be established by
the Secretary at a level that is equal to the quantity
of peanuts (in tons) that the Secretary estimates will
be devoted in each such marketing year to domestic
edible use (except seed) and related uses.
[(2) Announcement.--The national poundage quota for a
marketing year shall be announced by the Secretary not
later than December 15 preceding the marketing year.
[(3) Apportionment among states.--The national
poundage quota established under paragraph (1) shall be
apportioned among the States so that the poundage quota
allocated to each State shall be equal to the
percentage of the national poundage quota allocated to
farms in the State for 1990, for the 1991 through 1995
marketing years, and 1995, for the 1996 through 2002
marketing years.
[(b) Farm Poundage Quotas.--
[(1) In general.--
[(A) Establishment.--A farm poundage quota
for each marketing year shall be established--
[(i) for each farm that had a farm
poundage quota for peanuts for the 1990
marketing year, in the case of the 1991
through 1995 marketing years, and the
1995 marketing year, in the case of the
1996 through 2002 marketing years;
[(ii) if the poundage quota
apportioned to a State under subsection
(a)(3) for any such marketing year is
larger than the quota for the
immediately preceding marketing year,
for each other farm on which peanuts
were produced for marketing in at least
2 of the 3 immediately preceding crop
years, as determined by the Secretary;
and
[(iii) as approved and determined by
the Secretary under section 358c, for
each farm on which peanuts are produced
in connection with experimental and
research programs.
[(B) Quantity.--The farm poundage quota for
each marketing year for each farm described in
subparagraph (A)(i) shall be the same as the
farm poundage quota for the farm for the
immediately preceding marketing year, as
adjusted under paragraph (2), but not including
any increases resulting from the allocation of
quotas voluntarily released for 1 year under
paragraph (7). The farm poundage quota, if any,
for each marketing year for each farm described
in subparagraph (A)(ii) shall be equal to the
quantity of peanuts allocated to the farm for
the year under paragraph (2).
[(C) Transfers.--For purposes of this
subsection, if the farm poundage quota, or any
part thereof, is permanently transferred in
accordance with section 358a or 358b, the
receiving farm shall be considered as
possessing the farm poundage quota (or portion
thereof) of the transferring farm for all
subsequent marketing years.
[(D) Certain farms ineligible for quota.--
Effective beginning with the 1998 crop, the
Secretary shall not establish a farm poundage
quota under subparagraph (A) for a farm owned
or controlled by--
[(i) a municipality, airport
authority, school, college, refuge, or
other public entity (other than a
university used for research purposes);
or
[(ii) a person who is not a producer
and resides in another State.
[(2) Adjustments.--
[(A) Allocation of increased quota
generally.--Except as provided in subparagraph
(D), if the poundage quota apportioned to a
State under subsection (a)(3) for any marketing
year is increased over the poundage quota
apportioned to farms in the State for the
immediately preceding marketing year, the
increase shall be allocated proportionately,
based on farm production history for peanuts
for the 3 immediately preceding years, among--
[(i) all farms in the State for each
of which a farm poundage quota was
established for the marketing year
immediately preceding the marketing
year for which the allocation is being
made; and
[(ii) all other farms in the State on
each of which peanuts were produced in
at least 2 of the 3 immediately
preceding crop years, as determined by
the Secretary.
[(B) Temporary quota allocation.--
[(i) Allocation related to seed
peanuts.--Temporary allocation of quota
pounds for the marketing year only in
which the crop is planted shall be made
to producers for each of the 1996
through 2002 marketing years as
provided in this subparagraph.
[(ii) Quantity.--The temporary quota
allocation shall be equal to the pounds
of seed peanuts planted on the farm, as
may be adjusted and determined under
regulations prescribed by the
Secretary.
[(iii) Additional quota.--The
temporary allocation of quota pounds
under this paragraph shall be in
addition to the farm poundage quota
otherwise established under this
subsection and shall be credited, for
the applicable marketing year only, in
total, to the producer of the peanuts
on the farm in a manner prescribed by
the Secretary.
[(iv) Effect of other requirements.--
Nothing in this section alters or
changes the requirements regarding the
use of quota and additional peanuts
established by section 358e(b).
[(C) Decrease.--If the poundage quota
apportioned to a State under subsection (a)(3)
for any marketing year is decreased from the
poundage quota apportioned to farms in the
State under subsection (a)(3) for the
immediately preceding marketing year, the
decrease shall be allocated among all the farms
in the State for each of which a farm poundage
quota was established for the marketing year
immediately preceding the marketing year for
which the allocation is being made.
[(D) Special rule on tenant's share of
increased quota.--Subject to terms and
conditions prescribed by the Secretary, on
farms that were leased to a tenant for peanut
production, the tenant shall share equally with
the owner of the farm in that percentage of the
quota referred to in subparagraph (A) and
otherwise allocated to the farm as the result
of the tenant's production on the farm of
additional peanuts. Not later than April 1 of
each year or as soon as practicable, the
tenant's share of any such quota shall be
allocated to a farm within the county owned by
the tenant or sold by the tenant to the owner
of any farm within the county and permanently
transferred to that farm. Any quota not so
disposed of as provided in this subparagraph
shall be allocated to other quota farms in the
State under paragraph (6) as part of the quota
reduced from farms in the State due to the
failure to produce the quota.
[(E) Transfer of quota from ineligible
farms.--Any farm poundage quota held at the end
of the 1996 marketing year by a farm described
in paragraph (1)(D) shall be allocated to other
farms in the same State on such basis as the
Secretary may by regulation prescribe.
[(3) Quota not produced.--
[(A) In general.--Insofar as practicable and
on such fair and equitable basis as the
Secretary may by regulation prescribe, the farm
poundage quota established for a farm for any
marketing year shall be reduced to the extent
that the Secretary determines that the farm
poundage quota established for the farm for any
2 of the 3 marketing years preceding the
marketing year for which the determination is
being made was not produced, or considered
produced, on the farm.
[(B) Exclusions.--For the purposes of this
paragraph, the farm poundage quota for any such
preceding marketing year shall not include any
increase resulting from the allocation of
quotas voluntarily released for 1 year under
paragraph (7).
[(4) Quota considered produced.--For purposes of this
subsection, the farm poundage quota shall be considered
produced on a farm if--
[(A) the farm poundage quota was not produced
on the farm because of drought, flood, or any
other natural disaster, or any other condition
beyond the control of the producer, as
determined by the Secretary;
[(B) the farm poundage quota for the farm was
released voluntarily under paragraph (7) for
only 1 of the 3 marketing years immediately
preceding the marketing year for which the
determination is being made; or
[(C) the farm poundage quota was leased to
another owner or operator of a farm within the
same county for transfer to such farm for only
1 of the 3 marketing years immediately
preceding the marketing year for which the
determination is being made.
[(5) Quota permanently released.--Notwithstanding any
other provision of law--
[(A) the farm poundage quota established for
a farm under this subsection, or any part of
the quota, may be permanently released by the
owner of the farm, or the operator with the
permission of the owner; and
[(B) the poundage quota for the farm for
which the quota is released shall be adjusted
downward to reflect the quota that is so
released.
[(6) Allocation of quotas reduced or released.--
[(A) In general.--Except as provided in
subparagraphs (B) and (C), the total quantity
of the farm poundage quotas reduced or
voluntarily released from farms in a State for
any marketing year under paragraphs (3) and (5)
shall be allocated, as the Secretary may by
regulation prescribe, to other farms in the
State on which peanuts were produced in at
least 2 of the 3 crop years immediately
preceding the year for which the allocation is
being made.
[(B) Set-aside for farms with no quota.--Not
more than 25 percent of the total amount of
farm poundage quota to be allocated in the
State under subparagraph (A) shall be allocated
to farms in the State for which no farm
poundage quota was established for the
immediately preceding year's crop. The
allocation to any such farm shall not exceed
the average farm production of peanuts for the
3 immediately preceding years during which
peanuts were produced on the farm.
[(C) Allocation of quotas reduced or released
in texas.--
[(i) In general.--In Texas, and
subject to terms and conditions
prescribed by the Secretary, beginning
with the 1991 marketing year, the total
quantity of the farm poundage quota,
except the percentage allocated to new
farms under subparagraph (B), shall be
allocated to other farms having
poundage quotas for the 1990 marketing
year in all counties in which the
production of additional peanuts
exceeded the total quota allocated to
the county for the 1989 marketing year.
[(ii) Basis for allocation to
counties.--The allocation of the quota
to eligible counties shall be based on
the total production of additional
peanuts in the respective county for
the 1988 crop, except that the total
quota allocated to any county under
this subparagraph and paragraph (2)(B)
shall not be increased by more than 100
percent of the basic quota allocated to
the county for the 1989 marketing year,
if that county had more than 10,000
tons of quota for the 1989 marketing
year.
[(iii) Allocation to other
counties.--If the total quota for any
such county is so increased by 100
percent, all of the remaining quota set
aside under this subparagraph shall be
allocated to farms in other counties
otherwise meeting the requirements of
this subparagraph.
[(iv) Allocation to eligible farms.--
The percentage of farm poundage quota
available for allocation under this
subparagraph shall be allocated only to
quota farms from which additional
peanuts were delivered under contract
with handlers for the marketing year
immediately preceding the marketing
year for which the allocation is being
made. The percentage of the increased
quota in each county shall be allocated
among the eligible farms in the county
on the following basis:
[(I) Factor.--A factor shall
be established for each such
eligible farm by dividing the
amount of additional peanuts
contracted and delivered to
handlers from the farm by the
total remaining peanuts
produced on the farm for the
marketing year immediately
preceding the marketing year
for which the allocation is
being made.
[(II) Allocation.--Each such
eligible farm shall be
allocated the percentage of the
increased quota for the county
as its factor bears to the
total of the factors for all
eligible farms in the county.
[(7) Quota temporarily released.--
[(A) In general.--The farm poundage quota, or
any portion thereof, established for a farm for
a marketing year may be voluntarily released to
the Secretary to the extent that the quota, or
any part thereof, will not be produced on the
farm for the marketing year. Any farm poundage
quota so released in a State shall be allocated
to other farms in the State on such basis as
the Secretary may by regulation prescribe.
[(B) Effective period.--Except as otherwise
provided in this section, any adjustment in the
farm poundage quota for a farm under
subparagraph (A) shall be effective only for
the marketing year for which it is made and
shall not be taken into consideration in
establishing a farm poundage quota for the farm
from which the quota was released for any
subsequent marketing year.
[(8) Disaster transfers.--
[(A) In general.--Except as provided in
subparagraph (B), additional peanuts produced
on a farm from which the quota poundage was not
harvested and marketed because of drought,
flood, or any other natural disaster, or any
other condition beyond the control of the
producer, may be transferred to the quota loan
pool for pricing purposes on such basis as the
Secretary shall by regulation provide.
[(B) Limitation.--The poundage of peanuts
transferred under subparagraph (A) shall not
exceed the difference between--
[(i) the total quantity of peanuts
meeting quality requirements for
domestic edible use, as determined by
the Secretary, marketed from the farm;
and
[(ii) the total farm poundage quota,
excluding quota pounds transferred to
the farm in the fall.
[(C) Support rate.--Peanuts transferred under
this paragraph shall be supported at 70 percent
of the quota support rate for the marketing
years in which the transfers occur. The
transfers for a farm shall not exceed 25
percent of the total farm quota pounds,
excluding pounds transferred in the fall.
[(c) Farm Yields.--
[(1) In general.--For each farm for which a farm
poundage quota is established under subsection (b), and
when necessary for purposes of this Act, a farm yield
of peanuts shall be determined for each such farm.
[(2) Quantity.--The yield shall be equal to the
average of the actual yield per acre on the farm for
each of the 3 crop years in which yields were highest
on the farm out of the 5 crop years 1973 through 1977.
[(3) Appraised yields.--If peanuts were not produced
on the farm in at least 3 years during the 5-year
period or there was a substantial change in the
operation of the farm during the period (including a
change in operator, lessee who is an operator, or
irrigation practices), the Secretary shall have a yield
appraised for the farm. The appraised yield shall be
that quantity determined to be fair and reasonable on
the basis of yields established for similar farms that
are located in the area of the farm and on which
peanuts were produced, taking into consideration land,
labor, and equipment available for the production of
peanuts, crop rotation practices, soil and water, and
other relevant factors.
[(d) Referendum Respecting Poundage Quotas.--
[(1) In general.--Not later than December 15 of each
calendar year, the Secretary shall conduct a referendum
of producers engaged in the production of quota peanuts
in the calendar year in which the referendum is held to
determine whether the producers are in favor of or
opposed to poundage quotas with respect to the crops of
peanuts produced in the 5 calendar years immediately
following the year in which the referendum is held,
except that, if as many as two-thirds of the producers
voting in any referendum vote in favor of poundage
quotas, no referendum shall be held with respect to
quotas for the second, third, fourth, and fifth years
of the period.
[(2) Proclamation.--The Secretary shall proclaim the
result of the referendum within 30 days after the date
on which it is held.
[(3) Vote against quotas.--If more than one-third of
the producers voting in the referendum vote against
quotas, the Secretary also shall proclaim that poundage
quotas will not be in effect with respect to the crop
of peanuts produced in the calendar year immediately
following the calendar year in which the referendum is
held.
[(e) Definitions.--For the purposes of this part and title I
of the Agricultural Act of 1949 (7 U.S.C. 1441 et seq.):
[(1) Additional peanuts.--The term ``additional
peanuts'' means, for any marketing year--
[(A) any peanuts that are marketed from a
farm for which a farm poundage quota has been
established and that are in excess of the
marketings of quota peanuts from the farm for
the year; and
[(B) all peanuts marketed from a farm for
which no farm poundage quota has been
established in accordance with subsection (b).
[(2) Crushing.--The term ``crushing'' means the
processing of peanuts to extract oil for food uses and
meal for feed uses, or the processing of peanuts by
crushing or otherwise when authorized by the Secretary.
[(3) Domestic edible use.--The term ``domestic edible
use'' means use for milling to produce domestic food
peanuts (other than those described in paragraph (2))
and seed and use on a farm, except that the Secretary
may exempt from this definition seeds of peanuts that
are used to produce peanuts excluded under section
358d(c), are unique strains, and are not commercially
available.
[(4) Quota peanuts.--The term ``quota peanuts''
means, for any marketing year, any peanuts produced on
a farm having a farm poundage quota, as determined in
subsection (b), that--
[(A) are eligible for domestic edible use as
determined by the Secretary;
[(B) are marketed or considered marketed from
a farm; and
[(C) do not exceed the farm poundage quota of
the farm for the year.
[(f) Crops.--Notwithstanding any other provision of law, this
section shall be effective only for the 1991 through 2002 crops
of peanuts.
[SALE, LEASE AND TRANSFER OF PEANUT ACREAGE ALLOTMENTS
[Sec. 358a. (a) Notwithstanding any other provision of law
for the 1968 and succeeding crop years, the Secretary, if he
determines that it will not impair the effective operation of
the peanut marketing quota or price support program, (1) may
permit the owner and operator of any farm for which a peanut
acreage allotment is established under this Act to sell or
lease all or any part or the right to all or any part of such
allotment to any other owner or operator of a farm in the same
county for transfer to such farm; and (2) may permit the owner
of a farm to transfer all or any part of such allotment to any
other farm owned or controlled by him.
[(b) Transfers under this section shall be subject to the
following conditions: (1) no allotment shall be transferred to
a farm in another county; (2) no transfer of an allotment from
a farm subject to a mortgage or other lien shall be permitted
unless the transfer is agreed to by the lienholders; (3) no
sale of a farm allotment from a farm shall be permitted if any
sale of allotment to the same farm has been made within the
three immediately preceding crop years; (4) no transfer of
allotment shall be effective until a record thereof is filed
with the county committee of the county in which such transfer
is made and such committee determines that the transfer
complies with the provisions of this section; and (5) if the
normal yield established by the county committee for the farm
to which the allotment is transferred does not exceed the
normal yield established by the county committee for the farm
from which the allotment is transferred by more than 10 per
centum, the lease or sale and transfer shall be approved acre
for acre, but if the normal yield for the farm to which the
allotment is transferred exceeds the normal yield for the farm
from which the allotment is transferred by more than 10 per
centum, the county committee shall make a downward adjustment
in the amount of the acreage allotment transferred by
multiplying the normal yield established for the farm from
which the allotment is transferred by the acreage being
transferred and dividing the result by the normal yield
established for the farm to which the allotment is transferred:
Provided, That in the event an allotment is transferred to a
farm which at the time of such transfer is not irrigated, but
within five years subsequent to such transfer is placed under
irrigation, the Secretary shall also make an annual downward
adjustment in the allotment so transferred by multiplying the
normal yield established for the farm from which the allotment
is transferred by the acreage being transferred and dividing
the result by the actual yield for the previous year, adjusted
for abnormal weather conditions, on the farm to which the
allotment is transferred: Provided further, That,
notwithstanding any other provision of this Act, the adjustment
made in any peanut allotment because of the transfer to a
higher producing farm shall not reduce or increase the size of
any future National or State allotment and an acreage equal to
the total of all such adjustment shall not be allotted to any
other farms.
[(c) The transfer of an allotment shall have the effect of
transferring also the acreage history and marketing quota
attributable to such allotment and if the transfer is made
prior to the determination of the allotment for any year the
transfer shall include the right of the owner or operator to
have an allotment determined for the farm for such year:
Provided, That in the case of a transfer by lease the amount of
the allotment shall be considered, for the purpose of
determining allotments after the expiration of the lease, to
have been planted on the farm from which such allotment is
transferred.
[(d) The land in the farm from which the entire peanut
allotment has been transferred shall not be eligible for a new
farm peanut allotment during the five years following the year
in which such transfer is made.
[(e) Any lease may be made for such term of years not to
exceed five as the parties thereto agree, and on such other
terms and conditions except as otherwise provided in this
section as the parties thereto agree.
[(f) The lease of any part of a peanut acreage allotment
determined for a farm shall not affect the allotment for the
farm from which such allotment is transferred or the farm to
which it is transferred, except with respect to the crop year
or years specified in the lease. The amount of the acreage
allotment which is leased from a farm shall be considered for
purposes of determining future allotments to have been planted
to peanuts on the farm from which such allotment is leased and
the production pursuant to the lease shall not be taken into
account in establishing allotments for subsequent years for the
farm to which such allotment is leased. The lessor shall be
considered to have been engaged in the production of peanuts
for purposes of eligibility to vote in the referendum.
[(g) The Secretary shall prescribe regulations for the
administration of this section which may include reasonable
limitation on the size of the resulting allotments on farms to
which transfers are made and such other terms and conditions as
he deems necessary, but the total peanut allotment transferred
to any farm by sale or lease shall not exceed fifty acres.
[(h) If the sale or transfer occur during a period in which
the farm is covered by a conservation reserve contract,
cropland conversion agreement, or other similar land
utilization agreement the rates of payment provided for in the
contract or agreement of the farm from which the transfer is
made shall be subject to an appropriate adjustment, but no
adjustment shall be made in the contract or agreement of the
farm to which the transfer is made.
[SEC. 358B. SALE, LEASE, OR TRANSFER OF FARM POUNDAGE QUOTA FOR
PEANUTS.
[(a) In General.--
[(1) Sale and lease authority.--
[(A) Sale or lease within same state.--
Subject to subparagraph (B) and such terms and
conditions as the Secretary may prescribe, the
owner, or operator with the permission of the
owner, of a farm in a State for which a farm
poundage quota has been established may sell or
lease all or any part of the poundage quota to
any other owner or operator of a farm within
the same State for transfer to the farm.
However, any such lease of poundage quota may
be entered into in the fall or after the normal
planting season--
[(i) if not less than 90 percent of
the basic quota (the farm quota and
temporary quota transfers), plus any
poundage quota transferred to the farm
under this subsection, has been planted
or considered planted on the farm from
which the quota is to be leased; and
[(ii) under such terms and conditions
as the Secretary may by regulation
prescribe.
In the case of a fall transfer or a transfer
after the normal planting season by a cash
lessee, the landowner shall not be required to
sign the transfer authorization. A fall
transfer or a transfer after the normal
planting season may be made not later than 72
hours after the peanuts that are the subject of
the transfer are inspected and graded.
[(B) Percentage limitations on spring
transfers.--Spring transfers under subparagraph
(A) by sale or lease of a quota for farms in a
county to any owner or operator of a farm
outside the county within the same State shall
not exceed the applicable percentage specified
in this subparagraph of the quotas of all farms
in the originating county (as of January 1,
1996) for the crop year in which the transfer
is made, plus the total amount of quotas
eligible for transfer from the originating
county in the preceding crop year that were not
transferred in that year or that were
transferred through an expired lease. However,
not more than an aggregate of 40 percent of the
total poundage quota within a county (as of
January 1, 1996) may be transferred outside of
the county. Cumulative unexpired transfers
outside of a county may not exceed for a crop
year the following:
[(i) For the 1996 crop, 15 percent.
[(ii) For the 1997 crop, 25 percent.
[(iii) For the 1998 crop, 30 percent.
[(iv) For the 1999 crop, 35 percent.
[(v) For the 2000 and subsequent
crops, not more than an aggregate of 40
percent of the total poundage quota
within the county as of January 1,
1996.
[(C) Clarification regarding fall
transfers.--The limitation in subparagraph (B)
does not apply to 1-year fall transfers, which
in all cases may be made to any farm in the
same State.
[(D) Effect of transfer.--Any farm poundage
quota transferred under this paragraph shall
not result in any reduction in the farm
poundage quota for the transferring farm if the
transferred quota is produced or considered
produced on the receiving farm.
[(2) Transfers to other self-owned farms.--The owner
or operator of a farm may transfer all or any part of
the farm poundage quota to any other farm owned or
controlled by the owner or operator that is in the same
county or in a county contiguous to the county in the
same State and that had a farm poundage quota for the
preceding year's crop. Any farm poundage quota
transferred under this paragraph shall not result in
any reduction in the farm poundage quota for the
transferring farm if the transferred quota is produced
or considered produced on the receiving farm.
[(3) Transfers in states with small quotas.--
Notwithstanding paragraphs (1) and (2), in the case of
any State for which the poundage quota allocated to the
State was less than 10,000 tons for the preceding
year's crop, all or any part of a farm poundage quota
may be transferred by sale or lease or otherwise from a
farm in one county to a farm in another county in the
same State.
[(4) Transfers in counties with small quotas.--
Notwithstanding paragraphs (1) and (2), in the case of
any county in a State for which the poundage quota
allocated to the county was less than 100,000 pounds
for the preceding year's crop, all or any part of a
farm poundage quota may be transferred by sale or lease
or otherwise from a farm in the county to a farm in
another county in the same State.
[(b) Conditions.--Transfers (including transfer by sale or
lease) of farm poundage quotas under this section shall be
subject to all of the following conditions:
[(1) Lienholders.--No transfer of the farm poundage
quota from a farm subject to a mortgage or other lien
shall be permitted unless the transfer is agreed to by
the lienholders.
[(2) Tillable cropland.--No transfer of the farm
poundage quota shall be permitted if the county
committee established under section 8(b) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C.
590h(b)) determines that the receiving farm does not
have adequate tillable cropland to produce the farm
poundage quota.
[(3) Record.--No transfer of the farm poundage quota
shall be effective until a record thereof is filed with
the county committee of the county to which the
transfer is made and the committee determines that the
transfer complies with this section.
[(4) Other terms.--Such other terms and conditions
that the Secretary may by regulation prescribe.
[(c) Crops.--Notwithstanding any other provision of law, this
section shall be effective only for the 1991 through 2002 crops
of peanuts.
[SEC. 358C. EXPERIMENTAL AND RESEARCH PROGRAMS FOR PEANUTS.
[(a) In General.--Notwithstanding any other provision of this
Act, the Secretary may permit a portion of the poundage quota
for peanuts apportioned to any State to be allocated from the
State's quota reserve to land-grant institutions identified in
the Act of May 8, 1914 (38 Stat. 372, chapter 79; 7 U.S.C. 341
et seq.), and colleges eligible to receive funds under the Act
of August 30, 1890 (26 Stat. 419, chapter 841; 7 U.S.C. 321 et
seq.), including Tuskegee Institute and, as appropriate, the
Agricultural Research Service of the Department of Agriculture
to be used for experimental and research purposes.
[(b) Quantity.--The quantity of the quota allocated to an
institution under this section shall not exceed the quantity of
the quota held by each such institution during the 1985 crop
year, except that the total quantity allocated to all
institutions in a State shall not exceed \1/10\ of 1 percent of
the State's basic quota.
[(c) Limitation.--The director of the agricultural experiment
station for a State shall be required to ensure, to the extent
practicable, that farm operators in the State do not produce
quota peanuts under subsection (a) in excess of the quantity
needed for experimental and research purposes.
[(d) Crops.--Notwithstanding any other provision of law, this
section shall be effective only for the 1991 through 2002 crops
of peanuts.
[MARKETING PENALTIES
[Sec. 358d. (a) The marketing of any peanuts in excess of the
marketing quota for the farm on which such peanuts are
produced, or the marketing of peanuts from any farm for which
no acreage allotment was determined, shall be subject to a
penalty at a rate equal to 75 per centum of the price support
for peanuts for the marketing year (August 1-July 31). Such
penalty shall be paid by the person who buys or otherwise
acquires the peanuts from the producer, or if the peanuts are
marketed by the producer through an agent, the penalty shall be
paid by such agent, and such person or agent may deduct an
amount equivalent to the penalty from the price paid to the
producer. The Secretary may require collection of the penalty
upon a portion of each lot of peanuts marketed from the farm
equal to the proportion which the acreage of peanuts in excess
of the farm-acreage allotment is of the total acreage of
peanuts on the farm. If the person required to collect the
penalty fails to collect such penalty, such person and all
persons entitled to share in the peanuts marketed from the farm
or the proceeds thereof shall be jointly and severally liable
for the amount of the penalty. All funds collected pursuant to
this section shall be deposited in a special deposit account
with the Treasurer of the United States and such amounts as are
determined, in accordance with regulations prescribed by the
Secretary, to be penalties incurred shall be transferred to the
general fund of the Treasury of the United States. Amounts
collected in excess of determined penalties shall be paid to
such producers as the Secretary determines, in accordance with
regulations prescribed by him, bore the burden of the payment
of the amount collected. Such special account shall be
administered by the Secretary and the basis for, the amount of
and the producer entitled to receive a payment from such
account, when determined in accordance with regulations
prescribed by the Secretary, shall be final and conclusive.
Peanuts produced in a calendar year in which marketing quotas
are in effect for the marketing year beginning therein shall be
subject to such quotas even though the peanuts are marketed
prior to the date on which such marketing year begins. If any
producer falsely identifies or fails to account for the
disposition of any peanuts, an amount of peanuts equal to the
normal yield of the number of acres harvested in excess of the
farm acreage allotment shall be deemed to have been marketed in
excess of the marketing quota for the farm, and the penalty in
respect thereof shall be paid and remitted by the producer. If
any amount of peanuts produced on one farm is falsely
identified by a representation that such peanuts were produced
on another farm, the acreage allotments next established for
both such farms shall be reduced by that percentage which such
amount was of the respective farm marketing quotas, except that
such reduction for any such farm shall not be made if the
Secretary through the local committees finds that no person
connected with such farm caused, aided, or acquiesced in such
marketing; and if proof of the disposition of any amount of
peanuts is not furnished as required by the Secretary, the
acreage allotment next established for the farm on which such
peanuts are produced shall be reduced by a percentage similarly
computed. Notwithstanding any other provisions of this title,
no refund of any penalty shall be made because of peanuts kept
on the farm for seed or for home consumption.
[(b) The provisions of this part shall not apply, beginning
with the 1959 crop, to peanuts produced on any farm on which
the acreage harvested for nuts is one acre or less provided the
producers who share in the peanuts produced on such farm do not
share in the peanuts produced on any other farm. If the
producers who share in the peanuts produced on a farm on which
the acreage harvested for nuts is one acre or less also share
in the peanuts produced on other farm(s) the peanuts produced
on such farm on acreage in excess of the allotment, if any,
determined for the farm shall be considered as excess acreage
and the marketing penalties provided by subsection (a) shall
apply.
[(c) The word ``peanuts'' for the purposes of this Act shall
mean all peanuts produced, excluding any peanuts which it is
established by the producer or otherwise, in accordance with
regulations of the Secretary, were not picked or threshed
either before or after marketing from the farm, or were
marketed by the producer before drying or removal of moisture
from such peanuts either by natural or artificial means for
consumption exclusively as boiled peanuts.
[(d) The person liable for payment or collection of the
penalty provided by this section shall be liable also for
interest thereon at the rate of 6 per centum per annum from the
date the penalty becomes due until the date of payment of such
penalty.
[(e) Until the amount of the penalty provided by this section
is paid, a lien on the crop of peanuts with respect to which
such penalty is incurred, and on any subsequent crop of peanuts
subject to marketing quotas in which the person liable for
payment of the penalty has an interest shall be in effect in
favor of the United States.
[SEC. 358E. MARKETING PENALTIES AND DISPOSITION OF ADDITIONAL PEANUTS.
[(a) Marketing Penalties.--
[(1) In general.--
[(A) Marketing peanuts in excess of quota.--
The marketing of any peanuts for domestic
edible use in excess of the farm poundage quota
for the farm on which the peanuts are produced
shall be subject to penalty at a rate equal to
140 percent of the support price for quota
peanuts for the marketing year in which the
marketing occurs. The penalty shall not apply
to the marketing of breeder or Foundation seed
peanuts grown and marketed by a publicly owned
agricultural experiment station (including a
State operated seed organization) under such
regulations as the Secretary may prescribe.
[(B) Marketing year.--For purposes of this
section, the marketing year for peanuts shall
be the 12-month period beginning August 1 and
ending July 31.
[(C) Marketing additional peanuts.--The
marketing of any additional peanuts from a farm
shall be subject to the same penalty unless the
peanuts, in accordance with regulations
established by the Secretary, are--
[(i) placed under loan at the
additional loan rate in effect for the
peanuts under section 108B of the
Agricultural Act of 1949 and not
redeemed by the producers;
[(ii) marketed through an area
marketing association designated
pursuant to section 108B(c)(1) of the
Agricultural Act of 1949; or
[(iii) marketed under contracts
between handlers and producers pursuant
to subsection (f).
[(2) Payer.--The penalty shall be paid by the person
who buys or otherwise acquires the peanuts from the
producer or, if the peanuts are marketed by the
producer through an agent, the penalty shall be paid by
the agent. The person or agent may deduct an amount
equivalent to the penalty from the price paid to the
producer.
[(3) Failure to collect.--If the person required to
collect the penalty fails to collect the penalty, the
person and all persons entitled to share in the peanuts
marketed from the farm or the proceeds thereof shall be
jointly and severally liable with such persons who
failed to collect the penalty for the amount of the
penalty.
[(4) Application of quota.--Peanuts produced in a
calendar year in which farm poundage quotas are in
effect for the marketing year beginning therein shall
be subject to the quotas even though the peanuts are
marketed prior to the date on which the marketing year
begins.
[(5) False information.--If any producer falsely
identifies, fails to accurately certify planted acres,
or fails to account for the disposition of any peanuts
produced on the planted acres, a quantity of peanuts
equal to the greater of the farm's average or actual
yield, as determined by the Secretary, times the
planted acres, shall be deemed to have been marketed in
violation of permissible uses of quota and additional
peanuts. Any penalty payable under this paragraph shall
be paid and remitted by the producer.
[(6) Unintentional violations.--The Secretary shall
authorize, under such regulations as the Secretary
shall issue, the county committees established under
section 8(b) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)) to waive or reduce
marketing penalties provided for under this subsection
in cases which the committees determine that the
violations that were the basis of the penalties were
unintentional or without knowledge on the part of the
parties concerned.
[(7) De minimis violations.--Errors in weight that do
not exceed one-tenth of 1 percent in the case of any
one marketing document shall not be considered to be
marketing violations except in cases of fraud or
conspiracy.
[(b) Use of Quota and Additional Peanuts.--
[(1) Quota peanuts.--Only quota peanuts may be
retained for use as seed or for other uses on a farm.
When peanuts are so retained, such retention shall be
considered as marketings of quota peanuts, except that
the Secretary may exempt from consideration as
marketings of quota peanuts seeds of peanuts for the
quantity involved that are used to produce peanuts
excluded under section 358d(c), are unique strains, and
are not commercially available.
[(2) Additional peanuts.--Additional peanuts shall
not be retained for use on a farm and shall not be
marketed for domestic edible use, except as provided in
subsection (g).
[(3) Seed.--Except as provided in paragraph (1), seed
for planting of any peanut acreage in the United States
shall be obtained solely from quota peanuts marketed or
considered marketed for domestic edible use.
[(c) Marketing Peanuts With Excess Quantity, Grade, or
Quality.--On a finding by the Secretary that the peanuts
marketed from any crop for domestic edible use by a handler are
larger in quantity or higher in grade or quality than the
peanuts that could reasonably be produced from the quantity of
peanuts having the grade, kernel content, and quality of the
quota peanuts acquired by the handler from the crop for the
marketing, the handler shall be subject to a penalty equal to
140 percent of the loan level for quota peanuts on the quantity
of peanuts that the Secretary determines are in excess of the
quantity, grade, or quality of the peanuts that could
reasonably have been produced from the peanuts so acquired.
[(d) Handling and Disposal of Additional Peanuts.--
[(1) In general.--Except as provided in paragraph
(2), the Secretary shall require that the handling and
disposal of additional peanuts be supervised by agents
of the Secretary or by area marketing associations
designated pursuant to section 108B(c)(1) of the
Agricultural Act of 1949.
[(2) Supervision by nonhandlers.--
[(A) In general.--Supervision of the handling
and disposal of additional peanuts by a handler
shall not be required under paragraph (1) if
the handler agrees in writing, prior to any
handling or disposal of the peanuts, to comply
with regulations that the Secretary shall
issue.
[(B) Regulations.--The regulations issued by
the Secretary under subparagraph (A) shall
include the following provisions:
[(i) Types of exported or crushed
peanuts.--Handlers of shelled or milled
peanuts may export or crush peanuts
classified by type in all of the
following quantities:
[(I) Sound split kernel
peanuts.--Sound split kernel
peanuts purchased by the
handler as additional peanuts
to which, under price support
loan schedules, a mandated
deduction with respect to the
price paid to the producer of
the peanuts would be applied
due to the percentage of the
sound splits.
[(II) Sound mature kernel
peanuts.--Sound mature kernel
peanuts (which term includes
sound split kernel peanuts and
sound whole kernel peanuts) in
an amount equal to the poundage
of the peanuts purchased by the
handler as additional peanuts,
less the total poundage of
sound split kernel peanuts
described in subclause (I).
[(III) Remainder.--The
remaining quantity of total
kernel content of peanuts
purchased by the handler as
additional peanuts.
[(ii) Documentation.--Handlers shall
ensure that any additional peanuts
exported or crushed are evidenced by
onboard bills of lading or other
appropriate documentation as may be
required by the Secretary, or both.
[(iii) Loss of peanuts.--If a handler
suffers a loss of peanuts as a result
of fire, flood, or any other condition
beyond the control of the handler, the
portion of the loss allocated to
contracted additional peanuts shall not
be greater than the portion of the
handler's total peanut purchases for
the year attributable to contracted
additional peanuts purchased for export
or crushing by the handler during the
year.
[(iv) Shrinkage allowance.--
[(I) In general.--The
obligation of a handler to
export or crush peanuts in
quantities described in this
subparagraph shall be reduced
by a shrinkage allowance, to be
determined by the Secretary, to
reflect actual dollar value
shrinkage experienced by
handlers in commercial
operations, except that the
allowance shall not be less
than 4 percent, except as
provided in subclause (II).
[(II) Common industry
practices.--The Secretary may
provide a lower shrinkage
allowance for a handler who
fails to comply with
restrictions on the use of
peanuts, as may be specified by
the Commodity Credit
Corporation, to take into
account common industry
practices.
[(3) Adequate finances and facilities.--A handler
shall submit to the Secretary adequate financial
guarantees, as well as evidence of adequate facilities
and assets, with the facilities under the control and
operation of the handler, to ensure the handler's
compliance with the obligation to export peanuts.
[(4) Commingling of like peanuts.--Quota and
additional peanuts of like type and segregation or
quality may, under regulations issued by the Secretary,
be commingled and exchanged on a dollar value basis to
facilitate warehousing, handling, and marketing.
[(5) Penalty.--
[(A) In general.--Except as provided in
subparagraph (B), the failure by a handler to
comply with regulations issued by the Secretary
governing the disposition and handling of
additional peanuts shall subject the handler to
a penalty at a rate equal to 140 percent of the
loan level for quota peanuts on the quantity of
peanuts involved in the violation.
[(B) Nondelivery.--A handler shall not be
subject to a penalty for failure to export
additional peanuts if the peanuts were not
delivered to the handler.
[(6) Reentry of exported peanuts.--
[(A) Penalty.--If any additional peanuts
exported by a handler are reentered into the
United States in commercial quantities as
determined by the Secretary, the importer of
the peanuts shall be subject to a penalty at a
rate equal to 140 percent of the loan level for
quota peanuts on the quantity of peanuts
reentered.
[(B) Records.--Each person, firm, or handler
who imports peanuts into the United States
shall maintain such records and documents as
are required by the Secretary to ensure
compliance with this subsection.
[(e) Special Export Credits.--
[(1) In general.--The Secretary shall, with due
regard for the integrity of the peanut program,
promulgate regulations that will permit any handler of
peanuts who manufactures peanut products from domestic
edible peanuts to export the products and receive
credit for the fulfillment of export obligations for
the peanut content of the products against which the
export credits the handler may thereafter apply, up to
the amount thereof, equivalent quantities of additional
peanuts of the same type acquired by the handler and
used in the domestic edible market. The peanuts so
acquired for the domestic edible market as provided in
this subsection shall be of the same crop year as the
peanuts used in the manufacture of the products so
exported.
[(2) Certification.--Under such regulations, the
Secretary shall require all handlers who are peanut
product manufacturers to submit annual certifications
of peanut product content on a product-by-product
basis. Any changes in peanut product formulas as
affecting peanut content shall be recorded within 90
days of the changes. The Secretary shall conduct an
annual review of the certifications. The Secretary
shall pursue all available remedies with respect to
persons who fail to comply with this paragraph.
[(3) Records.--The Secretary shall require handlers
who are peanut product manufacturers to maintain and
provide such documents as are necessary to ensure
compliance with this subsection and to maintain the
integrity of the peanut program.
[(f) Contracts for Purchase of Additional Peanuts.--
[(1) In general.--Handlers may, under such
regulations as the Secretary may issue, contract with
producers for the purchase of additional peanuts for
crushing or export, or both.
[(2) Submission to secretary.--
[(A) Contract deadline.--Any such contract
shall be completed and submitted to the
Secretary (or if designated by the Secretary,
the area marketing association) for approval
not later than September 15 of the year in
which the crop is produced.
[(B) Extension of deadline.--The Secretary
may extend the deadline under subparagraph (A)
by up to 15 days in response to damaging
weather or related condition (as defined in
section 112 of the Disaster Assistance Act of
1989 (7 U.S.C. 1421 et seq.)). The Secretary
shall announce the extension no later than
September 5 of the year in which the crop is
produced.
[(3) Form.--The contract shall be executed on a form
prescribed by the Secretary. The form shall require
such information as the Secretary determines
appropriate to ensure the proper handling of the
additional peanuts, including the identity of the
contracting parties, the poundage, and category of the
peanuts, the disclosure of any liens, and the intended
disposition of the peanuts.
[(4) Information for handling and processing
additional peanuts.--Notwithstanding any other
provision of this section, any person wishing to handle
and process additional peanuts as a handler shall
submit to the Secretary (or if designated by the
Secretary, the area marketing association), such
information as may be required under subsection (d) by
such date as prescribed by the Secretary so as to
permit final action to be taken on the application by
July 1 of each marketing year.
[(5) Terms.--Each such contract shall contain the
final price to be paid by the handler for the peanuts
involved and a specific prohibition against the
disposition of the peanuts for domestic edible or seed
use.
[(6) Suspension of restrictions on imported
peanuts.--Notwithstanding any other provision of this
Act, if the President issues a proclamation under
section 404(b) of the Uruguay Round Agreements Act
expanding the quantity of peanuts subject to the in-
quota rate of duty under a tariff-rate quota, or under
section 22 of the Agricultural Adjustment Act (7 U.S.C.
624), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, temporarily suspending
restrictions on the importation of peanuts, the
Secretary shall, subject to such terms and conditions
as the Secretary may prescribe, permit a handler, with
the written consent of the producer, to purchase
additional peanuts from any producer who contracted
with the handler and to offer the peanuts for sale for
domestic edible use.
[(g) Marketing of Peanuts Owned or Controlled by the
Commodity Credit Corporation.--
[(1) In general.--Subject to section 407 of the
Agricultural Act of 1949 (7 U.S.C. 1427), any peanuts
owned or controlled by the Commodity Credit Corporation
may be made available for domestic edible use, in
accordance with regulations issued by the Secretary, so
long as doing so does not result in substantially
increased cost to the Commodity Credit Corporation.
Additional peanuts received under loan shall be offered
for sale for domestic edible use at prices not less
than those required to cover all costs incurred with
respect to the peanuts for such items as inspection,
warehousing, shrinkage, and other expenses, plus--
[(A) not less than 100 percent of the loan
value of quota peanuts if the additional
peanuts are sold and paid for during the
harvest season on delivery by and with the
written consent of the producer;
[(B) not less than 105 percent of the loan
value of quota peanuts if the additional
peanuts are sold after delivery by the producer
but not later than December 31 of the marketing
year; or
[(C) not less than 107 percent of the loan
value of quota peanuts if the additional
peanuts are sold later than December 31 of the
marketing year.
[(2) Acceptance of bids by area marketing
associations.--
[(A) In general.--Except as provided in
subparagraph (B), for the period from the date
additional peanuts are delivered for loan to
March 1 of the calendar year following the year
in which the additional peanuts were harvested,
the area marketing association designated
pursuant to section 108B(c)(1) of the
Agricultural Act of 1949 shall have sole
authority to accept or reject lot list bids
when the sales price, as determined under this
subsection, equals or exceeds the minimum price
at which the Commodity Credit Corporation may
sell its stocks of additional peanuts.
[(B) Modification.--The area marketing
association and the Commodity Credit
Corporation may agree to modify the authority
granted by subparagraph (A) to facilitate the
orderly marketing of additional peanuts.
[(3) Producer marketing and expenses.--
Notwithstanding any other provision of this Act, the
Secretary shall, in any determination required under
subsections (a)(2) and (b)(1) of section 108B of the
Agricultural Act of 1949, include any additional
marketing expenses required by law, excluding the
amount of any assessment required under the Omnibus
Budget Reconciliation Act of 1990.
[(h) Administration.--
[(1) Interest.--The person liable for payment or
collection of any penalty provided for in this section
shall be liable also for interest thereon at a rate per
annum equal to the rate per annum of interest that was
charged the Commodity Credit Corporation by the
Treasury of the United States on the date the penalty
became due.
[(2) De minimis quantity.--This section shall not
apply to peanuts produced on any farm on which the
acreage harvested for nuts is one acre or less if the
producers who share in the peanuts produced on the farm
do not share in the peanuts produced on any other farm.
[(3) Liens.--Until the amount of the penalty provided
by this section is paid, a lien on the crop of peanuts
with respect to which the penalty is incurred, and on
any subsequent crop of peanuts subject to farm poundage
quotas in which the person liable for payment of the
penalty has an interest, shall be in effect in favor of
the United States.
[(4) Penalties.--
[(A) Procedures.--Notwithstanding any other
provision of law, the liability for and the
amount of any penalty assessed under this
section shall be determined in accordance with
such procedures as the Secretary by regulation
may prescribe. The facts constituting the basis
for determining the liability for or amount of
any penalty assessed under this section, when
officially determined in conformity with the
applicable regulations prescribed by the
Secretary, shall be final and conclusive and
shall not be reviewable by any other officer or
agency of the Government.
[(B) Judicial review.--Nothing in this
section shall be construed as prohibiting any
court of competent jurisdiction from reviewing
any determination made by the Secretary with
respect to whether the determination was made
in conformity with the applicable law and
regulations.
[(C) Civil penalties.--All penalties imposed
under this section shall for all purposes be
considered civil penalties.
[(5) Reduction of penalties.--
[(A) In general.--Notwithstanding any other
provision of law and except as provided in
subparagraph (B), the Secretary may reduce the
amount of any penalty assessed against handlers
under this section by any appropriate amount,
including, in an appropriate case, eliminating
the penalty entirely, if the Secretary finds
that the violation on which the penalty is
based was minor or inadvertent, and that the
reduction of the penalty will not impair the
operation of the peanut program.
[(B) Failure to export contracted additional
peanuts.--The amount of any penalty imposed on
a handler under this section that resulted from
the failure to export or crush contracted
additional peanuts shall not be reduced by the
Secretary.
[(i) Crops.--Notwithstanding any other provision of law, this
section shall be effective only for the 1991 through 2002.]
[PART VII--MARKETING QUOTAS--SUGAR AND CRYSTALLINE FRUCTOSE]
PART VII--FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR
* * * * * * *
[SEC. 359A. INFORMATION REPORTING.
[(a) Duty of Processors, Refiners and Manufacturers to
Report.--
[(1) Processors and refiners.--All sugarcane
processors, cane sugar refiners, and sugar beet
processors shall furnish the Secretary, on a monthly
basis, such information as the Secretary may require to
administer sugar programs, including the quantity of
purchases of sugarcane, sugar beets, and sugar, and
production, importation, distribution, and stock levels
of sugar.
[(2) Manufacturers of crystalline fructose.--All
manufacturers of crystalline fructose from corn
(hereafter in this part referred to as ``crystalline
fructose'') shall furnish the Secretary, on a monthly
basis, such information as the Secretary may require
with respect to the manufacturer's distribution of
crystalline fructose.
[(b) Duty of Producers To Report.--The Secretary may require
a producer of sugarcane or sugar beets to report, in the manner
prescribed by the Secretary, the producer's sugarcane or sugar
beet yields and acres planted to sugarcane or sugar beets,
respectively.
[(c) Penalty.--Any person willfully failing or refusing to
furnish the information, or furnishing willfully any false
information, shall be subject to a civil penalty of not more
than $10,000 for each such violation.
[(d) Monthly Reports.--Taking into consideration the
information received under subsection (a), the Secretary shall
publish on a monthly basis composite data on production,
imports, distribution, and stock levels of sugar and composite
data on distributions of crystalline fructose.]
SEC. 359B. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR [AND CRYSTALLINE
FRUCTOSE].
(a) Sugar Estimates.--
(1) In general.--[Before] Not later than August 1
before the beginning of each of the fiscal years [1992
through 1998] 2002 through 2011, the Secretary shall
estimate--
(A) the quantity of sugar that will be
consumed in the United States during the fiscal
year [(other than sugar imported for the
production of polyhydric alcohol or to be
refined and reexported in refined form or in
sugar containing products) and the quantity of
sugar that would provide for reasonable
carryover stocks];
(B) the quantity of sugar that would provide
for reasonable carryover stocks;
[(B)] (C) the quantity of sugar that will be
available from carry-in stocks [or from
domestically-produced sugarcane and sugar
beets] for consumption in the United States
during the year; [and]
(D) the quantity of sugar that will be
available from the domestic processing of
sugarcane and sugar beets; and
[(C)] (E) the [quantity of sugar] quantity of
sugars, syrups, and molasses that will be
imported for human consumption or to be used
for the extraction of sugar for human
consumption in the United States during the
[year (other than sugar imported for the
production of polyhydric alcohol or to be
refined and reexported in a refined form or in
sugar containing products), based on the
difference between--
[(i) the sum of the quantity of
estimated consumption and reasonable
carryover stocks; and
[(ii) the quantity of sugar estimated
to be available from domestically-
produced sugarcane and sugar beets and
from carry-in stocks] year, whether
such articles are under a tariff-rate
quota or are in excess or outside of a
tariff rate quota.
(2) Exclusion.--The estimates in this section shall
not include sugar imported for the production of
polyhydric alcohol or to be refined and re-exported in
refined form or in sugar containing products.
[(2) Quarterly reestimates] (3) Reestimates.--The
Secretary shall make quarterly reestimates of sugar
consumption, stocks, production, and imports for a
fiscal year as necessary, but no later than the
beginning of each of the second through fourth quarters
of the fiscal year.
(b) Sugar Allotments.--
[(1) In general.--For any fiscal year in which the
Secretary estimates, under subsection (a)(1)(C), that
imports of sugar for consumption in the United States
(other than sugar imported for the production of
polyhydric alcohol or to be refined and reexported in
refined form or in sugar containing products) will be
less than 1,250,000 short tons, raw value, the
Secretary shall establish for that year appropriate
allotments under section 359c for the marketing by
processors of sugar processed from domestically-
produced sugarcane and sugar beets, at a level that the
Secretary estimates will result in imports of sugar of
not less than 1,250,000 short tons, raw value, for that
year.]
(1) In general.--By the beginning of each fiscal
year, the Secretary shall establish for that fiscal
year appropriate allotments under section 359c for the
marketing by processors of sugar processed from sugar
beets and from domestically-produced sugarcane at a
level that the Secretary estimates will result in no
forfeitures of sugar to the Commodity Credit
Corporation under the loan program for sugar.
(2) Products.--The Secretary may include sugar
products, whose majority content is sucrose [or
crystalline fructose] for human consumption, derived
from sugarcane, sugar beets, molasses or sugar in the
allotments under paragraph (1) if the Secretary
determines it to be appropriate for purposes of this
part.
[(c) Crystalline Fructose Allotments.--For any fiscal year in
which the Secretary establishes allotments for the marketing of
sugar under section 359c, the Secretary shall establish for
that year appropriate allotments for the marketing by
manufacturers of crystalline fructose manufactured from corn,
at a total level not to exceed the equivalent of 200,000 tons
of sugar, raw value, during the fiscal year, in a manner that
is fair, efficient, and equitable to manufacturers. ]
[(d)] (c) Prohibitions.--
(1) * * *
[(2) Crystalline fructose.--At any time crystalline
fructose allotments are in effect for manufacturers
under subsection (c), no manufacturer may market
crystalline fructose in excess of the manufacturer's
allotment. No restrictions or allotments shall be
established on the marketings of any liquid fructose
produced from corn.]
[(3)] (2) Civil penalty.--Any processor who knowingly
violates paragraph (1) [or manufacturer who knowingly
violates paragraph (2)] shall be liable to the
Commodity Credit Corporation for a civil penalty in an
amount equal to 3 times the United States market value,
at the time of the commission of the violation, of that
quantity of sugar [or crystalline fructose] involved in
the violation.
[(4)] (3) Definition of market.--For purposes of this
part, the term ``market'' shall mean to sell or
otherwise dispose of in commerce in the United States
(including, with respect to any integrated processor
and refiner, the movement of raw cane sugar into the
refining process).
SEC. 359C. ESTABLISHMENT OF FLEXIBLE MARKETING ALLOTMENTS.
(a) In General.--The Secretary shall establish flexible
marketing allotments for sugar for any fiscal year in which the
allotments are required under section 359b(b) in accordance
with this section.
(b) Overall Allotment Quantity.--
(1) In general.--The Secretary shall establish the
overall quantity of sugar to be allotted for the fiscal
year (hereafter in this part referred to as the
``overall allotment quantity'') by deducting from the
sum of the estimated sugar consumption and reasonable
carryover stocks (at the end of the fiscal year) for
the fiscal year, as determined under section 359b(a)--
(A) [1,250,000] 1,532,000 short tons, raw
value; and
* * * * * * *
(2) Adjustment.--The Secretary shall adjust the
overall allotment quantity [to the maximum extent
practicable] to avoid the forfeiture of sugar to the
Commodity Credit Corporation.
[(c) Allotment.--The overall allotment quantity for the
fiscal year shall be allotted among--
[(1) sugar derived from sugar beets; and
[(2) sugar derived from sugarcane.
[(d) Percentage Factors.--
[(1) In general.--The Secretary shall establish
percentage factors for the overall beet sugar and cane
sugar allotments applicable for a fiscal year. The
Secretary shall establish the percentage factors in a
fair and equitable manner on the basis of past
marketings of sugar (considering for such purposes the
marketings of sugar processed from sugarcane and sugar
beets of any or all of the 1985 through 1989 crops),
processing and refining capacity, and the ability of
processors to market the sugar covered under the
allotments.
[(2) Publication.--The Secretary shall publish these
percentage factors in the Federal Register, along with
a description of the Secretary's reasons for
establishing the factors, as provided in section
359h(c).
[(e) Marketing Allotment.--The marketing allotment for sugar
derived from sugarcane and the marketing allotment for sugar
derived from sugar beets for a fiscal year, in each case, shall
be a quantity equal to the product of multiplying the overall
allotment quantity for the fiscal year by the percentage factor
established by the Secretary under subsection (d)(1) for the
allotment.]
(c) Marketing Allotment for Sugar Derived From Sugar Beets
and Marketing Allotment for Sugar Derived From Sugarcane.--The
overall allotment quantity for the fiscal year shall be
allotted among--
(1) sugar derived from sugarbeets by establishing a
marketing allotment for a fiscal year at a quantity
equal to the product of multiplying the overall
allotment quantity for the fiscal year by the
percentage of 54.35; and
(2) sugar derived from sugarcane by establishing a
marketing allotment for a fiscal year at a quantity
equal to the product of multiplying the overall
allotment quantity for the fiscal year by the
percentage of 45.65.
(d) Filling Cane Sugar and Beet Sugar Allotments.--Each
marketing allotment for cane sugar established under this
section may only be filled with sugar processed from
domestically grown sugarcane, and each marketing allotment for
beet sugar established under this section may only be filled
with sugar domestically processed from sugar beets.
[(f)] (e) State Cane Sugar Allotments.--
(1) In general.--The allotment for sugar derived from
sugarcane shall be further allotted, among [the 5] the
States in the United States in which sugarcane is
produced, after a hearing, if requested by the affected
sugar cane processors and growers, and on such notice
as the Secretary by regulation may prescribe, in a fair
and equitable manner [on the basis of past marketings
of sugar (considering for such purposes the average of
marketings of sugar processed from sugarcane in the 2
highest years of production from each State from the
1985 through 1989 crops), processing capacity, and the
ability of processors to market the sugar covered under
the allotments] as provided in this subsection and
section 359(d)(a)(2)(A)(iv).
(2) Offshore allotment.--
(A) Collectively.--Prior to the allotment of
sugar derived from sugarcane to any other
State, 325,000 short tons, raw value shall be
allotted to the offshore States.
(B) Individually.--The collective offshore
State allotment provided for under subparagraph
(A) shall be further allotted among the
offshore States in which sugarcane is produced,
after a hearing if requested by the affected
sugar cane processors and growers, and on such
notice as the Secretary by regulation may
prescribe, in a fair and equitable manner on
the basis of--
(i) past marketings of sugar, based
on the average of the 2 highest years
of production of raw cane sugar from
the 1996 through 2000 crops;
(ii) the ability of processors to
market the sugar covered under the
allotments for the crop year; and
(iii) past processings of sugar from
sugarcane based on the 3 year average
of the crop years 1998 through 2000.
(3) Mainland allotment.--The allotment for sugar
derived from sugarcane, less the amount provided for
under paragraph (2), shall be allotted among the
mainland States in the United States in which sugarcane
is produced, after a hearing if requested by the
affected sugar cane processors and growers, and on such
notice as the Secretary by regulation may prescribe, in
a fair and equitable manner on the basis of--
(A) past marketings of sugar, based on the
average of the 2 highest years of production of
raw cane sugar from the 1996 through 2000
crops;
(B) the ability of processors to market the
sugar covered under the allotments for the crop
year; and
(C) past processings of sugar from sugarcane,
based on the 3 crop years with the greatest
processings (in the mainland States
collectively) during the 1991 through 2000 crop
years.
(f) Filling Cane Sugar Allotments.--Except as otherwise
provided in section 359e, a State cane sugar allotment
established under subsection (e) for a fiscal year may be
filled only with sugar processed from sugarcane grown in the
State covered by the allotment.
(g) Adjustment of Marketing Allotments.--
(1) In general.--The Secretary shall, based on
reestimates under section [359b(a)(2)--
[(A) adjust upward or downward marketing
allotments established under subsections (a)
through (f) in a fair and equitable manner;
[(B) establish marketing allotments for the
fiscal year or any portion of such fiscal year;
or
[(C) suspend the allotments,] 359b(a)(3),
adjust upward or downward marketing allotments
in a fair and equitable manner
as the Secretary determines appropriate, to reflect
changes in estimated sugar consumption, stocks,
production, or imports.
(2) Allocation to processors.--In the case of any
increase or decrease in an allotment, each allocation
to a processor of the allotment under section 359d, and
each proportionate share established with respect to
the allotment under section [359f(b)] 359f(c), shall be
increased or decreased by the same percentage that the
allotment is increased or decreased.
(3) [Reductions] Carry-over of reductions.--Whenever
a marketing allotment for a fiscal year is required to
be reduced during the fiscal year under this
subsection, if at the time of the reduction the
quantity of sugar marketed, including sugar pledged as
collateral for a [price support] nonrecourse loan under
section [206 of the Agricultural Act of 1949 (7 U.S.C.
1446g), for the fiscal year at the time of the
reduction by any individual processor covered by the
allotment] 156 of the Agricultural Market Transition
Act (7 U.S.C. 7272), exceeds the processor's reduced
allocation, the allocation of an allotment[, if any,]
next established for the processor shall be reduced by
the quantity of the excess sugar marketed.
[(h) Filling Cane Sugar and Beet Sugar Allotments.--Each
marketing allotment for cane sugar established under this
section may only be filled with sugar processed from
domestically grown sugarcane, and each marketing allotment for
beet sugar established under this section may only be filled
with sugar processed from domestically grown sugar beets.]
(h) Suspension of Allotments.--Whenever the Secretary
estimates, or reestimates, under section 359b(a), or has reason
to believe that imports of sugars, syrups or molasses for human
consumption or to be used for the extraction of sugar for human
consumption, whether under a tariff-rate quota or in excess or
outside of a tariff-rate quota, will exceed 1.532 million short
tons, raw value equivalent, and that such imports would lead to
a reduction of the overall allotment quantity, the Secretary
shall suspend the marketing allotments until such time as such
imports have been restricted, eliminated, or otherwise reduced
to or below the level of 1.532 million tons.
SEC. 359D. ALLOCATION OF MARKETING ALLOTMENTS.
(a) In General.--
(1) * * *
(2) Hearing and notice.--
(A) Cane sugar.--
(i) In general.--The Secretary shall
make allocations for cane sugar after a
hearing, if requested by [interested
parties] the affected sugar cane
processors and growers, and on such
notice as the Secretary by regulation
may prescribe, in such manner and in
such quantities as to provide a fair,
efficient, and equitable distribution
of the allocations [by taking into
consideration processing capacity, past
marketings of sugar, and the ability of
each processor to market sugar covered
by that portion of the allotment
allocated.] with this subparagraph.
Each such allocation shall be subject
to adjustment under section 359c(g).
Each such allocation shall be subject
to adjustment under section 359c(g).
(ii) Multiple processor states.--
Except as provided in clause (iii), the
Secretary shall allocate the allotment
for cane sugar among multiple cane
sugar processors in a single State
based upon--
(I) past marketings of sugar,
based on the average of the 2
highest years of production of
raw cane sugar from among the
1996 through 2000 crops;
(II) the ability of
processors to market sugar
covered by that portion of the
allotment allocated for the
crop year;
(III) past processings of
sugar from sugarcane, based on
the average of the 3 highest
years from among crop years
1996 through 2000; and
(IV) however, only with
respect to allotments under
subclauses (I), (II), and (III)
attributable to the former
operations of the Talisman
processing facility, shall be
allocated among processors in
the State coincident with the
provisions of the agreements of
March 25 and March 26, 1999,
between the affected processors
and the Department of the
Interior.
(iii) Proportionate share states.--In
the case of States subject to section
359f(c), the Secretary shall allocate
the allotment for cane sugar among
multiple cane sugar processors in a
single state based upon--
(I) past marketings of sugar,
based on the average of the two
highest years of production of
raw cane sugar from among the
1997 through 2001 crop years;
(II) the ability of
processors to market sugar
covered by that portion of the
allotments allocated for the
crop year; and
(III) past processings of
sugar from sugarcane, based on
the average of the two highest
crop years from the five crop
years 1997 through 2001.
(iv) New entrants.--Notwithstanding
clauses (ii) and (iii), the Secretary,
on application of any processor that
begins processing sugarcane on or after
the date of enactment of this clause,
and after a hearing if requested by the
affected sugarcane processors and
growers, and on such notice as the
Secretary by regulation may prescribe,
may provide such processor with an
allocation which provides a fair,
efficient and equitable distribution of
the allocations from the allotment for
the State in which the processor is
located and, in the case of
proportionate share States, shall
establish proportionate shares in an
amount sufficient to produce the
sugarcane required to satisfy such
allocations. However, the allotment for
a new processor under this clause shall
not exceed 50,000 short tons, raw
value.
(v) Transfer of ownership.--Except as
otherwise provided in section
359f(c)(8), in the event that a
sugarcane processor is sold or
otherwise transferred to another owner,
or closed as part of an affiliated
corporate group processing
consolidation, the Secretary shall
transfer the allotment allocation for
the processor to the purchaser, new
owner, or successor in interest, as
applicable, of the processor.
(B) Beet sugar.--The Secretary shall make
allocations for beet sugar after a hearing, if
requested by [interested parties] the affected
sugar beet processors and growers, and on such
notice as the Secretary by regulation may
prescribe, in such manner and in such
quantities as to provide a fair, efficient, and
equitable distribution of the allocations by
taking into consideration [processing capacity,
past marketings of sugar (considering for the
purposes the marketings of sugar processed from
sugar beets of any or all of the 1985 through
1989 crops), and the ability of each processor
to market sugar covered by that portion of the
allotment allocated] the marketings of sugar
processed from sugar beets of any or all of the
1996 through 2000 crops, and such other factors
as the Secretary may deem appropriate after
consultation with the affected sugar beet
processors and growers. However, in the case of
any processor which has started processing
sugar beets after January 1, 1996, the
Secretary shall provide such processor with an
allocation which provides a fair, efficient and
equitable distribution of the allocations..
Each such allocation shall be subject to
adjustment under section 359c(g).
* * * * * * *
SEC. 359E. REASSIGNMENT OF DEFICITS.
(a) * * *
(b) Reassignment of Deficits.--
(1) Cane sugar.--If the Secretary determines that any
sugarcane processor who has been allocated a share of a
State cane sugar allotment will be unable to market the
processor's allocation of the State's allotment for the
fiscal year--
(A) * * *
(B) if after the reassignments the deficit
cannot be completely eliminated, the Secretary
shall reassign the estimated quantity of the
deficit proportionately to the allotments for
other cane sugar States, depending on the
capacity of each other State to fill the
portion of the deficit to be assigned to it,
with the reassigned quantity to each State to
be allocated among processors in that State in
proportion to the allocations of the
processors; [and]
(C) if after the reassignments, the deficit
cannot be completely eliminated, the Secretary
shall reassign the estimated quantity of the
deficit to the sale of any inventories of sugar
held by the Commodity Credit Corporation; and
[(C)] (D) if after the reassignments and
sales, the deficit cannot be completely
eliminated, the Secretary shall reassign the
remainder to imports.
(2) Beet sugar.--If the Secretary determines that a
sugar beet processor who has been allocated a share of
the beet sugar allotment will be unable to market that
allocation--
(A) the Secretary first shall reassign the
estimated quantity of the deficit to the
allotments for other sugar beet processors,
depending on the capacity of each other
processor to fill the portion of the deficit to
be assigned to it and taking into account the
interests of producers served by the
processors; [and]
(B) if after the reassignments, the deficit
cannot be completely eliminated, the Secretary
shall [reassign the remainder to imports.] use
the estimated quantity of the deficit for the
sale of any inventories of sugar held by the
Commodity Credit Corporation; and
(C) if after such reassignments and sales,
the deficit cannot be completely eliminated,
the Secretary shall reassign the remainder to
imports.
* * * * * * *
SEC. 359F. PROVISIONS APPLICABLE TO PRODUCERS.
(a) Processor Assurances.--Whenever allotments for a fiscal
year are allocated to processors under section 359d, the
Secretary shall obtain from the processors such assurances as
the Secretary considers adequate that the allocation will be
shared among producers served by the processor in a fair and
equitable manner that adequately reflects producers' production
histories. Any dispute between a processor and a producer, or
group of producers, with respect to the sharing of the
[processor's allocation] allocation to the processor shall be
resolved through arbitration by the Secretary on the request of
either party, and such arbitration should be completed within
45 days, but not more than 60 days, of the request.
(b) Sugar Beet Processing Facility Closures.-- In the event
that a sugar beet processing facility is closed and the sugar
beet growers who previously delivered beets to such facility
desire to deliver their beets to another processing company:
(1) Such growers may petition the Secretary to modify
existing allocations to accommodate such a transition;
and
(2) The Secretary may increase the allocation to the
processing company to which the growers desire to
deliver their sugar beets, and which the processing
company agrees to accept, not to exceed its processing
capacity, to accommodate the change in deliveries.
(3) Such increased allocation shall be deducted from
the allocation to the company that owned the processing
facility that has been closed and the remaining
allocation will be unaffected.
(4) The Secretary's determination on the issues
raised by the petition shall be made within 60 days of
the filing of the petition.
[(b)] (c) Proportionate Shares of Certain Allotments.--
(1) * * *
* * * * * * *
(3) Method of determining.--For purposes of
determining proportionate shares for any crop of
sugarcane:
(A) The Secretary shall establish the State's
per-acre yield goal for a crop of sugarcane at
a level (not less than the average per-acre
yield in the State for [the preceding 5 years]
the two highest years from among the years
1999, 2000, and 2001, as determined by the
Secretary) that will ensure an adequate net
return per pound to producers in the State,
taking into consideration any available
production research data that the Secretary
considers relevant.
* * * * * * *
(4) Acreage base.--For purposes of this subsection,
the acreage base for each sugarcane-producing farm
shall be determined by the Secretary, as follows:
(A) The acreage base for any farm shall be
the number of acres that is equal to the
average of the acreage planted and considered
planted for harvest for sugar or seed on the
farm in [each of the 5 crop years preceding the
fiscal year the proportionate share will be in
effect] the two highest of the three (3) crop
years 1999, 2000, and 2001.
* * * * * * *
(8) Processing facility closures.--In the event that
a sugarcane processing facility subject to this
subsection is closed and the sugarcane growers who
previously delivered sugarcane to such facility desire
to deliver their sugarcane to another processing
company--
(A) such growers may petition the Secretary
to modify existing allocations to accommodate
such a transition;
(B) the Secretary may increase the allocation
to the processing company to which the growers
desire to deliver the sugarcane, and which the
processing company agrees to accept, not to
exceed its processing capacity, to accommodate
the change in deliveries;
(C) such increased allocation shall be
deducted from the allocation to the company
that owned the processing facility that has
been closed and the remaining allocation will
be unaffected; and
(D) the Secretary's determination on the
issues raised by the petition shall be made
within 60 days of the filing of the petition.
SEC. 359G. SPECIAL RULES.
(a) Transfer of Acreage Base History.--For the purpose of
establishing proportionate shares for sugarcane farms under
section 359f(c), the Secretary, on application of any producer,
with the written consent of all owners of a farm, may transfer
the acreage base history of the farm to any other parcels of
land of the applicant.
(b) Preservation of Acreage Base History.--If for reasons
beyond the control of a producer on a farm, the producer is
unable to harvest an acreage of sugarcane for sugar or seed
with respect to all or a portion of the proportionate share
established for the farm under section 359f(c), the Secretary,
on the application of the producer and with the written consent
of all owners of the farm, may preserve for a period of not
more than [3] 5 consecutive years the acreage base history of
the farm to the extent of the proportionate share involved. The
Secretary may permit the proportionate share to be
redistributed to other farms, but no acreage base history for
purposes of establishing acreage bases shall accrue to the
other farms by virtue of the redistribution of the
proportionate share.
(c) Revisions of Allocations and Proportionate Shares.--The
Secretary, after such notice as the Secretary by regulation may
prescribe, may revise or amend any allocation of a marketing
allotment under section 359d, or any proportionate share
established or adjusted for a farm under section 359f(c), on
the same basis as the initial allocation or proportionate share
was required to be established.
* * * * * * *
SEC. 359J. ADMINISTRATION.
(a) * * *
* * * * * * *
(c) [Definition of United States and State.--Notwithstanding]
Definitions.--
(1) United states and state.--Notwithstanding section
301, for purposes of this part, the terms ``United
States'' and ``State'' means the 50 States, the
District of Columbia, and the Commonwealth of Puerto
Rico.
(2) Offshore states.--For purposes of this part, the
term ``offshore States'' means the sugarcane producing
States located outside of the continental United
States.
* * * * * * *
----------
AGRICULTURAL ACT OF 1949
TITLE I--BASIC AGRICULTURAL COMMODITIES
Sec. 101. The Secretary of Agriculture (hereinafter called
the ``Secretary'') is authorized and directed to make available
through loans, purchases, or other operations, price support to
cooperators for any crop of any basic agricultural commodity,
if producers have not disapproved marketing quotas for such
crop, at a level not in excess of 90 per centum of the parity
price of the commodity nor less than the level provided in
subsections (a), (b), and (c) as follows:
(a) * * *
(b) For cotton [and peanuts], if the supply
percentage as of the beginning of the marketing year
is:
The level of support shall be not less than the following percentage of
the parity price:
More than 108............................................. 90
More than 108 but not more than 110....................... 89
More than 110 but not more than 112....................... 88
More than 112 but not more than 114....................... 87
More than 114 but not more than 116....................... 86
More than 116 but not more than 118....................... 85
More than 118 but not more than 120....................... 84
More than 120 but not more than 122....................... 83
More than 122 but not more than 124....................... 82
More than 124 but not more than 125....................... 81
More than 125 but not more than 126....................... 80
More than 126 but not more than 127....................... 79
More than 127 but not more than 128....................... 78
More than 128 but not more than 129....................... 77
More than 129 but not more than 130....................... 76
More than 130............................................. 75
* * * * * * *
TITLE IV--MISCELLANEOUS
* * * * * * *
Sec. 408. For the purposes of this Act--
(a) * * *
* * * * * * *
(c) A ``basic agricultural commodity'' shall mean corn,
cotton, [peanuts,] rice, tobacco, and wheat, respectively.
* * * * * * *
----------
AGRICULTURE AND FOOD ACT OF 1981
* * * * * * *
TITLE XI--MISCELLANEOUS
Subtitle A--Miscellaneous Commodity Provisions
* * * * * * *
DISTRIBUTION OF SURPLUS COMMODITIES; SPECIAL NUTRITION PROJECTS
Sec. 1114. (a)(1) * * *
(2)(A) Effective through September 30, [2002] 2011, whenever
a commodity is made available without charge or credit under
any nutrition program administered by the Secretary of
Agriculture, the Secretary shall encourage consumption of such
commodity through agreements with private companies under which
the commodity is reprocessed into end-food products for use by
eligible recipient agencies. The expense of reprocessing shall
be paid by such eligible recipient agencies.
* * * * * * *
TITLE XV--RESOURCE CONSERVATION
* * * * * * *
Subtitle H--Resource Conservation and Development Program
[PURPOSE
[Sec. 1528. It is the purpose]
SEC. 1528. STATEMENT OF PURPOSE.
It is the purpose of this subtitle to encourage and improve
the capability of State and local units of government and local
nonprofit organizations through designated RC&D councils in
rural areas to plan, develop, and carry out programs for
resource conservation and development.
[DEFINITIONS
[Sec. 1529. As used in this subtitle--]
SEC. 1529. DEFINITIONS.
In this title:
(1) The term ``RC&D council area plan'' means a
resource conservation and utilization plan which is
developed for a designated area of a State or States
through a planning process and which includes one or
more of the following elements:
(A) a land conservation element, the purpose
of which shall be to control erosion and
sedimentation;
(B) a water management element, the purpose
of which shall be to provide for the
conservation, utilization, and quality of
water, including irrigation and rural water
supplies, the mitigation of floods and high
water tables, construction, repair, and
improvement of dams and reservoirs, improvement
of agricultural water management, and
improvement of water quality [through control
of nonpoint sources of pollution];
(C) a community development element, the
purpose of which shall be the development of
[natural resources based] resource-based
industries, protection of rural industries from
natural resource hazards, [development of
aquaculture,] development of adequate rural
water and waste disposal systems, improvement
of recreation facilities, improvement in the
quality of rural housing, provision of adequate
health and education facilities, [and]
satisfaction of essential transportation and
communication needs food security, economic
development, and education; or
(D) [other] land management elements, the
purpose of which may include energy
conservation or protection of agricultural
land, as appropriate, from conversion to other
uses, or protection of fish and wildlife
habitats.
* * * * * * *
(3) The term ``planning process'' means the
continuous effort by [any State, local unit of
government, or local nonprofit organization] the
designated RC&D council to develop and carry out
effective resource conservation and utilization plans
for a designated area, including development of an area
plan, goals, objectives, policies, implementation
activities, evaluations and reviews, and the
opportunity for public participation in such efforts.
[(4) The term ``financial assistance'' means the
cost-sharing arrangements that are available under this
subtitle through Federal contracts, grants, or loans.
[(5) The term ``local unit of government'' means any
county, city, town, township, parish, village, or other
general-purpose subdivision of a State, any local or
regional special district or other limited political
subdivision of a State, including any soil conservation
district, school district, park authority, and water or
sanitary district, or any Indian tribe or tribal
organization established under Federal, State, or
Indian tribal law.
[(6) The term ``nonprofit organization'' means any
community association, wildlife group, or resource
conservation organization that is incorporated and
approved by the Secretary for the purpose of providing
to any rural area those public facilities or services
included in the area plan for such rural area.]
(4)(A) The term ``financial assistance'' means the
Secretary may--
(i) provide funds directly to RC&D councils
or associations of RC&D councils through
grants, cooperative agreements, and interagency
agreements that directly implement RC&D area
plans; and
(ii) may join with other federal agencies
through interagency agreements and other
arrangements as needed to carry out the
program's purpose.
(B) Funds may be used for such things as--
(i) technical assistance;
(ii) financial assistance in the form of
grants for planning, analysis and feasibility
studies, and business plans;
(iii) training and education; and
(iv) all costs associated with making such
services available to RC&D councils or RC&D
associations.
(5) The term ``RC&D council'' means the responsible
leadership of the RC&D area. RC&D councils and
associations are non-profit entities whose members are
volunteers and include local civic and elected
officials. Affiliations of RC&D councils are formed in
states and regions.
[(7)] (6) The term ``Secretary'' means the Secretary
of Agriculture.
[(8)] (7) The term ``State'' means the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States,
Guam, the Commonwealth of the Northern Mariana Islands,
the Trust Territory of the Pacific Islands, and
American Samoa and federally recognized Indian tribes.
[(9)] (8) The term ``technical assistance'' means any
service provided by personnel of the Department of
Agriculture or non-Federal personnel working through
the Department of Agriculture, including, but not
limited to, inventorying, evaluating, planning,
designing, supervising, laying out and inspecting
[works of improvement] projects, and the providing of
maps, reports, and other documents associated with the
services provided.
[(10) The term ``works of improvement'' means the
facilities installed or being installed in accord with
an area plan.]
(9) The term ``project'' means any action taken by a
designated RC&D council that achieves any of the
elements identified under paragraph (1).
[RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM
[Sec. 1530. The Secretary]
SEC. 1530. ESTABLISHMENT AND SCOPE.
The Secretary shall establish a resource conservation and
development program under which the Secretary shall make
available to States, local units of government, and local
nonprofit organizations [the technical and financial assistance
necessary to permit such States, local units of government, and
local nonprofit organizations] through designated RC&D councils
the technical and financial assistance necessary to permit such
RC&D Councils to operate and maintain a planning and
implementation process needed to conserve and improve the use
of land, develop natural resources, and improve and enhance the
social, economic, and environmental conditions in rural areas
of the United States.
[SELECTION OF NEW DESIGNATED AREAS
[Sec. 1531. The Secretary]
SEC. 1531. SELECTION OF DESIGNATED AREAS.
The Secretary shall select designated areas for assistance
under this subtitle on the basis of the elements specified in
section 1529(1).
[AUTHORITY OF THE SECRETARY
[Sec. 1532. In carrying]
SEC. 1532. AUTHORITY OF SECRETARY.
In carrying out the provisions of this subtitle, the
Secretary may--
(1) provide technical assistance to any [State, local
unit of government, or local nonprofit organization]
RC&D council within a designated area to assist in
developing and implementing an RC&D council area plan
for that area;
(2) cooperate with other departments and agencies of
the Federal Government, State, and local units of
government, and with local nonprofit organizations in
conducting surveys and inventories, disseminating
information, and developing RC&D council area plans;
(3) assist in carrying out an RC&D council area plan
approved by the Secretary for any designated area by
providing technical and financial assistance to any
[State, local unit of government, or local nonprofit
organization] RC&D council designated to receive such
assistance by the Governor or legislature of the State
concerned; and
(4) enter into agreements with [States, local units
of government, and local nonprofit organizations] RC&D
councils or affiliations of RC&D councils, as provided
in section 1533.
[AGREEMENTS; TERMS AND CONDITIONS
[Sec. 1533. (a) Technical]
SEC. 1533. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) Technical and financial assistance, including loans, may
be provided by the Secretary to any [State, local unit of
government, or local nonprofit organization to assist in
carrying out works of improvement specified in an] RC&D
councils or affiliations of RC&D councils to assist in carrying
out a project specified in a RC&D council area plan approved by
the Secretary only if--
(1) such [State, local unit of government, or local
nonprofit organization] RC&D council or affiliate
agrees in writing to carry out such [works of
improvement] project and to finance or arrange for
financing of any portion of the cost of carrying out
such [works of improvement] project for which financial
assistance is not provided by the Secretary under this
subtitle;
(2) the [works of improvement] project for which
assistance is to be provided under this subtitle are
included in an area plan and have been approved by the
[State, local unit of government, or local nonprofit
organization] RC&D council to be assisted;
(3) the Secretary determines that assistance to
finance the type of [works of improvement concerned is
not reasonably available to such State, local unit of
government, or local nonprofit organization under any
other Federal program;] project concerned is necessary
to accomplish and RC&D council area plan objective
(4) [the works of improvement provided for in the]
the project provided for in the RC&D council area plan
are consistent with any current comprehensive plan for
such area;
(5) the cost of the land or an interest in the land
acquired or to be acquired under such plan by any
State, local unit of government, federally recognized
Indian tribe or local nonprofit organization is borne
by such State, local unit of government, federally
recognized Indian tribe or local nonprofit
organization; and
(6) the State, local unit of government, or local
nonprofit organization participating in an RC&D council
area plan agrees to maintain and operate all works of
improvement installed under such plan.
(b) Loans made under this subtitle shall be made on such
terms and conditions as the Secretary may prescribe, except
that such loans shall have a repayment period of not more than
thirty years from the date of completion of the [work of
improvement] project for which the loan is made and shall bear
interest at the average rate of interest paid by the United
States on its obligations of a comparable term, as determined
by the Secretary of the Treasury.
(c) Assistance may not be made available to [any State, local
unit of government, or local nonprofit organization to carry
out any] RC&D council to carry out any RC&D council area plan
unless such plan has been submitted to and approved by the
Secretary.
* * * * * * *
[RESOURCE CONSERVATION AND DEVELOPMENT POLICY BOARD
[Sec. 1534. (a) The Secretary]
SEC. 1534. RESOURCE CONSERVATION AND DEVELOPMENT POLICY BOARD.
(a) The Secretary shall establish within the Department of
Agriculture a Resource Conservation and Development Policy
Board.
(b) Such board shall be composed of [seven] employees of the
Department of Agriculture selected by the Secretary. One member
shall be designated by the Secretary to serve as chairman.
* * * * * * *
[EVALUATION OF PROGRAM
[Sec. 1535. The Secretary]
SEC. 1535. PROGRAM EVALUATION.
The Secretary shall evaluate the program with assistance from
RC&D councils provided for in this subtitle to determine
whether such program is effectively meeting the needs of, and
the objectives identified by, the States, federally recognized
Indian tribes, local units of government, and local nonprofit
organizations participating in such program. The Secretary
shall submit a report to Congress containing the results of the
evaluation not later than December 31, [1986] 2007, together
with the Secretary's recommendations for continuing,
terminating, redirecting, or modifying such program.
[LIMITATION ON PROVISION OF ASSISTANCE
[Sec. 1536. The program]
SEC. 1536. LIMITATION ON ASSISTANCE.
The program provided for in this subtitle shall be limited to
providing technical and financial assistance to not more than
450 active designated areas.
[SUPPLEMENTAL AUTHORITY OF THE SECRETARY
[Sec. 1537. The authority]
SEC. 1537. SUPPLEMENTAL AUTHORITY OF SECRETARY.
The authority of the Secretary under this subtitle to assist
[States, local units of government, and local nonprofit
organizations] RC&D councils in the development and
implementation of area plans shall be supplemental to, and not
in lieu of, any authority of the Secretary under any other
provision of law.
[AUTHORIZATION FOR APPROPRIATIONS
[Sec. 1538. There are]
SEC. 1537. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated [for each of the
fiscal years 1996 through 2002] such sums as may be necessary
to carry out the provisions of this subtitle, except that not
more than $15,000,000 may be appropriated for loans for any
fiscal year. Funds appropriated pursuant to this subtitle shall
remain available until expended.
* * * * * * *
----------
SECTION 14 OF THE WATERSHED PROTECTION AND FLOOD PREVENTION ACT
SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR PAST THEIR
EVALUATED LIFE EXPECTANCY.
(a) * * *
* * * * * * *
(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; and
[(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.]
(2) $15,000,000 for fiscal year 2002 and each
succeeding fiscal year.
* * * * * * *
----------
SECTION 6 OF THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT
APPROPRIATION AUTHORIZED
Sec. 6. (a) There are hereby authorized to be appropriated
for the purposes of this Act such sums as Congress may from
time to time determine to be necessary.
(b) Appropriations for carrying out this Act allocated for
the production or procurement of nursery stock by any Federal
agency, or funds appropriated to any Federal agency for
allocation to cooperating States for the production or
procurement of nursery stock, shall remain available for
expenditure for not more than 3 fiscal years.
(c) Funds made available to carry out the purposes of this
Act may be used, to the extent determined by the Secretary of
Agriculture to be necessary, by the agency of the Department of
Agriculture to which the funds are appropriated, to provide
technical assistance to owners and operators of land to achieve
the objectives of any conservation program administered by the
Secretary of Agriculture.
----------
AGRICULTURAL TRADE ACT OF 1978
* * * * * * *
TITLE II--AGRICULTURAL EXPORT PROGRAMS
Subtitle A--Programs
* * * * * * *
SEC. 202. EXPORT CREDIT GUARANTEE PROGRAM.
(a) * * *
* * * * * * *
(k) Processed and High-Value Products.--
(1) In general.--In issuing export credit guarantees
under this section, the Commodity Credit Corporation
shall, subject to paragraph (2), ensure that not less
than 25 percent for each of fiscal years 1996 and 1997,
30 percent for each of fiscal years 1998 and 1999, and
35 percent for each of fiscal years 2000[, 2001, and
2002] through 2011, of the total amount of credit
guarantees issued for a fiscal year is issued to
promote the export of processed or high-value
agricultural products and that the balance is issued to
promote the export of bulk or raw agricultural
commodities.
* * * * * * *
Subtitle B--Implementation
SEC. 211. FUNDING LEVELS.
(a) * * *
(b) Export Credit Guarantee Programs.--
(1) Export credit guarantees.--The Commodity Credit
Corporation shall make available for each of fiscal
years 1996 through [2002] 2011 not less than
$5,500,000,000 in credit guarantees under subsections
(a) and (b) of section 202.
* * * * * * *
(c) Market Access Programs.--The Commodity Credit Corporation
or the Secretary shall make available for market access
activities authorized to be carried out by the Commodity Credit
Corporation under section 203--
(1) in addition to any funds that may be specifically
appropriated to implement a market access program, not
less than $200,000,000 for each of the fiscal years
1991 through 1993, not less than $110,000,000 for each
of the fiscal years 1994 through 1995, [and not more]
not more than $90,000,000 for each of fiscal years 1996
through [2002] 2001 and not more than $200,000,000 for
each of fiscal years 2002 through 2011,, of the funds
of, or an equal value of commodities owned by, the
Commodity Credit Corporation; and
* * * * * * *
TITLE III--EXPORT ENHANCEMENT PROGRAM
* * * * * * *
SEC. 301. EXPORT ENHANCEMENT PROGRAM.
(a) * * *
* * * * * * *
(e) Funding Levels.--
(1) In general.--The Commodity Credit Corporation
shall make available to carry out the program
established under this section not more than--
(A) * * *
* * * * * * *
(G) $478,000,000 for fiscal year 2002 and for
each fiscal year thereafter through fiscal year
2011.
* * * * * * *
TITLE VII--FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM
* * * * * * *
SEC. 702. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
(a) In General.--The Secretary shall establish and, in
cooperation with eligible trade organizations, carry out a
foreign market development cooperator program to maintain and
develop foreign markets for United States agricultural
commodities and products, with a significant emphasis on the
importance of the export of value-added United States
agricultural products into emerging markets.
* * * * * * *
(c) Report to Congress.--The Secretary shall report annually
to Congress the amount of funding provided, types of programs
funded, the value added products that have been targeted, and
the foreign markets for those products that have been
developed.
SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
(a) Prior Years.--There are authorized to be appropriated to
carry out this title such sums as may be necessary for each of
fiscal years 1996 through [2002] 2001.
(b) Fiscal 2002 and Later.--For each of fiscal years 2002
through 2011 there are authorized to be appropriated such sums
as may be necessary to carry out this title, and, in addition
to any sums so appropriated, the Secretary shall use
$35,000,000 of the funds of, or an equal value of the
commodities of, the Commodity Credit Corporation to carry out
this title.
* * * * * * *
----------
SECTION 1302 OF THE AGRICULTURAL RECONCILIATION ACT OF 1993
SEC. 1302. MARKET ACCESS PROGRAM.
(a) * * *
(b) Secretarial Actions To Achieve Savings.--In order to
enable the Secretary of Agriculture to achieve the savings
required in the market access program established by section
203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) as a
result of the amendments made by this section:
(1) * * *
* * * * * * *
(3) Tobacco.--No funds made available under the
market access program may be used for activities to
develop, maintain, or expand foreign markets for
tobacco, other than leaf tobacco.
* * * * * * *
----------
AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 1954
* * * * * * *
TITLE II--EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS
* * * * * * *
SEC. 204. LEVELS OF ASSISTANCE.
(a) Minimum Levels.--
(1) Minimum assistance.--Except as provided in
paragraph (3), the Administrator shall make
agricultural commodities available for food
distribution under this title in an amount that for
each of fiscal years 1996 through [2002] 2011 is not
less than 2,025,000 metric tons.
(2) Minimum non-emergency assistance.--Of the amounts
specified in paragraph (1), and except as provided in
paragraph (3), the Administrator shall make
agricultural commodities available for non-emergency
food distribution through eligible organizations under
section 202 in an amount that for each of fiscal years
1996 through [2002] 2011 is not less than 1,550,000
metric tons.
* * * * * * *
SEC. 208. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-STABLE
PREPACKAGED FOODS.
(a) * * *
* * * * * * *
(f) Authorization of Appropriations.--There is authorized to
be appropriated to the Administrator to carry out this section,
in addition to amounts otherwise available to carry out this
section, $3,000,000 for each of fiscal years 2001 and [2002]
2011, to remain available until expended.
* * * * * * *
TITLE IV--GENERAL AUTHORITIES AND REQUIREMENTS
* * * * * * *
SEC. 407. ADMINISTRATIVE PROVISIONS.
(a) * * *
* * * * * * *
(c) Title II and III Program.--
(1) * * *
* * * * * * *
(4) Prepositioning.--Funds made available for fiscal
years [2001 and 2002] 2001 through 2011 to carry out
titles II and III may be used by the Administrator to
procure, transport, and store agricultural commodities
for prepositioning within the United States and in
foreign countries, except that for each such fiscal
year not more than $2,000,000 of such funds may be used
to store agricultural commodities for prepositioning in
foreign countries.
* * * * * * *
SEC. 408. EXPIRATION DATE.
No agreements to finance sales or to provide other assistance
under this Act shall be entered into after December 31, [2002]
2011.
* * * * * * *
TITLE V--FARMER-TO-FARMER PROGRAM
SEC. 501. FARMER-TO-FARMER PROGRAM.
(a) * * *
* * * * * * *
(c) Minimum Funding.--Notwithstanding any other provision of
law, not less than 0.4 percent of the amounts made available
for each of the fiscal years 1996 through [2002] 2011 to carry
out this Act, in addition to any funds that may be specifically
appropriated to carry out this section, shall be used to carry
out programs under this section, with not less than 0.2 percent
to be used for programs in developing countries.
* * * * * * *
----------
FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT OF 1990
* * * * * * *
TITLE XV--AGRICULTURAL TRADE
* * * * * * *
Subtitle D--General Provisions
* * * * * * *
SEC. 1542. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING MARKETS.
(a) Funding.--The Commodity Credit Corporation shall make
available for fiscal years 1996 through [2002] 2011 not less
than $1,000,000,000 of direct credits or export credit
guarantees for exports to emerging markets under section 201 or
202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5621 and
5622), in addition to the amounts acquired or authorized under
section 211 of the Act (7 U.S.C. 5641) for the program.
* * * * * * *
(d) E (Kika) de la Garza Agricultural Fellowship Program.--
The Secretary of Agriculture (hereafter in this section
referred to as the ``Secretary'') shall establish a program, to
be known as the ``E (Kika) de la Garza Agricultural Fellowship
Program'', to develop agricultural markets in emerging markets
and to promote cooperation and exchange of information between
agricultural institutions and agribusinesses in the United
States and emerging markets, as follows:
(1) Development of agricultural systems.--
(A) In general.--
(i) Establishment of program.--For
each of the fiscal years 1991 through
[2002] 2011, the Secretary of
Agriculture (hereafter in this section
referred to as the ``Secretary''), in
order to develop, maintain, or expand
markets for United States agricultural
exports, is directed to make available
to emerging markets the expertise of
the United States to make assessments
of the food and rural business systems
needs of such democracies, make
recommendations on measures necessary
to enhance the effectiveness of the
systems, including potential reductions
in trade barriers, and identify and
carry out specific opportunities and
projects to enhance the effectiveness
of those systems.
* * * * * * *
TITLE XVI--RESEARCH
* * * * * * *
Subtitle C--National Genetic Resources Program
* * * * * * *
[SEC. 1634. ADVISORY COUNCIL.
[(a) Establishment and Membership.--The Secretary shall
establish an advisory council for the program for the purpose
of advising, assisting, consulting with, and making
recommendations to, the Secretary and Director concerning
matters related to the activities, policies and operations of
the program. The advisory council shall consist of ex officio
members and not more than nine members appointed by the
Secretary.
[(b) Ex Officio Members.--The ex officio members of the
advisory council shall consist of the following persons (or
their designees):
[(1) The Director.
[(2) The Assistant Secretary of Agriculture for
Science and Education.
[(3) The Director of the National Agricultural
Library.
[(4) The Director of the National Institutes of
Health.
[(5) The Director of the National Science Foundation.
[(6) The Secretary of Energy.
[(7) The Director of the Office of Science and
Technology Policy.
[(8) Such additional officers and employees of the
United States as the Secretary determines are necessary
for the advisory council to effectively carry out its
functions.
[(c) Appointment of Other Members.--The members of the
advisory council who are not ex officio members shall be
appointed by the Secretary as follows:
[(1) Two-thirds of the members shall be appointed
from among the leading representatives of the
scientific disciplines relevant to the activities of
the program, including agricultural sciences,
environmental sciences, natural resource sciences,
health sciences, and nutritional sciences.
[(2) One-third of the members shall be appointed from
the general public and shall include leaders in fields
of public policy, trade, international development,
law, or management.
[(d) Compensation.--Members of the advisory council shall
serve without compensation, if not otherwise officers or
employees of the United States, except that they shall, while
away from their homes or regular places of business in the
performance of services for the advisory council, be allowed
travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in the
Government service are allowed expenses under sections 5701
through 5707 of title 5, United States Code.
[(e) Term of Office of Appointees; Vacancies.--
[(1) Term.--The term of office of a member appointed
under subsection (c) is four years, except that any
member appointed to fill a vacancy occurring before the
expiration of the term for which the predecessor of
such member was appointed shall be appointed only for
the remainder of such term.
[(2) Initial appointment.--The Secretary shall make
appointments to the advisory council so as to ensure
that the terms of the members appointed under
subsection (c) do not all expire in the same year. A
member may serve after the expiration of the member's
term until a successor takes office.
[(3) Reappointment.--A member who is appointed for a
term of four years may not be reappointed to the
advisory council before two years after the date of
expiration of such term of office.
[(4) Vacancies.--If a vacancy occurs in the advisory
council among the members appointed under subsection
(c), the Secretary shall make an appointment to fill
such vacancy within 90 days after the date such vacancy
occurs.
[(f) Chair.--The Secretary shall select as the chair of the
advisory council one of the members appointed under subsection
(c). The term of office of the chair shall be two years.
[(g) Meetings.--The advisory council shall meet at the call
of the chair or on the request of the Director, but at least
two times each fiscal year. The location of the meetings of the
advisory council shall be subject to the approval of the
Director.
[(h) Staff.--The Director shall make available to the
advisory council such staff, information, and other assistance
as it may require to carry out its functions.
[(i) Orientation and Training.--The Director shall provide
such orientation and training for new members of the advisory
council as may be appropriate for their effective participation
in the functions of the advisory council.
[(j) Comments and Recommendations.--The advisory council may
prepare, for inclusion in a report submitted under section
1633--
[(1) comments respecting the activities of the
advisory council during the period covered by the
report;
[(2) comments on the progress of the program in
meeting its objectives; and
[(3) recommendations respecting the future
directions, program, and policy emphasis of the
program.
[(k) Reports.--The advisory council may prepare such reports
as the advisory council determines to be appropriate.
[(l) Application of Advisory Committee Act.--Section 14(a) of
the Federal Advisory Committee Act (5 U.S.C. App.) relating to
the termination of an advisory committee shall not apply to the
advisory council established under this section.]
SEC. 1635. DEFINITIONS AND AUTHORIZATION OF APPROPRIATIONS.
(a) * * *
(b) Authorization of Appropriations.--There are authorized to
be appropriated such funds as may be necessary to carry out
this subtitle for each of the fiscal years 1991 through [2002]
2011.
Subtitle D--National Agricultural Weather Information System
* * * * * * *
[SEC. 1639. NATIONAL ADVISORY BOARD ON AGRICULTURAL WEATHER.
[(a) Establishment.--The Secretary of Agriculture shall
establish the Advisory Board on Agricultural Weather
(hereinafter referred to in this section as the ``Board'') to
advise the Director of the Agricultural Weather Office with
respect to carrying out this subtitle.
[(b) Composition.--The Board shall be composed of nine
members, appointed by the Secretary in consultation with the
Director of the National Weather Service. Two of the members
shall be from each of the four regions of the cooperative
extension service. Of the two members from each region, one
shall be an agricultural producer and one shall be an
agricultural or atmospheric scientist. At least two members of
the Board shall be appointed from among individuals who are
engaged in providing private meteorology services or consulting
with a private meteorology firm.
[(c) Chairperson.--The Board shall elect a chairperson from
among its members.
[(d) Term.--Each Board member shall be appointed for a three-
year term, except that to ensure that members of the Board
serve staggered terms, the Secretary shall appoint three of the
original members of the Board to appointments for one year, and
three of the original members to appointments for two years.
[(e) Meetings.--The Board shall meet not less than twice
annually.
[(f) Compensation.--Members of the Board shall serve without
compensation, but while away from their homes or regular places
of business in the performance of services for the Board,
members of the Board shall be allowed travel expenses,
including a per diem allowance in lieu of subsistence, in the
same manner as individuals employed in Government service are
allowed travel expenses under section 5703 of title 5, United
States Code.
[(g) Federal Advisory Committee Act.--Section 14(a)(2) of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
with respect to the Board.]
* * * * * * *
Subtitle G--Alternative Agricultural Research and Commercialization
* * * * * * *
SEC. 1664. ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION
REVOLVING FUND.
(a) * * *
* * * * * * *
(g) Authorization of Appropriations; Capitalization.--
(1) Authorization of appropriation.--There are
authorized to be appropriated to the Fund $75,000,000
for each of fiscal years 1996 through [2002] 2011.
(2) Capitalization.--The Executive Director may pay
in as capital of the Corporation, out of dollar
receipts made available through annual appropriations,
$75,000,000 for each of fiscal years 1996 through
[2002] 2011. On the payment of an amount of capital by
the Executive Director, the Corporation shall issue an
equivalent amount of capital stock to the Secretary of
the Treasury.
* * * * * * *
Subtitle H--Miscellaneous Research Provisions
[SEC. 1668. BIOTECHNOLOGY RISK ASSESSMENT RESEARCH.
[(a) Purpose.--It is the purpose of this section to--
[(1) authorize and support environmental assessment
research to the extent necessary to help address
general concerns about environmental effects of
biotechnology; and
[(2) authorize research to help regulators develop
policies, as soon as practicable, concerning the
introduction into the environment of such technology.
[(b) Grant Program.--The Secretary of Agriculture shall
establish a grant program within the Cooperative State Research
Service and the Agricultural Research Service to provide the
necessary funding for environmental assessment research
concerning the introduction of genetically engineered organisms
into the environment.
[(c) Types of Research.--Types of research for which grants
may be made under this section shall include the following:
[(1) Research designed to develop methods to
physically and biologically contain genetically
engineered animals, plants, and microorganisms once
they are introduced into the environment.
[(2) Research designed to develop methods to monitor
the dispersal of genetically engineered animals,
plants, and microorganisms.
[(3) Research designed to further existing knowledge
with respect to the rates and methods of gene transfer
that may occur between genetically engineered organisms
and related wild and agricultural organisms.
[(4) Other areas of research designed to further the
purposes of this section.
[(d) Eligibility Requirements.--Grants under this section
shall be--
[(1) made on the basis of the quality of the proposed
research project; and
[(2) available to any public or private research or
educational institution or organization.
[(e) Consultation.--In considering specific areas of research
for funding under this section, the Secretary of Agriculture
shall consult with the Administrator of the Animal and Plant
Health Inspection Service, the Office of Agricultural
Biotechnology, and the Agricultural Biotechnology Research
Advisory Committee.
[(f) Program Coordination.--The Secretary of Agriculture
shall coordinate research funded under this section with the
Office of Research and Development of the Environmental
Protection Agency in order to avoid duplication of research
activities.
[(g) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated such sums as necessary to carry out this
section.
[(2) Withholdings from biotechnology outlays.--The
Secretary of Agriculture shall withhold from outlays of
the Department of Agriculture for research on
biotechnology, as defined and determined by the
Secretary, at least one percent of such amount for the
purpose of making grants under this section for
research on biotechnology risk assessment.]
SEC. 1668. BIOTECHNOLOGY RISK ASSESSMENT RESEARCH.
(a) Purpose.--It is the purpose of this section--
(1) to authorize and support environmental assessment
research to help identify and analyze environmental
effects of biotechnology; and
(2) to authorize research to help regulators develop
long-term policies concerning the introduction of such
technology.
(b) Grant Program.-- The Secretary of Agriculture shall
establish a grant program within the Cooperative State
Research, Education, and Extension Service and the Agricultural
Research Service to provide the necessary funding for
environmental assessment research concerning the introduction
of genetically engineered plants and animals into the
environment.
(c) Types of Research.-- Types of research for which grants
may be made under this section shall include the following:
(1) Research designed to identify and develop
appropriate management practices to minimize physical
and biological risks associated with genetically
engineered animals and plants once they are introduced
into the environment.
(2) Research designed to develop methods to monitor
the dispersal of genetically engineered animals and
plants.
(3) Research designed to further existing knowledge
with respect to the characteristics, rates and methods
of gene transfer that may occur between genetically
engineered plants and animals and related wild and
agricultural organisms.
(4) Environmental assessment research designed to
provide analysis, which compares the relative impacts
of plants and animals modified through genetic
engineering to other types of production systems.
(5) Other areas of research designed to further the
purposes of this section.
(d) Eligibility Requirements.--Grants under this section
shall be--
(1) made on the basis of the quality of the proposed
research project; and
(2) available to any public or private research or
educational institution or organization.
(e) Consultation.-- In considering specific areas of research
for funding under this section, the Secretary of Agriculture
shall consult with the Administrator of the Animal and Plant
Health Inspection Service and the National Agricultural
Research, Extension, Education, and Economics Advisory Board.
(f) Program Coordination.-- The Secretary of Agriculture
shall coordinate research funded under this section with the
Office of Research and Development of the Environmental
Protection Agency in order to avoid duplication of research
activities.
(g) Authorization of Appropriations.--
(1) In general.-- There are authorized to be
appropriated such sums as necessary to carry out this
section.
(2) Withholdings from biotechnology outlays.--The
Secretary of Agriculture shall withhold from outlays of
the Department of Agriculture for research on
biotechnology, as defined and determined by the
Secretary, at least one percent of such amount for the
purpose of making grants under this section for
research on biotechnology risk assessment. Except that,
funding from this authorization should be collected and
applied to the maximum extent practicable to risk
assessment research on all categories identified as
biotechnology by the Secretary.
* * * * * * *
SEC. 1671. AGRICULTURAL GENOME INITIATIVE.
(a) * * *
* * * * * * *
(b) Duties of Secretary.--The Secretary of Agriculture
(referred to in this section as the ``Secretary'') shall
conduct a research initiative (to be known as the
``Agricultural Genome Initiative'') for the purpose of--
(1) * * *
* * * * * * *
(3) identifying and developing a functional
understanding of genes responsible for economically
important traits in agriculturally important species,
including emerging plant and animal pathogens and
diseases causing economic hardship;
* * * * * * *
(6) ensuring preservation of biodiversity to maintain
access to genes that may be of importance in the
future; [and]
(7) reducing the economic impact of plant pathogens
on commercially important crop plants; and
[(7)] (8) otherwise carrying out this section.
* * * * * * *
SEC. 1672. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
(a) * * *
* * * * * * *
(e) High-Priority Research and Extension Areas.--
(1) * * *
* * * * * * *
(25) Research to protect the united states food
supply and agriculture from bioterrorism.--Research
grants may be made under this section for the purpose
of developing technologies, which support the
capability to deal with the threat of agricultural
bioterrorism.
(26) Wind erosion research and extension.--Research
and extension grants may be made under this section for
the purpose of validating wind erosion models.
(27) Crop loss research and extension.--Research and
extension grants may be made under this section for the
purpose of validating crop loss models.
(28) Land use management research and extension.--
Research and extension grants may be made under this
section for the purposes of evaluating the
environmental benefits of land use management tools
such as those provided in the Farmland Protection
Program.
(29) Water and air quality research and extension.--
Research and extension grants may be made under this
section for the purpose of better understanding
agricultural impacts to air and water quality and means
to address them.
(30) Revenue and insurance tools research and
extension.--Research and extension grants may be made
under this section for the purposes of better
understanding the impact of revenue and insurance tools
on farm income.
(31) Agrotourism research and extension.--Research
and extension grants may be made under this section for
the purpose of better understanding the economic,
environmental, and food systems impacts on agrotourism.
(32) Harvesting productivity for fruits and
vegetables.--Research and extension grants may be made
under this section for the purpose of improving
harvesting productivity for fruits and vegetables
(including citrus), including the development of
mechanical harvesting technologies and effective,
economical, and safe abscission compounds.
(33) Nitrogen-fixation by plants.--Research and
extension grants may be made under this section for the
purpose of enhancing the nitrogen-fixing ability and
efficiency of legumes, developing new varieties of
legumes that fix nitrogen more efficiently, and
developing new varieties of other commercially
important crops that potentially are able to fix
nitrogen.
(34) Agricultural marketing.--Extension grants may be
made under this section for the purpose of providing
education materials, information, and outreach programs
regarding commodity and livestock marketing strategies
for agricultural producers and for cooperatives and
other marketers of any agricultural commodity,
including livestock.
(35) Environment and private lands research and
extension.--Research and extension grants may be made
under this section for the purpose of researching the
use of computer models to aid in assessment of best
management practices on a watershed basis, working with
government, industry, and private landowners to help
craft industry-led solutions to identified
environmental issues, researching and monitoring water,
air, or soil environmental quality to aid in the
development of new approaches to local environmental
concerns, and working with local, State, and federal
officials to help craft effective environmental
solutions that respect private property rights and
agricultural production realities.
(36) Livestock disease research and extension.--
Research and extension grants may be made under this
section for the purpose of identifying possible
livestock disease threats, educating the public
regarding livestock disease threats, training persons
to deal with such threats, and conducting related
research.
(37) Plant gene expression.--Research and development
grants may be made under this section for the purpose
of plant gene expression research to accelerate the
application of basic plant genomic science to the
development and testing of new varieties of enhanced
food crops, crops that can be used as renewable energy
sources, and other alternative uses of agricultural
crops.
* * * * * * *
(h) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section for each of fiscal years 1999 through [2002] 2011.
SEC. 1672A. NUTRIENT MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.
(a) * * *
* * * * * * *
(g) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section for each of fiscal years 1999 through [2002] 2011.
* * * * * * *
SEC. 1673. AGRICULTURAL TELECOMMUNICATIONS PROGRAM.
(a) * * *
* * * * * * *
(h) Authorization of Appropriations.--For the purposes of
implementing the program established under this section, there
are hereby authorized to be appropriated not more than
$12,000,000 for each of the fiscal years 1991 through [2002]
2011.
* * * * * * *
SEC. 1680. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to carry out this section
$6,000,000 for each of fiscal years 1999 through [2002]
2011.
* * * * * * *
TITLE XXIII--RURAL DEVELOPMENT
* * * * * * *
Subtitle H--Miscellaneous Provisions
SEC. 2381. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
(a) * * *
* * * * * * *
(e) Limitation on Authorization of Appropriations.--To carry
out this section, there are authorized to be appropriated
$500,000 for each of the fiscal years 1991 through [2002] 2011.
* * * * * * *
TITLE XXV--OTHER RELATED PROVISIONS
SEC. 2501. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS
AND RANCHERS.
[(a) Outreach and Assistance.--
[(1) In general.--The Secretary of Agriculture
(hereafter referred to in this section as the
``Secretary'') shall provide outreach and technical
assistance to encourage and assist socially
disadvantaged farmers and ranchers to own and operate
farms and ranches and to participate in agricultural
programs. This assistance should include information on
application and bidding procedures, farm management,
and other essential information to participate in
agricultural programs.
[(2) Grants and Contracts.--The Secretary may make
grants and enter into contracts and other agreements in
the furtherance of this section with the following
entities--
[(A) any community based organization that--
[(i) has demonstrated experience in
providing agricultural education or
other agriculturally related services
to socially disadvantaged farmers and
ranchers;
[(ii) provides documentary evidence
of its past experience of working with
socially disadvantaged farmers and
ranchers during the two years preceding
its application for assistance under
this section; and
[(iii) does not engage in activities
prohibited under section 501(c)(3) of
the Internal Revenue Code of 1986; and
[(B) 1890 Land-Grant Colleges including
Tuskegee Institute, Indian tribal community
colleges and Alaska native cooperative
colleges, Hispanic serving post-secondary
educational institutions, and other post-
secondary educational institutions with
demonstrated experience in providing
agriculture education or other agriculturally
related services to socially disadvantaged
family farmers and ranchers in their region.
[(3) Funding.--There are authorized to be
appropriated $10,000,000 for each fiscal year to carry
out this subsection.]
(a) Outreach and Assistance.--
(1) In general.--The Secretary of Agriculture (in
this section referred to as the ``Secretary'') shall
provide outreach and technical assistance programs
specifically to encourage and assist socially
disadvantaged farmers and ranchers to own and operate
farms and ranches and to participate equitably in the
full range of agricultural programs. This assistance,
which should enhance coordination and make more
effective the outreach, technical assistance, and
education efforts authorized in specific agriculture
programs, shall include information and assistance on
commodity, conservation, credit, rural, and business
development programs, application and bidding
procedures, farm and risk management, marketing, and
other essential information to participate in
agricultural and other programs of the Department.
(2) Grants and contracts.--The Secretary may make
grants and enter into contracts and other agreements in
the furtherance of this section with the following
entities:
(A) Any community-based organization,
network, or coalition of community-based
organizations that--
(i) has demonstrated experience in
providing agricultural education or
other agriculturally related services
to socially disadvantaged farmers and
ranchers;
(ii) provides documentary evidence of
its past experience of working with
socially disadvantaged farmers and
ranchers during the two years preceding
its application for assistance under
this section; and
(iii) does not engage in activities
prohibited under section 501(c)(3) of
the Internal Revenue Code of 1986.
(B) 1890 Land-Grant Colleges, including
Tuskegee Institute, Indian tribal community
colleges and Alaska native cooperative
colleges, Hispanic serving post-secondary
educational institutions, and other post-
secondary educational institutions with
demonstrated experience in providing
agriculture education or other agriculturally
related services to socially disadvantaged
family farmers and ranchers in their region.
(C) Federally recognized tribes and national
tribal organizations with demonstrated
experience in providing agriculture education
or other agriculturally related services to
socially disadvantaged family farmers and
ranchers in their region.
(3) Fnding.--There are authorized to be appropriated
$25,000,000 for each fiscal year to make grants and
enter into contracts and other agreements with the
entities described in paragraph (2) and to otherwise
carry out the purposes of this subsection.
* * * * * * *
----------
SECTION 302 OF THE BILL EMERSON HUMANITARIAN TRUST ACT
SEC. 302. ESTABLISHMENT OF COMMODITY TRUST.
(a) * * *
(b) Commodities or Funds in Trust.--
(1) * * *
(2) Replenishment of trust.--
(A) * * *
(B) Funds.--Any funds used to acquire
eligible commodities through purchases from
producers or in the market to replenish the
trust shall be derived--
(i) with respect to fiscal years 2000
through 2002 from funds made available
to carry out the Agricultural Trade
Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.) that are used
to repay or reimburse the Commodity
Credit Corporation for the release of
eligible commodities under subsections
(c)(2) and (f )(2), except that, of
such funds, not more than $20,000,000
may be expended for this purpose in
each of the fiscal years 2000 through
[2002] 2011; and
* * * * * * *
(h) Termination of Authority.--
(1) In general.--The authority to replenish stocks of
eligible commodities to maintain the trust established
under this section shall terminate on September 30,
[2002] 2011.
(2) Disposal of eligible commodities.--Eligible
commodities remaining in the trust after September 30,
[2002] 2011, shall be disposed of by release for use in
providing for emergency humanitarian food needs in
developing countries as provided in this section.
* * * * * * *
----------
FOOD STAMP ACT OF 1977
* * * * * * *
DEFINITIONS
Sec. 3. As used in this Act, the term:
(a) * * *
* * * * * * *
(c) ``Certification period'' means the period for which
households shall be eligible to receive authorization cards.
The certification period shall not exceed 12 months, except
that the certification period may be up to 24 months if all
adult household members are elderly or disabled. A State agency
shall have at least 1 contact with each certified household
every 12 months. The limits in this section may be extended
until the end of any transitional benefit period established
under section 11(s).
* * * * * * *
ELIGIBLE HOUSEHOLDS
Sec. 5. (a) * * *
* * * * * * *
(d) Household income for purposes of the food stamp program
shall include all income from whatever source excluding only
(1) any gain or benefit which is not in the form of money
payable directly to a household (notwithstanding its conversion
in whole or in part to direct payments to households pursuant
to any demonstration project carried out or authorized under
Federal law including demonstration projects created by the
waiver of provisions of Federal law), except as provided in
subsection (k), (2) any income in the certification period
which is received too infrequently or irregularly to be
reasonably anticipated, but not in excess of $30 in a quarter,
subject to modification by the Secretary in light of subsection
(f), (3) all educational loans on which payment is deferred,
grants, scholarships, fellowships, veterans' educational
benefits, and the like (A) awarded to a household member
enrolled at a recognized institution of post-secondary
education, at a school for the handicapped, in a vocational
education program, or in a program that provides for completion
of a secondary school diploma or obtaining the equivalent
thereof, (B) to the extent that they do not exceed the amount
used for or made available as an allowance determined by such
school, institution, program, or other grantor, for tuition and
mandatory fees (including the rental or purchase of any
equipment, materials, and supplies related to the pursuit of
the course of study involved), books, supplies, transportation,
and other miscellaneous personal expenses (other than living
expenses), of the student incidental to attending such school,
institution, or program, [and] (C) to the extent loans include
any origination fees and insurance premiums, (D) to the extent
that any other educational loans on which payment is deferred,
grants, scholarships, fellowships, veterans' educational
benefits, and the like, are required to be excluded under title
XIX of the Social Security Act, the state agency may exclude it
under this subsection, (4) all loans other than educational
loans on which repayment is deferred, (5) reimbursements which
do not exceed expenses actually incurred and which do not
represent a gain or benefit to the household and any allowance
a State agency provides no more frequently than annually to
families with children on the occasion of those children's
entering or returning to school or child care for the purpose
of obtaining school clothes (except that no such allowance
shall be excluded if the State agency reduces monthly
assistance under a State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.) in the
month for which the allowance is provided): Provided, That no
portion of benefits provided under title IV-A of the Social
Security Act, to the extent it is attributable to an adjustment
for work-related or child care expenses (except for payments or
reimbursements for such expenses made under an employment,
education, or training program initiated under such title after
the date of enactment of the Hunger Prevention Act of 1988, and
no portion of any educational loan on which payment is
deferred, grant, scholarship, fellowship, veterans' benefits,
and the like that are provided for living expenses, shall be
considered such reimbursement, (6) moneys received and used for
the care and maintenance of a third-party beneficiary who is
not a household member, (7) income earned by a child who is a
member of the household, who is an elementary or secondary
school student, and who is 17 years of age or younger, (8)
moneys received in the form of nonrecurring lump-sum payments,
including, but not limited to, income tax refunds, rebates, or
credits, cash donations based on need that are received from
one or more private nonprofit charitable organizations, but not
in excess of $300 in the aggregate in a quarter, retroactive
lump-sum social security or railroad retirement pension
payments and retroactive lump-sum insurance settlements:
Provided, That such payments shall be counted as resources,
unless specifically excluded by other laws, (9) the cost of
producing self-employed income, but household income that
otherwise is included under this subsection shall be reduced by
the extent that the cost of producing self-employment income
exceeds the income derived from self-employment as a farmer,
(10) any income that any other Federal law specifically
excludes from consideration as income for purposes of
determining eligibility for the food stamp program except as
otherwise provided in subsection (k) of this section, (11)(A)
any payments or allowances made for the purpose of providing
energy assistance under any Federal law (other than part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.)),
or (B) a 1-time payment or allowance made under a Federal or
State law for the costs of weatherization or emergency repair
or replacement of an unsafe or inoperative furnace or other
heating or cooling device, (12) through September 30 of any
fiscal year, any increase in income attributable to a cost-of-
living adjustment made on or after July 1 of such fiscal year
under title II or XVI of the Social Security Act (42 U.S.C. 401
et seq.), section 3(a)(1) of the Railroad Retirement Act of
1974 (45 U.S.C. 231b(a)(1)), or section 3112 of title 38,
United States Code, if the household was certified as eligible
to participate in the food stamp program or received an
allotment in the month immediately preceding the first month in
which the adjustment was effective, (13) any payment made to
the household under section 3507 of the Internal Revenue Code
of 1986 (relating to advance payment of earned income credit),
(14) any payment made to the household under section 6(d)(4)(I)
for work related expenses or for dependent care, [and] (15) any
amounts necessary for the fulfillment of a plan for achieving
self-support of a household member as provided under
subparagraph (A)(iii) or (B)(iv) of section 1612(b)(4) of the
Social Security Act (42 U.S.C. 1382a(b)(4)); (16) any state
complementary assistance program payments that are excluded
pursuant to subsections (a) and (b) of section 1931 of title
XIX of the Social Security Act; and (17) at the option of the
State agency, any types of income that the State agency does
not consider when determining eligibility for cash assistance
under a program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) or medical assistance
under section 1931 of the Social Security Act (42 U.S.C. 1396u-
1), except that this paragraph shall not authorize a State
agency to exclude earned income, payments under title I, II,
IV, X, XIV, or XVI of the Social Security Act, or such other
types of income whose consideration the Secretary determines
essential to equitable determinations of eligibility and
benefit levels except to the extent that those types of income
may be excluded under other paragraphs of this subsection.
(e) Deductions From Income.--
(1) Standard deduction.--The Secretary shall allow a
standard deduction for each household in the 48
contiguous States and the District of Columbia, Alaska,
Hawaii, Guam, and the Virgin Islands of the United
States [of $134, $229, $189, $269, and $118] equal to
9.7 percent of the eligibility limit established under
section 5(c)(1) for fiscal year 2002 but not more than
9.7 percent of the eligibility limit established under
section 5(c)(1) for a household of six for fiscal year
2002 nor less than $134, $229, $189, $269, and $118,
respectively, except that the standard deduction for
Guam shall be determined with reference to 2 times the
eligibility limits under section 5(c)(1) for fiscal
year 2002 for the 48 contiguous states and the District
of Columbia.
* * * * * * *
ELIGIBILITY DISQUALIFICATIONS
Sec. 6. (a) * * *
* * * * * * *
(c) [No household] Except in a case in which a household is
receiving transitional benefits during the transitional
benefits period under section 11(s), no household shall be
eligible to participate in the food stamp program if it refuses
to cooperate in providing information to the State agency that
is necessary for making a determination of its eligibility or
for completing any subsequent review of its eligibility.
* * * * * * *
ADMINISTRATION
Sec. 11. (a) * * *
* * * * * * *
(s) Transitional Benefits Option..--
(1) In general.--A State may provide transitional
food stamp benefits to a household that is no longer
eligible to receive cash assistance under a State
program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).
(2) Transitional benefits period.--Under paragraph
(1), a household may continue to receive food stamp
benefits for a period of not more than 6 months after
the date on which cash assistance is terminated.
(3) Amount.--During the transitional benefits period
under paragraph (2), a household shall receive an
amount equal to the allotment received in the month
immediately preceding the date on which cash assistance
is terminated. A household receiving benefits under
this subsection may apply for recertification at any
time during the transitional benefit period. If a
household reapplies, its allotment shall be determined
without regard to this subsection for all subsequent
months.
(4) Determination of future eligibility.--In the
final month of the transitional benefits period under
paragraph (2), the State agency may--
(A) require a household to cooperate in a
redetermination of eligibility to receive an
authorization card; and
(B) renew eligibility for a new certification
period for the household without regard to
whether the previous certification period has
expired.
(5) Limitation.--A household sanctioned under section
6, or for a failure to perform an action required by
Federal, State, or local law relating to such cash
assistance program, shall not be eligible for
transitional benefits under this subsection.
* * * * * * *
ADMINISTRATIVE COST-SHARING AND QUALITY CONTROL
Sec. 16. (a) * * *
* * * * * * *
(c)(1) The program authorized under this Act shall include a
system that enhances payment accuracy by establishing fiscal
incentives that require State agencies with high error rates to
share in the cost of payment error and provide enhanced
administrative funding to States with the lowest error rates.
Under such system--
(A) * * *
* * * * * * *
(C) for any fiscal year in which the Secretary
determines that a 95 percent statistical probability
exists that for the 3d consecutive year a State
agency's payment error rate exceeds the national
performance measure for payment error rates announced
under paragraph (6), other than for good cause shown,
the State agency shall pay to the Secretary an amount
equal to--
(i) the product of--
(I) * * *
(II) the lesser of--
(aa) the ratio of--
(aaa) * * *
(bbb) [the national
performance measure for
the fiscal year] 10
percent, or
* * * * * * *
(4) The Secretary may require a State agency to report any
factors that the Secretary considers necessary to determine a
State agency's payment error rate, enhanced administrative
funding, [or] claim for payment error, or performance under the
measures established under paragraph (10), under this
subsection. If a State agency fails to meet the reporting
requirements established by the Secretary, the Secretary shall
base the determination on all pertinent information available
to the Secretary.
(5) To facilitate the implementation of this subsection each
State agency shall submit to the Secretary expeditiously data
regarding its operations in each fiscal year sufficient for the
Secretary to comply with paragraph (10) and to establish the
payment error rate for the State agency for such fiscal year
and determine the amount of either incentive payments under
paragraph (1)(A) or claims under paragraph (1)(C). The
Secretary shall make a determination for a fiscal year, and
notify the State agency of such determination, within nine
months following the end of each fiscal year. The Secretary
shall initiate efforts to collect the amount owed by the State
agency as a claim established under paragraph (1)(C) for a
fiscal year, subject to the conclusion of any formal or
informal appeal procedure and administrative or judicial review
under section 14 (as provided for in paragraph (7)), before the
end of the fiscal year following such fiscal year.
(6) At the time the Secretary makes the notification to State
agencies of their error rates and incentive payments or claims
pursuant to paragraphs (1)(A) and (1)(C), the Secretary shall
also announce a national performance measure that shall be one
percentage point more than the sum of the products of each
State agency's error rate as developed for the notifications
under paragraph (5) times that State agency's proportion of the
total value of national allotments issued for the fiscal year
using the most recent issuance data available at the time of
the notifications issued pursuant to paragraph (5). Where a
State fails to meet reporting requirements pursuant to
paragraph (4), the Secretary may use another measure of a
State's error developed pursuant to paragraph (5), to develop
the national performance measure. The announced national
performance measure shall be used in determining the State
share of the cost of payment error under paragraph (1)(C) for
the fiscal year whose error rates are being announced under
paragraph (5).
* * * * * * *
(10)(A) In addition to the measures established under
paragraph (1), the Secretary shall measure the performance of
State agencies in each of the following regards--
(i) compliance with the deadlines established under
paragraphs (3) and (9) of section 11(e); and
(ii) the percentage of negative eligibility decisions
that are made correctly.
(B) For each fiscal year, the Secretary shall make excellence
bonus payments of $1,000,000 each to the 5 States with the
highest combined performance in the 2 measures in subparagraph
(A) and to the 5 States whose combined performance under the 2
measures in subparagraph (A) most improved in such fiscal year.
(C) For any fiscal year in which the Secretary determines
that a 95 percent statistical probability exists that a State
agency's performance with respect to any of the 2 performance
measures established in subparagraph (A) is substantially worse
than a level the Secretary deems reasonable, other than for
good cause shown, the Secretary shall investigate that State
agency's administration of the food stamp program. If this
investigation determines that the State's administration has
been deficient, the Secretary shall require the State agency to
take prompt corrective action.
* * * * * * *
(h) Funding of Employment and Training Programs.--
(1) In general.--
(A) Amounts.--To carry out employment and
training programs, the Secretary shall reserve
for allocation to State agencies, to remain
available until expended, from funds made
available for each fiscal year under section
18(a)(1) the amount of--
(i) * * *
* * * * * * *
(vii) for [fiscal year 2002] each of
the fiscal years 2003 through 2011--
(I) * * *
* * * * * * *
(B) Allocation.--
(i) Allocation formula.--The
Secretary shall allocate the amounts
reserved under subparagraph (A) among
the State agencies using a reasonable
formula, as determined and adjusted by
the Secretary each fiscal year, to
reflect--
(I) * * *
* * * * * * *
(III) for each of fiscal
years 1999 through [2002] 2011,
the portion of food stamp
recipients who reside in each
State who are not eligible for
an exception under section
6(o)(3) and who--
* * * * * * *
(k) Reductions in Payments for Administrative Costs.--
(1) * * *
* * * * * * *
(3) Reduction in payment.--
(A) In general.--Notwithstanding any other
provision of this section, effective for each
of fiscal years 1999 through [2002] 2011, the
Secretary shall reduce, for each fiscal year,
the amount paid under subsection (a) to each
State by an amount equal to the amount
determined for the food stamp program under
paragraph (2)(B). The Secretary shall, to the
extent practicable, make the reductions
required by this paragraph on a quarterly
basis.
(B) Application.--If the Secretary of Health
and Human Services does not make the
determinations required by paragraph (2) by
September 30, 1999--
(i) * * *
(ii) for each subsequent fiscal year
through fiscal year [2002] 2011,
subparagraph (A) applies.
* * * * * * *
(l) The Secretary shall expend up to $10 million in each
fiscal year to pay 100 percent of the costs of State agencies
to develop and implement simple application and eligibility
determination systems.
RESEARCH, DEMONSTRATION, AND EVALUATIONS
Sec. 17. (a) * * *
(b)(1)(A) The Secretary may conduct on a trial basis, in one
or more areas of the United States, pilot or experimental
projects designed to test program changes that might increase
the efficiency of the food stamp program and improve the
delivery of food stamp benefits to eligible households, and may
waive any requirement of this Act to the extent necessary for
the project to be conducted.
(B) Project requirements.--
(i) * * *
* * * * * * *
(vi) Cash payment pilot projects.--
Any pilot or experimental project
implemented under this paragraph and
operating as of October 1, 1981,
involving the payment of the value of
allotments in the form of cash to
eligible households all of whose
members are either age sixty-five or
over or entitled to supplemental
security income benefits under title
XVI of the Social Security Act shall be
continued through October 1, [2002]
2011, if the State so requests.
* * * * * * *
(i)(1)(A) Subject to the availability of funds specifically
appropriated to carry out this subsection and subject to the
other provisions of this subsection, during each of fiscal
years [1992 through 2002] 2003 through 2011, the Secretary
shall make grants competitively awarded to public or private
nonprofit organizations to fund food stamp outreach
demonstration projects (hereinafter in this subsection referred
to as the ``projects'') and related evaluations in areas of the
United States to increase participation by eligible low-income
households in the food stamp program. The total amount of
grants provided during a fiscal year may not exceed $5,000,000.
Funds appropriated to carry out this subsection shall be used
in the year during which the funds are appropriated. Not more
than 20 percent of the funds appropriated to carry out this
subsection shall be used for evaluations.
* * * * * * *
AUTHORIZATION FOR APPROPRIATIONS
Sec. 18. (a)(1) To carry out this Act, there are authorized
to be appropriated such sums as are necessary for each of the
fiscal years [1996 through 2002] 2003 through 2011. Not to
exceed one-fourth of 1 per centum of the previous year's
appropriation is authorized in each such fiscal year to carry
out the provisions of section 17 of this Act, subject to
paragraph (3).
* * * * * * *
BLOCK GRANT
Sec. 19. (a)(1)(A) From the sums appropriated under this Act,
the Secretary shall, subject to the provisions of this section,
pay to the Commonwealth of Puerto Rico--
(i) for fiscal year 2000, $1,268,000,000;
(ii) for fiscal year 2001, the amount required to be
paid under clause (i) for fiscal year 2000, as adjusted
by the change in the Food at Home series of the
Consumer Price Index for All Urban Consumers, published
by the Bureau of Labor Statistics of the Department of
Labor, for the most recent 12-month period ending in
June; [and]
(iii) for fiscal year 2002, the amount required to be
paid under clause (ii) for fiscal year 2001, as
adjusted by the percentage by which the thrifty food
plan is adjusted for fiscal year 2002 under section
3(o)(4); and
(iv) for each of fiscal years 2003 through 2011, the
amount equal to the amount required to be paid under
this subparagraph for the preceding fiscal year, as
adjusted by the percentage by which the thrifty food
plan is adjusted under section 3(o)(4) for the current
fiscal year for which the amount is determined under
this clause;
* * * * * * *
SEC. 24. TERRITORY OF AMERICAN SAMOA.
Effective October 1, 1995, from amounts made available to
carry out this Act, the Secretary shall pay to the Territory of
American Samoa not more than $5,300,000 for each of fiscal
years [1996 through 2002] 2003 through 2011 to finance 100
percent of the expenditures for the fiscal year for a nutrition
assistance program extended under section 601(c) of Public Law
96-597 (48 U.S.C. 1469d(c)).
SEC. 25. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
(a) * * *
(b) Authority To Provide Assistance.--
(1) * * *
(2) Limitation on grants.--The total amount of funds
provided as grants under this section may not exceed--
(A) $1,000,000 for fiscal year 1996; [and]
(B) $2,500,000 for each of fiscal years 1997
through [2002] 2001. and
(C) $7,500,000 for each of the fiscal years
2002 through 2011.
* * * * * * *
SEC. 27. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE
PROGRAM.
(a) Purchase of Commodities.--From amounts made available to
carry out this Act, for each of fiscal years [1997 through
2002] 2002 through 2011, the Secretary shall purchase
[$100,000,000] $140,000,000 of a variety of nutritious and
useful commodities of the types that the Secretary has the
authority to acquire through the Commodity Credit Corporation
or under section 32 of the Act entitled ``An Act to amend the
Agricultural Adjustment Act, and for other purposes'', approved
August 24, 1935 (7 U.S.C. 612c), and distribute the commodities
to States for distribution in accordance with section 214 of
the Emergency Food Assistance Act of 1983 (Public Law 98-8; 7
U.S.C. 612c note).
* * * * * * *
(c) Use of Funds for Related Costs.--For each of the fiscal
years 2002 through 2011, the Secretary shall use $10,000,000 of
the funds made available under subsection (a) to pay for the
direct and indirect costs of the States related to the
processing, storing, transporting, and distributing to eligible
recipient agencies of commodities purchased by the Secretary
under such subsection and commodities secured from other
sources, including commodities secured by gleaning (as defined
in section 111 of the Hunger Prevention Act of 1988 (7 U.S.C.
612c note)).
* * * * * * *
----------
AGRICULTURE AND CONSUMER PROTECTION ACT OF 1973
* * * * * * *
COMMODITY DISTRIBUTION PROGRAM
Sec. 4. (a) Notwithstanding any other provision of law, the
Secretary may, during fiscal years [1991 through 2002] 2003
through 2011 purchase and distribute sufficient agricultural
commodities with funds appropriated from the general fund of
the Treasury to maintain the traditional level of assistance
for food assistance programs as are authorized by law,
including but not limited to distribution to institutions
(including hospitals and facilities caring for needy infants
and children), supplemental feeding programs serving women,
infants, and children or elderly persons, or both, wherever
located, disaster areas, summer camps for children, the United
States Trust Territory of the Pacific Islands, and Indians,
whenever a tribal organization requests distribution of
federally donated foods pursuant to section 4(b) of the Food
Stamp Act of 1977. In providing for commodity distribution to
Indians, the Secretary shall improve the variety and quantity
of commodities supplied to Indians in order to provide them an
opportunity to obtain a more nutritious diet.
* * * * * * *
commodity supplemental food program
Sec. 5. (a) In carrying out the supplemental feeding program
(hereinafter referred to as the ``commodity supplemental food
program'') under section 4 of this Act, the Secretary (1) may
institute two pilot projects directed at low-income elderly
persons, including, where feasible, distribution of commodities
to such persons in their homes; (2) shall provide to the State
agencies administering the commodity supplemental food program,
for each of the fiscal year [1991 through 2002] 2003 through
2011 funds appropriated from the general fund of the Treasury
in amounts equal to the administrative costs of State and local
agencies in operating the program, except that the funds
provided to State agencies each fiscal year may not exceed 20
percent of the amount appropriated for the commodity
supplemental food program.
* * * * * * *
(d)(1) * * *
(2) Notwithstanding any other provision of law, the Commodity
Credit Corporation shall, to the extent that the Commodity
Credit Corporation inventory levels permit, provide not less
than 9,000,000 pounds of cheese and not less than 4,000,000
pounds of nonfat dry milk in each of the fiscal years [1991
through 2002] 2003 through 2011 to the Secretary of
Agriculture. The Secretary shall use such amounts of cheese and
nonfat dry milk to carry out the commodity supplemental food
program before the end of each fiscal year.
* * * * * * *
----------
SECTION 204 OF THE EMERGENCY FOOD ASSISTANCE ACT OF 1983
AUTHORIZATION AND APPROPRIATIONS
Sec. 204. (a)(1) There are authorized to be appropriated
$50,000,000 for each of the fiscal years [1991 through 2002]
2003 through 2011, for the Secretary to make available to the
States to pay for the direct and indirect [administrative]
costs of the States related to the processing, storage,
transporting, and distributing to eligible recipient agencies
of commodities provided by the Secretary under this Act and
commodities secured from other sources. Funds appropriated
under this paragraph for any fiscal year shall be allocated to
the States on an advance basis, dividing such funds among the
States in the same proportions as the commodities distributed
under this Act for such fiscal year are divided among the
States. If a State agency is unable to use all of the funds so
allocated to it, the Secretary shall reallocate such unused
funds among the other States.
* * * * * * *
----------
CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT
* * * * * * *
TITLE III--AGRICULTURAL CREDIT
* * * * * * *
Subtitle A--Real Estate Loans
Sec. 302. (a) The Secretary is authorized to make and insure
loans under this subtitle to farmers and ranchers in the United
States, and to farm cooperatives and private domestic
corporations, partnerships, [and joint operations] joint
operations, and limited liability companies that are controlled
by farmers and ranchers and engaged primarily and directly in
farming or ranching in the United States, subject to the
conditions specified in this section. To be eligible for such
loans, applicants who are individuals, or, in the case of
cooperatives, corporations, partnerships, [and joint
operations] joint operations, and limited liability companies,
individuals holding a majority interest in such entity, must
(1) be citizens of the United States, (2) for direct loans
only, have either training or farming experience that the
Secretary determines is sufficient to assure reasonable
prospects of success in the proposed farming operations, (3) be
or will become owner-operators of not larger than family farms
(or in the case of cooperatives, corporations, partnerships,
[and joint operations] joint operations, and limited liability
companies in which a majority interest is held by individuals
who are related by blood or marriage, as defined by the
Secretary, such individuals must be or will become either
owners or operators of not larger than a family farm and at
least one such individual must be or will become an operator of
not larger than a family farm or, in the case of holders of the
entire interest who are related by blood or marriage and all of
whom are or will become farm operators, the ownership interest
of each such holder separately constitutes not larger than a
family farm, even if their interests collectively constitute
larger than a family farm, as defined by the Secretary), and
(4) be unable to obtain sufficient credit elsewhere to finance
their actual needs at reasonable rates and terms, taking into
consideration prevailing private and cooperative rates and
terms in the community in or near which the applicant resides
for loans for similar purposes and periods of time. In addition
to the foregoing requirements of this section, in the case of
corporations, partnerships, [and joint operations] joint
operations, and limited liability companies, the family farm
requirement of clause (3) of the preceding sentence shall apply
as well to the farm or farms in which the entity has an
ownership and operator interest and the requirement of clause
(4) of the preceding sentence shall apply as well to the entity
in the case of cooperatives, corporations, partnerships, [and
joint operations] joint operations, and limited liability
companies.
* * * * * * *
Sec. 306. (a)(1) The Secretary is also authorized to make or
insure loans to associations, including corporations not
operated for profit, Indian tribes on Federal and State
reservations and other federally recognized Indian tribes, and
public and quasi-public agencies to provide for the application
or establishment of soil conservation practices, shifts in land
use, the conservation, development, use, and control of water,
and the installation or improvement of drainage or waste
disposal facilities, recreational developments, and essential
community facilities including necessary related equipment, all
primarily serving farmers, ranchers, farm tenants, farm
laborers, rural businesses, and other rural residents, and to
furnish financial assistance or other aid in planning projects
for such purposes. The Secretary may also make or insure loans
to communities that have been designated as rural empowerment
zones or rural enterprise communities pursuant to part I of
subchapter U of chapter 1 of the Internal Revenue Code of 1986,
as rural enterprise communities pursuant to section 766 of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999, or as champion
communities (as determined by the Secretary), to provide for
the installation or improvement of essential community
facilities including necessary related equipment, and to
furnish financial assistance or other aid in planning projects
for such purposes. The Secretary may also make loans to any
borrower to whom a loan has been made under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.), for the
conservation, development, use, and control of water, and the
installation of drainage or waste disposal facilities,
primarily serving farmers, ranchers, farm tenants, farm
laborers, rural businesses, and other rural residents. When any
loan made for a purpose specified in this paragraph is sold out
of the Agricultural Credit Insurance Fund as an insured loan,
the interest or other income thereon paid to an insured holder
shall be included in gross income for purposes of chapter 1 of
the Internal Revenue Code of 1954. With respect to loans of
less than $500,000 made or insured under this paragraph that
are evidenced by notes and mortgages, as distinguished from
bond issues, borrowers shall not be required to appoint bond
counsel to review the legal validity of the loan whenever the
Secretary has available legal counsel to perform such review.
* * * * * * *
(11) Rural business opportunity grants.--
(A) * * *
* * * * * * *
(D) Authorization of appropriations.--There
are authorized to be appropriated to carry out
this paragraph $7,500,000 for each of fiscal
years 1996 through [2002] 2011.
* * * * * * *
SEC. 306A. [EMERGENCY] COMMUNITY WATER ASSISTANCE GRANT PROGRAM.
(a) In General.--The Secretary shall provide grants in
accordance with this section to assist the residents of rural
areas and small communities to secure adequate quantities of
safe water--
(1) [after] when a significant decline in the
quantity or quality of water available from the water
supplies of such rural areas and small communities is
imminent; or
* * * * * * *
(c) Eligibility.--To be eligible to obtain a grant under this
section, an applicant [shall--
[(1) be a public or private nonprofit entity; and
[(2) in the case of a grant made under subsection
(a)(1), demonstrate to the Secretary that the decline
referred to in such subsection occurred within 2 years
of the date the application was filed for such grant.]
shall be a public or private nonprofit entity.
* * * * * * *
(i) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $35,000,000 for each
of fiscal years 1996 through [2002] 2011.
* * * * * * *
SEC. 306D. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN ALASKA.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out this section $30,000,000 for
each of fiscal years 2001 [and 2002] through 2011.
* * * * * * *
SEC. 306E. GRANTS TO NONPROFIT ORGANIZATIONS TO FINANCE THE
CONSTRUCTION, REFURBISHING, AND SERVICING OF
INDIVIDUALLY-OWNED HOUSEHOLD WATER WELL SYSTEMS IN
RURAL AREAS FOR INDIVIDUALS WITH LOW OR MODERATE
INCOMES.
(a) Definition of Eligible Individual.--In this section, the
term ``eligible individual'' means an individual who is a
member of a household, the combined income of whose members for
the most recent 12-month period for which the information is
available, is not more than 100 percent of the median
nonmetropolitan household income for the State or territory in
which the individual resides, according to the most recent
decennial census of the United States.
(b) Grants.--The Secretary may make grants to private
nonprofit organizations for the purpose of assisting eligible
individuals in obtaining financing for the construction,
refurbishing, and servicing of individual household water well
systems in rural areas that are owned (or to be owned) by the
eligible individuals.
(c) Use of Funds.--A grant made under this section may be--
(1) used, or invested to provide income to be used,
to carry out subsection (b); and
(2) used to pay administrative expenses associated
with providing the assistance described in subsection
(b).
(d) Priority in Awarding Grants.--In awarding grants under
this section, the Secretary shall give priority to an applicant
that has substantial expertise and experience in promoting the
safe and productive use of individually-owned household water
well systems and ground water.
* * * * * * *
Sec. 310B. (a) The Secretary may also make and insure loans
to public, private, or cooperative organizations organized for
profit or nonprofit, to Indian tribes on Federal and State
reservations or other federally recognized Indian tribal
groups, or to individuals for the purposes of (1) improving,
developing, or financing business, industry, and employment and
improving the economic and environmental climate in rural
communities, including pollution abatement and control, (2) the
conservation, development, and use of water for aquaculture
purposes in rural areas, (3) reducing the reliance on
nonrenewable energy resources by encouraging the development
and construction of solar energy systems and other renewable
energy systems including wind energy systems and anaerobic
digestors for the purpose of energy generation, including the
modification of existing systems, in rural areas, and (4) to
facilitate economic opportunity for industries undergoing
adjustment from terminated Federal agricultural price and
income support programs or increased competition from foreign
trade. For the purposes of this subsection, the term ``solar
energy'' means energy derived from sources (other than fossil
fuels) and technologies included in the Federal Nonnuclear
Energy Research and Development Act of 1974, as amended. Such
loans, when originated, held, and serviced by other lenders,
may be guaranteed by the Secretary under this section without
regard to paragraphs (1) and (4) of section 333. As used in
this subsection, the term ``aquaculture'' means the culture or
husbandry of aquatic animals or plants by private industry for
commercial purposes including the culture and growing of fish
by private industry for the purpose of creating or augmenting
publicly owned and regulated stocks of fish. No loan may be
made, insured, or guaranteed under this subsection that exceeds
[$25,000,000] $100,000,000 in principal amount.
* * * * * * *
(e) Rural Cooperative Development Grants.--
(1) * * *
* * * * * * *
(9) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection $50,000,000 for each of fiscal years 1996
through [2002] 2011.
* * * * * * *
(g) Loan Guarantees for the Purchase of Cooperative Stock.--
(1) * * *
(2) Loan guarantees.--The Secretary may guarantee
loans under this section to individual farmers for the
purpose of purchasing [start-up capital stock of a
farmer cooperative established for the purpose of
processing an agricultural commodity.] capital stock of
a farmer cooperative established for an agricultural
purpose.
* * * * * * *
(h) Intangible Assets and Subordinated Unsecured Debt
Required To Be Considered in Determining Eligibility of Farmer-
Owned Cooperative for Business and Industry Guaranteed Loan.--
In determining whether a cooperative organization owned by
farmers is eligible for a guaranteed loan under subsection
(a)(1), the Secretary may consider the value of the intangible
assets and subordinated unsecured debt of the cooperative
organization.
(i) Special Rules Applicable to Farmer Cooperatives Under the
Business and Industry Loan Program.--In determining whether a
cooperative organization owned by farmers is eligible for a
guaranteed loan under subsection (a)(1), the Secretary shall
not apply any lending restriction based on population to the
area in which the cooperative organization is located.
* * * * * * *
SEC. 310E. DOWN PAYMENT LOAN PROGRAM.
(a) * * *
(b) Loan Terms.--
(1) * * *
* * * * * * *
(3) Duration.--Each loan under this section shall be
made for a period of [10] 15 years or less, at the
option of the borrower.
* * * * * * *
(c) Limitations.--
(1) * * *
* * * * * * *
(3) Prohibited types of financing.--The Secretary
shall not make a loan under this section with respect
to a farm or ranch if the farm or ranch is to be
acquired with other financing that contains any of the
following conditions:
(A) The financing is to be amortized over a
period of less than 30 years.
(B) A balloon payment will be due on the
financing during the [10-year] 15-year period
beginning on the date the loan is to be made by
the Secretary.
* * * * * * *
Subtitle B--Operating Loans
Sec. 311. (a) The Secretary is authorized to make and insure
loans under this subtitle to farmers and ranchers in the United
States, and to farm cooperatives and private domestic
corporations, partnerships, [and joint operations] joint
operations, and limited liability companies that are controlled
by farmers and ranchers and engaged primarily and directly in
farming or ranching in the United States, subject to the
conditions specified in this section. To be eligible for such
loans, applicants who are individuals, or, in the case of
cooperatives, corporations, partnerships, [and joint
operations] joint operations, and limited liability companies,
individuals holding a majority interest in such entity, must
(1) be citizens of the United States, (2) for direct loans
only, have either training or farming experience that the
Secretary determines is sufficient to assure reasonable
prospects of success in the proposed farming operations, (3) be
or will become operators of not larger than family farms (or in
the case of cooperatives, corporations, partnerships, [and
joint operations] joint operations, and limited liability
companies in which a majority interest is held by individuals
who are related by blood or marriage, as defined by the
Secretary, such individuals must be or will become either
owners or operators of not larger than a family farm and at
least one such individual must be or will become an operator of
not larger than a family farm or, in the case of holders of the
entire interest who are related by blood or marriage and all of
whom are or will become farm operators, the ownership interest
of each such holder separately constitutes not larger than a
family farm, even if their interests collectively constitute
larger than a family farm, as defined by the Secretary), and
(4) be unable to obtain sufficient credit elsewhere to finance
their actual needs at reasonable rates and terms, taking into
consideration prevailing private and cooperative rates and
terms in the community in or near which the applicant resides
for loans for similar purposes and periods of time. In addition
to the foregoing requirements of this subsection, in the case
of corporations, partnerships, [and joint operations] joint
operations, and limited liability companies, the family farm
requirement of clause (3) of the preceding sentence shall apply
as well to the farm or farms in which the entity has an
operator interest and the requirement of clause (4) of the
preceding sentence shall apply as well to the entity in the
case of cooperatives, corporations, partnerships, [and joint
operations] joint operations, and limited liability companies.
* * * * * * *
Subtitle C--Emergency Loans
Sec. 321. (a) The Secretary shall make and insure loans under
this subtitle only to the extent and in such amounts as
provided in advance in appropriation Acts to (1) established
farmers, ranchers, or persons engaged in aquaculture, who are
citizens of the United States and who are owner-operators (in
the case of loans for a purpose under subtitle A) or operators
(in the case of loans for a purpose under subtitle B) of not
larger than family farms, and (2) farm cooperatives, private
domestic corporations, partnerships, [or joint operations]
joint operations, or limited liability companies (A) that are
engaged primarily in farming, ranching, or aquaculture, and (B)
in which a majority interest is held by individuals who are
citizens of the United States and who are owner-operators (in
the case of loans for a purpose under subtitle A) or operators
(in the case of loans for a purpose under subtitle B) of not
larger than family farms (or in the case of such cooperatives,
corporations, partnerships, [or joint operations] joint
operations, or limited liability companies in which a majority
interest is held by individuals who are related by blood or
marriage, as defined by the Secretary, such individuals must be
either owners or operators of not larger than a family farm and
at least one such individual must be an operator of not larger
than a family farm), where the Secretary finds that the
applicants' farming, ranching, or aquaculture operations have
been substantially affected by [a natural disaster in the
United States or by] a quarantine imposed by the Secretary
under the Plant Protection Act or the animal quarantine laws
(as defined in section 2509 of the Food, Agriculture,
Conservation, and Trade Act of 1990), an economic emergency
resulting from sharply increasing energy costs as described in
section 329(b), a natural disaster in the United States, or a
major disaster or emergency designated by the President under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided, That they have experience and resources
necessary to assure a reasonable prospect for successful
operation with the assistance of such loan and are not able to
obtain sufficient credit elsewhere. In addition to the
foregoing requirements of this subsection, in the case of farm
cooperatives, private domestic corporations, partnerships, [and
joint operations] joint operations, and limited liability
companies, the family farm requirement of the preceding
sentence shall apply as well to all farms in which the entity
has an ownership and operator interest (in the case of loans
for a purpose under subtitle A) or an operator interest (in the
case of loans for a purpose under subtitle B). The Secretary
shall accept applications from, and make or insure loans
pursuant to the requirements of this subtitle to, applicants,
otherwise eligible under this subtitle, that conduct farming,
ranching, or aquaculture operations in any county contiguous to
a county where the Secretary has found that farming, ranching,
or aquaculture operations have been substantially affected by
[a natural disaster in the United States or by] a quarantine
imposed by the Secretary under the Plant Protection Act or the
animal quarantine laws (as defined in section 2509 of the Food,
Agriculture, Conservation, and Trade Act of 1990), an economic
emergency resulting from sharply increasing energy costs as
described in section 329(b), a natural disaster in the United
States, or a major disaster or emergency designated by the
President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act. The Secretary shall accept
applications for assistance under this subtitle from persons
affected by [a natural disaster] such a quarantine, economic
emergency, or natural disaster at any time during the eight-
month period beginning (A) on the date on which the Secretary
determines that farming, ranching, or aquaculture operations
have been substantially affected [by such natural disaster] by
such quarantine, economic emergency, or natural disaster or (B)
on the date the President makes the major disaster or emergency
designation with respect to such natural disaster, as the case
may be.
* * * * * * *
Sec. 323. Loans may be made or insured under this subtitle
for any purpose authorized for loans under subtitle A or B of
this title and for crop or livestock changes that are
necessitated by a quarantine, natural disaster, major disaster,
or emergency referred to in section 321(a), including,
notwithstanding any other provision of this title, an economic
emergency resulting from sharply increasing energy costs as
described in section 329(b) and that are deemed desirable by
the applicant, subject to the limitations on the amounts of
loans provided in section 324(a) of this title.
SEC. 324. TERMS OF LOANS.
(a) Maximum Amount of Loan.--The Secretary may not make a
loan under this subtitle to a borrower who has suffered a loss
in an amount that--
(1) exceeds the actual loss caused by a disaster;
[or]
(2) would cause the total indebtedness of the
borrower under this subtitle to exceed $500,000[.];
(3) in the case of a loan made in response to a
quarantine referred to in section 321, exceeds
$500,000; or
(4) in the case of a loan made in response to an
economic emergency referred to in section 321, exceeds
$200,000.
* * * * * * *
[Sec. 329. The]
SEC. 329. LOSS CONDITIONS.
(a) In General.--Except as provided in subsection (b), the
Secretary shall make financial assistance under this subtitle
available to any applicant seeking assistance based on
production losses if the applicant shows that a single
enterprise which constitutes a basic part of the applicant's
farming, ranching, or aquaculture operation has sustained at
least a 30 per centum loss of normal per acre or per animal
production, or such lesser per centum of loss as the Secretary
may determine, as a result of the disaster based upon the
average monthly price in effect for the previous year and the
applicant otherwise meets the conditions of eligibility
prescribed under this subtitle. Such loans shall be made
available based upon 80 per centum, or such greater per centum
as the Secretary may determine, of the total calculated actual
production loss sustained by the applicant.
(b) Loss Resulting From Sharply Increasing Energy Costs.--The
Secretary shall make financial assistance under this subtitle
available to any applicant seeking assistance based on an
income loss resulting from sharply increasing energy costs
referred to in section 323 if--
(1) the price of electricity, gasoline, diesel fuel,
natural gas, propane, or other equivalent fuel during
any 3-month period is at least 50 percent greater than
the average price of the same form of energy during the
preceding 5 years, as determined by the Secretary; and
(2) the income loss of the applicant is directly
related to expenses incurred to prevent livestock
mortality, the degradation of a perishable agricultural
commodity, or damage to a field crop.
Subtitle D--Administrative Provisions
Sec. 331. (a) * * *
(b) The Secretary may--
(1) * * *
(2) administer the loan guarantee program under
section 339(c) through central offices established in
States or in multi-State areas;
[(2)] (3) accept and utilize voluntary and
uncompensated services, and, with the consent of the
agency concerned, utilize the officers, employees,
equipment, and information of any agency of the Federal
Government, or of any State, territory, or political
subdivision;
[(3)] (4) within the limits of appropriations made
therefor, make necessary expenditures for purchase or
hire of passenger vehicles, and such other facilities
and services as he may from time to time find necessary
for the proper administration of this title;
[(4)] (5) compromise, adjust, reduce, or charge-off
debts or claims (including debts and claims arising
from loan guarantees), and adjust, modify, subordinate,
or release the terms of security instruments, leases,
contracts, and agreements entered into or administered
by the Consolidated Farm Service Agency, Rural
Utilities Service, Rural Housing Service, Rural
Business-Cooperative Service, or a successor agency, or
the Rural Development Administration, except for
activities under the Housing Act of 1949. In the case
of a security instrument entered into under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.), the
Secretary shall notify the Attorney General of the
intent of the Secretary to exercise the authority of
the Secretary under this paragraph. The Secretary may
not require liquidation of property securing any farmer
program loan or acceleration of any payment required
under any farmer program loan as a prerequisite to
initiating an action authorized under this subsection.
The Secretary may release borrowers or others obligated
on a debt, except for debt incurred under the Housing
Act of 1949, from personal liability with or without
payment of any consideration at the time of the
compromise, adjustment, reduction, or charge-off of any
claim, except that no compromise, adjustment,
reduction, or charge-off of any claim may be made or
carried out--
(A) * * *
* * * * * * *
[(5)] (6) except for activities conducted under the
Housing Act of 1949, collect all claims and obligations
administered by the Farmers Home Administration, or
under any mortgage, lease, contract, or agreement
entered into or administered by the Farmers Home
Administration and, if in his judgment necessary and
advisable, pursue the same to final collection in any
court having jurisdiction;
[(6)] (7) release mortgage and other contract liens
if it appears that they have no present or prospective
value or that their enforcement likely would be
ineffectual or uneconomical;
[(7)] (8) obtain fidelity bonds protecting the
Government against fraud and dishonesty of officers and
employees of the Farmers Home Administration in lieu of
faithful performance of duties bonds under section 14,
title 6, United States Code, and regulations issued
pursuant thereto, but otherwise in accordance with the
provisions thereof;
[(8)] (9) consent to (A) long-term leases of
facilities financed under this title notwithstanding
the failure of the lessee to meet any of the
requirements of this title if such long-term leases are
necessary to ensure the continuation of services for
which financing was extended to the lessor, and (B) the
transfer of property securing any loan or financed by
any loan or grant made, insured, or held by the
Secretary under this title, or the provisions of any
other law administered by the Rural Development
Administration or by the Farmers Home Administration,
upon such terms as he deems necessary to carry out the
purpose of the loan or grant or to protect the
financial interest of the Government, and shall
document the consent of the Secretary for the transfer
of the property of a borrower in the file of the
borrower; and
[(9)] (10) notwithstanding that an area ceases, or
has ceased, to be ``rural'', in a ``rural area'', or an
eligible area, make loans and grants, and approve
transfers and assumptions, under this title on the same
basis as though the area still was rural in connection
with property securing any loan made, insured, or held
by the Secretary under this title or in connection with
any property held by the Secretary under this title.
(c) The Secretary may use for the prosecution or defense of
any claim or obligation described in subsection [(b)(5)] (b)(6)
the Attorney General, the General Counsel of the Department of
Agriculture, or a private attorney who has entered into a
contract with the Secretary.
(d) [Temporary] Authority To Enter Into Contracts.--
(1) * * *
* * * * * * *
(5) Sunset provision.--This subsection shall be
effective until September 30, [2002] 2011.
* * * * * * *
Sec. 333. In connection with loans made or insured under this
title, the Secretary shall require--
(1) * * *
[(2) except with respect to a loan under section 306,
310B, or 314, the county or area committee established
under section 8(b)(5)(B) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)(5)(B)) to
certify in writing--
[(A) that an annual review of the credit
history and business operation of the borrower
has been conducted; and
[(B) that a review of the continued
eligibility of the borrower for the loan has
been conducted;]
[(3)] (2) except for guaranteed loans, an agreement
by the borrower that if at any time it shall appear to
the Secretary that the borrower may be able to obtain a
loan from a production credit association, a Federal
land bank, or other responsible cooperative or private
credit source (or, in the case of a borrower under
section 310D of this title, the borrower may be able to
obtain a loan under section 302 of this title), at
reasonable rates and terms for loans for similar
purposes and periods of time, the borrower will, upon
request by the Secretary, apply for and accept such
loan in sufficient amount to repay the Secretary or the
insured lender, or both, and to pay for any stock
necessary to be purchased in a cooperative lending
agency in connection with such loan;
[(4)] (3) such provision for supervision of the
borrower's operations as the Secretary shall deem
necessary to achieve the objectives of the loan and
protect the interests of the United States; and
[(5)] (4) the application of a person who is a
veteran of any war, as defined in section 101(12) of
title 38, United States Code, for a loan under subtitle
A or B to be given preference over a similar
application from a person who is not a veteran of any
war, if the applications are on file in a county or
area office at the same time.
Sec. 333A. (a) * * *
* * * * * * *
(g)(1) The Secretary shall provide to lenders a short,
simplified application form for guarantees under this title of
loans the principal amount of which is [$50,000] $150,000 or
less.
* * * * * * *
SEC. 339. RULES AND REGULATIONS.
(a) * * *
* * * * * * *
(c) Certified Lenders Program.--
(1) * * *
* * * * * * *
(4) Effect of certification.--Notwithstanding any
other provision of law:
(A) The Secretary shall guarantee 80 percent
of a loan made under this subsection by a
certified lending institution as described in
paragraph (1), subject to county committee
certification that the borrower of the loan
meets the eligibility requirements and such
other criteria as may be applicable to loans
guaranteed by the Secretary under other
provisions of this title, except that the
Secretary may guarantee such lesser percentage
as the Secretary determines appropriate of such
a loan if the income of the borrower is less
than the income necessary to meet the
requirements of subsection (b).
* * * * * * *
(d) Preferred Certified Lenders Program.--
(1) * * *
* * * * * * *
(4) Effect of preferred lender certification.--
Notwithstanding any other provision of law, the
Secretary shall--
(A) guarantee 80 percent of an approved loan
made by a certified lending institution as
described in this subsection, subject to county
committee certification that the borrower meets
the eligibility requirements or such other
criteria as may be applicable to loans
guaranteed by the Secretary under other
provisions of this title, except that the
Secretary may guarantee such lesser percentage
as the Secretary determines appropriate of such
a loan if the income of the borrower is less
than the income necessary to meet the
requirements of subsection (b);
* * * * * * *
Sec. 343. (a) As used in this title:
(1) * * *
* * * * * * *
(12) Debt forgiveness.--
(A) * * *
(B) [Loan restructuring.--The term ``debt
forgiveness'' does not include consolidation,
rescheduling, reamortization, or deferral.]
(B) Exceptions.--The term ``debt
forgiveness'' does not include--
(i) consolidation, rescheduling,
reamortization, or deferral of a loan;
or
(ii) any write-down provided as a
part of a resolution of a
discrimination complaint against the
Secretary.
* * * * * * *
(c) Livestock Includes Horses.--The term ``livestock''
includes horses.
* * * * * * *
SEC. 345. SUNSET OF DIRECT LOAN PROGRAMS.
(a) In General.--Except as provided in subsection (b),
beginning 5 years after the date of the enactment of this
section, the Secretary may not make a direct loan under section
302 or 311.
(b) Exceptions.--Subsection (a) shall not apply to any
authority to make direct loans to youths, qualified beginning
farmers or ranchers, or members of socially disadvantaged
groups.
(c) No Effect on Existing Contracts.--Subsection (a) shall
not be construed to permit the violation of any contract
entered into before the 5-year period described in subsection
(a).
Sec. 346. (a) * * *
(b) Authorization for Loans.--
(1) In general.--The Secretary may make or guarantee
loans under subtitles A and B from the Agricultural
Credit Insurance Fund provided for in section 309 in
[not more than the following amounts:
[(A) Fiscal year 1996.--For fiscal year 1996,
$3,085,000,000, of which--
[(i) $585,000,000 shall be for direct
loans, of which--
[(I) $85,000,000 shall be for
farm ownership loans under
subtitle A; and
[(II) $500,000,000 shall be
for operating loans under
subtitle B; and
[(ii) $2,500,000,000 shall be for
guaranteed loans, of which--
[(I) $600,000,000 shall be
for guarantees of farm
ownership loans under subtitle
A; and
[(II) $1,900,000,000 shall be
for guarantees of operating
loans under subtitle B.
[(B) Fiscal year 1997.--For fiscal year 1997,
$3,165,000,000, of which--
[(i) $585,000,000 shall be for direct
loans, of which--
[(I) $85,000,000 shall be for
farm ownership loans under
subtitle A; and
[(II) $500,000,000 shall be
for operating loans under
subtitle B; and
[(ii) $2,580,000,000 shall be for
guaranteed loans, of which--
[(I) $630,000,000 shall be
for guarantees of farm
ownership loans under subtitle
A; and
[(II) $1,950,000,000 shall be
for guarantees of operating
loans under subtitle B.
[(C) Fiscal year 1998.--For fiscal year 1998,
$3,245,000,000, of which--
[(i) $585,000,000 shall be for direct
loans, of which--
[(I) $85,000,000 shall be for
farm ownership loans under
subtitle A; and
[(II) $500,000,000 shall be
for operating loans under
subtitle B; and
[(ii) $2,660,000,000 shall be for
guaranteed loans, of which--
[(I) $660,000,000 shall be
for guarantees of farm
ownership loans under subtitle
A; and
[(II) $2,000,000,000 shall be
for guarantees of operating
loans under subtitle B.
[(D) Fiscal year 1999.--For fiscal year 1999,
$3,325,000,000, of which--
[(i) $585,000,000 shall be for direct
loans, of which--
[(I) $85,000,000 shall be for
farm ownership loans under
subtitle A; and
[(II) $500,000,000 shall be
for operating loans under
subtitle B; and
[(ii) $2,740,000,000 shall be for
guaranteed loans, of which--
[(I) $690,000,000 shall be
for guarantees of farm
ownership loans under subtitle
A; and
[(II) $2,050,000,000 shall be
for guarantees of operating
loans under subtitle B.
[(E) Fiscal year 2000.--For fiscal year 2000,
$3,435,000,000, of which--
[(i) $585,000,000 shall be for direct
loans, of which--
[(I) $85,000,000 shall be for
farm ownership loans under
subtitle A; and
[(II) $500,000,000 shall be
for operating loans under
subtitle B; and
[(ii) $2,850,000,000 shall be for
guaranteed loans, of which--
[(I) $750,000,000 shall be
for guarantees of farm
ownership loans under subtitle
A; and
[(II) $2,100,000,000 shall be
for guarantees of operating
loans under subtitle B.
[(F) Fiscal year 2001.--For fiscal year 2001,
$3,435,000,000, of which--
[(i) $585,000,000 shall be for direct
loans, of which--
[(I) $85,000,000 shall be for
farm ownership loans under
subtitle A; and
[(II) $500,000,000 shall be
for operating loans under
subtitle B; and
[(ii) $2,850,000,000 shall be for
guaranteed loans, of which--
[(I) $750,000,000 shall be
for guarantees of farm
ownership loans under subtitle
A; and
[(II) $2,100,000,000 shall be
for guarantees of operating
loans under subtitle B.
[(G) Fiscal year 2002.--For fiscal year 2002,
$3,435,000,000, of which--
[(i) $585,000,000 shall be for direct
loans, of which--
[(I) $85,000,000 shall be for
farm ownership loans under
subtitle A; and
[(II) $500,000,000 shall be
for operating loans under
subtitle B; and
[(ii) $2,850,000,000 shall be for
guaranteed loans, of which--
[(I) $750,000,000 shall be
for guarantees of farm
ownership loans under subtitle
A; and
[(II) $2,100,000,000 shall be
for guarantees of operating
loans under subtitle B.] such
sums as may be necessary.
(2) Beginning farmers and ranchers.--
(A) Direct loans.--
(i) * * *
(ii) Operating loans.--Of the amounts
made available under paragraph (1) for
direct operating loans, the Secretary
shall reserve for qualified beginning
farmers and ranchers--
(I) * * *
* * * * * * *
(III) for each of fiscal
years [2000 through 2002] 2002
through 2011, 35 percent.
* * * * * * *
SEC. 351. INTEREST RATE REDUCTION PROGRAM.
(a) Establishment of Program.--
(1) * * *
(2) Termination of authority.--The authority provided
by this subsection shall terminate on September 30,
[2002] 2011.
* * * * * * *
SEC. 355. TARGET PARTICIPATION RATES.
(a) * * *
* * * * * * *
(c) Operating Loans.--
(1) * * *
(2) Reservation and allocation.--The Secretary shall,
to the greatest extent practicable, reserve and
allocate the proportion of each State's loan funds made
available under subtitle B that is equal to that
State's target participation rate for use by the
socially disadvantaged farmers or ranchers in that
State. The Secretary shall, to the extent practicable,
distribute the total so derived on a county by county
basis according to the number of socially disadvantaged
farmers or ranchers in the county. [Any funds reserved
and allocated for purposes of this paragraph, but not
used shall be reallocated within such State.] Any funds
reserved and allocated under this paragraph but not
used within a State shall, to the extent necessary to
satisfy pending applications under this title, be
available for use by socially disadvantaged farmers and
ranchers in other States, as determined by the
Secretary, and any remaining funds shall be reallocated
within the State.
* * * * * * *
SEC. 360. LOAN ASSESSMENTS.
(a) In General.--[After an applicant is determined eligible
for assistance under this title by the appropriate county
committee established pursuant to section 332, the] The
Secretary shall evaluate, in accordance with regulations issued
by the Secretary, the farming plan and financial situation of
each qualified farmer or rancher applicant.
* * * * * * *
SEC. 373. LOAN AND LOAN SERVICING LIMITATIONS.
(a) * * *
(b) Prohibition of Loans for Borrowers That Have Received
Debt Forgiveness.--
[(1) Prohibitions.--Except as provided in paragraph
(2)--
[(A) the Secretary may not make a loan under
this title to a borrower that has received debt
forgiveness on a loan made or guaranteed under
this title; and
[(B) the Secretary may not guarantee a loan
under this title to a borrower that has
received--
[(i) debt forgiveness after April 4,
1996, on a loan made or guaranteed
under this title; or
[(ii) received debt forgiveness on
more than 3 occasions on or before
April 4, 1996.]
(1) Prohibitions.--Except as provided in paragraph
(2)--
(A) the Secretary may not make a loan under
this title to a borrower who, on more than 2
occasions, received debt forgiveness on a loan
made or guaranteed under this title; and
(B) the Secretary may not guarantee a loan
under this title to a borrower who, on more
than 3 occasions, received debt forgiveness on
a loan made or guaranteed under this title.
* * * * * * *
SEC. 376. MAKING AND SERVICING OF LOANS BY PERSONNEL OF STATE, COUNTY,
OR AREA COMMITTEES.
The Secretary shall employ personnel of a State, county or
area committee established under section 8(b)(5) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C 590h(b)(5))
to make and service loans under this title to the extent the
personnel have been trained to do so.
SEC. 377. ELIGIBILITY OF EMPLOYEES OF STATE, COUNTY, OR AREA COMMITTEE
FOR LOANS AND LOAN GUARANTEES.
The Secretary shall not prohibit an employee of a State,
county or area committee established under section 8(b)(5) of
the Soil Conservation and Domestic Allotment Act (16 U.S.C.
590h(b)(5)) or an employee of the Department of Agriculture
from obtaining a loan or loan guarantee under subtitle A, B or
C of this title if an office of the Department of Agriculture
other than the office in which the employee is located
determines that the employee is otherwise eligible for the loan
or loan guarantee.
Subtitle E--Rural Community Advancement Program
* * * * * * *
SEC. 381E. RURAL DEVELOPMENT TRUST FUND.
(a) * * *
* * * * * * *
(e) National Reserve Account.--
(1) * * *
* * * * * * *
(3) Applicable percentage defined.--In paragraph (1),
the term ``applicable percentage'' means, with respect
to a fiscal year--
(A) * * *
* * * * * * *
(F) 5 percent for [fiscal year 2002] each of
the fiscal years 2002 through 2011.
* * * * * * *
SEC. 381O. RURAL VENTURE CAPITAL DEMONSTRATION PROGRAM.
(a) * * *
(b) Rural Business Investment Pool.--
(1) * * *
* * * * * * *
(3) Amount.--The Secretary shall issue guarantees
covering not more than $15,000,000 of contingent
liabilities for each of fiscal years 1996 through
[2002] 2011.
* * * * * * *
SEC. 381P. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
(a) Rural Area Defined.--In this section, the term ``rural
area'' means such areas as the Secretary may determine.
(b) Establishment.--There is established a National Rural
Development Partnership (in this section referred to as the
``Partnership''), which shall be composed of--
(1) the National Rural Development Coordinating
Committee established in accordance with subsection
(c); and
(2) State rural development councils established in
accordance with subsection (d).
(c) National Rural Development Coordinating Committee.--
(1) Composition.--The National Rural Development
Coordinating Committee (in this section referred to as
the ``Coordinating Committee'') may be composed of--
(A) representatives of all Federal
departments and agencies with policies and
programs that affect or benefit rural areas;
(B) representatives of national associations
of State, regional, local, and tribal
governments and intergovernmental and multi-
jurisdictional agencies and organizations;
(C) national public interest groups; and
(D) other national nonprofit organizations
that elect to participate in the activities of
the Coordinating Committee.
(2) Functions.--The Coordinating Committee may--
(A) provide support for the work of the State
rural development councils established in
accordance with subsection (d); and
(B) develop and facilitate strategies to
reduce or eliminate conflicting or duplicative
administrative and regulatory impediments
confronting rural areas.
(d) State Rural Development Councils.--
(1) Composition.--A State rural development council
may--
(A) be composed of representatives of
Federal, State, local, and tribal governments,
and nonprofit organizations, the private
sector, and other entities committed to rural
advancement; and
(B) have a nonpartisan and nondiscriminatory
membership that is broad and representative of
the economic, social, and political diversity
of the State.
(2) Functions.--A State rural development council
may--
(A) facilitate collaboration among Federal,
State, local, and tribal governments and the
private and non-profit sectors in the planning
and implementation of programs and policies
that affect the rural areas of the State, and
to do so in such a way that provides the
greatest degree of flexibility and innovation
in responding to the unique needs of the State
and the rural areas; and
(B) in conjunction with the Coordinating
Committee, develop and facilitate strategies to
reduce or eliminate conflicting or duplicative
administrative and regulatory impediments
confronting the rural areas of the State.
(e) Administration of the Partnership.--The Secretary may
provide for any additional support staff to the Partnership as
the Secretary determines to be necessary to carry out the
duties of the Partnership.
(f) Termination.--The authority provided by this section
shall terminate on the date that is 5 years after the date of
the enactment of this section.
* * * * * * *
----------
DEPARTMENT OF AGRICULTURE REORGANIZATION ACT OF 1994
* * * * * * *
TITLE II--DEPARTMENT OF AGRICULTURE REORGANIZATION
* * * * * * *
Subtitle D--Food, Nutrition, and Consumer Services
* * * * * * *
SEC. 246. NATURAL RESOURCES CONSERVATION SERVICE.
(a) * * *
(b) Functions.--If the Secretary establishes the Natural
Resources Conservation Service under subsection (a), the
Secretary is authorized to assign to the Service jurisdiction
over the following:
(1) * * *
[(2) The forestry incentive program under section 4
of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2103).]
* * * * * * *
Subtitle H--National Appeals Division
* * * * * * *
SEC. 278. DIRECTOR REVIEW OF DETERMINATIONS OF HEARING OFFICERS.
(a) * * *
* * * * * * *
(f) Finality of Certain Appeal Decisions.--If an appellant
prevails at the regional level in an administrative appeal of a
decision by the Division, the agency may not pursue an
administrative appeal of that decision to the national level.
* * * * * * *
SEC. 281. CONFORMING AMENDMENTS RELATING TO NATIONAL APPEALS DIVISION.
(a) Decisions of State, County, and Area Committees.--
(1) Application of subsection.--This subsection shall
apply only with respect to functions of the
Consolidated Farm Service Agency or the Commodity
Credit Corporation that are under the jurisdiction of a
State, county, or area committee established under
section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)) or an employee of
such a committee, except functions performed pursuant
to section 376 of the Consolidated Farm and Rural
Development Act.
* * * * * * *
----------
AGRICULTURAL RISK PROTECTION ACT OF 2000
* * * * * * *
TITLE II--AGRICULTURAL ASSISTANCE
* * * * * * *
Subtitle C--Research
SEC. 221. CARBON CYCLE RESEARCH.
(a) In General.--[Of the amount made available under section
261(a)(2), the Secretary shall use $15,000,000 to provide] To
the extent funds are made available for this purpose, the
Secretary shall provide a grant to the Consortium for
Agricultural Soils Mitigation of Greenhouse Gases, acting
through Kansas State University, to develop, analyze, and
implement, through the land grant universities described in
subsection (b), carbon cycle research at the national,
regional, and local levels.
* * * * * * *
(d) Administrative Costs.--Not more than 3 percent of the
funds made available [under subsection (a)] for this section
may be used by the Secretary to pay administrative costs
incurred in carrying out this section.
(e) Authorization of Appropriations.--There are authorized to
be appropriated for fiscal years 2002 through 2011 such sums as
may be necessary to carry out this section.
* * * * * * *
Subtitle D--Agricultural Marketing
SEC. 231. VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT GRANTS.
(a) Grant Program.--
[(1) Establishment and purposes.--Of the amount made
available under section 261(a)(2), $15,000,000 shall be
used by the Secretary to award competitive grants to
eligible independent producers (as determined by the
Secretary) of value-added agricultural commodities and
products of agricultural commodities to assist an
eligible producer--
[(A) to develop a business plan for viable
marketing opportunities for a value-added
agricultural commodity or product of an
agricultural commodity; or
[(B) to develop strategies for the ventures
that are intended to create marketing
opportunities for the producers.]
(1) Establishment and purposes.--In each of fiscal
years 2002 through 2011, the Secretary shall use
$50,000,000 of the funds of the Commodity Credit
Corporation to award competitive grants--
(A) to eligible independent producers (as
determined by the Secretary) of value-added
agricultural commodities and products of
agricultural commodities to assist an eligible
producer--
(i) to develop a business plan for
viable marketing opportunities for a
value-added agricultural commodity or
product of an agricultural commodity;
or
(ii) to develop strategies for the
ventures that are intended to create
marketing opportunities for the
producers; and
(B) to public bodies, institutions of higher
learning, and trade associations to assist such
entities--
(i) to develop a business plan for
viable marketing opportunities in
emerging markets for a value-added
agricultural commodity or product of an
agricultural commodity; or
(ii) to develop strategies for the
ventures that are intended to create
marketing opportunities in emerging
markets for the producers.
(2) Amount of grant.--The total amount provided under
this subsection to a grant recipient may not exceed
$500,000.
(3) [Producer] Grantee strategies.--A [producer]
grantee that receives a grant under paragraph (1) shall
use the grant--
(A) to develop a business plan or perform a
feasibility study to establish a viable
marketing opportunity for a value-added
agricultural commodity or product of an
agricultural commodity; or
(B) to provide capital to establish alliances
or business ventures that allow the [producer]
grantee to better compete in domestic or
international markets.
* * * * * * *
TITLE III--BIOMASS RESEARCH AND DEVELOPMENT ACT OF 2000
* * * * * * *
SEC. 302. FINDINGS.
Congress finds that--
(1) * * *
* * * * * * *
(3) biobased fuels, such as ethanol or biodiesel,
have the clear potential to be sustainable, low cost,
and high performance fuels that are compatible with
both current and future transportation systems and
provide near-zero net greenhouse gas emissions;
* * * * * * *
SEC. 303. DEFINITIONS.
In this title:
(1) * * *
* * * * * * *
(3) Biomass.--The term ``biomass'' means any organic
matter that is available on a renewable or recurring
basis, including agricultural crops and trees, wood and
wood wastes and residues, plants (including aquatic
plants), grasses, residues, fibers animal byproducts,,
and animal wastes, municipal wastes, and other waste
materials.
* * * * * * *
SEC. 306. BIOMASS RESEARCH AND DEVELOPMENT TECHNICAL ADVISORY
COMMITTEE.
(a) * * *
(b) Membership.--
(1) In general.--The Advisory Committee shall consist
of--
(A) * * *
* * * * * * *
(E) an individual affiliated with a livestock
trade association;
[(E)] (F) an individual affiliated with an
environmental or conservation organization;
[(F)] (G) an individual associated with State
government who has expertise in biobased
industrial products;
[(G)] (H) an individual with expertise in
energy analysis;
[(H)] (I) an individual with expertise in the
economics of biobased industrial products;
[(I)] (J) an individual with expertise in
agricultural economics; and
[(J)] (K) at the option of the points of
contact, other members.
* * * * * * *
SEC. 307. BIOMASS RESEARCH AND DEVELOPMENT INITIATIVE.
(a) * * *
* * * * * * *
(f ) Authorization of Appropriations.--In addition to funds
appropriated for biomass research and development under the
general authority of the Secretary of Energy to conduct
research and development programs (which may also be used to
carry out this title), there are authorized to be appropriated
to the Department of Agriculture to carry out this title
$49,000,000 for each of fiscal years 2000 through [2005] 2011.
* * * * * * *
SEC. 310. TERMINATION OF AUTHORITY.
The authority provided under this title shall terminate on
December 31, [2005] 2011.
* * * * * * *
----------
SECTION 1011 OF THE LAUNCHING OUR COMMUNITIES' ACCESS TO LOCAL
TELEVISION ACT OF 2000
SEC. 1011. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Cost of Loan Guarantees.--For the cost of the loans
guaranteed under this Act, including the cost of modifying the
loans, as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661(a)), there are authorized to be
appropriated for fiscal years 2001 through 2006, such amounts
as may be necessary. In addition, a total of $200,000,000 of
the funds of the Commodity Credit Corporation shall be
available during fiscal years 2002 through 2006, without fiscal
year limitation, for loan guarantees under this title.
* * * * * * *
----------
SECTION 4 OF THE RURAL ELECTRIFICATION ACT OF 1936
Sec. 4. (a) The Secretary is authorized and empowered, from
the sums hereinbefore authorized, to make loans for rural
electrification to persons, corporations, States, Territories,
and subdivisions and agencies thereof, municipalities, peoples'
utility districts and cooperative, nonprofit, or limited-
dividend associations organized under the laws of any State or
Territory of the United States, for the purpose of financing
the construction and operation of generating plants, electric
transmission and distribution lines or systems for the
furnishing and improving of electric service to persons in
rural areas, including by assisting electric borrowers to
implement demand side management, energy conservation programs,
and on-grid and off-grid renewable energy systems, and loans,
from funds available under section 3, to cooperative
associations and municipalities for the purpose of enabling
said cooperative associations, and municipalities to the extent
that such indebtedness was incurred with respect to electric
transmission and distribution lines or systems or portions
thereof serving persons in rural areas, to discharge or
refinance long-term debts owned by them to the Tennessee Valley
Authority on account of loans made or credit extended under the
terms of the Tennessee Valley Authority Act of 1933, as
amended: Provided, That the Secretary, in making such loans,
shall give preference to States, Territories, and subdivisions
and agencies thereof, municipalities, peoples' utility
districts, and cooperative, nonprofit, or limited-dividend
associations, the projects of which comply with the
requirements of this Act. Such loans shall be on such terms and
conditions relating to the expenditure of the moneys loaned and
the security therefor as the Secretary shall determine and may
be made payable in whole or in part out of the income, except
that no loan for the construction, operation, or enlargement of
any generating plant shall be made unless the consent of the
State authority having jurisdiction in the premises is first
obtained. Loans under this section shall not be made unless the
Secretary finds and certifies that in his judgment the security
therefor is reasonably adequate and such loan will be repaid
within the time agreed.
(b) Loan Guarantees for the Financing of the Purchase of
Renewable Energy Systems.--The Secretary may provide a loan
guarantee, on such terms and conditions as the Secretary deems
appropriate, for the purpose of financing the purchase of a
renewable energy system, including a wind energy system and
anaerobic digestors for the purpose of energy generation, by
any person or individual who is a farmer, a rancher, or an
owner of a small business (as defined by the Secretary) that is
located in a rural area (as defined by the Secretary). In
providing guarantees under this subsection, the Secretary shall
give priority to loans used primarily for power generation on a
farm, ranch, or small business (as so defined).
----------
NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING POLICY ACT OF
1977
* * * * * * *
TITLE XIV--NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
POLICY ACT OF 1977
* * * * * * *
Subtitle A--Findings, Purposes, and Definitions
* * * * * * *
DEFINITIONS
Sec. 1404. When used in this title:
(1) * * *
* * * * * * *
(4) The terms ``college'' and ``university'' mean an
educational institution in any State which (A) admits
as regular students only persons having a certificate
of graduation from a school providing secondary
education, or the recognized equivalent of such a
certificate, (B) is legally authorized within such
State to provide a program of education beyond
secondary education, (C) provides an educational
program for which a bachelor's degree or any other
higher degree is awarded, (D) is a public or other
nonprofit institution, [and] (E) is accredited by a
nationally recognized accrediting agency or
association[.], or (F) is one of the 1994 Institutions
(as defined in section 532 of the Equity in Educational
Land-Grant Status Act of 1994).
* * * * * * *
Subtitle B--Coordination and Planning of Agricultural Research,
Extension, and Teaching
* * * * * * *
SEC. 1408. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND
ECONOMICS ADVISORY BOARD.
(a) * * *
(b) Membership.--
(1) * * *
* * * * * * *
(3) Membership categories.--The Advisory Board shall
consist of members from each of the following
categories:
(A) * * *
* * * * * * *
(R) 1 member representing a nonland grant
college or university with a historic
commitment to research in the food and
agricultural sciences.
[(R)] (S) 1 member representing that portion
of the scientific community not closely
associated with agriculture.
[(S)] (T) 1 member engaged in the
transportation of food and agricultural
products to domestic and foreign markets.
[(T)] (U) 1 member representing food
retailing and marketing interests.
[(U)] (V) 1 member representing food and
fiber processors.
[(V)] (W) 1 member actively engaged in rural
economic development.
[(W)] (X) 1 member representing a national
consumer interest group.
[(X)] (Y) 1 member representing a national
forestry group.
[(Y)] (Z) 1 member representing a national
conservation or natural resource group.
[(Z)] (AA) 1 member representing private
sector organizations involved in international
development.
[(AA)] (BB) 1 member representing an agency
within the Department of Agriculture that lacks
research capabilities.
[(BB)] (CC) 1 member representing a research
agency of the Federal Government (other than
the Department of Agriculture).
[(CC)] (DD) 1 member representing a national
social science association.
[(DD)] (EE) 1 member representing national
organizations directly concerned with
agricultural research, education, and
extension.
* * * * * * *
(c) Duties.--The Advisory Board shall--
(1) review and provide consultation to the Secretary
[and land-grant colleges and universities], land-grant
colleges and universities, and the Committee on
Agriculture of the House of Representatives, the
Committee on Agriculture, Nutrition, and Forestry of
the Senate, the Subcommittee on Agriculture, Rural
Development, Food and Drug Administration and Related
Agencies of the Committee on Appropriations of the
House of Representatives, and the Subcommittee on
Agriculture, Rural Development and Related Agencies of
the Committee on Appropriations of the Senate on long-
term and short-term national policies and priorities,
as set forth in section 1402, relating to agricultural
research, extension, education, and economics;
* * * * * * *
(d) Consultation.--
(1) Duties of advisory board.--In carrying out this
section, the Advisory Board shall consult with any
appropriate agencies of the Department of Agriculture
and solicit opinions and recommendations from persons
who will benefit from and use federally funded
agricultural research, extension, education, and
economics.
* * * * * * *
(h) Termination.--The Advisory Board shall remain in
existence until September 30, [2002] 2011.
* * * * * * *
[SEC. 1412. SUPPORT FOR ADVISORY BOARD.
[(a) To assist the Advisory Board in the performance of its
duties, the Secretary may appoint, after consultation with the
chairperson of the Advisory Board--
[(1) a full-time executive director who shall perform
such duties as the chairperson of the Advisory Board
may direct and who shall receive compensation at a rate
not to exceed the rate payable for GS-18 of the General
Schedule established in section 5332 of title 5, United
States Code; and
[(2) a professional staff of not more than five full-
time employees qualified in the food and agricultural
sciences, of which one shall serve as the executive
secretary to the Advisory Board.
[(b) The Secretary shall provide such additional clerical
assistance and staff personnel as may be required to assist the
Advisory Board in carrying out its duties.
[(c) In formulating its recommendations to the Secretary, the
Advisory Board may obtain the assistance of Department of
Agriculture employees, and, to the maximum extent practicable,
the assistance of employees of other Federal departments and
agencies conducting related programs of agricultural research,
extension, and teaching and of appropriate representatives of
colleges and universities, including State agricultural
experiment stations, cooperative extension services, and other
non-Federal organizations conducting significant programs in
the food and agricultural sciences.]
GENERAL PROVISIONS
Sec. 1413. (a) * * *
* * * * * * *
(c) There are authorized to be appropriated annually such
sums as Congress may determine necessary to carry out the
provisions of [section 1412 of this title and] subsection (b)
of this section.
* * * * * * *
Subtitle C--Agricultural Research and Education Grants and Fellowships
* * * * * * *
SEC. 1417. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURAL SCIENCES
EDUCATION.
(a) * * *
* * * * * * *
(l) Authorization of Appropriations.--There are authorized to
be appropriated for carrying out this section $60,000,000 for
each of the fiscal years 1990 through [2002] 2011.
* * * * * * *
SEC. 1419. GRANTS FOR RESEARCH ON THE PRODUCTION AND MARKETING OF
ALCOHOLS AND INDUSTRIAL HYDROCARBONS FROM
AGRICULTURAL COMMODITIES AND FOREST PRODUCTS.
(a) Authority of Secretary.--The Secretary may award grants
under this section to colleges, universities, and Federal
laboratories for the purpose of conducting research related
to--
(1) * * *
(2) industrial oilseed crops and animal fats and oils
for diesel fuel and petrochemical substitutes;
* * * * * * *
(4) other industrial hydrocarbons or triglycerides
made from agricultural commodities and forest products;
and
* * * * * * *
(d) Authorization of Appropriations.--There are authorized to
be appropriated for the purposes of carrying out this section
$20,000,000 for each of the fiscal years 1991 through [2002]
2011.
SEC. 1419A. POLICY RESEARCH CENTERS.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section for each of fiscal years 1996 through [2002] 2011.
* * * * * * *
Subtitle D--National Food and Human Nutrition Research and Extension
Program
* * * * * * *
SEC. 1424. HUMAN NUTRITION INTERVENTION AND HEALTH PROMOTION RESEARCH
PROGRAM.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section for each of fiscal years 1996 through [2002] 2011.
SEC. 1424A. PILOT RESEARCH PROGRAM TO COMBINE MEDICAL AND AGRICULTURAL
RESEARCH.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--There are authorized to
be appropriated $10,000,000 for each of fiscal years 1997
through [2002] 2011 to carry out the pilot program.
NUTRITION EDUCATION PROGRAM
Sec. 1425. (a) * * *
* * * * * * *
(c) Beginning with the fiscal year ending September 30,
1982--
(1) * * *
* * * * * * *
(3) There is authorized to be appropriated to carry
out the expanded food and nutrition education program
established under section 3(d) of the Act of May 8,
1914 (38 Stat. 373, chapter 79; 7 U.S.C. 343(d) and
this section, $83,000,000 for each of fiscal years 1996
through [2002] 2011.
* * * * * * *
Subtitle E--Animal Health and Disease Research
* * * * * * *
APPROPRIATIONS FOR CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH
PROGRAMS
Sec. 1433. (a) There are authorized to be appropriated such
funds as Congress may determine necessary to support continuing
animal health and disease research programs at eligible
institutions, but not to exceed $25,000,000 for each of the
fiscal years 1991 through [2002] 2011, and not in excess of
such sums as may after the date of enactment of this title be
authorized by law for any subsequent fiscal year. Funds
appropriated under this section shall be used: (1) to meet
expenses of conducting animal health and disease research,
publishing and disseminating the results of such research, and
contributing to the retirement of employees subject to the
provisions of the Act of March 4, 1940 (54 Stat. 39-40, as
amended; 7 U.S.C. 331); (2) for administrative planning and
direction; and (3) to purchase equipment and supplies necessary
for conducting such research.
* * * * * * *
APPROPRIATIONS FOR RESEARCH ON NATIONAL OR REGIONAL PROBLEMS
Sec. 1434. (a) There are authorized to be appropriated such
funds as Congress may determine necessary to support research
on specific national or regional animal health or disease
problems, or national or regional problems relating to pre-
harvest, on-farm food safety, or animal well-being, but not to
exceed $35,000,000 for each of the fiscal years 1991 through
[2002] 2011, and not in excess of such sums as may after the
date of enactment of this title be authorized by law for any
subsequent fiscal year.
* * * * * * *
Subtitle G--1890 Land-Grant College Funding
* * * * * * *
SEC. 1447. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES FACILITIES
AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE
UNIVERSITY.
(a) * * *
(b) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Agriculture for the
purposes of carrying out the provisions of this section,
$15,000,000 for each of fiscal years 1996 through [2002] 2011,
and such sums shall remain available until expended.
* * * * * * *
SEC. 1448. NATIONAL RESEARCH AND TRAINING CENTENNIAL CENTERS.
(a) Competitive Grants Authorized.--The Secretary of
Agriculture may make a competitive grant to five national
research and training centennial centers located at colleges
(or a consortia of such colleges) eligible to receive funds
under the Act of August 30, 1890 (7 U.S.C. 321 et seq.),
including Tuskegee University, that--
(1) have been designated by the Secretary for the
fiscal years 1991 through 1995, or fiscal years 1996
through [2002] 2011, as national research and training
centennial centers; and
* * * * * * *
(f) Authorization of Appropriations.--There are authorized to
be appropriated $2,000,000 for each of the fiscal years 1991
through [2002] 2011 for grants under this section.
* * * * * * *
SEC. 1449. MATCHING FUNDS REQUIREMENT FOR RESEARCH AND EXTENSION
ACTIVITIES AT ELIGIBLE INSTITUTIONS.
(a) * * *
* * * * * * *
[(c) Matching Formula.--Notwithstanding any other provision
of this subtitle, the distribution of formula funds to an
eligible institution shall be subject to the following matching
requirements:
[(1) For fiscal year 2000, the State shall provide
matching funds from non-Federal sources in an amount
equal to not less than 30 percent of the formula funds
to be distributed to the eligible institution.
[(2) For fiscal year 2001, the State shall provide
matching funds from non-Federal sources in an amount
equal to not less than 45 percent of the formula funds
to be distributed to the eligible institution.
[(3) For fiscal year 2002 and each fiscal year
thereafter, the State shall provide matching funds from
non-Federal sources in an amount equal to not less than
50 percent of the formula funds to be distributed to
the eligible institution.
[(d) Limited Waiver Authority.--
[(1) Fiscal year 2000.--Notwithstanding subsection
(f), the Secretary may waive the matching funds
requirement under subsection (c)(1) for fiscal year
2000 for an eligible institution of a State if the
Secretary determines that, based on the report received
under subsection (b), the State will be unlikely to
satisfy the matching requirement.
[(2) Future fiscal years.--The Secretary may not
waive the matching requirement under subsection (c) for
any fiscal year other than fiscal year 2000.]
(c) Matching Formula.--For each of fiscal years 2003 through
2011, the State shall provide matching funds from non-Federal
sources. Such matching funds shall be for an amount equal to
not less than 60 percent of the formula funds to be distributed
to the eligible institution, and shall increase by 10 percent
each fiscal year thereafter until fiscal year 2007.
(d) Waiver Authority.--Notwithstanding subsection (f), the
Secretary may waive the matching funds requirement under
subsection (c) above the 50 percent level for fiscal years 2003
through 2011 for an eligible institution of a State if the
Secretary determines that the State will be unlikely to satisfy
the matching requirement.
* * * * * * *
(g) Matching Funds Requirement for the Land-Grant Colleges in
the United States Territories.--
(1) Land-grant colleges of the United States
territories, including the Commonwealth of Puerto Rico,
Guam, the Virgin Islands, the Northern Mariana Islands,
American Samoa, and Micronesia, shall be excluded from
the definition of eligible institution (as defined in
subsection (a)(1)).
(2) Matching formula.--Notwithstanding any other
provision of this subtitle, for fiscal years 2003
through 2011, the State shall provide matching funds
from non-Federal sources in an amount equal to not less
than 50 percent of the formula funds to be distributed
to the eligible institution.
(3) Waiver authority.--Notwithstanding subsection
(f), the Secretary may waive the matching funds
requirements under subsection (a)(2)(A) for any of
fiscal years 2003 through 2011 for an eligible
institution of a State if the Secretary determines that
the territory will be unlikely to satisfy the matching
requirement for that fiscal year.
Subtitle H--Programs for Hispanic-Serving Institutions
SEC. 1455. EDUCATION GRANTS PROGRAMS FOR HISPANIC-SERVING INSTITUTIONS.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--There are authorized to
be appropriated to make grants under this section $20,000,000
for each of fiscal years 1997 through [2002] 2011.
Subtitle I--International Research, Extension, and Teaching
SEC. 1458. INTERNATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND
TEACHING.
(a) Authority of the Secretary.--To carry out the policy of
this subtitle, the Secretary (in consultation with the Agency
for International Development and subject to such coordination
with other Federal officials, Departments, and agencies as the
President may direct) may--
(1) * * *
* * * * * * *
(8) continue, in cooperation with the Secretary of
State, a program, coordinated through the International
Arid Land Consortium, to enhance collaboration and
cooperation between institutions possessing research,
extension, and teaching capabilities applied to the
development, management, and reclamation of arid lands;
[and]
(9) make competitive grants for collaborative
projects that--
(A) * * *
* * * * * * *
(D) encourage private sector involvement and
the leveraging of private sector funds[.]; and
(10) establish a program, to be coordinated by the
Cooperative State Research, Education, and Extension
Service and the Foreign Agricultural Service, to place
interns from United States colleges and universities at
Foreign Agricultural Service field offices overseas.
* * * * * * *
SEC. 1459A. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL SCIENCE
AND EDUCATION PROGRAMS.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section for each of fiscal years 1999 through [2002] 2011.
* * * * * * *
Subtitle K--Funding and Miscellaneous Provisions
* * * * * * *
AUTHORIZATION FOR APPROPRIATIONS FOR EXISTING AND CERTAIN NEW
AGRICULTURAL RESEARCH PROGRAMS
Sec. 1463. (a) Notwithstanding any authorization for
appropriations for agricultural research in any Act enacted
prior to the date of enactment of this title, there are hereby
authorized to be appropriated for the purposes of carrying out
the provisions of this title, except sections 1417, 1419, 1420,
and the competitive grants program provided for in section
1414, and except that the authorization for moneys provided
under the Act of March 2, 1887 (24 Stat. 440-442, as amended; 7
U.S.C. 361a-361i), is excluded and is provided for in
subsection (b) of this section, $850,000,000 for each of the
fiscal years 1991 through [2002] 2011.
(b) Notwithstanding any authorization for appropriations for
agricultural research at State agricultural experiment stations
in any Act enacted prior to the date of enactment of this
title, there are hereby authorized to be appropriated for the
purpose of conducting agricultural research at State
agricultural experiment stations pursuant to the Act of March
2, 1887 (24 Stat. 440-442, as amended; 7 U.S.C. 361a-361i),
$310,000,000 for each of the fiscal years 1991 through [2002]
2011.
* * * * * * *
Sec. 1464. Notwithstanding any authorization for
appropriations for the Cooperative Extension Service in any Act
enacted prior to the date of enactment of this title, there are
hereby authorized to be appropriated for the purposes of
carrying out the extension programs of the Department of
Agriculture $420,000,000 for fiscal year 1991, $430,000,000 for
fiscal year 1992, $440,000,000 for fiscal year 1993,
$450,000,000 for fiscal year 1994, and $460,000,000 for each of
fiscal years 1995 through [2002] 2011.
* * * * * * *
SUPPLEMENTAL AND ALTERNATIVE CROPS
Sec. 1473D. (a) Notwithstanding any other provision of law,
during the period beginning October 1, 1986, and ending
September 30, [2002] 2011, the Secretary shall develop and
implement a research project for the development of
supplemental and alternative crops, using such funds as are
appropriated to the Secretary each fiscal year under this
title.
* * * * * * *
Subtitle L--Aquaculture
* * * * * * *
AUTHORIZATION FOR APPROPRIATIONS
Sec. 1477. There is authorized to be appropriated $7,500,000
for each of the fiscal years 1991 through [2002] 2011. Funds
appropriated under this section or section 1476 may not be used
to acquire or construct a building.
* * * * * * *
Subtitle M--Rangeland Research
* * * * * * *
APPROPRIATIONS
Sec. 1483. (a) There are authorized to be appropriated, to
implement the provisions of this subtitle, such sums not to
exceed $10,000,000 for each of the fiscal years 1991 through
[2002] 2011.
* * * * * * *
----------
AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM ACT OF 1998
* * * * * * *
TITLE IV--NEW AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION
INITIATIVES
Sec. 401. Initiative for Future Agriculture and Food Systems.
* * * * * * *
Sec. 408. Support for research regarding diseases of wheat [and barley
caused by Fusarium graminearum], triticale, and barley caused
by Fusarium graminearum or by Tilletia indica.
* * * * * * *
TITLE IV--NEW AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION
INITIATIVES
SEC. 401. INITIATIVE FOR FUTURE AGRICULTURE AND FOOD SYSTEMS.
(a) * * *
(b) Funding.--
[(1) In general.--On October 1, 1998, and each
October 1 thereafter through October 1, 2002, out of
any funds in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall transfer
$120,000,000 to the Account.]
(1) In general.--
(A) Total amount to be transferred.--On
October 1, 2003, and each October 1 thereafter
through September 30, 2011, out of any funds in
the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer funds
into the Account. The total amount transferred
under this subparagraph shall equal
$1,160,000,000.
(B) Equal amounts.--To the maximum extent
practicable, the amounts transferred into the
Account pursuant to subparagraph (A) shall be
transferred in equal amounts for each fiscal
year.
(C) Availability of funds.--Amounts
transferred into the Account pursuant to
subparagraph (A) shall remain available until
expended.
* * * * * * *
(c) Purposes.--
(1) * * *
(2) Priority mission areas.--In making grants under
this section, the Secretary, in consultation with the
Advisory Board, shall address priority mission areas
related to--
(A) * * *
* * * * * * *
(E) natural resource management, including
precision agriculture; [and]
(F) farm efficiency and profitability,
including the viability and competitiveness of
small- and medium-sized dairy, livestock, crop,
and other commodity operations[.]; and
(G) alternative fuels and renewable energy
sources.
* * * * * * *
(f) Administration.--
(1) * * *
* * * * * * *
[(6) Availability of funds.--Funds for grants under
this section shall be available to the Secretary for
obligation for a 2-year period.]
(6) Availability of funds.--Funds made available
under this section to the Secretary prior to October 1,
2003, for grants under this section shall be available
to the Secretary for a 2-year period.
* * * * * * *
SEC. 402. PARTNERSHIPS FOR HIGH-VALUE AGRICULTURAL PRODUCT QUALITY
RESEARCH.
(a) * * *
* * * * * * *
(g) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section for each of fiscal years 1999 through [2002] 2011.
SEC. 403. PRECISION AGRICULTURE.
(a) Definitions.--In this section:
(1) * * *
* * * * * * *
(5) Systems research.--The term ``systems research''
means an integrated, coordinated, and iterative
investigative process that involves--
(A) * * *
* * * * * * *
(F) farm production efficiencies (including
improved use of energy inputs), productivity,
and profitability.
* * * * * * *
(d) Grant Priorities.--In making grants to eligible entities
under this section, the Secretary, in consultation with the
Advisory Board, shall give priority to research, education, or
information dissemination projects designed to accomplish the
following:
(1) * * *
* * * * * * *
(4) Improve on farm energy use efficiencies.
[(4)] (5) Maximize the involvement and cooperation of
precision agriculture producers, certified crop
advisers, State cooperative extension services agents,
agricultural input machinery, product and service
providers, nonprofit organizations, agribusinesses,
veterinarians, land-grant colleges and universities,
and Federal agencies in precision agriculture systems
research projects involving on-farm research,
education, and dissemination of precision agriculture
information.
[(5)] (6) Maximize collaboration with multiple
agencies and other partners, including through
leveraging of funds and resources.
* * * * * * *
(i) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated such sums as are necessary to carry out
this section for each of fiscal years 1999 through
[2002] 2011, of which, for each fiscal year--
(A) * * *
* * * * * * *
SEC. 404. BIOBASED PRODUCTS.
(a) * * *
* * * * * * *
(e) Pilot Project.--The Secretary, acting through the
Agricultural Research Service, may establish and carry out a
pilot project under which grants are provided, on a competitive
basis, to scientists of the Agricultural Research Service to--
(1) * * *
(2) during each of fiscal years 1999 through [2001]
2011, develop biobased products with promising
commercial potential.
* * * * * * *
(h) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section for each of fiscal years 1999 through [2002] 2011.
SEC. 405. THOMAS JEFFERSON INITIATIVE FOR CROP DIVERSIFICATION.
(a) Initiative Required.--The Secretary of Agriculture shall
provide for a research initiative (to be known as the ``Thomas
Jefferson Initiative for Crop Diversification'') for the
purpose of conducting research and development, in cooperation
with other public and private entities, on the production [and
marketing], marketing, and efficient use of new and
nontraditional crops needed to strengthen and diversify the
agricultural production base of the United States.
* * * * * * *
(h) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section for each of fiscal years 1999 through [2002] 2011.
SEC. 406. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION COMPETITIVE
GRANTS PROGRAM.
(a) * * *
* * * * * * *
(e) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section for each of fiscal years 1999 through [2002] 2011.
SEC. 407. COORDINATED PROGRAM OF RESEARCH, EXTENSION, AND EDUCATION TO
IMPROVE VIABILITY OF SMALL AND MEDIUM SIZE DAIRY,
LIVESTOCK, AND POULTRY OPERATIONS.
(a) * * *
(b) Components.--To the extent the Secretary elects to carry
out the program, the Secretary shall conduct--
(1) * * *
* * * * * * *
(3) research and extension on integrated crop and
livestock or poultry systems that increase efficiencies
(including improved use of energy inputs), reduce
costs, and prevent environmental pollution to
strengthen the competitive position of the operations;
* * * * * * *
SEC. 408. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT [AND BARLEY
CAUSED BY FUSARIUM GRAMINEARUM], TRITICALE, AND
BARLEY CAUSED BY FUSARIUM GRAMINEARUM OR BY
TILLETIA INDICA.
[(a) Research Grant Authorized.--The Secretary of Agriculture
may make a grant to a consortium of land-grant colleges and
universities to enhance the ability of the consortium to carry
out a multi-State research project aimed at understanding and
combating diseases of wheat and barley caused by Fusarium
graminearum and related fungi (referred to in this section as
``wheat scab'').]
(a) Research Grant Authorized.--The Secretary of Agriculture
may make grants to consortia of land-grant colleges and
universities to enhance the ability of the consortia to carry
out multi-State research projects aimed at understanding and
combating diseases of wheat, triticale, and barley caused by
Fusarium graminearum and related fungi (referred to in this
section as ``wheat scab'') or by Tilletia indica and related
fungi (referred to in this section as ``Karnal bunt'').
(b) Research Components.--Funds provided under this section
shall be available for the following collaborative, multi-State
research activities:
(1) Identification and understanding of the
epidemiology of wheat scab or of Karnal bunt, and the
toxicological properties of vomitoxin, a toxic
metabolite commonly occurring in wheat, triticale, and
barley infected with wheat scab.
(2) Development of crop management strategies to
reduce the risk of wheat scab or Karnal bunt
occurrence.
(3) Development of--
(A) efficient and accurate methods to monitor
wheat [and barley for the presence of],
triticale, and barley for the presence of
Karnal bunt or of wheat scab and resulting
vomitoxin contamination;
(B) post-harvest management techniques for
wheat [and barley infected with wheat scab],
triticale, and barley infected with wheat scab
or with Karnal bunt; and
(C) milling and food processing techniques to
render wheat scab contaminated grain safe.
(4) Strengthening and expansion of plant-breeding
activities to enhance the resistance of wheat [and
barley to wheat scab], triticale, and barley to wheat
scab and to Karnal bunt, including the establishment of
a regional advanced breeding material evaluation
nursery and a germplasm introduction and evaluation
system.
(5) Development and deployment of alternative
fungicide application systems and formulations to
control wheat scab and Karnal bunt and consideration of
other chemical control strategies to assist farmers
until new more resistant wheat, triticale, and barley
varieties are available.
(c) Communications Networks.--Funds provided under this
section shall be available for efforts to concentrate,
integrate, and disseminate research, extension, and outreach-
orientated information regarding wheat scab or Karnal bunt.
* * * * * * *
(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $5,200,000 for each
of fiscal years 1999 through [2002] 2011.
SEC. 409. BOVINE JOHNE'S DISEASE CONTROL PROGRAM.
(a) Establishment.--The Secretary of Agriculture, in
coordination with State veterinarians and other appropriate
State animal health professionals, may establish a program to
conduct research, testing, and evaluation of programs for the
control and management of Johne's disease in livestock.
(b) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary such sums as may be necessary
to carry out this section for each of fiscal years 2003 through
2011.
* * * * * * *
TITLE VI--MISCELLANEOUS PROVISIONS
* * * * * * *
Subtitle B--New Authorities
* * * * * * *
SEC. 614. OFFICE OF PEST MANAGEMENT POLICY.
(a) * * *
* * * * * * *
(f) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section for each of fiscal years 1999 through [2002] 2011.
SEC. 615. FOOD SAFETY RESEARCH INFORMATION OFFICE [AND NATIONAL
CONFERENCE].
[(a) Food Safety Research Information Office.--]
[(1)] (a) Establishment.--The Secretary of Agriculture shall
establish a Food Safety Research Information Office at the
National Agricultural Library.
[(2)] (b) Purpose.--The Office shall provide to the research
community and the general public information on publicly
funded, and to the maximum extent practicable, privately funded
food safety research initiatives for the purpose of--
[(A)] (1) preventing unintended duplication of food
safety research; and
[(B)] (2) assisting the executive and legislative
branches of the Federal Government and private research
entities to assess food safety research needs and
priorities.
[(3)] (c) Cooperation.--The Office shall carry out this
[subsection] section in cooperation with the National
Institutes of Health, the Food and Drug Administration, the
Centers for Disease Control and Prevention, public
institutions, and, on a voluntary basis, private research
entities.
[(b) National Conference; Annual Workshops.--Not later than
120 days after the date of enactment of this Act, the Secretary
shall sponsor a conference to be known as the ``National
Conference on Food Safety Research'', for the purpose of
beginning the task of prioritization of food safety research.
The Secretary shall sponsor annual workshops in each of the
subsequent 4 years after the conference so that priorities can
be updated or adjusted to reflect changing food safety
concerns.
[(c) Food Safety Report.--With regard to the study and report
to be prepared by the National Academy of Sciences on the
scientific and organizational needs for an effective food
safety system, the study shall include recommendations to
ensure that the food safety inspection system, within the
resources traditionally available to existing food safety
agencies, protects the public health.]
* * * * * * *
[SEC. 617. REIMBURSEMENT OF EXPENSES INCURRED UNDER SHEEP PROMOTION,
RESEARCH, AND INFORMATION ACT OF 1994.
[Using funds available to the Agricultural Marketing Service,
the Service may reimburse the American Sheep Industry
Association for expenses incurred by the American Sheep
Industry Association between February 6, 1996, and May 17,
1996, in preparation for the implementation of a sheep and wool
promotion, research, education, and information order under the
Sheep Promotion, Research, and Information Act of 1994 (7
U.S.C. 7101 et seq.).]
* * * * * * *
----------
EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994
* * * * * * *
TITLE V--MISCELLANEOUS PROVISIONS
* * * * * * *
PART C--1994 INSTITUTIONS
* * * * * * *
SEC. 532. DEFINITION.
As used in this part, the term ``1994 Institutions'' means
any one of the following colleges:
[(1) Bay Mills Community College.
[(2) Blackfeet Community College.
[(3) Cheyenne River Community College.
[(4) D-Q University.
[(5) Dullknife Memorial College.
[(6) Fond Du Lac Community College.
[(7) Fort Belknap Community College.
[(8) Fort Berthold Community College.
[(9) Fort Peck Community College.
[(10) LacCourte Orielles Ojibwa Community College.
[(11) Little Big Horn Community College.
[(12) Little Hoop Community College.
[(13) Nebraska Indian Community College.
[(14) Northwest Indian College.
[(15) Oglala Lakota College.
[(16) Salish Kootenai College.
[(17) Sinte Gleska University.
[(18) Sisseton Wahpeton Community College.
[(19) Standing Rock College.
[(20) Stonechild Community College.
[(21) Turtle Mountain Community College.
[(22) Navajo Community College.
[(23) United Tribes Technical College.
[(24) Southwest Indian Polytechnic Institute.
[(25) Institute of American Indian and Alaska Native
Culture and Arts Development.
[(26) Crownpoint Institute of Technology.
[(27) Haskell Indian Junior College.
[(28) Leech Lake Tribal College.
[(29) College of the Menominee Nation.
[(30) Little Priest Tribal College.]
(1) Bay Mills Community College.
(2) Blackfeet Community College.
(3) Cankdeska Cikana Community College.
(4) College of Menominee Nation.
(5) Crownpoint Institute of Technology.
(6) D-Q University.
(7) Dine College.
(8) Dull Knife Memorial College.
(9) Fond du Lac Tribal and Community College.
(10) Fort Belknap College.
(11) Fort Berthold Community College.
(12) Fort Peck Community College.
(13) Haskell Indian Nations University.
(14) Institute of American Indian and Alaska Native
Culture and Arts Development.
(15) Lac Courte Oreilles Ojibwa Community College.
(16) Leech Lake Tribal College.
(17) Little Big Horn College.
(18) Little Priest Tribal College.
(19) Nebraska Indian Community College.
(20) Northwest Indian College.
(21) Oglala Lakota College.
(22) Salish Kootenai College.
(23) Sinte Gleska University.
(24) Sisseton Wahpeton Community College.
(25) Si Tanka/Huron University.
(26) Sitting Bull College.
(27) Southwestern Indian Polytechnic Institute.
(28) Stone Child College.
(29) Turtle Mountain Community College.
(30) United Tribes Technical College.
SEC. 533. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.
(a) In General.--
(1) * * *
* * * * * * *
(3) Accreditation.--To receive funding [under
sections 534 and 535] under sections 534, 535, and 536,
a 1994 Institution shall certify to the Secretary that
the 1994 Institution--
(A) * * *
* * * * * * *
(b) Authorization of Appropriations.--There are authorized to
be appropriated [$4,600,000 for each of fiscal years 1996
through 2000.] such sums as are necessary to carry out this
section for each of fiscal years 1996 through 2011. Amounts
appropriated pursuant to this section shall be held and
considered to have been granted to 1994 Institutions to
establish an endowment pursuant to subsection (c).
(c) Endowment.--
(1) * * *
* * * * * * *
(4) Withdrawals and expenditures.--The Secretary may
not make a withdrawal or expenditure from the endowment
fund corpus. On the termination of each fiscal year,
the Secretary shall withdraw the amount of the income
from the endowment fund for the fiscal year, and after
making adjustments for the cost of administering the
endowment fund, distribute the adjusted income as
follows:
(A) 60 percent of the adjusted income shall
be distributed among the 1994 Institutions on a
pro rata basis. The proportionate share of the
adjusted income received by a 1994 Institution
under this subparagraph shall be based on the
Indian student count (as defined in [section
390(3) of the Carl D. Perkins Vocational and
Applied Technology Education Act, as such
section was in effect on the day preceding the
date of enactment of the Carl D. Perkins
Vocational and Applied Technology Education
Amendments of 1998)] section 2(a)(7) of the
Tribally Controlled College or University
Assistance Act of 1978) for each 1994
Institution for the fiscal year.
* * * * * * *
SEC. 534. APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) In general.--For fiscal year 1996, and for each
fiscal year thereafter, there are authorized to be
appropriated to the Department of the Treasury an
amount equal to--
(A) [$50,000] $100,000; multiplied by
* * * * * * *
SEC. 535. INSTITUTIONAL CAPACITY BUILDING GRANTS.
(a) * * *
(b) In General.--
(1) Institutional capacity building grants.--For each
of fiscal years 1996 through [2000] 2011, the Secretary
shall make two or more institutional capacity building
grants to assist 1994 Institutions with constructing,
acquiring, and remodeling buildings, laboratories, and
other capital facilities (including fixtures and
equipment) necessary to conduct instructional
activities more effectively in agriculture and
sciences.
* * * * * * *
(c) Authorization of Appropriations.--There are authorized to
be appropriated to the Department of Agriculture to carry out
this section, $1,700,000 for each of fiscal years 1996 through
[2000] 2011.
SEC. 536. RESEARCH GRANTS.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section for each of fiscal years 1999 through [2002] 2011.
Amounts appropriated shall remain available until expended.
* * * * * * *
----------
RESEARCH FACILITIES ACT
* * * * * * *
SEC. 2. DEFINITIONS.
In this Act:
(1) * * *
* * * * * * *
[(3) Food and agricultural sciences.--The term ``food
and agricultural sciences'' means--
[(A) agriculture, including soil and water
conservation and use, the use of organic
materials to improve soil tilth and fertility,
plant and animal production and protection, and
plant and animal health;
[(B) the processing, distribution, marketing,
and utilization of food and agricultural
products;
[(C) forestry, including range management,
production of forest and range products,
multiple use of forests and rangelands, and
urban forestry;
[(D) aquaculture (as defined in section
1404(3) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103(3));
[(E) human nutrition;
[(F) production inputs, such as energy, to
improve productivity; and
[(G) germ plasm collection and preservation.]
(3) Food and agricultural sciences.--The term ``food
and agricultural sciences'' has the meaning given that
term in section 1404(8) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103(8)).
* * * * * * *
[(5) Task force.--The term ``task force'' means the
Strategic Planning Task Force established under section
4.]
* * * * * * *
[SEC. 4. TASK FORCE ON 10-YEAR STRATEGIC PLAN FOR AGRICULTURAL RESEARCH
FACILITIES.
[(a) Establishment.--Not later than 6 months after the date
of enactment of the Federal Agriculture Improvement and Reform
Act of 1996, the Secretary shall establish a task force, to be
known as the ``Strategic Planning Task Force''. The task force
shall be comprised of 15 members.
[(b) Composition.--The Secretary shall select the members of
the task force from a list of individuals recommended by the
Advisory Board established under section 1408 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3123). In submitting the list to the Secretary,
the Board may recommend for selection individuals (including
members of the Advisory Board) who have expertise in facilities
development, modernization, construction, consolidation, and
closure.
[(c) Duties.--The task force shall review all currently
operating agricultural research facilities constructed in whole
or in part with Federal funds, and all planned agricultural
research facilities proposed to be constructed with Federal
funds, pursuant to criteria established by the Secretary, to
ensure that a comprehensive research capacity is maintained.
[(d) 10-Year Strategic Plan.--Not later than 2 years after
the task force is established, the task force shall prepare and
submit to the Secretary and the congressional agriculture
committees a 10-year strategic plan, reflecting both national
and multistate perspectives, for development, modernization,
construction, consolidation, and closure of Federal
agricultural research facilities and agricultural research
facilities proposed to be constructed with Federal funds.
[(e) Applicability of Federal Advisory Committee Act.--
[(1) Public meetings.--All meetings of the task force
shall be publicly announced in advance and shall be
open to the public. Detailed minutes of meetings and
other appropriate records of the activities of the task
force shall be kept and made available to the public on
request.
[(2) Exemption.--The Federal Advisory Committee Act
(5 U.S.C. App.) and title XVIII of the Food and
Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall
not apply to the task force.
[(f) Definition of Agricultural Research Facility.--
Notwithstanding section 2(1), in this section the term
``agricultural research facility'' means a facility for
research in food and agricultural sciences.
[(g) Comprehensive Research Capacity.--After submission of
the 10-year strategic plan required under subsection (d), the
Secretary shall continue to review periodically each operating
agricultural research facility constructed in whole or in part
with Federal funds, and each planned agricultural research
facility proposed to be constructed in whole or in part with
Federal funds, pursuant to criteria established by the
Secretary, to ensure that a comprehensive research capacity is
maintained.]
* * * * * * *
SEC. 6. ADDITIONAL PROTECTIONS FOR ANIMAL OR AGRICULTURAL ENTERPRISES,
RESEARCH FACILITIES, AND OTHER ENTITIES AGAINST
DISRUPTION.
(a) Definitions.--For the purposes of this section, the
following definitions apply:
(1) Animal or agricultural enterprise.--The term
``animal or agricultural enterprise'' means any of the
following:
(A) A commercial, governmental, or academic
enterprise that uses animals, plants, or other
biological materials for food or fiber
production, breeding, processing, research, or
testing.
(B) A zoo, aquarium, circus, rodeo, or other
entity that exhibits or uses animals, plants,
or other biological materials for educational
or entertainment purposes.
(C) A fair or similar event intended to
advance agricultural arts and sciences.
(D) A facility managed or occupied by an
association, federation, foundation, council,
or other group or entity of food or fiber
producers, processors, or agricultural or
biomedical researchers intended to advance
agricultural or biomedical arts and sciences.
(2) Economic damage.--The term ``economic damage''
means the replacement of the following:
(A) The cost of lost or damaged property
(including all real and personal property) of
an animal or agricultural enterprise.
(B) The cost of repeating an interrupted or
invalidated experiment.
(C) The loss of revenue (including costs
related to business recovery) directly related
to the disruption of an animal or agricultural
enterprise.
(D) The cost of the tuition and expenses of
any student to complete an academic program
that was disrupted, or to complete a
replacement program, when the tuition and
expenses are incurred as a result of the damage
or loss of the property of an animal or
agricultural enterprise.
(3) Property of an animal or agricultural
enterprise.--The term ``property of an animal or
agricultural enterprise'' means real and personal
property of or used by any of the following:
(A) An animal or agricultural enterprise.
(B) An employee of an animal or agricultural
enterprise.
(C) A student attending an academic animal or
agricultural enterprise.
(4) Disruption.--The term ``disruption'' does not
include any lawful disruption that results from lawful
public, governmental, or animal or agricultural
enterprise employee reaction to the disclosure of
information about an animal or agricultural enterprise.
(b) Violation.--A person may not recklessly, knowingly, or
intentionally cause, or contribute to, the disruption of the
functioning of an animal or agricultural enterprise by damaging
or causing the loss of any property of the animal or
agricultural enterprise that results in economic damage, as
determined by the Secretary.
(c) Assessment of Civil Penalty.--
(1) In general.--The Secretary may impose on any
person that the Secretary determines violates
subsection (b) a civil penalty in an amount determined
under paragraphs (2) and (3). The civil penalty may be
assessed only on the record after an opportunity for a
hearing.
(2) Recovery of department costs.--The civil penalty
assessed by the Secretary against a person for a
violation of subsection (b) shall be not less than the
total cost incurred by the Secretary for investigation
of the violation, conducting any hearing regarding the
violation, and assessing the civil penalty.
(3) Recovery of economic damage.--In addition to the
amount determined under paragraph (2), the amount of
the civil penalty shall include an amount not less than
the total cost (or, in the case of knowing or
intentional disruption, not less than 150 percent of
the total cost) of the economic damage incurred by the
animal or agricultural enterprise, any employee of the
animal or agricultural enterprise, or any student
attending an academic animal or agricultural enterprise
as a result of the damage or loss of the property of an
animal or agricultural enterprise.
(d) Identification.--The Secretary shall identify for each
civil penalty assessed under subsection (c), the portion of the
amount of the civil penalty that represents the recovery of
Department costs and the portion that represents the recovery
of economic losses.
(e) Other Factors in Determining Penalty.--In determining the
amount of a civil penalty under subsection (c), the Secretary
shall consider the following:
(1) The nature, circumstance, extent, and gravity of
the violation or violations.
(2) The ability of the injured animal or agricultural
enterprise to continue to operate, costs incurred by
the animal or agricultural enterprise to recover lost
business, and the effect of the violation on earnings
of employees of the animal or agricultural enterprise.
(3) The interruptions experienced by students
attending an academic animal or agricultural
enterprise.
(4) Whether the violator has previously violated
subsection (a).
(5) The violator's degree of culpability.
(f) Fund To Assist Victims of Disruption.--
(1) Fund established.--There is established in the
Treasury a fund which shall consist of that portion of
each civil penalty collected under subsection (c) that
represents the recovery of economic damages.
(2) Use of amounts in fund.--The Secretary of
Agriculture shall use amounts in the fund to compensate
animal or agricultural enterprises, employees of an
animal or agricultural enterprise, and student
attending an academic animal or agricultural enterprise
for economic losses incurred as a result of the
disruption of the functioning of an animal or
agricultural enterprise in violation of subsection (b).
SEC. [6] 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there are
authorized to be appropriated such sums as are necessary for
each of fiscal years 1996 through [2002] 2011 for the study,
plan, design, structure, and related costs of agricultural
research facilities under this Act.
* * * * * * *
----------
SECTION 2 OF THE COMPETITIVE, SPECIAL AND FACILITIES RESEARCH GRANT ACT
SEC. 2. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANTS.
(a) Establishment of Grant Program.--(1) * * *
* * * * * * *
(3) Determination of high priority research.--
Research priorities shall be determined by the
Secretary on an annual basis, taking into account input
as gathered by the Secretary through the National
Agricultural Research, Extension, Education, and
Economics Advisory Board.
* * * * * * *
(b) Competitive Grants.--(1) * * *
* * * * * * *
(10) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this subsection $150,000,000
for fiscal year 1991, $275,000,000 for fiscal year 1992,
$350,000,000 for fiscal year 1993, $400,000,000 for fiscal year
1994, and $500,000,000 for each of fiscal years 1995 through
[2002] 2011, of which each fiscal year--
* * * * * * *
----------
NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING POLICY ACT
AMENDMENTS OF 1985
* * * * * * *
TITLE XIV--NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
Subtitle A--General Provisions
* * * * * * *
[agricultural information exchange with ireland
[Sec. 1420. (a) The Secretary of Agriculture shall undertake
discussions with representatives of the Government of Ireland
that may lead to an agreement that will provide for the
development of a program between the United States and Ireland
whereby there will be--
[(1) a greater exchange of--
[(A) agricultural scientific and educational
information, techniques, and data;
[(B) agricultural marketing information,
techniques, and data; and
[(C) agricultural producer, student, teacher,
agribusiness (private and cooperative)
personnel; and
[(2) the fostering of joint investment ventures,
cooperative research, and the expansion of United
States trade with Ireland.
[(b) The Secretary shall periodically report to the Chairman
of the Committee on Agriculture of the House of Representatives
and the Chairman of the Committee on Agriculture, Nutrition,
and Forestry of the Senate to keep such Committees apprised of
the progress and accomplishments, and such other information as
the Secretary considers appropriate, with regard to the
development of such program.]
* * * * * * *
AUTHORIZATION FOR APPROPRIATIONS FOR FEDERAL AGRICULTURAL RESEARCH
FACILITIES
Sec. 1431. There are authorized to be appropriated for each
of the fiscal years 1991 through [2002] 2011, such sums as may
be necessary for the planning, construction, acquisition,
alternation, and repair of buildings and other public
improvements, including the cost of acquiring or obtaining
rights to use land, of or used by the Agricultural Research
Service, except that--
* * * * * * *
[PESTICIDE RESISTANCE STUDY
[Sec. 1437. (a) The Secretary of Agriculture is encouraged to
conduct a study on the detection and management of pesticide
resistance and, within 1 year after the date of enactment of
this Act, submit to the President and Congress a report on such
study.
[(b) The study shall include--
[(1) a review of existing efforts to examine and
identify the mechanisms, genetics, and ecological
dynamics of target populations of insect and plant
pests developing resistance to pesticides;
[(2) a review of existing efforts to monitor current
and historical patterns of pesticide resistance; and
[(3) a strategy for the establishment of a national
pesticide resistance monitoring program, involving
Federal, State, and local agencies, as well as the
private sector.
[EXPANSION OF EDUCATION STUDY
[Sec. 1438. (a) The Secretary of Agriculture and the
Secretary of Education are authorized to take such joint action
as may be necessary to expand the scope of the study, known as
the Study of Agriculture Education on the Secretary Level,
currently being conducted by the National Academy of Sciences
and sponsored jointly by the Departments of Agriculture and
Education to include--
[(1) a study of the potential use of modern
technology in the teaching of agriculture programs at
the secondary school level; and
[(2) recommendations of the National Academy of
Sciences on how modern technology can be most
effectively utilized in the teaching of agricultural
programs at the secondary school level.
[(b) Any increase in the cost of conducting study as a result
of expanding the scope of such study pursuant to subsection (a)
shall be borne by the Secretary of Agriculture out of funds
appropriated to the Department of Agriculture for research and
education or from funds made available to the National Academy
of Sciences from private sources to expand the scope of such
study.]
* * * * * * *
----------
SECTION 3 OF THE SMITH-LEVER ACT
Sec. 3. (a) * * *
(b)(1) * * *
* * * * * * *
(3) There are authorized to be appropriated for the
fiscal year ending June 30, 1996, and for each fiscal
year thereafter, for payment on behalf of the 1994
Institutions (as defined in section 532 of the Equity
in Educational Land-Grant Status Act of 1994),
[$5,000,000] such sums as are necessary for the
purposes set forth in section 2. Such sums shall be in
addition to the sums appropriated for the several
States and Puerto Rico, the Virgin Islands, and Guam
under the provisions of this section. Such sums shall
be distributed on the basis of a competitive
application process to be developed and implemented by
the Secretary and paid by the Secretary to 1994
Institutions (in accordance with regulations that the
Secretary may promulgate) and may be administered by
the 1994 Institutions through cooperative agreements
with colleges and universities eligible to receive
funds under the Act of July 2, 1862 (12 Stat. 503,
chapter 130; 7 U.S.C. 301 et seq.), or the Act of
August 30, 1890 (26 Stat. 419, chapter 841; 7 U.S.C.
321 et seq.), including Tuskegee University, located in
any State.
* * * * * * *
----------
PLANT PROTECTION ACT
* * * * * * *
TITLE IV--PLANT PROTECTION ACT
* * * * * * *
Subtitle A--Plant Protection
* * * * * * *
SEC. 415. DECLARATION OF EXTRAORDINARY EMERGENCY AND RESULTING
AUTHORITIES.
(a) * * *
* * * * * * *
(e) Payment of Compensation.--The Secretary may pay
compensation to any person for economic losses incurred by the
person as a result of action taken by the Secretary under this
section. The determination by the Secretary of the amount of
any compensation to be paid under this subsection shall be
final and shall not be subject to judicial review or review by
any officer of the Government other than the Secretary or the
designee of the Secretary.
* * * * * * *
SEC. 419. METHYL BROMIDE.
(a) In General.--The Secretary, upon request of State, local,
or tribal authorities, shall determine whether methyl bromide
treatments or applications required by State, local, or tribal
authorities to prevent the introduction, establishment, or
spread of plant pests (including diseases) or noxious weeds
should be authorized as an official control or official
requirement.
(b) Administration.--
(1) Timeline for determination.--The Secretary shall
make the determination required by subsection (a) not
later than 90 days after receiving the request for such
a determination.
(2) Regulations.--The promulgation of regulations for
and the administration of this section shall be made
without regard to--
(A) the notice and comment provisions of
section 553 of title 5, United States Code;
(B) the Statement of Policy of the Secretary
of Agriculture, effective July 24, 1971 (36
Fed. Reg. 13804; relating to notices of
proposed rulemaking and public participation in
rulemaking); and
(C) chapter 35 of title 44, United States
Code (commonly known as the ``Paperwork
Reduction Act'').
(c) Registry.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall publish, and
thereafter maintain, a registry of State, local, and tribal
requirements authorized by the Secretary under this section.
* * * * * * *
Subtitle D--Authorization of Appropriations
* * * * * * *
SEC. 442. TRANSFER AUTHORITY.
(a) * * *
* * * * * * *
(f) Secretarial Discretion.--The action of any officer,
employee, or agent of the Secretary in carrying out this
section, including determining the amount of and making any
payment authorized to be made under this section, shall not be
subject to review by any officer of the Government other than
the Secretary or the designee of the Secretary.
* * * * * * *
----------
SECTION 11 OF THE ACT OF MAY 29, 1884
CHAP. 60.--An act for the establishment of a Bureau of Animal Industry,
to prevent the exportation of diseased cattle, and to provide means for
the suppression and extirpation of pleuro-pneumonia and other
contagious diseases among domestic animals.
Sec. 11. The Secretary of Agriculture, either independently
or in cooperation with States or political subdivisions
thereof, farmers' associations and similar organizations, and
individuals, is authorized to control and eradicate any
communicable diseases of livestock or poultry, including, but
not limited to, tuberculosis and paratuberculosis of animals,
avian tuberculosis, brucellosis of domestic animals, southern
cattle ticks, hog cholera and related swine diseases, scabies
in sheep and cattle, dourine in horses, scrapie and blue tongue
in sheep, incipient or potentially serious minor outbreaks of
diseases of animals, and contagious or infectious diseases of
animals, and contagious or infectious diseases of animals (such
as foot-and-mouth disease, rinderpest, and contagious
pleuropneumonia) which in the opinion of the Secretary
constitute an emergency and threaten the livestock industry of
the country, including the payment of claims growing out of
destruction of animals (including poultry), and of materials,
affected by or exposed to any such disease, in accordance with
such regulations as the Secretary may prescribe. The Secretary
of Agriculture is authorized to prescribe and collect fees to
recover the costs of carrying out the provisions of this
section which relate to veterinary diagnostics. As used in this
section, the term ``State'' includes the District of Columbia,
Puerto Rico, and the Territories and possessions of the United
States. The action of any officer, employee, or agent of the
Secretary in carrying out this section, including determining
the amount of and making any payment authorized to be made
under this section, shall not be subject to review by any
officer of the Government other than the Secretary or the
designee of the Secretary.
* * * * * * *
----------
ACT OF SEPTEMBER 25, 1981
AN ACT To enable the Secretary of Agriculture to assist, on an
emergency basis, in the eradication of plant pests and contagious or
infectious animal and poultry diseases.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
Secretary of Agriculture may, in connection with emergencies
which threaten any segment of the agricultural production
industry of this country, transfer from other appropriations or
funds available to the agencies or corporations of the
Department of Agriculture such sums as the Secretary may deem
necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious diseases of
animals or poultry, and for expenses in accordance with the Act
of February 28, 1947, as amended (21 U.S.C. 114b). The action
of any officer, employee, or agent of the Secretary in carrying
out this section, including determining the amount of and
making any payment authorized to be made under this section,
shall not be subject to review by any officer of the Government
other than the Secretary or the designee of the Secretary.
* * * * * * *
----------
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978
* * * * * * *
[FORESTRY INCENTIVES
[Sec. 4. (a) The Secretary is authorized to develop and
implement a forestry incentives program to encourage the
development, management, and protection of nonindustrial
private forest lands. The purposes of such program shall be to
encourage landowners to apply practices that will provide for
afforestation of suitable open lands, reforestation of cutover
or other nonstocked or understocked forest lands, timber stand
improvement practices, including thinning, prescribed burning,
and other silvicultural treatments, and forest resources
management and protection, so as to provide for the production
of timber and other forest resources associated therewith.
[(b) For the purposes of this section, the term ``private
forest land'' means land capable of producing crops of
industrial wood and owned by any private individual, group,
Indian tribe or other native group, association, corporation,
or other legal entity.
[(c) Landowners shall be eligible for cost sharing under this
program if they own one thousand acres or less of private
forest land, except that the Secretary may approve cost sharing
with landowners owning more than one thousand acres of such
land if significant public benefits will accure. In no case,
however, may the Secretary approve cost sharing with landowners
owning more than five thousand acres of private forest land.
[(d) The Secretary shall administer this section in
accordance with regulations the Secretary shall develop in
consultation with the committee described in section 13(c) of
this Act. Regulations issued under title X of the Agricultural
Act of 1970, as in effect before the amendment made by section
336(d)(1) of the Federal Agriculture Improvement and Reform Act
of 1996, to the extent not inconsistent with the provisions of
this section, shall remain in effect until revoked or amended
by regulations issued under this subsection. The regulations
issued under this subsection shall include guidelines for the
administration of this section at the Federal and State levels,
and shall identify the measures and activities eligible for
cost sharing under this section.
[(e) Individual forest management plans developed by the
landowner in cooperation with and approved by the State
forester or equivalent State official shall be the basis for
agreements between the landowners and the Secretary under this
section. The Secretary shall encourage participating States to
use private agencies, consultants, organizations, and firms to
the extent feasible for the preparation of individual forest
management plans.
[(f) In return for the agreement by the landowner, the
Secretary shall agree to share the cost of implementing those
forestry practices and measures set forth in the agreement for
which the Secretary determines that cost sharing is
appropriate. The portion of such cost (including labor) to be
shared shall be that portion that the Secretary determines is
necessary and appropriate to implement the forestry practices
and measures under the agreement, but not more than 75 percent
of the actual costs incurred by the landowner. The maximum
amount any individual may receive annually under the program
authorized by this section shall be determined by the Secretary
in consultation with the committee described in section 13(c)
of this Act.
[(g) The Secretary shall, for the purposes of this section,
distribute funds available for cost sharing among the States
only after assessing the public benefit incident thereto, and
after giving appropriate consideration to (1) the acreage of
private commercial forest land in each State, (2) the potential
productivity of such land, (3) the number of ownerships
eligible for cost sharing in each State, (4) the need for
reforestation, timber stand improvement, or other forestry
investments on such ownerships, and (5) the enhancement of
other forest resources.
[(h) The Secretary may, if the Secretary determines that
doing so will contribute to the effective and equitable
administration of the program authorized by this section, use
an advertising and bid procedure in determining the lands in
any area to be covered by agreements under this section.
[(i) In implementing this section, the Secretary may use the
authorities provided in section 1001, 1002, 1003, 1004, and
1008 of the Agricultural Act of 1970, as in effect before the
amendment made by section 336(d)(1) of the Federal Agriculture
Improvement and Reform Act of 1996.
[(j) There are hereby authorized to be appropriated for each
of fiscal years 1996 through 2002 such sums as may be needed to
implement this section, including funds necessary for technical
assistance and expenses associated therewith.]
SEC. 4. FOREST LAND ENHANCEMENT PROGRAM.
(a) Establishment.--
(1) Establishment; purpose.--The Secretary shall
establish a Forest Land Enhancement Program (in this
section referred to as the ``Program'') for the purpose
of providing financial, technical, educational, and
related assistance to State foresters to encourage the
long-term sustainability of nonindustrial private
forest lands in the United States by assisting the
owners of such lands in more actively managing their
forest and related resources by utilizing existing
State, Federal, and private sector resource management
expertise, financial assistance, and educational
programs.
(2) Administration.--The Secretary shall carry out
the Program within, and administer the Program through,
the Natural Resources Conservation Service.
(3) Coordination.--The Secretary shall implement the
Program in coordination with State foresters.
(b) Program Objectives.--In implementing the Program, the
Secretary shall target resources to achieve the following
objectives:
(1) Investment in practices to establish, restore,
protect, manage, maintain, and enhance the health and
productivity of the nonindustrial private forest lands
in the United States for timber, habitat for flora and
fauna, water quality, and wetlands.
(2) Ensuring that afforestation, reforestation,
improvement of poorly stocked stands, timber stand
improvement, practices necessary to improve seedling
growth and survival, and growth enhancement practices
occur where needed to enhance and sustain the long-term
productivity of timber and nontimber forest resources
to help meet future public demand for all forest
resources and provide environmental benefits.
(3) Reduce the risks and help restore, recover, and
mitigate the damage to forests caused by fire, insects,
invasive species, disease, and damaging weather.
(4) Increase and enhance carbon sequestration
opportunities.
(5) Enhance implementation of agroforestry practices.
(6) Maintain and enhance the forest landbase and
leverage State and local financial and technical
assistance to owners that promote the same conservation
and environmental values.
(c) Eligibility.--
(1) In general.--An owner of nonindustrial private
forest land is eligible for cost-sharing assistance
under the Program if the owner--
(A) agrees to develop and implement an
individual stewardship, forest, or stand
management plan addressing site specific
activities and practices in cooperation with,
and approved by, the State forester, state
official, or private sector program in
consultation with the State forester;
(B) agrees to implement approved activities
in accordance with the plan for a period of not
less than 10 years, unless the State forester
approves a modification to such plan; and
(C) meets the acreage restrictions as
determined by the State forester in conjunction
with the State Forest Stewardship Coordinating
Committee established under section 19.
(2) State priorities.--The Secretary, in consultation
with the State forester and the State Forest
Stewardship Coordinating Committee may develop State
priorities for cost sharing under the Program that will
promote forest management objectives in that State.
(3) Development of plan.--An owner shall be eligible
for cost-share assistance for the development of the
individual stewardship, forest, or stand management
plan required by paragraph (1).
(d) Approved Activities.--
(1) Development.--The Secretary, in consultation with
the State Forest Stewardship Coordinating Committee,
shall develop a list of approved forest activities and
practices that will be eligible for cost-share
assistance under the Program within each State.
(2) Type of activities.--In developing a list of
approved activities and practices under paragraph (1),
the Secretary shall attempt to achieve the
establishment, restoration, management, maintenance,
and enhancement of forests and trees for the following:
(A) The sustainable growth and management of
forests for timber production.
(B) The restoration, use, and enhancement of
forest wetlands and riparian areas.
(C) The protection of water quality and
watersheds through the application of State-
developed forestry best management practices.
(D) Energy conservation and carbon
sequestration purposes.
(E) Habitat for flora and fauna.
(F) The control, detection, and monitoring of
invasive species on forestlands as well as
preventing the spread and providing for the
restoration of lands affected by invasive
species.
(G) Hazardous fuels reduction and other
management activities that reduce the risks and
help restore, recover, and mitigate the damage
to forests caused by fire.
(H) The development of forest or stand
management plans.
(I) Other activities approved by the
Secretary, in coordination with the State
Forest Stewardship Coordinating Committee.
(e) Cooperation.--In implementing the Program, the Secretary
shall cooperate with other Federal, State, and local natural
resource management agencies, institutions of higher education,
and the private sector.
(f) Reimbursement of Eligible Activities.--
(1) In general.--The Secretary shall share the cost
of implementing the approved activities that the
Secretary determines are appropriate, in the case of an
owner that has entered into an agreement to place
nonindustrial private forest lands of the owner in the
Program.
(2) Rate.--The Secretary shall determine the
appropriate reimbursement rate for cost-share payments
under paragraph (1) and the schedule for making such
payments.
(3) Maximum.--The Secretary shall not make cost-share
payments under this subsection to an owner in an amount
in excess of 75 percent of the total cost, or a lower
percentage as determined by the State forester, to such
owner for implementing the practices under an approved
plan. The maximum payments to any one owner shall be
determined by the Secretary.
(4) Consultation.--The Secretary shall make
determinations under this subsection in consultation
with the State forester.
(g) Recapture.--
(1) In general.--The Secretary shall establish and
implement a mechanism to recapture payments made to an
owner in the event that the owner fails to implement
any approved activity specified in the individual
stewardship, forest, or stand management plan for which
such owner received cost-share payments.
(2) Additional remedy.--The remedy provided in
paragraph (1) is in addition to any other remedy
available to the Secretary.
(h) Distribution.--The Secretary shall distribute funds
available for cost sharing under the Program among the States
only after giving appropriate consideration to--
(1) the total acreage of nonindustrial private forest
land in each State;
(2) the potential productivity of such land;
(3) the number of owners eligible for cost sharing in
each State;
(4) the opportunities to enhance non-timber resources
on such forest lands;
(5) the anticipated demand for timber and nontimber
resources in each State;
(6) the need to improve forest health to minimize the
damaging effects of catastrophic fire, insects,
disease, or weather; and
(7) the need and demand for agroforestry practices in
each State.
(i) Definitions.--In this section:
(1) Nonindustrial private forest lands.--The term
``nonindustrial private forest lands'' means rural
lands, as determined by the Secretary, that--
(A) have existing tree cover or are suitable
for growing trees; and
(B) are owned or controlled by any
nonindustrial private individual, group,
association, corporation, Indian tribe, or
other private legal entity (other than a
nonprofit private legal entity) so long as the
individual, group, association, corporation,
tribe, or entity has definitive decision-making
authority over the lands, including through
long-term leases and other land tenure systems,
for a period of time long enough to ensure
compliance with the Program.
(2) Owner.--The term ``owner'' includes a private
individual, group, association, corporation, Indian
tribe, or other private legal entity (other than a
nonprofit private legal entity) that has definitive
decision-making authority over nonindustrial private
forest lands through a long-term lease or other land
tenure systems.
(3) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(4) State forester.--The term ``State forester''
means the director or other head of a State Forestry
Agency or equivalent State official.
(j) Availability of Funds.--The Secretary shall use
$150,000,000 of funds of the Commodity Credit Corporation to
carry out the Program during the period beginning on October 1,
2001, and ending on September 30, 2011.
* * * * * * *
[SEC. 6. STEWARDSHIP INCENTIVE PROGRAM.
[(a) Establishment.--The Secretary, in consultation with
State foresters or equivalent State officials, shall establish
a program within the Forest Service, to be known as the
``Stewardship Incentive Program'' (hereafter referred to in
this section as the ``Program''), to meet the objectives and
goals of section 5.
[(b) Eligibility.--
[(1) In general.--Owners of nonindustrial private
forest lands shall be eligible for cost-sharing
assistance under the Program if such owners--
[(A) have developed an approved forest
stewardship plan pursuant to section 5(f);
[(B) agree to implement approved activities
pursuant to paragraph (4) in accordance with
the plan for a period of not less than 10 years
unless the State forester or equivalent State
official approves a modification to such plan;
and
[(C) own not more than 1,000 acres of
nonindustrial private forest land, except that
the Secretary may approve the provision of
cost-sharing assistance to landowners that own
more than 1,000 acres of such land if the
Secretary determines that significant public
benefits will accrue from such approval.
[(2) Limitation.--
[(A) Secretary.--The Secretary shall not
approve of the provision of cost-sharing
assistance to any landowner owning in excess of
5,000 acres of nonindustrial private forest
land.
[(B) Landowner.--A landowner shall not
receive cost-share assistance for management on
acreage under this section if such landowner
receives cost-share assistance on the same
acreage under section 4.
[(3) State priorities.--The Secretary in consultation
with the State forester, or equivalent State official,
other State natural resource management agencies, and
the State Coordinating Committee established pursuant
to section 19(b), may develop State priorities for cost
sharing under this section that will promote unique
forest management objectives in that State.
[(4) Approved activities.--
[(A) Development.--The Secretary, in
consultation with the State Coordinating
Committees established pursuant to section
19(b), shall develop a list of approved forest
activities and practices that will be eligible
for cost-share assistance under the Program
within each State.
[(B) Type of activities.--The Secretary, in
developing a list of approved activities and
practices under subparagraph (A), shall attempt
to achieve landowner and public purposes
including--
[(i) the establishment, management,
maintenance, and restoration of forests
for shelterbelts, windbreaks, aesthetic
quality, and other conservation
purposes;
[(ii) the sustainable growth and
management of forests for timber
production;
[(iii) the protection, restoration,
and use of forest wetlands;
[(iv) the enhanced management and
maintenance of native vegetation on
other lands vital to water quality;
[(v) the growth and management of
trees for energy conservation purposes;
[(vi) the management and maintenance
of fish and wildlife habitat;
[(vii) the management of outdoor
recreational opportunities; and
[(viii) other activities approved by
the Secretary.
[(c) Reimbursement of Eligible Activities.--
[(1) In general.--The Secretary shall share the cost
of developing and carrying out the forest stewardship
plan under section 5(f), and in implementing the
approved activities that the Secretary determines are
appropriate and in the public interest, with a
landowner who has entered in an agreement to place the
forest land of such owner into the Program.
[(2) Rate.--The Secretary, in consultation with the
State forester, or equivalent State official, shall
determine the appropriate reimbursement rate for cost-
share payments under paragraph (1) and the schedule for
making such payments.
[(3) Maximum.--The Secretary shall not make cost-
share payments under this subsection to a landowner in
an amount in excess of 75 percent of the total cost to
such landowner of developing the forest stewardship
plan and implementing eligible activities under the
plan. The maximum payments to any one landowner shall
be determined by the Secretary.
[(d) Recapture.--
[(1) In general.--The Secretary shall establish and
implement a mechanism to recapture payments made to a
landowner in the event that the landowner fails to
implement any approved activity specified in the forest
stewardship plan for which such owner received cost-
share payments.
[(2) Additional provision.--The provisions of
paragraph (1) are in addition to any other provision
available.
[(e) Distribution.--The Secretary shall distribute funds
available for cost sharing under this section among the States
only after assessing the public benefit incident to such
distribution and after giving appropriate consideration to--
[(1) the total acreage of nonindustrial private
forest land in each State;
[(2) the potential productivity of such land;
[(3) the number of owners eligible for cost sharing
in each State;
[(4) the need for reforestation in each State;
[(5) the opportunities to enhance nontimber resources
on such forest lands; and
[(6) the anticipated demand for timber and nontimber
resources in each State.
[(f) Authorization of Appropriations.--There are authorized
to be appropriated $100,000,000 for each of the fiscal years
1991 through 1995, and such sums as may be necessary
thereafter, to carry out this section.]
* * * * * * *
SEC. 10A. ENHANCED COMMUNITY FIRE PROTECTION.
(a) Cooperative Management Related to Wildfire Threats.--The
Secretary may cooperate with State foresters and equivalent
State officials in the management of lands in the United States
for the following purposes:
(1) Aid in wildfire prevention and control;
(2) Protect communities from wildfire threats;
(3) Enhance the growth and maintenance of trees and
forests that promote overall forest health.
(4) Ensure the continued production of all forest
resources, including timber, outdoor recreation
opportunities, wildlife habitat, and clean water,
through conservation of forest cover on watersheds,
shelterbelts, and windbreaks.
(b) Community and Private Land Fire Assistance Program.--
(1) Establishment; purpose.--The Secretary shall
establish a Community and Private Land Fire Assistance
program--
(A) to focus the Federal role in promoting
optimal firefighting efficiency at the Federal,
State, and local levels;
(B) to augment Federal projects that
establish landscape level protection from
wildfires;
(C) to expand outreach and education programs
to homeowners and communities about fire
prevention; and
(D) to establish defensible space around
private landowners homes and property against
wildfires.
(2) Components.--In coordination with existing
authorities under this Act, the Secretary may undertake
on both Federal and non-Federal lands--
(A) fuel hazard mitigation and prevention;
(B) invasive species management;
(C) multi-resource wildfire planning;
(D) community protection planning;
(E) community and landowner education
enterprises, including the program known as
FIREWISE;
(F) market development and expansion;
(G) improved wood utilization;
(H) special restoration projects.
(3) Considerations.--The Secretary shall use local
contract personnel wherever possible to carry out
projects under the Program.
(c) Authorization of Appropriations.--There are hereby
authorized to be appropriated to the Secretary $35,000,000 for
each of fiscal years 2002 through 2011, and such sums as may be
necessary thereafter, to carry out this section.
* * * * * * *
----------
RENEWABLE RESOURCES EXTENSION ACT OF 1978
* * * * * * *
SEC. 5B. SUSTAINABLE FORESTRY OUTREACH INITIATIVE.
The Secretary shall establish a program to be known as the
``Sustainable Forestry Outreach Initiative'' for the purpose of
educating landowners regarding the following:
(1) The value and benefits of practicing sustainable
forestry.
(2) The importance of professional forestry advice in
achieving their sustainable forestry objectives.
(3) The variety of public and private sector
resources available to assist them in planning for and
practicing sustainable forestry.
APPROPRIATIONS AUTHORIZATION
Sec. 6. There are hereby authorized to be appropriated to
implement this Act [$15,000,000] $30,000,000 for each of fiscal
years 1987 through [2002] 2011. Generally, States shall be
eligible for funds appropriated under this Act according to the
respective capabilities of their private forests and rangelands
for yielding renewable resources and relative needs for such
resources identified in the periodic Renewable Resource
Assessment provided for in section 3 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 and the
periodic appraisal of land and water resources provided for in
section 5 of the Soil and Water Resources Conservation Act of
1977.
* * * * * * *
----------
SECTION 2405 OF THE GLOBAL CLIMATE CHANGE PREVENTION ACT OF 1990
SEC. 2405. OFFICE OF INTERNATIONAL FORESTRY.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--There are authorized to
be appropriated for each of fiscal years 1996 through [2002]
2011 such sums as are necessary to carry out this section.
* * * * * * *
----------
SECTION 32 OF THE ACT OF AUGUST 24, 1935
Sec. 32. There is hereby appropriated for each fiscal
year beginning with the fiscal year ending June 30, 1936, an
amount equal to 30 per centum of the gross receipts from duties
collected under the customs laws during the period January 1 to
December 31, both inclusive, preceding the beginning of each
such fiscal year. Such sums shall be maintained in a separate
fund and shall be used by the Secretary of Agriculture only to
(1) encourage the exportation of agricultural commodities and
products thereof by the payment of benefits in connection with
the exportation thereof or of indemnities for losses incurred
in connection with such exportation or by payments to producers
in connection with the production of that part of any
agricultural commodity required for domestic consumption; (2)
encourage the domestic consumption of such commodities or
products by diverting them, by the payment of benefits or
indemnities or by other means, from the normal channels of
trade and commerce or by increasing their utilization through
benefits, indemnities, donations or by other means, among
persons in low-income groups as determined by the Secretary of
Agriculture; and (3) reestablish farmers' purchasing power by
making payments in connection with the normal production of any
agricultural commodity for domestic consumption. Determinations
by the Secretary as to what constitutes diversion and what
constitutes normal channels of trade and commerce and what
constitutes normal production for domestic consumption shall be
final.
The sums appropriated under this section shall be
expended for such one or more of the above-specified purposes,
and at such times, in such manner, and in such amounts as the
Secretary of Agriculture finds will effectuate substantial
accomplishment of any one or more of the purposes of this
section. Notwithstanding any other provision of this section,
the amount that may be devoted, during any fiscal year after
June 30, 1939, to any one agricultural commodity or the
products thereof in such fiscal year, shall not exceed 25 per
centum of the funds available under this section for such
fiscal year. The sums appropriated under this section shall be
devoted principally to perishable non-basic agricultural
commodities (other than those receiving price support under
title II of the Agricultural Act of 1949) and their products.
The sums appropriated under this section shall, notwithstanding
the provisions of any other law, continue to remain available
for the purposes of this section until expended; but any excess
of the amount remaining unexpended at the end of any fiscal
year over [$300,000,000] $500,000,000 shall, in the same manner
as though it had been appropriated for the service of such
fiscal year, be subject to the provisions of section 3690 of
the Revised Statutes (U.S.C., title 31, sec. 712), and section
5 of the Act entitled ``An Act making appropriations for the
legislative, executive, and judicial expenses of the Government
for the year ending June thirtieth, eighteen hundred and
seventy-five and for other purposes'' (U.S.C., title 31, sec.
713). A public or private nonprofit organization that receives
agricultural commodities or the products thereof under clause
(2) of the second sentence may transfer such commodities or
products to another public or private nonprofit organization
that agrees to use such commodities or products to provide,
without cost or waste, nutrition assistance to individuals in
low-income groups.