[House Report 112-669]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-669
======================================================================
FEDERAL AGRICULTURE REFORM AND RISK MANAGEMENT ACT OF 2012
_______
September 13, 2012.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Lucas, from the Committee on Agriculture, submitted the following
R E P O R T
together with
ADDITIONAL AND DISSENTING VIEWS
[To accompany H.R. 6083]
[Including cost estimate of the Congressional Budget Office]
The Committee on Agriculture, to whom was referred the bill
(H.R. 6083) to provide for the reform and continuation of
agricultural and other programs of the Department of
Agriculture through fiscal year 2017, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Agriculture
Reform and Risk Management Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary of Agriculture.
TITLE I--COMMODITIES
Subtitle A--Repeals and Reforms
Sec. 1101. Repeal of direct payments.
Sec. 1102. Repeal of counter-cyclical payments.
Sec. 1103. Repeal of average crop revenue election program.
Sec. 1104. Definitions.
Sec. 1105. Base acres.
Sec. 1106. Payment yields.
Sec. 1107. Farm risk management election.
Sec. 1108. Producer agreements.
Sec. 1109. Period of effectiveness.
Subtitle B--Marketing Loans
Sec. 1201. Availability of nonrecourse marketing assistance loans for
loan commodities.
Sec. 1202. Loan rates for nonrecourse marketing assistance loans.
Sec. 1203. Term of loans.
Sec. 1204. Repayment of loans.
Sec. 1205. Loan deficiency payments.
Sec. 1206. Payments in lieu of loan deficiency payments for grazed
acreage.
Sec. 1207. Special marketing loan provisions for upland cotton.
Sec. 1208. Special competitive provisions for extra long staple cotton.
Sec. 1209. Availability of recourse loans for high moisture feed grains
and seed cotton.
Sec. 1210. Adjustments of loans.
Subtitle C--Sugar
Sec. 1301. Sugar program.
Subtitle D--Dairy
Part I--Dairy Producer Margin Protection and Dairy Market Stabilization
Programs
Sec. 1401. Definitions.
Sec. 1402. Calculation of average feed cost and actual dairy producer
margins.
subpart a--dairy producer margin protection program
Sec. 1411. Establishment of dairy producer margin protection program.
Sec. 1412. Participation of dairy producers in margin protection
program.
Sec. 1413. Production history of participating dairy producers.
Sec. 1414. Basic margin protection.
Sec. 1415. Supplemental margin protection.
Sec. 1416. Effect of failure to pay administrative fees or premiums.
subpart b--dairy market stabilization program
Sec. 1431. Establishment of dairy market stabilization program.
Sec. 1432. Threshold for implementation and reduction in dairy producer
payments.
Sec. 1433. Producer milk marketing information.
Sec. 1434. Calculation and collection of reduced dairy producer
payments.
Sec. 1435. Remitting monies to the Secretary and use of monies.
Sec. 1436. Suspension of reduced payment requirement.
Sec. 1437. Enforcement.
Sec. 1438. Audit requirements.
subpart c--commodity credit corporation
Sec. 1451. Use of Commodity Credit Corporation.
subpart d--initiation and duration
Sec. 1461. Rulemaking.
Sec. 1462. Duration.
Part II--Repeal or Reauthorization of Other Dairy-related Provisions
Sec. 1481. Repeal of dairy product price support and milk income loss
contract programs.
Sec. 1482. Repeal of dairy export incentive program.
Sec. 1483. Extension of dairy forward pricing program.
Sec. 1484. Extension of dairy indemnity program.
Sec. 1485. Extension of dairy promotion and research program.
Sec. 1486. Repeal of Federal Milk Marketing Order Review Commission.
Part III--Effective Date
Sec. 1491. Effective date.
Subtitle E--Supplemental Agricultural Disaster Assistance Programs
Sec. 1501. Supplemental agricultural disaster assistance.
Subtitle F--Administration
Sec. 1601. Administration generally.
Sec. 1602. Suspension of permanent price support authority.
Sec. 1603. Payment limitations.
Sec. 1604. Adjusted gross income limitation.
Sec. 1605. Geographically disadvantaged farmers and ranchers.
Sec. 1606. Personal liability of producers for deficiencies.
Sec. 1607. Prevention of deceased individuals receiving payments under
farm commodity programs.
Sec. 1608. Technical corrections.
Sec. 1609. Assignment of payments.
Sec. 1610. Tracking of benefits.
Sec. 1611. Signature authority.
Sec. 1612. Implementation.
TITLE II--CONSERVATION
Subtitle A--Conservation Reserve Program
Sec. 2001. Extension and enrollment requirements of conservation
reserve program.
Sec. 2002. Farmable wetland program.
Sec. 2003. Duties of owners and operators.
Sec. 2004. Duties of the Secretary.
Sec. 2005. Payments.
Sec. 2006. Contract requirements.
Sec. 2007. Conversion of land subject to contract to other conserving
uses.
Sec. 2008. Effective date.
Subtitle B--Conservation Stewardship Program
Sec. 2101. Conservation stewardship program.
Subtitle C--Environmental Quality Incentives Program
Sec. 2201. Purposes.
Sec. 2202. Establishment and administration.
Sec. 2203. Evaluation of applications.
Sec. 2204. Duties of producers.
Sec. 2205. Limitation on payments.
Sec. 2206. Conservation innovation grants and payments.
Sec. 2207. Effective date.
Subtitle D--Agricultural Conservation Easement Program
Sec. 2301. Agricultural conservation easement program.
Subtitle E--Regional Conservation Partnership Program
Sec. 2401. Regional conservation partnership program.
Subtitle F--Other Conservation Programs
Sec. 2501. Conservation of private grazing land.
Sec. 2502. Grassroots source water protection program.
Sec. 2503. Voluntary public access and habitat incentive program.
Sec. 2504. Agriculture conservation experienced services program.
Sec. 2505. Small watershed rehabilitation program.
Sec. 2506. Agricultural management assistance program.
Subtitle G--Funding and Administration
Sec. 2601. Funding.
Sec. 2602. Technical assistance.
Sec. 2603. Regional equity.
Sec. 2604. Reservation of funds to provide assistance to certain
farmers or ranchers for conservation access.
Sec. 2605. Annual report on program enrollments and assistance.
Sec. 2606. Review of conservation practice standards.
Sec. 2607. Administrative requirements applicable to all conservation
programs.
Sec. 2608. Standards for State technical committees.
Sec. 2609. Rulemaking authority.
Subtitle H--Repeal of Superseded Program Authorities and Transitional
Provisions; Technical Amendments
Sec. 2701. Comprehensive conservation enhancement program.
Sec. 2702. Emergency forestry conservation reserve program.
Sec. 2703. Wetlands reserve program.
Sec. 2704. Farmland protection program and farm viability program.
Sec. 2705. Grassland reserve program.
Sec. 2706. Agricultural water enhancement program.
Sec. 2707. Wildlife habitat incentive program.
Sec. 2708. Great Lakes basin program.
Sec. 2709. Chesapeake Bay watershed program.
Sec. 2710. Cooperative conservation partnership initiative.
Sec. 2711. Environmental easement program.
Sec. 2712. Technical amendments.
TITLE III--TRADE
Subtitle A--Food for Peace Act
Sec. 3001. General authority.
Sec. 3002. Support for organizations through which assistance is
provided.
Sec. 3003. Food aid quality.
Sec. 3004. Minimum levels of assistance.
Sec. 3005. Food Aid Consultative Group.
Sec. 3006. Oversight, monitoring, and evaluation.
Sec. 3007. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable prepackaged foods.
Sec. 3008. General provisions.
Sec. 3009. Prepositioning of agricultural commodities.
Sec. 3010. Annual report regarding food aid programs and activities.
Sec. 3011. Deadline for agreements to finance sales or to provide other
assistance.
Sec. 3012. Authorization of appropriations.
Sec. 3013. Micronutrient fortification programs.
Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.
Subtitle B--Agricultural Trade Act of 1978
Sec. 3101. Funding for export credit guarantee program.
Sec. 3102. Funding for market access program.
Sec. 3103. Foreign market development cooperator program.
Subtitle C--Other Agricultural Trade Laws
Sec. 3201. Food for Progress Act of 1985.
Sec. 3202. Bill Emerson Humanitarian Trust.
Sec. 3203. Promotion of agricultural exports to emerging markets.
Sec. 3204. McGovern-Dole International Food for Education and Child
Nutrition Program.
Sec. 3205. Technical assistance for specialty crops.
Sec. 3206. Global Crop Diversity Trust.
Sec. 3207. Under Secretary of Agriculture for Foreign Agricultural
Services.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
Sec. 4001. Retailers.
Sec. 4002. Enhancing services to elderly and disabled supplemental
nutrition assistance program recipients.
Sec. 4003. Food distribution program on Indian reservations.
Sec. 4004. Updating program eligibility.
Sec. 4005. Exclusion of medical marijuana from excess medical expense
deduction.
Sec. 4006. Standard utility allowances based on the receipt of energy
assistance payments.
Sec. 4007. Eligibility disqualifications.
Sec. 4008. Ending supplemental nutrition assistance program benefits
for lottery or gambling winners.
Sec. 4009. Improving security of food assistance.
Sec. 4010. Demonstration projects on acceptance of benefits of mobile
transactions.
Sec. 4011. Use of benefits for purchase of community-supported
agriculture share.
Sec. 4012. Restaurant meals program.
Sec. 4013. State verification option.
Sec. 4014. Repeal of grant program.
Sec. 4015. Data exchange standardization for improved interoperability.
Sec. 4016. Repeal of bonus program.
Sec. 4017. Funding of employment and training programs.
Sec. 4018. Monitoring employment and training program.
Sec. 4019. Cooperation with program research and evaluation.
Sec. 4020. Authorization of appropriations.
Sec. 4021. Limitation on use of block grant to Puerto Rico.
Sec. 4022. Assistance for community food projects.
Sec. 4023. Emergency food assistance.
Sec. 4024. Nutrition education.
Sec. 4025. Retailer trafficking.
Sec. 4026. Technical and conforming amendments.
Sec. 4027. Tolerance level for excluding small errors.
Sec. 4028. Commonwealth of the Northern Mariana Islands pilot program.
Sec. 4029. Annual State report on verification of SNAP participation.
Subtitle B--Commodity Distribution Programs
Sec. 4101. Commodity distribution program.
Sec. 4102. Commodity supplemental food program.
Sec. 4103. Distribution of surplus commodities to special nutrition
projects.
Sec. 4104. Processing of commodities.
Subtitle C--Miscellaneous
Sec. 4201. Farmers' market nutrition program.
Sec. 4202. Nutrition information and awareness pilot program.
Sec. 4203. Fresh fruit and vegetable program.
Sec. 4204. Additional authority for purchase of fresh fruits,
vegetables, and other specialty food crops.
Sec. 4205. Encouraging locally and regionally grown and raised food.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 5001. Eligibility for farm ownership loans.
Sec. 5002. Conservation loan and loan guarantee program.
Sec. 5003. Down payment loan program.
Sec. 5004. Elimination of mineral rights appraisal requirement.
Subtitle B--Operating Loans
Sec. 5101. Eligibility for farm operating loans.
Sec. 5102. Elimination of rural residency requirement for operating
loans to youth.
Sec. 5103. Authority to waive personal liability for youth loans due to
circumstances beyond borrower control.
Sec. 5104. Microloans.
Subtitle C--Emergency Loans
Sec. 5201. Eligibility for emergency loans.
Subtitle D--Administrative Provisions
Sec. 5301. Beginning farmer and rancher individual development accounts
pilot program.
Sec. 5302. Eligible beginning farmers and ranchers.
Sec. 5303. Loan authorization levels.
Sec. 5304. Priority for participation loans.
Sec. 5305. Loan fund set-asides.
Sec. 5306. Conforming amendment to borrower training provision,
relating to eligibility changes.
Subtitle E--State Agricultural Mediation Programs
Sec. 5401. State agricultural mediation programs.
Subtitle F--Loans to Purchasers of Highly Fractionated Land
Sec. 5501. Loans to purchasers of highly fractionated land.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Consolidated Farm and Rural Development Act
Sec. 6001. Water, waste disposal, and wastewater facility grants.
Sec. 6002. Rural business opportunity grants.
Sec. 6003. Elimination of reservation of community facilities grant
program funds.
Sec. 6004. Rural water and wastewater circuit rider program.
Sec. 6005. Tribal college and university essential community
facilities.
Sec. 6006. Emergency and imminent community water assistance grant
program.
Sec. 6007. Grants to nonprofit organizations to finance the
construction, refurbishing, and servicing of individually-owned
household water well systems in rural areas for individuals with low or
moderate incomes.
Sec. 6008. Rural business and industry loan program.
Sec. 6009. Rural cooperative development grants.
Sec. 6010. Locally or regionally produced agricultural food products.
Sec. 6011. Intermediary relending program.
Sec. 6012. Enhancing public/private partnerships to support rural water
and waste disposal infrastructure.
Sec. 6013. Simplified applications.
Sec. 6014. Reauthorization of State rural development councils.
Sec. 6015. Grants for NOAA weather radio transmitters.
Sec. 6016. Rural microentrepreneur assistance program.
Sec. 6017. Delta Regional Authority.
Sec. 6018. Northern Great Plains Regional Authority.
Sec. 6019. Rural business investment program.
Subtitle B--Rural Electrification Act of 1936
Sec. 6101. Relending for certain purposes.
Sec. 6102. Fees for certain loan guarantees.
Sec. 6103. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 6104. Expansion of 911 access.
Sec. 6105. Access to broadband telecommunications services in rural
areas.
Subtitle C--Miscellaneous
Sec. 6201. Distance learning and telemedicine.
Sec. 6202. Value-added agricultural market development program grants.
Sec. 6203. Agriculture innovation center demonstration program.
Sec. 6204. Program metrics.
Sec. 6205. Study of rural transportation issues.
Sec. 6206. Agricultural transportation policy.
Sec. 6207. Certain Federal actions not to be considered major for
purposes of environmental review.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
Sec. 7101. Option to not be included as Hispanic-serving agricultural
college or university.
Sec. 7102. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 7103. Specialty crop committee.
Sec. 7104. Veterinary services grant program.
Sec. 7105. Grants and fellowships for food and agriculture sciences
education.
Sec. 7106. Policy research centers.
Sec. 7107. Repeal of human nutrition intervention and health promotion
research program.
Sec. 7108. Repeal of pilot research program to combine medical and
agricultural research.
Sec. 7109. Nutrition education program.
Sec. 7110. Continuing animal health and disease research programs.
Sec. 7111. Repeal of appropriations for research on national or
regional problems.
Sec. 7112. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including Tuskegee University.
Sec. 7113. Grants to upgrade agriculture and food science facilities
and equipment at insular area land-grant institutions.
Sec. 7114. Repeal of national research and training virtual centers.
Sec. 7115. Hispanic-serving institutions.
Sec. 7116. Competitive grants for international agricultural science
and education programs.
Sec. 7117. Repeal of research equipment grants.
Sec. 7118. University research.
Sec. 7119. Extension service.
Sec. 7120. Auditing, reporting, bookkeeping, and administrative
requirements.
Sec. 7121. Supplemental and alternative crops.
Sec. 7122. Capacity building grants for NLGCA institutions.
Sec. 7123. Aquaculture assistance programs.
Sec. 7124. Rangeland research programs.
Sec. 7125. Special authorization for biosecurity planning and response.
Sec. 7126. Distance education and resident instruction grants program
for insular area institutions of higher education.
Sec. 7127. Matching funds requirement.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
Sec. 7201. Best utilization of biological applications.
Sec. 7202. Integrated management systems.
Sec. 7203. Sustainable agriculture technology development and transfer
program.
Sec. 7204. National training program.
Sec. 7205. National Genetics Resources Program.
Sec. 7206. Repeal of National Agricultural Weather Information System.
Sec. 7207. Repeal of rural electronic commerce extension program.
Sec. 7208. Repeal of agricultural genome initiative.
Sec. 7209. High-priority research and extension initiatives.
Sec. 7210. Repeal of nutrient management research and extension
initiative.
Sec. 7211. Organic agriculture research and extension initiative.
Sec. 7212. Repeal of agricultural bioenergy feedstock and energy
efficiency research and extension initiative.
Sec. 7213. Farm business management.
Sec. 7214. Regional centers of excellence.
Sec. 7215. Repeal of red meat safety research center.
Sec. 7216. Assistive technology program for farmers with disabilities.
Sec. 7217. National rural information center clearinghouse.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
Sec. 7301. Relevance and merit of agricultural research, extension, and
education funded by the Department.
Sec. 7302. Integrated research, education, and extension competitive
grants program.
Sec. 7303. Repeal of coordinated program of research, extension, and
education to improve viability of small and medium size dairy,
livestock, and poultry operations.
Sec. 7304. Repeal of Bovine Johne's disease control program.
Sec. 7305. Grants for youth organizations.
Sec. 7306. Specialty crop research initiative.
Sec. 7307. Food animal residue avoidance database program.
Sec. 7308. Repeal of national swine research center.
Sec. 7309. Office of pest management policy.
Sec. 7310. Repeal of studies of agricultural research, extension, and
education.
Subtitle D--Other Laws
Sec. 7401. Critical Agricultural Materials Act.
Sec. 7402. Equity in Educational Land-grant Status Act of 1994.
Sec. 7403. Research Facilities Act.
Sec. 7404. Repeal of carbon cycle research.
Sec. 7405. Competitive, Special, and Facilities Research Grant Act.
Sec. 7406. Renewable Resources Extension Act of 1978.
Sec. 7407. National Aquaculture Act of 1980.
Sec. 7408. Repeal of use of remote sensing data.
Sec. 7409. Repeal of reports under Farm Security and Rural Investment
Act of 2002.
Sec. 7410. Beginning farmer and rancher development program.
Sec. 7411. Inclusion of Northern Mariana Islands as a State under
McIntire-Stennis Cooperative Forestry Act.
Subtitle E--Food, Conservation, and Energy Act of 2008
Part 1--Agricultural Security
Sec. 7501. Agricultural biosecurity communication center.
Sec. 7502. Assistance to build local capacity in agricultural
biosecurity planning, preparation, and response.
Sec. 7503. Research and development of agricultural countermeasures.
Sec. 7504. Agricultural biosecurity grant program.
Part 2--Miscellaneous
Sec. 7511. Enhanced use lease authority pilot program.
Sec. 7512. Grazinglands research laboratory.
Sec. 7513. Budget submission and funding.
Sec. 7514. Repeal of research and education grants for the study of
antibiotic-resistant bacteria.
Sec. 7515. Repeal of farm and ranch stress assistance network.
Sec. 7516. Repeal of seed distribution.
Sec. 7517. Natural products research program.
Sec. 7518. Sun grant program.
Sec. 7519. Repeal of study and report on food deserts.
Sec. 7520. Repeal of agricultural and rural transportation research and
education.
Sec. 7521. Conveyance of land comprising Subtropical Horticulture
Research Station.
Sec. 7522. Concessions, fees, and voluntary services at National
Arboretum.
Sec. 7523. Cotton Disease Research Report.
Sec. 7524. Miscellaneous technical corrections.
TITLE VIII--FORESTRY
Subtitle A--Repeal of Certain Forestry Programs
Sec. 8001. Forest land enhancement program.
Sec. 8002. Watershed forestry assistance program.
Sec. 8003. Expired cooperative national forest products marketing
program.
Sec. 8004. Hispanic-serving institution agricultural land national
resources leadership program.
Sec. 8005. Tribal watershed forestry assistance program.
Sec. 8006. Separate Forest Service decisionmaking and appeals process.
Subtitle B--Reauthorization of Cooperative Forestry Assistance Act of
1978 Programs
Sec. 8101. Forest Legacy Program.
Sec. 8102. Community forest and open space conservation program.
Subtitle C--Reauthorization of Other Forestry-Related Laws
Sec. 8201. Rural revitalization technologies.
Sec. 8202. Office of International Forestry.
Sec. 8203. Change in funding source for healthy forests reserve
program.
Sec. 8204. Stewardship end result contracting project authority.
Subtitle D--National Forest Critical Area Response
Sec. 8301. Definitions.
Sec. 8302. Designation of critical areas.
Sec. 8303. Application of expedited procedures and activities of the
Healthy Forests Restoration Act of 2003 to critical areas.
Sec. 8304. Good neighbor authority.
Subtitle E--Miscellaneous Provisions
Sec. 8401. Revision of strategic plan for forest inventory and
analysis.
Sec. 8402. Forest Service participation in ACES Program.
TITLE IX--ENERGY
Sec. 9001. Definition of renewable energy system.
Sec. 9002. Biobased markets program.
Sec. 9003. Biorefinery Assistance.
Sec. 9004. Repeal of repowering assistance program and transfer of
remaining funds.
Sec. 9005. Bioenergy Program for Advanced Biofuels.
Sec. 9006. Biodiesel Fuel Education Program.
Sec. 9007. Rural Energy for America Program.
Sec. 9008. Biomass Research and Development.
Sec. 9009. Feedstock Flexibility Program for Bioenergy Producers.
Sec. 9010. Biomass Crop Assistance Program.
Sec. 9011. Community wood energy program.
Sec. 9012. Repeal of biofuels infrastructure study.
Sec. 9013. Repeal of renewable fertilizer study.
TITLE X--HORTICULTURE
Sec. 10001. Specialty crops market news allocation.
Sec. 10002. Repeal of grant program to improve movement of specialty
crops.
Sec. 10003. Farmers market and local food promotion program.
Sec. 10004. Organic agriculture.
Sec. 10005. Investigations and enforcement of the Organic Foods
Production Act of 1990.
Sec. 10006. Food safety education initiatives.
Sec. 10007. Specialty crop block grants.
Sec. 10008. Report on specialty crop production by certain farmers.
Sec. 10009. Report on honey.
Sec. 10010. Bulk shipments of apples to Canada.
Sec. 10011. Inclusion of olive oil in import controls under the
Agricultural Adjustment Act.
Sec. 10012. Petitions to determine organism not a plant pest.
Sec. 10013. Consolidation of plant pest and disease management and
disaster prevention programs.
Sec. 10014. Authority for regulation of plants.
Sec. 10015. Report to Congress on regulation of biotechnology.
Sec. 10016. Pesticide Registration Improvement.
Sec. 10017. Modification, cancellation, or suspension on basis of a
biological opinion.
Sec. 10018. Use and discharges of authorized pesticides.
Sec. 10019. Inclusion of Bed Bugs in Definition of Vector Organisms.
Sec. 10020. Effective date.
TITLE XI--CROP INSURANCE
Sec. 11001. Information sharing.
Sec. 11002. Publication of information on violations of prohibition on
premium adjustments.
Sec. 11003. Supplemental coverage option.
Sec. 11004. Premium amounts for catastrophic risk protection.
Sec. 11005. Repeal of performance-based discount.
Sec. 11006. Permanent enterprise unit subsidy.
Sec. 11007. Enterprise units for irrigated and nonirrigated crops.
Sec. 11008. Data collection.
Sec. 11009. Adjustment in actual production history to establish
insurable yields.
Sec. 11010. Submission and review of policies.
Sec. 11011. Equitable relief for specialty crop policies.
Sec. 11012. Budget limitations on renegotiation of the standard
reinsurance agreement.
Sec. 11013. Crop production on native sod.
Sec. 11014. Coverage levels by practice.
Sec. 11015. Beginning farmer and rancher provisions.
Sec. 11016. Stacked income protection plan for producers of upland
cotton.
Sec. 11017. Peanut revenue crop insurance.
Sec. 11018. Authority to correct errors.
Sec. 11019. Implementation.
Sec. 11020. Research and development priorities.
Sec. 11021. Additional research and development contracting
requirements.
Sec. 11022. Pilot programs.
Sec. 11023. Limitation on expenditures for livestock pilot programs.
Sec. 11024. Noninsured crop assistance program.
Sec. 11025. Technical amendments.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
Sec. 12101. National Sheep Industry Improvement Center.
Sec. 12102. Trichinae certification program.
Sec. 12103. National Aquatic Animal Health Plan.
Sec. 12104. Report on compliance with World Trade Organization decision
regarding country of origin labeling.
Sec. 12105. Repeal of certain regulations under the Packers and
Stockyards Act, 1921.
Sec. 12106. Meat and poultry processing report.
Subtitle B--Socially Disadvantaged Producers and Limited Resource
Producers
Sec. 12201. Outreach and assistance for socially disadvantaged farmers
and ranchers and veteran farmers and ranchers.
Sec. 12202. Office of Advocacy and Outreach.
Subtitle C--Other Miscellaneous Provisions
Sec. 12301. Grants to improve supply, stability, safety, and training
of agricultural labor force.
Sec. 12302. Evaluation required for purposes of prohibition on closure
or relocation of county offices for the Farm Service Agency.
Sec. 12303. Prohibition on attending an animal fight or causing a minor
to attend an animal fight.
Sec. 12304. Program benefit eligibility status for participants in high
plains water study.
Sec. 12305. Office of Tribal Relations.
Sec. 12306. Military Veterans Agricultural Liaison.
Sec. 12307. Acer access and development program.
Sec. 12308. Prohibition against interference by State and local
governments with production or manufacture of items in other States.
Sec. 12309. Increased protection for agricultural interests in the
Missouri River basin.
SEC. 2. DEFINITION OF SECRETARY OF AGRICULTURE.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--COMMODITIES
Subtitle A--Repeals and Reforms
SEC. 1101. REPEAL OF DIRECT PAYMENTS.
(a) Repeal.--Sections 1103 and 1303 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8713, 8753) are repealed.
(b) Continued Application for 2012 Crop Year.--Sections 1103 and 1303
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713,
8753), as in effect on the day before the date of enactment of this
Act, shall continue to apply through the 2012 crop year with respect to
all covered commodities (as defined in section 1001 of that Act (7
U.S.C. 8702)) and peanuts on a farm.
SEC. 1102. REPEAL OF COUNTER-CYCLICAL PAYMENTS.
(a) Repeal.--Sections 1104 and 1304 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8714, 8754) are repealed.
(b) Continued Application for 2012 Crop Year.--Sections 1104 and 1304
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8714,
8754), as in effect on the day before the date of enactment of this
Act, shall continue to apply through the 2012 crop year with respect to
all covered commodities (as defined in section 1001 of that Act (7
U.S.C. 8702)) and peanuts on a farm.
SEC. 1103. REPEAL OF AVERAGE CROP REVENUE ELECTION PROGRAM.
(a) Repeal.--Section 1105 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8715) is repealed.
(b) Continued Application for 2012 Crop Year.--Section 1105 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8715), as in
effect on the day before the date of enactment of this Act, shall
continue to apply through the 2012 crop year with respect to all
covered commodities (as defined in section 1001 of that Act (7 U.S.C.
8702)) and peanuts on a farm for which the irrevocable election under
section 1105 of that Act was made before the date of enactment of this
Act.
SEC. 1104. DEFINITIONS.
In this subtitle and subtitle B:
(1) Actual county revenue.--The term ``actual county
revenue'', with respect to a covered commodity for a crop year,
means the amount determined by the Secretary under section
1107(c)(4) to determine whether revenue loss coverage payments
are required to be provided for that crop year.
(2) Base acres.--The term ``base acres'', with respect to a
covered commodity and cotton on a farm, means the number of
acres established under section 1101 and 1302 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7911, 7952)
or section 1101 and 1302 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8711, 8752), as in effect on September
30, 2012, subject to any adjustment under section 1105 of this
Act.
(3) County revenue loss coverage trigger.--The term ``county
revenue loss coverage trigger'', with respect to a covered
commodity for a crop year, means the amount determined by the
Secretary under section 1107(c)(5) to determine whether revenue
loss coverage payments are required to be provided for that
crop year.
(4) Covered commodity.--The term ``covered commodity'' means
wheat, oats, and barley (including wheat, oats, and barley used
for haying and grazing), corn, grain sorghum, long grain rice,
medium grain rice, pulse crops, soybeans, other oilseeds, and
peanuts.
(5) Effective price.--The term ``effective price'', with
respect to a covered commodity for a crop year, means the price
calculated by the Secretary under section 1107(b)(2) to
determine whether price loss coverage payments are required to
be provided for that crop year.
(6) Extra long staple cotton.--The term ``extra long staple
cotton'' means cotton that--
(A) is produced from pure strain varieties of the
Barbadense species or any hybrid of the species, or
other similar types of extra long staple cotton,
designated by the Secretary, having characteristics
needed for various end uses for which United States
upland cotton is not suitable and grown in irrigated
cotton-growing regions of the United States designated
by the Secretary or other areas designated by the
Secretary as suitable for the production of the
varieties or types; and
(B) is ginned on a roller-type gin or, if authorized
by the Secretary, ginned on another type gin for
experimental purposes.
(7) Farm base acres.--The term ``farm base acres'' means the
sum of the base acreage for all covered commodities and cotton
on a farm in effect as of September 30, 2012, and subject to
any adjustment under section 1105.
(8) Medium grain rice.--The term ``medium grain rice''
includes short grain rice.
(9) Midseason price.--The term ``midseason price'' means the
applicable national average market price received by producers
for the first 5 months of the applicable marketing year, as
determined by the Secretary.
(10) Other oilseed.--The term ``other oilseed'' means a crop
of sunflower seed, rapeseed, canola, safflower, flaxseed,
mustard seed, crambe, sesame seed, or any oilseed designated by
the Secretary.
(11) Payment acres.--
(A) In general.--Except as provided in subparagraphs
(B) through (D), the term ``payment acres'', with
respect to the provision of price loss coverage
payments and revenue loss coverage payments, means--
(i) 85 percent of total acres planted for the
year to each covered commodity on a farm; and
(ii) 30 percent of approved total acres
prevented from being planted for the year to
each covered commodity on a farm.
(B) Maximum.--The total quantity of payment acres
determined under subparagraph (A) shall not exceed the
farm base acres.
(C) Reduction.--If the sum of all payment acres for a
farm exceeds the limits established under subparagraph
(B), the Secretary shall reduce the payment acres
applicable to each crop proportionately.
(D) Exclusion.--The term ``payment acres'' does not
include any crop subsequently planted during the same
crop year on the same land for which the first crop is
eligible for payments under this subtitle, unless the
crop was approved for double cropping in the county, as
determined by the Secretary.
(12) Payment yield.--The term ``payment yield'' means the
yield established for counter-cyclical payments under section
1102 or 1302 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7912, 7952), section 1102 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8712), as in
effect on September 30, 2012, or under section 1106 of this
Act, for a farm for a covered commodity.
(13) Price loss coverage.--The term ``price loss coverage''
means coverage provided under section 1107(b).
(14) Producer.--
(A) In general.--The term ``producer'' means an
owner, operator, landlord, tenant, or sharecropper that
shares in the risk of producing a crop and is entitled
to share in the crop available for marketing from the
farm, or would have shared had the crop been produced.
(B) Hybrid seed.--In determining whether a grower of
hybrid seed is a producer, the Secretary shall--
(i) not take into consideration the existence
of a hybrid seed contract; and
(ii) ensure that program requirements do not
adversely affect the ability of the grower to
receive a payment under this title.
(15) Pulse crop.--The term ``pulse crop'' means dry peas,
lentils, small chickpeas, and large chickpeas.
(16) Reference price.--The term ``reference price'', with
respect to a covered commodity for a crop year, means the
following:
(A) Wheat, $5.50 per bushel.
(B) Corn, $3.70 per bushel.
(C) Grain sorghum, $3.95 per bushel.
(D) Barley, $4.95 per bushel.
(E) Oats, $2.40 per bushel.
(F) Long grain rice, $14.00 per hundredweight.
(G) Medium grain rice, $14.00 per hundredweight.
(H) Soybeans, $8.40 per bushel.
(I) Other oilseeds, $20.15 per hundredweight.
(J) Peanuts $535.00 per ton.
(K) Dry peas, $11.00 per hundredweight.
(L) Lentils, $19.97 per hundredweight.
(M) Small chickpeas, $19.04 per hundredweight.
(N) Large chickpeas, $21.54 per hundredweight.
(17) Revenue loss coverage.--The term ``revenue loss
coverage'' means coverage provided under section 1107(c).
(18) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(19) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(20) Transitional yield.--The term ``transitional yield'' has
the meaning given the term in section 502(b) of the Federal
Crop Insurance Act (7 U.S.C. 1502(b)).
(21) United states.--The term ``United States'', when used in
a geographical sense, means all of the States.
(22) United states premium factor.--The term ``United States
Premium Factor'' means the percentage by which the difference
in the United States loan schedule premiums for Strict Middling
(SM) 1\1/8\-inch upland cotton and for Middling (M) 1\3/32\-
inch upland cotton exceeds the difference in the applicable
premiums for comparable international qualities.
SEC. 1105. BASE ACRES.
(a) Adjustment of Base Acres.--
(1) In general.--The Secretary shall provide for an
adjustment, as appropriate, in the base acres for covered
commodities and cotton for a farm whenever any of the following
circumstances occurs:
(A) A conservation reserve contract entered into
under section 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) with respect to the farm expires or is
voluntarily terminated.
(B) Cropland is released from coverage under a
conservation reserve contract by the Secretary.
(C) The producer has eligible oilseed acreage as the
result of the Secretary designating additional
oilseeds, which shall be determined in the same manner
as eligible oilseed acreage under section 1101(a)(1)(D)
of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8711(a)(1)(D)).
(2) Special conservation reserve acreage payment rules.--For
the crop year in which a base acres adjustment under
subparagraph (A) or (B) of paragraph (1) is first made, the
owner of the farm shall elect to receive price loss coverage or
revenue loss coverage with respect to the acreage added to the
farm under this subsection or a prorated payment under the
conservation reserve contract, but not both.
(b) Prevention of Excess Base Acres.--
(1) Required reduction.--If the sum of the base acres for a
farm, together with the acreage described in paragraph (2)
exceeds the actual cropland acreage of the farm, the Secretary
shall reduce the base acres for 1 or more covered commodities
or cotton for the farm so that the sum of the base acres and
acreage described in paragraph (2) does not exceed the actual
cropland acreage of the farm.
(2) Other acreage.--For purposes of paragraph (1), the
Secretary shall include the following:
(A) Any acreage on the farm enrolled in the
conservation reserve program or wetlands reserve
program (or successor programs) under chapter 1 of
subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3830 et seq.).
(B) Any other acreage on the farm enrolled in a
Federal conservation program for which payments are
made in exchange for not producing an agricultural
commodity on the acreage.
(C) If the Secretary designates additional oilseeds,
any eligible oilseed acreage, which shall be determined
in the same manner as eligible oilseed acreage under
subsection (a)(1)(C).
(3) Selection of acres.--The Secretary shall give the owner
of the farm the opportunity to select the base acres for a
covered commodity or cotton for the farm against which the
reduction required by paragraph (1) will be made.
(4) Exception for double-cropped acreage.--In applying
paragraph (1), the Secretary shall make an exception in the
case of double cropping, as determined by the Secretary.
(c) Reduction in Base Acres.--
(1) Reduction at option of owner.--
(A) In general.--The owner of a farm may reduce, at
any time, the base acres for any covered commodity or
cotton for the farm.
(B) Effect of reduction.--A reduction under
subparagraph (A) shall be permanent and made in a
manner prescribed by the Secretary.
(2) Required action by secretary.--
(A) In general.--The Secretary shall proportionately
reduce base acres on a farm for covered commodities and
cotton for land that has been subdivided and developed
for multiple residential units or other nonfarming uses
if the size of the tracts and the density of the
subdivision is such that the land is unlikely to return
to the previous agricultural use, unless the producers
on the farm demonstrate that the land--
(i) remains devoted to commercial
agricultural production; or
(ii) is likely to be returned to the previous
agricultural use.
(B) Requirement.--The Secretary shall establish
procedures to identify land described in subparagraph
(A).
SEC. 1106. PAYMENT YIELDS.
(a) Establishment and Purpose.--For the purpose of making payments
under this subtitle, the Secretary shall provide for the establishment
of a yield for each farm for any designated oilseed for which a payment
yield was not established under section 1102 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8712) in accordance with this section.
(b) Payment Yields for Designated Oilseeds.--
(1) Determination of average yield.--In the case of
designated oilseeds, the Secretary shall determine the average
yield per planted acre for the designated oilseed on a farm for
the 1998 through 2001 crop years, excluding any crop year in
which the acreage planted to the designated oilseed was zero.
(2) Adjustment for payment yield.--
(A) In general.--The payment yield for a farm for a
designated oilseed shall be equal to the product of the
following:
(i) The average yield for the designated
oilseed determined under paragraph (1).
(ii) The ratio resulting from dividing the
national average yield for the designated
oilseed for the 1981 through 1985 crops by the
national average yield for the designated
oilseed for the 1998 through 2001 crops.
(B) No national average yield information
available.--To the extent that national average yield
information for a designated oilseed is not available,
the Secretary shall use such information as the
Secretary determines to be fair and equitable to
establish a national average yield under this section.
(3) Use of county average yield.--If the yield per planted
acre for a crop of a designated oilseed for a farm for any of
the 1998 through 2001 crop years was less than 75 percent of
the county yield for that designated oilseed, the Secretary
shall assign a yield for that crop year equal to 75 percent of
the county yield for the purpose of determining the average
under paragraph (1).
(4) No historic yield data available.--In the case of
establishing yields for designated oilseeds, if historic yield
data is not available, the Secretary shall use the ratio for
dry peas calculated under paragraph (2)(A)(ii) in determining
the yields for designated oilseeds, as determined to be fair
and equitable by the Secretary.
(c) Effect of Lack of Payment Yield.--
(1) Establishment by secretary.--If no payment yield is
otherwise established for a farm for which a covered commodity
is planted and eligible to receive price loss coverage
payments, the Secretary shall establish an appropriate payment
yield for the covered commodity on the farm under paragraph
(2).
(2) Use of similarly situated farms.--Notwithstanding any
other provision of law, to establish an appropriate payment
yield for a covered commodity on a farm as required by
paragraph (1), the Secretary shall take into consideration the
farm program payment yields applicable to that covered
commodity for similarly situated farms.
(d) Single Opportunity to Update Yields Used to Determine Price Loss
Coverage Payments.--
(1) Election to update.--At the sole discretion of the owner
of a farm, the owner of a farm shall have a 1-time opportunity
to update the payment yields on a covered commodity-by-covered
commodity basis that would otherwise be used in calculating any
price loss coverage payment for covered commodities on the
farm.
(2) Time for election.--The election under paragraph (1)
shall be made at a time and manner to be in effect for the 2013
crop year as determined by the Secretary.
(3) Method of updating yields.--If the owner of a farm elects
to update yields under this subsection, the payment yield for a
covered commodity on the farm, for the purpose of calculating
price loss coverage payments only, shall be equal to 90 percent
of the average of the yield per planted acre for the crop of
the covered commodity on the farm for the 2008 through 2012
crop years, as determined by the Secretary, excluding any crop
year in which the acreage planted to the crop of the covered
commodity was zero.
(4) Use of county average yield.--If the yield per planted
acre for a crop of the covered commodity for a farm for any of
the 2008 through 2012 crop years was less than 75 percent of
the average of the 2008 through 2012 county yield for that
commodity, the Secretary shall assign a yield for that crop
year equal to 75 percent of the average of the 2008 through
2012 county yield for the purposes of determining the average
yield under paragraph (3).
(5) Effect of lack of payment yield.--
(A) Establishment by secretary.--For purposes of this
subsection, if no payment yield is otherwise
established for a covered commodity on a farm, the
Secretary shall establish an appropriate updated
payment yield for the covered commodity on the farm
under subparagraph (B).
(B) Use of similarly situated farms.--Notwithstanding
any other provision of law, to establish an appropriate
updated payment yield for a covered commodity on a farm
as required by subparagraph (A), the Secretary shall
take into consideration the farm program payment yields
applicable to that covered commodity for similarly
situated farms, but before the yields for the similarly
situated farms are updated as provided in this
subsection.
SEC. 1107. FARM RISK MANAGEMENT ELECTION.
(a) In General.--
(1) Payments required.--Except as provided in paragraph (2),
if the Secretary determines that payments are required under
subsection (b)(1) or (c)(2) for a covered commodity, the
Secretary shall make payments for that covered commodity
available under such subsection to producers on a farm pursuant
to the terms and conditions of this section.
(2) Prohibition on payments; exceptions.--Notwithstanding any
other provision of this title, a producer on a farm may not
receive price loss coverage payments or revenue loss coverage
payments if the sum of the planted acres of covered commodities
on the farm is 10 acres or less, as determined by the
Secretary, unless the producer is--
(A) a socially disadvantaged farmer or rancher (as
defined in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e))); or
(B) a limited resource farmer or rancher, as defined
by the Secretary.
(b) Price Loss Coverage.--
(1) Payments.--For each of the 2013 through 2017 crop years,
the Secretary shall make price loss coverage payments to
producers on a farm for a covered commodity if the Secretary
determines that--
(A) the effective price for the covered commodity for
the crop year; is less than
(B) the reference price for the covered commodity for
the crop year.
(2) Effective price.--The effective price for a covered
commodity for a crop year shall be the higher of--
(A) the midseason price; or
(B) the national average loan rate for a marketing
assistance loan for the covered commodity in effect for
crop years 2013 through 2017 under subtitle B.
(3) Payment rate.--The payment rate shall be equal to the
difference between--
(A) the reference price for the covered commodity;
and
(B) the effective price determined under paragraph
(2) for the covered commodity.
(4) Payment amount.--If price loss coverage payments are
required to be provided under this subsection for any of the
2013 through 2017 crop years for a covered commodity, the
amount of the price loss coverage payment to be paid to the
producers on a farm for the crop year shall be equal to the
product obtained by multiplying--
(A) the payment rate for the covered commodity under
paragraph (3);
(B) the payment yield for the covered commodity; and
(C) the payment acres for the covered commodity.
(5) Time for payments.--If the Secretary determines under
this subsection that price loss coverage payments are required
to be provided for the covered commodity, the payments shall be
made beginning October 1, or as soon as practicable thereafter,
after the end of the applicable marketing year for the covered
commodity.
(6) Special rule.--In determining the effective price for
barley in paragraph (2), the Secretary shall use the all-barley
price.
(c) Revenue Loss Coverage.--
(1) Available as an alternative.--As an alternative to
receiving price loss coverage payments under subsection (b) for
a covered commodity, all of the owners of the farm may make a
one-time, irrevocable election on a covered commodity-by-
covered commodity basis to receive revenue loss coverage
payments for each covered commodity in accordance with this
subsection. If any of the owners of the farm make different
elections on the same covered commodity on the farm, all of the
owners of the farm shall be deemed to have not made the
election available under this paragraph.
(2) Payments.--In the case of owners of a farm that make the
election described in paragraph (1) for a covered commodity,
the Secretary shall make revenue loss coverage payments
available under this subsection for each of the 2013 through
2017 crop years if the Secretary determines that--
(A) the actual county revenue for the crop year for
the covered commodity; is less than
(B) the county revenue loss coverage trigger for the
crop year for the covered commodity.
(3) Time for payments.--If the Secretary determines under
this subsection that revenue loss coverage payments are
required to be provided for the covered commodity, payments
shall be made beginning October 1, or as soon as practicable
thereafter, after the end of the applicable marketing year for
the covered commodity.
(4) Actual county revenue.--The amount of the actual county
revenue for a crop year of a covered commodity shall be equal
to the product obtained by multiplying--
(A) the actual county yield, as determined by the
Secretary, for each planted acre for the crop year for
the covered commodity; and
(B) the higher of--
(i) the midseason price; or
(ii) the national average loan rate for a
marketing assistance loan for the covered
commodity in effect for crop years 2013 through
2017 under subtitle B.
(5) County revenue loss coverage trigger.--
(A) In general.--The county revenue loss coverage
trigger for a crop year for a covered commodity on a
farm shall equal 85 percent of the benchmark county
revenue.
(B) Benchmark county revenue.--
(i) In general.--The benchmark county revenue
shall be the product obtained by multiplying--
(I) subject to clause (ii), the
average historical county yield as
determined by the Secretary for the
most recent 5 crop years, excluding
each of the crop years with the highest
and lowest yields; and
(II) subject to clause (iii), the
average national marketing year average
price for the most recent 5 crop years,
excluding each of the crop years with
the highest and lowest prices.
(ii) Yield conditions.--If the historical
county yield in clause (i)(I) for any of the 5
most recent crop years, as determined by the
Secretary, is less than 70 percent of the
transitional yield, as determined by the
Secretary, the amounts used for any of those
years in clause (i)(I) shall be 70 percent of
the transitional yield.
(iii) Reference price.--If the national
marketing year average price in clause (i)(II)
for any of the 5 most recent crop years is
lower than the reference price for the covered
commodity, the Secretary shall use the
reference price for any of those years for the
amounts in clause (i)(II).
(6) Payment rate.--The payment rate shall be equal to the
lesser of--
(A) the difference between--
(i) the county revenue loss coverage trigger
for the covered commodity; and
(ii) the actual county revenue for the crop
year for the covered commodity; or
(B) 10 percent of the benchmark county revenue for
the crop year for the covered commodity.
(7) Payment amount.--If revenue loss coverage payments under
this subsection are required to be provided for any of the 2013
through 2017 crop years of a covered commodity, the amount of
the revenue loss coverage payment to be provided to the
producers on a farm for the crop year shall be equal to the
product obtained by multiplying--
(A) the payment rate under paragraph (6); and
(B) the payment acres of the covered commodity on the
farm.
(8) Duties of the secretary.--In providing revenue loss
coverage payments under this subsection, the Secretary--
(A) shall ensure that producers on a farm do not
reconstitute the farm of the producers to void or
change the election made under paragraph (1);
(B) to the maximum extent practicable, shall use all
available information and analysis, including data
mining, to check for anomalies in the provision of
revenue loss coverage payments;
(C) to the maximum extent practicable, shall
calculate a separate county revenue loss coverage
trigger for irrigated and nonirrigated covered
commodities and a separate actual county revenue for
irrigated and nonirrigated covered commodities;
(D) shall assign a benchmark county yield for each
planted acre for the crop year for the covered
commodity on the basis of the yield history of
representative farms in the State, region, or crop
reporting district, as determined by the Secretary,
if--
(i) the Secretary cannot establish the
benchmark county yield for each planted acre
for a crop year for a covered commodity in the
county in accordance with paragraph (5); or
(ii) the yield determined under paragraph (5)
is an unrepresentative average yield for the
county (as determined by the Secretary); and
(E) to the maximum extent practicable, shall ensure
that in order to be eligible for a payment under this
subsection, the producers on the farm suffered an
actual loss on the covered commodity for the crop year
for which payment is sought.
SEC. 1108. PRODUCER AGREEMENTS.
(a) Compliance With Certain Requirements.--
(1) Requirements.--Before the producers on a farm may receive
price loss coverage payments or revenue loss coverage payments
with respect to the farm, the producers shall agree, during the
crop year for which the payments are made and in exchange for
the payments--
(A) to comply with applicable conservation
requirements under subtitle B of title XII of the Food
Security Act of 1985 (16 U.S.C. 3811 et seq.);
(B) to comply with applicable wetland protection
requirements under subtitle C of title XII of that Act
(16 U.S.C. 3821 et seq.); and
(C) to effectively control noxious weeds and
otherwise maintain the land in accordance with sound
agricultural practices, as determined by the Secretary.
(2) Compliance.--The Secretary may issue such rules as the
Secretary considers necessary to ensure producer compliance
with the requirements of paragraph (1).
(3) Modification.--At the request of the transferee or owner,
the Secretary may modify the requirements of this subsection if
the modifications are consistent with the objectives of this
subsection, as determined by the Secretary.
(b) Transfer or Change of Interest in Farm.--
(1) Termination.--
(A) In general.--Except as provided in paragraph (2),
a transfer of (or change in) the interest of the
producers on a farm for which price loss coverage
payments or revenue loss coverage payments are provided
shall result in the termination of the price loss
coverage and revenue loss coverage, unless the
transferee or owner of the acreage agrees to assume all
obligations under subsection (a).
(B) Effective date.--The termination shall take
effect on the date determined by the Secretary.
(2) Exception.--If a producer entitled to a price loss
coverage payment or revenue loss coverage payment dies, becomes
incompetent, or is otherwise unable to receive the payment, the
Secretary shall make the payment in accordance with rules
issued by the Secretary.
(c) Acreage Reports.--As a condition on the receipt of any benefits
under this subtitle or subtitle B, the Secretary shall require
producers on a farm to submit to the Secretary annual acreage reports
with respect to all cropland on the farm.
(d) Tenants and Sharecroppers.--In carrying out this subtitle, the
Secretary shall provide adequate safeguards to protect the interests of
tenants and sharecroppers.
(e) Sharing of Payments.--The Secretary shall provide for the sharing
of price loss coverage payments and revenue loss coverage payments
among the producers on a farm on a fair and equitable basis.
SEC. 1109. PERIOD OF EFFECTIVENESS.
This subtitle shall be effective beginning with the 2013 crop year of
each covered commodity through the 2017 crop year.
Subtitle B--Marketing Loans
SEC. 1201. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR
LOAN COMMODITIES.
(a) Definition of Loan Commodity.--In this subtitle, the term ``loan
commodity'' means wheat, corn, grain sorghum, barley, oats, upland
cotton, extra long staple cotton, long grain rice, medium grain rice,
peanuts, soybeans, other oilseeds, graded wool, nongraded wool, mohair,
honey, dry peas, lentils, small chickpeas, and large chickpeas.
(b) Nonrecourse Loans Available.--
(1) In general.--For each of the 2013 through 2017 crops of
each loan commodity, the Secretary shall make available to
producers on a farm nonrecourse marketing assistance loans for
loan commodities produced on the farm.
(2) Terms and conditions.--The marketing assistance loans
shall be made under terms and conditions that are prescribed by
the Secretary and at the loan rate established under section
1202 for the loan commodity.
(c) Eligible Production.--The producers on a farm shall be eligible
for a marketing assistance loan under subsection (b) for any quantity
of a loan commodity produced on the farm.
(d) Compliance With Conservation and Wetlands Requirements.--As a
condition of the receipt of a marketing assistance loan under
subsection (b), the producer shall comply with applicable conservation
requirements under subtitle B of title XII of the Food Security Act of
1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection
requirements under subtitle C of title XII of that Act (16 U.S.C. 3821
et seq.) during the term of the loan.
(e) Special Rules for Peanuts.--
(1) In general.--This subsection shall apply only to
producers of peanuts.
(2) Options for obtaining loan.--A marketing assistance loan
under this section, and loan deficiency payments under section
1205, may be obtained at the option of the producers on a farm
through--
(A) a designated marketing association or marketing
cooperative of producers that is approved by the
Secretary; or
(B) the Farm Service Agency.
(3) Storage of loan peanuts.--As a condition on the approval
by the Secretary of an individual or entity to provide storage
for peanuts for which a marketing assistance loan is made under
this section, the individual or entity shall agree--
(A) to provide the storage on a nondiscriminatory
basis; and
(B) to comply with such additional requirements as
the Secretary considers appropriate to accomplish the
purposes of this section and promote fairness in the
administration of the benefits of this section.
(4) Storage, handling, and associated costs.--
(A) In general.--To ensure proper storage of peanuts
for which a loan is made under this section, the
Secretary shall pay handling and other associated costs
(other than storage costs) incurred at the time at
which the peanuts are placed under loan, as determined
by the Secretary.
(B) Redemption and forfeiture.--The Secretary shall--
(i) require the repayment of handling and
other associated costs paid under subparagraph
(A) for all peanuts pledged as collateral for a
loan that is redeemed under this section; and
(ii) pay storage, handling, and other
associated costs for all peanuts pledged as
collateral that are forfeited under this
section.
(5) Marketing.--A marketing association or cooperative may
market peanuts for which a loan is made under this section in
any manner that conforms to consumer needs, including the
separation of peanuts by type and quality.
(6) Reimbursable agreements and payment of administrative
expenses.--The Secretary may implement any reimbursable
agreements or provide for the payment of administrative
expenses under this subsection only in a manner that is
consistent with those activities in regard to other loan
commodities.
SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE LOANS.
(a) In General.--For purposes of each of the 2013 through 2017 crop
years, the loan rate for a marketing assistance loan under section 1201
for a loan commodity shall be equal to the following:
(1) In the case of wheat, $2.94 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per bushel.
(4) In the case of barley, $1.95 per bushel.
(5) In the case of oats, $1.39 per bushel.
(6) In the case of base quality of upland cotton, for the
2013 and each subsequent crop year, the simple average of the
adjusted prevailing world price for the 2 immediately preceding
marketing years, as determined by the Secretary and announced
October 1 preceding the next domestic plantings, but in no case
less than $0.47 per pound or more than $0.52 per pound.
(7) In the case of extra long staple cotton, $0.7977 per
pound.
(8) In the case of long grain rice, $6.50 per hundredweight.
(9) In the case of medium grain rice, $6.50 per
hundredweight.
(10) In the case of soybeans, $5.00 per bushel.
(11) In the case of other oilseeds, $10.09 per hundredweight
for each of the following kinds of oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard seed.
(G) Crambe.
(H) Sesame seed.
(I) Other oilseeds designated by the Secretary.
(12) In the case of dry peas, $5.40 per hundredweight.
(13) In the case of lentils, $11.28 per hundredweight.
(14) In the case of small chickpeas, $7.43 per hundredweight.
(15) In the case of large chickpeas, $11.28 per
hundredweight.
(16) In the case of graded wool, $1.15 per pound.
(17) In the case of nongraded wool, $0.40 per pound.
(18) In the case of mohair, $4.20 per pound.
(19) In the case of honey, $0.69 per pound.
(20) In the case of peanuts, $355 per ton.
(b) Single County Loan Rate for Other Oilseeds.--The Secretary shall
establish a single loan rate in each county for each kind of other
oilseeds described in subsection (a)(11).
SEC. 1203. TERM OF LOANS.
(a) Term of Loan.--In the case of each loan commodity, a marketing
assistance loan under section 1201 shall have a term of 9 months
beginning on the first day of the first month after the month in which
the loan is made.
(b) Extensions Prohibited.--The Secretary may not extend the term of
a marketing assistance loan for any loan commodity.
SEC. 1204. REPAYMENT OF LOANS.
(a) General Rule.--The Secretary shall permit the producers on a farm
to repay a marketing assistance loan under section 1201 for a loan
commodity (other than upland cotton, long grain rice, medium grain
rice, extra long staple cotton, peanuts and confectionery and each
other kind of sunflower seed (other than oil sunflower seed)) at a rate
that is the lesser of--
(1) the loan rate established for the commodity under section
1202, plus interest (determined in accordance with section 163
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7283));
(2) a rate (as determined by the Secretary) that--
(A) is calculated based on average market prices for
the loan commodity during the preceding 30-day period;
and
(B) will minimize discrepancies in marketing loan
benefits across State boundaries and across county
boundaries; or
(3) a rate that the Secretary may develop using alternative
methods for calculating a repayment rate for a loan commodity
that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the
commodity by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing the commodity;
(D) allow the commodity produced in the United States
to be marketed freely and competitively, both
domestically and internationally; and
(E) minimize discrepancies in marketing loan benefits
across State boundaries and across county boundaries.
(b) Repayment Rates for Upland Cotton, Long Grain Rice, and Medium
Grain Rice.--The Secretary shall permit producers to repay a marketing
assistance loan under section 1201 for upland cotton, long grain rice,
and medium grain rice at a rate that is the lesser of--
(1) the loan rate established for the commodity under section
1202, plus interest (determined in accordance with section 163
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7283)); or
(2) the prevailing world market price for the commodity, as
determined and adjusted by the Secretary in accordance with
this section.
(c) Repayment Rates for Extra Long Staple Cotton.--Repayment of a
marketing assistance loan for extra long staple cotton shall be at the
loan rate established for the commodity under section 1202, plus
interest (determined in accordance with section 163 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)).
(d) Prevailing World Market Price.--For purposes of this section and
section 1207, the Secretary shall prescribe by regulation--
(1) a formula to determine the prevailing world market price
for each of upland cotton, long grain rice, and medium grain
rice; and
(2) a mechanism by which the Secretary shall announce
periodically those prevailing world market prices.
(e) Adjustment of Prevailing World Market Price for Upland Cotton,
Long Grain Rice, and Medium Grain Rice.--
(1) Rice.--The prevailing world market price for long grain
rice and medium grain rice determined under subsection (d)
shall be adjusted to United States quality and location.
(2) Cotton.--The prevailing world market price for upland
cotton determined under subsection (d)--
(A) shall be adjusted to United States quality and
location, with the adjustment to include--
(i) a reduction equal to any United States
Premium Factor for upland cotton of a quality
higher than Middling (M) 1\3/32\-inch; and
(ii) the average costs to market the
commodity, including average transportation
costs, as determined by the Secretary; and
(B) may be further adjusted, during the period
beginning on the date of enactment of this Act and
ending on July 31, 2018, if the Secretary determines
the adjustment is necessary--
(i) to minimize potential loan forfeitures;
(ii) to minimize the accumulation of stocks
of upland cotton by the Federal Government;
(iii) to ensure that upland cotton produced
in the United States can be marketed freely and
competitively, both domestically and
internationally; and
(iv) to ensure an appropriate transition
between current-crop and forward-crop price
quotations, except that the Secretary may use
forward-crop price quotations prior to July 31
of a marketing year only if--
(I) there are insufficient current-
crop price quotations; and
(II) the forward-crop price quotation
is the lowest such quotation available.
(3) Guidelines for additional adjustments.--In making
adjustments under this subsection, the Secretary shall
establish a mechanism for determining and announcing the
adjustments in order to avoid undue disruption in the United
States market.
(f) Repayment Rates for Confectionery and Other Kinds of Sunflower
Seeds.--The Secretary shall permit the producers on a farm to repay a
marketing assistance loan under section 1201 for confectionery and each
other kind of sunflower seed (other than oil sunflower seed) at a rate
that is the lesser of--
(1) the loan rate established for the commodity under section
1202, plus interest (determined in accordance with section 163
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7283)); or
(2) the repayment rate established for oil sunflower seed.
(g) Payment of Cotton Storage Costs.--Effective for each of the 2013
through 2017 crop years, the Secretary shall make cotton storage
payments available in the same manner, and at the same rates as the
Secretary provided storage payments for the 2006 crop of cotton, except
that the rates shall be reduced by 10 percent.
(h) Repayment Rate for Peanuts.--The Secretary shall permit producers
on a farm to repay a marketing assistance loan for peanuts under
subsection (a) at a rate that is the lesser of--
(1) the loan rate established for peanuts under subsection
(b), plus interest (determined in accordance with section 163
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7283)); or
(2) a rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of peanuts by
the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing peanuts; and
(D) allow peanuts produced in the United States to be
marketed freely and competitively, both domestically
and internationally.
(i) Authority to Temporarily Adjust Repayment Rates.--
(1) Adjustment authority.--In the event of a severe
disruption to marketing, transportation, or related
infrastructure, the Secretary may modify the repayment rate
otherwise applicable under this section for marketing
assistance loans under section 1201 for a loan commodity.
(2) Duration.--Any adjustment made under paragraph (1) in the
repayment rate for marketing assistance loans for a loan
commodity shall be in effect on a short-term and temporary
basis, as determined by the Secretary.
SEC. 1205. LOAN DEFICIENCY PAYMENTS.
(a) Availability of Loan Deficiency Payments.--
(1) In general.--Except as provided in subsection (d), the
Secretary may make loan deficiency payments available to
producers on a farm that, although eligible to obtain a
marketing assistance loan under section 1201 with respect to a
loan commodity, agree to forgo obtaining the loan for the
commodity in return for loan deficiency payments under this
section.
(2) Unshorn pelts, hay, and silage.--
(A) Marketing assistance loans.--Subject to
subparagraph (B), nongraded wool in the form of unshorn
pelts and hay and silage derived from a loan commodity
are not eligible for a marketing assistance loan under
section 1201.
(B) Loan deficiency payment.--Effective for the 2013
through 2017 crop years, the Secretary may make loan
deficiency payments available under this section to
producers on a farm that produce unshorn pelts or hay
and silage derived from a loan commodity.
(b) Computation.--A loan deficiency payment for a loan commodity or
commodity referred to in subsection (a)(2) shall be equal to the
product obtained by multiplying--
(1) the payment rate determined under subsection (c) for the
commodity; by
(2) the quantity of the commodity produced by the eligible
producers, excluding any quantity for which the producers
obtain a marketing assistance loan under section 1201.
(c) Payment Rate.--
(1) In general.--In the case of a loan commodity, the payment
rate shall be the amount by which--
(A) the loan rate established under section 1202 for
the loan commodity; exceeds
(B) the rate at which a marketing assistance loan for
the loan commodity may be repaid under section 1204.
(2) Unshorn pelts.--In the case of unshorn pelts, the payment
rate shall be the amount by which--
(A) the loan rate established under section 1202 for
ungraded wool; exceeds
(B) the rate at which a marketing assistance loan for
ungraded wool may be repaid under section 1204.
(3) Hay and silage.--In the case of hay or silage derived
from a loan commodity, the payment rate shall be the amount by
which--
(A) the loan rate established under section 1202 for
the loan commodity from which the hay or silage is
derived; exceeds
(B) the rate at which a marketing assistance loan for
the loan commodity may be repaid under section 1204.
(d) Exception for Extra Long Staple Cotton.--This section shall not
apply with respect to extra long staple cotton.
(e) Effective Date for Payment Rate Determination.--The Secretary
shall determine the amount of the loan deficiency payment to be made
under this section to the producers on a farm with respect to a
quantity of a loan commodity or commodity referred to in subsection
(a)(2) using the payment rate in effect under subsection (c) as of the
date the producers request the payment.
SEC. 1206. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
(a) Eligible Producers.--
(1) In general.--Effective for the 2013 through 2017 crop
years, in the case of a producer that would be eligible for a
loan deficiency payment under section 1205 for wheat, barley,
or oats, but that elects to use acreage planted to the wheat,
barley, or oats for the grazing of livestock, the Secretary
shall make a payment to the producer under this section if the
producer enters into an agreement with the Secretary to forgo
any other harvesting of the wheat, barley, or oats on that
acreage.
(2) Grazing of triticale acreage.--Effective for the 2013
through 2017 crop years, with respect to a producer on a farm
that uses acreage planted to triticale for the grazing of
livestock, the Secretary shall make a payment to the producer
under this section if the producer enters into an agreement
with the Secretary to forgo any other harvesting of triticale
on that acreage.
(b) Payment Amount.--
(1) In general.--The amount of a payment made under this
section to a producer on a farm described in subsection (a)(1)
shall be equal to the amount determined by multiplying--
(A) the loan deficiency payment rate determined under
section 1205(c) in effect, as of the date of the
agreement, for the county in which the farm is located;
by
(B) the payment quantity determined by multiplying--
(i) the quantity of the grazed acreage on the
farm with respect to which the producer elects
to forgo harvesting of wheat, barley, or oats;
and
(ii)(I) the payment yield in effect for the
calculation of price loss coverage under
subtitle A with respect to that loan commodity
on the farm; or
(II) in the case of a farm without a payment
yield for that loan commodity, an appropriate
yield established by the Secretary in a manner
consistent with section 1106(c) of this Act.
(2) Grazing of triticale acreage.--The amount of a payment
made under this section to a producer on a farm described in
subsection (a)(2) shall be equal to the amount determined by
multiplying--
(A) the loan deficiency payment rate determined under
section 1205(c) in effect for wheat, as of the date of
the agreement, for the county in which the farm is
located; by
(B) the payment quantity determined by multiplying--
(i) the quantity of the grazed acreage on the
farm with respect to which the producer elects
to forgo harvesting of triticale; and
(ii)(I) the payment yield in effect for the
calculation of price loss coverage under
subtitle A with respect to wheat on the farm;
or
(II) in the case of a farm without a payment
yield for wheat, an appropriate yield
established by the Secretary in a manner
consistent with section 1106(c) of this Act.
(c) Time, Manner, and Availability of Payment.--
(1) Time and manner.--A payment under this section shall be
made at the same time and in the same manner as loan deficiency
payments are made under section 1205.
(2) Availability.--
(A) In general.--The Secretary shall establish an
availability period for the payments authorized by this
section.
(B) Certain commodities.--In the case of wheat,
barley, and oats, the availability period shall be
consistent with the availability period for the
commodity established by the Secretary for marketing
assistance loans authorized by this subtitle.
(d) Prohibition on Crop Insurance Indemnity or Noninsured Crop
Assistance.--A 2013 through 2017 crop of wheat, barley, oats, or
triticale planted on acreage that a producer elects, in the agreement
required by subsection (a), to use for the grazing of livestock in lieu
of any other harvesting of the crop shall not be eligible for an
indemnity under a policy or plan of insurance authorized under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop
assistance under section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333).
SEC. 1207. SPECIAL MARKETING LOAN PROVISIONS FOR UPLAND COTTON.
(a) Special Import Quota.--
(1) Definition of special import quota.--In this subsection,
the term ``special import quota'' means a quantity of imports
that is not subject to the over-quota tariff rate of a tariff-
rate quota.
(2) Establishment.--
(A) In general.--The President shall carry out an
import quota program during the period beginning on
August 1, 2013, and ending on July 31, 2018, as
provided in this subsection.
(B) Program requirements.--Whenever the Secretary
determines and announces that for any consecutive 4-
week period, the Friday through Thursday average price
quotation for the lowest-priced United States growth,
as quoted for Middling (M) 1\3/32\-inch cotton,
delivered to a definable and significant international
market, as determined by the Secretary, exceeds the
prevailing world market price, there shall immediately
be in effect a special import quota.
(3) Quantity.--The quota shall be equal to the consumption
during a 1-week period of cotton by domestic mills at the
seasonally adjusted average rate of the most recent 3 months
for which official data of the Department of Agriculture are
available or, in the absence of sufficient data, as estimated
by the Secretary.
(4) Application.--The quota shall apply to upland cotton
purchased not later than 90 days after the date of the
Secretary's announcement under paragraph (2) and entered into
the United States not later than 180 days after that date.
(5) Overlap.--A special quota period may be established that
overlaps any existing quota period if required by paragraph
(2), except that a special quota period may not be established
under this subsection if a quota period has been established
under subsection (b).
(6) Preferential tariff treatment.--The quantity under a
special import quota shall be considered to be an in-quota
quantity for purposes of--
(A) section 213(d) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(d));
(B) section 204 of the Andean Trade Preference Act
(19 U.S.C. 3203);
(C) section 503(d) of the Trade Act of 1974 (19
U.S.C. 2463(d)); and
(D) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(7) Limitation.--The quantity of cotton entered into the
United States during any marketing year under the special
import quota established under this subsection may not exceed
the equivalent of 10 week's consumption of upland cotton by
domestic mills at the seasonally adjusted average rate of the 3
months immediately preceding the first special import quota
established in any marketing year.
(b) Limited Global Import Quota for Upland Cotton.--
(1) Definitions.--In this subsection:
(A) Demand.--The term ``demand'' means--
(i) the average seasonally adjusted annual
rate of domestic mill consumption of cotton
during the most recent 3 months for which
official data of the Department of Agriculture
are available or, in the absence of sufficient
data, as estimated by the Secretary; and
(ii) the larger of--
(I) average exports of upland cotton
during the preceding 6 marketing years;
or
(II) cumulative exports of upland
cotton plus outstanding export sales
for the marketing year in which the
quota is established.
(B) Limited global import quota.--The term ``limited
global import quota'' means a quantity of imports that
is not subject to the over-quota tariff rate of a
tariff-rate quota.
(C) Supply.--The term ``supply'' means, using the
latest official data of the Department of Agriculture--
(i) the carry-over of upland cotton at the
beginning of the marketing year (adjusted to
480-pound bales) in which the quota is
established;
(ii) production of the current crop; and
(iii) imports to the latest date available
during the marketing year.
(2) Program.--The President shall carry out an import quota
program that provides that whenever the Secretary determines
and announces that the average price of the base quality of
upland cotton, as determined by the Secretary, in the
designated spot markets for a month exceeded 130 percent of the
average price of the quality of cotton in the markets for the
preceding 36 months, notwithstanding any other provision of
law, there shall immediately be in effect a limited global
import quota subject to the following conditions:
(A) Quantity.--The quantity of the quota shall be
equal to 21 days of domestic mill consumption of upland
cotton at the seasonally adjusted average rate of the
most recent 3 months for which official data of the
Department of Agriculture are available or, in the
absence of sufficient data, as estimated by the
Secretary.
(B) Quantity if prior quota.--If a quota has been
established under this subsection during the preceding
12 months, the quantity of the quota next established
under this subsection shall be the smaller of 21 days
of domestic mill consumption calculated under
subparagraph (A) or the quantity required to increase
the supply to 130 percent of the demand.
(C) Preferential tariff treatment.--The quantity
under a limited global import quota shall be considered
to be an in-quota quantity for purposes of--
(i) section 213(d) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade
Preference Act (19 U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974
(19 U.S.C. 2463(d)); and
(iv) General Note 3(a)(iv) to the Harmonized
Tariff Schedule.
(D) Quota entry period.--When a quota is established
under this subsection, cotton may be entered under the
quota during the 90-day period beginning on the date
the quota is established by the Secretary.
(3) No overlap.--Notwithstanding paragraph (2), a quota
period may not be established that overlaps an existing quota
period or a special quota period established under subsection
(a).
(c) Economic Adjustment Assistance to Users of Upland Cotton.--
(1) In general.--Subject to paragraph (2), the Secretary
shall, on a monthly basis, make economic adjustment assistance
available to domestic users of upland cotton in the form of
payments for all documented use of that upland cotton during
the previous monthly period regardless of the origin of the
upland cotton.
(2) Value of assistance.--Effective beginning on August 1,
2012, the value of the assistance provided under paragraph (1)
shall be 3 cents per pound.
(3) Allowable purposes.--Economic adjustment assistance under
this subsection shall be made available only to domestic users
of upland cotton that certify that the assistance shall be used
only to acquire, construct, install, modernize, develop,
convert, or expand land, plant, buildings, equipment,
facilities, or machinery.
(4) Review or audit.--The Secretary may conduct such review
or audit of the records of a domestic user under this
subsection as the Secretary determines necessary to carry out
this subsection.
(5) Improper use of assistance.--If the Secretary determines,
after a review or audit of the records of the domestic user,
that economic adjustment assistance under this subsection was
not used for the purposes specified in paragraph (3), the
domestic user shall be--
(A) liable for the repayment of the assistance to the
Secretary, plus interest, as determined by the
Secretary; and
(B) ineligible to receive assistance under this
subsection for a period of 1 year following the
determination of the Secretary.
SEC. 1208. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STAPLE COTTON.
(a) Competitiveness Program.--Notwithstanding any other provision of
law, during the period beginning on the date of enactment of this Act
through July 31, 2018, the Secretary shall carry out a program--
(1) to maintain and expand the domestic use of extra long
staple cotton produced in the United States;
(2) to increase exports of extra long staple cotton produced
in the United States; and
(3) to ensure that extra long staple cotton produced in the
United States remains competitive in world markets.
(b) Payments Under Program; Trigger.--Under the program, the
Secretary shall make payments available under this section whenever--
(1) for a consecutive 4-week period, the world market price
for the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as
determined by the Secretary, is below the prevailing United
States price for a competing growth of extra long staple
cotton; and
(2) the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as
determined by the Secretary, is less than 134 percent of the
loan rate for extra long staple cotton.
(c) Eligible Recipients.--The Secretary shall make payments available
under this section to domestic users of extra long staple cotton
produced in the United States and exporters of extra long staple cotton
produced in the United States that enter into an agreement with the
Commodity Credit Corporation to participate in the program under this
section.
(d) Payment Amount.--Payments under this section shall be based on
the amount of the difference in the prices referred to in subsection
(b)(1) during the fourth week of the consecutive 4-week period
multiplied by the amount of documented purchases by domestic users and
sales for export by exporters made in the week following such a
consecutive 4-week period.
SEC. 1209. AVAILABILITY OF RECOURSE LOANS FOR HIGH MOISTURE FEED GRAINS
AND SEED COTTON.
(a) High Moisture Feed Grains.--
(1) Definition of high moisture state.--In this subsection,
the term ``high moisture state'' means corn or grain sorghum
having a moisture content in excess of Commodity Credit
Corporation standards for marketing assistance loans made by
the Secretary under section 1201.
(2) Recourse loans available.--For each of the 2013 through
2017 crops of corn and grain sorghum, the Secretary shall make
available recourse loans, as determined by the Secretary, to
producers on a farm that--
(A) normally harvest all or a portion of their crop
of corn or grain sorghum in a high moisture state;
(B) present--
(i) certified scale tickets from an
inspected, certified commercial scale,
including a licensed warehouse, feedlot, feed
mill, distillery, or other similar entity
approved by the Secretary, pursuant to
regulations issued by the Secretary; or
(ii) field or other physical measurements of
the standing or stored crop in regions of the
United States, as determined by the Secretary,
that do not have certified commercial scales
from which certified scale tickets may be
obtained within reasonable proximity of harvest
operation;
(C) certify that the producers on the farm were the
owners of the feed grain at the time of delivery to,
and that the quantity to be placed under loan under
this subsection was in fact harvested on the farm and
delivered to, a feedlot, feed mill, or commercial or
on-farm high-moisture storage facility, or to a
facility maintained by the users of corn and grain
sorghum in a high moisture state; and
(D) comply with deadlines established by the
Secretary for harvesting the corn or grain sorghum and
submit applications for loans under this subsection
within deadlines established by the Secretary.
(3) Eligibility of acquired feed grains.--A loan under this
subsection shall be made on a quantity of corn or grain sorghum
of the same crop acquired by the producer equivalent to a
quantity determined by multiplying--
(A) the acreage of the corn or grain sorghum in a
high moisture state harvested on the farm of the
producer; by
(B) the lower of the farm program payment yield used
to make payments under subtitle A or the actual yield
on a field, as determined by the Secretary, that is
similar to the field from which the corn or grain
sorghum was obtained.
(b) Recourse Loans Available for Seed Cotton.--For each of the 2013
through 2017 crops of upland cotton and extra long staple cotton, the
Secretary shall make available recourse seed cotton loans, as
determined by the Secretary, on any production.
(c) Repayment Rates.--Repayment of a recourse loan made under this
section shall be at the loan rate established for the commodity by the
Secretary, plus interest (determined in accordance with section 163 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7283)).
SEC. 1210. ADJUSTMENTS OF LOANS.
(a) Adjustment Authority.--Subject to subsection (e), the Secretary
may make appropriate adjustments in the loan rates for any loan
commodity (other than cotton) for differences in grade, type, quality,
location, and other factors.
(b) Manner of Adjustment.--The adjustments under subsection (a)
shall, to the maximum extent practicable, be made in such a manner that
the average loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level of support
determined in accordance with this subtitle and subtitle C.
(c) Adjustment on County Basis.--
(1) In general.--The Secretary may establish loan rates for a
crop for producers in individual counties in a manner that
results in the lowest loan rate being 95 percent of the
national average loan rate, if those loan rates do not result
in an increase in outlays.
(2) Prohibition.--Adjustments under this subsection shall not
result in an increase in the national average loan rate for any
year.
(d) Adjustment in Loan Rate for Cotton.--
(1) In general.--The Secretary may make appropriate
adjustments in the loan rate for cotton for differences in
quality factors.
(2) Types of adjustments.--Loan rate adjustments under
paragraph (1) may include--
(A) the use of non-spot market price data, in
addition to spot market price data, that would enhance
the accuracy of the price information used in
determining quality adjustments under this subsection;
(B) adjustments in the premiums or discounts
associated with upland cotton with a staple length of
33 or above due to micronaire with the goal of
eliminating any unnecessary artificial splits in the
calculations of the premiums or discounts; and
(C) such other adjustments as the Secretary
determines appropriate, after consultations conducted
in accordance with paragraph (3).
(3) Consultation with private sector.--
(A) Prior to revision.--In making adjustments to the
loan rate for cotton (including any review of the
adjustments) as provided in this subsection, the
Secretary shall consult with representatives of the
United States cotton industry.
(B) Inapplicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to consultations under this
subsection.
(4) Review of adjustments.--The Secretary may review the
operation of the upland cotton quality adjustments implemented
pursuant to this subsection and may make further adjustments to
the administration of the loan program for upland cotton, by
revoking or revising any adjustment taken under paragraph (2).
(e) Rice.--The Secretary shall not make adjustments in the loan rates
for long grain rice and medium grain rice, except for differences in
grade and quality (including milling yields).
Subtitle C--Sugar
SEC. 1301. SUGAR PROGRAM.
(a) Continuation of Current Program and Loan Rates.--
(1) Sugarcane.--Section 156(a)(5) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)(5)) is
amended by striking ``the 2012 crop year'' and inserting ``each
of the 2012 through 2017 crop years''.
(2) Sugar beets.--Section 156(b)(2) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(b)(2)) is amended by striking ``2012'' and inserting
``2017''.
(3) Effective period.--Section 156(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(i)) is amended by striking ``2012'' and inserting
``2017''.
(b) Flexible Marketing Allotments for Sugar.--
(1) Sugar estimates.--Section 359b(a)(1) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended by
striking ``2012'' and inserting ``2017''.
(2) Effective period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ``2012'' and inserting ``2017''.
Subtitle D--Dairy
PART I--DAIRY PRODUCER MARGIN PROTECTION AND DAIRY MARKET STABILIZATION
PROGRAMS
SEC. 1401. DEFINITIONS.
In this part:
(1) Actual dairy producer margin.--The term ``actual dairy
producer margin'' means the difference between the all-milk
price and the average feed cost, as calculated under section
1402.
(2) All-milk price.--The term ``all-milk price'' means the
average price received, per hundredweight of milk, by dairy
producers for all milk sold to plants and dealers in the United
States, as determined by the Secretary.
(3) Annual production history.--The term ``annual production
history'' means the production history determined for a
participating dairy producer under section 1413(b) whenever the
dairy producer purchases supplemental margin protection.
(4) Average feed cost.--The term ``average feed cost'' means
the average cost of feed used by a dairy operation to produce a
hundredweight of milk, determined under section 1402 using the
sum of the following:
(A) The product determined by multiplying 1.0728 by
the price of corn per bushel.
(B) The product determined by multiplying 0.00735 by
the price of soybean meal per ton.
(C) The product determined by multiplying 0.0137 by
the price of alfalfa hay per ton.
(5) Basic production history.--The term ``basic production
history'' means the production history determined for a
participating dairy producer under section 1413(a) for
provision of basic margin protection.
(6) Consecutive two-month period.--The term ``consecutive
two-month period'' refers to the two-month period consisting of
the months of January and February, March and April, May and
June, July and August, September and October, or November and
December, respectively.
(7) Dairy producer.--
(A) In general.--Subject to subparagraph (B), the
term ``dairy producer'' means an individual or entity
that directly or indirectly (as determined by the
Secretary)--
(i) shares in the risk of producing milk; and
(ii) makes contributions (including land,
labor, management, equipment, or capital) to
the dairy operation of the individual or entity
that are at least commensurate with the share
of the individual or entity of the proceeds of
the operation.
(B) Additional ownership structures.--The Secretary
shall determine additional ownership structures to be
covered by the definition of dairy producer.
(8) Handler.--
(A) In general.--The term ``handler'' means the
initial individual or entity making payment to a dairy
producer for milk produced in the United States and
marketed for commercial use.
(B) Producer-handler.--The term includes a
``producer-handler'' when the producer satisfies the
definition in subparagraph (A).
(9) Margin protection program.--The term ``margin protection
program'' means the dairy producer margin protection program
required by subpart A.
(10) Participating dairy producer.--The term ``participating
dairy producer'' means a dairy producer that--
(A) signs up under section 1412 to participate in the
margin protection program under subpart A; and
(B) as a result, also participates in the
stabilization program under subpart B.
(11) Stabilization program.--The term ``stabilization
program'' means the dairy market stabilization program required
by subpart B for all participating dairy producers.
(12) Stabilization program base.--The term ``stabilization
program base'', with respect to a participating dairy producer,
means the stabilization program base calculated for the
producer under section 1431(b).
(13) United states.--The term ``United States'', in a
geographical sense, means the 50 States, the District of
Columbia, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, the
Virgin Islands of the United States, and any other territory or
possession of the United States.
SEC. 1402. CALCULATION OF AVERAGE FEED COST AND ACTUAL DAIRY PRODUCER
MARGINS.
(a) Calculation of Average Feed Cost.--The Secretary shall calculate
the national average feed cost for each month using the following data:
(1) The price of corn for a month shall be the price received
during that month by farmers in the United States for corn, as
reported in the monthly Agricultural Prices report by the
Secretary.
(2) The price of soybean meal for a month shall be the
central Illinois price for soybean meal, as reported in the
Market News-Monthly Soybean Meal Price Report by the Secretary.
(3) The price of alfalfa hay for a month shall be the price
received during that month by farmers in the United States for
alfalfa hay, as reported in the monthly Agricultural Prices
report by the Secretary.
(b) Calculation of Actual Dairy Producer Margins.--
(1) Margin protection program.--For use in the margin
protection program under subpart A, the Secretary shall
calculate the actual dairy producer margin for each consecutive
two-month period by subtracting--
(A) the average feed cost for that consecutive two-
month period, determined in accordance with subsection
(a); from
(B) the all-milk price for that consecutive two-month
period.
(2) Stabilization program.--For use in the stabilization
program under subpart B, the Secretary shall calculate each
month the actual dairy producer margin for the preceding month
by subtracting--
(A) the average feed cost for that preceding month,
determined in accordance with subsection (a); from
(B) the all-milk price for that preceding month.
(3) Time for calculations.--The calculations required by
paragraphs (1) and (2) shall be made as soon as practicable
each month using the full month price of the applicable
reference month, but in no case shall the calculation be made
later than the last business day of the month.
Subpart A--Dairy Producer Margin Protection Program
SEC. 1411. ESTABLISHMENT OF DAIRY PRODUCER MARGIN PROTECTION PROGRAM.
The Secretary shall establish and administer a dairy producer margin
protection program for the purpose of protecting dairy producer income
by paying participating dairy producers--
(1) basic margin protection payments when actual dairy
producer margins are less than the threshold levels for such
payments; and
(2) supplemental margin protection payments if purchased by a
participating dairy producer.
SEC. 1412. PARTICIPATION OF DAIRY PRODUCERS IN MARGIN PROTECTION
PROGRAM.
(a) Eligibility.--All dairy producers in the United States are
eligible to participate in the margin protection program, except that a
dairy producer must sign up with the Secretary before the producer may
receive--
(1) basic margin protection payments under section 1414; and
(2) if the dairy producer purchases supplemental margin
protection under section 1415, supplemental margin protection
payments under such section.
(b) Sign-up Process.--
(1) In general.--The Secretary shall allow all interested
dairy producers to sign up to participate in the margin
protection program. The Secretary shall specify the manner and
form by which a dairy producer must sign up to participate in
the margin protection program.
(2) Treatment of multi-producer operations.--If a dairy
operation consists of more than one dairy producer, all of the
dairy producers of the operation shall be treated as a single
dairy producer for purposes of--
(A) registration to receive basic margin protection
and purchase supplemental margin protection;
(B) payment of the administrative fee under
subsection (e) and producer premiums under section
1415; and
(C) participation in the stabilization program under
subpart B.
(3) Treatment of producers with multiple dairy operations.--
If a dairy producer operates two or more dairy operations, each
dairy operation of the producer shall require a separate
registration to receive basic margin protection and purchase
supplemental margin protection. Only those dairy operations so
registered shall be subject to the stabilization program.
(c) Time for Sign up.--
(1) Existing dairy producers.--During the one-year period
beginning on the date of the initiation of the sign-up period
for the margin protection program, a dairy producer that is
actively engaged in a dairy operation as of such date may sign
up with the Secretary--
(A) to receive basic margin protection; and
(B) if the producer elects, to purchase supplemental
margin protection.
(2) New entrants.--A dairy producer that has no existing
interest in a dairy operation as of the date of the initiation
of the sign-up period for the margin protection program, but
that, after such date, establishes a new dairy operation, may
sign up with the Secretary during the one year period beginning
on the date on which the dairy operation first markets milk
commercially--
(A) to receive basic margin protection; and
(B) if the producer elects, to purchase supplemental
margin protection.
(d) Retroactivity Provision.--
(1) Notice of availability of retroactive protection.--Not
later than 30 days after the effective date of this subtitle,
the Secretary shall publish a notice in the Federal Register to
inform dairy producers of the availability of retroactive basic
margin protection and retroactive supplemental margin
protection, subject to the condition that interested producers
must file a notice of intent (in such form and manner as the
Secretary specifies in the Federal Register notice)--
(A) to participate in the margin protection program
and receive basic margin protection; and
(B) at the election of the producer under paragraph
(3), to also obtain supplemental margin protection.
(2) Retroactive basic margin protection.--
(A) Availability.--If a dairy producer files a notice
of intent under paragraph (1) to participate in the
margin protection program before the initiation of the
sign-up period for the margin protection program and
subsequently signs up for the margin protection
program, the producer shall receive basic margin
protection retroactive to the effective date of this
subtitle.
(B) Duration.--Retroactive basic margin protection
under this paragraph for a dairy producer shall apply
from the effective date of this subtitle until the date
on which the producer signs up for the margin
protection program.
(3) Retroactive supplemental margin protection.--
(A) Availability.--Subject to subparagraphs (B) and
(C), if a dairy producer files a notice of intent under
paragraph (1) to participate in the margin protection
program and obtain supplemental margin protection and
subsequently signs up for the margin protection
program, the producer shall receive supplemental margin
protection, in addition to the basic margin protection
under paragraph (2), retroactive to the effective date
of this subtitle.
(B) Deadline for submission.--A notice of intent to
obtain retroactive supplemental margin protection must
be filed with the Secretary no later than the earlier
of the following:
(i) 150 days after the date on which the
Secretary publishes the notice in the Federal
Register required by paragraph (1).
(ii) The date on which the Secretary
initiates the sign up period for the margin
protection program.
(C) Election of coverage level and percentage of
coverage.--To be sufficient to obtain retroactive
supplemental margin protection, the notice of intent to
participate filed by a dairy producer must specify--
(i) a selected coverage level that is higher,
in any increment of $0.50, than the payment
threshold for basic margin protection specified
in section 1414(b), but not to exceed $6.00;
and
(ii) the percentage of coverage, subject to
limits imposed in section 1415(c).
(D) Duration.--The coverage level and percentage
specified in the notice of intent to participate filed
by a dairy producer shall apply from the effective date
of this subtitle until the later of the following:
(i) October 1, 2013.
(ii) The date on which the Secretary
initiates the sign-up period for the margin
protection program.
(4) Notice of intent and obligation to participate in margin
protection program.--In no way does filing a notice of intent
under this subsection obligate a dairy producer to sign up for
the margin protection program once the program rules are final,
but if a producer does file a notice of intent and subsequently
signs up for the margin protection program, that dairy producer
is obligated to pay fees and premiums for any retroactive basic
margin protection or retroactive supplemental margin protection
selected in the notice of intent.
(e) Administrative Fee.--
(1) Administrative fee required.--A dairy producer shall pay
an administrative fee under this subsection to sign up to
participate in the margin protection program. The participating
dairy producer shall pay the administrative fee annually
thereafter to continue to participate in the margin protection
program.
(2) Fee amount.--The administrative fee for a participating
dairy producer for a calendar year is based on the pounds of
milk (in millions) marketed by the dairy producer in the
previous calendar year, as follows:
------------------------------------------------------------------------
Pounds Marketed (in millions) Admin. Fee
------------------------------------------------------------------------
less than 1 $100
1 to 10 $250
more than 10 to 40 $500
more than 40 $1000
------------------------------------------------------------------------
(3) Deposit of fees.--All administrative fees collected under
this subsection shall be credited to the fund or account used
to cover the costs incurred to administer the margin protection
program and the stabilization program and shall be available to
the Secretary, without further appropriation and until
expended, for use or transfer as provided in paragraph (4).
(4) Use of fees.--The Secretary shall use administrative fees
collected under this subsection--
(A) to cover administrative costs of the margin
protection program and stabilization program; and
(B) to the extent funds remain available after
operation of subparagraphs (A), to cover costs of the
Department of Agriculture relating to reporting of
dairy market news and to carry out section 273 of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1637b).
(f) Reconstitution.--The Secretary shall prohibit a dairy producer
from reconstituting a dairy operation for the sole purpose of the dairy
producer--
(1) receiving basic margin protection;
(2) purchasing supplemental margin protection; or
(3) avoiding participation in the stabilization program.
(g) Priority Consideration.--A dairy operation that participates in
the margin protection program shall be eligible to participate in the
livestock gross margin for dairy program under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) only after operations that are
not participating in the production margin protection program are
enrolled.
SEC. 1413. PRODUCTION HISTORY OF PARTICIPATING DAIRY PRODUCERS.
(a) Production History for Basic Margin Protection.--
(1) Determination required.--For purposes of providing basic
margin protection, the Secretary shall determine the basic
production history of the dairy operation of each participating
dairy producer in the margin protection program.
(2) Calculation.--Except as provided in paragraph (3), the
basic production history of a participating dairy producer for
basic margin protection is equal to the highest annual milk
marketings of the dairy producer during any one of the three
calendar years immediately preceding the calendar year in which
the dairy producer first signed up to participate in the margin
protection program.
(3) Election by new producers.--If a participating dairy
producer has been in operation for less than a year, the dairy
producer shall elect one of the following methods for the
Secretary to determine the basic production history of the
dairy producer:
(A) The volume of the actual milk marketings for the
months the dairy producer has been in operation
extrapolated to a yearly amount.
(B) An estimate of the actual milk marketings of the
dairy producer based on the herd size of the producer
relative to the national rolling herd average data
published by the Secretary.
(4) No change in production history for basic margin
protection.--Once the basic production history of a
participating dairy producer is determined under paragraph (2)
or (3), the basic production history shall not be subsequently
changed for purposes of determining the amount of any basic
margin protection payments for the dairy producer made under
section 1414.
(b) Annual Production History for Supplemental Margin Protection.--
(1) Determination required.--For purposes of providing
supplemental margin protection for a participating dairy
producer that purchases supplemental margin protection for a
year under section 1415, the Secretary shall determine the
annual production history of the dairy operation of the dairy
producer under paragraph (2).
(2) Calculation.--The annual production history of a
participating dairy producer for a year is equal to the actual
milk marketings of the dairy producer during the preceding
calendar year.
(3) New producers.--Subsection (a)(3) shall apply with
respect to determining the annual production history of a
participating dairy producer that has been in operation for
less than a year.
(c) Required Information.--A participating dairy producer shall
provide all information that the Secretary may require in order to
establish--
(1) the basic production history of the dairy operation of
the dairy producer under subsection (a); and
(2) the production history of the dairy operation of the
dairy producer whenever the producer purchases supplemental
margin protection under section 1415.
(d) Transfer of Production Histories.--
(1) Transfer by sale or lease.--In promulgating the rules to
initiate the margin protection program, the Secretary shall
specify the conditions under which and the manner by which the
production history of a dairy operation may be transferred by
sale or lease.
(2) Coverage level.--
(A) Basic margin protection.--A purchaser or lessee
to whom the Secretary transfers a basic production
history under this subsection shall not obtain a
different level of basic margin protection than the
basic margin protection coverage held by the seller or
lessor from whom the transfer was obtained.
(B) Supplemental margin protection.--A purchaser or
lessee to whom the Secretary transfers an annual
production history under this subsection shall not
obtain a different level of supplemental margin
protection coverage than the supplemental margin
protection coverage in effect for the seller or lessor
from whom the transfer was obtained for the calendar
year in which the transfer was made.
(e) Movement and Transfer of Production History.--
(1) Movement and transfer authorized.--Subject to paragraph
(2), if a dairy producer moves from one location to another
location, the dairy producer may maintain the basic production
history and annual production history associated with the
operation.
(2) Notification requirement.--A dairy producer shall notify
the Secretary of any move of a dairy operation under paragraph
(1).
(3) Subsequent occupation of vacated location.--A party
subsequently occupying a dairy operation location vacated as
described in paragraph (1) shall have no interest in the basic
production history or annual production history previously
associated with the operation at such location.
SEC. 1414. BASIC MARGIN PROTECTION.
(a) Eligibility.--All participating dairy producers are eligible to
receive basic margin protection under the margin protection program.
(b) Payment Threshold.--Participating dairy producers shall receive a
basic margin protection payment whenever the average actual dairy
producer margin for a consecutive two-month period is less than $4.00
per hundredweight of milk.
(c) Basic Margin Protection Payment.--
(1) Payment required.--The Secretary shall make a basic
margin protection payment to each participating dairy producer
whenever such a payment is required by subsection (b).
(2) Amount of payment.--The basic margin protection payment
for the dairy operation of a participating dairy producer for a
consecutive two-month period shall be determined as follows:
(A) The Secretary shall calculate the difference
between the average actual dairy producer margin for
the consecutive two-month period and $4.00, except
that, if the difference is more than $4.00, the
Secretary shall use $4.00.
(B) The Secretary shall multiply the amount under
subparagraph (A) by the lesser of the following:
(i) 80 percent of the production history of
the dairy producer, divided by six.
(ii) The actual amount of milk marketed by
the dairy operation of the dairy producer
during the consecutive two-month period.
SEC. 1415. SUPPLEMENTAL MARGIN PROTECTION.
(a) Election of Supplemental Margin Protection.--Supplemental margin
protection is available only on an annual basis. A participating dairy
producer may annually purchase supplemental margin protection to
protect, during the calendar year for which purchased, a higher level
of the income of a participating dairy producer than the income level
guaranteed by basic margin protection under section 1414.
(b) Selection of Payment Threshold.--A participating dairy producer
purchasing supplemental margin protection for a year shall elect a
coverage level that is higher, in any increment of $0.50, than the
payment threshold for basic margin protection specified in section
1414(b), but not to exceed $8.00.
(c) Selection of Coverage Percentage.--A participating dairy producer
purchasing supplemental margin protection for a year shall elect a
percentage of coverage equal to not more than 90 percent, nor less than
25 percent, of the annual production history of the dairy operation of
the participating dairy producer.
(d) Producer Premiums for Supplemental Margin Protection.--
(1) Premiums required.--A participating dairy producer that
purchases supplemental margin protection shall pay an annual
premium equal to the product obtained by multiplying--
(A) the percentage selected by the dairy producer
under subsection (c);
(B) the annual production history of the dairy
producer; and
(C) the premium per hundredweight of milk, as
specified in the applicable table under paragraph (2)
or (3).
(2) Premium per hundredweight for first 4 million pounds of
production.--For the first 4,000,000 pounds of milk marketings
included in the annual production history of a participating
dairy producer, the premium per hundredweight corresponding to
each coverage level specified in the following table is as
follows:
------------------------------------------------------------------------
Coverage Level Premium per Cwt.
------------------------------------------------------------------------
$4.50 $0.01
$5.00 $0.025
$5.50 $0.04
$6.00 $0.065
$6.50 $0.09
$7.00 $0.434
$7.50 $0.590
$8.00 $0.922
------------------------------------------------------------------------
(3) Premium per hundredweight for production in excess of 4
million pounds.--For milk marketings in excess of 4,000,000
pounds included in the annual production history of a
participating dairy producer, the premium per hundredweight
corresponding to each coverage level is as follows:
------------------------------------------------------------------------
Coverage Level Premium per Cwt.
------------------------------------------------------------------------
$4.50 $0.015
$5.00 $0.036
$5.50 $0.081
$6.00 $0.155
$6.50 $0.230
$7.00 $0.434
$7.50 $0.590
$8.00 $0.922
------------------------------------------------------------------------
(4) Time for payment.--In promulgating the rules to initiate
the margin protection program, the Secretary shall provide more
than one method by which a participating dairy producer that
purchases supplemental margin protection for a calendar year
may pay the premium under this subsection for that year that
maximizes producer payment flexibility and program integrity.
(e) Producer's Premium Obligations.--
(1) Pro-ration of premium for new producers.--A dairy
producer described in section 1412(c)(2) that purchases
supplemental margin protection for a calendar year after the
start of the calendar year shall pay a pro-rated premium for
that calendar year based on the portion of the calendar year
for which the producer purchases the coverage.
(2) Legal obligation.--A participating dairy producer that
purchases supplemental margin protection for a calendar year
shall be legally obligated to pay the applicable premium for
that calendar year, except that, if the dairy producer retires,
the producer may request that Secretary cancel the supplemental
margin protection if the producer has terminated the dairy
operation entirely and certifies under oath that the producer
will not be actively engaged in any dairy operation for at
least the next seven years.
(f) Supplemental Payment Threshold.--A participating dairy producer
with supplemental margin protection shall receive a supplemental margin
protection payment whenever the average actual dairy producer margin
for a consecutive two-month period is less than the coverage level
threshold selected by the dairy producer under subsection (b).
(g) Supplemental Margin Protection Payments.--
(1) In general.--The supplemental margin protection payment
for a participating dairy producer is in addition to the basic
margin protection payment.
(2) Amount of payment.--The supplemental margin protection
payment for the dairy operation of a participating dairy
producer shall be determined as follows:
(A) The Secretary shall calculate the difference
between the coverage level threshold selected by the
dairy producer under subsection (b) and the greater
of--
(i) the average actual dairy producer margin
for the consecutive two-month period; or
(ii) $4.00.
(B) The amount determined under subparagraph (A)
shall be multiplied by the percentage selected by the
participating dairy producer under subsection (c) and
by the lesser of the following:
(i) The annual production history of the
dairy operation of the dairy producer, divided
by six.
(ii) The actual amount of milk marketed by
the dairy operation of the dairy producer
during the consecutive two-month period.
SEC. 1416. EFFECT OF FAILURE TO PAY ADMINISTRATIVE FEES OR PREMIUMS.
(a) Loss of Benefits.--A participating dairy producer that fails to
pay the required administrative fee under section 1412 or is in arrears
on premium payments for supplemental margin protection under section
1415--
(1) remains legally obligated to pay the administrative fee
or premiums, as the case may be; and
(2) may not receive basic margin protection payments or
supplemental margin protection payments until the fees or
premiums are fully paid.
(b) Enforcement.--The Secretary may take such action as necessary to
collect administrative fees and premium payments for supplemental
margin protection.
Subpart B--Dairy Market Stabilization Program
SEC. 1431. ESTABLISHMENT OF DAIRY MARKET STABILIZATION PROGRAM.
(a) Program Required; Purpose.--The Secretary shall establish and
administer a dairy market stabilization program applicable to
participating dairy producers for the purpose of assisting in balancing
the supply of milk with demand when dairy producers are experiencing
low or negative operating margins.
(b) Election of Stabilization Program Base Calculation Method.--
(1) Election.--When a dairy producer signs up under section
1412 to participate in the margin protection program, the dairy
producer shall inform the Secretary of the method by which the
stabilization program base for the dairy producer for fiscal
year 2013 will be calculated under paragraph (3).
(2) Change in calculation method.--A participating dairy
producer may change the stabilization program base calculation
method to be used for a calendar year by notifying the
Secretary of the change not later than a date determined by the
Secretary.
(3) Calculation methods.--A participating dairy producer may
elect either of the following methods for calculation of the
stabilization program base for the producer:
(A) The volume of the average monthly milk marketings
of the dairy producer for the three months immediately
preceding the announcement by the Secretary that the
stabilization program will become effective.
(B) The volume of the monthly milk marketings of the
dairy producer for the same month in the preceding year
as the month for which the Secretary has announced the
stabilization program will become effective.
SEC. 1432. THRESHOLD FOR IMPLEMENTATION AND REDUCTION IN DAIRY PRODUCER
PAYMENTS.
(a) When Stabilization Program Required.--Except as provided in
subsection (b), the Secretary shall announce that the stabilization
program is in effect and order reduced payments for any participating
dairy producer that exceeds the applicable percentage of the producer's
stabilization program base whenever--
(1) the actual dairy producer margin has been $6.00 or less
per hundredweight of milk for each of the immediately preceding
two months; or
(2) the actual dairy producer margin has been $4.00 or less
per hundredweight of milk for the immediately preceding month.
(b) Exception.--The Secretary shall not make the announcement under
subsection (a) to implement the stabilization program or order reduced
payments if any of the conditions described in section 1436(b) have
been met during the two months immediately preceding the month in which
the announcement under subsection (a) would otherwise be made by the
Secretary in the absence of this exception.
(c) Effective Date for Implementation of Payment Reductions.--
Reductions in dairy producer payments shall commence beginning on the
first day of the month immediately following the date of the
announcement by the Secretary under subsection (a).
SEC. 1433. PRODUCER MILK MARKETING INFORMATION.
(a) Collection of Milk Marketing Data.--The Secretary shall
establish, by regulation, a process to collect from participating dairy
producers and handlers such information that the Secretary considers
necessary for each month during which the stabilization program is in
effect.
(b) Reduce Regulatory Burden.--When implementing the process under
subsection (a), the Secretary shall minimize the regulatory burden on
dairy producers and handlers.
SEC. 1434. CALCULATION AND COLLECTION OF REDUCED DAIRY PRODUCER
PAYMENTS.
(a) Reduced Producer Payments Required.--During any month in which
payment reductions are in effect under the stabilization program, each
handler shall reduce payments to each participating dairy producer from
whom the handler receives milk.
(b) Reductions Based on Actual Dairy Producer Margin.--
(1) Reduction requirement 1.--Unless the reduction required
by paragraph (2) or (3) applies, when the actual dairy producer
margin has been $6.00 or less per hundredweight of milk for two
consecutive months, the handler shall make payments to a
participating dairy producer for a month based on the greater
of the following:
(A) 98 percent of the stabilization program base of
the dairy producer.
(B) 94 percent of the marketings of milk for the
month by the producer.
(2) Reduction requirement 2.--Unless the reduction required
by paragraph (3) applies, when the actual dairy producer margin
has been $5.00 or less per hundredweight of milk for two
consecutive months, the handler shall make payments to a
participating dairy producer for a month based on the greater
of the following:
(A) 97 percent of the stabilization program base of
the dairy producer.
(B) 93 percent of the marketings of milk for the
month by the producer.
(3) Reduction requirement 3.--When the actual dairy producer
margin has been $4.00 or less for any one month, the handler
shall make payments to a participating dairy producer for a
month based on the greater of the following:
(A) 96 percent of the stabilization program base of
the dairy producer.
(B) 92 percent of the marketings of milk for the
month by the producer.
(c) Continuation of Reductions.--The largest level of payment
reduction required under paragraph (1), (2), or (3) of subsection (b)
shall be continued for each month until the Secretary suspends the
stabilization program and terminates payment reductions in accordance
with section 1436.
(d) Payment Reduction Exception.--Notwithstanding any preceding
subsection of this section, a handler shall make no payment reductions
for a dairy producer for a month if the producer's milk marketings for
the month are equal to or less than the percentage of the stabilization
program base applicable to the producer under paragraph (1), (2), or
(3) of subsection (b).
SEC. 1435. REMITTING MONIES TO THE SECRETARY AND USE OF MONIES.
(a) Remitting Monies.--As soon as practicable after the end of each
month during which payment reductions are in effect under the
stabilization program, each handler shall remit to the Secretary an
amount equal to the amount by which payments to participating dairy
producers are reduced by the handler under section 1434.
(b) Deposit of Monies.--All monies received under subsection (a)
shall be available to the Secretary, without further appropriation and
until expended, for use or transfer as provided in subsection (c).
(c) Use of Monies.--
(1) Availability for certain commodity donations.--Within
three months of the receipt of monies under subsection (a), the
Secretary shall obligate the monies for the purpose of--
(A) purchasing dairy products for donation to food
banks and other programs that the Secretary determines
appropriate; and
(B) expanding consumption and building demand for
dairy products.
(2) No duplication of effort.--The Secretary shall ensure
that expenditures under paragraph (1) are compatible with, and
do not duplicate, programs supported by the dairy research and
promotion activities conducted under the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4501 et seq.).
(3) Accounting.--The Secretary shall keep an accurate account
of all monies obligated under paragraph (1).
(d) Annual Report.--Not later than December 31 of each year that the
stabilization program is in effect, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report that provides an accurate accounting of--
(1) the monies received by the Secretary during the preceding
fiscal year under subsection (a); and
(2) all expenditures made by the Secretary under subsection
(b) during the preceding fiscal year.
(e) Enforcement.--If a participating dairy producer or handler fails
to remit or collect the amounts by which payments to participating
dairy producers are reduced under section 1434, the producer or handler
responsible for the failure shall be liable to the Secretary for the
amount that should have been remitted or collected, plus interest. In
addition to the enforcement authorities available under section 1437,
the Secretary may enforce this subsection in the courts of the United
States.
SEC. 1436. SUSPENSION OF REDUCED PAYMENT REQUIREMENT.
(a) Determination of Prices.--For purposes of this section:
(1) The price in the United States for cheddar cheese and
nonfat dry milk shall be determined by the Secretary.
(2) The world price of cheddar cheese and skim milk powder
shall be determined by the Secretary.
(b) Initial Suspension Thresholds.--The Secretary shall announce that
the stabilization program shall be suspended whenever the Secretary
determines that--
(1) the actual dairy producer margin is greater than $6.00
per hundredweight of milk for two consecutive months;
(2) the dairy producer margin is equal to or less than $6.00
(but greater than $5.00) for two consecutive months, and during
the same two consecutive months--
(A) the price in the United States for cheddar cheese
is equal to or greater than the world price of cheddar
cheese; or
(B) the price in the United States for nonfat dry
milk is equal to or greater than the world price of
skim milk powder;
(3) the dairy producer margin is equal to or less than $5.00
(but greater than $4.00) for two consecutive months, and during
the same two consecutive months--
(A) the price in the United States for cheddar cheese
is more than 5 percent above the world price of cheddar
cheese; or
(B) the price in the United States for nonfat dry
milk is more than 5 percent above the world price of
skim milk powder; or
(4) the dairy producer margin is equal to or less than $4.00
for two consecutive months, and during the same two consecutive
months--
(A) the price in the United States for cheddar cheese
is more than 7 percent above the world price of cheddar
cheese; or
(B) the price in the United States for nonfat dry
milk is more than 7 percent above the world price of
skim milk powder.
(c) Enhanced Suspension Thresholds.--If the stabilization program is
not suspended pursuant to subsection (b) for six consecutive months or
more, the stabilization program shall be suspended whenever the
Secretary determines that--
(1) the actual dairy producer margin is greater than $6.00
per hundredweight of milk for two consecutive months;
(2) the dairy producer margin is equal to or less than $6.00
(but greater than $5.00) for two consecutive months, and during
the same two consecutive months--
(A) the price in the United States for cheddar cheese
is not less than 97 percent of the world price of
cheddar cheese; or
(B) the price in the United States for non-fat dry
milk is not less than 97 percent of the world price of
skim milk powder;
(3) the dairy producer margin is equal to or less than $5.00
(but greater than $4.00) for two consecutive months, and during
the same two consecutive months--
(A) the price in the United States for cheddar cheese
is more than 3 percent above the world price of cheddar
cheese; or
(B) the price in the United States for non fat dry
milk is more than 3 percent above the world price of
skim milk powder; or
(4) the dairy producer margin is equal to or less than $4.00
for two consecutive months, and during the same two consecutive
months--
(A) the price in the United States for cheddar cheese
is more than 6 percent above the world price of cheddar
cheese; or
(B) the price in the United States for non fat dry
milk is more than 6 percent above the world price of
skim milk powder.
(d) Implementation by Handlers.--Effective on the day after the date
of the announcement by the Secretary under subsection (b) or (c) of the
suspension of the stabilization program, the handler shall cease
reducing payments to participating dairy producers under the
stabilization program.
(e) Condition on Resumption of Stabilization Program.--Upon the
announcement by the Secretary under subsection (b) or (c) that the
stabilization program has been suspended, the stabilization program may
not be implemented again until, at the earliest--
(1) two months have passed, beginning on the first day of the
month immediately following the announcement by the Secretary;
and
(2) the conditions of section 1432(a) are again met.
SEC. 1437. ENFORCEMENT.
(a) Unlawful Act.--It shall be unlawful and a violation of the this
subpart for any person subject to the stabilization program to
willfully fail or refuse to provide, or delay the timely reporting of,
accurate information and remittance of funds to the Secretary in
accordance with this subpart.
(b) Order.--After providing notice and opportunity for a hearing to
an affected person, the Secretary may issue an order against any person
to cease and desist from continuing any violation of this subpart.
(c) Appeal.--An order of the Secretary under subsection (b) shall be
final and conclusive unless an affected person files an appeal of the
order of the Secretary in United States district court not later than
30 days after the date of the issuance of the order. A finding of the
Secretary in the order shall be set aside only if the finding is not
supported by substantial evidence.
(d) Noncompliance With Order.--If a person subject to this subpart
fails to obey an order issued under subsection (b) after the order has
become final and unappealable, or after the appropriate United States
district court has entered a final judgment in favor of the Secretary,
the United States may apply to the appropriate United States district
court for enforcement of the order. If the court determines that the
order was lawfully made and duly served and that the person violated
the order, the court shall enforce the order.
SEC. 1438. AUDIT REQUIREMENTS.
(a) Audits of Producer and Handler Compliance.--
(1) Audits authorized.--If determined by the Secretary to be
necessary to ensure compliance by participating dairy producers
and handlers with the stabilization program, the Secretary may
conduct periodic audits of participating dairy producers and
handlers.
(2) Sample of dairy producers.--Any audit conducted under
this subsection shall include, at a minimum, investigation of a
statistically valid and random sample of participating dairy
producers.
(b) Submission of Results.--The Secretary shall submit the results of
any audit conducted under subsection (a) to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate and include such
recommendations as the Secretary considers appropriate regarding the
stabilization program.
Subpart C--Commodity Credit Corporation
SEC. 1451. USE OF COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and the authorities of
the Commodity Credit Corporation to carry out this part.
Subpart D--Initiation and Duration
SEC. 1461. RULEMAKING.
(a) Procedure.--The promulgation of regulations for the initiation of
the margin protection program and the stabilization program, and for
administration of such programs, shall be made without regard to--
(1) chapter 35 of title 44, United States Code (commonly
known as the Paperwork Reduction Act);
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) the notice and comment provisions of section 553 of title
5, United States Code.
(b) Congressional Review of Agency Rulemaking.--In carrying out
subsection (a), the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 1462. DURATION.
The margin protection program and the stabilization program shall end
on December 31, 2017.
PART II--REPEAL OR REAUTHORIZATION OF OTHER DAIRY-RELATED PROVISIONS
SEC. 1481. REPEAL OF DAIRY PRODUCT PRICE SUPPORT AND MILK INCOME LOSS
CONTRACT PROGRAMS.
(a) Repeal of Dairy Product Price Support Program.--Section 1501 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8771) is
repealed.
(b) Repeal of Milk Income Loss Contract Program.--Section 1506 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8773) is repealed.
SEC. 1482. REPEAL OF DAIRY EXPORT INCENTIVE PROGRAM.
(a) Repeal.--Section 153 of the Food Security Act of 1985 (15 U.S.C.
713a-14) is repealed.
(b) Conforming Amendments.--Section 902(2) of the Trade Sanctions
Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201(2)) is
amended--
(1) by striking subparagraph (D); and
(2) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively.
SEC. 1483. EXTENSION OF DAIRY FORWARD PRICING PROGRAM.
Section 1502(e) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8772(e)) is amended--
(1) in paragraph (1), by striking ``2012'' and inserting
``2017''; and
(2) in paragraph (2), by striking ``2015'' and inserting
``2020''.
SEC. 1484. EXTENSION OF DAIRY INDEMNITY PROGRAM.
Section 3 of Public Law 90-484 (7 U.S.C. 450l) is amended by striking
``2012'' and inserting ``2017''.
SEC. 1485. EXTENSION OF DAIRY PROMOTION AND RESEARCH PROGRAM.
Section 113(e)(2) of the Dairy Production Stabilization Act of 1983
(7 U.S.C. 4504(e)(2)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 1486. REPEAL OF FEDERAL MILK MARKETING ORDER REVIEW COMMISSION.
Section 1509 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1726) is repealed.
PART III--EFFECTIVE DATE
SEC. 1491. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect on October 1, 2012.
Subtitle E--Supplemental Agricultural Disaster Assistance Programs
SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
(a) Definitions.--In this section:
(1) Eligible producer on a farm.--
(A) In general.--The term ``eligible producer on a
farm'' means an individual or entity described in
subparagraph (B) that, as determined by the Secretary,
assumes the production and market risks associated with
the agricultural production of crops or livestock.
(B) Description.--An individual or entity referred to
in subparagraph (A) is--
(i) a citizen of the United States;
(ii) a resident alien;
(iii) a partnership of citizens of the United
States; or
(iv) a corporation, limited liability
corporation, or other farm organizational
structure organized under State law.
(2) Farm-raised fish.--The term ``farm-raised fish'' means
any aquatic species that is propagated and reared in a
controlled environment.
(3) Livestock.--The term ``livestock'' includes--
(A) cattle (including dairy cattle);
(B) bison;
(C) poultry;
(D) sheep;
(E) swine;
(F) horses; and
(G) other livestock, as determined by the Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(b) Livestock Indemnity Payments.--
(1) Payments.--For each of the fiscal years 2012 through
2017, the Secretary shall use such sums as are necessary of the
funds of the Commodity Credit Corporation to make livestock
indemnity payments to eligible producers on farms that have
incurred livestock death losses in excess of the normal
mortality, as determined by the Secretary, due to--
(A) attacks by animals reintroduced into the wild by
the Federal Government or protected by Federal law,
including wolves and avian predators; or
(B) adverse weather, as determined by the Secretary,
during the calendar year, including losses due to
hurricanes, floods, blizzards, disease, wildfires,
extreme heat, and extreme cold.
(2) Payment rates.--Indemnity payments to an eligible
producer on a farm under paragraph (1) shall be made at a rate
of 75 percent of the market value of the applicable livestock
on the day before the date of death of the livestock, as
determined by the Secretary.
(3) Special rule for payments made due to disease.--The
Secretary shall ensure that payments made to an eligible
producer under paragraph (1) are not made for the same
livestock losses for which compensation is provided pursuant to
section 10407(d) of the Animal Health Protection Act (7 U.S.C.
8306(d)).
(c) Livestock Forage Disaster Program.--
(1) Definitions.--In this subsection:
(A) Covered livestock.--
(i) In general.--Except as provided in clause
(ii), the term ``covered livestock'' means
livestock of an eligible livestock producer
that, during the 60 days prior to the beginning
date of a qualifying drought or fire condition,
as determined by the Secretary, the eligible
livestock producer--
(I) owned;
(II) leased;
(III) purchased;
(IV) entered into a contract to
purchase;
(V) is a contract grower; or
(VI) sold or otherwise disposed of
due to qualifying drought conditions
during--
(aa) the current production
year; or
(bb) subject to paragraph
(3)(B)(ii), 1 or both of the 2
production years immediately
preceding the current
production year.
(ii) Exclusion.--The term ``covered
livestock'' does not include livestock that
were or would have been in a feedlot, on the
beginning date of the qualifying drought or
fire condition, as a part of the normal
business operation of the eligible livestock
producer, as determined by the Secretary.
(B) Drought monitor.--The term ``drought monitor''
means a system for classifying drought severity
according to a range of abnormally dry to exceptional
drought, as defined by the Secretary.
(C) Eligible livestock producer.--
(i) In general.--The term ``eligible
livestock producer'' means an eligible producer
on a farm that--
(I) is an owner, cash or share
lessee, or contract grower of covered
livestock that provides the pastureland
or grazing land, including cash-leased
pastureland or grazing land, for the
livestock;
(II) provides the pastureland or
grazing land for covered livestock,
including cash-leased pastureland or
grazing land that is physically located
in a county affected by drought;
(III) certifies grazing loss; and
(IV) meets all other eligibility
requirements established under this
subsection.
(ii) Exclusion.--The term ``eligible
livestock producer'' does not include an owner,
cash or share lessee, or contract grower of
livestock that rents or leases pastureland or
grazing land owned by another person on a rate-
of-gain basis.
(D) Normal carrying capacity.--The term ``normal
carrying capacity'', with respect to each type of
grazing land or pastureland in a county, means the
normal carrying capacity, as determined under paragraph
(3)(D)(i), that would be expected from the grazing land
or pastureland for livestock during the normal grazing
period, in the absence of a drought or fire that
diminishes the production of the grazing land or
pastureland.
(E) Normal grazing period.--The term ``normal grazing
period'', with respect to a county, means the normal
grazing period during the calendar year for the county,
as determined under paragraph (3)(D)(i).
(2) Program.--For each of the fiscal years 2012 through 2017,
the Secretary shall use such sums as are necessary of the funds
of the Commodity Credit Corporation to provide compensation for
losses to eligible livestock producers due to grazing losses
for covered livestock due to--
(A) a drought condition, as described in paragraph
(3); or
(B) fire, as described in paragraph (4).
(3) Assistance for losses due to drought conditions.--
(A) Eligible losses.--
(i) In general.--An eligible livestock
producer may receive assistance under this
subsection only for grazing losses for covered
livestock that occur on land that--
(I) is native or improved pastureland
with permanent vegetative cover; or
(II) is planted to a crop planted
specifically for the purpose of
providing grazing for covered
livestock.
(ii) Exclusions.--An eligible livestock
producer may not receive assistance under this
subsection for grazing losses that occur on
land used for haying or grazing under the
conservation reserve program established under
subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16
U.S.C. 3831 et seq.).
(B) Monthly payment rate.--
(i) In general.--Except as provided in clause
(ii), the payment rate for assistance under
this paragraph for 1 month shall, in the case
of drought, be equal to 60 percent of the
lesser of--
(I) the monthly feed cost for all
covered livestock owned or leased by
the eligible livestock producer, as
determined under subparagraph (C); or
(II) the monthly feed cost calculated
by using the normal carrying capacity
of the eligible grazing land of the
eligible livestock producer.
(ii) Partial compensation.--In the case of an
eligible livestock producer that sold or
otherwise disposed of covered livestock due to
drought conditions in 1 or both of the 2
production years immediately preceding the
current production year, as determined by the
Secretary, the payment rate shall be 80 percent
of the payment rate otherwise calculated in
accordance with clause (i).
(C) Monthly feed cost.--
(i) In general.--The monthly feed cost shall
equal the product obtained by multiplying--
(I) 30 days;
(II) a payment quantity that is equal
to the feed grain equivalent, as
determined under clause (ii); and
(III) a payment rate that is equal to
the corn price per pound, as determined
under clause (iii).
(ii) Feed grain equivalent.--For purposes of
clause (i)(II), the feed grain equivalent shall
equal--
(I) in the case of an adult beef cow,
15.7 pounds of corn per day; or
(II) in the case of any other type of
weight of livestock, an amount
determined by the Secretary that
represents the average number of pounds
of corn per day necessary to feed the
livestock.
(iii) Corn price per pound.--For purposes of
clause (i)(III), the corn price per pound shall
equal the quotient obtained by dividing--
(I) the higher of--
(aa) the national average
corn price per bushel for the
12-month period immediately
preceding March 1 of the year
for which the disaster
assistance is calculated; or
(bb) the national average
corn price per bushel for the
24-month period immediately
preceding that March 1; by
(II) 56.
(D) Normal grazing period and drought monitor
intensity.--
(i) Fsa county committee determinations.--
(I) In general.--The Secretary shall
determine the normal carrying capacity
and normal grazing period for each type
of grazing land or pastureland in the
county served by the applicable
committee.
(II) Changes.--No change to the
normal carrying capacity or normal
grazing period established for a county
under subclause (I) shall be made
unless the change is requested by the
appropriate State and county Farm
Service Agency committees.
(ii) Drought intensity.--
(I) D2.--An eligible livestock
producer that owns or leases grazing
land or pastureland that is physically
located in a county that is rated by
the U.S. Drought Monitor as having a D2
(severe drought) intensity in any area
of the county for at least 8
consecutive weeks during the normal
grazing period for the county, as
determined by the Secretary, shall be
eligible to receive assistance under
this paragraph in an amount equal to 1
monthly payment using the monthly
payment rate determined under
subparagraph (B).
(II) D3.--An eligible livestock
producer that owns or leases grazing
land or pastureland that is physically
located in a county that is rated by
the U.S. Drought Monitor as having at
least a D3 (extreme drought) intensity
in any area of the county at any time
during the normal grazing period for
the county, as determined by the
Secretary, shall be eligible to receive
assistance under this paragraph--
(aa) in an amount equal to 2
monthly payments using the
monthly payment rate determined
under subparagraph (B); or
(bb) if the county is rated
as having a D3 (extreme
drought) intensity in any area
of the county for at least 4
weeks during the normal grazing
period for the county, or is
rated as having a D4
(exceptional drought) intensity
in any area of the county at
any time during the normal
grazing period, in an amount
equal to 3 monthly payments
using the monthly payment rate
determined under subparagraph
(B).
(4) Assistance for losses due to fire on public managed
land.--
(A) In general.--An eligible livestock producer may
receive assistance under this paragraph only if--
(i) the grazing losses occur on rangeland
that is managed by a Federal agency; and
(ii) the eligible livestock producer is
prohibited by the Federal agency from grazing
the normal permitted livestock on the managed
rangeland due to a fire.
(B) Payment rate.--The payment rate for assistance
under this paragraph shall be equal to 50 percent of
the monthly feed cost for the total number of livestock
covered by the Federal lease of the eligible livestock
producer, as determined under paragraph (3)(C).
(C) Payment duration.--
(i) In general.--Subject to clause (ii), an
eligible livestock producer shall be eligible
to receive assistance under this paragraph for
the period--
(I) beginning on the date on which
the Federal agency excludes the
eligible livestock producer from using
the managed rangeland for grazing; and
(II) ending on the last day of the
Federal lease of the eligible livestock
producer.
(ii) Limitation.--An eligible livestock
producer may only receive assistance under this
paragraph for losses that occur on not more
than 180 days per year.
(5) No duplicative payments.--An eligible livestock producer
may elect to receive assistance for grazing or pasture feed
losses due to drought conditions under paragraph (3) or fire
under paragraph (4), but not both for the same loss, as
determined by the Secretary.
(d) Emergency Assistance for Livestock, Honey Bees, and Farm-raised
Fish.--
(1) In general.--For each of the fiscal years 2012 through
2017, the Secretary shall use not more than $20,000,000 of the
funds of the Commodity Credit Corporation to provide emergency
relief to eligible producers of livestock, honey bees, and
farm-raised fish to aid in the reduction of losses due to
disease (including cattle tick fever), adverse weather, or
other conditions, such as blizzards and wildfires, as
determined by the Secretary, that are not covered under
subsection (b) or (c).
(2) Use of funds.--Funds made available under this subsection
shall be used to reduce losses caused by feed or water
shortages, disease, or other factors as determined by the
Secretary.
(3) Availability of funds.--Any funds made available under
this subsection shall remain available until expended.
(e) Tree Assistance Program.--
(1) Definitions.--In this subsection:
(A) Eligible orchardist.--The term ``eligible
orchardist'' means a person that produces annual crops
from trees for commercial purposes.
(B) Natural disaster.--The term ``natural disaster''
means plant disease, insect infestation, drought, fire,
freeze, flood, earthquake, lightning, or other
occurrence, as determined by the Secretary.
(C) Nursery tree grower.--The term ``nursery tree
grower'' means a person who produces nursery,
ornamental, fruit, nut, or Christmas trees for
commercial sale, as determined by the Secretary.
(D) Tree.--The term ``tree'' includes a tree, bush,
and vine.
(2) Eligibility.--
(A) Loss.--Subject to subparagraph (B), for each of
the fiscal years 2012 through 2017, the Secretary shall
use such sums as are necessary of the funds of the
Commodity Credit Corporation to provide assistance--
(i) under paragraph (3) to eligible
orchardists and nursery tree growers that
planted trees for commercial purposes but lost
the trees as a result of a natural disaster, as
determined by the Secretary; and
(ii) under paragraph (3)(B) to eligible
orchardists and nursery tree growers that have
a production history for commercial purposes on
planted or existing trees but lost the trees as
a result of a natural disaster, as determined
by the Secretary.
(B) Limitation.--An eligible orchardist or nursery
tree grower shall qualify for assistance under
subparagraph (A) only if the tree mortality of the
eligible orchardist or nursery tree grower, as a result
of damaging weather or related condition, exceeds 15
percent (adjusted for normal mortality).
(3) Assistance.--Subject to paragraph (4), the assistance
provided by the Secretary to eligible orchardists and nursery
tree growers for losses described in paragraph (2) shall
consist of--
(A)(i) reimbursement of 65 percent of the cost of
replanting trees lost due to a natural disaster, as
determined by the Secretary, in excess of 15 percent
mortality (adjusted for normal mortality); or
(ii) at the option of the Secretary, sufficient
seedlings to reestablish a stand; and
(B) reimbursement of 50 percent of the cost of
pruning, removal, and other costs incurred by an
eligible orchardist or nursery tree grower to salvage
existing trees or, in the case of tree mortality, to
prepare the land to replant trees as a result of damage
or tree mortality due to a natural disaster, as
determined by the Secretary, in excess of 15 percent
damage or mortality (adjusted for normal tree damage
and mortality).
(4) Limitations on assistance.--
(A) Definitions of legal entity and person.--In this
paragraph, the terms ``legal entity'' and ``person''
have the meaning given those terms in section 1001(a)
of the Food Security Act of 1985 (7 U.S.C. 1308(a)).
(B) Amount.--The total amount of payments received,
directly or indirectly, by a person or legal entity
(excluding a joint venture or general partnership)
under this subsection may not exceed $125,000 for any
crop year, or an equivalent value in tree seedlings.
(C) Acres.--The total quantity of acres planted to
trees or tree seedlings for which a person or legal
entity shall be entitled to receive payments under this
subsection may not exceed 500 acres.
(f) Payment Limitations.--
(1) Definitions of legal entity and person.--In this
subsection, the terms ``legal entity'' and ``person'' have the
meaning given those terms in section 1001(a) of the Food
Security Act of 1985 (7 U.S.C. 1308(a).
(2) Amount.--The total amount of disaster assistance payments
received, directly or indirectly, by a person or legal entity
(excluding a joint venture or general partnership) under this
section (excluding payments received under subsection (e)) may
not exceed $125,000 for any crop year.
(3) Direct attribution.--Subsections (e) and (f) of section
1001 of the Food Security Act of 1985 (7 U.S.C. 1308) or any
successor provisions relating to direct attribution shall apply
with respect to assistance provided under this section.
Subtitle F--Administration
SEC. 1601. ADMINISTRATION GENERALLY.
(a) Use of Commodity Credit Corporation.--The Secretary of
Agriculture shall use the funds, facilities, and authorities of the
Commodity Credit Corporation to carry out this title.
(b) Determinations by Secretary.--A determination made by the
Secretary under this title shall be final and conclusive.
(c) Regulations.--
(1) In general.--Except as otherwise provided in this
subsection, not later than 90 days after the date of enactment
of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations
as are necessary to implement this title and the amendments
made by this title.
(2) Procedure.--The promulgation of the regulations and
administration of this title and the amendments made by this
title and sections 11003 and 11016 of this Act shall be made
without regard to--
(A) the notice and comment provisions of section 553
of title 5, United States Code;
(B) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'');
and
(C) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and
public participation in rulemaking.
(3) Congressional review of agency rulemaking.--In carrying
out this subsection, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
(d) Adjustment Authority Related to Trade Agreements Compliance.--
(1) Required determination; adjustment.--If the Secretary
determines that expenditures under this title that are subject
to the total allowable domestic support levels under the
Uruguay Round Agreements (as defined in section 2 of the
Uruguay Round Agreements Act (19 U.S.C. 3501)) will exceed the
allowable levels for any applicable reporting period, the
Secretary shall, to the maximum extent practicable, make
adjustments in the amount of the expenditures during that
period to ensure that the expenditures do not exceed the
allowable levels.
(2) Congressional notification.--Before making any adjustment
under paragraph (1), the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the determination made under that
paragraph and the extent of the adjustment to be made.
SEC. 1602. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--The following provisions of
the Agricultural Adjustment Act of 1938 shall not be applicable to the
2013 through 2017 crops of covered commodities (as defined in section
1104), cotton, and sugar and shall not be applicable to milk during the
period beginning on the date of enactment of this Act through December
31, 2017:
(1) Parts II through V of subtitle B of title III (7 U.S.C.
1326 et seq.).
(2) In the case of upland cotton, section 377 (7 U.S.C.
1377).
(3) Subtitle D of title III (7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C. 1401 et seq.).
(b) Agricultural Act of 1949.--The following provisions of the
Agricultural Act of 1949 shall not be applicable to the 2013 through
2017 crops of covered commodities (as defined in section 1104), cotton,
and sugar and shall not be applicable to milk during the period
beginning on the date of enactment of this Act and through December 31,
2017:
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447 et seq.).
(10) Title IV (7 U.S.C. 1421 et seq.), other than sections
404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(11) Title V (7 U.S.C. 1461 et seq.).
(12) Title VI (7 U.S.C. 1471 et seq.).
(c) Suspension of Certain Quota Provisions.--The joint resolution
entitled ``A joint resolution relating to corn and wheat marketing
quotas under the Agricultural Adjustment Act of 1938, as amended'',
approved May 26, 1941 (7 U.S.C. 1330, 1340), shall not be applicable to
the crops of wheat planted for harvest in the calendar years 2013
through 2017.
SEC. 1603. PAYMENT LIMITATIONS.
(a) In General.--Section 1001 of the Food Security Act of 1985 (7
U.S.C. 1308) is amended by striking subsections (b) and (c) and
inserting the following:
``(b) Limitation on Payments for Covered Commodities (other Than
Peanuts).--The total amount of payments received, directly or
indirectly, by a person or legal entity (except a joint venture or
general partnership) for any crop year under subtitle A of title I of
the Federal Agriculture Reform and Risk Management Act of 2012 for 1 or
more covered commodities (other than peanuts) may not exceed $125,000.
``(c) Limitation on Payments for Peanuts.--The total amount of
payments received, directly or indirectly, by a person or legal entity
(except a joint venture or general partnership) for any crop year under
subtitle A of title I of the Federal Agriculture Reform and Risk
Management Act of 2012 for peanuts may not exceed $125,000.''.
(b) Conforming Amendments.--
(1) Section 1001(f) of the Food Security Act of 1985 (7
U.S.C. 1308(f)) is amended by striking ``or title XII'' each
place it appears in paragraphs (5)(A) and (6)(A) and inserting
``, title I of the Federal Agriculture Reform and Risk
Management Act of 2012, or title XII''.
(2) Section 1001C(a) of the Food Security Act of 1985 (7
U.S.C. 1308-3(a)) is amended by inserting ``title I of the
Federal Agriculture Reform and Risk Management Act of 2012,''
after ``2008,''.
(c) Application.--The amendments made by this section shall apply
beginning with the 2013 crop year.
SEC. 1604. ADJUSTED GROSS INCOME LIMITATION.
(a) Limitations and Covered Benefits.--Section 1001D(b) of the Food
Security Act of 1985 (7 U.S.C. 1308-3a(b)) is amended--
(1) in the subsection heading, by striking ``Limitations''
and inserting ``Limitations on Commodity and Conservation
Programs'';
(2) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) Limitation.--Notwithstanding any other provision of
law, a person or legal entity shall not be eligible to receive
any benefit described in paragraph (2) during a crop, fiscal,
or program year, as appropriate, if the average adjusted gross
income of the person or legal entity exceeds $950,000.
``(2) Covered benefits.--Paragraph (1) applies with respect
to a payment or benefit under section 1107, subtitle B or E of
title I, or title II of the Federal Agriculture Reform and Risk
Management Act of 2012, title II of the Farm Security and Rural
Investment Act of 2002, title II of the Food, Conservation, and
Energy Act of 2008, title XII of the Food Security Act of 1985,
section 524(b) of the Federal Crop Insurance Act (7 U.S.C.
1524(b)), or section 196 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333).''.
(b) Elimination of Unused Definitions.--Paragraph (1) of section
1001D(a) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(a)) is
amended to read as follows:
``(1) Average adjusted gross income.--In this section, the
term `average adjusted gross income', with respect to a person
or legal entity, means the average of the adjusted gross income
or comparable measure of the person or legal entity over the 3
taxable years preceding the most immediately preceding complete
taxable year, as determined by the Secretary.''.
(c) Income Determination.--Section 1001D of the Food Security Act of
1985 (7 U.S.C. 1308-3a) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
(d) Conforming Amendments.--Section 1001D of the Food Security Act of
1985 (7 U.S.C. 1308-3a) is amended--
(1) in subsection (a)(2)--
(A) by striking ``subparagraph (A) or (B) of''; and
(B) by striking ``, the average adjusted gross farm
income, and the average adjusted gross nonfarm
income'';
(2) in subsection (a)(3), by striking ``, average adjusted
gross farm income, and average adjusted gross nonfarm income''
both places it appears;
(3) in subsection (c) (as redesignated by subsection (c)(2)
of this section)--
(A) in paragraph (1), by striking ``, average
adjusted gross farm income, and average adjusted gross
nonfarm income'' both places it appears; and
(B) in paragraph (2), by striking ``paragraphs (1)(C)
and (2)(B) of subsection (b)'' and inserting
``subsection (b)(2)''; and
(4) in subsection (d) (as redesignated by subsection (c)(2)
of this section)--
(A) by striking ``paragraphs (1)(C) and (2)(B) of
subsection (b)'' and inserting ``subsection (b)(2)'';
and
(B) by striking ``, average adjusted gross farm
income, or average adjusted gross nonfarm income''.
(e) Effective Period.--Subsection (e) of section 1001D of the Food
Security Act of 1985 (7 U.S.C. 1308-3a), as redesignated by subsection
(c)(2) of this section, is amended by striking ``2009 through 2012''
and inserting ``2013 through 2017''.
(f) Limitation on Applicability.--Section 1001(d) of the Food
Security Act of 1985 (7 U.S.C. 1308) is amended by inserting before the
period at the end the following: ``or title I of the Federal
Agriculture Reform and Risk Management Act of 2012''.
(g) Transition.--Section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a), as in effect on the day before the date of the
enactment of this Act, shall apply with respect to the 2012 crop,
fiscal, or program year, as appropriate, for each program described in
paragraphs (1)(C) and (2)(B) of subsection (b) of that section (as so
in effect on that day).
SEC. 1605. GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS.
Section 1621(d) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8792(d)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 1606. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES.
Section 164 of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7284) is amended by striking ``and title I of the Food,
Conservation, and Energy Act of 2008'' each place it appears and
inserting ``title I of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8702 et seq.), and title I of the Federal Agriculture Reform
and Risk Management Act of 2012''.
SEC. 1607. PREVENTION OF DECEASED INDIVIDUALS RECEIVING PAYMENTS UNDER
FARM COMMODITY PROGRAMS.
(a) Reconciliation.--At least twice each year, the Secretary shall
reconcile social security numbers of all individuals who receive
payments under this title, whether directly or indirectly, with the
Commissioner of Social Security to determined if the individuals are
alive.
(b) Preclusion.--The Secretary shall preclude the issuance of
payments to, and on behalf of, deceased individuals that were not
eligible for payments.
SEC. 1608. TECHNICAL CORRECTIONS.
(a) Missing Punctuation.--Section 359f(c)(1)(B) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ff(c)(1)(B)) is amended by adding
a period at the end.
(b) Erroneous Cross Reference.--
(1) Amendment.--Section 1603(g) of the Food, Conservation,
and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1739) is
amended in paragraphs (2) through (6) and the amendments made
by those paragraphs by striking ``1703(a)'' each place it
appears and inserting ``1603(a)''.
(2) Effective date.--This subsection and the amendments made
by this subsection take effect as if included in the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122
Stat. 1651).
(c) Continued Applicability of Appropriations General Provision.--
Section 767 of division A of Public Law 108-7 (7 U.S.C. 7911 note; 117
Stat. 48) is amended--
(1) in subsection (a)--
(A) by striking ``sections 1101 and 1102 of Public
Law 107-171'' and inserting ``subtitle A of title I of
the Federal Agriculture Reform and Risk Management Act
of 2012''; and
(B) by striking ``such section 1102'' and inserting
``such subtitle''; and
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) This section, as amended by section 1608(c) of the Federal
Agriculture Reform and Risk Management Act of 2012, shall take effect
beginning with the 2013 crop year.''.
SEC. 1609. ASSIGNMENT OF PAYMENTS.
(a) In General.--The provisions of section 8(g) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)), relating
to assignment of payments, shall apply to payments made under this
title.
(b) Notice.--The producer making the assignment, or the assignee,
shall provide the Secretary with notice, in such manner as the
Secretary may require, of any assignment made under this section.
SEC. 1610. TRACKING OF BENEFITS.
As soon as practicable after the date of enactment of this Act, the
Secretary may track the benefits provided, directly or indirectly, to
individuals and entities under titles I and II and the amendments made
by those titles.
SEC. 1611. SIGNATURE AUTHORITY.
(a) In General.--In carrying out this title and title II and
amendments made by those titles, if the Secretary approves a document,
the Secretary shall not subsequently determine the document is
inadequate or invalid because of the lack of authority of any person
signing the document on behalf of the applicant or any other
individual, entity, general partnership, or joint venture, or the
documents relied upon were determined inadequate or invalid, unless the
person signing the program document knowingly and willfully falsified
the evidence of signature authority or a signature.
(b) Affirmation.--
(1) In general.--Nothing in this section prohibits the
Secretary from asking a proper party to affirm any document
that otherwise would be considered approved under subsection
(a).
(2) No retroactive effect.--A denial of benefits based on a
lack of affirmation under paragraph (1) shall not be
retroactive with respect to third-party producers who were not
the subject of the erroneous representation of authority, if
the third-party producers--
(A) relied on the prior approval by the Secretary of
the documents in good faith; and
(B) substantively complied with all program
requirements.
SEC. 1612. IMPLEMENTATION.
(a) Streamlining.--In implementing this title, the Secretary shall,
to the maximum extent practicable--
(1) seek to reduce administrative burdens and costs to
producers by streamlining and reducing paperwork, forms, and
other administrative requirements;
(2) improve coordination, information sharing, and
administrative work with the Risk Management Agency and the
Natural Resources Conservation Service; and
(3) take advantage of new technologies to enhance efficiency
and effectiveness of program delivery to producers.
(b) Maintenance of Base Acres and Payment Yields.--
(1) In general.--The Secretary shall maintain through
September 30, 2017, for each covered commodity and upland
cotton, base acres and payment yields on a farm established
under--
(A)(i) in the case of covered commodities and upland
cotton, sections 1101 and 1102 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7911, 7912); and
(ii) in the case of peanuts, section 1302 of that Act
(7 U.S.C. 7952); and
(B)(i) in the case of covered commodities and upland
cotton, sections 1101 and 1102 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8711,
8712); and
(ii) in the case of peanuts, section 1302 of that Act
(7 U.S.C. 8752).
(2) Special rule for long grain and medium grain rice.--
(A) In general.--The Secretary shall maintain
separate base acres for long grain rice and medium
grain rice.
(B) Limitation.--In carrying out this paragraph, the
Secretary shall use the same total base acres and
payment yields established with respect to rice under
sections 1108 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8718), as in effect on the day before
the date of enactment of this Act, subject to any
adjustment under section 1105.
(c) Implementation.--The Secretary shall make available to the Farm
Service Agency to carry out this title $100,000,000.
TITLE II--CONSERVATION
Subtitle A--Conservation Reserve Program
SEC. 2001. EXTENSION AND ENROLLMENT REQUIREMENTS OF CONSERVATION
RESERVE PROGRAM.
(a) Extension.--Section 1231(a) of the Food Security Act of 1985 (16
U.S.C. 3831(a)) is amended by striking ``2012'' and inserting ``2017''.
(b) Eligible Land.--Section 1231(b) of the Food Security Act of 1985
(16 U.S.C. 3831(b)) is amended--
(1) in paragraph (1)(B), by striking ``the date of enactment
of the Food, Conservation, and Energy Act of 2008'' and
inserting ``the date of the enactment of the Federal
Agriculture Reform and Risk Management Act of 2012'';
(2) by striking paragraph (2) and redesignating paragraph (3)
as paragraph (2);
(3) by inserting before paragraph (4) the following new
paragraph:
``(3) grasslands that--
``(A) contain forbs or shrubland (including improved
rangeland and pastureland) for which grazing is the
predominant use;
``(B) are located in an area historically dominated
by grasslands; and
``(C) could provide habitat for animal and plant
populations of significant ecological value if the land
is retained in its current use or restored to a natural
condition;'';
(4) in paragraph (4)(C), by striking ``filterstrips devoted
to trees or shrubs'' and inserting ``filterstrips or riparian
buffers devoted to trees, shrubs, or grasses''; and
(5) by striking paragraph (5) and inserting the following new
paragraph:
``(5) the portion of land in a field not enrolled in the
conservation reserve in a case in which--
``(A) more than 50 percent of the land in the field
is enrolled as a buffer or filterstrip, or more than 75
percent of the land in the field is enrolled as a
conservation practice other than as a buffer or
filterstrip; and
``(B) the remainder of the field is--
``(i) infeasible to farm; and
``(ii) enrolled at regular rental rates.''.
(c) Planting Status of Certain Land.--Section 1231(c) of the Food
Security Act of 1985 (16 U.S.C. 3831(c)) is amended by striking ``if''
and all that follows through the period at the end and inserting ``if,
during the crop year, the land was devoted to a conserving use.''.
(d) Enrollment.--Subsection (d) of section 1231 of the Food Security
Act of 1985 (16 U.S.C. 3831) is amended to read as follows:
``(d) Enrollment.--
``(1) Maximum acreage enrolled.--The Secretary may maintain
in the conservation reserve at any one time during--
``(A) fiscal year 2012, no more than 32,000,000
acres;
``(B) fiscal year 2013, no more than 29,000,000
acres;
``(C) fiscal year 2014, no more than 26,000,000
acres;
``(D) fiscal year 2015, no more than 26,000,000
acres;
``(E) fiscal year 2016, no more than 25,500,000
acres; and
``(F) fiscal year 2017, no more than 25,000,000
acres.
``(2) Grasslands.--
``(A) Limitation.--For purposes of applying the
limitations in paragraph (1), no more than 2,000,000
acres of the land described in subsection (b)(3) may be
enrolled in the program at any one time during the 2013
through 2017 fiscal years.
``(B) Priority.--In enrolling acres under
subparagraph (A), the Secretary may give priority to
land with expiring conservation reserve program
contracts.
``(C) Method of enrollment.--In enrolling acres under
subparagraph (A), the Secretary shall make the program
available to owners or operators of eligible land on a
continuous enrollment basis with one or more ranking
periods.''.
(e) Duration of Contract.--Section 1231(e) of the Food Security Act
of 1985 (16 U.S.C. 3831(e)) is amended by striking paragraphs (2) and
(3) and inserting the following new paragraph:
``(2) Special rule for certain land.--In the case of land
devoted to hardwood trees, shelterbelts, windbreaks, or
wildlife corridors under a contract entered into under this
subchapter, the owner or operator of the land may, within the
limitations prescribed under paragraph (1), specify the
duration of the contract.''.
(f) Conservation Priority Areas.--Section 1231(f) of the Food
Security Act of 1985 (16 U.S.C. 3831(f)) is amended--
(1) in paragraph (1), by striking ``watershed areas of the
Chesapeake Bay Region, the Great Lakes Region, the Long Island
Sound Region, and other'';
(2) in paragraph (2), by striking ``watersheds.--Watersheds''
and inserting ``areas.--Areas''; and
(3) in paragraph (3), by striking ``a watershed's
designation--'' and all that follows through the period at the
end and inserting ``an area's designation if the Secretary
finds that the area no longer contains actual and significant
adverse water quality or habitat impacts related to
agricultural production activities.''.
SEC. 2002. FARMABLE WETLAND PROGRAM.
(a) Extension.--Section 1231B(a)(1) of the Food Security Act of 1985
(16 U.S.C. 3831b(a)(1)) is amended--
(1) by striking ``2012'' and inserting ``2017''; and
(2) by striking ``a program'' and inserting ``a farmable
wetland program''.
(b) Eligible Acreage.--Section 1231B(b)(1)(B) of the Food Security
Act of 1985 (16 U.S.C. 3831b(b)(1)(B)) is amended by striking ``flow
from a row crop agriculture drainage system'' and inserting ``surface
and subsurface flow from row crop agricultural production''.
(c) Acreage Limitation.--Section 1231B(c)(1)(B) of the Food Security
Act of 1985 (16 U.S.C. 3831b(c)(1)(B)) is amended by striking
``1,000,000'' and inserting ``750,000''.
(d) Clerical Amendment.--The heading of section 1231B of the Food
Security Act of 1985 (16 U.S.C. 3831b) is amended to read as follows:
``farmable wetland program''.
SEC. 2003. DUTIES OF OWNERS AND OPERATORS.
(a) Limitation on Harvesting, Grazing, or Commercial Use of Forage.--
Section 1232(a)(8) of the Food Security Act of 1985 (16 U.S.C.
3832(a)(8)) is amended by striking ``except that'' and all that follows
through the semicolon at the end of the paragraph and inserting
``except as provided in subsection (b) or (c) of section 1233;''.
(b) Conservation Plan Requirements.--Subsection (b) of section 1232
of the Food Security Act of 1985 (16 U.S.C. 3832) is amended to read as
follows:
``(b) Conservation Plans.--The plan referred to in subsection (a)(1)
shall set forth--
``(1) the conservation measures and practices to be carried
out by the owner or operator during the term of the contract;
and
``(2) the commercial use, if any, to be permitted on the land
during the term.''.
(c) Rental Payment Reduction.--Section 1232 of the Food Security Act
of 1985 (16 U.S.C. 3832) is amended by striking subsection (d).
SEC. 2004. DUTIES OF THE SECRETARY.
Section 1233 of the Food Security Act of 1985 (16 U.S.C. 3833) is
amended to read as follows:
``SEC. 1233. DUTIES OF THE SECRETARY.
``(a) Cost-share and Rental Payments.--In return for a contract
entered into by an owner or operator under the conservation reserve
program, the Secretary shall--
``(1) share the cost of carrying out the conservation
measures and practices set forth in the contract for which the
Secretary determines that cost sharing is appropriate and in
the public interest; and
``(2) for a period of years not in excess of the term of the
contract, pay an annual rental payment in an amount necessary
to compensate for--
``(A) the conversion of highly erodible cropland or
other eligible lands normally devoted to the production
of an agricultural commodity on a farm or ranch to a
less intensive use;
``(B) the retirement of any base history that the
owner or operator agrees to retire permanently; and
``(C) the development and management of grasslands
for multiple natural resource conservation benefits,
including to soil, water, air, and wildlife.
``(b) Specified Activities Permitted.--The Secretary shall permit
certain activities or commercial uses of land that is subject to a
contract under the conservation reserve program in a manner that is
consistent with a plan approved by the Secretary, as follows:
``(1) Harvesting, grazing, or other commercial use of the
forage in response to a drought or other emergency created by a
natural disaster, without any reduction in the rental rate.
``(2) Consistent with the conservation of soil, water
quality, and wildlife habitat (including habitat during nesting
seasons for birds in the area), and in exchange for a reduction
of not less than 25 percent in the annual rental rate for the
acres covered by the authorized activity--
``(A) managed harvesting and other commercial use
(including the managed harvesting of biomass), except
that in permitting managed harvesting, the Secretary,
in coordination with the State technical committee--
``(i) shall develop appropriate vegetation
management requirements; and
``(ii) shall identify periods during which
managed harvesting may be conducted, such that
the frequency is not more than once every three
years;
``(B) routine grazing or prescribed grazing for the
control of invasive species, except that in permitting
such routine grazing or prescribed grazing, the
Secretary, in coordination with the State technical
committee--
``(i) shall develop appropriate vegetation
management requirements and stocking rates for
the land that are suitable for continued
routine grazing; and
``(ii) shall identify the periods during
which routine grazing may be conducted, such
that the frequency is not more than once every
two years, taking into consideration regional
differences such as--
``(I) climate, soil type, and natural
resources;
``(II) the number of years that
should be required between routine
grazing activities; and
``(III) how often during a year in
which routine grazing is permitted that
routine grazing should be allowed to
occur; and
``(C) the installation of wind turbines and
associated access, except that in permitting the
installation of wind turbines, the Secretary shall
determine the number and location of wind turbines that
may be installed, taking into account--
``(i) the location, size, and other physical
characteristics of the land;
``(ii) the extent to which the land contains
wildlife and wildlife habitat; and
``(iii) the purposes of the conservation
reserve program under this subchapter.
``(3) The intermittent and seasonal use of vegetative buffer
practices incidental to agricultural production on lands
adjacent to the buffer such that the permitted use does not
destroy the permanent vegetative cover.
``(c) Authorized Activities on Grasslands.--For eligible land
described in section 1231(b)(3), the Secretary shall permit the
following activities:
``(1) Common grazing practices, including maintenance and
necessary cultural practices, on the land in a manner that is
consistent with maintaining the viability of grassland, forb,
and shrub species appropriate to that locality.
``(2) Haying, mowing, or harvesting for seed production,
subject to appropriate restrictions during the nesting season
for critical bird species in the area.
``(3) Fire presuppression, fire-related rehabilitation, and
construction of fire breaks.
``(4) Grazing-related activities, such as fencing and
livestock watering.
``(d) Resource Conserving Use.--
``(1) In general.--Beginning on the date that is 1 year
before the date of termination of a contract under the program,
the Secretary shall allow an owner or operator to make
conservation and land improvements that facilitate maintaining
protection of enrolled land after expiration of the contract.
``(2) Conservation plan.--The Secretary shall require an
owner or operator carrying out the activities described in
paragraph (1) to develop and implement a conservation plan.
``(3) Re-enrollment prohibited.--Land improved under
paragraph (1) may not be re-enrolled in the conservation
reserve program for 5 years after the date of termination of
the contract.''.
SEC. 2005. PAYMENTS.
(a) Trees, Windbreaks, Shelterbelts, and Wildlife Corridors.--Section
1234(b)(3)(A) of the Food Security Act of 1985 (16 U.S.C.
3834(b)(3)(A)) is amended--
(1) in clause (i), by inserting ``and'' after the semicolon;
(2) by striking clause (ii); and
(3) by redesignating clause (iii) as clause (ii).
(b) Annual Rental Payments.--Section 1234(c) of the Food Security Act
of 1985 (16 U.S.C. 3834(c)) is amended--
(1) in paragraph (1), by inserting ``or other eligible
lands'' after ``highly erodible cropland'' both places it
appears; and
(2) by striking paragraph (2) and inserting the following new
paragraph:
``(2) Methods of determination.--
``(A) In general.--The amounts payable to owners or
operators in the form of rental payments under
contracts entered into under this subchapter may be
determined through--
``(i) the submission of bids for such
contracts by owners and operators in such
manner as the Secretary may prescribe; or
``(ii) such other means as the Secretary
determines are appropriate.
``(B) Grasslands.--In the case of eligible land
described in section 1231(b)(3), the Secretary shall
make annual payments in an amount that is not more than
75 percent of the grazing value of the land covered by
the contract.''.
(c) Payment Schedule.--Subsection (d) of section 1234 of the Food
Security Act of 1985 (16 U.S.C. 3834) is amended to read as follows:
``(d) Payment Schedule.--
``(1) In general.--Except as otherwise provided in this
section, payments under this subchapter shall be made in cash
in such amount and on such time schedule as is agreed on and
specified in the contract.
``(2) Advance payment.--Payments under this subchapter may be
made in advance of determination of performance.''.
(d) Payment Limitation.--Section 1234(f) of the Food Security Act of
1985 (16 U.S.C. 3834(f)) is amended--
(1) in paragraph (1), by striking ``, including rental
payments made in the form of in-kind commodities,'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (2).
SEC. 2006. CONTRACT REQUIREMENTS.
(a) Early Termination by Owner or Operator.--Section 1235(e) of the
Food Security Act of 1985 (16 U.S.C. 3835(e)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``The Secretary'' and inserting
``During fiscal year 2013, the Secretary''; and
(B) by striking ``before January 1, 1995,'';
(2) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) Land devoted to hardwood trees.
``(D) Wildlife habitat, duck nesting habitat,
pollinator habitat, upland bird habitat buffer,
wildlife food plots, State acres for wildlife
enhancement, shallow water areas for wildlife, and rare
and declining habitat.
``(E) Farmable wetland and restored wetland.
``(F) Land that contains diversions, erosion control
structures, flood control structures, contour grass
strips, living snow fences, salinity reducing
vegetation, cross wind trap strips, and sediment
retention structures.
``(G) Land located within a federally-designated
wellhead protection area.
``(H) Land that is covered by an easement under the
conservation reserve program.
``(I) Land located within an average width, according
to the applicable Natural Resources Conservation
Service field office technical guide, of a perennial
stream or permanent water body.''; and
(3) in paragraph (3), by striking ``60 days after the date on
which the owner or operator submits the notice required under
paragraph (1)(C)'' and inserting ``upon approval by the
Secretary''.
(b) Transition Option for Certain Farmers or Ranchers.--Section
1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``Duties'' and all that follows through ``a
beginning farmer'' and inserting ``Transition to
covered farmer or rancher.--In the case of a contract
modification approved in order to facilitate the
transfer of land subject to a contract from a retired
farmer or rancher to a beginning farmer'';
(B) in subparagraph (A)(i), by inserting ``,
including preparing to plant an agricultural crop''
after ``improvements'';
(C) in subparagraph (D), by striking ``the farmer or
rancher'' and inserting ``the covered farmer or
rancher''; and
(D) in subparagraph (E), by striking ``section
1001A(b)(3)(B)'' and inserting ``section 1001''; and
(2) in paragraph (2), by striking ``requirement of section
1231(h)(4)(B)'' and inserting ``option pursuant to section
1234(c)(2)(A)(ii)''.
(c) Final Year Contract.--Section 1235 of the Food Security Act of
1985 (16 U.S.C. 3835) is amended by adding at the end the following new
subsections:
``(g) Final Year of Contract.--The Secretary shall not consider an
owner or operator to be in violation of a term or condition of the
conservation reserve contract if--
``(1) during the year prior to expiration of the contract,
the land is enrolled in the conservation stewardship program;
and
``(2) the activity required under the conservation
stewardship program pursuant to such enrollment is consistent
with this subchapter.
``(h) Land Enrolled in Agricultural Conservation Easement Program.--
The Secretary may terminate or modify a contract entered into under
this subchapter if eligible land that is subject to such contract is
transferred into the agricultural conservation easement program under
subtitle H.''.
SEC. 2007. CONVERSION OF LAND SUBJECT TO CONTRACT TO OTHER CONSERVING
USES.
Section 1235A of the Food Security Act of 1985 (16 U.S.C. 3835a) is
repealed.
SEC. 2008. EFFECTIVE DATE.
(a) In General.--The amendments made by this subtitle shall take
effect on October 1, 2012, except the amendment made by section
2001(d), which shall take effect on the date of the enactment of this
Act.
(b) Effect on Existing Contracts.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this subtitle shall not affect the validity
or terms of any contract entered into by the Secretary of
Agriculture under subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
seq.) before October 1, 2012, or any payments required to be
made in connection with the contract.
(2) Updating of existing contracts.--The Secretary shall
permit an owner or operator of land subject to a contract
entered into under subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
seq.) before October 1, 2012, to update the contract to reflect
the activities and uses of land under contract permitted under
the terms and conditions of section 1233(b) of that Act (as
amended by section 2004), as determined appropriate by the
Secretary.
Subtitle B--Conservation Stewardship Program
SEC. 2101. CONSERVATION STEWARDSHIP PROGRAM.
(a) Revision of Current Program.--Subchapter B of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3838d et seq.) is amended to read as follows:
``Subchapter B--Conservation Stewardship Program
``SEC. 1238D. DEFINITIONS.
``In this subchapter:
``(1) Agricultural operation.--The term `agricultural
operation' means all eligible land, whether or not contiguous,
that is--
``(A) under the effective control of a producer at
the time the producer enters into a contract under the
program; and
``(B) operated with equipment, labor, management, and
production or cultivation practices that are
substantially separate from other agricultural
operations, as determined by the Secretary.
``(2) Conservation activities.--
``(A) In general.--The term `conservation activities'
means conservation systems, practices, or management
measures.
``(B) Inclusions.--The term `conservation activities'
includes--
``(i) structural measures, vegetative
measures, and land management measures,
including agriculture drainage management
systems, as determined by the Secretary; and
``(ii) planning needed to address a priority
resource concern.
``(3) Conservation stewardship plan.--The term `conservation
stewardship plan' means a plan that--
``(A) identifies and inventories priority resource
concerns;
``(B) establishes benchmark data and conservation
objectives;
``(C) describes conservation activities to be
implemented, managed, or improved; and
``(D) includes a schedule and evaluation plan for the
planning, installation, and management of the new and
existing conservation activities.
``(4) Eligible land.--
``(A) In general.--The term `eligible land' means--
``(i) private or tribal land on which
agricultural commodities, livestock, or forest-
related products are produced; and
``(ii) lands associated with the land
described in clause (i) on which priority
resource concerns could be addressed through a
contract under the program.
``(B) Inclusions.--The term `eligible land'
includes--
``(i) cropland;
``(ii) grassland;
``(iii) rangeland;
``(iv) pasture land;
``(v) nonindustrial private forest land; and
``(vi) other agricultural areas (including
cropped woodland, marshes, and agricultural
land used or capable of being used for the
production of livestock), as determined by the
Secretary.
``(5) Priority resource concern.--The term `priority resource
concern' means a natural resource concern or problem, as
determined by the Secretary, that--
``(A) is identified at the national, State, or local
level as a priority for a particular area of a State;
``(B) represents a significant concern in a State or
region; and
``(C) is likely to be addressed successfully through
the implementation of conservation activities under
this program.
``(6) Program.--The term `program' means the conservation
stewardship program established by this subchapter.
``(7) Stewardship threshold.--The term `stewardship
threshold' means the level of management required, as
determined by the Secretary, to conserve and improve the
quality and condition of a natural resource.
``SEC. 1238E. CONSERVATION STEWARDSHIP PROGRAM.
``(a) Establishment and Purpose.--During each of fiscal years 2013
through 2017, the Secretary shall carry out a conservation stewardship
program to encourage producers to address priority resource concerns in
a comprehensive manner--
``(1) by undertaking additional conservation activities; and
``(2) by improving, maintaining, and managing existing
conservation activities.
``(b) Exclusions.--
``(1) Land enrolled in other conservation programs.--Subject
to paragraph (2), the following land (even if covered by the
definition of eligible land) is not eligible for enrollment in
the program:
``(A) Land enrolled in the conservation reserve
program, unless--
``(i) the conservation reserve contract will
expire at the end of the fiscal year in which
the land is to be enrolled in the program; and
``(ii) conservation reserve program payments
for land enrolled in the program cease before
the first program payment is made to the
applicant under this subchapter.
``(B) Land enrolled in a wetland easement through the
agricultural conservation easement program.
``(C) Land enrolled in the conservation security
program.
``(2) Conversion to cropland.--Eligible land used for crop
production after October 1, 2012, that had not been planted,
considered to be planted, or devoted to crop production for at
least 4 of the 6 years preceding that date shall not be the
basis for any payment under the program, unless the land does
not meet the requirement because--
``(A) the land had previously been enrolled in the
conservation reserve program;
``(B) the land has been maintained using long-term
crop rotation practices, as determined by the
Secretary; or
``(C) the land is incidental land needed for
efficient operation of the farm or ranch, as determined
by the Secretary.
``SEC. 1238F. STEWARDSHIP CONTRACTS.
``(a) Submission of Contract Offers.--To be eligible to participate
in the conservation stewardship program, a producer shall submit to the
Secretary a contract offer for the agricultural operation that--
``(1) demonstrates to the satisfaction of the Secretary that
the producer, at the time of the contract offer, meets or
exceeds the stewardship threshold for at least 2 priority
resource concerns; and
``(2) would, at a minimum, meet or exceed the stewardship
threshold for at least 1 additional priority resource concern
by the end of the stewardship contract by--
``(A) installing and adopting additional conservation
activities; and
``(B) improving, maintaining, and managing existing
conservation activities across the entire agricultural
operation in a manner that increases or extends the
conservation benefits in place at the time the contract
offer is accepted by the Secretary.
``(b) Evaluation of Contract Offers.--
``(1) Ranking of applications.--In evaluating contract offers
submitted under subsection (a), the Secretary shall rank
applications based on--
``(A) the level of conservation treatment on all
applicable priority resource concerns at the time of
application;
``(B) the degree to which the proposed conservation
activities effectively increase conservation
performance;
``(C) the number of applicable priority resource
concerns proposed to be treated to meet or exceed the
stewardship threshold by the end of the contract;
``(D) the extent to which other priority resource
concerns will be addressed to meet or exceed the
stewardship threshold by the end of the contract
period;
``(E) the extent to which the actual and anticipated
conservation benefits from the contract are provided at
the least cost relative to other similarly beneficial
contract offers; and
``(F) the extent to which priority resource concerns
will be addressed when transitioning from the
conservation reserve program to agricultural
production.
``(2) Prohibition.--The Secretary may not assign a higher
priority to any application because the applicant is willing to
accept a lower payment than the applicant would otherwise be
eligible to receive.
``(3) Additional criteria.--The Secretary may develop and use
such additional criteria that the Secretary determines are
necessary to ensure that national, State, and local priority
resource concerns are effectively addressed.
``(c) Entering Into Contracts.--After a determination that a producer
is eligible for the program under subsection (a), and a determination
that the contract offer ranks sufficiently high under the evaluation
criteria under subsection (b), the Secretary shall enter into a
conservation stewardship contract with the producer to enroll the
eligible land to be covered by the contract.
``(d) Contract Provisions.--
``(1) Term.--A conservation stewardship contract shall be for
a term of 5 years.
``(2) Required provisions.--The conservation stewardship
contract of a producer shall--
``(A) state the amount of the payment the Secretary
agrees to make to the producer for each year of the
conservation stewardship contract under section
1238G(d);
``(B) require the producer--
``(i) to implement a conservation stewardship
plan that describes the program purposes to be
achieved through 1 or more conservation
activities;
``(ii) to maintain and supply information as
required by the Secretary to determine
compliance with the conservation stewardship
plan and any other requirements of the program;
and
``(iii) not to conduct any activities on the
agricultural operation that would tend to
defeat the purposes of the program;
``(C) permit all economic uses of the eligible land
that--
``(i) maintain the agricultural nature of the
land; and
``(ii) are consistent with the conservation
purposes of the conservation stewardship
contract;
``(D) include a provision to ensure that a producer
shall not be considered in violation of the contract
for failure to comply with the contract due to
circumstances beyond the control of the producer,
including a disaster or related condition, as
determined by the Secretary;
``(E) include provisions requiring that upon the
violation of a term or condition of the contract at any
time the producer has control of the land--
``(i) if the Secretary determines that the
violation warrants termination of the
contract--
``(I) the producer shall forfeit all
rights to receive payments under the
contract; and
``(II) the producer shall refund all
or a portion of the payments received
by the producer under the contract,
including any interest on the payments,
as determined by the Secretary; or
``(ii) if the Secretary determines that the
violation does not warrant termination of the
contract, the producer shall refund or accept
adjustments to the payments provided to the
producer, as the Secretary determines to be
appropriate;
``(F) include provisions in accordance with
paragraphs (3) and (4) of this section; and
``(G) include any additional provisions the Secretary
determines are necessary to carry out the program.
``(3) Change of interest in land subject to a contract.--
``(A) In general.--At the time of application, a
producer shall have control of the eligible land to be
enrolled in the program. Except as provided in
subparagraph (B), a change in the interest of a
producer in eligible land covered by a contract under
the program shall result in the termination of the
contract with regard to that land.
``(B) Transfer of duties and rights.--Subparagraph
(A) shall not apply if--
``(i) within a reasonable period of time (as
determined by the Secretary) after the date of
the change in the interest in eligible land
covered by a contract under the program, the
transferee of the land provides written notice
to the Secretary that all duties and rights
under the contract have been transferred to,
and assumed by, the transferee for the portion
of the land transferred;
``(ii) the transferee meets the eligibility
requirements of the program; and
``(iii) the Secretary approves the transfer
of all duties and rights under the contract.
``(4) Modification and termination of contracts.--
``(A) Voluntary modification or termination.--The
Secretary may modify or terminate a contract with a
producer if--
``(i) the producer agrees to the modification
or termination; and
``(ii) the Secretary determines that the
modification or termination is in the public
interest.
``(B) Involuntary termination.--The Secretary may
terminate a contract if the Secretary determines that
the producer violated the contract.
``(5) Repayment.--If a contract is terminated, the Secretary
may, consistent with the purposes of the program--
``(A) allow the producer to retain payments already
received under the contract; or
``(B) require repayment, in whole or in part, of
payments received and assess liquidated damages.
``(e) Contract Renewal.--At the end of the initial 5-year contract
period, the Secretary may allow the producer to renew the contract for
1 additional 5-year period if the producer--
``(1) demonstrates compliance with the terms of the initial
contract;
``(2) agrees to adopt and continue to integrate conservation
activities across the entire agricultural operation, as
determined by the Secretary; and
``(3) agrees, by the end of the contract period--
``(A) to meet the stewardship threshold of at least
two additional priority resource concerns on the
agricultural operation; or
``(B) to exceed the stewardship threshold of two
existing priority resource concerns that are specified
by the Secretary in the initial contract.
``SEC. 1238G. DUTIES OF THE SECRETARY.
``(a) In General.--To achieve the conservation goals of a contract
under the conservation stewardship program, the Secretary shall--
``(1) make the program available to eligible producers on a
continuous enrollment basis with 1 or more ranking periods, one
of which shall occur in the first quarter of each fiscal year;
``(2) identify not less than 5 priority resource concerns in
a particular watershed or other appropriate region or area
within a State; and
``(3) establish a science-based stewardship threshold for
each priority resource concern identified under paragraph (2).
``(b) Allocation to States.--The Secretary shall allocate acres to
States for enrollment, based--
``(1) primarily on each State's proportion of eligible land
to the total acreage of eligible land in all States; and
``(2) also on consideration of--
``(A) the extent and magnitude of the conservation
needs associated with agricultural production in each
State;
``(B) the degree to which implementation of the
program in the State is, or will be, effective in
helping producers address those needs; and
``(C) other considerations to achieve equitable
geographic distribution of funds, as determined by the
Secretary.
``(c) Acreage Enrollment Limitation.--During the period beginning on
October 1, 2012, and ending on September 30, 2021, the Secretary shall,
to the maximum extent practicable--
``(1) enroll in the program an additional 9,000,000 acres for
each fiscal year; and
``(2) manage the program to achieve a national average rate
of $18 per acre, which shall include the costs of all financial
assistance, technical assistance, and any other expenses
associated with enrollment or participation in the program.
``(d) Conservation Stewardship Payments.--
``(1) Availability of payments.--The Secretary shall provide
annual payments under the program to compensate the producer
for--
``(A) installing and adopting additional conservation
activities; and
``(B) improving, maintaining, and managing
conservation activities in place at the agricultural
operation of the producer at the time the contract
offer is accepted by the Secretary.
``(2) Payment amount.--The amount of the conservation
stewardship annual payment shall be determined by the Secretary
and based, to the maximum extent practicable, on the following
factors:
``(A) Costs incurred by the producer associated with
planning, design, materials, installation, labor,
management, maintenance, or training.
``(B) Income forgone by the producer.
``(C) Expected conservation benefits.
``(D) The extent to which priority resource concerns
will be addressed through the installation and adoption
of conservation activities on the agricultural
operation.
``(E) The level of stewardship in place at the time
of application and maintained over the term of the
contract.
``(F) The degree to which the conservation activities
will be integrated across the entire agricultural
operation for all applicable priority resource concerns
over the term of the contract.
``(G) Such other factors as determined appropriate by
the Secretary.
``(3) Exclusions.--A payment to a producer under this
subsection shall not be provided for--
``(A) the design, construction, or maintenance of
animal waste storage or treatment facilities or
associated waste transport or transfer devices for
animal feeding operations; or
``(B) conservation activities for which there is no
cost incurred or income forgone to the producer.
``(4) Delivery of payments.--In making payments under this
subsection, the Secretary shall, to the extent practicable--
``(A) prorate conservation performance over the term
of the contract so as to accommodate, to the extent
practicable, producers earning equal annual payments in
each fiscal year; and
``(B) make payments as soon as practicable after
October 1 of each fiscal year for activities carried
out in the previous fiscal year.
``(e) Supplemental Payments for Resource-conserving Crop Rotations.--
``(1) Availability of payments.--The Secretary shall provide
additional payments to producers that, in participating in the
program, agree to adopt or improve resource-conserving crop
rotations to achieve beneficial crop rotations as appropriate
for the eligible land of the producers.
``(2) Beneficial crop rotations.--The Secretary shall
determine whether a resource-conserving crop rotation is a
beneficial crop rotation eligible for additional payments under
paragraph (1) based on whether the resource-conserving crop
rotation is designed to provide natural resource conservation
and production benefits.
``(3) Eligibility.--To be eligible to receive a payment
described in paragraph (1), a producer shall agree to adopt and
maintain beneficial resource-conserving crop rotations for the
term of the contract.
``(4) Resource-conserving crop rotation.--In this subsection,
the term `resource-conserving crop rotation' means a crop
rotation that--
``(A) includes at least 1 resource conserving crop
(as defined by the Secretary);
``(B) reduces erosion;
``(C) improves soil fertility and tilth;
``(D) interrupts pest cycles; and
``(E) in applicable areas, reduces depletion of soil
moisture or otherwise reduces the need for irrigation.
``(f) Payment Limitations.--A person or legal entity may not receive,
directly or indirectly, payments under the program that, in the
aggregate, exceed $200,000 under all contracts entered into during
fiscal years 2013 through 2017, excluding funding arrangements with
Indian tribes, regardless of the number of contracts entered into under
the program by the person or legal entity.
``(g) Specialty Crop and Organic Producers.--The Secretary shall
ensure that outreach and technical assistance are available, and
program specifications are appropriate to enable specialty crop and
organic producers to participate in the program.
``(h) Coordination With Organic Certification.--The Secretary shall
establish a transparent means by which producers may initiate organic
certification under the Organic Foods Production Act of 1990 (7 U.S.C.
6501 et seq.) while participating in a contract under the program.
``(i) Regulations.--The Secretary shall promulgate regulations that--
``(1) prescribe such other rules as the Secretary determines
to be necessary to ensure a fair and reasonable application of
the limitations established under subsection (f); and
``(2) otherwise enable the Secretary to carry out the
program.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
(c) Effect on Existing Contracts.--
(1) In general.--The amendment made by this section shall not
affect the validity or terms of any contract entered into by
the Secretary of Agriculture under subchapter B of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838d et seq.) before October 1, 2012, or any payments
required to be made in connection with the contract.
(2) Conservation stewardship program.--Funds made available
under section 1241(a)(4) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(4)) (as amended by section 2601(a) of this
title) may be used to administer and make payments to program
participants that enrolled into contracts during any of fiscal
years 2009 through 2012.
Subtitle C--Environmental Quality Incentives Program
SEC. 2201. PURPOSES.
Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is
amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) by redesignating subparagraph (B) as subparagraph
(C) and, in such subparagraph, by inserting ``and''
after the semicolon; and
(C) by inserting after subparagraph (A) the following
new subparagraph:
``(B) developing and improving wildlife habitat;
and'';
(2) in paragraph (4), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (5).
SEC. 2202. ESTABLISHMENT AND ADMINISTRATION.
Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2)
is amended--
(1) in subsection (a), by striking ``2014'' and inserting
``2017'';
(2) in subsection (b), by striking paragraph (2) and
inserting the following new paragraph:
``(2) Term.--A contract under the program shall have a term
that does not exceed 10 years.'';
(3) in subsection (d)(4)--
(A) in subparagraph (A), in the matter preceding
clause (i), by inserting ``, veteran farmer or rancher
(as defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(e))),'' before ``or a beginning farmer or
rancher''; and
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Advance payments.--
``(i) In general.--Not more than 50 percent
of the amount determined under subparagraph (A)
may be provided in advance for the purpose of
purchasing materials or contracting.
``(ii) Return of funds.--If funds provided in
advance are not expended during the 90-day
period beginning on the date of receipt of the
funds, the funds shall be returned within a
reasonable time frame, as determined by the
Secretary.'';
(4) by striking subsection (f) and inserting the following
new subsection:
``(f) Allocation of Funding.--
``(1) Livestock.--For each of fiscal years 2013 through 2017,
at least 60 percent of the funds made available for payments
under the program shall be targeted at practices relating to
livestock production.
``(2) Wildlife habitat.--For each of fiscal years 2013
through 2017, 5 percent of the funds made available for
payments under the program shall be targeted at practices
benefitting wildlife habitat.'';
(5) in subsection (g)--
(A) in the subsection heading, by striking
``Federally Recognized Native American Indian Tribes
and Alaska Native Corporations'' and inserting ``Indian
Tribes'';
(B) by striking ``federally recognized Native
American Indian Tribes and Alaska Native Corporations
(including their affiliated membership organizations)''
and inserting ``Indian tribes''; and
(C) by striking ``or Native Corporation''; and
(6) by adding at the end the following:
``(j) Wildlife Habitat Incentive Practice.--The Secretary shall
provide payments under the program for conservation practices that
support the restoration, development, and improvement of wildlife
habitat on eligible land, including--
``(1) upland wildlife habitat;
``(2) wetland wildlife habitat;
``(3) habitat for threatened and endangered species;
``(4) fish habitat;
``(5) habitat on pivot corners and other irregular areas of a
field; and
``(6) other types of wildlife habitat, as determined
appropriate by the Secretary.''.
SEC. 2203. EVALUATION OF APPLICATIONS.
Section 1240C(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
3(b)) is amended--
(1) in paragraph (1), by striking ``environmental'' and
inserting ``conservation''; and
(2) in paragraph (3), by striking ``purpose of the
environmental quality incentives program specified in section
1240(1)'' and inserting ``purposes of the program''.
SEC. 2204. DUTIES OF PRODUCERS.
Section 1240D(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
4(2)) is amended by striking ``farm, ranch, or forest'' and inserting
``enrolled''.
SEC. 2205. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended to read as follows:
``SEC. 1240G. LIMITATION ON PAYMENTS.
``A person or legal entity may not receive, directly or indirectly,
cost share or incentive payments under this chapter that, in aggregate,
exceed $450,000 for all contracts entered into under this chapter by
the person or legal entity during the period of fiscal years 2013
through 2017, regardless of the number of contracts entered into under
this chapter by the person or legal entity.''.
SEC. 2206. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8)
is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(E) facilitate on-farm conservation research and
demonstration activities; and
``(F) facilitate pilot testing of new technologies or
innovative conservation practices.''; and
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) Reporting.--Not later than December 31, 2013, and every two
years thereafter, the Secretary shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives a report on the status of
projects funded under this section, including--
``(1) funding awarded;
``(2) project results; and
``(3) incorporation of project findings, such as new
technology and innovative approaches, into the conservation
efforts implemented by the Secretary.''.
SEC. 2207. EFFECTIVE DATE.
(a) In General.--The amendments made by this subtitle shall take
effect on October 1, 2012.
(b) Effect on Existing Contracts.--The amendments made by this
subtitle shall not affect the validity or terms of any contract entered
into by the Secretary of Agriculture under chapter 4 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.)
before October 1, 2012, or any payments required to be made in
connection with the contract.
Subtitle D--Agricultural Conservation Easement Program
SEC. 2301. AGRICULTURAL CONSERVATION EASEMENT PROGRAM.
(a) Establishment.--Title XII of the Food Security Act of 1985 is
amended by adding at the end the following new subtitle:
``Subtitle H--Agricultural Conservation Easement Program
``SEC. 1265. ESTABLISHMENT AND PURPOSES.
``(a) Establishment.--The Secretary shall establish an agricultural
conservation easement program for the conservation of eligible land and
natural resources through easements or other interests in land.
``(b) Purposes.--The purposes of the program are to--
``(1) combine the purposes and coordinate the functions of
the wetlands reserve program established under section 1237,
the grassland reserve program established under section 1238N,
and the farmland protection program established under section
1238I, as such sections were in effect on September 30, 2012;
``(2) restore, protect, and enhance wetlands on eligible
land;
``(3) protect the agricultural use and related conservation
values of eligible land by limiting nonagricultural uses of
that land; and
``(4) protect grazing uses and related conservation values by
restoring and conserving eligible land.
``SEC. 1265A. DEFINITIONS.
``In this subtitle:
``(1) Agricultural land easement.--The term `agricultural
land easement' means an easement or other interest in eligible
land that--
``(A) is conveyed for the purpose of protecting
natural resources and the agricultural nature of the
land; and
``(B) permits the landowner the right to continue
agricultural production and related uses subject to an
agricultural land easement plan, as approved by the
Secretary.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) an agency of State or local government or an
Indian tribe (including a farmland protection board or
land resource council established under State law); or
``(B) an organization that is--
``(i) organized for, and at all times since
the formation of the organization has been
operated principally for, 1 or more of the
conservation purposes specified in clause (i),
(ii), (iii), or (iv) of section 170(h)(4)(A) of
the Internal Revenue Code of 1986;
``(ii) an organization described in section
501(c)(3) of that Code that is exempt from
taxation under section 501(a) of that Code; or
``(iii) described in--
``(I) paragraph (1) or (2) of section
509(a) of that Code; or
``(II) section 509(a)(3) of that Code
and is controlled by an organization
described in section 509(a)(2) of that
Code.
``(3) Eligible land.--The term `eligible land' means private
or tribal land that is--
``(A) in the case of an agricultural land easement,
agricultural land, including land on a farm or ranch--
``(i) that is subject to a pending offer for
purchase of an agricultural land easement from
an eligible entity;
``(ii) that--
``(I) has prime, unique, or other
productive soil;
``(II) contains historical or
archaeological resources; or
``(III) the protection of which will
further a State or local policy
consistent with the purposes of the
program; and
``(iii) that is--
``(I) cropland;
``(II) rangeland;
``(III) grassland or land that
contains forbs, or shrubland for which
grazing is the predominate use;
``(IV) pastureland; or
``(V) nonindustrial private forest
land that contributes to the economic
viability of an offered parcel or
serves as a buffer to protect such land
from development;
``(B) in the case of a wetland easement, a wetland or
related area, including--
``(i) farmed or converted wetlands, together
with adjacent land that is functionally
dependent on that land, if the Secretary
determines it--
``(I) is likely to be successfully
restored in a cost effective manner;
and
``(II) will maximize the wildlife
benefits and wetland functions and
values, as determined by the Secretary
in consultation with the Secretary of
the Interior at the local level;
``(ii) cropland or grassland that was used
for agricultural production prior to flooding
from the natural overflow of--
``(I) a closed basin lake and
adjacent land that is functionally
dependent upon it, if the State or
other entity is willing to provide 50
percent share of the cost of an
easement;
``(II) a pothole and adjacent land
that is functionally dependent on it;
``(iii) farmed wetlands and adjoining lands
that--
``(I) are enrolled in the
conservation reserve program;
``(II) have the highest wetland
functions and values, as determined by
the Secretary; and
``(III) are likely to return to
production after they leave the
conservation reserve program;
``(iv) riparian areas that link wetlands that
are protected by easements or some other device
that achieves the same purpose as an easement;
or
``(v) other wetlands of an owner that would
not otherwise be eligible, if the Secretary
determines that the inclusion of such wetlands
in a wetland easement would significantly add
to the functional value of the easement; or
``(C) in the case of either an agricultural land
easement or wetland easement, other land that is
incidental to land described in subparagraph (A) or
(B), if the Secretary determines that it is necessary
for the efficient administration of the easements under
this program.
``(4) Program.--The term `program' means the agricultural
conservation easement program established by this subtitle.
``(5) Wetland easement.--The term `wetland easement' means a
reserved interest in eligible land that--
``(A) is defined and delineated in a deed; and
``(B) stipulates--
``(i) the rights, title, and interests in
land conveyed to the Secretary; and
``(ii) the rights, title, and interests in
land that are reserved to the landowner.
``SEC. 1265B. AGRICULTURAL LAND EASEMENTS.
``(a) Availability of Assistance.--The Secretary shall facilitate and
provide funding for--
``(1) the purchase by eligible entities of agricultural land
easements and other interests in eligible land; and
``(2) technical assistance to provide for the conservation of
natural resources pursuant to an agricultural land easement
plan.
``(b) Cost-share Assistance.--
``(1) In general.--The Secretary shall protect the
agricultural use, including grazing, and related conservation
values of eligible land through cost-share assistance to
eligible entities for purchasing agricultural land easements.
``(2) Scope of assistance available.--
``(A) Federal share.--An agreement described in
paragraph (4) shall provide for a Federal share
determined by the Secretary of an amount not to exceed
50 percent of the fair market value of the agricultural
land easement or other interest in land, as determined
by the Secretary using--
``(i) the Uniform Standards of Professional
Appraisal Practice;
``(ii) an area-wide market analysis or
survey; or
``(iii) another industry-approved method.
``(B) Non-federal share.--
``(i) In general.--Under the agreement, the
eligible entity shall provide a share that is
at least equivalent to that provided by the
Secretary.
``(ii) Source of contribution.--An eligible
entity may include as part of its share a
charitable donation or qualified conservation
contribution (as defined by section 170(h) of
the Internal Revenue Code of 1986) from the
private landowner if the eligible entity
contributes its own cash resources in an amount
that is at least 50 percent of the amount
contributed by the Secretary.
``(C) Exception.--In the case of grassland of special
environmental significance, as determined by the
Secretary, the Secretary may provide an amount not to
exceed 75 percent of the fair market value of the
agricultural land easement.
``(3) Evaluation and ranking of applications.--
``(A) Criteria.--The Secretary shall establish
evaluation and ranking criteria to maximize the benefit
of Federal investment under the program.
``(B) Considerations.--In establishing the criteria,
the Secretary shall emphasize support for--
``(i) protecting agricultural uses and
related conservation values of the land; and
``(ii) maximizing the protection of areas
devoted to agricultural use.
``(C) Bidding down.--If the Secretary determines that
2 or more applications for cost-share assistance are
comparable in achieving the purpose of the program, the
Secretary shall not assign a higher priority to any of
those applications solely on the basis of lesser cost
to the program.
``(4) Agreements with eligible entities.--
``(A) In general.--The Secretary shall enter into
agreements with eligible entities to stipulate the
terms and conditions under which the eligible entity is
permitted to use cost-share assistance provided under
this section.
``(B) Length of agreements.--An agreement shall be
for a term that is--
``(i) in the case of an eligible entity
certified under the process described in
paragraph (5), a minimum of five years; and
``(ii) for all other eligible entities, at
least three, but not more than five years.
``(C) Minimum terms and conditions.--An eligible
entity shall be authorized to use its own terms and
conditions for agricultural land easements so long as
the Secretary determines such terms and conditions--
``(i) are consistent with the purposes of the
program;
``(ii) permit effective enforcement of the
conservation purposes of such easements;
``(iii) include a right of enforcement for
the Secretary, that may be used only if the
terms of the easement are not enforced by the
holder of the easement;
``(iv) subject the land in which an interest
is purchased to an agricultural land easement
plan that--
``(I) describes the activities which
promote the long-term viability of the
land to meet the purposes for which the
easement was acquired;
``(II) requires the management of
grasslands according to a grasslands
management plan; and
``(III) includes a conservation plan,
where appropriate, and requires, at the
option of the Secretary, the conversion
of highly erodible cropland to less
intensive uses; and
``(v) include a limit on the impervious
surfaces to be allowed that is consistent with
the agricultural activities to be conducted.
``(D) Substitution of qualified projects.--An
agreement shall allow, upon mutual agreement of the
parties, substitution of qualified projects that are
identified at the time of the proposed substitution.
``(E) Effect of violation.--If a violation occurs of
a term or condition of an agreement under this
subsection--
``(i) the Secretary may terminate the
agreement; and
``(ii) the Secretary may require the eligible
entity to refund all or part of any payments
received by the entity under the program, with
interest on the payments as determined
appropriate by the Secretary.
``(5) Certification of eligible entities.--
``(A) Certification process.--The Secretary shall
establish a process under which the Secretary may--
``(i) directly certify eligible entities that
meet established criteria;
``(ii) enter into long-term agreements with
certified eligible entities; and
``(iii) accept proposals for cost-share
assistance for the purchase of agricultural
land easements throughout the duration of such
agreements.
``(B) Certification criteria.--In order to be
certified, an eligible entity shall demonstrate to the
Secretary that the entity will maintain, at a minimum,
for the duration of the agreement--
``(i) a plan for administering easements that
is consistent with the purpose of this
subtitle;
``(ii) the capacity and resources to monitor
and enforce agricultural land easements; and
``(iii) policies and procedures to ensure--
``(I) the long-term integrity of
agricultural land easements on eligible
land;
``(II) timely completion of
acquisitions of such easements; and
``(III) timely and complete
evaluation and reporting to the
Secretary on the use of funds provided
under the program.
``(C) Review and revision.--
``(i) Review.--The Secretary shall conduct a
review of eligible entities certified under
subparagraph (A) every three years to ensure
that such entities are meeting the criteria
established under subparagraph (B).
``(ii) Revocation.--If the Secretary finds
that the certified eligible entity no longer
meets the criteria established under
subparagraph (B), the Secretary may--
``(I) allow the certified eligible
entity a specified period of time, at a
minimum 180 days, in which to take such
actions as may be necessary to meet the
criteria; and
``(II) revoke the certification of
the eligible entity, if after the
specified period of time, the certified
eligible entity does not meet such
criteria.
``(c) Method of Enrollment.--The Secretary shall enroll eligible land
under this section through the use of--
``(1) permanent easements; or
``(2) easements for the maximum duration allowed under
applicable State laws.
``(d) Technical Assistance.--The Secretary may provide technical
assistance, if requested, to assist in--
``(1) compliance with the terms and conditions of easements;
and
``(2) implementation of an agricultural land easement plan.
``SEC. 1265C. WETLAND EASEMENTS.
``(a) Availability of Assistance.--The Secretary shall provide
assistance to owners of eligible land to restore, protect, and enhance
wetlands through--
``(1) wetland easements and related wetland easement plans;
and
``(2) technical assistance.
``(b) Easements.--
``(1) Method of enrollment.--The Secretary shall enroll
eligible land under this section through the use of--
``(A) 30-year easements;
``(B) permanent easements;
``(C) easements for the maximum duration allowed
under applicable State laws; or
``(D) as an option for Indian tribes only, 30-year
contracts (which shall be considered to be 30-year
easements for the purposes of this subtitle).
``(2) Limitations.--
``(A) Ineligible land.--The Secretary may not acquire
easements on--
``(i) land established to trees under the
conservation reserve program, except in cases
where the Secretary determines it would further
the purposes of the program; and
``(ii) farmed wetlands or converted wetlands
where the conversion was not commenced prior to
December 23, 1985.
``(B) Changes in ownership.--No wetland easement
shall be created on land that has changed ownership
during the preceding 24-month period unless--
``(i) the new ownership was acquired by will
or succession as a result of the death of the
previous owner;
``(ii)(I) the ownership change occurred
because of foreclosure on the land; and
``(II) immediately before the foreclosure,
the owner of the land exercises a right of
redemption from the mortgage holder in
accordance with State law; or
``(iii) the Secretary determines that the
land was acquired under circumstances that give
adequate assurances that such land was not
acquired for the purposes of placing it in the
program.
``(3) Evaluation and ranking of offers.--
``(A) Criteria.--The Secretary shall establish
evaluation and ranking criteria to maximize the benefit
of Federal investment under the program.
``(B) Considerations.--When evaluating offers from
landowners, the Secretary may consider--
``(i) the conservation benefits of obtaining
a wetland easement, including the potential
environmental benefits if the land was removed
from agricultural production;
``(ii) the cost-effectiveness of each wetland
easement, so as to maximize the environmental
benefits per dollar expended;
``(iii) whether the landowner or another
person is offering to contribute financially to
the cost of the wetland easement to leverage
Federal funds; and
``(iv) such other factors as the Secretary
determines are necessary to carry out the
purposes of the program.
``(C) Priority.--The Secretary shall place priority
on acquiring wetland easements based on the value of
the wetland easement for protecting and enhancing
habitat for migratory birds and other wildlife.
``(4) Agreement.--To be eligible to place eligible land into
the program through a wetland easement, the owner of such land
shall enter into an agreement with the Secretary to--
``(A) grant an easement on such land to the
Secretary;
``(B) authorize the implementation of a wetland
easement plan developed for the eligible land under
subsection (f);
``(C) create and record an appropriate deed
restriction in accordance with applicable State law to
reflect the easement agreed to;
``(D) provide a written statement of consent to such
easement signed by those holding a security interest in
the land;
``(E) comply with the terms and conditions of the
easement and any related agreements; and
``(F) permanently retire any existing base history
for the land on which the easement has been obtained.
``(5) Terms and conditions of easement.--
``(A) In general.--A wetland easement shall include
terms and conditions that--
``(i) permit--
``(I) repairs, improvements, and
inspections on the land that are
necessary to maintain existing public
drainage systems; and
``(II) owners to control public
access on the easement areas while
identifying access routes to be used
for restoration activities and
management and easement monitoring;
``(ii) prohibit--
``(I) the alteration of wildlife
habitat and other natural features of
such land, unless specifically
authorized by the Secretary;
``(II) the spraying of such land with
chemicals or the mowing of such land,
except where such spraying or mowing is
authorized by the Secretary or is
necessary--
``(aa) to comply with Federal
or State noxious weed control
laws;
``(bb) to comply with a
Federal or State emergency pest
treatment program; or
``(cc) to meet habitat needs
of specific wildlife species;
``(III) any activities to be carried
out on the owner's or successor's land
that is immediately adjacent to, and
functionally related to, the land that
is subject to the easement if such
activities will alter, degrade, or
otherwise diminish the functional value
of the eligible land; and
``(IV) the adoption of any other
practice that would tend to defeat the
purposes of the program, as determined
by the Secretary;
``(iii) provide for the efficient and
effective establishment of wildlife functions
and values; and
``(iv) include such additional provisions as
the Secretary determines are desirable to carry
out the program or facilitate the practical
administration thereof.
``(B) Violation.--On the violation of the terms or
conditions of a wetland easement, the wetland easement
shall remain in force and the Secretary may require the
owner to refund all or part of any payments received by
the owner under the program, together with interest
thereon as determined appropriate by the Secretary.
``(C) Compatible uses.--Land subject to a wetland
easement may be used for compatible economic uses,
including such activities as hunting and fishing,
managed timber harvest, or periodic haying or grazing,
if such use is specifically permitted by the wetland
easement plan developed for the land under subsection
(f) and is consistent with the long-term protection and
enhancement of the wetland resources for which the
easement was established.
``(D) Reservation of grazing rights.--The Secretary
may include in the terms and conditions of a wetland
easement a provision under which the owner reserves
grazing rights if--
``(i) the Secretary determines that the
reservation and use of the grazing rights--
``(I) is compatible with the land
subject to the easement;
``(II) is consistent with the
historical natural uses of the land and
the long-term protection and
enhancement goals for which the
easement was established; and
``(III) complies with the wetland
easement plan developed for the land
under subsection (f); and
``(ii) the agreement provides for a
commensurate reduction in the easement payment
to account for the grazing value, as determined
by the Secretary.
``(6) Compensation.--
``(A) Determination.--
``(i) Permanent easements.--The Secretary
shall pay as compensation for a permanent
wetland easement acquired under the program an
amount necessary to encourage enrollment in the
program, based on the lowest of--
``(I) the fair market value of the
land, as determined by the Secretary,
using the Uniform Standards of
Professional Appraisal Practice or an
area-wide market analysis or survey;
``(II) the amount corresponding to a
geographical cap, as determined by the
Secretary in regulations; or
``(III) the offer made by the
landowner.
``(ii) 30-year easements.--Compensation for a
30-year wetland easement shall be not less than
50 percent, but not more than 75 percent, of
the compensation that would be paid for a
permanent wetland easement.
``(B) Form of payment.--Compensation for a wetland
easement shall be provided by the Secretary in the form
of a cash payment, in an amount determined under
subparagraph (A).
``(C) Payment schedule.--
``(i) Easements valued at $500,000 or less.--
For wetland easements valued at $500,000 or
less, the Secretary may provide easement
payments in not more than 10 annual payments.
``(ii) Easements valued at more than
$500,000.--For wetland easements valued at more
than $500,000, the Secretary may provide
easement payments in at least 5, but not more
than 10 annual payments, except that, if the
Secretary determines it would further the
purposes of the program, the Secretary may make
a lump sum payment for such an easement.
``(c) Easement Restoration.--
``(1) In general.--The Secretary shall provide financial
assistance to owners of eligible land to carry out the
establishment of conservation measures and practices and
protect wetland functions and values, including necessary
maintenance activities, as set forth in a wetland easement plan
developed for the eligible land under subsection (f).
``(2) Payments.--The Secretary shall--
``(A) in the case of a permanent wetland easement,
pay an amount that is not less than 75 percent, but not
more than 100 percent, of the eligible costs, as
determined by the Secretary; and
``(B) in the case of a 30-year wetland easement, pay
an amount that is not less than 50 percent, but not
more than 75 percent, of the eligible costs, as
determined by the Secretary.
``(d) Technical Assistance.--
``(1) In general.--The Secretary shall assist owners in
complying with the terms and conditions of wetland easements.
``(2) Contracts or agreements.--The Secretary may enter into
1 or more contracts with private entities or agreements with a
State, non-governmental organization, or Indian tribe to carry
out necessary restoration, enhancement, or maintenance of a
wetland easement if the Secretary determines that the contract
or agreement will advance the purposes of the program.
``(e) Wetland Enhancement Option.--The Secretary may enter into 1 or
more agreements with a State (including a political subdivision or
agency of a State), nongovernmental organization, or Indian tribe to
carry out a special wetland enhancement option that the Secretary
determines would advance the purposes of program.
``(f) Administration.--
``(1) Wetland easement plan.--The Secretary shall develop a
wetland easement plan for eligible lands subject to a wetland
easement, which shall include practices and activities
necessary to restore, protect, enhance, and maintain the
enrolled lands.
``(2) Delegation of easement administration.--The Secretary
may delegate--
``(A) any of the easement management, monitoring, and
enforcement responsibilities of the Secretary to other
Federal or State agencies that have the appropriate
authority, expertise, and resources necessary to carry
out such delegated responsibilities; and
``(B) any of the easement management responsibilities
of the Secretary to other conservation organizations if
the Secretary determines the organization has the
appropriate expertise and resources.
``(3) Payments.--
``(A) Timing of payments.--The Secretary shall
provide payment for obligations incurred by the
Secretary under this section--
``(i) with respect to any easement
restoration obligation under subsection (c), as
soon as possible after the obligation is
incurred; and
``(ii) with respect to any annual easement
payment obligation incurred by the Secretary,
as soon as possible after October 1 of each
calendar year.
``(B) Payments to others.--If an owner who is
entitled to a payment under this section dies, becomes
incompetent, is otherwise unable to receive such
payment, or is succeeded by another person or entity
who renders or completes the required performance, the
Secretary shall make such payment, in accordance with
regulations prescribed by the Secretary and without
regard to any other provision of law, in such manner as
the Secretary determines is fair and reasonable in
light of all of the circumstances.
``SEC. 1265D. ADMINISTRATION.
``(a) Ineligible Land.--The Secretary may not use program funds for
the purposes of acquiring an easement on--
``(1) lands owned by an agency of the United States, other
than land held in trust for Indian tribes;
``(2) lands owned in fee title by a State, including an
agency or a subdivision of a State, or a unit of local
government;
``(3) land subject to an easement or deed restriction which,
as determined by the Secretary, provides similar protection as
would be provided by enrollment in the program; or
``(4) lands where the purposes of the program would be
undermined due to on-site or off-site conditions, such as risk
of hazardous substances, proposed or existing rights of way,
infrastructure development, or adjacent land uses.
``(b) Priority.--In evaluating applications under the program, the
Secretary may give priority to land that is currently enrolled in the
conservation reserve program in a contract that is set to expire within
1 year and--
``(1) in the case of an agricultural land easement, is
grassland that would benefit from protection under a long-term
easement; and
``(2) in the case of a wetland easement, is a wetland or
related area with the highest functions and value and is likely
to return to production after the land leaves the conservation
reserve program.
``(c) Subordination, Exchange, Modification, and Termination.--
``(1) In general.--The Secretary may subordinate, exchange,
modify, or terminate any interest in land, or portion of such
interest, administered by the Secretary, either directly or on
behalf of the Commodity Credit Corporation under the program if
the Secretary determines that--
``(A) it is in the Federal Government's interest to
subordinate, exchange, modify, or terminate the
interest in land;
``(B) the subordination, exchange, modification, or
termination action--
``(i) will address a compelling public need
for which there is no practicable alternative;
or
``(ii) such action will further the practical
administration of the program; and
``(C) the subordination, exchange, modification, or
termination action will result in comparable
conservation value and equivalent or greater economic
value to the United States.
``(2) Consultation.--The Secretary shall work with the owner,
and eligible entity if applicable, to address any
subordination, exchange, modification, or termination of the
interest, or portion of such interest, in land.
``(3) Notice.--At least 90 days before taking any termination
action described in paragraph (1), the Secretary shall provide
written notice of such action to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
``(d) Land Enrolled in Conservation Reserve Program.--The Secretary
may terminate or modify a contract entered into under section 1231(a)
if eligible land that is subject to such contract is transferred into
the program.
``(e) Allocation of Funds for Agricultural Land Easements.--Of the
funds made available under section 1241 to carry out the program for a
fiscal year, the Secretary shall, to the extent practicable, use for
agricultural land easements--
``(1) no less than 40 percent in each of fiscal years 2013
through 2016; and
``(2) no less than 50 percent in fiscal year 2017.''.
(b) Compliance With Certain Requirements.--Before an eligible entity
or owner of eligible land may receive assistance under subtitle H of
title XII of the Food Security Act of 1985, the eligible entity or
person shall agree, during the crop year for which the assistance is
provided and in exchange for the assistance--
(1) to comply with applicable conservation requirements under
subtitle B of title XII of that Act (16 U.S.C. 3811 et seq.);
and
(2) to comply with applicable wetland protection requirements
under subtitle C of title XII of that Act (16 U.S.C. 3821 et
seq.).
(c) Cross Reference; Calculation.--Section 1244 of the Food Security
Act of 1985 (16 U.S.C. 3844) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``and'' at the end of
subparagraph (A);
(ii) by striking ``and'' at the end of
subparagraph (B); and
(iii) by striking subparagraph (C);
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following
new subparagraph:
``(2) the agricultural conservation easement program
established under subtitle H; and''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``programs administered under subchapters B and
C of chapter 1 of subtitle D'' and inserting
``conservation reserve program established
under subchapter B of chapter 1 of subtitle D
and wetland easements under section 1265C'';
and
(ii) in subparagraph (B), by striking ``an
easement acquired under subchapter C of chapter
1 of subtitle D'' and inserting ``a wetland
easement under section 1265C''; and
(B) by adding at the end the following new paragraph:
``(5) Calculation.--In calculating the percentages described
in paragraph (1), the Secretary shall include any acreage that
was included in calculations of percentages made under such
paragraph, as in effect on September 30, 2012, and that remains
enrolled when the calculation is made after that date under
paragraph (1).''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
Subtitle E--Regional Conservation Partnership Program
SEC. 2401. REGIONAL CONSERVATION PARTNERSHIP PROGRAM.
(a) In General.--Title XII of the Food Security Act of 1985 is
amended by inserting after subtitle H, as added by section 2301, the
following new subtitle:
``Subtitle I--Regional Conservation Partnership Program
``SEC. 1271. ESTABLISHMENT AND PURPOSES.
``(a) Establishment.--The Secretary shall establish a regional
conservation partnership program to implement eligible activities on
eligible land through--
``(1) partnership agreements with eligible partners; and
``(2) contracts with producers.
``(b) Purposes.--The purposes of the program are as follows:
``(1) To use covered programs to accomplish purposes and
functions similar to those of the following programs, as in
effect on September 30, 2012:
``(A) The agricultural water enhancement program
established under section 1240I.
``(B) The Chesapeake Bay watershed program
established under section 1240Q.
``(C) The cooperative conservation partnership
initiative established under section 1243.
``(D) The Great Lakes basin program for soil erosion
and sediment control established under section 1240P.
``(2) To further the conservation, restoration, and
sustainable use of soil, water, wildlife, and related natural
resources on eligible land on a regional or watershed scale.
``(3) To encourage eligible partners to cooperate with
producers in--
``(A) meeting or avoiding the need for national,
State, and local natural resource regulatory
requirements related to production on eligible land;
and
``(B) implementing projects that will result in the
carrying out of eligible activities that affect
multiple agricultural or nonindustrial private forest
operations on a local, regional, State, or multi-State
basis.
``SEC. 1271A. DEFINITIONS.
``In this subtitle:
``(1) Covered program.--The term `covered program' means the
following:
``(A) The agricultural conservation easement program.
``(B) The environmental quality incentives program.
``(C) The conservation stewardship program.
``(2) Eligible activity.--The term `eligible activity' means
any of the following conservation activities:
``(A) Water quality or quantity conservation,
restoration, or enhancement projects relating to
surface water and groundwater resources, including--
``(i) the conversion of irrigated cropland to
the production of less water-intensive
agricultural commodities or dryland farming; or
``(ii) irrigation system improvement and
irrigation efficiency enhancement.
``(B) Drought mitigation.
``(C) Flood prevention.
``(D) Water retention.
``(E) Air quality improvement.
``(F) Habitat conservation, restoration, and
enhancement.
``(G) Erosion control and sediment reduction.
``(H) Other related activities that the Secretary
determines will help achieve conservation benefits.
``(3) Eligible land.--The term `eligible land' means land on
which agricultural commodities, livestock, or forest-related
products are produced, including--
``(A) cropland;
``(B) grassland;
``(C) rangeland;
``(D) pastureland;
``(E) nonindustrial private forest land; and
``(F) other land incidental to agricultural
production (including wetlands and riparian buffers) on
which significant natural resource issues could be
addressed under the program.
``(4) Eligible partner.--The term `eligible partner' means
any of the following:
``(A) An agricultural or silvicultural producer
association or other group of producers.
``(B) A State or unit of local government.
``(C) An Indian tribe.
``(D) A farmer cooperative.
``(E) A water district, irrigation district, rural
water district or association, or other organization
with specific water delivery authority to producers on
agricultural land.
``(F) An institution of higher education.
``(G) An organization with an established history of
working cooperatively with producers on agricultural
land, as determined by the Secretary, to address--
``(i) local conservation priorities related
to agricultural production, wildlife habitat
development, or nonindustrial private forest
land management; or
``(ii) critical watershed-scale soil erosion,
water quality, sediment reduction, or other
natural resource issues.
``(5) Partnership agreement.--The term `partnership
agreement' means an agreement entered into under section 1271B
between the Secretary and an eligible partner.
``(6) Program.--The term `program' means the regional
conservation partnership program established by this subtitle.
``SEC. 1271B. REGIONAL CONSERVATION PARTNERSHIPS.
``(a) Partnership Agreements Authorized.--The Secretary may enter
into a partnership agreement with an eligible partner to implement a
project that will assist producers with installing and maintaining an
eligible activity on eligible land.
``(b) Length.--A partnership agreement shall be for a period not to
exceed 5 years, except that the Secretary may extend the agreement one
time for up to 12 months when an extension is necessary to meet the
objectives of the program.
``(c) Duties of Partners.--
``(1) In general.--Under a partnership agreement, the
eligible partner shall--
``(A) define the scope of a project, including--
``(i) the eligible activities to be
implemented;
``(ii) the potential agricultural or
nonindustrial private forest land operations
affected;
``(iii) the local, State, multi-State, or
other geographic area covered; and
``(iv) the planning, outreach,
implementation, and assessment to be conducted;
``(B) conduct outreach to producers for potential
participation in the project;
``(C) at the request of a producer, act on behalf of
a producer participating in the project in applying for
assistance under section 1271C;
``(D) leverage financial or technical assistance
provided by the Secretary with additional funds to help
achieve the project objectives;
``(E) conduct an assessment of the project's effects;
and
``(F) at the conclusion of the project, report to the
Secretary on its results and funds leveraged.
``(2) Contribution.--An eligible partner shall provide a
significant portion of the overall costs of the scope of the
project that is the subject of the agreement entered into under
subsection (a), as determined by the Secretary.
``(d) Applications.--
``(1) Competitive process.--The Secretary shall conduct a
competitive process to select applications for partnership
agreements and may assess and rank applications with similar
conservation purposes as a group.
``(2) Criteria used.--In carrying out the process described
in paragraph (1), the Secretary shall make public the criteria
used in evaluating applications.
``(3) Content.--An application to the Secretary shall include
a description of--
``(A) the scope of the project, as described in
subsection (c)(1)(A);
``(B) the plan for monitoring, evaluating, and
reporting on progress made towards achieving the
project's objectives;
``(C) the program resources requested for the
project, including the covered programs to be used and
estimated funding needed from the Secretary;
``(D) eligible partners collaborating to achieve
project objectives, including their roles,
responsibilities, capabilities, and financial
contribution; and
``(E) any other elements the Secretary considers
necessary to adequately evaluate and competitively
select applications for funding under the program.
``(4) Priority to certain applications.--The Secretary may
give a higher priority to applications that--
``(A) assist producers in meeting or avoiding the
need for a natural resource regulatory requirement;
``(B) have a high percentage of eligible producers in
the area to be covered by the agreement;
``(C) significantly leverage non-Federal financial
and technical resources and coordinate with other
local, State, or national efforts;
``(D) deliver high percentages of applied
conservation to address conservation priorities or
regional, State, or national conservation initiatives;
``(E) provide innovation in conservation methods and
delivery, including outcome-based performance measures
and methods; or
``(F) meet other factors that are important for
achieving the purposes of the program, as determined by
the Secretary.
``SEC. 1271C. ASSISTANCE TO PRODUCERS.
``(a) In General.--The Secretary shall enter into contracts with
producers to provide financial and technical assistance to--
``(1) producers participating in a project with an eligible
partner, as described in section 1271B; or
``(2) producers that fit within the scope of a project
described in section 1271B or a critical conservation area
designated under section 1271F, but who are seeking to
implement an eligible activity on eligible land independent of
a partner.
``(b) Terms and Conditions.--
``(1) Consistency with program rules.--Except as provided in
paragraph (2), the Secretary shall ensure that the terms and
conditions of a contract under this section are consistent with
the applicable rules of the covered programs to be used as part
of the project, as described in the application under section
1271B(d)(3)(C).
``(2) Adjustments.--Except with respect to statutory program
requirements governing appeals, payment limitations, and
conservation compliance, the Secretary may adjust the
discretionary program rules of a covered program--
``(A) to provide a simplified application and
evaluation process; and
``(B) to better reflect unique local circumstances
and purposes if the Secretary determines such
adjustments are necessary to achieve the purposes of
the program.
``(c) Payments.--
``(1) In general.--In accordance with statutory requirements
of the covered programs involved, the Secretary may make
payments to a producer in an amount determined by the Secretary
to be necessary to achieve the purposes of the program.
``(2) Payments to producers in states with water quantity
concerns.--The Secretary may provide payments to producers
participating in a project that addresses water quantity
concerns for a period of five years in an amount sufficient to
encourage conversion from irrigated farming to dryland farming.
``(3) Waiver authority.--To assist in the implementation of
the program, the Secretary may waive the applicability of the
limitation in section 1001D(b)(2) of this Act for participating
producers if the Secretary determines that the waiver is
necessary to fulfill the objectives of the program.
``SEC. 1271D. FUNDING.
``(a) Availability of Funds.--The Secretary shall use $100,000,000 of
the funds of the Commodity Credit Corporation for each of fiscal years
2013 through 2017 to carry out the program.
``(b) Duration of Availability.--Funds made available under
subsection (a) shall remain available until expended.
``(c) Additional Funding and Acres.--
``(1) In general.--In addition to the funds made available
under subsection (a), the Secretary shall reserve 6 percent of
the funds and acres made available for a covered program for
each of fiscal years 2013 through 2017 in order to ensure
additional resources are available to carry out this program.
``(2) Unused funds and acres.--Any funds or acres reserved
under paragraph (1) for a fiscal year from a covered program
that are not obligated under this program by April 1 of that
fiscal year shall be returned for use under the covered
program.
``(d) Allocation of Funding.--Of the funds and acres made available
for the program under subsections (a) and (c), the Secretary shall
allocate--
``(1) 25 percent of the funds and acres to projects based on
a State competitive process administered by the State
Conservationist, with the advice of the State technical
committee established under subtitle G;
``(2) 50 percent of the funds and acres to projects based on
a national competitive process to be established by the
Secretary; and
``(3) 25 percent of the funds and acres to projects for the
critical conservation areas designated under section 1271F.
``(e) Limitation on Administrative Expenses.--None of the funds made
available under the program may be used to pay for the administrative
expenses of eligible partners.
``SEC. 1271E. ADMINISTRATION.
``(a) Disclosure.--In addition to the criteria used in evaluating
applications as described in section 1271B(d)(2), the Secretary shall
make publicly available information on projects selected through the
competitive process described in section 1271B(d)(1).
``(b) Reporting.--Not later than December 31, 2013, and every two
years thereafter, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on the
status of projects funded under the program, including--
``(1) the number and types of eligible partners and producers
participating in the partnership agreements selected;
``(2) the number of producers receiving assistance; and
``(3) total funding committed to projects, including from
Federal and non-Federal resources.
``SEC. 1271F. CRITICAL CONSERVATION AREAS.
``(a) In General.--In administering funds under section 1271D(d)(3),
the Secretary shall select applications for partnership agreements and
producer contracts within critical conservation areas designated under
this section.
``(b) Critical Conservation Area Designations.--
``(1) Priority.--In designating critical conservation areas
under this section, the Secretary shall give priority to
geographical areas based on the degree to which the
geographical area--
``(A) includes multiple States with significant
agricultural production;
``(B) is covered by an existing regional, State,
binational, or multistate agreement or plan that has
established objectives, goals, and work plans and is
adopted by a Federal, State, or regional authority;
``(C) would benefit from water quality improvement,
including through reducing erosion, promoting sediment
control, and addressing nutrient management activities
affecting large bodies of water of regional, national,
or international significance;
``(D) would benefit from water quantity improvement,
including improvement relating to--
``(i) groundwater, surface water, aquifer, or
other water sources; or
``(ii) a need to promote water retention and
flood prevention; or
``(E) contains producers that need assistance in
meeting or avoiding the need for a natural resource
regulatory requirement that could have a negative
economic impact on agricultural operations within the
area.
``(2) Limitation.--The Secretary may not designate more than
8 geographical areas as critical conservation areas under this
section.
``(c) Administration.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall administer any partnership agreement or
producer contract under this section in a manner that is
consistent with the terms of the program.
``(2) Relationship to existing activity.--The Secretary
shall, to the maximum extent practicable, ensure that eligible
activities carried out in critical conservation areas
designated under this section complement and are consistent
with other Federal and State programs and water quality and
quantity strategies.
``(3) Additional authority.--For a critical conservation area
described in subsection (b)(1)(D), the Secretary may use
authorities under the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001 et seq.), other than section 14 of such Act
(16 U.S.C. 1012), to carry out projects for the purposes of
this section.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
Subtitle F--Other Conservation Programs
SEC. 2501. CONSERVATION OF PRIVATE GRAZING LAND.
Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C.
3839bb(e)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 2502. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
Section 1240O(b) of the Food Security Act of 1985 (16 U.S.C. 3839bb-
2) is amended to read as follows:
``(b) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2008 through 2017.
``(2) Availability of funds.--In addition to funds made
available under paragraph (1), of the funds of the Commodity
Credit Corporation, the Secretary shall use $5,000,000, to
remain available until expended.''.
SEC. 2503. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
(a) Funding.--Section 1240R(f) of the Food Security Act of 1985 (16
U.S.C. 3839bb-5(f)) is amended by inserting before the period at the
end the following: ``and $30,000,000 for the period of fiscal years
2013 through 2017''.
(b) Report on Program Effectiveness.--Not later than two years after
the date of the enactment of this Act, the Secretary of Agriculture
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report evaluating the effectiveness of the
voluntary public access program established by section 1240R of the
Food Security Act of 1985 (16 U.S.C. 3839bb-5), including--
(1) identifying cooperating agencies;
(2) identifying the number of land holdings and total acres
enrolled by each State and tribal government;
(3) evaluating the extent of improved access on eligible
lands, improved wildlife habitat, and related economic
benefits; and
(4) any other relevant information and data relating to the
program that would be helpful to such Committees.
SEC. 2504. AGRICULTURE CONSERVATION EXPERIENCED SERVICES PROGRAM.
(a) Funding.--Subsection (c) of section 1252 of the Food Security Act
of 1985 (16 U.S.C. 3851) is amended to read as follows:
``(c) Funding.--
``(1) In general.--The Secretary may carry out the ACES
program using funds made available to carry out each program
under this title.
``(2) Exclusion.--Funds made available to carry out the
conservation reserve program may not be used to carry out the
ACES program.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2505. SMALL WATERSHED REHABILITATION PROGRAM.
(a) Availability of Funds.--Section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)) is amended--
(1) in subparagraph (E), by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (F), by striking the period and inserting
a semicolon;
(3) in subparagraph (G), by striking the period and inserting
``; and''; and
(4) by adding at the end the following new subparagraph:
``(H) $250,000,000 for fiscal year 2013, to remain
available until expended.''.
(b) Authorization of Appropriations.--Section 14(h)(2)(E) of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)(E))
is amended by striking ``2012'' and inserting ``2017''.
SEC. 2506. AGRICULTURAL MANAGEMENT ASSISTANCE PROGRAM.
(a) Uses.--Section 524(b)(2) of the Federal Crop Insurance Act (7
U.S.C. 1524(b)(2)) is amended--
(1) by striking subparagraph (B) and redesignating
subparagraphs (C) through (F) as subparagraphs (B) through (E),
respectively; and
(2) in subparagraph (B) (as so redesignated)--
(A) in the matter preceding clause (i), by striking
``or resource conservation practices''; and
(B) by striking clause (i) and redesignating clauses
(ii) through (iv) as clauses (i) through (iii),
respectively.
(b) Commodity Credit Corporation.--
(1) Funding.--Section 524(b)(4)(B) of the Federal Crop
Insurance Act (7 U.S.C. 1524(b)(4)(B)) is amended to read as
follows:
``(B) Funding.--The Commodity Credit Corporation
shall make available to carry out this subsection not
less than $10,000,000 for each fiscal year.''.
(2) Certain uses.--Section 524(b)(4)(C) of the Federal Crop
Insurance Act (7 U.S.C. 1524(b)(4)(C)) is amended--
(A) in clause (i)--
(i) by striking ``50'' and inserting ``30'';
and
(ii) by striking ``(A), (B), and (C)'' and
inserting ``(A) and (B)''; and
(B) in clause (iii), by striking ``40'' and inserting
``60''.
Subtitle G--Funding and Administration
SEC. 2601. FUNDING.
(a) In General.--Subsection (a) of section 1241 of the Food Security
Act of 1985 (16 U.S.C. 3841) is amended to read as follows:
``(a) Annual Funding.--For each of fiscal years 2013 through 2017,
the Secretary shall use the funds, facilities, and authorities of the
Commodity Credit Corporation to carry out the following programs under
this title (including the provision of technical assistance):
``(1) The conservation reserve program under subchapter B of
chapter 1 of subtitle D, including, to the maximum extent
practicable, $25,000,000 for the period of fiscal years 2013
through 2017 to carry out section 1235(f) to facilitate the
transfer of land subject to contracts from retired or retiring
owners and operators to beginning farmers or ranchers and
socially disadvantaged farmers or ranchers.
``(2) The agriculture conservation easement program under
subtitle H, using, to the maximum extent practicable--
``(A) $450,000,000 in fiscal year 2013;
``(B) $475,000,000 in fiscal year 2014;
``(C) $500,000,000 in fiscal year 2015;
``(D) $525,000,000 in fiscal year 2016; and
``(E) $266,000,000 in fiscal year 2017.
``(3) The conservation security program under subchapter A of
chapter 2 of subtitle D, using such sums as are necessary to
administer contracts entered into before September 30, 2008.
``(4) The conservation stewardship program under subchapter B
of chapter 2 of subtitle D.
``(5) The environmental quality incentives program under
chapter 4 of subtitle D, using, to the maximum extent
practicable, $1,750,000,000 for each of fiscal years 2013
through 2017.''.
(b) Guaranteed Availability of Funds.--Section 1241 of the Food
Security Act of 1985 (16 U.S.C. 3841) is amended--
(1) by redesignating subsections (b) through (h) as
subsections (c) through (i); respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Availability of Funds.--Amounts made available by subsection
(a) shall be used by the Secretary to carry out the programs specified
in such subsection for fiscal years 2013 through 2017 and shall remain
available until expended. Amounts made available for the programs
specified in such subsection during a fiscal year through
modifications, cancellations, terminations, and other related
administrative actions and not obligated in that fiscal year shall
remain available for obligation during subsequent fiscal years, but
shall reduce the amount of additional funds made available in the
subsequent fiscal year by an amount equal to the amount remaining
unobligated.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
SEC. 2602. TECHNICAL ASSISTANCE.
(a) In General.--Subsection (c) of section 1241 of the Food Security
Act of 1985 (16 U.S.C. 3841), as redesignated by section 2601(b)(1) of
this Act, is amended to read as follows:
``(c) Technical Assistance.--
``(1) Availability of funds.--Commodity Credit Corporation
funds made available for a fiscal year for each of the programs
specified in subsection (a)--
``(A) shall be available for the provision of
technical assistance for the programs for which funds
are made available as necessary to implement the
programs effectively; and
``(B) shall not be available for the provision of
technical assistance for conservation programs
specified in subsection (a) other than the program for
which the funds were made available.
``(2) Report.--Not later than December 31, 2012, the
Secretary shall submit (and update as necessary in subsequent
years) to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report--
``(A) detailing the amount of technical assistance
funds requested and apportioned in each program
specified in subsection (a) during the preceding fiscal
year; and
``(B) any other data relating to this subsection that
would be helpful to such Committees.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2603. REGIONAL EQUITY.
(a) In General.--Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended by striking subsection (e) (as redesignated by
section 2601(b)(1) of this Act) and inserting the following:
``(e) Regional Equity.--
``(1) Equitable distribution.--In determining funding
allocations each fiscal year, the Secretary shall, after
considering available funding and program demand in each State,
provide a distribution of funds for conservation programs under
subtitle D (excluding the conservation reserve program under
subchapter B of chapter 1), subtitle H (excluding wetland
easements under section 1265C), and subtitle I to ensure
equitable program participation proportional to historical
funding allocations and usage by all States.
``(2) Minimum percentage.--In determining the specific
funding allocations under paragraph (1), the Secretary shall--
``(A) ensure that during the first quarter of each
fiscal year each State has the opportunity to establish
that the State can use an aggregate allocation amount
of at least 0.6 percent of the funds made available for
those conservation programs; and
``(B) for each State that can so establish, provide
an aggregate amount of at least 0.6 percent of the
funds made available for those conservation
programs.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2604. RESERVATION OF FUNDS TO PROVIDE ASSISTANCE TO CERTAIN
FARMERS OR RANCHERS FOR CONSERVATION ACCESS.
(a) In General.--Subsection (h) of section 1241 of the Food Security
Act of 1985 (16 U.S.C. 3841) (as redesignated by section 2601(b)(1)) is
amended--
(1) in paragraph (1) by striking ``2012'' and inserting
``2017''; and
(2) by adding at the end the following new paragraph:
``(4) Preference.--In providing assistance under paragraph
(1), the Secretary shall give preference to a veteran farmer or
rancher (as defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e))) that qualifies under subparagraph (A) or (B) of
paragraph (1).''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
SEC. 2605. ANNUAL REPORT ON PROGRAM ENROLLMENTS AND ASSISTANCE.
(a) In General.--Subsection (i) (as redesignated by section
2601(b)(1)) of section 1241 of the Food Security Act of 1985 (16 U.S.C.
3841) is amended--
(1) in paragraph (1), by striking ``wetlands reserve
program'' and inserting ``agricultural conservation easement
program'';
(2) by striking paragraphs (2) and (3) and redesignating
paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4),
respectively; and
(3) in paragraph (3) (as so redesignated)--
(A) by striking ``agricultural water enhancement
program'' and inserting ``regional conservation
partnership program''; and
(B) by striking ``1240I(g)'' and inserting
``1271C(c)(3)''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
SEC. 2606. REVIEW OF CONSERVATION PRACTICE STANDARDS.
Section 1242(h)(1)(A) of the Food Security Act of 1985 (16 U.S.C.
3842(h)(1)(A)) is amended by striking ``the Food, Conservation, and
Energy Act of 2008'' and inserting ``the Federal Agriculture Reform and
Risk Management Act of 2012''.
SEC. 2607. ADMINISTRATIVE REQUIREMENTS APPLICABLE TO ALL CONSERVATION
PROGRAMS.
(a) In General.--Section 1244 of the Food Security Act of 1985 (16
U.S.C. 3844) is amended--
(1) in subsection (a)(2), by adding at the end the following
new subparagraph:
``(E) Veteran farmers or ranchers (as defined in
section 2501(e) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(e))).'';
(2) in subsection (d), by inserting ``, H, and I'' before the
period at the end;
(3) in subsection (f)--
(A) in paragraph (1)(B), by striking ``country'' and
inserting ``county''; and
(B) in paragraph (3), by striking ``subsection
(c)(2)(B) or (f)(4)'' and inserting ``subsection
(c)(2)(A)(ii) or (f)(2)''; and
(4) by adding at the end the following new subsections:
``(j) Improved Administrative Efficiency and Effectiveness.--In
administrating a conservation program under this title, the Secretary
shall, to the maximum extent practicable--
``(1) seek to reduce administrative burdens and costs to
producers by streamlining conservation planning and program
resources; and
``(2) take advantage of new technologies to enhance
efficiency and effectiveness.
``(k) Relation to Other Payments.--Any payment received by an owner
or operator under this title, including an easement payment or rental
payment, shall be in addition to, and not affect, the total amount of
payments that the owner or operator is otherwise eligible to receive
under any of the following:
``(1) This Act.
``(2) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).
``(3) The Federal Agriculture Reform and Risk Management Act
of 2012.
``(4) Any law that succeeds a law specified in paragraph (1),
(2), or (3).''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
SEC. 2608. STANDARDS FOR STATE TECHNICAL COMMITTEES.
Section 1261(b) of the Food Security Act of 1985 (16 U.S.C. 3861(b))
is amended by striking ``Not later than 180 days after the date of
enactment of the Food, Conservation, and Energy Act of 2008, the
Secretary shall develop'' and inserting ``The Secretary shall review
and update as necessary''.
SEC. 2609. RULEMAKING AUTHORITY.
Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C.
3841 et seq.) is amended by adding at the end the following new
section:
``SEC. 1246. REGULATIONS.
``(a) In General.--The Secretary shall promulgate such regulations as
are necessary to implement programs under this title, including such
regulations as the Secretary determines to be necessary to ensure a
fair and reasonable application of the limitations established under
section 1244(f).
``(b) Rulemaking Procedure.--The promulgation of regulations and
administration of programs under this title--
``(1) shall be carried out without regard to--
``(A) the Statement of Policy of the Secretary
effective July 24, 1971 (36 Fed. Reg. 13804), relating
to notices of proposed rulemaking and public
participation in rulemaking; and
``(B) chapter 35 of title 44, United States Code
(commonly known as the Paperwork Reduction Act); and
``(2) shall be made as an interim rule effective on
publication with an opportunity for notice and comment.
``(c) Congressional Review of Agency Rulemaking.--In promulgating
regulations under this section, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.''.
Subtitle H--Repeal of Superseded Program Authorities and Transitional
Provisions; Technical Amendments
SEC. 2701. COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM.
(a) Repeal.--Section 1230 of the Food Security Act of 1985 (16 U.S.C.
3830) is repealed.
(b) Conforming Amendment.--The heading of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.) is
amended to read as follows: ``CONSERVATION RESERVE''.
SEC. 2702. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.
(a) Repeal.--Section 1231A of the Food Security Act of 1985 (16
U.S.C. 3831a) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by this
section shall not affect the validity or terms of any contract
entered into by the Secretary of Agriculture under section
1231A of the Food Security Act of 1985 (16 U.S.C. 3831a) before
October 1, 2012, or any payments required to be made in
connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the conservation reserve program under subchapter B
of chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.) to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2703. WETLANDS RESERVE PROGRAM.
(a) Repeal.--Subchapter C of chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3837 et seq.) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by this
section shall not affect the validity or terms of any contract
entered into by the Secretary of Agriculture under subchapter C
of chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3837 et seq.) before October 1, 2012, or
any payments required to be made in connection with the
contract.
(2) Funding.--The Secretary may use funds made available to
carry out the agricultural conservation easement program under
subtitle H of title XII of the Food Security Act of 1985, as
added by section 2301 of this Act, to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2704. FARMLAND PROTECTION PROGRAM AND FARM VIABILITY PROGRAM.
(a) Repeal.--Subchapter C of chapter 2 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3838h et seq.) is repealed.
(b) Conforming Amendment.--The heading of chapter 2 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.) is
amended by striking ``AND FARMLAND PROTECTION''.
(c) Transitional Provisions.--
(1) Effect on existing contracts.--The amendments made by
this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under
subchapter C of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838h et seq.) before
October 1, 2012, or any payments required to be made in
connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the agricultural conservation easement program under
subtitle H of title XII of the Food Security Act of 1985, as
added by section 2301 of this Act, to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
SEC. 2705. GRASSLAND RESERVE PROGRAM.
(a) Repeal.--Subchapter D of chapter 2 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3838n et seq.) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by this
section shall not affect the validity or terms of any contract
entered into by the Secretary of Agriculture under subchapter D
of chapter 2 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3838n et seq.) before October 1, 2012,
or any payments required to be made in connection with the
contract.
(2) Funding.--The Secretary may use funds made available to
carry out the agricultural conservation easement program under
subtitle H of title XII of the Food Security Act of 1985, as
added by section 2301 of this Act, to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2706. AGRICULTURAL WATER ENHANCEMENT PROGRAM.
(a) Repeal.--Section 1240I of the Food Security Act of 1985 (16
U.S.C. 3839aa-9) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by this
section shall not affect the validity or terms of any contract
entered into by the Secretary of Agriculture under section
1240I of the Food Security Act of 1985 (16 U.S.C. 3839aa-9)
before October 1, 2012, or any payments required to be made in
connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the regional conservation partnership program under
subtitle I of title XII of the Food Security Act of 1985, as
added by section 2401 of this Act, to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2707. WILDLIFE HABITAT INCENTIVE PROGRAM.
(a) Repeal.--Section 1240N of the Food Security Act of 1985 (16
U.S.C. 3839bb-1) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by this
section shall not affect the validity or terms of any contract
entered into by the Secretary of Agriculture under section
1240N of the Food Security Act of 1985 (16 U.S.C. 3839bb-1)
before October 1, 2012, or any payments required to be made in
connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the environmental quality incentives program under
chapter 4 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3839aa et seq.) to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2708. GREAT LAKES BASIN PROGRAM.
(a) Repeal.--Section 1240P of the Food Security Act of 1985 (16
U.S.C. 3839bb-3) is repealed.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2709. CHESAPEAKE BAY WATERSHED PROGRAM.
(a) Repeal.--Section 1240Q of the Food Security Act of 1985 (16
U.S.C. 3839bb-4) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by this
section shall not affect the validity or terms of any contract
entered into by the Secretary of Agriculture under section
1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb-4)
before October 1, 2012, or any payments required to be made in
connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the regional conservation partnership program under
subtitle I of title XII of the Food Security Act of 1985, as
added by section 2401 of this Act, to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2710. COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE.
(a) Repeal.--Section 1243 of the Food Security Act of 1985 (16 U.S.C.
3843) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts.--The amendment made by this
section shall not affect the validity or terms of any contract
entered into by the Secretary of Agriculture under section 1243
of the Food Security Act of 1985 (16 U.S.C. 3843) before
October 1, 2012, or any payments required to be made in
connection with the contract.
(2) Funding.--The Secretary may use funds made available to
carry out the regional conservation partnership program under
subtitle I of title XII of the Food Security Act of 1985, as
added by section 2401 of this Act, to continue to carry out
contracts referred to in paragraph (1) using the provisions of
law and regulation applicable to such contracts as they existed
on September 30, 2012.
(c) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 2711. ENVIRONMENTAL EASEMENT PROGRAM.
Chapter 3 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3839 et seq.) is repealed.
SEC. 2712. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 1201(a) of the Food Security Act of 1985
(16 U.S.C. 3801(a)) is amended in the matter preceding paragraph (1) by
striking ``E'' and inserting ``I''.
(b) Program Ineligibility.--Section 1211(a) of the Food Security Act
of 1985 (16 U.S.C. 3811(a)) is amended by striking ``predominate'' each
place it appears and inserting ``predominant''.
(c) Specialty Crop Producers.--Section 1242(i) of the Food Security
Act of 1985 (16 U.S.C. 3842(i)) is amended in the header by striking
``Speciality'' and inserting ``Specialty''.
TITLE III--TRADE
Subtitle A--Food for Peace Act
SEC. 3001. GENERAL AUTHORITY.
Section 201 of the Food for Peace Act (7 U.S.C. 1721) is amended--
(1) in the matter preceding paragraph (1), by inserting ``(to
be implemented by the Administrator)'' after ``under this
title''; and
(2) by striking paragraph (7) and the second sentence and
inserting the following new paragraph:
``(7) build resilience to mitigate and prevent food crises
and reduce the future need for emergency aid.''.
SEC. 3002. SUPPORT FOR ORGANIZATIONS THROUGH WHICH ASSISTANCE IS
PROVIDED.
Section 202(e)(1) of the Food for Peace Act (7 U.S.C. 1722(e)(1)) is
amended by striking ``13 percent'' and inserting ``11 percent''.
SEC. 3003. FOOD AID QUALITY.
Section 202(h) of the Food for Peace Act (7 U.S.C. 1722(h)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``The Administrator'' and
inserting ``In consultation with the Secretary,
the Administrator''; and
(ii) by inserting ``to establish a
mechanism'' after ``this title'';
(B) by striking ``and'' at the end of subparagraph
(B); and
(C) by striking subparagraph (C) and inserting the
following new paragraphs:
``(C) to evaluate, as necessary, the use of current
and new agricultural commodities and products thereof
in different program settings and for particular
recipient groups, including the testing of prototypes;
``(D) to establish and implement appropriate
protocols for quality assurance of food products
procured by the Secretary for food aid programs; and
``(E) to periodically update program guidelines on
the recommended use of agricultural commodities and
food products in food aid programs to reflect findings
from the implementation of this subsection and other
relevant information.'';
(2) in paragraph (2), by striking ``The Administrator'' and
inserting ``In consultation with the Secretary, the
Administrator''; and
(3) in paragraph (3), by striking ``fiscal years 2009 through
2011, not more than $4,500,000'' and inserting ``fiscal years
2013 through 2017, not more than $1,000,000''.
SEC. 3004. MINIMUM LEVELS OF ASSISTANCE.
Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is
amended--
(1) in paragraph (1), by striking ``2012'' and inserting
``2017''; and
(2) in paragraph (2), by striking ``2012'' and inserting
``2017''.
SEC. 3005. FOOD AID CONSULTATIVE GROUP.
(a) Membership.--Section 205(b) of the Food for Peace Act (7 U.S.C.
1725(b)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) representatives from the United States agricultural
processing sector involved in providing agricultural
commodities for programs under this Act; and''.
(b) Consultation.--Section 205(d) of the Food for Peace Act (7 U.S.C.
1725(d)) is amended--
(1) by striking the first sentence and inserting the
following:
``(1) Consultation in advance of issuance of implementation
regulations, handbooks, and guidelines.--Not later than 45 days
before a proposed regulation, handbook, or guideline
implementing this title, or a proposed significant revision to
a regulation, handbook, or guideline implementing this title,
becomes final, the Administrator shall provide the proposal to
the Group for review and comment.''; and
(2) by adding at the end the following new paragraph:
``(2) Consultation regarding food aid quality efforts.--The
Administrator shall seek input from and consult with the Group
on the implementation of section 202(h).''.
(c) Reauthorization.--Section 205(f) of the Food for Peace Act (7
U.S.C. 1725(f)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 3006. OVERSIGHT, MONITORING, AND EVALUATION.
(a) Regulations and Guidance.--Section 207(c) of the Food for Peace
Act (7 U.S.C. 1726a(c)) is amended--
(1) in the subsection heading, by inserting ``and Guidance''
after ``Regulations'';
(2) in paragraph (1), by adding at the end the following new
sentence: ``Not later than 270 days after the date of the
enactment of the Federal Agriculture Reform and Risk Management
Act of 2012, the Administrator shall issue all regulations and
revisions to agency guidance necessary to implement the
amendments made to this title by such Act.''; and
(3) in paragraph (2), by inserting ``and guidance'' after
``develop regulations''.
(b) Funding.--Section 207(f) of the Food for Peace Act (7 U.S.C.
1726a(f)) is amended--
(1) in paragraph (2)--
(A) by inserting ``and'' at the end of subparagraph
(D);
(B) by striking ``; and'' at the end of subparagraph
(E) and inserting the period; and
(C) by striking subparagraph (F);
(2) by striking paragraphs (3) and (4); and
(3) by redesignating paragraphs (5) and (6) as paragraphs (3)
and (4), respectively; and
(4) in paragraph (4) (as so redesignated)--
(A) in subparagraph (A), by striking ``, except for
paragraph (2)(F), for which only $2,500,000 shall be
made available during fiscal year 2009'' and inserting
``and up to $10,000,000 of such funds for each of
fiscal years 2013 through 2017''; and
(B) in subparagraph (B)(i), by striking ``2012'' and
inserting ``2017''.
(c) Implementation Reports.--Not later than 270 days after the date
of the enactment of this Act, the Administrator of the Agency for
International Development shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committees on Agriculture
and Foreign Affairs of the House of Representatives a report
describing--
(1) the implementation of section 207(c) of the Food for
Peace Act (7 U.S.C. 1726a(c));
(2) the surveys, studies, monitoring, reporting, and audit
requirements for programs conducted under title II of such Act
(7 U.S.C. 1721 et seq.) by an eligible organization that is a
nongovernmental organization (as such term is defined in
section 402 of such Act (7 U.S.C. 1732)); and
(3) the surveys, studies, monitoring, reporting, and audit
requirements for such programs by an eligible organization that
is an intergovernmental organization, such as the World Food
Program or other multilateral organization.
SEC. 3007. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-STABLE
PREPACKAGED FOODS.
Section 208(f) of the Food for Peace Act (7 U.S.C. 1726b(f)) is
amended by striking ``2012'' and inserting ``2017''.
SEC. 3008. GENERAL PROVISIONS.
(a) Impact on Local Farmers and Economy.--Section 403(b) of the Food
for Peace Act (7 U.S.C. 1733(b)) is amended by adding at the end the
following new sentence: ``The Secretary or the Administrator, as
appropriate, shall seek information, as part of the regular proposal
and submission process, from implementing agencies on the potential
benefits to the local economy of sales of agricultural commodities
within the recipient country.''.
(b) Prevention of Price Disruptions.--Section 403(e) of the Food for
Peace Act (7 U.S.C. 1733(e)) is amended--
(1) in paragraph (2), by striking ``reasonable market price''
and inserting ``fair market value''; and
(2) by adding at the end the following new paragraph:
``(3) Coordination on assessments.--The Secretary and the
Administrator shall coordinate in assessments to carry out
paragraph (1) and in the development of approaches to be used
by implementing agencies for determining the fair market value
described in paragraph (2).''.
(c) Report on Use of Funds.--Section 403 of the Food for Peace Act (7
U.S.C. 1733) is amended by adding at the end the following new
subsection:
``(m) Report on Use of Funds.--Not later than 180 days after the date
of the enactment of the Federal Agriculture Reform and Risk Management
Act of 2012, and annually thereafter, the Administrator shall submit to
Congress a report--
``(1) specifying the amount of funds (including funds for
administrative costs, indirect cost recovery, and internal
transportation, storage and handling, and associated
distribution costs) provided to each eligible organization that
received assistance under this Act in the previous fiscal year;
and
``(2) describing how those funds were used by the eligible
organization.''.
SEC. 3009. PREPOSITIONING OF AGRICULTURAL COMMODITIES.
Section 407(c)(4) of the Food for Peace Act (7 U.S.C. 1736a(c)(4)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``2012'' and inserting ``2017''; and
(B) by striking ``for each such fiscal year not more
than $10,000,000 of such funds'' and inserting ``for
each of fiscal years 2001 through 2012 not more than
$10,000,000 of such funds and for each of fiscal years
2013 through 2017 not more than $15,000,000 of such
funds''; and
(2) by striking subparagraph (B) and inserting the following
new subparagraph:
``(B) Additional prepositioning sites.--The
Administrator may establish additional sites for
prepositioning in foreign countries or change the
location of current sites for prepositioning in foreign
countries after conducting, and based on the results
of, assessments of need, feasibility, and cost.''.
SEC. 3010. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND ACTIVITIES.
Section 407(f)(1) of the Food for Peace Act (7 U.S.C. 1736a(f)(1)) is
amended--
(1) in the paragraph heading, by striking ``agricultural
trade'' and inserting ``food aid'';
(2) in subparagraph (B)(ii), by inserting before the
semicolon at the end the following: ``and the intended
beneficiaries of the project or activity''; and
(3) in subparagraph (B)(iii)--
(A) by striking ``and'' at the end of subclause (I);
(B) by inserting ``and'' at the end of subclause
(II); and
(C) by inserting after subclause (II) the following
new subclause:
``(III) the McGovern-Dole
International Food for Education and
Child Nutrition Program established by
section 3107 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C.
1736o-1);''.
SEC. 3011. DEADLINE FOR AGREEMENTS TO FINANCE SALES OR TO PROVIDE OTHER
ASSISTANCE.
Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended by
striking ``2012'' and inserting ``2017''.
SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Section 412(a)(1) of the Food
for Peace Act (7 U.S.C. 1736f(a)(1)) is amended by striking ``for
fiscal year 2008 and each fiscal year thereafter, $2,500,000,000'' and
inserting ``$2,500,000,000 for each of fiscal years 2008 through 2012
and $2,000,000,000 for each of fiscal years 2013 through 2017''.
(b) Minimum Level of Nonemergency Food Assistance.--Paragraph (1) of
section 412(e) of the Food for Peace Act (7 U.S.C. 1736f(e)) is amended
to read as follows:
``(1) Funds and commodities.--For each of fiscal years 2013
through 2017, of the amounts made available to carry out
emergency and nonemergency food assistance programs under title
II, not less than $400,000,000 shall be expended for
nonemergency food assistance programs under such title.''.
SEC. 3013. MICRONUTRIENT FORTIFICATION PROGRAMS.
(a) Elimination of Obsolete Reference to Study.--Section 415(a)(2)(B)
of the Food for Peace Act (7 U.S.C. 1736g-2(a)(2)(B)) is amended by
striking ``, using recommendations'' and all that follows through
``quality enhancements''.
(b) Extension.--Section 415(c) of the Food for Peace Act (7 U.S.C.
1736g-2(c)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 3014. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-FARMER PROGRAM.
Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended--
(1) in subsection (d), in the matter preceding paragraph (1),
by inserting ``, and not less than the greater of $15,000,000
or 0.5 percent of the amounts made available for each of fiscal
years 2013 through 2017,'' after ``2012''; and
(2) in subsection (e)(1), by striking ``2012'' and inserting
``2017''.
Subtitle B--Agricultural Trade Act of 1978
SEC. 3101. FUNDING FOR EXPORT CREDIT GUARANTEE PROGRAM.
Section 211(b) of the Agricultural Trade Act of 1978 (7 U.S.C.
5641(b)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 3102. FUNDING FOR MARKET ACCESS PROGRAM.
Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7 U.S.C.
5641(c)(1)(A)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 3103. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
Section 703(a) of the Agricultural Trade Act of 1978 (7 U.S.C.
5723(a)) is amended by striking ``2012'' and inserting ``2017''.
Subtitle C--Other Agricultural Trade Laws
SEC. 3201. FOOD FOR PROGRESS ACT OF 1985.
(a) Extension.--The Food for Progress Act of 1985 (7 U.S.C. 1736o) is
amended--
(1) in subsection (f)(3), by striking ``2012'' and inserting
``2017'';
(2) in subsection (g), by striking ``2012'' and inserting
``2017'';
(3) in subsection (k), by striking ``2012'' and inserting
``2017''; and
(4) in subsection (l)(1), by striking ``2012'' and inserting
``2017''.
(b) Repeal of Completed Project.--Subsection (f) of the Food for
Progress Act of 1985 (7 U.S.C. 1736o) is amended by striking paragraph
(6).
SEC. 3202. BILL EMERSON HUMANITARIAN TRUST.
Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1) is amended--
(1) in subsection (b)(2)(B)(i), by striking ``2012'' both
places it appears and inserting ``2017''; and
(2) in subsection (h), by striking ``2012'' both places it
appears and inserting ``2017''.
SEC. 3203. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING MARKETS.
(a) Direct Credits or Export Credit Guarantees.--Section 1542(a) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law
101-624; 7 U.S.C. 5622 note) is amended by striking ``2012'' and
inserting ``2017''.
(b) Development of Agricultural Systems.--Section 1542(d)(1)(A)(i) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law
101-624; 7 U.S.C. 5622 note) is amended by striking ``2012'' and
inserting ``2017''.
SEC. 3204. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM.
(a) Reauthorization.--Section 3107(l)(2) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o-1(l)(2)) is amended by
striking ``2012'' and inserting ``2017''.
(b) Technical Correction.--Section 3107(d) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o-1(d)) is amended by
striking ``to'' in the matter preceding paragraph (1).
SEC. 3205. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
(a) Purpose.--Section 3205(b) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 5680(b)) is amended by striking
``related barriers to trade'' and inserting ``technical barriers to
trade''.
(b) Funding.--Section 3205(e)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 5680(e)(2)) is amended--
(1) by inserting ``and'' at the end of subparagraph (C); and
(2) by striking subparagraphs (D) and (E) and inserting the
following new subparagraph:
``(D) $9,000,000 for each of fiscal years 2011
through 2017.''.
SEC. 3206. GLOBAL CROP DIVERSITY TRUST.
Section 3202(c) of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 22 U.S.C. 2220a note) is amended by striking
``section'' and all that follows through the period and inserting the
following: ``section--
``(1) $60,000,000 for the period of fiscal years 2008 through
2012; and
``(2) $50,000,000 for the period of fiscal years 2013 through
2017.''.
SEC. 3207. UNDER SECRETARY OF AGRICULTURE FOR FOREIGN AGRICULTURAL
SERVICES.
(a) In General.--Subtitle B of the Department of Agriculture
Reorganization Act of 1994 is amended by inserting after section 225 (7
U.S.C. 6931) the following new section:
``SEC. 225A. UNDER SECRETARY OF AGRICULTURE FOR FOREIGN AGRICULTURAL
SERVICES.
``(a) Authorization.--The Secretary is authorized to establish in the
Department the position of Under Secretary of Agriculture for Foreign
Agricultural Services.
``(b) Confirmation Required.--If the Secretary establishes the
position of Under Secretary of Agriculture for Foreign Agricultural
Services under subsection (a), the Under Secretary shall be appointed
by the President, by and with the advice and consent of the Senate.
``(c) Functions of Under Secretary.--
``(1) Principal functions.--Upon establishment, the Secretary
shall delegate to the Under Secretary of Agriculture for
Foreign Agricultural Services those functions under the
jurisdiction of the Department that are related to foreign
agricultural services.
``(2) Additional functions.--The Under Secretary of
Agriculture for Foreign Agricultural Services shall perform
such other functions as may be required by law or prescribed by
the Secretary.
``(d) Succession.--Any official who is serving as Under Secretary of
Agriculture for Farm and Foreign Agricultural Services on the date of
the enactment of this section and who was appointed by the President,
by and with the advice and consent of the Senate, shall not be required
to be reappointed under subsection (b) or section 225(b) to the
successor position authorized under subsection (a) or section 225(a) if
the Secretary establishes the position, and the official occupies the
new position, with 180 days after the date of the enactment of this
section (or such later date set by the Secretary if litigation delays
rapid succession).''.
(b) Conforming Amendments.--Section 225 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6931) is amended--
(1) by striking ``Under Secretary of Agriculture for Farm and
Foreign Agricultural Services'' each place it appears and
inserting ``Under Secretary of Agriculture for Farm Services'';
AND
(2) in subsection (c)(1), by striking ``and foreign
agricultural''.
(c) Permanent Authority.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended--
(1) in paragraph (6)(C), by striking ``or'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraph:
``(8) the authority of the Secretary to establish in the
Department the position of Under Secretary of Agriculture for
Foreign Agricultural Services in accordance with section
225A;''.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
SEC. 4001. RETAILERS.
(a) Definition of Retail Food Store.--Section 3(p)(1)(A) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2012(p)(1)(A)) is amended by
striking ``at least 2'' and inserting ``at least 3''.
(b) Alternative Benefit Delivery.--Section 7(f) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(f)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Imposition of costs.--
``(A) In general.--Except as provided in subparagraph
(B), the Secretary shall require participating
retailers (including restaurants participating in a
State option restaurant program intended to serve the
elderly, disabled, and homeless) to pay 100 percent of
the costs of acquiring, and arrange for the
implementation of, electronic benefit transfer point-
of-sale equipment and supplies.
``(B) Exemptions.--The Secretary may exempt from
subparagraph (A)--
``(i) farmers' markets, military
commissaries, nonprofit food buying
cooperatives, and establishments,
organizations, programs, or group living
arrangements described in paragraphs (5), (7),
and (8) of section 3(k); and
``(ii) establishments described in paragraphs
(3), (4), and (9) of section 3(k), other than
restaurants participating in a State option
restaurant program.''; and
(2) by adding at the end the following:
``(4) Termination of manual vouchers.--
``(A) In general.--Effective beginning on the
effective date of this paragraph, except as provided in
subparagraph (B), no State shall issue manual vouchers
to a household that receives supplemental nutrition
assistance under this Act or allow retailers to accept
manual vouchers as payment, unless the Secretary
determines that the manual vouchers are necessary, such
as in the event of an electronic benefit transfer
system failure or a disaster situation.
``(B) Exemptions.--The Secretary may exempt
categories of retailers or individual retailers from
subparagraph (A) based on criteria established by the
Secretary.
``(5) Unique identification number required.--In an effort to
enhance the antifraud protections of the program, the Secretary
shall require all parties providing electronic benefit transfer
services to provide for and maintain a unique terminal
identification number information through the supplemental
nutrition assistance program electronic benefit transfer
transaction routing system. In developing the regulations
implementing this paragraph, the Secretary shall consider
existing commercial practices for other point-of-sale debit
transactions. The Secretary shall issue proposed regulations
implementing this paragraph not earlier than 2 years after the
date of enactment of this paragraph.''.
(c) Electronic Benefit Transfers.--Section 7(h)(3)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(h)(3)(B)) is amended by striking
``is operational--'' and all that follows through ``(ii) in the case of
other participating stores,'' and inserting ``is operational''.
(d) Approval of Retail Food Stores and Wholesale Food Concerns.--
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is
amended--
(1) in the 2d sentence of subsection (a)(1) by striking ``;
and (C)'' and inserting ``; (C) whether the applicant is
located in an area with significantly limited access to food;
and (D)'';
(2) in subsection (b) by adding at the end the following:
``(3) Retail food stores with significant sales of excluded
items.--
``(A) In general.--No retail food store for which at
least 45 percent of the total sales of the retail food
store is from the sale of excluded items described in
section 3(k)(1) may be authorized to accept and redeem
benefits unless the Secretary determines that the
participation of the retail food store is required for
the effective and efficient operation of the
supplemental nutrition assistance program.
``(B) Application.--Subparagraph (A) shall be
effective--
``(i) in the case of retail food stores
applying to be authorized for the 1st time,
beginning on the date that is 1 year after the
effective date of this paragraph; and
``(ii) in the case of retail food stores
participating in the program on the effective
date of this paragraph, during periodic
reauthorization in accordance with subsection
(a)(2)(A).''; and
(3) by adding at the end the following:
``(g) EBT Service Requirement.--An approved retail food store shall
provide adequate EBT service as described in section 7(h)(3)(B).''.
SEC. 4002. ENHANCING SERVICES TO ELDERLY AND DISABLED SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM RECIPIENTS.
(a) Enhancing Services to Elderly and Disabled Program Recipients.--
Section 3(p) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p))
is amended--
(1) in paragraph (3) by striking ``and'' at the end,
(2) in paragraph (4) by striking the period at the end and
inserting ``; and'', and
(3) by inserting after paragraph (4) the following:
``(5) a governmental or private nonprofit food purchasing and
delivery service that--
``(A) purchases food for, and delivers such food to,
individuals who are--
``(i) unable to shop for food; and
``(ii)(I) not less than 60 years of age; or
``(II) physically or mentally handicapped or
otherwise disabled;
``(B) clearly notifies the participating household at
the time such household places a food order--
``(i) of any delivery fee associated with the
food purchase and delivery provided to such
household by such service; and
``(ii) that a delivery fee cannot be paid
with benefits provided under supplemental
nutrition assistance program; and
``(C) sells food purchased for such household at the
price paid by such service for such food and without
any additional cost markup.''.
(b) Implementation.--
(1) Issuance of rules.--The Secretary of Agriculture shall
issue regulations that--
(A) establish criteria to identify a food purchasing
and delivery service referred to in section 3(p)(5) of
the Food and Nutrition Act of 2008 as amended by this
Act, and
(B) establish procedures to ensure that such
service--
(i) does not charge more for a food item than
the price paid by the such service for such
food item,
(ii) offers food delivery service at no or
low cost to households under such Act,
(iii) ensures that benefits provided under
the supplemental nutrition assistance program
are used only to purchase food, as defined in
section 3 of such Act,
(iv) limits the purchase of food, and the
delivery of such food, to households eligible
to receive services described in section
3(p)(5) of such Act as so amended,
(v) has established adequate safeguards
against fraudulent activities, including
unauthorized use of electronic benefit cards
issued under such Act, and
(vi) such other requirements as the Secretary
deems to be appropriate.
(2) Limitation.--Before the issuance of rules under paragraph
(1) , the Secretary of Agriculture may not approve more than 20
food purchasing and delivery services referred to in section
3(p)(5) of the Food and Nutrition Act of 2008 as amended by
this Act, to participate as retail food stores under the
supplemental nutrition assistance program.
SEC. 4003. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.
Section 4(b)(6)(F) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b)(6)(F)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 4004. UPDATING PROGRAM ELIGIBILITY.
Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is
amended--
(1) in the 2d sentence of subsection (a) by striking
``households in which each member receives benefits'' and
inserting ``households in which each member receives cash
assistance'', and
(2) in subsection (j) by striking ``or who receives benefits
under a State program'' and inserting ``or who receives cash
assistance under a State program''.
SEC. 4005. EXCLUSION OF MEDICAL MARIJUANA FROM EXCESS MEDICAL EXPENSE
DEDUCTION.
Section 5(e)(5) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(5)) is amended by adding at the end the following:
``(C) Exclusion of medical marijuana.--The Secretary
shall promulgate rules to ensure that medical marijuana
is not treated as a medical expense for purposes of
this paragraph.''.
SEC. 4006. STANDARD UTILITY ALLOWANCES BASED ON THE RECEIPT OF ENERGY
ASSISTANCE PAYMENTS.
(a) Standard Utility Allowances in the Supplemental Nutrition
Assistance Program.--Section 5(e)(6)(C) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2014(e)(6)(C)) is amended--
(1) in clause (i) by inserting ``, subject to clause (iv)''
after ``Secretary''; and
(2) in clause (iv)(I) by striking ``the household still
incurs'' and all that follows through the end of the subclause
and inserting ``the payment received by, or made on behalf of,
the household exceeds $10 or a higher amount annually, as
determined by the Secretary.''.
(b) Conforming Amendment.--Section 2605(f)(2)(A) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8624(f)(2)(A)) is amended
by inserting before the semicolon at the end ``, except that, for
purposes of the supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such
payments or allowances exceed $10 or a higher amount annually, as
determined by the Secretary of Agriculture in accordance with section
5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I))''.
(c) Effective and Implementation Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect beginning on October 1, 2013, for all certification
periods beginning after that date.
(2) State option to delay implementation for current
recipients.--A State may, at the option of the State, implement
a policy that eliminates or minimizes the effect of the
amendments made by this section for households that receive a
standard utility allowance as of the date of enactment of this
Act for not more than a 180-day period beginning on the date on
which the amendments made by this section would otherwise
affect the benefits received by a household.
SEC. 4007. ELIGIBILITY DISQUALIFICATIONS.
Section 6(e)(3)(B) of Food and Nutrition Act of 2008 (7 U.S.C.
2015(e)(3)(B)) is amended by striking ``section;'' and inserting the
following:
``section, subject to the condition that the course
or program of study--
``(i) is part of a program of career and
technical education (as defined in section 3 of
the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302)) that
may be completed in not more than 4 years at an
institution of higher education (as defined in
section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)); or
``(ii) is limited to remedial courses, basic
adult education, literacy, or English as a
second language;''.
SEC. 4008. ENDING SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS
FOR LOTTERY OR GAMBLING WINNERS.
(a) In General.--Section 6 of the Food and Nutrition Act of 2008 (7
U.S.C. 2015) is amended by adding at the end the following:
``(r) Ineligibility for Benefits Due to Receipt of Substantial
Lottery or Gambling Winnings.--
``(1) In general.--Any household in which a member receives
substantial lottery or gambling winnings, as determined by the
Secretary, shall lose eligibility for benefits immediately upon
receipt of the winnings.
``(2) Duration of ineligibility.--A household described in
paragraph (1) shall remain ineligible for participation until
the household meets the allowable financial resources and
income eligibility requirements under subsections (c), (d),
(e), (f), (g), (i), (k), (l), (m), and (n) of section 5.
``(3) Agreements.--As determined by the Secretary, each State
agency, to the maximum extent practicable, shall establish
agreements with entities responsible for the regulation or
sponsorship of gaming in the State to determine whether
individuals participating in the supplemental nutrition
assistance program have received substantial lottery or
gambling winnings.''.
(b) Conforming Amendments.--Section 5(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(a)) is amended in the 2d sentence by
striking ``sections 6(b), 6(d)(2), and 6(g)'' and inserting
``subsections (b), (d)(2), (g), and (r) of section 6''.
SEC. 4009. IMPROVING SECURITY OF FOOD ASSISTANCE.
Section 7(h)(8) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)(8)) is amended--
(1) in the heading by striking ``card fee'' and inserting
``of cards'';
(2) by striking ``A State'' and inserting the following:
``(A) Fees.--A State''; and
(3) by adding after subparagraph (A) (as so designated by
paragraph (2)) the following:
``(B) Purposeful loss of cards.--
``(i) In general.--Subject to terms and
conditions established by the Secretary in
accordance with clause (ii), if a household
makes excessive requests for replacement of the
electronic benefit transfer card of the
household, the Secretary may require a State
agency to decline to issue a replacement card
to the household unless the household, upon
request of the State agency, provides an
explanation for the loss of the card.
``(ii) Requirements.--The terms and
conditions established by the Secretary shall
provide that--
``(I) the household be given the
opportunity to provide the requested
explanation and meet the requirements
under this paragraph promptly;
``(II) after an excessive number of
lost cards, the head of the household
shall be required to review program
rights and responsibilities with State
agency personnel authorized to make
determinations under section 5(a); and
``(III) any action taken, including
actions required under section 6(b)(2),
other than the withholding of the
electronic benefit transfer card until
an explanation described in subclause
(I) is provided, shall be consistent
with the due process protections under
section 6(b) or 11(e)(10), as
appropriate.
``(C) Protecting vulnerable persons.--In implementing
this paragraph, a State agency shall act to protect
homeless persons, persons with disabilities, victims of
crimes, and other vulnerable persons who lose
electronic benefit transfer cards but are not
intentionally committing fraud.
``(D) Effect on eligibility.--While a State may
decline to issue an electronic benefits transfer card
until a household satisfies the requirements under this
paragraph, nothing in this paragraph shall be
considered a denial of, or limitation on, the
eligibility for benefits under section 5.''.
SEC. 4010. DEMONSTRATION PROJECTS ON ACCEPTANCE OF BENEFITS OF MOBILE
TRANSACTIONS.
Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h))
is amended by adding at the end the following:
``(14) Demonstration projects on acceptance of benefits of
mobile transactions.--
``(A) In general.--The Secretary shall pilot the use
of mobile technologies determined by the Secretary to
be appropriate to test the feasibility and implications
for program integrity, by allowing retail food stores,
farmers markets, and other direct producer-to-consumer
marketing outlets to accept benefits from recipients of
supplemental nutrition assistance through mobile
transactions.
``(B) Demonstration projects.--To be eligible to
participate in a demonstration project under subsection
(a), a retail food store, farmers market, or other
direct producer-to-consumer marketing outlet shall
submit to the Secretary for approval a plan that
includes--
``(i) a description of the technology;
``(ii) the manner by which the retail food
store, farmers market or other direct producer-
to-consumer marketing outlet will provide proof
of the transaction to households;
``(iii) the provision of data to the
Secretary, consistent with requirements
established by the Secretary, in a manner that
allows the Secretary to evaluate the impact of
the demonstration on participant access, ease
of use, and program integrity; and
``(iv) such other criteria as the Secretary
may require.
``(C) Date of completion.--The demonstration projects
under this paragraph shall be completed and final
reports submitted to the Secretary by not later than
July 1, 2015.
``(D) Report to congress.--The Secretary shall submit
a report to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate that includes a
finding, based on the data provided under subparagraph
(C) whether or not implementation in all States is in
the best interest of the supplemental nutrition
assistance program.''.
SEC. 4011. USE OF BENEFITS FOR PURCHASE OF COMMUNITY-SUPPORTED
AGRICULTURE SHARE.
Section 10 of the Food and Nutrition Act of 2008 (7 U.S.C. 2019) is
amended in the 1st sentence by inserting ``agricultural producers who
market agricultural products directly to consumers shall be authorized
to redeem benefits for the initial cost of the purchase of a community-
supported agriculture share,'' after ``food so purchased,''.
SEC. 4012. RESTAURANT MEALS PROGRAM.
(a) In General.--Section 11(e) of the Food and Nutrition Act of 2008
(7 U.S.C. 2020(e)) is amended--
(1) in paragraph (22) by striking ``and'' at the end;
(2) in paragraph (23)(C) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(24) if the State elects to carry out a program to contract
with private establishments to offer meals at concessional
prices, as described in paragraphs (3), (4), and (9) of section
3(k)--
``(A) the plans of the State agency for operating the
program, including--
``(i) documentation of a need that eligible
homeless, elderly, and disabled clients are
underserved in a particular geographic area;
``(ii) the manner by which the State agency
will limit participation to only those private
establishments that the State determines
necessary to meet the need identified in clause
(i); and
``(iii) any other conditions the Secretary
may prescribe, such as the level of security
necessary to ensure that only eligible
recipients participate in the program; and
``(B) a report by the State agency to the Secretary
annually, the schedule of which shall be established by
the Secretary, that includes--
``(i) the number of households and individual
recipients authorized to participate in the
program, including any information on whether
the individual recipient is elderly, disabled,
or homeless; and
``(ii) an assessment of whether the program
is meeting an established need, as documented
under subparagraph (A)(i).''.
(b) Approval of Retail Food Stores and Wholesale Food Concerns.--
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is
amended by adding at the end the following:
``(h) Private Establishments.--
``(1) In general.--Subject to paragraph (2), no private
establishment that contracts with a State agency to offer meals
at concessional prices as described in paragraphs (3), (4), and
(9) of section 3(k) may be authorized to accept and redeem
benefits unless the Secretary determines that the participation
of the private establishment is required to meet a documented
need in accordance with section 11(e)(24).
``(2) Existing contracts.--
``(A) In general.--If, on the day before the
effective date of this subsection, a State has entered
into a contract with a private establishment described
in paragraph (1) and the Secretary has not determined
that the participation of the private establishment is
necessary to meet a documented need in accordance with
section 11(e)(24), the Secretary shall allow the
operation of the private establishment to continue
without that determination of need for a period not to
exceed 180 days from the date on which the Secretary
establishes determination criteria, by regulation,
under section 11(e)(24).
``(B) Justification.--If the Secretary determines to
terminate a contract with a private establishment that
is in effect on the effective date of this subsection,
the Secretary shall provide justification to the State
in which the private establishment is located for that
termination.
``(3) Report to congress.--Not later than 90 days after
September 30, 2013, and 90 days after the last day of each
fiscal year thereafter, the Secretary shall report to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate on the effectiveness of a program under this subsection
using any information received from States under section
11(e)(24) as well as any other information the Secretary may
have relating to the manner in which benefits are used.''.
(c) Conforming Amendments.--Section 3(k) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012(k)) is amended by inserting ``subject to
section 9(h)'' after ``concessional prices'' each place it appears.
SEC. 4013. STATE VERIFICATION OPTION.
Section 11(p) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(p)) is amended to read as follows:
``(p) State Verification Option.--In carrying out the supplemental
nutrition assistance program, a State agency shall be required to use
an income and eligibility, or an immigration status, verification
system established under section 1137 of the Social Security Act (42
U.S.C. 1320b-7), in accordance with standards set by the Secretary.''.
SEC. 4014. REPEAL OF GRANT PROGRAM.
Section 11(t) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(t)) is repealed.
SEC. 4015. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY.
(a) Data Exchange Standardization.--Section 11 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the end
the following:
``(v) Data Exchange Standardization for Improved Interoperability.--
``(1) Data exchange standards.--
``(A) Designation.--The Secretary, in consultation
with an interagency work group which shall be
established by the Office of Management and Budget, and
considering State perspectives, shall, by rule,
designate a data exchange standard for any category of
information required to be reported under this Act.
``(B) Data exchange standards must be nonproprietary
and interoperable.--The data exchange standard
designated under subparagraph (A) shall, to the extent
practicable, be nonproprietary and interoperable.
``(C) Other requirements.--In designating data
exchange standards under this subsection, the Secretary
shall, to the extent practicable, incorporate--
``(i) interoperable standards developed and
maintained by an international voluntary
consensus standards body, as defined by the
Office of Management and Budget, such as the
International Organization for Standardization;
``(ii) interoperable standards developed and
maintained by intergovernmental partnerships,
such as the National Information Exchange
Model; and
``(iii) interoperable standards developed and
maintained by Federal entities with authority
over contracting and financial assistance, such
as the Federal Acquisition Regulatory Council.
``(2) Data exchange standards for reporting.--
``(A) Designation.--The Secretary, in consultation
with an interagency work group established by the
Office of Management and Budget, and considering State
perspectives, shall, by rule, designate data exchange
standards to govern the data reporting required under
this part.
``(B) Requirements.--The data exchange standards
required by subparagraph (A) shall, to the extent
practicable--
``(i) incorporate a widely-accepted,
nonproprietary, searchable, computer-readable
format;
``(ii) be consistent with and implement
applicable accounting principles; and
``(iii) be capable of being continually
upgraded as necessary.
``(C) Incorporation of nonproprietary standards.--In
designating reporting standards under this subsection,
the Secretary shall, to the extent practicable,
incorporate existing nonproprietary standards, such as
the eXtensible Markup Language.''.
(b) Effective Dates.--
(1) Data exchange standards.--The Secretary of Agriculture
shall issue a proposed rule under section 11(v)(1) of the Food
and Nutrition Act of 2008 within 12 months after the effective
date of this section, and shall issue a final rule under such
section after public comment, within 24 months after such
effective date.
(2) Data reporting standards.--The reporting standards
required under section 11(v)(2) of such Act shall become
effective with respect to reports required in the first
reporting period, after the effective date of the final rule
referred to in paragraph (1) of this subsection, for which the
authority for data collection and reporting is established or
renewed under the Paperwork Reduction Act.
SEC. 4016. REPEAL OF BONUS PROGRAM.
Section 16(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(d)) is repealed.
SEC. 4017. FUNDING OF EMPLOYMENT AND TRAINING PROGRAMS.
Section 16(h)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(h)(1)(A)) is amended by striking ``$90,000,000'' and inserting
``$79,000,000''.
SEC. 4018. MONITORING EMPLOYMENT AND TRAINING PROGRAM.
(a) Reporting Measures.--Section 16(h)(5) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(h)(5)) is amended to read:
``(5)(A) In general.--The Secretary shall monitor the
employment and training programs carried out by State agencies
under section 6(d)(4) and assess their effectiveness in--
``(i) preparing members of households participating
in the supplemental nutrition assistance program for
employment, including the acquisition of basic skills
necessary for employment; and
``(ii) increasing the numbers of household members
who obtain and retain employment subsequent to their
participation in such employment and training programs.
``(B) Reporting measures.--The Secretary, in consultation
with the Secretary of Labor, shall develop reporting measures
that identify improvements in the skills, training education or
work experience of members of households participating in the
supplemental nutrition assistance program. Measures shall be
based on common measures of performance for federal workforce
training programs, so long as they reflect the challenges
facing the types of members of households participating in the
supplemental nutrition assistance program who participate in a
specific employment and training component. The Secretary shall
require that each State employment and training plan submitted
under section 11(3)(19) identify appropriate reporting measures
for each of their proposed components that serve at least 100
people. Such measures may include:
``(i) the percentage and number of program
participants who received employment and training
services and are in unsubsidized employment subsequent
to the receipt of those services;
``(ii) the percentage and number of program
participants who obtain a recognized postsecondary
credential, including a registered apprenticeship, or a
regular secondary school diploma or its recognized
equivalent, while participating in or within 1 year
after receiving employment and training services;
``(iii) the percentage and number of program
participants who are in an education or training
program that is intended to lead to a recognized
postsecondary credential, including a registered
apprenticeship or on-the-job training program, a
regular secondary school diploma or its recognized
equivalent, or unsubsidized employment;
``(iv) subject to the terms and conditions set by the
Secretary, measures developed by each State agency to
assess the skills acquisition of employment and
training program participants that reflect the goals of
their specific employment and training program
components, which may include, but are not limited to--
``(I) the percentage and number of program
participants who are meeting program
requirements in each component of the State's
education and training program; and
``(II) the percentage and number of program
participants who are gaining skills likely to
lead to employment as measured through testing,
quantitative or qualitative assessment or other
method; and
``(v) other indicators as approved by the Secretary.
``(C) State report.--Each State agency shall annually prepare
and submit to the Secretary a report on the State's employment
and training program that includes the numbers of supplemental
nutrition assistance program participants who have gained
skills, training, work or experience that will increase their
ability to obtain regular employment using measures identified
in subparagraph (B).
``(D) Modifications to the state employment and training
plan.--Subject to the terms and conditions established by the
Secretary, if the Secretary determines that the state agency's
performance with respect to employment and training outcomes is
inadequate, the Secretary may require the State agency to make
modifications to their employment and training plan to improve
such outcomes.
``(E) Periodic evaluation.--
``(i) In general.--Subject to terms and conditions
established by the Secretary, not later than October 1,
2015, and not less frequently than once every 5 years
thereafter, the Secretary shall conduct a study to
review existing practice and research to identify
employment and training program components and
practices that--
``(I) effectively assist members of
households participating in the supplemental
nutrition assistance program in gaining skills,
training, work, or experience that will
increase their ability to obtain regular
employment, and
``(II) are best integrated with statewide
workforce development systems.
``(ii) Report to congress.--The Secretary shall
submit a report that describes the results of the study
under clause (i) to the Committee on Agriculture in the
House of Representatives, and the Committee on
Agriculture, Nutrition and Forestry in the Senate.''.
(b) Effective Date.--Notwithstanding section 4(c) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2013(a)), the Secretary shall issue
interim final regulations implementing the amendment made by subsection
(a) no later than 18 months after the date of enactment of this Act.
States shall include such reporting measures in their employment and
training plans for the 1st fiscal year thereafter that begins no sooner
than 6 months after the date that such regulations are published.
SEC. 4019. COOPERATION WITH PROGRAM RESEARCH AND EVALUATION.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is
amended by adding at the end the following:
``(l) Cooperation With Program Research and Evaluation.--States,
State agencies, local agencies, institutions, facilities such as data
consortiums, and contractors participating in programs authorized under
this Act shall cooperate with officials and contractors acting on
behalf of the Secretary in the conduct of evaluations and studies under
this Act and shall submit information at such time and in such manner
as the Secretary may require.''.
SEC. 4020. AUTHORIZATION OF APPROPRIATIONS.
Section 18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2027(a)(1)) is amended in the 1st sentence by striking ``2012'' and
inserting ``2017''.
SEC. 4021. LIMITATION ON USE OF BLOCK GRANT TO PUERTO RICO.
Section 19(a)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C.
2028(a)(2)(B)) is amended by adding at the end the following:
``(iii) Limitation on use of funds.--None of
the funds made available to the Commonwealth of
Puerto Rico under this subparagraph may be used
to provide nutrition assistance in the form of
cash benefits.''.
SEC. 4022. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
(a) Definition.--Section 25(a)(1)(B)(i) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2034(a)(1)(B)(i)) is amended--
(1) in subclause (II) by striking ``and'' at the end;
(2) in subclause (III) by striking ``or'' at the end and
inserting ``and''; and
(3) by adding at the end the following:
``(IV) to provide incentives for the
consumption of fruits and vegetables
among low-income individuals; or''.
(b) Additional Funding.--Section 25(b) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2034) is amended by adding at the end the following:
``(3) Funding.--
``(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out
this section not less than $10,000,000 for fiscal year
2013 and each fiscal year thereafter. Of the amount
made available under this subparagraph for each such
fiscal year, $5,000,000 shall be available to carry out
subsection (a)(1)(B)(I)(IV).
``(B) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to
carry out this section, the funds transferred under
subparagraph (A) without further appropriation.
``(C) Maintenance of funding.--The funding provided
under subparagraph (A) shall supplement (and not
supplant) other Federal funding made available to the
Secretary to carry out this section.''.
SEC. 4023. EMERGENCY FOOD ASSISTANCE.
(a) Purchase of Commodities.--Section 27(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2036(a)) is amended--
(1) in paragraph (1) by striking ``2008 through 2012'' and
inserting ``2012 through 2017''; and
(2) in paragraph (2)--
(A) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) for fiscal year 2012, $260,250,000;
``(B) for fiscal year 2013 the dollar amount of
commodities specified in subparagraph (A) adjusted by
the percentage by which the thrifty food plan has been
adjusted under section 3(u)(4) between June 30, 2011
and June 30, 2012, and subsequently increased by
$20,000,000;'';
(B) in subparagraph (C)--
(i) by striking ``2010 through 2012, the
dollar amount of commodities specified in'' and
inserting ``2014 through 2017, the total amount
of commodities under''; and
(ii) by striking ``2008'' and inserting
``2012''; and
(iii) by striking the period at the end and
inserting:``; and''; and
(C) by adding at the end the following:
``(D) for fiscal year 2013 the dollar amount of
commodities specified in subparagraph (B), and for each
of the fiscal years 2014 through 2017 the respective
dollar amount of commodities specified in subparagraph
(C), increased by $5,000,000.''.
(b) Emergency Food Program Infrastructure Grants.--Section 209(d) of
the Emergency Food Assistance Act of 1983 (7 U.S.C. 7511a(d)) is
amended by striking ``2012'' and inserting ``2017''.
SEC. 4024. NUTRITION EDUCATION.
Section 28(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036a(b)) is amended by inserting ``and physical activity'' after
``healthy food choices''.
SEC. 4025. RETAILER TRAFFICKING.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended
by adding at the end the following:
``SEC. 29. RETAILER TRAFFICKING.
``(a) Purpose.--The purpose of this section is to provide the
Department of Agriculture with additional resources to prevent
trafficking in violation of this Act by strengthening recipient and
retailer program integrity. Additional funds are provided to supplement
the Department's payment accuracy, and retailer and recipient integrity
activities.
``(b) Funding.--
``(1) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out this section not less
than $5,000,000 for fiscal year 2013 and each fiscal year
thereafter.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1) without
further appropriation.
``(3) Maintenance of funding.--The funding provided under
paragraph (1) shall supplement (and not supplant) other Federal
funding for programs carried out under this Act.''.
SEC. 4026. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)
is amended--
(1) in subsection (g) by striking ``coupon,'' the last place
it appears and inserting ``coupon'';
(2) in subsection (k)(7) by striking ``or are'' and inserting
``and'';
(3) by striking subsection (l);
(4) by redesignating subsections (m) through (t) as
subsections (l) through (s), respectively; and
(5) by inserting after subsection (s) (as so redesignated)
the following:
``(t) `Supplemental nutritional assistance program' means the program
operated pursuant to this Act.''.
(b) Section 4(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(a)) is amended by striking ``benefits'' the last place it appears
and inserting ``Benefits''.
(c) Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014)
is amended--
(1) in the last sentence of subsection (i)(2)(D) by striking
``section 13(b)(2)'' and inserting ``section 13(b)''; and
(2) in subsection (k)(4)(A) by striking ``paragraph (2)(H)''
and inserting ``paragraph (2)(G)''.
(d) Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)(4)) is amended--
(1) in subparagraph (B)(vii) by moving the left margin 2 ems
to the left, and
(2) in subparagraph(F)(iii) by moving the left margin 4 ems
to the left.
(e) Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)) is amended by redesignating the 2d paragraph (12) as paragraph
(13).
(f) Section 9(a)(3) of the Food and Nutrition Act of 2008 (7 U.S.C.
2018(a)) is amended by moving the left margin 2 ems to the left.
(g) Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C. 2021)
is amended--
(1) in subsection (b)(3)(C) by striking ``civil money
penalties'' and inserting ``civil penalties''; and
(2) in subsection (g)(1) by striking ``(7 U.S.C. 1786)'' and
inserting ``(42 U.S.C. 1786)''.
(h) Section 15(b)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2024(b)(1)) is amended in the 1st sentence by striking ``an benefit''
and inserting ``a benefit''.
(i) Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(a)) is amended in the proviso following paragraph (8) by striking
``, as amended.''.
(j) Section 18(e) of the Food and Nutrition Act of 2008 (7 U.S.C.
2027(e)) is amended in the 1st sentence by striking ``sections 7(f)''
and inserting ``section 7(f)''.
(k) Section 22(b)(10)(B)(i) of the Food and Nutrition Act of 2008 (7
U.S.C. 2031(b)(10)(B)(i)) is amended in the last sentence by striking
``Food benefits'' and inserting ``Benefits''.
(l) Section 26(f)(3)(C) of the Food and Nutrition Act of 2008 (7
U.S.C. 2035(f)(3)(C)) is amended by striking ``subsection'' and
inserting ``subsections''.
(m) Section 27(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036(a)(1)) is amended by striking ``(Public Law 98-8; 7 U.S.C. 612c
note)'' and inserting ``(7 U.S.C. 7515)''.
(n) Section 509 of the Older Americans Act of 1965 (42 U.S.C. 3056g)
is amended in the section heading by striking ``food stamp programs''
and inserting ``supplemental nutrition assistance program''.
(o) Section 4115(c)(2)(H) of the Food, Conservation, and Energy Act
of 2008 (Public Law 110-246; 122 Stat. 1871) is amended by striking
``531'' and inserting ``454''.
(p) Section 3803(c)(2)(C)(vii) of title 31 of the United States Code
is amended by striking ``section 3(l)'' each place it appears and
inserting ``section 3(s)''.
(q) Section 115 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193) is amended--
(1) in subsection (a)(2) by striking ``section 3(l)'' and
inserting ``section 3(s)'';
(2) in subsection (b)(2) by striking ``section 3(l)'' and
inserting ``section 3(s)''; and
(3) in subsection (e)(2) by striking ``section 3(l)'' and
inserting ``section 3(s)''.
(r) The Agriculture and Consumer Protection Act of 1973 (7 U.S.C.
612c) is amended--
(1) in section 4(a) by striking ``Food Stamp Act of 1977''
and inserting ``Food and Nutrition Act of 2008''; and
(2) in section 5--
(A) in subsection (i)(1) by striking ``Food Stamp Act
of 1977'' and inserting ``Food and Nutrition Act of
2008''; and
(B) in subsection (l)(2)(B) by striking ``Food Stamp
Act of 1977'' and inserting ``Food and Nutrition Act of
2008''.
(s) The Social Security Act (42 U.S.C. 301 et seq.) is amended--
(1) in the heading of section 453(j)(10) by striking ``food
stamp'' and inserting ``supplemental nutrition assistance'';
(2) in section 1137--
(A) in subsection (a)(5)(B) by striking ``food
stamp'' and inserting ``supplemental nutrition
assistance''; and
(B) in subsection (b)(4) by striking ``food stamp
program under the Food Stamp Act of 1977'' and
inserting ``supplemental nutrition assistance program
under the Food and Nutrition Act of 2008''; and
(3) in the heading of section 1631(n) by striking ``Food
Stamp'' and inserting ``Supplemental Nutrition Assistance''.
SEC. 4027. TOLERANCE LEVEL FOR EXCLUDING SMALL ERRORS.
The Secretary shall set the tolerance level for excluding small
errors for the purposes of section 16(c) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2025(c))--
(1) for fiscal year 2013 at an amount no greater than $25;
and
(2) for each fiscal year thereafter, the amount specified in
paragraph (1) adjusted by the percentage by which the thrifty
food plan is adjusted under section 3(u)(4) of such Act between
June 30, 2011, and June 30 of the immediately preceding fiscal
year.
SEC. 4028. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS PILOT PROGRAM.
(a) Study.--
(1) In general.--Prior to establishing the pilot program
under subsection (b), the Secretary shall conduct a study to be
completed not later than 2 years after the effective date of
this section to assess--
(A) the capabilities of the Commonwealth of the
Northern Mariana Islands to operate the supplemental
nutrition assistance program in the same manner in
which the program is operated in the States (as defined
in section 3 of the Food and Nutrition Act (7 U.S.C.
2011 et seq)); and
(B) alternative models of the supplemental nutrition
assistance program operation and benefit delivery that
best meet the nutrition assistance needs of the
Commonwealth of the Northern Mariana Islands.
(2) Scope.--The study conducted under paragraph (1)(A) will
assess the capability of the Commonwealth to fulfill the
responsibilities of a State agency, including--
(A) extending and limiting participation to eligible
households, as prescribed by sections 5 and 6 of the
Act;
(B) issuing benefits through EBT cards, as prescribed
by section 7 of the Act;
(C) maintaining the integrity of the program,
including operation of a quality control system, as
prescribed by section 16(c) of the Act;
(D) implementing work requirements, including
operating an employment and training program, as
prescribed by section 6(d) of the Act; and
(E) paying a share of administrative costs with non-
Federal funds, as prescribed by section 16(a) of the
Act.
(b) Establishment.--If the Secretary determines that a pilot program
is feasible, the Secretary shall establish a pilot program for the
Commonwealth of the Northern Mariana Islands to operate the
supplemental nutrition assistance program in the same manner in which
the program is operated in the States.
(c) Scope.--The Secretary shall utilize the information obtained from
the study conducted under subsection (a) to establish the scope of the
pilot program established under subsection (b).
(d) Report.--Not later than June 30, 2018, the Secretary shall submit
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report on the pilot program carried out under this section, including
an analysis of the feasibility of operating in the Commonwealth of the
Northern Mariana Islands the supplemental nutrition assistance program
as it is operated in the States.
(e) Funding.--
(1) Study.--Of the funds made available under section
18(a)(1) of the Food and Nutrition Act of 2008, the Secretary
may use not more than $1,000,000 in each of fiscal years 2013
and 2014 to conduct the study described in subsection (a).
(2) Pilot program.--Of the funds made available under section
18(a)(1) of the Food and Nutrition Act of 2008, for the
purposes of establishing and carrying out the pilot program
established under subsection (b) of this section, including the
Federal costs for providing technical assistance to the
Commonwealth, authorizing and monitoring retail food stores,
and assessing pilot operations, the Secretary may use not more
than--
(A) $13,500,000 in fiscal year 2015; and
(B) $8,500,000 in each of fiscal years 2016 and 2017.
SEC. 4029. ANNUAL STATE REPORT ON VERIFICATION OF SNAP PARTICIPATION.
(a) Annual Report.--Not later 1 year after the date specified by the
Secretary in the 180-period beginning on the date of the enactment of
this Act, and annually thereafter, each State agency that carries out
the supplemental nutrition assistance program shall submit to the
Secretary a report containing sufficient information for the Secretary
to determine whether the State agency has, for the then most recently
concluded fiscal year preceding such annual date, verified that
households to which such State agency provided such assistance in such
fiscal year--
(1) did not obtain benefits attributable to a deceased
individual; and
(2) did not include an individual who was simultaneously
included in a household receiving such assistance in another
State.
(b) Penalty for Noncompliance.--For any fiscal year for which a State
agency fails to comply with subsection (a), the Secretary shall reduce
by 50 percent the amount otherwise payable to such State agency under
section 16(a) of the Food and Nutrition Act of 2008 with respect to
such fiscal year.
Subtitle B--Commodity Distribution Programs
SEC. 4101. COMMODITY DISTRIBUTION PROGRAM.
Section 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note; Public Law 93-86) is amended in the 1st sentence
by striking ``2012'' and inserting ``2017''.
SEC. 4102. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
Section 5 of the Agriculture and Consumer Protection Act of 1973 (7
U.S.C. 612c note; Public Law 93-86) is amended--
(1) in paragraphs (1) and (2)(B) of subsection (a) by
striking ``2012'' each place it appears and inserting ``2017'';
(2) in the 1st sentence of subsection (d)(2) by striking
``2012'' and inserting ``2017'';
(3) by striking subsection (g) and inserting the following:
``(g) Eligibility.--Except as provided in subsection (m), the States
shall only provide assistance under the commodity supplemental food
program to low-income individuals aged 60 and older.''; and
(4) by adding at the end the following:
``(m) Phase-out.--Notwithstanding any other provision of law, an
individual who receives assistance under the commodity supplemental
food program on the day before the effective date of this subsection
shall continue to receive that assistance until the date on which the
individual no longer qualifies for assistance under the eligibility
criteria for the program in effect on the day before the effective date
of this subsection.''.
SEC. 4103. DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL NUTRITION
PROJECTS.
Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 (7
U.S.C. 1431e(2)(A)) is amended in the 1st sentence by striking ``2012''
and inserting ``2017''.
SEC. 4104. PROCESSING OF COMMODITIES.
(a) Section 17 of the Commodity Distribution Reform Act and WIC
Amendments of 1987 (7 U.S.C. 612c note) is amended by--
(1) striking the heading and inserting ``commodity donations
and processing''; and
(2) adding at the end the following:
``(c) Processing.--For any program included in subsection (b), the
Secretary may, notwithstanding any other provision of State or Federal
law relating to the procurement of goods and services--
``(1) retain title to commodities delivered to a processor,
on behalf of a State (including a State distributing agency and
a recipient agency), until such time as end products containing
such commodities, or similar commodities as approved by the
Secretary, are delivered to a State distributing agency or to a
recipient agency; and
``(2) promulgate regulations to ensure accountability for
commodities provided to a processor for processing into end
products, and to facilitate processing of commodities into end
products for use by recipient agencies. Such regulations may
provide that--
``(A) a processor that receives commodities for
processing into end products, or provides a service
with respect to such commodities or end products, in
accordance with its agreement with a State distributing
agency or a recipient agency, provide to the Secretary
a bond or other means of financial assurance to protect
the value of such commodities; and
``(B) in the event a processor fails to deliver to a
State distributing agency or a recipient agency an end
product in conformance with the processing agreement
entered into under this Act, the Secretary take action
with respect to the bond or other means of financial
assurance pursuant to regulations promulgated under
this paragraph and distribute any proceeds obtained by
the Secretary to one or more State distributing
agencies and recipient agencies as determined
appropriate by the Secretary.''.
(b) Definitions.--Section 18 of the Commodity Distribution Reform Act
and WIC Amendments of 1987 (7 U.S.C. 612c note) is amended by striking
paragraphs (1) and (2) and inserting the following:
``(1) The term `commodities' means agricultural commodities
and their products that are donated by the Secretary for use by
recipient agencies.
``(2) The term `end product' means a food product that
contains processed commodities.''.
(c) Technical and Conforming Amendments.--Section 3 of the Commodity
Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note;
Public Law 100-237) is amended--
(1) in subsection (a)--
(A) in paragraph (2) by striking subparagraph (B) and
inserting the following:
``(B) the program established under section 4(b) of
the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b));''; and
(B) in paragraph (3)(D) by striking ``the Committee
on Education and Labor'' and inserting ``the Committee
on Education and the Workforce'';
(2) in subsection (b)(1)(A)(ii) by striking ``section 32 of
the Agricultural Adjustment Act (7 U.S.C. 601 et seq.)'' and
inserting ``section 32 of the Act of August 24, 1935 (7 U.S.C.
612c)'';
(3) in subsection (e)(1)(D)(iii) by striking subclause (II)
and inserting the following:
``(II) the program established under
section 4(b) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2013(b));''; and
(4) in subsection (k) by striking ``the Committee on
Education and Labor'' and inserting ``the Committee on
Education and the Workforce''.
Subtitle C--Miscellaneous
SEC. 4201. FARMERS' MARKET NUTRITION PROGRAM.
Section 4402 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 3007) is amended--
(1) in the section heading by striking ``seniors'';
(2) by amending subsection (a) to read as follows:
``(a) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall use to carry
out and expand the farmers market nutrition program $20,600,000
for each of fiscal years 2013 through 2017.
``(2) Additional funding.--There is authorized to be
appropriated such sums as are necessary to carry out this
subsection for each of fiscal years 2013 through 2017.'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``seniors''; and
(B) in paragraph (1) by inserting ``, and low-income
families who are determined to be at nutritional risk''
after ``low-income seniors'';
(4) in subsection (c) by striking ``seniors'';
(5) in subsection (d) by striking ``seniors'';
(6) in subsection (e) by striking ``seniors'';
(7) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively; and
(8) by inserting after subsection (b) the following:
``(c) State Grants and Other Assistance.--The Secretary shall carry
out the Program through grants and other assistance provided in
accordance with agreements made with States, for implementation through
State agencies and local agencies, that include provisions--
``(1) for the issuance of coupons or vouchers to
participating individuals;
``(2) establishing an appropriate annual percentage
limitation on the use of funds for administrative costs; and
``(3) specifying other terms and conditions as the Secretary
deems appropriate to encourage expanding the participation of
small scale farmers in Federal nutrition programs.''.
SEC. 4202. NUTRITION INFORMATION AND AWARENESS PILOT PROGRAM.
Section 4403 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 3171 note; Public Law 107-171) is repealed.
SEC. 4203. FRESH FRUIT AND VEGETABLE PROGRAM.
Section 19 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769a) is amended--
(1) in the section heading, by striking ``fresh'';
(2) in subsection (a), by striking ``fresh'';
(3) in subsection (b), by striking ``fresh''; and
(4) in subsection (e), by striking ``fresh''.
SEC. 4204. ADDITIONAL AUTHORITY FOR PURCHASE OF FRESH FRUITS,
VEGETABLES, AND OTHER SPECIALTY FOOD CROPS.
Section 10603 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 612c-4) is amended--
(1) in subsection (b), by striking ``2012'' and inserting
``2017'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Pilot Grant Program for Purchase of Fresh Fruits and
Vegetables.--
``(1) In general.--Using amounts made available to carry out
subsection (b), the Secretary of Agriculture shall conduct a
pilot program under which the Secretary will give not more than
five participating States the option of receiving a grant in an
amount equal to the value of the commodities that the
participating State would otherwise receive under this section
for each of fiscal years 2013 through 2017.
``(2) Use of grant funds.--A participating State receiving a
grant under this subsection may use the grant funds solely to
purchase fresh fruits and vegetables for distribution to
schools and service institutions in the State that participate
in the food service programs under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
``(3) Selection of participating states.--The Secretary shall
select participating States from applications submitted by the
States.
``(4) Reporting requirements.--
``(A) School and service institution requirement.--
Schools and service institutions in a participating
State shall keep records of purchases of fresh fruits
and vegetables made using the grant funds and report
such records to the State.
``(B) State requirement.--Each participating State
shall submit to the Secretary a report on the success
of the pilot program in the State, including
information on--
``(i) the amount and value of each type of
fresh fruit and vegetable purchased by the
State; and
``(ii) the benefit provided by such purchases
in conducting the school food service in the
State, including meeting school meal
requirements.''.
SEC. 4205. ENCOURAGING LOCALLY AND REGIONALLY GROWN AND RAISED FOOD.
(a) Commodity Purchase Streamlining.--The Secretary may permit each
school food authority with a low annual commodity entitlement value, as
determined by the Secretary, to elect to substitute locally and
regionally grown and raised food for the authority's allotment, in
whole or in part, of commodity assistance for the school meal programs
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
if--
(1) the election is requested by the school food authority;
(2) the Secretary determines that the election will reduce
State and Federal administrative costs; and
(3) the election will provide the school food authority with
greater flexibility to purchase locally and regionally grown
and raised foods.
(b) Farm-to-school Demonstration Programs.--
(1) In general.--The Secretary may establish farm-to-school
demonstration programs under which school food authorities,
agricultural producers producing for local and regional
markets, and other farm-to-school stakeholders will collaborate
with the Agriculture Marketing Service to, on a cost neutral
basis, source food for the school meal programs under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) from local farmers and ranchers in lieu of the commodity
assistance provided to the school food authorities for the
school meal programs.
(2) Requirements.--
(A) In general.--Each demonstration program carried
out under this subsection shall--
(i) facilitate and increase the purchase of
unprocessed and minimally processed locally and
regionally grown and raised agricultural
products to be served under the school meal
programs;
(ii) test methods to improve procurement,
transportation, and meal preparation processes
for the school meal programs;
(iii) assess whether administrative costs can
be saved through increased school authority
flexibility to source locally and regionally
produced foods for the school meal programs;
and
(iv) undertake rigorous evaluation and share
information about results of the demonstration
program, including cost savings, with the
Secretary, other school food authorities,
agricultural producers producing for the local
and regional market, and the general public.
(B) Plans.--In order to be selected to carry out a
demonstration program under this subsection, a school
food authority shall submit to the Secretary a plan at
such time and in such manner as the Secretary may
require, and containing information with respect to the
requirements described in clauses (i) through (iv) of
subparagraph (A).
(3) Technical assistance.--The Secretary shall provide
technical assistance to demonstration program participants to
assist such participants to acquire bids from potential vendors
in a timely and cost-effective manner.
(4) Length.--The Secretary shall determine the appropriate
length of time for each demonstration program under this
subsection.
(5) Coordination.--The Secretary shall coordinate among
relevant agencies of the Department of Agriculture and non-
governmental organizations with appropriate expertise to
facilitate the provision of training and technical assistance
necessary to the successful implementation of demonstration
programs carried out under this subsection.
(6) Number.--Subject to the availability of funds to carry
out this subsection, the Secretary of Agriculture shall
implement at least 10 demonstration programs under this
subsection.
(7) Diversity and balance.--In carrying out demonstration
programs under this subsection, the Secretary shall, to the
maximum extent practicable, ensure--
(A) geographical diversity;
(B) at least half of the demonstration programs are
completed in collaboration with school food authorities
with small annual commodity entitlements, as determined
by the Secretary;
(C) at least half of the demonstration programs are
completed in rural or tribal communities;
(D) equitable treatment of school food authorities
with a high percentage of students eligible for free or
reduced price lunches, as determined by the Secretary;
and
(E) at least one of the demonstration programs is
completed on a military installation as defined in
section 2687(e)(1) of title 10, United States Code.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 5001. ELIGIBILITY FOR FARM OWNERSHIP LOANS.
(a) In General.--Section 302(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922(a)) is amended--
(1) by striking ``(a) In General.--The'' and inserting the
following:
``(a) In General.--
``(1) Eligibility requirements.--The'';
(2) in the 1st sentence, by inserting after ``limited
liability companies'' the following: ``, and such other legal
entities as the Secretary deems appropriate,'';
(3) in the 2nd sentence, by redesignating clauses (1) through
(4) as clauses (A) through (D), respectively;
(4) in each of the 2nd and 3rd sentences, by striking ``and
limited liability companies'' each place it appears and
inserting ``limited liability companies, and such other legal
entities'';
(5) in the 3rd sentence, by striking ``(3)'' and ``(4)'' and
inserting ``(C)'' and ``(D)'', respectively; and
(6) by adding at the end the following:
``(2) Special deeming rules.--
``(A) Eligibility of certain operating-only
entities.--An entity that is or will become only the
operator of a family farm is deemed to meet the owner-
operator requirements of paragraph (1) if the
individuals that are the owners of the family farm own
more than 50 percent (or such other percentage as the
Secretary determines is appropriate) of the entity.
``(B) Eligibility of certain embedded entities.--An
entity that is an owner-operator described in paragraph
(1), or an operator described in subparagraph (A) of
this paragraph that is owned, in whole or in part, by
other entities, is deemed to meet the direct ownership
requirement imposed under paragraph (1) if at least 75
percent of the ownership interests of each embedded
entity of such entity is owned directly or indirectly
by the individuals that own the family farm.''.
(b) Direct Farm Ownership Experience Requirement.--Section 302(b)(1)
of such Act (7 U.S.C. 1922(b)(1)) is amended by inserting ``or has
other acceptable experience for a period of time, as determined by the
Secretary,'' after ``3 years''.
(c) Conforming Amendments.--
(1) Section 304(c)(2) of such Act (7 U.S.C. 1924(c)(2)) by
striking ``paragraphs (1) and (2) of section 302(a)'' and
inserting ``clauses (A) and (B) of section 302(a)(1)''.
(2) Section 310D of such Act (7 U.S.C. 1934) is amended--
(A) by inserting after ``partnership'' the following:
``, or such other legal entities as the Secretary deems
appropriate,''; and
(B) by striking ``or partners'' each place it appears
and inserting ``partners, or owners''.
SEC. 5002. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
(a) Eligibility.--Section 304(c) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1924(c)) is amended by inserting after
``limited liability companies'' the following: ``, or such other legal
entities as the Secretary deems appropriate,''.
(b) Limitation on Loan Guarantee Amount.--Section 304(e) of such Act
(7 U.S.C. 1924(e)) is amended by striking ``75 percent'' and inserting
``90 percent''.
(c) Extension of Program.--Section 304(h) of such Act (7 U.S.C.
1924(h)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 5003. DOWN PAYMENT LOAN PROGRAM.
(a) In General.--Section 310E(b)(1)(C) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1935(b)(1)(C)) is amended by striking
``$500,000'' and inserting ``$667,000''.
(b) Technical Correction.--Section 310E(b) of such Act (7 U.S.C.
1935(b)) is amended by striking the 2nd paragraph (2).
SEC. 5004. ELIMINATION OF MINERAL RIGHTS APPRAISAL REQUIREMENT.
Section 307 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1927) is amended by striking subsection (d) and redesignating
subsection (e) as subsection (d).
Subtitle B--Operating Loans
SEC. 5101. ELIGIBILITY FOR FARM OPERATING LOANS.
Section 311(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1941(a)) is amended--
(1) by striking ``(a) In General.--The'' and inserting the
following:
``(a) In General.--
``(1) Eligibility requirements.--The'';
(2) in the 1st sentence, by inserting after ``limited
liability companies'' the following: ``, and such other legal
entities as the Secretary deems appropriate,'';
(3) in the 2nd sentence, by redesignating clauses (1) through
(4) as clauses (A) through (D), respectively;
(4) in each of the 2nd and 3rd sentences, by striking ``and
limited liability companies'' each place it appears and
inserting ``limited liability companies, and such other legal
entities'';
(5) in the 3rd sentence, by striking ``(3)'' and ``(4)'' and
inserting ``(C)'' and ``(D)'', respectively; and
(6) by adding at the end the following:
``(2) Special deeming rule.--An entity that is an operator
described in paragraph (1) that is owned, in whole or in part,
by other entities, is deemed to meet the direct ownership
requirement imposed under paragraph (1) if at least 75 percent
of the ownership interests of each embedded entity of such
entity is owned directly or indirectly by the individuals that
own the family farm.''.
SEC. 5102. ELIMINATION OF RURAL RESIDENCY REQUIREMENT FOR OPERATING
LOANS TO YOUTH.
Section 311(b)(1) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1941(b)(1)) is amended by striking ``who are rural
residents''.
SEC. 5103. AUTHORITY TO WAIVE PERSONAL LIABILITY FOR YOUTH LOANS DUE TO
CIRCUMSTANCES BEYOND BORROWER CONTROL.
Section 311(b) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1941(b)) is amended by adding at the end the following:
``(5) The Secretary may, on a case by case basis, waive the personal
liability of a borrower for a loan made under this subsection if any
default on the loan was due to circumstances beyond the control of the
borrower.''.
SEC. 5104. MICROLOANS.
(a) In General.--Section 313 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1943) is amended by adding at the end the
following:
``(c) Microloans.--
``(1) In general.--Subject to paragraph (2), the Secretary
may establish a program to make or guarantee microloans.
``(2) Limitation.--The Secretary shall not make or guarantee
a microloan under this subsection that exceeds $35,000 or that
would cause the total principal indebtedness outstanding at any
1 time for microloans made under this chapter to any 1 borrower
to exceed $70,000.
``(3) Applications.--To the maximum extent practicable, the
Secretary shall limit the administrative burdens and streamline
the application and approval process for microloans under this
subsection.
``(4) Cooperative lending projects.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may contract with community-based and
nongovernmental organizations, State entities, or other
intermediaries, as the Secretary determines
appropriate--
``(i) to make or guarantee a microloan under
this subsection; and
``(ii) to provide business, financial,
marketing, and credit management services to
borrowers.
``(B) Requirements.--Before contracting with an
entity described in subparagraph (A), the Secretary--
``(i) shall review and approve--
``(I) the loan loss reserve fund for
microloans established by the entity;
and
``(II) the underwriting standards for
microloans of the entity; and
``(ii) establish such other requirements for
contracting with the entity as the Secretary
determines necessary.''.
(b) Exceptions for Direct Loans.--Section 311(c)(2) of such Act (7
U.S.C. 1941(c)(2)) is amended to read as follows:
``(2) Exceptions.--In this subsection, the term `direct
operating loan' shall not include--
``(A) a loan made to a youth under subsection (b); or
``(B) a microloan made to a young beginning farmer or
rancher or a military veteran farmer, as defined by the
Secretary.''.
(c) Section 312(a) of such Act (7 U.S.C. 1942(a)) is amended by
inserting ``(including a microloan, as defined by the Secretary)''
after ``A direct loan''.
(d) Section 316(a)(2) of such Act (7 U.S.C. 1946(a)(2)) is amended by
inserting ``a microloan to a beginning farmer or rancher or military
veteran farmer or'' after ``The interest rate on''.
Subtitle C--Emergency Loans
SEC. 5201. ELIGIBILITY FOR EMERGENCY LOANS.
Section 321(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961(a)) is amended--
(1) by striking ``owner-operators (in the case of loans for a
purpose under subtitle A) or operators (in the case of loans
for a purpose under subtitle B)'' each place it appears and
inserting ``(in the case of farm ownership loans in accordance
with subtitle A) owner-operators or operators, or (in the case
of loans for a purpose under subtitle B) operators'';
(2) by inserting after ``limited liability companies'' the
1st place it appears the following: ``, or such other legal
entities as the Secretary deems appropriate''; and
(3) by inserting after ``limited liability companies'' the
2nd place it appears the following: ``, or other legal
entities'';
(4) by striking ``and limited liability companies,'' and
inserting ``limited liability companies, and such other legal
entities'';
(5) by striking ``ownership and operator'' and inserting
``ownership or operator''; and
(6) by adding at the end the following: ``An entity that is
an owner-operator or operator described in this subsection is
deemed to meet the direct ownership requirement imposed under
this subsection if at least 75 percent of the ownership
interests of each embedded entity of such entity is owned
directly or indirectly by the individuals that own the family
farm.''.
Subtitle D--Administrative Provisions
SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT ACCOUNTS
PILOT PROGRAM.
Section 333B(h) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983b(h)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 5302. ELIGIBLE BEGINNING FARMERS AND RANCHERS.
(a) Conforming Amendments Relating to Changes in Eligibility Rules.--
Section 343(a)(11) of such Act (7 U.S.C. 1991(a)(11)) is amended--
(1) by inserting after ``joint operation,'' the 1st place it
appears the following: ``or such other legal entity as the
Secretary deems appropriate,'';
(2) by striking ``or joint operators'' each place it appears
and inserting ``joint operators, or owners''; and
(3) by inserting after ``joint operation,'' the 2nd and 3rd
place it appears the following: ``or such other legal
entity,''.
(b) Modification of Acreage Ownership Limitation.--Section
343(a)(11)(F) of such Act (7 U.S.C. 1991(a)(11)(F)) is amended by
striking ``median acreage'' and inserting ``average acreage''.
SEC. 5303. LOAN AUTHORIZATION LEVELS.
Section 346(b)(1) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1994(b)(1)) is amended in the matter preceding subparagraph
(A) by striking ``2012'' and inserting ``2017''.
SEC. 5304. PRIORITY FOR PARTICIPATION LOANS.
Section 346(b)(2)(A)(i) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(2)(A)(i)) is amended by adding at the
end the following:
``(III) Priority.--In order to
maximize the number of borrowers served
under this clause, the Secretary--
``(aa) shall give priority to
applicants who apply under the
down payment loan program under
section 310E or joint financing
arrangements under section
307(a)(3)(D); and
``(bb) may offer other
financing options under this
subtitle to applicants only if
the Secretary determines that
down payment or other
participation loan options are
not a viable approach for the
applicants.''.
SEC. 5305. LOAN FUND SET-ASIDES.
Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(2)(A)(ii)(III)) is amended--
(1) by striking ``2012'' and inserting ``2017''; and
(2) by striking ``of the total amount''.
SEC. 5306. CONFORMING AMENDMENT TO BORROWER TRAINING PROVISION,
RELATING TO ELIGIBILITY CHANGES.
Section 359(c)(2) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2006a(c)(2)) is amended by striking ``section 302(a)(2) or
311(a)(2)'' and inserting ``section 302(a)(1)(B) or 311(a)(1)(B)''.
Subtitle E--State Agricultural Mediation Programs
SEC. 5401. STATE AGRICULTURAL MEDIATION PROGRAMS.
Section 506 of the Agricultural Credit Act of 1987 (7 U.S.C. 5106) is
amended by striking ``2015'' and inserting ``2017''.
Subtitle F--Loans to Purchasers of Highly Fractionated Land
SEC. 5501. LOANS TO PURCHASERS OF HIGHLY FRACTIONATED LAND.
The first section of Public Law 91-229 (25 U.S.C. 488) is amended in
subsection (b)(1) by striking ``pursuant to section 205(c) of the
Indian Land Consolidation Act (25 U.S.C. 2204(c))'' and inserting ``or
to intermediaries in order to establish revolving loan funds for the
purchase of highly fractionated land''.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Consolidated Farm and Rural Development Act
SEC. 6001. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY GRANTS.
Section 306(a)(2)(B)(vii) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(2)(B)(vii)) by striking ``$30,000,000
for each of fiscal years 2008 through 2012'' and inserting
``$15,000,000 for each of fiscal years 2013 through 2017''.
SEC. 6002. RURAL BUSINESS OPPORTUNITY GRANTS.
Section 306(a)(11)(D) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(11)(D)) is amended by striking ``$15,000,000 for
each of fiscal years 2008 through 2012'' and inserting ``$15,000,000
for each of fiscal years 2013 through 2017''.
SEC. 6003. ELIMINATION OF RESERVATION OF COMMUNITY FACILITIES GRANT
PROGRAM FUNDS.
Section 306(a)(19) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)(19)) is amended by striking subparagraph (C).
SEC. 6004. RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM.
Section 306(a)(22) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)(22)) is amended to read as follows:
``(22) Rural water and wastewater circuit rider program.--
``(A) In general.--The Secretary shall continue a
national rural water and wastewater circuit rider
program that--
``(i) is consistent with the activities and
results of the program conducted before the
date of enactment of this paragraph, as
determined by the Secretary; and
``(ii) receives funding from the Secretary,
acting through the Rural Utilities Service.
``(B) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $20,000,000 for fiscal year 2013 and each
fiscal year thereafter.''.
SEC. 6005. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY
FACILITIES.
Section 306(a)(25)(C) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(25)(C)) is amended by striking ``$10,000,000 for
each of fiscal years 2008 through 2012'' and inserting ``$5,000,000 for
each of fiscal years 2013 through 2017''.
SEC. 6006. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT
PROGRAM.
Section 306A(i)(2) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926a(i)(2)) is amended by striking ``$35,000,000 for each of
fiscal years 2008 through 2012'' and inserting ``$27,000,000 for each
of fiscal years 2013 through 2017''.
SEC. 6007. GRANTS TO NONPROFIT ORGANIZATIONS TO FINANCE THE
CONSTRUCTION, REFURBISHING, AND SERVICING OF
INDIVIDUALLY-OWNED HOUSEHOLD WATER WELL SYSTEMS IN
RURAL AREAS FOR INDIVIDUALS WITH LOW OR MODERATE
INCOMES.
Section 306E(d) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926e(d)) is amended by striking ``$10,000,000 for each of
fiscal years 2008 through 2012'' and inserting ``$5,000,000 for each of
fiscal years 2013 through 2017''.
SEC. 6008. RURAL BUSINESS AND INDUSTRY LOAN PROGRAM.
(a) Flexibility for the Business and Loan Program.--Section
310B(a)(2)(A) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932(a)(2)(A)) is amended by inserting ``including working
capital'' after ``employment''.
(b) Greater Flexibility for Adequate Collateral Through Accounts
Receivable.--Section 310B(g)(7) of such Act (7 U.S.C. 1932(g)(7)) is
amended by adding at the end the following: ``In the discretion of the
Secretary, if the Secretary determines that the action would not create
or otherwise contribute to an unreasonable risk of default or loss to
the Federal Government, the Secretary may take account receivables as
security for the obligations entered into in connection with loans and
a borrower may use account receivables as collateral to secure a loan
made or guaranteed under this subsection.''.
(c) Regulations.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall promulgate such regulations
as are necessary to implement the amendments made by this section.
SEC. 6009. RURAL COOPERATIVE DEVELOPMENT GRANTS.
Section 310B(e)(12) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(e)(12)) is amended by striking ``$50,000,000 for
each of fiscal years 2008 through 2012'' and inserting ``$40,000,000
for each of fiscal years 2013 through 2017''.
SEC. 6010. LOCALLY OR REGIONALLY PRODUCED AGRICULTURAL FOOD PRODUCTS.
Section 310B(g)(9)(B)(v)(I) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(g)(9)(B)(v)(I)) is amended--
(1) by striking ``2012'' and inserting ``2017''; and
(2) by inserting ``and not more than 7 percent'' after ``5
percent''.
SEC. 6011. INTERMEDIARY RELENDING PROGRAM.
(a) In General.--Subtitle A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922-1936a) is amended by adding at the end
the following:
``SEC. 310H. INTERMEDIARY RELENDING PROGRAM.
``(a) In General.--The Secretary shall make loans to the entities,
for the purposes, and subject to the terms and conditions specified in
the 1st, 2nd, and last sentences of section 623(a) of the Community
Economic Development Act of 1981 (42 U.S.C. 9812(a)).
``(b) Limitations on Authorization of Appropriations.--For loans
under subsection (a), there are authorized to be appropriated to the
Secretary not more than $10,000,000 for each of fiscal years 2013
through 2017.''.
(b) Conforming Amendments.--Section 1323(b)(2) of the Food Security
Act of 1985 (Public Law 99-198; 7 U.S.C. 1932 note) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B), by striking ``; and'' and inserting
a period; and
(3) by striking subparagraph (C).
SEC. 6012. ENHANCING PUBLIC/PRIVATE PARTNERSHIPS TO SUPPORT RURAL WATER
AND WASTE DISPOSAL INFRASTRUCTURE.
Section 333 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983) is amended--
(1) by striking ``require'';
(2) in paragraph (1), by inserting ``require'' after ``(1)'';
(3) in paragraph (2), by inserting ``, require'' after
``314'';
(4) in paragraph (3), by inserting ``require'' after
``loans,'';
(5) in paragraph (4)--
(A) by inserting ``require'' after ``(4)''; and
(B) by striking ``and'' after the semicolon;
(6) in paragraph (5)--
(A) by inserting ``require'' after ``(5)''; and
(B) by striking the period at the end and inserting
``; and''; and
(7) by adding at the end the following:
``(6) with respect to water and waste disposal direct and
guaranteed loans provided under section 306, encourage, to the
maximum extent practicable, private or cooperative lenders to
finance rural water and waste disposal facilities by--
``(A) maximizing the use of loan guarantees to
finance eligible projects in rural communities where
the population exceeds 5,500;
``(B) maximizing the use of direct loans to finance
eligible projects in rural communities where the impact
on rate payers will be material when compared to
financing with a loan guarantee;
``(C) establishing and applying a materiality
standard when determining the difference in impact on
rate payers between a direct loan and a loan guarantee;
``(D) in the case of projects that require interim
financing in excess of $500,000, requiring that such
projects initially seek such financing from private or
cooperative lenders; and
``(E) determining if an existing direct loan borrower
can refinance with a private or cooperative lender,
including with a loan guarantee, prior to providing a
new direct loan.''.
SEC. 6013. SIMPLIFIED APPLICATIONS.
(a) In General.--Section 333A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983a) is amended by adding at the end the
following:
``(h) Simplified Application Forms.--Except as provided in subsection
(g)(2) of this section, the Secretary shall, to the maximum extent
practicable, develop a simplified application process, including a
single page application where possible, for grants and relending
authorized under sections 306, 306C, 306D, 306E, 310B(b), 310B(c),
310B(e), 310B(f), 310H, 379B, and 379E.''.
(b) Report to the Congress.--Within 2 years after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a written report
that contains an evaluation of the implementation of the amendment made
by subsection (a).
SEC. 6014. REAUTHORIZATION OF STATE RURAL DEVELOPMENT COUNCILS.
Section 378(h) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008m(h)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 6015. GRANTS FOR NOAA WEATHER RADIO TRANSMITTERS.
Section 379B(d) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008p(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2013 through 2017.''.
SEC. 6016. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
Section 379E(d)(2) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008s(d)(2)) is amended by striking ``$40,000,000 for each of
fiscal years 2009 through 2012'' and inserting ``$20,000,000 for each
of fiscal years 2013 through 2017''.
SEC. 6017. DELTA REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 382M(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-12(a)) is
amended by striking ``$30,000,000 for each of fiscal years 2008 through
2012'' and inserting ``$12,000,000 for each of fiscal years 2013
through 2017''.
(b) Termination of Authority.--Section 382N of such Act (7 U.S.C.
2009aa-13) is amended by striking ``2012'' and inserting ``2017''.
SEC. 6018. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 383N(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-12(a)) is
amended by striking ``$30,000,000 for each of fiscal years 2008 through
2012'' and inserting ``$2,000,000 for each of fiscal years 2013 through
2017''.
(b) Termination of Authority.--Section 383O of such Act (7 U.S.C.
2009bb-13) is amended by striking ``2012'' and inserting ``2017''.
SEC. 6019. RURAL BUSINESS INVESTMENT PROGRAM.
Section 384S of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009cc-18) is amended by striking ``$50,000,000 for the period
of fiscal years 2008 through 2012'' and inserting ``$20,000,000 for
each of fiscal years 2013 through 2017''.
Subtitle B--Rural Electrification Act of 1936
SEC. 6101. RELENDING FOR CERTAIN PURPOSES.
(a) In General.--The Rural Electrification Act of 1936 (7 U.S.C. 901
et seq.) is amended--
(1) in section 2(a), by inserting ``(including relending for
this purpose as provided in section 4)'' after ``efficiency'';
(2) in section 4(a), by inserting ``(including relending to
ultimate consumers for this purpose by borrowers enumerated in
the proviso in this section)'' after ``efficiency''; and
(3) in section 313(b)(2)(B)--
(A) by inserting ``(acting through the Rural
Utilities Service)'' after ``Secretary''; and
(B) by inserting ``energy efficiency (including
relending to ultimate consumers for this purpose),''
after ``promoting''.
(b) Current Authority.--The authority provided in this section is in
addition to any other relending authority of the Secretary under the
Rural Electrification Act of 1936 (7 U.S.C. 901 et. seq.) or any other
law.
(c) Administration.--The Secretary (acting through the Rural
Utilities Service) shall continue to carry out section 313 of the Rural
Electrification Act of 1936 (7 U.S.C. 940c) in the same manner as on
the day before enactment of this Act until such time as any regulations
necessary to carry out the amendments made by this section are fully
implemented.
SEC. 6102. FEES FOR CERTAIN LOAN GUARANTEES.
The Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) is
amended by inserting after section 4 the following:
``SEC. 5. FEES FOR CERTAIN LOAN GUARANTEES.
``(a) In General.--For electrification baseload generation loan
guarantees, the Secretary shall, at the request of the borrower, charge
an upfront fee to cover the costs of the loan guarantee.
``(b) Fee.--The fee described in subsection (a) for a loan guarantee
shall be equal to the costs of the loan guarantee (within the meaning
of section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)(C))).
``(c) Limitation.--Funds received from a borrower to pay the fee
described in this section shall not be derived from a loan or other
debt obligation that is made or guaranteed by the Federal
Government.''.
SEC. 6103. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION OR
TELEPHONE PURPOSES.
Section 313A(f) of the Rural Electrification Act of 1936 (7 U.S.C.
940c-1(f)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 6104. EXPANSION OF 911 ACCESS.
Section 315(d) of the Rural Electrification Act of 1936 (7 U.S.C.
940e(d)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 6105. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL
AREAS.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb)
is amended--
(1) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Priorities.--In making or guaranteeing loans under
paragraph (1), the Secretary shall give--
``(A) the highest priority to applicants that offer
to provide broadband service to the greatest proportion
of households that, prior to the provision of the
broadband service, had no incumbent service provider;
and
``(B) priority to applicants that offer in their
applications to provide broadband service not
predominantly for business service, but where at least
25 percent of customers in the proposed service
territory are commercial interests.'';
(2) in subsection (d)--
(A) in paragraph (5)--
(i) by striking ``and'' at the end of
subparagraph (B);
(ii) by striking the period at the end of
subparagraph (C) and inserting a semicolon; and
(iii) by adding at the end the following:
``(D) the amount and type of support requested; and
``(E) a list of the census block groups or tracts
proposed to be so served.''; and
(B) by adding at the end the following:
``(8) Additional process.--The Secretary shall establish a
process under which an incumbent service provider which, as of
the date of the publication of notice under paragraph (5) with
respect to an application submitted by the provider, is
providing broadband service to a remote rural area, may (but
shall not be required to) submit to the Secretary, not less
than 15 and not more than 30 days after that date, information
regarding the broadband services that the provider offers in
the proposed service territory, so that the Secretary may
assess whether the application meets the requirements of this
section with respect to eligible projects.'';
(3) in subsection (e), by adding at the end the following:
``(3) Requirement.--In considering the technology needs of
customers in a proposed service territory, the Secretary shall
take into consideration the upgrade or replacement cost for the
construction or acquisition of facilities and equipment in the
territory.''; and
(4) in each of subsections (k)(1) and (l), by striking
``2012'' and inserting ``2017''.
Subtitle C--Miscellaneous
SEC. 6201. DISTANCE LEARNING AND TELEMEDICINE.
(a) Authorization of Appropriations.--Section 2335A of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-5) is
amended by striking ``$100,000,000 for each of fiscal years 2008
through 2012'' and inserting ``$65,000,000 for each of fiscal years
2013 through 2017''.
(b) Conforming Amendment.--Section 1(b) of Public Law 102-551 (7
U.S.C. 950aaa note) is amended by striking ``2012'' and inserting
``2017''.
SEC. 6202. VALUE-ADDED AGRICULTURAL MARKET DEVELOPMENT PROGRAM GRANTS.
Section 231(b)(7) of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 1632a(b)(7)) is amended--
(1) in subparagraph (A)--
(A) by striking ``2008'' and inserting ``2012''; and
(B) by striking ``$15,000,000'' and inserting
``$50,000,000''; and
(2) in subparagraph (B), by striking ``2012'' and inserting
``2017''.
SEC. 6203. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
Section 6402(i) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1632b(i)) is amended by striking ``$6,000,000 for each of
fiscal years 2008 through 2012'' and inserting ``$1,000,000 for each of
fiscal years 2013 through 2017''.
SEC. 6204. PROGRAM METRICS.
(a) In General.--The Secretary of Agriculture shall collect data
regarding economic activities created through grants and loans,
including any technical assistance provided as a component of the grant
or loan program, and measure the short and long term viability of award
recipients and any entities to whom those recipients provide assistance
using award funds under section 231 of the Agricultural Risk Protection
Act of 2000 (7 U.S.C. 1621 note; Public Law 106-224), section 9007 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
section 313(b)(2) of the Rural Electrification Act of 1936 (7 U.S.C.
940c(b)(2)), or section 306(a)(11), 310B(c), 310B(e), 310B(g), 310H, or
379E, or subtitle E, of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)(11), 1932(c), 1932(e), 1932(g), 2008s, or 2009
through 2009m).
(b) Data.--The data collected under subsection (a) shall include
information collected from recipients both during the award period and
after the period as determined by the Secretary, but not less than 2
years after the award period ends.
(c) Report.--Not later than 4 years after the date of enactment of
this Act, and every 2 years thereafter, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report that contains the data described in subsection (a). The report
shall include detailed information regarding--
(1) actions taken by the Secretary to utilize the data;
(2) the number of jobs, including self-employment and the
value of salaries and wages;
(3) how the provision of funds from the grant or loan
involved affected the local economy;
(4) any benefit, such as an increase in revenue or customer
base; and
(5) such other information as the Secretary deems
appropriate.
SEC. 6205. STUDY OF RURAL TRANSPORTATION ISSUES.
(a) In General.--The Secretary of Agriculture and the Secretary of
Transportation shall publish an updated version of the study described
in section 6206 of the Food, Conservation, and Energy Act of 2008.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture and the Secretary
of Transportation shall submit to the Congress the updated version of
the study required by subsection (a).
SEC. 6206. AGRICULTURAL TRANSPORTATION POLICY.
The Secretary of Agriculture shall participate on behalf of the
interests of agriculture and rural America in all policy development
proceedings or other proceedings of the Surface Transportation Board
that may establish freight rail transportation policy affecting
agriculture and rural America.
SEC. 6207. CERTAIN FEDERAL ACTIONS NOT TO BE CONSIDERED MAJOR FOR
PURPOSES OF ENVIRONMENTAL REVIEW.
In the case of a loan, loan guarantee, or grant program in the rural
development mission area of the Department of Agriculture, an action of
the Secretary before, on, or after the date of enactment of this Act
that does not involve the provision by the Department of Agriculture of
Federal dollars or a Federal loan guarantee, including--
(1) the approval by the Department of Agriculture of the
decision of a borrower to commence a privately funded activity;
(2) a lien accommodation or subordination;
(3) a debt settlement or restructuring; or
(4) the restructuring of a business entity by a borrower,
shall not be considered a major Federal action.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 7101. OPTION TO NOT BE INCLUDED AS HISPANIC-SERVING AGRICULTURAL
COLLEGE OR UNIVERSITY.
Section 1404(10)(A) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3103(10)(A)) is amended--
(1) in the matter preceding clause (i), by striking ``that'';
(2) in clause (i)--
(A) by inserting ``that'' before ``qualify''; and
(B) by striking ``and'' at the end;
(3) in clause (ii)--
(A) by inserting ``that'' before ``offer''; and
(B) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following new clause:
``(iii) with respect to which the Secretary
has not received a statement of the declaration
of the intent of a college or university to not
be considered a Hispanic-serving agricultural
college or university.''.
SEC. 7102. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND
ECONOMICS ADVISORY BOARD.
(a) Extension of Termination Date.--Section 1408(h) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3123(h)) is amended by striking ``2012'' and inserting ``2017''.
(b) Duties of National Agricultural Research, Extension, Education,
and Economics Advisory Board.--Section 1408(c) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3123(c)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4)(C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) consult with industry groups on agricultural research,
extension, education, and economics, and make recommendations
to the Secretary based on that consultation.''.
SEC. 7103. SPECIALTY CROP COMMITTEE.
Section 1408A(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123a(c)) is amended--
(1) in paragraph (1), by striking ``Measures'' and inserting
``Programs'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively; and
(4) in paragraph (2) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by
striking ``Programs that would'' and inserting
``Research, extension, and teaching programs designed
to improve competitiveness in the specialty crop
industry, including programs that would'';
(B) in subparagraph (D), by inserting ``including
improving the quality and taste of processed specialty
crops'' before the semicolon; and
(C) in subparagraph (G), by inserting ``the remote
sensing and the'' before ``mechanization''.
SEC. 7104. VETERINARY SERVICES GRANT PROGRAM.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1415A (7 U.S.C.
3151a) the following new section:
``SEC. 1415B. VETERINARY SERVICES GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Qualified entity.--The term `qualified entity' means--
``(A) a for-profit or nonprofit entity located in the
United States that, or an individual who, operates a
veterinary clinic providing veterinary services--
``(i) in a rural area, as defined in section
343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)); and
``(ii) in a veterinarian shortage situation;
``(B) a State, national, allied, or regional
veterinary organization or specialty board recognized
by the American Veterinary Medical Association;
``(C) a college or school of veterinary medicine
accredited by the American Veterinary Medical
Association;
``(D) a university research foundation or veterinary
medical foundation;
``(E) a department of veterinary science or
department of comparative medicine accredited by the
Department of Education;
``(F) a State agricultural experiment station; or
``(G) a State, local, or tribal government agency.
``(2) Veterinarian shortage situation.--The term
`veterinarian shortage situation' means a veterinarian shortage
situation as determined by the Secretary under section 1415A.
``(b) Establishment.--
``(1) Competitive grants.--The Secretary shall carry out a
program to make competitive grants to qualified entities that
carry out programs or activities described in paragraph (2) for
the purpose of developing, implementing, and sustaining
veterinary services.
``(2) Eligibility requirements.--A qualified entity shall be
eligible to receive a grant described in paragraph (1) if the
entity carries out programs or activities that the Secretary
determines will--
``(A) substantially relieve veterinarian shortage
situations;
``(B) support or facilitate private veterinary
practices engaged in public health activities; or
``(C) support or facilitate the practices of
veterinarians who are providing or have completed
providing services under an agreement entered into with
the Secretary under section 1415A(a)(2).
``(c) Award Processes and Preferences.--
``(1) Application, evaluation, and input processes.--In
administering the grant program established under this section,
the Secretary shall--
``(A) use an appropriate application and evaluation
process, as determined by the Secretary; and
``(B) seek the input of interested persons.
``(2) Coordination preference.--In selecting recipients of
grants to be used for any of the purposes described in
subsection (d)(1), the Secretary shall give a preference to
qualified entities that provide documentation of coordination
with other qualified entities, with respect to any such
purpose.
``(3) Consideration of available funds.--In selecting
recipients of grants to be used for any of the purposes
described in subsection (d), the Secretary shall take into
consideration the amount of funds available for grants and the
purposes for which the grant funds will be used.
``(4) Nature of grants.--A grant awarded under this section
shall be considered to be a competitive research, extension, or
education grant.
``(d) Use of Grants to Relieve Veterinarian Shortage Situations and
Support Veterinary Services.--
``(1) In general.--Except as provided in paragraph (2), a
qualified entity may use funds provided by a grant awarded
under this section to relieve veterinarian shortage situations
and support veterinary services for any of the following
purposes:
``(A) To promote recruitment (including for programs
in secondary schools), placement, and retention of
veterinarians, veterinary technicians, students of
veterinary medicine, and students of veterinary
technology.
``(B) To allow veterinary students, veterinary
interns, externs, fellows, and residents, and
veterinary technician students to cover expenses (other
than the types of expenses described in section
1415A(c)(5)) to attend training programs in food safety
or food animal medicine.
``(C) To establish or expand accredited veterinary
education programs (including faculty recruitment and
retention), veterinary residency and fellowship
programs, or veterinary internship and externship
programs carried out in coordination with accredited
colleges of veterinary medicine.
``(D) To provide continuing education and extension,
including veterinary telemedicine and other distance-
based education, for veterinarians, veterinary
technicians, and other health professionals needed to
strengthen veterinary programs and enhance food safety.
``(E) To provide technical assistance for the
preparation of applications submitted to the Secretary
for designation as a veterinarian shortage situation
under this section or section 1415A.
``(2) Qualified entities operating veterinary clinics.--A
qualified entity described in subsection (a)(1)(A) may only use
funds provided by a grant awarded under this section to
establish or expand veterinary practices, including--
``(A) equipping veterinary offices;
``(B) sharing in the reasonable overhead costs of
such veterinary practices, as determined by the
Secretary; or
``(C) establishing mobile veterinary facilities in
which a portion of the facilities will address
education or extension needs.
``(e) Special Requirements for Certain Grants.--
``(1) Terms of service requirements.--
``(A) In general.--Funds provided through a grant
made under this section to a qualified entity described
in subsection (a)(1)(A) and used by such entity under
subsection (d)(2) shall be subject to an agreement
between the Secretary and such entity that includes a
required term of service for such entity (including a
qualified entity operating as an individual), as
prospectively established by the Secretary.
``(B) Considerations.--In establishing a term of
service under subparagraph (A), the Secretary shall
consider only--
``(i) the amount of the grant awarded; and
``(ii) the specific purpose of the grant.
``(2) Breach remedies.--
``(A) In general.--An agreement under paragraph (1)
shall provide remedies for any breach of the agreement
by the qualified entity referred to in paragraph
(1)(A), including repayment or partial repayment of the
grant funds, with interest.
``(B) Waiver.--The Secretary may grant a waiver of
the repayment obligation for breach of contract if the
Secretary determines that such qualified entity
demonstrates extreme hardship or extreme need.
``(C) Treatment of amounts recovered.--Funds
recovered under this paragraph shall--
``(i) be credited to the account available to
carry out this section; and
``(ii) remain available until expended
without further appropriation.
``(f) Prohibition on Use of Grant Funds for Construction.--Except as
provided in subsection (d)(2), funds made available for grants under
this section may not be used--
``(1) to construct a new building or facility; or
``(2) to acquire, expand, remodel, or alter an existing
building or facility, including site grading and improvement
and architect fees.
``(g) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall promulgate regulations
to carry out this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
fiscal year 2013 and each fiscal year thereafter, to remain available
until expended.''.
SEC. 7105. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURE SCIENCES
EDUCATION.
Section 1417(m) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3152(m)) is amended by striking
``section $60,000,000'' and all that follows and inserting the
following: ``section--
``(1) $60,000,000 for each of fiscal years 1990 through 2012;
and
``(2) $40,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7106. POLICY RESEARCH CENTERS.
Section 1419A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3155) is amended--
(1) in the section heading, by inserting ``agricultural and
food'' before ``policy'';
(2) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``Secretary may'' and inserting
``Secretary shall, acting through the Office of the
Chief Economist,'';
(B) by striking ``make grants, competitive grants,
and special research grants to, and enter into
cooperative agreements and other contracting
instruments with,'' and inserting ``make competitive
grants to or enter into cooperative agreements with'';
and
(C) by inserting ``with a history of providing
unbiased, nonpartisan economic analysis to Congress''
after ``subsection (b)'';
(3) in subsection (b), by striking ``other research
institutions'' and all that follows through ``shall be
eligible'' and inserting ``and other public research
institutions and organizations shall be eligible'';
(4) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(5) by inserting after subsection (b), the following new
subsection:
``(c) Preference.--In awarding grants under this section, the
Secretary shall give a preference to policy research centers that have
extensive databases, models, and demonstrated experience in providing
Congress with agricultural market projections, rural development
analysis, agricultural policy analysis, and baseline projections at the
farm, multiregional, national, and international levels.''; and
(6) by striking subsection (e) (as redesignated by paragraph
(4)) and inserting the following new subsection:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for each of fiscal years
1996 through 2012; and
``(2) $5,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7107. REPEAL OF HUMAN NUTRITION INTERVENTION AND HEALTH PROMOTION
RESEARCH PROGRAM.
Section 1424 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3174) is repealed.
SEC. 7108. REPEAL OF PILOT RESEARCH PROGRAM TO COMBINE MEDICAL AND
AGRICULTURAL RESEARCH.
Section 1424A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3174a) is repealed.
SEC. 7109. NUTRITION EDUCATION PROGRAM.
Section 1425(f) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3175(f)) is amended by striking
``2012'' and inserting ``2017''.
SEC. 7110. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH PROGRAMS.
Section 1433 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3195) is amended by striking the
section designation and heading and all that follows through subsection
(a) and inserting the following:
``SEC. 1433. APPROPRIATIONS FOR CONTINUING ANIMAL HEALTH AND DISEASE
RESEARCH PROGRAMS.
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to
support continuing animal health and disease research programs
at eligible institutions--
``(A) $25,000,000 for each of fiscal years 1991
through 2012; and
``(B) $15,000,000 for each of fiscal years 2013
through 2017.
``(2) Use of funds.--Funds made available under this section
shall be used--
``(A) to meet the expenses of conducting animal
health and disease research, publishing and
disseminating the results of such research, and
contributing to the retirement of employees subject to
the Act of March 4, 1940 (7 U.S.C. 331);
``(B) for administrative planning and direction; and
``(C) to purchase equipment and supplies necessary
for conducting the research described in subparagraph
(A).''.
SEC. 7111. REPEAL OF APPROPRIATIONS FOR RESEARCH ON NATIONAL OR
REGIONAL PROBLEMS.
(a) Repeal.--Section 1434 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3196) is repealed.
(b) Conforming Amendments.--
(1) Matching funds.--Section 1438 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3200) is amended in the first sentence by
striking ``, exclusive of the funds provided for research on
specific national or regional animal health and disease
problems under the provisions of section 1434 of this title,''.
(2) Authorization of appropriations for existing and certain
new agricultural research programs.--Section 1463(c) of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3311(c)) is amended by striking
``sections 1433 and 1434'' and inserting ``section 1433''.
SEC. 7112. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES FACILITIES
AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE
UNIVERSITY.
Section 1447(b) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended by striking
``2012'' and inserting ``2017''.
SEC. 7113. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCE FACILITIES
AND EQUIPMENT AT INSULAR AREA LAND-GRANT
INSTITUTIONS.
(a) Supporting Tropical and Subtropical Agricultural Research.--
(1) In general.--Section 1447B(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3222b-2(a)) is amended to read as follows:
``(a) Purpose.--It is the intent of Congress to assist the land-grant
colleges and universities in the insular areas in efforts to--
``(1) acquire, alter, or repair facilities or relevant
equipment necessary for conducting agricultural research; and
``(2) support tropical and subtropical agricultural research,
including pest and disease research.''.
(2) Conforming amendment.--Section 1447B of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3222b-2) is amended in the heading--
(A) by inserting ``and support tropical and
subtropical agricultural research'' after
``equipment''; and
(B) by striking ``institutions'' and inserting
``colleges and universities''.
(b) Extension.--Section 1447B(d) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b-
2(d)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 7114. REPEAL OF NATIONAL RESEARCH AND TRAINING VIRTUAL CENTERS.
Section 1448 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222c) is repealed.
SEC. 7115. HISPANIC-SERVING INSTITUTIONS.
Section 1455(c) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3241(c)) is amended by striking
``2012'' and inserting ``2017''.
SEC. 7116. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL SCIENCE
AND EDUCATION PROGRAMS.
Section 1459A(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)) is amended to read
as follows:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for each of fiscal years
1999 through 2012; and
``(2) $5,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7117. REPEAL OF RESEARCH EQUIPMENT GRANTS.
Section 1462A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310a) is repealed.
SEC. 7118. UNIVERSITY RESEARCH.
Section 1463 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended in both of
subsections (a) and (b) by striking ``2012'' and inserting ``2017''.
SEC. 7119. EXTENSION SERVICE.
Section 1464 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking
``2012'' and inserting ``2017''.
SEC. 7120. AUDITING, REPORTING, BOOKKEEPING, AND ADMINISTRATIVE
REQUIREMENTS.
Section 1469 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3315) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by adding ``and'' at the end;
(B) by striking paragraph (3); and
(C) by redesignating paragraph (4) as paragraph (3);
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Administrative Expenses.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, the Secretary may
retain not more than 4 percent of amounts made available for
agricultural research, extension, and teaching assistance
programs for the administration of those programs authorized
under this Act or any other Act.
``(2) Exceptions.--The limitation on administrative expenses
under paragraph (1) shall not apply to peer panel expenses
under subsection (d) or any other provision of law related to
the administration of agricultural research, extension, and
teaching assistance programs that contains a limitation on
administrative expenses that is less than the limitation under
paragraph (1).''.
SEC. 7121. SUPPLEMENTAL AND ALTERNATIVE CROPS.
(a) Authorization of Appropriations and Termination.--Section 1473D
of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3319d) is amended--
(1) in subsection (a), by striking ``2012'' and inserting
``2017''; and
(2) by adding at the end the following new subsection:
``(e) There are authorized to be appropriated to carry out this
section--
``(1) such sums as are necessary for fiscal year 2012; and
``(2) $1,000,000 for each of fiscal years 2013 through
2017.''.
(b) Competitive Grants.--Section 1473D(c)(1) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3319d(c)(1)) is amended by striking ``use such research funding,
special or competitive grants, or other means, as the Secretary
determines,'' and inserting ``make competitive grants''.
SEC. 7122. CAPACITY BUILDING GRANTS FOR NLGCA INSTITUTIONS.
Section 1473F(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3319i(b)) is amended by
striking ``2012'' and inserting ``2017''.
SEC. 7123. AQUACULTURE ASSISTANCE PROGRAMS.
(a) Competitive Grants.--Section 1475(b) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3322(b))
is amended in the matter preceding paragraph (1), by inserting
``competitive'' before ``grants''.
(b) Authorization of Appropriations.--Section 1477 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3324) is amended to read as follows:
``SEC. 1477. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this subtitle--
``(1) $7,500,000 for each of fiscal years 1991 through 2012;
and
``(2) $5,000,000 for each of fiscal years 2013 through 2017.
``(b) Prohibition on Use.--Funds made available under this section
may not be used to acquire or construct a building.''.
SEC. 7124. RANGELAND RESEARCH PROGRAMS.
Section 1483(a) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3336(a)) is amended by striking
``subtitle'' and all that follows and inserting the following:
``subtitle--
``(1) $10,000,000 for each of fiscal years 1991 through 2012;
and
``(2) $2,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7125. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND RESPONSE.
Section 1484(a) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3351(a)) is amended by striking
``response such sums as are necessary'' and all that follows and
inserting the following: ``response--
``(1) such sums as are necessary for each of fiscal years
2002 through 2012; and
``(2) $10,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7126. DISTANCE EDUCATION AND RESIDENT INSTRUCTION GRANTS PROGRAM
FOR INSULAR AREA INSTITUTIONS OF HIGHER EDUCATION.
(a) Distance Education Grants for Insular Areas.--
(1) Competitive grants.--Section 1490(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3362(a)) is amended by striking ``or
noncompetitive''.
(2) Authorization of appropriations.--Section 1490(f) of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3362(f)) is amended by striking
``section'' and all that follows and inserting the following:
``section--
``(1) such sums as are necessary for each of fiscal years
2002 through 2012; and
``(2) $2,000,000 for each of fiscal years 2013 through
2017.''.
(b) Resident Instruction Grants for Insular Areas.--Section 1491(c)
of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3363(c)) is amended by striking ``such sums as
are necessary'' and all that follows and inserting the following: ``to
carry out this section--
``(1) such sums as are necessary for each of fiscal years
2002 through 2012; and
``(2) $2,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7127. MATCHING FUNDS REQUIREMENT.
(a) In General.--The National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.) is amended by
adding at the end the following new subtitle:
``Subtitle P--General Provisions
``SEC. 1492. MATCHING FUNDS REQUIREMENT.
``(a) Matching Funds Requirement.--The recipient of a competitive
grant that is awarded by the Secretary under a covered law and that
involves applied research or extension that is commodity-specific or
State-specific shall provide funds, in-kind contributions, or a
combination of both, from sources other than funds provided through
such grant in an amount at least equal to the amount of such grant.
``(b) Waiver Authority.--The Secretary may waive the matching funds
requirement under subsection (a) with respect to a competitive grant
that involves applied research or extension that the National
Agricultural Research, Extension, Education, and Economics Advisory
Board has determined is a national priority under section 1408(c).
``(c) Definitions.--In this section:
``(1) Applied research.--The term `applied research' has the
meaning given such term in section 251(f)(1)(B) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6971(f)(1)(B)).
``(2) Covered law.--The term `covered law' means each of the
following provisions of law:
``(A) This title.
``(B) Title XVI of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5801 et
seq.).
``(C) The Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7601 et seq.).
``(D) Section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f).
``(E) Part III of subtitle E of title VII of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C.
3202 et seq.).
``(F) The Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i).''.
(b) Conforming Amendment.--Paragraph (9) of section 2(b) of the
Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)) is amended--
(1) by striking subparagraph (B);
(2) in the heading, by inserting ``for equipment grants''
after ``funds'';
(3) by striking ``(A) Equipment grants.--''; and
(4) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and moving the margins of such
subparagraphs two ems to the left.
(c) Application to Amendments.--
(1) New grants.--Section 1492 of the National Agricultural,
Research, Extension, and Teaching Policy Act of 1977, as added
by subsection (a), shall apply with respect to grants described
in such section awarded after October 1, 2012, unless the
provision of a covered law under which such grants are awarded
specifically exempts such grants from the matching funds
requirement under such section.
(2) Existing grants.--A matching funds requirement in effect
on or before October 1, 2012, under a covered law shall
continue to apply to a grant awarded under such provision of
law on or before that date.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICATIONS.
Section 1624 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5814) is amended in the first sentence--
(1) by striking ``$40,000,000 for each fiscal year''; and
(2) by inserting ``$40,000,000 for each of fiscal years 2012
through 2017'' after ``chapter''.
SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS.
Section 1627(d) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5821(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section through the National Institute
of Food and Agriculture $20,000,000 for each of fiscal years 2012
through 2017.''.
SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT AND TRANSFER
PROGRAM.
Section 1628(f) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5831(f)) is amended to read as follows:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for fiscal year 2012; and
``(2) $5,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7204. NATIONAL TRAINING PROGRAM.
Section 1629(i) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5832(i)) is amended to read as follows:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the National Training Program $20,000,000 for
each of fiscal years 2012 through 2017.''.
SEC. 7205. NATIONAL GENETICS RESOURCES PROGRAM.
Section 1635(b) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5844(b)) is amended--
(1) by striking ``such funds as may be necessary''; and
(2) by striking ``subtitle'' and all that follows and
inserting the following: ``subtitle--
``(1) such sums as are necessary for each of fiscal years
1991 through 2012; and
``(2) $1,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7206. REPEAL OF NATIONAL AGRICULTURAL WEATHER INFORMATION SYSTEM.
Subtitle D of title XVI of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5851 et seq.) is repealed.
SEC. 7207. REPEAL OF RURAL ELECTRONIC COMMERCE EXTENSION PROGRAM.
Section 1670 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5923) is repealed.
SEC. 7208. REPEAL OF AGRICULTURAL GENOME INITIATIVE.
Section 1671 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5924) is repealed.
SEC. 7209. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5925) is amended--
(1) in the first sentence of subsection (a), by striking
``subsections (e) through (i)'' and inserting ``subsections (e)
through (g)'';
(2) in subsection (b)(2), in the first sentence, by striking
``subsections (e) through (i)'' and inserting ``subsections (e)
through (g)'';
(3) in subsection (c)(2)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) the project involves a pest that has been
designated as a pest of public health significance by
the Environmental Protection Agency and the Centers for
Disease Control and Prevention, as described in section
2(nn) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136(nn)).'';
(4) by striking subsections (e), (f), and (i);
(5) by redesignating subsections (g), (h), and (j) as
subsections (e), (f), and (h), respectively;
(6) in subsection (e) (as redesignated by paragraph (5))--
(A) in the heading, by inserting ``, Bed Bugs, and
Other Pests'' after ``Termite''; and
(B) by inserting ``, bed bugs, and other pests,
including pests that the Secretary determines are a
risk to public health'' after ``termites'' each place
it appears in paragraphs (1), (2)(A), and (3);
(7) in subsection (f) (as redesignated by paragraph (5))--
(A) by striking ``2012'' each place it appears in
paragraphs (1)(B), (2)(B), and (3) and inserting
``2017''; and
(B) in paragraph (4)--
(i) in subparagraph (A), by inserting ``and
honey bee health disorders'' after
``collapse''; and
(ii) in subparagraph (B), by inserting ``,
including best management practices'' after
``strategies'';
(8) by inserting after subsection (f) (as redesignated by
paragraph (5)), the following new subsection:
``(g) Bed Bug Control.--
``(1) Authorization and use of grants.--The Secretary, in
consultation with a task force appointed under subsection
(b)(2), shall award grants under this subsection for purposes
of--
``(A) developing more efficacious methods of
detecting, preventing, and managing bed bugs; and
``(B) conducting basic and applied bed bug biology
research.
``(2) Grants.--
``(A) Requests for proposals.--The Secretary shall,
not later than 180 days after the date of the enactment
of this subsection and in consultation with the task
force, publish a request for openly competitive grant
proposals for research projects for the purposes
described in paragraph (1).
``(B) Award of grants.--Not later than 180 days after
the date of such publication, the Secretary shall--
``(i) evaluate the grant proposals referred
to in subparagraph (A) in consultation with the
task force; and
``(ii) award grants to entities that
submitted grant proposals for research projects
the Secretary determines are meritorious for
the purposes described in paragraph (1).
``(C) Notification requirement.--The Secretary shall
notify the task force of any award made under
subparagraph (B) not later than 30 days after awarding
such grant.
``(3) Consultation and coordination.--To expedite the
approval or registration under section 3, section 18, or
section 24 of the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. 136a, 136p, and 136v) of the methods
identified or discovered through research projects funded under
this subsection, the Secretary shall consult and coordinate
with the Administrator of the Environmental Protection Agency
regarding--
``(A) the awarding of grants under this subsection;
and
``(B) the evaluation of the results of such research
projects.''; and
(9) in subsection (h) (as redesignated by paragraph (5)), by
striking ``2012'' and inserting ``2017''.
SEC. 7210. REPEAL OF NUTRIENT MANAGEMENT RESEARCH AND EXTENSION
INITIATIVE.
Section 1672A of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925a) is repealed.
SEC. 7211. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
Section 1672B of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925b) is amended--
(1) by striking subsection (e) and inserting the following
new subsection:
``(e) Farm Business Management Encouraged.--Following the completion
of a peer review process for grant proposals received under this
section, the Secretary shall provide a priority to grant proposals
found in the review process to be scientifically meritorious using the
same criteria the Secretary uses to give priority to grants under
section 1672D(b).''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and''
at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraph:
``(C) $16,000,000 for each of fiscal years 2013
through 2017.''; and
(B) in paragraph (2), by striking ``2012'' and
inserting ``2017''.
SEC. 7212. REPEAL OF AGRICULTURAL BIOENERGY FEEDSTOCK AND ENERGY
EFFICIENCY RESEARCH AND EXTENSION INITIATIVE.
(a) Repeal.--Section 1672C of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5925e) is repealed.
(b) Conforming Amendment.--Section 251(f)(1)(D) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) is
amended--
(1) by striking clause (xi); and
(2) by redesignating clauses (xii) and (xiii) as clauses (xi)
and (xii), respectively.
SEC. 7213. FARM BUSINESS MANAGEMENT.
Section 16f72D(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925f(d)) is amended by striking ``such sums as
are necessary to carry out this section.'' and inserting the following:
``to carry out this section--
``(1) such sums as are necessary for fiscal year 2012; and
``(2) $5,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7214. REGIONAL CENTERS OF EXCELLENCE.
The Food, Agriculture, Conservation, and Trade Act of 1990 is amended
by inserting after section 1672D (7 U.S.C. 5925f) the following new
section:
``SEC. 1673. REGIONAL CENTERS OF EXCELLENCE.
``(a) Funding Priorities.--The Secretary shall prioritize regional
centers of excellence established for specific agricultural commodities
for the receipt of funding for any competitive research or extension
program administered by the Secretary.
``(b) Composition.--A regional center of excellence is composed of 1
or more of the eligible entities specified in section 2(b)(7) of the
Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)(7)).
``(c) Criteria for Regional Centers of Excellence.--The criteria for
consideration to be recognized as a regional center of excellence shall
include efforts--
``(1) to ensure coordination and cost effectiveness by
reducing unnecessarily duplicative efforts regarding research,
teaching, and extension;
``(2) to leverage available resources by using public/private
partnerships among agricultural industry groups, institutions
of higher education, and the Federal Government;
``(3) to implement teaching initiatives to increase awareness
and effectively disseminate solutions to target audiences
through extension activities;
``(4) to increase the economic returns to rural communities
by identifying, attracting, and directing funds to high-
priority agricultural issues; and
``(5) to improve teaching capacity and infrastructure at
colleges and universities (including land-grant institutions,
schools of forestry, schools of veterinary medicine, and NLGCA
Institutions).''.
SEC. 7215. REPEAL OF RED MEAT SAFETY RESEARCH CENTER.
Section 1676 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5929) is repealed.
SEC. 7216. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES.
Section 1680(c)(1) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5933(c)(1)) is amended--
(1) by striking ``is'' and inserting ``are''; and
(2) by striking ``section'' and all that follows and
inserting the following: ``section--
``(A) $6,000,000 for each of fiscal years 1999
through 2012; and
``(B) $3,000,000 for each of fiscal years 2013
through 2017.''.
SEC. 7217. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
Section 2381(e) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 3125b(e)) is amended by striking ``2012'' and
inserting ``2017''.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
SEC. 7301. RELEVANCE AND MERIT OF AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION FUNDED BY THE DEPARTMENT.
Section 103(a)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7613(a)(2)) is amended--
(1) in the heading by striking ``Merit review of extension''
and inserting ``Relevance and merit review of research,
extension,'';
(2) in subparagraph (A)--
(A) by inserting ``relevance and'' before ``merit'';
and
(B) by striking ``extension or education'' and
inserting ``research, extension, or education''; and
(3) in subparagraph (B), by inserting ``on a continuous
basis'' after ``procedures''.
SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION COMPETITIVE
GRANTS PROGRAM.
Section 406(f) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7626(f)) is amended by striking ``2012''
and inserting ``2017''.
SEC. 7303. REPEAL OF COORDINATED PROGRAM OF RESEARCH, EXTENSION, AND
EDUCATION TO IMPROVE VIABILITY OF SMALL AND MEDIUM
SIZE DAIRY, LIVESTOCK, AND POULTRY OPERATIONS.
(a) Repeal.--Section 407 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7627) is repealed.
(b) Conforming Amendment.--Section 251(f)(1)(D) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)), as
amended by section 7212(b), is further amended--
(1) by striking clause (xi) (as redesignated by section
7212(b)); and
(2) by redesignating clause (xii) (as redesignated by section
7212(b)) as clause (xi).
SEC. 7304. REPEAL OF BOVINE JOHNE'S DISEASE CONTROL PROGRAM.
Section 409 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7629) is repealed.
SEC. 7305. GRANTS FOR YOUTH ORGANIZATIONS.
Section 410(d) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7630(d)) is amended by striking ``section
such sums as are necessary'' and all that follows and inserting the
following: ``section--
``(1) such sums as are necessary for each of fiscal years
2008 through 2012; and
``(2) $3,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7306. SPECIALTY CROP RESEARCH INITIATIVE.
Section 412 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7632) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and genomics''
and inserting ``genomics, and other methods''; and
(B) in paragraph (3), by inserting ``handling and
processing,'' after ``production efficiency,'';
(2) by striking subsection (d) and inserting the following
new subsection:
``(d) Research Projects.--In carrying out this section, the Secretary
shall award competitive grants on the basis of--
``(1) an initial scientific peer review conducted by a panel
of subject matter experts from Federal agencies, non-Federal
entities, and the specialty crop industry; and
``(2) a final funding determination made by the Secretary
based on a review and ranking for merit, relevance, and impact
conducted by a panel of specialty crop industry representatives
for the specific specialty crop.''; and
(3) in subsection (h)--
(A) in paragraph (1)--
(i) by striking ``(1) In general.--Of the
funds'' and inserting the following:
``(1) Mandatory funding.--
``(A) In general.--Of the funds''; and
(ii) by adding at the end the following new
subparagraph:
``(B) Subsequent funding.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out this section--
``(i) $25,000,000 for fiscal year 2013;
``(ii) $30,000,000 for each of fiscal years
2014 and 2015;
``(iii) $65,000,000 for fiscal year 2016; and
``(iv) $50,000,000 for fiscal year 2017 and
each fiscal year thereafter.''; and
(B) in paragraph (2), by striking ``2012'' and
inserting ``2017''.
SEC. 7307. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.
Section 604(e) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by striking ``2012''
and inserting ``2017''.
SEC. 7308. REPEAL OF NATIONAL SWINE RESEARCH CENTER.
Section 612 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (Public Law 105-185; 112 Stat. 605) is repealed.
SEC. 7309. OFFICE OF PEST MANAGEMENT POLICY.
Section 614(f) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7653(f)) is amended--
(1) by striking ``such sums as are necessary''; and
(2) by striking ``section'' and all that follows and
inserting the following: ``section--
``(1) such sums as are necessary for each of fiscal years
1999 through 2012; and
``(2) $3,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7310. REPEAL OF STUDIES OF AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION.
Subtitle C of title VI of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7671 et seq.) is repealed.
Subtitle D--Other Laws
SEC. 7401. CRITICAL AGRICULTURAL MATERIALS ACT.
Section 16(a) of the Critical Agricultural Materials Act (7 U.S.C.
178n(a)) is amended--
(1) by striking ``such sums as are necessary''; and
(2) by striking ``Act'' and all that follows and inserting
the following: ``Act--
``(1) such sums as are necessary for each of fiscal years
1991 through 2012; and
``(2) $2,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7402. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
(a) Definition of 1994 Institutions.--Section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended--
(1) in paragraph (8), by striking ``Memorial'';
(2) in paragraph (26), by striking ``Community'';
(3) by striking paragraphs (5), (10), and (27);
(4) by redesignating paragraphs (1), (2), (3), (4), (6), (7),
(8), (9), (11), (12), (13), (14), (15), (16), (17), (18), (19),
(20), (21), (22), (23), (24), (25), (26), (28), (29), (30),
(31), (32), (33), and (34) as paragraphs (2), (3), (4), (8),
(9), (10), (5), (11), (12), (13), (14), (16), (18), (19), (20),
(21), (23), (24), (25), (26), (33), (27), (28), (29), (30),
(31), (32), (34), (35), (36), and (15) respectively, and
transferring the paragraphs so as to appear in numerical order;
(5) by inserting before paragraph (2) (as so redesignated),
the following new paragraph:
``(1) Aaniih Nakoda College.'';
(6) by inserting after paragraph (5) (as so redesignated),
the following new paragraphs:
``(6) College of the Muscogee Nation.
``(7) Comanche Nation College.'';
(7) by inserting after paragraph (16) (as so redesignated)
the following new paragraph:
``(17) Keweenaw Bay Ojibwa Community College.''; and
(8) by inserting after paragraph (21) (as so redesignated)
the following new paragraph:
``(22) Navajo Technical College.''.
(b) Endowment for 1994 Institutions.--Section 533(b) of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended in the first sentence by striking ``2012'' and
inserting ``2017''.
(c) Institutional Capacity Building Grants.--Section 535 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382) is amended by striking ``2012'' each place it
appears in subsections (b)(1) and (c) and inserting ``2017''.
(d) Research Grants.--
(1) Authorization of appropriations.--Section 536(c) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382) is amended in the first sentence
by striking ``2012'' and inserting ``2017''.
(2) Research grant requirements.--Section 536(b) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382) is amended by striking ``with at
least 1 other land-grant college or university'' and all that
follows and inserting the following: ``with--
``(1) the Agricultural Research Service of the Department of
Agriculture; or
``(2) at least 1--
``(A) other land-grant college or university
(exclusive of another 1994 Institution);
``(B) non-land-grant college of agriculture (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)); or
``(C) cooperating forestry school (as defined in that
section).''.
SEC. 7403. RESEARCH FACILITIES ACT.
Section 6(a) of the Research Facilities Act (7 U.S.C. 390d(a)) is
amended by striking ``2012'' and inserting ``2017''.
SEC. 7404. REPEAL OF CARBON CYCLE RESEARCH.
Section 221 of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
6711) is repealed.
SEC. 7405. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANT ACT.
(a) Extension.--Section 2(b)(11)(A) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i(b)(11)(A)) is amended in
the matter preceding clause (i) by striking ``2012'' and inserting
``2017''.
(b) Priority Areas.--Section 2(b)(2) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(viii) plant-based foods that are major
sources of nutrients of concern (as determined
by the Secretary).'';
(2) in subparagraph (B)--
(A) in clause (vii), by striking ``and'' at the end;
(B) in clause (viii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(ix) the research and development of
surveillance methods, vaccines, vaccination
delivery systems, or diagnostic tests for
zoonotic diseases in wildlife reservoirs
presenting a potential concern to public health
or domestic livestock; and
``(x) the identification of animal drug needs
and the generation and dissemination of data
for safe and effective therapeutic applications
of animal drugs for minor species and minor
uses of such drugs in major species.'';
(3) in subparagraph (C)--
(A) in clause (ii), by inserting before the semicolon
``, including the effects of plant-based foods that are
major sources of nutrients of concern on diet and
health'';
(B) in clause (iii), by inserting before the
semicolon ``, including plant-based foods that are
major sources of nutrients of concern'';
(C) in clause (iv), by inserting before the semicolon
``, including postharvest practices conducted with
respect to plant-based foods that are major sources of
nutrients of concern''; and
(D) in clause (v), by inserting before the period ``,
including improving the functionality of plant-based
foods that are major sources of nutrients of concern'';
(4) in subparagraph (D)--
(A) by redesignating clauses (iv), (v), and (vi) as
clauses (v), (vi), and (vii), respectively; and
(B) by inserting after clause (iii) the following new
clause:
``(iv) the effectiveness of conservation
practices and technologies designed to address
nutrient losses and improve water quality;'';
and
(5) in subparagraph (F)--
(A) in the matter preceding clause (i), by inserting
``economics,'' after ``trade,'';
(B) by redesignating clauses (v) and (vi) as clauses
(vi) and (vii), respectively; and
(C) by inserting after clause (iv) the following new
clause:
``(v) the economic costs, benefits, and
viability of producers adopting conservation
practices and technologies designed to improve
water quality;''.
(c) General Administration.--Section 2(b)(4) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(4)) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) establish procedures under which a commodity
board established under a commodity promotion law (as
such term is defined under section 501(a) of the
Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7401(a))) or a State commodity board (or
other equivalent State entity) may directly submit to
the Secretary proposals for requests for applications
to specifically address particular issues related to
the priority areas specified in paragraph (2).''.
(d) Special Considerations.--Section 2(b)(6) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(6)) is
amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) to eligible entities to carry out the specific
research proposals submitted under procedures
established under paragraph (4)(F).''.
(e) Inter-Regional Research Project Number 4.--Section 2(e) of the
Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(e)) is amended--
(1) in paragraph (1)(A), by striking ``minor use pesticides''
and inserting ``pesticides for minor agricultural use and for
use on specialty crops (as defined in section 3 of the
Specialty Crop Competitiveness Act of 2004 (7 U.S.C. 1621
note)''; and
(2) in paragraph (4)--
(A) in subparagraph (A), by inserting ``and for use
on specialty crops'' after ``minor agricultural use'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as subparagraph
(G); and
(D) by inserting after subparagraph (B) the following
new subparagraphs:
``(C) prioritize potential pest management technology
for minor agricultural use and for use on specialty
crops;
``(D) conduct research to develop the data necessary
to facilitate pesticide registrations, reregistrations,
and associated tolerances;
``(E) assist in removing trade barriers caused by
residues of pesticides registered for minor
agricultural use and for use on domestically grown
specialty crops;
``(F) assist in the registration and reregistration
of pest management technologies for minor agricultural
use and for use on specialty crops; and''.
(f) Emphasis on Sustainable Agriculture.--Section 2 of the
Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i)
is amended by striking subsection (k).
SEC. 7406. RENEWABLE RESOURCES EXTENSION ACT OF 1978.
(a) Authorization of Appropriations.--Section 6 of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1675) is amended in the
first sentence by striking ``2012'' and inserting ``2017''.
(b) Termination Date.--Section 8 of the Renewable Resources Extension
Act of 1978 (16 U.S.C. 1671 note; Public Law 95-306) is amended by
striking ``2012'' and inserting ``2017''.
SEC. 7407. NATIONAL AQUACULTURE ACT OF 1980.
Section 10 of the National Aquaculture Act of 1980 (16 U.S.C. 2809)
is amended by striking ``2012'' each place it appears and inserting
``2017''.
SEC. 7408. REPEAL OF USE OF REMOTE SENSING DATA.
Section 892 of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 5935) is repealed.
SEC. 7409. REPEAL OF REPORTS UNDER FARM SECURITY AND RURAL INVESTMENT
ACT OF 2002.
(a) Repeal of Report on Producers and Handlers for Organic
Products.--Section 7409 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 5925b note; Public Law 107-171) is repealed.
(b) Repeal of Report on Genetically Modified Pest-protected Plants.--
Section 7410 of the Farm Security and Rural Investment Act of 2002
(Public Law 107-171; 116 Stat. 462) is repealed.
(c) Repeal of Study on Nutrient Banking.--Section 7411 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 5925a note; Public
Law 107-171) is repealed.
SEC. 7410. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM.
Section 7405 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 3319f) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking subparagraphs (A)
through (R) and inserting the following new
subparagraphs:
``(A) basic livestock, forest management, and crop
farming practices;
``(B) innovative farm, ranch, and private,
nonindustrial forest land transfer strategies;
``(C) entrepreneurship and business training;
``(D) financial and risk management training
(including the acquisition and management of
agricultural credit);
``(E) natural resource management and planning;
``(F) diversification and marketing strategies;
``(G) curriculum development;
``(H) mentoring, apprenticeships, and internships;
``(I) resources and referral;
``(J) farm financial benchmarking;
``(K) assisting beginning farmers or ranchers in
acquiring land from retiring farmers and ranchers;
``(L) agricultural rehabilitation and vocational
training for veterans; and
``(M) other similar subject areas of use to beginning
farmers or ranchers.'';
(B) in paragraph (7), by striking ``and community-
based organizations'' and inserting ``, community-based
organizations, and school-based agricultural
educational organizations'';
(C) by striking paragraph (8) and inserting the
following new paragraph:
``(8) Military veteran beginning farmers and ranchers.--
``(A) In general.--Not less than 5 percent of the
funds used to carry out this subsection for a fiscal
year shall be used to support programs and services
that address the needs of military veteran beginning
farmers and ranchers.
``(B) Coordination permitted.--A recipient of a grant
under this section using the grant as described in
subparagraph (A) may coordinate with a recipient of a
grant under section 1680 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5933) in
addressing the needs of military veteran beginning
farmers and ranchers with disabilities.''; and
(D) by adding at the end the following new paragraph:
``(11) Limitation on indirect costs.--A recipient of a grant
under this section may not use more than 10 percent of the
funds provided by the grant for the indirect costs of carrying
out the initiatives described in paragraph (1).'';
(2) in subsection (h)(1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) $10,000,000 for each of fiscal years 2013
through 2017, to remain available until expended.'';
and
(3) in subsection (h)(2), by striking ``2012'' and inserting
``2017''.
SEC. 7411. INCLUSION OF NORTHERN MARIANA ISLANDS AS A STATE UNDER
MCINTIRE-STENNIS COOPERATIVE FORESTRY ACT.
Section 8 of Public Law 87-788 (commonly known as the McIntire-
Stennis Cooperative Forestry Act; 16 U.S.C. 582a-7) is amended by
striking ``and Guam'' and inserting ``Guam, and the Commonwealth of the
Northern Mariana Islands''.
Subtitle E--Food, Conservation, and Energy Act of 2008
PART 1--AGRICULTURAL SECURITY
SEC. 7501. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.
Section 14112(c) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8912(c)) is amended to read as follows:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for each of fiscal years
2008 through 2012; and
``(2) $2,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7502. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL
BIOSECURITY PLANNING, PREPARATION, AND RESPONSE.
Section 14113 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8913) is amended--
(1) in subsection (a)(2)--
(A) by striking ``such sums as may be necessary'';
and
(B) by striking ``subsection'' and all that follows
and inserting the following: ``subsection--
``(1) such sums as are necessary for each of fiscal years
2008 through 2012; and
``(2) $15,000,000 for each of fiscal years 2013 through
2017.''; and
(2) in subsection (b)(2), by striking ``is authorized to be
appropriated to carry out this subsection'' and all that
follows and inserting the following: ``are authorized to be
appropriated to carry out this subsection--
``(1) $25,000,000 for each of fiscal years 2008 through 2012;
and
``(2) $15,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7503. RESEARCH AND DEVELOPMENT OF AGRICULTURAL COUNTERMEASURES.
Section 14121(b) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8921(b)) is amended by striking ``is authorized to be
appropriated to carry out this section'' and all that follows and
inserting the following: ``are authorized to be appropriated to carry
out this section--
``(1) $50,000,000 for each of fiscal years 2008 through 2012;
and
``(2) $15,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 7504. AGRICULTURAL BIOSECURITY GRANT PROGRAM.
Section 14122(e) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8922(e)) is amended--
(1) by striking ``sums as are necessary''; and
(2) by striking ``section'' and all that follows and
inserting the following: ``section--
``(1) such sums as are necessary for each of fiscal years
2008 through 2012, to remain available until expended; and
``(2) $5,000,000 for each of fiscal years 2013 through 2017,
to remain available until expended.''.
PART 2--MISCELLANEOUS
SEC. 7511. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.
Section 308 of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a) is amended--
(1) in subsection (b)(6)(A), by striking ``5 years'' and
inserting ``9 years''; and
(2) in subsection (d)(2), by striking ``1, 3, and 5 years''
and inserting ``5, 7, and 9 years''.
SEC. 7512. GRAZINGLANDS RESEARCH LABORATORY.
Section 7502 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2019) is amended by striking ``5-year
period'' and inserting ``9-year period''.
SEC. 7513. BUDGET SUBMISSION AND FUNDING.
Section 7506 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7614c) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Definitions.--In this section:
``(1) Covered program.--The term `covered program' means--
``(A) each research program carried out by the
Agricultural Research Service or the Economic Research
Service for which annual appropriations are requested
in the annual budget submission of the President; and
``(B) each competitive program carried out by the
National Institute of Food and Agriculture for which
annual appropriations are requested in the annual
budget submission of the President.
``(2) Request for awards.--The term `request for awards'
means a funding announcement published by the National
Institute of Food and Agriculture that provides detailed
information on funding opportunities at the Institute,
including the purpose, eligibility, restriction, focus areas,
evaluation criteria, regulatory information, and instructions
on how to apply for such opportunities.''; and
(2) by adding at the end the following new subsections:
``(e) Additional Presidential Budget Submission Requirement.--
``(1) In general.--Each year, the President shall submit to
Congress, together with the annual budget submission of the
President, the information described in paragraph (2) for each
funding request for a covered program.
``(2) Information described.--The information described in
this paragraph includes--
``(A) baseline information, including with respect to
each covered program--
``(i) the funding level for the program for
the fiscal year preceding the year the annual
budget submission of the President is
submitted;
``(ii) the funding level requested in the
annual budget submission of the President,
including any increase or decrease in the
funding level; and
``(iii) an explanation justifying any change
from the funding level specified in clause (i)
to the level specified in clause (ii);
``(B) with respect to each covered program that is
carried out by the Economic Research Service or the
Agricultural Research Service, the location and staff
years of the program;
``(C) the proposed funding levels to be allocated to,
and the expected publication date, scope, and
allocation level for, each request for awards to be
published under or associated with--
``(i) each priority area specified in section
2(b)(2) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C.
450i(b)(2));
``(ii) each research and extension project
carried out under section 1621(a) of the Food,
Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5811(a));
``(iii) each grant to be awarded under
section 1672B(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C.
5925b(a));
``(iv) each grant awarded under section
412(d) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C.
7632(d)); and
``(v) each grant awarded under 7405(c)(1) of
the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 3319f(c)(1)); or
``(D) any other information the Secretary determines
will increase congressional oversight with respect to
covered programs.
``(3) Prohibition.--Unless the President submits the
information described in paragraph (2)(C) for a fiscal year,
the President may not carry out any program during the fiscal
year that is authorized under--
``(A) section 2(b) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i(b));
``(B) section 1621 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5811);
``(C) section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b);
``(D) section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C.
7632); or
``(E) section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f).
``(f) Report of the Secretary of Agriculture.--Each year on a date
that is not later than the date on which the President submits the
annual budget, the Secretary shall submit to Congress a report
containing a description of the agricultural research, extension, and
education activities carried out by the Federal Government during the
fiscal year that immediately precedes the year for which the report is
submitted, including--
``(1) a review of the extent to which those activities--
``(A) are duplicative or overlap within the
Department of Agriculture; or
``(B) are similar to activities carried out by--
``(i) other Federal agencies;
``(ii) the States (including the District of
Columbia, the Commonwealth of Puerto Rico and
other territories or possessions of the United
States);
``(iii) institutions of higher education (as
defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)); or
``(iv) the private sector; and
``(2) for each report submitted under this section on or
after January 1, 2013, a 5-year projection of national
priorities with respect to agricultural research, extension,
and education, taking into account domestic needs.''.
SEC. 7514. REPEAL OF RESEARCH AND EDUCATION GRANTS FOR THE STUDY OF
ANTIBIOTIC-RESISTANT BACTERIA.
Section 7521 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 3202) is repealed.
SEC. 7515. REPEAL OF FARM AND RANCH STRESS ASSISTANCE NETWORK.
Section 7522 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5936) is repealed.
SEC. 7516. REPEAL OF SEED DISTRIBUTION.
Section 7523 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 415-1) is repealed.
SEC. 7517. NATURAL PRODUCTS RESEARCH PROGRAM.
Section 7525(e) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5937(e)) is amended to read as follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2013 through 2017.''.
SEC. 7518. SUN GRANT PROGRAM.
(a) In General.--Section 7526 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8114) is amended--
(1) in subsection (a)(4)(B), by striking ``the Department of
Energy'' and inserting ``other appropriate Federal agencies (as
determined by the Secretary)'';
(2) in subsection (c)(1)--
(A) in subparagraph (B), by striking ``multistate''
and all that follows through the period and inserting
``integrated, multistate research, extension, and
education programs on technology development and
technology implementation.'';
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as subparagraph
(C);
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``in accordance with
paragraph (2)'';
(ii) by striking ``gasification'' and
inserting ``bioproducts''; and
(iii) by striking ``the Department of
Energy'' and inserting ``other appropriate
Federal agencies'';
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(4) in subsection (g), by striking ``2012'' and inserting
``2017''.
(b) Conforming Amendments.--Section 7526(f)(1) of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8114(f)(1)) is amended
by striking ``subsection (c)(1)(D)(i)'' and inserting ``subsection
(c)(1)(C)(i)''.
SEC. 7519. REPEAL OF STUDY AND REPORT ON FOOD DESERTS.
Section 7527 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2039) is repealed.
SEC. 7520. REPEAL OF AGRICULTURAL AND RURAL TRANSPORTATION RESEARCH AND
EDUCATION.
Section 7529 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5938) is repealed.
SEC. 7521. CONVEYANCE OF LAND COMPRISING SUBTROPICAL HORTICULTURE
RESEARCH STATION.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Miami-Dade County in
the State of Florida.
(2) Property.--The term ``Property'' means approximately 2
acres, more or less, of the federally owned land comprising the
Subtropical Horticulture Research Station in the County,
which--
(A) has been mutually delineated by the Secretary and
the authorized representative of the County; and
(B) fronts on SW 67th Avenue in Palmetto Bay,
Florida.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(b) Property Conveyance.--
(1) In general.--Not later than 120 days after the date on
which the County deposits the consideration under paragraph (2)
and cost reimbursement provided in this section with the
Department of Agriculture, the Secretary shall convey and
quitclaim to the County, all rights, title, and interests of
the United States in the Property, subject to easements and
rights of record and such other reservations, terms, and
conditions as the Secretary may prescribe.
(2) Consideration.--
(A) In general.--As consideration for the conveyance
of the Property, the County shall pay to the Secretary
an amount in cash equal to the market value of the
property.
(B) Appraisal.--To determine the market value of the
Property, the Secretary shall have the Property
appraised for the highest and best use of the Property
in conformity with the Uniform Appraisal Standards for
Federal Land Acquisitions developed by the Interagency
Land Acquisition Conference. The approved appraisal
shall at all times be the property of the United
States.
(3) Corrections.--With the agreement of the County, the
Secretary may make minor corrections or modifications to the
legal description of the Property.
(4) Costs.--
(A) Transaction costs.--Except as provided in
subparagraph (C), the County shall, at closing for the
conveyance of the Property under this section, pay or
reimburse the Secretary, as appropriate, for the
reasonable transaction and administrative personnel
costs associated with the conveyance authorized by this
section, including the transaction costs of appraisal,
title, hazardous substances examination, and closing
costs.
(B) Administrative costs.--In addition to transaction
costs under subparagraph (A), the County shall pay
administrative costs in the liquidated amount of
$50,000.
(C) Attorneys' fees.--The County and the Secretary
shall each bear their own attorneys' fees.
(5) Survey.--The County shall, at its cost, survey the
exterior boundaries of the Subtropical Horticulture Research
Station and the Property in accordance with Federal survey
standards and to the satisfaction of the Secretary, and shall
provide to the Secretary certified originals with signature and
raised seal.
(6) Release.--The County, by a recordable instrument that the
Secretary determines is satisfactory, shall release the
Department of Agriculture from the instrument dated September
8, 2006, titled ``Unity of Title''.
(7) Security fencing.--On or before closing for the
conveyance of the Property under this section, the County
shall, at its cost, contract for the construction of a security
fence located on the boundary between the Property and the
adjacent land administered by the Secretary. The fence shall be
of materials and standards approved in advance by the
Secretary. The Secretary may approve temporary security
structures for use during construction phases of the fence.
(8) Other terms.--The Secretary and the County may otherwise
effect the purpose of this section on such additional terms as
are mutually acceptable and which are not inconsistent with the
provisions of this section.
(c) Receipts.--
(1) In general.--The Secretary shall deposit all funds
received from the conveyance authorized under this section,
including the market value consideration and the reimbursement
for costs, into the Treasury of the United States to be
credited to the appropriation for the Agricultural Research
Service.
(2) Use of funds.--Notwithstanding any limitation in
applicable appropriation Acts for the Department of Agriculture
or the Agricultural Research Service, all funds deposited into
the Treasury pursuant to subsection (b) shall be available to
the Secretary until expended, without further appropriation,
for the operation, upkeep, and maintenance of the Subtropical
Horticulture Research Station.
SEC. 7522. CONCESSIONS, FEES, AND VOLUNTARY SERVICES AT NATIONAL
ARBORETUM.
Section 6 of the Act of March 4, 1927 (20 U.S.C. 196) is amended--
(1) in subsection (a)(1), by inserting ``or nonprofit
organizations that support the purpose of the National
Arboretum'' after ``mission of the National Arboretum''; and
(2) by adding at the end the following new subsection:
``(d) Recognition of Donors.--A non-profit organization granted a
concession under subsection (a)(1) may recognize donors if such
recognition is approved in advance by the Secretary.''.
SEC. 7523. COTTON DISEASE RESEARCH REPORT.
Not later than 180 days after the date of the enactment of this Act,
the Secretary shall submit to Congress a report on the fungus fusarium
oxysporum f. sp. vasinfectum race 4 (referred to in this section as
``FOV Race 4'') and the impact of such fungus on cotton, including--
(1) an overview of the threat FOV Race 4 poses to the cotton
industry in the United States;
(2) the status and progress of Federal research initiatives
to detect, contain, or eradicate FOV Race 4, including current
FOV Race 4-specific research projects; and
(3) a comprehensive strategy to combat FOV Race 4 that
establishes--
(A) detection and identification goals;
(B) containment goals;
(C) eradication goals; and
(D) a plan to partner with the cotton industry in the
United States to maximize resources, information
sharing, and research responsiveness and effectiveness.
SEC. 7524. MISCELLANEOUS TECHNICAL CORRECTIONS.
Sections 7408 and 7409 of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 2013) are both amended by striking
``Title III of the Department of Agriculture Reorganization Act of
1994'' and inserting ``Title III of the Federal Crop Insurance Reform
and Department of Agriculture Reorganization Act of 1994''.
TITLE VIII--FORESTRY
Subtitle A--Repeal of Certain Forestry Programs
SEC. 8001. FOREST LAND ENHANCEMENT PROGRAM.
(a) Repeal.--Section 4 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103) is repealed.
(b) Conforming Amendment.--Section 8002 of the Farm Security and
Rural Investment Act of 2002 (Public Law 107-171; 16 U.S.C. 2103 note)
is amended by striking subsection (a).
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2012.
SEC. 8002. WATERSHED FORESTRY ASSISTANCE PROGRAM.
(a) Repeal.--Section 6 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103b) is repealed.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 8003. EXPIRED COOPERATIVE NATIONAL FOREST PRODUCTS MARKETING
PROGRAM.
Section 18 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2112) is repealed.
SEC. 8004. HISPANIC-SERVING INSTITUTION AGRICULTURAL LAND NATIONAL
RESOURCES LEADERSHIP PROGRAM.
(a) Repeal.--Section 8402 of the Food, Conservation, and Energy Act
of 2008 (16 U.S.C. 1649a) is repealed.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 8005. TRIBAL WATERSHED FORESTRY ASSISTANCE PROGRAM.
(a) Repeal.--Section 303 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6542) is repealed.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2012.
SEC. 8006. SEPARATE FOREST SERVICE DECISIONMAKING AND APPEALS PROCESS.
Section 322 of the Department of the Interior and Related Agencies
Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 note) is
repealed. Section 428 of division E of the Consolidated Appropriations
Act, 2012 (Public Law 112-74; 125 Stat. 1046; 16 U.S.C. 6515 note)
shall not apply to any project or activity implementing a land and
resource management plan developed under section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604)
that is categorically excluded from documentation in an environmental
assessment or an environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Subtitle B--Reauthorization of Cooperative Forestry Assistance Act of
1978 Programs
SEC. 8101. FOREST LEGACY PROGRAM.
Subsection (m) of section 7 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103c) is amended to read as follows:
``(m) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
``(1) such sums as are necessary for fiscal year 2012; and
``(2) $55,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 8102. COMMUNITY FOREST AND OPEN SPACE CONSERVATION PROGRAM.
Subsection (g) of section 7A of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103d) is amended to read as follows:
``(g) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
``(1) such sums as are necessary for fiscal year 2012; and
``(2) $1,500,000 for each of fiscal years 2013 through
2017.''.
Subtitle C--Reauthorization of Other Forestry-Related Laws
SEC. 8201. RURAL REVITALIZATION TECHNOLOGIES.
Section 2371(d)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking ``2012'' and
inserting ``2017''.
SEC. 8202. OFFICE OF INTERNATIONAL FORESTRY.
Subsection (d) of section 2405 of the Global Climate Change
Prevention Act of 1990 (7 U.S.C. 6704) is amended to read as follows:
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
``(1) such sums as are necessary for each of fiscal years
1996 through 2012; and
``(2) $6,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 8203. CHANGE IN FUNDING SOURCE FOR HEALTHY FORESTS RESERVE
PROGRAM.
Section 508 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6578) is amended--
(1) in subsection (a), by striking ``In General'' and
inserting ``Fiscal Years 2009 Through 2012'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Fiscal Years 2013 Through 2017.--There is authorized to be
appropriated to the Secretary of Agriculture to carry out this section
$9,750,000 for each of fiscal years 2013 through 2017.
``(c) Additional Source of Funds.--In addition to funds appropriated
pursuant to the authorization of appropriations in subsection (b) for a
fiscal year, the Secretary may use such amount of the funds
appropriated for that fiscal year to carry out the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590a et seq.) as the Secretary
determines necessary to cover the cost of technical assistance,
management, and enforcement responsibilities for land enrolled in the
healthy forests reserve program pursuant to subsections (a) and (b) of
section 504.''.
SEC. 8204. STEWARDSHIP END RESULT CONTRACTING PROJECT AUTHORITY.
Section 347(a) of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (as contained in section 101(e) of division A
of Public Law 105-277; 16 U.S.C. 2104 note) is amended by striking
``2013'' and inserting ``2017''.
Subtitle D--National Forest Critical Area Response
SEC. 8301. DEFINITIONS.
In this title:
(1) Critical area.--The term ``critical area'' means an area
of the National Forest System designated by the Secretary under
section 8302
(2) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 8302. DESIGNATION OF CRITICAL AREAS.
(a) Designation Requirements.--The Secretary of Agriculture shall
designate critical areas within the National Forest System for the
purposes of addressing--
(1) deteriorating forest health conditions in existence as of
the date of the enactment of this Act due to insect
infestation, drought, disease, or storm damage; and
(2) the future risk of insect infestations or disease
outbreaks through preventative treatments.
(b) Designation Method.--In considering National Forest System land
for designation as a critical area, the Secretary shall use--
(1) for purposes of subsection (a)(1), the most recent annual
forest health aerial surveys of mortality and defoliation; and
(2) for purposes of subsection (a)(2), the National Insect
and Disease Risk Map.
(c) Time for Initial Designations.--The first critical areas shall be
designated by the Secretary not later than 60 days after the date of
the enactment of this Act.
(d) Duration of Designation.--The designation of a critical area
shall expire not later than 10 years after the date of the designation.
SEC. 8303. APPLICATION OF EXPEDITED PROCEDURES AND ACTIVITIES OF THE
HEALTHY FORESTS RESTORATION ACT OF 2003 TO CRITICAL
AREAS.
(a) Applicability.--Subject to subsections (b) through (e), title I
of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
(including the environmental analysis requirements of section 104 of
that Act (16 U.S.C. 6514), the special administrative review process
under section 105 of that Act (16 U.S.C. 6515), and the judicial review
process under section 106 of that Act (16 U.S.C. 6516)), shall apply to
all Forest Service projects and activities carried out in a critical
area.
(b) Application of Other Law.--Section 322 of Public Law 102-381 (16
U.S.C. 1612 note; 106 Stat. 1419) shall not apply to projects conducted
in accordance with this section.
(c) Required Modifications.--In applying title I of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to Forest
Service projects and activities in a critical area, the Secretary shall
make the following modifications:
(1) The authority shall apply to the entire critical area,
including land that is outside of a wildland-urban interface
area or that does not satisfy any of the other eligibility
criteria specified in section 102(a) of that Act (16 U.S.C.
6512(a)).
(2) All projects and activities of the Forest Service,
including necessary connected actions (as described in section
1508.25(a)(1) of title 40, Code of Federal Regulations (or a
successor regulation)), shall be considered to be authorized
hazardous fuel reduction projects for purposes of applying the
title.
(d) Smaller Projects.--
(1) In general.--Except as provided in paragraph (2), a
project conducted in a critical area in accordance with this
section that comprises less than 10,000 acres shall be--
(A) considered an action categorically excluded from
the requirements for an environmental assessment or an
environmental impact statement under section 1508.4 of
title 40, Code of Federal Regulations (or a successor
regulation); and
(B) exempt from the special administrative review
process under section 105 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6515).
(2) Exclusion of certain areas.--Paragraph (1) does not apply
to--
(A) a component of the National Wilderness
Preservation System;
(B) any Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation is
restricted or prohibited;
(C) a congressionally designated wilderness study
area; or
(D) an area in which activities under paragraph (1)
would be inconsistent with the applicable land and
resource management plan.
(e) Forest Management Plans.--All projects and activities carried out
in a critical area pursuant to this subtitle shall be consistent with
the land and resource management plan established under section 6 of
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604) for the unit of the National Forest System containing the
critical area.
SEC. 8304. GOOD NEIGHBOR AUTHORITY.
(a) Definitions.--In this section:
(1) Eligible state.--The term ``eligible State'' means a
State that contains National Forest System land.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(3) State forester.--The term ``State forester'' means the
head of a State agency with jurisdiction over State forestry
programs in an eligible State.
(b) Cooperative Agreements and Contracts.--
(1) In general.--The Secretary may enter into a cooperative
agreement or contract (including a sole source contract) with a
State forester to authorize the State forester to provide the
forest, rangeland, and watershed restoration and protection
services described in paragraph (2) on National Forest System
land in the eligible State.
(2) Authorized services.--The forest, rangeland, and
watershed restoration and protection services referred to in
paragraph (1) include the conduct of--
(A) activities to treat insect infected trees;
(B) activities to reduce hazardous fuels; and
(C) any other activities to restore or improve
forest, rangeland, and watershed health, including fish
and wildlife habitat.
(3) State as agent.--Except as provided in paragraph (6), a
cooperative agreement or contract entered into under paragraph
(1) may authorize the State forester to serve as the agent for
the Secretary in providing the restoration and protection
services authorized under that paragraph.
(4) Subcontracts.--In accordance with applicable contract
procedures for the eligible State, a State forester may enter
into subcontracts to provide the restoration and protection
services authorized under a cooperative agreement or contract
entered into under paragraph (1).
(5) Timber sales.--Subsections (d) and (g) of section 14 of
the National Forest Management Act of 1976 (16 U.S.C. 472a)
shall not apply to services performed under a cooperative
agreement or contract entered into under paragraph (1).
(6) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to any
restoration and protection services to be provided under this
section by a State forester on National Forest System land
shall not be delegated to a State forester or any other officer
or employee of the eligible State.
(7) Applicable law.--The restoration and protection services
to be provided under this section shall be carried out on a
project-to-project basis under existing authorities of the
Forest Service.
Subtitle E--Miscellaneous Provisions
SEC. 8401. REVISION OF STRATEGIC PLAN FOR FOREST INVENTORY AND
ANALYSIS.
(a) Revision Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall revise the
strategic plan for forest inventory and analysis initially prepared
pursuant to section 3(e) of the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1642(e)) to address the
requirements imposed by subsection (b).
(b) Elements of Revised Strategic Plan.--In revising the strategic
plan, the Secretary of Agriculture shall describe in detail the
organization, procedures, and funding needed to achieve each of the
following:
(1) Complete the transition to a fully annualized forest
inventory program and include inventory and analysis of
interior Alaska.
(2) Implement an annualized inventory of trees in urban
settings, including the status and trends of trees and forests,
and assessments of their ecosystem services, values, health,
and risk to pests and diseases.
(3) Report information on renewable biomass supplies and
carbon stocks at the local, State, regional, and national
level, including by ownership type.
(4) Engage State foresters and other users of information
from the forest inventory and analysis in reevaluating the list
of core data variables collected on forest inventory and
analysis plots with an emphasis on demonstrated need.
(5) Improve the timeliness of the timber product output
program and accessibility of the annualized information on that
database.
(6) Foster greater cooperation among the forest inventory and
analysis program, research station leaders, and State foresters
and other users of information from the forest inventory and
analysis.
(7) Promote availability of and access to non-Federal
resources to improve information analysis and information
management.
(8) Collaborate with the Natural Resources Conservation
Service, National Aeronautics and Space Administration,
National Oceanic and Atmospheric Administration, and United
States Geological Survey to integrate remote sensing, spatial
analysis techniques, and other new technologies in the forest
inventory and analysis program.
(9) Understand and report on changes in land cover and use.
(10) Expand existing programs to promote sustainable forest
stewardship through increased understanding, in partnership
with other Federal agencies, of the over 10 million family
forest owners, their demographics, and the barriers to forest
stewardship.
(11) Implement procedures to improve the statistical
precision of estimates at the sub-State level.
(c) Submission of Revised Strategic Plan.--The Secretary of
Agriculture shall submit the revised strategic plan to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
SEC. 8402. FOREST SERVICE PARTICIPATION IN ACES PROGRAM.
The Secretary of Agriculture, acting through the Chief of the Forest
Service, may use funds derived from conservation-related programs
executed on National Forest System lands to utilize the Agriculture
Conservation Experienced Services Program established pursuant to
section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851) to
provide technical services for conservation-related programs and
authorities carried out by the Secretary on National Forest System
lands.
TITLE IX--ENERGY
SEC. 9001. DEFINITION OF RENEWABLE ENERGY SYSTEM.
Section 9001 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8101) is amended by--
(1) striking paragraph (4) and inserting the following:
``(4) Biobased product.--
``(A) In general.--The term `biobased product' means
a product determined by the Secretary to be a
commercial or industrial product (other than food or
feed) that is--
``(i) composed, in whole or in significant
part, of biological products, including
renewable domestic agricultural materials and
forestry materials; or
``(ii) an intermediate ingredient or
feedstock.
``(B) Inclusion.--The term `biobased product', with
respect to forestry materials, includes forest products
that meet biobased content requirements,
notwithstanding the market share the product holds, the
age of the product, or whether the market for the
product is new or emerging.'';
(2) redesignating paragraphs (9), (10), (11), (12), (13), and
(14) as paragraphs (10), (11), (12), (13), (14), and (16);
(3) inserting after paragraph (8), the following new
paragraph:
``(9) Forest product.--
``(A) In general.--The term `forest product' means a
product made from materials derived from the practice
of forestry or the management of growing timber.
``(B) Inclusions.--The term `forest product'
includes--
``(i) pulp, paper, paperboard, pellets, and
wood products; and
``(ii) any recycled products derived from
forest materials.''; and
(4) inserting after paragraph (14) (as so redesignated), the
following new paragraph:
``(15) Renewable energy system.--
``(A) In general.--Subject to subparagraph (B), the
term `renewable energy system' means a system that--
``(i) produces usable energy from a renewable
energy source; and
``(ii) may include distribution components
necessary to move energy produced by such
system to the initial point of sale.
``(B) Limitation.--A system described in subparagraph
(A) may not include a mechanism for dispensing energy
at retail.''.
SEC. 9002. BIOBASED MARKETS PROGRAM.
Section 9002(h) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8102(h)) is amended--
(1) in the heading of paragraph (1), by inserting ``for
fiscal years 2008 through 2012'' after ``funding'';
(2) in the heading of paragraph (2), by inserting ``for
fiscal years 2009 through 2012'' after ``funding''; and
(3) by adding at the end the following new paragraph:
``(3) Fiscal years 2013 through 2017.--There are authorized
to be appropriated to carry out this section $2,000,000 for
each of fiscal years 2013 through 2017.''.
SEC. 9003. BIOREFINERY ASSISTANCE.
(a) Program Adjustments.--Section 9003 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8103) is amended--
(1) in subsection (c), by striking ``to eligible entities''
and all that follows through ``guarantees for loans'' and
inserting ``to eligible entities guarantees for loans'';
(2) by striking subsection (d);
(3) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively; and
(4) in subsection (d) (as so redesignated)--
(A) by striking ``subsection (c)(2)'' each place it
appears and inserting ``subsection (c)''; and
(B) in paragraph (2)(C), by striking ``subsection
(h)'' and inserting ``subsection (g)''.
(b) Funding.--Section 9003(g) of the Farm Security and Rural
Investment Act of 2002, as redesignated by subsection (a)(3), is
amended--
(1) in the heading of paragraph (1), by inserting ``for
fiscal years 2009 and 2010'' after ``funding'';
(2) in the heading of paragraph (2), by inserting ``for
fiscal years 2009 through 2012'' after ``funding''; and
(3) by adding at the end the following new paragraph:
``(3) Fiscal years 2013 through 2017.--There are authorized
to be appropriated to carry out this section $75,000,000 for
each of fiscal years 2013 through 2017.''.
SEC. 9004. REPEAL OF REPOWERING ASSISTANCE PROGRAM AND TRANSFER OF
REMAINING FUNDS.
(a) Repeal.--Subject to subsection (b), section 9004 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8104) is repealed.
(b) Use of Remaining Funding for Rural Energy for America Program.--
Funds made available pursuant to subsection (d) of such section 9004
that are unobligated on the day before the date of the enactment of
this section shall--
(1) remain available until expended;
(2) be used by the Secretary of Agriculture to carry out
financial assistance for energy efficiency improvements and
renewable energy systems under section 9007(a)(2) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C.
8107(a)(2)); and
(3) be in addition to any other funds made available to carry
out that program.
SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.
Section 9005(g) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8105(c)) is amended--
(1) in the heading of paragraph (1), by inserting ``for
fiscal years 2009 through 2012'' after ``funding'';
(2) in the heading of paragraph (2), by inserting ``for
fiscal years 2009 through 2012'' after ``funding'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph:
``(3) Fiscal years 2013 through 2017.--There are authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2013 through 2017.''.
SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM.
Subsection (d) of section 9006 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8106(d)) is amended to read as
follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2013 through 2017.''.
SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM.
(a) Program Adjustments.--
(1) Repeal of feasibility studies.--Section 9007(c) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107(c)) is amended by striking paragraph (3).
(2) Tiered application process.--Section 9007(c) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107(c)) is
further amended by--
(A) redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Tiered application process.--In carrying out this
subsection, the Secretary shall establish a three-tiered
application, evaluation, and oversight process that varies
based on the cost of the proposed project with the process most
simplified for projects referred to in subparagraph (A), more
comprehensive for projects referred to in subparagraph (B), and
most comprehensive for projects referred to in subparagraph
(C). The three tiers for such process shall be as follows:
``(A) Tier 1.--Projects for which the cost of the
project funded under this subsection is not more than
$80,000.
``(B) Tier 2.--Projects for which the cost of the
project funded under this subsection is more than
$80,000 but less than $200,000.
``(C) Tier 3.--Projects for which the cost of the
project funded under this subsection is $200,000 or
more.''.
(b) Funding.--Section 9007(g) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107(g)) is amended--
(1) in the heading of paragraph (1), by inserting ``for
fiscal years 2009 through 2012'' after ``funding'';
(2) in the heading of paragraph (2), by inserting ``for
fiscal years 2009 through 2012'' after ``funding'';
(3) in the heading of paragraph (3), by inserting ``for
fiscal years 2009 through 2012'' after ``funding''; and
(4) by adding at the end the following new paragraph:
``(4) Fiscal years 2013 through 2017.--There are authorized
to be appropriated to carry out this section $45,000,000 for
each of fiscal years 2013 through 2017.''.
SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT.
Section 9008(h) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8108(h)) is amended--
(1) in the heading of paragraph (1), by inserting ``for
fiscal years 2009 through 2012'' after ``funding'';
(2) in the heading of paragraph (2), by inserting ``for
fiscal years 2009 through 2012'' after ``funding''; and
(3) by adding at the end the following new paragraph:
``(3) Fiscal years 2013 through 2017.--There are authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2013 through 2017.''.
SEC. 9009. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS.
Section 9010(b) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8110(b)) is amended--
(1) in paragraph (1)(A), by striking ``2012'' and inserting
``2017''; and
(2) in paragraph (2)(A), by striking ``2012'' and inserting
``2017''.
SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM.
Section 9011 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8111) is amended--
(1) in subsection (a)--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) and (8) as
paragraphs (6) and (7), respectively;
(2) in subsection (b)--
(A) by striking ``Program to'' and all that follows
through ``support the establishment'' and inserting
``Program to support the establishment'';
(B) by striking ``; and'' and inserting a period; and
(C) by striking paragraph (2);
(3) in subsection (c)--
(A) in paragraph (2)(B)--
(i) in clause (viii), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating clause (ix) as clause
(x); and
(iii) by inserting after clause (viii) the
following new clause:
``(ix) existing project areas that have
received funding under this section and the
continuation of funding of such project areas
to advance the maturity of such project areas;
and''; and
(B) in paragraph (5)(C)(ii)--
(i) by striking subclause (III); and
(ii) by redesignating subclauses (IV) and (V)
as subclauses (III) and (IV), respectively;
(4) by striking subsection (d);
(5) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively; and
(6) in subsection (e) (as so redesignated)--
(A) by striking ``(e) Funding.--Of the funds'' and
inserting ``(e) Funding.--
``(1) Fiscal years 2008 through 2012.--Of the funds''; and
(B) by adding at the end the following new paragraph:
``(2) Fiscal years 2013 through 2017.--
``(A) In general.--Subject to subparagraph (B), there
are authorized to be appropriated to carry out this
section $75,000,000 for each of fiscal years 2013
through 2017.
``(B) Multiyear contracts.--For each multiyear
contract entered into by the Secretary during a fiscal
year under this section, the Secretary shall ensure
that sufficient funds are obligated from the
appropriation for that fiscal year to fully cover all
payments required by the contract for all years of the
contract.''.
SEC. 9011. COMMUNITY WOOD ENERGY PROGRAM.
Section 9013(e) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8113(e)) is amended by striking ``carry out this section''
and all that follows and inserting the following: ``carry out this
section--
``(1) $5,000,000 for each of fiscal years 2009 through 2012;
and
``(2) $2,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 9012. REPEAL OF BIOFUELS INFRASTRUCTURE STUDY.
Section 9002 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2095) is repealed.
SEC. 9013. REPEAL OF RENEWABLE FERTILIZER STUDY.
Section 9003 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2096) is repealed.
TITLE X--HORTICULTURE
SEC. 10001. SPECIALTY CROPS MARKET NEWS ALLOCATION.
Section 10107(b) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 1622b(b)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 10002. REPEAL OF GRANT PROGRAM TO IMPROVE MOVEMENT OF SPECIALTY
CROPS.
Section 10403 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 1622c) is repealed.
SEC. 10003. FARMERS MARKET AND LOCAL FOOD PROMOTION PROGRAM.
Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7
U.S.C. 3005) is amended--
(1) in the section heading, by inserting ``and local food''
after ``farmers' market'';
(2) in subsection (a)--
(A) by inserting ``and Local Food'' after ``Farmers'
Market'';
(B) by striking ``farmers' markets and to promote'';
and
(C) by striking the period and inserting ``and assist
in the development of local food business
enterprises.'';
(3) in subsection (b), by striking paragraph (1) and
inserting the following new paragraph:
``(1) In general.--The purposes of the Program are to
increase domestic consumption of, and consumer access to,
locally and regionally produced agricultural products by
assisting in the development, improvement, and expansion of--
``(A) domestic farmers' markets, roadside stands,
community-supported agriculture programs, agritourism
activities, and other direct producer-to-consumer
market opportunities; and
``(B) local and regional food business enterprises
that process, distribute, aggregate, and store locally
or regionally produced food products.'';
(4) in subsection (c)(1)--
(A) by inserting ``or other agricultural business
entity'' after ``cooperative''; and
(B) by inserting ``, including a community supported
agriculture network or association'' after
``association'';
(5) by redesignating subsection (e) as subsection (g);
(6) by inserting after subsection (d) the following new
subsections:
``(e) Priority.--In awarding grants under this section, the Secretary
shall give priority to applications submitted by eligible entities that
include proposals for projects that--
``(1) benefit underserved communities;
``(2) develop market opportunities for small and mid-sized
farm and ranch operations; and
``(3) include a strategic plan to maximize the use of funds
to build capacity for local and regional food systems in a
community.
``(f) Funds Requirements for Eligible Entities.--
``(1) Matching funds.--An entity receiving a grant under this
section for a project to carry out a purpose described in
subsection (b)(1)(B) shall provide matching funds in the form
of cash or an in-kind contribution in an amount equal to 25
percent of the total cost of such project.
``(2) Limitation on use of funds.--An eligible entity may not
use a grant or other assistance provided under this section for
the purchase, construction, or rehabilitation of a building or
structure.''; and
(7) in subsection (g) (as redesignated by paragraph (5))--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``and''
at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraph:
``(D) $20,000,000 for each of fiscal years 2013
through 2017.'';
(B) by striking paragraphs (2) and (4);
(C) by redesignating paragraph (3) as paragraph (5);
and
(D) by inserting after paragraph (1) the following
new paragraphs:
``(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2013 through 2017.
``(3) Use of funds.--Of the funds made available to carry out
this section for a fiscal year, 50 percent of such funds shall
be used for the purposes described in subparagraph (A) of
subsection (b)(1) and 50 percent of such funds shall be used
for the purposes described in subparagraph (B) of such
subsection.
``(4) Limitation on administrative expenses.--Not more than 5
percent of the total amount made available to carry out this
section for a fiscal year may be used for administrative
expenses.''.
SEC. 10004. ORGANIC AGRICULTURE.
(a) Organic Production and Market Data Initiatives.--Section 7407(d)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
5925c(d)) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Mandatory funding.--In addition to funds made available
under paragraph (1), of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$5,000,000, to remain available until expended.''; and
(3) in paragraph (3) (as redesignated by paragraph (1))--
(A) by striking ``paragraph (1)'' and inserting
``paragraphs (1) and (2)''; and
(B) by striking ``2012'' and inserting ``2017''.
(b) Modernization and Technology Upgrade for National Organic
Program.--Section 2122 of the Organic Foods Production Act of 1990 (7
U.S.C. 6521) is amended by adding at the end the following new
subsection:
``(c) Modernization and Technology Upgrade for National Organic
Program.--The Secretary shall modernize database and technology systems
of the national organic program.''.
(c) Authorization of Appropriations for National Organic Program.--
Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C.
6522) is amended--
(1) in subsection (b)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) by redesignating paragraph (6) as paragraph (7);
and
(C) by inserting after paragraph (5) the following
new paragraph:
``(6) $11,000,000 for each of fiscal years 2013 through 2017;
and''; and
(2) by adding at the end the following new subsection:
``(c) Modernization and Technology Upgrade for National Organic
Program.--Of the funds of the Commodity Credit Corporation and in
addition to any other funds made available to carry out section
2122(c), the Secretary shall use to carry out such section $5,000,000
for fiscal year 2013, to remain available until expended.''.
(d) National Organic Certification Cost-share Program.--Section 10606
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523)
is repealed.
SEC. 10005. INVESTIGATIONS AND ENFORCEMENT OF THE ORGANIC FOODS
PRODUCTION ACT OF 1990.
The Organic Foods Production Act of 1990 is amended by inserting
after section 2122 (7 U.S.C. 6521) the following new section:
``SEC. 2122A. INVESTIGATIONS AND ENFORCEMENT.
``(a) Investigation.--
``(1) In general.--The Secretary may take such investigative
actions as the Secretary considers to be necessary to carry out
this title--
``(A) to verify the accuracy of any information
reported or made available under this title; and
``(B) to determine, with regard to actions,
practices, or information required under this title,
whether a person covered by this title has committed a
violation of any provision of this title.
``(2) Investigative powers.--The Secretary may administer
oaths and affirmations, subpoena witnesses, compel attendance
of witnesses, take evidence, and require the production of any
records required to be maintained under section 2112(d) or
2116(c) that are relevant to the investigation.
``(b) Unlawful Act.--It shall be unlawful and a violation of this
title for any person covered by this title--
``(1) to refuse to provide information required by the
Secretary under this title; or
``(2) to violate--
``(A) a suspension or revocation of the organic
certification of a producer or handler; or
``(B) a suspension or revocation of the accreditation
of a certifying agent.
``(c) Enforcement.--
``(1) Suspension.--
``(A) In general.--The Secretary may, after notice
and opportunity for an expedited administrative
hearing, suspend the organic certification of a
producer or handler, or accreditation of a certifying
agent, if the Secretary has reason to believe that a
person producing or handling an agricultural product,
or a certifying agent, has violated or is violating any
provision of this title. The decision to suspend a
certification under this subparagraph by the Secretary
may be appealed to a United States district court not
later than 30 days after such decision is made and
shall not take effect until judicial review of such
decision is completed.
``(B) Continuation of suspension through appeal.--If
the Secretary determines subsequent to an investigation
that a violation of this title by a person covered by
this title has occurred, the suspension shall remain in
effect until the Secretary issues a revocation of the
certification of the person or of the accreditation of
the certifying agent, covered by this title, after an
expedited administrative appeal under section 2121 has
been completed.
``(2) Revocation.--After notice and opportunity for an
administrative appeal under section 2121, if a violation of
this title is determined to have occurred, the Secretary shall
revoke the organic certification of the producer or handler, or
the accreditation of the certifying agent.
``(d) Appeal.--
``(1) In general.--A revocation of a certification or an
accreditation under subsection (c)(2) shall be final and
conclusive unless the affected person files an appeal of the
revocation, if the affected person so elects, to a United
States district court as provided in section 2121(b) not later
than 30 days after the date of the revocation under subsection
(c)(2).
``(2) Standard.--A revocation of a certification or an
accreditation under subsection (c)(2) shall be set aside only
if the revocation of such certification or such accreditation
is clearly erroneous.
``(e) Noncompliance.--
``(1) In general.--If a person covered by this title fails to
obey a revocation of a certification or an accreditation under
subsection (c)(2) after such revocation has become final and
conclusive or after the appropriate United States district
court has entered a final judgment in favor of the Secretary,
the United States may apply to the appropriate United States
district court for enforcement of such revocation.
``(2) Enforcement.--If the court determines that the
revocation was lawfully made and duly served and that the
person violated the revocation, the court shall enforce the
revocation.
``(3) Civil penalty.--If the court finds that the person
violated the revocation of a certification or an accreditation
under subsection (c)(2), the person shall be subject to one or
more of the penalties provided in subsections (a) and (b) of
section 2120.''.
SEC. 10006. FOOD SAFETY EDUCATION INITIATIVES.
Section 10105(c) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7655a(c)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 10007. SPECIALTY CROP BLOCK GRANTS.
Section 101 of the Specialty Crops Competitiveness Act of 2004 (7
U.S.C. 1621 note; Public Law 108-465) is amended--
(1) in subsection (a)--
(A) by striking ``subsection (j)'' and inserting
``subsection (l)''; and
(B) by striking ``2012'' and inserting ``2017'';
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) Grants Based on Value and Acreage.--Subject to subsection (c),
for each State whose application for a grant for a fiscal year that is
accepted by the Secretary under subsection (f), the amount of the grant
for such fiscal year to the State under this section shall bear the
same ratio to the total amount made available under subsection (l)(1)
for such fiscal year as--
``(1) the average of the most recent available value of
specialty crop production in the State and the acreage of
specialty crop production in the State, as demonstrated in the
most recent Census of Agriculture data; bears to
``(2) the average of the most recent available value of
specialty crop production in all States and the acreage of
specialty crop production in all States, as demonstrated in the
most recent Census of Agriculture data.'';
(3) by redesignating subsection (j) as subsection (l);
(4) by inserting after subsection (i) the following new
subsections:
``(j) Multistate Projects.--Not later than 180 days after the
effective date of the Federal Agriculture Reform and Risk Management
Act of 2012, the Secretary of Agriculture shall issue guidance for the
purpose of making grants to multistate projects under this section for
projects involving--
``(1) food safety;
``(2) plant pests and disease;
``(3) research;
``(4) crop-specific projects addressing common issues; and
``(5) any other area that furthers the purposes of this
section, as determined by the Secretary.
``(k) Administration.--
``(1) Department.--The Secretary of Agriculture may not use
more than 3 percent of the funds made available to carry out
this section for a fiscal year for administrative expenses.
``(2) States.--A State receiving a grant under this section
may not use more than 8 percent of the funds received under the
grant for a fiscal year for administrative expenses.''; and
(5) in subsection (l) (as redesignated by paragraph (3))--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, and
moving such subparagraphs two ems to the right;
(B) by striking ``Of the funds'' and inserting the
following:
``(1) In general.--Of the funds'';
(C) in paragraph (1) (as so designated)--
(i) in subparagraph (B) (as redesignated by
subparagraph (A)), by striking ``and'' at the
end;
(ii) in subparagraph (C) (as redesignated by
subparagraph (A)), by striking the period at
the end and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraph:
``(D) $70,000,000 for fiscal year 2013 and each
fiscal year thereafter.''; and
(D) by adding at the end the following new paragraph:
``(2) Multistate projects.--Of the funds made available under
paragraph (1), the Secretary may use to carry out subsection
(j), to remain available until expended--
``(A) $1,000,000 for fiscal year 2013;
``(B) $2,000,000 for fiscal year 2014;
``(C) $3,000,000 for fiscal year 2015;
``(D) $4,000,000 for fiscal year 2016; and
``(E) $5,000,000 for fiscal year 2017.''.
SEC. 10008. REPORT ON SPECIALTY CROP PRODUCTION BY CERTAIN FARMERS.
(a) Report Required.--The Secretary of Agriculture shall, in
consultation with interested persons, submit to the Committee on
Agriculture of the House of Representatives a report on specialty crop
production by small-holder, women, minority, and socially disadvantaged
producers (as defined in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e))) throughout the United States,
including--
(1) an assessment of--
(A) the number of such producers in the United
States;
(B) the economic and social challenges such producers
have in increasing production capacity and value; and
(C) the resources needed to increase or add value to
the production of such producers;
(2) a list of the resources available at the Department of
Agriculture to provide assistance to such producers;
(3) an evaluation of private sector resources and initiatives
that could be used to increase production capacity and value
for the crops grown by such producers; and
(4) an evaluation of how geographic differences affect
opportunities available to small-holder producers.
(b) Updates and Completion.--The Secetary shall submit the completed
report required under subsection (a) not later than one year after the
date of the enactment of the Federal Agriculture Reform and Risk
Management Act of 2012. Beginning on such date of enactment, the
Secretary shall update the Committee on Agriculture of the House of
Representatives every 90 days on the progress made toward completing
the report.
SEC. 10009. REPORT ON HONEY.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Agriculture, in consultation with persons
affected by the potential establishment of a Federal standard for the
identity of honey, shall submit to the Commissioner of Food and Drugs a
report describing how an appropriate Federal standard for the identity
of honey would be in the interest of consumers, the honey industry, and
United States agriculture.
(b) Considerations.--In preparing the report required under
subsection (a), the Secretary shall take into consideration the March,
2006, Standard of Identity citizens petition filed with the Food and
Drug Administration, including any current industry amendments or
clarifications necessary to update such petition.
SEC. 10010. BULK SHIPMENTS OF APPLES TO CANADA.
(a) Bulk Shipment of Apples to Canada.--Section 4 of the Export Apple
Act (7 U.S.C. 584) is amended--
(1) by striking ``Apples in'' and inserting ``(a) Apples
in''; and
(2) by adding at the end the following new subsection:
``(b) Apples may be shipped to Canada in bulk bins without complying
with the provisions of this Act.''.
(b) Definition of Bulk Bin.--Section 9 of the Export Apple Act (7
U.S.C. 589) is amended by adding at the end the following new
paragraph:
``(5) The term `bulk bin' means a bin that contains a quantity of
apples weighing more than 100 pounds.''.
(c) Regulations.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Agriculture shall issue
regulations to carry out the amendments made by this section
SEC. 10011. INCLUSION OF OLIVE OIL IN IMPORT CONTROLS UNDER THE
AGRICULTURAL ADJUSTMENT ACT.
Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 608e-1(a))
is amended by inserting ``olive oil,'' after ``olives (other than
Spanish-style green olives),''.
SEC. 10012. PETITIONS TO DETERMINE ORGANISM NOT A PLANT PEST.
(a) Petition to Determine Organism Not a Plant Pest.--The Plant
Protection Act is amended by inserting after section 411 (7 U.S.C.
7711) the following new section:
``SEC. 411A. PETITION TO DETERMINE ORGANISM NOT A PLANT PEST.
``(a) Petition.--A person may petition the Secretary for a
determination that an organism that is subject to regulation by the
Secretary as a plant pest under this Act is not a plant pest for
purposes of this Act.
``(b) Review of Petition.--
``(1) Assessment and analysis required.--In reviewing a
petition submitted under subsection (a), the Secretary shall
conduct the following with respect to an organism that is the
subject of the petition:
``(A) Plant pest risk assessment.--An assessment of
the likelihood that such organism is a plant pest.
``(B) Environmental analysis.--An analysis of any
likely adverse effects of such organism on the soil,
water, air quality, non-target organisms, and listed
threatened and endangered species and the critical
habitat of such species for the environment in which
such organism is likely to be grown or otherwise used
under the conditions specified in such petition.
``(2) Determination.--The Secretary shall issue a
determination that an organism is not a plant pest for purposes
of this Act if the Secretary determines, based on sound science
and the plant pest risk assessment conducted under paragraph
(1)(A), that an organism is not likely to be a plant pest.
``(3) Review period.--
``(A) Initial review period.--Not later than one year
after the date on which the Secretary determines that a
petition submitted under subsection (a) is complete,
the Secretary shall complete the plant pest risk
assessment and the environmental analysis required
under paragraph (1) and issue a determination with
respect to such petition under paragraph (2).
``(B) Extension.--The Secretary may extend the one-
year review period referred to in subparagraph (A) for
a petition for one additional period of not more than
180 days if the Secretary determines that additional
review is necessary. The Secretary shall notify the
person who submitted the petition, in writing, of the
reasons for the extension and an estimate of the time
period necessary to complete the review.
``(4) Effect of failure to meet time period.--Notwithstanding
any other provision of law, if after completing the plant pest
risk assessment, but not the environmental analysis, required
under paragraph (1), the Secretary finds that there is no
reason to believe that an organism is a plant pest and does not
grant or deny a petition submitted under subsection (a) with
respect to such organism within the time period required under
paragraph (3), such organism shall be deemed not to be a plant
pest for purposes of this Act.
``(5) Effect on pesticide registration.--In the case of an
organism containing a plant-incorporated protectant (as defined
in section 174.3 of title 40, Code of Federal Regulations, or
any successor regulation) with respect to which an application
for registration of the plant-incorporated protectant is
pending under the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a et seq.), a determination made
under paragraph (2) that an organism is not a plant pest or the
deeming that an organism is not a plant pest under paragraph
(4) shall not be effective until the registration of the plant-
incorporated protectant contained in such organism is approved
under the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136a et seq.). If such registration is not approved,
a determination made under paragraph (2) that an organism is
not a plant pest or a deeming that an organism is not a plant
pest under paragraph (4) shall not become effective.
``(6) Subsequent authority to regulate.--Notwithstanding a
determination that an organism is not a plant pest under
paragraph (2) or that such organism has been deemed not to be a
plant pest under paragraph (4), the Secretary may issue a
determination, based on information discovered after the date
of such determination or the date on which the organism was so
deemed and sound science, that an organism is a plant pest for
purposes of this Act.
``(7) Public notice.--
``(A) Notice.--The Secretary shall publish notice in
the Federal Register of--
``(i) the grant or denial of a petition
submitted under subsection (a) with respect to
an organism; or
``(ii) the deeming that such organism is not
a plant pest under paragraph (4).
``(B) Risk assessments and environmental analysis.--
The Secretary shall provide to the person who submitted
a petition under subsection (a), and make available to
the public, the risk assessment and environmental
analysis prepared under paragraph (1) with respect to
such petition.
``(c) Applicability of Environmental Analysis Conducted for Petition
to Determine Organism Not a Plant Pest.--
``(1) Exclusive analysis performed.--Notwithstanding any
other provision of law, the environmental analysis required
under subsection (b)(1) and as specifically described in such
subsection shall be the only analysis or procedure regarding
the effects on the environment of an organism that is the
subject of a petition submitted under subsection (a) required
or authorized by law with respect to reviewing and taking
action on such a petition.
``(2) Prohibition on use of funds for other analyses.--No
funds made available by any Act shall be obligated, expended,
or used for any analysis or procedure regarding the effects on
the environment of an organism conducted for purposes of this
section other than the environmental analysis required under
subsection (b)(1).
``(3) Prohibition on solicitation of funds for environmental
analysis.--The Secretary shall not require or solicit any
financial assistance from a person submitting a petition under
subsection (a) for any analysis or procedure regarding the
effects on the environment of an organism or for any other
analysis or procedure not specifically authorized by subsection
(b)(1).
``(d) Use of Data From Permits for Purposes of Petition for a
Determination That an Organism Not a Plant Pest.--Notwithstanding any
other provision of law, the Secretary shall use data collected under a
permit issued by the Secretary under section 411(a) with respect to an
organism, among other relevant data, for purposes of the review of a
petition submitted under subsection (a) with respect to such
organism.''.
(b) Authority of Review for and Environmental Analysis Applicable to
Permits.--Section 411 of the Plant Protection Act (7 U.S.C. 7711) is
amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (b), the following new
subsections:
``(c) Limitation on Analyses and Procedures for Permits.--
Notwithstanding any other provision of law, the analyses or procedures
required under the regulations issued by the Secretary under the
Federal Plant Pest Act and continued in effect in accordance with
section 438(c) shall be the only analyses or procedures required or
authorized by law with respect to reviewing and taking action on an
application for a permit submitted under subsection (a).
``(d) Environmental Analysis Applicable to Certain Permits.--
Notwithstanding any other provision of law, in reviewing an application
for a permit submitted under subsection (a) that is not excluded from
environmental review under regulations issued by the Secretary in
effect on the date of the enactment of this subsection (or any
successor regulations), the Secretary shall conduct an environmental
analysis described in section 411A(b)(1)(B). Such analysis shall be the
only environmental analysis or procedure required or authorized by law
with respect to reviewing and taking action on such an application.''.
(c) Transitional Provisions.--
(1) Completeness.--
(A) Completeness of petitions.--Notwithstanding any
other provision of law, including section 411A of the
Plant Protection Act (as added by subsection (a)), if
the Secretary of Agriculture determined that a petition
submitted before the date of the enactment of this
section under section 340.6 of title 7, Code of Federal
Regulations, for a determination that an organism is
not a plant pest was complete before such date, the
Secretary shall consider such petition to be complete
and maintain the status such petition had in the
process for the review of such petition on such date
under section 340.6 of title 7, Code of Federal
Regulations.
(B) Completeness of applications for permits.--
Notwithstanding any other provision of law, including
subsection (c) of section 411 of the Plant Protection
Act (7 U.S.C. 7711) (as amended by subsection (b)), if
the Secretary of Agriculture determined that an
application for a permit submitted under subsection (a)
of such section (7 U.S.C. 7711) before the date of the
enactment of this section was complete before such
date, the Secretary shall consider such application to
be complete and maintain the status such application
had in the process for the review of such application
on such date under subsection (a) of such section.
(2) Use of environmental analysis.--
(A) Use of environmental analysis for petitions.--
Notwithstanding any other provision of law, the
Secretary of Agriculture shall use any environmental
analysis conducted for purposes of a petition submitted
under section 340.6 of title 7, Code of Federal
Regulations, before the date of the enactment of this
section with respect to an organism to the greatest
extent possible to complete the environmental analysis
conducted under section 411A of the Plant Protection
Act (as added by subsection (a)) for purposes of a
petition submitted under subsection (a) of such section
with respect to such organism.
(B) Use of environmental analysis for applications
for permits.--Notwithstanding any other provision of
law, the Secretary of Agriculture shall use any
environmental analysis conducted for purposes of an
application for a permit submitted under subsection (a)
of section 411 of the Plant Protection Act (7 U.S.C.
7711) before the date of the enactment of this section
with respect to such organism to the greatest extent
possible to complete the environmental analysis
conducted under subsection (d) of such section (as
amended by subsection (b)) with respect to such
organism.
(3) Special consideration for review of certain petitions.--
(A) Pending petitions without a completed plant pest
risk assessment.--Notwithstanding section 411A(b)(3) of
the Plant Protection Act (as added by subsection (a)),
the Secretary of Agriculture shall determine the length
of the period for the review of petitions submitted
under section 340.6 of title 7, Code of Federal
Regulations, before the date of the enactment of this
section for which a plant pest risk assessment has not
been completed on or before such date of enactment.
(B) Pending petitions with a completed plant pest
risk assessment.--
(i) Deeming of certain petitions.--
Notwithstanding any other provision of law,
with respect to each covered petition, if the
Secretary finds that there is no reason to
believe that the organism that is the subject
of such covered petition is a plant pest and
the Secretary does not grant or deny such
covered petition not later than 90 days after
the date of the enactment of this section, such
organism shall be deemed not to be a plant pest
for purposes of the Plant Protection Act (7
U.S.C. 7701 et seq.).
(ii) Covered petition defined.--In this
subparagraph, the term ``covered petition''
means a petition submitted before the date of
the enactment of this section under section
340.6 of title 7, Code of Federal Regulations,
for a determination that an organism is not a
plant pest for which a plant pest risk
assessment and an environmental assessment have
been published and a notice and comment period
on each assessment has been completed as of
such date of enactment.
(4) Regulations.--Not later than 180 days after the date of
the enactment of this section, the Secretary of Agriculture
shall issue such regulations as the Secretary considers
necessary to carry out the amendments made by this section.
SEC. 10013. CONSOLIDATION OF PLANT PEST AND DISEASE MANAGEMENT AND
DISASTER PREVENTION PROGRAMS.
(a) Relocation of Legislative Language Relating to National Clean
Plant Network.--Section 420 of the Plant Protection Act (7 U.S.C. 7721)
is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) National Clean Plant Network.--
``(1) In general.--The Secretary shall establish a program to
be known as the `National Clean Plant Network' (referred to in
this subsection as the `Program').
``(2) Requirements.--Under the Program, the Secretary shall
establish a network of clean plant centers for diagnostic and
pathogen elimination services--
``(A) to produce clean propagative plant material;
and
``(B) to maintain blocks of pathogen-tested plant
material in sites located throughout the United States.
``(3) Availability of clean plant source material.--Clean
plant source material produced or maintained under the Program
may be made available to--
``(A) a State for a certified plant program of the
State; and
``(B) private nurseries and producers.
``(4) Consultation and collaboration.--In carrying out the
Program, the Secretary shall--
``(A) consult with--
``(i) State departments of agriculture; and
``(ii) land-grant colleges and universities
and NLGCA Institutions (as those terms are
defined in section 1404 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)); and
``(B) to the extent practicable and with input from
the appropriate State officials and industry
representatives, use existing Federal or State
facilities to serve as clean plant centers.''.
(b) Funding.--Subsection (f) of section 420 of the Plant Protection
Act (7 U.S.C. 7721) (as so redesignated) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking ``and each fiscal year
thereafter.'' and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) $71,500,000 for fiscal year 2013 and each fiscal year
thereafter.''.
(c) Repeal of Existing Provision.--Section 10202 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 7761) is repealed.
(d) Clarification of Use of Funds for Technical Assistance.--Section
420 of the Plant Protection Act (7 U.S.C. 7721) (as amended by
subsection (a)) is amended by adding at the end the following new
subsection:
``(g) Relationship to Other Law.--The use of Commodity Credit
Corporation funds under this section to provide technical assistance
shall not be considered an allotment or fund transfer from the
Commodity Credit Corporation for purposes of the limit on expenditures
for technical assistance imposed by section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i).''.
SEC. 10014. AUTHORITY FOR REGULATION OF PLANTS.
(a) Regulation of Plants Under Plant Protection Act.--Subject to
subsection (b), any living stage of a plant, including any nucleic acid
or other genetic material as contained in such plant, shall be
exclusively subject to regulation under statutes under which the
Secretary of Agriculture is authorized to issue regulations with
respect to plants, including the Plant Protection Act (7 U.S.C. 7701 et
seq.).
(b) Regulation of Certain Pesticidal Substances Under Federal
Insecticide, Fungicide, and Rodenticide Act.--A pesticidal substance
contained in a plant shall be subject to regulation as a plant-
incorporated protectant (as defined in section 174.3 of title 40, Code
of Federal Regulations, or any successor regulation) under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
(c) Requirements for Regulation of Certain Pesticidal Substances
Under Federal Insecticide, Fungicide, and Rodenticide Act.--The
regulations issued by the Administrator of the Environmental Protection
Agency with respect to plant-incorporated protectants under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.),
including section 3(c)(1)(C) of such Act (7 U.S.C. 136a(c)(1)(C)),
section 3(c)(2)(A) of such Act (7 U.S.C. 136a(c)(2)(A)), section 7 of
such Act (7 U.S.C. 136e), section 8 of such Act (7 U.S.C. 136f),
section 9 of such Act (7 U.S.C. 136g), and section 17 of such Act (7
U.S.C. 136o), shall--
(1) be based on sound science;
(2) use the least burdensome requirements; and
(3) provide for exemptions from the requirements otherwise
applicable to pesticides that are not plant-incorporated
protectants.
(d) Definitions.--In this section:
(1) Plant.--The term ``plant'' has the meaning given such
term in section 403 of the Plant Protection Act (7 U.S.C.
7702).
(2) Pesticidal substance.--The term ``pesticidal substance''
means a substance or a mixture of substances that--
(A) is contained in any living stage of a plant
that--
(i) as of the date of the enactment of this
subsection, is subject to part 340 of title 7,
Code of Federal Regulations; or
(ii) has been determined not to be a plant
pest under section 411A(b)(2) or deemed not to
be a plant pest under section 411A(b)(4); and
(B) is intended for preventing, destroying,
repelling, or mitigating any pest.
SEC. 10015. REPORT TO CONGRESS ON REGULATION OF BIOTECHNOLOGY.
Not later than one year after the date of the enactment of this
section, the Secretary, in consultation with the Secretary of Health
and Human Services and the Administrator of the Environmental
Protection Agency, shall submit to Congress a report on the measures
taken and proposed to be taken by the Secretaries and the Administrator
to provide for balanced and appropriate regulatory oversight of
agricultural biotechnology products, by--
(1) reducing regulatory burdens on research conducted by
academic institutions, small businesses, and public entities in
developing lower-cost plant and animal sources of food, feed,
fuel, and fiber developed through biotechnology, with special
emphasis on minor use crops, orphan crops, and sources of
protein;
(2) identifying categories of products developed through
biotechnology for which a history of safe use has been
established and providing with respect to such products reduced
data requirements, expedited review periods, exemptions from
regulation, and other measures, as appropriate, based on sound
science; and
(3) developing and implementing a cohesive national policy
for the low-level presence of agronomic biotechnology material
in crops, including grain and other commodity crops, for food,
feed, and processing.
SEC. 10016. PESTICIDE REGISTRATION IMPROVEMENT.
(a) Maintenance Fees.--
(1) Fees.--Section 4(i) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)) is
amended--
(A) in paragraph (5)--
(i) in subparagraph (C), by striking
``aggregate amount of'' and all that follows
through the end of the subparagraph and
inserting ``aggregate amount of $27,800,000 for
each of fiscal years 2013 through 2017.'';
(ii) in subparagraph (D)--
(I) in clause (i), by striking
``shall be'' and all that follows
through the semicolon and inserting
``shall be $115,500 for each of fiscal
years 2013 through 2017;''; and
(II) in clause (ii), by striking
``shall be'' and all that follows
through the period and inserting
``shall be $184,800 for each of fiscal
years 2013 through 2017.'';
(iii) in subparagraph (E)(i)--
(I) in subclause (I), by striking
``shall be'' and all that follows
through the semicolon and inserting
``shall be $70,600 for each of fiscal
years 2013 through 2017;''; and
(II) in subclause (II), by striking
``shall be'' and all that follows
through the period and inserting
``shall be $122,100 for each of fiscal
years 2013 through 2017.'';
(iv) by redesignating subparagraphs (F), (G),
and (H) as subparagraphs (G), (H), and (I),
respectively;
(v) by inserting after subparagraph (E), the
following new subparagraph:
``(F) Fee reduction for certain small businesses.--
``(i) Waiver.--Except as provided in clause
(ii), the Administrator shall waive 25 percent
of the fee under this paragraph applicable to
the first registration of any qualified small
business entity under this paragraph.
``(ii) Limitation.--The Administrator shall
not grant a waiver under clause (i) to a
qualified small business entity if the
Administrator determines that the entity has
been formed or manipulated primarily for the
purpose of qualifying for the waiver.
``(iii) Definition.--For purposes of this
subparagraph, the term `qualified small
business entity' means a corporation,
partnership, or unincorporated business that--
``(I) has 500 or fewer employees;
``(II) during the 3-year period prior
to the most recent maintenance fee
billing cycle, had an average annual
global gross revenue from all sources
that did not exceed $10,000,000; and
``(III) holds not more than 5
pesticide registrations under this
paragraph.'';
(vi) in subparagraph (G) (as redesignated by
clause (iv)), by striking ``paragraph (3)'' and
inserting ``this paragraph''; and
(vii) in subparagraph (I) (as so
redesignated), by striking ``2012'' and
inserting ``2017'';
(B) in paragraph (6)--
(i) by striking ``2014'' and inserting
``2019''; and
(ii) by striking ``paragraphs (1) through
(5)'' and inserting ``paragraph (5)'';
(C) by striking paragraphs (1), (2), (3), (4), and
(7); and
(D) by redesignating paragraphs (5) and (6) as
paragraphs (1) and (2), respectively.
(2) Extension of prohibition on tolerance fees.--Section
408(m)(3) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 346a(m)(3)) is amended by striking ``September 30,
2012'' and inserting ``September 30, 2017''.
(3) Reregistration and expedited processing fund.--
(A) Source and use.--Section 4(k)(2)(A) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136a-1(k)(2)(A)) is amended--
(i) by inserting ``, to enhance the
information systems capabilities to improve the
tracking of pesticide registration decisions,''
after ``paragraph (3)'' each place it appears;
and
(ii) in clause (i)--
(I) by inserting ``offset'' before
``the costs of reregistration''; and
(II) by striking ``in the same
portion as appropriated funds''.
(B) Expedited processing of similar applications.--
Section 4(k)(3)(A) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-
1(k)(3)(A)) is amended--
(i) in the matter preceding clause (i), by
striking ``2008 through 2012, between 1/8 and
1/7'' and inserting ``2013 through 2017,
between 1/9 and 1/8''; and
(ii) in clause (i), by striking ``new''.
(C) Enhancements of information technology systems
for improvement in review of pesticide applications.--
Section 4(k) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a-1(k)) is amended--
(i) by redesignating paragraphs (4) and (5)
as paragraphs (5) and (6), respectively;
(ii) by inserting after paragraph (3) the
following new paragraph:
``(4) Enhancements of information technology systems for
improvement in review of pesticide applications.--
``(A) In general.--For each of fiscal years 2013
through 2017, the Administrator shall use not more than
$800,000 of the amounts made available to the
Administrator in the Reregistration and Expedited
Processing Fund for the activities described in
subparagraph (B).
``(B) Activities.--The Administrator shall use
amounts made available from such Fund to improve the
information systems capabilities for the Office of
Pesticide Programs to enhance tracking of pesticide
registration decisions, which shall include--
``(i) the electronic tracking of--
``(I) registration submissions; and
``(II) the status of conditional
registrations;
``(ii) enhancing the database for information
regarding endangered species assessments for
registration review;
``(iii) implementing the capability to
electronically review labels submitted with
registration actions; and
``(iv) acquiring and implementing the
capability to electronically assess and
evaluate confidential statements of formula
submitted with registration actions.''; and
(iii) in the first sentence of paragraph (6)
(as redesignated by clause (i)), by striking
``to carry out the goals established under
subsection (l)'' and inserting ``for the
purposes described in paragraphs (2), (3), and
(4) and to carry out the goals established
under subsection (l)''.
(b) Pesticide Registration Service Fees.--
(1) Amount of fees.--Section 33(b) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
8(b)) is amended--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking
``Pesticide Registration Improvement Renewal
Act'' and inserting ``Federal Agriculture
Reform and Risk Management Act of 2012''; and
(ii) in subparagraph (B), by striking
``S10409'' and all that follows through the
period and inserting ``S___ through S___, dated
___.'';
(B) in paragraph (6)--
(i) in subparagraph (A)--
(I) by striking ``October 1, 2008''
and inserting ``October 1, 2013''; and
(II) by striking ``September 30,
2010'' and inserting ``September 30,
2015''; and
(ii) in subparagraph (B)--
(I) by striking ``October 1, 2010''
and inserting ``October 1, 2015''; and
(II) by striking ``September 30,
2010'' and inserting ``September 30,
2015''; and
(C) in paragraph (8)(C)(ii)--
(i) in subclause (I), by striking ``or'' at
the end;
(ii) in subclause (II), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following new
subclause:
``(III) on the basis that the
Administrator rejected the application
under subsection (f)(4)(B).''.
(2) Pesticide registration fund.--Section 33(c)(3)(B) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w-8(c)(3)(B)) is amended--
(A) in clause (i), by striking ``2008 through 2012''
and inserting ``2013 through 2017'';
(B) in clause (ii), by striking ``grants'' and all
that follows through the end of clause (ii) and
inserting ``grants, for each of fiscal years 2013
through 2017, $500,000.''; and
(C) in clause (iii), by striking ``2008 through
2012'' and inserting ``2013 through 2017''.
(3) Assessment of fees.--Section 33(d) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
8(d)) is amended--
(A) in paragraph (2), by striking ``2002'' each place
it appears and inserting ``2012'';
(B) by striking paragraph (4); and
(C) by redesignating paragraph (5) as paragraph (4).
(4) Reforms to reduce decision time review periods.--Section
33(e) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136w-8(e)) is amended by striking ``Pesticide
Registration Improvement Act of 2003'' and inserting ``Federal
Agriculture Reform and Risk Management Act of 2012''.
(5) Decision time review periods.--Section 33(f) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w-8(f)) is amended--
(A) in paragraph (1), by striking ``Pesticide
Registration Improvement Renewal Act'' and inserting
``Federal Agriculture Reform and Risk Management Act of
2012'';
(B) in paragraph (2), by striking ``S10409'' and all
that follows through the period and inserting ``S__
through S___, dated ___.''; and
(C) in paragraph (4)--
(i) in subparagraph (A), by inserting ``and
fee'' before the period; and
(ii) in subparagraph (B)--
(I) in the heading, by striking
``Completeness of application'' and
inserting ``Initial content and
preliminary technical screenings'';
(II) in clause (i)--
(aa) by striking ``Not
later'' and inserting the
following:
``(I) Not later''.
(bb) by adding at the end the
following new subclause:
``(II) After conducting the initial
content screening described in
subclause (I) and in accordance with
clause (iv), the Administrator shall
conduct a preliminary technical
screening--
``(aa) not later than 45 days
after the date on which the
decision time review period
begins (for applications with
decision time review periods of
not more than 180 days); and
``(bb) not later than 90 days
after the date on which the
decision time review period
begins (for applications with
decision time review periods
greater than 180 days).'';
(III) in clause (ii) by striking
``under clause (i)'' and all that
follows through the period and
inserting ``at any time before the
Administrator completes the preliminary
technical screening under clause
(i)(II) that the application failed the
initial content or preliminary
technical screening and the applicant
does not correct such failure before
the date that is 10 business days after
the applicant receives a notification
of the failure, the Administrator shall
reject the application. The
Administrator shall make every effort
to provide a written notification of
such rejection during the 10-day period
that begins on the date the
Administrator completes the preliminary
technical screening.'';
(IV) in clause (iii)--
(aa) in the heading, by
inserting ``initial content''
before ``screening'' ;
(bb) in the matter preceding
subclause (I), by inserting
``content'' after ``initial'';
and
(cc) in subclause (II), by
striking ``contains'' and
inserting ``appears to
contain''; and
(V) by adding at the end the
following new clause:
``(iv) Requirements of preliminary technical
screening.--In conducting a preliminary
technical screening of an application, the
Administrator shall determine if--
``(I) the application and the data
and information submitted with such
application are accurate and complete;
and
``(II) the application, data, and
information are consistent with the
proposed labeling and any proposal for
a tolerance or exemption from the
requirement for a tolerance under
section 408 of the Federal Food, Drug,
and Cosmetic Act, and are such that,
subject to full review under the
standards of this Act, could result in
the granting of the application.''.
(6) Reports.--Section 33(k) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(k)) is
amended--
(A) in paragraph (1), by striking ``March 1, 2014''
and inserting ``March 1, 2017''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (vi), by striking
``and'' at the end;
(II) in clause (vii), by inserting
``and'' at the end; and
(III) by adding at the end the
following new clause:
``(viii) the number of extensions of decision
time review periods agreed to under subsection
(f)(5) along with a description of the reason
that the Administrator was unable to make a
decision within the initial decision time
review period;'';
(ii) in subparagraph (E), by striking ``and''
at the end;
(iii) in subparagraph (F), by striking the
period and inserting a semicolon; and
(iv) by adding at the end the following new
subparagraphs:
``(G) a review of the progress made toward--
``(i) carrying out section 4(k)(4) and the
amounts from the Reregistration and Expedited
Processing Fund used for the purposes described
in such section;
``(ii) implementing systems for the
electronic tracking of registration submissions
by December 31, 2013;
``(iii) implementing a system for tracking
the status of conditional registrations,
including making non-confidential information
related to such conditional registrations
publicly available by December 31, 2013;
``(iv) implementing enhancements to the
endangered species knowledge database,
including making non-confidential information
related to such database publicly available;
``(v) implementing the capability to
electronically submit and review labels
submitted with registration actions;
``(vi) acquiring and implementing the
capability to electronically assess and
evaluate confidential statements of formula
submitted with registration actions by December
31, 2014; and
``(vii) facilitating public participation in
certain registration actions and the
registration review process by providing
electronic notification to interested parties
of additions to the public docket;
``(H) the number of applications rejected by the
Administrator under the initial content and preliminary
technical screening conducted under subsection (f)(4);
``(I) a review of the progress made in updating the
Pesticide Incident Data System, including progress
toward making the information contained in such System
available to the public (as the Administrator
determines is appropriate); and
``(J) an assessment of the public availability of
summary pesticide usage data.''.
(7) Termination of effectiveness.--Section 33(m) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w-8(m)) is amended--
(A) in paragraph (1), by striking ``2012'' and
inserting ``2017''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the heading, by striking
``2013'' and inserting ``2018'';
(II) by striking ``2013,'' and
inserting ``2018,''; and
(III) by striking ``September 30,
2012'' and inserting ``September 30,
2017'';
(ii) in subparagraph (B)--
(I) in the heading by striking
``2014'' and inserting ``2019'';
(II) by striking ``2014,'' and
inserting ``2019,''; and
(III) by striking ``September 30,
2012'' and inserting ``September 30,
2017'';
(iii) in subparagraph (C)--
(I) in the heading by striking
``2014'' and inserting ``2019''; and
(II) by striking ``September 30,
2014'' and inserting ``September 30,
2019''; and
(iv) in subparagraph (D), by striking
``2012'' each place it appears and inserting
``2017''.
SEC. 10017. MODIFICATION, CANCELLATION, OR SUSPENSION ON BASIS OF A
BIOLOGICAL OPINION.
(a) In General.--Except in the case of a voluntary request from a
pesticide registrant to amend a registration under section 3 of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a), a
registration of a pesticide may be modified, canceled, or suspended on
the basis of the implementation of a Biological Opinion issued by the
National Marine Fisheries Service or the United States Fish and
Wildlife Service prior to the date of completion of the study referred
to in subsection (b), or January 1, 2014, whichever is earlier, only
if--
(1) the modification, cancellation, or suspension is
undertaken pursuant to section 6 of such Act (7 U.S.C. 136d);
and
(2) the Biological Opinion complies with the recommendations
contained in the study referred to in subsection (b).
(b) National Academy of Sciences Study.--The study commissioned by
the Administrator of the Environmental Protection Agency on March 10,
2011, shall include, at a minimum, each of the following:
(1) A formal, independent, and external peer review,
consistent with Office of Management and Budget policies, of
each Biological Opinion described in subsection (a).
(2) Assessment of economic impacts of measures or
alternatives recommended in each such Biological Opinion.
(3) An examination of the specific scientific and procedural
questions and issues pertaining to economic feasibility
contained in the June 23, 2011 letter sent to the Administrator
(and other Federal officials) by the Chairmen of the Committee
on Agriculture, the Committee on Natural Resources, and the
Subcommittee on Interior, Environment, and Related Agencies of
the Committee on Appropriations, of the House of
Representatives.
SEC. 10018. USE AND DISCHARGES OF AUTHORIZED PESTICIDES.
(a) Short Title.--This section may be cited as the ``Reducing
Regulatory Burdens Act of 2012''.
(b) Use of Authorized Pesticides.--Section 3(f) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is
amended by adding at the end the following:
``(5) Use of authorized pesticides.--Except as provided in
section 402(s) of the Federal Water Pollution Control Act, the
Administrator or a State may not require a permit under such
Act for a discharge from a point source into navigable waters
of a pesticide authorized for sale, distribution, or use under
this Act, or the residue of such a pesticide, resulting from
the application of such pesticide.''.
(c) Discharges of Pesticides.--Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end
the following:
``(s) Discharges of Pesticides.--
``(1) No permit requirement.--Except as provided in paragraph
(2), a permit shall not be required by the Administrator or a
State under this Act for a discharge from a point source into
navigable waters of a pesticide authorized for sale,
distribution, or use under the Federal Insecticide, Fungicide,
and Rodenticide Act, or the residue of such a pesticide,
resulting from the application of such pesticide.
``(2) Exceptions.--Paragraph (1) shall not apply to the
following discharges of a pesticide or pesticide residue:
``(A) A discharge resulting from the application of a
pesticide in violation of a provision of the Federal
Insecticide, Fungicide, and Rodenticide Act that is
relevant to protecting water quality, if--
``(i) the discharge would not have occurred
but for the violation; or
``(ii) the amount of pesticide or pesticide
residue in the discharge is greater than would
have occurred without the violation.
``(B) Stormwater discharges subject to regulation
under subsection (p).
``(C) The following discharges subject to regulation
under this section:
``(i) Manufacturing or industrial effluent.
``(ii) Treatment works effluent.
``(iii) Discharges incidental to the normal
operation of a vessel, including a discharge
resulting from ballasting operations or vessel
biofouling prevention.''.
SEC. 10019. INCLUSION OF BED BUGS IN DEFINITION OF VECTOR ORGANISMS.
(a) Definition.--Section 2(oo) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136(oo)) is amended by inserting ``bed
bugs,'' after ``cockroaches,''.
(b) Efficacy Data for Exempted Pesticides.--Section 25(b) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(b))
is amended by adding at the end the following new sentences:
``Notwithstanding the exemption of a pesticide under this subsection,
the Administrator shall require the submission of efficacy data (and
evaluate such data) if the pesticide is labeled for or proposed to be
labeled for the control of a pest of public health significance. The
Administrator shall not permit the sale or distribution of any product
that is marketed, distributed, or sold with a claim that such product
will control a public health pest if the efficacy data submitted under
this subsection does not support such claim.''.
SEC. 10020. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title and
the amendments made by this title take effect on October 1, 2012.
(b) Exceptions.--The following provisions of this title shall take
effect on the date of the enactment of this Act:
(1) Section 10008.
(2) Section 10009.
(3) Section 10010.
TITLE XI--CROP INSURANCE
SEC. 11001. INFORMATION SHARING.
Section 502(c) of the Federal Crop Insurance Act (7 U.S.C. 1502(c))
is amended by adding at the end the following new paragraph:
``(4) Information.--
``(A) Request.--Subject to subparagraph (B), the Farm
Service Agency shall, in a timely manner, provide to an
agent or an approved insurance provider authorized by
the producer any information (including Farm Service
Agency Form 578s (or any successor form) or maps (or
any corrections to those forms or maps) that may assist
the agent or approved insurance provider in insuring
the producer under a policy or plan of insurance under
this subtitle.
``(B) Privacy.--Except as provided in subparagraph
(C), an agent or approved insurance provider that
receives the information of a producer pursuant to
subparagraph (A) shall treat the information in
accordance with paragraph (1).
``(C) Sharing.--Nothing in this section prohibits the
sharing of the information of a producer pursuant to
subparagraph (A) between the agent and the approved
insurance provider of the producer.''.
SEC. 11002. PUBLICATION OF INFORMATION ON VIOLATIONS OF PROHIBITION ON
PREMIUM ADJUSTMENTS.
Section 508(a)(9) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(9)) is amended by adding at the end the following new
subparagraph:
``(C) Publication of violations.--
``(i) Publication required.--Subject to
clause (ii), the Corporation shall publish in a
timely manner on the website of the Risk
Management Agency information regarding each
violation of this paragraph, including any
sanctions imposed in response to the violation,
in sufficient detail so that the information
may serve as effective guidance to approved
insurance providers, agents, and producers.
``(ii) Protection of privacy.--In providing
information under clause (i) regarding
violations of this paragraph, the Corporation
shall redact the identity of the persons and
entities committing the violations in order to
protect their privacy.''.
SEC. 11003. SUPPLEMENTAL COVERAGE OPTION.
(a) Availability of Supplemental Coverage Option.--Paragraph (3) of
section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is
amended to read as follows:
``(3) Yield and loss basis options.--A producer shall have
the option of purchasing additional coverage based on--
``(A)(i) an individual yield and loss basis; or
``(ii) an area yield and loss basis;
``(B) an individual yield and loss basis,
supplemented with coverage based on an area yield and
loss basis to cover a part of the deductible under the
individual yield and loss policy, as described in
paragraph (4)(C); or
``(C) a margin basis alone or in combination with the
coverages available in subparagraph (A) or (B).''.
(b) Level of Coverage.--Paragraph (4) of section 508(c) of the
Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended to read as
follows:
``(4) Level of coverage.--
``(A) Dollar denomination and percentage of yield.--
Except as provided in subparagraph (C), the level of
coverage--
``(i) shall be dollar denominated; and
``(ii) may be purchased at any level not to
exceed 85 percent of the individual yield or 95
percent of the area yield (as determined by the
Corporation).
``(B) Information.--The Corporation shall provide
producers with information on catastrophic risk and
additional coverage in terms of dollar coverage (within
the allowable limits of coverage provided in this
paragraph).
``(C) Supplemental coverage option.--
``(i) In general.--Notwithstanding
subparagraph (A), in the case of the
supplemental coverage option described in
paragraph (3)(B), the Corporation shall offer
producers the opportunity to purchase coverage
in combination with a policy or plan of
insurance offered under this subtitle that
would allow indemnities to be paid to a
producer equal to a part of the deductible
under the policy or plan of insurance--
``(I) at a county-wide level to the
fullest extent practicable; or
``(II) in counties that lack
sufficient data, on the basis of such
larger geographical area as the
Corporation determines to provide
sufficient data for purposes of
providing the coverage.
``(ii) Trigger.--Coverage offered under
paragraph (3)(B) and clause (i) shall be
triggered only if the losses in the area exceed
10 percent of normal levels (as determined by
the Corporation).
``(iii) Coverage.--Subject to the trigger
described in clause (ii), coverage offered
under paragraph (3)(B) and clause (i) shall not
exceed the difference between--
``(I) 90 percent; and
``(II) the coverage level selected by
the producer for the underlying policy
or plan of insurance.
``(iv) Ineligible crops and acres.--Crops for
which the producer has elected under section
1107(c)(1) of the Federal Agriculture Reform
and Risk Management Act of 2012 to receive
revenue loss coverage and acres that are
enrolled in the stacked income protection plan
under section 508B shall not be eligible for
supplemental coverage under this subparagraph.
``(v) Calculation of premium.--
Notwithstanding subsection (d), the premium for
coverage offered under paragraph (3)(B) and
clause (i) shall--
``(I) be sufficient to cover
anticipated losses and a reasonable
reserve; and
``(II) include an amount for
operating and administrative expenses
established in accordance with
subsection (k)(4)(F).''.
(c) Payment of Portion of Premium by Corporation.--Section 508(e)(2)
of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is amended by
adding at the end the following new subparagraph:
``(H) In the case of the supplemental coverage option
authorized in subsection (c)(4)(C), the amount shall be
equal to the sum of--
``(i) 70 percent of the additional premium
associated with the coverage; and
``(ii) the amount determined under subsection
(c)(4)(C)(vi)(II), subject to subsection
(k)(4)(F), for the coverage to cover operating
and administrative expenses.''.
(d) Effective Date.--The Federal Crop Insurance Corporation shall
begin to provide additional coverage based on an individual yield and
loss basis, supplemented with coverage based on an area yield and loss
basis, not later than for the 2013 crop year.
SEC. 11004. PREMIUM AMOUNTS FOR CATASTROPHIC RISK PROTECTION.
Subparagraph (A) of section 508(d)(2) of the Federal Crop Insurance
Act (7 U.S.C. 1508(d)(2)) is amended to read as follows:
``(A) In the case of catastrophic risk protection,
the amount of the premium established by the
Corporation for each crop for which catastrophic risk
protection is available shall be reduced by the
percentage equal to the difference between the average
loss ratio for the crop and 100 percent, plus a
reasonable reserve.''.
SEC. 11005. REPEAL OF PERFORMANCE-BASED DISCOUNT.
(a) Repeal.--Section 508(d) of the Federal Crop Insurance Act (7
U.S.C. 1508(d)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(b) Conforming Amendment.--Section 508(a)(9)(B) of the Federal Crop
Insurance Act (7 U.S.C. 1508(a)(9)(B)) is amended--
(1) by inserting ``or'' at the end of clause (i);
(2) by striking clause (ii); and
(3) by redesignating clause (iii) as clause (ii).
SEC. 11006. PERMANENT ENTERPRISE UNIT SUBSIDY.
Subparagraph (A) of section 508(e)(5) of the Federal Crop Insurance
Act (7 U.S.C. 1508(e)(5)) is amended to read as follows:
``(A) In general.--The Corporation may pay a portion
of the premiums for plans or policies of insurance for
which the insurable unit is defined on a whole farm or
enterprise unit basis that is higher than would
otherwise be paid in accordance with paragraph (2).''.
SEC. 11007. ENTERPRISE UNITS FOR IRRIGATED AND NONIRRIGATED CROPS.
Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(5)) is amended by adding at the end the following new
subparagraph:
``(D) Nonirrigated crops.--Beginning with the 2013
crop year, the Corporation shall make available
separate enterprise units for irrigated and
nonirrigated acreage of crops in counties.''.
SEC. 11008. DATA COLLECTION.
Section 508(g)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)(2)) is amended by adding at the end the following new
subparagraph:
``(E) Sources of yield data.--To determine yields
under this paragraph, the Corporation--
``(i) shall use county data collected by the
Risk Management Agency or the National
Agricultural Statistics Service, or both; or
``(ii) if sufficient county data is not
available, may use other data considered
appropriate by the Secretary.''.
SEC. 11009. ADJUSTMENT IN ACTUAL PRODUCTION HISTORY TO ESTABLISH
INSURABLE YIELDS.
Section 508(g)(4)(B) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)(4)(B)) is amended by striking ``60'' each place it appears and
inserting ``70''.
SEC. 11010. SUBMISSION AND REVIEW OF POLICIES.
Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h))
is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting
appropriately;
(B) by striking ``(1) In general.--In addition'' and
inserting the following:
``(1) Authority to submit.--
``(A) In general.--In addition''; and
(C) by adding at the end the following new
subparagraph:
``(B) Review and submission by corporation.--The
Corporation shall review any policy developed under
section 522(c) or any pilot program developed under
section 523 and submit the policy or program to the
Board under this subsection if the Corporation, at the
sole discretion of the Corporation, finds that the
policy or program--
``(i) will likely result in a viable and
marketable policy consistent with this
subsection;
``(ii) would provide crop insurance coverage
in a significantly improved form; and
``(iii) adequately protects the interests of
producers.''; and
(2) in paragraph (3)--
(A) by striking ``A policy'' and inserting the
following:
``(A) In general.--A policy''; and
(B) by adding at the end the following new
subparagraph:
``(B) Specified review and approval priorities.--In
reviewing policies and other materials submitted to the
Board under this subsection for approval, the Board--
``(i) shall make the development and approval
of a revenue policy for peanut producers a
priority so that a revenue policy is available
to peanut producers in time for the 2013 crop
year;
``(ii) shall make the development and
approval of a downed rice policy and margin
coverage policy for rice producers a priority
so that each policy is available to rice
producers in time for the 2013 crop year; and
``(iii) may approve a submission that is made
pursuant to this subsection that would,
beginning with the 2013 crop year, allow
producers that purchase policies in accordance
with subsection (e)(5)(A) to separate
enterprise units by risk rating for acreage of
crops in counties.''.
SEC. 11011. EQUITABLE RELIEF FOR SPECIALTY CROP POLICIES.
Section 508(k)(8)(E) of the Federal Crop Insurance Act of 1938 (7
U.S.C. 1508(k)(8)(E)) is amended by adding at the end the following new
clause:
``(iii) Equitable relief for specialty crop
policies.--
``(I) In general.--For each of the
2011 through 2015 reinsurance years, in
addition to the total amount of funding
for reimbursement of administrative and
operating costs that is otherwise
required to be made available in each
such reinsurance year pursuant to an
agreement entered into by the
Corporation, the Corporation shall use
$41,000,000 to provide additional
reimbursement with respect to eligible
insurance contracts for any
agricultural commodity that is not
eligible for a benefit under subtitles
A, B or C of title I of the Federal
Agriculture Reform and Risk Management
Act of 2012.
``(II) Treatment.--Additional
reimbursements made under this clause
shall be included as part of the base
level of administrative and operating
expense reimbursement to which any
limit on compensation to persons
involved in the direct sale and service
of any eligible crop insurance contract
required under an agreement entered
into by the Corporation is applied.
``(III) Rule of construction.--
Nothing in this clause shall be
construed as statutory assent to the
limit described in subclause (II).''.
SEC. 11012. BUDGET LIMITATIONS ON RENEGOTIATION OF THE STANDARD
REINSURANCE AGREEMENT.
Section 508(k)(8) of the Federal Crop Insurance Act of 1938 (7 U.S.C.
1508(k)(8)) is amended by adding at the end the following new
subparagraph:
``(F) Budget.--
``(i) In general.--The Board shall ensure
that any Standard Reinsurance Agreement
negotiated under subparagraph (A)(ii), as
compared to the previous Standard Reinsurance
Agreement--
``(I) to the maximum extent
practicable, shall be budget neutral;
and
``(II) in no event, may significantly
depart from budget neutrality.
``(ii) Use of savings.--To the extent that
any budget savings is realized in the
renegotiation of a Standard Reinsurance
Agreement under subparagraph (A)(ii), and the
savings are determined not to be a significant
departure from budget neutrality under clause
(i), the savings shall be used to increase the
obligations of the Corporation under
subsections (e)(2) or (k)(4) or section 523.''.
SEC. 11013. CROP PRODUCTION ON NATIVE SOD.
(a) Federal Crop Insurance.--Section 508(o) of the Federal Crop
Insurance Act (7 U.S.C. 1508(o)) is amended--
(1) in paragraph (1)(B), by inserting ``, or the producer
cannot substantiate that the ground has ever been tilled,''
after ``tilled'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking
``Ineligibility for'' and inserting ``Reduction in'';
and
(B) in subparagraph (A), by striking ``for benefits
under--'' and all that follows through the period at
the end and inserting ``for--
``(i) a portion of crop insurance premium
subsidies under this subtitle in accordance
with paragraph (3);
``(ii) benefits under section 196 of the
Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333); and
``(iii) payments described in subsection (b)
or (c) of section 1001 of the Food Security Act
of 1985 (7 U.S.C. 1308).''; and
(3) by striking paragraph (3) and inserting the following new
paragraphs:
``(3) Administration.--
``(A) In general.--During the first 4 crop years of
planting on native sod acreage by a producer described
in paragraph (2)--
``(i) paragraph (2) shall apply to 65 percent
of the transitional yield of the producer; and
``(ii) the crop insurance premium subsidy
provided for the producer under this subtitle
shall be 50 percentage points less than the
premium subsidy that would otherwise apply.
``(B) Yield substitution.--During the period native
sod acreage is covered by this subsection, a producer
may not substitute yields for the native sod acreage.
``(4) Application.--This subsection shall only apply to
native sod in the Prairie Pothole National Priority Area.''.
(b) Noninsured Crop Disaster Assistance.--Section 196(a)(4) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333(a)(4)) is amended--
(1) in the paragraph heading, by striking ``ineligibility''
and inserting ``benefit reduction'';
(2) in subparagraph (A)(ii), by inserting ``, or the producer
cannot substantiate that the ground has ever been tilled,''
after ``tilled'';
(3) in subparagraph (B)--
(A) in the subparagraph heading, by striking
``Ineligibility'' and inserting ``Reduction in''; and
(B) in clause (i), by striking ``for benefits under--
'' and all that follows through the period at the end
and inserting ``for--
``(I) benefits under this section;
``(II) a portion of crop insurance
premium subsidies under the Federal
Crop Insurance Act (7 U.S.C. 1501 et
seq.) in accordance with subparagraph
(C); and
``(III) payments described in
subsection (b) or (c) of section 1001
of the Food Security Act of 1985 (7
U.S.C. 1308).''; and
(4) by striking subparagraph (C) and inserting the following
new subparagraphs:
``(C) Administration.--
``(i) In general.--During the first 4 crop
years of planting on native sod acreage by a
producer described in subparagraph (B)--
``(I) subparagraph (B) shall apply to
65 percent of the transitional yield of
the producer; and
``(II) the crop insurance premium
subsidy provided for the producer under
the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) shall be 50
percentage points less than the premium
subsidy that would otherwise apply.
``(ii) Yield substitution.--During the period
native sod acreage is covered by this
paragraph, a producer may not substitute yields
for the native sod acreage.
``(D) Application.--This paragraph shall only apply
to native sod in the Prairie Pothole National Priority
Area.''.
(c) Cropland Report.--
(1) Baseline.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that describes the cropland
acreage in each applicable county and State, and the change in
cropland acreage from the preceding year in each applicable
county and State, beginning with calendar year 2000 and
including that information for the most recent year for which
that information is available.
(2) Annual updates.--Not later than January 1, 2014, and each
January 1 thereafter through January 1, 2017, the Secretary of
Agriculture shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes--
(A) the cropland acreage in each applicable county
and State as of the date of submission of the report;
and
(B) the change in cropland acreage from the preceding
year in each applicable county and State.
SEC. 11014. COVERAGE LEVELS BY PRACTICE.
Section 508 of the Federal Crop Insurance Act of 1938 (7 U.S.C. 1508)
is amended by adding at the end the following new subsection:
``(p) Coverage Levels by Practice.--Beginning with the 2014 crop
year, a producer that produces an agricultural commodity on both dry
land and irrigated land may elect a different coverage level for each
production practice.''.
SEC. 11015. BEGINNING FARMER AND RANCHER PROVISIONS.
(a) Definition.--Section 502(b) of the Federal Crop Insurance Act (7
U.S.C. 1502(b)) is amended--
(1) by redesignating paragraphs (3) through (9) as paragraphs
(4) through (10), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Beginning farmer or rancher.--The term `beginning
farmer or rancher' means a farmer or rancher who has not
actively operated and managed a farm or ranch with a bona fide
insurable interest in a crop or livestock as an owner-operator,
landlord, tenant, or sharecropper for more than 5 crop years,
as determined by the Secretary.''.
(b) Premium Adjustments.--Section 508 of the Federal Crop Insurance
Act (7 U.S.C. 1508) is amended--
(1) in subsection (b)(5)(E), by inserting ``and beginning
farmers or ranchers'' after ``limited resource farmers'';
(2) in subsection (e), by adding at the end the following new
paragraph:
``(8) Premium for beginning farmers or ranchers.--
Notwithstanding any other provision of this subsection
regarding payment of a portion of premiums, a beginning farmer
or rancher shall receive premium assistance that is 10
percentage points greater than premium assistance that would
otherwise be available under paragraphs (2) (except for
subparagraph (A) of that paragraph), (5), (6), and (7) for the
applicable policy, plan of insurance, and coverage level
selected by the beginning farmer or rancher.''; and
(3) in subsection (g)--
(A) in paragraph (2)(B)--
(i) in clause (i), by striking ``or'' at the
end;
(ii) in clause (ii)(III), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) if the producer is a beginning farmer
or rancher who was previously involved in a
farming or ranching operation, including
involvement in the decisionmaking or physical
involvement in the production of the crop or
livestock on the farm, for any acreage obtained
by the beginning farmer or rancher, a yield
that is the higher of--
``(I) the actual production history
of the previous producer of the crop or
livestock on the acreage determined
under subparagraph (A); or
``(II) a yield of the producer, as
determined in clause (i).''; and
(B) in paragraph (4)(B)(ii) (as amended by section
11009)--
(i) by inserting ``(I)'' after ``(ii)'';
(ii) by striking the period at the end and
inserting ``; or''; and
(iii) by adding at the end the following:
``(II) in the case of
beginning farmers or ranchers,
replace each excluded yield
with a yield equal to 80
percent of the applicable
transitional yield.''.
SEC. 11016. STACKED INCOME PROTECTION PLAN FOR PRODUCERS OF UPLAND
COTTON.
(a) Availability of Stacked Income Protection Plan for Producers of
Upland Cotton.--The Federal Crop Insurance Act is amended by inserting
after section 508A (7 U.S.C. 1508a) the following new section:
``SEC. 508B. STACKED INCOME PROTECTION PLAN FOR PRODUCERS OF UPLAND
COTTON.
``(a) Availability.--Beginning not later than the 2013 crop of upland
cotton, the Corporation shall make available to producers of upland
cotton an additional policy (to be known as the `Stacked Income
Protection Plan'), which shall provide coverage consistent with the
Group Risk Income Protection Plan (and the associated Harvest Revenue
Option Endorsement) offered by the Corporation for the 2011 crop year.
``(b) Required Terms.--The Corporation may modify the Stacked Income
Protection Plan on a program-wide basis, except that the Stacked Income
Protection Plan shall comply with the following requirements:
``(1) Provide coverage for revenue loss of not less than 10
percent and not more than 30 percent of expected county
revenue, specified in increments of 5 percent. The deductible
is the minimum percent of revenue loss at which indemnities are
triggered under the plan, not to be less than 10 percent of the
expected county revenue.
``(2) Be offered to producers of upland cotton in all
counties with upland cotton production--
``(A) at a county-wide level to the fullest extent
practicable; or
``(B) in counties that lack sufficient data, on the
basis of such larger geographical area as the
Corporation determines to provide sufficient data for
purposes of providing the coverage.
``(3) Be purchased in addition to any other individual or
area coverage in effect on the producer's acreage or as a
stand-alone policy, except that if a producer has an individual
or area coverage for the same acreage, the maximum coverage
available under the Stacked Income Protection Plan shall not
exceed the deductible for the individual or area coverage.
``(4) Establish coverage based on--
``(A) an expected price that is the higher of--
``(i) the expected price established under
existing Group Risk Income Protection or area
wide policy offered by the Corporation for the
applicable county (or area) and crop year; or
``(ii) $0.6861 per pound; and
``(B) an expected county yield that is the higher
of--
``(i) the expected county yield established
for the existing area-wide plans offered by the
Corporation for the applicable county (or area)
and crop year (or, in geographic areas where
area-wide plans are not offered, an expected
yield determined in a manner consistent with
those of area-wide plans); or
``(ii) the average of the applicable yield
data for the county (or area) for the most
recent 5 years, excluding the highest and
lowest observations, from the Risk Management
Agency or the National Agricultural Statistics
Service (or both) or, if sufficient county data
is not available, such other data considered
appropriate by the Secretary.
``(5) Use a multiplier factor to establish maximum protection
per acre (referred to as a `protection factor') of not less
than the higher of the level established on a program wide
basis or 120 percent.
``(6) Pay an indemnity based on the amount that the expected
county revenue exceeds the actual county revenue, as applied to
the individual coverage of the producer. Indemnities under the
Stacked Income Protection Plan shall not include or overlap the
amount of the deductible selected under paragraph (1).
``(7) In all counties for which data are available, establish
separate coverage levels for irrigated and non-irrigated
practices.
``(c) Reinsurance.--When the $0.6861 reference price is equal to or
greater than the expected price established under the existing Group
Risk Income Protection or area wide policy offered by the Corporation
for the applicable county (or area) and crop year or the yield
established under subsection (b)(4)(B) is used to establish the
expected county yield, the Corporation shall reinsure at 100 percent
that portion of the indemnity that is attributable to the difference
between--
``(1) the $0.6861 reference price and the expected price
established under the existing Group Risk Income Protection or
area wide policy offered by the Corporation for the applicable
county (or area) and crop year; and
``(2) the yield established under subsection (b)(4)(B).
``(d) Premium.--Notwithstanding section 508(d), the premium for the
Stacked Income Protection Plan shall--
``(1) be sufficient to cover anticipated losses and a
reasonable reserve; and
``(2) include an amount for operating and administrative
expenses established in accordance with section 508(k)(4)(F).
``(e) Payment of Portion by Corporation.--Subject to section
508(e)(4), the amount of premium paid by the Corporation for all
qualifying coverage levels of the Stacked Income Protection Plan shall
be--
``(1) 80 percent of the amount of the premium established
under subsection (d) for the coverage level selected; and
``(2) the amount determined under subsection (d)(2), subject
to section 508(k)(4)(F), for the coverage to cover
administrative and operating expenses.
``(f) Relation to Other Coverages.--The Stacked Income Protection
Plan is in addition to all other coverages available to producers of
upland cotton.''.
(b) Conforming Amendment.--Section 508(k)(4)(F) of the Federal Crop
Insurance Act (7 U.S.C. 1508(k)(4)(F)) is amended by inserting ``or
authorized under subsection (c)(4)(C) or section 508B'' after ``of this
subparagraph''.
SEC. 11017. PEANUT REVENUE CROP INSURANCE.
The Federal Crop Insurance Act is amended by inserting after section
508B, as added by the previous section, the following new section:
``SEC. 508C. PEANUT REVENUE CROP INSURANCE.
``(a) In General.--Effective beginning with the 2013 crop year, the
Risk Management Agency and the Corporation shall make available to
producers of peanuts a revenue crop insurance program for peanuts.
``(b) Effective Price.--Subject to subsection (c), for purposes of
the revenue crop insurance program and the multiperil crop insurance
program under this Act, the effective price for peanuts shall be equal
to the Rotterdam price index for peanuts, as adjusted to reflect the
farmer stock price of peanuts in the United States.
``(c) Adjustments.--
``(1) In general.--The effective price for peanuts
established under subsection (b) may be adjusted by the Risk
Management Agency and the Corporation to correct distortions.
``(2) Administration.--If an adjustment is made under
paragraph (1), the Risk Management Agency and the Corporation
shall--
``(A) make the adjustment in an open and transparent
manner; and
``(B) submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes the reasons for the
adjustment.''.
SEC. 11018. AUTHORITY TO CORRECT ERRORS.
Section 515(c) of the Federal Crop Insurance Act (7 U.S.C. 1515(c))
is amended--
(1) in the first sentence, by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary'';
(2) in the second sentence, by striking ``Beginning with''
and inserting the following:
``(2) Frequency.--Beginning with''; and
(3) by adding at the end the following new paragraph:
``(3) Corrections.--
``(A) In general.--In addition to the corrections
permitted by the Corporation as of the date of
enactment of the Federal Agriculture Reform and Risk
Management Act of 2012, the Corporation shall allow an
agent or an approved insurance provider, subject to
subparagraph (B)--
``(i) within a reasonable amount of time
following the applicable sales closing date, to
correct unintentional errors in information
that is provided by a producer for the purpose
of obtaining coverage under any policy or plan
of insurance made available under this subtitle
to ensure that the eligibility information is
correct;
``(ii) within a reasonable amount of time
following--
``(I) the acreage reporting date, to
correct unintentional errors in factual
information that is provided by a
producer after the sales closing date
to reconcile the information with the
information reported by the producer to
the Farm Service Agency; or
``(II) the date of any subsequent
correction of data by the Farm Service
Agency made as a result of the
verification of information; and
``(iii) at any time, to correct unintentional
errors that were made by the Farm Service
Agency or an agent or approved insurance
provider in transmitting the information
provided by the producer to the approved
insurance provider or the Corporation.
``(B) Limitation.--In accordance with the procedures
of the Corporation, correction to the information
described in clauses (i) and (ii) of subparagraph (A)
may only be made if the corrections do not allow the
producer--
``(i) to avoid ineligibility requirements for
insurance;
``(ii) to obtain, enhance, or increase an
insurance guarantee or indemnity, or avoid
premium owed, if a cause of loss exists or has
occurred before any correction has been made;
or
``(iii) to avoid an obligation or requirement
under any Federal or State law.
``(C) Exception to late filing sanctions.--Any
corrections made pursuant to this paragraph shall not
be subject to any late filing sanctions authorized in
the reinsurance agreement with the Corporation.''.
SEC. 11019. IMPLEMENTATION.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is
amended--
(1) in subsection (j), by striking paragraph (1) and
inserting the following new paragraph:
``(1) Systems maintenance and upgrades.--
``(A) In general.--The Secretary shall maintain and
upgrade the information management systems of the
Corporation used in the administration and enforcement
of this subtitle.
``(B) Requirement.--
``(i) In general.--In maintaining and
upgrading the systems, the Secretary shall
ensure that new hardware and software are
compatible with the hardware and software used
by other agencies of the Department to maximize
data sharing and promote the purposes of this
section.
``(ii) Acreage report streamlining initiative
project.--As soon as practicable, the Secretary
shall develop and implement an acreage report
streamlining initiative project to allow
producers to report acreage and other
information directly to the Department.''; and
(2) in subsection (k), by striking paragraph (1) and
inserting the following new paragraph:
``(1) Information technology.--
``(A) In general.--For purposes of subsection (j)(1),
the Corporation may use, from amounts made available
from the insurance fund established under section
516(c), not more than--
``(i)(I) for fiscal year 2013, $25,000,000;
and
``(II) for each of fiscal years 2014 through
2017, $10,000,000; or
``(ii) if the Acreage Crop Reporting
Streamlining Initiative (ACRSI) project is
substantially completed by September 30, 2014,
not more than $15,000,000 for each of the
fiscal years 2014 through 2017.
``(B) Notification.--The Secretary shall notify the
Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate of the
substantial completion of the Acreage Crop Reporting
Streamlining Initiative (ACRSI) project not later than
July 1, 2014.''.
SEC. 11020. RESEARCH AND DEVELOPMENT PRIORITIES.
Section 522(c)(6) of the Federal Crop Insurance Act (7 U.S.C.
1522(c)(6)) is amended by striking ``a pasture, range, and forage
program'' and inserting ``policies that increase participation by
producers of underserved agricultural commodities, including sweet
sorghum, biomass sorghum, rice, peanuts, and sugarcane''.
SEC. 11021. ADDITIONAL RESEARCH AND DEVELOPMENT CONTRACTING
REQUIREMENTS.
Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c))
is amended--
(1) in paragraph (10)--
(A) in subparagraph (A), by striking ``the Food,
Conservation, and Energy Act of 2008'' and inserting
``the Federal Agriculture Reform and Risk Management
Act of 2012'';
(B) in subparagraph (B)(iii), by striking ``2009''
and inserting ``2013''; and
(C) in subparagraph (C)--
(i) in clause (ii), by striking ``2010'' and
inserting ``2013''; and
(ii) in clause (iii), by striking ``Food,
Conservation, and Energy Act of 2008'' and
inserting ``the Federal Agriculture Reform and
Risk Management Act of 2012'';
(2) by redesignating paragraph (17) as paragraph (24); and
(3) by inserting after paragraph (16), the following new
paragraphs:
``(17) Margin coverage for catfish.--
``(A) In general.--The Corporation shall offer to
enter into a contract with a qualified entity to
conduct research and development regarding a policy to
insure producers against reduction in the margin
between the market value of catfish and selected costs
incurred in the production of catfish.
``(B) Eligibility.--Eligibility for the policy
described in subparagraph (A) shall be limited to
freshwater species of catfish that are propagated and
reared in controlled or selected environments.
``(C) Implementation.--The Board shall review the
policy described in subparagraph (B) under subsection
508(h) and approve the policy if the Board finds that
the policy--
``(i) will likely result in a viable and
marketable policy consistent with this
subsection;
``(ii) would provide crop insurance coverage
in a significantly improved form;
``(iii) adequately protects the interests of
producers; and
``(iv) the proposed policy meets other
requirements of this subtitle determined
appropriate by the Board.
``(18) Biomass and sweet sorghum energy crop insurance
policies.--
``(A) Authority.--The Corporation shall offer to
enter into 1 or more contracts with qualified entities
to carry out research and development regarding--
``(i) a policy to insure biomass sorghum that
is grown expressly for the purpose of producing
a feedstock for renewable biofuel, renewable
electricity, or biobased products; and
``(ii) a policy to insure sweet sorghum that
is grown for a purpose described in clause (i).
``(B) Research and development.--Research and
development with respect to each of the policies
required in subparagraph (A) shall evaluate the
effectiveness of risk management tools for the
production of biomass sorghum or sweet sorghum,
including policies and plans of insurance that--
``(i) are based on market prices and yields;
``(ii) to the extent that insufficient data
exist to develop a policy based on market
prices and yields, evaluate the policies and
plans of insurance based on the use of weather
indices, including excessive or inadequate
rainfall, to protect the interest of crop
producers; and
``(iii) provide protection for production or
revenue losses, or both.
``(19) Study on swine catastrophic disease program.--
``(A) In general.--The Corporation shall contract
with a qualified person to conduct a study to determine
the feasibility of insuring swine producers for a
catastrophic event.
``(B) Report.--Not later than 1 year after the date
of the enactment of this paragraph, the Corporation
shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes the results of the study
conducted under subparagraph (A).
``(20) Whole farm diversified risk management insurance
plan.--
``(A) In general.--The Corporation shall conduct
activities or enter into contracts to carry out
research and development to develop a whole farm risk
management insurance plan, with a liability limitation
of $1,000,000, that allows a diversified crop or
livestock producer the option to qualify for an
indemnity if actual gross farm revenue is below 85
percent of the average gross farm revenue or the
expected gross farm revenue that can reasonably be
expected of the producer, as determined by the
Corporation.
``(B) Eligible producers.--The Corporation shall
permit producers (including direct-to-consumer
marketers and producers servicing local and regional
and farm identity-preserved markets) who produce
multiple agricultural commodities, including specialty
crops, industrial crops, livestock, and aquaculture
products, to participate in the plan in lieu of any
other plan under this subtitle.
``(C) Diversification.--The Corporation may provide
diversification-based additional coverage payment
rates, premium discounts, or other enhanced benefits in
recognition of the risk management benefits of crop and
livestock diversification strategies for producers that
grow multiple crops or that may have income from the
production of livestock that uses a crop grown on the
farm.
``(D) Market readiness.--The Corporation may include
coverage for the value of any packing, packaging, or
any other similar on-farm activity the Corporation
determines to be the minimum required in order to
remove the commodity from the field.
``(E) Report.--Not later than 2 years after the date
of enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
describes the results and feasibility of the research
and development conducted under this paragraph,
including an analysis of potential adverse market
distortions.
``(21) Study of food safety insurance.--
``(A) In general.--The Corporation shall offer to
enter into a contract with 1 or more qualified entities
to conduct a study to determine whether offering
policies that provide coverage for specialty crops from
food safety and contamination issues would benefit
agricultural producers.
``(B) Subject.--The study described in subparagraph
(A) shall evaluate policies and plans of insurance
coverage that provide protection for production or
revenue impacted by food safety concerns including, at
a minimum, government, retail, or national consumer
group announcements of a health advisory, removal, or
recall related to a contamination concern.
``(C) Report.--Not later than 1 year after the date
of enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
describes the results of the study conducted under
subparagraph (A).
``(22) Study on poultry catastrophic disease program.--
``(A) In general.--The Corporation shall contract
with a qualified person to conduct a study to determine
the feasibility of insuring poultry producers for a
catastrophic event.
``(B) Report.--Not later than 1 year after the date
of the enactment of this paragraph, the Corporation
shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes the results of the study
conducted under subparagraph (A).
``(23) Poultry business interruption insurance policy.--
``(A) Authority.--The Corporation shall offer to
enter into a contract or cooperative agreement with a
university or other legal entity to carry out research
and development regarding a policy to insure the
commercial production of poultry against business
interruptions caused by integrator bankruptcy.
``(B) Research and development.--As part of the
research and development conducted pursuant to a
contract or cooperative agreement entered into under
subparagraph (A), the entity shall--
``(i) evaluate the market place for business
interruption insurance that is available to
poultry growers;
``(ii) determine what statutory authority
would be necessary to implement a business
interruption insurance through the Corporation;
``(iii) assess the feasibility of a policy or
plan of insurance offered under this subtitle
to insure against losses due to the bankruptcy
of an business integrator; and
``(iv) analyze the costs to the Federal
Government of a Federal business interruption
insurance program for poultry growers.
``(C) Definitions.--In this paragraph, the terms
`poultry' and `poultry grower' have the meanings given
those terms in section 2(a) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 182(a)).
``(D) Deadline for contract or cooperative
agreement.--Not later than six months after the date of
the enactment of this paragraph, the Corporation shall
enter into the contract or cooperative agreement
required by subparagraph (A).
``(E) Deadline for completion of research and
development.--Not later than one year after the date of
the enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
describes the results of the research and development
conducted pursuant to the contract or cooperative
agreement entered into under subparagraph (A).''.
SEC. 11022. PILOT PROGRAMS.
Section 523(a) of the Federal Crop Insurance Act (7 U.S.C. 1523(a))
is amended--
(1) in paragraph (1), by inserting ``, at the sole discretion
of the Corporation,'' after ``may''; and
(2) by striking paragraph (5).
SEC. 11023. LIMITATION ON EXPENDITURES FOR LIVESTOCK PILOT PROGRAMS.
Section 523(b)(10) of the Federal Crop Insurance Act (7 U.S.C.
1523(b)(10)) is amended--
(1) in subparagraph (C), by striking ``fiscal year 2004 and
each subsequent fiscal year'' and inserting ``each of fiscal
years 2004 through 2012''; and
(2) by adding at the end the following new subparagraph:
``(D) $50,000,000 for fiscal year 2013 and each
subsequent fiscal year.''.
SEC. 11024. NONINSURED CROP ASSISTANCE PROGRAM.
Section 196 of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7333), as amended by section 11013(b)) is further
amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following new paragraph:
``(1) In general.--
``(A) Coverages.--In the case of an eligible crop
described in paragraph (2), the Secretary of
Agriculture shall operate a noninsured crop disaster
assistance program to provide coverages based on
individual yields (other than for value-loss crops)
equivalent to--
``(i) catastrophic risk protection available
under section 508(b) of the Federal Crop
Insurance Act (7 U.S.C. 1508(b)); or
``(ii) additional coverage available under
subsections (c) and (h) of section 508 of that
Act (7 U.S.C. 1508) that does not exceed 65
percent.
``(B) Administration.--The Secretary shall carry out
this section through the Farm Service Agency (referred
to in this section as the `Agency').''; and
(B) in paragraph (2)(A)--
(i) in clause (i), by striking ``and'' after
the semicolon at the end;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following new clause:
``(ii) for which additional coverage
under subsections (c) and (h) of
section 508 of that Act (7 U.S.C. 1508)
is not available; and'';
(2) in subsection (d), by striking ``The Secretary'' and
inserting ``Subject to subsection (l), the Secretary''; and
(3) by adding at the end the following new subsection:
``(l) Payment Equivalent to Additional Coverage.--
``(1) In general.--The Secretary shall make available to a
producer eligible for noninsured assistance under this section
a payment equivalent to an indemnity for additional coverage
under subsections (c) and (h) of section 508 of the Federal
Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65
percent of the established yield for the eligible crop on the
farm, computed by multiplying--
``(A) the quantity that is not greater than 65
percent of the established yield for the crop, as
determined by the Secretary, specified in increments of
5 percent;
``(B) 100 percent of the average market price for the
crop, as determined by the Secretary; and
``(C) a payment rate for the type of crop, as
determined by the Secretary, that reflects--
``(i) in the case of a crop that is produced
with a significant and variable harvesting
expense, the decreasing cost incurred in the
production cycle for the crop that is, as
applicable--
``(I) harvested;
``(II) planted but not harvested; or
``(III) prevented from being planted
because of drought, flood, or other
natural disaster, as determined by the
Secretary; or
``(ii) in the case of a crop that is produced
without a significant and variable harvesting
expense, such rate as shall be determined by
the Secretary.
``(2) Premium.--To be eligible to receive a payment under
this subsection, a producer shall pay--
``(A) the service fee required by subsection (k); and
``(B) a premium for the applicable crop year that is
equal to the product obtained by multiplying--
``(i) the number of acres devoted to the
eligible crop;
``(ii) the established yield for the eligible
crop, as determined by the Secretary under
subsection (e);
``(iii) the coverage level elected by the
producer;
``(iv) the average market price, as
determined by the Secretary; and
``(v) .0525.
``(3) Limited resource, beginning, and socially disadvantaged
farmers.--The additional coverage made available under this
subsection shall be available to limited resource, beginning,
and socially disadvantaged producers, as determined by the
Secretary, in exchange for a premium that is 50 percent of the
premium determined for a producer under paragraph (2).
``(4) Premium payment and application deadline.--
``(A) Premium payment.--A producer electing
additional coverage under this subsection shall pay the
premium amount owed for the additional coverage by
September 30 of the crop year for which the additional
coverage is purchased.
``(B) Application deadline.--The latest date on which
additional coverage under this subsection may be
elected shall be the application closing date described
in subsection (b)(1).
``(5) Effective date.--Additional coverage under this
subsection shall be available beginning with the 2014
crop.''.workhome100now . com
SEC. 11025. TECHNICAL AMENDMENTS.
(a) Eligibility for Department Programs.--Section 508(b) of the
Federal Crop Insurance Act (7 U.S.C. 1508(b)) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8) through (11) as
paragraphs (7) through (10), respectively.
(b) Exclusions to Assistance for Losses Due to Drought Conditions.--
(1) In general.--Section 531(d)(3)(A) of the Federal Crop
Insurance Act (7 U.S.C. 1531(d)(3)(A)) is amended--
(A) by striking ``(A) Eligible losses.--'' and all
that follows through ``An eligible'' in clause (i) and
inserting the following:
``(A) Eligible losses.--An eligible'';
(B) by striking clause (ii); and
(C) by redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively, and indenting
appropriately.
(2) Conforming amendment.--Section 901(d)(3)(A) of the Trade
Act of 1974 (19 U.S.C. 2497(d)(3)(A)) is amended--
(A) by striking ``(A) Eligible losses.--'' and all
that follows through ``An eligible'' in clause (i) and
inserting the following:
``(A) Eligible losses.--An eligible'';
(B) by striking clause (ii); and
(C) by redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively, and indenting
appropriately.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
SEC. 12101. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER.
Section 375(e)(6)(C) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008j(e)(6)(C)) is amended by striking ``2012'' and
inserting ``2017''.
SEC. 12102. TRICHINAE CERTIFICATION PROGRAM.
Section 10405(d)(1) of the Animal Health Protection Act (7 U.S.C.
8304(d)(1)) is amended in subparagraphs (A) and (B) by striking
``2012'' each place it appears and inserting ``2017''.
SEC. 12103. NATIONAL AQUATIC ANIMAL HEALTH PLAN.
Section 11013(d) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8322(d)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 12104. REPORT ON COMPLIANCE WITH WORLD TRADE ORGANIZATION DECISION
REGARDING COUNTRY OF ORIGIN LABELING.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Agriculture shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Agriculture
of the House of representatives a report detailing the steps the
Secretary will take so that the United States is in compliance with the
decision of the World Trade Organization in United States - Certain
Country of Origin Labeling (COOL) Requirements (DS384, DS386).
SEC. 12105. REPEAL OF CERTAIN REGULATIONS UNDER THE PACKERS AND
STOCKYARDS ACT, 1921.
(a) Repeal of Certain Regulation Requirement.--Section 11006 of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122
Stat. 2120) is repealed.
(b) Repeal of Certain Existing Regulations.--The following provisions
of title 9, Code of Federal Regulations, are repealed:
(1) Subsections (n) and (o) of section 201.2.
(2) Subsection (a) of section 201.3.
(3) Subsection (a) of section 201.215.
(c) Prohibition on Enforcement of Certain Regulations or Issuance of
Similar Regulations.--Notwithstanding any other provision of law, the
Secretary of Agriculture shall not--
(1) enforce the provisions of title 9, Code of Federal
Regulations, referred to in subsection (b);
(2) finalize or implement section 201.2(l), 201.2(t),
201.2(u), 201.3(c), 201.210, 201.211, 201.213, and 201.214 of
title 9, Code of Federal Regulations, as proposed to be added
by the rule entitled ``Implementation of Regulations Required
Under Title XI of the Food, Conservation and Energy Act of
2008; Conduct in Violation of the Act'' (75 Fed. Reg. 35338
(June 22, 2010)); or
(3) issue regulations or adopt a policy similar to the
provisions referred to in subsection (b) or in paragraph (2).
SEC. 12106. MEAT AND POULTRY PROCESSING REPORT.
Not later than one year after the date of the enactment of this Act,
the Secretary of Agriculture, in consultation with States, processors,
and producers, shall submit to Congress a report describing--
(1) additional steps that can be taken to better meet the
needs of small and very small meat and poultry producers and
processors that are subject to Federal or State inspection; and
(2) methods to create an electronic submission option for the
approval of meat labels and to provide improved public access
to information on the label approval process.
Subtitle B--Socially Disadvantaged Producers and Limited Resource
Producers
SEC. 12201. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS
AND RANCHERS AND VETERAN FARMERS AND RANCHERS.
(a) Outreach and Assistance for Socially Disadvantaged Farmers and
Ranchers and Veteran Farmers and Ranchers.--Section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279) is
amended--
(1) in the section heading, by inserting ``and veteran
farmers and ranchers'' after ``ranchers'';
(2) in subsection (a)--
(A) in paragraph (1), by inserting ``and veteran
farmers or ranchers'' after ``ranchers'';
(B) in paragraph (2)(B)(i), by inserting ``and
veteran farmers or ranchers'' after ``ranchers''; and
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by striking the
period at the end and inserting ``;
and''; and
(III) by adding at the end the
following new clause:
``(iii) $10,000,000 for each of fiscal years
2013 through 2017.''; and
(ii) by adding at the end the following new
subparagraph:
``(D) Authorization of appropriations.--There is
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2013 through
2017.'';
(3) in subsection (b)(2), by inserting ``or veteran farmers
and ranchers'' after ``socially disadvantaged farmers and
ranchers'';
(4) in subsection (c)--
(A) in paragraph (1)(A), by inserting ``veteran
farmers or ranchers and'' before ``members''; and
(B) in paragraph (2)(A), by inserting ``veteran
farmers or ranchers and'' before ``members''; and
(5) in subsection (e)(5)(A)--
(A) in clause (i), by inserting ``and veteran farmers
or ranchers'' after ``ranchers''; and
(B) in clause (ii), by inserting ``and veteran
farmers or ranchers'' after ``ranchers''.
(b) Definition of Veteran Farmer or Rancher.--Section 2501(e) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e)) is amended by adding at the end the following new paragraph:
``(7) Veteran farmer or rancher.--The term `veteran farmer or
rancher' means a farmer or rancher who served in the active
military, naval, or air service, and who was discharged or
released from the service under conditions other than
dishonorable.''.
SEC. 12202. OFFICE OF ADVOCACY AND OUTREACH.
Paragraph (3) of section 226B(f) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6934(f)) is amended to read as
follows:
``(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
``(A) such sums as are necessary for each of fiscal
years 2009 through 2012; and
``(B) $2,000,000 for each of fiscal years 2013
through 2017.''.
Subtitle C--Other Miscellaneous Provisions
SEC. 12301. GRANTS TO IMPROVE SUPPLY, STABILITY, SAFETY, AND TRAINING
OF AGRICULTURAL LABOR FORCE.
Subsection (d) of section 14204 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 2008q-1) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for each of fiscal years
2008 through 2012; and
``(2) $10,000,000 for each of fiscal years 2013 through
2017.''.
SEC. 12302. EVALUATION REQUIRED FOR PURPOSES OF PROHIBITION ON CLOSURE
OR RELOCATION OF COUNTY OFFICES FOR THE FARM
SERVICE AGENCY.
(a) Prohibition on Closure or Relocation of Offices With High
Workload Volume.--Section 14212 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 6932a) is amended by striking subsection (a) and
inserting the following new subsection:
``(a) Prohibition on Closure or Relocation of Offices With High
Workload Volume.--The Secretary of Agriculture may not close or
relocate a county or field office of the Farm Service Agency in a State
if the Secretary determines, after conducting the evaluation required
under subsection (b)(1)(B), that the office has a high workload volume
compared with other county offices in the State.''.
(b) Workload Evaluation.--Section 14212(b)(1) of such Act (7 U.S.C.
6932a(b)(1)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively, and moving the margins of such clauses
two ems to the right;
(2) by striking ``the Farm Service Agency, to the maximum
extent practicable'' and inserting ``the Farm Service Agency--
``(A) to the maximum extent practicable'';
(3) in clause (ii) (as redesignated by paragraph (1))--
(A) by inserting ``as of the date of the enactment of
this Act'' after ``employees''; and
(B) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following new subparagraph:
``(B) conduct and complete an evaluation of all
workload assessments for Farm Service Agency county
offices that were open and operational as of January 1,
2012, during the period that begins on a date that is
not later than 180 days after the date of the enactment
of the Federal Agriculture Reform and Risk Management
Act of 2012 and ends on the date that is 18 months
after such date of enactment.''.
SEC. 12303. PROHIBITION ON ATTENDING AN ANIMAL FIGHT OR CAUSING A MINOR
TO ATTEND AN ANIMAL FIGHT.
Section 26(a)(1) of the Animal Welfare Act (7 U.S.C. 2156(a)(1)) is
amended by striking the period and inserting ``or to knowingly attend
or knowingly cause a minor to attend an animal fighting venture.''.
SEC. 12304. PROGRAM BENEFIT ELIGIBILITY STATUS FOR PARTICIPANTS IN HIGH
PLAINS WATER STUDY.
Section 2901 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1818) is amended by striking ``this Act
or an amendment made by this Act'' and inserting ``this Act, an
amendment made by this Act, the Federal Agriculture Reform and Risk
Management Act of 2012, or an amendment made by the Federal Agriculture
Reform and Risk Management Act of 2012''.
SEC. 12305. OFFICE OF TRIBAL RELATIONS.
(a) In General.--Title III of the Department of Agriculture
Reorganization Act of 1994 is amended by adding after section 308 (7
U.S.C. 3125a note; Public Law 103-354) the following new section:
``SEC. 309. OFFICE OF TRIBAL RELATIONS.
``The Secretary shall establish in the Office of the Secretary an
Office of Tribal Relations to advise the Secretary on policies related
to Indian tribes.''.
(b) Conforming Amendment.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by
inserting after paragraph (8), as added by section 3207, the following
new paragraph:
``(9) the authority of the Secretary to establish in the
Office of the Secretary the Office of Tribal Relations in
accordance with section 309; and''.
SEC. 12306. MILITARY VETERANS AGRICULTURAL LIAISON.
(a) In General.--Subtitle A of the Department of Agriculture
Reorganization Act of 1994 is amended by inserting after section 218 (7
U.S.C. 6918) the following new section:
``SEC. 219. MILITARY VETERANS AGRICULTURAL LIAISON.
``(a) Authorization.--The Secretary shall establish in the Department
the position of Military Veterans Agricultural Liaison.
``(b) Duties.--The Military Veterans Agricultural Liaison shall--
``(1) provide information to returning veterans about, and
connect returning veterans with, beginning farmer training and
agricultural vocational and rehabilitation programs appropriate
to the needs and interests of returning veterans, including
assisting veterans in using Federal veterans educational
benefits for purposes relating to beginning a farming or
ranching career;
``(2) provide information to veterans concerning the
availability of and eligibility requirements for participation
in agricultural programs, with particular emphasis on beginning
farmer and rancher programs;
``(3) serve as a resource for assisting veteran farmers and
ranchers, and potential farmers and ranchers, in applying for
participation in agricultural programs; and
``(4) advocate on behalf of veterans in interactions with
employees of the Department.''.
(b) Conforming Amendment.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by
inserting after paragraph (9), as added by section 12305, the following
new paragraph:
``(10) the authority of the Secretary to establish in the
Department the position of Military Veterans Agricultural
Liaison in accordance with section 219.''.
SEC. 12307. ACER ACCESS AND DEVELOPMENT PROGRAM.
(a) Grants Authorized.--The Secretary of Agriculture may make grants
to States, tribal governments, and research institutions to support the
efforts of such States, tribal governments, and research institutions
to promote the domestic maple syrup industry through the following
activities:
(1) Promotion of research and education related to maple
syrup production.
(2) Promotion of natural resource sustainability in the maple
syrup industry.
(3) Market promotion for maple syrup and maple-sap products.
(4) Encouragement of owners and operators of privately-held
land containing species of trees in the genus Acer--
(A) to initiate or expand maple-sugaring activities
on the land; or
(B) to voluntarily make the land available, including
by lease or other means, for access by the public for
maple-sugaring activities.
(b) Application.--In submitting an application for a grant under this
section, a State or tribal government shall include--
(1) a description of the activities to be supported using the
grant funds;
(2) a description of the benefits that the State or tribal
government intends to achieve as a result of engaging in such
activities; and
(3) an estimate of the increase in maple-sugaring activities
or maple syrup production that the State or tribal government
anticipates will occur as a result of engaging in such
activities.
(c) Rule of Construction.--Nothing in this section shall be construed
so as to preempt a State or tribal government law, including a State or
tribal government liability law.
(d) Definition of Maple-sugaring.--In this section, the term ``maple-
sugaring'' means the collection of sap from any species of tree in the
genus Acer for the purpose of boiling to produce food.
(e) Regulations.--The Secretary of Agriculture shall promulgate such
regulations as are necessary to carry out this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2013 through 2017.
SEC. 12308. PROHIBITION AGAINST INTERFERENCE BY STATE AND LOCAL
GOVERNMENTS WITH PRODUCTION OR MANUFACTURE OF ITEMS
IN OTHER STATES.
(a) In General.--The government of a State or locality therein shall
not impose a standard or condition on the production or manufacture of
any agricultural product sold or offered for sale in interstate
commerce if--
(1) such production or manufacture occurs in another State;
and
(2) the standard or condition is in addition to the standards
and conditions applicable to such production or manufacture
pursuant to--
(A) Federal law; and
(B) the laws of the State and locality in which such
production or manufacture occurs.
(b) Agricultural Product Defined.--In this section, the term
``agricultural product'' has the meaning given such term in section 207
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).
SEC. 12309. INCREASED PROTECTION FOR AGRICULTURAL INTERESTS IN THE
MISSOURI RIVER BASIN.
(a) Findings.--Congress finds the following:
(1) Record runoff occurred in the Missouri River basin during
2011 as a result of historic rainfall over portions of the
upper basin coupled with heavy plains and mountain snowpack.
(2) Runoff above Sioux City, Iowa, during the 5-month period
of March through July totaled an estimated 48,400,000 acre-feet
(referred to in this section as ``MAF''). This runoff volume
was more than 20 percent greater than the design storm for the
Missouri River Mainstem Reservoir System (referred to in this
section as ``System''), which was based on the 1881 runoff of
40.0 MAF during the same 5-month period.
(3) During the 2011 runoff season, nearly 61,000,000 acre-
feet of water entered the Missouri River system, far surpassing
the previous record of 49 MAF in runoff that was set during the
flood of 1997.
(4) Given the incredible amount of water entering the
reservoir system, the summer months were spent working to
evacuate as much water from the reservoir system as possible,
ultimately leading to record high water releases from Gavins
Point Dam of 160,000 cubic feet per second, a rate that more
than doubled the previous release record of 70,000 cubic feet
per second set in 1997.
(5) For nearly 4 months, these extremely high releases from
Gavins Point were maintained, resulting in severe and sustained
flooding, with much of western Iowa and eastern Nebraska as
well as portions of South Dakota, Kansas, and Missouri
inundated by a flooding river 3 to 5 feet deep, up to 11 miles
wide, and flowing at a rate of 4 to miles per hour.
(6) Thousands of homes and businesses were damaged or
destroyed and hundreds of millions of dollars in damage was
done to roads and other public infrastructure.
(7) In addition to the homes, businesses, and infrastructure
impacted by the flooding, hundreds of thousands of acres of
cropland were affected.
(8) The Department of Agriculture has estimated that 400,000
to 500,000 acres of some of the most productive crop land in
the world was flooded in 2011.
(9) Local Farm Services Agency representatives have estimated
that $82,100,000 was lost in 2011 alone due to damaged or lost
crops and unplanted acres.
(10) Not only did the flooding eliminate the crop, but it is
highly unlikely that many farmers will be able to put this land
back into production at any point in the near future.
(11) Producers will have to contend with large piles of sand,
silt, and other debris that have been deposited in their
fields, meaning the impact of this flood will be felt in the
agricultural communities up and down the river for many, many
years to come.
(12) Currently, the amount of storage capacity in the
reservoir system that is set aside for flood control is based
upon the vacated space required to control the 1881 flood,
because prior to the 2011 flood, the 1881 flood was seen as the
``high water mark''.
(13) Given the historic flooding that took place in 2011, it
is clear that that year's flooding now represents a new ``high
water mark'', surpassing the flooding of even the 1881 flood.
(14) It is important that the flood control related functions
of the System management be adjusted to reflect the reality of
the 2011 flood as the new ``worst case scenario'' for flooding
along the Missouri River.
(15) System management may begin to be adjusted to account
for the 2011 flood through a recalculation of the amount of
storage space within the System that is allocated to flood
control, using the model not of the 1881 flood, but of the
greatest flood experienced--the flood of 2011.
(16) As a result of the flooding in 2011, many States
received disaster declarations from the Department of
Agriculture to help farmers and producers recover from the
damage done by the high water.
(17) Though helpful, even the assistance provided by the
Department of Agriculture will not provide many in the
agriculture community with the resources to put their land back
into production any time soon.
(18) Without the protection that will come from a fundamental
change in the reservoir System's flood control storage
allocations, farmers, producers, and other agricultural
interests who may be in a position to restart their operations
will find it difficult to justify doing so, given the fact that
they will not be protected from similar flooding in the future.
(19) On behalf of Agribusiness in Hamburg, Iowa, and its
neighboring communities, the Secretary of Agriculture should
use any authority and all relationships the Secretary has with
other Federal agencies to ensure that the area and local
agricultural economy are protected from flooding.
(b) Updated Management of the Missouri River to Protect Agricultural
Interests.--In order to strengthen the agricultural economy, revitalize
the rural communities, and conserve the natural resources of the
Missouri River basin, the Congress directs the Secretary of Agriculture
to take action to promote immediate increased flood protection for
farmers, producers, and other agricultural interests in the Missouri
River basin by working within his jurisdiction to support efforts--
(1) to recalculate the amount of space within the System that
is allocated to flood control storage using the 2011 flood as
the model; and
(2) to increase the River's channel capacity between the
reservoirs and below Gavins Point.
Brief Explanation
Title I--Commodities
Repeals the Direct Payment program beginning with
the 2013 crop year.
Repeals the Average Crop Revenue Election (ACRE)
program beginning with the 2013 crop year.
Repeals the Counter-Cyclical Payment (CCP) program
beginning with the 2013 crop year.
Provides producers with a one-time choice between
participating in Price Loss Coverage (PLC) or Revenue Loss
Coverage (RLC). The choice is made on a farm-by-farm and crop-
by-crop basis. Both options utilize the reference prices given
below.
REFERENCE PRICES
------------------------------------------------------------------------
H.R. 6083 as
Reference price Units Current law amended
------------------------------------------------------------------------
Wheat......................... Bu 4.17 5.50
Rice.......................... Cwt 10.50 14.00
Corn.......................... Bu 2.63 3.70
Oats.......................... Bu 1.79 2.40
Barley\1\..................... Bu 2.63 4.95
Sorghum....................... Bu 2.63 3.95
Cotton........................ Lb 0.7125 n/a
Peanuts....................... Ton 495 535
Soybeans...................... Bu 6.00 8.40
Other Oilseeds................ Cwt 12.68 20.15
Dry Peas...................... Cwt 8.32 11.00
Lentils....................... Cwt 12.81 19.97
Small Chickpeas............... Cwt 10.36 19.04
Large Chickpeas............... Cwt 12.81 21.54
------------------------------------------------------------------------
USDA is directed to use the all-barley price for
making Price Loss Coverage and Revenue Loss Coverage payments
for barley.
Cotton is ineligible for PLC and RLC and instead
is offered an area-based crop insurance product to resolve the
World Trade Organization (WTO) dispute with Brazil.
Reauthorizes nonrecourse loans for loan
commodities for the 2013 to 2017 crops years at loan rates
established in current law. Adjustments are made to the cotton
marketing loan rate to resolve the WTO dispute with Brazil.
Eliminates the separate farm and non-farm adjusted
gross income limits. Individuals with a 3-year average adjusted
gross income greater than $950,000 are ineligible for commodity
and conservation program benefits.
Individuals and entities may only receive up to a
combined total of $125,000 from both PLC and RLC payments.
Reauthorizes the sugar policy established in
current law.
Reauthorizes the Livestock Indemnity Program, the
Livestock Forage Disaster Program, Emergency Assistance for
Livestock, Honey Bees and Farm-Raised Fish and the Tree
Assistance Program.
Establishes a voluntary risk management safety net
for dairy producers; the Dairy Producer Margin Protection and
Dairy Market Stabilization Programs.
Dairy producers have the option to sign up for
basic margin protection developed to aid in better risk
management practices when milk prices and feed prices converge.
Producers signing up for the margin protection
program would be subject to the Dairy Market Stabilization
Program.
Among the risk management tools authorized for
dairy producers is a new program that will provide a basic
level of protection for up to 80 percent of production history
when margins fall below $4.00 for a consecutive two month
period.
Saves $37 million over 10 years, nearly a 10
percent saving from the current baseline.
Creates one new program: the voluntary risk
management, which is tied to a market stabilization program.
Reauthorizes 3 programs: (1) Dairy Forward Pricing
Program; (2) Dairy Indemnity Program; and (3) Dairy Promotion
and Research Program.
Eliminates 4 programs: (1) Dairy Product Price
Support Program; (2) Milk Income Loss Contract Program (MILC);
(3) Dairy Export Incentive Program; and (4) Federal Milk
Marketing Order Review Commission.
Title II--Conservation
Provides farmers, ranchers, foresters and
landowners with voluntary, incentive-based financial and
technical assistance for conservation practices.
Consolidates 23 programs into 13, while increasing
flexibility and program efficiency.
Amends the Conservation Reserve Program to improve
and focus acres on the most environmentally sensitive lands.
Enrollment is incrementally scaled back to 25 million acres by
2017. Flexibility for haying and grazing is included, in
addition to two million acres reserved for grassland contracts.
While transitioning acres, expiring contracts are given
priority consideration for working lands and grasslands
contracts and Conservation Stewardship Program contracts. The
Transition Incentives Program (TIP) will continue.
The Conservation Stewardship Program allows for
producers to adopt new conservation practices while maintaining
and protecting existing improvements made on natural resources.
Enrollment is 9 million acres per year.
Reauthorizes and amends the Environmental Quality
Incentives Program to include functions of the past Wildlife
Habitat Incentives Program (WHIP), providing similar wildlife
incentives. Also, EQIP provides cost share incentives to
producers to meet or avoid the need for national, state, or
local regulation. The Conservation Innovation Grant (CIG)
subprogram will continue.
Reauthorizes the Voluntary Public Access and
Habitat Incentive Program.
Establishes the Regional Conservation Partnership
Program (RCPP) by the consolidation of four programs, including
all of their major functions in order to leverage program
dollars to increase effectiveness. RCPP allows for USDA and
outside partners to work directly with producers to address
natural resource concerns. This is a competitive program that
USDA will select based on the merit of the targeted regions
application. The Secretary may designate Critical Conservation
Areas that are under significant regulatory pressure.
Creates the Agricultural Conservation Easement
Program (ACEP) in order to consolidate all easement programs to
increase flexibility for the administration. ACEP allows for
different lands to be enrolled into working grassland or
farmland aspect or the wetland easement portion to enhance
water quality and wildlife habitat.
Title III--Trade
Amends The Food for Peace Act to emphasize
building resiliency through development programs.
Reduces the maximum allowable cash assistance for
administrative costs in food aid from 13 percent to 11 percent.
Directs USDA and USAID to consult on improving
food aid quality and to work together to deploy new
formulations, and reauthorizes $1 million from the Food for
Peace Act for these purposes.
Updates reporting requirements and extends funding
for monitoring and enforcement of programs.
Amends The Food for Peace Act by reducing the
authorization for appropriations from $2.5 billion to $2
billion per year and sets a minimum level of development
programming at $400 million per year. Directs USDA and USAID to
collect information on the benefits of monetization in local
economies.
Amends The Food for Peace Act by increasing
funding for prepositioning from $10 million to $15 million per
year. Reauthorizes $8 million for shelf-stable, prepackaged
foods, and extends authorization for the micronutrient
fortification program.
Reauthorizes the Market Access Program to provide
assistance on a cost-share basis, targeting small businesses,
farmer cooperatives, and non-profit trade organizations.
Extends the Foreign Market Development, Emerging
Markets, and the GSM-102 programs through 2017.
Reauthorizes the John Ogonowski and Doug Bereuter
Farmer-to-Farmer program and increases the minimum level of
funding from $10 million to $15 million per year to provide
technical assistance for agricultural improvements in
developing countries.
Extends the Food for Progress Act through 2017 and
repeals an outdated provision related to a project in Malawi.
Extends Technical Assistance for Specialty Crops
(TASC) through 2017 and clarifies that technical barriers to
trade can be addressed through the program.
To assist in the conservation of genetic diversity
in food crops through the collection and storage of the
germplasm of food crops the Global Crop Diversity Trust is
extended through 2017 at a contribution level of $50 million.
Allows for the establishment of an Under Secretary
of Agriculture for Foreign Agricultural Services, appointed by
the President with the advice and consent of the Senate, to
address trade challenges and export opportunities for
agriculture.
Title IV--Nutrition
Saves $16 billion over 10 years from the
Supplemental Nutrition Assistance Program (SNAP).
Restricts program eligibility to those households
receiving cash assistance from other low-income programs.
Closes a loophole in SNAP related to the Low
Income Home Energy Assistance Program (LIHEAP) payments.
Eliminates state performance bonuses.
Cracks down on waste, fraud and abuse by ending
SNAP benefits for lottery winners, providing more
accountability in the SNAP Employment and Training program, and
increasing oversight of SNAP programs for the homeless,
elderly, and disabled.
Provides the Secretary with more resources to
prevent trafficking of SNAP benefits.
Requires states to use an immigration status
verification system to verify an applicant's immigration
status.
Improves the quality of SNAP-approved retail
stores.
Seeks to eliminate the advertisement and promotion
of SNAP.
Increases assistance for food banks by providing
an additional $25 million per year for The Emergency Food
Assistance Program (TEFAP).
Increases support for Community Food Projects and
designates funding for projects that provide incentives for
low-income individuals to purchase more fruits and vegetables.
Expands the Fresh Fruit and Vegetable Program to
allow participating elementary schools to purchase fresh,
frozen, canned and dried produce.
Establishes pilot programs for the purchase of
more locally grown foods for schools.
Title V--Credit
Amends Farm Ownership Loans by including ``other
legal entities'' to the list of eligible borrowers, and
provides clarification to Secretary for individuals meeting the
3-year farming or ranching experience requirement.
Amends Conservation Loan and Loan Guarantee
Program by raising Loan Guarantee amount from 75 to 90 percent.
Amends Maximum Loan Value for Down Payment Loan
Program from 45 percent of $500,000 to 45 percent of $667,000.
Repeals mineral rights appraisals requirement for
real estate loans.
Amends Personal Liability for Youth Loans, on a
case by case basis, to enable youth to obtain student loans and
grants for higher education.
Amends Emergency Loans by adding ``or other such
legal entities as the Secretary deems appropriate'' to the list
of approved borrowers.
Extends the Beginning Farmer and Rancher
Individual Development Accounts Pilot Program through 2017.
Amends Direct Farm Operating Loans to grant FSA
authority to provide young, beginning, veteran and urban
farmers and ranchers smaller microloans up to $35,000.
Amends Priority for Joint Financing Participation
Loans and Down Payment Loans within Direct Farm Ownership Loans
maximizing number of borrowers served for a given level of
appropriations.
Amends median farm size limitation by replacing
``median'' with ``average'' allowing more otherwise qualified
applicants to receive beginning farmer ownership loans.
Extends Secretary's ability to make loans under
each subtitle through 2017.
Extends Loan Fund Set-Asides through 2017.
Repeals ``rural residents'' requirement allowing
all youth the opportunity to receive a Youth Operating Loan.
Extends the State Agricultural Mediation Programs
through 2017, allowing agriculture and USDA-related disputes to
be resolved.
Amends Loans to Purchasers of Highly Fractionated
Land to meet the needs of Indian tribes and tribal members.
Title VI--Rural Development
Thirteen programs are eliminated and funding
levels are reduced by more than $1.5 billion over 5 years, a
50% reduction in authorizations. In addition, $100 million in
mandatory money is not reauthorized.
Requires the Secretary to track the success of
investments through grants and loans in order to improve rural
development programs. Also requires the Secretary to develop
simplified application forms to reduce administrative burdens
and to make programs more accessible to small, rural
communities.
Reauthorizes programs to assist rural communities
in addressing critical water and wastewater needs through loans
and grants for municipal and household wells. Provides
opportunities to enhance the public-private partnerships to
support Rural Water and Waste Disposal Infrastructure in rural
communities.
Reauthorizes the Business & Industry Loan
Guarantee Program with additional changes that allow for small
rural lenders to more easily participate in local communities
by improving existing credit structure through the guarantee of
quality loans that provide community benefits. Funding set
aside for locally and regionally produced food is capped at 7%
of the program.
Reauthorizes the Intermediary Relending Program
and the Rural Microentrepreneur Assistance Program in order to
assist small businesses to start or expand their operations.
Reauthorizes Value-Added Producer Grants with $50
million in mandatory funding. These grants benefit producers
and cooperatives that process agricultural commodities to
capture increased margins directly by the agricultural
producer.
Reauthorizes the Broadband Loan Program with
additional provisions to increase transparency and to ensure
investments focus on areas without broadband service. Emphasis
is placed on projects which serve both businesses and homes to
maximize the economic impact of entire rural areas.
Reauthorizes Community Facilities programs to
assist communities in developing essential health, safety, and
educational assets.
Reauthorizes the Delta and Great Plains Regional
Authorities, and the Rural Business Opportunities Grants
Program to assist communities and regions in the planning and
execution of economic development activities.
Amends the Rural Electrification Act to authorize
loans and grants to promote energy efficiency. Amends fees for
certain loan guarantees.
Title VII--Research, Extension, and Related Matters
Intramural research programs are reauthorized to
be carried out through the Agricultural Research Service,
Economic Research Service, National Agricultural Statistics
Service and the Forest Service.
Authority for extramural research grants and
formula funds programs administered by the National Institute
of Food and Agriculture are extended.
University research for agricultural activities
are reauthorized for 1862, 1890 and 1994 Land Grant Colleges
and Universities.
Competitive grants for Non-Land Grant Colleges of
Agriculture (NLGCA) institutions are reauthorized in order to
maintain and expand research and outreach in regards to
agriculture, renewable resources and production practices.
The National Agricultural Research, Extension,
Education and Economics Advisory Board is reauthorized while
enhancing the involvement of other agricultural industry
interest in the consultation of agricultural priorities.
Agriculture and Food Research Initiative continue
critical agriculture research by providing competitive grants
through integrated research and extension activities.
Enhances accountability, transparency and
consistency of USDA administered research, extension and
education funding by mandating that the annual Presidential
Budget Submission include sufficient information for the
Congress to thoroughly evaluate and approve future spending
plans. With regard to extramural competitive grant programs,
USDA will be barred from obligating appropriated funds unless a
comprehensive spending plan is submitted with the President's
budget and approved by Congress.
The Veterinary Services Grant Program is
authorized in order to address the shortage of veterinarians.
This requires an entity to develop programs to relieve
shortages, support private practices, and support those
practices that successfully complete a specific service
requirement.
The Specialty Crop Research Initiative, Organic
Research and Extension Initiative, Sustainable Agriculture
Research and Extension, and the Beginning Farmer and Rancher
Development Program are reauthorized.
Title VIII--Forestry
The forestry title promotes the health and active
management of America's national, state, and private forests.
Conservation programs such as the Forest Legacy
Program and the Community Open Space Program, and Healthy
Forest Reserve Programs are reauthorized.
Contains authority for the Forest Service to
accelerate its treatment of national forests affected by pine
bark beetle infestation and natural disasters. This authority
streamlines the approval process for the Forest Service in
selecting afflicted areas that need treatment within our
national forests.
To assist rural economies, the title reauthorizes
the Office of International Forestry, which is designed to help
facilitate the development of foreign markets for domestically
produced wood products and the Rural Revitalization
Technologies program in order to provide grants and technical
assistance to forested rural communities.
Promotes forest health by extending the Forest
Stewardship Contracting program for an additional four years,
allowing the Forest Service to engage in needed restoration
work on our national forests.
Title IX--Energy
Reauthorizes programs that promote the development
of advanced biofuels and renewable energy with discretionary
funding.
Creates a tiered application process for farmers
and rural businesses applying for smaller grants under the
Rural Energy for America Program (REAP).
Clarifies Congressional intent of REAP by
eliminating funding for ethanol blender pumps.
Prioritizes funding of the Biomass Crop Assistance
Program (BCAP) for the establishment of dedicated energy crops
by eliminating the collection, harvest, storage, and
transportation (CHST) payments.
Ensures certain domestic forest products with
mature markets are eligible under federal procurement
guidelines for renewable products under the Biobased Markets
Program.
Provides competitive grants to non-profit entities
to provide information and outreach on the benefits of
biodiesel fuel use.
Repeals programs that have outlived their
usefulness or have never been fully implemented.
Title X--Horticulture
Increases funding to $70,000,000 per year for the
Specialty Crop Block Grant Program, with funding provided for
multi-state projects.
Provides $20,000,000 per year for the Farmers
Market and Local Food Promotion Program to improve and expand
direct producer-to-consumer market opportunities including the
development of local food system infrastructure.
Combats pest and disease by consolidating two very
effective programs, the Plant Pest and Disease Management and
Disaster Prevention Program and the National Clean Plant
Network. Increases funding for this combined program to
$71,500,000 per year.
Provides funding for the Organic Production and
Market Data Initiatives Program and the National Organic
Program as well as enhances investigation and enforcement
tools.
Provides regulatory relief by eliminating a costly
and duplicative permitting requirement for pesticide
applications.
Imposes a temporary stay on the EPA from acting on
pesticide registrations based on Biological Opinions from the
Services not withstanding a peer review.
Reiterates the authority of the Secretary to
regulate products of biotechnology under the Plant Protection
Act.
Reauthorizes the registration process for
pesticide manufacturers.
Title XI--Crop Insurance
Requires the Farm Service Agency (FSA) to provide
an authorized agent or an approved insurance provider (AIP)
information that may assist in insuring the producer.
Requires Risk Management Agency (RMA) to publish
violations of the prohibition on rebates to serve as guidance
to AIPs, agents and producers.
Establishes a supplemental coverage option (SCO)
to provide producers the option of purchasing area coverage by
itself or in addition to individual coverage. Producers may
also purchase margin coverage and do so in addition to
individual and area coverage.
Continues reduced premiums on enterprise unit
policies.
Requires enterprise units to be made available by
practice.
Requires the use of data collected by the RMA,
National Agricultural Statistics Service (NASS), or both, to
determine yields. Where sufficient county data is not
available, authorizes the Secretary to use data from other
sources.
Adjusts the actual production history used to
determine insurable yields.
Requires the Federal Crop Insurance Corporation
(FCIC) to review policies developed under research and
development contracting authority, or pilot programs, and
submit to the FCIC Board for review policies that will likely
result in viable and marketable policies, provide crop
insurance in a significantly improved form, and adequately
protect the interests of producers.
Provides equitable relief on specialty crop
policies that were disproportionately adversely impacted by the
Standard Reinsurance Agreement (SRA) but clarifies that
Congress does not provide statutory assent to SRA provisions.
Requires the FCIC Board to ensure that SRA
renegotiations maintain budget neutrality to the maximum extent
practicable, and use any savings that may be realized for
specific crop insurance purposes.
Limits availability on crop insurance to protect
native sod.
Allows producers to elect different coverage
levels by practice.
Provides beginning farmers and ranchers with
additional premium assistance, enhanced T-yields, and the
ability to use previous producer's APH or an assigned yield.
Requires a stacked income protection plan to be
made available to upland cotton producers.
Requires a revenue crop insurance policy for
peanut producers to be made available.
Authorizes AIPs and agents to correct
unintentional errors to ensure accuracy of all insurance
information.
Requires the Secretary to maintain and upgrade
information management systems and to implement an acreage
report streamlining initiative.
Provides for research and development contracting
priorities. Makes specialty crops, sweet sorghum, biomass
sorghum, rice, peanuts and sugarcane a research and development
priority.
Amends the noninsured crop assistance program
(NAP) to allow for the purchase of additional NAP coverage with
respect to crops for which no coverage is available under
Federal Crop Insurance.
Title XII--Miscellaneous
Reauthorizes National Sheep Industry Improvement
Center.
Reauthorizes Trichinae Certification Program.
Reauthorizes National Aquatic Animal Health Plan.
Authorizes Report on Compliance with World Trade
Organization Decision Regarding Country of Origin Labeling.
Repeals Certain Regulations Under the Packers and
Stockyard Act, 1912.
Requires Meat and Poultry Processing Report on
Better Meeting the Needs of Small Meat and Poultry Growers.
Amends Outreach and Assistance for Socially
Disadvantaged Farmers and Ranchers and Veteran Farmers and
Ranchers.
Reauthorizes Office of Advocacy and Outreach.
Authorizes Grants to Improve Supply, Stability,
Safety, and Training of Agricultural Labor Force.
Requires Evaluation for Purposes of Prohibition on
Closure or Relocation of County Offices for the Farm Service
Agency.
Prohibits Attending an Animal Fight or Causing a
Minor to Attend and Animal Fight.
Reauthorizes Program Benefit Eligibility Status
for Participants in High Plains Water Study.
Requires an Office of Tribal Relations.
Authorizes Military Veterans Agricultural Liaison.
Authorizes Acer Access and Development Program.
Prohibits Interference by State and Local
Governments with Production or Manufacture of Items in Other
States.
Increases Protection for Agricultural Interests in
the Missouri River Basin.
Purpose and Need
The Federal Agriculture Reform and Risk Management Act
(FARRM) is the product of nearly three years of deliberations,
including 46 House hearings and audits, a joint deficit
reduction proposal developed between leaders of the House and
Senate Committees on Agriculture, and, ultimately, Committee
consideration and passage on an overwhelming and bipartisan
basis. As measured by the length of the Committee's
consideration and by the depth of its evaluation, having fully
examined the purpose and effectiveness of each and every
authority under the jurisdiction of the Committee, FARRM is the
product of extensive analysis and research.
Once enacted into law, the Congressional Budget Office
(CBO) estimates that FARRM will yield taxpayers more than $35
billion in deficit reduction. FARRM proposes to achieve these
substantial budget savings through significant reform. FARRM
repeals or consolidates more than 100 programs, saves $16
billion from SNAP by curbing abuse, eliminates Direct Payments
and reforms commodity policy at a savings of more than $14
billion, saves another $6 billion by consolidating 23
conservation programs into 12, and brings about long overdue
regulatory relief for farmers and ranchers. The Committee
believes that if all committees of Congress and all functions
of government underwent the review, reform, and reductions that
this Committee has imposed upon policies under its
jurisdiction, the United States would be well on its way to a
smaller government and a balanced budget.
Title I--Commodities
For its share, Title I sustains a 37.5 percent reduction.
These savings are accomplished through a complete reform of
U.S. farm policy, repealing all of current policy under Title I
relative to row crops, except for the marketing loan which is
maintained with an adjustment to the cotton loan in order to
address a World Trade Organization (WTO) dispute. In lieu of
current policy, producers are given a choice between two less
expensive risk management options under Title I as well as some
additional tools to manage risk that producers may purchase
under Federal Crop Insurance.
Upon FARRM's passage, Title I and Federal Crop Insurance
will have been cut by more than $30 billion over the past seven
years, contributing $24 billion to deficit reduction. This
reduction in funding stands in contrast to the rising costs of
other functions of the U.S. government. Additionally, foreign
subsidies and tariffs are trending sharply upward according to
two independent reports issued during the Committee's
development of FARRM, which serve as prescient reminders of
both the appropriateness of and need for U.S. farm policy.
The resilience and strength of the U.S. farm sector over
much of the past decade, its contribution to two economic
recoveries and millions of on and off-farm jobs, and its
positive contribution to the nation's balance of trade have
been acknowledged by both proponents and opponents of U.S. farm
policy, but for purposes of advancing very different
objectives. Relatively strong crop prices and production
experienced over the past ten years have been viewed by
opponents as obviating the need for much or even all of farm
policy, while proponents have pointed to the current policy's
evident success in creating a positive business environment at
low cost to the taxpayer--only a small fraction of 1 percent of
the federal budget. Ultimately, Mother Nature is weighing in on
the dispute, imposing a widespread and severe drought that
currently grips at least 29 states. This serves as a reminder
of the unique risks farmers and ranchers face that necessitate
effective U.S. farm policy.
Robust prices for at least some crops, in part brought on
by the drought, will undoubtedly serve as a straw man for those
who might still contend that the significant savings and
reforms achieved by FARRM are insufficient, that the deficit
and growing national debt demand even more. Those without the
benefit of history may find this argument compelling. However,
the nation's experience with the past three farm bills leads to
a different conclusion. While the 1996 farm bill was predicated
on forecasts of high prices that ultimately plunged, resulting
in billions of dollars in additional costs, the 2002 and 2008
farm bills were predicated on or at least designed to deal with
dramatic price declines that ultimately never materialized,
yielding substantially lower costs to taxpayers. Prudent policy
and honest budgeting, informed by these experiences, directed
the Committee to couple the fiscal successes of the previous
two farm bills with the market-orientation and regulatory
relief of the 1996 law in order to accomplish significant
savings and reform.
It is in the context of these overarching objectives that
the Committee took into consideration the substantive policy
priorities of all those impacted by a farm bill, including the
nation's farmers and ranchers. Relative to the farm safety net,
despite what seemed at times to be a cacophony of views,
several key themes constantly emerged.
The first and most widely shared theme is that Congress
should do no harm to Federal Crop Insurance. The cuts made in
the 2008 farm bill, the cuts made unilaterally by the
Administration just two years later in its renegotiation of the
Standard Reinsurance Agreement (SRA), and dramatic policy
changes elsewhere in the administration of crop insurance,
raised the alarm that 32 years of progress in making crop
insurance the cornerstone of U.S. farm policy it is today could
be jeopardized. One of the most significant challenges the
Committee faced was honoring producer priority to protect crop
insurance while also satisfying the wishes of some producers
who wanted a revenue-based program offered under Title I, goals
which are to some extent at cross purposes due to interaction.
The second and third themes--producer choice and price
protection respectively--are also widely held, though there are
earnest differences as to approach. From hearings held in all
regions of the country, it was evident that producers were
uncomfortable with Washington creating a one-size-fits-all
approach to Title I. It would be a mistake, however, to
interpret the concern on the part of these producers as being
interested in a choice simply for the sake of being allowed to
make one. Even among producer groups and producers who
expressed a common preference for revenue-based support under
the commodity title, differences were sufficient to produce two
alternate options that farmers could choose from under the
Senate farm bill.
However, it is price protection that is at the heart of
producers' interest in choice. For producers of some crops,
limited variances in yield from year to year greatly diminished
the value of a farm policy based on revenue because their peril
was not revenue but rather price. Although frequently
mischaracterized as a regional divide separating northern and
southern producers and crops, omission of a price-based
alternative to revenue-based programs would disenfranchise
producers of every crop from every region who contended that
the farm bill's primary purpose is to address long-term price
declines.
In regard to cotton policy, the Committee weighed the
options carefully in light of ongoing efforts to resolve the
WTO dispute with Brazil. As the report to the 2008 farm bill
chronicles, very substantial changes have been made to U.S.
cotton policy to address the WTO complaint, including in the
2006 budget reconciliation and the 2008 farm bill. These
reforms to U.S. cotton policy have occurred alongside major
changes in cotton prices, reductions in U.S. cotton acreage and
increases in Brazil cotton acreage, as well as increases in
Brazilian support for its producers since the time the Brazil
cotton case was initiated. The fundamental change in U.S.
cotton policy included in the House farm bill eliminates any
objectionable remnant of that policy.
In relation to rules of eligibility, as part of overall
reform efforts, the Committee reluctantly imposes a lower
adjusted gross income (AGI) means test that is uniform to all
income sources for the commodity programs in Title I and for
Title II conservation programs. AGI rules were sharply lowered
four years ago in the 2008 farm bill and changed again just
last year as part of the annual appropriations process.
However, the Committee does maintain reasonable payment
limitations and rules that allow producers to share the risks
of farming with family members and do so without confronting
new obstacles and added layers of bureaucratic red tape.
Finally, the Committee considered and rejected proposed
changes to U.S. sugar policy that would have reverted the
policy to 1985. U.S. sugar policy has operated at zero cost to
taxpayers and is projected to remain a zero cost policy into
the future. Under WTO and NAFTA commitments, the United States
is the biggest importer of sugar in the world and has a totally
open market with Mexico. However, heavily subsidized and
protected foreign sugar producing countries distort global
markets, alternately shorting world supplies and driving up
prices or glutting world supplies and depressing prices,
divorced from real market forces. U.S. sugar policy allows
highly efficient U.S. producers to remain competitive on a
lopsided global playing field while providing safe, low cost
sugar to consumers.
Supplemental Agricultural Disaster Assistance Programs
The Committee reported bill maintains existing disaster
assistance for livestock producers when their livestock die due
to severe weather, disease, or other acts of nature. It also
continues assistance for natural disasters that destroy forage
used for grazing, honey bees, farm fish, orchard trees, and
nursery trees. The Livestock Indemnity Program, the Livestock
Forage Disaster Program, Emergency Assistance for Livestock,
Honey Bees, and Farm-Raised, and the Tree Assistance Program
are established and proven programs in the livestock and the
orchard & nursery tree sectors.
Rapidly rising input costs, volatile export markets,
natural disasters, and other unpredictable factors present
production risks to animal agriculture. The emerging drought in
the summer of 2012 is an example of an unpredictable event with
the potential to upset business models and adversely affect
producers and consumers. Many crops have access to insurance
products that help them manage this production risk. The
Committee applauds the efforts of the animal agriculture
community to explore such products as evidenced by a number of
reports called for in this legislation, including swine
catastrophic disease loss, poultry business interruption, and
poultry catastrophic disease loss insurance.
Unless and until additional insurance products can be
developed and adopted by the livestock sector, these programs
will be a vital tool to help manage production risks and
protect animal agriculture, and ultimately consumers, from the
consequences of natural disasters.
In the case of orchardists and nursery tree growers who
produce trees, bushes and vines for commercial purposes, the
Tree Assistance Program helps them replant trees, bushes and
vines destroyed by natural disasters.
Dairy Margin Protection Program
The failure of existing dairy programs to address the
challenges faced by dairy farmers in recent years led the
Committee to reconsider the best means for managing price
volatility and producer risk in the dairy sector.
Current dairy programs focus on price support. While milk
prices were mostly stable when these supports were first
enacted, annual fluctuations in farm milk prices are now
routine, with milk prices regularly moving between lows and
record or near-record highs over the past decade. In 2009, the
dairy industry suffered dramatic losses, as dairy prices fell
sharply from record highs in 2007-2008 at a time when feed
costs were rising substantially above long-run averages.
While milk price is an important factor for the financial
success of dairy producers, another significant factor is the
cost of dairy feed, which accounts for about three-quarters of
a dairy farm's operating costs or about one-half of total
costs.
In light of these considerations, focus has shifted to a
safety net that is centered on a ``milk margin.'' The margin is
the amount available to pay all other costs once the feed bill
is paid and can be calculated by subtracting a national feed
cost from the national farm milk price.
The dairy margin protection program is designed to address
both catastrophic conditions, which can result in the severe
loss of equity for dairy farmers, such as those witnessed in
2009, as well as long periods of low margins, such as those
experienced in 2002.
For producers who elect to participate, basic catastrophic
coverage will be provided at no cost. According to testimony
from Food and Agricultural Policy Research Institute (FAPRI) to
the House Agriculture Committee's Subcommittee on Livestock,
Dairy, and Poultry, ``Although base program coverage comes at
no cost to producers, the probability of receiving a large
payment from the base program is small.''
Participating producers who exercise their option to buy
supplemental margin protection coverage will be able to access
a specific level and amount of risk management protection that
is tailored to their farms' risk management needs. By offering
a lower premium on supplemental coverage for the first 4
million pounds of production, the Committee has incentivized
producers of all sizes to utilize this risk management tool on
at least a portion of their production.
Dairy Market Stabilization Program
Voluntary participation in the margin protection program
requires producers to be subject to the dairy market
stabilization program. According to testimony from the National
Milk Producers Federation to the House Agriculture Committee's
Subcommittee on Livestock, Dairy, and Poultry, ``The purpose of
the program is to make what occurs naturally in the marketplace
occur sooner and faster and reducing price volatility. . . . It
also reduces that cost of the margin program resulting in
savings compared to current dairy programs. . . . The simple
fact of the matter is that dairy farmers and the cooperatives
they own bear the burden of balancing the supply of milk with
processor demand for that milk.''
In order to address the concern about the effect a supply
management program may have on the U.S. dairy industry growing
export potential, the program incorporates a series of
qualifiers that would prevent any reduction in domestic supply
of milk if the U.S. and world prices misaligned.
According to testimony from FAPRI to the House Agriculture
Committee's Subcommittee on Livestock, Dairy, and Poultry, when
the stabilization program operates, it lasts a very short
period of time because of the world price triggers. FAPRI's
analysis used a stochastic model to draw 500 alternatives for
the conditioning variables in determining the dairy baseline,
which incorporate historical distributions of the conditioning
factors to make certain any historical correlation in these
conditioning factors is included. None of the 500 potential
outcomes show long-term multi-year operation of the program.
Repeal of Dairy Product Price Support Program
The Dairy Product Price Support Program was created in 1949
as a means to help provide government support for farm-level
milk prices through government purchases of dairy products.
During most of its lifespan, the program targeted a set milk
price, and later established pricing targets for federal
purchases of key products, such as cheese, butter, and nonfat
milk powder, that would help support that milk price. In the
2008 Farm Bill, the program was altered to support specific
product price levels.
Many in the dairy industry have advocated for the repeal of
this program for several reasons. First, it supports dairy
farmers all around the world, including America's competitors.
The current program helps balance world supplies by encouraging
the periodic global surplus of milk products to be purchased by
U.S. taxpayers. As a result, dairy farmers in other countries,
particularly the Oceania region, enjoy as much price protection
from the program as our own U.S. farmers.
Secondly, the program has reduced total demand for U.S.
dairy products by diverting some of the U.S. milk products into
government warehouses, rather than to commercial buyers. It
creates a dynamic where it is more difficult for the U.S. to be
a consistent supplier of many products, since sometimes the
domestic industry has products to export, and at other times,
it is easier for the domestic industry to just sell its product
to the government.
Thirdly, the program disincentivizes product innovation by
creating a government market for products that the marketplace
doesn't want. For example, because the government purchases
nonfat dry milk, too much of this is produced instead of
protein-standardized skim milk powder, as well as specialty
milk proteins, such as milk protein concentrates, which are in
demand both domestically and internationally.
Also, USDA only buys products of certain size and packaging
specifications. Once purchased, nonfat dry milk powder
returning back to the market from government storage also
presents challenges, dampening the recovery of prices.
Finally, the program seeks to achieve price levels that are
no longer relevant to farmers, as the price support levels have
been considerably less than the cost of production for many
years. As demonstrated by the dairy crisis of 2009, this
program was not an effective safety net.
Repeal of Milk Income Loss Contract Program
The Milk Income Loss Contract (MILC) program is a price-
based safety net, which is ineffective for today's dairy
producers.
Since the inception of MILC, large dairy farm operators
have expressed concern that the payment limit has negatively
affected their income. For larger farm operations, their annual
production is well above the limit, and any in excess of that
receives no risk protection. Limiting the level of protection
to a maximum of 2.985 million pounds of milk a year provides a
safety net for less than 30 percent of the total milk produced
in the U.S.
Despite the feed cost adjustor that was added in the 2008
farm bill, MILC does not adequately offset high feed costs. If
milk prices are at average levels and feed costs are high,
farmers can suffer substantial losses and still not receive any
assistance from MILC. The feed cost adjustment program does not
go into effect until the standard feed ration reaches $147 per
ton, and it also only covers about 30 percent of the feed price
increase above this level.
The inadequacy of MILC as a safety net was most evident
through most of 2008, when high feed costs overwhelmed average
milk prices and put most farmers into a deep hole without the
help of any MILC payments.
Repeal of Dairy Export Incentive Program
The Dairy Export Incentive Program (DEIP) has generally
been used in concert with the dairy price support program. As
such, it has only been made available in a very limited way
after the price support program has begun purchasing and
storing dairy products.
Instead of expanding world markets for U.S. dairy products
which requires a long-term commitment to serving those markets,
the U.S. government has only used DEIP either in response to
heavy European subsidization of dairy exports or as an
alternative to storing products under the price support
program. The program generates a baseline cost without
providing any consistent, meaningful return to the U.S. dairy
sector.
Extension of Dairy Forward Pricing Program
The ability for producers and processors to manage price
risk is limited under the Federal Milk Marketing Order system.
By extending the dairy forward pricing program, producers and
processors will be able to continue to make use of forward
contracting to manage price risk, without the practice being
found a violation of the requirements of marketing orders. The
program is strictly voluntary and will only apply to Classes
II, III and IV milk.
Extension of Dairy Indemnity Program
The Dairy Indemnity Program provides payments to dairy
producers who have been directed by a public regulatory agency
to remove their milk from the commercial market because it has
been contaminated by pesticides, toxic substances, and/or
chemical residues. Because such events can be devastating to
the financial well-being of producers through no fault of their
own, the Committee proposes to extend the program's
authorization through FY 2017.
Extension of Dairy Promotion and Research Program
The Dairy Production Stabilization Act of 1983 authorized a
national producer program for dairy product promotion,
research, and education to increase human consumption of milk
and dairy products and reduce milk surpluses. Under the
program, promotion and research is conducted to strengthen the
dairy industry's position in the marketplace and to maintain
and expand domestic and foreign markets and uses for fluid milk
products and dairy products produced in the United States.
Federal Milk Marketing Order Review
The 2008 farm bill revised the federal milk marketing order
amendment procedures in order to streamline and expedite the
amendment process. As there continues to be interest in
marketing order reform, stakeholders are encouraged to make use
of this administrative process, which allows for petition of
the Secretary at any time and a hearing process whereby
producers and processors can provide input. The House
Agriculture Committee continues to provide oversight of this
process and refrain from any legislative changes to the order
system until stakeholders have exhausted their administrative
remedies.
Title II--Conservation
The conservation title authorizes cost-share and technical
assistance for farmers, ranchers, foresters, and landowners
through voluntary, incentive-based conservation programs.
Through these programs, producers protect and restore water
quality and quantity, air quality, wildlife habitat and address
regulatory requirements while providing a safe, abundant, and
affordable food supply. The conservation programs have grown in
size and significance in recent farm bills.
The Food Security Act of 1985 authorized several
conservation measures intended to address concerns about the
impact of agricultural production on soil erosion and wetland
loss. The 1996 Farm Bill took the groundbreaking step of
consolidating previously discretionary funded programs into one
new program funded with mandatory money from the Commodity
Credit Corporation (CCC). The program created, the
Environmental Quality Incentives Program (EQIP), is one of the
most successful and popular programs among farmers and
ranchers.
During consideration of the Farm Security and Rural
Investment Act of 2002, budget circumstances allowed for the
expansion of conservation programs with the addition of $17.5
billion to the conservation baseline for the life of the 2002
Bill and the out-year baseline as well. The Conservation
Security Program was created.
Despite budget pressures, the Food, Conservation, and
Energy Act of 2008 increased conservation spending by nearly
$4.5 billion during the life of the bill and created new
targeted conservation programs such as the Chesapeake Bay
Program, the Cooperative Conservation Partnership Initiative
(CCPI), and the Conservation Stewardship Program (CSP).
However, the Wetland Reserve Program (WRP), the Grassland
Reserve Program (GRP), the Small Watershed Rehabilitation
Program, and the Voluntary Public Access and Habitat Incentive
Program remained without adequate baselines given the demand
and interest in these programs.
The Committee recognizes that these programs serve as a
foundation for improved conservation efforts. The Committee's
priority to assist farmers and ranchers in addressing
environmental regulations and conservation needs has not
changed. The Committee reported bill maintains the core
functions and goals of the conservation title while eliminating
or combining 23 duplicative and overlapping programs into 13
programs to allow for streamlined delivery, while also
providing $6.1 billion in savings below baseline funding.
Conservation Reserve Program (CRP)
The Committee strongly supports the Conservation Reserve
Program as one of the main pillars of cost-effective
conservation available to farmers and ranchers. However,
through the hearing process, the Committee recognized that
market pressures are moving land into production. Maximum
enrollment of CRP is incrementally stepped down to 25 million
acres allowing enrollment to focus on the most environmentally
sensitive lands. Additionally, the Committee reported bill
further addresses this issue by directing the Secretary to
conduct a onetime early out of land that is not considered
environmentally sensitive.
The reported bill directs the Secretary to reserve two
million acres under CRP for working grassland contracts to
capture land that was previously eligible under GRP. The
reported bill further directs USDA to provide landowners with
added flexibility to better manage their enrolled acres with
managed activities such as haying and grazing or in the cases
of drought or other emergencies.
To ensure that environmental benefits are maintained, the
reported bill gives expiring CRP acres priority consideration
for working grassland contracts, and the Conservation
Stewardship Program, as well as the ability to enter into
contracts under working land programs before the CRP contract
expires. Beginning farmers or ranchers will continue to be
eligible for greater access to productive land with the
continuation of the Transition Incentives Program (TIP).
The Committee is concerned that USDA has not been fully
utilizing CRP technical assistance authorities and funding
enacted by the 2008 Farm Bill for agency infrastructure,
including outreach, training, and other technical services. The
Committee expects USDA to better utilize this authority for
internal support and to support outreach and partnership with
non-governmental organizations and other qualified entities to
ensure that producers and landowners are fully aware of their
options under the program.
The Committee directs the Secretary of Agriculture to,
within one year of enactment, report to Congress on the quality
of land currently enrolled in CRP based on the land capability
classification system, the erodibility index, other eligible
lands criteria, and natural resource benefits. The report
should include justification for using the prescribed
environmental benefits index threshold for any acres enrolled
into the program after enactment. The Secretary shall complete
such a report five years thereafter and include the same
information on land quality and decisions to enroll types of
acres based on the environmental benefits index. If the
decision is made to use a different environmental benefits
index threshold or methodology for making decisions to enroll
program contracts, reasons for the decision should be included
in the report.
Additionally the Committee directs the Secretary of
Agriculture, within two years of enactment, to complete a
comprehensive economic impact study that specifically evaluates
the impact the CRP has had on rural communities. The report
should include the average county rental rates and rental rates
paid for CRP land.
While the Committee agreed to an overall reduction in the
maximum acres that could be enrolled in CRP, this should not
serve as an indicator of declining or reduced support for CRP.
The Committee intends for CRP to be implemented at authorized
levels, and for the program to continue as one of USDA's key
conservation programs. Because there are widespread concerns
that CRP rental rates are below prevailing local market levels,
USDA shall update rental rates annually and use incentive
payments for continuous CRP practices to make the program
competitive with other programs and more economically viable
for producers.
Conservation Stewardship Program (CSP)
The Conservation Stewardship Program encourages producers
to adopt new conservation measures while maintaining current
practices to protect natural resources. The Committee
encourages the Secretary to place emphasis on adopting new
practices; with new contracts addressing at least one
additional priority resource concern and renewing contracts
that address at least two priority resource concerns.
The Committee intends for the supplemental payment to
encourage producers to adopt new, additional beneficial crop
rotations that provide significant conservation benefits. The
payments are to be available to producers across the country
and should not be limited to a particular crop, cropping
system, or region of the country. In the Southeast, peanuts are
an example of a crop that responds well to increased rotation
lengths, which help peanut producers, conserve water, more
effectively control disease, and reduce inputs to control
disease and increase productivity. Alfalfa is another important
rotation crop in many parts of the country and plays a role in
adding value to a producers' operation as well as providing
natural resource benefits. The Committee recognizes sorghum's
very significant contributions to resource conservation as a
water-conserving crop and expects the Secretary to include
sorghum in any supplemental payments for resource conserving
crop rotations made available under the CSP, in addition to
maximizing sorghum's role in achieving the purposes of the
Regional Conservation Partnership Program and the Environmental
Quality Incentives Program.
The Committee believes conservation programs as implemented
by USDA should recognize the use of innovative technology such
as enhanced efficiency fertilizers. Enhanced efficiency
fertilizers, which reduce nitrate losses to the environment,
help protect water quality, and reduce greenhouse gas
emissions, include slow- and controlled-release fertilizers
(absorbed, coated, occluded or reacted) and stabilized nitrogen
fertilizers (nitrification inhibitors and nitrogen stabilizers)
and are recognized by NRCS' 590 National Nutrient Standard and
by State regulators of fertilizers.
Environmental Quality Incentives Program (EQIP)
The Environmental Quality Incentives Program provides cost
share incentives to producers to meet or avoid the need for
national, state, or local regulation. Under the Committee
reported bill, EQIP will provide additional incentives for
wildlife by consolidating the functions of the Wildlife Habitat
Incentives Program (WHIP) and requiring 5% of the program
funding to go towards wildlife habitat incentives.
The Committee addresses the concerns heard in hearings and
field hearings regarding beginning farmers by maintaining set-
asides for beginning farmers or ranchers and socially
disadvantaged producers while including a priority for veteran
farmers. Producers under these set-asides would also be
eligible to have up to 50% of upfront project costs covered in
advance.
The Committee recognizes the broad responsibilities of the
EQIP program and the great work that it does in promoting
environmental stewardship among livestock and poultry farmers
around the country and maintains that 60% of allocation go
towards these producers. Within six months of enactment, the
Committee requests from USDA a report on funds spent over the
duration of the last Farm Bill and on whether NRCS has met its
statutory obligations. Additionally, the Committee encourages
NRCS to evaluate its education program and make sure that it is
providing all potential users within each state an opportunity
to become educated about the EQIP program and how each farmer
can incorporate EQIP into their farm stewardship management
plans. The Committee also requests a comprehensive breakdown of
practices used and how each state spent its allocated funds to
also be included in the report.
The program maintains the Conservation Innovation Grant
(CIG) subprogram to promote new and innovative conservation
practices. The reported bill directs the secretary to report to
the Committee every two years on project funding and results of
projects authorized under CIG. The Committee intends for
increased transparency over innovative conservation projects
and monitoring that these innovative conservation practices are
later incorporated into common conservation practices.
The Committee reported bill does not reauthorize the Air
Quality Initiative; however, the Committee intends for EQIP to
continue to provide financial assistance to producers operating
in nonattainment areas to make air quality improvements,
including reducing emissions from mobile or stationary sources,
to help them comply with Federal air quality standards and
associated requirements or regulations.
Agriculture Conservation Easement Program (ACEP)
The Committee reported bill addresses duplication and
funding issues identified with FRPP, WRP, and GRP by
consolidating their functions into one easement program for
streamlined and flexible administration. ACEP consolidates all
easement programs into one umbrella program with two legs: (1)
Agriculture Land Easements (ALE) to protect grasslands or
farmland from non-agriculture development and (2) Wetlands
Easements to restore, maintain, and protect wetlands.
The reported bill establishes that the federal match of ALE
will not exceed 50% of the eligible land's fair market value.
However, the Committee recognizes that historically the
purchase of grasslands easements have occurred with a higher
federal match. The reported bill gives the Secretary the
authority to pay up to 75% of the fair market value to address
the purchase of grassland easements.
The Committee directs the Secretary, at a national level,
to reserve 40% of allocations for agriculture land easements
until 2016 and 50% in 2017. The Committee intends that states
will have the flexibility to allocate funding as appropriate to
address the eligible lands in their region.
Regional Conservation Partnership Program (RCPP)
The Committee understands that a targeted approach to
conservation practices can achieve a greater conservation
benefit. The Committee is also cognizant of specific regions of
the country that are under significant regulatory pressure or
have serious concerns regarding specific natural resources. The
Committee reported bill creates the Regional Conservation
Partnership Program by consolidating four programs into one
targeted initiative that leverages USDA funding and resources
by partnering with private organizations to address natural
resource concerns.
The Committee eliminates the Agricultural Water Enhancement
(AWEP) Program, the Chesapeake Bay Watershed Program, the
Cooperative Conservation Partnership Initiatives (CCPI)
Program, and the Great Lakes Basin Program. However, the
functions of each of these programs are still necessary and the
Committee intends for the Secretary to capture their functions
in the implementation of the RCPP. Eligible conservation
practices implemented currently through these programs should
be continued under the new consolidated program.
Targeted conservation initiatives will be developed on the
local level and selected by USDA through a competitive, merit
based application process. All resource concerns should hold
equal weighting. The Committee encourages the Secretary to
distribute funding equitably across the nation and to not
ignore different natural resource concerns that may be unique
to each region.
The Committee strongly encourages the Secretary to only
choose partners who have a successful history of working with
agriculture producers.
Additionally, USDA may designate Critical Conservation
Areas to target conservation programs in regions under
significant regulatory pressure. The Committee reported bill
has set allocation levels for the state and national levels in
addition to the Critical Conservation areas to help address
priorities.
Funding and Administration
Section 2607 of the Committee reported bill combines
language on improved administrative efficiency and streamlining
from individual programs and places it here to apply to all
conservation programs. It expands and clarifies requirements
for developing a streamlined conservation application process.
It clarifies that any payment received under this title is in
addition to and does not affect total payments that an owner or
operator is otherwise eligible to receive. The Committee
encourages the Secretary to significantly increase the use of
computer-based conservation practice planning tools that
incorporate Light Detection and Ranging elevation data to
modernize and simplify conservation planning, improve
efficiency of technical assistance, and improve service to
private landowners.
Title III--Trade
Humanitarian assistance and agricultural development programs
The United States provides nearly half of all food aid
provided around the world through emergency humanitarian
responses and non-emergency, agricultural development programs.
The Committee reported bill modifies the general authorities in
Title II of the Food for Peace Act to place a greater emphasis
on projects which focus on building resiliency in the recipient
population where food shortfalls and droughts are common.
The Committee reported bill adjusts the maximum allowable
level of cash assistance for administrative and programmatic
costs in Title II of the Food for Peace Act to ensure that
scarce cash resources are made available only for costs and
expenses which cannot be readily funded through the
monetization process in the first period of a new project. The
Committee expects USAID to closely evaluate its guidance and
approval process to ensure that direct and indirect program
costs are clearly defined and to ensure that administrative
costs in the programs are minimized.
In May 2011 the Government Accountability Office (GAO)
completed a report which cites deficiencies in the nutrition
and quality controls of U.S. food aid commodities. Included in
this report are recommendations that USAID review food aid
packaging, track food aid quality throughout the supply chain,
and ensure that available food aid commodities meet the
nutritional needs of recipients. The Committee notes that USAID
has sufficient and specific authority to address the
recommendations made by GAO, and expects USAID to build strong
public-private partnerships with food manufacturers and other
stakeholders to more quickly address the deficiencies
highlighted in the May 2011 report using currently available
studies on food aid quality and nutrition. The Committee
reported bill reauthorizes funding at a lower level for these
activities to encourage USAID to focus on deploying food aid
products already developed under this authority.
The Committee reported bill directs USDA and USAID to
establish a formal mechanism by which new products will be
approved through both agencies in a timely manner. In the view
of the Committee, USDA and USAID are not coordinating
sufficiently and should quickly modify the interagency process
to ensure new food aid commodities are made available to
appropriately target recipient populations. In support of
efforts to provide appropriate commodities to vulnerable
populations, authority is extended for shelf-stable,
prepackaged foods and micronutrient fortification of food aid
commodities.
The Committee notes that while USAID places significant
burdens for success of programs upon implementing partners and
other stakeholders, feedback from these groups through the Food
Aid Consultative Group (FACG) is not adequately incorporated
into program guidelines. The Committee reported bill instructs
USAID to give sufficient notice of changes to the FACG before
new guidance is finalized, and requires new guidance to be
promulgated in a timely manner after any changes to the Food
for Peace Act.
Authority is extended for the Famine Early Warning System
Network to provide advance information to more quickly and
effectively respond to an emerging crisis. However, the
Committee is disappointed in efforts by USAID to complete
implementation of new information technology systems authorized
in previous legislation. No additional funding is provided for
new information technology systems, and the Committee fully
expects USAID to complete development and management of those
systems without additional Food for Peace resources.
Funding is continued for additional monitoring and
evaluation of programs at a level which reflects resources
available for Food for Peace programs. The Committee reported
bill also requires that USAID report on the monitoring and
evaluation activities actually conducted. In 2009 GAO concluded
that monitoring of programs was inconsistent and that program
management was not modified to reflect information gained from
the monitoring and evaluation conducted by or for USAID.
Through provisions in the Committee reported bill, the
Committee expects USAID to make significant improvements in
program guidance based on the monitoring and evaluation
conducted.
In June 2011 GAO reported on inefficiencies and adverse
impacts of monetization. The Committee agrees that both USDA
and USAID should have consistent policies governing both
agencies monetization activities. The Committee reported bill
requires that USAID consider the benefits of monetization when
considering a proposal under Food for Peace. The Committee
notes existing requirements for USDA and USAID to approve only
those sales which will not disrupt the usual marketing and
processing of commodities in the recipient country, and
clarifies that commodities should be sold at a fair market
value.
Recognizing the necessity of responding quickly to
humanitarian emergencies, authority is increased for the
prepositioning of food aid commodities which allows USAID to
increase the number of prepositioning sites, as appropriate.
The Committee reported bill reduces the authorized level of
funding for the Food for Peace Act while extending sufficient
authority to provide funding above the ten-year average
appropriation. The Committee recognizes the importance of non-
emergency agricultural development programs to create resilient
communities in vulnerable populations, and extends minimum
levels of funding to support development activities.
The Committee is disappointed that the report on local and
regional purchase of food aid commodities, which was required
under previous legislation, was not made available to the
Committee prior to consideration of the bill as introduced. The
report was expected to quantify the challenges associated with
relying on purchases of foreign commodities to address acute
humanitarian needs. The Committee also recognizes that more
than $300 million in local purchases of commodities is
routinely carried out under authorities contained in other
legislation.
The Committee reported bill increases authority for the
John Ogonowski and Doug Bereuter Farmer-to-Farmer Program
contained in the Food for Peace Act to extend the program which
mobilizes U.S. volunteers from the agricultural industry,
universities, and non-profit organizations to assist their
counterparts in developing and emerging economies.
Trade Programs
The U.S. agricultural industry is highly dependent on
exports, with nearly a third of all cash receipts generated
from international markets. The Committee reported bill ensures
that U.S. producers are able to capitalize on these
opportunities by making strategic investments in programs
designed to address foreign barriers to U.S. exports. Increased
margins for U.S. farm output translates to greater capital
flows back to rural America, supporting farms and their rural
communities.
The Market Access Program is reauthorized to provide
assistance on a cost-share basis, targeting small businesses,
famer cooperatives, and non-profit trade organizations. Private
contributions are estimated at 60 percent of total annual
spending on trade promotion and market development, further
increasing the effectiveness of promotional activities.
Additional programs which are reauthorized include the
Foreign Market Development Program which gives preference to
trade groups which represent an entire industry, Technical
Assistance for Specialty Crops to address non-tariff trade
barriers for specialty crop exports, and the Emerging Markets
Program to promote generic U.S. exports in emerging economies.
The Committee reported bill also reauthorizes the GSM -102
program while preserving USDA's authority to manage usage of
the program to meet certain administrative goals, including the
ability to adjust tenor and fees associated with guarantees
made available under the program.
The Committee recognizes that exports are vitally important
to the U.S. economy. Given the need to spur economic growth and
job creation the Committee reported bill amends the Department
of Agriculture Reorganization Act of 1994 to provide for the
establishment of an Under Secretary of Agriculture for Foreign
Agricultural Services. The agricultural sector has been and
continues to be a major contributor to the nation's overall
level of exports and is one of only a few sectors of the
economy that traditionally has had a positive net trade
balance. However, U.S. agricultural exports face increased
barriers overseas.
The Committee reported bill meets the need to address
tariff and non-tariff trade barriers for U.S. agricultural
exports by providing a full time, singular focus on trade and
foreign agricultural programs. The Committee expects this new
focus to allow more effective coordination and to provide a
single point of contact for resolving internal and external
trade and foreign agricultural affairs issues through a high
level of representation for agricultural trade issues within
the Executive Branch and with Congress, stakeholders, foreign
governments and international bodies. The Committee does not
intend for this provision to create the need for additional
personnel or appropriations for USDA.
Title IV--Nutrition
Supplemental Nutrition Assistance Program (SNAP)
The Supplemental Nutrition Assistance Program (SNAP),
formerly known as the food stamp program, has seen
unprecedented growth over the past ten years and today accounts
for almost 80 percent of the Committee's mandatory spending.
Consequently, the Committee agreed to make reforms in SNAP that
resulted in a reduction of $16 billion over ten years, which is
a two percent reduction to the program.
The Committee views these changes as part of its ongoing
responsibility to ensure that SNAP is of the highest integrity.
The provisions passed by the Committee will close program
loopholes; reduce waste, fraud and abuse; and ensure that the
program continues to serve those who are in need of food
assistance according to the rule of law. It is the Committee's
clear intent that families who lawfully qualify for assistance
under SNAP law are not prevented from receiving their benefits.
The changes made to SNAP in the 2008 farm bill remain fully
intact and will continue to benefit SNAP participants.
The Committee agrees that SNAP provides important support
for many Americans and these reported provisions further
protect the program. In order to ensure the integrity of this
program, the Committee will continue to refine SNAP to better
target valuable benefits to serve those in need, while making a
reasonable reduction in the deficit.
Making Common Sense Reforms and Closing Program Loopholes
The FARRM Act makes common sense reforms to SNAP
eligibility. Since passage of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, states have had
the option of using ``categorical eligibility,'' or automatic
eligibility, to streamline SNAP administration for those
receiving benefits from other low-income assistance programs.
These other programs are Temporary Assistance for Needy
Families (TANF), Supplemental Security Income (SSI), or other
state general assistance programs. TANF assistance can be in
the form of cash or non-cash benefits (i.e. informational
brochures, or access to an informational 800-number). When
states implement ``broad-based'' categorical eligibility, they
may permit households to use the asset and gross income test of
the alternate assistance program. As of May 2012, 43
jurisdictions (40 States, the District of Columbia, Guam, and
the U.S. Virgin Islands) have implemented broad-based
categorical eligibility. These jurisdictions generally make all
households with incomes below a state-determined income
threshold eligible for SNAP.
The bill would restrict categorical eligibility to only
those households receiving cash assistance from SSI, TANF, or a
state-run general assistance program, saving taxpayers $11.5
billion over ten years. This would disqualify those merely
receiving a TANF-funded brochure, a referral to an ``800''
number telephone hotline, as well as other non-cash assistance.
It is estimated that 3.9 percent of the 46.2 million people
currently enrolled in SNAP would be affected by this provision.
Those who no longer have categorical eligibility status under
the amended provision would have the opportunity to be reviewed
for SNAP eligibility independent of their status as a TANF
beneficiary. And those who receive cash assistance from SSI,
TANF, or a state-run general assistance program will still be
categorically eligible for SNAP.
Next, the FARRM Act closes a loophole in SNAP regarding how
Low Income Home Energy Assistance Program (LIHEAP) payments
interact with SNAP benefit calculation. Current law allows low-
income households receiving any amount of LIHEAP assistance,
even a nominal payment, to automatically qualify for the SNAP
Standard Utility Allowance (SUA). In the last several years,
recipients in approximately 16 states and the District of
Columbia have qualified for the SNAP SUA under this provision.
Under current law, if a participant received $1 in LIHEAP,
they can automatically deduct the SUA from their income.
Therefore, their net income was reduced, and they subsequently
received a higher amount in SNAP benefits. Under the
Committee's reported bill, a household must receive a minimum
LIHEAP payment of $10 per year to qualify for the SUA
deduction, thus saving the taxpayers $4.5 billion over ten
years. The revised provision will not affect any household
receiving traditional LIHEAP assistance or any household that
can demonstrate an out-of-pocket utility cost.
The Committee also eliminated state performance bonuses,
saving $480 million over ten years. States are responsible for
administering the SNAP program and are legally bound to process
applications in a timely manner, ensure households receive the
accurate amount of SNAP benefits, and make certain the program
is administered in the most effective and efficient manner. In
this economic climate the Committee believes it is very
difficult to justify awarding states bonuses for practices that
should be the daily operating procedure.
Cracking Down on Waste, Fraud and Abuse
The FARRM Act makes significant strides to crack down on
waste, fraud and abuse within SNAP. The Committee was concerned
by press reports of two lottery winners, both receiving more
than $1 million in winnings, who were also found to have been
receiving SNAP assistance. The bill includes a provision that
would put an end to millionaire lottery winners receiving SNAP,
and will prevent them from receiving any benefits if they do
not meet SNAP eligibility requirements. The Committee is aware
that the Secretary must define the terms ``substantial lottery
or gambling winnings'' in order to carry out this provision.
The Committee intends for the Secretary to establish a
reasonable threshold for such winnings that balances the need
to maintain strong program integrity, the ability of states to
administer the provision, and the burden on SNAP households.
Furthermore, the legislation requires that state SNAP
Employment and Training (E&T) programs be limited to assisting
only those college students enrolled in specific career and
technical education courses or basic adult education, remedial,
and literacy courses. The Committee was alarmed to learn that
some states were taking great liberty in administering their
SNAP E&T programs; therefore, the Committee took steps to
ensure only those college students meeting the specified
criteria could be served by a state's SNAP E&T program. To
further improve the accountability of the SNAP E&T program, the
bill requires states to report on how their programs are
assisting SNAP participants in gaining skills, training, and
work, or experience that leads to employment.
The legislation also reduces fraud at retail stores by
requiring a more rigorous standard for stores to become
eligible to process SNAP benefits. Retailers will be required
to stock more foods like fruits and vegetables, with the
Committee's expectation that retailers can meet this
requirement by providing products that are fresh, frozen or
canned. Retailers will be required to pay 100 percent of the
costs for acquiring and implementing EBT point-of-sale
equipment. By including this provision, the Committee is
targeting fraud within the program, and does not intend for
credit card companies, banks, or others to impose any
additional fees in regard to the acceptance of SNAP EBT
benefits. The bill terminates the use of manual vouchers except
in such circumstances as a disaster or EBT system failure.
Manual vouchers can serve as a quick-response in emergency
situations, and the Committee expects vouchers to be used in
the event of a disaster when power is unavailable for an
extended period of time.
The legislation bans stores from participating in SNAP if
they have significant sales of prohibited items like alcohol
and tobacco. The Committee is aware that some stores are
concerned about remaining eligible for the program under this
change; however, the Committee provides the Secretary with
discretion to exempt stores from this provision if the store is
deemed necessary to serve SNAP recipients. The Committee
expects the Secretary to ensure participants have a choice of
stores and that there are sufficient options in underserved
areas.
Additionally, the Committee expects the Secretary to work
with retailers and relevant stakeholders in developing
regulations to implement a unique terminal identification
system. Credit card associations are considering implementation
of this practice across the entire retail industry in the near
future, and it is imperative that the Secretary work with SNAP-
approved retailers to ensure there are no additional costs or
burdens that are duplicative or inconsistent with common
commercial practices.
Recognizing that issuance of SNAP benefits to all
participants on the same date within a month creates many
challenges both for suppliers and retailers, the Committee
directs the Secretary to begin working with states to stagger
the monthly issuance of SNAP benefits across an entire month
for new beneficiaries. To prevent disruption, the Committee
does not expect states to make immediate changes for current
beneficiaries nor does the Committee suggest a change in
current policy to allow for more than once-per-month issuance
of benefits. The Committee encourages the Secretary to work
with all stakeholders, particularly those within states that
are in the process of staggering SNAP benefits, to ensure
distribution is of the greatest benefit to the economy at the
least cost.
The FARRM Act recognizes the need to increase the
Secretary's oversight of those states and territories choosing
to operate a Restaurant Meals Program strictly for the purpose
of serving homeless, elderly and disabled participants.
Currently, states and territories have the option of running
this program without seeking approval from the Department,
which has raised the Committee's concern over proper use and
implementation of this authority. The bill requires those
states and territories to submit their request as part of their
state plan and gain approval from the Department before
implementing a Restaurant Meals Program. The plan must
demonstrate a need for such a program along with effective
control measures. If states and territories are found not
operating the program in a proper manner or do not provide
sufficient justification for establishing a program, it is the
Committee's expectation that the Secretary will suspend or not
approve such programs.
The Committee is concerned about the use of funds to
advertise and promote the use of SNAP through the use of
national outreach funds. Recent news articles have described
SNAP advertisements airing on the radio and television as well
as information on the Department's website encouraging the
enrollment of participants by suggesting that community
outreach partners ``throw a great party.'' With historically
high SNAP enrollments, the Committee directs these outreach
funds to be used towards The Emergency Food Assistance Program
(TEFAP).
The bill also expands upon the bipartisan work begun by the
Committee on Ways and Means Human Resources Subcommittee to
allow data both within and across key federal assistance
programs to operate more efficiently. These standardization
activities promote transparency, flexibility, and consistency
so data can be shared across the various information technology
platforms established by federal and state agencies, increasing
administrative efficiency and reducing improper payments. This
provision is not intended to provide additional authority to
standardize data, but to drive the process to occur across
multiple federal agencies.
The bill includes a provision that allows SNAP benefits to
be used for the purchase of community-supported agriculture
(CSA) shares. The Committee is aware that the Secretary
currently permits CSA businesses to participate in SNAP.
Farmers organized as a CSA can participate in a manner similar
to farmers' markets; SNAP recipients use SNAP benefits and
receive eligible food items from the CSA at the time product is
delivered (i.e. at the point-of-sale). Non-profit CSAs are
permitted to accept SNAP benefit payment up to 14 days in
advance of product delivery. The Committee expects that the
Secretary will administer this provision in accordance with
current practice and procedures for authorized community-
supported agriculture businesses.
Additional nutrition programs
Food banks have been successful in effectively utilizing
federal commodities and securing private sector donations in
order to feed hungry Americans. However, local food banks have
been struggling to provide enough food to needy families in the
current economic climate. Recognizing the challenges food banks
are facing, the FARRM Act provides an additional $25 million
per year for The Emergency Food Assistance Program (TEFAP).
Furthermore, it is the intent of the Committee that the
Secretary purchase and deliver emergency foods so as to
maximize the continuity of food product flow to emergency
feeding organizations throughout the year to better enable them
to meet the need for assistance in local communities,
particularly in times of high demand. To meet this objective,
the Committee strongly encourages the Secretary to review
potential bonus and surplus removal purchases on a real-time
basis and adjust the timing of mandatory food purchases and
deliveries to address periods when bonus and specialty crop
deliveries are expected to be low. Having a more balanced
delivery of both mandatory and bonus food purchases will enable
emergency feeding organizations to better serve those in need.
The Committee also intends for the Secretary to consider the
cost of regulatory changes on the operation of emergency
feeding operations in order to prevent such regulatory changes
from adversely affecting the services provided by the emergency
feeding organizations. The Committee encourages the Secretary
to work with emergency feeding organizations to address these
concerns.
The FARRM Act makes changes to the Commodity Supplemental
Food Program (CSFP) that will transition this program into
serving only the elderly while allowing the small percentage of
women and children currently enrolled in the program to
continue to receive services until they have exceeded the age
of eligibility. The Committee intends that individuals
participating in CSFP on the day immediately prior to the
effective date of this provision shall remain eligible until
such time as an individual is no longer eligible for the
program in any age or category. For example, a participating
infant on effective date may remain in the program as he or she
ages into subsequent age/categories, if otherwise eligible.
Women and children will all continue to be served by the
Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC), which is more suited to their dietary needs.
The Committee agreed to increase funding for Community Food
Projects by an additional $10 million per fiscal year, with
half of this increased funding being designated to projects
that help communities provide incentives for low-income
individuals to purchase fruits and vegetables. The Committee
recognizes that there has been tremendous growth in the
purchase of locally grown fruits and vegetables. Rather than
duplicate programs, the Committee increased funding for an
existing program that is flexible and has been successful in
helping communities address the food and nutritional needs of
its citizens.
The FARRM Act also removes the word ``fresh'' from the
Fresh Fruit and Vegetable Program. The purpose of the program
is to encourage the increased consumption of fruits and
vegetables in a variety of forms in elementary schools with a
high number of low-income students. This change will allow
elementary schools participating in this program to maximize
their funding by having the option of purchasing fresh, frozen,
canned, and dried fruits and vegetables. Fruits and vegetables
in all forms, as emphasized by the 2010 Dietary Guidelines for
Americans, provide a variety of micronutrients and fiber that
are important to maintaining overall health. The Committee
recognizes the challenges schools face in the storage and
preparation of fresh foods, and to accommodate those needs, the
bill provides schools with greater flexibility while still
serving school children with a variety of nutritious produce.
The Committee expects the Secretary to inform states and
schools of this change to the program through notification.
Additionally, the Committee believes that participants in
all federally funded nutrition assistance programs deserve
access to a variety of safe and nutritious food. The 2010
Dietary Guidelines for Americans recognized that Americans'
consumption of fruits, vegetables, and fiber is below target,
and all forms of these products increase the intake of
essential vitamins and nutrients. The Committee encourages the
Secretary to include all forms of fruits, vegetables and
beans--canned, fresh, frozen, and dried--in nutrition
assistance programs, and to educate program participants that
all forms of these foods can help them meet the Dietary
Guidelines for Americans.
The bill includes a pilot program within the Department of
Defense (DOD) Fresh Fruit and Vegetable Program. This pilot
would allow up to five states to use their DOD Fresh funding
allocation to source local produce. The Committee expects
states that are selected to participate in this pilot to use
this funding solely for the procurement of local fresh fruits
and vegetables for school children. The Committee also intends
for the pilots to be carefully evaluated in order to help
inform future national policy.
Title V--Credit
The House Agriculture Committee understands that access to
credit is crucial to America's economy as a whole, but more
importantly to the health and success of family farms, ranches,
and the entire agricultural sector. To that end, the FARRM Act
provides greater flexibility to the Farm Service Agency (FSA)
in facilitating credit programs.
Under current law, FSA provides Farm Ownership Loans to
owners of farms. However, when a family forms a separate entity
for transition or liability reasons, Farm Ownership Loans are
no longer available to them. By adding ``other legal entities''
to the list of eligible borrowers, the Committee reported bill
enables FSA to assist qualified operating entities with Farm
Ownership Loans even when the entity does not own real estate
or is a member of the operating entity thus providing
flexibility and greater participation to the program.
The Committee reported bill provides clarification and
flexibility to the Secretary to adjust experience requirements
to avoid excluding those who are qualified, but may not be able
to meet the current 3-year farming or ranching experience
requirement, thus enabling more young or beginning farmers and
ranchers to participate in the program.
The Committee reported bill increases the Conservation Loan
guarantee amount from 75 to 90 percent (a percentage similar to
other loan programs), encouraging a larger participation rate
for beginning farmers and ranchers, while continuing to protect
priority for beginning and socially disadvantaged farmers and
ranchers.
In an effort to provide greater participation for beginning
farmers and ranchers and increased flexibility to FSA, the
Committee reported bill increases the maximum loan value for
the Down Payment Loan Program from 45 percent of $500,000 to 45
percent of $667,000.
Throughout last summer's audit hearings the Committee found
several areas in which FSA could streamline certain
administrative mandates. As a result, the Committee repealed
the Mineral Rights Appraisals requirement for real estate
loans. Moving forward, this change should reduce costs for both
the borrower and FSA as third party appraisals could be used in
some cases instead of FSA having to obtain a new appraisal that
specifically includes the mineral value.
Under the current statute, delinquent youth loan borrowers
are subject to provisions of the Debt Collection Improvement
Act. This can result in undue hardship, as a youth loan
recipient could be rendered ineligible for student loans and
grants, which may prevent them from obtaining higher education.
The Committee reported bill directs the Secretary, on a case-
by-case basis, to waive the personal liability and cancel any
remaining debt in situations in which failure was beyond the
youth's control (i.e. project failure due to disease or natural
disaster).
The Committee reported bill directs the Secretary to
establish a microloan program to better serve young, beginning,
veteran and urban farmers and ranchers.
The Committee reported bill directs FSA to prioritize joint
financing agreements and Down Payment Loans within the Direct
Farm Ownership Loan program in order to maximize the number of
borrowers served for a given level of appropriations.
Under current law, beginning farmer ownership loans are
limited to applicants who do not own real estate in excess of
30 percent of the median farm size in the county. In some
counties however, the median size is so small that an applicant
cannot qualify if they own any real estate. To that end, the
Committee reported bill reconciles the median farm size
limitation by replacing ``median'' with ``average''. In almost
every county, the average is greater than the median farm size.
This allows more otherwise qualified applicants to receive
beginning farmer ownership loans.
Most FSA loans are available to all agriculture producers,
no matter if they reside in rural, suburban, or urban areas.
However, FSA Youth Operating Loans are currently only available
to youth (ages 10-20) who live in rural areas (areas with
50,000 or less residents). The Committee reported bill removes
the ``rural residents'' requirement allowing all youth the
opportunity to receive a Youth Operating Loan similar to all
other FSA loans, while continuing to require that youth
borrowers would need to be under the supervision of an
organization, such as 4-H, FFA or Boys/Girls Clubs.
The Committee reported bill makes changes to the loan
program for purchasers of highly fractionated tribal land to
ensure that the program meets the needs of tribal members.
Title VI--Rural Development
The Committee reported bill addresses fiscal constraints by
reducing authorizations for appropriations by more than $1.5
billion over five years. Based on discussions with
stakeholders, and in conjunction with the reduced number of
programs, the Committee expects this action will ensure scarce
funds are concentrated in the most effective programs.
In testimony before the House Agriculture Subcommittee on
Rural Development, Research, Biotechnology and Foreign
Agriculture, the Government Accountability Office (GAO)
responded to several critical issues in programs operated by
USDA. Among these was the impact that funding set-asides have
on the fragmentation of rural development programs, and the
overlap or duplication across programs. Additional testimony by
witnesses representing counties, municipalities, and non-profit
rural development organizations cited both the confusing number
of programs and the burden of applying for assistance as a
major impediment to accessing rural development funding at
USDA. The Committee agrees with a number of the GAO's
conclusions and the concerns of municipal organizations. The
Committee reported bill addresses these concerns by eliminating
thirteen programs, requiring the Secretary to collect
information on the success of loans and grants over time, and
requiring the Secretary to create simplified applications.
GAO also highlighted a need for measuring the effectiveness
of rural development programs. Committee passed bill addresses
this need by requiring the Secretary to collect data regarding
economic activity created through the loans and grants provided
to rural communities. The Committee expects these efforts will
create a harmonized baseline of information for effective use
by USDA and Congress. It is the intent of the Committee to
integrate this collected information with program changes and
rulemaking.
In testimony reviewing rural development programs in
advance of formulating the Committee reported bill,
stakeholders spoke to the importance of regional collaboration
to create effective outcomes. The Committee recognizes that the
Secretary can coordinate the efforts of USDA with other Federal
agencies, and expects the Secretary to ensure rural development
funds are carefully targeted for the greatest impact possible.
The Committee reported bill also addresses regional
collaboration through the reauthorization of the Delta Regional
Authority, the Northern Great Plains Regional Authority, and
the State Rural Development Councils.
Testimony presented to review broadband programs clearly
indicated a need for transparency through the application
process for incumbent providers to respond appropriately to
applications for new funding in their service territory. The
Committee reported bill addresses this need by authorizing the
Secretary to establish a process by which incumbent providers
may submit comments.
The Committee recognizes the importance of ``Main Street''
businesses to rural communities, and that the recent economic
downturn has reduced the affordability of credit in rural
areas, putting considerable strain on these small businesses.
The Committee reported bill addresses this issue through
changes to the Business & Industry (B&I) Loan Program intended
to ensure working capital is an eligible use of funds. The
Committee reported bill also provides flexibility for the
Secretary to consider accounts receivable for the purposes of
collateral to allow lenders to help meet the capital needs of
small businesses in rural areas. The Committee encourages USDA
to examine additional ways to guarantee lending to small brick-
and-mortar, community-owned businesses, such as an increased
loan guarantee percentage for smaller loans, a streamlined
process for making B&I loans of less than $250,000, and making
operating lines of credit eligible as a program use.
Additionally, the Committee encourages USDA to better
coordinate with the Small Business Administration on outreach
related to the B&I loan guarantee program to rural lenders.
The Committee recognizes that with over $3 billion in
pending applications for water and wastewater projects
throughout rural America, reauthorization of water
infrastructure programs is a vital component to rural economic
development. Access to water systems promotes the health of
rural communities and attracts businesses to invest in
communities which are well supported by critical
infrastructure. To address the current backlog, the Committee
passed bill directs USDA to maximize the use of guarantees
through private or cooperative lenders for projects in larger
communities. The Committee expects these provisions to leverage
available funds to serve more communities than might otherwise
be served solely through direct loans.
Title VII--Research, Extension, and Related Matters
Option to determine status
The Committee recognizes that for institutions with degree
programs in the agricultural sciences that qualify as a
Hispanic Serving Institution under the Higher Education Act of
1965, the subsequent automatic qualification as a Hispanic
Serving Agricultural College or University then precludes that
institution from qualification as a Non-Land-Grant College of
Agriculture. The Committee does not take a position on how an
institution should be designated, but has provided that
Hispanic Serving Institutions with degree programs in the
agricultural sciences may make a one-time choice which
designation they wish to be considered under for purposes of
access to program funding eligibility.
National Agricultural Research, Extension, Education, and Economics
Advisory Board
The National Agricultural Research, Education, Extension,
and Economics Advisory Board (NAREEEAB) was created in 1996.
The NAREEEAB replaced an existing user's advisory board and
consolidated the functions of numerous other boards, task
forces and councils. This advisory board has since served as
the principal advisory mechanism to the Secretary, Under
Secretary, agency administrators and the Congress on all
aspects of the Research, Education and Economics (REE) mission
area.
In creating the NAREEEAB, the Congress intended for this
board to recommend policies, identify short and long term
national priorities for REE programs, and to evaluate program
results and effectiveness among other assigned duties. The
Congress has since added multiple duties and consultative
functions to the Board's mandate. In doing so, the Committee is
aware that the work load and learning curve of the volunteer
members is high. It has become apparent to the Committee that
it can take several years for new board members to become
comfortable not only with the diverse subject matter under
review, but likewise the law and administrative functions they
are required to evaluate. While the statute defines the length
of a Board member's individual term, the Congress has never
included nor intended for board members to be subject to a
limit on the number of terms they can serve. Unfortunately, the
Committee has become aware that USDA has instituted an
arbitrary term limit policy on Board members that inhibits the
individual members and the overall Board's effectiveness. The
Committee strongly encourages the Secretary to reverse this
policy.
Among the duties of the Board previously assigned was the
responsibility to review and make recommendations on procedures
for merit review of competitive grant proposals. The Committee
has become aware that the USDA initially requested comments of
the NAREEEAB following enactment of the merit review
requirement in 1998 but has never revisited the question. The
Committee is concerned that the USDA has misunderstood the
legal mandate for merit review and has included clarification
that for purposes of this review, merit is to be equated with
the relevancy of the research or extension project to the
community it is meant to serve. The Committee envisions that
the process of evaluating a grant application would start with
scientific peer review, and those applications deemed to be of
sufficient scientific quality would then be reviewed and
awarded on the basis of merit and relevancy. The Committee has
further required that the NAREEEAB consult with industry
stakeholders in developing their guidance and that the USDA
consult on an ongoing basis with the NAREEEAB to ensure that
these reviews are functioning as intended.
The Committee recognizes the interest in growing
agricultural commodities in less traditional production areas.
As such, the Committee encourages the Secretary in consultation
with the NAREEEAB, in both the intramural research carried out
by the Agricultural Research Service and in the competitive
grants programs carried out through AFRI and other authorities,
to carry out and fund research into the unique situations
facing producers in urban areas. These unique situations may
include reclaiming land previously used for industrial purposes
or neglected residential areas, and addressing needs such as
the remediation of soils to make them capable of producing
agricultural commodities for human consumption.
Veterinary services grant program
Our veterinary workforce is responsible for ensuring that
the food we eat is safe, but they are facing a critical
shortage in the public, private, industrial and academic
sectors, and the problem is growing. Our Nation's large-animal
vets are truly on the front lines of food safety, public
health, animal health and national security. The demand for
large-animal veterinarians is increasing, and lack of these
specialists in many areas of the country will continue to put
our agricultural economy and the safety of our food supply at
risk.
Since the fall of 2000, the Committee on Agriculture has
worked on ways of resolving the serious veterinary shortage
problem confronting many rural communities. With the passage of
the National Veterinary Medical Service Act in December of
2003, a program was finally authorized to incentivize large
animal veterinarians to practice in communities that USDA
designated as veterinarian shortage areas. With this program in
place, large animal veterinarians are able to apply on a
competitive basis for educational loan repayment assistance in
exchange for their commitment to practice in shortage areas.
To the extent that the loan program is successful, it's
important to consider that this was just the first step. While
this assistance will be very helpful in attracting
veterinarians to these communities, there remain gaps in
veterinarian recruitment, attracting and training technical
support staff, and simply meeting the long-term costs of
operating veterinarian practices in these communities.
The Veterinarian Services Investment Act is meant to
address these secondary needs and is designed to complement the
loan repayment program to help large animal veterinarians
become established in these rural communities.
This bill recognizes and addresses a real problem in rural
America. This legislation will authorize grants to address
workforce shortages based on the needs of underserved areas.
For example, grants could be used to recruit veterinarians and
veterinary technicians in shortage areas and communities. It
could add veterinarians expanding and establishing practices in
high-need areas. It could establish mobile portable clinics and
televet services and establish education programs, including
continuing education, distance education, and factor
recruitment in veterinary science.
Grants and fellowships for food and agriculture sciences education
The Norman E. Borlaug International Agricultural Science
and Technology Fellowship Program (Borlaug Fellowship Program)
helps developing countries strengthen agricultural practices by
providing scientific training and collaborative research
opportunities to visiting researchers, policymakers, and
university faculty. The Borlaug Fellowship Program has provided
over 500 fellowships for agricultural professional from 64
developing countries worldwide. Currently, Fellowships can run
from six to twelve weeks depending on research topic and
funding availability. The Committee is concerned that the
length of the fellowships currently offered may be too brief in
term in some instances to provide real training and research
opportunities. The Committee understands that a brief short
term fellowship is an effective method to provide certain
specific training and research opportunities. However, the
Committee would urge the Secretary to modify the implementation
of the program to also provide longer term training and
collaborative research opportunities to address those instances
where a long term fellowship would allow greater in depth
training and research.
Extension research
The Cooperative Extension System is a nationwide, non-
formal educational network. Each state, territory, and the
District of Columbia has an office at its land-grant
universities and a network of local or regional offices which
are staffed by experts who provide practical, research-based
education to agricultural producers, small business owners,
youth, consumers, and others in rural and urban communities.
The Committee encourages the Secretary to ensure that
Cooperative Extension is effectively utilized to deliver the
educational component of USDA programs. The Secretary is also
encouraged to engage in discussions with other federal
departments and agencies to consider ways to use the
Cooperative Extension to deliver education for other federal
programs as practicable.
Auditing, reporting, bookkeeping, and administrative requirements
The Committee is concerned about the increasing use of
assessments, fees, and higher indirect costs rates imposed on
its university partners by the Agricultural Research Service
(ARS). These university partners play a major role in achieving
ARS research priorities and objectives. In a time of scarce
budgetary resources, ARS must ensure limited research dollars
are maximized and administrative costs are reduced to the
fullest extent possible. In recent years, ARS has imposed a
variety of administrative assessments on its university
partners, effectively reducing funds intended for important
research projects. The Committee expects ARS to operate within
historical administrative cost parameters, namely by imposing a
administrative cost cap not exceeding four percent. All
administrative assessments, fees, dues, or charges, of any
type, must be included within this overall administrative cost
cap. ARS must administer its programs more efficiently to
ensure valuable research funds are maximized so it may continue
to maintain a robust agricultural research enterprise. The
Committee encourages ARS to continue university research
partnerships to ensure our nation's premier educational and
clinical institutions play a major role in achieving ARS and
congressional research objectives.
Matching funds requirement
The use of matching funds has proven to be an effective
tool in leveraging limited Federal resources with commitments
from those benefitting from agricultural research and
extension. Unfortunately, the application of these policies by
the U.S. Department of Agriculture (USDA) has been arbitrary
and inconsistent.
Efforts by the Committee to develop a comprehensive policy
on research and extension matching funds originated during the
development of the 2008 farm bill. At the time, it was noted
that as research programs have been authorized or modified, the
incorporation of matching requirements was done in a subjective
manner. An effort was initiated during the 2008 farm bill
conference to harmonize the matching requirements, but due to
the complexity of the task and time constraints, the effort was
dropped with the understanding that the Committees and USDA
would undertake a stakeholder process designed to provide
recommendations in advance of the 2012 farm bill. Unfortunately
that process never materialized after the 2008 bill.
The House Agriculture Committee has maintained an interest
in engaging stakeholders in a discussion about how to harmonize
these policies to improve consistency and transparency in their
application. Several requests have been made for suggestions on
how best to approach this issue and the consensus seemed to be
that the Committee should propose a discussion draft. The
language included in Committee legislation was the result of
technical assistance received by the USDA and is meant to begin
this discussion.
As part of the discussion that has already commenced, it is
important to highlight what the provision does, as well as what
it does not do.
The provision, once implemented would apply to competitive
grants for extension or applied agricultural research. These
grants would be subject to a 100 percent match of cash or in-
kind support from any other source, but only if the grant is
specific to a state or commodity. The Secretary would have the
authority to waive the matching requirement if the grant is
deemed to be a national priority using the process established
for priority setting conducted as part of the statutory mandate
of the National Agricultural Research, Extension, Education and
Economics Advisory Board (NAREEEAB). The use of the NAREEEAB in
this way is not without precedent. Under the Organic Food
Production Act, the authority of the Secretary to create a
National List of approved and prohibited substances that shall
be included in the standards for organic production and
handling is limited to the advice of the National Organic
Standards Board.
Current matching fund policies, such as that under the
Agricultural and Food Research Initiative impose a requirement
of a non-Federal match to commodity specific grants that are
not of national scope, but under a plain reading of the law
would apply to regional collaborative grants involving multiple
States.
It is the intent of the Committee that the match policy
allow for cash or support from ``any'' other source, including
other federal funds. However, we are aware that under this
statutory language such funds would have to be consistent with
the purpose of both grants. As stated above, this language is
meant to begin discussions on important issues surrounding a
universal match policy.
The Committee is aware of both the difficulty in meeting
these requirements and the inconsistency in which they are
applied and has attempted to develop a policy that is
reasonable, transparent and consistently applied across the
universe of USDA competitive agricultural research and
extension grant programs.
Repeal of National Agricultural Weather Information System
The Committee is aware that advanced weather forecasts
using Tropospheric Airborne Meteorological Data Reporting
(TAMDAR) systems have been used by the Federal Aviation
Administration, the U.S. Weather Service, and the National
Oceanic and Atmospheric Administration for over seven years.
The Committee supports advanced forecasting employing TAMDAR in
that it enhances U.S. and allied meteorological forecasting
systems, thus providing improved reliability and situational
awareness, which is particularly useful in agricultural
forecasts. The Committee therefore encourages continued use of
this system by the Department of Agriculture.
Regional Centers of Excellence
With limited resources to invest in critical programs, the
Committee has considered multiple options by which Federal
funds can be leveraged to improve overall program
effectiveness. With the recognition that multiple institutions
and organizations participate in projects of similar interest,
the Committee has sought to incentivize the formation of formal
partnerships and other organizational structures as Regional
Centers of Excellence. The Committee reported bill directs that
such centers that meet established criteria be granted priority
in receipt of competitive research and extension grants.
The Committee would recommend USDA to promulgate
regulations implementing section 1673 in accordance with
appropriate regulatory procedures in order to allow interested
stakeholders to gain a firm understanding of USDA's
implementation of the provision.
Specialty Crop Research Initiative
The Committee is aware of concerns that the required merit
review process under the Specialty Crop Research Initiative and
other competitive grants programs is not functioning as
intended. Congress established the merit review requirement to
ensure that grant applications that are of sufficient
scientific quality as determined through a process of peer
review shall then be evaluated and final awards be made based
on the merit and relevancy of the grant request with respect to
the constituency being served. In carrying out the merit and
relevancy review process under the Specialty Crop Research
Initiative, the Committee expects that the review and ranking
for impact to be conducted by a panel of specialty crop
industry representatives for the specific specialty crop. The
Committee further encourages the Secretary to prioritize
competitive grants to address imminent threats which may impact
the future of specialty crop production in this country.
Competitive, Special, and facilities Research Grant Act
The Agriculture and Food Research Initiative (AFRI) is the
premier competitive research and extension grants program
within the USDA. The AFRI program was established in 2008 as a
successor program to the National Research Initiative
Competitive Grants Program and the Initiative for Future
Agriculture and Food Systems. The statutory priorities for the
AFRI program are purposefully broad. In developing these
priorities, the Congress was aware that as science evolves, a
balance needed to be achieved between the need for flexibility
to respond to new and emerging threats and opportunities, and
the need for transparency and accountability in the expenditure
of taxpayer funds.
Concerns are periodically raised regarding the annual
allocations among the various statutory programmatic priorities
and sub priorities. The Committee was aware of these
qualitative concerns but lacked quantitative information on
which to base any policy modifications. As a continuation of
the programmatic audit carried out by the Committee in
preparation for developing the FARRM Act, the Committee
requested USDA provide a listing of recent awards under the
AFRI program sorted according the corresponding statutory
priorities and sub priorities. USDA initially responded to the
Committee that it had no means by which to track grants in
relationship to the statutory authority upon which they are
awarded. The Committee ultimately received a partial response
to the oversight request after a delay of more than 3 months,
but only days prior to consideration of the FARRM Act. The data
reveal a dramatic shift in awards funding away from traditional
areas of production agriculture. For instance, awards for
research in plant systems dropped from 38.7% of available funds
in fiscal year 2007, the final full year under of the
predecessor programs, to 18.4% in 2011. Awards for research in
animal systems fell from 22.4% to 9.4% over the same time
period.
The Committee is concerned that the allocation of research
and extension awards under the AFRI program is inconsistent
with our national priorities. This same concern was raised by
the Appropriations Subcommittee on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
in their report for the fiscal year 2012 appropriations when
the subcommittee stated that ``over the past few years,
numerous reports from Federal agencies and private
philanthropic and scientific organizations have highlighted the
need for the United States to invest in agricultural research,
particularly to ensure productivity growth and to develop and
refine sound natural resources management practices for U.S.
farmers and ranchers and others around the world. In light of
this advice and the nation's serious budget deficit and debt
problems, the agency should be focusing its research efforts on
only the highest priority, scientifically merited research.
While there are many interesting research topics and a
multitude of issues that could be researched, the Committee
expects the agency to focus on its core mission of agricultural
research by setting a very high standard for research funded by
the agency and requiring a rigorous peer review.''
The Committee agrees with the concerns raised by the
Appropriations Subcommittee and has included language related
to the President's annual budget submission to both improve the
transparency and the accountability for the funding
administered by the USDA under AFRI and other competitive
agricultural research and extension grants programs.
The Committee recognizes the importance of basic animal
health research to support the farmed cervidae industry, and as
such, supports research focusing on the development of viable
strategies for the prevention, diagnosis, and treatment of
infectious, parasitic and toxic diseases of farmed deer and the
mapping of the deer genome.
The Committee recognizes the growing importance of and need
for comprehensive and practical scientific and economic
assessments of agricultural practices and technologies intended
to improve agriculture's water quality and quantity
performance. This is particularly the case as states work with
producers on high priority or high profile water quality
challenges. Such scientific and economic assessments are needed
for the major crop producing regions of the country, taking
into account soils, climate, crops grown, and the technologies
and agricultural practices in use. The goal of such assessments
should be to develop information and continue to build on the
tools already in place. The assessments should continue to
develop new and innovative approaches to help producers and
policy makers in states understand what is affordable,
achievable and sustainable for producers. The assessment can
then he used to consider how different water quality policy
choices relate to other important societal objectives involving
agriculture. The Committee encourages the Secretary to initiate
a multi-year effort to help the states and USDA continue to
develop this base of science and knowledge through the funding
of proposals from qualified institutions capable of supporting
interdisciplinary teams of researchers and experts to carry out
such efforts.
The Committee recognizes the success of the Conservation
Effects Assessment Project (CEAP) and the cross collaborative
approach between multiple agencies at USDA, and strongly
encourages USDA to continue and expand on those efforts. The
Committee does not intend for this provision to be a
replacement for or duplication of CEAP, but rather as a source
of sound, complementary economic and technical information that
could be used in conjunction with CEAP to create more accurate
assessments of the effects of prospective conservation measures
on agricultural land.
The Committee recognizes that maintaining and enhancing
wild rice, a uniquely American specialty crop, depends on
continued use of traditional breeding methods, along with the
application of new genetic tools to make conventional breeding
more efficient. Genetic analysis of shattering, disease
resistance, reduced plant height, and other traits require not
only development of new genetic markers for wild rice, but also
new methods for gathering accurate phenotypic information on
the plants. The use of these improved genetic resources in the
future depends on their continued availability through reliable
seed storage methods. Some research has been done on
maintaining viability of stored seeds, but these need to be
translated into reliable and useful methods at the local level
to ensure breeding progress.
The Committee would hope that the Secretary would consider
the following research objectives regarding wild rice genetic
resources: preserving and enhancing wild rice breeding lines
for testing and release as future varieties; developing
phenotyping methods and genotypic markers for various traits;
using genotypic and phenotypic information to identify superior
genetic resources for breeding and to develop more efficient
breeding methods; evaluating and maintaining the genetic
distinctiveness of wild rice breeding lines and populations;
and developing improved methods for short- and medium-term
storage of wild rice breeding lines and populations.
Renewable Resources Extension Act of 1978
The National Association of University Forest Resources
Programs (NAUFRP), (formerly the National Association of
Professional Forestry Schools and Colleges) represents 69 of
our nation's universities and their respective scientists,
educators and extension specialists. NAUFRP's purpose is to
advance the health, productivity, and sustainability of
America's forests by providing university-based natural
resource education, research, science, extension and
international programs. The Committee would encourage USDA to
engage in discussions with NAUFRP to ensure that their
proposals for ecosystem services, invasive species management,
and innovative biobased products are appropriately addressed.
Budget submission and funding
The Committee is aware of the need for the statutory
priorities for the various agricultural research, education and
extension programs to be written with sufficient flexibility so
that the Administrators of the USDA research agencies can
respond quickly and efficiently to emerging problems and
opportunities. The Committee is equally cognizant of the need
for taxpayer funds to be used in a transparent and accountable
manner.
Recent changes that have occurred in Congressional
appropriations procedures have empowered USDA bureaucrats to
direct spending seemingly without regard to statutory
priorities. Coupling the extraordinary spending discretion
granted to the agencies with a lack of transparency relating to
the priority setting process exposes these critical programs to
allegations of waste, fraud and abuse.
As a follow up to a series of programmatic audits conducted
by the Committee, a request was submitted for the Department to
provide a listing of grants awarded by the USDA under one
principal competitive grants program sorted according to the
statutory priorities for which the funding was appropriated.
The Department was unable to provide this information for more
than 3 months due to what was at the time a lack of ability by
the Department to track program funding according to the
authorized priorities.
A review of the data ultimately provided by the Department
demonstrates a significant reduction in funding provided for
research related to core production agricultural programs. The
Committee reported bill does not significantly alter the
priorities for the various competitive research and extension
programs. Nor does the Committee draft adopt specific across
the board set asides. In order to increase the ability of
Congress to oversee funding allocations, the Committee reported
bill instead creates a new requirement on the Secretary to
provide transparency and accountability with regard to the
research, extension and education budget. It is the intent of
the Committee that USDA provide increasingly detailed spending
plans to Congress in advance of the development of annual
appropriations measures so that the legislature and interested
constituencies can weigh the merits of these allocations
against evolving priorities, and as a representative body the
Congress can approve or disapprove of the proposed allocations.
Working cooperatively between the branches and fully
involving interested stakeholders in the priority setting
process will likely result in better understanding of the need
and benefits of investment in agricultural research, extension
and education programs.
Sun Grant program
The Committee reported bill directs the Secretary to
utilize and leverage the investment, resources and capacities
of the current regional Sun Grant Program Centers and Sub-
center to continue their leadership and management of the
regional Sun Grant competitive grants program.
Title VIII--Forestry
The Committee believes that healthy national, state, and
private forests should be a high priority for the Department.
Healthy forests are an important component of helping sustain
fire-resistant communities and promoting economic health across
rural America. The Committee reported bill reflects the
priorities of the Committee by providing the Forest Service the
tools necessary to improve forest management over the course of
the bill.
Forest Service decision making process
The Committee reported bill includes language that
clarifies that the Forest Service does not need to engage in a
notice, comment, and appeal process for routine actions. This
language came as a result of a federal court decision in March
2012 that the agency must engage in this process for
noncontroversial actions such as planting trees after wildfire,
trail maintenance, or one-time events such as races. The
Committee believes this is a burdensome requirement for the
Forest Service when no other federal agency is required to
engage in a similar process. The Committee is also concerned
that this requirement will have an adverse impact on rural
economies by virtue of restricting the number of revenue-
generating activities that may occur on National Forest lands.
Stewardship Contracting
The Committee provided the Forest Service with a four-year
extension of authority to conduct Stewardship contracting. This
approach to land management has proved effective nationwide
since it was first authorized in 1999 and extended in 2003.
Stewardship contracting allows the Forest Service to conduct
important forest restoration work by allowing the value of wood
removed to help offset the cost of needed restoration
treatments, like forest thinning, introduction of prescribed
fire, and habitat improvements for a variety of species. It is
important to note that Stewardship contracting is not intended
to replace the existing timber sale contract. Where there are
robust wood markets, the Forest Service can frequently achieve
its forest restoration and habitat goals simply by offering
carefully designed timber sales. The Committee asks the Chief
to work with purchasers of Forest Service timber to address
concerns they have raised about methods of selecting the
winning bidders on Stewardship contracts, and to provide
feedback to losing bidders to help increase their understanding
of the process to become more effective in the future. The
Committee asks the Chief to include liability limitations for
operations fires in all types of Stewardship Contracts and
Stewardship Agreements. These liability limitations should be
substantially similar to the protections in existing timber
sale contracts.
Pine Bark Beetle
The outbreak of the pine bark beetle afflicting states
across the nation is a great concern to the Committee. To date,
an estimated 41 million acres have been affected, creating
potentially hazardous fuel loads in several western states. The
Committee reported bill includes provisions to provide the
Forest Service with increased flexibility to address this issue
and work with partners to mitigate the potential damage. The
Committee wishes to clarify that the Secretary has the
authority to designate critical areas at any point beyond the
initial 60-day deadline specified in Sec. 8302. In reviewing
the threat maps for designation of possible critical areas, the
Secretary has the authority to treat those areas that are not
immediately threatened by a disease outbreak in order to reduce
the threat of future outbreak.
Forest Inventory and Analysis
The Forest Inventory and Analysis (FIA) program is the
nation's only comprehensive forest inventory system for
assessing the health and sustainability of the nation's forests
across all ownerships. FIA provides essential data related to
forest species composition, forest growth rates, and forest
health data and is the baseline inventory estimate used in the
State-wide Assessments and Strategies for Forest Resources. The
program provides unbiased information that has immediate
utility to foresters, landowners and many other users by
serving as the basis for monitoring trends in wildlife habitat,
wildfire risk, insect and disease threats, predicting spread of
invasive species and for responding to contemporary forest
issues such as estimating sustainable woody biomass supplies
for renewable energy production, forest carbon inventories, and
determining the timber supply available to support local mills
and local jobs. The Committee recognizes the critical
importance of the FIA program and directs the Forest Service to
place increased emphasis within the agency's Research and
Development program to implement the strategic plan called for
in Sec. 8401.
Forest Service Retired Employees
The Committee is concerned about the increasing number of
retired Forest Service employees in recent years. Section 8402
included language to allow the Forest Service to hire retired
employees under the Agriculture Conservation Experienced
Services (ACES) program. The Forest Service will continue to
see a large number of retirements in the comings years.
Allowing the Forest Service to participate in the ACES program
allows the agency to retain the institutional knowledge
acquired through the years by these senior employees.
Title IX--Energy
The Committee continued the efforts of the 2002 and 2008
Farm Bills in drafting the energy title of the Committee
reported bill. The Committee recognized rural America's
important role in contributing to America's energy needs. The
Committee focus in drafting the energy title was to continue to
facilitate the establishment of new types of renewable energy
feedstocks across rural America and to assist agriculture
producers and rural small business to become more energy
efficient.
With the exception of the Flexible Feedstock program, the
programs under the energy title did not have a budget baseline
beyond the expiration of the 2008 Farm Bill. Given the
difficult budgetary decisions already affecting the drafting of
a new bill, the Committee did not include mandatory funding for
programs in the energy title. The Committee chose to keep the
framework for renewable energy in place by reauthorizing
several programs with discretionary funding and modifications
to the underlying statutory authority. Despite the lack of
mandatory funding, the Committee expects to see significant
progress in the development of advanced biofuel feedstocks over
the course of the Farm Bill.
BioPreferred Program
The Biobased Market Program is intended to stimulatethe
production of new biobasedproducts and to energize
emergingmarkets for those products. While the focus of the
program is to promote new products and emerging markets, the
program shall not create market disadvantages for certain
biobased products relative to other biobased products. The
Committee would hope that in its current rulemaking process,
that mature markets for biobased products, including products
made from forestry and cotton materials, are not put at a
competitive disadvantage, particularly in comparison to
products that may be imported into the United States. The
Committee has heard concerns from a variety of sources within
the forest products industry, including lumber producers, about
their eligibility to participate in this program. And as such,
the Committee reported bill amends the definition of a biobased
product in order to clarify that forest products should be
included in the Biopreferred program.
Rural Energy for America Program
The Committee reported bill amends the definition of a
``renewable energy system'' to clarify what is eligible for
financial assistance under the Renewable Energy for America
Program (REAP). The Department announced an initiative in
October 2010 to assist in the installation of 10,000 blender
pumps over a five year period. The intent of the program has
been to promote energy efficiency and the production of
renewable energy, rather than energy delivery. Therefore,
blender pumps or other mechanisms to dispense fuel on a retail
level are not a use of the program consistent with this
purpose.
The Committee reported bill also streamlines the
application process for REAP to create a three-tiered
application process. The Committee believes that due to the
wide range of projects funded under the program, those
producers seeking smaller amounts of assistance should not be
required to submit the same volume of information as those
seeking larger amounts.
Biomass Crop Assistance Program
The Biomass Crop Assistance Program was reauthorized with
modifications. The program as written in the 2008 Farm Bill was
not implemented in a manner consistent with the Committee's
vision. Initial estimates of the program projected spending of
$70 million on the program over the course of the Farm Bill.
However, approximately $924 million has been spent on the
program through the end of FY 11. After issuance of the final
rule in October 2010, the Committee believes the program is now
being run in a manner consistent with Congressional intent. To
ensure that the purpose of the program continued to be carried
out, the Committee removed the authorization of payments for
the collection, harvesting, storage, and transportation of
eligible materials to a biomass conversion facility. The
Committee intends that the purpose should be on the
establishment of new crops, rather than funding existing crops.
Title X--Horticulture
Horticulture
Specialty crops--fruits, vegetables, tree nuts, and nursery
plants--account for almost half of the domestic crop value in
the United States.
The Committee believes that the specialty crop industry can
be best served through Federal and State efforts that help
producers increase their respective competitive positions
through marketing, promotion, plant pest and disease pressures,
and research programs. The FARRM Act builds upon the popular
and successful programs established in the 2008 Farm Bill with
this notion in mind. Expanding export markets and increasing
access to locally produced products is a priority in the FARRM
Act.
Specialty Crop Block Grant Program
The bill makes several changes to the Specialty Crop Block
Grant program, which has been successful in enhancing the
competitiveness of specialty crops by promoting increased
consumption of fruits, vegetables, and nuts, fostering local
and regional economic development, and enhancing research on
specialty crops. The FARRM Act increases funding for the
Specialty Crop Block Grant program to $70,000,000 for each
fiscal year. The Committee also adjusts the grant allocation
formula in a manner that balances the value of specialty crops
with the number of acres devoted to specialty crop production
within states. The Committee directs both USDA and the states
to limit the administrative funds at 3 and 8 percent
respectively to capitalize on the funds available to growers.
The Committee recognizes the difficulty in coordinating and
funding multi-state projects within the block grant program,
and the Committee expects the USDA to issue guidance and work
with states in making grants available for such projects. These
multi-state projects may include food safety, research, plant
pest and disease, and crop specific projects. These projects
have the ability to link growers across state lines and promote
much needed collaborative research. In the Secretary's
guidance, effective multi-state collaborative research should
not limit needed equipment and facilities if it is found they
are essential to research advancements. Furthermore, multi-
state projects may encourage the use of farm financial
benchmarking, which can be used as a tool to provide financial
training, management training, risk management training, and
diversification and marketing strategies for all producers.
Plant Pest and Disease
To ensure the continued availability of funding for the
important work of the National Clean Plant Network, the
Committee has combined this program with the Pest and Disease
program and increased baseline funding for both. The Committee
expects that annual funding for the important work of the
National Clean Plant Network will not be less than the level
provided in FY2012 and may be provided to the Network without
regard to the process for distributing funds to address the
other provisions of Section 420 of the Plant Protection Act.
The Committee recognizes that Disease Management and
Disaster Prevention Programs as previously authorized in the
Food, Conservation, and Energy Act of 2008 includes imminent
pressing and persistent threats from pests and disease, such as
Citrus Greening, to agriculture production.
The Committee recognizes the importance of the Federal
government, specifically the USDA, developing and maintaining
the highest technological capability of identifying plant pests
and invasive species. Further, the Committee believes that the
advanced technological capabilities acquired through
development of plant pest and invasive species detection
technologies should facilitate the development of a
coordinated, interagency response plan for the federal
government to effectively mitigate plant pests and invasive
species. The Committee encourages USDA to take the appropriate
steps to facilitate information and technology sharing with
other appropriate agencies of the Federal government involved
in invasive species management such as Department of the
Interior, Environmental Protection Agency, U.S. Coast Guard and
the U.S. Army Corps of Engineers.
Farmers Markets
The Committee recognizes the growing interest among
producers and consumers to provide and purchase locally-grown
agricultural products. The FARRM Act expands the Farmers Market
Promotion Program to include food system infrastructure and
increases funding for competitive grants to expand farmers
markets and other direct-to-consumer market opportunities.
Olive Oil Marketing Order
The Committee has taken steps to permit the establishment
of a marketing order for domestically produced olive oil.
Should this marketing order be established, the Committee
expects USDA, in conjunction with the U.S. Trade
Representative's office, to ensure the marketing order is
implemented in a manner that will not cause undue trade
disruption.
Honey Standard of Identity
The Committee is concerned with the Food and Drug
Administration's denial of the honey industry's 2006 citizen's
petition calling for a federal standard of identity for honey.
Consequently, the Committee directs USDA to submit a report to
the Commissioner of the FDA on the importance of establishing
such a standard. The Committee recognizes that inconsistent
standards can cause confusion in the market place and legal
challenges. The Committee instructs the USDA to take into
consideration the honey industry's petition filed with the Food
and Drug Administration.
Organics
Organic agriculture and its products continue to occupy a
prominent place in the minds of American consumers. Recent
surveys show that seventy-eight percent of U.S. families say
they choose organic food, up from seventy three percent in
2009. Further, seventy-two percent of survey respondents say
they are familiar with the USDA organic seal and its meaning.
Consumer confidence in the integrity of USDA National
Organic Program (NOP) is fundamental to the continued growth of
the organic sector. An essential element of strong consumer
confidence is the ability of the NOP to efficiently administer
enforcement actions against producers and handlers who violate
NOP regulations.
The Federal Agriculture Reform and Risk Management Act
strengthens the ability of the NOP to bring enforcement actions
against violators of the NOP regulations by permitting the
Secretary to administer oaths, affirmations, subpoena witness,
compel their attendance, take evidence and require the
production of records during the course of an NOP
investigation. The Act also ensures due process is afforded to
organic producers and handlers by affirming the right to
judicial review of USDA orders suspending organic
certification.
Importance of Biotechnology
Since its introduction in the late 1990's Agricultural
biotechnology has been embraced by American farmers with 94% of
soybeans, 88% of corn and 90% of cotton grown in the U.S.
through varieties improved by modern biotechnology.
Currently, nearly two billion people in our global
community are malnourished, and the need to sustain a rapidly
growing global population places an imperative on finding ways
to meet daily life needs in an environmentally sustainable way.
According to the U.S. State Department, it will be necessary to
produce as much food in the next 50 years as was produced
during the previous 10,000 years combined. Science and
innovation in agriculture will be required to produce this
amount of food, feed and fiber in an environmentally
sustainable way. U.S. consumers must be assured of the
availability of an adequate, wholesome and economical food
supply.
The wide spread adoption of agricultural biotechnology has
resulted in several environmental improvements. Because of no-
till and reduced-till practices associated with the use of
biotechnology crops, soil quality and carbon storage has
improved, on-farm fuel use has declined, and greenhouse gas
emissions have been reduced. In 2009, the aggregate
environmental effect of these benefits was equivalent to
removing of 17.7 billion kg of carbon dioxide from the
atmosphere or removing 7.8 million cars from the road for one
year.
Legal Challenges
The Committee is aware that many industry and academic
experts agree that frivolous legal challenges have made the
U.S. regulatory process for agricultural biotechnology products
an impediment to the timely review and commercialization of
valuable new products. While administrative reforms have been
introduced at USDA in an effort to produce decisions better
able to withstand procedural challenges in federal court, the
Committee is concerned that expenditure of the limited
resources available to the USDA should be based on the
prioritization of risk, not responding to questionable
procedural claims. The numerous oversight activities carried
out by the Committee have all led to the conclusion that
targeted legislation is needed to ensure advances in modern
agriculture will be available in the future.
Opponents of technology filing lawsuits once agricultural
biotechnology products are approved by USDA, claim that the
Department experts have not conducted proper environmental
analyses despite the rigorous environmental reviews conducted
by USDA and the lack of evidence that previously approved crops
are harmful to health or the environment. Lawsuits dramatically
slow USDA's review of new products and cost the Department
millions of dollars each year, slows down the entire process
and stigmatizes the technology without any scientific basis.
The delay in regulatory approvals creates uncertainty for
farmers, researchers and companies.
Implications
Conducting extensive reviews of products with a history of
safe use diverts scarce resources from higher priority
applications. When researchers are prohibited from studying new
technologies because of costs associated with regulation, it
reduces farmer choice and threatens discoveries of scientific
breakthroughs that could help feed a rapidly growing world
population.
Other countries recognize the value of efficient
agricultural biotechnology regulation. Brazil, for example, has
accelerated its regulatory processes while continuing to
rigorously evaluate environmental safety concerns. In a six-
year period beginning with 2005, Brazil completed the review of
28 biotech crops and the USDA completed its review of 15. The
average time to review a product in Brazil is 27 months
compared to the average time in the U.S. of 38.4 months (as of
2010). According to USDA, between 1992 and 1999, USDA, on
average, took 178 days to complete a review of a biotech crop.
Currently, that process takes two to five years. The Committee
has acted to ensure that U.S. farmers and businesses are not at
a competitive disadvantage when it comes to our foreign trading
partners. Such a disadvantage makes it more difficult for the
U.S. to grow a 21st Century bio-economy.
Legislation to Address Current Regulatory Review Process
The Committee has taken note of the enormous challenges
confronting the current USDA review process for innovative new
agricultural products and the serious hardships that prolonged
litigation has had on growers and others who rely on the review
to be efficient, transparent and science-based. The FARRM Act
provisions are intended to address those challenges by
consolidating the Secretary's review of potential adverse
environmental effects and potential plant pest risk under one
statute, the Plant Protection Act, with clearly defined time
tables.
The Committee is likewise aware of potential procedural
challenges brought against the USDA related to the issuance of
confined field test permits for new and novel traits that meet
well defined regulatory criteria. The Committee would like to
reiterate that the purpose of confined field test permits
authorized by the Secretary is to accumulate the information
needed to properly assess potential environmental effects and
plant pest risk at such time as a petition for nonregulated
status is submitted for review by the Secretary.
The Committee recognizes that the regulations that would be
in effect on the date of enactment of this subsection currently
provide USDA flexibility to forego environmental assessments
under certain circumstances through the use of categorical
exclusions. As noted in International Center for Technology
Assessment v. Johanns (473 F.Supp.2d 9) (D.D.C. 2007),
generally, APHIS's regulations require environmental assessment
preparation for field trials (7 C.F.R. Sec. 372.5(b)(5)(i)).
The regulations also set forth, however, a series of
``categorically excluded actions'' that do not require the
preparation of an EA or EIS. These excluded actions include
``[p]ermitting, or acknowledgment of notifications for,
confined field releases of genetically engineered organisms and
products.'' It is the intent of the Committee to preserve that
flexibility and apply this Act's environmental analysis
requirements only in the instances where the Department has
previously determined that an environmental assessment or an
environmental impact statement had been required. The Secretary
would be expected to tailor the level of detail in the
environmental analysis to the scope and complexity of the
action under review.
The current environmental review process has proven to be
very cumbersome. The Secretary must attempt to comply with a
variety of different statutory requirements and regulatory
procedures in order to address the likely environmental effects
of actions taken under the Plant Protection Act. The amendment
ensures that those environmental effects, including effects on
threatened and endangered species, will be addressed in a
consistent, timely manner under a single statutory mandate and
set of procedures.
The Committee also presumes that the current regulatory
definition of ``organism'' would be used as the basis for any
new rulemaking; however, we intend to give the Secretary
flexibility in this matter.
Failure To Meet Time Period
If the Secretary has failed to act on a petition within the
requisite time period under paragraph (3), the Committee
expects that, should the environmental analysis required under
paragraph (1) not be completed on the date the organism is
deemed not to be a plant pest by operation of law, the analysis
will be completed within no more than 90 days after such date.
Background on Establishment of PRIA
The Pesticide Registration Improvement Act (PRIA) is a
landmark law enacted on January 23, 2004. Congress reauthorized
PRIA (now known as ``PRIA 2'') for another five years on
October 9, 2007. The law is intended to provide additional
resources for the Environmental Protection Agency's (EPA)
registration activities and more predictable service for
pesticide registrants.
PRIA created an entirely new paradigm for EPA to process
applications for pesticide registrations and other related
actions, including establishing specific timelines with
corresponding fee schedules. Under PRIA 1, the Agency's Office
of Pesticide Programs was required to process applications
within timeframes specified for each of the 50 categories of
registration actions. PRIA 1 also established specific fees for
each of the 50 categories. Under PRIA 2, the number of
categories increased to 140 and PRIA 3 would establish 189
categories.
PRIA legislation retained and increased the product
maintenance fees that support reregistration and tolerance
reassessment authorized under the Food Quality Protection Act.
Pesticide registrants paid $110 million in maintenance fees
during the authorization of PRIA (which expires in October
2012) and registrants are scheduled to pay $139 million in
maintenance fees for the five year period to be covered by the
proposed ``PRIA 3.''
PRIA established a prohibition against the collection of
other registration fees (as distinct from registration service
fees) authorized under the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA). PRIA also suspended the Agency's
authority to collect tolerance fees which had been authorized
by the Federal Food, Drug and Cosmetic Act (FFDCA).
Implications of Additional Fees Proposed by Administration
Since 1989, various White House administrations have sought
to reinstate old and prohibited fees and the current
administration is no exception. In Fiscal Year 2013, industry
registrants have already agreed to revenues ranging from $31
million to $38 million for maintenance and registration service
fees. For Fiscal Year 2013, the Office of Management and Budget
(OMB) has proposed an additional $27 million in maintenance
fees and an additional $24 million in registration service
fees.
If these proposed fees are enacted, the revenue would go to
the U.S. Treasury where it would be unavailable to EPA's
Pesticide Program. Moreover, enactment of these fees would
require amendments to FIFRA and FFDCA, thus undermining the
letter and intent of PRIA. Congress has repeatedly barred
collection of increased fees proposed by OMB and rejected White
House proposals to modify FIFRA and FFDCA accordingly. To enact
pesticide fee increases beyond those authorized by PRIA would
jeopardize the many gains in EPA's pesticide registration
program to the many stakeholders that benefit from EPA's
scientifically rigorous regulation of this industry.
EPA and USDA Coordination for Decisions on Plant Incorporated
Protectants (PIPs)
Congress has previously directed the Administrator to
expedite the review of reduced-risk pesticides, FIFRA Section
3(c)(10), 7 U.S.C. 136a(c)(10). In reauthorizing PRIA, the
Committee is troubled by apparent inefficiencies in the EPA's
registration process for two categories of reduced-risk
pesticides: plant-incorporated protectants, both individual and
combined trait products, and herbicides used over the top of
herbicide-tolerant crops, both individually and in combination.
Both categories of pesticide products involve a parallel,
albeit independent, review of the relevant plant products by
the Secretary under the Plant Protection Act and implementing
regulations.
The Committee expects that the Administrator and the
Secretary will coordinate and otherwise conduct their
respective reviews in such a manner as not to cause any undue
delay in action being taken on the particular application,
petition or other request pending before them. Nor should any
provision of PRIA be used to delay action by the Administrator
on an application submitted under FIFRA without good cause
shown.
Provisions Under ``PRIA 3''
The following provisions are included in the third
reauthorization of PRIA:
extends the authority of EPA to collect
maintenance fees until 2017;
extends the prohibition on collection of other
registration and tolerance fees to 2019 and 2017, respectively;
establishes a small business cap;
allocates funds for EPA to use for the enhancement
and improvement of IT systems for the registration of
pesticides and tracking of key information;
amends the percentage of maintenance fees devoted
to review of inerts and fast track amendments;
increases registration service fees during the
life of PRIA 3 by 2.5%;
provides that the Administrator shall identify
reforms in processing that would allow it to improve decision
times beyond those provided for in the Act; and
cites new schedule of decision review times.
``PRIA 3'' Tables
The Committee includes in this report an Appendix that
contains ``PRIA 3'' Tables with the applicable schedules of
covered pesticide registrations applications and corresponding
registration service fees and decision time review periods.
Pesticide Biological Opinions
The Committee has been made aware of the dramatically
different views on approaches to assessing and managing
potential risks to fish, wildlife and plant species between the
Environmental Protection Agency (EPA) and the Fish and Wildlife
Service and National Marine Fisheries Service (collectively,
the Services). Consequently, these agencies disagree on
fundamental legal and science policy matters related to their
respective obligations under the Endangered Species Act (ESA)
and the Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA). These scientific disagreements, along with inability
to develop a sound and workable process for consultation under
ESA, threaten public health, agricultural productivity, and
global competitiveness with no commensurate benefit to
threatened and endangered species.
FIFRA requires EPA to evaluate unreasonable risk of harm to
human health or the environment (including fish, wildlife and
``non-target'' plants) before granting pesticide registrations
or amendments to existing pesticide registrations.
FIFRA requires applicants for pesticide registration
actions (registrants) to submit to EPA a robust set of
scientific data to ensure the protection of the environment.
EPA also considers other available data and has the authority
to require additional data from pesticide registrants to ensure
decisions are scientifically sound. EPA's Office of Pesticide
Programs is uniquely staffed to critically evaluate the
voluminous available data on the potential pesticide effects.
ESA provides for an additional level of scrutiny by
requiring federal agencies, such as EPA, to consult with the
Services on ``agency actions'' (such as a pesticide
registration) that could impact threatened or endangered
species or their critical habitats. As part of the consultation
process, the Services issue a ``biological opinion'' which may
recommend additional modifications or restrictions to ``agency
actions.''
In the last decade, EPA has been sued to compel
consultations with the Services for hundreds of products
throughout the nation, and has agreed to do so. These lawsuits
are ``procedural'' in nature citing a lack of ``consultation''
with the Services and rarely attack EPA's underlying analysis
of the science-based record. Most importantly, however, such
lawsuits divert precious government resources from actually
protecting endangered species. Several of the lawsuits filed
have resulted in Court-ordered ``interim'' restrictions on the
use of critical pesticides. In January 2011, an activist group
filed a suit against EPA involving more than 380 pesticides and
214 threatened or endangered species. A suit of this magnitude
could seriously jeopardize agriculture and pest control
activities in 49 states.
The EPA has made significant efforts to meet obligations
under FIFRA and ESA, while the Services have produced
biological opinions that many observers find grossly flawed,
ignore pertinent data, and rely on outdated and irrelevant
studies. Therefore, the five partial consultations conducted
since 2002 have not been fully implemented. As a result, EPA
has not found the Service's recommendations sufficiently based
on sound science to compel registrants to adopt them.
This inability to resolve fundamental scientific issues at
the heart of a consultation involving pesticides led EPA
Administrator Lisa Jackson and the Secretaries of the United
States Department of Agriculture, Department of Interior and
Department of Commerce to recently ask the National Research
Council (NRC) of the National Academy of Sciences (NAS) to
provide guidance on six key scientific issues. This action,
however, does not stop the litigation, nor will it impede
courts from unilaterally imposing unwarranted pesticide
restrictions. In a joint oversight hearing held on May 4, 2011,
between the Committee's on Agriculture and Natural Resources,
it became clear to many of the Committee's respective Members
that the requested NRC study was incomplete and lacking in the
scope necessary to critically review existing biological
opinions in their entirety.
Response for Why Legislation Is Needed
Committee Members have therefore raised numerous concerns
with the failure of the NRC study contract to include unbiased
scientific peer review of the Services' biological opinions as
well as an analysis of the technological and economic
feasibility of the proposed ``Reasonable and Prudent Measures''
or ``Reasonable and Prudent Alternatives''.
To ensure the NRC study addresses the concerns raised by
interested parties during the hearing, the Committee continues
to strongly assert that the following scientific questions must
be included in the NRC study to properly examine the numerous
issues raised by the Services' biological opinions to date.
Questions that the Committee has asked the agency to include in
the NRC contract include:
The NAS recently provided guidance on evaluation of data
quality for EPA Integrated Risk Information System (IRIS)
evaluations. What criteria should the EPA and the Services be
using in evaluating data for acceptability and relative quality
in regulatory decision-making? How should decisions on data
acceptability be documented?
A well defined weight-of-evidence framework would provide
some structure and transparency to the objective assessment of
information relied upon for regulatory decision-making. Is
there a recommended framework for a ``weight-of-evidence''
approach for evaluation of all relevant available data and how
should that framework be applied?
Were apparent incongruities or inconsistencies in available
data appropriately addressed and clearly described in the
Services' biological opinions? Were the implications of the
inconsistencies considered in describing the uncertainty in the
assessment?
Were the rationales used to support jeopardy or adverse
modification determinations well-grounded in empirical
observations? Have the Services clearly articulately the
limitations and uncertainties associated with the effects
determinations?
When worst-case assumptions are made, how should they be
documented to make the level of conservatism apparent,
consistent with Presidential memoranda?
Should uncertainty factors be reduced or eliminated as more
recent empirical data are made available? If so, have the
Services adopted this principle in their effects determinations
conducted to date?
Were the assumptions used to fill data gaps supported by
empirical data, reasonable and clearly articulated?
Were the specific assumptions and inferences used to
support jeopardy and adverse modification determinations
plausible? That is, did the Services include an assessment of
the a priori likelihood that critical assumptions and
inferences would prove true if tested?
Where in the assessment process should the Services involve
the expertise of other federal and state Agencies, as well as
non-federal entities such as growers and other stakeholders, in
the risk assessment process?
The problem formulation includes a description of the
different stressors that are influential on species survival.
How are considerations of key stressors for endangered and
threatened species and the relative significance of their known
or potential impacts incorporated into a jeopardy finding as
part of the Biological Opinion?
How should consideration of key stressors inform the
Reasonable and Prudent Measures (RPMs) or Reasonable and
Prudent Alternatives (RPAs) suggested at the end of the
consultation process? For example, if habitat loss is
identified as the predominant factor impacting a species in
question, how will measures to lessen impact include
consideration of mitigation options that increase or improve
habitat?
How should the Services consider the human health
implications of the impact of proposed mitigation measures on
mosquito population control efforts?
The Committee is likewise concerned that the scope of work
of the NRC must cover direct and indirect economic impacts.
Therefore, it is imperative that any review of these biological
opinions be comprehensive in nature, and address the following
issues pertaining to economic feasibility, consistent with 50
C.F.R. Sec. 402.02 before moving forward with implementation
of any pending or future biological opinions related to FIFRA
registered products.
What factors should the Services consider to make the
determination that proposals are ``technologically feasible''?
What factors should the Services consider to make the
determination that the proposals are ``economically feasible''?
Can you recommend an appropriate framework for conducting a
benefit-cost analysis (BCA) for determining and documenting
economic and technical feasibility?
In addition to a BCA, a cost-effectiveness analysis (CEA)
can provide a rigorous way to identify and evaluate options
that achieve the most effective use of the resources available.
Can you recommend an appropriate framework for conducting a CEA
to evaluate a range of possible alternatives under
consideration?
For both BCAs and CEAs how should the Services document and
analyze important uncertainties associated with proposed RPAs?
Furthermore, to what extent is it recommended that the Services
provide a sensitivity analysis to reveal whether, and to what
extent, the results of the analysis are sensitive to plausible
changes in the main assumptions and inputs?
To what extent is it recommended that the Services identify
and consider important ancillary benefits and countervailing
risks related to proposed RPAs? (For example, potential
reduction in habitat resulting from changes in land management
practices in response to proposed restrictions.)
Taken together, these questions represent a reasonable
basis on which to achieve scientific consensus. The Committee
urges the EPA, USDA and Services' to take such action as is
necessary to amend, supplement or reinitiate the request to the
NRC to ensure that their work, once completed will be thorough
and defensible.
The Federal Insecticide, Fungicide, and Rodenticide Act
The Federal Insecticide, Fungicide, and Rodenticide Act
(``FIFRA'') is a regulatory statute that governs the sale and
use of pesticides in the United States through the registration
and labeling of such products. Its objective is to protect
human health and the environment from unreasonable adverse
effects of pesticides, taking into account the costs and
benefits of various product uses. Pesticides regulated under
FIFRA include insecticides, herbicides, fungicides,
rodenticides, and other designated substances. The
Environmental Protection Agency (``EPA'') reviews scientific
data submitted by chemical manufacturers on toxicity and
behavior in the environment to evaluate risks and exposure
associated with a product's use.
FIFRA prohibits the sale of any pesticide unless it is
registered and labeled indicating approved uses and
restrictions. It is a violation of Federal law to use such a
chemical in a manner that is inconsistent with the label
instructions. If a registration is granted, EPA makes a finding
that the chemical `when used in accordance with widespread and
commonly recognized practice it will not generally cause
unreasonable adverse effects on the environment.' (7 U.S.C.
136a(c)(5)(D)). EPA then specifies the approved uses and
conditions of use of the pesticide, and this is required to be
explained on the product label.
The Clean Water Act
The objective of the Federal Water Pollution Control Act
(commonly known as the ``Clean Water Act'' or the ``CWA'') is
to restore and maintain the chemical, physical, and biological
integrity of the nation's waters. The primary mechanism for
achieving this objective is the CWA's prohibition on the
discharge of any pollutant without a National Pollutant
Discharge Elimination System (``NPDES'') permit. EPA has the
authority to regulate the discharge of pollutants either
through general permits or through individual permits. NPDES
permits specify limits on what pollutants may be discharged
from point sources and in what amounts. Under the CWA, 47
states and territories have been authorized to implement NPDES
permits and enforce permits. EPA manages the Clean Water Act
program in the remaining states and territories.
NPDES permits are the basic regulatory tool of the CWA. EPA
or an authorized state may issue compliance orders, or file
civil suits against those who violate the terms of a permit. In
addition, in the absence of Federal or state action,
individuals may bring a citizen suit in United States district
court against those who violate the terms of an NPDES permit,
or against those who discharge without a valid permit.
Litigation
In over 30 years of administering the CWA, EPA had never
required an NPDES permit for the application of a pesticide,
when the pesticide is applied in a manner consistent with FIFRA
and its regulations. While the CWA contains a provision
granting citizen suits against those who violate permit
conditions or those who discharge without an NPDES permit,
FIFRA has no citizen suit provision. As a result, beginning in
the late 1990s, a series of citizen lawsuits were filed by
parties, contending that an NPDES permit is necessary when
applying a FIFRA-regulated product over, into, or near
waterbodies. These cases generated several Court of Appeals
decisions that created confusion and concern among pesticide
users regarding the applicability of the CWA with regard to
pesticide use.
As the litigation continued, concern and confusion grew
among farmers, forest landowners, and public health officials,
prompting EPA to issue interim, and later final, interpretive
guidance in August 2003 and January 2005, and then to undertake
a rulemaking to clarify and formalize the Agency's
interpretation of the CWA as it applied to pesticide use. The
EPA rule was finalized in November 2006 (71 Fed. Reg. 68483
(Nov. 27, 2006)), and was the culmination of a three year
participatory rulemaking process that began with the interim
interpretive statement in 2003 and involved two rounds of
public comment.
The 2006 EPA rule codified EPA's long-standing
interpretation that the application of chemical and biological
pesticides for their intended purpose and in compliance with
pesticide label restrictions is not a discharge of a
``pollutant'' under the CWA, and therefore, that an NPDES
permit is not required. The rule clearly defined specific
circumstances in which the use of pesticides in accordance with
all relevant requirements under FIFRA is not a CWA ``discharge
of a pollutant,'' explaining in detail the rationale for the
Agency's interpretation.
When the rule was finalized, environmental groups, as well
as farm and pesticide industry groups, filed petitions for
review of the rule in several Federal Circuit Courts of Appeal.
The petitions were consolidated in the Sixth Circuit. The Sixth
Circuit ultimately vacated the rule on January 7, 2009 in
National Cotton Council v. EPA (553 F.3d 927; hereinafter,
National Cotton Council), concluding that the final rule was
not a reasonable interpretation of the CWA's permitting
requirements. The court rejected EPA's contention that, when
pesticides are applied over, into, or near waterbodies to
control pests, they are not considered pollutants as long as
they comply with FIFRA, and held that NPDES permits are
required for all pesticide applications that may leave a
residue in water.
EPA estimated that the ruling would affect approximately
365,000 pesticide applicators that perform some 5.6 million
pesticide applications annually. The court's decision, which
would apply nationally, was to be effective seven days after
the deadline for rehearing expired or seven days after a denial
of any petition for rehearing. Parties had until April 9, 2009
to seek rehearing.
On April 9, 2009, the government chose not to seek
rehearing in the National Cotton Council case. The government
instead filed a motion to stay issuance of the court's mandate
for two years to provide EPA time to develop an entirely new
NPDES permitting process to cover pesticide use. As part of
this, EPA needed to propose and issue a final NPDES general
permit for pesticide applications, for states to develop
permits, and for EPA to provide outreach and education to the
regulated community. Industry groups filed a petition seeking
en banc review, asking the full Sixth Circuit to reconsider the
decision from the three-judge panel.
On June 8, 2009, the Sixth Circuit granted EPA a two-year
stay of the court's mandate, in response to their earlier
request. The Sixth Circuit denied the industry groups' petition
for rehearing in August 2009. The court-ordered deadline for
EPA to promulgate a new permitting process for pesticides under
the Clean Water Act was April 9, 2011. On March 3, 2011, EPA
filed another request for an extension with the court. On March
28, 2011, the Sixth Circuit granted an extension through
October 31, 2011. The Court's extension only temporarily
postponed the need for an NPDES permit for pesticide use, and
did not obviate the need for this legislation.
Two petitions were filed with the U.S. Supreme Court in
December 2009 by representatives of the agriculture community
and the pesticide industry, requesting that the U.S. Supreme
Court review the National Cotton Council case. A number of
parties, including numerous Members of Congress, filed amicus
briefs with the U.S. Supreme Court, in support of or opposition
to the petitions. On February 22, 2010, the U.S. Supreme Court
denied the petitioners' request without comment.
EPA development of a new permitting process to cover pesticide use
EPA continued to move ahead and developed a new NPDES
permitting process to cover pesticide use, and on October 31,
2011, EPA issued a final NPDES Pesticide General Permit for
point source discharges from the application of pesticides to
waters of the United States. The permit covers four pesticide
uses: (1) mosquito and other flying insect pest control; (2)
aquatic weed and algae control; (3) aquatic nuisance animal
control; and (4) forest canopy pest control. It does not cover
terrestrial applications to control pests on agricultural crops
or forest floors, and does not cover activities exempt from
permitting under the CWA (irrigation return flow, agricultural
stormwater runoff) and discharges that will require coverage
under an individual permit, such as discharges of pesticides to
waterbodies that are considered impaired under CWA Sec. 303(d)
for that discharged pesticide. This general permit provides
coverage for discharges in the states where EPA is the NPDES
permitting authority. In the remaining states, the states are
authorized to develop and issue the NPDES pesticide permits.
Implications
The Committee has received testimony and other information
on the implications of the Sixth Circuit's holding in the
National Cotton Council case, and the new permitting process
that EPA has had to develop under the CWA as a result of that
holding, on state and local agencies, mosquito control
districts, water districts, pesticide applicators, agriculture,
forest managers, and other stakeholders. On February 16, 2011,
the Subcommittee on Water Resources and Environment of the
House Committee on Transportation and Infrastructure held a
joint hearing with the Nutrition and Horticulture Subcommittee
of the House Committee on Agriculture to consider means for
reducing the regulatory burdens posed by the case, National
Cotton Council v. EPA (6th Cir. 2009), and to consider related
draft legislation.
Despite being limited to four categories of pesticide uses,
EPA's new general permit for covered pesticides stands to be
the single greatest expansion of the permitting process in the
history of the NPDES program. EPA has estimated that it can
expect approximately 5.6 million covered pesticide applications
per year by approximately 365,000 applicators--virtually
doubling the number of entities currently subject to NPDES
permitting. (U.S. EPA, Fact Sheet for 2010 Public Notice of:
Draft National Pollutant Discharge Elimination System (NPDES)
Pesticides General Permit (PGP) for Discharges from the
Application of Pesticides to or over, including near Waters of
the U.S., at 14, available at http://www.epa.gov/npdes/pubs/
proposedXpgpXfs.pdf.)
With this unprecedented expansion comes real and tangible
burdens for EPA and the states that will have to issue the
permits, those whose livelihoods depend on the use of
pesticides, and even everyday citizens going about their daily
lives.
EPA has said that they will be able to conform the current
process to meet the Sixth Circuit's mandate. Even so, much of
the responsibility of developing and issuing general permits
falls on the states. Forty-five states (and the Virgin Islands)
are now facing increased financial and administrative burdens
in order to comply with the new permitting process. In a time
when too many states are being forced to make difficult
budgetary cuts, the nation cannot afford to impose more
financial burdens.
The expanded permitting process also imposes enormous
burdens on pesticide users who encompass a wide range of
individuals from state agencies, city and county
municipalities, mosquito control districts, water districts,
pesticide applicators, farmers, ranchers, forest managers,
scientists and others. The new and duplicative permitting
process is increasing both the administrative difficulty and
costs for pesticide applicators to come into compliance with
the law. Compliance no longer means simply following
instructions on a pesticide label. Instead, applicators have to
navigate a complex process of identifying the relevant permit,
filing with the regulatory authority a valid notice of intent
to comply with the permit and having a familiarity with all of
the permit's conditions and restrictions. Along with increased
administrative burdens comes an increased monetary burden.
Estimates are that the cost associated with the EPA permit
scheme to small businesses could be as high as $50,000 per
business, annually.
In addition to the costs of coming into compliance,
pesticide users are subject to an increased risk of litigation
and exorbitant fines. Applicators not in compliance face fines
of up to $37,500 per day per violation, not including
attorney's fees. Given the fact that a large number of
applicators have never been subject to NPDES and its permitting
process, even a good faith effort to be in compliance could
fall short. Moreover, the CWA allows for private actions
against individuals who may or may not have committed a
violation. Thus, while EPA may exercise its judgment and
refrain from prosecuting certain applicators, they remain
vulnerable to citizen suits. Unless Congress acts, hundreds of
thousands of farmers, foresters, and public health pesticide
users will remain under the constant threat of lawsuits, now
that the Sixth Circuit's April 9, 2011 deadline has passed.
It is not only pesticide regulators and applicators who are
being affected by the new permitting requirements. Rather, the
Sixth Circuit's decision is affecting everyday citizens, who
rely on the benefits provided by pesticides and their
responsible application. Pesticide use is an essential part of
agriculture. Imposing a burdensome and duplicative permitting
process on our nation's farmers threatens their ability to
continue to provide the country with a safe and reliable food
supply. Many family farmers and small applicators lack the
resources to ensure compliance with a cumbersome and detailed
permit scheme. Moreover, for those farmers who are able to
comply, delays that are inherent in permitting schemes are ill-
suited for prompt pest control actions necessary in
agriculture. Failure to apply a pesticide soon after a pest is
first detected could result in recurring and greater pest
damage in subsequent years if a prolific insect were to become
established in plant hosts. The Secretary of Agriculture, Hon.
Thomas J. Vilsack, has said that a permitting system under the
CWA for pesticide use ``is ill-suited to the demands of
agricultural production.'' (Letter, Hon. Thomas J. Vilsack,
Secretary of Agriculture, to Hon. Lisa P. Jackson,
Administrator, U.S. Environmental Protection Agency, Subject:
The National Cotton Council of America, et al., v. United
States Environmental Protection Agency (Mar. 6, 2009)).
Forest landowners also stand to suffer under the new permit
scheme. EPA's permit scheme stands to result in a reduction in
the use of forest pest control as a forest management tool,
resulting in the acceleration of tree mortality and general
decline in overall forest health. It also is erecting barriers
for the control of pests, such as Gypsy Moth and Forest Tent
Caterpillar. This may result in a higher incidence of
preventable tree kills and defoliated landscapes.
The Committee also recognizes the importance of the aerial
application of pest control tools. These tools are useful not
only to ensure overall food safety and food security, but also
to promote public health through improved mosquito control
techniques. The ARS Aerial Application Technology Program
conducts innovative research making aerial applications more
efficient, effective, and precise. This program has yielded
more effective public health control programs, as well as
increased efficiencies and greater crop production. Research
for aerial application serves the public interest as a vital
tool for the future.
Finally, the Sixth Circuit's holding could have significant
implications for public health. The National Centers for
Disease Control officially recognizes the following as a
partial list of mosquito-borne diseases--Eastern Equine
Encephalitis, Japanese Encephalitis, La Crosse Encephalitis,
St. Louis Encephalitis, West Nile Virus, Western Equine
Encephalitis, Dengue Fever, Malaria, Rift Valley Fever, and
Yellow Fever. (Centers for Disease Control and Prevention,
http://www.cdc.gov/ncidod/diseases/listXmosquitoborne.htm.)
EPA's permit program poses the possibility of critical delays
in emergency responses to insect and disease outbreaks and
stands to divert resources from controlling environmental pests
to litigation and administrative burdens.
Development of legislation in response to the Sixth Circuit decision
As a result of concerns raised by Federal, state, local,
and private stakeholders regarding the interrelationship
between FIFRA and the CWA and the concerns posed by the new and
duplicative permitting process under the CWA, the House
Committee on Transportation and Infrastructure and House
Committee on Agriculture sought technical assistance from EPA
to draft very narrow legislation targeted only at addressing
the Sixth Circuit's holding in National Cotton Council and
return the state of pesticide regulation to the status quo--
before the courts got involved. The Provisions of Section 10017
are based on the technical assistance that EPA provided to the
Committees, and is intended to be consistent with EPA's final
rule from November 2006. The bill amends FIFRA and the CWA to
eliminate the requirement of an NPDES permit for applications
of pesticides authorized for sale, distribution, or use under
FIFRA.
Sulfuryl Fluoride
On May 1, 2012, EPA published a Federal Register notice 77
Fed. Reg. 25661 requesting additional comment on several issues
raised during the agency's January 19, 2011, request for
comments on the proposed tolerance revocation and stay request
for the pesticide sulfuryl fluoride. In its latest request, EPA
asked the public to provide additional information on several
issues that were raised by commenters on EPA's earlier
proposal, including certain legal issues regarding the
implementation of Federal Food, Drug, and Cosmetic Act section
408 and factual issues regarding the availability of
alternatives to sulfuryl fluoride and impacts that would result
if it were no longer available as a fumigant.
The Committee appreciates the EPA's efforts to come to
terms with what the Agency admits are ``the unusual
circumstances'' surrounding the application of certain risk
assessment policies in a situation where the vast majority of
exposure results from fluoride sources other than sulfuryl
fluoride, including naturally occurring sources. The current
proposal continues however to cast doubt over the use of an
important pesticide that, with the strong encouragement of the
EPA, was adopted by the agriculture and food industries. The
Committee is concerned that the reluctance to use sulfuryl
fluoride by producers and related businesses during a lengthy
administrative process may contribute to higher food costs and
pose considerable challenges to maintaining food safety. For
that reason, the Committee urges the EPA Administrator to
withdraw the proposed order until such time as the relevant
legal and factual issues have been resolved.
Title XI--Crop Insurance
Over the course of the past 20 years, the United States has
gone from ensuring 83 million acres to 264 million acres, a 218
percent increase. Over that same period, the value of
production protected by crop insurance has risen from roughly
$11.3 billion in 1992 to $113.5 billion in 2011. Vast
improvements in crop insurance over the past 20 years have
resulted in growers taking up this tool as the cornerstone of
their risk management strategy. With crop insurance, farmers
have ``skin'' in the game, paying in a record $4.5 billion in
crop insurance premiums in 2011.
Through several audit, field, and Washington-based hearings
in preparation for writing the farm bill--along with countless
meetings with farmers and farm groups--the resounding message
the Committee heard was that we should do no harm to crop
insurance.
The Committee heeded the message of not harming crop
insurance and has used the opportunity to make several
improvements, building on the tool that has become the
cornerstone of the risk management framework for our nation's
farmers.
Information sharing
The Committee recognizes that many of the errors discovered
in the delivery of crop insurance are due to the agent or the
approved insurance provider not receiving information from the
Farm Service Agency or not receiving that information in a
timely manner. The Committee expects the Department of
Agriculture to ensure that the Farm Service Agency (FSA) shares
information with agents and approved insurance providers (AIPs)
in a timely manner to ensure effective coverage for producers
and to reduce errors.
Publication of information on violations of prohibition on premium
adjustments
The Committee has consistently sought to enjoin rebating
under federal crop insurance. The Committee remains concerned
about inadequate enforcement, as well as overly broad
interpretations of the very limited exceptions that have been
statutorily granted. The Committee expects the Department to
enhance enforcement efforts, give the narrowest application to
the exceptions granted, and to publish violations as required
by this section in order to provide clear guidance on what is
permissible under the statute. That being said, finite
enforcement resources and judgment require the Department to
focus on activities that are serious and plain violations
rather than discovering ``rebates'' in long-standing business
practices that have, heretofore, existed in harmony alongside
anti-rebating rules without a detrimental effect on crop
insurance.
Supplemental Coverage Option
The Committee recognizes that budget conditions have
greatly limited the resources available under Title I of the
Farm Bill and that this requires the Department to use
authorities granted under the Federal Crop Insurance Act to
help fill at least a part of the void. The Supplemental
Coverage Option (SCO), which statutorily requires that
producers be allowed to supplement individual yield or revenue
policies with area-based yield or revenue policies on the same
acreage, is an essential part of this effort and, as such, must
be made available for the 2013 crop year for all producers in
all counties seeking such coverage.
The Committee understands that the Department has cited
limited data as a possible reason to delay availability in
certain counties and for certain crops. However, the Committee
observes that this section and section 11008 of this Act
greatly enhances the Department's capacity to gather and use
the necessary data for timely implementation for the 2013 crop
year. The Committee particularly expects that SCO will also be
implemented for the 2013 crop year for crops that have a
history of low participation and coverage levels under crop
insurance, including rice and peanuts in all counties where
these crops are produced. The Committee encourages the
Department to work to ensure that price discovery issues do not
impede availability of SCO to any producer, including producers
of medium grain rice.
Finally, the Committee would note that the Federal Crop
Insurance Act is a broad grant of statutory authority which
already authorizes SCO even without the express grant now
provided under this section. The Committee is concerned that
specific legislation is frequently required to address producer
needs that could and should be met under the general grant of
authority and urges the Department to exercise its authority to
meet producer needs under this general grant rather than wait
for Congress to require it. This is both in the interest of
producers and to ensure that the broad, organic statute does
not become a patchwork of specific requirements.
The Committee also expects that the Department will approve
margin coverage in time for the 2013 crop year and specifically
grants legal authority to offer such coverage under the Act.
The Committee would note in this instance as well as in the
case of SCO that such legal authority already exists without
the express approval of margin coverage under this section.
Moreover, the Committee is concerned that the Department is
applying the limitations imposed under the Federal Crop
Insurance Act, generally, on the development of new policies
under section 508(h) of the Federal Crop Insurance Act when the
Act expressly instructs the Department not to do so. Section
508(h)(2) specifically excuses section 508(h) submissions from
limitations generally applicable under the statute, yet the
Department has applied these limitations nevertheless. The
Committee expects the Department to give meaning to the
statutory instruction that ``a policy or other material
submitted to the Board under this subsection may be prepared
without regard to the limitations contained in this subtitle''
without the need for a statutory restatement. Finally, the
Committee expects that a producer may purchase additional
coverage, margin coverage, and SCO on the same acreage since
margin coverage is meant to be a supplement to additional
coverage.
Repeal of performance-based discount
The Committee notes that any number of discounts or rebates
have been tested in previous years and have failed. Amendments
to the statute made in this Act and previous Acts have largely
eliminated the authority for discounts and rebates and the
inequities on produces and increased burdens on delivery that
these schemes tend to generate. For this reason, the Committee
expects the Department to avoid the expansion of activities
operating under any authorities that remain.
Permanent Enterprise Unit Subsidy
The Committee would observe that the Department has the
authority to carry out the enhanced premium support of
Enterprise Units without the express authority the Committee
now grants in this section. The Committee expects the
Department to continue to carry out the enhanced premium
support of Enterprise Units in a manner that makes such an
election at least as cost-effective to producers as it was
prior to enactment of this legislation.
Enterprise Units for Irrigated and Non-Irrigated Crops
The Committee restates that authority already exists to
achieve this important goal for producers and expects the
Department to implement this section in time for the 2013 crop
year as required by this amendment to the statute.
Data collection
The authority granted under this section is to ensure,
among other things, that SCO and the Stacked Income Protection
Plan for Upland Cotton (STAX) are offered in all counties for
the 2013 crop year.
Adjustment in actual production history to establish insurance yields
The Committee intends to reduce the double deductible
producers face due to actual deductibles and those unintended
deductibles created by artificially low Actual Production
Histories (APHs). The Committee urges an aggressive effort to
address this problem through the use of the authorities under
this section and other authorities, including through a greatly
expanded use of personal T-Yields and other effective
approaches.
Submission and approval of pilot programs and other policies
For the same reason, the Committee elected not to make
changes to the private submission process established under
section 508(h) of the Federal Crop Insurance Act in order to
foster the greatest possible flexibility in the development of
policies that will effectively serve producers. The Committee
expects that a revenue policy for peanut producers as well as
margin coverage and downed rice coverage for rice producers
will be made available to producers in time for the 2013 crop
year. The Committee further expects the Department to approve
the separating of enterprise units by risk rating so that such
enterprise unit coverage is available in time for the 2013 crop
year.
Equitable relief for specialty crop producers
The Committee recognizes that specialty crop contracts were
especially and unfairly impacted by the Standard Reinsurance
Agreement (SRA) and provides $41 million for each of the 2011
through 2015 reinsurance years in order to mitigate the adverse
impacts. With respect to future reinsurance years to which this
section applies, the Committee intends that the additional
amounts provided to approved insurance providers be paid to
agents at the same time as amounts paid pursuant to the ``soft
cap'' on administrative and operating expenses.
The Committee further intends that the disbursements made
under this section be paid without regard to the conditions
imposed on the payment of administrative and operating expense
amounts above the ``soft cap.'' Finally, the Committee expects
the Department to ensure that amounts made available with
respect to previous or current reinsurance years are disbursed
by approved insurance providers to agents in a manner
consistent with payments made in those years under the ``soft
cap.''
The Committee underscores that the provision of this
equitable relief does not in any way provide statutory assent
to the administrative imposition of limits on administrative
and operating expenses or compensation to agents under the SRA.
Budget limitations on renegotiation of the standard reinsurance
agreement
The Committee expects the Department to negotiate budget
neutral Standard Reinsurance Agreements. To the extent that
there are any savings from such an agreement, such savings must
be used to increase premium assistance to producers, enhance
administrative and operating expense reimbursement to ensure
effective delivery, or fund pilot programs. The Committee notes
the extraordinary cuts made in the last SRA, much through
administratively imposed restrictions on administrative and
operating expense reimbursement and on agent compensation
although authority for such restrictions is not to be found in
statute. While the statute is broad, it expressly states
administrative and operating expense reimbursement rates, and
had never before been construed to authorize government
intervention into private contracts between approved insurance
providers and agents.
The Committee recognizes the covenants not to sue over
these provisions, imposed on approved insurance providers who
are privy to a contract with the federal government and on
agents who are not privy to contract, as an acknowledgement by
the Department of these issues. The Committee expects that the
Department will consult the committees of jurisdiction more
closely in future negotiations of the SRA, correct the
overreaches of the 2011 SRA, and consult with agent
representatives in such negotiations given the impact the SRA
now has on agents both in terms of finances and workload. The
Committee also recognizes that agents are the eyes and ears of
crop insurance on the ground and encourages the Department to
involve agents in the promulgation of rules, regulations, and
policies of crop insurance in order to preempt program
vulnerabilities before they occur.
Crop production on native sod
The Committee considered this issue carefully and opted to
confine the section's reach to the Prairie Pothole National
Priority Area. The section contains prescriptive requirements
and also broader authority to effectuate its purpose. The
Committee expects the Department to exercise any discretion it
may have in carrying out this section in a manner that is
balanced and not overly onerous on producers.
Coverage levels by practice
The Committee expects the Department to allow producers to
elect different coverage levels by irrigation practice
beginning with the 2014 crop year as provided for in this
section. However, the Committee encourages the Department to
implement this section earlier if practicable.
Beginning farmer and rancher provisions
The Committee expects the Department to carry out this
section in a manner that imposes minimal burden on beginning
farmers and ranchers, producers, approved insurance providers,
and agents.
Stacked income protection plan for producers of upland cotton (STAX)
In order to address a World Trade Organization (WTO)
dispute, U.S. cotton policy is fundamentally altered under the
provisions of this Act, sharply limiting cotton producer
support under the commodity title to the marketing loan. The
Committee expects such coverage to be offered to all cotton
producers in all counties in time for the 2013 crop year. The
section would provide the bulwark of risk management for cotton
producers through crop insurance and so this section's
implementation in 2013 is essential. Provisions in this section
and section 11008 enable the Department to implement this
policy for cotton producers in a timely manner. The Committee
expects the Corporation to cover the costs of that portion of
indemnities attributable to the reference price.
Peanut revenue crop insurance
The Committee expects the peanut revenue policy required
under this section to be made available in time for the 2013
crop year. With substantially declining support under the
commodity title, producers are expected to assume greater
responsibility in managing price and production risks on the
farm. In order to achieve this, all producers of all crops in
all regions need access to risk management tools that they can
purchase that are cost-effective on their operations.
Authority to correct errors
The Committee views the sharing of information required
under section 11001 and the authority to correct errors as key
components to ensuring that producers have effective coverage
in place at the time of a loss and to protecting program
integrity. The Committee expects the Department to implement
this section in a manner that does not eliminate any
authorities or practices preexisting the enactment of this Act
that permit the correction of errors but rather as additive
authority.
The Committee relied heavily upon the Department for its
drafting and policy expertise in crafting this section, the
spirit of which is intended by the Committee to allow the
correction of unintentional errors to the maximum extent
practicable. Neither program nor producer is served if coming
forward with unintentional errors is punished as it may chill
attempts at correction while leaving the producer without
coverage if and when the error is discovered.
Implementation
The Committee expects the Department to work closely with
the FSA, the RMA, approved insurance providers, and agent and
producer representatives in developing any acreage report
streamlining initiative project to ensure that the best
interests of the producer are served.
Research and development priorities
The Committee expects the Department to make the
development of policies that increase the participation of
underserved commodities a priority, particularly policies
serving sweet sorghum, biomass sorghum, rice, peanuts, and
sugarcane.
Additional research and development contracting requirements
The Committee expects the Department to develop effective
margin coverage for catfish producers and further emphasizes
the need for the development of policies that effectively serve
energy-dedicated biomass sorghum and sweet sorghum, as is
required under this Act.
Pilot programs
The Committee expects this provision to further remove
unnecessary impediments to the initiation of pilot programs
designed to test the effectiveness of risk management tools for
producers.
Noninsured crop assistance program (NAP)
The Committee is concerned that the improvements to NAP not
impede the development of crop insurance policies for crops
served by NAP. The Committee affirms the goal of developing
effective crop insurance policies for all producers, crops, and
regions so that producers meaningfully pay for the risk
management coverage on their operations. Reliance on NAP should
be a last resort.
The Committee recognizes the need for NAP to provide
financial assistance to producers of non-insured crops, such as
fern fronds, when low yields, loss of inventory, or prevented
planting occurs due to natural disasters. With respect to NAP
coverage, the Committee expects the inventory values of fern
fronds to be counted separately from rooted fern plants.
Title XII--Miscellaneous
Mandatory Country of Origin Labeling Report
On June 29, 2010 the World Trade Organization finalized the
ruling on Canadian and Mexican challenges to the United States'
mandatory country of origin law with respect to beef and pork.
The decision was adverse to elements of mandatory country of
origin labeling. A question remains as to whether or not the
issue can be resolved administratively or require changes in
the statute. The Committee expects that the Secretary will
report to Congress how the Administration will bring the
Administration into compliance with this decision. The
Committee does not intend this provision to presuppose that
determination.
GIPSA
The Committee addresses regulations prompted by Section
11006 of the Food, Conservation, and Energy Act of 2008, which
were proposed by the U.S. Department of Agriculture on June 22,
2010 and titled ``Implementation of Regulations Required Under
Title XI, of the Food, Conservation and Energy Act of 2008''.
On July 20, 2010, the Livestock, Dairy & Poultry Subcommittee
of the House Committee on Agriculture conducted a hearing on
Farm Bill programs under its jurisdiction administered by USDA.
During the hearing a broad array of concerns were expressed by
Members of the Committee. Members asserted that the proposed
rule went far beyond the scope of the Farm Bill, lacked a sound
economic analysis necessary to judge both the need and utility
of the proposed rule and may have been the result of a flawed
rulemaking process.
On October 1, 2010, 115 Members of the House wrote the
Secretary of Agriculture requesting a cost benefit analysis
that has yet to be conducted. On April 6, April 13, and May 4,
2011 the Livestock, Dairy & Poultry Subcommittee conducted
hearings on the beef, pork, and poultry sectors respectively.
During these hearings, representatives from the beef, poultry
and pork sectors testified about the challenges facing their
communities, including the proposed GIPSA regulation. On May
18, 2011, 147 Members wrote the Secretary requesting him to
withdraw the rule and repropose with an economic analysis.
The FY 2012 Agriculture Appropriations, H.R. 2112,
contained Section 721 barring USDA work on major portions of
proposed rule. The Appropriations Committee-reported
appropriations for FY 2013, H.R. 5973, contains Section 719,
barring USDA action on these same components of the proposed
rule and repealing three items on which the Administration had
completed rulemaking.
The Committee asserts that the Packers and Stockyards Act
has an important role to play in our livestock markets. That
said, the Committee continues to express its concerns with
actions taken thus far to implement the 2008 amendments. The
Committee action seeks to codify language similar to that
adopted in 2011 with Section 721 of H.R. 2112 as modified by
Section 719 of H.R. 5973, except that the Committee reported
bill would prohibit the Secretary from issuing similar
regulations or adopting similar policies in the future.
Meat and Poultry Processing Report
The Committee reported bill directs the Secretary to submit
a report to Congress detailing steps that the Department can
take to better meet the needs of federally and State inspected
small and very small meat and poultry slaughter and processing
plants, and to improve the electronic submission and approval
process for labels. As it weighs various options to improve
public access to label approval process information, the
Committee suggests the Department consider publishing a user-
friendly web page that includes relevant information.
The Committee intends that in developing the report, the
Secretary will include input from niche market livestock and
poultry producers. The report should build upon and update, as
appropriate, the 2006-2007 FSIS Strategic Implementation Plan
for Strengthening Small and Very Small Plant Outreach, and
should focus on assistance that can be offered to meet the
requirements of the Federal Meat Inspection Act and the Poultry
Products Inspection Act. In addition, the Committee intends
that the Secretary will consider the needs of custom and mobile
slaughter and processing plants in meeting the requirements for
receiving USDA official marks of inspection.
Section-By-Section
Sec. 1. Short Title; Table of Contents
Sec. 2. Definition of Secretary of Agriculture
Title I--Commodities
SUBTITLE A--REPEALS AND REFORMS
Sec. 1101. Repeal of Direct Payments
Section 1101 repeals direct payments effective with the
2013 crop year.
Sec. 1102. Repeal of Counter-Cyclical Payments
Section 1102 repeals the counter-cyclical payments
effective with the 2013 crop year.
Sec. 1103. Repeal of Average Crop Revenue Election Program
Section 1103 repeals the Average Crop Revenue Election
(ACRE) program effective with the 2013 crop year.
Sec. 1104. Definitions
Section 1104 contains majority and all common definitions
for the Title.
Sec. 1105. Base Acres
Section 1105 continues the Secretary's authority to provide
for adjustments to base acres for covered commodities and
cotton when a CRP contract is terminated, acres are released
from the CRP or when the Secretary designates additional
oilseeds in the same manner as current law.
Sec. 1106. Payment Yields
Section 1106(a) continues the Secretary's authority to
establish payment yields for each farm for any designated
oilseed that does not have a payment yield.
Section 1106(b) continues the method of determining the
payment yield for designated oilseeds in the same manner as
current law.
Section 1106(c) authorizes the Secretary to establish a
payment yield if no payment yield is otherwise established for
a covered commodity using the program payment yields of
similarly situated farms.
Section 1106(d) In time for the 2013 crop year, the owner
of the farm can update the payment yields of each covered
commodity once.
Sec. 1107. Farm Risk Management Election
Section 1107(a) states that producers with more than 10
planted acres of covered commodities may elect Price Loss
Coverage or Revenue Loss Coverage.
Section 1107(b) makes producers eligible for a price loss
coverage payment for covered commodities for the 2013-2017 crop
years when the effective price for a covered commodity is less
than the reference price for the covered commodities. The
effective price is the higher of the national average market
price for a covered commodity for the first 5 months of the
marketing year (the midseason price) and the national average
marketing loan rate established in subtitle B. The reference
prices are set in Sec. 1104(16). If a payment is required, the
payment will be the difference between the reference price and
the effective price multiplied by the payment yield (defined in
Sec. 1104(12)) and the payment acres (defined in
Sec. 1104(11)). The Secretary shall make price loss coverage
payments on October 1, or as soon as practicable thereafter,
after the applicable marketing year for the covered commodity.
Section 1107(c) offers an alternative to price loss
coverage. A farmer can make a one-time, irrevocable election on
a crop by crop, farm by farm basis to receive revenue loss
coverage. Farmers will receive revenue loss coverage payments
for the 2013-2017 crop years when the actual county revenue for
a covered commodity in a crop year is less than the county
revenue loss trigger for the covered commodity.
The actual farm revenue is the product of multiplying the
actual county yield for each planted acre of the covered
commodity and the higher the first 5 months of the marketing
year (the midseason price) or the national average marketing
loan rate established in subtitle B. The county revenue loss
coverage trigger for a covered commodity is 85 percent of the
benchmark county revenue.
The benchmark county revenue is the average historical
county yield of a covered commodity in a county for the most
recent 5 years, excluding the highest and the lowest, subject
to the average national marketing year price. In calculating
the benchmark county revenue the Secretary shall use the higher
of the historical county yield or 70 percent of the historical
county transitional yield. For price the Secretary shall use
the higher of the national marketing year average price or the
reference price (set in Sec. 1104(16)).
The payment rate is the difference between the county
revenue loss coverage trigger for the covered commodity and the
actual county revenue for the crop year for the covered
commodity or 10 percent of the benchmark county revenue for the
crop year for the covered commodity.
If payments are required the payment amount is the
determined by multiplying the payment rate and the payment
acres of the covered commodity on the farm. Payments are to be
made on October 1 or as soon as practicable thereafter, after
the applicable marketing year for the covered commodity.
Sec. 1108. Producer Agreements
Section 1108 states that before a producer of a covered
commodity can receive a payment under section 1107 he or she
must comply with sod buster provisions in subtitle B of title
XII of the '85 act, and the swampbuster provisions of subtitle
C of the title XII of the '85 act, keep the land in agriculture
or conserving use, and effectively control noxious weeds.
If a producer sells or otherwise transfers his farm to
someone else, the new owner or operator must assume all of the
compliance obligations or the right to either the price loss
coverage payment or the revenue loss coverage payment is
terminated.
The producer is still required to submit to the Secretary
acreage reports. Accidental errors in the reports will not
result in loss of payment.
The Secretary shall provide adequate safeguards to protect
the interest of tenants and sharecroppers and for sharing the
payments among the producers on a farm on a fair and equitable
basis.
Sec. 1109. Period of Effectiveness
Section 1109 sets 2013-2017 as the period of effectiveness
for this subtitle.
SUBTITLE B--MARKETING LOANS
Sec. 1201. Availability of Nonrecourse Marketing Assistance Loans for
Loan Commodities
Section 1201 authorizes nonrecourse loans for loan
commodities for 2013-2017 crop years in the same manner as
current law. It also includes a requirement that producers
comply with certain conservation requirements.
Sec. 1202. Loan Rates for Nonrecourse Marketing Assistance Loans
Section 1202 continues current law establishing loan rates
for commodities, except for an adjustment to upland cotton, as
follows for the 2013-2017 crop years:
Wheat, $2.94 (same as current law)
Corn, $1.95 (same as current law)
Grain Sorghum, $1.95 (same as current law)
Barley, $1.95 (same as current law, though now using the
all barley price)
Oats, $1.39 (same as current law)
Upland Cotton, for the 2013 and each subsequent crop year,
the simple average of the adjusted prevailing world price for
the 2 immediately preceding marketing years, but in no case
less than $0.47 per pound or more than $0.52 per pound.
Extra long staple cotton, $0.7977 (same as current law)
Long grain rice, $6.50 (same as current law)
Medium/short grain rice, $6.50 (same as current law)
Soybeans, $5.00 (same as current law)
Other oilseeds, $10.09 (same as current law)
Dry Peas, $5.40 (same as current law)
Lentils, $11.28 (same as current law)
Small Chickpeas, $7.43 (same as current law)
Large Chickpeas, $11.28 per hundredweight (same as current
law)
Peanuts, $355 per ton (same as current law)
Graded wool, $1.15 (same as current law)
Non-graded wool, $0.40 (same as current law)
Honey, $0.69 (same as current law)
Mohair, $4.20 (same as current law)
Sec. 1203. Term of Loans
Section 1203 continues the provisions of the current law on
the terms of loans: 9 months; no extensions.
Sec. 1204. Repayment of Loans
Section 1204 requires the repayment of marketing assistance
loans in the same manner as current law.
Sec. 1205. Loan Deficiency Payments
Section 1205 authorizes loan deficiency payments for 2013-
2017 crop years under same conditions as 2002 Farm Bill.
Sec. 1206. Payments In Lieu of Loan Deficiency Payments for Grazed
Acreage
Section 1206 continues the authorization for payments in
lieu of LDPs for producers who have grazed acreage for the
2013-2017 crop years under in the same manner as current law.
Sec. 1207. Special Marketing Loan Provisions for Upland Cotton
Section 1207 continues the authorization for the President
to issue special import quota for the 2013-2017 crop year in
the same manner as current law using only official USDA data.
Sec. 1208. Special Competitive Provisions for Extra Long Staple Cotton
Section 1208 continues the authorization through July 31,
2013 of the special competitive provisions for extra long
staple cotton in the same manner as current law.
Sec. 1209. Availability of Recourse Loans for High Moisture Feed Grains
and Seed Cotton
Section 1209 continues the authorization for recourse loans
for these crops for the 2013-2017 crop years in same manner as
current law.
Sec. 1210. Adjustment of Loans
Section 1210 authorizes the Secretary to adjust loan rates.
SUBTITLE C--SUGAR
Sec. 1301. Sugar Program
Section 1301 reauthorizes the sugar program requiring the
Secretary to administer the program in the same manner as
current law.
SUBTITLE D--DAIRY
Part I--Dairy Producer Margin Protection and Dairy Market Stabilization
Programs
Sec. 1401. Definitions
Section 1401 defines the terms used in the Dairy Producer
Margin Protection and Dairy Market Stabilization Programs,
including that a ``participating dairy producer'' is a dairy
producer that registers for the dairy producer margin
protection program, and, as a result of the registration, also
participates in the dairy market stabilization program.
Sec. 1402. Calculation of Average Feed Cost and Actual Dairy Producer
Margins
Section 1402 establishes that the average feed cost be
calculated each month using the price of corn, the price of
soybean meal in central Illinois, and the price of alfalfa hay,
as reported by the Secretary.
For use in the margin protection program, directs the
Secretary to calculate the actual dairy producer margin for
each consecutive 2 month period by subtracting the average feed
cost from the all-milk price for that period.
For use in the stabilization program, directs the Secretary
to calculate the actual dairy producer margin for each
preceding month by subtracting the average feed cost from the
all-milk price for that period.
Subpart A--Dairy Producer Margin Protection Program
Sec. 1411. Establishment of Dairy Producer Margin Protection Program
Section 1411 directs the Secretary to establish a dairy
producer margin protection program by providing basic margin
protection payments when margins are less than a $4 threshold
level, and providing supplemental margin protection up to an $8
margin if purchased by the producer.
Sec. 1412. Participation of Dairy Producers in Margin Protection
Program
Section 1412 establishes that all dairy producers in the
United States are eligible to participate in and sign-up for
the margin protection program to receive basic margin
protection, and, if the producer so chooses, to purchase
supplemental margin protection.
Sec. 1413. Production History of Participating Dairy Producers
Section 1413 establishes the production history of
producers.
Sec. 1414. Basic Margin Protection
Section 1414 establishes a basic margin protection program
under which participating dairy producers receive a basic
margin protection payment when the average actual dairy
producer margin falls below $4.00 for a consecutive two-month
period.
Sec. 1415. Supplemental Margin Protection
Section 1415 establishes that a dairy producer may purchase
supplemental margin protection on a yearly basis to protect a
higher level of income than under the basic margin program.
Sec. 1416. Effect of Failure To Pay Administrative Fees and Premiums
Section 1416 mandates that a dairy producer, who elects to
participate in the basic or supplemental margin protection
programs and fails to pay the required administrative fees or
premiums, may not receive basic or supplemental margin
protection payments and remains legally obligated to pay such
fees or premiums.
Subpart B--Dairy Market Stabilization Program
Sec. 1431. Establishment of Dairy Market Stabilization Program
Section 1431 establishes a dairy market stabilization
program which is triggered when the actual dairy producer
margin has been $6 or less per hundredweight of milk for the
immediately preceding 2 months or $4 or less for the
immediately preceding month. If the stabilization program is
triggered, the Secretary will order reduced payments for the
participating producer that exceeds the applicable percentage
of the producer's stabilization base.
Sec. 1432. Threshold for Implementation and Reduction in Dairy Producer
Payments
Section 1432 requires the Secretary to announce that the
stabilization program is in effect and payment reductions are
required.
Sec. 1433. Producer Milk Marketing Information
Section 1433 requires the Secretary to establish a process
to collect the necessary information while the stabilization
program is in effect.
Sec. 1434. Calculation and Collection of Reduced Dairy Producer
Payments
Section 1434 requires handlers to reduce payments to
participating dairy producers during any month in which payment
reductions are in effect.
Sec. 1435. Remitting Monies to the Secretary and Use of Monies
Section 1435 requires handlers to remit to the Secretary an
amount equal to reduced producer payments.
Sec. 1436. Suspension of Reduced Payment Requirement
Section 1436 lists the thresholds at which the Secretary
will suspend the stabilization program.
Sec. 1437. Enforcement
Section 1437 makes it unlawful for any person subject to
the stabilization program to not provide or to delay the
reporting of accurate information and remittance of funds to
the Secretary.
Sec. 1438. Audit Requirements
Section 1438 is the audit requirements for the
stabilization program.
Subpart C--Commodity Credit Corporation
Sec. 1451. Use of Commodity Credit Corporation
Section 1451 requires the Secretary to use the funds and
facilities of the CCC to carry out the program.
Subpart D--Initiation and Duration
Sec. 1461. Rulemaking
Section 1461 exempts the programs from the Administrative
Procedures Act and the Paperwork Reduction Act.
Sec. 1462. Duration
Section 1462 terminates the margin protection program and
the stabilization program on December 31, 2017.
Part II--Repeal or Reauthorization of Other Dairy-Related Provisions
Sec. 1481. Repeal of Dairy Product Price Support and Milk Income Loss
Contract Programs
Section 1481 repeals the dairy price support and milk
income loss programs.
Sec. 1482. Repeal of Dairy Export Incentive Program
Section 1482 repeals the dairy export incentive program.
Sec. 1483. Extension of Dairy Forward Pricing Program
Section 1483 reauthorizes the dairy forward pricing program
through 2020.
Sec. 1484. Extension of Dairy Indemnity Program
Section 1484 reauthorizes the dairy indemnity program
through 2017.
Sec. 1485. Extension of Dairy Promotion and Research Program
Section 1485 reauthorizes the dairy promotion and research
program through 2017.
Sec. 1486. Repeal of Federal Milk Marketing Order Review Commission
Section 1486 repeals the federal milk marketing order
review commission.
Part III--Effective Date
Sec. 1491. Effective Date
Section 1491 states this subtitle is effective October 1,
2012.
SUBTITLE E--SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE PROGRAMS
Sec. 1501. Supplemental Agricultural Disaster Assistance
In general, section 1501 authorizes the continuation of
certain Supplemental Agricultural Disaster Assistance programs,
previously codified in subtitle B of the Federal Crop Insurance
Act, as a standalone provision within the bill.
Section 1501(a) is the definitions section. The section
strikes definitions that are no longer relevant to the title.
Section 1501(b) authorizes the Livestock Indemnity Payments
(LIP) for fiscal years 2012 through 2017. The subsection
authorizes the Secretary to use such sums as necessary of the
funds of the Commodity Credit Corporation to be used to make
livestock indemnity payments to eligible producers for
livestock losses in excess of normal mortality due to adverse
weather or attacks by federally reintroduced animals, such as
wolves or avian predators. It maintains the 75% of the market
value rate for indemnity.
Section 1501(c) authorizes the Livestock Forage Disaster
Program (ELFP) for fiscal years 2012 through 2017. The
subsection authorizes the Secretary to use such sums as
necessary from the Commodity Credit Corporation to provide
compensation to eligible livestock producers for livestock
losses due to grazing losses caused by drought or fire.
Coverage includes native or improved pastureland with permanent
vegetative cover, or land that has crops that are specifically
planted for the purpose of grazing livestock. However, an
eligible livestock producer may not receive assistance for land
used for haying or grazing under the Conservation Reserve
Program. The language maintains the payment rate for losses
caused by drought for 1 month at equal to the lesser of 60
percent of the lesser of the monthly feed cost for all covered
livestock owned or leased by the eligible producer, or the
monthly feed cost calculated by using the normal carrying
capacity of the eligible grazing land of the eligible livestock
producer. Fire losses continue to be limited to fires that have
occurred on federally managed land. The section maintains the
payment rate for losses due to fire at equal to 50 percent of
the monthly feed costs for the total number of livestock
covered by the Federal lease of the eligible livestock
producer. The language eliminates the minimum risk management
purchase requirement.
Section 1501(d) authorizes the Emergency Assistance for
Livestock, Honey Bees, and Farm-Raised Fish (ELAP) for fiscal
years 2012 through 2017. The subsection authorizes the
Secretary to use $20,000,000 of the funds of the Commodity
Credit Corporation to provide emergency relief for producers to
aid in the reduction of loss due to disease and adverse
weather. The language clarifies that that loss due to disease
includes losses from cattle tick fever. The subsection
maintains the provision that the funds shall remain available
until expended.
Section 1501(e) authorizes the Tree Assistance Program
(TAP) for fiscal years 2012 through 2017. The Secretary is
authorized to use such sums as are necessary of the funds of
the Commodity Credit Corporation to provide assistance to
orchardists and nursery growers for losses of trees due to
natural disaster. The language provides a reimbursement rate of
65% of the cost of replanting trees for losses in excess of 15%
mortality. The language increases the payment cap under TAP to
$125,000 per crop year. It further maintains the 500 acre limit
on total number of acres planted in trees or tree seedlings for
which a person or legal entity shall be entitled to receive
payments under this subsection.
Section 1501(f) includes the payment limitation for the
entire section. The language increases the payment cap for
total amount of disaster assistance payments, excluding TAP
payments, to $125,000 received, either directly or indirectly,
by a person or legal entity. The language eliminated the AGI
limitation for payments under this section. It further
maintains the application of direct attribution provisions to
this section.
SUBTITLE F--ADMINISTRATION
Sec. 1601. Administration Generally
Section 1601 allows the Secretary to use the funds and
facilities of the Commodity Credit Corporation to carry out
this title. It also provides for an expedited implementation of
this title.
The Secretary's authority to adjust expenditures under this
title to ensure the United States remains in compliance with
our international trade agreements is continued in the same
manner as current law.
Sec. 1602. Suspension of Permanent Price Support Authority
Section 1602 continues the suspension of permanent price
authority in the Agriculture Marketing Adjustment Act of 1938
and the Agricultural Act of 1949.
Sec. 1603. Payment Limitations
Section 1603 limits the total amount of payments a person
or a legal entity can receive under subtitle A to $125,000.
Sec. 1604. Adjusted Gross Income Limitation
Section 1604 replaces the two income limitation test (farm
and nonfarm income) with a single $950,000 adjusted gross
income limitation for commodity and conservation programs.
Sec. 1605. Geographically Disadvantaged Farmers and Ranchers
Section 1605 continues the geographically disadvantaged
farmers and ranchers program authorization for reimbursement
payments through 2017 in the same manner as current law.
Sec. 1606. Personal Liability of Producers for Deficiencies
Section 1606 extends the personal liability of producers
for deficiencies through 2017 in the same manner as current
law.
Sec. 1607. Prevention of Deceased Individuals Receiving Payments Under
Farm Commodity Programs
Section 1607 continues the requirement that the Secretary
prevent deceased individuals from receiving farm commodity
program payments by reconciling the social security numbers of
all individuals who received payments under this title with the
Commissioner of Social Security in the same manner as current
law.
Sec. 1608. Technical Corrections
Section 1608 includes technical corrections.
Sec. 1609. Assignment of Payments
Section 1609 continues the authority of a producer who
receives a payment under this title to assign the payment to
someone else after proper notice to the secretary in the same
manner as current law.
Sec. 1610. Tracking of Benefits
Section 1610 reauthorizes the Secretary to track the
benefits provided to individuals getting payments under titles
I and II in the same manner as current law.
Sec. 1611. Signature Authority
Section 1611 continues the signature authority of a
producer in the same manner as current law.
Sec. 1612. Implementation
Section 1612 requires the Secretary to maintain records on
base acres and the records for the separate base acres for long
grain and medium grain rice through 2017. The Secretary shall
make available to the Farm Service Agency to carry out this
title $100,000,000.
Title II--Conservation
SUBTITLE A--CONSERVATION RESERVE PROGRAM
Sec. 2001. Extension and Enrollment Requirements of Conservation
Reserve Program
Section 2001(a) extends the Conservation Reserve Program
(CRP) through fiscal year 2017.
Section 2001(b) amends the definition of eligible land by
updating the date for cropping history under highly erodible
lands; by removing marginal pasture land converted to wetland
or established as wildlife habitat prior to 1999; by adding
grasslands as eligible lands; by including filterstrips and
riparian buffers devoted to trees, shrubs, and grasses as
cropland that would otherwise be ineligible; and by amending
the requirement for buffers and filterstrips associated with
the remainder of a field enrolled in CRP.
Section 2001(c) amends the requirement for certain lands to
be considered planted to an agricultural commodity for the
purposes of determining eligibility to land that was devoted to
a conserving use during the crop year; and eliminates the
inclusion of land enrolled in the water bank program.
Section 2001(d) reduces the acreage cap for fiscal years
2013-2017:
FY2012--32,000,000 acres
FY2013--29,000,000 acres
FY2014--26,000,000 acres
FY2015--26,000,000 acres
FY2016--25,500,000 acres
FY2017--25,000,000 acres
It further adds a provision for enrollment of 2,000,000
acres of grasslands and authorizes the Secretary to give
priority to expiring CRP contracts to be enrolled under the
grasslands cap.
Section 2001(e) eliminates the five-year extension option
for hardwood trees as well as the additional one-year extension
for contracts which expired during the 2002 calendar year.
Owners and operators of land with hardwoods, windbreaks, or
wildlife corridors may specify the duration of the contract
within the 10-15 year limitation.
Section 2001(f) eliminates the specified conservation
priority area watersheds and leaves the ability to designate a
priority area--including non-watershed areas--to the discretion
of the Secretary. It further eliminates the ability for a State
agency to apply for withdrawal from a designation.
Sec. 2002. Farmable Wetland Program
Section 2002 extends the Farmable Wetlands Program through
fiscal year 2017, decreases the program cap from 1,000,000 to
750,000 acres and makes several changes that are clarifying in
nature. The program has been further amended so it is no longer
a pilot program.
Sec. 2003. Duties of Owners and Operators
Section 2003(a) amends the limitation on harvesting,
grazing and commercial use of forage by moving it from the
section establishing the duties of owners and operators to the
section enumerating the duties of the secretary.
Section 2003(b) amends the conservation plan requirements
by eliminating the option for the plan to provide for permanent
retirement of existing base history.
Section 2003(c) eliminates the umbrella rental rate
reduction for certain authorized uses of the land. Similar
rental rate language appears in the section enumerating the
duties of the Secretary.
Sec. 2004. Duties of the Secretary
Section 2004 requires the Secretary to allow for certain
harvesting, grazing and commercial use of forage in exchange
for a reduction in the rental rate at not less than 25 percent,
except for in the case of drought or other emergency created by
natural disaster, where the activity may occur without any
reduction in the rental rate. The section provides for the
incidental use of buffers adjacent to agricultural lands. The
section adds a new subsection (c) that requires the Secretary
to permit certain haying and grazing practices on grasslands
specifically. It adds provisions for individuals with expiring
contracts to initiate conservation and land improvement
practices in the final year of the contract with a commensurate
reduction in rental value. Re-enrollment of these lands is
prohibited for at least five years.
Sec. 2005. Payments
Section 2005(a) is a technical conforming amendment in
response to the elimination of section 1235A.
Section 2005(b) adds ``other eligible land'' to the annual
rental payment language. Subsection (b) further adds the
determination for payments to owners or operators of grasslands
at 75 percent of the grazing value of the land under contract.
Section 2005(c) amends the payment schedule section to
eliminate in-kind commodity payments through Commodity Credit
Corporation stocks.
Section 2005(d) is a technical conforming amendment in
response to the elimination of in-kind commodity payments.
Sec. 2006. Contract Requirements
Section 2006(a) allows for a one-time early termination
option for an owner or operator if the contract has been in
effect for five years. The section further specifies what
environmentally sensitive land is exempted from the early
termination.
Section 2006(b) makes adjustments to the transition options
language regarding the transfer of land from a retired farmer
or rancher to a beginning farmer or rancher.
Section 2006(c) allows for an owner or operator to enroll
into the Conservation Stewardship Program in the last year of
the owner or operator conservation reserve contract.
Sec. 2007. Conversion of Land Subject to Contract to Other Conserving
Uses
Section 2007 repeals Section 1235A of the Food Security Act
of 1985, Conservation of Land Subject to Contract to other
Conserving Uses which is no longer applicable for contracts in
place prior to November 28, 1990.
SUBTITLE B--CONSERVATION STEWARDSHIP PROGRAM
Sec. 2101. Conservation Stewardship Program
Section 2101 revises the Conservation Stewardship Program.
Definitions: The section includes a definition of
``agricultural operation'', strikes the definition of
``conservation measurement tool'' to conform with other
amendments, redefines ``priority resource concern'', and it
revises the definition of ``eligible land''.
Establishment and purposes: The section authorizes the
program through 2017. It limits the excluded land by allowing
for CRP land to be enrolled in the final year of the contract.
The section increases emphasis on new conservation. It also
eliminates the requirement that not more than 10 percent of the
acres enrolled be non-industrial private forest land. The
section allows enrollment of lands that are under agricultural
land easements option of the ACE Program.
Stewardship contracting: The section requires participants,
at the time of the contract offer, to be meeting the
stewardship threshold of at least two priority resource
concerns with at least one additional priority resource concern
by the end of the contract. It establishes a priority
consideration for land with expiring CRP contracts. The section
also eliminates the conservation measurement tool. It adds the
requirement for the producer, in order to renew a contract for
an additional year, to meet the stewardship threshold of at
least two additional priority resource concerns or exceed the
threshold of at least two existing priority resource concerns
by then end of the contract period. It eliminates the on-farm
research and demonstration, or pilot testing provisions.
Duties of the Secretary: The section replaces the
conservation measurement tool with a science-based stewardship
threshold. It includes an acreage enrollment limitation of
9,000,000 acres for each fiscal year and a national average
rate of $18 per acre, which shall include costs of assistance.
SUBTITLE C--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
Sec. 2201. Purposes
Section 2201 adds ``developing and improving wildlife'' to
the purposes section.
Sec. 2202. Establishment and Administration
Section 2202 extends EQIP though fiscal year 2017.
Section 2223 amends the term of an EQIP contract to a
period not to exceed 10 years, eliminating the minimum
requirement. The increased payments to certain producers
section is amended to include veteran farmers or ranchers. The
section increases the amount allowed for an advanced payment to
50 percent and includes a new requirement that funds provided
in advance but not expended during the required 90-day period
be returned. It maintains the 60 percent allocation for
livestock production and creates a new 5 percent allocation for
practices benefiting wildlife habitat. The section adds a new
subsection in order to include wildlife habitat restoration,
improvement, and development activities under EQIP.
Sec. 2203. Evaluation of Applications
Section 2203 amends the evaluation of application process
section for the purpose of a conforming amendment.
Sec. 2204. Duties of Producers
Section 2204 is a technical amendment to the duties of
producers section.
Sec. 2205. Limitation on Payments
Section 2205 establishes the payment limitation at $450,000
and eliminates the waiver authority.
Sec. 2206. Conservation Innovation Grants and Payments
Section 2206 adds a reporting requirement to CIG projects.
SUBTITLE D--AGRICULTURAL CONSERVATION EASEMENT PROGRAM
Sec. 2301. Agricultural Conservation Easement Program
Section 2301 establishes a new Agricultural Conservation
Easement (ACE) Program consolidating the Wetland Reserve
Program, the Grassland Reserve Program, and the Farmland
Protection Program. The purposes of the program include
restoring, protecting, and enhancing wetlands; protecting the
agricultural use and conservation values on agricultural lands;
and protecting grazing uses and related conservation values on
agricultural lands. The program has two distinct branches under
the umbrella easement program--agricultural land easements and
wetland easements.
The program includes definitions for ``agricultural land
easement'', ``wetland easement'', ``eligible entity'', and
``eligible land''.
Under the Agricultural Land Easements, the Secretary
facilitates and provides funds to eligible entities to purchase
conservation easements in agricultural land and grasslands. The
easements shall be permanent easements, or easements for the
maximum duration allowed under applicable State law. The scope
of the federal share shall not exceed 50 percent of the fair
market value of the land using the USPAP, an area-wide market
analysis survey, or another industry approved method. There is
an exemption for grasslands of special environmental
significance, by which the Secretary may provide up to 75
percent of the fair market value.
The Agricultural Land Easement Program establishes a
process under which an eligible entity may be certified by the
Secretary, though non-certified entities may still participate.
Agreements between the Secretary and an eligible entity shall
be at least three, but no more than five years unless the
eligible entity is certified, in which case the term shall be a
minimum of five years.
Under the Wetlands Easements, the Secretary enrolls
wetlands through the use of 30-year easements; permanent
easements; easements for the maximum duration allowed under
State law; or for Indian tribes only, 30-year contracts. The
Secretary shall not acquire easements on land that has been
established to trees in CRP, or farmed wetlands or converted
wetlands where the conversion was not commenced prior to
December 23, 1985. The program establishes a priority based on
the value of the wetland easement for protecting and enhancing
habitat for migratory birds and other wildlife.
Compensation for permanent easements shall be in an amount
necessary to encourage enrollment in the program based on the
lowest of the fair market value, the amount corresponding to a
geographical cap, or the offer made by the landowner. In the
case of a 30-year wetland easement, compensation shall be not
less than 50 percent, but not more than 75 percent, of the
compensation that would be paid for a permanent wetland
easement.
The Wetlands Easement Program further authorizes the
Secretary to provide financial assistance to owners to carry
out the establishment of conservation measures and practices to
protect wetland functions and values including maintenance. In
the case of restoration on permanent wetland easements, the
Secretary shall pay at least 70 percent, but not more than 100
percent, of the costs. In the case of a 30-year wetland
easement, the Secretary shall pay at least 50 percent, but not
more than 75 percent of the costs. The entire ACE Program
includes a priority for certain lands currently enrolled in CRP
with a contract set to expire within 1 year.
Of the funds made available under the program, at least 40
percent are reserved for agricultural land easements for fiscal
years 2013 through 2016 and at least 50 percent for
agricultural land easements in fiscal year 2017.
SUBTITLE E--REGIONAL CONSERVATION PARTNERSHIP PROGRAM
Sec. 2401. Regional Conservation Partnership Program
Section 2401 establishes a Regional Conservation
Partnership Program by combining program purposes of the
Agricultural Water Enhancement Program (AWEP), the Chesapeake
Bay Watershed Program, the Cooperative Conservation Partnership
Initiatives Program (CCPI), and the Great Lakes Basin Program.
The new Regional Program works through the existing programs--
Agricultural Conservation Easement Program (ACEP),
Environmental Quality Incentives Program (EQIP), and the
Conservation Stewardship Program (CSP)--in order to further
conservation, restoration and sustainable use of soil, water,
air, wildlife and related natural resources on a regional or
watershed scale while encouraging eligible partners to
cooperate with producers in meeting or avoiding the need for
natural resource regulatory requirements related to
agricultural production and implement projects that will affect
operations on a local, regional, State, or multi-State basis.
The program includes definitions for ``covered programs'',
``eligible activities'', ``eligible land'' and ``eligible
partner''.
Under the program, the Secretary may enter into short term
contracts with eligible partners, who are selected through a
competitive process. A partnership agreement may not exceed
five years, but may be extended one time for up to 12 months if
necessary to meet the objectives of the program. Through the
contracts, partners will assist producers with installing and
maintaining conservation activities through existing programs.
An eligible partner shall provide a significant portion of the
overall costs of the scope of the project. The program includes
several priorities for applications, including the ability to
assist producers in meeting or avoiding regulatory
requirements.
The Secretary may also enter into contracts directly with
producers who are in an established project area. The Secretary
shall make payments directly to the producer in an amount
determined by the Secretary to be necessary to achieve the
purposes of the program. The language includes a waiver from
the adjusted gross income requirement.
The program includes a section for critical conservation
areas under which the Secretary can administer the program as
well as very limited flood prevention and erosion control
projects. When implementing projects under the critical
conservation areas, the Secretary may use additional
authorities under the Watershed Protection and Flood Prevention
Act.
The funding for the program consists of mandatory funds out
of the Commodity Credit Corporation of $100,000,000 for each
fiscal year, as well as a 6 percent reservation of funds out of
the conservation programs mentioned above. Out of all of the
funds, 25 percent is allocated to the State conservationist, 50
percent is allocated to the Secretary on a national competitive
basis, and 25 percent is allocated for the critical
conservation areas.
SUBTITLE F--OTHER CONSERVATION PROGRAMS
Sec. 2501. Conservation of Private Grazing Land
Section 2501 extends Conservation of Private Grazing Land
through fiscal year 2017.
Sec. 2502. Grassroots Source Water Protection Program
Section 2502 extends the Grassroots Water Protection
Program. It further makes available $5,000,000 in mandatory
money to remain available until expended.
Sec. 2503. Voluntary Public Access and Habitat Incentive Program
Section 2503 extends the Voluntary Public Access program
through fiscal year 2017, reduces its mandatory funding level
to $30,000,000 and requires a report on program effectiveness.
Sec. 2504. Agriculture Conservation Experienced Services Program
Section 2504 provides funding for ACES through the funds
made available to carry out each program under the title,
excluding CRP.
Sec. 2505. Small Watershed Rehabilitation Program
Section 2505 reauthorizes the appropriations of the Small
Watershed Rehabilitation Program at current appropriated levels
through fiscal year 2017 and further authorizes $250,000,000 in
mandatory money for the Small Watershed Rehabilitation Program
for fiscal year 2013, to remain available until expended.
Sec. 2506. Agricultural Management Assistance Program
Section 2506 amends the Agricultural Management Assistance
Program, within the Federal Crop Insurance Act, by eliminating
the practice of planting trees for windbreaks or for improving
water quality and mitigation of risk through resource
conservation practices as uses for financial assistance under
the program. The section further eliminates the exception of
$15,000,000 in mandatory funding through each fiscal year while
maintaining the base $10,000,000 in funding. The section amends
the percentages for the distribution of funds decreasing the
funds through Natural Resources Conservation Services to 30
percent, maintaining the funds for organic certification cost
share through Agricultural Marketing Service at 10 percent, and
increasing the funds through the Risk Management Agency to 60
percent.
SUBTITLE G--FUNDING AND ADMINISTRATION
Sec. 2601. Funding
Section 2601(a) extends and amends the funding section for
conservation programs provided by the Commodity Credit
Corporation funds.
Funding levels:
CRP TIP--$25,000,000 set aside in the period of fiscal
years 2013-2017.
ACE--
$450,000,000 in FY13;
$475,000,000 in FY14;
$500,000,000 in FY15;
$525,000,000 in FY16; and
$266,000,000 in FY17.
EQIP--$1,750,000,000 in each of fiscal years 2013-2017.
Section 2601(b) makes the funding covered by this section
no year funds.
Sec. 2602. Technical Assistance
Section 2602 amends the funding section of the 1985 Act to
include an amended technical assistance subsection and also
requires a report to Congress on technical assistance.
Sec. 2603. Regional Equity
Section 2603 amends Regional Equity by striking the
$15,000,000 target for regional equity allocations and replaces
it with 0.6 percent of the funds made available for
conservation programs in order to allow allocations to
synchronize with annual program appropriations.
Sec. 2604. Reservation of Funds to Provide Assistance to Certain
Farmers or Ranchers for Conservation Access
Section 2604 extends the 5 percent reservation of funds for
both socially disadvantaged and beginning farmers and ranchers
through fiscal year 2017. The language adds a priority within
the reservation of funds for producers who are veterans.
Sec. 2605. Annual Report on Program Enrollments and Assistance
Section 2605 makes technical amendments to the annual
reporting requirement on program enrollments and assistance.
Sec. 2606. Administrative Requirements Applicable to All Conservation
Programs
Section 2606 adds a new subsection to the administrative
requirements for conservation programs that requires the
Secretary, to the maximum extent practicable, to seek to reduce
administrative burdens and costs by streamlining and taking
advantage of new technologies to enhance efficiency and
effectiveness. The section clarifies that any payment received
under the title is in addition to, and does not affect, the
total amount of payments an owner or operator is otherwise
eligible to receive.
Sec. 2607. Standards for State Technical Committees
Section 2607 makes a technical change to the standards for
state technical committees.
Sec. 2608. Rulemaking Authority
Section 2608 requires the Secretary to promulgate
regulations, gives the Secretary rulemaking authority in
regards to conservation programs, and provides for the
operation of the programs under interim rules.
SUBTITLE H--REPEAL OF SUPERSEDED PROGRAM AUTHORITIES AND TRANSITIONAL
PROVISIONS
Sec. 2701. Comprehensive Conservation Enhancement Program
Section 2701 repeals the Comprehensive Conservation
Enhancement Program.
Sec. 2702. Emergency Forestry Conservation Reserve Program
Section 2702 repeals the Emergency Forestry Conservation
Reserve Program, but provides for the continuation of existing
contracts until the contract's expiration.
Sec. 2703. Wetlands Reserve Program
Section 2703 repeals the Wetlands Reserve Program, but
provides for the continuation of existing contracts until the
contract's expiration.
Sec. 2704. Farmland Protection Program and Farm Viability Program
Section 2704 repeals the Farmland Protection Program, but
provides for the continuation of existing contracts until the
contract's expiration.
Sec. 2705. Grasslands Reserve Program
Section 2705 repeals the Grassland Reserve Program, but
provides for the continuation of existing contracts until the
contract's expiration.
Sec. 2706. Agricultural Water Enhancement Program
Section 2706 repeals the Agricultural Water Enhancement
Program, but provides for the continuation of existing
contracts until the contract's expiration.
Sec. 2707. Wildlife Habitat Incentive Program
Section 2707 repeals the Wildlife Habitat Incentive
Program, but provides for the continuation of existing
contracts until the contract's expiration.
Sec. 2708. Great Lakes Basin Program
Section 2708 repeals the Great Lakes Basin Program.
Sec. 2709. Chesapeake Bay Watershed Program
Section 2709 repeals the Chesapeake Bay Watershed Program,
but provides for the continuation of existing contracts until
the contract's expiration.
Sec. 2710. Cooperative Conservation Partnership Initiative
Section 2710 repeals the Cooperative Conservation
Partnership Initiative, but provides for the continuation of
existing contracts until the contract's expiration.
Sec. 2711. Environmental Easement Program
Section 2711 repeals the Environmental Easement Program.
Sec. 2712. Technical Amendments
Section 2712 includes technical amendments.
Title III--Trade
SUBTITLE A--FOOD FOR PEACE ACT
Sec. 3001. General Authority
Section 3001 amends section 201 of the Food for Peace Act
by updating the general authorities with language focused on
building resilience to reduce the future need for emergency
food aid.
Sec. 3002. Support for Organizations through which Assistance is
Provided
Section 3002 amends section 202(e)(1) of the Food for Peace
Act by reducing the maximum allowable cash assistance available
for administrative costs in non-emergency programs from 13% to
11% of the total funds made available for the program.
Sec. 3003. Food Aid Quality
Section 3003 amends section 202(h) of the Food for Peace
Act by requiring the Administrator to consult with the
Secretary in performing the requirements of this subsection
related to food aid quality; by establishing a mechanism for
USDA and USAID to evaluate food aid commodities and implement
appropriate changes; by instructing the agencies to update
program guidance on the use of new commodities; and by limiting
the available funding for these purposes to $1 million.
Sec. 3004. Minimum Levels of Assistance
Section 3004 amends section 204(a) of the Food for Peace
act by reauthorizing the minimum levels of commodities
available for emergency and non-emergency assistance under Food
for Peace.
Sec. 3005. Food Aid Consultative Group
Section 3005 amends Section 205 of the Food for Peace Act
by reauthorizing the Food Aid Consultative Group (the
``Group'') and adding representatives from the processing
sector to the Group. The provision further requires the
Administrator to consult with the Group on the implementation
of food aid quality provisions and requires the Administrator
to provide the Group at least 45 days notice before a proposed
regulation handbook or guideline, or revision thereof, becomes
final.
Sec. 3006. Oversight, Monitoring, and Evaluation
Section 3006 amends section 207 of the Food for Peace Act
by requiring that all regulations and revisions to agency
guidance necessary for implementation of the Federal
Agricultural Reform and Risk Management Act be issued within
270 days of enactment. The provision removes authority for
purchasing new computer systems, removes obsolete reporting
requirements, and provides $10 million per year for monitoring
and evaluation. Further, the provision requires a report on the
extent of monitoring and evaluation required by eligible
organizations participating in Food for Peace programs.
Sec. 3007. Assistance for Stockpiling and Rapid Transportation,
Delivery, and Distribution of Shelf-stable Pre-packaged Foods
Section 3007 amends section 208 of the Food for Peace Act
by reauthorizing assistance for stockpiling and rapid
transportation, delivery, and distribution of shelf-stable
prepackaged foods at $8 million per year.
Sec. 3008. General Provisions
Section 3008 amends section 403 of the Food for Peace Act
by requiring USDA and USAID to seek information on the
potential benefits of monetization to local economies. The
provision further clarifies that implementing partners should
sell monetized commodities at fair market value. The Secretary
and the Administrator are also instructed to coordinate
assessments which guide the use of monetization to ensure
consistency across programs. The provision requires USAID to
issue a report detailing the use of funds made available for
implementing partners, including funds for administrative and
indirect costs.
Sec. 3009. Prepositioning of Agricultural Commodities
Section 3009 amends section 407(c) of the Food for Peace
Act by increasing funding for prepositioning of agricultural
commodities from $10 million to $15 million per year. The
section also allows the Administrator discretion to establish
additional prepositioning sites based on the results of
assessments of need, feasibility, and cost.
Sec. 3010. Annual Report Regarding Food Aid Programs and Activities
Section 3010 amends section 407(f) of the Food for Peace
Act by requiring the annual report regarding food aid programs
and activities to include information on the actual
beneficiaries of the programs and by specifying the report
include the McGovern-Dole International Food for Education and
Child Nutrition Program.
Sec. 3011. Deadline for Agreements To Finance Sales or To Provide Other
Assistance
Section 3011 amends section 408 of the Food for Peace Act
by extending the expiration of Food for Peace authorities
through 2017.
Sec. 3012. Authorization of Appropriations
Section 3012 amends section 412 of the Food for Peace Act
by reducing the authorization for appropriations from $2.5 to
$2 billion per year and sets the minimum level of development
programming at $400 million per year.
Sec. 3013. Micronutrient Fortification Programs
Section 3013 amends section 415 of the Food for Peace Act
by striking a reference to an obsolete report and reauthorizing
the micronutrient fortification program through 2017.
Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program
Section 3014 amends section 501 of the Food for Peace Act
by reauthorizing the Farmer-to-Farmer program and increasing
the minimum level of funding from $10 million to $15 million
per year.
SUBTITLE B--AGRICULTURAL TRADE ACT OF 1978
Sec. 3101. Funding for Export Credit Guarantee Program
Section 3101 amends section 211 of the Agricultural Trade
Act of 1978 by reauthorizing funding for the Export Credit
Guarantee Program through 2017.
Sec. 3102. Funding for Market Access Program
Section 3102 amends section 211 of the Agricultural Trade
Act of 1978 by reauthorizing funding for the Market Access
Program through 2017.
Sec. 3103. Foreign Market Development Cooperator Program
Section 3103 amends section 703 of the Agricultural Trade
Act of 1978 to reauthorize funding for the Foreign Market
Development Coordinator Program through 2017.
SUBTITLE C--OTHER AGRICULTURAL TRADE LAWS
Sec. 3201. Food for Progress Act of 1985
Section 3201 amends the Food for Progress Act of 1985 by
reauthorizing the program through 2017 and repeals a completed
project in Malawi.
Sec. 3202. Bill Emerson Humanitarian Trust
Section 3202 amends the Bill Emerson Humanitarian Trust Act
to reauthorize the Trust through 2017.
Sec. 3203. Promotion of Agricultural Exports to Emerging Markets
Section 3203 amends section 1542 of the Food, Agriculture,
Conservation, and Trade Act of 1990 by reauthorizing the
promotion of agricultural exports to emerging markets through
2017.
Sec. 3204. McGovern-Dole International Food for Education and Child
Nutrition Program
Section 3204 amends section 3107 of the Farm Security and
Rural Investment Act of 2002 by reauthorizing the McGovern-Dole
International Food for Education and Child Nutrition Program
through 2017.
Sec. 3205. Technical Assistance for Specialty Crops
Section 3205 amends section 3205 of the Farm Security and
Rural Investment Act of 2002 to reauthorize the export
assistance program known as Technical Assistance for Specialty
Crops through 2017 at $9 million per year and clarifies that
technical barriers to trade can be addressed through the
program.
Sec. 3206. Global Crop Diversity Trust
Section 3206 amends section 3202(c) of the Food,
Conservation, and Energy Act of 2008 by reauthorizing the U.S.
Agency for International Development to make a contribution of
up to $50 million over 5 years to the Global Crop Diversity
Trust.
Sec. 3207 Under Secretary of Agriculture for Foreign Agricultural
Services
Section 3207 amends Subtitle B of the Department of
Agriculture Reorganization Act of 1994 by adding a new section
allowing USDA to establish the position of Under Secretary for
Foreign Agricultural Services, which would be appointed by the
President with the advice and consent of the Senate.
Title IV--Nutrition
SUBTITLE A--SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Sec. 4001. Retailers
Subsection (a) amends section 3 of the Food and Nutrition
Act of 2008 (the ``Act'') by requiring retailers to provide
perishable items in at least 3 of the staple food categories.
Subsection (b) amends section 7 of the Act by requiring
that retailers will be responsible for purchasing and paying
for Supplemental Nutrition Assistance Program (``SNAP'') point-
of-sale equipment and supplies. The subsection terminates the
use of manual vouchers except in cases of disasters or other
similar situations. The subsection requires parties providing
electronic benefit transfer services to maintain unique
terminal identification numbers throughout the SNAP routing
system.
Subsection (c) amends section 7 of the Act by removing
outdated language related to the use of coupons.
Subsection (d) amends section 9 of the Act by making
retailers selling more than 45% of prohibited SNAP items, such
as alcohol and tobacco, ineligible to participate in the
program.
Sec. 4002. Enhancing Services to Elderly and Disabled Supplement
Nutrition Assistance Program Recipients
Section 4002 amends section 3 of the Act by adding
governmental or nonprofit food purchasing delivery services to
the list of eligible retailers if they serve elderly or
disabled individuals who are otherwise unable to shop for their
own food.
Sec. 4003. Food Distribution Program on Indian Reservations
Section 4003 amends section 4 of the Act by reauthorizing
the Food Distribution Program on Indian Reservations.
Sec. 4004. Updating Program Eligibility
Section 4004 amends section 5 of the Act by restricting
categorical eligibility for SNAP to only those households
receiving cash assistance through other low-income assistance
programs.
Sec. 4005. Exclusion of Medical Marijuana from Excess Medical Expense
Deduction
Section 4005 amends section 5 of the Act by prohibiting
medical marijuana from being treated as a medical expense for
purposes of income deductions.
Sec. 4006. Standard Utility Allowances Based on the Receipt of Energy
Assistance Payments
Section 4006 amends section 5 of the Act by requiring a
household to receive a Low Income Home Energy Assistance
Program (LIHEAP) payment of $10 or more in order to receive the
SNAP Standard Utility Allowance (SUA) deduction when
calculating SNAP benefits.
Sec. 4007. Eligibility Disqualifications
Section 4007 amends section (6) of the Act by requiring
that State SNAP Employment and Training programs be limited to
assisting only those college students enrolled in specific
career and technical education courses or basic adult
education, remedial, and literacy courses.
Sec. 4008. Ending Supplemental Nutrition Assistance Program Benefits
for Lottery or Gambling Winners
Section 4008 amends section 6 of the Act by making any
household in which a member receives substantial lottery or
gambling winnings ineligible for SNAP benefits.
Sec. 4009. Improving Security of Food Assistance
Section 4009 amends section 7 of the Act by allowing States
to request information from households that repeatedly lose
their electronic benefit transfer (EBT) card in order to
investigate potential fraud and trafficking violations. The
section provides protection for those who are not intentionally
committing fraud.
Sec. 4010. Demonstration Projects on Acceptance of Benefits of Mobile
Transactions
Section 4010 amends section 7 of the Act by requiring the
Secretary of Agriculture (the ``Secretary'') to implement a
pilot program to test the feasibility of allowing retailers to
accept SNAP benefits through mobile transactions.
Sec. 4011. Use of Benefits for Purchase of Community-Supported
Agriculture Shares
Section 4011 amends section 10 of the Act by allowing SNAP
benefits to be used for the purchase of community-supported
agriculture shares.
Sec. 4012. Restaurant Meals Program
Section 4012 amends section 11 of the Act by requiring
greater oversight of States choosing to operate a Restaurant
Meals Program that allows only homeless, elderly and disabled
SNAP populations to redeem their benefits at approved
restaurants. The section requires USDA to approve the State's
implementation plan and ensure that a documented need exists to
serve the target populations in specific geographic areas.
Sec. 4013. State Verification Option
Section 4013 amends section 11 of the Act by requiring
States to use an immigration status verification system to
verify an applicant's immigration status.
Sec. 4014. Repeal of Grant Program
Section 4014 repeals section 11 of the Act to eliminate a
program that allows grant funding to be used for advertising to
promote SNAP participation.
Sec. 4015. Data Exchange Standardization for Improved Interoperability
Section 4015 amends section 11 of the Act by establishing
requirements consistent with other means tested programs for
the electronic content and format of data used in the
administration of SNAP.
Sec. 4016. Repeal of Bonus Programs
Section 4016 repeals section 16 of the Act to eliminate the
performance bonuses provided to States for effectively
administering SNAP.
Sec. 4017. Funding of Employment and Training Programs
Section 4017 amends section 16 of the Act by reducing the
allocation to State agencies to carry out employment and
training programs from $90 million to $79 million per year.
Sec. 4018. Monitoring Employment and Training Programs
Section 4018 amends section 16 of the Act by requiring that
the Secretary implement monitoring and performance measures for
State employment and training programs. The section requires
that the Secretary, in consultation with the Secretary of
Labor, develop reporting measures for participants in
employment and training programs. The section requires that
States report annually on such measures. The section further
provides that if a State agency's performance is inadequate,
the Secretary may require the State agency to modify its
employment and training plan.
Sec. 4019. Cooperation with Program Research and Evaluation
Section 4019 amends section 17 of the Act by requiring
entities that participate in SNAP programs to cooperate with
the Department of Agriculture and its agents in conducting
evaluations and studies authorized under the Act.
Sec. 4020. Authorization of Appropriations
Section 4020 amends section 18 of the Act by extending the
authorization for appropriations to carry out the Act through
fiscal year 2017.
Sec. 4021. Limitation on Use of Block Grant to Puerto Rico
Section 4021 amends section 19 of the Act by ensuring that
no funds made available to the Commonwealth of Puerto Rico may
be used to provide nutrition assistance in the form of cash.
Sec. 4022. Assistance for Community Food Projects
Section 4022 amends section 25 of the Act by providing an
additional $10 million per fiscal year for Community Food
Projects, $5 million per fiscal year which shall be used to
provide incentives for the consumption of fruits and vegetables
by low-income individuals.
Sec. 4023. Emergency Food Assistance
Section 4023 amends section 27 of the Act by providing an
additional $25 million per fiscal year for Emergency Food
Assistance. The section also reauthorizes Emergency Food
Program Infrastructure Grants through fiscal year 2017.
Sec. 4024. Nutrition Education
Section 4024 amends section 28 of the Act by including
``physical activity'' as an allowable activity under the SNAP
nutrition education program.
Sec. 4025. Retailer Trafficking
Section 4025 amends the Act by providing $5 million each
fiscal year for USDA to use in preventing SNAP fraud and
trafficking violations.
Sec. 4026. Technical and Conforming Amendments
Section 4026 makes technical and conforming amendments to
the Act.
Sec. 4027. Tolerance Level for Excluding Small Errors
Section 4027 prevents the Secretary from excluding payment
errors greater than $25 from improper payments calculations.
Sec. 4028. Commonwealth of the Northern Mariana Islands Pilot Program
Section 4028 requires the Secretary to conduct a study to
assess the capabilities of the Commonwealth of the Northern
Mariana Islands (CNMI) to operate the SNAP program in the same
manner it is operated in the States. The section requires that
if, following the study, the Secretary determines that it is
feasible for the CNMI to operate the SNAP program in the same
manner it is operated by the States, the Secretary shall
establish a pilot program in CNMI for such purposes.
Sec. 4029. Annual State Report on Verification of Snap Participation
Section 4029 requires States to submit an annual report to
the Secretary sufficient to show that the State is verifying
that its SNAP recipients are not receiving benefits in more
than one state and that no benefits are being paid to deceased
individuals.
SUBTITLE B--COMMODITY DISTRIBUTION PROGRAMS
Sec. 4101. Commodity Distribution Program
Section 4101 amends section 4 of the Agriculture and
Consumer Protection Act of 1973 by reauthorizing the Commodity
Distribution Program through fiscal year 2017.
Sec. 4102. Commodity Supplemental Food Program
Section 4102 amends section 5 of the Agriculture and
Consumer Protection Act of 1973 by modifying the eligibility of
the Commodity Supplemental Food Program to serve only elderly
populations. Those individuals under the age of 60 currently
being served by the program may remain in the program until
they no longer meet the current eligibility requirements. The
section also reauthorizes the program through fiscal year 2017.
Sec. 4103. Distribution of Surplus Commodities to Special Nutrition
Projects
Section 4103 amends section 114(a)(2)(A) of the Agriculture
and Food Act of 1981 by reauthorizing Distribution of Surplus
Commodities to Special Nutrition Projects through fiscal year
2017.
Sec. 4104. Processing of Commodities
Section 4104 amends the Commodity Distribution Reform Act
and WIC Amendments of 1987 by ensuring that the Secretary has
legal standing to enter into national processing agreements and
allows the Secretary to retain title to commodities processed
under those agreements prior to their final delivery to
schools.
SUBTITLE C--MISCELLANEOUS
Sec. 4201. Farmers' Market Nutrition Program
Section 4201 amends section 4402 of the Farm Security and
Rural Investment Act of 2002 by expanding the program purposes
to allow additional at-risk populations to be served and by
requiring the Secretary to specify terms and conditions to
encourage expanding the participation of small-scale farmers in
Federal nutrition programs.
Sec. 4202. Nutrition Information and Awareness Pilot Program
Section 4202 repeals section 4403 of the Farm Security and
Rural Investment Act of 2002 by eliminating the Nutrition
Information and Awareness Pilot Program.
Sec. 4203. Fresh Fruit and Vegetable Program
Section 4203 amends section 19 of the Richard B. Russell
National School Lunch Act by expanding the forms of fruits and
vegetables made available to students through the Fresh Fruit
and Vegetable Program to include canned, frozen, and dried.
Sec. 4204. Additional Authority for Purchase of Fresh Fruits,
Vegetables, and Other Specialty Food Crops
Section 4204 amends section 10603 of the Farm Security and
Rural Investment Act of 2002 by requiring the Secretary to
establish a pilot program in which five participating States
shall have the option to receive a grant to purchase fresh
fruits and vegetables for distribution to schools and service
institutions in lieu of participating in the DOD fresh program.
Sec. 4205. Encouraging Locally and Regionally Grown and Raised Food.
Section 4205 requires the Secretary to allow small rural
schools to purchase locally and regionally grown food in lieu
of the school's commodity assistance provided under school meal
programs. The section also allows the Secretary to establish
farm-to-school demonstration programs at up to 10 schools.
Title V--Credit
SUBTITLE A--FARM OWNERSHIP LOANS
Sec. 5001. Eligibility for Farm Ownership Loans
Section 5001(a) expands eligibility for farm ownership
loans by including ``other legal entities'' to the list of
eligible borrowers that includes farmers, ranchers, farming
cooperatives and private domestic companies. An entity that is
or will become only the operator of a family farm is deemed to
meet the owner operator requirements if the owners own more
than 50% of the entity. An entity that is an owner-operator
that is owned, in whole or in part, by other entities is deemed
to meet the direct ownership requirement if at least 75% of the
embedded entity is owned directly or indirectly by the
individuals that own the farm.
Section 5001(b) allows a borrower to meet the experience
requirements of farming or ranching for 3 years is he or she
has ``other acceptable experience for a period of time, as
determined by the Secretary''.
Sec. 5002. Conservation Loan and Loan Guarantee Program
Section 5002 expands the eligibility for the conservation
loan and guarantee program by adding ``or other such legal
entities as the Secretary deems appropriate'' to the list of
eligible borrowers. It also raises the limitation on the loan
guarantee from 75% to 90% and extends the program until 2017.
Sec. 5003. Down Payment Loan Program
Section 5003 increase the possible principal amount of the
loan from 45% of $500,000 to 45% of $667,000.
Sec. 5004. Elimination of Mineral Rights Appraisal Requirement
Section 5004 eliminates the requirement to do a mineral
rights appraisal for real estate loans.
SUBTITLE B--OPERATING LOANS
Sec. 5101. Eligibility for Farm Operating Loans
Section 5101 expands eligibility for operating loans by
including ``other legal entities'' to the list of eligible
borrowers that includes farmers, ranchers, farming cooperatives
and private domestic companies. An entity that is an operator
and is owned in whole or in part by other entities is deemed to
meet the direct ownership if at least 75% of the embedded
entity is owned directly or indirectly by the individuals that
own the farm.
Sec. 5102. Elimination of rural residency requirement for operating
loans to youth
Section 5102 expands eligibility by striking the words
``rural residency'' from the eligibility requirements for
operating loans to young farmers.
Sec. 5103. Authority To Waive Personal Liability for Youth Loans Due to
Circumstances Beyond Borrower Control
Section 5103 allows the Secretary, on a case by case basis,
to waive the personal liability of a borrower for an operating
loan if any default on the loan was due to circumstances beyond
the control of the borrower.
Sec. 5104. Microloans
Section 5104 authorizes the Secretary to make operating
loans of $35,000 to eligible borrowers.
SUBTITLE C--EMERGENCY LOANS
Sec. 5201. Eligibility for Emergency Loans
Section 5201 expands the eligibility for emergency loans by
adding ``or other such legal entities as the Secretary deems
appropriate'' to the list of approved borrowers. An entity that
is an owner-operator and is owned in whole or in part by other
entities is deemed to meet the direct ownership if at least 75%
of the embedded entity is owned directly or indirectly by the
individuals that own the farm.
SUBTITLE D--ADMINISTRATIVE PROVISIONS
Sec. 5301. Beginning Farmer and Rancher Individual
Development Accounts Pilot Program
Section 5301 reauthorizes the Beginning Farmer and Rancher
Individual Development Accounts Pilot Program through 2017.
Sec. 5302. Eligible Beginning Farmers and Ranchers
Section 5302 expands the definition of a beginning farmer
or rancher to include ``or other such legal entity''. It also
changes the acreage ownership limitation from 30% of the median
acreage of farms in the county to 30% of the average acreage of
farms in the county.
Sec. 5303. Loan Authorization Levels
Section 5303 reauthorizes the Secretary's ability to make
loans under each subtitle through 2017.
Sec. 5304. Priority for Participation Loans
Section 5304 adds a new priority for beginning farmer and
rancher direct loans to those applicants who apply under the
down payment loan program or for joint financing arrangements.
Sec. 5305. Loan Fund Set-Asides
Section 5305 reauthorizes the loan fund set-asides through
2017.
Sec. 5306. Conforming Amendment to Borrower Training Provision,
Relating to Eligibility Changes
Section 5306 is a conforming amendment to a borrower
training provision.
SUBTITLE E--STATE AGRICULTURAL MEDIATION PROGRAMS
Sec. 5401. State Agricultural Mediation Programs
Section 5401 reauthorizes the state agricultural mediation
programs through 2017.
SUBTITLE F--LOANS TO PURCHASERS OF HIGHLY FRACTIONATED LAND
Sec. 5501. Loans to Purchasers of Highly Fractionated Land
Section 5501 authorizes the use of a revolving loan fund
for purchasers of highly fractionated land.
Title VI--Rural Development
SUBTITLE A--CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT
Sec. 6001. Water, Waste disposal, and Wastewater Facility Grants
The Consolidated Farm and Rural Development Act is amended
to decrease the current authorization of appropriations for
water, waste disposal and wastewater facility grants (7 U.S.C.
1926(a)(2)(B)(vii)) from $30,000,000 to $15,000,000 for each
fiscal year through 2017.
Sec. 6002. Rural Business Opportunity Grants
Rural Business Opportunity Grants (7 U.S.C. 1926(a)(11)(D))
are reauthorized through 2017.
Sec. 6003. Elimination of Reservation of Community Facilities Grant
Program Funds
A reservation of funds (7 U.S.C. 1926(a)(19)) within the
community facilities grant program is repealed.
Sec. 6004. Rural Water and Wastewater Circuit Rider Program
The Rural Water and Wastewater Circuit Rider program (7
U.S.C. 1926(a)(22)) is amended to continue with a national
program that is consistent with the activities and results of
the program prior to enactment of this paragraph, and funded
from the Secretary through the Rural Utilities Service.
$20,000,000 is authorized to be appropriated for fiscal year
2013 and each fiscal year thereafter.
Sec. 6005. Tribal College and University Essential Community Facilities
Tribal College and University Essential Community
Facilities (7 U.S.C. 1926(a)(25(C)) is amended to decrease the
current authorization of appropriations from $10,000,000 to
$5,000,000 for each fiscal year through 2017.
Sec. 6006. Emergency and Imminent Community Water Assistance Grant
Program
Emergency and Imminent Community Water Assistance Grant
Program (7 U.S.C. 1926a(i)(2)) is amended to decrease the
current authorization of appropriations from $35,000,000 to
$27,000,000 for each fiscal year through 2017.
Sec. 6007. Grants to Nonprofit Organizations to Finance the
Construction, Refurbishing, and Servicing of Individually-owned
Household Water Well Systems in Rural Areas for Individuals
with Low or Moderate Incomes
Grants to nonprofits to finance the construction,
refurbishing, and servicing of individually-owned household
water well systems (7 U.S.C. 1926e(d)) is amended to decrease
the current authorization of appropriations from $10,000,000 to
$5,000,000 for each fiscal year through 2017.
Sec. 6008. Rural Business and Industry Loan Program
The Consolidated Farm and Rural Development Act is amended
(7 U.S.C. 932(a)(2)(A)) to authorize working capital as a loan
purpose. The Business and Industry loan program (7 U.S.C.
1932(g)) is amended to allow, where the action would not create
or contribute to an unreasonable risk of default or loss to the
Federal Government, in the discretion of the Secretary,
accounts receivables as security for a loan under this
subsection.
Sec. 6009. Rural Cooperative Development Grants
Rural Cooperative Development Grants (7 U.S.C. 1932(e)(12))
is amended to decrease the current authorization level from
$50,000,000 to $40,000,000 for each fiscal year through 2017.
Sec. 6010. Locally or Regionally Produced Agricultural Food Products
Locally or regionally produced agricultural food products
(7 U.S.C. 1932(g)(9)(B)(v)(I)) is reauthorized through 2017.
The Secretary shall reserve not more than 7 percent of funds
made available to carry out this loan program for this
authority.
Sec. 6011. Intermediary Relending Program
Subtitle A of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1922-1936a) is amended to authorize the
Intermediary Relending Program. $10,000,000 is authorized to be
appropriated for each fiscal year through 2017.
Sec. 6012. Enhancing Public/Private Partnerships to Support Rural Water
and Waste Disposal Infrastructure
Water and waste disposal direct and guaranteed loans (7
U.S.C. 1983) are amended to encourage financing by private or
cooperative lenders, to the maximum extent practicable, for
rural water and waste disposal facilities by using loan
guarantees where the population exceeds 5,500, using direct
loans where the impact on rate payers will be material when
compared to financing with a loan guarantee, establishing and
applying a materiality standard regarding the difference in
impact on rate payers, requiring projects that require interim
financing in excess of $500,000 initially seek financing from
private or cooperative lenders, and determining if an existing
direct loan borrower can refinance with a private or
cooperative lender prior to providing a new direct loan.
Sec. 6013. Simplified Applications
Amends the Consolidated Farm and Rural Development Act (7
U.S.C. 1983a) authorizing the Secretary, to the maximum extent
practicable, develop a simplified application process,
including single page applications where possible, for specific
grants and relending programs authorized in this title. Within
2 years, after the date of enactment of this Act, the Secretary
shall submit to Congress a report on the implementation of
simplified applications.
Sec. 6014. Reauthorization of State Rural Development Councils
State Rural Development Councils (7 U.S.C. 2008m(h)) are
reauthorized through 2017.
Sec. 6015. Grants for NOAA Weather Radio Transmitters
Grants for NOAA weather radio transmitters (7 U.S.C.
2008p(d)) are authorized to be appropriated at $1,000,000 for
each fiscal year through 2017.
Sec. 6016. Rural Microentrepreneuer Assistance Program
The Rural Microentrepreneuer Assistance Program (7 U.S.C.
2008s(d)(2)) is amended to decrease the current authorization
level from $40,000,000 to $20,000,000 for each fiscal year
through 2017.
Sec. 6017. Delta Regional Authority
The Delta Regional Authority is reauthorized (7 U.S.C.
2009aa-13) and amended (7 U.S.C. 2009aa-12(a)) to decrease the
current authorization level from $30,000,000 to $12,000,000 for
each fiscal year through 2017.
Sec. 6018. Northern Great Plains Regional Authority
The Northern Great Plains Regional Authority (7 U.S.C.
2009bb-13) is reauthorized and amended (7 U.S.C. 2009bb-12(a))
to decrease the current authorization level from $30,000,000 to
$2,000,000 for each fiscal year through 2017.
Sec. 6019. Rural Business Investment Program
The Rural Business Investment Program (7 U.S.C. 2009cc-18)
is amended to decrease the current authorization level from
$50,000,000 to $20,000,000 for each fiscal year through 2017.
SUBTITLE B--RURAL ELECTRIFICATION ACT OF 1936
Sec. 6101. Relending for Certain Purposes
The Rural Electrification Act of 1936 (7 U.S.C. 901 et
seq.) is amended to authorize loans for borrower relending to
ultimate consumers for the purpose of energy efficiency. Loans
and grants are also authorized under the Cushion of Credit
Payments Program for relending to ultimate consumers for the
purpose of energy efficiency.
Sec. 6102. Fees for Certain Loan Guarantees
The Rural Electrification Act of 1936 (7 U.S.C. 901 et
seq.) is amended to require that the Secretary, at the request
of an electrification baseload generation loan guarantee
borrower, charge an upfront fee that is equal to the costs of
the loan guarantee to cover the costs of the loan guarantee. A
borrower may not use funds from a loan or other debt obligation
made or guaranteed by the Federal Government to pay the fee.
Sec. 6103. Guarantees for Bonds and Notes Issued for Electrification or
Telephone Purposes
Guarantees for bonds and notes issued for electrification
or telephone purposes (7 U.S.C. 940c-1(f)) are reauthorized.
Sec. 6104. Expansion of 911 Access
Expansion of 911 access (7 U.S.C. 940e(d)) is reauthorized.
Sec. 6105. Access to Broadband Telecommunications Services in Rural
Areas
The Broadband Program (7 U.S.C. 950bb) is reauthorized and
amended to provide a priority for applications that are not
predominantly for business service but where at least 25
percent of customers in the proposed service territory are
commercial interests. Publication of notice of applications
shall include the amount and type of support requested and a
list of the census block groups or tracts to be served. The
Secretary is authorized to establish a process where an
incumbent service provider that as of the date of the
publication of notice of an application is providing broadband
service to a remote rural area, may submit information to the
Secretary information regarding the broadband services offered
in the application's proposed service territory so that the
Secretary may assess whether the application is an eligible
project. The Secretary is also authorized to take into
consideration the upgrade or replacement cost for construction
or acquisition of facilities and equipment in considering the
technology needs of customers in a proposed service territory.
SUBTITLE C--MISCELLANEOUS
Sec. 6201. Distance Learning and Telemedicine
Distance Learning and Telemedicine (7 U.S.C. 950aaa-5) is
amended to decrease the current authorization level from
$100,000,000 to $65,000,000 for each fiscal year through 2017.
Sec. 6202. Value-Added Agricultural Market Development Program Grants
Value-Added Agricultural Market Development Program Grants
(7 U.S.C. 1632a(b)(7)) are reauthorized.
Sec. 6203. Agriculture Innovation Center Demonstration Program
The Agriculture Innovation Center Demonstration program (7
U.S.C. 1632b(i)) is amended to decrease the current
authorization from $6,000,000 to $1,000,000 for each fiscal
year through 2017.
Sec. 6204. Program Metrics
The Secretary is authorized to collect data regarding
economic activities created through grants and loans and to
measure the short- and long-term viability of award recipients
and any entities to who those recipients provide assistance
using award funds under certain authorities. The data shall be
collected both during the award period and after the award
period for a minimum of 2 years. Not later than 4 years after
the date of enactment of this Act, and every 2 years
thereafter, the Secretary shall submit to Congress a report
that contains data collected including specific information on
actions taken by the Secretary to utilize the data, the number
of jobs, including self employment and the value of salaries
and wages, how the grant or loan affected the local economy and
any other benefit, as the Secretary deems appropriate.
Sec. 6205. Study of Rural Transportation Issues
An update on the study on rural transportation issues is
authorized to be submitted not later than 1 year after the date
of enactment of this Act to Congress.
Sec. 6206. Agricultural Transportation Policy
This section authorizes the Secretary of Agriculture to
participate in all proceedings of the Surface Transportation
Board that may establish freight rail transportation policy
affecting agriculture and rural America.
Sec. 6207. Certain Federal Actions not to be Considered Major for
Purposes of Environmental Review
An action of the Secretary that does not involve the
provision of Federal dollars or a loan guarantee from the
Department of Agriculture, including approval by USDA of a
borrower's decision to commence a privately funded activity, a
lien accommodation or subordination, a debt settlement or
restructuring, or the restructuring of a business entity by a
borrower, in the case of a loan, loan guarantee, or grant
program in the rural development mission area of the Department
of Agriculture, shall not be considered a major Federal action.
Title VII--Research, Extension, and Related Matters
SUBTITLE A--NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
POLICY ACT OF 1977
Sec. 7101. Option to not be Included as Hispanic-Serving Agricultural
College or University
The National Agriculture, Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103(10)(A)) is amended to allow
Hispanic-serving Agricultural Colleges and Universities to opt
out of the designation.
Sec. 7102. National Agricultural Research, Extension, Education, and
Economics Advisory Board
The National Agricultural Research, Extension, Education,
and Economics Advisory Board (7 U.S.C. 3123) is extended
through September 30, 2017 and amended to provide authority for
the board to consult with industry groups and make
recommendations to the Secretary.
Sec. 7103. Specialty Crop Committee
Amends Specialty Crop Committee (7 U.S.C. 3123a) to
authorize in its annual report recommendations regarding
research, extension and teaching programs designed to improve
competitiveness in the specialty crop industry.
Sec. 7104. Veterinary Services Grant Program
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3101 et seq.) is amended to
provide the Secretary authority to establish a competitive
grant program for the purpose of developing, implementing, and
sustaining veterinary services. Grants shall only be made to
qualified entities that substantially relieve veterinary
shortage situations, support or facilitate private veterinary
practices engaged in public health activities, or support or
facilitate the practices of veterinarians who are or have
completed services in emergency situations. The Secretary shall
give preference to qualified entities that coordinate with
other qualified entities, consider together the availability of
funds and the grant purpose when selecting grant recipients,
and consider these grants to be competitive research, extension
or education grants. A qualified entity may use funds to
relieve veterinary shortage situations and support vet services
for any of 5 purposes. However, qualified entities operating a
veterinary clinic may only use a grant to establish or expand
veterinary practices and those entities are subject to an
agreement with the Secretary that includes a term of service
for the recipient where the Secretary shall consider together
the amount and specific purpose of the grant. The agreement
shall provide remedies for any breach by the recipient and a
waiver of repayment based on extreme hardship as determined by
the Secretary. Funds recovered shall be credited to the account
carrying out this program and remain available until expended.
Funds may not be used for the purpose of constructing a new
building or facility, or to acquire, expand, remodel or alter
an existing building or facility. The Secretary shall
promulgate regulations for this section not later than 1 year
after the date of enactment of this section. There are
authorized to be appropriated $10,000,000 for fiscal year 2013
and each fiscal year thereafter, to remain available until
expended.
Sec. 7105. Grants and Fellowships for Food and Agriculture Sciences
Education
Grants and Fellowships for Food and Agricultural Sciences
Education (7 U.S.C. 3152(m)) is amended, decreasing the
authorization of appropriations from $60,000,000 to $40,000,000
for each fiscal year through 2017.
Sec. 7106. Policy Research Centers
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3155) is amended to authorize the
Secretary to act through the office of the Chief Economist, and
make competitive grants or cooperative agreements to policy
research centers with a history of providing unbiased,
nonpartisan economic analysis to Congress. Eligible recipients
are amended to include other public research institutions and
organizations. The Secretary shall give a preference to certain
policy research centers that provide analysis to Congress.
There are authorized to be appropriated $5,000,000 for each
fiscal year through 2017.
Sec. 7107. Repeal of Human Nutrition Intervention and Health Promotion
Research Program
Human Nutrition Intervention and Health Promotion Research
(7 U.S.C. 3174) is repealed.
Sec. 7108. Repeal of Pilot Research Program to Combine Medical and
Agricultural Research
Pilot Research Program to Combine Medical and Agricultural
Research (7 U.S.C. 3174a) is repealed.
Sec. 7109. Nutrition Education Program
Nutrition Education Program (7 U.S.C. 3175(f)) is
reauthorized.
Sec. 7110. Continuing Animal Health and Disease Research Programs
Continuing Animal Health and Disease Research Programs (7
U.S.C. 3195) is amended by decreasing the authorization of
appropriations from $25,000,000 to $15,000,000 for each fiscal
year through 2017.
Sec. 7111. Repeal of Appropriations for Research on National or
Regional Problems
Appropriations for Research on National or Regional
Problems (7 U.S.C. 3196) is repealed.
Sec. 7112. Grants to Upgrade Agricultural and Food Sciences Facilities
at 1890 Land-Grant Colleges, including Tuskegee University
Grants to Upgrade Agricultural and Food Sciences Facilities
at 1890 Land-Grant Colleges, including Tuskegee University (7
U.S.C. 3222b(b)) is reauthorized.
Sec. 7113. Grants to Upgrade Agriculture and Food Sciences Facilities
and Equipment at Insular Area Land-Grant Institutions
Grants to Upgrade Agricultural and Food Sciences Facilities
and Equipment at Insular Area Land-Grant Institutions (7 U.S.C.
3222b-2(d)) is reauthorized and amended (7 U.S.C. 3222b-2(a))
to authorize grants to support tropical and subtropical
research, including pest and disease research.
Sec. 7114. Repeal of National Research and Training Virtual Centers
National Research and Training Virtual Centers (7 U.S.C.
3222c) is repealed.
Sec. 7115. Hispanic-Serving Institutions
Hispanic-Serving Institutions (7 U.S.C. 3241(c)) is
reauthorized.
Sec. 7116. Competitive Grants for International Agricultural Science
and Education Programs
Competitive Grants for International Agricultural Science
and Education Programs (7 U.S.C. 3292b(c)) is authorized at
$5,000,000 through for each fiscal year through 2017.
Sec. 7117. Repeal of Research Equipment Grants
Research Equipment Grants (7 U.S.C. 3310a) is repealed.
Sec. 7118. University Research
University Research (7 U.S.C. 3311) is reauthorized.
Sec. 7119. Extension Service
Extension Service (7 U.S.C. 3312) is reauthorized.
Sec. 7120. Auditing, Reporting, Bookkeeping, and Administrative
Requirements
Section 1469 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3315) is
amended to authorize the Secretary to retain not more than 4
percent of amounts made available for agricultural research,
extension and teaching assistance programs towards
administration, with the exception of peer panel expense or
limitations on administrative expenses that are less than 4
percent.
Sec. 7121. Supplemental and Alternative Crops
Supplemental and Alternative Crops (7 U.S.C. 3319d) is
amended to authorize competitive grants and authorized at
$1,000,000 for each fiscal year through 2017.
Sec. 7122. Capacity Building Grants for NLGCA Institutions
Capacity Building Grants for NLGCA Institutions (7 U.S.C.
3319i(b)) is reauthorized.
Sec. 7123. Aquaculture Assistance Programs
Aquaculture Assistance Programs (7 U.S.C. 3322(b)) are
amended to authorize competitive grants and decrease the
authorization of appropriations from $7,500,000 to $5,000,000
for each fiscal year through 2017.
Sec. 7124. Rangeland Research Programs
Rangeland Research Programs (7 U.S.C. 3336(a)) is amended,
decreasing the authorization of appropriations from $10,000,000
to $2,000,000 for each fiscal year through 2017.
Sec. 7125. Special Authorization for Biosecurity Planning and Response
Special Authorization for Biosecurity Planning and Response
(7 U.S.C. 3351(a)) is authorized at $10,000,000 for each fiscal
year through 2017.
Sec. 7126. Distance Education and Resident Instruction Grants Program
for Insular Area Institutions of Higher Education
Distance Education and Resident Instruction Grants Program
for Insular Area Institutions of Higher Education (7 U.S.C.
3362) is amended to authorize competitive grants at $2,000,000
for each fiscal year through 2017. Also, Resident Instruction
Grants for Insular Areas (7 U.S.C. 3363) is authorized at
$2,000,000 for each fiscal year through 2017.
Sec. 7127. Matching Funds Requirement
The National Agricultural, Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.) is amended
to apply a match fund requirement to competitive grants
involving applied research or extension that are commodity or
State-specific under certain covered laws. The recipient shall
provide a match of at least 100 percent of the amount of the
grant, from sources other than funds provided through the
grant. The Secretary is given the authority to waive the match
requirement if the Advisory Board has determined that the
applied research is a national priority. This provision will
apply to grants awarded after Oct. 1, 2012, unless this
authority is withstood.
SUBTITLE B--FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT OF 1990
Sec. 7201. Best Utilization of Biological Applications
Best Utilization of Biological Applications (7 U.S.C. 5814)
is authorized for each fiscal year through 2017.
Sec. 7202. Integrated Pest Management Systems
Integrated Pest Management Systems (7 U.S.C. 5821(d)) is
authorized for each fiscal year through 2017.
Sec. 7203. Sustainable Agriculture Technology Development and Transfer
Program
Sustainable Agriculture Technology Development and Transfer
Program (7 U.S.C. 5831(f)) is authorized at $5,000,000 for each
fiscal year through 2017.
Sec. 7204. National Training Program
National Training Program (7 U.S.C. 5832(9)) is authorized
for each fiscal year through 2017.
Sec. 7205. National Genetics Resources Program
National Genetics Resources Program (7 U.S.C. 5844(b)) is
authorized at $1,000,000 for each fiscal year through 2017.
Sec. 7206. Repeal of National Agricultural Weather Information System
National Agricultural Weather Information System (7 U.S.C.
5851 et seq.) is repealed.
Sec. 7207. Repeal of Rural Electronic Commerce Extension Program
Rural Electronic Commerce Extension Program (7 U.S.C. 5923)
is repealed.
Sec. 7208. Repeal of Agricultural Genome Initiative
Agricultural Genome Initiative (7 U.S.C. 5924) is repealed.
Sec. 7209. High-Priority Research and Extension Initiatives
High-Priority Research and Extension Initiatives (7 U.S.C.
5925) is reauthorized and amended to repeal certain
authorities. A waiver of the matching funds requirement is
authorized if the project involves a pest that has been
designated as a pest of public health significance.
Reauthorizes pollinator protection and authorizes research on
bed bugs and pests that are a risk to public health. An annual
report is authorized to address honey bee health disorders and
best management practices. The Secretary shall award grants for
the purposes of developing more efficacious methods of
detecting, preventing and managing bed bugs and conducting
basic and applied bed bug biology research. A timeline is
provided requiring that the Secretary publish a request for
competitive grant proposals and for the evaluation and award of
grants and the notification of any awards to the task force.
Also provides for consultation and coordination between the
Secretary and the Administrator of the EPA regarding the
awarding of grants under this subsection and the evaluation of
the results of such research projects to expedite the approval
or registration under the Federal Insecticide, Fungicide, and
Rodenticide Act of methods identified or discovered through
research projects funded under this subsection.
Sec. 7210. Repeal of Nutrient Management Research and Extension
Initiative
Nutrient Management Research and Extension Initiative (7
U.S.C. 5925a) is repealed.
Sec. 7211. Organic Agriculture Research and Extension Initiative
The Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 5925b) is reauthorized and amended to authorize a
priority for grant proposals that, after the peer review
process, are found to be scientifically meritorious under the
criteria for priority under the farm business management grant
authority. Of the funds of the Commodity Credit Corporation,
$16,000,000 is authorized for each fiscal year through 2017.
Sec. 7212. Repeal of Agricultural Bioenergy Feedstock and Energy
Efficiency Research and Extension Initiative
Agricultural Bioenergy Feedstock and Energy Efficiency
Research and Extension Initiative (7 U.S.C. 5925e) is repealed.
Sec. 7213. Farm Business Management
Farm Business Management (7 U.S.C. 5925f(d)) is authorized
at $5,000,000 for each fiscal year through 2017.
Sec. 7214. Regional Centers of Excellence
The Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 5925f) is amended to authorize the Secretary to
prioritize regional centers of excellence for specific
agricultural commodities to receive funding for competitive
research or extension programs. A regional center of excellence
is composed of 1 or more of the eligible entities under the
Agriculture and Food Research Initiative. Certain criteria will
be considered for recognition as a center of excellence.
Sec. 7215. Repeal of Red Meat Safety Research Center
Red Meat Safety Research Center (7 U.S.C. 5929) is
repealed.
Sec. 7216. Assistive Technology Program for Farmers with Disabilities
Assistive Technology Program for Farmers with Disabilities
(7 U.S.C. 5933(c)(1)) is amended, decreasing the authorization
of appropriations from $6,000,000 to $3,000,000 for each fiscal
year through 2017.
Sec. 7217. National Rural Information Center Clearinghouse
National Rural Information Center Clearinghouse (7 U.S.C.
3125b(e)) is reauthorized.
SUBTITLE C--AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM ACT
OF 1998
Sec. 7301. Relevance and Merit of Agricultural Research, Extension, and
Education Funded by the Department
The Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7613(a)(2)) is amended to require
procedures for review to address relevance for grants
administered on a competitive basis by the National Institute
of Food and Agriculture and provides for ongoing consultation
between the Secretary and advisory board regarding merit review
procedures.
Sec. 7302. Integrated Research, Education, and Extension Competitive
Grants Program
Integrated Research, Education, and Extension Competitive
Grants Program (7 U.S.C. 7626(e)) is reauthorized.
Sec. 7303. Repeal of Coordinated Program of Research, Extension, and
Education to Improve Viability of Small and Medium Size Dairy,
Livestock, and Poultry Operations
Coordinated Program of Research, Extension, and Education
to Improve Viability of Small and Medium Size Dairy, Livestock,
and Poultry Operations (7 U.S.C. 7627) is repealed.
Sec. 7304. Repeal of Bovine Johne's Disease Control Program
Bovine Johne's Disease Control Program (7 U.S.C. 7629) is
repealed.
Sec. 7305. Grants for Youth Organizations
Grants for Youth Organizations (7 U.S.C. 7630(d)) is
authorized at $3,000,000 for each fiscal year through 2017.
Sec. 7306. Specialty Crop Research Initiative
The Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7632) is reauthorized and amended to
include efforts to improve handling and processing. It is also
amended to authorize competitive grants based on an initial
scientific peer review conducted by a panel of subject matter
experts and a final funding determination based on a review and
ranking for merit, relevance and impact by an appropriate panel
of specialty crop industry representatives. Of the funds of the
Commodity Credit Corporation, $25,000,000 is authorized for
fiscal year 2013; $30,000,000 for each fiscal years 2014 and
2015; $65,000,000 for fiscal year 2016 and $50,000,000 for
fiscal year 2017 and each year thereafter.
Sec. 7307. Food Animal Residue Avoidance Database Program
Food Animal Residue Avoidance Database Program is
reauthorized through 2017.
Sec. 7308. Repeal of National Swine Research Center
National Swine Research Center (P.L. 105-185; 112 Stat.
605) is repealed.
Sec. 7309. Office of Pest Management Policy
Office of Pest management Policy (7 U.S.C. 7653(f)) is
authorized at $3,000,000 for each fiscal year through 2017.
Sec. 7310. Repeal of Studies of Agricultural Research, Extension, and
Education
Studies of Agricultural Research, Extension and Education
(7 U.S.C. 7671 et seq.) is repealed.
SUBTITLE D--OTHER LAWS
Sec. 7401. Critical Agricultural Materials Act
Critical Agricultural Materials Act (7 U.S.C. 178n(a)) is
authorized at $2,000,000 for each fiscal year through 2017.
Sec. 7402. Equity in Educational Land-Grant Status Act of 1994
Equity in Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note; P.L. 103-382) is amended to update and add
colleges to the list of 1994 institutions. Section 533 extends
the authorization of appropriations and the consideration of
1994 Institutions as land-grant colleges eligible to
participate in the youth-at-risk and the federally recognized
Tribes Extension Program implemented under section 3(d) of the
Smith-Lever Act. Section 535 reauthorizes Institutional
Capacity Building Grants. Section 536 expands the list of
partners eligible to enter into cooperative agreements with
1994 Institutions to conduct research from land-grant colleges
or universities only, to include ARS, Non-land Grant College of
Agriculture, or McIntyre-Stennis recognized schools of forestry
and authorizes funds to be appropriated as necessary for each
of the fiscal years through 2017.
Sec. 7403. Research Facilities Act
Research Facilities Act (7 U.S.C. 390d(a)) is reauthorized.
Sec. 7404. Repeal of Carbon Cycle Research
Carbon Cycle Research (7 U.S.C. 6711) is repealed.
Sec. 7405. Competitive, Special, and Facilities Research Grant Act
Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 450(i)) is reauthorized. Plant based foods that are a
major source of nutrients, zoonotic diseases in wildlife
reservoirs presenting potential concern to public health or
domestic livestock, animal drugs for minor species and minor
uses in major species and conservation efforts addressing
nutrient loss and water quality are authorized as priority
areas for competitive grants. Requires the Secretary to
establish procedures under which State or Federal commodity
promotion entities may directly submit proposals for requests
for applications for grants to address issues related to
established priorities. Also authorizes the Secretary to
provide grants to eligible entities for research proposals
submitted by State or Federal commodity promotion entities. The
emphasis on sustainable agriculture is repealed.
Sec. 7406. Renewable Resources Extension Act of 1978
Renewable Resources Extension Act of 1978 (16 U.S.C. 1675)
is reauthorized.
Sec. 7407. National Aquaculture Act of 1980
National Aquaculture Act of 1980 (16 U.S.C. 2809) is
reauthorized.
Sec. 7408. Repeal of Use of Remote Sensing Data
Use of Remote Sensing Data (7 U.S.C. 5935) is repealed.
Sec. 7409. Repeal of Reports under Farm Security and Rural Investment
Act of 2002
Reports under Farm Security and Rural Investment Act of
2002 (7 U.S.C. 5925b note, PL 107-171) (PL 107-171; 116 Stat.
462) (7 U.S.C. 5925a note; PL 107-171) is repealed.
Sec. 7410. Beginning Farmer and Rancher Development Program
Sec. 7405 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 3319f) is amended to authorize competitive
grants towards certain programs and services and provide a
priority for school based agriculture education organizations.
At least 5 percent of funds shall be used to support programs
and services addressing the needs of beginning farmers and
ranchers who are also military veterans. These grant recipients
are encouraged to coordinate with recipients under the
Assistive Technology Program for Farmers with Disabilities. Of
the funds of the Commodity Credit Corporation, $10,000,000 is
authorized for each fiscal year through 2017, to be available
until expended.
Sec. 7411. Inclusion of Northern Mariana Islands as a State under
McIntire-Stennis Cooperative Forestry Act
Public Law 87-788, commonly known as the McIntire-Stennis
Cooperative Forestry Act (16 U.S.C. 582a-7) is amended to
include the Commonwealth of the Northern Mariana Islands as a
state.
SUBTITLE E--FOOD, CONSERVATION, AND ENERGY ACT OF 2008
Sec. 7501. Agricultural Biosecurity Communication Center
Agricultural Biosecurity Communication Center (7 U.S.C.
8912(c)) is authorized at $2,000,000 for each fiscal year
through 2017.
Sec. 7502. Assistance to Build Local Capacity in Agricultural
Biosecurity Planning, Preparation, and Response
Assistance to Build Local Capacity in Agricultural
Biosecurity Planning, Preparation and Response (7 U.S.C. 8913)
is each authorized at $15,000,000 for each fiscal year through
2017.
Sec. 7503. Research and Development of Agricultural Countermeasures
Research and Development of Agricultural Countermeasures (7
U.S.C. 8921(b)) is amended, decreasing the authorization from
$50,000,000 to $15,000,000 for each fiscal year through 2017.
Sec. 7504. Agricultural Biosecurity Grant Program
Agricultural Biosecurity Grant Program (7 U.S.C. 8922(e))
is authorized at $5,000,000 for each fiscal year through 2017,
to remain available until expended.
Sec. 7511. Enhance Use Lease Authority Pilot Program
Enhanced Use Lease Authority Pilot Program (7 U.S.C. 3125a)
is reauthorized through 2017.
Sec. 7512. Grazinglands Research Laboratory
Grazinglands Research Laboratory (P.L. 110-246;122 Stat
2019) is reauthorized through 2017.
Sec. 7513. Budget Submission and Funding
Section 7506 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 7641c) is amended to add a budget and funding
submission requirement. The budget submission shall include for
each funding request for covered programs, certain baseline for
each covered program, including the location and staff years of
each covered program carried out by ERS or ARS, and specific
information for each request for awards under certain
authorities. Covered programs may not be carried out during the
fiscal year if required information is not submitted with the
budget. A report is authorized containing a description of the
agricultural research, extension and education activities
carried out by the Federal government during the fiscal year
immediately preceding.
Sec. 7514. Repeal of Research and Education Grants for the Study of
Antibiotic-Resistant Bacteria
Research and Education Grants for the Study of Antibiotic-
Resistant Bacteria (7 U.S.C. 3202) is repealed.
Sec. 7515. Repeal of Farm and Ranch Stress Assistance Network
Farm and Ranch Stress Assistance Network (7 U.S.C. 5936) is
repealed.
Sec. 7516. Repeal of Seed Distribution
Seed Distribution (7 U.S.C. 415-1) is repealed.
Sec. 7517. Natural Products Research Program
Natural Products Research Program (7 U.S.C. 5937(e)) is
authorized at $7,000,000 for each fiscal year through 2017.
Sec. 7518. Sun Grant Program
Sec. 7526 of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8114) is amended to authorize the Secretary to
coordinate among appropriate Federal agencies. Grants are
authorized to be used towards integrated, multistate research,
extension and education programs on technology development and
implementation. Funding allocations for specific programs are
repealed. Requirements for the plan for research activities to
be funded to address bioproducts and priorities of appropriate
Federal agencies are amended. The Sun Grant Program is
reauthorized.
Sec. 7519. Repeal of Study and Report on Food Deserts
Study and Report on Food Deserts (PL 110-246, 112 Stat.
2039) is repealed.
Sec. 7520. Repeal of Agricultural and Rural Transportation Research and
Education
Agricultural and Rural Transportation Research and
Education (7 U.S.C. 5938) is repealed.
Sec. 7521. Conveyance of Land Comprising Subtropical Horticulture
Research Station
The Secretary is authorized to convey land comprising
subtropical horticulture research station in exchange for an
amount of cash equal to the market value of the property from
Miami-Dade County in the state of Florida. The Secretary shall
deposit all funds received from the conveyance into the
Treasury of the United States, to be credited to the
appropriation for the Agricultural Research Service, until
expended, for the operation, upkeep and maintenance of the
Subtropical Horticulture Research Station.
Sec. 7522. Concessions, Fees, and Voluntary Services at National
Arboretum
The Act of March 4, 1927 (20 U.S.C. 196) is amended to
allow the Secretary to grant concessions to nonprofit
organizations that support the purpose of the National
Arboretum. In addition, a nonprofit organization granted a
concession may recognize donors if such recognition is approved
by the Secretary.
Sec. 7523. Cotton Disease Research Report
Not later than 180 days after enactment of this Act, the
Secretary shall submit to Congress a Cotton Disease Research
Report.
Sec. 7524. Miscellaneous Technical Corrections
The Food, Conservation, and Energy Act of 2008 (PL 110-246;
122 Stat. 2013) is amended to make a technical correction.
Title VIII--Forestry
SUBTITLE A--REPEAL OF CERTAIN FORESTRY PROGRAMS
Sec. 8001. Forest Land Enhancement Program
Section 8001 amends section 4 of the Cooperative Forestry
Assistance Act of 1978 by repealing the Forest Land Enhancement
Program.
Sec. 8002. Watershed Forestry Assistance Program
Section 8002 amends section 6 of the Cooperative Forestry
Assistance Act of 1978 by repealing the Watershed Forestry
Assistance Program.
Sec. 8003. Expired Cooperative National Forest Products Marketing
Program
Section 8003 amends section 18 of the Cooperative Forestry
Assistance Act of 1987 by repealing the Cooperative National
Forest Products Marketing Program.
Sec. 8004. Hispanic-Serving Institution Agricultural Land National
Resources Leadership Program
Section 8004 amends section 8402 of the Food, Conservation,
and Energy Act of 2008 by repealing the Hispanic-serving
Institutional Agricultural Land National Resources Leadership
Program.
Section 8005. Tribal Watershed Forestry Assistance Program
Section 8005 amends section 303 of the Healthy Forests
Restoration Act of 2003 by repealing the Tribal Watershed
Forestry Assistance Program.
SUBTITLE B--REAUTHORIZATION OF COOPERATIVE FORESTRY ASSISTANCE ACT OF
1978 PROGRAMS
Sec. 8101. Forest Legacy Program
Section 8101 amends section 7 of the Cooperative Forestry
Assistance Act of 1978 by reauthorizing the Forest Legacy
Program through FY 2017 at $55,000,000 for each fiscal year
2013 through 2017.
Section 8102. Community Forest and Open Space Conservation Program
Section 8102 amends section 7A of the Cooperative Forestry
Assistance Act of 1978 by reauthorizing the Community Forest
and Open Space Conservation Program at $1,500,000 for each
fiscal year 2013 though 2017.
SUBTITLE C--REAUTHORIZATION OF OTHER FORESTRY-RELATED LAWS
Sec. 8201. Rural Revitalization Technologies
Section 8201 amends section 2371 of the Food, Agriculture,
Conservation, and Trade Act of 1990 by reauthorizing the Rural
Revitalization Technologies at the current level of $5,000,000
for each fiscal year through 2017.
Sec. 8202. Office of International Forestry
Section 8201 amends section 2405 of the Global Climate
Change Prevention Act of 1990 by reauthorizing the Office of
International Forestry within the Forest Service at $6,000,000
for each fiscal year 2013 though 2017.
Sec. 8203. Change in Funding Source for Healthy Forest Reserve Program
Section 8203 amends section 508 of the Healthy Forests
Restoration Act of 2003 by making the Healthy Forest Reserve
Program subject to appropriated funds at an authorization level
of $9,750,000 for each fiscal year 2013 through 2017. The
section further allows the Secretary to use funds appropriated
for a given fiscal to carry out the Soil Conservation and
Domestic Allotment Act, if necessary to cover the cost of
technical assistance, management, and enforcement
responsibilities for land enrolled in the program as permanent
easements or 30-year easements.
Sec. 8204. Stewardship End Result Contracting Project Authority
Section 8204 amends section 347 of the Department of the
Interior and Related Agencies Appropriations Act by
reauthorizing Forest Service's stewardship end contracting
authority through FY 2017.
SUBTITLE D--NATIONAL FOREST CRITICAL AREA RESPONSE
Sec. 8301. Definitions
Section 8301 defines the terms ``critical area'' and
``National Forest system'' for the purposes of the title.
Sec. 8302. Designation of Critical Areas
Subsection (a) requires the Secretary to designate critical
areas within the National Forest System for the purposes of
addressing deteriorating forest health conditions in existence
at the time of this Act due to insect infestation, drought,
disease, or storm damage as well as future risk of insect
infestations or disease outbreaks.
Subsection (b) directs the Secretary to use the most recent
annual forest health aerial surveys of mortality and
defoliation for the purpose of determining deteriorating forest
health conditions at the time of this Act and the National
Insect and Disease Risk Map for the purpose determining of
future risk when considering National Forest System land for
designation as a critical area.
Subsection (c) requires the Secretary to designate the
first critical areas no later than 60 days after enactment of
this Act.
Subsection (d) establishes that a critical area designation
under this subtitle shall last for 10 years.
Sec. 8303. Application of Expedited Procedures and Activities of the
Healthy Forest Restoration Act of 2003 to Critical Areas
Subsection (a), subject to specified modifications within
the section, allows for the application of authorities of title
I of the Healthy Forests Restoration Act of 2003 to all Forest
Service projects and activities carried out in a designated
critical area.
Subsection (b) exempts projects conducted in accordance
with this section from section 322 of Public Law 102-381 which
prohibits the use of appropriations to complete and issue the
five-year program under the Forest and Rangeland Renewable
Resources Planning Act.
Subsection (c) requires the Secretary to make the following
modifications when applying title I authorities to Forest
Service projects and activities in a critical area: (1) the
authority should apply to the entire critical area; and (2) all
projects and activities of the Forest Service shall be
considered to be authorized hazardous fuel reduction projects
for the purpose of applying this title.
Subsection (d) excludes projects that comprise less than
1,000 acres from the requirements for an environmental
assessment or an environmental impact statement. The exclusion
does not apply to: land in the National Wilderness Preservation
System; any Federal land on which, by an Act of Congress or
Presidential proclamation, removal of vegetation is restricted;
a congressionally designated wilderness study area; or an area
in which the activity would be inconsistent with the applicable
land and resource management plan.
Subsection (e) requires that all projects and activities
carried out in a critical area pursuant to the subtitle shall
be consistent with land and resource management plans.
Sec. 8304. Good Neighbor Authority
Subsection (a) defines the terms ``eligible State'' and
``State forester'' for the purposes of the section.
Subsection (b) gives the Secretary authority to enter into
cooperative agreements or contracts with a State forester
authorizing the State forester to provide the forest,
rangeland, and watershed restoration and protection services on
National Forest System land in the eligible State. Restoration
and protection services include activities to treat insect
infected trees, activities to reduce hazardous fuels, and any
other activities to restore or improve forest, rangeland, and
watershed health. Such cooperative agreement or contract may
authorize the State forester to serve as the agent for the
Secretary in providing those authorized services. A State
forester may enter into subcontracts to provide those
authorized services if it is in accordance with applicable
contract procedures for the eligible State. Any decision
required to be made under NEPA may not be delegated to a State
forester or any other officer or employee of the eligible State
under this section.
Services performed under such cooperative agreement or
contract shall be exempt from subsections (d) and (g) of
section 14 of the National Forest Management Act of 1976.
Subsection (d) of that Act requires the Secretary to advertise
all timber sales unless extraordinary conditions exist or the
appraised value of the sale is less than $10,000. Subsection
(g) of that Act requires that designation and marking, and
supervision of harvesting of trees be conducted by persons
employed by the Secretary and have no personal interest in the
purchase or harvest of such products nor be in the direct or
indirect employ of the purchaser.
The restoration and protection services under this section
shall be carried out on a project-by-project basis under
existing Forest Service authorities.
SUBTITLE E--MISCELLANEOUS PROVISIONS
Sec. 8401. Revision of Strategic Plan for Forest Inventory and Analysis
Subsection (a) requires the Secretary to, not later than
180 days after enactment of this Act, revise the strategic plan
for forest inventory and analysis to address the new
requirements imposed by this section.
Subsection (b) enumerates a list of new requirements for
the purpose of revising the strategic plan for forest inventory
and analysis.
Subsection (c) requires the Secretary to submit the revised
strategic plan to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
Sec. 8402. Forest Service Participation in ACES Program
Section 8402 allows the Forest Service to use certain
Forest Service funds for the purpose of using the Agricultural
Conservation Experienced Services (ACES) Program to provide
technical services for conservation-related programs and
authorities carried out on Forest Service System lands.
Title IX--Energy
Sec. 9001. Definition of Renewable Energy System
Section 9001 amends section 9001 of the Farm Security and
Rural Investment Act of 2002 by modifying the definition of
``biobased product'' and adding a definition of ``forest
product'' to ensure that mature forest products are treated in
the same manner as other biobased products. The section also
adds a definition for ``renewable energy system'' which limits
the eligible projects in the Rural Energy for America Program.
Sec. 9002. Biobased Markets Program
Section 9002 amends section 9002 of the Farm Security and
Rural Investment Act of 2002 by reauthorizing the Biobased
Markets Program with discretionary funding authorized at $2
million per fiscal year through 2017.
Sec. 9003. Biorefinery Assistance
Section 9003 amends section 9003 of the Farm Security and
Rural Investment Act of 2002 by eliminating grant funding in
the Biorefinery Assistance Program to ensure that program
funding is spent more efficiently through loan guarantees with
discretionary funding at $75 million per fiscal year through
2017.
Sec. 9004. Repeal of Repowering Assistance Program and Transfer of
Remaining Funds
Section 9004 amends section 9004 of the Farm Security and
Rural Investment Act of 2002 by repealing the Repowering
Assistance Program and transferring any remaining funds to the
Rural Energy for America Program.
Sec. 9005. Bioenergy Program for Advanced Biofuels
Section 9005 amends section 9005 of the Farm Security and
Rural Investment Act of 2002 by reauthorizing the Bioenergy
Program for Advanced Biofuels with discretionary funding at $50
million per fiscal year through 2017.
Sec. 9006. Biodiesel Fuel Education Program
Section 9006 amends section 9006 of the Farm Security and
Rural Investment Act of 2002 by reauthorizing the Biodiesel
Fuel Education Program with discretionary funding at $2 million
per fiscal year through 2017.
Sec. 9007. Rural Energy for America Program
Section 9007 amends section 9007 of the Farm Security and
Rural Investment Act of 2002 by eliminating the authority for
feasibility studies, creating a three-tiered application
process, and reauthorizing the Rural Energy for America Program
with discretionary funding at $45 million per fiscal year
through 2017.
Sec. 9008. Biomass Research and Development
Section 9008 amends section 9008 of the Farm Security and
Rural Investment Act of 2002 by reauthorizing Biomass Research
and Development with discretionary funding at $20 million per
fiscal year through 2017.
Sec. 9009. Feedstock Flexibility Program for Bioenergy Producers
Section 9009 amends section 9010 of the Farm Security and
Rural Investment Act of 2002 by reauthorizing the Feedstock
Flexibility Program for Bioenergy Producers through 2017.
Sec. 9010. Biomass Crop Assistance Program
Section 9010 amends section 9011 of the Farm Security and
Rural Investment Act of 2002 by eliminating collection,
harvest, storage, and transportation (``CHST'') payments and
reauthorizing the program with discretionary funding at
$75,000,000 per fiscal year through 2017. This section also
adds ``existing project areas that have received funding'' to
the factors the Secretary shall consider when selecting project
areas.
Sec. 9011. Community Wood Energy Program
Section 9011 amends section 9013 of the Farm Security and
Rural Investment Act of 2002 by reauthorizing the Community
Wood Energy Program with discretionary funding at $2 million
per fiscal year through 2017.
Sec. 9012. Repeal of Biofuels Infrastructure Study
Section 9012 amends section 9002 of the Food, Conservation,
and Energy Act of 2008 by repealing the Biofuels Infrastructure
Study.
Sec. 9013. Repeal of Renewable Fertilizer Study
Section 9013 amends section 9003 of the Food, Conservation,
and Energy Act of 2008 by repealing the Renewable Fertilizer
Study.
Title X--Horticulture
Sec. 10001. Specialty Crops Market News Allocation
Section 10001 amends section 10107 of the Food,
Conservation, and Energy Act of 2008 by reauthorizing
appropriations for specialty crop news market services at
$9,000,000 for each fiscal year, through FY 2017.
Sec. 10002. Repeal of Grant Program To Improve Movement of Specialty
Crops
Sec. 10002 amends section 10403 of the Food, Conservation,
and Energy Act of 2008 repealing the grant program to improve
movement of specialty crops.
Sec. 10003. Farmers Market and Local Food Promotion Program
Sec. 10003 amends section 6 of the Farmer-to-Consumer
Direct Marketing Act of 1976 and the Farmers Market and Local
Food Promotion Program. The section includes ``local food'' in
the title and establishment section. It further clarifies the
purposes section of the program to highlight ``locally and
regionally produced agricultural products''.
The section includes a matching fund requirement at 25
percent for entities carrying out local and regional food
business enterprises. It limits the use of grant money by
prohibiting its use for purchase, construction, or
rehabilitation of buildings or structure.
The section makes available $20,000,000 in mandatory
funding each year and maintains the authorization for
$10,000,000 for the program for each fiscal year 2013 through
FY 2017. Of the funds made available, 50 percent is reserved
for activities related to direct producer-to-consumer market
opportunities, such as farmers' market and roadside stands; and
50 percent is reserved for activities of local and regional
food business enterprises that process, distribute, aggregate,
and store locally or regionally produced food products. Not
more than 5 percent of the total amount of funds made available
to the program can be used for administrative expenses.
Sec. 10004. Organic Agriculture
Subsection (a) amends section 7407 of the Farm Security and
Rural Investment Act of 2002 by extending the Organic
Production and Market Data Initiatives through FY 2017 at
$5,000,000 for each fiscal year. In addition to appropriated
funds, the subsection makes available $5,000,000 in mandatory
funds to remain available until expended.
Subsection (b) amends section 2122 of the Organic Foods
Production Act of 1990 and the National Organic Program to
include a section requiring the Secretary to modernize database
and technology systems for the program.
Subsection (c) amends section 2123 of the Organic Foods
Production Act of 1990 by reauthorizing the program at the
current level of $11,000,000 for each fiscal year through FY
2017. In addition to appropriated funds, the subsection makes
available $5,000,000 in mandatory funds to remain available
until expended.
Subsection (d) amends section 10606 of the Farm Security
and Rural Investment Act of 2002 by repealing the National
Organic Certification Cost-share Program.
Sec. 10005. Investigations and Enforcement of the Organic Foods
Production Act of 1990
The Organic Foods Production Act of 1990 (7 U.S.C. 6521) is
amended to authorize the Secretary to take investigative
actions necessary to carry out this title to verify the
accuracy of information and determine whether a person covered
by this title has committed a violation of any provision of
this title. The Secretary is authorized to administer oaths and
affirmations, subpoena witnesses, take evidence and require the
production of records required to be maintained under this
title, relevant to the investigation. It is an unlawful act for
any person covered by this title to refuse to provide
information required by the Secretary under this title or to
violate a suspension or revocation of either the organic
certification of a producer or handler or the accreditation of
a certifying agent. The Secretary may suspend, after notice and
opportunity for an expedited administrative hearing, the
organic certification or accreditation if the Secretary has
reason to believe that a covered person has violated or is
violating any provision of this title. The decision to suspend
a certification may be appealed to a U.S. district court no
later than 30 days after such decision is made and shall not
take effect until judicial review of the decision is completed.
If the Secretary, subsequent to an investigation, determines
that a violation has occurred, the suspension shall remain in
effect until the Secretary issues a revocation of the
certification or the accreditation, after an expedited
administrated appeal is completed. After the appeal, if a
violation of this title is determined to have occurred, the
Secretary shall revoke the certification or the accreditation.
A revocation of a certification or accreditation may be
appealed to a U.S. district court within 30 days of the
revocation. A revocation shall be set aside only if the
revocation is clearly erroneous. The Secretary may apply to the
appropriate U.S. district court for enforcement of a final
revocation, and the court shall enforce the revocation. Civil
penalties under the title are authorized if there is a
violation of the revocation.
Sec. 10006. Food Safety Education Initiatives
Section 10006 amends section 10105 of the Food,
Conservation, and Energy Act of 2008 by extending the
authorization of appropriations for Food Safety Education
Initiatives at $1,000,000 through FY 2017.
Sec. 10007. Specialty Crop Block Grants
Section 10007 amends section 101 of the Specialty Crops
Competitiveness Act of 2004 by changing the grant allocation
formula. It makes available $70,000,000 in mandatory funding
for the Specialty Crop Block Grants for each fiscal year, 2013
through 2017. The section requires the Secretary, not later
than 180 days after the effective date of this Act, to issue
guidance for the purpose of making grants to multistate
projects and designates mandatory funds for such purposes. The
Secretary may not use more than 3 percent of the funds made
available for a fiscal year for administrative expenses. A
State receiving a Specialty Crop Block Grant may not use more
than 8 percent of the funds received under the grant for a
fiscal year for administrative expenses.
Sec. 10008. Report on Honey
Subsection (a) requires the Secretary, in consultation with
stakeholders, to submit a report to the Commissioner of the
FDA, describing how an appropriate Federal standard for
identifying honey would be in the interest of consumers and the
honey industry. The Secretary shall submit such a report not
later than 180 days of the date of enactment of this Act.
Subsection (b) requires the Secretary to consider the
March, 2006, Standard of Identity citizens' petition filed with
the FDA, including any current industry amendments or
clarifications, when preparing such a report.
Sec. 10009. Bulk Shipments of Apples to Canada
Subsection (a) exempts apples shipped to Canada in bulk
bins from the provisions of the Export Apple Act.
Subsection (b) amends the definitions section of the Export
Apple Act to include a definition of the term ``bulk bin''.
Subsection (c) requires the Secretary to issue regulations
to carry out the amendments, not later than 60 days after the
date of enactment of this Act.
Sec. 10010. Inclusion of Olive Oil in Import Controls under the
Agricultural Adjustment Act
Section 10010 amends section 8e of the Agricultural
Adjustment Act to include olive oil in the list of commodities
regulated by import controls.
Sec. 10011. Petitions to Determine Organism Not a Plant Pest
The Plant Protection Act (7 U.S.C. 7711) is amended to
expand the scope and clarify the procedures of the process by
which a person may petition the Secretary for a determination
that an organism that is subject to regulation by the Secretary
as a plant pest is not a plant pest. In reviewing a petition,
the Secretary shall conduct a plant pest risk assessment as
well as an environmental analysis of any likely adverse effects
of such organism on the soil, water, air quality, non-target
organisms, and listed threatened and endangered species and the
critical habitat of such species for the environment in which
such organism is likely to be grown or otherwise used under the
conditions in the petition. The Secretary shall issue a
determination that an organism is not a plant pest if, based on
sound science and the plant pest risk assessment, the Secretary
determines that the organism is not likely to be a plant pest.
The Secretary shall complete the risk assessment and authorized
environmental analysis and issue a determination not later than
1 year after the Secretary determines that a petition is
complete. The Secretary may extend the 1 year review period for
an additional 180 days if the Secretary determines the
additional review is necessary, after written notification to
the person submitting the petition. Notwithstanding any other
provision of law, if after completing the risk assessment, the
Secretary finds there is no reason to believe that an organism
is a plant pest and does not grant or deny a petition within
the time period required, such organism shall be deemed not to
be a plant pest.
If an organism contains a plant-incorporated protectant, a
determination made that an organism is not a plant pest or the
deeming that an organism is not a plant pest shall not be
effective until the registration of the plant-incorporated
protectant is approved under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.).
Notwithstanding a determination that an organism is not a plant
pest or that such organism has been deemed not to be a plant
pest, the Secretary may issue a determination, based on
information discovered after the date of such determination or
the date on which the organism was so deemed and sound science
that an organism is a plant pest.
The Secretary shall publish notice in the Federal Register
of a grant or denial of a petition or a deeming that such
organism is not a plant pest. The risk assessment and
environmental analysis shall be provided to the person who
submitted a petition and made available to the public.
Notwithstanding any other provision of law, the
environmental analysis required here shall be the only analysis
or procedure regarding the effects on the environment of an
organism that is the subject of a petition required or
authorized by law with respect to reviewing and taking action
on such petition. No funds made available by any act shall be
obligated, expended or used for any environmental analysis or
procedure other than the environmental analysis required here
for petitions. The Secretary shall also not require or solicit
any financial assistance from a person submitting a petition
for any environmental analysis or procedure required here, or
for any other analysis or procedure.
Notwithstanding any other provision of law, the Secretary
shall use data collected under a permit, with respect to an
organism, among other relevant data, for the purposes of the
review of a petition submitted with respect to such organism,
and shall use the analysis or procedures required under the
regulations issued under the Federal Plant Pest Act, continued
in effect in accordance with section 438(c), as the only
analyses or procedures required or authorized by law with
respect to reviewing and taking action on an application for a
permit.
Notwithstanding any other provision of law, in reviewing an
application for a permit that is not currently excluded from
environmental review, the Secretary shall conduct the
environmental analysis authorized here. Such analysis shall be
the only environmental analysis or procedure required or
authorized by law with respect to reviewing and taking action
on this type of permit.
Notwithstanding any other provision of law, including
section 411A of the Plant Protection Act, if the Secretary
determined that a petition submitted before the date of
enactment of this section was complete before such date, the
Secretary shall consider such petition to remain complete and
maintain such status. Notwithstanding any other provision of
law, including subsection (c) of section 411 of this Act, if
the Secretary determined that a permit application submitted
before the date of enactment of this section was complete
before such date, the Secretary shall consider such application
to remain complete and maintain such status.
Notwithstanding any other provision of law, the Secretary
shall use any environmental analysis conducted for purposes of
a petition before the date of enactment of this section with
respect to an organism to the greatest extent possible to
complete the environmental analysis conducted under section
411A of this Act for a petition. Notwithstanding any other
provision of law, the Secretary shall use any environmental
analysis conducted for purposes of a permit application before
the date of enactment of this section with respect to an
organism to the greatest extent possible to complete any
environmental analysis that may be required for this type of
permit after the date of enactment.
The Secretary shall determine the length of the period for
the review of petitions that were pending review on the date of
the enactment of this section. Notwithstanding any other
provision of law, for each covered petition, if the Secretary
finds that there is no reason to believe that the subject
organism is a plant pest, and the petition is not granted or
denied, not later than 90 days after enactment of this section,
such organism shall be deemed not to be a plant pest. A covered
petition is a petition submitted before the date of enactment
of this section for which a plant pest risk assessment and an
environmental assessment have been published and a notice and
comment period have been completed as of the date of enactment.
Not later than 180 days after the date of enactment of this
section, the Secretary shall issue such regulations as the
Secretary considers necessary to carry out the amendments made
by this section.
Sec. 10012. Consolidation of Plant Pest and Disease Management and
Disaster Prevention Programs
Amends the Plant Protection Act to authorize the National
Clean Plant Network, as previously authorized in the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 7761). The use
of any Commodity Credit Corporation funds under this section to
provide technical assistance shall not be considered an
allotment or fund transfer from the Corporation for the
purposes of the limit on expenditure for technical assistance
imposed by the Corporation's Charter Act (7 U.S.C. 714i). The
section makes available $71,500,000 in mandatory funds for
fiscal year 2013 and each fiscal year thereafter.
Sec.10013. Authority for Regulation of Plants
Any living stage of a plant, including any nucleic acid or
other genetic material as contained in such plant, shall be
exclusively subject to regulation under statutes which
authorize the Secretary of Agriculture to issue regulations
with respect to plants. However, a pesticidal substance that is
contained in a plant, subjected to the Plant Protection Act and
intended for preventing, destroying, repelling, or mitigating
any pest shall be subject to regulation as a plant incorporated
protectant under the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.). The regulations issued
by the Administrator of the Environmental Protection Agency for
plant-incorporated protectants shall be based on sound science,
use the least burdensome requirements, and provide for
exemptions from the requirements otherwise applicable to
pesticides that are not plant-incorporated protectants.
Sec.10014. Report to Congress on Regulation of Biotechnology
Not later than 1 year after the date of enactment of this
section, the Secretary in consultation with the Secretary of
Health and Human Services and the Administrator of the
Environmental Protection Agency shall submit to Congress a
report on the measures taken and proposed to be taken to
provide for balanced and appropriate regulatory oversight of
agricultural biotechnology products.
Sec. 10015. Pesticide Registration Improvement
Section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a-1(i)) is amended by authorizing
the total amount of maintenance fees collected in the aggregate
to $27,800,000 through fiscal year 2017. The maximum amount of
fees payable by a registrant holding not more than 50 pesticide
registrations is $115,500, and for one holding over 50
pesticide registrations, $184,800 through fiscal year 2017. The
maximum amount of fees payable by a registrant that is a small
business holding not more than 50 pesticide registrations is
$70,600, and for one holding over 50 pesticide registrations,
$122,100 through fiscal year 2017.
The Administrator is also authorized to provide a waiver in
the amount of 25 percent of the fee applicable to the first
registration of a qualified small business not formed or
manipulated primarily for the purpose of qualifying for the
waiver. The paragraph on maintenance fees is reauthorized
through 2017.
The abatement of other fees not included in sections 4 or
33 of FIFRA is extended. Section 408(m)(3) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) is extended to
reauthorize the abatement of tolerance fees through fiscal year
2017.
The Reregistration and Expedited Processing Fund is
authorized to offset costs to enhance information systems
capabilities to improve the tracking of pesticide registration
decisions.
Amends the Act to authorize the Administrator to use
between \1/9\ and \1/8\ of maintenance fees collected in a
fiscal year to review and evaluate inert ingredients through
fiscal year 2017. The Reregistration and Expedited Processing
Fund is also authorized to offset costs, in an amount not to
exceed $800,000, to improving information systems capabilities
for the Office of Pesticide Programs to enhance tracking of
registration actions and status of conditional registrations,
allow electronic capability of review of labels and
confidential statements of formula in registration actions, and
enhance database capabilities for information on endangered
species assessments in the registration review process.
Section 33 of this Act is amended to update the schedule of
covered pesticide registration applications and corresponding
fees and require its publication. Fee adjustments for covered
pesticide registration applications are reauthorized. The Act
is amended to allow the Administrator to provide a refund of a
portion of a covered registration service fee on the basis that
the application is rejected based on the initial content and
preliminary technical screening.
The worker protection set aside in the Pesticide
Registration Fund is reauthorized through fiscal year 2017.
$500,000 each fiscal year through 2017 shall be used out of the
fund for partnership grants. The pesticide safety education
program is reauthorized through fiscal year 2017.
Authorization to assess registration service fees is made
contingent upon an amount of appropriations for salaries,
contracts, and expense for functions as of fiscal year 2012, of
the Office of Pesticide Programs equal or greater to the amount
of appropriations for covered functions for fiscal year 2012.
The measure of compliance allowing a decline of 3 percent to be
regarded as equal to the amount of appropriations is repealed.
This Act is amended to update the schedule of decision
review periods for covered pesticide registration actions and
fees and require its publication. The start of the decision
time review period begins after the receipt of the covered
pesticide registration application and fee. The Administrator
is also authorized to provide for a preliminary technical
screening in addition to the current authorization for initial
content. The preliminary technical screening shall be conducted
not later than 45 or 90 days, whichever is appropriate, after
the date on which the decision time review period begins. The
Administrator is authorized to reject the application at any
time before the completion of the authorized preliminary
technical screening if it is determined that the application
failed the initial content or preliminary technical screening
and the failure is not corrected before the date that is 10
business days after the applicant receives notification of the
failure. The Administrator shall determine whether an
application appears to contain necessary forms, data and draft
labeling in conducting an initial content screening. A
preliminary technical screening determines whether the
application including the data and information submitted are
accurate and complete, as well as consistent with the proposed
labeling and any proposal for a tolerance or exemption from the
requirement for a tolerance under the FFDCA and could result in
the granting of the application.
The annual report describing pesticide registration fees is
reauthorized through March 1, 2017, including new information
regarding the number of extensions of decision time review
periods, progress towards carrying out section 4(k)(4) and the
amounts from the Reregistration and Expedited Processing Fund
used for the purposes described, implementing the new
electronic tracking system, the number of applications rejected
by the Administrator under the initial content and preliminary
technical screening, an update of the Pesticide Incident Data
System, and an assessment of the public availability of summary
pesticide usage data.
Section 33(m) Termination of Effectiveness is in each
instance extended 5 years.
Sec. 10016. Modification, Cancellation, or Suspension on Basis of a
Biological Opinion
Except in the case of a voluntary request from a registrant
under section 3 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a), a registration may be
modified, canceled or suspended on the basis of the
implementation of a Biological Opinion issued by the NMFS or
the USFWS prior to the completion of the National Academy of
Sciences study commissioned by the Administrator of the EPA or
Jan. 1, 2014, whichever is earlier, only if the action is taken
pursuant to section 6 of the Act and the Biological Opinion
complies with the recommendations contained in the study. The
study shall include at minimum: (1) a formal, independent, and
external peer review, consistent with OMB policies of each
Biological Opinion, (2) an assessment of economic impacts of
measures or alternatives recommended in each Biological
Opinion, (3) an examination of specific scientific and
procedural questions and issues pertaining to economic
feasibility contained in a June 23, 2011 letter sent to the
Administrator and other Federal officials from Members of
Congress.
Sec. 10017. Use and Discharges of Authorized Pesticides
Section 10017(a) is the short title.
Section 10017(b) amends section 3(f) of the Federal
Insecticide, Fungicide, and Rodenticide Act prohibiting the
Administrator or a State from requiring a permit under the
Federal Water Pollution Control Act for pesticide applications
authorized under the Federal Insecticide, Fungicide and
Rodenticide Act, except in certain instances.
Section 10017(c) amends section 402 of the Federal Water
Pollution Control Act prohibiting the Administrator or a State
from requiring a permit under section 402 for the application
into navigable waters of a pesticide applications authorized
under the Federal Insecticide, Fungicide, and Rodenticide Act.
Subsection (s)(2) provides exceptions for certain instances.
Sec. 10018. Effective Date
The effective date of this title is October 1, 2012, except
for Sections 10008, 10009 and 10010.
Sec. 10019. Inclusion of Bed Bugs in Definition of Vector Organisms
The Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) (7 U.S.C. 136(oo)) is amended to include bed bugs in
the definition of vector organisms. Also amends FIFRA (7 U.S.C.
136w(b)) authorizing the Administrator to require the
submission of efficacy data, and to evaluate such data, if the
pesticide is labeled or proposed to be labeled for the control
of a pest of public health significance. The Administrator
shall not permit the sale or distribution of any product that
is marketed, distributed, or sold with a claim that the product
will control a public health pest if the data submitted under
this subsection does not support that claim. This requirement
is applicable to pesticides exempted under this subsection.
Title XI--Crop Insurance
Sec. 11001. Information Sharing
Section 11001 if the producer authorizes it, this section
requires the FSA to provide to an agent or an approved
insurance provider (AIP) information that may assist the agent
or AIP in insuring the producer.
Sec. 11002. Publication of Information on Violations of Prohibition on
Premium Adjustments
Section 11002 requires the RMA to publish on its website
violations of the prohibition to give rebates or discounts in
premium in sufficient detail to serve as guidance to AIP,
agents and producers.
Sec. 11003. Supplemental Coverage Option
Section 11003 establishes the new Supplemental Coverage
Option to give a producer the option of purchasing additional
coverage on an individual or area yield and loss basis or a
margin basis. Coverage cannot exceed the difference between 90
percent of the actual loss and the coverage level selected by
the producer of the underlying policy or plan of insurance.
Sec. 11004. Premium Amounts for Catastrophic Risk Protection
Section 11004 requires a re-rating of the catastrophic risk
protection premium.
Sec. 11005. Repeal of Performance-Based Discount
Section 11005 repeals unused authority for performance-
based discounts.
Sec. 11006. Permanent Enterprise Unit Subsidy
Section 11006 makes permanent the Federal Crop Insurance
Corporation (the Corporation) authority to pay a portion of the
premiums for policies that insure on a enterprise unit basis.
Sec. 11007. Enterprise Units for Irrigated and Non-Irrigated Crops
Section 11007 requires enterprise units to be made
available by practice (irrigated or non-irrigated).
Sec. 11008. Data Collection
Section 11008 allows the use of data collected by the Risk
Management Agency, the National Agricultural Statistics
Service, or both, to determine yields. Where sufficient county
data is not available, this section authorizes the Secretary to
use data from other sources.
Sec. 11009. Adjustment in Actual Production History to Establish
Insurable Yields
Section 11009 increases the percentage of the applicable
transitional yield used to replace excluded recorded or
appraised yields from 60 percent to 70 percent.
Sec. 11010. Submission and Review of Policies
Section 11010 requires the Corporation to review policies
developed under the research and development contracting
authority at 522(c), or pilot program developed under 523, and
submit to the Board for review policies that will likely result
in viable and marketable policies, provide crop insurance in a
significantly improved form, and adequately protect the
interests of producers. This section also requires and
encourages approval of certain policies.
Sec. 11011. Equitable Relief for Specialty Crop Producers
Section 11011 provides equitable relief on specialty crop
policies that were disproportionately adversely impacted by the
SRA but clarifies that Congress does not provide statutory
assent to SRA provisions.
Sec. 11012. Budget Limitations on Renegotiation of the Standard
Reinsurance Agreement
Section 11012 requires the Board to ensure budget
neutrality to the maximum extent practicable, and return any
savings realized in Standard Reinsurance Agreement
renegotiations to specific crop insurance purposes.
Sec. 11013. Crop Production on Native Sod
Section 11013 availability on crop insurance to protect
native sod.
Sec. 11014. Coverage Levels by Practice
Section 11014 allows producers to elect different coverage
for both dry land and irrigated land.
Sec. 11015. Beginning Farmer and Rancher Provisions
Section 11015 provides beginning farmers and ranchers with
additional premium assistance, enhanced T-yields, and the
ability to use previous producer's APH or an assigned yield.
Sec. 11016. Stacked Income Protection Plan for Producers of Upland
Cotton
Section 11016 requires a stacked income protection plan to
be made available to upland cotton producers beginning with the
2013 crop year.
Sec. 11017. Peanut Revenue Crop Insurance
Section 11017 creates a revenue crop insurance program for
peanut producers, beginning in crop year 2013, using the
effective price for peanuts equal to the Rotterdam price index,
adjusted to reflect the farmer stock price of peanuts in the
U.S.
Sec. 11018. Authority to Correct Errors
Section 11018 allows an insurance provider or agent to
correct information to make it consistent with information a
producer reported to FSA, provided the corrections do not allow
the producer to obtain a disproportionate benefit or avoid any
ineligibility requirements or legal obligations.
Sec. 11019. Implementation
Section 11019 requires the Secretary to maintain and
upgrade information management systems and to implement an
acreage report streamlining initiative.
Sec. 11020. Research and Development Priorities
Section 11020 make specialty crops, sweet sorghum, biomass
sorghum, rice, peanuts and sugarcane a research and development
priority.
Sec.11021. Additional Research and Development Contracting Requirements
Section 11021 lists additional research and development
contracting priorities.
Sec. 11022. Pilot Programs
Section 11022 clarifies Corporation may conduct pilot
programs at its sole discretion.
Sec. 11023. Limitation on Expenditures for Livestock Pilot Programs
Section 11023 increases the funding for livestock pilot
program funding to $50 million per year.
Sec. 11024. Noninsured Crop Assistance Program
Section 11024 amends the noninsured crop assistance program
(NAP) to allow for the purchase of additional NAP coverage for
crops that do not otherwise have coverage under the Federal
Crop Insurance Act.
Sec. 11025. Technical Amendments
Section 11025 makes technical amendments.
Title XII--Miscellaneous
SUBTITLE A--LIVESTOCK
Sec. 12101. National Sheep Industry Improvement Center
Section 12101 amends section 375 of the Consolidated Farm
and Rural Development Act by reauthorizing the appropriations
for the National Sheep Industry Improvement Center though
fiscal year 2017, at the current level of $10,000,000 for each
fiscal year.
Sec. 12102. Trichinae Certification Program
Section 12102 amends section 10405 of the Animal Health
Protection Act by reauthorizing the Trichinae Certification
Program through fiscal year 2017, at the current level of
$1,500,000 to remain available until expended, as well as such
additional sums as may be necessary.
Sec. 12103. National Aquatic Animal Health Plan
Section 12103 amends section 11013 of the Food,
Conservation, and Energy Act of 2008 by reauthorizing the
National Aquatic Animal Health Plan.
Sec. 12104. Report on Compliance with World Trade Organization Decision
Regarding Country of Origin Labeling
Section 12104 requires the Secretary to submit a report to
Congress, within 90 days of the date of enactment, detailing
the steps the Secretary will take to make the United States
compliant with the WTO decision on country of origin labeling.
Sec. 12105. Repeal of Certain Regulations Under the Packers and
Stockyard Act, 1912
Subsection (a) repeals the requirement from the Food,
Conservation, and Energy Act of 2008 that the Secretary
promulgate regulations with respect to the Packers and
Stockyards Act, 1921 that would establish criteria to consider
in determining whether on undue or unreasonable preference has
occurred, whether a live poultry dealer has provided reasonable
notice of a suspension of delivery of birds, when a requirement
of additional capital investments over the life of a poultry
growing arrangement or a swine producing contract constitutes a
violation of the Packers and Stockyards Act, and if a
contractor has provided a reasonable period of time for a
grower to remedy a breach of contract that could result in the
termination of the arrangement or contract.
Subsection (b) repeals provisions from the Code of Federal
Regulations regarding capital investments, suspension of
delivery of birds, applicability to live poultry dealers, and
written 90 days notice of intent to suspend delivery of birds.
Subsection (c) prohibits the Secretary from enforcing the
provisions referred to in subsection (b). It further prohibits
the Secretary from finalizing or implementing certain proposed
regulations regarding the tournament system, the definitions of
competitive injury and likelihood of competitive injury, unfair
and unjustly discriminatory and deceptive practices or devices,
and undue or unreasonable preferences or advantages/prejudice
or disadvantage. Finally, subsection (c) prohibits the
Secretary from either issuing regulations or adopting policies
similar to the provisions referenced in subsections (b) and
(c).
Sec. 12106. Meat and Poultry Processing Report
Section 12106 requires the Secretary to cooperate with
States, processors and producers in developing a report on
better meeting the needs of small and very small meat and
poultry growers and processors and methods to create an
electronic submission option for the meat label approval
process. The report must be submitted to Congress not later
than one year of the date of enactment of this Act.
SUBTITLE B--SOCIALLY DISADVANTAGED PRODUCERS AND LIMITED RESOURCE
PRODUCERS
Sec. 12201. Outreach and Assistance for Socially Disadvantaged Farmers
and Ranchers and Veteran Farmers and Ranchers
Section 12201(a) amends section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 to include
veteran farmers and ranchers. The section makes available
$10,000,000 in mandatory funding for each fiscal year 2013
through 2017. The section also adds a new authorization of
appropriations of $20,000,000 for each fiscal year 2013 through
2017.
Section 12201(b) includes a definition of the term
``veteran farmer or rancher''.
Sec. 12202. Office of Advocacy and Outreach
Section 12202 amends paragraph (3) of section 226B(f) of
the Department of Agriculture Reorganization Act of 1994 to
include an authorization of appropriations of $2,000,000 for
each fiscal years 2013 through 2017.
SUBTITLE C--OTHER MISCELLANEOUS PROVISIONS
Sec. 12301. Grants to Improve Supply, Stability, Safety, and Training
of Agricultural Labor Force
Section 12301 amends section 14204(d) of the Food,
Conservation, and Energy Act of 2008 to include an
authorization of appropriations of $10,000,000 for each fiscal
year 2013 through 2017.
Sec. 12302. Evaluation Required for Purposes of Prohibition on Closure
or Relocation of County Offices for the Farm Service Agency
Section 12302 amends section 14212 of the Food,
Conservation, and Energy Act of 2008.
Subsection (a) replaces the two year temporary prohibition
on the closure or relocation of a FSA county or field office
with a permanent prohibition on closure or relocation after the
Secretary conducts an evaluation on the workload volume of the
office compared to other county offices.
Subsection (b) adds a new requirement that the Secretary
conduct an evaluation of all workload assessments for Farm
Service Agency county offices that were open and operational as
of January 1, 2012.
Subsection (c) amends the notice and public meeting
requirement in order to conform to the amendments made in
subsection (a).
Subsection (d) in a conforming amendment related to the
amendment made in subsection (b).
Sec. 12303. Prohibition on Attending an Animal Fight or Causing a Minor
To Attend an Animal Fight
Section 12303 amends the Animal Welfare Act by making it
unlawful to knowingly attend an animal fighting venture or to
knowingly cause a minor to attend an animal fighting venture.
The term ``minor'' is defined as a person under the age of 18
years old.
Sec. 12304. Program Benefit Eligibility Status for Participants in High
Plains Water Study
Section 12304 amends the Food, Conservation, and Energy Act
of 2008 to continue to prevent producers and growers who are
participating in a 1-time study of recharge potential for the
Ogallala Aquifer in the High Plains of Texas from losing
eligibility for programs under the Federal Agriculture Reform
and Risk Management Act of 2012 solely as the result of
participation.
Sec. 12305. Office of Tribal Relations
Subsection (a) amends Title II of the Department of
Agriculture Reorganization Act of 1994 by requiring the
Secretary to establish an Office of Tribal Relations, within
the Office of the Secretary, to advise the Secretary on
policies related to Indian Tribes.
Subsection (b) is a conforming amendment within the Act.
Sec. 12306. Military Veterans Agricultural Liaison
The Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6918) is amended to authorize the position of Military
Veterans Agricultural Liaison (liaison) within the Department
of Agriculture (Department). The liaison shall provide
information to returning veterans and connect returning
veterans with beginning farmer training and agricultural
vocational and rehabilitation programs appropriate to the needs
and interests of returning veterans. The liaison is also
authorized to provide information to veterans concerning
participation in agricultural programs, serve as a resource for
assisting veteran farmers and ranchers and potential farmers
and ranchers in applying for agricultural programs and serve as
an advocate on behalf of veterans within the Department.
Sec. 12307. Acer Access and Development Program
Subsection (a) authorizes the Secretary to make grants to
States, tribal governments, and research institutions to
support their efforts to promote the domestic maple syrup
industry.
Subsection (b) enumerates information that shall be
included in a grant application.
Subsection (c) is the rule of construction so as to not
preempt any State or tribal government law.
Subsection (d) provides a definition for the term ``maple-
sugaring''.
Sec. 12308. Prohibition Against Interference by State and Local
Governments with Production or Manufacture of Items in Other
States
Subsection (a) forbids State or local governments from
imposing a standard or condition of the production or
manufacture of any agricultural product that is sold or offered
for sale in interstate commerce if production or manufacture
occurs in another State and the imposed standard or condition
is in addition to those pursuant to Federal law and the laws of
the State or locality in which the production or manufacture
occurs.
Subsection (b) defines the term ``agricultural product'' as
the term used in the Agricultural Marketing Act of 1946.
Sec. 12309. Increased Protection for Agricultural Interests in the
Missouri River Basin
Directs the Secretary to take action to promote immediate
increased flood protection for farmers, producers, and other
agricultural interests in the Missouri River basin by working
within his jurisdiction to support efforts to recalculate the
amount of space within the System that is allocated to flood
control storage using the 2011 flood as the model and increase
the River's channel capacity between the reservoirs and below
Gavins Point.
Committee Consideration
HEARINGS
In the 111th Congress, the Committee on Agriculture held 16
farm bill hearings in preparation of the 2012 Farm Bill both in
Washington, D.C. and across the country in nine different
states. The Committee heard that in general, the 2008 Farm Bill
was working well for most farmers and ranchers and is popular.
However, Chairman Peterson cautioned that there would be no new
money available to write the 2012 Farm Bill and asked farm bill
stakeholders to take a look at current programs and to see if
there are ways that we can better use the funding available to
provide a safety net that will continue coverage for farmers
and ranchers.
Under the leadership and initiative of Chairman Lucas, the
Committee continued the farm bill process with 11 audit
hearings on agriculture programs to look for ways to improve
programs for farmers, increase efficiency, and reduce spending.
These hearings were followed-up with 7 subcommittee hearings to
hear from national agricultural stakeholders advocating for
policy priorities and 4 field hearings across the country to
hear firsthand how U.S. farm policy is working for farmers and
ranchers in advance of writing the legislation.
FULL COMMITTEE CONSIDERATION
On July 11, 2012, the Committee on Agriculture met pursuant
to notice, with a quorum present to consider H.R. 6083.
Chairman Lucas made an opening statement as did Ranking Member
Peterson.
Chairman Lucas placed H.R. 6083 before the Committee and,
without objection it was considered as original text for
purposes of amendment and open to amendment at any point.
Chairman Lucas stated that although the bill is open to
amendment at any point, he encouraged that amendments be
offered on a Title by Title basis. Without objection, Title I--
Commodities was placed before the Committee for consideration
and Counsel was recognized for a brief explanation.
Mr. Goodlatte was recognized to offer and explain an
amendment to remove the ``Dairy Producer Margin Protection and
Dairy Market Stabilization Programs'' and replace it with a new
``Dairy Producer Margin Insurance Program''. Discussion
occurred and by a roll call vote of 17 yeas to 29 nays, the
amendment failed. See Roll Call #1.
Mr. Baca offered an amendment that would add a Sense of
Congress language regarding child labor in agriculture.
Discussion occurred and the amendment was withdrawn.
Mr. Cardoza was also recognized to offer and explain an
amendment that provides dairy producers with the option of
selecting an alternative method of calculating average feed
cost within the margin insurance program. Discussion occurred
and by a voice vote the amendment failed.
Mr. Fortenberry was recognized to offer and explain an
amendment that would place a limit on an individual of $50,000
and $100,000 for a married couple payments under the Title I
revenue and countercyclical commodity programs. Discussion
occurred and the amendment was withdrawn.
Mr. McIntyre was then recognized to offer and explain an
amendment to allow USDA to share crop information with
501(c)(5) nonprofit agricultural commodity marketing and
promotion organizations for the purpose of implementing state
based programs authorized by producer referendum. Discussion
occurred and the amendment was withdrawn.
Mr. Goodlatte was then recognized to offer and explain an
amendment to reform sugar. Discussion occurred and by a roll
call vote of 10 yeas to 36 nays the amendment failed. See Roll
Call # 2.
Mr. Boswell was recognized to offer and explain an
amendment that would require all participants in the commodity
title to be required to show a revenue loss to be eligible for
a PLC or RLC payment. Discussion occurred and by a voice vote
the amendment failed.
Mr. Gibbs was also recognized to offer and explain an
amendment to change the language for those that opt for the RLC
program. The proposed language would require that the
``majority of owners'' to agree on the option for which the
farmland is entered into. Therefore, eliminating the possible
to ``veto power'' that one landowner might yield over multiple
other owners. Discussion occurred and the amendment was
withdrawn.
Mr. Walz was then recognized to offer and explain an
amendment that would allow dairy farmers to stay enrolled in
the Milk Income Loss Contract (MILC) program during transition
process to the new Dairy Producer Margin Program. Discussion
occurred and the amendment was withdrawn.
Mr. Crawford was recognized to offer and explain an
amendment that would require a workload assessment to be
implemented and provided to the public before any FSA county
office closures take place. Discussion occurred and by a voice
vote the amendment was adopted.
Title II--Conservation was placed before the Committee for
consideration.
Mr. Costa was recognized to offer and explain an amendment
that would reauthorize the Environmental Quality Incentive
Program (EQIP) Conservation Innovation Grants and Payments for
air quality concerns from agriculture operations at level
funding of $37.5 million for fiscal year 2013 through 2017.
Discussion occurred and by a roll call vote of 18 yeas to 26
nays, the amendment failed. See Roll Call #3.
Title III--Trade was placed before the Committee for
consideration.
Mr. Rooney was then recognized to offer and explain an
amendment that allows USDA to establish the position of Under
Secretary for Foreign Agricultural Services, which would be
appointed by the President with the advice and consent of the
Senate. Discussion occurred and by a voice vote the amendment
was adopted.
Title IV--Nutrition was placed before the Committee for
consideration.
Mrs. Schmidt was recognized to offer and explain an
amendment that instructs the Secretary to exclude Medical
Marijuana from being a deduction as a medical expense.
Discussion occurred and by a voice vote the amendment was
adopted.
Mr. Johnson was then recognized to offer and explain an
amendment that increases the focus within the Community Food
Project (CFP) on participation of SNAP recipients at Farmers
Markets. Discussion occurred and by a voice vote the amendment
was adopted.
Ms. Pingree was also recognized to offer and explain an
amendment that would allow the use of SNAP benefits for the
purchase of community-supported agriculture share (CSA).
Discussion occurred and by a voice vote the amendment was
adopted.
Mrs. Roby was recognized to offer and explain an amendment
that would require a state agency to verify income and
eligibility or an immigration status verification system (such
as Systematic Alien Verification for Entitlements Program) for
carrying out the Supplemental Nutrition Assistance Program.
Discussion occurred and by a voice vote the amendment was
adopted.
Mr. McGovern was recognized to offer and explain an
amendment that would restore the $16.5 billion cut to the
Supplemental Nutrition Assistance Program (SNAP) that is
currently in the bill. Discussion occurred and by roll call
vote of 15 yeas to 31 nays, the amendment failed. See Roll Call
#4.
Mr. Goodlatte was recognized to offer and explain an
amendment that would require the Secretary to consider the
impact of a new regulation on the cost of emergency feeding
organizations. Discussion occurred and the amendment was
withdrawn.
Mr. Goodlatte was again recognized to offer and explain an
amendment that would maximize the continuity of food product
flow to Emergency Feeding Organizations throughout the year
from mandatory food deliveries from the TEFAP programs to
States. Discussion occurred and the amendment was withdrawn.
Mr. Schrader was recognized to offer and explain an
amendment that would delete Title IV of the underlying bill and
replace it with Title IV of the Senate bill, S. 3240, the
Agriculture Reform, Food, and Jobs Act of 2012. Discussion
occurred and by a roll call vote of 15 yeas to 28 nays, the
amendment failed. See Roll Call #5.
Ms. Fudge was recognized to offer and explain an amendment
that would ensure the Nation's underserved urban and rural
communities have access to healthy food. Discussion occurred
and the amendment was withdrawn.
Mr. Conaway was recognized to offer and explain an
amendment that strikes the language prohibiting approval of
retail food stores with significant sales of excluded items.
Discussion occurred and the amendment was withdrawn.
Mr. Costa was recognized to offer and explain an amendment
that would provide to states with the flexibility to enroll
into innovative employment and training programs for SNAP
recipients who are also receiving funds through the Temporary
Assistance for Needy Families (TANF) programs. Discussion
occurred and the amendment was withdrawn.
Mr. King was recognized to offer and explain an amendment
that would require all SNAP benefits in Puerto Rico to be
delivered by EBT cards. Discussion occurred and by a roll call
vote of 27 yeas to 19 nays, the amendment was adopted. See Roll
Call #6.
Ms. Pingree was recognized to offer and explain an
amendment that would give more control to the States and local
communities by authorizing schools with low annual commodity
entitlement values (small rural school) to start making their
own food purchases, provided USDA determines this would yield
reduced administrative costs. Discussion occurred and by a
voice vote the amendment was adopted.
Mr. Huelskamp was recognized to offer and explain an
amendment that restores to the bill all of the SNAP reforms
passed by the Committee to fulfill its obligation under FY2013
budget reconciliation. Discussion occurred and by roll call
vote of 13 yeas to 33 nays, the amendment failed. See Roll Call
#7.
Mr. Cardoza was recognized to offer and explain an
amendment that would strike Section 4203, restoring the
Congressional intent for the Fresh Fruit and Vegetable Program
by restoring the word ``Fresh'' into the title of the program.
Mr. Ribble raised a point of order against the amendment.
Discussion occurred and the amendment was withdrawn.
Mrs. Roby was then recognized to offer and explain an
amendment that would require households that receive SNAP
benefits to provide proof of payment for their heating and
cooling bill in order to qualify for the income deduction.
Discussion occurred and by a roll call vote of 17 yeas to 27
nays, the amendment failed. See Roll Call #8.
Mr. Sablan was recognized to offer and explain an amendment
that would require the Secretary of Agriculture to report to
the House Committee on Agriculture and the Senate Committee on
Agriculture, Nutrition, and Forestry on the costs of providing
school lunches and other meals and supplements in the U.S.
territories with a comparison of these costs to the national
reimbursement rates provided under the Russell School Lunch Act
and the Child Nutrition Act. Discussion occurred and the
amendment was withdrawn.
Mr. Goodlatte was recognized to offer and explain an
amendment that would strike funds for advertising for SNAP and
would transfer the saving for commodity purchases for food
banks under TEFAP. Discussion occurred and by a voice vote the
amendment was adopted.
Mr. Neugebauer was recognized to offer and explain an
amendment that would require $50 LIHEAP assistance per year to
qualify for additional benefits under SNAP. Discussion occurred
and by a voice vote the amendment failed.
Mr. Conaway was recognized to offer and explain an
amendment that would establish requirements consistent with
other means-tested programs, for the electronic content and
format of data used in the administration of the Supplemental
Nutrition Assistance Program. Discussion occurred and by a
voice vote the amendment was adopted.
Mr. Huelskamp was recognized to offer and explain an
amendment that would set the effective date for the
Supplemental Utility Allowance reform for January 1, 2013, and
eliminate the option for states to delay implementation by 180
days. Discussion occurred and by a voice vote the amendment
failed.
Mr. Neugebauer was then recognized to offer and explain an
amendment that would require states to submit a report once a
year to ensure they are checking to make certain SNAP
recipients are not deceased and are not dual-enrolled.
Discussion occurred and by a voice vote the amendment was
adopted.
Title V--Credit was placed before the Committee for
consideration.
Ms. Fudge was recognized to offer and explain an amendment
that would improve federal agricultural credit programs to
better meet the needs of small, young, beginning, veteran and
urban farmers and ranchers. Discussion occurred and by a voice
vote the amendment was adopted.
Ms. Fudge was again recognized to offer and explain an
amendment that would lift the residential restriction and
funding for Youth Operating Loans. Discussion occurred and by
voice vote the amendment was adopted.
Mr. Boswell was recognized to offer and explain an
amendment that would repeal the term limits for FSA Guaranteed
Loans which are currently capped at 15 years. Discussion
occurred and by a voice vote the amendment failed.
Mr. Fortenberry was recognized to offer and explain an
amendment that would maintain eligibility for rural communities
to compete for rural development funding. Discussion occurred
and by a voice vote the amendment was withdrawn.
Title VI--Rural Development was placed before the Committee
for consideration.
Mr. McIntyre was recognized to offer and explain an
amendment that would direct $50 million dollars in mandatory
spending to address the water and wastewater backlog at USDA.
Discussion occurred and by a voice vote the amendment failed.
Mr. Johnson was then recognized to offer and explain an
amendment that would clarify the text of the bill that
emphasizes the economic development aspect of broadband
projects by connecting businesses to broadband networks.
Discussion occurred and by a voice vote the amendment was
adopted.
Ms. Sewell was also recognized to offer and explain an
amendment that would allow USDA to give priority to
applications that are otherwise eligible and support strategic
community and economic development plans on a multi-
jurisdictional basis. Discussion occurred and by a roll call
vote of 18 yeas to 26 nays, the amendment failed. See Roll Call
#9.
Mr. Gibson was recognized to offer and explain an amendment
to increase the RUS Broadband Program authorization level from
$25 million to $35 million. Discussion occurred and by a roll
call vote of 20 yeas to 24 nays, the amendment failed. See Roll
Call #10.
Mr. Courtney was recognized to offer and explain an
amendment that would clarify the definition of unincorporated
areas to include municipally designed townships, villages,
borough, county, or municipal subdivision. Discussion occurred
and the amendment was withdrawn.
Mr. Austin Scott was then recognized to offer and explain
an amendment that would give greater flexibility within the
purpose of the USDA Business and Industry Loan Program by
including the term ``working capital'' as an approved purpose.
Discussion occurred and by a voice vote the amendment was
adopted.
Ms. Pingree was recognized to offer and explain an
amendment to remove the cap on Business and Industry (B&I)
loans for local and regional enterprise loan guarantees.
Discussion occurred and the amendment was withdrawn.
Mr. Tipton was also recognized to offer and explain an
amendment that would direct USDA to encourage to the maximum
extent practicable, private or cooperative lends to finance
rural water and waste disposal facilities by utilizing loan
guarantees where possible. Discussion occurred and by a voice
vote the amendment was adopted.
Mr. Welch was then recognized to offer and explain an
amendment to reauthorize the State Rural Development Councils.
Discussion occurred and by a voice vote the amendment was
adopted.
Mr. Gibson was recognized to offer and explain an amendment
that would increase the population threshold of rural areas and
towns from 20,000 to 30,000 people for the Community Facility
loans and grants program. Discussion occurred and by a voice
vote the amendment failed.
Mr. Walz was then recognized to offer and explain an
amendment that would direct the Secretary of Agriculture to
participate in the activities of the Surface Transportation
Board (STB) on behalf of the interest of agriculture and rural
America. Discussion occurred and by a voice vote the amendment
was adopted.
Mr. Huelskamp was also recognized to offer and explain an
amendment that clarifies that privately financed infrastructure
projects undertaken by the Rural Utilities Service borrowers
are not considered to be a major federal action. Discussion
occurred and by a voice vote the amendment was adopted.
Title VII--Research, Extension, and Related Matters was
placed before the Committee for consideration.
Ms. Sewell was recognized to offer and explain an amendment
that adds a new section that requires any recipient of a
competition grant that is for commodity-specific or State-
specific applied research or extension to raise a one-to-one
match of funds. Discussion occurred and the amendment was
withdrawn.
Mr. Fortenberry was then recognized to offer and explain an
amendment that provides training and technical assistance to
beginning farmers and ranchers through competitive grants to
land-grant institutions, community organizations, and other
farm organizations. Discussion occurred and Mr. Fortenberry
asked unanimous consent to strike the first three lines of the
amendment. Without objection the amendment was revised and by a
voice vote adopted.
Mr. Baca was recognized to offer and explain an amendment
regarding education and training programs for agriculture farm
workers. Discussion occurred and by a roll call vote of 17 yeas
to 25 nays, the amendment failed. See Roll Call #11.
Mrs. Schmidt was also recognized to offer and explain an
amendment that would authorize ongoing federal bed bug research
funding. Discussion occurred and by a voice vote the amendment
was adopted.
Mr. Schrader was recognized to offer and explain an
amendment that increases mandatory funding for the Specialty
Crop Research Initiative by $10 million in each Fiscal Year
beginning in FY2013. Discussion occurred and by a roll call
vote of 19 yeas to 26 nays, the amendment failed. See Roll Call
#12.
Title VIII--Forestry was placed before the Committee for
consideration.
Mr. Thompson was recognized to offer and explain an
amendment that will reinforce the U.S. Forest Service's
categorical exclusion authorities for day-to-day, non-
controversial activities. Discussion occurred and by a voice
vote the amendment was adopted.
Mrs. Noem was then recognized to offer and explain an
amendment that would increase acres for categorical exclusion
from 1,000 to 10,000 acres to be used for pin beetle mitigation
efforts in USDA-designated areas as part of the National Forest
Critical Area Response. Discussion occurred and by a voice vote
the amendment was adopted.
Mrs. Noem was again recognized to offer and explain an
amendment that would authorize $200,000,000 annually for the
National forest Critical Area Response to deal with insect
infestations in USDA designated areas in national forests
across the west that are battling pine beetle epidemics.
Discussion occurred and the amendment was withdrawn.
Mr. Schrader was recognized to offer and explain an
amendment that creates a pilot program in the State of Oregon
to allow for permanent timber production primarily on lands
that have been previously harvested, ensuring a sustainable
level of timber and forest products from federal lands to
maintain and create jobs in the local timber industry. Mr.
Goodlatte raised a point of order against the amendment that it
contains subject matter within the Rule X jurisdiction of
another committee. Chairman Lucas ruled that the amendment was
not in order. Mr. Schrader appealed the ruling of the Chair.
Mr. Goodlatte moved to table the motion to appeal the ruling of
the Chair. By a voice vote, the motion to table the amendment
was agreed to and the ruling of the Chair was sustained.
Mr. Boswell was recognized to offer and explain an
amendment that provides mandatory and discretionary funding
levels to energy programs and repeals provisions prohibiting
REAP funding of blender pumps. Discussion occurred and the
amendment was withdrawn.
Mrs. Noem was recognized to offer and explain an amendment
that would replace the portion of the bill and allow for REAP
funds to be use used for blender pumps. Discussion occurred and
the amendment was withdrawn.
Mr. Southerland was recognized to offer and explain an
amendment that would include lumber within the U.S. Department
of Agriculture's Biobased Marketing Program. Discussion
occurred and the amendment was withdrawn.
Mrs. Noem was recognized to offer and explain an amendment
that adds another factor for the Secretary to consider when
considering allocating BCAP project funds. Discussion occurred
and by a voice vote the amendment was adopted.
Title X--Horticulture was placed before the Committee for
consideration.
Mr. Welch was recognized to offer and explain an amendment
that clarifies changes to allow the organic industry to
petition USDA to establish an organic promotion order using the
normal promotion order process. Discussion occurred and the
amendment was withdrawn.
Mrs. Schmidt was recognized to offer and explain an
amendment that clarifies bed bugs as a vector organism and
establishes an efficacy requirement for 25(b) or minimum risk
pesticides labeled for the control of bed bugs and other public
health pests. Discussion occurred and by a voice vote the
amendment was adopted.
Ms. Sewell was recognized to offer and explain an amendment
that would require USDA to conduct a study on specialty crop
production by small-holders, and women, minority, and socially
disadvantaged farmers. Discussion occurred and by a voice vote
the amendment was adopted.
Mr. Fortenberry was recognized to offer and explain an
amendment that prioritizes underserved communities, small and
mid-sized farms, and capacity building for local and regional
food systems. Discussion occurred and by a voice vote the
amendment was adopted.
Mr. Stutzman was then recognized to offer and explain an
amendment to ensure due process for farmers and handlers by
affirming the right to judicial review of suspension orders.
Discussion occurred and by a voice vote the amendment was
adopted.
Mr. Costa was then recognized to offer and explain an
amendment that would strike the repeal of the National Organic
Certification Cost-Share Program and provide $22 million for
producers to offset the fees associated with going through
organic certification. Discussion occurred and by a roll call
vote of 17 yeas to 27 nays, the amendment failed. See Roll Call
#13.
Mr. Ribble was recognized to offer and explain an amendment
to the Specialty Block Grant program to allow for grants to be
used for multistate research projects. Discussion occurred and
by a voice vote the amendment was adopted.
Title XI--Crop Insurance was placed before the Committee
for consideration.
Mr. McIntyre was recognized to offer and explain an
amendment that would commission a study at USDA to assess the
private market for business interruption insurance, determine
what statutory authority would be needed for RMA to implement a
business interruption policy for growers, and explore the
feasibility and cost of such a policy if it were to be
authorized. Discussion occurred and by a voice vote the
amendment was adopted.
Mr. Cardoza was then recognized to offer and explain an
amendment that would allow private companies to offer
alternative coverage to growers under the Revenue Loss Coverage
(RLC) and Supplemental Coverage Option (SCO) programs if they
can deliver index-bases supplemental coverage at comparable
cost and meet strict accountability standards. Discussion
occurred and the amendment was withdrawn.
Mr. McIntyre was recognized to offer and explain an
amendment that would increase the per farm liability limit from
$1 million to $1.5 million in the Whole Farm Risk Management
Insurance product. Discussion occurred and by a roll call vote
of 19 yeas to 25 nays, the amendment failed. See Roll Call #14.
Mr. Cardoza was also recognized to offer and explain an
amendment that would direct USDA's Risk Management Agency to
conduct a study into the feasibility of a crop insurance
product that would cover producer's losses due to food safety
recalls that they did not cause. Discussion occurred and by a
voice vote the amendment was adopted.
Mr. Welch was recognized to offer and explain an amendment
that would encourage USDA's Risk Management Agency to complete
the development of organic elections for crop insurance.
Discussion occurred and by a voice vote the amendment was
adopted.
Mr. Walz was recognized to offer and explain an amendment
that would strike language in the bill that reduces federal
crop insurance subsidies on native sod that is put into
production for the first four years in the National Prairie
Pothole Priority Area. Chairman recognized himself to offer and
explain a second degree amendment that would not include the
States of Oklahoma and Texas as part of the Walz Amendment.
Discussion occurred and Mr. Walz withdrew his amendment as did
Chairman Lucas.
Mr. Kissell was recognized to offer and explain an
amendment to commission the USDA to study feasibility of
creating an insurance program to protect poultry growers and
companies in the event of a disease outbreak or other
catastrophic loss event. Discussion occurred and by a voice
vote the amendment was adopted.
Title XII--Miscellaneous was placed before the Committee
for consideration.
Mr. McIntyre was recognized to offer and explain an
amendment to extend authorization for appropriations for FY13
through FY17 for the Southeast Crescent Regional Commission,
the Northern Border Regional Commission and the Southwest
Border Regional Commission. Mr. Conaway raised a point of order
to the amendment because it related to subject matter within
Rule X jurisdiction of another committee. Chairman Lucas ruled
that the amendment was not in order. Mr. McIntyre appealed the
ruling of the Chair. Mr. Conaway moved to table the motion to
appeal the ruling of the Chair. By voice vote, the motion to
table the appeal was agreed to. Mr. McIntyre asked for a
recorded vote on the motion to table the appeal to the point of
order on the McIntyre amendment. The results of the recorded
vote were 25 yeas to 20 nays. The motion to table the appeal
was adopted and the ruling of the Chair was sustained. See Roll
Call #15.
Mrs. Roby was then recognized to offer and explain an
amendment to modify the Safe Drinking Water Act to allow water
utilities to post their annual consumer confidence reports
online, saving time as well as printing and mailing costs. Mr.
Conaway raised a point of order against the amendment.
Discussion occurred and the amendment was withdrawn.
Mr. Schrader was recognized to offer and explain an
amendment to authorize Wildlife Services to provide Explosive
Pest Control Devices or ``cracker shells'' to farmers who are
permitted to use such devices for bird and wildlife pest
hazing. Discussion occurred and the amendment was withdrawn.
Mr. King was recognized to offer and explain an amendment
that would reinforce the Commerce Clause by asserting the right
of a state to trade agricultural products with another state.
Discussion occurred and by a voice vote the amendment was
adopted.
Mr. Boswell was recognized to offer and explain an
amendment that created a Military Veterans Agricultural Liaison
within the USDA to educate returning veterans about farming and
connect them with beginning farmer training programs.
Discussion occurred and by a voice vote the amendment was
adopted.
Mr. Neugebauer was recognized to offer and explain an
amendment that would require USDA to turn in a report not later
than 90 days after the enactment date of the Act to the
Committee on Agriculture, Nutrition, and Forestry of the Senate
and the Committee on Agriculture of the House of
Representatives detailing the steps the Secretary will take so
that the United States is in compliance with the decision of
the World Trade Organization regarding Country of Origin
Labeling. Discussion occurred and by a roll call vote of 34
yeas to 12 nays, the amendment was adopted. See Roll Call #16.
Mr. Welch was recognized to offer and explain an amendment
that would authorize the Secretary to make grants to states,
tribal government, and research institutions to research,
promote and expand access to lands for maple sugaring.
Discussion occurred and by roll call vote of 25 yeas to 21
nays, the amendment was adopted. See Roll Call #17.
Mr. Hartzler was then recognized to offer and explain an
amendment that repeals a provision of Food, Conservation, and
Energy Act of 2008 establishing a USDA inspection and grading
program for catfish and other species of farm-raised fish. Mr.
Baca raised a point of order against the amendment but the
point of order was later withdrawn. Discussion occurred and by
a roll call vote of 20 yeas to 25 nays, the amendment failed.
See Roll Call #18.
Mr. David Scott was also recognized to offer and explain an
amendment that will clarify the rules governing the sugar trade
between the United States and Columbia under the United States-
Colombia Trade Promotion Agreement in a manner similar to that
under other U.S. Free Trade Agreements with sugar-producing
countries. Mr. Conaway raised a point of order against the
amendment. Discussion occurred and the amendment was withdrawn.
Mrs. Noem was recognized to offer and explain an amendment
that would permanently establish an Office of Tribal Relations
with the Office of the Secretary of Agriculture to ensure
Tribal consultation and Tribal access to USDA programs.
Discussion occurred and by a voice vote the amendment was
adopted.
Mr. McGovern was recognized to offer and explain an
amendment that would close a loophole related to spectators at
animal fighting ventures. Discussion occurred and by roll call
vote of 26 yeas to 19 nays, the amendment was adopted. See Roll
Call #19.
Mr. Neugebauer was recognized to offer and explain an
amendment that would continue a provision from the 2008 Farm
Bill that would prevent producers and growers from losing
eligibility for any program under the Federal Agricultural
Reform and Risk Management Act of 2012 solely as a result of
participating in a 1-time study of recharge potential for the
Ogallala Aquifer in the High Plains of the State of Texas.
Discussion occurred and by a voice vote the amendment was
adopted.
Ms. Pingree was recognized to offer and explain an
amendment that provides for the Secretary to cooperate with
States, processors and growers in submitting a report to
Congress within 12 months of enactment of the bill. Discussion
occurred and by a voice vote the amendment was adopted.
Mr. King was recognized to offer and explain an amendment
that directs the Secretary of Agriculture to take action,
within his jurisdiction to promote immediate increased flood
protection for farmers, producers, and other agricultural
interests in the Missouri River Basin. Mr. Boswell was
recognized to offer an amendment in the second degree that
would add agribusinesses in Hamburg, Iowa. Mr. Conaway raised a
point of order, discussion occurred and the point of order was
vacated. By a voice vote the King amendment was adopted, as
amended by the Boswell amendment.
Mr. Conaway was then recognized to offer and explain an
amendment that prevents the Grain Inspection, Packers and
Stockyards Administration from doing any further work on the
GIPSA rulemaking that resulted from the 2008 Farm Bill by
repealing section 11006 of the Food, Conservation, and Energy
Act of 2008. Discussion occurred and by a voice vote the
amendment was adopted.
Mrs. Hartzler was recognized to offer and explain an
amendment that authorizes the Secretary of Agriculture acting
through Agricultural Research Service to provide greater
outreach and educational opportunities to the ``Socially
Disadvantaged Farmers and Ranchers, and Veteran Farmers and
Ranchers'' program by engaging in cooperative agreements with
universities and non-profit organizations. Discussion occurred
and by a voice vote the amendment failed.
Mr. Huelskamp was recognized to offer and explain an
amendment that prohibits the EPA from regulating coarse
particulate matter from activities common in rural areas or
from natural sources. Discussion occurred and the amendment was
withdrawn.
Mr. Huelskamp was again recognized to offer and explain an
amendment that defines ``water of the United States'' and
``navigable waters'' for the purposes of regulation by the EPA.
Discussion occurred and the amendment was withdrawn.
There being no further amendments, Mr. Peterson moved that
H.R. 6083, as amended, be adopted and reported favorably to the
House with the recommendation that it pass. By a roll call vote
of 35 yeas to 11 nays, motion was agreed to in the presence of
a quorum. See Roll Call #20.
Mr. Peterson moved that the Chairman, after consultation
with the Ranking Member, be authorized to make such adjustments
to the spending levels in the reported version of the bill as
are necessary. Without objection, the motion was agreed to.
Chairman Lucas informed Committee Members who wished to
file supplemental, minority, or additional views to the bill to
transmit them to the Counsel's Office.
Without objection, staff was given permission to make any
necessary clerical, technical or conforming changes to reflect
the intent of the Committee.
Chairman Lucas thanked all the members for their
attentiveness and good work and adjourned the meeting.
REPORTING THE BILL--ROLL CALL VOTES
In compliance with clause 3(b) of rule XIII of the House of
Representatives, the Committee sets forth the record of the
following roll call votes taken with respect to H.R. 6083.
ROLL CALL #1
Summary: Amendment to Title I of H.R. 6083 that would
remove ``Dairy Producer Margin Protection and Dairy Market
Stabilization Programs'' and replace it with a new ``Dairy
Producer Margin Insurance Program''.
Offered By: Representative Bob Goodlatte
Results: Amendment failed by a vote of 17 yeas, 29 nays.
YEAS
1. Mr. Goodlatte 10. Mr. Southerland
2. Mr. King 11. Mr. Huelskamp
3. Mr. Neugebauer 12. Mr. DesJarlais
4. Mr. Fortenberry 13. Mrs. Ellmers
5. Mrs. Schmidt 14. Mr. Hultgren
6. Mr. Thompson 15. Mr. Ribble
7. Mr. Rooney 16. Mr. David Scott
8. Mr. Gibbs 17. Ms. Fudge
9. Mr. Tipton
NAYS
1. Mr. Lucas 16. Mr. Baca
2. Mr. Johnson 17. Mr. Cardoza
3. Mr. Conaway 18. Mr. Cuellar
4. Mr. Stutzman 19. Mr. Costa
5. Mr. Austin Scott 20. Mr. Walz
6. Mr. Crawford 21. Mr. Schrader
7. Mrs. Roby 22. Mr. Kissell
8. Mr. Gibson 23. Mr. Owens
9. Mrs. Hartzler 24. Ms. Pingree
10. Mr. Schilling 25. Mr. Courtney
11. Mrs. Noem 26. Mr. Welch
12. Mr. Peterson 27. Mr. Sablan
13. Mr. Holden 28. Ms. Sewell
14. Mr. McIntyre 29. Mr. McGovern
15. Mr. Boswell
ROLL CALL #2
Summary: Amendment to Title I of H.R. 6083 that would
repeal the Feedstock Flexibility Program, repeal unnecessary
trade restrictions, eliminate higher price support levels,
reform domestic supply restrictions to provide more flexibility
to USDA, and provide flexibility to USDA in administering sugar
policies.
Offered By: Representative Bob Goodlatte
Results: Amendment failed by a vote of 10 yeas, 36 nays.
YEAS
1. Mr. Goodlatte 6. Mr. Huelskamp
2. Mr. Johnson 7. Mr. DesJarlais
3. Mr. Neugebauer 8. Mr. Ribble
4. Mr. Thompson 9. Mr. David Scott
5. Mr. Stutzman 10. Ms. Fudge
NAYS
1. Mr. Lucas 19. Mr. Peterson
2. Mr. King 20. Mr. Holden
3. Mr. Conaway 21. Mr. McIntyre
4. Mr. Fortenberry 22. Mr. Boswell
5. Mrs. Schmidt 23. Mr. Baca
6. Mr. Rooney 24. Mr. Cardoza
7. Mr. Gibbs 25. Mr. Cuellar
8. Mr. Austin Scott 26. Mr. Costa
9. Mr. Tipton 27. Mr. Walz
10. Mr. Southerland 28. Mr. Schrader
11. Mr. Crawford 29. Mr. Kissell
12. Mrs. Roby 30. Mr. Owens
13. Mrs. Ellmers 31. Ms. Pingree
14. Mr. Gibson 32. Mr. Courtney
15. Mr. Hultgren 33. Mr. Welch
16. Mrs. Hartzler 34. Mr. Sablan
17. Mr. Schilling 35. Ms. Sewell
18. Mrs. Noem 36. Mr. McGovern
ROLL CALL #3
Summary: Amendment to Title II of H.R. 6083 that would
extend authorization of EQIP for air quality concerns.
Offered By: Representative Jim Costa
Results: Amendment failed by a vote of 18 yeas, 26 nays,
and 2 not voting.
YEAS
1. Mr. Tipton 10. Mr. Schrader
2. Mr. Gibson 11. Mr. Kissell
3. Mr. Boswell 12. Mr. Owens
4. Mr. Baca 13. Ms. Pingree
5. Mr. Cardoza 14. Mr. Courtney
6. Mr. David Scott 15. Mr. Welch
7. Mr. Cuellar 16. Mr. Sablan
8. Mr. Costa 17. Ms. Sewell
9. Mr. Walz 18. Mr. McGovern
NAYS
1. Mr. Lucas 14. Mr. Southerland
2. Mr. Goodlatte 15. Mr. Crawford
3. Mr. Johnson 16. Mrs. Roby
4. Mr. King 17. Mr. Huelskamp
5. Mr. Neugebauer 18. Mr. DesJarlais
6. Mr. Conaway 19. Mr. Hultgren
7. Mr. Fortenberry 20. Mrs. Hartzler
8. Mrs. Schmidt 21. Mr. Schilling
9. Mr. Thompson 22. Mr. Ribble
10. Mr. Rooney 23. Mrs. Noem
11. Mr. Stutzman 24. Mr. Peterson
12. Mr. Gibbs 25. Mr. Holden
13. Mr. Austin Scott 26. Mr. McIntyre
NOT VOTING
1. Mrs. Ellmers 2. Ms. Fudge
ROLL CALL #4
Summary: Amendment to Title IV of H.R. 6083 that would
strike sections 4004, 4005, and 4011.
Offered By: Representative Jim McGovern
Results: Amendment failed by a vote of 15 yeas, 31 nays.
YEAS
1. Mr. Boswell 9. Ms. Pingree
2. Mr. Baca 10. Mr. Courtney
3. Mr. Cardoza 11. Mr. Welch
4. Mr. David Scott 12. Ms. Fudge
5. Mr. Cuellar 13. Mr. Sablan
6. Mr. Costa 14. Ms. Sewell
7. Mr. Walz 15. Mr. McGovern
8. Mr. Kissell
NAYS
1. Mr. Lucas 17. Mrs. Roby
2. Mr. Goodlatte 18. Mr. Huelskamp
3. Mr. Johnson 19. Mr. DesJarlais
4. Mr. King 20. Mrs. Ellmers
5. Mr. Neugebauer 21. Mr. Gibson
6. Mr. Conaway 22. Mr. Hultgren
7. Mr. Fortenberry 23. Mrs. Hartzler
8. Mrs. Schmidt 24. Mr. Schilling
9. Mr. Thompson 25. Mr. Ribble
10. Mr. Rooney 26. Mrs. Noem
11. Mr. Stutzman 27. Mr. Peterson
12. Mr. Gibbs 28. Mr. Holden
13. Mr. Austin Scott 29. Mr. McIntyre
14. Mr. Tipton 30. Mr. Schrader
15. Mr. Southerland 31. Mr. Owens
16. Mr. Crawford
ROLL CALL #5
Summary: Amendment to Title IV of H.R. 6083 that would
strike Title IV and insert it with Title IV from S. 3240.
Offered By: Representative Kurt Schrader
Results: Amendment failed by a vote of 15 yeas, 28 nays,
and 3 not voting.
YEAS
1. Mr. Gibson 9. Mr. Walz
2. Mr. McIntyre 10. Mr. Schrader
3. Mr. Boswell 11. Mr. Kissell
4. Mr. Baca 12. Mr. Owens
5. Mr. Cardoza 13. Ms. Pingree
6. Mr. David Scott 14. Mr. Courtney
7. Mr. Cuellar 15. Mr. Welch
8. Mr. Costa
NAYS
1. Mr. Lucas 15. Mr. Crawford
2. Mr. Goodlatte 16. Mrs. Roby
3. Mr. King 17. Mr. Huelskamp
4. Mr. Neugebauer 18. Mr. DesJarlais
5. Mr. Conaway 19. Mrs. Ellmers
6. Mr. Fortenberry 20. Mr. Hultgren
7. Mrs. Schmidt 21. Mrs. Hartzler
8. Mr. Thompson 22. Mr. Schilling
9. Mr. Rooney 23. Mr. Ribble
10. Mr. Stutzman 24. Mrs. Noem
11. Mr. Gibbs 25. Mr. Peterson
12. Mr. Austin Scott 26. Mr. Holden
13. Mr. Tipton 27. Mr. Sablan
14. Mr. Southerland 28. Mr. McGovern
NOT VOTING
1. Mr. Johnson 3. Ms. Sewell
2. Ms. Fudge
ROLL CALL #6
Summary: Amendment to Title IV of H.R. 6083 that would
require all SNAP benefits in Puerto Rico be delivered by EBT
cards.
Offered By: Representative Steve King
Results: Amendment adopted by a vote of 27 yeas, 19 nays.
YEAS
1. Mr. Lucas 15. Mr. Southerland
2. Mr. Goodlatte 16. Mr. Crawford
3. Mr. Johnson 17. Mrs. Roby
4. Mr. King 18. Mr. Huelskamp
5. Mr. Neugebauer 19. Mr. DesJarlais
6. Mr. Conaway 20. Mrs. Ellmers
7. Mr. Fortenberry 21. Mr. Hultgren
8. Mrs. Schmidt 22. Mrs. Hartzler
9. Mr. Thompson 23. Mr. Schilling
10. Mr. Rooney 24. Mr. Ribble
11. Mr. Stutzman 25. Mrs. Noem
12. Mr. Gibbs 26. Mr. McIntyre
13. Mr. Austin Scott 27. Mr. Cuellar
14. Mr. Tipton
NAYS
1. Mr. Gibson 11. Mr. Kissell
2. Mr. Peterson 12. Mr. Owens
3. Mr. Holden 13. Ms. Pingree
4. Mr. Boswell 14. Mr. Courtney
5. Mr. Baca 15. Mr. Welch
6. Mr. Cardoza 16. Ms. Fudge
7. Mr. David Scott 17. Mr. Sablan
8. Mr. Costa 18. Ms. Sewell
9. Mr. Walz 19. Mr. McGovern
10. Mr. Schrader
ROLL CALL #7
Summary: Amendment to Title IV of H.R. 6083 that would
restore all SNAP reforms passed by the Committee to fulfill
their obligation under FY 2013 budget reconciliation.
Offered By: Representative Tim Huelskamp
Results: Amendment failed by a vote of 13 yeas, 33 nays.
YEAS
1. Mr. Goodlatte 8. Mrs. Roby
2. Mr. King 9. Mr. Huelskamp
3. Mr. Neugebauer 10. Mr. DesJarlais
4. Mr. Stutzman 11. Mrs. Ellmers
5. Mr. Gibbs 12. Mrs. Hartzler
6. Mr. Austin Scott 13. Mr. Ribble
7. Mr. Southerland
NAYS
1. Mr. Lucas 18. Mr. Baca
2. Mr. Johnson 19. Mr. Cardoza
3. Mr. Conaway 20. Mr. David Scott
4. Mr. Fortenberry 21. Mr. Cuellar
5. Mrs. Schmidt 22. Mr. Costa
6. Mr. Thompson 23. Mr. Walz
7. Mr. Rooney 24. Mr. Schrader
8. Mr. Tipton 25. Mr. Kissell
9. Mr. Crawford 26. Mr. Owens
10. Mr. Gibson 27. Ms. Pingree
11. Mr. Hultgren 28. Mr. Courtney
12. Mr. Schilling 29. Mr. Welch
13. Mrs. Noem 30. Ms. Fudge
14. Mr. Peterson 31. Mr. Sablan
15. Mr. Holden 32. Ms. Sewell
16. Mr. McIntyre 33. Mr. McGovern
17. Mr. Boswell
ROLL CALL #8
Summary: Amendment to Title IV of H.R. 6083 that would
require proof of payment for income deductions for households
that receive SNAP benefits.
Offered By: Representative Martha Roby
Results: Amendment failed by a vote of 17 yeas, 27 nays,
and 2 not voting.
YEAS
1. Mr. Goodlatte 10. Mrs. Roby
2. Mr. Johnson 11. Mr. Huelskamp
3. Mr. King 12. Mr. DesJarlais
4. Mr. Neugebauer 13. Mrs. Ellmers
5. Mr. Rooney 14. Mrs. Hartzler
6. Mr. Stutzman 15. Mr. Schilling
7. Mr. Gibbs 16. Mr. Ribble
8. Mr. Austin Scott 17. Mrs. Noem
9. Mr. Southerland
NAYS
1. Mr. Lucas 15. Mr. Cuellar
2. Mr. Conaway 16. Mr. Costa
3. Mr. Fortenberry 17. Mr. Walz
4. Mrs. Schmidt 18. Mr. Schrader
5. Mr. Tipton 19. Mr. Kissell
6. Mr. Crawford 20. Mr. Owens
7. Mr. Gibson 21. Ms. Pingree
8. Mr. Hultgren 22. Mr. Courtney
9. Mr. Peterson 23. Mr. Welch
10. Mr. McIntyre 24. Ms. Fudge
11. Mr. Boswell 25. Mr. Sablan
12. Mr. Baca 26. Ms. Sewell
13. Mr. Cardoza 27. Mr. McGovern
14. Mr. David Scott
NOT VOTING
1. Mr. Thompson 2. Mr. Holden
ROLL CALL #9
Summary: Amendment to Title VI of H.R. 6083 that would
create a universal priority across all rural development
programs for applications which support strategic community and
economic development plans on a multijurisdictional basis.
Offered By: Representative Terri Sewell
Results: Amendment failed by a vote of 18 yeas, 26 nays,
and 2 not voting.
YEAS
1. Mr. Austin Scott 10. Mr. Schrader
2. Mr. Gibson 11. Mr. Kissell
3. Mr. Schilling 12. Mr. Owens
4. Mr. McIntyre 13. Ms. Pingree
5. Mr. Boswell 14. Mr. Courtney
6. Mr. Baca 15. Mr. Welch
7. Mr. David Scott 16. Mr. Sablan
8. Mr. Costa 17. Ms. Sewell
9. Mr. Walz 18. Mr. McGovern
NAYS
1. Mr. Lucas 14. Mr. Southerland
2. Mr. Goodlatte 15. Mr. Crawford
3. Mr. Johnson 16. Mrs. Roby
4. Mr. King 17. Mr. Huelskamp
5. Mr. Neugebauer 18. Mr. DesJarlais
6. Mr. Conaway 19. Mrs. Ellmers
7. Mr. Fortenberry 20. Mr. Hultgren
8. Mrs. Schmidt 21. Mrs. Hartzler
9. Mr. Thompson 22. Mr. Ribble
10. Mr. Rooney 23. Mrs. Noem
11. Mr. Stutzman 24. Mr. Peterson
12. Mr. Gibbs 25. Mr. Holden
13. Mr. Tipton 26. Mr. Cuellar
NOT VOTING
1. Mr. Cardoza 2. Ms. Fudge
ROLL CALL #10
Summary: Amendment to Title VI of H.R. 6083 that would
increase the RUS Broadband Program authorization level from $25
million to $35 million and directs Appropriators to make not
less than $25 million available for loans and not more than $10
million available for grants. Grants must be made in
combination with a loan where the grant does not exceed 10
percent of the cost of the project, and the eligible entity
provides matching funds from non-Federal sources.
Offered By: Representative Chris Gibson
Results: Amendment failed by a vote of 20 yeas, 24 nays,
and 2 not voting.
YEAS
1. Mr. Austin Scott 11. Mr. Costa
2. Mr. Tipton 12. Mr. Walz
3. Mr. Gibson 13. Mr. Schrader
4. Mrs. Noem 14. Mr. Kissell
5. Mr. Peterson 15. Mr. Owens
6. Mr. Holden 16. Ms. Pingree
7. Mr. McIntyre 17. Mr. Courtney
8. Mr. Boswell 18. Ms. Fudge
9. Mr. Baca 19. Mr. Sablan
10. Mr. Cuellar 20. Mr. McGovern
NAYS
1. Mr. Lucas 13. Mr. Southerland
2. Mr. Goodlatte 14. Mr. Crawford
3. Mr. Johnson 15. Mrs. Roby
4. Mr. King 16. Mr. Huelskamp
5. Mr. Neugebauer 17. Mr. DesJarlais
6. Mr. Conaway 18. Mrs. Ellmers
7. Mr. Fortenberry 19. Mr. Hultgren
8. Mrs. Schmidt 20. Mrs. Hartzler
9. Mr. Thompson 21. Mr. Schilling
10. Mr. Rooney 22. Mr. Ribble
11. Mr. Stutzman 23. Mr. David Scott
12. Mr. Gibbs 24. Mr. Welch
NOT VOTING
1. Mr. Cardoza 2. Ms. Sewell
ROLL CALL #11
Summary: Amendment to Title VII of H.R. 6083 regarding
education and training programs for agriculture farm workers.
Offered By: Representative Joe Baca
Results: Amendment failed by a vote of 17 yeas, 25 nays,
and 4 not voting.
YEAS
1. Mr. Gibson 10. Mr. Walz
2. Mr. Peterson 11. Mr. Schrader
3. Mr. Holden 12. Mr. Kissell
4. Mr. Boswell 13. Mr. Owens
5. Mr. Baca 14. Mr. Welch
6. Mr. Cardoza 15. Ms. Fudge
7. Mr. David Scott 16. Mr. Sablan
8. Mr. Cuellar 17. Mr. McGovern
9. Mr. Costa
NAYS
1. Mr. Lucas 14. Mr. Tipton
2. Mr. Goodlatte 15. Mr. Southerland
3. Mr. Johnson 16. Mr. Crawford
4. Mr. King 17. Mrs. Roby
5. Mr. Neugebauer 18. Mr. Huelskamp
6. Mr. Conaway 19. Mr. DesJarlais
7. Mr. Fortenberry 20. Mrs. Ellmers
8. Mrs. Schmidt 21. Mr. Hultgren
9. Mr. Thompson 22. Mrs. Hartzler
10. Mr. Rooney 23. Mr. Schilling
11. Mr. Stutzman 24. Mr. Ribble
12. Mr. Gibbs 25. Mrs. Noem
13. Mr. Austin Scott
NOT VOTING
1. Mr. McIntyre 3. Mr. Courtney
2. Ms. Pingree 4. Ms. Sewell
ROLL CALL #12
Summary: Amendment to Title VII of H.R. 6083 to increase
mandatory funding for the Specialty Crop Research initiative.
Offered By: Representative Kurt Schrader
Results: Amendment failed by a vote of 19 yeas, 26 nays,
and 1 not voting.
YEAS
1. Mr. Rooney 11. Mr. Schrader
2. Mr. Gibson 12. Mr. Kissell
3. Mr. McIntyre 13. Mr. Owens
4. Mr. Boswell 14. Ms. Pingree
5. Mr. Baca 15. Mr. Courtney
6. Mr. Cardoza 16. Mr. Welch
7. Mr. David Scott 17. Ms. Fudge
8. Mr. Cuellar 18. Mr. Sablan
9. Mr. Costa 19. Mr. McGovern
10. Mr. Walz
NAYS
1. Mr. Lucas 14. Mr. Southerland
2. Mr. Goodlatte 15. Mr. Crawford
3. Mr. Johnson 16. Mrs. Roby
4. Mr. King 17. Mr. Huelskamp
5. Mr. Neugebauer 18. Mr. DesJarlais
6. Mr. Conaway 19. Mrs. Ellmers
7. Mr. Fortenberry 20. Mr. Hultgren
8. Mrs. Schmidt 21. Mrs. Hartzler
9. Mr. Thompson 22. Mr. Schilling
10. Mr. Stutzman 23. Mr. Ribble
11. Mr. Gibbs 24. Mrs. Noem
12. Mr. Austin Scott 25. Mr. Peterson
13. Mr. Tipton 26. Mr. Holden
NOT VOTING
1. Ms. Sewell
ROLL CALL #13
Summary: Amendment to Title X of H.R. 6083 to restore the
National Organic Certification Cost-Share Program.
Offered By: Representative Jim Costa.
Results: Amendment failed by a vote of 17 yeas, 27 nays,
and 2 not voting.
YEAS
1. Mr. Gibson 10. Mr. Schrader
2. Mr. Ribble 11. Mr. Kissell
3. Mr. Boswell 12. Mr. Owens
4. Mr. Baca 13. Ms. Pingree
5. Mr. Cardoza 14. Mr. Courtney
6. Mr. David Scott 15. Mr. Sablan
7. Mr. Cuellar 16. Ms. Sewell
8. Mr. Costa 17. Mr. McGovern
9. Mr. Walz
NAYS
1. Mr. Lucas 15. Mr. Southerland
2. Mr. Goodlatte 16. Mr. Crawford
3. Mr. Johnson 17. Mrs. Roby
4. Mr. King 18. Mr. Huelskamp
5. Mr. Neugebauer 19. Mr. DesJarlais
6. Mr. Conaway 20. Mrs. Ellmers
7. Mr. Fortenberry 21. Mr. Hultgren
8. Mrs. Schmidt 22. Mrs. Hartzler
9. Mr. Thompson 23. Mr. Schilling
10. Mr. Rooney 24. Mrs. Noem
11. Mr. Stutzman 25. Mr. Peterson
12. Mr. Gibbs 26. Mr. Holden
13. Mr. Austin Scott 27. Mr. McIntyre
14. Mr. Tipton
NOT VOTING
1. Mr. Welch 2. Ms. Fudge
ROLL CALL #14
Summary: Amendment to Title XI of H.R. 6083 to increase the
per farm limit from $1 million to $1.5 million in the Whole
Farm Risk Management Insurance product.
Offered By: Representative Mike McIntyre.
Results: Amendment failed by a vote of 19 yeas, 25 nays,
and 2 not voting.
YEAS
1. Mr. Gibson 11. Mr. Kissell
2. Mr. Peterson 12. Mr. Owens
3. Mr. Holden 13. Ms. Pingree
4. Mr. McIntyre 14. Mr. Courtney
5. Mr. Boswell 15. Mr. Welch
6. Mr. Baca 16. Ms. Fudge
7. Mr. David Scott 17. Mr. Sablan
8. Mr. Cuellar 18. Ms. Sewell
9. Mr. Walz 19. Mr. McGovern
10. Mr. Schrader
NAYS
1. Mr. Lucas 14. Mr. Southerland
2. Mr. Goodlatte 15. Mr. Crawford
3. Mr. King 16. Mrs. Roby
4. Mr. Neugebauer 17. Mr. Huelskamp
5. Mr. Conaway 18. Mr. DesJarlais
6. Mr. Fortenberry 19. Mrs. Ellmers
7. Mrs. Schmidt 20. Mr. Hultgren
8. Mr. Thompson 21. Mrs. Hartzler
9. Mr. Rooney 22. Mr. Schilling
10. Mr. Stutzman 23. Mr. Ribble
11. Mr. Gibbs 24. Mrs. Noem
12. Mr. Austin Scott 25. Mr. Cardoza
13. Mr. Tipton
NOT VOTING
1. Mr. Johnson 2. Mr. Costa
ROLL CALL #15
Summary: Conaway motion to table the appeal to the point of
order on the McIntyre amendment.
Results: Motion passed by a vote of 25 yeas, 20 nays, and 1
not voting.
YEAS
1. Mr. Lucas 14. Mr. Tipton
2. Mr. Goodlatte 15. Mr. Southerland
3. Mr. Johnson 16. Mr. Crawford
4. Mr. King 17. Mrs. Roby
5. Mr. Neugebauer 18. Mr. Huelskamp
6. Mr. Conaway 19. Mr. DesJarlais
7. Mr. Fortenberry 20. Mrs. Ellmers
8. Mrs. Schmidt 21. Mr. Gibson
9. Mr. Thompson 22. Mr. Hultgren
10. Mr. Rooney 23. Mrs. Hartzler
11. Mr. Stutzman 24. Mr. Schilling
12. Mr. Gibbs 25. Mrs. Noem
13. Mr. Austin Scott
NAYS
1. Mr. Peterson 11. Mr. Schrader
2. Mr. Holden 12. Mr. Kissell
3. Mr. McIntyre 13. Mr. Owens
4. Mr. Boswell 14. Ms. Pingree
5. Mr. Baca 15. Mr. Courtney
6. Mr. Cardoza 16. Mr. Welch
7. Mr. David Scott 17. Ms. Fudge
8. Mr. Cuellar 18. Mr. Sablan
9. Mr. Costa 19. Ms. Sewell.
10. Mr. Walz 20. Mr. McGovern
NOT VOTING
1. Mr. Ribble
ROLL CALL #16
Summary: Amendment to Title XII of H.R. 6083 requiring a
report from USDA outlining the necessary steps to be taken by
the U.S. in order to be in compliance with the WTO COOL
decision.
Offered By: Representative Randy Neugebauer.
Results: Amendment passed with 34 yeas and 12 nays.
YEAS
1. Mr. Lucas 18. Mr. Huelskamp
2. Mr. Goodlatte 19. Mr. DesJarlais
3. Mr. Johnson 20. Mrs. Ellmers
4. Mr. King 21. Mr. Gibson
5. Mr. Neugebauer 22. Mr. Hultgren
6. Mr. Conaway 23. Mrs. Hartzler
7. Mr. Fortenberry 24. Mr. Schilling
8. Mrs. Schmidt 25. Mr. Ribble
9. Mr. Thompson 26. Mrs. Noem
10. Mr. Rooney 27. Mr. McIntyre
11. Mr. Stutzman 28. Mr. David Scott
12. Mr. Gibbs 29. Mr. Cuellar
13. Mr. Austin Scott 30. Mr. Kissell
14. Mr. Tipton 31. Mr. Owens
15. Mr. Southerland 32. Mr. Courtney
16. Mr. Crawford 33. Mr. Sablan
17. Mrs. Roby 34. Ms. Sewell
NAYS
1. Mr. Peterson 7. Mr. Walz
2. Mr. Holden 8. Mr. Schrader
3. Mr. Boswell 9. Ms. Pingree
4. Mr. Baca 10. Mr. Welch
5. Mr. Cardoza 11. Ms. Fudge
6. Mr. Costa 12. Mr. McGovern
ROLL CALL #17
Summary: Amendment to Title XII of H.R. 6083 authorizing
the Secretary of Agriculture to make grants to states, tribal
governments and research institutions to research, promote, and
expand access to lands for maple sugaring.
Offered By: Representative Peter Welch.
Results: Amendment passed by a vote of 25 yeas and 21 nays.
YEAS
1. Mr. Lucas 14. Mr. Costa
2. Mr. Goodlatte 15. Mr. Walz
3. Mr. Johnson 16. Mr. Schrader
4. Mr. Fortenberry 17. Mr. Kissell
5. Mr. Rooney 18. Mr. Owens
6. Mr. Gibson 19. Ms. Pingree
7. Mr. Peterson 20. Mr. Courtney
8. Mr. Holden 21. Mr. Welch
9. Mr. Boswell 22. Ms. Fudge
10. Mr. Baca 23. Mr. Sablan
11. Mr. Cardoza 24. Ms. Sewell
12. Mr. David Scott 25. Mr. McGovern
13. Mr. Cuellar
NAYS
1. Mr. King 12. Mrs. Roby
2. Mr. Neugebauer 13. Mr. Huelskamp
3. Mr. Conaway 14. Mr. DesJarlais
4. Mrs. Schmidt 15. Mrs. Ellmers
5. Mr. Thompson 16. Mr. Hultgren
6. Mr. Stutzman 17. Mrs. Hartzler
7. Mr. Gibbs 18. Mr. Schilling
8. Mr. Austin Scott 19. Mr. Ribble
9. Mr. Tipton 20. Mrs. Noem
10. Mr. Southerland 21. Mr. McIntyre
11. Mr. Crawford
ROLL CALL #18
Summary: Amendment to Title XII of H.R. 6083 to repeal a
provision of the Food, Conservation, and Energy Act of 2008
establishing a USDA inspection and grading program for catfish
and other species of farm-raised fish.
Offered By: Representative Vicky Hartzler.
Results: Amendment failed by a vote of 20 yeas, 25 nays,
and 1 not voting.
YEAS
1. Mr. King 11. Mrs. Ellmers
2. Mr. Neugebauer 12. Mr. Hultgren
3. Mr. Thompson 13. Mrs. Hartzler
4. Mr. Rooney 14. Mr. Schilling
5. Mr. Stutzman 15. Mr. Ribble
6. Mr. Gibbs 16. Mrs. Noem
7. Mr. Tipton 17. Mr. McIntyre
8. Mr. Southerland 18. Mr. Schrader
9. Mr. Huelskamp 19. Mr. Kissell
10. Mr. DesJarlais 20. Ms. Pingree
NAYS
1. Mr. Lucas 14. Mr. Baca
2. Mr. Goodlatte 15. Mr. Cardoza
3. Mr. Johnson 16. Mr. David Scott
4. Mr. Conaway 17. Mr. Cuellar
5. Mr. Fortenberry 18. Mr. Costa
6. Mrs. Schmidt 19. Mr. Walz
7. Mr. Austin Scott 20. Mr. Owens
8. Mr. Crawford 21. Mr. Courtney
9. Mrs. Roby 22. Mr. Welch
10. Mr. Gibson 23. Ms. Fudge
11. Mr. Peterson 24. Mr. Sablan
12. Mr. Holden 25. Ms. Sewell
13. Mr. Boswell
NOT VOTING
1. Mr. McGovern
ROLL CALL #19
Summary: Amendment to Tile XII of H.R. 6083 to close a
loophole related to spectators at animal fighting ventures.
Offered By: Representative James McGovern.
Results: Amendment adopted by a vote of 26 yeas, 19 nays,
and 1 not voting.
YEAS
1. Mr. Fortenberry 14. Mr. David Scott
2. Mr. Thompson 15. Mr. Cuellar
3. Mr. Austin Scott 16. Mr. Walz
4. Mrs. Roby 17. Mr. Schrader
5. Mrs. Ellmers 18. Mr. Kissell
6. Mr. Gibson 19. Mr. Owens
7. Mr. Schilling 20. Ms. Pingree
8. Mr. Peterson 21. Mr. Courtney
9. Mr. Holden 22. Mr. Welch
10. Mr. McIntyre 23. Ms. Fudge
11. Mr. Boswell 24. Mr. Sablan
12. Mr. Baca 25. Ms. Sewell
13. Mr. Cardoza 26. Mr. McGovern
NAYS
1. Mr. Lucas 11. Mr. Southerland
2. Mr. Goodlatte 12. Mr. Crawford
3. Mr. King 13. Mr. Huelskamp
4. Mr. Neugebauer 14. Mr. DesJarlais
5. Mr. Conaway 15. Mr. Hultgren
6. Mrs. Schmidt 16. Mrs. Hartzler
7. Mr. Rooney 17. Mr. Ribble
8. Mr. Stutzman 18. Mrs. Noem
9. Mr. Gibbs 19. Mr. Costa
10. Mr. Tipton
NOT VOTING
1. Mr. Johnson
ROLL CALL #20
Summary: Final Passage of H.R. 6083
Results: Bill passed by a vote of 35 yeas, and 11 nays
YEAS
1. Mr. Lucas 19. Mrs. Hartzler
2. Mr. Johnson 20. Mr. Schilling
3. Mr. King 21. Mr. Ribble
4. Mr. Neugebauer 22. Mrs. Noem
5. Mr. Conaway 23. Mr. Peterson
6. Mr. Fortenberry 24. Mr. Holden
7. Mrs. Schmidt 25. Mr. McIntyre
8. Mr. Thompson 26. Mr. Boswell
9. Mr. Rooney 27. Mr. Cardoza
10. Mr. Austin Scott 28. Mr. Cuellar
11. Mr. Tipton 29. Mr. Costa
12. Mr. Southerland 30. Mr. Walz
13. Mr. Crawford 31. Mr. Schrader
14. Mrs. Roby 32. Mr. Kissell
15. Mr. DesJarlais 33. Mr. Owens
16. Mrs. Ellmers 34. Mr. Welch
17. Mr. Gibson 35. Mr. Sablan
18. Mr. Hultgren
NAYS
1. Mr. Goodlatte 7. Ms. Pingree
2. Mr. Stutzman 8. Mr. Courtney
3. Mr. Gibbs 9. Ms. Fudge
4. Mr. Huelskamp 10. Ms. Sewell
5. Mr. Baca 11. Mr. McGovern
6. Mr. David Scott
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee on Agriculture's
oversight findings and recommendations are reflected in the
body of this report.
BUDGET ACT COMPLIANCE (SECTIONS 308, 402, AND 423)
The provisions of clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974 (relating to estimates of new
budget authority, new spending authority, new credit authority,
or increased or decreased revenues or tax expenditures) are not
considered applicable. The estimate and comparison required to
be prepared by the Director of the Congressional Budget Office
under clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives and sections 402 and 423 of the Congressional
Budget Act of 1974 submitted to the Committee prior to the
filing of this report are as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 26, 2012.
Hon. Frank Lucas,
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. 6083, the Federal
Agriculture Reform and Risk Management act of 2012, as ordered
reported by the House Committee on Agriculture on July 11,
2012.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jim Langley.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 6083--Federal Agriculture Reform and Risk Management Act of 2012
Summary: H.R. 6083 would amend and extend a number of major
programs administered by the U.S. Department of Agriculture
(USDA), including those addressing farm income support, food
and nutrition, land conservation, trade promotion, rural
development, research, forestry, energy, horticulture, and crop
insurance.
When combined with estimated spending under CBO's baseline
projections for those programs, CBO estimates that enacting the
Federal Agriculture Reform and Risk Management Act of 2012
would bring total direct spending for those USDA programs to
$957.7 billion over the 2013-2022 period--$35.1 billion less
than we project would be spent if those programs were continued
as under current law.
Pay-as-you-go procedures apply because enacting the
legislation would affect direct spending. Enacting the bill
would not affect revenues.
The bill also would authorize appropriations over the 2013-
2017 period for existing and new USDA programs involving
research and education, nutrition, trade promotion, rural
development, credit assistance, forestry, conservation
initiatives, and other miscellaneous activities. CBO estimates
that implementing those provisions would cost about $22.1
billion over the next five years, assuming appropriation of the
necessary amounts.
The bill would impose intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
CBO estimates that the aggregate costs of mandates on state,
local, and tribal governments would fall below the annual
threshold established in UMRA for intergovernmental mandates
($73 million in 2012, adjusted annually for inflation). Because
the cost of some of the mandates on the private sector would
depend on future regulations, CBO cannot determine whether the
aggregate cost of those mandates would exceed the annual
threshold established in UMRA for private-sector mandates ($146
million in 2012, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 6083 is shown in Table 1. The costs of
this legislation fall within budget functions 150
(international affairs), 270 (energy), 300 (natural resources
and environment), 350 (agriculture), 450 (community and
regional development), and 600 (income security).
TABLE 1. SUMMARY OF ESTIMATED BUDGETARY EFFECTS OF H.R. 6083, THE FEDERAL AGRICULTURE REFORM AND RISK MANAGEMENT ACT OF 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2013-2017 2013-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Estimated Budget Authority.. 31 -5,023 -3,410 -3,592 -3,320 -3,428 -3,694 -3,689 -3,846 -3,780 -15,315 -33,751
Estimated Outlays........... -306 -5,968 -3,612 -3,491 -3,327 -3,387 -3,709 -3,698 -3,834 -3,810 -16,705 -35,143
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization 4,911 5,434 5,464 5,505 5,537 511 11 11 11 11 26,852 27,407
Level......................
Estimated Outlays........... 2,203 4,011 5,042 5,339 5,476 3,244 1,430 404 146 45 22,070 27,339
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that H.R.
6083 will be enacted around the end of fiscal year 2012. The
legislation would provide direct spending authority for most of
the USDA programs authorized, amended, or created by the
legislation through the 2013-2017 period. Following the
baseline projection rules of section 257 of the Balanced Budget
and Emergency Deficit Control Act, CBO estimates the 10-year
costs of the bill by assuming that most of those programs
continue to operate beyond that five-year authorization period.
The following sections describe the major budgetary effects
of each title of the bill, including changes in direct spending
for mandatory programs and changes in spending that are subject
to future appropriation for discretionary programs.
Direct spending
CBO's estimates of the changes in direct spending that
would result from enacting the legislation are presented in
Table 2. All estimates are relative to CBO's March 2012
baseline projections for spending by mandatory agriculture
programs. That baseline assumes that the agriculture programs
authorized by the most recent farm bill (Public Law 110-246)
continue to operate beyond their statutory expiration dates
through 2022. (The 2008 farm bill established authorizations
through 2012 for most such programs.)
TABLE 2. ESTIMATED EFFECTS ON DIRECT SPENDING FOR H.R. 6083, THE FEDERAL AGRICULTURE REFORM AND RISK MANAGEMENT ACT OF 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2013-2017 2013-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN OUTLAYS FROM DIRECT SPENDING
Title I--Commodity Programs:
Repeal Direct Payments.. 0 -4,958 -4,958 -4,958 -4,958 -4,958 -4,958 -4,958 -4,958 -4,958 -19,832 -44,622
Repeal Countercyclical 0 0 -101 -127 -121 -123 -130 -137 -134 -135 -349 -1,008
Payments...............
Repeal Average Crop 0 0 -863 -637 -470 -479 -452 -547 -632 -533 -1,970 -4,615
Revenue Elections
Payments...............
Farm Risk Management 0 0 3,253 3,086 3,217 3,180 2,893 2,998 2,949 2,968 9,556 24,544
Election...............
Dairy Program........... -60 -56 -46 -29 3 28 7 32 61 22 -188 -38
Supplemental Agriculture 226 211 192 192 199 197 196 198 203 208 1,020 2,022
Disaster Assistance....
Other Commodity 65 38 3 3 2 2 5 5 4 4 111 131
Provisions.............
---------------------------------------------------------------------------------------------------------------------------
Subtotal, Title I..... 231 -4,765 -2,520 2,470 -2,128 -2,153 -2,439 -2,409 -2,507 -2,424 -11,651 -23,584
Title II--Conservation:
Conservation Reserve 0 41 -399 -532 -479 -476 -446 -438 -427 -424 -1,369 -3,580
Program................
Conservation Security -10 -77 -145 -202 -269 -345 -411 -479 -545 -612 -703 -3,095
Program................
Agricultural -146 -60 173 283 216 123 86 72 63 70 466 880
Conservation Easement..
Regional Conservation -3 -7 -8 -8 -10 -10 -10 -10 -10 -10 -36 -86
Partnership............
Other Conservation...... 131 90 51 39 15 9 10 10 10 10 326 375
Repeal of Wildlife -18 -37 -47 -57 -66 -76 -85 -85 -85 -85 -225 -641
Habitat Incentives.....
---------------------------------------------------------------------------------------------------------------------------
Subtotal, Title II.... -46 -50 -375 -477 -593 -775 -856 -930 -994 -1,051 -1,541 -6,148
Title IV--Nutrition:
Updating Program -615 -1,240 -1,255 -1,255 -1,235 -1,210 -1,195 -1,180 -1,170 -1,155 -5,600 -11,510
Eligibility............
Utility Allowances...... 0 -130 -530 -540 -540 -540 -550 -550 -550 -560 -1,740 -4,490
Interaction Effects..... 0 2 10 10 10 10 10 10 10 10 32 82
Changes to Grants....... -37 -37 -28 -28 -30 -36 -38 -38 -38 -38 -160 -348
Retailer Equipment...... -7 -8 -8 -8 -8 -8 -8 -8 -8 -8 -39 -79
Expiring Provisions..... 25 25 26 26 27 27 28 28 29 29 129 270
---------------------------------------------------------------------------------------------------------------------------
Subtotal, Title IV.... -634 -1,388 -1,785 -1,795 -1,776 -1,757 -1,753 -1,738 -1,727 -1,722 -7,378 -16,075
Title VI--Rural Development:
Value-Added Marketing 0 18 15 15 2 0 0 0 0 0 50 50
Grants.................
Rural Economic 0 1 5 7 7 7 7 7 7 7 20 55
Development Loans and
Grants.................
---------------------------------------------------------------------------------------------------------------------------
Subtotal, Title VI.... 0 19 20 22 9 7 7 7 7 7 70 105
Title VII--Research,
Extension, and Related
Matters:
Organic Agriculture 8 13 16 16 16 8 3 0 0 0 69 80
Research and Extension.
Specialty Crop Research. 13 23 29 48 50 53 50 50 50 50 163 416
Beginning Farmer and 3 5 8 10 10 8 5 1 0 0 36 50
Rancher Development....
---------------------------------------------------------------------------------------------------------------------------
Subtotal, Title VII... 23 40 53 74 76 68 58 52 50 50 267 546
Title VIII--Forestry........ 0 1 1 1 1 0 0 0 0 0 4 4
Title IX--Energy............ -5 -5 8 2 0 0 0 0 0 0 0 0
Title X--Horticulture:
Farmers Market and Local 20 20 20 20 20 0 0 0 0 0 100 100
Food Promotion.........
Organic Agriculture and 3 4 1 1 1 0 0 0 0 0 10 10
Technology Upgrade.....
Specialty Crop Block 8 14 15 15 15 15 15 15 15 15 67 142
Grants.................
Plant, Pest, and Disease 5 13 16 17 22 22 22 22 22 22 73 181
Management.............
---------------------------------------------------------------------------------------------------------------------------
Subtotal, Title X..... 36 51 52 53 58 37 37 37 37 37 250 435
Title XI--Crop Insurance:
Supplemental Coverage 0 42 405 465 461 514 512 524 543 531 1,373 3,998
Option.................
Reducing Premiums for 0 -5 -45 -53 -54 -54 -55 -56 -57 -58 -157 -437
CAT....................
Enterprise Units for 0 5 50 59 60 62 65 67 68 70 174 506
Irrigated and
Nonirrigated Crops.....
Adjustment in APH Yields 0 12 116 136 138 140 143 146 147 149 402 1,127
Crop Production on 0 0 -4 -8 -11 -15 -16 -16 -16 -16 -23 -102
Native Sod.............
Beginning Farmer 0 2 16 20 21 25 27 27 27 28 59 192
Provisions.............
Stacked Income 0 0 314 400 380 492 540 577 574 574 1,094 3,851
Protection for Cotton..
Peanut Revenue Crop 0 3 26 30 30 30 30 30 30 30 89 239
Insurance..............
Participation Effects of 0 -7 -65 -77 -87 -90 -75 -79 -80 -79 -236 -639
Commodity Programs.....
Equitable Relief for 82 41 41 41 0 0 0 0 0 0 205 205
Specialty Crop
Producers..............
Coverage Level by 0 2 17 20 20 21 21 21 22 22 59 166
Practice...............
Implementation.......... 2 21 16 15 15 14 2 0 0 0 69 85
Limitation on 0 3 26 30 30 30 30 30 30 30 89 239
Expenditures for
Livestock Pilot Program
Noninsured Assistance... 0 1 10 12 12 12 12 12 12 12 36 96
---------------------------------------------------------------------------------------------------------------------------
Subtotal, Title XI.... 84 120 923 1,089 1,015 1,181 1,235 1,283 1,300 1,292 3,231 9,523
Title XII--Miscellaneous.... 5 8 10 10 10 5 2 0 0 0 43 50
Total Changes in -306 -5,968 -3,612 -3,491 -3,327 -3,387 -3,709 -3,698 -3,834 -3,810 -16,705 -35,143
Outlays from Direct
Spending.............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: CAT = Catastrophic Crop Insurance; APH = Average Producer History; components may not sum to totals because of rounding.
Title I: Commodity Programs. Title I would repeal most
current agricultural price and income support programs for crop
and dairy producers. It would authorize new revenue protection
programs for those producers, reauthorize price support loan
programs for crop producers, and reauthorize agricultural
disaster assistance programs for livestock producers. Under the
bill, we estimate that federal spending on commodity programs
would total $39.4 billion over the 2013-2022 period--or $23.6
billion less than expected if current law were continued.
End Current Commodity Programs. Title I would end:
Direct payments made to producers based on
historical acres and yields using fixed payment rates
not affected by market prices;
Countercyclical payments made to producers
based on historical acres and yields using payment
rates partly determined by market prices; and
Average Crop Revenue Election payments made
to producers based on any shortfall in actual revenue
received by the producer compared to the expected
revenue.
Each of those programs will expire at the end of 2012 but
are assumed to continue in the CBO baseline. Ending those three
programs would reduce spending on commodity programs, compared
to the CBO baseline, by $50.2 billion over the 2013-2022
period.
Farm Risk Management Election. The commodity programs ended
under the bill would be replaced by a new Farm Risk Management
Election (FRME) program. Under FRME, producers would make a
one-time choice to receive either price loss coverage (PLC) for
their farm or revenue loss coverage (RLC) for their county.
Each option would be available for all major crops other than
upland cotton. Under PLC, producers would receive a payment
from the federal government whenever the national average
market price for each crop was less than an effective price
specified in the legislation. This price difference would be
paid on a fixed yield (which the producer would have one
opportunity to update) and a portion of planted acres for each
crop. Producers who choose RLC would receive a payment to
partially compensate them for any difference between the actual
revenue from selling their crops in their county and the
revenue the government expects the producers to receive in that
county using a calculation specified in the bill.
CBO estimates that spending for the new FRME program would
total $24.5 billion over the 2013-2022 period, of which $16.0
billion would be for PLC and $8.5 billion for RLC. CBO
estimates that, in total, FRME payments would average about
$3.1 billion per year; however, actual payments from year to
year would probably vary considerably from that expected
average payment.
Dairy Program. Subtitle D would replace current government
support programs for dairy producers--Dairy Product Price
Support, Milk Income Loss Contract Payments, and Dairy Export
Incentives Program--with a new Dairy Production Margin
Protection Program (DPMPP) and a Dairy Market Stabilization
Program (DMSP). CBO estimates that the new dairy provisions
would cost $353 million over the 2013-2022 period. However,
that cost would be more than offset by repealing the current
dairy programs. CBO estimates that enacting the dairy
provisions in this subtitle would result in a net savings of
$38 million over the 2013-2022 period. CBO expects that actual
payments from the new dairy program would vary considerably
from the average annual payments presented in this estimate.
Supplemental Agriculture Disaster Assistance. The bill
would reauthorize four disaster assistance programs for
livestock and tree-crop producers. Those programs include the
Livestock Indemnity Program; Livestock Forage Program;
Emergency Assistance for Livestock; and Honey Bees, Farm-raised
Fish, and Tree Assistance. Those programs expired September 30,
2011, and are not assumed to continue in the baseline. CBO
estimates that continuing those programs would cost almost $2.0
billion for the 2013-2022 period.
Other Commodity Provisions. The bill also would reauthorize
commodity loan programs, establish new limits for FRME and
livestock disaster payments, and provide $100 million to USDA
for administrative costs to implement the new programs. CBO
estimates that those provisions would have a net cost of $131
million over the 2013-2022 period.
Title II: Conservation. Title II would amend USDA's land
conservation programs that are authorized to expend funds from
the Commodity Credit Corporation (CCC). Under the bill, CBO
estimates that spending on land conservation programs would
total $57.9 billion over the 2013-2022 period--or about $6.1
billion less than expected under a continuation of current law.
Significant changes to USDA's conservation programs include:
Reducing the maximum acreage eligible for the
Conservation Reserve Program each year from 32 million acres to
25 million acres by 2017. CBO estimates that this provision
would reduce future spending by $3.6 billion over the 2013-2022
period.
Reducing maximum annual enrollment in the
Conservation Stewardship Program from 12.769 million acres to
9.000 million acres. CBO estimates that provision would reduce
direct spending by $3.1 billion over the 2013-2022 period.
Establishing a new Agricultural Conservation
Easement Program to replace the Wetlands Reserve Program,
Grasslands Reserve Program, Farmland Protection Program, and
Farm Viability Program. CBO estimates that the new program
would cost $880 million more than the amounts assumed in the
CBO baseline for those existing programs over the 2013-2022
period.
Establishing a new Regional Conservation
Partnership Program that would combine the Agricultural Water
Enhancement Program, the Chesapeake Bay Watershed Program, the
Cooperative Conservation Partnership Initiative, and the Great
Lakes Basin Program. CBO estimates that the new program would
cost $86 million less than continuing the existing programs
over the 2013-2022 period.
Continuing funding for several other conservation
programs, such as the Voluntary Public Access and Habitat
Incentives Program and the Small Watershed Rehabilitation
Program. CBO estimates that those provisions would cost $375
million more than the amounts in CBO's baseline for the 2013-
2022 period.
Repealing the Wildlife Habitat Incentives Program.
CBO estimates that ending this program would reduce spending by
$641 million relative to continuing to operate it over the
2013-2022 period.
Title III: Trade. The bill would amend the trade promotion
and food assistance programs administered by USDA and the U.S.
Agency for International Development (USAID). It would extend
the authorized funding levels through 2017 for the:
Export Credit Guarantee Program,
Market Access Program,
Foreign Market Development Program,
Food for Progress Program, and
Several technical assistance programs for
specialty crops and emerging markets.
Because CBO's baseline assumes that those trade programs
continue to operate beyond their scheduled expiration dates, we
estimate that the provisions in title III would not change the
cost of those programs, which we estimate will total $3.4
billion over the 2013-2022 period.
Title IV: Nutrition. The legislation would extend spending
authority for the Supplemental Nutrition Assistance Program
(SNAP) and other nutrition assistance programs and change how
those programs operate. In total, CBO estimates that enacting
the provisions in title IV would cost $756 billion--$16.1
billion less than expected under the baseline for the 2013-2022
period.
Updating Program Eligibility. Individuals in households in
which all members receive cash assistance from the Temporary
Assistance to Needy Families Program (TANF), Supplemental
Security Income, or similar state cash assistance programs are
considered automatically eligible for SNAP and are not subject
to the program's income and asset requirements. States
currently have the option to extend such categorical
eligibility to households that receive or are eligible to
receive noncash services through TANF.
The legislation would restrict categorical eligibility to
households receiving cash assistance. Based on data from the
Department of Agriculture, CBO estimates that about 1.8 million
people per year, on average, would lose benefits if they were
subject to SNAP's income and asset tests. In addition, about
280,000 school-age children in those households would no longer
be automatically eligible for free school meals through their
receipt of SNAP benefits. CBO estimates that this provision
would lower direct spending by $11.5 billion over the 2013-2022
period.
Utility Allowances. Under current law, households qualify
for a Heating and Cooling Standard Utility Allowance (HCSUA) if
they provide proof that they pay heating or cooling expenses or
receive any assistance through the Low-Income Home Energy
Assistance Program (LIHEAP). The bill would eliminate the
automatic qualification for those allowances for households who
receive less than $10 each year in energy assistance, beginning
in fiscal year 2014. (States would have the option to delay
implementation for six months for current recipients.) The
value of the HCSUA is used, along with other factors, to
determine the amount of housing expenses that households can
deduct from their income.
Some states send nominal LIHEAP benefits (typically between
$1 and $5, and typically only once per year) to SNAP
participants to automatically qualify them for the utility
allowance. Based on discussions with states, CBO assumes that
some states would continue to send LIHEAP benefits that meet
the $10 minimum qualification to some SNAP participants, but
others would discontinue that practice. CBO estimates that
under this provision, nearly 500,000 households each year would
have their SNAP benefits reduced by an average of $90 per
month. In total, CBO estimates that enacting this provision
would reduce direct spending by about $4.5 billion over the
2013-2022 period.
Interaction Effects. Restricting categorical eligibility
would reduce the total number of households receiving SNAP
benefits; changes to standard utility allowances would reduce
the benefit amounts that households receive. Therefore, the
estimated savings from each provision would be reduced if they
were enacted simultaneously. Accounting for the interactions
between those provisions, CBO estimates that the total savings
would decline by $82 million over the 2013-2022 period.
Changes to Grant Programs. Enacting the legislation would
reduce net spending for nutrition-related grant programs by
$348 million over the 2013-2022 period. Specifically, the bill
would:
Eliminate $48 million in annual funding for
awards to states with high or improved performance in
administering SNAP, for total savings of $480 million
over the 2013-2022 period;
Eliminate $5 million in annual funding for
projects to simplify application systems for SNAP and
improve access to the program, for total savings of $50
million over the 2013-2022 period;
Provide $5 million per year for USDA to
pursue activities to prevent trafficking of SNAP
benefits, with a total cost of $50 million over the 10-
year period;
Provide an additional $10 million each year
for community food projects for a total cost of $100
million over the 2013-2022 period--in addition to $5
million per year provided by USDA under current law;
and
Provide a total of $32.5 million for USDA to
conduct a study and pilot program in the Commonwealth
of the Northern Mariana Islands.
Retailer Equipment. All SNAP recipients use an electronic
benefit transfer (EBT) card to pay for food. Under current law,
retail food stores may request a point-of-sale terminal that
accepts EBT cards. (Most larger grocery stores use their
existing debit/credit card machines and program them to also
accept EBT cards.) The cost of leasing this equipment from the
state's EBT contractor is split between states and the federal
government. The bill would require all retailers to assume the
full cost of the equipment. Based on data from the USDA Food
and Nutrition Service, CBO estimates that eliminating the
federal share of those costs would reduce direct spending by
$79 million over the 2013-2022 period.
Expiring Provisions. The bill would reauthorize SNAP, which
includes funding of The Emergency Food Assistance Program
(TEFAP) and the Senior Farmers Market Nutrition Program (which
the bill would rename the Farmers Market Nutrition Program),
through 2017. Pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, those extensions are assumed in
CBO's current baseline projections and have no cost relative to
that baseline. Under the assumptions underlying CBO's March
2012 baseline projections, we estimate that extending SNAP for
the 2013-2017 period would result in outlays of almost $370
billion over that period (including $1.4 billion for TEFAP) and
that extending the Farmers Market Nutrition Program would
result in outlays of $103 million.
In addition to reauthorizing those programs, the bill would
increase funding for commodity purchases made through TEFAP.
The commodities are distributed by states to local
organizations, including food banks and shelters. That
provision would increase direct spending for the program above
baseline levels by $270 million over the 2013-2022 period.
Other provisions in title IV would reduce costs in SNAP by
less than $500,000 over the 2013-2022 period:
The bill would make households automatically
ineligible for SNAP if a member of that household receives
substantial lottery or gambling winnings.
The bill would allow the Secretary of Agriculture
to impose new restrictions on states that carry out programs to
allow certain SNAP recipients to purchase meals at restaurants.
The bill would require states to use the
Systematic Alien Verification for Entitlements (SAVE) program
to verify the immigration status of non-citizen applicants.
Title VI: Rural Development. Title VI would provide $50
million in mandatory funding for grants to producers of value-
added agricultural products for marketing and for developing a
business plan. The title also would authorize funding derived
from the Cushion of Credit payments program to be used to
provide grants and loans to rural cooperatives and other
borrowers that relend such funds to consumers for energy-
efficiency projects. CBO estimates that spending for both
programs would total $105 million over the 2013-2022 period.
Title VII: Research, Extension, and Related Matters. Under
the bill, CBO estimates that spending on agriculture research,
extension activities, and related efforts would total $760
million--an increase of $546 million above estimated expenses
under the baseline over the 2013-2022 period. Programs
authorized by this title include:
Organic Agriculture Research and Extension
Initiative,
Specialty Crop Research Initiative; and
Beginning Farmer and Rancher Development Program.
Title VIII: Forestry. Title VIII would authorize the Forest
Service through 2017 to enter into special contracts known as
stewardship contracts. Under such contracts, the Forest Service
and the Department of the Interior use timber resources owned
by the government in lieu of cash to compensate firms that
provide certain services related to forest management. Under
current law, authority to enter into stewardship contracts will
expire in 2013. Because CBO expects that some of the timber
that would be used as compensation under stewardship contracts
would be sold under current law, we estimate that enacting this
provision would reduce net offsetting receipts (a credit
against direct spending) by $1 million a year over the 2014-
2017 period. Thus, enacting this provision would increase
direct spending $4 million over the next 10 years.
Title IX: Energy. CBO estimates that spending on the energy
programs covered in the legislation would total $750 million
over the 2013-2022 period--the same spending level assumed in
the baseline. Rural energy programs that had received mandatory
funding in the previous farm bill would now be made subject to
appropriation.
Title X: Horticulture. Under the bill, CBO estimates that
spending for horticulture programs would total $1.5 billion
over the 2013-2022 period--$435 million more than the expected
cost of continuing those programs under current law. Programs
authorized by the bill include:
Farmers Market and Local Food Promotion Program,
Specialty Crop Block Grants,
Plant Pest and Disease Management, and
A variety of other smaller programs.
Title XI: Crop Insurance. Under the bill, CBO estimates
that spending on federal crop insurance programs would total
$99.0 billion over the 2013-2022 period--about $9.5 billion
more than we expect would be spent if those programs were
continued under current law.
Supplemental Coverage Option. Beginning with the 2014
crops, the Supplemental Coverage Option (SCO) authorized in
section 11003 would allow farmers to combine farm-level crop
insurance coverage with crop insurance based on county-level
coverage. This option would be subject to a deductible of 10
percent of expected revenue for farmers participating in the
Price Loss Coverage program. USDA would pay 70 percent of the
premium for the SCO policy. CBO estimates that implementing the
supplemental coverage provisions would cost $4 billion over the
2013-2022 period.
Reducing Premiums for CAT. Section 11004 would require USDA
to reduce the premium for crop insurance protection against
catastrophic losses (known as CAT coverage). This change in
premiums would reduce government costs because the amounts paid
by USDA to private insurance companies for delivering crop
insurance are based on that premium. CBO estimates that
reducing the premium for CAT coverage would save $437 million
over the 2013-2022 period.
Enterprise Units for Irrigated and Nonirrigated Crops.
Farmers who choose to buy crop insurance for a particular crop
must buy insurance on all of the acres of that crop that they
grow in the county. However, farmers may divide their cropland
into separate units so that if one unit has a loss and the
others do not, the loss is paid on the unit with a loss
regardless of the production from other units. (Dividing
cropland into separate units increases the likelihood of being
paid for a loss but also increases the premium the farmer pays
for the insurance.) Section 11007 would allow farmers to
separate irrigated and nonirrigated farmland into different
units without an increase in their premiums. CBO estimates that
this change would cost $506 million over the 2013-2022 period.
Adjustments in APH Yields. Crop insurance benefits are
generally based on a farmer's actual production history (APH).
Under the program rules, however, the actual yields for any
years with unusually low yields can be replaced with a ``yield
plug'' equal to 60 percent of the average crop yield in the
county where the insurance is purchased. Section 11009 would
increase the ``yield plug'' from 60 percent to 70 percent for
all years with unusually low yields. CBO estimates that change
would cost $1.1 billion over the 2013-2022 period.
Crop Production on Native Sod. Section 11013 would limit
commodity program payments and benefits under the crop
insurance and the Noninsured Assistance Program to farmers in
the Prairie Pothole Region who convert native sod (rangeland
that has never been cultivated) to cropland. CBO estimates that
change would save $102 million over the 2013-2022 period.
Beginning Farmer Provisions. Section 11015 would reduce
fees, raise premium subsidies, and allow for adjustments in the
actual production histories of beginning farmers, which would
increase insurance guarantees and government costs. CBO
estimates that change would cost $192 million over the 2013-
2022 period.
Stacked Income Protection for Cotton. Section 11016 would
establish a new Stacked Income Protection Plan (STAX). Based on
information from USDA, CBO expects that STAX could not be
offered before the 2014 crop of upland cotton has been
produced. Under STAX, upland cotton producers would be eligible
to purchase a crop insurance policy for revenue losses of
between 10 percent and 30 percent of the expected revenue from
cotton crops in the county, with a minimum guaranteed price of
$0.6861 per pound. USDA would pay 80 percent of the premium of
the STAX policy. CBO estimates that STAX would cost $3.9
billion over the 2013-2022 period.
Peanut Revenue Crop Insurance. Section 11017 would
establish a revenue crop insurance program for peanuts. CBO
estimates that this program would cost $239 million over the
2013-2022 period.
Participation Effects of Commodity Programs. Because title
I would eliminate direct payments and allow farmers to choose
between countercyclical payments and a new revenue protection
program, CBO expects that producers choosing the revenue
program would reduce their participation in the crop insurance
program. CBO estimates that reduction in crop insurance
participation would save about $0.6 billion over the 2013-2022
period.
Other Crop Insurance Provisions. Other provisions in title
XI would provide for additional delivery expense reimbursements
on specialty crop policies (section 11011), allow for different
coverage levels on a farm for irrigated and nonirrigated
practices (section 11014), provide funding for implementation
(section 11019), increase annual expenditures for livestock
pilot programs (section 11023), and increase coverage options
under the Noninsured Assistance Program (section 11024). In
total, CBO estimates that those provisions would increase
outlays by $790 million over the 2013-2022 period.
Title XII: Miscellaneous. Title XII would reauthorize CCC
spending for outreach and assistance for socially disadvantaged
and veteran farmers and ranchers, at a cost of $50 million over
the 2013-2022 period.
Spending subject to appropriation
CBO estimates that implementing the provisions of the
Agriculture Reform, Food, and Jobs Act of 2012 that authorize
appropriations would cost $22.1 billion over the 2013-2017
period, assuming appropriation of the necessary funds. Those
discretionary costs are displayed in Table 3 and described in
further detail below.
Title I: Commodity Programs. Section 1605 would reauthorize
the Geographically Disadvantaged Farmers and Ranchers Program
to reimburse such producers for certain transportation costs.
Based on amounts provided in recent years, CBO estimates that
implementing this provision would cost $24 million over the
next five years.
Title II: Conservation. CBO estimates that implementing the
discretionary programs authorized by title II would cost $680
million over the 2013-2017 period. That amount includes $291
million for conservation of private grazing land, $292 million
for rehabilitating small watersheds, and $97 million for
protecting grassroots source water.
TABLE 3. ESTIMATED EFFECTS ON DISCRETIONARY SPENDING FROM IMPLEMENTING THE FEDERAL AGRICULTURE REFORM AND RISK
MANAGEMENT ACT OF 2012
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------
2013 2014 2015 2016 2017 2013-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Title I--Commodity Programs:
Estimated Authorization Level...................... 5 5 5 5 5 25
Estimated Outlays.................................. 4 5 5 5 5 24
Title II--Conservation:
Estimated Authorization Level...................... 165 165 165 165 825
Estimated Outlays.................................. 81 123 149 162 165 680
Title III--Trade:
Estimated Authorization Level...................... 1,697 2,199 2,202 2,205 2,209 10,511
Estimated Outlays.................................. 642 1,572 1,992 2,122 2,175 8,503
Title IV--Nutrition:
Estimated Authorization Level...................... 198 196 198 202 204 998
Estimated Outlays.................................. 182 196 198 201 204 981
Title V--Credit:
Estimated Authorization Level...................... 91 91 91 99 99 471
Estimated Outlays.................................. 84 91 91 98 99 463
Title VI--Rural Development:
Estimated Authorization Level...................... 319 319 319 319 319 1,596
Estimated Outlays.................................. 30 130 212 281 309 963
Title VII--Research, Extension, and Related Matters:
Estimated Authorization Level...................... 1,979 2,004 2,029 2,055 2,082 10,149
Estimated Outlays.................................. 1,010 1,596 2,012 2,037 2,063 8,719
Title VIII--Forestry:
Authorization Level................................ 77 77 77 77 77 386
Estimated Outlays.................................. 35 54 66 73 77 305
Title IX--Energy:
Authorization Level................................ 271 271 271 271 271 1,355
Estimated Outlays.................................. 71 150 210 252 271 953
Title X--Horticulture:
Estimated Authorization Level...................... 36 36 36 36 180
Estimated Outlays.................................. 25 33 36 36 36 166
Title XI--Crop Insurance:
Estimated Authorization Level...................... 1 0 0 0 0 1
Estimated Outlays.................................. 1 0 0 0 0 1
Title XII--Miscellaneous:
Estimated Authorization Level...................... 72 71 71 71 71 356
Estimated Outlays.................................. 39 60 71 71 71 312
Total Changes:
Estimated Authorization Level................ 4,911 5,434 5,464 5,505 5,537 26,852
Estimated Outlays............................ 2,203 4,011 5,042 5,339 5,476 22,070
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
Title III: Trade. CBO estimates that implementing title III
would cost $8.5 billion over the 2013-2017 period, assuming
appropriation of the necessary amounts. Major components of
that total are described below.
Public Law 480. The Agricultural Trade Development and
Assistance Act of 1954, typically referred to as Public Law
480, established a variety of programs to provide food
assistance to countries around the world. Section 3011 of the
bill would extend the expiring authorities for title II of
Public Law 480 (emergency and nonemergency food assistance
programs) from December 31, 2012, to December 31, 2017. Section
3012 would authorize the appropriation of $2 billion each year
for those programs over the 2013-2017 period. Funding for title
II programs, as set in annual appropriation acts, has remained
around $1.5 billion in recent years. While section 3010 also
would extend the authority for title I (Trade and Economic
Development Assistance) and title III (Food for Development) of
Public Law 480, those programs have received no new funding in
recent years. CBO estimates that implementing section 3011
would cost $7.5 billion over the 2013-2017 period.
McGovern-Dole International Food for Education and Child
Nutrition Program. Under current law, the authorization of
appropriations for the McGovern-Dole program expires at the end
of 2012.The bill would reauthorize the appropriation of funds
for this program through 2017. Funding for this program is used
to purchase commodities and donate them overseas in support of
infant and school feeding programs. In 2012, funding for this
program was $184 million. Assuming that funding continues at
that level and adjusting for anticipated inflation, CBO
estimates that implementing this provision would cost $932
million over the 2013-2017 period.
Global Crop Diversity Trust. Section 3206 would reauthorize
funding to help promote the conservation of food crops. This
provision would authorize the appropriation of $50 million over
the 2013-2017 period, and CBO estimates that implementing it
would cost $50 million over that period.
Title IV: Nutrition. CBO estimates that implementing the
discretionary provisions of title IV would cost about $1
billion over the 2013-2017 period, assuming appropriation of
the necessary amounts.
Commodity Supplemental Food Program. The bill would
reauthorize through 2017 and modify the Commodity Supplemental
Food Program (CSFP). The program currently provides food
packages to low-income elderly people, pregnant and postpartum
women, and young children. Under the bill, only low-income
people aged 60 or older could receive benefits. CBO estimates
that this change would reduce costs in the program by about 3
percent per year. The CSFP received an appropriation of $177
million in fiscal year 2012. CBO estimates that implementing
this provision would cost $881 million over the 2013-2017
period, assuming the appropriation of the necessary amounts.
Farmers Market Nutrition Program. The bill would authorize
the appropriation of funds for the Farmers Market Nutrition
Program. Based on historical spending on similar activities,
CBO estimates that implementing this provision would cost $100
million over the 2013-2017 period, assuming the appropriation
of the necessary amounts. This authority would be in addition
to the $103 million in mandatory funds provided over that
period for the same purpose.
Title V: Credit. CBO estimates that implementing title V
would cost $463 million over the 2013-2017 period, assuming
appropriation of the necessary amounts. Components of that
total are described below.
Authorization of Appropriations and Allocation of Funds.
Section 5301 would amend and extend the farm credit programs
administered by USDA. CBO estimates that implementing the
authorized loan levels, based on subsidy rates in 2011, would
cost $418 million over the 2013-2017 period. Section 5301 also
would reauthorize the conservation loan program and grants to
farmers with individual development savings accounts. CBO
estimates that implementing the conservation loan program and
the individual development accounts would cost $30 million over
the next five years.
State Agricultural Mediation Programs. Section 5002 would
extend the authorization for appropriations to State
Agricultural Mediation Programs for two years, from 2015 to
2017, and would cost $15 million over that period.
Title VI: Rural Development. Title VI would reauthorize a
number of rural development programs, including grants and
other financial assistance for infrastructure improvement,
business investment, and regional development. This title also
would reauthorize and modify USDA's authority to guarantee
loans under the Rural Electrification Act. CBO estimates that
spending for those programs would total $963 million over the
2013-2017 period, assuming appropriation of amounts specified
and estimated to be necessary. This estimate reflects
historical expenditure patterns for similar rural development
activities of USDA.
Title VII: Research, Extension, and Related Matters. Title
VII would authorize appropriations for many agricultural
research and education programs and initiatives. CBO estimates
that implementing this title would cost $8.7 billion over the
2013-2017 period, assuming appropriation of the necessary
amounts. About $3.4 billion of that amount is specifically
authorized by the legislation. Estimated funding for the other
programs is based on information from USDA and on funding
levels provided for the same or similar programs or initiatives
in recent years.
Estimated spending over the 2013-2017 period for research
programs includes:
$6.3 billion for basic research and
extension services and for applied research in areas
such as animal health, alternative crops, nutrition
education, aquaculture, and rangeland;
$0.2 billion to upgrade agriculture and food
sciences facilities at traditionally black, Native
American, and Hispanic-serving facilities;
$1.2 billion for high-priority research and
extension initiatives, such as biological applications,
organic farming, specialty crops, and food protection;
$0.4 billion for endowments, grants, and
research at Native American land-grant institutions,
and for beginning farmer and rancher development; and
$0.6 billion for biosecurity planning,
preparation, response, development of countermeasures,
national products research, and for research in biomass
and bioenergy.
Title VIII: Forestry. Title VIII would authorize the
appropriation of $223 million over the 2013-2017 period for
programs established by the Cooperative Forestry Assistance Act
of 1978. Those programs protect environmentally sensitive
forest lands, provide technical assistance to private forest
owners, and award grants to local governments to establish
community forests. Title VIII also would authorize the
appropriation of $82 million over that period for other
forestry programs. In total, CBO estimates that implementing
title VIII would cost about $305 billion over the 2013-2017
period, assuming appropriation of the necessary amounts.
Title IX: Energy. Title IX would authorize appropriations
of $1.4 billion over the next five years for the energy
programs covered in the legislation. The bill would authorize:
$375 million for grants and loan guarantees
to individuals, state and local governments,
cooperatives, and other entities to fund the
development, construction, and retrofitting of
demonstration- and commercial-scale biorefineries;
$225 million for grants and loan guarantees
to state and local governments, rural electric
cooperatives, and other entities to perform energy
audits, purchase renewable energy systems, and improve
energy efficiency;
$250 million for the Secretaries of
Agriculture and Energy to coordinate policies and
procedures that promote research and development
regarding the production of biofuels and biobased
products;
$375 million for extending the Biomass Crop
Assistance Program to encourage producers to grow
biomass crops and to cover a portion of the cost to
transport biomass products to facilities that would
convert those products into energy; and
$130 million for various other energy
programs.
Assuming appropriations of the specified amounts, CBO
estimates that implementing title IX would cost $953 million
over the next five years.
Title X: Horticulture. Assuming appropriation of the
authorized amounts, CBO estimates that implementing title X
would cost $166 million over the 2013-2017 period to support
and encourage farmers' markets and local food promotion
programs, modernization and technology upgrades for the
National Organic Program, specialty crop market news, and
organic production and market data initiatives.
Title XI: Crop Insurance. Title XI would require USDA to
conduct studies on the feasibility of food safety insurance, a
poultry catastrophic disease program, and poultry business
interruption insurance policies. CBO estimates those studies
would cost $1 million.
Title XII: Miscellaneous. CBO estimates that implementing
title XII would cost $312 million over the 2013-2017 period,
assuming appropriation of the necessary amounts, for a variety
of programs, including:
$95 million for outreach and assistance for
socially disadvantaged and veteran farmers and
ranchers,
$70 million for national sheep industry
improvement center, trichinae certification, and
aquatic animal health,
$86 million to development and promotion of
maple syrup, and
$61 million for safety and training of the
agricultural labor force and for establishing an office
of tribal relations and a military veterans
agricultural liaison office in USDA.
Pay-As-You-Go-Considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting on-budget direct spending
or revenues. The net changes in outlays that are subject to
those pay-as-you-go procedures are show in the following table.
TABLE 4. CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 6083, THE FEDERAL AGRICULTURE REFORM AND RISK MANAGEMENT ACT OF 2012, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON
AGRICULTURE ON JULY 11, 2012
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2012-2017 2012-2022
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............................... 0 -306 -5,968 -3,612 -3,491 -3,327 -3,387 -3,709 -3,698 -3,834 -3,810 -16,705 -35,143
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: The bill would
impose intergovernmental and private-sector mandates as defined
in UMRA. CBO estimates that the aggregate costs of mandates on
state, local, and tribal governments would fall below the
annual threshold established in UMRA for intergovernmental
mandates ($73 million in 2012, adjusted annually for
inflation). Because the cost of some of the mandates on the
private sector would depend on future regulations, CBO cannot
determine whether the aggregate cost of those mandates would
exceed the annual threshold established in UMRA for private-
sector mandates ($146 million in 2012, adjusted annually for
inflation).
Mandates that apply to public and private entities
The bill would impose an intergovernmental and private-
sector mandate by extending maintenance fees for the use of
pesticides through 2017. The bill also would increase the
amount of maintenance fees collected annually to about $28
million from the current $22 million collected. According to
information from the Environmental Protection Agency, public
entities usually receive waivers from maintenance fees for
minor use or public health uses. Thus, fees paid by public
entities are minimal and make up a very small portion of the
total fees collected. The majority of the amount collected
would be paid by private entities.
Mandates that apply to public entities only
The bill would preempt state laws that regulate the
production and manufacture of agricultural products offered for
sale in interstate commerce if those laws impose standards or
conditions that are in addition to the standards and conditions
imposed by federal law or the laws of the producing or
manufacturing state. Many states have laws regulating the
production and manufacture of agricultural products that are
different than the laws of other states. By limiting a state's
ability to regulate agricultural products sold under its
jurisdiction, the bill would preempt state authority. However,
because state and local governments would not be required to
take any action resulting in additional spending or lost
revenue, CBO estimates that the cost of the preemption would be
insignificant.
Mandates that apply to private entities only
Requirements on Dairy Handlers. The bill would impose
mandates on dairy handlers that purchase milk from dairy
producers participating in the Dairy Market Stabilization
Program (DMSP). Under the DMSP, when producer margins fall
below a designated amount, handlers would be required to report
information to USDA, reduce payments for milk to participating
dairy producers, and pay to USDA the amount by which the
payment was reduced. Thus, the bill would impose new
requirements on dairy handlers who are not voluntary
participants in DMSP. According to information from industry
sources, the cost for handlers to collect and report
information under the DMSP could amount to hundreds of millions
of dollars annually, depending on regulations to be issued by
USDA.
Standards for Imports of Olive Oil. The bill would require
imports of olive oil to meet the same standards as olive oil
produced in the United States if a marketing order for olive
oil is established. A marketing order for olive oil has been
proposed, but the process of approving the order is in its
early stages. CBO has no basis for determining what the final
standards of a marketing order would be, if approved; and thus
the cost to importers is uncertain.
Pesticide Fees and Reporting Requirements. The bill would
impose a private-sector mandate by extending registration
service fees for the use of pesticides for five years.
Pesticide registration service fees amount to about $15 million
annually. The bill also would impose a private-sector mandate
if manufacturers of pesticides currently exempt from
registration requirements would be required to submit efficacy
data to support some statements on product labels. Based on
information from the Environmental Protection Agency and
industry experts, CBO expects that the cost of the mandate
could amount to tens of millions of dollars.
PREVIOUS CBO ESTIMATES
Draft House Legislation
On July 5, 2012, CBO transmitted a cost estimate for draft
legislation that was posted on the Web site of the House
Committee on Agriculture prior to markup. The current estimate
is based on H.R. 6083, as ordered reported by the committee on
July 11, 2012. The amendments adopted during markup affected
estimates of discretionary spending.
S. 3240
On July 6, 2012, CBO transmitted a cost estimate for S.
3240, the Agriculture Reform, Food, and Jobs Act of 2012, as
passed by the Senate on June 21, 2012. CBO estimated that
enacting S. 3240 would bring total direct spending for USDA
programs to $970.0 billion over the 2013-2022 period, or $23.1
billion less than CBO projected would be spent if current
programs continued as under current law. H.R. 6083, the Federal
Agriculture Reform and Risk Management Act of 2012, as ordered
reported by the House Committee on Agriculture on July 11,
2012, would result in total direct spending for USDA programs
of $957.7 billion over the 2013-2022 period, or $35.1 billion
less than the CBO baseline projections for those programs.
Thus, H.R. 6083 would result in total direct spending for USDA
programs over the 2013-2022 period that is $12.0 billion less
than S. 3240.
Differences between S. 3240 and H.R. 6083 are shown in
Table 5. The combined change in spending from provisions
affecting commodities and crop insurance is similar between the
two bills--$14.1 billion less in the H.R. 6083 and $14.4
billion less in S. 3240, compared with continuation of current
programs in the CBO baseline. However, H.R. 6083 would result
in lower spending on commodities and more spending on crop
insurance, compared with S. 3240.
Title I. The total change in commodity payments between the
House and Senate bills is shown in Table 6. Estimated commodity
payments under the House bill would be around $4.0 billion less
than under the Senate bill, with the House bill resulting in
relatively smaller reductions in payments for wheat, rice, and
peanuts, and relatively higher reductions in payments for feed
grains and oilseeds, compared with the estimates for the Senate
bill. The county-based revenue options in the two bills are
similar, but payments under the price-loss coverage option in
the House bill are expected to be lower than the farm-level
revenue option in the Senate's legislation. In addition, the
timing of payments in the House bill would be delayed until
after October 1, so that there would be one less payment in the
2013-2022 period.
Title IV. CBO estimated that the nutrition provisions in
title IV of S. 3240 would reduce direct spending by $4.0
billion over the 2013-2022 period, about $12.1 billion less
than the reductions in title IV of H.R. 6083. While S. 3240
included the same change to utility allowances as H.R. 6083,
H.R. 6083 contains additional cuts to SNAP, including
provisions to restrict categorical eligibility and repeal state
performance awards, among other changes.
Title XI. Changes in crop insurance provisions in H.R. 6083
are estimated to increase spending by $9.5 billion over the
2013-2022 period, compared with the estimated increase in
spending of $5.0 billion for the crop-insurance provisions
included in S. 3240. The higher estimated spending for the
House bill reflects higher participation in the Supplemental
Coverage Option, lower savings from commodity program effects
on crop-insurance participation, and higher spending for the
Stacked Income Protection program for cotton producers.
Discretionary Costs. S. 3240 would authorize spending
subject to appropriation of $29.0 billion over the 2013-2022
period, CBO estimates, while the authorization level in H.R.
6083 would total an estimated $22.1 billion--$6.9 billion less
than in S. 3240.
Agriculture Reconciliation Act of 2012
On April 23, 2012, CBO transmitted a cost estimate for the
Agriculture Reconciliation Act of 2012, as approved by the
House Committee on Agriculture on April 18, 2012. CBO estimated
that enacting that legislation would reduce direct spending in
nutrition programs by $33.7 billion over the 2013-2022 period,
$17.6 billion more than would result if provisions in title IV
of H.R. 6083 were enacted. Differences in the estimates reflect
differences in the legislation.
The Agriculture Reconciliation Act included a change to
SNAP utility allowances that CBO estimates would reduce
benefits for more participants than a similar provision in H.R.
6083. The Agriculture Reconciliation Act would require all
households to show proof that they pay heating or cooling costs
to claim the utility allowance. Under H.R. 6083, SNAP
households who receive energy assistance payments below $10
annually would no longer qualify automatically for a utility
allowance and would have to show proof that they pay heating or
cooling costs in order to claim the allowance; households who
receive more than $10 annually in energy assistance would still
qualify automatically for a utility allowance. The Agriculture
Reconciliation Act also contained further cuts to SNAP that are
not included in H.R. 6083, including provisions that would
accelerate the sunset date of a benefit increase stemming from
the American Recovery and Reinvestment Act and reduce funding
for employment and training programs and nutrition education,
among other changes.
TABLE 5. COMPARISON BY TITLE OF THE TOTAL CHANGE IN DIRECT SPENDING FOR
H.R. 6083 AS ORDERED REPORTED ON JULY 11, 2012, AND S. 3240 AS PASSED ON
JUNE 21, 2012
------------------------------------------------------------------------
Totals for fiscal years 2013-2022,
in millions of dollars--
Description -------------------------------------
H.R. 6083b
S. 3240a Differencec
------------------------------------------------------------------------
Title I--Commodities:
Change in Budget Authority.... -19,188 -23,370 -4,182
Change in Outlays............. -19,428 -23,584 -4,156
Title II--Conservation:
Change in Budget Authority.... -6,934 -6,446 448
Change in Outlays............. -6,376 -6,148 228
Title IV--Nutrition:
Change in Budget Authority.... -3,940 -16,085 -12,135
Change in Outlays............. -4,000 -16,075 -12,075
Title VII--Research, Extension,
and Related Matters:
Change in Budget Authority.... 715 580 -135
Change in Outlays............. 681 546 -135
Title IX--Energy:
Change in Budget Authority.... 801 0 -801
Change in Outlays............. 780 0 -780
Title XI--Crop Insurance:
Change in Budget Authority.... 5,901 10,999 5,098
Change in Outlays............. 5,036 9,523 4,487
Title XII--Miscellaneous:
Change in Budget Authority.... -374 50 424
Change in Outlays............. -319 50 369
Other Titles:d
Change in Budget Authority.... 514 538 24
Change in Outlays............. 482 542 59
-------------------------------------
Total Changes:
Change in Budget Authority.... -22,504 -33,751 -11,247
Change in Outlays............. -23,143 -35,143 -12,000
------------------------------------------------------------------------
aAgriculture Reform, Food, and Jobs Act of 2012, as passed by the Senate
on June 21, 2012.
bFederal Agriculture Reform and Risk Management Act of 2012, as ordered
reported by the House Committee on Agriculture on July 11, 2012.
cDifference = House estimate less Senate estimate.
dOther titles (with differences) include: Title III--Trade (0); Title V--
Credit (0); Title VI--Rural Development (-10); Title VIII--Forestry (-
5); and Title X--Horticulture (77).
TABLE 6. COMPARISON BY CROP OF THE TOTAL CHANGE IN COMMODITY PAYMENTS
BETWEEN H.R. 6083 AS ORDERED REPORTED ON JULY 11, 2012, AND S. 3240 AS
PASSED ON JUNE 21, 2012
------------------------------------------------------------------------
Totals for fiscal years 2013-2022,
in millions of dollars--
Crop -------------------------------------
H.R. 6083b
S. 3240a Differencec
------------------------------------------------------------------------
Corn.............................. -5,969 -11,031 -5,062
Sorghum........................... -525 -1,021 -496
Barley............................ -625 -138 487
Oats.............................. -13 84 97
Total Feed Grains........... -7,132 -12, 105 -4,973
Soybeans.......................... 1,272 -1,509 -2,781
Wheat............................. -6,673 -5,448 1,225
Upland Cottond.................... -6,077 -6,077 0
Rice.............................. -2,842 -1,075 1,767
Peanuts........................... -314 187 501
Other Oilseeds.................... 44 243 199
Dairy............................. -59 -38 21
Dry Peas.......................... 17 101 84
Lentils........................... 28 15 -13
-------------------------------------
Total Changes............... -21,677 -25,707 -4,030
------------------------------------------------------------------------
a Agriculture Reform, Food, and Jobs Act of 2012, as passed by the
Senate on June 21, 2012.
b Federal Agriculture Reform and Risk management Act of 2012, as ordered
reported by the House Committee on Agriculture on July 11, 2012.
c Difference = House minus Senate total changes.
d. Upland cotton does not include any potential benefits under the
Stacked Income Protection Program in the Crop Insurance title, which
CBO estimates would be $3.9 billion under H.R. 6083 and $3.2 billion
under S. 3240 over the 2013-2022 period.
Note: Change from CBO March 2012 Baseline.
Estimate prepared by: Federal Costs: Jim Langley, Greg
Hitz, Dave Hull, Kathleen FitzGerald, Emily Holcombe, Ann
Futrell, Dan Hoople, and Jeff LaFave.
Impact on State, local, and tribal governments: J'nell L.
Blanco and Lisa Ramirez-Branum.
Impact on the private sector: Amy Petz and Vi Nguyen.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objections of this legislation are to
provide for the reform and continuation of agricultural and
other programs of the Department of Agriculture through fiscal
year 2017, and for other purposes.
Constitutional Authority Statement
The Committee finds the Constitutional authority for this
legislation in Article I, Section 8, Clause 18, that grants
Congress the power to make all laws necessary and proper for
carrying out the powers vested by Congress in the Constitution
of the United States or in any department or officer thereof.
Committee Cost Estimate
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee report incorporates the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to sections 402 and 423 of the
Congressional Budget Act of 1974.
Advisory Committee Statement
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Federal Mandates Statement
The Committee adopted as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Earmark Statement Required by Clause 9 of Rule XXI of the Rules of the
House of Representatives
H.R. 6083 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(e), 9(f), or 9(g) of rule XXI of the Rules of the
House Representatives.
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):
FOOD, CONSERVATION, AND ENERGY ACT OF 2008
* * * * * * *
TITLE I--COMMODITY PROGRAMS
* * * * * * *
Subtitle A--Direct Payments and Counter-Cyclical Payments
* * * * * * *
[SEC. 1103. AVAILABILITY OF DIRECT PAYMENTS.
[(a) Payment Required.--For each of the 2008 through 2012
crop years of each covered commodity (other than pulse crops),
the Secretary shall make direct payments to producers on farms
for which base acres and payment yields are established.
[(b) Payment Rate.--Except as provided in section 1105, the
payment rates used to make direct payments with respect to
covered commodities for a crop year shall be as follows:
[(1) Wheat, $0.52 per bushel.
[(2) Corn, $0.28 per bushel.
[(3) Grain sorghum, $0.35 per bushel.
[(4) Barley, $0.24 per bushel.
[(5) Oats, $0.024 per bushel.
[(6) Upland cotton, $0.0667 per pound.
[(7) Long grain rice, $2.35 per hundredweight.
[(8) Medium grain rice, $2.35 per hundredweight.
[(9) Soybeans, $0.44 per bushel.
[(10) Other oilseeds, $0.80 per hundredweight.
[(c) Payment Amount.--The amount of the direct payment to be
paid to the producers on a farm for a covered commodity for a
crop year shall be equal to the product of the following:
[(1) The payment rate specified in subsection (b).
[(2) The payment acres of the covered commodity on
the farm.
[(3) The payment yield for the covered commodity for
the farm.
[(d) Time for Payment.--
[(1) In general.--Except as provided in paragraph
(2), in the case of each of the 2008 through 2012 crop
years, the Secretary may not make direct payments
before October 1 of the calendar year in which the crop
of the covered commodity is harvested.
[(2) Advance payments.--
[(A) Option.--
[(i) In general.--At the option of
the producers on a farm, the Secretary
shall pay in advance up to 22 percent
of the direct payment for a covered
commodity for any of the 2008 through
2011 crop years to the producers on a
farm.
[(ii) 2008 crop year.--If the
producers on a farm elect to receive
advance direct payments under clause
(i) for a covered commodity for the
2008 crop year, as soon as practicable
after the election, the Secretary shall
make the advance direct payment to the
producers on the farm.
[(B) Month.--
[(i) Selection.--Subject to clauses
(ii) and (iii), the producers on a farm
shall select the month during which the
advance payment for a crop year will be
made.
[(ii) Options.--The month selected
may be any month during the period--
[(I) beginning on December 1
of the calendar year before the
calendar year in which the crop
of the covered commodity is
harvested; and
[(II) ending during the month
within which the direct payment
would otherwise be made.
[(iii) Change.--The producers on a
farm may change the selected month for
a subsequent advance payment by
providing advance notice to the
Secretary.
[(3) Repayment of advance payments.--If a producer on
a farm that receives an advance direct payment for a
crop year ceases to be a producer on that farm, or the
extent to which the producer shares in the risk of
producing a crop changes, before the date the remainder
of the direct payment is made, the producer shall be
responsible for repaying the Secretary the applicable
amount of the advance payment, as determined by the
Secretary.
[SEC. 1104. AVAILABILITY OF COUNTER-CYCLICAL PAYMENTS.
[(a) Payment Required.--Except as provided in section 1105,
for each of the 2008 through 2012 crop years for each covered
commodity, the Secretary shall make counter-cyclical payments
to producers on farms for which payment yields and base acres
are established with respect to the covered commodity if the
Secretary determines that the effective price for the covered
commodity is less than the target price for the covered
commodity.
[(b) Effective Price.--
[(1) Covered commodities other than rice.--Except as
provided in paragraph (2), for purposes of subsection
(a), the effective price for a covered commodity is
equal to the sum of the following:
[(A) The higher of the following:
[(i) The national average market
price received by producers during the
12-month marketing year for the covered
commodity, as determined by the
Secretary.
[(ii) The national average loan rate
for a marketing assistance loan for the
covered commodity in effect for the
applicable period under subtitle B.
[(B) The payment rate in effect for the
covered commodity under section 1103 for the
purpose of making direct payments with respect
to the covered commodity.
[(2) Rice.--In the case of long grain rice and medium
grain rice, for purposes of subsection (a), the
effective price for each type or class of rice is equal
to the sum of the following:
[(A) The higher of the following:
[(i) The national average market
price received by producers during the
12-month marketing year for the type or
class of rice, as determined by the
Secretary.
[(ii) The national average loan rate
for a marketing assistance loan for the
type or class of rice in effect for the
applicable period under subtitle B.
[(B) The payment rate in effect for the type
or class of rice under section 1103 for the
purpose of making direct payments with respect
to the type or class of rice.
[(c) Target Price.--
[(1) 2008 crop year.--For purposes of the 2008 crop
year, the target prices for covered commodities shall
be as follows:
[(A) Wheat, $3.92 per bushel.
[(B) Corn, $2.63 per bushel.
[(C) Grain sorghum, $2.57 per bushel.
[(D) Barley, $2.24 per bushel.
[(E) Oats, $1.44 per bushel.
[(F) Upland cotton, $0.7125 per pound.
[(G) Long grain rice, $10.50 per
hundredweight.
[(H) Medium grain rice, $10.50 per
hundredweight.
[(I) Soybeans, $5.80 per bushel.
[(J) Other oilseeds, $10.10 per
hundredweight.
[(2) 2009 crop year.--For purposes of the 2009 crop
year, the target prices for covered commodities shall
be as follows:
[(A) Wheat, $3.92 per bushel.
[(B) Corn, $2.63 per bushel.
[(C) Grain sorghum, $2.57 per bushel.
[(D) Barley, $2.24 per bushel.
[(E) Oats, $1.44 per bushel.
[(F) Upland cotton, $0.7125 per pound.
[(G) Long grain rice, $10.50 per
hundredweight.
[(H) Medium grain rice, $10.50 per
hundredweight.
[(I) Soybeans, $5.80 per bushel.
[(J) Other oilseeds, $10.10 per
hundredweight.
[(K) Dry peas, $8.32 per hundredweight.
[(L) Lentils, $12.81 per hundredweight.
[(M) Small chickpeas, $10.36 per
hundredweight.
[(N) Large chickpeas, $12.81 per
hundredweight.
[(3) Subsequent crop years.--For purposes of each of
the 2010 through 2012 crop years, the target prices for
covered commodities shall be as follows:
[(A) Wheat, $4.17 per bushel.
[(B) Corn, $2.63 per bushel.
[(C) Grain sorghum, $2.63 per bushel.
[(D) Barley, $2.63 per bushel.
[(E) Oats, $1.79 per bushel.
[(F) Upland cotton, $0.7125 per pound.
[(G) Long grain rice, $10.50 per
hundredweight.
[(H) Medium grain rice, $10.50 per
hundredweight.
[(I) Soybeans, $6.00 per bushel.
[(J) Other oilseeds, $12.68 per
hundredweight.
[(K) Dry peas, $8.32 per hundredweight.
[(L) Lentils, $12.81 per hundredweight.
[(M) Small chickpeas, $10.36 per
hundredweight.
[(N) Large chickpeas, $12.81 per
hundredweight.
[(d) Payment Rate.--The payment rate used to make counter-
cyclical payments with respect to a covered commodity for a
crop year shall be equal to the difference between--
[(1) the target price for the covered commodity; and
[(2) the effective price determined under subsection
(b) for the covered commodity.
[(e) Payment Amount.--If counter-cyclical payments are
required to be paid under this section for any of the 2008
through 2012 crop years of a covered commodity, the amount of
the counter-cyclical payment to be paid to the producers on a
farm for that crop year shall be equal to the product of the
following:
[(1) The payment rate specified in subsection (d).
[(2) The payment acres of the covered commodity on
the farm.
[(3) The payment yield for the covered commodity for
the farm.
[(f) Time for Payments.--
[(1) General rule.--Except as provided in paragraph
(2), if the Secretary determines under subsection (a)
that counter-cyclical payments are required to be made
under this section for the crop of a covered commodity,
beginning October 1, or as soon as practicable
thereafter, after the end of the marketing year for the
covered commodity, the Secretary shall make the
counter-cyclical payments for the crop.
[(2) Availability of partial payments.--
[(A) In general.--If, before the end of the
12-month marketing year for a covered
commodity, the Secretary estimates that
counter-cyclical payments will be required for
the crop of the covered commodity, the
Secretary shall give producers on a farm the
option to receive partial payments of the
counter-cyclical payment projected to be made
for that crop of the covered commodity.
[(B) Election.--
[(i) In general.--The Secretary shall
allow producers on a farm to make an
election to receive partial payments
for a covered commodity under
subparagraph (A) at any time but not
later than 60 days prior to the end of
the marketing year for that covered
commodity.
[(ii) Date of issuance.--The
Secretary shall issue the partial
payment after the date of an
announcement by the Secretary but not
later than 30 days prior to the end of
the marketing year.
[(3) Time for partial payments.--When the Secretary
makes partial payments for a covered commodity for any
of the 2008 through 2010 crop years--
[(A) the first partial payment shall be made
after completion of the first 180 days of the
marketing year for the covered commodity; and
[(B) the final partial payment shall be made
beginning October 1, or as soon as practicable
thereafter, after the end of the applicable
marketing year for the covered commodity.
[(4) Amount of partial payment.--
[(A) First partial payment.--For each of the
2008 through 2010 crops of a covered commodity,
the first partial payment under paragraph (3)
to the producers on a farm may not exceed 40
percent of the projected counter-cyclical
payment for the covered commodity for the crop
year, as determined by the Secretary.
[(B) Final payment.--The final payment for a
covered commodity for a crop year shall be
equal to the difference between--
[(i) the actual counter-cyclical
payment to be made to the producers for
the covered commodity for that crop
year; and
[(ii) the amount of the partial
payment made to the producers under
subparagraph (A).
[(5) Repayment.--The producers on a farm that receive
a partial payment under this subsection for a crop year
shall repay to the Secretary the amount, if any, by
which the total of the partial payments exceed the
actual counter-cyclical payment to be made for the
covered commodity for that crop year.
[SEC. 1105. AVERAGE CROP REVENUE ELECTION PROGRAM.
[(a) Availability and Election of Alternative Approach.--
[(1) Availability of average crop revenue election
payments.--As an alternative to receiving counter-
cyclical payments under section 1104 or 1304 and in
exchange for a 20-percent reduction in direct payments
under section 1103 or 1303 and a 30-percent reduction
in marketing assistance loan rates under section 1202
or 1307, with respect to all covered commodities and
peanuts on a farm, during each of the 2009, 2010, 2011,
and 2012 crop years, the Secretary shall give the
producers on the farm an opportunity to make an
irrevocable election to instead receive average crop
revenue election (referred to in this section as
``ACRE'') payments under this section for the initial
crop year for which the election is made through the
2012 crop year.
[(2) Limitation.--
[(A) In general.--The total number of planted
acres for which the producers on a farm may
receive ACRE payments under this section may
not exceed the total base acreage for all
covered commodities and peanuts on the farm.
[(B) Election.--If the total number of
planted acres to all covered commodities and
peanuts of the producers on a farm exceeds the
total base acreage of the farm, the producers
on the farm may choose which planted acres to
enroll in the program under this section.
[(3) Election; time for election.--
[(A) In general.--The Secretary shall provide
notice to producers regarding the opportunity
to make each of the elections described in
paragraph (1).
[(B) Notice requirements.--The notice shall
include--
[(i) notice of the opportunity of the
producers on a farm to make the
election; and
[(ii) information regarding the
manner in which the election must be
made and the time periods and manner in
which notice of the election must be
submitted to the Secretary.
[(4) Election deadline.--Within the time period and
in the manner prescribed pursuant to paragraph (3), all
of the producers on a farm shall submit to the
Secretary notice of an election made under paragraph
(1).
[(5) Effect of failure to make election.--If all of
the producers on a farm fail to make an election under
paragraph (1), make different elections under paragraph
(1), or fail to timely notify the Secretary of the
election made, as required by paragraph (4), all of the
producers on the farm shall be deemed to have made the
election to receive counter-cyclical payments under
section 1104 or 1304 for all covered commodities and
peanuts on the farm, and to otherwise not have made the
election described in paragraph (1), for the applicable
crop years.
[(b) Payments Required.--
[(1) In general.--In the case of producers on a farm
who make an election under subsection (a) to receive
ACRE payments for any of the 2009 through 2012 crop
years for all covered commodities and peanuts, the
Secretary shall make ACRE payments available to the
producers on a farm in accordance with this subsection.
[(2) ACRE payment.--
[(A) In general.--Subject to paragraph (3),
in the case of producers on a farm described in
paragraph (1), the Secretary shall make ACRE
payments available to the producers on a farm
for each crop year if--
[(i) the actual State revenue for the
crop year for the covered commodity or
peanuts in the State determined under
subsection (c); is less than
[(ii) the ACRE program guarantee for
the crop year for the covered commodity
or peanuts in the State determined
under subsection (d).
[(B) Individual loss.--The Secretary shall
make ACRE payments available to the producers
on a farm in a State for a crop year only if
(as determined by the Secretary)--
[(i) the actual farm revenue for the
crop year for the covered commodity or
peanuts, as determined under subsection
(e); is less than
[(ii) the farm ACRE benchmark revenue
for the crop year for the covered
commodity or peanuts, as determined
under subsection (f).
[(3) Time for payments.--In the case of each of the
2009 through 2012 crop years, the Secretary shall make
ACRE payments beginning October 1, or as soon as
practicable thereafter, after the end of the applicable
marketing year for the covered commodity or peanuts.
[(c) Actual State Revenue.--
[(1) In general.--For purposes of subsection
(b)(2)(A), the amount of the actual State revenue for a
crop year of a covered commodity or peanuts shall equal
the product obtained by multiplying--
[(A) the actual State yield for each planted
acre for the crop year for the covered
commodity or peanuts determined under paragraph
(2); and
[(B) the national average market price for
the crop year for the covered commodity or
peanuts determined under paragraph (3).
[(2) Actual state yield.--For purposes of paragraph
(1)(A), the actual State yield for each planted acre
for a crop year for a covered commodity or peanuts in a
State shall equal (as determined by the Secretary)--
[(A) the quantity of the covered commodity or
peanuts that is produced in the State during
the crop year; divided by
[(B) the number of acres that are planted to
the covered commodity or peanuts in the State
during the crop year.
[(3) National average market price.--For purposes of
paragraph (1)(B), the national average market price for
a crop year for a covered commodity or peanuts in a
State shall equal the greater of--
[(A) the national average market price
received by producers during the 12-month
marketing year for the covered commodity or
peanuts, as determined by the Secretary; or
[(B) the marketing assistance loan rate for
the covered commodity or peanuts under section
1202 or 1307, as reduced under subsection
(a)(1).
[(d) ACRE Program Guarantee.--
[(1) Amount.--
[(A) In general.--For purposes of subsection
(b)(2)(A) and subject to subparagraph (B), the
ACRE program guarantee for a crop year for a
covered commodity or peanuts in a State shall
equal 90 percent of the product obtained by
multiplying--
[(i) the benchmark State yield for
each planted acre for the crop year for
the covered commodity or peanuts in a
State determined under paragraph (2);
and
[(ii) the ACRE program guarantee
price for the crop year for the covered
commodity or peanuts determined under
paragraph (3).
[(B) Minimum and maximum guarantee.--In the
case of each of the 2010 through 2012 crop
years, the ACRE program guarantee for a crop
year for a covered commodity or peanuts under
subparagraph (A) shall not decrease or increase
more than 10 percent from the guarantee for the
preceding crop year.
[(2) Benchmark state yield.--
[(A) In general.--For purposes of paragraph
(1)(A)(i), subject to subparagraph (B), the
benchmark State yield for each planted acre for
a crop year for a covered commodity or peanuts
in a State shall equal the average yield per
planted acre for the covered commodity or
peanuts in the State for the most recent 5 crop
year yields, excluding each of the crop years
with the highest and lowest yields, using
National Agricultural Statistics Service data.
[(B) Assigned yield.--If the Secretary cannot
establish the benchmark State yield for each
planted acre for a crop year for a covered
commodity or peanuts in a State in accordance
with subparagraph (A) or if the yield
determined under subparagraph (A) is an
unrepresentative average yield for the State
(as determined by the Secretary), the Secretary
shall assign a benchmark State yield for each
planted acre for the crop year for the covered
commodity or peanuts in the State on the basis
of--
[(i) previous average yields for a
period of 5 crop years, excluding each
of the crop years with the highest and
lowest yields; or
[(ii) benchmark State yields for
planted acres for the crop year for the
covered commodity or peanuts in similar
States.
[(3) ACRE program guarantee price.--For purposes of
paragraph (1)(A)(ii), the ACRE program guarantee price
for a crop year for a covered commodity or peanuts in a
State shall be the simple average of the national
average market price received by producers of the
covered commodity or peanuts for the most recent 2 crop
years, as determined by the Secretary.
[(4) States with irrigated and nonirrigated land.--In
the case of a State in which at least 25 percent of the
acreage planted to a covered commodity or peanuts in
the State is irrigated and at least 25 percent of the
acreage planted to the covered commodity or peanuts in
the State is not irrigated, the Secretary shall
calculate a separate ACRE program guarantee for the
irrigated and nonirrigated areas of the State for the
covered commodity or peanuts.
[(e) Actual Farm Revenue.--For purposes of subsection
(b)(2)(B)(i), the amount of the actual farm revenue for a crop
year for a covered commodity or peanuts shall equal the amount
determined by multiplying--
[(1) the actual yield for the covered commodity or
peanuts of the producers on the farm; and
[(2) the national average market price for the crop
year for the covered commodity or peanuts determined
under subsection (c)(3).
[(f) Farm ACRE Benchmark Revenue.--For purposes of subsection
(b)(2)(B)(ii), the farm ACRE benchmark revenue for the crop
year for a covered commodity or peanuts shall equal the sum
obtained by adding--
[(1) the amount determined by multiplying--
[(A) the average yield per planted acre for
the covered commodity or peanuts of the
producers on the farm for the most recent 5
crop years, excluding each of the crop years
with the highest and lowest yields; and
[(B) the ACRE program guarantee price for the
applicable crop year for the covered commodity
or peanuts in a State determined under
subsection (d)(3); and
[(2) the amount of the per acre crop insurance
premium required to be paid by the producers on the
farm for the applicable crop year for the covered
commodity or peanuts on the farm.
[(g) Payment Amount.--If ACRE payments are required to be
paid for any of the 2009 through 2012 crop years of a covered
commodity or peanuts under this section, the amount of the ACRE
payment to be paid to the producers on the farm for the crop
year under this section shall be equal to the product obtained
by multiplying--
[(1) the lesser of--
[(A) the difference between--
[(i) the ACRE program guarantee for
the crop year for the covered commodity
or peanuts in the State determined
under subsection (d); and
[(ii) the actual State revenue from
the crop year for the covered commodity
or peanuts in the State determined
under subsection (c); and
[(B) 25 percent of the ACRE program guarantee
for the crop year for the covered commodity or
peanuts in the State determined under
subsection (d);
[(2)(A) for each of the 2009 through 2011 crop years,
83.3 percent of the acreage planted or considered
planted to the covered commodity or peanuts for harvest
on the farm in the crop year; and
[(B) for the 2012 crop year, 85 percent of the
acreage planted or considered planted to the covered
commodity or peanuts for harvest on the farm in the
crop year; and
[(3) the quotient obtained by dividing--
[(A) the average yield per planted acre for
the covered commodity or peanuts of the
producers on the farm for the most recent 5
crop years, excluding each of the crop years
with the highest and lowest yields; by
[(B) the benchmark State yield for the crop
year, as determined under subsection (d)(2).]
* * * * * * *
Subtitle C--Peanuts
* * * * * * *
[SEC. 1303. AVAILABILITY OF DIRECT PAYMENTS FOR PEANUTS.
[(a) Payment Required.--For each of the 2008 through 2012
crop years for peanuts, the Secretary shall make direct
payments to the producers on a farm for which a payment yield
and base acres for peanuts are established.
[(b) Payment Rate.--Except as provided in section 1105, the
payment rate used to make direct payments with respect to
peanuts for a crop year shall be equal to $36 per ton.
[(c) Payment Amount.--The amount of the direct payment to be
paid to the producers on a farm for peanuts for a crop year
shall be equal to the product of the following:
[(1) The payment rate specified in subsection (b).
[(2) The payment acres on the farm.
[(3) The payment yield for the farm.
[(d) Time for Payment.--
[(1) In general.--Except as provided in paragraph
(2), in the case of each of the 2008 through 2012 crop
years, the Secretary may not make direct payments under
this section before October 1 of the calendar year in
which the crop is harvested.
[(2) Advance payments.--
[(A) Option.--
[(i) In general.--At the option of
the producers on a farm, the Secretary
shall pay in advance up to 22 percent
of the direct payment for peanuts for
any of the 2008 through 2011 crop years
to the producers on a farm.
[(ii) 2008 crop year.--If the
producers on a farm elect to receive
advance direct payments under clause
(i) for peanuts for the 2008 crop year,
as soon as practicable after the
election, the Secretary shall make the
advance direct payment to the producers
on the farm.
[(B) Month.--
[(i) Selection.--Subject to clauses
(ii) and (iii), the producers on a farm
shall select the month during which the
advance payment for a crop year will be
made.
[(ii) Options.--The month selected
may be any month during the period--
[(I) beginning on December 1
of the calendar year before the
calendar year in which the crop
of peanuts is harvested; and
[(II) ending during the month
within which the direct payment
would otherwise be made.
[(iii) Change.--The producers on a
farm may change the selected month for
a subsequent advance payment by
providing advance notice to the
Secretary.
[(3) Repayment of advance payments.--If a producer on
a farm that receives an advance direct payment for a
crop year ceases to be a producer on that farm, or the
extent to which the producer shares in the risk of
producing a crop changes, before the date the remainder
of the direct payment is made, the producer shall be
responsible for repaying the Secretary the applicable
amount of the advance payment, as determined by the
Secretary.
[SEC. 1304. AVAILABILITY OF COUNTER-CYCLICAL PAYMENTS FOR PEANUTS.
[(a) Payment Required.--Except as provided in section 1105,
for each of the 2008 through 2012 crop years for peanuts, the
Secretary shall make counter-cyclical payments to producers on
farms for which payment yields and base acres for peanuts are
established if the Secretary determines that the effective
price for peanuts is less than the target price for peanuts.
[(b) Effective Price.--For purposes of subsection (a), the
effective price for peanuts is equal to the sum of the
following:
[(1) The higher of the following:
[(A) The national average market price for
peanuts received by producers during the 12-
month marketing year for peanuts, as determined
by the Secretary.
[(B) The national average loan rate for a
marketing assistance loan for peanuts in effect
for the applicable period under this subtitle.
[(2) The payment rate in effect for peanuts under
section 1303 for the purpose of making direct payments.
[(c) Target Price.--For purposes of subsection (a), the
target price for peanuts shall be equal to $495 per ton.
[(d) Payment Rate.--The payment rate used to make counter-
cyclical payments for a crop year shall be equal to the
difference between--
[(1) the target price for peanuts; and
[(2) the effective price determined under subsection
(b) for peanuts.
[(e) Payment Amount.--If counter-cyclical payments are
required to be paid for any of the 2008 through 2012 crops of
peanuts, the amount of the counter-cyclical payment to be paid
to the producers on a farm for that crop year shall be equal to
the product of the following:
[(1) The payment rate specified in subsection (d).
[(2) The payment acres on the farm.
[(3) The payment yield for the farm.
[(f) Time for Payments.--
[(1) General rule.--Except as provided in paragraph
(2), if the Secretary determines under subsection (a)
that counter-cyclical payments are required to be made
under this section for a crop of peanuts, beginning
October 1, or as soon as practicable after the end of
the marketing year, the Secretary shall make the
counter-cyclical payments for the crop.
[(2) Availability of partial payments.--
[(A) In general.--If, before the end of the
12-month marketing year, the Secretary
estimates that counter-cyclical payments will
be required under this section for a crop year,
the Secretary shall give producers on a farm
the option to receive partial payments of the
counter-cyclical payment projected to be made
for the crop.
[(B) Election.--
[(i) In general.--The Secretary shall
allow producers on a farm to make an
election to receive partial payments
under subparagraph (A) at any time but
not later than 60 days prior to the end
of the marketing year for the crop.
[(ii) Date of issuance.--The
Secretary shall issue the partial
payment after the date of an
announcement by the Secretary but not
later than 30 days prior to the end of
the marketing year.
[(3) Time for partial payments.--When the Secretary
makes partial payments for any of the 2008 through 2010
crop years--
[(A) the first partial payment shall be made
after completion of the first 180 days of the
marketing year for that crop; and
[(B) the final partial payment shall be made
beginning October 1, or as soon as practicable
thereafter, after the end of the applicable
marketing year for that crop.
[(4) Amount of partial payments.--
[(A) First partial payment.--For each of the
2008 through 2010 crop years, the first partial
payment under paragraph (3) to the producers on
a farm may not exceed 40 percent of the
projected counter-cyclical payment for the crop
year, as determined by the Secretary.
[(B) Final payment.--The final payment for a
crop year shall be equal to the difference
between--
[(i) the actual counter-cyclical
payment to be made to the producers for
that crop year; and
[(ii) the amount of the partial
payment made to the producers under
subparagraph (A).
[(5) Repayment.--The producers on a farm that receive
a partial payment under this subsection for a crop year
shall repay to the Secretary the amount, if any, by
which the total of the partial payments exceed the
actual counter-cyclical payment to be made for that
crop year.]
* * * * * * *
Subtitle E--Dairy
[SEC. 1501. DAIRY PRODUCT PRICE SUPPORT PROGRAM.
[(a) Definition of Net Removals.--In this section, the term
``net removals'' means--
[(1) the sum of--
[(A) the quantity of a product described in
subsection (b) purchased by the Commodity
Credit Corporation under this section; and
[(B) the quantity of the product exported
under section 153 of the Food Security Act of
1985 (15 U.S.C. 713a-14); less
[(2) the quantity of the product sold for
unrestricted use by the Commodity Credit Corporation.
[(b) Support Activities.--During the period beginning on
January 1, 2008, and ending December 31, 2012, the Secretary
shall support the price of cheddar cheese, butter, and nonfat
dry milk through the purchase of such products made from milk
produced in the United States.
[(c) Purchase Price.--To carry out subsection (b) during the
period specified in that subsection, the Secretary shall
purchase--
[(1) cheddar cheese in blocks at not less than $1.13
per pound;
[(2) cheddar cheese in barrels at not less than $1.10
per pound;
[(3) butter at not less than $1.05 per pound; and
[(4) nonfat dry milk at not less than $0.80 per
pound.
[(d) Temporary Price Adjustment to Avoid Excess
Inventories.--
[(1) Adjustments authorized.--The Secretary may
adjust the minimum purchase prices established under
subsection (c) only as permitted under this subsection.
[(2) Cheese inventories in excess of 200,000,000
pounds.--If net removals for a period of 12 consecutive
months exceed 200,000,000 pounds of cheese, but do not
exceed 400,000,000 pounds, the Secretary may reduce the
purchase prices under paragraphs (1) and (2) of
subsection (c) during the immediately following month
by not more than 10 cents per pound.
[(3) Cheese inventories in excess of 400,000,000
pounds.--If net removals for a period of 12 consecutive
months exceed 400,000,000 pounds of cheese, the
Secretary may reduce the purchase prices under
paragraphs (1) and (2) of subsection (c) during the
immediately following month by not more than 20 cents
per pound.
[(4) Butter inventories in excess of 450,000,000
pounds.--If net removals for a period of 12 consecutive
months exceed 450,000,000 pounds of butter, but do not
exceed 650,000,000 pounds, the Secretary may reduce the
purchase price under subsection (c)(3) during the
immediately following month by not more than 10 cents
per pound.
[(5) Butter inventories in excess of 650,000,000
pounds.--If net removals for a period of 12 consecutive
months exceed 650,000,000 pounds of butter, the
Secretary may reduce the purchase price under
subsection (c)(3) during the immediately following
month by not more than 20 cents per pound.
[(6) Nonfat dry milk inventories in excess of
600,000,000 pounds.--If net removals for a period of 12
consecutive months exceed 600,000,000 pounds of nonfat
dry milk, but do not exceed 800,000,000 pounds, the
Secretary may reduce the purchase price under
subsection (c)(4) during the immediately following
month by not more than 5 cents per pound.
[(7) Nonfat dry milk inventories in excess of
800,000,000 pounds.--If net removals for a period of 12
consecutive months exceed 800,000,000 pounds of nonfat
dry milk, the Secretary may reduce the purchase price
under subsection (c)(4) during the immediately
following month by not more than 10 cents per pound.
[(e) Uniform Purchase Price.--The prices that the Secretary
pays for cheese, butter, or nonfat dry milk, respectively,
under subsection (b) shall be uniform for all regions of the
United States.
[(f) Sales From Inventories.--In the case of each commodity
specified in subsection (c) that is available for unrestricted
use in the inventory of the Commodity Credit Corporation, the
Secretary may sell the commodity at the market prices
prevailing for that commodity at the time of sale, except that
the sale price may not be less than 110 percent of the minimum
purchase price specified in subsection (c) for that commodity.]
SEC. 1502. DAIRY FORWARD PRICING PROGRAM.
(a) * * *
* * * * * * *
(e) Duration.--
(1) New contracts.--No forward price contract may be
entered into under the program established under this
section after September 30, [2012] 2017.
(2) Application.--No forward contract entered into
under the program may extend beyond September 30,
[2015] 2020.
* * * * * * *
[SEC. 1506. MILK INCOME LOSS CONTRACT PROGRAM.
[(a) Definitions.--In this section:
[(1) Class i milk.--The term ``Class I milk'' means
milk (including milk components) classified as Class I
milk under a Federal milk marketing order.
[(2) Eligible production.--The term ``eligible
production'' means milk produced by a producer in a
participating State.
[(3) Federal milk marketing order.--The term
``Federal milk marketing order'' means an order issued
under section 8c of the Agricultural Adjustment Act (7
U.S.C. 608c), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937.
[(4) Participating state.--The term ``participating
State'' means each State.
[(5) Producer.--The term ``producer'' means an
individual or entity that directly or indirectly (as
determined by the Secretary)--
[(A) shares in the risk of producing milk;
and
[(B) makes contributions (including land,
labor, management, equipment, or capital) to
the dairy farming operation of the individual
or entity that are at least commensurate with
the share of the individual or entity of the
proceeds of the operation.
[(b) Payments.--The Secretary shall offer to enter into
contracts with producers on a dairy farm located in a
participating State under which the producers receive payments
on eligible production.
[(c) Amount.--Payments to a producer under this section shall
be calculated by multiplying (as determined by the Secretary)--
[(1) the payment quantity for the producer during the
applicable month established under subsection (e);
[(2) the amount equal to--
[(A) $16.94 per hundredweight, as adjusted
under subsection (d); less
[(B) the Class I milk price per hundredweight
in Boston under the applicable Federal milk
marketing order; by
[(3)(A) for the period beginning October 1, 2007, and
ending September 30, 2008, 34 percent;
[(B) for the period beginning October 1, 2008, and
ending August 31, 2012, 45 percent; and
[(C) for the period beginning September 1, 2012, and
thereafter, 34 percent.
[(d) Payment Rate Adjustment for Feed Prices.--
[(1) Initial adjustment authority.--During the period
beginning on January 1, 2008, and ending on August 31,
2012, if the National Average Dairy Feed Ration Cost
for a month during that period is greater than $7.35
per hundredweight, the amount specified in subsection
(c)(2)(A) used to determine the payment rate for that
month shall be increased by 45 percent of the
percentage by which the National Average Dairy Feed
Ration Cost exceeds $7.35 per hundredweight.
[(2) Subsequent adjustment authority.--For any month
beginning on or after September 1, 2012, if the
National Average Dairy Feed Ration Cost for the month
is greater than $9.50 per hundredweight, the amount
specified in subsection (c)(2)(A) used to determine the
payment rate for that month shall be increased by 45
percent of the percentage by which the National Average
Dairy Feed Ration Cost exceeds $9.50 per hundredweight.
[(3) National average dairy feed ration cost.--For
each month, the Secretary shall calculate a National
Average Dairy Feed Ration Cost per hundredweight using
the same procedures (adjusted to a hundredweight basis)
used to calculate the feed components of the estimated
price of 16% Mixed Dairy Feed per pound noted on page
33 of the USDA March 2008 Agricultural Prices
publication (including the data and factors noted in
footnote 4).
[(e) Payment Quantity.--
[(1) In general.--Subject to paragraph (2), the
payment quantity for a producer during the applicable
month under this section shall be equal to the quantity
of eligible production marketed by the producer during
the month.
[(2) Limitation.--
[(A) In general.--The payment quantity for
all producers on a single dairy operation for
which the producers receive payments under
subsection (b) shall not exceed--
[(i) for the period beginning October
1, 2007, and ending September 30, 2008,
2,400,000 pounds;
[(ii) for the period beginning
October 1, 2008, and ending August 31,
2012, 2,985,000 pounds for each fiscal
year; and
[(iii) effective beginning September
1, 2012, 2,400,000 pounds per fiscal
year.
[(B) Standards.--For purposes of determining
whether producers are producers on separate
dairy operations or a single dairy operation,
the Secretary shall apply the same standards as
were applied in implementing the dairy program
under section 805 of the Agriculture, Rural
Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (as
enacted into law by Public Law 106-387; 114
Stat. 1549A-50).
[(3) Reconstitution.--The Secretary shall ensure that
a producer does not reconstitute a dairy operation for
the sole purpose of receiving additional payments under
this section.
[(f) Payments.--A payment under a contract under this section
shall be made on a monthly basis not later than 60 days after
the last day of the month for which the payment is made.
[(g) Signup.--The Secretary shall offer to enter into
contracts under this section during the period beginning on the
date that is 90 days after the date of enactment of this Act
and ending on September 30, 2012.
[(h) Duration of Contract.--
[(1) In general.--Except as provided in paragraph
(2), any contract entered into by producers on a dairy
farm under this section shall cover eligible production
marketed by the producers on the dairy farm during the
period starting with the first day of month the
producers on the dairy farm enter into the contract and
ending on September 30, 2012.
[(2) Violations.--If a producer violates the
contract, the Secretary may--
[(A) terminate the contract and allow the
producer to retain any payments received under
the contract; or
[(B) allow the contract to remain in effect
and require the producer to repay a portion of
the payments received under the contract based
on the severity of the violation.]
* * * * * * *
[SEC. 1509. FEDERAL MILK MARKETING ORDER REVIEW COMMISSION.
[(a) Establishment.--Subject to the availability of
appropriations to carry out this section, the Secretary shall
establish a commission to be known as the ``Federal Milk
Marketing Order Review Commission'' (referred to in this
section as the ``commission''), which shall conduct a
comprehensive review and evaluation of--
[(1) the Federal milk marketing order system in
effect on the date of establishment of the commission;
and
[(2) non-Federal milk marketing order systems.
[(b) Elements of Review and Evaluation.--As part of the
review and evaluation under subsection (a), the commission
shall consider legislative and regulatory options for--
[(1) ensuring that the competitiveness of dairy
products with other competing products in the
marketplace is preserved and enhanced;
[(2) enhancing the competitiveness of American dairy
producers in world markets;
[(3) ensuring the competitiveness and transparency in
dairy pricing;
[(4) streamlining and expediting the process by which
amendments to Federal milk market orders are adopted;
[(5) simplifying the Federal milk marketing order
system;
[(6) evaluating whether the Federal milk marketing
order system serves the interests of dairy producers,
consumers, and dairy processors; and
[(7) evaluating the nutritional composition of milk,
including the potential benefits and costs of adjusting
the milk content standards.
[(c) Membership.--
[(1) Composition.--The commission shall consist of 14
members.
[(2) Members.--As soon as practicable after the date
on which funds are first made available to carry out
this section, the Secretary shall appoint members to
the commission according to the following requirements:
[(A) At least 1 member shall represent a
national consumer organization.
[(B) At least 4 members shall represent land-
grant universities or NLGCA Institutions (as
defined in section 1404 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)) with
accredited dairy economic programs, with at
least 2 of those members being experts in the
field of economics.
[(C) At least 1 member shall represent the
food and beverage retail sector.
[(D) 4 dairy producers and 4 dairy
processors, appointed so as to balance
geographical distribution of milk production
and dairy processing, reflect all segments of
dairy processing, and represent all regions of
the United States equitably, including States
that operate outside of a Federal milk
marketing order.
[(3) Chair.--The commission shall elect 1 of the
appointed members of the commission to serve as
chairperson for the duration of the proceedings of the
commission.
[(4) Vacancy.--Any vacancy occurring before the
termination of the commission shall be filled in the
same manner as the original appointment.
[(5) Compensation.--Members of the commission shall
serve without compensation, but shall be reimbursed by
the Secretary from existing budget authority for
necessary and reasonable expenses incurred in the
performance of the duties of the commission.
[(d) Report.--
[(1) In general.--Not later than 2 years after the
date of the first meeting of the commission, the
commission shall submit to Congress and the Secretary a
report describing the results of the review and
evaluation conducted under this section, including such
recommendations regarding the legislative and
regulatory options considered under subsection (b) as
the commission considers to be appropriate.
[(2) Opinions.--The report findings shall reflect, to
the maximum extent practicable, a consensus opinion of
the commission members, but the report may include
majority and minority findings regarding those matters
for which consensus was not reached.
[(e) Advisory Nature.--The commission is wholly advisory in
nature, and the recommendations of the commission are
nonbinding.
[(f) No Effect on Existing Programs.--The Secretary shall not
allow the existence of the commission to impede, delay, or
otherwise affect any decisionmaking process of the Department
of Agriculture, including any rulemaking procedures planned,
proposed, or near completion.
[(g) Administrative Assistance.--The Secretary shall provide
administrative support to the commission, and expend to carry
out this section such funds as necessary from budget authority
available to the Secretary.
[(h) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
[(i) Termination.--The commission shall terminate effective
on the date of the submission of the report under subsection
(d).]
* * * * * * *
Subtitle F--Administration
* * * * * * *
SEC. 1603. PAYMENT LIMITATIONS.
(a) * * *
* * * * * * *
(g) Conforming Amendments.--
(1) * * *
(2) Section 609(b)(1) of the Emergency Livestock Feed
Assistance Act of 1988 (7 U.S.C. 1471g(b)(1)) is
amended by inserting ``(before the amendment made by
section [1703(a)] 1603(a) of the Food, Conservation,
and Energy Act of 2008)'' after ``1985''.
(3) Section 524(b)(3) of the Federal Crop Insurance
Act (7 U.S.C. 1524(b)(3)) is amended by inserting
``(before the amendment made by section [1703(a)]
1603(a) of the Food, Conservation, and Energy Act of
2008)'' after ``1308(5)))''.
(4) Section 10204(c)(1) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8204(c)(1)) is
amended by inserting ``(before the amendment made by
section [1703(a)] 1603(a) of the Food, Conservation,
and Energy Act of 2008)'' after ``1308)''.
(5) Section 1271(c)(3)(A) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (16 U.S.C.
2106a(c)(3)(A)) is amended by inserting ``(before the
amendment made by section [1703(a)] 1603(a) of the
Food, Conservation, and Energy Act of 2008)'' after
``1308)''.
(6) Section 291(2) of the Trade Act of 1974 (19
U.S.C. 2401(2)) is amended by inserting ``(before the
amendment made by section [1703(a)] 1603(a) of the
Food, Conservation, and Energy Act of 2008)'' before
the period at the end.
* * * * * * *
SEC. 1621. GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS.
(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 2009 through [2012] 2017.
* * * * * * *
Subtitle J--Miscellaneous Conservation Provisions
SEC. 2901. HIGH PLAINS WATER STUDY.
Notwithstanding any other provision of this Act, no person
shall become ineligible for any program benefits under [this
Act or an amendment made by this Act] this Act, an amendment
made by this Act, the Federal Agriculture Reform and Risk
Management Act of 2012, or an amendment made by the Federal
Agriculture Reform and Risk Management Act of 2012 solely as a
result of participating in a 1-time study of recharge potential
for the Ogallala Aquifer in the High Plains of the State of
Texas.
* * * * * * *
TITLE III--TRADE
* * * * * * *
Subtitle C--Miscellaneous
* * * * * * *
SEC. 3202. GLOBAL CROP DIVERSITY TRUST.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this [section $60,000,000 for the
period of fiscal years 2008 through 2012.] section--
(1) $60,000,000 for the period of fiscal years 2008
through 2012; and
(2) $50,000,000 for the period of fiscal years 2013
through 2017.
* * * * * * *
TITLE IV--NUTRITION
Subtitle A--Food Stamp Program
* * * * * * *
PART III--PROGRAM OPERATIONS
* * * * * * *
SEC. 4115. ISSUANCE AND USE OF PROGRAM BENEFITS.
(a) * * *
* * * * * * *
(c) Conforming Cross-References.--
(1) * * *
(2) Definition references.--
(A) * * *
* * * * * * *
(H) Section [531] 454 of the Social Security
Act (42 U.S.C. 654) is amended by striking
``section 3(h)'' each place it appears and
inserting ``section 3(l)''.
* * * * * * *
TITLE VII--RESEARCH AND RELATED MATTERS
* * * * * * *
Subtitle D--Other Laws
* * * * * * *
SEC. 7408. EXCHANGE OR SALE AUTHORITY.
[Title III of the Department of Agriculture Reorganization
Act of 1994] Title III of the Federal Crop Insurance Reform and
Department of Agriculture Reorganization Act of 1994 (Public
Law 103-354; 108 Stat. 3238) is amended by adding at the end
the following:
``SEC. 307. EXCHANGE OR SALE AUTHORITY.
``(a) Definition of Qualified Item of Personal Property.--In
this section, the term `qualified item of personal property'
means--
``(1) * * *
* * * * * * *
SEC. 7409. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.
[Title III of the Department of Agriculture Reorganization
Act of 1994] Title III of the Federal Crop Insurance Reform and
Department of Agriculture Reorganization Act of 1994 (Public
Law 103-354; 108 Stat. 3238) (as amended by section 7408) is
amended by adding at the end the following:
``SEC. 308. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.
``(a) * * *
* * * * * * *
Subtitle E--Miscellaneous
PART I--GENERAL PROVISIONS
* * * * * * *
SEC. 7502. GRAZINGLANDS RESEARCH LABORATORY.
Except as otherwise specifically authorized by law and
notwithstanding any other provision of law, the Federal land
and facilities at El Reno, Oklahoma, administered by the
Secretary (as of the date of enactment of this Act) as the
Grazinglands Research Laboratory, shall not at any time, in
whole or in part, be declared to be excess or surplus Federal
property under chapter 5 of subtitle I of title 40, United
States Code, or otherwise be conveyed or transferred in whole
or in part, for the [5-year] 9-year period beginning on the
date of enactment of this Act.
* * * * * * *
SEC. 7506. BUDGET SUBMISSION AND FUNDING.
[(a) Definition of Competitive Programs.--In this section,
the term ``competitive programs'' includes only competitive
programs for which annual appropriations are requested in the
annual budget submission of the President.]
(a) Definitions.--In this section:
(1) Covered program.--The term ``covered program''
means--
(A) each research program carried out by the
Agricultural Research Service or the Economic
Research Service for which annual
appropriations are requested in the annual
budget submission of the President; and
(B) each competitive program carried out by
the National Institute of Food and Agriculture
for which annual appropriations are requested
in the annual budget submission of the
President.
(2) Request for awards.--The term ``request for
awards'' means a funding announcement published by the
National Institute of Food and Agriculture that
provides detailed information on funding opportunities
at the Institute, including the purpose, eligibility,
restriction, focus areas, evaluation criteria,
regulatory information, and instructions on how to
apply for such opportunities.
* * * * * * *
(e) Additional Presidential Budget Submission Requirement.--
(1) In general.--Each year, the President shall
submit to Congress, together with the annual budget
submission of the President, the information described
in paragraph (2) for each funding request for a covered
program.
(2) Information described.--The information described
in this paragraph includes--
(A) baseline information, including with
respect to each covered program--
(i) the funding level for the program
for the fiscal year preceding the year
the annual budget submission of the
President is submitted;
(ii) the funding level requested in
the annual budget submission of the
President, including any increase or
decrease in the funding level; and
(iii) an explanation justifying any
change from the funding level specified
in clause (i) to the level specified in
clause (ii);
(B) with respect to each covered program that
is carried out by the Economic Research Service
or the Agricultural Research Service, the
location and staff years of the program;
(C) the proposed funding levels to be
allocated to, and the expected publication
date, scope, and allocation level for, each
request for awards to be published under or
associated with--
(i) each priority area specified in
section 2(b)(2) of the Competitive,
Special, and Facilities Research Grant
Act (7 U.S.C. 450i(b)(2));
(ii) each research and extension
project carried out under section
1621(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7
U.S.C. 5811(a));
(iii) each grant to be awarded under
section 1672B(a) of the Food,
Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925b(a));
(iv) each grant awarded under section
412(d) of the Agricultural Research,
Extension, and Education Reform Act of
1998 (7 U.S.C. 7632(d)); and
(v) each grant awarded under
7405(c)(1) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C.
3319f(c)(1)); or
(D) any other information the Secretary
determines will increase congressional
oversight with respect to covered programs.
(3) Prohibition.--Unless the President submits the
information described in paragraph (2)(C) for a fiscal
year, the President may not carry out any program
during the fiscal year that is authorized under--
(A) section 2(b) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C.
450i(b));
(B) section 1621 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C.
5811);
(C) section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C.
5925b);
(D) section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7
U.S.C. 7632); or
(E) section 7405 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3319f).
(f) Report of the Secretary of Agriculture.--Each year on a
date that is not later than the date on which the President
submits the annual budget, the Secretary shall submit to
Congress a report containing a description of the agricultural
research, extension, and education activities carried out by
the Federal Government during the fiscal year that immediately
precedes the year for which the report is submitted,
including--
(1) a review of the extent to which those
activities--
(A) are duplicative or overlap within the
Department of Agriculture; or
(B) are similar to activities carried out
by--
(i) other Federal agencies;
(ii) the States (including the
District of Columbia, the Commonwealth
of Puerto Rico and other territories or
possessions of the United States);
(iii) institutions of higher
education (as defined in section 101 of
the Higher Education Act of 1965 (20
U.S.C. 1001)); or
(iv) the private sector; and
(2) for each report submitted under this section on
or after January 1, 2013, a 5-year projection of
national priorities with respect to agricultural
research, extension, and education, taking into account
domestic needs.
* * * * * * *
PART III--NEW GRANT AND RESEARCH PROGRAMS
[SEC. 7521. RESEARCH AND EDUCATION GRANTS FOR THE STUDY OF ANTIBIOTIC-
RESISTANT BACTERIA.
[(a) In General.--The Secretary shall provide research and
education grants, on a competitive basis--
[(1) to study the development of antibiotic-resistant
bacteria, including--
[(A) movement of antibiotic-resistant
bacteria into groundwater and surface water;
and
[(B) the effect on antibiotic resistance from
various drug use regimens; and
[(2) to study and ensure the judicious use of
antibiotics in veterinary and human medicine,
including--
[(A) methods and practices of animal
husbandry;
[(B) safe and effective alternatives to
antibiotics;
[(C) the development of better veterinary
diagnostics to improve decisionmaking; and
[(D) the identification of conditions or
factors that affect antibiotic use on farms.
[(b) Administration.--Paragraphs (4), (7), (8), and (11)(B)
of subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i) shall apply with respect to
the making of grants under this section.
[(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 2008 through 2012.
[SEC. 7522. FARM AND RANCH STRESS ASSISTANCE NETWORK.
[(a) In General.--The Secretary, in coordination with the
Secretary of Health and Human Services, shall make competitive
grants to support cooperative programs between State
cooperative extension services and nonprofit organizations to
establish a Farm and Ranch Stress Assistance Network that
provides stress assistance programs to individuals who are
engaged in farming, ranching, and other agriculture-related
occupations.
[(b) Eligible Programs.--Grants awarded under subsection (a)
may be used to initiate, expand, or sustain programs that
provide professional agricultural behavioral health counseling
and referral for other forms of assistance as necessary
through--
[(1) farm telephone helplines and websites;
[(2) community education;
[(3) support groups;
[(4) outreach services and activities; and
[(5) home delivery of assistance, in a case in which
a farm resident is homebound.
[(c) Extension Services.--Grants shall be awarded under this
subsection directly to State cooperative extension services to
enable the State cooperative extension services to enter into
contracts, on a multiyear basis, with nonprofit, community-
based, direct-service organizations to initiate, expand, or
sustain cooperative programs described in subsections (a) and
(b).
[(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 2008 through 2012.
[SEC. 7523. SEED DISTRIBUTION.
[(a) In General.--The Secretary shall make competitive grants
to eligible entities to carry out a seed distribution program
to administer and maintain the distribution of vegetable seeds
donated by commercial seed companies.
[(b) Purposes.--The purposes of this program include--
[(1) the distribution of seeds donated by commercial
seed companies free-of-charge to appropriate--
[(A) individuals;
[(B) groups;
[(C) institutions;
[(D) governmental and nongovernmental
organizations; and
[(E) such other entities as the Secretary may
designate;
[(2) distribution of seeds to underserved
communities, such as communities that experience--
[(A) limited access to affordable fresh
vegetables;
[(B) a high rate of hunger or food
insecurity; or
[(C) severe or persistent poverty.
[(c) Administration.--Paragraphs (4), (7), (8), and (11)(B)
of subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i) shall apply with respect to
the making of grants under this section.
[(d) Selection.--An eligible entity selected to receive a
grant under subsection (a) shall have--
[(1) expertise regarding the distribution of
vegetable seeds donated by commercial seed companies;
and
[(2) the ability to achieve the purpose of the seed
distribution program.
[(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 2008 through 2012.]
* * * * * * *
SEC. 7525. NATURAL PRODUCTS RESEARCH PROGRAM.
(a) * * *
* * * * * * *
[(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as are
necessary for each of fiscal years 2008 through 2012.]
(e) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $7,000,000 for each
of fiscal years 2013 through 2017.
SEC. 7526. SUN GRANT PROGRAM.
(a) Establishment.--The Secretary shall establish and carry
out a program to provide grants to the sun grant centers and
subcenter specified in subsection (b)--
(1) * * *
* * * * * * *
(4) to enhance the efficiency of bioenergy and
biomass research and development programs through
improved coordination and collaboration among--
(A) the Department of Agriculture;
(B) [the Department of Energy] other
appropriate Federal agencies (as determined by
the Secretary); and
* * * * * * *
(c) Use of Funds.--
(1) Competitive grants.--
(A) * * *
(B) Activities.--Grants described in
subparagraph (A) shall be used by the grant
recipient to conduct, in a manner consistent
with the purposes described in subsection (a),
multi-institutional and [multistate--
[(i) research, extension, and
education programs on technology
development; and
[(ii) integrated research, extension,
and education programs on technology
implementation.] integrated, multistate
research, extension, and education
programs on technology development and
technology implementation.
[(C) Funding allocation.--Of the amount of
funds that is used to provide grants under
subparagraph (A), the sun grant center or
subcenter shall use--
[(i) not less than 30 percent of the
funds to carry out the programs
described in subparagraph (B)(i); and
[(ii) not less than 30 percent of the
funds to carry out the programs
described in subparagraph (B)(ii).]
[(D)] (C) Administration.--
(i) * * *
* * * * * * *
(d) Plan for Research Activities to Be Funded.--
(1) In general.--Subject to the availability of funds
under subsection (g), and in cooperation with land-
grant colleges and universities and private industry
[in accordance with paragraph (2)], the sun grant
centers and subcenter shall jointly develop and submit
to the Secretary for approval a plan for addressing the
bioenergy, biomass, and [gasification] bioproducts
research priorities of the Department of Agriculture
and [the Department of Energy] other appropriate
Federal agencies at the State and regional levels.
[(2) Gasification coordination.--With respect to
gasification research activity, the sun grant centers
and subcenter shall coordinate planning with land-grant
colleges and universities in their respective regions
that have ongoing research activities in that area.]
[(3)] (2) Funding.--Funds described in subsection
(c)(2) shall be available to carry out planning
coordination under paragraph (1).
[(4)] (3) Use of plan.--The sun grant centers and
subcenter shall use the plan described in paragraph (1)
in making grants under subsection (c)(1).
(f) Annual Reports.--Not later than 90 days after the end of
each fiscal year, a sun grant center or subcenter receiving a
grant under this section shall submit to the Secretary a report
that describes the policies, priorities, and operations of the
program carried out by the center or subcenter during the
fiscal year, including--
(1) the results of all peer and merit review
procedures conducted pursuant to [subsection
(c)(1)(D)(i)] subsection (c)(1)(C)(i); and
* * * * * * *
(g) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $75,000,000 for each
of fiscal years 2008 through [2012] 2017, of which not more
than $4,000,000 for each fiscal year shall be made available to
carry out subsection (e).
[SEC. 7527. STUDY AND REPORT ON FOOD DESERTS.
[(a) Definition of Food Desert.--In this section, the term
``food desert'' means an area in the United States with limited
access to affordable and nutritious food, particularly such an
area composed of predominantly lower-income neighborhoods and
communities.
[(b) Study and Report.--The Secretary shall carry out a study
of, and prepare a report on, food deserts.
[(c) Contents.--The study and report shall--
[(1) assess the incidence and prevalence of food
deserts;
[(2) identify--
[(A) characteristics and factors causing and
influencing food deserts; and
[(B) the effect on local populations of
limited access to affordable and nutritious
food; and
[(3) provide recommendations for addressing the
causes and effects of food deserts through measures
that include--
[(A) community and economic development
initiatives;
[(B) incentives for retail food market
development, including supermarkets, small
grocery stores, and farmers' markets; and
[(C) improvements to Federal food assistance
and nutrition education programs.
[(d) Coordination With Other Agencies and Organizations.--The
Secretary shall conduct the study under this section in
coordination and consultation with--
[(1) the Secretary of Health and Human Services;
[(2) the Administrator of the Small Business
Administration;
[(3) the Institute of Medicine; and
[(4) representatives of appropriate businesses,
academic institutions, and nonprofit and faith-based
organizations.
[(e) Submission to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate the report prepared under this section, including
the findings and recommendations described in subsection (c).
[(f) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $500,000.]
* * * * * * *
[SEC. 7529. AGRICULTURAL AND RURAL TRANSPORTATION RESEARCH AND
EDUCATION.
[(a) In General.--The Secretary, in consultation with the
Secretary of Transportation, shall make competitive grants to
institutions of higher education to carry out agricultural and
rural transportation research and education activities.
[(b) Activities.--Research and education grants made under
this section shall be used to address rural transportation and
logistics needs of agricultural producers and related rural
businesses, including--
[(1) the transportation of biofuels; and
[(2) the export of agricultural products.
[(c) Selection Criteria.--
[(1) In general.--The Secretary shall award grants
under this section on the basis of the transportation
research, education, and outreach expertise of the
applicant, as determined by the Secretary.
[(2) Priority.--In awarding grants under this
section, the Secretary shall give priority to
institutions of higher education for use in
coordinating research and education activities with
other institutions of higher education with similar
agricultural and rural transportation research and
education programs.
[(d) Diversification of Research.--The Secretary shall award
grants under this section in areas that are regionally diverse
and broadly representative of the diversity of agricultural
production and related transportation needs in the rural areas
of the United States.
[(e) Matching Funds Requirement.--The Secretary shall require
each recipient of a grant under this section to provide, from
non-Federal sources, in cash or in kind, 50 percent of the cost
of carrying out activities under the grant.
[(f) Grant Review.--A grant shall be awarded under this
section on a competitive, peer- and merit-reviewed basis in
accordance with section 103(a) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7613(a)).
[(g) No Duplication.--In awarding grants under this section,
the Secretary shall ensure that activities funded under this
section do not duplicate the efforts of the University
Transportation Centers described in sections 5505 and 5506 of
title 49, United States Code.
[(h) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $5,000,000 for each
of fiscal years 2008 through 2012.]
* * * * * * *
TITLE VIII--FORESTRY
* * * * * * *
Subtitle E--Miscellaneous Provisions
* * * * * * *
[SEC. 8402. HISPANIC-SERVING INSTITUTION AGRICULTURAL LAND NATIONAL
RESOURCES LEADERSHIP PROGRAM.
[(a) Definition of Hispanic-Serving Institution.--In this
section, the term ``Hispanic-serving institution'' has the
meaning given that term in section 502(a)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1101a(a)(5)).
[(b) Grant Authority.--The Secretary of Agriculture may make
grants, on a competitive basis, to Hispanic-serving
institutions for the purpose of establishing an undergraduate
scholarship program to assist in the recruitment, retention,
and training of Hispanics and other under-represented groups in
forestry and related fields.
[(c) Use of Grant Funds.--Grants made under this section
shall be used to recruit, retain, train, and develop
professionals to work in forestry and related fields with
Federal agencies, such as the Forest Service, State agencies,
and private-sector entities.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of fiscal years
2008 through 2012 such sums as may be necessary to carry out
this section.]
* * * * * * *
TITLE IX--ENERGY
* * * * * * *
[SEC. 9002. BIOFUELS INFRASTRUCTURE STUDY.
[(a) In General.--The Secretary of Agriculture, the Secretary
of Energy, the Administrator of the Environmental Protection
Agency, and the Secretary of Transportation (referred to in
this section as the ``Secretaries''), shall jointly conduct a
study that includes--
[(1) an assessment of the infrastructure needs for
expanding the domestic production, transport, and
distribution of biofuels given current and likely
future market trends;
[(2) recommendations for infrastructure needs and
development approaches, taking into account cost and
other associated factors; and
[(3) a report that includes--
[(A) a summary of infrastructure needs;
[(B) an analysis of alternative development
approaches to meeting the needs described in
subparagraph (A), including cost, siting, and
other regulatory issues; and
[(C) recommendations for specific
infrastructure development actions to be taken.
[(b) Scope of Study.--
[(1) In general.--In conducting the study described
in subsection (a), the Secretaries shall address--
[(A) current and likely future market trends
for biofuels through calendar year 2025;
[(B) current and future availability of
feedstocks;
[(C) water resource needs, including water
requirements for biorefineries;
[(D) shipping and storage needs for biomass
feedstock and biofuels, including the adequacy
of rural roads; and
[(E) modes of transportation and delivery for
biofuels (including shipment by rail, truck,
pipeline or barge) and associated
infrastructure issues.
[(2) Considerations.--In addressing the issues
described in paragraph (1), the Secretaries shall
consider--
[(A) the effects of increased tank truck,
rail, and barge transport on existing
infrastructure and safety;
[(B) the feasibility of shipping biofuels
through pipelines in existence as the date of
enactment of this Act;
[(C) the development of new biofuels
pipelines, including siting, financing, timing,
and other economic issues;
[(D) the implications of various biofuel
blend levels on infrastructure needs;
[(E) the implications of various approaches
to infrastructure development on resource use
and conservation;
[(F) regional differences in biofuels
infrastructure needs; and
[(G) other infrastructure issues, as
determined by the Secretaries.
[(c) Implementation.--In carrying out this section, the
Secretaries --
[(1) shall--
[(A) consult with individuals and entities
with interest or expertise in the areas
described in subsection (b);
[(B) to the extent available, use the
information developed and results of the
related studies authorized under sections 243
and 245 of the Energy Independence and Security
Act of 2007 (Public Law 110-140; 121 Stat.
1540, 1546)); and
[(C) submit to Congress the report required
under subsection (a)(3), including--
[(i) in the Senate--
[(I) the Committee on
Agriculture, Nutrition, and
Forestry;
[(II) the Committee on
Commerce, Science, and
Transportation;
[(III) the Committee on
Energy and Natural Resources;
and
[(IV) the Committee on
Environment and Public Works;
and
[(ii) in the House of
Representatives--
[(I) the Committee on
Agriculture;
[(II) the Committee on Energy
and Commerce;
[(III) the Committee on
Transportation and
Infrastructure; and
[(IV) the Committee on
Science and Technology; and
[(2) may issue a solicitation for a competition to
select a contractor to support the Secretaries.
[SEC. 9003. RENEWABLE FERTILIZER STUDY.
[(a) In General.--Not later than 1 year after the date of
receipt of appropriations to carry out this section, the
Secretary shall--
[(1) conduct a study to assess the current state of
knowledge regarding the potential for the production of
fertilizer from renewable energy sources in rural
areas, including--
[(A) identification of the critical
challenges to commercialization of rural
production of nitrogen and phosphorus-based
fertilizer from renewables;
[(B) the most promising processes and
technologies for renewable fertilizer
production;
[(C) the potential cost-competitiveness of
renewable fertilizer; and
[(D) the potential impacts of renewable
fertilizer on fossil fuel use and the
environment; and
[(2) submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report describing the results of the study.
[(b) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $1,000,000 for fiscal
year 2009.]
* * * * * * *
TITLE X--HORTICULTURE AND ORGANIC AGRICULTURE
* * * * * * *
Subtitle A--Horticulture Marketing and Information
* * * * * * *
SEC. 10105. FOOD SAFETY EDUCATION INITIATIVES.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
$1,000,000 for each of fiscal years 2008 through [2012] 2017,
to remain available until expended.
* * * * * * *
SEC. 10107. SPECIALTY CROPS MARKET NEWS ALLOCATION.
(a) * * *
(b) Authorization of Appropriations.--In addition to any
other funds made available through annual appropriations for
market news services, there is authorized to be appropriated to
carry out this section $9,000,000 for each of fiscal years 2008
through [2012] 2017, to remain available until expended.
* * * * * * *
Subtitle B--Pest and Disease Management
* * * * * * *
[SEC. 10202. NATIONAL CLEAN PLANT NETWORK.
[(a) In General.--The Secretary shall establish a program to
be known as the ``National Clean Plant Network'' (referred to
in this section as the ``Program'').
[(b) Requirements.--Under the Program, the Secretary shall
establish a network of clean plant centers for diagnostic and
pathogen elimination services to--
[(1) produce clean propagative plant material; and
[(2) maintain blocks of pathogen-tested plant
material in sites located throughout the United States.
[(c) Availability of Clean Plant Source Material.--Clean
plant source material may be made available to--
[(1) a State for a certified plant program of the
State; and
[(2) private nurseries and producers.
[(d) Consultation and Collaboration.--In carrying out the
Program, the Secretary shall--
[(1) consult with State departments of agriculture,
land grant universities, and NLGCA Institutions (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)); and
[(2) to the extent practicable and with input from
the appropriate State officials and industry
representatives, use existing Federal or State
facilities to serve as clean plant centers.
[(e) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out the Program
$5,000,000 for each of fiscal years 2009 through 2012, to
remain available until expended.]
* * * * * * *
Subtitle D--Miscellaneous
* * * * * * *
[SEC. 10403. GRANT PROGRAM TO IMPROVE MOVEMENT OF SPECIALTY CROPS.
[(a) Grants Authorized.--The Secretary may make grants under
this section to an eligible entity described in subsection
(b)--
[(1) to improve the cost-effective movement of
specialty crops to local, regional, national, and
international markets; and
[(2) to address regional intermodal transportation
deficiencies that adversely affect the movement of
specialty crops to markets inside or outside the United
States.
[(b) Eligible Grant Recipients.--Grants may be made under
this section to any of, or any combination of:
[(1) State and local governments.
[(2) Grower cooperatives.
[(3) National, State, or regional organizations of
producers, shippers, or carriers.
[(4) Other entities as determined to be appropriate
by the Secretary.
[(c) Matching Funds.--The recipient of a grant under this
section shall contribute an amount of non-Federal funds toward
the project for which the grant is provided that is at least
equal to the amount of grant funds received by the recipient
under this section.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as are
necessary for each of fiscal years 2008 through 2012.]
* * * * * * *
TITLE XI--LIVESTOCK
* * * * * * *
[SEC. 11006. REGULATIONS.
[As soon as practicable, but not later than 2 years after the
date of the enactment of this Act, the Secretary of Agriculture
shall promulgate regulations with respect to the Packers and
Stockyards Act, 1921 (7 U.S.C. 181 et seq.) to establish
criteria that the Secretary will consider in determining--
[(1) whether an undue or unreasonable preference or
advantage has occurred in violation of such Act;
[(2) whether a live poultry dealer has provided
reasonable notice to poultry growers of any suspension
of the delivery of birds under a poultry growing
arrangement;
[(3) when a requirement of additional capital
investments over the life of a poultry growing
arrangement or swine production contract constitutes a
violation of such Act; and
[(4) if a live poultry dealer or swine contractor has
provided a reasonable period of time for a poultry
grower or a swine production contract grower to remedy
a breach of contract that could lead to termination of
the poultry growing arrangement or swine production
contract.]
* * * * * * *
SEC. 11013. NATIONAL AQUATIC ANIMAL HEALTH PLAN.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--There is authorized to
be appropriated such sums as may be necessary to carry out this
section for each of fiscal years 2008 through [2012] 2017.
* * * * * * *
TITLE XIV--MISCELLANEOUS
Subtitle A--Socially Disadvantaged Producers and Limited Resource
Producers
* * * * * * *
CHAPTER 1--AGRICULTURAL SECURITY
* * * * * * *
SEC. 14112. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.
(a) * * *
* * * * * * *
[(c) Authorization of Appropriations.--There is authorized to
be appropriated such sums as may be necessary to carry out this
section for each of fiscal years 2008 through 2012.]
(c) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) such sums as are necessary for each of fiscal
years 2008 through 2012; and
(2) $2,000,000 for each of fiscal years 2013 through
2017.
SEC. 14113. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL
BIOSECURITY PLANNING, PREPAREDNESS, AND RESPONSE.
(a) Advanced Training Programs.--
(1) * * *
(2) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary [such
sums as may be necessary] to carry out this [subsection
for each of fiscal years 2008 through 2012.]
subsection--
(1) such sums as are necessary for each of fiscal
years 2008 through 2012; and
(2) $15,000,000 for each of fiscal years 2013 through
2017.
(b) Assessment of Response Capability.--
(1) * * *
(2) Authorization of appropriations.--There [is
authorized to be appropriated to carry out this
subsection $25,000,000 for each of fiscal years 2008
through 2012.] are authorized to be appropriated to
carry out this subsection--
(1) $25,000,000 for each of fiscal years 2008 through
2012; and
(2) $15,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
CHAPTER 2--OTHER PROVISIONS
SEC. 14121. RESEARCH AND DEVELOPMENT OF AGRICULTURAL COUNTERMEASURES.
(a) * * *
(b) Authorization of Appropriations.--There [is authorized to
be appropriated to carry out this section $50,000,000 for each
of fiscal years 2008 through 2012.] are authorized to be
appropriated to carry out this section--
(1) $50,000,000 for each of fiscal years 2008 through
2012; and
(2) $15,000,000 for each of fiscal years 2013 through
2017.
SEC. 14122. AGRICULTURAL BIOSECURITY GRANT PROGRAM.
(a) * * *
* * * * * * *
(e) Authorization of Appropriations.--There are authorized to
be appropriated [sums as are necessary] to carry out this
[section for each of fiscal years 2008 through 2012, to remain
available until expended.] section--
(1) such sums as are necessary for each of fiscal
years 2008 through 2012, to remain available until
expended; and
(2) $5,000,000 for each of fiscal years 2013 through
2017, to remain available until expended.
* * * * * * *
Subtitle C--Other Miscellaneous Provisions
* * * * * * *
SEC. 14204. GRANTS TO IMPROVE SUPPLY, STABILITY, SAFETY, AND TRAINING
OF AGRICULTURAL LABOR FORCE.
(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 2008 through 2012.]
(d) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) such sums as are necessary for each of fiscal
years 2008 through 2012; and
(2) $10,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
SEC. 14212. PROHIBITION ON CLOSURE OR RELOCATION OF COUNTY OFFICES FOR
THE FARM SERVICE AGENCY.
[(a) Temporary Prohibition.--
[(1) In general.--Subject to paragraph (2), until the
date that is two years after the date of the enactment
of this Act, the Secretary of Agriculture may not close
or relocate a county or field office of the Farm
Service Agency.
[(2) Exception.--Paragraph (1) shall not apply to--
[(A) an office that is located not more than
20 miles from another office of the Farm
Service Agency; or
[(B) the relocation of an office within the
same county in the course of routine leasing
operations.]
(a) Prohibition on Closure or Relocation of Offices With High
Workload Volume.--The Secretary of Agriculture may not close or
relocate a county or field office of the Farm Service Agency in
a State if the Secretary determines, after conducting the
evaluation required under subsection (b)(1)(B), that the office
has a high workload volume compared with other county offices
in the State.
(b) Limitation on Closure; Notice.--
(1) Limitation.--After the period referred to in
subsection (a)(1), the Secretary shall, before closing
any office of the Farm Service Agency that is located
more than 20 miles from another office of [the Farm
Service Agency, to the maximum extent practicable] the
Farm Service Agency--
(A) to the maximum extent practicable, first
close any offices of the Farm Service Agency
that--
[(A)] (i) are located less than 20
miles from another office of the Farm
Service Agency; and
[(B)] (ii) have two or fewer
permanent full-time employees[.] as of
the date of the enactment of this Act;
and
(B) conduct and complete an evaluation of all
workload assessments for Farm Service Agency
county offices that were open and operational
as of January 1, 2012, during the period that
begins on a date that is not later than 180
days after the date of the enactment of the
Federal Agriculture Reform and Risk Management
Act of 2012 and ends on the date that is 18
months after such date of enactment.
* * * * * * *
----------
FEDERAL AGRICULTURE IMPROVEMENT AND REFORM ACT OF 1996
* * * * * * *
TITLE I--AGRICULTURAL MARKET TRANSITION ACT
* * * * * * *
Subtitle D--Other Commodities
* * * * * * *
CHAPTER 2--SUGAR
* * * * * * *
SEC. 156. SUGAR PROGRAM.
(a) Sugarcane.--The Secretary shall make loans available to
processors of domestically grown sugarcane at a rate equal to--
(1) * * *
* * * * * * *
(5) 18.75 cents per pound for raw cane sugar for [the
2012 crop year] each of the 2012 through 2017 crop
years.
(b) Sugar Beets.--The Secretary shall make loans available to
processors of domestically grown sugar beets at a rate equal
to--
(1) * * *
(2) a rate that is equal to 128.5 percent of the loan
rate per pound of raw cane sugar for the applicable
crop year under subsection (a) for each of the 2009
through [2012] 2017 crop years.
* * * * * * *
(i) Effective Period.--This section shall be effective only
for the 2008 through [2012] 2017 crops of sugar beets and
sugarcane.
Subtitle E--Administration
* * * * * * *
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 title I of the Farm Security and Rural
Investment Act of 2002, [and title I of the Food, Conservation,
and Energy Act of 2008] title I of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8702 et seq.), and title I of the
Federal Agriculture Reform and Risk Management Act of 2012
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) * * *
* * * * * * *
(3) a failure or refusal to deliver a commodity in
accordance with a program established under this title,
title I of the Farm Security and Rural Investment Act
of 2002, [and title I of the Food, Conservation, and
Energy Act of 2008] title I of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8702 et seq.), and
title I of the Federal Agriculture Reform and Risk
Management Act of 2012.
(c) Acquisition of Collateral.--In the case of a nonrecourse
loan made under this title, title I of the Farm Security and
Rural Investment Act of 2002, [and title I of the Food,
Conservation, and Energy Act of 2008] title I of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.),
and title I of the Federal Agriculture Reform and Risk
Management Act of 2012 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.
* * * * * * *
Subtitle H--Miscellaneous Commodity Provisions
* * * * * * *
SEC. 196. ADMINISTRATION AND OPERATION OF NONINSURED CROP ASSISTANCE
PROGRAM.
(a) Operation and Administration of Program.--
[(1) In general.--In the case of an eligible crop
described in paragraph (2), the Secretary of
Agriculture shall operate a noninsured crop disaster
assistance program to provide coverage equivalent to
the catastrophic risk protection otherwise available
under section 508(b) of the Federal Crop Insurance Act
(7 U.S.C. 1508(b)). The Secretary shall carry out this
section through the Consolidated Farm Service Agency
(in this section referred to as the ``Agency'').]
(1) In general.--
(A) Coverages.--In the case of an eligible
crop described in paragraph (2), the Secretary
of Agriculture shall operate a noninsured crop
disaster assistance program to provide
coverages based on individual yields (other
than for value-loss crops) equivalent to--
(i) catastrophic risk protection
available under section 508(b) of the
Federal Crop Insurance Act (7 U.S.C.
1508(b)); or
(ii) additional coverage available
under subsections (c) and (h) of
section 508 of that Act (7 U.S.C. 1508)
that does not exceed 65 percent.
(B) Administration.--The Secretary shall
carry out this section through the Farm Service
Agency (referred to in this section as the
``Agency'').
(2) Eligible crops.--
(A) In general.--In this section, the term
``eligible crop'' means each commercial crop or
other agricultural commodity (except
livestock)--
(i) for which catastrophic risk
protection under section 508(b) of the
Federal Crop Insurance Act (7 U.S.C.
1508(b)) is not available; [and]
(ii) for which additional coverage
under subsections (c) and (h) of
section 508 of that Act (7 U.S.C. 1508)
is not available; and
[(ii)] (iii) that is produced for
food or fiber.
* * * * * * *
(4) Program [ineligibility] benefit reduction
relating to crop production on native sod.--
(A) Definition of native sod.--In this
paragraph, the term ``native sod'' means land--
(i) * * *
(ii) that has never been tilled, or
the producer cannot substantiate that
the ground has ever been tilled, for
the production of an annual crop as of
the date of enactment of this
paragraph.
* * * * * * *
(B) [Ineligibility] Reduction in for
benefits.--
(i) In general.--Subject to clause
(ii) and subparagraph (C), native sod
acreage that has been tilled for the
production of an annual crop after the
date of enactment of this paragraph
shall be ineligible during the first 5
crop years of planting, as determined
by the Secretary, [for benefits under--
[(I) this section; and
[(II) the Federal Crop
Insurance Act (7 U.S.C. 1501 et
seq.).] for--
(I) benefits under this
section;
(II) a portion of crop
insurance premium subsidies
under the Federal Crop
Insurance Act (7 U.S.C. 1501 et
seq.) in accordance with
subparagraph (C); and
(III) payments described in
subsection (b) or (c) of
section 1001 of the Food
Security Act of 1985 (7 U.S.C.
1308).
* * * * * * *
[(C) Application.--Subparagraph (B) may apply
to native sod acreage in the Prairie Pothole
National Priority Area at the election of the
Governor of the respective State.]
(C) Administration.--
(i) In general.--During the first 4
crop years of planting on native sod
acreage by a producer described in
subparagraph (B)--
(I) subparagraph (B) shall
apply to 65 percent of the
transitional yield of the
producer; and
(II) the crop insurance
premium subsidy provided for
the producer under the Federal
Crop Insurance Act (7 U.S.C.
1501 et seq.) shall be 50
percentage points less than the
premium subsidy that would
otherwise apply.
(ii) Yield substitution.--During the
period native sod acreage is covered by
this paragraph, a producer may not
substitute yields for the native sod
acreage.
(D) Application.--This paragraph shall only
apply to native sod in the Prairie Pothole
National Priority Area.
* * * * * * *
(d) Payment.--[The Secretary] Subject to subsection (l), the
Secretary shall make available to a producer eligible for
noninsured assistance under this section a payment computed by
multiplying--
(1) * * *
* * * * * * *
(l) Payment Equivalent to Additional Coverage.--
(1) In general.--The Secretary shall make available
to a producer eligible for noninsured assistance under
this section a payment equivalent to an indemnity for
additional coverage under subsections (c) and (h) of
section 508 of the Federal Crop Insurance Act (7 U.S.C.
1508) that does not exceed 65 percent of the
established yield for the eligible crop on the farm,
computed by multiplying--
(A) the quantity that is not greater than 65
percent of the established yield for the crop,
as determined by the Secretary, specified in
increments of 5 percent;
(B) 100 percent of the average market price
for the crop, as determined by the Secretary;
and
(C) a payment rate for the type of crop, as
determined by the Secretary, that reflects--
(i) in the case of a crop that is
produced with a significant and
variable harvesting expense, the
decreasing cost incurred in the
production cycle for the crop that is,
as applicable--
(I) harvested;
(II) planted but not
harvested; or
(III) prevented from being
planted because of drought,
flood, or other natural
disaster, as determined by the
Secretary; or
(ii) in the case of a crop that is
produced without a significant and
variable harvesting expense, such rate
as shall be determined by the
Secretary.
(2) Premium.--To be eligible to receive a payment
under this subsection, a producer shall pay--
(A) the service fee required by subsection
(k); and
(B) a premium for the applicable crop year
that is equal to the product obtained by
multiplying--
(i) the number of acres devoted to
the eligible crop;
(ii) the established yield for the
eligible crop, as determined by the
Secretary under subsection (e);
(iii) the coverage level elected by
the producer;
(iv) the average market price, as
determined by the Secretary; and
(v) .0525.
(3) Limited resource, beginning, and socially
disadvantaged farmers.--The additional coverage made
available under this subsection shall be available to
limited resource, beginning, and socially disadvantaged
producers, as determined by the Secretary, in exchange
for a premium that is 50 percent of the premium
determined for a producer under paragraph (2).
(4) Premium payment and application deadline.--
(A) Premium payment.--A producer electing
additional coverage under this subsection shall
pay the premium amount owed for the additional
coverage by September 30 of the crop year for
which the additional coverage is purchased.
(B) Application deadline.--The latest date on
which additional coverage under this subsection
may be elected shall be the application closing
date described in subsection (b)(1).
(5) Effective date.--Additional coverage under this
subsection shall be available beginning with the 2014
crop.
* * * * * * *
TITLE VIII--RESEARCH, EXTENSION, AND EDUCATION
* * * * * * *
Subtitle D--Miscellaneous Research Provisions
* * * * * * *
[SEC. 892. USE OF REMOTE SENSING DATA AND OTHER DATA TO ANTICIPATE
POTENTIAL FOOD, FEED, AND FIBER SHORTAGES OR
EXCESSES AND TO PROVIDE TIMELY INFORMATION TO
ASSIST FARMERS WITH PLANTING DECISIONS.
[(a) Findings.--Congress finds that--
[(1) remote sensing data can be useful to predict
impending famine problems and forest infestations in
time to allow remedial action;
[(2) remote sensing data can inform the agricultural
community as to the condition of crops and the land
that sustains those crops; and
[(3) remote sensing data and other data can be
valuable, when received on a timely basis, in
determining the need for additional plantings of a
particular crop or a substitute crop.
[(b) Information Development.--The Secretary of Agriculture
and the Administrator of the National Aeronautics and Space
Administration, maximizing private funding and involvement,
shall provide farmers and other interested persons with timely
information, through remote sensing, on crop conditions,
fertilization and irrigation needs, pest infiltration, soil
conditions, projected food, feed, and fiber production, and any
other information available through remote sensing.
[(c) Coordination.--The Secretary of Agriculture and the
Administrator of the National Aeronautics and Space
Administration shall jointly develop a proposal to provide
farmers and other prospective users with supply and demand
information for food and fibers.
[(d) Sunset.--The authorities provided by this section shall
expire 5 years after the date of enactment of this Act.]
----------
AGRICULTURAL ADJUSTMENT ACT OF 1938
* * * * * * *
TITLE III--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING
QUOTAS, AND MARKETING CERTIFICATES
* * * * * * *
Subtitle B--Marketing Quotas
* * * * * * *
PART VII--FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR
* * * * * * *
SEC. 359B. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.
(a) Sugar Estimates.--
(1) In general.--Not later than August 1 before the
beginning of each of the 2008 through [2012] 2017 crop
years for sugarcane and sugar beets, the Secretary
shall estimate--
(A) * * *
* * * * * * *
SEC. 359F. PROVISIONS APPLICABLE TO PRODUCERS.
(a) * * *
* * * * * * *
(c) Proportionate Shares of Certain Allotments.--
(1) Definition of seed.--
(A) * * *
(B) Exclusion.--The term ``seed'' does not
include seed of a high-fiber cane variety
dedicated to other uses, as determined by the
Secretary.
* * * * * * *
SEC. 359L. PERIOD OF EFFECTIVENESS.
(a) In General.--This part shall be effective only for the
2008 through [2012] 2017 crop years for sugar.
* * * * * * *
----------
FOOD SECURITY ACT OF 1985
* * * * * * *
TITLE X--GENERAL COMMODITY PROVISIONS
Subtitle A--Miscellaneous Commodity Provisions
SEC. 1001. PAYMENT LIMITATIONS.
(a) * * *
[(b) Limitation on Direct Payments, Counter-Cyclical
Payments, and ACRE Payments for Covered Commodities (other Than
Peanuts).--
[(1) Direct payments.--The total amount of direct
payments received, directly or indirectly, by a person
or legal entity (except a joint venture or a general
partnership) for any crop year under subtitle A of
title I of the Food, Conservation, and Energy Act of
2008 for 1 or more covered commodities (except for
peanuts) may not exceed--
[(A) in the case of a person or legal entity
that does not participate in the average crop
revenue election program under section 1105 of
that Act, $40,000; or
[(B) in the case of a person or legal entity
that participates in the average crop revenue
election program under section 1105 of that
Act, an amount equal to--
[(i) the payment limit specified in
subparagraph (A); less
[(ii) the amount of the reduction in
direct payments under section
1105(a)(1) of that Act.
[(2) Counter-cyclical payments.--In the case of a
person or legal entity (except a joint venture or a
general partnership) that does not participate in the
average crop revenue election program under section
1105 of the Food, Conservation, and Energy Act of 2008,
the total amount of counter-cyclical payments received,
directly or indirectly, by the person or legal entity
for any crop year under subtitle A of title I of that
Act for 1 or more covered commodities (except for
peanuts) may not exceed $65,000.
[(3) ACRE and counter-cyclical payments.--In the case
of a person or legal entity (except a joint venture or
a general partnership) that participates in the average
crop revenue election program under section 1105 of the
Food, Conservation, and Energy Act of 2008, the total
amount of average crop revenue election payments and
counter-cyclical payments received, directly or
indirectly, by the person or legal entity for any crop
year for 1 or more covered commodities (except for
peanuts) may not exceed the sum of--
[(A) $65,000; and
[(B) the amount by which the direct payment
limitation is reduced under paragraph (1)(B).
[(c) Limitation on Direct Payments, Counter-Cyclical
Payments, and ACRE Payments for Peanuts.--
[(1) Direct payments.--The total amount of direct
payments received, directly or indirectly, by a person
or legal entity (except a joint venture or a general
partnership) for any crop year under subtitle C of
title I of the Food, Conservation, and Energy Act of
2008 for peanuts may not exceed--
[(A) in the case of a person or legal entity
that does not participate in the average crop
revenue election program under section 1105 of
that Act, $40,000; or
[(B) in the case of a person or legal entity
that participates in the average crop revenue
election program under section 1105 of that
Act, an amount equal to--
[(i) the payment limit specified in
subparagraph (A); less
[(ii) the amount of the reduction in
direct payments under section
1105(a)(1) of that Act.
[(2) Counter-cyclical payments.--In the case of a
person or legal entity (except a joint venture or a
general partnership) that does not participate in the
average crop revenue election program under section
1105 of the Food, Conservation, and Energy Act of 2008,
the total amount of counter-cyclical payments received,
directly or indirectly, by the person or legal entity
for any crop year under subtitle C of title I of that
Act for peanuts may not exceed $65,000.
[(3) ACRE and counter-cyclical payments.--In the case
of a person or legal entity (except a joint venture or
a general partnership) that participates in the average
crop revenue election program under section 1105 of the
Food, Conservation, and Energy Act of 2008, the total
amount of average crop revenue election payments
received, directly or indirectly, by the person or
legal entity for any crop year for peanuts may not
exceed the sum of--
[(A) $65,000; and
[(B) the amount by which the direct payment
limitation is reduced under paragraph (1)(B).]
(b) Limitation on Payments for Covered Commodities (Other
Than Peanuts).--The total amount of payments received, directly
or indirectly, by a person or legal entity (except a joint
venture or general partnership) for any crop year under
subtitle A of title I of the Federal Agriculture Reform and
Risk Management Act of 2012 for 1 or more covered commodities
(other than peanuts) may not exceed $125,000.
(c) Limitation on Payments for Peanuts.--The total amount of
payments received, directly or indirectly, by a person or legal
entity (except a joint venture or general partnership) for any
crop year under subtitle A of title I of the Federal
Agriculture Reform and Risk Management Act of 2012 for peanuts
may not exceed $125,000.
(d) Limitation on Applicability.--Nothing in this section
authorizes any limitation on any benefit associated with the
marketing assistance loan program or the loan deficiency
payment program under title I of the Food, Conservation, and
Energy Act of 2008 or title I of the Federal Agriculture Reform
and Risk Management Act of 2012.
* * * * * * *
(f) Special Rules.--
(1) * * *
* * * * * * *
(5) Federal agencies.--
(A) In general.--Notwithstanding subsection
(d), a Federal agency shall not be eligible to
receive any payment, benefit, or loan under
title I of the Food, Conservation, and Energy
Act of 2008 [or title XII], title I of the
Federal Agriculture Reform and Risk Management
Act of 2012, or title XII of this Act.
* * * * * * *
(6) State and local governments.--
(A) In general.--Notwithstanding subsection
(d), except as provided in subsection (g), a
State or local government, or political
subdivision or agency of the government, shall
not be eligible to receive any payment,
benefit, or loan under title I of the Food,
Conservation, and Energy Act of 2008 [or title
XII], title I of the Federal Agriculture Reform
and Risk Management Act of 2012, or title XII
of this Act.
* * * * * * *
SEC. 1001C. FOREIGN PERSONS MADE INELIGIBLE FOR PROGRAM BENEFITS.
Notwithstanding any other provision of law:
(a) In General.--Any person who is not a citizen of the
United States or an alien lawfully admitted into the United
States for permanent residence under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) shall be ineligible to
receive any type of loans or payments made available under
title I of the Food, Conservation, and Energy Act of 2008,
title I of the Federal Agriculture Reform and Risk Management
Act of 2012, the Agricultural Market Transition Act, the
Commodity Credit Corporation Charter Act (15 U.S.C. 714 et
seq.), or subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3831 et seq.), or under any contract entered
into under title XII, with respect to any commodity produced,
or land set aside from production, on a farm that is owned or
operated by such person, unless such person is an individual
who is providing land, capital, and a substantial amount of
personal labor in the production of crops on such farm.
* * * * * * *
SEC. 1001D. ADJUSTED GROSS INCOME LIMITATION.
(a) Definitions.--
[(1) In general.--In this section:
[(A) Average adjusted gross income.--The term
``average adjusted gross income'', with respect
to a person or legal entity, means the average
of the adjusted gross income or comparable
measure of the person or legal entity over the
3 taxable years preceding the most immediately
preceding complete taxable year, as determined
by the Secretary.
[(B) Average adjusted gross farm income.--The
term ``average adjusted gross farm income'',
with respect to a person or legal entity, means
the average of the portion of adjusted gross
income of the person or legal entity that is
attributable to activities related to farming,
ranching, or forestry for the 3 taxable years
described in subparagraph (A), as determined by
the Secretary in accordance with subsection
(c).
[(C) Average adjusted gross nonfarm income.--
The term ``average adjusted gross nonfarm
income'', with respect to a person or legal
entity, means the difference between--
[(i) the average adjusted gross
income of the person or legal entity;
and
[(ii) the average adjusted gross farm
income of the person or legal entity.]
(1) Average adjusted gross income.--In this section,
the term ``average adjusted gross income'', with
respect to a person or legal entity, means the average
of the adjusted gross income or comparable measure of
the person or legal entity over the 3 taxable years
preceding the most immediately preceding complete
taxable year, as determined by the Secretary.
(2) Special rules for certain persons and legal
entities.--In the case of a legal entity that is not
required to file a Federal income tax return or a
person or legal entity that did not have taxable income
in 1 or more of the taxable years used to determine the
average under [subparagraph (A) or (B) of] paragraph
(1), the Secretary shall provide, by regulation, a
method for determining the average adjusted gross
income[, the average adjusted gross farm income, and
the average adjusted gross nonfarm income] of the
person or legal entity for purposes of this section.
(3) Allocation of income.--On the request of any
person filing a joint tax return, the Secretary shall
provide for the allocation of average adjusted gross
income[, average adjusted gross farm income, and
average adjusted gross nonfarm income] among the
persons filing the return if--
(A) the person provides a certified statement
by a certified public accountant or attorney
that specifies the method by which the average
adjusted gross income[, average adjusted gross
farm income, and average adjusted gross nonfarm
income] would have been declared and reported
had the persons filed 2 separate returns; and
* * * * * * *
(b) [Limitations] Limitations on Commodity and Conservation
Programs.--
[(1) Commodity programs.--
[(A) Nonfarm limitation.--Notwithstanding any
other provision of law, a person or legal
entity shall not be eligible to receive any
benefit described in subparagraph (C) during a
crop, fiscal, or program year, as appropriate,
if the average adjusted gross nonfarm income of
the person or legal entity exceeds $500,000.
[(B) Farm limitation.--Notwithstanding any
other provision of law, a person or legal
entity shall not be eligible to receive a
direct payment under subtitle A or C of title I
of the Food, Conservation, and Energy Act of
2008 during a crop year, if the average
adjusted gross farm income of the person or
legal entity exceeds $750,000.
[(C) Covered benefits.--Subparagraph (A)
applies with respect to the following:
[(i) A direct payment or counter-
cyclical payment under subtitle A or C
of title I of the Food, Conservation,
and Energy Act of 2008 or an average
crop revenue election payment under
subtitle A of title I of that Act.
[(ii) A marketing loan gain or loan
deficiency payment under subtitle B or
C of title I of the Food, Conservation,
and Energy Act of 2008.
[(iii) A payment or benefit under
section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7
U.S.C. 7333).
[(iv) A payment or benefit under
section 1506 of the Food, Conservation,
and Energy Act of 2008.
[(v) A payment or benefit under title
IX of the Trade Act of 1974 or subtitle
B of the Federal Crop Insurance Act.
[(2) Conservation programs.--
[(A) Limits.--
[(i) In general.--Notwithstanding any
other provision of law, except as
provided in clause (ii), a person or
legal entity shall not be eligible to
receive any benefit described in
subparagraph (B) during a crop, fiscal,
or program year, as appropriate, if the
average adjusted gross nonfarm income
of the person or legal entity exceeds
$1,000,000, unless not less than 66.66
percent of the average adjusted gross
income of the person or legal entity is
average adjusted gross farm income.
[(ii) Exception.--The Secretary may
waive the limitation established under
clause (i) on a case-by-case basis if
the Secretary determines that
environmentally sensitive land of
special significance would be
protected.
[(B) Covered benefits.--Subparagraph (A)
applies with respect to the following:
[(i) A payment or benefit under title
XII of this Act.
[(ii) A payment or benefit under
title II of the Farm Security and Rural
Investment Act of 2002 (Public Law 107-
171; 116 Stat. 223) or title II of the
Food, Conservation, and Energy Act of
2008.
[(iii) A payment or benefit under
section 524(b) of the Federal Crop
Insurance Act (7 U.S.C. 1524(b)).]
(1) Limitation.--Notwithstanding any other provision
of law, a person or legal entity shall not be eligible
to receive any benefit described in paragraph (2)
during a crop, fiscal, or program year, as appropriate,
if the average adjusted gross income of the person or
legal entity exceeds $950,000.
(2) Covered benefits.--Paragraph (1) applies with
respect to a payment or benefit under section 1107,
subtitle B or E of title I, or title II of the Federal
Agriculture Reform and Risk Management Act of 2012,
title II of the Farm Security and Rural Investment Act
of 2002, title II of the Food, Conservation, and Energy
Act of 2008, title XII of the Food Security Act of
1985, section 524(b) of the Federal Crop Insurance Act
(7 U.S.C. 1524(b)), or section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
[(c) Income Determination.--
[(1) In general.--In determining the average adjusted
gross farm income of a person or legal entity, the
Secretary shall include income or benefits derived from
or related to--
[(A) the production of crops, including
specialty crops (as defined in section 3 of the
Specialty Crops Competitiveness Act of 2004 (7
U.S.C. 1621 note; Public Law 108-465)) and
unfinished raw forestry products;
[(B) the production of livestock (including
cattle, elk, reindeer, bison, horses, deer,
sheep, goats, swine, poultry, fish, and other
aquacultural products used for food, honeybees,
and other animals designated by the Secretary)
and products produced by, or derived from,
livestock;
[(C) the production of farm-based renewable
energy (as defined in section 9001 of the Farm
Security and Rural Investment Act of 2002 (7
U.S.C. 8101));
[(D) the sale, including the sale of
easements and development rights, of farm,
ranch, or forestry land, water or hunting
rights, or environmental benefits;
[(E) the rental or lease of land or equipment
used for farming, ranching, or forestry
operations, including water or hunting rights;
[(F) the processing (including packing),
storing (including shedding), and transporting
of farm, ranch, and forestry commodities,
including renewable energy;
[(G) the feeding, rearing, or finishing of
livestock;
[(H) the sale of land that has been used for
agriculture;
[(I) payments or other benefits received
under any program authorized under title I of
the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7901 et seq.) or title I of the
Food, Conservation, and Energy Act of 2008;
[(J) payments or other benefits received
under any program authorized under title XII of
this Act, title II of the Farm Security and
Rural Investment Act of 2002 (Public Law 107-
171; 116 Stat. 223), or title II of the Food,
Conservation, and Energy Act of 2008;
[(K) payments or other benefits received
under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C.
7333);
[(L) payments or other benefits received
under title IX of the Trade Act of 1974 or
subtitle B of the Federal Crop Insurance Act;
[(M) risk management practices, including
benefits received under a program authorized
under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) (including a catastrophic risk
protection plan offered under section 508(b) of
that Act (7 U.S.C. 1508(b))); and
[(N) any other activity related to farming,
ranching, or forestry, as determined by the
Secretary.
[(2) Income derived from farming, ranching, or
forestry.--In determining the average adjusted gross
farm income of a person or legal entity, in addition to
the inclusions described in paragraph (1), the
Secretary shall include any income reported on the
Schedule F or other schedule used by the person or
legal entity to report income from farming, ranching,
or forestry operations to the Internal Revenue Service,
to the extent such income is not already included under
paragraph (1).
[(3) Special rule.--If not less than 66.66 percent of
the average adjusted gross income of a person or legal
entity is derived from farming, ranching, or forestry
operations described in paragraphs (1) and (2), in
determining the average adjusted gross farm income of
the person or legal entity, the Secretary shall also
include--
[(A) the sale of equipment to conduct farm,
ranch, or forestry operations; and
[(B) the provision of production inputs and
services to farmers, ranchers, foresters, and
farm operations.]
[(d)] (c) Enforcement.--
(1) In general.--To comply with subsection (b), at
least once every 3 years a person or legal entity shall
provide to the Secretary--
(A) a certification by a certified public
accountant or another third party that is
acceptable to the Secretary that the average
adjusted gross income[, average adjusted gross
farm income, and average adjusted gross nonfarm
income] of the person or legal entity does not
exceed the applicable limitation specified in
that subsection; or
(B) information and documentation regarding
the average adjusted gross income[, average
adjusted gross farm income, and average
adjusted gross nonfarm income] of the person or
legal entity through other procedures
established by the Secretary.
(2) Denial of program benefits.--If the Secretary
determines that a person or legal entity has failed to
comply with this section, the Secretary shall deny the
issuance of applicable payments and benefits specified
in [paragraphs (1)(C) and (2)(B) of subsection (b)]
subsection (b)(2) to the person or legal entity, under
similar terms and conditions as described in section
1001B.
* * * * * * *
[(e)] (d) Commensurate Reduction.--In the case of a payment
or benefit described in [paragraphs (1)(C) and (2)(B) of
subsection (b)] subsection (b)(2) made in a crop, program, or
fiscal year, as appropriate, to an entity, general partnership,
or joint venture, the amount of the payment or benefit shall be
reduced by an amount that is commensurate with the direct and
indirect ownership interest in the entity, general partnership,
or joint venture of each person who has an average adjusted
gross income[, average adjusted gross farm income, or average
adjusted gross nonfarm income] in excess of the applicable
limitation specified in subsection (b).
[(f)] (e) Effective Period.--This section shall apply only
during the [2009 through 2012] 2013 through 2017 crop, program,
or fiscal years, as appropriate.
* * * * * * *
TITLE XI--TRADE
* * * * * * *
Subtitle D--Agricultural Imports
* * * * * * *
[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, 2012,
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.
[(b) The program established under subsection (a) shall
provide for the Corporation to make payments, on a bid basis,
to an entity that sells for export United States dairy
products. The Secretary shall have sole discretion to accept or
reject bids under such criteria as the Secretary deems
appropriate.
[(c) The program shall be operated under such rules and
regulations issued by the Secretary as the Secretary deems
necessary to ensure, among other things, that--
[(1) payments may be made under the program only on
the quantity of dairy products sold by an entity for
export in any year that is in addition to, and not in
place of, any export sales of dairy products that the
entity would otherwise make in the absence of the
program;
[(2) to the extent practicable, dairy products sold
for export under the program will not displace
commercial export sales of United States dairy products
by other exporters;
[(3) the maximum volume of dairy product exports
allowable consistent with the obligations of the United
States under the Uruguay Round Agreements approved
under section 101 of the Uruguay Round Agreements Act
(19 U.S.C. 3511) is exported under the program each
year (minus the volume sold under section 1163 of this
Act during that year), except to the extent that the
export of such a volume under the program would, in the
judgment of the Secretary, exceed the limitations on
the value permitted under subsection (f); and
[(4) payments may be made under the program for
exports to any destination in the world for the purpose
of market development, except a destination in a
country with respect to which shipments from the United
States are otherwise restricted by law.
[(d)(1) The regulations issued by the Secretary may provide
for payments under the program to be made in cash or in
commodities of equal value that are available in Commodity
Credit Corporation stock.
[(2) If payments in commodities are authorized, such payments
shall be made through the issuance of generic certificates
redeemable in commodities.
[(3) If generic certificates issued in accordance with the
program provided for by this section are exchanged for dairy
products owned by the Commodity Credit Corporation, the
regulations issued by the Secretary shall ensure that--
[(A) such dairy products, or an equal quantity of
other dairy products, will be sold for export by the
entity; and
[(B) any such export sales by the entity--
[(i) will be in addition to, and not in place
of, export sales of dairy products that the
entity would otherwise make under the program
or in the absence of the program; and
[(ii) to the extent practicable, will not
displace commercial export sales of United
States dairy products by other exporters.
[(e)(1) The payments made under the program shall be made at
a rate or rates established or approved by the Secretary,
taking into consideration, among other things the type of
product to be exported, the domestic price of dairy products,
the world price of the dairy products, and any additional
amount that may be required to assist in the development of
world markets for United States dairy products.
[(2) Any such rate established or approved by the Secretary
shall be published in the Federal Register or publicly
announced through other appropriate means, and shall be at a
level or levels as will encourage the exportation of United
States dairy products by entities.
[(f) Required Funding.--
[(1) Funds and commodities.--Except as provided in
paragraph (2), the Commodity Credit Corporation shall
in each year use money and commodities for the program
under this section in the maximum amount consistent
with the obligations of the United States under the
Uruguay Round Agreements approved under section 101 of
the Uruguay Round Agreements Act (19 U.S.C. 3511),
minus the amount expended under section 1163 of this
Act during that year.
[(2) Volume limitations.--The Commodity Credit
Corporation may not exceed the limitations specified in
subsection (c)(3) on the volume of allowable dairy
product exports.]
* * * * * * *
TITLE XII--CONSERVATION
Subtitle A--Definitions
DEFINITIONS
Sec. 1201. (a) For purposes of subtitles A through [E] I:
(1) * * *
* * * * * * *
Subtitle B--Highly Erodible Land Conservation
SEC. 1211. PROGRAM INELIGIBILITY.
(a) In General.--Except as provided in section 1212, and
notwithstanding any other provision of law, any person who in
any crop year produces an agricultural commodity on a field on
which highly erodible land is [predominate] predominant, or
designates land on which highly erodible land is [predominate]
predominant to be set aside, diverted, devoted to conservation
uses, or otherwise not cultivated under a program administered
by the Secretary to reduce production of an agricultural
commodity, as determined by the Secretary shall be ineligible
for--
(1) * * *
* * * * * * *
Subtitle D--Agricultural Resources Conservation Program
CHAPTER 1--[COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM]
CONSERVATION RESERVE
Subchapter A--General Provisions
[SEC. 1230. COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM.
[(a) Establishment.--
[(1) In general.--During the 1996 through 2002
calendar years, the Secretary shall establish a
comprehensive conservation enhancement program
(referred to in this section as ``CCEP'') 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 CCEP
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 CCEP 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 CCEP, 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 CCEP.]
* * * * * * *
Subchapter B--Conservation Reserve
SEC. 1231. CONSERVATION RESERVE.
(a) In General.--Through the [2012] 2017 fiscal year, the
Secretary shall formulate and carry out a conservation reserve
program under which land is enrolled through the use of
contracts to assist owners and operators of land specified in
subsection (b) to conserve and improve the soil, water, and
wildlife resources of such land and to address issues raised by
State, regional, and national conservation initiatives.
(b) Eligible Land.--The Secretary may include in the program
established under this subchapter--
(1) highly erodible cropland that--
(A) * * *
(B) the Secretary determines had a cropping
history or was considered to be planted for 4
of the 6 years preceding [the date of enactment
of the Food, Conservation, and Energy Act of
2008] the date of the enactment of the Federal
Agriculture Reform and Risk Management Act of
2012 (except for land enrolled in the
conservation reserve program as of that date);
[(2) marginal pasture land converted to wetland or
established as wildlife habitat prior to November 28,
1990;]
[(3)] (2) marginal pasture land to be devoted to
appropriate vegetation, including trees, in or near
riparian areas, or devoted to similar water quality
purposes (including marginal pastureland converted to
wetland or established as wildlife habitat);
(3) grasslands that--
(A) contain forbs or shrubland (including
improved rangeland and pastureland) for which
grazing is the predominant use;
(B) are located in an area historically
dominated by grasslands; and
(C) could provide habitat for animal and
plant populations of significant ecological
value if the land is retained in its current
use or restored to a natural condition;
(4) cropland that is otherwise ineligible if the
Secretary determines that--
(A) * * *
* * * * * * *
(C) the land will be devoted to newly
established living snow fences, permanent
wildlife habitat, windbreaks, shelterbelts, or
[filterstrips devoted to trees or shrubs]
filterstrips or riparian buffers devoted to
trees, shrubs, or grasses;
* * * * * * *
[(5) the portion of land in a field not enrolled in
the conservation reserve in a case in which more than
50 percent of the land in the field is enrolled as a
buffer, if--
[(A) the land is enrolled as part of the
buffer; and
[(B) the remainder of the field is--
[(i) infeasible to farm; and
[(ii) enrolled at regular rental
rates.]
(5) the portion of land in a field not enrolled in
the conservation reserve in a case in which--
(A) more than 50 percent of the land in the
field is enrolled as a buffer or filterstrip,
or more than 75 percent of the land in the
field is enrolled as a conservation practice
other than as a buffer or filterstrip; and
(B) the remainder of the field is--
(i) infeasible to farm; and
(ii) enrolled at regular rental
rates.
(c) Planting Status of Certain Land.--For purposes of
determining the eligibility of land to be placed in the
conservation reserve established under this subchapter, land
shall be considered to be planted to an agricultural commodity
during a crop year [if--
[(1) during the crop year, the land was devoted to a
conserving use; or
[(2)(A) during the crop year or during any of the 2
years preceding the crop year, the land was enrolled in
the water bank program; and
[(B) the contract of the owner or operator of the
cropland expired or will expire in calendar year 2000,
2001, or 2002.] if, during the crop year, the land was
devoted to a conserving use.
[(d) Maximum Enrollment.--The Secretary may maintain up to
39,200,000 acres in the conservation reserve at any 1 time
during the 2002 through 2009 fiscal years (including contracts
extended by the Secretary pursuant to section 1437(c) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (16
U.S.C. 3831 note; Public Law 101 09624)). During fiscal years
2010, 2011, and 2012, the Secretary may maintain up to
32,000,000 acres in the conservation reserve at any 1 time.]
(d) Enrollment.--
(1) Maximum acreage enrolled.--The Secretary may
maintain in the conservation reserve at any one time
during--
(A) fiscal year 2012, no more than 32,000,000
acres;
(B) fiscal year 2013, no more than 29,000,000
acres;
(C) fiscal year 2014, no more than 26,000,000
acres;
(D) fiscal year 2015, no more than 26,000,000
acres;
(E) fiscal year 2016, no more than 25,500,000
acres; and
(F) fiscal year 2017, no more than 25,000,000
acres.
(2) Grasslands.--
(A) Limitation.--For purposes of applying the
limitations in paragraph (1), no more than
2,000,000 acres of the land described in
subsection (b)(3) may be enrolled in the
program at any one time during the 2013 through
2017 fiscal years.
(B) Priority.--In enrolling acres under
subparagraph (A), the Secretary may give
priority to land with expiring conservation
reserve program contracts.
(C) Method of enrollment.--In enrolling acres
under subparagraph (A), the Secretary shall
make the program available to owners or
operators of eligible land on a continuous
enrollment basis with one or more ranking
periods.
(e) Duration of Contract.--
(1) * * *
[(2) Certain land.--
[(A) In general.--In the case of land devoted
to hardwood trees, shelterbelts, windbreaks, or
wildlife corridors under a contract entered
into under this subchapter after October 1,
1990, and land devoted to such uses under
contracts modified under section 1235A, the
owner or operator of the land may, within the
limitations prescribed under this section,
specify the duration of the contract.
[(B) Hardwood trees.--In the case of land
that is devoted to hardwood trees under a
contract entered into under this subchapter
prior to October 1, 1990, the Secretary may
extend the contract for a term of not to exceed
5 years, as agreed to by the owner or operator
of such land and the Secretary.
[(3) 1-year extension.--In the case of a contract
described in paragraph (1) the term of which expires
during calendar year 2002, an owner or operator of land
enrolled under the contract may extend the contract for
1 additional year.]
(2) Special rule for certain land.--In the case of
land devoted to hardwood trees, shelterbelts,
windbreaks, or wildlife corridors under a contract
entered into under this subchapter, the owner or
operator of the land may, within the limitations
prescribed under paragraph (1), specify the duration of
the contract.
(f) Conservation Priority Areas.--
(1) Designation.--On application by the appropriate
State agency, the Secretary shall designate [watershed
areas of the Chesapeake Bay Region, the Great Lakes
Region, the Long Island Sound Region, and other] areas
of special environmental sensitivity as conservation
priority areas.
(2) Eligible [watersheds.--] areas.--[Watersheds]
Areas 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) on application by the appropriate State
agency; or
[(B) in the case of an area covered by this
subsection, if the Secretary finds that the
area no longer contains actual and significant
adverse water quality or habitat impacts
related to agricultural production activities.]
an area's designation if the Secretary finds
that the area no longer contains actual and
significant adverse water quality or habitat
impacts related to agricultural production
activities.
* * * * * * *
[SEC. 1231A. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.
[(a) Definitions.--In this section:
[(1) Merchantable timber.--The term
``merchantable timber'' means timber on private
nonindustrial forest land on which the average
tree has a trunk diameter of at least 6 inches
measured at a point no less than 4.5 feet above
the ground.
[(2) Private nonindustrial forest land.--The
term ``private nonindustrial forest land''
includes State school trust land.
[(b) Program.--The Secretary shall carry out an
emergency pilot program in States that the Secretary
determines have suffered damage to merchantable timber
in counties affected by hurricanes during the 2005
calendar year.
[(c) Eligible acreage.--
[(1) In general.--Subject to paragraph (2)
and the availability of funds under paragraph
(7), an owner or operator may enroll private
nonindustrial forest land in the conservation
reserve under this section.
[(2) Determination of damages.--Eligibility
for enrollment shall be limited to owners and
operators of private nonindustrial forest land
that have experienced a loss of 35 percent or
more of merchantable timber in a county
affected by hurricanes during the 2005 calendar
year.
[(3) Exemptions.--Acreage enrolled in the
conservation reserve under this section shall
not count toward--
[(A) county acreage limitations
described in section 1243(b); or
[(B) the maximum enrollment described
in section 1231(d).
[(4) Duties of owners and operators.--As a
condition of entering into a contract under
this section, during the term of the contract,
the owner or operator of private nonindustrial
forest land shall agree--
[(A) to restore the land, through
site preparation and planting of
similar species as existing prior to
hurricane damages or to the maximum
extent practicable with other native
species, as determined by the
Secretary; and
[(B) to establish temporary
vegetative cover the purpose of which
is to prevent soil erosion on the
eligible acreage, as determined by the
Secretary.
[(5) Duties of the secretary.--
[(A) In general.--In return for a
contract entered into by an owner or
operator of private nonindustrial
forest land under this section, the
Secretary shall provide, at the option
of the landowner--
[(i) notwithstanding the
limitation in section
1234(f)(1), a lump sum payment;
or
[(ii) annual rental payments.
[(B) Calculation of lump sum
payment.--The lump sum payment
described in subparagraph (A)(i) shall
be calculated using a net present value
formula, as determined by the
Secretary, based on the total amount a
producer would receive over the
duration of the contract.
[(C) Calculation of annual rental
payments.--The annual rental payment
described in subparagraph (A)(ii) shall
be equal to the average rental rate for
conservation reserve contracts in the
county in which the land is located.
[(D) Rolling signup.--The Secretary
shall offer a rolling signup for
contracts under this section.
[(E) Duration of contracts.--A
contract entered into under this
section shall have a term of 10 years.
[(6) Balance of natural resources.--In
determining the acceptability of contract
offers under this section, the Secretary shall
consider an equitable balance among the
purposes of soil erosion prevention, water
quality improvement, wildlife habitat
restoration, and mitigation of economic loss.
[(7) Funding.--The Secretary shall use
$504,100,000, to remain available until
expended, of funds of the Commodity Credit
Corporation to carry out this section.
[(8) Determinations by secretary.--A
determination made by the Secretary under this
section shall be final and conclusive.
[(9) Regulations.--
[(A) In general.--Not later than 90
days after the date of enactment of
this Act, the Secretary shall
promulgate such regulations as are
necessary to implement this section.
[(B) Procedure.--The promulgation of
regulations and administration of this
section shall be made without regard
to--
[(i) the notice and comment
provisions of section 553 of
title 5, United States Code;
[(ii) 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
[(iii) chapter 35 of title
44, United States Code
(commonly known as the
``Paperwork Reduction Act'').
[(C) Congressional review of agency
rulemaking.--In carrying out this
section, the Secretary shall use the
authority provided under section 808 of
title 5, United States Code.]
SEC. 1231B. [PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND BUFFER ACREAGE
IN CONSERVATION RESERVE.] FARMABLE WETLAND PROGRAM.
(a) Program Required.--
(1) In general.--During the 2008 through [2012] 2017
fiscal years, the Secretary shall carry out [a program]
a farmable wetland program in each State under which
the Secretary shall enroll eligible acreage described
in subsection (b).
* * * * * * *
(b) Eligible Acreage.--
(1) Wetland and related land.--Subject to subsections
(c) and (d), an owner or operator may enroll in the
conservation reserve, pursuant to the program
established under this section, land--
(A) * * *
(B) on which a constructed wetland is to be
developed that will receive [flow from a row
crop agriculture drainage system] surface and
subsurface flow from row crop agricultural
production and is designed to provide nitrogen
removal in addition to other wetland functions;
* * * * * * *
(c) Program Limitations.--
(1) Acreage limitation.--The Secretary may enroll in
the conservation reserve, pursuant to the program
established under this section, not more than--
(A) * * *
(B) a total of [1,000,000] 750,000 acres.
* * * * * * *
SEC. 1232. DUTIES OF OWNERS AND OPERATORS.
(a) In General.--Under the terms of a contract entered into
under this subchapter, during the term of the contract, an
owner or operator of a farm or ranch shall agree--
(1) * * *
* * * * * * *
(8) 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 may permit,
consistent with the conservation of soil, water
quality, and wildlife habitat (including habitat during
nesting seasons for birds in the area)--
[(A) managed harvesting (including the
managed harvesting of biomass), except that in
permitting managed harvesting, the Secretary,
in coordination with the State technical
committee--
[(i) shall develop appropriate
vegetation management requirements; and
[(ii) shall identify periods during
which managed harvesting may be
conducted;
[(B) harvesting and grazing or other
commercial use of the forage on the land that
is subject to the contract in response to a
drought or other emergency;
[(C) routine grazing or prescribed grazing
for the control of invasive species, except
that in permitting such routine grazing or
prescribed grazing, the Secretary, in
coordination with the State technical
committee--
[(i) shall develop appropriate
vegetation management requirements and
stocking rates for the land that are
suitable for continued routine grazing;
and
[(ii) shall establish the frequency
during which routine grazing may be
conducted, taking into consideration
regional differences such as--
[(I) climate, soil type, and
natural resources;
[(II) the number of years
that should be required between
routine grazing activities; and
[(III) how often during a
year in which routine grazing
is permitted that routine
grazing should be allowed to
occur; and
[(D) the installation of wind turbines,
except that in permitting the installation of
wind turbines, the Secretary shall determine
the number and location of wind turbines that
may be installed, taking into account--
[(i) the location, size, and other
physical characteristics of the land;
[(ii) the extent to which the land
contains wildlife and wildlife habitat;
and
[(iii) the purposes of the
conservation reserve program under this
subchapter;] except as provided in
subsection (b) or (c) of section 1233;
* * * * * * *
[(b) Conservation Plans.--The plan referred to in subsection
(a)(1)--
[(1) shall set forth--
[(A) the conservation measures and practices
to be carried out by the owner or operator
during the term of the contract; and
[(B) the commercial use, if any, to be
permitted on the land during the term; and
[(2) may provide for the permanent retirement of any
existing cropland base and allotment history for the
land.]
(b) Conservation Plans.--The plan referred to in subsection
(a)(1) shall set forth--
(1) the conservation measures and practices to be
carried out by the owner or operator during the term of
the contract; and
(2) the commercial use, if any, to be permitted on
the land during the term.
* * * * * * *
[(d) Rental Payment Reduction for Certain Authorized Uses of
Enrolled Land.--In the case of an authorized activity under
subsection (a)(8) on land that is subject to a contract under
this subchapter, the Secretary shall reduce the rental payment
otherwise payable under the contract by an amount commensurate
with the economic value of the authorized activity.]
[SEC. 1233. DUTIES OF THE SECRETARY.
[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 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.]
SEC. 1233. DUTIES OF THE SECRETARY.
(a) Cost-Share and Rental Payments.--In return for a contract
entered into by an owner or operator under the conservation
reserve program, the Secretary shall--
(1) share the cost of carrying out the conservation
measures and practices set forth in the contract for
which the Secretary determines that cost sharing is
appropriate and in the public interest; and
(2) for a period of years not in excess of the term
of the contract, pay an annual rental payment in an
amount necessary to compensate for--
(A) the conversion of highly erodible
cropland or other eligible lands normally
devoted to the production of an agricultural
commodity on a farm or ranch to a less
intensive use;
(B) the retirement of any base history that
the owner or operator agrees to retire
permanently; and
(C) the development and management of
grasslands for multiple natural resource
conservation benefits, including to soil,
water, air, and wildlife.
(b) Specified Activities Permitted.--The Secretary shall
permit certain activities or commercial uses of land that is
subject to a contract under the conservation reserve program in
a manner that is consistent with a plan approved by the
Secretary, as follows:
(1) Harvesting, grazing, or other commercial use of
the forage in response to a drought or other emergency
created by a natural disaster, without any reduction in
the rental rate.
(2) Consistent with the conservation of soil, water
quality, and wildlife habitat (including habitat during
nesting seasons for birds in the area), and in exchange
for a reduction of not less than 25 percent in the
annual rental rate for the acres covered by the
authorized activity--
(A) managed harvesting and other commercial
use (including the managed harvesting of
biomass), except that in permitting managed
harvesting, the Secretary, in coordination with
the State technical committee--
(i) shall develop appropriate
vegetation management requirements; and
(ii) shall identify periods during
which managed harvesting may be
conducted, such that the frequency is
not more than once every three years;
(B) routine grazing or prescribed grazing for
the control of invasive species, except that in
permitting such routine grazing or prescribed
grazing, the Secretary, in coordination with
the State technical committee--
(i) shall develop appropriate
vegetation management requirements and
stocking rates for the land that are
suitable for continued routine grazing;
and
(ii) shall identify the periods
during which routine grazing may be
conducted, such that the frequency is
not more than once every two years,
taking into consideration regional
differences such as--
(I) climate, soil type, and
natural resources;
(II) the number of years that
should be required between
routine grazing activities; and
(III) how often during a year
in which routine grazing is
permitted that routine grazing
should be allowed to occur; and
(C) the installation of wind turbines and
associated access, except that in permitting
the installation of wind turbines, the
Secretary shall determine the number and
location of wind turbines that may be
installed, taking into account--
(i) the location, size, and other
physical characteristics of the land;
(ii) the extent to which the land
contains wildlife and wildlife habitat;
and
(iii) the purposes of the
conservation reserve program under this
subchapter.
(3) The intermittent and seasonal use of vegetative
buffer practices incidental to agricultural production
on lands adjacent to the buffer such that the permitted
use does not destroy the permanent vegetative cover.
(c) Authorized Activities on Grasslands.--For eligible land
described in section 1231(b)(3), the Secretary shall permit the
following activities:
(1) Common grazing practices, including maintenance
and necessary cultural practices, on the land in a
manner that is consistent with maintaining the
viability of grassland, forb, and shrub species
appropriate to that locality.
(2) Haying, mowing, or harvesting for seed
production, subject to appropriate restrictions during
the nesting season for critical bird species in the
area.
(3) Fire presuppression, fire-related rehabilitation,
and construction of fire breaks.
(4) Grazing-related activities, such as fencing and
livestock watering.
(d) Resource Conserving Use.--
(1) In general.--Beginning on the date that is 1 year
before the date of termination of a contract under the
program, the Secretary shall allow an owner or operator
to make conservation and land improvements that
facilitate maintaining protection of enrolled land
after expiration of the contract.
(2) Conservation plan.--The Secretary shall require
an owner or operator carrying out the activities
described in paragraph (1) to develop and implement a
conservation plan.
(3) Re-enrollment prohibited.--Land improved under
paragraph (1) may not be re-enrolled in the
conservation reserve program for 5 years after the date
of termination of the contract.
SEC. 1234. PAYMENTS.
(a) * * *
(b) Federal Percentage of Cost Sharing Payments.--
(1) * * *
* * * * * * *
(3) Trees, windbreaks, shelterbelts, and wildlife
corridors.--
(A) Applicability.--This paragraph applies
to--
(i) land devoted to the production of
hardwood trees, windbreaks,
shelterbelts, or wildlife corridors
under a contract entered into under
this subchapter after November 28,
1990; and
[(ii) land converted to such
production under section 1235A; and]
[(iii)] (ii) land on which an owner
or operator agrees to conduct thinning
authorized by section 1232(a)(9), if
the thinning is necessary to improve
the condition of resources on the land.
* * * * * * *
(c) Annual Rental Payments.--
(1) In general.--In determining the amount of annual
rental payments to be paid to owners and operators for
converting highly erodible cropland or other eligible
lands normally devoted to the production of an
agricultural commodity to less intensive use, the
Secretary may consider, among other things, the amount
necessary to encourage owners or operators of highly
erodible cropland or other eligible lands to
participate in the program established by this
subchapter.
[(2) Method of determination.--The amounts payable to
owners or operators in the form of rental payments
under contracts entered into under this subchapter may
be determined through--
[(A) the submission of bids for such
contracts by owners and operators in such
manner as the Secretary may prescribe; or
[(B) such other means as the Secretary
determines are appropriate.]
(2) Methods of determination.--
(A) In general.--The amounts payable to
owners or operators in the form of rental
payments under contracts entered into under
this subchapter may be determined through--
(i) the submission of bids for such
contracts by owners and operators in
such manner as the Secretary may
prescribe; or
(ii) such other means as the
Secretary determines are appropriate.
(B) Grasslands.--In the case of eligible land
described in section 1231(b)(3), the Secretary
shall make annual payments in an amount that is
not more than 75 percent of the grazing value
of the land covered by the contract.
* * * * * * *
[(d) Cash or In-Kind Payments.--
[(1) In general.--Except as otherwise provided in
this section, payments under this subchapter--
[(A) shall be made in cash or in commodities
in such amount and on such time schedule as is
agreed on and specified in the contract; and
[(B) may be made in advance of determination
of performance.
[(2) Method of providing in-kind payments.--If the
payment to an owner or operator is made with in-kind
commodities, the payment shall be made by the Commodity
Credit Corporation--
[(A) by delivery of the commodity involved to
the owner or operator at a warehouse or other
similar facility located in the county in which
the highly erodible cropland is located or at
such other location as is agreed to by the
Secretary and the owner or operator;
[(B) by the transfer of negotiable warehouse
receipts; or
[(C) by such other method, including the sale
of the commodity in commercial markets, as is
determined by the Secretary to be appropriate
to enable the owner or operator to receive
efficient and expeditious possession of the
commodity.
[(3) Cash payments.--
[(A) Commodity credit corporation stocks.--If
stocks of a commodity acquired by the Commodity
Credit Corporation are not readily available to
make full payment in kind to the owner or
operator, the Secretary may substitute full or
partial payment in cash for payment in kind.
[(B) Special conservation reserve enhancement
program.--Payments to an owner or operator
under a special conservation reserve
enhancement program described in subsection
(f)(4) shall be in the form of cash only.]
(d) Payment Schedule.--
(1) In general.--Except as otherwise provided in this
section, payments under this subchapter shall be made
in cash in such amount and on such time schedule as is
agreed on and specified in the contract.
(2) Advance payment.--Payments under this subchapter
may be made in advance of determination of performance.
* * * * * * *
(f) Payment Limitation for Rental Payments.--
(1) In general.--The total amount of rental
payments[, including rental payments made in the form
of in-kind commodities,] received by a person or legal
entity, directly or indirectly, under this subchapter
for any fiscal year may not exceed $50,000.
[(3) Other payments.--Rental payments received by an
owner or operator shall be in addition to, and not
affect, the total amount of payments that the owner or
operator is otherwise eligible to receive under the
Farm Security and Rural Investment Act of 2002.]
[(4)] (2) Special conservation reserve enhancement
program.--
(A) * * *
* * * * * * *
SEC. 1235. CONTRACTS.
(a) * * *
* * * * * * *
(e) Early Termination by Owner or Operator.--
(1) Early termination.--
(A) In general.--[The Secretary] During
fiscal year 2013, the Secretary shall allow a
participant that entered into a contract under
this subchapter [before January 1, 1995,] to
terminate the contract at any time if the
contract has been in effect for at least 5
years.
* * * * * * *
(2) Certain land excepted.--The following land shall
not be subject to an early termination of contract
under this subsection:
(A) * * *
* * * * * * *
[(C) Other land of high environmental value
(including wetland), as determined by the
Secretary.]
(C) Land devoted to hardwood trees.
(D) Wildlife habitat, duck nesting habitat,
pollinator habitat, upland bird habitat buffer,
wildlife food plots, State acres for wildlife
enhancement, shallow water areas for wildlife,
and rare and declining habitat.
(E) Farmable wetland and restored wetland.
(F) Land that contains diversions, erosion
control structures, flood control structures,
contour grass strips, living snow fences,
salinity reducing vegetation, cross wind trap
strips, and sediment retention structures.
(G) Land located within a federally-
designated wellhead protection area.
(H) Land that is covered by an easement under
the conservation reserve program.
(I) Land located within an average width,
according to the applicable Natural Resources
Conservation Service field office technical
guide, of a perennial stream or permanent water
body.
(3) Effective date.--The contract termination shall
become effective [60 days after the date on which the
owner or operator submits the notice required under
paragraph (1)(C)] upon approval by the Secretary.
* * * * * * *
(f) Transition Option for Certain Farmers or Ranchers.--
(1) [Duties of the secretary.--In the case of a
contract modification approved in order to facilitate
the transfer, as described subsection (c)(1)(B)(iii),
of land to a beginning farmer] Transition to covered
farmer or rancher.--In the case of a contract
modification approved in order to facilitate the
transfer of land subject to a contract from a retired
farmer or rancher to a beginning farmer or rancher or
socially disadvantaged farmer or rancher (in this
subsection referred to as a ``covered farmer or
rancher''), the Secretary shall--
(A) beginning on the date that is 1 year
before the date of termination of the
contract--
(i) allow the covered farmer or
rancher, in conjunction with the
retired or retiring owner or operator,
to make conservation and land
improvements, including preparing to
plant an agricultural crop; and
* * * * * * *
(D) provide to the covered farmer or rancher
an opportunity to enroll in the conservation
stewardship program or the environmental
quality incentives program by not later than
the date on which [the farmer or rancher] the
covered farmer or rancher takes possession of
the land through ownership or lease; and
(E) continue to make annual payments to the
retired or retiring owner or operator for not
more than an additional 2 years after the date
of termination of the contract, if the retired
or retiring owner or operator is not a family
member (as defined in [section 1001A(b)(3)(B)]
section 1001 of this Act) of the covered farmer
or rancher.
(2) Reenrollment.--The Secretary shall provide a
covered farmer or rancher with the option to reenroll
any applicable partial field conservation practice
that--
(A) is eligible for enrollment under the
continuous signup [requirement of section
1231(h)(4)(B)] option pursuant to section
1234(c)(2)(A)(ii); and
* * * * * * *
(g) Final Year of Contract.--The Secretary shall not consider
an owner or operator to be in violation of a term or condition
of the conservation reserve contract if--
(1) during the year prior to expiration of the
contract, the land is enrolled in the conservation
stewardship program; and
(2) the activity required under the conservation
stewardship program pursuant to such enrollment is
consistent with this subchapter.
(h) Land Enrolled in Agricultural Conservation Easement
Program.--The Secretary may terminate or modify a contract
entered into under this subchapter if eligible land that is
subject to such contract is transferred into the agricultural
conservation easement program under subtitle H.
[SEC. 1235A. CONVERSION OF LAND SUBJECT TO CONTRACT TO OTHER CONSERVING
USES.
[(a) Conversion to Trees.--
[(1) In general.--The Secretary shall permit an owner
or operator that has entered into a contract under this
subchapter that is in effect on November 28, 1990, to
convert areas of highly erodible cropland that are
subject to the contract, and that are devoted to
vegetative cover, from that use to hardwood trees,
windbreaks, shelterbelts, or wildlife corridors.
[(2) Terms.--
[(A) Extension of contract.--With respect to
a contract that is modified under this section
that provides for the planting of hardwood
trees, windbreaks, shelterbelts, or wildlife
corridors, if the original term of the contract
was less than 15 years, the owner or operator
may extend the contract to a term of not to
exceed 15 years.
[(B) Cost share assistance.--The Secretary
shall pay 50 percent of the cost of
establishing conservation measures and
practices authorized under this subsection for
which the Secretary determines the cost sharing
is appropriate and in the public interest.
[(b) Conversion to Wetland.--The Secretary shall permit an
owner or operator that has entered into a contract under this
subchapter that is in effect on November 28, 1990, to restore
areas of highly erodible cropland that are devoted to
vegetative cover under the contract to wetland if--
[(1) the areas are prior converted wetland;
[(2) the owner or operator of the areas enters into
an agreement to provide the Secretary with a long-term
or permanent easement under subchapter C covering the
areas;
[(3) there is a high probability that the prior
converted area can be successfully restored to wetland
status; and
[(4) the restoration of the areas otherwise meets the
requirements of subchapter C.
[(c) Limitation.--The Secretary shall not incur, through a
conversion under this section, any additional expense on the
acres, including the expense involved in the original
establishment of the vegetative cover, that would result in
cost share for costs under this section in excess of the costs
that would have been subject to cost share for the new practice
had that practice been the original practice.
[(d) Condition of Contract.--An owner or operator shall as a
condition of entering into a contract under subsection (a)
participate in the Forest Stewardship Program established under
section 5 of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2103a).]
[Subchapter C--Wetlands Reserve Program
[SEC. 1237. WETLANDS RESERVE PROGRAM.
[(a) Establishment and Purposes.--
[(1) Establishment.--The Secretary shall establish a
wetlands reserve program to assist owners of eligible
lands in restoring and protecting wetlands.
[(2) Purposes.--The purposes of the wetlands reserve
program are to restore, protect, or enhance wetlands on
private or tribal lands that are eligible under
subsections (c) and (d).
[(b) Enrollment Conditions.--
[(1) Maximum enrollment.--The total number of acres
enrolled in the wetlands reserve program shall not
exceed 3,041,200 acres.
[(2) Methods of enrollment.--Subject to paragraph
(3), the Secretary shall enroll acreage into the
wetlands reserve program through the use of permanent
easements, 30-year easements, restoration cost share
agreements, or any combination of those options.
[(3) Acreage owned by indian tribes.--In the case of
acreage owned by an Indian tribe, the Secretary shall
enroll acreage into the wetlands reserve program
through the use of--
[(A) a 30-year contract (the value of which
shall be equivalent to the value of a 30-year
easement);
[(B) restoration cost-share agreements; or
[(C) any combination of the options described
in subparagraphs (A) and (B).
[(c) Eligibility.--For purposes of enrolling land in the
wetland reserve established under this subchapter during the
1991 through 2012 fiscal years, private or tribal 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--
[(A) farmed wetland or converted wetland,
together with the adjacent land that is
functionally dependent on the wetlands, except
that converted wetland with respect to which
the conversion was not commenced prior to
December 23, 1985, shall not be eligible to be
enrolled in the program under this section; or
[(B) cropland or grassland that was used for
agricultural production prior to flooding from
the natural overflow of a closed basin lake or
pothole, as determined by the Secretary,
together (where practicable) with the adjacent
land that is functionally dependent on the
cropland or grassland; 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.
[(f) 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.
[SEC. 1237A. EASEMENTS AND AGREEMENTS.
[(a) In General.--To be eligible to place land into the
wetland reserve under this subchapter, the owner of such land
shall enter into an agreement with the Secretary--
[(1) to grant an easement on such land to the
Secretary;
[(2) to implement a wetland easement conservation
plan as provided for in this section;
[(3) to create and record an appropriate deed
restriction in accordance with applicable State law to
reflect the easement agreed to under this subchapter
with respect to such lands; and
[(4) to provide a written statement of consent to
such easement signed by those holding a security
interest in the land.
[(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) permits--
[(A) repairs, improvements, and inspections
on such land that are necessary to maintain
existing public drainage systems if such land
is subsequently restored to the condition
required by the terms of the easement; and
[(B) landowners to control public access on
the easement areas while identifying access
routes to be used for wetland restoration
activities and management and easement
monitoring;
[(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;
[(ii) to comply with a Federal or
State emergency pest treatment program;
or
[(iii) to meet habitat needs of
specific wildlife species; 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;
[(3) provides for the efficient and effective
restoration of the functional values of wetlands; and
[(4) includes such additional provisions as the
Secretary determines are desirable to carry out this
subchapter or to facilitate the practical
administration thereof.
[(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) 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) 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.
[(f) Compensation.--
[(1) Determination.--Effective on the date of the
enactment of the Food, Conservation, and Energy Act of
2008, the Secretary shall pay as compensation for a
conservation easement acquired under this subchapter
the lowest of--
[(A) the fair market value of the land, as
determined by the Secretary, using the Uniform
Standards of Professional Appraisal Practices
or an area-wide market analysis or survey;
[(B) the amount corresponding to a
geographical cap, as determined by the
Secretary in regulations; or
[(C) the offer made by the landowner.
[(2) Form of payment.--Compensation for an easement
shall be provided by the Secretary in the form of a
cash payment, in an amount determined under paragraph
(1) and specified in the easement agreement.
[(3) Payment schedule for easements.--
[(A) Easements valued at $500,000 or less.--
For easements valued at $500,000 or less, the
Secretary may provide easement payments in not
more than 30 annual payments.
[(B) Easements in excess of $500,000.--For
easements valued at more than $500,000, the
Secretary may provide easement payments in at
least 5, but not more than 30 annual payments,
except that, if the Secretary determines it
would further the purposes of the program, the
Secretary may make a lump sum payment for such
an easement.
[(4) Restoration agreement payment limitation.--
Payments made to a person or legal entity, directly or
indirectly, pursuant to a restoration cost-share
agreement under this subchapter may not exceed, in the
aggregate, $50,000 per year.
[(5) Enrollment procedure.--Lands may be enrolled
under this subchapter through the submission of bids
under a procedure established by the Secretary.
[(g) 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) Wetlands Reserve Enhancement Program.--
[(1) Program authorized.--The Secretary may enter
into 1 or more agreements with a State (including a
political subdivision or agency of a State),
nongovernmental organization, or Indian tribe to carry
out a special wetlands reserve enhancement program that
the Secretary determines would advance the purposes of
this subchapter.
[(2) Reserved rights pilot program.--
[(A) Reservation of grazing rights.--As part
of the wetlands reserve enhancement program,
the Secretary shall carry out a pilot program
for land in which a landowner may reserve
grazing rights in the warranty easement deed
restriction if the Secretary determines that
the reservation and use of the grazing rights--
[(i) is compatible with the land
subject to the easement;
[(ii) is consistent with the long-
term wetland protection and enhancement
goals for which the easement was
established; and
[(iii) complies with a conservation
plan.
[(B) Duration.--The pilot program established
under this paragraph shall terminate on
September 30, 2012.
[SEC. 1237B. DUTIES OF OWNERS.
[Under the terms of an agreement entered into under this
subchapter, an owner and operator of the land that is subject
to an easement under this subchapter shall agree to comply with
the terms of the easement and related agreements and shall
agree to the permanent retirement of any existing cropland base
and allotment history for such land under any program
administered by the Secretary.
[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) share the cost of carrying out the establishment
of conservation measures and practices, and the
protection of the wetland functions and values,
including necessary maintenance activities, 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.
[(b) Cost-Share and Technical Assistance.--
[(1) Easements.--Effective beginning October 1, 1996,
in making cost-share payments under subsection (a)(1),
the Secretary shall--
[(A) in the case of a permanent easement, pay
the owner an amount that is not less than 75
percent, but not more than 100 percent, of the
eligible costs; and
[(B) in the case of a 30-year easement, pay
the owner an amount that is not less than 50
percent, but not more than 75 percent, of the
eligible costs.
[(2) Restoration cost-share agreements.--In making
cost-share payments in connection with a restoration
cost-share agreement entered into under section
1237A(h), the Secretary shall pay the owner an amount
that is not less than 50 percent, but not more than 75
percent, of the eligible costs.
[(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.
[(c) Ranking of Offers.--
[(1) Conservation benefits and funding
considerations.--When evaluating offers from
landowners, the Secretary may consider--
[(A) the conservation benefits of obtaining
an easement or other interest in the land;
[(B) the cost-effectiveness of each easement
or other interest in eligible land, so as to
maximize the environmental benefits per dollar
expended; and
[(C) whether the landowner or another person
is offering to contribute financially to the
cost of the easement or other interest in the
land to leverage Federal funds.
[(2) Additional considerations.--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) 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) Time of Payment.--The Secretary shall provide payment
for obligations incurred by the Secretary under this
subchapter--
[(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) Payments to Others.--If an owner who is entitled to a
payment under this subchapter 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.
[(c) Payment Limitation.--
[(1) In general.--The total amount of payments that a
person or legal entity may receive, directly or
indirectly, 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 or under 30-year contracts.
[(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.).
[(d) 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
subchapter.
[SEC. 1237E. CHANGES IN OWNERSHIP; AGREEMENT MODIFICATION; TERMINATION.
[(a) Limitations.--No easement shall be created under this
subchapter on land that has changed ownership during the
preceding 7-year period unless--
[(1) the new ownership was acquired by will or
succession as a result of the death of the previous
owner;
[(2)(A) the ownership change occurred because of
foreclosure on the land; and
[(B) immediately before the foreclosure, the owner of
the land exercises a right of redemption from the
mortgage holder in accordance with State law; 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 subchapter.
[(b) Modification; Termination.--
[(1) Modification.--The Secretary may modify an
easement acquired from, or a related agreement with, an
owner under this subchapter if--
[(A) the current owner agrees to such
modification; and
[(B) the Secretary determines that such
modification is desirable--
[(i) to carry out this subchapter;
[(ii) to facilitate the practical
administration of this subchapter; or
[(iii) to achieve such other goals as
the Secretary determines are
appropriate and consistent with this
subchapter.
[(2) Termination.--
[(A) In general.--The Secretary may terminate
an easement created with an owner under this
subchapter if--
[(i) the current owner 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 paragraph (A) all
easements entered into under this subchapter,
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.
[SEC. 1237F. ADMINISTRATION, AND FUNDING.
[(a) Delegation of Easement Administration.--The Secretary
may delegate any of the easement management, monitoring, and
enforcement responsibilities of the Secretary to Federal or
State agencies that have the appropriate authority, expertise,
and resources necessary to carry out such delegated
responsibilities.
[(b) Regulations.--Not later than 180 days after the date of
enactment of this subchapter, the Secretary shall issue such
regulations as are necessary to carry out this subchapter.
[(c) Prairie Pothole Region Survey and Reallocation.--
[(1) Survey.--The Secretary shall conduct a survey
during fiscal year 2008 and each subsequent fiscal year
for the purpose of determining interest and allocations
for the Prairie Pothole Region to enroll eligible land
described in section 1237(c)(2)(B).
[(2) Annual adjustment.--The Secretary shall make an
adjustment to the allocation for an interested State
for a fiscal year, based on the results of the survey
conducted under paragraph (1) for the State during the
previous fiscal year.]
* * * * * * *
CHAPTER 2--CONSERVATION SECURITY [AND FARMLAND PROTECTION]
* * * * * * *
[Subchapter B--Conservation Stewardship Program
[SEC. 1238D. DEFINITIONS.
[In this subchapter:
[(1) Conservation activities.--
[(A) In general.--The term ``conservation
activities'' means conservation systems,
practices, or management measures that are
designed to address a resource concern.
[(B) Inclusions.--The term ``conservation
activities'' includes--
[(i) structural measures, vegetative
measures, and land management measures,
including agriculture drainage
management systems, as determined by
the Secretary; and
[(ii) planning needed to address a
resource concern.
[(2) Conservation measurement tools.--The term
``conservation measurement tools'' means procedures to
estimate the level of environmental benefit to be
achieved by a producer in implementing conservation
activities, including indices or other measures
developed by the Secretary.
[(3) Conservation stewardship plan.--The term
``conservation stewardship plan'' means a plan that--
[(A) identifies and inventories resource
concerns;
[(B) establishes benchmark data and
conservation objectives;
[(C) describes conservation activities to be
implemented, managed, or improved; and
[(D) includes a schedule and evaluation plan
for the planning, installation, and management
of the new and existing conservation
activities.
[(4) Priority resource concern.--The term ``priority
resource concern'' means a resource concern that is
identified at the State level, in consultation with the
State Technical Committee, as a priority for a
particular watershed or area of the State.
[(5) Program.--The term ``program'' means the
conservation stewardship program established by this
subchapter.
[(6) Resource concern.--The term ``resource concern''
means a specific natural resource impairment or
problem, as determined by the Secretary, that--
[(A) represents a significant concern in a
State or region; and
[(B) is likely to be addressed successfully
through the implementation of conservation
activities by producers on land eligible for
enrollment in the program.
[(7) Stewardship threshold.--The term ``stewardship
threshold'' means the level of natural resource
conservation and environmental management required, as
determined by the Secretary using conservation
measurement tools, to improve and conserve the quality
and condition of a resource concern.
[SEC. 1238E. CONSERVATION STEWARDSHIP PROGRAM.
[(a) Establishment and Purpose.--During each of fiscal years
2009 through 2014, the Secretary shall carry out a conservation
stewardship program to encourage producers to address resource
concerns in a comprehensive manner--
[(1) by undertaking additional conservation
activities; and
[(2) by improving, maintaining and managing existing
conservation activities.
[(b) Eligible Land.--
[(1) In general.--Except as provided in subsection
(c), the following land is eligible for enrollment in
the program:
[(A) Private agricultural land (including
cropland, grassland, prairie land, improved
pastureland, rangeland, and land used for agro-
forestry).
[(B) Agricultural land under the jurisdiction
of an Indian tribe.
[(C) Forested land that is an incidental part
of an agricultural operation.
[(D) Other private agricultural land
(including cropped woodland, marshes, and
agricultural land used for the production of
livestock) on which resource concerns related
to agricultural production could be addressed
by enrolling the land in the program, as
determined by the Secretary.
[(2) Special rule for nonindustrial private forest
land.--Nonindustrial private forest land is eligible
for enrollment in the program, except that not more
than 10 percent of the annual acres enrolled nationally
in any fiscal year may be nonindustrial private forest
land.
[(3) Agricultural operation.--Eligible land shall
include all acres of an agricultural operation of a
producer, whether or not contiguous, that are under the
effective control of the producer at the time the
producer enters into a stewardship contract, and is
operated by the producer with equipment, labor,
management, and production or cultivation practices
that are substantially separate from other agricultural
operations, as determined by the Secretary.
[(c) Exclusions.--
[(1) Land enrolled in other conservation programs.--
Subject to paragraph (2), the following land is not be
eligible for enrollment in the program:
[(A) Land enrolled in the conservation
reserve program.
[(B) Land enrolled in the wetlands reserve
program.
[(C) Land enrolled in the grassland reserve
program.
[(2) Conversion to cropland.--Land used for crop
production after the date of enactment of the Food,
Conservation, and Energy Act of 2008 that had not been
planted, considered to be planted, or devoted to crop
production for at least 4 of the 6 years preceding that
date shall not be the basis for any payment under the
program, unless the land does not meet the requirement
because--
[(A) the land had previously been enrolled in
the conservation reserve program;
[(B) the land has been maintained using long-
term crop rotation practices, as determined by
the Secretary; or
[(C) the land is incidental land needed for
efficient operation of the farm or ranch, as
determined by the Secretary.
[SEC. 1238F. STEWARDSHIP CONTRACTS.
[(a) Submission of Contract Offers.--To be eligible to
participate in the conservation stewardship program, a producer
shall submit to the Secretary for approval a contract offer
that--
[(1) demonstrates to the satisfaction of the
Secretary that the producer, at the time of the
contract offer, is meeting the stewardship threshold
for at least one resource concern; and
[(2) would, at a minimum, meet or exceed the
stewardship threshold for at least 1 priority resource
concern by the end of the stewardship contract by--
[(A) installing and adopting additional
conservation activities; and
[(B) improving, maintaining, and managing
conservation activities in place at the
operation of the producer at the time the
contract offer is accepted by the Secretary.
[(b) Evaluation of Contract Offers.--
[(1) Ranking of applications.--In evaluating contract
offers made by producers to enter into contracts under
the program, the Secretary shall rank applications
based on--
[(A) the level of conservation treatment on
all applicable priority resource concerns at
the time of application, based to the maximum
extent practicable on conservation measurement
tools;
[(B) the degree to which the proposed
conservation treatment on applicable priority
resource concerns effectively increases
conservation performance, based to the maximum
extent possible on conservation measurement
tools;
[(C) the number of applicable priority
resource concerns proposed to be treated to
meet or exceed the stewardship threshold by the
end of the contract;
[(D) the extent to which other resource
concerns, in addition to priority resource
concerns, will be addressed to meet or exceed
the stewardship threshold by the end of the
contract period; and
[(E) the extent to which the actual and
anticipated environmental benefits from the
contract are provided at the least cost
relative to other similarly beneficial contract
offers.
[(2) Prohibition.--The Secretary may not assign a
higher priority to any application because the
applicant is willing to accept a lower payment than the
applicant would otherwise be eligible to receive.
[(3) Additional criteria.--The Secretary may develop
and use such additional criteria for evaluating
applications to enroll in the program that the
Secretary determines are necessary to ensure that
national, State, and local conservation priorities are
effectively addressed.
[(c) Entering Into Contracts.--After a determination that a
producer is eligible for the program under subsection (a), and
a determination that the contract offer ranks sufficiently high
under the evaluation criteria under subsection (b), the
Secretary shall enter into a conservation stewardship contract
with the producer to enroll the land to be covered by the
contract.
[(d) Contract Provisions.--
[(1) Term.--A conservation stewardship contract shall
be for a term of 5 years.
[(2) Provisions.--The conservation stewardship
contract of a producer shall--
[(A) state the amount of the payment the
Secretary agrees to make to the producer for
each year of the conservation stewardship
contract under section 1238G(e);
[(B) require the producer--
[(i) to implement during the term of
the conservation stewardship contract
the conservation stewardship plan
approved by the Secretary;
[(ii) to maintain, and make available
to the Secretary at such times as the
Secretary may request, appropriate
records showing the effective and
timely implementation of the
conservation stewardship contract; and
[(iii) not to engage in any activity
during the term of the conservation
stewardship contract on the eligible
land covered by the contract that would
interfere with the purposes of the
conservation stewardship contract;
[(C) permit all economic uses of the land
that--
[(i) maintain the agricultural nature
of the land; and
[(ii) are consistent with the
conservation purposes of the
conservation stewardship contract;
[(D) include a provision to ensure that a
producer shall not be considered in violation
of the contract for failure to comply with the
contract due to circumstances beyond the
control of the producer, including a disaster
or related condition, as determined by the
Secretary; and
[(E) include such other provisions as the
Secretary determines necessary to ensure the
purposes of the program are achieved.
[(e) Contract Renewal.--At the end of an initial conservation
stewardship contract of a producer, the Secretary may allow the
producer to renew the contract for one additional five-year
period if the producer--
[(1) demonstrates compliance with the terms of the
existing contract; and
[(2) agrees to adopt new conservation activities, as
determined by the Secretary.
[(f) Modification.--The Secretary may allow a producer to
modify a stewardship contract if the Secretary determines that
the modification is consistent with achieving the purposes of
the program.
[(g) Contract Termination.--
[(1) Voluntary termination.--A producer may terminate
a conservation stewardship contract if the Secretary
determines that termination would not defeat the
purposes of the program.
[(2) Involuntary termination.--The Secretary may
terminate a contract under this subchapter if the
Secretary determines that the producer violated the
contract.
[(3) Repayment.--If a contract is terminated, the
Secretary may, consistent with the purposes of the
program--
[(A) allow the producer to retain payments
already received under the contract; or
[(B) require repayment, in whole or in part,
of payments already received and assess
liquidated damages.
[(4) Change of interest in land subject to a
contract.--
[(A) In general.--Except as provided in
paragraph (B), a change in the interest of a
producer in land covered by a contract under
this chapter shall result in the termination of
the contract with regard to that land.
[(B) Transfer of duties and rights.--
Subparagraph (A) shall not apply if--
[(i) within a reasonable period of
time (as determined by the Secretary)
after the date of the change in the
interest in land covered by a contract
under the program, the transferee of
the land provides written notice to the
Secretary that all duties and rights
under the contract have been
transferred to, and assumed by, the
transferee; and
[(ii) the transferee meets the
eligibility requirements of the
program.
[(h) Coordination With Organic Certification.--The Secretary
shall establish a transparent means by which producers may
initiate organic certification under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et. seq.) while
participating in a contract under this subchapter.
[(i) On-Farm Research and Demonstration or Pilot Testing.--
The Secretary may approve a contract offer under this
subchapter that includes--
[(1) on-farm conservation research and demonstration
activities; and
[(2) pilot testing of new technologies or innovative
conservation practices.
[SEC. 1238G. DUTIES OF THE SECRETARY.
[(a) In General.--To achieve the conservation goals of a
contract under the conservation stewardship program, the
Secretary shall--
[(1) make the program available to eligible producers
on a continuous enrollment basis with 1 or more ranking
periods, one of which shall occur in the first quarter
of each fiscal year;
[(2) identify not less than 3 nor more than 5
priority resource concerns in a particular watershed or
other appropriate region or area within a State; and
[(3) develop reliable conservation measurement tools
for purposes of carrying out the program.
[(b) Allocation to States.--The Secretary shall allocate
acres to States for enrollment, based--
[(1) primarily on each State's proportion of eligible
acres under section 1238E(b)(1) to the total number of
eligible acres in all States; and
[(2) also on consideration of--
[(A) the extent and magnitude of the
conservation needs associated with agricultural
production in each State;
[(B) the degree to which implementation of
the program in the State is, or will be,
effective in helping producers address those
needs; and
[(C) other considerations to achieve
equitable geographic distribution of funds, as
determined by the Secretary.
[(c) Specialty Crop and Organic Producers.--The Secretary
shall ensure that outreach and technical assistance are
available, and program specifications are appropriate to enable
specialty crop and organic producers to participate in the
program.
[(d) Acreage Enrollment Limitation.--During the period
beginning on October 1, 2008, and ending on September 30, 2017,
the Secretary shall, to the maximum extent practicable--
[(1) enroll in the program an additional 12,769,000
acres for each fiscal year; and
[(2) manage the program to achieve a national average
rate of $18 per acre, which shall include the costs of
all financial assistance, technical assistance, and any
other expenses associated with enrollment or
participation in the program.
[(e) Conservation Stewardship Payments.--
[(1) Availability of payments.--The Secretary shall
provide a payment under the program to compensate the
producer for--
[(A) installing and adopting additional
conservation activities; and
[(B) improving, maintaining, and managing
conservation activities in place at the
operation of the producer at the time the
contract offer is accepted by the Secretary.
[(2) Payment amount.--The amount of the conservation
stewardship payment shall be determined by the
Secretary and based, to the maximum extent practicable,
on the following factors:
[(A) Costs incurred by the producer
associated with planning, design, materials,
installation, labor, management, maintenance,
or training.
[(B) Income forgone by the producer.
[(C) Expected environmental benefits as
determined by conservation measurement tools.
[(3) Exclusions.--A payment to a producer under this
subsection shall not be provided for--
[(A) the design, construction, or maintenance
of animal waste storage or treatment facilities
or associated waste transport or transfer
devices for animal feeding operations; or
[(B) conservation activities for which there
is no cost incurred or income forgone to the
producer.
[(4) Timing of payments.--
[(A) In general.--The Secretary shall make
payments as soon as practicable after October 1
of each fiscal year for activities carried out
in the previous fiscal year.
[(B) Additional activities.--The Secretary
shall make payments to compensate producers for
installation of additional practices at the
time at which the practices are installed and
adopted.
[(f) Supplemental Payments for Resource-Conserving Crop
Rotations.--
[(1) Availability of payments.--The Secretary shall
provide additional payments to producers that, in
participating in the program, agree to adopt resource-
conserving crop rotations to achieve beneficial crop
rotations as appropriate for the land of the producers.
[(2) Beneficial crop rotations.--The Secretary shall
determine whether a resource-conserving crop rotation
is a beneficial crop rotation eligible for additional
payments under paragraph (1), based on whether the
resource-conserving crop rotation is designed to
provide natural resource conservation and production
benefits.
[(3) Eligibility.--To be eligible to receive a
payment described in paragraph (1), a producer shall
agree to adopt and maintain beneficial resource-
conserving crop rotations for the term of the contract.
[(4) Resource-conserving crop rotation.--In this
subsection, the term ``resource-conserving crop
rotation'' means a crop rotation that--
[(A) includes at least 1 resource conserving
crop (as defined by the Secretary);
[(B) reduces erosion;
[(C) improves soil fertility and tilth;
[(D) interrupts pest cycles; and
[(E) in applicable areas, reduces depletion
of soil moisture or otherwise reduces the need
for irrigation.
[(g) Payment Limitations.--A person or legal entity may not
receive, directly or indirectly, payments under this subchapter
that, in the aggregate, exceed $200,000 for all contracts
entered into during any 5-year period, excluding funding
arrangements with federally recognized Indian tribes or Alaska
Native corporations, regardless of the number of contracts
entered into under the program by the person or entity.
[(h) Regulations.--The Secretary shall promulgate regulations
that--
[(1) prescribe such other rules as the Secretary
determines to be necessary to ensure a fair and
reasonable application of the limitations established
under subsection (g); and
[(2) otherwise enable the Secretary to carry out the
program.
[(i) Data.--The Secretary shall maintain detailed and
segmented data on contracts and payments under the program to
allow for quantification of the amount of payments made for--
[(1) the installation and adoption of additional
conservation activities and improvements to
conservation activities in place on the operation of a
producer at the time the conservation stewardship offer
is accepted by the Secretary;
[(2) participation in research, demonstration, and
pilot projects; and
[(3) the development and periodic assessment and
evaluation of conservation plans developed under this
subchapter.
[Subchapter C--Farmland Protection Program
[SEC. 1238H. DEFINITIONS.
[In this subchapter:
[(1) Eligible entity.--The term ``eligible entity''
means--
[(A) any agency of any State or local
government or an Indian tribe (including a
farmland protection board or land resource
council established under State law); or
[(B) any organization that--
[(i) is organized for, and at all
times since the formation of the
organization has been operated
principally for, 1 or more of the
conservation purposes specified in
clause (i), (ii), (iii), or (iv) of
section 170(h)(4)(A) of the Internal
Revenue Code of 1986;
[(ii) is an organization described in
section 501(c)(3) of that Code that is
exempt from taxation under section
501(a) of that Code; and
[(iii) is--
[(I) described in paragraph
(1) or (2) of section 509(a) of
that Code; or
[(II) described in section
509(a)(3), and is controlled by
an organization described in
section 509(a)(2), of that
Code.
[(2) Eligible land.--
[(A) In general.--The term ``eligible land''
means land on a farm or ranch that is subject
to a pending offer for purchase from an
eligible entity and--
[(i) has prime, unique, or other
productive soil;
[(ii) contains historical or
archaeological resources; or
[(iii) the protection of which will
further a State or local policy
consistent with the purposes of the
program.
[(B) Inclusions.--The term ``eligible land''
includes, on a farm or ranch--
[(i) cropland;
[(ii) rangeland;
[(iii) grassland;
[(iv) pasture land;
[(v) forest land that--
[(I) contributes to the
economic viability of an
agricultural operation; or
[(II) serves as a buffer to
protect an agricultural
operation from development; and
[(vi) land that is incidental to land
described in clauses (i) through (v),
if such land is necessary for the
efficient administration of a
conservation easement, as determined by
the Secretary.
[(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
[(4) Program.--The term ``program'' means the
farmland protection program established under section
1238I(a).
[SEC. 1238I. FARMLAND PROTECTION PROGRAM.
[(a) Establishment.--The Secretary shall establish and carry
out a farmland protection program under which the Secretary
shall facilitate and provide funding for the purchase of
conservation easements or other interests in eligible land.
[(b) Purpose.--The purpose of the program is to protect the
agricultural use and related conservation values of eligible
land by limiting nonagricultural uses of that land.
[(c) Cost-Share Assistance.--
[(1) Provision of assistance.--The Secretary shall
provide cost-share assistance to eligible entities for
purchasing a conservation easement or other interest in
eligible land.
[(2) Federal share.--The share of the cost provided
by the Secretary for purchasing a conservation easement
or other interest in eligible land shall not exceed 50
percent of the appraised fair market value of the
conservation easement or other interest in eligible
land.
[(3) Non-federal share.--
[(A) Share provided by eligible entity.--The
eligible entity shall provide a share of the
cost of purchasing a conservation easement or
other interest in eligible land in an amount
that is not less than 25 percent of the
acquisition purchase price.
[(B) Landowner contribution.--As part of the
non-Federal share of the cost of purchasing a
conservation easement or other interest in
eligible land, an eligible entity may include a
charitable donation or qualified conservation
contribution (as defined by section 170(h) of
the Internal Revenue Code of 1986) from the
private landowner from which the conservation
easement or other interest in land will be
purchased.
[(d) Determination of Fair Market Value.--Effective on the
date of enactment of the Food, Conservation, and Energy Act of
2008, the fair market value of the conservation easement or
other interest in eligible land shall be determined on the
basis of an appraisal using an industry approved method,
selected by the eligible entity and approved by the Secretary.
[(e) Bidding Down Prohibited.--If the Secretary determines
that 2 or more applications for cost-share assistance are
comparable in achieving the purpose of the program, the
Secretary shall not assign a higher priority to any 1 of those
applications solely on the basis of lesser cost to the program.
[(f) Condition on Assistance.--
[(1) Conservation plan.--Any highly erodible cropland
for which a conservation easement or other interest is
purchased using cost-share assistance provided under
the program shall be subject to a conservation plan
that requires, at the option of the Secretary, the
conversion of the cropland to less intensive uses.
[(2) Contingent right of enforcement.--The Secretary
shall require the inclusion of a contingent right of
enforcement for the Secretary in the terms of a
conservation easement or other interest in eligible
land that is purchased using cost-share assistance
provided under the program.
[(g) Agreements With Eligible Entities.--
[(1) In general.--The Secretary shall enter into
agreements with eligible entities to stipulate the
terms and conditions under which the eligible entity is
permitted to use cost-share assistance provided under
subsection (c).
[(2) Length of agreements.--An agreement under this
subsection shall be for a term that is--
[(A) in the case of an eligible entity
certified under the process described in
subsection (h), a minimum of five years; and
[(B) for all other eligible entities, at
least three, but not more than five years.
[(3) Substitution of qualified projects.--An
agreement shall allow, upon mutual agreement of the
parties, substitution of qualified projects that are
identified at the time of the proposed substitution.
[(4) Minimum requirements.--An eligible entity shall
be authorized to use its own terms and conditions, as
approved by the Secretary, for conservation easements
and other purchases of interests in land, so long as
such terms and conditions--
[(A) are consistent with the purposes of the
program;
[(B) permit effective enforcement of the
conservation purposes of such easements or
other interests; and
[(C) include a limit on the impervious
surfaces to be allowed that is consistent with
the agricultural activities to be conducted.
[(5) Effect of violation.--If a violation occurs of a
term or condition of an agreement entered into under
this subsection--
[(A) the agreement shall remain in force; and
[(B) the Secretary may require the eligible
entity to refund all or part of any payments
received by the entity under the program, with
interest on the payments as determined
appropriate by the Secretary.
[(h) Certification of Eligible Entities.--
[(1) Certification process.--The Secretary shall
establish a process under which the Secretary may--
[(A) directly certify eligible entities that
meet established criteria;
[(B) enter into long-term agreements with
certified entities, as authorized by subsection
(g)(2)(A); and
[(C) accept proposals for cost-share
assistance to certified entities for the
purchase of conservation easements or other
interests in eligible land throughout the
duration of such agreements.
[(2) Certification criteria.--In order to be
certified, an eligible entity shall demonstrate to the
Secretary that the entity will maintain, at a minimum,
for the duration of the agreement--
[(A) a plan for administering easements that
is consistent with the purpose of this
subchapter;
[(B) the capacity and resources to monitor
and enforce conservation easements or other
interests in land; and
[(C) policies and procedures to ensure--
[(i) the long-term integrity of
conservation easements or other
interests in eligible land;
[(ii) timely completion of
acquisitions of easements or other
interests in eligible land; and
[(iii) timely and complete evaluation
and reporting to the Secretary on the
use of funds provided by the Secretary
under the program.
[(3) Review and revision.--
[(A) Review.--The Secretary shall conduct a
review of eligible entities certified under
paragraph (1) every three years to ensure that
such entities are meeting the criteria
established under paragraph (2).
[(B) Revocation.--If the Secretary finds that
the certified entity no longer meets the
criteria established under paragraph (2), the
Secretary may--
[(i) allow the certified entity a
specified period of time, at a minimum
180 days, in which to take such actions
as may be necessary to meet the
criteria; and
[(ii) revoke the certification of the
entity, if after the specified period
of time, the certified entity does not
meet the criteria established in
paragraph (2).
[SEC. 1238J. FARM VIABILITY PROGRAM.
[(a) In General.--The Secretary may provide to eligible
entities identified by the Secretary grants for use in carrying
out farm viability programs developed by the eligible entities
and approved by the Secretary.
[(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
such sums as are necessary for each of fiscal years 2002
through 2012.
[Subchapter D--Grassland Reserve Program
[SEC. 1238N. GRASSLAND RESERVE PROGRAM.
[(a) Establishment and Purpose.--The Secretary shall
establish a grassland reserve program (referred to in this
subchapter as the ``program'') for the purpose of assisting
owners and operators in protecting grazing uses and related
conservation values by restoring and conserving eligible land
through rental contracts, easements, and restoration
agreements.
[(b) Enrollment of Acreage.--
[(1) Acreage enrolled.--The Secretary shall enroll an
additional 1,220,000 acres of eligible land in the
program during fiscal years 2009 through 2012.
[(2) Methods of enrollment.--The Secretary shall
enroll eligible land in the program through the use of;
[(A) a 10-year, 15-year, or 20-year rental
contract;
[(B) a permanent easement; or
[(C) in a State that imposes a maximum
duration for easements, an easement for the
maximum duration allowed under the law of that
State.
[(3) Limitation.--Of the total amount of funds
expended under the program to acquire rental contracts
and easements described in paragraph (2), the Secretary
shall use, to the extent practicable--
[(A) 40 percent for rental contacts; and
[(B) 60 percent for easements.
[(4) Enrollment of conservation reserve land.--
[(A) Priority.--Upon expiration of a contract
under subchapter B of chapter 1 of this
subtitle, the Secretary shall give priority for
enrollment in the program to land previously
enrolled in the conservation reserve program
if--
[(i) the land is eligible land, as
defined in subsection (c); and
[(ii) the Secretary determines that
the land is of high ecological value
and under significant threat of
conversion to uses other than grazing.
[(B) Maximum enrollment.--The number of acres
of land enrolled under the priority described
in subparagraph (A) in a calendar year shall
not exceed 10 percent of the total number of
acres enrolled in the program in that calendar
year.
[(c) Eligible Land Defined.--For purposes of the program, the
term ``eligible land'' means private or tribal land that--
[(1) is grassland, land that contains forbs, or
shrubland (including improved rangeland and
pastureland) for which grazing is the predominant use;
[(2) is located in an area that has been historically
dominated by grassland, forbs, or shrubland, and the
land--
[(A) could provide habitat for animal or
plant populations of significant ecological
value if the land--
[(i) is retained in its current use;
or
[(ii) is restored to a natural
condition;
[(B) contains historical or archaeological
resources; or
[(C) would address issues raised by State,
regional, and national conservation priorities;
or
[(3) is incidental to land described in paragraph (1)
or (2), if the incidental land is determined by the
Secretary to be necessary for the efficient
administration of a rental contract or easement under
the program.
[SEC. 1238O. DUTIES OF OWNERS AND OPERATORS.
[(a) Rental Contracts.--To be eligible to enroll eligible
land in the program under a rental contract, the owner or
operator of the land shall agree--
[(1) to comply with the terms of the contract and,
when applicable, a restoration agreement;
[(2) to suspend any existing cropland base and
allotment history for the land under another program
administered by the Secretary; and
[(3) to implement a grazing management plan, as
approved by the Secretary, which may be modified upon
mutual agreement of the parties.
[(b) Easements.--To be eligible to enroll eligible land in
the program through an easement, the owner of the land shall
agree--
[(1) to grant an easement to the Secretary or to an
eligible entity described in section 1238Q;
[(2) to create and record an appropriate deed
restriction in accordance with applicable State law to
reflect the easement;
[(3) to provide a written statement of consent to the
easement signed by persons holding a security interest
or any vested interest in the land;
[(4) to provide proof of unencumbered title to the
underlying fee interest in the land that is the subject
of the easement;
[(5) to comply with the terms of the easement and,
when applicable, a restoration agreement;
[(6) to implement a grazing management plan, as
approved by the Secretary, which may be modified upon
mutual agreement of the parties; and
[(7) to eliminate any existing cropland base and
allotment history for the land under another program
administered by the Secretary.
[(c) Restoration Agreements.--
[(1) When applicable.--To be eligible for cost-share
assistance to restore eligible land subject to a rental
contract or an easement under the program, the owner or
operator of the land shall agree to comply with the
terms of a restoration agreement.
[(2) Terms and conditions.--The Secretary shall
prescribe the terms and conditions of a restoration
agreement by which eligible land that is subject to a
rental contract or easement under the program shall be
restored.
[(3) Duties.--The restoration agreement shall
describe the respective duties of the owner or operator
and the Secretary, including the Federal share of
restoration payments and technical assistance.
[(d) Terms and Conditions Applicable to Rental Contracts and
Easements.--
[(1) Permissible activities.--The terms and
conditions of a rental contract or easement under the
program shall permit--
[(A) common grazing practices, including
maintenance and necessary cultural practices,
on the land in a manner that is consistent with
maintaining the viability of grassland, forb,
and shrub species appropriate to that locality;
[(B) haying, mowing, or harvesting for seed
production, subject to appropriate restrictions
during the nesting season for birds in the
local area that are in significant decline or
are conserved in accordance with Federal or
State law, as determined by the State
Conservationist;
[(C) fire presuppression, rehabilitation, and
construction of fire breaks; and
[(D) grazing related activities, such as
fencing and livestock watering.
[(2) Prohibitions.--The terms and conditions of a
rental contract or easement under the program shall
prohibit--
[(A) the production of crops (other than
hay), fruit trees, vineyards, or any other
agricultural commodity that is inconsistent
with maintaining grazing land; and
[(B) except as permitted under a restoration
plan, the conduct of any other activity that
would be inconsistent with maintaining grazing
land enrolled in the program.
[(3) Additional terms and conditions.--A rental
contract or easement under the program shall include
such additional provisions as the Secretary determines
are appropriate to carry out or facilitate the purposes
and administration of the program.
[(e) Violations.--On a violation of the terms or conditions
of a rental contract, easement, or restoration agreement
entered into under this section--
[(1) the contract or easement shall remain in force;
and
[(2) the Secretary may require the owner or operator
to refund all or part of any payments received under
the program, with interest on the payments as
determined appropriate by the Secretary.
[SEC. 1238P. DUTIES OF SECRETARY.
[(a) Evaluation and Ranking of Applications.--
[(1) Criteria.--The Secretary shall establish
criteria to evaluate and rank applications for rental
contracts and easements under the program.
[(2) Considerations.--In establishing the criteria,
the Secretary shall emphasize support for--
[(A) grazing operations;
[(B) plant and animal biodiversity; and
[(C) grassland, land that contains forbs, and
shrubland under the greatest threat of
conversion to uses other than grazing.
[(b) Payments.--
[(1) In general.--In return for the execution of a
rental contract or the granting of an easement by an
owner or operator under the program, the Secretary
shall--
[(A) make rental contract or easement
payments to the owner or operator in accordance
with paragraphs (2) and (3); and
[(B) make payments to the owner or operator
under a restoration agreement for the Federal
share of the cost of restoration in accordance
with paragraph (4).
[(2) Rental contract payments.--
[(A) Percentage of grazing value of land.--In
return for the execution of a rental contract
by an owner or operator under the program, the
Secretary shall make annual payments during the
term of the contract in an amount, subject to
subparagraph (B), that is not more than 75
percent of the grazing value of the land
covered by the contract.
[(B) Payment limitation.--Payments made under
1 or more rental contracts to a person or legal
entity, directly or indirectly, may not exceed,
in the aggregate, $50,000 per year.
[(3) Easement payments.--
[(A) In general.--Subject to subparagraph
(B), in return for the granting of an easement
by an owner under the program, the Secretary
shall make easement payments in an amount not
to exceed the fair market value of the land
less the grazing value of the land encumbered
by the easement.
[(B) Method for determination of
compensation.--In making a determination under
subparagraph (A), the Secretary shall pay as
compensation for a easement acquired under the
program the lowest of--
[(i) the fair market value of the
land encumbered by the easement, as
determined by the Secretary, using--
[(I) the Uniform Standards of
Professional Appraisal
Practices; or
[(II) an area-wide market
analysis or survey;
[(ii) the amount corresponding to a
geographical cap, as determined by the
Secretary in regulations; or
[(iii) the offer made by the
landowner.
[(C) Schedule.--Easement payments may be
provided in up to 10 annual payments of equal
or unequal amount, as agreed to by the
Secretary and the owner.
[(4) Restoration agreement payments.--
[(A) Federal share of restoration.--The
Secretary shall make payments to an owner or
operator under a restoration agreement of not
more than 50 percent of the costs of carrying
out measures and practices necessary to restore
functions and values of that land.
[(B) Payment limitation.--Payments made under
1 or more restoration agreements to a person or
legal entity, directly or indirectly, may not
exceed, in the aggregate, $50,000 per year.
[(5) Payments to others.--If an owner or operator who
is entitled to a payment under the program 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.
[SEC. 1238Q. DELEGATION OF DUTY.
[(a) Authority to Delegate.--The Secretary may delegate a
duty under the program--
[(1) by transferring title of ownership to an
easement to an eligible entity to hold and enforce; or
[(2) by entering into a cooperative agreement with an
eligible entity for the eligible entity to own, write,
and enforce an easement.
[(b) Eligible Entity Defined.--In this section, the term
``eligible entity'' means--
[(1) an agency of State or local government or an
Indian tribe; or
[(2) an organization that--
[(A) is organized for, and at all times since
the formation of the organization has been
operated principally for, one or more of the
conservation purposes specified in clause (i),
(ii), (iii), or (iv) of section 170(h)(4)(A) of
the Internal Revenue Code of 1986;
[(B) is an organization described in section
501(c)(3) of that Code that is exempt from
taxation under section 501(a) of that Code; and
[(C) is described in--
[(i) paragraph (1) or (2) of section
509(a) of that Code; or
[(ii) in section 509(a)(3) of that
Code, and is controlled by an
organization described in section
509(a)(2) of that Code.
[(c) Transfer of Title of Ownership.--
[(1) Transfer.--The Secretary may transfer title of
ownership to an easement to an eligible entity to hold
and enforce, in lieu of the Secretary, subject to the
right of the Secretary to conduct periodic inspections
and enforce the easement, if--
[(A) the Secretary determines that the
transfer will promote protection of grassland,
land that contains forbs, or shrubland;
[(B) the owner authorizes the eligible entity
to hold or enforce the easement; and
[(C) the eligible entity agrees to assume the
costs incurred in administering and enforcing
the easement, including the costs of
restoration or rehabilitation of the land as
specified by the owner and the eligible entity.
[(2) Application.--An eligible entity that seeks to
hold and enforce an easement shall apply to the
Secretary for approval.
[(3) Approval by secretary.--The Secretary may
approve an application described in paragraph (2) if
the eligible entity--
[(A) has the relevant experience necessary,
as appropriate for the application, to
administer an easement on grassland, land that
contains forbs, or shrubland;
[(B) has a charter that describes a
commitment to conserving ranchland,
agricultural land, or grassland for grazing and
conservation purposes; and
[(C) has the resources necessary to
effectuate the purposes of the charter.
[(d) Cooperative Agreements.--
[(1) Authorized; terms and conditions.--The Secretary
shall establish the terms and conditions of a
cooperative agreement under which an eligible entity
shall use funds provided by the Secretary to own,
write, and enforce an easement, in lieu of the
Secretary.
[(2) Minimum requirements.--At a minimum, the
cooperative agreement shall--
[(A) specify the qualification of the
eligible entity to carry out the entity's
responsibilities under the program, including
acquisition, monitoring, enforcement, and
implementation of management policies and
procedures that ensure the long-term integrity
of the easement protections;
[(B) require the eligible entity to assume
the costs incurred in administering and
enforcing the easement, including the costs of
restoration or rehabilitation of the land as
specified by the owner and the eligible entity;
[(C) specify the right of the Secretary to
conduct periodic inspections to verify the
eligible entity's enforcement of the easement;
[(D) subject to subparagraph (E), identify a
specific project or a range of projects to be
funded under the agreement;
[(E) allow, upon mutual agreement of the
parties, substitution of qualified projects
that are identified at the time of
substitution;
[(F) specify the manner in which the eligible
entity will evaluate and report the use of
funds to the Secretary;
[(G) allow the eligible entity flexibility to
develop and use terms and conditions for
easements, if the Secretary finds the terms and
conditions consistent with the purposes of the
program and adequate to enable effective
enforcement of the easements;
[(H) if applicable, allow an eligible entity
to include a charitable donation or qualified
conservation contribution (as defined by
section 170(h) of the Internal Revenue Code of
1986) from the landowner from which the
easement will be purchased as part of the
entity's share of the cost to purchase an
easement; and
[(I) provide for a schedule of payments to an
eligible entity, as agreed to by the Secretary
and the eligible entity.
[(3) Cost sharing.--
[(A) In general.--As part of a cooperative
agreement with an eligible entity under this
subsection, the Secretary may provide a share
of the purchase price of an easement under the
program.
[(B) Minimum share by eligible entity.--The
eligible entity shall be required to provide a
share of the purchase price at least equivalent
to that provided by the Secretary.
[(C) Priority.--The Secretary may accord a
higher priority to proposals from eligible
entities that leverage a greater share of the
purchase price of the easement.
[(4) Violation.--If an eligible entity violates the
terms or conditions of a cooperative agreement entered
into under this subsection--
[(A) the cooperative agreement shall remain
in force; and
[(B) the Secretary may require the eligible
entity to refund all or part of any payments
received by the eligible entity under the
program, with interest on the payments as
determined appropriate by the Secretary.
[(e) Protection of Federal Investment.--When delegating a
duty under this section, the Secretary shall ensure that the
terms of an easement include a contingent right of enforcement
for the Department.]
Subchapter B--Conservation Stewardship Program
SEC. 1238D. DEFINITIONS.
In this subchapter:
(1) Agricultural operation.--The term ``agricultural
operation'' means all eligible land, whether or not
contiguous, that is--
(A) under the effective control of a producer
at the time the producer enters into a contract
under the program; and
(B) operated with equipment, labor,
management, and production or cultivation
practices that are substantially separate from
other agricultural operations, as determined by
the Secretary.
(2) Conservation activities.--
(A) In general.--The term ``conservation
activities'' means conservation systems,
practices, or management measures.
(B) Inclusions.--The term ``conservation
activities'' includes--
(i) structural measures, vegetative
measures, and land management measures,
including agriculture drainage
management systems, as determined by
the Secretary; and
(ii) planning needed to address a
priority resource concern.
(3) Conservation stewardship plan.--The term
``conservation stewardship plan'' means a plan that--
(A) identifies and inventories priority
resource concerns;
(B) establishes benchmark data and
conservation objectives;
(C) describes conservation activities to be
implemented, managed, or improved; and
(D) includes a schedule and evaluation plan
for the planning, installation, and management
of the new and existing conservation
activities.
(4) Eligible land.--
(A) In general.--The term ``eligible land''
means--
(i) private or tribal land on which
agricultural commodities, livestock, or
forest-related products are produced;
and
(ii) lands associated with the land
described in clause (i) on which
priority resource concerns could be
addressed through a contract under the
program.
(B) Inclusions.--The term ``eligible land''
includes--
(i) cropland;
(ii) grassland;
(iii) rangeland;
(iv) pasture land;
(v) nonindustrial private forest
land; and
(vi) other agricultural areas
(including cropped woodland, marshes,
and agricultural land used or capable
of being used for the production of
livestock), as determined by the
Secretary.
(5) Priority resource concern.--The term ``priority
resource concern'' means a natural resource concern or
problem, as determined by the Secretary, that--
(A) is identified at the national, State, or
local level as a priority for a particular area
of a State;
(B) represents a significant concern in a
State or region; and
(C) is likely to be addressed successfully
through the implementation of conservation
activities under this program.
(6) Program.--The term ``program'' means the
conservation stewardship program established by this
subchapter.
(7) Stewardship threshold.--The term ``stewardship
threshold'' means the level of management required, as
determined by the Secretary, to conserve and improve
the quality and condition of a natural resource.
SEC. 1238E. CONSERVATION STEWARDSHIP PROGRAM.
(a) Establishment and Purpose.--During each of fiscal years
2013 through 2017, the Secretary shall carry out a conservation
stewardship program to encourage producers to address priority
resource concerns in a comprehensive manner--
(1) by undertaking additional conservation
activities; and
(2) by improving, maintaining, and managing existing
conservation activities.
(b) Exclusions.--
(1) Land enrolled in other conservation programs.--
Subject to paragraph (2), the following land (even if
covered by the definition of eligible land) is not
eligible for enrollment in the program:
(A) Land enrolled in the conservation reserve
program, unless--
(i) the conservation reserve contract
will expire at the end of the fiscal
year in which the land is to be
enrolled in the program; and
(ii) conservation reserve program
payments for land enrolled in the
program cease before the first program
payment is made to the applicant under
this subchapter.
(B) Land enrolled in a wetland easement
through the agricultural conservation easement
program.
(C) Land enrolled in the conservation
security program.
(2) Conversion to cropland.--Eligible land used for
crop production after October 1, 2012, that had not
been planted, considered to be planted, or devoted to
crop production for at least 4 of the 6 years preceding
that date shall not be the basis for any payment under
the program, unless the land does not meet the
requirement because--
(A) the land had previously been enrolled in
the conservation reserve program;
(B) the land has been maintained using long-
term crop rotation practices, as determined by
the Secretary; or
(C) the land is incidental land needed for
efficient operation of the farm or ranch, as
determined by the Secretary.
SEC. 1238F. STEWARDSHIP CONTRACTS.
(a) Submission of Contract Offers.--To be eligible to
participate in the conservation stewardship program, a producer
shall submit to the Secretary a contract offer for the
agricultural operation that--
(1) demonstrates to the satisfaction of the Secretary
that the producer, at the time of the contract offer,
meets or exceeds the stewardship threshold for at least
2 priority resource concerns; and
(2) would, at a minimum, meet or exceed the
stewardship threshold for at least 1 additional
priority resource concern by the end of the stewardship
contract by--
(A) installing and adopting additional
conservation activities; and
(B) improving, maintaining, and managing
existing conservation activities across the
entire agricultural operation in a manner that
increases or extends the conservation benefits
in place at the time the contract offer is
accepted by the Secretary.
(b) Evaluation of Contract Offers.--
(1) Ranking of applications.--In evaluating contract
offers submitted under subsection (a), the Secretary
shall rank applications based on--
(A) the level of conservation treatment on
all applicable priority resource concerns at
the time of application;
(B) the degree to which the proposed
conservation activities effectively increase
conservation performance;
(C) the number of applicable priority
resource concerns proposed to be treated to
meet or exceed the stewardship threshold by the
end of the contract;
(D) the extent to which other priority
resource concerns will be addressed to meet or
exceed the stewardship threshold by the end of
the contract period;
(E) the extent to which the actual and
anticipated conservation benefits from the
contract are provided at the least cost
relative to other similarly beneficial contract
offers; and
(F) the extent to which priority resource
concerns will be addressed when transitioning
from the conservation reserve program to
agricultural production.
(2) Prohibition.--The Secretary may not assign a
higher priority to any application because the
applicant is willing to accept a lower payment than the
applicant would otherwise be eligible to receive.
(3) Additional criteria.--The Secretary may develop
and use such additional criteria that the Secretary
determines are necessary to ensure that national,
State, and local priority resource concerns are
effectively addressed.
(c) Entering Into Contracts.--After a determination that a
producer is eligible for the program under subsection (a), and
a determination that the contract offer ranks sufficiently high
under the evaluation criteria under subsection (b), the
Secretary shall enter into a conservation stewardship contract
with the producer to enroll the eligible land to be covered by
the contract.
(d) Contract Provisions.--
(1) Term.--A conservation stewardship contract shall
be for a term of 5 years.
(2) Required provisions.--The conservation
stewardship contract of a producer shall--
(A) state the amount of the payment the
Secretary agrees to make to the producer for
each year of the conservation stewardship
contract under section 1238G(d);
(B) require the producer--
(i) to implement a conservation
stewardship plan that describes the
program purposes to be achieved through
1 or more conservation activities;
(ii) to maintain and supply
information as required by the
Secretary to determine compliance with
the conservation stewardship plan and
any other requirements of the program;
and
(iii) not to conduct any activities
on the agricultural operation that
would tend to defeat the purposes of
the program;
(C) permit all economic uses of the eligible
land that--
(i) maintain the agricultural nature
of the land; and
(ii) are consistent with the
conservation purposes of the
conservation stewardship contract;
(D) include a provision to ensure that a
producer shall not be considered in violation
of the contract for failure to comply with the
contract due to circumstances beyond the
control of the producer, including a disaster
or related condition, as determined by the
Secretary;
(E) include provisions requiring that upon
the violation of a term or condition of the
contract at any time the producer has control
of the land--
(i) if the Secretary determines that
the violation warrants termination of
the contract--
(I) the producer shall
forfeit all rights to receive
payments under the contract;
and
(II) the producer shall
refund all or a portion of the
payments received by the
producer under the contract,
including any interest on the
payments, as determined by the
Secretary; or
(ii) if the Secretary determines that
the violation does not warrant
termination of the contract, the
producer shall refund or accept
adjustments to the payments provided to
the producer, as the Secretary
determines to be appropriate;
(F) include provisions in accordance with
paragraphs (3) and (4) of this section; and
(G) include any additional provisions the
Secretary determines are necessary to carry out
the program.
(3) Change of interest in land subject to a
contract.--
(A) In general.--At the time of application,
a producer shall have control of the eligible
land to be enrolled in the program. Except as
provided in subparagraph (B), a change in the
interest of a producer in eligible land covered
by a contract under the program shall result in
the termination of the contract with regard to
that land.
(B) Transfer of duties and rights.--
Subparagraph (A) shall not apply if--
(i) within a reasonable period of
time (as determined by the Secretary)
after the date of the change in the
interest in eligible land covered by a
contract under the program, the
transferee of the land provides written
notice to the Secretary that all duties
and rights under the contract have been
transferred to, and assumed by, the
transferee for the portion of the land
transferred;
(ii) the transferee meets the
eligibility requirements of the
program; and
(iii) the Secretary approves the
transfer of all duties and rights under
the contract.
(4) Modification and termination of contracts.--
(A) Voluntary modification or termination.--
The Secretary may modify or terminate a
contract with a producer if--
(i) the producer agrees to the
modification or termination; and
(ii) the Secretary determines that
the modification or termination is in
the public interest.
(B) Involuntary termination.--The Secretary
may terminate a contract if the Secretary
determines that the producer violated the
contract.
(5) Repayment.--If a contract is terminated, the
Secretary may, consistent with the purposes of the
program--
(A) allow the producer to retain payments
already received under the contract; or
(B) require repayment, in whole or in part,
of payments received and assess liquidated
damages.
(e) Contract Renewal.--At the end of the initial 5-year
contract period, the Secretary may allow the producer to renew
the contract for 1 additional 5-year period if the producer--
(1) demonstrates compliance with the terms of the
initial contract;
(2) agrees to adopt and continue to integrate
conservation activities across the entire agricultural
operation, as determined by the Secretary; and
(3) agrees, by the end of the contract period--
(A) to meet the stewardship threshold of at
least two additional priority resource concerns
on the agricultural operation; or
(B) to exceed the stewardship threshold of
two existing priority resource concerns that
are specified by the Secretary in the initial
contract.
SEC. 1238G. DUTIES OF THE SECRETARY.
(a) In General.--To achieve the conservation goals of a
contract under the conservation stewardship program, the
Secretary shall--
(1) make the program available to eligible producers
on a continuous enrollment basis with 1 or more ranking
periods, one of which shall occur in the first quarter
of each fiscal year;
(2) identify not less than 5 priority resource
concerns in a particular watershed or other appropriate
region or area within a State; and
(3) establish a science-based stewardship threshold
for each priority resource concern identified under
paragraph (2).
(b) Allocation to States.--The Secretary shall allocate acres
to States for enrollment, based--
(1) primarily on each State's proportion of eligible
land to the total acreage of eligible land in all
States; and
(2) also on consideration of--
(A) the extent and magnitude of the
conservation needs associated with agricultural
production in each State;
(B) the degree to which implementation of the
program in the State is, or will be, effective
in helping producers address those needs; and
(C) other considerations to achieve equitable
geographic distribution of funds, as determined
by the Secretary.
(c) Acreage Enrollment Limitation.--During the period
beginning on October 1, 2012, and ending on September 30, 2021,
the Secretary shall, to the maximum extent practicable--
(1) enroll in the program an additional 9,000,000
acres for each fiscal year; and
(2) manage the program to achieve a national average
rate of $18 per acre, which shall include the costs of
all financial assistance, technical assistance, and any
other expenses associated with enrollment or
participation in the program.
(d) Conservation Stewardship Payments.--
(1) Availability of payments.--The Secretary shall
provide annual payments under the program to compensate
the producer for--
(A) installing and adopting additional
conservation activities; and
(B) improving, maintaining, and managing
conservation activities in place at the
agricultural operation of the producer at the
time the contract offer is accepted by the
Secretary.
(2) Payment amount.--The amount of the conservation
stewardship annual payment shall be determined by the
Secretary and based, to the maximum extent practicable,
on the following factors:
(A) Costs incurred by the producer associated
with planning, design, materials, installation,
labor, management, maintenance, or training.
(B) Income forgone by the producer.
(C) Expected conservation benefits.
(D) The extent to which priority resource
concerns will be addressed through the
installation and adoption of conservation
activities on the agricultural operation.
(E) The level of stewardship in place at the
time of application and maintained over the
term of the contract.
(F) The degree to which the conservation
activities will be integrated across the entire
agricultural operation for all applicable
priority resource concerns over the term of the
contract.
(G) Such other factors as determined
appropriate by the Secretary.
(3) Exclusions.--A payment to a producer under this
subsection shall not be provided for--
(A) the design, construction, or maintenance
of animal waste storage or treatment facilities
or associated waste transport or transfer
devices for animal feeding operations; or
(B) conservation activities for which there
is no cost incurred or income forgone to the
producer.
(4) Delivery of payments.--In making payments under
this subsection, the Secretary shall, to the extent
practicable--
(A) prorate conservation performance over the
term of the contract so as to accommodate, to
the extent practicable, producers earning equal
annual payments in each fiscal year; and
(B) make payments as soon as practicable
after October 1 of each fiscal year for
activities carried out in the previous fiscal
year.
(e) Supplemental Payments for Resource-Conserving Crop
Rotations.--
(1) Availability of payments.--The Secretary shall
provide additional payments to producers that, in
participating in the program, agree to adopt or improve
resource-conserving crop rotations to achieve
beneficial crop rotations as appropriate for the
eligible land of the producers.
(2) Beneficial crop rotations.--The Secretary shall
determine whether a resource-conserving crop rotation
is a beneficial crop rotation eligible for additional
payments under paragraph (1) based on whether the
resource-conserving crop rotation is designed to
provide natural resource conservation and production
benefits.
(3) Eligibility.--To be eligible to receive a payment
described in paragraph (1), a producer shall agree to
adopt and maintain beneficial resource-conserving crop
rotations for the term of the contract.
(4) Resource-conserving crop rotation.--In this
subsection, the term ``resource-conserving crop
rotation'' means a crop rotation that--
(A) includes at least 1 resource conserving
crop (as defined by the Secretary);
(B) reduces erosion;
(C) improves soil fertility and tilth;
(D) interrupts pest cycles; and
(E) in applicable areas, reduces depletion of
soil moisture or otherwise reduces the need for
irrigation.
(f) Payment Limitations.--A person or legal entity may not
receive, directly or indirectly, payments under the program
that, in the aggregate, exceed $200,000 under all contracts
entered into during fiscal years 2013 through 2017, excluding
funding arrangements with Indian tribes, regardless of the
number of contracts entered into under the program by the
person or legal entity.
(g) Specialty Crop and Organic Producers.--The Secretary
shall ensure that outreach and technical assistance are
available, and program specifications are appropriate to enable
specialty crop and organic producers to participate in the
program.
(h) Coordination With Organic Certification.--The Secretary
shall establish a transparent means by which producers may
initiate organic certification under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq.) while
participating in a contract under the program.
(i) Regulations.--The Secretary shall promulgate regulations
that--
(1) prescribe such other rules as the Secretary
determines to be necessary to ensure a fair and
reasonable application of the limitations established
under subsection (f); and
(2) otherwise enable the Secretary to carry out the
program.
[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 promote agricultural
production, forest management, and environmental quality as
compatible goals, and to optimize environmental benefits, by--
(1) * * *
* * * * * * *
(3) providing flexible assistance to producers to
install and maintain conservation practices that
sustain food and fiber production while--
(A) enhancing soil, water, and related
natural resources, including grazing land,
forestland, wetland, and wildlife; [and]
(B) developing and improving wildlife
habitat; and
[(B)] (C) conserving energy; and
(4) assisting producers to make beneficial, cost
effective changes to production systems (including
conservation practices related to organic production),
grazing management, fuels management, forest
management, nutrient management associated with
livestock, pest or irrigation management, or other
practices on agricultural and forested land[; and].
[(5) consolidating and streamlining conservation
planning and regulatory compliance processes to reduce
administrative burdens on producers and the cost of
achieving environmental goals.]
* * * * * * *
SEC. 1240B. ESTABLISHMENT AND ADMINISTRATION.
(a) Establishment.--During each of the 2002 through [2014]
2017 fiscal years, the Secretary shall provide payments to
producers that enter into contracts with the Secretary under
the program.
(b) Practices and Term.--
(1) * * *
[(2) Term.--A contract under the program shall have a
term that--
[(A) at a minimum, is equal to the period
beginning on the date on which the contract is
entered into and ending on the date that is one
year after the date on which all practices
under the contract have been implemented; but
[(B) not to exceed 10 years.]
(2) Term.--A contract under the program shall have a
term that does not exceed 10 years.
* * * * * * *
(d) Payments.--
(1) * * *
* * * * * * *
(4) Increased payments for certain producers.--
(A) In general.--Notwithstanding paragraph
(2), in the case of a producer that is a
limited resource, socially disadvantaged farmer
or rancher, veteran farmer or rancher (as
defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279(e))), or a beginning farmer
or rancher, the Secretary shall increase the
amount that would otherwise be provided to a
producer under this subsection--
(i) * * *
* * * * * * *
[(B) Advance payments.--Not more than 30
percent of the amount determined under
subparagraph (A) may be provided in advance for
the purpose of purchasing materials or
contracting.]
(B) Advance payments.--
(i) In general.--Not more than 50
percent of the amount determined under
subparagraph (A) may be provided in
advance for the purpose of purchasing
materials or contracting.
(ii) Return of funds.--If funds
provided in advance are not expended
during the 90-day period beginning on
the date of receipt of the funds, the
funds shall be returned within a
reasonable time frame, as determined by
the Secretary.
* * * * * * *
[(f) Allocation of Funding.--For each of fiscal years 2002
through 2012, 60 percent of the funds made available for
payments under the program shall be targeted at practices
relating to livestock production.]
(f) Allocation of Funding.--
(1) Livestock.--For each of fiscal years 2013 through
2017, at least 60 percent of the funds made available
for payments under the program shall be targeted at
practices relating to livestock production.
(2) Wildlife habitat.--For each of fiscal years 2013
through 2017, 5 percent of the funds made available for
payments under the program shall be targeted at
practices benefitting wildlife habitat.
(g) Funding for [Federally Recognized Native American Indian
Tribes and Alaska Native Corporations] Indian Tribes.--The
Secretary may enter into alternative funding arrangements with
[federally recognized Native American Indian Tribes and Alaska
Native Corporations (including their affiliated membership
organizations)] Indian tribes if the Secretary determines that
the goals and objectives of the program will be met by such
arrangements, and that statutory limitations regarding
contracts with individual producers will not be exceeded by any
Tribal [or Native Corporation] member.
* * * * * * *
(j) Wildlife Habitat Incentive Practice.--The Secretary shall
provide payments under the program for conservation practices
that support the restoration, development, and improvement of
wildlife habitat on eligible land, including--
(1) upland wildlife habitat;
(2) wetland wildlife habitat;
(3) habitat for threatened and endangered species;
(4) fish habitat;
(5) habitat on pivot corners and other irregular
areas of a field; and
(6) other types of wildlife habitat, as determined
appropriate by the Secretary.
SEC. 1240C. EVALUATION OF APPLICATIONS.
(a) * * *
(b) Prioritization of Applications.--In evaluating
applications under this chapter, the Secretary shall prioritize
applications--
(1) based on their overall level of cost-
effectiveness to ensure that the conservation practices
and approaches proposed are the most efficient means of
achieving the anticipated [environmental] conservation
benefits of the project;
* * * * * * *
(3) that best fulfill the [purpose of the
environmental quality incentives program specified in
section 1240(1)] purposes of the program; and
* * * * * * *
SEC. 1240D. DUTIES OF PRODUCERS.
To receive payments under the program, a producer shall
agree--
(1) * * *
(2) not to conduct any practices on the [farm, ranch,
or forest] enrolled land that would tend to defeat the
purposes of the program;
* * * * * * *
[SEC. 1240G. LIMITATION ON PAYMENTS.
[(a) limitation.--Subject to subsection (b), a person or
legal entity may not receive, directly or indirectly, cost-
share or incentive payments under this chapter that, in the
aggregate, exceed $300,000 for all contracts entered into under
this chapter by the person or entity during any six-year
period, (excluding funding arrangements with federally
recognized Native American Indian Tribes or Alaska Native
Corporations under section 1240B(h)) regardless of the number
of contracts entered into under this chapter by the person or
entity.
[(b) Waiver Authority.--In the case of contracts under this
chapter for projects of special environmental significance
(including projects involving methane digesters), as determined
by the Secretary, the Secretary may--
[(1) waive the limitation otherwise applicable under
subsection (a); and
[(2) raise the limitation to not more than $450,000
during any six-year period.]
SEC. 1240G. LIMITATION ON PAYMENTS.
A person or legal entity may not receive, directly or
indirectly, cost share or incentive payments under this chapter
that, in aggregate, exceed $450,000 for all contracts entered
into under this chapter by the person or legal entity during
the period of fiscal years 2013 through 2017, regardless of the
number of contracts entered into under this chapter by the
person or legal entity.
SEC. 1240H. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
(a) Competitive Grants for Innovative Conservation
Approaches.--
(1) * * *
(2) Use.--The Secretary may provide grants under this
subsection to governmental and non-governmental
organizations and persons, on a competitive basis, to
carry out projects that--
(A) * * *
* * * * * * *
(C) ensure efficient and effective transfer
of innovative technologies and approaches
demonstrated through projects that receive
funding under this section, such as market
systems for pollution reduction and practices
for the storage of carbon in soil[; and];
(D) provide environmental and resource
conservation benefits through increased
participation by producers of specialty
crops[.];
(E) facilitate on-farm conservation research
and demonstration activities; and
(F) facilitate pilot testing of new
technologies or innovative conservation
practices.
[(b) Air Quality Concerns From Agricultural Operations.--
[(1) Implementation assistance.--The Secretary shall
provide payments under this subsection to producers to
implement practices to address air quality concerns
from agricultural operations and to meet Federal,
State, and local regulatory requirements. The funds
shall be made available on the basis of air quality
concerns in a State and shall be used to provide
payments to producers that are cost effective and
reflect innovative technologies.
[(2) Funding.--Of the funds made available to carry
out this chapter, the Secretary shall carry out this
subsection using $37,500,000 for each of fiscal years
2009 through 2012.]
(b) Reporting.--Not later than December 31, 2013, and every
two years thereafter, the Secretary shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the Senate
and the Committee on Agriculture of the House of
Representatives a report on the status of projects funded under
this section, including--
(1) funding awarded;
(2) project results; and
(3) incorporation of project findings, such as new
technology and innovative approaches, into the
conservation efforts implemented by the Secretary.
[SEC. 1240I. AGRICULTURAL WATER ENHANCEMENT PROGRAM.
[(a) Definitions.--In this section:
[(1) Agricultural water enhancement activity.--The
term ``agricultural water enhancement activity''
includes the following activities carried out with
respect to agricultural land:
[(A) Water quality or water conservation plan
development, including resource condition
assessment and modeling.
[(B) Water conservation restoration or
enhancement projects, including conversion to
the production of less water-intensive
agricultural commodities or dryland farming.
[(C) Water quality or quantity restoration or
enhancement projects.
[(D) Irrigation system improvement and
irrigation efficiency enhancement.
[(E) Activities designed to mitigate the
effects of drought.
[(F) Related activities that the Secretary
determines will help achieve water quality or
water conservation benefits on agricultural
land.
[(2) Partner.--The term ``partner'' means an entity
that enters into a partnership agreement with the
Secretary to carry out agricultural water enhancement
activities on a regional basis, including--
[(A) an agricultural or silvicultural
producer association or other group of such
producers;
[(B) a State or unit of local government; or
[(C) a federally recognized Indian tribe.
[(3) Partnership agreement.--The term ``partnership
agreement'' means an agreement between the Secretary
and a partner.
[(4) Program.--The term ``program'' means the
agricultural water enhancement program established
under subsection (b).
[(b) Establishment of Program.--Beginning in fiscal year
2009, the Secretary shall carry out, in accordance with this
section and using such procedures as the Secretary determines
to be appropriate, an agricultural water enhancement program as
part of the environmental quality incentives program to promote
ground and surface water conservation and improve water quality
on agricultural lands--
[(1) by entering into contracts with, and making
payments to, producers to carry out agricultural water
enhancement activities; or
[(2) by entering into partnership agreements with
partners, in accordance with subsection (c), on a
regional level to benefit working agricultural land.
[(c) Partnership Agreements.--
[(1) Agreements authorized.--The Secretary may enter
into partnership agreements to meet the objectives of
the program described in subsection (b).
[(2) Applications.--An application to the Secretary
to enter into a partnership agreement under paragraph
(1) shall include the following:
[(A) A description of the geographical area
to be covered by the partnership agreement.
[(B) A description of the agricultural water
quality or water conservation issues to be
addressed by the partnership agreement.
[(C) A description of the agricultural water
enhancement objectives to be achieved through
the partnership.
[(D) A description of the partners
collaborating to achieve the project objectives
and the roles, responsibilities, and
capabilities of each partner.
[(E) A description of the program resources,
including payments the Secretary is requested
to make.
[(F) Such other such elements as the
Secretary considers necessary to adequately
evaluate and competitively select applications
for partnership agreements.
[(3) Duties of partners.--A partner under a
partnership agreement shall--
[(A) identify producers participating in the
project and act on their behalf in applying for
the program;
[(B) leverage funds provided by the Secretary
with additional funds to help achieve project
objectives;
[(C) conduct monitoring and evaluation of
project effects; and
[(D) at the conclusion of the project, report
to the Secretary on project results.
[(d) Agricultural Water Enhancement Activities by
Producers.--The Secretary shall select agricultural water
enhancement activities proposed by producers according to
applicable requirements under the environmental quality
incentives program.
[(e) Agricultural Water Enhancement Activities by Partners.--
[(1) Competitive process.--The Secretary shall
conduct a competitive process to select partners. In
carrying out the process, the Secretary shall make
public the criteria used in evaluating applications.
[(2) Authority to give priority to certain
proposals.--The Secretary may give a higher priority to
proposals from partners that--
[(A) include high percentages of agricultural
land and producers in a region or other
appropriate area;
[(B) result in high levels of applied
agricultural water quality and water
conservation activities;
[(C) significantly enhance agricultural
activity;
[(D) allow for monitoring and evaluation; and
[(E) assist producers in meeting a regulatory
requirement that reduces the economic scope of
the producer's operation.
[(3) Priority to proposals from states with water
quantity concerns.--The Secretary shall give a higher
priority to proposals from partners that--
[(A) include the conversion of agricultural
land from irrigated farming to dryland farming;
[(B) leverage Federal funds provided under
the program with funds provided by partners;
and
[(C) assist producers in States with water
quantity concerns, as determined by the
Secretary.
[(4) Administration.--In carrying out this
subsection, the Secretary shall--
[(A) accept qualified applications--
[(i) directly from partners applying
on behalf of producers; or
[(ii) from producers applying through
a partner as part of a regional
agricultural water enhancement project;
and
[(B) ensure that resources made available for
regional agricultural water enhancement
activities are delivered in accordance with
applicable program rules.
[(f) Areas Experiencing Exceptional Drought.--Notwithstanding
the purposes described in section 1240, the Secretary shall
consider as an eligible agricultural water enhancement activity
the use of a water impoundment to capture surface water runoff
on agricultural land if the agricultural water enhancement
activity--
[(1) is located in an area that is experiencing or
has experienced exceptional drought conditions during
the previous two calendar years; and
[(2) will capture surface water runoff through the
construction, improvement, or maintenance of irrigation
ponds or small, on-farm reservoirs.
[(g) Waiver Authority.--To assist in the implementation of
agricultural water enhancement activities under the program,
the Secretary shall waive the applicability of the limitation
in section 1001D(b)(2)(B) of this Act for participating
producers if the Secretary determines that the waiver is
necessary to fulfill the objectives of the program.
[(h) Payments Under Program.--
[(1) In general.--The Secretary shall provide
appropriate payments to producers participating in
agricultural water enhancement activities in an amount
determined by the secretary to be necessary to achieve
the purposes of the program described in subsection
(b).
[(2) Payments to producers in states with water
quantity concerns.--The Secretary shall provide
payments for a period of five years to producers
participating in agricultural water enhancement
activities under proposals described in subsection
(e)(3) in an amount sufficient to encourage producers
to convert from irrigated farming to dryland farming.
[(i) Consistency With State Law.--Any agricultural water
enhancement activity conducted under the program shall be
conducted in a manner consistent with State water law.
[(j) Funding.--
[(1) Availability of funds.--In addition to funds
made available to carry out this chapter under section
1241(a), the Secretary shall carry out the program
using, of the funds of the Commodity Credit
Corporation--
[(A) $73,000,000 for each of fiscal years
2009 and 2010;
[(B) $74,000,000 for fiscal year 2011; and
[(C) $60,000,000 for fiscal year 2012 and
each fiscal year thereafter.
[(2) Limitation on administrative expenses.--None of
the funds made available for regional agricultural
water conservation activities under the program may be
used to pay for the administrative expenses of
partners.]
CHAPTER 5--OTHER CONSERVATION PROGRAMS
SEC. 1240M. CONSERVATION OF PRIVATE GRAZING LAND.
(a) * * *
* * * * * * *
(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $60,000,000 for each
of fiscal years 2002 through [2012] 2017.
[SEC. 1240N. WILDLIFE HABITAT INCENTIVE PROGRAM.
[(a) In General.--The Secretary, in consultation with the
State technical committees established under section 1261,
shall establish within the Natural Resources Conservation
Service a program to be known as the wildlife habitat incentive
program (referred to in this section as the ``program'') for
the development of wildlife habitat on private agricultural
land, nonindustrial private forest land, and tribal lands.
[(b) Cost-Share Payments.--
[(1) In general.--Under the program, the Secretary
shall make cost-share payments to owners of lands
referred to in subsection (a) to develop--
[(A) upland wildlife habitat;
[(B) wetland wildlife habitat;
[(C) habitat for threatened and endangered
species;
[(D) fish habitat; and
[(E) other types of wildlife habitat approved
by the Secretary, including habitat developed
on pivot corners and irregular areas.
[(2) Increased cost share for long-term agreements.--
[(A) In general.--In a case in which the
Secretary enters into an agreement or contract
to protect and restore plant and animal habitat
that has a term of at least 15 years, the
Secretary may provide cost-share payments in
addition to amounts provided under paragraph
(1).
[(B) Funding limitation.--The Secretary may
use, for a fiscal year, not more than 25
percent of funds made available under section
1241(a)(7) for the fiscal year to carry out
contracts and agreements described in
subparagraph (A).
[(c) Regional Equity.--In carrying out this section, the
Secretary shall, to the maximum extent practicable, ensure that
regional issues of concern relating to wildlife habitat are
addressed in an appropriate manner.
[(d) Priority for Certain Conservation Initiatives.--In
carrying out this section, the Secretary may give priority to
projects that would address issues raised by State, regional,
and national conservation initiatives.
[(e) Payment Limitation.--Payments made to a person or legal
entity, directly or indirectly, under the program may not
exceed, in the aggregate, $50,000 per year.]
SEC. 1240O. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
(a) * * *
[(b) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $20,000,000 for each
of fiscal years 2008 through 2012.]
(b) Funding.--
(1) Authorization of appropriations.--There is
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2008 through 2017.
(2) Availability of funds.--In addition to funds made
available under paragraph (1), of the funds of the
Commodity Credit Corporation, the Secretary shall use
$5,000,000, to remain available until expended.
[SEC. 1240P. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND SEDIMENT
CONTROL.
[(a) Program Authorized.--The Secretary may carry out the
Great Lakes basin program for soil erosion and sediment control
(referred to in this section as the ``program''), including
providing assistance to implement the recommendations of the
Great Lakes Regional Collaboration Strategy to Restore and
Protect the Great Lakes.
[(b) Consultation and Cooperation.--The Secretary shall carry
out the program in consultation with the Great Lakes Commission
created by Article IV of the Great Lakes Basin Compact (82
Stat. 415) and in cooperation with the Administrator of the
Environmental Protection Agency and the Secretary of the Army.
[(c) Assistance.--In carrying out the program, the Secretary
may--
[(1) provide project demonstration grants, provide
technical assistance, and carry out information and
educational programs to improve water quality in the
Great Lakes basin by reducing soil erosion and
improving sediment control; and
[(2) establish a priority for projects and activities
that--
[(A) directly reduce soil erosion or improve
sediment control;
[(B) reduce soil loss in degraded rural
watersheds; or
[(C) improve water quality for downstream
watersheds.
[(d) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out the program
$5,000,000 for each of fiscal years 2008 through 2012.
[SEC. 1240Q. CHESAPEAKE BAY WATERSHED.
[(a) Chesapeake Bay Watershed Defined.--In this section, the
term ``Chesapeake Bay watershed'' means all tributaries,
backwaters, and side channels, including their watersheds,
draining into the Chesapeake Bay.
[(b) Establishment and Purpose.--The Secretary shall assist
producers in implementing conservation activities on
agricultural lands in the Chesapeake Bay watershed for the
purposes of--
[(1) improving water quality and quantity in the
Chesapeake Bay watershed; and
[(2) restoring, enhancing, and preserving soil, air,
and related resources in the Chesapeake Bay watershed.
[(c) Conservation Activities.--The Secretary shall deliver
the funds made available to carry out this section through
applicable programs under this subtitle to assist producers in
enhancing land and water resources--
[(1) by controlling erosion and reducing sediment and
nutrient levels in ground and surface water; and
[(2) by planning, designing, implementing, and
evaluating habitat conservation, restoration, and
enhancement measures where there is significant
ecological value if the lands are--
[(A) retained in their current use; or
[(B) restored to their natural condition.
[(d) Agreements.--
[(1) In general.--The Secretary shall--
[(A) enter into agreements with producers to
carry out the purposes of this section; and
[(B) use the funds made available to carry
out this section to cover the costs of the
program involved with each agreement.
[(2) Special considerations.--In entering into
agreements under this subsection, the Secretary shall
give special consideration to, and begin evaluating,
applications with producers in the following river
basins:
[(A) The Susquehanna River.
[(B) The Shenandoah River.
[(C) The Potomac River (including North and
South Potomac).
[(D) The Patuxent River.
[(e) Duties of the Secretary.--In carrying out the purposes
in this section, the Secretary shall--
[(1) where available, use existing plans, models, and
assessments to assist producers in implementing
conservation activities; and
[(2) proceed expeditiously with the implementation of
any agreement with a producer that is consistent with
State strategies for the restoration of the Chesapeake
Bay watershed.
[(f) Consultation.--The Secretary, in consultation with
appropriate Federal agencies, shall ensure conservation
activities carried out under this section complement Federal
and State programs, including programs that address water
quality, in the Chesapeake Bay watershed.
[(g) Sense of Congress Regarding Chesapeake Bay Executive
Council.--It is the sense of Congress that the Secretary should
be a member of the Chesapeake Bay Executive Council, and is
authorized to do so under section 1(3) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590a(3)).
[(h) Funding.--
[(1) Availability.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use, to the
maximum extent practicable--
[(A) $23,000,000 for fiscal year 2009;
[(B) $43,000,000 for fiscal year 2010;
[(C) $72,000,000 for fiscal year 2011; and
[(D) $50,000,000 for fiscal year 2012.
[(2) Duration of availability.--Funds made available
under paragraph (1) shall remain available until
expended.]
SEC. 1240R. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
(a) * * *
* * * * * * *
(f) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use, to the maximum extent
practicable, $50,000,000 for the period of fiscal years 2009
through 2012 and $30,000,000 for the period of fiscal years
2013 through 2017.
Subtitle E--Funding and Administration
SEC. 1241. COMMODITY CREDIT CORPORATION.
[(a) In General.--For each of fiscal years 2002 through 2012
(and fiscal year 2014 in the case of the programs specified in
paragraphs (3)(B), (4), (6), and (7)), the Secretary shall use
the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out the following programs under subtitle
D (including the provision of technical assistance):
[(1) The conservation reserve program under
subchapter B of chapter 1, including to the maximum
extent practicable--
[(A) $100,000,000 for the period of fiscal
years 2009 through 2012 to provide cost share
payments under paragraph (3) of section 1234(b)
in connection with thinning activities
conducted on land described in subparagraph
(A)(iii) of such paragraph; and
[(B) $25,000,000 for the period of fiscal
years 2009 through 2012 to carry out section
1235(f) to facilitate the transfer of land
subject to contracts from retired or retiring
owners and operators to beginning farmers or
ranchers and socially disadvantaged farmers or
ranchers.
[(2) The wetlands reserve program under subchapter C
of chapter 1.
[(3)(A) Conservation security program.--The
conservation security program under subchapter A of
chapter 2, using such sums as are necessary to
administer contracts entered into before September 30,
2008.
[(B) Conservation stewardship program.--The
conservation stewardship program under subchapter B of
chapter 2.
[(4) The farmland protection program under subchapter
C of chapter 2, using, to the maximum extent
practicable--
[(A) $97,000,000 in fiscal year 2008;
[(B) $121,000,000 in fiscal year 2009;
[(C) $150,000,000 in fiscal year 2010;
[(D) $175,000,000 in fiscal year 2011; and
[(E) $200,000,000 in each of fiscal years
2012 through 2014.
[(5) The grassland reserve program under subchapter D
of chapter 2.
[(6) The environmental quality incentives program
under chapter 4, using, to the maximum extent
practicable--
[(A) $1,200,000,000 in fiscal year 2008;
[(B) $1,337,000,000 in fiscal year 2009;
[(C) $1,450,000,000 in fiscal year 2010;
[(D) $1,588,000,000 in fiscal year 2011; and
[(E) $1,750,000,000 in each of fiscal years
2012 through 2014.
[(7) The wildlife habitat incentives program under
section 1240N, using, to the maximum extent
practicable--
[(A) $15,000,000 in fiscal year 2002;
[(B) $30,000,000 in fiscal year 2003;
[(C) $60,000,000 in fiscal year 2004; and
[(D) $85,000,000 in each of fiscal years 2005
through 2014.]
(a) Annual Funding.--For each of fiscal years 2013 through
2017, the Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out
the following programs under this title (including the
provision of technical assistance):
(1) The conservation reserve program under subchapter
B of chapter 1 of subtitle D, including, to the maximum
extent practicable, $25,000,000 for the period of
fiscal years 2013 through 2017 to carry out section
1235(f) to facilitate the transfer of land subject to
contracts from retired or retiring owners and operators
to beginning farmers or ranchers and socially
disadvantaged farmers or ranchers.
(2) The agriculture conservation easement program
under subtitle H, using, to the maximum extent
practicable--
(A) $450,000,000 in fiscal year 2013;
(B) $475,000,000 in fiscal year 2014;
(C) $500,000,000 in fiscal year 2015;
(D) $525,000,000 in fiscal year 2016; and
(E) $266,000,000 in fiscal year 2017.
(3) The conservation security program under
subchapter A of chapter 2 of subtitle D, using such
sums as are necessary to administer contracts entered
into before September 30, 2008.
(4) The conservation stewardship program under
subchapter B of chapter 2 of subtitle D.
(5) The environmental quality incentives program
under chapter 4 of subtitle D, using, to the maximum
extent practicable, $1,750,000,000 for each of fiscal
years 2013 through 2017.
(b) Availability of Funds.--Amounts made available by
subsection (a) shall be used by the Secretary to carry out the
programs specified in such subsection for fiscal years 2013
through 2017 and shall remain available until expended. Amounts
made available for the programs specified in such subsection
during a fiscal year through modifications, cancellations,
terminations, and other related administrative actions and not
obligated in that fiscal year shall remain available for
obligation during subsequent fiscal years, but shall reduce the
amount of additional funds made available in the subsequent
fiscal year by an amount equal to the amount remaining
unobligated.
[(b) Technical Assistance.--Effective for fiscal year 2005
and each subsequent fiscal year, Commodity Credit Corporation
funds made available for each of the programs specified in
paragraphs (1) through (7) of subsection (a)--
[(1) shall be available for the provision of
technical assistance for the programs for which funds
are made available; and
[(2) shall not be available for the provision of
technical assistance for conservation programs
specified in subsection (a) other than the program for
which the funds were made available.]
(c) Technical Assistance.--
(1) Availability of funds.--Commodity Credit
Corporation funds made available for a fiscal year for
each of the programs specified in subsection (a)--
(A) shall be available for the provision of
technical assistance for the programs for which
funds are made available as necessary to
implement the programs effectively; and
(B) shall not be available for the provision
of technical assistance for conservation
programs specified in subsection (a) other than
the program for which the funds were made
available.
(2) Report.--Not later than December 31, 2012, the
Secretary shall submit (and update as necessary in
subsequent years) to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report--
(A) detailing the amount of technical
assistance funds requested and apportioned in
each program specified in subsection (a) during
the preceding fiscal year; and
(B) any other data relating to this
subsection that would be helpful to such
Committees.
[(c)] (d) Relationship to Other Law.--The use of Commodity
Credit Corporation funds under subsection (b) to provide
technical assistance shall not be considered an allotment or
fund transfer from the Commodity Credit Corporation for
purposes of the limit on expenditures for technical assistance
imposed by section 11 of the Commodity Credit Corporation
Charter Act (15 U.S.C. 714i).
[(d) Regional Equity.--
[(1) Priority funding to promote equity.--Before
April 1 of each fiscal year, the Secretary shall give
priority for funding under the conservation programs
under subtitle D (excluding the conservation reserve
program under subchapter B of chapter 1, the wetlands
reserve program under subchapter C of chapter 1, and
the conservation security program under subchapter A of
chapter 2) to approved applications in any State that
has not received, for the fiscal year, an aggregate
amount of at least $15,000,000 for those conservation
programs.
[(2) Specific funding allocations.--In determining
the specific funding allocations for States under
paragraph (1), the Secretary shall consider the
respective demand in each State for each program
covered by such paragraph.]
(e) Regional Equity.--
(1) Equitable distribution.--In determining funding
allocations each fiscal year, the Secretary shall,
after considering available funding and program demand
in each State, provide a distribution of funds for
conservation programs under subtitle D (excluding the
conservation reserve program under subchapter B of
chapter 1), subtitle H (excluding wetland easements
under section 1265C), and subtitle I to ensure
equitable program participation proportional to
historical funding allocations and usage by all States.
(2) Minimum percentage.--In determining the specific
funding allocations under paragraph (1), the Secretary
shall--
(A) ensure that during the first quarter of
each fiscal year each State has the opportunity
to establish that the State can use an
aggregate allocation amount of at least 0.6
percent of the funds made available for those
conservation programs; and
(B) for each State that can so establish,
provide an aggregate amount of at least 0.6
percent of the funds made available for those
conservation programs.
[(e)] (f) Acceptance and Use of Contributions.--
(1) * * *
* * * * * * *
[(f)] (g) Allocations Review and Update.--
(1) * * *
* * * * * * *
[(g)] (h) Assistance to Certain Farmers or Ranchers for
Conservation Access.--
(1) Assistance.--Of the funds made available for each
of fiscal years 2009 through [2012] 2017 to carry out
the environmental quality incentives program and the
acres made available for each of such fiscal years to
carry out the conservation stewardship program, the
Secretary shall use, to the maximum extent
practicable--
(A) * * *
* * * * * * *
(4) Preference.--In providing assistance under
paragraph (1), the Secretary shall give preference to a
veteran farmer or rancher (as defined in section
2501(e) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279(e))) that qualifies
under subparagraph (A) or (B) of paragraph (1).
[(h)] (i) Report on Program Enrollments and Assistance.--
Beginning in calendar year 2009, and each year thereafter, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a semiannual report
containing statistics by State related to enrollments in
conservation programs under this subtitle, as follows:
(1) Payments made under the [wetlands reserve
program] agricultural conservation easement program for
easements valued at $250,000 or greater.
[(2) Payments made under the farmland protection
program for easements in which the Federal share is
$250,000 or greater.
[(3) Payments made under the grassland reserve
program valued at $250,000 or greater.]
[(4)] (2) Payments made under the environmental
quality incentives program for land determined to have
special environmental significance pursuant to section
1240G(b).
[(5)] (3) Payments made under the [agricultural water
enhancement program] regional conservation partnership
program subject to the waiver of adjusted gross income
limitations pursuant to section [1240I(g)] 1271C(c)(3).
[(6)] (4) Waivers granted by the Secretary under
section 1001D(b)(2) of this Act in order to protect
environmentally sensitive land of special significance.
SEC. 1242. DELIVERY OF TECHNICAL ASSISTANCE.
(a) * * *
* * * * * * *
(h) Review of Conservation Practice Standards.--
(1) Review required.--The Secretary shall--
(A) review conservation practice standards,
including engineering design specifications, in
effect on the date of the enactment of [the
Food, Conservation, and Energy Act of 2008] the
Federal Agriculture Reform and Risk Management
Act of 2012;
* * * * * * *
(i) Addressing Concerns of [Speciality] Specialty Crop,
Organic, and Precision Agriculture Producers.--
(1) * * *
* * * * * * *
[SEC. 1243. COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE.
[(a) Establishment of Initiative.--The Secretary shall
establish a cooperative conservation partnership initiative (in
this section referred to as the ``Initiative'') to work with
eligible partners to provide assistance to producers enrolled
in a program described in subsection (c)(1) that will enhance
conservation outcomes on agricultural and nonindustrial private
forest land.
[(b) Purposes.--The purposes of a partnership entered into
under the Initiative shall be--
[(1) to address conservation priorities involving
agriculture and nonindustrial private forest land on a
local, State, multi-State, or regional level;
[(2) to encourage producers to cooperate in meeting
applicable Federal, State, and local regulatory
requirements related to production involving
agriculture and nonindustrial private forest land;
[(3) to encourage producers to cooperate in the
installation and maintenance of conservation practices
that affect multiple agricultural or nonindustrial
private forest operations; or
[(4) to promote the development and demonstration of
innovative conservation practices and delivery methods,
including those for specialty crop and organic
production and precision agriculture producers.
[(c) Initiative Programs.--
[(1) Covered programs.--Except as provided in
paragraph (2), the Initiative applies to all
conservation programs under subtitle D.
[(2) Excluded programs.--The Initiative shall not
include the following programs:
[(A) Conservation reserve program.
[(B) Wetlands reserve program.
[(C) Farmland protection program
[(D) Grassland reserve program.
[(d) Eligible Partners.--The Secretary may enter into a
partnership under the Initiative with one or more of the
following:
[(1) States and local governments.
[(2) Indian tribes.
[(3) Producer associations.
[(4) Farmer cooperatives.
[(5) Institutions of higher education.
[(6) Nongovernmental organizations with a history of
working cooperatively with producers to effectively
address conservation priorities related to agricultural
production and nonindustrial private forest land.
[(e) Implementation Agreements.--The Secretary shall carry
out the Initiative--
[(1) by selecting, through a competitive process,
eligible partners from among applications submitted
under subsection (f); and
[(2) by entering into multi-year agreements with
eligible partners so selected for a period not to
exceed 5 years.
[(f) Applications.--
[(1) Required information.--An application to enter
into a partnership agreement under the Initiative shall
include the following:
[(A) A description of the area covered by the
agreement, conservation priorities in the area,
conservation objectives to be achieved, and the
expected level of participation by agricultural
producers and nonindustrial private forest
landowners.
[(B) A description of the partner, or
partners, collaborating to achieve the
objectives of the agreement, and the roles,
responsibilities, and capabilities of the
partner.
[(C) A description of the resources that are
requested from the Secretary, and the non-
Federal resources that will be leveraged by the
Federal contribution.
[(D) A description of the plan for
monitoring, evaluating, and reporting on
progress made towards achieving the objectives
of the agreement.
[(E) Such other information that may be
required by the Secretary.
[(2) Priorities.--The Secretary shall give priority
to applications for agreements that--
[(A) have a high percentage of producers
involved and working agricultural or
nonindustrial private forest land included in
the area covered by the agreement;
[(B) significantly leverage non-Federal
financial and technical resources and
coordinate with other local, State, or Federal
efforts;
[(C) deliver high percentages of applied
conservation to address water quality, water
conservation, or State, regional, or national
conservation initiatives;
[(D) provide innovation in conservation
methods and delivery, including outcome-based
performance measures and methods; or
[(E) meet other factors, as determined by the
Secretary.
[(g) Relationship to Covered Programs.--
[(1) Compliance with program rules.--Except as
provided in paragraph (2), the Secretary shall ensure
that resources made available under the Initiative are
delivered in accordance with the applicable rules of
programs specified in subsection (c)(1) through normal
program mechanisms relating to program functions,
including rules governing appeals, payment limitations,
and conservation compliance.
[(2) Adjustment.--The Secretary may adjust the
elements of any program specified in subsection
(c)(1)--
[(A) to better reflect unique local
circumstances and purposes if the Secretary
determines such adjustments are necessary to
achieve the purposes of the Initiative; and
[(B) to provide preferential enrollment to
producers who are eligible for the applicable
program and to participate in the Initiative.
[(h) Technical and Financial Assistance.--The Secretary shall
provide appropriate technical and financial assistance to
producers participating in the Initiative in an amount
determined to be necessary to achieve the purposes of the
Initiative.
[(i) Funding.--
[(1) Reservation.--Of the funds and acres made
available for each of fiscal years 2009 through 2012 to
implement the programs described in subsection (c)(1),
the Secretary shall reserve 6 percent of the funds and
acres to ensure an adequate source of funds and acres
for the Initiative.
[(2) Allocation requirements.--Of the funds and acres
reserved for the Initiative for a fiscal year, the
Secretary shall allocate--
[(A) 90 percent of the funds and acres to
projects based on the direction of State
conservationists, with the advice of State
technical committees; and
[(B) 10 percent of the funds and acres to
projects based on a national competitive
process established by the Secretary.
[(3) Unused funding.--Any funds and acres reserved
for a fiscal year under paragraph (1) that are not
obligated by April 1 of that fiscal year may be used to
carry out other activities under the program that is
the source of the funds or acres during the remainder
of that fiscal year.
[(4) Administrative costs of partners.--Overhead or
administrative costs of partners may not be covered by
funds provided through the Initiative.]
SEC. 1244. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS.
(a) Incentives for Certain Farmers and Ranchers and Indian
Tribes.--
(1) * * *
(2) Covered persons.--Incentives authorized by
paragraph (1) may be provided to the following:
(A) * * *
* * * * * * *
(E) Veteran farmers or ranchers (as defined
in section 2501(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e))).
* * * * * * *
(c) Plans.--The Secretary shall, to the extent practicable,
avoid duplication in--
(1) the conservation plans required for--
(A) highly erodible land conservation under
subtitle B; and
(B) the conservation reserve program
established under subchapter B of chapter 1 of
subtitle D; [and]
[(C) the wetlands reserve program established
under subchapter C of chapter 1 of subtitle D;
and]
(2) the agricultural conservation easement program
established under subtitle H; and
[(2)] (3) the environmental quality incentives
program established under chapter 4 of subtitle D.
(d) Tenant Protection.--Except for a person who is a tenant
on land that is subject to a conservation reserve contract that
has been extended by the Secretary, the Secretary shall provide
adequate safeguards to protect the interests of tenants and
sharecroppers, including provision for sharing, on a fair and
equitable basis, in payments under the programs established
under subtitles B through D, H, and I.
* * * * * * *
(f) Acreage Limitations.--
(1) Limitations.--
(A) Enrollments.--The Secretary shall not
enroll more than 25 percent of the cropland in
any county in the [programs administered under
subchapters B and C of chapter 1 of subtitle D]
conservation reserve program established under
subchapter B of chapter 1 of subtitle D and
wetland easements under section 1265C.
(B) Easements.--Not more than 10 percent of
the cropland in a [country] county may be
subject to [an easement acquired under
subchapter C of chapter 1 of subtitle D] a
wetland easement under section 1265C.
* * * * * * *
(3) Waiver to exclude certain acreage.--The Secretary
may grant a waiver to exclude acreage enrolled under
[subsection (c)(2)(B) or (f)(4)] subsection
(c)(2)(A)(ii) or (f)(2) of section 1234 from the
limitations in paragraph (1)(A) with the concurrence of
the county government of the county involved.
* * * * * * *
(5) Calculation.--In calculating the percentages
described in paragraph (1), the Secretary shall include
any acreage that was included in calculations of
percentages made under such paragraph, as in effect on
September 30, 2012, and that remains enrolled when the
calculation is made after that date under paragraph
(1).
* * * * * * *
(j) Improved Administrative Efficiency and Effectiveness.--In
administrating a conservation program under this title, the
Secretary shall, to the maximum extent practicable--
(1) seek to reduce administrative burdens and costs
to producers by streamlining conservation planning and
program resources; and
(2) take advantage of new technologies to enhance
efficiency and effectiveness.
(k) Relation to Other Payments.--Any payment received by an
owner or operator under this title, including an easement
payment or rental payment, shall be in addition to, and not
affect, the total amount of payments that the owner or operator
is otherwise eligible to receive under any of the following:
(1) This Act.
(2) The Agricultural Act of 1949 (7 U.S.C. 1421 et
seq.).
(3) The Federal Agriculture Reform and Risk
Management Act of 2012.
(4) Any law that succeeds a law specified in
paragraph (1), (2), or (3).
* * * * * * *
SEC. 1246. REGULATIONS.
(a) In General.--The Secretary shall promulgate such
regulations as are necessary to implement programs under this
title, including such regulations as the Secretary determines
to be necessary to ensure a fair and reasonable application of
the limitations established under section 1244(f).
(b) Rulemaking Procedure.--The promulgation of regulations
and administration of programs under this title--
(1) shall be carried out without regard to--
(A) the Statement of Policy of the Secretary
effective July 24, 1971 (36 Fed. Reg. 13804),
relating to notices of proposed rulemaking and
public participation in rulemaking; and
(B) chapter 35 of title 44, United States
Code (commonly known as the Paperwork Reduction
Act); and
(2) shall be made as an interim rule effective on
publication with an opportunity for notice and comment.
(c) Congressional Review of Agency Rulemaking.--In
promulgating regulations under this section, the Secretary
shall use the authority provided under section 808 of title 5,
United States Code.
Subtitle F--Other Conservation Provisions
SEC. 1252. AGRICULTURE CONSERVATION EXPERIENCED SERVICES PROGRAM.
(a) * * *
* * * * * * *
[(c) Funding Source.--
[(1) In general.--Except as provided in paragraph
(2), the Secretary may carry out the ACES program using
funds made available to carry out each program under
this title.
[(2) Exclusions.--Funds made available to carry out
the following programs may not be used to carry out the
ACES program:
[(A) The conservation reserve program.
[(B) The wetlands reserve program.
[(C) The grassland reserve program.
[(D) The conservation stewardship program.]
(c) Funding.--
(1) In general.--The Secretary may carry out the ACES
program using funds made available to carry out each
program under this title.
(2) Exclusion.--Funds made available to carry out the
conservation reserve program may not be used to carry
out the ACES program.
* * * * * * *
Subtitle G--State Technical Committees
SEC. 1261. ESTABLISHMENT OF STATE TECHNICAL COMMITTEES.
(a) * * *
(b) Standards.--[Not later than 180 days after the date of
enactment of the Food, Conservation, and Energy Act of 2008,
the Secretary shall develop] The Secretary shall review and
update as necessary--
(1) * * *
* * * * * * *
Subtitle H--Agricultural Conservation Easement Program
SEC. 1265. ESTABLISHMENT AND PURPOSES.
(a) Establishment.--The Secretary shall establish an
agricultural conservation easement program for the conservation
of eligible land and natural resources through easements or
other interests in land.
(b) Purposes.--The purposes of the program are to--
(1) combine the purposes and coordinate the functions
of the wetlands reserve program established under
section 1237, the grassland reserve program established
under section 1238N, and the farmland protection
program established under section 1238I, as such
sections were in effect on September 30, 2012;
(2) restore, protect, and enhance wetlands on
eligible land;
(3) protect the agricultural use and related
conservation values of eligible land by limiting
nonagricultural uses of that land; and
(4) protect grazing uses and related conservation
values by restoring and conserving eligible land.
SEC. 1265A. DEFINITIONS.
In this subtitle:
(1) Agricultural land easement.--The term
``agricultural land easement'' means an easement or
other interest in eligible land that--
(A) is conveyed for the purpose of protecting
natural resources and the agricultural nature
of the land; and
(B) permits the landowner the right to
continue agricultural production and related
uses subject to an agricultural land easement
plan, as approved by the Secretary.
(2) Eligible entity.--The term ``eligible entity''
means--
(A) an agency of State or local government or
an Indian tribe (including a farmland
protection board or land resource council
established under State law); or
(B) an organization that is--
(i) organized for, and at all times
since the formation of the organization
has been operated principally for, 1 or
more of the conservation purposes
specified in clause (i), (ii), (iii),
or (iv) of section 170(h)(4)(A) of the
Internal Revenue Code of 1986;
(ii) an organization described in
section 501(c)(3) of that Code that is
exempt from taxation under section
501(a) of that Code; or
(iii) described in--
(I) paragraph (1) or (2) of
section 509(a) of that Code; or
(II) section 509(a)(3) of
that Code and is controlled by
an organization described in
section 509(a)(2) of that Code.
(3) Eligible land.--The term ``eligible land'' means
private or tribal land that is--
(A) in the case of an agricultural land
easement, agricultural land, including land on
a farm or ranch--
(i) that is subject to a pending
offer for purchase of an agricultural
land easement from an eligible entity;
(ii) that--
(I) has prime, unique, or
other productive soil;
(II) contains historical or
archaeological resources; or
(III) the protection of which
will further a State or local
policy consistent with the
purposes of the program; and
(iii) that is--
(I) cropland;
(II) rangeland;
(III) grassland or land that
contains forbs, or shrubland
for which grazing is the
predominate use;
(IV) pastureland; or
(V) nonindustrial private
forest land that contributes to
the economic viability of an
offered parcel or serves as a
buffer to protect such land
from development;
(B) in the case of a wetland easement, a
wetland or related area, including--
(i) farmed or converted wetlands,
together with adjacent land that is
functionally dependent on that land, if
the Secretary determines it--
(I) is likely to be
successfully restored in a cost
effective manner; and
(II) will maximize the
wildlife benefits and wetland
functions and values, as
determined by the Secretary in
consultation with the Secretary
of the Interior at the local
level;
(ii) cropland or grassland that was
used for agricultural production prior
to flooding from the natural overflow
of--
(I) a closed basin lake and
adjacent land that is
functionally dependent upon it,
if the State or other entity is
willing to provide 50 percent
share of the cost of an
easement;
(II) a pothole and adjacent
land that is functionally
dependent on it;
(iii) farmed wetlands and adjoining
lands that--
(I) are enrolled in the
conservation reserve program;
(II) have the highest wetland
functions and values, as
determined by the Secretary;
and
(III) are likely to return to
production after they leave the
conservation reserve program;
(iv) riparian areas that link
wetlands that are protected by
easements or some other device that
achieves the same purpose as an
easement; or
(v) other wetlands of an owner that
would not otherwise be eligible, if the
Secretary determines that the inclusion
of such wetlands in a wetland easement
would significantly add to the
functional value of the easement; or
(C) in the case of either an agricultural
land easement or wetland easement, other land
that is incidental to land described in
subparagraph (A) or (B), if the Secretary
determines that it is necessary for the
efficient administration of the easements under
this program.
(4) Program.--The term ``program'' means the
agricultural conservation easement program established
by this subtitle.
(5) Wetland easement.--The term ``wetland easement''
means a reserved interest in eligible land that--
(A) is defined and delineated in a deed; and
(B) stipulates--
(i) the rights, title, and interests
in land conveyed to the Secretary; and
(ii) the rights, title, and interests
in land that are reserved to the
landowner.
SEC. 1265B. AGRICULTURAL LAND EASEMENTS.
(a) Availability of Assistance.--The Secretary shall
facilitate and provide funding for--
(1) the purchase by eligible entities of agricultural
land easements and other interests in eligible land;
and
(2) technical assistance to provide for the
conservation of natural resources pursuant to an
agricultural land easement plan.
(b) Cost-Share Assistance.--
(1) In general.--The Secretary shall protect the
agricultural use, including grazing, and related
conservation values of eligible land through cost-share
assistance to eligible entities for purchasing
agricultural land easements.
(2) Scope of assistance available.--
(A) Federal share.--An agreement described in
paragraph (4) shall provide for a Federal share
determined by the Secretary of an amount not to
exceed 50 percent of the fair market value of
the agricultural land easement or other
interest in land, as determined by the
Secretary using--
(i) the Uniform Standards of
Professional Appraisal Practice;
(ii) an area-wide market analysis or
survey; or
(iii) another industry-approved
method.
(B) Non-federal share.--
(i) In general.--Under the agreement,
the eligible entity shall provide a
share that is at least equivalent to
that provided by the Secretary.
(ii) Source of contribution.--An
eligible entity may include as part of
its share a charitable donation or
qualified conservation contribution (as
defined by section 170(h) of the
Internal Revenue Code of 1986) from the
private landowner if the eligible
entity contributes its own cash
resources in an amount that is at least
50 percent of the amount contributed by
the Secretary.
(C) Exception.--In the case of grassland of
special environmental significance, as
determined by the Secretary, the Secretary may
provide an amount not to exceed 75 percent of
the fair market value of the agricultural land
easement.
(3) Evaluation and ranking of applications.--
(A) Criteria.--The Secretary shall establish
evaluation and ranking criteria to maximize the
benefit of Federal investment under the
program.
(B) Considerations.--In establishing the
criteria, the Secretary shall emphasize support
for--
(i) protecting agricultural uses and
related conservation values of the
land; and
(ii) maximizing the protection of
areas devoted to agricultural use.
(C) Bidding down.--If the Secretary
determines that 2 or more applications for
cost-share assistance are comparable in
achieving the purpose of the program, the
Secretary shall not assign a higher priority to
any of those applications solely on the basis
of lesser cost to the program.
(4) Agreements with eligible entities.--
(A) In general.--The Secretary shall enter
into agreements with eligible entities to
stipulate the terms and conditions under which
the eligible entity is permitted to use cost-
share assistance provided under this section.
(B) Length of agreements.--An agreement shall
be for a term that is--
(i) in the case of an eligible entity
certified under the process described
in paragraph (5), a minimum of five
years; and
(ii) for all other eligible entities,
at least three, but not more than five
years.
(C) Minimum terms and conditions.--An
eligible entity shall be authorized to use its
own terms and conditions for agricultural land
easements so long as the Secretary determines
such terms and conditions--
(i) are consistent with the purposes
of the program;
(ii) permit effective enforcement of
the conservation purposes of such
easements;
(iii) include a right of enforcement
for the Secretary, that may be used
only if the terms of the easement are
not enforced by the holder of the
easement;
(iv) subject the land in which an
interest is purchased to an
agricultural land easement plan that--
(I) describes the activities
which promote the long-term
viability of the land to meet
the purposes for which the
easement was acquired;
(II) requires the management
of grasslands according to a
grasslands management plan; and
(III) includes a conservation
plan, where appropriate, and
requires, at the option of the
Secretary, the conversion of
highly erodible cropland to
less intensive uses; and
(v) include a limit on the impervious
surfaces to be allowed that is
consistent with the agricultural
activities to be conducted.
(D) Substitution of qualified projects.--An
agreement shall allow, upon mutual agreement of
the parties, substitution of qualified projects
that are identified at the time of the proposed
substitution.
(E) Effect of violation.--If a violation
occurs of a term or condition of an agreement
under this subsection--
(i) the Secretary may terminate the
agreement; and
(ii) the Secretary may require the
eligible entity to refund all or part
of any payments received by the entity
under the program, with interest on the
payments as determined appropriate by
the Secretary.
(5) Certification of eligible entities.--
(A) Certification process.--The Secretary
shall establish a process under which the
Secretary may--
(i) directly certify eligible
entities that meet established
criteria;
(ii) enter into long-term agreements
with certified eligible entities; and
(iii) accept proposals for cost-share
assistance for the purchase of
agricultural land easements throughout
the duration of such agreements.
(B) Certification criteria.--In order to be
certified, an eligible entity shall demonstrate
to the Secretary that the entity will maintain,
at a minimum, for the duration of the
agreement--
(i) a plan for administering
easements that is consistent with the
purpose of this subtitle;
(ii) the capacity and resources to
monitor and enforce agricultural land
easements; and
(iii) policies and procedures to
ensure--
(I) the long-term integrity
of agricultural land easements
on eligible land;
(II) timely completion of
acquisitions of such easements;
and
(III) timely and complete
evaluation and reporting to the
Secretary on the use of funds
provided under the program.
(C) Review and revision.--
(i) Review.--The Secretary shall
conduct a review of eligible entities
certified under subparagraph (A) every
three years to ensure that such
entities are meeting the criteria
established under subparagraph (B).
(ii) Revocation.--If the Secretary
finds that the certified eligible
entity no longer meets the criteria
established under subparagraph (B), the
Secretary may--
(I) allow the certified
eligible entity a specified
period of time, at a minimum
180 days, in which to take such
actions as may be necessary to
meet the criteria; and
(II) revoke the certification
of the eligible entity, if
after the specified period of
time, the certified eligible
entity does not meet such
criteria.
(c) Method of Enrollment.--The Secretary shall enroll
eligible land under this section through the use of--
(1) permanent easements; or
(2) easements for the maximum duration allowed under
applicable State laws.
(d) Technical Assistance.--The Secretary may provide
technical assistance, if requested, to assist in--
(1) compliance with the terms and conditions of
easements; and
(2) implementation of an agricultural land easement
plan.
SEC. 1265C. WETLAND EASEMENTS.
(a) Availability of Assistance.--The Secretary shall provide
assistance to owners of eligible land to restore, protect, and
enhance wetlands through--
(1) wetland easements and related wetland easement
plans; and
(2) technical assistance.
(b) Easements.--
(1) Method of enrollment.--The Secretary shall enroll
eligible land under this section through the use of--
(A) 30-year easements;
(B) permanent easements;
(C) easements for the maximum duration
allowed under applicable State laws; or
(D) as an option for Indian tribes only, 30-
year contracts (which shall be considered to be
30-year easements for the purposes of this
subtitle).
(2) Limitations.--
(A) Ineligible land.--The Secretary may not
acquire easements on--
(i) land established to trees under
the conservation reserve program,
except in cases where the Secretary
determines it would further the
purposes of the program; and
(ii) farmed wetlands or converted
wetlands where the conversion was not
commenced prior to December 23, 1985.
(B) Changes in ownership.--No wetland
easement shall be created on land that has
changed ownership during the preceding 24-month
period unless--
(i) the new ownership was acquired by
will or succession as a result of the
death of the previous owner;
(ii)(I) the ownership change occurred
because of foreclosure on the land; and
(II) immediately before the
foreclosure, the owner of the land
exercises a right of redemption from
the mortgage holder in accordance with
State law; or
(iii) the Secretary determines that
the land was acquired under
circumstances that give adequate
assurances that such land was not
acquired for the purposes of placing it
in the program.
(3) Evaluation and ranking of offers.--
(A) Criteria.--The Secretary shall establish
evaluation and ranking criteria to maximize the
benefit of Federal investment under the
program.
(B) Considerations.--When evaluating offers
from landowners, the Secretary may consider--
(i) the conservation benefits of
obtaining a wetland easement, including
the potential environmental benefits if
the land was removed from agricultural
production;
(ii) the cost-effectiveness of each
wetland easement, so as to maximize the
environmental benefits per dollar
expended;
(iii) whether the landowner or
another person is offering to
contribute financially to the cost of
the wetland easement to leverage
Federal funds; and
(iv) such other factors as the
Secretary determines are necessary to
carry out the purposes of the program.
(C) Priority.--The Secretary shall place
priority on acquiring wetland easements based
on the value of the wetland easement for
protecting and enhancing habitat for migratory
birds and other wildlife.
(4) Agreement.--To be eligible to place eligible land
into the program through a wetland easement, the owner
of such land shall enter into an agreement with the
Secretary to--
(A) grant an easement on such land to the
Secretary;
(B) authorize the implementation of a wetland
easement plan developed for the eligible land
under subsection (f);
(C) create and record an appropriate deed
restriction in accordance with applicable State
law to reflect the easement agreed to;
(D) provide a written statement of consent to
such easement signed by those holding a
security interest in the land;
(E) comply with the terms and conditions of
the easement and any related agreements; and
(F) permanently retire any existing base
history for the land on which the easement has
been obtained.
(5) Terms and conditions of easement.--
(A) In general.--A wetland easement shall
include terms and conditions that--
(i) permit--
(I) repairs, improvements,
and inspections on the land
that are necessary to maintain
existing public drainage
systems; and
(II) owners to control public
access on the easement areas
while identifying access routes
to be used for restoration
activities and management and
easement monitoring;
(ii) prohibit--
(I) the alteration of
wildlife habitat and other
natural features of such land,
unless specifically authorized
by the Secretary;
(II) the spraying of such
land with chemicals or the
mowing of such land, except
where such spraying or mowing
is authorized by the Secretary
or is necessary--
(aa) to comply with
Federal or State
noxious weed control
laws;
(bb) to comply with a
Federal or State
emergency pest
treatment program; or
(cc) to meet habitat
needs of specific
wildlife species;
(III) any activities to be
carried out on the owner's or
successor's land that is
immediately adjacent to, and
functionally related to, the
land that is subject to the
easement if such activities
will alter, degrade, or
otherwise diminish the
functional value of the
eligible land; and
(IV) the adoption of any
other practice that would tend
to defeat the purposes of the
program, as determined by the
Secretary;
(iii) provide for the efficient and
effective establishment of wildlife
functions and values; and
(iv) include such additional
provisions as the Secretary determines
are desirable to carry out the program
or facilitate the practical
administration thereof.
(B) Violation.--On the violation of the terms
or conditions of a wetland easement, the
wetland easement shall remain in force and the
Secretary may require the owner to refund all
or part of any payments received by the owner
under the program, together with interest
thereon as determined appropriate by the
Secretary.
(C) Compatible uses.--Land subject to a
wetland easement may be used for compatible
economic uses, including such activities as
hunting and fishing, managed timber harvest, or
periodic haying or grazing, if such use is
specifically permitted by the wetland easement
plan developed for the land under subsection
(f) and is consistent with the long-term
protection and enhancement of the wetland
resources for which the easement was
established.
(D) Reservation of grazing rights.--The
Secretary may include in the terms and
conditions of a wetland easement a provision
under which the owner reserves grazing rights
if--
(i) the Secretary determines that the
reservation and use of the grazing
rights--
(I) is compatible with the
land subject to the easement;
(II) is consistent with the
historical natural uses of the
land and the long-term
protection and enhancement
goals for which the easement
was established; and
(III) complies with the
wetland easement plan developed
for the land under subsection
(f); and
(ii) the agreement provides for a
commensurate reduction in the easement
payment to account for the grazing
value, as determined by the Secretary.
(6) Compensation.--
(A) Determination.--
(i) Permanent easements.--The
Secretary shall pay as compensation for
a permanent wetland easement acquired
under the program an amount necessary
to encourage enrollment in the program,
based on the lowest of--
(I) the fair market value of
the land, as determined by the
Secretary, using the Uniform
Standards of Professional
Appraisal Practice or an area-
wide market analysis or survey;
(II) the amount corresponding
to a geographical cap, as
determined by the Secretary in
regulations; or
(III) the offer made by the
landowner.
(ii) 30-year easements.--Compensation
for a 30-year wetland easement shall be
not less than 50 percent, but not more
than 75 percent, of the compensation
that would be paid for a permanent
wetland easement.
(B) Form of payment.--Compensation for a
wetland easement shall be provided by the
Secretary in the form of a cash payment, in an
amount determined under subparagraph (A).
(C) Payment schedule.--
(i) Easements valued at $500,000 or
less.--For wetland easements valued at
$500,000 or less, the Secretary may
provide easement payments in not more
than 10 annual payments.
(ii) Easements valued at more than
$500,000.--For wetland easements valued
at more than $500,000, the Secretary
may provide easement payments in at
least 5, but not more than 10 annual
payments, except that, if the Secretary
determines it would further the
purposes of the program, the Secretary
may make a lump sum payment for such an
easement.
(c) Easement Restoration.--
(1) In general.--The Secretary shall provide
financial assistance to owners of eligible land to
carry out the establishment of conservation measures
and practices and protect wetland functions and values,
including necessary maintenance activities, as set
forth in a wetland easement plan developed for the
eligible land under subsection (f).
(2) Payments.--The Secretary shall--
(A) in the case of a permanent wetland
easement, pay an amount that is not less than
75 percent, but not more than 100 percent, of
the eligible costs, as determined by the
Secretary; and
(B) in the case of a 30-year wetland
easement, pay an amount that is not less than
50 percent, but not more than 75 percent, of
the eligible costs, as determined by the
Secretary.
(d) Technical Assistance.--
(1) In general.--The Secretary shall assist owners in
complying with the terms and conditions of wetland
easements.
(2) Contracts or agreements.--The Secretary may enter
into 1 or more contracts with private entities or
agreements with a State, non-governmental organization,
or Indian tribe to carry out necessary restoration,
enhancement, or maintenance of a wetland easement if
the Secretary determines that the contract or agreement
will advance the purposes of the program.
(e) Wetland Enhancement Option.--The Secretary may enter into
1 or more agreements with a State (including a political
subdivision or agency of a State), nongovernmental
organization, or Indian tribe to carry out a special wetland
enhancement option that the Secretary determines would advance
the purposes of program.
(f) Administration.--
(1) Wetland easement plan.--The Secretary shall
develop a wetland easement plan for eligible lands
subject to a wetland easement, which shall include
practices and activities necessary to restore, protect,
enhance, and maintain the enrolled lands.
(2) Delegation of easement administration.--The
Secretary may delegate--
(A) any of the easement management,
monitoring, and enforcement responsibilities of
the Secretary to other Federal or State
agencies that have the appropriate authority,
expertise, and resources necessary to carry out
such delegated responsibilities; and
(B) any of the easement management
responsibilities of the Secretary to other
conservation organizations if the Secretary
determines the organization has the appropriate
expertise and resources.
(3) Payments.--
(A) Timing of payments.--The Secretary shall
provide payment for obligations incurred by the
Secretary under this section--
(i) with respect to any easement
restoration obligation under subsection
(c), as soon as possible after the
obligation is incurred; and
(ii) with respect to any annual
easement payment obligation incurred by
the Secretary, as soon as possible
after October 1 of each calendar year.
(B) Payments to others.--If an owner who is
entitled to a payment under this section dies,
becomes incompetent, is otherwise unable to
receive such payment, or is succeeded by
another person or entity who renders or
completes the required performance, the
Secretary shall make such payment, in
accordance with regulations prescribed by the
Secretary and without regard to any other
provision of law, in such manner as the
Secretary determines is fair and reasonable in
light of all of the circumstances.
SEC. 1265D. ADMINISTRATION.
(a) Ineligible Land.--The Secretary may not use program funds
for the purposes of acquiring an easement on--
(1) lands owned by an agency of the United States,
other than land held in trust for Indian tribes;
(2) lands owned in fee title by a State, including an
agency or a subdivision of a State, or a unit of local
government;
(3) land subject to an easement or deed restriction
which, as determined by the Secretary, provides similar
protection as would be provided by enrollment in the
program; or
(4) lands where the purposes of the program would be
undermined due to on-site or off-site conditions, such
as risk of hazardous substances, proposed or existing
rights of way, infrastructure development, or adjacent
land uses.
(b) Priority.--In evaluating applications under the program,
the Secretary may give priority to land that is currently
enrolled in the conservation reserve program in a contract that
is set to expire within 1 year and--
(1) in the case of an agricultural land easement, is
grassland that would benefit from protection under a
long-term easement; and
(2) in the case of a wetland easement, is a wetland
or related area with the highest functions and value
and is likely to return to production after the land
leaves the conservation reserve program.
(c) Subordination, Exchange, Modification, and Termination.--
(1) In general.--The Secretary may subordinate,
exchange, modify, or terminate any interest in land, or
portion of such interest, administered by the
Secretary, either directly or on behalf of the
Commodity Credit Corporation under the program if the
Secretary determines that--
(A) it is in the Federal Government's
interest to subordinate, exchange, modify, or
terminate the interest in land;
(B) the subordination, exchange,
modification, or termination action--
(i) will address a compelling public
need for which there is no practicable
alternative; or
(ii) such action will further the
practical administration of the
program; and
(C) the subordination, exchange,
modification, or termination action will result
in comparable conservation value and equivalent
or greater economic value to the United States.
(2) Consultation.--The Secretary shall work with the
owner, and eligible entity if applicable, to address
any subordination, exchange, modification, or
termination of the interest, or portion of such
interest, in land.
(3) Notice.--At least 90 days before taking any
termination action described in paragraph (1), the
Secretary shall provide written notice of such action
to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(d) Land Enrolled in Conservation Reserve Program.--The
Secretary may terminate or modify a contract entered into under
section 1231(a) if eligible land that is subject to such
contract is transferred into the program.
(e) Allocation of Funds for Agricultural Land Easements.--Of
the funds made available under section 1241 to carry out the
program for a fiscal year, the Secretary shall, to the extent
practicable, use for agricultural land easements--
(1) no less than 40 percent in each of fiscal years
2013 through 2016; and
(2) no less than 50 percent in fiscal year 2017.
Subtitle I--Regional Conservation Partnership Program
SEC. 1271. ESTABLISHMENT AND PURPOSES.
(a) Establishment.--The Secretary shall establish a regional
conservation partnership program to implement eligible
activities on eligible land through--
(1) partnership agreements with eligible partners;
and
(2) contracts with producers.
(b) Purposes.--The purposes of the program are as follows:
(1) To use covered programs to accomplish purposes
and functions similar to those of the following
programs, as in effect on September 30, 2012:
(A) The agricultural water enhancement
program established under section 1240I.
(B) The Chesapeake Bay watershed program
established under section 1240Q.
(C) The cooperative conservation partnership
initiative established under section 1243.
(D) The Great Lakes basin program for soil
erosion and sediment control established under
section 1240P.
(2) To further the conservation, restoration, and
sustainable use of soil, water, wildlife, and related
natural resources on eligible land on a regional or
watershed scale.
(3) To encourage eligible partners to cooperate with
producers in--
(A) meeting or avoiding the need for
national, State, and local natural resource
regulatory requirements related to production
on eligible land; and
(B) implementing projects that will result in
the carrying out of eligible activities that
affect multiple agricultural or nonindustrial
private forest operations on a local, regional,
State, or multi-State basis.
SEC. 1271A. DEFINITIONS.
In this subtitle:
(1) Covered program.--The term ``covered program''
means the following:
(A) The agricultural conservation easement
program.
(B) The environmental quality incentives
program.
(C) The conservation stewardship program.
(2) Eligible activity.--The term ``eligible
activity'' means any of the following conservation
activities:
(A) Water quality or quantity conservation,
restoration, or enhancement projects relating
to surface water and groundwater resources,
including--
(i) the conversion of irrigated
cropland to the production of less
water-intensive agricultural
commodities or dryland farming; or
(ii) irrigation system improvement
and irrigation efficiency enhancement.
(B) Drought mitigation.
(C) Flood prevention.
(D) Water retention.
(E) Air quality improvement.
(F) Habitat conservation, restoration, and
enhancement.
(G) Erosion control and sediment reduction.
(H) Other related activities that the
Secretary determines will help achieve
conservation benefits.
(3) Eligible land.--The term ``eligible land'' means
land on which agricultural commodities, livestock, or
forest-related products are produced, including--
(A) cropland;
(B) grassland;
(C) rangeland;
(D) pastureland;
(E) nonindustrial private forest land; and
(F) other land incidental to agricultural
production (including wetlands and riparian
buffers) on which significant natural resource
issues could be addressed under the program.
(4) Eligible partner.--The term ``eligible partner''
means any of the following:
(A) An agricultural or silvicultural producer
association or other group of producers.
(B) A State or unit of local government.
(C) An Indian tribe.
(D) A farmer cooperative.
(E) A water district, irrigation district,
rural water district or association, or other
organization with specific water delivery
authority to producers on agricultural land.
(F) An institution of higher education.
(G) An organization with an established
history of working cooperatively with producers
on agricultural land, as determined by the
Secretary, to address--
(i) local conservation priorities
related to agricultural production,
wildlife habitat development, or
nonindustrial private forest land
management; or
(ii) critical watershed-scale soil
erosion, water quality, sediment
reduction, or other natural resource
issues.
(5) Partnership agreement.--The term ``partnership
agreement'' means an agreement entered into under
section 1271B between the Secretary and an eligible
partner.
(6) Program.--The term ``program'' means the regional
conservation partnership program established by this
subtitle.
SEC. 1271B. REGIONAL CONSERVATION PARTNERSHIPS.
(a) Partnership Agreements Authorized.--The Secretary may
enter into a partnership agreement with an eligible partner to
implement a project that will assist producers with installing
and maintaining an eligible activity on eligible land.
(b) Length.--A partnership agreement shall be for a period
not to exceed 5 years, except that the Secretary may extend the
agreement one time for up to 12 months when an extension is
necessary to meet the objectives of the program.
(c) Duties of Partners.--
(1) In general.--Under a partnership agreement, the
eligible partner shall--
(A) define the scope of a project,
including--
(i) the eligible activities to be
implemented;
(ii) the potential agricultural or
nonindustrial private forest land
operations affected;
(iii) the local, State, multi-State,
or other geographic area covered; and
(iv) the planning, outreach,
implementation, and assessment to be
conducted;
(B) conduct outreach to producers for
potential participation in the project;
(C) at the request of a producer, act on
behalf of a producer participating in the
project in applying for assistance under
section 1271C;
(D) leverage financial or technical
assistance provided by the Secretary with
additional funds to help achieve the project
objectives;
(E) conduct an assessment of the project's
effects; and
(F) at the conclusion of the project, report
to the Secretary on its results and funds
leveraged.
(2) Contribution.--An eligible partner shall provide
a significant portion of the overall costs of the scope
of the project that is the subject of the agreement
entered into under subsection (a), as determined by the
Secretary.
(d) Applications.--
(1) Competitive process.--The Secretary shall conduct
a competitive process to select applications for
partnership agreements and may assess and rank
applications with similar conservation purposes as a
group.
(2) Criteria used.--In carrying out the process
described in paragraph (1), the Secretary shall make
public the criteria used in evaluating applications.
(3) Content.--An application to the Secretary shall
include a description of--
(A) the scope of the project, as described in
subsection (c)(1)(A);
(B) the plan for monitoring, evaluating, and
reporting on progress made towards achieving
the project's objectives;
(C) the program resources requested for the
project, including the covered programs to be
used and estimated funding needed from the
Secretary;
(D) eligible partners collaborating to
achieve project objectives, including their
roles, responsibilities, capabilities, and
financial contribution; and
(E) any other elements the Secretary
considers necessary to adequately evaluate and
competitively select applications for funding
under the program.
(4) Priority to certain applications.--The Secretary
may give a higher priority to applications that--
(A) assist producers in meeting or avoiding
the need for a natural resource regulatory
requirement;
(B) have a high percentage of eligible
producers in the area to be covered by the
agreement;
(C) significantly leverage non-Federal
financial and technical resources and
coordinate with other local, State, or national
efforts;
(D) deliver high percentages of applied
conservation to address conservation priorities
or regional, State, or national conservation
initiatives;
(E) provide innovation in conservation
methods and delivery, including outcome-based
performance measures and methods; or
(F) meet other factors that are important for
achieving the purposes of the program, as
determined by the Secretary.
SEC. 1271C. ASSISTANCE TO PRODUCERS.
(a) In General.--The Secretary shall enter into contracts
with producers to provide financial and technical assistance
to--
(1) producers participating in a project with an
eligible partner, as described in section 1271B; or
(2) producers that fit within the scope of a project
described in section 1271B or a critical conservation
area designated under section 1271F, but who are
seeking to implement an eligible activity on eligible
land independent of a partner.
(b) Terms and Conditions.--
(1) Consistency with program rules.--Except as
provided in paragraph (2), the Secretary shall ensure
that the terms and conditions of a contract under this
section are consistent with the applicable rules of the
covered programs to be used as part of the project, as
described in the application under section
1271B(d)(3)(C).
(2) Adjustments.--Except with respect to statutory
program requirements governing appeals, payment
limitations, and conservation compliance, the Secretary
may adjust the discretionary program rules of a covered
program--
(A) to provide a simplified application and
evaluation process; and
(B) to better reflect unique local
circumstances and purposes if the Secretary
determines such adjustments are necessary to
achieve the purposes of the program.
(c) Payments.--
(1) In general.--In accordance with statutory
requirements of the covered programs involved, the
Secretary may make payments to a producer in an amount
determined by the Secretary to be necessary to achieve
the purposes of the program.
(2) Payments to producers in states with water
quantity concerns.--The Secretary may provide payments
to producers participating in a project that addresses
water quantity concerns for a period of five years in
an amount sufficient to encourage conversion from
irrigated farming to dryland farming.
(3) Waiver authority.--To assist in the
implementation of the program, the Secretary may waive
the applicability of the limitation in section
1001D(b)(2) of this Act for participating producers if
the Secretary determines that the waiver is necessary
to fulfill the objectives of the program.
SEC. 1271D. FUNDING.
(a) Availability of Funds.--The Secretary shall use
$100,000,000 of the funds of the Commodity Credit Corporation
for each of fiscal years 2013 through 2017 to carry out the
program.
(b) Duration of Availability.--Funds made available under
subsection (a) shall remain available until expended.
(c) Additional Funding and Acres.--
(1) In general.--In addition to the funds made
available under subsection (a), the Secretary shall
reserve 6 percent of the funds and acres made available
for a covered program for each of fiscal years 2013
through 2017 in order to ensure additional resources
are available to carry out this program.
(2) Unused funds and acres.--Any funds or acres
reserved under paragraph (1) for a fiscal year from a
covered program that are not obligated under this
program by April 1 of that fiscal year shall be
returned for use under the covered program.
(d) Allocation of Funding.--Of the funds and acres made
available for the program under subsections (a) and (c), the
Secretary shall allocate--
(1) 25 percent of the funds and acres to projects
based on a State competitive process administered by
the State Conservationist, with the advice of the State
technical committee established under subtitle G;
(2) 50 percent of the funds and acres to projects
based on a national competitive process to be
established by the Secretary; and
(3) 25 percent of the funds and acres to projects for
the critical conservation areas designated under
section 1271F.
(e) Limitation on Administrative Expenses.--None of the funds
made available under the program may be used to pay for the
administrative expenses of eligible partners.
SEC. 1271E. ADMINISTRATION.
(a) Disclosure.--In addition to the criteria used in
evaluating applications as described in section 1271B(d)(2),
the Secretary shall make publicly available information on
projects selected through the competitive process described in
section 1271B(d)(1).
(b) Reporting.--Not later than December 31, 2013, and every
two years thereafter, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report on the status of projects funded under the
program, including--
(1) the number and types of eligible partners and
producers participating in the partnership agreements
selected;
(2) the number of producers receiving assistance; and
(3) total funding committed to projects, including
from Federal and non-Federal resources.
SEC. 1271F. CRITICAL CONSERVATION AREAS.
(a) In General.--In administering funds under section
1271D(d)(3), the Secretary shall select applications for
partnership agreements and producer contracts within critical
conservation areas designated under this section.
(b) Critical Conservation Area Designations.--
(1) Priority.--In designating critical conservation
areas under this section, the Secretary shall give
priority to geographical areas based on the degree to
which the geographical area--
(A) includes multiple States with significant
agricultural production;
(B) is covered by an existing regional,
State, binational, or multistate agreement or
plan that has established objectives, goals,
and work plans and is adopted by a Federal,
State, or regional authority;
(C) would benefit from water quality
improvement, including through reducing
erosion, promoting sediment control, and
addressing nutrient management activities
affecting large bodies of water of regional,
national, or international significance;
(D) would benefit from water quantity
improvement, including improvement relating
to--
(i) groundwater, surface water,
aquifer, or other water sources; or
(ii) a need to promote water
retention and flood prevention; or
(E) contains producers that need assistance
in meeting or avoiding the need for a natural
resource regulatory requirement that could have
a negative economic impact on agricultural
operations within the area.
(2) Limitation.--The Secretary may not designate more
than 8 geographical areas as critical conservation
areas under this section.
(c) Administration.--
(1) In general.--Except as provided in paragraph (2),
the Secretary shall administer any partnership
agreement or producer contract under this section in a
manner that is consistent with the terms of the
program.
(2) Relationship to existing activity.--The Secretary
shall, to the maximum extent practicable, ensure that
eligible activities carried out in critical
conservation areas designated under this section
complement and are consistent with other Federal and
State programs and water quality and quantity
strategies.
(3) Additional authority.--For a critical
conservation area described in subsection (b)(1)(D),
the Secretary may use authorities under the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001 et
seq.), other than section 14 of such Act (16 U.S.C.
1012), to carry out projects for the purposes of this
section.
* * * * * * *
TITLE XIII--CREDIT
* * * * * * *
NONPROFIT NATIONAL RURAL DEVELQPMENT AND FINANCECORPORATIONS
Sec. 1323. (a) * * *
(b)(1) * * *
(2) All funds authorized under the Rural Development Loan
Fund, including those on deposit and available upon date of
enactment, under sections 623 and 633 of the Community Economic
Development Act of 1981 (42 U.S.C. 9801 et seq.) shall be
transferred to the Secretary provided that--
(A) all funds on deposit and available on date of
enactment shall be used for the purpose of making
grants under paragraph(1) and shall remain available
until expended; and
(B) notwithstanding any other provision of law, all
loans tointermediary borrowers made prior to date of
enactment, shallupon date of enactment, for the life of
such loan, bear a rate ofinterest not to exceed that in
effect upon the date of issuance ofsuch loans; [and].
[(C) notwithstanding paragraph (1), all funds other
than funds to which subparagraph (A) applies shall be
used by the Secretary to make loans--
[(i) to the entities;
[(ii) for the purposes; and
[(iii) subject to the terms and conditions;]
* * * * * * *
----------
SECTION 902 OF THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF
2000
SEC. 902. DEFINITIONS
In this title:
(1) * * *
(2) Agricultural program..--The term ``agricultural
program'' means--
(A) * * *
* * * * * * *
[(D) the dairy export incentive program
administered under section 153 of the Food
Security Act of 1985 (15 U.S.C. 713a-14);]
[(E)] (D) any commercial export sale of
agricultural commodities; or
[(F)] (E) any export financing (including
credits or credit guarantees) provided by the
United States Government for agricultural
commodities.
* * * * * * *
----------
SECTION 3 OF THE ACT OF AUGUST 13, 1968
(Public Law 90-484)
AN ACT To provide indemnity payments to dairy farmers.
Sec. 3.The authority granted under this Act shall expire on
September 30, [2012] 2017.
* * * * * * *
----------
DAIRY PRODUCTION STABILIZATION ACT OF 1983
TITLE I--DAIRY
* * * * * * *
Subtitle B--Dairy Promotion Program
* * * * * * *
REQUIRED TERMS IN ORDERS
Sec. 113. Any order issued under this subtitle shall contain
terms and conditions as follows:
(a) * * *
* * * * * * *
(e) Budgets.--
(1) * * *
(2) Foreign market efforts.--The order shall
authorize the Board to expend in the maintenance and
expansion of foreign markets an amount not to exceed
the amount collected from United States producers for a
fiscal year. Of those funds, for each of the 2002
through [2012] 2017 fiscal years, the Board's budget
may provide for the expenditure of revenues available
to the Board to develop international markets for, and
to promote within such markets, the consumption of
dairy products produced or manufactured in the United
States.
* * * * * * *
----------
ACT OF FEBRUARY 20, 2003
(Public Law 108-7)
AN ACT Making consolidated appropriations for the fiscal year ending
September 30, 2003, and for other purposes.
* * * * * * *
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2003
* * * * * * *
TITLE VII--GENERAL PROVISIONS
* * * * * * *
SEC. 767. (a) Notwithstanding any other provision of law, for
purposes of administering [sections 1101 and 1102 of Public Law
107-171] subtitle A of title I of the Federal Agriculture
Reform and Risk Management Act of 2012, acreage planted to, or
prevented from being planted to, popcorn shall be considered as
acreage planted to, or prevented from being planted to, corn:
Provided, That if a farm program payment yield for corn is
otherwise established for a farm under [such section 1102] such
subtitle, the same yield shall be used for the acreage on the
farm planted to, or prevented from being planted to, popcorn:
Provided further, That with respect to all other farms, the
farm program payment yield for such popcorn acreage shall be
established by the Secretary on a fair and equitable basis to
reflect the farm program payment yields for corn on similar
farms in the area.
[(b) This section shall take effect on October 1, 2003.]
(b) This section, as amended by section 1608(c) of the
Federal Agriculture Reform and Risk Management Act of 2012,
shall take effect beginning with the 2013 crop year.
* * * * * * *
----------
WATERSHED PROTECTION AND FLOOD PREVENTION ACT
* * * * * * *
SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR PAST THEIR
EVALUATED LIFE EXPECTANCY.
(a) * * *
* * * * * * *
(h) Funding.--
(1) Funds of commodity credit corporation.--In
carrying out this section, of the funds of the
Commodity Credit Corporation, the Secretary shall make
available, to remain available until expended--
(A) * * *
* * * * * * *
(E) $65,000,000 for fiscal year 2007[; and];
(F) $0 for fiscal year 2008[.];
(G) $100,000,000 for fiscal year 2009, to be
available until expended[.]; and
(H) $250,000,000 for fiscal year 2013, to
remain available until expended.
(2) Authorization of appropriations.--In addition to
amounts made available under paragraph (1), there are
authorized to be appropriated to the Secretary to carry
out this section, to remain available until expended--
(A) * * *
* * * * * * *
(E) $85,000,000 for each of fiscal years 2008
through [2012] 2017.
* * * * * * *
----------
FEDERAL CROP INSURANCE ACT
Subtitle A--Federal Crop Insurance Act
* * * * * * *
SEC. 502. PURPOSE AND DEFINITIONS.
(a) * * *
(b) Definitions.--As used in this subtitle:
(1) * * *
* * * * * * *
(3) Beginning farmer or rancher.--The term
``beginning farmer or rancher'' means a farmer or
rancher who has not actively operated and managed a
farm or ranch with a bona fide insurable interest in a
crop or livestock as an owner-operator, landlord,
tenant, or sharecropper for more than 5 crop years, as
determined by the Secretary.
[(3)] (4) Board.--The term ``Board'' means the Board
of Directors of the Corporation established under
section 505(a).
[(4)] (5) Corporation.--The term ``Corporation''
means the Federal Crop Insurance Corporation
established under section 503.
[(5)] (6) Department.--The term ``Department'' means
the United States Department of Agriculture.
[(6)] (7) Loss ratio.--The term ``loss ratio'' means
the ratio of all sums paid by the Corporation as
indemnities under any eligible crop insurance policy to
that portion of the premium designated for anticipated
losses and a reasonable reserve, other than that
portion of the premium designated for operating and
administrative expenses.
[(7)] (8) Organic crop.--The term ``organic crop''
means an agricultural commodity that is organically
produced consistent with section 2103 of the Organic
Foods Production Act of 1990 (7 U.S.C. 6502).
[(8)] (9) Secretary.--The term ``Secretary'' means
the Secretary of Agriculture.
[(9)] (10) Transitional yield.--The term
``transitional yield'' means the maximum average
production per acre or equivalent measure that is
assigned to acreage for a crop year by the Corporation
in accordance with the regulations of the Corporation
whenever the producer fails--
(A) * * *
* * * * * * *
(c) Protection of Confidential Information.--
(1) * * *
* * * * * * *
(4) Information.--
(A) Request.--Subject to subparagraph (B),
the Farm Service Agency shall, in a timely
manner, provide to an agent or an approved
insurance provider authorized by the producer
any information (including Farm Service Agency
Form 578s (or any successor form) or maps (or
any corrections to those forms or maps) that
may assist the agent or approved insurance
provider in insuring the producer under a
policy or plan of insurance under this
subtitle.
(B) Privacy.--Except as provided in
subparagraph (C), an agent or approved
insurance provider that receives the
information of a producer pursuant to
subparagraph (A) shall treat the information in
accordance with paragraph (1).
(C) Sharing.--Nothing in this section
prohibits the sharing of the information of a
producer pursuant to subparagraph (A) between
the agent and the approved insurance provider
of the producer.
* * * * * * *
SEC. 508. CROP INSURANCE.
(a) Authority to Offer Insurance.--
(1) * * *
* * * * * * *
(9) Premium adjustments.--
(A) * * *
(B) Exceptions.--Subparagraph (A) does not
apply with respect to--
(i) a payment authorized under
subsection (b)(5)(B); or
[(ii) a performance-based discount
authorized under subsection (d)(3); or]
[(iii)] (ii) a patronage dividend, or
similar payment, that is paid--
(I) * * *
* * * * * * *
(C) Publication of violations.--
(i) Publication required.--Subject to
clause (ii), the Corporation shall
publish in a timely manner on the
website of the Risk Management Agency
information regarding each violation of
this paragraph, including any sanctions
imposed in response to the violation,
in sufficient detail so that the
information may serve as effective
guidance to approved insurance
providers, agents, and producers.
(ii) Protection of privacy.--In
providing information under clause (i)
regarding violations of this paragraph,
the Corporation shall redact the
identity of the persons and entities
committing the violations in order to
protect their privacy.
* * * * * * *
(b) Catastrophic Risk Protection.--
(1) * * *
* * * * * * *
(5) Administrative fee.--
(A) * * *
* * * * * * *
(E) Waiver of fee.--The Corporation shall
waive the amounts required under this paragraph
for limited resource farmers and beginning
farmers or ranchers, as defined by the
Corporation.
* * * * * * *
[(7) Eligibility for department programs.--
[(A) In general.--Effective for the spring-
planted 1996 and subsequent crops (and fall-
planted 1996 crops at the option of the
Secretary), to be eligible for any payment or
loan under the Agricultural Market Transition
Act, for the conservation reserve program, or
for any benefit described in section 371 of the
Consolidated Farm and Rural Development Act (7
U.S.C. 2008f), a person shall--
[(i) obtain at least the catastrophic
level of insurance for each crop of
economic significance in which the
person has an interest; or
[(ii) provide a written waiver to the
Secretary that waives any eligibility
for emergency crop loss assistance in
connection with the crop.
[(B) Definition of crop of economic
significance.--As used in this paragraph, the
term ``crop of economic significance'' means a
crop that has contributed, or is expected to
contribute, 10 percent or more of the total
expected value of all crops grown by the
producer.]
[(8)] (7) Limitation due to risk.--The Corporation
may limit catastrophic risk coverage in any county or
area, or on any farm, on the basis of the insurance
risk concerned.
[(9)] (8) Transitional coverage for 1995 crops.--
Effective only for a 1995 crop planted or for which
insurance attached prior to January 1, 1995, the
Corporation shall allow producers of the crops until
not later than the end of the 180-day period beginning
on the date of enactment of the Federal Crop Insurance
Reform Act of 1994 to obtain catastrophic risk
protection for the crop. On enactment of such Act, a
producer who made timely purchases of a crop insurance
policy before the date of enactment of such Act, under
the provisions of this subtitle then in effect, shall
be eligible for the same benefits to which a producer
would be entitled under comparable additional coverage
under subsection (c).
[(10)] (9) Simplification.--
(A) * * *
* * * * * * *
[(11)] (10) Loss adjustment.--The rate for
reimbursing an approved insurance provider or agent for
expenses incurred by the approved insurance provider or
agent for loss adjustment in connection with a policy
of catastrophic risk protection shall not exceed 6
percent of the premium for catastrophic risk protection
that is used to define loss ratio.
(c) General Coverage Levels.--
(1) * * *
* * * * * * *
[(3) Yield and loss basis.--A producer shall have the
option of purchasing additional coverage based on an
individual yield and loss basis or on an area yield and
loss basis, if both options are offered by the
Corporation.
[(4) Level of coverage.--The level of coverage shall
be dollar denominated and may be purchased at any level
not to exceed 85 percent of the individual yield or 95
percent of the area yield (as determined by the
Corporation). Not later than the beginning of the 1996
crop year, the Corporation shall provide producers with
information on catastrophic risk and additional
coverage in terms of dollar coverage (within the
allowable limits of coverage provided in this
paragraph).]
(3) Yield and loss basis options.--A producer shall
have the option of purchasing additional coverage based
on--
(A)(i) an individual yield and loss basis; or
(ii) an area yield and loss basis;
(B) an individual yield and loss basis,
supplemented with coverage based on an area
yield and loss basis to cover a part of the
deductible under the individual yield and loss
policy, as described in paragraph (4)(C); or
(C) a margin basis alone or in combination
with the coverages available in subparagraph
(A) or (B).
(4) Level of coverage.--
(A) Dollar denomination and percentage of
yield.--Except as provided in subparagraph (C),
the level of coverage--
(i) shall be dollar denominated; and
(ii) may be purchased at any level
not to exceed 85 percent of the
individual yield or 95 percent of the
area yield (as determined by the
Corporation).
(B) Information.--The Corporation shall
provide producers with information on
catastrophic risk and additional coverage in
terms of dollar coverage (within the allowable
limits of coverage provided in this paragraph).
(C) Supplemental coverage option.--
(i) In general.--Notwithstanding
subparagraph (A), in the case of the
supplemental coverage option described
in paragraph (3)(B), the Corporation
shall offer producers the opportunity
to purchase coverage in combination
with a policy or plan of insurance
offered under this subtitle that would
allow indemnities to be paid to a
producer equal to a part of the
deductible under the policy or plan of
insurance--
(I) at a county-wide level to
the fullest extent practicable;
or
(II) in counties that lack
sufficient data, on the basis
of such larger geographical
area as the Corporation
determines to provide
sufficient data for purposes of
providing the coverage.
(ii) Trigger.--Coverage offered under
paragraph (3)(B) and clause (i) shall
be triggered only if the losses in the
area exceed 10 percent of normal levels
(as determined by the Corporation).
(iii) Coverage.--Subject to the
trigger described in clause (ii),
coverage offered under paragraph (3)(B)
and clause (i) shall not exceed the
difference between--
(I) 90 percent; and
(II) the coverage level
selected by the producer for
the underlying policy or plan
of insurance.
(iv) Ineligible crops and acres.--
Crops for which the producer has
elected under section 1107(c)(1) of the
Federal Agriculture Reform and Risk
Management Act of 2012 to receive
revenue loss coverage and acres that
are enrolled in the stacked income
protection plan under section 508B
shall not be eligible for supplemental
coverage under this subparagraph.
(v) Calculation of premium.--
Notwithstanding subsection (d), the
premium for coverage offered under
paragraph (3)(B) and clause (i) shall--
(I) be sufficient to cover
anticipated losses and a
reasonable reserve; and
(II) include an amount for
operating and administrative
expenses established in
accordance with subsection
(k)(4)(F).
* * * * * * *
(d) Premiums.--
(1) * * *
(2) Premium amounts.--The premium amounts for
catastrophic risk protection under subsection (b) and
additional coverage under subsection (c) shall be fixed
as follows:
[(A) In the case of catastrophic risk
protection, the amount of the premium shall be
sufficient to cover anticipated losses and a
reasonable reserve.]
(A) In the case of catastrophic risk
protection, the amount of the premium
established by the Corporation for each crop
for which catastrophic risk protection is
available shall be reduced by the percentage
equal to the difference between the average
loss ratio for the crop and 100 percent, plus a
reasonable reserve.
* * * * * * *
[(3) Performance-based discount.--The Corporation may
provide a performance-based premium discount for a
producer of an agricultural commodity who has good
insurance or production experience relative to other
producers of that agricultural commodity in the same
area, as determined by the Corporation.]
[(4)] (3) Billing date for premiums.--Effective
beginning with the 2012 reinsurance year, the
Corporation shall establish August 15 as the billing
date for premiums.
(e) Payment of Portion of Premium by Corporation.--
(1) * * *
(2) Amount of payment.--Subject to paragraph (3), the
amount of the premium to be paid by the Corporation
shall be as follows:
(A) * * *
* * * * * * *
(H) In the case of the supplemental coverage
option authorized in subsection (c)(4)(C), the
amount shall be equal to the sum of--
(i) 70 percent of the additional
premium associated with the coverage;
and
(ii) the amount determined under
subsection (c)(4)(C)(vi)(II), subject
to subsection (k)(4)(F), for the
coverage to cover operating and
administrative expenses.
* * * * * * *
(5) Enterprise and whole farm units.--
[(A) In general.--The Corporation may carry
out a pilot program under which the Corporation
pays a portion of the premiums for plans or
policies of insurance for which the insurable
unit is defined on a whole farm or enterprise
unit basis that is higher than would otherwise
be paid in accordance with paragraph (2).]
(A) In general.--The Corporation may pay a
portion of the premiums for plans or policies
of insurance for which the insurable unit is
defined on a whole farm or enterprise unit
basis that is higher than would otherwise be
paid in accordance with paragraph (2).
* * * * * * *
(D) Nonirrigated crops.--Beginning with the
2013 crop year, the Corporation shall make
available separate enterprise units for
irrigated and nonirrigated acreage of crops in
counties.
* * * * * * *
(8) Premium for beginning farmers or ranchers.--
Notwithstanding any other provision of this subsection
regarding payment of a portion of premiums, a beginning
farmer or rancher shall receive premium assistance that
is 10 percentage points greater than premium assistance
that would otherwise be available under paragraphs (2)
(except for subparagraph (A) of that paragraph), (5),
(6), and (7) for the applicable policy, plan of
insurance, and coverage level selected by the beginning
farmer or rancher.
* * * * * * *
(g) Yield Determinations.--
(1) * * *
(2) Yield coverage plans.--
(A) * * *
(B) Assigned yield.--If the producer does not
provide satisfactory evidence of the yield of a
commodity under subparagraph (A), the producer
shall be assigned--
(i) a yield that is not less than 65
percent of the transitional yield of
the producer (adjusted to reflect
actual production reflected in the
records acceptable to the Corporation
for continuous years), as specified in
regulations issued by the Corporation
based on production history
requirements; [or]
(ii) a yield determined by the
Corporation, in the case of--
(I) * * *
* * * * * * *
(III) a producer that rotates
a crop produced on a farm to a
crop that has not been produced
on the farm[.]; or
(iii) if the producer is a beginning
farmer or rancher who was previously
involved in a farming or ranching
operation, including involvement in the
decisionmaking or physical involvement
in the production of the crop or
livestock on the farm, for any acreage
obtained by the beginning farmer or
rancher, a yield that is the higher
of--
(I) the actual production
history of the previous
producer of the crop or
livestock on the acreage
determined under subparagraph
(A); or
(II) a yield of the producer,
as determined in clause (i).
* * * * * * *
(E) Sources of yield data.--To determine
yields under this paragraph, the Corporation--
(i) shall use county data collected
by the Risk Management Agency or the
National Agricultural Statistics
Service, or both; or
(ii) if sufficient county data is not
available, may use other data
considered appropriate by the
Secretary.
* * * * * * *
(4) Adjustment in actual production history to
establish insurable yields.--
(A) * * *
(B) Election to use percentage of
transitional yield.--If, for one or more of the
crop years used to establish the producer's
actual production history of an agricultural
commodity, the producer's recorded or appraised
yield of the commodity was less than [60] 70
percent of the applicable transitional yield,
as determined by the Corporation, the
Corporation shall, at the election of the
producer--
(i) * * *
(ii)(I) replace each excluded yield
with a yield equal to [60] 70 percent
of the applicable transitional
yield[.]; or
(II) in the case of beginning farmers
or ranchers, replace each excluded
yield with a yield equal to 80 percent
of the applicable transitional yield.
* * * * * * *
(h) Submission of Policies and Materials to Board.--
[(1) In general.--In addition]
(1) Authority to submit.--
(A) In general.--In addition to any standard
forms or policies that the Board may require be
made available to producers under subsection
(c), a person (including an approved insurance
provider, a college or university, a
cooperative or trade association, or any other
person) may prepare for submission or propose
to the Board--
[(A)] (i) other crop insurance
policies and provisions of policies;
and
[(B)] (ii) rates of premiums for
multiple peril crop insurance
pertaining to wheat, soybeans, field
corn, and any other crops determined by
the Secretary.
(B) Review and submission by corporation.--
The Corporation shall review any policy
developed under section 522(c) or any pilot
program developed under section 523 and submit
the policy or program to the Board under this
subsection if the Corporation, at the sole
discretion of the Corporation, finds that the
policy or program--
(i) will likely result in a viable
and marketable policy consistent with
this subsection;
(ii) would provide crop insurance
coverage in a significantly improved
form; and
(iii) adequately protects the
interests of producers.
* * * * * * *
(3) Review and approval by the board.--[A policy]
(A) In general.--A policy or other material
submitted to the Board under this subsection
shall be reviewed by the Board and, if the
Board finds that the interests of producers are
adequately protected and that any premiums
charged to the producers are actuarially
appropriate, shall be approved by the Board for
reinsurance and for sale by approved insurance
providers to producers as an additional choice
at actuarially appropriate rates and under
appropriate terms and conditions. The
Corporation may enter into more than 1
reinsurance agreement with the approved
insurance provider simultaneously to facilitate
the offering of the new policies.
(B) Specified review and approval
priorities.--In reviewing policies and other
materials submitted to the Board under this
subsection for approval, the Board--
(i) shall make the development and
approval of a revenue policy for peanut
producers a priority so that a revenue
policy is available to peanut producers
in time for the 2013 crop year;
(ii) shall make the development and
approval of a downed rice policy and
margin coverage policy for rice
producers a priority so that each
policy is available to rice producers
in time for the 2013 crop year; and
(iii) may approve a submission that
is made pursuant to this subsection
that would, beginning with the 2013
crop year, allow producers that
purchase policies in accordance with
subsection (e)(5)(A) to separate
enterprise units by risk rating for
acreage of crops in counties.
* * * * * * *
(k) Reinsurance.--
(1) * * *
* * * * * * *
(4) Rate.--
(A) * * *
* * * * * * *
(F) Reimbursement rate for area policies and
plans of insurance.--Notwithstanding
subparagraphs (A) through (E), for each of the
2009 and subsequent reinsurance years, the
reimbursement rate for area policies and plans
of insurance widely available as of the date of
enactment of this subparagraph or authorized
under subsection (c)(4)(C) or section 508B
shall be 12 percent of the premium used to
define loss ratio for that reinsurance year.
* * * * * * *
(o) Crop Production on Native Sod.--
(1) Definition of native sod.--In this subsection,
the term ``native sod'' means land--
(A) * * *
(B) that has never been tilled, or the
producer cannot substantiate that the ground
has ever been tilled, for the production of an
annual crop as of the date of enactment of this
subsection.
(2) [Ineligibility for] Reduction in benefits.--
(A) In general.--Subject to subparagraph (B)
and paragraph (3), native sod acreage that has
been tilled for the production of an annual
crop after the date of enactment of this
subsection shall be ineligible during the first
5 crop years of planting, as determined by the
Secretary, [for benefits under--
[(i) this subtitle; and
[(ii) section 196 of the Federal
Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333).] for--
(i) a portion of crop insurance
premium subsidies under this subtitle
in accordance with paragraph (3);
(ii) benefits under section 196 of
the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333); and
(iii) payments described in
subsection (b) or (c) of section 1001
of the Food Security Act of 1985 (7
U.S.C. 1308).
* * * * * * *
[(3) Application.--Paragraph (2) may apply to native
sod acreage in the Prairie Pothole National Priority
Area at the election of the Governor of the respective
State.]
(3) Administration.--
(A) In general.--During the first 4 crop
years of planting on native sod acreage by a
producer described in paragraph (2)--
(i) paragraph (2) shall apply to 65
percent of the transitional yield of
the producer; and
(ii) the crop insurance premium
subsidy provided for the producer under
this subtitle shall be 50 percentage
points less than the premium subsidy
that would otherwise apply.
(B) Yield substitution.--During the period
native sod acreage is covered by this
subsection, a producer may not substitute
yields for the native sod acreage.
(4) Application.--This subsection shall only apply to
native sod in the Prairie Pothole National Priority
Area.
* * * * * * *
SEC. 508B. STACKED INCOME PROTECTION PLAN FOR PRODUCERS OF UPLAND
COTTON.
(a) Availability.--Beginning not later than the 2013 crop of
upland cotton, the Corporation shall make available to
producers of upland cotton an additional policy (to be known as
the ``Stacked Income Protection Plan''), which shall provide
coverage consistent with the Group Risk Income Protection Plan
(and the associated Harvest Revenue Option Endorsement) offered
by the Corporation for the 2011 crop year.
(b) Required Terms.--The Corporation may modify the Stacked
Income Protection Plan on a program-wide basis, except that the
Stacked Income Protection Plan shall comply with the following
requirements:
(1) Provide coverage for revenue loss of not less
than 10 percent and not more than 30 percent of
expected county revenue, specified in increments of 5
percent. The deductible is the minimum percent of
revenue loss at which indemnities are triggered under
the plan, not to be less than 10 percent of the
expected county revenue.
(2) Be offered to producers of upland cotton in all
counties with upland cotton production--
(A) at a county-wide level to the fullest
extent practicable; or
(B) in counties that lack sufficient data, on
the basis of such larger geographical area as
the Corporation determines to provide
sufficient data for purposes of providing the
coverage.
(3) Be purchased in addition to any other individual
or area coverage in effect on the producer's acreage or
as a stand-alone policy, except that if a producer has
an individual or area coverage for the same acreage,
the maximum coverage available under the Stacked Income
Protection Plan shall not exceed the deductible for the
individual or area coverage.
(4) Establish coverage based on--
(A) an expected price that is the higher of--
(i) the expected price established
under existing Group Risk Income
Protection or area wide policy offered
by the Corporation for the applicable
county (or area) and crop year; or
(ii) $0.6861 per pound; and
(B) an expected county yield that is the
higher of--
(i) the expected county yield
established for the existing area-wide
plans offered by the Corporation for
the applicable county (or area) and
crop year (or, in geographic areas
where area-wide plans are not offered,
an expected yield determined in a
manner consistent with those of area-
wide plans); or
(ii) the average of the applicable
yield data for the county (or area) for
the most recent 5 years, excluding the
highest and lowest observations, from
the Risk Management Agency or the
National Agricultural Statistics
Service (or both) or, if sufficient
county data is not available, such
other data considered appropriate by
the Secretary.
(5) Use a multiplier factor to establish maximum
protection per acre (referred to as a ``protection
factor'') of not less than the higher of the level
established on a program wide basis or 120 percent.
(6) Pay an indemnity based on the amount that the
expected county revenue exceeds the actual county
revenue, as applied to the individual coverage of the
producer. Indemnities under the Stacked Income
Protection Plan shall not include or overlap the amount
of the deductible selected under paragraph (1).
(7) In all counties for which data are available,
establish separate coverage levels for irrigated and
non-irrigated practices.
(c) Reinsurance.--When the $0.6861 reference price is equal
to or greater than the expected price established under the
existing Group Risk Income Protection or area wide policy
offered by the Corporation for the applicable county (or area)
and crop year or the yield established under subsection
(b)(4)(B) is used to establish the expected county yield, the
Corporation shall reinsure at 100 percent that portion of the
indemnity that is attributable to the difference between--
(1) the $0.6861 reference price and the expected
price established under the existing Group Risk Income
Protection or area wide policy offered by the
Corporation for the applicable county (or area) and
crop year; and
(2) the yield established under subsection (b)(4)(B).
(d) Premium.--Notwithstanding section 508(d), the premium for
the Stacked Income Protection Plan shall--
(1) be sufficient to cover anticipated losses and a
reasonable reserve; and
(2) include an amount for operating and
administrative expenses established in accordance with
section 508(k)(4)(F).
(e) Payment of Portion by Corporation.--Subject to section
508(e)(4), the amount of premium paid by the Corporation for
all qualifying coverage levels of the Stacked Income Protection
Plan shall be--
(1) 80 percent of the amount of the premium
established under subsection (d) for the coverage level
selected; and
(2) the amount determined under subsection (d)(2),
subject to section 508(k)(4)(F), for the coverage to
cover administrative and operating expenses.
(f) Relation to Other Coverages.--The Stacked Income
Protection Plan is in addition to all other coverages available
to producers of upland cotton.
SEC. 508C. PEANUT REVENUE CROP INSURANCE.
(a) In General.--Effective beginning with the 2013 crop year,
the Risk Management Agency and the Corporation shall make
available to producers of peanuts a revenue crop insurance
program for peanuts.
(b) Effective Price.--Subject to subsection (c), for purposes
of the revenue crop insurance program and the multiperil crop
insurance program under this Act, the effective price for
peanuts shall be equal to the Rotterdam price index for
peanuts, as adjusted to reflect the farmer stock price of
peanuts in the United States.
(c) Adjustments.--
(1) In general.--The effective price for peanuts
established under subsection (b) may be adjusted by the
Risk Management Agency and the Corporation to correct
distortions.
(2) Administration.--If an adjustment is made under
paragraph (1), the Risk Management Agency and the
Corporation shall--
(A) make the adjustment in an open and
transparent manner; and
(B) submit to the Committee on Agriculture of
the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the
Senate a report that describes the reasons for
the adjustment.
* * * * * * *
SEC. 515. PROGRAM COMPLIANCE AND INTEGRITY.
(a) * * *
* * * * * * *
(c) Reconciling Producer Information.--[The Secretary]
(1) In general.--The Secretary shall develop and
implement a coordinated plan for the Corporation and
the Farm Service Agency to reconcile all relevant
information received by the Corporation or the Farm
Service Agency from a producer who obtains crop
insurance coverage under this subtitle. [Beginning
with]
(2) Frequency.--Beginning with the 2001 crop year,
the Secretary shall require that the Corporation and
the Farm Service Agency reconcile such producer-derived
information on at least an annual basis in order to
identify and address any discrepancies.
(3) Corrections.--
(A) In general.--In addition to the
corrections permitted by the Corporation as of
the date of enactment of the Federal
Agriculture Reform and Risk Management Act of
2012, the Corporation shall allow an agent or
an approved insurance provider, subject to
subparagraph (B)--
(i) within a reasonable amount of
time following the applicable sales
closing date, to correct unintentional
errors in information that is provided
by a producer for the purpose of
obtaining coverage under any policy or
plan of insurance made available under
this subtitle to ensure that the
eligibility information is correct;
(ii) within a reasonable amount of
time following--
(I) the acreage reporting
date, to correct unintentional
errors in factual information
that is provided by a producer
after the sales closing date to
reconcile the information with
the information reported by the
producer to the Farm Service
Agency; or
(II) the date of any
subsequent correction of data
by the Farm Service Agency made
as a result of the verification
of information; and
(iii) at any time, to correct
unintentional errors that were made by
the Farm Service Agency or an agent or
approved insurance provider in
transmitting the information provided
by the producer to the approved
insurance provider or the Corporation.
(B) Limitation.--In accordance with the
procedures of the Corporation, correction to
the information described in clauses (i) and
(ii) of subparagraph (A) may only be made if
the corrections do not allow the producer--
(i) to avoid ineligibility
requirements for insurance;
(ii) to obtain, enhance, or increase
an insurance guarantee or indemnity, or
avoid premium owed, if a cause of loss
exists or has occurred before any
correction has been made; or
(iii) to avoid an obligation or
requirement under any Federal or State
law.
(C) Exception to late filing sanctions.--Any
corrections made pursuant to this paragraph
shall not be subject to any late filing
sanctions authorized in the reinsurance
agreement with the Corporation.
* * * * * * *
(j) Information Management.--
[(1) Systems upgrades.--The Secretary shall upgrade
the information management systems of the Corporation
used in the administration and enforcement and this
subtitle. In upgrading the systems, the Secretary shall
ensure that new hardware and software are compatible
with the hardware and software used by other agencies
of the Department to maximize data sharing and promote
the purpose of this section.]
(1) Systems maintenance and upgrades.--
(A) In general.--The Secretary shall maintain
and upgrade the information management systems
of the Corporation used in the administration
and enforcement of this subtitle.
(B) Requirement.--
(i) In general.--In maintaining and
upgrading the systems, the Secretary
shall ensure that new hardware and
software are compatible with the
hardware and software used by other
agencies of the Department to maximize
data sharing and promote the purposes
of this section.
(ii) Acreage report streamlining
initiative project.--As soon as
practicable, the Secretary shall
develop and implement an acreage report
streamlining initiative project to
allow producers to report acreage and
other information directly to the
Department.
* * * * * * *
(k) Funding.--
[(1) Information technology.--To carry out subsection
(j)(1), the Corporation may use, from amounts made
available from the insurance fund established under
section 516(c), not more than $15,000,000 for each of
fiscal years 2008 through 2010, and not more than
$9,000,000 for fiscal year 2011.]
(1) Information technology.--
(A) In general.--For purposes of subsection
(j)(1), the Corporation may use, from amounts
made available from the insurance fund
established under section 516(c), not more
than--
(i)(I) for fiscal year 2013,
$25,000,000; and
(II) for each of fiscal years 2014
through 2017, $10,000,000; or
(ii) if the Acreage Crop Reporting
Streamlining Initiative (ACRSI) project
is substantially completed by September
30, 2014, not more than $15,000,000 for
each of the fiscal years 2014 through
2017.
(B) Notification.--The Secretary shall notify
the Committee on Agriculture of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate of the substantial completion of the
Acreage Crop Reporting Streamlining Initiative
(ACRSI) project not later than July 1, 2014.
* * * * * * *
SEC. 522. RESEARCH AND DEVELOPMENT.
(a) * * *
* * * * * * *
(c) Research and Development Contracting Authority.--
(1) * * *
* * * * * * *
(6) Research and development priorities.--The
Corporation shall establish as one of the highest
research and development priorities of the Corporation
the development of [a pasture, range, and forage
program] policies that increase participation by
producers of underserved agricultural commodities,
including sweet sorghum, biomass sorghum, rice,
peanuts, and sugarcane.
* * * * * * *
(10) Contracts for organic production coverage
improvements.--
(A) Contracts required.--Not later than 180
days after the date of enactment of [the Food,
Conservation, and Energy Act of 2008] the
Federal Agriculture Reform and Risk Management
Act of 2012, the Corporation shall enter into 1
or more contracts for the development of
improvements in Federal crop insurance policies
covering crops produced in compliance with
standards issued by the Department of
Agriculture under the national organic program
established under the Organic Foods Production
Act of 1990 (7 U.S.C. 6501 et seq.).
(B) Review of underwriting risk and loss
experience.--
(i) * * *
* * * * * * *
(iii) Annual updates.--Beginning with
the [2009] 2013 crop year, the review
under this subparagraph shall be
updated on an annual basis as data is
accumulated by the Secretary and other
sources, so that the Corporation may
make determinations regarding
adjustments to the surcharge in a
timely manner as quickly as evolving
practices and data trends allow.
(C) Additional price election.--
(i) * * *
(ii) Timing.--The development of the
procedure shall be completed in a
timely manner to allow the Corporation
to begin offering the additional price
election for organic crops with
sufficient data for the [2010] 2013
crop year.
(iii) Expansion.--The procedure shall
be expanded as quickly as practicable
as additional data on prices of organic
crops collected by the Secretary and
other sources of information becomes
available, with a goal of applying this
procedure to all organic crops not
later than the fifth full crop year
that begins after the date of enactment
of [Food, Conservation, and Energy Act
of 2008] the Federal Agriculture Reform
and Risk Management Act of 2012.
* * * * * * *
(17) Margin coverage for catfish.--
(A) In general.--The Corporation shall offer
to enter into a contract with a qualified
entity to conduct research and development
regarding a policy to insure producers against
reduction in the margin between the market
value of catfish and selected costs incurred in
the production of catfish.
(B) Eligibility.--Eligibility for the policy
described in subparagraph (A) shall be limited
to freshwater species of catfish that are
propagated and reared in controlled or selected
environments.
(C) Implementation.--The Board shall review
the policy described in subparagraph (B) under
subsection 508(h) and approve the policy if the
Board finds that the policy--
(i) will likely result in a viable
and marketable policy consistent with
this subsection;
(ii) would provide crop insurance
coverage in a significantly improved
form;
(iii) adequately protects the
interests of producers; and
(iv) the proposed policy meets other
requirements of this subtitle
determined appropriate by the Board.
(18) Biomass and sweet sorghum energy crop insurance
policies.--
(A) Authority.--The Corporation shall offer
to enter into 1 or more contracts with
qualified entities to carry out research and
development regarding--
(i) a policy to insure biomass
sorghum that is grown expressly for the
purpose of producing a feedstock for
renewable biofuel, renewable
electricity, or biobased products; and
(ii) a policy to insure sweet sorghum
that is grown for a purpose described
in clause (i).
(B) Research and development.--Research and
development with respect to each of the
policies required in subparagraph (A) shall
evaluate the effectiveness of risk management
tools for the production of biomass sorghum or
sweet sorghum, including policies and plans of
insurance that--
(i) are based on market prices and
yields;
(ii) to the extent that insufficient
data exist to develop a policy based on
market prices and yields, evaluate the
policies and plans of insurance based
on the use of weather indices,
including excessive or inadequate
rainfall, to protect the interest of
crop producers; and
(iii) provide protection for
production or revenue losses, or both.
(19) Study on swine catastrophic disease program.--
(A) In general.--The Corporation shall
contract with a qualified person to conduct a
study to determine the feasibility of insuring
swine producers for a catastrophic event.
(B) Report.--Not later than 1 year after the
date of the enactment of this paragraph, the
Corporation shall submit to the Committee on
Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes
the results of the study conducted under
subparagraph (A).
(20) Whole farm diversified risk management insurance
plan.--
(A) In general.--The Corporation shall
conduct activities or enter into contracts to
carry out research and development to develop a
whole farm risk management insurance plan, with
a liability limitation of $1,000,000, that
allows a diversified crop or livestock producer
the option to qualify for an indemnity if
actual gross farm revenue is below 85 percent
of the average gross farm revenue or the
expected gross farm revenue that can reasonably
be expected of the producer, as determined by
the Corporation.
(B) Eligible producers.--The Corporation
shall permit producers (including direct-to-
consumer marketers and producers servicing
local and regional and farm identity-preserved
markets) who produce multiple agricultural
commodities, including specialty crops,
industrial crops, livestock, and aquaculture
products, to participate in the plan in lieu of
any other plan under this subtitle.
(C) Diversification.--The Corporation may
provide diversification-based additional
coverage payment rates, premium discounts, or
other enhanced benefits in recognition of the
risk management benefits of crop and livestock
diversification strategies for producers that
grow multiple crops or that may have income
from the production of livestock that uses a
crop grown on the farm.
(D) Market readiness.--The Corporation may
include coverage for the value of any packing,
packaging, or any other similar on-farm
activity the Corporation determines to be the
minimum required in order to remove the
commodity from the field.
(E) Report.--Not later than 2 years after the
date of enactment of this paragraph, the
Corporation shall submit to the Committee on
Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes
the results and feasibility of the research and
development conducted under this paragraph,
including an analysis of potential adverse
market distortions.
(21) Study of food safety insurance.--
(A) In general.--The Corporation shall offer
to enter into a contract with 1 or more
qualified entities to conduct a study to
determine whether offering policies that
provide coverage for specialty crops from food
safety and contamination issues would benefit
agricultural producers.
(B) Subject.--The study described in
subparagraph (A) shall evaluate policies and
plans of insurance coverage that provide
protection for production or revenue impacted
by food safety concerns including, at a
minimum, government, retail, or national
consumer group announcements of a health
advisory, removal, or recall related to a
contamination concern.
(C) Report.--Not later than 1 year after the
date of enactment of this paragraph, the
Corporation shall submit to the Committee on
Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes
the results of the study conducted under
subparagraph (A).
(22) Study on poultry catastrophic disease program.--
(A) In general.--The Corporation shall
contract with a qualified person to conduct a
study to determine the feasibility of insuring
poultry producers for a catastrophic event.
(B) Report.--Not later than 1 year after the
date of the enactment of this paragraph, the
Corporation shall submit to the Committee on
Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes
the results of the study conducted under
subparagraph (A).
(23) Poultry business interruption insurance
policy.--
(A) Authority.--The Corporation shall offer
to enter into a contract or cooperative
agreement with a university or other legal
entity to carry out research and development
regarding a policy to insure the commercial
production of poultry against business
interruptions caused by integrator bankruptcy.
(B) Research and development.--As part of the
research and development conducted pursuant to
a contract or cooperative agreement entered
into under subparagraph (A), the entity shall--
(i) evaluate the market place for
business interruption insurance that is
available to poultry growers;
(ii) determine what statutory
authority would be necessary to
implement a business interruption
insurance through the Corporation;
(iii) assess the feasibility of a
policy or plan of insurance offered
under this subtitle to insure against
losses due to the bankruptcy of an
business integrator; and
(iv) analyze the costs to the Federal
Government of a Federal business
interruption insurance program for
poultry growers.
(C) Definitions.--In this paragraph, the
terms ``poultry'' and ``poultry grower'' have
the meanings given those terms in section 2(a)
of the Packers and Stockyards Act, 1921 (7
U.S.C. 182(a)).
(D) Deadline for contract or cooperative
agreement.--Not later than six months after the
date of the enactment of this paragraph, the
Corporation shall enter into the contract or
cooperative agreement required by subparagraph
(A).
(E) Deadline for completion of research and
development.--Not later than one year after the
date of the enactment of this paragraph, the
Corporation shall submit to the Committee on
Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes
the results of the research and development
conducted pursuant to the contract or
cooperative agreement entered into under
subparagraph (A).
[(17)] (24) Relation to limitations.--A policy
developed under this subsection may be prepared without
regard to the limitations of this subtitle, including--
(A) * * *
* * * * * * *
SEC. 523. PILOT PROGRAMS.
(a) General Provisions.--
(1) Authority.--Except as otherwise provided in this
section, the Corporation may, at the sole discretion of
the Corporation, conduct a pilot program submitted to
and approved by the Board under section 508(h), or that
is developed under subsection (b) or section 522, to
evaluate whether a proposal or new risk management tool
tested by the pilot program is suitable for the
marketplace and addresses the needs of producers of
agricultural commodities.
* * * * * * *
[(5) Evaluation.--
[(A) Requirement.--After the completion of
any pilot program under this section, the
Corporation shall evaluate the pilot program
and submit to the Committee on Agriculture of
the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the
Senate a report on the operations of the pilot
program.
[(B) Evaluation and recommendations.--The
report shall include an evaluation by the
Corporation of the pilot program and the
recommendations of the Corporation with respect
to implementing the program on a national
basis.]
(b) Livestock Pilot Programs.--
(1) * * *
* * * * * * *
(10) Limitation on expenditures.--The Corporation
shall conduct all livestock programs under this
subtitle so that, to the maximum extent practicable,
all costs associated with conducting the livestock
programs (other than research and development costs
covered by section 522) are not expected to exceed the
following:
(A) * * *
* * * * * * *
(C) $20,000,000 for [fiscal year 2004 and
each subsequent fiscal year] each of fiscal
years 2004 through 2012.
(D) $50,000,000 for fiscal year 2013 and each
subsequent fiscal year.
* * * * * * *
SEC. 524. EDUCATION AND RISK MANAGEMENT ASSISTANCE.
(a) * * *
(b) Agricultural Management Assistance.--
(1) * * *
(2) Uses.--A producer may use financial assistance
provided under this subsection to--
(A) * * *
[(B) plant trees to form windbreaks or to
improve water quality;]
[(C)] (B) mitigate financial risk through
production or marketing diversification [or
resource conservation practices], including--
[(i) soil erosion control;]
[(ii)] (i) integrated pest
management;
[(iii)] (ii) organic farming; or
[(iv)] (iii) to develop and implement
a plan to create marketing
opportunities for the producer,
including through value-added
processing;
[(D)] (C) enter into futures, hedging, or
options contracts in a manner designed to help
reduce production, price, or revenue risk;
[(E)] (D) enter into agricultural trade
options as a hedging transaction to reduce
production, price, or revenue risk; or
[(F)] (E) conduct any other activity relating
to an activity described in subparagraphs (A)
through (E), as determined by the Secretary.
* * * * * * *
(4) Commodity credit corporation.--
(A) * * *
[(B) Funding.--
[(i) In general.--Except as provided
in clause (ii), the Commodity Credit
Corporation shall make available to
carry out this subsection not less than
$10,000,000 for each fiscal year.
[(ii) Exception for certain fiscal
years.--For each of fiscal years 2008
through 2014, the Commodity Credit
Corporation shall make available to
carry out this subsection $15,000,000.]
(B) Funding.--The Commodity Credit
Corporation shall make available to carry out
this subsection not less than $10,000,000 for
each fiscal year.
(C) Certain uses.--Of the amounts made
available to carry out this subsection for a
fiscal year, the Commodity Credit Corporation
shall use not less than--
(i) [50] 30 percent to carry out
subparagraphs [(A), (B), and (C)] (A)
and (B) of paragraph (2) through the
Natural Resources Conservation Service;
* * * * * * *
(iii) [40] 60 percent to conduct
activities to carry out subparagraph
(F) of paragraph (2) through the Risk
Management Agency.
Subtitle B--Supplemental Agricultural Disaster Assistance
SEC. 531. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
(a) * * *
* * * * * * *
(d) Livestock Forage Disaster Program.--
(1) * * *
* * * * * * *
(3) Assistance for losses due to drought
conditions.--
[(A) Eligible losses.--
[(i) In general.--An eligible]
(A) Eligible losses.--An eligible livestock
producer may receive assistance under this
subsection only for grazing losses for covered
livestock that occur on land that--
[(I)] (i) is native or improved
pastureland with permanent vegetative
cover; or
[(II)] (ii) is planted to a crop
planted specifically for the purpose of
providing grazing for covered
livestock.
[(ii) Exclusions.--An eligible
livestock producer may not receive
assistance under this subsection for
grazing losses that occur on land used
for haying or grazing under the
conservation reserve program
established under subchapter B of
chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16
U.S.C. 3831 et seq.).]
* * * * * * *
----------
FOOD FOR PEACE ACT
* * * * * * *
TITLE II--EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS
SEC. 201. GENERAL AUTHORITY.
The President shall establish a program under this title (to
be implemented by the Administrator) to provide agricultural
commodities to foreign countries on behalf of the people of the
United States to--
(1) * * *
* * * * * * *
[(7) promote economic and nutritional security by
increasing educational, training, and other productive
activities.
Such program shall be implemented by the Administrator.]
(7) build resilience to mitigate and prevent food
crises and reduce the future need for emergency aid.
SEC. 202. PROVISION OF AGRICULTURAL COMMODITIES.
(a) * * *
* * * * * * *
(e) Support for Eligible Organizations.--
(1) In general.--Of the funds made available in each
fiscal year under this title to the Administrator, not
less than 7.5 percent nor more than [13 percent] 11
percent of the funds shall be made available in each
fiscal year to eligible organizations described in
subsection (d), to assist the organizations in--
(A) * * *
* * * * * * *
(h) Food Aid Quality.--
(1) In general.--[The Administrator] In consultation
with the Secretary, the Administrator shall use funds
made available for fiscal year 2009 and subsequent
fiscal years to carry out this title to establish a
mechanism--
(A) * * *
(B) to adjust products and formulations
(including the potential introduction of new
fortificants and products) as necessary to
cost-effectively meet nutrient needs of target
populations; [and]
[(C) to test prototypes.]
(C) to evaluate, as necessary, the use of
current and new agricultural commodities and
products thereof in different program settings
and for particular recipient groups, including
the testing of prototypes;
(D) to establish and implement appropriate
protocols for quality assurance of food
products procured by the Secretary for food aid
programs; and
(E) to periodically update program guidelines
on the recommended use of agricultural
commodities and food products in food aid
programs to reflect findings from the
implementation of this subsection and other
relevant information.
(2) Administration.--[The Administrator] In
consultation with the Secretary, the Administrator--
(A) * * *
* * * * * * *
(3) Funding limitation.--Of the funds made available
under section 207(f), for [fiscal years 2009 through
2011, not more than $4,500,000] fiscal years 2013
through 2017, not more than $1,000,000 may be used to
carry out this subsection.
* * * * * * *
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 2008 through [2012] 2017 is not
less than 2,500,000 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
2008 through [2012] 2017 is not less than 1,875,000
metric tons.
* * * * * * *
SEC. 205. FOOD AID CONSULTATIVE GROUP.
(a) * * *
(b) Membership.--The Group shall be composed of--
(1) * * *
* * * * * * *
(6) representatives from agricultural producer groups
in the United States; [and]
(7) representatives from the United States
agricultural processing sector involved in providing
agricultural commodities for programs under this Act;
and
[(7)] (8) representatives from the maritime
transportation sector involved in transporting
agricultural commodities overseas for programs under
this Act.
* * * * * * *
(d) Consultations.--[In preparing regulations, handbooks, or
guidelines implementing this title, or significant revisions
thereto, the Administrator shall provide such proposals to the
Group for review and comment.]
(1) Consultation in advance of issuance of
implementation regulations, handbooks, and
guidelines.--Not later than 45 days before a proposed
regulation, handbook, or guideline implementing this
title, or a proposed significant revision to a
regulation, handbook, or guideline implementing this
title, becomes final, the Administrator shall provide
the proposal to the Group for review and comment. The
Administrator shall consult and, when appropriate (but
at least twice per year), meet with the Group regarding
such proposed regulations, handbooks, guidelines, or
revisions thereto prior to the issuance of such.
(2) Consultation regarding food aid quality
efforts.--The Administrator shall seek input from and
consult with the Group on the implementation of section
202(h).
* * * * * * *
(f) Termination.--The Group shall terminate on December 31,
[2012] 2017.
* * * * * * *
SEC. 207. ADMINISTRATION.
(a) * * *
* * * * * * *
(c) Regulations and Guidance.--
(1) In general.--The Administrator shall promptly
issue all necessary regulations and make revisions to
agency guidelines with respect to changes in the
operation or implementation of the program established
under this title. Not later than 270 days after the
date of the enactment of the Federal Agriculture Reform
and Risk Management Act of 2012, the Administrator
shall issue all regulations and revisions to agency
guidance necessary to implement the amendments made to
this title by such Act.
(2) Requirements.--The Administrator shall develop
regulations and guidance with the intent of--
(A) * * *
* * * * * * *
(f) Program Oversight, Monitoring, and Evaluation.--
(1) * * *
(2) Requirements of systems and activities.--The
systems and activities described in paragraph (1) shall
include--
(A) * * *
* * * * * * *
(D) the evaluation of monetization programs;
and
(E) early warning assessments and systems to
help prevent famines[; and].
[(F) upgraded information technology
systems.]
[(3) Implementation report.--Not later than 180 days
after the date of enactment of the Food, Conservation,
and Energy Act of 2008, the Administrator shall submit
to the appropriate committees of Congress a report on
efforts undertaken by the Administrator to conduct
oversight of nonemergency programs under this title.
[(4) Government accountability office report.--Not
later than 270 days after the date of submission of the
report under paragraph (3), the Comptroller General of
the United States shall submit to the appropriate
committees of Congress a report that contains--
[(A) a review of, and comments addressing,
the report described in paragraph (3); and
[(B) recommendations relating to any
additional actions that the Comptroller General
of the United States determines to be necessary
to improve the monitoring and evaluation of
assistance provided under this title.]
[(5)] (3) Contract authority.--
(A) * * *
* * * * * * *
[(6)] (4) Funding.--
(A) In general.--Subject to section
202(h)(3), in addition to other funds made
available to the Administrator to carry out the
monitoring of emergency food assistance, the
Administrator may implement this subsection
using up to $22,000,000 of the funds made
available under this title for each of fiscal
years 2009 through 2012[, except for paragraph
(2)(F), for which only $2,500,000 shall be made
available during fiscal year 2009] and up to
$10,000,000 of such funds for each of fiscal
years 2013 through 2017.
(B) Limitations.--
(i) In general.--Subject to clause
(ii), of the funds made available under
subparagraph (A), for each of fiscal
years 2009 through [2012] 2017, not
more than $8,000,000 may be used by the
Administrator to carry out paragraph
(2)(E).
* * * * * * *
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, $8,000,000 for each of fiscal years 2001 through
[2012] 2017, to remain available until expended.
* * * * * * *
TITLE IV--GENERAL AUTHORITIES AND REQUIREMENTS
* * * * * * *
SEC. 403. GENERAL PROVISIONS.
(a) * * *
(b) Impact on Local Farmers and Economy.--The Secretary or
the Administrator, as appropriate, shall ensure that the
importation of United States agricultural commodities and the
use of local currencies for development purposes will not have
a disruptive impact on the farmers or the local economy of the
recipient country. The Secretary or the Administrator, as
appropriate, shall seek information, as part of the regular
proposal and submission process, from implementing agencies on
the potential benefits to the local economy of sales of
agricultural commodities within the recipient country.
* * * * * * *
(e) World Prices.--
(1) * * *
(2) Sale price.--Sales of agricultural commodities
described in paragraph (1) shall be made at a
[reasonable market price] fair market value in the
economy where the agricultural commodity is to be sold,
as determined by the Secretary or the Administrator, as
appropriate.
(3) Coordination on assessments.--The Secretary and
the Administrator shall coordinate in assessments to
carry out paragraph (1) and in the development of
approaches to be used by implementing agencies for
determining the fair market value described in
paragraph (2).
* * * * * * *
(m) Report on Use of Funds.--Not later than 180 days after
the date of the enactment of the Federal Agriculture Reform and
Risk Management Act of 2012, and annually thereafter, the
Administrator shall submit to Congress a report--
(1) specifying the amount of funds (including funds
for administrative costs, indirect cost recovery, and
internal transportation, storage and handling, and
associated distribution costs) provided to each
eligible organization that received assistance under
this Act in the previous fiscal year; and
(2) describing how those funds were used by the
eligible organization.
* * * * * * *
SEC. 407. ADMINISTRATIVE PROVISIONS.
(a) * * *
* * * * * * *
(c) Title II and III Program.--
(1) * * *
* * * * * * *
(4) Prepositioning.--
(A) In general.--Funds made available for
fiscal years 2001 through [2012] 2017 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 $10,000,000 of such funds]
for each of fiscal years 2001 through 2012 not
more than $10,000,000 of such funds and for
each of fiscal years 2013 through 2017 not more
than $15,000,000 of such funds may be used to
store agricultural commodities for
prepositioning in foreign countries.
[(B) Additional prepositioning sites.--
[(i) Feasibility assessments.--The
Administrator may carry out assessments
for the establishment of not less than
2 sites to determine the feasibility
of, and costs associated with, using
the sites to store and handle
agricultural commodities for
prepositioning in foreign countries.
[(ii) Establishment of sites.--Based
on the results of each assessment
carried out under clause (i), the
Administrator may establish additional
sites for prepositioning in foreign
countries.]
(B) Additional prepositioning sites.--The
Administrator may establish additional sites
for prepositioning in foreign countries or
change the location of current sites for
prepositioning in foreign countries after
conducting, and based on the results of,
assessments of need, feasibility, and cost.
* * * * * * *
(f) Annual Reports.--
(1) Annual report regarding [agricultural trade] food
aid programs and activities.--
(A) * * *
(B) Contents.--An annual report described in
subparagraph (A) shall include, with respect to
the prior fiscal year--
(i) * * *
(ii) a general description of each
project and activity implemented under
this Act (including each activity
funded through the use of local
currencies) and the intended
beneficiaries of the project or
activity;
(iii) a statement describing the
quantity of agricultural commodities
made available to each country pursuant
to--
(I) section 416(b) of the
Agricultural Act of 1949 (7
U.S.C. 1431(b)); [and]
(II) the Food for Progress
Act of 1985 (7 U.S.C. 1736o);
and
(III) the McGovern-Dole
International Food for
Education and Child Nutrition
Program established by section
3107 of the Farm Security and
Rural Investment Act of 2002 (7
U.S.C. 1736o-1);
* * * * * * *
SEC. 408. EXPIRATION DATE.
No agreements to finance sales or to provide other assistance
under this Act shall be entered into after December 31, [2012]
2017.
* * * * * * *
SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to
be appropriated--
(1) [for fiscal year 2008 and each fiscal year
thereafter, $2,500,000,000] $2,500,000,000 for each of
fiscal years 2008 through 2012 and $2,000,000,000 for
each of fiscal years 2013 through 2017 to carry out the
emergency and nonemergency food assistance programs
under title II; and
* * * * * * *
(e) Minimum Level of Nonemergency Food Assistance.--
[(1) Funds and commodities.--Of the amounts made
available to carry out emergency and nonemergency food
assistance programs under title II, not less than
$375,000,000 for fiscal year 2009, $400,000,000 for
fiscal year 2010, $425,000,000 for fiscal year 2011,
and $450,000,000 for fiscal year 2012 shall be expended
for nonemergency food assistance programs under title
II.]
(1) Funds and commodities.--For each of fiscal years
2013 through 2017, of the amounts made available to
carry out emergency and nonemergency food assistance
programs under title II, not less than $400,000,000
shall be expended for nonemergency food assistance
programs under such title.
* * * * * * *
SEC. 415. MICRONUTRIENT FORTIFICATION PROGRAMS.
(a) In General.--
(1) * * *
(2) Purpose.--The purpose of a program shall be to--
(A) * * *
(B) assess and apply technologies and systems
to improve and ensure the quality, shelf life,
bioavailability, and safety of fortified food
aid agricultural commodities, and products of
those agricultural commodities[, using
recommendations included in the report entitled
``Micronutrient Compliance Review of Fortified
Public Law 480 Commodities'', published in
October 2001, with implementation by
independent entities with proven experience and
expertise in food aid commodity quality
enhancements].
* * * * * * *
(c) Termination of Authority.--The authority to carry out
programs established under this section shall terminate on
September 30, [2012] 2017.
* * * * * * *
TITLE V--FARMER-TO-FARMER PROGRAM
SEC. 501. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-FARMER PROGRAM.
(a) * * *
* * * * * * *
(d) Minimum Funding.--Notwithstanding any other provision of
law, in addition to any funds that may be specifically
appropriated to carry out this section, not less than the
greater of $10,000,000 or 0.5 percent of the amounts made
available for each of fiscal years 2008 through 2012, and not
less than the greater of $15,000,000 or 0.5 percent of the
amounts made available for each of fiscal years 2013 through
2017, to carry out this Act shall be used to carry out programs
under this section, with--
(1) * * *
* * * * * * *
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated for each of fiscal years 2008 through
[2012] 2017 to carry out the programs under this
section--
(A) * * *
* * * * * * *
----------
AGRICULTURAL TRADE ACT OF 1978
* * * * * * *
TITLE II--AGRICULTURAL EXPORT PROGRAMS
* * * * * * *
Subtitle B--Implementation
SEC. 211. FUNDING LEVELS.
(a) * * *
(b) Export Credit Guarantee Programs.--The Commodity Credit
Corporation shall make available for each of fiscal years 1996
through [2012] 2017 credit guarantees under section 202(a) in
an amount equal to but not more than the lesser of--
(1) * * *
* * * * * * *
(c) Market Access Programs.--
(1) In general.--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--
(A) in addition to any funds that may be
specifically appropriated to implement a market
access program, not more than $90,000,000 for
fiscal year 2001, $100,000,000 for fiscal year
2002, $110,000,000 for fiscal year 2003,
$125,000,000 for fiscal year 2004, $140,000,000
for fiscal year 2005, and $200,000,000 for each
of fiscal years 2008 through [2012] 2017, of
the funds of, or an equal value of commodities
owned by, the Commodity Credit Corporation; and
* * * * * * *
TITLE VII--FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM
* * * * * * *
SEC. 703. FUNDING.
(a) In General.--To carry out this title, the Secretary shall
use funds of the Commodity Credit Corporation, or commodities
of the Commodity Credit Corporation of a comparable value, in
the amount of $34,500,000 for each of fiscal years 2008 through
[2012] 2017.
* * * * * * *
----------
FOOD FOR PROGRESS ACT OF 1985
Sec. 1110. (a) * * *
* * * * * * *
(f) Provision of Eligible Commodities to Developing
Countries.--(1) * * *
* * * * * * *
(3) No funds of the Corporation in excess of $40,000,000
(exclusive of the cost of eligible commodities) may be used for
each of fiscal years 1996 through [2012] 2017 to carry out this
section with respect to eligible commodities made available
under section 416(b) of the Agricultural Act of 1949 unless
authorized in advance in appropriation Acts.
* * * * * * *
[(6) Project in malawi.--
[(A) In general.--In carrying out this
section during fiscal year 2009, the President
shall approve not less than 1 multiyear project
for Malawi--
[(i) to promote sustainable
agriculture; and
[(ii) to increase the number of women
in leadership positions.
[(B) Use of eligible commodities.--Of the
eligible commodities used to carry out this
section during the period in which the project
described in subparagraph (A) is carried out,
the President shall carry out the project using
eligible commodities with a total value of not
less than $3,000,000 during the course of the
project.]
(g) Minimum Tonnage.--Subject to subsection (f)(3), not less
than 400,000 metric tons of eligible commodities may be
provided under this section for the program for each of fiscal
years 2002 through [2012] 2017.
* * * * * * *
(k) Effective and Termination Dates.--This section shall be
effective during the period beginning October 1, 1985, and
ending December 31, [2012] 2017.
(l) Administrative Expenses.--(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 [2012] 2017, use in addition to any amounts
or eligible commodities otherwise made available under this
section for such activities, not to exceed $$15,000,000 (or, in
the case of fiscal year 1999, $12,000,000) of Corporation funds
(or eligible 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.
* * * * * * *
----------
BILL EMERSON HUMANITARIAN TRUST ACT
TITLE III--BILL EMERSON HUMANITARIAN TRUST
* * * * * * *
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 [2012] 2017 from funds made
available to carry out the Food for
Peace Act (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)(1) 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 [2012] 2017;
* * * * * * *
(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,
[2012] 2017.
(2) Disposal of eligible commodities.--Eligible
commodities remaining in the trust after September 30,
[2012] 2017, shall be disposed of by release for use in
providing for emergency humanitarian food needs in
developing countries as provided in this section.
----------
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 [2012] 2017 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
[2012] 2017, 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 B--Sustainable Agriculture Research and Education
* * * * * * *
CHAPTER 1--BEST UTILIZATION OF BIOLOGICAL APPLICATIONS
* * * * * * *
SEC. 1624. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated [$40,000,000 for each
fiscal year] to carry out this chapter $40,000,000 for each of
fiscal years 2012 through 2017. Of amounts appropriated to
carry out this chapter for a fiscal year, not less than
$15,000,000, or not less than two thirds of any such
appropriation, whichever is greater, shall be used to carry out
sections 1621 and 1622.
CHAPTER 2--INTEGRATED MANAGEMENT SYSTEMS
SEC. 1627. INTEGRATED MANAGEMENT SYSTEMS.
(a) * * *
* * * * * * *
[(d) Authorization of Appropriations.--There are authorized
to be appropriated for each fiscal year $20,000,000 to carry
out this section through the National Institute of Food and
Agriculture.]
(d) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section through the National
Institute of Food and Agriculture $20,000,000 for each of
fiscal years 2012 through 2017.
CHAPTER 3--SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT AND TRANSFER
PROGRAM
SEC. 1628. TECHNICAL GUIDES AND HANDBOOKS.
(a) * * *
* * * * * * *
[(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this section.]
(f) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) such sums as are necessary for fiscal year 2012;
and
(2) $5,000,000 for each of fiscal years 2013 through
2017.
SEC. 1629. NATIONAL TRAINING PROGRAM.
(a) * * *
* * * * * * *
[(i) Authorization of Appropriations.--There are authorized
to be appropriated $20,000,000 for each fiscal year to carry
out the National Training Program.]
(i) Authorization of Appropriations.--There are authorized to
be appropriated to carry out the National Training Program
$20,000,000 for each of fiscal years 2012 through 2017.
Subtitle C--National Genetic Resources Program
* * * * * * *
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 2012.]
subtitle--
(1) such sums as are necessary for each of fiscal
years 1991 through 2012; and
(2) $1,000,000 for each of fiscal years 2013 through
2017.
[Subtitle D--National Agricultural Weather Information System
[SEC. 1637. SHORT TITLE AND PURPOSES.
[(a) Short Title.--This subtitle may be cited as the
``National Agricultural Weather Information System Act of
1990''.
[(b) Purposes.--The purposes of this subtitle are--
[(1) to provide a nationally coordinated agricultural
weather information system, based on the participation
of universities, State programs, Federal agencies, and
the private weather consulting sector, and aimed at
meeting the weather and climate information needs of
agricultural producers;
[(2) to facilitate the collection, organization, and
dissemination of advisory weather and climate
information relevant to agricultural producers, through
the participation of the private sector and otherwise;
[(3) to provide for research and education on
agricultural weather and climate information, aimed at
improving the quality and quantity of weather and
climate information available to agricultural
producers, including research on short-term forecasts
of thunderstorms and on extended weather forecasting
techniques and models;
[(4) to encourage, where feasible, greater private
sector participation in providing agricultural weather
and climate information, to encourage private sector
participation in educating and training farmers and
others in the proper utilization of agricultural
weather and climate information, and to strengthen
their ability to provide site-specific weather
forecasting for farmers and the agricultural sector in
general; and
[(5) to ensure that the weather and climate data
bases needed by the agricultural sector are of the
highest scientific accuracy and thoroughly documented,
and that such data bases are easily accessible for
remote computer access.
[SEC. 1638. AGRICULTURAL WEATHER OFFICE.
[(a) Establishment of the Office and Administration of the
System.--
[(1) Establishment required.--The Secretary of
Agriculture shall establish in the Department of
Agriculture an Agricultural Weather Office to plan and
administer the National Agricultural Weather
Information System. The system shall be comprised of
the office established under this section and the
activities of the State agricultural weather
information systems described in section 1640.
[(2) Director.--The Secretary shall appoint a
Director to manage the activities of the Agricultural
Weather Office and to advise the Secretary on
scientific and programmatic coordination for climate,
weather, and remote sensing.
[(b) Authority.--The Secretary, acting through the Office,
may undertake the following activities to carry out this
subtitle:
[(1) Enter into cooperative projects with the
National Weather Service to--
[(A) support operational weather forecasting
and observation useful in agriculture;
[(B) sponsor joint workshops to train
agriculturalists about the optimum utilization
of agricultural weather and climate data;
[(C) jointly develop improved computer models
and computing capacity; and
[(D) enhance the quality and availability of
weather and climate information needed by
agriculturalists.
[(2) Obtain standardized weather observation data
collected in near real time through State agricultural
weather information systems.
[(3) Make, through the National Institute of Food and
Agriculture, competitive grants under subsection (c)
for research in atmospheric sciences and climatology.
[(4) Make grants to eligible States under section
1640 to plan and administer State agricultural weather
information systems.
[(5) Coordinate the activities of the Office with the
weather and climate research activities of the National
Institute of Food and Agriculture, the National Academy
of Sciences, the National Science Foundation
Atmospheric Services Program, and the National Climate
Program.
[(6) Encourage private sector participation in the
National Agricultural Weather Information System
through mutually beneficial cooperation with the
private sector, particularly in generating weather and
climatic data useful for site-specific agricultural
weather forecasting.
[(c) Competitive Grants Program.--
[(1) Grants authorized.--With funds allocated to
carry out this subsection, the Secretary of Agriculture
may make grants to State agricultural experiment
stations, all colleges and universities, other research
institutions and organizations, Federal agencies,
private organizations and corporations, and individuals
to carry out research in all aspects of atmospheric
sciences and climatology that can be shown to be
important in both a basic and developmental way to
understanding, forecasting, and delivering agricultural
weather information.
[(2) Competitive basis.--Grants made under this
subsection shall be made on a competitive basis.
[(d) Priority.--In selecting among applications for grants
under subsection (c), the Secretary shall give priority to
proposals which emphasize--
[(1) techniques and processes that relate to weather-
induced agricultural losses, and to improving the
advisory information on weather extremes such as
drought, floods, freezes, and storms well in advance of
their actual occurrence;
[(2) the improvement of site-specific weather data
collection and forecasting; or
[(3) the impact of weather on economic and
environmental costs in agricultural production.
[SEC. 1640. STATE AGRICULTURAL WEATHER INFORMATION SYSTEMS.
[(a) Advisory Program Grants.--
[(1) Grants required.--With funds allocated to carry
out this section, the Secretary of Agriculture shall
make grants to not fewer than 10 eligible States to
plan and administer, in cooperation with persons
described in paragraph (2), advisory programs for State
agricultural weather information systems.
[(2) Persons described.--The persons referred to in
paragraph (1) are the Director of the Agricultural
Weather Office, the Director of the National Institute
of Food and Agriculture, and other persons as
appropriate (such as the directors of the appropriate
State agricultural experiment stations and State
extension programs).
[(b) Consultation.--For purposes of selecting among
applications submitted by States for grants under this section,
the Secretary shall consult with the Director.
[(c) Eligibility Requirements.--To be eligible to receive a
grant under this section, the chief executive officer of a
State shall submit to the Secretary an application that
contains--
[(1) assurances that the State will expend such grant
to plan and administer a State agricultural weather
system that will--
[(A) collect observational weather data
throughout the State and provide such data to
the National Weather Service and the
Agricultural Weather Office;
[(B) develop methods for packaging
information received from the national system
for use by agricultural producers (with State
Cooperative Extension Services and the private
sector to serve as the primary conduit of
agricultural weather forecasts and climatic
information to producers); and
[(C) develop programs to educate agricultural
producers on how to best use weather and
climate information to improve management
decisions; and
[(2) such other assurances and information as the
Secretary may require by rule.
[SEC. 1641. FUNDING.
[(a) Allocation of Funds.--
[(1) Cooperative work.--Not less than 15 percent and
not more than 25 percent of the funds appropriated for
a fiscal year to carry out this subtitle shall be used
for cooperative work with the National Weather Service
entered into under section 1638(b)(1).
[(2) Competitive grants program.--Not less than 15
percent and not more than 25 percent of such funds
shall be used by the National Institute of Food and
Agriculture for a competitive grants program under
section 1638(c).
[(3) Weather information systems.--Not less than 25
percent and not more than 35 percent of such funds
shall be divided equally between the participating
States selected for that fiscal year under section
1640.
[(4) Other purposes.--The remaining funds shall be
allocated for use by the Agricultural Weather Office
and the National Institute of Food and Agriculture in
carrying out generally the provisions of this subtitle.
[(b) Limitations on Use of Funds.--Funds provided under the
authority of this subtitle shall not be used for the
construction of facilities. Each State or agency receiving
funds shall not use more than 30 percent of such funds for
equipment purchases. Any use of the funds in facilitating the
distribution of agricultural and climate information to
producers shall be done with consideration for the role that
the private meteorological sector can play in such information
delivery.
[(c) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 to carry out this subtitle for
each of the fiscal years 2008 through 2012.]
* * * * * * *
Subtitle H--Miscellaneous Research Provisions
* * * * * * *
[SEC. 1670. RURAL ELECTRONIC COMMERCE EXTENSION PROGRAM.
[(a) Definitions.--In this section:
[(1) Development center.--The term ``development
center'' means--
[(A) the North Central Regional Center for
Rural Development;
[(B) the Northeast Regional Center for Rural
Development or its designee;
[(C) the Southern Rural Development Center;
and
[(D) the Western Rural Development Center or
its designee.
[(2) Extension program.--The term ``extension
program'' means the rural electronic commerce extension
program established under subsection (b).
[(3) Microenterprise.--The term ``microenterprise''
means a commercial enterprise that has 5 or fewer
employees, 1 or more of whom own the enterprise.
[(4) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Director
of the National Institute of Food and Agriculture.
[(5) Small business.--The term ``small business'' has
the meaning given the term ``small-business concern''
by section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
[(b) Establishment.--The Secretary shall establish a rural
electronic commerce extension program to expand and enhance
electronic commerce practices and technology to be used by
small businesses and microenterprises in rural areas.
[(c) Grants.--
[(1) In general.--The Secretary shall carry out the
program established under subsection (b) by making--
[(A) grants to each of the development
centers; and
[(B) competitive grants to land-grant
colleges and universities (or consortia of
land-grant colleges and universities) and to
colleges and universities (including community
colleges) with agricultural or rural
development programs--
[(i) to develop and facilitate
innovative rural electronic commerce
business strategies; and
[(ii) to assist small businesses and
microenterprises in identifying,
adapting, implementing, and using
electronic commerce business practices
and technologies.
[(2) Eligibility.--The selection criteria established
for grants awarded under paragraph (1)(B) shall
include--
[(A) the ability of an applicant to provide
training and education on best practices,
technology transfer, adoption, and use of
electronic commerce in rural communities by
small businesses and microenterprises;
[(B) the extent and geographic diversity of
the area served by the proposed project or
activity under the extension program;
[(C) in the case of a land-grant college or
university, the extent of participation of the
land-grant college or university in the
extension program (including any economic
benefits that would result from that
participation);
[(D) the percentage of funding and in-kind
commitments from non-Federal sources that would
be needed by and available for a proposed
project or activity under the extension
program; and
[(E) the extent of participation of low-
income and minority businesses or
microenterprises in a proposed project or
activity under the extension program.
[(3) Non-federal share.--
[(A) In general.--As a condition of the
receipt of funds under this section, a
development center or grant applicant shall
agree to obtain from non-Federal sources
(including State, local, nonprofit, or private
sector sources) contributions of an amount
equal to 50 percent of the grant amount.
[(B) Form.--The non-Federal share required
under subparagraph (A) may be provided in the
form of in-kind contributions.
[(C) Exception.--The non-Federal share
required under subparagraph (A) may be reduced
to 25 percent if the grant recipient serves
low-income or minority-owned businesses or
microenterprises, as determined by the
Secretary.
[(d) Report.--Not later than 2 years after the date of
enactment of this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that describes--
[(1) the policies, practices, and procedures used to
assist rural communities in efforts to adopt and use
electronic commerce techniques; and
[(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $60,000,000 for each
of fiscal years 2002 through 2007, of which not less than \1/3\
of the amount made available for each fiscal year shall be used
to carry out activities under subsection (c)(1)(A).
[SEC. 1671. AGRICULTURAL GENOME INITIATIVE.
[(a) Goals.--The goals of this section are--
[(1) to expand the knowledge of public and private
sector entities and persons concerning genomes for
species of importance to the food and agriculture
sectors in order to maximize the return on the
investment in genomics of agriculturally important
species;
[(2) to focus on the species that will yield
scientifically important results that will enhance the
usefulness of many agriculturally important species;
[(3) to build on genomic research, such as the Human
Genome Initiative and the Arabidopsis Genome Project,
to understand gene structure and function that is
expected to have considerable payoffs in agriculturally
important species;
[(4) to develop improved bioinformatics to enhance
both sequence or structure determination and analysis
of the biological function of genes and gene products;
[(5) to encourage Federal Government participants to
maximize the utility of public and private partnerships
for agricultural genome research;
[(6) to allow resources developed under this section,
including data, software, germplasm, and other
biological materials, to be openly accessible to all
persons, subject to any confidentiality requirements
imposed by law; and
[(7) to encourage international partnerships with
each partner country responsible for financing its own
strategy for agricultural genome research.
[(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) studying and mapping agriculturally significant
genes to achieve sustainable and secure agricultural
production;
[(2) ensuring that current gaps in existing
agricultural genetics knowledge are filled;
[(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;
[(4) ensuring future genetic improvement of
agriculturally important species;
[(5) supporting preservation of diverse germplasm;
[(6) ensuring preservation of biodiversity to
maintain access to genes that may be of importance in
the future;
[(7) reducing the economic impact of plant pathogens
on commercially important crop plants; and
[(8) otherwise carrying out this section.
[(c) Grants and Cooperative Agreements.--
[(1) Authority.--The Secretary may make grants or
enter into cooperative agreements with individuals and
organizations in accordance with section 1472 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3318).
[(2) Competitive basis.--A grant or cooperative
agreement under this subsection shall be made or
entered into on a competitive basis.
[(d) Administration.--Paragraphs (4), (7), (8), and (11)(B)
of subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i) shall apply with respect to
the making of a grant or cooperative agreement under this
section.
[(e) Matching of Funds.--
[(1) General requirement.--If a grant or cooperative
agreement under this section provides a particular
benefit to a specific agricultural commodity, the
Secretary shall require the recipient to provide funds
or in-kind support to match the amount of funds
provided by the Secretary under the grant or
cooperative agreement.
[(2) Waiver.--The Secretary may waive the matching
funds requirement of paragraph (1) with respect to a
research project if the Secretary determines that--
[(A) the results of the project, while of
particular benefit to a specific agricultural
commodity, are likely to be applicable to
agricultural commodities generally; or
[(B) the project involves a minor commodity,
the project deals with scientifically important
research, and the recipient is unable to
satisfy the matching funds requirement.
[(f) Consultation With National Academy of Sciences.--The
Secretary may use funds made available under this section to
consult with the National Academy of Sciences regarding the
administration of the Agricultural Genome Initiative.]
SEC. 1672. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
(a) Competitive Specialized Research and Extension Grants
Authorized.--The Secretary of Agriculture (referred to in this
section as the ``Secretary'') may make competitive grants to
support research and extension activities specified in
[subsections (e) through (i)] subsections (e) through (g). The
Secretary shall make the grants in consultation with the
National Agricultural Research, Extension, Education, and
Economics Advisory Board.
(b) Administration.--
(1) * * *
(2) Use of task forces.--To facilitate the making of
research and extension grants under this section in the
research and extension areas specified in [subsections
(e) through (i)] subsections (e) through (g), the
Secretary may appoint a task force for each such area
to make recommendations to the Secretary. The Secretary
may not incur costs in excess of $1,000 for any fiscal
year in connection with each task force established
under this paragraph.
(c) Matching Funds Required.--
(1) * * *
(2) Waiver authority.--The Secretary may waive the
matching funds requirement specified in paragraph (1)
with respect to a research project if the Secretary
determines that--
(A) the results of the project, while of
particular benefit to a specific agricultural
commodity, are likely to be applicable to
agricultural commodities generally; [or]
(B) the project involves a minor commodity,
the project deals with scientifically important
research, and the grant recipient is unable to
satisfy the matching funds requirement[.]; or
(C) the project involves a pest that has been
designated as a pest of public health
significance by the Environmental Protection
Agency and the Centers for Disease Control and
Prevention, as described in section 2(nn) of
the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136(nn)).
* * * * * * *
[(e) High-Priority Research and Extension Areas.--
[(1) Ethanol research and extension.--Research and
extension grants may be made under this section for the
purpose of carrying out or enhancing research on
ethanol derived from agricultural crops as an
alternative fuel source.
[(2) Aflatoxin research and extension.--Research and
extension grants may be made under this section for the
purpose of identifying, improving, and eventually
commercializing, alfatoxin controls in corn and other
affected agricultural products and crops.
[(3) Prickly pear research and extension.--Research
and extension grants may be made under this section for
the purpose of investigating enhanced genetic selection
and processing techniques of prickly pears.
[(4) Deer tick ecology research and extension.--
Research and extension grants may be made under this
section for the purpose of studying the population
ecology of deer ticks and other insects and pests that
transmit Lyme disease.
[(5) Peanut market enhancement research and
extension.--Research and extension grants may be made
under this section for the purpose of evaluating the
economics of applying innovative technologies for
peanut processing in a commercial environment.
[(6) Dairy financial risk management research and
extension.--Research and extension grants may be made
under this section for the purpose of providing
research, development, or education materials,
information, and outreach programs regarding risk
management strategies for dairy producers and for dairy
cooperatives and other processors and marketers of
milk.
[(7) Cotton research and extension.--Research and
extension grants may be made under this section for the
purpose of improving pest management, fiber quality
enhancement, economic assessment, textile production,
and optimized production systems for short staple
cotton.
[(8) Methyl bromide research and extension.--Research
and extension grants may be made under this section for
the purpose of--
[(A) developing and evaluating chemical and
nonchemical alternatives, and use and emission
reduction strategies, for pre-planting and
post-harvest uses of methyl bromide; and
[(B) transferring the results of the research
for use by agricultural producers.
[(9) Potato research and extension.--Research and
extension grants may be made under this section for the
purpose of developing and evaluating new strains of
potatoes that are resistant to blight and other
diseases, as well as insects. Emphasis may be placed on
developing potato varieties that lend themselves to
innovative marketing approaches.
[(10) Wood use research and extension.--Research and
extension grants may be made under this section for the
purpose of developing new uses for wood from underused
tree species as well as investigating methods of
modifying wood and wood fibers to produce better
building materials.
[(11) Wetlands use research and extension.--Research
and extension grants may be made under this section for
the purpose of better use of wetlands in diverse ways
to provide various economic, agricultural, and
environmental benefits.
[(12) Food safety, including pathogen detection and
limitation, research and extension.--Research and
extension grants may be made under this section for the
purpose of increasing food safety, including the
identification of advanced detection and processing
methods to limit the presence of pathogens (including
hepatitis A and E. coli 0157:H7) in domestic and
imported foods.
[(13) Financial risk management research and
extension.--Research and extension grants may be made
under this section for the purpose of providing
research, development, or education materials,
information, and outreach programs regarding financial
risk management strategies for agricultural producers
and for cooperatives and other processors and marketers
of any agricultural commodity.
[(14) Ornamental tropical fish research and
extension.--Research and extension grants may be made
under this section for the purpose of meeting the needs
of commercial producers of ornamental tropical fish and
aquatic plants for improvements in the areas of fish
reproduction, health, nutrition, predator control,
water use, water quality control, and farming
technology.
[(15) Gypsy moth research and extension.--Research
and extension grants may be made under this section for
the purpose of developing biological control,
management, and eradication methods against nonnative
insects, including Lymantria dispar (commonly known as
the ``gypsy moth''), that contribute to significant
agricultural, economic, or environmental harm.
[(16) Tomato spotted wilt virus research and
extension.--Research and extension grants may be made
under this section for the purpose of control,
management, and eradication of tomato spotted wilt
virus.
[(17) Genetically modified agriculture products
(gmap) research.--Research grants may be made under
this section for the purposes of providing unbiased,
science-based evaluation of the risks and benefits to
the public and the environment of specific genetically
modified plant and animal products. Grants may be used
to form interdisciplinary teams to review and conduct
research on scientific, social, economic, and ethical
issues during the review process, to answer questions
raised by the release of new genetically modified
agriculture products, to conduct fundamental studies on
the health and environmental safety of genetically
modified agriculture products (including quantitative
risk assessment, the effect of specific genetically
modified agriculture products on human health, and gene
flow studies), to communicate the risk of genetically
modified agriculture products through extension and
education programs, and to engage the public and
industry in relevant issues.
[(18) 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.
[(19) 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.
[(20) 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.
[(21) 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 of agrotourism.
[(22) 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.
[(23) 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.
[(24) 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.
[(25) Plant gene expression.--Research 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.
[(26) Animal infectious diseases research.--Research
and extension grants may be made under this section for
the purpose of developing prevention and control
methodologies for animal infectious diseases (including
evaluation under field conditions in countries in which
an animal disease occurs) such as laboratory tests for
quicker detection of infected animals and presence of
disease, prevention strategies (including vaccination
programs), and rapid diagnostic techniques for animal
disease agents considered to be risks for agricultural
bioterrorism attack.
[(27) Program to combat childhood obesity.--Research
and extension grants may be made under this section to
institutions of higher education with demonstrated
capacity in basic and clinical obesity research,
nutrition research, and community health education
research to develop and evaluate community-wide
strategies that catalyze partnerships between families
and health care, education, recreation, mass media, and
other community resources to reduce the incidence of
childhood obesity.
[(28) Integrated pest management.--Research and
extension grants may be made under this section to
coordinate and improve research, education, and
outreach on, and implementation on farms of, integrated
pest management.
[(29) Sugarcane genetics.--Research grants may be
made under this section for the purpose of maintaining
acceptable yields under reduced production inputs,
implementing marker-assisted breeding strategies and
other basic plant genomic technologies to screen for
improved plant resistance to diseases, weeds, and
insects toward minimizing pesticide use, enhancing
food, fiber and energy production, and developing
varieties for maximum performance under prevailing
conditions, including management for improved soil and
water conservation.
[(30) Air emissions from livestock operations.--
Research and extension grants may be made under this
section for the purpose of conducting field
verification tests and developing mitigation options
for air emissions from animal feeding operations.
[(31) Swine genome project.--Research grants may be
made under this section to conduct swine genome
research, including the mapping of the swine genome.
[(32) Cattle fever tick program.--Research and
extension grants may be made under this section to
study cattle fever ticks to facilitate understanding of
the role of wildlife in the persistence and spread of
cattle fever ticks, to develop advanced methods for
eradication of cattle fever ticks, and to improve
management of diseases relating to cattle fever ticks
that are associated with wildlife, livestock, and human
health.
[(33) Synthetic gypsum.--Research and extension
grants may be made under this section to study the uses
of synthetic gypsum from electric power plants to
remediate soil and nutrient losses.
[(34) Cranberry research program.--Research and
extension grants may be made under this section to
study new technologies to assist cranberry growers in
complying with Federal and State environmental
regulations, increase production, develop new growing
techniques, establish more efficient growing
methodologies, and educate cranberry producers about
sustainable growth practices.
[(35) Sorghum research initiative.--Research and
extension grants may be made under this section to
study the use of sorghum as a bioenergy feedstock,
promote diversification in, and the environmental
benefits of sorghum production, and promote water
conservation through the use of sorghum.
[(36) Marine shrimp farming program.--Research and
extension grants may be made under this section to
establish a research program to advance and maintain a
domestic shrimp farming industry in the United States.
[(37) Turfgrass research initiative.--Research and
extension grants may be made under this section to
study the production of turfgrass (including the use of
water, fertilizer, pesticides, fossil fuels, and
machinery for turf establishment and maintenance) and
environmental protection and enhancement relating to
turfgrass production.
[(38) Agricultural worker safety research
initiative.--Research and extension grants may be made
under this section--
[(A) to study and demonstrate methods to
minimize exposure of farm and ranch owners and
operators, pesticide handlers, and agricultural
workers to pesticides, including research
addressing the unique concerns of farm workers
resulting from long-term exposure to
pesticides; and
[(B) to develop rapid tests for on-farm use
to better inform and educate farmers, ranchers,
and farm and ranch workers regarding safe field
re-entry intervals.
[(39) High plains aquifer region.--Research and
extension grants may be made under this section to
carry out interdisciplinary research relating to
diminishing water levels and increased demand for water
in the High Plains aquifer region.
[(40) Deer initiative.--Research and extension grants
may be made under this section to support collaborative
research focusing on the development of viable
strategies for the prevention, diagnosis, and treatment
of infectious, parasitic, and toxic diseases of farmed
deer and the mapping of the deer genome.
[(41) Pasture-based beef systems research
initiative.--Research and extension grants may be made
under this section to study the development of forage
sequences and combinations for cow-calf, heifer
development, stocker, and finishing systems, to deliver
optimal nutritive value for efficient production of
cattle for pasture finishing, to optimize forage
systems to improve marketability of pasture-finished
beef, and to assess the effect of forage quality on
reproductive fitness.
[(42) Agricultural practices relating to climate
change.--Research and extension grants may be made
under this section for field and laboratory studies
that examine the ecosystem from gross to minute scales
and for projects that explore the relationship of
agricultural practices to climate change.
[(43) Brucellosis control and eradication.--Research
and extension grants may be made under this section to
conduct research relating to the development of
vaccines and vaccine delivery systems to effectively
control and eliminate brucellosis in wildlife, and to
assist with the controlling of the spread of
brucellosis from wildlife to domestic animals.
[(44) Bighorn and domestic sheep disease
mechanisms.--Research and extension grants may be made
under this section to conduct research relating to the
health status of (including the presence of infectious
diseases in) bighorn and domestic sheep under range
conditions.
[(45) Agricultural development in the american-
pacific region.--Research and extension grants may be
made under this section to support food and
agricultural science at a consortium of land-grant
institutions in the American-Pacific region.
[(46) Tropical and subtropical agricultural
research.--Research grants may be made under this
section, in equal dollar amounts to the Caribbean and
Pacific Basins, to support tropical and subtropical
agricultural research, including pest and disease
research, at the land-grant institutions in the
Caribbean and Pacific regions.
[(47) Viral hemorrhagic septicemia.--Research and
extension grants may be made under this section to
study--
[(A) the effects of viral hemorrhagic
septicemia (referred to in this paragraph as
``VHS'') on freshwater fish throughout the
natural and expanding range of VHS; and
[(B) methods for transmission and human-
mediated transport of VHS among waterbodies.
[(48) Farm and ranch safety.--Research and extension
grants may be made under this section to carry out
projects to decrease the incidence of injury and death
on farms and ranches, including--
[(A) on-site farm or ranch safety reviews;
[(B) outreach and dissemination of farm
safety research and interventions to
agricultural employers, employees, youth, farm
and ranch families, seasonal workers, or other
individuals; and
[(C) agricultural safety education and
training.
[(49) Women and minorities in stem fields.--Research
and extension grants may be made under this section to
increase participation by women and underrepresented
minorities from rural areas in the fields of science,
technology, engineering, and mathematics, with priority
given to eligible institutions that carry out
continuing programs funded by the Secretary.
[(50) Alfalfa and forage research program.--Research
and extension grants may be made under this section for
the purpose of studying improvements in alfalfa and
forage yields, biomass and persistence, pest pressures,
the bioenergy potential of alfalfa and other forages,
and systems to reduce losses during harvest and
storage.
[(51) Food systems veterinary medicine.--Research
grants may be made under this section to address health
issues that affect food-producing animals, food safety,
and the environment, and to improve information
resources, curriculum, and clinical education of
students with respect to food animal veterinary
medicine and food safety.
[(52) Biochar research.--Grants may be made under
this section for research, extension, and integrated
activities relating to the study of biochar production
and use, including considerations of agronomic and
economic impacts, synergies of coproduction with
bioenergy, and the value of soil enhancements and soil
carbon sequestration.
[(f) Imported Fire Ant Control, Management, and
Eradication.--
[(1) Task force.--The Secretary shall establish a
task force pursuant to subsection (b)(2) regarding the
control, management, and eradication of imported fire
ants. The Secretary shall solicit and evaluate grant
proposals under this subsection in consultation with
the task force.
[(2) Initial grants.--
[(A) Request for proposals.--The Secretary
shall publish a request for proposals for
grants for research or demonstration projects
related to the control, management, and
possible eradication of imported fire ants.
[(B) Selection.--Not later than 1 year after
the date of publication of the request for
proposals, the Secretary shall evaluate the
grant proposals submitted in response to the
request and may select meritorious research or
demonstration projects related to the control,
management, and possible eradication of
imported fire ants to receive an initial grant
under this subsection.
[(3) Subsequent grants.--
[(A) Evaluation of initial grants.--If the
Secretary awards grants under paragraph (2)(B),
the Secretary shall evaluate all of the
research or demonstration projects conducted
under the grants for their use as the basis of
a national plan for the control, management,
and possible eradication of imported fire ants
by the Federal Government, State and local
governments, and owners and operators of land.
[(B) Selection.--On the basis of the
evaluation under subparagraph (A), the
Secretary may select the projects that the
Secretary considers most promising for
additional research or demonstration related to
preparation of a national plan for the control,
management, and possible eradication of
imported fire ants. The Secretary shall notify
the task force of the projects selected under
this subparagraph.
[(4) Selection and submission of national plan.--
[(A) Evaluation of subsequent grants.--If the
Secretary awards grants under paragraph (3)(B),
the Secretary shall evaluate all of the
research or demonstration projects conducted
under the grants for use as the basis of a
national plan for the control, management, and
possible eradication of imported fire ants by
the Federal Government, State and local
governments, and owners and operators of land.
[(B) Selection.--On the basis of the
evaluation under subparagraph (A), the
Secretary shall select 1 project funded under
paragraph (3)(B), or a combination of those
projects, for award of a grant for final
preparation of the national plan.
[(C) Submission.--The Secretary shall submit
to Congress the final national plan prepared
under subparagraph (B) for the control,
management, and possible eradication of
imported fire ants.]
[(g)] (e) Formosan Termite, Bed Bugs, and Other Pests
Research and Eradication.--
(1) Research program.--The Secretary may make
competitive research grants under this subsection to
regional and multijurisdictional entities, local
government planning organizations, and local
governments for the purpose of conducting research for
the control, management, and possible eradication of
Formosan termites, bed bugs, and other pests, including
pests that the Secretary determines are a risk to
public health in the United States.
(2) Eradication program.--The Secretary may enter
into cooperative agreements with regional and
multijurisdictional entities, local government planning
organizations, and local governments for the purposes
of--
(A) conducting projects for the control,
management, and possible eradication of
Formosan termites, bed bugs, and other pests,
including pests that the Secretary determines
are a risk to public health in the United
States; and
* * * * * * *
(3) Funding priority.--In allocating funds made
available to carry out paragraph (2), the Secretary
shall provide a higher priority for regions or
locations with the highest historical rates of
infestation of Formosan termites, bed bugs, and other
pests, including pests that the Secretary determines
are a risk to public health.
* * * * * * *
[(h)] (f) Pollinator Protection.--
(1) Research and extension.--
(A) * * *
(B) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this paragraph $10,000,000 for each of fiscal
years 2008 through [2012] 2017.
(2) Department of agriculture capacity and
infrastructure.--
(A) * * *
(B) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this paragraph $7,250,000 for each of fiscal
years 2008 through [2012] 2017.
(3) Honey bee pest and pathogen surveillance.--There
is authorized to be appropriated to conduct a
nationwide honey bee pest and pathogen surveillance
program $2,750,000 for each of fiscal years 2008
through [2012] 2017.
(4) Annual report on response to honey bee colony
collapse disorder.--The Secretary shall submit to the
Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate an annual report
describing the progress made by the Department of
Agriculture in--
(A) investigating the cause or causes of
honey bee colony collapse and honey bee health
disorders; and
(B) finding appropriate strategies, including
best management practices to reduce colony
loss.
[(i) Regional Centers of Excellence.--
[(1) Esptablishment.--The Secretary shall prioritize
regional centers of excellence established for specific
agricultural commodities for the receipt of funding
under this section.
[(2) Composition.--A regional center of excellence
shall be composed of 1 or more colleges and
universities (including land-grant institutions,
schools of forestry, schools of veterinary medicine, or
NLGCA Institutions (as defined in section 1404 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103))) that provide
financial support to the regional center of excellence.
[(3) Criteria for regional centers of excellence.--
The criteria for consideration to be a regional center
of excellence shall include efforts--
[(A) to ensure coordination and cost-
effectiveness by reducing unnecessarily
duplicative efforts regarding research,
teaching, and extension;
[(B) to leverage available resources by using
public/private partnerships among agricultural
industry groups, institutions of higher
education, and the Federal Government;
[(C) to implement teaching initiatives to
increase awareness and effectively disseminate
solutions to target audiences through extension
activities;
[(D) to increase the economic returns to
rural communities by identifying, attracting,
and directing funds to high-priority
agricultural issues; and
[(E) to improve teaching capacity and
infrastructure at colleges and universities
(including land-grant institutions, schools of
forestry, and schools of veterinary medicine).]
(g) Bed Bug Control.--
(1) Authorization and use of grants.--The Secretary,
in consultation with a task force appointed under
subsection (b)(2), shall award grants under this
subsection for purposes of--
(A) developing more efficacious methods of
detecting, preventing, and managing bed bugs;
and
(B) conducting basic and applied bed bug
biology research.
(2) Grants.--
(A) Requests for proposals.--The Secretary
shall, not later than 180 days after the date
of the enactment of this subsection and in
consultation with the task force, publish a
request for openly competitive grant proposals
for research projects for the purposes
described in paragraph (1).
(B) Award of grants.--Not later than 180 days
after the date of such publication, the
Secretary shall--
(i) evaluate the grant proposals
referred to in subparagraph (A) in
consultation with the task force; and
(ii) award grants to entities that
submitted grant proposals for research
projects the Secretary determines are
meritorious for the purposes described
in paragraph (1).
(C) Notification requirement.--The Secretary
shall notify the task force of any award made
under subparagraph (B) not later than 30 days
after awarding such grant.
(3) Consultation and coordination.--To expedite the
approval or registration under section 3, section 18,
or section 24 of the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. 136a, 136p, and 136v) of the
methods identified or discovered through research
projects funded under this subsection, the Secretary
shall consult and coordinate with the Administrator of
the Environmental Protection Agency regarding--
(A) the awarding of grants under this
subsection; and
(B) the evaluation of the results of such
research projects.
[(j)] (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
[2012] 2017.
[SEC. 1672A. NUTRIENT MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.
[(a) Competitive Research and Extension Grants Authorized.--
The Secretary of Agriculture (referred to in this section as
the ``Secretary'') may make competitive grants to support
research and extension activities specified in subsection (e).
The Secretary shall make the grants in consultation with the
National Agricultural Research, Extension, Education, and
Economics Advisory Board.
[(b) Administration.--
[(1) In general.--Paragraphs (4), (7), (8), and
(11)(B) of subsection (b) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 450i) shall
apply with respect to the making of grants under this
section.
[(2) Use of task forces.--To facilitate the making of
research and extension grants under this section in the
research and extension areas specified in subsection
(e), the Secretary may appoint a task force for each
such area to make recommendations to the Secretary. The
Secretary may not incur costs in excess of $1,000 for
any fiscal year in connection with each task force
established under this paragraph.
[(c) Matching Funds Required.--
[(1) In general.--The Secretary shall require the
recipient of a grant under this section to provide
funds or in-kind support from non-Federal sources in an
amount at least equal to the amount provided by the
Federal Government.
[(2) Waiver authority.--The Secretary may waive the
matching funds requirement specified in paragraph (1)
with respect to a research project if the Secretary
determines that--
[(A) the results of the project, while of
particular benefit to a specific agricultural
commodity, are likely to be applicable to
agricultural commodities generally; or
[(B) the project involves a minor commodity,
the project deals with scientifically important
research, and the grant recipient is unable to
satisfy the matching funds requirement.
[(d) Priority.--Following the completion of a peer review
process for grant proposals received under this section, the
Secretary shall give priority to those grant proposals that
involve--
[(1) the cooperation of multiple entities; and
[(2) States or regions with a high concentration of
livestock, dairy, or poultry operations.
[(e) Nutrient Management Research and Extension Areas.--
[(1) Animal waste and odor management.--Research and
extension grants may be made under this section for the
purpose of--
[(A) identifying, evaluating, and
demonstrating innovative technologies for
animal waste management and related air quality
management and odor control;
[(B) investigating the unique microbiology of
specific animal wastes, such as swine waste and
dairy and beef cattle waste, to develop
improved methods to effectively manage air and
water quality; and
[(C) conducting information workshops to
disseminate the results of the research.
[(2) Water quality and aquatic ecosystems.--Research
and extension grants may be made under this section for
the purpose of investigating the impact on aquatic food
webs, especially commercially important aquatic species
and their habitats, of microorganisms of the genus
Pfiesteria and other microorganisms that are a threat
to human or animal health.
[(3) Rural and urban interface.--Research and
extension grants may be made under this section for the
purpose of identifying, evaluating, and demonstrating
innovative technologies to be used for animal waste
management (including odor control) in rural areas
adjacent to urban or suburban areas in connection with
waste management activities undertaken in urban or
suburban areas.
[(4) Animal feed.--Research and extension grants may
be made under this section for the purpose of
maximizing nutrition management for livestock, while
limiting risks, such as mineral bypass, associated with
livestock feeding practices.
[(5) Alternative uses and renewable energy.--Research
and extension grants may be made under this section for
the purpose of finding innovative methods and
technologies to allow agricultural operators to make
use of animal waste, such as use as fertilizer, methane
digestion, composting, and other useful byproducts.
[(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 2012.]
SEC. 1672B. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
(a) * * *
* * * * * * *
[(e) Funding.--On October 1, 2003, and each October 1
thereafter through October 1, 2007, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer $3,000,000 to the Secretary of
Agriculture for this section.]
(e) Farm Business Management Encouraged.--Following the
completion of a peer review process for grant proposals
received under this section, the Secretary shall provide a
priority to grant proposals found in the review process to be
scientifically meritorious using the same criteria the
Secretary uses to give priority to grants under section
1672D(b).
(f) Funding.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to
carry out this section--
(A) $18,000,000 for fiscal year 2009; [and]
(B) $20,000,000 for each of fiscal years 2010
through 2012[.]; and
(C) $16,000,000 for each of fiscal years 2013
through 2017.
(2) Additional funding.--In addition to amounts made
available under paragraph (1), there is authorized to
be appropriated to carry out this section $25,000,000
for each of fiscal years 2009 through [2012] 2017.
[SEC. 1672C. AGRICULTURAL BIOENERGY FEEDSTOCK AND ENERGY EFFICIENCY
RESEARCH AND EXTENSION INITIATIVE.
[(a) Establishment and Purpose.--There is established within
the Department of Agriculture an agricultural bioenergy
feedstock and energy efficiency research and extension
initiative (referred to in this section as the ``Initiative'')
for the purpose of enhancing the production of biomass energy
crops and the energy efficiency of agricultural operations.
[(b) Competitive Research and Extension Grants Authorized.--
In carrying out this section, the Secretary shall make
competitive grants to support research and extension activities
specified in subsections (c) and (d).
[(c) Agricultural Bioenergy Feedstock Research and Extension
Areas.--
[(1) In general.--Agricultural bioenergy feedstock
research and extension activities funded under the
Initiative shall focus on improving agricultural
biomass production, biomass conversion in
biorefineries, and biomass use by--
[(A) supporting on-farm research on crop
species, nutrient requirements, management
practices, environmental impacts, and
economics;
[(B) supporting the development and operation
of on-farm, integrated biomass feedstock
production systems;
[(C) leveraging the broad scientific
capabilities of the Department of Agriculture
and other entities in--
[(i) plant genetics and breeding;
[(ii) crop production;
[(iii) soil and water science;
[(iv) use of agricultural waste; and
[(v) carbohydrate, lipid, protein,
and lignin chemistry, enzyme
development, and biochemistry; and
[(D) supporting the dissemination of any of
the research conducted under this subsection
that will assist in achieving the goals of this
section.
[(2) Selection criteria.--In selecting grant
recipients for projects under paragraph (1), the
Secretary shall consider--
[(A) the capabilities and experiences of the
applicant, including--
[(i) research in actual field
conditions; and
[(ii) engineering and research
knowledge relating to biofuels or the
production of inputs for biofuel
production;
[(B) the range of species types and cropping
practices proposed for study (including species
types and practices studied using side-by-side
comparisons of those types and practices);
[(C) the need for regional diversity among
feedstocks;
[(D) the importance of developing multiyear
data relevant to the production of biomass
feedstock crops;
[(E) the extent to which the project involves
direct participation of agricultural producers;
[(F) the extent to which the project proposal
includes a plan or commitment to use the
biomass produced as part of the project in
commercial channels; and
[(G) such other factors as the Secretary may
determine.
[(d) Energy-Efficiency Research and Extension Areas.--On-farm
energy-efficiency research and extension activities funded
under the Initiative shall focus on developing and
demonstrating technologies and production practices relating
to--
[(1) improving on-farm renewable energy production;
[(2) encouraging efficient on-farm energy use;
[(3) promoting on-farm energy conservation;
[(4) making a farm or ranch energy-neutral; and
[(5) enhancing on-farm usage of advanced technologies
to promote energy efficiency.
[(e) Best Practices Database.--The Secretary shall develop a
best-practices database that includes information, to be
available to the public, on--
[(1) the production potential of a variety of biomass
crops; and
[(2) best practices for production, collection,
harvesting, storage, and transportation of biomass
crops to be used as a source of bioenergy.
[(f) Administration.--
[(1) In general.--Paragraphs (4), (7), (8), and
(11)(B) of subsection (b) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 450i(b))
shall apply with respect to making grants under this
section.
[(2) Consultation and coordination.--The Secretary
shall--
[(A) make the grants in consultation with the
National Agricultural Research, Extension,
Education, and Economics Advisory Board; and
[(B) coordinate projects and activities
carried out under the Initiative with projects
and activities under section 9008 of the Farm
Security and Rural Investment Act of 2002 to
ensure, to the maximum extent practicable,
that--
[(i) unnecessary duplication of
effort is eliminated or minimized; and
[(ii) the respective strengths of the
Department of Agriculture and the
Department of Energy are appropriately
used.
[(3) Grant priority.--The Secretary shall give
priority to grant applications that integrate research
and extension activities established under subsections
(c) and (d), respectively.
[(4) Matching funds required.--As a condition of
receiving a grant under this section, the Secretary
shall require the recipient of the grant to provide
funds or in-kind support from non-Federal sources in an
amount that is at least equal to the amount provided by
the Federal Government.
[(5) Partnerships encouraged.--Following the
completion of a peer review process for grant proposals
received under this section, the Secretary may provide
a priority to those grant proposals found as a result
of the peer review process--
[(A) to be scientifically meritorious; and
[(B) that involve cooperation--
[(i) among multiple entities; and
[(ii) with agricultural producers.
[(g) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $50,000,000 for each
of fiscal years 2008 through 2012.]
SEC. 1672D. FARM BUSINESS MANAGEMENT.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--There are authorized to
be appropriated [such sums as are necessary to carry out this
section.] to carry out this section--
(1) such sums as are necessary for fiscal year 2012;
and
(2) $5,000,000 for each of fiscal years 2013 through
2017.
SEC. 1673. REGIONAL CENTERS OF EXCELLENCE.
(a) Funding Priorities.--The Secretary shall prioritize
regional centers of excellence established for specific
agricultural commodities for the receipt of funding for any
competitive research or extension program administered by the
Secretary.
(b) Composition.--A regional center of excellence is composed
of 1 or more of the eligible entities specified in section
2(b)(7) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i(b)(7)).
(c) Criteria for Regional Centers of Excellence.--The
criteria for consideration to be recognized as a regional
center of excellence shall include efforts--
(1) to ensure coordination and cost effectiveness by
reducing unnecessarily duplicative efforts regarding
research, teaching, and extension;
(2) to leverage available resources by using public/
private partnerships among agricultural industry
groups, institutions of higher education, and the
Federal Government;
(3) to implement teaching initiatives to increase
awareness and effectively disseminate solutions to
target audiences through extension activities;
(4) to increase the economic returns to rural
communities by identifying, attracting, and directing
funds to high-priority agricultural issues; and
(5) to improve teaching capacity and infrastructure
at colleges and universities (including land-grant
institutions, schools of forestry, schools of
veterinary medicine, and NLGCA Institutions).
* * * * * * *
[SEC. 1676. RED MEAT SAFETY RESEARCH CENTER.
[(a) Establishment of Center.--The Secretary of Agriculture
shall award a grant, on a competitive basis, to a research
facility described in subsection (b) to establish a red meat
safety research center.
[(b) Eligible Research Facility Described.--A research
facility eligible for a grant under subsection (a) is a
research facility that--
[(1) is part of a land-grant college or university,
or other federally supported agricultural research
facility, located in close proximity to a livestock
slaughter and processing facility; and
[(2) is staffed by professionals with a wide
diversity of scientific expertise covering all aspects
of meat science.
[(c) Research Conducted.--The red meat safety research center
established under subsection (a) shall carry out research
related to general food safety, including--an
[(1) the development of intervention strategies that
reduce microbiological contamination of carcass
surfaces;
[(2) research regarding microbiological mapping of
carcass surfaces; and
[(3) the development of model hazard analysis and
critical control point plans.
[(d) Administration of Funds.--The Secretary of Agriculture
shall administer funds appropriated to carry out this section.
[(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary for fiscal year
1997 to carry out this section.]
* * * * * * *
SEC. 1680. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there [is]
are authorized to be appropriated to carry out this
[section $6,000,000 for each of fiscal years 1999
through 2012.] section--
(A) $6,000,000 for each of fiscal years 1999
through 2012; and
(B) $3,000,000 for each of fiscal years 2013
through 2017.
* * * * * * *
TITLE XXIII--RURAL DEVELOPMENT
* * * * * * *
Subtitle D--Enhancing Human Resources
* * * * * * *
SEC. 2335A. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
chapter [$100,000,000 for each of fiscal years 2008 through
2012] $65,000,000 for each of fiscal years 2013 through 2017.
* * * * * * *
Subtitle G--Rural Revitalization Through Forestry
Chapter 1--Forestry Rural Revitalization
SEC. 2371. FORESTRY RURAL REVITALIZATION.
(a) * * *
* * * * * * *
(d) Rural Revitalization Technologies.--
(1) * * *
(2) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $5,000,000 for each of fiscal years 2008
through [2012] 2017.
* * * * * * *
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 [2012] 2017.
* * * * * * *
TITLE XXV--OTHER RELATED PROVISIONS
SEC. 2501. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS
AND RANCHERS AND VETERAN FARMERS AND RANCHERS.
(a) Outreach and Assistance.--
(1) Program.--The Secretary of Agriculture shall
carry out an outreach and technical assistance program
to encourage and assist socially disadvantaged farmers
and ranchers and veteran farmers or ranchers--
(A) * * *
* * * * * * *
(2) Requirements.--The outreach and technical
assistance program under paragraph (1) shall be used
exclusively--
(A) * * *
(B) to assist the Secretary in--
(i) reaching current and prospective
socially disadvantaged farmers or
ranchers and veteran farmers or
ranchers in a linguistically
appropriate manner; and
* * * * * * *
(4) Funding.--
(A) In general.--Of the funds of the
Commodity Credit Corporation, the Secretary
shall make available to carry out this
section--
(i) $15,000,000 for fiscal year 2009;
[and]
(ii) $20,000,000 for each of fiscal
years 2010 through 2012[.]; and
(iii) $10,000,000 for each of fiscal
years 2013 through 2017.
* * * * * * *
(D) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this section $20,000,000 for each of fiscal
years 2013 through 2017.
(b) Designation of Federal Personnel.--
(1) * * *
(2) Additional personnel.--In counties or regions in
which the number of socially disadvantaged farmers and
ranchers or veteran farmers and ranchers exceeds 25
percent of the total number of farmers and ranchers in
the county or region, the Secretary shall designate
additional personnel to implement the policies and
programs established or modified in accordance with
this section.
(c) Report to Congress.--
(1) In general.--Not later than September 30, 1992,
and every two years thereafter, the Secretary shall
report to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate, regarding--
(A) the efforts of the Secretary to enhance
participation by veteran farmers or ranchers
and members of socially disadvantaged groups in
agricultural programs;
* * * * * * *
(2) Contents.--In addition to the information
specified in paragraph (1), the report required by
paragraph (1) shall include--
(A) a comparison of the participation goals
and the actual participation rates of veteran
farmers or ranchers and members of socially
disadvantaged groups in each agricultural
program;
* * * * * * *
(e) Definitions.--
(1) * * *
* * * * * * *
(5) Eligible entity.--The term ``eligible entity''
means any of the following:
(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 and veteran farmers or
ranchers;
(ii) has provided to the Secretary
documentary evidence of work with, and
on behalf of, socially disadvantaged
farmers or ranchers and veteran farmers
or ranchers during the 3-year period
preceding the submission of an
application for assistance under
subsection (a); and
* * * * * * *
(7) Veteran farmer or rancher.--The term ``veteran
farmer or rancher'' means a farmer or rancher who
served in the active military, naval, or air service,
and who was discharged or released from the service
under conditions other than dishonorable.
* * * * * * *
----------
FARM SECURITY AND RURAL INVESTMENT ACT OF 2002
* * * * * * *
TITLE III--TRADE
* * * * * * *
Subtitle B--Agricultural Trade Act of 1978
* * * * * * *
SEC. 3107. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM.
(a) * * *
* * * * * * *
(d) General Authorities.--The Secretary shall [to]--
(1) * * *
* * * * * * *
(l) Funding.--
(1) * * *
(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this section for each of fiscal
years 2008 through [2012] 2017.
* * * * * * *
Subtitle C--Miscellaneous
* * * * * * *
SEC. 3205. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
(a) * * *
(b) Purpose.--The program shall provide direct assistance
through public and private sector projects and technical
assistance to remove, resolve, or mitigate sanitary and
phytosanitary and [related barriers to trade] technical
barriers to trade.
* * * * * * *
(e) Funding.--
(1) * * *
(2) Funding amounts.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry
out this section--
(A) * * *
* * * * * * *
(C) $8,000,000 for fiscal year 2010; and
[(D) $9,000,000 for fiscal year 2011; and
[(E) $9,000,000 for fiscal year 2012.]
(D) $9,000,000 for each of fiscal years 2011
through 2017.
TITLE IV--NUTRITION PROGRAMS
* * * * * * *
Subtitle D--Miscellaneous
* * * * * * *
SEC. 4402. [SENIORS] FARMERS' MARKET NUTRITION PROGRAM
[(a) Establishment.--The Secretary of Agriculture shall use
$5,000,000 for fiscal year 2002, and $15,000,000 for each of
fiscal years 2003 through 2007, of the funds available to the
Commodity Credit Corporation to carry out and expand a seniors
farmers' market nutrition program.]
(a) Funding.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall use to
carry out and expand the farmers market nutrition
program $20,600,000 for each of fiscal years 2013
through 2017.
(2) Additional funding.--There is authorized to be
appropriated such sums as are necessary to carry out
this subsection for each of fiscal years 2013 through
2017.
(b) Program Purposes.--The purposes of the [seniors] farmers'
market nutrition program are--
(1) to provide resources in the form of fresh,
nutritious, unprepared, locally grown fruits,
vegetables, and herbs from farmers' markets, roadside
stands, and community supported agriculture programs to
low-income seniors, and low-income families who are
determined to be at nutritional risk;
* * * * * * *
(c) State Grants and Other Assistance.--The Secretary shall
carry out the Program through grants and other assistance
provided in accordance with agreements made with States, for
implementation through State agencies and local agencies, that
include provisions--
(1) for the issuance of coupons or vouchers to
participating individuals;
(2) establishing an appropriate annual percentage
limitation on the use of funds for administrative
costs; and
(3) specifying other terms and conditions as the
Secretary deems appropriate to encourage expanding the
participation of small scale farmers in Federal
nutrition programs.
[(c)] (d) Exclusion of benefits in determining eligibility
for other programs.--The value of any benefit provided to any
eligible [seniors] farmers' market nutrition program recipient
under this section shall not be considered to be income or
resources for any purposes under any Federal, State, or local
law.
[(d)] (e) Prohibition on collection of sales tax.--Each State
shall ensure that no State or local tax is collected within the
State on a purchase of food with a benefit distributed under
the [seniors] farmers' market nutrition program.
[(e)] (f) Regulations.--The Secretary may issue such
regulations as the Secretary considers necessary to carry out
the [seniors] farmers' market nutrition program.
[(f)] (g) Federal Law Not Applicable.--Section 920 of the
Electronic Fund Transfer Act shall not apply to electronic
benefit transfer systems established under this section.
[SEC. 4403. NUTRITION INFORMATION AND AWARENESS PILOT PROGRAM.
[(a) Establishment.--The Secretary of Agriculture may
establish, in not more than 5 States, for a period not to
exceed 4 years for each participating State, a pilot program to
increase the domestic consumption of fresh fruits and
vegetables.
[(b) Purpose.--
[(1) In general.--Subject to paragraph (2), the
purpose of the program shall be to provide funds to
States solely for the purpose of assisting eligible
public and private sector entities with cost-share
assistance to carry out demonstration projects--
[(A) to increase fruit and vegetable
consumption; and
[(B) to convey related health promotion
messages.
[(2) Limitation.--Funds made available to a State
under the program shall not be used to disparage any
agricultural commodity.
[(c) Selection of States.--
[(1) In general.--In selecting States to participate
in the program, the Secretary shall take into
consideration, with respect to projects and activities
proposed to be carried out under the program--
[(A) experience in carrying out similar
projects or activities;
[(B) innovative approaches; and
[(C) the ability of the State to promote and
track increases in levels of fruit and
vegetable consumption.
[(2) Enhancement of existing state programs.--The
Secretary may use the pilot program to enhance existing
State programs that are consistent with the purpose of
the pilot program specified in subsection (b).
[(d) Eligible Public and Private Sector Entities.--
[(1) In general.--A participating State shall
establish eligibility criteria under which the State
may select public and private sector entities to carry
out demonstration projects under the program.
[(2) Limitation.--No funds made available to States
under the program shall be provided by a State to any
foreign for-profit corporation.
[(e) Federal Share.--The Federal share of the cost of any
project or activity carried out using funds provided under this
section shall be 50 percent.
[(f) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $10,000,000 for each
of fiscal years 2002 through 2007.]
* * * * * * *
TITLE VI--RURAL DEVELOPMENT
* * * * * * *
Subtitle E--Miscellaneous
SEC. 6402. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
(a) * * *
* * * * * * *
(i) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
[$6,000,000 for each of fiscal years 2008 through 2012]
$1,000,000 for each of fiscal years 2013 through 2017.
* * * * * * *
TITLE VII--RESEARCH AND RELATED MATTERS
* * * * * * *
Subtitle D--New Authorities
* * * * * * *
SEC. 7405. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM.
(a) * * *
* * * * * * *
(c) Grants.--
(1) In general.--In carrying out this section, the
Secretary shall make competitive grants to support new
and established local and regional training, education,
outreach, and technical assistance initiatives for
beginning farmers or ranchers, including programs and
services (as appropriate) relating to--
[(A) mentoring, apprenticeships, and
internships;
[(B) resources and referral;
[(C) assisting beginning farmers or ranchers
in acquiring land from retiring farmers and
ranchers;
[(D) innovative farm and ranch transfer
strategies;
[(E) entrepreneurship and business training;
[(F) model land leasing contracts;
[(G) financial management training;
[(H) whole farm planning;
[(I) conservation assistance;
[(J) risk management education;
[(K) diversification and marketing
strategies;
[(L) curriculum development;
[(M) understanding the impact of
concentration and globalization;
[(N) basic livestock and crop farming
practices;
[(O) the acquisition and management of
agricultural credit;
[(P) environmental compliance;
[(Q) information processing; and
[(R) other similar subject areas of use to
beginning farmers or ranchers.]
(A) basic livestock, forest management, and
crop farming practices;
(B) innovative farm, ranch, and private,
nonindustrial forest land transfer strategies;
(C) entrepreneurship and business training;
(D) financial and risk management training
(including the acquisition and management of
agricultural credit);
(E) natural resource management and planning;
(F) diversification and marketing strategies;
(G) curriculum development;
(H) mentoring, apprenticeships, and
internships;
(I) resources and referral;
(J) farm financial benchmarking;
(K) assisting beginning farmers or ranchers
in acquiring land from retiring farmers and
ranchers;
(L) agricultural rehabilitation and
vocational training for veterans; and
(M) other similar subject areas of use to
beginning farmers or ranchers.
* * * * * * *
(7) Priority.--In making grants under this
subsection, the Secretary shall give priority to
partnerships and collaborations that are led by or
include nongovernmental [and community-based
organizations], community-based organizations, and
school-based agricultural educational organizations
with expertise in new agricultural producer training
and outreach.
[(8) Set-aside.--Not less than 25 percent of funds
used to carry out this subsection for a fiscal year
shall be used to support programs and services that
address the needs of--
[(A) limited resource beginning farmers or
ranchers (as defined by the Secretary);
[(B) socially disadvantaged beginning farmers
or ranchers (as defined in section 355(e) of
the Consolidated Farm and Rural Development Act
(7 U.S.C. 2003(e)); and
[(C) farmworkers desiring to become farmers
or ranchers.]
(8) Military veteran beginning farmers and
ranchers.--
(A) In general.--Not less than 5 percent of
the funds used to carry out this subsection for
a fiscal year shall be used to support programs
and services that address the needs of military
veteran beginning farmers and ranchers.
(B) Coordination permitted.--A recipient of a
grant under this section using the grant as
described in subparagraph (A) may coordinate
with a recipient of a grant under section 1680
of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5933) in addressing
the needs of military veteran beginning farmers
and ranchers with disabilities.
* * * * * * *
(11) Limitation on indirect costs.--A recipient of a
grant under this section may not use more than 10
percent of the funds provided by the grant for the
indirect costs of carrying out the initiatives
described in paragraph (1).
* * * * * * *
(h) Funding.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to
carry out this section--
(A) $18,000,000 for fiscal year 2009; [and]
(B) $19,000,000 for each of fiscal years 2010
through 2012[.]; and
(C) $10,000,000 for each of fiscal years 2013
through 2017, to remain available until
expended.
(2) Authorization of appropriations.--In addition to
funds provided under paragraph (1), there is authorized
to be appropriated to carry out this section
$30,000,000 for each of fiscal years 2008 through
[2012] 2017.
* * * * * * *
SEC. 7407. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES.
(a) * * *
* * * * * * *
(d) Funding.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
section $5,000,000, to remain available until expended.
(2) Mandatory funding.--In addition to funds made
available under paragraph (1), of the funds of the
Commodity Credit Corporation, the Secretary shall use
to carry out this section $5,000,000, to remain
available until expended.
[(2)] (3) Additional funding.--In addition to funds
made available under [paragraph (1)] paragraphs (1) and
(2), there are authorized to be appropriated to carry
out this section not more than $5,000,000 for each of
fiscal years 2008 through [2012] 2017, to remain
available until expended.
* * * * * * *
[SEC. 7409. REPORT ON PRODUCERS AND HANDLERS OF ORGANIC AGRICULTURAL
PRODUCTS.
[Not later than 1 year after funds are made available to
carry out this section, the Secretary shall submit to Congress
a report that--
[(1) describes--
[(A) the extent to which producers and
handlers of organic agricultural products are
contributing to research and promotion programs
of the Department;
[(B) the extent to which producers and
handlers of organic agricultural products are
surveyed for ideas for research and promotion;
[(C) ways in which the programs reflect the
contributions made by producers and handlers of
organic agricultural products and directly
benefit the producers and handlers; and
[(D) the implementation of initiatives that
directly benefit organic producers and
handlers; and
[(2) evaluates industry and other proposals for
improving the treatment of certified organic
agricultural products under Federal marketing orders,
including proposals to target additional resources for
research and promotion of organic products and to
differentiate between certified organic and other
products in new or existing volume limitations or other
orderly marketing requirements.
[SEC. 7410. REPORT ON GENETICALLY MODIFIED PEST-PROTECTED PLANTS.
[It is the sense of Congress that, not later than 1 year
after the date of enactment of this Act, the Secretary should--
[(1) review the recommendations of the Committee on
Genetically Modified Pest-Protected Plants of the Board
on Agriculture and Natural Resources of the National
Research Council made during 2000 and the Committee on
Environmental Impacts Associated with Commercialization
of Transgenic Plants made during 2002, concerning food
safety, ecological research, monitoring needs for
transgenic crops with plant incorporated protectants,
and the environmental effects of transgenic plants; and
[(2) submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes actions taken to implement those
recommendations by agencies within the Department,
including agencies that develop or implement programs
or objectives relating to marketing, regulation, food
safety, research, education, or economics.
[SEC. 7411. STUDY OF NUTRIENT BANKING.
[(a) In General.--The Secretary may conduct a study to
evaluate nutrient banking for the purpose of enhancing the
health and viability of watersheds in areas with large
concentrations of animal producing units.
[(b) Components.--In conducting any study under subsection
(a), the Secretary shall evaluate the costs, needs, and means
by which litter may be collected and distributed outside the
applicable watershed to reduce potential point source and
nonpoint source phosphorous pollution.
[(c) Report.--The Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
that describes the results of any study conducted under
subsection (a).]
* * * * * * *
TITLE VIII--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
* * * * * * *
SEC. 8002. ESTABLISHMENT OF FOREST LAND ENHANCEMENT PROGRAM.
[(a) Purposes.--The purposes of this section are--
[(1) to strengthen the commitment of the Secretary of
Agriculture to sustainable forest management to enhance
the productivity of timber, fish and wildlife habitat,
soil and water quality, wetland, recreational
resources, and aesthetic values of forest land; and
[(2) to establish a coordinated and cooperative
Federal, State, and local sustainable forestry program
for the establishment, management, maintenance,
enhancement, and restoration of forests on
nonindustrial private forest land.]
* * * * * * *
TITLE IX--ENERGY
SEC. 9001. DEFINITIONS.
Except as otherwise provided, in this title:
(1) * * *
* * * * * * *
[(4) Biobased product.--The term ``biobased product''
means a product determined by the Secretary to be a
commercial or industrial product (other than food or
feed) that is--
[(A) composed, in whole or in significant
part, of biological products, including
renewable domestic agricultural materials and
forestry materials; or
[(B) an intermediate ingredient or
feedstock.]
(4) Biobased product.--
(A) In general.-- The term ``biobased
product'' means a product determined by the
Secretary to be a commercial or industrial
product (other than food or feed) that is--
(i) composed, in whole or in
significant part, of biological
products, including renewable domestic
agricultural materials and forestry
materials; or
(ii) an intermediate ingredient or
feedstock.
(B) Inclusion.-- The term ``biobased
product'', with respect to forestry materials,
includes forest products that meet biobased
content requirements, notwithstanding the
market share the product holds, the age of the
product, or whether the market for the product
is new or emerging.
* * * * * * *
(9) Forest product.--
(A) In general.--The term ``forest product''
means a product made from materials derived
from the practice of forestry or the management
of growing timber.
(B) Inclusions.--The term ``forest product''
includes--
(i) pulp, paper, paperboard, pellets,
and wood products; and
(ii) any recycled products derived
from forest materials.
[(9)] (10) Indian tribe.--The term ``Indian tribe''
has the meaning given the term in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
[(10)] (11) Institution of higher education.--The
term ``institution of higher education'' has the
meaning given the term in section 102(a) of the Higher
Education Act of 1965 (20 U.S.C. 1002(a)).
[(11)] (12) Intermediate ingredient or feedstock.--
The term ``intermediate ingredient or feedstock'' means
a material or compound made in whole or in significant
part from biological products, including renewable
agricultural materials (including plant, animal, and
marine materials) or forestry materials, that are
subsequently used to make a more complex compound or
product.
[(12)] (13) Renewable biomass.--The term ``renewable
biomass'' means--
(A) * * *
* * * * * * *
[(13)] (14) Renewable energy.--The term ``renewable
energy'' means energy derived from--
(A) * * *
* * * * * * *
(15) Renewable energy system.--
(A) In general.--Subject to subparagraph (B),
the term ``renewable energy system'' means a
system that--
(i) produces usable energy from a
renewable energy source; and
(ii) may include distribution
components necessary to move energy
produced by such system to the initial
point of sale.
(B) Limitation.--A system described in
subparagraph (A) may not include a mechanism
for dispensing energy at retail.
[(14)] (16) Secretary.--The term ``Secretary'' means
the Secretary of Agriculture.
SEC. 9002. BIOBASED MARKETS PROGRAM.
(a) * * *
* * * * * * *
(h) Funding.--
(1) Mandatory funding for fiscal years 2008 through
2012.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to provide
mandatory funding for biobased products testing and
labeling as required to carry out this section--
(A) * * *
* * * * * * *
(2) Discretionary funding for fiscal years 2009
through 2012.--In addition to any other funds made
available to carry out this section, there is
authorized to be appropriated to carry out this section
$2,000,000 for each of fiscal years 2009 through 2012.
(3) Fiscal years 2013 through 2017.--There are
authorized to be appropriated to carry out this section
$2,000,000 for each of fiscal years 2013 through 2017.
SEC. 9003. BIOREFINERY ASSISTANCE.
(a) * * *
* * * * * * *
(c) Assistance.--The Secretary shall make available [to
eligible entities--
[(1) grants to assist in paying the costs of the
development and construction of demonstration-scale
biorefineries to demonstrate the commercial viability
of 1 or more processes for converting renewable biomass
to advanced biofuels; and]
[(2) guarantees for loans] to eligible entities
guarantees for loans made to fund the development,
construction, and retrofitting of commercial-scale
biorefineries using eligible technology.
[(d) Grants.--
[(1) Competitive basis.--The Secretary shall award
grants under subsection (c)(1) on a competitive basis.
[(2) Selection criteria.--
[(A) In general.--In approving grant
applications, the Secretary shall establish a
priority scoring system that assigns priority
scores to each application and only approve
applications that exceed a specified minimum,
as determined by the Secretary.
[(B) Feasibility.--In approving a grant
application, the Secretary shall determine the
technical and economic feasibility of the
project based on a feasibility study of the
project described in the application conducted
by an independent third party.
[(C) Scoring system.--In determining the
priority scoring system, the Secretary shall
consider--
[(i) the potential market for the
advanced biofuel and the byproducts
produced;
[(ii) the level of financial
participation by the applicant,
including support from non-Federal and
private sources;
[(iii) whether the applicant is
proposing to use a feedstock not
previously used in the production of
advanced biofuels;
[(iv) whether the applicant is
proposing to work with producer
associations or cooperatives;
[(v) whether the applicant has
established that the adoption of the
process proposed in the application
will have a positive impact on resource
conservation, public health, and the
environment;
[(vi) the potential for rural
economic development;
[(vii) whether the area in which the
applicant proposes to locate the
biorefinery has other similar
facilities;
[(viii) whether the project can be
replicated; and
[(ix) scalability for commercial use.
[(3) Cost sharing.--
[(A) Limits.--The amount of a grant awarded
for development and construction of a
biorefinery under subsection (c)(1) shall not
exceed an amount equal to 30 percent of the
cost of the project.
[(B) Form of grantee share.--
[(i) In general.--The grantee share
of the cost of a project may be made in
the form of cash or material.
[(ii) Limitation.--The amount of the
grantee share that is made in the form
of material shall not exceed 15 percent
of the amount of the grantee share
determined under subparagraph (A).]
[(e)] (d) Loan Guarantees.--
(1) Selection criteria.--
(A) * * *
* * * * * * *
(C) Scoring system.--In determining the
priority scoring system for loan guarantees
under [subsection (c)(2)] subsection (c), the
Secretary shall consider--
(i) * * *
* * * * * * *
(2) Limitations.--
(A) Maximum amount of loan guaranteed.--The
principal amount of a loan guaranteed under
[subsection (c)(2)] subsection (c) may not
exceed $250,000,000.
(B) Maximum percentage of loan guaranteed.--
(i) In general.--Except as otherwise
provided in this subparagraph, a loan
guaranteed under [subsection (c)(2)]
subsection (c) shall be in an amount
not to exceed 80 percent of the project
costs, as determined by the Secretary.
(ii) Other direct federal funding.--
The amount of a loan guaranteed for a
project under [subsection (c)(2)]
subsection (c) shall be reduced by the
amount of other direct Federal funding
that the eligible entity receives for
the same project.
(iii) Authority to guarantee the
loan.--The Secretary may guarantee up
to 90 percent of the principal and
interest due on a loan guaranteed under
[subsection (c)(2)] subsection (c).
(C) Loan guarantee fund distribution.--Of the
funds made available for loan guarantees for a
fiscal year under [subsection (h)] subsection
(g), 50 percent of the funds shall be reserved
for obligation during the second half of the
fiscal year.
[(f)] (e) Consultation.--In carrying out this section, the
Secretary shall consult with the Secretary of Energy.
[(g)] (f) Condition on Provision of Assistance.--
(1) * * *
* * * * * * *
[(h)] (g) Funding.--
(1) Mandatory funding for fiscal years 2009 and
2010.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use for the cost of
loan guarantees under this section, to remain available
until expended--
(A) * * *
* * * * * * *
(2) Discretionary funding for fiscal years 2009
through 2012.--In addition to any other funds made
available to carry out this section, there is
authorized to be appropriated to carry out this section
$150,000,000 for each of fiscal years 2009 through
2012.
(3) Fiscal years 2013 through 2017.--There are
authorized to be appropriated to carry out this section
$75,000,000 for each of fiscal years 2013 through 2017.
[SEC. 9004. REPOWERING ASSISTANCE.
[(a) In General.--The Secretary shall carry out a program to
encourage biorefineries in existence on the date of enactment
of the Food, Conservation, and Energy Act of 2008 to replace
fossil fuels used to produce heat or power to operate the
biorefineries by making payments for--
[(1) the installation of new systems that use
renewable biomass; or
[(2) the new production of energy from renewable
biomass.
[(b) Payments.--
[(1) In general.--The Secretary may make payments
under this section to any biorefinery that meets the
requirements of this section for a period determined by
the Secretary.
[(2) Amount.--The Secretary shall determine the
amount of payments to be made under this section to a
biorefinery after considering--
[(A) the quantity of fossil fuels a renewable
biomass system is replacing;
[(B) the percentage reduction in fossil fuel
used by the biorefinery that will result from
the installation of the renewable biomass
system; and
[(C) the cost and cost effectiveness of the
renewable biomass system.
[(c) Eligibility.--To be eligible to receive a payment under
this section, a biorefinery shall demonstrate to the Secretary
that the renewable biomass system of the biorefinery is
feasible based on an independent feasibility study that takes
into account the economic, technical and environmental aspects
of the system.
[(d) Funding.--
[(1) Mandatory funding.--Of the funds of the
Commodity Credit Corporation, the Secretary shall use
to make payments under this section $35,000,000 for
fiscal year 2009, to remain available until expended.
[(2) Discretionary funding.--In addition to any other
funds made available to carry out this section, there
is authorized to be appropriated to carry out this
section $15,000,000 for each of fiscal years 2009
through 2012.]
SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.
(a) * * *
* * * * * * *
(g) Funding.--
(1) Mandatory funding for fiscal years 2009 through
2012.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
section, to remain available until expended--
(A) * * *
* * * * * * *
(2) Discretionary funding for fiscal years 2009
through 2012.--In addition to any other funds made
available to carry out this section, there is
authorized to be appropriated to carry out this section
$25,000,000 for each of fiscal years 2009 through 2012.
(3) Fiscal years 2013 through 2017.--There are
authorized to be appropriated to carry out this section
$50,000,000 for each of fiscal years 2013 through 2017.
[(3)] (4) Limitation.--Of the funds provided for each
fiscal year, not more than 5 percent of the funds shall
be made available to eligible producers for production
at facilities with a total refining capacity exceeding
150,000,000 gallons per year.
SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM.
(a) * * *
* * * * * * *
[(d) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$1,000,000 for each of fiscal years 2008 through 2012.]
(d) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $2,000,000 for each
of fiscal years 2013 through 2017.
SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM.
(a) * * *
* * * * * * *
(c) Financial Assistance for Energy Efficiency Improvements
and Renewable Energy Systems.--
(1) * * *
(2) Tiered application process.--In carrying out this
subsection, the Secretary shall establish a three-
tiered application, evaluation, and oversight process
that varies based on the cost of the proposed project
with the process most simplified for projects referred
to in subparagraph (A), more comprehensive for projects
referred to in subparagraph (B), and most comprehensive
for projects referred to in subparagraph (C). The three
tiers for such process shall be as follows:
(A) Tier 1.--Projects for which the cost of
the project funded under this subsection is not
more than $80,000.
(B) Tier 2.--Projects for which the cost of
the project funded under this subsection is
more than $80,000 but less than $200,000.
(C) Tier 3.--Projects for which the cost of
the project funded under this subsection is
$200,000 or more.
[(2)] (3) Award considerations.--In determining the
amount of a loan guarantee or grant provided under this
section, the Secretary shall take into consideration,
as applicable--
(A) * * *
* * * * * * *
[(3) Feasibility studies.--
[(A) In general.--The Secretary may provide
assistance in the form of grants to an
agricultural producer or rural small business
to conduct a feasibility study for a project
for which assistance may be provided under this
subsection.
[(B) Limitation.--The Secretary shall use not
more than 10 percent of the funds made
available to carry out this subsection to
provide assistance described in subparagraph
(A).
[(C) Avoidance of duplicative assistance.--An
entity shall be ineligible to receive
assistance to carry out a feasibility study for
a project under this paragraph if the entity
has received other Federal or State assistance
for a feasibility study for the project.]
* * * * * * *
(g) Funding.--
(1) Mandatory funding for fiscal years 2009 through
2012.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
section, to remain available until expended--
(A) * * *
* * * * * * *
(2) Audit and technical assistance funding for fiscal
years 2009 through 2012.--
(A) * * *
* * * * * * *
(3) Discretionary funding for fiscal years 2009
through 2012.--In addition to any other funds made
available to carry out this section, there is
authorized to be appropriated to carry out this section
$25,000,000 for each of fiscal years 2009 through 2012.
(4) Fiscal years 2013 through 2017.--There are
authorized to be appropriated to carry out this section
$45,000,000 for each of fiscal years 2013 through 2017.
SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT.
(a) * * *
* * * * * * *
(h) Funding.--
(1) Mandatory funding for fiscal years 2009 through
2012.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall use to
carry out this section, to remain available until
expended--
(A) * * *
* * * * * * *
(2) Discretionary funding for fiscal years 2009
through 2012.--In addition to any other funds made
available to carry out this section, there is
authorized to be appropriated to carry out this section
$35,000,000 for each of fiscal years 2009 through 2012.
(3) Fiscal years 2013 through 2017.--There are
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2013 through 2017.
* * * * * * *
SEC. 9010. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS.
(a) * * *
(b) Feedstock Flexibility Program.--
(1) In general.--
(A) Purchases and sales.--For each of the
2008 through [2012] 2017 crops, the Secretary
shall purchase eligible commodities from
eligible entities and sell such commodities to
bioenergy producers for the purpose of
producing bioenergy in a manner that ensures
that section 156 of the Federal Agriculture
Improvement and Reform Act (7 U.S.C. 7272) is
operated at no cost to the Federal Government
by avoiding forfeitures to the Commodity Credit
Corporation.
* * * * * * *
(2) Notice.--
(A) In general.--As soon as practicable after
the date of enactment of the Food,
Conservation, and Energy Act of 2008 and each
September 1 thereafter through September 1,
[2012] 2017, the Secretary shall provide notice
to eligible entities and bioenergy producers of
the quantity of eligible commodities that shall
be made available for purchase and sale for the
crop year following the date of the notice
under this section.
* * * * * * *
SEC. 9011. BIOMASS CROP ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) * * *
* * * * * * *
[(6) Eligible material.--
[(A) In general.--The term ``eligible
material'' means renewable biomass.
[(B) Exclusions.--The term ``eligible
material'' does not include--
[(i) any crop that is eligible to
receive payments under title I of the
Food, Conservation, and Energy Act of
2008 or an amendment made by that
title;
[(ii) animal waste and byproducts
(including fats, oils, greases, and
manure);
[(iii) food waste and yard waste; or
[(iv) algae.]
[(7)] (6) Producer.--The term ``producer'' means an
owner or operator of contract acreage that is
physically located within a BCAP project area.
[(8)] (7) Project sponsor.--The term ``project
sponsor'' means--
(A) * * *
* * * * * * *
(b) Establishment and Purpose.--The Secretary shall establish
and administer a Biomass Crop Assistance [Program to--
[(1) support the establishment] Program to support
the establishment and production of eligible crops for
conversion to bioenergy in selected BCAP project
areas[; and].
[(2) assist agricultural and forest land owners and
operators with collection, harvest, storage, and
transportation of eligible material for use in a
biomass conversion facility.]
(c) BCAP Project Area.--
(1) * * *
(2) Selection of project areas.--
(A) * * *
(B) BCAP project area selection criteria.--In
selecting BCAP project areas, the Secretary
shall consider--
(i) * * *
* * * * * * *
(viii) the range of eligible crops
among project areas[; and];
(ix) existing project areas that have
received funding under this section and
the continuation of funding of such
project areas to advance the maturity
of such project areas; and
[(ix)] (x) any additional
information, as determined by the
Secretary.
* * * * * * *
(5) Payments.--
(A) * * *
* * * * * * *
(C) Amount of annual payments.--
(i) * * *
(ii) Reduction.--The Secretary shall
reduce an annual payment by an amount
determined to be appropriate by the
Secretary, if--
(I) * * *
* * * * * * *
[(III) the producer receives
a payment under subsection
(d);]
[(IV)] (III) the producer
violates a term of the
contract; or
[(V)] (IV) there are such
other circumstances, as
determined by the Secretary to
be necessary to carry out this
section.
[(d) Assistance With Collection, Harvest, Storage, and
Transportation.--
[(1) In general.--The Secretary shall make a payment
for the delivery of eligible material to a biomass
conversion facility to--
[(A) a producer of an eligible crop that is
produced on BCAP contract acreage; or
[(B) a person with the right to collect or
harvest eligible material.
[(2) Payments.--
[(A) Costs covered.--A payment under this
subsection shall be in an amount described in
subparagraph (B) for--
[(i) collection;
[(ii) harvest;
[(iii) storage; and
[(iv) transportation to a biomass
conversion facility.
[(B) Amount.--Subject to paragraph (3), the
Secretary may provide matching payments at a
rate of $1 for each $1 per ton provided by the
biomass conversion facility, in an amount equal
to not more than $45 per ton for a period of 2
years.
[(3) Limitation on assistance for bcap contract
acreage.--As a condition of the receipt of annual
payment under subsection (c), a producer receiving a
payment under this subsection for collection, harvest,
storage or transportation of an eligible crop produced
on BCAP acreage shall agree to a reduction in the
annual payment.]
[(e)] (d) Report.--Not later than 4 years after the date of
enactment of the Food, Conservation, and Energy Act of 2008,
the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report on the
dissemination by the Secretary of the best practice data and
information gathered from participants receiving assistance
under this section.
[(f) Funding.--Of the funds] (e) Funding.--
(1) Fiscal years 2008 through 2012.--Of the funds of
the Commodity Credit Corporation, the Secretary shall
use to carry out this section such sums as are
necessary for each of fiscal years 2008 through 2012.
(2) Fiscal years 2013 Through 2017.--
(A) In general.--Subject to subparagraph (B),
there are authorized to be appropriated to
carry out this section $75,000,000 for each of
fiscal years 2013 through 2017.
(B) Multiyear contracts.--For each multiyear
contract entered into by the Secretary during a
fiscal year under this section, the Secretary
shall ensure that sufficient funds are
obligated from the appropriation for that
fiscal year to fully cover all payments
required by the contract for all years of the
contract.
* * * * * * *
SEC. 9013. COMMUNITY WOOD ENERGY PROGRAM.
(a) * * *
* * * * * * *
(e) Authorization of Appropriations.--There is authorized to
be appropriated to [carry out this section $5,000,000 for each
of fiscal years 2009 through 2012.] carry out this section--
(1) $5,000,000 for each of fiscal years 2009 through
2012; and
(2) $2,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
TITLE X--MISCELLANEOUS
* * * * * * *
Subtitle G--Specialty Crops
* * * * * * *
SEC. 10603. PURCHASE OF SPECIALTY CROPS.
(a) * * *
(b) Purchase of Fresh Fruits and Vegetables for Distribution
to Schools and Service Institutions.--The Secretary of
Agriculture shall purchase fresh fruits and vegetables for
distribution to schools and service institutions in accordance
with section 6(a) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1755(a)) using, of the amount specified in
subsection (a), not less than $50,000,000 for each of fiscal
years 2008 through [2012] 2017.
(c) Pilot Grant Program for Purchase of Fresh Fruits and
Vegetables.--
(1) In general.--Using amounts made available to
carry out subsection (b), the Secretary of Agriculture
shall conduct a pilot program under which the Secretary
will give not more than five participating States the
option of receiving a grant in an amount equal to the
value of the commodities that the participating State
would otherwise receive under this section for each of
fiscal years 2013 through 2017.
(2) Use of grant funds.--A participating State
receiving a grant under this subsection may use the
grant funds solely to purchase fresh fruits and
vegetables for distribution to schools and service
institutions in the State that participate in the food
service programs under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(3) Selection of participating states.--The Secretary
shall select participating States from applications
submitted by the States.
(4) Reporting requirements.--
(A) School and service institution
requirement.--Schools and service institutions
in a participating State shall keep records of
purchases of fresh fruits and vegetables made
using the grant funds and report such records
to the State.
(B) State requirement.--Each participating
State shall submit to the Secretary a report on
the success of the pilot program in the State,
including information on--
(i) the amount and value of each type
of fresh fruit and vegetable purchased
by the State; and
(ii) the benefit provided by such
purchases in conducting the school food
service in the State, including meeting
school meal requirements.
[(c)] (d) Definitions.--In this section, the terms
``fruits'', ``vegetables'', and ``other specialty food crops''
shall have the meaning given the terms by the Secretary of
Agriculture.
* * * * * * *
[SEC. 10606. NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM.
[(a) In General.--Of funds of the Commodity Credit
Corporation, the Secretary of Agriculture (acting through the
Agricultural Marketing Service) shall use $5,000,000 for fiscal
year 2002, to remain available until expended, to establish a
national organic certification cost-share program to assist
producers and handlers of agricultural products in obtaining
certification under the national organic production program
established under the Organic Foods Production Act of 1990 (7
U.S.C. 6501 et seq.).
[(b) Federal Share.--
[(1) In general.--Subject to paragraph (2), the
Secretary shall pay under this section not more than 75
percent of the costs incurred by a producer or handler
in obtaining certification under the national organic
production program, as certified to and approved by the
Secretary.
[(2) Maximum amount.--The maximum amount of a payment
made to a producer or handler under this section shall
be $500.]
* * * * * * *
----------
DEPARTMENT OF AGRICULTURE REORGANIZATION ACT OF 1994
* * * * * * *
TITLE II--DEPARTMENT OF AGRICULTURE REORGANIZATION
* * * * * * *
Subtitle A--General Reorganization Authorities
* * * * * * *
SEC. 219. MILITARY VETERANS AGRICULTURAL LIAISON.
(a) Authorization.--The Secretary shall establish in the
Department the position of Military Veterans Agricultural
Liaison.
(b) Duties.--The Military Veterans Agricultural Liaison
shall--
(1) provide information to returning veterans about,
and connect returning veterans with, beginning farmer
training and agricultural vocational and rehabilitation
programs appropriate to the needs and interests of
returning veterans, including assisting veterans in
using Federal veterans educational benefits for
purposes relating to beginning a farming or ranching
career;
(2) provide information to veterans concerning the
availability of and eligibility requirements for
participation in agricultural programs, with particular
emphasis on beginning farmer and rancher programs;
(3) serve as a resource for assisting veteran farmers
and ranchers, and potential farmers and ranchers, in
applying for participation in agricultural programs;
and
(4) advocate on behalf of veterans in interactions
with employees of the Department.
* * * * * * *
Subtitle B--Farm and Foreign Agricultural Services
SEC. 225. UNDER SECRETARY OF AGRICULTURE FOR FARM AND FOREIGN
AGRICULTURAL SERVICES.
(a) Authorization.--The Secretary is authorized to establish
in the Department the position of [Under Secretary of
Agriculture for Farm and Foreign Agricultural Services] Under
Secretary of Agriculture for Farm Services.
(b) Confirmation Required.--If the Secretary establishes the
position of [Under Secretary of Agriculture for Farm and
Foreign Agricultural Services] Under Secretary of Agriculture
for Farm Services authorized under subsection (a), the Under
Secretary shall be appointed by the President, by and with the
advice and consent of the Senate.
(c) Functions of Under Secretary.--
(1) Principal functions.--Upon establishment, the
Secretary shall delegate to the [Under Secretary of
Agriculture for Farm and Foreign Agricultural Services]
Under Secretary of Agriculture for Farm Services those
functions under the jurisdiction of the Department that
are related to farm [and foreign agricultural]
services.
(2) Additional functions.--The [Under Secretary of
Agriculture for Farm and Foreign Agricultural Services]
Under Secretary of Agriculture for Farm Services shall
perform such other functions as may be required by law
or prescribed by the Secretary.
* * * * * * *
SEC. 225A. UNDER SECRETARY OF AGRICULTURE FOR FOREIGN AGRICULTURAL
SERVICES.
(a) Authorization.--The Secretary is authorized to establish
in the Department the position of Under Secretary of
Agriculture for Foreign Agricultural Services.
(b) Confirmation Required.--If the Secretary establishes the
position of Under Secretary of Agriculture for Foreign
Agricultural Services under subsection (a), the Under Secretary
shall be appointed by the President, by and with the advice and
consent of the Senate.
(c) Functions of Under Secretary.--
(1) Principal functions.--Upon establishment, the
Secretary shall delegate to the Under Secretary of
Agriculture for Foreign Agricultural Services those
functions under the jurisdiction of the Department that
are related to foreign agricultural services.
(2) Additional functions.--The Under Secretary of
Agriculture for Foreign Agricultural Services shall
perform such other functions as may be required by law
or prescribed by the Secretary.
(d) Succession.--Any official who is serving as Under
Secretary of Agriculture for Farm and Foreign Agricultural
Services on the date of the enactment of this section and who
was appointed by the President, by and with the advice and
consent of the Senate, shall not be required to be reappointed
under subsection (b) or section 225(b) to the successor
position authorized under subsection (a) or section 225(a) if
the Secretary establishes the position, and the official
occupies the new position, with 180 days after the date of the
enactment of this section (or such later date set by the
Secretary if litigation delays rapid succession).
* * * * * * *
SEC. 226B. OFFICE OF ADVOCACY AND OUTREACH.
(a) * * *
* * * * * * *
(f) Farmworker Coordinator.--
(1) * * *
* * * * * * *
[(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this subsection for each of
fiscal years 2009 through 2012.]
(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection--
(A) such sums as are necessary for each of
fiscal years 2009 through 2012; and
(B) $2,000,000 for each of fiscal years 2013
through 2017.
* * * * * * *
Subtitle F--Research, Education, and Economics
SEC. 251. UNDER SECRETARY OF AGRICULTURE FOR RESEARCH, EDUCATION, AND
ECONOMICS.
(a) * * *
* * * * * * *
(f) National Institute of Food and Agriculture.--
(1) Definitions.--In this subsection:
(A) * * *
* * * * * * *
(D) Competitive program.--The term
``competitive program'' means each of the
following agricultural research, extension,
education, and related programs for which the
Secretary has administrative or other authority
as of the day before the date of enactment of
the Food, Conservation, and Energy Act of 2008:
(i) * * *
* * * * * * *
[(xi) The administration and
management of the Agricultural
Bioenergy Feedstock and Energy
Efficiency Research and Extension
Initiative carried out under section
1672C of the Food, Agriculture,
Conservation, and Trade Act of 1990.]
[(xii) The research, extension, and
education programs authorized by
section 407 of the Agricultural
Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7627)
relating to the competitiveness,
viability and sustainability of small-
and medium-sized dairy, livestock, and
poultry operations.]
[(xiii)] (xi) Other programs that are
competitive programs, as determined by
the Secretary.
* * * * * * *
Subtitle J--Miscellaneous Reorganization Provisions
* * * * * * *
SEC. 296. TERMINATION OF AUTHORITY.
(a) * * *
(b) Functions.--Subsection (a) shall not affect--
(1) * * *
* * * * * * *
(6) the authority of the Secretary to establish in
the Department, under section 251--
(A) * * *
* * * * * * *
(C) the National Institute of Food and
Agriculture; [or]
(7) the authority of the Secretary to establish in
the Department the Office of Advocacy and Outreach in
accordance with section 226B[.];
(8) the authority of the Secretary to establish in
the Department the position of Under Secretary of
Agriculture for Foreign Agricultural Services in
accordance with section 225A;
(9) the authority of the Secretary to establish in
the Office of the Secretary the Office of Tribal
Relations in accordance with section 309; and
(10) the authority of the Secretary to establish in
the Department the position of Military Veterans
Agricultural Liaison in accordance with section 219.
TITLE III--MISCELLANEOUS
* * * * * * *
SEC. 309. OFFICE OF TRIBAL RELATIONS.
The Secretary shall establish in the Office of the Secretary
an Office of Tribal Relations to advise the Secretary on
policies related to Indian tribes.
* * * * * * *
----------
FOOD AND NUTRITION ACT OF 2008
* * * * * * *
DEFINITIONS
Sec. 3. As used in this Act, the term:
(a) * * *
* * * * * * *
(g) ``Coupon'' means any coupon, stamp, type of certificate,
authorization card, cash or check issued in lieu of a [coupon,]
coupon.
* * * * * * *
(k) ``Food'' means (1) any food or food product for home
consumption except alcoholic beverages, tobacco, and hot foods
or hot food products ready for immediate consumption other than
those authorized pursuant to clauses (3), (4), (5), (7), (8),
and (9) of this subsection, (2) seeds and plants for use in
gardens to produce food for the personal consumption of the
eligible household, (3) in the case of those persons who are
sixty years of age or over or who receive supplemental security
income benefits or disability or blindness payments under title
I, II, X, XIV, or XVI of the Social Security Act, and their
spouses, meals prepared by and served in senior citizens'
centers, apartment buildings occupied primarily by such
persons, public or private nonprofit establishments (eating or
otherwise) that feed such persons, private establishments that
contract with the appropriate agency of the State to offer
meals for such persons at concessional prices subject to
section 9(h), and meals prepared for and served to residents of
federally subsidized housing for the elderly, (4) in the case
of persons sixty years of age or over and persons who are
physically or mentally handicapped or otherwise so disabled
that they are unable adequately to prepare all of their meals,
meals prepared for and delivered to them (and their spouses) at
their home by a public or private nonprofit organization or by
a private establishment that contracts with the appropriate
State agency to perform such services at concessional prices
subject to section 9(h), (5) in the case of narcotics addicts
or alcoholics, and their children, served by drug addiction or
alcoholic treatment and rehabilitation programs, meals prepared
and served under such programs, (6) in the case of certain
eligible households living in Alaska, equipment for procuring
food by hunting and fishing, such as nets, hooks, rods,
harpoons, and knives (but not equipment for purposes of
transportation, clothing, or shelter, and not firearms,
ammunition, and explosives) if the Secretary determines that
such households are located in an area of the State where it is
extremely difficult to reach stores selling food and that such
households depend to a substantial extent upon hunting and
fishing for subsistence, (7) in the case of disabled or blind
recipients of benefits under title I, II, X, XIV, or XVI of the
Social Security Act, [or are] and individuals described in
paragraphs (2) through (7) of subsection (j), who are residents
in a public or private nonprofit group living arrangement that
serves no more than sixteen residents and is certified by the
appropriate State agency or agencies under regulations issued
under section 1616(e) of the Social Security Act or under
standards determined by the Secretary to be comparable to
standards implemented by appropriate State agencies under such
section, meals prepared and served under such arrangement, (8)
in the case of women and children temporarily residing in
public or private nonprofit shelters for battered women and
children, meals prepared and served, by such shelters, and (9)
in the case of households that do not reside in permanent
dwellings and households that have no fixed mailing addresses,
meals prepared for and served by a public or private nonprofit
establishment (approved by an appropriate State or local
agency) that feeds such individuals and by private
establishments that contract with the appropriate agency of the
State to offer meals for such individuals at concessional
prices subject to section 9(h).
[(l) ``Food stamp program'' means the program operated
pursuant to the provisions of this Act.]
[(m)] (l) ``Homeless individual'' means--
(1) * * *
* * * * * * *
[(n)] (m)(1) * * *
* * * * * * *
[(o)] (n) ``Reservation'' means the geographically defined
area or areas over which a tribal organization exercises
governmental jurisdiction.
[(p)] (o) ``Retail food store'' means--
(1) an establishment or house-to-house trade route
that sells food for home preparation and consumption
and--
(A) offers for sale, on a continuous basis, a
variety of foods in each of the 4 categories of
staple foods specified in subsection (r)(1),
including perishable foods in [at least 2] at
least 3 of the categories; or
* * * * * * *
(3) a store purveying the hunting and fishing
equipment described in subsection (k)(6); [and]
(4) any private nonprofit cooperative food purchasing
venture, including those in which the members pay for
food purchased prior to the receipt of such food[.];
and
(5) a governmental or private nonprofit food
purchasing and delivery service that--
(A) purchases food for, and delivers such
food to, individuals who are--
(i) unable to shop for food; and
(ii)(I) not less than 60 years of
age; or
(II) physically or mentally
handicapped or otherwise disabled;
(B) clearly notifies the participating
household at the time such household places a
food order--
(i) of any delivery fee associated
with the food purchase and delivery
provided to such household by such
service; and
(ii) that a delivery fee cannot be
paid with benefits provided under
supplemental nutrition assistance
program; and
(C) sells food purchased for such household
at the price paid by such service for such food
and without any additional cost markup.
[(q)] (p) ``Secretary'' means the Secretary of Agriculture.
[(r)] (q)(1) * * *
* * * * * * *
[(s)] (r) ``State'' means the fifty States, the District of
Columbia, Guam, the Virgin Islands of the United States, and
the reservations of an Indian tribe whose tribal organization
meets the requirements of this Act for participation as a State
agency.
[(t)] (s) ``State agency'' means (1) the agency of State
government, including the local offices thereof, which has the
responsibility for the administration of the federally aided
public assistance programs within such State, and in those
States where such assistance programs are operated on a
decentralized basis, the term shall include the counterpart
local agencies administering such programs, and (2) the tribal
organization of an Indian tribe determined by the Secretary to
be capable of effectively administering a food distribution
program under section 4(b) of this Act or a supplemental
nutrition assistance program under section 11(d) of this Act.
(t) ``Supplemental nutritional assistance program'' means the
program operated pursuant to this Act.
* * * * * * *
ESTABLISHMENT OF THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Sec. 4. (a) Subject to the availability of funds appropriated
under section 18 of this Act, the Secretary is authorized to
formulate and administer a supplemental nutrition assistance
program under which, at the request of the State agency,
eligible households within the State shall be provided an
opportunity to obtain a more nutritious diet through the
issuance to them of an allotment, except that a State may not
participate in the supplemental nutrition assistance program if
the Secretary determines that State or local sales taxes are
collected within that State on purchases of food made with
benefits issued under this Act. The benefits so received by
such households shall be used only to purchase food from retail
food stores which have been approved for participation in the
supplemental nutrition assistance program. [benefits] Benefits
issued and used as provided in this Act shall be redeemable at
face value by the Secretary through the facilities of the
Treasury of the United States.
(b) Food Distribution Program on Indian Reservations.--
(1) * * *
* * * * * * *
(6) Traditional and locally-grown food fund.--
(A) * * *
* * * * * * *
(F) Authorization of appropriations.--There
is authorized to be appropriated to the
Secretary to carry out this paragraph
$5,000,000 for each of fiscal years 2008
through [2012] 2017.
* * * * * * *
ELIGIBLE HOUSEHOLDS
Sec. 5. (a) Participation in the supplemental nutrition
assistance program shall be limited to those households whose
incomes and other financial resources, held singly or in joint
ownership, are determined to be a substantial limiting factor
in permitting them to obtain a more nutritious diet.
Notwithstanding any other provisions of this Act except
[sections 6(b), 6(d)(2), and 6(g)] subsections (b), (d)(2),
(g), and (r) of section 6 and section 3(n)(4), [households in
which each member receives benefits] households in which each
member receives 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.), supplemental security income benefits under title
XVI of the Social Security Act, or aid to the aged, blind, or
disabled under title I, X, XIV, or XVI of the Social Security
Act, shall be eligible to participate in the supplemental
nutrition assistance program. Except for sections 6, 16(e)(1),
and section 3(n)(4), households in which each member receives
benefits under a State or local general assistance program that
complies with standards established by the Secretary for
ensuring that the program is based on income criteria
comparable to or more restrictive than those under subsection
(c)(2), and not limited to one-time emergency payments that
cannot be provided for more than one consecutive month, shall
be eligible to participate in the supplemental nutrition
assistance program. Assistance under this program shall be
furnished to all eligible households who make application for
such participation.
* * * * * * *
(e) Deductions From Income.--
(1) * * *
* * * * * * *
(5) Excess medical expense deduction.--
(A) * * *
* * * * * * *
(C) Exclusion of medical marijuana.--The
Secretary shall promulgate rules to ensure that
medical marijuana is not treated as a medical
expense for purposes of this paragraph.
(6) Excess shelter expense deduction.--
(A) * * *
* * * * * * *
(C) Standard utility allowance.--
(i) In general.--In computing the
excess shelter expense deduction, a
State agency may use a standard utility
allowance in accordance with
regulations promulgated by the
Secretary, subject to clause (iv),
except that a State agency may use an
allowance that does not fluctuate
within a year to reflect seasonal
variations.
* * * * * * *
(iv) Availability of allowance to
recipients of energy assistance.--
(I) In general.--Subject to
subclause (II), if a State
agency elects to use a standard
utility allowance that reflects
heating or cooling costs, the
standard utility allowance
shall be made available to
households receiving a payment,
or on behalf of which a payment
is made, under the Low-Income
Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.)
or other similar energy
assistance program, if [the
household still incurs out-of-
pocket heating or cooling
expenses in excess of any
assistance paid on behalf of
the household to an energy
provider.] the payment received
by, or made on behalf of, the
household exceeds $10 or a
higher amount annually, as
determined by the Secretary.
* * * * * * *
(i)(1) * * *
(2)(A) * * *
* * * * * * *
(D) Any sponsor of an alien, and such alien, shall be jointly
and severably liable for an amount equal to any overpayment
made to such alien during the period of three years after such
alien's entry into the United States, on account of such
sponsor's failure to provide correct information under the
provisions of this section, except where such sponsor was
without fault, or where good cause for such failure existed.
Any such overpayment which is not repaid shall be recovered in
accordance with the provisions of [section 13(b)(2)] section
13(b) of this Act.
* * * * * * *
(j) Notwithstanding subsections (a) through (i), a State
agency shall consider a household member who receives
supplemental security income benefits under title XVI of the
Social Security Act (42 U.S.C. 1382 et seq.), aid to the aged,
blind, or disabled under title I, II, X, XIV, or XVI of such
Act (42 U.S.C. 301 et seq.), [or who receives benefits under a
State program] or who receives cash assistance under a State
program funded under part A of title IV of the Act (42 U.S.C.
601 et seq.) to have satisfied the resource limitations
prescribed under subsection (g).
(k)(1) * * *
* * * * * * *
(4) Third party energy assistance payments.--
(A) Energy assistance payments.--For purposes
of subsection (d)(1), a payment made under a
State law (other than a law referred to in
[paragraph (2)(H)] paragraph (2)(G)) to provide
energy assistance to a household shall be
considered money payable directly to the
household.
* * * * * * *
ELIGIBILITY DISQUALIFICATIONS
Sec. 6. (a) * * *
* * * * * * *
(d) Conditions of Participation.--
(1) * * *
* * * * * * *
(4) Employment and training.--
(A) * * *
(B) For purposes of this Act, an ``employment and training
program'' means a program that contains one or more of the
following components, except that the State agency shall retain
the option to apply employment requirements prescribed under
this subparagraph to a program applicant at the time of
application:
(i) * * *
* * * * * * *
(vii) Programs intended to ensure job retention by
providing job retention services, if the job retention
services are provided for a period of not more than 90
days after an individual who received employment and
training services under this paragraph gains
employment.
* * * * * * *
(F)(i) * * *
* * * * * * *
(iii) Any individual voluntarily electing to participate in a
program under this paragraph shall not be subject to the
limitations described in clauses (i) and (ii).
* * * * * * *
(e) No individual who is a member of a household otherwise
eligible to participate in the supplemental nutrition
assistance program under this section shall be eligible to
participate in the supplemental nutrition assistance program as
a member of that or any other household if the individual is
enrolled at least half-time in an institution of higher
education, unless the individual--
(1) * * *
* * * * * * *
(3) is assigned to or placed in an institution of
higher education through or in compliance with the
requirements of--
(A) * * *
(B) an employment and training program under
this [section;] section, subject to the
condition that the course or program of study--
(i) is part of a program of career
and technical education (as defined in
section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006 (20
U.S.C. 2302)) that may be completed in
not more than 4 years at an institution
of higher education (as defined in
section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002)); or
(ii) is limited to remedial courses,
basic adult education, literacy, or
English as a second language;
* * * * * * *
(r) Ineligibility for Benefits Due to Receipt of Substantial
Lottery or Gambling Winnings.--
(1) In general.--Any household in which a member
receives substantial lottery or gambling winnings, as
determined by the Secretary, shall lose eligibility for
benefits immediately upon receipt of the winnings.
(2) Duration of ineligibility.--A household described
in paragraph (1) shall remain ineligible for
participation until the household meets the allowable
financial resources and income eligibility requirements
under subsections (c), (d), (e), (f), (g), (i), (k),
(l), (m), and (n) of section 5.
(3) Agreements.--As determined by the Secretary, each
State agency, to the maximum extent practicable, shall
establish agreements with entities responsible for the
regulation or sponsorship of gaming in the State to
determine whether individuals participating in the
supplemental nutrition assistance program have received
substantial lottery or gambling winnings.
SEC. 7. ISSUANCE AND USE OF PROGRAM BENEFITS.
(a) * * *
* * * * * * *
(f) Alternative Benefit Delivery.--
(1) * * *
[(2) No imposition of costs.--The cost of documents
or systems that may be required by this subsection may
not be imposed upon a retail food store participating
in the supplemental nutrition assistance program.]
(2) Imposition of costs.--
(A) In general.--Except as provided in
subparagraph (B), the Secretary shall require
participating retailers (including restaurants
participating in a State option restaurant
program intended to serve the elderly,
disabled, and homeless) to pay 100 percent of
the costs of acquiring, and arrange for the
implementation of, electronic benefit transfer
point-of-sale equipment and supplies.
(B) Exemptions.--The Secretary may exempt
from subparagraph (A)--
(i) farmers' markets, military
commissaries, nonprofit food buying
cooperatives, and establishments,
organizations, programs, or group
living arrangements described in
paragraphs (5), (7), and (8) of section
3(k); and
(ii) establishments described in
paragraphs (3), (4), and (9) of section
3(k), other than restaurants
participating in a State option
restaurant program.
* * * * * * *
(4) Termination of manual vouchers.--
(A) In general.--Effective beginning on the
effective date of this paragraph, except as
provided in subparagraph (B), no State shall
issue manual vouchers to a household that
receives supplemental nutrition assistance
under this Act or allow retailers to accept
manual vouchers as payment, unless the
Secretary determines that the manual vouchers
are necessary, such as in the event of an
electronic benefit transfer system failure or a
disaster situation.
(B) Exemptions.--The Secretary may exempt
categories of retailers or individual retailers
from subparagraph (A) based on criteria
established by the Secretary.
(5) Unique identification number required.--In an
effort to enhance the antifraud protections of the
program, the Secretary shall require all parties
providing electronic benefit transfer services to
provide for and maintain a unique terminal
identification number information through the
supplemental nutrition assistance program electronic
benefit transfer transaction routing system. In
developing the regulations implementing this paragraph,
the Secretary shall consider existing commercial
practices for other point-of-sale debit transactions.
The Secretary shall issue proposed regulations
implementing this paragraph not earlier than 2 years
after the date of enactment of this paragraph.
* * * * * * *
(h) Electronic Benefit Transfers.--
(1) * * *
* * * * * * *
(3) In the case of a system described in paragraph (1) in
which participation is not optional for households, the
Secretary shall not approve such a system unless--
(A) * * *
(B) any special equipment necessary to allow
households to purchase food with the benefits issued
under this Act [is operational--
[(i) in the case of a participating retail
food store in which coupons are used to
purchase 15 percent or more of the total dollar
amount of food sold by the store (as determined
by the Secretary), at all registers in the
store; and
[(ii) in the case of other participating
stores,] is operational at a sufficient number
of registers to provide service that is
comparable to service provided individuals who
are not members of households receiving
supplemental nutrition assistance program
benefits, as determined by the Secretary.
* * * * * * *
(8) Replacement [card fee] of cards.--[A State]
(A) Fees.--A State agency may collect a
charge for replacement of an electronic benefit
transfer card by reducing the monthly allotment
of the household receiving the replacement
card.
(B) Purposeful loss of cards.--
(i) In general.--Subject to terms and
conditions established by the Secretary
in accordance with clause (ii), if a
household makes excessive requests for
replacement of the electronic benefit
transfer card of the household, the
Secretary may require a State agency to
decline to issue a replacement card to
the household unless the household,
upon request of the State agency,
provides an explanation for the loss of
the card.
(ii) Requirements.--The terms and
conditions established by the Secretary
shall provide that--
(I) the household be given
the opportunity to provide the
requested explanation and meet
the requirements under this
paragraph promptly;
(II) after an excessive
number of lost cards, the head
of the household shall be
required to review program
rights and responsibilities
with State agency personnel
authorized to make
determinations under section
5(a); and
(III) any action taken,
including actions required
under section 6(b)(2), other
than the withholding of the
electronic benefit transfer
card until an explanation
described in subclause (I) is
provided, shall be consistent
with the due process
protections under section 6(b)
or 11(e)(10), as appropriate.
(C) Protecting vulnerable persons.--In
implementing this paragraph, a State agency
shall act to protect homeless persons, persons
with disabilities, victims of crimes, and other
vulnerable persons who lose electronic benefit
transfer cards but are not intentionally
committing fraud.
(D) Effect on eligibility.--While a State may
decline to issue an electronic benefits
transfer card until a household satisfies the
requirements under this paragraph, nothing in
this paragraph shall be considered a denial of,
or limitation on, the eligibility for benefits
under section 5.
* * * * * * *
[(12)] (13) Interchange fees.--No interchange fees
shall apply to electronic benefit transfer transactions
under this subsection.
* * * * * * *
(14) Demonstration projects on acceptance of benefits
of mobile transactions.--
(A) In general.--The Secretary shall pilot
the use of mobile technologies determined by
the Secretary to be appropriate to test the
feasibility and implications for program
integrity, by allowing retail food stores,
farmers markets, and other direct producer-to-
consumer marketing outlets to accept benefits
from recipients of supplemental nutrition
assistance through mobile transactions.
(B) Demonstration projects.--To be eligible
to participate in a demonstration project under
subsection (a), a retail food store, farmers
market, or other direct producer-to-consumer
marketing outlet shall submit to the Secretary
for approval a plan that includes--
(i) a description of the technology;
(ii) the manner by which the retail
food store, farmers market or other
direct producer-to-consumer marketing
outlet will provide proof of the
transaction to households;
(iii) the provision of data to the
Secretary, consistent with requirements
established by the Secretary, in a
manner that allows the Secretary to
evaluate the impact of the
demonstration on participant access,
ease of use, and program integrity; and
(iv) such other criteria as the
Secretary may require.
(C) Date of completion.--The demonstration
projects under this paragraph shall be
completed and final reports submitted to the
Secretary by not later than July 1, 2015.
(D) Report to congress.--The Secretary shall
submit a report to the Committee on Agriculture
of the House of Representatives and the
Committee on Agriculture, Nutrition, and
Forestry of the Senate that includes a finding,
based on the data provided under subparagraph
(C) whether or not implementation in all States
is in the best interest of the supplemental
nutrition assistance program.
* * * * * * *
APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS
Sec. 9. (a)(1) Regulations issued pursuant to this Act shall
provide for the submission of applications for approval by
retail food stores and wholesale food concerns which desire to
be authorized to accept and redeem benefits under the
supplemental nutrition assistance program and for the approval
of those applicants whose participation will effectuate the
purposes of the supplemental nutrition assistance program. In
determining the qualifications of applicants, there shall be
considered among such other factors as may be appropriate, the
following: (A) the nature and extent of the food business
conducted by the applicant; (B) the volume of benefit
transactions which may reasonably be expected to be conducted
by the applicant food store or wholesale food concern[; and
(C)]; (C) whether the applicant is located in an area with
significantly limited access to food; and (D) the business
integrity and reputation of the applicant. Approval of an
applicant shall be evidenced by the issuance to such applicant
of a nontransferable certificate of approval. No retail food
store or wholesale food concern of a type determined by the
Secretary, based on factors that include size, location, and
type of items sold, shall be approved to be authorized or
reauthorized for participation in the supplemental nutrition
assistance program unless an authorized employee of the
Department of Agriculture, a designee of the Secretary, or, if
practicable, an official of the State or local government
designated by the Secretary has visited the store or concern
for the purpose of determining whether the store or concern
should be approved or reauthorized, as appropriate.
* * * * * * *
(3) Authorization periods.--The Secretary shall
establish specific time periods during which
authorization to accept and redeem benefits shall be
valid under the supplemental nutrition assistance
program.
(b)(1) * * *
* * * * * * *
(3) Retail food stores with significant sales of
excluded items.--
(A) In general.--No retail food store for
which at least 45 percent of the total sales of
the retail food store is from the sale of
excluded items described in section 3(k)(1) may
be authorized to accept and redeem benefits
unless the Secretary determines that the
participation of the retail food store is
required for the effective and efficient
operation of the supplemental nutrition
assistance program.
(B) Application.--Subparagraph (A) shall be
effective--
(i) in the case of retail food stores
applying to be authorized for the 1st
time, beginning on the date that is 1
year after the effective date of this
paragraph; and
(ii) in the case of retail food
stores participating in the program on
the effective date of this paragraph,
during periodic reauthorization in
accordance with subsection (a)(2)(A).
* * * * * * *
(g) EBT Service Requirement.--An approved retail food store
shall provide adequate EBT service as described in section
7(h)(3)(B).
(h) Private Establishments.--
(1) In general.--Subject to paragraph (2), no private
establishment that contracts with a State agency to
offer meals at concessional prices as described in
paragraphs (3), (4), and (9) of section 3(k) may be
authorized to accept and redeem benefits unless the
Secretary determines that the participation of the
private establishment is required to meet a documented
need in accordance with section 11(e)(24).
(2) Existing contracts.--
(A) In general.--If, on the day before the
effective date of this subsection, a State has
entered into a contract with a private
establishment described in paragraph (1) and
the Secretary has not determined that the
participation of the private establishment is
necessary to meet a documented need in
accordance with section 11(e)(24), the
Secretary shall allow the operation of the
private establishment to continue without that
determination of need for a period not to
exceed 180 days from the date on which the
Secretary establishes determination criteria,
by regulation, under section 11(e)(24).
(B) Justification.--If the Secretary
determines to terminate a contract with a
private establishment that is in effect on the
effective date of this subsection, the
Secretary shall provide justification to the
State in which the private establishment is
located for that termination.
(3) Report to congress.--Not later than 90 days after
September 30, 2013, and 90 days after the last day of
each fiscal year thereafter, the Secretary shall report
to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate on the
effectiveness of a program under this subsection using
any information received from States under section
11(e)(24) as well as any other information the
Secretary may have relating to the manner in which
benefits are used.
SEC. 10. REDEMPTION OF PROGRAM BENEFITS.
Regulations issued pursuant to this Act shall provide for the
redemption of benefits accepted by retail food stores through
approved wholesale food concerns or through financial
institutions which are insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance
Corporation, or which are insured under the Federal Credit
Union Act and have retail food stores or wholesale food
concerns in their field of membership, with the cooperation of
the Treasury Department, except that retail food stores defined
in section 3(p)(4) shall be authorized to redeem their members'
food benefits prior to receipt by the members of the food so
purchased, agricultural producers who market agricultural
products directly to consumers shall be authorized to redeem
benefits for the initial cost of the purchase of a community-
supported agriculture share, and publicly operated community
mental health centers or private nonprofit organizations or
institutions which serve meals to narcotics addicts or
alcoholics in drug addiction or alcoholic treatment and
rehabilitation programs, public and private nonprofit shelters
that prepare and serve meals for battered women and children,
and public or private nonprofit group living arrangements that
serve meals to disabled or blind residents shall not be
authorized to redeem benefits through financial institutions
which are insured by the Federal Deposit Insurance Corporation
or the Federal Savings and Loan Insurance Corporation or the
Federal Credit Union Act. Notwithstanding the preceding
sentence, a center, organization, institution, shelter, group
living arrangement, or establishment described in that sentence
may be authorized to redeem benefits through a financial
institution described in that sentence if the center,
organization, institution, shelter, group living arrangement,
or establishment is equipped with 1 or more point-of-sale
devices and is operating in an area in which an electronic
benefit transfer system described in section 7(h) has been
implemented. No financial institution may impose on or collect
from a retail food store a fee or other charge for the
redemption of benefits that are submitted to the financial
institution in a manner consistent with the requirements, other
than any requirements relating to cancellation of benefits, for
the presentation of coupons by financial institutions to the
Federal Reserve banks.
SEC. 11. ADMINISTRATION.
(a) * * *
* * * * * * *
(e) The State plan of operation required under subsection (d)
of this section shall provide, among such other provisions as
may be required by regulation--
(1) * * *
* * * * * * *
(22) the guidelines the State agency uses in carrying
out section 6(i); [and]
(23) if a State elects to carry out a Simplified
Supplemental Nutrition Assistance Program under section
26, the plans of the State agency for operating the
program, including--
(A) * * *
* * * * * * *
(C) a description of the method by which the
State agency will carry out a quality control
system under section 16(c)[.]; and
(24) if the State elects to carry out a program to
contract with private establishments to offer meals at
concessional prices, as described in paragraphs (3),
(4), and (9) of section 3(k)--
(A) the plans of the State agency for
operating the program, including--
(i) documentation of a need that
eligible homeless, elderly, and
disabled clients are underserved in a
particular geographic area;
(ii) the manner by which the State
agency will limit participation to only
those private establishments that the
State determines necessary to meet the
need identified in clause (i); and
(iii) any other conditions the
Secretary may prescribe, such as the
level of security necessary to ensure
that only eligible recipients
participate in the program; and
(B) a report by the State agency to the
Secretary annually, the schedule of which shall
be established by the Secretary, that
includes--
(i) the number of households and
individual recipients authorized to
participate in the program, including
any information on whether the
individual recipient is elderly,
disabled, or homeless; and
(ii) an assessment of whether the
program is meeting an established need,
as documented under subparagraph
(A)(i).
* * * * * * *
[(p) State Verification Option.--Notwithstanding any other
provision of law, in carrying out the supplemental nutrition
assistance program, a State agency shall not be required to use
an income and eligibility or an immigration status verification
system established under section 1137 of the Social Security
Act (42 U.S.C. 1320b-7).]
(p) State Verification Option.--In carrying out the
supplemental nutrition assistance program, a State agency shall
be required to use an income and eligibility, or an immigration
status, verification system established under section 1137 of
the Social Security Act (42 U.S.C. 1320b-7), in accordance with
standards set by the Secretary.
* * * * * * *
[(t) Grants for Simple Application and Eligibility
Determination Systems and Improved Access to Benefits.--
[(1) In general.--Subject to the availability of
appropriations under section 18(a), for each fiscal
year, the Secretary shall use not more than $5,000,000
of funds made available under section 18(a)(1) to make
grants to pay 100 percent of the costs of eligible
entities approved by the Secretary to carry out
projects to develop and implement--
[(A) simple supplemental nutrition assistance
program application and eligibility
determination systems; or
[(B) measures to improve access to
supplemental nutrition assistance program
benefits by eligible households.
[(2) Types of projects.--A project under paragraph
(1) may consist of--
[(A) coordinating application and eligibility
determination processes, including verification
practices, under the supplemental nutrition
assistance program and other Federal, State,
and local assistance programs;
[(B) establishing methods for applying for
benefits and determining eligibility that--
[(i) more extensively use--
[(I) communications by
telephone; and
[(II) electronic alternatives
such as the Internet; or
[(ii) otherwise improve the
administrative infrastructure used in
processing applications and determining
eligibility;
[(C) developing procedures, training
materials, and other resources aimed at
reducing barriers to participation and reaching
eligible households;
[(D) improving methods for informing and
enrolling eligible households; or
[(E) carrying out such other activities as
the Secretary determines to be appropriate.
[(3) Limitation.--A grant under this subsection shall
not be made for the ongoing cost of carrying out any
project.
[(4) Eligible entities.--To be eligible to receive a
grant under this subsection, an entity shall be--
[(A) a State agency administering the
supplemental nutrition assistance program;
[(B) a State or local government;
[(C) an agency providing health or welfare
services;
[(D) a public health or educational entity;
or
[(E) a private nonprofit entity such as a
community-based organization, food bank, or
other emergency feeding organization.
[(5) Selection of eligible entities.--The Secretary--
[(A) shall develop criteria for the selection
of eligible entities to receive grants under
this subsection; and
[(B) may give preference to any eligible
entity that consists of a partnership between a
governmental entity and a nongovernmental
entity.]
* * * * * * *
(v) Data Exchange Standardization for Improved
Interoperability.--
(1) Data exchange standards.--
(A) Designation.--The Secretary, in
consultation with an interagency work group
which shall be established by the Office of
Management and Budget, and considering State
perspectives, shall, by rule, designate a data
exchange standard for any category of
information required to be reported under this
Act.
(B) Data exchange standards must be
nonproprietary and interoperable.--The data
exchange standard designated under subparagraph
(A) shall, to the extent practicable, be
nonproprietary and interoperable.
(C) Other requirements.--In designating data
exchange standards under this subsection, the
Secretary shall, to the extent practicable,
incorporate--
(i) interoperable standards developed
and maintained by an international
voluntary consensus standards body, as
defined by the Office of Management and
Budget, such as the International
Organization for Standardization;
(ii) interoperable standards
developed and maintained by
intergovernmental partnerships, such as
the National Information Exchange
Model; and
(iii) interoperable standards
developed and maintained by Federal
entities with authority over
contracting and financial assistance,
such as the Federal Acquisition
Regulatory Council.
(2) Data exchange standards for reporting.--
(A) Designation.--The Secretary, in
consultation with an interagency work group
established by the Office of Management and
Budget, and considering State perspectives,
shall, by rule, designate data exchange
standards to govern the data reporting required
under this part.
(B) Requirements.--The data exchange
standards required by subparagraph (A) shall,
to the extent practicable--
(i) incorporate a widely-accepted,
nonproprietary, searchable, computer-
readable format;
(ii) be consistent with and implement
applicable accounting principles; and
(iii) be capable of being continually
upgraded as necessary.
(C) Incorporation of nonproprietary
standards.--In designating reporting standards
under this subsection, the Secretary shall, to
the extent practicable, incorporate existing
nonproprietary standards, such as the
eXtensible Markup Language.
SEC. 12. CIVIL PENALTIES AND DISQUALIFICATION OF RETAIL FOOD STORES AND
WHOLESALE FOOD CONCERNS.
(a) * * *
(b) Period of Disqualification.--Subject to subsection (c), a
disqualification under subsection (a) shall be--
(1) * * *
* * * * * * *
(3) permanent upon--
(A) * * *
* * * * * * *
(C) a finding of the sale of firearms,
ammunition, explosives, or controlled substance
(as defined in section 802 of title 21, United
States Code) for coupons, except that the
Secretary shall have the discretion to impose a
civil penalty of up to $20,000 for each
violation (except that the amount of [civil
money penalties] civil penalties imposed for
violations occurring during a single
investigation may not exceed $40,000) in lieu
of disqualification under this subparagraph if
the Secretary determines that there is
substantial evidence (including evidence that
neither the ownership nor management of the
store or food concern was aware of, approved,
benefited from, or was involved in the conduct
or approval of the violation) that the store or
food concern had an effective policy and
program in effect to prevent violations of this
Act; and
* * * * * * *
(g) Disqualification of Retailers Who Are Disqualified Under
the WIC Program.--
(1) In general.--The Secretary shall issue
regulations providing criteria for the disqualification
under this Act of an approved retail food store or a
wholesale food concern that is disqualified from
accepting benefits under the special supplemental
nutrition program for women, infants, and children
established under section 17 of the Child Nutrition Act
of 1966 [(7 U.S.C. 1786)] (42 U.S.C. 1786).
* * * * * * *
VIOLATIONS AND ENFORCEMENT
Sec. 15. (a) * * *
(b)(1) Subject to the provisions of paragraph (2) of this
subsection, whoever knowingly uses, transfers, acquires,
alters, or possesses benefits in any manner contrary to this
Act or the regulations issued pursuant to this Act shall, if
such benefits are of a value of $5,000 or more, be guilty of a
felony and shall be fined not more than $250,000 or imprisoned
for not more than twenty years, or both, and shall, if such
benefits are of a value of $100 or more, but less than $5,000,
or if the item used, transferred, acquired, altered, or
possessed is [an benefit] a benefit that has a value of $100 or
more, but less than $5,000, be guilty of a felony and shall,
upon the first conviction thereof, be fined not more than
$10,000 or imprisoned for not more than five years, or both,
and, upon the second and any subsequent conviction thereof,
shall be imprisoned for not less than six months nor more than
five years and may also be fined not more than $10,000 or, if
such benefits are of a value of less than $100, or if the item
used, transferred, acquired, altered, or processed is an
benefit that has a value of less than $100, shall be guilty of
a misdemeanor, and, upon the first conviction thereof, shall be
fined not more than $1,000 or imprisoned for not more than one
year, or both, and upon the second and any subsequent
conviction thereof, shall be imprisoned for not more than one
year and may also be fined not more than $1,000. In addition to
such penalties, any person convicted of a felony or misdemeanor
violation under this subsection may be suspended by the court
from participation in the supplemental nutrition assistance
program for an additional period of up to eighteen months
consecutive to that period of suspension mandated by section
6(b)(1) of this Act.
* * * * * * *
ADMINISTRATIVE COST-SHARING AND QUALITY CONTROL
Sec. 16. (a) Subject to subsection (k), the Secretary is
authorized to pay to each State agency an amount equal to 50
per centum of all administrative costs involved in each State
agency's operation of the supplemental nutrition assistance
program, which costs shall include, but not be limited to, the
cost of (1) the certification of applicant households, (2) the
acceptance, storage, protection, control, and accounting of
benefits after their delivery to receiving points within the
State, (3) the issuance of benefits to all eligible households,
(4) informational activities relating to the supplemental
nutrition assistance program, including those undertaken under
section 11(e)(1)(A), but not including recruitment activities,
(5) fair hearings, (6) automated data processing and
information retrieval systems subject to the conditions set
forth in subsection (g), (7) supplemental nutrition assistance
program investigations and prosecutions, and (8) implementing
and operating the immigration status verification system
established under section 1137(d) of the Social Security Act
(42 U.S.C. 1320b-7(d)): Provided, That the Secretary is
authorized at the Secretary's discretion to pay any State
agency administering the supplemental nutrition assistance
program on all or part of an Indian reservation under section
11(d) of this Act or in a Native village within the State of
Alaska identified in section 11(b) of Public Law 92-203[, as
amended.] such amounts for administrative costs as the
Secretary determines to be necessary for effective operation of
the supplemental nutrition assistance program, as well as to
permit each State to retain 35 percent of the value of all
funds or allotments recovered or collected pursuant to sections
6(b) and 13(c) and 20 percent of the value of any other funds
or allotments recovered or collected, except the value of funds
or allotments recovered or collected that arise from an error
of a State agency. The officials responsible for making
determinations of ineligibility under this Act shall not
receive or benefit from revenues retained by the State under
the provisions of this subsection.
* * * * * * *
[(d) Bonuses for States That Demonstrate High or Most
Improved Performance.--
[(1) Fiscal years 2003 and 2004.--
[(A) Guidance.--With respect to fiscal years
2003 and 2004, the Secretary shall establish,
in guidance issued to State agencies not later
than October 1, 2002--
[(i) performance criteria relating
to--
[(I) actions taken to correct
errors, reduce rates of error,
and improve eligibility
determinations; and
[(II) other indicators of
effective administration
determined by the Secretary;
and
[(ii) standards for high and most
improved performance to be used in
awarding performance bonus payments
under subparagraph (B)(ii).
[(B) Performance bonus payments.--With
respect to each of fiscal years 2003 and 2004,
the Secretary shall--
[(i) measure the performance of each
State agency with respect to the
criteria established under subparagraph
(A)(i); and
[(ii) subject to paragraph (3), award
performance bonus payments in the
following fiscal year, in a total
amount of $48,000,000 for each fiscal
year, to State agencies that meet
standards for high or most improved
performance established by the
Secretary under subparagraph (A)(ii).
[(2) Fiscal years 2005 and thereafter.--
[(A) Regulations.--With respect to fiscal
year 2005 and each fiscal year thereafter, the
Secretary shall--
[(i) establish, by regulation,
performance criteria relating to--
[(I) actions taken to correct
errors, reduce rates of error,
and improve eligibility
determinations; and
[(II) other indicators of
effective administration
determined by the Secretary;
[(ii) establish, by regulation,
standards for high and most improved
performance to be used in awarding
performance bonus payments under
subparagraph (B)(ii); and
[(iii) before issuing proposed
regulations to carry out clauses (i)
and (ii), solicit ideas for performance
criteria and standards for high and
most improved performance from State
agencies and organizations that
represent State interests.
[(B) Performance bonus payments.--With
respect to fiscal year 2005 and each fiscal
year thereafter, the Secretary shall--
[(i) measure the performance of each
State agency with respect to the
criteria established under subparagraph
(A)(i); and
[(ii) subject to paragraph (3), award
performance bonus payments in the
following fiscal year, in a total
amount of $48,000,000 for each fiscal
year, to State agencies that meet
standards for high or most improved
performance established by the
Secretary under subparagraph (A)(ii).
[(3) Prohibition on receipt of performance bonus
payments.--A State agency shall not be eligible for a
performance bonus payment with respect to any fiscal
year for which the State agency has a liability amount
established under subsection (c)(1)(C).
[(4) Payments not subject to judicial review.--A
determination by the Secretary whether, and in what
amount, to award a performance bonus payment under this
subsection shall not be subject to administrative or
judicial review.]
* * * * * * *
(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 for 15 months, from funds made
available for each fiscal year under section
18(a)(1), [$90,000,000] $79,000,000 for each
fiscal year.
* * * * * * *
[(5) The Secretary shall monitor the employment and training
programs carried out by State agencies under section 6(d)(4) to
measure their effectiveness in terms of the increase in the
numbers of household members who obtain employment and the
numbers of such members who retain such employment as a result
of their participation in such employment and training
programs.]
(5)(A) In general.--The Secretary shall monitor the
employment and training programs carried out by State
agencies under section 6(d)(4) and assess their
effectiveness in--
(i) preparing members of households
participating in the supplemental nutrition
assistance program for employment, including
the acquisition of basic skills necessary for
employment; and
(ii) increasing the numbers of household
members who obtain and retain employment
subsequent to their participation in such
employment and training programs.
(B) Reporting measures.--The Secretary, in
consultation with the Secretary of Labor, shall develop
reporting measures that identify improvements in the
skills, training education or work experience of
members of households participating in the supplemental
nutrition assistance program. Measures shall be based
on common measures of performance for federal workforce
training programs, so long as they reflect the
challenges facing the types of members of households
participating in the supplemental nutrition assistance
program who participate in a specific employment and
training component. The Secretary shall require that
each State employment and training plan submitted under
section 11(3)(19) identify appropriate reporting
measures for each of their proposed components that
serve at least 100 people. Such measures may include:
(i) the percentage and number of program
participants who received employment and
training services and are in unsubsidized
employment subsequent to the receipt of those
services;
(ii) the percentage and number of program
participants who obtain a recognized
postsecondary credential, including a
registered apprenticeship, or a regular
secondary school diploma or its recognized
equivalent, while participating in or within 1
year after receiving employment and training
services;
(iii) the percentage and number of program
participants who are in an education or
training program that is intended to lead to a
recognized postsecondary credential, including
a registered apprenticeship or on-the-job
training program, a regular secondary school
diploma or its recognized equivalent, or
unsubsidized employment;
(iv) subject to the terms and conditions set
by the Secretary, measures developed by each
State agency to assess the skills acquisition
of employment and training program participants
that reflect the goals of their specific
employment and training program components,
which may include, but are not limited to--
(I) the percentage and number of
program participants who are meeting
program requirements in each component
of the State's education and training
program; and
(II) the percentage and number of
program participants who are gaining
skills likely to lead to employment as
measured through testing, quantitative
or qualitative assessment or other
method; and
(v) other indicators as approved by the
Secretary.
(C) State report.--Each State agency shall annually
prepare and submit to the Secretary a report on the
State's employment and training program that includes
the numbers of supplemental nutrition assistance
program participants who have gained skills, training,
work or experience that will increase their ability to
obtain regular employment using measures identified in
subparagraph (B).
(D) Modifications to the state employment and
training plan.--Subject to the terms and conditions
established by the Secretary, if the Secretary
determines that the state agency's performance with
respect to employment and training outcomes is
inadequate, the Secretary may require the State agency
to make modifications to their employment and training
plan to improve such outcomes.
(E) Periodic evaluation.--
(i) In general.--Subject to terms and
conditions established by the Secretary, not
later than October 1, 2015, and not less
frequently than once every 5 years thereafter,
the Secretary shall conduct a study to review
existing practice and research to identify
employment and training program components and
practices that--
(I) effectively assist members of
households participating in the
supplemental nutrition assistance
program in gaining skills, training,
work, or experience that will increase
their ability to obtain regular
employment, and
(II) are best integrated with
statewide workforce development
systems.
(ii) Report to congress.--The Secretary shall
submit a report that describes the results of
the study under clause (i) to the Committee on
Agriculture in the House of Representatives,
and the Committee on Agriculture, Nutrition and
Forestry in the Senate.
* * * * * * *
RESEARCH, DEMONSTRATION, AND EVALUATIONS
Sec. 17. (a) * * *
* * * * * * *
(l) Cooperation With Program Research and Evaluation.--
States, State agencies, local agencies, institutions,
facilities such as data consortiums, and contractors
participating in programs authorized under this Act shall
cooperate with officials and contractors acting on behalf of
the Secretary in the conduct of evaluations and studies under
this Act and shall submit information at such time and in such
manner as the Secretary may require.
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
fiscal years 2008 through [2012] 2017. 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).
* * * * * * *
(e) Funds collected from claims against households or State
agencies, including claims collected pursuant to [sections
7(f)] section 7(f), subsections (g) and (h) of section 11,
subsections (b) and (c) of section 13, and section 16(c)(1),
claims resulting from resolution of audit findings, and claims
collected from households receiving overissuances, shall be
credited to the supplemental nutrition assistance program
appropriation account for the fiscal year in which the
collection occurs. Funds provided to State agencies under
section 16(c) of this Act shall be paid from the appropriation
account for the fiscal year in which the funds are provided.
* * * * * * *
SEC. 19. CONSOLIDATED BLOCK GRANTS FOR PUERTO RICO AND AMERICAN SAMOA.
(a) Payments to Governmental Entities.--
(1) * * *
(2) Block grants.--
(A) * * *
(B) Payments to commonwealth of puerto
rico.--
(i) * * *
* * * * * * *
(iii) Limitation on use of funds.--
None of the funds made available to the
Commonwealth of Puerto Rico under this
subparagraph may be used to provide
nutrition assistance in the form of
cash benefits.
* * * * * * *
MINNESOTA FAMILY INVESTMENT PROJECT
Sec. 22. (a) * * *
(b) Required Terms and Conditions of the Project.--The
application submitted by the State under subsection (a) shall
provide an assurance that the Project shall satisfy all of the
following requirements:
(1) * * *
* * * * * * *
(10)(A) * * *
(B)(i) Following the standards specified in
subparagraph (C), the State shall ensure that benefits
under the supplemental nutrition assistance program are
provided to participating families in case the Project
is terminated or to participating families or family
members that are determined ineligible for the Project
because of income, resources, or change in household
composition, if such families or individuals are
determined eligible for the supplemental nutrition
assistance program. [Food benefits] Benefits shall be
issued to eligible families and individuals described
in this clause retroactive to the date of termination
from the Project; and
* * * * * * *
SEC. 25. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
(a) Definitions.--In this section:
(1) Community food project.--In this section, the
term ``community food project'' means a community-based
project that--
(A) * * *
(B) is designed--
(i)(I) * * *
(II) to increase the self-reliance of
communities in providing for the food
needs of the communities; [and]
(III) to promote comprehensive
responses to local food, farm, and
nutrition issues; [or] and
(IV) to provide incentives
for the consumption of fruits
and vegetables among low-income
individuals; or
* * * * * * *
(b) Authority To Provide Assistance.--
(1) * * *
* * * * * * *
(3) Funding.--
(A) In general.--Out of any funds in the
Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary to carry out this section not less
than $10,000,000 for fiscal year 2013 and each
fiscal year thereafter. Of the amount made
available under this subparagraph for each such
fiscal year, $5,000,000 shall be available to
carry out subsection (a)(1)(B)(I)(IV).
(B) Receipt and acceptance.--The Secretary
shall be entitled to receive, shall accept, and
shall use to carry out this section, the funds
transferred under subparagraph (A) without
further appropriation.
(C) Maintenance of funding.--The funding
provided under subparagraph (A) shall
supplement (and not supplant) other Federal
funding made available to the Secretary to
carry out this section.
* * * * * * *
SEC. 26. SIMPLIFIED SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
(a) * * *
* * * * * * *
(f) Rules and Procedures.--
(1) * * *
* * * * * * *
(3) Requirements.--In operating a Program, a State or
political subdivision shall comply with the
requirements of--
(A) * * *
* * * * * * *
(C) [subsection] subsections (b) and (d) of
section 8;
* * * * * * *
SEC. 27. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE
PROGRAM.
(a) Purchase of Commodities.--
(1) In general.--From amounts made available to carry
out this Act, for each of the fiscal years [2008
through 2012] 2012 through 2017, the Secretary shall
purchase a dollar amount described in paragraph (2) 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)] (7 U.S.C. 7515).
(2) Amounts.--The Secretary shall use to carry out
paragraph (1)--
[(A) for fiscal year 2008, $190,000,000;
[(B) for fiscal year 2009, $250,000,000; and]
(A) for fiscal year 2012, $260,250,000;
(B) for fiscal year 2013 the dollar amount of
commodities specified in subparagraph (A)
adjusted by the percentage by which the thrifty
food plan has been adjusted under section
3(u)(4) between June 30, 2011 and June 30,
2012, and subsequently increased by
$20,000,000;
(C) for each of fiscal years [2010 through
2012, the dollar amount of commodities
specified in] 2014 through 2017, the total
amount of commodities under subparagraph (B)
adjusted by the percentage by which the thrifty
food plan has been adjusted under section
3(u)(4) between June 30, [2008] 2012, and June
30 of the immediately preceding fiscal year[.];
and
(D) for fiscal year 2013 the dollar amount of
commodities specified in subparagraph (B), and
for each of the fiscal years 2014 through 2017
the respective dollar amount of commodities
specified in subparagraph (C), increased by
$5,000,000.
* * * * * * *
SEC. 28. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT PROGRAM.
(a) * * *
(b) Programs.--Consistent with the terms and conditions of
grants awarded under this section, State agencies may implement
a nutrition education and obesity prevention program for
eligible individuals that promotes healthy food choices and
physical activity consistent with the most recent Dietary
Guidelines for Americans published under section 301 of the
National Nutrition Monitoring and Related Research Act of 1990
(7 U.S.C. 5341).
* * * * * * *
SEC. 29. RETAILER TRAFFICKING.
(a) Purpose.--The purpose of this section is to provide the
Department of Agriculture with additional resources to prevent
trafficking in violation of this Act by strengthening recipient
and retailer program integrity. Additional funds are provided
to supplement the Department's payment accuracy, and retailer
and recipient integrity activities.
(b) Funding.--
(1) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this
section not less than $5,000,000 for fiscal year 2013
and each fiscal year thereafter.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
paragraph (1) without further appropriation.
(3) Maintenance of funding.--The funding provided
under paragraph (1) shall supplement (and not supplant)
other Federal funding for programs carried out under
this Act.
* * * * * * *
----------
LOW-INCOME HOME ENERGY ASSISTANCE ACT OF 1981
* * * * * * *
TITLE XXVI--LOW-INCOME HOME ENERGY ASSISTANCE
* * * * * * *
APPLICATIONS AND REQUIREMENTS
Sec. 2605. (a) * * *
* * * * * * *
(f)(1) * * *
(2) For purposes of paragraph (1) of this subsection and for
purposes of determining any excess shelter expense deduction
under section 5(e) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(e))--
(A) the full amount of such payments or allowances
shall be deemed to be expended by such household for
heating or cooling expenses, without regard to whether
such payments or allowances are provided directly to,
or indirectly for the benefit of, such household,
except that, for purposes of the supplemental nutrition
assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such
payments or allowances exceed $10 or a higher amount
annually, as determined by the Secretary of Agriculture
in accordance with section 5(e)(6)(C)(iv)(I) of that
Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)); and
* * * * * * *
----------
EMERGENCY FOOD ASSISTANCE ACT OF 1983
* * * * * * *
TITLE II--EMERGENCY FOOD ASSISTANCE ACT OF 1983
* * * * * * *
SEC. 209. EMERGENCY FOOD PROGRAM INFRASTRUCTURE GRANTS.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $15,000,000 for each
of fiscal years 2008 through [2012] 2017.
* * * * * * *
----------
OLDER AMERICANS ACT OF 1965
* * * * * * *
TITLE V--COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT
* * * * * * *
SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND [FOOD STAMP
PROGRAMS] SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM.
Funds received by eligible individuals from projects carried
out under the program established under this title shall not be
considered to be income of such individuals for purposes of
determining the eligibility of such individuals, or of any
other individuals, to participate in any housing program for
which Federal funds may be available or for any income
determination under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.).
* * * * * * *
----------
TITLE 31 OF THE UNITED STATES CODE
* * * * * * *
SUBTITLE III--FINANCIAL MANAGEMENT
* * * * * * *
CHAPTER 38--ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS
* * * * * * *
Sec. 3803. Hearing and determinations
(a) * * *
* * * * * * *
----------
SECTION 115 OF THE PERSONAL RESPONSIBILITY AND WORKFORCE INVESTMENT ACT
OF 1996
SEC. 115. DENIAL OF ASSISTANCE AND BENEFITS FOR CERTAIN DRUG-RELATED
CONVICTIONS.
(a) In General.--An individual convicted (under Federal or
State law) of any offense which is classified as a felony by
the law of the jurisdiction involved and which has as an
element the possession, use, or distribution of a controlled
substance (as defined in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6))) shall not be eligible for--
(1) * * *
(2) benefits under the food stamp program (as defined
in [section 3(l)] section 3(s) of the Food Stamp Act of
1977) or any State program carried out under the Food
Stamp Act of 1977.
(b) Effects on Assistance and Benefits for Others.--
(1) * * *
(2) Benefits under the food stamp act of 1977.--The
amount of benefits otherwise required to be provided to
a household under the food stamp program (as defined in
[section 3(l)] section 3(s) of the Food Stamp Act of
1977), or any State program carried out under the Food
Stamp Act of 1977, shall be determined by considering
the individual to whom subsection (a) applies not to be
a member of such household, except that the income and
resources of the individual shall be considered to be
income and resources of the household.
* * * * * * *
----------
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 2008 through [2012] 2017,
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]
Food and Nutrition Act of 2008 (section 2013(b) of this title).
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) Grants Per Assigned Caseload Slot.--
(1) In general.--In carrying out the program under
section 4 (referred to in this section as the
``commodity supplemental food program''), for each of
fiscal years 2008 through [2012] 2017, the Secretary
shall provide to each State agency from funds made
available to carry out that section (including any such
funds remaining available from the preceding fiscal
year), a grant per assigned caseload slot for
administrative costs incurred by the State agency and
local agencies in the State in operating the commodity
supplemental food program.
(2) Amount of grants.--
(A) * * *
(B) Subsequent fiscal years.--For each of
fiscal years 2004 through [2012] 2017, the
amount of each grant per assigned caseload slot
shall be equal to the amount of the grant per
assigned caseload slot for the preceding fiscal
year, adjusted by the percentage change
between--
(i) * * *
* * * * * * *
(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 fiscal years 2008 through
[2012] 2017 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.
* * * * * * *
[(g) Prohibition.--Notwithstanding any other provision of law
(including regulations), the Secretary may not require a State
or local agency to prioritize assistance to a particular group
of individuals that are--
[(1) low-income persons aged 60 and older; or
[(2) women, infants, and children.]
(g) Eligibility.--Except as provided in subsection (m), the
States shall only provide assistance under the commodity
supplemental food program to low-income individuals aged 60 and
older.
* * * * * * *
(i) Each State agency administering a commodity supplemental
food program serving elderly persons shall ensure that written
information is provided on at least one occasion to each
elderly participant in or applicant for the commodity
supplemental food program for the elderly concerning--
(1) food stamps provided under the [Food Stamp Act of
1977] Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.);
* * * * * * *
(l) Use of Approved Food Safety Technology.--
(1) * * *
(2) Programs.--A program referred to in paragraph (1)
is a program authorized under--
(A) * * *
(B) the [Food Stamp Act of 1977] Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
* * * * * * *
(m) Phase-out.--Notwithstanding any other provision of law,
an individual who receives assistance under the commodity
supplemental food program on the day before the effective date
of this subsection shall continue to receive that assistance
until the date on which the individual no longer qualifies for
assistance under the eligibility criteria for the program in
effect on the day before the effective date of this subsection.
----------
SOCIAL SECURITY ACT
* * * * * * *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH
CHILDREN AND FOR CHILD-WELFARE SERVICES
* * * * * * *
Part D--Child Support and Establishment of Paternity
* * * * * * *
FEDERAL PARENT LOCATOR SERVICE
Sec. 453. (a) * * *
* * * * * * *
(j) Information Comparisons and Other Disclosures.--
(1) * * *
* * * * * * *
(10) Information comparisons and disclosure to assist
in administration of [food stamp] supplemental
nutrition assistance programs.--
(A) * * *
* * * * * * *
TITLE XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE
SIMPLIFICATION
Part A--General Provisions
* * * * * * *
INCOME AND ELIGIBILITY VERIFICATION SYSTEM
Sec. 1137. (a) In order to meet the requirements of this
section, a State must have in effect an income and eligibility
verification system which meets the requirements of subsection
(d) and under which--
(1) * * *
* * * * * * *
(5) adequate safeguards are in effect so as to assure
that--
(A) * * *
(B) the information is adequately protected
against unauthorized disclosure for other
purposes, as provided in regulations
established by the Secretary of Health and
Human Services, or, in the case of the
unemployment compensation program, the
Secretary of Labor, or, in the case of the
[food stamp] supplemental nutrition assistance
program, the Secretary of Agriculture, or in
the case of information released pursuant to
section 6103(l) of the Internal Revenue Code of
1954, the Secretary of the Treasury;
* * * * * * *
(b) The programs which must participate in the income and
eligibility verification system are--
(1) * * *
* * * * * * *
(4) the [food stamp program under the Food Stamp Act
of 1977] supplemental nutrition assistance program
under the Food and Nutrition Act of 2008; and
* * * * * * *
TITLE XVI--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
* * * * * * *
Part B--Procedural and General Provisions
PAYMENTS AND PROCEDURES
Payment of Benefits
Sec. 1631. (a) * * *
* * * * * * *
CONCURRENT SSI AND [FOOD STAMP] SUPPLEMENTAL NUTRITION ASSISTANCE
APPLICATIONS BY INSTITUTIONALIZED INDIVIDUALS
(n) The Commissioner of Social Security and the Secretary of
Agriculture shall develop a procedure under which an individual
who applies for supplemental security income benefits under
this title shall also be permitted to apply at the same time
for participation in the supplemental nutrition assistance
program authorized under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.).
* * * * * * *
----------
AGRICULTURE AND FOOD ACT OF 1981
DISTRIBUTION OF SURPLUS COMMODITIES; SPECIAL NUTRITION PROJECTS
Sec. 1114. (a)(1) * * *
(2)(A) For each of fiscal years 2008 through [2012] 2017,
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.
* * * * * * *
----------
COMMODITY DISTRIBUTION REFORM ACT AND WIC AMENDMENTS OF 1987
* * * * * * *
SEC. 3. COMMODITY DISTRIBUTION PROGRAM REFORMS.
(a) Commodities Specifications.--
(1) * * *
(2) Applicability.--Paragraph (1) shall apply to--
(A) * * *
[(B) the program established under section
4(b) of the Food Stamp Act of 1977 (7 U.S.C.
2013(b));]
(B) the program established under section
4(b) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(b));
* * * * * * *
(3) Advisory council.--(A) * * *
* * * * * * *
(D) The council shall report annually to the
Secretary of Agriculture, [the Committee on Education
and Labor] the Committee on Education and the Workforce
and the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
* * * * * * *
(b) Duties of Secretary With Respect to Provision of
Commodities.--With respect to the provision of commodities to
recipient agencies, the Secretary shall--
(1) before the end of the 270-day period beginning on
the date of the enactment of this Act [Jan. 8, 1988]--
(A) implement a system to provide recipient
agencies with options with respect to package
sizes and forms of such commodities, based on
information received from such agencies under
subsection (f)(2), taking into account the duty
of the Secretary--
(i) * * *
(ii) to purchase surplus agriculture
commodities through [section 32 of the
Agricultural Adjustment Act (7 U.S.C.
601 et seq.)] section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c); and
* * * * * * *
(e) Regulations.--
(1) In general.--The Secretary shall provide by
regulation for--
(A) * * *
* * * * * * *
(D) delivery schedules for the distribution
of commodities and products that are consistent
with the needs of eligible recipient agencies,
taking into account the duty of the Secretary--
(i) * * *
* * * * * * *
(iii) to make direct purchases of
agricultural commodities and other
foods for distribution to recipient
agencies under--
(I) * * *
[(II) the program established
under section 4(b) of the Food
Stamp Act of 1977 (7 U.S.C.
2013(b)); and]
(II) the program established
under section 4(b) of the Food
and Nutrition Act of 2008 (7
U.S.C. 2013(b));
* * * * * * *
(k) Report.--Not later than January 1, 1989, the Secretary
shall submit to [the Committee on Education and Labor] the
Committee on Education and the Workforce and the Committee on
Agriculture of the House of Representatives and to the
Committee on Agriculture, Nutrition, and Forestry of the Senate
a report on the implementation and operation of this section.
* * * * * * *
SEC. 17. [COMMODITY DONATIONS] COMMODITY DONATIONS AND PROCESSING.
(a) * * *
* * * * * * *
(c) Processing.--For any program included in subsection (b),
the Secretary may, notwithstanding any other provision of State
or Federal law relating to the procurement of goods and
services--
(1) retain title to commodities delivered to a
processor, on behalf of a State (including a State
distributing agency and a recipient agency), until such
time as end products containing such commodities, or
similar commodities as approved by the Secretary, are
delivered to a State distributing agency or to a
recipient agency; and
(2) promulgate regulations to ensure accountability
for commodities provided to a processor for processing
into end products, and to facilitate processing of
commodities into end products for use by recipient
agencies. Such regulations may provide that--
(A) a processor that receives commodities for
processing into end products, or provides a
service with respect to such commodities or end
products, in accordance with its agreement with
a State distributing agency or a recipient
agency, provide to the Secretary a bond or
other means of financial assurance to protect
the value of such commodities; and
(B) in the event a processor fails to deliver
to a State distributing agency or a recipient
agency an end product in conformance with the
processing agreement entered into under this
Act, the Secretary take action with respect to
the bond or other means of financial assurance
pursuant to regulations promulgated under this
paragraph and distribute any proceeds obtained
by the Secretary to one or more State
distributing agencies and recipient agencies as
determined appropriate by the Secretary.
SEC. 18. DEFINITIONS.
For purposes of this Act:
[(1) The term ``donated commodities'' means
agricultural commodities and their products that are
donated by the Secretary to recipient agencies.
[(2) The term ``entitlement commodities'' means
agricultural commodities and their products that are
donated and charged by the Secretary against
entitlements established under programs authorized by
statute to receive such commodities.]
(1) The term ``commodities'' means agricultural
commodities and their products that are donated by the
Secretary for use by recipient agencies.
(2) The term ``end product'' means a food product
that contains processed commodities.
----------
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
* * * * * * *
SEC. 19. [FRESH] FRUIT AND VEGETABLE PROGRAM.
(a) In General.--For the school year beginning July 2008 and
each subsequent school year, the Secretary shall provide grants
to States to carry out a program to make free [fresh] fruits
and vegetables available in elementary schools (referred to in
this section as the ``program'').
(b) Program.--A school participating in the program shall
make free [fresh] fruits and vegetables available to students
throughout the school day (or at such other times as are
considered appropriate by the Secretary) in 1 or more areas
designated by the school.
* * * * * * *
(e) Notice of Availability.--If selected to participate in
the program, a school shall widely publicize within the school
the availability of free [fresh] fruits and vegetables under
the program.
* * * * * * *
----------
CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT
* * * * * * *
TITLE III--AGRICULTURAL CREDIT
* * * * * * *
Subtitle A--Real Estate Loans
* * * * * * *
SEC. 302. PERSONS ELIGIBLE FOR REAL ESTATE LOANS.
[(a) In General.--The]
(a) In General.--
(1) Eligibility requirements.--The Secretary may make
and insure loans under this subtitle to farmers and
ranchers in the United States, and to farm cooperatives
and private domestic corporations, partnerships, joint
operations, trusts, and limited liability companies,
and such other legal entities as the Secretary deems
appropriate, 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,
joint operations, trusts, [and limited liability
companies] limited liability companies, and such other
legal entities, individuals holding a majority interest
in such entity, must [(1)] (A) be citizens of the
United States, [(2)] (B) 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, taking into consideration all farming
experience of the applicant, without regard to any
lapse between farming experiences, [(3)] (C) be or will
become owner-operators of not larger than family farms
(or in the case of cooperatives, corporations,
partnerships, joint operations, trusts, [and limited
liability companies] limited liability companies, and
such other legal entities 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)] (D) 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, joint
operations, trusts, [and limited liability companies]
limited liability companies, and such other legal
entities, the family farm requirement of clause [(3)]
(C) 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)] (D) of the preceding sentence shall apply as well
to the entity in the case of cooperatives,
corporations, partnerships, joint operations, trusts,
[and limited liability companies] limited liability
companies, and such other legal entities.
(2) Special deeming rules.--
(A) Eligibility of certain operating-only
entities.--An entity that is or will become
only the operator of a family farm is deemed to
meet the owner-operator requirements of
paragraph (1) if the individuals that are the
owners of the family farm own more than 50
percent (or such other percentage as the
Secretary determines is appropriate) of the
entity.
(B) Eligibility of certain embedded
entities.--An entity that is an owner-operator
described in paragraph (1), or an operator
described in subparagraph (A) of this paragraph
that is owned, in whole or in part, by other
entities, is deemed to meet the direct
ownership requirement imposed under paragraph
(1) if at least 75 percent of the ownership
interests of each embedded entity of such
entity is owned directly or indirectly by the
individuals that own the family farm.
(b) Direct Loans.--
(1) In general.--Subject to paragraph (3), the
Secretary may make a direct loan under this subtitle
only to a farmer or rancher who has participated in the
business operations of a farm or ranch for not less
than 3 years or has other acceptable experience for a
period of time, as determined by the Secretary, and--
(A) * * *
* * * * * * *
SEC. 304. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
(a) * * *
* * * * * * *
(c) Eligibility.--
(1) In general.--The Secretary may make or guarantee
loans to farmers or ranchers in the United States, farm
cooperatives, private domestic corporations,
partnerships, joint operations, trusts, or limited
liability companies, or such other legal entities as
the Secretary deems appropriate, that are controlled by
farmers or ranchers and engaged primarily and directly
in agricultural production in the United States.
(2) Requirements.--To be eligible for a loan under
this section, applicants shall meet the requirements in
[paragraphs (1) and (2) of section 302(a)] clauses (A)
and (B) of section 302(a)(1).
* * * * * * *
(e) Limitations Applicable to Loan Guarantees.--The portion
of a loan that the Secretary may guarantee under this section
shall be [75 percent] 90 percent of the principal amount of the
loan.
* * * * * * *
(h) Authorization of Appropriations.--For each of fiscal
years 2008 through [2012] 2017, there are authorized to be
appropriated to the Secretary such funds as are necessary to
carry out this section.
* * * * * * *
Sec. 306. (a)(1) * * *
(2) Water, waste disposal, and wastewater facility
grants.--
(A) * * *
(B) Revolving funds for financing water and
wastewater projects.--
(i) * * *
* * * * * * *
(vii) Authorization of
appropriations.--There are authorized
to be appropriated to carry out this
subparagraph [$30,000,000 for each of
fiscal years 2008 through 2012]
$15,000,000 for each of fiscal years
2013 through 2017.
* * * * * * *
(11) Rural business opportunity grants.--
(A) * * *
* * * * * * *
(D) Authorization of appropriations.--There
are authorized to be appropriated to carry out
this paragraph [$15,000,000 for each of fiscal
years 2008 through 2012] $15,000,000 for each
of fiscal years 2013 through 2017.
* * * * * * *
(19) Community facilities grant program.--
(A) * * *
* * * * * * *
[(C) Reservation of funds for child day care
facilities.--
[(i) In general.--For each fiscal
year, not less than 10 percent of the
funds made available to carry out this
paragraph shall be reserved for grants
to pay the Federal share of the cost of
developing and constructing day care
facilities for children in rural areas.
[(ii) Release.--Funds reserved under
clause (i) for a fiscal year shall be
reserved only until June 1 of the
fiscal year.]
* * * * * * *
[(22) Rural water and wastewater circuit rider
program.--
[(A) In general.--The Secretary shall
establish a national rural water and wastewater
circuit rider program that is based on the
rural water circuit rider program of the
National Rural Water Association that (as of
the date of enactment of this paragraph)
receives funding from the Secretary, acting
through the Rural Utilities Service.
[(B) Relationship to existing program.--The
program established under subparagraph (A)
shall not affect the authority of the Secretary
to carry out the circuit rider program for
which funds are made available under the
heading ``rural community advancement program''
in title III of the Agriculture, Rural
Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002 (115
Stat. 719).
[(C) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this paragraph $25,000,000 for fiscal year 2008
and each fiscal year thereafter.]
(22) Rural water and wastewater circuit rider
program.--
(A) In general.--The Secretary shall continue
a national rural water and wastewater circuit
rider program that--
(i) is consistent with the activities
and results of the program conducted
before the date of enactment of this
paragraph, as determined by the
Secretary; and
(ii) receives funding from the
Secretary, acting through the Rural
Utilities Service.
(B) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this paragraph $20,000,000 for fiscal year 2013
and each fiscal year thereafter.
* * * * * * *
(25) Tribal college and university essential
community facilities.--
(A) * * *
* * * * * * *
(C) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this paragraph [$10,000,000 for each of fiscal
years 2008 through 2012] $5,000,000 for each of
fiscal years 2013 through 2017.
* * * * * * *
SEC. 306A. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT
PROGRAM.
(a) * * *
* * * * * * *
(i) Funding.--
(1) * * *
(2) Authorization of appropriations.--In addition to
funds made available under paragraph (1), there is
authorized to be appropriated to carry out this section
[$35,000,000 for each of fiscal years 2008 through
2012] $27,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
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) * * *
* * * * * * *
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section [$10,000,000 for each
of fiscal years 2008 through 2012] $5,000,000 for each of
fiscal years 2013 through 2017.
Sec. 307. (a) * * *
* * * * * * *
[(d) With respect to a farm ownership loan made after the
date of the enactment of this subsection, unless appraised
values of the rights to oil, gas, or other minerals are
specifically included as part of the appraised value of
collateral securing the loan, the rights to oil, gas, or other
minerals located under the property shall not be considered
part of the collateral securing the loan. Nothing in this
subsection shall prevent the inclusion of, as part of the
collateral securing the loan, any payment or other compensation
the borrower may receive for damages to the surface of the
collateral real estate resulting from the exploration for or
recovery of minerals.]
[(e)] (d) The Secretary may not--
(1) * * *
* * * * * * *
SEC. 310B. ASSISTANCE FOR RURAL ENTITIES.
(a) Loans to Private Business Enterprises.--
(1) * * *
(2) Loan purposes.--The Secretary may make and insure
loans to public, private, or cooperative organizations
organized for profit or nonprofit and private
investment funds that invest primarily in cooperative
organizations, to Indian tribes on Federal and State
reservations or other federally recognized Indian
tribal groups, or to individuals for the purposes of--
(A) improving, developing, or financing
business, industry, and employment including
working capital and improving the economic and
environmental climate in rural communities,
including pollution abatement and control;
* * * * * * *
(e) Rural Cooperative Development Grants.--
(1) * * *
* * * * * * *
(12) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection [$50,000,000 for each of fiscal years 2008
through 2012] $40,000,000 for each of fiscal years 2013
through 2017.
* * * * * * *
(g) Business and Industry Direct and Guaranteed Loans.--
(1) * * *
* * * * * * *
(7) Intangible assets.--In determining whether a
cooperative organization is eligible for a guaranteed
business and industry loan, the Secretary may consider
the market value of a properly appraised brand name,
patent, or trademark of the cooperative. In the
discretion of the Secretary, if the Secretary
determines that the action would not create or
otherwise contribute to an unreasonable risk of default
or loss to the Federal Government, the Secretary may
take account receivables as security for the
obligations entered into in connection with loans and a
borrower may use account receivables as collateral to
secure a loan made or guaranteed under this subsection.
* * * * * * *
(9) Locally or regionally produced agricultural food
products.--
(A) * * *
(B) Loan and loan guarantee program.--
(i) * * *
* * * * * * *
(v) Reservation of funds.--
(I) In general.--For each of
fiscal years 2008 through
[2012] 2017, the Secretary
shall reserve not less than 5
percent and not more than 7
percent of the funds made
available to carry out this
subsection to carry out this
subparagraph.
* * * * * * *
Sec. 310D. (a) The Secretary is authorized to make and insure
loans for any of the purposes referred to in section 303(a), or
paragraphs (1) through (5) of section 304(a), to farmers and
ranchers in the United States who (1) are citizens of the
United States, (2) meet the requirements of paragraphs (2)
through (4) of section 302, (3) are unable to obtain sufficient
credit under section 302 to finance their actual needs, (4) are
owners or operators of small or family farms (including new
owners or operators), (5) are farmers or ranchers with a low
income, and (6) demonstrate a need to maximize their income
from farming or ranching operations. The Secretary is also
authorized to make such loans to any farm cooperative or
private domestic corporation or partnership, or such other
legal entities as the Secretary deems appropriate, that is
controlled by farmers and ranchers and engaged primarily and
directly in farming or ranching in the United States if all of
its members, stockholders, [or partners] partners, or owners,
as applicable, are citizens of the United States and the entity
and all such members, stockholders, [or partners] partners, or
owners meet the requirements of paragraphs (2) through (6) of
the preceding sentence.
* * * * * * *
SEC. 310E. DOWN PAYMENT LOAN PROGRAM.
(a) * * *
(b) Loan Terms.--
(1) Principal.--Each loan made under this section
shall be in an amount that does not exceed 45 percent
of the least of--
(A) * * *
* * * * * * *
(C) [$500,000] $667,000.
* * * * * * *
[(2) Interest rate.--The interest rate on any loan
made by the Secretary under this section shall be 4
percent.]
* * * * * * *
SEC. 310H. INTERMEDIARY RELENDING PROGRAM.
(a) In General.--The Secretary shall make loans to the
entities, for the purposes, and subject to the terms and
conditions specified in the 1st, 2nd, and last sentences of
section 623(a) of the Community Economic Development Act of
1981 (42 U.S.C. 9812(a)).
(b) Limitations on Authorization of Appropriations.--For
loans under subsection (a), there are authorized to be
appropriated to the Secretary not more than $10,000,000 for
each of fiscal years 2013 through 2017.
Subtitle B--Operating Loans
SEC. 311. PERSONS ELIGIBLE FOR LOANS.
[(a) In General.--The]
(a) In General.--
(1) Eligibility requirements.--The Secretary may make
and insure loans under this subtitle to farmers and
ranchers in the United States, and to farm cooperatives
and private domestic corporations, partnerships, joint
operations, trusts, and limited liability companies,
and such other legal entities as the Secretary deems
appropriate, 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,
joint operations, trusts, [and limited liability
companies] limited liability companies, and such other
legal entities, individuals holding a majority interest
in such entity, must [(1)] (A) be citizens of the
United States, [(2)] (B) 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, taking into consideration all farming
experience of the applicant, without regard to any
lapse between farming experiences, [(3)] (C) be or will
become operators of not larger than family farms (or in
the case of cooperatives, corporations, partnerships,
joint operations, trusts, [and limited liability
companies] limited liability companies, and such other
legal entities 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)]
(D) 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, joint operations,
trusts, [and limited liability companies] limited
liability companies, and such other legal entities, the
family farm requirement of clause [(3)] (C) 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)] (D) of the preceding
sentence shall apply as well to the entity in the case
of cooperatives, corporations, partnerships, joint
operations, trusts, [and limited liability companies]
limited liability companies, and such other legal
entities.
(2) Special deeming rule.--An entity that is an
operator described in paragraph (1) that is owned, in
whole or in part, by other entities, is deemed to meet
the direct ownership requirement imposed under
paragraph (1) if at least 75 percent of the ownership
interests of each embedded entity of such entity is
owned directly or indirectly by the individuals that
own the family farm.
(b)(1) Loans may also be made under this subtitle without
regard to the requirements of clauses (2) and (3) of subsection
(a) to youths [who are rural residents] to enable them to
operate enterprises in connection with their participation in
4-H Clubs, Future Farmers of America, and similar
organizations.
* * * * * * *
(5) The Secretary may, on a case by case basis, waive the
personal liability of a borrower for a loan made under this
subsection if any default on the loan was due to circumstances
beyond the control of the borrower.
(c) Direct Loans.--
(1) * * *
[(2) Youth loans.--In this subsection, the term
``direct operating loan'' shall not include a loan made
to a youth under subsection (b).]
(2) Exceptions.--In this subsection, the term
``direct operating loan'' shall not include--
(A) a loan made to a youth under subsection
(b); or
(B) a microloan made to a young beginning
farmer or rancher or a military veteran farmer,
as defined by the Secretary.
* * * * * * *
SEC. 312. PURPOSES OF LOANS.
(a) In General.--A direct loan (including a microloan, as
defined by the Secretary) may be made under this subtitle only
for--
(1) * * *
* * * * * * *
SEC. 313. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
(a) * * *
* * * * * * *
(c) Microloans.--
(1) In general.--Subject to paragraph (2), the
Secretary may establish a program to make or guarantee
microloans.
(2) Limitation.--The Secretary shall not make or
guarantee a microloan under this subsection that
exceeds $35,000 or that would cause the total principal
indebtedness outstanding at any 1 time for microloans
made under this chapter to any 1 borrower to exceed
$70,000.
(3) Applications.--To the maximum extent practicable,
the Secretary shall limit the administrative burdens
and streamline the application and approval process for
microloans under this subsection.
(4) Cooperative lending projects.--
(A) In general.--Subject to subparagraph (B),
the Secretary may contract with community-based
and nongovernmental organizations, State
entities, or other intermediaries, as the
Secretary determines appropriate--
(i) to make or guarantee a microloan
under this subsection; and
(ii) to provide business, financial,
marketing, and credit management
services to borrowers.
(B) Requirements.--Before contracting with an
entity described in subparagraph (A), the
Secretary--
(i) shall review and approve--
(I) the loan loss reserve
fund for microloans established
by the entity; and
(II) the underwriting
standards for microloans of the
entity; and
(ii) establish such other
requirements for contracting with the
entity as the Secretary determines
necessary.
* * * * * * *
Sec. 316. (a)(1) * * *
(2) The interest rate on a microloan to a beginning farmer or
rancher or military veteran farmer or any loan (other than a
guaranteed loan) to a low income, limited resource borrower
under this subtitle shall not be--
(A) * * *
* * * * * * *
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 or ranchers (including equine farmers or 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)] (in the case of farm ownership
loans in accordance with subtitle A) owner-operators or
operators, or (in the case of loans for a purpose under
subtitle B) operators of not larger than family farms, and (2)
farm cooperatives, private domestic corporations, partnerships,
joint operations, trusts, or limited liability companies, or
such other legal entities as the Secretary deems appropriate
(A) that are engaged primarily in farming or ranching
(including equine farming or 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)] (in the
case of farm ownership loans in accordance with subtitle A)
owner-operators or operators, or (in the case of loans for a
purpose under subtitle B) operators of not larger than family
farms (or in the case of such cooperatives, corporations,
partnerships, joint operations, trusts, or limited liability
companies, or other legal entities 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 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), 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 (42 U.S.C. 5121 et
seq.): 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,
joint operations, trusts, [and limited liability companies,]
limited liability companies, and such other legal entities the
family farm requirement of the preceding sentence shall apply
as well to all farms in which the entity has an [ownership and
operator] ownership or 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
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),
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 (42
U.S.C. 5121 et seq.). The Secretary shall accept applications
for assistance under this subtitle from persons affected by
such a quarantine 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 quarantine
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. An entity that is an
owner-operator or operator described in this subsection is
deemed to meet the direct ownership requirement imposed under
this subsection if at least 75 percent of the ownership
interests of each embedded entity of such entity is owned
directly or indirectly by the individuals that own the family
farm.
* * * * * * *
Subtitle D--Administrative Provisions
* * * * * * *
Sec. 333A. (a) * * *
* * * * * * *
(h) Simplified Application Forms.--Except as provided in
subsection (g)(2) of this section, the Secretary shall, to the
maximum extent practicable, develop a simplified application
process, including a single page application where possible,
for grants and relending authorized under sections 306, 306C,
306D, 306E, 310B(b), 310B(c), 310B(e), 310B(f), 310H, 379B, and
379E.
SEC. 333B. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT ACCOUNTS
PILOT PROGRAM.
(a) * * *
* * * * * * *
(h) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $5,000,000 for each
of fiscal years 2008 through [2012] 2017.
* * * * * * *
Sec. 343. (a) As used in this title:
(1) * * *
* * * * * * *
(11) The term ``qualified beginning farmer or
rancher'' means an applicant, regardless of whether the
applicant is participating in a program under section
310E--
(A) * * *
* * * * * * *
(C) in the case of a cooperative,
corporation, partnership, or joint operation,
or such other legal entity as the Secretary
deems appropriate, who has members,
stockholders, partners, [or joint operators]
joint operators, or owners who are all related
to one another by blood or marriage;
(D)(i) in the case of an owner and operator
of a farm or ranch, who--
(I) * * *
(II)(aa) in the case of a loan made
to a cooperative, corporation,
partnership, or joint operation, or
such other legal entity, has members,
stockholders, partners, [or joint
operators] joint operators, or owners,
materially and substantially
participate in the operation of the
farm or ranch; and
* * * * * * *
(ii) in the case of an applicant seeking to
own and operate a farm or ranch, who--
(I) * * *
(II)(aa) in the case of a loan made
to a cooperative, corporation,
partnership, or joint operation, or
such other legal entity, will have
members, stockholders, partners, [or
joint operators] joint operators, or
owners, materially and substantially
participate in the operation of the
farm or ranch; and
* * * * * * *
(F) who does not own land or who, directly or
through interests in family farm corporations,
owns land, the aggregate acreage of which does
not exceed 30 percent of the [median acreage]
average acreage of the farms or ranches, as the
case may be, in the county in which the farm or
ranch operations of the applicant are located,
as reported in the most recent census of
agriculture, except that this subparagraph
shall not apply to a loan made or guaranteed
under subtitle B; and
* * * * * * *
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 for
not more than $4,226,000,000 for each of fiscal years
2008 through [2012] 2017, of which, for each fiscal
year--
(A) * * *
* * * * * * *
(2) Beginning farmers and ranchers.--
(A) Direct loans.--
(i) Farm ownership loans.--
(I) * * *
* * * * * * *
(III) Priority.--In order to
maximize the number of
borrowers served under this
clause, the Secretary--
(aa) shall give
priority to applicants
who apply under the
down payment loan
program under section
310E or joint financing
arrangements under
section 307(a)(3)(D);
and
(bb) may offer other
financing options under
this subtitle to
applicants only if the
Secretary determines
that down payment or
other participation
loan options are not a
viable approach for the
applicants.
(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 2008 through [2012] 2017,
an amount that is not less than
50 percent [of the total
amount].
* * * * * * *
SEC. 359. BORROWER TRAINING.
(a) * * *
* * * * * * *
(c) Eligibility for Loans.--
(1) * * *
(2) Loan conditions.--The need of a borrower who
satisfies the criteria set out in [section 302(a)(2) or
311(a)(2)] section 302(a)(1)(B) or 311(a)(1)(B) for
management assistance under this section shall not be
cause for denial of eligibility of the borrower for a
direct loan under this title.
* * * * * * *
SEC. 375. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER.
(a) * * *
* * * * * * *
(e) Revolving Fund.--
(1) * * *
* * * * * * *
(6) Funding.--
(A) * * *
* * * * * * *
(C) Authorization of appropriations.--There
is authorized to be appropriated to the
Secretary to carry out this section $10,000,000
for each of fiscal years 2008 through [2012]
2017.
* * * * * * *
SEC. 378. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
(a) * * *
* * * * * * *
(h) Termination.--The authority provided under this section
shall terminate on September 30, [2012] 2017.
* * * * * * *
SEC. 379B. GRANTS FOR NOAA WEATHER RADIO TRANSMITTERS.
(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 2008 through 2012.]
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $1,000,000 for each
of fiscal years 2013 through 2017.
* * * * * * *
SEC. 379E. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
(a) * * *
* * * * * * *
(d) Funding.--
(1) * * *
(2) Discretionary funding.--In addition to amounts
made available under paragraph (1), there are
authorized to be appropriated to carry out this section
[$40,000,000 for each of fiscal years 2009 through
2012] $20,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
Subtitle F--Delta Regional Authority
* * * * * * *
SEC. 382M. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Authority to carry out this subtitle [$30,000,000 for each
of fiscal years 2008 through 2012] $12,000,000 for each of
fiscal years 2013 through 2017, to remain available until
expended.
* * * * * * *
SEC. 382N. TERMINATION OF AUTHORITY.
This subtitle and the authority provided under this subtitle
expire on October 1, [2012] 2017.
Subtitle G--Northern Great Plains Regional Authority
* * * * * * *
SEC. 383N. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Authority to carry out this subtitle [$30,000,000 for each
of fiscal years 2008 through 2012] $2,000,000 for each of
fiscal years 2013 through 2017, to remain available until
expended.
* * * * * * *
SEC. 383O. TERMINATION OF AUTHORITY.
The authority provided by this subtitle terminates effective
October 1, [2012] 2017.
Subtitle H--Rural Business Investment Program
* * * * * * *
SEC. 384S. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
subtitle [$50,000,000 for the period of fiscal years 2008
through 2012] $20,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
----------
AGRICULTURAL CREDIT ACT OF 1987
* * * * * * *
TITLE V--STATE MEDIATION PROGRAMS
Subtitle A--Matching Grants for State Mediation Programs
* * * * * * *
SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle $7,500,000 for each of the fiscal years 1988 through
[2015] 2017.
* * * * * * *
----------
PUBLIC LAW 91-229
SECTION 1. LOANS TO PURCHASERS OF HIGHLY FRACTIONED LAND.
(a) * * *
(b) Highly Fractionated Land.--
(1) In general.--Subject to paragraph (2), the
Secretary of Agriculture may make and insure loans in
accordance with section 309 of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1929) to eligible
purchasers of highly fractionated land [pursuant to
section 205(c) of the Indian Land Consolidation Act (25
U.S.C. 2204(c))] or to intermediaries in order to
establish revolving loan funds for the purchase of
highly fractionated land.
* * * * * * *
----------
SECTION 333 OF THE CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT
Sec. 333. In connection with loans made or insured under this
title, the Secretary shall [require]--
(1) require the applicant (A) to certify in writing,
and the Secretary shall determine, that he is unable to
obtain sufficient credit elsewhere to finance his
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, and (B) to furnish an appropriate
written financial statement;
(2) except with respect to a loan under section 306,
310B, or 314, require--
(A) * * *
* * * * * * *
(3) except for guaranteed loans, require 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) require 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) require 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[.]; and
(6) with respect to water and waste disposal direct
and guaranteed loans provided under section 306,
encourage, to the maximum extent practicable, private
or cooperative lenders to finance rural water and waste
disposal facilities by--
(A) maximizing the use of loan guarantees to
finance eligible projects in rural communities
where the population exceeds 5,500;
(B) maximizing the use of direct loans to
finance eligible projects in rural communities
where the impact on rate payers will be
material when compared to financing with a loan
guarantee;
(C) establishing and applying a materiality
standard when determining the difference in
impact on rate payers between a direct loan and
a loan guarantee;
(D) in the case of projects that require
interim financing in excess of $500,000,
requiring that such projects initially seek
such financing from private or cooperative
lenders; and
(E) determining if an existing direct loan
borrower can refinance with a private or
cooperative lender, including with a loan
guarantee, prior to providing a new direct
loan.
----------
RURAL ELECTRIFICATION ACT OF 1936
TITLE I
* * * * * * *
SEC. 2. GENERAL AUTHORITY OF THE SECRETARY OF AGRICULTURE.
(a) Loans.--The Secretary of Agriculture (referred to in this
Act as the ``Secretary'') is authorized and empowered to make
loans in the several States and Territories of the United
States for rural electrification and for the purpose of
furnishing and improving electric and telephone service in
rural areas, as provided in this Act, and for the purpose of
assisting electric borrowers to implement demand side
management, energy efficiency (including relending for this
purpose as provided in section 4) and conservation programs,
and on-grid and off-grid renewable energy systems.
* * * * * * *
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 efficiency (including
relending to ultimate consumers for this purpose by borrowers
enumerated in the proviso in this section) and 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.
* * * * * * *
SEC. 5. FEES FOR CERTAIN LOAN GUARANTEES.
(a) In General.--For electrification baseload generation loan
guarantees, the Secretary shall, at the request of the
borrower, charge an upfront fee to cover the costs of the loan
guarantee.
(b) Fee.--The fee described in subsection (a) for a loan
guarantee shall be equal to the costs of the loan guarantee
(within the meaning of section 502(5)(C) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a(5)(C))).
(c) Limitation.--Funds received from a borrower to pay the
fee described in this section shall not be derived from a loan
or other debt obligation that is made or guaranteed by the
Federal Government.
* * * * * * *
TITLE III
* * * * * * *
SEC. 313. CUSHION OF CREDIT PAYMENTS PROGRAM.
(a) * * *
(b) Uses of Cushion of Credit Payments.--
(1) * * *
(2) Rural economic development subaccount.--
(A) * * *
(B) Grants.--The Secretary (acting through
the Rural Utilities Service) is authorized,
from the interest differential sums credited
this subaccount and from any other funds made
available thereto, to provide grants or zero
interest loans to borrowers under this Act for
the purpose of promoting energy efficiency
(including relending to ultimate consumers for
this purpose), rural economic development and
job creation projects, including funding for
project feasibility studies, start-up costs,
incubator projects, and other reasonable
expenses for the purpose of fostering rural
development.
* * * * * * *
SEC. 313A. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION OR
TELEPHONE PURPOSES.
(a) * * *
* * * * * * *
(f) Termination.--The authority provided under this section
shall terminate on September 30, [2012] 2017.
* * * * * * *
SEC. 315. EXPANSION OF 911 ACCESS.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--The Secretary shall use
to make loans under this section any funds otherwise made
available for telephone loans for each of fiscal years 2008
through [2012] 2017.
* * * * * * *
TITLE VI--RURAL BROADBAND ACCESS
SEC. 601. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL
AREAS.
(a) * * *
* * * * * * *
(c) Loans and Loan Guarantees.--
(1) * * *
[(2) Priority.--In making or guaranteeing loans under
paragraph (1), the Secretary shall give the highest
priority to applicants that offer to provide broadband
service to the greatest proportion of households that,
prior to the provision of the broadband service, had no
incumbent service provider.]
(2) Priorities.--In making or guaranteeing loans
under paragraph (1), the Secretary shall give--
(A) the highest priority to applicants that
offer to provide broadband service to the
greatest proportion of households that, prior
to the provision of the broadband service, had
no incumbent service provider; and
(B) priority to applicants that offer in
their applications to provide broadband service
not predominantly for business service, but
where at least 25 percent of customers in the
proposed service territory are commercial
interests.
(d) Eligibility.--
(1) * * *
* * * * * * *
(5) Notice requirement.--The Secretary shall publish
a notice of each application for a loan or loan
guarantee under this section describing the
application, including--
(A) * * *
(B) each area proposed to be served by the
applicant; [and]
(C) the estimated number of households
without terrestrial-based broadband service in
those areas[.];
(D) the amount and type of support requested;
and
(E) a list of the census block groups or
tracts proposed to be so served.
* * * * * * *
(8) Additional process.--The Secretary shall
establish a process under which an incumbent service
provider which, as of the date of the publication of
notice under paragraph (5) with respect to an
application submitted by the provider, is providing
broadband service to a remote rural area, may (but
shall not be required to) submit to the Secretary, not
less than 15 and not more than 30 days after that date,
information regarding the broadband services that the
provider offers in the proposed service territory, so
that the Secretary may assess whether the application
meets the requirements of this section with respect to
eligible projects.
(e) Broadband Service.--
(1) * * *
* * * * * * *
(3) Requirement.--In considering the technology needs
of customers in a proposed service territory, the
Secretary shall take into consideration the upgrade or
replacement cost for the construction or acquisition of
facilities and equipment in the territory.
* * * * * * *
(k) Funding.--
(1) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry
out this section $25,000,000 for each of fiscal years
2008 through [2012] 2017, to remain available until
expended.
* * * * * * *
(l) Termination of Authority.--No loan or loan guarantee may
be made under this section after September 30, [2012] 2017.
* * * * * * *
----------
PUBLIC LAW 102-551
SECTION 1. IMPROVEMENT OF HEALTH CARE SERVICES AND EDUCATIONAL SERVICES
THROUGH TELECOMMUNICATIONS.
(a) * * *
(b) Extension of Chapter 1.--Notwithstanding any other
provision of law, chapter 1 of subtitle D of title XXIII of the
Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
950aaa et seq.), including the amendments made by this section,
shall be effective until September 30, [2012] 2017.
* * * * * * *
----------
AGRICULTURAL RISK PROTECTION ACT OF 2000
* * * * * * *
TITLE II--AGRICULTURAL ASSISTANCE
* * * * * * *
Subtitle C--Research
[SEC. 221. CARBON CYCLE RESEARCH.
[(a) In General.--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.
[(b) Land Grant Universities.--The land grant universities
referred to in subsection (a) are the following:
[(1) Colorado State University.
[(2) Iowa State University.
[(3) Kansas State University.
[(4) Michigan State University.
[(5) Montana State University.
[(6) Purdue University.
[(7) Ohio State University.
[(8) Texas A&M University.
[(9) University of Nebraska.
[(c) Use.--Land grant universities described in subsection
(b) shall use funds made available under this section--
[(1) to conduct research to improve the scientific
basis of using land management practices to increase
soil carbon sequestration, including research on the
use of new technologies to increase carbon cycle
effectiveness, such as biotechnology and
nanotechnology;
[(2) to enter into partnerships to identify, develop,
and evaluate agricultural best practices, including
partnerships between--
[(A) Federal, State, or private entities; and
[(B) the Department of Agriculture;
[(3) to develop necessary computer models to predict
and assess the carbon cycle;
[(4) to estimate and develop mechanisms to measure
carbon levels made available as a result of--
[(A) voluntary Federal conservation programs;
[(B) private and Federal forests; and
[(C) other land uses;
[(5) to develop outreach programs, in coordination
with Extension Services, to share information on carbon
cycle and agricultural best practices that is useful to
agricultural producers; and
[(6) to collaborate with the Great Plains Regional
Earth Science Application Center to develop a space-
based carbon cycle remote sensing technology program
to--
[(A) provide, on a near-continual basis, a
real-time and comprehensive view of vegetation
conditions;
[(B) assess and model agricultural carbon
sequestration; and
[(C) develop commercial products.
[(d) Cooperative Research.--
[(1) In general.--Subject to the availability of
appropriations, the Secretary, in cooperation with
departments and agencies participating in the U.S.
Global Change Research Program (which may use any of
their statutory authorities) and with eligible
entities, may carry out research to promote
understanding of--
[(A) the flux of carbon in soils and plants
(including trees); and
[(B) the exchange of other greenhouse gases
from agriculture.
[(2) Eligible entities.--Research under this
subsection may be carried out through the competitive
awarding of grants and cooperative agreements to
colleges and universities (as defined in section 1404
of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 1303)).
[(3) Cooperative research purposes.--Research
conducted under this subsection shall encourage
collaboration among scientists with expertise in the
areas of soil science, agronomy, agricultural
economics, forestry, and other agricultural sciences to
focus on--
[(A) developing data addressing carbon losses
and gains in soils and plants (including trees)
and the exchange of methane and nitrous oxide
from agriculture;
[(B) understanding how agricultural and
forestry practices affect the sequestration of
carbon in soils and plants (including trees)
and the exchange of other greenhouse gases,
including the effects of new technologies such
as biotechnology and nanotechnology;
[(C) developing cost-effective means of
measuring and monitoring changes in carbon
pools in soils and plants (including trees),
including computer models;
[(D) evaluating the linkage between federal
conservation programs and carbon sequestration;
[(E) developing methods, including remote
sensing, to measure the exchange of carbon and
other greenhouse gases sequestered, and to
evaluate leakage, performance, and permanence
issues; and
[(F) assessing the applicability of the
results of research conducted under this
subsection for developing methods to account
for the impact of agricultural activities
(including forestry) on the exchange of
greenhouse gases.
[(4) Authorization of appropriation.--There are
authorized to be appropriated such sums as are
necessary to carry out this subsection for each of
fiscal years 2002 through 2007.
[(e) Extension Projects.--
[(1) In general.--The Secretary, in cooperation with
departments and agencies participating in the U.S.
Global Change Research Program (which may use any of
their statutory authorities), and local extension
agents, experts from institutions of higher education
that offer a curriculum in agricultural and biological
sciences, and other local agricultural or conservation
organizations, may implement extension projects
(including on-farm projects with direct involvement of
agricultural producers) that combine measurement tools
and modeling techniques into integrated packages to
monitor the carbon sequestering benefits of
conservation practices and the exchange of greenhouse
gas emissions from agriculture which demonstrate the
feasibility of methods of measuring and monitoring--
[(A) changes in carbon content and other
carbon pools in soils and plants (including
trees); and
[(B) the exchange of other greenhouse gases.
[(2) Extension project results.--The Secretary may
disseminate to farmers, ranchers, private forest
landowners, and appropriate State agencies in each
State information concerning--
[(A) the results of projects under this
subsection; and
[(B) the manner in which the methods used in
the projects might be applicable to the
operations of the farmers, ranchers, private
forest landowners, and State agencies.
[(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this subsection for each of
fiscal years 2002 through 2007.
[(f) Administrative Costs.--Not more than 3 percent of the
funds made available for this section may be used by the
Secretary to pay administrative costs incurred in carrying out
this section.
[(g) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $15,000,000 for each
of fiscal years 2007 through 2012.]
* * * * * * *
Subtitle D--Agricultural Marketing
SEC. 231. VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT GRANTS.
(a) * * *
(b) Grant Program.--
(1) * * *
* * * * * * *
(7) Funding.--
(A) Mandatory funding.--On October 1, [2008]
2012, of the funds of the Commodity Credit
Corporation, the Secretary shall make available
to carry out this subsection [$15,000,000]
$50,000,000, to remain available until
expended.
(B) Discretionary funding.--There is
authorized to be appropriated to carry out this
subsection $40,000,000 for each of fiscal years
2008 through [2012] 2017.
* * * * * * *
----------
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) * * *
* * * * * * *
(10) Hispanic-serving agricultural colleges and
universities.--
(A) In general.--The term ``Hispanic-serving
agricultural colleges and universities'' means
colleges or universities [that]--
(i) that qualify as Hispanic-serving
institutions; [and]
(ii) that offer associate, bachelors,
or other accredited degree programs in
agriculture-related fields[.]; and
(iii) with respect to which the
Secretary has not received a statement
of the declaration of the intent of a
college or university to not be
considered a Hispanic-serving
agricultural college or university.
* * * * * * *
Subtitle B--Coordination and Planning of Agricultural Research,
Extension, and Teaching
* * * * * * *
SEC. 1408. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND
ECONOMICS ADVISORY BOARD.
(a) * * *
* * * * * * *
(c) Duties.--The Advisory Board shall--
(1) * * *
* * * * * * *
(3) review and make recommendations to the Under
Secretary of Agriculture for Research, Education, and
Economics on the research, extension, education, and
economics portion of the draft strategic plan required
under section 306 of title 5, United States Code; [and]
(4) review the mechanisms of the Department of
Agriculture for technology assessment (which should be
conducted by qualified professionals) for the purposes
of--
(A) * * *
* * * * * * *
(C) the development of mechanisms for the
assessment of emerging public and private
agricultural research and technology transfer
initiatives[.]; and
(5) consult with industry groups on agricultural
research, extension, education, and economics, and make
recommendations to the Secretary based on that
consultation.
* * * * * * *
(h) Termination.--The Advisory Board shall remain in
existence until September 30, [2012] 2017.
SEC. 1408A. SPECIALTY CROP COMMITTEE.
(a) * * *
* * * * * * *
(c) Annual Committee Report.--Not later than 180 days after
the establishment of the specialty crops committee, and
annually thereafter, the specialty crops committee shall submit
to the Advisory Board a report containing the findings of its
study under subsection (a). The specialty crops committee shall
include in each report recommendations regarding the following:
(1) [Measures] Programs designed to improve the
efficiency, productivity, and profitability of
specialty crop production in the United States.
[(2) Measures designed to improve competitiveness in
research, extension, and economics programs affecting
the specialty crop industry.]
[(3) Programs that would] (2) Research, extension,
and teaching programs designed to improve
competitiveness in the specialty crop industry,
including programs that would--
(A) * * *
* * * * * * *
(D) develop new products and new uses of
specialty crops including improving the quality
and taste of processed specialty crops;
* * * * * * *
(G) improve the remote sensing and the
mechanization of production practices; and
* * * * * * *
[(4)] (3) Analyses of changes in macroeconomic
conditions, technologies, and policies on specialty
crop production and consumption, with particular focus
on the effect of those changes on the financial
stability of producers.
[(5)] (4) Development of data that provide applied
information useful to specialty crop growers, their
associations, and other interested beneficiaries in
evaluating that industry from a regional and national
perspective.
* * * * * * *
Subtitle C--Agricultural Research and Education Grants and Fellowships
* * * * * * *
SEC. 1415B. VETERINARY SERVICES GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Qualified entity.--The term ``qualified entity''
means--
(A) a for-profit or nonprofit entity located
in the United States that, or an individual
who, operates a veterinary clinic providing
veterinary services--
(i) in a rural area, as defined in
section 343(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C.
1991(a)); and
(ii) in a veterinarian shortage
situation;
(B) a State, national, allied, or regional
veterinary organization or specialty board
recognized by the American Veterinary Medical
Association;
(C) a college or school of veterinary
medicine accredited by the American Veterinary
Medical Association;
(D) a university research foundation or
veterinary medical foundation;
(E) a department of veterinary science or
department of comparative medicine accredited
by the Department of Education;
(F) a State agricultural experiment station;
or
(G) a State, local, or tribal government
agency.
(2) Veterinarian shortage situation.--The term
``veterinarian shortage situation'' means a
veterinarian shortage situation as determined by the
Secretary under section 1415A.
(b) Establishment.--
(1) Competitive grants.--The Secretary shall carry
out a program to make competitive grants to qualified
entities that carry out programs or activities
described in paragraph (2) for the purpose of
developing, implementing, and sustaining veterinary
services.
(2) Eligibility requirements.--A qualified entity
shall be eligible to receive a grant described in
paragraph (1) if the entity carries out programs or
activities that the Secretary determines will--
(A) substantially relieve veterinarian
shortage situations;
(B) support or facilitate private veterinary
practices engaged in public health activities;
or
(C) support or facilitate the practices of
veterinarians who are providing or have
completed providing services under an agreement
entered into with the Secretary under section
1415A(a)(2).
(c) Award Processes and Preferences.--
(1) Application, evaluation, and input processes.--In
administering the grant program established under this
section, the Secretary shall--
(A) use an appropriate application and
evaluation process, as determined by the
Secretary; and
(B) seek the input of interested persons.
(2) Coordination preference.--In selecting recipients
of grants to be used for any of the purposes described
in subsection (d)(1), the Secretary shall give a
preference to qualified entities that provide
documentation of coordination with other qualified
entities, with respect to any such purpose.
(3) Consideration of available funds.--In selecting
recipients of grants to be used for any of the purposes
described in subsection (d), the Secretary shall take
into consideration the amount of funds available for
grants and the purposes for which the grant funds will
be used.
(4) Nature of grants.--A grant awarded under this
section shall be considered to be a competitive
research, extension, or education grant.
(d) Use of Grants to Relieve Veterinarian Shortage Situations
and Support Veterinary Services.--
(1) In general.--Except as provided in paragraph (2),
a qualified entity may use funds provided by a grant
awarded under this section to relieve veterinarian
shortage situations and support veterinary services for
any of the following purposes:
(A) To promote recruitment (including for
programs in secondary schools), placement, and
retention of veterinarians, veterinary
technicians, students of veterinary medicine,
and students of veterinary technology.
(B) To allow veterinary students, veterinary
interns, externs, fellows, and residents, and
veterinary technician students to cover
expenses (other than the types of expenses
described in section 1415A(c)(5)) to attend
training programs in food safety or food animal
medicine.
(C) To establish or expand accredited
veterinary education programs (including
faculty recruitment and retention), veterinary
residency and fellowship programs, or
veterinary internship and externship programs
carried out in coordination with accredited
colleges of veterinary medicine.
(D) To provide continuing education and
extension, including veterinary telemedicine
and other distance-based education, for
veterinarians, veterinary technicians, and
other health professionals needed to strengthen
veterinary programs and enhance food safety.
(E) To provide technical assistance for the
preparation of applications submitted to the
Secretary for designation as a veterinarian
shortage situation under this section or
section 1415A.
(2) Qualified entities operating veterinary
clinics.--A qualified entity described in subsection
(a)(1)(A) may only use funds provided by a grant
awarded under this section to establish or expand
veterinary practices, including--
(A) equipping veterinary offices;
(B) sharing in the reasonable overhead costs
of such veterinary practices, as determined by
the Secretary; or
(C) establishing mobile veterinary facilities
in which a portion of the facilities will
address education or extension needs.
(e) Special Requirements for Certain Grants.--
(1) Terms of service requirements.--
(A) In general.--Funds provided through a
grant made under this section to a qualified
entity described in subsection (a)(1)(A) and
used by such entity under subsection (d)(2)
shall be subject to an agreement between the
Secretary and such entity that includes a
required term of service for such entity
(including a qualified entity operating as an
individual), as prospectively established by
the Secretary.
(B) Considerations.--In establishing a term
of service under subparagraph (A), the
Secretary shall consider only--
(i) the amount of the grant awarded;
and
(ii) the specific purpose of the
grant.
(2) Breach remedies.--
(A) In general.--An agreement under paragraph
(1) shall provide remedies for any breach of
the agreement by the qualified entity referred
to in paragraph (1)(A), including repayment or
partial repayment of the grant funds, with
interest.
(B) Waiver.--The Secretary may grant a waiver
of the repayment obligation for breach of
contract if the Secretary determines that such
qualified entity demonstrates extreme hardship
or extreme need.
(C) Treatment of amounts recovered.--Funds
recovered under this paragraph shall--
(i) be credited to the account
available to carry out this section;
and
(ii) remain available until expended
without further appropriation.
(f) Prohibition on Use of Grant Funds for Construction.--
Except as provided in subsection (d)(2), funds made available
for grants under this section may not be used--
(1) to construct a new building or facility; or
(2) to acquire, expand, remodel, or alter an existing
building or facility, including site grading and
improvement and architect fees.
(g) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall promulgate
regulations to carry out this section.
(h) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary to carry out this section
$10,000,000 for fiscal year 2013 and each fiscal year
thereafter, to remain available until expended.
* * * * * * *
SEC. 1417. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURAL SCIENCES
EDUCATION.
(a) * * *
* * * * * * *
(m) 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 2012.] section--
(1) $60,000,000 for each of fiscal years 1990 through
2012; and
(2) $40,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
SEC. 1419A. AGRICULTURAL AND FOOD POLICY RESEARCH CENTERS.
(a) In General.--Consistent with this section, the [Secretary
may make grants, competitive grants, and special research
grants to, and enter into cooperative agreements and other
contracting instruments with,] Secretary shall, acting through
the Office of the Chief Economist, make competitive grants to
or enter into cooperative agreements with policy research
centers described in subsection (b) with a history of providing
unbiased, nonpartisan economic analysis to Congress to conduct
research and education programs that are objective,
operationally independent, and external to the Federal
Government and that concern the effect of public policies and
trade agreements on--
(1) * * *
* * * * * * *
(b) Eligible Recipients.--State agricultural experiment
stations, colleges and universities, [other research
institutions and organizations (including the Food Agricultural
Policy Research Institute, the Agricultural and Food Policy
Center, the Rural Policy Research Institute, and the National
Drought Mitigation Center), private organizations,
corporations, and individuals shall be eligible] and other
public research institutions and organizations shall be
eligible to apply for funding under subsection (a).
(c) Preference.--In awarding grants under this section, the
Secretary shall give a preference to policy research centers
that have extensive databases, models, and demonstrated
experience in providing Congress with agricultural market
projections, rural development analysis, agricultural policy
analysis, and baseline projections at the farm, multiregional,
national, and international levels.
[(c)] (d) Activities.--Under this section, funding may be
provided for disciplinary and interdisciplinary research and
education concerning policy research activities consistent with
this section, including activities that--
(1) * * *
* * * * * * *
[(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 2012.]
(e) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) such sums as are necessary for each of fiscal
years 1996 through 2012; and
(2) $5,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
Subtitle D--National Food and Human Nutrition Research and Extension
Program
* * * * * * *
[SEC. 1424. HUMAN NUTRITION INTERVENTION AND HEALTH PROMOTION RESEARCH
PROGRAM.
[(a) Authority of Secretary.--The Secretary may establish,
and award grants for projects for, a multi-year research
initiative on human nutrition intervention and health
promotion.
[(b) Emphasis of Initiative.--In administering human
nutrition research projects under this section, the Secretary
shall give specific emphasis to--
[(1) coordinated longitudinal research assessments of
nutritional status;
[(2) the implementation of unified, innovative
intervention strategies; and
[(3) proposals that examine the efficacy of current
agriculture policies in promoting the health and
welfare of economically disadvantaged populations;
to identify and solve problems of nutritional inadequacy and
contribute to the maintenance of health, well-being,
performance, and productivity of individuals, thereby reducing
the need of the individuals to use the health care system and
social programs of the United States.
[(c) Administration of Funds.--The Administrator of the
Agricultural Research Service shall administer funds made
available to carry out this section to ensure a coordinated
approach to health and nutrition research efforts.
[(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 2012.
[SEC. 1424A. PILOT RESEARCH PROGRAM TO COMBINE MEDICAL AND AGRICULTURAL
RESEARCH.
[(a) Findings.--Congress finds the following:
[(1) Although medical researchers in recent years
have demonstrated that there are several naturally
occurring compounds in many vegetables and fruits that
can aid in the prevention of certain forms of cancer,
coronary heart disease, stroke, and atherosclerosis,
there has been almost no research conducted to enhance
these compounds in food plants by modern breeding and
molecular genetic methods.
[(2) By linking the appropriate medical and
agricultural research scientists in a highly-focused,
targeted research program, it should be possible to
develop new varieties of vegetables and fruits that
would provide greater prevention of diet-related
diseases that are a major cause of death in the United
States.
[(b) Pilot Research Program.--The Secretary shall conduct,
through the National Institute of Food and Agriculture, a pilot
research program to link major cancer and heart and other
circulatory disease research efforts with agricultural research
efforts to identify compounds in vegetables and fruits that
prevent these diseases. Using information derived from such
combined research efforts, the Secretary shall assist in the
development of new varieties of vegetables and fruits having
enhanced therapeutic properties for disease prevention.
[(c) Agreements.--The Secretary shall carry out the pilot
program through agreements entered into with land-grant
colleges or universities, other universities, State
agricultural experiment stations, the State cooperative
extension services, nonprofit organizations with demonstrable
expertise, or Federal or State governmental entities. The
Secretary shall enter into the agreements on a competitive
basis.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 for each of fiscal years 1997
through 2012 to carry out the pilot program.]
SEC. 1425. NUTRITION EDUCATION PROGRAM.
(a) * * *
* * * * * * *
(f) Authorization of Appropriations.--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 (7 U.S.C. 343(d)), and this section $90,000,000 for
each of fiscal years 2009 through [2012] 2017.
* * * * * * *
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 2012, 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.]
SEC. 1433. APPROPRIATIONS FOR CONTINUING ANIMAL HEALTH AND DISEASE
RESEARCH PROGRAMS.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to support continuing animal health and
disease research programs at eligible institutions--
(A) $25,000,000 for each of fiscal years 1991
through 2012; and
(B) $15,000,000 for each of fiscal years 2013
through 2017.
(2) Use of funds.--Funds made available under this
section shall be used--
(A) to meet the expenses of conducting animal
health and disease research, publishing and
disseminating the results of such research, and
contributing to the retirement of employees
subject to the Act of March 4, 1940 (7 U.S.C.
331);
(B) for administrative planning and
direction; and
(C) to purchase equipment and supplies
necessary for conducting the research described
in subparagraph (A).
* * * * * * *
[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
2012, 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.
[(b) Notwithstanding the provisions of section 1435 of this
title, funds appropriated under this section shall be awarded
in the form of grants, for periods not to exceed five years, to
State agricultural experiment stations, colleges and
universities (including 1890 Institutions (as defined in
section 2 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7601))), other research
institutions and organizations, Federal agencies, private
organizations or corporations, and individuals.
[(c) In order to establish a national allocation of funds
appropriated under this section, the Secretary shall establish
annually priority lists of animal health and disease, food
safety, and animal well-being problems of national or regional
significance. Such lists shall be prepared after consultation
with the Advisory Board. Any recommendations made in connection
with such consultation shall not be controlling on the
Secretary's determination of priorities. In establishing such
priorities, the Secretary and the Advisory Board shall consider
the following factors:
[(1) any health or disease problem which causes or
may cause significant economic losses to any part of
the livestock production industry;
[(2) any food safety problem that has a significant
pre-harvest (on-farm) component and is recognized as
posing a significant health hazard to the consuming
public;
[(3) issues of animal well-being related to
production methods that will improve the housing and
management of animals to improve the well-being of
livestock production species;
[(4) whether current scientific knowledge necessary
to prevent, cure, or abate such a health or disease
problem is adequate; and
[(5) whether the status of scientific research is
such that accomplishments may be anticipated through
the application of scientific effort to such health or
disease problem.
[(d) Without regard to any consultation under subsection (c),
the Secretary shall, to the extent feasible, award grants on
the basis of the priorities assigned through a peer review
system. Grantees shall be selected on a competitive basis in
accordance with such procedures as the Secretary may establish.
[(e) In the case of multiyear grants, the Secretary shall
distribute funds to grant recipients on a schedule which is
reasonably related to the timetable required for the orderly
conduct of the research project involved.
[(f) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII
of this Act shall not apply to a panel or board created solely
for the purpose of reviewing applications or proposals
submitted under this subtitle.]
* * * * * * *
MATCHING FUNDS
Sec. 1438. No funds in excess of $100,000[, exclusive of the
funds provided for research on specific national or regional
animal health and disease problems under the provisions of
section 1434 of this title,] shall be paid by the Federal
Government to any State under this subtitle during any fiscal
year in excess of the amount from non-Federal sources made
available to and budgeted for expenditure by eligible
institutions in the State during the same fiscal year for
animal health and disease research. The Secretary is authorized
to make such payments in excess of $100,000 on the certificate
of the appropriate official of the eligible institution having
charge of the animal health and disease research for which such
payments are to be made. If any eligible institution certified
for receipt of matching funds fails to make available and
budget for expenditure for animal health and disease research
in any fiscal year sums as least equal to the amount for which
it is certified, the difference between the Federal matching
funds available and the funds made available to and budgeted
for expenditure by the eligible institution shall be
reapportioned by the Secretary among other eligible
institutions of the same State, if there are any which qualify
therefor, and, if there are none, the Secretary shall
reapportion such difference among the other States.
* * * * * * *
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,
$25,000,000 for each of fiscal years 2002 through [2012] 2017,
and such sums shall remain available until expended.
* * * * * * *
SEC. 1447B. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES FACILITIES
AND EQUIPMENT AND SUPPORT TROPICAL AND SUBTROPICAL
AGRICULTURAL RESEARCH AT INSULAR AREA LAND-GRANT
[INSTITUTIONS] COLLEGES AND UNIVERSITIES.
[(a) Purpose.--It is the intent of Congress to assist the
land-grant institutions in the insular areas in efforts to
acquire, alter, or repair facilities or relevant equipment
necessary for conducting agricultural research.]
(a) Purpose.--It is the intent of Congress to assist the
land-grant colleges and universities in the insular areas in
efforts to--
(1) acquire, alter, or repair facilities or relevant
equipment necessary for conducting agricultural
research; and
(2) support tropical and subtropical agricultural
research, including pest and disease research.
* * * * * * *
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $8,000,000 for each
of fiscal years 2008 through [2012] 2017.
[SEC. 1448. NATIONAL RESEARCH AND TRAINING VIRTUAL CENTERS.
[(a) Competitive Grants Authorized.--The Secretary of
Agriculture may make a competitive grant to five national
research and training virtual 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 2012, as national research and training virtual
centers; and
[(2) have the best demonstrable capacity, as
determined by the Secretary, to provide administrative
leadership as--
[(A) a National Center for Goat Research and
Training;
[(B) a National Center for Agricultural
Engineering Development, Research, and
Training;
[(C) a National Center for Water Quality and
Agricultural Production Research and Training;
[(D) a National Center for Sustainable
Agriculture Research and Training; and
[(E) a National Center for Domestic and
International Trade and Development Research
and Training.
[(b) Use of Grants.--A grant made under subsection (a) may be
expended by a center to--
[(1) pay expenses incurred in conducting research for
which the center was designated;
[(2) print and disseminate the results of such
research;
[(3) plan, administer, and direct such research; and
[(4) alter or repair buildings necessary to conduct
such research.
[(c) Priority.--In making a grant determination under
subsection (a), the Secretary shall give priority to those
centers that--
[(1) will assure dissemination of information between
eligible institutions described in subsection (a) and
among agricultural producers; and
[(2) will attract students and needed professionals
in the food and agricultural sciences.
[(d) Payments.--(1) Under the terms of a grant made under
subsection (a), funds appropriated under subsection (f) for a
fiscal year shall be paid (upon vouchers approved by the
Secretary) to a center receiving the grant in equal quarterly
installments beginning on or about the first day of October of
such year.
[(2) Not later than 60 days after the end of each fiscal year
for which funds are paid under this section to a center, the
research director of such center shall submit to the Secretary
a detailed statement of the disbursements in such fiscal year
of funds received by such center under this section.
[(3) If any of the funds received by a center under this
section are misapplied, lost, or diminished by any action or
contingency on the part of the center--
[(A) the center shall replace such funds; and
[(B) the Secretary shall not distribute to such
center any other funds under this subsection until such
funds are replaced.
[(e) Prohibited Uses of Funds.--Funds provided under this
section may not be used--
[(1) to acquire or construct a building; or
[(2) to pay the overhead costs of the college (or
consortia of colleges) receiving the grant.
[(f) Authorization of Appropriations.--There are authorized
to be appropriated $2,000,000 for each of the fiscal years 1991
through 2012 for grants under this section.
[(g) Center Defined.--For purposes of this section, the term
``center'' means a national research and training virtual
center that receives a grant under this subsection.
[(h) Coordination of Center Activities.--(1) The center
designated under subsection (a)(2)(C) shall coordinate its
activities with the water quality research activities conducted
under subtitle G of title XIV of the Food, Agriculture,
Conservation, and Trade Act of 1990.
[(2) The center designated under subsection (a)(2)(D) shall
coordinate its activities with the sustainable agriculture
research and education program established under subtitle B of
title XVI of the Food, Agriculture, Conservation, and Trade Act
of 1990.]
* * * * * * *
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 $40,000,000
for each of fiscal years 1997 through [2012] 2017.
* * * * * * *
Subtitle I--International Research, Extension, and Teaching
* * * * * * *
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 2012.]
(c) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) such sums as are necessary for each of fiscal
years 1999 through 2012; and
(2) $5,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
Subtitle K--Funding and Miscellaneous Provisions
* * * * * * *
[SEC. 1462A. RESEARCH EQUIPMENT GRANTS.
[(a) In General.--The Secretary may make competitive grants
for the acquisition of special purpose scientific research
equipment for use in the food and agricultural sciences
programs of eligible institutions described in subsection (b).
[(b) Eligible Institutions.--The Secretary may make a grant
under this section to--
[(1) a college or university; or
[(2) a State cooperative institution.
[(c) Maximum Amount.--The amount of a grant made to an
eligible institution under this section may not exceed
$500,000.
[(d) Prohibition on Charge of Equipment as Indirect Costs.--
The cost of acquisition or depreciation of equipment purchased
with a grant under this section shall not be--
[(1) charged as an indirect cost against another
Federal grant; or
[(2) included as part of the indirect cost pool for
purposes of calculating the indirect cost rate of an
eligible institution.
[(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2002 through 2012.]
* * * * * * *
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, 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, such sums as may be necessary for each of
fiscal years 1991 through [2012] 2017.
(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),
such sums as may be necessary for each of fiscal years 1991
through [2012] 2017.
(c) Notwithstanding any other provision of law effective
beginning October 1, 1983, not less than 25 per centum of the
total funds appropriated to the Secretary in any fiscal year
for the conduct of the cooperative research program provided
for under the Act of March 2, 1887, commonly known as the Hatch
Act (7 U.S.C. 361a et seq.); the cooperative forestry research
program provided for under the Act of October 10, 1962,
commonly known as the McIntire-Stennis Act (16 U.S.C. 582a et
seq.); the special and competitive grants programs provided for
in sections 2(b) and 2(c) of the Act of August 4, 1965 (7
U.S.C. 450i); the animal health research program provided for
under [sections 1433 and 1434] section 1433 of this title; the
native latex research program provided for in the Native Latex
Commercialization and Economic Development Act of 1978 (7
U.S.C. 178 et seq.); and the research provided for under
various statutes for which funds are appropriated under the
Agricultural Research heading or a successor heading, shall be
appropriated for research at State agricultural experiment
stations pursuant to the provision of the Act of March 2, 1887.
AUTHORIZATION FOR APPROPRIATIONS FOR EXTENSION EDUCATION
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 such sums as may be necessary for each of fiscal
years 1991 through [2012] 2017.
* * * * * * *
SEC. 1469. AUDITING, REPORTING, BOOKKEEPING, AND ADMINISTRATIVE
REQUIREMENTS.
(a) In General.--Except as provided elsewhere in this Act or
any other Act of Congress--
(1) * * *
(2) the Secretary shall provide that each recipient
of assistance under this title shall submit an annual
report, at such times and on such forms as the
Secretary shall prescribe, stating the accomplishments
of projects (on a project-by-project basis) for which
such assistance was used and accounting for the use of
all such assistance. If the Secretary determines that
any portion of funds made available under this title
has been lost or applied in a manner inconsistent with
the provisions of this title or regulations issued
thereunder the recipient of such funds shall reimburse
the Federal Government for the funds lost or so
applied, and the Secretary shall not make available to
such recipient any additional funds under this Act
until the recipient has so reimbursed the Federal
Government; and
[(3) the Secretary may retain up to 4 percent of
amounts made available for agricultural research,
extension, and teaching assistance programs for the
administration of those programs authorized under this
Act or any other Act; and]
[(4)] (3) the Secretary shall establish appropriate
criteria for grant and assistance approval and
necessary regulations pertaining thereto.
(b) Administrative Expenses.--
(1) In general.--Except as provided in paragraph (2)
and notwithstanding any other provision of law, the
Secretary may retain not more than 4 percent of amounts
made available for agricultural research, extension,
and teaching assistance programs for the administration
of those programs authorized under this Act or any
other Act.
(2) Exceptions.--The limitation on administrative
expenses under paragraph (1) shall not apply to peer
panel expenses under subsection (d) or any other
provision of law related to the administration of
agricultural research, extension, and teaching
assistance programs that contains a limitation on
administrative expenses that is less than the
limitation under paragraph (1).
[(b)] (c) Community Food Projects.--The Secretary may retain,
for the administration of community food projects under section
25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034), 4
percent of amounts available for the projects, notwithstanding
the availability of any appropriation for administrative
expenses of the projects.
[(c)] (d) Peer Panel Expenses.--Notwithstanding any other
provision of law regarding a competitive research, education,
or extension grant program of the Department of Agriculture,
the Secretary may use grant program funds, as necessary, to
supplement funds otherwise available for program
administration, to pay for the costs associated with peer
review of grant proposals under the program.
[(d)] (e) Definition of In-Kind Support.--In any law relating
to agricultural research, education, or extension activities
administered by the Secretary, the term ``in-kind support'',
with regard to a requirement that the recipient of funds
provided by the Secretary match all or part of the amount of
the funds, means contributions such as office space, equipment,
and staff support.
* * * * * * *
SUPPLEMENTAL AND ALTERNATIVE CROPS
Sec. 1473D. (a) Notwithstanding any other provision of law,
during the period beginning October 1, 1986, and ending
September 30, [2012] 2017, 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.
* * * * * * *
(c)(1) The Secretary shall [use such research funding,
special or competitive grants, or other means, as the Secretary
determines,] make competitive grants to further the purposes of
this section in the implementation of a comprehensive and
integrated program.
* * * * * * *
(e) There are authorized to be appropriated to carry out this
section--
(1) such sums as are necessary for fiscal year 2012;
and
(2) $1,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
SEC. 1473F. CAPACITY BUILDING GRANTS FOR NLGCA INSTITUTIONS.
(a) * * *
(b) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section such sums as are
necessary for each of fiscal years 2008 through [2012] 2017.
* * * * * * *
Subtitle L--Aquaculture
* * * * * * *
AQUACULTURE ASSISTANCE PROGRAMS
Sec. 1475. (a) * * *
(b) Grants.--The Secretary may make competitive grants to--
(1) * * *
* * * * * * *
[AUTHORIZATION FOR APPROPRIATIONS
[Sec. 1477. There is authorized to be appropriated $7,500,000
for each of the fiscal years 1991 through 2012. Funds
appropriated under this section or section 1476 may not be used
to acquire or construct a building.]
SEC. 1477. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this subtitle--
(1) $7,500,000 for each of fiscal years 1991 through
2012; and
(2) $5,000,000 for each of fiscal years 2013 through
2017.
(b) Prohibition on Use.--Funds made available under this
section may not be used to acquire or construct a building.
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
2012.] subtitle--
(1) $10,000,000 for each of fiscal years 1991 through
2012; and
(2) $2,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
Subtitle N--Biosecurity
SEC. 1484. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND RESPONSE.
(a) Authorization of Appropriations.--In addition to amounts
for agricultural research, extension, and education under this
Act, there are authorized to be appropriated for agricultural
research, education, and extension activities for biosecurity
planning and [response such sums as are necessary for each of
fiscal years 2002 through 2012.] response--
(1) such sums as are necessary for each of fiscal
years 2002 through 2012; and
(2) $10,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
Subtitle O--Institutions of Higher Education in Insular Areas
* * * * * * *
SEC. 1490. DISTANCE EDUCATION GRANTS FOR INSULAR AREAS.
(a) In General.--The Secretary may make competitive [or
noncompetitive] grants to eligible institutions in insular
areas to strengthen the capacity of such institutions to carry
out distance food and agricultural education programs using
digital network technologies.
* * * * * * *
(f) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this [section such sums as may be
necessary for each of fiscal years 2002 through 2012.]
section--
(1) such sums as are necessary for each of fiscal
years 2002 through 2012; and
(2) $2,000,000 for each of fiscal years 2013 through
2017.
SEC. 1491. RESIDENT INSTRUCTION GRANTS FOR INSULAR AREAS.
(a) * * *
* * * * * * *
(c) Authorization of appropriations.--There are authorized to
be appropriated [such sums as are necessary for each of the
fiscal years 2002 through 2012 to carry out this section.] to
carry out this section--
(1) such sums as are necessary for each of fiscal
years 2002 through 2012; and
(2) $2,000,000 for each of fiscal years 2013 through
2017.
Subtitle P--General Provisions
SEC. 1492. MATCHING FUNDS REQUIREMENT.
(a) Matching Funds Requirement.--The recipient of a
competitive grant that is awarded by the Secretary under a
covered law and that involves applied research or extension
that is commodity-specific or State-specific shall provide
funds, in-kind contributions, or a combination of both, from
sources other than funds provided through such grant in an
amount at least equal to the amount of such grant.
(b) Waiver Authority.--The Secretary may waive the matching
funds requirement under subsection (a) with respect to a
competitive grant that involves applied research or extension
that the National Agricultural Research, Extension, Education,
and Economics Advisory Board has determined is a national
priority under section 1408(c).
(c) Definitions.--In this section:
(1) Applied research.--The term ``applied research''
has the meaning given such term in section 251(f)(1)(B)
of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6971(f)(1)(B)).
(2) Covered law.--The term ``covered law'' means each
of the following provisions of law:
(A) This title.
(B) Title XVI of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C.
5801 et seq.).
(C) The Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7601 et
seq.).
(D) Section 7405 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3319f).
(E) Part III of subtitle E of title VII of
the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 3202 et seq.).
(F) The Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i).
----------
COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANT ACT
* * * * * * *
SEC. 2. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANTS.
(a) * * *
(b) Agriculture and Food Research Initiative.--
(1) * * *
(2) Priority areas.--The competitive grants program
established under this subsection shall address the
following areas:
(A) Plant health and production and plant
products.--Plant systems, including--
(i) * * *
* * * * * * *
(vi) unproved nutrient qualities of
plant products; [and]
(vii) new food and industrial uses of
plant products[.]; and
(viii) plant-based foods that are
major sources of nutrients of concern
(as determined by the Secretary).
(B) Animal health and production and animal
products.--Animal systems, including--
(i) * * *
* * * * * * *
(vii) improved nutrient qualities of
animal products and uses; [and]
(viii) the development of new and
improved animal husbandry and
production systems that take into
account production efficiency, animal
well-being, and animal systems
applicable to aquaculture[.];
(ix) the research and development of
surveillance methods, vaccines,
vaccination delivery systems, or
diagnostic tests for zoonotic diseases
in wildlife reservoirs presenting a
potential concern to public health or
domestic livestock; and
(x) the identification of animal drug
needs and the generation and
dissemination of data for safe and
effective therapeutic applications of
animal drugs for minor species and
minor uses of such drugs in major
species.
(C) Food safety, nutrition, and health.--
Nutrition, food safety and quality, and health,
including--
(i) * * *
(ii) links between diet and health,
including the effects of plant-based
foods that are major sources of
nutrients of concern on diet and
health;
(iii) bioavailability of nutrients,
including plant-based foods that are
major sources of nutrients of concern;
(iv) postharvest physiology and
practices, including postharvest
practices conducted with respect to
plant-based foods that are major
sources of nutrients of concern; and
(v) improved processing technologies,
including improving the functionality
of plant-based foods that are major
sources of nutrients of concern.
(D) Renewable energy, natural resources, and
environment.--Natural resources and the
environment, including--
(i) * * *
* * * * * * *
(iv) the effectiveness of
conservation practices and technologies
designed to address nutrient losses and
improve water quality;
[(iv)] (v) global climate effects on
agriculture;
[(v)] (vi) forestry; and
[(vi)] (vii) biological diversity.
* * * * * * *
(F) Agriculture economics and rural
communities.--Markets, trade, economics, and
policy, including--
(i) * * *
* * * * * * *
(v) the economic costs, benefits, and
viability of producers adopting
conservation practices and technologies
designed to improve water quality;
[(v)] (vi) technology assessment; and
[(vi)] (vii) new approaches to rural
development, including rural
entrepreneurship.
* * * * * * *
(4) General administration.--In making grants under
this subsection, the Secretary shall--
(A) * * *
* * * * * * *
(D) solicit and consider input from persons
who conduct or use agricultural research,
extension, or education in accordance with
section 102(b) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7
U.S.C. 7612(b)); [and]
(E) in seeking proposals for grants under
this subsection and in performing peer review
evaluations of such proposals, seek the widest
participation of qualified individuals in the
Federal Government, colleges and universities,
State agricultural experiment stations, and the
private sector[.]; and
(F) establish procedures under which a
commodity board established under a commodity
promotion law (as such term is defined under
section 501(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C.
7401(a))) or a State commodity board (or other
equivalent State entity) may directly submit to
the Secretary proposals for requests for
applications to specifically address particular
issues related to the priority areas specified
in paragraph (2).
* * * * * * *
(6) Special considerations.--In making grants under
this subsection, the Secretary may assist in the
development of capabilities in the agricultural, food,
and environmental sciences by providing grants--
(A) * * *
* * * * * * *
(C) to ensure that the faculty of small, mid-
sized, and minority-serving institutions who
have not previously been successful in
obtaining competitive grants under this
subsection receive a portion of the grants;
[and]
(D) to improve research, extension, and
education capabilities in States (as defined in
section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) in which institutions
have been less successful in receiving funding
under this subsection, based on a 3-year
rolling average of funding levels[.]; and
(E) to eligible entities to carry out the
specific research proposals submitted under
procedures established under paragraph (4)(F).
* * * * * * *
(9) Matching funds for equipment grants.--
[(A) Equipment grants.--]
[(i)] (A) In general.--Except as provided in
clause (ii), in the case of a grant made under
paragraph (6)(A), the amount provided under
this subsection may not exceed 50 percent of
the cost of the special research equipment or
other equipment acquired using funds from the
grant.
[(ii)] (B) Waiver.--The Secretary may waive
all or part of the matching requirement under
clause (i) in the case of a college,
university, or research foundation maintained
by a college or university that ranks in the
lowest \1/3\ of such colleges, universities,
and research foundations on the basis of
Federal research funds received, if the
equipment to be acquired using funds from the
grant costs not more than $25,000 and has
multiple uses within a single research project
or is usable in more than 1 research project.
[(B) Applied research.--As a condition of
making a grant under paragraph (5)(B), the
Secretary shall require the funding of the
grant to be matched with equal matching funds
from a non-Federal source if the grant is for
applied research that is--
[(i) commodity-specific; and
[(ii) not of national scope.]
* * * * * * *
(11) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out this subsection
$700,000,000 for each of fiscal years 2008
through [2012] 2017, of which--
(i) * * *
* * * * * * *
(e) Inter-Regional Research Project Number 4.--(1) The
Secretary of Agriculture shall establish an Inter-Regional
Research Project Number 4 (hereinafter referred to in this
subsection as the ``IR-4 Program'') to assist in the collection
of residue and efficacy data in support of--
(A) the registration or reregistration of [minor use
pesticides] pesticides for minor agricultural use and
for use on specialty crops (as defined in section 3 of
the Specialty Crop Competitiveness Act of 2004 (7
U.S.C. 1621 note) under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.);
and
* * * * * * *
(4) As part of carrying out the IR-4 Program, the Secretary
shall--
(A) participate in research activities aimed at
reducing residues of pesticides registered for minor
agricultural use and for use on specialty crops;
(B) develop analytical techniques applicable to
residues of pesticides registered for minor
agricultural use, including automation techniques and
validation of analytical methods; [and]
(C) prioritize potential pest management technology
for minor agricultural use and for use on specialty
crops;
(D) conduct research to develop the data necessary to
facilitate pesticide registrations, reregistrations,
and associated tolerances;
(E) assist in removing trade barriers caused by
residues of pesticides registered for minor
agricultural use and for use on domestically grown
specialty crops;
(F) assist in the registration and reregistration of
pest management technologies for minor agricultural use
and for use on specialty crops; and
[(C)] (G) coordinate with other programs within the
Department of Agriculture and the Environmental
Protection Agency designed to develop and promote
biological and other alternative control measures.
* * * * * * *
[(k) Emphasis on Sustainable Agriculture.--The Secretary of
Agriculture shall ensure that grants made under subsections (b)
and (c) are, where appropriate, consistent with the development
of systems of sustainable agriculture. For purposes of this
section, the term ``sustainable agriculture'' has the meaning
given that term in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103).]
----------
AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM ACT OF 1998
* * * * * * *
TITLE I--PRIORITIES, SCOPE, REVIEW, AND COORDINATION OF AGRICULTURAL
RESEARCH, EXTENSION, AND EDUCATION
* * * * * * *
SEC. 103. RELEVANCE AND MERIT OF AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION FUNDED BY THE DEPARTMENT.
(a) Review of National Institute of Food and Agriculture.--
(1) * * *
(2) [Merit review of extension] Relevance and merit
review of research, extension, and education grants.--
(A) Establishment of procedures.--The
Secretary shall establish procedures that
provide for relevance and merit review of each
agricultural [extension or education] research,
extension, or education grant administered, on
a competitive basis, by the National Institute
of Food and Agriculture.
(B) Consultation with advisory board.--The
Secretary shall consult with the Advisory Board
in establishing the merit review procedures on
a continuous basis.
* * * * * * *
TITLE IV--NEW AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION
INITIATIVES
* * * * * * *
SEC. 406. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION COMPETITIVE
GRANTS PROGRAM.
(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 [2012] 2017.
[SEC. 407. COORDINATED PROGRAM OF RESEARCH, EXTENSION, AND EDUCATION TO
IMPROVE VIABILITY OF SMALL AND MEDIUM SIZE DAIRY,
LIVESTOCK, AND POULTRY OPERATIONS.
[(a) Program Authorized.--The Secretary of Agriculture may
carry out a coordinated program of research, extension, and
education to improve the competitiveness, viability, and
sustainability of small and medium size dairy, livestock, and
poultry operations (referred to in this section as
``operations'').
[(b) Components.--To the extent the Secretary elects to carry
out the program, the Secretary shall conduct--
[(1) research, development, and on-farm extension and
education concerning low-cost production facilities and
practices, management systems, and genetics that are
appropriate for the operations;
[(2) in the case of dairy and livestock operations,
research and extension on management-intensive grazing
systems for dairy and livestock production to realize
the potential for reduced capital and feed costs
through greater use of management skills, labor
availability optimization, and the natural benefits of
grazing pastures;
[(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;
[(4) economic analyses and market feasibility studies
to identify new and expanded opportunities for
producers on the operations that provide tools and
strategies to meet consumer demand in domestic and
international markets, such as cooperative marketing
and value-added strategies for milk, meat, and poultry
production and processing; and
[(5) technology assessment that compares the
technological resources of large specialized producers
with the technological needs of producers on the
operations to identify and transfer existing technology
across all sizes and scales and to identify the
specific research and education needs of the producers.
[(c) Administration.--The Secretary may use the funds,
facilities, and technical expertise of the Agricultural
Research Service and the National Institute of Food and
Agriculture and other funds available to the Secretary (other
than funds of the Commodity Credit Corporation) to carry out
this section.]
* * * * * * *
[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
2012.]
SEC. 410. GRANTS FOR YOUTH ORGANIZATIONS.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this [section such sums as are
necessary for each of fiscal years 2008 through 2012.]
section--
(1) such sums as are necessary for each of fiscal
years 2008 through 2012; and
(2) $3,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
SEC. 412. SPECIALTY CROP RESEARCH INITIATIVE.
(a) * * *
(b) Establishment.--There is established within the
Department a specialty crop research and extension initiative
to address the critical needs of the specialty crop industry by
developing and disseminating science-based tools to address
needs of specific crops and their regions, including--
(1) research in plant breeding, genetics, [and
genomics] genomics, and other methods to improve crop
characteristics, such as--
(A) * * *
* * * * * * *
(3) efforts to improve production efficiency,
handling and processing, productivity, and
profitability over the long term (including specialty
crop policy and marketing);
* * * * * * *
[(d) Research Projects.--In carrying out this section, the
Secretary shall award grants on a competitive basis.]
(d) Research Projects.--In carrying out this section, the
Secretary shall award competitive grants on the basis of--
(1) an initial scientific peer review conducted by a
panel of subject matter experts from Federal agencies,
non-Federal entities, and the specialty crop industry;
and
(2) a final funding determination made by the
Secretary based on a review and ranking for merit,
relevance, and impact conducted by a panel of specialty
crop industry representatives for the specific
specialty crop.
* * * * * * *
(h) Funding.--
[(1) In general.--Of the funds]
(1) Mandatory funding.--
(A) In general.--Of the funds of the
Commodity Credit Corporation, the Secretary
shall make available to carry out this section
$30,000,000 for fiscal year 2008 and
$50,000,000 for each of fiscal years 2009
through 2012, from which activities under each
of paragraphs (1) through (5) of subsection (b)
shall be allocated not less than 10 percent.
(B) Subsequent funding.--Of the funds of the
Commodity Credit Corporation, the Secretary
shall make available to carry out this
section--
(i) $25,000,000 for fiscal year 2013;
(ii) $30,000,000 for each of fiscal
years 2014 and 2015;
(iii) $65,000,000 for fiscal year
2016; and
(iv) $50,000,000 for fiscal year 2017
and each fiscal year thereafter.
(2) Authorization of appropriations.--In addition to
funds made available under paragraph (1), there is
authorized to be appropriated to carry out this section
$100,000,000 for each of fiscal years 2008 through
[2012] 2017.
* * * * * * *
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Existing Authorities
* * * * * * *
SEC. 604. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.
(a) * * *
* * * * * * *
(e) Authorization of Appropriations.--In addition to any
other funds available to carry out subsection (c), there is
authorized to be appropriated to carry out this section
$2,500,000 for each of fiscal years 2008 through [2012] 2017.
* * * * * * *
Subtitle B--New Authorities
* * * * * * *
[SEC. 612. NATIONAL SWINE RESEARCH CENTER.
[Subject to the availability of appropriations to carry out
this section, or through a reprogramming of funds provided for
swine research to carry out this section pursuant to
established procedures, during the period beginning on the date
of enactment of this Act and ending December 31, 1998, the
Secretary of Agriculture, acting through the Agricultural
Research Service, may accept as a gift, and administer, the
National Swine Research Center located in Ames, Iowa.]
* * * * * * *
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 2012.] section--
(1) such sums as are necessary for each of fiscal
years 1999 through 2012; and
(2) $3,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
[Subtitle C--Studies
[SEC. 631. EVALUATION AND ASSESSMENT OF AGRICULTURAL RESEARCH,
EXTENSION, AND EDUCATION PROGRAMS.
[(a) Evaluation.--The Secretary of Agriculture shall conduct
a performance evaluation to determine whether federally funded
agricultural research, extension, and education programs result
in public goods that have national or multistate significance.
[(b) Contract.--The Secretary shall enter into a contract
with 1 or more entities with expertise in research assessment
and performance evaluation to provide input and recommendations
to the Secretary with respect to federally funded agricultural
research, extension, and education programs.
[(c) Guidelines for Performance Measurement.--The contractor
selected under subsection (b) shall develop and propose to the
Secretary practical guidelines for measuring performance of
federally funded agricultural research, extension, and
education programs. The guidelines shall be consistent with the
Government Performance and Results Act of 1993 (Public Law 103-
62) and amendments made by that Act.
[SEC. 632. STUDY OF FEDERALLY FUNDED AGRICULTURAL RESEARCH, EXTENSION,
AND EDUCATION.
[(a) Study.--Not later than January 1, 1999, the Secretary of
Agriculture shall request the National Academy of Sciences to
conduct a study of the role and mission of federally funded
agricultural research, extension, and education.
[(b) Requirements.--The study shall--
[(1) evaluate the strength of science conducted by
the Agricultural Research Service and the relevance of
the science to national priorities;
[(2) examine how the work of the Agricultural
Research Service relates to the capacity of the
agricultural research, extension, and education system
of the United States;
[(3) examine the appropriateness of the formulas for
the allocation of funds under the Smith-Lever Act (7
U.S.C. 341 et seq.) and the Hatch Act of 1887 (7 U.S.C.
361a et seq.) with respect to current conditions of the
agricultural economy and other factors of the various
regions and States of the United States and develop
recommendations to revise the formulas to more
accurately reflect the current conditions; and
[(4) examine the system of competitive grants for
agricultural research, extension, and education.
[(c) Reports.--The Secretary shall prepare and submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate--
[(1) not later than 18 months after the commencement
of the study, a report that describes the results of
the study as it relates to paragraphs (1) and (2) of
subsection (b), including any appropriate
recommendations; and
[(2) not later than 3 years after the commencement of
the study, a report that describes the results of the
study as it relates to paragraphs (3) and (4) of
subsection (b), including the recommendations developed
under paragraph (3) of subsection (b) and other
appropriate recommendations.]
* * * * * * *
----------
CRITICAL AGRICULTURAL MATERIALS ACT
* * * * * * *
Sec. 16. (a) There are authorized to be appropriated to the
Secretary of Agriculture [such sums as are necessary] to carry
out this [Act in each of the fiscal years 1991 through 2012.]
Act--
(1) such sums as are necessary for each of fiscal
years 1991 through 2012; and
(2) $2,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
----------
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) Aaniih Nakoda College.
[(1)] (2) Bay Mills Community College.
[(2)] (3) Blackfeet Community College.
[(3)] (4) Cankdeska Cikana Community College.
[(8)] (5) Chief Dull Knife [Memorial] College.
(6) College of the Muscogee Nation.
(7) Comanche Nation College.
[(4)] (8) College of Menominee Nation.
[(5) Crownpoint Institute of Technology.]
[(6)] (9) D-Q University.
[(7)] (10) Dine College.
[(9)] (11) Fond du Lac Tribal and Community College.
[(10) Fort Belknap College.]
[(11)] (12) Fort Berthold Community College.
[(12)] (13) Fort Peck Community College.
[(13)] (14) Haskell Indian Nations University.
[(34)] (15) Ilisagvik College.
[(14)] (16) Institute of American Indian and Alaska
Native Culture and Arts Development.
(17) Keweenaw Bay Ojibwa Community College.
[(15)] (18) Lac Courte Oreilles Ojibwa Community
College.
[(16)] (19) Leech Lake Tribal College.
[(17)] (20) Little Big Horn College.
[(18)] (21) Little Priest Tribal College.
(22) Navajo Technical College.
[(19)] (23) Nebraska Indian Community College.
[(20)] (24) Northwest Indian College.
[(21)] (25) Oglala Lakota College.
[(22)] (26) Saginaw Chippewa Tribal College.
[(24)] (27) Salish Kootenai College.
[(25)] (28) Sinte Gleska University.
[(26)] (29) Sisseton Wahpeton [Community] College.
[(27) Si Tanka/Huron University.]
[(28)] (30) Sitting Bull College.
[(29)] (31) Southwestern Indian Polytechnic
Institute.
[(30)] (32) Stone Child College.
[(23)] (33) Tohono O`odham Community College.
[(31)] (34) Turtle Mountain Community College.
[(32)] (35) United Tribes Technical College.
[(33)] (36) White Earth Tribal and Community College.
* * * * * * *
SEC. 533. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.
(a) * * *
(b) 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 [2012] 2017.
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).
* * * * * * *
SEC. 535. INSTITUTIONAL CAPACITY BUILDING GRANTS.
(a) * * *
(b) In General.--
(1) Institutional capacity building grants.--For each
of fiscal years 1996 through [2012] 2017, 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, such sums as are necessary for each of fiscal
years 2002 through [2012] 2017.
SEC. 536. RESEARCH GRANTS.
(a) * * *
(b) Requirements.--Grant applications submitted under this
section shall certify that the research to be conducted will be
performed under a cooperative agreement [with at least 1 other
land-grant college or university (exclusive of another 1994
Institution).] with--
(1) the Agricultural Research Service of the
Department of Agriculture; or
(2) at least 1--
(A) other land-grant college or university
(exclusive of another 1994 Institution);
(B) non-land-grant college of agriculture (as
defined in section 1404 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)); or
(C) cooperating forestry school (as defined
in that section).
(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 [2012] 2017.
Amounts appropriated shall remain available until expended.
* * * * * * *
----------
RESEARCH FACILITIES ACT
* * * * * * *
SEC. 6. 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 [2012] 2017 for the study,
plan, design, structure, and related costs of agricultural
research facilities under this Act.
* * * * * * *
----------
RENEWABLE RESOURCES EXTENSION ACT OF 1978
* * * * * * *
APPROPRIATIONS AUTHORIZATION
Sec. 6. There is authorized to be appropriated to carry out
this Act $30,000,000 for each of fiscal years 2002 through
[2012] 2017. 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.
* * * * * * *
EFFECTIVE DATE
Sec. 8. The provisions of this Act shall be effective for the
period beginning October 1, 1978, and ending September 30,
[2012] 2017.
----------
NATIONAL AQUACULTURE ACT OF 1980
* * * * * * *
AUTHORIZATIONS FOR APPROPRIATIONS
Sec. 10. For purposes of carrying out the provisions of this
Act, there are authorized to be appropriated--
(1) to the Department of Agriculture, $1,000,000 for
each of fiscal years 1991 through [2012] 2017;
(2) to the Department of Commerce, $1,000,000 for
each of fiscal years 1991 through [2012] 2017; and
(3) to the Department of Interior, $1,000,000 for
each of fiscal years 1991 through [2012] 2017.
Funds authorized by this section shall be in addition to, and
not in lieu of, funds authorized by any other Act.
* * * * * * *
----------
SECTION 8 OF PUBLIC LAW 87-788
Sec. 8. The term ``State'' as used in this subchapter shall
include Puerto Rico, the Virgin Islands, [and Guam] Guam, and
the Commonwealth of the Northern Mariana Islands.
----------
SECTION 308 OF THE FEDERAL CROP INSURANCE REFORM AND DEPARTMENT OF
AGRICULTURE REORGANIZATION ACT OF 1994
SEC. 308. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.
(a) * * *
(b) Requirements.--
(1) * * *
* * * * * * *
(6) Termination of authority.--This section and the
authority provided by this section terminate--
(A) on the date that is [5 years] 9 years
after the date of enactment of this section; or
* * * * * * *
(d) Administration.--
(1) * * *
(2) Reports.--Not later than [1, 3, and 5 years] 5,
7, and 9 years after the date of enactment of this
section, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate a report describing the implementation of
the program under this section, including--
(A) * * *
* * * * * * *
----------
ACT OF MARCH 4, 1927
* * * * * * *
SEC. 6. CONCESSIONS, FEES, AND VOLUNTARY SERVICES.
(a) In General.--Notwithstanding the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) and
section 321 of the Act of June 30, 1932 (40 U.S.C. 303b), the
Secretary of Agriculture, in furtherance of the mission of the
National Arboretum, may--
(1) negotiate agreements granting concessions at the
National Arboretum to nonprofit scientific or
educational organizations the interests of which are
complementary to the mission of the National Arboretum
or nonprofit organizations that support the purpose of
the National Arboretum, except that the net proceeds of
the organizations from the concessions shall be used
exclusively for research and educational work for the
benefit of the National Arboretum;
* * * * * * *
(d) Recognition of Donors.--A non-profit organization granted
a concession under subsection (a)(1) may recognize donors if
such recognition is approved in advance by the Secretary.
* * * * * * *
----------
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978
* * * * * * *
[SEC. 4. FOREST LAND ENHANCEMENT PROGRAM.
[(a) Establishment.--
[(1) In general.--The Secretary of Agriculture shall
establish a forest land enhancement program--
[(A) to provide financial assistance to State
foresters; and
[(B) to encourage the long-term
sustainability of nonindustrial private forest
lands in the United States by assisting the
owners of nonindustrial private forest lands,
through State foresters, in more actively
managing the nonindustrial private forest lands
and related resources of those owners through
the use of State, Federal, and private sector
resource management expertise, financial
assistance, and educational programs.
[(2) Coordination and consultation.--The Secretary,
acting through State foresters, shall implement the
program--
[(A) in coordination with the State Forest
Stewardship Coordinating Committees; and
[(B) in consultation with other Federal,
State, and local natural resource management
agencies, institutions of higher education, and
a broad range of private sector interests.
[(b) Program Objectives.--In implementing the program, the
Secretary shall target resources to achieve the following
objectives:
[(1) Investing 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, soil, water, and air quality, wetlands, and
riparian buffers.
[(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) Reducing the risks and helping restore, recover,
and mitigate the damage to forests caused by fire,
insects, invasive species, disease, and damaging
weather.
[(4) Increasing and enhancing carbon sequestration
opportunities.
[(5) Enhancing implementation of agroforestry
practices.
[(6) Maintaining and enhancing the forest landbase
and leverage State and local financial and technical
assistance to owners that promote the same conservation
and environmental values.
[(7) Preserving the aesthetic quality of
nonindustrial private forest lands and providing
opportunities for outdoor recreation.
[(c) State Priority Plan.--
[(1) Development.--The State Forester and State
Forest Stewardship Coordinating Committee of a State
shall jointly develop and submit to the Secretary a
State priority plan that is intended to promote forest
management objectives in that State.
[(2) Report.--Not later than September 30, 2006, each
State that implemented a State priority plan shall
submit to the Secretary a report describing the status
of all activities and practices funded under the
program as of that date.
[(d) Owner Eligibility for Assistance.--
[(1) Eligibility criteria.--To be eligible for cost-
share assistance under the program, an owner of
nonindustrial private forest lands shall agree--
[(A) to develop and implement, in cooperation
with a State forester, another State official,
or a professional resources manager, a
management plan that--
[(i) except as provided in paragraph
(2) or (3), provides for the treatment
of not more than 1,000 acres of
nonindustrial private forest lands;
[(ii) is approved by the State
forester; and
[(iii) addresses site specific
activities and practices; and
[(B) to implement approved activities and
practices in a manner consistent with the
management plan for a period of not less than
10 years, unless the State forester approves a
modification to the plan.
[(2) Public benefit exception.--The Secretary may
increase the acreage limitation specified in paragraph
(1)(A)(i) to not more than 5,000 acres for an owner of
nonindustrial private forest lands if the Secretary, in
consultation with the State forester, determines that
significant public benefits will accrue as a result of
the provision of cost-share assistance under the
program for the treatment of the additional acreage.
[(3) Plan development exception.--An owner may
receive cost-share assistance under the program for the
purpose of developing a management plan under
subsection (e) that provides for the treatment of
acreage in excess of the acreage limitations specified
in paragraphs (1)(A)(i) and (2), except that the
owner's eligibility for cost-share assistance to
implement approved activities and practices under the
management plan remains subject to the acreage
limitation specified in paragraph (1)(A)(i) or, if the
Secretary makes the determination described in
paragraph (2), the acreage limitation specified in that
paragraph.
[(e) Management Plan.--
[(1) Submission and content.--An owner of
nonindustrial private forest lands that seeks to
participate in the program shall submit to the State
forester of the State in which the lands are located a
management plan that--
[(A) identifies and describes projects and
activities to be carried out by the owner to
protect or enhance soil, water, air, range and
aesthetic quality, recreation, timber, water,
wetland, or fish and wildlife resources on the
lands in a manner that is compatible with the
objectives of the owner;
[(B) addresses any criteria established by
the State and the applicable Committee; and
[(C) meets the other requirements of this
section.
[(2) Lands covered.--At a minimum, the management
plan shall apply to those portions of the nonindustrial
private forest lands of the owner on which any project
or activity funded under the program will be carried
out. In a case in which a project or activity may
affect acreage outside the portion of the land on which
the project or activity is carried out, the management
plan shall apply to all lands of the owner that are in
forest cover and may be affected by the project or
activity.
[(f) Approved Activities.--
[(1) State list.--The Secretary shall develop for
each State a list of approved forest activities and
practices eligible for cost-share assistance that meets
the purposes of the program. The Secretary shall
develop the list for a State in consultation with the
State forester and the Committee for that State.
[(2) Types of activities.--Approved activities and
practices under paragraph (1) may consist of activities
and practices for the following purposes:
[(A) The establishment, management,
maintenance, and restoration of forests for
shelterbelts, windbreaks, aesthetic quality,
and other conservation purposes.
[(B) The sustainable growth and management of
forests for timber production.
[(C) The restoration, use, and enhancement of
forest wetland and riparian areas.
[(D) The protection of water quality and
watersheds through--
[(i) the planting of trees in
riparian areas; and
[(ii) the enhanced management and
maintenance of native vegetation on
land vital to water quality.
[(E) The management, maintenance,
restoration, or development of habitat for
plants, fish, and wildlife.
[(F) The control, detection, monitoring, and
prevention of the spread of invasive species
and pests on nonindustrial private forest
lands.
[(G) The restoration of nonindustrial private
forest land affected by invasive species and
pests.
[(H) The conduct of other management
activities, such as the reduction of hazardous
fuels, that reduce the risks to forests posed
by, and that restore, recover, and mitigate the
damage to forests caused by, fire or any other
catastrophic event, as determined by the
Secretary.
[(I) The development of management plans;
[(J) The conduct of energy conservation and
carbon sequestration activities.
[(K) The conduct of other activities approved
by the Secretary, in consultation with the
State forester and the appropriate Committees.
[(g) Reimbursement of Eligible Activities.--
[(1) In general.--In the case of an eligible owner
that has an approved management plan, the Secretary
shall share the cost of implementing the approved
activities and practices that the Secretary determines
are appropriate.
[(2) Rate.--The Secretary shall determine the
appropriate reimbursement rate for cost-share payments
under paragraph (1) and the schedule for making those
payments.
[(3) Maximum cost share.--The Secretary shall not
make cost-share payments under this subsection to an
owner in an amount in excess of 75 percent, or a lower
percentage as determined by the State forester, of the
total cost to the owner to implement the approved
activities and practices under the management plan.
[(4) Aggregate payment limit.--The Secretary shall
determine the maximum aggregate amount of cost-share
payments that an owner may receive under the program.
[(5) Consultation.--The Secretary shall make
determinations under this subsection in consultation
with the State forester.
[(h) 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 an
approved activity or practice specified in the
management plan for which the 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.
[(i) Distribution of Cost-Share Funds.--The Secretary, acting
through the State foresters, shall distribute funds available
for cost sharing under the program only after giving
appropriate consideration to the following factors:
[(1) The public benefits that would result from the
distribution.
[(2) The total acreage of nonindustrial private
forest lands in each State.
[(3) The potential productivity of those lands, as
determined by the Secretary.
[(4) The number of owners eligible for cost sharing
in each State.
[(5) The opportunities to enhance nontimber resources
on those lands, including--
[(A) the protection of riparian buffers and
forest wetland;
[(B) the preservation of fish and wildlife
habitat;
[(C) the enhancement of soil, air, and water
quality; and
[(D) the preservation of aesthetic quality
and opportunities for outdoor recreation.
[(6) The anticipated demand for timber and nontimber
resources in each State.
[(7) The need to improve forest health to minimize
the damaging effects of catastrophic fire, insects,
disease, or weather.
[(8) The need and demand for agroforestry practices
in each State.
[(9) The need to maintain and enhance the forest
landbase.
[(10) The need for afforestation, reforestation, and
timber stand improvement.
[(j) Availability of Funds.--The Secretary shall use
$100,000,000 of funds of the Commodity Credit Corporation to
carry out the Program during the period beginning on the date
of enactment of the Farm Security and Rural Investment Act of
2002 and ending on September 30, 2007.
[(k) 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 by any nonindustrial private
individual, group, association, corporation,
Indian tribe, or other private legal entity so
long as the individual, group, association,
corporation, tribe, or entity has definitive
decision-making authority over the lands.
[(2) Committee.--The terms ``State Forest Stewardship
Coordinating Committee'' and ``Committee'' means a
State Forest Stewardship Coordinating Committee
established under section 19(b).
[(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
[(4) Owner.--The term ``owner'' means an owner of
nonindustrial private forest land.
[(5) Program.--The term ``program'' means the forest
land enhancement program established by this section.
[(6) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
[(7) State forester.--The term ``State forester''
means the director or other head of a State Forestry
Agency or equivalent State official.]
* * * * * * *
[SEC. 6. WATERSHED FORESTRY ASSISTANCE PROGRAM.
[(a) Definition of Nonindustrial Private Forest Land.--In
this section, the term ``nonindustrial private forest land''
means rural land, as determined by the Secretary, that--
[(1) has existing tree cover or that is suitable for
growing trees; and
[(2) is owned by any nonindustrial private
individual, group, association, corporation, or other
private legal entity, that has definitive
decisionmaking authority over the land.
[(b) General Authority and Purpose.--The Secretary, acting
through the Chief of the Forest Service and (where appropriate)
through the National Institute of Food and Agriculture, may
provide technical, financial, and related assistance to State
foresters, equivalent State officials, or cooperative extension
officials at land grant colleges and universities and 1890
institutions for the purpose of expanding State forest
stewardship capacities and activities through State forestry
best-management practices and other means at the State level to
address watershed issues on non-Federal forested land and
potentially forested land.
[(c) Technical Assistance To Protect Water Quality.--
[(1) In general.--The Secretary, in cooperation with
State foresters or equivalent State officials, shall
engage interested members of the public, including
nonprofit organizations and local watershed councils,
to develop a program of technical assistance to protect
water quality described in paragraph (2).
[(2) Purpose of program.--The program under this
subsection shall be designed--
[(A) to build and strengthen watershed
partnerships that focus on forested landscapes
at the State, regional, and local levels;
[(B) to provide State forestry best-
management practices and water quality
technical assistance directly to owners of
nonindustrial private forest land;
[(C) to provide technical guidance to land
managers and policymakers for water quality
protection through forest management;
[(D) to complement State and local efforts to
protect water quality and provide enhanced
opportunities for consultation and cooperation
among Federal and State agencies charged with
responsibility for water and watershed
management; and
[(E) to provide enhanced forest resource data
and support for improved implementation and
monitoring of State forestry best-management
practices.
[(3) Implementation.--In the case of a participating
State, the program of technical assistance shall be
implemented by State foresters or equivalent State
officials.
[(d) Watershed Forestry Cost-Share Program.--
[(1) In general.--The Secretary shall establish a
watershed forestry cost-share program--
[(A) which shall be--
[(i) administered by the Forest
Service; and
[(ii) implemented by State foresters
or equivalent State officials in
participating States; and
[(B) under which funds or other support
provided to participating States shall be made
available for State forestry best-management
practices programs and watershed forestry
projects.
[(2) Watershed forestry projects.--The State
forester, an equivalent State official of a
participating State, or a Cooperative Extension
official at a land grant college or university or 1890
institution, in coordination with the State Forest
Stewardship Coordinating Committee established under
section 19(b) (or an equivalent committee) for that
State, shall make awards to communities, nonprofit
groups, and owners of nonindustrial private forest land
under the program for watershed forestry projects
described in paragraph (3).
[(3) Project elements and objectives.--A watershed
forestry project shall accomplish critical forest
stewardship, watershed protection, and restoration
needs within a State by demonstrating the value of
trees and forests to watershed health and condition
through--
[(A) the use of trees as solutions to water
quality problems in urban and rural areas;
[(B) community-based planning, involvement,
and action through State, local, and nonprofit
partnerships;
[(C) application of and dissemination of
monitoring information on forestry best-
management practices relating to watershed
forestry;
[(D) watershed-scale forest management
activities and conservation planning; and
[(E)(i) the restoration of wetland (as
defined by the States) and stream-side forests;
and
[(ii) the establishment of riparian
vegetative buffers.
[(4) Cost-sharing.--
[(A) Federal share.--
[(i) Funds under this subsection.--
Funds provided under this subsection
for a watershed forestry project may
not exceed 75 percent of the cost of
the project.
[(ii) Other federal funds.--The
percentage of the cost of a project
described in clause (i) that is not
covered by funds made available under
this subsection may be paid using other
Federal funding sources, except that
the total Federal share of the costs of
the project may not exceed 90 percent.
[(B) Form.--The non-Federal share of the
costs of a project may be provided in the form
of cash, services, or other in-kind
contributions.
[(5) Prioritization.--The State Forest Stewardship
Coordinating Committee for a State, or equivalent State
committee, shall prioritize watersheds in that State to
target watershed forestry projects funded under this
subsection.
[(6) Watershed forester.--Financial and technical
assistance shall be made available to the State
Forester or equivalent State official to create a State
watershed or best-management practice forester position
to--
[(A) lead statewide programs; and
[(B) coordinate watershed-level projects.
[(e) Distribution.--
[(1) In general.--Of the funds made available for a
fiscal year under subsection (g), the Secretary shall
use--
[(A) at least 75 percent of the funds to
carry out the cost-share program under
subsection (d); and
[(B) the remainder of the funds to deliver
technical assistance, education, and planning,
at the local level, through the State Forester
or equivalent State official.
[(2) Special considerations.--Distribution of funds
by the Secretary among States under paragraph (1) shall
be made only after giving appropriate consideration
to--
[(A) the acres of agricultural land,
nonindustrial private forest land, and highly
erodible land in each State;
[(B) the miles of riparian buffer needed;
[(C) the miles of impaired stream segments
and other impaired water bodies where forestry
practices can be used to restore or protect
water resources;
[(D) the number of owners of nonindustrial
private forest land in each State; and
[(E) water quality cost savings that can be
achieved through forest watershed management.
[(f) Willing Owners.--
[(1) In general.--Participation of an owner of
nonindustrial private forest land in the watershed
forestry assistance program under this section is
voluntary.
[(2) Written consent.--The watershed forestry
assistance program shall not be carried out on
nonindustrial private forest land without the written
consent of the owner of, or entity having definitive
decisionmaking over, the nonindustrial private forest
land.
[(g) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $15,000,000 for each
of fiscal years 2004 through 2008.]
SEC. 7. FOREST LEGACY PROGRAM.
(a) * * *
* * * * * * *
[(m) Appropriation.--There are authorized to be appropriated
such sums as may be necessary to carry out this section.]
(m) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated--
(1) such sums as are necessary for fiscal year 2012;
and
(2) $55,000,000 for each of fiscal years 2013 through
2017.
SEC. 7A. COMMUNITY FOREST AND OPEN SPACE CONSERVATION PROGRAM.
(a) * * *
* * * * * * *
[(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.]
(g) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated--
(1) such sums as are necessary for fiscal year 2012;
and
(2) $1,500,000 for each of fiscal years 2013 through
2017.
* * * * * * *
[SEC. 18. COOPERATIVE NATIONAL FOREST PRODUCTS MARKETING PROGRAM.
[(a) Findings and Purposes.--
[(1) Findings.--Congress finds that--
[(A) the health and vitality of the domestic
forest products industry is important to the
well-being of the economy of the United States;
[(B) the domestic forest products industry
has a significant potential for expansion in
both domestic and foreign markets;
[(C) many small-sized to medium-sized forest
products firms lack the tools that would enable
them to meet the increasing challenge of
foreign competition in domestic and foreign
markets; and
[(D) a new cooperative forest products
marketing program will improve the
competitiveness of the United States forest
products industry.
[(2) Purposes.--The purposes of this section are to--
[(A) provide direct technical assistance to
the United States forest products industry to
improve marketing activities;
[(B) provide cost-share grants to States to
support State and regional forest products
marketing programs; and
[(C) target assistance to small-sized and
medium-sized producers of solid wood and
processed wood products, including pulp.
[(b) Program Authority.--
[(1) In general.--The Secretary shall establish a
cooperative national forest products marketing program
under this Act that provides--
[(A) technical assistance to States,
landowners, and small-sized to medium-sized
forest products firms on ways to improve
domestic and foreign markets for forest
products; and
[(B) grants of financial assistance with
matching requirements to the States to assist
in State and regional forest products marketing
efforts targeted to aid small-sized to medium-
sized forest products firms and private,
nonindustrial forest landowners.
[(2) Interstate cooperative agreements.--Grant
agreements shall encourage the establishment of
interstate cooperative agreements by the States for the
purpose of promoting the development of domestic and
foreign markets for forest products.
[(c) Limitations.--
[(1) Cooperation with other federal agencies.--In
carrying out this section, the Secretary shall
cooperate with Federal departments and agencies to
avoid the duplication of efforts and to increase
program efficiency.
[(2) Domestic program.--The program authorized under
this section shall be carried out within the United
States and not be extended to Department of Agriculture
activities in foreign countries.
[(d) Authorization for Appropriations.--There are authorized
to be appropriated $5,000,000 for each of the fiscal years 1988
through 1991, to carry out this section.
[(e) Program Report.--The Secretary shall report to Congress
annually on the activities taken under the marketing program
established under this section. A final report including
recommendations for program changes and the need and
desirability of the reauthorization of this authority, and
required levels of funding, shall be submitted to Congress not
later than September 30, 1990.]
* * * * * * *
----------
HEALTHY FORESTS RESTORATION ACT OF 2003
* * * * * * *
TITLE III--WATERSHED FORESTRY ASSISTANCE
* * * * * * *
[SEC. 303. TRIBAL WATERSHED FORESTRY ASSISTANCE.
[(a) In General.--The Secretary of Agriculture (referred to
in this section as the ``Secretary''), acting through the Chief
of the Forest Service, shall provide technical, financial, and
related assistance to Indian tribes for the purpose of
expanding tribal stewardship capacities and activities through
tribal forestry best-management practices and other means at
the tribal level to address watershed issues on land under the
jurisdiction of or administered by the Indian tribes.
[(b) Technical Assistance To Protect Water Quality.--
[(1) In general.--The Secretary, in cooperation with
Indian tribes, shall develop a program to provide
technical assistance to protect water quality, as
described in paragraph (2).
[(2) Purpose of program.--The program under this
subsection shall be designed--
[(A) to build and strengthen watershed
partnerships that focus on forested landscapes
at the State, regional, tribal, and local
levels;
[(B) to provide tribal forestry best-
management practices and water quality
technical assistance directly to Indian tribes;
[(C) to provide technical guidance to tribal
land managers and policy makers for water
quality protection through forest management;
[(D) to complement tribal efforts to protect
water quality and provide enhanced
opportunities for consultation and cooperation
among Federal agencies and tribal entities
charged with responsibility for water and
watershed management; and
[(E) to provide enhanced forest resource data
and support for improved implementation and
monitoring of tribal forestry best-management
practices.
[(c) Watershed Forestry Program.--
[(1) In general.--The Secretary shall establish a
watershed forestry program in cooperation with Indian
tribes.
[(2) Programs and projects.--Funds or other support
provided under the program shall be made available for
tribal forestry best-management practices programs and
watershed forestry projects.
[(3) Annual awards.--The Secretary shall annually
make awards to Indian tribes to carry out this
subsection.
[(4) Project elements and objectives.--A watershed
forestry project shall accomplish critical forest
stewardship, watershed protection, and restoration
needs within land under the jurisdiction of or
administered by an Indian tribe by demonstrating the
value of trees and forests to watershed health and
condition through--
[(A) the use of trees as solutions to water
quality problems;
[(B) application of and dissemination of
monitoring information on forestry best-
management practices relating to watershed
forestry;
[(C) watershed-scale forest management
activities and conservation planning;
[(D) the restoration of wetland and stream-
side forests and the establishment of riparian
vegetative buffers; and
[(E) tribal-based planning, involvement, and
action through State, tribal, local, and
nonprofit partnerships.
[(5) Prioritization.--An Indian tribe that
participates in the program under this subsection shall
prioritize watersheds in land under the jurisdiction of
or administered by the Indian tribe to target watershed
forestry projects funded under this subsection.
[(6) Watershed forester.--The Secretary may provide
to Indian tribes under this section financial and
technical assistance to establish a position of tribal
forester to lead tribal programs and coordinate small
watershed-level projects.
[(d) Distribution.--The Secretary shall devote--
[(1) at least 75 percent of the funds made available
for a fiscal year under subsection (e) to the program
under subsection (c); and
[(2) the remainder of the funds to deliver technical
assistance, education, and planning in the field to
Indian tribes.
[(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $2,500,000 for each
of fiscal years 2004 through 2008.]
* * * * * * *
TITLE V--HEALTHY FORESTS RESERVE PROGRAM
* * * * * * *
SEC. 508. FUNDING.
(a) [In General] Fiscal Years 2009 Through 2012.--Of the
funds of the Commodity Credit Corporation, the Secretary of
Agriculture shall make available $9,750,000 for each of fiscal
years 2009 through 2012 to carry out this title.
(b) Fiscal Years 2013 Through 2017.--There is authorized to
be appropriated to the Secretary of Agriculture to carry out
this section $9,750,000 for each of fiscal years 2013 through
2017.
(c) Additional Source of Funds.--In addition to funds
appropriated pursuant to the authorization of appropriations in
subsection (b) for a fiscal year, the Secretary may use such
amount of the funds appropriated for that fiscal year to carry
out the Soil Conservation and Domestic Allotment Act (16 U.S.C.
590a et seq.) as the Secretary determines necessary to cover
the cost of technical assistance, management, and enforcement
responsibilities for land enrolled in the healthy forests
reserve program pursuant to subsections (a) and (b) of section
504.
[(b)] (d) Duration of Availability.--The funds made available
under subsection (a) shall remain available until expended.
* * * * * * *
----------
SECTION 322 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 1993
[SEC. 322. FOREST SERVICE DECISIONMAKING AND APPEALS REFORM.
[(a) In General.--In accordance with this section, the
Secretary of Agriculture, acting through the Chief of the
Forest Service, shall establish a notice and comment process
for proposed actions of the Forest Service concerning projects
and activities implementing land and resource management plans
developed under the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1601 et seq.) and shall modify
the procedure for appeals of decisions concerning such
projects.
[(b) Notice and Comment.--
[(1) Notice.--Prior to proposing an action referred
to in subsection (a), the Secretary shall give notice
of the proposed action, and the availability of the
action for public comment by--
[(A) promptly mailing notice about the
proposed action to any person who has requested
it in writing, and to persons who are known to
have participated in the decisionmaking
process; and,
[(B)(i) in the case of an action taken by the
Chief of the Forest Service, publishing notice
of action in the Federal Register; or
[(ii) in the case of any other action
referred to in subsection (a), publishing
notice of the action in a newspaper of general
circulation that has previously been identified
in the Federal Register as the newspaper in
which notice under this paragraph may be
published.
[(2) Comment.--The Secretary shall accept comments on
the proposed action within 30 days after publication of
the notice in accordance with paragraph (1).
[(c) Right to Appeal.--Not later than 45 days after the date
of issuance of a decision of the Forest Service concerning
actions referred to in subsection (a), a person who was
involved in the public comment process under subsection (b)
through submission of written or oral comments or by otherwise
notifying the Forest Service of their interest in the proposed
action may file an appeal.
[(d) Disposition of an Appeal.--
[(1) Informal disposition.--
[(A) In general.--Subject to subparagraph
(B), a designated employee of the Forest
Service shall offer to meet with each
individual who files an appeal in accordance
with subsection (c) and attempt to dispose of
the appeal.
[(B) Time and location of the meeting.--Each
meeting in accordance with subparagraph (A)
shall take place--
[(i) not later than 15 days after the
closing date for filing an appeal; and
[(ii) at a location designated by the
Chief of the Forest Service that is in
the vicinity of the lands affected by
the decision.
[(2) Formal review.--If the appeal is not disposed of
in accordance with paragraph (1), an appeals review
officer designated by the Chief of the Forest Service
shall review the appeal and recommend in writing, to
the official responsible for deciding the appeal, the
appropriate disposition of the appeal. The official
responsible for deciding the appeal shall then decide
the appeal. The appeals review officer shall be a line
officer at least at the level of the agency official
who made the initial decision on the project or
activity that is under appeal, who has not participated
in the initial decision and will not be responsible for
implementation of the initial decision after the appeal
is decided.
[(3) Time for disposition.--Disposition of appeals
under this subsection shall be completed not later than
30 days after the closing date for filing of an appeal,
provided that the Forest Service may extend the closing
date by an additional 15 days.
[(4) If the Secretary fails to decide the appeal
within the 45-day period, the decision on which the
appeal is based shall be deemed to be a final agency
action for the purpose of chapter 7 of title 5, United
States Code.
[(e) Stay.--Unless the Chief of the Forest Service determines
that an emergency situation exists with respect to a decision
of the Forest Service, implementation of the decision shall be
stayed during the period beginning on the date of the
decision--
[(1) for 45 days, if an appeal is not filed, or
[(2) for an additional 15 days after the date of the
disposition of an appeal under this section, if the
agency action is deemed final under subsection (d)(4).]
----------
GLOBAL CLIMATE CHANGE PREVENTION ACT OF 1990
* * * * * * *
TITLE XXIV--GLOBAL CLIMATE CHANGE
* * * * * * *
SEC. 2405. OFFICE OF INTERNATIONAL FORESTRY.
(a) * * *
* * * * * * *
[(d) Authorization of Appropriations.--There are authorized
to be appropriated for each of fiscal years 1996 through 2012
such sums as are necessary to carry out this section.]
(d) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated--
(1) such sums as are necessary for each of fiscal
years 1996 through 2012; and
(2) $6,000,000 for each of fiscal years 2013 through
2017.
* * * * * * *
----------
SECTION 347 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 1999
STEWARDSHIP END RESULT CONTRACTING PROJECTS
Sec. 347. (a) In General.--Until September 30, [2013] 2017,
the Forest Service and the Bureau of Land Management, via
agreement or contract as appropriate, may enter into
stewardship contracting projects with private persons or other
public or private entities to perform services to achieve land
management goals for the national forests and the public lands
that meet local and rural community needs.
* * * * * * *
----------
FARMER-TO-CONSUMER DIRECT MARKETING ACT OF 1976
* * * * * * *
SEC. 6. FARMERS' MARKET AND LOCAL FOOD PROMOTION PROGRAM.
(a) Establishment.--The Secretary shall carry out a program,
to be known as the ``Farmers' Market and Local Food Promotion
Program'' (referred to in this section as the ``Program''), to
make grants to eligible entities for projects to establish,
expand, and promote [farmers' markets and to promote] direct
producer-to-consumer marketing[.] and assist in the development
of local food business enterprises.
(b) Program Purposes.--
[(1) In general.--The purposes of the Program are--
[(A) to increase domestic consumption of
agricultural commodities by improving and
expanding, or assisting in the improvement and
expansion of, domestic farmers' markets,
roadside stands, community-supported
agriculture programs, agri-tourism activities,
and other direct producer-to-consumer market
opportunities; and
[(B) to develop, or aid in the development
of, new farmers' markets, roadside stands,
community-supported agriculture programs, agri-
tourism activities, and other direct producer-
to-consumer marketing opportunities.]
(1) In general.--The purposes of the Program are to
increase domestic consumption of, and consumer access
to, locally and regionally produced agricultural
products by assisting in the development, improvement,
and expansion of--
(A) domestic farmers' markets, roadside
stands, community-supported agriculture
programs, agritourism activities, and other
direct producer-to-consumer market
opportunities; and
(B) local and regional food business
enterprises that process, distribute,
aggregate, and store locally or regionally
produced food products.
* * * * * * *
(c) Eligible Entities.--An entity shall be eligible to
receive a grant under the Program if the entity is--
(1) an agricultural cooperative or other agricultural
business entity or a producer network or association,
including a community supported agriculture network or
association;
* * * * * * *
(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications submitted by
eligible entities that include proposals for projects that--
(1) benefit underserved communities;
(2) develop market opportunities for small and mid-
sized farm and ranch operations; and
(3) include a strategic plan to maximize the use of
funds to build capacity for local and regional food
systems in a community.
(f) Funds Requirements for Eligible Entities.--
(1) Matching funds.--An entity receiving a grant
under this section for a project to carry out a purpose
described in subsection (b)(1)(B) shall provide
matching funds in the form of cash or an in-kind
contribution in an amount equal to 25 percent of the
total cost of such project.
(2) Limitation on use of funds.--An eligible entity
may not use a grant or other assistance provided under
this section for the purchase, construction, or
rehabilitation of a building or structure.
[(e)] (g) Funding.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
section--
(A) * * *
(B) $5,000,000 for each of fiscal years 2009
through 2010; [and]
(C) $10,000,000 for each of fiscal years 2011
and 2012[.]; and
(D) $20,000,000 for each of fiscal years 2013
through 2017.
[(2) Use of funds.--Not less than 10 percent of the
funds used to carry out this section in a fiscal year
under paragraph (1) shall be used to support the use of
electronic benefits transfers for Federal nutrition
programs at farmers' markets.]
(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 2013 through 2017.
(3) Use of funds.--Of the funds made available to
carry out this section for a fiscal year, 50 percent of
such funds shall be used for the purposes described in
subparagraph (A) of subsection (b)(1) and 50 percent of
such funds shall be used for the purposes described in
subparagraph (B) of such subsection.
(4) Limitation on administrative expenses.--Not more
than 5 percent of the total amount made available to
carry out this section for a fiscal year may be used
for administrative expenses.
[(3)] (5) Interdepartmental coordination.--In
carrying out this subsection, the Secretary shall
ensure coordination between the various agencies to the
maximum extent practicable.
[(4) Limitation.--Funds described in paragraph (2)--
[(A) may not be used for the ongoing cost of
carrying out any project; and
[(B) shall only be provided to eligible
entities that demonstrate a plan to continue to
provide EBT card access at 1 or more farmers'
markets following the receipt of the grant.]
* * * * * * *
----------
ORGANIC FOODS PRODUCTION ACT OF 1990
* * * * * * *
TITLE XXI--ORGANIC CERTIFICATION
* * * * * * *
SEC. 2122. ADMINISTRATION.
(a) * * *
* * * * * * *
(c) Modernization and Technology Upgrade for National Organic
Program.--The Secretary shall modernize database and technology
systems of the national organic program.
SEC. 2122A. INVESTIGATIONS AND ENFORCEMENT.
(a) Investigation.--
(1) In general.--The Secretary may take such
investigative actions as the Secretary considers to be
necessary to carry out this title--
(A) to verify the accuracy of any information
reported or made available under this title;
and
(B) to determine, with regard to actions,
practices, or information required under this
title, whether a person covered by this title
has committed a violation of any provision of
this title.
(2) Investigative powers.--The Secretary may
administer oaths and affirmations, subpoena witnesses,
compel attendance of witnesses, take evidence, and
require the production of any records required to be
maintained under section 2112(d) or 2116(c) that are
relevant to the investigation.
(b) Unlawful Act.--It shall be unlawful and a violation of
this title for any person covered by this title--
(1) to refuse to provide information required by the
Secretary under this title; or
(2) to violate--
(A) a suspension or revocation of the organic
certification of a producer or handler; or
(B) a suspension or revocation of the
accreditation of a certifying agent.
(c) Enforcement.--
(1) Suspension.--
(A) In general.--The Secretary may, after
notice and opportunity for an expedited
administrative hearing, suspend the organic
certification of a producer or handler, or
accreditation of a certifying agent, if the
Secretary has reason to believe that a person
producing or handling an agricultural product,
or a certifying agent, has violated or is
violating any provision of this title. The
decision to suspend a certification under this
subparagraph by the Secretary may be appealed
to a United States district court not later
than 30 days after such decision is made and
shall not take effect until judicial review of
such decision is completed.
(B) Continuation of suspension through
appeal.--If the Secretary determines subsequent
to an investigation that a violation of this
title by a person covered by this title has
occurred, the suspension shall remain in effect
until the Secretary issues a revocation of the
certification of the person or of the
accreditation of the certifying agent, covered
by this title, after an expedited
administrative appeal under section 2121 has
been completed.
(2) Revocation.--After notice and opportunity for an
administrative appeal under section 2121, if a
violation of this title is determined to have occurred,
the Secretary shall revoke the organic certification of
the producer or handler, or the accreditation of the
certifying agent.
(d) Appeal.--
(1) In general.--A revocation of a certification or
an accreditation under subsection (c)(2) shall be final
and conclusive unless the affected person files an
appeal of the revocation, if the affected person so
elects, to a United States district court as provided
in section 2121(b) not later than 30 days after the
date of the revocation under subsection (c)(2).
(2) Standard.--A revocation of a certification or an
accreditation under subsection (c)(2) shall be set
aside only if the revocation of such certification or
such accreditation is clearly erroneous.
(e) Noncompliance.--
(1) In general.--If a person covered by this title
fails to obey a revocation of a certification or an
accreditation under subsection (c)(2) after such
revocation has become final and conclusive or after the
appropriate United States district court has entered a
final judgment in favor of the Secretary, the United
States may apply to the appropriate United States
district court for enforcement of such revocation.
(2) Enforcement.--If the court determines that the
revocation was lawfully made and duly served and that
the person violated the revocation, the court shall
enforce the revocation.
(3) Civil penalty.--If the court finds that the
person violated the revocation of a certification or an
accreditation under subsection (c)(2), the person shall
be subject to one or more of the penalties provided in
subsections (a) and (b) of section 2120.
SEC. 2123. AUTHORIZATION OF APPROPRIATIONS.
(a) * * *
(b) National Organic Program.--Notwithstanding any other
provision of law, in order to carry out activities under the
national organic program established under this title, there
are authorized to be appropriated--
(1) * * *
* * * * * * *
(5) $11,000,000 for fiscal year 2012; [and]
(6) $11,000,000 for each of fiscal years 2013 through
2017; and
[(6)] (7) in addition to those amounts, such
additional sums as are necessary for fiscal year 2009
and each fiscal year thereafter.
(c) Modernization and Technology Upgrade for National Organic
Program.--Of the funds of the Commodity Credit Corporation and
in addition to any other funds made available to carry out
section 2122(c), the Secretary shall use to carry out such
section $5,000,000 for fiscal year 2013, to remain available
until expended.
----------
SPECIALTY CROPS COMPETITIVENESS ACT OF 2004
* * * * * * *
TITLE I--STATE ASSISTANCE FOR SPECIALTY CROPS
SEC. 101. SPECIALTY CROP BLOCK GRANTS.
(a) Availability and Purpose of Grants.--Using the funds made
available under [subsection (j)] subsection (l), the Secretary
of Agriculture shall make grants to States for each of the
fiscal years 2005 through [2012] 2017 to be used by State
departments of agriculture solely to enhance the
competitiveness of specialty crops.
[(b) Grants Based on Value of Production.--Subject to
subsection (c), the amount of the grant for a fiscal year to a
State under this section shall bear the same ratio to the total
amount made available under subsection (j) for that fiscal year
as the value of specialty crop production in the State during
the preceding calendar year bears to the value of specialty
crop production during the preceding calendar year in all
States whose application for a grant for that fiscal year is
accepted by the Secretary under subsection (f).]
(b) Grants Based on Value and Acreage.--Subject to subsection
(c), for each State whose application for a grant for a fiscal
year that is accepted by the Secretary under subsection (f),
the amount of the grant for such fiscal year to the State under
this section shall bear the same ratio to the total amount made
available under subsection (l)(1) for such fiscal year as--
(1) the average of the most recent available value of
specialty crop production in the State and the acreage
of specialty crop production in the State, as
demonstrated in the most recent Census of Agriculture
data; bears to
(2) the average of the most recent available value of
specialty crop production in all States and the acreage
of specialty crop production in all States, as
demonstrated in the most recent Census of Agriculture
data.
* * * * * * *
(j) Multistate Projects.--Not later than 180 days after the
effective date of the Federal Agriculture Reform and Risk
Management Act of 2012, the Secretary of Agriculture shall
issue guidance for the purpose of making grants to multistate
projects under this section for projects involving--
(1) food safety;
(2) plant pests and disease;
(3) research;
(4) crop-specific projects addressing common issues;
and
(5) any other area that furthers the purposes of this
section, as determined by the Secretary.
(k) Administration.--
(1) Department.--The Secretary of Agriculture may not
use more than 3 percent of the funds made available to
carry out this section for a fiscal year for
administrative expenses.
(2) States.--A State receiving a grant under this
section may not use more than 8 percent of the funds
received under the grant for a fiscal year for
administrative expenses.
[(j)] (l) Funding.--[Of the funds]
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall make
grants under this section, using--
[(1)] (A) $10,000,000 for fiscal year 2008;
[(2)] (B) $49,000,000 for fiscal year 2009;
[and]
[(3)] (C) $55,000,000 for each of fiscal
years 2010 through 2012[.]; and
(D) $70,000,000 for fiscal year 2013 and each
fiscal year thereafter.
(2) Multistate projects.--Of the funds made available
under paragraph (1), the Secretary may use to carry out
subsection (j), to remain available until expended--
(A) $1,000,000 for fiscal year 2013;
(B) $2,000,000 for fiscal year 2014;
(C) $3,000,000 for fiscal year 2015;
(D) $4,000,000 for fiscal year 2016; and
(E) $5,000,000 for fiscal year 2017.
* * * * * * *
----------
EXPORT APPLE ACT
* * * * * * *
Sec. 4. [Apples in] (a) Apples in less than carload lots as
defined by the Secretary may, in his discretion, be shipped to
any foreign country without complying with the provisions of
this Act.
(b) Apples may be shipped to Canada in bulk bins without
complying with the provisions of this Act.
* * * * * * *
Sec. 9. That when used in this Act--
(1) * * *
* * * * * * *
(5) The term ``bulk bin'' means a bin that contains a
quantity of apples weighing more than 100 pounds.
* * * * * * *
----------
AGRICULTURAL ADJUSTMENT ACT
TITLE I--AGRICULTURAL ADJUSTMENT
* * * * * * *
Part 2--Commodity Benefits
* * * * * * *
Sec. 8e. (a) Subject to the provisions of subsections (c) and
(d) and notwithstanding any other provision of law, whenever a
marketing order issued by the Secretary of Agriculture pursuant
to section 8c of this Act contains any terms or conditions
regulating the grade, size, quality, or maturity of tomatoes,
raisins, olives (other than Spanish-style green olives), olive
oil, prunes, avocados, mangoes, limes, grapefruit, green
peppers, Irish potatoes, cucumbers, oranges, onions, walnuts,
dates, filberts, table grapes, eggplants, kiwifruit,
nectarines, clementines, plums, pistachios, apples, or
caneberries (including raspberries, blackberries, and
loganberries) produced in the United States the importation
into the United States of any such commodity, other than dates
for processing, during the period of time such order is in
effect shall be prohibited unless it complies with the grade,
size, quality, and maturity provisions of such order or
comparable restrictions promulgated hereunder: Provided, That
this prohibition shall not apply to such commodities when
shipped into continental United States from the Commonwealth of
Puerto Rico or any Territory or possession of the United States
where this Act has force and effect: Provided further, That
whenever two or more such marketing orders regulating the same
agricultural commodity produced in different areas of the
United States are concurrently in effect, the importation into
the United States of any such commodity, other than dates for
processing, shall be prohibited unless it complies with the
grade, size, quality, and maturity provisions of the order
which, as determined by the Secretary of Agriculture, regulates
the commodity produced in the area with which the imported
commodity is in most direct competition. Such prohibition shall
not become effective until after the giving of such notice as
the Secretary of Agriculture determines reasonable, which shall
not be less than three days. In determining the amount of
notice that is reasonable in the case of tomatoes the Secretary
of Agriculture shall give due consideration to the time
required for their transportation and entry into the United
States after picking. Whenever the Secretary of Agriculture
finds that the application of the restrictions under a
marketing order to an imported commodity is not practicable
because of variations in characteristics between the domestic
and imported commodity he shall establish with respect to the
imported commodity, other than dates for processing, such
grade, size, quality, and maturity restrictions by varieties,
types, or other classifications as he finds will be equivalent
or comparable to those imposed upon the domestic commodity
under such order. The Secretary of Agriculture may promulgate
such rules and regulations as he deems necessary, to carry out
the provisions of this section. Any person who violates any
provision if this section or of any rule, regulation, or order
promulgated hereunder shall be subject to a forfeiture in the
amount prescribed in section 8a(5) or, upon conviction, a
penalty in the amount prescribed in section 8c(14) of the Act,
or to both such forfeiture and penalty.
* * * * * * *
----------
PLANT PROTECTION ACT
TITLE IV--PLANT PROTECTION ACT
* * * * * * *
Subtitle A--Plant Protection
SEC. 411. REGULATION OF MOVEMENT OF PLANT PESTS.
(a) * * *
* * * * * * *
(c) Limitation on Analyses and Procedures for Permits.--
Notwithstanding any other provision of law, the analyses or
procedures required under the regulations issued by the
Secretary under the Federal Plant Pest Act and continued in
effect in accordance with section 438(c) shall be the only
analyses or procedures required or authorized by law with
respect to reviewing and taking action on an application for a
permit submitted under subsection (a).
(d) Environmental Analysis Applicable to Certain Permits.--
Notwithstanding any other provision of law, in reviewing an
application for a permit submitted under subsection (a) that is
not excluded from environmental review under regulations issued
by the Secretary in effect on the date of the enactment of this
subsection (or any successor regulations), the Secretary shall
conduct an environmental analysis described in section
411A(b)(1)(B). Such analysis shall be the only environmental
analysis or procedure required or authorized by law with
respect to reviewing and taking action on such an application.
[(c)] (e) Authorization of Movement of Plant Pests by
Regulation.--
(1) * * *
* * * * * * *
[(d)] (f) Prohibition of Unauthorized Mailing of Plant
Pests.--
(1) * * *
* * * * * * *
[(e)] (g) Regulations.--Regulations issued by the Secretary
to implement subsections (a), (c), and (d) may include
provisions requiring that any plant pest imported, entered, to
be exported, moved in interstate commerce, mailed, or delivered
from any post office--
(1) * * *
* * * * * * *
SEC. 411A. PETITION TO DETERMINE ORGANISM NOT A PLANT PEST.
(a) Petition.--A person may petition the Secretary for a
determination that an organism that is subject to regulation by
the Secretary as a plant pest under this Act is not a plant
pest for purposes of this Act.
(b) Review of Petition.--
(1) Assessment and analysis required.--In reviewing a
petition submitted under subsection (a), the Secretary
shall conduct the following with respect to an organism
that is the subject of the petition:
(A) Plant pest risk assessment.--An
assessment of the likelihood that such organism
is a plant pest.
(B) Environmental analysis.--An analysis of
any likely adverse effects of such organism on
the soil, water, air quality, non-target
organisms, and listed threatened and endangered
species and the critical habitat of such
species for the environment in which such
organism is likely to be grown or otherwise
used under the conditions specified in such
petition.
(2) Determination.--The Secretary shall issue a
determination that an organism is not a plant pest for
purposes of this Act if the Secretary determines, based
on sound science and the plant pest risk assessment
conducted under paragraph (1)(A), that an organism is
not likely to be a plant pest.
(3) Review period.--
(A) Initial review period.--Not later than
one year after the date on which the Secretary
determines that a petition submitted under
subsection (a) is complete, the Secretary shall
complete the plant pest risk assessment and the
environmental analysis required under paragraph
(1) and issue a determination with respect to
such petition under paragraph (2).
(B) Extension.--The Secretary may extend the
one-year review period referred to in
subparagraph (A) for a petition for one
additional period of not more than 180 days if
the Secretary determines that additional review
is necessary. The Secretary shall notify the
person who submitted the petition, in writing,
of the reasons for the extension and an
estimate of the time period necessary to
complete the review.
(4) Effect of failure to meet time period.--
Notwithstanding any other provision of law, if after
completing the plant pest risk assessment, but not the
environmental analysis, required under paragraph (1),
the Secretary finds that there is no reason to believe
that an organism is a plant pest and does not grant or
deny a petition submitted under subsection (a) with
respect to such organism within the time period
required under paragraph (3), such organism shall be
deemed not to be a plant pest for purposes of this Act.
(5) Effect on pesticide registration.--In the case of
an organism containing a plant-incorporated protectant
(as defined in section 174.3 of title 40, Code of
Federal Regulations, or any successor regulation) with
respect to which an application for registration of the
plant-incorporated protectant is pending under the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136a et seq.), a determination made under
paragraph (2) that an organism is not a plant pest or
the deeming that an organism is not a plant pest under
paragraph (4) shall not be effective until the
registration of the plant-incorporated protectant
contained in such organism is approved under the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136a et seq.). If such registration is not
approved, a determination made under paragraph (2) that
an organism is not a plant pest or a deeming that an
organism is not a plant pest under paragraph (4) shall
not become effective.
(6) Subsequent authority to regulate.--
Notwithstanding a determination that an organism is not
a plant pest under paragraph (2) or that such organism
has been deemed not to be a plant pest under paragraph
(4), the Secretary may issue a determination, based on
information discovered after the date of such
determination or the date on which the organism was so
deemed and sound science, that an organism is a plant
pest for purposes of this Act.
(7) Public notice.--
(A) Notice.--The Secretary shall publish
notice in the Federal Register of--
(i) the grant or denial of a petition
submitted under subsection (a) with
respect to an organism; or
(ii) the deeming that such organism
is not a plant pest under paragraph
(4).
(B) Risk assessments and environmental
analysis.--The Secretary shall provide to the
person who submitted a petition under
subsection (a), and make available to the
public, the risk assessment and environmental
analysis prepared under paragraph (1) with
respect to such petition.
(c) Applicability of Environmental Analysis Conducted for
Petition to Determine Organism Not a Plant Pest.--
(1) Exclusive analysis performed.--Notwithstanding
any other provision of law, the environmental analysis
required under subsection (b)(1) and as specifically
described in such subsection shall be the only analysis
or procedure regarding the effects on the environment
of an organism that is the subject of a petition
submitted under subsection (a) required or authorized
by law with respect to reviewing and taking action on
such a petition.
(2) Prohibition on use of funds for other analyses.--
No funds made available by any Act shall be obligated,
expended, or used for any analysis or procedure
regarding the effects on the environment of an organism
conducted for purposes of this section other than the
environmental analysis required under subsection
(b)(1).
(3) Prohibition on solicitation of funds for
environmental analysis.--The Secretary shall not
require or solicit any financial assistance from a
person submitting a petition under subsection (a) for
any analysis or procedure regarding the effects on the
environment of an organism or for any other analysis or
procedure not specifically authorized by subsection
(b)(1).
(d) Use of Data From Permits for Purposes of Petition for a
Determination That an Organism Not a Plant Pest.--
Notwithstanding any other provision of law, the Secretary shall
use data collected under a permit issued by the Secretary under
section 411(a) with respect to an organism, among other
relevant data, for purposes of the review of a petition
submitted under subsection (a) with respect to such organism.
* * * * * * *
SEC. 420. PLANT PEST AND DISEASE MANAGEMENT AND DISASTER PREVENTION.
(a) * * *
* * * * * * *
(e) National Clean Plant Network.--
(1) In general.--The Secretary shall establish a
program to be known as the ``National Clean Plant
Network'' (referred to in this subsection as the
``Program'').
(2) Requirements.--Under the Program, the Secretary
shall establish a network of clean plant centers for
diagnostic and pathogen elimination services--
(A) to produce clean propagative plant
material; and
(B) to maintain blocks of pathogen-tested
plant material in sites located throughout the
United States.
(3) Availability of clean plant source material.--
Clean plant source material produced or maintained
under the Program may be made available to--
(A) a State for a certified plant program of
the State; and
(B) private nurseries and producers.
(4) Consultation and collaboration.--In carrying out
the Program, the Secretary shall--
(A) consult with--
(i) State departments of agriculture;
and
(ii) land-grant colleges and
universities and NLGCA Institutions (as
those terms are defined in section 1404
of the National Agricultural Research,
Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)); and
(B) to the extent practicable and with input
from the appropriate State officials and
industry representatives, use existing Federal
or State facilities to serve as clean plant
centers.
[(e)] (f) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out
this section--
(1) * * *
* * * * * * *
(3) $50,000,000 for fiscal year 2011; [and]
(4) $50,000,000 for fiscal year 2012 [and each fiscal
year thereafter.]; and
(5) $71,500,000 for fiscal year 2013 and each fiscal
year thereafter.
(g) Relationship to Other Law.--The use of Commodity Credit
Corporation funds under this section to provide technical
assistance shall not be considered an allotment or fund
transfer from the Commodity Credit Corporation for purposes of
the limit on expenditures for technical assistance imposed by
section 11 of the Commodity Credit Corporation Charter Act (15
U.S.C. 714i).
* * * * * * *
----------
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
* * * * * * *
SEC. 2. DEFINITIONS.
For purposes of this Act--
(a) * * *
* * * * * * *
(oo) Vector.--The term ``vector'' means any organism capable
of transmitting the causative agent of human disease or capable
of producing human discomfort or injury, including mosquitoes,
flies, fleas, cockroaches, bed bugs, or other insects and
ticks, mites, or rats.
SEC. 3. REGISTRATION OF PESTICIDES.
(a) * * *
* * * * * * *
(f) Miscellaneous.--
(1) * * *
* * * * * * *
(5) Use of authorized pesticides.--Except as provided
in section 402(s) of the Federal Water Pollution
Control Act, the Administrator or a State may not
require a permit under such Act for a discharge from a
point source into navigable waters of a pesticide
authorized for sale, distribution, or use under this
Act, or the residue of such a pesticide, resulting from
the application of such pesticide.
* * * * * * *
SEC. 4. REREGISTRATION OF REGISTERED PESTICIDES.
(a) * * *
* * * * * * *
(i) Fees.--
[(1) Initial fee for food or feed use pesticide
active ingredients.--The registrants of pesticides that
contain an active ingredient that is listed under
subparagraph (B), (C), or (D) of subsection (c)(2) and
that is an active ingredient of any pesticide
registered for a major food or feed use shall
collectively pay a fee of $50,000 on submission of
information under paragraphs (2) and (3) of subsection
(d) for such ingredient.
[(2) Final fee for food or feed use pesticide active
ingredients.--
[(A) The registrants of pesticides that
contain an active ingredient that is listed
under subparagraph (B), (C), or (D) of
subsection (c)(2) and that is an active
ingredient of any pesticide registered for a
major food or feed use shall collectively pay a
fee of $100,000--
[(i) on submission of information for
such ingredient under subsection (e)(1)
if data are reformatted under
subsection (e)(1)(C); or
[(ii) on submission of data for such
ingredient under subsection (e)(2)(B)
if data are not reformatted under
subsection (e)(1)(C).
[(B) The registrants of pesticides that
contain an active ingredient that is listed
under subsection (c)(2)(A) and that is an
active ingredient of any pesticide registered
for a major food or feed use shall collectively
pay a fee of $150,000 at such time as the
Administrator shall prescribe.
[(3) Fees for other pesticide active ingredients.--
[(A) The registrants of pesticides that
contain an active ingredient that is listed
under subparagraph (B), (C), or (D) of
subsection (c)(2) and that is not an active
ingredient of any pesticide registered for a
major food or feed use shall collectively pay
fees in amounts determined by the
Administrator. Such fees may not be less than
one-half of, nor greater than, the fees
required by paragraphs (1) and (2). A
registrant shall pay such fees at the times
corresponding to the times fees prescribed by
paragraphs (1) and (2) are to be paid.
[(B) The registrants of pesticides that
contain an active ingredient that is listed
under subsection (c)(2)(A) and that is not an
active ingredient of any pesticide that is
registered for a major food or feed use shall
collectively pay a fee of not more than
$100,000 and not less than $50,000 at such time
as the Administrator shall prescribe.
[(4) Reduction or waiver of fees for minor use and
other pesticides.--
[(A) An active ingredient that is contained
only in pesticides that are registered solely
for agricultural or nonagricultural minor uses,
or a pesticide the value or volume of use of
which is small, shall be exempt from the fees
prescribed by paragraph (3).
[(B) The Administrator shall exempt any
public health pesticide from the payment of the
fee prescribed under paragraph (3) if, in
consultation with the Secretary of Health and
Human Services, the Administrator determines,
based on information supplied by the
registrant, that the economic return to the
registrant from sales of the pesticide does not
support the registration or reregistration of
the pesticide.
[(C) An antimicrobial active ingredient, the
production level of which does not exceed
1,000,000 pounds per year, shall be exempt from
the fees prescribed by paragraph (3). For
purposes of this subparagraph, the term
``antimicrobial active ingredient'' means any
active ingredient that is contained only in
pesticides that are not registered for any food
or feed use and that are--
[(i) sanitizers intended to reduce
the number of living bacteria or viable
virus particles on inanimate surface or
in water or air;
[(ii) bacteriostats intended to
inhibit the growth of bacteria in the
presence of moisture;
[(iii) disinfectants intended to
destroy or irreversibly inactivate
bacteria, fungi, or viruses on surfaces
or inanimate objects;
[(iv) sterilizers intended to destroy
viruses and all living bacteria, fungi,
and their spores on inanimate surfaces;
or
[(v) fungicides or fungistats.
[(D)(i) Notwithstanding any other provision
of this subsection, in the case of a small
business registrant of a pesticide, the
registrant shall pay a fee for the
reregistration of each active ingredient of the
pesticide that does not exceed an amount
determined in accordance with this
subparagraph.
[(ii) If during the 3-year period prior to
reregistration the average annual gross revenue
of the registrant from pesticides containing
such active ingredient is--
[(I) less than $5,000,000, the
registrant shall pay 0.5 percent of
such revenue;
[(II) $5,000,000 or more but less
than $10,000,000, the registrant shall
pay 1 percent of such revenue; or
[(III) $10,000,000 or more, the
registrant shall pay 1.5 percent of
such revenue, but not more than
$150,000.
[(iii) For the purpose of this subparagraph,
a small business registrant is a corporation,
partnership, or unincorporated business that--
[(I) has 150 or fewer employees; and
[(II) during the 3-year period prior
to reregistration, had an average
annual gross revenue from chemicals
that did not exceed $40,000,000.]
[(5)] (1) Maintenance fee.--
(A) * * *
* * * * * * *
(C) Total amount of fees.--The amount of each
fee prescribed under subparagraph (A) shall be
adjusted by the Administrator to a level that
will result in the collection under this
paragraph of, to the extent practicable, an
[aggregate amount of $22,000,000 for each of
fiscal years 2008 through 2012] aggregate
amount of $27,800,000 for each of fiscal years
2013 through 2017.
(D) Maximum amount of fees for registrants.--
The maximum annual fee payable under this
paragraph by--
(i) a registrant holding not more
than 50 pesticide registrations [shall
be $71,000 for each of fiscal years
2008 through 2012;] shall be $115,500
for each of fiscal years 2013 through
2017; and
(ii) a registrant holding over 50
registrations [shall be $123,000 for
each of fiscal years 2008 through
2012.] shall be $184,800 for each of
fiscal years 2013 through 2017.
(E) Maximum amount of fees for small
businesses.--
(i) In general.--For a small
business, the maximum annual fee
payable under this paragraph by--
(I) a registrant holding not
more than 50 pesticide
registrations [shall be $50,000
for each of fiscal years 2008
through 2012;] shall be $70,600
for each of fiscal years 2013
through 2017; and
(II) a registrant holding
over 50 pesticide registrations
[shall be $86,000 for each of
fiscal years 2008 through
2012.] shall be $122,100 for
each of fiscal years 2013
through 2017.
* * * * * * *
(F) Fee reduction for certain small
businesses.--
(i) Waiver.--Except as provided in
clause (ii), the Administrator shall
waive 25 percent of the fee under this
paragraph applicable to the first
registration of any qualified small
business entity under this paragraph.
(ii) Limitation.--The Administrator
shall not grant a waiver under clause
(i) to a qualified small business
entity if the Administrator determines
that the entity has been formed or
manipulated primarily for the purpose
of qualifying for the waiver.
(iii) Definition.--For purposes of
this subparagraph, the term ``qualified
small business entity'' means a
corporation, partnership, or
unincorporated business that--
(I) has 500 or fewer
employees;
(II) during the 3-year period
prior to the most recent
maintenance fee billing cycle,
had an average annual global
gross revenue from all sources
that did not exceed
$10,000,000; and
(III) holds not more than 5
pesticide registrations under
this paragraph.
[(F)] (G) The Administrator shall exempt any
public health pesticide from the payment of the
fee prescribed under [paragraph (3)] this
paragraph if, in consultation with the
Secretary of Health and Humans Services, the
Administrator determines, based on information
supplied by the registrant, that the economic
return to the registrant from sales of the
pesticide does not support the registration or
reregistration of the pesticide.
[(G)] (H) If any fee prescribed by this
paragraph with respect to the registration of a
pesticide is not paid by a registrant by the
time prescribed, the Administrator, by order
and without hearing, may cancel the
registration.
[(H)] (I) The authority provided under this
paragraph shall terminate on September 30,
[2012] 2017.
[(6)] (2) Other fees.--Except as provided in section
33, during the period beginning on the date of
enactment of this section and ending on September 30,
[2014] 2019, the Administrator may not levy any other
fees for the registration of a pesticide under this Act
except as provided in [paragraphs (1) through (5)]
paragraph (5).
[(7) Apportionment.--
[(A) If two or more registrants are required
to pay any fee prescribed by paragraph (1),
(2), or (3) with respect to a particular active
ingredient, the fees for such active ingredient
shall be apportioned among such registrants on
the basis of the market share in United States
sales of the active ingredient for the 3
calendar years preceding the date of payment of
such fee, except that--
[(i) small business registrants that
produce the active ingredient shall pay
fees in accordance with paragraph
(4)(C); and
[(ii) registrants who have no market
share but who choose to reregister a
pesticide containing such active
ingredient shall pay the lesser of--
[(I) 15 percent of the
reregistration fee; or
[(II) a proportionate amount
of such fee based on the lowest
percentage market share held by
any registrant active in the
marketplace.
In no event shall registrants who have
no market share but who choose to
reregister a pesticide containing such
active ingredient collectively pay more
than 25 percent of the total active
ingredient reregistration fee.
[(B) The Administrator, by order, may require
any registrant to submit such reports as the
Administrator determines to be necessary to
allow the Administrator to determine and
apportion fees under this subsection, to
determine the registrant's eligibility for a
reduction or waiver of a fee, or to determine
the volume usage for public health pesticides.
[(C) If any such report is not submitted by a
registrant after receiving notice of such
report requirement, or if any fee prescribed by
this subsection (other than paragraph (5)) for
an active ingredient is not paid by a
registrant to the Administrator by the time
prescribed under this subsection, the
Administrator, by order and without hearing,
may cancel each registration held by such
registrant of a pesticide containing the active
ingredient with respect to which the fee is
imposed. The Administrator shall reapportion
the fee among the remaining registrants and
notify the registrants that the registrants are
required to pay to the Administrator any unpaid
balance of the fee within 30 days after receipt
of such notice.]
* * * * * * *
(k) Reregistration and Expedited Processing Fund.--
(1) * * *
(2) Source and use.--
(A) All moneys derived from fees collected by
the Administrator under subsection (i) shall be
deposited in the fund and shall be available to
the Administrator, without fiscal year
limitation, specifically to offset the costs of
reregistration and expedited processing of the
applications specified in paragraph (3), to
enhance the information systems capabilities to
improve the tracking of pesticide registration
decisions, and to offset the costs of
registration review under section 3(g). Such
moneys derived from fees may not be expended in
any fiscal year to the extent such moneys
derived from fees would exceed money
appropriated for use by the Administrator and
expended in such year for such costs of
reregistration and expedited processing of such
applications. The Administrator shall, prior to
expending any such moneys derived from fees--
(i) effective October 1, 1997, adopt
specific and cost accounting rules and
procedures as approved by the General
Accounting Office and the Inspector
General of the Environmental Protection
Agency to ensure that moneys derived
from fees are allocated solely to
offset the costs of reregistration and
expedited processing of the
applications specified in paragraph
(3), to enhance the information systems
capabilities to improve the tracking of
pesticide registration decisions, and
to offset the costs of registration
review under section 3(g) [in the same
portion as appropriated funds];
(ii) prohibit the use of such moneys
derived from fees to pay for any costs
other than those necessary to achieve
reregistration and expedited processing
of the applications specified in
paragraph (3), to enhance the
information systems capabilities to
improve the tracking of pesticide
registration decisions, and to offset
the costs of registration review under
section 3(g); and
* * * * * * *
(3) Review of inert ingredients; expedited processing
of similar applications.--
(A) The Administrator shall use for each of
the fiscal years 2004 through 2006,
approximately $3,300,000, and for each of
fiscal years [2008 through 2012, between \1/8\
and \1/7\] 2013 through 2017, between \1/9\ and
\1/8\, of the maintenance fees collected in
such fiscal year to obtain sufficient personnel
and resources--
(i) to review and evaluate [new]
inert ingredients; and
* * * * * * *
(4) Enhancements of information technology systems
for improvement in review of pesticide applications.--
(A) In general.--For each of fiscal years
2013 through 2017, the Administrator shall use
not more than $800,000 of the amounts made
available to the Administrator in the
Reregistration and Expedited Processing Fund
for the activities described in subparagraph
(B).
(B) Activities.--The Administrator shall use
amounts made available from such Fund to
improve the information systems capabilities
for the Office of Pesticide Programs to enhance
tracking of pesticide registration decisions,
which shall include--
(i) the electronic tracking of--
(I) registration submissions;
and
(II) the status of
conditional registrations;
(ii) enhancing the database for
information regarding endangered
species assessments for registration
review;
(iii) implementing the capability to
electronically review labels submitted
with registration actions; and
(iv) acquiring and implementing the
capability to electronically assess and
evaluate confidential statements of
formula submitted with registration
actions.
[(4)] (5) Unused funds.--Money in the fund not
currently needed to carry out this section shall be--
(A) * * *
* * * * * * *
[(5)] (6) Accounting and performance.--The
Administrator shall take all steps necessary to ensure
that expenditures from fees authorized by subsection
(i)(5)(C)(ii) are used only [to carry out the goals
established under subsection (l)] for the purposes
described in paragraphs (2), (3), and (4) and to carry
out the goals established under subsection (l). The
Reregistration and Expedited Processing Fund shall be
designated as an Environmental Protection Agency
component for purposes of section 3515(c) of title 31,
United States Code. The annual audit required under
section 3521 of such title of the financial statements
of activities under this Act under section 3515(b) of
such title shall include an audit of the fees collected
under subsection (i)(5)(C) and disbursed, of the amount
appropriated to match such fees, and of the
Administrator's attainment of performance measures and
goals established under subsection (l). Such an audit
shall also include a review of the reasonableness of
the overhead allocation and adequacy of disclosures of
direct and indirect costs associated with carrying out
the reregistration and expedited processing of the
applications specified in paragraph (3), and the basis
for and accuracy of all costs paid with moneys derived
from such fees. The Inspector General shall conduct the
annual audit and report the findings and
recommendations of such audit to the Administrator and
to the Committees on Agriculture of the House of
Representatives and the Senate. The cost of such audit
shall be paid for out of the fees collected under
subsection (i)(5)(C).
* * * * * * *
SEC. 25. AUTHORITY OF ADMINISTRATOR.
(a) * * *
(b) Exemption of Pesticides.--The Administrator may exempt
from the requirements of this Act by regulation any pesticide
which the Administrator determines either (1) to be adequately
regulated by another Federal agency, or (2) to be of a
character which is unnecessary to be subject to this Act in
order to carry out the purposes of this Act. Notwithstanding
the exemption of a pesticide under this subsection, the
Administrator shall require the submission of efficacy data
(and evaluate such data) if the pesticide is labeled for or
proposed to be labeled for the control of a pest of public
health significance. The Administrator shall not permit the
sale or distribution of any product that is marketed,
distributed, or sold with a claim that such product will
control a public health pest if the efficacy data submitted
under this subsection does not support such claim.
* * * * * * *
SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.
(a) * * *
(b) Fees.--
(1) * * *
* * * * * * *
(3) Schedule of covered applications and registration
service fees.--
(A) In general.--Not later than 30 days after
the effective date of the [Pesticide
Registration Improvement Renewal Act] Federal
Agriculture Reform and Risk Management Act of
2012, the Administrator shall publish in the
Federal Register a schedule of covered
pesticide registration applications and
corresponding registration service fees.
(B) Report.--Subject to paragraph (6), the
schedule shall be the same as the applicable
schedule appearing in the Congressional Record
on pages [S10409 through S10411, dated July 31,
2007.] S___ through S___, dated ___.
* * * * * * *
(6) Fee adjustment.--
(A) In general.--Effective for a covered
pesticide registration application received
during the period beginning on [October 1,
2008] October 1, 2013, and ending on [September
30, 2010] September 30, 2015, the Administrator
shall increase by 5 percent the registration
service fee payable for the application under
paragraph (3).
(B) Additional adjustment.--Effective for a
covered pesticide registration application
received on or after [October 1, 2010] October
1, 2015, the Administrator shall increase by an
additional 5 percent the registration service
fee in effect as of [September 30, 2010]
September 30, 2015.
* * * * * * *
(8) Refunds.--
(A) * * *
* * * * * * *
(C) Discretionary refunds.--
(i) * * *
(ii) Basis.--The Administrator may
provide a refund for an application
under this subparagraph--
(I) on the basis that, in
reviewing the application, the
Administrator has considered
data submitted in support of
another pesticide registration
application; [or]
(II) on the basis that the
Administrator completed
portions of the review of the
application before the
effective date of this
section[.]; or
(III) on the basis that the
Administrator rejected the
application under subsection
(f)(4)(B).
* * * * * * *
(c) Pesticide Registration Fund.--
(1) * * *
* * * * * * *
(3) Expenditures from fund.--
(A) * * *
(B) Worker protection.--
(i) In general.--For each of fiscal
years [2008 through 2012] 2013 through
2017, the Administrator shall use
approximately \1/17\ of the amount in
the Fund (but not less than $1,000,000)
to enhance scientific and regulatory
activities relating to worker
protection.
(ii) Partnership grants.--Of the
amounts in the Fund, the Administrator
shall use for partnership [grants--
[(I) for each of fiscal years
2008 and 2009, $750,000; and
[(II) for each of fiscal
years 2010 through 2012,
$500,000.] grants, for each of
fiscal years 2013 through 2017,
$500,000.
(iii) Pesticide safety education
program.--Of the amounts in the Fund,
the Administrator shall use $500,000
for each of fiscal years [2008 through
2012] 2013 through 2017 to carry out
the pesticide safety education program.
* * * * * * *
(d) Assessment of Fees.--
(1) * * *
(2) Minimum amount of appropriations.--Registration
service fees may not be assessed for a fiscal year
under this section unless the amount of appropriations
for salaries, contracts, and expenses for the functions
(as in existence in fiscal year [2002] 2012) of the
Office of Pesticide Programs of the Environmental
Protection Agency for the fiscal year (excluding the
amount of any fees appropriated for the fiscal year)
are equal to or greater than the amount of
appropriations for covered functions for fiscal year
[2002] 2012 (excluding the amount of any fees
appropriated for the fiscal year).
* * * * * * *
[(4) Compliance.--The requirements of paragraph (2)
shall have been considered to have been met for any
fiscal year if the amount of appropriations for
salaries, contracts, and expenses for the functions (as
in existence in fiscal year 2002) of the Office of
Pesticide Programs of the Environmental Protection
Agency for the fiscal year (excluding the amount of any
fees appropriated for the fiscal year) is not more than
3 percent below the amount of appropriations for
covered functions for fiscal year 2002 (excluding the
amount of any fees appropriated for the fiscal year).]
[(5)] (4) Subsequent authority.--If the Administrator
does not assess registration service fees under
subsection (b) during any portion of a fiscal year as
the result of paragraph (2) and is subsequently
permitted to assess the fees under subsection (b)
during the fiscal year, the Administrator shall assess
and collect the fees, without any modification in rate,
at any time during the fiscal year, notwithstanding any
provisions of subsection (b) relating to the date fees
are to be paid.
(e) Reforms to Reduce Decision Time Review Periods.--To the
maximum extent practicable consistent with the degrees of risk
presented by pesticides and the type of review appropriate to
evaluate risks, the Administrator shall identify and evaluate
reforms to the pesticide registration process under this Act
with the goal of reducing decision review periods in effect on
the effective date of the [Pesticide Registration Improvement
Act of 2003] Federal Agriculture Reform and Risk Management Act
of 2012 for pesticide registration actions for covered
pesticide registration applications (including reduced risk
applications).
(f) Decision Time Review Periods.--
(1) In general.--Not later than 30 days after the
effective date of the [Pesticide Registration
Improvement Renewal Act] Federal Agriculture Reform and
Risk Management Act of 2012, the Administrator shall
publish in the Federal Register a schedule of decision
review periods for covered pesticide registration
actions and corresponding registration service fees
under this Act.
(2) Report.--The schedule shall be the same as the
applicable schedule appearing in the Congressional
Record on pages [S10409 through S10411, dated July 31,
2007.] S__ through S___, dated ___.
* * * * * * *
(4) Start of decision time review period.--
(A) In general.--Except as provided in
subparagraphs (C), (D), and (E), in the case of
a pesticide registration application
accompanied by the registration service fee
required under this section, the decision time
review period begins 21 days after the date on
which the Administrator receives the covered
pesticide registration application and fee.
(B) [Completeness of application] Initial
content and preliminary technical screenings.--
(i) In general.--[Not later]
(I) Not later than 21 days
after receiving an application
and the required registration
service fee, the Administrator
shall conduct an initial
screening of the contents of
the application in accordance
with clause (iii).
(II) After conducting the
initial content screening
described in subclause (I) and
in accordance with clause (iv),
the Administrator shall conduct
a preliminary technical
screening--
(aa) not later than
45 days after the date
on which the decision
time review period
begins (for
applications with
decision time review
periods of not more
than 180 days); and
(bb) not later than
90 days after the date
on which the decision
time review period
begins (for
applications with
decision time review
periods greater than
180 days).
(ii) Rejection.--If the Administrator
determines [under clause (i) that the
application does not pass the initial
screening and cannot be corrected
within the 21-day period, the
Administrator shall reject the
application not later than 10 days
after making the determination.] at any
time before the Administrator completes
the preliminary technical screening
under clause (i)(II) that the
application failed the initial content
or preliminary technical screening and
the applicant does not correct such
failure before the date that is 10
business days after the applicant
receives a notification of the failure,
the Administrator shall reject the
application. The Administrator shall
make every effort to provide a written
notification of such rejection during
the 10-day period that begins on the
date the Administrator completes the
preliminary technical screening.
(iii) Requirements of initial content
screening.--In conducting an initial
content screening of an application,
the Administrator shall determine
whether--
(I) * * *
(II) the application
[contains] appears to contain
all the necessary forms, data,
and draft labeling, formatted
in accordance with guidance
published by the Administrator.
(iv) Requirements of preliminary
technical screening.--In conducting a
preliminary technical screening of an
application, the Administrator shall
determine if--
(I) the application and the
data and information submitted
with such application are
accurate and complete; and
(II) the application, data,
and information are consistent
with the proposed labeling and
any proposal for a tolerance or
exemption from the requirement
for a tolerance under section
408 of the Federal Food, Drug,
and Cosmetic Act, and are such
that, subject to full review
under the standards of this
Act, could result in the
granting of the application.
* * * * * * *
(k) Reports.--
(1) In general.--Not later than March 1, 2005, and
each March 1 thereafter through [March 1, 2014] March
1, 2017, the Administrator shall publish an annual
report describing actions taken under this section.
(2) Contents.--The report shall include--
(A) a review of the progress made in carrying
out each requirement of subsections (e) and
(f), including--
(i) * * *
* * * * * * *
(vi) to the extent determined
appropriate by the Administrator and
consistent with the authorities of the
Administrator and limitations on
delegation of functions by the
Administrator, recommendations for--
(I) * * *
* * * * * * *
(V) the allowance and use of
summaries of acute toxicity
studies; [and]
(vii) the use of performance-based
contracts, other contracts, and
procurement to ensure that--
(I) * * *
(II) the registration program
is administered in the most
productive and cost effective
manner practicable; and
(viii) the number of extensions of
decision time review periods agreed to
under subsection (f)(5) along with a
description of the reason that the
Administrator was unable to make a
decision within the initial decision
time review period;
* * * * * * *
(E) a review of the progress in meeting the
timeline requirements for the review of
antimicrobial pesticide products under section
3(h); [and]
(F) a review of the progress in carrying out
the review of inert ingredients, including the
number of applications pending, the number of
new applications, the number of applications
reviewed, staffing, and resources devoted to
the review of inert ingredients and
recommendations to improve the timeliness of
review of inert ingredients[.];
(G) a review of the progress made toward--
(i) carrying out section 4(k)(4) and
the amounts from the Reregistration and
Expedited Processing Fund used for the
purposes described in such section;
(ii) implementing systems for the
electronic tracking of registration
submissions by December 31, 2013;
(iii) implementing a system for
tracking the status of conditional
registrations, including making non-
confidential information related to
such conditional registrations publicly
available by December 31, 2013;
(iv) implementing enhancements to the
endangered species knowledge database,
including making non-confidential
information related to such database
publicly available;
(v) implementing the capability to
electronically submit and review labels
submitted with registration actions;
(vi) acquiring and implementing the
capability to electronically assess and
evaluate confidential statements of
formula submitted with registration
actions by December 31, 2014; and
(vii) facilitating public
participation in certain registration
actions and the registration review
process by providing electronic
notification to interested parties of
additions to the public docket;
(H) the number of applications rejected by
the Administrator under the initial content and
preliminary technical screening conducted under
subsection (f)(4);
(I) a review of the progress made in updating
the Pesticide Incident Data System, including
progress toward making the information
contained in such System available to the
public (as the Administrator determines is
appropriate); and
(J) an assessment of the public availability
of summary pesticide usage data.
* * * * * * *
(m) Termination of Effectiveness.--
(1) In general.--Except as provided in paragraph (2),
the authority provided by this section terminates on
September 30, [2012] 2017.
(2) Phase out.--
(A) Fiscal year [2013] 2018.--During fiscal
year [2013,] 2018, the requirement to pay and
collect registration service fees applies,
except that the level of registration service
fees payable under this section shall be
reduced 40 percent below the level in effect on
[September 30, 2012] September 30, 2017.
(B) Fiscal year [2014] 2019.--During fiscal
year [2014,] 2019, the requirement to pay and
collect registration service fees applies,
except that the level of registration service
fees payable under this section shall be
reduced 70 percent below the level in effect on
[September 30, 2012] September 30, 2017.
(C) September 30, [2014] 2019.--Effective
[September 30, 2014] September 30, 2019, the
requirement to pay and collect registration
service fees terminates.
(D) Decision review periods.--
(i) Pending applications.--In the
case of an application received under
this section before September 30,
[2012] 2017, the application shall be
reviewed in accordance with subsection
(f).
(ii) New applications.--In the case
of an application received under this
section on or after September 30,
[2012] 2017, subsection (f) shall not
apply to the application.
* * * * * * *
----------
FEDERAL FOOD, DRUG, AND COSMETIC ACT
* * * * * * *
CHAPTER IV--FOOD
* * * * * * *
TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
Sec. 408. (a) * * *
* * * * * * *
(m) Fees.--
(1) * * *
* * * * * * *
(3) Prohibition.--During the period beginning on the
effective date of the Pesticide Registration
Improvement Renewal Act and ending on [September 30,
2012] September 30, 2017, the Administrator shall not
collect any tolerance fees under paragraph (1).
* * * * * * *
----------
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE IV--PERMITS AND LICENSES
* * * * * * *
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Sec. 402. (a) * * *
* * * * * * *
(s) Discharges of Pesticides.--
(1) No permit requirement.--Except as provided in
paragraph (2), a permit shall not be required by the
Administrator or a State under this Act for a discharge
from a point source into navigable waters of a
pesticide authorized for sale, distribution, or use
under the Federal Insecticide, Fungicide, and
Rodenticide Act, or the residue of such a pesticide,
resulting from the application of such pesticide.
(2) Exceptions.--Paragraph (1) shall not apply to the
following discharges of a pesticide or pesticide
residue:
(A) A discharge resulting from the
application of a pesticide in violation of a
provision of the Federal Insecticide,
Fungicide, and Rodenticide Act that is relevant
to protecting water quality, if--
(i) the discharge would not have
occurred but for the violation; or
(ii) the amount of pesticide or
pesticide residue in the discharge is
greater than would have occurred
without the violation.
(B) Stormwater discharges subject to
regulation under subsection (p).
(C) The following discharges subject to
regulation under this section:
(i) Manufacturing or industrial
effluent.
(ii) Treatment works effluent.
(iii) Discharges incidental to the
normal operation of a vessel, including
a discharge resulting from ballasting
operations or vessel biofouling
prevention.
* * * * * * *
----------
SECTION 508 OF THE FEDERAL CROP INSURANCE ACT OF 1938
SEC. 508. CROP INSURANCE.
(a) * * *
* * * * * * *
(k) Reinsurance.--
(1) * * *
* * * * * * *
(8) Renegotiation of standard reinsurance
agreement.--
(A) * * *
* * * * * * *
(E) 2011 reinsurance year.--
(i) * * *
* * * * * * *
(iii) Equitable relief for specialty
crop policies.--
(I) In general.--For each of
the 2011 through 2015
reinsurance years, in addition
to the total amount of funding
for reimbursement of
administrative and operating
costs that is otherwise
required to be made available
in each such reinsurance year
pursuant to an agreement
entered into by the
Corporation, the Corporation
shall use $41,000,000 to
provide additional
reimbursement with respect to
eligible insurance contracts
for any agricultural commodity
that is not eligible for a
benefit under subtitles A, B or
C of title I of the Federal
Agriculture Reform and Risk
Management Act of 2012.
(II) Treatment.--Additional
reimbursements made under this
clause shall be included as
part of the base level of
administrative and operating
expense reimbursement to which
any limit on compensation to
persons involved in the direct
sale and service of any
eligible crop insurance
contract required under an
agreement entered into by the
Corporation is applied.
(III) Rule of construction.--
Nothing in this clause shall be
construed as statutory assent
to the limit described in
subclause (II).
(F) Budget.--
(i) In general.--The Board shall
ensure that any Standard Reinsurance
Agreement negotiated under subparagraph
(A)(ii), as compared to the previous
Standard Reinsurance Agreement--
(I) to the maximum extent
practicable, shall be budget
neutral; and
(II) in no event, may
significantly depart from
budget neutrality.
(ii) Use of savings.--To the extent
that any budget savings is realized in
the renegotiation of a Standard
Reinsurance Agreement under
subparagraph (A)(ii), and the savings
are determined not to be a significant
departure from budget neutrality under
clause (i), the savings shall be used
to increase the obligations of the
Corporation under subsections (e)(2) or
(k)(4) or section 523.
* * * * * * *
(p) Coverage Levels by Practice.--Beginning with the 2014
crop year, a producer that produces an agricultural commodity
on both dry land and irrigated land may elect a different
coverage level for each production practice.
----------
TRADE ACT OF 1974
* * * * * * *
TITLE IX--SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE
SEC. 901. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
(a) * * *
* * * * * * *
(d) Livestock Forage Disaster Program.--
(1) * * *
* * * * * * *
(3) Assistance for losses due to drought
conditions.--
[(A) Eligible losses.--
[(i) In general.--An eligible] (A)
Eligible losses.--An eligible livestock
producer may receive assistance under
this subsection only for grazing losses
for covered livestock that occur on
land that--
[(I)] (i) is native or improved
pastureland with permanent vegetative
cover; or
[(II)] (ii) is planted to a crop
planted specifically for the purpose of
providing grazing for covered
livestock.
[(ii) Exclusions.--An eligible
livestock producer may not receive
assistance under this subsection for
grazing losses that occur on land used
for haying or grazing under the
conservation reserve program
established under subchapter B of
chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16
U.S.C. 3831 et seq.).]
* * * * * * *
----------
SECTION 10405 OF THE ANIMAL HEALTH PROTECTION ACT
Subtitle E--Animal Health Protection
* * * * * * *
SEC. 10405. EXPORTATION.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated--
(A) $1,500,000 for each of fiscal years 2008
through [2012] 2017 to carry out section 11010
of the Food, Conservation, and Energy Act of
2008; and
(B) such sums as may be necessary for each of
fiscal years 2008 through [2012] 2017 to carry
out this section.
* * * * * * *
----------
SECTION 26 OF THE ANIMAL WELFARE ACT
* * * * * * *
Sec. 26. (a) Sponsoring or Exhibiting an Animal in an Animal
Fighting Venture.--
(1) In general.--Except as provided in paragraph (2),
it shall be unlawful for any person to knowingly
sponsor or exhibit an animal in an animal fighting
venture[.] or to knowingly attend or knowingly cause a
minor to attend an animal fighting venture.
* * * * * * *
ADDITIONAL VIEWS
We greatly appreciate the work done by the Chairman and
Ranking Member to advance a bipartisan farm bill. This bill
makes important reforms to our agriculture and conservation
policy and maintains our investment in rural communities. One
item of concern, however, involves a provision that is a step
toward imposing a non-tariff trade barrier to imports of olive
oil. We are concerned that this provision will invite
retaliation from the European Union and others against U.S.
agricultural exports, negatively impacting companies around the
United States.
Section 10010 of the bill amends Section 8e(a) of the
Agricultural Adjustment Act to add the words ``olive oil'' to a
list of products for which it is permissible to apply a
marketing order to imports. The United States does not
currently have a marketing order on olive oil. Such a change
will enable certain producer groups to establish a marketing
order on olive oil, and apply to have the provisions pertain to
olive oil imports.
We are concerned because the United States produces little
olive oil relative to what we import. The United States imports
approximately ninety-eight percent of the olive oil that
Americans consume. That would make olive oil unique among
Section 8e commodities. For virtually every other commodity
listed in Section 8e, domestic growers produce at least thirty
percent of the U.S. market in that commodity, and in most cases
much more. For a market that is dominated by imports, a
marketing order has the potential to serve as a significant
barrier.
When applied to imports, marketing orders require 100%
inspection of all imports of the subject commodity. For olive
oil, that would require expensive chemical and even taste
testing of each of the estimated fifteen to twenty thousand
lots of olive oil that the United States imports every year.
This would represent a significant regulatory burden that could
endanger U.S. jobs and do little to address any fraud involving
olive oil labeling.
In addition to the effects new regulations would have on
domestic companies, we remained concerned about the potential
for trade retaliation. Roughly four-fifths of U.S. olive oil
imports come from the European Union, a total of around $720
million last year. In the longterm, provoking the European
Union and others, including nations we have trade agreements
with, runs the risk of harming our growing agricultural export
market.
As this legislation moves through the process, we look
forward to working with the Chairman and Ranking Member on this
important issue.
Chris Gibson.
Tim Johnson.
Randy Hultgren.
DISSENTING VIEWS
Ensuring robust support for our nation's rural communities
is one of our committee's most important, and challenging,
tasks. As our committee and USDA continues to evaluate ways to
achieve this goal, it is important that any effort to further
define the eligibility of a community as ``rural'' for USDA's
rural development programs retains the flexibility and
understanding that currently exists for communities in the
northeast.
Under current law, the definition of ``rural'' and ``rural
area'' includes a city, town, or unincorporated area that has a
population of no more than 10,000 inhabitants in the case of
Water and Waste Water Disposal Grants and Direct and Guaranteed
Loans or 20,000 inhabitants for Community Facility Loans and
Grants. In the absence of an explicit definition for these
areas the U.S. Department of Agriculture has traditionally
interpreted the statute to include as eligible distinct
population centers such as boroughs, villages, or other areas
as unincorporated areas. These areas resulted from the unique
development of the Northeast and reflect the fact that
municipalities, not counties, are the prevailing jurisdictions
of local governments. Villages and other such areas in the
Northeast are often quasi-municipal jurisdictions whose status
has been recognized by the Census Bureau as Census Designated
Places within larger towns.
In 2009, the USDA's Office of General Counsel issued a
legal opinion and an Administrative Notice that would have
prevented these unique entities within municipalities from
receiving rural grants, loans, and loan guarantees. While the
USDA ultimately withdrew their findings, there is still the
possibility that communities in our area may be faced with loss
of eligibility for these critical programs with no explicit
definition for unincorporated areas.
In the absence of an explicit definition of ``rural,'' USDA
has stated that they would like to create a national policy for
rural development program eligibility definitions. Should the
USDA succeed with enacting such an approach, communities in the
northeast could be disproportionally affected as a result of
their unique character. Given the short distance between
population centers previously eligible entities would likely
lose their access to critical programs, most specifically Water
and Waste Water Disposal Grants and Direct and Guaranteed Loans
or Community Facility Loans and Grants. Water grants and loans
ensure safe drinking water, sanity sewer, and solid waste and
storm drainage facilities for rural entities that otherwise
would not have the financial strength to unilaterally build or
upgrade such facilities. Likewise, the Community Facility Loans
and Grants assist in developing essential community facilities
for public use in rural areas including hospitals, fire
protection, safety, as well as many other community-based
initiatives that otherwise might not be possible.
During the committee's consideration of H.R. 6083, I
offered an amendment that would have further clarified term
``unincorporated area'' to include state or municipally
designated townships, villages, or boroughs as well as state,
county, or municipal subdivisions such as a water and waste
water or fire district, or any other separately identifiable
unincorporated place that independently portrays the
characteristics of a unit of general local government. Much
like the current USDA guidance on the matter, my amendment
would have ensured that the unique historic and rural character
of northeast communities would have been maintained for the
purposes of USDA's rural development programs.
While I withdrew my amendment during mark up in order to
provide additional time for the committee and USDA to continue
to evaluate this issue, it is our expectation that should the
department move forward with an explicit definition of
``rural'' that it will take into consideration the unique set
of circumstances of communities in the Northeast. Moving
forward with a one-size-fits-all classification without the
flexibility to address the needs of differing regions of the
country would do irreparable damage to rural segments of the
Northeast. If USDA moves forward, it should take into
consideration that municipalities, not counties, are the
prevailing jurisdictions of local governments. Further, any
definition of ``rural'' should ensure that any new definition
of the ``unincorporated areas'' retains the flexibility needed
to address the needs of unique communities of regions across
the country.
Joe Courtney.
James McGovern.
DISSENTING VIEWS
Title IV of H.R. 6083, the Federal Agriculture Reform and
Risk Management Act (FARRM), represents poor policy and will
result in less food for the most vulnerable people in the
United States. Known as the Nutrition Title, the programs that
make up Title IV are the safety net programs that provide food
for the 44 million people that have difficulty feeding
themselves and their families. The largest program in the
Nutrition Title is the Supplemental Nutrition Assistance
Program (SNAP), formerly known as Food Stamps.
SNAP is the most effective and efficient federal program.
The error rate was 3.81 % in 2010, the lowest in the history of
the program. And that rate continues to decrease. Yet H.R. 6083
cuts $16.5 billion from SNAP, a total that is nearly half of
the cuts made in the entire bill. Indeed, these cuts directly
affect the SNAP benefit because SNAP has such a low error rate,
which means the vast majority of funding goes directly for food
purchases. These cuts are detrimental, unnecessary and cruel,
and we oppose them.
Supporters of these cuts claim that they do not affect
benefits; that they are merely closing loopholes. But the facts
show that these cuts will result in less food for hungry
Americans.
This bill cuts three different SNAP provisions--Categorical
Eligibility, the Standard Utility Allowance (SUA)/Low Income
Home Energy Assistance Program (LIHEAP) connection, and the
State Performance Fund.
Categorical Eligibility (CAT-EL) is a paperwork
simplification process that allows states to treat poor people
the same for purposes of enrollment in our safety net programs.
Specifically, CAT-EL allows low-income individuals or families
who are already enrolled in the Temporary Assistance for Needy
Families (TANF) program, commonly referred to as welfare, to be
made automatically eligible for SNAP. This means that TANF
recipients do not have to go through a separate SNAP
eligibility determination process. However, this does not mean
that everyone enrolled in SNAP via CAT-EL actually receives a
SNAP benefit. Under this program, people do not get one dollar
of SNAP that they do not qualify for; instead they are simply
enrolled in the program and their benefit levels are determined
through the standard process.
CAT-EL saves critical time and money for the 40 states that
currently participate in it, because people who are already
eligible for similarly-administered benefits do not have to
reapply for SNAP and states do not have to waste valuable
worker hours processing paperwork for people who are already
eligible based on their incomes. CAT-EL came about because of
specific concerns states had about administrative procedures.
Prior to the 2002 Farm Bill, states expressed concerns about
the administrative burdens of administering TANF and SNAP to
similar populations. USDA and the states worked together to
allow states more options for administrative flexibility,
including CAT-EL. H.R. 6083 includes significant cuts to CAT-
EL. Specifically, H.R. 6083 prevents states from using broad-
based CAT-EL, a policy change that will result in 2 to 3
million people being cut from SNAP entirely.
The current Standard Utility Allowance and LIHEAP policy
allows states to use LIHEAP and SNAP to ensure that poor people
are getting access to the SNAP benefits. States provide a
nominal amount of LIHEAP funds to SNAP households. SNAP
households are then able to claim these LIHEAP funds as part of
the SNAP deductions as set in law for decades. These deductions
are used to calculate the amount of the benefit for each person
or household.
Utilizing SUA the way states currently do simply
streamlines a difficult and burdensome process. Under this
program, people do not get one dollar of SNAP that they do not
qualify for; instead, they are simply enrolled in the program
and their benefit levels are determined through the standard
process. The connection between the two programs reduces
unnecessary paperwork for states and helps poor households
claim a deduction. Without this connection, families would have
to provide copies of all their utility bills, caseworkers would
have to sift through them, and the entire effort would be more
complicated and burdensome for states and families alike. The
Standard Utility Allowance provisions in H.R. 6083 will cause
500,000 households to see their SNAP benefits cut by an average
of $90 a month.
The State Performance Fund was created as a results-base
program to reward states that reduce their incidents of fraud,
waste and abuse and increase participation in SNAP. H.R. 6083
eliminates the State Performance Fund, ending a program that
has resulted in fewer errors and more low-income eligible
people being enrolled in SNAP.
The cuts in H.R. 6083 will deprive low-income Americans of
nearly 1 billion meals in 2014 alone--but these cuts do not
just impact SNAP. It is important to recognize that the SNAP
cuts included in H.R. 6083 will cause 280,000 low-income
children to be cut out of the free school lunch program.
In order to prevent these devastating cuts, we sponsored
and voted for the McGovern, Baca, Pingree, Courtney, Welch,
Fudge, and Sewell amendment that would have repealed $16.5
billion in cuts to SNAP included in H.R. 6083. Unfortunately,
this amendment was defeated 15 to 31.
Opponents of SNAP talk about a ``culture of dependency,''
as if getting on SNAP is a lifelong goal for some. Yet 85% of
families on SNAP are making less than $24,000 a year for a
family of four. The average SNAP benefit is $1.50 per meal per
day, an amount that will go down in September, 2013 even
without the cuts included in H.R. 6083. And the SNAP benefit
does not provide one hundred percent of the food necessary to
feed a hungry family in a month. In fact, the benefit is
designed to be a supplement to the monthly income that a family
earns. For many, SNAP is a last resort for those who have no
place else to turn. To call it a ``culture of dependency''
implies that people are poor by choice and enjoy needing this
help.
And the cuts to Title IV included in H.R. 6083 would harm
Americans beyond SNAP beneficiaries. These cuts would eliminate
19,000 jobs at time when we need to be creating jobs. Food
banks and charities, including many faith-based institutions,
are the first line of defense against hunger and simply cannot
keep up with current demand.
Millions of Americans--after spending down most of their
savings, selling cars, and making other serious cuts to their
own budgets--put their pride aside and accept SNAP as a way to
feed their families. Yet the answer to those struggling
families today, the response to the call of hunger as laid out
in H.R. 6083, is to continue the outrageous practice of preying
on the poor.
These cuts are immoral. They are hurtful. And they are
exactly the wrong answer for people who struggle with hunger.
H.R. 6083 continues the 112th Congress' practice of picking
winners and losers based on income. Unfortunately, these
policies will result in more hunger in America and will cause
real harm to the men, women, seniors and children who rely on
SNAP to put food on their tables.
James P. McGovern.
Marcia L. Fudge.
David Scott.
Peter Welch.
Chellie Pingree.
Joe Courtney.